PROGRAMMATIC AGREEMENT
BETWEEN THE CITY OF PORTLAND
THE ADVISORY COUNCIL ON HISTORIC PRESERVATION
AND THE OREGON STATE HISTORIC PRESERVATION OFFICER
REGRADING HISTORIC PROPERTIES AFFECTED BY USE OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS FOR THE POLICE LOCKS, AND SENIOR HOME REPAIRS
WHEREAS, the City of Portland, Oregon (City) proposes to administer and fund Police Locks and Senior Home Repairs with funds from the Community Development Block Grant (CDBG) of the Department of Housing and Urban Development (HUD) under Title I of the Housing and Community Development Act of 1974;
WHEREAS, the City of Portland has determined that the administration and funding of these programs and projects may have an effect on properties included in or eligible for inclusion in the National Register of Historic Places (Historic Properties) and has consulted with the Oregon State Historic Preservation Officer (SHPO) and the Advisory Council on Historic Preservation (Council) pursuant to 36 CFR §800.13 of the regulations implementing Section 106 of the National Historic Preservation Act (16 U.S.C. §470f),
NOW, THEREFORE, the City the SHPO and the Council agree that the programs shall be administered in accordance with the following stipulation to satisfy the City’s Section 106 responsibilities for all individual undertaking of the programs.
Stipulations
The City shall ensure that the following measures are carried out:
I. APPLICABILITY OF AGREEMENT
The City shall comply with stipulation set forth in this ARGEEMENT for all projects in the City of Portland funded entirely or partly with Community Development Block Grant funds under Police Locks, and Senior Home Repairs programs. The review established by this Agreement shall be completed prior to the City’s final approval of any application for assistance under these programs, and prior to the City or the property owner altering the property, and prior to the City or the property owner commitment for construction that may effect a property that is fifty years of age or older. Any program or project that dose not qualify for review under the terms of this Agreement shall be reviewed in accordance with the procedures set forth in 36 CFR Part 800.
II. PROJECT NOT REQUIRING REVIEW BY SHPO OR THE COUNCIL
1. Project activities not requiring review by the SHPO or the Council are enumerated in Attachment “A”
2. Projects affecting only properties that are less than fifty years of age do not require review pursuant to the terms of this Agreement.
III. IDENTIFICATION OF HISTORIC PROPERTIES
For the purpose of Section 106 compliance for the Police Locks and Senior Home Repair programs, the City may treat any residential structure that may be affected by these programs and is fifty years of age or older as eligible for inclusion in the National Register. The City may, at its discretion, develop individual determinations of eligibility for any property that will be affected by these program by submitting the documentation required pursuant to 36 CFR §800.4 and consulting with the SHPO to determine if the properties meets any of the National Register Criteria, 36 CFR § 60.4:
A. If the SHPO agrees with the City that a property is eligible under the criteria, the property shall be considered eligible for the National Register for the purpose of this Agreement, and shall hereinafter be referred to as a Historic Property. The City and SHPO shall continue consultation in accordance with the terms of this Agreement for all such properties.
B. If the SHPO agrees with the City that the criteria are not met, the property shall be considered ineligible for the National Register and require no further review under this Agreement.
C. If the SHPO disagrees with the City’s determination regarding eligibility, the City shall consult further with the SHPO to reach agreement. If agreement cannot be reached or if the Council requests, the City shall obtain a determination from the Secretary of the Interior pursuant to the applicable National Park Services regulations, 36 CFR Part 63.
IV. ASSESSMENT OF EFFECTS
Prior to undertaking any activities that are not exempt under Stipulation II, the City shall provide SHPO with a description of the project, including the preliminary work write-up or list of proposed improvements. The City shall apply the Criteria or Effect and Adverse Effect, 36 CFR §800.9, to any Historic Property that may be affected by a project, and will review the scope of work to determine if the project conforms to recommended approaches contained in the Secretary of the Interior’s Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings, (Standards).
