Grand Jury Ends, No Indictments, City Council Scolded

After 14 days of hearing sworn testimony from 12 witnesses, reviewing 40 exhibits and more than 1,000 pages of submissions, the Delaware County Grand Jury has ended with no indictments. It did, however issue a strong scolding for Grove City Government officials including the City Council and City Manager.

A final report was issued by the Grand Jury on Thursday afternoon, following two earlier partial reports, which also resulted in no indictments. Gene Haynes, Chief Prosecutor and District Attorney for Rogers, Mayes and Craig counties, said the jury "worked very hard, was very conscientious, and used a lot of common sense to get past the personalities."

"They were troubled by the fact that some of the crimes have no penalties, and they made recommendations to try to fix that," Haynes said. "The ultimate solution is the ballot box," he added. He said the most important issue was Grove City Government, the Council, and City Manager, with all officials being cleared.

Highlights of the Final Report include:

--Two tours of the Delaware County Jail, which found several serious problems, including failure to lock up narcotic medications; not having a nurse on staff to monitor and administer inmate medications; failure to keep a chain of custody log to track quantities of patient medication from origin to the point that it is administered; mold levels in the inmate pods; and use of an electrical extension cord taped to the wall for TV power.
Every Grand Jury is required by state statute to inquire as to the health and safety of inmates, Gene Haynes, Chief Prosecutor, said Thursday. The Jury made recommendations to correct the deficiencies through new legislation, to be authored by Delaware County legislators.

--The Grand Jury did issue a scolding: "In view of the continuous and ongoing conflict and strife within the city (of Grove) which has resulted in significant litigation, large amounts of public funds being wasted in paying judgments, the payout of attorney fees to numerous attorney's and litigation costs, resulting in numerous complaints and criminal investigations being lodged in local and federal court, there is obviously something very wrong within the structure and management of the City of Grove as a governmental unit. The citizens of Grove are the ones that suffer from this."

The report continued, "we implore each City Council member to start taking their position seriously, to pay attention to what is happening with the management of the city, and to take action to correct the misdeeds and flagrant and gross abuse of power that continues to be exercised. The City of Grove operates under the City Council--City Manager form of government. This form of government only works if the council fulfills its oath of office and closely monitors the actions of its direct employees (City Manager and City Treasurer). We strongly urge each and every Grove citizen to look carefully at what is going on in their city and determine whether the City Council is doing its job of holding the City Manager accountable for his/her actions that adversely impact the city," said the final report.
"We further urge the citizens of Grove to be conscientious when they exercise their right and their responsibility to vote. Most of all, the City leadership needs to work together to move forward for the good of the community."

The following allegations were received, with no bill of indictment being returned:
--Open Records Act violations by Dorothy Parker, former city attorney.
--Embezzlement by GMSA employees.
--Embezzlement by Grove Municipal Airport Trust Authority Board Members.
--Open Records Act violations by members of GIDA board.
--Illegal gaming and serving alcohol to a minor at the Moose Lodge. (The D.A. is taking action in this matter, the Jury said.)
--Failure of the District Attorney to perform the prescribed duties of a D.A. in relation to issues with the Monkey Island Development Authority, and failure to enforce the findings of a State Audit and Local Audit; and miscellaneous allegations of a civil nature. Other allegations can be addressed via civil litigation, the Jury said.
--Miscellaneous allegations pertaining to Delaware County court proceedings and court officers.
--Violation of the Open Records act against the Grove Public School District and Grove Police Department, with the case in question being referred to Juvenile Services.
--Theft of public property and obstruction of justice by a Jay School employee.
--Investigation of the Delaware County District Attorney for ineffective handling of an alleged crime that occurred in the parking lot of the Jay post office; the Jury extended its deepest sympathies to the Hansen family, the report said.

