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K1autoo of July 1. 1963 Maetiaa of the 7th Board of Repeal.atatlv ••

Sta-ford, Connecticut

3716

A regular meeting of the 7th Board of I.pra.ent.tiv •• of the City of Stamford v •• h.ld on MOnday, July I, 1963. 10 tb. Caf.t.rLa of the Dol.n Junior Hlah School, Tom. Road, 8t .. ford, Connecticut.

The m •• tlng v •• call.d to ord.r b7 th. Pr •• ident •• aul D. Shapero, at 8:15 '.H. INVOCATION:

In the ablenc. of the aev. Stanley r. Hemaley of St. John', Bpi.copal Church. tb. Pr •• ident reque.ted the member. to etand for a mom.at of 811.nt pray.r at Chi. tL.a.

PLIDGB or ALLEGIANCE TO fLAG. Tho Prooldont led tho m&Abero In the pledgo of all.gl.nc. to the fl.g.

ROLL CALL v •• t.k.n ~y the Clerk. Th.r. were 38 member. pr ••• nt and 2 ab •• nt at the c.l11nS of tb. roll. Hov.v.r, .ft.r the re-el.ction of Hr. Gurli.cei, a memb.r from the 5th Dt.trict. th.ra wara 39 member. pre.ent and one ab'lnt. Th. Ib.lnt m~blr WI. Iomainl A. Philpot. 15th Di.trice aepre •• ntltive.

CONCERNING QUESTION or VACANCY IN 5TH DISTlICT (ARMANDO GURLIACCI)

THI PIBSIDXNT 'Iid that I. Iveryone know •• there hal Iri •• n a que.tion I. to wheeher or not a va~ncy .xi.t. on cbi. Board Ind thereforl, tr •• ting the metter a. if thlre i, a vlclncy. a. th. remaining m.mber from the 5th Di.trict. he would DOW yield the Chlir to the Majority La.der of the loard, in order th.t h. may offer a name in nomination.

THI PIISIDBHT ylaldod tho Chalr to Hr. John Nolon. Kajorlty Lo.dor. at thl0 t1mo.

MR. NCLAN recoanhed Hr. Shapero.

Hr. Shapero offered the aame of ARMANDO GUaLIACCI, Democrat from the 5th D1.trict, in npqination. He .ald Mr. Gu~111cc1 ha. been approved by the Democratic City Committee to fill thi. po.t and ursed the .uppart of Hr. Qurlilcel by the .-.berl of tbb BaIrd. Seconded by •• verll lleUer ••

HI. 8~ .aid he wante to knav if thi. BaIrd ia loins on record that I vacaDCY ex~.t. end be. ina it on wbatl

THI ACTING CHAIRMAN aokod Hr. S.ar.l10 on what polnt he 10 rloln,.

HI. I~ rop110d ho rooo on • polnt of peroonol prlvl10,0.

HI. NOLAN .okod h1m to otato hl0 polnt.

HI. 8~ aaid he vanta thi. BOlrd to 10 on record I. to the r ... on why thi. vacancy .xilt. - on what thi. vlcancy i. ba •• d. H •• aid h. hal DOt h.ard .nytbinl r.ad h.ra that would indicate that a vacancy axiat ••

HI. NOLAN lnfonaed Hr. l.a .. U. that Hr. 'hapero hOi plo.od a nome In nomlnotion and the only tbinl in order at thi. tt.. would be to plae. another name in Domina­tio~. or to •• coDd thl aamiaation of Mr. CUrl1acci.

HI. SCAR"! , replied that ha hal not b.ard aD'I explanatioD I' to wby the DIlle of Hr. Gur11o •• 1 10 b.lnS pro.oDtod .t thl0 Ciaa. Ht oold he wanto to know lf anyth1na

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3717 II1nute. of July 1, 1963 i ) .

hal been lent to thl. Board - • Judge'. decialon of any kind, Itating that there La a vacancy on tbi. Board. He laid he doe. not think thi. Board ~hould be guided hy ., what 1. read in the new.paperl. _ , j •

MR. NOLAN informed Mr. Scarella that he knows just a. veil .1 he doee the realon why thl1 ia being done. He declared Hr. Scarella out of order.

HR. SCARELLA appealed the ruling of the Chair and saId he ia not out of order.

HR. NOLAN told Hr. Scarelia that he 1. out of order. Mr. Scarella .aid be wiehea to appeal the ruling of the Chair.

VOTE taken on Hr. Scare11.'. appeal from the ruling of the Chair. A voice vote v •• ' first taken and the Chairman ruled it va. IOlt.

Several members objected at this point, 80 • second vote vaa taken by a r181ng vote. There vere 19 in favor and 19 opposed . The Chairman announced the appeal from the ruling of th~ Chair vas LOST. He announced that he had voted to uphold the ruling of the Chair. thus creating a tie.

HR. 5CARELLA said the Chairman does not vote except to break a tie.

HR. NOLAN said this is not true - that the Chairman alao can vote to make a tia.

HR. NOLAN called for any further nominations.

HR. BLOIS presented the name of MRS. MARIE STEWART. Democrat, to fill the vacancy in the 5th District. Seconded by Hr. Longo.

HR. SCHWARTZ called for a five minute recess at ~hia time. Thia vaa granted. , 0

The members reaumed their seats, the recess being over at 8:40 P.H.

MR. NOLAN aaked if there vere any further namea to be offered in nominatIon. There being none, he directed the Tellers to distribute the ballots among the members and for the members to vrite the name of the nominee of his choice on the ballot.

HR. KUCZO said he would like to suggest that this Board set up a different method of voting in which the members walk over t o a table and deposit their ballots in the ballot box.

HR. NOLAN said the Chair has no objection and asked if any of the members objected to this procedure. There being none. the Clerk called the roll and each member deposited his ballot in the ballot box, after having previously been handed a ballot by the Tellers.

The Tellers counted the ballots and the CHAIR announced Hr. Gurliacci elected by the following VOTE:

21 Votes for ARIfAIIDO GURLIACCI 16 Votes for MRS. MARIE STEWART

1 Abstention

THE PRESIDENT resumed the Chair at this , time and adminiatered the oath of office to Hr. Gurliacci.

HR. GURLIACCI took his aeat as a member of the Board. changing the roll call to 39 now present and one absent.

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Hinutea of July 1, 196) 3718

HAYOR'S MESSAGE TO BOARD OF REPRESENTATIVES FOR FISCAL YEAR 1962-1963 (A. per Sec . 303.1 of Charter)

Copiea of the Hayor'. Annual He.aage va. presented to all member. of the Board and aho was ~,oadca8~ over the radio at the atart of the Board Keeting. I H

ACCBPTANCE OF MINUTES - Special M.eting of Kay 13, 1963 re 1963/1964 Budget Regular Heeting of June 3, 1963

The Mlnutea of the above meetingl were accepted, there being no correctiona.

COKKl'ITBE REPORTS :

HR. SHAPERO presented the following report of the Steering Committee:

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STtERING C(H\lTTEE REPORT HF.ETING HELD MONDAY, JUNE 17, 1963

A meeting of the Steering Committee was .held on Honday , June 11, 1963 in the Walter Dolan Jr . High School, Toms Road .

The Heeting wae called to order at 8:45 P.H. The Chairman, Paul D. Sha­pero preaided. Present were the following members : Paul Shapero, Eleanor AUltin, Daniel Baker, Allen ShaneR. William Hurphy, James E. Hul­reed, Georae Rus.ell, Anthony D. Trugli., John V. Kane. Hr. Oppenhe~r va. alIa pre.ent aa Chairman of the Urban Redevelopment Committee, a Special Committee.

The follovins membere vere abient : Ronald Schvartz, Hilda Clarke, John Nolan , Fred C. Bloia and Alan H. Ketcham.

The folloving matterl vere diacuaaed and acted upon:

(1) Kayor's Appointment. - REFERRED TO APPOINTKENTS COKKlTTEE - Kayor'. letter at June 14 , [963 re appointments to Urban Redevelopment Commission and those on list from the June 3rd Board meeting.

(2) Additional Appropriations - The six additional appropriations, ap- , proved by the Board of Finance at their meeting held June 13, 1963, vere REFERREO TO TK2 FISCAL COMMITTEE, vith items in excel. of $2,000 referred to a secondary committee .

(3) Application from the KAPLE AVENUE BIBLE PROTESTANT CHURCH, reque.tina an Ordinance for a buIlding eet-back on easterly aide of Courtland Avenue. REFERRED TO LEGISLATIVB AIID RULES CIlI!IIl'ITBE.

(4) Request for observance of AMERICAN FLAC WEEK, from July 1at JUly 7th ~ Letter aated Hay 21. 1963 from Leonor Tasheiko . TO LEGISLATIVE AIID RULES COKKlTTEE.

throush REFERRED

(5) C1 ••• ified Em~loye •• Pension Amendment - UNDER OLD BUSINESS ON AGENDA.

(6) LEASE - ~~!!!....!;~..tl~~~"!!!!!41 (Mayor' a COKKITTU

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3719

(7)

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Minutes of July I, 1963

WORKABLE PROGRAM FOR C~I:Y I~ROV!HENT - Request 1n letter of 5/20/63 from Mayor for approv31 of above to the Federal Government -REFERRED TO LEGISLATIVE AND RULES COIIMITTE!.

~" ~P~(8) :C~0~n~c~e~rn~1~n~~r~e~c~~'~~d~a~t~1~~~n~1Or~~co~n~s~1~de~'ra~t*170~n7. o~f~1*n~c~r~e~.~a~.~in~c~0~~~~~

"lIqD'~ 1111 paid .... · the Mayor to b.coDU! eff ctlve 121 6 (Req'1"at.otI, in .ri ~/~/II~.. 5/20{63 'ram J ... ., !II>I reed; 7t!1-· 01.ttlo<· RePFe!"'ntaelye) E • \l EOOCATIOO. IlELFAas-i" GOVE~T coM!In'i'EE V V

. (10) Concerning protest against cloRing down of locker. on West Beach ~ Com~ plaint 1n letter from Mrs. Louis Chandler, 52 Lindale Street, dated 5/28/63 •• ddressed to Ronald Schvartz, 16th District Representative -REFERRED TO PARKS 60 RECREJo.TlON rOHM:TIEE.

(11) ~~~~~;!.~~~~~~~~~~~*"~;mh¥~ Avenue Navat Re~e[",/P Tralni'!8 Center TO LEGISLAT!'1E A!'to Rtn,ES CO!'!MI!'1'EE.

(12) Appointment of Fiscal Commlttee Chalnnan. pro tpmpore:

The Chal~n announced the 8pp~lntment of Mrs. Eleanor R. Austin as temporary Ch8l~n of the Fiscal Commlttee.

There being no further businesft to cOmP. before the Committee, upon motion, duly seconded and carried, the meeting ~as adjourned.

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APPOINTMENTS COMMITTEE ,

PAUL D. SHAPERO, Chairman Steering Committee

MRS. AUSTIN. Chainaan, reported that the Appointments Committee would report on the appointments to the HeatinR and Air Condltloning Board and the Urban Redevelopment Commission at the next regular Board meeting. 'She Baid the name of Mr. CIUton N. Cooke to serve on th~ Board of Taxation, had been withdrawn at his request and said she had been so l~formed in 8 letter from the Kayar dated 6/26/63.

FISCAL COMMITTEE:

MRS. AUSTJN, Temporary Chai~n, present~d her committee report at this time and said 8 meeting ~as held on June 24th. Present were : Eleanor Austin, Richmond Mead, George Russell and John Kane, Jr.

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(1) $130,000 . 00 - Pr~po~ed resolution ampndina 1962-1963 Capital Pro'ects Budget for purcha! e of the p,lmer propp-rtv for park purposes and appro- '_I prlation theref~r in al:cordan('" p, with terms of contract, 8S out-lined in M.1yor's letter of 611162_ (See Minutes 11/13/62, page 1521 j Minutes of l2/3/~2t page 3511j Hinutes of 1/1/63, page 1551 i and Minute!! af ,2/4/63, page 3577)

Mrs. Austin reported t"at "he I5bo". e matte .. has been held in committee because consideration W,1"J p:i -.Ter, to t he t;:o .::>per propf'r !: y. r('cp~t1y turned down by the Board of Finance.

