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April 2, 1956 1149

The r~gu1ar meeting ot the B~d o! Repreaentativea ot the City ot Stamforti, Conn., was held on Monday, April 2, 1956, 1n the Cafeteria of the Walter Dolan Jr. Il1gh S(..lool, Toms Road, Olenbrook. The meet­ing waa cal~ed to order by the Pres1dent, Mr. George V. Connors, at 8:20 P.M.

Dr/OCATION was given by Rev. William Sohmidt, Pastor ot the Bible Protestant Church, Maple Av~nue.

In the absence or the Clerk, John C. Macrides, it was moved, soconded and CARRIED that ~~s. Dorls Zuckert be appointed the Temporary Clerk.

ROLL CALL was taken by the Temporary Clerk. There were 34 present and 6 absent. The abBent melnbors were: Mary Bankowski, Joaeph M~ lano, Clirfe~d Waterbury, Jehn Macrldes, Thomas Killeen, Alanson'redericks and Johri L1ll1endahl. Mrs. Bankowski arrived at 9130 P.M., changing tile roll call to 35 present and 5 abllent.

ACCEPTANCE OP MINUT.&~ - Meetlng of March 5, 1956.

MR. HUIZINGA called attention to page 1107, sccond l1ne under remarks made by hjm. The work "in1tlal" should be changed to "initiate".

MR. KAMINSKI called attent :' :JII to page 1108, ~ottom ot page, remarks made by hjm. The. words "J:~bl1c hearing" should be changed to read "referendum" •

MR. RHOADES MOVED for acceptance ot the Minutes ot March 5, 1956. Seconded by Mr. Pindlay and CARRmD unan1lllously.

R!SIGNATlON: Thomas M. Killeen, 12th Dlstrlet Representative.

MR. CONNORS read the follot/1ng letter of reUsnatior. trom Mr. !till.en:

267 Soundv1ew Avenue Stamtord, Conn.

Hon. Thomas Quigley City Hall Stamford, Conn.

Dear Mayor Quigley:

March 17, 1956

I submit to you herewith my res1gnation from the Stamford Board of Rcpresentatives as district Representative trom the l~th voting diatrict, ettee_lve 1mmcdiately.

Th1s resignation action haa boen arrived at after long and carefu! conSideration both trom a personal viewpoint and c1v1c obligatlon. I sincerely hope that my desire to do 80 will be accepted.

Purther, I should like to state at this time that at . 80me time 1n the futu~e I will be able to assume once again a small part 1n the proSrBaa1ve development of the City of Stamford •

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1150 Apr1l 2, 1956

Sinoere1,.,

THOMl.5 M. KILIEEN

MR. GEORGOULIS MOVED the acceptance of the resignation. Seconded b,. Mr. MU1'phy. . ' . , " ' . t. , ..

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MR. RHOADES MOVED that this resignation be acoepted with regret. Seoonded by Mr. Topping.

MR. KELLY spoke in reference to this resignation. He said: "having served on the Board of Representatives for the two terms I have served as a ' colleague of Thomas Killeen, I, for one, as well as the voters who elected him, will miss his wise oounsel and his great "otivity for the greatest ccod of all whom h~ served, and until a person i8 appoint­ed to take his place, the 12th District people will sorely min him an~ the Board should go on record as extending a vote of thanks to Mr. Killeen for his splendid scrvice to ~tJe Cit,. of Stamford, as a member of tho Eoard of RePl'cselltat ives • "

Mr.. KELLY MOVED that the Board of Representatives send a lctter to Mr. Killeen cxpressing their reGret at losing h1m as a fell~w member of the Board, with a vote of thanks for hie pest services. Seconded by Mr. Rhoaeles nnd CARRIED llnanimousl,..

MR. KELLY then read tho qualifications for Mr. Gerald Rybnick, 907 Cove Roael, Dem~crat, as a replacement for Mr. Killeen, for the duration of the present term of office, which expires November 30, 1957 and MOVED for the approval of the appointment of Mr. Rybnick. Seconded by Mr. Georgoulis. Mr. Longo MOVED the nominations be closed. , Seconded by seversl and CARRIED unsn1mousl,..

MR. HANRAHAN, Corporation Counsel, who was present, gave Mr. Rybnick the oath of off1ce and he assumed his plaee as a member of tho Board of Representat1ves.

Mr. George V. Connors, as Acting Mayor, also gave the oath of of rice to Mr. nAYMOND ARNOW, as a member of the Sewer CommiSSion, term to ex­pire December 1, 1957.

REPORTS OF COMMITTEES

Steering Committee:

Mr. Connors, Chairman, read the following report:

STEERING COMMITTEE REPORT Meeting of March 27, 1956

The Steering Committee of the Board ' of Representatives met in the Mayor's office, City Hall, at 8:12 P.M. The following,members were present: George V. Connors, Chatrman, John C. Macrides, George E. Georgoulio,' Joseph Milano, Stephen Kelly, Clement Raiteri, Norton Rhoades, Joseph Iacovo, Rutherford Huizinga, Helen Peatt and Vincent Vitti. The absent members were: Alanson Frederioks (on a business trip to the west ooast), WilliBm Kaminski, Robert Lew1B and Irving Snyder.

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April 2, 1956 1151

The followotng resolut.on ~as introduced by Mr. R. O. Huizinga, Represental;ive from the 20th District, nnd he moved it.!! adoption. Seconded alld (,JlRRIBD unanimously.

TO THE BOARD OF REPRESENTATIVES OF THE CITY OF STAMFORD, CONNECTICUT

w}:EREAS, April 19, 1956 hal been designated as one of the daya for making voters, and,

WHEREAS, tho Republican Pr1mory will be held on th1s same day, namely l.prll l~, 1956,

BE IT THEREFORE RESOLVED, that April IB, 1956 or some other day r.onvenient to ~he Regia­trnrs of voters. be lt hereby ls des1g­nAted as tho dey for Dnking votere, in lieu Dr ,1.prll 19, 1956.

The following communications were read:

( 1)

(2)

Pet1tion for acceptonce of Rosearch Drive, Glenbrook, fr~ the Glenbrook Sand 6: Gravel Company, as a city street. Referred to Plann:\.r!g 6: Zoning Committee.

Lettor dat~d March ~~, 1956 from Mr. Alan H. Xetcham, 18th Diatric t Representative, enclosinG petition °far acceptance of CLAY HILL RO:.D as a city street. neferred to PlanninG a: Zon1ng Committee.

(3) letter dated March 19, 1956 trom Hr. Xetcham, enclosing pet1tion for acceptanco of ARDEN LANE aa a city street. Referred to Plan­ninG 6: Zoninl; Commlttee.

(4) Letter dated Mnrch 19. 1956 from Mr. Ketcham, oncloslnG petition rcquesting change of street name from WOFSEY ROAD to ALPIN! STREET. R~forred to Legislative 6: Rules Commlttee to have Ordinance pro­pared.

Mr. Kelly MOVED and it was seconded and CARRIED that the Committee on Educat10n be aSSiGned Public Welfare mattera and that this Committee's name therefcre be chancel! to the EDUCATION a: WEIPARE COMMITTEE.

(5)

(6)

Letter datcd March 6, 1956 from Mayor Quigley, roqucsting sn sxpress10n of op1nion from the Board in support of Bl11 8.3272 sponsored by Senator Bush, entitled "To inerel!.se and make certain revisions 1n the ceneral authorizatlon for small flood control pro­Jects in the Flood Control Act of 1948". Referrt:d to Lee;islatlve & Rules Committee. °

Cn.oon copy of ° letter dated March 17, 1956 from Thomas M. Killeen, Representative from 12th District, addressed to Mayor QUigley, re­SiGninG as a member of thc Board of Reprcsentatives. Ordered placed on Agendn for April ~nd moeting.

(7) Carbon copy of letter dated March 12, 1956 from the Corporation Counsel to the Prosecutlng Attorney in regard to warning notice sent by Mr. Swinnerton to crystal take Building Corp. on Hov. 30,

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1152 Apr1l 2, 1956

(8)

(10)

1955 which was iGnor •. l.. Because the nature of this letter would be ~f interest to all members of the Board, Mr. Connors was di­rectild to rend it at the Board meetinG.

