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R99-115RESOLUTION NO. R99-//._6-" A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, CONFIRMING THE APPOINTMENT OF LUSIA DENDE AS SENIOR PLANNER OF THE CITY OF BOYNTON BEACH, FLORIDA AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN APPOINTMENT CONTRACT ON BEHALF OF THE CITY WITH LUSIA DENDE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, upon the recommendation of staff, the City desires to employ the ;ervices of Lusia Dende as Senior Planner of the City of Boynton Beach, Florida; and WHEREAS, it is the desire of the City Commission to provide certain benefits and requirements regarding the employment of Lusia Deride by the City; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The City Commission of the City of Boynton Beach, Florida does hereby confirm the appointment of Lusia Deride as Senior Planner of the City of Boynton Beach, FIodda and authorizes the City Manager to execute an Appointment Contract on behalf of the City of Boynton Beach with Lusia Dende, said Contract being attached hereto as Exhibit "A", and incorporated herein by reference. Section 2. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this "7 day of September, 1999. CiTY,~?~~~BOY T N AC,FI, FLORIDA I~or ~ Vice Mayor Mayor Pro Tern ATTEST: B:ca\res\employment\Dende Reso EXHIBIT "A" Class Code 2290 Grade: 24 39,063 / 46,876 / 58,595 FLSA: E CITY OF BOYNTON BEACH, FLORIDA CLASSIFICATION SPECIFICATION CLASSIFICATION TITLE: SENIOR PLANNER PURPOSE OF CLASSIFICATION The purpose of this classification is to assist ha overseeing Planning & Zoning Division operations end activities, haehadhag development review, process management, comprehensive planning, and general division administration. ESSENTIAL FUNCTIONS The following duties are normal for this position. The omission of specific statements of the duties does not exclude them from the classification ff the work is similar, related, or a logical assignment for this classification. Other duties may be required and assigned. Supervises, directs and evaluates assigned staff, processing employee concerns end problems, directing work, counseling, disciplining and completing employee performance appraisals. Coordinates daily work activities; orgenizes and prioritizes department workload; makes work assigmnents; monitors status of work in progress; inspects completed work; troubleshoots problem situations. Interprets and applies applicable city codes, ordinences, regulations, and comprehensive plan pertaining to zoning, land use, and site development. Provides information end assistance to the public, city officials, or other individuals conceming city codes, lend development regulations, zoning regulations, interpretation of codes/regulations, application processes, end procedural issues; responds to complaints, researches problems, and initiates problem resolution. Prepares legal notices for privately- end city-initiated applications; prepares legal notices end legal advertisements for property owners regarding such applications. Reviews for completeness applications submitted for annexation, land use amendment, rezoning, master pien, comprehensive plan text amendment, zoning code varience, end tanendment, abendonment, and use approval. Researches, evaluates, end prepares written reports including the collection of facts, documentation of relevant requests for approvals, end site plen approval. Prepares special studies on annexation; researches tax records, property 'rexes, fmcal hnpacts, projections of costs end revenues, annexation laws, end other information. Formulates recommendations and conclusions relating to work activities; forwards/presents recommendations to city commission. © David M. Griffith & Associates, Ltd. Page 1 Last Revised: November, 1998 City of Boynton Beach, Florida · Senior Planner 2290 Prepares/presents results of staff evaluations/analyses on development proposals or special projects, including technical data, at public meetings, hearings, and workshops. Assists with intar-govemmental coordination activities; represents the city at multi-governmental meetings; reviews development petitions, including plan amendments of adjacent jurisdictions, and dis~butes similar information on local petitions to adjacent jurisdictions. Maintains and dislributes computerized and hard-copy information on population/census data, including decennial counts, official annual estimates, and federal publications; interacts with source agencies to review and confmn housing unit counts, municipal boundaries, and annual permanent population estimates from the state. Maintains