R99-098RESOLUTION NO. R99-~'~
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, CONFIRMING
THE APPOINTMENT OF GAYLE EASTERLING 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 GAYLE
EASTERLING; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, upon the recommendation of staff, the City desires to employ the
services of Gayle Easteding 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 Gayle Easterling 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 Gayle Easterling as Senior Planner of the
City of Boynton Beach, Flodda and authorizes the City Manager to execute an
Appointment Contract on behalf of the City of Boynton Beach with Gayle Easterling,
said Contract being attached hereto as Exhibit "A", and incorporated herein by
reference.
Section2. This Resolution shall become effective immediately upon
passage.
PASSED AND ADOPTED this ,~ day of August, 1999.
M~yor,~//' '
Vi~ce'Mayor
Mayor Pro Tem
Commissioner
ATTEST:
CitCClerk
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 GAYLE EASTERLING ("EASTERLING").
RECITALS
The CITY and EASTERLING acknowledge the following premises for this
contract:
A. CITY MANAGER is the Chief Executive Officer of the CITY and is
authorized, pursuant to Section 72.1(b) to appoint individuals in a specialized field.
B. The CITY MANAGER on behalf of the CITY desires to appoint
EASTERLING as a Senior Planner in the Planning and Zoning Division of the
Development Department of the CITY, and EASTERLING desires to undertake that
appointment.
C. In selecting EASTERLING 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. EASTERLING 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 EASTERLING 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 EASTERLING.
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.
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G. Nothing herein shall constitute an abridgment or limitation on the rights
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 COVENANTS
Accordingly, on the foregoing premises and in consideration of the mutual
covenants contained in this contract, the CITY and EASTERLING agree as follows:
ARTICLE 1
Agreement for Appointment
1.1 The CITY MANAGER hereby appoints EASTERLING to serve as a
Senior Planner in the Planning and Zoning Division of the Development Department for
the CITY and EASTERLING hereby accepts that appointment and undertakes that
appointment.
1.2 EASTERLING is an at will employee of the CITY. By acceptance
of this Contract EASTERLlNG acknowledges that there has been no representation or
promise, express or implied fixing the term of his 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, EASTERLING 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 his
designee, the City Manager or his/her designee.
2.2 Manner of Performance. Except as otherwise expressly provided
by the contract, EASTERLING 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
S:ca~Agreements\Employment\EASTERLING - Final
at City related events after normal business hours.
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 EASTERLING 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 EASTERLING with
summary written statement of the evaluation and provide an adequate opportunity for
EASTERLING to discuss his evaluation with the Director or his/her designee.
Annually, the Director or his designee and EASTERLING 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.
EASTERLING will be evaluated on completion of her first six
month and again on her first anniversary_ to determine if EASTERLING 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.
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ARTICLE 4
Compensation and Benefits
4.1 Base Salary. The CITY shall pay to EASTERLING 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
EASTERLING consistent with reimbursement policies for CITY managerial employees.
4.3 Health Insurance. EASTERLING shall receive the same benefit
provided to non-union City employees hired pdor to October 1, 1991.
4.4 Disability Insurance. EASTERLING shall receive the same
benefit provided to non-union City employees hired prior to October 1, 1991.
4.5 Life Insurance. EASTERLING shall receive the same benefit
provided to non-union City employees hired prior to October 1, 1991.
4.6 Participation in Retirement System. EAS'FERL[NG shall continue
to be enrolled in and shall enjoy all benefits provided under the General Employee
Pension Plan,
4.7 Holidays. EASTERLING shall be entitled to observe the same
paid legal holidays as non-union employees hired prior to October 1, 1991.
4.8 Vacations. EASTERLING is granted twelve (12) days of annual
vacation leave per calendar year. accrued at the rate of one day _Der month of
employment, and annually thereafter. Accrued vacation leave may be taken with
the approval of the De_oartment Director.
4.9 Sick Leave. EASTERLING shall be entitled to accrue sick leave
and be subject to the same sick leave policies as non-union employees hired prior to
October 1, 1991.
