Second Partial Report Issued by Grand Jury

A second partial report has been issued by the Delaware County Grand Jury which Prosecutor Gene Haynes said late Friday would "clean up most of the Grove City Council issues." As the second week of Grand Jury testimony ended, Haynes said that next week the jury would "move on to other submissions."
The second partial report has to be typed and should be issued sometime Monday, he said.

On Thursday City Manager Bill Galletly spent several hours giving testimony to the Grand Jury on such items as how local government works, budgets, and several former city employees.
Mayor Carolyn Nuckolls also testified Thursday. Councilman Dave Helms was never called to testify this week.

A partial report issued Wednesday by the Delaware County Grand Jury declared that no indictments will be issued against Grove City Manager Bill Galletly or City Clerk Bonnie Buzzard concerning the three issues contained in the original Grand Jury Petition.

These included violations of the Open Records Act, Open Meetings Acts, and Bid Splitting.

In the report issued Wednesday by the Grand Jury and signed by all 12 jurors, the allegation of Open Meeting Act violations could not have occurred because Galletly is not a member of GMSA or GIDA nor is he an elected official. Only members of the "Public body" as defined in the Act are subject to the requirements of the Act.

Regarding the allegation of violations of the Oklahoma Competitive Bidding Act of 1974, Galletly was found guilty of Count 1 regarding the gas and sewer line extensions, found not guilty of Count 2 regarding the remodel of the Grove City offices, and therefore the Grand Jury cannot indict him for the same offenses. (double jeapardy)

Regarding the Open Records Act allegations against Galletly and City Clerk Bonnie Buzzard, the Grand Jury said both had signed a Deferred Prosecution Agreement with the District Attorney relating to these alleged crimes and that upon successful completion of the agreements by Galletly and Buzzard, the State of Oklahoma is barred from prosecuting those crimes and therefore no indictments will be issued for these alleged violations, the report concluded.

Galletly said Thursday he was pleased with the Grand Jury decision.

Caroline Weaver, Court Clerk, said the two alternate jurors had already been moved to regular jury status and she is calling more prospective jurors into the courthouse at 3 p.m. Friday. A couple of jurors have already been excused due to illness, she said.
She said she had no idea how much the Grand Jury was costing, but if it was more than in her reserve funds she would need to go the State Supreme Court to seek a request for more money.

Inside the Grand Jury...by Stan Driver

By Stan Driver

What do you do when summoned to appear before a grand jury?
What, when, where and how a grand jury convenes and operates are not everyday topics. It has been 10 years since the last one in Delaware County and most people haven’t a clue. If they go to the selection process where jurors' names are drawn publicly, they can find out who the jurors are, after that most things are unknown.
When I was summoned, even the term "Grand Jury", was intimidating. I knew it included a maze of procedures that many attorneys can’t explain and is sometimes portrayed in the press as a "super jury."

My reason for going before the Delaware County Grand Jury began when I was asked by a group of citizens to present public documents on alleged illegal activity in the county.
Where do you present the information? Not being a lawyer I thought it went to the prosecutor, then to the jury, wrong answer.

After some phone tag, Special Prosecutor Gene Haynes informed me that you put a cover letter describing the alleged activities in a sealed envelope and take it to the Grand Jury Bailiff, in Jay.
I had a stack of additional documents, but was told to hold off on those, and if the Grand Jury wanted to see them, I would be called.

Sure enough, a few days later a call came from an investigator for the Special Prosecutor. He asked, "Sir, could you be at the Grand Jury in Jay Oklahoma Monday at 12:00 to testify?" His tone was polite, his conversation short and professional. "Of course," I replied.
Parking at the courthouse in Jay on Monday I looked apprehensively at the large double glass doors. I mentally went over my notes, checked my folder of documents and wondered "What am I doing here?"

The situation reminded me of my first airborne jump, I knew my equipment was right, my training was excellent, and my "stuff" was together, BUT, those words "stand in the door" were coming soon and then I’d take a big step into the unknown. A big difference, there is no school for facing a Grand Jury.
My instructions were to report to the Bailiff at the entrance to the Delaware County Commissioners meeting room.
I have been in the courthouse at least 100 times over the years and know a lot of people that work there, but that didn’t make the walk down the shiny tile hallway any easier.
Al Allen has bailiff duty for the Grand Jury. He was at his post, smiling, courteous and friendly. He told me the jury was still at lunch. No problem, after 21 years in the military, I know how to wait.

As we visited Al explained a few things to me about a Grand Jury. You don’t have to be a registered voter to serve on the jury, just a resident of the county. The pool of names for jury selection is provided by the drivers license bureau and the prosecutor is there only as a legal advisor.
The windows of the meeting room were covered with paper, a bit foreboding, but I guess if someone outside could read lips, perhaps they could tell some of what’s being said.

