Jackson County Missouri

JOURNAL

Jackson County Courthouse

415 E.12th Street, 2nd floor

Kansas City, Missouri 64106

(816)881-3242

County Legislature

DaRon McGee (4th) Chairman,

Office of

Megan L. Marshall (3rd AL) Vice Chairman,

Mary Jo Spino

Jalen Anderson (1st AL), Donna Peyton (2nd AL),

Manuel Abarca IV (1st), Venessa Huskey (2nd), Charlie Franklin (3rd),

Jeanie Lauer (5th), Sean E. Smith (6th)

Clerk of the County Legislature

Monday, July 31, 2023

3:00 PM

Twenty-eighth Regular Meeting

K.C. Legislative Assembly Area, Kansas City, Missouri

DaRon McGee, Chairman, called the meeting of the Jackson County Legislature to order.

ROLL CALL

Present 9 -

DaRon McGee, Megan L. Marshall, Jalen Anderson, Donna Peyton,

Manuel Abarca IV, Venessa Huskey, Charlie Franklin, Jeanie Lauer

and Sean E. Smith

THE PLEDGE OF ALLEGIANCE

Recited.

APPROVAL OF THE JOURNAL OF THE PREVIOUS MEETING

A motion was made by Jeanie Lauer, seconded by Manuel Abarca IV to

approve the journal of the previous meeting held on July 17, 2023. The

motion passed by a voice vote.

HEARINGS

Cheryl Colter, Deputy Director of Accounting, introduced Jonathon

Nibarger, Vice President, and Brian Holst, Vice President, of Allen, Gibbs,

& Houlik, the County’s independent auditing firm, to present the Annual

Comprehensive Financial Report for the period ending December 31,

2022.

Mr. Nibarger said the accounting firm is required to keep the Legislature

informed of significant matters related to audit. The supplemental report

from the firm relates to the adoption of, or change in, accounting policies.

During the year ended December 31, 2022, management implemented

Governmental Accounting Standards (GASB) Board Statement 87,

Leases, which resulted additional amounts for leases payable and leases

receivables.

Mr. Nibarger said the second area covered in the supplemental report is

related to accounting estimates. He said, not all numbers are hard and

fast numbers, and some accounting estimates are an integral part of the

preparation of financial statements. The estimates include the total other

post-employment benefit liability, the net pension liability, compensated

absences, and allowances on doubtful accounts.

Mr. Nibarger said the report lists an audit adjustment and uncorrected

misstatement related expenses recorded for the wrong period for the

Anti-Crime Sales Tax Fund. There were no uncorrected misstatements.

There are three different levels of deficiencies, lowest is a control

deficiency, the middle is a significant deficiency, and the highest level is a

material weakness. Mr. Nibarger said there was a material weakness that

was noted regarding the audit adjustment related to the Anti-Crime Sales

Tax Fund mentioned earlier.

The goal of the audit is to determine if the County complies with all

regulations and do the financial statements accurately reflect the books

and records of the County. The answer is yes to both of those questions.

The Financial Statement and Auditor’s Report is in the Annual

Comprehensive Financial Report book distributed to the Legislature. This

includes standards and their opinion as part of the audit. They issued an

unmodified opinion, the highest level of review. The County received a

Certificate of Achievement for Excellence in Financial Reporting from the

Government Finance Officers Association. The report also lists that the

fund balance increased about $40 million and governmental funds overall

were about $46 million. These all speak highly of the financial

management of the County.

Jeanie Lauer, County Legislator, asked about the summary and if there

was concern about the estimates. Mr. Nibarger said there were no

concerns about the estimates. This is standard language. Ms. Lauer

asked Troy Schulte, County Administrator, about his takeaways. Mr.

Schulte said this is a good financial report, and the County has

consistently had clean audits. The new financial system to go live in 2024

will help streamline these processes. The one material note was a timing

issue based on when a payment was made. Ms. Lauer asked about issues

related to cyber security. Mr. Schulte said he believes the new system will

strengthen the cyber security issues, which are ongoing concerns

especially with out-of-date systems. They have explored the idea of cyber

security insurance for 2024.