ARTICLE 5
Indemnification and Reimbursement
5.1
Indemnification of EASTERLING. The CITY shall:
5.1.1 defend and indemnify EASTERLING against all claims and
actions, civil or criminal, provided the claims or actions arise out of and in the course of
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the performance of his duties and responsibilities pursuant to this Contract; and
5.1.2 pay any judgment that may be entered against
EASTERLING in a civil action arising out of and in the course of the performance of his
duties and responsibilities pursuant to this contract, except a judgment based on
intentional wrongdoing by EASTERLING.
5.1.3 CITY reserves the right to select, appoint, retain, or
discharge legal counsel necessary to provide the foregoing defense.
ARTICLE 6
6.1
commence on
Duration of Contract
EASTERLING's appointment and the term of this Contract shall
ARTICLE 7
Termination of Contract
7.1
Events of Termination. This Contract shall terminate:
7.1.1 at any time by mutual agreement of EASTERLING and the CITY;
7.1.2 upon EASTERLING's sustained inability for all or substantially ail of
180 calendar days in a 190 day period to perform all or substantially all of his 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
EASTERLING's Contract for the position.
7.1.4
the death of EASTERLING.
7.1.5 the resignation of EASTERLING. 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.
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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, EASTERLING 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 prior to 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 prior to October 1, 1991.
7.3 Rights and Obligations Upon Termination by Mutual
Agreement. If this Contract terminates upon mutual agreement of the parties,
EASTERLING 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 prior to 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
non-union employees hired prior to October 1, 1991;
7.4 Rights and Obligations Upon Termination Due to Disability or
Death. If this Contract terminates due to EASTERLING's physical disability or death,
EASTERLING or her guardian or personal representative shall be entitled only to the
following compensation and benefits:
7.4.1 base salary through
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the last day that EASTERLING
performed services to or on behalf of the CITY;
7.4.2 reimbursement for as-yet unreimbursed expenses pursuant
to this Contract;
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 pdor to October 1, 1991; and
7.4.4
life and/or disability benefits if applicable.
7.5 Rights and Obligations Upon Termination Due to Resignation.
If this Contract terminates due to EASTERLING's resignation, EASTERLING 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 EASTERLING 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 prior to 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
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.
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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 EASTERLING'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 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.
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.
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ARTICLE 15
Integration of All Agreements and Understandings
15.1 This Contract contains the entire agreement between the CITY and
EASTERLING. All prior agreements and understandings, whether written or oral,
pertaining to the CITY's appointment of EASTERLING 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, EASTERLING 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 prevision contained in
an eadier 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.
EXECUTED on the respective dates set forth below.
CITY OF BOYNTON BEACH
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Dated:
Dated: ¢~/~-¢/¢¢
Dated:
EXHIBIT "B"
6-Month Performance Evaluation Criteria
1. Level of familiarity with development regulations, 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;
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.
1-Year Performance Evaluation Criteria
1. A general understanding of all application processes administered by the Planning and
Zoning Division and ability to manage same.
A detailed knowledge of all concepts and recommendations from the Vision 20/20
Redeyelopment Plan applicable to citywide redevelopment.
A general understanding of the structure and content of the city's comprehensive plan,
ail goals, objectives and policies, and an in depth knowledge of all applicable processing
requirements, schedules and critical dates.
CITY OF BOYNTON BEACH, FLORIDA
CLASSIFICATION SPECIFICATION
CLASSIFICATION TITLE:
SENIOR PLANNER
PURPOSE OF CLASSIFICATION
The purpose of this classification is to assist in overseeing Planning & Zoning Division operations and activities,
includ/ng 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 if 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 and problems, directing work,
counseling, disciplining and completing employee performance appraisals.
Coordinates daily work activities; organizes and prioritizes depar~nent workload; makes work assignments; monitors
stares of work in progress; inspects completed work; troubleshoots problem situations.
Interprets and apphes applicable city codes, ordinances, regulations, and comprehensive plan pertaining to zoning, land
use, and site development.
Provides infommtion and assistance to the public, city officials, or other individuals concern/ag city codes, land
development regulations, zoning regulations, interpretation of codes/regulations, application processes, and procedural
issues; responds to complaints, researches problems, and initiates problem resolution.
