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HomeMy WebLinkAboutM081919 - Including Hearing Comment re: Adopting Procedures for Disposition of Property for Public Benefit Purposesw 0`t 0, MINUTES Jefferson County Board of Commissioners Regular Meeting — Monday, August 19, 2019, 9:00 a.m. Jefferson County Courthouse — Commissioners' Chambers 1820 Jefferson Street, Port Townsend, WA CALL TO ORDER: Acting Chair Greg Brotherton called the meeting to order at the appointed time in the presence of Commissioner David Sullivan. Chair Kate Dean was absent. PUBLIC COMMENT PERIOD: The following is a summary of comments made by individuals in attendance at the meeting and reflect their personal opinions. • Community Development Director Patty Charnas announced the temporary closure of the Community Development Department for a department Leadership and Team Development retreat on Wednesday and Thursday, August 28 and 29, 2019 from 1:30 p.m. — 4:30 p.m. • Comment regarding pesticide spraying. • Comment regarding the need for the County to enforce the Noise Ordinance with regard to the sound of jake-brakes near Discovery Bay. • Comment regarding pesticide spraying. • Comment regarding a press release about pesticide spraying. • Comments regarding a typographical error in Consent Agenda item No. 1, Code Enforcement Coordinator title, the Commissioners' responsibility to enforce the rules of Pope's pesticide spraying. • Comments regarding support of comments about noise of jake-brakes, concern about the use of herbicides in the County, and comment regarding Jamestown S'Klallam Tribe plan to establish a Medication Assisted Treatment facility. • Comment regarding shooting near his property. • Comment regarding the need for the County to adopt an Ordinance to reduce the use of fossil fuels. • Comment regarding the need for the County to address issues regarding shooting, pesticides and the housing crisis. • Comment regarding the need for the County to address the use of firearms and the noise of a shooting range. • Comment regarding pesticide spraying. • Comment regarding pesticide spraying. • Comment regarding pesticide spraying. • Comment regarding pesticide spraying. • Comment regarding pesticide spraying. • Comment regarding corporation rights trumping human rights and the need for the Commissioners to take action. • Comment regarding the Commissioners' responsibility for the health and environmental concerns of the County. Commissioners Meeting Minutes of August 19, 2019 Comment regarding the status of the Affordable Housing Task Force Five Year Plan. Comment regarding a connection between glyphosate and cancer. Comment regarding pesticide spraying. The Commissioners and County Administrator Philip Morley addressed comments and concerns raised during the Public Comment Period. HEARING re: Conservation Futures 2019 Funding Projects; 1) Quimper Wildlife Corridor (QWC) Addition; 2) Dosewallips River Lazy C Phase I; 3) Quilcene Headwaters to Bay; and 4) Tarboo Forest Addition: Natural Resources Program Coordinator Tami Pokorny reviewed the four projects recommended to receive Conservation Futures funding for 2019. Acting Chair Brotherton opened the hearing for public testimony. The following individuals provided public testimony: Sarah Spaeth and Ray Hunter. Hearing no further comments, Acting Chair Brotherton closed the public testimony portion of the hearing. After discussion, Commissioner Sullivan moved to approve the Conservation Futures 2019 project funding recommended as follows: • RESOLUTION NO. 43-19 re: Dosewallips River Lazy C Phase I • RESOLUTION NO. 44-19 re: Quilcene Headwaters to Bay • RESOLUTION NO. 45-19 re: Tarboo Forest Addition Acting Chair Brotherton seconded the motion. The motion carried. APPROVAL AND ADOPTION OF THE CONSENT AGENDA: Commissioner Sullivan moved to delete Consent Agenda Item No. 1 regarding an environmental site assessment, and approve the remaining items on the Consent Agenda as presented. Commissioner Brotherton seconded the motion. The motion carried. 1. DELETED: AGREEMENT re: Phase I Environmental Site Assessment and Cultural Resources Study of County Property, Parcel No. 001034010, Located Near the Intersection of 271 Street and Discovery Road, Adjacent to Laurel Grove Cemetery; In the Amount of $25,000; Jefferson County Central Services; Maul Foster Alongi Approved later in meeting. 