Chapter 2.56
COUNTY-OWNED PROPERTY MANAGEMENT1
Sections:
2.56.070 Property management rental rate development policy.
2.56.010 Management and disposition of county owned property two thousand five hundred dollars or more; purpose.
Skamania County hereby adopts a policy establishing procedures for the management and disposition of surplus personal and real property owned by Skamania County with a value of two thousand five hundred dollars or more. Skamania County includes in this policy the lease of county owned property. (Res. 2012-44(Attach. A), 7-31-12)
2.56.020 Management and disposition of county owned property two thousand five hundred dollars or more; definitions.
“Board” means the board of county commissioners, the governing authority of Skamania County, for purposes of Chapter 36.32 RCW.
“County official” means elected official and/or department head.
“Emergency” means an occurrence whereby county personal property would suffer material injury, loss or damage by delay of action.
“Estimated market value” means the probable sale value of personal property as between a willing seller, who desires but is not required to sell and a willing purchaser, who desires but is not required to buy, assuming both are knowledgeable as to all uses to which the personal property can be employed.
“Expendable property” means that personal property which, when committed to the purpose intended, has its usefulness consumed and thereafter has no further value.
“General services director” means the county employee within the facilities section of the county designated by the board with the responsibility of administering the provisions of this policy as relating to management of surplus personal property.
“Lot” means a number of personal properties of a like kind, serving a similar purpose.
“Personal property” means county-owned equipment, machinery and tools that does not include expendable supplies.
“Public works director” means the county employee within the public work department of the county designated by the board with the responsibility of administering the provisions of this policy as relating to surplus personal property related to the equipment rental and revolving fund.
“Real property” means county-owned real estate including land and buildings.
“Surplus property” means personal property obsolete or no longer maintainable, including waste or scrap materials.
“Worthless property” means personal property which, when processed in the manner most advantageous to the county, cannot be sold for an amount sufficient to recoup the cost of sale or disposal. (Res. 2012-44(Attach. A), 7-31-12)
2.56.030 County-owned personal or real property with more than two thousand five hundred dollars value; policy.
A. All county personal or real property with an estimated value of two thousand five hundred dollars or more shall be managed by the board and held, used, leased, licensed and sold pursuant to this policy, procedures and the laws of the State of Washington.
B. County official shall be responsible for county-owned personal or real property in their custody and/or control.
1. Maintains property in an operative condition.
2. Protects property from theft, destruction, or dissipation.
C. County official shall notify board in writing of an obsolete property in their custody or control.
D. Board determines personal property surplus to department needs.
E. Board notifies county departments and governmental agencies of available county-owned surplus property.
F. Board reviews requests from departments and governmental agencies for county-owned surplus property and determines distribution.
G. Board evaluates surplus property and selects the disposition of each item most advantageous to the county.
1. Transfer to another department.
2. Trade-in surplus property.
3. Negotiate sale or lease of county owned surplus property to another governmental agency.
4. Sale by sealed bid.
5. Sale by auction.
6. Sale by contracted real estate professional.
7. Sale by public yard sale.
H. If board determines trade-in is most advantageous to the county.
1. Trade-in must meet current or future needs of the county as provided in RCW 36.34.070.
a. Call for sealed bids for replacement of surplus property shall include:
(1) Description and quantity of county-owned property for sale or trade-in and the day, hour and place that the bids will be opened on the property to be purchased.
(2) Any supplier may include within its offer to supply an offer to accept the designated county trade-in property by setting forth in the bid the amount of such allowance.
(3) Board may accept the bid of any bidder without trade-in of the county property.
(4) In determining the lowest and best bid, the county shall consider the net cost to the county after trade-in allowances have been deducted.
(5) Anyone may make an offer for the purchase of the used equipment on a bid of the new equipment and the county shall consider such offers in relation to the trade-in allowances offered to determine the best sale and purchase combination for the county.
I. If board determines transfer to another county department is most advantageous to the county.
1. Transfer on inventory sheet to the selected department.
J. If board determines sale or lease to another governmental agency is most advantageous to the county and its citizens.
1. Negotiate sale or lease of county-owned property on terms determined commercially acceptable and time periods deemed necessary and proper.
K. If the board determines that a sealed bid is most advantageous to the county, sets date for sealed bids to be due and authorizes appropriate department to proceed with requests for sealed bid.
Notice for sealed bids shall include:
1. Description of the property to be sold.
2. Designated day, hour and the place of bid opening.
3. Statement that “All bids must be sealed”, and if required, “a deposit” or “full amount of bid” included and delivered to the clerk of the board prior to the time set for opening.
4. Statement that accepted bidder shall deposit any remaining amount bid with the county treasurer within five working days of bid award or bid shall be deemed null and void.
