Town of Hertford Monday, January 24, 2022 6:00 p.m.  Recessed Meeting (County Courthousel Zoom)  The Council of the Town of Hertford held a Recessed Meeting at the Perquimans County  Courthouse (also by Zoom) on Monday, January 24, 2022 at 6:00pm.  COUNCIL MEMBERS PRESENT Ashley Hodges, Mayor Pro Tem Connie Brothers COUNCIL MEMBERS ABSENT Earnell Brown, Mayor STAFF PRESENT Ben Gallop, Attorney A quorum was present pledge of allegiance.  Jerry Mimlitsch Sandra Anderson  Janice McKenzie Cole, Interim Town Manager  Mayor Pro Tem Ashley Hodges called the meeting to order and then recognized the Rev. Todd French, St. Paul AME Zion Church, Hertford to give the invocation. This was followed by the Mayor Pro Tem Hodges explained that the January 10, 2022 meeting was recessed on our attorney's advice rather than adjourned to facilitate a second meeting in January since a new work session schedule for 2022 had not yet been adopted by the Council. Since the items on the January 10, 2022 agenda had been exhausted, the agenda was being amended to add additional business for tonight's meeting. At the request of the Town Manager, Item 7a was removed from the agenda. A motion was made by Counciwoman Brothers to approve the amended agenda minus Item 7a, seconded by Councilman Mimlitsch and passed 4-0 by the  APPROVAL OF AMENDED AGENDA  following voice vote: Councilman Mimlitsch Counciwoman Anderson aye Counciwoman Brothers Mayor Pro Tem Hodges CONSENT AGENDA  aye aye aye  Oni the motion of Councilman Jerry Mimlitsch and the second of Counciwoman Brothers, the  consent agenda was approved unanimously by the following voice vote:  Councilman Mimlitsch Counciwoman Anderson aye Counciwoman Brothers Mayor Pro Tem Hodges  aye aye aye  1    The consent agenda consisted of the appointment of Town Manager Janice McKenzie Cole as the Deputy Clerk and adoption of the work sessions schedule which is attached.  HERTFORD FIRE DEPARTMENT  Hertford Fire Chief Drew' Woodard requested permission from Council to proceed with applying for a 50/50 grant that the fire department applies for annually. The Town's share would be $30,000 and would not be due until the 2022-2023 budget. The money would be used to replace their airbags. The ones they are currently using are 21 or 22 years old and they can no longer get parts for them. The costs is about $8,000 each. The fire department expects to have money left over from this years budget that can be applied. Chief Woodard invited the new Counciwomen tot tour the fire station. Councilman Mimlitsch made the motion to authorize the Hertford Fire Department to proceed with applying for the grant. Councilwoman Sandra Anderson seconded the motion. It was unanimously passed with the following voice vote:  Councilman Mimlitsch Councilwoman Anderson aye Councilwoman Brothers Mayor Pro Tem Hodges SALE OF BRINN HOUSE  aye aye aye  Manager Cole explained that the Board was being asked to reject the former bid on the Brinn House because there was an error made by the Town in the procedure. The Board was also being asked to start the process over using the Negotiated Bid and Upset Bid option. Ar motion was made by Jerry Mimlitsch to approve Resolution 1.24.2022-01 Disapproving and Rejecting any and All Bids for Property and' Withdrawing Property for Sale. The motion was seconded by Counciwoman Brothers and approved by the following 4 to 0 vote:  Councilman Mimlitsch Councilwoman Anderson aye Councilwoman Brothers Mayor Pro Tem Hodges  aye aye aye  Ar motion was made by Jerry Mimlitsch to approve Resolution 12420222Authonzang Negotiated Offer and Upset Bid. The motion was seconded by Counciwoman Anderson and  approved by the following 4 to 0 vote: Councilman Mimlitsch Councilwoman Anderson aye Councilwoman Brothers Mayor Pro Tem Hodges Acopy of each resolution is attached. NCEMPA BOARD  aye aye aye  Pamela Hurdle's retirement created a vacancy for the Town on the ElectricCities (NCEMPA) Board of Commissioners. Currently Mayor Brown is the First Alternate and the Second Alternate position is vacant. Amotion was made by Councilwoman Brothers and seconded by Councilman Mimlitsch for Mayor Brown to serve as the Commissioner, Manager Cole as the First Alternate and Mayor Pro Tem Hodges as the Second Alternate. The motion was approved  4-0 by a voice vote as follows:  2    Councilman Mimlitsch Councilwoman Anderson aye Councilwoman Brothers Mayor Pro Tem Hodges Finance Officer  aye aye aye  The Council is required to have a Finance Officer who must be an employee or Council member. Before her resignation Niaisha Stokely held this position. Counciwoman Anderson made the motion to remove Niaisha Stokely as the Finance Officer and as a signatory on all accounts and to appoint Mayor Pro Tem Hodges the Town of Hertford Finance Officer and that he serve without compensation. Councilwoman Brothers seconded the motion. And it was  approved by a 4-0 voice vote as follows: Councilman Mimlitsch Counciwoman Anderson aye Counciwoman Brothers Mayor Pro Tem Hodges  aye aye aye  Manager Cole reported that the EMS Annual Officials Conference will be Monday, March7, 2022 at 7pm during the County Commissioners meeting. Also she explained the new unified procedure instituted by EMS for notficationlapproval of events. Those wishing to give events will complete a form found on the County EMS webpage under Emergency Management. For The Town of Hertford, that request would be sent to us to approve/disapprove, but also sent to the sheriff, EMS, fire department or any other agency that needs to be notified. Mayor Pro Tem  requested that a link to the form be placed on the Town's website.  