Grand Jury Petition Filed on City Officials

A petition to impanel a Grand Jury was filed Wednesday by Earl D. Barnes of Grove and his attorney, Todd G. Tucker of Tulsa, seeking a determination by a District Judge of the sufficiency of the petition. Just a few hours later, Judge Robert Haney signed the order stating the petition was sufficient.

Circulators of the petition now have 45 days to obtain sufficient signatures to authorize the entry of an order impaneling a grand jury. The grand jury itself could then be impaneled within 30 days of the certification, according to the Oklahoma Constitution.

The petition seeks inquiry into an alleged "systematic pattern of continuous conduct" by City Manager Bill Galletly regarding violations of the Oklahoma Meetings Act, Open Record Act, Public Competitive Bidding Act, the Grove City Bidding Ordinance, and violations of the U.S. Constitution.

The petition also seeks the disqualification of the entire Delaware and Ottawa County District Attorney's Office from acting as legal advisor to the grand jury, should it be convened, due to the District Attorney's failure to prosecute any of the alleged violators.

It also seeks an order and inquiry leading to information which if true, "would warrant a true bill of indictment and writ of ouster for City Councilor Nuckolls and City Councilor Helms."

Listed as evidence in the petition were alleged violations of the Oklahoma Open Meeting Act by Galletly; specifically,
--by taking James Dill of Vector Securities into the GIDA executive session on July 6, 2005.
--by commencing construction in June 2005 of a natural gas line extension to the White Building, aka Rocket Gaming, as manager of GMSA without approval from the GMSA Board and without being listed on any agenda or a vote being recorded by the GMSA Board.
--failure to properly list on the City Council agenda the purchase of an easement from the Gray Living Trust, on July 5, 2005.
--violations of the Competitive Bidding Act of 1974 in the remodeling of Grove City Offices; extensions of sewer and gas lines; ongoing and continual violation of Grove City Ordinance and state statutes requiring bidding for all purchases over $5,000.00;
--violation of the constitutional rights of Delaware County Citizens Earl Barnes, David E. Shero, Jack Smith and Gary Metcalf;
--Councilors Nuckolls and Helms "failed to supervise as per their oath of office they took."
--Councilors Nuckolls and Helms "harassed and voted to not reappoint a board member that reported their illegal GIDA meetings to the public."

The petition also requests investigations into "all character and grades of crime which the grand jury desires to inquire into", according to the petition.

Last Fall charges of bid splitting and violations of the Oklahoma Public Competitive Bidding Act were filed against Galletly. His jury trial in District Court in Jay has been set for March 13.

Council Terminates Lease With Airport Authority

The Grove City Council voted to terminate the lease between the city and the Grove Municipal Airport Managing Authority and withhold future expenditures of budgeted funds to the authority.

The action was taken Tuesday night at the regular meeting in front of an overflow crowd at City Hall. The vote was 3-2 with Councilors Bishop and Parham voting nay, following a spirited two hour discussion.

Cutoff of funding came about due to fears the authority would use city money to sue the city as a result of the action. Upon satisfaction of the current airport debt of $89,000 the airport lease with the authority will be terminated, said city officials. The operation of the airport will not change, said City Manager Bill Galletly "and the authority will continue to run the airport."

Previous requests to the authority to transfer all real property to be titled under the City of Grove, for protection in case of a judgment against the authority, had failed. At a special meeting of the authority on Monday, the airport board voted 3-0 with two abstentions, to title non airside property on a 50/50 basis with the city, and turn over all airside property including the runway extension area, to the city at 100%.

City Attorney Ron Cates said that under the authority's proposal only 50% of the property would be protected from a judgment. "Fifty per cent would still be at risk,' he said.
Some 13 tracts of land will now go to the city, he said.

"This process we begin tonight will end up in Jay Oklahoma in Court," said Councilman Terry Ryan, "and if that is what it takes we have no other recourse."
Councilman Gary Bishop, who voted against the transfer, said "I can't understand taking such action and breaking the trust." Councilman Larry Parham said "we would all like to reduce risk, but risk will never go completely away." Parham, a pilot and airport user, also voted against the measure.

Former Councilman and current airport board member David Adzigian said "it would be imprudent to take action tonight based on the jury still being out on the issue of 50%," although he had voted at Monday's airport board meeting to abstain. He had said the issue boiled down to two issues…the risk of loss of titled assets in a lawsuit, and upholding "our fudiciary responsibilities."

Previously, attorney Donna Smith for the airport authority had said "we do not believe you can do what you propose to do." Clearly, this issue is headed for court as the two sides continue to differ.
Next meeting of the airport authority is 1 p.m. Monday, Feb. 13 at City Hall.