The above summary is in addition to the 10 previous "no indictments" on the Grove City Manager and Councilors Dave Helms and Carolyn Nuckolls, issued in two previous partial reports. (see earlier editions of The Grove Observer)

One of the allegations was a violation of the Oklahoma Competitive Bidding Act by GMSA; the jury noted that "a Trust is required to bid out on public contracts when the contract exceeds $25,000 but there is no criminal penalty in the Act associated at the municipal level when that is not done, therefore the Grand Jury is not able to issue a true bill of indictment."

The Grand Jury expressed its appreciation to Judge Robert Haney; Judge Barry Denny; District Attorney Gene Haynes; Caroline Weaver, Court Clerk; Denver Davenport, Al Allen, Louis Stapleton and the Delaware County Court staff for their assistance during the course of these proceedings.

Haynes said he had enjoyed being in Delaware County the past two weeks and "the nice, friendly people and wonderful scenery." He said he faces a pile of paperwork on his return to Claremore "but I have a great staff that has been busy while I've been away."

GRDA Introduces "Pooper Snooper"

With the help of a new infrared camera, the Grand River Dam Authority Office of Ecosystems Management has been able to investigate possible pollution sources in Grand Lake with much greater success.

GRDA recently installed the new camera – which uses infrared imaging to detect thermal energy — in its helicopter. With that equipment, Ecosystems Superintendent Dr. Darrell Townsend, Ph.D., and his staff can not only get a bird’s eye — but also a more accurate — view of possible pollution “hot spots.”

“The addition of this new camera allows GRDA to see possible pollution sources much quicker,” said GRDA Chief Executive Officer Kevin Easley. “GRDA’s goal is to be the best stewards possible of the natural resources under our control, and tools like this one allow us to do the job better. We believe that's good for everyone in the lake community.”
According to Townsend, GRDA has “investigated a few possible sources of pollution in Grand Lake, likely from failing septic systems.” However, he also said the rumor that GRDA has found hundreds of failing systems is not accurate, and only a few possible sites have been identified thus far.

“One was spotted using the infrared camera; another was located while investigating the first one,” Townsend said. “Both those sites have tested negative for detergent, which is a good indicator of failing septic system, and the bacterial loads associated with these sites are within acceptable levels.”

According to Townsend, GRDA will continue to these sites in the coming months as the levels may increase with occupancy throughout the summer. In the colder weather winter months, GRDA expects to have greater accuracy in locating hot spots.
“This equipment is really a great asset which we intend to use to help protect and manage the natural resources of the Grand River system,” said Townsend. “Hopefully, we can catch problem areas early and get them corrected soon.”

County Commissioners Go Into Executive Session

Delaware County Commissioners went into Executive Session at Monday's regular meeting to discuss duties, policies and procedures of the county's emergency services director, but took no action, according to Bruce Poindexter, Chairman.

In other business, the jail population is down to 60 and Nic Lelecas, assistant district attorney, advised the commissioners that a letter was going out to State Jail Inspector Don Garrison on discussions and progress being made at the jail. He said some prisoners were released on the own recognizance and reduced bond amounts; the sally-port study was completed and rejected as a solution due to cost and lack of approval from the fire marshall; and jail pods were studied for placement in the parking lot, and rejected as not cost effective.

The final solution will have to be new options, such as a new jail supported by a bond issue or tax, the commissioners agreed. Commissioner Dave Kendrick recommended that a study be made of the issue, such as future location, number of beds, cost, and how to finance. Commissioner Howard Payton said "it is unfortunate, but a sales tax increase will be needed to take care of the problem, long term. Poindexter pointed out that "if we build it to Federal specifications, it will pay for itself from DOC prisoner revenue." He said we should think 40 years into the future.

P&Z Board OK's Shundi Road Annexation

Members of the Grove Planning & Zoning Board voted 3-1 to annex a portion of Shundi Road south of 13th Street to where it intersects with the new 18th street extension, at this week's meeting. Board member Judith Read voted against the proposal, citing problems with the legal description and publication of the legal notice for the agenda item.

