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, August 5, 2024

3:00 PM

Twenty-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 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.

APPROVAL OF THE JOURNAL OF THE PREVIOUS MEETING

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

approve the journal of the previous meeting held on July 29, 2024. The

motion passed by a voice vote.

HEARINGS

None.

COMMUNICATIONS WITH AND REPORTS OF THE COUNTY EXECUTIVE

Frank White Jr., County Executive, was not present. Caleb Clifford, Chief of

Staff, said there was no report.

Manuel Abarca IV, County Legislator, said he noticed an add-on Resolution

for American Rescue Plan Act (ARPA) funds and a letter from the County

Executive. Caleb Clifford said the County Executive sent a letter to the

Legislature with his recommendation in hopes of working with the

Legislature to move forward expeditiously. Mr. Abarca said he sees

categories but not specifics on ARPA funding within those categories. He

asked about the County Executive’s priority for renovations to the 1300

Washington building. He expressed concern about the location of this

building. Mr. Clifford said the Downtown Courthouse has significant capital

improvement needs that have not been addressed. The Courthouse is not

accessible for the disabled, it has safety and security issues, and is

overused. An assessment of the building by consultants found that it is being

used beyond its capacity, which has created a stress on the structure.

Efforts were made to find an alternative location for the Administrative

functions of the County. Few other counties co-locate their court functions in

the same location as their administrative functions. The previous Legislature

approved the purchase of the 1300 Washington location and the use of

ARPA funds for upgrades to that building and the Downtown Courthouse.

Solicitations for the work was conducted through a reliable process. This is

work that needs to be done. The procurement process is not for a specific

amount. The bidders state what the cost would be for the work.

Mr. Abarca said the estimates he saw were for a $50 million cost for

improvements to 1300 Washington and the downtown courthouse with a

greater focus on 1300 Washington. He believes the 1300 Washington

building should be sold. Mr. Clifford said federal rules require federal

approval before selling an asset that was purchased with ARPA funds. If the

building is sold, the County will have to give the funds to the federal

government and be out the cost paid for the property. This could be over a

$10 million loss to the County. Mr. Abarca disputed that characterization,

stating that he has a letter from the Department of Treasury stating the

building can be sold. Mr. Clifford said he has not seen that information and

would like to review Mr. Abarca’s documentation. Mr. Abarca said the letter

came from the White House on Friday. Mr. Abarca said he feels the

Administration’s position is creating a chaotic situation. He said the letter

also states that the County was to give specific goals for the use of the funds

by July. Mr. Clifford said he believes the County has complied all

requirements of the federal government related to the federal funds.

PERFECTION OF PROPOSED ORDINANCES AND REPORTS OF COMMITTEE

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

hold Ordinance #5861. The motion passed by a voice vote.

5861

AN ORDINANCE submitting to the qualified voters of Jackson County,

Missouri, at a General Election to be held on November 5, 2024, a question

authorizing Jackson County to impose a countywide capital improvement

sales tax of three-eighths of one percent for a period of forty years for the

purpose of retaining the Kansas City Chiefs sports team in Jackson County,

Missouri.

(Legislature As A Whole - 2nd. Perfection)

5864

AN ORDINANCE submitting to the qualified voters of Jackson County,

Missouri, at the general election to be held on November 5, 2024, a

question to amend the Jackson County Charter, with an effective date.

(Legislature As A Whole - 2nd. Perfection)

Sean E. Smith, County Legislator, explained the Proposed Substitute for

Ordinance #5864, dated August 5, 2024. He said these changes make the

charter amendment consistent with state law, so the assessor election is on

the correct cycle. State law says that elected assessors take office in

September after their November election, so they assume office after the

reassessment cycle is complete. It also provides for procedures for filling a

possible vacancy within the assessor’s office. Manuel Abarca IV, the original

sponsor of the ordinance said he considers these revisions to be friendly

and he supports them.

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

approve the floor substitute to Ordinance #5864. The motion passed by a

voice vote.

