Editorial...A Possible Solution to the Airport Dispute

The issue of transferring title on lands from the Grove Airport trust authority to the City has blossomed into a full blown donnybrook. The Airport board is passionate about keeping title to the land in its name; the city is equally driven to transfer the title to the land to the City, to protect the land from seizure in case of a lawsuit.

Victor Bird, Chairman of the Oklahoma Aeronautics Commission, told The Observer Thursday that a possible solution is to title the land under both entities.

"We have a duty to protect the investment made in the airport by both the Federal and State governments and it is absolutely necessary that the public entity, the City of Grove in this case, have an interest in the land. This could be accomplished, I believe, with both the city and airport trust authority holding title to the airport land," Bird said.

"The necessity for the city holding title or partial title to the land is illustrated in the Grand Lake Regional Airport litigation and it is my opinion, reaffirmed by the attorney general, that the public entity have an interest to protect the land. There is $600,000 in state money invested in that airport and $800,000 in Federal money and yet the public entity, in this case the County, has no legal title to the land and it is now basically owned by the airport manager, Paul Staten."

Bird said he would send a letter this week to both Mayor Nuckolls and the Airport Trust Authority Chairman emphasizing the importance of a government entity holding title to airport property. If the issue is solely to protect the land from seizure as a result of a lawsuit, and not about "breaking the trust," then joint title might solve the problem.

What Bird cannot solve are the other underlying issues in the dispute between the airport board and the city…outside influences attempting to have the City Manager's employment terminated, petty politics, power plays, jealousy, controlling people, allegiance to one group or another…
But perhaps his suggestion for a joint title should be considered. And, perhaps a joint meeting of the airport board and council could be convened, after declaring a 30-day cooling off period, to discuss a solution.

Otherwise, the attorneys will be the winners and the public will be the loser. Most certainly the matter will end up in court and be dragged out for two or more years, just as in the Grand Lake Regional Airport situation. In '03'-'04 the airport board paid out $15,483 in legal fees when this issue first arose. A protracted court action could bankrupt the airport trust this time.

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.

Airport Board Holds Meeting in Response

A letter from Mayor Carolyn Nuckolls to the Grove Municipal Airport Managing Authority was hand delivered to board members Wednesday afternoon during their special meeting.
Another special meeting of the board was set for 1 p.m. Monday Feb. 6, the day prior to the next Council meeting, to discuss their response to the letter.
The meeting Wednesday had been called earlier to react to possible passage of consideration of terminating the city's beneficial interest in the airport authority, termination of the lease agreement, and withholding budgeted funds necessary for the operation of the airport. However, Council voted 3-2 Tuesday night to table the issues.
It appeared that had Council passed the agenda items, the airport authority was set to immediately file a temporary restraining order and temporary injunction against the city.
The airport board's attorney, Dave Jones, said "my conclusion is this Trust cannot be revoked or amended without approval from Trustees; it is a stretch for the city to withdraw their beneficial interest. We avoided having to file a Temporary Restraining Order today," he said.
Board members said they had not previously authorized legal action but had called the special meeting to consider what action to take. They then discussed at length, consideration of pre-authorizing their attorneys to take legal action pending what took place at the next Council meeting.
However, City Manager Bill Galletly, who was in attendance, advised them to "not send messages we don't want to send. I give you my word in front of these people here that I will take no action immediately if the council votes to terminate the lease, you will have an opportunity to meet and discuss your next action."

Mayor Nuckolls letter to the airport board dated Jan. 18, 2006, said:
"For the last several months the City has been asking the Authority to transfer the title to land held by the Authority, to the City of Grove. The reason for this request is two-fold. "First, these lands were bought with grant funds given to the City for the purpose of acquiring lands for the airport. These lands are managed under the lease. Therefore the Authority's ability to control and manage the use of these lands is not diminished.
"Second, there is the question of liability. As you are aware, land in the name of the authority is subject to taking should the authority loose (sic) a judgment. Land held in the name of the City is not subject to lose (sic). This step will protect the assets of the public.
"Your positive response to this request will be appreciated. Please address this at your earliest opportunity.
" Respectfully, Carolyn Nuckolls, Mayor, City of Grove."

GMSA Takes Up Fire Hydrant Issue

The Grove Municipal Services Authority trustees took up the issue of lack of fire hydrants at Patricia Island and Lighthouse Springs developments and agreed that the issue should be resolved "at the earliest convenience."
Bob Daggett, a Patricia Island resident and Chairman of Rural Water District #9, made a presentation showing locations of four installed hydrants, and future locations of another 10 hydrants, telling board members that there is as much as 2080 feet between homes and hydrants.
Grove adopted the International Fire Code on Nov. 1, 2005 which requires no more than 500 feet between homes and hydrants.
Chairman Pete Churchwell said "we have four stakeholders involved: the developer, the water district, the city, and the homeowners."
City Manager Bill Galletly said the GMSA could assist with $10,000, about half the required money needed, but said the GMSA staff is going to be busy with the alley work behind the Grove Sun Daily and would have no time to install the hydrants. Galletly said he would talk with the developer and get back "shortly." The Board agreed to put in motion action of the staff to meet with the water district and developer and get back to GMSA "at their earliest convenience."