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Minute. of July I, 1963 3720

The above matter waa kept in eomml~tee t awaiting further information which 11 not ready at the present time. She laid the Committee hopes to report on this item at the next Board meeting.

(2) ' $6,000.00 - DEPARTMENT ~ PUBL1C WORKS - Code 620.1501. Inclnerator and Sev •• e Treatment Plant. Light. Hent and Power (Hayor'. letter 6/1/63) (1962-1963 flaea1 year)

HIS. AUSTIN HOVED for approval of the above reque.t.

HR. BLOIS. Chairman of the Public Works Committee , to whom thi. had alia been re­ferred •• aid be ha. no COMmittee report on thil.

THI PRESIDENT .aid there would have t? be 4 motlon to bring thie out of committee, otherwile no action could be taken tonight.

HR. NOLAN KOVlD thiB be reraoved from the Public Work. Committee. Saconded and CARRIED.

VOTE taken on the aDtian to approve the above r~quested approp~l.tlon. CARRIED unanimou81y.

(3) $594.41 - DEPARTMENT OF CIVIL SERVICE - Code 174.0101.Salarle' (1963-1964 Operating Budget) Covering ,ala~y for Personnel Technician. to place it in the S-19 , .tesory - salary range $6.393.00 to $7.585.00, the request havins been rereived too late for placement in the Buds­£!.. (Kayar" letter 6/6/~3,)

MRS. AUSTIN MOVED for approval of t~e above req~est. Seconded by Hr. Arruzza and CARRIED.

(4) $250.00 - TAX ASSESSOR - Code 144.2201, New Equlpment (Kayor', letter 6/6/63) fl962-1963 flleal year)

MRS. AUSTIN MOVED for approval of the nbove request. Seconded by Hr. Kulreed and CARRIED.

(5) $1,000.00 - ~~~~~~ (Kayar' ,

MRS. AUSTIN MOVED for approval of the above requelt. Seconded by Hr. Curli.eeL and CARRIED.

(6) $3,500.00 - Re~olution N~. 420 - A~endlng 1962-1963 Operating Budget by trana­ferring above sum frolb OISundries" to Code 170.0000 11 Pens ion . Actua~l.l S~rvlce~ Ar.~)unt" in accordnnce with Sec. 656 of Charter (Kayor's letter of 6/6/63)

MRS. AUSTIN HOVED for appro',al of the follllVlnp; res~lution on the above requeat : ~ Hr8. Clarke, Chairman of the Educltlon, W~lfare and Government Committee, said ber Committee cOQcurred in approving thlft reque~t and leconded the motion. CAJUUUlD;

RES(I'.UTION NO. 420

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3721 Hinut •• of July 11 1963

BI AND IT IS HEREBY RESOLVED by the Board of Repre •• ntativee of the City of St •• ford, in accordance with Section 656 of the Stamford Charter, to approve an amendment to the 1962-1963 Operating Budget by the traQaler of funda in the amount ,of $3 , 500.00 from the "Sundries" account to the "Penaion Actuarial ' Service," account under Code 170.0000 •• reque. ted in the Mayor' I letter of June 6, 1963.

' (7) $89,000,00 - PUBLIC WORKS DEPARTMENT - Re.olution No. 421 amending 1963-1964 Capital Projects Iud get for "Storm Drains" in location. adjacent to new Bchool construction at Riverbank and Turn-oj-River School •• (/layor'. letter 6/10/63)

HIS. AUSTIN laid the Flacal Committee approved thts request.

HI. BLOIS .aid the Public Work. Committee tl not ready to report on this matter.

HR. NaLAK MOVED this matt~r be removed from the Public Works ~lttee. Seconded by Hr. Shanen and CARRIED.

~. AUSTIN MOVED for approval of the follOWing re801ution. Seconded by Hr. Curl i­acci:

RESm.UTION NO. 421

All!HDING 1963-1964 CAPITAL PROJECTS BUDGET TO AOD TIlE SUI! OF $89,000.00 FOR ITEM TO BE KNOWN AS'STOR!! DRAINS" - IN LOCATIONS ADJACENT TO NEW SCHOOL CONSTRUCTION AT RIVERBANK AND TURN­OF-RIVER SCHOOLS

BI AND IT IS HEREBY RESOLVED by thr Board of Representative. of the City of Stamford, to amend the 1963-1964 capItal Project. Budget, in accordance with the proviaiona of Section 611.5 of the Stamford Charter. by adding an item thereto in the amount of $89,000.00 for "S torm Draine" and the appropriation of that •• ount . for the purpo8e of correcting existing drainage conditions in locationa adjacent to new school construction at Riverbank and Turn-of rRiver Schoola.

HR. CONNORS .aid he does not understand how this Board can vote on approving $89,000 when "we have projects that have been held up untll the 1968 and 1970 fhca1 yean in only amount. of $10,000." He said one for exampleo, is Home Court which ha. been waiting aince 1954 and Waterbury Avenue which they have been waiting for, for the past ten yeara. It He said he, can' t underatand how anyone can come in and .lIk for $89,000 for another area when you don't take care of theae other people who have beel patiently waiting for 80 long over a period of many years and this project i. aomething new. He said he i8 not oppoaed to this appropriation, but fai18 to aee why othera In the community ahould be neglected when this new project ia puahed

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ahead and wanted to know why this i. more important than the other projects that ~ I havI l. been held so long. He lIIaid : "These people pRy taxes the some aa everyone elae .. why hn't aomething done for them?"

MR. RUSSELL .aid he agrees with Hr. Connor ••• he felt somewhat the aame way when thi. W8S brought up in the Fiacal Committee. He said the aad fact about this particu­lar project i. that a large part of the coat of this was due to shortcomings in the

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3722

original subdiviaion on Rrll~n~ WQ~d~ Road. ~e ~~ld 80~e of the older members of the Board may remember ",hen t}11."1 "" ,. pre'!lou"!:11 teton the Board. that they had a problem 1n that area vlth p ~rl?u ~ \I.t~r da~Age. He Raid At that time he had atated that a qualified en~lne~ rln8 ~ur,ey ~h~uld br made of Stamford to try to alleviate this type of problem, but (or ~ome r~a~on or other it dld net go through.

He Bald becaus e of the n~w Turn-of - River School , t~l~ must be drained . He pointed out that this will unfortun~tely have t~ cut thr~u~h the ~ln area of the school and is 801ng to be an open trench. He Fatd perh.p~ the Board of Educat ion may come 1n for an appropriat it)n for pipes to rover tt'l h , but that is something for the future and not under consideration now. He ~ld.!d wt h."".Ie "0 a.lcernati"le at thb moment because of the way the vater is drNininR . ~ro!~ Vine Road and something hal to be done aa it will affect the openinR of the School. »e urged approval of the appro­priation.

HR. SHER.'1AN ,..id the rnldrntJO "f R.~1 ! in" Wood Ori'/p, for a number of yean have been attempting to have the drKtnage Arr038 their pr~perty taken care of and he hopes thift appropriation will help ~r ro~p ] ls~ the correction of that problem which· i. becoming incre4Rln~ly wor~e sR con8tructlnn of the srhool progre.leB. He urged passage of the re~otutlnn.

MR. KELLY .aid he want~ to know why r.he people in the 12th District cannot get any help for their drainage proble~~ . H~ R~ld one hAB heen held up for 4 years and nov it is pushed up to 1969 and .1nother l:ern h .. ~ been pu,.hed up to 1968. He said he 11 not speaking against tht. "ppr?prtation . but "tAhes 60mething could b. done to help the people in hia District, too.

HR. BAKER uid he ul'lderfltand!'l :kat lhls prfl .1ect is nece,u.ry for the opening of the school and this ha~ been , lo~. 3t ! odLn8 ~r.ln~!~ problem And something muat be done. He urged appro\'al of the re"o!uUo~.

MR. MORRIS said it Ree~d that every ti~ they build ~chools in the Clty of Stam­ford they run into trouble and tr.dt it mu~ t be poor engineeri"s. He ssid each time they buUd a school they come heck and h&\'e to aRIt for more money for this or for that.

There being no further deb~ te Q~ th~ fi uhje~ t ~ 3 ~otE waa taken on the motion to approve Reto1ution No. 421. "'/o.RRIEO uMnbDliudy.

(8) $113.00 - SrA~ORD Fi RE O!~AR:MF.N r - Code ShO.OIOI. Salaries, Reclas~lfication for H. C. O~!~~Jtu.p.t. C,,~untcatlons, from PF4-E at $8.515.00 per year to ~2~-A a:-1~8.00 per year (Hayor'o letter 3/28/63) (l9~1-19~4 fl-. u l y .. r)

MRS. AUSTIN KO"JED for !ucp"n~'::If' co t" the rule~ to b9"ing the Rbo'le request on the floor, aa it had been inadvertrnc!y amlctpd from the agenda. Seconded and CARRIED.

MRS . AUSTIN HO:tr;o for flF'pro \'s! d the ahove. re ·iul'"t . !ie'onded by Mr. Murphy and CARRIED.

LEGISLATIVE ANO RULES tOliM tTIEE :

HR. ~AKER presented hi~ ~ommltte~ report at this t~e. He said all matters were approved.

(1) CIRCUIT COURt HO:J':'E LUS£~ .. RrtW"een e. tt)" ..,f Sta~!ord and State of Connecticut,

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3723 Hlnut •• of July I, 1963

coverin Circuit Court Houae on Ho t Street (par Mayor 8 atter 6 See Minutes of 4 1 63, pas. 3626; Hlnute. of 5/6/63, poSe 3638)

MR. BAKER .aid the approval of theae leasoa ha. been before thil body on prior occalions and referred back to committee, with the thought 1n mind that perhaps the Legi.lature might authorize the purchase of the Court Houae and .thua relieve the City of the expenae of itl operation . However, he said no such leg18latlon v •• enacted~ but he was informed today that the Legislature haa paased a Bl11 which authorize. a rental increaa. next year .

He .ald the le ••• 1 are a. followa : A one year Ie ••• fr~ Januar, 1. 1963 at • yearly rental of $lO,2~1 . 96 with monthly payment. of $854 . 33 . The second lea.e 1. for the us. of the State Adult Probation Commi.sion fot Rooms N08. 24 and 26 in the b.sement of the Circuit Court Building and runs for. period of two yeara and calls for the ule of 496 aquare feet at a rental of $991.92 per year , or $82.66 per month.

HR. BAKER •• i~ the Committee recommend I the approval of the renewal of theaeleasea for ONE YEAR ONLY aa they have been informed there will be no objection to thia pro­cedure .

HR. BAKER MOVED for approval of the renewal of theae leaaea for a term of one y.ar only. Seconded by Hrs. Austin and Hr. Hulreed. CARRIED.

(2) LEASE RENEWAL - Between U. S. Govt. Naval Re8erve Trainin8 Center and City . for City-owned property on Masee Avenue for sum of $1.00 • From July I. 1963 to June 30. 1964 (Hayor'. letter 6/ 6/63)

MR. BAKER HOVED for approval of the above leale . Seconded by Hr. Oppenheimer and CARRIED.

(l) WORKABL! PROGRAM FOR COHKUNITY IHPROV!H!NT - Concernlns Submla.lon to Federal Gover~ent, .s outlined in Mayor'a letlers of S/20/6) , 5/24/63 and document entitled "A Prosram for COOIIIunLty Improvement!! prepared by the Mayorls Co­ardin.tins Committee attached thereto.

HR . BAKER said all members have received copie. of the above documents from the office of the Hayor. He read the mea.age of the Hayor on the firat plge of the submitted document . He explained that the preparation and submislion to the Federal Government of this document il a condition imposed by statute on commun­ities who receive Federal financial asaiatance for Urban Renewal Projects, Com­munity Renewal Projects, certain mortgage in.urance issued by the FHA and public houaing projects , including housing for the elderly . He said this program must be certifLed annually which is mandatory in order for the Housing and Home Finance Agency t.o i s. ue additional commitments under the above mentioned programa.

He laLd the deadline date for StB~ford to re-certify this program ia July 1. 1963 .

