HomeMy WebLinkAboutInterlocal w/The City of Port Townsend and Olympic Community Action Programs (OlyCAP) - 102703INTERLOCAL COOPERATION AGREEMENT BETWEEN JEFFERSON
COUNTY, THE CITY OF PORT TOWNSEND, AND OLYMPIC COMMUNITY
ACTION PROGRAMS FOR THE PURPOSE OF ADMINISTERING
SURCHARGE FUNDS GENERATED AS A RESULT OF SHB 2060.
This agreement is entered into between Jefferson County, the City of Port Townsend, and
Olympic Community Action Programs for the purpose of insuring proper use of funds
created through the surcharge of ten dollars for each document recorded through the
County Auditor's office to fund housing programs for extremely low income and very
low income persons throughout Jefferson County.
WHEREAS, the Washington State Legislature passed Substitute House Bill 2060 during
the 57th Legislative Session and Governor Locke signed the bill on April 2, 2002; and,
WHEREAS, this bill authorizes a ten dollar surcharge on documents recorded through
the County Auditor's office for the purpose of providing funds for housing programs for
extremely low and very low income persons; and,
WHEREAS, McKinney funds, Emergency Shelter Assistance Program funds,
Emergency Shelter Grant Program funds, Housing Trust Fund grants, and Community
Development Block Grant Housing Rehabilitation have either been cut back or require
matching funds; and,
WHEREAS, Olympic Community Action Programs currently serves as the lead agency
for shelter service funds, lead agency for Continuum -of -Care McKinney Funds, and as
the administering agency for related housing funding,
NOW THEREFORE, in consideration of the mutual housing benefits for extremely low
income and very low-income persons living throughout the entire Jefferson County area,
the above partners agree as follows:
A. The purpose of this agreement shall be to provide for the administration and
expenditure of revenue generated from the recording surcharge authorized under
the provisions of Substitute House Bill 2060.
B. That portion of the revenue generated from the surcharge that is allocable to very
low income housing needs within Jefferson County shall be collected by the
Jefferson County Auditor and held in a single Fund by the Jefferson County
Treasurer, to be drawn upon the administering agency designed below, for use as
provided under the terms of this agreement.
C. Olympic Community Action Programs, a non-profit, Washington corporation
having its principal offices at 24 Seton Road, Port Townsend, Washington, is
designated as the administering agency for the administration and expenditure of
the funds collected from the recording surcharge, to be used for the following
purposes:
a
To enhance existing housing programs for low income persons which
require matching funds and/or supplementing due to cutbacks in such
programs, or due to increasing demands upon such programs;
2. To provide for new housing programs designed to meet the transitional
and permanent housing needs of low income people; and
3. To provide for local domestic violence shelter and emergency shelter
operations serving low income people.
Olympic Community Action Programs shall administer and expend these funds to serve
low-income people and families in need throughout the incorporated and unincorporated
areas of Jefferson County.
D. This agreement shall remain in full force and effect until:
Olympic Community Action Programs provides at least thirty (30) days
prior, written notice to the county of its intention to terminate its service
as the administering agency; or,
2. The parties agree in writing to terminate the agreement upon not less than
ninety (90) days prior, written notice to Olympic Community Action
Programs, whichever occurs first.
E. Olympic Community Action Programs shall at least annually provide Jefferson
County with a written summary of the funds expended under the terms of this
agreement.
F. For the purposes of R.C.W. 39.34.030(4)(a), the Jefferson County Board of
Commissioners is designated as the administrator responsible for overseeing and
administering the joint or cooperative undertaking contemplated by this
agreement (i.e., the joint designation of an administering agency to administer
and expend the revenues generated by the recording surcharge as provided in this
agreement). The parties by reason of this joint or cooperative undertaking shall
acquire no property.
G. In its administration of the funds authorized herein, Olympic Community Action
Programs shall make not less than 10% of the revenue generated on an annual
basis available to other qualified not-for-profit organizations administering such
programs as are specified in the enabling legislation.
