Tag: DBAC

Categories
News

Parliamentary push-back: Benford reinstated, Fenton nearly ousted

Ousted chair George Benford watches the drama play out that results in his new job as co-chair on the DBAC with the woman who wanted him gone. Staff photo

 

Chaps owner Tony LaBua spoke for those not in the thick of last week’s Downtown Business Association of Charlottesville coup: “I’m confused. Is George not president?”

George Benford wasn’t chair at that point early in an August 17 DBAC board meeting, but within 45 minutes, he was elected co-chair, and Joan Fenton, who had prompted his August 8 resignation when she told him his election in March may not have been legal, survived a vote to remove her from the board because her opponents couldn’t muster a two-thirds majority.

The feud between the city and Charlottesville Parking Center owner Mark Brown over the Water Street Garage seeped into the DBAC, with factions forming and accusations from Fenton that Benford and other DBAC board members were in Brown’s pocket.

After last week’s public airing of DBAC grievances, Fenton took charge of Wednesday’s board meeting and explained her discovery that a decision to amend the bylaws and move the membership year to begin January 1 had never been made official, and therefore Benford’s election after former chair and former CPC general manager Bob Stroh resigned was invalid.

“I didn’t do this easily,” said Fenton. She said she’d consulted Tuel Jewelers’ Mary Loose DeViney, who in fact is a professional registered parliamentarian. DeViney agreed the elections held at the March meeting were not in accordance with the bylaws. Fenton waited to break the news until after an August 5 meeting of the bylaws committee, she said, because “I didn’t want it to look like I was doing anything improper.”

An angry board challenged Fenton when she passed out the bylaws and an e-mail with DeViney’s opinion. “Why are we just receiving this?” asked Will Van der Linde, manager of the Main Street Arena, which is owned by Brown.

Attorney David Pettit, who represents Violet Crown Cinema, which has lobbied the DBAC to tell the city it wants the Water Street Garage to be a public utility, said he came to the August 17 because Fenton asked him to weigh in on the bylaws situation, not on behalf of Violet Crown, which is also a DBAC member.

The calendar year could be changed in the bylaws by a two-thirds vote of the board, he said, but he found no evidence that occurred in the minutes. And if the board doesn’t follow its bylaws, the result is “chaos,” he said.

Fenton wanted to have an election in September at the annual members meeting, 90 days after the June 30 end of the membership year under the old bylaws. It didn’t work out like that.

Van der Linde proposed a motion to change the membership year to January 1 and make it retroactively effective January 1, 2016.

“I will question the validity of that motion because we do not know who our board was,” said Fenton.

That brought up another issue. Some of the board’s 17 members had been elected, like Benford, under the unofficial new bylaws. In a vote of only those who had been on the board before the contested election,  a 9-1 decision was made to change the membership year in the bylaws, with Fenton the sole “no” vote.

Van der Linde made another motion: “I move to fill the vacancy of [co-chair] Bob Stroh with George Benford.” That passed 8-2, with Fenton and Spring Street owner Cynthia Schroeder, who had been in the ax-Benford faction and who has plans to start a new business association, voting no.

Van der Linde had yet another motion, the most dramatic yet. “I make a motion to remove Joan Fenton from the board,” he said. That 6-2 vote, with two abstaining and two absent, failed to get the two-thirds necessary to oust Fenton.

“I think I really upset a lot of people by publicly stating my issues and by refusing to have an emergency meeting,” said Fenton, who remains co-chair, after the meeting. “I think there was a lot of anger at me and I hope we can move past that and work together.”

In a final motion, Van der Linde moved to reinstate the nine people who had been elected to the board earlier in the year.

George Benford and Joan Fenton kiss and makeup after last week's nastiness. Staff photo
George Benford and Joan Fenton kiss and makeup after last week’s ugly business. Staff photo

Several members seemed shaken by the events of the past week. David Posner, an investor with Davenport & Company and a board member whose election was questioned, said everyone had been “very happy” with how things were going at the DBAC, and that he found it alarming “all of a sudden to see this coup go down.”

“What we’re trying to do is bring this ship back to port,” said Amy Wicks-Horn, whose membership and allegiances Fenton had questioned. Although COO for the Piedmont Family YMCA, Wicks-Horn says she’s not a DBAC member in her work capacity. Fenton had pointed out that neither Wicks-Horn nor Benford owned businesses on the Downtown Mall.

