Council Meeting Heats Up Over Airport Issue

This week's Grove City Council meeting had all the elements of high drama: Threats of lawsuits against councilors, grandstanding for the audience, chewing out of two councilors, a recalcitrant microphone, noise from an adjacent meeting room, and lots of legalese.
The larger than normal audience, brought out by Agenda items relating to the Airport Trust Authority, forced a change in meeting place from the normal Room 5 at the Community Center. To avoid any future legal problems, the Council first convened in the smaller room for the Call to Order, the Invocation, and the Pledge of Allegiance, then recessed and reconvened across the hall into the larger room which is acoustically challenged. One man, running into the smaller room, was overheard to say "I'm going to keep them honest."
At issue was an agenda item relating to termination of the acceptance of the City of Grove effective upon the winding up of the airport trust authority and further terminating the lease between the city and Trustees of the airport managing authority in existence since March 2, 1976.
Councilman Terry Ryan said the issue of transferring title to property owned by the Airport Authority to the City had been ongoing for two years and the purpose of doing so was to remove the property from risk of tort claims and lawsuits, something that had been recommended by the Oklahoma Aeronautics Commission and a CPA audit of the city.
"This is a cut and dried issue, good for the city; it eliminates risk of losing the property in a lawsuit," Ryan said.
A written request by City Manager Bill Galletly to the airport board in December resulted in no action being taken by the authority. The board then decided to request a letter from the Council requesting transfer of the property, which was hand delivered Wednesday afternoon to a special meeting of the board. (see related story)
At the Tuesday council meeting, attorney for the authority Donna Smith said "we do not believe this council can do what it proposes to do."
Larry Heston, owner of KGVE Radio, got into a lengthy exchange with city attorney Ron Cates over legal issues in case of a lawsuit and the future of the trust.
"The City of Grove is not abolishing the trust, the trust goes on. The City no longer wishes to be the beneficiary of the trust. The trust is not dissolved, it continues, and the lease agreement with the city is terminated once the debt is paid off," Cates said. Heston cited a two year old letter written by the city manager to the city attorney which he said was about "breaking the trust" and said if there is a successful lawsuit brought against either the city or airport and the damage amount exceeds the insurance coverage, property owners will have to pay it through their ad valorum taxes for three years. Cates called his assumption "incorrect."
One member of the audience, Troy Kyman, said the issue over ownership was "poppycock" and "an attack on the aviation industry, property owners and businesses in Grove."
Councilman Larry Parham said "if this is just about the land why can't we solve this; is there an underlying issue here?" he asked.
Trustee Bryant Chestnutt said "we have done nothing to break the lease and trustees have always complied with rules of the trust." When asked if he would vote to transfer the property to the city he said "if I thought it was for the right reasons I would have no problem with conveying title to the land, but this action as presented is not for the right reasons. The reason is to break the trust, an action which is subject to legal action against those councilmen who vote for it."
"Are you threatening us?" asked Mayor Carolyn Nuckolls. "Sounds like a threat to me," said Councilman Dave Helms.
Airport board trustee David Adzigian spoke, accusing two councilmen of "badgering" board member Chestnutt, when they asked if Chestnutt would vote to transfer the property if requested in writing by the Council.
Councilman Bishop said "if this issue causes this much division, then we need to pull back," which was met with a round of applause from the large audience.
The issue finally ended after an hour's discussion with a motion by the Mayor to table the issue and send a letter to the Airport Board requesting transfer of the land. (see related story) The motion passed 3-2 with Councilors Bishop and Parham voting against it.

In other council action:
--Council voted to approve re-platting of 13 lots into 8 lots at Lighthouse Springs with the proviso that the developer install a fire hydrant to serve the homes. The motion was made by Mayor Nuckolls and passed 5-0. Previously, the Planning & Zoning Board had ignored a homeowner plea to require the developer to install a hydrant.
--Approved re-zoning of property at 11th and Grand from Single Family Residential to Multiple Family Residential for construction of apartment units catering to the over 55 market. Henry Van Dam said "we have people wanting to live in an upscale facility who are not ready to own a home." Mayor Nuckolls said she had concerns about the project and made a motion to table the item, which was rejected by a 3-2 vote. Several persons pointed out that opponents had considerable time to stand up in a meeting and give reasons for opposing the project, and none had appeared and there was no point in delaying the matter any longer.
A motion to pass the re-zoning was approved on a 3-2 vote with Dave Helms and the Mayor voting nay.
--Approved replatting of lots 3-11 in the Teel Addition, the location of a new Walgreen's at 13th and Main. Vote was 5-0.
--Approved spending $17,600 for phase one of a study by MKEC Engineering Consultants of Wichita, KS. regarding future long term cemetery locations for the city. The issue passed 4-1 with Larry Parham voting nay.