Freeburg trustees start process to ban firearms at meetings

By Theresa Brandt, Staff Writer
Posted 2/22/23

FREEBURG — Freeburg trustees approved the first reading of an ordinance that would ban the possession of firearms in the village hall during and for 30 minutes before a board meeting. Trustees …

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Freeburg trustees start process to ban firearms at meetings

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FREEBURG — Freeburg trustees approved the first reading of an ordinance that would ban the possession of firearms in the village hall during and for 30 minutes before a board meeting. Trustees must approve a second reading of the ordinance before it becomes law. If passed, the ordinance would make an exception for trustees and any law enforcement officer present at a meeting. Firearms would be allowed in locked vehicles on village property during the meeting.

“It’s technically already illegal to carry (a firearm) while in a governing body, and that’s a statewide law,” Trustee Shane Zimmer said.

Village attorney Nathan Nickolaus with Lauber Municipal Law Office explained that the advantage to having the ordinance cover local board meetings is that it allows trustees to ban someone from a meeting for a period of time if they violate the ordinance.

“My issue with this whole thing is it is cool for law enforcement officers (to carry firearms during a meeting), and it’s cool for trustees (to carry firearms during a meeting), but any regular citizen can’t carry because they are not on the board,” Zimmer said.

“I understand people’s rights, but we’re here to solve things, and when things get heated, it doesn’t make sense for people to have guns in the meeting,” Mayor Darryl Haller said.

Zimmer insisted the ordinance was written because, at a past meeting, there was a law enforcement officer present with his firearm, and when the discussion became heated, trustees became uncomfortable.

“Your ordinance will not even stop that man from bringing his pistol in here,” Zimmer insisted. “It’s an asinine ordinance.”

“That was only one instance,” Haller insisted.

“When is the last time anyone you know packed a pistol inside here?” Zimmer asked.

“It only takes one time, Shane,” Haller said. “It only takes one time.”

“You can say that about a hundred other things,” Zimmer argued.

Haller acknowledged that Zimmer had an opinion, but so did the other trustees.

“I should be able to say my piece,” Zimmer said. “This is America, and there is a Second Amendment right.”

“That’s fine, but I don’t feel like I should have to pack a gun,” Haller said.

“And that’s completely within your rights,” Zimmer agreed.

“But we should feel safe at a meeting,” Haller said.

“I have never felt unsafe at a meeting,” Zimmer countered.

“Well, we kinda felt uncomfortable at one, and it was not just me,” Haller insisted.

“You know what, this doesn’t stop him or you from feeling uncomfortable,” Zimmer replied. “It’s fine for us to carry at meetings, but we’re passing a law that says your citizens can’t feel safe when they come to a meeting.”

“You think a board member is going to shoot someone?” Haller asked.

“Who knows?” Zimmer said. “It only takes one time, right? Didn’t you just say that?”

Nickolaus outlined that the state of Missouri limits what villages and cities can do to regulate firearms but that restricting firearms during a Board of Trustees meeting is allowed under the state regulations.

“The issue is only partially safety,” Nickolaus explained. “Some of it is about having a free democracy here. If you open carry into a meeting like this, you are doing that for one reason, and that’s to intimidate people.”

“I believe that is true,” Trustee Jamie Kaesik said.

“I don’t necessarily agree that is true at all,” Zimmer argued.

Nickolaus asked what the purpose of open-carrying a firearm into a meeting would be.

“Because the Second Amendment of the Constitution of the United States of America states that I can, and the state of Missouri says that I can open carry wherever I want,” Zimmer said.

“But not in a governing body,” Nickolaus added. “So, you would already be violating the law. I’m not an opponent of the Second Amendment. I’m very pro-Second Amendment, but the thing that people misunderstand about the Second Amendment, like all the amendments, is it has limitations.”

Nickolaus listed numerous places where firearms are prohibited, including schools, election places, and courthouses.

“Missouri is about the most permissive state that there is when it comes to firearms, but even then, there are limits,” Nickolaus said. “This is really more about First Amendment rights than it is about Second Amendment rights.”

Zimmer was the only trustee to vote nay on the first reading.

Trustees do not plan to bring up the ordinance for a second reading at the March meeting but will reevaluate and reword the ordinance for future consideration.

