City Says Bank, Airport Refuse Information Request

Grand Savings Bank is refusing to give out details of the Grove Municipal Airport Note amendment to the city, according to a memo from Lisa Allread, City Treasurer, released Friday.
Efforts to reach Mark Londagin, bank president, were unsuccessful; however bank vice president Mike Blecha said Londagin had talked with the bank attorney and had instructed employees not to discuss the issue.
Terri Abercrombie, manager of the airport, said their attorney David Jones had written the bank instructing them to not accept early payoff of the loan, as voted by the airport board last Monday.
Abercrombie said the board modified the loan about a year and a half ago and lowered the interest rate from 6.0% to 4.5% with no change in payments and no refinancing. The maturity date of 2012 should change if the principal is applied to the note, she said.
Debbie Mavity, assistant city manager, went to the airport Friday seeking a copy of the letter from David Jones to the bank but was denied the letter, she said. City officials and the city attorney were in meetings late Friday seeking a legal opinion on the withholding of information from the bank as a possible violation of the Open Records Act since the city's tax ID number is on the loan document.
Efforts by city manager Bill Galletly to have another meeting on a compromise settlement this week were rebuffed by the airport board, he said Friday. "My phone calls were not returned," he said.
The issue is over transfer of property from the trust authority to the city, and early payoff of the $83,000 note by the city, which is in the trust authority's name.
Abercrombie said the note details are already at city hall, "they have a copy of it."

News Analysis...Airport Bickering Continues

It is clear that three members of the Grove Municipal Airport Authority Board would rather fight than solve the current dispute over transferring title of airport property to the city, where it would be safe in case of a lawsuit against the authority.
At Monday's regular meeting of the Airport Board, the board voted 3-2 in favor of authorizing their attorney to file a declaratory judgment against the city "if deemed necessary," and ask Grand Savings Bank to reject full payment by the city of the $89,000 still owed on a note maturing in 2012. Payoff of the note is said to be necessary in order to transfer title of lands to the city.
Even the Board's attorney, David Jones, urged the board not to "pre-authorize" action but wait and see what happens at the next city council meeting. "At this time, we have not been asked to do anything by the city," he said. "All I know is what I have read in the newspaper."
Members voting for the legal action were Gary Trippensee, Bryant Chestnutt, and Max Schuermann, while David Adzigian and Harry Halterman voted nay.
Attending the meeting was like watching two prize fighters engaged in a battle with both knocking the other out, leaving the audience to pick up the mess.
After much posturing, a possible compromise was offered by Chestnutt but it had to be pulled out of him like a tooth, transferring all property to the city except for one parcel which would be titled jointly between the city and authority; lease agreements would not be changed, and trustees would not tolerate interference by the beneficiary (the city). But this was not allowed to be put into a motion "until we see what the response of the city council is to our motion regarding possible legal action."
Mayor Carolyn Nuckolls and City Manager Bill Galletly were both present at the meeting and took considerable heat. Galletly urged the board to not "rush to judgment…you are telling the council we are ready to go to war. We can work through this maze."
Nuckolls said "I'm willing to work out a compromise over joint ownership" and added that Galletly was not the one that put the item on the agenda at last council meeting dealing with breaking the trust…"it was a council member that told Mr. Galletly to put it on the agenda."
David Adzigian said "it does not make sense to perpetuate a fight if one is not necessary."
Halterman told the group that since being appointed to the board two years ago he had heard nothing but "bad things about our council and city manager from several airport board members, who have thumbed their nose at the city and acted like a bunch of kids and done nothing but talk, talk, talk." He added that he would not resign from the board.
Mayor Nuckolls agreed to put the joint ownership 50/50 proposal on the agenda for the next council meeting Feb. 21.
Board members were resentful that the city had placed a newspaper ad for an "airport manager" only hours after the last council meeting, after the city manager had stated that that "personnel and operations at the airport would remain the same, regardless of the status of the lease or the trust authority."
Nearly every agenda item posted for the meeting was tabled as the board pled "confusion" over the authority's status. However, attorney Jones said that until he hears otherwise, it is still business as usual at the airport. The board ignored him.
Galletly told the board members that the city would continue to pay for budgeted items for the normal operation of the airport and "bills that we pay directly to vendors will continue to be paid, but we will not cut a check to the airport authority for reimbursements."
Troy Kyman, an airport user, in a two-page statement, said his company would pay for sending delegates to the OAOA Conference March 12-14 in Oklahoma City, since the city would not. Kyman told the group he was there "to support the daunting task of saving the airport trust." He said "the city manager and council should be working to attract businesses to the industrial park rather than destroy what has been proven progress at the airport."
"Any deals Bill Galletly has made are hollow and should not be taken seriously…Galletly is talking out of both sides of the mouth depending on his audience at the time and cannot be trusted. Beware of the smoke screen politics. It is your obligation and duty to protect our airport and investment," Kyman said.
Not once did he mention the real issue…protection of the assets of the airport.
It was clear that some members of the airport community do not want any compromise and have influenced several board members into resisting it. It is also clear that the board majority will use the controversy to cause deliberate paralysis at the airport, despite Galletly telling them that "you are still in business."
Attorney Jones said the lease cannot be terminated unless the $89,000 debt is paid off.
"If the city does send a termination notice, the board can not recognize it and the city will go for forcible entry and detainer and the airport can default; or the authority could file declaratory judgment and ask in court if the city can terminate the lease. In one case we will be the defendant, in the other, the plaintiff."
There is still room for settlement on the issue, if both the council and authority will revisit the issue on a compromise offer of 50/50 ownership, backed by the Oklahoma Aviation Commission.
The vast majority of citizens would probably vote for a compromise settlement without spending a lot of money on attorneys. But this vast majority stays away from controversial meetings, in droves, and is largely unheard.
In order to understand the controversy, the following true or false test may be helpful:
1. The Airport Board believes the real reason for transferring property is to "break the trust." Without property, the trust is just a shell.
2. The City of Grove wants to change airport managers.
3. The City of Grove only wants to protect the assets of the airport and title them in the city's name.
4. The Airport Board sees the matter as a "loss of power."
5. The Airport Board and aviation users at the airport want to control the city, including replacing the city manager and council.
6. The Airport Board and aviation users are a "private club of aviators supported by the taxpayers of Grove" who see themselves as the tail wagging the dog.
7. Two current council members were elected in 2005 with the support of the airport users group. They almost always vote in tandem.
8. Loss of the Grand Lake Regional Airport on Monkey Island to a private citizen is what started the "risk" matter. It was not a catastrophic accident, but "lawyering" that broke the MIDA trust.
If you answered "True" to most of these questions you probably have a good understanding of the issue. Hopefully it can still be resolved without resorting to lawsuits which will drag out for a couple of years.

