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, October 14, 2024

3:00 PM

Thirty-ninth Regular Meeting

Eastern Jackson County Courthouse, 308 W. Kansas, Independence, Missouri, Ground

Floor, Legislative Chambers

Jeanie Lauer, Chairman, called the meeting of the Jackson County Legislature to order.

ROLL CALL

Present 9 -

Jeanie Lauer, Megan L. Marshall, Jalen Anderson, Donna Peyton,

Manuel Abarca IV, Venessa Huskey, Charlie Franklin, DaRon

McGee and Sean E. Smith

THE PLEDGE OF ALLEGIANCE

Recited.

Jeanie Lauer welcomed three students from Rockhurst High School who

were present to observe County government for their Honors American

government class. She asked Patrick Sanders, Pete Mandacina and

Michael Redlich to lead the Pledge of Allegiance.

APPROVAL OF THE JOURNAL OF THE PREVIOUS MEETING

A motion was made by Megan L. Marshall, seconded by Jalen Anderson to

approve the journal of the previous meeting held on October 07, 2024. The

motion passed by a voice vote.

HEARINGS

None.

COMMUNICATIONS WITH AND REPORTS OF THE COUNTY EXECUTIVE

The County Executive was not present. Sylvya Stevenson, Chief

Administrative Officer, said there were no reports.

Manuel Abarca IV, County Legislator, asked about the Fidlar contract

approval process without direct compliance. Caleb Clifford, Chief of Staff,

said Troy Schulte, County Administrator, has information regarding the

process and contract but he is not available today. Mr. Clifford said the

County Administrator and the County Counselor will get back to the County

Legislature on the process.

Manuel Abarca IV asked who the authorized officers are for Jackson County

who can sign contracts. Caleb Clifford said it depends and he would need

more specificity on the question and the County Counselor can get an

answer to his question. Bryan Covinsky, County Counselor, said he will pull

up the County Code but he believes it is the County Executive and the Chief

Finance Officer. Mr. Covinsky said he will look into the contract with Fidlar,

as discussed during the committee meeting today.

Manuel Abarca IV asked the Administration why their intent was to use

ARPA monies over General Fund monies in the Undesignated Fund

balance to repair certain county infrastructure issues. Caleb Clifford said he

does not know if it was the intent of the Administration. The Director of

Public Works in his testimony said it was necessary to fill in the blanks to

complete the form. However, as discussed it would need the County

Legislature's approval. So no funding will be used unless it is specifically

approved by the County Legislature. They were trying to move these projects

along so they would be shovel ready when approved by the Legislature.

Mr. Abarca said the Administration has spoken to several legislators about

using ARPA funds instead of General Funds for repairing the courthouse

stairs, 1300 Washington and the 1st floor of the Kansas City Courthouse.

Caleb Clifford responded to the question of why the Administration has a

preference to use ARPA dollars over Undesignated Fund balance for

infrastructure repairs. He said last week there were financial opinions

shared from Moody's, S & P and others regarding the county's financial

situation. They noted two major factors that are consistent. One is the large

debt burden held by the County which is a downward impact on the County's

financial standing. However, the undesignated fund balance, to the credit of

the County Legislature, has grown over the past few years, is a positive

impact. By keeping the fund balance at these levels, it will improve or

maintain the county's financial standing to save tax dollars when debt

issuances are done. In addition, the county can avoid using our insurance

policy and/or to cover costs for unprecedented legal judgments. The

undesignated fund balance provides the County flexibility without damaging

our credit rating while also providing an option of not having to use insurance

which would save tax dollars and allow us to do more with less in Jackson

County.

Manuel Abarca IV said there is $90 million credit balance but it is never

used for deferred maintenance. He asked if there is an obligation bond in

the near future since the Administration is concerned with good credit.

Mr. Clifford said there are numerous situations that it would be

advantageous to the County. Moving forward if the Federal Reserve lowers

interest rates, the additional funds in the undesignated fund balance will

allow the County to get a lower rate on any refinancing. The County Capital

Improvement Fund for the first time in several years will not be available next

year to use for deferred maintenance because the funds will be used for

debt service for the new jail.

Mr . Abarca still does not understand the preference of the Administration,

the justification is to have ample credit available.

Sean E. Smith said during the committee meetings a couple of contracts

were discussed: Fidlar and the construction manager at risk. It appears,

subject to further investigation, that there were some areas pertaining to

each contract that the County Code was not followed. He asked the

Administration if there is a policy in place that specifies disciplinary action if

money is spent without proper authorization.