In other business, Bartlett & West finalized the facility report for the Freeburg Wastewater Facility Improvement Plan. The firm presented several options with estimated costs to the trustees: regionalization with Vienna ($12 million), aqua-point Moving Bed Bioreactor (MBBR) treatment with Ultraviolet (UV) disinfection ($5.1 million), and TriplePoint lagoon MBBR with UV Disinfection ($2.4 million).

Bartlett & West Engineer Kyle Landwehr did not believe that land application was feasible for Freeburg. He explained that their recommendation is to build the TriplePoint MBBR System for ammonia removal and UV disinfection for E. Coli. Landwehr recommends this type of system for municipalities under 1,000 people because they are the most cost-effective. The system would be able to utilize existing lagoons for primary treatments and use treatment tanks that are relatively small, resulting in a small footprint compared to other options. Bartlett & West has installed similar systems in Rosebud, Clarksburg, the Missouri Office of Administrations, and the Missouri American Water Company. According to Landwehr, the systems are relatively easy to operate and maintain.

Landwehr suggested the village could receive some funding through the Department of Natural Resources (DNR) State Revolving Fund Program. However, that would also require Freeburg voters to pass a revenue bond issue.

“We always find it is a pretty easy sell,” said Landwehr of passing a bond issue. “Regardless, the city has to do the project. I mean, you are going to continue to get hit by DNR, and if you don’t do something, you are going to start getting fines.”

“Next thing you know, we are going to have to shut off the dang water, and nobody’s going to be able to take a shower in their own dang house,” Zimmer said.

“When you tell the citizens that when you pass the bond, the village will be eligible for potentially some grant money to help pay for the project versus no grant money, it’s usually a pretty easy sell,” Landwehr explained.

Trustees approved Bartlett & West to apply for the SRF program, which is due on March 1. Landwehr noted that the paperwork is in place to submit the village’s application.

“The good thing about this is that by sending in your application, you’re not committed to it; you can withdraw your application at any time,” Landwehr explained. “Basically, by submitting the application, you are just getting your name in the hat.”

Trustees would like to have time to review the facility report before making any decisions.

Landwehr also noted that Bartlett & West had noted increased flow at the wastewater facility during rain that would indicate some inflow and infiltration problems.

Nickolaus added that DNR is going to want the inflow and infiltration to be addressed before the village works on the new wastewater facility.

Landwehr agreed that it’s going to be a DNR requirement.

“If you address some of the inflow and infiltration and we adjust the flow monitoring, we might be able to downsize equipment (for the new system), and it will save some costs there,” Landwehr explained.

But any cost savings in constructing the new wastewater system would be offset by the additional cost of repairing the inflow and infiltration problems. “But if that’s what DNR wants to see, that’s what we do,” Landwehr said.

He also requested help from the city to complete mapping of the sewer system.

“We have not finished updating it because the only way I can get that information is to get it from you guys, because I looked back at my records, and I can’t find where the extensions were, so if you draw them in for me, I can get them added, and we can come out and get them mapped,” Landwehr said.

Public Works Director Doug Hamacher has not yet used the mapping software’s free trial. Landwehr agreed to come out with extra help before the next board meeting and train Hamacher on how to use the new software, and then he could start the 21-day free trial. The cost of the mapping software would be $500 annually if the village decides to purchase it.

Landwehr noted that this would also help with getting the wastewater system mapped. After the mapping is completed, Bartlett & West will print out a colored map of the system to replace the outdated one at Village Hall.

• DNR requires Freeburg to have a licensed backup operator for the water and sewer system. Backup operator Jim Sandbothe had been listed but would like to be removed from that position immediately.

“He just wants us to get his name off of there,” Haller explained. “We’ve never paid him a dime. He said he’s not making any money, and he doesn’t want to do it anymore. I appreciate him for doing it for six to seven to eight years, but now we have to have a backup operator.”

Former Public Works Director Todd Feeler has reluctantly agreed to be the backup operator if the village pays his license renewal, which is $45 every three years, and let him use DNR vouchers to pay for online training courses required for the license renewal. Feeler would also like the village to continue to pay his cellphone bill, which is $58 per month. Feeler needs to complete online training and renew his license by the end of February.

Hamacher noted that there are plenty of vouchers available for him and Feeler to do their training.

Haller had no problem with the village paying for the renewal license and allowing Feeler to use the DNR vouchers, but he doesn’t think it is fair for the village to continue to pay Feeler’s cellphone bill.

“We may not call you one time this year, and we’re paying over $600,” Haller said. “On top of that, we’re paying you $40 per hour when we do need you.”

