University of South Florida
Lakeland Campus
Land Acquisition Committee Meeting
Meeting Minutes
August 22, 2003
Land Acquisition Committee meeting with USF Lakeland
Campus Board, Reynolds, Smith & Hills (RS&H), 1:30 PM, August
22, 2003 – Sheraton, Four Points Hotel, Lakeland.
| Land Acquisition Members Present: |
Dr. Alice Murray (Chair)
Ms. Barbara Donerly
Ms.
Whitney Gaston
Dr. Art Karshmer
Dr. Al Sistrunk
Ms. Kristi Brown |
Mr. Gene Engle
Mr. Matthew Huber
Dr. Bernard Mackey |
| |
Additional
Meeting Attendees:
RS&H
USF Lakeland Campus Board
|
A. Welcome
Dr. Alice Murray announced that the Land Acquisition Meeting was noticed
jointly with the campus board. Dr. Murray then recognized Dr. Preston
Mercer.
B. Dr. Mercer
Dr. Preston Mercer addressed the questioning of
the validity of the vote taken by the Land Acquisition Committee (LAC)
on August 18, 2003. Dr. Mercer then introduced Hank Lavandera, General
Counsels Office – USF Tampa, to give his opinion regarding the
LAC vote. Mr. Lavandera stated that he reviewed all relevant documents
pertaining to the Land Acquisition Committee, researched and consulted
colleagues in the General Counsels office. Dr. Lavandera stated through
all of his findings he was of the opinion that the voting mechanism
used by the LAC met the letter of the law. Mr. Lavandera then gave
the description of the LAC’s voting mechanism the LAC members
individually ordered on a piece of paper the potential donor sites
1-5 with 1 being the first choice. The ranking forms were then turned
in – tallied by Dr. Murray and then written out on large poster
paper. The members of the LAC were then asked to sign a piece of paper
attesting that they had in fact voted. Mr. Lavandera read the voting
requirements of the law Florida Statue 286.012 – that provision
reads, “a vote shall be recorded or counted for each such member
present.” He then referred to the Government in the Sunshine
manual – in this manual page 44 there is a brief discussion of
section 286.012. There is a site that verses to the case of Rowe verses
School board of Collier County. This is a 1983 case which interprets
286.012, but the language in 1983 is identical to the language that
exists today in that statue. Mr. Lavandera read a portion from the
case – the case was out of the second district court of appeal – the
primary headquarters is in Lakeland – this case is binding on
Polk County. He continued with the question that confronted the judges
in that case was whether 286.012 requires a roll call vote of the members
of the public agency or present and voting so that each members specific
vote on every subject is recorded. The court worded that a roll call
vote so as to record the individual vote of each member is not necessary.
Mr. Lavandera then stated that the statue is that the vote shall be
recorded or counted for each such member present. Mr. Lavandera presented
to Dr. Mercer that the manner of ranking by the LAC on August 18 in
his opinion it did meet the letter of the law.
Dr. Mercer then supported that USF Lakeland go further to avoid any
appearance that the LAC acted outside the law. Since the August 22
meeting was a publicly noticed meeting of both the campus board and
the LAC – he ask that each of the LAC members identify their
individual rankings previously submitted on August 18, 2003 as their
vote. Dr. Mercer then asked Dr. Murray to pass out the sheets of paper
on which the committee members ranked the sites.
Dr. Murray collected the papers and individually passed out to each
LAC member. Dr. Murray then ask each member to read their rankings
individually beginning with Mr. Gene Engle.
C. Individual Committee Ranking of Each Site
Mr. Gene Engle –
Williams - 1
Crescent Cross – 2
Clear Springs – 3
Old Florida Plantation – 4
Hacklake Forest – 5
Dr. Art Karshmer –
Crescent Cross - 1
Williams – 2
Clear Springs – 3
Old Florida Plantation – 4
Hacklake Forest – 5
Mr. Matt Huber–
Crescent Cross - 1
Clear Springs – 2
Williams– 3
Hacklake Forest – 4
Old Florida Plantation– 5
Mrs. Whitney Gaston –
Williams - 1
Crescent Cross – 2
Clear Springs – 3
Hacklake Forest – 4
Old Florida Plantation– 5
Dr. Bernard Mackey –
Williams - 1
Crescent Cross – 2
Clear Springs – 3
Old Florida Plantation – 4
Hacklake Forest – 5
Dr. Al Sistrunk –
Williams - 1
Clear Springs – 2
Crescent Cross– 3
Hacklake Forest– 4
Old Florida Plantation – 5
Ms. Barbara Donerly –
Williams - 1
Crescent Cross – 2
Clear Springs – 3
Old Florida Plantation – 4
Hacklake Forest – 5
Dr. Murray then read aloud the amount of votes for each site.
D. LAC Vote on Donor Site
Dr. Murray addresses having heard the individual
and tallied rankings the issue will be put to a final vote. She then
ask that all the members of the committee in favor of recommending
the Williams site to the Campus Board signify by saying “I”.
All opposed signify by saying “Nay.” The motion passes
by unanimous vote.
E. Adjournment
Meeting was adjourned by Dr. Alice Murray. The next general meeting
is TBA.
Minutes taken and transcribed by: Kristi Brown
Approved by:
Dr. Alice Murray
|
