Freeburg takes first step toward an ordinance officer

By Linda Adkins
Posted 11/18/20

Freeburg trustees at their regular meeting Nov. 9 decided to take the first step toward appointing or hiring an ordinance officer after discussion with Osage County Sheriff Mike Bonham, who was …

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Freeburg takes first step toward an ordinance officer

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Freeburg trustees at their regular meeting Nov. 9 decided to take the first step toward appointing or hiring an ordinance officer after discussion with Osage County Sheriff Mike Bonham, who was invited to Freeburg for advice on law enforcement options inside the village limits.
In October, Trustee Shane Zimmer had suggested they check into the cost of a business contract with the Osage County Sheriff’s office to enforce village ordinances.
Sheriff Bonham began by saying the type of business contract suggested by Zimmer was “pretty cost-prohibitive,” at around $60,000 annually per officer. The cost of an officer is so high because of not only salary, but taxes, insurance, vehicle, and a minimum of 24 hours of training, etc. “That’s why it is so expensive,” Bonham explained.
Sharing with other venues is not a viable option, Bonham explained, because one or the other of those venues will feel like they are not getting their fair share of time. “We get into a place with no-win. We don’t want to get into that,” he stated.
Instead, Bonham suggested trustees consider an ordinance officer. He explained that the city of Chamois had been in the same situation and that was their solution. “They were in the same place and the money was too substantial for them,” said Bonham, “And their tax base isn’t as good as yours.”
Bonham continued, “So Chamois went with an ordinance officer. I’m not sure how that mechanism works, I’m not sure how it is in your charter, and how you would adopt that, it would be something for a lawyer to answer for you.”
Bonham suggested Gary Storey would make a good ordinance officer. Trustee Dale Struemph mentioned Paul Backues as a possible candidate for the position. An ordinance officer would be tasked with finding and identifying problems with city ordinances and writing summons. “Your problem here is that you do not have a city court or city judge,” Bonham said.
Bonham reassured trustees that Freeburg is getting attention from his office. “We definitely see some issues here,” he continued, “Freeburg is right now glowing red for us and you’re getting some extra attention right now. You will see officers here (two of us), slowing traffic.”
Village Clerk Allen Gradel asked what the requirements would be for an ordinance officer. Bonham said it depends. “If you are going to approach it from a fine portion, where you may be able to do it through an ordinance, you will need to talk to an attorney, because I’m not clear on that,” Bonham replied. “You may be able to assess the fine through the city, through an attorney, but you’ll need to check on that. A second option would be to have a Police Officer Standard Training (POST)-certified officer. That person could write on state statutes with the intent of your ordinances.”
The problem with ordinances with the Osage County Sheriff’s Office is that the Osage County Commission would have to adopt Freeburg’s ordinances so they can be put in the sheriff’s system.
“There are good things with ordinance enforcement from our perspective”, said Bonham, “It tends to eradicate other criminal elements.”
Bonham added, “The problem of doing it countywide for free is if we do it here, then Chamois expects it, then Argyle, then Meta … what happens is we are not doing enough … (the Osage Sheriff’s Office) is smoked. Our call volume is through the roof.”
Struemph asked what sort of compensation would be expected for an ordinance officer. “A volunteer is obviously your cheapest route,” Bonham stated, “Another possibility is contracting for a certain number of hours per week. They would be an employee so they would be tax-withholding. You could decide on hours per week and salary and have people apply for the position.”
Sheriff Bonham added, “We would definitely support that officer and we would back up that individual. We would be 100 percent in support of that.”
Zimmer asked if Freeburg could vote this in as an ordinance. Mayor Darryl Haller said they would need to talk to their attorney, Albert Crump. “I wouldn’t mind talking to the Chamois clerk and see how it is going for them,” Haller added. “We’re not going to get this figured out tonight, but this is definitely a good start.”
In other business, trustees discussed the handheld device used to read the water meters. Public Works Director Todd Feeler reported that the battery is beginning to fail. A new battery is available for $60 but the manufacturer no longer supports the old device. As an alternative, the company suggested the village obtain a Samsung Galaxy phone for $200. Feeler says the Android system is not compatible with the iPhone he currently uses.
“Would we have to have a phone plan also?” Gradel asked.
“No”, Feeler responded, “as long as we have the support through them, there would be no monthly plan required.”
“So, would you need internet service at the meter?” Gradel asked.
“No, we will use the Wi-Fi at City Hall to transfer the information from the phone,” said Feeler. “They will set it all up for us.”
Feeler explained that he could not use his iPhone since the app is only compatible with Android devices. Even if he could use his iPhone, leaving the device at City Hall for Water Clerk Cindy Struemph to upload the meter information would leave him without a phone.
Haller asked if the handheld reader is no longer any good. Water Clerk Struemph explained that the manufacturer will no longer carry replacement parts, but software will be maintained.
“We’ve had the hand-held for seven years and even then people were starting to use the phone app instead,” Feeler said.
Trustee Struemph asked if batteries were still available for the unit. Feeler replied they are for $60. Struemph said, “If we spent $60 for seven years, that’s pretty maintenance-free.”
It was agreed to purchase a battery. If the handheld unit gives out, an Android phone can be purchased quickly.
Haller suggested the village consider using Zoom for the next meeting. Several trustees are already account-holders and are familiar with the setup. Their main concern was adhering to the Sunshine Law by notifying residents on their website of the availability of attending the meeting remotely through the Zoom app, which trustees will only use if the COVID situation in December warrants it.
* In his regular monthly financial report, Gradel presented figures showing general fund income for October of $24,077.46. The village has $8,994.68 in a general-revenue checking account and $469,104.89 in its general-revenue money market. Sewer system checking is $6,369.49 and the sewer money market amount is $209,648.46. Total on hand in all accounts is $695,362.59.
*General revenue bills were approved in the amount of $4101.33, along with sewer bills totaling $277.38 and water bills for $1097.85.
* Water Clerk Struemph reported that from Sept. 2 - Oct. 1, a total of 2,957,803 gallons of water were produced and 3,020,200 gallons were sold, which is a 3% gain. The Well #1 meter has been sent off to be recalibrated.
*Staff is working on preparations for Christmas lighting.
*The next meeting is scheduled for Dec. 7 at 6:30 p .m.