HR. BAKER HOVED for approval of the ,ubmisaLon of the above recertification to the Federal Government. Seconded by Dr. Crove . CARRIED unanimoualy.

(4) ~P~r~0~po~.~e~d~o~r~d~17n;.=n~ce~c~o~n~c~e~r7n~l~n~a~~~7i;:~~~~~~~~~~b~U~I~I;d7l;n~lr.l~nF;e, on aster y aide a Courtland Avenue Requested by law fi~ of CurtiS, Brtnck-erhotf , Barrett for The ~ple Avenue Bible Prote~tant Church in letter of 6/13/ 63 attach Ins .ketch)

HR. BAKER read the following proposed Ordinance and MOVED its adoption for publi­cation. Seconded by Mr. Connors and CARRIED:

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Minutes of July 1, 1963

BE IT ORDAINED BY THE CITY OF STAMFORD THAT:

Pursuant to the power. contained in Chapter 4, Section 40 (24) of the Charter of the City of Sta.ford re the t!atabllahment of building line., that the building line eatablished by the Town Planning Commis.ion of the City of Stamford on ~rch 17, 1931 on the ealterly aide of Courtland Avenue, extending from the northerly line of Hamilton Avenue to the southerly aide of Lenox Avenue, parallel to the eaaterly atreet line of Courtland Avenue In length and 49.5 feet diatant therefrom, be and it 1. hereby abolished i and

BB IT FURTHER ORDAINED that the Btoop and porch 1 ine eltabI hhed by the Town Planning Commis8ion of the City of Stamford on Harch 17, 1931 on

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the ea8terly aide of Courtland Avenue, extending from the northerly line of Hamilton Avenua to the aoutherly lide of Lenox Avenue, parallel to the ea.tarly Itreat line of Courtland Avenue in length and 40 feet diltant therefrom, be and it i. hereby abolished .

Thi. Ordinance ahall take effect from the date of itl enactment .

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(5) Proposed Resolution proclaimin! AMERICAN FLAG WEEK (Submitted in letter of SJ21J63 from Leonar l •• haiko)

MR. BAKER MOVED for approval of the following reaolution. Seconded by .everal .ember. and CARRIED unanimously:

REStl.UTION NO, 422

WHEREAS, the United States of America ha. been establi.hed aa the greateat nation in the hiatory of the vorld through the efforta of itl patriotiC cit1r.ena; and .

WHEREAS, the perpetuation of the United State. as a free and independent nsUon La dependent upon the continu,ed devotion of patriotic cithen.; and

WHEREAS , one of the prime evidencel of patriotia. ia the di.play of the flag of the United Statel of America; and

WHEREAS, the youth of the nation 1. lmpr •••• d by a forthright dilplay of patriot i •• by th.ir elder.; and

WHEREAS. an organiaed protracted di.play of the flas of the United Stat •• of Amerlca avar a glvan p.rlod of tt.e would be morl eCfective th4ft the uaual one day ob.eryance; .

NOW, THERlPOkI 8i IT RBSOLVBD that the City of Stamford hereby de'ignate, the period of July ht through July 7th of each yea r' a. Ameri,can Fla& Week and call. upon all citizen. to di'play the flag of the United State. on

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those day., in accordance with the provl.1on. of the joint r •• olution of June 22, 1946, as amended (pertaining to the display and u.e of the flag of the United Statea).

PARKS (, RECREA TIOII COHHITTE!:

Proteat concern!n do.in down of locker. on West Beach (See Minutea of 6/3/63, page 3709) Complaint in letter from Hra. Louis Chandler of S2 Lindale Street)

HR. SHANEN reported that apparently the Park Commis.ion reconsidered their notice of May 10. 1963 and decided to keep open a minimum amount of lockere • in the .neighborhood of about 40 and around 14 of theae are being occupied by the reaident. in the area. He aaid there will be further investigation into whether or not thea. viII be removed next aea80n.

EDUCATIOII. WELFARE (, GOVERNIIENT Ctt!HITTEE:

Concerning recommendation for increased compensation for Mayo r. to Lecoma effective 12/1/63 and request to ask Mayor to review aalariea of city official., covf!red in Sec. 40~ of Charter and to initiate emergency approprllltiona. if needed - also t o Lecoma effective on 12/1/63 (Requested in l etter of 4/20/63 from James E. Hulreed. 7th District Representative) (See Minutes of 6/3/63, page 3708)

MRS. CLARKE presented a committee report on the above request. She aaid the Committee obtained information on similar aalariea in surrounding areaa, 4S follows:

GREENWICH: Full time Administrative Officer" recently raised from $16,000 to $17,000.

DARIEN: First Selectman. Adminiatrative - $9,500 and $500 car allowance.

NEW CANAAN: Full time Firat Selectman - $12,DOO.

NORWALK; ~yor'a present .aiary: $11,500. Favorable action ia expected on raising this to $14.000 by September.

WESTPORT: Part-time Pirst Selectman - $15.000.

MRS. CLARKE said the committee was unanimous in favor of an increaae in the .alary for the Mayor of Stamford, with the following suggestions: that it range from $15.000 to not oyer $20 ~ 000 to take effect on December I, 1963, aa suggested in Hr. Hulreed's letter and to be a full time office.

HR. BAiR HOVED that a copy of the report be sent to of the Mayor be increased to $17.500 as of December with the provisions of Section 402 of the Charter .

the Mayor and that the salary I, 1963, in accordance Seconded by Hra . Clarke.

HR. CONNORS Bsked if this salary increase alIa included the City officials aa specified under Section 402 of the Charter.

THE PRESIDENT said this only covered the increase in salary for the Mayor and not other City officials.

HR. NOLAN said under Section 402 of the Charter the Mayor is charged with giving

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rataea to other city officiala, 8uch a. member. of hi, Cabinet, but it 18 a rather dire situation for the Mayor to recommend that his own salary be tncreaaed and by doing it thie way. it 1. done by bi-partlaan effort. He said If the Hayor aeee fit, he can recommend raiaes for the other city official. specified under Section 402.

MRS. CLARKE said although the letter from Hr. Mulreed requested the Board to ask the Hayor to review the lalarlea of other city officiala, the Committee did not act on that lugseation. but merely acted on the ratae for the Hayor alone.

MR. SCARELLA a.ked what the figure of $17,500 waa baaed upon and vaa it an adequate Usure1

HR. BAER said the committee discus.ed the •• lariea of other Hayora in neighboring smaller cities and towns in which the Mayor'a 8alary is hisher than the preaent aalary of the Hayor of St •• ford.

MR. SCARELLA aaid that conaidering the lalariea for Hayors in other cities smaller than Stamford are considerably hiSher than that paid to the Hayor of Stamford, he vould like to recoumend that this be railed to $20,000. 00.

MR . SCARELLA MOVED TO AMEND Hr. Baer ' • motion by changing the Mayor'l 8al8ry to $20 ,000.00. Seconded by Hr. Kuczo.

HR. BAIR 88id he thought the $5,000 raise w.a adequate, considering the preaent aalary i8 $12 , 500 and that. rai •• to $17,500 would be quite adequate.

MR. BAKER said he thought Hr. Scarellat~ propolal val quite in order and can be well 8upported by logic. He said this is a city of about 100,000 people and from the experience of the membera of this Board they know how difficult it i8 to obtain co~petent candidatea for the office of Hayor and requires • big a.crifice for • well qualified peraon to accept the position. He .aid it i. only in ca.ea where people have independent incomes which will enable them to run for the office of Mayor that no aacrifice i. entailed.

HR . SHERMAN .ald he alia favor I the I.lary be incre.led to $20,000.00 .a being. more real iatic figure and which will attract competent a.nd qualified people.

After lome further debate, Mr. Baer laid he would accept the amendaent to change the rec~ended I.lary of the Hayor to $20,000.00.

VOTE taken on the motion to recommend that the Hayor'l aalary be increaaed from $12,500 to $20 , 000 a year, atarting December I , 1963. CARRIED unanimoualy.

CHARTER REVISION COHHITTES :

HR . KANE preaented the co~ittee report and lald the committee hal received the report of the Charter Revilion Commil.ion on June 1, 1963 and held a public hearing on the aubJ~ct of their report on June 18, 1963 at Dolan Junior High School. He aaid at that time eleven individuals spoke twenty-tva time. on the fourteen item. preaented at the public hearing. .

He said thoae members of the Board of Repr.lentativel on the Charter Revilion Committee that were pre lent at the public hearing vere: Hr •• Eleanor AUltin and Me •• rl. Samuel Cu.hina and John Kane .

Hr. Kane rep,rted that followin8 the hearing, the Committee met in executive

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lel.ion on June 25. 1963 at 8:30 P.H. in the Conference Room at City Hall. thole present vere : Hrl. Eleanor Auetin and Hessr8. Samuel Cushing. Ronald Schwartz and John Kane. He said the members present at thi8 meeting accepted the report of th~ i 6th Charter Rev181~n Commic81on by a vote of J in favor with one abstention.

MR. ~~! .aid that the three proposals approved by the 6th Charter Revision Com­missIon were approved by the Committee with one abstention, three in favor.

PROPOSAL NO.1

Concerning mandatory review of Charter every twelve yeara. (A new section)

MR. KANE HOVEn the above proposal be placed on the ballot at the next general election to be held on Tuesday. November 5. 1963. Seconded by Mra. AUltin.

HR. SCHWARTZ spoke in opposition to the proposal . He said he was the persun at the executive ses . ion of the Charter Revision Committee who abstained. He said there is a provision in the Home Rule Act for the appointment of a Charter Revision Com­mission whi ~h hss been meeting fur five or six . years now annually. and annually we have been making changes in the Charter. He said he served as 8 member of the 5th Charter Revision Commission when a proposal was submitted asking for a manda­tory review of the Charter every ten years and it seems to be a surplus and waste to even place it on the ballot to do something that is repetitious. He said he has been unable to determine the reason for wanting this even when he served on the Commis8 ion itself - that it makes no se~e t o be looking into the possibilities of amending the Charter when we have been doing it for the past six years.

A VOTE was taken o~ the motion made by Hr . Kane to approve Proposal No. I for mandatory review of the Charter every twel ve years . The following Charter amend­ment was APPROVED by a vote of 21 in favor; by a show· of hands:

This will be a new section of the Charter to read 88 follows:

Section 54. Mandatory Review of Charter Every Twelve Years.

A general review of all the provisions of and amendments to this charter shall be undertaken at twelve year intervals by a Charter Revision Commission t ~ be appointed 1n accordance with the provisions of the Home Rule Act.

The firbt such re'l icw shall be conducted by 8 Chsrter Revision Commission to be appointed not later thAn February I, 1964. Such ~islion shall be required to report within one year in accordance with the P.ome Rule Act.

The provisions of thi. section shall in no way impinge upon the appointment of interim Charter Revision CO~i8sions when , in the di sc retion of the Board of Representative" Ru~h appointment shall be deemed adv isable.

** •••• AA •••• ***** PROPOSAL NO.2

Concerning method of election of Chairman of Board of Finance following biennial election.

HR. KANE MOVED the above proposal be placed on the ballot at the next general election tQ be heJd on Tuesd:JY. November S. 1963 . Seconded by Mr. Hulreed.

HR. S: HWARTZ spo1t.e. in 'lpposit1on to the motion . He said this board i_ a strictly

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elective office and there would be no point in taking, or mod!fying the purport and intent behind the electing of • Board of Finance. He said its power would be nullified by the creating of a .pecLal power in the Hayor to break a tie vote of the Board of Finance and then, by ita effect, have the Hayor put in the Chair­man of that Board. He saLd it would defeat the whole. purpose of electing a Board of Finance • that you may just .a well have an appointive Board of Finance.

He laid this aleo goea againat the intent of the Charter, 88 Stamford haa what 1. cOUIDonly called a "weak Kayorll Charter. He said he think. thil 18 an attempt through the back door, to give the Kayor one facet of • atrong Hayor'. paver and 1. in an area that could have future repercu •• ionl - that although it might be expeditiou. today, tomorrow it could have the oppo.ite effect, and could turn out to be a double edged svord.

HR. SCARELLA •• id ho osro •• with Hr. Schwart. and think. tho Boord of Finane. i •• very important body in the City of Stem ford and Ihould b. l.ft alono.