2
Agreement re: Administering Surcharge Funds Generated From SHB 2060
Dated this AO day of "rrla 2003.
BOARD OF COUNTY CONI USSIONERS
OF JEFFERSON COUNTY, WASHINGTON
JA do�;?
Dan Titterness, Chairman
kFy0,t,L5ed Absg,�iec)
Glen Huntingford, Commissioner
Commissioner
ved as to fortes only,
ATTEST:
Jefferson Co. Prosecutor's Ott'.
'G.t��
orna Delaney, Clerk of the Roar
CITY OF FORT TOWNSEND
ATTEST:
a A, Al.
YMPIC COMMUNITY ACTION PROGRAMS
E
T. Dan Wollam, Executive Director
CERTIFICATION OF ENROLLMENT
SUBSTITUTE HOUSE BILL 2050
57th Legislature
2002 Regular Session
Passed by the House March 11, 2002
Yeas 65 Nays 31
Speaker of Ehe House of Representat ves
Passed by the Senate March 7, 2002
Yeas 29 Nays 16
President of the Senate
Approved
Governor of the State of Washington
CERTIFICATE
I, Cynthia Zehnder, Chief Clerk of the
House of Representatives of the State
of Washington, do hereby certify that
the attached is SUBSTITUT8 HOUSE BILL
2060 as passed by the House of
Representatives and the Senate on the
dates hereon set forth.
Chief Clerk
FILED
Secretary of State
State of Washington
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SUBSTITUTE HOUSE BILL 2460
AS AMENDED BY THE SENATE
Passed Legislature - 2002 Regular Session
State of Washington 57th Legislature 2002 Regular Session
By House Committee on Finance (originally sponsored by Representatives
Dunn, Cooper, Haigh, Edmonds and Fromhold)
Read first time 02/11/2002. Referred to Committee on .
AN ACT Relating to funds for operating and maintenance of
low-income housing projects and for innovative housing demonstration
projects; amending RCW 36.18.010, 18.85.540, and 43.185.050; adding a
new section to chapter 36.22 RCW; adding a new section to chapter
43.330 RCW; and creating a new section.
6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON;
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NEW SECTION. Sec. 3. The legislature recognizes housing
affordability has become a significant problem for a large portion of
society in many parts of Washington state in recent years. The state
has traditionally focused its resources on housing for low-income
populations. Additional funding resources are needed for building
operation and maintenance activities for housing projects affordable to
extremely low-income people, for example farmworkers or people with
developmental disabilities. Affordable rents for extremely low-income
people are not sufficient to cover the cost of building operations and
maintenance. In addition resources are needed at the local level to
assist in development and preservation of affordable low-income housing
to address critical local housing needs.
P. 1 SHB 2060.PL
1 NEW, SECTION. Sec. 2. A new section is added to chapter 36.22 RCW
2 to read as follows:
3 (1) Except as provided in subsection (2) of this section, a
4 surcharge of ten dollars per instrument shall be charged by the county
5 auditor for each document recorded, which will be in addition to any
6 other charge authorized by law. The auditor may retain up to five
7 percent of these funds collected to administer the collection of these
8 funds. Of the remaining funds, forty percent of the revenue generated
9 through this surcharge will be transmitted monthly to the state
10 treasurer who will deposit the funds into the Washington housing trust
11 account. The office of community development of the department of
12 community, trade, and economic development will develop guidelines for
13 the use of these funds to support building operation and maintenance
14 costs of housing projects or units within housing projects that are
15 affordable to extremely low-income persons with incomes at or below
16 thirty percent of the area median income, and that require a supplement
17 to rent income to cover ongoing operating expenses. Sixty percent of
18 the revenue generated by this surcharge will be retained by the county
19 and be deposited into a fund that must be used by the county and its
20 cities and towns for housing projects or units within housing projects
21 that are affordable to very low-income persons with incomes at or below
22 fifty percent of the area median income. The portion of the surcharge
23 retained by a county shall be allocated to very low-income housing
24 projects or units within such housing projects in the county and the
25 cities within a county according to an interlocal agreement between the
26 county and the cities within the county, consistent with countywide and
27 local housing needs and policies. The funds generated with this
28 surcharge shall not be used for construction of new housing if at any
