DISCLAIMER: All minutes are considered draft until approved by the Town Council at a public meeting.
Regular Meeting Minutes –August 7, 2024
The Churubusco Town Council met on August 7, 2024 at 6:00 p.m. in the Town Hall. Members present were council members Mark Pepple, Nathan Van Horn, and Devin Keener, and Clerk-Treasurer, Madalyn Sade-Bartl. Others present were community members Linda Maynard, Diane Tiede, Louise Stangland, Marilyn Zeigler, Nikki King, Lisa Fensler, McKenna Fensler, Zach Fensler, Tim Fensler, Kyle Edlund, Nic Elliott, Tricia Elliott, Brad Millikan, Brian Clark, Miles Wilson, Jeanne Nolan, Lisa Waterman, Kayla Crance, Ephraim Krider, and Jared Krider. Also in attendance was Town Attorney, Andy Boxberger, and Park Superintendent, Rick Krider.
Mr. Pepple called the meeting to order, welcomed visitors, and led the Pledge of Allegiance. The Clerk called roll. All the members were present.
PUBLIC HEARING: ORDINANCE 2024-06
President Pepple opened the public hearing concerning Ordinance 2024-06: Amended and Restated Sewer Ordinance. He then turned the public hearing over to Mr. Boxberger. Mr. Boxberger explained the public hearing was to hear statements concerning changes made to the existing ordinance and not to hear statements pertaining to individual situations. He also advised that all comments should be capped at 3 minutes per speaker. The following individuals spoke in opposition to the ordinance:
Kyle Edlund, Property Manager of Turtle Town Plaza- He was surprised the ordinance was being brought up again because there was still an ongoing issue at Turtle Town Plaza. He claimed there had not been any proposed solution to the issue and urged the ordinance be tabled until the situation was remedied. Mr. Boxberger stated there had been several discussions between Turtle Town Plaza’s attorney and the Town including a solution to the issue that was sent several weeks ago, but the Town had not received an answer from Turtle Town Plaza’s owner.
Lisa Fensler- Written statement attached.
Tim Fensler- Written statement attached.
Kayla Crance- Written statement attached.
Lisa Waterman- She was concerned with the lack of measurables and cited policies from Blue Lake Conservancy District.
Brian Clark- Read the attached statement from Wayne Gibson.
Brad Millikan- Read the remainder of Ms. Crance’s statement. He also stated he represented Blue Lake Association and was concerned with the charges for violations.
Nikki King- She stated she would like to see a redacted version from the original and the proposed version. She stated transparency was a big concern.
Kayla Crance- She pointed out that the ordinance did not state after hours charges would only be applied for calls that were unrelated to infrastructure failure. Mr. Boxberger stated that language could and should be added to the ordinance.
After hearing all the comments, Mr. Pepple closed the public hearing for Ordinance 2024-06.
PUBLIC HEARING: ORDINANCE 2024-09
President Pepple opened the public hearing concerning Ordinance 2024-09: Amended Water Rate Ordinance. He then turned the public hearing over to Mr. Boxberger. Mr. Boxberger explained the same rules applied to this public hearing. The following people made statements regarding Ordinance 2024-09.
Kayla Crance- She stated the same language should be added concerning after hours calls.
Lisa Waterman- She asked what constituted after hours. Ms. Bartl explained it was outside the regular hours of the utility employees, but arrangements would still be made as they have been. She also explained the rationale behind the additional charges and circumstances that would be charged that fee.
Lisa Fensler- She stated everything needed to pause before moving forward as there were still unanswered questions for both this ordinance and the sewer ordinance.
Tim Fensler- He asked why there was an additional charge since the utility employees would be getting paid regardless. Ms. Bartl stated it was so all the other rate payers were not paying for the overtime caused by one user. She also stated that you would expect to pay a plumber extra if they were called in the middle of the night or on the weekend. This charge was no different.
After hearing all the comments, Mr. Pepple closed the public hearing for Ordinance 2024-09.
Approval of Minutes- July 17, 2024
Mr. Keener made a motion to approve the minutes from July 17, 2024 as presented. Mr. Pepple seconded, and the motion passed 2-0. Mr. Van Horn abstained.
Approval of Claims:
Claims Vouchers dated August 7, 2024 in the amount of $600,011.09 were presented and approved.
Public Comment:
Lisa Waterman praised Rick Krider and his management of the Churubusco Park. She also stated the new pickleball courts were very busy and that she was holding a clinic August 25 & 26.
Kayla Crance stated the one ADA accessible parking space downtown was not ADA accessible. It was suggested by Miles Wilson and Ms. Bartl that the Town make the area in front of Franklin Promenade an accessible space. She stated she would coordinate with the street superintendent, Jeremy Hart, to get that area marked and thanked her for bringing it to the Town’s attention.
Lisa Fensler stated the one-way arrow that was painted by St. John Bosco at the entrance of the alley that runs adjacent to the church needed to be painted over as the alley is not one-way. Ms. Bartl stated she would again remind Mr. Hart to paint over the arrow.
Nikki King stated the lines on the one-way section of Washington needed to be white instead of yellow since it was a one-way road.
