James Johnson, Jr., Chair
 
900 North Ashley Drive
Tampa, Florida 33602
James Martin, Jr., Vice-Chair
William Scheuerle, Secretary
 
Phone: (813) 273-3660
Fax: (813) 273-3707

Tampa-Hillsborough Public Library Board

MINUTES FROM THE JUNE 24, 2004 PUBLIC LIBRARY BOARD MEETING
JOHN F. GERMANY PUBLIC LIBRARY, 4-6PM

CALL TO ORDER:

Ms. Vickers called the meeting to order at 4:00 p.m.. A quorum was present.

ROLL CALL AND ATTENDANCE OF STAFF & SPECIAL GUESTS:

Library Board Members Present:
Laura Vickers, Chairman, Dora Reeder
Ted Corwin, James Martin
Helen Swisshelm, Sandra Cameron
Alma Hires, Kay O'Rourke
William Scheuerle, Jim Johnson
Margaret Fisher
Library Board Excused:
James Harkins

Library Staff Present:
Marcee Challener, Interim Director, Library Services
Joe Stines, Interim Assistant County Administrator
Linda Gillon, Manager, Programming
David Wullschleger, Manager, Operations
Jackie Zebos, Mananger, Administrative & Reference Services
Suzy George, Chief Librarian

Nancy Becker, Administrative Services Librarian
Linda Davidson, Assistant County Attorney
Michelle Crowe, Executive Secretary

 

Special Guests:

None.

Members of the Public:

Maureen Gauzza, President,
Friends of the Upper Tampa Bay Library

APPROVAL OF THE May 27, 2004 MINUTES

Mrs. Swisshelm moved that the minutes be approved with corrections. Ms. Cameron seconded. The minutes were approved.

COMMENTS FROM THE PUBLIC:

Maureen Gauzza, President, Friends of the Upper Tampa Bay Library, stated that they had gone on a tour of the construction site and were very pleased. Ms. Gauzza requested that signage for the Upper Tampa Bay Library includes the word “Regional”. Mr. Stines stated that the library's branch designations would be reevaluated during the master plan which is scheduled to be completed in September. Dr. Scheuerle made the motion to refer this issue to the Bylaws Committee. Mr. Martin seconded. The motion passes unanimously.

COMMITTEE REPORTS:

BUDGET COMMITTEE:

Chair, Bill Scheuerle stated that there will be no July meeting for the Budget Committee. The next meeting for the Budget Committee will be August 24, at 1:00 p.m. at the John F. Germany Public Library. The committee discussed what has happened with the proposed Seffner-Mango Library property that has been purchased by the Public Works Department. A public meeting held by the Public Works Department met with opposition from citizens. At this time no action has been taken.

There has been no further information on the FishHawk property. The Committee has asked staff to review the letter of intent from the FishHawk Corporation regarding a site. Ms. Cameron stated that they are marketing that a library will be built in the development.

At the last meeting, the Budget Committee recommended to the Library Board that a services feasibility study be conducted for the Sulphur Springs area. A report to the Library Board is scheduled for August.

Mr. Stines added that there are two public meetings scheduled before adoption of the FY05 budget: Budget Workshop July 28 at 1:30 p.m.; Budget Reconciliation July 29 at 9:00 -4:00. Real Estate is moving forward with the purchase of additional land for the North Tampa Library. However, there are no funds for the expansion in the FY05 budget.

PLANNING COMMITTEE:

Co-Chairs, Sandra Cameron and Kay O'Rourke; Ms. O'Rourke stated that the next meeting will be August 24, at 1:30 p.m. following the Budget Committee. Ms. O'Rourke asked Mr. Stines to discuss the master plan and the planning areas. Mr. Stines gave a progress report stating that County Administrator, Pat Bean, had appointed a staff committee, under the direction of Bernardo Garcia, ACA, Community Services, to oversee the approval process for any department. Library Services will be the first and we volunteered to take our plan through that process. Ms. Bean conducted a briefing for the BOCC at the same time she covered the topic of urban and rural. The planning zones that were created by Wilson Miller have been replaced with county-wide urban and rural planning zones. The committee created geographic boundaries based on urban and rural definitions. Dr. Scheuerle asked, “How rural is defined?”

Mr. Stines stated that rural is defined by the current Hillsborough County Comprehensive Plan and these boundaries will not change until the Comprehensive Plan is updated. Dr. Scheuerle asked whether it was based on population per acre. Ms. Challener stated that it is based more on where the urban areas are, which is where the County will provide certain levels of service i.e. sewer, street lighting, etc. Mr. Stines stated that there are several instances where the urban and rural boundaries cut across a census tract and the Committee has agreed that when a census tract is split between urban and rural that tract would be designated as urban. So it will be based on population but there are other definitions.