City Funds Keep Airport in the Black

Without city funding, the Grove Municipal Airport Authority would be operating in the red, according to city hall records.
Records show that in fiscal year '04'-05 the airport spent $157,636 on operations including $4,147 in legal fees, and received $42,054 in city funding for utilities, supplies, training, and contract services/leases. Had the airport paid the expenses that were paid by the city, the airport would have lost $26,469 instead of being in the black $15,585, or about 9% profit.
Most of the revenue at the airport comes from rentals of the T Hangers and fuel sales. Revenues for T Hanger rentals in FY '04-'05 totaled $37,309 with fuel sales of $134,000 at a cost of $87,000.
Total revenues for that period were $173,222, ending June 30, 2005, with total expenses of $157,636, records show. The airport made about $47,000 profit on fuel sales last fiscal year.
This FY year through Jan. 31 the city has contributed $16,567 to the airport operations on airport expenditures of $148,454 and revenues of $163,865, according to the records. This revenue includes a $24,793 cash balance forward that the airport authority did not budget, said city officials.
Fuel costs this FY to date have been $106,131 on sales of $105,868. A recent fuel purchase in January is the reason for the upside/down number on fuel.
Profit this FY to date is $15,410 with the city contributing $16,657 in airport related expenses. Budgeted this FY from the city is a total of $44,898 compared with $42,062 last year.
Budgeted expense by the airport for this FY is $187,417 compared with budgeted $157,931 last year.
Wages, benefits and car allowance for airport management totaled $37,889 last year with virtually the same amount budgeted for this year, according to records.
Budgeted from City Capital Grant Revenues for the airport for this fiscal year are $615,000 in funds; for City Capital Expenditures, Airport Grants, a total of $672,000 is budgeted with actual $58,234 spent to date. Last year this amount totaled $130,801.
The Grove City Council voted 3-2 at its last meeting to withhold future expenditures of budgeted funds to the airport authority. City Manager Bill Galletly has made it clear that funds necessary to operate the airport will continue but that monies to attend conferences and other non essential items would be cutoff.
"We will continue to pay for essential functions, but we won't pay them to hire attorneys to sue the city," Galletly said Wednesday.
"We shook hands on a compromise deal last Friday, with Bryant Chestnutt, and where I come from a handshake is good, but then at Monday's meeting the compromise had to be dragged out of him and then they voted to consider legal action," Galletly said. He added that another meeting was in the works and he hoped that things could be worked out by the end of this week.