29 time the vacancy rate for available low-income housing within the
30 county rises above ten percent. The vacancy rate for each county shall
31 be developed using the state low-income vacancy rate standard developed
32 under subsection (3) of this section. Permissible uses of these local
33 funds are limited to:
34 (a) Acquisition, construction, or rehabilitation of housing
35 projects or units within housing projects that are affordable to very
36 low-income persons with incomes at or below fifty percent of the area
37 median income;
38 (b) Supporting building operation and maintenance costs of housing
39 projects or units within housing projects built with housing trust
SHB 2060.PL p. 2
1 funds, that are affordable to very low-income persons with incomes at
2 or below fifty percent of the area median income, and that require a
3 supplement to rent income to cover ongoing operating expenses;
4 (c) Rental assistance vouchers for housing projects or units within
5 housing projects that are affordable to very low-income persons with
6 incomes at or below fifty percent of the area median income, to be
7 administered by a local public housing authority or other local
8 organization that has an existing rental assistance voucher program,
9 consistent with the United States department of housing and urban
10 development's section 8 rental assistance voucher program standards;
11 and
12 (d) Operating costs for emergency shelters and licensed overnight
13 youth shelters.
14 (2) The surcharge imposed in this section does not apply to
15 assignments or substitutions of previously recorded deeds of trust.
16 (3) The real estate research center at Washington State University
17 shall develop a vacancy rate standard for low-income housing in the
18 state as described in RCW 18.85.540(1)(i).
19 Sec. 3. RCW 36.18.010 and 1999 c 233 s 3 are each amended to read
20 as follows:
21 County auditors or recording officers shall collect the following
22 fees for their official services:
23 For recording instruments, for the first page eight and one-half by
24 fourteen inches or less, five dollars; for each additional page eight
25 and one-half by fourteen inches or less, one dollar. The fee for
26 recording multiple transactions contained in one instrument will be
27 calculated for each transaction requiring separate indexing as required
28 under RCW 65.04.050 as follows: The fee for each title or transaction
29 is the same fee as the first page of any additional recorded document;
30 the fee for additional pages is the same fee as for any additional
31 pages for any recorded document; the fee for the additional pages may
32 be collected only once and may not be collected for each title or
33 transaction;
34 For preparing and certifying copies, for the first page eight and
35 one-half by fourteen inches or less, three dollars; for each additional
36 page eight and one-half by fourteen inches or less, one dollar;
37 For preparing noncertified copies, for each page eight and one-half
38 by fourteen inches or less, one dollar;
p. 3 SHB 2060.PL
1 For administering an oath or taking an affidavit, with or without
2 seal, two dollars;
3 For issuing a marriage license, eight dollars, (this fee includes
4 taking necessary affidavits, filing returns, indexing, and transmittal
5 of a record of the marriage to the state registrar of vital statistics)
6 plus an additional five -dollar fee for use and support of the
7 prevention of child abuse and neglect activities to be transmitted
8 monthly to the state treasurer and deposited in the state general fund
9 plus an additional ten -dollar fee to be transmitted monthly to the
10 state treasurer and deposited in the state general fund. The
11 legislature intends to appropriate an amount at least equal to the
12 revenue generated by this fee for the purposes of the displaced
13 homemaker act, chapter 28B.04 RCW;
14 For searching records per hour, eight dollars;
15 For recording plats, fifty cents for each lot except cemetery plats
16 for which the charge shall be twenty-five cents per lot; also one
17 dollar for each acknowledgment, dedication, and description: PROVIDED,
18 That there shall be a minimum fee of twenty-five dollars per plat;
19 For recording of miscellaneous records not listed above, for the
20 first page eight and one-half by fourteen inches or less, five dollars;
21 for each additional page eight and one-half by fourteen inches or less,
22 one dollar;
23 For modernization and improvement of the recording and indexing
24 system, a surcharge as provided in RCW 36.22.170.