In other action, the Council:

--tabled a decision on a request to rename Highway 59 North from Sailboat Bridge to Leisure Lane to "Freedom Blvd," presented by Grove businessman Rick Howard, until further consideration of the name as it relates to Grove as a lakefront community could be accomplished.
--approved refinancing of a GMSA 1996 bond issue, taking two years off the note, saving $400,000 in interest payments, and lowering the interest rate to 4.10%.
--awarded Longan Construction Company of Grove as low bidder on asphalt for the second half of the fiscal year.
--accepted a REAP grant in the amount of $44,690 for paving the parking lot at All State Tank, approved by Grand Gateway on Jan. 18, 2006.
--approved engineering work for design of the storm drain at Third & Main so that the corner can be included in LandPlan's work.
--approved $11,985 to finish out retaining walls at 18th and Main on three corners.
--appointed City Manager Bill Galletly as the city's representative to the Grand Gateway Board of Directors for 2006.
--approved $9,000 for a restroom at the Grove Rotary Park Project, noting that Rotary has previously donated $180,000 and still needs $18, 606 to finish the project. Rotary is to donate the remaining monies.

An Editorial...Oh Zena, Where Art Thou?

If anyone thought they were moving from places like California and Nevada to Grove in order to escape controversies, they should think again.

Zena is beginning to look better every day.

On Wednesday Grove Resident Earl D. Barnes filed a petition in District Court to impanel a grand jury. The Court had four days to rule on the petition and guess what…Judge Haney signed the order stating the petition was sufficient, THE SAME DAY! Circulators of the petition now have 45 days to obtain sufficient signatures to warrant impaneling a grand jury. We have a feeling those signatures are already put on paper.

Note: Judge Haney is the same judge that will hear the bid splitting case filed against City Manager Bill Galletly on March 13. Do we get a discount?

The call for a grand jury has one purpose…to rid the city of its manager, and maybe take out two city councilors with him.

But much of the material in the petition for a grand jury is dirt which has been plowed before and rejected by the District Attorney as insufficient to warrant filing charges. And just to make sure the D.A. noticed, the petition whacked him upside the head with a 2x4 by seeking disqualification of the entire D.A.'s office from acting as legal advisor to the grand jury.

Several of the charges contained in the petition we find supercilious. To ask for the removal of two councilors just because they didn't vote the way you wanted them to, for example, or "failure to supervise."

The thing about Grand Juries is that they can look at "other stuff" in addition to what is in the petition. Maybe they will go back 18 years into Grove's good old boy past as well.

It has been a busy week at City Hall. Our city manager has been giving depositions in the lawsuit against the city by former EMS director Gary Metcalf; the airport board has been told its' airport lease has been terminated and no more funds will be given by the city to the authority, something that is sure to bring out another lawsuit; and the city manager has been preparing for his bid-splitting trial March 13 and another one of Earl Shero's lawsuits possibly in April.

Makes one wonder why we didn't go to law school after all.

There is a solution to all of this mess…it is called The Ballot Box. New residents of Grove would do well to see that they understand what is going on here and prepare for the next election.

Fire Hydrant Issue Unresolved

Lack of fire hydrants at Patricia Island and Lighthouse Springs developments was again a hot topic at this week's Grove Municipal Services Authority meeting, with no action being taken.

A previous plan submitted to the authority was shelved after a Jan. 31 meeting between GMSA Chairman Pete Churchwell, City Manager Bill Galletly, Rural Water District #9 chairman John Gillette, Kent Stewart, developer of Patricia Island Estates, Don VanHouser, developer of Lighthouse Springs, and Debbie Mavity, assistant city manager.
Rural Water District #9 agreed to install at least one additional hydrant; Don VanHouser of Lighthouse Springs agreed to pay for one-half of a hydrant; Kent Stewart again stated he would need to "consult with his partners" and get back to the group.

City Manager Bill Galletly had previously agreed to pay for 10 hydrants, but not for installation, which has now shrunk to one hydrant and the homeowners at Patricia Island would need to pay for two hydrants. Some homes are as far as 2,800 feet from the nearest hydrant, although the city fire code requires 500 feet.

Chairman Pete Churchwell promised the group of homeowners in attendance that "we will work on it and we will get some hydrants out there."

The Canine Corner...By Missy MacTavish

Those dratted Zebras showed up at the most important football game of the year, which this year was the Non Super Bowl. I have seen my share of dog calls but these took the cake. I think next year they should change the rules and eliminate zebras altogether.
The players can be honest and call penalties on themselves, just like golfers do.
Imagine the big 280 pound brute getting up after dropping the ball and admitting "Oops, I dropped the ball and it is a no catch."
Or, "I slugged the left tackle in the face and I'm calling a 15 yarder on myself."
Or, "I was looking at the really hot cheerleader on the sidelines and sliced the kickoff out of bounds and that's a 15 yarder on me."
Just a suggestion…
Anyhoo, the big game was ruined this year and Seattle would have won if not for the zebra calls.
On another subject, thanks to those Grovidians who got their cars washed last week and made it rain. We need to do it again.
Until next time, Miss Missy.

Grove Red Hatter Meets Grove Entertainer

Carla Mills, Queen Mother of the Red H0t Flames of Monkey Island, had just attended a Red Hat Tea on board the Grand Princess, a 2600 passenger ship in the Western Caribbean, when she ran into Doug Anderson of Grove, who performs on cruise ships and is featured on the Grand Princess sailing out of Galveston. Anderson is a comedy-magician and is the husband of local entertainer Patti Beth Anderson.