2. AGREEMENT NO. 4507 CDIP re: Breast, Cervical and Colon Health Program Services (BCCHP); In the Amount of $1,400; Jefferson County Public Health; Public Health of Seattle and King County 3. AGREEMENT, Interlocal, Amendment No. 1 re: Quilcene School -Based Health Clinic; An Additional Amount of $20,00 for a Total of $43,369: Jefferson County Public Health; Jefferson County Public Hospital District No. 2 (Jefferson Healthcare) 4. Authorization for County Administrator to Sign AGREEMENT re: Deferred Compensation Plan, Guaranteed Minimum Interest Rate Change Option; No Dollar Amount; Jefferson County Auditor; Nationwide Retirement Solutions 5. ADVISORY BOARD REAPPOINTMENT re: Jefferson County Planning Commission; Four Year Term Expires March 17, 2023; District 1 Representative, Kevin Coker 6. Payment of Jefferson County Vouchers/Warrants Dated August 12, 2019 Totaling $944,026.37 2 Commissioners Meeting Minutes of August 19, 2019 DISCUSSION AND APPROVAL OF AGREEMENT re: Phase I Environmental Site Assessment and Cultural Resources Study of County Property, Parcel No. 001034010, Located Near the Intersection of 27t' Street and Discovery Road, Adjacent to Laurel Grove Cemetery; In the Amount of $25,000; Jefferson County Central Services; Maul Foster Alongi: Central Services Director Mark McCauley explained there is a typographical error in a letter from the Department of Commerce describing the location of the property as East when it should be West. The error does not impact the work being done on the property in any way. Additionally, there is typographical error in the parcel number which is listed as 001034010, when it should be listed as 001034008. He requested the Board approve the agreement subject to the correction being made. Commissioner Sullivan moved to approve the agreement with the correction to the parcel number. Acting Chair Brotherton seconded the motion. The motion carried. HEARING re: Proposed Ordinance Amending the Jefferson County Code by Adding a New Chapter (Chapter 3.57) Enacting Rules Regulating the Disposition of Property for Public Benefit Purposes: Central Services Director Mark McCauley and Treasurer Stacie Prada reviewed a proposed ordinance amending the Jefferson County Code by adding a new Chapter (Chapter 3.57) enacting rules regulating the disposition of property for public benefit purposes. Acting Chair Brotherton opened the hearing for public testimony. The following individuals provided public testimony: Mari Phillips, Lizanne Coker, Bruce Cowan, Dale Wilson and Sam Shusterman. Hearing no further comments, Acting Chair Brotherton closed the public testimony portion of the hearing. After discussion, Commissioner Sullivan moved to approve ORDINANCE NO. 09-0819-19 re: Amending the Jefferson County Code by Adding a New Chapter (Chapter 3.57) Enacting Rules Regulating the Disposition of Property for Public Benefit Purposes. Acting Chair Brotherton seconded the motion. The motion carried. DISCUSSION re: Affordable Housing Fund 148 to the Castle Hill Project: Commissioner Sullivan moved to direct staff to work with OlyCAP to commit $75,000 from the Affordable Housing Fund 148 to the Castle Hill Project. Acting Chair Brotherton seconded the motion. After further discussion, Commissioner Sullivan amended his motion to add that staff insure compliance with the Interlocal Agreement. Acting Chair Brotherton seconded the amended motion. After further discuss of process, Commissioner Sullivan withdrew his motion. CLOSED PORTION OF MEETING: A Closed portion of the meeting was scheduled from 10:45 a.m. to 10:55 a.m. Acting Chair Brotherton announced that the Closed portion of the meeting will take place from 11:07 a.m. to 11:17 a.m. with the County Administrator, Central Services Director, and Clerk of the Board/Human Resources Manager to Plan or Adopt the Strategy or Position to be taken by the governing body during the course of Collective Bargaining, Professional Negotiations, or Grievance or Mediation Proceedings, or Reviewing the Proposals Made in Negotiations or Proceedings, or reviewing the proposals made in negotiations or proceedings while in progress, not Subject to the Open Public Meetings Act, as Outlined in RCW 42.30.140(4)(b). The Closed portion of the meeting ended and the meeting was resumed at 11:17 a.m. Commissioners Meeting Minutes of August 19, 2019 EXECUTIVE SESSION: An Executive Session was scheduled for 10:55 a.m. to 11:15 a.m. Acting Chair Brotherton announced that the Executive Session will be held from 