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CLEARFIELD CITY COUNCIL MEETING
MINUTES 7:00 P.M. REGULAR SESSION
August 10, 2004
PRESIDING: James Barlow Mayor Pro Tem
EXCUSED: Tom Waggoner Mayor
PRESENT: Ivan Anderson Councilmember
Marilyn Fryer Councilmember
Doyle Sprague Councilmember
Don Wood Councilmember
STAFF PRESENT: Jack Bippes City Manager
Jim Schilling Police Chief, Scott Hodge Public Works Director, Kay Chandler
Economic Dev. Director, Kent Bush Planning/Zoning Admin., Gregg Benson Planner,
Roger Bodily Fire Chief, Bert Pay Fire Department, Bob Wylie Finance Director,
Mark Weekes Fire Department, Dave Youngberg Fire Department, Nancy Dean City
Recorder, Janna Head Secretary
EXCUSED: Larry Waggoner City Attorney
VISITORS: Antone Clark – Standard Examiner, Boy Scout Troop 78 of the Clearfield
Community Church, Shawn Wardle, Scott Wardle, Steven Rasmussen – South
Clearfield Elementary School, C. Stratton, Royce Bodily, Bob A. Martin, Von
Lokham, David Wardle – Scout Troop 308, Derek Wetenkamp,
Mayor Pro Tem Barlow informed the citizens present that if they would like to
comment during the Public Hearing and Citizen Comments there were forms to fill
out by the door.
Councilmember Sprague led the pledge of allegiance.
[...]
CONSIDERATION OF RESOLUTION 2004R-20 ADOPTING A POLICY
ADDRESSING HOLDING AN OPENING CEREMONY FOR CITY COUNCIL
MEETINGS – TABLED
Jack Bippes, City Manager, explained at the request of Council member Barlow,
the City Council discussed establishing a policy for holding an opening ceremony
at regular City Council meetings on July 27, 2004. He reported the Council then
directed the City Attorney to prepare a resolution on the policy for
consideration.
Mayor Pro Tem Barlow briefed the Board about Mayor Waggoner’s letter pertaining
to presenters if the motion passed, that was added to their packets, and read
the letter as follows:
Dear Presenter,
Thank you for taking the time to volunteer to continue our tradition of
presenting an invocation at the City Council meetings. We have found from long
experience that an invocation at the beginning of City Council meeting helps
create a thoughtful atmosphere in which to perform our services to the
community.
We therefore request that your invocation comply with the following:
1. The invocation should not:
a. include an attempt to convert or advance any particular faith, belief or
philosophy;
b. degrade any person because of religion, race, ethnic background, national
origin, sex gender or philosophy;
c. be crude, vulgar or offensive to the public sense of decency; and
d. exceed two (2) minutes in length.
2. All such presentations will be made gratuitously and as a part of the Opening
Ceremony of the City Council’s regular Tuesday meetings, which will also include
a Pledge of Allegiance to the flag.
The City will not regulate or dictate the exact form or substance of an
invocation. These guidelines are a request that all statements be sensitive to
the feelings of others and promote understanding, elevate motives and create a
more civil environment for conducting the public’s business.
Sincerely,
Thomas C. Waggoner
Clearfield City Mayor
Mayor Pro Tem Barlow continued with an article he found on the Internet that he
found interesting and worthy of sharing. He read:
The Office of the Senate Chaplain
When the Senate first convened in New York City on April 6, 1789, one of its
first orders of business was to appoint a committee to recommend a candidate for
chaplain. On April 25, the Senate elected the Right Reverend Samuel Provost,
Episcopal Bishop of New York, as its first chaplain. Since that time, the Senate
has been served by chaplains of various religious denominations, including
Episcopalians (19), Methodists (17), Presbyterians (14), Baptists (6),
Unitarians (2), Congregationalists (1), Lutherans (1), and Roman Catholic (1).
The Senate has also appointed guest chaplains representative of all the world’s
major religious faiths. In addition to opening the Senate each day in prayer,
the current Senate chaplain’s duties include spiritual care and counseling for
senators, their families, and their staffs – a combined constituency of over
6,000 people – and special Bible study groups, discussion sessions, and prayer
meetings, including a weekly Senators’ Prayer Breakfast.
Mayor Pro Tem Barlow continued reading another article as follows:
Chaplain’s Office
Throughout the years, the United States Senate has honored the historic
separation of Church and State, but not the separation of God and State. The
first Senate meeting in New York City on April 25, 1789, elected the Right
Reverend Samuel Provost, the Episcopal Bishop of New York, as its first
Chaplain. During the past two hundred and seven years, all sessions of the
Senate have been opened with prayer, strongly affirming the Senate’s faith in
God as Sovereign Lord of our Nation. The role of the Chaplain as spiritual
advisor and counselor has expanded over the years from a part-time position to a
full-time job as one of the Officers of the Senate. The Office of the Chaplain
is nonpartisan, nonpolitical, and nonsectarian.
