Jackson County Courthouse

415 E.12th Street, 2nd floor

Kansas City, Missouri 64106

(816)881-3242

Jackson County Missouri

JOURNAL

County Legislature

Charlie Franklin (3rd) Chairman,

Theresa Cass Galvin (6th) Vice Chairman,

Office of

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 12, 2022

10:00 AM

Forty-eighth 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 December 05, 2022.

The motion passed by a voice vote.

HEARINGS

Crystal Williams, County Legislator, and Jalen Anderson, County

Legislator, presented Winifred Jamieson, Legislative Aide, with her

ten-year pin.

Theresa Cass Galvin, County Legislator, presented to Charlie Franklin,

County Legislator, a plaque in recognition of his service as Chairman for

2022.

Charlie Franklin presented to Theresa Cass Galvin a plaque in

recognition of her service as Vice Chairman for 2022.

Scott Burnett, County Legislator, thanked Beth Brubaker, Legislative

Aide, for her service.

Dan Tarwater III, County Legislator, thanked Mary Riggs, former

Legislative Aide, and Dawn Hickman, Legislative Aide, for their service.

Theresa Cass Galvin thanked Jane Cavanaugh, former Legislative Aide,

and Ashley Al-Shawish, Legislative Aide, for their service.

Tony Miller, County Legislator, thanked Karen Baker, Legislative Aide, for

her service.

Ronald E. Finley, County Legislator, thanked Kay Jenkins, Legislative

Aide, for her service.

COMMUNICATIONS WITH AND REPORTS OF THE COUNTY EXECUTIVE

Frank White, Jr., County Executive, presented a plaque to Jay Haden,

Chief Deputy County Counselor, in recognition of his 40 years of service

to Jackson County.

PERFECTION OF PROPOSED ORDINANCES AND REPORTS OF COMMITTEE

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

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

5667

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 - 4th. Perfection)

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

to hold Ordinance #5701. The motion passed by a voice vote.

5701

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 - 2nd. Perfection)

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

to hold Ordinance #5702. The motion passed by a voice vote.

5702

5705

AN ORDINANCE setting the 2023 Jackson County, Missouri tentative tax

levy.

(Legislature As A Whole - 2nd. Perfection)

Finance and Audit Committee moved to perfect.

Tony Miller objected to the Consent Agenda.

5705

A motion was made by Tony Miller, seconded by Dan Tarwater III to

perfect Ordinance #5705. The motion passed by a voice vote.

(PERFECTED)

A motion was made by Tony Miller, seconded by Dan Tarwater III, to

adopt Ordinance #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. 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)

FINAL PASSAGE OF PROPOSED ORDINANCES

5704

Consent Agenda.

RESOLUTIONS IN COMMITTEE

Budget Committee moved to adopt. Consent Agenda.

Finance and Audit Committee moved to adopt. Consent Agenda.

Budget Committee moved to adopt. Consent Agenda.

Finance and Audit Committee moved to adopt. Consent Agenda.

CONSENT AGENDA

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.

(ADOPTED)

21111

21112

A RESOLUTION transferring $197,000.00 within the 2022 General Fund

to cover remaining year-end financial obligations for the Jackson County

Detention Center.

(ADOPTED)

A RESOLUTION 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.

(ADOPTED)

21113

21114

21115

A RESOLUTION 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.

(ADOPTED)

A RESOLUTION 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, at a cost to the

County not to exceed $31,225.00.

(ADOPTED)

A RESOLUTION 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.

(ADOPTED)

21117

21118

A RESOLUTION transferring $196,400.00 within the 2022 General Fund

to cover unexpected building modification needs and service areas for the

Family Court.

(ADOPTED)

A RESOLUTION 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.

(ADOPTED)

21119

21121

A RESOLUTION authorizing the County Counselor to execute a Legal

Services Agreement and Addendums to existing Legal Services

Agreements with certain lawyers and law firms at an aggregate cost to

the County not to exceed $64,850.00, for services to be performed in

2022-2023.

