Minutes 04-09-02MINUTES OF THE COMMUNITY REDEVELOPMENT AGENCY SPECIAL MEETING,
HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON
TUESDAY, APRIL 9, 2002 AT 5:30 P.M.
Present
Larry Finkelstein, Chairman
Jos6 Aguila
Alexander DeMarco
Don Fenton
Jeanne Heavilin, Vice Chair
Michelle Hoyland
Henderson Tillman
Quintus Green, Director of Development/CRA
Lindsey Payne, Board Attorney
Mike RUmpf, Planning & Zoning Director
I. Call to Order
Chairman Finkelstein called the meeting to order at 5:30 p.m.
II. Roll Call
The roll was called and all were present with the exception of Ms. Michelle Hoyland, who
arrived at 6:05 p.m.
III. New Business
A. Discussion of CRA Director Selection
Chair Finkelstein declared that the Selection Committee had met and interviewed nine
applicants for this position, after sifting through some 60 resumes. In a silent vote where
the Selection Committee voted for their first and second choices, the five members of
the Selection Committee voted 4-1 for Beverly Tew-Circe as first choice, with one vote
for Douglas Hutchinson. Mr. Greene noted that Board member Michelle Hoyland had
notified him that she would be late for the meeting and asked him to express her
preference for Doug Hutchinson as Candidate #1.
Chair Finkelstein distributed Ms. Tew-Circe's resume to the Board and summarized the
reasons the Committee had chosen her, citing direct CRA experience in Florida as one
of her chief assets. Mr. Fenton explained why he had voted for Douglas Hutchinson,
citing his visionary ability as a chief asset.
A discussion ensued about the candidates.
Motion
Vice Chair Heavilin moved that the Board proceed to extend an offer of employment to
Ms. Beverly Tew~Circe as the Board's first choice. In the event that Ms. Tew-Circe is
Meeting Minutes
Community Redevelopment Agency
Boynton Beach, Florida
April 9, 2002
unavailable or declines the position, the offer will be extended to Mr. Douglas
Hutchinson. Mr. DeMarco seconded the motion that carried 5-1.
B. Discussion of CRA Director Contract
Independent Contractor or Employee?
The first issue the Board discussed was whether or not the CRA Director should be hired
as an Independent Contractor or an employee. They reviewed two draft contracts
prepared by the Board Attorney for each scenario. Ms. Payne noted that the principal
difference was Article VIII concerning insurance for the Independent Contractor. The
pros and cons of each were discussed. The Board did not believe it was set up at
present to act as an employer with all of the ramifications of that role.
The Board discussed whether or not it wanted to add the other two employees identified
in the budget - bookkeeper and administrative assistant - at this time. Chair Finkelstein
thought the two positions could be combined. Mr. Greene counseled that there was a
great deal of work involved in preparing the agendas for their meetings and keeping
track of the budget and he believed that they would want to get a bookkeeper and
administrative assistant as soon as possible. He reminded the Board that all financial
accounts would be transferred to and become the responsibility of the CRA. He also
noted that the Delray Beach CRA has eight employees on their staff.
The Board agreed that the new Director could set employment policies and procedures,
and that other employees could be added as the budget and the needs of the CRA
dictate.
Motion
Mr. Fenton moved that Ms. Tew-Circe (or if unavailable, Douglas Hutchinson) be hired
as an Independent Contractor. Mr. Tillman seconded the motion that carried 6-0.
Compensation
The second issue under consideration was the content of the contract including a
discussion of compensation, including salary and benefits. The Board discUssed this
issue at length.
The Board chose to hire Ms. Tew-Circe as an Independent Contractor but she will not
receive benefits from the City or the CRA. Chair Finkelstein will negotiate her salary,
which will fall in the advertised range of $70,000 to $80,000, as well a~ compensation for
benefits.
Motion
Vice Chair Heavilin moved that Chair Finkelstein be given authorization to move forward
with contract negotiations with Candidate #1, Ms. Beverly Tew-Circe, and bring the
results back to the Board for ratification. Mr. DeMarco seconded the motion.
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Meeting Minutes
Community Redevelopment Agency
Boynton Beach, Florida
April 9, 2002
Ms. Hoyland arrived at the meeting during the discussion preceding the vote on this
motion.
The Board agreed that a Special Board meeting should be called for contract ratification
as soon as possible.
The vote was 7-0.
IV. Adjournment
There being no further business, the meeting was duly adjourned at 6:20 p.m.
Respectfully submitted,
Susan Collins
Recording Secretary
(one tape)
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SPECIAL HEETINC:.S. B,
EMPLOYMENT CONTRACT
the
THIS CONTRACT is entere.d i,p~xbetween the Community Redevelopm,,ent ~?,ency of
City of Boynton Beac .~. (_t~inafter referred to as CRA) and
/ (hereinaft'er,,rxeferred to as "EMPLOYEE")
RECITALS
The CRA and EM(I~OYEE ac
A. The CRA is irous of the
Executive Directm agrees to
as the basis for this contract:
',EMPLOYEE to serve as the
services.
B2 In
relied on all in:
applicatio that
represe~
he/sh{ qualified
the .~ of such
between
operation of th
A
promises cm
and rials
1,
.as the
CONDITIO
made
accurate,
shed
:RA, the CRA has
with his/her
int
fete, and and that
of that
to writing in
ve communicatior
in the
OVENANTS
and
1.1 The CRA hereby
the CRA and EMPLOYEE hereby a
2.1 Principal Services.
servic
CLE ! \
Services ~
as Executive Director of
set forth.
