2019.04.23_TC_Minutes_SpecialM.
lft'!11 • TOWN OF HIGHLAND BEACH
TOWN COMMISSION
SPECIAL MEETING MINUTES
Town Hall / Commission Chambers Date: April 23, 2019
3614 South Ocean Boulevard Time: 1:30 PM
Highland Beach, Florida
1. CALL TO ORDER:
Mayor Rhoda Zelnicker called the Town Commission Special Meeting to order at 1:30
PM.
2. ROLL CALL:
PRESENT UPON ROLL CALL:
Commissioner Evalyn David
Commissioner Barry Donaldson
Commissioner Peggy Gossett -Seidman
Mayor Rhoda Zelnicker
Town Attorney Glen Torcivia
Town Manager Marshall Labadie
3. PLEDGE OF ALLEGIANCE:
The Commission led the Pledge of Allegiance followed by a moment of silence for those
killed in the terrorist attacks.
4. CIVILITY PLEDGE:
Town Clerk Lanelda Gaskins read the Civility Pledge.
5. COMMISSION INTERVIEW CANDIDATES FOR THE VACANT VICE
MAYOR -COMMISSIONER POSITION THAT IS TO BE FILLED UNTIL
THE MARCH 10, 2020 GENERAL REGULAR ELECTION, PER SECTION
1.06(11) OF THE TOWN'S CHARTER:
Mayor Zelnicker welcomed Greg Babij and Douglas Hillman, candidates for the open
seat, and read the interview procedures, which included the following:
a. Each candidate interview is scheduled for 45 minutes. Each candidate will have 5-10
minutes to provide an opening statement and will then answer questions from each
commissioner, along with any possible followup questions as time permits.
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b. To assure the two candidates are treated fairly and consistently, commissioners are
encouraged to read the questions as written. All of the commissioners gave questions
to the town manager, who condensed those into nine questions.
c. Commissioners are encouraged to refrain from expanding the questions or asking
followup questions unless time permits after all, questions have been answered by the
candidate.
d. A question asked of one candidate should in fairness be asked to the other candidate.
e. Each candidate will be evaluated based on their application materials and interview
responses.
f. If there is a pause between questions, it is because commission members are taking
notes. If a question needs to be repeated, candidates are requested to please ask.
g. The non -interviewed candidate will remain in the assigned conference room for the
duration of the other interview. Both will be welcomed back for final deliberations.
h. A public comment period is provided at the end of each candidate interview. As
such, it is requested that the public refrain from interrupting the interview process
with unwelcome noise and comments to ensure a fair and equitable process for each
candidate.
i. The Commission will deliberate on the two candidates after the two interviews, and it
is hoped a decision on the appointment will be made at this Special Meeting.
However, should more time be needed or three affirmative votes cannot be garnered,
an additional Special Meeting may be required.
Mayor Zelnicker thanked the Candidates for filling out the applications.
Town Manager Marshall Labadie, in order to fairly determine the interview order of the
candidates, conducted a drawing of their names, written on paper, from a police hat.
Town Attorney Glen Torcivia randomly drew a name, and it was determined that
Douglas Hillman would be the first candidate to be interviewed. Interview questions
were passed out to all members of the Commission.
A. CANDIDATE ONE — DOUGLAS HILLMAN:
i. Town Commission Interview:
Douglas Hillman thanked the Commission and the Public and made his opening
statement:
Disseminated
"All successful businesses seem to have a few things in common, and that is, they all stay
very, very close in communication with their customers. And the commissions in towns
and cities have all of this in common, and that is, they understand their customers, they
communicate with their customers, and the communications are always two ways. And I
believe that the Town needs to embark on a program to do just that. And a few things
that might be done to accomplish this would be first and foremost, have outreach
programs, because here we are in a commission meeting, and generally, it is the same
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Tuesday, April 23, 2019 Page 3 of 29
people that come to these commission meetings. And although they are very interested,
they really do not represent all of the needs and wants and desires of the Town.
"One thing that could be done is presidents' forums. The presidents' forums could be
accomplished three or four times a year, and when I say presidents' forums, it would be
presidents of condominiums and HOAs. Presidents who could not come, of course, it
could be another director. Nevertheless, these presidents represent the needs of the
condominiums. They know what is happening in their buildings. They have their own
monthly meetings. And these could be agendized meetings, they would be open to the
public to come, and there could be a good give and take on what the needs are of the
community. During those meetings, you could gain input on what is happening in the
buildings, what is happening in the HOA communities, and you could try new ideas and
have new discussions on what the future needs are of the communities.
"Another thing is emails. Right now, I believe that there are probably around six- or
seven -hundred emails of current residents. We should embark on a program to gain
emails of at least 50% of our community. There is some 8,000 total residents here during
the height of the season. If we could get at least 50% of those, we could communicate
with them on an ongoing basis at least once a month to just keep them informed on what
is happening here. I know we are talking about doing a Town Manager's letter. Why not
do it via email? It is a digital world. At the same time, we could gain input from them on
ideas. Anything that we plan on working on, get input from the community. Have a two-
way communication program going. Lastly, it could be easy enough to have
Commissioners join condominium board meetings. Part of an outreach program could be
visiting the condominiums and the HOAs during their meetings. If we just branched out,
including the Town Manager, if just four or five of those meetings, from each of our
Commissioners and the Town Manager, right away we're. hitting 30 or 40 of the condos
at their meetings, and having a nice dialogue.
"The other thing that all successful businesses and enterprises do is they stay current with
their environment. We should be current in our technology, obviously current with
health and safety, which we are, which is terrific. Current with our infrastructure, and we
will talk more about that a little bit later. Beautification — whether it is a product that has
to be kept up to date, whether it is our own environment here that has to be kept up to
date, our buildings, our plants, all of this, always has to be kept up to date. And always
has to be improving.
"In addition, and certainly probably it should have been at the head of the list, is
planning. We desperately need a 5 -year plan. The 5 -year plan has to be detailed, it has
to include financials, and it must include all of the projects that are in front of us. Just to
name a few, storm water management, obviously critical, including things like our street
flooding issue. We need to deal with it. Our beaches, our fire and rescue issue with the
Delray Beach — with the Delray Department. Our sidewalks referendum was defeated; it
was defeated last year for 2.5 million. We still have a sidewalk issue that we need to deal
with. The water treatment plant — I do not know what the condition is. I understand it is
operating at a deficit. We need to take a look at that. It has to be part of our plan. The
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Tuesday, April 23, 2019 Pane 4 of 29
sewer system, what is the current condition? If the condition is good now, is it going to
be needing updates over the next 3 to 5 years. Rising tides. I mean, we can talk all day
long about rising tides, but unless we have a plan to do something about it over the next 3
to 5 years, it's going to occur and we're not going to be in a position to do anything. And
it goes on and on. We also have to monitor the plan once we establish it. A 5 -year plan
is terrific, but we also need a long-term outreach look. What is it going to be over the
next 10 and 20 years? A 20 -year plan is not a detailed plan; it is just a look at what our
financial needs are going to be over the next 20 years. Now, these are not 30 and 40
books to sit on the shelf. These are short-term plans and long-term financial looks that
are living and breathing plans that we continually update and we all sign off on.
"The other is a vision — what's our long-term vision? Once we accomplish these plans,
and we all agree on the vision, then we start to work as a team. And once the team works
together, it is incredible what can be accomplished, because then we debate the strategies
and the tactics as to how to get there, but we are not always debating what the long-term
plan is. Then we start to work with the advisory boards. The amount of knowledge and
talent that sits within our advisory boards is incredible, and these advisory boards then
work on all the tactical issues to accomplish these plans. That then leaves the
Commission to work on the strategic issues to set policy and then to monitor the policy.
That is what I believe the Commission should be doing, and then the Commission
operates like a board of directors does in a business.
"One small example is what we did at Dalton Place. Unfortunately, when I joined Dalton
Place and joined their board, it was a very dysfunctional building. They had no plans.
The systems, the computer systems, were archaic. Their financial systems were archaic.