(ADOPTED)

A RESOLUTION 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.

(ADOPTED)

Ordinance #5704 was moved to the Consent Agenda for adoption.

Resolutions #21111, #21112, ##21113, #21114, #21115, #21117,

#21118, #21119 and #21121 were moved to the Consent Agenda for

adoption.

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

Galvin, 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

Dan Tarwater III said Ordinance #5707 is an issue that has been worked

on for many years. This ordinance will put sworn officers at a pension rate

that is in line with other jurisdictions in our area. Everyone else is at a

2.5% rate. These sworn officers put their lives at risk as part of their job.

They do not live as long on average as other employees.

Frank White, Jr., said Mike Martin, Chairman of the Pension Board of

Trustees, would like to address Ordinance #5707. Mr. Martin said this

ordinance will change a benefit calculation from 1.5% of average monthly

earnings to 2.5% of average monthly earnings and defines the phrase

“peace officer.” Mr. Martin thanked the Legislature for their support of the

employee pension plan. The Legislature has made the Jackson County

Employee Pension Plan one of the top ranking pension plans of its size.

He and the Pension Board are proud that they oversee a pension plan

that has an actuarial value of assets (AVA) hovering around 90% funding

percentage. With the Legislature’s support everyone can have confidence

in this plan.

Mr. Martin said he is not here to endorse or condemn the proposed

changes to the pension plan, including some other changes submitted by

the County Executive. He respectfully encourages a delay in action until

the Board has had an opportunity to fully digest the proposed changes

and make a meaningful recommendation to this body.

Dan Tarwater III said the County Executive has been working on some

improvements to the Pension Plan on behalf of County associates. He

appreciates that work. While drafting this Ordinance, the study from

Cheiron was taken into consideration.

Jeanie Lauer, County Legislator, asked Mr. Martin if right now the

Pension Plan is the same for all County associates. The Pension Plan

legal counsel Simone Hollins said the average monthly earnings

percentage is the same for all County associates except elected officials.

Jeanie Lauer asked that by modifying the rate under the Sheriff’s Office,

would this put the rate out of balance throughout the County. The

requested change was to make the sworn officers have a ten-year

vesting period, but this ordinance leaves the vesting period at five years.

This will not change the average monthly earnings rate for the civilian

employees. Jay Haden said this ordinance will include Park Rangers as

sworn officers.

Jalen Anderson, County Legislator, asked if there is a fiscal note on this

ordinance. Mr. Haden said the financial impact is included in the

attachments to the ordinance. His office does not traditionally attach a

fiscal note for pension items. This is because the ordinance does not

spend encumbered funds in the current fiscal year.

Dan Tarwater III said this ordinance does not change the vesting period

to ten years because that would require extra study and, in an effort, to

move the matter along the vesting period was left at five years. As the

County Executive studies the impact on associates’, changes could be

made in the future.

Crystal Williams said she feels cornered into voting on something at her

last meeting. She wants to support and recognize the risks to sworn

officers, but is uncomfortable setting a precedent of acting for one group

of employees without protecting all employees. She supports the sworn

officers but feels we should be toiling for everyone.

Frank White, Jr., said the Pension Board of Trustees is in place to protect

County employees. He is concerned that the Pension Board has not had

the opportunity to evaluate this proposal. This is a disservice to the

remaining associates of Jackson County.

Tony Miller said he respects these opinions, but he needs to take action

that he can during his term. He hopes the new Legislature will support

other County associates. But officers do not live long enough to take

advantage of the benefits provided by the pension because of their

unique high risk positions.

Jeanie Lauer asked Jay Haden if the Legislature is providing special

treatment for a specified group will that set them up for potential legal

issues. Mr. Haden said there are no protected classes involved in this

Ordinance. Simone Hollins, Legal Counsel for the Pension Board, said it

could raise legal issues, but changing a formula for one group of people,

she believes is okay under the law. Ms. Lauer asked if this is true if union

groups are involved. Ms. Hollins said not to her knowledge. Mr. Haden

said some unions require pension changes to be negotiated but the

Fraternal Order of Police have made it clear that they support this

legislation.

