03/13/63 Board of Public Works Special Meeting Minutes

Home Browse Search

March 139 1963 A special meeting of the Board of Public Safety was held on Wednesday, March 13, 1963 at 10:15 A.M. in the Police Classroem, City Hall. Messrs. Ray S. Andrysiak and Edwin L. Davies were present. Also present were Messrs. Norman Kopek, Assistant City Attorney, James Hill, Chief Sanitarian of the Health Department, Stephen Molnar$ Assistant Sanitarian, Leonard Krulewitch, Sanitation fficer, Street Department, Mr. Hoerstman, Chemical Engineer from the Sfate Board of Health. Also present were Messrs. Jay Rose, representing the Rose Coal & Fuel Company and Nicholas Cholis, attorney for Rose Coal & Fuel Company, and Councilman of the 6th District, Chester Muszynski in the interest of property owners remonstrating against a coal dust nuisance from Rose Coal & Fuel Company at 1512 Western Avenue. Mr. Arthur J. Waltersq attorney, representing the New Jersey, Indiana & Illinois Central Freight & Railroad Company was present as were several remonstrators living in the effected area, and Mrs. Freda Noble, City Clerk. COMPLAINT: ROSE COAL & FUEL COMPANY _COAL DUST) This meeting was called to order by Mr. R. S. Andrysiak, City Engineer, °- and Board member. The meeting was called because remonstrances from property owners in the vicinity of Rose Fuel & Coal Company, located at 1512 Western Avenue were filed charging excessive coal dust which, they claim, is a health hazard and a public nuisance. The matter was brought to the floor at the Council Meeting on March 119 1963 by Councilman Muszynski and it was agreed to hold the st�ecial meeting at this time, at the request of Mr. Irving Smith, City Attorney and Board Chairman. At this point, the meeting was turned over to Mr. Kopec, Assistant City Attorney, in the absence of City Attorney Irving J. Smith. Mr. James Hill, Chief Canitarian of the St. Joseph County Health Department, submitted a report on Coal Dust with a copy of (1942 Burn's Statutes 10-2502) Public Nuisance. The report was accepted and ordered placed on file. Mr. Krulewitch pointed out that the aggrieved should appear before the Prosecuting Attorney and file an affidavit, if it has not already been done, in order to point out the importance and seriousness of this dust problem as the property owners see it. Mr. Kopec stated that affidavits have been signed and are now in the Prosecutor's Office. No arrests have been met as yet. Mr. James Hill, Chief Sanitarian of the Health Department., stated that he had received complaints from the\peopl-e in the neighborhood of the Coal Company location concerning excessive coal dust. The Board of Public Safety had also requested an investigation. Studies dealt with the neighborhood around the fuel yard on Western Avenue and not on the unloading area. He further stated that South Bend does not have an ordinance pertaining to air -pollution and no standard upon which to determine whit' -As a health hazard. He wrote to Mr. Dean High, Chairman of the Indiana Air Pollution Service and asked him to send someone who is familiar with this Air Pollution problem to the city to investigate and report. Mr. Hoerstman, Chemical Engineer from the State Board of Health, has not, as yet, had sufficient time to conduct a study on this situation. Councilman Muszynski stated that at a meeting last October Mr. Rose had promised that he would do something to help on the dust problem but nothing has been done. The following remonstrators were heard: