Former Biscuit Company managers say reopening status not known|[9/02/06]
Published 12:00 am Saturday, September 2, 2006
Prospects of reopening The Biscuit Company, a longtime downtown restaurant and nightspot, remain in limbo, the former managers of the closed downtown restaurant and bar said this week.
“Right now, I don’t even know what the condition of the building is,” said Les Pearman, who ran The Biscuit Company at 1100 Washington St. with his wife, Sandy, until it closed due to drainage and sewage problems in 2003. “Of course, it would be great to see it come back. Everybody in Vicksburg would like to see it come back.”
In July, a settlement was reached in a two-year-old lawsuit between the owners of the building that housed the bar and the city contractors accused of forcing its close.
The building’s owners, Vicksburg architect S.J. “Skippy” Tuminello, Gayle Tuminello and Floweree, L.P. claimed in a lawsuit filed in Febraury 2004 that drainage from heavy rains caused water and sewage to ooze through spaces in the walls, ceiling and floor of The Biscuit Company four times from Feb. 20, 2003, until July 3, 2003, causing up to $500,000 in damages. The suit alleged the damage was caused by work to repair a Washington Street tunnel used for water, drainage and sewage and the changing of curbs and storm drains around The Biscuit Company and other buildings owned by Tuminello.
The settlement was reached with Neel-Schaffer Engineers & Planners, Neel-Schaffer Inc., Neel-Schaffer Properties LLC, Hemphill Construction Company Inc., and the city, according to a July 5 order signed by Judge Isadore Patrick.
The amount of the settlement was not disclosed. City Attorney Nancy Thomas said it had been or would be paid by insurance companies of the contractors.
Tuminello, an architect, said in July he was interested in beginning renovations on the building as early as this month.
The Biscuit Company opened in the building in 1974. For some years between, the New Orleans Cafe operated in that location.
“We really miss The Biscuit Company,” Tuminello said.
Pearman, however, said no steps had been taken toward reopening and would not be taken until he and his wife met with Tuminello, toured the building and studied guidelines from the state Health Department for bringing the building up to code for serving food.
“Everything that was wrong with the building before continues to be wrong with the building now, so until that’s addressed, we can’t do anything,” Pearman said. “We haven’t even sat down (with Tuminello)…Until we get that meeting and get that specific plan there’s not much to tell.”
Tim Darnell, director of Environmental Services at the Mississippi Department of Health, said the health department’s requirements for reopening a restaurant whose food service permit has expired are the same requirements as for a new facility.
“The food service facility is required to submit a permit application to MDH, pass a pre-operational inspection and pay a permit fee,” he said.
A letter from Warren County Health Inspector Johnnie Ferrell months after The Biscuit Company closed in 2003 said, “The inside walls on the Washington and Grove street sides of the building need removing and the trapped mud and sewage removed and the wall replaced.” Farrell also cited 10 repairs that must be made before another restaurant can open on the site.
“There are a lot of hurdles to get over right now,” Pearman said. “It would be a shame if the building weren’t restored to its former glory. But that is going to entail a tremendous amount of effort.”
The original lawsuit also lists the health department as a defendant and asks the court for a judgment regarding the department’s “requirements in order to reopen a good operation determining what repairs are reasonable to operate a food establishment at 1100 Washington Street.” The health department, however, was neither listed as a defendant nor mentioned in Patrick’s order saying Tuminello’s claims were being dismissed.