Galletly Trial Set for Jan. 6

District Judge Robert Haney set a trial date of Jan. 6, 2006 for Grove City Manager Bill Galletly, after denying a motion to dismiss charges of splitting of contracts.
Galletly is accused of two counts of splitting of contracts, a misdemeanor, to avoid requirements of the Oklahoma Competitive Bidding Act of 1974.
In District Court Thursday, Galletly's attorney Jack Gordon Jr. of Claremore, argued for dismissal because the statute as written by the legislature is punishable only by rendering the split contract void, and omits any reference to criminal sanction. Gordon argued that the statute must be read as written, not "presumed that something else must be there." He said if the legislature thought it had erred, it had more than 30 years to correct the statute and had not done so, even though revisions were made in 2000.
Judge Haney said it was not logical that there would be criminal punishment for county and state employees for violation of the statute, but none for city employees. "It does not make logical sense to this court so the motion to demurrer is denied," said Haney.
He added that he would assist in any way he could to get the State Court of Criminal Appeals to hear the case promptly.
Gordon said his defense would be the same on appeal or at trial "because I am right." The statute is what it says, not what is it interpreted to be.
The two splitting of contracts charges refer to the "White Building Project" east of Grove, now home of Rocket Gaming, Inc., and the "Grove City Hall Remodel Project."
The statute reads that the only punishment for violation of this section is voiding of the contracts. Gordon said the Court of Criminal Appeals usually does not hear cases until after the trial is held but he would push for an early hearing in any case.
Galletly remains free on an "own recognizance bond." Charges were filed by District Attorney Eddie Wyant Aug. 19.

District Attorney Puts GIDA Board on Notice

Delaware County District Attorney Eddie Wyant has decided not to file charges against trustees on the Grove Industrial Development Authority (GIDA) at this time, but at the same time is encouraging them to "follow the law" and attend a free workshop on the Open Meeting Act and the Open Record Act presented by Drew Edmondson, Attorney General..
Wyant, in a letter to the "clerk" of GIDA dated Sept. 28, 2005, cited numerous violations committed by members of the GIDA board over the sale of the Civic Center and said "I cannot possibly overstate my frustration with this situation."
Wyant said his investigation revealed that the GIDA Board has, on at least six different occasions, gone into executive session to discuss the proposed sale of the Civic Center in violation of 25 O.S. 307(B)(3) and that minutes of those sessions have not always been made or kept, that individuals who may profit from the proposed transactions concerning real property have been allowed to be present or participate in these sessions; and that members of the Board have on more than one occasion circumvented the entire purpose of the Open Meeting and Open Records Acts by having 'back room' discussions outside of public meetings and making decisions that effect public interests and property."
"If sufficient evidence is developed that shows this has been happening or happens in the future, I will reopen this issue and will prosecute those responsible," Wyant said in his letter.
He said based on the precedent of opportunities that he has given to other Grove municipal officers to follow the law before prosecution, "I do not believe it would be fair to these Board members to just start off by filing charges against them."
"We would much rather help than prosecute!" he said.
Board members Dave Helms and Carolyn Nuckolls have already signed up for one of the upcoming Open Records Act seminars.

