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11/28/01 Packet
CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Meetin~l Date: November 28, 2001 Item Number: 2. Subiect: County Administrator' s Comments County Administrator's Comments: County Administrator: Board Action Requested: Summary of Information: The Accounting Department has completed preparation of the County's FY01 Comprehensive Annual Financial Report, which includes financial statements audited by KPMG, LLP, independent auditors. Elizabeth Foster, engagement partner from KPMG, LLP, will be at the meeting to formally present the report to the Board as required by the Code of Virginia. PreDarer: Attachments: Yes Title: No Director of Accountinq CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meetin~l Date:, November 28, 2001 Item Number: 5. Subject: Resolution Recognizing Berrymond R. "Bubba" Burgess Upon His Retirement County Administrator's Comments: County Administrator: Board Action Requested: The adoption of the attached resolution. Summary of Information: Police Officer Berrymond R. "B~bba" Burgess will retire from the Police Department having provided over 25 years of service to the citizens of Chesterfield County. Preparer: Colonel Carl R. Baker Title: Chief of Police Attachments: Ycs ~-~No 0 Ore RECOGNIZING MR. BERRYMOND R. "BUBBA" BURGESS UP.ON HIS RETIREMENT WHEREAS, Mr. Berrymond R. "Bubba" Burgess retired from the Chesterfield County Police Department on September 1, 2001; and WHEREAS, Senior Officer Burgess provided over 25 years of quality service to the citizens of Chesterfield County; and WHEREAS, Senior Officer Burgess has faithfully served the County in the capacity of Dispatcher, Patrol Officer, Investigator, Detective and Senior Police Officer; and WHEREAS, Senior Officer Burgess has served in various assignments during his tenure which range from the SWAT Team, Vice/Narcotics Unit, DEA Task Force, and Narcotics Interdiction Team; and WHEREAS, Senior Officer Burgess received an Award for Public Service from the United States Department of Justice in recognition of his meritorious service and acts that materially contributed to the attainment of the highest standards of cooperative law enforcement and justice in the United States of America; and WHEREAS, Senior Officer Burgess was recognized by the Drug Enforcement Administration for four years of distinguished service with the Task Force and also received numerous letters of thanks and appreciation for the assistance rendered in all types of situations; and WHEREAS, Senior Officer Burgess has provided the Chesterfield County Police Department with many years of loyal and dedicated service; and WHEREAS, Chesterfield County and the Board of Supervisors will miss Senior Officer Burgess' diligent service. NOW, THEREFORE, BE IT RESOLVED, that the Chesterfield County Board of Supervisors publicly recognizes Mr. Berrymond R. "Bubba" Burgess, and extends on behalf of its members and the citizens of Chesterfield County their appreciation for his service to the County, their congratulations upon his retirement, and their best wishes for a long and happy retirement. AND, BE IT FURTHER RESOLVED, that a copy of this resolution be presented to Senior Officer Burgess, and that this resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County, Virginia. 0 000 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meetin~l Date: November 28, 2001 Item Number: Subject: Adoption of the 2002 Legislative Program County Administrator: Board Action Requested: Adopt the 2002 Legislative Program. Summary of Information: The Board of Supervisors is scheduled, at this meeting, to adopt the 2002 Legislative Program. Preparer: M~a~~~z~~/~'t- ~Curtin Title: Director, I nter,qovernmental Relations Attachments' '~ Yes No 0604 0 0 ,,mi 0 < 0 (D 0 Z · · · · · · · *,mi 0 0 © 0 0 ~ CD q-~ "0 0 0 ~ 0 ~ 0 0 ~ 0 0 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of 1 Meeting Date: November 28, 2001 Item Number: 8.B. Subiect: Nominations/Appointments to the Youth Services Citizen Board County Administrator's Comments: County Administrator: Board Action Requested: Nominate/appoint members to serve on the Youth Services Citizen Board. Summary of Information: The purpose of the Youth Services Citizen Board (YSCB) is to advise the Board of Supervisors regarding planning and policies affecting youth development and to provide a community forum to focus on youth issues. Midlothian District. Supervisor Barber has recommended that the Board appoint Emily Wyatt, a student at Midlothian High School, to the Youth Services Citizen Board effective immediately through June 30, 2002. Ms. Wyatt meets all eligibility requirements to fill the vacancy and has indicated her willingness to serve. Under existing Rules of Procedure, appointments to boards and committees are nominated at one meeting and appointed at the subsequent meeting unless the Rules of Procedure are suspended by a unanimous vote of the Board members present. Nominees are voted on in the order in which they are nominated. Preparer: Title: Director, Youth Services Attachments: ~-~ Yes No 00vOS CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meeting Date: November 28, 2001 Item Number: s.c.l. Subject: State Re-Qualification of the Crater Regional Partnership County Administrator's Comments: County Administrator: Board Action Requested: Adoption of attached resolution. Summary of Information: At the February 12, 1997 Board of Supervisors meeting, the Board agreed to participate in the Crater Regional Partnership. The Board adopted a resolution in June 1997 authorizing the partnership to carry out the provisions of the Virginia Regional Competitiveness Program, on behalf of its member localities. The attached resolution supports the re-qualification of the Crater Regional Partnership under the Virginia Regional Competitiveness Act. _.~itle:Assistant County Administrator Attachments: Yes -~No 0 0(~06 RESOLUTION OF SUPPORT FOR THE RE-QUALIFICATION OF THE CRATER REGIONAL PARTNERSHIP UNDER VIRGINIA'S REGIONAL COMPETITIVENESS PROGRAM WHEREAS, the Crater Regional Partnership originally qualified under Virginia's Regional Competitiveness Act (Sections 15.1-1306 through 15.1-1310 of the Code of Virginia, 1950, as amended) for a five-year period in 1997; and WHEREAS, during the Partnership's first five years its efforts have focused upon the Partnership Board's identified regional issues of workforce development, education and regional cooperation; and WHEREAS, representatives of the County of Chesterfield have actively participated in and supported the work of the Crater Regional Partnership, including the Board Chairman and County Administrator, along with representatives of the private sector. NOW, THEREFORE BE IT RESOLVED, that the Board of Supervisors of the County of Chesterfield hereby supports and encourages the re-qualification of the Crater Regional Partnership, including the same ten member localities (the Cities of Colonial Heights, Emporia, Hopewell and Petersburg, and the Counties of Chesterfield, Dinwiddie, Greensville, Prince George, Surry and Sussex). AND, BE IT FURTHER RESOLVED, that the County of Chesterfield agrees: 1) That the Crater Regional Partnership is authorized to carry out the provisions of the Regional Competitiveness Program on behalf of the County of Chesterfield; and 2) That the Crater Regional Partnership is authorized to continue to receive Commonwealth of Virginia regional incentive funds from the VA Department of Housing and Community Development on behalf of the County of Chesterfield upon state approval for re- qualification. 0 0O05' CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of ~- Meetin~l Date: November 28, 2001 Item Number: 8.C.2. Subject: Award of Construction Contract for County Project #01-0045, Wastewater Pump Station Flow Meter Rehabilitations. County Administrator's Comments: County Administrator: Board Action Requested: The Board of Supervisors is requested to award the construction contract to Process Piping and Welding, Inc. in the amount of $561,348.66 and authorize the County Administrator to execute the necessary documents. Summary of Information: This project consists of installation of new magnetic flow meters in utility vaults and associated appurtenances at 11 wastewater pump stations, and delivery of another magnetic flow meter and associated appurtenances at a 12th pump station. Staff received five (5) bids ranging from $561,348.66 to $933,462.00. The lowest bid was in the amount of $561,348.66 by Process Piping and Welding, Inc. Staff evaluated the bids and recommends award of the contract to the low bidder, Process Piping and Welding, Inc. Funds are available in the current CIP. District: Preparer: ALL Roy ~. Covinyn Title:Assistant Director of Utilities Attachments: Yes No 000~ I: \DEPT\FOP~MS\AGENDA ITEM1 .WPD CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 2 of 2 Meetine Date: November 28. 2001 Number Bud.qet and Management Comments' The Board of Supervisors is requested to award the construction contract for the Wastewater Pump Station Flow ~eter Rehabilitation project to Process Piping and Welding, Inc., the lowest bidder in the amount of $561,348.66. Funds are available in the current CIP to cover the contract costs. Preparer: Rebecca T. Dickson Title: Director, Budget & Management 0 0009 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of .~ Meetin~l Date: November28, 2001 Item Number: 8.c. 3.a. Subject: Change Order #1 for Contract 98-0041 - Great Branch Tributary Sewer Assessment Districts A and B County Administrator's Comments: County Administrator: Board Action Requested: Staff recommends the Board approve Change Order #1 for $107,100.00 and authorize the County Administrator to execute the necessary documents. Summary of Information: Change Order #1 represents $107,100 for changes requested by the Developer, Piney Branch Development Company, Inc., to accommodate sewer service to GPIN 781-650-8682-00000. The Developer has agreed to reimburse the County for these additional costs. Preparer: ~ Title: Assistant Director Attachments: [-~ Yes No 000lO CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 2 of 2 Meetino Date: November 28. 2001 Number Budqet and Mana.qement Comments: The Board of Supervisors is requested to approve change order #1 for Contract 98-0041 - Great Branch Tributary Sewer Assessment Districts A and B in the amount of $107,100. Funds are sufficient in the current CIP and will be reimbursed by the developer, Piney Branch Development Company. Preparer: Rebecca T. Dickson Title: Director, Budget & Manaqement 0 0L;11 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 2 Meetin~ Date: November 28, 2001 Item Number: Su~ect: Change Order for County Project #96-0173 Route 1 Waterline Improvements, Phase III 8.C.3.b. County Administrator's Comments: County Administrator: Board Action Requested: Staff recommends that the Board approve Change Order #3 for an increase of $58,316.76 and authorize the County Administrator to execute the necessary documents. Summary of Information: Change Order #3 represents actual versus estimated quantities installed per the unit price contract and additional paving requirements. The original cost was $1,459,294.00. With this change order, the new construction cost is $1,622,411.30. The County's Engineering Consultant, Draper Aden Associates, has reviewed the changes required and recommends approval. Funds for this project are available in the current C.I.P0 District: Preparer: ~o~ ~'.~~~ Roy E. CovingtOn Title:Assistant Director of Utilities Attachments: ~-] Yes No I:~DEPT~FORMS~AGENDA ITEMI.WPD CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 2 of 2 Meeting Date: November 28. 2001 Number Budqet and Mana.clement Comments: The Board of Supervisors is requested to approve change order ~3 to county project #96-0173 - Route 1 Waterline Improvements, Phase III in the amount of $58,316.76. Funds are available in the current CIP to cover the additional cost to the project. Preparer: Rebecca T. Dickson Title: Director, Budget & Management 00~IG CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meetin~l Date: November 28, 2001 Item Number: 8.c.4.a. Subject: Approval of a Request from Wayne P., June B. & Keith W. Aldridge for an Exception to the Use of Public Wastewater for Proposed Residential Structures Located at 3600 & 3610 Newbys Bridge Road (County Project #01-0212) County Administrator's Comments: County Administrator: Boa~ Action Requested: Staff recommends that the Board of Supervisors approve Wayne P., June B. & Keith W. A~dridge's request for an exception to the use of public wastewater and authorize the County Administrator to execute any necessary documents. Summary of Information: Staff received a request on November 8, 2001 from Wayne P., June B. & Keith W. Aldridge for an exception to the use of public wastewater for their proposed homes located at 3600 & 3610 Newbys Bridge Road. Under Section 18- 61 of the Chesterfield County Code, the Board of Supervisors may grant an exception to the requirement to use public wastewater when the Director of Utilities, County Attorney and the County Administrator have determined that connecting to the utility system is physically impractical because of conflicts with other underground utilities which would prevent an extension of the utility system in accordance with the latest Chesterfield County Water and Sewer Specifications and Procedures Manual. Staff has evaluated the request and find that this ' ~uation qualifies as an exception to the use of public was.t~~,. Preparer: Title: Assistant Director Attachments: Yes ~-~ No VICINITY SKETCH 3600 & 3610 Newbys Bridge Rd. County Project # 01-0212 3600 3610 Old creek West SUbdiviSion Creekwood Subdivision Chesterfield County Department of Utilities Development Section O. 0015 NOV--~14--81 11:52 PM WAYNE P ALDRIDGE SALESTO 884 275 1371 P. 81 Chesterfield Development Section Attention: Mr. Bill Wright . P,O. Box 40 Chesterfield, VA 23832 Dear Mr. Wright, As suggested we are writing to request an exception to the requirement of Section 18-60 "Required Use Of Utility System" for the property subdivided into two parcels known as 3610 and 3600 Newsby Bridge Road. Sincerely, June B. Aldridge, Wayne P. Aldridge and Keith W. Aldridge 2415 Sherboume Road Richmond, VA 23237-1204 804 275-1371 0 0016 II CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meetin~l Date: November28, 2001 Item Number: Subject: Request Permission for Concrete Curb and Gutter to Encroach Within a Twenty-Six Foot Water and Sewer Easement and a Sixteen Foot DrainaGe Easement County Administrator's Comments: County Administrator: Board Action Requested: Staff recommends that the Board of Supervisors Grant William B. DuVal and Gene H. DuVal permission for concrete curb and gutter to encroach within a 26' water and sewer easement and a 16' drainage easement; subject to the execution of a license agreement. Summar~ of Information: William B. DuVal and Gene H. DuVal have requested permission for concrete curb and Gutter to encroach within a 26' water and sewer easement and a 16' drainage easement as shown on the attached sketch. This request has been reviewed by staff and approval is recommended. District: Clover Hill JoSn W. Harmon Yes ~-~ No Attachments: I I Title: Right of Way Mana,qer 0 0017 VICINITY SKETCH REQUEST PERMISSION FOR CONCRETE CURB AND GUTTER TO ENCROACH WITHIN A 26' WATER & SEWER EASEMENT AND A 16' DRAINAGE EASEMENT ~ITO Chesterfield County Department of Utilities Right Of Way Office 7'90 869 ,, DUVA[ go GENE H. DUVAL oo o . 735_690_4.f~9 ~'-r- d ~' ~<'p DB:1722 PG'1536 8¢~? ZONED 1.~.:1 ~'"-" 12758' SPECTRIM LN o,-,. CHESTERFIELD, VA n.-o II Iil. II il I/,..... 19$.~d I RROPERTiES:. 0'- 2638., ,i'. PG:970 ' 1 t CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of I Meetin~l Date: November 28, 2001 Item Number: 8.C.4.c. Subject: Request Permission for a Fence to Encroach Within a Sixteen Foot Alley Easement Across Lot 2, Block I, Brighton Green, Section 4 County Administrator's Comments: County Administrator: BoardAction Requestsd: Staff recommends that the Board of Supervisors grant John C. Henkle permission for a fence to encroach within a 16' alley easement across Lot 2, Block I, Brighton Green, Section 4; subject to the execution of a license agreement. Summary of Information: John C. Henkle has requested permission for a fence to encroach within a 16' alley easement across Lot 2, Block I, Brighton Green, Section 4. This request has been reviewed by staff and approval is recommended. District: Midlothian Attachments: Yes ~] No Title: Right of Way Manager ~0 0020 · VICINITY SKETCH REQUEST PERMISSION FOR A FENCE TO ENCROACH WITHIN A SIXTEEN FOOT ALLEY EASEMENT ACROSS LOT 2, BLOCK I, BRIGHTON GREEN, SECTION 4 Chesterfield County Department of Utilities Right Of Way Office RECREATION AREA ~6 BASKETBALL COURT.',', ,/ /F GROUTED RIP-RAP LINED CRE 3A LAKE INE XX - AREA TO BE LICENSED % 1 ' 38.58'1-0 THE W/LINE OF A 40' EASEMENT FOR INGRESS & EGRESS EXT'D. ~ P~LE R/S NORTH John C. Henkle 601 N. l~inetta Drive DB. 2875 PG. 378 Pin # 755-708-2614-00000 coNCRETE~ ,TORY CK & F --!00.0 N 63' 17'O0'E P b R/F I NETTA DR I VE 0 0022 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meeting Date: November 28, 2001 Item Number: 8.c. 5. Subject: State Road Acceptance County Administrator's Comments:/~__~:~ County Administrator: Board Action Requested: Summary of Information: B ERMT/DA: Greenside at Rivers Bend, Section 2 Players Court at Rivers Bend, Section 1 River Hills at Rivers Bend MATOACA: Bayhill Pointe, Section 10 Commonwealth Centre Parkway Preparer: Richard ~. McEIfish Attachments: Yes ~ No Title: Director of Environmental Engineering 0 0023 TO: Board of ~sors FROI~ Depammmt of Environnmtal Engine~g SUBJECT: State Road Acceptance - GREENSIDE AT RIVERS BEND, SEC. 2 DISTRICT: BERMUDA ~G DATE: 28 NOVEMBER 2001 ROADS FOR CONSIDERATION: GREEN GARDEN GREEN GARDEN CT GREEN GARDEN PL GR~N GARDEN TER Vicinity Map: GREENSIDE AT RIVERS BEND, SEC. 2 TO: Board of ~sors FRO~ IZlmmmnt of Envirmnmtal Engineering SUBJECT: State Road Acceptance - PLAYERS COURT AT R1VERS BEND, SEC 1 DISTRICT: BERMUDA ~G DATE: 28 NOVEMBER 2001 ROADS FOR CONSIDERATION: PLAYER Cr PLAYE~ LN Vidnity Map: PLAYERS COURT AT RIVERS BEND, SEC 1 TO: Board of Supervisors FROlVt ~t of Environamtal Engin~ SUBJECT: State Road Acceptance - RIVER Hll I S AT RWERS BEND DISTRICT: BERMUDA MEF. TING DATE: 28 NOVEMBER 2001 ROADS FOR CONSIDERATION: MIDDLF_~FF DR Vicinity Map: RIVER HIII S AT RIVERS BEND TO: Board of ~sors FROlVt ~t of Envirmnmtal Engineering SUBJF_LT: State Road Acceptance - BAYHIII~POINTE, SEC 10 DISTRICT: MATOACA MEETING DATE: 28 NOVEMBER 2001 ROADS FOR CONSIDERATION: I-in l CRERK DR SUNSET POINT CT Vicinity Map: BAYHII I, POINTE, SEC 10 0 TO: Board of Supervisors FRONt EL~mmmnt of Environrmntal Engineering SUBJECT: State Road Acceptance - COMMONWEALTH CENTRE PKWY DISTRICT: MATOACA ~G DATE: 28 NOVEMBER 2001 ROADS FOR CONSIDERATION: CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meeting Date: November 28, 2001 Item Number: 8.C. 6.a. Subject: Transfer of $1,500 in Matoaca District Improvement Funds' to the School Board to Purchase Two-Way, Security Radios for Ettrick Elementary School County Administrator's Comments: County Administrator: Board Action Requested: The Board of Supervisors is requested to transfer $1,500 in Matoaca District Improvement Funds to the School Board to purchase two-way security radios for Ettrick Elementary School. Summary of Information: Supervisor Humphrey has requested the Board to transfer $1,500 in Matoaca District Improvement Funds to the School Board for the purchase of two-way security radios to be used as part of Ettrick Elementary School's security program. This request was originally made by the Ettrick Elementary School Parent-Teacher Association (PTA). Although the County is not legally authorized to give money to private organizations like the PTA, the County can give money to the School Board for capital equipment used to provide security for County students. The radios will be owned by the School Board and will be part of the School Board's inventory of equipment. For information regarding available balances in the District Improvement Fund accounts, please reference the District Improvement Fund Report. Preparer: /~ "T'-- /"~'~'r..J~ry-,~ Rebecca T. Dickson Title: Director, Budget and Management 0423:55356.] Attachments: Yes ~ No FAX 8045200430 E/TRICK ELE~ Dig ,.'RICT IMPROVEMENT FUNDS ~02 This application mum a request for funding with I form does not mean that consider VOUr request. Vir~ the County to give public persons or organizations ;,~ Supervisors from even co n be completed and signed before the County can consider Iswict Improvement Funds. Completing and signing this /ou will receive funding or that the County can legally fla law ptaces substantial restrictions on the authority of funds, such as District Improvement Funds, to private ~ these restrictions may preclude the County's Board of idering your request. What is the name c.t the applicant (person or organization) mai< ~g this funding request? If an organization the nature and purl,, (Also attach organi:,_; articles of incorpor;[1 application.) applicant, what is of the organization? tion's most recent and/or bylaws to What is the amount:' .f funding you are seeking? Describe in detail fl, funding request and how the money, if a proved, will be spent. Is any County Dep; r ment involved in the project, event or pro lram for which you are seeking fur ( t? If this request for fur ding will not fully fund your activity or pro ] am, what other individuals or organ~: ]tions wilt provide the remainder of th:~ =unding? 0407:23380.1 NOU-13-2B~I 10:25 Pr-A,,_ 8045200430 97X P.02 11/13/2001 10:50 FAX 8045200430 ETTRI CK ELE~ ~03 If applicant is an o'I ~nization. answer the following: Is the organization ~ corporation? Is the organization f )n-profit? Is the organization 1 x-exempt? What is the address of the applicant making this funding 'equest? Page 2 Yes No Yes ,/ No Ye~ ;/ No What is the teleph,,~ e numl~r, fax number, ~:~ ~/" e-mail address of ti applicant? Signature of qpplicant. If you ara signing on behalf of an ~rganizatlon you ,must be the president, vic~-president, chairman or vice- chair - of 'e organiza,,~ Title (if slgnir~? behalf of an organizalien! //4 Printed Na~e l[ 0407'9-3380.1 11/13/2001 10:50 FAI 8045200430 P.O. Box 7038 ETTRICK, VIRGINIA 23EC Federal IDS 544F3S28~.~( ETIRI:Cl<. ~. i~3aa3- ' ...... ETTRI CK ELE~ ~ [] ~05 Se~ L. L: 777F[ift~11E ~ew.L. t: 777F9119845 · PL~ PAY BY lg~ OIC, E NO STATEMENT WILL BE SIN1' Plea~ Reei t Invoice Total 369. 369. 369. 369. ~ 369. B9 369. 88 369.88 14.76 1490.76 , .-: ..::. :..:, . . NOU-13-20Bi 10:26 8045200430 0 0082. P. 05 11/~3/200~ 10:50 FAX 8045200430 ETTRICK ELEI~ [~ 04 NOU-&3-2082 20:2~ 0045200430 D?Z P.04 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meeting Date: November 28, 2001 Item Number: 8.C.6.b. Subject: Transfer a Total of $650 in District Improvement Funds to the School Board to Purchase Two-Way Security Radios for Crenshaw Elementary School County Administrator's Comments: County Administrator: Board Action Requested: The Board of Supervisors is requested to transfer $325 in Matoaca District Improvement Funds and $325 in Clover Hill District Improvement Funds, for a total of $650, to the School Board to purchase two-way security radios for Crenshaw Elementary School. Summary of Information: Supervisors Humphrey and Warren have requested the Board to transfer $325 each from their respective District Improvement Funds, for a total of $650, to the School Board for the purchase of three two-way security radios. The radios will be used as part of Crenshaw Elementary School's security program. This request was originally made by the Crenshaw Elementary School Parent-Teacher Association (PTA). Although the County is not legally authorized to give money to private organizations like the PTA, the County can give money to the School Board for capital equipment used to provide security for County students. The radios will be owned by the School Board and will be part of the School Board's inventory of equipment. For information regarding available balances in the District Improvement Fund accounts, please reference the District Improvement Fund Report. Preparer: '?_~/5~-~ ~t~/~'w-L~ Title, Director, Budget and Management Rebecca T. Dickson 0423:55414.! Attachments: Yes [-~ No 0 0(~35 DISTRICT IMPROVEMENT FUNDS This application must be completed and signed before the County can consider a request for funding with District Improvement Funds. Completing and signing this form does not mean that you will receive funding or that the County can legally consider your request. Virginia law places Substantial restrictions on the authority of the County to give public funds, such as District Improvement Funds, to private persons or organizations and these restrictions may preclude the County's Board of Supervisors from even considering your request. What is the name of the applicant (person or organization) making this funding request? Crenshaw Elementary PTA If an organization is the applicant, what is the nature and purpose of the organization? (Also attach organization's most recent articles of incorporation and/or bylaws to application.) staff, and parents of Crenshaw To serve the children, What is the amount of funding you are seeking? $650.00 Describein detailthefunding requestand howthe money, if approved, will be spent. 3 hand-held radio,~ for security purposes and a goal of. our school improvement plan. Each radio = approximately $210.00 Is any County Department involved in the project, event or program for which you are seeking funds? No If this request for funding will not fully fund your activity or program, what other individuals or organizations will provide the remainder of the funding? 1) school monies for 2002-03 2) PTA has already purchased 2 radios this current year. 0407:23380. 