By Jackie Gorski
Times-Union

BURKET — Burket Town Council did not record its meeting Thursday, July 10, in accordance with a state law that took effect July 1.In 2023, the Indiana General Assembly adopted HEA 1167-2023, which created a new statutory section within the Open Door Law statutes (I.C. 5-14-1.5-2.9). That statute was subsequently amended in HEA 1306-2024 and went into effect July 1.

The new statute requires certain local and state of Indiana entities to live broadcast all public meetings, keep a copy of the recording, and archive those recordings on their website for not less than 90 days, among other requirements. If the governing body does not have internet access for live transmission, the meeting must still be recorded and posted to a publically accessible platform after the meeting has concluded.

Council President Bill Rayburn said he is still trying to get his arms around the way he reads the procedures.

He said the statute says the council has to have a building where they can put the equipment to record meetings. The town doesn’t own the building they usually meet in, the Burket Firemans Training Center, the Burket Volunteer Fire Department does.

Rayburn talked with Burket Fire Chief Kevin McSherry to see if the fire department has equipment in the building to record meetings and Rayburn was told there wasn’t equipment to do so. Another problem Rayburn voiced was the amount of money it would cost to buy the equipment. Rayburn said he is looking for a loophole and also waiting to see how other towns handle the situation.

Kosciusko County Community Coordinator Amy Roe suggested the council get in touch with Eric Sorensen, Kosciusko County systems administrator. Roe said from her understanding, each town is complying with the statute differently based on what their abilities are. Rayburn said he would feel better to have someone to talk to.

During the beginning of the meeting, ordinance violations were discussed. Rayburn said a violation letter was reissued to a property on Broadway Street. There are now four unlicensed cars sitting at the property instead of three. He said he will do further action if needed, noting he will talk to Austin Rovenstine, who acts as town attorney when needed, about any liability issues they may come across if they tow any cars off the property.

Street Superintendent Brad Bibler said he approached a property owner about overgrown grass. He said the property owner was not aware of where the property ended. Bibler said he volunteered to mow the long grass that one time if the owner maintained it.

Rayburn also said he would talk to another property owner about cleaning up wood from a shed from their property and issue a ordinance letter.

Later in the meeting, Marvin McClone asked if the council had further discussed having a town attorney on retainer. Rayburn said they talked about it at their June meeting and has not discussed it further. At this point, Rayburn said, he didn’t know if the council wanted to pay a retainer to have an attorney sit at meetings.

McClone asked if the council ever voted if they want a full-time attorney. Rayburn said they’ve talked about it, but they have not taken a vote. Councilwoman Lena Ball asked if the town got one, if McClone thought things would get done like people cleaning up their properties. McClone said he did.

McClone said the town used to have a town attorney, but when he left, the council didn’t find a new one, and the property owners who had violations against them “waited you out.”

Ball said nothing got done when they had a town attorney. She said she had pros and cons about having a town attorney. McClone said he didn’t think the town needs an attorney for the council to have him do things, stating nothing is getting done in town. He said some of the same issues are being talked about for months on end.

McClone said people aren’t correcting ordinance violations until other ordinance violations are addressed. Ball said that’s why some of the things need to be addressed. McClone said the council does do some things, but ignores a lot.

Rayburn said he takes care of things he thinks are in the town’s best interest. He said he couldn’t take care of everything McClone wants. Rayburn said he jumped on the cars on the Broadway Street. McClone said there is more than one property like that in town and that property on Broadway was targeted.

Rayburn said he would get in touch with Rovenstine because “I worry about doing what you’re asking me to do.” If a person has an unlicensed car at a property for more than 30 days, procedures say to tag and pull that car, he said. Rayburn said he thinks it’s exposing the town a little bit too much, noting he’s trying to figure out what the town can do legally.

In other business, the council:

• Heard Bibler has put up some signs that were no longer there. So far, he said he has replaced the stop sign at South Street and CR 700 and replaced the sign on the north end of Market Street and Railroad and Walnut streets. He also painted all sign posts except for one along Walnut and Tucker. Rayburn said there is no stop sign on West Street when there should be.

• Heard Bibler contacted the Kosciusko County Sheriff’s Office about possibly getting a moveable speed limit sign and putting it up on Center Street. He did not know the cost. Rayburn said if people didn’t slow down on Center Street, perhaps the council should take a vote on possibly putting a stop sign on every crossroad leaving town.