HomeMy WebLinkAbout03/13/63 Board of Public Works Special Meeting MinutesMarch 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:
Mrs. Vincent Barczynski, 509 Harris Street presented pictures showing
dust on everything. The awnings and back steps were covered with dust.
Mr. Valentine Wlodarek, 505 S. Harris Street remonstrated.
Al Makowski, 445 S. Harris Street,stated thA they had never had any
trouble in this neighborhood until this coal company came in. The
coal is pnloaded from the bottom and then to the trucks and this
coal is dumped in by a conveyor, according to Mr. Makowski.
Mr. Wlodarek stated that he has been a resident in this neighborhood
for 27 years.
Mrs. VanHoef a resident at 443 S. Harris Street for 35 years also
remonstrated.
Mr. Andrysiak requested Mr. Hoerstman to supply the Board of Public
Safety with any additional information regarding coat dust and the
amount that would constitute a health hazard.
Mr. Kopec explained the law and how a claim action must prove beyond
a reasonable doubt that an offense has been committed.
Mr. Nicholas Cholis, attorney for Jay Rose of Rose Coal & Fuel Company,
stated that they will conduct some investigation on Huron Street and
Harris Street and would do something to help. He also stated that
the Community Coal Company has been in the area and the area is .zoned
heavy industrial. He stated that Rose Coal & Fuel Company has followed
the rules of the trade and that the coal must be oiled and that has
been done. He stated that perhaps the railroadis not doing what should
be done. (According to Mr. Rose the coal is oiled at the mines where
it is prepared and it is in accordance with government specifications
and it is transported by diesel.)
Mr. Jay Rose further stated that he would do anything within reason to
alleviate the situation. He stated that there is very little coal
moved in summer.
At this point Mrs. Freda Noble stated.that she had visited the area
and that the dirt and dust is very bad.
Mr. Kopec advised those present.that the Board of Public Safety has
gone as far as it can go and that it is now up to the people to proceed
as suggested by taking action with the Prosecutor.
There being no further business to come before the Board, the meetings
was adjourned at 11:35 A.M.
9 _rz�
Actin rman
Attest: Vthony J. Sabo, Clerk