25 For recording an emergency nonstandard document as provided in RCW
26 65.04.047, fifty dollars, in addition to all other applicable recording
27 fees.
28 For recording instruments. a surCharge as provided
29 this act.
30 NEW SECTION, Sec. 4. A new section is added to chapter 43.330 RCW
31 to read as follows:
32 The office of community development of the department of community,
33 trade, and economic development is directed to conduct a statewide
34 housing market analysis by region. The purpose of the analysis is to
35 identify areas of greatest need for the appropriate investment of state
36 affordable housing funds, using vacancy data and other appropriate
37 measures of need for low-income housing. The analysis shall include
38 the number and types of projects that counties have developed using the
SHB 2060.PL P. 4
1 funds collected under this act. The analysis shall be completed by
2 September 2003, and updated every two years thereafter.
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Sec. S. RCW 18.85.540 and 1999 c 192 s 3 are each amended to read
as follows:
(1) The purpose of a real estate research center in Washington
state is to provide credible research, value-added information,
education services, and project -oriented research to real estate
licensees, real estate consumers, real estate service providers,
institutional customers, public agencies, and communities in Washington
state and the Pacific Northwest region. The center may:
(a) Conduct studies and research on affordable housing and
strategies to meet the affordable housing needs of the state;
(b) Conduct studies in all areas directly or indirectly related to
real estate and urban or rural economics and economically isolated
communities;
(c) Disseminate findings and results of real estate research
conducted at or by the center or elsewhere, using a variety of
dissemination media;
(d) Supply research results and educational expertise to the
Washington state real estate commission to support its regulatory
functions, as requested;
(e) Prepare information of interest to real estate consumers and
make the information available to the general public, universities, or
colleges, and appropriate state agencies;
(f) Encourage economic growth and development within the state of
Washington;
(g) Support the professional development and continuing education
of real estate licensees in Washington; ((ate))
(h) Study and recommend changes in state statutes relating to real
estate; and
M Develop a vacancy rate standar for low-income bnuaing in the
state.
(2) The director shall establish a memorandum of understanding with
an institution of higher learning that establishes a real estate
research center for the purposes under subsection (1) of this section.
(3) This section expires September 30, 2005.
P. 5 SHB 2060.PL
I Sec. 6. RCW 43.185.050 and 1994 c 160 s 1 are each amended to read
2 as follows:
3 (1) The department shall use moneys from the housing trust fund and
4 other legislative appropriations to finance in whole or in part any
5 loans or grant projects that will provide housing for persons and
6 families with special housing needs and with incomes at or below fifty
7 percent of the median family income for the county or standard
8 metropolitan statistical area where the project is located. At least
9 thirty percent of these moneys used in any given funding cycle shall be
10 for the benefit of projects located in rural areas of the state as
11 defined by the department. If the department determines that it has
12 not received an adequate number of suitable applications for rural
13 projects during any given funding cycle, the department may allocate
14 unused moneys for projects in nonrural areas of the state.
15 (2) Activities eligible for assistance from the housing trust fund
16 and other legislative appropriations include, but are not limited to:
17 (a) New construction, rehabilitation, or acquisition of low and
18 very low-income housing units;
19 (b) Rent subsidies;
20 (c) Matching funds for social services directly related to
21 providing housing for special -need tenants in assisted projects;
22 (d) Technical assistance, design and finance services and
23 consultation, and administrative costs for eligible nonprofit community
24 or neighborhood -based organizations;
25 (e) Administrative costs for housing assistance groups or
26 organizations when such grant or loan will substantially increase the
27 recipient's access to housing funds other than those available under
28 this chapter;
29 (f) Shelters and related services for the homeless. including
30 emergency shelters and overnight youth shelters;
31 (g) Mortgage subsidies, including temporary rental and mortgage
32 payment subsidies to prevent homelessness;
33 (h) Mortgage insurance guarantee or payments for eligible projects;
34 (i) Down payment or closing cost assistance for eligible first-time
35 home buyers;
36 (j) Acquisition of housing units for the purpose of preservation as
37 low-income or very low-income housing; and
38 (k) Projects making housing more accessible to families with
39 members who have disabilities.