Manuel Abarca IV, County Legislator, asked about changes from 2020

when the state auditor conducted an audit of the County. Mr. Schulte said

the state audit focused on an earlier period, before 2018. One of the

issues was underestimating costs in the budgets and they have tried to fix

many of those issues. Many of these processes have improved.

Sean E. Smith, County Legislator, asked about the process to ascertain

the amount of funds the County collects. Mr. Schulte said the county

historically collects 87 to 91 percent of the amounts billed. They are

confident that number will not move significantly because the taxing

jurisdictions will lower their levies to balance out the collection.

COMMUNICATIONS WITH AND REPORTS OF THE COUNTY EXECUTIVE

Manuel Abarca IV asked where the County Executive is. Mr. Schulte

reported that he does not keep the County Executive’s schedule. As of this

morning the County has seen 49,000 appeals. About 22 percent have

been resolved. They have not seen any surge in appeals or calls to the

call center. Assessment staff and Collection staff are handling the call

center with about 12 associates.

Mr. Abarca asked about the commercial appeal process. Mr. Schulte said

the BOE is starting commercial appeals and they are meeting with their

tax advisors that represent many of these commercial properties. Mr.

Schulte said the new assessment system is up and running well. The

Administration is still in conversation with Tyler Technologies over the

customer service issues they encountered. There is about $5 million left

on the Tyler Technology contract.

Sean E. Smith asked about the appeal process. Mr. Schulte said the

taxpayer will meet with a real estate broker first, to go over values and see

if they can reach a consensus of the market. If they cannot reach a value,

a member of the assessment staff or Tyler Technology staff will review the

data used to reach a value. If they reach an agreement the taxpayer will

sign a stipulation that will be approved by the Board of Equalization. If they

cannot reach an agreement, then the appeal goes to the BOE. A hearing

officer will meet with the taxpayer to try to reach an agreement. If that is not

accomplished, the taxpayer can present their evidence to the BOE who will

hear the evidence and vote on the value. The BOE may set a value at a

higher number than what was initially presented.

Manuel Abarca IV asked about the term sheet with the Royals. Mr. Schulte

said he would defer that information to the County Executive. The

Administration has a term sheet, but he would characterize it as more of a

general restatement of the current reality. The purview of discussions is

still at a general nature. Mr. Abarca asked if the County has quantified the

impact if the Royals were to leave the County. The sales tax renews in

2031. This would have to go before the voters. Mr. Schulte said there is a

lot of work to be done.

Megan L. Marshall, County Legislator, asked about updates on the

Historic Truman Courthouse. Mr. Schulte said they are waiting on new

furnishings for the Recorder of Deeds office and new carpeting. These

furnishings were damaged with the sewer break. An awning has been

installed outside the building for citizens to wait. The building is not

structured for many people to be there. They need space for a lobby

waiting area. Any renovation would be expensive because the building is

more than 100 years old.

PERFECTION OF PROPOSED ORDINANCES AND REPORTS OF COMMITTEE

5765

5767

Budget Committee moved to perfect. Consent Agenda.

AN ORDINANCE appropriating $23,000,000.00 from the undesignated fund

balance of the 2022 ARPA Fund for the purpose of construction

improvements and furnishings of the 1300 Washington Administration

Building at a cost of $17,000,000.00, and for improvements to the second

floor of the Downtown Courthouse at a cost of $4,000,000.00 and the

Historic Truman Courthouse at a cost of $2,000,000.00.

(Budget Committee - 2nd. Perfection)

Manuel Abarca IV said this ordinance will be held pending attendance of

the County Executive to answer questions.

5768

5769

Budget Committee moved to perfect. Consent Agenda.

AN ORDINANCE appropriating $3,000,000.00 from the undesignated fund

balance of the 2023 Health Fund in acceptance of funds from the opioid

class action legal settlement and authorizing the County Executive to enter

into an agreement with University Health for the purpose of constructing a

new opioid treatment center.

