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Thomas contended that as long as he is operating Webster Enterprises' recycling operation, the equipment belongs to him. He pays Webster Enterprises $942 a month rent for use of their equipment, including the 7-year-old baler, valued last year at $33,425.
"Also, my contract gives me the option of purchasing the equipment at fair market value if Webster Enterprises terminates the lease," Thomas said.
After reading over the lease-purchase agreement, Cruzan said, "I was called here to make a decision in this matter, and I've made that decision - that baler stays on the property of Webster Enterprises. If a judge rules me wrong, then I'm willing to be responsible for that.
"My deputies have been out here off and on throughout the night," Cruzan told both Thomas and Lamb. "There's no need for that. This is a civil matter, and you need to get your attorneys to settle this."
In a surprise move early Wednesday morning, Thomas towed Lamb's truck, which was blocking the gate, and drove the baler off the premises.
Lamb called the Sheriff's Department to report the matter, telling deputies, "That little redhead stole my baler."
"The sheriff said this was a civil matter, and he's right," Thomas said Wednesday. "My attorney advised me that, according to my lease/purchase agreement, I am entitled to use of the baler - at whatever location. If Webster Enterprises wants to get an injunction or take me to court, that's fine. But, meanwhile, I've got work to do."
Thomas denied "stealing" the bailer, saying, "we drove straight through town; I'm not trying to hide anything." Driver Dewey Barker transported the baler to the Tuckaseigee Mills site, which Thomas has leased from a broker.
"I think this site will be a lot better for my guys," Thomas said of Tuckaseigee Mills. "It's covered and they won't have to freeze in the wintertime."
Thomas said he called county manager Ken Westmoreland Tuesday to inform him that Country Collections was still providing recycling services for the county, but at the new location of Tuckaseigee Mills.
In June 2000, Webster Enterprises signed a five-year, annually-renewable lease with Country Collections for collection and disposal of recycling materials generated by Jackson County. Webster Enterprises maintained the county contract, subleasing the work to Thomas.
"At Webster Enterprises we were concerned about so much of our energy going into recycling, and we needed to concentrate more on our medical devices operation," Webster Enterprises Executive Director Arlene Stewart said at that signing.
In at letter dated Sept. 27, Stewart informed Thomas that "Webster Enterprises intends to exercise the option of not renewing the lease at the recycling facility with Country Collections... this refers to all land, buildings, equipment and existing sales arrangements." The lease agreement is set to terminate Dec. 31, 2001.
Thomas told Lamb to stop interfering with his business, that he needed the baler "to finish providing a service. I still have over two months in my contract. No where in the contract does it say that I can't take the equipment to provide that service."
Thomas said he has instructed GDS haulers in both the town of Sylva and the county to take recyclables to the former Tuckaseigee Mills site rather than the Dillsboro location.
Lamb's response to Thomas was, "Webster Enterprises has an obligation to the county to recycle its materials. You are now interfering with our ability to serve the county."
GDS drivers, idling trucks at the blocked gate at Dillsboro Tuesday, prompted private hauler Tom Vokes to say, "This just goes to my point that the county needs to take over the recycling."
With his truck also blocking Thomas' exit, Country Collections financial backer Bud Boynton said, "My family's security is tied up in this."
Some Country Collections employees voiced concern that Thomas might declare bankruptcy and begin another recycling operation at Tuckaseigee Mills under a family member's name.
"Gregg's new front-end loader belongs to folks in Knoxville, and we think Gregg is planning to declare bankruptcy for Country Collections and begin operating with Blount County, Tenn., under his wife's name," said an employee, who asked not to be identified.
Thomas said he dispelled those rumors during a special Country Collections' board of directors meeting Oct. 22.
"The board did not want to declare bankruptcy, so it's not an option for me," said Thomas, who started his business three years ago at age 23. "Bankruptcy would not be my choice, unless I'm forced."
Boynton, also a major shareholder in Country Collections, said he was not notified of the special meeting.
"I think Webster Enterprises is afraid if I take the baler that I won't return it, but I will. I plan to continue honoring my end of the contract," said Thomas, who claims Webster Enterprises owes him $106,000 in back payments.
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Jackson County Sheriff Jim Cruzan (second from right) reads the lease agreement between Country Collections and Webster Enterprises before determining that the recycling baler in question should remain on the premises of Webster Enterprises' recycling facility in Dillsboro. "My deputies have been here throughout the night trying to get the two of you to solve this," Cruzan told Country Collections owner Gregg Thomas (third from left) and Doug Lamb, (far right) maintenance and safety director for Webster Enterprises. Also pictured are, from left, Deputies R.J. Gunnels and J.P. Gallardo. In a surprise move early Wednesday morning, Thomas removed the baler from Dillsboro to the former Tuckaseigee Mills location, a site he says he recently leased. - Herald photo by Rose Hooper