Mr. Stines directed staff to get a better definition of the urban and rural definitions. Mr. Wullschleger is redefining the original planning zones with these new guidelines. The City of Tampa is divided into North, Central, and South Tampa. The cities of Plant City and Temple Terrace are considered their own zones. Mr. Stines hopes to have a draft plan for the Library Board by August.

Ms. O'Rourke asked Mr. Wullschleger to update the Board on new projects.

  • Lutz dedication is scheduled for August 13 at 10:00 a.m.
  • North Tampa is progressing well, funding for the property is in the budget.
  • Saunders is finished and has been rededicated.
  • West Gate - BOCC approval of the architect is scheduled for July 21.
  • Upper Tampa Bay and South Brandon are on schedule.
  • South County - a meeting has been scheduled with Architectural Services to review the drawings.
  • West Tampa parking lot - all permits are in place, working on logistics with the store.

There will be no Planning Committee meeting in July.

POLICIES & BYLAWS COMMITTEE:

Chair, Alma Hires stated that they will be meeting in July at 2:30, prior to the Library Board meeting on July 22.

The committee recommended to the Library Board that the West Tampa Reading Room be named for Dora Reeder, the Community Room for Tony Garcia, and the Tutorial Room for Dorothy Harmon. Each of these rooms was assigned based on the work that each person had previously done in the area. Mr. Johnson made the motion that the Board name the Reading Room for Dora Reeder. Ms. Fisher seconded. Dr. Scheuerle amended the motion to Dora L. Reeder. The motion passed unanimously.

Dr. Hires made the motion that the Library Board name the Community Room after Tony Garcia. Mr. Martin seconded. The motion passed unanimously.

Dr. Hires made the motion that the Library Board name the Tutorial Room after Dorothy Harmon. Mr. Johnson seconded. The motion passed unanimously.

Staff will contact the honorees for correct spelling.

Dr. Hires stated that the Committee also recommends that the Library Board direct the staff to honor these individuals with a plaque and that the plaques should be uniform and consistent in appearance. Mr. Martin so moved. Mr. Johnson seconded. Dr. Scheuerle asked whether the plaques were to be given to the individuals or to be hung in the rooms. The Committee stated that they would be hung in the rooms. The motion passed unanimously.

The Committee also recommends that staff develop a procedure for these plaques that outlines the wording, size, etc. Mr. Stines stated that since these events may result in the group having a reception or recognition event, the procedures would cover this. And Library would be available to assist as needed. Dr. Hires so moved. Ms. Swisshelm seconded. The motion passed unanimously.

Mrs. Reeder thanked the Board members for their consideration.

The Committee recommends that the Library Board approve the naming of the Community Room at the Robert W. Saunders, Sr. Public Library for Dr. Walter L. Smith, past president of Florida A&M University. Mr. Martin seconded. The motion passed unanimously.

The Committee recommends that the Library Board approve the revised Bylaws. Assistant County Attorney, Linda Davidson stated that the Policy & Bylaws Committee had requested that she obtain and review bylaws that are currently being used by other advisory boards appointed by the BOCC. Article 3 Meetings, Section 10 was changed to provide a mechanism for the Library Board to operate when a quorum is not present. Ms. Swisshelm requested this item be held over for the July meeting to give the Board a chance to review.

UNFINISHED BUSINESS:

Dr. Hires stated that the Committee voted that Ms. Vickers or Dr. Hires would accompany Mr. Stines to meet with members of the McLean Family regarding the naming of the South Brandon Library since the Committee has not had any response from Mr. Austin who made the original nomination. Mr. Stines stated that he would like to recommend to the family that the Community Room be named for the family instead of the Library building. Mr. Stines will report to the Library Board at the next meeting.

Ms. Vickers stated that at a previous meeting a question was raised regarding the Special Act. Assistant County Attorney Linda Davidson distributed a copy of her legal opinion. Are there statutory requirements governing the solicitation of charitable contributions in Florida? The short answer is yes. The second question is Can the Public Library be held liable for fraudulent solicitations allegedly made on its behalf by a non-employee but without its express authorization? Generally, one person can not be held responsible for the fraudulent conduct of another person unless the person committing the fraud is found to be the agent of the other, acting within the scope of the agent's authority. And that would be determined by the facts and circumstances in each particular case. The statute requires most charitable organizations to register before they begin solicitations. There is a specific exemption for public entities. A public entity soliciting would not have to register and an authorized person, soliciting on behalf of a public entity, would not have to register as long as the solicitation is solely for the public entity.

