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HomeMy Public PortalAbout04-12-1999 Regular Session . . . 012 MINUTES HILLSBOROUGH TOWN BOARD April 12. 1999 7:30 PM, Town Barn The Hillsborough Town Board held a regular meeting on April 12, 1999 at 7:30 PM in the Town Barn. Present for the Board Meeting were Mayor Horace H. Johnson, Sr., Commissioners Catherine Martin, Frances Dancy, Kenneth chavious, Richard Simpson, and Evelyn Lloyd (arrived late). Staff present were Town Manager Eric Peterson, Finance Director Sherry Carter, Town Clerk Donna Armbrister, Town Engineer Kenny Keel, and Planning Director Margaret Hauth, Police Chief Nathaniel Eubanks, Public Works Director Pete Champion, and Development Coordinator Julie Vance. Mayor Horace H. Johnson, Sf., called the meeting to order at approximately 7:35 PM. 1. PUBLIC CHARGE Mayor Horace H. Johnson, Sr., read the Public Charge. 2. ADDING ITEMS TO THE PRINTED AGENDA Town Manager Eric Peterson requested to add as Item 9.E Consideration of Approvalof Annual Membership dues of $1 ,000 to the Greater Triangle Regional Council. By consensus, the Board agreed. 3. AUDIENCE COMMENTS A. Matters on the printed agenda There were no audience comments. B. Matters not on the printed agenda There were no audience comments. 4. APPROV AI, OF THE MINUTES OF THE MARCH 8m AND APRIL 1ST, 1999 BOARD MEETINGS Upon a motion by Commissioner Dancy, seconded by Commissioner chavious, the Board moved to approve the Minutes of the March 8th and April 1St, 1999 Board Meetings as presented by a vote of 4-0. The motion was declared passed. Page 1 . . . OJ3 5. CAROI~INA GYM SUPPLY A. Ben Edkins - Carolina Gym Supply to address the Board regarding the Town's Sewer Line Mr. Ben Edkins, owner of Carolina Gym Supply appeared before the Board requesting that the Town extend the Town Sewer Line to his business. Commissioner Evelyn Lloyd arrived at the meeting at approximately 7:43 PM. After some discussion, and by consensus, the Board directed staff to evaluate the feasibility of extending the sewer line and report back to the Board at the May 1999 Regular Board Meeting. 6. REPORTS B. Report from the Margaret Lane Cemetery Committee Public Works Director Pete Champion updated the Board on the progress with the Margaret Lane Cemetery improvements. Thus far, the improvements include: the purchase of two concrete benches, the purchase of30 crepe myrtles, trimming of trees, clearing of undergrowth, re-seeding, and fertilizing. C. Presentation on Proposed Grant Application and Design Process for Expanding and Renovating the Water Treatment Plant Town Manager Eric Peterson informed the Board that Finkbeiner, Pettis & Strout, Ltd. has made the Manager and Engineer aware of a grant opportunity for the expansion and renovation of the Water Treatment Plant. Town Engineer Kenny Keel provided a summary of Finkbeiner's proposed renovation design. Manager Peterson explained that the renovation design is estimated at $500,000. Peterson stated that the Town expects to receive $500,000 from the close out of the Reservoir Project. Peterson recommended obtaining installment financing for any further Reservoir related expenses and using the $500,000 from the close out to fund the Water Treatment Plant renovations. Peterson also recommended waiting until May to approve the design contract with Finkbeiner to allow staff additional time to conduct some design comparisons to ensure the Town is getting the best price available. Page 2 . . . 01.4 D. Commissioner Dancy will provide an update to the Board regarding the Board of Energy Commissioner Frances Dancy reported that the US Department of Energy is coordinating "Clean Cities" which is a locally-based voluntary, government/industry partnership to expand the use of alternatives to gasoline and diesel fuel. The common names of the alternative fuels identified in the Energy Policy Act of 1992 (EPACT) are ethanol, methanol, natural gas, electricity, and liquefied petroleum gas (propane). Commissioner Dancy stated that the US Department of Energy is mandating that all government vehicles convert to an alternate fuel source by the year 2002. 