How applicants are chosen for a lot lease

A. The committee must determine each applicant's total score by adding the scores assigned to each applicant by the individual committee members. Food for local consumption must be given priority over non-food crops or crops for export. The applicants with the highest total scores must be recommended by the committee to the director to receive a lease. B. In the event of a tie, an applicant must be selected by the committee for recommendation as follows: 1. The director must place each of the applicant names receiving identical scores in a separate sealed envelope. 2. The sealed envelopes must be placed in a container brought to the next available committee meeting. 3. The chair must designate a committee member to draw an envelope from the container. 4. The envelope must be opened by the chair, and the name of the applicant selected must be read into the public record. C. The committee must make a recommendation to the director on its selections. The committee must provide all documents, written findings, conclusions and recommendations, and any proposed conditions or qualifications to the director. D. The director must review the recommended application, documents, written findings, conclusions and recommendations, and any proposed conditions or qualifications provided by the committee. E. The director will deny, approve, or approve with conditions the recommended application within thirty calendar days after the recommendation by the committee is made. F. The director must notify the applicant of the director's decision by certified mail within fourteen calendar days after making a decision on the application. G. If more than one lot becomes available at the same time, the applicant with the highest score in accordance with section 22.04A.084 selects a lot first, followed by the next highest scorer, and so on. In the event of a tie, lots must be selected in the order applicants were drawn in accordance with subsection B. Except as otherwise specified in this chapter, lot selection must take place at a place, date, and time determined by the director. Applicants must be present in person for lot selection. An authorized agent may represent the applicant with prior approval by the director. An applicant must waive the right to select a lot if the applicant or the applicant's authorized representative is not present when the drawing for lot selection begins. The director must assign a lot to any absent applicants after the lot selection ends. The director may reserve lots during any lot selection procedure for matters such as pending administrative appeals, litigation, or other matters beyond the County's control. The director must assign a reserved lot to an applicant who prevails in an administrative appeal or legal proceeding. H. Upon fulfillment of all prospective lessee's duties and completion of lot selection, if any, the director must tender a lease for execution to prospective lessees by certified mail. In the event a prospective lessee fails to execute the lease within thirty calendar days after receipt, the director's tender of the lease must be withdrawn. I. If a prospective lessee fails to execute the lease within the time permitted, a new qualified applicant must be selected in accordance with this section from those qualified applicants who received a score in accordance with section 22.04A.084 , but did not receive a lot award. If there are no qualified applicants, the office must provide notice of lot availability and proceed with the application and evaluation process again in accordance with this chapter. J. The department must maintain a waitlist of prospective lessees, sublessees, and assignees. Everyone on the waitlist must be notified when a lot is up for lease or when a lessee wants to sublease or assign a lot. Priority for new leases, subleases, and assignees must be given to those on the waitlist. ( Ord. No. 5495 , § 8, 2023; Ord. 4336, § 1, 2016 )