Jackson County Missouri

JOURNAL

Jackson County Courthouse

415 E.12th Street, 2nd floor

Kansas City, Missouri 64106

(816)881-3242

County Legislature

Charlie Franklin (3rd) Chairman,

Office of

Theresa Cass Galvin (6th) Vice Chairman,

Mary Jo Spino

Jalen Anderson (1st AL), Crystal Williams (2nd AL), Tony Miller (3rd AL),

Scott Burnett (1st), Ronald E. Finley (2nd), Dan Tarwater III (4th),

Jeanie Lauer (5th)

Clerk of the County Legislature

Monday, December 5, 2022

10:00 AM

Forty-seventh Regular Meeting

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

Charlie Franklin, Chairman, called the meeting of the Jackson County Legislature to order.

ROLL CALL

Present 9 -

Charlie Franklin, Theresa Cass Galvin, Jalen Anderson, Crystal

Williams, Tony Miller, Scott Burnett, Ronald E. Finley, Dan Tarwater

III and Jeanie Lauer

THE PLEDGE OF ALLEGIANCE

Recited.

APPROVAL OF THE JOURNAL OF THE PREVIOUS MEETING

A motion was made by Dan Tarwater III, seconded by Scott Burnett to

approve the journal of the previous meeting held on November 28, 2022.

The motion passed by a voice vote.

HEARINGS

Charlie Franklin, Chairman, turned the meeting over to the Budget

Chairman, Theresa Cass Galvin, County Legislator. Theresa Cass Galvin

opened the public hearing regarding Ordinance #5701, to adopt the

annual budget and set forth appropriations for the various spending

agencies and the principal subdivisions thereof, for the fiscal year ending

December 31, 2023, and Ordinance #5702, setting the 2023 Jackson

County, Missouri tentative tax levy. There was no public comment on

Ordinances #5701 and #5702. Jeanie Lauer, County Legislator, said

during the Budget Hearings there was a lot of discussion regarding

moving funds out of the County Improvement Fund and into the General

Fund. It was stated the reason for this move is to allow the County to obtain

a more favorable bond rating. Ms. Lauer said she wants the record to

reflect her concerns about moving these funds since it was discussed

numerous times over the previous few years, that these funds would be

dedicated for debt service on the jail. The previous discussions were that

these funds would be rolled over to get a jump start on debt payments for

the jail.

Ronald E. Finley, County Legislator, said he is not sure why the

Legislature is having a discussion regarding the budget. There is a whole

new group of policy makers coming in January. They will have the

authority and the responsibility for working with the Administration on this

budget for the next four years. As far as he is aware it traditionally has

been left to the new Legislature to approve the budget. He thinks this is

something the new Legislature should study and decide after they are

sworn in.

With no further comment, Theresa Cass Galvin closed the public hearing

on Ordinances #5701 and #5702.

Charlie Franklin resumed the duties as Chairman.

COMMUNICATIONS WITH AND REPORTS OF THE COUNTY EXECUTIVE

Frank White, Jr., County Executive, introduced Bridgette Shaffer, Director

of the Jackson County Health Department, for an update regarding

communicable diseases in our community. A copy of Ms. Shaffer’s update

is available under the Meeting Details for the December 5, 2022,

Legislative Meeting, located at

https://jacksonco.legistar.com/MeetingDetail.aspx?

ID=1061554&GUID=040DFD1D-5746-4511-8B43-B732AF2F5F8F&Opti

ons

Scott Burnett, County Legislator, asked if Jackson County hospitals are

full or busy. Ms. Shaffer said they are busy. The hospitals are at high

volume. This is expected this time of year.

Jeanie Lauer asked about RSV testing. Ms. Shaffer said, currently the

Health Department provides a respiratory panel that tests clients for

COVID-19 and influenza. They are adding RSV to that panel for testing.

That should go live on Thursday. This if free to anyone utilizing the Health

Department testing. This will be one nasal swab for all three tests.