Prepares legal notices for privately- and city-iintiated applications; prepares legal notices and legal advertisements for
propcmy owners regarding such applications.
Reviews for completeness applications submitted for annexation, land use amendment, rezoning, master plan~
comprehensive plan text amendment, zoning code variance, and amendment, abandonment, and use approval.
Researches, evaluates, and prepares written reports including the collection of facts, documentation of relevant requests
for approvals, and site plan approval.
Prepares special studies on annexation; researches tax records, property taxes, fiscal impacts, projections of costs and
revenues, annexation laws, and other information.
Formulates recommendations and conclusions relating to work activities; fonvardffpresants recorrmaendatious to city
commission.
Prepares/presents results of staff evaluations/analyses on development proposals or special projects, including technical
data, at public meetings, hearings, and workshops.
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Cit~ of Boynton Beach, Florida · Senior Planner 2290
Assists with inter-governmental coordination activities; represents the city at mulii-governmental meetings; reviews
development petitions, including plan amendments of adjacent jurisrtictions, arid dism'butes similar information on local
petitions to adjacent jurisdictions.
Maiataths and distributes computerized end hard-copy information on population/census data, including decennial
counts, official annual estimates, and federal publications; interacts with source agencies to review and cenfmn housing
unit counts, municipal boundaries, end annual perma.uent population estimates fi:om 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 studi~s, comprehensive plan, community redevelopment plan, regulations, statutes, codes,
ordinances, menuals, reference mater/als, 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 progxams.
Answers the telephone; provides information, guidance and assistance; takes and relays messages or directs calls to
appropriate persomael; returns calls as necessary.
Commtmicates with supervisor, employees, other d/visions, 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
end advances ia the profession; reads professional literature; mm/ns professional af£thations; attends workshops end
training sessions as appropriate.
ADDITIONAL FUNCTIONS
Responds to telephone or walk-in inquiries for dcvchipment 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.
MINIMUM QUALIFICATIONS
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Cit~ of Boynton Beach, Florida - Senior Planner 2290
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 experiefice and/or training that includes planning
and zoning, comprehensive plan management, and project review; or any equivalent combination of education,
training, and experience winch provides the requisite knowledge, skills, and abilities for this job. Must possess and
maintain a valid Florida driver's license.
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 others in a
supervisory capacity.
Equipment, Machinery, Tools, and Materials Utilization: Requires the ability to operate, m,neuver and/or control
the actions of eqnipmant, machinery, tools, and/or materials used in performing essential functions.
Verbal Aptitude: Requires the ability to util/ze a wide variety of reference, descriptive, and/or advisory data and
information.
Mathematical Antitude: 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 Reasonine: Requires the ability to apply principles of im%ence systems, such as motivation, incentive,
and leadersinp, and to exercise independent judgment to apply facts and principles for developing approaches and
techniques to resolve problems.
Situational Reasoninm Requires the ability to exercise judgment, decisiveness and creativity in situations involving
the evaluation of ixfformation against sensory, judgmental, or subjective criteria, as opposed to that winch 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 lifting, 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 commuo/cate orally.
Environmental Factors: Performance of essential functions may require exposure to adverse environmental
conditions, such as humidity, temperature extremes, or traffic hazards.
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Cit~ of Bo}rnton 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 d/sabilifies and
encourages both prospective and current employees to discuss potential accommodations with the employer.
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L~ Revised: November~ !~8
EXHIBIT "A"
6-Month Performance Evaluation Criteria
1. Level of familiarity with development regulations, including Chapter 3, Chapter 6,
Chapter 7.5, Chapter 9, Chapter 10, Chapter 21, Chapter 23, and Central Business
Distdct Design Guidelines sufficient to independently conduct efficient and complete
project reviews;
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.
l-Year Performance Evaluation Criteria
1. A general understanding of all application processes administered by the Planning and
Zoning Division and ability to manage same.
A detailed knowledge of all concepts and recommendations from the Vision 20/20
Redevelopment Plan applicable to citywide redevelopment.
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.