Discussions about the De Soto Public Library’s bidding process continued for a second month, taking up most of the time at a brief De Soto City Council meeting on Monday.
During the public comment portion of that 15-minute meeting, Caitlyn Vanover, an attorney who serves on the De Soto Library’s Board of Trustees, addressed allegations against the Library Board at the Nov. 17 council meeting when state Rep. Bill Lucas, R-De Soto, and businessman Eddie Boyer complained about the library’s bidding process for a remodeling project.
The project includes replacing the two front doors with a sliding door and updating the restrooms, the meeting room, study rooms and some flooring, as well as adding an office. Much of the project is designed to make the library ADA (Americans with Disabilities Act)-compliant. Last month, the Library board awarded a $209,986 contract for the project to Tom Madden and Sons Construction of St. Louis. The company had submitted the highest of four bids. The lowest bid was $127,506.
Vanover said bids were evaluated based on ”completeness, clarity, demonstrated experience and risk to taxpayer funds.”
“Some bids lacked sufficient detail for an ADA-compliant public construction project,” she said in front of a full room that included six of the nine library board members. “Accepting them would have been fiscally irresponsible in a breach of the board’s statutory duties.”
Lucas attended Monday’s meeting but did not speak. However, at the November meeting, he said it appeared the Library board unfairly favored Tom Madden and Sons Construction during the bidding process.
“Keep in mind, there is no statute or rule that requires a selection of the lowest bid,” Vanover said. “The selected contractor provided the most comprehensive, transparent and professionally documented proposal, including subcontractor information, timelines, interference with patrons and project scope, reducing risk to not only our patrons, but protecting public dollars. That is not what you call a preference; that is called prudence.
“I’m here today before you as not only a citizen of De Soto, not only as a board member, but as an interpreter and governor of statutory interpretation,” Vanover said. “I’m here tonight not to argue, but I’m here to educate and correct some dangerous misunderstanding about this board, the Library board and the limits of authority.”
Vanover said the board followed the law.
“The allegations circulating in the community and with those who are trusted with power are not merely misleading; they are factually false,” she said. “Every contractor was given equal access to bid materials, equal opportunity to inspect facility and equal treatment throughout the process. Bids were submitted, sealed and opened only at a properly noticed public meeting.”
Vanover said no bid was manipulated or favored.
She also addressed City Councilman Todd Mahn’s comment at the November meeting that board members should be removed. She said removal of a board member would require finding of misconduct or neglect of duty.
“The board has not violated the law,” she said. “The board has not concealed records, and the board has not misused public funds. What the board has done is make a difficult, but responsible, decision to ensure ADA compliance, fiscal integrity and long-term benefit to the community.
“Disagreement does not equal misconduct. Public criticism does not equal legal failure.”
At the end of the meeting, during City Council member comments, Mahn responded to Vanover’s statements.
“A bid that was way over (the lowest bid) was accepted, and I did make the comment that someone should be fired,” he said.
Mahn said the council has never awarded a bid to the highest bidder during his three years on the council, “especially when it’s that high over the amount.”
“I think there’s concern from the citizens,” Mahn said. “I think most of the community thought that (the council) regulated the Library board to the fullest extent. They are their own entity, but at the same time, we do appoint (the members) to be good stewards of the money and everything else that they do there, so it does fall on us.”
He then mentioned that the city gives the library “a stipend” every year.
“Why do we need to give them a stipend if they’re able to spend $90,000 over (low bid),” Mahn said, adding he had concerns about other recent Library bidding processes, including one for a roof replacement project that was completed in 2023.
The Library is primarily funded with revenue from its 33.69-cent property tax, but the city provides 1.5 percent of its annual general sales tax revenue to the library, city officials said.