meeting of the 7th board of representative. · meeting of the 7th board of representative. ......

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r o , I I o I . ' Minutes of June 3. 1963 3688 Meeting of the 7th Board of Representative. Stamford, Connecticut A regular meeting of the 7th Board of Repre.entative. of the City of Stamford v •• held on Monday, JUGe J, 1963, in the Cafeteria of the Dolan Junior HIgh School, Toaa Road, Stamford, Connecticut. The meeting wa. called to order by the President, Paul D. Shapero, at 8:15 P.K, INVOCATION va. given by labbl W. Pearlman, Temple Beth 11 PLEDGE OF ALLEGIANCE TO FLAG: Th. Prealdent led the ..... b.ra 1" the pl.dg. of allegiance to the flag, ROLL CALL v .. of the roll . 7th Dlatrlct abaent. The taken by the Clerk. There were 38 pre.ent and 2 absent at the calling However, after the election of a replacement for Mr . Robert M. Meyerl, Repreaentative, who rellgned, there were 39 member. preaent and . oae abaent lleaber va. Edwu'd Dombrolki. RESIGNATION - ROBERT H, MEYERS, Democrat, 7th Dl.trlct R.pr ••• ntatlv. THE PRESIDENT read a letter of reaignation from Mr . Meyera, who reaigned for the reaaon that he ia mavins out of the City . REPLACEHEIIT IN 7Tl1 DISTRICT: HR.. MULREED presented the name of CUAILES A. RODIN. Democrat, 37 Bracewood Lane ••• a replacement in the 7th District for Hr. Heyer.. Seconded by Dr. Grove, Mr. aaer and Hr. Gurliacci. MR. KUCZO preaented the name JULIUS J. BLOIS, replacement in the 7th Diatrict for Hr. Heyera. LODgO. Oemacrat, 11 Spring Street, a8 Seconded by Hr. Connorl and Mr. There being no further nominationa, the President declared the nominationa elated and directed the Teller. to diatribute the ballota to the membera. In order to avoid difficultiea which have been experienced In the paat, he instructed the me.hera how to proceed. He taid each member would receive ODe ballot on which they ara to write the name of the c.ndidate for vhom they are voting • then the Teller viiI paa. among the members vith a ballot box in vhich the ballot ia to be placed. He aaid any member who vishe. to abatain may do one of two thing •• either do not place ballot in the box, or he may place a blank ballot in the box. Be .aked if there vere any que. tiona .a to the .. thod of procedure. HR.. SCARELLA .aid he withed to make a auggeation. Be .sked 1f it would not be per- miasible for the ballot box to be placed before the President and· have each ..-ber deposit hi. ballot in the ballot box a. hie 18 called. . THE PRESIDENT aaid there should be no confu.ioD if the Teller. circulate among the -.embera. . HR.. PHILPOTT a.ked the Preaident to apell the namea of the candidatea, which he did at thll tlllla, THE TELLERS dlltributed the ballota aaong the llUlbers and collected them in th'e ballot box. as previoualy iastructed by tbe Preaident. " t •

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Minutes of June 3. 1963 3688 Meeting of the 7th Board of Representative.

Stamford, Connecticut

A regular meeting of the 7th Board of Repre.entative. of the City of Stamford v •• held on Monday, JUGe J, 1963, in the Cafeteria of the Dolan Junior HIgh School, Toaa Road, Stamford, Connecticut.

The meeting wa. called to order by the President, Paul D. Shapero, at 8:15 P.K,

INVOCATION va. given by labbl W. Pearlman, Temple Beth 11

PLEDGE OF ALLEGIANCE TO FLAG: Th. Prealdent led the ..... b.ra 1" the pl.dg. of allegiance to the flag,

ROLL CALL v .. of the roll . 7th Dlatrlct abaent. The

taken by the Clerk. There were 38 pre.ent and 2 absent at the calling However, after the election of a replacement for Mr . Robert M. Meyerl,

Repreaentative, who rellgned, there were 39 member. preaent and . oae abaent lleaber va. Edwu'd Dombrolki.

RESIGNATION - ROBERT H, MEYERS, Democrat, 7th Dl.trlct R.pr ••• ntatlv.

THE PRESIDENT read a letter of reaignation from Mr . Meyera, who reaigned for the reaaon that he ia mavins out of the City .

REPLACEHEIIT IN 7Tl1 DISTRICT:

HR.. MULREED presented the name of CUAILES A. RODIN. Democrat, 37 Bracewood Lane ••• a replacement in the 7th District for Hr. Heyer.. Seconded by Dr. Grove, Mr. aaer and Hr. Gurliacci.

MR. KUCZO preaented the name o£ JULIUS J. BLOIS, replacement in the 7th Diatrict for Hr. Heyera. LODgO.

Oemacrat, 11 Spring Street, a8 Seconded by Hr. Connorl and Mr.

There being no further nominationa, the President declared the nominationa elated and directed the Teller. to diatribute the ballota to the membera. In order to avoid difficultiea which have been experienced In the paat, he instructed the me.hera how to proceed. He taid each member would receive ODe ballot on which they ara to write the name of the c.ndidate for vhom they are voting • then the Teller viiI paa. among the members vith a ballot box in vhich the ballot ia to be placed. He aaid any member who vishe. to abatain may do one of two thing •• either do not place • ballot in the box, or he may place a blank ballot in the box. Be .aked if there vere any que. tiona .a to the .. thod of procedure.

HR.. SCARELLA .aid he withed to make a auggeation . Be .sked 1f it would not be per­miasible for the ballot box to be placed before the President and· have each ..-ber deposit hi. ballot in the ballot box a. hie ~ 18 called.

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THE PRESIDENT aaid there should be no confu.ioD if the Teller. circulate among the -.embera. .

HR.. PHILPOTT a.ked the Preaident to apell the namea of the candidatea, which he did at thll tlllla,

THE TELLERS dlltributed the ballota aaong the llUlbers and collected them in th'e ballot box. as previoualy iastructed by tbe Preaident.

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3689 Minute. of June 3, 1963

The Teller. counted the ballot. and presented the result of their count to the Prelldent. who 8anouDced the following vote:

17 vote. for JULIUS J. BLOIS 20 vote. for CHARLES A. IlODIN

1 blank bAllot

THE PRESIDENT declared Hr. Rodio elected and aaked h~ to atep forward to be sworn In 41 a member of the Board of Representative., and he thereupon waa administered the oath of office ~y the President and took hi' aeat 4. a member of the Board.

ACCEPrANCE OF MINUTES - Heetlul! of Hay 6. 1963:

The Minutes were accepted, with the following correction OD page 3640, top of paSe, first line. which will DOW read .a follow.:

" •••• custodial care, tbat the avenue be at lealt opeD for negotiatlon, or acguhltloQ of the facUlty by the State."

(underlined worde are the correction)

COMMITTEE REPORTS:

HR . SHAPERO pre.ented the following report of the Steering Committee:

STEERING COMMITtEE REPORT Heetin8 held Monday. Hay 20, 1963

A meeting of the Steering Committee wal held on H~nd.y. May 20. 1963 in the Mayor', Office, City lIall.

The meeting vaa called to order at 8 :00 P.M. The Chalr.An, Paul D. Shapero, presided. Present were the following members: Paul Shapero, Eleaaor Au.t~n. Alan Ketcham, Daniel Baker, John Nolan, Allen ShaneD, William Murphy, Robert Meyers and Fred Blois. Mr. Oppenheimer waa also present as Chairman of the Urban Redevelopment Committee, a Special Committee.

The following members were absent: Ronald Schwartz, Jamea Mulreed. George Russell, Anthony Truglia and Hilda Clarke .

The following mattere were discussed Dod acted upon ~

(1) Mayor'a appointments. REFERRED TO APPOINtMENTS COMMITTEE - thole on liat presented at the May 6th Board meeting were ordered placed aD the agenda for June ~eting.

(2) The nine additioDal appropriation., approved by the Board of Finance at their meeting held May 9th, were REfERRED TO THE FISCAL CCHHITTEE, with items over $2,000 referred to a aecondary committee.

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(3) Appeal hom ZOning Board decision. concern ins AppllcatIon No, 63-004 Hlsh I Clear Acres, Inc •• pursuant to Sec. 552.3 of Charter. reguestin8 change to RA-I from land nov in RA-2 zone. (As per letter of referral dated 5/6/63 __

from Stamford Zoning Board)

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The transcript of testimony on the above matter w.s handed to all thole present at the meeting. having been received today'a date (5/20/63) and mailed to all other Board members . ORDERED ON ACEN'M under LlGlSLA'IIVE & RULES CCI1KITTEE, to determine the validity of the appeal and alia to the PLANNING & ZONING Cct!MITIEE.

