Port Authority Questions and Considerations

Submitted by Susan Miller on Tue, 01/13/2009 - 16:32.

port container shipping area distribution

The envisioned business area for our envisioned 200 acre port facility at East 55th Street in the inner harbor (in the Innercity Yacht Club and marina to be exact).

Rose de Leon reported on some legislation being considered per this Short Sea Shipping plan. (attached cgi file opens as pdf) A synopsis of that hearing on Harbor Maintenance Tax and Short Sea Shipping (intermodal) issues.

Other stuff on the verge in the Great Lakes: unlocking a lock in Sault Ste. Marie Michigan.

Other stuff going on in shipping trade: China feeling the pinch, China wondering if global trade will resume, downturn sails into Savannah

How will this affect all our big plans - maritime committee members want to know. Maritime Operations Director, Stephen Pfeiffer went on and on about the container shipping business, but board member, Anthony Moore grilled him (to the point where he needs to rush out to a Toastmaster's meeting to brush up on his speaking skills). Moore said, in effect, we don't need to hear your sales pitch, we need to hear what the challenges will be. Board members Moore and Robert Smith had questions about the ports big plans amid the current economic freefall. They did not ask for assurances though Pfeiffer and Port top dog, Wasserman continued for sometime with their rosy picture (which had no real teeth) in a friendly but ultimately defensive posture. Clearly Moore was digging for the "teeth". Finally Wasserman said point taken. Smith then added a statement about a "different economy" on the horizon and the need to have certain measures that they could consider as milestones in the planning are reached and passed. So much of this like the port's recent finance meeting - business as speculation. Moore mentioned the NYTimes article on Savannah's port operations being down. Wasserman and Pfeiffer had not seen it. Challeneged again and again by Moore, finally Wasserman admitted that Moore's point was taken.

Questions remain... how much will taxpayers pay for this and what is the return on investment or is it just another outlay? Is it an outlay? Whose taxes pay for this? What will "THIS" cost? I guess we'll find out now that the Hauser Ammendment is passed.

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intercity

Its not going in the Intercity Yacht Club

you're right

It is not going "in" the Intercity, Yacht Club. It's ships will go "by" the Intercity and dock at the East 55th Street Marina. They will also go "by" Dike 14 and Gordon Park - what remains of it.

I am not sure how boaters and yacht clubbers feel about this issue. Perhaps you will let us know. It just seems to me that instead of gaining access to the lakefront, we are making more of it inaccessible to the public. Granted, lakefront parks open to the public do not include clubs or marinas which require membership. Burke Lakefront takes up an inordinate amount of our lakefront and private properties have chainlinked off the rest of it. So being able to walk to the water's edge at will, without a host or a guide or a key is a rare experience in Cleveland. 

Once there was a lakefront plan. Many people I am told gave their input to that process. For what? To what end? So that it might be scrapped for the Port's new plan? Did we not spend hours discussing and meeting about the Innerbelt and bridge planning only to have "ohmigod!!! just build a bridge any bridge anywhere you want" last minute panic planning?

We have good planners here, but I wonder if their skills are really being utilized. Their participation in some projects has been so opaque as to have been nonexistent. In other words, someone may have asked them for their suggestions and if their suggestions did not align with the desires of the powers that be, they were excused from the process. 

I am sure it is a struggle to find the right mix of uses for the lakefront and I am no planner, but I wonder still; what do the folks at Intercity and 55th Street Marina and Dike 14 think now that the port plan has come to their side of the inner harbor? Further, I wonder just how much port we need here in Cleveland. Acres of current port land sit underutilized. The plan for better using them for the next 15 years seems to be the addition of some metal buildings that can be used by manufacturers. I just don't get the idea that an underperforming business should geta big outlay of tax dollars when the time comes. And I don't get that a long time in coming lakefront plan can be shelved just like that. The lakefront plan may have had its flaws, but at least its process was open. This port relocation and expansion is just being plunked down - like it or lump it. 

I like the idea of moving cargo by water - that pulls at me whenever I listen to this Short Sea Shipping idea. I want to better understand though why that shipping needs to come and go from Cleveland's lakefront and not another piece of Lake Erie Shoreline.