7. REPORT FROM THE TOWN MANAGER Town Manager Eric Peterson distributed copies of the Schools and Land Use Memorandum of Agreement for Providing Coordinated Site and Facility Planning to the Board members and informed them that Orange County is requesting any comments on the Agreement that they may have. Manager Peterson asked the Board to notify him of any comments they wish him to pass on to the County. Manager Peterson informed the Board that at the Regular Board Meeting in May, 1999, the Local Government Commission will come to present the State Treasurers Award for Innovations in Accounting and Finance on our Multi-year Budget/Financial Plan. 8. REPORT FROM THE TOWN ENGINEER Town Engineer Kenny Keel introduced Julie Vance as the new Development Coordinator for the Town. Engineer Keel gave a status report on the reservoir project and all current water and sewer proj ects. 9. ITEMS FOR DECISION - CONSENT AGENDA A. Approval of a Resolution in Support of the Regional Transportation Alliance Action Plan Approval of a Budget Amendment to help fund the hosting of the Special Olympics Team from Nepal Approval ofa Proclamation declaring May 6, 1999 as "A Day of Prayer in Hillsborough" Miscellaneous Budget Amendments B. c. D. ADDED ITEM E. Approval of$I,OOO Annual Membership Dues to the Greater Triangle Regional Council Page 3 . . . 015 Commissioner Martin requested that Item C be removed from the Consent Agenda for separate consideration. By consensus, the Board agreed. Upon a motion by Commissioner Dancy, seconded by Commissioner Simpson, the Board moved to approve Items A, B, D, and E of the Consent Agenda as presented by a vote of5-0. The motion was declared passed. A copy of the Resolution in Support of the Regional Transportation Alliance Action Plan and the aforementioned budget amendments are hereby made a part of these Minutes as an Attachment. C. Approval ofa Proclamation declaring May 6, 1999 as "A Day of Prayer in Hillsborough" Commissioner Martin stated that she is opposed to government sponsoring any declaration of religion. Mayor Johnson commented that the Board has participated in this "Day of Prayer" in the past. Commissioner Dancy commented that since US currency has printed on it "In God We Trust", she had no problem voting in favor ofthe Proclamation. Commissioner Simpson expressed concerns with assigning a specific day for prayer. Upon a motion by Commissioner Dancy, seconded by Commissioner Lloyd, the Board moved to approve the Proclamation declaring May 6, 1999 as "A Day of Prayer in Hillsborough" as presented by a vote of 4-1 with Commissioners Dancy, Lloyd, Simpson, and Chavious voting Aye and Commissioner Martin voting Nay. The motion was declared passed. A copy ofthe Proclamation is hereby made a part of these Minutes as an Attachment. 10. ITEMS FOR DECISION -- REGID.AR AGENDA A. Consideration of a request from Churchill and Banks to remove the condition to have sidewalks on both sides of John Earl Street in the Granville Center Development Planning Director Margaret Hauth explained that during the Granville Centre project review, the Planning Board asked the developers to consider installing sidewalks, which they agreed to do. Sidewalks along both sides of the street were included as a condition of subdivision approval. Churchill and Banks submitted a bond for the completion of the public improvements (road & sidewalks) in order to record the final subdivision plat and sell lots. The final plat includes the written condition that sidewalks will be constructed, per the Town's requirement. The Planning Bard considered the developer's request at their March meeting and unanimously recommended that the condition stand. They based their decision on fact that I) the Page 4 . . . 