City councilor, others fret over bid validity

Jun. 19—A Tahlequah city councilor's assertions that administration officials illegally bid on demolition and asbestos removal of a former church property is generating controversy.

During a June 7 Tahlequah City Council meeting, newly elected Ward 2 Councilor Keith Baker said he was sworn in after the city purchased the Shawnee Street Theater, and he wasn't sure if it was bid correctly. Baker and others tied to city government say the bid was split into two parts to circumvent a law governing public bidding.

According to the Oklahoma State Statute Title 61, Section 131, no contract is to be split into partial contracts for the purpose of avoiding the requirements of the Public Competitive Bidding Act of 1974. All such contracts should be void.

"Any person who knowingly violates the provisions of this section shall, upon conviction, be guilty of a misdemeanor punishable by imprisonment in the county jail for not more than one year, or by fine of not more than $1,000, or by both such fine and imprisonment," the statute reads.

Aside from Baker's comments, city officials have not explained whether they used a loophole to get around the statute.

The building was the worship location of First Baptist Church before it moved to its new complex on the bypass. The church building was sold to the state's regional university system, and Northeastern State University used it for drama productions for years.

During the meeting, Baker expressed concern after seeing a wrecking trackhoe at work.

"I think [Ward 3] Councilor [Steven] Highers, you may or may not agree with that issue, but I am not sure if anyone has seen as of today there was a large wrecking trackhoe," he said. "It was parked in the lot with an orange construction fence located around the building with a dumpster."

Baker added he wasn't sure if this constituted "substantial work," or if that work had even begun.

"But getting that equipment, I'm going to assume incurred expenses. If we did not bid this out correctly, then we need to stop it, we need to fix it before it gets away from us, and I think and hope that's something we're going to do," said Baker.

The purchase of the old Baptist church was used with one-time funds as part of the CARES Act.

Mayor Sue Catron said Baker hasn't mentioned his concerns to her, other than what he said during that council meeting. However, she explained on Friday what has happened with the property.

"The property was owned by the Regional University System Board of Regents for the benefit of [NSU]. It had been listed for a selling price of $500,000 for several years," said Catron.

There was discussion between city and county officials about the possibility of the Cherokee County Courthouse expanding its reach to safely accommodate court during the pandemic.

"That led to conversations with the councilors about alternative sites for City Hall. Of three sites considered, the council preferred the 'old Baptist Church' location," said the mayor.

Catron said she spoke with NSU President Steve Turner about buying the property. NSU reduced the price to $325,000 and councilors approved the purchase. The city closed on the property in January.

"By the time the purchase was completed, the county was more confident they would not immediately need to expand. Conversations with council determined the property may still be needed for a City Hall," said Catron.

The city would use the north parking area as public parking for the downtown corridor.

"We determined there has been interest from developers in the original, stone church building," said Catron, referring to the structure adjacent to the building used before the current church was built. "As an investment property, with the dilapidated side structure with asbestos issues removed, a significant portion of our investment could be recovered."

Officials asked Tahlequah Regional Development Authority board members if they'd be interested in purchasing the property from the city, as they are the city's authority when it comes to investment and property development.

Catron said TRDA is interested in the structure after the initial demolition is completed.

"Demolition of the dilapidated structure is time-sensitive because the roof connecting the two structures has collapsed," said Catron. "There is a pool of water standing adjacent to the original building that we are concerned will rather quickly cause structural damage to the building we wish to retain."

The City Council authorized City Administrator Alan Chapman to acquire three proposals for demolition and select a contractor for the work.

"We have acquired those proposals; however, all are in amounts greater than the formal bid limit," Catron said, alluding to the state law constraints. "We are in process of acquiring formal bids before moving forward."

The mayor said the bid is still out and open, and she doesn't believe there was anything problematic about the process.

"I don't think anything illegal has happened at all on this," said Catron.

When Baker was asked what about the bidding was specifically "illegal," he said he was still investigating the matter.