Dumpster fire over fees

“I was happy when I heard you were back. We need some journalists who aren’t afraid to report.”

Who stated that to me is irrelevant. I appreciated the sentiment. I write the good, the bad and the ugly. I’m not afraid to ask difficult questions when the occasion calls for it, even if they don’t want to answer.

During the Aug. 18 County Building and Grounds Committee meeting, I did just that. After the discussion regarding J’s Restaurant, its lease and the dumpster fees, Commissioner Michael Bell opened the floor to public comments. I had two questions.

First, was the section of the lease agreement sent to me by the county executive, the one they referred to during the meeting in regard to garbage and dumpster usage? I showed my cell phone to Bell. He said it was.

Second, I asked where in that section does it state who pays the dumpster fees? It clearly states that J’s Restaurant must use the dumpster if one is provided by the landlord. It doesn’t say who pays for that service: the landlord or the tenant.

Just prior, committee members unanimously voted to lock the dumpster and bar the restaurant from using it on Sept. 1, if the dumpster fees are not paid. Additionally, they unanimously voted to have the county’s legal counsel send a letter demanding payment and provide a 15-days' notice to comply or the committee would meet again and consider termination of the restaurant’s lease.

In response to my second question, I heard moral and ethical as reasons why the fees should have been paid. My argument for that is this is a contract. This isn’t about what’s moral or ethical, it’s legal. The law does deal with emotions in contract situations. While I’m not a lawyer, I do know the parties to a contract are legally bound by its four corners.

I was told he used the dumpster, but he didn’t have to if he didn’t want to pay. I agreed that the restaurant used it. The lease agreement required the restaurant to use it. I stated that commissioners can lock it. Then, the restaurant would have to find another way to deal with its garbage.

I was told that J.C. Petit knew that the dumpster had fees attached. I agreed but does that then institute a requirement for the restaurant to pay the fees? I don’t think it does.

We were going around and around, so I stopped.

My concerns:

It appears that commissioners are attempting to force payment by threatening to terminate the restaurant’s tenancy in the mall. That feels like extortion to me. You pay this, regardless of what your lease states, or you’re out! If Petit refuses to pay and the county kicks J’s Restaurant out of the mall, will that open the county up to litigation? If Petit feels that he’s been financially damaged by that decision, he might just do it. If the county loses that battle, taxpayers will be on the hook for attorney’s fees and any compensation awarded.

Is all that worth $1,900?

I reached out to Petit and asked how far he is willing to go with this.

“My attorney is working on a counteroffer. We are willing to take the exclusivity clause out and I’ll pay the dumpster fees when the contract starts,” he stated.

I asked if he’s willing to pay the prior dumpster fees, even though the current lease agreement doesn’t explicitly require him to do so.

“I’ll do whatever my attorney advises,” said Petit.

To commissioners and the county executive: I’m not here to make enemies. There’s a line that journalists should never cross. We should not establish anything more than a friendly rapport with elected officials. Journalists report on government activities, policies, and officials to inform the public, hold power accountable, and support democratic engagement. I have noticed that at least one individual has decided to blur that professional boundary, but I cannot.