01.6 request did not meet the variance findings of fact in the subdivision regulations; 2) the developers had previously agreed to install the sidewalks; 3) installing sidewalks during construction is much more cost efficient than retrofitting an area; and 4) the development is compact enough that customers would likely walk from store to store if safe walkways were provided. Planning Director Hauth introduced Mr. Pat Mallett, representing Churchill and Banks. Mr. Mallett addressed the Board stating that the developer intends on providing sidewalks and pedestrian access within the development. However, subsequent site planning of the development has revealed factors that would lead one to question the relevance of providing two sidewalks as shown on the Preliminary Subdivision Plan. It appears that such a duplicate effort would not produce any substantial benefit for the development, pedestrians, or the Town of Hillsborough. Upon a motion by Commissioner Chavious, seconded by Commissioner Simpson, the Board moved to remove the condition to have sidewalks on both sides of John Earl Street in the Granville Center Development as requested by a vote of 5-0. The motion was declared passed. B. Discussion of an Ordinance to Regulate Animal Waste Mayor Horace H. Johnson, Sr., initiated a discussion proposing the Board consider approving an Ordinance to Regulate Animal Waste. Commissioner Lloyd expressed her concerns with the Town's ability to enforce such and Ordinance. Commissioner Martin expressed her concerns with the Town Board enacting law regulating animal waste. After some discussion, and by consensus, the Board directed the Town Manager to review ordinance options and report back to them at their Regular Board Meeting in July, 1999. C. Confirm Budget Workshop Meeting Dates Town Manager Peterson confirmed the proposed Budget Work Session dates as: Thursday, May 13th, 7:00 PM, Police Department Training Room Monday, May 17th, 7:00 PM, Police Department Training Room Thursday, May 20th, 7:00 PM, PUBLIC HEARING & Budget Work Session, Town Barn Ifneeded, Tuesday, June 1St, 7:00 PM, Police Department Training Room Page 5 . . . 017 D. Commissioners' Pay Schedules Town Manager Peterson mentioned two issues regarding the Commissioners' Pay Schedules which were discussed during the 1999 Board's Goal Setting Retreat: 1) frequency of Commissioners paychecks, and 2) whether or not to take taxes out of the checks. Manager Peterson stated that Finance Director Sherry Carter performed a survey of surrounding governing boards and all had taxes taken out of their checks. Manager Peterson assured the Board that the staff can handle this situation any way the Board chooses, although, it would be much easier if the checks were "cut" the same way for every Board member (e.g., bi-weekly, montWy, and taxes or no taxes). Commissioner Dancy requested to have taxes withheld from her check. All other Board members requested to have their checks remain the same and on the same schedule. E. Discuss adjusting Vacation Accrual Formula for Employees Town Manager Peterson reported that Town Clerk Donna Armbrister and Finance Director Sherry Carter recently identified some inconsistencies and deficiencies in the Town's vacation accrual policy for its employees. Donna performed a survey to compare the Town's policy versus 13 other local governments, including our surrounding neighbors. The initial concern regarding the policy is that Town employees stop accruing additional vacation hours (on a monthly basis) after they've been with the Town for 10 years. This appears to be inconsistent with most other cities. In reviewing the comparisons, it seems that the Town is not woefully behind and often in line with other (smaller) jurisdictions. Peterson recommended that the Board consider adopting the same vacation accrual schedule as our neighbors, the Towns of