She said the County Commissioners voted Sept. 25, 2005 to give the city the entire road from 13th street to Lake Road 3 but the city at this time does not wish to accept the entire Section line road easement. She asked that this be noted and made part of the annexation procedure, for future reference.

The board approved the site plan for Cedar Oaks Shopping Center at Highway 59 and Sunset Drive, for Bluesky Realty. Plans are to build a building 130 x 60 feet to house up to six tenants; 58 parking spaces will be provided as well as two rows of mini storage facilities behind the structure, with a privacy fence separating it from the homes toward the lake.

Also approved was a site plan for Forest Park housing development, across the street from Lendonwood Gardens on Har-Ber Road. Some 21 home sites will be developed in the trees, with as few trees removed as possible, Herb Manning, developer, said. Homes will be of the same quality as Carey Bay Estates, in the $130-160,000 price range; streets will be curbed and guttered, with fire hydrants installed.

A site plan for an ATM Bank machine for IBC Bank at the shopping center at 6826 Highway 59 was also approved.

Airport Board OK's New Fuel Markup

Whoops. After lengthy debating and rejecting a 10 cent additional markup in aviation gas at the last board meeting, it turns out that the additional markup was already in place with the last delivery of fuel, Airport Manager Terri Abercrombie said at this week's meeting. She said she had made a mistake in costing the markup when the last fuel delivery was made and the new price had already been put into effect.
This brings the total markup to 60 cents over what is paid wholesale, and board members approved that figure Monday. They then voted to restore the figures removed at the last meeting--$4546.00 for pavement repairs, and $600 for snow removal, bringing the total year's budget to $220,295 with a budget for fuel income at $174,000.
The board also discussed a list of airport capital improvement projects and agreed that as far as getting Federal monies is concerned, fencing the airport for security and animal control, and acquisition of additional property on the West side of the airport north to the second line road, are first in line. Constructing a new West taxiway would be next on the list. They added an automated fuel system to the list of projects as well.
The board set a special meeting for Friday, May 12 at 1 p.m. to discuss additional land acquisition, some 48 acres owned by Mike Prather which the city council had previously voted to continue to acquire.
The board also approved the amended lease agreement with the City of Grove and added the word "Airport" to one section. This completes work on the transfer of title of airport land to the city, an item which first came up months ago.
The Young Eagles program will be held May 13 from 9 a.m. to 1 p.m., flying kids from 7-17. The event was rained out last Saturday.
The asphalt overlay on the east taxiway is still under review, as the airport's analysis showed a lack of oil in the material. Longan Asphalt has asked for a second test, Abercrombie said.
After the meeting, City Manager Bill Galletly gave each board member a copy of the second partial report issued by the Grand Jury, clearing him of another seven issues, declaring it "good news." Airport Manager Abercrombie and Board Chairman Gary Tripensee had both signed the petition to impanel the Grand Jury.

An Editorial...Covering the Courthouse

The winning song at this year's Grammy Awards, or something similar, was "It's Hard Out There for a Pimp, Tryin' to Make Money for the Rent."

We're serious.

Equally hard is the news reporter's job of covering the Delaware County Courthouse.
Having done this in earlier times, when one walked to school uphill backwards both ways, in the snow, it should be a cinch deal. Like riding a bicycle.

But in Jay, it's hard out there.

They may as well put a sign over the District Attorney's Office reading: "No one is Here and We Don't Know Nuthin."
We've been trying for weeks to find out what is going on with the Moose Lodge Raid case, telephoning, asking, prying, and we were just about there, just an inch from getting a scoop.
Until we read about it in the other newspaper. Thanks guys.

And there's the Court Clerk's row of windows. Even McDonald's keeps the drive up window open. Little hand made signs adorn the glass, behind which a clerk sits with no sign of a smile. Maybe they hate their jobs. Figuring out which window to go to is a puzzle…maybe it's the last window on the right, the one tucked behind the wall.

Figuring out which cases are coming up for trial, or who is going to be let out of jail is nearly impossible. There isn't a trial schedule posted. Maybe they like it that way.