Mayor Pro Tem Barlow commented that this would be another way to approach the
opening ceremony issue—to have a City Chaplain who would be in charge of
facilitating an opening exercise prayer.
Council member Fryer, quoting from the proposed Resolution 2004R-20, read:
“WHEREAS, presentations during the opening ceremonies are intended to be
nondenominational and non-proselytizing in character;” and added that if no
person comes forward to give the prayer, a member of the Council would be asked
to say the prayer and she stated she did not know how to give a
non-denominational prayer. She continued she could give a prayer of her own
faith, but it would not be non-denominational. Mayor Pro Tem Barlow said he did
not think the Resolution implied a certain religion. Councilmember Fryer said in
order for a prayer to be non-denominational, it would need to be something like
reading The Lord’s Prayer, which she didn’t think was a good idea. Mayor Pro Tem
Barlow stated the phraseology could be changed. Councilmember Fryer stated she
didn’t think she could comply with the resolution. Councilmember Wood suggested
this issue be tabled while the Council looks into the employment of a City
Chaplain to handle the opening ceremony prayer. He continued that the Chaplain
could rotate on an annual basis, giving all denominations, faiths, sects, and
religions an opportunity to participate. Councilmember Fryer said this would be
fine. She said years ago, when she was in PTA, that different denominations were
invited to come and open the PTA meeting with prayer. Jack Bippes, City Manager,
suggested tabling the issue. Councilmember Wood also suggested tabling the
matter in order to consult with Larry Waggoner, City Attorney. He added that if
an individual is not able to come and participate after signing up, he would be
responsible to find a substitute. Councilmember Wood said in consideration of
members of the Council that are uncomfortable with this proposal, another format
ought to be looked into, and stated, “By the same token, we stand here before
this Meeting, and we pledge allegiance to a nation under God. The money in our
wallets states, “In God we Trust”. The scouts that are here this evening have an
oath in which they commit to do their duty to God and their Country. I,
personally, when I walk through the front door of this building, I’ve made
personal commitments and promises. I find it impossible for me to leave those at
the front door. In addition to that, many of the people that have elected me to
this office know that I have made those commitments and covenants, and they
trust me. They think I’m a man of integrity, as they do you, or they would not
have voted for you. I think for me to set those commitments aside and leave them
at the front door is a breach of their trust. It is definitely a compromise of
those covenants and commitments I have made as an individual. It is not my
purpose to impose my religion on others, but with all the challenges this City
has, I think we’re fools if we set our commitment and belief in Deity at the
front door before we enter this building.” He then suggested tabling the issue
until the City Attorney looks at this alternate option regarding a possible
Chaplain.
CLEARFIELD CITY COUNCIL MEETING
MINUTES -- 7:00 P.M. REGULAR SESSION
August 24, 2004
PRESIDING: Tom Waggoner Mayor
PRESENT: Ivan Anderson Councilmember, James Barlow Councilmember, Marilyn Fryer
Councilmember, Doyle Sprague Councilmember, Don Wood Councilmember
[...]
STAFFS’ REPORTS
Larry Waggoner – In regard to the opening ceremony and prayer issue, Mr.
Waggoner stated hiring a City Chaplain would not work. He said the City would
still need to allow anyone that wanted to say a prayer to do so. To answer
Councilmember Fryer’s questions about nondenominational prayer, he explained a
nondenominational prayer is where you do not make reference to God as he or she
or make reference to Jesus Christ. It could be considered partially religious.
Councilmember Fryer said she didn’t know how to give a prayer like that. Mr.
Waggoner said he didn’t either. Councilmember Fryer asked if the word
“non-denominational” had to stay in the resolution or if it could be re-worded.
Mayor Waggoner said it could be reworded. Larry Waggoner said it would have to
be non-denominational because that’s the requirement. Councilmember Fryer
pointed out she was not against having a prayer. Larry Waggoner said his
suggestion right from the beginning was to not have a prayer. He further
explained the reason why prayer was discontinued from Council Meetings at the
beginning of this year was because he recommended removing prayer because by
keeping it on, it would invite trouble. He advised those people who are
religious to have their own personal prayer before coming to Council Meeting. He
expressed about holding a non-denominational prayer in the opening ceremony, it
would open up the possibility of a lawsuit or for someone to come and make a
mockery of prayer. In referring to the prayer that the West Valley City man
wanted to give (the man who brought this whole issue up), Mr. Waggoner commented
it was nothing but a big farce; however, the Supreme Court would support it more
than likely. Councilmember Anderson questioned if a moment of silence would be a
viable option after the reciting of the Pledge of Allegiance. Larry Waggoner
responded that would be a possibility. Mayor Waggoner stated if a moment of
silence were held, it would still be open to anyone. Councilmember Anderson
replied that anyone would have to be silent too. Larry Waggoner said just about
any type of observance opens up the potential for problems. Larry Waggoner
suggested the reference to God in the Pledge of Allegiance is about as far as
the City should go. He added to the Council that nevertheless, they could choose
what to do because they are the elected officials. Mr. Waggoner noted he prays
all the time but not in public. Mayor Waggoner asked the Council if they would
like to bring this matter back again to a future agenda. Councilmember Barlow
said he would like to postpone it for a while because he will be out of town for
the next Council Meeting.
Mayor Waggoner informed the Council to remain in the Council Chambers for a
while because Nancy Dean, City Recorder, needed them to sign some documents.
There being no further business to come before the Council, Councilmember Wood
moved to adjourn as the City Council and reconvene as the RDA at 7: 22 p.m.,
seconded by Councilmember Anderson. All voting AYE.
**The minutes for the RDA are in a separate location.**
APPROVED AND ADOPTED
This 14th day of September, 2004.
/s/Thomas C. Waggoner, Mayor
CLEARFIELD CITY COUNCIL MEETING
MINUTES -- 7:00 P.M. REGULAR SESSION
December 14, 2004
PRESIDING: Tom Waggoner Mayor
PRESENT: Ivan Anderson Councilmember, James Barlow Councilmember, Marilyn Fryer,
Councilmember, Doyle Sprague Councilmember, Don Wood Councilmember
STAFF PRESENT: Jack Bippes City
Manager, Larry Waggoner City Attorney, Jim Schilling Police Chief, Gregg Benson
Planner, Scott Hodge Public Works Director, Bob Wylie Finance Director,
Tracy Heun Community Services Director, Nancy Dean City Recorder, Janna Head
Secretary
APPROVAL OF RESOLUTION 2004R-20 ADOPTING A POLICY ADDRESSING HOLDING AN
OPENING CEREMONY FOR CITY COUNCIL MEETINGS
Councilmember Barlow expressed he would like to approve the resolution with one
change. He noted in Section 7, it reads: “Those selected shall offer invocations
that are non-denominational, non-proselytizing and shall not degrade any person
because of religion, race, ethnic background, national origin, sex, gender or
philosophy and shall not be crude, vulgar or offensive to the public sense of
decency.” Councilmember Barlow recommended striking out the words
non-denominational, but leaving everything else as presented. Councilmember
Fryer wondered if all the people who signed this petition would volunteer to
come and give the prayer. Larry Waggoner, City Attorney, said that wouldn’t be a
good idea because they were all from the same religion. He added citizens from
different denominations should be encouraged to participate. He advised the
Council that he did not recommend establishing this policy. Councilmember Wood
noted the Council knew each other’s position through many discussions on the
issue.
Councilmember Barlow moved to approve Resolution 2004R-20, with the deletion of
the words non-denominational from Section 7, adopting a policy addressing
holding an opening ceremony for City Council meetings and take appropriate
action and authorize the Mayor’s signature to any necessary documents, seconded
by Councilmember Wood. The motion carried upon the following vote: Voting AYE –
Councilmembers Barlow, Fryer, and Wood. Voting NO – Councilmembers Anderson and
Sprague.
FOR IMMEDIATE RELEASE: March 21, 2007
FEDERAL COURT: STARKE, FLA.
VIOLATED FEDERAL, STATE
CONSTITUTIONS BY DISPLAYING CHRISTIAN CROSS
A federal court ruled Tuesday that the city of Starke, Fla. violated the federal
and state
constitutions by placing and maintaining a metal Christian cross on top of a
municipal water
tower.
A resident of the town, aided by American Atheists and represented by attorney
Frank
Shooster, challenged the display which had been erected over 30 years ago at the
behest of
local officials, and was illuminated at night. The cross was also periodically
maintained at
public expense.
U.S. District Court Judge John H. Moore, II found for the plaintiffs, and
dismissed several
arguments devised by the City. Citing earlier legal precedents, the judge noted
that the cross
was "indistinguishable from the ubiquitous crosses found on any number of
churches within
the State of Florida and across the country symbolizing Christianity." He added
in his written
opinion:
"The display of the Cross on the water tower has the unconstitutional effect of
advancing,
affirming, or otherwise validating Christianity ... To the objective observer,
the combination of
the words 'STARKE' and the Cross on the water tower clearly communicates the
City's
endorsement of Christianity..."
Edwin Kagin, National Legal Director for American Atheists, hailed the ruling as
a "great
victory for the First Amendment separation of church and state."
"No government, whether federal, local or state, should be promoting sectarian
religion and
using public money to build and maintain religious displays," Kagin added.
The City of Starke, Fla. removed the cross prior to today's finding. Judge Moore
said that his
ruling of Summary Judgment was necessary to prevent the town government "at some
point in
the future" from re-erecting the unconstitutional Christian cross on public
property.
"Let's hope that city officials comply with the District Court and not try an
'end run' around the
First Amendment," said Mr. Kagin. "If they do, we'll be ready to fight this case
again."
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