(Health and Environment Committee - 1st. Perfection)

The Health and Environment Committee will have a public hearing

regarding Ordinance #5769 on Monday, August 7, 2023 in the Kansas

City Legislative Assembly Area at a time to be determined.

FINAL PASSAGE OF PROPOSED ORDINANCES

5766

Consent Agenda.

RESOLUTIONS IN COMMITTEE

21323

21334

A RESOLUTION expressing support of the Legislature for Missouri Senate

Bill 190 for potential real property tax relief and overall support for equitable

property taxes.

(Inter-Governmental Affairs Committee - 3rd. Meeting)

Expressing the intent of the Legislature to request that the Board of

Equalization extend the appeals deadline for real property valuation to allow

taxpayers adequate time to file their appeals and to allow time for the taxing

jurisdictions to consider rolling back their respective levies.

(WITHDRAWN BY SPONSOR MANUEL ABARCA IV. CONCURRED BY

MEGAN MARSHALL AND SEAN SMITH.)

21340

21341

Budget Committee moved to adopt. Consent Agenda.

Finance and Audit Committee moved to adopt. Consent Agenda.

CONSENT AGENDA

5765

5768

AN ORDINANCE repealing sections 5400. and 5410., Jackson County

Code, 1984, relating to the building code, and enacting, in lieu thereof, two

new sections relating to the same subject.

(PERFECTED)

AN ORDINANCE appropriating $25,000.00 from the undesignated fund

balance of the 2023 Grant Fund, in acceptance of a grant received from the

United States Office of National Drug Control Policy, High Intensity Drug

Trafficking Area program, for use by the Jackson County Drug Task Force.

(PERFECTED)

5766

AN ORDINANCE transferring to and appropriating from the undesignated

fund balance of the 2023 Grant Fund $10,000.00 for reimbursement of

overtime expenses associated with a joint drug investigation “Operation

Twisted Tiger.”

(ADOPTED)

21340

A RESOLUTION transferring $117,460.00 within the 2023 General Fund to

cover a one-time cost to implement C1CX a contact infrastructure for the

Jackson County Circuit Court.

(ADOPTED)

21341

A RESOLUTION authorizing the County Executive to execute a Cooperative

Agreement with the Jackson County Historical Society for record archiving

services, at an actual cost to the County in the amount of $36,000.00.

(ADOPTED)

Ordinance #5765 and #5768 were moved to the Consent Agenda for

perfection. Ordinance #5766 and Resolutions #21340 and #21341 were

moved to the Consent Agenda for adoption.

A motion was made by Megan L. Marshall, seconded by Manuel Abarca IV,

to approve the Consent Agenda. The motion passed by a roll call vote:

Yes: 9 -

DaRon McGee, Megan L. Marshall, Jalen Anderson, Donna Peyton,

Manuel Abarca IV, Venessa Huskey, Charlie Franklin, Jeanie Lauer

and Sean E. Smith

INTRODUCTION OF PROPOSED ORDINANCES AND ASSIGNMENT TO COMMITTEE

5770

Appropriating $200,000.00 from the undesignated fund balance of the 2023

American Rescue Plan Fund and awarding a twelve-month contract, with

two twelve-month options to extend, for the furnishing of community surveys

and engagement software to Zencity of Harris County, Texas under the

terms and conditions of OMNIA Partners contract no. 191902, an existing

government contract.

(Assigned to the Budget Committee.)

5771

A motion was made by Venessa Huskey, seconded by Manuel Abarca IV to

perfect Ordinance #5771. The motion passed by a voice vote.

(PERFECTED)

A motion was made by Venessa Huskey, seconded by Manuel Abarca IV, to

adopt Ordinance #5771, appropriating $6,000.00 from the undesignated

fund balance of the 2023 Grant Fund in acceptance of grant funds awarded

to the Family Court Division by the Family Court Committee of the Supreme

Court of Missouri. The motion passed by a roll call vote:

Yes: 9 -

DaRon McGee, Megan L. Marshall, Jalen Anderson, Donna Peyton,

Manuel Abarca IV, Venessa Huskey, Charlie Franklin, Jeanie Lauer

and Sean E. Smith

(ADOPTED)

5772

5773

Appropriating $18,000.00 from the undesignated fund balance of the 2023

Grant Fund in acceptance of grant funds awarded to the Family Court

Division by the Family Court Committee of the Supreme Court of Missouri

for the Juvenile Justice Program Assistance Grant.