Of course there are exceptions…the County Assessor is the nicest guy you'd ever meet; and the County Clerk's office is full of young lovelies eager to help.

The County Commissioners hold open meetings each Monday so that isn't so tough, except when they abbreviate in code on the Agenda. Like a REAP Grant from the DIGIT Fund for the CBGF.

We've never been to the County Treasurer's office…that's where they keep all the money in round glass jars, but we can assume everything is kosher there.

But there are some courthouse employees that should look at their next paycheck and write on the back, "Paid by County Taxpayers." Or maybe take a course in Public Relations.

Grump, Grump.

The Photo Page

Art took center stage at Lendonwood Gardens Sunday, May 7, during the annual Art in the Gardens event. Visitors enjoyed art, music, food and Lendonwood tours as part of the event. Located at 1308 West 13th Street (Har-Ber Road), Lendonwood is a three-acre botanical garden that is open to the public year-round.

Here's what happens when drainage systems don't work...the street floods and backs up into several homeowners yards. With new regulations in effect, developers must now put in curbs, guttering and drainage systems, along with new driveway culverts and fire hydrants. Above photo taken at Patricia Island Estates.

Monkey Island Fire Chief Carl Tesreau and Fireman Reggie Stone cook up a batch of burgers for the women's auxiliary's Burger Fry last Saturday. The auxiliary has raised thousands of dollars over the years to support the MIFD.

The Canine Corner...by Missy MacTavish

This weekend is Mother's Day and on behalf of myself, my friends Champ, Sailor, Bo, Jessie, Grover, Abby, Molly and Blackjack, I want to wish all the Moms out there a very happy Mothers Day.

We can't get to the store and buy a Mothers Day Card because they won't let us in; we can't go into the flower shop and order flowers because they are afraid we might eat some of them; so, this is our opportunity to say thanks for all those caring moments.

Our Moms take us walking every day, well most of them, let us out when we need to visit the bathroom, give us a nice shampoo and cut our nails every so often, play with us on the floor, feed us three times a day and even give us treats, talk to us, and generally make a nice home for us. We could just be, like WILD, you know, out there in the woods or something and that wouldn't be good. So we hope that you have a very nice Mothers Day as a reward.
Until next time, Bark On! Miss Missy...

Observations...

Next week there will be more city meetings on the WiFi issue, which would put broadband internet service available to the entire city and beyond. Here's what we want to know...the cost of the meters and other equipment that will be read at City Hall using the WiFi system, the cost of hiring people to oversee and fix the problems after installation; the cost to purchase, install, and future-proof it; the number of subscribers needed to make it pay for itself and the monthly payment and installation charges, just to name a few. No question that the city needs it, for sure in the areas not now covered by broadband, but we need to be well informed...Rain, Rain, and now the lakes are full with floodgates open. Who would have thunk it. Seven months of draught followed by two weeks of rains can certainly change things. Next thing you know, we'll need to build an Ark...We've been hard at work on feature stores for the new print version of The Grove Observer, coming out May 24. We hope you like it, and will support it with your advertising and subscriptions. We'll even try to get the words spelled right...Four of the 10 individuals named in the Moose Lodge raid deferred prosecution agreement are either current or former employees of the City of Grove...

GRDA Lake Information Released

GRDA Floodgate Release Bulletin
Grand Lake elevation was 745.99' at 8 a.m. Thursday
Currently the United States Army Corps of Engineers has directed five (5) gates to be opened at Pensacola Dam.
Total inflows into the Grand Lake are 30,776 cubic feet per second (cfs).
Current releases through Pensacola floodgates are 6,240 cfs.
Pensacola Dam has six (6) units generating, releasing 13,649 cfs.
Total Pensacola releases through gates and generation is 19,889 cfs.
Lake Hudson elevation at 8 a.m. Thursday was 622.47'.
No floodgates are open at Robert S. Kerr Dam.
Total inflows into Lake Hudson are 20,967 cfs.
Kerr Dam has two (2) units generating, releasing 20,967 cfs.
The Grand River watershed consists of approximately 12,000 square miles of runoff in parts of Kansas, Missouri and Oklahoma. Of that total, over half -- 7,000 square miles -- is uncontrolled runoff, meaning there is no reservoir to control it above the Pensacola Dam. However, the remaining 5,000 square miles of runoff passes through the John Redmond Dam, located near Burlington, Kansas, prior to reaching the Grand River system in Oklahoma