Billboards Rejected on Highway 59 Project

The Grove Planning & Zoning Board turned down a request from Magic Media, Inc., owner of 12 billboard structures along Highway 59 to Sailboat Bridge, to put back four structures containing 16 billboards once the widening project is completed.
Once the billboards come down as part of the widening project, they cannot be put back up, according to city regulations passed some time ago.
Charles Marino, President and General Manager of Magic Media, Baxter Springs, KS, told the board that ODOT's payment for the billboards was "insufficient."
"The state will pay you to move them outside the city limits, where they can be better seen by people before they arrive in Grove," Bob Brogden responded, "and I think this is the best solution for both you and the city."
"We can't change the rules but we can tell you No," he added.
The motion to reject the request was turned down 4-0 with Judith Read voting to abstain.
A request by City Manager Bill Galletly to modify off street parking requirements was also turned down by the board, who voted to table the issue and move it to the weekly workshops in session for the next two months. City staff explained that "what is driving this train is that businesses along Highway 59 that are having to relocate are finding parking regulations a problem.
In other action the board approved a lot split plat for lot 3 of Rolling Oaks Subdivision, made by J.D. WilHolt; and tabled a request by Clint Briggs for a building and site plan for a tract of land behind Twister Mart at the corner of Hwy 59 and 36th street.
Briggs wants to build an Office/Warehouse concept building at this location. The item was tabled to allow time for preparation for the Convenants and final building exterior materials selection.

An Editorial...The Grand Jury Petition

The current circulation of a petition to call a Grand Jury, for the purpose of investigating actions taken by the Grove city manager and two councilors, is a waste of taxpayer money.
This element, always in the back row, hatchets in hand, is re-introducing material previously rejected by the District Attorney. This group needs to find another hobby.
How about getting to work solving the problems of Grove, recommending solutions, working with government instead of against it?
This fringe group is made up of people mad over the construction of the 18th street extension, the airport users, mad over the city's efforts to re-title city property in the city's name, those against the hiring of our current city manager instead of their political choice, and some who want continuance of the good old boys days in Grove. This fringe element is ruining good people's reputations and their businesses. They make it difficult for anyone to serve at city hall, for the right reasons.
History is history. It's over. Get over it. Move On. Let's look to the future instead of the past. We have mulched these issues for too long. Grove is a city on the move, growing, and needing a positive well-run government.
Continued efforts to tear it down by this always cranky minority serve no purpose.
If it continues we are going to name names and let the stuff fly.
If you are asked to sign the grand jury petition we hope that you will "just say no." And if we are able to get our hands on the petition we will publish the names of the signees so that all can see them

GIDA Meeting to Discuss Property Transfer

The Grove Industrial Development Authority will meet Friday at 1:30 p.m. at City Hall with the main agenda item being the discussion or action regarding transfer of all real properties by quit claim deeds to the city of Grove.
GIDA property includes the Civic Center, All State Tank building, several lots in the industrial park, the Library, and buildings at the NEO campus and lots at the business park.
Also to be discussed will be the relocation of a company to the industrial park, according to the agenda.

Letters to the Editor...