SHB 2060.PL p. 6
1 (3) Legislative appropriations from capital bond proceeds may be
2 used only for the costs of projects authorized under subsection (2) (a) ,
3 (i), and (j) of this section, and not for the administrative costs of
4 the department.
5 (4) Moneys from repayment of loans from appropriations from capital
6 bond proceeds may be used for all activities necessary for the proper
7 functioning of the housing assistance program except for activities
8 authorized under subsection (2)(b) and (c) of this section.
9 (5) Administrative costs of the department shall not exceed four
10 percent of the annual funds available for the housing assistance
11 program.
p. 7 SHB 2060.PL
July 31, 2003
Board of County Commissioners
County of Jefferson
P.O. Box 1220
Port Townsend, WA 98368
Mayor and City Council
City of Port Townsend
Waterman and Katz Building
Port Townsend, WA 98368
Dear Commissioners and Council Members:
P.O. Box 1540 24 Seton Road Port Townsend, WA 98368
Telephone (360) 385-2571 Fax (360) 385-5185
E-mail action@olycap.org
Last year, the Washington State Legislature adopted (and the Governor has signed into
law) what has commonly been known as SHB 2060 (enclosed). As you may know, this
legislation directs counties to impose a $10 surcharge on fees for recording of real
property documents, the end purpose of which is to dedicate these funds to housing
programs for "extremely low-income and very low-income" persons.
Of the funds collected in this manner, the county may retain 5 percent to cover its
administrative expenses; of the remaining funds, 40 percent is to be deposited into the
Washington Housing Trust Account and the remaining 60 percent must be used for "very
low-income" housing projects within the home county.
Washington's community action agencies worked hard for the adoption of this legislation
and I am pleased to submit this proposal for consideration by Jefferson County and the
City of Port Townsend.
Olympic Community Action Programs (OlyCAP) is in its 36th year of serving the low-
income population of Jefferson and Clallam counties. Among our programs in Jefferson
County are our 8 -cottage homeless shelter (Haines Street), 18 apartments of transitional
housing (Northwest Passage Apartments on Thomas Street), and another 10 -bed
transitional housing program in Quilcene for those who have completed chemical
dependency treatment. Last December, we assumed ownership of another 8 -unit
apartment building and two multi -occupant group facilities for disabled persons.
"Helping people to help themselves...
It is perhaps relevant to note that in addition to our official status as a Community Action
Agency (CAA) under federal and state law, we are also separately designated a
Community Housing Development Organization (CHDO) by the Department of Housing
and Urban Development. In addition, we are also the lead agency for the county's
Continuum of Care process for addressing homelessness and affordable housing.
As you are well aware, we have received funding from the Washington Housing Trust
Fund the federal Department of Housing and Urban Development and the Federal Home
Loan Bank for financing of 15 units of senior housing in Port Hadlock. That project is
under way and we hope to have it complete and occupied shortly after the end of this
year.
Since the early 1980s, OlyCAP (or CJCAC as it was then known) has sponsored
continuous home weatherization and home rehabilitation projects in Port Townsend and
throughout Jefferson County, including the difficult -to -serve areas of West Jefferson
County. We are the current sponsors of another housing rehabilitation program in
Jefferson County funded through the Community Development Block Grant Program.
In addition to these services, OlyCAP annually spends many thousands of dollars on rent
and mortgage assistance vouchers to families in crisis.
