The St. Joseph County commissioners on Tuesday will seek county council approval to sell the former Portage Manor property. There’s some uncertainty over which branch of government has final authority over the process.
Council President Bryan Tanner says the commissioners have given the council a resolution seeking their approval to sell the 100-plus acre former county home site, but not to approve the buyers of each of its four parcels.
Tanner says he’s checking with council attorney Clint Zalas on whether the council must also approve buyers, since state law requires the council to approve the sale of any property worth more than $50,000.
He said he believes what the commissioners have proposed is legal but he needs to clarify that it is only for supporting their pursuit of a public request-for-proposals process, and not also undermining the council’s duties.
”The legislative and fiscal body has the authority and the responsibility to make that approval, and I just want to make sure that us approving this resolution does not forgo that final say.”
At an April 28 public hearing before commissioners, many residents urged the county to save the land for public use rather than selling it off to for-profit developers.
“In particular I think the forested ravine area should be preserved, protected for continued public access to it," Tanner says. "It’s a tremendous environmental and historical resource to our community. And the same thing applies to the primary Portage Manor building and its immediate surrounding property, having cultural and historical significance.”
Tanner says he doesn’t feel as strongly about what should be done with the open space, farmed for decades, that fronts the Toll Road and stretches over to Chet Waggoner Little League and the county garage on Riverside Drive.
“If it’s going to be sold in some way, shape or form to a private entity, then I want to ensure that the council retains its authority to determine if that’s the appropriate and in the best interests of the community. We’ve got nine members on the council who surely have their own opinions on that and would like to exercise that statutory authority over that final say.”
