Bert Fish Medical Center merges with Adventist Health/Florida Hospital; now it's on to court

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NEW SMYRNA BEACH -- Bert Fish Medical Center's merger with Adventist Health System came full circle tonight with a 6-1 vote to seal the deal that was first made in July before a lawsuit prompted a "do over" of the process with several suitors.

The biggest change in the new agreement is a 35-year lease as opposed to five years before possibly buying the hospital outright.

And that was music to Bert Fish board member Jackie Hersheck's ears.

"They changed it to a long-term lease and I'm pleased with that" she said, adding it would provide stability for the financially-troubled 118-bed hospital.

Besides Hersheck, other board members voting in favor of e merger with Adventist were Chairman Dr. Tom Omby, Bob Weiss, John Marsh, Tom DeSimone and Bill McGee. The dissenting vote was cast by Pam Davis.

New Smyrna Beach resident and local government watchdog Robert Tolley was nonchalant about the near-unanimous decision, saying from the beginning it was obvious nothing would change.

"It's the decision of the board so we go with it," Tolley said. "Now we wait for the judge."

Circuit Judge Richard Graham is overseeing a lawsuit filed by the Bert Fish Foundation that challenges the validity of the merger, with the initial court hearing scheduled for Nov. 18. And the outcome of that suit could, once again, break the circle.

The suit alleges Bert Fish CEO Bob Williams and the board held 21 meetings behind closed doors in violation of the state's Sunshine laws, before voting in public to go with the Adventists.

To get around it, attorneys for both hospitals came up with a "cure" which was to hold a series of hearings in public leading up to last night's vote.

But the Bert Fish Foundation, through its lead attorney, Jon Kaney Jr., former general counsel to the Daytona Beach News-Journal, doesn't share that sentiment.

The initial July 1 merger is also being investigated by the State Attorney's Office for possible criminal prosecution at the misdemeanor level.