rich vs. poor -Tremont West Development Corporation fails to address long standing parking problems by Jerleen Justus

Ward 13 Councilman Joe Cimperman stated, “I can not put into words my frustrations with the Building and Housing Department when it comes to inspections."

Tremont West Development Corporation fails
to address long standing parking problems
by Jerleen Justus

(Plain Press, May 2009) Tremont residential residents have rolled up the welcome mat for the overflow of parking of the Professor Retail District that has plagued their neighborhood for nearly a decade. Under captivating banners for storefront renovations that are polished up with tasteful promotions and bedecked with flowery ballyhoo, Tremont West Development Corporation (TWDC) continues to endorse and support new businesses, land developers and high-end bar/restaurants with full knowledge of an out of control parking situation.

Committees, meetings and years of talks have left many native denizens believing that those inside the organization persist in making decisions favoring business owners without making the best interest of the community a number one priority. Since one of Tremont's more prominent land developers has infiltrated the organization and is now a salaried staff member (Strategic Investment Initiative (SII) Development Director Sammy Catania), it is questionable as to whether or not his influence on sitting committees could be suspect when fellow developers come looking for endorsement and letters of support at TWDC.

NEWS ANALYSIS

As recently as February of this year, the Economic Development/Long Range Planning Committee, with only members/chairs David Purpera, Sandy Smith and SII Development Director Sammy Catania in attendance. In their exuberance to add  more notches on the wall, they unanimously endorsed a business proposal presented by Dante Boccuzzi.  Inquiry revealed that many committee members were not in attendance for this important discussion due to the change of date and late notice given by TWDC as well as sitting members not being made aware of this agenda item.

It is scripted throughout the Tremont SII Program "that the necessity exists to accommodate the parking needs of residents; the need for creating a parking plan for the Professor Avenue Commercial District that alleviates the issue between residential parking needs and the requirement of the business patrons and; that commercial developers must respect the needs of the surrounding residents by managing the traffic and parking issues."

Vicky Slone of West 7th and College states, "these people have no common decency. They leave their trash, used condoms, beer and whiskey bottles, they urinate on our flowers, leave their drunken vomit on our sidewalks for us to clean up and we're just supposed to keep suckin' it up," she continues.  "I don't know how many we've run off doin' it right here in front of the door. Sometimes the drunks are out here arguing and brawlin' at two and three in the morning waking everybody up and we've had enough."

Many long-time home owners, who believe they have paid their dues, must rely on street parking and often return home from work, shopping or other daily activities, finding bumper to bumper patron and valet parked vehicles, have long lost their patience. Pedestrians, especially those with walking disabilities, in wheelchairs or pushing baby strollers find themselves and/or their children at risk trying to steer clear of vehicles parked on the sidewalks, blocking access ramps, driveways and crosswalks.

Former Tremont resident Sandra Fox states, "Let some old person with a cane fall or somebody's kid get run over trying to get around one of them cars and I bet you they find some parking spaces. Of course, by then it'll be too late, I'm sure if they pool some money somebody will sell them a lot to park cars."

Local customers of the Professor Market are also feeling the pinch.  Archie Coon states, "Try getting in to buy a gallon of milk on a busy night.  Valet cones out in the street, cars parked everywhere, you have to drive around the block three or four times hoping somebody will move. It's crazy man and if they put another restaurant right next to the store with more valet cones, and more parking on the street, the store's hit and that's not right." Pointing to his truck as another car tries to squeeze in a small space, he continues.  "People have counted on the store for years and what's happening is not fair to the store owners or the residents."

In researching public records at Cleveland City Hall, records show that at the time variances were granted the Board of Zoning Appeals, based upon testimony, letters of support and off-street parking site plans, did stipulate a total number of required off-street parking spaces for certain prime time establishments. What remains unclear is why these much needed required parking lots never materialized and why the non-compliance of these establishments has been allowed to continue while the parking requirements were overlooked for a span of ten years.

During the examination of variances requested by business owner of the Flying Monkey (corner of Jefferson and Professor) two anomalies regarding parking issues came to the forefront.  A request for a variance to establish use in 2001 was approved based on the business owner stating and providing a twelve (12) car on site off-street parking lot and a letter of support from TWDC.  This parking lot did not exist and does not exist today.  In a telephone conversation Flying Monkey owner Tom Bell stated, "Parking conditions have not changed in eight years." When ask about the twelve-car site plan, Bell stated, "that was plan b."

