Jackson County Missouri

JOURNAL

Jackson County Courthouse

415 E.12th Street, 2nd floor

Kansas City, Missouri 64106

(816)881-3242

County Legislature

Jeanie Lauer (5th) 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), DaRon McGee (4th),

Sean E. Smith (6th)

Clerk of the County Legislature

Monday, November 4, 2024

3:00 PM

Forty-second Regular Meeting

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

Megan L. Marshall, Chairman, called the meeting of the Jackson County Legislature to order.

ROLL CALL

Present 8 -

Megan L. Marshall, Jalen Anderson, Donna Peyton, Manuel Abarca

IV, Venessa Huskey, Charlie Franklin, DaRon McGee and Sean E.

Smith

Excused 1 - Jeanie Lauer

THE PLEDGE OF ALLEGIANCE

Recited.

APPROVAL OF THE JOURNAL OF THE PREVIOUS MEETING

A motion was made by Jalen Anderson, seconded by Venessa Huskey to

approve the journal of the previous meeting held on October 30, 2024. The

motion passed by a voice vote.

HEARINGS

Public hearing regarding Ordinances #5895 and #5896.

Megan L. Marshall said there is a sign-up sheet in the foyer for those who

would like to speak. A public hearing is a formal process to hear testimony

from all interested parties. Persons who testify will be sworn in. Testimony

can be given orally or in writing or both. You can provide it to the Clerk of the

County Legislature or email it to be included with the public record. Please

include name, phone number and email address with each submission. She

said this is a one-way conversation and legislators will not be responding.

Each person will have 3 minutes to speak, and Ms. Giudici will be the

timekeeper.

Ms. Marshall opened the public hearing.

Testimony was given by the following:

John Fierro, President and CEO of Mattie Rhodes Center

Michael Baxley, Director of Development at Englewood Arts

Ryan Hudnall, Executive Director of Della Lamb Community Services

Julie Donelon, President/CEO of Metropolitan Organization Countering

Sexual Assault (MOCSA)

James Moran, Our Spot KC

Margaret Perkins-McGuinness, Deputy Director for Philanthropy at The

Kansas City Public Library

Lindsey Reed-Clifford, President/CEO of Starlight

Andy Rieger, owner of J. Rieger & Co.

Evie Craig, Executive Director of The Arts Asylum and representing

Missouri Citizens for the Arts

Matthew Baysinger, Founder Sinkers Lounge (mini golf cocktail bar and

restaurant), Blade & Timber Axe Throwing and Breakout KC escape room

Stacy Mayer, Director of Development at ReStart, Inc.

Branden Haralson, Senior Manager of Public Policy and Government

Relations with Arts KC

Stacey Calderon, CEO of Kansas City Unidos Federal Credit Union (Report

attached.)

Tracey Lewis, President and CEO of Economic Development Corporation

of Kansas City on behalf of small businesses and restaurants

Jordan Schiele, Project Director at Jerusalem Farm

Mark Irvin, CEO of Wise Owl Venture

Stewart Tilmon, Institute for Social Change

The public hearing was closed.

COMMUNICATIONS WITH AND REPORTS OF THE COUNTY EXECUTIVE

Frank White Jr., County Executive, presented a proclamation to Darcus

Speed Gates, wife of George Gates and named September 29, 2024,

Darcus Speed Gates Day in Jackson County, Missouri.

Caleb Clifford, Chief of Staff, said there were no further reports from the

County Executive.

Manuel Abarca IV, County Legislator, asked about the letter from the County

Executive received today, specifically the $230 million referenced and how it

was spent in the community. He also asked if the amount included CARES

and ARPA monies. Caleb Clifford said he would need to get the information

and send it to the County Legislature. Mr. Abarca said in the recovery plan

from 2021, it references $122.6 million in CARES Act dollars with the

breakdown as follows, $88 million in revenue replacement, $28.5 million in

support for ongoing public health response and recovery needs, $20 million

to mitigate economic impacts caused by the public health emergency, none

of which goes to the community. He said it appears $90,000.00 went to

organizations and a couple other $100,000.00 requests that went to the

community.

Caleb Clifford responded that over $50 million was used for rental and utility

assistance, University Health received over $30 million, Swope Health and

Samuel Rodgers Health Centers received millions as well.

Mr. Abarca asked how Jackson County provided small businesses the

opportunity to receive relief. Mr. Clifford responded that Jackson County

partnered with the City of Kansas City, Missouri for a small business loan

program during the term of the prior County Legislature. Mr. Abarca said he

cannot account for that money.

