A state legislator from De Soto has criticized the cost of improvements for the De Soto Public Library as fiscally irresponsible and suggested it could affect future state funding for the city.
“This is a bunch of private citizens, who were appointed, spending our tax dollars not in a fiscally responsible way,” state Rep. Bill Lucas, R-De Soto, said about the De Soto Library Board of Trustees at the Nov. 17 City Council meeting.
Lucas’ complaints to the City Council centered around the library board’s request for proposals for an upcoming remodeling project that calls for replacing the two front doors with a sliding door, updating the restrooms, the meeting room, study rooms and some flooring, as well as the addition of an office. Much of the project is designed to make the library ADA (Americans with Disabilities)-compliant.
The library board has received four bids for the project: $127,506 from Harms-Troesser Construction Co. of Pacific; $153,293 from Boyer Building and Design of De Soto; $208,818 from Colben Construction of Cottleville; and $209,986 from Tom Madden and Sons Construction of St. Louis. Madden was awarded the bid, including an optional add-on that will cost about $6,500 more, bringing the total to $216,486.
Lucas criticized the board for awarding the contract to the highest bidder.
“I made sure that the money for the (proposed) Amtrak station (to be built in De Soto) was still in our budget this past session,” Lucas said. “The (state) budget’s going to get tight again. I would like to see Hwy. 21 four lanes come at least at Liberty Ridge Road (near Hwy. 110). Imagine the growth that would be there. Imagine the tax revenue if we could annex that area.
“But this (library project) is not good spending. Some of this is state dollars. I won’t be able to, with a clear conscience, ask for any money from my own hometown if this kind of stuff is going on. I think I’ve said all I need to say on that.”
Lucas urged the City Council to step in and look at the library board’s bidding process.
“The architectural plans … were circulated to one contractor prior to any public bids being taken,” he said. “He’s the one that eventually got the job. His bid was $88,000 higher than the lowest bid.
“We could have a (local) union contractor working here. His bid was $60-something-thousand less than (the high bid), and he’s union. The other two are both union (contractors). You know, there was a bid for $127,000, $153,000, $208,000 and the one that won was $216,000. This is how cities get sued. This is how colleges get sued. Just on its face, this looks shady.”
De Soto Mayor Matt Franken and City Manager Todd Melkus told Lucas the De Soto Public Library is a separate entity from the city and not under the council’s control.
However, the City Council does appoint the library’s board members and provides 1.5 percent of its annual general sales tax revenue to the library, which is primarily funded with revenue from its 33.69-cent property tax, the city officials said.
Sharon Kirkpatrick, a retired teacher, took over as library director in February following the resignation of Karen Graham, who moved outside the state. The library’s Board of Trustees consists of nine residents: Joni Roland, Beverly Wilson, Ed Sacco, Caitlyn Vanover, Connie Krizek, Jennifer Kohler, Denise Bradley, Lisa Queen and Pat Hay.
Library board responds
“After reviewing all bids in an open meeting on Nov. 10, the board determined the bid of Tom Madden & Sons best met the needs of the project and the community. Tom Madden & Sons presented the most responsible and clearly defined bid based on scope completeness, level of detail, ADA compliance, timeline clarity and a list of union workers for the library’s project,” the library board said in written statements to the Leader.
“The lower bids did not provide sufficient clarity, creating a higher risk for unexpected expenses. Additionally, the lowest bid did not align with a timeline that would allow minimal disruption to our public service,” according to the library board’s statement.
The projects are expected to begin in January.
“The bidding process allowed all contractors equal, fair and open access to the bid materials,” the statement said. “Additionally, the competitive bidding process followed the same rules and deadlines for everyone without giving any bidder an advantage.”
The library board said Lucas’ allegation that the board circulated plans to one contractor prior to public bidding is inaccurate.
“All contractors had equal opportunity to request and receive the bid packet as soon as it existed,” the written statement said. “The library is not legally required to wait for the RFP publication date before providing documents to interested contractors, and doing so does not violate Missouri law or competitive bidding principles.
“Two contractors, Tom Madden & Sons and Boyer Building, requested the packet before the posting date, and both received it. Every contractor who submitted a bid had access to the same plans, specifications and information before the deadline. Claims that the architectural plans were given exclusively to one contractor, or that the process was unfair, are simply not supported by the facts.”
The statement also said Missouri procurement standards allow public bodies to consider factors such as workmanship, experience, professionalism, timeline, use of union and the ability to minimize disruption to public services.
“Our library board is composed of qualified, intelligent and dedicated members who are deeply committed to the De Soto community,” the statement said. “Over the past several years, we have overseen significant improvements, including a new roof, exterior tuck-pointing, exterior painting, and updated HVAC systems. This upcoming project will allow us to achieve full ADA compliance, which is essential for serving all patrons. Through sound financial stewardship, we have positioned the library to continue making meaningful improvements that strengthen our services and our community.”
Other criticisms
During the meeting, businessman Eddie Boyer, who is related to Josh Boyer of Boyer Building, also criticized the library board for paying more for a roof than they needed to two years ago. He said the “madness has to stop.” He asked the city to step in and review and make recommendations on the library board’s bidding process.
“If they won’t let you, then OK … is it the director’s fault? Should the director be guiding this board, or does the City Council support them spending tax dollars like crazy?” he said.
After hearing from Boyer and Lucas, Franken told them the council needed information about what happened.
Councilman Todd Mahn said if the council finds out the library board spent $80,000 more than the lowest bid without a good reason, then the city needs to fire some people. He also suggested an audit of the library, adding that at a minimum, the city should remove its library director.
Franken and Melkus reminded Mahn that the library is its own entity and the city does not approve the library’s finances.
Melkus said on Nov. 24 that the city does not have the authority to hire or fire the director, and can only appoint or remove library board members.
“We can make a very strong recommendation that they review their policies of how they go through the bidding process and award bids,” Franken said.
“None of this council can change what (the library board has done) other than the appointment of those board members,” Melkus said. “Maybe they need to follow better policies, like we (the city) have, which you should always accept the most responsible, lowest bidder, etc.”
Melkus told Mahn that the council could discuss the library at the City Council’s December meeting.
Melkus said he met with members of the library board on Nov. 21 and reiterated that the library district, which was created under state statute, is a separate political subdivision and an independent legal entity distinct from the city.
Other library projects
A tuckpointing project was recently completed at the library, and Kirkpatrick estimates that it cost the library about $40,000.
She said another approximately $7,000 was spent on parking lot improvements, which were completed this month.
Kirkpatrick said the library has received a $12,915 grant from the Missouri State Library, which will be used to replace 10 computers.
The library also received a $5,000 Jefferson Foundation grant to provide hygiene bags containing toiletries to members of the community in need, she said.
The library also replaced some of its chairs that were falling apart, Kirkpatrick said.