Carbcn copy of letter dated Pob. 28, 1956, from Corporation Counsel to Mayor Quicley re Quit Cl!l~ Deed to parcel of land in Lnddin's Rock Section, deedinG certain property to the city, with an offer of a $2,500 donation for the purchcse of picnic tcbleo and benches, previously ~ccepted by the Board. Mr. Connors was directed to read this letter at the Beard meetinG'

Carbon copy of letter dated March 8, 1956 from Mayor QuiGley to the Stamford Community Council regardinG the recommendations of the ir Hous inc Committee and ot'ferinc; a counter recommendat ion that an appropriate committee of' the Board of Representatives meet with representatives of the BuildinG Dep~rtmont, Health Department, City Housing Authority, and Urban RedeveloPmeqt Commission in order to coordinate their activities with the goals outlined in the survey. Piled.

Carbon Copy of letter dated Peb. 24, 1956, from Corporation Counael to Commissioner of Finance, enclOSing check for $1,300 from the State in payment for .09 acres, as shown on map on file in Town Clerk's office entitled: "Town of Stamford, map showing land acquired from Towr and City ot Stamford by the State ot Conn­ect icut, Greellwich-ltl3'ling1y Express Wa:r". Ordered fUed.

(11) Carbon copy of letter dated Mareh 8, 1956 from the Newfield Parent Teachers Association, objecting tO lthe Mayor'e recent action in denying a request for the purchase of certain property for a school site. Ordered filed.

(12)

(13)

(14)

Carbon copy of letter dated Feb. 28, 1956 from U. S. Armr Corps of Engineers to Mayor Qul~ley in regard to problem encountered by an obstruction of sewer line orossing Rippowam River at the Richmond Hill Avenue Bridge, reeommending its ~ediate removal. Ordered filed.

Letter to President of Board trom American Red cross, dated March 12, 1956, expressing appreciation for hie attendance at the blood ' donation meeting.

Carbon copy of letter dated Maroh l~, 1956 to the Stamford Plan-' ning Board from the NeWfield Parent Teachers Association regarding their request for purchase of property for sohool site. Ordered f1led.

The meeting adjourned at 10110 P.M.

Fiscal Committee:

Respectfully submitted,

George V. Connors, Chairman Steering Committee

Mr. ltaminskl, Chairman, presented the foilowing reportl 17., ; !

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Apr1l 2. 1956

REPOR'!' OF FL'>CAL COMMITl'EE BOARD OF REPRESENTATIVES

S+,8lI' "';:,rd, Conn.

March 12, 1956

1153

Th~ Fiscal Committee of the Board of Representativea held a meeting in the Mayor's off1ce on MO~day, March 12th, 1956 at -BIOO P.M.

Members present were: Mrs. Doris Zuckert, Messrs. Charles Bradbury, Edward Wynn and Rutherford Hu1zinga.

Also present was Mr. Haggerty of the Reg1strar's Off1ce.

All items approved by the Board of Finance at the1r March 2nd meeting w~re considered, along with other deferred items.

(1) Letter of February 28. 1956, Registrars of Volers - $14,480.00

A request for funds to cover ooat or City Comm1ttee and Delegate primaries.

Code #100.53 $14,4BO.00

We approve the amount of $3,620.00 at our March 5th meeting, leaving a balance of !10,860.00. The lis cal Comm1ttee is unani­mous in recommending that we approve the balan~e of $10,B60.00

(2) Letter of February 24. 1956, Deputy Assessor· $100.00 Code 571.15

The Flscal Co~~ittee was unanimous in reoommending the approval or $100.00 for this item, Code 571.15, Electricity & Bulbs.

(3) Letter of February 23. 1956. Chief of Police - 48,600.00 Code 430.1

Covering paYL'oll of speclal pol1cemr.n used ·in emergency flood work. Th1s item was reduced to $5,000.00 by the Board of F1nanoo.

The Flsca1 Committee was unanimous in recommending approval of $5,000.00

(4) Letter of February B, 1956, Penslon for Francis T. Tobin, Police Dept.

The Fiscal Committee waa unanimous in recommending tha approval of pens10n for Patrolman FRANCIS T. TOBIN, beginning February 15, 1956, 4t mont-he, in the amount of $B45.33 basad on an annual ~enslon of $2,254.20 or 5~ of his present annual oa1ary of ,4,335.00. .

(5) Letter of February B, 1956, Peneion for Lt. Ralph B. Knapp, Police Dept.

The Fiacal COIIIItittee Wall unanimOus in recommending the approval of penSion for Police Lt. RALPH E. KNAPP, beg1nning March 1, 1956, 4 months, in the amount of $974.70, based on an annual pension ot $2,924.10 er 54~ of h1s present annual .alary.

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1154 April ?, 1956

(6) Letter of January 31..1956, City Court· $375.00

Code 823.10 Small CJ.alms Court ••••••• , •••••••• $250.00 Code 803.3 Stationery & Supplies .............. 12~ .00

$lt .00

The Fiscal Committee wall unanimous in recommending that the amount of $375.00 be a~proved.

. (7) Letter of March 2, 1956, Board of Selectmen . $200.00, Code 130.4

The Fi3cal Committ~e wae unanimous in recommcn1ing the approval of $~OO.OO for Code #130.4, Advertising II< Printing.

(8) Letter of February 23, 1956 - Claosif1ed Employees' Re~1rement Fund EValuation· $2,400.00

T,1e Fiocal Committee deferred the item of $2,400.00 requested for survey of Employees' Retirement Fund pending further information from Mr. Morrisoey.

Respectfully submitted,

Wlll1l1D1 C. ltaminski, Chairman Fiscal Committ~e Board of Repre~entatives

(1) Registrars of Voters ~ $10,860. Code 100.53 (Cost of primaries)

MR. KAMINSKI MOVED for approval of this item, representing balance remaining, partially approved in amount of $3,620 at Mareh 5, 19,56 meeting. Seconded by Mr, Oeorgoul1s. (See Mayor's letter W28/56) CARRIED unanimously.

(2) De ut Assessor­Mayor'S letter 2 2

Electricity & Bulbs) (See

MR. KAMINSKI MOVED for approval of this request. Seconded by Mr. Longo and CARRIED unan1mouoly.

(3) Chief of Police ~ 000 ~ Code 4 0.1 coverl~ patr0ll of sRiclal po lcem~n used emergency 00 wor ~ S~e yor I letter 23756

MR. KAMINSKI MOVED for approval of this request. Seoonded by Mr. Longo.

MR. IEWLS I "In view of the fact that the Steering Committee neglected to refer this to one other Committee, I think we should postpone bot1on at this time."

Mr. Kaminsl:i elCplained the reaool1s why this money was needed, beceuse of 24 hour duty needed on aocount of emergency flood patrol work, and MOVED for suopension of the ruleD in order to bring this up. Seconded by Mr. Rhoades and CARRIED unanimously.

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I·ll. iUl!·in!SKI l·iOWD Cor ap~l' ov:ll of th1s roqu~st. Seconded by Mr. Lewis and CARRIED unan1mously.

(4) Pens1on~ Fr.anc1a T. Tobin. Po11ce .Department. (See Mayor'a letter ,,78756)

MR. KAMINSKI MOVED for approval of penSion of $B45.33 for 4; months, beginning 2/15/56, baaed on 5~ of annual salary. or annual pension of $2,254.20. Seconded by Mr. Iacovo and ' CARRIED unan1mou:lly.

(5j Pension~ Lt. Ralph E. Knapp. Police Depart.nent (See .Mayor 'a let ter 78/56) .

, MR. KAMINSKI MOVED for approval of pension of $974.10 for 4 months, beginning 3/1/56 and baaed on annual pension of $2,924.10 or 54~ of annual .salary. Seconded by Mr. Kel~ and CARRIED unani­mouDly.

(6) City Court - $375 (Mayor'S letter 1/31/~6)

MR. KAMINSKI MOVE;) for approval of the following:

Code B23.l0 Code B03.3

- Small Cla~8 Ccurt ••••••••••••• $250.00 S.at10nery & SuppJias •••••••••• 12~.OO

$37 .60

Sec.,nded by Mr. Kelly and Carried unan1mously;

MR. SIIYDER: "As a point of information: Is there anyth1,ng in the by­laws which mak~s it mandatory for the members to rise2"

MR. KAMINSKI: "it is in the rules on appropriat1ons - you have to stand when voting on appropriat1ons. I would suggest that we look 1nto this before our next meeting."

