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, October 30, 2023

3:00 PM

Fortieth 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 Megan L. Marshall to

approve the journal of the previous meeting held on October 24, 2023. The

motion passed by a voice vote.

HEARINGS

None.

COMMUNICATIONS WITH AND REPORTS OF THE COUNTY EXECUTIVE

There was no report from the County Executive’s Office. The County

Executive was not present.

Jeanie Lauer, County Legislator, asked about kiosks across the County to

provide greater convenience for taxpayers to pay their tax bills. Troy Schulte,

County Administrator, said the Administration has been working with a

selected vendor for several months. He will get an update to provide to

Legislators. Mr. Schulte said he was not sure the system would be up and

running in time for this years’ tax payments. Ms. Lauer said Greene County

has established a pay by phone system for taxpayers who do not have

access to a computer. Anthony Mitts, Acting Director of Collections,

reported that the Collection Department just completed a soft launch of the

phone payment system. There were some issues with the Spanish language

portion of the system, and they are fine tuning those details and hope to

have the system working before the end of November. The main goal was to

assist the Spanish speaking population.

Manuel Abarca IV, County Legislator, asked about the email notice process

related to tax bills. Troy Schulte said everyone who uses the PayIt online

system received the notice that tax bills were ready online. The mailing of tax

bills will occur after the first week of November. This has been a routine

notification system for the past few years. Whitney Miller, Chief Deputy

County Counselor, said this has been the same procedure as the past three

years. Nothing is different than what the County has traditionally done.

Mr. Abarca asked for an update on the data regarding appeals that the

Legislature had requested. Mr. Schulte said there is no update.

Mr. Abarca asked about a recommendation for people who have not yet had

their hearing with the Board of Equalization (BOE), but still have tax bills due

at the end of the year. Whitney Miller said the law requires that taxpayers pay

the taxes on the certified value by the end of the year. The intent is to have

nearly all appeals resolved before the end of the year. If the value is resolved

before the end of the year, the tax bill will be adjusted. If the value is adjusted

after the tax bill has been paid, a refund will automatically be issued. This

process becomes stickier when taxes are paid under protest. If a taxpayer

pays under protest, those funds are held in a segregated account and those

funds are released quarterly. Mr. Abarca said the legitimacy of this process

is problematic to him. He is concerned that taxpayers are being asked to

overpay their taxes. Whitney Miller said,so far, there has been no legal

justification stating that the reassessment process is not valid. There is a

process set in place for taxpayers to question those values. By law we are

required to collect those taxes on the certified values.

Resolutions #21448 and #21456 were adopted at this time. See pages 6

and 8 for details.

PERFECTION OF PROPOSED ORDINANCES AND REPORTS OF COMMITTEE

5789

Appropriating $110,000.00 from the undesignated fund balance of the 2023

Assessment Fund to cover the cost of salaries and overtime for the

remainder of the 2023 Board of Equalization (BOE) appeals docket.

(WITHDRAWN BY SPONSOR CHARLIE FRANKLIN. CONCURRED BY

JEANIE LAUER AND SEAN E. SMITH.)

5797

5802

AN ORDINANCE repealing sections 9103. and 9104., Jackson County

Code, 1984, relating to the Board of Equalization, and enacting, in lieu

thereof, two new sections relating to the same subject.

(Budget Committee - 4th. Perfection)

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

perfect Ordinance #5802. The motion passed by a voice vote.

(PERFECTED)

Consent Agenda.

5803

5804

5805

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

perfect Ordinance #5803. The motion passed by a voice vote.

(PERFECTED)

Consent Agenda.

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

perfect Ordinance #5804. The motion passed by a voice vote.

(PERFECTED)

Consent Agenda.

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

perfect Ordinance #5805. The motion passed by a voice vote.

(PERFECTED)

Consent Agenda.

5806

5807

Repealing section 727., Jackson County Code, 1984, relating to election of

insurance coverage for former employees.

(WITHDRAWN BY SPONSOR MEGAN L. MARSHALL. CONCURRED BY

JEANIE LAUER AND MANUEL ABARCA IV.)

AN ORDINANCE appropriating $11,205.00 from the undesignated fund

balance of the 2023 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.

(Justice and Law Enforcement Committee - 1st. Perfection)

5808

5809

Justice and Law Enforcement Committee moved to perfect. Consent

Agenda.

Justice and Law Enforcement Committee moved to perfect. Consent

Agenda.

FINAL PASSAGE OF PROPOSED ORDINANCES

None.

RESOLUTIONS IN COMMITTEE

Land Use Committee moved to adopt. Consent Agenda.

Finance and Audit Committee moved to adopt. Consent Agenda.

Public Works Committee moved to adopt. Consent Agenda.