Mr. Clifford said it depends upon the circumstances. He said the Personnel

Rules, County Code and State Statute all address the issue depending upon

the facts and circumstances.

Sean E. Smith asked the Administration to provide a summary of what

current County policies and State Statute prescribe or if policies need to be

drafted by the Legislature. Mr. Clifford said he is happy to work with Mr.

Smith and provide the answers to his request.

Resolution #21767 was adopted at this time. See page 10 for details.

PERFECTION OF PROPOSED ORDINANCES AND REPORTS OF COMMITTEE

Whitney Miller, Chief Deputy County Counselor, explained the Floor

Substitute dated October 14, 2024 for Ordinance #5865. She said it mirrors

Missouri State Statute and the City of Kansas City, Missouri has similar

language in their code.

Jean Peters Baker, Prosecuting Attorney also spoke to the substitute and

said it will apply to the unincorporated areas in Jackson County, Missouri.

Discussion.

Sean E. Smith asked for a legal opinion on the revised version of this

ordinance. Bryan Covinsky, County Counselor, said he will need to review it

and get back to the Legislature.

5865

A motion was made by Manuel Abarca IV, seconded by DaRon McGee, to

approve the Floor Substitute dated October 14, 2024 for 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: 5 -

Jalen Anderson, Donna Peyton, Manuel Abarca IV, Charlie Franklin

and DaRon McGee

No: 2 - Jeanie Lauer and Megan L. Marshall

Abstain: 1 - Sean E. Smith

Absent: 1 - Venessa Huskey

(ADOPTED)

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

hold Ordinance #5865. The motion passed by a roll call vote:

Yes: 8 - Jeanie Lauer, Megan L. Marshall, Jalen Anderson, Donna Peyton,

Manuel Abarca IV, Charlie Franklin, DaRon McGee and Sean E. Smith.

Absent: 1 - Venessa Huskey

AN ORDINANCE renewing a conditional use permit (CUP) in District AG

(Agricultural) for a term of 50 years for the continuous operation of a

125-foot radio transmission tower.

(Land Use Committee - 1st. Perfection)

AN ORDINANCE amending the zoning districts established pursuant to the

Unified Development Code by rezoning a certain 3.89± acre tract from

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

(Land Use Committee - 1st. Perfection)

AN ORDINANCE amending the zoning districts established pursuant to the

Unified Development Code by rezoning a certain 10.05± acre tract from

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

(Land Use Committee - 1st. Perfection)

AN ORDINANCE vacating of Lots 1 & 2, Major Meadows, a subdivision in

Jackson County, and revert the zoning back to District AG (Agricultural) to

create 10.05± acre tract.

(Land Use Committee - 1st. Perfection)

A motion was made by Charlie Franklin, seconded by Jalen Anderson to

waive the reading of Ordinances #5885, #5886, #5887, #5888. The motion

passed by a voice vote.

The Land Use Committee will have a public hearing on the above mentioned

Ordinances on Monday, October 21, 2024 at 1:30 p.m. in the Kansas City

Legislative Assembly Area located at 415 E. 12th Street, 2nd Floor, Kansas

City, Missouri.

5889

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

perfect Ordinance #5889, The motion passed by a roll call vote:

Yes: 9 -

Jeanie Lauer, Megan L. Marshall, Jalen Anderson, Donna Peyton,

Manuel Abarca IV, Venessa Huskey, Charlie Franklin, DaRon

McGee and Sean E. Smith

(PERFECTED)

5889

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

adopt Ordinance #5889, appropriating $90,000.00 from the undesignated

fund balance of the 2024 Grant Fund, in acceptance of additional grant

funds received by the Family Court Division from the State of Missouri

Department of Social Services. The motion passed by a roll call vote:

Yes: 9 -

Jeanie Lauer, Megan L. Marshall, Jalen Anderson, Donna Peyton,

Manuel Abarca IV, Venessa Huskey, Charlie Franklin, DaRon

McGee and Sean E. Smith

(ADOPTED)

5890

A motion was made by Megan L. Marshall, seconded by Jalen Anderson, to

perfect Ordinance #5890, The motion passed by a roll call vote:

Yes: 9 -

Jeanie Lauer, Megan L. Marshall, Jalen Anderson, Donna Peyton,

Manuel Abarca IV, Venessa Huskey, Charlie Franklin, DaRon

McGee and Sean E. Smith

(PERFECTED)

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

adopt Ordinance #5890, appropriating $69,345.00 from the undesignated

fund balance of the 2024 Grant Fund, in acceptance of a three-month

extension of the VOCA Grant awarded to the Jackson County Prosecutor’s

Office by the Missouri Department of Social Services. The motion passed

by a roll call vote:

Yes: 9 -

Jeanie Lauer, Megan L. Marshall, Jalen Anderson, Donna Peyton,

Manuel Abarca IV, Venessa Huskey, Charlie Franklin, DaRon

McGee and Sean E. Smith

(ADOPTED)

FINAL PASSAGE OF PROPOSED ORDINANCES

None.