(7) Board of Selectmen - $200 - Code 130.4 (Advertising & Printing)

(Mayor'S letter 3/2/56)

MR. KAMINSKI MOVED for approval of th1a request. Seconded by Mr. Kelly and CARRIED unan1mously.

(B) Class1f1ed Employee's Retirement Fund Evaluation - $2,400 (See ' Mayor's letter 2723/56)

Mr. Kaminsk! sald the F1scal Comm1ttee had deferred th1s reQu9st, until they rece1ve further information.

Legisla+1vc & Rules Committee I

MR. RAlTERI, ~ha1rman, presented the following report of his Comm­ittee:

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Report of Legislative & Rules Committee Meeting of Maroh 29, 1956

The regular monthly meeting or the Iegi8llltive & Rules Committee was held Thursday evening, March 29, in the Board or Representa-

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1156 April 2, 1956

t1vcs' Off1ce, C1ty Hall.

The meet1ng was called to ordcr at 6:30 P.M. by Acting Chairman N~lan. Also present wore Messrs. Russoll and Baker. Absent were Messrs Ra1teri, ~lo'kin and Mclaughlin.

The following action was takenI"

1. Unanimously voted to report out tor adoption the propoSed Ordinance re Consu~ption ot Llquor on Municipally owned Property, as amended and passed tor publication at the Marcil meet1n~ ot the Board of Representatives.

2. Unanimously voted to report out far appropriatc action tho proposed Ordinance Regulating Width of Streets, as passed tor publication' at the '·Iarch meeting of the Board of Represcntativcs, with a reminder to the Board that the proposed Ord1nance duplicates the provisions ot State Statute #2141.

Tho Committee feels that rather than enact duplicate controls, thc Board of Heprcsontatives may consider it to bo equally eff~ctive to call upon the propel' c1ty officials to demand compliance with the existing Statute.

3. The Committee reC:'lests that the proposed chango 1n namc of Wofscy Road to A'pin~ Street be r~ferred back to the legis­lative & Rules Comm1ttec and, also rcferr~d to thc Planning ar.d Zoning Committeo to permit furthor study of correct pro.: ceduro 1n v1ew of the tact that Wofsey Road is not an accep­ted c1ty street. It 1s the fceling of the Comm1ttee that the chsngc of name might botter be effeoted at thc time the utreet 1s presented for acceptance.

4. The Committee unanimously voted to recommend that a letter be transmitted to the U. S. Senators trom Conncctiout, ex­preSSing the Bo~rd's strong endorsement ot pending Senate Bill S. 3272 entitled: "A Bill to increase and make oertain revisions in the general p.uthorizations tor small flood control proJects in the Plood Control Act of 1946". A copy Of the proposed B1ll is attached hereto as Attachmont No.1.

5. The Committee unanimously voted to recomrond passage for publication of a proposed "Ordinance to Provide for the Impounding and Sale or Other Disposition Of Personal Property Lett on tho Streets and Publio Placcs in the Cit7 of Stamford". A copy ot the proposed ordinance is attached hereto as Attachment No.2.

6. The Committee unanimously voted to recommen~ favorable act::.on, under suspension of rules, on a proJKIsed "Ordinsnne rtelat~ng to the Keeping or Harboring ot Dogs", a copy of w~1ch is attached hereto as Attachment No.3. The Board may wish to consider waiving publication, in view of the serious condition Qxisting with respect to thiY matter and and the seaBon involved. The commit~ee also recommends that, upon passage, a letter be lent by the Board to the Chiet of

t 7·~,(, Police and to the Dog Warden, requesting prompt and t1rnt

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enforcement.

The meet log adjourned at 10100 P.M.

Approved: John Nolan, Actlng Ch:l1rman

Respectfully submitted,

E. B. Baker, Clerk

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1151

MR. RArrERI MOVED fo~ approval of the following Ordlnance, expla10ing it had been published, having been approved for publication at the r~arch 5th meeting. Seconded by Mr. Topping"

ORDINANCE NO. 50

ORDiNANCE REOARDDIG CONSUMPTION OF LIQUOR ON MUIIlOll'ALLY OIiNED PROPERTY

BE I~ ORDAINED BY THE CITY OF STAMFORD THAT no intoxicating liquor, except beur, shall be aold and/or consumed on any municipal owned property, nor shall any suoh liquor bo ~erved or caused to be served 10 combination with any othcr liqu!.d or liquids on municipally owned propeI'ty. An -xcepUon may bo granted by the Board of Rcpresentatives

MR. IACOVO: "In the second sentence, would this not cauae some conflict with the State liquor law?"" He asked for a rul10g from Mr. Hanraha!1, notlng that he was present at the meetlng, and SO MOVED. Seconded by Mra. Zuckert. .

MR. HANRAHAN: "You cannot add to the pOlfer3 under the permit. All to those locations where no permit exillta, you might give permiBllion to have liquor served either under a ,temporary permit or, 10 the event no sale is contemplated, no stai;e permit would be necessary."

!'lI. FINDIAY: "Could you bring 10 your own bottle?"

ANSWER: "No."

MR. FINDLII.YI "Even though it is not for Bale?"

ANSWER: "N o. "

MR. NOLAN: "This might stop tho consuming of liquor by a family en a picni'!, becauae, wouldn't they be violatlng the lIn!?"

MR. TOPPING: "I would say that they would bo violatlng thia particular Ord lnon .. o • "

MR. NOLAN Bpokll .at BOUIe ldngth on this matter. He said I "if th~, is the case, I for one, will have to vote 10 objection to this Ordinan~e. If you are golng to try and stop people that . are just go1og down to the beach for a picniC ,to bring along a. jug of Tom· Colllns or a favorite drlnk and ma!m law v1.olators out of theBe people who jUllt nnt

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1158 Apr1l 2, 1956

to have a little picnic, I am afraid I am going to be age1nBt It."

MR. SNYDER moved the questlon .

VOTE taken on Ord1nance No. 50 - 20 vot1ng 1n favor and 13 oPpoBed, wlth a tota~ vote of 33. There being n~ majority vote, lt was de­clared IIJST.

MR. HUIZINGA MOVED for reconsideration ot tho vote on "the ord1nance pertainin~ to serving liquor oth~r than beer on muniolpally owned property.

MR. NOLAN: "I am afraid thnt ~Ir. Huiz1nga !lns alroady voted on thll and cannot aBk for a reconsideratlon."

:,IR. RAlTERI: ''What is the sltuation at thB present time 1n re&ard to the oonsumption ~f liquor? At Hubbard HeightB, for 1nstance, it we ha"e no regulat 10na?" \ .

MR. NOLAN asked that a vote for reconaideration or Ordlnance NO. 50 be brolUz:ht up ega1n. . ,

MR. HUIZINGA MOVED for adoption of the ordinance a8 followsl Seconded by Mr. Hear1ng.

JRDINANCE NO. 50

ORDINANCE REGARDING CONSUMPTION OF LlQUOR ON ' MUNICIPALLY OWNED PROPERTY

BE IT ORDAINED BY THE CITY OF STAMFORD THAT no 1ntoxicat1ng liquor, except beer, ahall be lold and/or consumed on any , munl~ipal owned property; ndr ohall any auch li4uor be served or cauBed to be served 1n 1l0mb1nation with any other llquid or 'liquids on municipally owned property.

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(Note: Mr. HuiZ1nga left out the follow1ng sentence, which W81 a part of the ord1nance as voted on the firet time for publication: '

An exception may be granted by 'the Board of Representatives.

(The Secretary queotioned thc President as to whether this aentence waa meant to be included. He ruled that it was to be inoluded.) :

MR. NOLANI "I think there arc too many ~enforoeable laws on our bcolce now. "

MR. SNYDER: "I think people gOin~ to the beaches would llke to see promiscuoull drink1ng prdhibited. ' ,-

There wal s~e dlBouSlion 81 to certain eltuations that exist at publio beaches in regard to littering, etc., and Mr. Nol:.n ' alked it there WIUI not' an ordinance to control thll and was a8lurod that one exlst.