computerized and hard-copy records of previously reviewed and/or approved development projects. Prepares draft division budget; researches division staffing, equipment, supplies, and professional training needs; completes budgetary forms, enters data into computer, and compiles final reports. Prepares or completes various forms, reports, correspondence, staff reports, budget reports, performance appraisals, charts, graphs, or other documents. Receives various forms, reports, correspondence, staff' reports, development applications, site plans, master plans, census data, traffic impact studies, comprehensive plan, community redevelopment plan, regulations, statutes, codes, ordinances, manuals, reference materials, or other documentation; reviews, completes, processes, forwards or retains as appropriate. Operates a computer to enter, retrieve, review or modify data; utilizes word processing, spreadsheet, database, e-mail, or other software programs. Answers the telephone; provides information, guidance and assistance; takes and relays messages or directs calls to appropriate parsounel; returns calls as necessary. Communicates with supervisor, employees, other divisions, other departments, city officials, government agencies, developers, consultants, the public, outside agencies, and other individuals as needed to coordinate work activities, review status of work, exchange information, resolve problems, or give/receive advice/direction. Attends meetings; serves on committees as needed; makes speeches or presentations. Maintains a comprehensive, current knowledge of applicable laws/regulations; maintains an awareness of new trends and advances in the profession; reads professional literature; maintains professional affiliations; attends workshops and training sessions as appropriate. ADDITIONAL FUNCTIONS Responds to telephone or walk-in inquiries for deveIopment or zoning information. Operates a motor vehicle to conduct work activities. Provides assistance or coverage to other employees as needed. Performs other related duties as required. © David NL Griffith & Associates, Ltd. ]['age 2 Last Revised: November, 1998 City of Boynton Beach, Florida · Senior Planner 2290 MINIMUM QUALIFICATIONS Minimum Bachelor's degree in Urban & Regional Planning with Master's level course work in the field; Master's degree strongly preferred; supplemented by three (3) years previous experience and/or training that includes planning and zoning, comprehensive plan management, and project review; or any equivalent combination of education, training, end experience which provides the requisite knowledge, skills, and abilities for this job. Must possess and maintain a valid Florida driver's llceuse. PERFORMANCE APTITUDES Data Utilization: Requires the ability to evaluate, audit, deduce, and/or assess data using established criteria. Includes exercising discretion in determining actual or probable consequences and in referencing such evaluation to identify and select alternatives. Human Interaction: Requires the ability to apply principles of persuasion and/or influence over othars in a supervisory capacity. Equipment, Machinery, Tools, and Materials Utilization: Requires the ability to operate, meneuver and/or control the actions of equipment, machinery, tools, and/or materials used in performing essential functions. Verbal Aptitude: Requires the ability to utilize a wide variety of reference, descriptive, and/or advisory data and information. Mathematical Aptitude: Requires the ability to perform addition, subtraction, multiplication and division; ability to calculate decimals and percentages; may include ability to perform mathematical operations with fractions; may include ability to compute discount, interest, profit and loss, ratio and proportion; may include ability to calculate surface areas, volumes, weights, and measures. Functional Reasoning: Requires the ability to apply principles of influence systems, such as motivation, incentive, end leadership, and to exercise independent judgment to apply facts and principles for developing approaches end techniques to resolve problems. Situational Reasoning: Requires the ability to exercise judgment, decisiveness and creativity in situations involving the evaluation of information against sensory, judgmantal, or subjective criteria, as opposed to that which is clearly measurable or verifiable. ADA COMPLIANCE Physical Ability: Tasks require the ability to exert very moderate physical effort in light work, typically involving some combination of stooping, kneeling, crouching and crawling, and which may involve some litting, carrying, pushing and/or pulling