Jalen Anderson asked if this action would upset the labor unions and

negotiations with those labor unions. Jay Haden said contracts that

address retirement issues state that if changes are made, the County will

have to reopen negotiations. The only union this will change is the FOP

and they support the change. Jalen Anderson said he was referring to

other unions such as the Pipefitters and the IBEW. Mr. Haden said those

unions are covered by their own plans that the County contributes to. He

suspects that if this is adopted, the County will hear quickly from other

unions. Jalen Anderson asked about the “me too” clause. Mr. Haden said

those impact salary issues, not pension issues. Mr. Anderson said he

supports this but is concerned that if other unions and employee groups

push to increase the pension for their groups, the stability of the pension

fund will be adversely affected.

Simone Hollins said state law requires a cost study if any futures changes

will affect the funding of the pension plan. Any futures changes will

require an additional cost study by the fund actuary. What is proposed is

scenario number two on page four of appendix A.

Resolution #21134 was adopted at this time. See page 12 for details.

Discussion on Ordinance #5707 continued.

Simone Hollins said on the appendix it states the Pension Plan’s funding

ratio is 94.3% and if this ordinance passes it will drop the funding ratio to

92.8%. Any additional changes will change the ratio but will require

additional study. Caleb Clifford, Chief of Staff, said the County

Executive’s office is happy to take any request to study additional

changes to the pension plan to the Board of Trustees.

Jalen Anderson said he wants to see the impact on the Pension Plan and

there are too many questions for him to support the legislation.

Jeanie Lauer said she is concerned about the fiscal information that is

needed to make a good decision about where the money comes from to

pay for changes to the pension plan. It seems premature to move this

today.

A motion was made by Jeanie Lauer, seconded by Crystal Williams to

hold Ordinance #5707. The motion failed by voice vote.

Jalen Anderson requested a roll call vote on the motion to hold. The

motion failed by a roll call vote:

Yes: 3 - Jalen Anderson, Crystal Williams, and Jeanie Lauer

No: 6 - Tony Miller, Scott Burnett, Ronald E. Finley, Charlie Franklin, Dan

Tarwater III, and Theresa Cass Galvin

5707

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

Galvin to perfect Ordinance #5707. The motion passed by a voice vote.

(PERFECTED)

5707

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

Galvin, to adopt Ordinance #5707, repealing section 1512; Jackson

County Code, 1984, relating to the Employees’ Pension Plan and

enacting, in lieu thereof one new subsection and one new section relating

to the same subject. The motion passed by a roll call vote:

Yes: 6 - Charlie Franklin, Theresa Cass Galvin, Tony Miller, Scott Burnett,

Ronald E. Finley and Dan Tarwater III

No: 3 - Jalen Anderson, Crystal Williams and Jeanie Lauer

(ADOPTED)

INTRODUCTION OF PROPOSED RESOLUTIONS AND ASSIGNMENT TO COMMITTEE

21124

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

to adopt Resolution #21124, awarding a twelve-month term and supply

contract for the furnishing of small arms ammunition for use by various

County law enforcement agencies to Precision Delta Corporation of

Ruleville, MS, under the terms and conditions of State of Missouri

Contract No. CC220604003, an existing, competitively-bid government

contract. The motion passed by a roll call vote:

Yes: 8 - Charlie Franklin, Theresa Cass Galvin, Jalen Anderson, Crystal

Williams, Tony Miller, Ronald E. Finley, Dan Tarwater III and

Jeanie Lauer

Absent: 1 - Scott Burnett

(ADOPTED)

21125

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

Galvin, to approve the Floor Substitute dated December 12, 2022 for

Resolution #21125, authorizing the County Executive to execute

cooperative agreements with certain organizations which provide

assistance to homeless persons, at an aggregate cost to the County not

to exceed $307,000.00. The motion passed by a voice vote.