0 0026 Page 2 If applicant is an organization, answer the following: Is the organization a corporation? Is the organization non-profit? Is the organization tax-exempt? Yes No Yes v/'~ No Yes v/ No What is the address of the applicant making this funding request? What is the telephone number, fax number, e-mail address of the applicant? Ann Clarke, PTA President c/o T. Crenshaw Elem. 11901 Bailey Bridge Rd. Midlothian, VA 23112 (804) 744-1066 (home) (804) 739-6250 (school) Signature of applicant. If you are signing on behalf of an organization you must be the president, vice-president, chairman or vice- chairman of the organization. Signature Title (if signing on behalf of an organization) Printed Name 0407:23380.1 0 00G7 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meeting Date: November 28, 2001 Item Number: 8. c. 7. Subject: Amendment to the Board Minutes of October 24, 2001 County Administrator: Board Action Ree_uested: Amend the minutes of October 24, 2001 as indicated below. Summary_ of Information: Following the vote to acknowledge withdrawal of Case 00SN0243, amend the minutes as follows: FROM: "Mr. Warren excused himself from the meeting." TO: "Mr. Warren excused himself from the meeting to meet with community residents who were in attendance for this zoning case." Preparer: Lisa Elko Title:Clerk to the Board of Supervisors Attachments: ---]Yes No CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 3 Meetin~l Date: November 28,2001 Item Number: 8.C.8. Subject: Transfer Funds and Authorize Award of Construction Contract for Branchway Read te Courthouse Read Connector County Administrator's Comments: County Administrator: Board Action Requested: The Board is requested to transfer $100,000 from the General Road Improvement Account for the construction of a connector road between Branchway Road and Courthouse Road. The Board is also requested to authorize the County Administrator to award a construction contract, up to $50,000, to the lowest responsible bidder. Summary ofinformation: on November 14, 2001, Hr. Roger Goad and Mr. Don Balzer appeared before the Board and requested the construction efa connecter road between the southern section ef Branchway Road and Courthouse Road. Construction ef the connecter would help address congestion and safety concerns at the Branchway Road / Seuthlake Boulevard intersection. Preparer: Attachments: UR.J. McCracken AgenS12 Title: Director of Transportation Yes No CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 2 of 3 Summary of Information: (Continued) The preliminary cost estimate for the connector road project is $100,000. RECOMMENDATION: Staff recommends the Board: Transfer $100,000 from the General Road Improvement Account for the construction of the Branchway Road to Courthouse Road Connector. Authorize the County Administrator to award a construction contract, up to $50,000, to the lowest responsible bidder. District: Midlothian CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 3 of 3 Meeting Date: November 28. 2001 Number Bud.qet and Mana.qement Comments: This request is to transfer funds and award a construction contract for a connector road between Branchway and Courthouse Roads. The estimated project cost to the county is $100,000. The balance in the FY02 General Road Improvements account is $1,016,747 (before reduction for FY03 Enhancement Projects). Staff recommends approval of the transfer of up to $100,000 from the General Road Improvements Account for this project. If approved, the remaining balance in the General Road Improvements account will be $916,747. Should the FY03 Enhancement Projects be approved in addition to this project, the remaining balance in the General Road Improvements account would be $614,747. P repa re;.'~'~<-I Rebecca T. Dickson Title: Director, Budget & Manaqement BRANCHWAY ROAD TO COURTHOUSE ROAD CONNECTOR PROJECT BUDGET CONNECTOR ROAD ESTIMATED COST Preliminary Engineering Environmental / Cultural Resource Study Right-of-Way Utility Adjustments Road Construction Construction Contingency Construction Administration and Inspection Mitigation TOTAL: * Provided by others. $0' $o $o $30,OOO $35,000 $2O,OOO $15,000 O* $1oo,ooo 0 O042 BRANCHWAY ROAD TO COURTHOUSE ROAD CONNECTOR 0.3 0 0,3 0.6 Miles , I PROPOSED CONNECTOR ROAD CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meetin~ Date: November28, 2001 Item Number: 8.C.9. Subject: Request to Quitclaim a Water Easement Across the Property of Patrick-Loughran Partnership County Administrator's Comments: County Administrator: Board Action Requested: Staff recommends that the Board of Supervisors authorize the Chairman of the Board of Supervisors and the County Administrator to execute a quitclaim deed to vacate a water easement across the property of Patrick-Loughran Partnership. Summary of Information: Patrick-Loughran Partnership, has requested the quitclaim of a variable width water easement as shown on the attached plat. This request has been reviewed by staff and approval is recommended. District: Dale Preparer: John W. Harmon Attachments: Yes ~---] No Title: Right of Way Manager VICINITY SKETCH REQUEST TO QUITCLAIM A WATER EASEMENT ACROSS THE PROPERTY OF PATRICK-LOUGHRAN PARTNERSHIP Chesterfield County Department of Utilities Right O~ W~y O~ce ~223' Potr/ok-Loughran t?arfnersh/p ~ D.B. JT?O Pin No.: 779-666-6250-00000 9501 Salem Church Road **Temporoo/ Turnaround Easement to revert to underlying ownor8 upon the fo/lowing! 1. Dedication of the right-of--way for the extension of Lockbero/ Ridge Loop Z Construction of the extendon of Lockb~r~ R¢d9~ Loop R~movo/ of the pawmant w/thin the Temporo¢ Tu~oround E~s~ment · Lot 9 N=3,666,077.74 E=11,779,385.88 Lot 7 [ Lot 8 lo' x,%; lll ,o,,o t r=PJ. 97' ~-' construction CB=SJ8'O2 '$9 '~ L=245.99' R-S0, 00' ?=42.26' ~ 0B=S68'41 '38'3 '~ 0H=64,55' 0=279 '35 "$9 D~Ig' 54'26' '] '~mporo¢ Tumoround Pos~mmnt ~ ' ~ot~r Eo~em~nt R=50' R= l SO. O0' N=3,666,058,35 O=17' P4 "27' ' Pot~ck-Loughron Po~nemh~ ~J770 Pg. TJ4 Pin No.: 779-666--6250-0000 9JOI So/em Church Road CH=4~. 62' Eosernent o-a6 'az 'ss "3_[_ Ob ~ CHURCH RO~ 0 ~o Stot~ Rou~e 642 Co. Pro)~ ~ A ~0' TE~PO~RY ~RNAROUND 2ooo-0,o7 ~ S~MENT AND A ~A ~R ~EM~ DATE:June 2, ~000 ~ YING SOUTH OF ~O~RRY RID~E LOOP ~ ~=. .~. SCA~d'=~O' Dele District JoB N0:194~6-~ Chesteff/e/d County, Virg/ni~ 0 0046 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of I Meetin~l Date: November 28, 2001 Item Number: 8.C.10.a. Subiect: Acceptance of a Parcel of Land Along the North Right of Way Line of River Road from S. B. Cox, Inc. County Administrator's Comments: County Administrator: Board Action Reques~d: Staff recommends that the Board of Supervisors accept the conveyance of a parcel of land containing 1.26 acres along the north right of way line of River Road (State Route 602) from S. B. Cox, Inc., and authorize the County Administrator to execute the necessary deed. Summary of Information: It is the policy of the County to acquire right of way whenever possible through development to meet the ultimate road width as shown on the County Thoroughfare Plan. The dedication of this parcel conforms to that plan, and will decrease the right of way costs for road improvements when constructed. District: Matoaca Preparer: ~ John W. Harmon Attachments: Yes ~-] No Title: Ri.qht of Way Mana.qer 0047 VICINITY SKETCH Acceptance of a parcel of land along the north right of way line of River Road from S.B. Cox, inc. Chesterfield County Department of Utilities Right Of Way Office ROAD ~ RTE, ~ '"~'~'""~,.~. ~ ~ ',' ~ tm , ~ ?~ m ' ~Om ,.49 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meetin~l Date: November 28, 2001 Item Number: 8.C.10.b. Subject: Acceptance of Three Parcels of Land Situated West of Warbro Road from Homer Investments, LLC County Administrator's Comments: County Administrator: BoaRAction Requestsd: Staff recommends that the Board of Supervisors accept the conveyance of three parcels of land containing a total of 2.165 acres from Horner Investments, LLC, and authorize the County Administrator to execute the necessary deed. Summary of Information: Staff requests that the Board of Supervisors accept the conveyance of three parcels of land containing a total of 2.165 acres situated west of Warbro Road (State Route 907). This dedication is for the development of Martin' Marietta - Midlothian Quarry Entrance Relocation. Approval is recommended. District: Clover Hill Preparer: John W. Harmon Title: Right of Way Manager Attachments: Ycs No ¢0 0{~50 · VICINITY SKETCH Acceptance of three parcels of land situated west of W arbro Road (State Route 907) from Horner Investments, LLC POWHI~E PY GENITO RD Chesterfield Count-f Department of Utilities Right Of Way Office CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meeting Date: November 28, 2001 Item Number: 8.C. ll.a. Subject: Set a Public Hearing to Consider Amending the County Code to Allow for Collection of Emergency Response Costs Incurred in Responding to DUI Incidents County Administrator's Comments: County Administrator: Board Action Requested: The Board of Supervisors is requested to set a public hearing on December 19, 2001, to consider amending the County Code to allow for reimbursement of emergency response expenses incurred by public safety departments responding to DUI incidents. Summary of Information: The Board previously voted to consider the adoption of this ordinance as permitted by enabling legislation passed during the 2001 General Assembly. Virqinia Code Section 15.2-1716 provides that a locality, or volunteer rescue squad, may seek reimbursement of costs incurred from a person who is convicted of driving a motor vehicle or watercraft while intoxicated and who has caused an accident because of their intoxication. The ordinance provides that the County may bill a flat fee of $100 or a minute-by-minute accounting of the actual costs incurred. The maximum amount that can be collected for any one accident is a total of $1,000. These limits are consistent with the state legislation. The ordinance defines "appropriate emergency response" to include all costs of providing law-enforcement, fire- fighting, rescue, and emergency medical services. The Fire Department and the Police Department have participated in the drafting of this ordinance and support its adoption. Preparer: ~~,~.~., ~(..~3 Title: County Attorney Steven L. Micas 1305(23) :55017.1(54930.1) Attachments: Yes [-~ No AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED BY ADDING AND ENACTING ARTICLE V, SECTION 13-71 RELATING TO REIMBURSEMENT OF EXPENSES INCURRED IN RESPONDING TO DUI INCIDENTS BE IT ORDAINED by the Board of Supervisors of Chesterfield County: That Article V, Section 13-71 of the Code o_f the Count_ o_f Chester_field 1997, as amended is added and enacted to read as follows: Article V. Reimbursement of Expenses Section 13-71. Reimbursement of Expenses Incurred in Responding to DUI Incident. Any person who is convicted of a violation of Virginia Code Sections 18.2-51.4, 18.2-266, or 29.1-738, or a similar County ordinance, when a person's operation of a motor vehicle, engine, train or water craft while so impaired is the proximate cause of any accident or incident resulting in an appropriate emergency response, shall be liable in a separate civil action to the County or to any volunteer rescue squad, or both, which may provide such an emergency response for the reasonable expenses thereof, in the amount not to exceed $1,000 in the aggregate for a particular accident or incident occurring in the County. In determining the "reasonable expense," the County may bill a flat fee of $100 or a minute- by-minute accounting of the actual costs incurred. As used in this section "appropriate emergency response" includes all costs of providing law-enforcement, fire-fighting, rescue, and emergency medical services. (2) That this ordinance shall become effective immediately upon adoption. 1305(23):54930.1(55017.1) CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of 2 Meeting Date: November 28, 2001 Item Number: 8.C. ll.b. Subject: Set a Public Hearing to Consider Amending Section 13-41 of the County Code to Increase the Penalty for Unlawful Parking, Clarify the Provisions Regarding Unlawful Parking in Handicap Zones, and Streamline the Process for Contesting Parking Notices County Administrator's Comments: County Administrator: Board Action Requested: The Board of Supervisors is requested to set a public hearing on December 19, 2001, to consider amending Section 13-41 of the County Code to increase the penalty for unlawful parking, clarify the provisions regarding unlawful parking in handicap zones, and streamline the process for contesting parking notices. Summary of Information: The 2001 General Assembly amended Virginia Code § 46.2-1220 to allow Chesterfield County to increase the penalties for unlawful parking. Under existing County Code Section 13-41, the penalty for unlawful parking is $15.00. The Board previously voted to hold a public hearing to consider increasing the penalty for such violations from $15 to $25. This increase is intended to deter unlawful parking in both residential and commercial areas. Funds generated from parking offenses are retained by the County. The penalty for unlawful parking in handicap zones is $100 and was not affected by the new state legislation. However, Staff recommends that the section on unlawful parking in handicap zones be clarified to include prohibiting unlawful parking in handicap spaces located at retail, Preparer: ~.~-~.~. ~cc~ Title: County Attorney %~evenL. Micas 1300 (05) (23) :54653.1 (54627.1) Attachments: Yes ~ No Meeting Date: CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA November 28, 2001 Item Number: Page 2 of 2 commercial, office or business parking lots. Currently, the ordinance only prohibits unlawful parking in reserved handicap spaces at shopping centers and offices. This provides a loophole for some freestanding commercial outlets, such as convenience stores, which has hampered police enforcement of the existing ordinance. Finally, the process for contesting parking notices in Section 13-41 has been streamlined to allow the Treasurer's Office to certify directly to the General District Court the appeal of a parking notice by a citizen. This change is technical in nature and conforms to the procedure outlined in the state enabling legislation. The Police Department, the Treasurer's Office and the Clerk of the General District Court have participated in the drafting process of the amendments and support the changes. The delayed effective date of March 1, 2002, was requested by the Police Department to allow them time to implement the changes and obtain the new forms that would be required to reflect the increased penalty. 1300(05) (23):54653.1(54627.1) 0 00,57 AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED BY AMENDING AND RE-ENACTING SECTION 13-41 RELATING TO UNLAWFUL PARKING BE IT ORDAINED by the Board of Supervisors of Chesterfield County: That Section 13-41of the Code of the Count~ of Chesterfield. 1997, as amended, is amended and re-enacted to read as follows: Sec. 13-41. Unlawful parking generally. (a) No person shall park a vehicle on county-owned or other public property in violation of any of the provisions of this subsection (a). Any person who receives written notice from a police officer that he has committed any of the offenses listed in this subsection may waive his right to appear and be formally tried for the offense. The waiver shall be effective when the person (i) voluntarily pays ~ ~ ~ ~^ ,,~ ~.v,, $25.00 to the county treasurer's office within five days after receipt of the notice or (ii) voluntarily places,~.~.,,,, v' ~ ~^ $25.00 in the reply mail envelope on which the notice of violation is printed and mails it to the county treasurer's office so that it is postmarked within five days after receipt of the notice. Such person shall not thereafter be required to appear before the general district court for trial upon the ehaege offense set forth in the notice. Such offenses shall include parking a vehicle: (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) (12) (13) On a sidewalk. In front of a public or private driveway. Within an intersection. Within 15 feet of a fire hydrant or in any way that obstructs a fire hydrant. In a crosswalk. Within 20 feet of a crosswalk at an intersection. Within 30 feet of the approach to any flashing beacon, stop sign or traffic-control signal located at the side of a roadway. Between a safety zone and the adjacent curb or within 30 feet of points on the curb immediately opposite the ends of a safety zone, unless a different length is indicated by official signs or markings. Within 50 feet of the nearest rail of a railroad grade crossing. Within 20 feet of the driveway entrance to any fire station, or when posted, within 75 feet of the entrance on the side of a street opposite the entrance to any fire station. Alongside or opposite any street excavation or obstruction when such parking would obstruct traffic. On the roadway side of a vehicle parked at the edge or curb of a street. Upon any bridge or other elevated structure on a street or highway or within a tunnel. 1305(00)(23):54627.1 (54653.1) (14) (15) (16) (17) (18) (19) (2O) (21) (22) At any place where official signs prohibit parking. More than 18 inches from the curb in areas where parking is permitted. Within any established fire lane. In a permitted parking space for any period of time over the posted time limit for such parking space. On any county-owned property where such parking is prohibited or violates any county regulation. For the purposes of this paragraph, the county administrator is hereby authorized and directed to adopt regulations that prohibit parking vehicles on county-owned property, to classify vehicles with reference to parking, to designate the time, place and manner in which such vehicles may be allowed to park and to revoke, alter or amend such regulations at any time when, in his opinion, parking conditions require. The chief of police shall enforce such regulations pursuant to the requirements of this section. As agent for the county, the chief of police shall, when appropriate, provide for towing and removing motor vehicles in violation of this subsection pursuant to the authority set forth in Code of Virginia, §§ 46.2-1231--46.2-1233, as amended. On or in any street, alley or parkway for the purpose of selling or offering the vehicle for sale or rent. No sign or lettering shall be attached or placed upon any automobile, truck, trailer or other vehicle parked in or upon any public street, alley or parkway in the county indicating that such vehicle is offered for sale or for rent. It shall also be unlawful to park any vehicle from which any merchandise is being sold on any street in a business district. It also shall be unlawful to stop a vehicle at any time upon the highway for the purpose of advertising any article of any kind, or to display on the vehicle advertisement for any article, including advertising the sale of the vehicle itself. On or alongside the roads, highways and streets of the county or of the state in the county, when such person is parking the vehicle for commercial purposes. The provisions of this paragraph (20) shall not apply to motor vehicle carriers when picking up or delivering passengers or merchandise. Having no current state or county license on any highway when such license is required by law. In a manner that prevents the use of a curb ramp located on public property or on private property which is open to the public. (b) No person shall park a vehicle on private property, including private parking lots open to the public and designated to accommodate more than 50 vehicles, in violation of the provisions of this subsection (b). Any person who receives a written notice from a police officer that he has committed any of the offenses listed in this subsection (b) may waive his right to appear and be formally tried for the offense. The waiver shall be effective when the person (i) voluntarily pays $15.00 $25.00 to the county treasurer's office within five days after receipt of the notice or (ii) voluntarily places $15.00 $25.00 in the reply mail envelope on which the notice of violation is 1305(00)(23): 54627.1 (54653.1) 2 printed and mails it to the county treasurer's office so that it is postmarked within five days after receipt of the notice. Such person shall not thereafter be required to appear before the general district court for trial upon the ~ offense set forth in the notice. Such offenses shall include parking a vehicle: (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) (12) (13) (14) (15) On a sidewalk. In front of a public or private driveway. Within an intersection. Within 15 feet of a fire hydrant or in any way obstructing such fire hydrant. In a crosswalk. Within 20 feet of a crosswalk at an intersection. Within 30 feet of the approach to any flashing beacon, stop or traffic-control signal located at the side of a roadway. Between a safety zone and the adjacent curb or within 30 feet of points on the curb immediately opposite the ends ora safety zone, unless a different length is indicated by official signs or markings. Alongside or opposite any street excavation or obstruction when such parking would obstruct traffic. On the roadway side of any vehicle parked at the edge or curb of a street. At any place where official signs prohibit parking. In designated travel lanes established for such parking lots. Within any established fire lane. On any private lot Or lot area without the express or implied consent of the owner thereof. Wherever signs or markings have been erected on any lot or lot area contiguous or adjacent to a street, thoroughfare or alley which indicate that no vehicles are permitted to stand or park thereon, it shall be unlawful for any person to drive a vehicle across any curb or lot line or over any driveway from a street or alley into such lot or area for the purpose of standing or parking such vehicle, or for any person to stop, stand or park any vehicle in such lot or lot area. In such a manner that prevents the use of a curb ramp located on public property or on private property which is open to the public. (c) It shall be unlawful for any person to park a motor vehicle in violation of the provisions of this subsection (c). Any person who receives written notice from a police officer that he has committed the offense set forth in this subsection (c) may waive his right to appear and be formally tried for the offense. The waiver shall be effective when the person (i) voluntarily pays $100.00 to the county treasurer's office within five days after receipt of the notice or (ii) voluntarily places $100.00 in the reply mail envelope on which the notice of violation is printed and mails it to the county treasurer's office so that it is postmarked within five days after receipt of the notice. Such person shall not thereafter be required to appear before the general district court for trial upon the charge offense set forth in such notice. Such offense shall include parking a vehicle: In a parking space reserved for the handicapped on public property or at privately ownedo*~'~vP*-~~'~---: ......... ,,,,~.~,,.o aad c~.q'*2cc$ retail, commercial, office or business parking lots or facilities. The provisions of subsection 1305(00)(23): 54627.1 (54653.1) 3 0 (c) shall not apply to (i) any handicapped person possessing and properly displaying disabled parking license plates, organizational removable windshield placards, permanent removable windshield placards, or temporary removable windshield placards issued by the state department of motor vehicles under Code of Virginia, § 46.2-731, or any other person transporting a handicapped person displaying such plate or placard; or, (ii) any disabled veteran driving a motor vehicle displaying disabled parking license plates issued under Code of Virginia, § 46.2-73903), or any other person transporting a disabled veteran in a motor vehicle displaying such license plates. (d) Whenever a "reply mail" envelope is used for transmitting any cash, check, draft or money order by mail to the county treasurer's office, under the provisions of this section, the registered owner of the vehicle that was parked in violation of this section shall be responsible for ensuring that the cash, check, draft or money order is received by the county treasurer. (e) Any person who receives a notice pursuant to subsection (a), (b) or (c) of this section and who wishes to contest the offense cited in the notice, may, within five days after receipt of the ti app th -*'~-- ~*'-~ ~-~- ~-**'~ .......~ ~:~'-: ........ ty treasurer's ffi h no ce, ear at e v,,,,~,~ u, ~,,,~ ~,~,,~,~l u,o~t~,~ ~um[ coun o ce to ave his case placed on the cou~ docket for trial. The contest of the p~king notice shall be ceffified to the appropriate general district cou~ by the county treasurer's office on an appropriate fo~. The contest of the parking citation notice shall be ce~ified by the clerk of the general district coua to be placed on the co~'s docket for trial. (f) Any person who receives a notice pursuant to subsection (a), (b) or (c) of this section, and who fails to comply with subsections (a) through (e) of this section within five days shall be c.~^~,~,~,~,~ assessed an additional penalty as follows: (1) Failure to comply with notice issued pursuant to subsection (a) or contest citation under subsection (e): $10.00. (2) Failure to comply with notice issued pursuant to subsection (b) or contest citation under subsection (e): $10.00. (3) Failure to comply with notice issued pursuant to subsection (c) or contest citation under subsection (e): $15.00. In addition, a summons may be issued for such person under Code of Virginia, §§ 46.2-941 and 46.2-1225, as amended. (Code 1978, § 14.1-14; Ord. of 3-13-96, § 1; Ord. of 8-26-98, § 1) State law reference(s)--Basis of this section, Code of Virginia, § § 46.2-1220, 46.2-1221, 46.2-1224, 46.2-1225, 46.2-1237, 46.2-1239, 46.2-1306 (2) That this ordinance shall become effective on March 1, 2002. 