Once the jurors were back from lunch, Mr. Allen locked them in the room. If they came out, unlock, back in lock in. Sort of like "clap on, clap off" only he held the key.
After a while, Special Prosecutor Gene Haynes came out and explained the procedure in the jury room to me. He was soft spoken and articulate. His smile and demeanor made me feel better. "Well maybe it won’t be so tough after all." I thought.
I was called in and the Jury Foreman swore me in. He didn’t miss a word or stammer once on the oath. He took his job seriously and that was reassuring.

My seat was behind the tall counter where the commissioners normally sit. This placed me next to the court recorder; I faced the jurors who were on the benches normally used by the attendees at commissioners meetings.
Prosecutor Haynes asked me to identify myself and give a short bio on my background. I did,
Scanning the room. I recognized a few of the faces, but there wasn’t anyone I knew really well. When I ran for office a few years back, I probably shook a lot of their hands.
The jury appeared about equal as far as gender, although I feel it had no bearing on the issues.
As I looked around the room, I realized these jurors are neighbors, folks that work, have families, and share a lot of the same aches and pains that I do. Not one glared, wore a hat of the inquisition, a long black robe, or projected any hostility. They really seemed interested in what I had to say.
I thanked them for being there. They’ve been pulled away from their jobs, family and daily routine to serve our legal system.

The courtroom procedure was rather informal. The jurors determine how it is run, and what the hours are, not a judge.
I stated what I had brought before them, and read some of the documents that referred to alleged instances of illegal activity. This took about two hours. We had to take a break at one point, the law of nature is recognized by this jury.
The Jurors were polite, always letting me finish a statement before asking a question. Their questions were to the point, intelligent and sometimes sought clarification. They generally smiled. No hostile or controversial comments were made and no one gave an indication of agreement or disagreement with the issues I talked about. I felt they were making up their own minds.

After I finished with each allegation, authority and documentation, Prosecutor Haynes would indicate for the court the document I had submitted; then he would label it as a Grand Jury Exhibit. At one point he explained that if an indictment weren’t made on an allegation, the documentation would be sealed, locked away and never returned. This was great news to me. If any of the allegations do not warrant further investigation by this Grand Jury, then let's bury that issue forever.

Leaving the jury room I reflected, it wasn’t so bad after all. My fear was unfounded and my apprehension unwarranted and walking down the hall, even the doors to the courthouse looked smaller.
Looking back from the parking lot, I decided, "Win, lose or draw, we citizens of Delaware County have 12 jurors that are working hard to do what they feel is right, and that’s all we can ask for."

(Editors Note: Stan Driver is a long time Grove area resident, former politicial office candidate, and former reporter for the Grove Sun Daily)

County Clerk Staff Now Fully Certified

Deputies in the Delaware County Clerk's office have taken a minimum of seven courses for 81 hours of instruction, part of a voluntary certification program of the County Clerk's Association of Oklahoma.
Shown left to right are Jo Carol Ivey, Carol Fortner, Juanita Webb, Shirley Hinman, Loretta Kirby, Vici Kirby, Michaele Baker and Cindy Crowder.

Council Goes Forward on Land Purchase

After much discussion, the Grove City Council voted 3-2 to continue to pursue 48 acres of land near the Grove Airport for future airport development. Councilors Dave Helms and Carolyn Nuckolls voted against the motion.

Last year the council had voted to proceed with application to the FAA for a grant to purchase 57 acres of land owned by Mike Prather but before the grant had become available the loan term expired. Prather has since sold about 10 acres of the land making the entire plan one that must begin again.

Everyone agreed that the city needs more land for economic development but could not promise that the land purchase would be used strictly for airport related industry. "It would not be honest to tell the FAA that the land will be used for airport use and then use it for non-aviation use," Mayor Nuckolls said.

The 48 acres still needs to be appraised and a new application filed with the FAA for 90% funding, if the purpose is to be for airport related industry. "But if GIDA wants to buy it, they should buy it, and not use smoke and mirrors," said one meeting attendee. City Manager Bill Galletly said GIDA has only $25,000 in the bank and could not afford any purchase at this time.
Galletly said "if we were to get the grant and acquire the property we would need to annex it and re-zone it to protect the investment for airport related business. Cost to the city would be about $12,000 although the exact purchase price is still unknown. "We need the land, but there is no way to predict the future and guarantee that it would be used for aviation related development," he said.

In other action, Council:
--Held a public hearing, with no discussion, on the Community Development Block Grant for expansion of Pride Plating.
--Named Jeff Stout "Employee of the Month." Stout has served seven years as Fire Marshall for the city and began his city employment 16 years ago as a street worker.
--Declared May 6 as White Cane Day in conjunction with the Lions Club humanitarian efforts in its work for the blind.
--Approved a contract for July 4 Fireworks Display in the amount of $13,500 with DDT Fireworks LLC of Adair, Ok.
--Approved a bid of $57,000 to APAC of Oklahoma for paving the parking lot at All-State Tank, using a grant of $44,690 from Grand Gateway. The difference will be paid by All-State Tank.
--Corrected a 1993 scrivener's error in a rezoning ordinance by adopting Ordinance No. 363 Nunc Pro Tunc (now for then).
--Voted to deny a tort claim from Tom M. Richards Sr. at the request of the Oklahoma Municipal Assurance Group, the city's insurance carrier.
--Appointed Jean Bohannan to another five year term on the Library Board.
--Went into Executive Session to discuss the Grand Lake Fraternal Order of Police Lodge #171 negotiations.

Observations...

Heard on Channel 2 News this week: "The amount of water on the streets is directly proportional to the amount of rain that has fallen." Huh?...Question: If there are three hummingbird feeders, why do two hummingbirds fight over one feeder?...This weekend there is lots to do in Grove, so get out there. The Corvette Club Show at the Civic Center, Lendonwood's Art in the Garden event, and it is Pet Adoption Weekend at the Grove Humane Society, just to name a few... And if that isn't enough, drive on over to Monkey Island Fire Department and enjoy the Spring Hamburger Fry for $5 a person, sponsored by the MIFD Women's Auxiliary, from 11:30-2...The Lakes are rising, thanks to all the recent rains. At press time, Grand Lake was at 744.23; Hudson was at 620.02; and W.R. Holway was at 845.90, up 17 feet since the fill started a couple of weeks ago. FERC requires that Holway be filled five feet every 6-7 days so it will be June before Holway reaches normal of 865, another 20 feet. Holway is to get another release from Hudson Friday night, which will raise the level five feet...Remember those pee tests conducted by GRDA ecosystems during last summer's three major holiday weekends, at selected crowded coves? The results are still being analyized, says GRDA. Can CSI be far behind?

An Editorial...Salivating Over Broadband Service

If you could make a list of "most wanted" items for Grove residents, at the top would be broadband internet access. A small portion of the city, about a three mile radius from McDonald's, has AT&T/SBC DSL, which has been around for 10 years or more and is very reliable. Charter Cable offers broadband to a limited service area and has no expansion ideas. Cox says they might have it by year's end, but only to it's service area. Green Country offers wi-fi to a selected area from three or four tower locations, but it is up and down much of the time. Out-of-town owners complicate the repair process.

The city has been working for months to bring a wi-fi system to Grove which would cover the entire city and even surrounding territory such as Monkey Island. The base customer would be GMSA, whose meter readings would be automatically performed using the wi-fi system. The city would borrow $750,000 through GIDA and pay it back from customer revenues over a five-year period. The Bank of Oklahoma has already offered the loan.

Now come the sticky parts. Is Wi-Fi obsolete to a new product, Wi-Max? What lies beyond? And can the city generate enough customer revenue to pay back a $750,000 loan with interest?

We encourage you to go on line to Google, and type in "Wi-Max" and see more than you ever wanted to know. This product is here, and a vast improvement over wi-fi. But whatever product is chosen, radios have bugs…from lightening, hail storms, electrical surges, etc. and they tend to break down. The city would not dare enter this minefield without a full-time expert on the payroll. And, the city would do well to hire an impartial consultant now, to investigate what system is best for Grove and how it could be "future proofed" against constantly changing technologies.

As for the $750,000 loan, if broadband is in such demand here why haven't SBC or Cox or somebody in private industry jumped at the chance to install a system here.
A close look at this loan and the numbers required to make it work are in order.

As much as we are salivating over a new broadband system that would put Grove in the front of the technology train, we would urge a careful examination to avoid mistakes on the equipment and financing package. Members of the Council and GIDA owe the community a hard look at this before proceeding.

The Canine Corner...by Missy MacTavish

This week I was out riding around in the truck with Dad and took this photo of a horse outstanding in his field, giving a speech to his cow friends who sat for the occasion. The cows were in a circle around the horse and a helicopter photo would have been better but I couldn't find one.
On another matter, I read in the newspaper on the floor that it is going to be OK to get a tattoo in Oklahoma. I have seen the fine young ladies with their tattoos, usually located just above the place you see when the Plumber crawls under the sink. I was thinking about getting a tattoo for myself, but on second thought there is just too much hair in my furry year-round coat. No one would see it. And if people can't see your tattoos, why bother to even get one. You can walk down the street and people everywhere would stare and point and say "look at that tattoo."
But if you hide it in the Plumber place, few people would notice. That's all I have to say about tattoos today.
Until next time, Bark On! Miss Missy.