And there was no communications. So we immediately started to work on
communications. We set up a new website, we started a monthly newsletter, and we
started a series of forums with our community. These forums dealt with tactical issues so
people understood what the problems were in the buildings. We gained input from the
residents. We updated all of the rules. We immediately got with our attorney and
updated the documents, which were original to the building. All of this was done with
resident input. Residents were part of the process. We enhanced the computer systems,
we installed totally new financial systems, and we improved the infrastructure, including
hurricane glass. The residents became part of the process, and all of a sudden, we had
everybody working towards the same common goals. That gave us the opportunity to
develop our plans, and they became part of those plans. We then instituted a 2.5 million
dollar renovation project. The residents were part of that process as well, and the vote
ended up being 90% in favor of it. We financed it through a bank loan. It was a 3.75%
loan; first two years were interest only, so that we could move into it without taxing the
residents. We did it through maintenance as opposed to a major hit on the residents.
Because it was through maintenance, it stays with the property, so that when somebody
sells their property, it gets picked up by the next donor. We did the lobby, the social
room, 16 corridors, kitchen, office, mailroom, the whole package. The loan became
principal and interest for the next five years at 3.75, then it re -amortizes again. The net
result was a 43% increase in the property values, pre- to post -renovation. But the best
part of it all, is over the eight years that I have been the president there, the board has
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Tuesday, April 23, 2019 Page -5 of 29
remained intact. There were two challenges. In both cases - only two elections, and in
both cases, the incumbents won. Meaning that, with proper communications, and with
proper planning, you have people that are involved in the process, and you have happy
people, you have a good run organization.
"I believe if we apply these types of things on our Commission here, we can have a
population that's part of the process, we can have a Commission that's working as one,
and we can accomplish really great things. Thank you."
Commissioner Evalyn David read the first prepared question: "Briefly describe your
involvement in the Highland Beach community, including the organizations and/or
advisory boards to which you currently belong, as well as organizations in which you
have been active in the past."
Candidate Hillman described his involvement with his condominium, Dalton Place, and
its development, Boca Highland, where he is president. He joined the condominium
board shortly after moving there. He was on the House and Grounds Committee and
Rules Committee at first. He became president the following year, remaining on those
two committees. He has been on Boca Highland's board for 5 years, president for last 1-
1 /2 years. He got involved with the Commission last year when there was a permit issue
for the beach club across the street. The Building Department was previously under a
different organization and he had problems with them, describing it as "hitting a black
wall," receiving inadequate response. He contacted Mayor Carl, who was instrumental in
helping with the permit issue and who suggested Mr. Hillman attend Commission
meetings "to see what was happening." He did so, feeling he didn't like what he saw, so
he started attending Commission meetings regularly, and started to get involved. He has
not, however, served on any of the committees.
Commissioner Barry Donaldson read the first part of the second prepared questions,
which is in multiple parts: "What aspects of your current or past occupations will help
you as a Town Commission member?"
Candidate Hillman described his background as "Corporate America," where he served in
many capacities, mostly as a senior executive. That has helped him understand how to
listen, how to gather information, how to analyze that information, how to build
teamwork, how to work with teams, how to motivate people, how to understand why
performance many times is not as we would like it to be, and how to build teams and
work with teams and come to conclusions.
Commissioner Donaldson then read the second part of the second question: "What areas
of your background have specifically prepared you for this position?"
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Candidate Hillman described working with county commissions, advising the Governor
of Maryland on many occasions in business and labor union issues, working with the
Baltimore Police Commissioner on labor and management issues, working with his own
business issues at the corporate level and in the entrepreneurial field, and consulting with
large and small corporations, opining that this background, as well as his work with
condos, would help the Commission. He reiterated that communication and lack of
planning and foresight issues were problematic at many different levels.
Commissioner Donaldson then read the last part of the second question: "What are the
positive attributes you feel you would bring to the Vice Mayor position, and are there any
negative attributes?"
Candidate Hillman confessed to an occasional lack of patience. With maturity, he has
been able to manage this and feels it is under control.
Commissioner Peggy Gossett -Seidman read the third question: "What do you think are
some of the key issues, priorities, and/or policies facing the town over the next 5 to 10
years, and how might we best approach them? For example, water, sewer, stormwater
infrastructure, environmental protection, and/or community improvements? Please be as
specific as possible."
Candidate Hillman stated he believes there is a short-term issue, which is that the
Commission needs to work very hard to get the community to trust the Commission, a
major priority. Longer term, environmental pressures, including rising tides, need to be
dealt with, whether 3, 5, or even 10 years down the road. He believes significant costs
are on the way -- environmental, infrastructure -related, such as in the area of sewage,
storm preparedness, and water treatment. He opined, "That's why we need a plan."
Commissioner Gossett -Seidman inquired if Mr. Hillman wanted to offer ideas for these
issues.
Candidate Hillman referred her to his opening remarks, stating a detailed 5 -year plan was
needed, as well as an outreach financial plan, but did not have specifics of costs without
knowing more. But once costs are known, he suggested the Commission sit down and
prepare for them, relying not just on taxes but on other ways to raise funds. He
mentioned grants and other ways to raise income, and urged action.
Mayor Zelniker read the fourth question: "Have you read the Highland Beach Town
Charter? If so, briefly explain how our government works."
Candidate Hillman agreed he had read the Charter, and that Highland Beach had a town
management form of government with five commissioners, each having one vote. The
Town reports to the Town Manager, who serves at the pleasure of the Commissioners,
each of whom serves a 3 -year term and can serve no more than 6 years in that particular
office, but can serve in other offices.
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Mayor Zelniker inquired as to what the relationship should be between the Commission,
the Town Manager, and his staff.
Candidate Hillman answered that the relationship between Commissioners and the Town
Manager's staff should be purely cordial, social, and that the staff reports to the Town
Manager. Direct assignments should not be given to the staff from the Commission. He
confirmed that Commissioners are policy makers who do not give direct assignments to
the staff, who work for the Town Manager.
Mayor Zelniker remarked on past difficulties with that issue, and that it no longer
occurred.
Commissioner David read the fifth question: "What do you see as the role of advisory
boards, and how to you aspire to work and/or utilize those boards?"
Candidate Hillman gave the opinion that advisory boards are critical to the Town and the
Commission. There is a wealth of talent in the boards, and any shortcoming should be
addressed with more talent. Much of the Town's talent does not wish to work on boards,
so that needs to be worked on — find that talent, motivate them to come work on the
Boards. Boards should do tactical work — analysis, research — and that is where the Town
Manager can get much of his work done. Many have backgrounds in engineering, law,
architecture, etc., and the Town can flourish in these boards. Making better use of the
Boards will prompt the Town to grow faster and fulfill the vision and plan agreed on by
the Town Manager and the Commission. Boards are vital to the future of the town.
Commissioner Donaldson read the sixth question: "Why does the Vice Mayor
appointment to this Commission interest you, and do you envision running for a full term
on the Commission in 20207
Candidate Hillman reiterated his interest in serving the Town. As a board member at
Dalton, he had no higher aspirations, but now that Dalton runs so smoothly, he has time
for other projects — Boca Highland development, for example, or the beach club
renovation. As those projects near their end, he finds he has time available, and enjoys
being busy and giving back. He enjoys serving. Upon hearing about the Commission
opening, several people recommended he consider it. His background and skill set, he
feels, add to what is currently on the Commission, complementing it well. He feels he
can add to the Commission and help, allowing him to give back more. On receiving
clarification on the second part of the question, he agreed that should he find he can
contribute and if he enjoys the work, he would consider running for a full term and
staying on the Commission full time.
Commissioner Gossett -Seidman read the seventh question: "How would you approach
resident concerns if they are in conflict with long-term strategic plans or ordinances?"
Candidate Hillman opined that that scenario was likely to happen. Listening to residents
was key to discovering the nature of the conflict, since they may be "right" — the
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Commission may think one way or the ordinance be set a particular way, but that does
not make it right. So first, hear them out. Second, hear from more than just a few
residents to "get a pulse" on the issue. If the residents' concern were correct, the
Commission would need to make the adjustment. If the residents are wrong, it is
important to note the Commission is not here to make popular decisions, but the proper
decision, after hearing all the input. That can lead to conflict, but it is not a popularity
contest, and unpopular decisions must sometimes be made.