I don't really "get" port authorities. They seem to have a lot of authority. I am watching and listening and trying to understand, but it has not become clear to me yet. You? Please share your views and insight here so that I can learn from your perspective. Since you have chosen "hawk" as your online moniker, you must have a keen eye.

port

Okay I have attented some of these meetings and the late Ed was there also,First there is no guarantee they are going to get the bussiness they are telling you,they are hoping,Second the big freighters are not coming in,they hope to have feeder ships go out around the locks and bring the loads in. Most people who are not close to this project thinks its a great thing. This port will be a monster---forget about seeing stars like you were seeing because the port will so bright it will kill the view. Than they are creating this International Trading Zone from E 18th street to MLK drive,from the lake to Superior. You are right how does the public get to the lake---its not because of the clubs or marina. The freeway is what stopping the public from directly getting to the lake---at one time they were going to change that by closing that part of I 90 another dream. If the port was trying to help the public why are they planning to deveople the old port when they move into more high dollar condoes do you think you are going to walk thru them?  I can go on but thats enought for now. P.S Watch em like a Hawk

   January 14,

 This is a letter that I sent to Chris Garland at Tremont West today.  For some reason when I copy it on NEO it will not show thae actual lettter form.  I also e-mailed this letter to Cleveland Foundation, Village Corporation Daryl Rush, Neighborhood Progress, Org., among others. 
  January 14, 2009
Chris Garland, Executive Director
Tremont West Development Director

2406 Professor Avenue
Cleveland, Ohio 44113

In Re:  Tremont West Development Corp
           Active Membership Count
Dear Mr. Garland:
As you are aware, at the Board of Director's meeting on January 13, 2009, an oral request was made by board candidate Guy T. Black and myself as to the TWDC active membership count.  As you are also aware, not one of the current board members present, President Tom Cook, nor yourself could provide the tabulation.
What I, as a Tremont West Development Corp. member, find most disturbing is that out of fifteen (15) board trustees and ten (10) salaried staff members of this community organization, is that two weeks prior to the annual meeting and election of new board members, which is Jan. 29, 2009, no one knows the count of the active membership.
To my dismay, I looked around the room and seated at the meeting table I saw a number of professional individuals, including a magistrate (finance manager), lawyer, bank ex-employee, scientists, gardener extraordinaire and others not to mention the Executive Director of TWDC.  The vision that played across my mind was that these are the same  people who are in control of how many hundreds of thousands of dollars, these are the same people who make suggestions and vote on how federal funds, block and grant monies are spent, and these are the same people who want to take over and manage large numbers of properties outside this area, and yet, they can't tell you a simple thing like how many members are in their own organization?
The explaination given and the matter passed off as of no consequence making an assurance that the calculations would be done by the ballot casting time is not acceptable.  It is an important and reasonable question, not only to me and other members, but more so to the slated candidates. 
I am making this a formal request and would appreciate the number of active members of Tremont West Development Corp., no later than 4:00 P.M., Friday, January 16, 2009.
Thank you for your anticipated attention to this matter.
Sincerely,
Jerleen Justus
JJ
cc:  Tom Cook, Sandy Smith, Lynn Murray, Sandy Yambor, Jeff Chiplis, Herb Crowther, Amo Judd, Aaron LeMieux, David Mehring, Karen Moss, Scott Nagy, David, Purpera, Renee, Richardson, Becca Riker, Megan Hundt, Tim Jenkins:
Chuck Hoven, Plain Press, Dan Harkins, Scene,
Christopher Alvarado, Jason Beudert, Katherine Bulava, Guy Templeton Black, Deane Malaker, Eric Russ

GOOD LETTER - ask for membership names too

The  number of active members is not all that you deserve to know.  You also need to know the names and addresses of the members.  The membership information has to be public - or else there would be no way for any candidate to address the individual members in an effort to obtain support for a board candidacy or other  TWDC effort.  

 

If you were told that “privacy concerns” preclude your being provided a list of names and addresses, that is not the law.   Have them show you the law that supports their “privacy” claim.  And file a Freedom of Information request for the membership list.