Ronald E. Finley asked about the vaccine program. Ms. Shaffer said they

continue to offer vaccines for COVID-19 and influenza. These are offered

at Mattie Rhodes and businesses that have requested to conduct these

vaccine programs. The COVID vaccine booster is available. Mr. Finley

asked how many people have been vaccinated and requested that the

upcoming vaccine events schedule be emailed to him. Ms. Shaffer said

the Health Department has administered 90,000 vaccines throughout the

pandemic. Ms. Shaffer said they continue to supply vaccines as

requested. Mr. Finley asked for information regarding the number of

vaccines through the Healthy Eastside program. Caleb Clifford, Chief of

Staff, said he would send updated information to Mr. Finley regarding the

upcoming vaccine programs and status of the vaccine program conducted

through the Healthy Eastside program.

PERFECTION OF PROPOSED ORDINANCES AND REPORTS OF COMMITTEE

A motion was made by Dan Tarwater III, seconded by Theresa Cass Galvin

to hold Ordinance #5667. The motion passed by a voice vote.

5667

5701

5702

AN ORDINANCE authorizing the issuance of special obligation bonds

(Justice with Dignity Project) Series 2022A of Jackson County, Missouri,

and authorizing certain other documents and actions in connection therewith.

(Legislature As A Whole - 3rd. Perfection)

AN ORDINANCE to adopt the annual budget and set forth appropriations for

the various spending agencies and the principal subdivisions thereof, for the

fiscal year ending December 31, 2023.

(Legislature As A Whole - 1st. Perfection)

AN ORDINANCE setting the 2023 Jackson County, Missouri tentative tax

levy.

(Legislature As A Whole - 1st. Perfection)

Jalen Anderson, County Legislator, asked why there was a request to hold

the budget ordinance. Dan Tarwater III, County Legislator, said the budget

is not yet complete. He believes the budget should be approved by the

new Legislature. He thinks the budget hearings helped everyone get a

roadmap on the budget. Mr. Anderson said he was not clear if this was

everyone’s opinion. Charlie Franklin asked Jay Haden, Chief Deputy

County Counselor, for clarification on the proper procedures. Jay Haden

initially stated a motion to perfect would take precedent over a motion to

hold. Mr. Haden then corrected his statement. He said a motion to hold

takes precedent over a motion to perfect or adopt.

Crystal Williams, County Legislator, asked why the Legislature had budget

hearings. Mr. Franklin responded that some legislators requested the

hearings. Ms. Williams said there is a lot of talk about a historic precedent

of the new Legislature making the decision on the budget. She said that

precedent actually only goes back to 2011. She does not understand why

the Legislature would go through the process of having hearings but then

not take responsibility for this budget.

Dan Tarwater III said the Legislature has always had budget hearings. It is

unprecedented that there are six new legislators coming in. In his

experience the adoption of the budget has been handled by the new

Legislature in January.

Tony Miller, County Legislator, asked what the final date is for adopting the

budget. Mr. Haden said January 31, 2023. Mr. Miller asked how many

votes it will take to adopt the budget. Mr. Haden said any ordinance or

resolution requires five affirmative votes.

Charlie Franklin asked Mr. Haden what the procedures are for the budget

to be adopted this year. Mr. Haden said under normal procedures an

ordinance will go to the County Executive for his signature, veto, or to

leave it unsigned. If there is a motion to hold, that is a procedural motion.

As such, it will require the majority of those present. A motion to perfect or

to adopt would require five votes.

Jalen Anderson asked for a roll call vote on the motion to hold Ordinances

#5701 and #5702. Mr. Haden said this is at the discretion of the

Chairman.

Theresa Cass Galvin said during election years when the budget is not

adopted until January 31st, the departments have to wait to spend money

until after the budget is adopted. She gave the example of Human

Resources being out of printer ink and unable to order any replacements

to produce new employee badges because the budget had not yet been

adopted. Jay Haden said Troy Schulte, County Administrator, has stated

that if a department has a bill that must be paid before the budget is

adopted, he will find a way to get those bills paid.

Jalen Anderson said the new Legislature will still have the ability to

discuss and decide on outside agency funding. Ronald E. Finley said they

also have not had specifics on the COMBAT allocations.

Charlie Franklin asked Jay Haden about the next steps. Jay Haden said

there is a motion on the floor for a roll call vote on the motion to hold

Ordinances #5701 and #5702. An affirmative vote will hold the items.