11:20 a.m. to 11:40 a.m. with the Prosecuting Attorney, Civil Deputy Prosecuting Attorney and County Administrator re: Actual Litigation; Exemption as Outlined in the Open Public Meetings Act, RCW 42.30.110(l)(i). The Board concluded the Executive Session and resumed the regular meeting at 11:40 a.m. DISCUSSION re: Castle Hill Parking: Central Services Mark McCauley discussed the OlyCAP project at Castle Hill and parking. After discussion, Commissioner Sullivan moved to authorize the County Administrator to send a letter to OlyCAP giving written approval under the 1983 shared parking agreement for the ultimate placement of OlyCAP's structure. Acting Chair Brotherton seconded the motion. The motion carried. The meeting was recessed at 11:50 a.m. and reconvened at 1:30 p.m. with Acting Chair Brotherton and Commissioner Sullivan present. BRIEFING re: Code Compliance Program ("The First 100 Days"): Community Development Department Director Patty Charnas, Building and Administrative Services Manager Jodi Adams, and Code Compliance Coordinator Debra Murdock briefed the Board on the Code Compliance Program. COUNTY ADMINISTRATOR BRIEFING SESSION: County Administrator Philip Morley reviewed the following with the Board. Calendar Coordination COMMISSIONERS' BRIEFING SESSION: The Commissioners gave reports on recent meetings they attended. Miscellaneous Items • Letter re: Medication Assisted Treatment Outreach meetings • JeffCom • OlyCAP, Parking, $75,000 Quilcene Food Bank • Affordable Housing & Homeless Housing Joint Oversight Board (JOB) and Task Force — Budget, Reserve, Shelter; and HB 1406 and Interlocal Agreement (ILA) Amendment • YMCA • Veterans Service Officer coordination with Clallam County • No shooting zone — Goonadrive • Aerial spraying — public access • Department of Natural Resources (DNR) Quarterly meeting: spraying, Quimper Lost Wilderness Future Agenda Items • Workplan status • Title III Commissioners Meeting Minutes of August 19, 2019 NOTICE OF ADJOURNMENT: Commissioner Sullivan moved to adjourn the meeting at 3:23 p.m. until the next regular meeting or special meeting as properly noticed. Acting Chair Brotherton,$¢ao*d the motion. The motion carried. +' 3� tr JEFFERSON COUNTY BOARD OF COMMISSIONERS �. (Excused Absence) ' 1 Kate Dean air r� r 1 ATTEST: Erin Lundgren, CMC Clerk of the Board 5 Publish in Legal Newspaper twice: August 7 and August 14 Bill: Jefferson County Board of County Commissioners P.O. Box 1220 Port Townsend, WA 98368 NOTICE OF PUBLIC HEARING JEFFERSON COUNTY SEEKS PUBLIC COMMENT REGARDING A PROPOSED ORDINANCE ENACTING RULES REGULATING THE DISPOSITION OF PROPERTY FOR PUBLIC BENEFIT PURPOSES A public hearing will be held on Monday, August 19, 2019 at 10:30 am by the Jefferson County Board of Commissioners at the Jefferson County Courthouse, 1820 Jefferson Street, Port Townsend, WA 98368 for the purpose of taking public testimony regarding a proposed ordinance enacting rules regulating the disposal of property for public benefit purposes. RC W 39.33.015 requires rules be enacted prior to disposing of property for public benefit purposes. Public comment may be submitted in writing to the Jefferson County Commissioners at jeffboccAco.jefferson.wa.us or at P.O. Box 1220, Port Townsend, WA 98368 before or during the public hearing. For additional information contact Mark McCauley, Jefferson County Central Services Director, 1820 Jefferson Street, Port Townsend, WA 98368, 360- 385-9130, or email mmccauleyna,co.jefferson.wa.us. Kate Dean, Chair Date JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS REGULAR AGENDA REQUEST TO: Board of County Commissioners Philip Morley, County Administrate FROM: Mark McCauley, Central Service Director DATE: August 5, 2019 SUBJECT: Notice of a Public Hearing to Consider an Ordinance Adopting Procedures for the Disposition of Property for Public Benefit Purposes STATEMENT OF ISSUE: Jefferson County has an acute shortage of affordable housing. To help increase the inventory of affordable housing Olympic Community Action Programs (OlyCAP) is proposing a project to build a 44 unit affordable housing facility in Port Townsend. The proposed project also would house a child care/early learning program which would be available to residents of the affordable housing facility and to other Jefferson County residents. OlyCAP has identified a county parcel (948323702) for the proposed project that is located on Castle Hill adjacent to the