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Independent Contract
The EMPLOYEE shall perform the following services for the CRA:
d.
supplemental or back-up material;
e. Keep notes of proc
taken by the Clerk's office.
f. Attend all
g. Establish
the Government in the
h. Establish
when such confidentiality is
i. Rev all bills
J.
k.
1.
Direc~
Managing the office of the CRA, including supervision of any employees;
Maintaining all files of the CRA;
Respond to correspondencj~s directed by the CRA Board;
Prepare and distribute )rf a t~lv manner agendas for meetings, including any
at CRA~ard meetings and arrange to have minutes
CRA;
,rocedures >liance with Public Records Act and
Law;
implement
uired
;ervices
made a
ing confidentiality of all records
the C
ling require( ntal reports;
as se
for Executive
s Exhibit "A".
paid by the
EMPLOYEE'S
behalf, in equal
CRA or EMPLOYEE
participate in, nor be covere
c Employees
an
annual salary o:
paid at
OYEE agree to ex
,'SS,
~ssary
for
salary
qve ( of
EMPLOYEE'S
to succeeding
will not
Plan.
3.3 Business Expenses.
with reimbursement policies for City m
3.4 Automobile. Automobile. __LOYEE sh be
personal vehicle for city business in the amount ~
3.5 Health Insurance.
EMPLOYEE consistent
compensated for use of his
per month.
x~PLOYEE shall receive
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3.6 Disability Insurance.
I~MPLOYEE shall receive
3.7 Life Insurance.
EMPLOYEE shall receive
3.8 Participation in Rt S
General Employees Pension receive
3.2 above.
EMPLOYEE in lieu of participation in the
compensation as set forth in paragraph
3.9 Holidays.
as City non-union emplo~
hired after
3.10 Vacations.
as City non-union~.~
3.11 SickXIx,eave.~
the same sick leave po non-un
4.2 The s services s.
Contract.
CRA Board,
necessary for
provided, however,
compensation unless i
neglect of duty or is charge~
xto observe the same paid legal holidays
.be entitl~~ame vacation accrual
~ accrue~k le~ and be subject to
subsesuent one
:ordance with this%,/
by the ninety
by the
may, is deemed
no prior notice;
thirty (30) days
:onduct or gross
Annual Perform~ce Goals and
5.1 The CRA shall review and of EMPLOYEE at least once
annually in advance of the adoption of the annual The review and evaluation
shall be in accordance with performance criteria devel by the CRA, which criteria must be
provided to EMPLOYEE in advance of the commencement of the period of evaluation. The
initial performance criterion is as set forth on Exhibit "C", attached hereto. The criteria may be
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added to or deleted from as the CRA may from time to time determine, except that EMPLOYEE
shall not be evaluated for tasks if no performance criteria have been established. Further, the
CRA shall provide EMPLOYEE with a summary written statement of the evaluation and provide
an adequate opportunity fbr EMPLOYEE to discuss his evaluation with the CRA.
5.2 Periodically, the CRA ~LOYEE shall define such goals and performance
objectives that they determine necess the ~¢,9,per operation of the Development Department
operations in attainment of the o /~ es and shaXl'l,,,.further establish a relatiVe priority among
those various goals and objectix which shall be redu~d to writing. Such goals and objectives
shall be generally attainable e time limitation/s specified in the annual operating and
capital budgets :d by the CR~
/
6.1 T a its so
~t~;s in various organi~aS~ons
P~x~
Benefit
the for membership
~,~ted pt which remains
under
CRA.
8%
all required dutie:
governing the
8.1
Contract shall not
condition, or covenant
covenant of this
of other term,
9.1
This Contract is not assignab~%% )
ARTI CLE"I,0%~
Severability of Provisions
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10.1 If any provision of this Contract or the application of any provision 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.
/ ARTI¢
erning Law
11.1 This Contr/d_ct and the
governed by and constru%in accordance
brought in connection with% Contract
State Court and in~uthern ~
\
'afion
[1 be brou
rt of Florida if i
ents and
All
with
this
1 This
)r ageements
LOYEE
subsequent
had equal
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draft of the
parties.
tO
o f and,
~nce
covenants contained in it shall be
State of Florida, and any action
Beach County, Florida if in
ourt.
CRA an,
to the
from and after the
he CRA
to its
against
inal draft and
counsel
earlier
mt of the
13.1 This Contract may be
be deemed an original and all of which
No term. condition, or covenant of this Cm
have signed it.
duplicate
shall be
shall be bindi
ARTICLE
~arts, each of which shall
one and the same instrument.
on either party until both parties
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Notice
14.1 Whenever any party desires to give notice unto any other party, it must be given by
written notice, sent by certified United States mail. with return receipt requested, by hand deliverv
or by facsimile transmission with receipt
and the remaining parties, at the
remain such until they shall have
of this section. For the present,
respective places for giving of nc
addressed to the party for whom it is intended
and the places for giving of notice shall
notice in compliance with the provisions
designate the following as the
/
""~PY TO:
/
\
\
simile
EXECUTED on the respective dates set ~>~,h below.
EMPLOYEE:
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BY: Dated:
COMMUNITY REDVELOPMENT AGENCY OF BOYNTON BEACH:
By: //~xx Dated:
CHAIRMAN /x
/ Nx
x,
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