This is a response to a

This is a response to a request I made for the membership list on December 2 (botton )
as as you can clearly see PRIVACY CONCERNS is the answer i received. 
 

From: Chris Garland <chrisgarland [at] twdc [dot] org>
To: Jerleen Justus <jerleenjustus [at] yahoo [dot] com>
Sent: Tuesday, December 2, 2008 2:57:35 PM
Subject: Re: active membership list
Good afternoon Jerleen,
Thanks for your email.  TWDC has had a policy of not sharing its membership list.  This is simply out of respect to the privacy of our members. 
Do you recall who was looking for this information at the Board meeting?  I would be happy to contact them.
I can leave a copy of our annual report for you to pick up  - anytime after Wednesday (12/03/08) afternoon.
The residents that you referranced who are planning to become members simply need to attend a meeting such a block club meeting or TWDC committee (and sign in) prior to the end of the year.  It has been TWDC's practice to use the sign-in sheets as evidence of membership.
I hope this is helpful.
Best,
Chris
On Tue, Dec 2, 2008 at 2:01 PM, Jerleen Justus <jerleenjustus [at] yahoo [dot] com" target="_blank">jerleenjustus [at] yahoo [dot] com> wrote:
December 2, 2008
Good afternoon Chris
I stopped in this morning and spoke to Mr. Bloom requesting a list of the active membership and financial statement.  It was disclosed to me that the membership list could not be given out.  At the last Board meeting someone ask for the same list and it was denied.  Since the By-Laws do not make any provision or preclude another member from obtaining a current active membership list could you please put  in writing a detailed explanation  as to why I cannot obtain this requested material.
Mr. Bloom did indicate to me that you would provide me with the financial statement.
Further, there are several residents that will be stopping and registering for membership so please stock up on registration cards.  I don't want them to make a trip in vain.
Thank you for your anticipated attention herein.
Sincerely,
Jerleen Justus

I dont think people quite understand

the level of deceit and underhanded dealing that is going on at TWDC. Jerleen is not the only one given that answer - its their standard response. It should also be mentioned that three different candidates - all willing to run on a social equity issues platform have all dropped out. I know two of them dropped because they heard from other ex board members what hell TWDC makes your life if you dont go along with their plans.

And if you bring any objections up - its all "negativity". hmmmm maybe by that analysis the FBI isnothing but a bunch of naysayers...

TREMONT WEST - IGNORES REQUEST

As expected, Chris Garland, Executive Director of TWDC, ignored my request for the number of active members of TWDC, he didn't even reply with this is a "privacy concern" this time.  I guess they don't take me seriously.  I haven't figured out yet if we're reading from the same set of rules. 

The By-laws I'm reading from says that "the membership is the ultimate authority of TWDC." 

We have invited a group of neutral election monitors (law students) from Cleveland State - under the direction of Professor Candice Hoke to the dinner and election - and if there's any flack, make a motion to override the boards decision and let the membership  vote to allow the monitors present during the counting of the ballots 

TREMONT WEST - PUBLIC RECORDS REQUEST INFO

In researching online the legal requirements of a Community Improvement or Community Development Corporation in Ohio I found several sources which interpret the Ohio Public Records laws as REQUIRING a non-profit community improvement or community development corporation like Tremont West Development Corporation to make all their records public with one tiny exception {That exception(R.C. 1724.11(A)(1) and (2) "Certain financial, proprietary, and other information submitted by an entity to a community improvement corporation acting as a political subdivision's agent” has to do with certain business or other propriety records submitted to the Corporation by entities looking for Corporation support. (See below “IS THE CIC ACCOUNTABLE” which is from North Canton, Ohio’s Community Improvement Corporation web site.)} One example of a situation in which the Ohio Public Records law requires public disclosure: The University of Toledo had a Foundation which fundraised for the University. The Toledo Blade wanted to see who donated to the private Foundation. In this law suit The Ohio Supreme Court found that the Foundations donor records were public records and must be disclosed.

 

Other Ohio public records law cases can be found at Privatization vs the Public’s right to know.