Mayor Zelniker read the eighth question: "Being on the Commission requires a
significant time commitment. Are you willing to commit to such a schedule?"
Candidate Hillman replied, "Absolutely."
Mayor Zelniker explained the rigors of the schedule — emails on holidays, for example, or
the need for Commissioners to be available as much as possible, for regular meetings,
union negotiations, special or emergency meetings. She asked again if the Candidate
understood the commitment to the Town.
Candidate Hillman stated that he understood and was fully committed. He mentioned he
played a little golf, rode his bike, worked out, but that was about it. He confirmed he was
available and committed.
Mayor Zelniker asked again how the duties fit with the Candidate's personal and
professional responsibilities, stating that 49 meetings were held in the last 12 months, and
more than two meetings per month were held, along with calls and emails, on holidays
and the like. It is a 24/7 job, without being paid like a corporation — it is a commitment
and a love of community.
Candidate Hillman stated he did not travel much anymore and has no plans to do so. He
is semi -retired, has the time, and is willing to put it in.
Commissioner David read question nine: "Please explain how you will work as a team
player on the Commission to build trust with the residents, fellow commissioners, and
others to address emerging community issues? What steps would you take to ensure the
financial stability of the Town, -and how will you ensure equitable policies are established
when residents of various incomes live in different types of condos, townhouses, and
single family home properties?"
Candidate Hillman responded to the last part of the question, stating, "That's what our
taxes are all about." Taxes are paid based on property values, and the Commission needs
to be mindful of mil rates and budgets, and be fiscally responsible, doing a value analysis
on spending. Variable costs need to be carefully considered, and cost/benefit analysis on
everything would be advisable. The Commission must look at it line by line. As for the
first part of the question, he remarked, "That's what I do." He builds teams, he is a team
player. With appropriate planning and agreed -on vision, debates would center around
strategies and tactics. A total team effort would follow agreement on a plan and a vision.
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Tuesday, April 23, 2019 Page 9 of 29
He averred that is what he has done all his life. He gave the example of meeting
Commissioner David and putting together a team for her campaign, going up against an
incumbent, and winning. He has built teams his whole life, so working with the
Commission is not an issue. He believes he will work well with the other
Commissioners.
Town Manager Labadie asked for followup questions from the Commissioners.
Commissioner Gossett -Seidman wanted to ask two questions, mentioning that at times,
Commissioners have tried to reach out to people in the community, and many do not
want to get involved. They get mad if you email them and do not want the Town to email
them. She asked how the Candidate would deal with people who have the rights to not be
addressed. How would he address the few people who really do not want to be involved
and just want to work and play and go home?
Candidate Hillman answered he would respect their privacy. If essential to contact those
people, he would try to find a neighbor. Some people do not have email or computers.
Commissioner Gossett -Seidman followed up by asking if the Candidate would consider
running for mayor, should that seat become vacant, which would require resigning the
vice mayor seat.
Candidate Hillman gave two answers: (1) He does not know if he would like to run for
mayor — would he be making a contribution on the Commission? Would he even enjoy
serving? (2) He was not aware he would have to resign if he was going to run for
another position. He would need to confirm that fact. He felt it was premature
considering a mayoral run.
Town Attorney Torcivia agreed to double-check the law regarding resign -to -run law in
Florida, but confirmed that in the Town of Highland Beach; generally running for another
office requires resigning the current office.
Mayor Zelniker stated that applied to advisory boards as well.
Candidate Hillman indicated he would resign from an advisory board position if needed,
and he needed to check about the rules relating to commissioners, but in any case, felt it
was too early to think about.
Commissioner Gossett -Seidman mentioned that the candidate was popular and wanted to
bring up the issue. She promised the attorney would clarify the issue, as this was the
fourth appointment of a commissioner in the past 3 years.
Candidate Hillman clarified his focus was on doing what was right in the long term.
Mayor Zelniker asked if, besides working with his condominium had the candidate done
anything else in the community or was he involved with any activities in the town?
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Candidate Hillman answered he did not, outside of his 1000 -person condominium.
ii. Public Comment:
The Commission opened the floor to public comment on the agenda item only, limited to
5 minutes per speaker.
Fred Rosen, Director at Braemar Isle, commented that both candidates were very
qualified and that both deserved to be on the Commission. He addressed the role of
experience, citing his 50 years of business experience, and that he had worked with the
candidate on a few different projects and found his wisdom and experience exceptional.
With major issues, he has seen the candidate react and handle the situation well.
John Ross of Casuarina agreed the candidates were very qualified. He offered his
concern that the public has `hundreds of questions' but the opportunity for public
comment happens only when the Commissioners are finished with their questions, the
result being the public cannot offer their questions to the candidates. He mentioned a
meeting that was held where the public had the opportunity to ask questions, but only one
commissioner attended. He accused the Commission in this meeting of showing `the
same disdain' for the residents of Highland Beach. He stated that the Commission's
record on understanding the concerns of the citizenry is very poor, and that the public
should be asking questions and voicing their concerns before the Commission asks its
questions, and the Commission should ask those questions of the candidates.
Commissioner Donaldson claimed no knowledge of the meeting mentioned and that an
invitation should have been extended.
An unidentified 97 -year-old resident of Dalton spoke about working with the candidate
for 10 years, and that he is a doer who loves the town. He loves getting things done, as
shown in his work at Dalton, which raised the value of the property and thus brought
increased tax revenue to the town. The candidate will serve the entire town, according to
this resident.
Jane Benjamin, building manager at Dalton Place, has worked with the candidate and has
learned a great deal. She confirmed he is a team player, treats people with respect, and
makes her want to go to work in the morning. The building is like a family because of
who is at the top — Candidate Hillman. He takes care of things, wants what is best for the
community, and really cares.
Jack Halpern of 45 Ocean agreed there were two good candidates, one with primarily a
business background, one with a financial background and experience on the town board.
What stood out at the previous citizen's meeting for the speaker, and was reiterated here,
is that the candidate would not stay for the term of office and would resign to run if that
was legally required. The speaker urged the Commission to wait for clarification of that
issue, and that the town should not back a Candidate who would not commit to stay for
the entire term. Given issues with water and other things to be done, the energy of
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government should not be diverted by going through another appointment process so
soon, if the candidate cannot commit to staying. He feels the decision is clear.
Alan Pollan of 3912 South Ocean Boulevard explained he was the one who asked the
candidates at the citizen's meeting about their commitment to stay. He reinforced it was
important to make a pledge to stay in office because of recent chaos in terms of the
composition of the Commission. The passing of the mayor led to Mayor Zelnicker's
appointment, leaving a vacancy where Commissioner Donaldson was appointed. Then
the Vice Mayor resigned, requiring another appointment process. Time, energy, and
resources are being spent, and the speaker had asked the question due to the importance
in healing and moving on and having the Commission unite in order to get `the best
possible product' from the board. The Commission creates policy, the Town Manager
follows it. The speaker feels it is critical the appointed candidate commit to staying in
office and not seek a different office.
Town Attorney Torcivia clarified the appointment was only until the next election.
Whoever gets appointed will have to run for office next year, whether for the Vice Mayor
seat or running for a different seat. This appointment is only for 10 months.
Mr. Pollan asked if resignation is required if they seek a different office.
Town Attorney Torcivia explained the term is over in any case.
Commissioner David attempted to clarify misunderstandings about the law. If a town
official is running for election, whether for reelection or for a different seat, if you do not
get elected, you no longer have a seat. You have to resign if you do not get the seat, or
you have to resign your old seat if you get elected to a new seat.
Mr. Pollan remarked that the staff had told him the opposite.
Commissioner Gossett -Seidman explained that Florida reinstated the resign -to -run law in
2008, requiring anyone to resign their current position to run for a different office before
the qualifying period, which is generally the 1st or 2nd week of November. That is the
State law. Clarification is needed if that applies to the Commission, because it is not
defined in the charter.