1305(00)(23):54627.1(54653.1) 4 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of:~ Meetin~l Date: Subject: November 2 8, 2 0 0 ]. Item Number: 8oC.11.c. Bet & Public Hearing Date to Revise FY02 School Board Grants County Administrator's Comments: County Administrator: Board Action Requested: The School Board requests the Board of Supervisors to set a public hearing date to increase estimated revenues and appropriations in the School Grants Fund by $1,887,347. Summary of Information: Chesterfield County Public Schools (CCPS) receives grants from various funding sources each year. The FY02 School Board Approved Financial Plan included an appropriation of $14,684,600 and 272.2 full-time equivalent (FTE) positions in the School Grants Fund for twenty-nine (29) grants plus Grants Administration. In addition, the School Board applies for additional grants during the year to enhance the instructional program. CCPS staff has written three new grants and twenty-five (25) existing grants have received awards for FY02. One grant, Title IX 21~t Century Community Learning Grant for $314,600 with one FTE was not approved for FY02. These revisions need to be reflected in the School Grants Fund for an additional appropriation of $1,887,347. Preparer: Title: Attachments: y K Cannaday, Yes No Superintendent CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 2 of 3 ,Evaluation/Analysis Notifications have been received from the various funding sources (Federal, State, and local) regarding the actual grant awards. Attachment A reflects the FY2002 approved budget for grants compared to actual grant awards received. Below is a brief description for the three new grants. Crestwood Bicycle Safety Grant $1,749 CCPS received notification from the State Department of Education of a grant award for Crestwood Elementary School for bicycle safety. Funds have been received from the State and the funds need to be appropriated to purchase the bicycle shed that was requested in the grant proposal. No local funds are involved. Virginia Advisory Education of the Gifted Co~m,~ttee 5,000 CCPS has been requested to serve as fiscal agent to administer activities for the Virginia Advisory Education of the Gifted Committee in FY02. The State has awarded CCPS $5,000 for anticipated expenses relative to this committee. These funds need to be appropriated in order to correctly account for these expenditures. No local funds are involved. AKC Fund Visual Arts Grant 5,000 A donation was made to CCPS to support 93 art educators to participate in the VAEA Conference. Funds need to be appropriated in order to spend them as approved. No local funds are involved. 0 006 3 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 3 of 3 Meetino Date: November 28. 200t Number Bud_clet and Mana.qement Comments: The School Board is requesting that the Board of Supervisors set a public hearing to consider the appropriation of $1,887,347 in additional grant funds. As detailed in the attached, the School Board has received notification of three new grant awards as well as notification regarding revisions to existing grants for FY2002. Revisions to existing grant awards include a net increase of $1,730,485 in federal grants, a net increase of $20,511 in state grants (including $11,749 for three new grants), and a net increase of $136,351 in local grants (including $68,351 in grants administration). These changes will increase the Instruction appropriation category by $1,818,996 and the Administration/Attendance and Health category by $68,351 and will provide a more accurate reflection in the accounting records of actual grant dollars to be received in FY2002. Preparer: Rebecca T. Dickson Title: Director, Budget & Management Attachment A-1 FY02 School Board Grant Revisions Federal Grants FY02 Approved FY02 Award Variance FTE Special Education IDEA 5,300,000 6,315,750 1,015,750 1.2 Special Education Preschool 250,000 244,290 -5,710 -1.0 Carl Perkins Vocational Ed 500,000 546,684 46,684 0.1 Title I 2,100,000 2,628,425 528,425 5.5 Title I Bensley Innovative 50,000 0 -50,000 0.0 Title II 150,000 203,846 53,846 0.0 Title VI 205,000 210,687 5,687 0.0 Title VI Class Size Reduction 600,000 794,060 194,060 3.0 Headstart 950,000 1,154,642 204,642 3.0 Interpreter Training 16,500 7,500 -9,000 1.2 Drug Free Schools 180,000 185,012 5,012 1.4 Harrowgate Conflict Resolution 11,000 6,975 -4,025 0.0 High Schools That Work 10,000 10,850 850 0.0 Middle School Student Assistance 242,800 242,800 0 0.0 21~t Century Learning 314,600 0 -314,600 - 1.0 Jobs for Virs~inia Graduates 86,000 86,000 0 0.0 Manchester Community Service 13,000 8,000 -5,000 0.0 Thomas Dale Community Service 8,000 8,000 0 0.0 SLIVER Grant 0 63,882 63,882 0.0 School to Work 450,300 450,316 16 0.0 Readin[~ Excellence Grant 382,00 383,166 -34 0.0 Sub-totalFederal 11,820,400 13,550,885 1,730,485 12.2 State Grants FY02 Approved FY02 Award Variance FTE Truancy Reduction 20,800 20,808 8 0.0 V-GAP 73,000 73,000 0 0.0 ISAEP 48,500 49,217 717 0.0 Crestwood Bicycle Safety 0 1,749 1,749 0.0 Governor's Technology Initiative 1,584,000 1,610,000 26,000 0.0 Governor's Best Practice Centers 60,000 42,804 -17,196 0.0 Dropout Prevention 321,000 320,233 -767 0.0 VA Gifted Advisory Committee 0 5,000 5,000 0.0 Visual Arts Grant 0 5,000 5,000 0.0 Sub-total State 2,107,300 2,127,811 20,511 0.0 Attachment A-2 FY02 School Board Grant Revisions Local Grants FY02 Approved FY02 Award Variance FTE Truancy Reduction 105,300 130,300 25,000 0.0 Ettrick Parent Liaison 0 37,000 37,000 1.0 Dropout Prevention 75,400 75,400 0 0.0 High Schools That Work 5,000 5,800 800 0.0 Life Skills Training (Summer) 60,000 60,000 0 0.0 Juvenile Accountability Incentive 20,000 20,000 0 0.0 Bensley Tutorial Grant 6,000 6,000 0 0.0 Governor's Technology Initiative 316,800 322,000 5,200 0.0 Grant Administration 168,200 236,751 68,351 1.0 Sub-total Local 756,700 893,251 136,351 2.0 ITOTALS I 14,684,400 I 16,571,947 11,887,347 [14.2 I VIRGINIA: At a regular meeting of the Chesterfield County School Board held Tuesday evening, November 13, 2001, at seven-thirty o'clock in the Public Meeting Room at the Chesterfield County Courthouse Complex PRESENT: Marshall W. Trammell, Jr., Chairman James R. Schroeder, D.D.S., Vice-Chairman Elizabeth B. Davis Lloyd A. Lenhart Dianne E. Pettitt RESOLUTION On motion of Mrs. Davis, seconded by Dr. Schroeder, the School Board requests the Board of Supervisors to set a public hearing date and hold a public hearing to approve an increase of $1,650,596 to the Instruction appropriation category for the following grants: Grant Title Special Education IDEA Preschool IDEA Special Education SLIVER Grant Carl Perkins Vocational Education High Schools That Work School to Work Title I Title I Bensley Innovative Title II Eisenhower Math/Science Title VI Title VI Class Size Reduction Headstart Special Education Interpreter Training Drug Free Schools Harrowgate Conflict Resolution 21't Century Learning Manchester Community Services Reading Excellence Grant Sub-total Federal Funding Source Amount Federal IDEA 1,015,750 Federal IDEA -5,710 Federal IDEA 63,882 Federal Perkins 46,684 Federal Perkisn 850 Federal Perkins 16 Federal Title I 528,425 Federal Title I -50,000 Federal 53,846 Federal 5,687 Federal 194,060 Federal 204,642 Federal -9,000 Federal Drug Free 5,012 Federal Drug Free -4,025 Federal -314,600 Federal -5,000 Federal -34 1,730,485 Truancy Reduction ISAEP Crestwood Bicycle Safety Grant Governor's Technology Initiative Governor's Best Practice Centers Dropout Prevention Virginia Advisory Committee for Gifted Visual Arts Grant Sub-total State State 8 State 717 State 1,749 State 26,000 State -17,196 State -767 State 5,000 State 5,000 20,511 0 Grant Title Truancy Reduction Ettrick Parent Liaison High Schools That Work Governor's Technology Initiative Sub-total Local Funding Source Local Local Local Local Amount 25,000 37,000 800 5,200 · 68,000 Total Increase to Instruction Appropriation Category $1,818,996 And, increase the Administration/Attendance & Health appropriation category by $68,351 for local funds from indirect cost recovery. Patricia W. Bartlam, Clerk Billy-~. Cat~a~lay, Jr., Ed~/O~rintendent 000G8 PRESENT: VIRGINIA: At a regndar meeting of the Chesterfield County School Board held Tuesday evening, November 13, 2001, at seven-thirty o'clock in the Public Meeting Room at the Chesterfield County Courthouse Complex Marshall W. Trammell, Chairman James IL Schroeder, D.D.S., Vice-Chairman Elizabeth B. Davis Lloyd A. ~ Dianne E. Pettitt RESOLUTION WHEREAS the School Board (the "School Board") of the County of Chesterfidd, Virginia (the "County') approved a six-year capital improvement plan on January 9, 1996 misting of $174,799,000 of anticipated general obligation bonds plus $33,660,000 from the Reserve for School Capital Projects, for a total School Capital Improvement Plan (the "Plan") costing $208,459,000 over the six-year period from FY1997 through FY2002; and WHEREAS, the County Board of Supervisors subsequently approved the Plan for school capital improvements on April 10, 1996; and WHEREAS, County citizens approved the referendum November 5, 1996, for the sale of general obligation bonds for school projects in the amount of $174,799,000; and, WHEREAS, there is a need to sell $15,835,000 of the general obligation bonds during the first quamr of 2002 to continue work on the projects during this current fiscal year in order to complete the projects as scheduled in the Plan; NOW THEREFORE BE IT RESOLVED, that on motion of Mrs. Pettitt, seconded byMr. Lenhart, the School Board does hereby (i) request, pursuant to Section 15.1-227.41 of the Virginia Code, that the Board of Supervisors of the County of Chesterfield approve a resolution and issue its general obligation school bonds in an aggregate principal amonnt not to exceed $15,835,000 (the "Bonds") for the purpose of financing certain capital projects for school purposes; and (ii) consent, pursuant to Section 15.1-227.39.A of the V'uginia Code and Article VIi Section 10Co) of the Constitution of Virginia, to the issuance of the Bonds. Billy K. Cat~y, Jr., SuperinTt 0 00GL CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meetin~l Date: November 28, 2001 Item Number: 8.C.11.d. Subject: Set a Public HearinG for December 19 to Amend Section 2-79 of the County Code To Include Background Checks for Parks & Recreation Maintenance Crews Count Adm' istrat_or's .C _ m_m. ents, County Administrator: Board Action Requested: Set a public hearing for December 19 to amend Section 2-79 of the County Code. Summary of Information: In 1996, the Board entered into an agreement with the School Board to consolidate school grounds maintenance under the County's Parks and Recreation Department. The County maintains most exterior property such as ballfields, signs and playground equipment while School Board personnel maintain interior courtyards, parking lots, sidewalks, security and flashing lights and electrical and plumbing facilities. Although these maintenance crews of the County and School Board are performing similar custodial duties at the same location, they are subject to different employment terms and conditions. School personnel are required by state law to undergo extensive background screening and are subject to termination or disciplinary action if they have ever been convicted of a felony or a Class 1 Misdemeanor. Parks and Recreation maintenance crews, however, are not subject to any special background screening. As a result, Parks and Recreation maintenance crews have access to school children that equals or exceeds that of school personnel, but are subject to less stringent employment standards. Staff recommends setting a public hearing to consider amending the County Code to require background checks so that maintenance crews at the schools and School Board employees are treated similarly. Preparer: ~ . )~_C ~ ~ S}even L. Micas .... Title: County Attorney 0614:55279.1 Attachments: Yes ~ No AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, t997, AS AMENDED BY AMENDING SECTION 2-79 RELATING TO CRIMINAL HISTORY SEARCHES ON EMPLOYEES WHO PROVIDE MAINTENANCE SERVICES AT COUNTY SCHOOLS BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That the Code of the Coun_ty o_f Chesterfield, 1997, as amended, is amended by re- enacting section 2- 79 as follows: Section 2-79. Personnel background searches. (a) In addition to other background searches authorized by local, state or federal law, the county administrator and his designees are authorized to conduct (1) criminal history record searches (2) sex offender and crimes against minors registry searches and (3) child protective services central registry searches on full-time and part-time county employees who provide services to juveniles or who provide maintenance services at county schools, and applicants for county employment, both full-time and part-time, who will hold such positions l:n'ox,ide servie~ try-jnveni~ and who have received a conditional offer of employment. (b) In addition to other background searches authorized by local, state or federal law, the county administrator and his designees are authorized to conduct (1) criminal history record searches (2) sex offender and crimes against minors registry searches on volunteers for county departments who will provide services to juveniles, and volunteer rescue squads. (c) The county administrator is authorized to identify employee and volunteer positions which meet the criteria of subsection (a) and (b) and to incorporate such list into an administrative policy which implements the provisions of this section. Such administrative policy shall indicate whether such searches shall be universal or random and shall identify consequences for past behavior. (c) All employees, volunteers and applicants identified in subsections (a) (b) or (c) shall execute, as a condition of employment or service, the necessary documents to permit the searches described in this section and shall cooperate with all agencies providing information. (d) Any employee disciplined as a result of a background search may grieve such discipline in accordance with the county grievance procedure. (e) In the interest of public welfare and safety it is necessary to determine whether the past criminal or protective services conduct of each person described in subsections (a) and (b) is compatible with the nature of each person's employment. (2) That this ordinance shall become effective immediately upon adoption. 0614:55035.1 0 0071 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 2 Meetin~l Date: November 28, 2001 Item Number: 8.C. 12. Subject: Spot Blight Ordinance for Dilapidated Buildings County Administrator's Comments: - County Administrator: Board Action Requested: Refer the development of a Spot Blight Ordinance for dilapidated buildings to the Planning Commission for study and recommendation as authorized by Section 36-49.1:1 of the Code of Virginia. Summary of Information: Recently the Code of Virginia was amended to allow counties the ability to address spot blight. While the Virginia Uniform Statewide Building Code authorizes localities to make unsafe conditions safe by removing buildings or securing them, this authority is limited to conditions which endanger the public. For a building to meet this criteria it must significantly deteriorate to the point where the potential for a collapse is likely to endanger the public. Vacant and dilapidated buildings rarely meet this criteria, although they negatively impact the surrounding community as they progressively deteriorate. In 1999, the County Administrator formed a Neighborhood Strategy Team to research the health of the County's communities and identify ways to maintain and improve the health of the County's neighborhoods. One of the recommendations of the group included considering adoption of a Spot Blight Ordinance under authority recently granted to counties by the Code of Virginia. For the first time, this fiscal year, the Board approved funding ~nt Program in the amount of $75,000 to remove unsafe in the Capital~provem( and di lapi~~ui~in~b Preparer: I/il////,,¢~ I/// /l J/l~ ~~ar~ ~'. ~1 e r A~achments' ~ Yes No Title: Buildinq Official # 0 O0, TZI CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 2 of 2 Based upon the Neighborhood Strategy Team's recommendation, the staff is initiating this request to have the Planning Commission study the issue and develop appropriate recommendations for the Board of Supervisors' review and consideration. 0 007~ CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meeting Date: November 28, 2001 Item Number: Subject: Amendments to the Chesterfield County Supplemental Retirement Plan County Administrator's Comments: County Administrator: Board Action Requested: Approval of the amended and restated Chesterfield County Supplemental Retirement Plan. The trustees are Mr. Bradford Hammer, Col. Carl Baker and Mr. Richard Cordle. They recommend and concur with these changes. Summary of Information: The Chesterfield County Supplemental Retirement Plan has been rewritten and restated to reflect changes in federal law, the need to make the plan easier to administer by restating the plan to be similar to private sector plan standards, and the addition of plan provisions to allow excess benefits to be paid to qualified individuals who may exceed IRS public retirement thresholds in the future. All of the changes are effective July 1, 2001 and have no material fiscal impact on the short term or long term cost of the plan. A summary of the changes is included on the first page of the attachment followed by the restated and amended plan. Bradford S. Hammer Attachments: Yes ~-~ No Title: Deputy County Administrator 0 0074 Summary of Changes to County Supplemental Retirement Plan Amendment and Restatement of Document Required to Reflect Provisions of Several Laws Enacted Since 1994 - New laws reflected in document changes required for all qualified plans include the Retirement Protection Act of 1994, Uniformed Services Employment and Reemployment Rights Act of 1994, Small Business Job Protection Act of 1996, Taxpayer Relief Act of 1997, and IRS Restructuring and Reform Act of 1998 - Overall structure and wording made more consistent with private sector plan standards - Family aggregation rules repealed - Protection provided to employees for military service and to reemployed veterans - Multiple plan benefit limits repealed for combinations of defined benefit and defined contribution plans - Extend $5,000 cashout limit to ancillary plan benefits - Age 70½ minimum distribution requirement removed - Several other minor changes and required language reflected Implementation of Qualified Governmental Excess Benefit Arrangemenl Established as permitted under Intemal Revenue Code Section 415(m) Benefits are nonqualified, with amounts being the excess over Section 415 limits Virginia Code requires Section 415 benefit reductions to be applied to benefits under SRP before VRS Any nonqualified benefits are to be paid from general assets rather than from a separate trust Timing, type and form of nonqualified benefits are to be the same as for SRP benefits Minor Changes to Update or Streamline Operation and Tighten Procedures - Establish formal Trust - Provide formal investment authority and duties to Trustees - Extend benefit accruals beyond age 65 to age 70 - Authorize cashouts or quarterly payments to replace small retiree payments - Clarify permissible payments from Trust of administrative expenses - Spell out benefit election procedures - Refine methodology in coordinating calculation of multiple plan benefit limitations with VRS Clarify actuarial equivalence definition for cashouts 0 0075 CHESTERFIELD COUNTY SUPPLEMENTAL RETIREMENT PLAN Amended and Restated July 1, 2001 TABLE OF CONTENTS ARTICLE I DEFINITIONS 2.1 2.2 2.3 2.4 2.5 2.6 2.7 2.8 2.9 2.10 2.11 2.12 3.1 3.2 3.3 3.4 3.5 4.1 4.2 ARTICLE II ADMINISTRATION POWERS AND RESPONSIBILITIES OF THE EMPLOYER ................................................... 7 DESIGNATION OF ADMINISTRATIVE AUTHORITY .........................................................8 ALLOCATION AND DELEGATION OF ADMINISTRATIVE RESPONSIBILITIES ............ 8 POWERS AND DUTIES OF THE ADMINISTRATOR ............................................................ 8 RECORDS AND REPORTS ................................................................................................... 10 APPOINTMENT OF ADVISERS ........................................................................................... 10 INFORMATION FROM EMPLOYER .................................................................................... 10 PAYME~ OF EXPENSES .................................................................................................... 10 MAJORITY ACTIONS ........................................................................................................... 11 CLAIMS PROCEDURE .......................................................................................................... 11 CLAIMS REVIEW PROCEDURE .......................................................................................... 11 RELIANCE ON OTHERS AND INDEMNIFICATION OF TRUSTEE .................................. 12 ARTICLE III ELIGIBILITY CONDITIONS OF ELIGIBILITY ........................................................................................... 12 EFFECTIVE DATE OF PARTICIPATION ............................................................................. 12 DETERM]NATION OF ELIGIBILITY ................................................................................... 12 TERMINATION OF ELIGIBILITY ........................................................................................ 13 ELECTION NOT TO PARTICIPATE ..................................................................................... 13 ARTICLE IV CONTRIBUTION AND VALUATION PAYMENT OF CONTRIBUTIONS ........................................................................................ 13 ACTUARIAL METHODS ....................................................................................................... 13 0 0077 5.1 5.2 5.3 5.4 5.5 5.6 5.7 5.8 5.9 5.10 5.11 5.12 5.13 5.14 ARTICLE V BENEFITS RETIREMENT BENEFITS ...................................................................................................... 13 PAYMENT OF RETIREMENT BENEFITS ............................................................................. 14 DISABILITY RETIREMENT BENEFITS .............................................................................. 14 PRE-RETIREMENT DEATH BENEFITS ............................................................................... 14 TERMINATION OF EMPLOYMENT BEFORE RETIREMENT ............................................. 15 DISTRIBUTION OF BENEFITS ............................................................................................ 16 DISTRIBUTION OF BENEFITS UPON DEATH ................................................................... 23 POST-RETIREMENT COST-OF-LIVING INCREASES ........................................................24 SMALL PAYMENTS ............................................................................................................. 24 REINSTATEMENT ................................................................................................................ 25 BENEFIT ELECTION PROCEDURE ..................................................................................... 25 DISTRIBUTION FOR MINOR BENEFICIARY OR INCAPACITATED PERSON ............... 26 LOCATION OF PARTIC~ANT OR BENEFICIARY UNKNOWN ....................................... 26 QUALIFIED DOMESTIC RELATIONS ORDER DISTRIBUTION ......................................... 26 6.1 6.2 6.3 6.4 6.5 6.6 ARTICLE VI CODE SECTION 415 LIMITATIONS ANNUAL BENEFIT ............................................................................................................... 27 MAXIMUM ANNUAL BENEFIT .......................................................................................... 27 ADJUSTMENTS TO ANNUAL BENEFIT AND LIMITATIONS .......................................... 28 ANNUAL BENEFIT NOT IN EXCESS OF $10,000 ............................................................... 29 INCORPORATION BY REFERENCE .................................................................................... 29 QUALIFIED GOVERNMENTAL EXCESS BENEFIT ARRANGEMENT ........................ 30 7.1 7.2 7.3 7.4 7.5 7.6 ARTICLE VII TRUSTEE BASIC TRUST FUND RESPONSIBILITIES OF THE TRUSTEE ......................................... 31 INVESTMENT POWERS AND DUTIES OF THE TRUSTEE ............................................... 32 OTHER POWERS OF THE TRUSTEE ................................................................................... 33 DUTIES OF THE TRUSTEE REGARDING PAYMENTS ..................................................... 35 TRUSTEE'S COMPENSATION AND EXPENSES AND TAXES ......................................... 35 ANNUAL REPORT OF THE TRUSTEE ................................................................................ 35 0 0078 7.7 7.8 7.9 8.1 9.1 10.1 10.2 10.3 10.4 10.5 10.6 10.7 10.8 10.9 10.10 10.11 10.12 10.13 10.14 RESIGNATION, REMOVAL AND SUCCESSION OF TRUSTEE ........................................ 36 37 TRANSFER OF INTEREST ................................................................................................... 37 DIRECT ROLLOVER ............................................................................................................. ARTICLE VIII PLAN AMENDMENT AMENDMENT .............................................................................. ARTICLE IX PLAN TERMINATION ................................ 38 TERMINATION ..................................................................................... ARTICLE X MISCELLANEOUS .................................... 39 PARTICIPANT'S RIGHTS .................................................................. ............................................................. 39 ALIENATION ............................................................ CONSTRUCTION OF PLAN .................................................................................................. 41 GENDER AND NUMBER ...................................................................................................... 41 ...................................................................... 41 LEGAL ACTION .............................................. PROHIBITION AGAINST DIVERSION OF FUND S ............................................................. 41 EMPLOYER'S AND TRUSTEE'S PROTECTIVE CLAUSE .................................................. 41 INSURER'S PROTECTIVE CLAUSE ..................................................................................... 42 RECEIPT AND RELEASE FOR PAYMENTS ....................................................................... 42 ACTION BY THE EMPLOYER ............................................................................................. 42 NAMED FIDUCIARIES AND ALLOCATION OF RESPONSIBILITY ................................. 42 HEADINGS ............................................................................................................................. 