Friday, May 24, 2002

East Point city attorney picked to investigate PTC contract controversy

By JOHN MUNFORD
jmunford@TheCitizenNews.com

The Peachtree City Council has appointed an attorney to investigate contracts between the city and its airport and development authorities that were signed last year by former Mayor Bob Lenox.

Current East Point City Attorney Winston Denmark was unanimously selected to investigate the matter and determine if the contracts are valid. Denmark is also charged with making recommendations to council of possible action it may take, including civil or criminal legal action, referral to outside agencies, or no action at all.

The vote appointing Denmark was 4-0; City Councilwoman Annie McMenamin was absent but a statement was read for the record that she had submitted to city staff.

In that statement, McMenamin said her attendance at the meeting would be "inappropriate."

"It is my opinion that the actions taken by the Council at the May 16 meeting that supported this called meeting possibly violated the spirit of the city's open meeting requirements," the statement said.

Mayor Steve Brown has admitted to leaving McMenamin out of the loop before last week's council meeting on the possibility council might hire an attorney to look into the matter. Brown said this was because her daughter works for the law firm that employs City Attorney Rick Lindsey, and he didn't want McMenamin to "sabotage" the plan.

McMenamin was not available for comment by press time Thursday.

Lindsey told The Citizen Wednesday that he welcomes the appointment of a special attorney to investigate the matter.

"I can say, come look at my computer," and review the e-mail of the changes that were forwarded to City Manager Jim Basinger, Lindsey said.

The contracts were designed to dedicate funds from the city's hotel-motel tax so the authorities can operate and pay debt for the tennis center, amphitheater and airport. It is alleged that the contracts signed by Lenox were not authorized by council's vote because of a change to both.

The change requires the authorities to agree with the city in order for those funds to be reduced. Previously, language in the contracts would have allowed the city to change the funding amount "at its sole discretion."

Denmark's firm, David Couch and Associates, has recently opened a Peachtree City office. He will be compensated at $150 an hour, the same price for the two other attorneys recommended by Councilman Murray Weed, who is himself a municipal attorney.

Council passed over Laurel Henderson of Laurel Henderson and Associates, and Drew Whalen of Mullins, Whalen and Westbury. Henderson currently specializes in special project municipal work and the defense of cities and counties.

Whalen currently represents the Morrow and Griffin city councils.


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