Playmaker Auditions Scheduled

Auditions for two Playmaker productions are now scheduled. “Snake In The Grass,” a mystery by Alan Ayckbourn will be directed by Sandy McCabe. The cast is three women, of approximately the same age. If you are interested in auditioning, or working with lights or backstage, leave a message for Ms. McCabe at 786-8950. Performances are April 21-30, 2006.
Next fall’s youth theatre production is a musical version of Aesop’s Fables, titled “Don’t Count Your Chickens Until They Cry Wolf” commissioned by Robert Redford for the Sundance Institute. It will be directed by Suzanne Boles. Auditions are scheduled for June 16; time and place yet to be determined. Music rehearsals will begin soon after casting, with regular staging and script rehearsals mid-July. The production is scheduled for mid-September. The cast can range from 8 to 20 people, 6 years old to adult. For further information, leave a message for Ms. Boles at The Playmakers, 786-8950.

Over 50 Youth Club to Meet at YMCA

If you’re an active older adult, grab your friends and plan to attend happy Hearts Day Treats & Coffee Social” at the Grand Lake Family YMCA onTuesday Feb. 14 from 10:30 to 11:30 a.m.
This free event is intended to entertain and educate people 50 years young and above. Everyone is invited to bring a special treat to share with others.
Those attending will also receive important information on heart health.
The Grand Lake Family is located in the old library building at 206 Elk St. in Grove.
For more information, contact your Family YMCA in Grove at 918-786-5774.

Around the Lake...

The Home & Garden Show opens this Friday at the Grove Civic Center, sponsored by the Grove Area Chamber of Commerce and the Greater Grand Lake Home Builders Association. Show hours are 3-7 Friday; 10-6 Saturday and 11-3 Sunday...those fine folks at Charter Cable are raising prices again; rates on the high speed internet products will increase $5.00 per month on the lowest speed service, and $3.00 per month on the highest speed service, as well as increases on analog cable service from $40.95 per month to $42.45 per month. Customers will be advised in their March statements...

Illegal Bathtubs Removed from Lake Hudson

Lake Hudson — It is no secret that lack of rains and inflows into the Grand River system worked to keep both Grand Lake and Lake Hudson below normal elevations most of the last six months. As of press time, there had not been a "significant" rainfall in the Grand River watershed since October 2005.
However, the lack of rains and lower lake levels did help to reveal a few secrets beneath the waters of Lake Hudson. Bathtubs, along with old tractor tires, plastic barrels and other makeshift "fish houses" were located and pulled from the lake in mid January.
The bathtub "roundup" was team effort involving the Grand River Dam Authority’s Lake Patrol and Ecosystems Management Departments and game wardens and fisheries department personnel from the Oklahoma Department of Wildlife Conservation.
On a cold and gray Friday morning on the shores of Lake Hudson, they used trucks, pickups and trailers, at least one ATV and a lot of elbow grease to pull the tubs and tires from the mud. By the end of the roundup, GRDA Lake Patrol Chief Bruce Smith estimated at least 75 bathtubs — put in place for "noodlers" to catch flathead catfish — were now bound for the scrap heap.
So, why bathtubs? "They cut a hole in one end of the barrel or bathtub and then place it upside down in the mud," said Smith. "The flatheads then swim in there and nest. Later on, whoever put the tub in the water will come back and stick their hand in there for the fish to bite. Then they’ll pull them out."
And According to GRDA Superintendent of Ecosystems Management Dr. Darrell Townsend, Ph.D., the "trapping" of flatheads is the main issue. "Actually, these bathtubs make a great habitat for flathead to spawn in," he said Townsend, "but there’s not a lot of sport involved to noodling fish this way. That is really the main reason they are illegal."
Flatheads, which may grow to as much as 50 pounds, are predator fish and prefer to catch their food alive. Thus a noodler’s arm inside a bathtub is irresistible to the fish. "The old saying ‘fish in a barrel’ definitely applies to this illegal method," said GRDA Fishery Coordinator Brent Davis, adding that "there are other, more sporting ways to catch flatheads, and many fishermen are having success with these methods."
"Together with the ODWC, we’re just encouraging all fishermen to play by the rules when they visit GRDA lakes."
With five trailer-loads of bathtubs and tires collected — on the first day alone — it was apparent the fish houses were quite popular. According to Smith, items were collected near the Lake Hudson horseshoe bend area, in the mouth of Spavinaw Creek, at the back of Wolf Creek and in other mud flat areas.

In Photo: GRDA Lake Patrolman Steve Henry (left) and GRDA Ecosystems Compliance Officer Charlie Floyd load one of the illegal bathtub "fish houses" removed from Lake Hudson mudlfats in mid January. A total of 75 bathtubs were removed from the lake by GRDA and officials with the Oklahoma Department of Wildlife Conservation.