Town Attorney Torcivia clarified that whoever is appointed today will serve until March.
Whether you are resigning or your term is ending, the position is over. So as of March,
whoever is appointed today will be out of office. They can then decide to run for
whatever position they want.
Mr. Pollan posed a hypothetical to further clarify the issue, stating it was in November
that the choice would have to be made, and wanted to confirm that qualification and
filing for election was required.
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Town Attorney Torcivia posed his own hypothetical, stating the effective date of any
resignation is not until next March. So one can resign to run, but the resignation takes
effect on the day of election (in this case, next March).
Commissioner Gossett -Seidman gave an example from Ocean Ridge, where a mayorship
was resigned in November, and a sitting mayor was appointed to complete the term until
March, and voiced concern about the effect on this Commission, where one has to resign
by the qualifying period, which is November.
Town Attorney Torcivia clarified that the mayor in the example announced he would
resign in the summer and it was effective the date his new position would start, which
was November. In this case, the term is for 11 months. The term is then over.
Mayor Zelnicker concurred that it warranted further investigation. She gave her own
example that she herself ran in an election while remaining Commissioner. She did not
have to resign until the election took place. Had she lost, she would not have been a
commissioner. She did win, however. She agreed it was not clarified in the Town
Charter.
Town Manager Labadie gave an example of former Mayor Feldman who was a sitting
Commissioner and ran for mayor and finished out his term as a commissioner before he
became mayor. He declared by the December deadline what position or seat he was
going for, but he was allowed to finish his current term, and as a result of the election, he
switched his spot.
MayorZ.elnicker agreed that is how it has been done. A charter review was
recommended, and an update to the charter needed.
Mr. Pollan reiterated the importance of the question, that it is critical to get a commitment
from the candidates.
Commissioner Gossett -Seidman recommended the issue be reviewed and corrected in the
charter, and that the candidates be asked to stay on since the residents are asking for
continuity in the town government.
Town Attorney Torcivia reviewed the charter and stated it matched the State law, that
you have to "submit your resignation to run for another office" by the qualifying period.
But the effective date is the end of the term. So one is required to resign prior to
qualifying on the day one files and one must pay the fee. He announced he would do the
research and present at the next meeting as to whether that resignation would be effective
in November or in March.
Jack Halpern spoke as a postscript. He stated if someone is not committed to run the
whole term, okay, they have to resign in November. If someone is going to turn around
and run for mayor in November, their mind is running for mayor in November and they
are not the vice mayor of this Commission, and that is where their energy needs to be.
Town Commission Special Meeting Minutes
Tuesday, April 23, 2019 Pale 13 of 29
He would like to see someone whose energy is running with the board for the term of this
position.
John Ross spoke again, citing an example that he received a letter stating if he wanted to
run for the Commission, he had to resign from the advisory board, 2 years 6 months
before his term would have been up. If a Commissioner can stay on until the day of their
new appointment, that privilege should be extended to the advisory boards.
Town Attorney Torcivia clarified from the charter that if you are a member of an
advisory board, your resignation is effective that day. If you are a member of the
Commission, it is not. Reading from the charter: "Any person holding an appointive
position on a town committee or board or any town employee, shall be required to resign
from such position prior to qualifying as a Candidate for mayor, vice mayor, or
commissioner."
Commissioner Gossett -Seidman stated, "It is an appointive position."
Town Attorney Torcivia further read: "This section does not apply to a person, who
holds the office of mayor, vice mayor, or commissioner." So anyone who holds those
positions does not have to resign on the day of qualifying. State law applies, which says,
the resignation is effective on the date that the office ends. So there is a difference in the
charter.
Mr. Ross claimed this is typical of the disdain the Commission has for everyone else in
the town, with different rules for advisory boards.
Mayor Zelnicker highlighted that the town charter contained those rules, and that a
review is needed.
iii. Motion to Recess for Five Minutes:
MOTION: Commissioner David moved to recess for five minutes. Commissioner
Gossett -Seidman seconded, and a five-minute recess was taken.
B. CANDIDATE TWO — GREG BABIJ:
t. Town Commission Interview:
Mayor Zelnicker reminded the Candidate of the rules read at the beginning, and that other
questions asked of the first Candidate would be asked of this Candidate. Everything
would be "exactly the same."
Greg Babii announced his opening statement would be between 5 to 10 minutes:
"For the residents and the Commission, my name is Greg Babij. For those of you
who do not know me, I live in Belvido (ph). I am a 12 -year resident of Highland
Town Commission Special Meeting Minutes
Tuesday, April 23, 2019 PalZe 14 of 29
Beach. I am currently the chair of the Financial Advisory Board. I have been the
chair since 2017. I am the original chair of the Highland Beach Police Foundation in
2012, and I am still on that board right now. I understand that if I do get appointed,
those responsibilities on both end.
"I'm fortunate to have participated in a variety of town challenges over the last bunch
of years — labor union negotiations, annual budgets, investment portfolio asset
allocation. I am a civil engineer by education. I graduated Bucknell University in
1995. 1 have been a financial professional for the last 25 years, and I have pretty
much done everything in finance that you can think of. I actually started by raising —
issuing bonds for companies. I have done portfolio management, traded, sold, wrote
research, pretty much everything you can come up with. I am currently the CEO of
an alternative asset management firm.
"My education and my experience is certainly a complement to everyone's skills up
on the Commission. It is a little bit different than everyone. I also have some unique
skills that I have not really talked a lot about. I am a big proponent of studying
decision-making, studying framework around decision making, and studying
something that is called mental models, which has been a pretty popular thing lately,
and we can talk about it if you want.
"All right. Why am I here? I am here because a variety of different people suggested
I apply for the position based on my background and my service, and I actually spent
a lot of time thinking about it before I put my application in. It was not a lightly
committed thing. If the Commission does choose me, I will commit to serving the
whole interim position until March 2020. Full stop. I am not running for mayor in
2020, although some people have suggested I should do that. My service is going to
be always what is best for the town, not necessarily, what is best for me. So I'm
concerned that if I were to get appointed for this and then try to run for something
else, Commissioner Gossett -Seidman made a very good point that that person would
have to leave in November, and that would leave yet another hole, and I don't think
that's what's best for the town. I think it does a bit of a disservice, so I am sure this
question is going to come up, I thought I would just be transparent about it. If I am
appointed, I will commit to the whole period.
"And then from that point on really is up to the residents on what happens. I actually
like this as an interim position, whether it is Doug or myself, I think this is a really
great thing. I mentioned something in our anti -debate because it was not really much
of a debate. Doug and I pretty much agree on almost everything that we discussed.
But this is a great chance for the residents to get a try -before -you -buy — whether it is
Doug or me. And I think that is phenomenal, because they only have to get to know
that person for 10 months and see how they go and if there is overwhelming support
for them, I am sure that person will run for another spot.
"I have a variety of general and specific views. Therefore, I will share them to kind
of prime the pump with the questions and you know where I am coming from. In
Town Commission Special Meeting Minutes
Tuesday, April 23, 2019 Pane 15 of 29
terms of general views, I would like to bring a little bit more of a framework to
decision making around complex problems. Not that there is an issue with how
decisions are being made, I just think frameworks are lines in the road that make it
easier to make complex decisions. Everything we are facing now is much more
complex than it was 20, 30, and 40 years ago, because we have a lot more
information. Therefore, that means the process of making decisions needs to evolve
as well.
"That framework actually includes a set of principles which I put together for myself,
and I'd be happy to share them with you at any point if you want, but the set of
principles is really more like a roadmap or a checklist on how to make sure not falling
into traps of bad decision making.
"Other general views — I very much am a big proponent of leveraging the expertise of
the residents, and you probably heard of something, a theory called the wisdom of
crowds. And the one things I have noticed, particularly over the last two years in the
positions I've had, some of the best ideas, whether it was around the referendum,
around items the financial advisory board has faced in the past, really some of the
best ideas have all come from the residents, not necessarily me. That I am a big
proponent of leveraging. And the same thing goes for advisory boards. I have talked
to a lot of people on the different advisory boards. They are really a bunch of mindful
and smart people, so I would love to see that leveraged as much as possible.