Red Hatters Convene in Grove

More than 240 Red Hat Society members from five states gathered in Grove last Saturday for the annual revue, this year hosted by the Red Hot Hatters of Grand Lake. In photos, Cindy Hamilton sings "Menopausal Blues; Shirley Daggett, Queen Mum, this year's host, & Debbie Carver, Queen Mother of the Grand Hatters, next year's host; Linda Vannoy, the lady who ate too much, and Carla Mills, Speedy Alka-Seltzer; and Nancy Smith, singing "Diamonds are a Girls Best Friend."

Art in the Gardens is Sunday at Lendonwood

Art, music, and good food will be featured at the annual Art in the Gardens celebration Sunday, May 7, at Lendonwood Gardens in Grove. The public is invited to enjoy the artistry of local painters, photographers, sculptors and musicians, all set against the botanical garden’s colorful backdrop.

Area artists will display their talents at the event scheduled from 11 a.m. to 4 p.m. at Lendonwood, located at 1308 West 13th Street (Har-Ber Road) in Grove. Tickets are $5 per person, with proceeds designated for support of Lendonwood.
During the event, artworks will be available for sale at individual booths scattered through the three-acre botanical garden. In addition, live music will be performed by vocalists and instrumentalists throughout the day. Performers will include the Native American Performing Art Troupe, Jessica Freeman, Carolyn Funk and the Christian band Stella.
In addition, a wide range of concessions will be for sale by various businesses in the Grove community.

Jennita Brown, chair of the Art in the Gardens committee, said, “This event provides a wonderful opportunity to enjoy the arts as well as the beautiful garden setting at Lendonwood. We invite the entire community to share in this special celebration.”

Currently, Lendonwood is blooming with flowering trees, shrubs, perennials and other colorful plants. The garden is known for its large collections of rhododendrons, azaleas, daylilies, Japanese maples, hostas, evergreens and bonsai.
Lendonwood is a non-profit, public botanical garden supported by volunteers and donations. The garden is open to the public year-round, from dawn to dusk.

Council, GIDA OK New Cell Tower Deal

At a joint meeting, board members of the Grove Industrial Development Authority and the Grove City Council voted unanimously to accept a proposal from Verizon Wireless to build a new cell tower in Grove near the water tower south of Grove Middle School.
Verizon is required to guarantee not less than three other cell phone providers, or pay the city the difference.

Verizon will build the tower to a height of 250-270 feet able to withstand winds of 90 mph; connect a T-1 line to the tower; equip and build cabinets and shelter buildings; handle environmental, OSHA, bonds and insurance requirements; hold general liability insurance; and complete within 90 days from Notice to Proceed isuance by the city.

The city will pay about $17,000 to remove the old tower, relocate city equipment to the new tower, and install new co-axial cables and associated equipment.
Verizon will pay the city about $86,000 the first year and $40,000 per year thereafter based on antenna rental income.

City officials said Tuesday that Sprint had committed to locating equipment on the new tower.
A total of four carriers may use the tower, plus a wi-fi transmitter located at the 140-foot level.
Also submitting bids were Smith Two-Way Radio of Ft. Smith, and Precision Communications of Grove. Smith would provide the city with $14,400 in revenue while Precision would provide $5,200 and the city would be responsible for getting additional tower users.
The Verizon deal clearly hinges on their willingness to guarantee the city revenue from three competitive cell companies even if the companies choose not to locate on the tower.

The other item on the agenda Monday was discussion or action regarding approval for GIDA to borrow up to $750,000 to create and install a high-speed wireless internet network (WiFi) throughout the city.

This item was tabled until May 16. Bank of Oklahoma and Government Capital Corporation of Oklahoma City submitted bids.
The backbone of this system will be used by GMSA for an automated meter reading system, saving the city $100,000 in meter reader personnel, City Manager Bill Galletly said. The loan would have a five-year payback and the typical user would pay $24.95 a month for the broadband service. It could be up and running within 120 days.

Wireless users now pay $49.00 a month, where available, and up to $79 a month for satellite broadband service, plus a hefty $350 install fee.

As usual, the naysayers were present. One stated that Wi-Max was the latest gizmo, while another person said that this technology was 5-7 years away. Not true, WiMax is already here, according to industry sources.