Records further show that in January 2008, a detailed fifty-two car off-street parking site plan for 807 Jefferson was turned in and Flying Monkey business owner applied for a variance to expand use to the second floor. The City of Cleveland Board of Zoning Appeals (BOZA) approved the expansion based on the testimony, detailed site plans and letter of support signed by TWDC Executive Director Chris Garland stating, "Presuming all plans are in accordance with City of Cleveland codes and ordinances."

Flying Monkey business owner stated, "I have had about ten meetings with the people at TWDC.  It was their idea that we wait on building a parking lot because they wanted to build a model project called a bio swell."

While not only was this parking lot not in existence at the time the variance was granted, Flying Monkey business owner Tom Bell also did not own the property at 807 Jefferson. TWDC Board minutes, dated June 19, 2008, indicate that in his adieu as president of the Board of Trustees, head honcho Sammy Catania took it upon himself to make a motion, to use $10,000 of model block funds to help owners of Flying Monkey and Tremont Lofts acquire city land bank lot at 807 Jefferson to provide 30 spaces of paved parking for lofts residents and 30 for public parking. The board voted unanimously to approve."  Model Block Funding is taxpayer provided funding that is administered through the City of Cleveland.
However, via Cuyahoga County Records, PP 004-17-012, 807 Jefferson was titled to both Thomas K. Bell and Myrl Roberts, in the sales amount of -0- dollars from the City Land Bank, on December 1, 2008.  Leaving a $10,000 question, where's the cash?

Further investigation into the parking conundrum surfaced a Parking Lot Lease Agreement between the Cleveland Public Library and Tremont West Development Corp. (Developer) concerning leasing parking spaces at the Jefferson Branch Library.  This document was executed on May 2, 2002, and signed by former TWDC Executive Director Colleen Gilson.
There were also many letters and communications that transpired between Library Officials and TWDC before negotiations ended, however, these terms were included in the signed draft:  "Developer shall pay Library a monthly fee on or before the first day of each month during the initial term in the amount of One Hundred Forty Dollars ($140.00) (the "Parking Fee").  "Library shall permit Developer or it's Permitted Assignee to use the Parking Spaces as follows:"

Following the signatures of all official parties, the paragraph reads:  "Concurrently with the execution of this Agreement Developer is assigning its rights hereunder to Permitted Assignee (as defined above) and Permitted Assignee hereby acknowledged and agrees each and every item."  The document was signed Rocco Whalen, sole proprietor of a restaurant located at 820 Jefferson. The body of this Agreement also included Limitation on Assignment Memorandum of Agreement - Item 7 (b):  "This Agreement shall not be recorded in any public records."  Former TWDC Executive Director Colleen Gilson did not return a call for comment.  

In an interview with the current TWDC Executive Director Chris Garland, a request was made orally and in writing to review board minutes and cancelled checks made payable to the Cleveland Public Library. The request was an attempt to ascertain what funds were used to disburse the parking fees and on what basis the community organization would be paying for a private profit making business owner’s facilities for valet parking. TWDC Executive Director Chris Garland stated, "That is an unreasonable request."  

Since it has come to light that restaurant owner Rocco Whalen was a sitting member of the Board of Trustees of Tremont West Development Corp from January 2004 - January 2006, and there is dated correspondence which clearly indicates that the Lease between TWDC and the Cleveland Public Library was still in effect, not having access to board minutes prior to 2006 leaves many unanswered questions for both media and TWDC members. Although no current lease has been found or produced, it is believed that Fahrenheit still has use of the Jefferson Branch Library's fourteen off-street spaces for valet parking after the Library’s closing hours. TWDC Executive Director Chris Garland states, "presently no checks are being paid out for Fahrenheit, and TWDC is not involved in any formal capacity."

Records also show that Fahrenheit has been operating more than five years without a Certificate of Occupancy. The absence of a compliant dumpster with an enclosure to relieve this operation of placing garbage bags and boxes on the sidewalk in the public-right-of-way could be holding up the process. It was on this fact-finding mission that furry four-legged patrons were sighted dinning alfresco at the dumpster when the coast was clear.

Ward 13 Councilman Joe Cimperman stated, “I can not put into words my frustrations with the Building and Housing Department when it comes to inspections."

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