of objects and materials of moderate weight (12-20 pounds). Sensory Requirements: Some tasks require the ability to perceive and discriminate visual cues or signals. Some tasks require the ability to communicate orally. Environmental Factors: Performance of essential functions may require exposure to adverse environmental conditions, such as humidity, temperature extremes, or traffic hazards. © David M. Griffith & Associates, Ltd. Page 3 Last Revised: November, 1998 City of Boynton Beach, Florida · Senior Planner 2290 The City of Boynton Beach, Florida, is an Equal Opportunity Employer. In compliance with the Americans with Disabilities Act, the City will provide reasonable accommodations to qualified individuals with disabilities and encourages both prospective and currant c~nployees to discuss potential accommodations with the ~anployer. © David M. Griffith & Associates, Ltd. Page 4 Last Revised: November, 1998 EXHIBIT "B" 6-Month Perfonmance Evaluation Criteria 1. Level of familiarity with development regula{ions, including Chapter 3, Chapter 6, Chapter 7.5, Chapter 9, Chapter 10, Chapter 21, Chapter 23, and Central Business District Design Guidelines sufficient to independently conduct efficient and complete project reviews; 2. Ability to independently coordinate and manage the staff review (Technical Review Committee) aspect of the development review process, and resolve any outstanding issues relative to internal communication and coordination, and implemented recOmmendations~for process improvement including process documentation for internal use and distribution and codification: A thorough understanding of all development review processes involving site plans, master plans, minor modifications, variances, abandonments, height exceptions, use approvals, and developments of regional impact. A detailed understanding of all concepts and recommendations from the Vision 20/20 Redevelopment Plan applicable to development review. -Year Performance Evaluation Criteria 1. A general understanding of all application processes administered by the Planning and Zoning Division and ability to manage same. 2. A detailed knowledge of all concepts and recommendations from the Vision 20/20 Redevelopment Plan applicable to citywide redevelopment. 3. A general understanding of the structure and content of the city's comprehensive plan, all goals, objectives and policies, and an in depth knowledge of all applicable processing requirements, schedules and critical dates. APPOINTMENT CONTRACT THIS APPOINTMENT CONTRACT is entered into between the CITY OF BOYNTON BEACH, Florida, (the "CITY") by and through its City Manager ("CITY MANAGER") and LUSIA DENDE ("DENDE"). RECITALS The CITY and DENDE acknowledge the following premises for this contract: A. CITY MANAGER is the Chief Executive Officer of the CITY and is authorized, pursuant to Section 72. l(b) to appoint individuals in a specialized field. B. The CITY MANAGER on behalf of the CITY desires to appoint DENDE as a Senior Planner in the Planning and Zoning Division of the Development Department of the CITY, and DENDE desires to undertake that appointment. C. In selecting DENDE to be appointed as a Senior Planner in the Planning and Zoning Division of the Development Department of for the CITY, the CITY MANAGER has relied on all information and materials appearing on or furnished in connection with her application for that position, including representations made in oral interviews. DENDE represents that all such information and materials are accurate, complete, and authentic and that she is qualified to serve as a Senior Planner in the Planning and Zoning Division of the Development Department, and that the performance of such duties are specialized in nature. D. The CITY and DENDE wish to reduce their agreements to writing in order to describe their relationship with each other, to provide a basis for effective communication between them as they fulfill their respective governance and administrative functions in the Planning and Zoning Division of the CITY and to enhance administrative stability and continuity within the Development Department. E. The position of Senior Planner in the Planning and Zoning Division of the Development Department is a contractual appointment by the CITY MANAGER of an individual in a specialized field and not a civil service position and neither the City's Civil Service Rules and Regulations nor the Personnel Policy Manual (PPM) are applicable to DENDE. F. Nothing herein shall constitute an abridgment of or limitation to the rights and powers of the MANAGER to manage the work force of the CITY and to