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Ben Baugh - Staff Writer


Burnettown may face legal battle over business ordinance

August 23, 2005

 BURNETTOWN –– A stream of steady debate could be heard throughout the Burnettown Town Council chambers Monday evening.

Under the new business portion of the agenda, discussion regarding the submission of the petition by the Horse Creek's Merchants Association to place the binding referendum on the November ballot in regard to the Burnettown Business License Ordinance that was passed in December 2004. The move was challenged by members of the Burnettown town council.

"I move to initiate legal action for declaratory judgment to determine whether or not the petition is legal," said an emotional James McIntosh, town councilman.

The Horse Creek Merchants Association obtained 272 valid signatures, 71 more than the required number, for the referendum to be placed on the ballot.

"We are prepared to address this legally," said Mel Minitor Horse Creek Merchants Association chairman. "I don't want to see this happen, I would like to see the citizens and Town Council work together. But if legal action is going to happen, we will expedite the petition for the deannexation of Burnettown. The petition we submitted was certified legal by the registrar's office. If Council blocks the binding referendum from being placed on the ballot, we will enact the deannexation petition."

The intense discussion between Council and the chamber audience may serve as a barometer for the upcoming election.

"The citizens have a chance to organize and get together in November to vote," said Kenneth Ferguson, town councilman. "There are three seats that are up for election."

Councilman Wayne New read into the record that South Carolina State Code 17-10 states the electors of a municipality may propose any ordinance except an ordinance appropriating money or authorizing the levy of taxes, in defense of the town's actions.

Members of the Business License ad-hoc steering committee were named during the meeting. Kenneth Ferguson and Robert Workman were named as the representatives from Council; representing the citizens of Burnettown will be C.H. Williams and Link Atkinson and representing the Horse Creek Merchants Association will be Johnny Hollowell and Bobby Griffin, Jr.

A public hearing and second reading to discuss the amending of nuisance ordinance was addressed at the meeting.

The motion to amend the ordinance was made by Councilman New regarding city occasions and public celebrations in an effort to define parameters and set a time for the event that the festivity could not go beyond. Any group applying for a permit would have to go before Council. A proviso would be added to the existing ordinance that no such permit should extend beyond 12 a.m.

Mayor Wayne Benson addressed during the meeting that the town is looking for members for the community recreation center steering committee. Funding for the project will come from the Local Option One-Cent sales Tax.

Volunteers are still needed for the 11th Annual Horsecreek/Midland Valley Sassafras Festival, scheduled for September 30 and October 1.

For more information about the festival, call (803) 593-2676.

 

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