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Mrs. Bankowski arrived nt 9110 P.M •• changing the roll oall to 35 present o.l1d 5 absent.

MR. HUIZINGA: "At the moment we have n~ ordinance controlling this kind of aituation which the la\ . enforcol'1ent officers can use."

MR. NOlAn: ''Would the speaker yield to n question?·

MR. II1IIZINGA: "I am Borry. but I ho.ve tho floor.·

Mh. MURPHY: "This ordinance .1s for the ~ale or .::r:nsumption. IBn 't thel'e another I"ord we could use inetend?"

MIl. NOlAN: "Do you think we should edopt a bad law?"

MR. RA:.LTERI: "The Park Commission has thill rule In their rul ... 11 and regulati~ns -- I don't recall that anyone was ever brought up on charges for having a jug of Tom Collinll at the beach."

MR. BRADBURY: "I pr'otest on voting on any law based on whether or not it can be enforced. ~ither it is a good ordinance or a bad ordinance --the enforcement of it iB irre levnnt • "

MR. RUSSELL: "M9.ybe a part ot thill is due to a condition which exilltl at Cummings Park which has troubled the city for some time."

VOTE taken on ad'>ption ot :rdinancc No. 50. CARRIED. 21 in to.vor and 13 opposed.

MR. RAlTERI MOVED tor approval of the following Ordinaneo. explaining it had been published. having been approved for publioatlon at the March 5th meeti~g. Seconded by Mr . Georgouli5.

ORDINANCE NO. 51

ORDINANCE REGUlATING WIDTH OF STREETS

BE IT ORDAINED BY THE CITY OF STAMFORD THAT no person. company. or corporation. ahall lay out or conotruct any street or way within the City ot Sto.mford. leos than forty-nine and one­half (49*) feet in width.

This Ordinanoe IIhall take effect from the date of itB enactment.

MR. RUSSELL: ''We do get 50 feet according to our plcnning ruln at the present time."

MR. MURPHYI "I think that quest10n 1I0uld han to cOllIe up again -- lie would hav,," to have another oonference w1th the Planning Board."

MR. HUIZINGA: ~'I don't qUite see that th1s has anything to do lIith the Planning Boo.rd." .

Mr. Russell and Mr. Hu1zinga carried on a COnversation ;n regard to this question .

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1160 Apr~.':l ;:, 1956

MR. RUSSELL: "It dependB rr, the interpretation ot the Ordinance."

MIl. NOrAN: "I would just 11ke to say that since Mr. Huizinga lIayll thill is a copy ot the ~tate Statute, jt is redundant. As long as we already hnve ~ State lawen thiS, I can 8eB no reas~ns tor a duplication."

MIl. MURPHY: "All you are doing is milking "the rules nnd regulations :>t the rlanning Board into a law, as the rules ot the Planning BOArd call tor 50 teet."

MR. HUIZINGA: "There i3 a road that io only 25 teet II ide , entering into a piece ot property tha'.; I happen to know ot now. If we have an ordi­nanne which duolicateB the State law, then our citizens will n~t have to go to law to torce them to make them wider."

MIl. TOPPING read trom th~ regulations on wldth of streets. He stated thnt any Btreet bul1t in thls clty has to be at least 50 teet 'wlde, wl'~ 30 teet ot paved road.

MR. FINDLilY: "can't we resolve thill ordinanoe to be e.mended to readl "level cr usable land". I

MR. SNYDER MOVED that the matter be returned to Commlttee tor re-wording and re-phrasing.

MR. PLOTKIN: "The Planning Ftoar1 haa the pOller over the width ot City streets, etc. I think we should ge together with the Planning Board. I don't thinlc it is the pro'lince ot thl0 Board'."

MR. RHOADES oftered an AMENDMENT to go atter the worda "49; teet in width" that there be inoerted the words ••••• " ••••• ot land meeting the City Engineer's specifications as an acceptable road". Seconded by Mr. McLaughlin and Mr. RUBsell.

MR. RUSSELL: "I think the answer'is we are leaving it up to the City En~ineer. I think we are going t.o put the city to an expense that the contractor Bhould assume."

MIlS. PEATT: , "Maybe we should use the words 'usable land I and that would cover it."

MR. LEWIS MOVED that this be referred back to committee and they should inv~Btigatc and rep:>rt back to the Board. Seconded by Mr. MoLaughlin-.

VOTE taken pn Bend1ng thiB back to committee. LOST, 11 in' favor and 22 opposed.

MR. RHOADES withdrew his AMENDMENT.

MR. HUIZINGA MOVED to AMEND the ordinance as tallows: Right atter the words "lb1 feet in W1dth" it ahould read: " .... • ot usable land at approximate grade of the road surfaoe." Seconded by Mr. Findlay.

MR. HUIZINGA MOVED for acceptance of the Ordinancs as amendBd. CARRn;:D, 33 in favor and 1 opposed. .

MR. MITERI MOVED for acceptance of the tollowing ordinance tor

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for publication, with t~~ requcst that the Secretary makc arrangements with the Mimeographlng Department to heve coplcs made of pr~poscd ordinances for cr,ch I.IQmber of the Boord in the future. Seconded by Mr. Kolich.

AN ORDINANCE TO PROVIDE FOR TIlE IMPOUNDD{O AND SAlE OR OTHER DISPOSITION OF PERSONAL PROPERTY iEFT ON THE STREETS AltD PUBLIC PtACES IN THE CITY OF STAMFORD.

BE. IT ORDAD{ED BY TIlE CITY ,OF S'l'AMFORD, THATI

Section 1: Dcflniti:ms: (a) Whon used in this Ordinance "atreet" shall in~lude a street, avenue, road, alley, lane, nighwny, boulevard, con­course, driveway, culvert and crOSB walk, and every class ot road, squnre, place or municipal parking field used by ' the general public. (b) When used in th1s Crd1nanoe the word "person" oha11 mean and in­clude a natural person of either sex, corporatiolls, pnrtnerships, a~socintions, Joint stock compan1es, societies and all other ent1tiee ;)npable of being B1.:ed.

Section 2: It shnll be unlnwful for any person, his agent or employee, to lenve or to suffer or permit to be left, nny vehicle other thnn motor v~hicle, or any cnrt, wagon, box, barrel, bnle of merchandise or other movable property either owned by him or in h1s possession, custody or control, up~n ary street, sidewalk or municipal parking f1eld, exoepting, however, thnt this seotion shall not apply to materials lawfully placed at the curbs or sido of s~reets for col­lection by the Bureau of Sanitat1on.

Section 3: The Chief of Po11ce shall remove or cause to be removed any of the 1tems of property listed in Section 2 of th1s Ordinance, when found upon any street, s1dewalk or mun1c1pal park1ng f1eld and shall take same, or cause samc to be taken to property or prem1se. of thc C1ty of Stnmford, where same shall be held unt11 redeemed or sold, ns here1nnftor prov1ded.

S~ct1on 41 Any person v10lating any of the prov1sions of this Qrdi­shall ,be liable for and forfeit and pay a penalty of Ten ($10.00) Dollars tor each v101at1on' and 1t 1s further erdnined that the v1o­la~ions of any provis1ons of this Ordinance shall c~nst1tute dis­orderly oonduct and the peraon so v101at1ng the same shall be and 1& hereby declared a disorderly person. Th1s 1. 1n addition to any feee ter redempt10n of impounded property or costs ot sale chargeable to ' an owner or person ent1tled to possession of impounded property as hereinafter prov1ded.

Section 5: Whenever the Chief of Police shall receive any property containing i~cntlfication ot ownersh1p or right to possession, a not1ce shall be Bent by ord.inary ma11 to such person ndvis1ng that Duoh property is held by the Chiet of Police and adv1eing the amount neceoDary to redeem.