(Assigned to the Finance and Audit Committee.)

A motion was made by Venessa Huskey, seconded by Megan L. Marshall to

perfect Ordinance #5773. The motion passed by a voice vote.

(PERFECTED)

5773

A motion was made by Venessa Huskey, seconded by Megan L. Marshall,

to adopt Ordinance #5773, appropriating $185,558.00 from the

undesignated fund balance of the 2023 Grant Fund, in acceptance of the

Family Court Division's Juvenile Court Diversion grant received from the

State of Missouri, Division of Youth Services. The motion passed by a roll

call vote:

Yes: 9 -

DaRon McGee, Megan L. Marshall, Jalen Anderson, Donna Peyton,

Manuel Abarca IV, Venessa Huskey, Charlie Franklin, Jeanie Lauer

and Sean E. Smith

(ADOPTED)

INTRODUCTION OF PROPOSED RESOLUTIONS AND ASSIGNMENT TO COMMITTEE

21346

Expressing the intent of the Legislature to recommend amending Missouri

state statute to allow for a mid-year tax collection date as opposed to the

current collection date of December 31st.

(Assigned to the Inter-Governmental Affairs Committee.)

21347

A motion was made by Sean E. Smith, seconded by Venessa Huskey, to

adopt Resolution #21347, awarding a thirty-six-month term and supply

contract, for the furnishing of Workday configured timeclocks,

implementation and integration services, and software maintenance for use

by the 16th Circuit Court and various County departments to Accu-Time

Systems Inc., of Ellington, CT of under the terms and conditions of Request

for Proposals No. 23-038. The motion passed by a roll call vote:

Yes: 9 -

DaRon McGee, Megan L. Marshall, Jalen Anderson, Donna Peyton,

Manuel Abarca IV, Venessa Huskey, Charlie Franklin, Jeanie Lauer

and Sean E. Smith

(ADOPTED)

Michael Erickson, Director of IT, explained Resolution #21347.

21348

A motion was made by Manuel Abarca IV, seconded by Megan L. Marshall,

to adopt Resolution #21348, authorizing the Jackson County Legislature to

hold a closed meeting on Monday, July 31, 2023, for the purpose of

conducting privileged and confidential communications between itself and

the Jackson County Counselor under section 610.021(1) of the Revised

Statutes of Missouri, and closing all records prepared for discussion at said

meeting. The motion passed by a roll call vote:

Yes: 9 -

DaRon McGee, Megan L. Marshall, Jalen Anderson, Donna Peyton,

Manuel Abarca IV, Venessa Huskey, Charlie Franklin, Jeanie Lauer

and Sean E. Smith

(ADOPTED)

21349

21350

Awarding a twenty-four month term and supply contract, with one

twelve-month option to extend, for the furnishing of petroleum products for

use by various County Departments to Heathwood Oil of Kansas City, KS,

under the terms and conditions of Invitation to Bid No. 23-035.

(Assigned to the Finance and Audit Committee.)

Awarding a twenty-four month term and supply contract, with one

twelve-month option to extend, for the furnishing of trailer maintenance and

repair for use by various County Departments to Reign Enterprises, LLC of

Raymore, MO, under the terms and conditions of Invitation to Bid No.

23-043.

(Assigned to the Finance and Audit Committee.)

21351

Awarding a thirty-six month contract, with two twelve-month options to

extend, for the furnishing of comprehensive medical, dental, and

pharmaceutical services to inmates at the Jackson County Detention Center

to Advanced Correctional Healthcare of Peoria, IL, under the terms and

conditions of Request for Proposals No. 23-014 at an actual cost to the

County for 2023 not to exceed $3,408,500.00.

(Assigned to the Justice and Law Enforcement Committee.)

