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OHS - Unsolicited Proposals Verbatim requested by Lori LaVerriere, City Manager and Jim Cherof, City Attorney April 19, 2016 - Old High School Unsolicited Proposals. C. Discussion and direction regarding receipt of Unsolicited Proposal (PROPOSAL) for the old high school. Grant: Okay, last New Business is discussion, direction regarding receipt of an Unsolicited Proposal for the Old High School. Um. Attorney Cherof: Mayor if I could make a comment on this why it is on the agenda. This, the previous City Commission adopted a Resolution that established. was referred to as a 3P procedure. The "3P's" are a public, private partnership and that process requires if an individual or organization submits the unsolicited proposal, meaning that the City has not gone out to request a specific project, if an unsolicited proposal is received, it is reviewed by the City Manager for sufficiency and then it is placed on the City Commission agenda for review or discussion. At that particular point, the City Commission has really three options. The first would be to, if you are fully informed of the proposal itself, to accept the proposal in which case there is a process for further notification to the public will be made with opportunities for other interested parties to submit like proposals so that you have something to compare to. The other option is to reject the proposal, which sends it back to square one, and opens the door for other individuals who may have followed this process to submit proposals to you that either incorporate part of it, reject part of it or come in with something completely different. The third option is if you are not at the point that you have enough information regarding what has been proposed, you could table the matter and direct staff to gather more information, provide a timeline for presentations by the proposer and thereafter come back and take action. Grant: I guess motion for discussion? McCray: So moved. Katz: Second. McCray: Uh, all of the City Commissioners know the City is under litigation on the property, the Old High School and for the City to do anything right now would not be wise. McCray: So moved to table for consideration proposal until the City receives a trial court ruling on this motion to dismiss the above reference. Grant: Uh, a second or more discussion? Katz: I'll have a little more discussion. The way I'm looking at this, obviously this has been a major issue and it cropped off in full force during the election campaign for a lot of people. Not myself because I ran unopposed, but my position on it is I am in favor of saving the Old High School for a number of reasons. Basically, I see this as an opportunity. It says discuss the role, rather I'm looking at the wrong thing. It says discussion and direction regarding the receipt of this unsolicited proposal. We are still at a point where no decision has been made whether or not to save the Old High School and restore it and incorporate it into the Town Square Project. I think this present us an opportunity to make clear that we are either for or against including this project in the redevelopment of the downtown area and the Town Square project. I'd like to get some opinions or some discussion with regard to the issue of making a stand here and now that this High School needs to be part of the Town Square Project or it does not need to be included because as we sit here and accept unsolicited bids and we will be getting other bids in the future once we issue the RFPs and RFQs and so forth, they will get bids with the High School, we will get bids without the High School. This discussion has been beat to death. I think everybody up here has a pretty good idea of where they stand on it. I know for a fact I stated I am in favor of trying to do what we can to save this High School. I know the two other individuals who campaigned and won their elections recently stated they are also in favor of trying to save the High School. I just think that we have an opportunity right now to say once and for all that this is part of the future of Boynton Beach. That plans that will be presented to the City to save the High School or not save the High School, that discussion is open. We will save the High School. We will incorporate it in the town square project, and like I said, I'm running in circles now, but I'd like to get the opinions of the other commissioners as whether or not you are at appoint where you are in favor of definitely attempting to save this High School and whether or not we will accept potential bids for the Town Square project, if you would be in favor of incorporating it into it because I think it would be more important and more successful if we bundled this with a greater project than to try to do it independently. Grant: Fellow Commissioner Casello Casello: I'll throw my, you know, I'm all for saving the High School. I, no matter what you might think, I'm for saving the High School. Here's the problem that might arise here, as we start soliciting, in fact, we've all met with the prospective developers for the whole, looking at the big picture here, the Town Square project. And as Commissioner Katz said, some proposals will come in with the High School and some without. If we make this is a benchmark they have to have it in their development, it could, it could convince people, some of the developers not to submit their bids. I'm saying that I think that we should keep it on the table and let's see what comes in for the overall for the bid picture here. Some might come in with it, some might not, and at that time, we can choose which direction we want to go. But I'm with you Commissioner Katz. I would love to see the Old High School saved, and I think I've told that to Mr. Gonzales down there, but I think we're putting the before the horse here, a little bit and as Vice Mayor McCray has said, this is in litigation right now. This might be well served to let it sit. It's been sitting here for 20 plus years now. I'm sure a couple more months, I know it is frustrating here, but we have a bigger picture to look at here, as far as this Town Square development starts to develop and as we all know we've been privy to a couple of great meetings with some potential developers here. I know one has it in there; one does not have it in there, so I just would like to see where the process goes. Grant: Commissioner Romelus, do