 

Here is a similar community development corp. case in New Jersey:

If the Tremont West Development Corporation receives or spends public money, then its records are public records. NOTE:  From what I understand, the board of the  TWDC is not composed  with a number of public officers as is the North Canton CDC. But this is only one prong of the public records test.   Let the TWDC point to the legislation which exempts them from the public records law.

I suggest that you send the Tremont West Development Corporation a certified Public Records Request letter requesting membership records and voting records and Frank Giglio (with his street address) records.

 

If you wish, post your Draft Public Records Request here on Realneo and there may have a user or two who can help proof read it. It is important that the sunshine all over Cuyahoga County and in Cleveland in particular.

 

I suspect that the TWDC has very few members, that they are spending public money with very little public support, members, or involvement. Being sensitive to this flaw, the TWDC does not want to make public their meager “membership”.   What credible reason can the  TWDC have for secrecy?

 

Is the CIC accountable?  Yes, the North Canton CIC is accountable.  It is/was created by virtue of Ohio Revised Code.  It is/will be audited by the State Auditor annually.  The CIC has eight (8) members.  To reiterate, City Council has two (2) members on the CIC and appoints two (2) more.  The Mayor is on the CIC and appoints two (2) more.  The Director of Administrator, who is appointed by the Mayor, and confirmed by City Council is a member of the CIC.  The voters and City Council have control and accountability.  All votes by the CIC must be in public meetings and public records are maintained.  The only thing that is NOT public, pursuant to Ohio Revised Code Section 1724.11, are financial and proprietary information submitted on behalf of a business in connection with the relocation, location, expansion, improvement, or preservation of a business.  That just makes sense.  Would you apply for a bank loan if all your financial and personal history were made public?  Of course not.  The same can be said for businesses.  If a business with one hundred (100) jobs paying Sixty Thousand ($60,000) each per year wanted to locate in North Canton and went to Council for a loan, all their financial and business records submitted would become public record.  With a CIC, their records can remain confidential, while the loan and vote by the CIC would still be public.  Without a CIC in North Canton, the business could always go to Canton, Jackson Township, Massillon, Green, or Stark County who already have CIC’s and can maintain confidentiality of their business records.

 

question...

Everyone's information is public record at the Board of Elections, City Hall, the County, etc., etc.

So, why does it become a privacy issue when you get to the CDC level?

 

issue

Cuz Jon Boylan said so.

Preamble

"We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America." ---USConstitution.net

Had to post it... somehow... so many of our leaders large and small have either forgotten... or have twisted it so far and hard that the words almost seem foreign or horribly meaningless.

How did we get this far?

Don't you all know that

Don't you all know that those at the TWDC level do not operate by the "Constitution" the "Bill of Rights" or any other "Freedom Act"  the United States has to offer.  "SECRECY" is the name of their game and if you don't play along you're a Benedict Arnold. 

They won't  even allow election monitors in during the counting of the votes.  Now, who's doing the counting? 

Of course, you all know that Chris Garland ignored my request to give up the number of members in TWDC.  I expected as much.  I don't care what organization you contact or look into - large or small, one of the first things they can tell you is how many members they have - s----t, contact the prison system, they know how many members they have, churches know how many members they have, the Red Cross knows how many members they have, the bar association knows how many members they have - I could just keep going - shucks, even yahoo groups readily know how many members they have - and , yet, TWDC, only days before the election, either does not know or will not tell you how many members their organization has.  And now at the last Board meeting they started a committee to change the by-laws - I'm sure that one of the issues to be discussed will be to take away the "authority of the membership"  - the people of Tremont will have hell to pay if that happens.  Because right now as it stands - "The membership is the ultimate authority of Tremont West Development Corp." Yet, that sanctimonious group that's in charge now sits up there behind that locked door crying "privacy concerns" everytime somebody in the neighborhood (a member of TWDC) wants to know something.  Councilman Cimperman needs to get off his sorry behind and clean up his CDC and since it is his CDC and let them know that his constituents have a need and a RIGHT to know.

"take away the 'authority of the membership' "

nice call Jerleen. and I can answer this:

 "Councilman Cimperman needs to get off his sorry behind and clean up his CDC and since it is his CDC "

Or more accurately - Cimperman is answering that question himself - with his silence. 

