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, March 18, 2024

3:00 PM

Ninth Regular Meeting

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

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

ROLL CALL

Present 8 -

Jeanie Lauer, Jalen Anderson, Donna Peyton, Manuel Abarca IV,

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

Smith

Excused 1 - Megan L. Marshall

THE PLEDGE OF ALLEGIANCE

Recited.

APPROVAL OF THE JOURNAL OF THE PREVIOUS MEETING

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

approve the journal of the previous meeting held on March 11, 2024. The

motion passed by a voice vote.

HEARINGS

Dan Wehmuller, JCDC Partners, LLC, and Jeff Jenkins, J.E. Dunn, gave an

update on the Detention Center Project. The project remains on schedule

and on budget. The project will be substantially completed by December

2025, and operational by February 2026. With the approval of the

Component Packages 2B and 2C the Legislature has committed 95% of

the guaranteed maximum price (GMP). This has allowed them to move

forward on the site with construction activities. They have now concluded the

design phase of the project. They have reviewed the construction documents

with the user groups and gotten their input on how users would like to see

ideal optimization and efficiency. The team will now finalize the construction

documents for bid. The site work has shifted away from earth settlement and

grading. There are now significant footings and underground utility conduits

in place. The Legislature has the opportunity to visit the site. The team is

also developing social media posts and is keeping the general public

informed about the progress of the project.

Manual Abarca IV, County Legislator, asked about the challenges to

keeping the project to prevailing wage for both fabrication and batch plants.

Mr. Wehmuller said the design-build agreement that was established under

the prior legislature was reviewed by the legal department and County

compliance. It was drafted to meet the Missouri labor standards and comply

with the state statutes regarding prevailing wages. He said he believes the

question is one of defining what is onsite versus offsite and what are the

adjacencies. The batch plant and fabrication yard at the time of the

agreement were considered offsite. The resolution that the Legislature put

forth recently provides additional direction and the team has identified

procedures to put them into compliance. It is a work in progress.

Mr. Abarca said he believes this defines the batch plant in such a way that it

does not comply with prevailing wage. He believed it was the position of the

Legislature and the Administration that people be paid prevailing wages.

Mr. Abarca said he believes the County should stop construction on the

Detention Center. He is overwhelmingly disappointed in the efforts.

Dan Wehmuller said he is not stating what anyone should or should not be

paid. County Compliance is the party responsible for monitoring and

interpreting design build processes. Monitoring the compliance is outside

the scope of JCDC Partners. The interpretation was made in good faith.

Jeff Jenkins said they are not trying to avoid paying prevailing wage. The

resolution by the Legislature clarified information. They are in the process of

complying with the resolution and state statute.

Jalen Anderson, County Legislator, asked about the meaning of paying

workers prevailing wage and what is the timeline for that process. Mr.

Jenkins said the work at the Detention Center property has always been

prevailing wage or above. The question came up with the pre-fabrication

facility and where that falls in the prevailing wage order. Reconciliation is

with the pre-cast model. Mr. Jenkins said they are going back to reconcile

anyone who did not get paid at the rate determined to be prevailing wage.

He hopes this to be completed by the end of the week. Mr. Anderson asked

for an email confirming when it is completed.

Donna Peyton, County Legislator, said they are anticipating prevailing wage

to be rectified by the end of the week. She asked if the auditors would have

the wage reports they need by that time. Mr. Jenkins said he would be sure

wage reports are included.

Ms. Peyton asked about unions doing cross-union work. Mr. Jenkins said

there are two things at play. First, Missouri prevailing wage statute does not

require all union labor. He said 99% of the workers at the prefab facility are

union workers. They have unionized the pre-fabrication plant.

Sean E. Smith, County Legislator, asked if they could characterize the wage

gap they will need to reconcile. Mr. Jenkins said the prevailing wage for a

unionized worker is higher. Mr. Jenkins said they need to make additional

analysis because it may not be that big of a gap.