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

adopt Resolution #21444, transferring $1,023,821.00 from the 2023

General Fund and authorizing payments to cover costs to be incurred in

connection with the November 7, 2023, special election. 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)

CONSENT AGENDA

5808

AN ORDINANCE transferring $129,537.00 within the 2023 Anti-Crime

Sales Tax Fund, appropriating $277,378.00 from the undesignated fund

balance of the 2023 Anti-Crime Sales Tax Fund, and authorizing an

extension to the Victims of Crime Act Grant for use by the Prosecuting

Attorney’s Office’s Victim Services Program.

(PERFECTED)

5809

5802

AN ORDINANCE appropriating $66,155.00 from the undesignated fund

balance of the 2023 Grant Fund in acceptance of the Missouri Western

Interdiction and Narcotics Task Force grant awarded by the Missouri

Department of Public Safety.

(PERFECTED)

AN ORDINANCE amending the zoning districts established pursuant to the

Unified Development Code by rezoning a certain 9.91± acre tract from

District AG (Agricultural) to District RE (Residential Estates).

(ADOPTED)

5803

5804

5805

AN ORDINANCE amending the zoning districts established pursuant to the

Unified Development Code by rezoning a certain 8.00± acre tract from

District AG (Agricultural) to District RE (Residential Estates).

(ADOPTED)

AN ORDINANCE amending the zoning districts established pursuant to the

Unified Development Code by rezoning a certain 5.00± acre tract from

District AG (Agricultural) to District LI (Light Industrial).

(ADOPTED)

AN ORDINANCE repealing sections 24004.14, 24004.15 and 24004.16,

Jackson County Code, 1984, relating to the Unified Development Code

Amendment, FEMA Updates, and enacting, in lieu thereof, three new

sections relating to the same subject.

(ADOPTED)

21440

A RESOLUTION awarding a contract for the purchase of one patrol boat

and one boat trailer for use by the Parks + Rec Department - Ranger

Division to LSK Lebanon, Inc., of Lebanon, MO under the terms and

conditions of State of Missouri Contract No. CC232078005, an existing,

competitively bid government contract, at an actual cost to the County in the

amount of $38,957.00.

(ADOPTED)

21441

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

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

construction equipment parts and maintenance services for use by various

County departments to Viking Cives Midwest of Grain Valley, Missouri

under the terms and conditions of Invitation to Bid No. 23-046.

(ADOPTED)

21442

21443

A RESOLUTION authorizing a five-month extension to an existing term and

supply contract for the furnishing of lockbox services for use by the

Collections Department to UMB Bank of Kansas City, MO, under the terms

and conditions of Request for Proposals 58-18.

(ADOPTED)

A RESOLUTION awarding a contract for the purchase of a heavy equipment

lift to Quality Automotive Equipment & Service of Paola, KS under the terms

and conditions of Sourcewell Contract No. 013020-SKI, an existing,

competitively bid government contract for use by the Public Works Road and

Bridge Division, at an actual cost to the County in the amount of $58,552.00.

(ADOPTED)

Ordinances #5808 and #5809 were moved to the Consent Agenda for

perfection. Ordinances #5802, #5803, #5804, #5805 and Resolutions

#21440, #21441, #21442, and #21443 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

5810

Appropriating $35,000.00 from the undesignated fund balance of the 2023

Prosecuting Attorney’s Delinquent Sales Tax Fund to cover the purchase of

furniture and the disposal of surplus furniture items under an existing term

and supply contract for use by the Prosecuting Attorney’s Office.

(Assigned to the Anti-Crime Committee.)

5811

Repealing Schedule I, Chapter 50, Jackson County Code, 1984, relating to

park fees and charges and enacting, in lieu thereof, one new schedule

relating to the same subject.

(Assigned to the Land Use Committee.)

INTRODUCTION OF PROPOSED RESOLUTIONS AND ASSIGNMENT TO COMMITTEE

21448

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

adopt Resolution #21448, recognizing the valuable contributions of Italian

American first responders during October, Italian American Heritage and

Culture Month. 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)

21449

Awarding a term and supply contract for the furnishing of HVAC products,

installation, and services for use by the Facilities Management Division of

the Public Works Department to Johnson Controls, Inc. of Lenexa, KS, under

the terms and conditions of the Sourcewell Contract No. 070121-JHN, an

existing, competitively bid government contract.

(Assigned to the Public Works Committee.)

21450

Awarding a fourteen-month term and supply contract, with one

twenty-four-month option to extend, for the furnishing of public safety

communications products, services, and solutions for radio maintenance for

use by various departments to Motorola Solutions of Chicago, IL, under the

terms and conditions of the State of Missouri Contract No. CT221247003,

an existing competitively bid government contract.

(Assigned to the Finance and Audit Committee.)