Field Days Event Set May 20

The “Grand Gobblers of Grove” chapter of the National Wild Turkey Federation (NWTF) will host the 2006 Porter Wagoner JAKES Conservation Field Days Event, Saturday, May 20, near Grove. The event will be a fun-filled day of outdoor activities and discovery for children and youth ages 17 and under. Participants ages 10 and over will have a chance to win a free guided wild turkey hunt.
Activities will include shooting sports from BB gun and .22 cal. target shooting for the younger age groups to shotgun, muzzleloader, and high power rifle shooting for the older youth. All participants will attend a gun safety session conducted by Oklahoma Dept. of Wildlife Conservation game wardens, and all firearms will be strictly controlled by qualified adults.
Many other outdoor skills will be taught, from fly tying and casting to archery, tomahawk throwing and primitive slings. Experts will be on hand from a variety of fields, representing everything from arrowhead knapping and outdoor cooking to snake identification and animal track casting.
The event is free to all children and youth 17 and under, and includes a free lunch. The fun will begin at 10:00 a.m. and continue until 2:30 p.m., with registration from 8:30 a.m. until 10:00 a.m., and is open to the first 400 participants.
JAKES stands for Juniors Acquiring Knowledge, Ethics & Sportsmanship, and is an educational program of the National Wild Turkey Federation. The NWTF is a leading nonprofit wildlife conservation organization in the United States and Canada.
The JAKES Field Days Event will take place on Honey Creek, just south of Grove. 2006 will be the third year for this event in Grove. All participants must be accompanied by an adult. For directions, release forms, or more information, call Bruce DuBois at 786-3113/786-2658, Shane Berry at 786-4595/801-2840, or Rick DuBois at 786-3017/801-2576.

Civil War Publications to be Displayed

Karyl Price, who specializes in the Civil War era, will speak to the monthly meeting of the Delaware County Genealogical Society on Tuesday May 16, at 7 p.m. at the Grove Public Library.
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 Price's private collection. She will also display her genealogy books which were self-published for her Ross family members. Price will be dressed in a replica of a Civil War dress patterned from an 1863 tintype.
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, and hosted a syndicated radio broadcast heard throughout the Midwest and South in the early 1980s.She was a keynote speaker for womens groups in Dallas, and throughout Oklahoma, and she taught seminars at OSU.
Since her retirement, Price's hobby has been free lance writing, with several articles appearing in national magazines. She is a current member of the D.A.R. (Daughters of the American Revolution), the D.U. (Daughters of the Union), and the D.A.C. (Daughters of the American Colonists) with an active interest in genealogy.
Karyl Price and her husband, Richard, have bought a home in Grove and are still getting moved in. He was a professor of entomology. The meeting is open to the public. Anyone who is interested in family history is invited to join the Genealogical Society.

