HomeMy Public PortalAbout04-12-1999 Regular Session
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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.
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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.
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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
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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
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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
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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
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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.
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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
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c. 'L-~';;:'~ ~ ~'V ,./"f
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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
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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.
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-E.3-iProclaimed this theJ2th day of April, 1999.
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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 -&-
.
~~