RE: Letter to the Editor by William Miller of Grove, printed in The Grove Sun Daily, Tuesday, February 14, 2006, edition.
Since Mr. Miller chose to use my name in his Letter to the Editor, I feel it necessary to respond to his incorrect statements, misinformation, and lack of understanding. I assume that The Grove Sun Daily will print my reply. In the past, they have refused to print my letters to the editor. They only print letters which are favorable to the present City government and perhaps only after the letters have been reviewed by same.
Therefore, I also am submitting this response to the Waterbug network and to The Grove Observer blog both of which avoid prior restraint on news coverage.
CORRECTIONS:
1) District Attorney Eddie Wyant never dismissed any charges against members of the Grove City government because of lack of evidence or for any other reason.
2) District Attorney Eddie Wyant wrote a letter, dated September 28, 2005, to members of the Grove City government, listing numerous violations of the Open Meetings Act and the Open Records Act. A direct quote from the letter is as follows:"Despite numerous attempts by this office, spanning well more than one year, to get Grove City officials to comply with the Open Meetings Act and Open Records Act, yet another blatant violation has been brought to my attention. I cannot possibly overstate my frustration with this situation. To further exacerbate the situation, two of the GIDA members are also City Council members, Member Carolyn Nuckolls and Member David Helms."
Later in the same letter, Mr. Wyant states:"Further, it is evident that as to many of these violations, the Board was simply allowed to violate or even encouraged to violate the law by the City Attorney and/or City Manager, who the Board relied upon to help guide them to be in compliance with the law."
Later, Mr. Wyant states:"I have decided not to file any charges on these issues at this time. However, I do want to make it clear that I am tired of begging Grove City officials to follow the law."I would be pleased to provide a copy of the complete letter issued by Mr. Wyant, which had a carbon copy to Mark Wall, Grove P.D. I am providing a copy of Mr. Wyant's letter to The Grove Sun Daily, if it wishes to print the same with my Letter to the Editor.
3) It is my understanding that District Attorney Eddie Wyant is excluded from participation as an advisor to the proposed Grand Jury because he possibly will be called as a witness and cannot serve in both positions.
4) The issue is not the City Manager, nor is it the Council members. The issue is, EVERYONE MUST FOLLOW THE LAW, whether they agree with it or not. The law is the controlling factor, and the legal system will produce a final decision on all matters under discussion.I am not aware of any "conspiracy"; perhaps Mr. Miller can enlighten me. Citizens of Grove and Delaware County and the United States of America are entitled to have their own agenda or even be misguided. But they are NOT permitted to break the law.Open Meetings and Open Records requirements permit the public to be informed prior to decision by government, and permit review of those decisions after they have been made. Misleading agenda items and inadequate minutes, or agenda items which conceal rather than explain, prevent the public from participating in governmental decisions and prevent the sun from shining on government. Openness and full disclosure are essential requirements of a free society.
5) The reference by Mr. Miller to "double jeopardy" perhaps needs to be revisited by Mr. Miller and this time with a dictionary. To oppose any existing government with your own opinion is not harassment, it is free speech. A Grand Jury exists for the purpose of reviewing the conduct of elected officials who are in control of the government.Whether or not Mr. Miller opposes it or Jack L. Forrest supports it, a Grand Jury will be convened, with far more than the required number of signatures, and the twelve men and women on that Jury will hear evidence presented, and with the required concurrence of nine or more of those members, indictments will be issued or the decision will be made not to issue indictments; therefore, the law will be followed, as it should be, and as it ultimately is.
Jack L. Forrest
Grove, Oklahoma
918-786-7071

Editors Note: All true, but the DA chose NOT to prosecute any of the items except for the bid splitting charges, which come to trial March 13 with a six person jury. The fact that he chose NOT to prosecute could be why the petition originators excluded the DA or any of his staff from participating in the Grand Jury process. If he didn't before, why would he now? Wonder who they will get to come to Jay for this event?

The Canine Corner...by Missy MacTavish

How long is a piece of string? People are wondering how a piece of yellow string showed up on the roadway from Patricia Island Estates, running all the way to HarBer Road and Quail Run, a distance of several miles.
Was it the Rural Water District that placed the string to measure how much water pipe to buy? Or maybe GMSA? Or the cable TV company? Or someone trying to find his way home a la Hansel & Gretel?
Who can solve this mystery? I can't think of any reason to lay down a piece of string several miles long, so maybe you can.
On another subject, I have been watching teevee and the winter Olympics. This year features our best athletes falling down a lot. Maybe they are not used to the snow and ice. Our best skater waited until the 11th hour to pull out…she said something was wrong with her groin. Me too. I get those same injuries chasing around the yard. Anyhoo, how can the young lady filling in for the other skater get a fair shake when she has not been in Italy to rehearse.
I hope you get to read my column this week because Dad's internet service provider, Green Country, has been woefully out of business most of the week. I sure hope that someday Grove can grow up and get some modern communications in here, like getting SBC off its butt for DSL service, or the cable companies to put in something besides MTV. Our city spends thousands of dollars every month on engineering studies for this and that, but we can't modernize our communications.
That's enough of my soapbox…until next time, Miss Missy.

Around the Lake...

A Newcomers Guide for Grand Lake has been published with lots of interesting info for people moving to the lake area. Publisher is Doug Drown, of Grand Lake Media. It contains area history, school test scores, info on internet access, a physician directory and much more. Free copies are available at any Grove realtor office or at city hall…the troubles just keep in coming in McAlester, as this week the County Court Clerk was accused of fraud…she claimed it happened because she needed "an escape from my personal misery." Previously the mayor, most of the council, and the city manager have either quit or been fired in this fine city in Little Dixie…Last Monday's edition of The Oklahoma Daily, the OU student newspaper, placed some 10,000 condoms on the cover to highlight safe sex…"We are up to our knees in sex on this campus," said the paper's managing editor. How about that for a pun…when your Grove Observer editor was managing editor of the OU paper many years ago, we hadn't even seen a condom yet and would have been kicked out of school had we papered the campus with them…Osage County has voted to put a 5% tax on lodging guests at the county's hotels and motels. This is probably something that should be considered in Grove, if we ever going to get a new community center or increase our tourism efforts…

Citizens Urged to Attend Next Council Meeting

Citizens of Grove interested in good government are encouraged to attend next Tuesday's City Council Meeting at 6 p.m. in Room 5, City Hall, where the subject of transferring title of airport property to the city will be on the agenda.
At most council meetings, the audience is usually made up of people opposed to something and they make it a point to attend and make noise. This has been the case recently with the airport issue, with most attendees coming from the aviation community.
Several council members have expressed concerns that they are being hung out to dry and not being supported by the majority of citizens who want to see Grove prosper and run in a businesslike manner.

