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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