PACKET: BoCC Special Meeting - Caswell-Brown at Fri, Aug 26, 09:00 AM

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Lease Agreement for Caswell-Brown Village Site with OlyCAP

Topic Summary

The Jefferson County Board of Commissioners approved a 42-year lease agreement with Olympic Community Action Programs (OlyCAP) for the Caswell-Brown Village site. This lease allows OlyCAP to develop and operate facilities serving the unhoused population, including Phase 3 planning, which requires secure tenure to apply for a Washington State Department of Commerce grant. The lease terms were finalized following recent revisions involving County Public Works regarding property boundaries, parking, and trail alignment along the Larry Scott Trail.

Key Points

  • In September 2021, the County and OlyCAP entered into a Professional Services Agreement (PSA) for OlyCAP to manage properties acquired to relocate the unhoused population from the County Fairgrounds.
  • OlyCAP has conducted Phase 1 (emergency site) and Phase 2 (longer-term solution) under the PSA, with a Phase 3 planned.
  • The 42-year lease term is necessary for OlyCAP to secure a grant from the Washington State Department of Commerce for funding to construct Phase 3, which requires control of the site for at least 40 years.
  • The Leased Premises consist of approximately 21.81 acres of unoccupied land southeast of the intersection of S.R. 20 and Mill Road.
  • Permitted Uses of the Leased Premises include developing or operating facilities for emergency shelter, transitional housing, and permanent supportive housing for Unhoused Persons, encompassing shelter, utilities, security, parking, and sanitary/kitchen/community facilities.
  • Modifications incorporated into the finalized lease include:
    • Moving the Leased Premises boundary line 5 feet inward from the Larry Scott Trail right-of-way to facilitate trail work and add a buffer.
    • Removing a proposed parking lot (designed by Public Works) from the Leased Premises, noting that the lot "would jut in a bit into the area just below the Larry Scott Trail."
    • Integrating design changes performed by Public Works to modify sharp corners on the Larry Scott Trail, with the Leased Premises adjusted to reflect these changes (e.g., changes to turning radii shown on Exhibit 2).
    • Modification of the lease to grant the County "reasonable access to the adjoining and nearby properties owned by the County" (Parcel Nos. 001162002, 001162003, 001162004, 001162015, and 001161001) from the entrance on Mill Road.
  • OlyCAP must comply with all Jefferson County Code requirements and obtain all required permits prior to conducting activities or constructing improvements on the Leased Premises.
  • Commissioner Dean expressed concern about the proposed route on the Larry Scott Trail, worrying that "removing the sharp curves that allow traffic to slow down before the intersection" may inhibit traffic calming.

Financials

  • Base Rent: Annual base rent of ten dollars ($10.00).
  • Additional Rent: OlyCAP must pay as Additional Rent any amount the County must pay for assessments, fees, or taxes arising from ownership of the Property, including fire protection and noxious weed assessments.
  • Fiscal Impact: The fiscal impact is generally "unknown." Entering the lease means the County will effectively lose the rental or development value of the leased premises for 40 years, but the expected gain is "a location to shelter the unhoused."
  • Late Payment Charge: $1.00 if the Base Rent is not paid by the October 1st due date.

Alternatives

  • The initial proposal discussed during an August 1, 2022 workshop entertained a lease for at least 40 years with an option to purchase for ten (10) years.
  • The BoCC directed staff on August 1, 2022, to present a lease document without a lease purchase option. The approved lease does not contain an option to purchase.

Community Input

  • One public comment was received and discussed by the Commissioners during the meeting.
  • MM (identified as Mark McCauley, County Administrator, in the documents) suggested adding signage to advise of turns.

Timeline

  • 2021-09-10: Jefferson County and OlyCAP entered into a Professional Services Agreement (Management Agreement).
  • 2022-08-01: BoCC workshop directed staff to present a lease document without an option to purchase.
  • 2022-08-22: Workshop discussion held; special meeting for August 26, 2022, was scheduled.
  • 2022-08-26: Special meeting held; lease approved.
  • End of August 2022: Deadline requested by OlyCAP for lease finalization and approval for their Department of Commerce grant application.
  • 42 years after Effective Date: Termination of the Lease (Section 8).

Next Steps

Commissioner Brotherton moved to approve the lease with OlyCAP as presented with the incorporated amendments. The motion carried by a unanimous vote. The next steps are the formal execution of the lease (making the date of the last signature the Effective Date) and OlyCAP proceeding with its grant application process. Staff expects Public Works and OlyCAP to work out the location details for the County's reasonable access to adjoining properties.

Sources

  • Mark McCauley - County Administrator
  • Philip Hunsucker - Chief Civil Deputy Attorney (DPA)
  • John Fleming - Public Works Engineer (for maps/drawings)
  • Kate Dean - Commissioner, District 1
  • Heidi Eisenhour - Commissioner, District 2 (Chair)
  • Greg Brotherton - Commissioner, District 3
  • Olympic Community Action Programs (OlyCAP) - Lessee
  • Washington State Department of Commerce (Grant funding source)
  • RCW 36.70A.030(19) - Washington State definition of homeless person/Permanent supportive housing
  • 42 U.S. Code ยง 11302 - Federal definition of homeless person
  • RCW 59.18 - Rights and responsibilities for Permanent supportive housing
  • Chapter 48.62 RCW - Risk Pool coverage for County
  • Chapter 42.56 RCW - Washington Public Records Act
  • RCW 4.24.115 - Indemnification statute reference
  • Title 51 RCW - Industrial Insurance (for waiver of immunity)
  • Jefferson County Code (JCC) 8.70, 19.10.015(36), 6.07, 6.07.020(22), 18.30

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