Section 61 Such property may be redeemed by the owner thereof at any time pr10r to the sale, dismantl1pg, destruct10n or d1spoBal thereof and he shall be ent1tled to receive such properti upon tendering the sum to F1ve ($5.00) Dollars plus the Bum of One ,$1.00) Dollar per day, commenc1ng the th1rd day, Sundays excluded, atter the property is re-, 7.' l~ , " ':

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1162 Apr1l 2, 1956

move~ to the date of redem~~10n. In addition, the person seeking to rer:leem shall be required tv pay the cost of advertising the sl!.le thereof, i~ a~y. No property shall be delivered to a person seeking \;0 redeem unless proof establ1 •• hLg tt:l the satisfaction of the Chief of Police ~uch person's ownership or right to possession 1ft submitted. Any delivery to a parson appartcn~ly entitled thereto, shall be a good "efense to the City of Stamford e!:a1nst any other person claim­ing to be entitled thereto, but if the person to whom delivery is made is in fact not entitled thereto, the person to whom the sam~ ought to have been deliverAd may recover the same wtth interest and costs from the person to whom the sama shall hsve been delivered.

Sention 7: Where any such property remains in the custody of the Chief of Police for a period of fifteen (15) days after removal snd with reapect to wh1ch no person has presellted to the Chief of Police proo~ estab11sh1ng to h1s sat1sfact10n such person's ownership or rie:·-t to possession ss herein-above stated, the Chief of Police IIhall g1ve publ1c not1ce in a newspaper cu'culated da1ly in the City of Stamford advis1ng that at a specified place and t1mg, not loss than five (5) days after su:h notice is publis~ed, such property will be sold at public auction for the best price he can obtsin. A general description in such notice of the property to bo sold shsll be suf­f1cient. Said sale shall be conducted by the Ch1ef of Po11ce or any person designated by him.

Section 8: In the event that sald property shall remain unsold at publlc auct10n, the Chief of Police may offer said property for sale at a subsequent publlc auction held pursuant to this Ordinance or he may dismantle, destroy or otherwise sell or dispose of such property. Any su~h sale or other disposition of such property pursuant to ·thl, Ordinance shall be without llability on the part of the Clty of Stam­ford to the owner of such property or other person lawfully entitled thereto or having an interest therein.

Section 9: Immediately after property 1a redeemed, the Chief of Police shall pay over to the municipal treasury the amount received for redemption, costs and expenses of the article redeemed, together with an itemized statement thereof. Immer:liatel~ after a sale or other d1sposition of such' property the Chief of Police shall pay over to the municipal treasury the procee1s of sale or other d1B~osition of such property, with an itemized statement of the article sold, the price received, and the costs and expenses of ·sale. The amounts so paid to che municipal ~rensury shall be retained and credited to the General . Pund to cover the eost of removing and storing the property and or the d1sposition thereof.

Section 10: The provisions of this Ordinance shall not apply to any property which may come into the possession or custody ot the Chief of ?oli~e pursuant to any other Ordinance, law or regulation. .

MR. SNYDER: ''WOUld it be correct, ~. Raiteri, under this ordinance that any eu~er ~arket can make a ruling that under· this law the carts cannot leave the premises, and therefore . the principle sufferer would be the shoppers who would have to oarr~ all their grooeries to their car?" .

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MR. TOPPING: "Most of O'.r ouper markets have a notice right on the cart to the effect that this cart shall not be taken trom the premises. Whether thIs would r311eve the market tram any liabUity I do not laiow It II

MR. BAKER: "'l'he Village ot Rockville Center ac50pted this orc5inance and it waD vel'Y 8uccesstul there. I got in touch with the Village C]~rk and had him give me a oOPY of their ord1nance. It is intended rather as a preventatlve th~n as a oure."

MR. KELLY: '~~uld that prevent baby oarriages and ohildren's toy. trom belng left on the stroets?"

VOTE ttlkon on this ordinance for publication and CARRIED unanimously.

Re chnn6e of street name from Wotsey Road to Alpine Street

~.le petltion trom the reD1dents of Wofssy Road tor ohange of name WBII referred back to the Legislatlve & Rulea and Planning and Zoning Committees for the ~e~son that lt i8 not yet an aocepted Clty street. Mr. Raiterl explained that the oommittee felt the street should be accepted by the City 08 a olty street at tho same time the street na~ is changed.

MR. RAITERI MOVED that Sen'.te Blll No. S.3212, sponsored by Senator Prescott Bush, entitled: " ... Bill to increase and make certsin re­vie10ns in the general authorizat1ons for small flood control pro­Jects in the Flood Control Act of 1948" be endorsed by this Board and that a l~tter be transm1tted to the United States Sonators from Conn­ecticut, giving the Board's endorsement of this Bill. S~conded by Mr. Iacovo and Mrs. Zuckert and CARRIED unanimously.

MR. RAITERI MOVED for suspension of the rules in order to bring up a proposed ordinanoe aa follows: Secondod by ~~s. BankOWSki.

AN ORDINANCE R5IATING TO THE KEEPING OR HARBORING OF DOGS

BE IT ORDAINED BY THE CITY OF STAMFORD THATI

Section 1. No owner or person posseSSing or persor. harboring a dog shall suffer or allow the same to run loose or at large at any place in the City of Stamford. All dogs, when not confined within the dwelling or premises of tho owner or keeper, or when not confined in· any other inolosure, must be kept on a leash, and when led on a leash, all dogs must be curbed.

Seotion 2. It shall be th~ duty of th& Dog Warden of the City of Stamford or of any policeman of said City or ot any other person o.ppointed as Dog catchers, to distrain or cause to be distraineC2 end impound any 10g running at large in saic5 Cit;y.

Section 3. ~e Dog Warden, on impounding such dog, shall 1mmBdiate~ not1fy the owner or harborAr ot such dog, 1f the owner or harborer be known to the dog warden, or can with reasonable diligence be ascer­tained, that such animal has been and 18 impounded. Any suoh c50g 10 seized may be redeemed by the owner of Same upon the pa~ent of Plve ($5) Dollars to the Cle~k of the Clty ot Stamford and by the payment

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of the establ1shed l1cen8~ fee to sald Clerk it' such dog ill un­llcensed. Sald Clerk sha~l lssue to Eaid owner an order to the Dog Warden for the delivery of suoh ciog. 'All d'ogs not, so redeemed wlthin a perlod ~! one weck after such seizure shall be destroyed or other­~lse dla~osed of. Any fur.ds Lol~ected under th1s Sect10n shall be pald over to the mun1c :lpnl trcall~Y: s,nt;\ .,ored1tcd to the General Fund.

o • • . .. I '" Sect10n 4. No person shall ent1ce any dog out of the enolosure or house of 1ts owner or hsrborer, or se1ze or molest any dog wh11e held or led on a leash by any per3un, for the P'lrPOSC of taking up, cUs­traintng or impounding the same.

Sect10n 5. No peraon shall have or keep or permit to be kept ~ any r-rer.:10es owr.ed or occupied in whole 01' 1n pert by him within the City 01" Stamford £lny dog which by ita howling 'or Whining or barking, IIhall di8tr~b the neighborhood .

Se"tion 6. Any person or persona violating SectionD 4 and 5 of thill oruinance shall be liable for and torfeit and pay a penalty of Five ($5) DollarD for eaoh violation thereof and any violation of lIuoh S~ctlon8 shall constltute disorderly conduct, and the person 110 vio­lating 3uoh Sectlons shall be and ls hereby declared a dlsorderly person.

This Ordinance shall take effect immediately upon pasllage.

MR. IEWIS: ''With reference to this ordinance all propoBedby Ellill Baker: Two years ago we had to pass an ordinance in o~der to find the Dog Warden. I MOVE that this be referred baok to COIIU!Iittee." Seoonded by Mr. Brett.

MR. NOLAN: "The State law hns restrictions on dogs. If we could hear from Mr. Hanrahan on this, perhaps hll oould clar1fy it."

MR. TOPPING: "I would like to see thill changed 110 that it would not cr'3at~ a hardshlp."

MR. BAKER read a petition Which he had received and Which he said had prompted the introduction of the ordlnanc9.

MR. KAMIlISKI said he thought there should bo some moclification of the ordinance.

:m. FINDLAY stated that he is opposed to passing so many ordinances. '

MRS. PEATT aaid she waa thoroughly in agreement with Mr. Baker and that dogs running loose and in packs were dangerous to small children.

, -MR. LEWIS MOVED that this ordinance be referred to the Health & Pro­tection Conunittee and the wgiB~ative & Rules Committee, with in-. IIt,ructions to the Pollce Chief that the Dog Warl1en muat report daily to the Chief of Police. I r-

Mr. Topping Seconded tho moti~n.