(4) Petition from San Ma~gheBe Society for permission to hold 8 parade and illum­ination of groundS to celebrate the Feast of St. Theodore on August 22. 23. 24 Bnd 2$ (AB requeoced In their letter of 4/2$/63) REFERRED TO LEGISu.nVl! AND RULES Cct!MJ11EE

(5) Petitlon from r t aidcnts, concernIng bad road conditions on WEBB AVENUE (See page 3641. Hinut •• of Hay 6. 1963)

The above matter ~8a REFERRED :0 THE PLANNING & ZONING COMMITTEE for the reaaon that certain questions were rai8~d because this is not a City.owned street,

(7) Concerning alleged contamination of Stamford Waters (Two letters) - One, . from Mrs . MarLe Ritch in letter of 5/13/63; and one from Edward R. Job.on,

(8)

Jr. In letter of $/7/63 - REFERRED 10 HEALTH & PROTECTION Cct!MITTEE .

Concerning repott from 6th Charter Revision CommLssion (per Resolution No. 410, adopted 2/4/6J, and Home Rule Act) CHARTER REVISION COMMITTEE

provisions of REFERRED TO

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(9) Letter from M. or d~ted 5/16/63 concernin reactivation of re uest for I Purchase of Palmer Prop~rty for Park Purposes (See Minutes of 2 4/63, page 3577)