County's Community Development Department just southeast of the intersection of 7th Street and Hendricks Street. Jefferson County issued a Letter of Intent on May 6, 2019 committing to make the parcel available for the project, so OlyCAP can pursue funding for the project. Before the property can be made available to OlyCAP the county must enact rules to regulate the disposition of property for public benefit purposes, per RCW 39.33.015(3). ANALYSIS: A Public Hearing Notice needs to be issued in order for the Board of County Commissioners to take public comment on the proposed rules prior to deliberations. The attached Public Hearing Notice announces a public hearing on August 19, 2019. FISCAL IMPACT: The Hearing Notice, in and of itself, has no fiscal impact. Subsequent events may have a fiscal impact, which at this time are impossible to determine. RECOMMENDATION: That the Board of County Commissioners approve the attached Hearing Notice. for Date JEFFERSON COUNTY STATE OF WASHINGTON IN THE MATTER OF AMENDING THE } JEFFERSON COUNTY CODE BY ADDING } A NEW CHAPTER, TO BE KNOWN } ORDINANCE NO. AS CHAPTER 3.57, RULES FOR THE } DISPOSAL OF COUNTY REAL PROPERTY } WHEREAS, Article VIII, Section 7 of the Washington Constitution provides that the county may not give any money, or property, or loan its money, or credit in aid of any individual, association, company or corporation, except for the necessary support of the poor or infirm; WHEREAS, the county has not, by ordinance, enacted rules regulating the disposal of surplus property in general or for the disposal of property for public benefit in particular; and WHEREAS, the county owns parcels of land, all or a portion of which, the board of county commissioners may wish to transfer of in the future as surplus property or property for public benefit; and WHEREAS, per RCW 36.34.010 whenever it appears to the board of county commissioners that it is for the best interests of the county and its people that any part or parcel, or portion of such part or parcel, of property, whether real, personal, or mixed, belonging to the county, including tax title land, should be sold, the board of county commissioners shall sell and convey such property, under the limitations and restrictions and in the manner provided in RCW 36.34.010; and WHEREAS, RCW 36.34.135 authorizes the board of county commissioners, by negotiation, to lease property owned by the county located anywhere in the county and that is suitable for affordable housing 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 and special needs populations, and WHEREAS, rules for such dispositions will enhance transparency and ensure consistency and fairness; and WHEREAS, given the need for affordable housing, the county desires to enact rules to regulate the disposition of property for public benefit purposes pursuant to RCW 39.33.015; and WHEREAS, RCW 39.33.015(8)(a) defines "public benefit" as "affordable housing for low-income and very low-income households as defined in RCW 43.63A.510, and related facilities that support the goals of affordable housing development in providing economic and social stability for low-income persons; and WHEREAS, RCW 43.63A.510(4)(c) defines "low-income household" as "a single person, family, or unrelated persons living together whose income is more than fifty percent but is at or below eighty percent of the median income where the affordable housing is located;" and WHEREAS, RCW 43.63A.510(4)(b) defines "very low-income household" as "a single person, family, or unrelated persons living together whose income is at or below fifty percent of the median income, adjusted for household size, for the county where the affordable housing is located;" and WHEREAS, RCW 84.14.010(10) defines "moderate -income household" as "a single person, family, or unrelated persons living together whose adjusted income is more than eighty percent but is at or below one hundred fifteen percent of the median family income adjusted for family size, for the county where the project is located, as reported by the United States department of housing and urban development;" and WHEREAS, there is a significant need for affordable housing in Jefferson County; and WHEREAS, RCW 39.33.015(8)(b) defines "surplus public property" as "excess real property that is not required for the needs of or the discharge of the responsibilities" of the county; and WHEREAS, the county desires to amend Title 