"A Man for All Seasons" Opens Friday

Opening night for The Playmakers theatrical production of “A Man For All Seasons” is this Friday, Feb. 17 at 7:30. It’s a special night for audiences, for unlike most other performances, audience can sense the tension and excitement of an opening night. But, backstage at The Playmakers opening night isn’t the mad-house that one might think it is. Actors are quietly rehearsing difficult lines or off by themselves visualizing their scenes. It might even appear that they are meditating. There’s a hushed hum of the dressers making sure that costumes are organized for the quick changes. The backstage crew is going over the choreography of the set changes. But yes, there is tension and excitement being brought under control by actors so they can put it to good use in their performances.
But the three weeks leading up to this night are never quiet. They are filled with seamstresses picking up more fabric in order to make or finish costumes, and actors meeting them for fittings in between rehearsals. Set and prop people are coming and going, painting, cutting Styrofoam, and heating up the glue gun. Lights are being re-focused for the 10th time, and that lighting bug squashed. Box office volunteers are busy taking reservations and confirming them. These are the weeks that a big production such as “A Man For All Seasons” comes together. Opening night is a relief after all of this!
Nine seamstresses have been working since last November on over thirty costumes for this historical production. They are Marge Chowning, Joyce Burns, Gina Casey, Carol Browning, Marcie Hogan, Susan Schumacher, Sandra Strahm, Bill Flannery and Pat Wilson. The result of all their hours are beautiful costumes. Since the play takes place in the 1529, during the reign of Henry VIII, there are myriad costume pieces in addition to the basic wardrobe. Some were borrowed, but most were designed by Marge Chowning, our resident expert on period costuming, with assistance from the director, Suzanne Boles, and Bill Flannery and Tonna Zuech. They have been made by dedicated seamstresses, many of whom spent Saturdays at the theatre in a kind of ‘sewing bee,’ doing the finishing, hand-sewing, and detail work necessary to complete the look of the character. Some seamstresses are also working backstage as ‘dressers’ for the cast, making sure that cape is hanging right before the actor goes on stage, running for the missing hat, or helping with quick changes.
“Even though this isn’t a musical, it’s a very big production,” says Suzanne Boles, Director. “There are 14 people in the cast, and over 40 volunteers doing the myriad backstage and off-stage jobs. And, because of all the collaborative efforts of these volunteers, it is going to be one of those productions not to be missed!”
Performances are scheduled at 7:30 pm on Fridays, Feb. 17 & 24, Saturdays, Feb 18 & 25 and Tuesday, Feb. 21. Sunday matinees on Feb. 19 & 26 are at 2:00 pm. Tickets are $12 for adults, and $6 for students. The suggested maturity level for this production is upper elementary and above. Reservations may be made by calling 918-786-8950 or emailing http://us.f340.mail.yahoo.com/ym/Compose?To=play_theatre05@sbcglobal.net. Off Broadway Arts theatre is located at 121 W. 3rd St., in Grove.
Photo: left to right: Carol Browning, Marcie Hogan, Joyce Burns, and Marge Chowning.)

Come Learn about the Jessie James Movie

The monthly meeting of the Delaware County Genealogical Society will hear about the making of the Jesse James movie at it's monthly meeting on Tuesday, Feb. 21 at 7 p.m. at the Grove Public Library.
The year is 1938. You are sitting in a diner drinking coffee just across the state line and in walks Henry Fonda, Tyrone Powers and lovely Nancy Kelly.What's going on? The filming of the Jesse James Movie! Most of the movie was shot in McDonald County where many locals were part of the production.
Over the years, The McDonald County Library at Pineville has collected thousands of pictures about the movie and the stars. Carrie Cline, McDonald County library director, will present a very interesting program on "The Making of the Jesse James Movie". The presentation will include many photos from the library's collection, and many stories of local folks and the movie stars -- when Hollywood came to the Ozarks! The meeting is open to the public and anyone who is interested in their family history.
...from Correspondant Linda Agzigian