Dueling Attorneys, Not Banjos, as Council Meets

One agenda item. Two typewritten lines. Ninety minutes of discussion. And when it was over, citizens were ready to call for "Dr. Phil" and his Relationship Rescue Seminar.
The Council meeting Tuesday included dueling attorneys and much discussion on elimination of risk to Grove's citizens in case of a lawsuit against the Grove Municipal Airport Authority.

The one agenda item was "regarding a request from the Mayor and City Council to the Trust Authorities of the City to transfer all titles of real properties to the City of Grove."

First up was a challenge from Councilman Larry Parham to Ron Cates, city attorney:
"Who hired you?" he said, maintaining the city attorney works for the council.
Cates replied that according to state statute in a Council/Manager form of government, the city attorney works for the City Manager. He suggested that both the council and manager get together on the issue but that the "prerogative lies with the City Manager."

Councilman Gary Bishop then brought up the question as to"conflict of interest with the same people serving on the council and trusts," as he has before. Cates replied that there is none, per the state attorney general, and in fact the general rule in most small cities is that trusts are mostly composed of elected officials. "Grove has more non-elected trust members than most other cities," he said. He also advised that in 1979 the issue was considered by the State Attorney General and ruled a no conflict issue.

The dueling attorneys portion of the meeting occurred when Donna Smith, attorney for the Grove Municipal Airport Authority put on a whiteboard presentation citing an attorney general opinion that "all the trust has is bare, legal title, the city has the beneficial interest in the property."
"In 46 years the airport trust has never had a lawsuit against it, while the city has been sued several times in the past three years," she said. Cates referrred to this as "smoke and mirrors" logic and reminded her that it was the citizens of Grove that really own the property.

The problems at the Monkey Island Development Authority and Tulsa International Airport were brought up by several attendees, noting that it was the trusts that caused the problems, not the municipal body.

Gary Tripensee, chairman of the trust authority, said "this is nothing more than an effort to break the trust" while Cates replied "this could be done with one vote, but there is no intention of doing that."
Earl Shero said "the trust will be eliminated if you pass this, you might as well go ahead and eliminate the trust."

Councilman Terry Ryan brought the matter to a vote by saying "we have three other opinions saying reduce the risk, and can anyone here say that risk is a good thing?"
"If you have the opportunity to reduce risk, you do it; no risk is better than some risk."
He noted that it was he who had requested the resolution, not the city manager, because he was concerned with risk.

Councilman David Helms then made the motion to request the transfer of property and it was approved on a 3-2 vote, with Councilman Bishop and Parham opposing.

(Please see Editorial elsewhere in this edition)

In other action, Cindy Threakill spoke on the need for improvements in the parking lot of her business, Buddy's Small Engine Repair, damage caused by faulty drainage during rain. She mentioned that the city manager and work crews had been to the scene several times in an effort to fix the problem but "we are just p**ing in the wind if we don't go back upstream and fix the entire problem."
Galletly said there was not a single fix for the problem, it is "area in nature" and agreed to report back at the Council's second meeting in January. The Threakill's would like their lot to be built up and repaved to avoid water collection which is ruining their parking lot.

Councilman Bishop reported that he is continuing to seek a solution to the city's cemetery shortage and would meet this week with a cemetery design firm, along with the city manager and Mayor.

Councilman Ryan read a statement supporting the proposed Wolf Creek Project and asked that it be put on the table for a future agenda item. He said the proposed project would be "an exciting addition to Grove."

Galletly reported that the problem at 13th and Main with the traffic lights being off was caused by ODOT crews who drilled into a large water line which then ran into the new electrical conduit; another contractor drilled into the electric wires for the new lights putting everything back. He said he hoped for a resolution to the problems soon, but that "it was not the city's fault and we are not able to get it fixed on our own."

An Editorial...The Fuss over the Trust

This week the Grove City Council voted to request transfer of real property from the public trusts to the city. Boiled down, the purpose is to reduce risk of losing property in case of a lawsuit against one of the trusts. While slight, the risk is still there as long as the trust holds property, because the trust can be sued.

The two things that get people stirred up the most are Money and Power. Loss of either can cause a catastrophic reaction.
Put on simple terms, why should taxpayers of Grove foot the bill for two attorney's arguing over the reduction of risk and possible loss of property owned by the citizens of Grove?

Public trusts are required to operate as a legal entity separate from the municipality; separate meetings are required, separate books, accounts and fiscal affairs. Funds of the trust must not be commingled with those of the municipality, according to Title 60 of the Oklahoma Statutes, Sections 176-180.4.
But many in Grove will state that our airport trust has been "out there doing its own thing for too long." In 2004 the authority allowed a local developer to remove dirt from the airport property without being declared surplus property, according to a report. The Airport Manager is the only employee that does not report either to Council or the City Manager. Not a single member of the airport trust was elected by the people. They serve five year terms, a year longer than the U.S. President. The meeting minutes even refer to people by first names, which is not exactly per Roberts Rules of Order.