Mr. Abarca asked if Mr. Clifford was aware that the St. Louis County

Commission, which is a charter form of government like Jackson County,

appropriated CARES and ARPA monies. Mr. Clifford said he is not familiar

with the process they used.

Manuel Abarca IV asked about the status of the assessment process for

2025. Caleb Clifford said state statutes guide the process and staff are

currently working on the process, but no properties can be assessed prior to

January 1, 2025. They are collecting data and information on properties as

required by state statute and the State Tax Commission. Within the statutory

limitations, staff are working with property owners to gather data. Mr. Abarca

asked if there will be any public notice to taxpayers. Mr. Clifford said the

Assessor has done numerous media discussions and interviews, they also

use social media to convey the notice and leave flyers for homeowners who

are not home to advise of the opportunity for an internal inspection. Mr.

Abarca said copies of the notice would be helpful to him and the public.

Manuel Abarca IV asked if there is any guidance on the senior tax credit

program and how it pertains to estates in a trust. Caleb Clifford said the

literature on the senior tax credit program includes information regarding

trust accounts. Jackson County is going to interpret the statute as allowing

for trusts to participate in the program and will do so until a competent court

says otherwise.

Jalen Anderson, County Legislator, wanted to recognize the Human

Resources Department for their dedication in assisting associates during

open enrollment. Caleb Clifford thanked Mr. Anderson and the County

Legislature for their support in the robust compensation plan for 2025.

Sean E. Smith, County Legislator, referenced a memo to county associates

sent today from the County Executive regarding county policy for time off for

voting on election day. He said it was short on specifics, so he asked how

much time associates were allowed for voting.

Caleb Clifford said the County Code states that associates receive 3 hours

of compensated time for voting purposes. They can receive additional time

if necessary by working with their directors or appointing authorities.

Mr. Smith asked if there were any positions in Jackson County that would be

exempt. Mr. Clifford responded no. Mr. Smith asked if an associate is not

allowed time to vote what action is necessary. Mr. Clifford said they should

advise the HR Department for assistance. Mr. Smith said HR should not

need to be involved but instead managers should be following the County

Code. Mr. Clifford said if he could get details, he could look into the case.

Mr. Smith said the associates are speaking to him confidentially for fear of

retaliation so unfortunately, he could not provide details. He has asked the

County Counselor’s office and the Office of Ethics, Human Relations and

Citizen Complaints to work on whistleblower provisions to incorporate into

the County Code so associates would not have to fear for their jobs when

they report misconduct of their managers and directors. He said he made

his request over a year ago and asked the status of his request. Mr. Clifford

does not know the status of his request or the specifics.

PERFECTION OF PROPOSED ORDINANCES AND REPORTS OF COMMITTEE

Resolutions #21791 through #21795 were adopted at this time. See pages

11 - 12 for details.

5894

Justice and Law Enforcement Committee moved to perfect. Consent

Agenda.

FINAL PASSAGE OF PROPOSED ORDINANCES

5865

Consent Agenda.

Manuel Abarca IV objected to the Consent Agenda.

5865

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

adopt Ordinance #5865, enacting section 5577., Jackson County Code,

1984, relating to possession of firearms and age restriction. The motion

passed by a roll call vote:

Yes: 8 -

Megan L. Marshall, Jalen Anderson, Donna Peyton, Manuel Abarca

IV, Venessa Huskey, Charlie Franklin, DaRon McGee and Sean E.

Smith

Excused: 1 - Jeanie Lauer

(ADOPTED)

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

adopt Ordinance #5895. Mr. Abarca withdrew his motion to adopt.

A motion was made by Manuel Abarca IV, seconded by Sean E. Smith to

suspend the rules to take up Ordinance #5895. The motion passed by a roll

call vote:

Yes: 5 - Donna Peyton, Manuel Abarca IV, Venessa Huskey, DaRon McGee

and Sean E. Smith

No: 2 - Megan L. Marshall and Jalen Anderson

Abstain: 1 - Charlie Franklin

Excused: 1 - Jeanie Lauer

Bryan Covinsky, County Counselor, said the motion to suspend the rules

failed due to Rule 27 in the Rules of the County Legislature which states a

two-thirds majority is necessary.