HR. HULREED explained the amendment only provides that the Mayor pre. ide at the orBanlzatlon meetlns of the Board of Flnance and only votes in the ea •• of • tie to break a tie vote.

HR. BAKER said he ia not aure he under.tand. the intent. He laid a. he underltand, it, it authorizea the Hayor only to vote at the firat election in resard to the election of a Chairman and after the election of • Chairman, he ia no longer a member of the Board of Finance.

Hr. Baker wal info~ed that his understanding ia correct.

THE PRESIDENT called for a vote on the motion as made by Hr. Kane to approve Propo.al No.2. The following Charter amendment wal APPROVED by a vote of 24 in favor t by a show of handa; and the reviled aection will then re\d a. followa:

Section 652. Chairman.

Following a biennial election , the Board ahall. at it. first meeting held in December. elect from ita member. a chairman to hold office until the fir.t meeting held in December following the next biennial election. The Mayor of the City ahall pre. ide for the purpo.e of election of the Chairman of this meeting and Ihall calt a ballot only to break a tie vote .hould a tie vote develop in auch election. Thereafter. the Chairman Ihall preaide at Board meetinga and he shall be entitled to vote al a Board member.

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PROPOSAL NO.3

Concerning revision of penSion plans for (1) Police and Fire Pension funda: (2) Classified Employees Retirement Fund: and (3) Cugtodiana ' and Mechanica' Penaion Plan.

HR. KANE HOVED the above propolal be placed on the ballot at the ne.t leneral elec­tion to be held on Tuelday, November 5. 1963. Seconded by Hr. Nolan.

MR. SCHWARTZ HOViD that thil be referred back to the ChaTter Revision Commi •• ion.

THI PRISIDINT informed Mr. Schvart& that 1n order for matter. to b. referred back to the Commies ion that there hal to be a specific .m~ndment to the item AI reported

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out by the Commis.lon.

HR. SCHWARTZ Bald he would make a .paclfic amendment. HI MOVED TO ~ item '3 lor reaubml •• ion to the Charter Revllion Commi •• ion, that the provillon be am~nded to read that the Trustees of the Penaion Fund are to be qualified penaion expert. and are not to be members of the administration, or the Police or Fire Departmenta. Seconded by Hr. Sherman. HR. NOlAN said If thiB amendment 1. approved it would automatically aend the whol. matter bsck to the Charter Reviaion Commis.ion.

HR. CONNORS .ald he wished to .Ik a question. He .aid the 1 •• t item of bUBine •• on the agenda tanispt, under "Old BUlineaa" appear. an item entitled uFinal adoption of proposed amendment a to the Stamford Charter Cl ... U1ed Employee. Retirement Fund". He wanted to know if thia i8 A separate propoaal .

THE PRESIDENT said thia ia a separate propos.l.

MR. SCARELLA asked if this is returned to the C~iasion for reviaion, would there still be time enough to act.

THE PRESIDENT said there would still be time to act upon it for submission to the votera.

MR •. BAKER said he would like to know who the present Trusteea of the Pension Fund are.

THE PRESIDENT referred Hr. Baker to Section 146 of the Charter, which state. that the Trustees shall be the Mayor. who shall be ChairMan, the Chairman of the Board of Finance, the President of the Board of Representativea, and two representatives of the Classified Employees' ASlociation. elected biennially.

HR. BAKER said he would like to know whether or not there ha. been any criticism made of the administration by these Trustees.

HR. SCHWARTZ said the motion was not a reflection upon any individual, but that when you are dealing with a multi ~million dollar project that you need people who are experts in this field and 1s not meant aa a derosation of the President or any­one elae. He said it is a highly specialized field and to be dealt with effectively, should have experts administering it.

There ensued considerable debate at this point.

VOTE taken on Hr. Schwartz' amendment. LOST by a vote of 15 in favor and 21 opposed.

THE PRESIDENT called for a vote on Hr. Kane'. motion to approve Proposal No.3, aa previoualy stated.

The following Charter amendment was APPROVED by a vote of 21 in favor, by a ahow of hands and the revisions to the Charter will read as followa:

THE PROPOSED AMENDMENTS TO TIlE STAMFORD CHARTER

POLICE AND FIRE PENSION FUNDS

SEC. 711 . Creation of Police and Fire Pension Funds.

There shall be in Stantord s fund known as the "police pension fund" and a fund known a" the" firemen' 8 penlion fund". All accumulations of the police and fire pension funds, existing under and by virtue of the lawa of this atate or

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otherwise, and all property heretofore deviled or given for the benef!t of dis­abled policemen and firemen or of said fund., and all property heretofore given to or vested in laid departments or sald funda on account of aervices rendered, are ratified and confirmed and tranlterred to and vested In the trulteea of said police or firemen t

• benefit fund herein provided for, to be held; maDaged and dlapoaed of a. hereinafter provided. There . thall further be deposited In luch fund., respectively, 1I0neya derived a. follow8 ; (1) All ·devilel, bequests or gIfts for the benefit of di.abled policemen or firemen and all gIfts to the police department or fire department on account of aervice rendered; (2) all 101t, abandoned, unclaimed or atolen money in charge of the police department or flre department, and all ~neya arlaing from the a.le of loat, abandoned. unclaimed or atolen property in the charge of auch departments, now or at any time hereafter made ~vailable for the purpose by the lavi of thil Itate~ (3) .11 revard., feel, siftl, teatimonial. and emoluments that may be preaented to the police department or fire department, or to any member thereof on account of Ipecial services, except auch aa ahall be allowed by the chief to be retained by a member; (4) t~e income from all property and money belonging to the re- • apective fund.; (5) .11 moneya collected from the members of the police depart­ment or fire department by finee or forfeiturea of pay, and all money deducted or withheld from the pay of members of the police force or fire department on account of 108t time or for breach of the rules of the police department or fire department; (6) suae appropriated from tt.e to tlme to the fund of his department upon the recommendation of the chief, each appropriation to be charged against the department for which it i, made; (7) monthly aaseaamenta at the rate of five per cent on the aalariea of members of reapective depart­ment. in the employ of luch depart.enta aa of June 30, 1964 who are hereby aeaignated aa Croup 1 'IIIelllbera, and aix pet· cent on the aalari.s of members of. the respective departments whQ enter the employ of such departments on or after July 1, 1964 who are hereby designated as Croup 2 ... bera, provided, however, . that the monthly assessment on the •• lariel of Croup 1 membera ahall be at the rate of: two per cent for all periods up to June 30, 1964; three per cent for the period from July 1, 1964 throush June 30, 1965; four per cent for the period from July 1, 1965 through June 3D, 1966i and five per cent thereafter, and further provided that the .al.rie8 of both Groupe 1 and 2 membera ahall be permanently increaaed for each of the annual periods above. July I, 1964, July 1; 1965 and July I, 1966. by an alllOunt equal to the increased annual asaes.ment, such aalary increaaes to be over and above any other wage adjustmenta.

SEC. 712.3. Slz. of Funds.

Stamford Ihall annually appropriate to the police pension fund and to the fire pension fund .uch aum. aa deterained by the Board of Finance and approved by the Board of Representatives on the baaia of an actuarial valuation made by • qualified actuary at the direction of the Board of Finance not more than five years prior to the date of the appropriation, sufficient to:

(a) provide for the penaion credite and other benefits beins accrued currently by the member., after taking into account contributiona made and being made by the members, and contributiona already ~de for thia purpoee by the City, and

(b) provide for the payment of the unfunded accrued liability on behalf of Croup 1 members in annual payment a over a period of fifty years, commencing July I, 1964, in amount. equivalent to the level annual payment certified by the actuery to be sufficient to &Qortize laid unfunded accrued liability over said period of fifty yeara, provided, hovever, that commencins July 1, 1964, the Clty's annual appropr~.tioa

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3731 Minute. of July 1, 1963

for each fund ahall increase by fifty thousand doll.c. each year. until such appropriation ahall attain the level specified under par.­graph. <a> and (b) of this section, but in no event ahall the City'. annual appropriation be Ie •• than the amount sufficient to keep each fund from falling below the amount thereof on April IS, 1949. Theae appropriations ahall be raised in the aame manner .a are other apvro~ prlatlona for the police and fire departments.

SBC. 713. Retirement for Disability.

The Board of Trustees of the poltce penalon fund or the Board of Trustees of the firemena' pension fund may. by a majority vote of itl member_, upon the request of the respective chiefa of the fire and police departmenta, aa a reward for conlpicuously meritorious service, retire from duty any member of the resular police or fire force. or of the veteran reserve. after ten years of service in hil ~epartment whether continuous or not, exclusive of time served aa a super­numerary or special policeman, or a8 a call volunteer or supernumerary fireman, upon certificate of such medical examiner as the Board of Trultees may designate, showing that such member if permanently disabled. physically or mentally. so al to be unfit for any police or fire duty. The Board of Trustees, by a majority vote. may retire any member of the regular or supernumerary police force or member of the regular ar supernumerary fire dep8rtm~nt, who, in the actual per­formance of his duty and without fault or misconduct on his part. shall have become permanently disabled, so as to be incapacitated in the performance of hi. duty. In the case of Croup 1 members, a membe ~ so retired shall be entitled to receive from the proper fund, durins hi. life, unlels removed from the retired list after notice and hearing by a majority vote of the Board of Trustees, an annual sum, payable monthly, as follows:

(a) for permanent disability, which is not the result of the actual perfo~nce of duty. thrity per cent of hia average annual com­pensation in the three yeafs immediately -preceding retirement. plus one-sixtieth of such average annual compensation for each full year of service above eighteen. provided, however, if such member has twenty years of continous service at the time of retirement, exclusive of time served 8A a supernumerary or special policeman, or as a call volunteer or supernumerary fireman, the annual sum shall be equal to one-half of his compensation during his last year of service;

(b) for pe~nent disability incurred in the actual performance of hil duty, two-thirds of his annual compensation on the date he incurred such disability and, in addition. s~all have returned to him all contributions which he shall have made to the pension fund with three per cent interest.

In the case of a Croup I member of the supernumerary police force or fire force, the benefits so payable shall be based on the initial compensation of a patrolman on the regular police force. In the caRe of Group 2 members, a member retired for permanent disability which i& not the result of the actual performance of his duty shall be entitled to receive, under the same condition. as apply to Croup I members. an annual s~, payable monthly, equal to thirty per cent of his average annual compensat ion in the "three years immediately preceding retirement, plus one-sixtieth of such average annual compensation for each full year of service above eighteen. Tn the case of Croup 2 members, a member retired for permanent disability incurred in the actual performance of his duty, shall be entitled to receive. under the Rame conditions as apply to

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Croup 1 members, an annual sum, payable monthly, equal to two-third. of his annual compensatLon on the date he incurred such disability, and, in addition, shall have returned to htm all contribution. which he shall have made to the penlion fund with three per cent interest. The benefit. payable under this section to Group 2 members .hall a180 apply to supernumerary policemen and 8upernumerary firemen appointed on or after July 1, 1964. except that the cam­pen.atLon upon which benefits are baaed ehall be the initial compensation of • patrolman on the regular police force. Whenever either Board of Trustee. shall remove a former member of the polIce or fire department from the retired 118t, the Board ahall make anrl keep on file, a written atatement of the realonl for 8uch removal.

SEC. 714. Retirement on Penaion after Twenty-five Year. Service.

In the caee of Croup 1 membere, either Board of Trulte •• may, of its own voli~ tion, by a majority vote, and ahall, at the requeat of any officer of the pollc. or fire department, or of any member of the regular police or fire force, or the yeteran reaerVe, who Ihall have aerved in the police or fire department . continuouely for a period of twenty~five yeara or more, or call volunteer or _upernumerary fireman, retire auch officer or member to the retired list. Thereafter, luch retired officer or member ahall be entitled to receive, from the fund, during hiB life, an annual aum, payable monthly, equal to the total of (a) one-half of hi. annual pay for hi_ laet year of Bervice, pluB (b) an additional two per cent of hie annual pay at the time of hia retirement for each year oyer and above laid twenty-five yeara of continuous lerviee; pro~ vided, In no eyent ahall any personls penSion hereunder exceed aixty-aix and two-thirda per cent of hi_ salary at the time of retirement.