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.

(Land Use Committee - 2nd Meeting)

A motion was made by Sean E. Smith, seconded by Charlie Franklin, to

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

21736

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 - 3rd. Meeting)

Discussion.

Megan L. Marshall assumed the Chair.

Jeanie Lauer made comments regarding Resolution #21736.

Jeanie Lauer resumed the Chair.

21741

21742

Land Use Committee moved to adopt. Consent Agenda.

Health and Environment Committee moved to adopt.

Megan L. Marshall objected to the Consent Agenda. Discussion.

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

hold Resolution #21742 in Legislature As A Whole. The motion passed by

a voice vote.

Resolution #21742 is now before the Legislature As A Whole.

21746

A RESOLUTION authorizing the Chair of the County Legislature to execute a

two-year lease agreement, with two-year options to extend, for lease of

office space for use by the Jackson County Legislature and Jackson County

Clerk’s Office with Lex, LLC, of Independence, MO, under the terms and

conditions of Request for Proposals No. 24-019, at a monthly cost to the

County of $5,309.50 and in the amount of $63,714.00 annually.

(Finance and Audit Committee - 1st. Meeting )

21747

21748

Finance and Audit Committee moved to adopt. Consent Agenda.

Finance and Audit Committee moved to adopt.

Megan L. Marshall objected to the Consent Agenda.

21748

A motion was made by Megan L. Marshall, seconded by Sean E. Smith, to

adopt Resolution #21748, awarding a twelve-month term and supply

contract, with two twelve-month options to extend, for the furnishing of

security officer services for use by various County Departments to Metro

Public Safety of Gladstone, MO under the terms and conditions of Invitation

to Bid No. 24-057. The motion passed by a roll call vote:

Yes: 5 -

Jeanie Lauer, Megan L. Marshall, Jalen Anderson, Donna Peyton

and Charlie Franklin

No: 4 -

Manuel Abarca IV, Venessa Huskey, DaRon McGee and Sean E.

Smith

(ADOPTED)

Megan L. Marshall assumed the Chair.

Land Use Committee moved to adopt. Consent Agenda.

Finance and Audit Committee moved to adopt. Consent Agenda.

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 - 1st. Meeting )

21753

21760

Land Use Committee moved to adopt. Consent Agenda.

CONSENT AGENDA

21741

A RESOLUTION transferring $97,000.00 within the 2024 Rock Island

Railroad C/P Fund and authorizing payment to certain property owners for

right-of-way easements, permanent trail easements, and temporary

construction easements in connection with the Rock Island Greenwood

Connector Phase I Project, Federal Project No. TAP 3301 (525), at an

actual aggregate cost to the County in the amount of $97,000.00.

(ADOPTED)

21747

A RESOLUTION awarding a split contract for a twenty-four-month term and

supply contract with one twelve-month option to extend for the furnishing of

locksmith services for use by various County departments to Kenton

Brothers of Kansas City, MO, and Greg’s Lock and Key Service, Inc., of

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

24-042.

(ADOPTED)

21749

21750

A RESOLUTION authorizing the County Executive to execute a permanent

utility easement in favor of the Raytown Water Company across a portion of

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

(ADOPTED)

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

two twelve-month options to extend, for the furnishing of live bait for use by

the Parks + Rec Department to Creel Outdoors Wholesale of Lavaca, AR,

under the terms and conditions of Invitation to Bid No. 24-045.

(ADOPTED)

21751

21753

A RESOLUTION authorizing the Director of Finance and Purchasing to

issue a check in the amount of $3,222.00 to Superior Moving Service of

Kansas City, MO for moving services rendered.

(ADOPTED)

A RESOLUTION transferring $122,000.00 within the 2024 Park Fund and

awarding a contract to purchase a grapple truck to Key Equipment & Supply

of Kansas City, KS under the terms and conditions of Sourcewell Contract

040621-PII, an existing competitively bid government contract for use by the

Parks + Rec Department for a total purchase amount of $221,204.98.

(ADOPTED)

21760

A RESOLUTION with the intent to support the City of Greenwood, MO

seeking multijurisdictional funding for the 2023-2024 fiscal year through the

Community Development Block Grant Program for the Allendale Lake Road

Improvement Project.

