Fitts’ allegations rebutted by parking system attorney

Shelli Wojohn, general counsel of Executive Parking Systems spoke to allegations made against the company by Blue Ridge City Councilman Nathan Fitts in an email dated January 5, 2021, during a regular meeting Tuesday, January 12.

Wojohn addressed accusations of “questions of ethics, a conflict of interest, as well as fiduciary duties by a non-disclosure,” along with a concern of competition between the company and the city.

In addition, the email, or “formal notice,” also accuses Blue Ridge Mayor Donna Whitener of violating Section 2.16 (a)(1), (a)(3), (a)(5), (a)(6) and Section 2.16 (b) and (c) of the City Charter as a result of her selling 204 West Main Street to Executive Parking Systems, who currently has an agreement with the city.

“Engaged in a parking arrangement with the city, it would appear to me that he (Zach Wojohn, Parking Executive Systems owner) has a fiduciary relationship with the city and a fiduciary responsibility to the city,” Fitts said in the email.

“If so, it’s disappointing that we didn’t receive full disclosure in advance from him or his parking company either. Again, he attended the December 8, 2020, meeting, so it would have been a perfect opportunity while he and the mayor were both present in front of the council and public at large. Not only it is disappointing, in my opinion, but it’s frustrating because people making poor decisions, puts us in a bad position to have to make decisions that we don’t like and want to make either as a result of their actions.”

Shelli Wojohn explained that she felt the deal was transparent as Zach Wojohn had conversations about the purchase prior to the fact with Fitts and Downtown Development Authority Chairman Cesar Martinez.

“Having those several open discussions with them, if the issue of the non-disclosure is because it wasn’t formally presented before the council as a matter of procedure, I just need to know that,” Shelli Wojohn said. “I will make sure that happens if there is another opportunity like that.

“He (Zach Wojohn) wanted to ensure that there was parking available for the train specifically, because that’s been his understanding of what the problems with the local business owners in the community as far as street parking and taking up that parking, so he reached out to the train to see if him buying that parking lot would help them, and the response from Rachel was, ‘Yes, that would help me tremendously with being able to give people a place to park,’ so that is what we did.”

Shelli Wojohn emphasized that there have been several occasions in which Executive Parking Systems discussed with city officials their intentions of purchasing the lot, including a luncheon with Fitts December 15.

She also explained that being able to turn parking spaces over benefits business owners, which is their goal.

Fitts, who attended via phone call as a result of COVID-19, then targeting Whitener, stating that her part in the transaction was illegal.

In an emailed response to Fitts’ email, City Attorney James Balli said, “Ultimately, the decision on what action should be taken must be decided by a majority vote of the City Council.”