In its opening observations, this SHB 2060 declares, "The legislature recognizes housing
affordability has become a significant problem for a large portion of society in many
parts of Washington State in recent years... Additional funding resources are needed for
building operation and maintenance activities for housing project affordable to extremely
low-income people. Affordable rents for extremely low-income people are not sufficient
to cover the cost of building operations and maintenance. In addition, resources are
needed at the local level to assist in development and preservation of affordable low-
income housing to address critical local housing needs."
Of course the act then proceeds to define the specifics of administration, noting, in part,
that funds may be used for rental assistance vouchers, development of affordable housing
for persons" ... at or below fifty percent of the area median income ... " and to support
"... operating costs for emergency shelters."
OlyCAP is proud of its work over these past 36 years, but the job is not finished.
Emergency shelter needs and transitional and permanent housing needs continue to grow.
Although we have historically had access to a blend of federal and state funding for
housing purposes—including federal McKinney Grants funds, state Emergency Shelter
Assistance Program (ESAP) funds, Emergency Shelter Grant Program (ESGP) funds,
state Housing Trust Fund resources, federal Community Development Block Grant funds
and federal Emergency Food and Shelter Program funds (FEMA) — each of these
resources is either in the process of being reduced or requires significant local matching
funds. SHB 2060 is our State's attempt to address this need. Across the State counties
are entering into agreements with community action agencies to administer these funds.
For your consideration, I have attached a copy of a suggested agreement between the
County of Jefferson and its community action agency, OlyCAP. This suggested
agreement is patterned after an agreement between Whitman County and its Community
Action Center. Our intent is to use these funds to expand affordable housing options in
Jefferson County.
In a significant departure from the Whitman County model, however, we propose to
guarantee that not less than 10% of these funds will be made available annually to other
not-for-profit housing sponsors within Jefferson County.
OlyCAP appreciates its long-standing partnerships with Jefferson County. We take our
mission and our statutory responsibilities seriously and we believe that immediate
implementation of this new act is in the best interests of the entire county. As always, we
stand ready to discuss this with you, to provide further information, or to otherwise
respond to your questions.
Sincerely yours,
/s/T. Dan Wollam
T. Dan Wollam
Executive Director
/s/Judi Morris
Judi Morris
Board Chair
Enclosures
CONTRACT REVIEW FORM
CONTRACT WITH: The City of Port Townsend and Olympic Community Action Programs
(Contractor)
CONTRACT FOR: Administering surcharge funds generated from SHB 2060 TERM:
"UrI11111 1A
Revenue:
Expenditure:
Matching Funds Required:
Source(s) of Matching Funds:
n/a
PROCESS: Exempt from Bid Process
Consultant Selection Process
Cooperative Purchase
Competitive Sealed Bid
Small Works Roster
Vendor List Bid
RFP or RFQ
Step 1: REVIEW BY RISK NT
Review by:
Date Reviewed:
APPROVED FORM Returned for revision (See comments)
(o:ents:
Step 2: REVIEW BY PROSECUTING
Review by: � `Y�/A f -E Z.
Date Reviewed: 10 I 1A 2
APPROVED AS TO FORM
ts: t -n NT CA r -r Lcsz�
IV
Returned for revision (See comments)
�jT -TDP,-iC 1 S ,lei ()
\,,j�WT -ft%oj� -SAFPC-PsaN CTH mibVS)�C,'
Step 3: DEPARTMENT MAKES REVISIONS j l
Have contractor sign appropriate number of originals.
Step 4: SUBMIT TO PROSECUTING ATTORNEY FOR Fi AL SIGN OFF
Step 5: SUBMIT TO BOCC FOR APPROVAL
Submit originals and 8 copies of Contract, Review Form, and Agenda Request to BOCC Office.
Place "Sign Here" markers on all places the BOCC needs to sign.
MUST be submitted to BOCC Office by 5 p.m. TUESDAY for the following Monday's agenda.
(This form to stay with contract throughout the contract review process.)