3 of the Jefferson County Code (JCC) to provide procedures for the sale, disposition or lease of county -owned surplus property consistent with RCW 39.33.015 and any other applicable state statutes. NOW, THEREFORE, Jefferson County Board of Commissioners hereby ordains that a new chapter in the JCC shall be created, to be known as Chapter 3.57, reading as set forth in the attached Appendix A. 2 ADOPTED this day of 2019, at a.m. JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS SEAL: Kate Dean, Chair David Sullivan, Member ATTEST: Greg Brotherton, Member APPROVED AS TO FORM: Carolyn Gallaway, Date Philip C. Hunsucker, Date Deputy Clerk of the Board Chief Civil Deputy Prosecuting Attorney 3 APPENDIX A Chapter 3.57 RULES FOR SALE, DISPOSITION OR LEASE OF COUNTY SURPLUS REAL PROPERTY 3.57.10 Policy. The board of county commissioners declares that it is in the public interest for real property owned by the county to be returned to the tax rolls if it is not needed for some present or future government use and if it can be sold for a reasonable return. The board of county commissioners also declare that it is in the public interest to transfer county property for a public benefit purpose consistent with the requirements of this chapter and state law. It is therefore the policy of the county to transfer of parcels of property owned by the county which are determined to be surplus property pursuant to this chapter, where disposal of a subject parcel: (1) Would afford the county a reasonable return from the transaction; or, (2) Is determined by the board of county commissioners to be in the public interest for a public benefit purpose; and, (3) The disposal is conducted consistent with the requirements of this chapter and state law. 3.57.20 Definitions. (1) "Abutter" means the owner of a parcel adjacent to a parcel being considered for transfer under this chapter. However, a person shall not be deemed an abutter, if a right-of-way separates the parcel from the parcel being considered for transfer under this chapter, unless the purchase will allow a higher and better use of the abutter's parcel. (2) "Fair market value" means the amount in cash that a well-informed buyer, willing but not obligated to buy the property, would pay, and that a well-informed seller, willing but not obligated to sell it, would accept, taking into consideration all uses to which the property is adapted or may be reasonably adaptable. 1, 2 "JCC" means the Jefferson County Code, as now existing or hereafter amended. 1 "1 150.08 Fair Market Value—Definition, 6A Wash. Prac., Wash. Pattern Jury Instr. Civ. WPI 150.08 (7th ed.). 2 Note: Footnotes are added only to track where language come from or what a definition incorporated by reference says. All footnotes will be removed before finalizing them. 4 (3) "MAI -Certified Appraiser" means an appraiser who has obtained the "MAI" designation awarded by the Appraisal Institute. See https://www.gppraisalinstitute.oriz/assets/1/7/mai- path-chart.pdf. (4) "Or" means or and includes and/or. (5) "Parcel" means a parcel of real property or any portion or part of a parcel of real property. (6) "Public benefit" has the same meaning as in RCW 39.33.015(8)(a).3 (7) "Public agency" means the state or any municipality or subdivision thereof, the federal government of a federally recognized Indian tribe. For the avoidance of doubt, public agency includes a "governmental agency" as that term is used in RCW 36.34.130. (8) "RCW" means the Revised Code of Washington, as now existing or hereafter amended. (9) "Real property" has the same meaning as in RCW 84.04.090. For the avoidance of doubt, "real property" includes any parcel, including real property, personal property, or mixed property located on the parcel. (10) "Reasonable return" means sale for tangible and intangible consideration equal to, or greater than, the appraised fair market value. (I1) "Surplus property" has the same meaning as in RCW 39.33.015(8)(b).4 For the avoidance of doubt "surplus property" as used in this chapter applies only to real property. (12) "Transfer" means either a sale or a lease of surplus property. 3.57.30 Authorized Transfers. Real property declared surplus by the board of county commissioners and may be transferred for: (1) A reasonable return or for public benefit by sealed bid, auction, negotiated sale; (2) An exchange for real property of equal value pursuant to RCW 36.34.330; (3) A transfer to a public agency pursuant to RCW 39.33.010; (4) A transfer for affordable housing pursuant to RCW 39.33.015; (6) A transfer to a public agency pursuant to RCW 36.34.130; or, (6) Pursuant to a special disposition process under this chapter. 