"In terms of specific views that I have, specific views are from now until March
2020, I personally don't think any major changes in policy are supposed to happen.
There has been a lot of turnover in the Commission. There is going to be two
appointments. There has been some shifting around on the Commission. That is
probably not the best group to make overwhelming sweeping changes. That does not
mean nothing should be done. I am a big proponent of collecting information and
figuring out some sort of strategic plan for the beaches. It is a complex problem and
it is probably going to have a complex answer. It is not something that should be
taken lightly. It is a great time to gather some information.
"I'm a proponent of enabling the Town Manager to move forward on fixing the
ponding in conjunction with the Planning Board, and in conjunction with some of the
input from the residents. There have been a variety of residents that have had
comments on how some of this can be addressed. The Planning Board has had some
comments on drywells and other ways. There is certainly a variety of ideas out there
that can be done. I think an important part of it is that everyone recognizes the
problem we have around ponding is — it is a twofold problem. It is a resident problem
and it is a town problem. Some of the residents may have filled in swales or made
their properties relatively steep, and the town did not necessarily enforce the building
codes that were in place to prevent that stuff from happening. So it cannot just be a
stick approach. There is two ways to get a horse to move, a carrot and a stick. It has
to be a carrot and a stick approach. It has to be a unified approach to get that solved.
Town Commission Special Meeting Minutes
Tuesday, April 23, 2019 Paoe 16 of 29
"Other specific views I have are around strategic plans in the budgeting process. The
Financial Advisory Board can certainly assist with that, but the Town Manager has
some good ideas around this stuff from his previous employment. Let us leverage
and embrace that.
"A few other things. With the referendum that went on, let us put things like
underground power lines and adjusting the walk path just aside for now. The
residents spoke. Let us figure out some of the other things that need to be taken care
of. Plus, we get a really nice live model in what is going on with underground power
lines, because you have the lawsuits and all the issues going on in Palm Beach. Let
us see how this all plays out. We could actually probably learn a lot from it.
"A few other items. We have some cost issues coming. We have a solid waste
contract that is coming up. We have some interesting turnover going on in Delray at
the moment with a new police chief and Neil DeJesus taking an interim role. We
have a fire contract with them and not a lot of clarity. Certainly, it is a contract we
are locked into. There is not a lot we can do about it, but there is also not a lot of
clarity on what their budgeting is going on. And they're a town that does pretty
robust budgeting, so let's figure out some of these costs that are coming up and let's
figure out the best ways to address them. Let us get a better handle on the water plant
costs. There has been a lot of comment on a rate study. A rate study is just an
investigation list. Just, again, use this time to gather some information.
"And the last two things — employment cost efficiencies. We are now over 50
employees. Either we could probably get healthcare for less or maybe we can get
better healthcare for the same dollar amount, now that we are over 50 employees. Let
us spend some time looking into that.
"And the last and most -important to me is, let's find some better ways to get public
input and the word out for residents, and there are a variety of different ways to do it.
There has been some great commentary from residents on how Delray has the ability
to use a straw poll before they do any referendums. Interesting concept. Actually
could give us an early read on many things that are going on. We could certainly try
to use things like Survey Monkey or other technologies to get a better flow of two-
way information. To and from the residents.
"So these are some general and specific views, and to conclude my opening
statement, I feel a commissioner's job is to leverage appropriate decision making
skills, ask the right questions, and help promote a progress that's efficient and
prudent. That is what I hope I could do. That is about it. So I'll take questions."
Commissioner Evalyn David read the first prepared question: "Briefly describe your
involvement in the Highland Beach community, including the organizations and/or
advisory boards to which you currently belong, as well as organizations in which you
have been active in the past."
Town Commission Special Meeting Minutes
Tuesday, April 23, 2019 Page 17 of 29
Candidate Babij highlighted four: (1) The Financial Advisory Board. The Candidate
joined in 2017 as vice chair and took the chair position after 3 months, still serving that
position today. (2) The Highland Beach Police Foundation. The Candidate has been on
that board since 2012, and still serves on it. (3) The Finance Council at St. Lucie's
Church. The Candidate joined that 3 months ago. (4) The Candidate has lived in
Highland Beach for 12 years, several years at Ocean Place Estates, where he served as
homeowner association president.
Commissioner Donaldson read the first part of the second prepared questions, which is in
multiple parts: "What aspect of your current or past occupations will help you as a Town
Commission member, and what areas of your background have specifically prepared you
for this position?"
Candidate Babij answered the first part, stating his unique skill set included his
engineering background, being relatively mathematical, and having a finance
background. The engineering background includes knowledge about designing roads and
bridges and looking at flow of water. The Candidate believes this could help bridge the
gap between professional engineers' presentations and residents' understanding. He
enjoys tinkering and likes engineering matters. His past work in finance, such as when
he raised money for large corporations, gave him knowledge of rating agencies, bond
issues, bank loans/leverage loans, and he understands how capital works, as well as
budgets, income statements, cash flow statements, and the like.
Commissioner Donaldson then reread the second part of the question: "What areas of
your background have specifically prepared you for this position?"
Candidate Babij feels he answered that question with his previous answer.
Commission Donaldson then read the final part of the second question: "What are the
positive attributes you feel you would bring to the Vice Mayor position, and do you
perceive any negative attributes?"
Candidate Babij feels he has perceived both. Positive attributes. are that he is not a yeller,
not a screamer. He has a calm demeanor, even when annoyed. In heated situations, he
tends to Stop; Breathe, and Think, then open his mouth. He feels his demeanor is not
antagonistic. Negative attributes are that he is not easily swayed by other's opinions and
is not afraid to express his own opinion, letting people know how he feels. He expects
others to challenge him on his opinions, and really enjoys thoughtful disagreement. He
feels he has "strong views held loosely" — if someone has a better understanding of a
situation and he can learn from it, he can change his opinion if he is wrong. But he holds
his own position firmly until proven to be wrong.
Commissioner Gossett -Seidman read the third question: "What do you think are some of
the key issues, priorities, and/or policies facing the town over the next 5 to 10 years, and
how might we best approach them? For example, water, sewer and stormwater
Town Commission Special Meeting Minutes
Tuesday, April 23, 2019 Pane 18 of 29
infrastructure, environmental protection, and/or community improvements? Please be as
specific as possible."
Candidate Babij believes there are some major and some minor issues upcoming. Aging
infrastructure in the sewer might need small repair. Medium issues — some solution to
the ponding situation is needed, and a variety of ways to do that. Major ones include
what to do about the beach, which is a complex problem. Today, due to knowledge about
environmental impacts, answers are more complex. He gave an example of putting in
jetties, which can have negative impacts on parts of the beach. Sea level rise is more of a
30 -year problem, and the solution needs to match the duration of the problem no need
to panic on it at the moment.
Mayor Zelniker read the fourth question: "Have you read the Charter of Highland
Beach? If so, briefly explain how our government works. In your view, what should the
relationship be between the Commission and the Town Manager and the staff?"
Candidate Babij explained he had read sections, not all of the charter, particularly as
needed for specific Commission meetings or topics he was interested in. The Candidate
made the comparison of the Town Manager as the CEO of the organization, the
Commission as the Board of Directors, setting policy, serving as a sounding board, and
not implementing policy. The Town Manager should be implementing policy and
bringing items to the Commission to say this is what we need to work on and here are my
solutions. A municipal pyramid, in his opinion, is the opposite of a corporate pyramid.
The residents are at the top of the pyramid and the CEO/Town Manager at the bottom,
because the goal is to get done what the residents want in an efficient manner.
Commissioner David read the fifth question: "What do you see as the role of the
advisory boards? How to you aspire to work with and/or utilize the advisory boards?"