43 APPROVAL BY INTERNAL REVENUE SERVICE ............................................................. 43 UNIFORMITY ........................................................................................................................ 43 0 O0?B CHESTERFIELD COUNTY SUPPLEMENTAL RETIREMENT PLAN THIS AGREEMENT, hereby made and entered into this day of , , by and between Chesterfield County (herein referred to as the "Employer") and the Trustee. WITNES SETH: WHEREAS, the Employer heretofore established a Pension Plan and Trust effective July 1, 1973 (hereinat~er called the "Effective Date"), as amended from time to time, currently known as Chesterfield County Supplemental Retirement Plan (herein referred to as the "Plan") in recognition of the contribution made to its successful operation by its employees and for the exclusive benefit of its eligible employees; and WHEREAS, the primary objective of the Plan is to provide supplemental retirement benefits as an incentive for retention of senior executives and management personnel of Chesterfield County; WHEREAS, under the terms of the Plan, the Employer has the ability to amend the Plan, provided the Trustee joins in such amendment if the provisions of the Plan affecting the Trustee are amended; WHEREAS, the provisions of the Plan as in effect immediately prior to this amendment shall remain in effect in all regards until July 1, 2001; NOW, THEREFORE, effective July 1, 2001, except as otherwise provided, the Employer and the Trustee in accordance with the provisions of the Plan pertaining to amendments thereof, hereby amend the Plan in its entirety and restate the Plan to provide as follows: ARTICLE I DEFINITIONS 1.1 "Accrued Benefit" means the retirement benefit a Participant is entitled to receive pursuant to the retirement benefit formula set forth in Section 5.1. In the event a Participant terminates employment prior to his Normal Retirement Date, his Accrued Benefit shall be equal to the amount determined under the retirement benefit formula computed as of his date of termination of employment. 1.2 "Act" means the Employee Retirement Income Security Act of 1974, as it may be amended from time to time. 1.3 "Actuarial Equivalent" means a form of benefit differing in time, period, or manner of payment from a specific benefit provided under the Plan but having the same value consistent with Section 1.35 when computed using interest of six percent (6%) compounded annually and mortality based on the 1984 Unisex Pension Mortality table. 0 0080 1.4 "Administrator" means the Trustee appointed by the Board pursuant to Section 2.2 to operate and administer the Plan on behalf of the Employer. 1.5 "Age" means age at nearest birthday. 1.6 "Anniversary Date" means July 1. 1.7 "Annuity Starting Date" means, with respect to any Participant, the fn'st day of the first period for which an amount is paid as an annuity or any other form. 1.8 "Beneficiary" means the person or entity designated as provided in Section 5.6 to receive the benefits which are payable under the Plan upon or after the death of a Participant. 1.9 "Board" means the Board of Supervisors of Chesterfield County. 1.10 "Code" means the Internal Revenue Code of 1986, as amended or replaced from time to time. Any reference to a specific section of the Code shall include that section and any comparable section(s) of future legislation which amends, modifies, supplements or supersedes the referenced section. 1.11 "Compensation" with respect to any Participant means such Participant's annualized Compensation paid by the Employer during the Plan Year based on the rate of pay or salary in effect on the last day of the Plan Year. CompenSation for the Plan Year containing the date of termination of employment, or other date on which the Participant ceases to be an Eligible Employee, if such date is on or after January 1 and before June 30, means the rate of pay or salary in effect as of such date or as of the preceding June 30, whichever rate is greater. For purposes of this Section, the determination of Compensation shall be made by including amounts which are contributed by the Employer pursuant to a salary reduction agreement and which are not includible in the gross income of the Participant under Code Sections 125, 402(e)(3), 402(h)(1)(B), 403(b) or 457(b), and Employee contributions described in Code Section 414(h)(2) that are treated as Employer contributions. Compensation in excess of $150,000 shall be disregarded. Such amount shall be adjusted for increases in the cost of living in accordance with Code Section 401(a)(17), except that the dollar increase in effect on January 1 of any calendar year shall be effective for the Plan Years beginning with or within such calendar year. If Compensation for any prior determination period is taken into account in determining an Employee's benefits accruing in a Plan Year beginning after December 31, 1993, the Compensation for that prior determination period is subject to the adjusted compensation limit in effect for that prior determination period. For this purpose, for determination periods beginning before the first day of the first Plan Year beginning on or after January 1, 1994, the annual compensation limit is $150,000. For any short Plan Year the Compensation limit shall be an amount equal to the Compensation limit for the calendar year in which the Plan Year begins multiplied by the ratio obtained by dividing the number of full months in the short Plan Year by twelve (12). Effective with Plan Years beginning after December 31, 1996, the aggregation rules of Code Section 414(q) as in effect prior to the Small Business Job Protection Act of 1996 and Code Section 40 l(a)(17) are eliminated. In determining Final Average Compensation, these rules are treated as not having been in effect for earlier years. 2 0 1.12 "Contract" or "Policy" means any life insurance policy, retirement income or annuity policy or annuity contract (group or individual) issued pursuant to the terms of the Plan. 1.13 "Covered Compensation" with respect to any Participant means the average (without indexing) taken to the nearest multiple of $600 of the Taxable Wage Bases in effect for each calendar year during the 35-year period (regardless of the Participant's year of birth) ending with the last day of the calendar year in which the Participant attains (or will attain) age 64. A Participant's Covered Compensation shall be adjusted each calendar year. In determining the Participant's Covered Compensation for a calendar year, the Taxable Wage Base for all future calendar years is assumed to be the same as the Taxable Wage Base in effect for the calendar year of determination. A Participant's Covered Compensation for a calendar year before the 35-year period described above is the Taxable Wage Base in effect for the calendar year. A Participant's Covered Compensation for a calendar year after the 35-year period described above is the Participant's Covered Compensation for the calendar year during which the 35-year period ends. For any Participant born before 1929, 35 above is replaced by the calendar year of the 62'~a birthday reduced by 1956. 1.14 "Earliest Retirement Age" means the earliest date on which, under the Plan, the Participant could elect to receive retirement benefits. 1.15 "Early Retirement Date" means the first day of the month (prior to the Normal Retirement Date) coinciding with or following the date on which a Participant or Former Participant attains age 55, and has completed at least 10 Years of Service with the Employer (Early Retirement Age). A Participant shall become fully Vested upon satisfying this requirement if still employed at his Early Retirement Age. A Former Participant who terminates employment after satisfying the service requirement for Early Retirement and who thereafter reaches the age requirement contained herein shall be entitled to receive his benefits under this Plan upon written request to the Trustee. 1.16 "Eligible Employee" means an Employee in a full time position as authorized by the Board. 1.17 "Employee" means any person who is employed by the Employer, excluding any leased employee defined in Code Section 414(n) and related Regulations and any independent contractor. 1.18 "Employer" means Chesterfield County and any successor which shall maintain this Plan. The Employer is a county government, with principal offices in the Commonwealth of Virginia. 1.19 "Fiduciary" means any person who (a) exercises any discretionary authority or discretionary control respecting management of the Plan or exercises any authority or control respecting management or disposition of its assets, (b) renders investment advice for a fee or other compensation, direct or indirect, with respect to any monies or other property of the Plan or has any authority or responsibility to do so, or (c) has any discretionary authority or discretionary responsibility in the administration of the Plan, including, but not limited to, the Trustee, the Employer and its representative body. 00G Z 3 1.20 "Final Average Compensation" means the Compensation of a Participant averaged over the 5 consecutive Plan Years, including periods prior to the Effective Date of the Plan, which produce the highest average within the last ten (10) years of employment immediately preceding termination of employment (exclusive of any Plan Year during such period in which Plan Year the Participant's Compensation was reduced because such Participant was on authorized leave of absence, was disabled, was temporarily laid off, or was in the Armed Forces as required by law or during a period of war or national emergency, if the inclusion of such Plan Year would reduce the resulting determination of the Participant's Final Average Compensation). If a Participant has less than 5 or 10 consecutive Plan Years of service, as applicable, from his date of employment to his date of termination, his Final Average Compensation will be based on his Compensation during such shorter period. If a Participant is no longer an Eligible Employee, Compensation subsequent to termination of status as an Eligible Employee shall not be recognized. For purposes of this Section, if the determination of Final Average Compensation is based on Compensation prior to the first day of the Plan Year beginning after December31, 1993, Compensation in excess of $150,000 shall be disregarded for purposes of calculating Final Average Compensation. Notwithstanding the foregoing, with respect to Plan Years beginning prior to the first day of the Plan Year beginning after December 31, 1994, compliance with Code Section 401(a)(17) then in effect shall be deemed to be compliance with this paragraph. 1.21 "Fiscal Year" means the Employer's accounting year of 12 months commencing on July 1 of each year and ending the following June 30. 1.22 "Former Participant" means a person who has been a Participant, but who has ceased to be a Participant for any reason. 1.23 "415 Compensation" with respect to any Participant means such Participant's wages as defined in Code Section 3401(a) and all other payments of compensation by the Employer (in the course of the Employer's business) for a Plan Year for which the Employer is required to furnish the Participant a written statement under Code Sections 6041(d), 6051(a)(3) and 6052. "415 Compensation" must be determined without regard to any rules under Code Section 3401(a) that limit the remuneration included in wages based on the nature or location of the employment or the services performed (such as the exception for agricultural labor in Code Section 3401 (a)(2)). For Plan Years beginning after December 31, 1997, for purposes of this Section, the determination of "415 Compensation" shall include any elective deferral (as defined in Code Section 402(g)(3)), any amount which is contributed or deferred by the Employer at the election of the Participant and which is not includible in the gross income of the Participant by reason of Code Sections 125 or 457, and certain qualified transportation benefits excluded from the taxable income of the Participant under Code Section 132(0(4). 1.24 "Hour of Service" means each hour for which an Employee is paid or entitled to payment for the performance of duties for the Employer. 4 1.25 "Investment Manager" means an entity that (a) has the power to manage, acquire, or dispose of Plan assets and (b) acknowledges fiduciary responsibility to the Plan in writing. Such entity must be a person, firm, or corporation registered as an investment adviser under the Investment Advisers Act of 1940 or under applicable state law, a bank, or an insurance company. 1.26 "Late Retirement Date" means the first day of the month coinciding with or next following a Participant's actual Retirement Date after having reached his Normal Retirement Date. 1.27 "Normal Retirement Age" means the Participant's 65th birthday. A Participant shall become fully Vested in his Normal Retirement Benefit upon attaining his Normal Retirement Age. 1.28 "Normal Retirement Date" means the first day of the month coinciding with or next following the Participant's Normal Retirement Age. 1.29 "1-Year Break in Service" means a Period of Severance of at least 12 consecutive months. 1.30 "Participant" means any Eligible Employee who participates in the Plan and has not for any reason become ineligible to participate further in the Plan. 1.31 "Period of Severance" means a continuous period of time during which the Employee is not employed by the Employer as an Eligible Employee. Such period begins on the date the Employee is no longer an Eligible Employee, retires, quits or is discharged, or if earlier, the first anniversary of the date on which the Employee was otherwise first absent from service for any other reason, including a leave of absence without pay granted in accordance with an established policy precluding individual selection. 1.32 "Plan" means this instrument, including all amendments thereto. 1.33 "Plan Year" means the Plan's accounting year of twelve (12) months commencing on July 1 of each year and ending the following June 30. 1.34 "Pre-Retirement Survivor Annuity" is an immediate annuity form of payment for the life of the surviving spouse of a Participant who dies prior to his Annuity Starting Date, the payment under which must be equal to the "minimum spouse's death benefit" provided in Section 5.4(b). 1.35 "Present Value of Vested Accrued Benefit" or similar term such as "Present Value of Accrued Benefit", "present value" or "value" relating to equivalent value means the Actuarial Equivalent lump sum amount of a Participant's Vested Accrued Benefit at date of valuation. The lump sum amount will be calculated based on the Participant's assumed Annuity Starting Date of the later of the current age for calculation or Normal Retirement Age, unless the Participant's date of termination of employment occurs after the Participant's Early Retirement Age, in which case the assumed Annuity Starting Date is the current age for calculation. Furthermore, the calculation will be based on the Actuarial Equivalent of a single life annuity providing the 0 00 4 Vested Accrued Benefit, excluding any consideration of possible post-retirement cost-of-living increases which may otherwise be paid. 1.36 "Regulations" means the Income Tax Regulations as promulgated by the Secretary of the Treasury or his delegate, and as amended from time to time. 1.37 "Retired Participant" means a person who has been a Participant, but who has become entitled to retirement benefits under the Plan. 1.38 "Retirement Date" means the date as of which a Participant retires for reasons other than Total and Permanent Disability, whether such retirement occurs on a Participant's Normal Retirement Date, Early or Late Retirement Date (see Section 5.1). 1.39 "Taxable Wage Base" means, with respect to any calendar year, the contribution and benefit base in effect under Section 230 of the Social Security Act at the beginning of the calendar year. 1.40 "Terminated Participant" means a person who has been a Participant, but whose employment has been terminated other than by death, Total and Permanent Disability or retirement. 1.41 "Total and Permanent Disability" means a physical or mental condition of a Participant resulting from bodily injury, disease, or mental disorder which renders him incapable of continuing any substantial gainful occupation, which can be expected to result in death or to be of long, continued and indefinite duration, and which condition constitutes total disability under the federal Social Security Acts. A Participant shall become fully Vested in his Accrued Benefit as of the effective date he is certified Totally and Permanently Disabled. 1.42 "Trustee" means Bradford S. Hammer, Carl R. Baker and Richard A. Cordle plus any successor(s) appointed by the Board. 1.43 "Trust Fund" means the assets of the qualified Plan and Trust as the same shall exist from time to time. 1.44 "USERRA" means the Uniformed Services Employment and Reemployment Rights Act of 1994. Notwithstanding any provision of this Plan to the contrary, effective December 12, 1994, contributions, benefits and service credit with respect to qualified military service will be provided in accordance with Code Section 414(u). 1.45 "Vested" means the portion of a Participant's benefits under the Plan that is nonforfeitable. 1.46 "Years of Service" means a Participant's period of continuous service as an Eligible Employee of the Employer, measured in years and completed months. An individual's Years of Service shall not be considered to be interrupted by vacations, holidays or jury duty. Likewise, the Years of Service of a Participant who leaves the employ of the Employer to serve in the Armed Forces of the United States and who returns to the employ of the Employer within such time as his reemployment rights are protected by law shall not be considered to be interrupted for purposes of the Plan. Solely for purposes of Section 5.5, Years of Service shall not be considered to be interrupted by becoming Totally and Permanently Disabled or a leave of absence granted in accordance with an established policy precluding individual selection. Discontinuous periods of service - For any Employee with discontinuous periods of service as an Eligible Employee, Years of Service are determined as follows: (a) An Employee who most recently discontinued service as an Eligible Employee for any reason before becoming entitled to a retirement benefit or a deferred vested benefit under Article V and for whom a 1-Year Break in Service has occurred shall be treated as a new Employee as of the date he resumes his status as an Eligible Employee. However, if such Eligible Employee has not incurred a 1-Year Break in Service, or he is credited with five (5) Years of Service attributable to continuous service after he resumes his status as an Eligible Employee, he will be given credit for all previous Years of Service as an Eligible Employee, whether or not continuous, for all purposes under the Plan. (b) An Employee who, when he most recently discontinued service as an Eligible Employee, was entitled to a retirement benefit or a deferred vested benefit under Article V, will have his ultimate benefit payable from the Plan redetermined in accordance with the reinstatement provisions of Section 5.10, with credit being given for all Years of Service as an Eligible Employee, whether or not continuous, for all purposes under the Plan. ARTICLE II ADMINISTRATION 2.1 POWERS AND RESPONSIBILITIES OF THE EMPLOYER (a) In addition to the general powers and responsibilities otherwise provided for in this Plan, the Employer, through the Board pursuant to Section 7.7 of the Plan, shall be empowered to appoint and remove the Trustee from time to time as it deems necessary for the proper administration of the Plan to ensure that the Plan is being operated for the exclusive benefit of the Participants and their Beneficiaries in accordance with the terms of the Plan, the Code, and the Act. The Employer may appoint counsel, specialists, advisers, agents (including any nonfiduciary agent) and other persons as the Employer deems necessary or desirable in connection with the exercise of its fiduciary duties under this Plan. The Employer may compensate such agents or advisers from the assets of the Plan as fiduciary expenses (but not including any business (settlor) expenses of the Employer), to the extent not paid by the Employer. (b) The Employer shall establish a "funding policy and method," i.e., it shall determine whether the Plan has a short run need for liquidity (e.g., to pay benefits) or whether liquidity is a long run goal and investment growth (and stability of same) is a more current need, or shall appoint a qualified person to do so. The Employer or its delegate shall communicate such needs and goals to the Trustee, who shall coordinate such Plan needs with its investment policy. The 7 0 communication of such a "funding policy and method" shall not, however, constitute a directive to the Trustee as to investment of the Trust Funds. Such "funding policy and method" shall be consistent with the objectives of this Plan. (c) The Employer shall periodically review the performance of any Fiduciary or other person to whom duties have been delegated or allocated by it under the provisions of this Plan or pursuant to procedures established hereunder. This requirement may be satisfied by formal periodic review by the Employer, by the Trustee or other qualified person specifically designated by the Employer, through day-to-day conduct and evaluation, or through other appropriate ways. 2.2 DESIGNATION OF ADMINISTRATIVE AUTHORITY The Employer, through action of the Board, shall appoint or change the Trustees in accordance with the provisions of Section 7.7. In the Plan, the term Administrator means the Trustee(s) appointed by the Board. Although the terms Administrator and Trustee are interchangeable in the Plan, the history of the Plan and existing Plan documentation makes it essential that the term Trustee remain the standard throughout the Plan as amended and restated. This Article II addresses administration of the Plan and Article VII addresses handling the Trust Fund, both functions being the responsibility of the Trustee. 2.3 ALLOCATION AND DELEGATION OF ADMINISTRATIVE RESPONSIBILITIES If more than one person is appointed as Trustee, the responsibilities of each Trustee may be specified by the Employer and accepted in writing by each Trustee. In the event that no such delegation is made by the Employer, the Trustees may allocate the responsibilities among themselves, in which event the Trustees shall notify the Employer in writing of such action and specify the responsibilities of each Trustee. As a minimum, the Trustees shall choose from among themselves a chairman and shall also appoint a secretary who may or may not be a Trustee. The Trustees shall hold meetings upon such notice, at such place(s) and at such time(s) as the Trustees may determine and minutes shall be kept of proceedings. A meeting may be called by the chairman or by any two (2) members. A majority of the Trustees in office at the time shall constitute a quorum for the transaction of business. The decisions of the Trustees made in good faith upon all matters within the scope of their authority shall be final. No Trustee who is a Participant shall take part in any action which directly affects his participation as an individual as opposed to all Participants as a class; such action shall be voted on or decided by the remaining Trustees. 2.4 POWERS AND DUTIES OF THE ADMINISTRATOR The primary responsibility of the Trustee is to administer the Plan for the exclusive benefit of the Participants and their Beneficiaries, subject to the specific terms of the Plan. The Trustee shall administer the Plan in accordance with its terms and shall have the power and discretion to construe the terms of the Plan and to determine all questions arising in connection with the administration, interpretation, and application of the Plan. Any such determination by the Trustee shall be conclusive and binding upon all persons. The Trustee may establish procedures, correct any defect, supply any information, or reconcile any inconsistency in such manner and to such extent as shall be deemed necessary or advisable to carry out the 8 0 purpose of the Plan; provided, however, that any procedure, discretionary act, interpretation or construction shall be done in a nondiscriminatory manner based upon uniform principles consistently applied and shall be consistent with the intent that the Plan shall continue to be deemed a qualified plan under the terms of Code Section 401(a), and shall comply with the terms of the Act and all regulations issued pursuant thereto. The Trustee shall have all powers necessary or appropriate to accomplish his duties under this Plan, but the Trustee may not modify, alter or amend the Plan without the written consent of the Board. The Trustee shall be charged with the duties of the general administration of the Plan, including, but not limited to, the following: (a) the discretion to determine all questions relating to the eligibility of Employees to participate or remain a Participant hereunder and to receive benefits under the Plan; (b) to compute and certify with respect to the amount and the kind of benefits to which any Participant, Beneficiary or spouse shall be entitled hereunder and to receive all applications for benefits; (c) to authorize all nondiscretionary or otherwise directed disbursements from the and to establish rules and procedures to be followed by Participants, Beneficiaries and spouses in filing applications for benefits and for furnishing and verifying proofs necessary to establish age, Years of Service, Compensation and any other matters required in order to establish their rights to benefits in accordance with the Plan; (d) to maintain all necessary records for the administration of the Plan including, but not limited to, beneficiary designation forms, Participant notices, benefit election forms and distribution forms; (e) to interpret the provisions of the Plan and to make and publish such rules for regulation of the Plan as are consistent with the terms hereof; (f) to determine the size and type of any Contract to be purchased from any insurer and to designate the insurer from which such Contract shall be purchased. All Policies shall be issued on a uniform basis as of each Anniversary Date with respect to all Participants under similar circumstances; (g) to compute and certify to the Employer annually the sums of money necessary or desirable to be contributed to the Plan; (h) to consult with the Employer regarding the short and long-term liquidity needs of the Plan in order to exercise any investment discretion in a manner designed to accomplish specific objectives; (i) to prepare and distribute to Employees information concerning the Plan in a manner deemed appropriate by the Trustee, including, but not limited to a summary of provisions, notices of eligibility for benefits, and a procedure for 9 0 00~ notifying Participants and Beneficiaries of their rights to elect joint and survivor annuities and Pre-Retirement Survivor Annuities as required by the Act and regulations thereunder~ (j) to assist any Participant regarding his rights, benefits, or elections available under the Plan. 2.5 RECORDS AND REPORTS The Trustee shall keep a record of all actions taken and shall keep all other books of account, records, policies, and other data that may be necessary for proper administration of the Plan and Shall be responsible for supplying all information and reports to the Internal Revenue Service, Department of Labor, Participants, Beneficiaries and others as required by law. All actions and determinations of the Trustees shall be recorded by the secretary thereof and all such records, together with such other documents, as may be necessary for the administration of the Plan shall be preserved in the custody of such secretary. Such records and documents at all times shall be open for inspection and for the purpose of making copies by any person designated by the Board. The Trustee shall also keep available a copy of the Plan and of any Contract, including any subsequent amendments to either instrument, and all annual reports made by the Employer, and shall make them available to all Participants, their spouses and Beneficiaries for examination at any reasonable time. 2.6 APPOINTMENT OF ADVISERS The Trustee may appoint counsel, specialists, advisers, agents (including nonfiduciary agents) and other persons as the Trustee deems necessary or desirable in connection with the administration of this Plan, including but not limited to agents and advisers to assist with or be delegated the administration and management of the Plan, and thereby to provide, among such other duties as the Trustee may appoint, assistance with maintaining Plan records and the providing of investment information to the Plan's investment fiduciaries. The compensation, if any, of such agents may be fixed or managed by the Trustee. 