HomeMy WebLinkAbout100818_ra02 Regular Agenda 10:15 am
JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
TO: Board of Commissioners
Philip Morley, County Administrator
FROM: Stacie Prada, Treasurer
DATE: October 8, 2018
SUBJECT: PUBLIC HEARING and Possible Decision for Determination to
Declare Certain County Property as Surplus: Penny Creek Pit,
Quilcene, WA.
ATTACH: Draft Resolution: Determination to Declare Certain County
Property as Surplus: Penny Creek Pit
Jefferson County Surplus Sale Calendar for Penny Creek Pit
STATEMENT OF ISSUE: Central Services and Public Works have identified Penny Creek Pit,
APN 702232002, as property no longer needed for county operations and available for surplus
and sale. Chapter 36.34 RCW outlines the statutory requirements to surplus and sell county
property. To gift the property to a governmental agency or housing authority, the county
must declare the property surplus pursuant to Chapter 36.34 RCW. With a determination to
sell after a public hearing, the Board may also set a minimum purchase price per RCW
36.34.050.
ANALYSIS: The property may be sold as real property through the county surplus process.
The process includes holding a public hearing on the merits of selling the property. The Board
may approve a resolution to sell the property after a public hearing, and they may establish a
minimum sale price per RCW 36.34.050. The sale must be held by public auction or sealed
bid and awarded to the highest and best bidder that can meet the terms of sale.
Per RCW 36.34.135, county property may be leased for a term not to exceed 75 years to any
public housing authority or nonprofit organization that has demonstrated its ability to construct
or operate housing for very low-income, low-income, or moderate-income households as
defined in RCW 43.63A.510 and special needs populations.
Intergovernmental sales are allowed by means of private negotiation per RCW 36.34.130.
Governmental agencies that would qualify include the City of Port Townsend, school and fire
districts among others. Further, RCW 35.83.030 (or any other part of the Housing
Cooperation Law in Chapter 35.83 RCW) allows the county to negotiate with the Peninsula
Housing Authority similar to how we can negotiate with a governmental entity. At this time, no
other local housing providers would qualify as governmental agencies in Jefferson County.
If selling the property to a non-governmental agency or qualifying housing authority, it is
suggested that a nominal minimum bid be set and the sale conducted through sealed bid. We
anticipate allowing two months for bidders to research and submit a bid to the county, an
opportunity to attend an open house to view the inside of the home, and six months to
remove the House after bid award and payment. Payment will be required in cash, cashier's
check or money order the day of the bid opening and bid award.
FISCAL IMPACT: Proceeds from the sale (after publication and sale expenses) will be
returned to the funds that purchased the property.
RECOMMENDATION: Hold the public hearing, consider public comment, and approve the
Resolution for Determination to Declare Certain County Property as Surplus for Penny Creek
Pit in Quilcene. Include a minimum bid price, desire to negotiate with governmental agencies
or qualifying Housing Authorities as deemed appropriate, and preference for sealed bid or live
auction.
REVIEWED BY:
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County A lTristrator Date
Regular Agenda 10:15 am
STATE OF WASHINGTON
County of Jefferson
IN THE MATTER OF A }
DETERMINATION TO DECLARE }
CERTAIN COUNTY PROPERTY AS }
SURPLUS: PENNY CREEK PIT } RESOLUTION NO.
