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Sandusky commission approves consent for Battery Park sublease amid public concern over easements and financing
Summary
After public commenters pressed for fuller review, the commission moved a Battery Park ground sublease from the consent agenda to the regular agenda, discussed port authority involvement and a perpetual access easement, and adopted an ordinance consenting to a sublease; residents urged more transparency and questioned the Marus developer's financing history.
The Sandusky City Commission on April 27 voted to authorize the city manager to consent to a ground sublease relating to Battery Park and the Battery Park Marina property, after moving the item off the consent calendar for fuller discussion.
City Manager Orzech told commissioners the Port Authority is being used as a financing vehicle and that the consent does not transfer city property ownership. He said the perpetual easement being considered would provide access across a portion of the Meg Street corridor and would not allow the developer to build on city-controlled parcels. Orzech described the perpetual easement as an access agreement and said temporary easements would be used elsewhere to maintain utilities and construction access during demolition and remediation work.
Residents and speakers urged more review. Chris Wedel asked commissioners to remove several items from consent, arguing that the way item B was written could be interpreted to allow the TIF Review Committee to continue or renew TIFs without bringing the matter back to the full commission; he also criticized the Marus developer's six-year failure to secure financing for Battery Park and questioned whether the public is being asked to enable an end run around normal financing. Tom LaMark and Kevin Schwanger urged the commission to use CDBG or other funds for park amenities and pressed for clarity about the proposed permanent easement that would take roughly 0.69 acres from the pavilion parcel.
Commissioners and staff said the port authority's involvement is routine for projects that require financing or sales-tax advantages; one commissioner noted a common sales-tax exemption on materials when the Port Authority is in the financing chain. Law Director confirmed the tax and TIF matters were handled in separate legislation and that consenting to the sublease was not itself a TIF decision.
Commissioner Waddington moved adoption of the ordinance under suspension of the rules and it received a second; the ordinance was adopted by roll call. The ordinance directs the city manager to execute the required consent agreement and declares the measure to take immediate effect.
Next steps: staff said the permanent and temporary easements are the steps necessary to implement the Battery Park project, that city parcels will remain in city ownership, and that more planning for adjacent pathways and park improvements will be conducted in the coming year.
Quotes: "They're not building on any of our parcels ... it's just to allow them access and an easement across our parcel," City Manager Orzech said in response to questions about land conveyance.
"A firm that has not been able in six years to successfully pull off the development of Battery Park should not be given any more land," Chris Wedel told the commission during public comment.
Outcome: The ordinance consenting to the ground sublease passed. Staff said no city property fee title would be transferred and that the Port Authority would have no development authority beyond financing and the paperwork needed to access funds.