Old Business:
1. Ordinance 2024-06: Amended and Restated Sewer Use Ordinance: Mr. Boxberger stated that if the Council wished to proceed with passing the ordinance, language pertaining to after-hours calls for non-infrastructure related issues should be added. He stated that, in reference to Turtle Town Plaza, he never thought the Town would pass this ordinance and then immediately fine the property for violating the ordinance, especially since the Town was trying to work with the owner on solving the problem. However, he did state the language and ability to fine property owners for violations did need to be in the ordinance and he reminded the Council that this ordinance needed to be passed at some point as IDEM was the driving force for many of the additions and changes that were made. He suggested the ordinance could be passed with the stipulation that violations would not be assessed as the Town and Turtle Town Plaza work to remedy the situation. Mr. Van Horn stated he would like to continue to try to remedy things with Turtle Town Plaza and table it until that situation was solved. Mr. Keener clarified with Mr. Boxberger on measurables being outlined within state code. Mr. Boxberger stated there were several limitations for discharges within the system that are based on Indiana Administrative Code and the Town’s IDEM permit. He stated he was unsure of exactly what measurables the public comments were referring to, but stated the Town’s staff had to be empowered and have the ability to act when things are not properly working and have a reasonable standard that allows the staff to act reasonably. There are protections within the ordinance for property owners including an appeals process. The ordinance allows Town designees to do their job to protect the system but also allows property owners an opportunity to appeal decisions they do not agree with. Mr. Pepple stated those were fair points. Mr. Keener stated he felt like the Council needed to start somewhere and get something on the books, especially since leniency could be granted to Turtle Town Plaza as they progressed through negotiations. He made a motion to pass Ordinance 2024-06 with the understanding the Town take leniency into consideration when dealing with Turtle Town Plaza. He felt it was a burden to the Town and to the other users of the system to continually pay fees related to the equipment at the aforementioned property. Mr. Boxberger asked if that motion included the change related to the addition of language concerning the after-hours fees. Mr. Keener restated his motion to include that clause. Mr. Pepple seconded, and the motion carried 2-1 with Mr. Van Horn voting nay.
Mr. Keener then made a motion to exempt Turtle Town Plaza from fines for sixty days as the Town and property owner negotiated a solution. Mr. Pepple seconded, and the motion carried 3-0.
2. Ordinance 2024-09: Amended Water Rate Ordinance: Mr. Boxberger suggested the same language be added regarding after-hours charges being charged for services that were not related to infrastructure failure. Mr. Keener made a motion to approve Ordinance 2024-09 with the recommended changes. Mr. Van Horn seconded, and the motion carried 3-0.
New Business:
1. Ordinance 2024-10: Issuance of Liquor Permits and Licenses: Mr. Boxberger stated there was a newer state statute that allowed towns under 5000 to allow additional 3-way permits to be granted by the state. If passed, the ordinance could not be repealed for 2 years and sixty days. Mr. Pepple made a motion to introduce Ordinance 2024-10. Mr. Van Horn seconded, and the motion carried 3-0. Mr. Pepple made a motion to suspend the rules and pass Ordinance 2024-10 on first reading. Mr. Van Horn seconded, and the motion carried 3-0.
2. Approval of 2024-2025 SRO Contract: Ms. Bartl presented the 2024-2025 SRO contract that had been signed by the Smith-Green School Board. She stated the only change to the previous contract was an increase in the contract fee which she and Dr. Voigt had negotiated. Mr. Van Horn made a motion to approve the presented contract. Mr. Keener seconded and the motion carried 3-0.
3. Hiring of High School Utility Intern: Ms. Bartl stated she, Mr. Hart, and Mr. Rick Krider had interviewed Ephraim Krider. He was seeking a work-based learning intern position. Ephraim was present and she introduced him to the Council. She stated his direct supervisor would be Mr. Hart, but he would be spending most of his time at the park until October-November and then again mid-February-March. Mr. Rick Krider stated he was in need of help. Mr. Keener made a motion to hire Ephraim Krider as a utility intern. Mr. Van Horn seconded, and the motion carried 3-0. The Council welcomed him to the team.
4. Pay Application #7- Project B Sewer Project- API Construction: Ms. Bartl presented pay application #7 for API in the amount of $173,237. Mr. Van Horn made a motion to approve the pay application as presented. Mr. Keener seconded, and the motion carried 3-0.
5. EDC Discussion: Mr. Boxberger stated the Biggs Group, developer of Turtle Meadows, had been awarded a state loan. However, the loan had to be issued to a public entity as they had bonding authority. In order for that to happen, the Town would need to establish an economic development commission (EDC). He assured the Council it would not cost the Town anything as an agreement with Biggs would be made after the Commission is established that would require Biggs pay back the bond. Once that agreement was in place, the EDC would issue the bond. He stated if the Council was ok with this, he would prepare an ordinance establishing the EDC. The Council agreed to having Mr. Boxberger prepare that document.
6. Façade Grant- New Life Furniture: Ms. Bartl presented a Façade Grant application for New Life Furniture for a mural on the back of the building (facing Line Street). Mr. Van Horn made a motion to approve New Life Furniture’s grant request of $450. Mr. Keener seconded and the motion carried 3-0.
Department Reports:
Jeremy Hart, Town Supervisor:
Mr. Hart was not present, but left the attached report.
Bob Gray, Wastewater Treatment Plant Supervisor:
Mr. Gray was not present.
Dustin Papenbrock, Town Marshall:
Mr. Papenbrock was not present.
Rick Krider, Park Superintendent:
Mr. Krider stated everything was good at the park.
Andy Boxberger, Town Attorney:
Mr. Boxberger had nothing to report.
Council Reports:
Mark Pepple:
Mr. Pepple stated he appreciated everyone who attended the meeting and appreciated their input.
Devin Keener:
Mr. Keener had nothing to report.
Nathan Van Horn:
Mr. Van Horn had nothing to report.
Madalyn Sade-Bartl:
Ms. Sade-Bartl presented the attached report. She reminded everyone Line Street would be closed the afternoon of August 23 until Saturday evening/Sunday morning for the Art Festival and Chalk Walk.
Having no other business and after all the proper papers were signed, Mr. Pepple adjourned the regular meeting.
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Council President, Mark Pepple
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Council Member, Devin Keener
ATTEST:
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Clerk-Treasurer, Madalyn Sade-Bartl Council Member, Nathan Van Horn