Sean E. Smith asked for clarification of Rule 27. He stated that since one

legislator abstained and the other was absent the majority was

accomplished and therefore the motion to suspend the rules passed.

Whitney Miller, Chief Deputy County Counselor, agreed with Mr. Smith that

the motion to suspend the rules did pass.

Jalen Anderson asked why the rules needed to be suspended for Ordinance

#5895. Manuel Abarca IV responded that the ordinance was not approved

to form by the County Counselor.

Discussion regarding Ordinance #5895.

A motion was made by Manuel Abarca IV, seconded by Sean E. Smith to

call for the question to end debate. The motion passed by a roll call vote:

Yes: 6 - Donna Peyton, Manuel Abarca IV, Venessa Huskey, Charlie

Franklin, DaRon McGee and Sean E. Smith

No: 2 - Megan L. Marshall and Jalen Anderson

Excused: 1 - Jeanie Lauer

5895

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

adopt Ordinance #5895, appropriating $70.4 million from the undesignated

fund balance of the 2024 American Rescue Plan Fund. The motion passed

by a roll call vote:

Yes: 5 -

Donna Peyton, Manuel Abarca IV, Venessa Huskey, DaRon McGee

and Sean E. Smith

No: 2 - Megan L. Marshall and Jalen Anderson

Abstain: 1 - Charlie Franklin

Excused: 1 - Jeanie Lauer

(ADOPTED)

Comments regarding Ordinance #5895 made by Legislators Donna Peyton,

Jalen Anderson, Manuel Abarca IV, and Charlie Franklin.

A motion was made by Manuel Abarca IV, seconded by Donna Peyton to

suspend the rules for Ordinance #5896. The motion failed by a roll call vote:

Yes: 5 - Donna Peyton, Manuel Abarca, Venessa Huskey, DaRon McGee

and Sean E. Smith

No: 3 - Megan L. Marshall, Jalen Anderson and Charlie Franklin

Excused: 1 - Jeanie Lauer

Discussion regarding Ordinance #5896.

Jalen Anderson asked about the undesignated fund balance and the

Jackson County Health Department. Bryan Covinsky replied.

Megan L. Marshall passed the gavel to Charlie Franklin and he assumed the

Chair.

Ms. Marshall said regarding Ordinance #5896, she wanted to be clear to

organizations that reached out to her individually as well as the entire County

Legislature, that she supports funding these organizations, small businesses

and properly support all Jackson County residents by doing what is fiscally

responsible. Her point of contention with this ordinance is the legality portion

since the County Counselor issued a legal opinion last week. She does her

due diligence when making each decision. It is her intent to continue working

with her colleagues and the County Executive.

Megan L. Marshall resumed the Chair.

5896

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

adopt Ordinance #5896, appropriating $30 million from the undesignated

fund balance of the general fund. The motion passed by a roll call vote:

Yes: 5 -

Donna Peyton, Manuel Abarca IV, Venessa Huskey, DaRon McGee

and Sean E. Smith

No: 3 - Megan L. Marshall, Jalen Anderson and Charlie Franklin

Excused: 1 - Jeanie Lauer

(ADOPTED)

RESOLUTIONS IN COMMITTEE

21641

A RESOLUTION authorizing the County Executive or the Chairman of the

Legislature to sell the County-owned property located at 1300 Washington

Street, Kansas City, MO 64105 via the competitive bidding process.

(Legislature As A Whole - 15th Meeting)

A motion was made by Charlie Franklin, seconded by Manuel Abarca IV to

hold Resolution #21641. The motion passed by a voice vote.

21736

21752

A RESOLUTION implementing an allocation methodology for the eventual

distribution of approximately $70.4 million in remaining Jackson County

American Rescue Plan Act funds by the end of 2024.

(Budget Committee - 7th. Meeting)

A RESOLUTION awarding a twelve-month term and supply contract, with

one twelve-month option to extend, for the furnishing of construction

management at risk services for use by various County Departments to

McCown Gordon, of Kansas City, MO, under the terms and conditions of

Request for Qualifications No. 24-051.

(Public Works Committee - 5th. Meeting)

21766

A RESOLUTION transferring $49,500.00 within the 2024 General Fund and

authorizing a contract to cover the cost of consultation and proposal services

to Colette Holt & Associates Law Firm of San Antonio, TX, at a cost to the

County not to exceed $49,500.00.

(Legislature As A Whole - 2nd. Meeting)

A motion was made by Manuel Abarca IV, seconded by Donna Peyton to

hold Resolution #21766. The motion passed by a voice vote

Finance and Audit Committee moved to adopt. Consent Agenda.