Chapel Hill and Carrboro for the following reasons: I)The Town of Hills borough competes directly with other area local governments for employees (both recruitment and retention) and while we cannot afford to pay the same level of salaries, small benefits like this are quite helpful in making the Town an attractive employer; 2) this is an easy and relatively inexpensive way to provide an added benefit to the employees, there will obviously be some minor expenses incurred in the future, but nothing of major significance; 3) the schedules from Chapel Hill and carrboro provide slightly more vacation hours for all years of tenure for employees compared to Hillsborough, so all our employees would receive some benefit, yet these hours are still not as great as those provided to Orange County employees; 4) this is an opportunity to something positive for our employees who are regularly asked to do more with less. This would also be a gesture which is unexpected and unrequested from the employees and would be seen as an excellent show of support and morale booster for the employees. Upon a motion by Commissioner Simpson, seconded by Commissioner chavious, the Board moved to approve an amendment to Chapter 4, Section 4-22 Annual Leave of the Town Code adjusting the Annual Leave Accrual Rates to equal that of the Town of Chapel Hill and Page 6 . . . OJ8 Carrboro by a vote of 5-0. The motion was declared passed. A copy of the survey presented is hereby made a part of these Minutes as an Attachment. F. Consider amending Section 12-14 of the Town Code, regarding the permitting of "pit bums" for land clearing at least 20 acres in size Town Manager Eric Peterson reminded the Board that at last month's meeting the Board directed him to develop a proposed amendment to address the "pit burning" issue raised by Centex Homes regarding their desire to conduct this activity at the Beckett's Ridge Subdivision. The Ordinance was drafted using information discussed at last month's Board meeting, provisions from the Town ofCary's Burning Ordinance, and suggestions from the Town's Fire Inspector. Peterson stated that the proposed Ordinance was also reviewed and endorsed by the Town's Fire Inspector. Upon a motion by Commissioner Simpson, seconded by Commissioner chavious, the Board moved to approve the Ordinance amending Chapter 12, Section 12-14 Open Burning of the Town Code as presented by a vote of 5-0. The motion was declared passed. A copy of the Ordinance is hereby made a part of the Minutes as an Attachment. G. Consider approving agreement with Finkbeiner, Pettis, and Strout to provide Final Design Phase services for the expansion/renovation ofthe Town's Water Plant As discussed during the Report of the expansion/renovation design of the Water Plant, this Item is Tabled until May, 1999. 11. APPOINTMENTS A. Appointment of Jim Muhlig to serve on the Tree Board Upon a motion by Commissioner Lloyd, seconded by Commissioner chavious, the Board moved to appoint Jim Muhlig to serve on the Hillsborough Tree Board by a vote of 5-0. The motion was declared passed. . Mayor Horace Johnson called for a ten minute recess. Mayor Horace Johnson reconvened the meeting at approximately 9:10 PM. 12. CLOSED SESSION A. Closed Session for the purpose of discussing Reservoir Litigation Upon a motion by Commissioner Martin, seconded by Commissioner Lloyd, the Board moved to go into Closed Session for the purpose of discussing Reservoir Litigation by a vote of 5-0. The motion was declared passed. Page 7 . . . OJ9 13. ADJOURN After returning to Open Session, and upon a motion by Commissioner chavious, seconded by Commissioner Simpson, the Board moved to adjourn at 9:20 PM by a vote of 5-0. The motion was declared passed. ~~ Donna F. Armbrister, CMC Town Clerk Page 8 Town of ~ H!Y~ BUDGET AMENDMENTS GENERAL FUND APRIL, 1999 BEFORE ADJ. ADJ. REVENUES: 10-3350-100 Misc.-Confiscation %AGE ~ EXPENDITURES: 10-5100-571 Police-Misc.