(ADOPTED)

Resolutions #21741, #21747, #21749, #21750, #21751, #21753 and

#21760 were moved to the Consent Agenda for adoption.

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

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

Yes: 9 -

Jeanie Lauer, Megan L. Marshall, Jalen Anderson, Donna Peyton,

Manuel Abarca IV, Venessa Huskey, Charlie Franklin, DaRon

McGee and Sean E. Smith

INTRODUCTION OF PROPOSED ORDINANCES AND ASSIGNMENT TO COMMITTEE

5891

5892

Appropriating $26,000.00 from the undesignated fund balance of the 2024

General Fund in acceptance of the Sheriff’s Office Hazard Moving Violation

Enforcement Grant awarded by the Missouri Department of Transportation,

Highway Safety and Traffic Division, and authorizing the County Executive to

execute a contract for the acceptance and expenditure of such grant funds.

(Assigned to the Justice and Law Enforcement Committee.)

Appropriating $44,600.00 from the undesignated fund balance of the 2024

Grant Fund in acceptance of the Sheriff’s Office’s Impaired Driving

Enforcement grant awarded by the Missouri Department of Transportation,

Highway Safety and Traffic Division, and authorizing the County Executive to

execute a contract with the Missouri Highway Safety Division for the

expenditure of grant funds.

(Assigned to the Justice and Law Enforcement Committee.)

5893

Appropriating $283,841.00 from the undesignated fund balance of the 2024

General Fund in acceptance of the Sheriff’s Office’s DWI/Traffic Safety Unit

Salary Grant awarded by the Missouri Department of Transportation,

Highway Safety and Traffic Division, and authorizing the County Executive to

execute a contract for the acceptance and expenditure of grant funds.

(Assigned to the Justice and Law Enforcement Committee.)

INTRODUCTION OF PROPOSED RESOLUTIONS AND ASSIGNMENT TO COMMITTEE

21762

Awarding a contract for the furnishing of two international trucks for use by

the Public Works Department to Viking-Cives Midwest of Morley, MO, under

the terms and conditions set forth in Sourcewell Contract No. 062222-VCM,

an existing, competitively bid government contract, at an actual cost to the

County in the amount of $226,846.00

(Assigned to the Public Works Committee.)

21763

Awarding a contract for the furnishing of ten Stalker DSR 2-Antenna dash

mount radar units for use by the Sheriff’s Office to Applied Concepts, Inc. of

Richardson, TX, under the terms and conditions of NASPO ValuePoint

State of Washington Contract No. 24823, an existing competitively bid

government contract, at an actual cost to the County in the total amount of

$31,923.00.

(Assigned to the Justice and Law Enforcement Committee.)

21764

Implementing an allocation methodology for the eventual distribution of

approximately $70.4 million in remaining Jackson County American Rescue

Plan (ARPA) funds by the end of 2024.

(Assigned to the Budget Committee.)

A motion was made by Sean E. Smith, seconded by DaRon McGee to

adopt Resolution #21764.

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

hold Resolution #21764. The motion passed by a roll call vote:

Yes: 5 - Megan L. Marshall, Jeanie Lauer, Jalen Anderson, Manuel Abarca

IV and Venessa Huskey

No: 3 - Donna Peyton, DaRon McGee and Sean E. Smith

Abstain: 1 - Charlie Franklin

Vernon Howard from the audience asked for clarity for the public regarding

Resolution #21764. Megan Marshall, Chairman, responded.

21765

21766

Authorizing an extension to the Prosecuting Attorney’s Office’s Innovative

Prosecution for the Combating Violent Crimes grant, awarded by the U.S.

Department of Justice, at no cost to the County.

(Assigned to the Anti-Crime Committee.)

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.

(Assigned to the Justice and Law Enforcement Committee.)

21767

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

adopt Resolution #21767, recognizing Indigenous People’s Day and their

significant contributions to society. The motion passed by a roll call vote:

Yes: 9 -

Jeanie Lauer, Megan L. Marshall, Jalen Anderson, Donna Peyton,

Manuel Abarca IV, Venessa Huskey, Charlie Franklin, DaRon

McGee and Sean E. Smith

(ADOPTED)

No objection to the consideration of Resolution #21767 - not on printed

agenda.

21768

Authorizing a twelve-month extension to the 2021 Justice Assistance grant

awarded by the United States Department of Justice, at no cost to the

County.

(Assigned to the Justice and Law Enforcement Committee.)