REFERRED 10 FISCAL COMMllTEE and PARKS & RECREATION Cct!MITIEE J

(10) (8) Nominations to various City

~~~~~~~~~~~~~~~~~~~d~B~r~.~_~R~EF~E~RRED TO APPOINTMENTS

(11) Conce rning recommendation for consid~ration of increa5~ in compensation paid to the Mayor. to become effective 12/1/63 and request to ask the Mayor to rev iew the salarJe& of City officials. covered in Section 402 of Charter, and to initiate emp.rgency dppropristions. if necessary, also to become .ffective on 12/1/63 (Requested in letter of 5/20/63 from James E. Mulreed,

7th District Representative) - REFERRED 1'0 EDUCATION I WELFAll£ & GOVERN­MENT COHHITTEE

(12) Concerning debate on item", brousht up under '"New Business" at Board meeting.·

The above matter was discussed at some length . The President said any member can read a letter ... nder "New Businesstl and it can then be referred to the Steering Committee so that it can be ref~rred to the proper committee . Several of the members .aid it was [heir feeling that debate on the floor of the Board vas out of order on any matter that is being presented for the first time - that the only

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3691 Minute. of June 3. 1963

orderly procedure would be to allow the perioD who introduce. it, to do 10 and then have it sent to the SteerinB Committee for proper referral.

(13) Himeographed letter from Jamel A. Stramag1ia, Jr., dated 5/10/63 to v.rioul City Board., c~ncernln8 widening of Wa.hington Avenue and Wood. ide Street.

NOTED AND FILED

(14) Letter from Saul Kwartin. attorney, dated 4/25/63, concernins appointment of an Assistant Commissioner of Public Works (Appropriation approved by Board of Representatives at Rudget meeting held 5/13/63, to be filled by Civil Service examina tion) - NOTED AND FILED

(IS) PUC letter dated 5/2/63 concerning petition of New York, Nev Haven and Hare_ ford Railroad, to close certain unattended pa •• enser Itltlona • NOTED AND

FILED

(16) Public Welfare Department report for March 1963 - NOTED AND PILED, with copy sent to Education, Welfare & Government Comm~ttee.

(17) Financial statement from Board of Education for April 1963 - NOTED AND PILED. with copy Bent to Education. Welfare & tovernment Committee.

there being no further businesa to come before the Committee, upon motion, duly aeconded and CARRIED, the meeting waa adjourned.

vf PAUL D. SHAPERO, Chairman Steering Committee

APPOIN'DIEIITS CIHIITTEE :

MRS, AUSTIN, Chairman, reported that the Committee ~t on Friday, Kay 3, 1963 at City Hall and interviewed the Hayor'. appointees, with the exception of Mr. Clifton N. Cooke (Board of Taxation) who va. not available, beins out of town, and Mr. Herbert Whitehead, who vas interviewed this evenins .

MRS. AUSTIN presented the na.es of the follOWing appointees of the Kayar. The vote. are indicated by each name .

The Tellers distributed the ballots and collected them in the ballot box, with the following votes for each appointee as noted below:

ELECTRICAL EXAMINING BOAND:

EDWARD C. TROY (Democrat) • Journeyman Electrician 109 Sylvan Knoll Road (Reappoln~nt)

VOTE: 33 Ye.

ANDREW SOLTES (Democrat) • Maater Electrician 14 Dartley Street (Replacing Fred Serricchio)

b No

VOTE: 33 Yeo 6 No

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Term. Endins:

JaD. 1, 1966 (from 1963)

J.n. 1, 1966 (frOlO 1963)

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Minute. of JUDe 3, 1963

PARK CCl!HISSION

BRUNO GIORDANO (Democrat) 802 MaiD Street

(ReplociD, tho lato John A. Scolsi) VOTE: 33 Y .. S No

3692

Tem EDdins:

Dec. I, 1966

1 Ablt_DclOD

PLUMBING EXAMINING BOARD:

MICHAEL J . BOYLE, JR. (D.mocrat) - Journ.y .... n Plumber 25 Wardwell Street (A re.ppolD~Dt)

VOTE: 34 Ya. S No

HERBERT WHItEHEAD (Republican - Ho.ter Plumber 89 Fifth Street (R .. ppoiDtIII4Dt)

BOARD OF RECREATION:

FRANK J. ZEZIIIA (RepublicaD) S6 Stephen Street (ReappolnQDeDt)

SEWER COHHISSION:

CHARLES E. THIEME (Republic •• ) 73 Cove View Drive

(ReplaciDg RaYlRODd V. Arnow)

FISCAL COHHITiEE :

VOTE: 33 Ye. 6 No

VOtE: 33 Ye. 6 No

VOTE: 34 Y .. 5 No

Jan. I, 1966 (fro," (963)

JaD. I, 1966 (frOlR (963)

Dec. I, 1967

Dec ~ 1, 1967

Because of the res ignatlon of Hr . Heyera, Chairman of the Fiacal COlIIDlttee, the report va. given by Mrs . AU8tin. She reported that. meeting of the Committee v •• held on MAy 28th with the following member. present : ELeanor Austin, Frances Lilli.nd.hl, Ceorge Connora and Robert M. Meyera, with .11 mattera OD tp. agenda under their committee unanimoualy approved .

( 1) $3,917.65 - POLICE DEPARTMENT, covering the following: (Hoyor'. letter 5/3/63)

Code S30 .0S01 - Tele phone , TeleStaph & Dictaphone ------Code 530 . 0910 _ Prl l onerl' Heall----------- -- ----- ___ __ _ Code 530. 1204 - Trafflc Supplle.---- - ------------- _____ _ Code S30.17nS - Haintenance of Patrol Carl--------- ____ _

$ 717 . 65 200.00

1,500. 00 1,500.00

$3,917.65

MRS. AUSTIN HOVED f or approval of the above appropriation . Seconded by Hr . TrugUa. who .aid the Health' Protection Committee concurred in it. approval . CAllIED

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3693 Minutea of June 3. 1963

(2) $81,000.00 • DEPARnIEIIT OP PUBLIC WORKS • Bl~~~~ti~M~f:Ih

MRS. AUSTIN HOVED for approval of the above appropriation . Seconded by ~r. 81011 who reported that the Public Worke Committee concurred in approval.

HR. KUCZO van ted to koow how ~ch of thi. va. expended for snov removal and how much for flood emersency. No one w •• able to anawer hil queatlon.

VOTE taken on aboYe appropriatlon. CARRIED.

(3) $12,500.00 . DEPARTMENT OF PUBLIC WELFARE . Code 410 .5502, Caah R.lief (REDUCED by Board of Pinance from *15,000 .00) (Mayor'a letter 5/3/63)

MRS. AUSTIN MOVED for approval of the above .ppr~pr18tlon. Second~d by Kr •. Clarke, who reported thlt the Education, Welfare & Gov~ rnment Committee concurred in approval. CARRIED.

(4) $200.00 BOARD OP REPRESENtATIVES . ~~~~~~~~'k!~(!!!~~!1!!!!!!!~

MRS . AUSTIN HOVED for approval of the above .pproprt.clon . Seconded by Hr. Connor. and CARRIED,

(5) $60,000 . 00 • DEPARnIEIIT OP FINANCE Cod·. 221 0000 Int .... t· ConloUd.ted Ci ~~ (Mayor ' . letter S 3 63

MRS. AUSTIN HOVED for approval of the above appropriation . Seconded by Hra. Clarke who Bald the Committee on Education . Welfare and Government alao approved. CARRIED .

(6) $10,500 .00 . DEPARTMENT OF FINANCE • ~~OOOO, Employ ••• ' Medical and HOSpll~l Ac~ount (Mayorla letter ~/3/63)

MRS. AUSTIN HOVED for approval of the above appropriAtioD , Hr • • Clarke ,aid the Education, Welfare and Government Committee ,on~~rred in approval and leconded the motiOD . CARRIED.

(7) $20,000 .00. DEPARTMENT OF PINANCE . ·Cod. Ibl . OOOO, Hoapitalization Account (Marot'. lett.r 5/3/63)

MRS. AUSTIN HOVED for approval of the above ~pproprl.tlon . Seconded by Hr •• Clarke who .aid the Education. Welfare and Government Committee alIa concurred in approval. CARRIED

(8) $6,000.00 REGISTRARS OF VOTERS, coveriD8 the following : (Mayor'. I.tter 5/3/63)

Cod. 102 . 5104 • General Election Expense ••••• - ••• -.--­Code 102,5102 Hatiog New Voter.····.·.- •• --------.·-·

$5,000.00 1,000.00

$6,000.00

MRS, AUSTIN HOVED for approval of the above appropriation , Seconded by Hrs. Clarke. j who said the Education, Welfare & Government Committre concurred in approval. CARRIED. -

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(9) $500.00 - PAIlK D£PlJltHENT - Code 710.1501, Llaht, Heat 6 Power (lIayor'. letter of 5/3/63)

MRS. AUSTIN MOVED for approval of the ab~v~ appropriation. Seconded by Mr . Kelly and CARRIED.

LECISLATIVE AND IU1l.ES C<llKITTEE :

MR. BAKER. Chairman, reported 00 the above matter. He Bald they are being requeated to enact an Ordinance in regard to the PenaioD Plan of the Claa.ified Employee ••

He Bald the Legislative and Rule. Committee met on this matter vith Mr. Kvartin, the Attorney for tbe A •• oeiation. the Commi •• loner of FinaDce, and a180 with repreaentatlves of the MuniCipal Employee. A •• oelation.

Mr. Baker .aid the committee at thi' time ha. DO report to make. because lave.tllstloD baa not been completed. He laid the committee 1. tmprea8ed with the ordinance .a 8ubmitted by the ABlociation and that there ia noV in effect a Penaion Plan covering the Claaaified Employeea (Note: See Chapter 73A. page 154 of Charter) but there il no proviaion in thia Plan for survivorahip benefita aa there are in the Penaion Plana covering the Police and FiremAn.

Mr. Baker aaid this Board baa no jurisdiction over the Penaion Plana of the Police and Firemen, but doee have juriadiction over the Claaaified Empl~yeee Penaion Plan and are not authorized to enact any meaaurea vith regard to the Police and Firemens' Plan, vhich are only chaosed aa a Charter revision under the Dome aule Act or by Act of the State Legi.lature .

However, he said thia Board doea have the authority to enact legislation in regard to the penaion plan for the Clasaified Employees.

He said this evening there viII be forthcoming a report by the Charter aevision Com· mittee which viII place before this Board for appropriate action. propoa.ls which have been made vith resard to modification of the penaion plans of the Police and Fireaen. He .aid the plan for the Ctaslified Employees and for the Fir~D and Police are the same,. except in regard to the benefiea to be paid to survivorl.

HR. BAKER said the plan as proposed by the Charter aeviaion Commia.iou viII lnatitute aome changea .s regarda the aurvlvora.

l1li. SCIJlELLA ROSE ON A POINT 01 ORDER. H. aold hie po1nt 1. that Kr. Baker h can­fu.ing the plan for the Firemen and Police with the plan which i. nov before thi. Board.

THE PRESIDENT informed Mr. Scarell. that Mr. Baker 1. merely ~ryin8 to point out the diltlnctioD. between the two plan ••