Mary Jo Spino, County Clerk, reread the motion. A motion was made by

Dan Tarwater III, seconded by Ronald E. Finley, to hold Ordinance #5701.

The motion passed by a roll call vote:

Yes: 5 - Tony Miller, Scott Burnett, Ronald E. Finley, Charlie Franklin, and

Dan Tarwater III

No: 4 - Jalen Anderson, Crystal Williams, Jeanie Lauer and Theresa Cass

Galvin

A motion was made by Dan Tarwater III, seconded by Ronald E. Finley, to

hold Ordinance #5702. The motion passed by a roll call vote:

Yes: 8 - Crystal Williams, Tony Miller, Scott Burnett, Ronald E. Finley,

Charlie Franklin, Dan Tarwater III, Jeanie Lauer and Theresa Cass Galvin

No: 1 - Jalen Anderson

Tony Miller said to be clear, he is voting to hold for one week. He is not

trying to open a can of worms, and he does not have any particular insight,

but if there is a crisis under the charter which may be litigated about who

may take office while holding another office, then what happens if there is

an ongoing process that requires a court to sort that out before the end of

January. He hopes the government will continue to function.

5703

5704

Finance and Audit Committee moved to perfect. Consent Agenda.

Budget Committee moved to perfect. Consent Agenda.

FINAL PASSAGE OF PROPOSED ORDINANCES

None.

RESOLUTIONS IN COMMITTEE

21098

Justice and Law Enforcement Committee moved to adopt. Consent

Agenda.

Finance and Audit Committee moved to adopt. Consent Agenda.

Health and Environment Committee moved to adopt. Consent Agenda.

Finance and Audit Committee moved to adopt. Consent Agenda.

Budget Committee moved to adopt. Consent Agenda.

Land Use Committee moved to adopt. Consent Agenda.

Finance and Audit Committee moved to adopt. Consent Agenda.

CONSENT AGENDA

5703

AN ORDINANCE appropriating $2,400.00 from the undesignated fund

balance of the 2022 Grant Fund and authorizing the Director of Parks + Rec

to execute a Cost-Share Agreement with the Missouri Department of

Conservation for land management and invasive species removal services

on County parkland.

(PERFECTED)

5704

AN ORDINANCE appropriating $108,786.00 from the undesignated fund

balance of the 2022 County Improvement Fund and awarding a contract on

Bid No. 112-22 for a park road repair maintenance project to Superior

Bowen Asphalt Company, LLC, of Kansas City, MO, at an actual cost to the

County not to exceed $2,001,136.00, and authorizing the Director of Parks +

Rec to approve line item adjustments under this contract at no additional

cost to the County.

(PERFECTED)

21098

A RESOLUTION awarding a thirty-six month term and supply contract with

two twelve-month options to extend for the furnishing of inmate pay

telephone services for use by the Department of Corrections to Smart

Communications Holding, Inc., of Seminole, FL, under the terms and

conditions of Request for Proposals No. 11-22, for a commission payable to

the County.

(ADOPTED)

21102

21103

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

twelve-month option to extend for the furnishing of HVAC Filters for use by

various County departments to Kansas City Air Filters of Kansas City, MO,

under the terms and conditions of Invitation to Bid No. 86-22.

(ADOPTED)

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

twelve-month option to extend for the furnishing of fuel dispensing equipment

services for use by various County departments to Petroleum Equipment,

Inc., of Kansas City, MO, under the terms and conditions of Invitation to Bid

No. 85-22.

(ADOPTED)

21104

21105

21106

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

twelve-month option to extend for the furnishing of body transportation

services for use by the Medical Examiner’s Office to Metro Removal of

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

99-22.

(ADOPTED)

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

twelve-month option to extend for the furnishing of bottled water and

dispenser services for use by various County departments to Pure Water

Oasis, Inc., of Independence, MO, under the terms and conditions of

Invitation to Bid No. 101-22.

(ADOPTED)

A RESOLUTION transferring $69,840.00 within the 2022 General Fund for

the purpose of funding an architectural study to accommodate the Family

Court’s Emerging Adults Program.

(ADOPTED)

21107

21108

A RESOLUTION approving the Blue River Parkway Master Plan.