Mr. Abarca asked if there will be requests for more funds for the Detention

Center Project. Troy Schulte, County Administrator, said currently they

remain within the GMP. If there continue to be additional asks, that may

change.

COMMUNICATIONS WITH AND REPORTS OF THE COUNTY EXECUTIVE

Frank White, Jr., was not present. The Administration had no report.

Sean E. Smith asked about the long lines and concerns with individual

personal property tax customers at the Historic Truman Courthouse. Troy

Schulte said they have added additional staff and hope to restart IPP

services at the Downtown Kansas City Courthouse May 1. The Recorder of

Deeds office has been moved to increase capacity at the Truman

Courthouse. They hope to offer Saturday hours through April, but that will

depend on staff from Collections, Assessment, and the Sheriff’s office to be

available to work on Saturdays.

Manuel Abarca asked about the reassessment data he had previously

requested. Mr. Schulte said he had those reports and invited Mr. Abarca to

review those with him.

Mr. Abarca asked what the emergency relief fund is. Mr. Schulte said the

County has a 3% mandatory contingency that is required by state law. A true

emergency would likely come from undesignated funds.

Mr. Abarca asked about the possibility of leveraging American Rescue Plan

Funds (ARPA) for gun violence prevention. Caleb Clifford, Chief of Staff,

said he has no updates but affirms that the County Executive is committed to

working with the Legislature for the expenditure of ARPA funds.

PERFECTION OF PROPOSED ORDINANCES AND REPORTS OF COMMITTEE

5836

AN ORDINANCE appropriating $975,000.00 from the undesignated fund

balance of the 2024 County Improvement Fund to cover the cost of

renovations and accessibility to the Family Court Division of the 16th

Judicial Circuit Court.

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

FINAL PASSAGE OF PROPOSED ORDINANCES

None.

RESOLUTIONS IN COMMITTEE

21519

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 - 6th. Meeting)

21536

21537

A RESOLUTION approving the 2024-2025 Jackson County Assessment

and Equalization Maintenance Plan.

(Finance and Audit Committee - 4th. Meeting)

A RESOLUTION expressing the intent of the Legislature to direct the Chief

Lobbyist to advocate to the Missouri General Assembly in support of greater

local controls for Jackson County.

(Inter-Governmental Affairs Committee - 4th. Meeting)

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

the reading of Resolutions #21537, #21538, #21540, #21546, #21552,

#21553, #21554, #21562, and #21572. The motion passed by a voice vote.

A RESOLUTION expressing the intent of the Legislature to direct the Chief

Lobbyist to advocate in support of trans rights to the Missouri General

Assembly.

(Inter-Governmental Affairs Committee - 4th. Meeting)

A RESOLUTION expressing the intent of the Legislature to direct the Chief

Lobbyist to advocate to the Missouri General Assembly in opposition to

House Bills 2367, 2470, and 2523.

(Inter-Governmental Affairs Committee - 4th. Meeting)

A RESOLUTION expressing the intent of the Legislature to direct the Chief

Lobbyist to advocate to the Missouri General Assembly in support of

maintaining a fair and equitable citizen initiative petition process.

(Inter-Governmental Affairs Committee - 4th. Meeting)

A RESOLUTION expressing the intent of the Legislature to direct the Chief

Lobbyist to advocate to the Missouri General Assembly in support of Blair’s

Law and greater local gun control for Jackson County.

(Inter-Governmental Affairs Committee - 3rd. Meeting)

A RESOLUTION expressing the intent of the Legislature to direct the Chief

Lobbyist to advocate to the Missouri General Assembly in support of the

County Assessor being an elected position in Jackson County.

(Inter-Governmental Affairs Committee - 3rd. Meeting)

A RESOLUTION expressing the intent of the Legislature to direct the Chief

Lobbyist to advocate to the Missouri General Assembly in support of the

Missouri Nondiscrimination Act in Jackson County.

(Inter-Governmental Affairs Committee - 3rd. Meeting)

A RESOLUTION expressing the intent of the Legislature to direct the Chief

Lobbyist to advocate to the Missouri General Assembly in support of

reproductive rights and funding for family planning clinics.

