Finance committee reviews five-year agreement with State Historic Preservation Office to streamline Section 106 reviews

City staff presented a five-year programmatic agreement between the City of Medina, the State Historic Preservation Office (SHPO), and the Medina County Historical Society that would formalize how the city complies with Section 106 of the National Historic Preservation Act when federal funds are used on city projects.

Staff said signing the agreement would streamline the consultation process required under Section 106 for federally funded projects — such as certain Community Development Block Grant (CDBG) or HOME-funded work — and would exempt the city from case-by-case consultations for activities enumerated in the agreement’s appendix where conditions are met. The agreement does not apply to private projects that do not use federal funds.

Councilmember Rose raised concerns about language referencing 36 CFR part 800 (the Code of Federal Regulations implementing Section 106) and whether recent amendments might change obligations; he said that multiple web links can obscure what regulations actually require. Staff and counsel responded that the city is subject to Section 106 whether or not it signs the programmatic agreement, and that failing to sign would require formal state consultation for every applicable project and could complicate or delay grant-funded work and grant eligibility. Staff noted recent local projects (Porter’s Shoes demolition, Tots House demolition at the airport, and an addition to the community center workout room) were processed through SHPO reviews and approved.

Members acknowledged the administrative burden of federal grant requirements but said that in the city’s experience the applicable CFR provisions have not been unduly onerous. After discussion, council moved and approved the programmatic agreement; no dissenting votes were recorded.