(ADOPTED)

A RESOLUTION transferring $38,383,428.00 within the 2022 American

Rescue Plan Fund to charge to that fund previously authorized expenditures

that are allowable expenses under the Federal American Rescue Plan Act.

(ADOPTED)

Ordinance #5703 and #5704 were moved to the Consent Agenda for

perfection. Resolutions #21098, #21102, #21103, #21104, #21105,

#21106, #21107, and #21108 were moved to the Consent Agenda for

adoption.

A motion was made by Dan Tarwater III, seconded by Scott Burnett, to

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

Yes: 9 -

Charlie Franklin, Theresa Cass Galvin, Jalen Anderson, Crystal

Williams, Tony Miller, Scott Burnett, Ronald E. Finley, Dan Tarwater

III and Jeanie Lauer

INTRODUCTION OF PROPOSED ORDINANCES AND ASSIGNMENT TO COMMITTEE

5705

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 Finance and Audit Committee.)

5706

A motion was made by Dan Tarwater III, seconded by Theresa Cass Galvin

to perfect Ordinance #5706. The motion passed by a voice vote.

(PERFECTED)

5706

A motion was made by Jalen Anderson, seconded by Dan Tarwater III, to

adopt Ordinance #5706, enacting a new section 250., Jackson County

Code, 1984, relating to the Clerk of the County Legislature, and

renumbering existing code sections accordingly. The motion passed by a

roll call vote:

Yes: 9 -

Charlie Franklin, Theresa Cass Galvin, Jalen Anderson, Crystal

Williams, Tony Miller, Scott Burnett, Ronald E. Finley, Dan Tarwater

III and Jeanie Lauer

(ADOPTED)

INTRODUCTION OF PROPOSED RESOLUTIONS AND ASSIGNMENT TO COMMITTEE

21111

Transferring $197,000.00 within the 2022 General Fund to cover remaining

year-end financial obligations for the Jackson County Detention Center.

(Assigned to the Budget Committee.)

21112

Awarding a contract for the maintenance of software for use by the

Compliance Review Office to AskReply, Inc., dba B2Gnow of Phoenix, AZ,

at an actual cost to the County in the amount of $32,906.55 for 2023, as a

sole source purchase.

(Assigned to the Finance and Audit Committee.)

21113

21114

Awarding a twelve-month term and supply contract with one twelve-month

option to extend for the furnishing of softball field light maintenance for use

by the Parks + Rec Department to Mark One Electric Company, Inc., of

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

102-22.

(Assigned to the Finance and Audit Committee.)

Transferring $31,225.00 within the 2022 Park Enterprise Fund and

awarding a contract for the installation of scoreboards for use by the Parks +

Rec Department to Athco, LLC, of Lenexa, KS, under the terms and

conditions of Invitation to Bid No. 104-22.

(Assigned to the Budget Committee.)

21115

Transferring $402,506.00 within the 2022 American Rescue Plan Fund and

awarding a contract for the furnishing and installation of furniture, fixtures,

and equipment at the new Health Department building to Kansas City Office

Design, LLC, of Kansas City, MO, under the terms and conditions of

Invitation to Bid No. 94-22, at an actual cost to the County not to exceed

$402,506.00.

(Assigned to the Budget Committee.)

21116

A motion was made by Dan Tarwater III, seconded by Theresa Cass Galvin,

to adopt Resolution #21116, authorizing the Jackson County Legislature to

hold a closed meeting on Monday, December 5, 2022, 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: 8 -

Charlie Franklin, Theresa Cass Galvin, Jalen Anderson, Tony Miller,

Scott Burnett, Ronald E. Finley, Dan Tarwater III and Jeanie Lauer

Absent: 1 - Crystal Williams

(ADOPTED)

Bryan Covinsky, County Counselor, said there would be legislation to vote

on after the closed meeting.

21117

21118

Transferring $196,400.00 within the 2022 General Fund to cover

unexpected building modification needs and service areas for the Family

Court.

(Assigned to the Budget Committee.)

Awarding a twelve-month term and supply contract with three twelve-month

options to extend for the furnishing of vehicle insurance for use Countywide

to the Missouri Public Entity Risk Management Fund (MOPERM) of

Jefferson City, Missouri, under the terms and conditions of Request for

Proposals No. 113-22.

(Assigned to the Finance and Audit Committee.)