2.7 INFORMATION FROM EMPLOYER To enable the Trustee to perform his functions, the Employer shall supply full and timely information to the Trustee on all matters relating to the Compensation of all Participants, their Hours of Service, their periods of service, their retirement, death, disability, or termination of employment, and such other pertinent facts as the Trustee may require. The Trustee may rely upon such information as is supplied by the Employer and shall have no duty or responsibility to verify such information. 2.8 PAYMENT OF EXPENSES All expenses of administration may be paid out of the Trust Fund unless paid by the Employer. Such expenses shall include any expenses incident to the functioning of the Trustee, or any person or persons retained or appointed by any Named Fiduciary incident to the exercise of their duties under the Plan, including, but not limited to, fees of accountants, actuaries, counsel, benefit consultants, Investment Managers, and other specialists and their 10 agents, and other costs of administering the Plan, including a reasonable portion of compensation and benefits expenses for any Employee(s) or position(s) designated by the Trustee to provide administrative support to the Plan consistent with this Section. Until paid, the expenses shall constitute a liability of the Trust Fund. 2.9 MAJORITY ACTIONS Except where there has been an allocation and delegation of administrative authority pursuant to Section 2.3, if there shall be more than one Trustee, they shall act by a majority of their number, but may authorize one or more of them to sign all papers on their behalf. 2.10 CLAIMS PROCEDURE Claims for benefits under the Plan shall be filed in writing with the Trustee. Written notice of the disposition of a claim shall be furnished to the claimant within 90 days after the application is filed. In the event the claim is denied, the reasons for the denial shall be specifically set forth in the notice in language calculated to be understood by the claimant, pertinent provisions of the Plan shall be cited, and, where appropriate, an explanation as to how the claimant can perfect the claim will be provided. In addition, the claimant shall be furnished with an explanation of the Plan's claims review procedure. 2.11 CLAIMS REVIEW PROCEDURE Any Employee, former Employee, or Beneficiary of either, who has been denied a specific benefit by a decision of the Trustee pursuant to Section 2.10 shall be entitled to request the Trustee to give further consideration to his claim by filing with the Trustee (on a form which may be obtained from the Trustee) a request for a hearing. Such request, together with a written statement of the reasons why the claimant believes his claim should be allowed, shall be filed with the Trustee no later than 60 days after receipt of the written notification provided for in Section 2.10. The Trustee shall then conduct a hearing within the next 60 days, at which the claimant may be represented by an attorney or any other representative of his choosing and at which the claimant shall have an opportunity to submit written and oral evidence and arguments in support of his claim. At the hearing (or prior thereto upon 5 business days written notice to the Trustee) the claimant or his representative shall have an opportunity to review all documents in the possession of the Trustee which are pertinent to the claim at issue and its disallowance. Either the claimant or the Trustee may cause a court reporter to attend the hearing and record the proceedings. In such event, a complete written transcript of the proceedings shall be furnished to both parties by the court reporter. The full expense of any such court reporter and such transcripts shall be borne by the party causing the court reporter to attend the hearing. A final decision as to the allowance of the claim shall be made by the Trustee within 60 days of receipt of the appeal (unless there has been an extension of 60 days due to special circumstances, provided the delay and the special circumstances occasioning it are communicated to the claimant within the 60 day period). Such communication shall be written in a manner calculated to be understood by the claimant and shall include specific reasons for the decision and specific references to the pertinent Plan provisions on which the decision is based. 11 000DO 2.12 RELIANCE ON OTHERS AND INDEMNIFICATION OF TRUSTEE (a) The Trustee and the Employer shall be entitled to rely upon all tables, valuations, certificates and reports furnished by the actuary engaged by the Employer, upon all certificates and reports made by an accountant selected by the Trustee, and upon all opinions given by any counsel selected by the Trustee, and the Trustee, the Employer, and its officers and staff assigned to administer the Plan shall be fully protected in respect to any action taken or suffered by them in good faith in reliance upon the advice or opinion of any such actuary, accountant or counsel, and all action so taken or suffered shall be conclusive upon each of them and upon all Employees, Participants, or other persons interested in the Plan. (b) Futhermore, the Trustees, and each of them, shall be free from all liability, joint or several, for their acts, omissions and conduct, and for the acts, omissions, and conduct of their duly constituted agents, in the administration of the Plan and the Employer shall indemnify and save them, and each of them, harmless from the effects and consequences of their acts, omissions and conduct in their official capacity, except to the extent that such effects and consequences shall result from their own willful misconduct or gross negligence. ARTICLE IH ELIGIBILITY 3.1 CONDITIONS OF ELIGIBILITY Any Eligible Employee shall be eligible to participate hereunder on the date of his employment with the Employer. Solely for purposes of this Article III, employment will not be considered to be interrupted if it would not be deemed so under the definition of Years of Service. However, any Employee who was a Participant in the Plan prior to the effective date of this amendment and restatement shall continue to participate in the Plan. 3.2 EFFECTIVE DATE OF PARTIC~ATION An Eligible Employee shall become a Participant effective as of the first day of the Plan Year coinciding with or next following the date on which such Employee met the eligibility requirements of Section 3.1, provided said Employee was still employed as of such date (or if not employed on such date, as of the date of rehire if a 1-Year Break in Service has not occurred). 3.3 DETERMINATION OF ELIGIBILITY The Trustee shall determine the eligibility of each Employee for participation in the Plan based upon information furnished by the Employer. Such determination shall be conclusive and binding upon all persons, as long as the same is made pursuant to the Plan and the Act. Such determination shall be subject to review per Section 2.11. 0 00'.91 12 3.4 TERMINATION OF ELIGIBILITY In the event a Participant is no longer a member of an eligible class of Employees and becomes ineligible to participate, such Employee will participate immediately upon returning to an eligible class of Employees. 3.5 ELECTION NOT TO PARTIC~ATE An Employee may, subject to the approval of the Employer, elect voluntarily not to participate in the Plan. The election not to participate must be communicated to the Employer, in writing, at least thirty (30) days before the beginning of a Plan Year. ARTICLE IV CONTRIBUTION AND VALUATION 4.1 PAYMENT OF CONTRIBUTIONS No contribution shall be required under the Plan from any Participant. The Employer shall pay to the Trust Fund from time to time such amounts in cash as the Trustee and Employer shall determine to be necessary to provide the benefits under the qualified Plan determined by the application of accepted actuarial methods and assumptions. The method of funding shall be consistent with Plan objectives. 4.2 ACTUARIAL METHODS In establishing the liabilities under the Plan and contributions thereto as a qualified plan under Code Section 401, the enrolled actuary engaged by the Employer will use such methods and assumptions as will reasonably reflect the cost of the benefits and maintain the Plan on an actuarially sound basis. The Plan assets are to be valued on the last day of the Plan Year (or on any other date determined by the Trustee) using any reasonable method of valuation that takes into account fair market value pursuant to Regulations. There must be an actuarial valuation of the Plan and a certification of actuarial soundness as required by law and acceptable to the Trustee at least once every year. 5.1 ARTICLE V BENEFITS RETIREMENT BENEFITS (a) The amount of monthly retirement benefit to be provided for each Participant who retires on his Normal Retirement Date shall be equal to his Accrued Benefit (herein called his Normal Retirement Benefit). A Participant's Accrued Benefit is based on a retirement benefit formula equal to one-twelfth of 0.875% of Final Average Compensation in excess of one-twelfth of Covered Compensation multiplied by the Participant's Years of Service, computed to the nearest cent. 000D2 13 Notwithstanding the above, each Participant who was a Participant in the Plan on March 21, 1981 shall be provided with a monthly retirement benefit of not less than 125% of the monthly retirement benefit accrued on such date when determined under the terms of the Plan as in effect on July 1, 1980. The 125% factor above is replaced with 100% for any Participant who renders no service covered under the Plan counting towards Years of Service on or after July 1, 1997. (b) A Participant may elect to retire on an Early Retirement Date. In the event that a Participant makes such an election, he shall be entitled to receive an Early Retirement Benefit equal to his Accrued Benefit payable at his Normal Retirement Date. However, if a Participant so elects, he may receive payment of an Early Retirement Benefit commencing on the first day of the month coinciding with or next following his Early Retirement Date. The Early Retirement Benefit shall equal the Accrued Benefit for any Participant who renders any service covered under the Plan counting towards Years of Service on or after July 1, 1997. For any other Participant, the Early Retirement Benefit shall be the Accrued Benefit reduced by 1/180th for each of the first sixty (60) months and 1/360th for each of the next sixty (60) months by which the first day of the month on which his Early Retirement Benefit commences precedes his Normal Retirement Date. (c) At the request of a Participant he may be continued in employment beyond his Normal Retirement Date. In such event, the Participant shall receive a monthly retirement benefit upon retirement on his Late Retirement Date equal to his Accrued Benefit based on Final Average Compensation and Years of Service as of such Late Retirement Date, with no credit for Compensation or Years of Service after the Participant's 70th birthday. (d) The Normal Retirement Benefit payable to a Participant pursuant to this Section 5.1 shall be a monthly pension commencing on his Retirement Date and continuing for life. However, the form of distribution of such benefit shall be determined pursuant to the provisions of Section 5.6. 5.2 PAYMENT OF RETIREMENT BENEFITS When a Participant retires, the Trustee shall immediately take all necessary steps and execute all required documents to cause the payment to him of his Accrued Benefit pursuant to the benefit election procedure of Section 5.11. 5.3 DISABILITY RETIREMENT BENEFITS The amount of the Disability Retirement Benefit is the Accrued Benefit as of the effective date the Participant is certified Totally and Permanently Disabled, commencing on Early or Normal Retirement Date, if he is still living. 5.4 PRE-RETIREMENT DEATH BENEFITS (a) The death benefit provided under this Plan shall be the "minimum spouse's death benefit." In the case of an unmarried Participant or unmarried Former Participant who dies prior to his Retirement Date, no death benefits shall be payable under this Plan. (b) For the purposes of this Section, the "minimum spouse's death benefit" means a death benefit for a Vested married Participant payable in the form of a Pre-Retirement Survivor Annuity. Such annuity payments shall be equal to the amount which would be payable as a survivor annuity under the joint and survivor annuity provisions of the Plan if: (1) in the case of a Participant who dies after the Earliest Retirement Age, such Participant had retired with an immediate joint and survivor annuity on the day before the Participant's date of death, or (2) in the case of a Participant who dies on or before the Earliest Retirement Age, such Participant had: (i) separated from service on the earlier of the actual time of separation or the date of his death, (ii) survived to the Earliest Retirement Age, (iii) retired with an immediate joint and survivor annuity at the Earliest Retirement Age based on his Vested Accrued Benefit on his date of death, and (iv) died on the day after the day on which said Participant would have attained the Earliest Retirement Age. 5.5 TERMINATION OF EMPLOYMENT BEFORE RETIREMENT All rights of a Participant to benefits under the Plan shall cease upon his termination of employment with the Employer, except as specifically provided in this Section 5.5 or as otherwise specifically provided in the Plan. (a) Payment to a Former Participant of the Vested portion of his Accrued Benefit shall begin as of the Normal Retirement Age specified herein, if he is still living. However, the Trustee shall direct the earlier payment of the entire Vested portion of the Present Value of Accrued Benefit, but only if it does not exceed $5,000 ($3,500 for Plan Years beginning prior to January 1, 2000). Furthermore, a Former Participant who terminates employment after satisfying the service requirement for Early Retirement and who thereafter reaches the age requirement of Section 1.15 shall be entitled to receive his benefits under the Plan upon written request to the Trustee. 15 0 0094 That portion of a Terminated Participant's Accrued Benefit that is forfeited shall be used only to reduce future costs of the Plan at such time as it becomes a forfeiture. That portion of a Terminated Participant's Accrued Benefit that is not Vested shall become a forfeiture on the last day of the Plan Year in which the Participant incurs five (5) consecutive 1-Year Breaks in Service. (b) The Vested portion of any Participant's Accrued Benefit shall be a percentage of such Participant's Accrued Benefit determined on the basis of the Participant's number of whole years of his Years of Service according to the following schedule: Vesting Schedule Years of Service Percentage Under 5 Years of Service 5 Years of Service 6 Years of Service 7 Years of Service 8 Years of Service 9 Years of Service 10 Years of Service 0% 50% 60% 7O% 80% 90% 100% (c) Notwithstanding the vesting schedule above, the Vested percentage of a Participant's Accrued Benefit shall not be less than the Vested percentage attained as of the later of the effective date or adoption date of this amendment and restatement. 5.6 (d) Notwithstanding the vesting schedule above, upon any full or partial termination of the Plan, an affected Participant shall become fully Vested in his Accrued Benefit (to the extent funded as of such date of termination) which shall not thereafter be subject to forfeiture. (e) Notwithstanding any provision of the Plan to the contrary, and if authorized in writing by the Trustee, a Participant who is terminated as a result of a proven or admitted crime or misconduct towards the Employer or causing the Employer damage shall forfeit all benefits due under the Plan. DISTRIBUTION OF BENEFITS (a)(1) Unless otherwise elected as provided below, a Participant who is married on the Annuity Starting Date and who does not die before the Annuity Starting Date shall receive the value of all of his benefits in the form of a joint and survivor annuity. The joint and survivor annuity is an annuity that commences immediately and shall be the Actuarial Equivalent of a single life annuity. Such joint and survivor benefits following the Participant's death shall continue to the spouse (as of the Annuity Starting Date) during the spouse's lifetime at a rate equal to 50% 16 000D5 of the rate at which such benefits were payable to the Participant. This joint and 50% survivor annuity shall be considered the designated qualified joint and survivor annuity and automatic form of payment for the purposes of this Plan. An unmarred Participant shall receive the value of his benefit in the form of a life annuity. Such unmarried Participant, however, may elect in wrking to waive the life annuity. The election must comply with the provisions of this Section as if it were an election to waive the joint and survivor annuity by a married Participant, but without the spousal consent requirement. The joint and survivor annuity and the life annuity form of distribution shall be the Actuarial Equivalent of the benefits due the Participant. (2) Any election to waive the joint and survivor annuity must be made by the Participant in writing during the election period and be consented to by the Participant's spouse. If the spouse is legally incompetent to give consent, the spouse's legal guardian, even if such guardian is the Participant, may give consent. Such election shall designate a Beneficiary (or a form of benefits) that may not be changed without spousal consent (unless the consent of the spouse expressly permits designations by the Participant without the requirement of further consent by the spouse). Such spouse's consent shall be irrevocable and must acknowledge the effect of such election and be witnessed by a Plan representative or a notary public. Such consent shall not be required if it is established to the satisfaction of the Trustee that the required consent cannot be obtained because there is no spouse, the spouse cannot be located, or other circumstances that may be prescribed by Regulations. The election made by the Participant and consented to by his spouse may be revoked by the Participant in writing without the consent of the spouse at any time during the election period. The number of revocations shall not be limited. Any new election must comply with the requirements of this paragraph. A former spouse's waiver shall not be binding on a new spouse. (3) The election period to waive the joint and survivor annuity shall be the 90 day period ending on the Annuity Starting Date. (4) With regard to the election, the Trustee shall provide to the Participant no less than 30 days and no more than 90 days before the Annuity Starting Date a written explanation of: (i) the terms and conditions of the joint and survivor annuity, (ii) the Participant's right to make, and the effect of, an election to waive the joint and survivor annuity, (iii) the right of the Participant's spouse to consent to any election to waive the joint and survivor annuity, and (iv) the right of the Participant to revoke such election, and the effect of such revocation. (5) The Annuity Starting Date for a distribution in a form other than a qualified joint and survivor annuity may be less than 30 days after receipt of the written explanation described above, provided that: (i) the Trustee clearly informs the Participant that the Participant has a right to a period of 30 days after receiving the notice to consider whether to waive the joint and survivor annuity and elect (with spousal consent) to a form of distribution other than a joint and survivor annuity, (ii) the Participant is permitted to revoke an affirmative distribution election at least until the Annuity Starting Date, or, if later, at any time prior to the expiration of the 7-day period that begins the day after the explanation of the joint and survivor annuity is provided to the Participant, and (iii) the Annuity Starting Date is a date after the date that the written explanation was provided to the Participant. Notwithstanding the above, the Annuity Starting Date may be a date prior to the date the written explanation is provided to the Participant if the distribution does not commence until at least 30 days after such written explanation is provided, subject to the waiver of the 30-day period as provided for above. (b) In the event a married Participant duly elects pursuant to paragraph (a)(2) above not to receive his benefit in the form of a joint and survivor annuity, or if such Participant is not married, in the form of a life annuity, the Trustee, pursuant to the election of the Participant or his duly appointed guardian or other personal representative in the case of a Participant who has become Totally and Permanently Disabled, shall direct the Trustee to distribute to a Participant or his Beneficiary an amount which is the Actuarial Equivalent of the monthly retirement benefit commencing on his Retirement Date and continuing for the life of the Participant in one or more of the following methods: (1) Monthly pension payable over the life of the Participant. (2) Reduced monthly pension payable over the life of the Participant, with the provision that, ifa Retired Participant dies prior to the completion of 60 monthly payments, the Retired Participant's designated Beneficiary shall receive a lump sum payment equal to the Actuarial Equivalent of the monthly payments which remain to be paid for the balance of the guarantee period. (3) Reduced monthly pension payable over the life of the Participant, with the provision that, ifa Retired Participant dies prior to the completion of 120 monthly payments, the Retired Participant's designated Beneficiary shall 18 0 0097 receive a lump sum payment equal to the Actuarial Equivalent of the monthly payments which remain to be paid for the balance of the guarantee period. (4) Reduced monthly pension payable over the life of the Participant and the life of his designated Beneficiary (50% joint and survivor annuity). (5) Reduced monthly pension payable over the life of the Participant and the life of his designated Beneficiary (75% joint and survivor annuity). (6) Reduced monthly pension payable over the life of the Participant and the life of his designated Beneficiary (100% joint and survivor annuity). However, any such annuity may not be in any form that will provide for payments over a period extending beyond either the life of the Participant (or the lives of the Participant and his designated Beneficiary) or the life expectancy of the Participant (or the life expectancy of the Participant and his designated Beneficiary). (c) The present value of a Participant's joint and survivor annuity derived from Employer and Employee contributions may not be paid without his written consent if the value exceeds $5,000 ($3,500 for Plan Years beginning prior to January 1, 2000). Further, the spouse of a Participant must consent in writing to any immediate distribution. Any written consent required by this Section 5.6(c) must be obtained not more than 90 days before commencement of the distribution and shall be made in a manner consistent with Section 5.6(a)(2). The present value in this regard shall be determined as provided in Section 1.35. If the value of the Participant's benefit derived from Employer and Employee contributions does not exceed $5,000 ($3,500 for Plan Years beginning prior to January 1, 2000), the Trustee may immediately distribute such benefit without such Participant's consent. No distribution may be made under the preceding sentence after the Annuity Starting Date unless the Participant and his spouse consent in writing to such distribution. (d) Any distribution to a Participant who has a benefit which exceeds $5,000 ($3,500 for Plan Years beginning prior