The transfer of property will go smoothly with GMSA and GIDA; it is the Grove Municipal Airport Authority trust transfer request that will not go silently into the night. We can expect more fighting over this issue.

Public trusts were created to borrow money, which the city cannot, without a vote of the people. The city is the beneficiary of the trust. It is not unlike a parent-child relationship, but in the case of the Grove airport trust, the child is always having temper tantrums over authority.
The public trust is liable for its own torts, and property owned by the trust is subject to loss in the event of a lawsuit. So the idea is to transfer all of the property to the city where it is safe.

Grove hired an outside CPA firm in early 2005 to make recommendations on a number of city functions. One of them regarded ownership of and title to Land.
In its recommendations, Carlson & Cottrell, CPA/s of Shawnee, OK, said quite simply:
"All assets purchased by the City of Grove, or with funds received by the City of Grove should be held in title by the City of Grove for use by the Grove Municipal airport Managing Authority. The city and authority should determine which land was purchased by which entity and the source of the funds used, and make any necessary changes to the title-holder."

City Attorney Ron Cates, in a letter of Dec. 12, stated "a conveyance to the City of Grove of all real estate held in the name of the trust would greatly enhance the protections for the real holders of interest in the real property, i.e., the citizens of Grove, while at the same time not interfering with the Trustees duties and rights pertaining to the overall management of such airport property…"

Victor Bird, chairman of the Oklahoma Aeronautics Commission, made similar pleadings at a recent meeting of airport managers held in Pryor.

There you have it. The city does not intend to interfere in the operations of the airport, but wants to eliminate risk to its property in case of a lawsuit. And everyone knows that in today's world litigation is something we all face at one time or another.

But at this week's council meeting one would have thought the airport authority trust was being asked to disrobe in public and run around the hangers, based on their reaction and previous meetings where the subject was much discussed, again using attorneys working on the clock.

In the last council election there was much talk of the "airport crowd" and its controlling nature.
The Grove Municipal Airport belongs to the City and its citizens, not the trust board members, and they would be well advised to recognize the tail does not wag the dog here and work for the good of all of us, while continuing to manage a fine airport in a sound manner.

GIDA Holds Short Meeting

The Grove Industrial Development Authority set limits on purchases of land for future development, at its regular meeting Tuesday, to eliminate possible profiteering of land purchased from the city.
The land must be used as intended in the purchase with construction to begin within 90 days of closing, and completed within 365 days from commencement date; if terms are not met, the property will revert to the GIDA.
It was approved 4-0 with Mayor Carolyn Nuckolls absent. Member Bob Henkle called it a great step forward and something that needed to be done.
Also approved 4-0 was the allowance of a modular home from Lee's Grand Lake Home Sales to remain on the Civic Center parking lot between the Home Show and the Boat Show, Jan. 30 to Feb. 27. But this year the fee will be increased from $150 to $250 and the unit must be moved off the lot within five days of the Boat Show's end date.
A member of the public, Judith Read, opposed the permit.
The board also went on record as supporting development of property at the Industrial Park, where eight acres of land remain for development, and authorized the city manager to write letters to prospects to determine if they are serious about purchasing land.

GMSA Approves Transfer of Property

The Grove Municipal Services Authority approved a salary increase for the city utility superintendent, Jack Bower, at its regular meeting Tuesday. The increase was approved 4-1 with Mayor Carolyn Nuckolls voting against the increase. "This is a $90 per week increase and I have a problem with that," she said.
City Manager Bill Galletly said Mr. Bower had done an excellent job in responding to an increased workload and "is a valued part of our organization and will continue to grow even more."
After some discussion the Board also approved transferring all real property from GMSA to the City of Grove, to eliminate risk in case of a lawsuit. "The necessity for a public trust owning property is non existent," said Ron Cates, city attorney. Member Craig Criger was the lone dissenter, voting to abstain.
The GMSA board also approved an Addendum to a contract with Archer Engineering which provided for flow monitoring equipment for each of six pump stations on the Highway 59 widening project at a fee of $24,000. The equipment had been approved previously
The board also acknowledged receipt from Oklahoma DEQ of several revised permits for water lines to serve North Beach and the Har-Ber Road water line.