Grove Council OK's Trust Appointments

New appointees to several of the public trusts highlighted the Grove City Council meeting this week, with controversy over the sale of the Grove Civic Center and location for a new one entering into the voting.
Bob Henkle, member of the Grove Industrial Development Authority trust since 1982, failed to get reappointed to his seat, by a 3-2 vote, even though there were three openings and only three applicants to fill the seats.
Council members Carolyn Nuckolls, Dave Helms, and Terry Ryan voted against Henkle while Larry Parham and Terry Bishop voted to seat him on the board for another term.
"I am disappointed at the unusual manner in which I was removed. I have been supportive of a modern, up to date civic center of which the people of Grove can be proud, and it appears that the small group of people on the council that don't support these plans have won the day," Henkle said Wednesday.
Henkle said he was involved many years ago in helping establish the Grove Industrial Park, when the city did not have the money to purchase the land. "Several of us went together and got a loan to purchase the land ourselves, and later the city paid off the loan and took over the property," he said.
Henkle said he remains available to assist the city in any way he can.
Other observers point out that Henkle was quick to adjourn an executive session meeting in July of the GIDA when a real estate person was in the room, a violation of the Open Meetings Act, and that he has always said the location and type of new civic center should be up to a vote of the people.
It is widely known that a small faction of people think the new civic center should be located east of town on property owned by the Seigfreid family, while others think the center should be located on the future Wolf Creek Development at the entrance to Grove, or in that general vicinity.
Appointed to the GIDA board at Tuesday's meeting were Terry Ryan and David Adzigian, with the third vacancy still unfilled. The vote for Ryan was 3-2, and 4-1 for Adzigian, with Dave Helms voting no. Adzigian also serves on the airport trust authority.
Adzigian's appointment fills the seat created by the term expiration of Doyle Seawright. Ryan's appointment fills the seat created by the term expiration of Bob Henkle.
A third seat created by the resignation of board member Larry Loch, remains unfilled, even though Henkle could have been appointed to it.
Terry Ryan was also appointed to a vacant seat on the Grove Municipal Services Authority trust, by a 3-2 vote.
Dale Dawson was appointed to the Zoning Board of Adjustments. It was pointed out that Bill Miller does not have to resign his seat on the Adjustments Board due to be his appointment to the Planning & Zoning Board.
Councilman Larry Parham said the intent of the trusts was to be separate from city, free from direction by the city, and that the city has no legal authority to control actions of trustees, and he felt that other non-council people should be appointed to the trusts.
Councilman Terry Bishop said he was opposed to any board with a majority who are on the city council.
City Manager Bill Galletly pointed out that the Oklahoma State Supreme Court has ruled on at least three occasions that this is not a conflict of interest. "If you lose your council seat, you are automatically off the trust board," he said. "This is the voter's way of controlling who serves on the trust, rather than have lifetime appointments of people not accountable to the voters."
In other action, Galletly said he could "feel the August 2006 date slipping away" for completion of utility relocations along Highway 59 from Leisure Lane to Sailboat Bridge.
"The city has done its work and we are waiting on approval of plans from DEQ and ODOT," he said. "We cannot go to bid until the plans come back approved," he said.
Construction was to start this month on the utility relocation phase and be completed by August 2006. Then, actual work on the five lane project was to begin with completion in the spring of 2008.
Under public comments, it was pointed out that Charter Cable has never sold to Allegiance Cable of Tyler, Tx, after having received Council approval last January, and has never completed service to portions of Grove without Cable. The sale was to have occurred last May. And, after stating that Grove was too small a city to serve, Charter then applied for a franchise to serve Bernice.
Councilman Larry Parham brought up a possible error in the minutes of the previous council meeting which stated that "Ryan made the motion that in the case any 'Adverse Ruling' that the Council authorizes the City Attorney to appeal to any such adverse ruling."
He questioned the validity of such a motion which would automatically trigger an appeal in any legal action adverse to the city and specifically objected to the word "any."
It was agreed that this wording would be reviewed by listening to the meeting tape and considered at the next meeting.