A. If the City determines that an undertaking will have no effect, the City shall notify the SHPO in writing of this finding, If SPHO does not object in writing to this notice within fifteen days, the undertaking may proceed as submitted without further review.
B. If the City determines that a project conforms to the Standards, the City shall notify the SHPO in writing of this finding. If the SHPO does not object in writing to determination within 30 days, the undertaking will be considered to not adversely affect Historic Properties, and may proceed as submitted without further review.
C. If the City or the SHPO finds that a project does not conform to the Standard, the project will be considered to adversely affect Historic Properties. The SHPO may recommend modifications to the scope of work or conditions under which the project would be found to conform to the Standards in its response to the City. The City shall consult further with the SHPO to seek ways to avoid, minimize, or mitigate the adverse effect. If all adverse effects cannot be avoided, the City shall consult with SHPO and Council in accordance with 36 CFR § 800.5 (e).
V. SHPO RESPONSIBILITIES
The SHPO is permitted thirty (30) calendar days, except for reviews conducted under Stipulation IV. (A) above, after the receipt of any submitted documentation to review and comment on such material. If the SHPO does not provide comments within this time period, the City may assume that the SHPO concurs with its determination.
VI. REPORTING
If requested by the SHPO, the City shall forward an annual report by September 30th, of each grant year for all projects covered by the terms of this PA to the SHPO and Council. This report will provide a synopsis of completed grant project and include addresses of rehabilitated properties that received more than two thousand dollars ($4000) of assistance under these programs.
VII. MONITORING
The SHPO and the Council may monitor any activities carried out pursuant to this Agreement, and the Council will review such activity if so requested. The City will cooperate with the SHPO and Council in carrying out these monitoring and review responsibilities.
VIII. DISPUTE RESOLUTION
If the City and the SHPO are unable to resolve any disagreement arising under the provisions of this Agreement, the City shall, unless the dispute relates to the National Register eligibility of any property, forward full documentation regarding the project, the basis for the dispute, and initiate consultation with the Council in accordance with 36 CFR § 800.5 (e).
IX. CITY STAFFING
The City will assign staff to assure that rehabilitation work is carried out in accordance with the work descriptions provided to the SHPO for review in determining effect, including any project modifications recommended by SHPO which were accepted by the City. Such staff will also monitor projects limited to work items enumerated in Attachment “A” which is exempted from review by the SHPO to assure that only qualifying work items are performed. Responsible staff will maintain records for each project which document compliance with the terms of this Agreement.
X. AMENDEMENTS
Any party to this Agreement may request that it be amended whereupon the parties will consult in accordance with 36 CFR § 800.13 to consider such amendment. No amendment to this Agreement will become effective without the written concurrence of all the parties.
XI. TERMINATION
A. This agreement shall terminate July 1, 2015. The City may request an extension of the termination date by consulting with the SHPO and the Council modify this term through a written agreement, executed by all parties to this agreement.
B. Prior to the termination date, any party to this Agreement may request may terminate it by providing thirty (30) days notice to the other parties, provided that the parties will consult during the period prior to the termination to seek agreement on amendments or other actions that would avoid termination. In the event of termination, the City will comply with 36 CFR §§ 800.4 – 800.6 with respect to individual undertakings covered by this Agreement.
XII.
FAILURE TO COMPLY WITH TERMS OF AGREEMENT
In the event the City cannot carry out the terms of this Agreement, it shall not take or sanction any action or make any irreversible commitment that would result in an adverse effect to historic properties or would foreclose the Council’s considerations of modifications or alternatives to the undertaking, and the City will comply with 36 CFR §§ 800.4 – 800.6 with regard to each individual undertaking covered by this Agreement.
EXECUTION AND IMPLEMENTATION of this Programmatic Agreement evidences that the City of Portland, Oregon, has affordable the Council a reasonable opportunity to comment on these programs and that City has taken into account the effects of the programs on historic properties.