SEC. 714.2. Retir~ment on Penaion at Sixty-five Yearl of Age.

In the ca_e of Group 1 members, any regular member or officer of the police or fire department upon reaching the age of aixty-five yeara shsll be placed on the retired liat of that department and the Board of Trustees of the proper pension fund ahall direct that, during his life time, a pension be paid to him monthly, equal to one-half of the ealary received by him immediately prior to retirement.

SEC. 714.3. Service Retirement for Group 2 Members.

Any Group 2 regular member or officer of the police or fire department, upon attaining the age of fifty-five yeara, having twenty-five yeara of service in either or both the police or fire department, exclusive of time served a8 a auperr.umerary or epecial policeman or a call volunteer or supernumerary fire­man, .hall, upon hi. applieation, be retired for service. Any Croup 2 member who haa attained the 8ge of sixty~five years ahall be retired forthwith. Upon such retirement the member ahall receive an annual Bum, payable monthly, equal to one-.ixtieth of his average annual compenlation 1n the three yeare ~edia· tel~ preceding retiremant, Multiplied by the numoer of yeara of hia aervice. Such payment. ahall be made through the life of the retired member and shall be continued to hia deaignated beneficiary for a period of five year. from tha date of retirement, in the event the member dies within 8uch five year period.

If • Croup 2 member shall die after retirement, the member's spouse, if the 'pous. is the member'a deaisnated beneficiary under thia Section, or Sectron 714.4 may elect to receive, in' lieu of receiving any benefitl under thia Section or 8ection · 714.4 a penlion, payable monthly, Which, when added to the amount of any aurvivor'. benefit. which .aid .pou.e would be eligible to receive on hi.

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or her behalf alone, under Federal Old Age, Survivor. and Dilability Inlurance .hall produce .• total of $2,000.00 per annum.

SEC. 714.4. Retirement Options for Group 2 Members.

At the t~e of retirement, any Group 2 member may elect to receive hil benefitl in a pension payable throughout I1fe. or he may. on retirement, elect to COD­vert the benefits. otherwitle payable to htm into a pension of the equivalent actuarial value computed on the basia of such mortality tables and intereat rates a8 ahall be adopted by the Board of Trustees, in accordance with one of the optional forma following :

Option 1: A reduced pension, 'payable during the retired member' II life. with the proviaion that after his death it will continue during the life of and be paid to his designated ' beneficiary, if such person survives h~.

Option 2 : A reduced pension, payable during the retiTed member'. llfe, with the provtsion that after his death, an allowance at one-half of the rate 'Of his reduc: ed pension will be con­tinued during the life of and be paid to his designated beneficiary, if auch person survives h~.

Option 3 : A reduced pension, payable. during the retired member', life, with some other benefit payable after his death, provided the benefit is approved by the Board of Trustee ••

No optional selection shall be effective in case a Group 2 member dies within thirty days after retirement and such a member shall be considered an active member at the time of death until the firat payment on account of any benefit becomes normally due, and ahall be entitled to the benefits hereinafter provided in Section 715.1.

SRC. 714.5. Return of Contributions Upon Termination of Employment.

Whenever any member shall terminate his employment or whenever his employment shall be terminated, for reasons other than retirement, all payments made by such member to the fund shall be returned to the member, together with interest at the rate of three per cent.

SEC. 715. Death Penaion After Fifteen Yean Service for Graul' 1 Members.

When any Group I member of the police department or the fire dtpartment ah.ll die, after having served in either of such department. continuously for a period of fifteen years or more, exclusive of time served a. a .upernumerary or special policeman, or call volunteer or supernumerary fireman, or when any Group I member of the police department or the fire department shall die or be permanently in" jured in the actual performance of his duty, the Board of Trustees shall direct an allowance out of this fund, equal to one-half of the yalary of luch deceased policeman or fireman, to be paid to the widow or the dependent children, mother or sister of the deceased policeman or fireman, 8S t.he case may be. The allow­ance shall be paid to the widow until her death or remarriage and thereafter such part of the allowance as the Trustees shall find reasonable, to the children of . such policeman or fireman who are under the age of sixteen years, or, if such policemen or fireman shall die. leaving no widow or children. then Buch Bum Bhall be paid to the mother or sister. provided such mother or sister. prior to his death, depended on him, in whole or in part. for her support, Buch sum to

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be paid .0 long as the Board of Trustees Ahall deem it necessary for her support. The agsregate payment. in any year ahall be no greater than one-half of such 8.1ary. In the ca.e of any Group 1 policeman or fireman who ahall have died while retired or a member of the veteran reserve. the allowance ahall be equal to one-half the pay ",hleh the deceased policnulfl or fireman wae receivLng lalDe" diately prior to being retired or placed upon the veteran reserve. Upon the death of a Group 1 member in active aervlce as a rrsult of an accident 1n the performance of hi. duties a. such employee and not as the reault of his willful negligence. the Board of Trustees ahall grant, In ndditLon to the pension pay­able. the payment of hi_ contributiona, with three per cent interest. to hia designated beneficiary .

SEC. 715.1. Non-Service Connected Death Benefits .

When any Croup 1 merllber shall die, having not served in either the police or f1re department continuous"ly for s period of fifteen years, "'hose death is not the result of an injury in the actual performance of duty. or when any Group 2 member shall die, whose death i6 not the reault of an Injury in the actual per~ formance of duty, or upon the death of a Croup 2 member who ha~ been retired for disability not incurred in the actual performance of duty, but "'ho haa not yet attained the age ot 55 yeara, · there ahall be paid to such person, if living, aa he shall have nominated by written designation, duly executed and filed with the Board of Trustee_, otherwise to the executor or administrstor of the me~er's estate an amount equal to one and one-half times the compensation received by the memb"~ in the la8t year of ~redit.ble 8ervice, and in addition, the con­tributio •. .J made by 8uch member, with three per cent intereat. Sucft member may aleo file, and alter from time to time, during hie lifetime, .a desired, a request with the Board of Trustees directing payment of eaid benefit in one 8um or in equal installments, over a period of years, or aa a life annuity. Upon the death of auch a member, a beneficiary to whom a benefit is payable in one sum may elect to receive the amount payable in equal annual installments over a period of year. or a. a life annuity.

If a Group 2 member had fifteen years of service credit prior to his death, the member's 'pouse, if the spoule il heneficiary for the benefitl payable under the preceding sentence , may elect to receive in lie~ of all said benef1ts a penaion payable monthly, which, when added to the amount of any lurvivor's benefita which laid spouse would be eligible to receive on hi. or her behalf alone, under Federal Old Age, Survivors and Disability Insurance shall produce a total of $2,000 . 00 per annum.

SEC. 715.2. Service Connected Death Benefitl for Group 2 Memberl.

Upon the death of a Group 2 member in active 6ervice .1 a relult of an accident in the performance of his duties 8S such employee and not as the result of his willful negligence, or upon the death of a Group 2 member who has been retired for a disability incurred in the perfo~nce of his duties and not a8 the result of his willful nesligence, a service connected death benefit shall be payable . In' the ca.e of the death of a Group 2 .~er in aervice, evidence must be sub­mitted to the Board of Trustee. proving that the natural and proximate cause of death was an accident arising out of and in the course of employment in some definite tLMe and place . Upon application by or on behalf of the dependenta ,of luch dece.sed member, the Board of Trustees in addition to the payment of hi. contribution., with three per cent interest, shall grant a penaion of one-half of the annual .slary received by him during the year immediately precedino hi, death, or hi' retirement in the cale of • member retired for service connected dis.bility. a. a pension to hi. widow. to continue during her widowhood; or

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I I, if DO widow, or in the ca •• the widow di •• or remarries, before the "ou~8 •• t

chUd of such deceaaed mmber attalna aae eighteen, then to the chUd or children of such .ember under 8g8 eighteen, divided in auch manner .a the Board, in Ita discretion, ahall dete~lne to continue until the youngeat .ur~ viviDS child die. Dr attaina age eighteen. '

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THE PROPOSED AMENDIlENTS TO THE STAMFORD CHARTER

" CLASSIFIED EMPLOYEES RETIREMENT FUND

SEC. 745. Compusition of Fund.

The fund ahall constai of all maniee received from the following aourc •• : (a) all appropriations, alfta or bequests made to the fund fro. publiC or private aourcee, and .11 net income reaulting from the investment of the fund, ~) • contribution by each cla •• ified e~ployee of th~ City of Stamford who 1 •• .embar. until he ahall have completed thirtyathree yeara of aervice, of three per cent of his salary which contribution ahall be collected as deductions froa pay and trana­mitted by the Controller, at the end of each month, to the fund; (c) all compan­aationa for 8ervice8 that remain unclaimed by any clasaified employee for a period of one year after the same shall have become due, but the fund sh"ll return any such amount to the City if the claim to it ~hall be established by the employee or his legal representative; (d) an annual appropriation by the City of Stamford, aa determined by the Board of Finance and approved by the Board of Repreaentatives on the bash of an actuarial aurv.ey made at the direction of the Board of Pinance not ~re than five yeara prior to the date of the appropriation, to be at leaat equal in amount to the sum of the contribution made by members under (b) for the preceding calendar year, (e) auch additional appropriation by the City of Stamford. if any ia necessary, sufficient with the balance of the fund at the end of any calendar year, to make the fund at leaat equal to the a~ of the contributiona previously made by all the then exiating membera who are not then in receipt of benefita from the fund, plua intereat at the rate of two per cent per annum, compounded annually on a~ch contribution,; (f) any tiu. which the Board of Finan~e, vithin ita discretion, causee to be paid in lieu of the contribution of any cla.aified employee who ahall have entered the armed forcea of the United Statei.

SEC. 148. RetiremeDt.

(a) The Trustees may retire, upon recommendation of the Peraonnel Commia,ton. any member who shall have completed ten yearft or more of aervice anu who Ihall have reached the age of leventy, luch retirement to be effective at the end of the filcal year of the City, within which the Trustea. Ihall have taken auch action.

(b) The Truatees Ihall retire any member upon hi. written requelt. who shall have completed fifteen yeara or more of &ervice and who ahall have at­tained the age of sixty-five, Buch retir~ent to be effective one month after receipt of luch written requeat for retirement.

(c) The Truatee. ahall retire any member upon ht. written requeat. who Ihall have c~pleted twenty-five yeara or eare of service. and who ahall havft attained age lixty.

(d) The Trultaes ahall reth'e any member vno .hall have completed fifteell or

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wore years of service if he or the Personnel Commls.1on shall submit evidence IJ8t1afacto ry to the Trustees that he haa become totaUy and pre­sumably pe~3nently disabled from performing any work for the City be­fore becoming eligible for a pension under (a). (b) . or (e). except that such fifteen year. of service requirement ahall be vaived In the caB. of • member who haa not attained age 70 and who shall bec~e incapacitated. either mentally or physically. as a result of personal injuries sustained in an accident occurring in the performance of hi. employment. Total di8.bl11ty shall not be presumed to be pe~nent untLI it haa existed for six ~onth., unle •• caused by an injury the nature of which L8 auch as to cause a disability which the Trustees consider to be obviously permanent. It ahall be the duty of the Trustees to review each auch case at leaBt once a year to determine continuance of total disability.

SEC, 149. Pensions .

(.) Service Retirement . Any member who is retired under the provisions of Section 148 (a) or (b) of this act ahall receive annually from said fllnd, for the remainder of his natural lite, a sum equal to one-seventieth o( the first forty-eight hundred dollars of his average final salary, multi-

~ plied by the number of years of hil servi ce, plus one-fiftieth of hiB average final salary in excess of forty-eight hundred dollars, ~ultiplied by the number of years of his service, provided however, that no more

I ~ than thirty-three yeara of such .ervice shall be so multiplied, If a member ha. had twenty-five ytars of service, in no event shall such pension payment be less than one thousand dollars annually. In the case of a member who is retired under the provisions of Sec. 148 (c) of this

u ' act the pension payment shall be computed as though he had attained the , " age of aixty - five yeau, less fifty-!ive one hundredths of one per cent

for each month by which his age i8 les8 than sixty-five yeara at the date of retirement .

