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HomeMy WebLinkAbout1953-07-01 250 Bozeman, Montana July 1, 1953 The Commission of the City of Rozeman met in ree;ular sess ion in the Commission Room, City Hall building;, Wednesday afternoon, ,July 1. 1~53 at 1:00 o'clock f. JIIf. rresent were Mayor Secor, Commissioner Lowe, Commissioner Erwin, City Manalrer Henderson, City Attorney Lovelace and the Clerk when the following proceedint';s were had: Minutes of the last regular session were read, and it was moved by Corrunissioner Lowe. seconded by Co;runissioner J<;rwin, that the minutes be approved as read. and the motion was carried by the follow- ing Aye and No vote: those voting Aye being; Mayor Secor, Commissioner Lowe, Commissioner Erwin; those voting No, none. CoItununication Re: tarellel Farking A letter from the Mam'"l;;er of the Chamber of Commerce was read expressing the appreciation of the Chamber of Corrunerce for the City havint; carried out the recommendations of the C. of C. Directors and Road Conunittee by changing from anEle to p8.rallel parkin!!, on Main Street. Selling Coca Gola at Swirm,-,inc:: Fool A request to install a Coca Cola vending machine at the swimminf; pool and the skating rirlks was discussed. The matter was referred to the Board of Recreation for recommendation. tarking Lot on Ground South of Library A proposal to use approximately twenty feet on the south part of the Library lawn for parking purposes was discussed. It was stated that approximately sixteen cars could be perked on this area. It was moved by Conunissioner Lowe, seconded by Commissioner Erwin, that the City Manager be authorized to use arFroximately the south twenty feet of the present Library lawn and make the necessary improve- ments to develop this as a free parking area, and the motion was carried by the followinU; Aye and No vote: those voting Aye being Mayor Secor, Commissioner Lowe, Commi ssioner Erwin; those voting; No, none. Final Passage Resolution No. 740 Assessment S. I. D. 366 The Manager stated this was the time and place set for the hearing of protests to levying the assessment for Special Improvement District No. 366. He presented the affidavit of publication of the Notice, and stated that no protests have been filed and no one is present to protest. He presented Resolution No. 740, entitled: A RESOLUTION OF THB COMMTSS ION OF THB CITY OF BOZEMAN, MONTANA, LEVYING AND ASSESSTNG A SFECI AL ASSESSMENT OF' TAXES UPON ALL THE FF(OPERTY IN SPECIAL IMPROVBMENT DISTRICT NO. 366 IN THE CITY OF' ROZEMAN, C01JNTY OF GALLATIN, STATE OF MONTANA, TO DEFRA_Y THE COST OF CONSTRUCTING AND MAKING THE IMPROVBMENTS WITHIN SAID SPECIAL IMPROVEMENT DIS'rRICT NO. 366. It W8.S moved by Commissioner Erwin, seconded by Commissioner Lowe, that the resolution be finally passed and adopted and the motion was carried by the following Aye and No vote: those voting Aye beine>; Mayor Secor, Commissioner Lowe, Commissioner Erwin; those votine; No, none. Airrort Board -- Chaffin Declines Re-arrointment A communication from Dean Chaffin was read, stating that his term as a member of the Gallatin Field Board would exrire July 31st, 1953. He stated further that he does not wish to be re-appointe.d as a member of said Board. Relorts The following ref:orts for the month of June, 1953 were presented: Cashier Librarian Water Collector Fire Chief Folice Judge It was moved by Corrmissioner Erwin, seconded by Conunissioner Lowe, that the reports be accepted and ordered filed, and the motion was carried by the followinr Aye and No vote: those voting Aye being Mayor Secor, Conunissioner Lowe, Commissioner Erwin; those votinE No, none. I I I. Hesolution No. 741 -- Authorizing Fluoridation of Water Supply The matter of official action by the City Commission on authorizing fluoridation of' the water supplies of this City was opened for discussion. Resolution No. 741, entitled, "A RESOLUTION OF' TEE CITY COMMISSION OF THE CITY OF BOZEMAN. MON TAN A , FROVTDING FOR TFE TNTRODPC'rION OF FLUORINE INTO THE DRINKING WATER SUFPLY SYSTEM OF' THF. 