L. Skamania County may, if it deems such action to be for the best public interest, reject any and all bids, either written or oral, and withdraw the county property from sale.
M. If the board determines that a public auction is most advantageous to the county, sets date for public auction and authorizes buildings and grounds to proceed with sale.
1. Notice of sale of county-owned surplus property must reasonably describe the property to be sold.
2. Notice of sale must designate the day and hour and the place of public auction.
3. Notice of public auction must be published twice with the first publication to be ten days prior to date set.
N. All sales of county property shall be made to the highest bidder.
1. Failure to comply with the terms of sale by a purchaser will result in forfeiture of any and all monies paid.
2. In no case shall property title be transferred until the purchase price for such property has been fully paid to the county.
3. If successful bidder fails to submit payment within time line specified, board may select alternate bidder as successful bidder.
4. If no sealed bids are received, sale may be accomplished by negotiation.
5. Proceeds from the sale of the property with a value of two thousand five hundred dollars or more shall be deposited into the fund from which the original purchase was made as provided in RCW 36.34.120.
6. Sale proceeds and appropriate documentation shall be provided to the Skamania County Treasurer’s office no later than five o’clock p.m. on the first regular business day following the sale.
O. If the board determines that contracted real estate professional is most advantageous to the county.
1. Properties will be declared surplus after a public hearing on same.
2. RFP for real estate professionals will be solicited by the board.
3. Real estate professional will be chosen and proceed to offer properties for sale after an established fair market value and reasonable price is set by the board.
P. Sales of county property must be paid in cash, certified check, or cashier’s check prior to county release of sold properties.
Q. Information including the name and mailing address of each purchaser or recipient and the particulars of the sale of transfer shall be recorded.
R. Record of county-owned property sold or disposed of shall be transmitted to the board no later than two weeks following the sale or disposition. (Res. 2012-44(Attach. A), 7-31-12)
2.56.040 Management and disposition of surplus property less than two thousand five hundred dollars; purpose.
Skamania County hereby adopts a policy establishing procedures for the management and disposition of surplus personal property owned by Skamania County which value is less than two thousand five hundred dollars, except all vehicles and equipment under the direction of the equipment rental and revolving fund will be disposed of by the public works department in the same manner as the surplus property over two thousand five hundred dollars. (Res. 2012-44(Attach. B), 7-31-12)
2.56.050 Management and disposition of surplus property less than two thousand five hundred dollars; definitions.
“Board” means the board of county commissioners, the governing authority of Skamania County, for purposes of Chapter 36.32 RCW.
“Emergency” means an occurrence whereby county personal property would suffer material injury, loss or damage by delay of action.
“Estimated market value” means the probable sale value of personal property as between a willing seller, who desires but is not required to sell and a willing purchaser, who desires but is not required to buy, assuming both are knowledgeable as to the various uses to which the personal property can be employed.
“Expendable property” means that personal property which, when committed to the purpose intended, has its usefulness consumed and thereafter has no further practical value.
“General services director” means the county employee within the facilities section of the county designated by the board with the responsibility of administering the provisions of this policy as relating to management of surplus personal property.
“Lot” means a number of personal properties of a like kind, serving a similar purpose.
“Personal property” means county-owned equipment, machinery and tools (does not include expendable supplies).
“Public works director” means the county employee within the public works department of the county designated by the board with the responsibility of administering the provisions of this policy as relating to the equipment rental and revolving fund.
“Real property” means county-owned real estate including land and buildings.
“Surplus property” personal or real property that is obsolete or no longer of use or maintainable, including waste or scrape materials.
“Worthless property” means property which, when processed in the manner most advantageous to the county, cannot be sold for an amount sufficient to recoup the cost of sale or disposal. (Res. 2012-44(Attach. B), 7-31-12)
2.56.060 Management and disposition of surplus property less than two thousand five hundred dollars; policy.
1. Board manages all county surplus personal property. The board authorizes the general services director to administer the disposition of county-owned surplus property with a value of less than two thousand five hundred dollars, except all vehicles and equipment under the direction of the equipment rental and revolving fund will be disposed of by the public works department in the same manner as the surplus property over two thousand five hundred dollars.
2. General services director administers disposition of surplus personal property with an estimated market value of less than two thousand five hundred dollars.
• Receives request from departments to surplus or destroy personal property.
• If expendable or worthless, notes method of destruction and date.
• Determines estimated market value of surplus personal property.
3. General services director notifies departments of available surplus personal property.
• Sends notice to all departments with submittal deadline.
• If no requests received from departments, notifies local governmental agencies with a submittal deadline.
4. General services director determines disposition of surplus personal property most advantageous to the county.
• May negotiate sale or lease of county-owned property on terms determined commercially acceptable and time periods deemed necessary and proper.
• May hold a public sale with five working day posting requirement.
