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HomeMy WebLinkAbout1996 11 11 Informational Item B ( , COMMISSION AGENDA ITEM B REGULAR CONSENT INFORMATIONAL X November 1 L 1996 Meeting MGR !2-W M. IDEPT Authorization REQUEST: City Manager advising the Commission of the status of City Policy regarding the placement of newspapers in the lobby of City Hall. PURPOSE: To clarify current policy regarding the placement of newspapers in City Hall. CONSIDERA TIONS: At the October 28, 1996 City Commission Meeting representations were made that the City has established a policy eliminating the placement of newspapers in the lobby of City Hall earlier this year. Although there has been a substantial degree of discussion on this issue, a search of the records of the Commission does not substantiate this representation. Commission's records indicate that on April 8, 1996 the Commission directed the City Manager and Attorney to develop a policy. A copy of the minutes of that meeting is attached. We anticipate bringing a policy to the Commission on this matter around the first of the year. FUNDING: None Required RECOMMENDATION: None required, information only. ATTACHMENTS: April 8, 1996 Commission Meeting minutes. COMMISSION ACTION: Page 1 ~ Regular Meeting City Commission April 8, 1996 95-96-13 Page 7 operate, the water situation in general, but they will only come with an invitation and stated it is something we might consider at some time. Commission Seat V - David McLeod: Commissioner McLeod asked the City Manager if the City has anything outlined of what can be left in the public buildings as far as papers, brochures etc., within City Hall, Civic Center or any other areas? Manager McLemore stated that the City has a Code Section that deals with that subject and stated that he (Manager) and Attorney Kruppenbacher have been discussing this issue in the last two weeks. Manager McLemore said that he had ~entioned to the Commission that he would bring back to them (Commission) a policy agenda item to deal with this issue if that is what the Commission desires. Manager McLemore said according to Attorney Kruppenbacher that Code provision is somewhat dated and at this point in time it is probably unconstitutional based on Court renderings that have been given since it was adopted; from a policy point of view, we have very little direction. What complicates this is that we have precedence and precedence is such that we have basically open this lobby for different kinds of publications and that is an important piece of information on how to deal with this from a policy perspective. Ifit is the Commission's desire to deal with this issue, I will need conformation from the Commission to follow through on what we started or if the Commission desires not to deal with the issue to tell him. Manager McLemore said this will be complicated and it is something we have to deal with and as best when we deal with it there will still be some "grey" areas because this is an issue that is litigated over and over on the First Amendment. Manager McLemore said the one difficulty for him as an administrator is that one prohibition that is very clear to him and it is a professional problem for him and that is what he can do as an administrator to deal with this policy. One of the things he (Manager) can't do and live within professional practice is to try and judge what is placed here based on content. Manager McLemore stated that he thinks he is constitutionally prohibited from that and said he needs some direction from the Commission as to how to deal with this or either he can't do anything. But, this is something that he (Manager) needs direction on from the Commission. Commissioner McLeod said his direction would be that the City Manager and City Attorney put a policy together on this issue. It may be that it is information that is only allowed in the building that is produced by the City, therefore, there would be no question of content. (If the content is the issue) Commissioner McLeod said the City Manager and City Attorney can come back to the Commission with recommendations as how this will be handled and said he (McLeod) hopes that it could be done within the next 30 days. Attorney Kruppenbacher said the Commission needs to say whether they want us (Manager & Attorney) to deal with the policy and we will come back with the policy we think is the one that can work legally. Attorney Kruppenbacher said if the Commission gives us direction to come up with a policy so that people will understand the rules, he feels that we (Commission/City) and live within ~ U1J~ -~~ Ifreo W~~. ~/? ~ ~.~..~ ~~.~ -1-0 ~4 _ na;>JL " .' . " ~ ~ . Regular Meeting City Commission April 8, 1996 95-96-13 Page 8 that guidance. Commissioner McLeod said that is what he is asking for, with the consent of the rest of the Commission. Manger McLemore said there are strong feelings on all sides of this First Amendment issue and he (Manager) understands that, because of the complicated nature on this Mayor Bush asked if the Commission agreed to Commissioner McLeod's suggestion to direct the City Manager and Attorney to come back to the Commission with a policy within 30 days. Discussion. Mayor Bush asked the Commission if they were in agreement with Commissioner McLeod's recommendation. It was the consensus of the Commission to have the City Manager and City Attorney come back with a policy within 30 days. Commissioner McLeod stated that the reason he is bringing this up is that he is under the understanding that material was removed out of the City Hall lobby by a Commissioner and said he doesn't think that anyone of the Commissioners here and himself included, are in a position or was elected to be in a position to decide what is right or wrong as an individual for this City. It is only here say that he heard or read that it happened. Commissioner McLeod said he has not talked to the individual unfortunately the Sunshine Law doesn't allow that to happen, but nevertheless, he understands that it did happen and he does not believe that those individuals would allow him to make those decisions and at the same token he doesn't want those individuals making those decisions. We have a City Manager that you take your complaint to and the City Manager will bring that back to the Commission to make the decision. Sometimes we do things out of haste and anger, perhaps that might have been the case, I just do not believe it's our position to do that. Commission Seat I - Larry Conniff: Commissioner Conniff mentioned that he received a letter from Oviedo High School requesting money for Project Graduation and seeing that we do not have High School yet in Winter Springs, he called the School Board and found out that we have 151 students that are graduating this year from Oviedo High School this year from Winter Springs~ there are 76 from Lyman High School, 2 at Lake Mary High School and 61 at Lake Howell High School. Commissioner Conniff stated the total is 290 high school students from Winter Springs are graduating this year and if we are going to do anything it would have to be spread out over the four High Schools. Commissioner Conniff said regarding the visioning along S.R. 434, there is a vacant brown building in front of Winter Springs Golf Course that we have to do something about. It is an eyesore and said he would like to have some information as to what is going to happen with that building, it has been vacant for a long time and thinks it is a hazard. Commissioner Conniff said as far as the Parks go when people come in and want to use the picnic area, do we have any Picnic Kits that we give out such as horseshoes, volley balls or anything like that. Mr. Wilson said yes.