21352

21353

Honoring Jessica McCallop-McClellan, for her commitment to community

service and advocacy for underserved communities in Jackson County, MO

and around the world.

(Assigned to the Legislature As A Whole.)

A motion was made by Megan L. Marshall, seconded by Donna Peyton, to

adopt Resolution #21353, recognizing Jaida Terrell on completion of the

Macedonia Baptist Church’s two-year Youth Leadership Program. The

motion passed by a roll call vote:

Yes: 9 -

DaRon McGee, Megan L. Marshall, Jalen Anderson, Donna Peyton,

Manuel Abarca IV, Venessa Huskey, Charlie Franklin, Jeanie Lauer

and Sean E. Smith

(ADOPTED)

21354

A motion was made by Jalen Anderson, seconded by Manuel Abarca IV, to

adopt Resolution #21354, recognizing Marlon Andrews II on completion of

the Macedonia Baptist Church’s two-year Youth Leadership Program. The

motion passed by a roll call vote:

Yes: 8 -

DaRon McGee, Jalen Anderson, Donna Peyton, Manuel Abarca IV,

Venessa Huskey, Charlie Franklin, Jeanie Lauer and Sean E. Smith

Absent: 1 - Megan L. Marshall

(ADOPTED)

21355

A motion was made by Megan L. Marshall, seconded by Manuel Abarca IV,

to adopt Resolution #21355, congratulating Hope House domestic violence

shelter on the occasion of its “Believe 2023” annual fundraising gala to be

held August 5, 2023, at Loews Kansas City Hotel. The motion passed by a

roll call vote:

Yes: 9 -

DaRon McGee, Megan L. Marshall, Jalen Anderson, Donna Peyton,

Manuel Abarca IV, Venessa Huskey, Charlie Franklin, Jeanie Lauer

and Sean E. Smith

(ADOPTED)

COUNTY EXECUTIVE ORDERS

None.

UNFINISHED BUSINESS

DaRon McGee said the County Executive vetoed Ordinance #5764 related

to the use tax. Legislative Rules require six affirmative votes to override the

veto.

Charlie Franklin, County Legislator, said he will vote for this to move the

issue forward. But, he said, he believes the Legislature is being stubborn by

not listening to the recommendation of County Administrator Troy Schulte.

He feels it would be nice if everyone can get together and work together on

the common goal.

A motion was made by Megan Marshall, seconded by Venessa Huskey to

override the veto of Ordinance #5764. The motion passed by a roll call vote:

Yes: 6 - Donna Peyton, Megan Marshall, Manuel Abarca IV, Venessa

Huskey, Charlie Franklin and DaRon McGee

No: 3 - Jalen Anderson, Jeanie Lauer and Sean Smith

NEW BUSINESS

Closed meeting per Resolution #21348.

The County Legislature recessed to go into closed session.

The County Legislature reconvened.

Sean E. Smith distributed a resolution from the floor without a number. He

said it was a petition asking the Board of Equalization to act to provide a

level rate. Bryan Covinsky, County Counselor, said resolutions need to go

through the County Counselor’s Office, to be approved to form and to

appear on the printed agenda. The County Counselor’s office will review the

draft and have it on next week’s agenda.

Sean E. Smith requested an ordinance to enact SB190. Mr. Covinsky said

he will need to review that information. He sent an email with feedback about

SB190 to some of the legislators. He will forward that information to all the

Legislators. This information is from the Missouri Association of Counties.

Mr. Smith said SB190 will not go into effect until August 28, 2023. He said

many seniors do not feel comfortable with the appeal process. He wants this

ordinance to be on a firm timeline. DaRon McGee, County Legislator,

requested something to be drafted by next week on language for SB190.

Mr. Covinsky said no County in Missouri has passed any legislation on

SB190.

ADJOURNMENT

A motion was made by Jeanie Lauer, seconded by Venessa Huskey, to

adjourn the meeting. The motion passed by a voice vote.

Meeting adjourned until Monday, August 7, 2023 at 3:00 P.M. at the

Jackson County Courthouse, 415 E. 12th Street, Kansas City, Missouri,

2nd Floor, Legislative Assembly Area.