21119

Authorizing the Director of Finance and Purchasing to execute contracts with

Enterprise Fleet Management of Merriam, KS, to sell certain County-owned

vehicles and declaring county-owned vehicles as surplus and authorizing

their disposal pursuant to chapter 11 of the Jackson County Code.

(Assigned to the Finance and Audit Committee.)

21120

21121

21122

A motion was made by Dan Tarwater III, seconded by Jalen Anderson, to

adopt Resolution #21120, congratulating Tony Romano on the occasion of

his retirement after thirty-one years of service to Jackson County. The

motion passed by a roll call vote:

Yes: 8 -

Charlie Franklin, Theresa Cass Galvin, Jalen Anderson, Tony Miller,

Scott Burnett, Ronald E. Finley, Dan Tarwater III and Jeanie Lauer

Absent: 1 - Crystal Williams

(ADOPTED)

Awarding a twelve-month term and supply contract with one twelve-month

option to extend for community engagement consultant services for use by

the Assessment Department from Mod Op of Kansas City, MO, under the

terms and conditions of Request for Proposals No. 107-22.

(Assigned to the Finance and Audit Committee.)

No objection to the consideration of Resolutions #21122 and #21123 - not

on the printed agenda.

A motion was made by Dan Tarwater III, seconded by Jeanie Lauer, to

adopt Resolution #21122, approving the settlement by the County Counselor

of the claims of Jeffrey Sedorcek related to employment with Jackson

County Parks + Rec for a total payment by the County of $135,000.00. The

motion passed by a roll call vote:

Yes: 7 -

Charlie Franklin, Theresa Cass Galvin, Jalen Anderson, Tony Miller,

Scott Burnett, Dan Tarwater III and Jeanie Lauer

Abstain: 1 - Ronald E. Finley

Absent: 1 - Crystal Williams

(ADOPTED)

21123

A motion was made by Dan Tarwater III, seconded by Jeanie Lauer, to

adopt Resolution #21123, transferring $4,682,356.00 with the 2022 General

Fund and authorizing the County Counselor to settle the claims of Douglas

Caster, in the case styled Douglas Caster v. Jackson County, Missouri, et

al., now pending in the Missouri Court of Appeals, Western District, for a

total payment by the County of $5,300,000.00. The motion passed by a roll

call vote:

Yes: 6 -

Charlie Franklin, Theresa Cass Galvin, Tony Miller, Scott Burnett,

Dan Tarwater III and Jeanie Lauer

No: 2 - Jalen Anderson and Ronald E. Finley

Absent: 1 - Crystal Williams

(ADOPTED)

COUNTY EXECUTIVE ORDERS

None.

UNFINISHED BUSINESS

Jalen Anderson said he wanted to give his reasoning regarding his actions

on Ordinances #5701 and #5702. He said he expects the body to adopt the

ordinances and resolutions next week that were introduced today. Never in

the history of our County has the budget ever been so crucial. There is an

obligation of $256 million for the jail right now that the County cannot afford.

Over $250 million is needed for the renovation of the courthouse, there are

expenses for the new administration building and additional monies needed

for the completion of the Health Department building. He wants everyone to

understand the county's position. Jackson County does not have the funds to

do all of the necessary improvements needed. It will be necessary to tighten

our belts. Jackson County has never faced this amount of debt. This is not

an attack on the new Legislature. This government has issues that will

change the trajectory of the County for the next thirty years.

Ronald E. Finley asked Crissy Wooderson, County Auditor, about the

remaining money in the American Rescue Plan Fund. Ms. Wooderson said

she does not have current numbers on hand. The County received $136

million. The County should have substantial funds remaining. Mr. Finley said

he believes about $38 million has been allocated. He does not want to get

into the monumental aspect of the budget. He said the incoming Legislature

can handle it. Many of the newly elected legislators are government officials

now. He said these issues can be dealt with and deliberated. The current

Legislature has a responsibility and must carry out their responsibility until

the end of their term. He believes the public has the right to be heard on their

election.

NEW BUSINESS

Closed meeting per Resolution #21116. The County Legislature recessed

and went into closed session.

The County Legislature reconvened.

Resolutions #21122 and 21123 were adopted at this time. See page 10 for

details.