3 "Public benefit" means affordable housing for low-income and very low-income households as defined in RCW 43.63A.510, and related facilities that support the goals of affordable housing development in providing economic and social stability for low-income persons. ° "Surplus public property" means excess real property that is not required for the needs of or the discharge of the responsibilities of the state agency, municipality, or political subdivision. 5 3.57.40 Special Disposition. (1) If the public interest in a reasonable return is outweighed by the public benefit, due to factors such as (by way of illustration and not limitation) the unique character or development potential of a given parcel or use for a public benefit purpose as affordable housing, the county administrator may recommend the board of county commissioners approval the disposal of a parcel by a special disposition process, which may include disposal for less than the appraised fair market value or for other forms of consideration in addition to or in lieu of monetary payment to the county. (2) The special disposition process may include sale or transfer by any of the methods set forth in this section, including, but not limited to, leases, options to purchase, lease -purchase transactions, or other commonly used, commercially reasonable means of disposal. (3) Approval for special disposition of a parcel under this section shall include written findings of the board of county commissioners setting out and supporting the basis for the decision to use the special disposition process, and in the case of a public benefit purpose, that the public benefit of disposal pursuant to this section outweighs the public interest in a reasonable return. 3.57.50 Surplus property resolution. (1) A parcel owned by the county may be declared surplus by the board of county commissioners after the following procedures have been completed: (a) The county administrator shall include the following information, if known, in the staff report to the board for each parcel under consideration: (i) Description of the subject parcel's size, general location, and legal description; (ii) Description of the circumstances under which the subject parcel was obtained; (iii) Description of what funds were used to initially acquire the subject parcel; (iv) Recommendation as to which fund the proceeds from its sale, if any, should be credited; (v) History of county use, if any, or uses for which it might be held; 6 (vi) Value of the subject parcel and whether further appraisal before sale is recommended and the type of appraisal required; (vii) Whether the subject parcel is marketable; (viii) Whether the subject parcel only is usable by abutting owners or has the highest return if conveyed to abutting owners; (ix) Whether some other public agency has a use for the subject parcel; (x) Whether the subject parcel should be leased, sold at auction, by sealed bid, or by negotiation; (xi) Recommendation as to whether any special covenants or restrictions should be imposed in conjunction with sale of the subject parcel; and, (xii) When recommending use of the special disposition process, provide the rationale supporting the basis for the recommendation, and in the case of a public benefit purpose as provided in RCW 39.33.015, the rationale for how the public benefit outweighs the public interest in a reasonable return. (b) A public hearing shall be held to consider the surplus declaration for the subject parcel. Notice of hearing on the proposal to dispose of any county property must particularly describe the property or portion thereof proposed to be sold and designate the place where and the day and hour when a hearing will be held thereon and be posted in a conspicuous place in the courthouse. Both posting and the date of first publication must be at least ten days before the day set for the hearing... (2) Following the public hearing, the board shall determine whether the subject parcel shall be declared surplus. (3) Any declaration of surplus property shall be made by resolution. The resolution shall also make the following determinations: (a) How the subject parcel should be transferred including but not limited to by sealed bid, at auction, through a negotiated sale, or through special disposition process, which may include a transfer for a public benefit purpose as provided in RCW 39.33.015; (b) Whether special covenants or restrictions should be imposed as a condition of the transfer; and, (c) The minimum consideration acceptable in accordance with this chapter. 