Meeting Minutes – June 5th, 2024

by Madalyn Sade-Bartl on June 14, 2024 in Meetings, Minutes

Meeting Minutes – June 5, 2024

The Churubusco Town Council met on June 5, 2024 at 6:00 PM in the Town Hall. Members present were council members Mark Pepple, Devin Keener and Nathan Van Horn. Others present were Rick Krider, Park Superintendent; Dustin Papenbrock, Town Marshall; Natalie Blessing, Deputy Clerk; and local residents Dave Cooper, Mary Ann Hazen, Peggy Wise, Caroly Grawcock, Jennie Buckland, Doug Claxton, Connie Claxton, Garry Lyons, Nikki King, Monica Nichols, Kevin Nichols, Miles Wilson, Brian Clark, Jeanne Nolan, Lisa Fensler, McKenna Fensler, Kayla Crance, Monica Millikan, Dan Millikan, Kyle Edlund, Tim Fensler, and Lisa Waterman.
Council President Mark Pepple called the meeting to order, welcomed visitors, and led the Pledge of Allegiance. The Deputy Clerk called roll. Clerk-Treasurer, Madalyn Sade-Bartl was absent.
PUBLIC HEARING: Ordinance 2024-06: Amended and Restated Sewer Use Ordinance:
Council President Mark Pepple opened the public hearing.
Kevin Nichols spoke regarding his concerns of Ordinance 2024-06. These concerns included what changes were being made and what was already in place; the legal rights for the Town to enter a home; section 7 which included the temperature of liquids; formatting issues within the ordinance; and the use of the word “opinion” in section 6. He felt the ordinance was vague and had many questions regarding the specifics of how testing and monitoring would be done.
Dave Cooper had questions regarding the Regional Sewer District. Mr. Pepple informed him this hearing was not relevant to the Regional Sewer District.
Miles Wilson wanted to know what was new and what was old in the ordinance. He also presented concerns regarding section 10. He felt this could be a violation of his 4th amendment rights if the Town were to enter his residence without probable cause. He also questioned the notice of violations and asked if there would be a timeline to correct any violations after the first offense.
Kyle Edlund spoke on behalf of Turtle Town Rentals. He brought up concerns about the potential imprisonment for sewer related violations. He felt as though that was extreme, when in his opinion any violation relied on subjective information, not facts. He stated the blame has continually been placed on Turtle Town rentals, when the Town have been the only people to work on the lift station.
Kayla Crance stated she did not believe the ordinance should be passed. She believed it contained very vague language that could lead to a lot of interpretation by the Town. She questioned section 5, asking if the Town would be liable for a disruption of service if it was the District’s malfunction. She also questioned the accessibility section of the ordinance, referring to the idea that the IURC must have easements/right of ways/permission to access a property and believes the Town should do the same. She was concerned with potential 4th amendment violations. She also raised concerns regarding section 12, stating there was no appeal or due process for individuals to dispute violations or penalties. She questioned the idea of violation leading to a potential misdemeanor and wanted to know how that would happen. She then asked if business owners would be held liable if someone were to flush prohibited substances in a public restroom. She asked if the Town would do due diligence to ensure any violation was intentional by the business owner.
Lisa Waterman spoke on behalf of Blue Lake Conservancy District. She raised concerns with the idea that a sewer issue could lead to a criminal charge. She believes it should only be a civil matter. She also stated the Town should provide evidence for any violations, and not go on someone’s opinion.
Nikki King of King Realty addressed the council with her concerns. These included the use of imprisonment for a violation and the idea that the Town could enter into a residence. She also stated she believed the Town should have evidence to back up any opinions regarding violations. She asked the ordinance be tabled.
Lisa Fensler, owner of Heroes Pizza, spoke to the council about her concerns. She strongly believed the ordinance should be tabled, referencing formatting issues, lacking content, and the use of the word opinion. She stated that the Town believes her business is responsible for grease trap and grinder issues when she said grease has never been found in their lines, only the main, and that there is no evidence to suggest they are causing the problems.
Tim Fensler, owner of Heroes Pizza, addressed the council with similar concerns and asked them to table this ordinance. He stated the word opinion should be replaced with scientific facts. He asked who would be the oversight for these violations to ensure that a business would not be shut down. He stated there was no evidence for where the grease was coming from in their grinder. They had a 3rd party state that the pump was undersized and there were other issues causing grease to flow back up the pipes and into the lift station. He is upset because he believes no one has told him how to fix the issue or prove that he is the problem to begin with.
Dan Millikan invited the council to come look at the grinder pump in question so he could show them what his 3rd party found.
Having no other public comments, Mr. Pepple closed the public hearing.
PUBLIC HEARING: Ordinance 2007: Amended Weed Ordinance:
Mr. Pepple opened the public hearing.
Lisa Fensler and Kayla Crance both noted that this ordinance included measurables, including a time frame and process which they believed was a positive.
Miles Wilson asked if a system could be put in place for landlords to be notified when properties were in violation of the ordinance.
Having no other comments, Mr. Pepple closed the public hearing.
Approval of meeting minutes for May 15, 2024:
Meeting minutes for May 15, 2024 were presented. Nathan Van Horn made a motion to approve the May 15, 2024 meeting minutes as they were presented. Mr. Pepple seconded the motion. Mr. Keener abstained and the motion carried 2-0.
Approval of claims and payroll vouchers:
Claims vouchers dated June 5th, 2024 in the amount of $214,690.43 were presented and approved.
Public Comment:
There were no public comments.
Old Business:
1. Ordinance 2024-06: Amended and Restated Sewer Use Ordinance: Mr. Keener made a motion to table Ordinance 2024-06. Mr. Van Horn seconded and the motion carried 3-0.
2. Ordinance 2024-07: Amended Weed Ordinance: Mr. Keener made a motion to pass Ordinance 2024-07. Mr. Van Horn seconded and the motion carried 3-0.

New Business:
1. Pay Application #5 – Project B: Pay application #5 for API was presented in the amount of $472,442.60. Mr. Van Horn made a motion to approve the pay application. Mr. Keener seconded and the motion carried 3-0.
2. Pay Application #9 – Sewer Projects C&D: Pay application #9 for API was presented in the amount of $115,349.00. Mr. Keener made a motion to approve the pay application. Mr. Van Horn seconded and the motion carried 3-0.
3. Approval of C&A’s CF-1: Mr. Pepple advised C&A has met the requirements. Mr. Keener made a motion to approve C&A’s CF-1. Mr. Van Horn seconded and the motion carried 3-0.
Department Reports:
Jeremy Hart, Water/Street Department:
Mr. Hart was not present but provided the council the attached report.
Bob Gray, Wastewater Treatment Plant Supervisor:
Mr. Gray was not present.
Dustin Papenbrock, Town Marshall:
Mr. Papenbrock advised that he was working on Turtle Days preparation.
Rick Krider, Park Superintendent:
Mr. Krider advised they have been very busy getting ready for Turtle Days. He also stated the pickleball court should be completed tomorrow.
Andy Boxberger, Town Attorney:
Mr. Boxberger was not present.
Council Reports:
Devin Keener:
Mr. Keener had nothing to report.
Mark Pepple:
Mr. Pepple had nothing to report, but thanked the public for coming to the meeting.
Nathan Van Horn:
Mr. Van Horn asked those present to email him their concerns that were brought up during the public hearings. He had nothing to report.
Madalyn Sade-Bartl:
Ms. Bartl was not present but provided the attached report.
Having no other business and after all proper papers were signed, Mr. Pepple adjourned the regular meeting.