A motion was made by Megan L. Marshall, seconded by Charlie Franklin, to

hold Ordinance #5864.

Discussion.

Megan L. Marshall, County Legislator, stated that because the Legislature

just received this amendment, she would like time to review this document,

the corresponding state statutes, and the constitution. Mr. Smith stated that

time is of the essence since a potential veto of the ordinance will cause

delay and require another vote to make the August 27, 2024, deadline for

the November ballot.

The motion to hold passed by a roll call vote:

Yes: 7 - Jeanie Lauer, Megan L. Marshall, Jalen Anderson, Donna Peyton,

Manuel Abarca IV, Charlie Franklin, and DaRon McGee

No: 1 - Sean E. Smith

Abstain: 1 - Venessa Huskey

5865

AN ORDINANCE enacting section 5577., Jackson County Code, 1984,

relating to possession of firearms and age restriction.

(Rules Committee - 2nd. Perfection)

FINAL PASSAGE OF PROPOSED ORDINANCES

5866

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

adopt Ordinance #5866, enacting section 2066., Jackson County Code,

1984, relating to the Senior Property Tax Credit. 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)

RESOLUTIONS IN COMMITTEE

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

hold Resolution #21641. The motion passed by a voice 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

21641

21667

21668

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.

(Legislature As A Whole - 1st. Meeting )

A RESOLUTION amending Rules 16 and 19 of the Rules of the Jackson

County Legislature relating to the transfer of legislation between

committees.

(Rules Committee - 5th. Meeting)

A RESOLUTION expressing the support of the Jackson County Legislature

for the creation of a Jackson County Office of Gun Violence Prevention.

(Budget Committee - 4th. Meeting)

21681

21682

Public Works Committee moved to adopt. Consent Agenda.

Manuel Abarca IV objected to the Consent Agenda.

Mr. Abarca asked if the responsible bidder ordinance pertains to this

legislation. Troy Schulte explained this legislation deals with supplies only.

Manuel Abarca IV withdrew his objection to the Consent Agenda.

21683

21684

Justice and Law Enforcement Committee moved to adopt. Consent

Agenda.

Finance and Audit Committee moved to adopt. Consent Agenda.

A motion was made by Manuel Abarca IV, seconded by Donna Peyton, to

hold Resolution #21684.

Discussion.

Manuel Abarca IV requested a detail report regarding why the cyber attack

happened and what lessons were learned after the attack. He requested

clarity and specifics about the steps they are asked to approve with this

resolution.

The motion to hold failed by a roll call vote:

Yes: 3 - Manuel Abarca IV, Venessa Huskey and DaRon McGee

No: 6 - Jeanie Lauer, Megan L. Marshall, Jalen Anderson, Donna Peyton,

Charlie Franklin and Sean E. Smith

Manuel Abarca IV objected to the Consent Agenda.

21684

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

adopt Resolution #21684, transferring $778,483.00 within the 2024 General

Fund and $59,772.00 within the E-911 System Fund for the furnishing of

advanced cybersecurity solutions from existing term and supply contract

vendors. The motion passed by a roll call vote:

Yes: 5 -

Jeanie Lauer, Megan L. Marshall, Jalen Anderson, Charlie Franklin

and Sean E. Smith

No: 4 -

Donna Peyton, Manuel Abarca IV, Venessa Huskey and DaRon

McGee

(ADOPTED)

21685

21686

Finance and Audit Committee moved to adopt. Consent Agenda.

Land Use Committee moved to adopt. Consent Agenda.

CONSENT AGENDA

21681

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

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

for use by the Public Works Department to Binswanger Glass of

Independence, Missouri, under the terms and conditions of Invitation to Bid

No. 23-026.

(ADOPTED)

21682

21683

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

one twelve-month option to extend, for the furnishing of asphaltic concrete for

use by the Public Works Department to Vance Brothers, Inc., of Kansas

City, MO, under the terms and conditions of Invitation to Bid No. 24-007.