Kids Connect to Save Fish at W.R. Holway

Salina — "We’re building homes for the little fish, so they won’t be eaten by the big fish," said seven-year-old Reid Patton. Kids from Green Country Council of Camp Fire USA (GCC), came to help the fish in the W.R. Holway Reservoir by helping the Grand River Dam Authority (GRDA) build more fish habitat.
"A lot of kids really don’t do much outdoors anymore, and we want them to be able to connect with what’s out here,"said Vicki Proctor, Camp Services Director, GCC. "Part of Camp Fire is for the kids to give back to the community--to do service projects. We connected with Brent [Davis of GRDA] and here we are."
"This was a great opportunity to show the kids how they can help the environment," said Brent Davis, GRDA’s Fishery Coordinator. "We provided the pallets and the buckets and the kids did the work."
"It was sweaty work," said eight-year-old Jack Allen. "The water level is down there and it’s going to flow back up here, so we’re building homes for the little fish, so the big ones don’t eat them."
After a little rest and nourishment, Davis and Jeff Day, GRDA biologist, took the children on a nature hike. They pointed out the different kinds of trees. Day showed the kids fossils and mussel shells. They spotted birds and wildlife. They compared their fish shelters with those that other people had put it.
"We [GRDA] are excited that the public has gotten involved," said Davis. "There is a lot of shoreline exposed, there’s no way we could get to all of it. We want to thank the Oklahoma Pre Mini-Boat Association, Oklahoma Department of Wildlife Conservation, Rainbow Concrete, and all the other individuals that have taken time to get involved. The bass club [Mini-Boats] is building a new boat ramp with help from Rainbow Concrete. Every day I come out here, I notice something else [trees, stumps] that’s been done by the local anglers."
"It’s really great to see the interest the public has taken in this project," said Dr. Darrell Townsend, Ph.D., GRDA Director of Ecosystems. "The fish will really benefit from all these efforts, and we should see an improvement in the fishery here."
The water level has been lowered so the canal could be inspected and repaired. The GRDA Ecosystems Department took advantage of the accessibility to these areas and has been building new fish shelters to help protect the small fry.
"We already have trophy size bass--the state record was caught here last spring," said Brent Davis, GRDA’s Fishery Coordinator, "but we don’t have as many smaller fish as we’d like." He explained, "We have a limited spawn because of the fluctuation of the water, and since there is limited habitat [in the reservoir], we lose even more of the fry. So by adding places for the fry to hide, we hope more of them will make it to maturity."
Along with the manufactured structures, fallen trees and brush piles were also placed around the reservoir. GRDA’s Brush Crew worked on the Chimney Rock road and parking area on the south side of the reservoir to allow better access to the far side of the water.
"We really appreciate the help and feedback that we’ve been getting from the local fishermen," said Davis. "They are excited about our efforts. This is just part of GRDA’s plan to make the fisheries better and more productive in our lakes."
State record holder Karl R. Council reeled in the state’s biggest smallmouth bass out of Holway Reservoir on March 29, 2005. His trophy weighed 8 lbs. 1 oz. measuring 22 1/2 inches with a girth of 17.32 in.
GRDA began lowering the reservoir (commonly known as the "Pumpback") in early October so repairs to the concrete canal and earthen dike could be made at the request of the Federal Energy Regulatory Commission. The work required the water level to be dropped approximately 35 feet. The reservoir is scheduled to return to normal water levels in late January when work is completed.
The W.R. Holway Reservoir in Chimney Rock Hollow is a pristine reservoir created in the late 1960s by GRDA as part of the Salina Pumped Storage Project. To ensure a relaxing fishing experience, boats with internal-combustion engines are not allowed on the reservoir. The pumpback is unique because it’s water level fluctuates so much. During the hot part of the day (high energy usage) the six reversible pump/turbine units are used to generate electricity which lowers the water level as much as 15 feet. At night, the six 64,000-horsepower units are used to pump the water back up the hill into the reservoir. It is also one of the deepest lakes in the state, reaching depths of 180+ feet.
...from Tana Poppino, GRDA

Couple Sue City over Paved Road

Nearly a year and a half after Grove officials thought the matter had been settled, a Grove couple has filed suit against the city in District Court claiming that the city paved on their property without getting their permission.
Harold and Evelyn Lee who live near 68th street in Grove claim that the city paved a private roadway easement on their property and seek damages in excess of $10,000 and removal of the asphalt. They filed a Petition for Injunction Dec. 14 via their attorney, Robert C. Jenkins of Grove.
The paving occurred in 2004 and in July of that year the city offered to settle with the couple or even remove the paving material. "That was the last we heard," said City Manager Bill Galletly this week. "We never heard from them what it was that they wanted us to do about the asphalt," he added, "until the lawsuit was filed."
Galletly explained that there are four homes on property that was previously accessible only by an alleyway behind the homes and three of the home owners had requested paving a road in front of the homes. Surveyors were sent out and the roadway was drawn up on what was believed to be a city easement. It was later determined to be a private easement.
"Three of the homeowners are tickled to death with the road but the Lee's are obviously not," Galletly said.