Cookbooks on Review at Third Thursday Program

Santa's Old Broads of Grove will be reviewing their cookbooks, "Doing It in the Kitchen", Volumes One and Two, on Thursday, May 18, at the Grove Public Library from 12 to 1 p.m. The Third Thursday programs welcome everyone to attend.
"These are not ordinary cookbooks," said Dorothy Scearcy, leader of the group. "The recipes have been cleverly named to suggest there is more to these recipes than meets the stomach. A perfect gift for a great dish and a good laugh."
One hundred percent of the $10 purchase price goes to help kids at Christmas. Santa's old broads are pool shooters, card players, writers, belly dancers and beer sippers. They all came together eight years ago to help children in the area that needed a helping hand. On Santa's behalf the broads help more than 100 children each year and work all year raising money to do so.
They help Santa by gifting selected families. When it's time for these busy elves to really get to work, it takes more than twenty shoppers working six hours to get all of Santa's shopping done. But the job is not over; it then takes more than eight hours to get everything wrapped and ribbons tied for the big morning.
Santa's Old Broads is a secret that even Santa could not keep. They invite you to join them on Third Thursday for a sweet sampling of desserts from the cookbooks. The books will be for sale during the brown bag lunch. They may be purchased at any of the following stores: LaLa, Millie's, Victorian Accents, Java Dave's, Lemons & Limes, Sissies, Soltow Office Center, Bucket of Wax, and The Final Touch.
The website is www.santasoldbroads.com.Contact 918-786-7607 for information or mail orders. Third Thursday is sponsored by the Friends of the Grove Public Library and the Grove Public Library.

The Circus is Coming...to Jay

Thanks to the sponsorship of Jay Lions Club, Culpepper & Merriweather Circus, America’s Favorite Big Top Circus, is coming to Jay on May 26 at the courthouse grounds with two scheduled performances at 5 p.m. & 7:30 p.m.
In its 21st season, C&M Circus has become internationally known for quality family entertainment. This authentic One-Ring, Big Top Circus has been featured on National Geographic’s Explorer TV series, Entertainment Tonight, The Los Angeles Times, The Chicago Tribune, Arizona Highways Magazine. It has also been featured on the A&E Special: Under the Big Top and most recently, On the Road with Circus Kids, a Nickelodeon special featured on the Nick News Program.

This year the circus is proud to present Skeeter as the Culpepper & Merriweather Circus Advance Clown. Skeeter will be in town about two weeks before Circus Day May 12, to visit schools, day cares, recreation centers, libraries, and senior centers. She might be seen in stores, walking down Main Street or handing out the official 2006 Culpepper & Merriweather Circus Coloring Contest sheets.

Skeeter got her clown start at the early age of 9 years old in Columbus, Ohio. She is a graduate of the Ringling Clown College and has spent much of the last 19 years traveling around the country – clowning around.

Skeeter’s clown program educates students and community members about what a day in the life of a clown is really all about. She spends time talking about the different types of clowns and the history of the circus. Skeeter will delight audiences with her unique style of clowning, comedy and true love for the circus.

Bring your friends and family out circus morning to watch as a familiar place in your town is transformed into a bustling Circus City. Activity swirls around the grounds as animals are unloaded, the Big Top is erected, and rigging is prepared for performances later in the day. Enjoy the magic and tradition of the American Circus with your family and create memories that will last a lifetime.

Between 9:30 and 10:00 a.m. watch the raising of the Big Top, then stay for the Free Tour. This presentation offers a unique face-to-face opportunity for families, schools, and interested community members to meet and learn all about the Culpepper & Merriweather Circus family and includes a walking tour of the circus grounds. Attendees can learn interesting facts about the performers, the history of the show and the different species of animals in the Circus Family. Topics such as hygiene, grooming and the veterinary care all of our animals receive will also be addressed.

In recent years the Tent Raising and Morning Tour has become a popular program for families and interested community members. It is presented in a way everyone, young and old can learn many interesting facts about the Culpepper & Merriweather Circus Family.
On circus day, performers bring the magic of the circus to life in each 90-minute show. This year’s lineup includes an All-Star group of performers and entertainers

Save money by purchasing your tickets in advance. Advance tickets are available at: GRAND SAVINGS BANK IN JAY, ARVEST BANK, GRAND RIVER ABSTRACT COMPANY, AND ANY MEMBER OF THE JAY LIONS CLUB. Prices for advance tickets are $6.00 for children ages 2 to 12, children under 2 are always free, and $8.00 for adults. On show day tickets will be $1.50 more. Buy your tickets early and save.

For more information, please contact the sponsor listed above or call 866 BIG TOP 6.