• May set specific price or negotiate price.
• May hold a public auction.
5. Property not disposed of by processes of step 4 may be declared worthless by general services director and disposed of at Skamania County Transfer Site.
6. Sale proceeds and appropriate documentation shall be provided to the Skamania County Treasurer’s office no later than five o’clock p.m. on the first regular business day following the sale.
7. Payment of sales of county-owned personal property.
• Shall be paid in cash, certified check, or cashier’s check.
• Shall be paid prior to county release of sold properties.
• Shall be deposited into the county general fund.
• Failure to comply with the terms of sale by a purchaser will result in forfeiture of any and all monies paid.
• If purchaser fails to comply, county has the right to award sale to 2 nd highest bidder and/or annul the sale.
• Unless authorized otherwise by board of commissioners, payment shall be paid at close of public auction or sale.
8. Police Dogs. Where the sheriff of Skamania County, in his or her discretion, determines, upon retirement of a police dog from service, that the interest of the animal, its handler, the county or the public would best be served thereby, the sheriff may make any appropriate disposition of such police dog, provided the recipient of the police dog agrees to assume all future liability for its actions, care, maintenance and medical needs. (Res. 2012-44(Attach. B), 7-31-12)
2.56.070 Property management rental rate development policy.
A. Skamania County hereby adopts a policy establishing guidelines and procedures to be used for determining the rental rate for county-owned properties in the absence of established rental rates approved by the board of county commissioners. This policy should be followed when setting rental rates for short-term, mid-term and long-term rentals. This policy specifically excludes any properties where established rental rates are approved including but not limited to campgrounds, the Fairground Complex and/or meeting rooms/classroom facilities, unless the request for lease/rental does not fall under the established rate structure. When setting rental rates using these guidelines, the county will set rental rates as consistent as possible with similar properties; set rates to achieve previously approved occupancy rates, or by other guidelines approved by the board of county commissioners. The county shall keep a record of all information used to set rental rates, including rental rates for comparable properties when applicable.
B. The following definitions will be used for the purpose of this policy:
1. “Short-term rental” is generally a vacation rental, but will include all rentals for one month or less.
2. “Mid-term rental” means rentals for greater than one month, but not more than six months.
3. “Long-term rental” means any rental of any property for a duration of greater than six months.
4. “Rental rates” means all costs associated with the rent of any unit(s) including rent, deposits, cleaning fees, utilities, services, damages, etc.
C. Policy for Short-Term Rental. Skamania County public works personnel shall have the sole responsibility to set the rental rates for short-term rental agreements and may fluctuate with market demand. Rental rate decisions shall be recorded and kept in a file and rates shall be for the property, and season and shall be consistent for all renters. Records of all renters and rates for each renter shall be kept and available for inspection and shall be reported to the board of county commissioners quarterly. Short-term rentals may be extended to the mid-term rental time frame but will be reported as a mid-term rental to the board of county commissioners.
D. Policy for Mid-Term Rental. Skamania County public works personnel shall have the sole responsibility to set the rental rates for mid-term rental agreements and may fluctuate with market demand. Each mid-term rental agreement shall be presented to the board of county commissioners at the next available business meeting. Mid-term rental agreements shall not be extended beyond six months without first providing public notice required for long-term rental agreements.
E. Policy for Long-Term Rental. Skamania County public works personnel shall be authorized to negotiate rental agreements with potential tenants. The contents of the agreements negotiated shall be inclusive of responsibilities of either party including, but not limited to, rental rates, termination clauses, improvements to properties, maintenance, snow removal, etc.; however, no agreement may be entered without the approval of the board of county commissioners.
Once the rental agreement is negotiated and is amenable to both parties, the agreement shall be presented to the board of county commissioners at a business meeting, along with a deposit of a minimum of two-months’ rent by certified check. Upon preliminary acceptance of rental agreement terms by the board of county commissioners, notice of the rental agreement shall be advertised in the county’s paper of record, and complete terms of the agreement shall be posted on the county’s website for thirty days. During the thirty-day notice period, anyone wishing to lease the property will be allowed to present a counteroffer for the property. All counteroffers shall be accompanied by a deposit of a minimum of two-months’ rent by certified check for the new rental amount.
If a counteroffer is received, Skamania County public works will evaluate the counteroffer and make a recommendation to the board of county commissioners in a business meeting. If the counteroffer is deemed to be in the best interest of the county, the county will accept the counteroffer and enter into terms for the lease of the property. (Ord. 2020-01, 6-9-20)
Editor’s note—Res. No. 2012-44, adopted July 31, 2012, amended Chapter 2.56 in its entirety to read as herein set out. Former Chapter 2.56, §§ 2.56.010—2.56.100, pertained to similar subject matter and derived from Ord. 1987-09, §§ 1—10.