you have any comments before we move? Romelus: As Commissioner Katz stated, yes my election did very well hinge on this topic, and for me personally, I do feel that the High School is fantastic and a beautiful piece of architecture that has been built and has been a cornerstone of this district, my district specifically and of this City. I feel that we need to keep that High School in place and it needs to stand erect and it needs to be the cornerstone of whatever project we do moving on in the future. I believe that this building will be a beautiful asset and allow us to basically blend the.past and the future together. So whatever we do, whatever motion we go forward with, we need to keep the High School in place it needs to stand erect. I do not think we should table this because all we're doing is now kicking it down the curb a little bit more. I feel we need to actually move forward and put something on the docket and do something with this building. Grant: Commissioner Katz do you have one last comment? Katz: Did you Vice Mayor? McCray: Yes. My whole take here is, thank you, the reason I said let's table it is because we are in litigation and right now for us to even be discussing this it is kind of moot. Right now whatever proposals come in, whether to save the Old High School, get rid of the Old High School, we do not have to give the developer the money back right now, that's on the table and I'm just saying, we're probably going to go in June in litigation to find out what is going to happen and I'm just saying a few more months will not hurt the proposals that are coming in, but if we do something hastily now and just like Vice Mayor, not Vice Mayor I'm sorry, Commissioner Casello said we might move some things around and let's see what we get in the whole pot. I'm in favor of saving the Old High School too, but I am not in favor of moving ahead right now. Katz: Mayor? Grant: Um, Commissioner Katz? Katz: Urn, in addressing those concerns of the Vice Mayor and Commissioner Casello with regard to the litigation, I think that just by directing potential bids to know that the High School has to be an incorporation with the Town Square has very little to do with the litigation. I think in fact, and again I talked to the City Lawyer about this and you know I'm kind of free to discuss some of this because it's public knowledge because it's a case that by incorporating it into the Town Square project, or at this point again, we are just voting to make sure the potential people who are proposing ideas incorporate it into their site plans, we are just saying that we are in favor of saving it. The litigation deals with an issue regarding rezoning. And as it stands, if we incorporate the restoration of the High School into the greater Town Square project, there is the potential that it doesn't need to be rezoned and rezoning it and doing exactly what the person who is suing us said that we did to them, we were going to rezone it, but we didn't rezone it and if we decide to rezone it now, we are making their argument for them. I think by incorporating this into the Town Square, by making sure that this building potentially becomes, stays government-owned and zoned as a civic use, a government use building, cultural building, that you know we are skirting the issue of the litigation and I understand that, you know that, at this point is more of a financial matter and I think that by doing this, by potentially proposing that the High School, with regard to potential bids from developers must be incorporated into their plans. You know it's a parallel issue, I don't think that it crosses the path of the litigation. I think it actually might strengthen our case because we don't potentially end up at a point where we are doing exactly what we are being accused of doing, which is saying we are going to zone it for something, then we changed our mind to get rid of this guy is his claim and then going and rezoning it for the exact purpose he claimed that he had been given the bid in the first place, so again, you know I haven't heard the Mayor speak and I know obviously he has stuff to say on this so I'll let him speak, but I am in favor of, in a moment after hearing what the Mayor says, obviously you know potentially motioning just to make sure that bids for the Town Square project are including or must include the preservation and restoration of the High School. LaVerriere: Two separate matters. Grant: Uh, yes I have stated I unequivocally want to keep the Old High School and what this is doing, you know, but however as an attorney, you know I know that any sort of viability study that the City does, you know is public record and can be used against us by the, as a, by the plaintiff and which would consider, which we might be, you know ,shooting ourselves in the foot because any money that we were going to spend on the Old High School is going to have to pay the plaintiff. And based upon you know that, you know that we are on the third motion, a third amended complaint, and I'd like to trust the attorneys that we have that we are going to get it dismissed and a, I do agree with fellow Commissioners Katz and Romelus that any proposals that we do get must include the, must include the Old High School and so it is kind of like on record now, that you know the City Commissioners are not going to really accept or look for any sort of Old Town Square without the High School included. So we've had a motion to table and I believe you know. Casello: Just a, just a point of information Mr. Mayor if I may? Grant: Yes? Casello: That's not what, what we're saying here is if we vote this up tonight, is that we are opening up for, we've already got an unsolicited bid, by Mr. Gonzales and it could generate more bids to come in for the High School, so, now, now we might be isolating the High School from the overall project. That's what, correct me if I'm wrong. Grant: Yeah, that is exactly what I just said is that any sort of new project would include the Old High School, however; on this specific issue is that, you know I'm worried that whatever we learn may be used against us in the court proceeding that is still ongoing, and so do I hear a second for the motion to table? Commissioner Casello: Second. Grant: Okay. All in favor? McCray: Aye. Casello: Aye. Grant: Aye. Grant: All opposed? Katz: No;. Romelus: No. Grant: Okay it is tabled three to two. Alright we are onto legal now.