MR. BAKER .aid he hesitate. to 80 loto a full di.cuI.ion of thil matter, a. he .. y be eocroaching on what il before the Charter RevilioD Committee and on the Igeoda undar

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369S Kf.a.ute. of June 3, 1963

that committee tht, eveains . Se •• 1d he vaa tryiog to point out the dl1ema in which he finda h~.elf 1n regard to this propoaal .a submitted by the Municipal Employees Asaociation.

He s.ld the plao &. lubmltted by the MEA 8S far •• the survivorship benefita are coo­cemed would provide a penSiOD for luch survivors not to exceed the palt average vasea of the decedent at time of death • • • •• • nd .a far •• the computation of the average vagel are concerned aod what period 18 tak. n into consideration prior to death 1. determined by the .alary at time of death Thie, in additIon co aocial aecurity benefita . He s.ld theae are the provislons currently in effect for th~ aur­vivors of the Firemen and the Police .

He saId aa this Board will be informed by th~ Charter Revilion Committee, there are certain proposed changea which viII put into effect a ayatem of survivorahip benefits which differs from that propos~d in the smendmpnt submitted by the MEA.

He said becauae the committee daee not have tnforaatian which they deem e •• ential, io order for them to be able to determine whethrr . or not the cost of the propoaed benefit. for the survivora of the employee. would be such that the City could financially meet them. He la1d they have been told by Hr . Glua& (Commiaaioner of Finance) that the City had to look for money lomewhere in the vicinity of $~O,OOO,OOO over a period of futuT.e yeAra and that the City i, confronted wlth a very, very serious aituation with regard to putting all the penaiona on a adequate and firm foundation. Thil, of course, he aaid is not true in the caee of the Claa.ified Employeea Penalon Fund, be­caule they are preaently on a sound actuartal basls .

However. what the effect would b~ of a chnnge in this ia aomethins the committee doea ·1_1 not know. He .aid, of coorse. at the present t1me there are no proviliona in the Claaaified Employees Plan for aurvivorah1p beneUu .. He said the Coamittee haa aaked Hr . Gluaa to secure for them informat10n as to what it would coat the City to provide benefits .s proposed for survivora in thiB propoaed amendment . 1hia, Hr . Gluis aaid he would do and the committee have not, aa yet secured thi. information.

Hr. Baker said at the time of their meetinR. they ~de it plain to all of thOle who attended, that it waa moat unlikely that they would be able to obtain this information and atudy it in time for the Board meeting her~ tonight . He 8ald the membera of the Committee felt that they in good conacience ,oold not brins In a report to the Board without beins in a p08ition to tell the members whit financial obligations would be inherent in the enacOBent of legislation .ut~ MS i, here ptopoled .

He aaid the members of the Committe~ vant the memberl of the MEA to know that they are very s~rioualy concerned wlth their welfare .nd realize that they have been dia~ criminated againat by havtng no provislons tor survivorahlp in thpir penlion plan over mlny years, while other city employ~e. h.ve ~n'oyed theae provialons : He 8aid they a1ao want them [0 know thdt this Board 1~ prep~red to ~ct on thil matter without regard to what the Chatter Revision Commlttee mdY do and what action it may take and that when the Committee have been fully informed w1th r~8drd to the coat of these additional benef1ta and are In a pol1tton to ~k~ ~n evaluation. we will then bring in a report to the ID.f!mber. of thla Bo~ud in regoJTd to thOl! proposed amendment .

MR. CONNORS aMid he la getting confosed b~tw~en Charter revisions and what ' ia before .j the Legislative and Rule6 Commltt~e . Hp adld th~ propo8dl of the MEA does not need to go to referendum. that it can and haa bpen hdndled ~ntlrely by this Board under the power. invested in it under Section 154 of the Charler which can be found under

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Minutes of June 3, 1963 3696

Chapter 73A entitled "ClASSIFIED EIIPLOYEES' RETIREIIENT FUND." which he think. 10 very explicit aod it only refers to this group and does not refer to the Police nor does it refer to the Firemen. He read frOID the Charter the provision. he VBI Te-' ~errlng fa, and said it can be approved by a two-third. vote of the member.hip of this Board.

He said this Board haa the right to change the survivorship clause If they 80 vlah. He a.y. he fal1a to see where the Charter Revieion Committee baa anything whatever to do with thl1 particuLar penaioD plan.

THE PRESIDENT expLa.ined that it 18 his understanding that all Hr. Baker wal 8ay1n8 Is that this Board pal jurisdiction over this particular penaion plan, but DOt over the Police aod Flremens' plan, or any other plan. He pointed out that Mr. Baker', point was that the Committee felt that before acting on thil. they desired certain information which WBI not yet available to them and wal merely saying that the com­mittee wanted to wait until they had further information as to what these additional benefits would ·cost the City.

HR. SCHWARTZ said because of the number of years which have elapsed with nothfng be­ing done and because of his own strong personal feelings in this matter. he think. this deserves the attention of the entire Board of Representatives in free and open debate and according to the Rules of this Board. he HOVED that thi' be removed fro. the Legialative and Rules Committee before its being reported out. Be said it i. hi. understanding that a simple majority vote is all that is nece.sary to bring thi. on the floor and that final action can be taken either at this meeting or at any succeeding regular or special meeting with all members having the opportunity to express their opinion and can either take a vote. or according to Rule 5 can take a vote on it for final action at any succeeding or apecial meeting.

MR. LONGO and HR. SCARELLA seconded Hr. Schwartz' motion.

THE PRESIDENT said he haa a question of hi. own and that ia whether or not the ques­tion of the pension plan ia on the s 8enda - that all that appeara on the agenda i. the receipt of the letter and he feels t hat in order to get this matter acted upon tonight as a specific proposal that it would be necessary to luapend the rule. in order to treat it a. if it were on the . agenda.

THE PRESIDENT RULED that in Qrder to bring this matter before thia Body tonight. that there muat be a .uspenaion of the rules.

MR. SCARELIA APPEALED FR(IoI THE RULING OF THE CHAIR on the fact that the Chairman of the Legislative and Rules Committee baa already addrelaed the Board on dbi. matter.

HR. SCHWARTZ rOle on a point of order. He aaked what the vote would bave to be to over rule the President's ruling. Be replied a .~ple majority vote would be neces.ary.

A StANDING VOTE was taken on the appe.l fro. the ruling of the Chair. 17 voted in favor of the President'. ruling and 22 oppoled - the ruling val not luatained. (applau.e)

DR. GROVE lpoke Isdnlt the ... tlon.

HR. MORRIS requelted • roll call vote on Hr. Schwartz' motion to rUlOVe thb fro. the Leslilltiva Ind Rulel Committ.e.

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3697 Minute. of June 3, 1963

HR. SCARELLA .aid he takel exception to Dr. Crovel l reaarkl . Be .poke in favor of the IBO tion.

MR. BAKER .aid tht. Board hal been criticized for voting funda for thingl before making a proper invelcigation of the fActi. He said for thia reason they want to be aure they have all the facts in this case . He laid tAe wrong done to the elas.ified Employee. mUlt be tedreSled, but the Committee was unwillina to bring thi. matter on the floor of the Board until they could answer lama of the que.tions that would be put to them with aome degree of certainty. Much aa what the cost of implementing this change would be to the City and wh!t the conaequ~nces will be a~d the Committee ia not in a poSition to answer these questions toniaht . H~ laId thi. 1a the only reaaon he did not vish to report It out of Committee tonight, and could aee no harm done by deferrtna actioD on it for another month uDtil theae queations could be answered. He said the facts are what it will coat the city · to put into effect t~e aur~lvor.hip benefita for the Claaatfled Employees aDd at the preaent time they are awaiting theee fiaurel from the Commie. loner of Finance .

Hr . Baker atressed the fact that the City n~eds a unsfied pension sylte~ Ind not a hodge~podge syatem wh~reby one group geta mor~ beoefita than another group - that it ahould be don~ on a equitable baaia for all . He 6ald these are the facte which the membera of rhe Board are eatitlrd to know and without vhlch ~nry cannot act tntellt. gently .

HR. SCHWARtZ said the Clty of Stamford, • few yeara ago, paid the aum of $10,000 .00 to Hsrtin Segal Company for an actuarial atuGY of the penalon plana of the City. He aaid that apprOXimately a year ~ao the ~lC~ President of the Hartin Segal Company which aubmitted the "now faaous 91-881 Report" met wIth He . Glu18 and Hr Saul Xvartill. the Attorney for the MEA and this very probl~m of lurvlvorlhlp benefits waa very thoroughly discuased . Dr Baid at that tlmp, bas~d upon not flctlon, but on fact, the aum of $50,000 was the 6u88est~d municip~l conlrlb~tlon to the Plan as lupplied and furnished by Hr . Schanea who ia the Vic~ Presldent of the Segal Company . He said this la not "my figures, but those which res""lted ftom a $10,000 survey" for thie report .

