Curtain closes on Alachua Children's Theater

Commission approves sale of old library building

Weeks of heated debate became moot on Monday night, as issues were raised regarding the incorporation status of the Alachua Children's Theater. A report by G.B. Wilson, of the City of Alachua Department of Compliance and Risk Management, showed that the theater had been registered as a new corporation, thus rendering prior agreements void.

The Alachua Children's Theater has been using the old library building at 15100 NW 141 Street, which was declared surplus last summer. The city commission had been preparing to accept a sales offer of $175,000 for the building and directed the city manager to complete the contract earlier in the meeting.

Prior to the meeting, the city commission was prepared to sign a new lease agreement with Carol Jackson, president of the Alachua Children's Theater. This new agreement would have extended the lease through December 31, 2011 but was subject to early termination in the event of the sale of the building. The sale itself was delayed due to concerns raised at the previous meeting over several legal aspects of the sale. Jackson, who has been occupying the building as a “holdover” tenant since the lease expired in December 2010, was $2,900 in arrears on rent. The new agreement would have waived the $100-per-week rent going forward and created a structure for the theater to pay off the arrears.

However, Wilson's report said that the corporation that the city had previously dealt with had been dissolved and that the theater had been operating as a wholly new corporation. The new corporation does not have the 501(c) non-profit status that the previous corporation possessed, which, according to Wilson, was one requirement of the previous lease. According to Wilson, this change in corporation places the organization in default, because the entity which originally entered into the lease no longer exists. The previous corporation was dissolved on September 24, 11 days after the first extension of the lease.

“I've never seen this done before or seen anyone attempt to do this,” said Wilson.

Wilson further speculated that the organization chose to register a new corporation, rather than reinstate the previous one, because of a drastic difference in cost. Wilson referred to the change as “disturbing” and said that the city could face liability because the corporate entity which held the insurance policy for the organization no longer exists. Jackson later refuted this, claiming that her insurance policy allows for the change.

“If you wanted us gone, that's all you had to do, was say, 'gone,'” said Jackson.

City Attorney Marian Rush and City Manager Traci Cain agreed with Wilson's assessment of the legal risks involved, especially in regard to insurance and liability. The commission, which had already agreed to sell the building, then voted against signing any lease with Jackson and directed the city manager to remove the theater group from the building.

Emotions were tense and heated in the commission chambers, as supporters of the theater voiced their protest over the sale. Reactions ranged from calm and quiet to angry and loud. Stan Richardson, a member of Alachua's Planning and Zoning Board, called the decision “pathetic,” while Mayor Gib Coerper told citizens to “make it short” and interrupted several as they spoke. One woman, Carol Thomas, was escorted from the chambers after disrupting the meeting. Not everyone was angry, however.

“I'm glad to hear this type of communication and dialogue,” said Alachua resident Jalil Mohammed.

Jackson later announced that the theater will continue its programs at another location.