An Editorial...Be Careful on Trust Appointments

The Grove City Council this week, in appointing trustees to GMSA and GIDA, focused attention on how quickly things can change in city government.
It wasn't long ago that trustees on these boards were individuals who were unreachable by voters, appointed to lengthy terms and in some cases establishing their own fiefdoms, answering to no one.
These trusts exist in order to borrow money, since the city is legally prohibited from doing so.
Now, in just a few months, we have newly elected council serving on multiple boards. The pendulum has swung the other way with no stopping in between.
For example, former councilman David Adzigian now serves on both the Airport Authority board and GIDA. New councilman Terry Ryan now serves on both GMSA and GIDA, in addition to work on the council. Some wonder how he will even have time to serve up the Spatzle at his German restaurant.
GIDA is served by Mayor Carolyn Nuckolls and Councilmen Helms and Ryan, with former councilman Adzigian. One position is still vacant as Bob Henkle was not reappointed this week, which is a story in itself. We think Council clearly made a mistake in not reappointing Henkle, who has a wealth of experience on GIDA matters, including the civic center issue.
On the GMSA, Nuckolls, Helms and Ryan serve, in addition to Craig Criger and Pete Churchwell. Churchwell is representative of an outsider with specific knowledge that is helpful to GMSA.
There are those who say this is all standard operating procedure; in fact in some cities councilmen make up the entire board with no other representation. The sole criteria for being appointed as a trustee should not be holding a seat on Council.
Threats of lawsuits, violations of complicated laws, harassment, and looking over one's shoulder at the DA's office may well keep many non-political types from applying. However, there are people in Grove who do have expertise to offer. They should not be overlooked
We say, care should be taken in appointing the same people to multiple boards.

The Followup File...

Remember last January when representatives of Charter Cable Co. said they were going to sell out to Allegiance Cable of Tyler, TX and therefore could not provide service to Patricia Island and other parts of Grove currently unserved by cable? The Grove City Council even approved the sale.
Well, the sale, planned for May, never happened.
Charter is still serving Grove and there is still a contract for purchase by Allegiance, although the financing plan has been changed two or three times, according to a Charter official.
"Maybe by the end of the year," he said. He added that the dynamics keep changing, such as the sale by Cox Cable of many of its small town systems across the country, including many in Oklahoma.
In the meantime, residents of Patricia Island are hanging on to their string and tin cans for the latest in communiciations technology.
Interested in Flu Shots? Last year's ill-conceived plan for rationing flu shots won't be needed this year, hospital officials advise. Just call your physician and get your flu shots there, as plenty of vaccine is available this year...Preliminary hearing for Coby B. Livesay, 31, Grove man accused of two counts of shotting with an intent to kill, has been set for Oct. 25 at 10 a.m. in District Court. Livesay is accused of shooting a Grove police officer and a Deputy Sheriff at his home just outside the Grove city limits...

Congressman Dan Boren Pays Visit to Grove

Congressman Dan Boren and several of his staff members paid a visit to Grove this week for a get acquainted session with 20 or so community leaders.
Rep. Boren noted that Hurricane Katrina put a hold on most of the congressional legislation which brought about an unexpected break that afforded him time to visit many of the counties in his district.
He fielded questions from the group on Iraq, Energy, China, the budget deficit, and highway funding.
"We are borrowing from China which is setting us up for some tough times," he said, noting that in the year 2041 the entire budget will be devoted to interest on the national debt. On Energy, he said he supported the Anwar drilling project in Alaska where "nature can co-exist with drilling."
He said we need more production as well as reduced consumption. "It takes 800 government permits to build an oil refinery," he said. "China is growing at 10% per year and they are planning for the long term, while we plan for the short term."
On Iraq, he said "we seem to be taking a step backward, the number of Iraqi troops is decreasing, which will cause a delay in bringing our troops home." "Our military is stretched, but we can still extricate ourselves over a period of several years."
He said he and others have introduced a Meth Bill patterned after Oklahoma's, which the Senate has passed. "I think President Bush will sign this bill," he said. He added that Meth is currently being made in Mexico and shipped through Heavener, OK and being handled by workers in the chicken plants. The money is then shipped back to Mexico and there is no appearance of it around Heavener in the form of limos', fancy cars, etc.
Boren was accompanied by Peter Regan, Chief of Staff; Ben Robinson, District Director, Muskogee; and Jeff Berrong, field representative from Claremore.
In Photo: Carol Fortner, County Clerk, with Rep. Dan Boren.