There wns cOno1dernble discuSB10n nt th1s p0ln,t Warden and the performance Of h1s dut1oa. •

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MR. BAKER: "The Dog WardJa should rece1ve a tee instead ot II salary ana perhaps he might do a better Job."

MRS. ZUCKERT aa1e! she was oJ:;Jo£.I.1 to lIuch a high tee and thought perhaps !f voaming doge were muzzled, 1t would be better than to keep them confined. , MR. RHOADES I "I asswno th1s 10 not to l'ecommit, but to send to COIII­mittee. nll the calls I have received have been in ravor ot the ord1,"ance. II

MR. IACOVO I "I have ~lso reoeived r.wnerous calls in ravor ot the or1inance. "

MR. RA1TERII "I think the ordinanoe ill Ii little too strongly ~orded."

VO'L'E taken on Mr. lollia' motion and CARRIED, 26 in favor and 7 o"posed.

MR. RAITERI MOVED ter suspenSion ot rules in order to present a letter trom Mr. Connell, Superintendent ot Ptu·ks. Seconded by Mr. nhoados and CARRIED unanimously.

April 2, 1956 .

Cal:

In ordor ·to get aome reasonable control over beer drinking in perks, could the proposed ordinance ot Mr. Topping be amendod as tollows:

Insert atter "property" on 4th line "except as lI\O.y be prohibited by Department ot Parks' rules and regu-lations ". .

It the ordinance is passed as amended above, then our pr~posed #11 regulation would not be in contlict lIith the Topping resclut1ot1. ·

Ed. Connell, Supt. ot Parka

MR. RAITERI MOVED that this request be reterred back to the legis­lative and Rulee Committee tor report back at the next meet1ng. Seconded by Mr. Baker and CARRIED unanimously.

AppOintments Comm1tte~1

(1) Edward J. Frattaroll, 5 Brinckerhoft Avenue

Mr. G30rgou11s MOVED for approval ot Mr. Frattaroli's app01ntment as a member. ot t:1e Flood and Erosion Control Board, term to ex­pire December 1, 1956. Seconded by Mr. Baker. vote taken by Ballot, and CARRIED. 34 in tavor and 1 opposed.

(2) W. Gardner Edwards, 1270 Hope Street, Springdale

Mr. Oeorgoulis moved tor approval ot Mr. Edwarda' appointment as 'J .... , ., (-,. ,

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1166 April 2. 1956

a member of the Floo" and Erosion Control Board. t(!rm to expire December l, 1957. Seconded by Ml·. Baker. Vota takan by ballot and CARRIED, 32 in f~vor and 3 opposed.

(3) Alfred O. Kanzler. ~9 Parker Avenue. Glenbrook

Mr. Oeorgoulis MOVED for approval of Mr. KAnzler's appoint~nt a. a member of the Flood and Erosion Control Board. term to ,expire December 1, 1958. Seconded by Mr. Baker. V'ote taken by ballot and Cf.RRIED, 31 voting in favor, 3 opposed and 1 blank.

(4) george L. Hickey. 99 Saddleroek Roag

Mr. Ge 'Jrgoulis MOVED for approval of Mr. Rickey'll appointment a. a m~mber of the Flood and Erooion Control Boards term to expire December 1, 1959. Seconded by Mr. Baker. Vote taken by oallot end CARRIED, 27 in favor and 8 opposed.

(5) Edward W. CUrran. 236 Greenwich Avenue

Mr. Oe~rgouli9 ~CVED for approval of Mr. rurran's appointment all a member of the Plood and Erosion Control Board. term to expire December 1, 1960. Seconded by Mr. Baker. Vote taken by ballot end CARRIED. 33 in favor and 2 opposed.

Public Works Committee:

Mr. Topping. Chairman, prosented the following report of his Com­mittee:

Publio Works Conunittee TIe port

14eeting held at Dolan School, March ~8, 1956. The rollOtlirig members were prooent: Anthony Kolich, Alan Ketohem and -Thomas Topping, Cha1."'InI1n. Absent memberll: Eugene Barry and. Vincent Vitti. - ,

Re: letter from Mr. Louis T. Olive of DYke Park (See page 1124 ot M1nutes or March 5. 1956)

Above letter disoussed and the Committee deoided that inallmuoh as the Park Commission has an item in its Capital Budget re­gnrding this boat baSin, and that tho Alloilltant Publio Workl Commissioner hall aSllured us that tho Channel marker will be put in place when the time comas, thil Committee agreed to take no action on thill petition.

Planning & Zoning Committee:

Respectfully lIubmitted,

Thoml1s J. Topping; Chairmlln

Mr. Czupkn MOVED for suspension of the rulell in order to prellent a petition for acceptance of Research Drive, Glenbrook. by Glenbrook Sand and Gravel Company, York Rellearoh Corporation and ::ewitt-Robinl. Inc. Seconded by lIeveral voioell and CARRIED unanimoullly.

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MR. CZU PIc.\ MOVED f:>r ac ~& ptllnco of t,h is road.

MR. TOPPING ea1d he w:>uld favor the acceptanue of th1s r:>ad and named four th1nge that would have to be taken care of firet: (1) Box culvert, ~2) excavat10n not closed for 10 feet, (3) two stone fencee 29' 6" which maice the rood less than tho m1nimum width, (~) ona edge of the 50 foot drive goes over property owned by Hewitt-Robins.

MH. lolURPHY: "This all stOI1lS back to the extension of COlling Place. The coet would have run up 1nto the hundreds of t,housands of dollars.·

There wae considerable discussion as to the problems present~d, Mr. C.upka assuring the members that he has talked with the Ass1stant City Eng1neer and was assured that the pilee would be removed and the topping of the culvort will be done as soon ae blaok topping 1e avail­able.

~~. SNYDER opoke etrongly in favor of accepting th1a street, po1nt1ng out that the connactjng of Research Dr1ve with Larkin Street will help induntry to loua~e he~e.

Mr. Scarella, Commissioner of Public Works, who was preeent, expla1ned what was golng to be done and the problems 1nvolved and recommende~ that the Board accept th1s street.

MR. GEORGOULIS MOVED for acceptance of Research Drive. Seconded by Mr. Rhoades and CARRmD unanimously.

Mr. Findlay asked to be excused and left at th1s time.

Mr. Rhoades MOVED to hear from Mr. Wachter who aleo was present. Seconded and CARRmD unanimously.

Mr. Wachter spoke on the p~oblem of releaee of bondo before accep­tance of roads, and said he would take 1t up with hie Board.

Mr. Hanrahan expla1ned that the bond is released when the road 111 brought up to city specificatIons.

Tt.e Secretary waa inetructed to wr1te to t.he Board of F1nance, not1fy1ng them thaI;, ReselU'ch Dr1ve had been accepted all a o1ty street.

Parks & Recreetion C~mittee:

Mr. Kelly, Chairman, presented the follow1ng reportl

The Recreation and Parks Committee of the Board met on Wednesday evening, March 28, 1956, at the Dolan Jr. MiEn School, immed1ately after the spec1al meeting of the Board, and discussed the only item on their Bg~nda, Which was the _iu~a of not1fy1ng the Board of Reoreation that, as haa been the custom 1n the past, the comm1ttee would l1ke to have the Secretary of the Board of Representatives notify the Board of R3creat10n and the Park Comm1ssion that the Comm1ttee on Parks and Recreation would like to request t»"t both the above ment10ned BoardS grant permiu810n to the chairman, or alternate, of thia commjttee, to attend the regular meet1ngll

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1158 'April 2, 1956

of both Boards

'l'he purpose of this reouest 1s to further aCQ.uaint our oom­mit+,ce with the reQ.uirements of, these boards, and form e better 11a1son between all three boards, and I so move.