(APPROVED)

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

Galvin to adopt Resolution #21125.

After much discussion, Dan Tarwater III withdrew his motion to adopt.

21125

Authorizing the County Executive to execute cooperative agreements with

certain organizations which provide assistance to homeless persons, at

an aggregate cost to the County not to exceed $307,000.00.

(Assigned to the Finance and Audit Committee.)

21126

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

III, to approve the Floor Substitute dated December 12, 2022 for

Resolution #21126. The motion passed by a voice vote.

(APPROVED)

A motion was made by Theresa Cass Galvin, seconded by Crystal

Williams, to adopt the Floor Substitute dated December 12, 2022 for

Resolution #21126, transferring $27,123.00 within the 2022 Park

Enterprise Fund and awarding a contract for the furnishing of a

mechanized utility rake for use by the Parks + Rec Department at the

Fred Arbanas Golf Course to Van Wall Equipment, Inc., of Lenexa, KS,

under the terms and conditions of Sourcewell contract no. 031121-DAC,

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

the County in the amount of $27,123.00. The motion passed by a roll call

vote:

Yes: 8 - Charlie Franklin, Theresa Cass Galvin, Jalen Anderson, Crystal

Williams, Tony Miller, Ronald E. Finley, Dan Tarwater III and

Jeanie Lauer

Absent: 1 - Scott Burnett

(ADOPTED)

21127

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

to adopt Resolution #21127, awarding twelve-month term and supply

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

body armor, law enforcement supplies, and equipment for use by various

County departments to Galls of Lexington, KY, Arrowhead Scientific Inc.,

of Lenexa, KS, and G.T. Distributors Inc. of Pflugerville, TX, under the

terms and conditions of Invitation to Bid No. 58-22. The motion passed by

a roll call vote:

Yes: 8 - Charlie Franklin, Theresa Cass Galvin, Jalen Anderson, Crystal

Williams, Tony Miller, Ronald E. Finley, Dan Tarwater III and

Jeanie Lauer

Absent: 1 - Scott Burnett

(ADOPTED)

21128

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

to adopt Resolution #21128, awarding a contract for the furnishing of one

full-size sports utility vehicle for use by the Sheriff’s Office to Landmark

Dodge of Independence, MO, under the terms and conditions of State of

Missouri Contract No. CC220022002, a cooperatively bid government

contract for government entities statewide, at an actual cost to the County

in the amount of $35,634.00. The motion passed by a roll call vote:

Yes: 6 - Charlie Franklin, Theresa Cass Galvin, Tony Miller, Ronald E.

Finley, Dan Tarwater III and Jeanie Lauer

No: 2 - Jalen Anderson and Crystal Williams

Absent: 1 - Scott Burnett

(ADOPTED)

21129

A motion was made by Theresa Cass Galvin, seconded by Crystal

Williams, to approve the Floor Amendment dated December 12, 2022 for

Resolution #21129, to delete the law firm "Spencer Fane LLP" and insert

the law firm "Husch Blackwell" regarding the matter "Conflict of Interest"

in the body on page 1.The motion passed by a voice vote.

A motion was made by Theresa Cass Galvin, seconded by Crystal

Williams, to adopt the Floor Amendment dated December 12, 2022 for

Resolution #21129, authorizing the County Counselor to execute a Legal

Services Agreement and Addendums to existing Legal Services

Agreements with certain lawyers and law firms at an aggregate cost to

the County not to exceed $64,850.00, for services to be performed in

2022-2023. The motion passed by a roll call vote:

Yes: 8 - Charlie Franklin, Theresa Cass Galvin, Jalen Anderson, Crystal

Williams, Tony Miller, Ronald E. Finley, Dan Tarwater III and

Jeanie Lauer

Absent: 1 - Scott Burnett

(ADOPTED)

