Dumpster fire on fees
LISA HOBBS - News Editor
The county Building and Grounds Committee is drawing a line in the dirt, as far as J’s Restaurant and dumpster fees are concerned.
Members met this evening and unanimously approved locking the compactor on Sept. 1, excluding J’s employees from using it, as well as sending a letter demanding payment of $1,936 in dumpster fees within 15 days. If unpaid, committee members will meet to discuss terminating the restaurant’s lease agreement.
“I asked Robert [Bratcher, the county’s legal counsel] to go through the lease and make sure we’ve done things the right way,” said Commissioner Michael Bell. “He advised me that we can do a letter to J’s and give 15 days to pay. We can come back and meet after those 15 days, and if he has not paid, then we can begin termination procedures.”
Commissioner Tommy Savage stated, “So, the letter would be demanding payment.”
Bell confirmed assessment.
Commissioner Cam Montgomery asked about the lease, to which Bell replied, “As I understand it, we have to operate off the lease that’s been passed until we renew a new lease.”
Commissioner Scott Rubley, who is not on the committee, asked County Executive Terry Bell about the clause in the lease regarding the restaurant’s garbage disposal options.
“To paraphrase it,” said Executive Bell, “whomever owns it has the right to demand whichever service you use, and any tenant shall use that service.”
Specifically, it states, “Tenant shall not install or permit the installation of automatic garbage disposal equipment. Tenant shall remove such trash, garbage, and refuse only in such places as landlord may designate, and tenant shall leave such trash, garbage and refuse for collection outside the premises in the manner and at the times specified by landlord. If landlord shall provide or designate a service for disposing or picking up refuse and garbage, then tenant shall use same.”
It does not state who is responsible for paying the fees associated with garbage disposal.
Executive Bell stated that the restaurant paid garbage fees to the city, so he can’t understand why it is refusing to pay garbage fees to the county, “Someone needs to explain that to me. He used the service.”
According to information presented at the meeting, Bath and Body Works paid its dumpster fees. It was the only other business that had failed to pay.
Also discussed was an update on the lease agreement.
“I got a call last Monday saying that Jr’s attorney had not received a copy of the offer,” said Finance Department Director Justin Cotten. “I was not aware that I was supposed to send a copy of the offer that was made to his attorney, but other than that, there has been no movement at all.”
Bell reminded the group that J.C. Petit Jr. was at the last meeting and he overheard the offer, to which Commissioner Scott Kelly stated, “In my opinion, the ball was in his court after that.”
“Communication was his responsibility,” stated Savage.
If J’s Restaurant stays in The Mall and a lease agreement is reached, the dumpster fees will be added into monthly rent agreement.
All committee members were in attendance.