(Inter-Governmental Affairs Committee - 2nd. Meeting)

A RESOLUTION authorizing the County Executive to execute an

Intergovernmental Agreement with the Mid-America Regional Council Solid

Waste Management District to provide access to the regional household

hazardous waste centers for the residents of the unincorporated areas of

Jackson County, at an actual cost to the County in the amount of

$26,795.00.

(Inter-Governmental Affairs Committee - 1st. Meeting)

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

the reading of Resolutions #21571. The motion passed by a voice vote.

21572

A RESOLUTION expressing the intent of the Legislature to direct the Chief

Lobbyist to advocate to the Missouri General Assembly in support of House

Joint Resolution 135.

(Inter-Governmental Affairs Committee - 1st. Meeting)

Manuel Abarca, County Legislator, asked about the lobbyist who was

scheduled to give a report at the legislative meeting today. Jeanie Lauer

replied that the lobbyist is rescheduled to present at the legislative meeting

on March 25, 2024.

21573

21574

21575

Land Use Committee moved to adopt. Consent Agenda.

Legislature As A Whole moved to adopt.

Manuel Abarca IV objected to the Consent Agenda.

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

adopt Resolution #21575, authorizing a twelve-month extension to an

existing term and supply contract for the furnishing of broker and consulting

services for the County’s employee group health, life, and dental insurance

for use Countywide to CBIZ Benefits of Kansas City, MO, under the terms

and conditions of Request for Proposals 42-21.

Jalen Anderson inquired about the objection to the consent agenda. Manuel

Abarca IV said he has had multiple employees inform his office that they are

not satisfied with CBIZ process in the last few years leading to benefits

being offered that are not in the best interests of the individuals. He does not

think rushing to adopt this is helpful. He thinks this is something that needs to

be taken seriously. He recommends this be held.

Jalen Anderson said he hopes that rather than killing this resolution that the

Legislature will take the time to understand what changes may need to

happen.

Manuel Abarca IV said the survey conducted by the Human Resources

Department will be released this week. He believes it is important to review

the survey results before moving forward with this resolution.

Sean E. Smith said the Finance and Audit Committee had a report that

there is some urgency on this matter. If the Legislature does not move

forward with approving an extension to the Agreement with CBIZ, the County

will not have a consultant available to help with the bid process for the

employee benefits programs. This is a time sensitive issue. He is not sure if

holding this is in the best interest of this process.

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

hold Resolution #21575. The motion passed by a roll call vote:

Yes: 5 - Jalen Anderson, Donna Peyton, Manuel Abarca IV, Venessa

Huskey, DaRon McGee

No: 3 - Charlie Franklin, Jeanie Lauer, Sean E. Smith

Excused: 1 - Megan L. Marshall

Resolution #21575 is now before the Legislature as a Whole.

Budget Committee moved to adopt. Consent Agenda.

21576

21577

A RESOLUTION transferring $981,003.00 within the 2024 General Fund

and authorizing the Director of Finance and Purchasing to issue checks in

the total amount of $981,003.00 to cover costs incurred in connection with

the April 2, 2024, special election.

(Finance and Audit Committee - 1st. Meeting)

21578

21579

Land Use Committee moved to adopt. Consent Agenda.

Legislature As A Whole moved to adopt.

Manuel Abarca objected to the Consent agenda.

Discussion.

A motion was made by Charlie Franklin, seconded by DaRon McGee to

adopt Resolution #21579, authorizing the Director of Finance and

Purchasing to issue a check to the permanent members of the Jackson

County Board of Equalization as a retention stipend in the total amount of

$16,000.00.

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

hold Resolution #21579. The motion passed by a roll call vote: Yes: 5 - Jalen

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

Smith No: 3 - Donna Peyton, Charlie Franklin, Jeanie Lauer Excused: 1 -

Megan L. Marshall

Resolution #21579 is now before the Legislature As A Whole.

CONSENT AGENDA

21573

A RESOLUTION awarding a contract for the purchase of eight pontoon

boats for use by the Parks + Rec Department 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 $267,232.00.

(ADOPTED)

21574

21576

A RESOLUTION awarding a special event lease agreement for the leasing

of golf cars for use by the Parks + Rec Department to M&M Golf Cars of

Lee’s Summit, MO, at an actual cost to the County in the amount of

$3,900.00.

(ADOPTED)

A RESOLUTION authorizing the County Executive to execute Cooperative

Agreements with certain agencies that provide services and assistance to

victims of domestic violence, at an aggregate cost to the County not to

exceed $148,295.00.

(ADOPTED)

21578

A RESOLUTION awarding a contract for the furnishing of greens landscape

equipment for the Fred Arbanas Golf Course for use by the Parks + Rec

Department to John Deere & Company of Cary, NC, 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 $807,408.36, and declaring certain existing equipment as surplus

personal property and authorizing its disposal by way of trade-in.

(ADOPTED)

Resolutions #21573, #21574, #21576 and #21578 were moved to the

Consent Agenda for adoption.

A motion was made by Donna Peyton, seconded by Sean E. Smith, to

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

Yes: 8 -

Jeanie Lauer, Jalen Anderson, Donna Peyton, Manuel Abarca IV,

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

Smith

Excused: 1 - Megan L. Marshall

INTRODUCTION OF PROPOSED ORDINANCES AND ASSIGNMENT TO COMMITTEE

None.

INTRODUCTION OF PROPOSED RESOLUTIONS AND ASSIGNMENT TO COMMITTEE

21580

Awarding twenty-four-month term and supply contracts, with one

twelve-month option to extend, for the furnishing of towing services for use by

various County departments to Brad’s Towing & Recovery, LLC of

Smithville, MO, E.W. Transport of Kansas City, MO, Independence Specialty

Towing, LLC of Independence, MO, Lazer-Pipes Services, Inc. of

Grandview, MO, and Santa Fe Tow of Blue Springs, MO, under the terms

and conditions of Invitation to Bid No. 23-085.

(Assigned to the Public Works Committee.)

21581

Awarding twelve-month term and supply contracts, with one twelve-month

option to extend, for park site furnishings for use by the Parks + Rec

Department to Fry & Associates of Kansas City, MO, and Global Equipment

Company Inc. of Port Washington, NY, under the terms and conditions of

invitation to Bid No. 23-088.

(Assigned to the Land Use Committee.)

21582

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

option to extend, for lawn mower tractor maintenance and repair of John

Deere equipment for use by the various County departments to Ag-Power of

Centerview, MO, as a sole source purchase.

(Assigned to the Public Works Committee.)

21583

21584

Transferring $150,000.00 within the 2024 Anti-Crime Sales Tax Fund to fully

fund the Jackson County Sheriff’s Office’s 2024 Law Enforcement School

Based Initiative.

(Assigned to the Anti-Crime Committee.)

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

twelve-month option to extend, for the furnishing of fencing installation and

repair services for use by the Parks + Rec Department to Guier Fencing of

Blue Springs, Missouri, under the terms and conditions of Invitation to Bid

No. 24-006.

(Assigned to the Land Use Committee.)

21585

21586

Awarding a thirty-six-month term and supply contract, with two twelve-month

options to extend, for the furnishing of elevator maintenance and as needed

repairs for use by the Public Works Department to KONE Inc. of Moline, IL,

under the terms and conditions of Request for Proposals No. 23-055.

(Assigned to the Public Works Committee.)

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

amount of $5,000.00 to the KC Repertory Theatre, for sponsorship of its

60th Anniversary Gala to be held April 5, 2024, in Kansas City, MO.

(Assigned to the Finance and Audit Committee.)

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

adopt Resolution #21586 authorizing the Director of Finance and

Purchasing to issue a check in the amount of $5,000.00 to the KC Repertory

Theatre, for sponsorship of its 60th Anniversary Gala to be held April 5,

2024, in Kansas City, MO.

Jeanie Lauer, County Legislator, said there are questions about these

funds.

Whitney Miller, Chief Deputy County Counselor, said there is a motion to

adopt because this is a resolution. Unless there is a motion to hold, there

needs to be a vote on the motion to adopt. A motion to hold would send the

resolution to committee.

Jeanie Lauer, County Legislator, relinquished the chair to Sean E. Smith.

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

Resolution #21586.

Discussion.

Jalen Anderson asked about this funding amount. He asked for background

information on the request. Ms. Lauer stated that a Legislator’s aide made a

request to her for sponsorship of a table at this gala event to be paid out of

the Legislature as a Whole budget for the purpose of personal use to allow

this Legislator to invite guests to the event. Ms. Lauer said this is not the

purpose of funds allocated to the Legislature as a Whole budget line. Such

request should be made from a Legislator’s own district budget line. Since

this request was denied, it was taken to the Administration in a roundabout

way, which makes it a Jackson County sponsored event. Manuel Abarca IV

said to be clear this was a Legislator asking for this sponsorship as

Legislature as a Whole. He encourages the Legislature to support

organizations like the KC Rep. Donna Peyton said, as she understands it,

that $5,000.00 has been requested as a sponsorship for the KC Repertory

Theatre. She was not aware if this was outside procedures in the past. She

asked if this is setting a new precedent. She said, for example, she and

Legislator Smith sponsored a table at the Black Archives event out of their

district budgets. Charlie Franklin, County Legislator, asked if they wanted to

start a precedent in which Legislators ask for sponsorships of their

organizations to be paid from the Legislature as Whole budget line.

The motion to hold passed by a roll call vote:

Yes: 8 - Jalen Anderson, Donna Peyton, Manuel Abarca IV, Venessa

Huskey, Charlie Franklin, DaRon McGee, Jeanie Lauer, and Sean E. Smith

Excused: 1 - Megan L. Marshall

Resolution #21586 was assigned to the Finance and Audit Committee.

21587

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

adopt Resolution #21587, recognizing the KC Repertory Theatre on the

occasion of its 60th Anniversary. The motion passed by a roll call vote:

Yes: 8 -

Jeanie Lauer, Jalen Anderson, Donna Peyton, Manuel Abarca IV,

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

Smith

Excused: 1 - Megan L. Marshall

(ADOPTED)

21588

Awarding twenty-four-month term and supply contracts, with one

twelve-month option to extend, for the furnishing of general contracting

services for use by various County departments to Hartline Construction,

LLC, of Kansas City, MO, Lytle Construction, Inc., of Lee’s Summit, MO,

Tailor Made Exteriors of Lee’s Summit, MO, and Universal Construction

Company, Inc. of Kansas City, KS, under the terms and conditions of

Invitation to Bid No. 23-082.

(Assigned to the Finance and Audit Committee.)

21589

21590

21591

Authorizing the County Executive to execute a Participation Agreement with

the Missouri Department of Health and Senior Services related to its

summer food service program, with costs to be reimbursed to the County.

(Assigned to the Inter-Governmental Affairs Committee.)

Amending Rule 7 of the Rules of the Legislature relating to the Sergeant at

Arms.

(WITHDRAWN BY SEAN E. SMITH. CONCURRED BY JALEN

ANDERSON AND DARON MCGEE.)

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 $62,934.00.

(Assigned to the Finance and Audit Committee.)

COUNTY EXECUTIVE ORDERS

None.

UNFINISHED BUSINESS

None.

NEW BUSINESS

Donna Peyton said she was concerned that she and Legislator Abarca were

unaware that the Inter-Governmental Affairs Committee was canceled

because the Chief Lobbyist was not going to be available to present this

week under hearings. As a Legislature they strive to work with one another

and be in communication with each other. She encourages everyone to

keep their committee members informed and up to date on the committee

meeting schedule.

Jeanie Lauer directed the Clerk of the County Legislature to excuse the

absence of Jalen Anderson for the March 11, 2024 legislative meeting and

to excuse the absence of Megan L. Marshall for the March 18, 2024