THE CITY OF PORTLAND, OREGON
By:___________________________________________ Date:_________________
Will White, Director
Bureau of Housing and Community Development
OREGON STATE HISTORIC PRESERVATION OFFICER
By:___________________________________________ Date:__________________
State Historic Preservation Officer
ADVISORY COUNCIL ON HISTORIC PERSERVATION
By:__________________________________________ Date:___________________
Executive Director
ATTACHMENT “A”
To City of Portland. Oregon
Programmatic Agreement for Police Locks, Senior Home Repair, Add-A-Bar
PROJECT ACTIVITIES NOT REQUIRING REVIEW:
POLICE LOCKS
1. Installation of smoke detectors;
2. Installation of security systems including:
a. window pinning of sash windows
b. deadbolts
c. viewers
d. security screening
3. Repair door entry sets and hinge on all exterior doors, if possible, otherwise, replace; and
4. Repair doors damaged by force entry. Repair doors and jams if necessary, for deadbolt installation.
SENIOR HOME REPAIR AND MAINTENANCE PROGRAM
1. Installation of smoke detectors;
2. Bathroom repairs and installation of hand-held showers, raised toilet seats and grab bars;
3. Plumbing repair or replacement;
4. Replacement or repair of electrical wiring, or the replacement of non-original fixtures;
5. Floor refinishing;
6. Repair or replacement of floors when work is done in-kind to exactly match existing materials and form;
7. Repainting of existing painted surfaces if destructive surface preparation treatments, including , but not limited to waterblasting, sandblasting and chemical removal are not used;
8. Installation of security devices, including windows pining and window and door locks and deadbolts, providing that no significant architectural feature is removed. Security bars are allowable on basement windows, and the installation of lexon on windows of non-public facades is permitted;
9. Installation and repair of handrails and guardrails to meet City Code if not attached to architecturally significant detailing and redesigned in such a way that they do not detract from the character of the structure;
10. Installation of mechanical equipment which does not affect the exterior of the building or require installation of new duct work throughout the interior;
11. Repair or partial replacement of porches, cornices, exterior siding, doors, balustrades, stairs or other trim when the repair or replacement is done in-kind to closely match existing material and form.
12. Repair or replacement of gutters;
13. Installation of wheelchair ramps meeting City Code as long as ramps can be easily removed when no longer needed and are not permanently affixed to the house. Stairs and railing may not be removed to construct a ramp;
14. Replacement of window panes in-kind or with double or triple glazing so long as glazing is clear and untinted and replacement does not alter the existing window material and form.
15. Caulking and weather-stripping with compatibly colored materials; and
16. Roof repair or replacement with materials which closely match the existing material and form.
17. Repair of deteriorated or damage doors and windows. The City will allow the contractor to replace the entire sash unless the City approves;
18. Repair or replacement of deteriorated interior walls, ceilings, or stairs;
19. Repair or replacement of floor coverings in kitchens and baths and carpeting throughout the remaining interior spaces, and painting or refinishing of wood and concrete floors;
20. Rehabilitation of kitchens and baths if there are not structural changes that affect other parts of the structure; and
21. Floor and ceiling (attic) batt insulation, if installed from the interior; blown-in attic, if properly vented; roof vents if not located on a primary elevation, foundation vents, if painted or finished to match the existing foundation material.
22. Exterior painting, unless the property is subject to review by the SHPO under ORS 358.475.565, Classification of Historic Properties, or Portland Historical Landmarks Commission under Section 33.120.080 of the City Code, Exterior Remodeling or New Structures.
23. Roof drain systems
24. Sewer line, water line, and drain connections.
25. Masonry repairs including repointing, and rebuilding chimneys if the joints are done by hand and the mortar matched as to original composition. Mixtures should not contain more than 20 percent (20%) Portland cement. Saws are not acceptable method of removing deteriorated mortar.
26. Cleaning of exterior masonry if performed at no more than 600-psig with mild detergent, and otherwise meets the Secretary of Interior Standards.
27. Repair or restoration of exterior retaining walls and exterior stairs.