WHEREAS, it is the desire of the County Commissioners of Jefferson County to
dispose of surplus property; and
WHEREAS, The Central Services Department has indicated a need to dispose of
dispose of surplus County property, commonly described as Penny Creek Pit in Quilcene,
WA, APN 702232002, and partially described as follows:
The Southwest quarter of the Northwest quarter of Section 23, Township 2T
North, Range 2 West, W.M. EXCEPT 30' wide strip along the East side of a
portion thereof conveyed to Jefferson County by deed dated February 3,
1930 and recorded in volume 98 of Deeds on page 171, and EXCEPT
portion conveyed to the State of Washington for State Highway by deed
dated April 24 , 1935 and recorded under Auditor's File No. 74051, and
EXCEPT 60'wide strip of land conveyed to Jefferson County for county
road(old state highway) by instrument recorded May 10, 1909 in Volume 1
of Road Waivers on page 4a records of Jefferson County. EXCEPTING
there from that portion of premise lying southeasterly margin of State Road
No. 9
WHEREAS, RCW 36.34.020 requires that an intention to declare surplus be
published with a Notice of Public Hearing regarding the disposal of any County property
has been met and the public hearing held on October 8, 2018.
NOW, THEREFORE,BE IT RESOLVED, by the Commissioners of Jefferson
County that they make a finding and determination as required by RCW 36.34.050 to
declare the Penny Creek Pit located on Parcel Number 702232002, in Quilcene,
Washington as surplus and allow the Treasurer to proceed with the disposition of said
surplus item.
BE IT FURTHER RESOLVED, by the Commissioners of Jefferson County that
the Treasurer may negotiate the sale with a governmental agency or Housing Authority
with terms to be brought forward to the County Commissioners for future consideration.
BE IT FURTHER RESOLVED, by the Commissioners of Jefferson County that
absent an interest by a governmental agency or qualifying Housing Authority to purchase
the property for an acceptable negotiated price, that the Treasurer may proceed with
disposition of said surplus items through public auction or sealed bid process with a
minimum bid of$
APPROVED this 8th day of October 2018.
JEFFERSON COUNTY
BOARD OF COMMISSIONERS
David Sullivan, Chair
SEAL:
Kate Dean,Member
ATTEST:
Carolyn Gallaway, Kathleen Kler, Member
Deputy Clerk of the Board
Jefferson County Surplus Sale Calendar
Penny Creek Pit
1. Department initiates surplus property sale discussion with Treasurer,
ongoing discussion with BOCC, outreach to community. Finalize plan.
(May - August 2018)
2. Agenda Request with Resolution Notice of Intention to Sell and Notice
of PH submitted by Treasurer to BOCC for consideration (August 28,
2018)
3. Commissioners at regular meeting consider whether to surplus property (RCW 36.34.010) (September 4,
2018)
4. Commissioners sign Notice of Intention to Sell Resolution and set Hearing date to declare Surplus Property
(RCW 36.34.020) (September 4, 2018)
5. Send both notices via Port Townsend Leader Legals (RCW 36.34.020) Publish September 26 and Oct 3.
(September 21, 2018)
6. Post notices in Courthouse and Treasurer’s Office (RCW 36.34.030)
(September 21, 2018)
7. Agenda Request with Notice of PH and Resolution to Sell submitted by Treasurer to BOCC for consideration
(Oct 2, 2018)
8. Hearing Date (at least 10 days after first publication) (RCW 36.34.040) (Oct 8, 2018 – 10:15 a.m.)
9. Oct 8, 2018 Resolution to Sell approved/edited by BOCC or decision made not to sell.
10. Within three days after the hearing a determination is made and it becomes a matter of record. (Nothing can be
changed or added once the Commissioners declare items surplus.) (RCW 36.34.050)
11. Treasurer prepared bid documents in consultation with the Prosecuting Attorney. Posts to web and provides
legal notice to the Auditor. (Date TBD)
12. Auditor sends notices to the Leader (Dates TBD)
13. Notice of Sale – Auditor must publish notice once a week for 2 successive weeks. Notice and date of first
publication at least 10 days prior to sale date with bid instructions, property for sale, and time and date of sale.
(RCW 36.34.090) (Dates TBD)
14. Check to be sure have all paperwork including deed ready for sale. (__TBD, November 2018__)
15. BIDS DUE 9:30 AM, MONDAY, __TBD, November 2018______, Bid Opening at 10:00 AM with BOCC, Sale
per terms
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v. 9/28/2018