File #: ID 19-0695    Version: 1 Name:
Type: Resolution Status: Passed
File created: 9/24/2019 In control: City Council
On agenda: 10/15/2019 Final action: 10/15/2019
Title: Resolution Authorizing the Director of Field Operations To Have Signing Authority for Environmental Deed Restrictions and Brownfield Agreements
Attachments: 1. 19-0695 Resolution.pdf
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Title
Resolution Authorizing the Director of Field Operations To Have Signing Authority for Environmental Deed Restrictions and Brownfield Agreements

Body

Council Priority: Ensure Fiscal Stewardship, Transparency, & Accountability

Department: Field Operations
Council District: All

Public Hearing: N/A
Advertising Date/By: N/A

Contact 1 and Phone: Dale Wyrick, 336-373-2783
Contact 2 and Phone: Chris Marriott, 336-373-7612

PURPOSE:
City Council to allow the Director of Field Operations (or his designee) to have "signing authority" for environmental deed restrictions and Brownfield Agreements in lieu of City Council and the City Manager's Office. Typically, these types of environmental deed restrictions and/or Brownfield Agreements (BFAs) are viewed as an encumbrance on properties with environmental concerns that would impact the value of the property or restrict its potential development. This perception of encumbrance on properties is why environmental agreements currently require City Council approval and a signature from the City Manager's Office.

BACKGROUND:
The uses for environmentally impacted property are inherently restricted due to the contamination/impacts on the property, so one should view the deed restriction as a formalization of the property's developmental limitations. The reality is that these agreements/restrictions on the property merely codify the existing environmental limitations on the property with respect to the identified environmental conditions. These agreements/restrictions also provide the City with some financial relief in the form of reduced or eliminated monitoring, sampling and reporting activities. In the case of Brownfield Agreements they even provide environmental liability protection.
This request is specific to two types of environmental agreements; the environmental deed restriction and the BFA.
* An environmental deed restriction is requested either by the responsible party or suggested by the NCDEQ once a site...

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