Finance and Audit Committee moved to adopt. Consent Agenda.

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

adopt Resolution #21784, authorizing the Legislative Chairman to execute

the County’s agreements with political subdivisions and nonprofit agencies

for the expenditure of 2024 Jackson County American Rescue Plan Act

(ARPA) funds, at a cost to the County not to exceed $25,979,385.00. The

motion passed by a roll call vote:

Yes: 5 -

Donna Peyton, Manuel Abarca IV, Venessa Huskey, DaRon McGee

and Sean E. Smith

No: 3 - Megan L. Marshall, Jalen Anderson and Charlie Franklin

Excused: 1 - Jeanie Lauer

(ADOPTED)

CONSENT AGENDA

5894

AN ORDINANCE appropriating $50,773.00 from the undesignated fund

balance of the 2024 Grant Fund, in acceptance of the State of Missouri

Treatment Courts Coordinating Commission Family Treatment Court

Program Grant for use by the Family Court Division.

(PERFECTED)

21779

A RESOLUTION awarding a twenty-four-month term and supply contract,

with one twelve-month option to extend, for the furnishing of plumbing

services for use by various County departments to U.S. Engineering

Service, LLC of Kansas City, MO, Rand Construction of Kansas City, MO,

and EMCOR Services Fagan of Kansas City, KS under the terms and

conditions of invitation to Bid No. 24-044.

(ADOPTED)

21780

21781

A RESOLUTION awarding a contract for the furnishing of the National

Automobile Dealers’ Association price guide for use by the Assessment

Department to J.D. Power of Troy, MI, as a sole source purchase, at an

actual cost to the County not to exceed $146,845.00.

(ADOPTED)

A RESOLUTION transferring $500,000.00 within the 2024 General Fund

and authorizing payments to cover the cost of trail repair of the Little Blue

Trace Trail and the Lake Vista Trail from existing term and supply contract

vendors.

(ADOPTED)

Ordinance #5894 was moved to the Consent Agenda for perfection.

Resolutions #21779, #21780 and #21781 were moved to the Consent

Agenda for adoption.

A motion was made by Jalen Anderson, seconded by Donna Peyton, to

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

Yes: 7 -

Megan L. Marshall, Jalen Anderson, Donna Peyton, Manuel Abarca

IV, Venessa Huskey, Charlie Franklin and Sean E. Smith

Absent: 1 - DaRon McGee

Excused: 1 - Jeanie Lauer

INTRODUCTION OF PROPOSED ORDINANCES AND ASSIGNMENT TO COMMITTEE

5897

Appropriating $195,000.00 from the undesignated fund balance of the 2024

Delinquent Sales Tax Fund for the purpose of providing a retention stipend

for the Jackson County Prosecuting Attorney’s Office.

(Assigned to the Justice and Law Enforcement Committee.)

5898

Appropriating $963,000.00 from the undesignated fund balance of the 2024

Grant Fund, in acceptance of the Unidentified Remains and Forensic

Equipment Replacement Project Grant for use by the Medical Examiner’s

Office.

(Assigned to the Finance and Audit Committee.)

5899

Appropriating $16,700.00 from the undesignated fund balance of the 2024

Grant Fund in acceptance of a grant received from the State of Missouri

Office of State Courts Administrator for use by the Jackson County Family

Court Division.

(Assigned to the Justice and Law Enforcement Committee.)

INTRODUCTION OF PROPOSED RESOLUTIONS AND ASSIGNMENT TO COMMITTEE

21785

Awarding a contract to VertiQ Software LLC, of Morgan Hill, CA, for the

furnishing of an upgrade of the case management software used by the

Medical Examiner’s Office, at an actual cost to the County not to exceed

$169,575.00, as a sole source purchase.

(Assigned to the Finance and Audit Committee.)

21786

21787

21788

Authorizing the Director of Finance and Purchasing to issue a check in the

amount of $13,382.00 to Allen, Gibbs, & Houlik L.C. of Overland Park, KS

for auditing services rendered.

(Assigned to the Finance and Audit Committee.)

Authorizing the County Executive to execute a temporary construction

easement in favor of Canadian Pacific Kansas City Railroad along a portion

of the Rock Island Corridor, for a fee payable to the County.

(Assigned to the Land Use Committee.)