(b) Disability Retirement. Any member who shall be retired on account of dis­ability under Section 148 (d) shall receive a penaion commencing when .uch disability is presumed to be permanent and payable during continuance of such disability, equal to one·half his ave~age final salsry, but, ex­cept in the case of a member who is retired as a result of personal in­Juries sustained in an accident occurring in the performance of his em­ployment, in no event ahall such pension be more than the amount he would have received if he had remained in service until age sixty-five, or Bub· Ject to the foregoing limit Ie's than one thousand dollars annually •

. (e) Service Cau.ed Death. When any member will receive an injury , arising out of and in the course or hi. employment which result. in death within six months of the injury, a pension equal to one-half of his annual salary, and in no event less than one thousand dollars annually, shall be paid to the surviving spo~.e if said spouse is determined by the Trustees to be subltantially dependent upon the deceased employee, un­til his or her death or remarriage, And thereafter such part of the pension as the Tru.tees shall find reasonable shall be paid to the children of such deceased employee who are under the age of eighteen years. Said pension ahall be reduced by the amount of any payment re· ceived by .aid dependentft under the provi,ion. of the workmen', campen· .ation law., or aa the relult of lesal liability of the City on account of aaid injury,

(d) Other Deaths. When a .ember sball die before retirement, 8 refund of con-

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tributiona paId to the fund by .uch employee with intereat at the rate applicable under Section 750 sha1l be made t(. t.i & eatate, Dr to thOlle peraon. detemined by the Tru8teel to be hi b thqll:: hdentl. If lIuch a member had fifteen yean of service credit prior t o 1. 1' .11 d~ath , but had not attained eligibility for .arvlee retirement, lh~ member', apouse, if the apouse 1. beneficiary for the member', accumulated contribution., may elect to receive, in lieu of receiving the member'. accumulated contribu­tion., a penSion, payable monthly, which when added to the amount of apy Survivor', benefits which laid IIpaule would be eligible on hi. or her behalf alone, to receive under Federal Old Age Survivor. and Disability Insurance, shall produce a total of $2,000 per annum. If a member, who is eligible to retire for service in accordance with the provisions of this Section, dies without having actually retir~d. the member's spouse , if the spouse ia beneficiary for the member'. accumulatod contribu-tions, may elect to receive either the above benefit or benefits 8S a joint annuitant under Option 2, calculated aa if the member retired on the date of death, in lieu of receiving the .ember'. accumalated contri­bution •• If such a member·.hall die on or after July 1, 1962 having, because of his length of service, made no contribution., such joint annuitant benefits shall be paid to his spouse as if he had retired on Ju~e 30, 1964 or his date of death, whichever is later. If a member shall die after retirement, and 1f the total of all paymente received by him and his designated beneficiary under this Section shall not be equal to his contributions with interest at the rate applicable under Section 750 to the date of retirement, the e~ceS8 shall be paid to his estate or those person. dete~ined by the Trustees to be his dependents . If a member shsll die sfter retirement, the member'. spouse, if the spouse is the member's designated benefLcLary under subsectLon (c) of thil section, may elect to receive, in lieu of receiving any benefita under said Bubsection (c) a peneLon, payable monthly, which when added to the amount of any survivor's benefits which said spouse would be eligLble to receive on his or her behalf alone, under Federal Old Age , Survivors and DLsability Insurance, shall produce a total of $2,000 per annum.

(e) All pensions payable hereunder shall be pard Ln monthly installmenta, shall be made through the life of the retired member and shall be continued to hiB designated beneficiary for a period of five years from the date of re­tirement in the event the member dies within such five year period, and shall cease with the payment preceding the death of the person entitled to receive the payment. At the time of retirement, any member may elect to receive his benefits in a penSion payable throughout life, or he may. on retirement, elect t o convert the benefit', otherwise payable to him, 1nto a pension of the equt.'1alent actuarial value, computed on the basis of such mortality tablea and interest ra tes 8S shall be adopted by the Board of Trustees, in accordance wit h one of t.he optional fOrlDs following:

Option 1.

A reduced pension, payable during the retired member'a life, with the provision that after hiB death it will continue during th~ life of snd be paid to his de~ i8nated beneficiary, if such person survives him .

Option 2.

A reduced pension, payable during the tatired member' 8 life . with the provision that after his death, an allowance at one-half of the

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rate of hi. reduced pen. ion will be continued during the life of and be paid to hi. de.lanatad beneficiary, If .uch per. on .urvive. him.

Option J .

A reduced penlion. payable during the retired member', life, with 80me other benefit payable after his death, provided the benefit 1. approved by the Board of Trustee • •

Option 4.

An increased penaLon, payable from the date of retirement until the month of attainment of the age of 8ixty-two year. or .ixty-five year. and a reduced penlion thereafter, in the caae of • me~er who retire. prior to the attainment of luch age.

Such optional I.lection .hall be irrevocable when made.

No optional le~ ectlon .hall be effective in c • • e • member die. within thirty day, .fter retirement and luch a member Ihall be considered an active member at the time of death until the firat payment on account of any benetit becomes no~lly due.

. , . (El If any peraon entitled to • penaion hereunder ia entitled to re ­ceive a pen. lon~ or ot her benef l t or payment ariaing from City contributions or taxes paid to another penaion plan, or a8 a result of workman's compensation, the amount of any pension due hereunder shall be reduced accordingly. If any peraon entitled to a penaion­hereunder take. office, position or emplo~nt with the City of Stamford. the amount of any pen. ion benefit. due hereunder within a calendar year .hall be reduced by an amount equal to the compen­sation in exce~a of fifteen hundred dollars received by him in .uch calendar year in luch of~ice, pOlition or employment.

SIC. 150. Refund of Contribtiona upon Termination of Service; Reinstatement.

(.) When a member who hal Ie •• than twenty year. of s~rvice shall Leave the service other than by retirement, or hi. service ia terminated for any cause, he ahall receive a refund of the contributions paid by him with intereat . Such interest shall be at the rate of two per cent per annum through June lO , 1959 and thre~ · per cent per annum through June lO, 1964, compounded annually : The Boarel of Trusteea shall determine frOM year to year thereafter the intereat rate allowed on contribution., which rate shall bear a rea.onable relationship to the interest earnings on the as.ets of the Fund.

(b) If luch a member has twenty or more years of service, he may elect to receive hi. contributions with interest a. provided above. or he may elect a vested benefit in lieu thereof. The amount of the veated benefit shall be dete~ined a. provided in Section 749- (a> and penaLon paymlfnta shall cOCllllence on the first day of the month coinciding with or following htl aixty·· fifth birth­day. Upon the commencement of pension payments, auch member shall be treated 1n all reapects .a a retired member. In the event a member '"ho ha. elected a vel ted benefit 'hill die, hi' contributionl, with interelt, a. prOVided above, 'hall be paid to his delignated beneficiary, 1f living; otherv1ae to his estate.

(c) In the event an employee who has terminated hh employment Beek. to be re.ln­,tatad after fe-employment by the City before he Ihall be elilible to receive

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• the benefit. of the pen,ion plan herein eatabliahed for larvice prior to .aid reinstatement, he .h~ll repay all sums refunded to hlm on hil prior termina­tion of employment, together with interest at the rate of three per cent per annum. No 8uch reinstated employee Bhall be eligible for any benefit heru­under until he 'hall have completed two years of aerviee linee btl lalt reinstatement, except the right to a refund of hi. contributions, with interest, as aet forth in this aection.

THE PROPOSED AHEtlDMENTS TO THE STAMFORD CHARTER

CUSTODIANS AND MECHANICS PENSION PLAN

SIC. 755. Custodians' Retirement Fund - created; Bouree.

There Ihall be a fund to be known 88 the "Custodiana' Retirement Fund" for the bene­fit of .11 full-time custodians and employees of the Maintenance Department of the • public day .chools of the City of Stamford, employed in such position before July I, , 1964, hereby dedgnated 8S "members", which fund shall consist of moneys received from the following sources:

(1) All appropriations, g1fu or bequests made to the fund from public or pri­vate sources, for the purpose for which said retirement fund 1s establilhed. and all net income reaulting from the investment of the fund;

(2) All assessmenta paid by members, each' to pay for the purpose of this fund one hundred dollara in each year up to June 30, i964, three per cent of hi. annual salary in the year from July I, 1964 to June 3D, 1965, four per cent of his annual salary in the year from July I, 1965 to June 30, 1966, and five per cent of his annual salary thereafter, the proportional of such amount to be retained from each salary payment and paid into aaid fund, provided that the salariea of members shall be permanently increased -for the three annual periods ahown above; July I, 1964, July I, 1965 ftnd July I, 1966; in an amount equal to the increased amount retained for this purpose, such aalary increases to be over and above any other wage adjustments.

(3) All compensation for services that may be unclaimed by members for a period of six months after the same shall have become due, and

(4) Any SUMS whLch the City Board of Education may, within ita diacreUon, cause to be paid on behalf of any custodian or employee who ahall have entered the armed forces of the United State~ during the period when thi. country is at war.

Stamford shall annually appropriate to the Custodians' Retirement Fund such funds •• determined by the Board of Finance and approved by the Board of Representative. on the basis of an actuarial valuation made by a qualified actuary at the direction of the Board of Finance not more than five years prior to the date of the appropria­tion, sufficient to:

(s) provide for the penaion credita and other benefits being accrued currently by the members, after taking into account contributions made and beLng made by the members and contributions already made for this purpose by [he City, and

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(b) provide for the p4.)'1ftent cf the unfundt!:d .,crued 1111biUty on behalf of members In annual p8J'1Dents oO/er a period of fifty years, coa:mencing July I, 1964, In amountw equivalent to the level ' a~nual payment certi­fied by the actuary to be Buf!l~ lent to amo~tlze 8~ld unfunded accrued liability over .aid period of fifty year ••

3740

Provided, however, that commun~lng July I, 1964, tne City'y annual appropriation for such fund shall increase by twenty thouRand dollars each year, until 8uch appropriation shall attain the level specifLed under paragraphs <a> and (b) of thi. section, but in no event Rh4!1 the City's Bnnu~l appropriation be lea. than the amount needed, together with .i8e88~ent' paid by covered employee. to meet benefit payment.. The.e appropriation! .hall be r.l~ed in the 8ame manner 88 are other appropriations for public schools.

All full tl~e custodianl 4nd employee6 of the Matntenance Department of the publl~ day school. of the City of Stamford eMployed in su:b p03ition on or after July 1, 1964, shall be member. of the St.miord Cla5sified Employees' Retirement Fund.

SEC. 156. Same Trustees Generally, Municipal Approprtatlon to be part of Mayor' 8 Budget.

The Trusteea of Aaid Cund shall be the Mayor, the Co~.i •• ioner of Finance, the Superintendent of Schoolti t three repre.entatives of the Custodians' and Mechanics' A •• oelation and one represent.tive of the Soard of Education of the municipality of Stamford. No action shall be taken by Raid Trustee., except upon a majority vote of all of Baid Tru8tee~. They shall lerve without compensation, ahall have charge of the general dlrection and mgnasement of said fund, ar.d shall select one or more trust companies or banks authorized to do a trust buaines8 in this stste, to invest the fundH, Cor which 8ervi~e they shill b& authorized to psy the usual fee. Any portion of the said fund may be invef!ted in banda of Stamford or in any securities authorized by the Jaws of the stAte a-a inOlestments for truat funds or may be depoaited in any savins~ hankn or trust companies or atate or notJonal banks in this Rtate, or uoed to purchaRe liCe In~urance or endowment policies or annuity contract. i.8ued by a life In~ur~nce coapany authorized to tran.act busine •• in thb state . Full diacreti'.Jn in Lnveating "he fundi in accordance with the for ... going proviRiona shall be with the trURt company or bank selected by the Trusteea for the purpose of investing the funda. The City .hall furnish such clerical, lesal, actuarial or medical assistAnce ad the Tru~tee. ahall conelder necessary to carry out the purposes of this act, subject to Ruch appropriations .a shall be made in the manner provided for other CIty appropriations and subject to the pro­vision. of Chapter 73 of the Stamford Charter.

SEC. 159. Retirement Generally.