21130

A motion was made by Tony Miller, seconded by Theresa Cass Galvin, to

adopt Resolution #21130, transferring $25,055.00 within the 2022

General Fund to cover increased costs for printing and mailing 2022 tax

bills incurred by Lineage Mailing Services of Kansas City, MO, and

authorizing an increase to the July 12, 2022, emergency purchase order,

at a cost to the County in the actual amount of $25,055.00. The motion

passed by a roll call vote:

Yes: 8 - Charlie Franklin, Theresa Cass Galvin, Jalen Anderson, Crystal

Williams, Tony Miller, Ronald E. Finley, Dan Tarwater III and

Jeanie Lauer

Absent: 1 - Scott Burnett

(ADOPTED)

21131

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

Galvin, to adopt Resolution #21131, appointing Charlie Franklin to the

Kansas City Zoological District Commission. The motion passed by a roll

call vote:

Yes: 8 - Charlie Franklin, Theresa Cass Galvin, Jalen Anderson, Crystal

Williams, Tony Miller, Ronald E. Finley, Dan Tarwater III and

Jeanie Lauer

Absent: 1 - Scott Burnett

(ADOPTED)

No objection to the consideration of Resolutions #21132 through #21137

- not on printed agenda.

21132

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

III, to adopt Resolution #21132, honoring Crystal Williams for her twelve

years of dedicated service as Jackson County Legislator representing the

Second District At-Large. The motion passed by a roll call vote:

Yes: 8 - Charlie Franklin, Theresa Cass Galvin, Jalen Anderson, Crystal

Williams, Tony Miller, Ronald E. Finley, Dan Tarwater III and

Jeanie Lauer

Absent: 1 - Scott Burnett

(ADOPTED)

21133

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

Galvin, to adopt Resolution #21133, honoring Tony Miller for eight years

of dedicated service on the Jackson County Legislature representing the

Third District At-Large. The motion passed by a roll call vote:

Yes: 7 - Charlie Franklin, Theresa Cass Galvin, Jalen Anderson, Crystal

Williams, Ronald E. Finley, Dan Tarwater III and Jeanie Lauer

Abstain: 1 - Tony Miller

Absent: 1 - Scott Burnett

(ADOPTED)

21134

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

Galvin, to adopt Resolution #21134, honoring Scott Burnett for his

twenty-four years of dedicated service as Jackson County Legislator

representing the First District. 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)

21135

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

adopt Resolution #21135, honoring Ronald E. Finley for his four years of

dedicated service as Jackson County Legislator representing the Second

District. The motion passed by a roll call vote:

Yes: 7 - Charlie Franklin, Theresa Cass Galvin, Jalen Anderson, Crystal

Williams, Tony Miller, Ronald E. Finley and Dan Tarwater III

Absent: 2 - Scott Burnett and Jeanie Lauer

(ADOPTED)

21136

A motion was made by Jalen Anderson, seconded by Theresa Cass

Galvin, to adopt Resolution #21136, honoring Dan Tarwater III for his

twenty-eight years of dedicated service as Jackson County Legislator

representing the Fourth District. The motion passed by a roll call vote:

Yes: 8 - Charlie Franklin, Theresa Cass Galvin, Jalen Anderson, Crystal

Williams, Tony Miller, Ronald E. Finley, Dan Tarwater III and

Jeanie Lauer

Absent: 1 - Scott Burnett

(ADOPTED)

21137

A motion was made by Dan Tarwater III, seconded by Crystal Williams, to

adopt Resolution #21137, honoring Theresa Cass Galvin for her eight

years of dedicated service as Jackson County Legislator representing the

Sixth District. The motion passed by a roll call vote:

Yes: 8 - Charlie Franklin, Theresa Cass Galvin, Jalen Anderson, Crystal

Williams, Tony Miller, Ronald E. Finley, Dan Tarwater III and

Jeanie Lauer

Absent: 1 - Scott Burnett

(ADOPTED)

COUNTY EXECUTIVE ORDERS

None.

UNFINISHED BUSINESS

None.

NEW BUSINESS

None.