-lDrug Buy $11972 $1. 784 ~ To fund receipt of substance abuse taxes and restitution payments. . WATER FUND EXPENDITURES: 30-7220-531 Eng.-Upper Neuse River 30-9990-000 Contingency . $ -0- 105 847 $105,847 To fund Associational dues for the Upper Neuse River Basin. APPROVED: 0'1-/;1, ..../99CJ VERIFIED' - ~~ Donna F. Armbrister. Town Clerk $1,460 ( 1460) ATTACHMENT 9.D 020 AFTER ADJ. ~ $14.756 $ 1.460 104,87 $105847 137 North Clutrton Street · P.O. Box 429 · HiIlsborougir, _"ortiz Curoiina 27:!7;-t 919~732-2104 · Fax: 919-7.12-1028 021 '- TOWN OF IDLLSBOROUGH RESOLUTION IN SUPPORT OF REGIONAL TRANSPORTATION ALLIANCE RECOMMENDATIONS WHEREAS, Hillsborough is growing at an unprecedented rate; and WHEREAS, an excellent transportation system is a key element in economic progress; and, . WHEREAS, the continued growth and prosperity of our region is dependent upon economic development and an excellent quality of life: and NOW, THEREFORE, BE IT RESOLVED, the Town of Hills borough, hereby strongly supports the transportation and legislative recommendations included in the Regional Transportation Alliance Action Plan. Further, the Chamber wants to be a party in any regional land use plan discussions. We encourage the full consideration of these recommendations by state and local governing authorities. We also encourage the Triangle Transit Authority to include~a~.1ihk:to the Raleigh-Durham International Airport in its Phase I plan. ~~ :+ - --~ --. '-~\!\ ~y, C ~..;.>~.. c ~ _:., ,,-!l~'- - -~ --~~ Z 40..:'-.;- . ~We10lved this ili1;:J2'~day of April, 1999. 9i~, ~ ((I, .f? ~;~ ':;:~~;r, ~l :=:,= ....... :'. .,SE" :r:, 'A"" ~ q L>_' fiJ.:.o I": a. ~~~~';4"; p:~-, ~ ~f, ~"J "\ t:k ' ~'(p , {:,. " ..!q.,,~' ~. c. 'L-~';;:'~ ~ ~'V ,./"f ". o,'~' ~ i\~"'=> ~ ..,~":~~,,::~~,,~~- ~~~Y- Horace H. Johnson, S ., Mayor Town of Hillsborough - Town of -HV1~ ATTACHMENT 9 ~ B 022 BUDGET AMENDMENTS GENERAL FUND APRIL, 1999 BEFORE ADJ. ADJ. AFl'ER ADJ. EXPENDITURES: 10-6900-931 Special Olympic Contrib. 10-9990-000 Contingency 5 -0- 20.300 $2.000 ( ? (00) $ 2,000 18100 520.300 $20,300 To fund contribution to the Chamber of Commerce to help defray expenses of hosting Nepal during the Special Olympics. . APPROVED: tJ4-1;l -111! VERIFIED: ~~ Donna F. Armbrister. Town Clerk ....... - 137 North. Clwrton Stred · P.O. Box 429 · Hillsborough. North CaroJina 27278 919.732.2104 · Fax: 919.732.1028 A'ITAcHMENT 9. C O?3 ~ PTOCM/ffllffO!l WHEREAS, Civic prayers and national days of prayer have a long and venerable history in our constitutional republic, dating back to the First continental Congress in 1775; and WHEREAS, The Declaration of Independence, our first statement as Americans of national purpose and identity, made "the Laws of Nature and Nature's God" the foundation of our United states of America and asserted that people have inalienable rights that are God-given; and WHEREAS, The Supreme Court has affirmed the right of state legislatures to open their sessions with prayer and the Supreme Court and the U.S. Congress themselves begin each day with prayer, and WHEREAS, In 1988, legislation setting aside the first Thursday in May in each year as a national Day of Prayer was passed unanimously by both Houses of Congress and signed by President Ronald Reagan; and . WHEREAS, The National Day of Prayer is an opportunity for Americans of all faiths to join in united prayer to acknowledge our dependence on God, to give thanks for blessings received, to request healing for wounds endured, and to ask God to guide our leaders and bring wholeness to the United States and her citizens; and WHEREAS, It is fitting and proper to give thanks to God by observing a day of prayer in HiUsborough when aU may acknowledge our blessings and express gratitude for them, while recognizing the need for strengthening religious and moral values in our State and nation; NOW, THEREFORE, I, Horace H. Johnson, Mayor of the Town of Hills borough, do hereby proclaim the firs,! Thursday in May, 1999, to be designated as -''it DAY OF PRAYER IN HILLSBOROUGH" . and encourage the citizens of Hills borough to observe the day in ways appropriate to its . . ~~~~"~\.