East Point city attorney picked to investigate PTC contract controversy

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East Point city attorney picked to investigate PTC contract controversy

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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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