Rick Smith of Municipal Finance Services, Edmond, made a presentation on analysis of current refunding of 1996 utility revenue bonds to take advantage of current low interest rates, saving two years of payments on the bonds which mature in 2021. He presented two options to reduce debt service on these bonds; option 1 would save $38,000 per year over the next 13 years; Option 2 would take all the savings, $318,000, up front the first year of refinancing. GMSA Board members instructed Smith to use Option 2 and prepare a package for bank review by the next GMSA meeting scheduled for Feb. 7. The motion passed 5-0.

A bid from Ronald Briscoe of Quapaw was accepted, for value of the salvage only, to demolish the abandoned sewer plant, old water plant, and fixtures. All structures will be removed down to ground level with a clean, mowable site at no cost.

The Board also approved using a variety of fire hydrant equipment brands rather than be restricted to the Mueller Brand, whose price has gone up 34% since GMSA adopted this brand in 1997. Other brands approved were American Darling, M&H, or approved equal.

It was reported that ODOT will approve the city to go to bid in February with March openings, on the Highway 59 utility relocations project to Sailboat Bridge.

GIDA Meets on Transfer of Property

The Grove Industrial Development Authority voted to table transferring property to the city at this week's meeting, and instructed city staff to provide a report on property owned, along with indebtedness, for the February meeting. Board member Bob Henkle reported that there is debt on two properties, the city has pledged assets on a loan, and the city use tax is pledged to the Civic Center.

The board also discussed a possible tenant for the Grove Industrial Park but decided more information was needed before a decision could be made. City Manager Bill Galletly said he felt it was not in Grove's best interest to build a building and lease it for 20 years for this particular tenant. The board agreed but requested more information on the tenant.

The Canine Corner...by Missy MacTavish

Well, really bad news this week. My friend Sailor down the street is going on vacation with her parents to snow ski someplace between here and where Santa Claus lives.
I really like snow. I like to run in it and stuff my nose in it. But it is really tough around here this year. I haven't seen anything wet in months, except for the bathtub.
To make things worse, I have heard my Mom and Dad talking and it appears that I am not going on vacation with them, but instead, to JAIL!
This is really frustrating because I really hate that place. Nothing but a bunch of barking dogs.
They take me out in the exercise yard twice a day, just like real prisoners. I get to eat my normal meals but there is no place like home. My parents don't trust me to stay home alone while they go off to some exotic location in the tropics.
I heard again from my friend Champ Miller in Florida who is playing in the sand on the beach.
Perfect.
Is there anyone out there who will adopt me so I don't have to go to jail and can go on vacation like my friends?
Until next time...Miss Missy.

Around the Lake...

DirecTV recently launched four new satellites with another two coming up shortly and has activitated local channels in some 25 markets to High Definition service...but not Tulsa. The new service requires a quintuple LNB square dish and new receiver equipment. Currently, the only way to receive HD network signals are via rooftop antenna pointed at Tulsa plus the usual HD receiver connected to the TV. DirecTV plans to have 150 HD channels later this year... This year's Bad Timing Award goes to GRDA, for announcing a rate increase the same week as news of their Hooters OKC office came out, rent at $4,000 a month and $27,000 in finish out costs, and counting...

This Week's Restaurant Review...

By Sam L. Smithers
Chief Restaurant Reviewer

Ask anybody in Claremore where's a good place to eat and they will tell you about the Hammett House, just down the hill from the Will Rogers Memorial.
Any restaurant that has real linen napkins and tablecloths, with nice silverware, is good for me, especially if the service is carried out by people who know how to serve.
And then there is the food itself. All sorts of good items.
We had the pan fried codfish and fries, known as "fish and chips" in the Kingdom, and these were tender, cooked just right, not loaded with oil. It was more than we could eat, accompanied by green beans and a big hot roll made fresh.
There is also a raft of hamburgers, sandwiches, soups, and main course items that cover just about every palate. And those homemade pies? About six inches tall. We had the Lemon Pecan
pie. People were ordering entire pies to take home, especially the strawberry pie.
Hammett House is open Tuesday thru Sunday from 11 a.m. to 9 p.m. at 1616 W Will Rogers Blvd. It's a nice drive down Route 66. And while you are there, visit the Belvidere Mansion, built in 1907 by John and Mary Bayless, a 3-story Victorian Mansion with four turret towers. The Rogers County Historical Society is restoring the home.