Galletly Jury Trial Due in March

City Manager Bill Galletly appeared in District Court on Monday and learned from Judge Robert G. Haney that the state Court of Criminal Appeals had declined to hear an appeal at this time on charges of splitting of contracts, a misdemeanor. A motion to dismiss had been requested by Galletly's attorney, rejected by Judge Haney in October.
According to sources, the appeals court does not usually hear cases in advance of trial in lower court.
Next appearance date for Galletly is Jan. 6, when a trial date will be set.
Galletly's attorney, Jack Gordon, Jr., advised the judge that a jury trial will be requested and Haney said that it would probably be held the first or second week in March, after he hears felony cases.
Galletly was charged Aug. 19 by District Attorney Eddie Wyant for splitting of contracts on the "White Building Project" and "Grove City Hall Remodel Project" which occurred in late 2004 and early 2005, for purposes of avoiding the requirements of the Oklahoma Competitive Bidding Act of 1974.
Gordon maintains that the Act does not apply to city officials, as written in 1974 and amended in 1980, and therefore there is no punishment. Wyant maintains the crime is punishable by a fine of $1000 and one year in the county jail.
Some observers point out that the fine is less than the cost of a trial, to taxpayers.
Galletly was told to be at the courthouse in Jay on Aug. 19, 2005 on the bid splitting charges, just three days after he ordered work stopped on Cedar Oaks housing development along US Highway 59 in Grove, owned by Frank Hallacy, due to soil compaction problems. Some observers question the timing of the bid splitting charge.
Source of the dirt was at the Grove Municipal Airport and according to Hallacy's own deposition testimony when he sued Grove officials over the dirt issue, the dirt did not have enough clay in it to maintain the compaction required by the city.
GRDA has since shut down the project altogether stating that Hallacy had never applied for the required 404 permit as required by the Clean Water Act. Part of the property is in a 100-year floodplain and flowage easement of Grand Lake; Phase II was built on dirt dredged from Grand Lake at a cost of $400,000, according to Hallacy's testimony in the court case.
Some of the Cedar Oaks property has since been sold to a Neosho businessman.

Eyesore of the Month...at Third & Grand

This old building at the corner of Third & Grand is the first thing travelers see after passing City Hall. It has been vacant for as long as most people can remember and is a true blight on the community. Part of it has burned and the windows are boarded up.
According to the County Assessor's office, this property belongs to Peter M Crow, publisher of the Grove Sun Daily. It is on the books at $127,532.
Either he needs to remove it, or the city needs to condemn it and tear it down. It would make a nice parking lot for the increasing number of shoppers using downtown stores that have now taken the steps to improve their storefronts, unlike Mr. Crow. What say you, Mr. Crow?

ODOT Clarifies Highway 59 Widening

The five lane portion of the widening of Highway 59 from Sailboat Bridge into Grove will end at 21st Street, ODOT officials said this week. At that point it will begin three lanes through the Leisure Road intersection, which will be repainted and the string lights will be replaced with pole mounted lights.
More than one resident had expressed the thought that the five lanes would come to Leisure Road, but ODOT cleared up the issue this week. The 21st Street location is near Arrowhead Boat Sales' lot. The proposed 16th Street Bypass will feed from the three lane portion quite nicely, one local observer noted.

The Canine Corner...by Missy MacTavish

I am sure glad I live in Grove, Ok. and not in New York City.
The television is showing pictures of a giant monkey that is loose and climbing skyscrapers in New York City, batting away airplanes and helicopters and saying sweet things to the young New York lovelies.
We won't have that happen here in Grove, Ok. because we don't have any tall buildings. The giant monkey wouldn't look good on the local water tower. Come to think of it, we don't have many young lovelies here either. I think they all leave when they get out of high school.
The other reason I would not live in New York City is that they are now having everybody walk to work across a big bridge. The local train drivers have gone on strike for better benefits. By the time these people get to work, it is time to start back home again.
We don't have to worry here in Grove, Ok; we have no trains.
I am all for better benefits though, including more treats, naps, softer bed, long walks, and playtime. I won't go on strike, although I guess I could hold a sit-down strike which wouldn't be too difficult.
Now, for the good news: The days are getting longer now as Dec. 21 was the shortest day of the year. Can't wait for Spring.
Until next time…Miss Missy MacTavish.

Brass Ensemble Performs for Rotary

Grove High School's Brass Ensemble performed for the Grove Rotary Club at this weeks' meeting, playing a selection of Christmas music, under the direction of Joe Wilhelm, Band Director.
The group will travel to Boston and New York City in the Spring and is in process of raising money for the tour.