A McComb judge dismissed building code violations Thursday against Jubilee Performing Arts Center director Terrance Alexander after discovering he had titled the Kramer Roof building to a limited liability corporation months before the downtown landmark collapsed.
But Alexander, who also is the sole owner and director of Talex Enterprises LLC, the owner of the building, may not find himself in the clear yet.
Alexander told Judge Brandon Frazier he didn’t own the 97-year-old Kramer Roof, which housed Jubilee Performing Arts Center and Agape Worship Center when the roof collapsed on July 23.
According to Pike County land records, Alexander sold the JPAC building to Talex Enterprises for $10 in March.
According to records from the Mississippi Secretary of State’s Office, Talex Enterprises LLC was formed on Feb. 2, 2015, with Alexander listed as its registered agent, owner and director. Talex’s address is 730 Vogel St., McComb, the same as JPAC’s elementary school.
But before all of this information was revealed in Frazier’s courtroom Thursday, the judge and Alexander had a tense, back-and-forth exchange in determining what will happen to the building.
A frustrated Frazier scolded Alexander for not doing what he had asked in regards to filing a plan to renovate or demolish the structure.
“What do you plan to do with the building Mr. Alexander?” Frazier asked.
“We don’t have the money to repair the roof, so we’re going to tear it down,” Alexander replied.
Frazier then asked planning and zoning officials if Alexander had filed paperwork to either repair the building or demolish it.
All replied no and Frazier’s frustration grew.
“So, you didn’t do what I told you to do, Mr. Alexander?” Frazier asked.
“I did do what you told me to do. You told me to have a plan and I have two.” Alexander replied. “You told me to come here and tell you what I was going to do. I just did that.”
Alexander said he hired contractor Tom Ellis to see what could be done with the building and he hired another contractor, Freddie Franklin, to clean it.
Alexander said Franklin contacted Frazier on his behalf, which Frazier acknowledged.
“He asked me if I wanted to buy the building and it was very improper of him to come to me and talk to me,” Frazier said. “It seems like you’re relying on other people to talk for you instead of doing it yourself.”
Alexander said he was waiting on his insurance company before he moved and officials with the insurance company told him he couldn’t tear down the building until inspectors could determine why it collapsed.
But Frazier told Alexander that he was not waiting on an insurance company.
“So, are you saying you have the authority to overrule the insurance company?” Alexander asked.
“Absolutely, I do.” Frazier replied. “I can overrule the city, which I did. Do you remember that? I overruled the city and they tried to appeal me.”
The judge was referring to his decision to lift temporary condemnation orders on surrounding buildings after the clean up and stabilization of the ruins of Kramer Roof had taken place.
Alexander said the city has done nothing after the cleanup of the building, and a back-and-forth exchange between him and Frazier went on for another 10 minutes until the judge stopped it.
“I told you to have a plan,” Frazier said.
“And I did have a plan, I had two,” Alexander replied.
“OK, well now it’s time to enact the plan.” Frazier said.
“I did.” Alexander said.
“No, you didn’t. You didn’t file an application to repair or to tear down the building like I asked,” Frazier said. “You have 15 days to complete the application or I will hold you in contempt of my court.”
Frazier then directed his court clerk to place Alexander on his criminal docket.
“When you come back you should bring a copy of the application with you, or you’d better have a lawyer,” Frazier warned.
Then David Feldman, the former owner of the building who financed its sale Alexander, stood up to speak on Alexander’s behalf, explaining that Alexander’s hands were tied with the insurance company.
“They said the city tampered with evidence when they removed the roof and they can’t assess what happened,” he said, referring to insurance officials.
It was while Feldman was speaking that Alexander mentioned Talex Enterprises LLC.
Frazier said this was the first time he had heard Talex mentioned as the building’s owner.
“Since it’s owned by Talex, Terrance wasn’t in possession of the building and can’t be held responsible, so you’ll have to dismiss it,” Feldman said.
“I don’t need legal advice,” Frazier said, pounding his gavel.
Since Talex does own the JPAC building, Alexander is still responsible for filling out the permit application, Frazier said.
After the discovery of ownership, Frazier told Alexander that he was free to go.
Now the city has to go back to square one and hold Talex Enterprises responsible, Frazier said.
The judge told city planning and zoning officials after Alexander and Feldman left the courtroom to figure out who owned Talex Enterprises and go after that person.
“I hate being lied to,” city code compliance officer Steve Simmons said.
“I do too,” Frazier replied.