Any member who shall have been continuously In the service of the Board of EducatLon for a period of twenty-five year. may retire. Aleo, any me~.r whose service to the City of St~mford and the Board of EdUCAtion. combined for a total of twenty­five years or more may retire. Any member who shall have reached the age of seventy Ihall be retired at the end of the &:hc~l year within which his seventieth birthday shall occur. the Boar~ of Education ~y likewise retire, at any time during the achool year, any ~ember who, in the Judgment of a qualified phYSiCian, ahall have become , while in the discharge cf the duties of hia employment, mentally or physically inc.pacitated f~r further .ervice.

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SEC. 760. Aaount of Compen •• tion of Pe~.on. Retirins After Twenty-fl~. Years of Service.

Whenever any member ahall have retired Dr ahall have been retired, in accordance with the proviaions of Section 759 of this act, after service of twenty-five year. or more, he ahall receive annually from .aLd retirement fund for the remainder of hi. 11fe, a aum of money to b. computed at the rate of tvo per cent per year of hi. averase annual •• lary for each year of aervice. Said averase annual •• lary ta to be ba.ed on hi. beat five yeara of earnings with the Board of Education. Said Bum ahall not be 1e.8 than one thou_and dollar. annually. and no penalon ahall exceed alxty·alx and two-thirds per cent of hi. average annual .alary.

SEC. 161. Retirement of Persons with Less than Tventy-five years of Service ~ho have Reached Age Sixty.

Any member who ehall have rendered less than twenty-five yeara of service in the public schools of Stamford and who shall hsve ceached hie aixtieth birthday may retire upon a pension pro-rated in accordance with the number of years of service.

SEC. 162. Retirement of Persons who have Reached Age Seventy and Pereons Mentally or Physically Unfit with less Lhan Twenty-five Years of Service.

Any member who shall have rendered less than tweoty-ltve years of service in the public schools of Stamford and who ahall have reached his seventieth birthday shall retire upon a pension pro-rated in accordance ~ith the number of yeara of service, and any member who shall have been retired under Section 1S9 because of mental or phYSical illness, shall receive a pension equal to one-half of his average contract annual salary for the five years immediately preceding his retire­ment, but not less than one thousand dollars annually, but said penslon shall be paid only during the incapacity ~f such member.

SEC. 763. Payment of Benefite or Refund for Persona who die Before Retire~nt or Become Permanently Inlured in Performance of Duties .

In case of death before fifteen years of continuoua service, a refund ahall be made to dependenta of any member to the amount of the assessmenta paid, together with interest, aa paid by the State Teachers! Retirement AssocLation. The word tldependent" as uaed herein, ahall ~an any person related by blood or marriage to the member who shall have been furniahed hi' support by such member . When any full time member shall die after having served continuously (or a period of fifteen yeara or more, or when any member shall die or be pe~nently injured in the actual perfo~ance of hi' duties, the Board of Trustees shall direct that a penlion be paid, equal to one­half of the aalary of such deceased member, to his ~idow or dependent children. The pension ahall be paid to the widow until her death or remarriage, and thereafter such part of the pension, as the Trusteee shall find reasonable, to the children of such member who are under the age of sixteen yeara.

SEC. 164. PaYment of Pension to Widow or Dependent Children Upon Death of Retired Member .

When any retired member shall die. having ser/ed actively a •• member of the custo­dian or mechanics! ataff for fifteen years or more, th~ Board of Trustees shall direct that the pension paid to said deceased member at the time of hia decease ahall be continued to be paid to his widow or dependent children. The pension shall

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be paid to the widow unu l her rle.tth 1) ( u .'!).ji,:r!d;ce. and t ~ere.ft.er lu,:h part of the penaion al the Tru' te~8 '~8 11 find r~.'~nAb l e to tee chl~dren of such custodian or machanic who are under t he .&e o( ~lxteen yeAr!.

SEC. 764.1 . Death DC Member Ahf.r ?1ftu':l Ye '! r5 S&rvi.ce .

When any member f4hall dh, b ninR :tOt serv~d Nntl:\uou.J :' , for a perlod of fHued year. , whOle death 18 n~t t h~ re~u1t Qf sn Inl ury tn the ac tual perforzance of duty. there shall be paid t o f;urh perAO:'l , 1£ l 111 Ln l1 1 ~ s he .shall have nominated by written designation, duly t:xe :.uted and filed with the Board of Trustees, otber· vi8e to the executor or ~dmlnl~c ra to r ~ ! the ~~mbpr'~ e~ t 8 te an amount equal to . one and one-half tlme~ the ~ompenJa t J G n recpi~ed by t~e cembcr in the laat year of creditable aervice. Such member may ~l~o fi l e, and ~ it~r frem time to time during his lifetime, as desired , 4 re~ueFt with t h~ Board of iru8te~s directing payment of said benefit in (.Ine s um or 1n t:'1u .. 1 in.H&li :oent' o'/er " period of years, or aa 8 life annuity. Upon the death c f 3uch memher, a benefi~ iary to whom a benefit La payable in one .WIt. mAy elee t to re:.ei"'~ t he a:nount payable in equal annual in'" atAUment. over It period of Y~1!"P t': .13 ..... Ue ""':luLt.y.

SEC. 765. Refund to Persons ''''~ e 'ier,,1r:at .. Ser-/1ee PrIor t o Retirement .

When a member ahall leave tbe eervLce, e:<eept by retire"1lent , or when hiB servLee shall be terminated for any caus e , the t ') ta l .1lnOunt I'dld in a .. "easmenU, together with the accrued Lntereat, as above dtated, .h~ l l be refunded to hu..

Concerning Proposd So. 10 . - Pnlice and t' l rf" tJrpH·t~ents Prcpood t 4"l Increase S~larieE \Rrjected in report to ~he Bogrd of Repre­c: entytio.el!l from the bth Cl-tolrter Re'/iBion Cammission. d.ted 6/1/63 - Sp.e palJe 5 of report)

HR. SCHWARTZ aaid there were iII~'/rnl ite~ • • rejected by the Charter Revis ion CObld •• Lon. which he would J ike to dbcusa toni@ht. He spoke on the abo'/e proposal and said he would like to refer thiA back to the Co~lf~ion . with a request for the reviaing of iL

MR. SCHWARTZ MOIlED tha: thi &. be amend~d that it bl'! referred back for consideratLon by the Cammie. ion. Se~~nded.

ntE PRESIDENT said a mo::i:ln hoi' bc(.n made and £eco~.:tt'd that itell! #10 on page #5 of the Charter Revision C~~l~uion r('p~r~ br referred b~ck to the Commission . He .sked If there was apy di~cu""ton on the mot len.

KIl. KUCZO .aid he wall very Ili ad t o fiep ttVl t th e. COlmis.dcn ~aw fit to reject th18 prapoaal. He said tnat l years agc a fl l~ilar propc~al va8 sub~itted and accepted by the ComMisaion and fail~ to ~ee . ~ow their attitude CAn have cholnged 80 much In the last few years. »e 6aid ~ ~e pr~pcpal from th~ pollc~ and fir~en i. not a political one. He said that when ~ Co~lttee waft appointed by the Boord of Repre­aentatives to ~tudy this problem ~ome tl~e ag~ , everyone o~ the committee was familiar with the problem~ DC the poli ~e ~nd fire~en and realized that 80methLng .usc ~rdiacely be done to ~prove t. r.eir ' O[ by In~readinl their Balariea 1n order to attract men to thiM fLeld of work .

KIl. KETCHAM "aid about four .n 0 ';0 iC'lT#o .g~ he 1I:t)od an the floor of thLs Board and oppo8ed any Increa5e of the pollce "i.d fire department aalarle6 by referendwa. or thrOUgh the Charter. He ~.td toni~t he i~ rever~L~g hia ·atand of four year. ago

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becau •• he I ••• that the member. of the police and fire department. have not re­ceived justice a. they I •• · it. He .aid In view of the fact that the •• people have not been able to receive the incrementa they believa should have b.en put into exi.t­ence through the normal channel. - through the administration - that thil nov be placed on referendum and go back to the Comml.lion.

THE PRESIDENT: "You have heard Hr. Schwartz' motion that thh be referred back to the ~~18.1on for further .tudy. All thoae In favor of the motion will pIe ••• rahe their handa."

VOTE t.k~n by • show of hand. on Hr. Schwartz' ~tlon. CARRIED by • vote of 22 in favor. (ap~1.u8e) •

Concerning Pr~oo8al No. 11 - To remove Restrictions Oft political actic1ty of members or the Police and Fire Departments. (Rejected in report to the Board of Repres.ntative. from the 6th Charter Revi.ion Commission, dated

- 6/1/63 - See page, 6 of report)

MR. ~CHWARTZ MOVED that the above matter be aent back to the Charter Reviaion Cae­minio,. [or further study.

HR. SCHWARTZ .aid he feels that at the present time, member. of the teachins pro· fe8sion in Stamford are not inhibited or prevented from participating in political activities and can lee no reaaon why members of the police and fire departments, vho have a vital interest 1n the City of Stamford, who are a part of the community and have ob1igationa not only 1n the~r official capacity, but obligationa in the way of civic responsibility of a personal nature and pay taxes in this city. He said he does not see why these people should be disenfranchised and thinks the Commie8ion should give this further consideration and put tbeae people in tbe Bame category as the members of the teaching profession.

Hr. Schwartz' motion vas seconded by Hr. Connors.

HR. MULREED spoke against the motion. He said the Commission had taken this under consideration and could find nowhere where members of police and fire departments participate in political activity. Aha, he said the Commission felt that it would work against the police and fire departments under certain circumstancee and it would not be to their belt interest. to appr~ve this request .

HR . OPPENHEIMER also spoke against the motion.

HR. BAKER said he could aee no basis for diRcrimination in all employee. of the city, and that if political activity was to be allowed to one group, then it .hould be given to all groups.

HR. SCHWARTZ aaid he also believed the 8ame way ~ that there should be no di.crim­ination to anyone in the City of Stamford and he vas alreeable to all employees be given the rilbt to participate in political activity .

MR. BAKER said he oppoles the motion.

VOTE taken on Hr. Schwartz' ~tion. LOST_ with 6 voting in favor of the motion.

Concerning Proposal No.2 - To amr-nd Section 401.2 of Charter rr- tlAppointment 1n the Event of Vacanct' (Rejected in report of Charter Revision CommiRsion, dated 6/ 1/ 63 • See pale 2 of report) (Hote ' Thi! concerns vacancie. in the office of ?ollce or Fire Chief)

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MR. SCHWARTZ aaid he thought thie, a. originally proPoled, referred to ten year. of service within the department. He .aid he would like to have this referred back to the Commi •• ion with thi_ amendment - to widen , the Bcope to anyoQe who ha. sufficient experience either within. or without the police department and SO ~.

HR. SCHWARTZ explained his motion a little further. He .aid the leope should be widened 80 that it (the job) would be open to anyone with the qualifications and experience, whether or not they come from this particular area. He .aid this would enable the city to obtaIn. man with con.ider.ble experience In police work of at le.lt ten yearl.

Hr. Ketcham and Hr. Kuczo seconded the motIon.

MR. SCARELLA aeked a question. He wanted to know if thie Board has the ri,hc to set up the qualification. for the Police and Fire thiele. Jle wanted to knov jult hov this amenc-ent would work.

THE PRESIDENT explained that, i£ approved t it would go back to the Charter Revi.lon Commieeion, who would, in turn. confer with ua.

HR. SCARILLA .aid by doing this by referendua, this loard would be shirkin, their dutlea.

VOTE taken by a .how of handa on Hr. Schwartc' motion. LOST.

Concerning Propoeal No.8 - To require a referendum before expenditure of public fund. on Urban Renewal Protects. (Rejected in report of Charter Revision Commission, dated 6/1/63 - Se. pase 4 of report)

HR. KUCZO MOVED that this be referred back to the Charter Reviaion Commission. He said it wa. hi. belief that the taxpayers have the riahC to decide whether or not lsrge expenditure. of thie sort should be made. He read a Itatement at this time. Seconded.