(ADOPTED)

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

one twelve-month option to extend, for the furnishing of electronic monitoring

equipment for use by the Jackson County Sheriff’s Population Control

Office, to BI Incorporated of Boulder, CO, under the terms and conditions of

OMNIA Partners - City of Mesa, Arizona Contract No. 2022118, an existing

competitively bid government contract.

(ADOPTED)

21685

21686

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

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

animal food, and agricultural supplies and equipment for use by various

County departments to Feldman’s Farm and Home of Liberty, MO, under the

terms and conditions of Invitation to Bid No. 24-038.

(ADOPTED)

A RESOLUTION transferring $127,500.00 within the 2024 General Fund to

replace a pedestrian bridge along the Little Blue Trace Trail damaged by a

severe storm, utilizing an existing term and supply contract.

(ADOPTED)

Resolutions #21681, #21682, #21683, #21685 and #21686 were moved to

the Consent Agenda for adoption.

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

5868

Appropriating $40,600.00 from the undesignated fund balance of the 2024

General Fund in receipt of extradition reimbursement from the State of

Missouri to cover unanticipated transportation budgetary shortfalls within the

Sheriff’s Office.

(Assigned to the Justice and Law Enforcement Committee.)

INTRODUCTION OF PROPOSED RESOLUTIONS AND ASSIGNMENT TO COMMITTEE

21689

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

adopt Resolution #21689, authorizing the County Counselor to execute an

addendum to the Legal Services Agreement with Hardwick Law Firm of

Kansas City, MO, at an additional cost to the County not to exceed

$495,454.00. The motion passed by a roll call vote:

Yes: 5 -

Donna Peyton, Manuel Abarca IV, Venessa Huskey, Charlie

Franklin and DaRon McGee

No: 4 -

Jeanie Lauer, Megan L. Marshall, Jalen Anderson and Sean E.

Smith

(ADOPTED)

21690

Authorizing the County Counselor to execute Addendums to existing Legal

Services Agreements with certain lawyers and law firms at an aggregate

cost to the County not to exceed $57,000.00.

(Assigned to the Finance and Audit Committee.)

No objection to the consideration of Resolution #21691 - not on the printed

agenda.

21691

Expressing the intent of the Legislature to work with the County Executive to

develop a plan to commit federal American Rescue Plan (ARPA) funds and

begin the required procurement process to ensure funds are under contract

by the end of 2024.

(Assigned to the Legislature As A Whole.)

Discussion.

Manuel Abarca IV inquired as to the difference between this resolution and a

previous resolution offered by Legislator Donna Peyton for

recommendations regarding the ARPA funds. He sees that the resolution

presented, fixes the allocation to certain categories. Is this a

recommendation to consider funding in these certain areas? Bryan

Covinsky, County Counselor, said he believes the resolution speaks for

itself. It is the legislative intent. Mr. Abarca said, when looking at the

difference between a resolution or an ordinance, how would the Legislature

have budgeted the money differently? It seems inconsistent by presenting

this as a resolution instead of an ordinance. Whitney Miller, Chief Deputy

County Counselor, said this will require further authorization to move forward

with the recommendations. This is the Legislature sharing its intent with the

County Executive with a plan to move forward. Jeanie Lauer, County

Legislator, asked Troy Schulte, County Administrator, for an explanation on

the procurement process to move forward. Mr. Schulte said if consensus is

reached, then the Administration will move forward with a procurement

process to encumber ARPA funds on contracts. He agrees with Mr. Abarca

that there will be another step to approve an ordinance appropriating the

funds. This resolution will start the procurement process. Mr. Abarca said his

fear is that the Legislature is locking itself into a preconceived acceptance

of disproportional funding. The Legislature had hearings last year that

everyone participated in that looked at a $30 million appropriation to

community funding. Now they are looking at $25 million for community

investment. The Our Healthy Jackson County is still included, which reduces

the community investment to $15 or $20 million. There does not appear to

be enough information to move forward. It seems like an attempt to lock the

Legislature into a preconceived allocation. He is not in favor of the

resolution.

Venessa Huskey, County Legislator, said she thought the County had more

than $65 million available. Mr. Schulte said last week the independent

auditor indicated that the amount of $80 million is the available. This figure

includes contracts that were unspent. The Our Healthy Jackson County and

some other resources are under contract and according to federal

regulations that is acceptable. When you take the available funds, $65

million is remaining.

Donna Peyton, County Legislator, said it was the hope of the County

Executive that we work expeditiously to get this done. She said she takes

great offense to that, because it was the hope of this Legislature to have a

plan by the end of April. She is offended to not be kept in the loop, not

receive updates, or other information until now, but to now be told they must

work expeditiously. She sees this resolution as a commitment that the

Legislature will come together to have discussions. Not to have discussions

on what to do with ARPA funding but to have discussions on what was given

to them. This is a concern. She wants clarity on the expectations and how

they will work to get this done. She said she never heard what was done to

meet the qualifications required by July 1. Caleb Clifford said the County

Executive hopes there is an open and honest discussion on the use of

ARPA funds. He said the priorities identified in the Resolution have the

County Executive’s support. The Chair and others involved in this discussion

have factored in input from others on the Legislature. This is a step to

update the Legislature and to make the process public. The County

Executive is open to other input. Mr. White told Mr. Clifford he had

productive conversations with Legislator Peyton specifically. As to the

suggested July deadline, County staff have been assigned to making sure

the County has met all of the deadlines and requirements from the federal

government. The annual report has been submitted and was on time.

Ms. Peyton said she has concerns. Her understanding is this resolution is a

blueprint to guide their discussions. This is what is open for discussion. She

wants clarification on how much leeway the Legislature has regarding ARPA

funding. Is this proposal written in stone? Mr. Clifford said he hesitates in

stepping into the legislative process. The Legislature always has the ability

to amend a proposal. The County Executive is putting forward his

recommendations to move forward. He is open to any better ideas to look

for solutions. This is not a simple or easy decision on important matters. Any

resolution may leave everyone feeling like they didn’t get exactly what they

wanted, but that may be because of compromise to get the process

completed.

Sean E. Smith, County Legislator, said he feels like he is in Groundhog Day

because of the strategy by the Administration of waiting until things are

urgent and then adopting a take it or leave it approach. He finds this

repugnant as a representative democracy and as the legislative body

responsible for the budget and funding of this County. This is a consistent,

repetitive tactic by this Administration. It is embarrassing. He will offer within

the next seven days the opportunity for work sessions with the County

Executive and any Legislators without any third parties so something can be

worked out. He wants to work collaboratively on this process so that

everyone feels like they are working together.

Manuel Abarca IV said the County Executive does not have a vote on the

Legislature. The Executive is passing through his own wishes through a

member of the Legislature. The Legislature makes this decision. The

Administration executes what the Legislature enacts. There is a $10 million

window on some of these funds. The reality is they keep hearing that the

County Executive is open to meeting with all Legislators, but Mr. White has

not responded to any of Mr. Abarca’s efforts to speak with him and has

cancelled meetings. Mr. Abarca said it is frustrating to be lectured by

someone who is not elected. In addition, it is embarrassing the way the

Administration operates.

COUNTY EXECUTIVE ORDERS

None.

UNFINISHED BUSINESS

None.

NEW BUSINESS

Jeanie Lauer said upgrades to the Eastern Jackson County Courthouse are

complete and the Legislature may begin scheduling meetings to be held in

Independence in accordance with the Rules of the Legislature. Because the

November meeting falls on Veteran's Day, that meeting will remain

scheduled for the Downtown Courthouse.

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

change the location of the legislative meetings scheduled to be held on

Monday, September 9, October 14, and December 9, 2024 to the

Legislative Assembly Area located on the ground floor of the Eastern

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

ADJOURNMENT

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

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

Meeting adjourned until Monday, August 12, 2024 at 3:00 P.M. at the

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

Floor, Legislative Assembly Area.