21451

21452

Declaring certain County-owned vehicles as surplus property and

authorizing their disposal pursuant to Chapter 11 of the Jackson County

Code, 1984.

(Assigned to the Public Works Committee.)

Authorizing the Director of Parks + Rec to execute a Memorandum of

Understanding with the Heartland Conservation Alliance for the

programming and improvement of the Blue River Parkway, at an actual cost

to the County in the amount of $30,000.00.

(Assigned to the Land Use Committee.)

21453

21454

Supporting a Land and Water Conservation Fund Grant application by the

Parks + Rec Department for the Blue River Parkway Enhancement Project

at Alex George Wetland Recreational Area.

(Assigned to the Land Use Committee.)

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

adopt Resolution #21454, authorizing the Jackson County Legislature to

hold a closed meeting on Monday, October 30, 2023, for the purpose of

conducting privileged and confidential communications between itself and

the Jackson County Counselor under section 610.021(1) and (12) 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)

21455

21456

21457

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

to adopt Resolution #21455, declaring November 1 through November 11,

2023, 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: 9 -

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

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

and Sean E. Smith

(ADOPTED)

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

adopt Resolution #21456, recognizing High Aspirations on the occasion of

its Mentors Challenge event, featuring keynote speaker Coach Ken Carter,

to be held November 3, 2023, at the Kansas City Marriott Downtown. 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)

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

adopt Resolution #21457, awarding a contract for the furnishing and

installation of audio-visual equipment at the Eastern Jackson County

Courthouse for use by the County Legislature to Harvest AV Solutions of

Kansas City MO, under the terms and conditions set forth in Circuit Court of

Jackson County, Missouri Contract No. 2353-19-25, an existing government

contract, at an actual cost to the County not to exceed $25,449.00. 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)

21458

Authorizing the County Executive to execute an Extension to the

Cooperative Agreement with ArtsKC for the implementation of an arts

strategic plan for Jackson County, at a cost to the County not to exceed

$250,000.00.

(Assigned to the Emerging Issues Committee.)

No objection to the consideration of Resolutions #21459 and #21460 - not

on printed agenda.

21459

A motion was made by Donna Peyton, seconded by Jeanie Lauer, to adopt

Resolution #21459, approving the settlement by the County Counselor of the

claims of Darryl James related to employment with the Jackson County

Detention Center, for a total payment by the County of $650,000.00. The

motion passed by a roll call vote:

Yes: 7 -

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

Venessa Huskey, Charlie Franklin and Jeanie Lauer

Abstain: 2 - Manuel Abarca IV and Sean E. Smith

(ADOPTED)

21460

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

adopt Resolution #21460, approving the settlement by the County Counselor

of the claims of Celestine Williams related to employment with the Auditor’s

Office, for a total payment by the County of $80,000.00. 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

23-19

I hereby appoint Mari Ruck as Director of Collections, effective January 8,

2024, to fill the vacancy occasioned by the resignation of Whitney S. Miller.

Ms. Ruck’s resume is attached.

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

disapprove County Executive Order #23-19.

Jeanie Lauer asked for the reasons behind the motion. Mr. Abarca said the

Legislature does not know the person appointed. The Legislature was not

informed of the process to select this person. The County has several

positions that are not filled as well. Sean E. Smith, County Legislator, said

he would like to do more due diligence. The County Legislature just received

this information and he wants to know more about the candidate. He said

this is an important decision.

Jalen Anderson, County Legislator, asked if the Legislature intends to do

this on every appointment, because the Legislature has already approved

people that they do not know. Mr. Abarca said the Legislature has positions

that are unfilled. The Legislature has a director who is not getting paid for

that position. These questions need to be directed at the Administration.

Sean E. Smith said his objection is with the late notice.

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

disapprove County Executive Order #23-19. The motion passed by a roll call

vote:

Yes: 6 - DaRon McGee, Megan L. Marshall, Donna Peyton, Manuel Abarca

IV, Venessa Huskey, and Sean E. Smith

No: 3 - Jalen Anderson, Charlie Franklin, and Jeanie Lauer

UNFINISHED BUSINESS

None.

NEW BUSINESS

The County Legislature recessed and went into closed session.

Closed meeting per Resolution #21454. The closed meeting may be

followed by the introduction and adoption of a Resolution in open session to

authorize the settlement of a legal action, cause of action, or litigation

matter.

The County Legislature reconvened.

Resolutions #21459 and #21460 were adopted at this time. See page 9 for

details.

ADJOURNMENT

A motion was made by Jalen Anderson, seconded by Jeanie Lauer, to

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

Meeting adjourned until Monday, November 6, 2023 at 3:00 P.M. at the

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

Floor, Legislative Assembly Area.