“In the past week, our reputation has suffered,” when it was “only one or two individuals” leading the charge to oust Benford, said Wicks-Horn.

“It’s been very disturbing,” said Roy Van Doorn, a partner at City Select. “It’s been very personal. When motives get questioned in a public way, it’s really out of place. I ask the leaders of DBAC to temper their comments. It’s been very disturbing to the board. It’s been very disturbing to the members. [The DBAC] has to be focused on its members and its issues.”

And with that, Van der Linde moved on to talk about DBAC plans to put lighting in trees for the mall’s 40th anniversary.

Afterward, Fenton said, “Sometimes the best thing is to have an open and honest discussion. When you clear the air, you can move past that and work together.”

The issues that had been “festering” were not discussed at the meeting, she said, but people did get to express their displeasure.

She added, “I do sincerely think [Benford] and I can work together.”

 

Categories
News

DBAC meltdown: Downtown business org in disarray; chair resigns

Joan Fenton ousted George Benford as chair of the Downtown Business Association of Charlottesville. Photo Eze Amos

Simmering undercurrents from the parking war between the city and Charlottesville Parking Center over the Water Street Garage have splintered the Downtown Business Association of Charlottesville, whose chairman abruptly resigned August 8 after being told he was illegally elected. The move leaves some members confused about who’s in charge and one who is working to start a new downtown business alliance.

George Benford was elected DBAC chairman in March after former chair Bob Stroh retired from both the business association and CPC, where, as general manager, he’d helped found the DBAC.

Benford says he was in New York on business August 8 when he got an e-mail from DBAC vice-chair Joan Fenton, who owns Quilts Unlimited & J. Fenton Gifts. According to Benford, Fenton said his election was illegal because the bylaws had never been officially approved to allow an election in March, and that she would take over in the interim.

“I said I’d just make this simple and resign,” says Benford. “There’s been a lot of dissent from one or two people. This is a volunteer job. Nobody gets paid.” He adds, “I don’t have energy for this.”

In his resignation letter, Benford listed his accomplishments during the five months he was chair, including DBAC membership being at an all-time high. What he didn’t mention was the parking dispute between CPC owner Mark Brown and the city that has roiled the organization and had it sending conflicting messages to City Council.

Benford came under fire from Fenton and others for an April 17 letter to City Council that said the DBAC would not take sides in the dispute between Brown and the city. It urged a quick resolution and for the city to come up with a long-term plan to deal with parking.

At a May 25 DBAC meeting, Violet Crown Cinema’s Robert Crane called for a petition to City Council that it not sell the Water Street Parking Garage to Brown. Violet Crown, which had hired DBAC member Susan Payne’s public relations firm to represent it, held a June 2 meeting on parking and attendees unanimously agreed that the garage should be a public utility. Days later, council passed a resolution to make an offer to buy Brown’s shares of the garage.

That was followed by a June 23 letter from downtown association board member Mary Beth Schellhammer on DBAC letterhead asking both the city and CPC to knock off the heated rhetoric—the city threatened eminent domain and CPC to close the garage—and come to a quick resolution.

Fenton contends that Benford went to the city and said the DBAC was in favor of it selling its shares of the garage to Brown. She also accused him of not being transparent, and of stalling a DBAC vote on a resolution to keep the garage a public utility.

“From my perspective, [Benford] has done so much damage to the organization and now he’s continuing to damage it,” says Fenton.

“He has a large group of people beholden to Mark Brown,” she says. “There’s a perception CPC is running DBAC.”

Certainly the two organizations have always been intertwined, with downtown booster Stroh holding leadership positions in both. CPC has provided office space and support to DBAC, says Benford, and CPC employee Sarah Mallan is DBAC’s secretary and treasurer.

“DBAC records are kept at the parking garage,” says Fenton. “I think that’s a conflict.”

Brown says that two people out of 17 on the DBAC board work for him. “Didn’t the DBAC encourage the city to fight me and not settle with me?” he asks.

Fenton also questions board members who don’t own businesses downtown, such as Benford, who used to own the restaurant Siips on the mall, and Amy Wicks-Horn, who joined DBAC when she was director of the Virginia Discovery Museum.

Benford says he offered to resign when he sold the restaurant. “Everyone, including Joan, asked me to stay on,” he says.