Candidate Babij stated that, as an advisory board member himself, he feels it an
important role, and that "No one is smarter than all of us combined." He gave an
example from his past, when he realized the advisory board members collectively had the
information needed on an issue, with the varied backgrounds and information held by the
members. The same goes for the Planning Board, the Adjustments and. Appeals Board,
and witnessing their meetings, for example, he learns many things by listening to the
knowledge of others. Leveraging that expertise is important. The Candidate would like
the boards to be utilized in both a formal and informal capacity, meaning meeting for big
projects or issues as they do now, but he would like to see more informal meetings as
well, where members get together to take a look at something and give general opinions,
without a formal report, in order to collect knowledge and give the Commission a chance
to make an informed and educated decision.
Commissioner Donaldson read the sixth question: "Why does the Vice Mayor
appointment to this Commission interest you?" Do you envision running for a full term
on the Commission in 20207
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Tuesday, April 23, 2019 Page 19 of 29
Candidate Babij clarified that the vice mayor has no additional responsibilities other than
running the meeting if the mayor is absent, so it is essentially a commissioner
appointment. The Candidate is interested for the benefit of the town, not for himself. He
feels he understands what is going on in the town, particularly from a financial
perspective. His decision-making skills would help in the transition to March 2020. He
does not intend to run for mayor. The residents need to try before they buy — do they like
how he thinks, votes, and he needs to also assess his fitness for the job. His chairing of
the financial board is mostly evident when he brings someone back to the point at issue —
others are just as vocal and opinionated. Who can help the town best in the seat is what is
important to the candidate, whether it is himself or someone else.
Commissioner Gossett -Seidman read the seventh question: "How would you approach
resident concerns if they are in conflict with long-term strategic plans or ordinances?"
Candidate Babij believes commissioners set policy and do not implement it. There
should not be a lot of personal opinions in it. First, one goes to the Town Manager, who
has a plan and is implementing it. If there is a conflict on the part of the resident, that
may not be a conflict for the Town. If there is a conflict for the Town, the Town
Manager's expertise will result in proposing possible solutions. The Commission then
needs to analyze the issue come up with a framework on how to correct it, and then vote
on correcting it.
Mayor Zelniker read the eighth question: "Being on the Commission requires a
significant time commitment. Are you willing to commit to such a schedule? How do
the duties and responsibilities of the Vice Mayor/Commissioner fit with your other
personal and professional responsibilities?" Mayor Zelniker mentioned that
Commissioner Seidman believed the commitment was only two meetings a month, but 49
meetings were held in the last 12 months, and she wanted to be certain. the Candidate
understood the requirements of the position.
Candidate Babij remarked that he did not take a lot of vacations, just one a year, and
would not be at a Commission meeting in July. However, one limitation this Candidate
has that the other does not is he works currently. He can make the Commission meetings.
Yes. He will not be able to make every advisory board meeting due to his job. This
represents another reason he will commit until March 2020 but not necessarily after, to
see how this works, how much time is demanded. He feels he has great abilities to read
and digest material, and during the referendum, he gave a great amount of time, and that
was fine.
Mayor Zelnicker asked the Town Attorney if a Commissioner can call into a meeting if
they're not present? It had happened in the past, but more recently, someone tried and
was told that one cannot call in. She reiterated the question, "Can you call in?"
Town Attorney Torcivia stated that as long as a quorum is physically present and there is
a good reason the person is not at the meeting, and as long as the public can hear, the
Commissioner and they can hear the public.
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Tuesday, April 23, 2019 Paj4e 20 of 29
Mayor Zelnicker asked for a clarification on vacation. Because the summer meeting was
a budget meeting, where someone like the Candidate would really be needed, would it be
possible to call in?
Town Attorney Torcivia stated he would have to look into whether vacation qualified as
the type of circumstance addressed by the statute.
Candidate Babij clarified that he does not intend to call in unless it is the July meeting,
when he will be in the northeast.
Commissioner David read the first part of question nine: "Please explain how you will
work as a team player on the Commission to build trust with residents, fellow
commissioners, and others to address emerging community issues?"
Candidate Babij believes trust comes from having experience working with him. He
believes the Commissioners know how he thinks, speaks, presents, and analyzes from his
Financial Advisory Board meetings. Experiencing him participating in a dialogue,
challenging without attacking and trying to come to a better overall result will come over
time. Trust from the residents is a bit of the same. On the Financial Advisory Board, he
has residents bringing him ideas and views and potential solutions. Much of the trust
comes from listening to their input, distilling it down and implementing some of the
things that they suggest that make sense.
Commissioner David read the second part of question nine: "What steps would you take
to ensure the financial stability of the Town?"
Candidate Babij suggested that the town was in a relatively good spot in terms of
stability, upcoming expenses, millage rate, and available cash. He believes real estate
prices are going to flatten out, meaning the millage rate might have to go up a little bit.
Mindfulness about spending is important, and should be items of real, true benefit for the
town. Past spending was not always on infrastructure or improvement -type items, but
going forward, the Candidate recommends spending on efficient capital improvements.
Commissioner David read the final part of question nine: "How will you ensure
equitable policies are established when we have residents of various incomes living in
different types of condos, townhouses, and single family homes?"
Candidate Babij believes we live in a barbell community, where some residents are
retired on fixed incomes and others generate good wages or have a nice nest egg. The
solution is to come up with policies that do not weigh heavily on fixed-income residents.
Since the town is not in a bad financial state, imposing heavy taxes should not be
necessary. The Candidate claims to be well aware of the inequities.
Commissioner Gossett -Seidman had additional questions asked of the other Candidate:
"Would you maintain the position, if code or charter required, would you resign in
November to run?"
Town Commission Special Meeting Minutes
Tuesday, April 23, 2019 Page 21 of 29
Candidate Babij stated he was not resigning for any other position in November. He also
is not committing, should he be appointed as Vice Mayor, to run for that position again in
2020 until he knows how the residents feel and he determines if he can do an exceptional
job at it.
Commissioner Gossett -Seidman raised the issue of better communication with residents.
"What about the people who do not wish to receive emails or correspondence or phone
calls or straw polls and just wish to have their electric, water, and access to their home?
How would you handle those types who don't really want to be involved?"
Candidate Babij remarked that more efficient one-way communication would be the goal
— more information on the website and in publications like the Coastal Star, for example.
Individual mailers would not be cost effective and might be annoying to residents, unless
it is, for example, quarterly, but the goal is for efficiency.
Mayor Zelnicker had a followup question: "What other community volunteer projects
outside of Highland Beach have you been involved with?"
Candidate Babij remarked that he was all full up at the moment. He believes in
concentrating his efforts, in the advisory board, for example, or the finance council for
the church and the police board. He will concentrate his free time efforts into doing what
he likes to do. He is not doing anything outside of Highland Beach.
Mayor Zelnicker addressed the schedule commitment for Commissioners, receiving
emails or calls even on holidays. "Will you be able to respond back to these people?"
The Mayor acknowledged the Candidate's young family and many commitments.
Candidate Babij remarked that in his role on the advisory board, there were many
weekends and other times he would get calls from Commissioners, and had no problem
with that. Answering emails and phone calls is part of what he has been doing and is
great, as he feels he gets more and more ideas the more engagement there is from
residents.
Mayor Zelnicker asked for confirmation that the Candidate would not run for Vice
Mayor, or to clarify his position.
Candidate Babij confirmed he would firmly commit to the term currently being appointed
— from now until the March 2020 election. Beyond that, he believes in `try before you
buy.' He wants the residents to feel good about his representing them and that he is
making good decisions, and he wants to feel he is doing a good job. Should those two
things be working, then he is open to running for the same position in March 2020.
Mayor Zelnicker brought up the earlier controversy about resigning to run, and asked the
attorney to clarify.
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Tuesday, April 23, 2019 Pap_e 22 of 29
Town Attorney Torcivia clarified that he would serve this term and come March, the term
would end and he would be free at that point to run for any office, including the same
office. He would have to qualify for that office in November, but he would not have to
resign in November.
Mayor Zelnicker reinforced that the Candidate could run to be the Vice Mayor in
November and would remain in the position until March.
ii. Public Comment:
The Commission opened the floor to public comment on the agenda item only, limited to
5 minutes per speaker.
