By MONROE ROARK
mroark@thecitizennews.com

After two delays, the City Council of Peachtree City is expected to reappoint its sitting municipal judge and current city attorneys at tomorrow night's regular meeting. The issue involves brewing controversy about City Attorney James Webb's ties to a local bank board, which includes developers who have sued or are currently suing the city.

Letters to The Citizen have raised questions about the propriety of Webb defending the city against a pending lawsuit by a fellow board member and investor in the Bank of Georgia, Pathway Communities president Steve Black. Pathway is suing the city about a traffic impact ordinance that played a role in the recent Home Depot decision affecting the city's west side.

Webb, the current city attorney, has written The Citizen demanding retractions and apologies for printing the letters, a legal precursor to filing a libel suit.

Another letter about the controversy appears on Page 6A.

Neither Judge A. Mitchell Powell nor the firm of Webb, Stuckey and Lindsey submitted the lowest rate for services, but city manager Jim Basinger told the council in a written statement that the costs are justified.

“Staff feels it is worth the additional investment to retain the services of Judge Powell in this very critical, high-profile position,” he said. “While Webb, Stuckey and Lindsey did not offer the lowest hourly rate, the firm's total fees would probably be the lowest due to increased [transportation costs] for those firms outside Peachtree City.”

Webb, Stuckey and Lindsey was the only Peachtree City firm that bid on the city attorney position, which it has held since 1992, the same time Judge Powell ascended to the bench.

The city originally sent out notices in November that it would consider bids for these positions, but some confusion on the original request for proposals necessitated a rebid in December.

Glover and Davis, the Newnan firm of which Judge Powell is a member, was the low bidder for the city attorney post the first time around, and city staff recommended them based mainly on price, saying that Webb, Stuckey and Lindsey has provided excellent service for the past several years.

But when the council discussed the bids in December, it was revealed that some confusion existed as to the city attorney and solicitor positions. Webb, Stuckey and Lindsey are currently filling both roles.

But some bidders opted solely for the solicitor job, which prompted the city to solicit bids a second time and more clearly state the requirements.

The council elected to combine the positions of solicitor and city attorney, under which conditions Glover and Davis did not submit a bid.

Powell bid again for the municipal judgeship, which effectively knocked his firm out of the running for the other job, since the same firm could not represent the city as solicitor and serve on the municipal bench.

The matter was to be decided by the council during February, but Councilman Robert Brooks was unable to attend either of the council's regularly scheduled meetings in February.

As for Webb, Stuckey and Lindsey, their bid was the same both times: a $750 monthly retainer, $130 per hour for attorneys and $70 per hour for paralegals and clerks.

That was not the lowest bid among the five applicants, but it was the only bid received from a Peachtree City firm. There were two bidders from Atlanta and one apiece from Fayetteville and Jonesboro.

Mayor Pro Tempore Annie McMenamin has made clear that she would abstain from any vote to retain Webb, Stuckey and Lindsey, since her daughter is a lawyer with that firm.,