to January 1, 2000) shall require such Participant's consent if such distribution commences prior to his Normal Retirement Age. With regard to this required consent: (1) No consent shall be valid unless the Participant has received a general description of the material features and an explanation of the relative values of the optional forms of benefit available under the Plan that would satisfy the notice requirements of Code Section 417. (2) The Participant must be informed of his right to defer receipt of the distribution. If a Participant fails to consent, it shall be deemed an election to defer the commencement of payment of any benefit. However, any election 19 0 0098 to defer the receipt of benefits shall not apply with respect to distributions which are required under Section 5.6(e). (3) Notice of the rights specified under this paragraph shall be provided no less than 30 days and no more than 90 days before the Annuity Starting Date. Notwithstanding the above, the Annuity Starting Date may be a date prior to the date the explanation is provided to the Participant if the distribution does not commence until at least 30 days after such explanation is provided, subject to the waiver of the 30-day period as provided for in Section 5.6(a)(5). (4) Consent of the Participant to the distribution must not be made before the Participant receives the notice and must not be made more than 90 days before the Annuity Starting Date. (5) No consent shall be valid if a significant detriment is imposed under the Plan on any Participant who does not consent to the distribution. Any such distribution may commence less than 30 days, subject to Section 5.6(a)(5), after the notice required under Regulation 1.411(a)-ll(c) is given, provided that: (1)the Trustee clearly informs the Participant that the Participant has a right to a period of at least 30 days after receiving the notice to consider the decision of whether or not to elect a distribution (and, if applicable, a particular distribution option), and (2)the Participant, after receiving the notice, affirmatively elects a distribution. (e) Notwithstanding any provision in the Plan to the contrary, for Plan Years beginning after December 31, 1996, the distribution of a Participant's benefits, whether under the Plan or through the purchase of an annuity contract, shall be made in accordance with the following requirements and shall otherwise comply with Code Section401(a)(9) and the Regulations thereunder (including Regulation 1.401(a)(9)-2), the provisions of which are incorporated herein by reference: (1) A Participant's benefits shall be distributed or must begin to be distributed to him not later than April 1 st of the calendar year following the later of (i)the calendar year in which the Participant attains age 70 1/2 or (ii) the calendar year in which the Participant retires. Such distributions shall be equal to or greater than any required distribution. Any Participant attaining age 70 1/2 in years after 1995 may elect by the April 1 st of the calendar year following the year in which the Participant attained age 70 1/2 (or by December 31, 1997 in the case of a Participant attaining age 70 1/2 in 1996), to defer distributions until the calendar year following the calendar year in which the Participant retires. If no such election is made the Participant will begin receiving distributions by the April 1 st of the calendar year following the year in which the Participant 2o 0 0099 attained age 70 1/2 (or by December 31, 1997 in the case of a Participant attaining age 70 1/2 in 1996). Notwithstanding the foregoing, the "pre-retirement age 70 1/2 distribution option" is only eliminated with respect to Participants who reach age 70 1/2 in or after a calendar year that begins after the later of December 31, 1998, or the adoption date of an amendment eliminating such distribution. The "pre-retirement age 70 1/2 distribution option" is an optional form of benefit under which benefits payable in a particular distribution form (including any modification that may be elected after benefit commencement) commence at a time during the period that begins on or after January 1 st of the calendar year in which a Participant attains age 70 1/2 and ends April 1 st of the immediately following calendar year. Alternatively, if the distribution is to be in the form of a joint and survivor annuity or single life annuity as provided in paragraph (a)(1) above, then distributions must begin no later than the applicable April 1 st as determined under the preceding paragraph and must be made over the life of the Participant (or the lives of the Participant and the Participant's designated Beneficiary) in accordance with Regulations. (2) Distributions to a Participant and his Beneficiaries shall only be made in accordance with the incidental death benefit requirements of Code Section 40 l(a)(9)(G) and the Regulations thereunder. (3) Any Participant who attains age 70 1/2 before 1997, but did not retire from employment with the Employer before January 1, 1997, may elect to cease distributions, provided that: (i) payments recommence to the Participant with the same Beneficiary and in a form of benefit that is the same but for the cessation of distribution, (ii) the individual who was the Participant's spouse on the Annuity Starting Date executed a general consent within the meaning of Regulation 1.401(a)-20, A-31, or (iii) the individual who was the Participant's spouse on the Annuity Starting Date executed a specific consent to waive a qualified joint and survivor annuity within the meaning of Regulation 1.401(a)-20, A-31, and the Participant is not married to that individual when benefits recommence. However, in order to comply with this paragraph (3), consent of the individual who was the Participant's spouse on the Annuity Starting Date is required prior to recommencement if the Participant chooses to recommence benefits either in a different form than the form in which they were being 0 0100 21 distributed prior to the cessation of distributions or with a different Beneficiary and if: (i) the original form was a qualified joint and survivor annuity within the meaning of Code Section 417(b), or (ii) the individual who was the Participant's spouse on the Annuity Starting Date originally executed a specific consent to waive a qualified joint and survivor annuity within the meaning of Regulation 1.401(a)-20, A-31, and the Participant is still married to that individual when benefits recommence. Notwithstanding the above, the Annuity Starting Date upon recommencement of benefits shall be the Annuity Starting Date when benefits originally commenced pursuant to paragraph (1) above. With respect to distributions under the Plan made for calendar years beginning on or after January 1, 2001, the Plan will apply the minimum distribution requirements of Section 401(a)(9) of the Internal Revenue Code in accordance with the Regulations under Section 401(a)(9) that were proposed on January 17, 2001, notwithstanding any provision of the Plan to the contrary. This amendment shall continue in effect until the end of the last calendar year beginning before the effective date of final Regulations under Section 401(a)(9) or such other date as may be specified in guidance published by the Internal Revenue Service. (f) For purposes of this Section, the life expectancy of a Participant and a Participant's spouse (other than in the case of a life annuity) may, at the election of the Participant or the Participant's spouse, be redetermined in accordance with Regulations. The election, once made, shall be irrevocable. If no election is made by the time distributions must commence, then the life expectancy of the Participant and the Participant's spouse shall not be subject to recalculation. Life expectancy and joint and last survivor expectancy shall be computed using the return multiples in Tables V and VI of Regulation 1.72-9 or any subsequent Regulation if applied in a uniform and nondiscriminatory manner. (g) Subject to the spouse's right of consent afforded under the Plan, the restrictions imposed by this Section shall not apply if a Participant has, prior to January 1, 1984, made a written designation to have his retirement benefit paid in an alternative method acceptable under Code Section 401(a) as in effect prior to the enactment of the Tax Equity and Fiscal Responsibility Act of 1982. (h) All annuity Contracts under this Plan shall be non-transferable when distributed. Furthermore, the terms of any annuity Contract purchased and distributed to a Participant or spouse shall comply with all of the requirements of the Plan. 22 0 0101 5.7 DISTRIBUTION OF BENEFITS UPON DEATH (a) A Vested Participant who dies before the Annuity Starting Date and who has a surviving spouse shall have his death benefit paid to his surviving spouse in the form of a Pre-Retirement Survivor Annuity. The Participant's spouse may direct that payment of the Pre-Retirement Survivor Annuity commence within a reasonable period after the Participant's death (but not later than the month in which the Participant would have attained the Earliest Retirement Age under the Plan if the Participant dies on or before the Earliest Retirement Age). If the spouse does not so direct, payment of such benefit will commence at the time the Participant would have attained his Normal Retirement Age. The spouse may not elect a later commencement date. Co) If the present value of the Participant's death benefit derived from Employer and Employee contributions does not exceed $5,000 ($3,500 for Plan Years beginning prior to January 1, 2000), the Trustee shall direct the immediate distribution of such amount to the Participant's Beneficiary. No distribution of the Pre-Retirement Survivor Annuity may be made under the preceding sentence after the annuity starting date unless the spouse consents in writing. The present value in this regard shall be determined as provided in Section 1.35. (c) Notwithstanding any provision in the Plan to the contrary, distributions upon the death of a Participant shall be made in accordance with the following requirements and shall otherwise comply with Code Section 401 (a)(9) and the Regulations thereunder. Distributions to the Participant's surviving spouse must commence on or before the later of~ (1) December 31st of the calendar year immediately following the calendar year in which the Participant died; or (2) December 31st of the calendar year in which the Participant would have attained age 70 1/2. If it is determined pursuant to Regulations that the distribution of a Participant's interest has begun and the Participant dies before his entire interest has been distributed to him, the remaining portion of such interest shall be distributed at least as rapidly as under the method of distribution selected pursuant to Section 5.6 as of his date of death. However, in the event that the Participant's spouse (determined as of the date of the Participant's death) is his Beneficiary, then in lieu of the preceding rules, distributions must be made over the life of the spouse (or over a period not extending beyond the life expectancy of the spouse) and must commence on or before the later off (1) December 31st of the calendar year immediately following the calendar year in which the Participant died; or (2) December 31 st of the calendar year in which the Participant would have attained age 70 1/2. If the surviving spouse dies before distributions to such spouse begin, then the 5-year distribution requirement of this Section shall apply as if the spouse was the Participant. (d) Subject to the spouse's right of consent afforded under the Plan, the restrictions imposed by this Section shall not apply if a Participant has, prior to January 1, 1984, made a written designation to have his death benefits paid in an 23 00IOZ alternative method acceptable under Code Section 401(a) as in effect prior to the enactment of the Tax Equity and Fiscal Responsibility Act of 1982. 5.8 POST-RETIREMENT COST-OF-LIVING INCREASES As of each July 1, the monthly retirement allowance of each Participant whose monthly retirement allowance has been in pay status for the entire 12-month period ending on such July 1 shall be increased by an adjustment factor equal to the smaller of five percent (5%) and a ratio, the numerator of which is the CPI-U determined for the month of April immediately preceding the current July 1 and the denominator of which is the CPI-U for the month of April preceding the previous July 1, with the ratio, so determined, reduced by 1.0. The term CPI-U shall mean the Consumer Price Index for Urban Workers as published by the Department of Labor, Bureau of Labor Statistics. Notwithstanding the above, the monthly retirement allowance of any Participant shall not be increased pursuant to this Section 5.8 to an amount which would exceed the applicable Code Section 415 benefit limitations of Article VI. 5.9 SMALL PAYMENTS (a) Notwithstanding any other provisions of the Plan to the contrary, Retired Participants and Beneficiaries (1) whose benefits have commenced or are eligible to commence on or after January 1, 2000 and (2) whose Actuarial Equivalent of their benefit payments does not exceed $5,000 may, at the option of the Trustee and in a uniform and nondiscriminatory manner, have their remaining payments paid in the form of a lump sum equal to the Actuarial Equivalent of the remaining payments. No such lump sum distribution may be made under the preceding sentence without the written consent of the Retired Participant and the Retired Participant's spouse if benefits have commenced. The retired Participant or Beneficiary shall not then be entitled to any further benefits under the Plan upon receipt of such lump sum unless he returns to employment with the Employer and resumes participation in the Plan. In addition, should such Participant later resume participation in the Plan, his ultimate benefit payable from the Plan shall be redetermined in accordance with the reinstatement provisions of Section 5.10. (b) Any Retired Participant or Beneficiary (1) whose benefits have commenced, (2) whose Actuarial Equivalent of their benefit payments does not exceed $5,000 and (3) who did not consent as specified under Section 5.9(a) above to receive a lump sum distribution following written notification may, at the option of the Trustee and in a uniform and nondiscriminatory manner, have their remaining payments paid quarterly instead of monthly, with each such quarterly payment three (3) times the amount of the respective monthly payment and distribution of such quarterly payment at the beginning of the respective quarter. This Section 5.9(b) does not provide any quarterly payment option in lieu of a lump sum distribution not to exceed $5,000 without written consent by the Participant or Beneficiary which is permitted under any other provision of the Plan. 24 0 0103 (c) Commutation of Benefits - If a Participant's Beneficiary is not a natural person, or if more than one Beneficiary or person is entitled to receive annuity payments, the Trustee may in its sole discretion commute the value of annuity payments and pay the Actuarial Equivalent value in a lump sum payment. 5.10 REINSTATEMENT In the event a Retired Participant receiving a retirement allowance or a terminated Participant entitled to a deferred vested benefit under the Plan should resume his status as an Eligible Employee, his retirement payments, if any, shall cease and the Participant's rights to benefits under the Plan shall be subject to redetermination as of any subsequent discontinuation of service as an Eligible Employee with credit for all Years of Service, whether or not continuous, in accordance with the provisions of the Plan then in effect. The amount of such redetermined benefits shall be reduced by the Actuarial Equivalent of any retirement or termination benefits previously received under the Plan, but the amount shall not be reduced to an amount less than the Vested Accrued Benefit attributable to service and Compensation after resuming status as an Eligible Employee. Any Plan amendment subsequent to the discontinuation of service as an Eligible Employee shall in no way affect the amount of a Participant's retirement allowance to which the Participant is entitled except as otherwise specifically provided herein. 5.11 BENEFIT ELECTION PROCEDURE (a) Date of Commencement of Payments - Any election or related waiver required for a distribution from the Plan under Section 5.6, 5.7 or a related Section shall be made in writing to the Trustee, and such election, on approval by the Trustee in the Trustee's sole discretion, shall be effective as of the date benefits are to commence being paid under the Plan. Upon receipt by the Trustee of such application, the Trustee shall determine all facts which are necessary to establish the right of the applicant to benefits and the amount of the benefits under Plan provisions. Except as limited by Section 5.6 or 5.7, whenever the Trustee is to make a distribution, the distribution may be made or begun as soon as practicable following receipt of a complete written application for benefits. (b) Change of Election - Any election may be altered, amended or revoked by the Participant prior to the date as of which the first payment of his benefit would normally be made on forms provided by the Trustee for this purpose. After the date as of which a Participant's benefit payments are to commence, no further elections or adjustments in the amount of the allowance will be permitted. (c) No Retroactive Benefit Payments - Notwithstanding any other provision of the Plan to the contrary, the failure of a Participant and/or spouse to consent to a distribution or otherwise provide a complete written application for benefits to the Trustee while any part of the Vested Accrued Benefit could otherwise be distributed shall be deemed to be an election to defer commencement of payment of any benefit sufficient to satisfy this Section and no retroactive benefit payment(s) shall be made. 25 0 O104 (d) Notification of Participant - The Trustee shall notify a Participant in writing of his eligibility for benefits at such times and in such a manner it deems necessary to ensure a Participant is given advance notice of his eligibility for benefits, consistent with the notice provisions of Section 5.6. (e) Responsibility of Participant - It is the responsibility of the Participant (1) to notify the Employer of any address change which may reasonably be expected to prevent the Trustee from delivering the above written notifications, (2) to complete and submit the necessary application for any benefits in a timely manner to the Trustee and (3) to file any claim for a specific benefit in writing with the Trustee pursuant to Section 2.10. 5.12 DISTRIBUTION FOR MINOR BENEFICIARY OR INCAPACITATED PERSON (a) In the event a distribution is to be made to a minor, then the Trustee may direct that such distribution be paid to the legal guardian, or if none, to a parent of such Beneficiary or a responsible adult with whom the Beneficiary maintains his residence, or to the custodian for such Beneficiary under the Uniform Gift to Minors Act or Gift to Minors Act, if such is permitted by the laws of the state in which said Beneficiary resides. Such a payment to the legal guardian, custodian or parent of a minor Beneficiary shall fully discharge the Trustee, Employer, and Plan from further liability on account thereof. (b) The Trustee may refuse to make payments to any person who in its judgment is incapable for any reason of providing a valid receipt for such payment and make payments which such person would have otherwise received to his appointed guardian, committee or attorney-in-fact. Such payments shall fully discharge the Trustee, Employer and Plan from futher liability on account thereof. 5.13 LOCATION OF PARTICIPANT OR BENEFICIARY UNKNOWN In the event that all, or any portion, of the distribution payable to a Participant or his Beneficiary hereunder shall remain unpaid after seven (7) years after such distribution becomes payable solely by reason of the inability of the Trustee, after sending a registered letter, return receipt requested, to the last known address, and after further diligent effort, to ascertain the whereabouts of such Participant or his Beneficiary, the amount so distributable shall be forfeited and shall be used to reduce the cost of the Plan. In the event a Participant or Beneficiary is located subsequent to his benefit being forfeited, such benefit shall be restored unadjusted for earnings or losses, except missed payments shall not be restored. 5.14 QUALIFIED DOMESTIC RELATIONS ORDER DISTRIBUTION All rights and benefits, including elections, provided to a Participant in this Plan shall be subject to the rights afforded to any "alternate payee" under a "qualified domestic relations order." Furthermore, a distribution to an "alternate payee" shall be permitted if such distribution is authorized by a "qualified domestic relations order," even if the affected Participant has not 26 0 0105 separated from service and has not reached the Earliest Retirement Age. For the purposes of this Section, "alternate payee" and "qualified domestic relations order" shall have the meaning set forth under Code Section 414(p). ARTICLE VI CODE SECTION 415 LIMITATIONS 6.1 ANNUAL BENEFIT For purposes of this Article, "annual benefit" means the benefit payable annually under the terms of the Plan (exclusive of any benefit not required to be considered for purposes of applying the limitations of Code Section 415 to the Plan) payable in the form of a straight life annuity with no ancillary benefits. If the benefit under the Plan is payable in any other form, the "annual benefit" shall be adjusted to the equivalent of a straight life annuity pursuant to Section 6.3(c). 6.2 MAXIMUM ANNUAL BENEFIT (a) Notwithstanding the foregoing and subject to the exceptions below, the maximum "annual benefit" payable to a Participant under this Plan in any "limitation year" shall equal $90,000, as adjusted pursuant to paragraph (d) below (the "$90,000 limitation"). (b) For purposes of applying the limitations of Code Section 415, the "limitation year" shall be the Plan Year. (c) Notwithstanding anything in this Article to the contrary, if the Plan has complied at all times with the requirements of Code Section415, the maximum "annual benefit" for any individual who was a Participant as of the first day of the "limitation year" beginning after December 31, 1986, shall not be less than the "current accrued benefit." "Current accrued benefit" shall mean a Participant's Accrued Benefit under the Plan, determined as if the Participant had separated from service as of the close of the last "limitation year" beginning before January 1, 1987, when expressed as an annual benefit within the meaning of Code Section 415(b)(2). In determining the amount of a Participant's "current accrued benefit," the following shall be disregarded: (1) any change in the terms and conditions of the Plan after May 5, 1986; and (2)any cost of living adjustment occurring after May 5, 1986. (d) The dollar limitation under Code Section415(b)(1)(A) stated in paragraph (a) above shall be adjusted annually as provided in Code Section 415(d) pursuant to the Regulations. The adjusted limitation is effective as of January 1 st of each calendar year and is applicable to "limitation years" ending with or within that calendar year (e.g., $160,000 for the limitation year beginning July 1, 2001). 6.3 (e) For the purpose of this Article, all qualified defined benefit plans (whether terminated or not) ever maintained by the Employer shall be treated as one defined benefit plan. Section 6.6(e) specifies the coordination with such other plans for purposes of the limitations determined under Code Section 415. ADJUSTMENTS TO ANNUAL BENEFIT AND LIMITATIONS (a) If the "annual benefit" begins before age 62, the $90,000 limitation shall be the actuarial equivalent of the $90,000 limitation, reduced for each month by which benefits commence before the month in which the Participant attains age 62, but not reduced below $75,000 if benefits commence on or after age 55. If the "annual benefit" begins before age 55, the $90,000 limitation shall be the actuarial equivalent of a straight life annuity of $75,000, reduced for each month by which benefits commence before the month in which the Participant attains age 55. In order to determine actuarial equivalence for this purpose, the interest rate assumption is the greater of five percent (5%) or the rate specified in Section 1.3. The mortality decrement shall be ignored to the extent that a forfeiture does not occur at death. (b) If the "annual benefit" begins at~er age 65, the $90,000 limitation shall be increased so that it is the actuarial equivalent of the $90,000 limitation at age 65. In order to determine actuarial equivalence for this purpose, the lesser of the equivalent amount computed using the Plan interest rate and Plan mortality table used for actuarial equivalence for late retirement benefits under the Plan and the equivalent annual amount computed using five percent (5%) and the "Applicable Mortality Table" under the Regulations shall be used. The mortality decrement shall be ignored to the extent that a forfeiture does not occur at death. (c) For purposes of adjusting the "annual benefit" to a straight life annuity, the adjustment shall be made pursuant to Section 1.3 except that the interest rate assumption shall be the greater of five percent (5%) or the rate specified in Section 1.3. (d) For purposes of Sections 6.1, 6.3(a) and 6.3(b), no adjustments under Code Section 415(d) shall be taken into account before the "limitation year" for which such adjustment first takes effect. (e) For purposes of Section 6.1, no adjustment is required for qualified joint and survivor annuity benefits, pre-retirement death benefits and post-retirement medical benefits. (f) The reduction in the $90,000 limitation under Section 6.3(a) shall not apply to (1) or (2) below: (1) Disability or survivor benefits - benefits received as the result of the Participant becoming disabled by reason of personal 0 0107 28 injuries or sickness or benefits received by a spouse, Beneficiary or estate of a Participant as the result of the death of the Participant. (2) Qualified police or firefighters - benefits received by a full time employee of any police or fire department which is organized and operated by the Employer to provide police protection, firefighting services, or emergency medical services for any area within the jurisdiction of the Employer and with respect to whom the period of service taken into account in determining his benefits under the Plan includes at least fifteen (15) years of service as such a full time employee described above or as a member of the Armed Forces of the United States. (g) If a Participant has less than ten (10) years of participation in the Plan at the time he begins to receive benefits under the Plan, the limitations in Sections 6.2(a) and 6.3 above shall be reduced by multiplying such limitations by a fraction (a)the numerator of which is the number of years of participation (or part thereof) in the Plan and (b) the denominator of which is ten (10), provided, however, that said fraction shall in no event be less than 1/10th. This reduction shall not apply to disability or survivor benefits as specified under Section 6.3(0(1). The limitation of Section 6.4 shall be reduced in the same manner except the first sentence above under Section 6.3(g) shall be applied with respect to years of service with the Employer rather than years of participation in the Plan. Additionally, the above described reductions to the limitations in Section 6.3 shall be applied separately with respect to each change in the benefit structure of the Plan adopted before August 3, 1992. 