During its last regular meeting on Tuesday, February 7, the Fayette city council continued to discuss deteriorating buildings downtown. This time the council set its sights on the Colonial Mercantile building on the corner of Main and Morrison streets on the southeast corner of the courthouse square.

In January of 2012, the city took possession of the building for the price of $1, and then turned around and sold the building for the same price to Brooks Ross on the expectation that he would make adequate repairs to the building. 

In September 2011, the city designated the building’s condition as “dangerous.” The owner at the time, Paul Cristal of Florida, claimed he did not have adequate funds to comply with the city’s order to repair the building, and therefore forfeited ownership to the city via quitclaim deed. Both the city and Cristal’s lender released their liens on the building. In the Contract for Transfer of Real Estate, it is written that “Brooks E. Ross has indicated the willingness and wherewithal to repair said real estate.”

“The ultimate goal of the city as well as Brooks E. Ross is not only to repair the property so that it is no longer a dangerous building but to return the property to a productive use,” the contract states.

According to the contract, Ross agreed to begin repair work within 10 days of taking possession of the property. The initial focus of the repairs included removing debris in the alley, then shoring up the structure to prevent further movement, and removing or repairing the back wall. The work was to be completed within 45 days.

Ten years later, the back wall has still not been repaired, and a ground-floor window on the front of the building is boarded up. Ross apparently renovated an upstairs apartment where he once lived. The first floor is dedicated to a workshop where he designs high-end metal works. However, Ross no longer lives in Fayette. It is not known the last time he was inside the building.

The contract and the quitclaim deed still exist. David Smith of George G. Smith & Son, Inc., a title company in Fayette, continues to hold the quitclaim deed in trust and has indicated it is willing to turn over the deed back to the city. 

“We could then file that quitclaim deed, and essentially take the property over,” explained city attorney Nathan Nickolaus. “The problem with taking the property over is now it moves from somebody else’s problem to our problem.”

Nicholaus said he sent a letter the previous week to Ross explaining the situation, but had yet to hear back. 

“I think it was a sound plan. There just wasn't any follow-through,” Nicholas said. “It’s going to be expensive to tear down, and expensive to repair either way.”

The council tabled the issue in an effort to give Ross the opportunity to respond to the letter.

The Fayette Advertiser reached out to Ross for comment but has not heard back.