COUNCIL'S REPORTS & OBSERVATIONS  Counciwoman Sandra Anderson She serves on the Historic Hertford Inc. Board. The Carolina Moon, 110' W Academy will be holding auditions February 5th and 6th for "Till Beth Do Us Part." On Saturday, March 26th there will be a performance of "Little Dickie & the Misfits." April 23rd they are planning Dine, Drink & Dance int the Marina Parking Lot. They are also seeking nominees for the Volunteer oft the Year Award. The person does not have to be a resident of the Town and there is no age limit. The deadline to apply is March 1st. Applications are at the HHI Building, Carolina Trophy, the library at 514 So Church Street, at the municipal building and online at whstorchertodncer, Individuals can also go to that site to become members. Councilman Jerry Mimlitsch - He thanked Public' Works for the cleanup after the snowstorm. He announced that the Museum's opening at 104 Dobbs Street will be February 19th from 10am to 2pm, with the ribbon cutting being at 11am. He complimented Stacy Layden on the good job Counciwoman Connie Brothers said she serves on the Economic Resurgence Committee and announced the schedule for the Friday Night Strolls is 6/12, 7/10, and 8/14. Susan Coxi is spearneading a meeting of all the business owners. Also, she announced that on Saturday, 1/29 there would be the dedication of the Police Department building for Robert Harvey at 10am  that she is doing.  and the Community Center for former Mayor Horace Reid at 10:45am.  3    Mayor Pro Tem Hodges reported on a meeting about the S-Bridge Truss attended by him, County Commissioner Chair Nelson, County Manager Frank Heath, Town Manager Cole and DOT staff. The legislature has allocated $800K earmarked for this project. Att the February DOT Board meeting they are expected to vote to approve this allocation by the legislature. The molizatoncemobltaton. install support bents, perform move and lead abatementrepaint (full encapsulation of the paint). The Truss will be launched from Missing Mill Park. Pilings will be built and the work will be done from barges and DOT will cover the rent for those barges. McClain Company is already on site working on the S-Bridge sO they will be used fori the Truss as well. There is a piling moratorium in existence from February to June. Once the Truss is completed ownership will be turned over to the Town and the Town will be responsible for the upkeep. That upkeep would probably be painting every 251 to 30 years. For about $5,000DOT will send an engineer to inspect it periodically. The path to walk out tot the Truss is not included Mayor Pro Tem Hodges also reported on the H-CAT Committee meeting. The Coastal Resiliency Open House was January 18th. Representatives from the Resilient Coastal Communities Program were present and it was set up like a science fair. There was a lot of discussion and talk regarding grants to bury the overhead power lines. Ocracoke did it and the consultants said they would find out and let us know what programs they used to accomplish this. The focus of this strategy is flooding, but wind damage is ani issue for us also.  money should be available by middle to late February. That money is for  in the $800.  Mayor Pro Tem Hodges read the announcements  AI motion was made by Councilman Mimlitsch and seconded by Counciwoman Brothers to  adjourn the meeting. The vote was 4-0 with the following voice vote:  Councilman Mimlitsch Counciwoman Anderson Counciwoman Brothers Mayor Pro Tem Hodges Meeting adjourned at 6:43pm.  aye aye aye aye  4    2022 SCHEDULE FOR WORK SESSIONS  February 28, 2022 March 28, 2022 April 25, 2022 May 23, 2022 June 27, 2022 July 25, 2022 August 22, 2022 September 26, 2022 October 24, 2022 November 28, 2022    RESOLUTION DISAPPROVING AND REJECTING ANY AND ALL BIDS FOR PROPERTY AND WITHDRAWING PROPERTY FROM SALE  Resolution 1.24.2022-01  WHEREAS, the Town of Hertford owns a 2.62-acre tract of land and house at 1000 West Grubb Street, Hertford, NC known as the Brinn House, MAP No. 3-0039-  00056 (the Property"); and  WHEREAS, North Carolina General Statute S 160A-269 permits the Town to sell  real property by upset bid, after receipt of an offer for the property; and  WHEREAS, the Town Council authorized the potential sale of the Property via the upset bid process by a Resolution Authorizing Upset Bid Process Resolution  11.08.2021-1 dated November 8, 2021 (the Resolution"); and  WHEREAS, North Carolina law and the Resolution require that the Town Council vote to affirmatively to approve the final high offer before the sale is closed and