organize, reorganize, create, or abolish the CITY work force, including the appointment referenced herein. G. Nothing herein shall constitute an abridgment or limitation on the dghts S:ca~,g reements\Ernployment\DENDE. Final -1- and powers of the CITY Commission to create or alter the work force of the CITY by appropriation or non-appropriation of funds earmarked for departments, positions, or appointments. TERMS, CONDITIONS~ AND COVENANTR Accordingly, on tt~e' foregoing premises and in consideration of the mutual covenants contained in this contract, the CITY and DENDE agree as follows: ARTICLE 1 Agreement for Appointment 1.1 The CITY MANAGER hereby appoints DENDE to serve as a Senior Planner in the Planning and Zoning Division of the Development Department for the CITY and DENDE hereby accepts that appointment and undertakes that appointment. 1.2 DENDE is an at will employee of the CITY. By acceptance of this Contract DENDE acknowledges that there has been no representation or promise, express or implied fixing the term of her appointment. ARTICLE 2 Duties and Obligations 2.1 Principal Duties and Obligations. Subject to the CITY MANAGER's responsibilities and direction for the overall operation of the CITY's work force, DENDE shall: 2.1.1 Serve as a Senior Planner in the Planning and Zoning Division of the Development Department of the CITY and shall perform the job responsibilities as set forth on Exhibit "A"; 2.1.2 Perform such additional job responsibilities related to the Planning and Zoning Division of the CITY as assigned by the Department Director or her designee, the City Manager or his/her designee. 2.2 Manner of Performance. Except as otherwise expressly provided by the contract, DENDE at all times shall: 2.2.1 devote all her time, attention, knowledge, and skill solely and exclusively to the business and interests of the CITY during normal working hours and at City related events after normal business hours. S:ca~Ag reements\Employment\DENDE. Final -2- 2.2.2 perform her duties and obligations faithfully, industriously, and to the best of her ability. 2.2.3 not engage in conflicting outside employment except with prior written disclosure to and written consent of the CITY MANAGER or his/her designee. 2.2.4 keep the Department Director or his/her designee fully informed in advance of all travel and activities that take her out of the office for more than a day at a time. All travel must receive prior written approval of the Department Director and/or CITY MANAGER. ARTICLE 3 Annual Performance Goals and Evaluation 3.1 The Department Director or his designee shall review and evaluate the performance of DENDE at least once annually in advance of the adoption of the annual operating budget. The review and evaluation shall be in accordance with specific criteria developed by the Director or his/her designee. The criteria may be added to or deleted from as the Director or his designee may from time to time determine. Further, the Director or his/her designee shall provide DENDE with summary written statement of the evaluation and provide an adequate opportunity for DENDE to discuss her evaluation with the Director or his/her designee. Annually, the Director or his designee and DENDE shall define such goals and performance objectives that they determine necessary for the proper operation of the Planning and Zoning Division and in attainment of the objectives and shall further establish a relative priority among those various goals~ and objectives, which shall be reduced to writing. Such goals and objectives shall be generally attainable within the time limitations as specified in the annual operating and capital budgets and appropriations provided by the CITY. DENDE will be evaluated on completion of her first six months and again on her first anniversary to determine if DENDE has met the goals and criteria, set forth herein as attachment B, for promotion to Principal Planner, with an annual salary of $55,000.00. 3.2 Compensation reviews are not subject to any specific formula applicable to other CITY personnel. Wage adjustments shall be at the sole discretion of the CITY MANAGER and are subject to the appropriation of funds by the City Commission. S:ca~Agreements\Employment\DENDE. Final -3- ARTICLE 4 Compensation and Benefits 4.1 Base Salary. The CITY shall pay to DENDE an annual salary of FIFTY THOUSAND AND NO/100 DOLLARS ($50,000.00), payable in equal installments at the same intervals as the CITY's management personnel are paid. 4.2 Business Expenses. The CITY Shall pay or reimburse DENDE consistent with reimbursement policies for CITY managerial employees. 