'CITY OF' BOZEMAN", was presented. Commissioner Lowe spoke in opposition to this proposed resolution and requested that I the followin.r: statement be made a part of these minutes to clarify his position in this matter: "For more than two years the matter of fluoridating the water supplies of this city has been under consideration. On Aug;ust 15, 1951 the City Conunission authorized advertisin.r; for bids for fluoridating equipment and, on October 3, 1951, a bid for such equipment was accepted. I voted 'Aye' on both of those actions but, subsequent to that time, I have read many documents both 'pro' and 'Con' on tile subject by medical and dental men as well as legislative and conr:ressional reforts and have talked with many citizens in an attempt to formulate an unbLased and ?pe~-minded decision on this question of fluorida- tion. In my opinion, to be unbiased and open minded, one must both a~cept and ~ject and weigh all facts and information carefully. Based on this theory, and conclusions I have reached as a result of my findings, I am oPFosed to this resolution and to the addition of fluorine to the water supplies of Bozeman at this time for the following reasons: 1. The general public has not been informed equally on the t~ro' and 'con' sidSSali' the issue. 2. Fluoridation would not be for the best interests of the entire public. 3. Fluoridation is sponsored and promoted by minority groups for the benefit of a minority of the citizens and, in my opinion. may expose the majority of the citizens to some risk of ill effects from its continued use. 1 4. I believe it is a violation of elementary human rights to add fluorine to our public water supply thereby forcinE: all individuals to take e medicine whether they want it or not and, in my opinion, fluoridation of e. public water supply is forced medication. 5. It is recognized that certain religious and other rroups are definitely opposed to fluoridation as an infringement on their rights and freedoms on the grounds that it is mass medication and, in my opinion. the rights of such groups should certainly be protected the S8_me as the rigilts of all other persons. 6. Doctors and dentists do not or cannot ag:ree and will make no r;uarantee OE whether or not continued and prolonged dosages of fluorine will prodnce harmful effect on the human body nor are facts presented by both s ides in agreement as to the degree of benefi t or the exact ae;e that benefit may occur to any child. 7. Medical and dental authorities publicise the fact that home and office treatments with fluorine as a means of reducinf~ dental caries are available and, in view of this fact and, in my opinion, this makes the mass application of or mass medication with fluorine highly unnecessary and undesirable. 8. Dental authorities publicise excessive consumption of sugar by children in such forms as candy, soft drinks, etc., as a major cause of cavities in children's teeth and I raise the question as to whetner or not it is more important to correct that condition than to add a toxic poison to all drinking water in the hope that it will, to some degree, correct this cond i tion of excessive dental ca ries in children. 9. There has been no indication by the peorle of Bozeman to date as to e wide-spread, extreme demand for fluoridation of our public water supply. Very little concern or interest has been shown in the fact that it has taken almost two years to even g;et equipment i.nstalled. 10. In my opinion, data has not been compiled over a sufficient lencth of time to establish conclusively that no bodily harm will come from continued dosages of fluorine and I there- fore consider that a 'calculated risk' must be assumed in fluoridating public water sup- plies until such data is complete and conclusive. 1 11. I find no public agency nor no individuals who are willing, lerally or morally, to accept full responsibility for any adverse effects that prolonged d rink int:; of fluoridated water might produce. The conclusions I have reached in this matter are not influenced by ar,y Group. reli.!';ious, professional or other, but are from my studies of all available information and are that, until more conclusive facts are known on fluoridation, we should not fluoridate the water supplies of this City. I am, therefore, opposed to this proposed resolution." After further discussion of the question, it was moved by Commissioner Erwin, seconded by Mayor Secor, that Resolution ~(41, as titled above, be approved and adopted and the motion was carried, those voting "Aye" being Mayor Secor and Commissioner Erwin and those votinf, "No" beinl\ Commissioner Lowe. 