7 (4) Determination of Value/Minimum Consideration Acceptable. (a) If the county has a sufficient and acceptable appraisal of the subject parcel, no additional appraisal shall be required. (b) If an acceptable appraisal is not available, the county administrator shall obtain a: (i) Limited opinion of value for parcels under $25,000; (ii) Short form appraisal report for parcels under $50,000; or (iii) Full narrative appraisal report by an MAI -Certified Appraiser. 3.57.60 Sale procedure. The following procedures and requirements shall apply to the sale of surplus property: (1) County Treasurer or Designee Conducts All Sales at Auction. The county treasurer or designee shall supervise all sales of surplus property at auctions pursuant to the requirements of state law and this chapter. (2) Notice and Hearing Requirements. If a subject parcel is to be sold, the notice and hearing requirements applicable to sales of county property in Chapter 36.34 RCW shall be followed.' (3) Negotiated Sale to Owner of an Abutting Property. If the subject parcel can only be put to its highest and best use when aggregated with an abutter's parcel because of its size, shape, topography, or other restriction, the subject parcel may be negotiated for sale to the abutter, provided: (a) The abutter is willing to purchase for the fair market value of the subject parcel as determined under JCC 3.57.060(3); and, (b) If more than one qualifying abutter express interest in purchasing the subject parcel, the board may solicit sealed bids from all qualifying abutters. (4) Earnest Money/Time to Closing. (c) Minimum Required Deposit. The minimum deposit required is 5 percent of the bid or purchase price or $5,000, whichever is greater. (i) Disposition by Sealed Bid or Auction. Where a subject parcel is sold by sealed bids or auction, all bids submitted must be accompanied by the minimum required deposit in the form of a cashier's check payable to s RCW 36.34.010-RCW 36.34.100. 8 Jefferson County. The board of county commissioners reserves the right to waive any irregularities in the bid process. (ii) Disposition by Negotiated Sale to Owner of an Abutting Property. Where a parcel is sold by negotiated sale to an owner of an abutting property, the purchaser shall deposit earnest money with the county treasurer, who shall place the earnest money deposit into an administrative trust account until closing on the purchase of the parcel and payment of any remaining amount of the purchase price in excess of the minimum deposit required in the amount of $5,000 or five percent of the sale price, whichever is greater, within three business days of execution of a purchase and sale agreement for the purchase of the subject parcel. (d) Payment of the Full Purchase Price Required within 30 Days. (i) For sales made at auction, the following procedures apply: (A) All sales shall be made to the highest and best bidder, for cash, cashier check or money order. No personal checks, business checks or credit/debit cards will be accepted. There is no financing available through the county. (B) Bids will be increased in increments of no less than $1,000.00. (C) No personal checks, business checks or credit/debit cards will be accepted, and there is no financing available through Jefferson County. (D) If the highest bidder does not have the exact amount of the bid, at the conclusion of bidding on a particular parcel the highest bidder will be allowed no more than 60 minutes from the end of the sale to obtain the amount of their successful bid. (E) If a cashier's check is presented for more than the highest bid, the county treasurer shall refund the purchaser in two weeks. (F) At the end of the 60 minutes, if payment is not then made by the initial highest bidder to the Jefferson County Treasurer's Office, that bid will be deemed rejected, the bidding on that parcel will be reopened, the defaulting bidder will be excluded from further bidding, and the defaulting bidder's deposit shall be forfeited. (G) Bid deposits will be returned to unsuccessful bidders following the conclusion of the auction