4.3 Health Insurance. DENDE shall receive the same benefit provided to non-union City employees hired after October 1, 1991. 4.4 Disability Insurance. DENDE shall receive the same benefit provided to non-union City employees hired after October 1, 1991. 4.5 Life Insurance. DENDE shall receive the same benefit provided to non-union City employees hired after October 1, 1991. 4.6 Participation in Retirement System. DENDE shall continue to be enrolled in and shall enjoy all benefits provided under the General Employee Pension Plan. 4.7 Holidays. DENDE shall be entitled to observe the same paid legal holidays as non-union employees hired after October 1, 1991. 4.8 Vacations. DENDE is granted twelve (12) days o~ annual vacation leave per calendar year, accrued at the rate of one day per month of employment, and annually thereafter. Accrued vacation leave may be taken with the approval of the Department Director. 4.9 Sick Leave. DENDE shall be entitled to accrue sick leave and be subject to the same sick leave policies as non-union employees hired after October 1, 1991. 4.10 Professional Dues. The City shall pay for DENDE's professional membership dues to the American Planning Association and Amedcan Institute of Certified Planners. S:ca~,greements\Employrnent\DENDE. Final ARTICLE 5. Indemnification and Reimbursement 5.1 Indemnification of DENDE. The CITY shall: 5.1.1 defend and indemnify DENDE against all claims and actions, civil or criminal, provided the claims or actions arise out of and in the course of the performance of her duties and responsibilities pursuant to this Contract; and 5.1.2 pay any judgment that may be entered against DENDE in a civil action arising out of and in the course of the performance of her duties and responsibilities pursuant to this contract, except a judgment based on intentional wrongdoing by DENDE. 5.1.3 CITY reserves the right to select, appoint, retain, or discharge legal counsel necessary to provide the foregoing defense. ARTICLE 6 Duration of Contract 6.1 DENDE's appointment and the term of this Contract shall commence on September 13. 1999 ARTICLE 7 Termination of Contract 7.1 Events of Termination. This Contract shall terminate: 7.1.1 at any time by mutual agreement of DENDE and the CITY; 7.1.2 upon DENDE's sustained inability for all or substantially all of 180 calendar days in a 190 day period to perform all or substantially all of her duties and obligations pursuant to this Contract as a result of physical or mental illness or condition, which inability shall be verified at the CITY's expense (to the extent not covered by applicable medical insurance maintained by the CITY) by a licensed physician selected by the CITY; 7.1.3 at any time by the CITY's unilateral termination of DENDE's Contract for the position. S:ca~Ag reements~Employment\DENDE - Final -5- 7.1.4 the death of DENDE. 7.1.5 the resignation of DENDE. A resignation shall be submitted in writing and shall provide for a actual resignation date no later than forty-five (45) days following the date of notice of resignation. 7.2 Rights and Obligations Upon Unilateral Termination by CITY.. Unilateral termination shall be in writing, signed by the CITY MANAGER and need not reflect performance related reasons. If this Contract is terminated by unilateral action by the CITY MANAGER, DENDE shall be entitled only to: 7.2.1 Prorated base salary for the effective date of the termination plus ninety (90) days, calculated as follows: Employees annual base salary shall be divided by 365 days, and that sum shall be multiplied by 90 days, less customary withholding. 7.2.2 to this Contract; reimbursement for as-yet unreimbursed expenses pursuant 7.2.3 an amount for accrued and unused vacation leave, not to exceed the maximum number of days permitted by law, according to the schedule/formula for non-union employees hired after October 1, 1991; 7.2.4 an amount for accrued and unused sick leave, not to exceed the maximum number of days permitted by law, according to the schedule/formula for non-union employees hired after October 1, 1991. 