He said this has been dragslng on year, after year. after year and the Cl.saified Employeea have gone without any lurvivorsh1p benefits and it 1s about tIme thie Board showed aome leader.hlp in thia ~tter • th~t hr think. this i. an attempt to delay· from month to month any actlon. and he think. it ia abo~t time the Board took a .tand He uraed thdt th16 be brought on th~ floor now, and it i. not absolutely necea.ary to uke hnal .c.tion tonlght • the 'oIddltiond infortution can be obtained and supplied for open dllcussion 00 the floor of this Board without belas held up 1n Committee . He sald lt can be dlsc~8led and ACled upon at a subaeqoent meeting ~ that action is not abaol~tely nece •• ary tonIght. but lt shoula be bro~Hht out of Committee .

MR. BAKER roae on a point of perIanal prsvl1~g~ . He sald he wants to call the attentLon of the Board to vhat he conssd~r. to ~ .n uniair attack on a committee. He aaid this matter vas referred to the Commlttee in April and they only had it under consideration at one meet1ng and at th~ time this matter WbS discussed by the Committee with Mr . Kvartin and others. lt vas e~plalned that the Board vaa heavily engaged in action upon the Budget and had very Ilttl~ rime to go tnco thi. In detall and ~.d no opportonlty for more than ope meetIng befor~ tonlght'a meeting and the charge that U the committee h~a been delaying thiq thing from month to month i8 false . He aaid he felt that the members of his commtttee are ~ntltled to ~n .pology from Hr . Schwartz.

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Minutes of JUDe 3, 1963 3698

MR. SCHWARTZ rOle on a point of perlonal privtlege.

THE PRESIDENT called for order.

HR. NOLAN HOVED for A rete •• At 10 P.M . CARRIED.

The recea. va. over at 10:15 P.M . and the member. relumed their leatl.

MR. NOLAN .aid they feel that taking this matter out of committee 18 not orderly government and ia not the proper procedure and 1. not the way it haa beeD done in the palt. but the majority leeme to feel differently.

MR. PHILPOT laid in anawer to the charge that this ia not "orderly procedure" he would like to point out that a fev minutes ago this Board voted approval of $20,000 to make up • deficiency 1n the HOlpitalization Account and during the couree of the committee ~etin8, it became .pparent that when the original lurvey val .. de, there had actually been no lurvey made al to the number of dependentl. Conlequeutly, he laid, the committee action could alia be can. ide red not the proper procedu~e .

MR. NOLAN Ilid he was only talking about removing a ~tter from committee in the terms of orderly proces.. He .aid it has been hi. experience that this Board i. supposed to operate on a committee system. in which a matter is put iota a com­mittee for Itudy and they come ia with their report to the Board and it il then decided on the merits of their report a8 to which vay the membera arc golng to vote.

HR. PHILPOT .aid he vilhed to continue hil remarks. He laid he thoroughly agreed with Mr . Baker that this Penlion Plan mult be an actuarilly .ound ODe . But, in the past, a. evidenced by the vote of this Board on the $20,000 for the HOlpital­ization Account, that committee experience h.~beeD too happy.

nrt THE PRESIDENT called for a vote on Hr. Schwartz' motion to remove item #1 00 the Agenda under Legi_Iatlve and Rule. Committee from the Committee. CARRIED unanLmoully .

MR. SCHWARTZ KOVED that we pa.s by Ordinance, pur.uant to Section 745 of the Charter, the provilloR dl lubmltted by the admini.tration and a. amended under lub-paragraph (d), Section 74~. entitled "Other Dea ths" •• • • ••• • •• • • .

MR. NOLAN called for a complete reading of the amen~nt ••

HR. SCHWARTZ .aid he would read it. HE HOVED that the following ilmendment . ... to the Stamford Charter Ci •• sified Employee. Retirement Fund be approved and .aid he va. submitting it for publication. Seconded by Hr. Ketcham.

THE PRESIDENT explained what val now before the lieder.. He .aid : ''WheD aD Ordil1&D.etI i. pa •• ed by thi. Board. initially it i. paased for publicatioa. vhich meaD. that the OrdiDauce i. not fiDally enacted until after lt hal beeD ,obll.hed. It then come I before thl. Board asala for further dl.cu •• ioD and fiO&l enecbaent. Mr. Schwar" 1. pre.ent1Dg the fol1,",ia& motion for pub1leatioa. II

MR. SCHWARTZ proce.ded to read the propoeed amendmeDt. at chi. time. a. followa:

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3699 Hiaute. of Juae 3. 1963

(New leDlu_se 11 underlined, laDauase to be deleted 18 bracketed)

SEC. 745. Co_position of Fund. The fund ahall conaiat of all monies received from the following sources:

(a) All appropriation., ,1ftl or bequests .. de to the fund fro. public or private .Dureel. and all net income resulting from the Inve.~nt of the fund;

(b) A contribution by each cla •• ified ~ployee of the city of St •• ford who la • member. until he ahall have (attained a,e 70 or) completed thirty-three (and one· third) years of service, of three (two) per cent of (any part of) hie 8aiery (on vhich Pederal Social SecurTtY taxes are payable by the employee and five per ceDt of any aalary not subject to such taxea,) which contribution ahall be coL­lected as deductions from pay aDd traDMaitted by the controller. at the end of each month. to the fund;

(c) All compensation for services that rema1n unclaimed by any cla •• ified employee for a period of one year after the same shall have become due. but the fund ahall return any such amount to the city if tbe clatm to it ahall be eatablished by the employee or his legal repreaentative;

(d) An annual appropriation by the city of Stamford. al determined by the Board of Finance and approved by the Board of Representative. on the baais of an actuarial survey made at the direction of the Board of F1nance not more than five years prior to the date of the appropriation to be at least equal in amount to the sum of the contribution made by membera under (b) for the pre~edinl calendar year;

(e) Such additional appropriation by the city of St .. ford, if any ia neceaaary, sufficient with the balance of the fund at tbe eod of any calendar year to make the fund at leaat equal to the aum of the contributions previously made by all the tben existing members who are not then in receipt of benefits from the fund. plus interest at the rate of two per cent per aDDum compouoded annually on such con­tributions;

(f) Any lum which the Board of Finance, within ita discretion, caules to be paid in lieu of the contr1bution of any claa~1f1ed employee who aha1l have entered the armed forces of the United States.

SEC. 748. Ret1rement.

(.) The trusteea may retire, upon recommendation of the per.onnel eo~i.sion. any member who ahall have completed ten years o~ more of aervice and who ahall have reached the ase of seventy, such retirement to be effective at the end of the fiacal year of the city w1thin which the trustees sh.ll have taken such action.

(b) The trustees ahall retire any member upon his wr1tten requeat, who ahall have compleced fifteen years or more of aervice and who shall have sttained the 18e j of sixty-five, such retirement to be effe~t1ve one month after receipt of such written request for retirement .-

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Minutes of June 3, 1963 3700

(e) The trustees shall retire any member upon hi. WTitten request, who ahall have completed twenty-five years Dr more of service, a nd who shall have attained age 8txty, (but DO gens ion ahall be payable from the fund unless and until the retired member becomes eligible for an old age benefit under the Federal Social Security Act, nor shall aoy penaion be due for any pertod be~een the date of retirement and tho dlte of eligibility for luch loclal security benefit,)

(d) The trustees shall retire any member who shall have completed fifteen or more year I of service if he or the personnel commission shall submit evidence latisfac • tory to the trustres that he has become totally and presumably permanently disabled from performing any work for the city before be~omin8 eligible for a pension under (a), (b) or (c), except that such fifteen years of service requirement shall be waived in the CBse of a member who h&s not attained age 70 and who shall become in· capacitBted. either mentally or phySically. nl a result of personal injuries SUI· tained in an accident occurring in the performance of his employment. Total dis­ability shall not be presumed to be permanent ontll it has existed for lix months unless caused by an injury the nature of which ls such as to cause a disability which the trultees considered to be obviou.ly permanent . It shall be the duty of the tru.tees to review each luch case at least once a year to determine continu.ncb of totol dlo.blilty, I SEC, 749, Pensiono, I (a) Service Retirement . Any member who 1s retired und~r the provisions of Section I 748 (a) ~ (, (b) or (c) ) of this act shail receive annually from saId fund, for the remainder of his natural life, 8 8um (which when added to any aocial security I benefit available to the member at the time of retirement will produce a total income) . equal to one-seventieth of the first forty-eight hundred dollars of his average final salary multiplied by the number of years of hlS service plus one-fiftieth of his average final salary in excess of forty-eight hundred dollars multiplied by the nu.· ber of years of his service provided. however. that no more thon thirty-three yearl of such service shall be so multiplied . (In determining the amount of the social security benefits available to a member t e tired prior to July I, 1955, the provision. of the Federal Social Security Act in effect August 1, 1954, shall apply.) If a member has had twenty· five years of service, in (Tn) no ev~nt shall such pension payment be (an amount which when added to the social security benefit available to the member will produce a total income which will be more than two-thirds of 111& average final salary or, if he has had more than twenty-five years of service will, when added to said social security benefit produce a total income which viII be) less than one thousand dollars annually. In the case of a member who i. retired under the provisions of Section 748 (c) of this act the pension psy!ent shall be computed as though he had attained the age of sixty~five years, less fifty.five one hundredths of one per cent for each month by which hiS age 1s less than sixty-five years at the dn t e of retirement .

(b). Any member who shall be retired on account of disability under Section 748 (d) shall receive 8 pension commencing when such dls sbl1ity ia presumed to be permanent and payable during cont.inuance .of such dhab1 1 tty, equal to one·hal£ hh a'lerage final salary but. except 1n the case of a membe r. who is retired as a result of peraonal injuries sustained in an accident oc~urr1ng in the performance of his employ­~, in no event shall such penlion be GOre than the amount he would have received if he had remained in lervice until age slxty ~ five or, subject to the foregoing l~itt ' les. than one thousand dollara annually . (When and if the member ,hall become eligible for a locial I.curlty benefit, the amount of the payment hereunder 'hall be

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3701 Minute. of June 3. 1963

the amount which, when added to the aocial aecurlty beDefit, will produce a total income in the &mOunt provided 10 the preceding lenten, •• )

(c) Service-caused death after flfteen yeara. When any member vill receive an lnjury, 'after .erving flfleen yeara,) atl.1ng out of oDd 1n the coure. of hi. ea~ ployaent which reaults in death wlthin 8Ix month. of the injury •• penaioD equal to one-half of hi. annual aalary, and" In no event lea. than one thou. and dollars annually. ahall be paid to the .urvtvlDg 6poua. 1f laid lpoUI. 1, dete~taed by the truateea to be ,ubecantial1y dependent upon the de,~a.~d employee. until hi. or her death or remarriage, and there&fter 6uch p~rt of th~ p~n.l0n .8 the truatee. ~ find reasonable shall be paid" to the children of 6L1c.h dt"ce ... ed employee who are under the age of eighteen years. Said pen6ioD 6hdll be t~J~~~d by the amount of any pay­ment received by said dependents under the provilion. of the workmen'. compensation lawl or. as the reaLllt of legal ltability of the Lity on .ceount of said injury.

(d) Other deatha. When a member Ihall die befot~ rettr~m~nt and before he hal com­pleted twenty-five veara tn IPlvlce. a refund of contributions paid to the fund by such employ~~. with interest at the rate Bppll,abl~ under Section 1S0 (of two per cent per annura. compounded annull11yl. &h.dll hI! awde to hu estate. or to those persona determined by the trusc~e. to b~ hi! dep~ndent" 1f ~ member hsd twenty­five years of service "edited prior to hlh-2~h! ~ut hdd noc attained eliRibllity for service reClre~ent. the member'. d~od~nt apOu~~ or dependent children. mother, or sister. may elect to receive, 111 l1t!'1 of recelv~" member's accumulated con­tributions a penston payable monchly which shal) b~ ~g~~1 to the penSion t? wh1c~ such m~mber would hsv~ b~en ~nttll~d had h~_t!~(h~d th~ age of sixty-two yeara on the date of his death and hid he retired on such dB.! .?",h ' een810n 8hllll be paid to [he dependent spooae until hie or h~r d~Mth or re~rrla8~ and thereaft~r, such part of the pension de the tru8tee.!l shilll find r"""iionuhle. to '"he cht.ldrcn of such member who ."TC under the as~ of c1l!ht~en yf!a~r 1£ such lII~mber sl1.,,11 die leaving no spouse or childr~n, th~n 5uch sum 8halt ~~ p~ld to the mother or sis[""r provided such mother or slster, prior to the death of such membcT. depended on such member in whole, or in part. for her support . which ~um 8h~11 b~ pdld so long 8S th~ Board of trustees 6h ... ll deem 1t neces&ary tor her sU"peorc . lhl! GKgregdlc payments in any year shall be no greater than one.h~lf of rhe l~&t sdl~r~ of such member.

If a member ~ho ta eltgtble to rl!t1re tl}_~~"!!Ite '.11th the provuions of this section dies without havtn&-clctually retlf~d. th~ m .. mbr~t~ dependent spouse or hi. · dependent chLldren. mother. or SLr.t~r sh~11 r~C~IY~-!-£:.ndlon in an amount equal to that to which such member would hav~ be~n ~ntttle~ hdd such member retired on the date of his d~ath. Such pen~lon .h81l ~!!&-!~~~~2!2t spouse untll his or her death or retUrridge dnd, th~reaftu t such !Idon of t.h~.:;,nhion 86 che trustees shall find re-a.onable. to the c.hlJdr~n of such m~mbt:f ~ho are under the age of eighteen vedra. or if a'Jch mt-mbt!r sh.dl die l"<IIvin~~ .. ~H~ or children, then Buch 8um shall bp p.nd to the moth~ r or sls!~'!'...e!.~2!d a~.:-h mother or 818t"r. prtor to the death of such member. dt!pend~d on hlh IIh~ mt~r In \lho:~ or 1n put fot her support, which sum shall be pi ld 1i0 lons as the I\o • .,d of Tr.JitI:'I:'S Sholl! dl:!:em it necessary for her support. The ~g8rt!8~t~ pdvment 1n dRy y"~r 8h~II b~ no greater than one-hdlC of the last salary of 6uch m~mber

If a member Shd!l die after retlrcmt:n!. the tr~at~ps ~hall pay to the dependent spouse or dependent chi ldren. motht:r o!.~a.;~~.!!.....!I!'E.~!! "L~gl.1al to the amount of the J penaton p~ld to such m~mber ~t the c~~h!z_~e~'~hl'h pension shall bo paid to £he SPO'lSI! unO I hu or hl'r df!Hh or rp.~~.!S:~~~lb~!~~..l 90ch p..r t of the pension as the trustees !Ioh·1l1 find r~lIionahll:. to [~~ chlldr~n oi such member who

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are under the agc of eighteen years, or 1f such member shall die leaving no spouse or children. then 8uch Bum shall be paid to the mother or siater, provided 8uch mother or siater, prior to the death of 8uch member, depended on 8uch member in whole or in part for her support, which 8um shall be paid 80 lOPg 88 the Board of Trustees shall deem it neccsssry for her support. The aggregate payment in any year shall be no greater then one-half of the last salary of luch member.

<e> All pen.lonl payable hereunder shall be paid in monthly installments, shall be made through the life of the retired membeT and shall. be continued to his deSignated beneficiary for 8 period of five years from the date of retirement in the event the member diea Within such five year period, and lhall ~ease with the payment precedina the death of the person entitled to receive the payment. At the time of retirement any member may elect to receive hh benefits in a penaton payable through life, or ' ,I

he may. on retirement. elect to convert the benefits, otherwise payable to him, into a pension of the eqUivalent actuarial value computed on the basis of such mortality tables and interest rates as shall be adopted by the Board of Trustees in accordance with one of the optional forms following:

Option 1. A reduced pension, payable during the retired member's life, wfth the provhion that after his death it will continue during the Ufe of and be paid to hil designated beneficiary, if such peraon survives him.

Option 2. A reduced pension. payable during the retired member's life, with the provilion that after his death, an allowance at one-half of the rate of his re­duced penaion will be continued during the life of and be paid to hil deaisnated beneficlary, if such perlon lurvivel him.

Option 3. A reduced penaion, payable during the retired member's life, with lome other benefit payable after his death, provided the benefit is approved by the Board of Trustees.

Option 4. An increaaed penlion. payable from the date of retirement until the month of attainment of the aBe of aixty-two yeara or sixty-five years, and a reduced pension thereafter, in the case of a member who retires prior to the attainment of luch age.

Such optional selection shall be irrevocable when made, No optional selection shall be effective in case a member dies within thirty daya after retirement and such 8 member shall be considered an sctive member at the time of death until the first pay­ment on account of any benefit become a norma l ly due . (except that a member may elect, within thirty daYI prior to hi. appllcation for retirement, to accept, in lieu of any penaion to which he would be entitled from the fund, a reduced penaion with a pro­vilion that two-thirds of the reduced penaion be continued. after his death, to his apoule for the remaining lifetime of sald spouse. The reduced penalon ahall be com­puted to be the actu.rial equivalent of the pension provided for in Section 748 on auch as.umptions al to mortality and interest rates aa the Board of Tru.tees ahall adopt.)

(f) If any perIOD entitled to a penalon her~under ia entitled to receive a penaion or other benefit or payment arl.ing from city contribution. or taxe. paid to another penlion plan, or al a relult of workmen'. compensation. the amount of any penaion due hereunder lhall be reduced accordingly . If any peraon entitled to a pension here­under take. office, pOlition or employment with the city of Stamford, the amount of any penlion benefitl due hereunder within a calendar year shall be reduced by an amount

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equal to the compensation in excell of fifteen hundred dollar. received by bie in aueh calendar year 1n such offiCI. polition OT emplOyment.

SEC. 750 . Refund of contributions upon terminatlon of service. rein.tatement.

!!l When. member who hal le!1 thkD tventy year. of service ahal! leave the .ervlce other than by retirement or hia servl(e 1. termln~ted for .ny caae, he ahall receive a refund of the contributions paid by him With taterest . Such lntereat shall be at the rate of two per cent P'!r annum. throl1 gh J 'lnt 30, 1959 and three per cent per annua through June 30. 1963 compounded anDublly . (ahall be .. de) Ihe Board of Trustees .hall determine from year to yelr thp. r~.ft~t th~ int t rest rate allowed on contribution., which rate shall bear a rea80nabl~ rel.cloDShlP to th~ lD[~re8t ~drnln8s on the ass~ts of the Fund ~

(b) If such a member has twenty or more Ve8rt of IIU'IIlce, he may elect to receive hill contributions with interest as provld~d Bbov~, or he may eiect a vested benefit in lieu thereof . the amount of the ve!tt~d b~n ... t1t ahdll be determined as prOVided in Section 749 (a) and penaion pdymente bh.ll 4 0~~nLp. on the ficst ddY of the month coinciding with or following his sixtv-fifth b1rthd~v Upon th~ commencement of penSion payments, such m~mber shall b~ (r ~~ tPd 1n all respects 9S a retired member . In the event a membp.T who has electeo • v ~ e tp.d ben~flt shdll die , his contributions with interest. 8S provided above. 9hdll ~e p_ld to hid deslgndted beneficiofi, if living. otherwise to his estate .

(c) In the event an employee who has terminated his employment seeks to be reinstated after re-employment by the city before h~ Shill ~e ~llgible to receive the benefits of the penlion plan herein eatablish~ d for service prior to said reinstatement, he shall repay all auml refunded to h1m on ht$ prior t ~rmlnatlon of employment, tog~ther with interest at the rate of thre~ p~ r c£nt pe r annu~. No ~uch reinstated employ~e shall be eligible for dny b~ne f lt hr reund~ r ~nttl h ~ jhdll hdve completed ~ (flve) years of service since hiS Idst r e lnIUtt-atll: nt, ~Hept the right to a ref LInd of h18 contributions ~ith interest 8S set for t h 1n ,hl •• e~(ion .

MR . SCHWARtZ ssid : I~r . President, 1 wOl..ld 6oJblDL~ this document whlch has appropriate underlining snd parenthea18 showing the df!ll!tlona dnd the additiOns, and that it b"e pLlblhhed in accordance with the motion whuh 1 prefl~nted before reading it, II

THE PRESIDENT called for a yot~ on 'he above 'a~~nd~nts to the ClaSSified Employees Pension Pidn. for publiCation. a6 mov~d by ~r # Schw~rt~ dod seconded by Hr. Ketcham. CARRlED unanimously .

A RECESS vas called at thiB time to Illow those 8pect~tor. who Wished to leave to nov make their departure .

The recess beiog over, HR. BAKER conttnued With his committee report at this tIme .

(2) Concerning proper order of el~ctlon of Ofttcers, ~ters of the Board of Represen­tatives and other Cltv Officials who h5ve re5igned ~See Hinutel of 4/1/63, page

3631 dnd ltem tl1 In Hinote. of !Jlb/t). 1I8~f! 3647)

MR. aA.KER r..aLd the cOCIIDittt:e had reqlJeued 4110 oplnion from the Corporation Counsel on this 1Il8teer dnd reof.d the follo\l1n8 ,If.'tfa:r ·

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Minute. of June 3, 1963 3704

June 3, 1963

Dear Hr. Sherman:

The two questioDs which you have referred to this office for opinioD are ansvered as follows :

1. Precedence in the order of election of an officer of the Board of Representatives, luch aa Clerk, and the election of a peraon to flll an existing vacancy on the Board 18 a matter to be decided in accordance with the Rulee of Order of your Board.

2. In the eveDt that a member of the Board of Representative. should, during the couree of a meeting of the Board, re.alga. effective a. of that moment, a successor ia to be elected at the next regular meetlns of your Board following the vacancy in accordance with Section 201 of the Charter.

There 18 no provision for the auspension of the buaine •• of the Board of Representatives until 8ucb Bucces.or i. elected. and it is my opinion that no auch auapenaion would be warranted even in the absence of Baid Section 201.

Very truly youra.

ISADORE H. HACKLER Corporation Counsel

By: Theodore Godlin. Aasiatant Corporation Counsel

MR. PHILPOT aaked Hr. Baker to clarify what he had just read.

MR. BAKER aaked h~ if he did not understand the letter' he had just read. Hr. Philpot said this waa the case and would he explain it more fully.

HR. BAKER aaid the committee secured the opinion of the Corporation Counael and doe. not aee that anything further ia needed.

THE PRESIDENT suggested that Hr. Baker allowed Hr _ Philpot to read the letter at the conclusion of the meeting-. Mr. Baker aaid he would be happy to do ao.

(3) ZOlilNG BOARD - APPEAL concern ins AppUcation No. 63-004 HIGH CLEAR ACRES, INC. pursuant to Sec. 552.3 of Charter, requesting change to RA-l from land now in RA-2 Zbne (AI per letter of referral dated

5/6/63 from Zoning Board)

HR. BAKER aaid hi. committee vas charged only with the responsibility of determining vhether the appeal ta properly made and the determination of hil committee ia that

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Minute. of June 3, 1963

the appeal 18 properly made and the matter properly before this Board for deterai· nation.

(4) PETITION NO. 296 • Prom San Haush ••• Society for per.l •• 1oD to hold. parade and illumination of arounds to celebrate the P.aat of St. theodore on August 22. 23, 24 and 25 (Ae per their letter

of 4/25/63)

HR. BAKER HOVED for .pproval of the above request, aubject to the proper .afeguards on the part of the pollce and fire departaeot8 and proper lnsurance cover.&~ and bonda to cover the event . Seconded by Hr . Kelly and CARRIED.

PUBLIC WORKS COMMITTEE:

HR. BLOIS said all he had to report val the receipt of • letter fro. the Corporation Counael on the us. of aalt on city atreeta durinl anow removal operationa, which he read at this t~e.

Hr. Fred C. Bloia. Chairman Public Worka Committee Board of Representativea

Dear Hr. Blola:

June 3. 1963

Please excuse my failure to reply to your recent letter concern ins the use of salt on city atreeta . There are some very difficult matters involved in this question and I bave been unable to co.plete III)' reaearch.

IlEALTlI 6 PROtECTION COMMITTEE :

.ery truly yours,

ISADORE K. KACKLER Corporation Counael

HR. TRUGLlA reported the committee met 00 Hay 20th in the Belltown Fire Bou •• to review with the Big Five Volunteer Fire Department, an alleged statement made by • member of the Stamford Fire Department . After much discussion, all partiel agreed that the matter be dropped .

Parking Authority reguest in letter of 4/24/63 for approval of lea.1D8 arran.e_ ment between the Parkins Authority and Sabin! Furniture Co.

MR. TRUGLLA said the committee approved the leal IPS of thil ~roperty and HOVED It be approved, 8ubject to the fol.ov!ng . Secopded and CARRIED;

(1) That the parcel of land on the Canal Str~et Parkins Lot. havlol the folloving d~en810n. :

Southveat------------79 .29 ft. South-- - -------------6 1. 54 » Weaterly-------------94 . 1 " Northerly-.---------139 . 8 ,. Southeaat· ... ----- .. --- 20 "

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Minutes of June 3. 1963 3706

for a total of 5,400 square feet or enough apace for about ten carl. Thi. 11 with the under. tanding •• a Its ted by the Parking Authority, that this parcel of Land 11 not nece.sary to continue their operation on Canal Stre&t. or caUle any restriction to their activity.

(2) With this leaae the Parking Authority would be paid $50.00 a month, or $600 .00 a year for 8 five year pertod. Thil leaae ~D be a standard one, which. by mutual consent could be terminated for rea.onl Buch 88 urban redevelopment .

(3) That the Sabin! Furniture Co . hal agreed to pay the entire COlt for this request, luch aa in.uranee, and complete maintenance, .a LODg 8e the Le8se 18 in effect.

PLANNING & ZONING COMMITTEE:

MR. RUSSELL presented his committee report at this t~. He laid 8 meeting VAl held on Wednesday, May 29, 1963 with the follOWing members present: M. Grove, R. Meyerl, J. Hulreed and G. Russell. Absent: A. Shanen .

MR. RUSSELL said the committee listened to both proponents and opponents of the appeal at their committee meeting. He said the proponents present were attorney Raymond G. Cushing and N. J. Hercede. The opponents present were Stuart H. Brown, President of the Long Ridge Associ atioD. Hr . Joseph Chanko and A. T. Philpotts. Be said also introduced was correspondence with area maps by the applicant, High Clear Acres, Inc. and a letter from the law firm of Maguire, Cole and Bently, opposing the application in behalf of Mrs . Helen G. Altschul .

Mr. Russell reported that the committee split when they voted on this appeal, with two voting to reject the appeal and thus sustain the decision of the Zoning Board and two voting to approve the appeal, which would reverse the decision of the Zoning Board.

Hr. Russell sai~ the committee. by thie two-to-two vote thue rejects the appeal to the Board of Representatives eince it would have taken a majority vote to approve the appeal in order to abide by SectioDs 552 . 3 and 556.1 of the Stamford Charter which requires an affi~tive vote in deciding all such matters. Therefore, he said the committee offers no recommendation or motion.

He aaid, however, if any member of thia Board Wishes, he'may introduce a motion to approve the appeal. He said it would take twenty-one affirmative votel to approve the appeal or to over rule the deci8ion of the Zoning Board.

MR. SHANEN MOVED to approve the appeal of HIGH CLEAR ACRES, INC. requeltina the zoning change from RA-2 to IA-l.

THE PRES IDENT explained that Mr . Shan,n'a motion is a DOve to SUStAIN the appeal, and thua reverie the ruling of the Zonins Board . Several people seconded the motion made by Hr. Shanen .

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HR. KETCHAH lpoke lD 0PpolltloD to the appeal aDd .ald he thiDk. thi. BOlrd Ihould uphold the deciaion of the ZODlng Board.

MR.. OPPENHEDlER spoke in opposition tc! the appeal, .aid it VAl "dow loning".

MR. CONNORS said he thinkl this should be changed to a one acre cone.

MR. SCARELLA spoke Agaiost the motion and laid it is not good planning to change this to one acre.

MR. BAKER said he thinks this Board should uphold the decisions of the Zoning Board.

There ensued a great deal of debate at thi. point .

HR, CUSHING aaked for a ROLL CALL VOTE,

THE PRESIDENT explained that a '10te of yea is a vote to lustain the appellant, which vill result in overruling the action of the Zoning Board and a vote of no vill result in sust8ining the ruling of the Zoning Board . He said there hal been a request for a roll call vote and asked if there were eight members vho requested this.

Eight membera signified their wiahes for a roll call vote on this matter.

The following ROLL CALL VOTE on Hr. ShaQeA's motion vas taken, vith 28 voting ye., lO voting ~o, with one abstention (Hr . Sherman). CARRIED :

THOSE VOTING IN PAVOR

Pasty Arruzza Eleanor Austin Jack Saer Fred Blois Vincent Caporizzo HUda Clarke George CannaI'll Anthony Esposito Armando Gurliacci William Hearing John Kane Stephen Kelly Paul Kuczo Stanley Kulowiec Carmine Longo Charlell Rodin Thomas Morr 1s Jallies Mulreed Wl1l1am Murphy John NoLan Richard O'Neill Gerald Rybnick Patrick Scarella Ronald Schwartz Allen Shanen Paul Shapero Anthony Trug1ia Cheater Wa lajty.

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THOSE OPPOSED

Daniel Boker Samuel Cushing Dr • Melvin Grove Alan Ketcham Prances Li11iendah1 R. A. Head David Oppenh~ imer Romaine Phil pot Randolph Rogers George Rusllell

I ablltention:

Michael Sherman

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Hlnute. of June 3, 1963 3708 ·

PARKS " RECREATION Cct!HITTEE:

Concerning Public Harlna Faellltl •• for 1963 - (Submitted In letter of 12/31/62 from Supt. of Parka, Edward Connell, 1n accordance with rules and regulatlonl governing parka, under the provisions of Ordinance No. 64) (See Minute.

of 4/1/63, page 3628 and Hlnute. of 5/6/63, page 3640-41-42 under report of Legislative & Rule. Committee)

MR. SHANEN MOVED for approval of the above request, aa previously outlined in the Minute. of Harch 4, 1963. being approval of the following fees for Public Harloa facilities for the 1963 ae •• OD. This waa seconded and CARRIED: (2 No votei)

FacUity 1963 - Per Season Lalt Year

Cumming' " Cove DOCKS-----------------------$3S .00--------------- $25.00 Southfield DOCKS---------------------------- 25 .00--------------- 25.00 Cumming. " Cove OPEN-----------------$I.OO per ft. minimum $15.00 7.50 Cummings" Cove SHORE-----------------___ ___ 10.00--------------- 5 . 00 (All fees baaed on reguLar 7 month season, from ApriL 15th through November 15th)

EDUCATION, WELFARE" GOVERNMENT Cct!HITIEE:

Concerning recommendation for consideration of increase in compensation paid to the Mayor, to becoae effective 12/1/63 and request to ask the Mayor to review the salaries of city officials. covered in Section 402 of Charter, and to initip.te emergency appropriations, if necesssry. also to become effec­tive on 12/1/63 (Requested in letter of 4/20/63 from James E. Hulreed, 7th

District Representative)

MRS. CLARKE reported her committee met on Hay 28th, 1963 following the meeting of the Fiacal Committee. Present were Jack Baer, Hilda Clarke, Melvin Grove and Romaine Philpot.

Hra. Clarke had previously reported on matters under the Fiscsl Co~lttee, which had been referred to her committee.

In regard to the item concerning an increase in compensation for the Hayor and other city officials, Mrs. Clarke reported that the committee feels a little more time i. needed to consider this and will report at the July Board meeting.

URBAN REDEVELOPMENT COMIIITTEE:

MR. OPPENHEIMER presented a report of meeting held on Hay 14, 1963, at which time the following were present : Michae! Sherman and David Oppenheimer; also Richard O'Neill, member of the Board of Repre.entativ~., together with representatives of the Urban Redevelopment Commission. He said the guest speaker was Hr. Hawley C. Oefinger, Jr., Superintendent of Communications of the City, who .poke ia regard to traffic problema, both present ones and thoae in regard to the propoaed plan for the Southeaat Quadrant.

MR. OPPENHEIMER. gave a very lengthy rePort. outlining various questiona and anevera in regard to the proposed redevelopment plan .

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CHARTER REVISION CCHIITTEE:

HR. HULREED pre.ented hi. committee report. He .Ild the ComMittee met Hay 31, 1963 in City Hall. and the follovlnB vere pr~lent: Me •• rl. CUlhing, Kane and Hulreed. Absent vere Hellr. ~ Walajtyl. Schw~rtc and Hrl. AUltin, He explained that Mr. Schwartz WII out of town and Hrl. Au.tin va. 111.

He reported that the only bUllae •• be~ore the Commtttee val to .et the date for the public hearlnS and the place where It will be held . Ue oold the tlmlns of the .. et­tng datea al epacified in the Home Rule Act va. diaeu •• ed and it va. unanimouely agreed that the Public Hearing 11 to be held on June 18. 1963 at 8:00 P.M. in the Auditorium of Dolan Jr. H1gh School ,

Hr. Kuczo aaked Hr. Hulreed a question. He laid : "ln regard to ehb report which ve have (meaning the report of the 6th Charter Revt.ion Commission) -- are all tbese items gOiD8 to be brought up at the P..,bUc Hearing?"

MR. MU1.R£ED repUed that only the three i tea t.bat vet'e approved by the Charter lle­viston Commi88ion viII be dilcu.sed at the Public Hearing.

Mr. Kuczo said: "How can lIome of thelle item. be bt'OU8ht back?"

THE PRESIDENt informed Mr . Xuczo that if he would diaculIlI thtl vith Hr. Mulreed off the floor of the meetin8 he wal lure he voul~ be glad to tell him what would be necelsary 1n order to accomplish thil.

PICNIC COMMITTEE :

THE PRES [DENT informed the memberl that at thi. time of the year the Board ulually thinks abo~t their picnic . He said either he or Mr. Ruslell, the Picnic Committee Chairman, will notUy thoae membet'a of the Board who w111 lerve on thil COUllittee.

NEW BUSINESS :

CONCERNING NEW COMMITtEE ASSIGNMENTS :

THE PRESIDENT informed the members that, after consultation with the MAjority and Minority Leoldera he would inform the Board aI , to the new Committee •• dgNlents cauled by the relignoltlon of Hr . Meyer~ ,

Concerning the proteSting of the clolln8 down of Lockers on West Beach - Complaint In Letter from Mra , Lou18 Chandler of 52 Lindale Street, addrealed to Hr . Schwartz, 16th Diatrict Representati~e

HR. SCHWARTZ laid he would like to have the above .. tter referred to the Steeriog Committee at their next meeting . He eaplained the above people vere In receipt of a notification from the Park Commi •• ion, dated May 10, 1963. in which they were informed of the closing down of the seasonal lockerl at Weet Beach because of the deterioration of these wooden lockera over the years , He read the letter from Mra . Chandler at thil time 8S well al the notification they had received from the Park Comml •• ion . REFERRED TO THE STEERING COMMITTEE

PetItion from Reaidents of Glendolle Circle and Greenfield Road. Glenbrook Concerning bad tOdd condltlona

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HR. SCHWARTZ presented the above petition at thie t~. 11aoed by 21 re.ideate of tho abo •• are. . REFERRED TO THE STEERING CCMHI~E

Concernins Civil Service Procedure.

HR. PHILPOT. 15th Dtatrict Representative, presented the following resolution at thla t1m8. which WI. referred to the STEERING CCHMITTEE:

WHEREAS, the orderly proce •• ea of civilian governaeat caa only h' ~lntalDed by competent perlonnel. and

WHEREAS, the orderly operation of Civil Service procedure I 1. belt .uited to a.,ure the .ppolnbDent of luch competent perlonneL; ~Dd

WHEREAS, the appointment of perlonl to governmental POltl before job 'pacUie.Uonl and Itand.rda have been ,et up II guide linea v1thlu the CiviL Service atructure It •• If cln ,erve only to veaken the Civil Service concept and open the door to political exploitation; and

WHEREAS, aueh a courle of events would react to the detriment of the City of Stamford;

NOW, THEREFOR!, BE IT RESOLVED that it 11 the intent of the Board of Reprelentativ •• of the City of Stamford to expreaa to the Hayor of the City of Stamford it. hope that, in the future, it Ihall Dot be a.ked to approve the incluaion in a budset of fund. to finance any 80vernmental POlt unleea the Civil Servie. CommilaioD ahall have .lr.ady deter.ined the Ipeeifie.tioal of lueh poeta, ahall have included aueh Ipeeifieltionl in itl appropriate manuala. and ahall have laid down the maana whereby lueb a poat may be filled in orderly fa.bion and by due proceaa of lav.

Concerning Petition from relidenta of Nortb Street. eriti(i&in8 certain action taken by the Zonina Board of Appea.1

MB. • . HULll!ED •• id he had a petition from the relic.ntl of Norili Straet which h. would liko to havi referred to the Steering Committee . He did not read the letter at tbi. time, but laid he would prelent it ¥t the next maeting of thl St.ering Committ ••• REFERRED TO THE STEERING COIIKITTEE

Petition from approximately 2.500 relid_nta of the City of Stamford urlinl flvorlbl. action on regueated amend~Dt to the Cll •• ified Employ ••• R.tlr.~ meat Plan II pre len ted by the MunicipaL Employee. Allociation

HR. CONNORS .aid h. had a patitioD on the above matter which ha would like to pra •• nt at thi. t'--. It va. ,ivan to tha .acr.tary for tha f11aa of tha Board.

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ADJOtIRHIIEIIT :

There belng no further bUllae •• to eOGe before the Board. upon motton. duly leconded and CARRIED, the .. eting va. adjourned at 11 :30 P.M.

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APPROVED:

Paul D. Shapero, President Board of Representatives

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1), lA A. ?illMelR.. Velma Farrell Adminiatrative Alai_tant (Recording Secretary)

Note : The proceedings of the above meeting vere bra.de.at over Radio Station WSTC.

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