and after the successful bidder has returned with payment in full. (j) For sales not made at auction, payment in full of the purchase price shall be made within 30 days final negotiation of purchase and sale agreement. (iii) Title to the subject parcel shall not be transferred until the full amount of the purchase price is paid to the county. (e) Minimum Required Deposit Held until Payment in Full. The county treasurer shall hold the minimum required deposit in an administrative trust account until closing on the purchase of the parcel and payment of any remaining amount of the purchase price in excess of the minimum deposit required. (f) Result of Failure to Pay Remaining Amount within 30 Days. If the purchaser does not pay the remaining amount within 30 days, the minimum required deposit shall be retained as damages for lost time and expense in conducting the sale, unless, that the purchaser deposits an additional $5,000 extension fee, in which case the time to make full payment shall be extended for an additional 30 days. If full payment is not made by the conclusion of the additional 30 days period, all deposits shall be retained as damages for lost time and expense in conducting the sale. (5) Closing Costs. All closing costs, exclusive of deed preparation, shall be borne by the purchaser including, but not limited to, survey work, title insurance, recording costs, and escrow fees if applicable. (6) Transfer for Public Benefit Purpose. The provisions of JCC 3.57.060(1)-(6) are not required but may be imposed for transfers of surplus utility property for public benefit purpose as provided in RCW 39.33.015. (7) Form of Conveyance. All conveyances shall be made by quitclaim deed or such other form of conveyance and on such terms as determined by the county prosecuting attorney. 10 3.56.70 Transfer of surplus property for consideration other than cash. Surplus property may be transferred for consideration other than cash under the following conditions: (1) If the board of county commissioners determines that the transfer of a parcel declared surplus under this chapter could realize greater benefit to the county through consideration other than cash, the board of county commissioners may invite prospective purchasers to tender consideration other than cash. Upon receipt of a bid or offer tendering consideration other than cash, and prior to accepting such bid or offer for consideration other than cash, the county administrator shall make a report to the board of county commissioners during an open public meeting setting forth the benefits of such a transaction for consideration other than cash. (2) Before accepting any bid or offer for consideration other than cash, an adequate appraisal shall have been made by a qualified independent MAI -Certified Appraiser. (3) If the board of county commissioners finds that the bid or offer for consideration other than cash has more value or benefit to the county than any other bid or offer submitted, the board of county commissioners may authorize the county administrator to accept the bid or offer for consideration other than cash. 3.57.80 Lease of surplus public property. (1) The board of county commissioners may authorize the lease or sublease of any parcel, under such terms and conditions as they may deem desirable, fair and appropriate, either by use of negotiations or bidding in the best interests of the county, or a transfer for a public benefit purpose as provided in RCW 39.33.015. (2) Notice and Hearing Requirements. If a subject parcel is to be leased, the notice and hearing requirements applicable to leases of county property in Chapter 36.34 RCW shall be followed.b 6 RCW 36.34.135-RCW 36.34.190. 11 3.57.90 Corrections. If any portion of this ordinance is declared invalid or unconstitutional by any court of competent jurisdiction, such holding shall not affect the validity of the remaining portion(s) of this ordinance. 3.57.100 Severability. Upon the approval of the county prosecuting attorney, the clerk of the board of county commissioners and the codifiers of this ordinance are authorized to make necessary corrections to this ordinance including, but not limited to, the correction of scrivener's/clerical errors, references, ordinance numbering, section/subsection numbers and any references thereto. 3.57.110 Effective Date. This ordinance shall take effect and be in force when approved by the board of county 101 iiORM[631LIR 1 12