'J",rt ,-..In 252 Authorizint; AFpeal to Surreme Court from District Court Decision Hequirin{' Jury 'rrials in Police Court City Attorney Dan R. Lovelace advised the Commission that on Friday, June 26, one Olin A. Durham had been tried in Police Court for driving while under the influence of intoxicatinL liquor and con- victed of the offense charRed. Mr. Durham's Attorney, D. A. Nash, prior to trial, had made a written request for jury trial which had been denied by Judge Johnson and on Saturday, June 27, Mr. Nash had secured from the Supreme Court of the State of Montana a Writ of Habeas Corpus returnable to the District Court in the E:ighteenth Judicial District in and for the County of Gallatin at 10:00 o'clock Monday morning, June 29. Mr. Lovelace stated that at that time and place the matter was argued before District .Judge Lessley who, after taking the matter under advisement rendered a decision Monday afternoon, June 29, remanding the said Durham to the cusc;ody of the Police Department and directing that he be tried by ,jury in Police Court within forty-eirht hours. Mr. Lovelace stated, that after giving the matter considerable thou,,,;nt and discussing it wi th the City Manager, he had filed a Petition in the District Court this day requesting Judge Lessley to stay the proceedings by him ordered in the Folice Court until proper proceedinf':s could be perfected to have the matter revi ewed by the ~J:ontana Supreme Court. City Attorney Lovelace advised the Commission that the question of whether ,jury trials were allowable in Poli~e Courts has never been decided by the Supreme Court of Montana and is a question of vital importance to every municipality in the State because of the increased burden it will place uron the Police Courts and Cities. He stated that it was nis opinion and recommendation tnat the matter should be decided by the Supreme Court and recommended that the City of Bozeman should ask such review if it was possible to se~ure the same. Whereupon, it was moved by Commissioner Lowe, seconded b;l Commissioner Erwin, that the City Attorney's recommendation be accepted and that the City of Bozeman teke the necessR.ry steps to ask review of the Di st,rict Court's decision in the Supreme Court of Montana. and that City Attorney Dan T? Lovelace be authorized and directed to perfect the proper leg:al proceedinr,s to ask such review and be authorized to incur the necessary expense in connection therewith and the motion was carried by the followine; Aye And No vote: those voting Aye being Mayor Secor, Commissioner Lowe, Commissioner Erwin; those votin!~ No, none. Yurchase of ChloY'inating MHchine for South Side Reservoir The matter of the purchasing of a new chlorinatint machine for the South Side Water Supply as discussed a t the last ref!:ula r meetin~ was considered further. The Manag;er inforned the Commiss ion that, wi th a trade-in allowance which could be secured for the f1hlorinator now in use at this sUPfly, a new, Wallace and Tiernan Visible VHCUum Chlorinator, Type MSVC-M, can be purch8.sed for a net cost of $975.00. It was moved by Commissioner Erwin, seconded by Con~issioner Lowe, that the City Manager be authorized to purchase this machine at a net cost of $975.00 and the motion was carded by the follow- ing Aye and No vote: those voting Aye beinr, Mayor Secor, COi!llTlissioner Lowe, Commi ssioner Erwin; those voting No, none. FurclwS6)f Chlorinatinc Machine for Swimming Pool The Mana ger stated that the chlorinator from the South Side Water Supply, beinp; traded in to Wallace & Tiernan Co., can be purchased from them, wi th a trade-in allowance for the old and un-usable chlorinator now at the swimming pool, for a net cost of $600.00. This machine will fill all needs at the swinmdng pool and, since it is of the same type as the new machine being purchased for the South Side supply, it can also be used as a stand-by or emergency machine for that location. I I 1 It was moved by Conmlissioner Lowe, seconded by Commissioner Erwin, that the City Manager ')-9 ,....a~) be authorized to purchase this second-hand machine for chlorinating the water at the swhnming pool at a net cost of $600.00, and the motion was carried by the followinp; Aye and No vote~ those voting Aye being Mayor Secor, Commissioner Lowe, Comrrdssioner Erwin; those voting No, none. Request for Limited Parking Zone -- Keeton-Vadheim Clinic I A request for a limited parkinr:: zone at the Keeton-Vadheim CUnic at III South Tracy Avenue was read. After consideration, it was moved by Commissioner Lowe, seconded by Commissioner Erwin, that the request be denied and the City Manager be directed to confer wi th Drs. Keeton and Vadheim and explain why the request was denied, and the motion was carried by the following Aye and No vote~ those voting Aye being Mayor Secor, Commissioner Lowe, Conunissioner grwin; those voting: No, none. j:dj ou r:ir:.:fl8nt There beinf~ no further business to come before the Commission at this time, it wes moved by Cormnissioner Erwin. seconded by Commissioner Lowe, that the meeting adjourn, and the motion was carried by the following Aye and No vote: those votinr, Aye beinG Mayor Secor, Commissioner Lowe, Commissioner Erwin; those voting No, none. !to a L Mayor Attest: I g{f~n 1