6.4 ANNUAL BENEFIT NOT IN EXCESS OF $10,000 This Plan may pay an "annual benefit" to any Participant in excess of his maximum "annual benefit" if the "annual benefit" derived from Employer contributions under this Plan and all other defined benefit plans maintained by the Employer does not in the aggregate exceed $10,000 for the "limitation year" or for any prior "limitation year" and the Employer has not at any time maintained a defined contribution plan in which the Participant participated. For purposes of this paragraph, if this Plan provides for voluntary or mandatory Employee contributions, such contributions will not be considered a separate defined contribution plan maintained by the Employer. 6.5 INCORPORATION BY REFERENCE Notwithstanding anything contained in this Article to the contrary, the limitations, adjustments and other requirements prescribed in this Article shall at all times comply with the provisions of Code Section415 and the Regulations thereunder, the terms of which are specifically incorporated herein by reference. 29 0 0108 6.6 QUALIFIED GOVERNMENTAL EXCESS BENEFIT ARRANGEMENT (a) Establishment of a Qualified Governmental Excess Benefit Arrangement Notwithstanding anything herein to the contrary, a "qualified governmental excess benefit arrangement", as permitted under Code Section 415(m), is established as a portion of this Plan effective July 1, 2001. (b) Qualifying Criteria Pursuant to Code Section 415(m)(3), this qualified governmental excess benefit arrangement means a portion of the Plan, a governmental plan (as defined in Code Section 414(d)), under which the conditions below are met at all times: (1) This portion of the Plan is maintained solely for the purpose of providing to Participants in the Plan that part of the Participant's annual benefit otherwise payable under the terms of the Plan that exceeds the limitations on benefits imposed by Code Section 415; (2) Under this portion of the Plan, no election is provided at any time to the Participant (directly or indirectly) to defer compensation; and (3) Benefits described directly above under (1) are not paid from a trust forming a part of this Plan unless such trust is maintained solely for the purpose of providing these benefits. To ensure compliance with this condition, to avoid certain Participant taxation issues, and notwithstanding certain other references to the possible establishment of such a trust for nonqualified benefits, such benefits are to be paid only from the general assets of the Employer. (c) Taxation of Participant For all purposes under the Code, the taxable year or years for which amounts in respect of this qualified governmental excess benefit arrangement are includible in gross income by a Participant, and the treatment of such amounts when so includible by the Participant, shall be determined as if this qualified governmental excess benefit arrangement were treated as a plan for the deferral of compensation which is maintained by a corporation not exempt from tax under the Code and which does not meet the requirements for qualification under Code Section 401. (d) This Plan Not Affected In determining whether this Plan meets the requirements of Code Section 415, benefits provided under this qualified governmental excess benefit arrangement shall not be taken into account. Income accruing to this Plan (or to a trust that is maintained solely for the purpose of providing benefits under this 3o 0 0109 qualified governmental excess benefit arrangement) in respect of this qualified governmental excess benefit arrangement shall constitute income derived from the exercise of an essential government function upon which this Plan (or trust) shall be exempt from tax under Code Section 115. (e) Coordination with Other Plans For purposes of determining limitations on benefits imposed by Code Section 415, benefits provided to a Participant under this Plan must be aggregated with benefits provided to the Participant under any other qualified defined benefit retirement plan sponsored by the Employer, including the Virginia Retirement System (VRS), the terms of which are set forth under Title 51.1 of the Virginia Code. Furthermore, since Section 51.1-168 B of the Virginia Code requires that the Employer must first reduce benefits otherwise provided under this Plan before benefits under VRS are reduced whenever a reduction in benefits is required to meet the annual benefit limit required under Code Section 415, benefits provided under this qualified governmental excess benefit arrangement will include benefits which would otherwise be provided under this Plan attributable to the requirements of such Section of the Virginia Code. (f) Amount, Timing and Form of Payments (1) Amount - The amount of benefit payable under this Section 6.6 for a Participant will be determined at retirement and in each subsequent determination year as the excess, if any, of the total amount payable without regard to Code Section 415 over the total amount payable under the qualified portion of the Plan after application of Code Section 415, with each respective amount payable being determined under the coordination provisions of Section 6.6(e). (2) Timing and Form - Any benefit payable under this Section 6.6, including any death benefit, shall be made at the same time, in the same manner, as the same type, and in the same payment form as the qualified benefits payable under this Plan. ARTICLE VII TRUSTEE 7.1 BASIC TRUST FUND RESPONSIBILITIES OF TI-IE TRUSTEE (a) In addition to the administrative responsibilities of Article II, the Trustee shall have the following categories of responsibilities: (1) Consistent with the "funding policy and method" determined by the Employer, to invest, manage, and control the Plan assets subject, however, to the direction of the Employer or an Investment Manager if the Trustee should appoint such manager as to all or a portion of the assets of the Plan; 0 Olio 31 (2) To pay benefits required under the Plan to be paid to Participants, or, in the event of their death, to their Beneficiaries; and (3) To maintain records of receipts and disbursements and furnish to the Employer for each Plan Year a written annual report per Section 7.6. (b) In the event that the Trustee shall be directed by the Employer, or an Investment Manager with respect to the investment of any or all Plan assets, the Trustee shall have no liability with respect to the investment of such assets, but shall be responsible only to execute such investment instructions as so directed. (1) The Trustee shall be entitled to rely fully on the written instructions of the Employer, or any Fiduciary or nonfiduciary agent of the Employer, in the discharge of such duties, and shall not be liable for any loss or other liability, resulting from such direction (or lack of direction) of the investment of any part of the Plan assets. (2) The Trustee may delegate the duty to execute such instructions to any nonfiduciary agent, which may be an affiliate of the Trustee or any Plan representative. (c) If there shall be more than one Trustee, they shall act by a majority of their number, but may authorize one or more of them to sign papers on their behalf. 7.2 INVESTMENT POWERS AND DUTIES OF THE TRUSTEE (a) The Trustee shall invest and reinvest the Trust Fund to keep the Trust Fund invested without distinction between principal and income and in such securities or property, real or personal, wherever situated, as the Trustee shall deem advisable, including, but not limited to, stocks, common or preferred, bonds and other evidences of indebtedness or ownership, and real estate or any interest therein. The Trustee shall at all times in making investments of the Trust Fund consider, among other factors, the short and long-term financial needs of the Plan on the basis of information furnished by the Employer. In making such investments, the Trustee shall not be restricted to securities or other property of the character expressly authorized by the applicable law for trust investments; however, the Trustee shall give due regard to any limitations imposed by the Code or the Act so that at all times the Plan may qualify as a qualified Pension Plan and Trust. (b) The Trustee may employ a bank or trust company pursuant to the terms of its usual and customary bank agency agreement, under which the duties of such bank or trust company shall be of a custodial, clerical and record-keeping nature. 32 O 0111 7.3 OTHER POWERS OF THE TRUSTEE The Trustee, in addition to all powers and authorities under common law, statutory authority, including the Act, and other provisions of the Plan, shall have the following powers and authorities, to be exercised in the Trustee's sole discretion: (a) To purchase, or subscribe for, any securities or other property and to retain the same. In conjunction with the purchase of securities, margin accounts may be opened and maintained; (b) To sell, exchange, convey, transfer, grant options to purchase, or otherwise dispose of any securities or other property held by the Trustee, by private contract or at public auction. No person dealing with the Trustee shall be bound to see to the application of the purchase money or to inquire into the validity, expediency, or propriety of any such sale or other disposition, with or without advertisement; (c) To vote upon any stocks, bonds, or other securities; to give general or special proxies or powers of attorney with or without power of substitution; to exercise any conversion privileges, subscription rights or other options, and to make any payments incidental thereto; to oppose, or to consent to, or otherwise participate in, corporate reorganizations or other changes affecting corporate securities, and to delegate discretionary powers, and to pay any assessments or charges in connection therewith; and generally to exercise any of the powers of an owner with respect to stocks, bonds, securities, or other property. However, the Trustee shall not vote proxies relating to securities for which it has not been assigned full investment management responsibilities. In those cases where another party has such investment authority or discretion, the Trustee will deliver all proxies to said party who will then have full responsibility for voting those proxies; (d) To cause any securities or other property to be registered in the Trustee's own name or in the name of one or more of the Trustee's nominees, and to hold any investments in bearer form, but the books and records of the Trustee shall at all times show that all such investments are part of the Trust Fund; (e) To borrow or raise money for the purposes of the Plan in such amount, and upon such terms and conditions, as the Trustee shall deem advisable; and for any sum so borrowed, to issue a promissory note as Trustee, and to secure the repayment thereof by pledging all, or any part, of the Trust Fund; and no person lending money to the Trustee shall be bound to see to the application of the money lent or to inquire into the validity, expediency, or propriety of any borrowing; (f) To keep such portion of the Trust Fund in cash or cash balances as the Trustee may, from time to time, deem to be in the best interests of the Plan, without liability for interest thereon; 33 0 0112: (g) To accept and retain for such time as the Trustee may deem advisable any securities or other property received or acquired as Trustee hereunder, whether or not such securities or other property would normally be purchased as investments hereunder; (h) To make, execute, acknowledge, and deliver any and all documents of transfer and conveyance and any and all other instruments that may be necessary or appropriate to carry out the powers herein granted; (i) To settle, compromise, or submit to arbitration any claims, debts, or damages due or owing to or from the Plan, to commence or defend suits or legal or administrative proceedings, and to represent the Plan in all suits and legal and administrative proceedings; (j) To employ suitable agents, Investment Managers, advisors and counsel and to pay their reasonable expenses and compensation, and such agent or counsel may or may not be agent or counsel for the Employer; (k) To apply for and procure from responsible insurance companies, to be selected and/or terminated by the Trustee, as an investment of the Trust Fund such annuity, or other Contracts (on the life of any Participant) as the Trustee shall deem proper; to exercise, at any time or from time to time, whatever rights and privileges may be granted under such annuity, or other Contracts; to collect, receive, and settle for the proceeds of all such annuity or other Contracts as and when entitled to do so under the provisions thereof; (1) To invest funds of the Trust in time deposits or savings accounts bearing a reasonable rate of interest in the Trustee's bank; (m) To invest in Treasury Bills and other forms of United States government obligations; (n) To invest in shares of investment companies registered under the Investment Company Act of 1940; (o) To sell, purchase and acquire put or call options if the options are traded on and purchased through a national securities exchange registered under the Securities Exchange Act of 1934, as amended, or, if the options are not traded on a national securities exchange, are guaranteed by a member firm of the New York Stock Exchange; (p) To deposit monies in federally insured savings accounts or certificates of deposit in banks or savings and loan associations; (q) To pool all or any of the Trust Fund, from time to time, with assets belonging to any other qualified employee pension benefit trust created by the Employer or an affiliated company of the Employer, and to commingle such assets and make joint or common investments and carry joint accounts on behalf 34 0 011:3 of this Plan and such other trust or trusts, allocating undivided shares or interests in such investments or accounts or any pooled assets of the two or more trusts in accordance with their respective interests; (r) To do all such acts and exercise all such rights and privileges, although not specifically mentioned herein, as the Trustee may deem necessary to carry out the purposes of the Plan. 7.4 DUTIES OF THE TRUSTEE REGARDING PAYMENTS The Trustee shall, from time to time, in accordance with the terms of the Plan, make payments out of the Trust Fund. The Trustee shall not be responsible in any way for the application of such payments. 7.5 TRUSTEE'S COMPENSATION AND EXPENSES AND TAXES The Trustee shall be paid such reasonable compensation as shall from time to time be agreed upon in writing by the Employer and the Trustee. An individual serving as Trustee who already receives full-time pay from the Employer shall not receive compensation from the Plan. In addition, the Trustee shall be reimbursed for any reasonable expenses, including reasonable counsel fees incurred by it as Trustee. Such compensation and expenses shall be paid from the Trust Fund unless paid or advanced by the Employer. All taxes of any kind and all kinds whatsoever that may be levied or assessed under existing or future laws upon, or in respect of, the Trust Fund or the income thereof, shall be paid from the Trust Fund. 7.6 ANNUAL REPORT OF THE TRUSTEE Within a reasonable period of time after the later of the Anniversary Date or receipt of the Employer contribution for each Plan Year, the Trustee shall furnish to the Employer and Administrator a written statement of account with respect to the Plan Year for which such contribution was made setting forth: (a) the net income, or loss, of the Trust Fund; (b) the gains, or losses, realized by the Trust Fund upon sales or other disposition of the assets; (c) the increase, or decrease, in the value of the Trust Fund; (d) all payments and distributions made from the Trust Fund; and (e) such further information as the Trustee deems appropriate. The Employer, forthwith upon its receipt of each such statement of account, shall acknowledge receipt thereof in writing and advise the Trustee of its approval or disapproval thereof. Failure by the Employer to disapprove any such statement of account within thirty (30) days after its receipt thereof shall be deemed an approval thereof. The approval by the Employer of any statement of account shall be binding as to all matters embraced therein as between the Employer and the 0114 Trustee to the same extent as if the account of the Trustee had been settled by judgment or decree in an action for a judicial settlement of its account in a court of competent jurisdiction in which the Trustee, the Employer and all persons having or claiming an interest in the Plan were parties; provided, however, that nothing herein contained shall deprive the Trustee of its right to have its accounts judicially settled if the Trustee so desires. 7.7 RESIGNATION, REMOVAL AND SUCCESSION OF TRUSTEE (a) The Board shall appoint three (3) or more persons to serve as Trustees at the pleasure of the Board. A Trustee shall be an Eligible Employee or Retired Participant. Any Trustee may resign at any time by delivering to the Board, at least fifteen (15) days before its effective date, a written notice of his resignation. (b) The Board may request the resignation of or otherwise remove the Trustee by mailing by registered or certified mail, addressed to such Trustee at his last known address, a written notice of his removal. (c) Upon the death, resignation, incapacity, or removal of any Trustee, a successor may be appointed by the Board; and such successor, upon accepting such appointment in writing and delivering same to the Board, shall, without further act, become vested with all the estate, rights, powers, discretions, and duties of his predecessor with like respect as if he were originally named as a Trustee herein. Until such a successor is appointed, the remaining Trustee or Trustees shall have full authority to act under the terms of the Plan. (d) The Board may designate one or more successors prior to the death, resignation, incapacity, or removal of a Trustee. In the event a successor is so designated by the Board and accepts such designation, the successor shall, without further act, become vested with all the estate, rights, powers, discretions, and duties of his predecessor with the like effect as if he were originally named as Trustee herein immediately upon the death, resignation, incapacity, or removal of his predecessor. (e) Whenever any Trustee hereunder ceases to serve as such, and if requested by the Board, he shall furnish to the Employer a written statement of account with respect to the portion of the Plan Year during which he served as Trustee. This statement shall be either (i) included as part of the annual statement of account for the Plan Year required under Section 7.6 or (ii)set forth in a special statement. Any such special statement of account should be rendered to the Employer no later than the due date of the annual statement of account for the Plan Year. The procedures set forth in Section 7.6 for the approval by the Employer of annual statements of account shall apply to any special statement of account rendered hereunder and approval by the Employer of any such special statement in the manner provided in Section 7.6 shall have the same effect upon the statement as the Employer's approval of an annual statement of account. No successor to the Trustee shall have any duty or responsibility to investigate the 36 0 011S acts or transactions of any predecessor who has rendered all statements of account required by Section 7.6 and this subparagraph. 7.8 TRANSFER OF INTEREST Notwithstanding any other provision contained in this Plan, the Trustee shall transfer the Vested interest, if any, of such Participant in his account to another trust forming part of a pension, profit sharing or stock bonus plan maintained by such Participant's new employer and represented by said employer in writing as meeting the requirements of Code Section 401(a), provided that the trust to which such transfers are made permits the transfer to be made. 7.9 DIRECT ROLLOVER (a) Notwithstanding any provision of the Plan to the contrary that would otherwise limit a distributee's election under this Section, a distributee may elect, at the time and in the manner prescribed by the Trustee, to have any portion of an eligible rollover distribution that is equal to at least $500 paid directly to an eligible retirement plan specified by the distributee in a direct rollover. (b) For purposes of this Section the following definitions shall apply: (1) An eligible rollover distribution is any distribution of all or any portion of the balance to the credit of the distributee, except that an eligible rollover distribution does not include: any distribution that is one of a series of substantially equal periodic payments (not less frequently than annually) made for the life (or life expectancy) of the distributee or the joint lives (or joint life expectancies) of the distributee and the distributee's designated beneficiary, or for a specified period of ten years or more; any distribution to the extent such distribution is required under Code Section 401(a)(9); the portion of any other distribution that is not includible in gross income (determined without regard to the exclusion for net unrealized appreciation with respect to employer securities); and any other distribution that is reasonably expected to total less than $200 during a year. (2) An eligible retirement plan is an individual retirement account described in Code Section408(a), an individual retirement annuity described in Code Section 408(b), an annuity plan described in Code Section 403(a), or a qualified trust described in Code Section 401(a), that accepts the distributee's eligible rollover distribution. However, in the case of an eligible rollover distribution to the surviving spouse, an eligible retirement plan is an individual retirement account or individual retirement annuity. (3) A distributee includes an Employee or former Employee. In addition, the Employee's or former Employee's surviving spouse and the Employee's or former Employee's spouse or former spouse who is the alternate payee under a qualified domestic relations order, as defined in 0 0116 37 Code Section414(p), are distributees with regard to the interest of the spouse or former spouse. (4) A direct rollover is a payment by the Plan to the eligible retirement plan specified by the distributee. ARTICLE VIII PLAN AMENDMENT 8.1 (a) The Employer shall have the right by action of the Board documented in writing at any time to amend the Plan, subject to the limitations of this Section and with the Trustee's written consent, other than an amendment to remove a Trustee. Any such amendment shall become effective as provided therein upon its execution. (b) No amendment to the Plan shall be effective if it authorizes or permits any part of the Trust Fund (other than such part as is required to pay taxes and administration expenses) to be used for or diverted to any purpose other than for the exclusive benefit of the Participants or their Beneficiaries or estates; or causes any reduction in the Accrued Benefit of any Participant or in the benefits of any Participant or Beneficiary in payment status; or causes or permits any portion of the Trust Fund to revert to or become property of the Employer. (c) Notwithstanding the above, any form of benefit or payment option may be removed or modified as long as the benefit provided as a result of such amendment is an Actuarial Equivalent of the Accrued Benefit of such Participant, spouse or Beneficiary determined as of the effective date of such amendment. ARTICLE IX PLAN TERMINATION 9.1 TERMINATION While the Employer expects to continue the Plan indefinitely, the Plan's continuation is not assumed as a contractual obligation. The Employer shall have the right to discontinue its contributions and to terminate the Plan at any time by delivering to the Trustee written notice of such termination by action of the Board. Upon any termination (full or partial), all amounts shall be allocated in accordance with the provisions hereof and the Accrued Benefit, to the extent funded as of such date, of each affected Participant shall become fully Vested and shall not thereafter be subject to forfeiture. Upon full termination of the Plan, the Employer shall direct the distribution Of the assets in the Trust Fund to the Participants in a manner which is consistent with Section 5.6. In such case, the Trustee shall distribute the assets to the remaining Participants in the Plan and to retired Participants in cash or through the purchase of irrevocable deferred commitments from an insurer, subject to provision for expenses of administration or liquidation. Such distributions shall be allocated in the following order to the extent of the sufficiency of such assets, basing such allocation on the Accrued Benefit for each such 38 0 0117 Participant at the date of termination of the Plan and allocated