MR. BAKIR rOle on a point of order. He .aid he would like tu clarify thi.. He aaked if thie means that in order for a matter to be sent back to the Charter Re­vi8ion Commis.ion there has to be a .peclal acendmentl

THE PRESIDENT replied that thi_ is correct. He asked Hr. Kuczo If he h3s an amend­ment to thh itea.

MR. KUCZO said he does not.

TH& PRESIDENT informed him that it cannot bs sent back to the Charter Revision Commission unle.8 there i. a specific a.endment to the orlginal proposal. He declared Mr. Kuczo out of order.

PICNIC COMMITTEE;

HR. RUSSELL reported that a meetina of thia counittee would be held Friday night.

ILD BUSINESS;

Board meeting; publilhed on June 12, 1963 - See pages 3694-3703 of Kinote.)

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3745 Minute. of July 1, 1963

MR. SCHWARTZ HOVED for final adoption of the above proposed Ordinance. Seconded by ' Hr. Ketcham.

THE PRESID!NT called the member. attention to the fact that a vote on the above viII require a tvo-third. vote to pa •• , .s specified under Section 754 of the Charter.

HR. SCHWARTZ laid he would take L.au. with the President' •• tatement for the re.sonl that the Charter can be amended by Ordinanc.e and the p.~'.8e of 811 OrcUnanee require. a limple majority vote. He laid this particular amendment 1. in the fo~ of an Ordinance and vaa approved by the Board for publication .a such at the June Board meeting.

THE PRESIDENT .aid it 1. hi. under. tanding, .a a member of the Board of Trustee. of the Claasified Employees Pension Plan that any amen~ent to the Plan require. a two-thirds vote of this Board In order to pass. He saId he cannot .ee how anyone can get around the provision. of Section 154 of the Charter.

THE PRESID!NT RULED that in accordance with Section 154. it will take a two-thirds vote of the member.. He Baid this i. a legal question and an appeal from the rulina of the Chair cannot change that fact. However, he said a ruling can be obtained from the Corporstion Counsel.

HR. SCHWARTZ appealed from the rulins of the Chair.

THE PRESIDENT explained that Hr. Schwartz i. appealing from hi. ruling that an amendment to the Clas8ified ~pl07ee8 Retirement Plan require. a two-thirds vote of this body to pass. He read Section 154 of the Charter at this time, which per­tains to the question before the Board .

HR. SCHWARTZ said the Charter also provides where there La an Ordinance, it f .•

adopted by a simple majority vote.

HR. BAKER r08e on 8 point of information. He Raid he would like to ask the Presi­dent a quest ion - where in the statute. does it state that there 18 a .pecific provision where this may have aome ap?lication1

HR. SCHWARTZ explained further. He said that when this was orilloal1y proposed and brought b_fole this Board. it was presented a8 an Ordinance and the Charter la very ,-lear that f.n Ordinance 11 alway. passed by a simple majority vote.

HR. NOLAN saLd MS long 8S the provision in the Charter as spelled out under Section 154 provides for amendments to the Clas . ified Employees Retirement Plan to be ap­proved by this Board by a two- thirds vote, why s hould anyone interpret it any other w8y1

THE PRESIDENT called for a VOTE on Hr. Schwartz' appeal from the rulins of the Chaire LOST .

THE PRESIDENT eked if there waf any di.cussion on the Ordinance.

HR. SCHWARTZ said there haa been lome talk that the MEA proposal would co.t the Cit1 some $11.000.000. 00 and the Commissioner of Finance has so indicated . However. he said the Commissioner of Finance bas a180 indicated thst this is based upon a period of fifty years for this to happen. He laid, tskins that figure a8 a ba.i., the cost to the City would be $220,000.00 per year for fifty yura. However. he said further in this report, it was indicated that this one propo8al - not all of them tOlether.

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which con.tituted the $11,000,000.00 figure, and would only co.t the: elty $3,250,000.00 for fifty years, or $65,500.00 per year.

He .aid, according to the Siegel Report (actuarial study) which wa. presented at a conllderable expena~ to the City, it vas atated t hat the Plan would COlt the City approxlcately $50,000 . 00 and by Hr. GluB.' own figures, it 1. $15,500.00 more .

HR . SCHWARTZ Baid thi. Board hal just initiated the increase to the Mayor', 8.lary to $20,000.00 a ye~r by action taken tonight. He said the Hunicipal Employee. are en­titled to be given 80me coni.deratLon on tbeir 8urvivor.hip benefit • •

He Baid this amendment was presented at the l88t Board meeting, 80 that It could be printed in the newapaper to giv. everyone a chance to atudy it - that it w.a preaented in the form of an Ordinance, 10 aa not to act haatily. He laid he doel not think th i l ia precipitoua action, but in fact va. a alowing down of the cntire momentum, and said he doe. not think it ia fair to lump all of the pension plana into one pack­aSe deal and uae acare tactica in order to get thi. Board to do or not to do any particular action.

HR. SCHWARTZ spoke at considerable length and urged approval of this request. .

HR. NOLAN said he was • Trultee of the Penaion Plan during the time he waa President of the Board and feels that t his should ~e a aeparate plan and not tied in with Social Security. He said they are in favor of the Classified Employees getting larger benefLta and that ia why thil waa put back in Committee last time and that they are in favor of their penlion plan being brought up to anuff . However, he aaid it ia wrong tonight to pas. this Ordinance.

H~ said this Board, according to the Charter. can change this particular Penaion Plan at any tlme - but that the one which goea on the ballot to be voted upon by referen­dum, give. them a better penSion plar,. He said it is wrong to adopt this Ordinance tonight, when "\le don't know what this entaUs - we hav~ experta who tell us one thing, and we have so-called 'experts' who lay another thing. We're not aure jU8t how much thia ia going to coat and I have talked to a lot of people in the Clas,ified Employees - this isn't what they are worried about· theae specific aurvivor~hip benefits that will cost the city so much - where an uncle, a glrl friend, 0 couain, who will get theBe survivorship benefita. We're not talking about poor widows -we're talking about a good proposal. I thought thia propoaal vas acceptable to their attorney - I thought it was a good proposal. u (referring to the Charter pro­posal No. J adopted earlier)

HR. NOLAN said if the Propoaal '3 goes to referendum and is not adopted, this Board can alwaya renedy the situation - tlthey can vote to change the Cla.aified Employee,l Pension Act at any given time." He urged defeat of the Ordinance, and said if the voters fail to approve a better penai~n plan for the Cla.aifLed Imployees, then there will atill be tim. enough for the Board of Representative. to act and change the Pension Plan.

KIl. CONNORS 'aid he wanted to a,k Hr. Nolan a question. He said: tlAre you under the impreasion under the survivorahip clauae that a widow can remarry and still receive • penlion?"

HR. NOLAN replied tlThatla.y under. tanding."

HR. CONNORS saLd he thinks he ia mi. taken - that there are very fev pen, ion plans that way - that they do take care of children up to the age of 18 and the widow" 1f they re-.. rry, 10 •• thelr pen.lon.

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3747 Kinut •• of July I, 1963

• . HI. NOLAN .atd he 1. vary coufu.ad about tbil • that ha can ••• no r.a'OD vhy thil

ha. to be p •••• d - that it wa. the vrong thing to do to taka it out of Committe. and fail. to I.a that Hr. SchvartE haa done anything eKcept to attack the Commi •• loner of Finance' report. Ha laid vby not wait until we find out what thia ia golng to cOlt, ' and fall. to ••• vhy one ,or two month, 1. goinS to make thia much differenca.

HR. MORRIS .aid that after he.rins the dilcu •• lon on what it would COlt tbe t.xp.yer~ to increal. the Mayor' ••• lary, he cannot . aee that it would COlt very much to aive the Ct ••• ified !aploya.a I better p.~llon plan.

MR. KlTCHAM ,aid tonight thia Board, within fifteen .taut •• , apent $97,844.41 under the Fileal Committee report, none of which had been an anticipated expenditure in the budget for the new fiscal year and came up under amergency appropriatione. He eaid, a. far as he can d1ecover. the Uexperts" are not expert. wher. they ere deaUng with thia particular propoaition before this Board, and excluding the extraDeoua items.

He aaid the membera of thia Board auet all reallze that the municipal employ ••• do not receive tremendou. aalariea and aleo that the City of Stamford ia one of the higheat coat of living area. in the country. He aaid everyone worrie. about what will happen to thoae who .urviv. thea. and tbi. Board ahould undertake to do what they can to help theae employeea and perhapa atrive to make aavinga in other are.a wbere human needa are not ao evident.

MR. SCARELLA apoke in favor of the Ordinance. He aaid experts can always throw monkey wrenches into the worka year in and year out and it ia about tiae thia Board faced up to it, reaponaibilities to the City employees. He .aid a8 be louka over thia plan he notea that after 20 years they hav~ vested rishts, but in other pension plana they have veated right. after ten or fifteen yeara. He said this is Dot the kind of plan that ia going to bankrupt the City and it i. not aaking too .uch for a peraon who works for this city to aak that hi. aurvivora be taken care of. He aaid the prophets of doom Mre making too big an is.ue out of this and if they don't know what it's all about by this time, they never will.

MR. OPPENHEIMER said after liltenina to all the discussion about the penaion plan. many people, lawyera among them, after having read it, atill do not understand it. He ursrd more time to study the plan with perhapa referral back to committee.

THE PRESIDENT informed the member. it would ta~e a vote of 26 to carry.

MR. SCAR!LLA aaid if anyvne 1& asainat th1e Plan to pIt· ••• atand up and atate in just what area they disagree .

THe PRESIDENT ruled Hr. Scarella out of order.

A ROLL CALL VOTE was requeated by •• veral members. The Pr.sident .aid thie would have to be reque.ted by at leaat 8 member.. HOre than 8 .embers aignified they wanted a roll call vote to be taken.

THE CLERK called the roll. The motion wa. LOST by a vote of 20 in favor and 19 opposed al followa '

THOSE VOTINC IN FAVOR: THOSE VOTINC IN OPPOSITION:

Fred Bloh Vincent Capori~zo HUda Clarke CeorSe Connora

Pauy Arruzza Eleanor Auatin Jack Baer Daniel Baker

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THOSE VOTING IN rAVOI: rHOSE VOTING IN OPPOSITION:

Edward Dombrolld. Anthony Esposito William Hea ring Stephen Kelly Alan Ketcham Paul Kuczo France. LUIl.nclahl Carmine Longo Thomas Harrh RIchard O'Nelll Randolph Rogen Gerald Rybnlck Patrick Scarella Ronald Schwartz Hichael Sherman Anthony Truslt.

Samuel Cushing Melvin Grove A~ndo Gurli.eel John Kane Stanley Kulowiec Richmond Head Char Ie. Rodin Jame. Hul reed W! 111a .. Murphy John Nolan DavId Oppenheimer George RUI.ell Allen Shanen Paul Shapero Cheater Wel.jtYI

NEW BUSINESS:

Police Protection at Cummins_ Park Near Reat Rooms :

HR. KELLY •• ked that the Secretary be instructed to communicate with Hr. Edward Connell , Superintendent of Parka, requelting that. police offlcer be atatloned within a 250 foot rediu. of the Ladle. and Kena' Reat Room. near the tenni. court. at Cumming' Park during the 4th of July.

Concernins Secret Ballot. :

MR. SCHWARTZ .aid he doe. not wi.h to eaberra •• any Board member, but in view of th_ recent .tatement by Judge C~ley regardipg the .eriou. and flagrant violation. of the .ecrecy of ",ecret ballot." he would like Lo make it a petlll8nent part of the minute. of thi. Board the memorandum of deci.ion i •• ued by Judae Comley.

Several m~er. objected to the reading of thi. blcaule of the laten ••• of the hour.

Concerning a place for member. of the City Fire Department to practice with Fire Hole.

HR. CUSHING brouaht up the above .. teer and .aid thi. va. a .erioul .. tter, A. the ~ber. of the Fire Department have no plac. in which to practice fire fight ina with fir. ho.e. and urged that .om.thina be done about it.

The above .. tter WI' referred to the Steering Co.mittee.

ADJOURNHIlNT :

There being no further bUline.' to come before the Board, on motion duly .econded and CARIllO, the meeting va. adjourned at 11:35 P.K.

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APPROVED:

~v.:4--Paul D. Shaparo, Pre.idenl

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