HomeMy WebLinkAboutDocumentation_Regular_Tab 06L_08/12/2003N~
A~
MEMO
DATE: 8/ 12/2003
TO: MAYOR AND COUNCIL ~~
FROM: MARY MILES, VILLAGE CLERK r
RE: DONATION OF FLAGPOLE TO CHURCH
At the council meeting of July 10, 2003, Mayor Resnik mentioned under `Any Other Matters" a
letter he received from First Baptist Church of Tequesta requesting to purchase the flagpole no
longer in use at 357 Tequesta Drive, and asked the best method to address this request. After
discussion regarding donating the flagpole, the Council motioned to declare the flagpole as "surplus"
and directed the Village Manager to look into a method of donating it to the church. Mr. Hawkins
has provided a legal opinion regarding this matter (see attached).
Pastor Paul Beresford from First Baptist Church has conveyed to me that they intend to place
the flagpole in the front of the church with a plaque stating this was from the Tequesta Village Hall
donated by the Village Council. They would also like to host an upcoming September 11~h Memorial
Service at the pole.
Thank you.
•L
MM
Totes
FoS'T`ER
ro~avsrro~t
X11 IJ~U~7~ JC~
Attorneys anti Counselors
Scott G. Hawkins, ~squlre
Direct Dial. Sfi9-650-0460
Direct Fax: 561-650-0436
E-Mail: shawkins(r~'tones-fvster.corn
August 72. 2003
Vla FACSIMILE: 375-6203
Mr. Michael R. Couzzo
Village Manager
Village of Tequest~a
Post Offer Sox 3273
Tequesta, Florida 33469-0273
RE. Donation of Flag Pole
Our File No. 13153.1
Dear Mike:
E=lag{erCenterTawer, Suitc 1100
505 Sduth Flagler Dtivc
West Palm Beach. Fleaida 33401
Telephone (561) 659-3000
Mulling Address
post Office Boa 3475
West Palm Beach, F7ori~a i:i41)2 :;475
The Village Clerk recenfly asked my opinion regarding the question of whether the
Village of 7equesta could donate its flagpole to a church in the Village. As I understand
it, the Village is no longer using the flagpole and the church has made a request that the
Village donate the ~agpole to it. Further, as I understand it, no Village funds .shall be
utilized to assist the church in any manner in this regard.
We have briefly reviewed this issue relative to the requirements in the Florida
Constitution's Religious Freedom Clause (Article I, Section 3). That Cause provides
that "there shall be no law respecting the establishment of religion or prohibiting or
penalizing the free exercise thereof. Religious freedom shall oat justify practices .
inconsistent with public morals, peach or safety. Na revenue of the state or any political
subdivision or agency thereof shall ever be taken from the public treasury directly or
indirectly in aid of any church, sect, or religious denomination or in aid of any sectarian
institution." Based vn our understanding of the facts and review of the cited provision,
we think that the Village's donation of the flagpole is permissible.
wwu~.jonee foeter.com
~•ia • a ZAf~ • [N.I SHSf 11S '8 NOlSNHOf 213150.E S3NOf WdEZ : b E00Z ' ZZ ' 9f ld
Mr. Michael R. Gou~, Jr.
August 12, 2003
Page 2
If you have any questions in this regard, please contact me forthwith.
This letter is being sent via facsimile to expedite your review and pursuant to your
request that this matter be addressed in writing.
Sincerely,
JONES, FOSTER, JOHNSTON & STUBBS, P.A.
By
Scott G. Hawkins
IV;IWGM131 S3-9Utr-ooumo-001-5gh.DOC
_ ' _ _ _ " _.. ....~..-..~ ~ .~+ r . v. ~ rv n ~n r 1r] ~ cn J 071. V1 f 1.4107 •4s ~'GIGI.~ ~ ~t