that the Town reserves the right to withdraw the Property from sale at any time before the final  bid is accepted and the right to reject at any time all bids; and  WHEREAS, the Town received upset bids for the Property, including a high bid  of$ $34,700; and  WHEREAS, the Town Council believes there was a procedural error in the upset bidding process which requires the Town not to approve the sale, to withdraw the  Property from sale and to reject any and all the bids received;  THEREFORE, the Town Council of the Town of Hertford resolves that: Any and all bids received for the 2.62 acre tract of land and house located at 1000 West Grubb Street, Hertford, NC are hereby disapproved and rejected, and the    tract is withdrawn from sale until such time as the Town Council may decide to approve  its sale in the future.  Adopted January 24,2022 20  Ashley Hodges, Mayor Pro Tem 2FA6  McKenzie  Deputy Clerk    RESOLUTION. AUTHORIZING NEGOTIATED OFFER. AND UPSET BID Resolution 1.24.2022-02  WHEREAS, the Town of Hertford owns a 2.62-acre tract ofl land and house at 1000 West Grubb WHEREAS, North Carolina General Statute $160A-269 permits the Town to sell property by WHEREAS, the Town has received an offer to purchase the property described above, in the WHEREAS, One Chase Construction Company has paid the required five percent (5%) deposit THEREFORE, THE TOWN COUNCIL OF THE TOWN OF HERTFORD RESOLVES THAT: 1.The Town Council authorizes sale of the property described above through the 2. The Town Clerk shall cause a notice of the proposed sale to be published. The notice shall describe the property and the amount of the offer, and shall state the terms under  Street, Hertford, NC, known as the Brinn House, MAP No. 3-0039-00056,  upset bid, after receipt of an offer fori the property; and  amount of $34,700, submitted by One Chase Construction Company; and  on his offer;  bid procedure of North Carolina General Statute $160A-269.  upset  which the offer may be upset.  3. Persons wishing to upset the offer that has been received shall submit a sealed bid with their offer to the office of the Town Clerk within 10 days after notice of sale is published. At the conclusion of the 10-day period, the Town Clerk shall open the bids, if any, and the highest such bid will become the new offer. Ift there is more than one bid in the highest amount, the first 4. Ifaqualifying higher bid is received, the Town Clerk shall cause a new notice of upset bid to be published, and shall continue to do sO until a 10-day period has passed without any qualifying upset bid having been received. At that time, the amount of the final  bid received will become the new offer.  bid high  shall be reported to the Town Council.  5. Aqualifying higher bid is one that raises the existing offer by not less than ten percent (10%) oft the first $1,000 of that offer and five percent (5%) of the remainder of that offer. 6. Aqualifying higher bid must also be accompanied by a deposit amount of five percent (5%) of the bidi; the deposit may be made in cash, cashier's check, or certified check. The Town will return the deposit on any bid not accepted, and will return the deposit on an offer subject to upset if a qualifying higher bid is received. The Town will return the deposit of the  final high bidder at closing.  7. The terms of the final sale are as follows:  a.  The Town Council may set a date for closing of the sale of the Property at the time of the approval of the final highest bid, and if not, the closing of the sale is set for thirty (30) days from the date of approval or the date of    the end oft the initial upset bid period if no bids are received. Time is oft the The Property is sold inj its current condition, as is, as oft the date of closing and the Town gives no warranty with respect to usability of or title to the The Buyer must pay with cash, certified funds or via wire transfer at or The Buyer must bring the Property into compliance with the Town's Code of Ordinances, the Town's Zoning Ordinance and any applicable North Carolina building codes within two years of closing or date deed is delivered to the Buyer whichever is earlier. Said requirement shall survive the closing and be made a restriction upon the deed transferring the property. This is an affirmative covenant and time is of the essence.  essence for the closing of the sale oft the Property; and  b.  Property; and  C. d.  before the time of closing; and  8. The Town Council must approve the final high offer before the sale is closed which it will do within a reasonable time after the final upset bid period has passed. The Town reserves the right to withdraw the property from sale at any time before the final high bid is accepted and 9. Ifno qualifying upset bid is received after the initial public notice, the offer set forth above is hereby accepted. The appropriate Town officials are authorized to execute the instruments necessary to convey the property to One Chase Construction Company.  the right to reject at any time all bids.  Adopted.anuary: 24, 2022  Ashley Hodges, Mayor Pro Tem a 7  Ge Clerk