“But I don’t charge you for phone calls, and I get phone calls all the time,” Feeler argued. “My wife doesn’t want me to be a backup operator anyway.”

Haller noted he appreciated Feeler coming in but that the arrangement had to work for Feeler and the village of Freeburg.

“But we have to have somebody,” Hamacher added.

“I wouldn’t even know who else we would get to be a backup operator,” Haller admitted.

“You’re not going to find anyone better than Todd,” Hamacher said. “You’ve got to look at it this way: if I go on vacation for two weeks and you have to call Todd, he knows more than I know. He knows the pipes and everything (about the system).”

Zimmer also questioned the expense of paying for Feeler’s cellphone bill.

“I don’t care,” Feeler said. “It’s up to you guys, but that is what I would like to have. You can tell me no; it’s not going to hurt my feelings, but good luck finding someone else.”

Haller questioned if it was even legal for the village to pay Feeler’s cellphone bill since he wasn’t an employee.

Feeler insisted that the village had done the same thing for other people in the past.

Haller asked if Feeler would be willing to be paid a monthly retainer from the village, and then he would take care of his own cellphone bill. Feeler said that if the village would pay him $60 per month, he could pay his own cell phone bill.

Trustees approved paying Feeler’s license renewal fee and allowing him to use the DNR vouchers to get this training done before the end of the month. They will revisit the phone bill or retainer at the next meeting.

• Hamacher announced that he had passed his water test and now has both his water and wastewater licenses and his Commercial Driver’s License.

“We need to be looking at a little pay increase,” Hamacher said.

He noted that the trustees had promised him a raise once he received all requested certifications and licenses, but no set amount was discussed.

“I’m thinking about $23 per hour,” Hamacher said. “I did some research, and operators are getting $25 to $27 per hour.”

Zimmer protested that those amounts seemed a little high and came from towns with bigger populations than Freeburg.

“It’s just a number, but I am on call quite a bit,” Hamacher said. “I will say this; as soon as I got that license, I got three phone calls with job offers. I guess they need people.”

“Every place needs people,” Haller said. “They didn’t care about you when you were just learning, but once you got your license, they want you.”

“I’m not looking at going anywhere,” Hamacher said.

The village of Freeburg reevaluates salaries each year in March, and Hamacher agreed to wait until then to talk about his raise with the understanding that the raise would be backdated to March 1.

Haller noted he was thinking that $22.50 an hour would be the wage he was considering. Hamacher currently earns $19.50 per hour. Trustee Glen Haller and several other trustees congratulated Hamacher on getting his license and certifications.

• Freeburg businesses that have not renewed their business licenses are BK Tanning Company, LLC, Dave Lauberth Cabinets, J & D Auto Repair, Living the Dream Outdoor Properties, Pizza Kwik, Roger’s Water Conditioning & Plumbing, Show Me Convenience, and UNFUG, LLC, and DBA Red Barn Butchering. Village Clerk Nicki Bax will send out another letter reminding them they have not yet paid the $10 for their village business license. Trustees noted that if the fee is not paid, they will rescind the business license.

• Bax handed out the budget from last year and where the village stands with finances now. Trustees will vote on a new budget at the March meeting, and Haller instructed everyone to review the preliminary numbers and look at things that need to be adjusted for the new fiscal year.

Zimmer wanted to ensure money was included in the new budget to work on asphalting some streets.

• Freeburg will allow the American Legion Hall Post #317 to hook into the village’s water main for its new pavilion. The American Legion Hall will cover all the costs of the hookup and will pay water fees like any other resident.

• Hamacher is planning to have the two metal doors purchased to replace the shop’s entrance doors to be sprayed with industrial paint for $200 per door. Hamacher will repaint the frames and install new hardware for each door. The village also plans to purchase stickers to put over faded stop signs around town.

• Trustees approved the following expenses for the month: general revenue ($3,179.50), American Rescue Plan Act (ARPA) ($82.89), sewer ($1,840.59), and water department ($3,179.50).

• The village had the following account balances: general revenue checking ($28,226.44), general revenue money market ($408,386.22), sewer checking ($30,092.95), sewer money market ($259,223.55), purchasing account ($360.13), ARPA ($85,861.75), water ($3,935.62), water replacement ($1,375.06), and water money market ($725,650.57).

• The next meeting will be held on Monday, March 6, at 6:30 p.m.