Bt~ phen E. Kelly, Chairman, Parks & Recreation Committee

Personnel Committe~:

Mr. B~rry, Chairman, read the following letter from Mr. Hanrahan, Corpo~ation Counsel, in regard to pensions for 8i~tsrs at former city employees, Miss. Mabel O'Keefe, 54 Courtland Hill Stredt and Miss Katherine T. QUlnn, 25 Bell Stl'eet:

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CITY OF STAMFORD, CONNECTICUT

Fersonne1 Committee of the Board of Representatives Stamford, Connecti~ut

Gentlemen:

AP1'll 2, 1956

In reference to the material turned over to me by your Chairman on the que3tion of the pension for the Sister of Duvid O'Keefe, a mechanic in the Board of Eduoation who completed 17 years of servioe prior to his death, and the Sister of Michael F . QUinn, who retired under the classifi­cation plan on August 1, 1952, I su~mit the following-

The gsneral power over pensions is set forth in sub-section 66 ~f Section 40 of the Charter as follows:

"To establish penSion sydteme for the mun1cipal ernployeeD .•.•••••. "

Section 710 of the Charter authorizes the Board of Represen­tatives to enact ordinances "not. inconsistent with the provisions of the Charter, for payment of pensions to any officer or employee who shall have hel~ office or employment in the town or city for a period of 25 years or more, or to his widow or dependents". It appears to limit sub-section 66 by requiring at least 25 years of service.

;:,y Special Act #463 of the 1951 Denerd ASsembly, a pension program wall eet up ent it led "Claos1fied Employees Retirement Fund". It was not stated specifioally 1n that Act that 1t was to be a provision of ' the Stamror~ Charter. However, it would appear that the Board of Representat1ves treated it as though it was to be an amendment to the Chnrter and its administration has been 10 closely aligned

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to ~he Charter that, for all pract1cal 1ntents and purpcsea, it muat \ e regarded as a portion of the City's ~hllrter.

Consequentl •• it woul~ a'pear that with respect to the depe~dent sister of Mr. O'Keefe, neither the Custodian's Retirement Pl~n, nor the Clas~ified Employee's Retirement Fund plan at present provide the basia for a pension to a deceased e~ployee's sister. Miss O'keefe's only remedy for a rension appp.ars to be a Special Act of the General Assembly, specifically granting her a pens lon, or anendin~ Section 710 in such fashion that ~he City may in the future, make provision for penslona fo~ employees, or their dependenta, who have leDs than 25 yeara of service.

Mr. O'Keefe's estate la, howe~er, entitled, under Section 10 of the Custodian's Peneion Plan to payments of his contribut10ns to that plan, plus accrued interest.

Likewise, since Mr. Quinn was a member of the Classified Employee'e Retirement Fund and accepted retirement there­under, his dcath three :veers after retirement would not form the baaia for a claim for a penSion by his sister.

SUb-aection E of th~ Section 749 of the Charter permitted ~~. QUinn, had he b~~n married, to e:ect a reduced penSion at the time of hie retirement with a provision that two­thirds of the reduced peneion elected ~e continued after his death to his spouse. It contained no provision . whatsoever permitting a Widow, widower, or unmarried person to ~lect a reduced pensien Which would be continued to his dependent children or other dependents, such as a sister.

The problem, then, is to determine whether or not the granting of a penSion under Sect10n 710 to a dependent siste~ or a retired for~er oity employee would be in­consistent w1th the provisions of thj.s Chnrter. It is subm1tted that the use of Section 710, in view of the lack of provisjon in the Classified Employees Retiren,ent Fund for survival of pen810ns of retired employees to depen­dents other· then apouses, would not neceosarily be inoon­sistent with the provisions of th~ Charter. It would appear, however, to be 1nconsistent with the spirit and intent of the Classified Employees Retirenlent Fund Plan.

I believe that the better practice would be to have your Board consider nn amendment to Sub-Section E of Section . 749 to permit the retiring employee an election 1n favor of not only his spouse, but other olasses of dependents af may be determined by your Board, so uS to taka care of matters' that ",ay arise in the future.

For the purpose of disposing or the matter presently be­fore Y.our. Board involving MUs Quinn:

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1170 April 2, 1956

In view of the inequities alleged to be involved, it would appear that thc Board could provide for a payment of a pene10n by ordinnncp of two-thirds the amount of pensi~n received by the deceased brothcr, bearing in m1nd the question of offsets aga1n&t such pension by the receipt of any social sec~lty benefit. to the ~ependent sister.

Very truly yours,

John M. Hanrahan corporation Counsel

MR. BARr.Y MOVED that we hear fr~m the Corporation Counsel. Seconded by Mr. Kelly. CARRIED UNANIMOUSLY.

Mr. Hanrahan expla1ned the situat10n more fully to the mcmbers of the Board.

MR. HUIZUiCiA: ''We have 8 very dcfinite respons1bil1ty to the c1tizens of this City by our mak1ng except10ns of theae cases. If you make an exception here, we arc going to get 1nto a lot of trouble in the future. I think we will gct 1nto a great deal of trDuble by chang1ng our pension p~an.

MR. HANRAHAN: "In the past we used to go to the state Legislature in these caaeR for speuial legislation, but the City adopted a pension plan to tnke care of these cases."

MR. RAl'l'ERI: "Let 'II discusll each case separately. Let 'e discuss the O'Keefe casc first.

MR. PARRY MOVED this be sent back to Committee. DeForest. Mr. Barry said tnc committee had not study the repo~t. CARRIED unanlrnously.

Committee on Education:

Seconded by Mr. yet had a chance to

In the absence of Mr. Macrldes, Chairman, Mr. llrett, presented the committee report:

, . The Committee on Educatien and Welfare met at 2:00 P.M. on March 31, 1956, at the offices Of JOhil C. Macrides. 1<1r. Prett and Mr. Macrides were present. Dr. Llll1endahl Mr. Czupkn and Mr. Gilbert were absent. Mr. Julius MarkieWicz of the Stamford Education Association and Mr. Lester J. Myers of the Stamford Federation of Teachers were present to 1ndicate the reasons for the requeet for a raise 1n pay of teschers which is reflected 1n the op' rating budget requested by the Board of Education. These reasons shall be reported on at the tbae when our Board is faced with deciding on appropriations for the aforesa:l:d budget.

With respect to the achool bus Situation, the prrhibitive cost of mark1ng busp.s 1n conformity with the new Statute would make the only remedy available, a requcst to the State Legislature that the requirements be ohanged to

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somethlng lesa costly wh1ch r.~uld be Just as effect1ve.

Reapectfully subm1tted,

John C. Macr1des, Cha1rman

1171

Re: Ch~ne~ of n~m~ of Comm1ttee on Educat10n:

MR. OEO~GOULIS MOVED that the name of th1s comm1ttce be changed to ~he Committee on Educat10n and Welfare. Seconded by Mr. Baker and CARRIED unanimously.

Mr. W111iam Kam1nski asked to be exoused at th1~ time.

CO~~ICATIONS FROM THE MAYOR

CITY OF STAMFORD, CONN.

Mr. George V. Connors, Pres1dent Beard of Representatives Stamford, Connect1cut

Dear Mr. Connors:

March 6, 1956

I am attach1ng her ';w1th B11l S. 327:1 prceented by Senator Bush, entitled, "To increaHe and make certain rev1sions 1n the gener31 authorization for amall flood control proJeots in the Flood Control Act of 1948".

An expreee10n of op1nion by your Board, I be11eve, would be of invaluable aid in the eupport of this Bill.

It is indeed necessary for us to get as much Federal aid as poss1ble to help ua overcome the tremendous expense involved due to th~ recent floode •

Very truly yours,

Thcmna F. J. Quigley, Mayor

COMMUNlCATIOMS FROM OTHER BOAROO AND mDIVIDUAIS

(1) Ordered read by Steer1ng Committee: Carbon copy of letter to Mayor Qu1g1ey from corporation Counsel:

The Honorable Thomaa F. J. Quigley , Mayor. of Stamford, Connecticut

Oear Meyor Quigley:

February 28, 1956

, Thi8 i8 to advise you that I am in reoeipt of a deed from the Firat Stamford Corporation (Jesse Hartman) to the City

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1172 April 2. 1956

of Stamford. qult·tln1ming a parcel of land 13.702 acres !n aren in the Laddln'a Rock aection.

Thla deeJ represents t he tinal actlon in connection with th~ ofter of dedicatlon made by Mr. Hartman to the City ot the land ln question.· together with a donation of $2,500.00 to defray the coet of picniC tabloD and benches. Which offer I understand. was accepted by the Board ot RepreaentatlveD several years ago.