7.3 Rights and Obligations Upon Termination by Mutual Agreement. If this Contract terminates upon mutual agreement of the parties, DENDE shall be entitled to: 7.3.1 base salary accrued to the agreed date of termination; 7.3.2 to this Contract; reimbursement for as-yet unreimbursed expenses pursuant 7.3.3 an amount for accrued and unused vacation leave, not to exceed the maximum number of days permitted by law, according to the schedule/formula for non-union employees hired after October 1, 1991; 7.3.4 an amount for accrued and unused sick leave, not to exceed the maximum number of days permitted by law, according to the schedule/formula for S:ca~Agreements\Employment\DENDE - Final -6- non-union employees hired after October 1, 1991; 7.4 Rights and Obligations Upon Termination Due to Disability or Death. If this Contract terminates due to DENDE's physical disability or death, DENDE or her guardian or personal representative shall be entitled only to the following compensation and benefits: 7.4.1 base salary through the last day that DENDE performed services to or on behalf of the CITY; 7.4.2 to this Contract; reimbursement for as-yet unreimbursed expenses pursuant 7.4.3 an amount for accrued and unused sick and vacation leave, not to exceed the maximum number of days permitted by law, according to the schedule/formula for non-union employees hired prior to October 1, 1991; and 7.4.4 life and/or disability benefits if applicable. 745 Rights and Obligations Upon Termination Due to Resignation. If this Contract terminates due to DENDE's resignation, DENDE shall be entitled only to the following compensation and benefits: 7.5.1 base salary through the date of resignation or such other date as mutually agreed to between DENDE and the CITY MANAGER; 7.5.2 to this Contract; reimbursement for as-yet unreimbursed expenses pursuant 7.5.3 an amount for accrued and unused sick and vacation leave, not to exceed the maximum number of days permitted by law, according to the schedule/formula for non-union employees hired after October 1, 1991; 7.5.4 life and/or disability benefits if applicable. ARTICLE 8 Modification or extension of Contract 8.1 Modification and Amendment. No modification of or amendment to this Contract shall be valid unless reduced to writing and signed by both parties. ARTICLE 9 S:ca~Agreements\Employment~DENDE - Final -7- Inapplicability of Collective-Bargaining Agreements 9.1 No collective-bargaining agreement to which the CITY is a party shall in whole or in part govern, apply to, or be deemed part of or incorporated into this Contract. ARTICLE 10 Venue 10.1 Any civil action arising out of this Contract or the nonperformance or breach of any covenant contained in it shall be brought only in Palm Beach County, Florida. ARTICLE 11 Waiver 11.1 The CITY's waiver of any breach of any term, condition, or covenant of this Contract shall not constitute the waiver of any other breach of the same or any other term, condition, or covenant of this Contract. ARTICLE 12 Applicability to Successors 12.1 This Contract shall be binding on and inure to the benefit of: 12.1.1 DENDE's heirs and personal representatives; and 12.1.2the CITY regardless of changes in the persons holding office as members of the CITY. ARTICLE 13 Severability of Provisions 13.1 If any provision of this Contract or the application of any prevision to any party or circumstance shall be prohibited by or invalid under applicable law, the provision shall be ineffective to the extent of such prohibition or invalidity without invalidating the remaining provisions of this Contract or their application to other parties or circumstances. S:caV3,g reements~Employment\DENDE - Final -8- ARTICLE 14 Governing Law 14.1 This Contract and the terms, conditions, and covenants contained in it shall be governed by and construed in accordance with the laws of the State of Florida. ARTICLE 15 Integration of All Agreements and Understandings 15~1 This Contract contains the entire agreement between the CITY and DENDE. All prior agreements and understandings, whether written or oral, pertaining to the CiTY's appointment of DENDE are fully abrogated and of no further force and effect from and after the date of this Contract. 15.2 Regardless of which party or party's counsel prepared the original draft and subsequent revisions of this Contract, DENDE and the CITY and their respective counsel have had equal opportunity to contribute to and have contributed to its contents, and this Contract shall not be deemed to be the product of and, therefore, construed against either of them. 15.3 The omission from this Contract of a term or provision contained in an earlier draft of the Contract shall have no evidentiary significance regarding the contractual intent of the parties. ARTICLE 16 Execution of Contract 16.1 This Contract may be executed in duplicate or in counterparts, each of which shall be deemed an original and all of which together shall be deemed one and the same instrument. No term, condition, or covenant of this Contract shall be binding on either party until both parties have signed it.  ~,ECUTED on the respective dates set forth below. LUSIA DENDE Dated: CITY OF BOYNTON BEACH By: Dated: DATED: