Volusia hires attorney in voting suit

By JAMES MILLER   Daytona News-Journal  July 08, 2005

DELAND The County Council agreed Thursday to use an outside attorney to represent Volusia in a federal voting rights lawsuit filed earlier this week.

County Attorney Dan Eckert had already tapped Orlando-based attorney David Kornreich of the law firm Akerman Senterfitt to defend the county against the suit filed in federal court by the National Federation of the Blind and its Florida affiliate.

A hearing is set for 1:30 p.m. July 15 in Orlando.

The organization sued after the council refused last week to buy 210 touch-screen machines for voters with disabilities because the machines don't use paper ballots.

The state requires counties to have disability-accessible equipment in place for the first election after July 1; it will be Oct. 11 in Volusia County.

Eckert brought in outside counsel in part because he had said publicly that buying the touch screens was the county's only legally available option comments which show up in the federation's lawsuit.

While Eckert had hired Kornreich, County Chairman Frank Bruno had consulted with Daytona Beach attorney Jon Kaney, managing partner of Cobb & Cole, the general counsel for the News-Journal Corp., and suggested Thursday the county might ultimately employ co-counsels, but no vote was taken.

In other action, the council:

? Endorsed preliminary design plans for a $373,080 entertainment pavilion at Gemini Springs Park in DeBary. County parks administrators have set aside $200,000 for the project and will present it to DeBary officials in August in hopes of getting additional funds.

? Approved changes in the county grant program for environmental, cultural, historical and outdoor projects meant to do such things as aid preservation of historical projects that could be lost to development.

? Upheld a staff decision allowing a couple in an unrecorded subdivision near DeLand to build on property there after securing permission to build a private road through a neighboring lot. A neighbor had appealed the decision, saying it could set a precedent allowing private roads and building on sensitive wetlands.

? OK'd negotiations with Prison Health Services of Tennessee, a for-profit prison health provider, to take over inmate health services at the Volusia County Branch Jail and the Volusia County Correctional Facility. Halifax Medical Center currently provides the services, but corrections administrators say the county would save $2.2 million over four years with the change.

? Decided to let a court resolve disputes with Orange City and Port Orange. Negotiated settlements failed. Orange City officials sued after the council endorsed a contract to extend water and wastewater lines into an area the city claims as its utility service area. Port Orange officials sued after the county denied permission to extend a water line along Taylor and Tomoka Farms roads.