Grove City Employees Recognized

Above, Rufus Sprueill receives the Employee of the Month plaque from Mayor Carolyn Nuckolls at this week's City Council meeting; above right, Mike Reed is presented a plaque for his recognition from the Oklahoma Water & Pollution Control Association. Reed is Chief of the Wastewater Plant Operation in Grove, while Sprueill is known as "the McGiver of the city" for his skills in making, repairing and using anything mechanical. He is Foreman on buildings and grounds.
City Manager Bill Galletly said "we have many fine, excellent employees in the city and these two deserve their recognition."

The Canine Corner...by Missy MacTavish

There is a horse that lives in Grove. Yes, right in a neighborhood with people. He eats out of his carport where they have parked a bale of hay.
His yard is not very big so he does not get a lot of exercise and no one ever rides him there.
The neighbors don't like it much.
The deal is, the Grove City Council hasn't done anything about making new rules for these type animals because they can't decide what the definition of "large" is.
I can tell you.
Large is anything bigger than me.
That would include pigs, cows, horses, giraffes, mules, buffalo, and elephants.
So, councilpeople, write that down and get to it. We can't have large animals roaming around in Grove because they might step on me.

Special 911 Election Set for Dec. 13

Delaware County Commissioners have set Dec. 13 as the date for a special election on whether or not to implement emergency 911 service, which will be funded by a 50 cent per cell phone per month fee.
According to Don Murphy, Emergency 911 Coordinator for Delaware County, "residents who use land phones in their reisdence now pay approximately 8%, or roughly $1 per month per line, for 911 emergency service.
The date of Dec. 13 was set as similar elections will be held in Oklahoma and Tulsa counties and the resulting publicity for those will carryover into Delaware county, Murphy said.
If passed by the voters, the 50 cent per phone fee will be added to the monthly bill by the cellular company and distributed to the county via Grand Gateway, which will charge one cent per phone as handling fee.
Bruce Poindexter, Chairman, said the annual budget for the county was very close to being finished and should end up somewhere around $3,366,797 which was last year's actual number.
"We are $200,000 under what we need and $100,000 over last year," he said.

Third Street Gets a Facelift

A portion of Third Street received a facelift by ODOT this week with a 4 inch coating of new asphalt from Broadway to near Center.

Water Board Puzzled at City Request

Board Members of District No. 9 Water Board expressed puzzlement over the city's request for the board to sign lot re-sizing plats for Patricia Island Estates, previously approved by the planning and zoning board and city council.
John Gillette, secretary-treasurer, noted that they had never been asked to sign re-platting documents before and he would make inquiry with city officials to determine why they were being asked to sign them this time. "Is this a new policy?" he asked.
Re-platting and downsizing of lots in phases 4, 6 and 3 were presented by Tim McCrary. The water board did approve them for signing.
Also discussed were the lack of enough fire hydrants at Patricia Island Estates.
"We have been assured by the Grove Fire Chief that water is not a problem at Patricia Island,"
Gillette said, even though there is as much as three-tenths of a mile between hydrants in some places.

MIFD Bizaare Bazaar is Saturday

Monkey Island Fire Protection District Women's Auxiliary is having a "Bizarre Bazaar" on Saturday, Oct. 8, from 8:00 a.m. to 5:00 p.m.
The Bazaar will include a huge garage/parking lot sale, bake sale (homemade goodies by the women of the Auxiliary), craft exhibitors, food concession booth selling hot dogs, cinnamon rolls and soft drinks.
So come join the fun of eating and shopping at the Monkey Island Fire Department. All proceeds go to the department to assist the firefighters and first responders.
For more information, please call Ruth Kirkpatrick, 918 257-5881 or the fire department, 257-8242.

Rummage Sale Re-Set for Saturday

The Delaware County Genealogical Society has rescheduled its rain delayed Rummage Sale for Sat.Oct. 8 from 8 a.m. to 1 p.m. at the Grace Presbyterian Church, Main and 4th, Grove. Also for sale will be Old Sail Boat Bridge Mementos, $10 each, Cookbooks, and Totes. All proceeds go for new Genealogy Info Books for the Grove Library.
...from correspondant Linda McDonald.