Dr. Scheuerle posed this scenario: Suppose Joe Resident decides he wants to do something with a library and he goes out and starts soliciting funds, which he plans to give to the Library, but maybe the County Commissioners do not want Joe to go out there soliciting for the Library nor does the Library Board. What do we do? Ms. Davidson responded that she was not sure that the question would be is there liability. Usually liability attaches if something going on involves negligence, fraud or something like that. What Dr. Scheuerle is describing is more of a policy issue. What is he doing with the money? It also raised the question of is there fraud going on. If an individual is saying that they are raising money for a library but they are not turning money over to the library that would be fraud. Here however, they are raising money and they do want to turn it over but you don't want that individual raising money, that becomes a policy issue. There are no County policies that address any kind of solicitation.

Ms. Vickers posed this scenario: Joe Resident decides not just to collect money for a library but he thinks that particular library needs something specific i.e. a special sink, or shelf, and he thinks that they should have it and begins soliciting money for that purpose. This might be something that the Library Board may not want to accept for that purpose. Ms. Challener stated that at the last meeting, the Board had discussed donations and that there is a policy for donations but that it only covers the donation of books. Staff was directed at that meeting to find some sample policies that might address this issue.

Dr. Scheuerle stated that FishHawk is using a proposed library site in their advertisement, could this be construed as fraud. Ms. Davidson stated that the advertisement would have to be reviewed and then a determination would have to be made who or what regulates that sort of thing. It may fall under Consumer Affairs jurisdiction.

Dr. Scheuerle thanked Ms. Davidson for her opinion and stated that the Library Board needs to think whether they want to set up policies that pertain to this and continue this as soon as staff has completed the search for similar policies at other institutions.

Ms. Vickers asked that since they have been made aware of the FishHawk marketing, would it be possible to have a copy by the next meeting. Ms. Cameron stated that she was told that it was on the site map that they are using and that another person was told this when they visited the development. Mr. Stines stated that he would speak to Mike Kelly, Director, Real Estate Department.

Ms. Vickers suggested that the Library Board read the opinion and bring comments and questions to the next meeting.

NEW BUSINESS:

NOMINATING COMMITTEE:

Helen Swisshelm, Jim Johnson and William Scheuerle proposed the following slate of Officers:

President - Laura Vickers
Vice President - Alma Hires
Secretary - Ted Corwin

All of the candidates accepted their nominations. Elections will be held during the July meeting.

Mr. Stines reminded Board members who have applied for reappointment that this item will be scheduled on the July 21 BOCC meeting but may be deferred to a later meeting.

DIRECTOR'S REPORT:

Ms. Challener stated that she had distributed a written report and asked Mr. Stines if he had anything to add. Mr. Stines stated that he attended the quarterly meeting of the Hillsborough County Public Library Cooperative (HCPLC) as the Administrative Head. The interlocal agreement between the County and the Cities of Temple Terrace and Plant City is due for renewal September 2004. The County is requesting a one year renewal as opposed to a three year renewal. The Cooperative is requesting a two year renewal. Mr. Stines will take their recommendation to the County Administrator.

A quarterly report will be made from the Cooperative, tracking their achievements as outlined in the Cooperative Strategic Plan.

Mr. Stines will not be returning to the Library until mid or late August and will be taking a month vacation in late September.

Mr. Stines reported on the meeting of the feasibility study for the John F. Germany Public Library, stating that staff gave the consultants a lot of comments and directions. He hopes to have an in-depth report for the Planning Committee meeting in August.

Ms. Challener stated that the John F. Germany Public Library was nominated in The Library Journal for Library of the Year which is an annual award. We did not win but did receive an Honorable Mention.

Anyone interested in car pooling for the July 22 meeting, please call the office at 273-3660.

Meeting Dates:

The Budget and Planning Committees voted not to have Committee meetings in July.

Budget Committee – Tuesday, August 24, 2004 - 1:00 p.m. at the John F. Germany Public Library

Planning - Tuesday, August 24, 2004 - 1:30 p.m. at the John F. Germany Public Library

Policy & Bylaws – Thursday, July 22, 2004 - 2:30 p.m. at the 78th Street Community Library

Library Board – Thursday, June 24, 2004 - 4:00 p.m. at the 78th Street Community Library

ADJOURNMENT:

The meeting was adjourned at 5:40pm.

Next Library Board Meeting:
         Date: August 26, 2004
         Time: 4pm-6pm
         Location: John F. Germany Library

                 - Unless notified otherwise


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