BY GREGORY A. HALL
The Cincinnati Enquirer
COVINGTON -- The legal team representing Kenton County is growing in the case against developer Bill Butler and Corporex Cos.
The Kenton Fiscal Court voted 3-0 Tuesday to hire lawyer Mark Arnzen to help County Attorney Garry Edmondson.
"We have a fine attorney," Judge-executive Rodney "Biz" Cain said, "but . . . I don't want to be outshuffled with paperwork." The lawsuit stems from controversy over construction contracts that led the county to pay an $850,000 settlement Monday to two losing bidders who said Mr. Butler's Corporex Cos. had unfair advantages. The county is now trying to recoup the money by suing Mr. Butler, whose companies are building the county's $35.6 million parking garage and courthouse.
Normally, Mr. Arnzen charges $150 an hour, but Mr. Edmondson said he negotiated that down to $125 an hour.
"Initially, it was hard to find somebody who didn't have a conflict," Mr. Edmondson said.
County Commissioner Steve Arlinghaus said there's no conflict of interest regarding Mr. Arnzen, who practices in Covington. But Mr. Arlinghaus questioned whether hiring someone locally is prudent because the lawyers know each other.
The commissioner suggested hiring a lawyer from Louisville or Lexington who was not familiar with the local lawyers.
Mr. Cain and Commissioner Nyoka Johnston both said lawyers are trained to take the position of their clients, so whether they know the other lawyers in the case shouldn't be a problem.
Mr. Arlinghaus ultimately voted to hire the special counsel to work with Mr. Edmondson who remains the lead attorney on the case. Commissioner Bernie Moorman was absent because he is meeting with congressional staff members in Washington regarding funding for a study of light rail transportation in the region.
In a related matter, the Fiscal Court also approved a $18,889 change order on the project to pay for the installation of lightning protection rods on the parking garage.
County Project Manager Rob Thrun said waiting to approve the change could delay completion. Mr. Cain, who owns an electrical supply company, asked last week that other providers be contacted because he said the price for ground rods was too high.
But Mr. Thrun said there are few qualified contractors.
"It's a seller's market out there," he said.
Corporex reduced the price from its original submitted cost of $20,889.