Let the sun shine in

Sounds like you need to hold a Sunshine Law forum to inform folks of their rights (and others of their responsibilities). The State Auditor used to hold these free for the public - you could contact the office and try to arrange one. Meanwhile, their handbook is online (with faq's) and here are two other resources:
with two relevant sections

and 

 

 

couldn't resist

It was our anthem... Let the Sunshine In Did they forget?

Our Headless Port Authority...

The Cleveland Cuyahoga County Port Authority offers a premier executive level maritime opportunity as Port Director; relocating the Port, creating a trade district surrounding it, and establishing short sea shipping. This is your chance to help create the Port of the future and be a part of the transformation of the region. Position demands strategic, logistics professionals with a track record of results. 

 
SUMMARY
The Port Director is responsible for directing and administering the maritime programs of the Port, promoting the use of water transportation both internationally and Interlake as the most cost effective, environmentally sound mode of transportation for goods shipment, and insuring that the industries of Northeast Ohio have a competitive advantage through access to the waterborne movement of goods.
 
This position is responsible for the overall leadership, design and planning of the current/proposed maritime facilities, and marketing and trade development programs to attract new customers, carriers and cargo shippers to the Port and increase sales of current Port customers. This position reports to the president.
 
DUTIES AND RESPONSIBILITIES:
• Directs the formulation, communication, and implementation of the Port’s maritime programs, goals and objectives, and the policies and procedures to affect them.
 
• Creates and implements long and short range goals, objectives, business plans, and marketing and trade development plans. Responsible for market research, forecasts and trend analysis. 
 
• Able to link various transportation modes together to broaden our reach and increase our value to customers. 
 
•  Create and implement short sea shipping through the establishment of alliances and partnerships with various deep water ports to establish the movement of containers through our facilities.
 
• Directs the performance of long range planning processes for the Maritime division, determines the allocation of resources necessary to fulfill Maritime division goals and objectives; Maintains/improves maritime assets.
 
• Help establish and implement those programs necessary to increase waterborne cargo movements by encouraging port and freight generating development (containerized shipping as well as increase in current bulk material).
 
• Establish and maintain relationships with ocean carriers, agents, brokers, forwarders, truck lines, cargo interests, third party logistics firms, existing and potential new customers.
 
• Works with cargo interests, railroads, trucking lines, agents, brokers, forwarders and ocean carriers to insure that rates and service are competitive to maintain and attract customers.
 
• Directs and oversees the negotiation of leases, terminal operator agreements and other property use documents ensuring that the Port receives market compensation. 
 
• Coordinates activities of tenants and port users in the development of marketing and other efforts necessary to maintain and improve port activities.
 
• Coordinates and is responsible for regular liaison with economic development associations, third party logistics firms, business groups, local public agencies, and other organizations.
 
• Represents the Port to the port community, prospective customers and various community groups and trade associations which contribute to the general viability of the Port
 
• Recommends legislative agenda to further enhance maritime operations.
           
 
QUALIFICATIONS:
•       10 years of progressively responsible management experience in the port/maritime/logistics industry with significant marketing, business development and operations experience. Experience in transportation, logistics/cargo solicitation, ports; steamship lines or stevedoring is a plus.
•       Highly strategic and analytical. Understands and can apply maritime into the land logistics chain.
·       Thorough knowledge of traffic development, marine cargo sales and operations, and marketing programs.
·       Strong negotiating and consensus-building skills
·       Understands and can apply maritime into the land logistics supply chain
·       Excellent presentation and communication skills (both oral and written)
·       Understands manufacturing and can apply to what maritime can offer to the distribution equation.
·       Ability to leverage the hard and soft assets of the Port through alliances, joint ventures and partnerships
·       Experience in traffic development and in conducting marketing and industry research
·       5-7 years of supervisory experience
·       Experience developing and directing a marketing program.
·       Entrepreneurial
·       BA or BS. Understands how deals come together and is able to analyze and construct favorable transactions. 
·       Good business sense/acumen, Ability to travel 10-25% 

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