~~)~\\.. . . lIDpoi:tance alltkslgruficance. ~~ O"~~~S'~:""'<":\'-' ..S:i ','.'" oS h.; Cu ~~ -w~_, 'I -E.3-iProclaimed this theJ2th day of April, 1999. 7: ~:;:- !~~~ ~-',Itl i ~~~ ~:J~' _~".. ~ ~ ~= "'~~~=L~%~ ~ <9'.'* ~~= w. -- t~t.., ~ fi!t '~ SEAL H 'l ~\1i; .;:- ~~, '~ :'" '-~,"'~ _. . ~ ".r~' ~~. , ~ ~"',o;)~"'.~+""-. ~<I!~A- Horace H. Johnson, Sr., Mayor Town of Hi Us borough _.-+~:.:,,,".-;t - r- r- CD rn (II ::z: (II G') i :i! ::J 0 N " -< (I) iiJ ~ S ~ I I iil iil m m III III 3 3 ~ ~ 5' m o III ::J 9- CD s:: :$ 0 N -< iiJ 17 S. iD l: :T Dl ::J '" -< iiJ I I iil iil ~ ~ 3 3 ~ ~ 5' m o III ::J 9- CD s:: :$ 0 .... '" -< I I Cil iil iil 17 m m S. 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'7' ~ 0 C; I I -< iil iil iiJ ~1~li i I i. j II~ ICity of Graham ~I"" o 0 I I iil iil tl~ I I iil iil ~ICXl I I iil iil .... WIIN Ol. .... o '" + I '" -< iil I iiJ iil .... .... '" Ol. o '" I '" Cil I Cil , ~ IClty of Burlington g ~ICXl I I iiliil III~~III;~!I~I;I~ III! J.N3RlCVJ.T.V roY ~GO ATTACHMENT 10. F O? 5' . AN ORDINANCE AMENDING CHAPTER 12 OF THE, TOWN CODE OF THE TOWN OF HILLSBOROUGH THE BOARD OF COMMISSIONERS OF THE TOWN OF HILLSBOROUGH ORDAINS: Section I. Section 12-14 on Open Burning of the Hillsborough Town Code is hereby amended to add the following wording: 1. 2. 3. 4. 5. 6. 7. 8. 9. . 10. 11. 12. 13. 14. 15. 16. The burning of waste materials, trees, brush and other vegetable matter in connection with construction projects and the clearing of land or rights-of-way and with the following limitations: The areas to be cleared must be no less than 20 acres in size; The only types of bums allowed are those referred to as "pit bums"; The pits dug for the bums shall be a minimize size of seven feet deep, nine feet wide, and 35 feet in length; The location of the pit must be approved by the fire inspector before a permit is approved and burning is allowed to conunence; Fans shall be properly used in the "pit burn" method to assure that a high enough heat level is attained to minimi7.e the amount of smoke and ash produced from the procedure; Prevailing winds at the time of burning shall not exceed ten mile per hour; The location of the burning must be at least one thousand (1,000) feet from any dwelling location, business, or occupied structure; The amount of dirt on the material being burned must be minimized; Heavy oils, asphaltic materials, construction materials, items containing natural or synthetic rubber or any materials other than plant growth may not be burned; Initial burning may be conunenced only between the hours of7:00 a.m to 7:00 p.m., and no combustible material may be added to the fire between 7:00 p.rn. and 7:00 a.m. of the following day the next day; Burning shall only be allowed Monday through Friday; At no time shall the permittee fail to have the fire tended and guarded; Permits will be issued by the Town's Fire Inspector; Permittee must check with the North Carolina Forestry Service to ensure there are no burning bans or additional burning restrictions in effect before a permit is issued; Permittee must inform the fire department each day that burning will be occurring; The fire inspector, code enforcement officer, a Hillsborough police officer, town manager, or acting town manager can revoke the permit if a safety hazard or nuisance is created by the "pit burning." (i) Section 2. Section 3. All Provisions of any Town Ordinance in conflict with this Ordinance are repealed. This ordinance shall become effective upon adoption. The foregoing ordinance having been submitted to a vote, received the following vote and was duly adopted this P ~ day of ~ . Ayes: ~ Noes: --tr - Absent or Excused -&- . ~~