Another said “Verizon does not like to share its towers,” while a city official said Sprint has already given a verbal OK to go on the tower.
One council member clearly was confused as to what was being discussed, wi-fi or the cell tower.

After the meeting, Merl Tinney, former owner of Green Country Internet, said he was interested in submitting a proposal for wi-fi. He has filed a lawsuit against Jetstream Wireless, LLC of Phoenix, for alleged failure to pay him for the system they purchased from him last year. Green Country provides wireless internet service to a limited area at present.
The city’s system would cover Grove as well as nearby areas such as Monkey Island, making the subscriber potential around 12,000 homes, said Galletly.
Grove also has “hotspots” where wi-fi is available in a couple of downtown restaurants.

It was pointed out that large companies such as AT&T and cable systems are fighting city-owned systems and in at least 20 states they have pressured legislatures to prohibit cities from establishing their own networks. But AT&T has shown no interest in expanding its DSL lines into areas beyond a 3-mile range of downtown. Cox Cable has said it will wait until utilities are re-located from Sailboat Bridge to downtown before installing high speed service.

Commissioners Make Little Progress on Jail Issue

Reduction in bonds for Delaware County prisoners was the only new item mentioned at this week’s County Commissioner meeting, as a solution to the jail overcrowding. Assistant District Attorney Nick Lelecas advised the meeting that he would write a letter to the state jail inspector detailing what has been done to date.

The letter is bound to be a short one.

He told the commissioners that they need to visit with an engineering firm and architect and deal with a possible long-term solution. May 10 is the deadline for reducing the jail population to 61. Lelacas noted that it is now around 71 or 72.
In other action, the commissioners:
-- purchased a truck for the Grand Lake Public Works Authority for $22,881 with a loan from Bank of Oklahoma at 7.81% interest;
-- appointed Judy Sturges to replace Harold Weaver on the County Health Board;
-- appointed Anita Jones for janitorial and lawn maintenance for the County Health Department;
-- noted that only one bid came back for courthouse security items, for keypads for the Judges chambers at $3500;
-- approved a resolution appointing Robbie Robertson and Dick Seybolt to five year terms on the GLPWA.

Genealogical Society Sets Meeting

The monthly meeting of the Delaware County Genealogical Society will be held on Tuesday, May 16, at 7 p.m. at the Grove Public Library.
Mrs. Karyl Price will be the speaker for the monthly meeting. She will speak on “An Overview of the Role of Women’s Magazines from 1837 through the Civil War Years”.
Examples of Civil War publications will be displayed from Mrs. Price’s private collection. She will also display her genealogy books which were self-published for her Ross family members. Mrs. Price will wear a replica of a Civil War dress patterned from an 1863 tintype.
Mrs. Price has a B.A. degree from OSU with a major in English and minor in Speech. She taught English and Speech in the Mulhall Schools, hosted a syndicated radio broadcast heard throughout the Midwest and South in the early 1980s. She was a keynote speaker for ladies’ groups in Dallas, Texas and throughout Oklahoma, and she taught seminars at OSU. She also created and edited the publication, “The Commique” for OSU.
Since her retirement, Mrs. Price’s hobby has been free lance writing, with several articles appearing in national magazines. She is also a current member of D.A.R., D.U. and D.A.C. with an active interest in genealogy.
The meeting is open to the public and anyone who is interested in their family history.

Pet Adoption is This Weekend

The Grove Humane Society will hold a Pet Adoption Weekend at its shelter this weekend, Saturday, May 6th and Sunday, May 7th from 10 a.m. until 5 p.m. The shelter is located on Hwy. 10 two miles east of downtown Grove.
During this weekend the Humane Society is offering reduced fees on all adoptions. The adoption fees this weekend will be $45 for dogs and puppies and $35 for cats and kittens. The adoption fee includes a certificate honored by local vets to spay or neuter your animal at no additional charge. This is in conjunction with a nationwide Pet Adoption weekend to find loving homes for shelter animals sponsored by the North Shore Animal League of New York.
The shelter has lots of adorable puppies and kittens right now as well as dogs and cats of all ages – all looking for loving homes. If you have any questions you can call the shelter at 786-7630.
The society would like to remind you to please to spay or neuter your dogs and cats. There are more dogs, puppies, cats, and kittens then there are homes for them. The Humane Society would like nothing more than to have to close their doors because there are no more unwanted pets in our community. The puppies and kittens they currently have were not born in the shelter. They are there because they were abandoned or brought in by someone who found them and couldn’t find homes for them. The shelter has more animals then they have room for right now.
The Humane Society will sponsor its next Low Cost Spay and Neuter Clinic sometime in June. The exact date will be announced soon.