David Axelrod of Toscana and Chairman of the Planning Board concurred there were
two excellent candidates. He opined that Candidate Hillman until recently had no
knowledge of the running of the Town. Candidate Babij had immediate and direct
knowledge of what is going on in the Town. As a member and chair of an advisory
board, involved with the police foundation, he is experienced in this town, especially
regarding finance. He believes Candidate Babij was responsible for the 95% change in
the vote on the referendum. The magic word is experience, with the Town, with the
Commission. The Candidate knows what is going on with millage rates, with what the
town needs. That is the major difference between the candidates — Candidate Babij can
walk in and know what is going on with the Town.
Dr. Rick Greenwald of Tranquility Drive commented on his vast experience with
conducting interviews, giving ample examples, and remarked there were two excellent
candidates. He strongly supports choosing Candidate Babij because of his service to the
community — his role in the referendum, his educating of residents about financial
matters, his leadership of the Finance Advisory Board. Candidate Babij always exhibited
professional behavior and a calm, dignified demeanor. He provided rational research,
thought, discussion, and consensus building. In addition, his background in engineering
and finance would serve the Commission well, as well as his service on the advisory
board. Extra regard should be given to prior service, relevant experience, and
demonstrated collegial behavior and demeanor. The speaker remarked that should
Candidate Babij be selected, he hopes the other candidate will consider joining an
advisory board and getting involved in the town. Should Candidate Babij not be selected,
he hopes he will continue to serve as finance chair.
Alan Pollan of Regency Island complimented the previous speaker's words. Having
served with Candidate Babij on the Finance Advisory Board and seen him in action, the
speaker believes the Candidate will integrate himself with the other Commissioners, has
an even-tempered demeanor, is well disciplined, and believes it imperative that the
Commission select a person who can build consensus and help the town heal and achieve
harmony. Candidate Babij does have the experience needed for upcoming critical
decisions, such as the budget, and will make it easier for the Commission given his
gentlemanly behavior, respect for the Commissioners and their history, and the like. He
Town Commission Special Meeting Minutes
Tuesdav, April 23, 2019 Page 23 of 29
is an exemplary illustration of commitment, passion, and bringing a beneficial skill set to
the group.
John Ross praised both Candidates. He chided the Commission, stating something was
wrong with the process when it is not clear what the ground rules are. He advised sitting
down with the Town Manager and Town Attorney to clarify the issues discussed earlier.
He remarked that talking to the public, for example on the past Wednesday meeting, was
critical. The question at issue would have been heard then and advice could have been
sought from the appropriate people. If in the future there is a misunderstanding about the
basis of a decision or any rules surrounding it, he advises seeking advice.
Dart Kosofski from Villanova remarked both Candidates were superb. He knows
Candidate Babij and that his leadership position in the recent large economic question
helped the residents make a well-informed decision. He hoped the Commissioners who
held opposite opinions from Candidate Babij would not hold it against him, that people
with differing opinions and expertise were needed. He believes Candidate Babij would
bring that to the Commission, along with his experience.
Jane Benjamin remarked on the excellence of both Candidates. However, she questioned
why Candidate Babij was not influential enough to change their minds about the
referendum. She commented that Candidate Hillman would be new to the Commission
but had experience in business and organizing groups together. She stated that just
because he would be new doesn't mean he wouldn't be fantastic.
Jack Halpern remarked there were two good candidates, one a business man/condo
president, the other an engineer and finance guy with a strong background in the Town.
He worked closely with Candidate Babij for four months, communicating over phone
calls, text messages, emails, 7 days a week. The Candidate was very helpful, very
straightforward, and got his points across in a solid manner. He is reliable and a good
friend. He recommends choosing someone who knows what's going on, can help move it
forward, and will stay the whole term.
Fred Rosen referred to the candidates as the young bull and the old bull, and remarked it
will be a tough decision. The Commission needs stability and someone who understands
how to get things done. Whoever does not get the position he hopes will run in March.
iii. Motion to Recess for Five Minutes:
MOTION: Commissioner David moved to recess for five -minutes. Commissioner
Gossett -Seidman seconded, and a five-minute recess was taken.
6. COMMISSION RECONVENES FOR FINAL DISCUSSION OF THE
CANDIDATES FOR THE VACANT VICE MAYOR -COMMISSIONER
POSITION:
Town Commission Special Meeting Minutes
Tuesday, April 23, 2019 Page 24 of 29
Mayor Zelnicker gave instructions on the open discussion about the Candidates. She
asked the Commissioners if they wanted to discuss the Candidates and then make a
motion, or vice versa.
Commissioner David suggested a vote be taken and "see what happens" — if a reason for
discussion became apparent, a discussion could follow.
MOTION: Commissioner David moved to take a vote on the Candidates.
Commissioner Donaldson seconded. Mayor Zelnicker called for a vote on the
Candidates for Vice Mayor.
UPON ROLL CALL:
Commissioner David - Yes
Commissioner Donaldson - Yes
Commissioner Gossett -Seidman - Yes
Mayor Zelnicker - Yes
Motion carries on a 4 to 0 vote.
Commissioner Donaldson spoke first about the candidates. He commented it is a much
improved process so far. He went back to the questions asked by the Commission, into
which a lot of thought was put. He attempted to keep score on the responses to the
questions, and ended up feeling one candidate was a step further than the other. On
several questions, the candidates were tied, with good responses. On others, they had
good answers but he got more out of one candidate. Therefore, he nominates Douglas
Hillman for the position.
Commissioner David agrees that both candidates are excellent. She also wishes to
nominate Douglas Hillman, given his experience working on boards of directors,
experience needed by the Commission. She feels the Candidate can turn the Commission,
into a cohesive unit right at this moment.
Commissioner Gossett -Seidman wished a sixth seat on the Commission was possible.
She supported the code and charter review going forward. She expressed concern there
were too many candidates — in the past, no one ever wanted to run for the Commission.
She put her support behind Candidate Greg Babij because of his involvement in the
community. If Candidate Hillman had served on any town board for even a short time,
she might feel differently, but Candidate Babij has been involved, he knows the people,
the boards, the Commission, the policies, the ordinances, the charter, and that difference
is what she bases her recommendation on. She hopes Candidate Hillman will join a
board if he does not get voted in, and hopes Candidate Babij will remain on the board if
he loses the vote. She reiterated the value of Candidate Babij's experience and
knowledge of the town charter, also citing Candidate Hillman's value as a builder and
doer. She ultimately feels Candidate Babij has been more involved in town matters. The
learning curve is steep for the position, so Candidate Babij has extra value in that regard.
She hopes both candidates stay with the Town in some capacity going forward.
Town Commission Special Meeting Minutes
Tuesday, April 23, 2019 Page 25 of 29
Mayor Zelnicker also supports Candidate Babij for the open position. She knows
Candidate Babij and has gone to him for advice. She believes Candidate Hillman will
run in the next election, to the town's benefit. Mayor Zelnicker found a financial issue
regarding bank cards and went to Candidate Babij for help. In the end, Babij saved the
town a lot of money. He reinvested money and made money for the town. She believes
he will be a congressman or senator one day. She also urged Candidate Hillman to be
part of the town government, but for this vote, puts her support behind Candidate Babij,
citing examples of knowledge that the Candidate has about complex town issues. She
has gone to him about financial issues, union issues (and he has been involved in every
union negotiation), and he has put in his time. The money he saved the town, the things
he has done for the town have been tremendous. She would love to see Candidate
Hillman get involved on the advisory boards and run for the Commission next year.
Town Manager Labadie confirmed the results of this vote are a tie, 2 to 2, which results
in a no vote. No candidate will move forward. The Commission needs to continue
discussions to resolve the issue. By charter, the Commission has until the 27th to make
the appointment. He leaves it to the Commission to resolve the impasse.
Mayor Zelnicker wanted to move to appoint Greg Babij to fill the Vice Mayor seat, but it
was pointed out that a motion was still on the floor. Mayor Zelnicker confirmed a
discussion was had and the Commission was now tied.