And Fenton questions the link between Wicks-Horn, who currently works for the Piedmont Family YMCA, which received funding for the new Y from the Jessup family, a member of which also sold Brown his shares in the Water Street Garage Condominium Association.

“I categorically deny that,” says Wicks-Horn. She says she’s not representing the Y with her DBAC membership, and she volunteers because of her passion to support downtown.

“DBAC is a strong partner with CPC and it’s also a strong partner with the city,” she says, and both entities are concerned about the issue of parking downtown. “That doesn’t mean we’re in the city’s pocket and it doesn’t mean we’re in CPC’s pocket.”

Spring Street owner Cynthia Schroeder sees the need for a new business group, an idea she’s had plans for since 2012. “I’m starting a new, honest, open organization to increase business on the Downtown Mall,” she says. “It’s fresh, it’s going to be very active.”

Schroeder doesn’t believe Benford should be chair of DBAC. “It’s unraveling,” she says. “I’m going to put my energy into my effort,” which she says she’d like to have in place by January.

After submitting a resignation not only as chair, but as a member of the DBAC executive committee, board and association itself, Benford reconsidered August 10. “I have received numerous requests to rescind my resignation letter,” he says, and he will remain on a member of the DBAC and its board of directors.

The legality of Benford’s chairmanship was raised at a bylaws committee meeting August 5, says Fenton. Some have questioned whether her interpretation of the bylaws, which the board had talked about updating but she believes never did, is correct.

“I can’t swear to one or the other,” she says. “But if he resigned, it doesn’t matter. He’s got copies of the bylaws, and he could have said, ‘I think you’re reading this wrong.’”

Fenton says she’s been asked to hold an emergency meeting, but with a regular DBAC meeting scheduled for August 17 and the annual meeting in September, she wants the entire membership to vote on who leads the group. “We can start with a clean slate,” she says.

Resignation letter (1)

Categories
News

DBAC urges city and parking center to knock off bully tactics

Former mayor Dave Norris urges the city to stop kicking the can forward and resolve the Water Street Parking Garage morass once and for all. Staff photo

The Downtown Business Association of Charlottesville sent a letter to city councilors and Charlottesville Parking Center owner Mark Brown today requesting the city and the CPC “reach a quick agreement on the parking stalemate” over the Water Street Garage and withdraw “extreme threats” such as eminent domain and closing the garage.

Mary Beth Schellhammer wrote on behalf of the DBAC board of directors to ask the city and Brown to consider the “significant impact the lack of resolution is having on the image of downtown Charlottesville.”

An impasse over parking rates at the garage, jointly owned by the city and Brown, has escalated to lawsuits, with the city saying last week it had begun the condemnation process on the garage for eminent domain, while Brown filed to have an emergency receivership appointed to run the garage.

“I think this is a very welcome development,” says Dave Norris, CPC general manager and a former mayor of Charlottesville. “Anytime government threatens eminent domain, it really is pushing a nuclear button.”

Two weeks ago, members of the DBAC were circulating petitions urging the city not to sell its shares in the garage at the same time the parking center said it was on the verge of a settlement with the city. At the June 6 City Council meeting, councilors passed a surprise resolution to buy Brown’s shares of the garage.

“The consistent theme is DBAC communicating they want to see this matter resolved,” says Norris. “They want to be able to preserve affordable parking downtown. That’s their bottom line.”

Norris says he thinks some DBAC members were uncomfortable with the city’s threat to use eminent domain against fellow business owners. “If you read between the lines, they’re saying don’t use eminent domain in our name,” he says.

“The letter is not going back on anything we’ve said,” says Schellhammer. “Time is critical. We’re stressing to the city and Mark Brown not to let this drag on.” If a receiver is appointed to manage the garage, “this could go on for three, four, five years,” she says.

As for eminent domain, she says she doesn’t know that’s needed and there’s room for everyone downtown. “I believe Mark Brown deserves to own a business and be profitable. The city deserves to be able to provide affordable parking.”

The escalating dispute, she says, “is a bully fight.”

The Charlottesville Regional Chamber of Commerce also wants the city and CPC to negotiate a settlement. “Eminent domain is a hammer that isn’t necessary,” says its president, Timothy Hulbert.

Read the DBAC letter to Mark Brown and city councilors