I have ~emlnded Mr. Hartman's attorney that we shall expect the check for $2.500.00 at his earliest convenience.

I al~o took the liberty of expreBsing the thanks of the uommunity to Mr. Hartman for his public ap1rited geature.

Very truly youra,

John M. Hanrahan, Corp~rntion Counsel

MR. HUIZINGA MOVED that n letter of nppreciation be sent to Mr. Jesse Hartman. Seconded by Mrs. Bankowski, nnd CARRIED unanimously.

There ensued Home discuaion ,lS to the history of this gitt, Mr. Murphy saylng that it went back to 1949 or 1950 when this land was f1rst accepted by the Clty and that there had been sr.me questlon that it be named after Mr. Hartman's deceased wife. He enid the propert~ in questi.m ls along the westerly border of Stamford.

Mrs. Zuckert said ehe was in favor of this park belng named in memory of Mr. Hertman's wite, to show thc City's appreCiation for his gener­calty.

(2 ) Cnrbon COpy ot lettep to Prosecuting AttorneYJ Mr. Joseph P. Zone from Corporl!.tion CC·lnsol. datsd Maroh 12. 1950. Ordered read by Steerlng Committee.

Mr. Joseph P. Zone Prosecuting Attorney City Hnll Stamford, Connecticut

Dear Mr. Zone:

March 12. 1956

As you are aware, in the last tew years, the Board ot Representatives was greatly concerned with the Question ot exc~vation8. partlcularly those in realdent zones wh~rein a builder abandoned his plana tc build atter initial llxcavation.

Mr. SWinnerton hea reterred to me a problem involving the Crystal Lake Building Corporatron. whom he sent a warning notice to on November 30. 1955. a copy of Which ~a attached. No action haa been taken by the property owner to date.

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April 2, 1950 ll73 Will you k1ndly examine the matter end adv1se me whether or not !lction m1ght 'lE: taken under the provillions of Sections 10 and 11 of Chapter 13 and under Supplemental Ord1nance No. 15 of the Stamford General Ordin~nces.

Very truly yours,

John M. Hanrnhan Corporation Counsel

1m. HUIZINGA MOVED that the President wr1te a , letter to the Prose­cuting Attorney informing him that th111 regulation is not being en­forced. Seconded by Mrs. Zuckert and CARRIED unanimously.

(3) Rei J. M. Wr1ght Technioal SchOOl. Smith Street & Schuyler Avenue

CITY OF STAMFORD, CONN.

Planning Board Board of Pinfince Board of Representatives

wdies and Gentlemenl .

Mnrch 28, 1956

. Re: J. M. Wright Technical School, Smith Street & Schuyler Avenue

At present, the State of Connecticut operates this vocat10nal school on propcI'ty owned by the; C1ty of Stamford. In the very near future, the State plans to build new vocational fac1l1ties in Woodside Park.

In Apr1l 1954, the pastor of Saored Heart Church, Reverend Sugrue, requested that the City entertain an offer to convey the s1te o.nd bu1lding on Schuyler Avenue to his po.r1sh for tbe purpose of being o.lternd into a parochial elementary Bchool.

The present pastor of Sacre(\ He!l:.'t Church, Reverend R. Nad1le, hae recently advised Mo.yor Quigley that the church 1s anxious to havo an express10n from the oity nil to whether or not such an arro.ngement can be developed. He, as did Father Sugrue, stresses the fact that operat10n of such a sohoo1 by the par1sh of Saored Heart Church WOUld, in effect, be a contribut10n to the educat10nal fac1l1ties of the City of Stamford 1n that 1t would relieve the o1ty taxpayers of the necessity of maintaining and operating fo.c1l1tles for those students who would attend.

Mayor Quigley has requested me to transm1t this matter to Hr.norable Boo.rds in order that you m1gh~ have an opportunity to study·the problem for the purpose of making a recom­mendation to him as to whether or not you believe that such a tranefer should be made.

Pather Nadile informed the Mayor that in the eve~t the c1ty would undertake to convey tho property, thnt the

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1174 AprH 2, 1956

church would maice a:1 of'fer 1.0 purchas~ snmll at a price that would be within its means conBidering the amount of ~oney that would be neceBsary to rehabilitate tho structure for uoe ao an e lementlU'y school.

Very truly yours,

John H. Hanrehcn, Corporation Counsel

MR. RAlTERI MOVED that thio Board indorse any action that is to be t~k~n in the future by the appropriate city ofrioiale or b~~rds in ~rder to deed the property to the ohurch.

MR. RHOADES: "Should this not be referred to Committee?"

~ef&rred to Legislative and Rules Co~ittee and Education and Welfare Committ.ee.

The following reso1u,ion, introduced at a meeting of the Steering Committee held March 27, 1956, and approved by them, was presented by MR. HUIZlNOA, who ROVED for its approval. Seconded by lolr. Snyder and CARRIED unanimously.

RL$OWTION NO. 215.

WHEREAS, April 19, 1956 has been designated ae one of the days for making voters, and

WHEREAS, the Republ1can Pr1lnary will be hdld on th1e same day, namely April 19, 1956,

BE IT THEREFORE RESOLVED, that April 18, 1956, or some other day convenient to tho Registrars of Voters, be deBignated al ths day for making votere. in lieu of April 19, 1956. '

BUSlNESS ON THE CAlENDAR

(1) Reactivation of Housins Committee

Mr. Connors named the following merr.bera I

Frank W. Longo, Chairman Oerald Rybnick Anthony Kolich, Jr. Doris M. Zuckcrt Irving O. Snyder

(2) ~~$C in Chairman of Charter ReviSion Cc~ittee

Mr. Connors announced that Mr. John Macridee would be the Chair­ma~ of this Committee in place of Mr. George Georgoulis, originally named as Chairman.

Mr. Connors aloo announced the following changes in Committees:

Stephen Kelly .is taking Mr. Killeen's place on

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the Health .. ·.d Pro!;ecti.,n C=.lttee.

John R. Nolan is replacing Steph:m Kelly on Legislative and Ru:cB Committee.

Eugene F. Barry'" replacinc Clifford Waterbury as Chairmen of the Personnel Committee.

N~"W BUSINESS

1175

The following resolution waa introduced by Mr. Vitti, seconded by Mr. Geo~~oulil and refcrred to Health and Protection Committee by unani­m')UB vote.

WHEREAS, the City of Stamford Police Department will shortly take occupancy of a new and modern headquarterB at the corner of Hoyt nnd Bedford Streets, and

WHEREAS, thin building has becom~ a reality becnuBo of the efforts of mnny city officisls and pri~nte citizens, and

WHEREAS, the chief impetus which changed general dIBcussion about a new pollee building into tnngible action ceme frum the late J . FLEMMING RUTIEDGE, Chairman of the Board nr Public Safcty until bis deat~ on June 2, 1955, and

WHEREAS, the late J. Flemming Rutlcdge was a ~1stlngu1Bhcd c1tlZtm, intellIgent and humane city official, and n mlln of hlgh moral purposo and civic ~edicatl.,n, and

WHEREAS, it hilS become a laudablo and accepted cu~tom in Stamford to nam~ public bUildings, chIefly scho?ls, 1n honor of those who have contributed signally to the well-being of our community,

THEN BE IT RESOLVED that the Board of Representatlveo hereby design~teB the new police building at the corner of Hoyt and Dcdford Streets as THE RUTIEDGE BUILD:LNG, or THE J. FIEMMING RUTIEllGE BUILDING, or THE RUTlEDGE MEMORIAL BUILDn;G, or THZ J. FLEMM~G Rt'TIEOOE MEMORIf.L BUILDING, cr TIIS RU'l'IEOOE POLICE BUIIDlNG, t':' T!ill J. FlEMlUNG RU'l'T.EOOS POLICE BUIIDING, whichovOJI: dcsignat ion mc.y bo made by the Board of Reprc&en­tatiVf'8.

There being no further bU8incss to como before the Board, upon motion of Mr. Nolan, aeconde~ by several voices, the meeting waa adjourned at .12:15 A.M.

Respectfully ftubmitted,

Georgo V. Connora, Presi~ent Boar~ of Representatives