Awarding a contract for the purchase of a drop deck trailer for use by Public

Works Department to Wicks Truck Trailers of Kansas City, Inc. of Strafford,

MO under the terms and conditions of invitation to Bid No. 24-070, at an

actual cost to the County in the amount of $53,500.00.

(Assigned to the Public Works Committee.)

21789

21790

Awarding a contract for the purchase of a milling drum for use by the Public

Works Department to Murphy Tractor & Equipment of Kansas City, MO, as

a sole source purchase, at an actual cost to the County in the amount of

$74,876.00.

(Assigned to the Finance and Audit Committee.)

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

twelve-month options to extend, for the furnishing of printing and mailing

services for use by the Assessment Department to One2One

Communications, LLC, dba OneSource of Buffalo Grove, IL, under the terms

and conditions of invitation to Bid No. 24-053.

(Assigned to the Finance and Audit Committee.)

21791

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

adopt Resolution #21791, honoring Juan Moya for his lasting contributions

to the arts and the Kansas City Community. The motion passed by a roll call

vote:

Yes: 8 -

Megan L. Marshall, Jalen Anderson, Donna Peyton, Manuel Abarca

IV, Venessa Huskey, Charlie Franklin, DaRon McGee and Sean E.

Smith

Excused: 1 - Jeanie Lauer

(ADOPTED)

21792

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

adopt Resolution #21792, recognizing the many organizations, churches,

civic groups and citizens for their work with homeless youth as part of the

designation of November as National Homeless Youth Awareness Month.

The motion passed by a roll call vote:

Yes: 8 -

Megan L. Marshall, Jalen Anderson, Donna Peyton, Manuel Abarca

IV, Venessa Huskey, Charlie Franklin, DaRon McGee and Sean E.

Smith

Excused: 1 - Jeanie Lauer

(ADOPTED)

21793

A motion was made by Manuel Abarca IV, seconded by Sean E. Smith, to

adopt Resolution #21793, celebrating the life of Donald J. Hall. The motion

passed by a roll call vote:

Yes: 7 -

Megan L. Marshall, Jalen Anderson, Donna Peyton, Manuel Abarca

IV, Venessa Huskey, Charlie Franklin and Sean E. Smith

Absent: 1 - DaRon McGee

Excused: 1 - Jeanie Lauer

(ADOPTED)

21794

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

adopt Resolution #21794, honoring the Central High School Class of 1974

on their 50th Year Class Reunion. The motion passed by a roll call vote:

Yes: 8 -

Megan L. Marshall, Jalen Anderson, Donna Peyton, Manuel Abarca

IV, Venessa Huskey, Charlie Franklin, DaRon McGee and Sean E.

Smith

Excused: 1 - Jeanie Lauer

(ADOPTED)

21795

A motion was made by Jalen Anderson, seconded by Sean E. Smith, to

adopt Resolution #21795, declaring November 4 through November 11,

2024, as Green Light for Veterans, a time to honor and salute the service

and sacrifices of our men and women in uniform. The motion passed by a

roll call vote:

Yes: 8 -

Megan L. Marshall, Jalen Anderson, Donna Peyton, Manuel Abarca

IV, Venessa Huskey, Charlie Franklin, DaRon McGee and Sean E.

Smith

Excused: 1 - Jeanie Lauer

(ADOPTED)

COUNTY EXECUTIVE ORDERS

None.

UNFINISHED BUSINESS

A motion was made by Manuel Abarca IV, seconded by Sean E. Smith to

discharge Resolution #21784 from the Budget Committee to the Legislature

As A Whole. The motion passed by a roll call vote:

Yes: 5 - Donna Peyton, Manuel Abarca IV, Venessa Huskey, Charlie

Franklin, DaRon McGee and Sean E. Smith

No: 2 - Megan L. Marshall and Jalen Anderson

Excused: 1 - Jeanie Lauer

Whitney Miller stated that Rule 21 regarding discharging from committee

requires five votes.

Resolution #21784 was adopted at this time. See page 8 for details.

NEW BUSINESS

ADJOURNMENT

Megan L. Marshall excused the absence of Jeanie Lauer.

A motion was made by Sean E. Smith, seconded by Manuel Abarca IV, to

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

Meeting adjourned until TUESDAY, November 12, 2024 at 3:00 P.M. at the

Jackson County Courthouse, 415 E. 12th Street, Kansas City, Missouri, 2nd

Floor, Legislative Assembly Area.