Town Attorney Torcivia checked with the Clerk to confirm a motion was made by
Commissioner Donaldson that was seconded. The Clerk confirmed that it was a motion
to discuss. A discussion was had to clarify if Commissioner Donaldson made a motion to
appoint a Candidate.
Mayor Zelnicker confirmed a vote was taken, it resulted in a 2-2 tie, and now the
Commission had to continue until a resolution was achieved.
Commissioner David commented she doesn't put as much stock in having previously
served on a board or committee as the others seem to. Life experience is equally if not
more important. Previous board service does not necessarily lead to educated decisions
or knowing the Town any better. She believes the candidates both know many people in
the town. The differences in their backgrounds is significant but does not distinguish one
over the other. Both have wonderful experience, but electing Candidate Hillman means
Candidate Babij would still serve on the Financial Advisory Board so he would still
contribute his experience and financial knowledge. She gave an example that Candidate
Babij's advice was not always followed and he was cut out of the process, and that was
troubling.
Mayor Zelnicker answered she did not cut him out of the process. Rather, she was voting
to keep the referendum on the ballot, believing there is nothing wrong with voting and
people had a right to vote. Previous commissioners voted to put the item on the ballot, to
split it in pieces, and even Candidate Babij concurred maybe one of the items should go
on the ballot. The Mayor stated she and the Candidate have not always agreed and have
Town Commission Special Meeting Minutes
Tuesdav, April 23, 2019 Paae 26 of 29
agreed to disagree, in a very civil manner. The positive was that 2000 people came out to
vote. She believes Candidate Babij has been involved in important town decisions.
Interruptions came from the audience. Town Manager Labadie reminded everyone to
keep the conversation on the dais.
Mayor Zelnicker, despite any votes she made, respects Candidate Babij and what he said,
but in this case did not agree with him, and she continues to support him. There are
things Candidate Babij did for the town that might not be generally known.
Commissioner David remarked that if she still doesn't know those things, there's a
problem. She should have been informed.
Mayor Zelnicker cited the Sunshine Law, stating if the commissioner had watched 2
years of meetings, she would have known what happened.
Commissioner Gossett -Seidman spoke about her 8 years of being involved in the town
government to explain why she voted for Candidate Babij. She gave an example of a
subcontracted building company that received 50% of revenue, 1.8 million for one man
for 8 years. That company was required to reprocess building permit revenues back into
the permitting and building fund. Information on that was difficult to find and was
lumped in with protective services. Candidate Babij assisted the Commissioner on
working to clarify that information. He also assisted the Commissioner in reviewing the
codes for her association. In the Ocean Walk matter, a town planner gave false
information to the Commission. Candidate Babij assisted the Commissioner in reviewing
the numbers, and he assisted other Commissioners. The Town Manager's department
had paperwork piled up from previous town managers, who had been fired by previous
commissions. The Town needs to be fixed. Transparency and truth has to take over, and
nonsense, such as things disappearing, has to stop. Candidate Babij has been there for the
Commissioner and the Commission through the situations which should have been
handled better by previous members. It's true that Candidate Hillman is a great guy,
beloved and competent, but the Commissioner does not have the personal experience
with him that she has with Candidate Babij. She feels strongly about this, and she wants
to do the right thing for the people in the Town. She feels Candidate Babij is tried and
proven. She would like to see him continue and to see Candidate Hillman get involved,
get on a board, get his people more involved in town hall.
Commissioner Donaldson recognizes Candidate Babij's contribution to the community.
He has had policy disagreements with the Candidate, always kept at a good level. He has
a lot to contribute. He believes there is a sense of trust and organization and sensibility
on the current commission as it explores its relationship with the community and works
to get in a better position with the community. In this regard he felt more comfortable
with Candidate Hillman's answer to the questions posed, with a better grasp on how to
help the Commission get where it needs to go. This is the greater need of the
Commission. On the management side, that's a separate issue. The Commission is the
Town Commission Special Meeting Minutes
Tuesdav, April 23, 2019 Page 27 of 29
policy maker, and the grasp of policy and community relations and working with people
is strongest with Candidate Hillman.
Mayor Zelnicker reinforced her strong history working with Candidate Babij, and his
modesty means much of his instrumental work in helping correct issues in the Town has
gone unreported. He has been instrumental in making the Town better, making the Town
and the taxpayers' money his focus. Candidate Hillman does not have the knowledge of
the history — Candidate Babij does. He knows the millage rate might have to go up.
Other towns have infrastructure reserves, this town does not. The history of the town's
problems can be discussed at public forums but not in private due to the sunshine laws,
and the Commissioners can watch the tapes to learn more about the history, but
Candidate Babij has been instrumental in fixing past problems and getting the Town to
this point, where there is an excellent Town Manager and an excellent law firm. He is
the silent partner of the Commission, doing an excellent job for a year and a half. The
fact that he is young is good for the future of the town. The wisdom of Candidate
Hillman is also needed.
Town Manager Labadie proposed the Commission come back and revisit the issue, or
even find another candidate if the Commission is stuck on these two. He cannot
recommend going past the charter stipulation as to the cutoff of the 27th. He advised
coming back and resuming the conversation.
Commissioner David agreed on the need to adjourn and come back later.
Town Attorney Torcivia remarked some communities actually flipped a coin if there was
a tie resulting after run-off elections.
A point of order requested by one of the public observers was swiftly turned down by the
Commission, as it would affect the vote.
Commissioner Donaldson remarked he didn't want to see this drag on, given the amount
of thought already having gone into it. He therefore decided to back Candidate Greg
Babij on the appointment, reluctantly but happily.
MOTION: Mayor Zelnicker moved to accept Candidate Greg Babij as the next Vice
Mayor for the Town of Highland Beach "for all that he's done for the
town that many people don't even know."
Commissioner David disputed the form of the motion with the additional commentary
that went with it.
Mayor Zelnicker apologized. She reiterated her motion to accept Candidate Greg Babij .
Commissioner Gossett -Seidman seconded the motion. ,
UPON ROLL CALL:
Mayor Zelnicker - Yes
Town Commission Special Meeting Minutes
Tuesday, April 23, 2019 Page 28 of 29
Commissioner Gossett -Seidman - Yes
Commissioner David - No
Commissioner Donaldson - Yes
Motion carries on a 3 to 1 vote.
Candidate Hillman congratulated Candidate Babij.
7. RESOLUTION/APPOINTMENT TO FILL THE VACANT SEAT OF VICE
MAYOR -COMMISSIONER:
A Resolution of the Town Commission of the Town of Highland Beach, Florida, Filling a
Vacancy on the Commission Created by the Resignation of Alysen Africano-Nila, said
Appointment to be in Effect until the Next General Election.
Said appointment was given to Candidate Greg Babij on a 3 to 1 vote of the Commission.
8. SWEARING IN AND SEATING OF THE NEWLY APPOINTED VICE
MAYOR -COMMISSIONER:
Town Clerk Gaskins swore in Candidate Greg Babij with the following words:
"I, Greg Babij, do solemnly affirm that I will support, protect, and defend the
Constitution and the Government of the United States and of the State of Florida
against all enemies, domestic or foreign, and that I will bear true faith, loyalty, and
allegiance to the same, and I am entitled to hold office under the Constitution of the
United States and the Constitution of the State of Florida, and that I will faithfully
perform all the duties of the office of Vice Mayor/Commissioner on which I am about
to enter, so help me God."
9. ADJOURNMENT
There being no further business to come before the Commission, Mayor Zelniker called
for a motion to adjourn.
MOTION: Commissioner Donaldson moved- to adjourn the meeting at 4:37 PM.
Commissioner Gossett -Seidman seconded the motion, which passed
unanimously.
APPROVED at the June 4, 2019 Regular Mee
tin.
Rhoda Ze i r, Mayor
Town Commission Special Meeting Minutes
Tuesdav, April 23, 2019
ATTEST:
anel a Gaskins, MMC
Town Clerk
PaLye 29 of 29
Commissioner
ommissioner
Transcribed by: TEI
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