prorata among the persons in the category below at which point assets are insufficient to provide all benefits as of the date of plan termination: (1) to provide pensions to retired Participants who have retired under the Plan prior to its termination without reference to the order of retirement; (2) to provide Normal Retirement Benefits to Participants who have reached their Normal Retirement Dates but have not retired on the date of termination, without reference to the order in which they shall have reached their Normal Retirement Date; (3) to provide Early Retirement Benefits to Participants who have reached their Early Retirement Dates but have not retired on the date of termination, without reference to the order in which they shall have reached their Early Retirement Date; (4) to provide all Accrued Benefits which were nonforfeitable (other than because of termination of the Plan) under the Plan; (5) to provide all other benefits under the Plan, without reference to the order in which they will reach their Normal Retirement Date. Such benefits will be based upon Accrued Benefits as of the date of termination. (6) The balance, if any, of the assets held by the Trust Fund after such allocation shall be returned to the Employer, but only after the satisfaction of all liabilities with respect to Participants and pensions under the Plan. ARTICLE X MISCELLANEOUS 10.1 PARTICIPANT'S RIGHTS This Plan shall not be deemed to constitute a contract between the Employer and any Participant or to be a consideration or an inducement for the employment of any Participant or Employee. Nothing contained in this Plan shall be deemed to give any Participant or Employee the right to be retained in the service of the Employer or to interfere with the right of the Employer to discharge any Participant or Employee at any time regardless of the effect which such discharge shall have upon him as a Participant of this Plan. 10.2 ALIENATION (a) Subject to the exceptions provided below, no benefit which shall be payable out of the Trust Fund to any person (including a Participant or his Beneficiary) shall be subject in any manner to anticipation, alienation, sale, transfer, assignment, pledge, encumbrance, garnishment, collateralization or 0 011 39 charge, and any attempt to anticipate, alienate, sell, transfer, assign, pledge, encumber, garnish, collateralize or charge the same shall be void; and no such benefit shall in any manner be liable for, or subject to, the debts, contracts, liabilities, engagements, or torts of any such person, nor shall it be subject to attachment or legal process for or against such person, and the same shall not be recognized by the Trustee, except to such extent as may be required by law. (b) This provision shall not apply to a "qualified domestic relations order" defined in Code Section 414(p), and those other domestic relations orders permitted to be so treated by the Administrator under the provisions of the Retirement Equity Act of 1984. The Administrator shall establish a written procedure to determine the qualified status of domestic relations orders and to administer distributions under such qualified orders. Further, to the extent provided under a "qualified domestic relations order," a former spouse of a Participant shall be treated as the spouse or surviving spouse for all purposes under the Plan. (c) This provision shall not apply to an offset to a Participant's accrued benefit against an amount that the Participant is ordered or required to pay the Plan with respect to a judgment, order, or decree issued, or a settlement entered into, on or after August 5, 1997, in accordance with Code Sections 401(a)(13)(C) and (D). In a case in which the survivor annuity requirements of Code Section 401(a)(11) apply with respect to distributions from the Plan to the Participant, if the Participant has a spouse at the time at which the offset is to be made: (1) either such spouse has consented in writing to such offset and such consent is witnessed by a notary public or representative of the Plan (or it is established to the satisfaction of a Plan representative that such consent may not be obtained by reason of circumstances described in Code Section 417(a)(2)(B)), or an election to waive the right of the spouse to either a qualified joint and survivor annuity or a qualified pre-retirement survivor annuity is in effect in accordance with the requirements of Code Section 417(a), (2) such spouse is ordered or required in such judgment, order, decree or settlement to pay an amount to the Plan in connection with a violation of fiduciary duties, or (3) in such judgment, order, decree or settlement, such spouse retains the right to receive the survivor annuity under a qualified joint and survivor annuity provided pursuant to Code Section 401(a)(11)(A)(i) and under a qualified pre-retirement survivor annuity provided pursuant to Code Section 401(a)(11)(A)(ii). 40 00l1'- 10.3 CONSTRUCTION OF PLAN This Plan and Trust shall be construed and enforced according to the Act and the laws of the Commonwealth of Virginia, other than its laws respecting choice of law, to the extent not preempted by the Act. 10.4 GENDER AND NUMBER Wherever any words are used herein in the masculine, feminine or neuter gender, they shall be construed as though they were also used in another gender in all cases where they would so apply, and whenever any words are used herein in the singular or plural form, they shall be construed as though they were also used in the other form in all cases where they would so apply. 10.5 LEGAL ACTION In the event any claim, suit, or proceeding is brought regarding the Trust and/or Plan established hereunder to which the Trustee or the Employer may be a party, and such claim, suit, or proceeding is resolved in favor of the Trustee or the Employer, they shall be entitled to be reimbursed from the Trust Fund for any and all costs, attorney's fees, and other expenses pertaining thereto incurred by them for which they shall have become liable. 10.6 PROHIBITION AGAINST DIVERSION OF FUNDS (a) Except as provided in Section 9.1, Section 10.13 or below and otherwise specifically permitted by law, it shall be impossible by operation of the Plan or of the Trust, by termination of either, by power of revocation or amendment, by the happening of any contingency, by collateral arrangement or by any other means, for any part of the corpus or income of any trust fund maintained pursuant to the Plan or any funds contributed thereto to be used for, or diverted to, purposes other than the exclusive benefit of Participants, Retired Participants, or their Beneficiaries or defraying reasonable expenses of administering the Plan. (b) In the event the Employer shall make an excessive contribution under a mistake of fact pursuant to the Act, the Employer may demand repayment of such excessive contribution at any time within one (1) year following the time of payment and the Trustees shall return such amount to the Employer within the one (1) year period. Earnings of the Plan attributable to the excess contributions may not be returned to the Employer but any losses attributable thereto must reduce the amount so returned. 10.7 EMPLOYER'S AND TRUSTEE'S PROTECTIVE CLAUSE Neither the Employer, nor the Trustee, nor their successors shall be responsible for the validity of any Contract issued hereunder or for the failure on the part of the insurer to make payments provided by any such Contract, or for the action of any person which may delay payment or render a Contract null and void or unenforceable in whole or in part. 0 O1;gO 41 10.8 INSURER'S PROTECTIVE CLAUSE Any insurer who shall issue Contracts hereunder shall not have any responsibility for the validity of this Plan or for the tax or legal aspects of this Plan. The insurer shall be protected and held harmless in acting in accordance with any written direction of the Trustee, and shall have no duty to see to the application of any funds paid to the Trustee, nor be required to question any actions directed by the Trustee. Regardless of any provision of this Plan, the insurer shall not be required to take or permit any action or allow any benefit or privilege contrary to the terms of any Contract which it issues hereunder, or the rules of the insurer. 10.9 RECEIPT AND RELEASE FOR PAYMENTS Any payment to any Participant, his legal representative, Beneficiary, or to any guardian or committee appointed for such Participant or Beneficiary in accordance with the provisions of the Plan, shall, to the extent thereof, be in full satisfaction of all claims hereunder against the Trustee and the Employer, either of whom may require such Participant, legal representative, Beneficiary, guardian or committee, as a condition precedent to such payment, to execute a receipt and release thereof in such form as shall be determined by the Trustee or Employer. 10.10 ACTION BY THE EMPLOYER Whenever the Employer under the terms of the Plan is permitted or required to do or perform any act or matter or thing, it shall be done and performed by a person duly authorized by its legally constituted authority. 10.11 NAMED FIDUCIARIES AND ALLOCATION OF RESPONSIBILITY The "named Fiduciaries" of this Plan are (1) the Employer and (2)the Trustee. The named Fiduciaries shall have only those specific powers, duties, responsibilities, and obligations as are specifically given them under the Plan or as accepted by or assigned to them pursuant to any procedure provided under the Plan, including but not limited to any agreement allocating or delegating their responsibilities, the terms of which are incorporated herein by reference. In general, unless otherwise indicated herein or pursuant to such agreements, the Employer shall have the duties specified in Article II hereof, as the same may be allocated or delegated thereunder, including but not limited to the responsibility for making the contributions provided for under Section 4.1; and shall have the authority to appoint and remove the Trustee; to formulate the Plan's "funding policy and method"; and to amend or terminate, in whole or in part, the Plan. The Trustee shall have the responsibility for the administration of the Plan, including but not limited to the items specified at Article II of the Plan, as the same may be allocated or delegated thereunder. The Trustee shall have the responsibility of management and control of the assets held under the Trust, except to the extent directed pursuant to Article II or with respect to those assets, the management of which has been assigned to an Investment Manager, who shall be solely responsible for the management of the assets assigned to it, all as specifically provided in the Plan and any agreement with the Trustee. Each named Fiduciary warrants that any directions given, information furnished, or action taken by it shall be in accordance with the provisions of the Plan, authorizing or providing for such direction, information or action. Furthermore, each named Fiduciary may rely upon any such direction, information or action of another named Fiduciary as being proper under the Plan, and is not required under the Plan to inquire into the propriety of any such direction, information or action. It is intended under the Plan that each named Fiduciary shall be responsible for the proper exercise of its own powers, duties, responsibilities and obligations under the Plan as specified or allocated herein. No named Fiduciary shall guarantee the Trust Fund in any manner against investment loss or depreciation in asset value. Any person or group may serve in more than one Fiduciary capacity. In the furtherance of their responsibilities hereunder, the "named Fiduciaries" shall be empowered to interpret the Plan and Trust and to resolve ambiguities, inconsistencies and omissions, which findings shall be binding, final and conclusive. 10.12 HEADINGS The headings and subheadings of this Plan have been inserted for convenience of reference and have been to be ignored in any construction of the provisions hereof. 10.13 APPROVAL BY INTERNAL REVENUE SERVICE (a) Notwithstanding anything herein to the contrary, contributions to this Plan are conditioned upon the qualification of the Plan under Code Section 401. If the Plan receives an adverse determination with respect to its qualification, then the Plan may return such contributions to the Employer within one year after such determination, provided the application for the determination is made by the time prescribed by law as the Secretary of the Treasury may prescribe. (b) Furthermore, should the Commissioner of Internal Revenue or his delegate determine that the Plan, as amended and restated, fails to qualify under Section 401 of the Internal Revenue Code, or that the Plan, as amended and restated, will qualify under Section 401 of the Internal Revenue Code only if subject to caveats and conditions which are unacceptable to the Employer, and the Employer declines to make such amendments to the Plan as may be necessary to have it qualify under such Section, then the amended and restated Plan shall be treated as if it had never been adopted. 10.14 UNIFORMITY All provisions of this Plan shall be interpreted and applied in a uniform, nondiscriminatory manner. In the event of any conflict between the terms of this Plan and any Contract purchased hereunder, the Plan provisions shall control. 0 O122 43 above written. 1N WITNESS WHEREOF, this Plan has been executed the day and year first Chesterfield County By E~LO~R ATTEST TRUSTEE TRUSTEE TRUSTEE 44 0 01;~3 CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 1 of ~- AGENDA Meeting Date: November 28, 2001 Item Number: s.c.14. Subject: Extend the Time for Planning Commission Recommendations on Location of Adult Uses County Administrator's Comments: County Administrator: Board Action Requested: Grant the Planning Commission until FeDruary 19, 2002, to make its recommendation. Summary of Information: On August 22, 2001, the Board of Supervisors referred possible 7. oning Ordinance amendments relat±ng to the locations of adult uses to the Planning Commission for cons±deration. At the Planning Commission's September 18, 2001, meeting, the Commission appointed Commiss£oner's Gecker and T,±tton to serve on a subcommittee to study proposed amendments to the 7,on±rig Ordinance relating to the location of adult, uses. Under the Code of Virginia, unless the Board grants additional time, the Planning Commission must make their recommendation on the Zoning Ordinance amendments within 100 days of the amendment being referred to the Commission. The Commission has requested that the Board give the Commission an additional sixty ( 60 ) days to make a recommendat ion. · Thomas E. J~/s~ - - ' ' C:DATNAGENDN2001/NOV2801.1/GOK Attachments: J--[Yes I 4o # CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 2 Meeting Date: November 28, 2001 Item Number: a.c. 15. Subject: 1) Initiation of Rezoning Application for Proposed Richmond Senior Center Facility at Featherstone Office Complex and 2) Transfer of $1,600 from Midlothian District Improvement Fund to Planning Department for Rezoning Application Fee County Administrator's Comments: ~_~.~~ '/~'~ County Administrator: Board Action Requested: The Board of Supervisors is requested to 1) initiate a rezoning application for the proposed Richmond Senior Center facility at Featherstone Office Complex and appoint an agent and 2) transfer $1,600 from the Midlothian District Improvement Fund to the Planning Department to cover the rezoning application. Summary of Information: Richmond Senior Center, Inc. ("Center") is a non-profit corporation which provides long-term care assistance to the elderly. It offers therapeutic programs that promote independent functioning and help to delay the need for more restrictive and costly long-term care for elderly citizens. The Center plans to build a new facility at the Featherstone Office Complex but needs rezoning to do so. The rezoning application fee is $1,600. So that the Center does not have to pay this cost, Mr. Barber is requesting the Board to initiate the rezoning application. Also, so that the Planning Department receives the $1,600 fee to cover the cost of holding public hearings and publishing advertisements, Mr. Barber requests the Board to transfer $1,600 from the Midlothian District Fund to the Planning Department. (continued) Preparer: ~~~7~ /~{~-v-~ Title:Director, Budget &Management Preparer: · R ~ T. son Attachments: Title: Director, Planning 0423:55467. l Yes ~ No CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 2 of 2 Meeting Date: November 28, 2001 Item Number: The Center originally requested that the Board donate the $1,600 application fee directly to the Center. Under the Code of Virqinia, the Board is not legally authorized to give the $1,600 to the Center since the Center is not a qualifying organization to which the Board can make donations. If the Board approves this request, it will authorize the following actions in accordance with Board policy: 1) Initiate a rezoning application to amend CUPD Case 87SO44 to permit indoor recreational uses on the parcel designated as Tax Id No. 739-713-8707. 2) Appoint Mr. Kirk Turner as the Board's agent to represent the Board's interests during the rezoning process. 3) Transfer $1,600 from the Midlothian District Improvement Fund to the Planning Department to pay the application fee for this rezoning application. For information regarding available balances in the District Improvement Fund accounts, please reference the District Improvement Fund Report. 0423:55467.1 FRC)~ : SENIOR CENTER OF RICHMOND FAX NO. : 9J. 58343-J.54J. Now, 20 2001 04:2GPM /=2 DISTRICT IMPROVEMENT FUNDS This ap;lice'don mu=t ba completed and signed before the County can consider a reque~ for ~unding with Disl~iot Improvement Funds. Completing and signing this form does not mean that you will receive funding or that the County can legally coi~ider your request. Virginia law places substantial restrictions on the authority of the CountY to give public funds, such as Distxict Improvement Funds, to private persons or organizations end these restrictions may preclude the County's IlQard of Supervisors from even considering your request. Whet is the name of the applicant (person or organization) making this funding recluseS? If an organization is the applicant, what is the nature ~nd purpose af the organization? (Also attach organization's most recan~ articles Of Incorporation end/or bylaWs to application,} Whet is the amount of funding you ara seeking? Describe in detail the funding request and , .' , ! _ _ ~_(~/ how the money,.~f alll~roved, will be spent. Is any County D~partmant involved in the you are seeking funde? If this request for funding will not ~uily fund your .ctivity or program, what other i.dividuals or ~ga.iza~ions will provide ~he mmalndar of the funding? c.~o7~33~3,1 NDU-20-20~l 1~:52 9158343 1541 P.02 FROM : SENIOR CENTER OF RICHMOND FAX NO. : 9158343-1541 Now. 28 2001 04:26PM P3 If applicant is an organization, answer the following: Is the organizatian a corporation? Is [he organizatian non-profit? Is the organization tax-exempt? What is the address of the applicant maldng this funding request? What Is the telephone ~umber, fax number, e-mall address of Wa applicant? ,Yes L,/" ~/' No _ Yea -- L// ,/No Y.s __ i ~ No Signature ef applicant. If you are signing on behalf of an organization you muir be the president, vi~;e-presidant, chairman or vioe- chairman of the organization. Signature Tltle (if sttnlng on behalf of an organize.Iaaa) Prln~ad Name TDTRL P. 04 NOU-20-200[ ~6:53 9~58343 1541 P.03 FROM : SENIOR CENTER OF RICHMOND FAX NO. : 9158~4~-1541 Nov. 20 2001 04:27PM P4 MISSION STATEMENT ...TO SERVE THE OLDER ADULT LIVING INDEPENDENTLY IN THE COMMUNITY, THROUGH PROGRAMS DESIGNED TO ENHANCE OR MAINTAIN MENTAL AND PHYSICAL HEALTH AND WELLNESS, GOOD COGNITIVE FUNCTIONING, SOCIALIZATION AND COMMUNITY SUPPORT. THE SERVICES OF THE SENIOR CENTER ARE PART OF THE TOTAL CONTINUUM OF COMMUNITY-BASED LONG- TERM CARE AND SERVICES FOR OLDER ADULTS. THESE THERAPEUTIC PROGRAMS ENHANCE THE QUALITY OF LIFE, PROMOTE INDEPENDENT FUNCTIONING, AND SUPPORT FAMILY CAREGIVERS. THESE COMPONENTS WORK TOGETHER TO PREVENT OR DELAY THE NEED FOR MORE RESTRICTIVE AND COSTLY LONG-TERM CARE. NOU-20-2081 16:53 9158343 1541 P.04 FROM : SENIOR CENTER OF RICHMOND FaX NO. : 9158343-1541 Nou. 20 2001 04:27PM PS Adopted 5/~/94 Revision Approved 3/21/96 Revision Approved 3/19/98 ,Re~..'on Approved 11/I 8/99 SENIOR CENTER OF RICHMOND, VA., INC. BY-LAWS 1. NAME. 'l'he name of the corP0~0n shall be VtRGtN~A, ~NCORPORA~O. ' .SEN~O.R CENTER OF PaC3tMO~rD 2. PURPOSE..The purpose of the Senior Center of Richmond shall be to serve the active o/der adult age 50 and old~' in the community, thrOUgh programming to meet the needs of the whole person.., physica/ly, mentally and emotionally. The program of the Senior Center is a par of the total contiamma of community based, long term care for older adults. The goal Of the senior Center of Richmond/s lo promote good, menial health, independent function/ng, and to enhan~ the quality oflife for its participants. The Senior Center of Richmond reaches out to older adults of all races, ~h'gions, and national original · 3. ~ON £ D1SCRIMINATION POLICY_. Them will be no discrimination with regard to age, t-ace, .religion, sex or national origin in ali matters relating to employment, by or service on ~he Board of thc Ce~cr. Howevex, mennber~p at the Settlor Centea- i$ limited to those age 50 and over. 4. NON-PROFIT STATUS. In all its affai~ the Center shall be operated 'as a orgaaizafio~ but nominal fees as determined by the Board of D~zztors may be charged to me~bem as annual or s~n/-annual due~ for services'provided, such fecx to be designed to fit w/thin ~ income of the pezsomlsex-ve~ Any member more than three (3) mo~ delinquent in the payment 0fdues, after proper notice may ~ dropped from membership. Scholarships are available for those who mee~ the inexnne/asset standards established by the Board of Di,-e~rs. BOARD OF DmECTOR~ · I. ]',II. Sv~F_.~ ~ number of elected Directors shall not exceed thirty-Six 06)'nor be less than twenty-four (24) and the ~ ofeX-officio Directors shall be four, but in each ca~ such number .,~y he increased or ~ at any t/me by amendment of theae By-laws; provided only that the number of elected Directors shall a/ways be a multiple of three (3). TI~ President of the Junior I.~ague of Riehtaond, Vivg/nia, or 1~ designee,.~e Lmmed/ate past Pr~deaI of the Cent~ (if not ~ ~,.nting as an elected D/rector), the Preside~ of the 5unior Board ofd~e Cea~,.and th~ Exectaive Director of the Center $1mL1 be e~t-officio Dizector~ and slmll be entitled to notice of and to vote at and parlicipale inall meetings of the Board. The Board shall have general oversight of the operations of the Cemer, including determimlion of policies and approval of the overall program NOU-2a-2001 16:54 9158343 1541 FROM : SENIOR CENTER OF RICHMOND FAX NO. : 9158343-1541 Nov. 20 2001 04:28PM P6 2. NOMINATION AND ELECTION. The Board D~velopment Committ~ sh',dl submit a slate of Directors for three year terms. The Nominating Committee will submit a slate of officers for a one year tm're. These nominations shall be mailed to the Board of Director 1.5 days prior to the election. The election of DireCtors .thaIl take plac.~ at thc regular January meeting of theBoard, and the elected Directors shall take offi~ at the Marc.~ meeting, i In addition to nominations made by the Board D~vdopm~ and Nominating Committees, further nominations may be mad~ from the floor at the January meeting, and in ease of any additional nominations, the election shall proceed by se~ ballot with the twelve 02) persons receiving the highest number of vot~ being ele~d. All nominees must have given prior agreement to serve if elected. A director shall be eligible for re~l~x:tion. 3. Y^CANCtES AND IN^CaT~ MEMBERS,. a_ Vacancies. Vacancies arising among the elected D/rectors, for any reason, shall be filled by the Directors 'then serving from nominees presen, ted by the Board Development Committee, The Director(s) so elected shall serve the unexpired term of the Director{s) whose vacancy is thus filled. b. Failure to Perform. Any Director who fails to fulfill the duties ofperf0rmance or does not affend at least 50% of Bo~d meetings annually may be dismissed by vote of the Executive Corem/tree. Notice .of this action shall be given by' registered mail to the Director who is dismissed. 4. ~. Regular meetings Of the Board of Directors shall be held on the third Thursday in September, November, Januarg, March, May .and July of each year. Newly elected Directors shall be inmalled at the annual meeting of the Board in March of each year. Special meetings of'the Board of Directors may be called for any purpose at my.t/me by any officer or by one-third of the members of'the Board. Notice offlae time and plaCe of. each meeting of the Board of Directo?s shall be given at least two days pr/or thereto to each D/rector at his .or her last known post Office address or telephone number as g/yen to the Seca-etary. Meetings may be~held without notice if all the Directo~ are pr~ent Or if not/ce is waived by those not present either before or after such meeti~ 5. _OuoRUlvl. One-third of the number of Direclors, then serving, (~ncluding both elected and ex-offic/o D/rectors) shall constitute a quorum for the transaction of business; except that, for approval of the budget, amendment of the Articles of Incorporation, or consideration 'of major policy decisions (as determin~ by the -Executive Commitlee), a majority of the number of Direclom so fixed shall constitute a ql. ioru~ /.t" less fl~an a quorum shall ,be in attendance at the time for which a meeting shall have been called, tt/e meeting may be recessed from time to time by a major/fy of the Directors Present, without not/ce other than by announcement at the meeting, until a quorum shall attend. /- \ NOV-20-2001 16:55 9158343 1541 P.06 FROM : SENIOR CENTER OF RICHMOND FAX NO. : 9158343-1541 Nov. 28 2881 04:28PM P? ARTICLE ,.rOm, OR BOARD 1. ~ION. Mere .b~p to the Jun/or Board of the Senior Centex shall be by invitation proposed by one active mexn~r in good standing. Such Board shall be elected re'accordance with thc By- laws or stand/ng rules adopted by such Board. 2. PURP~. SE. The purlx~ of the Junior Board of the Senior ~ter shall be ~o further the aims, ideals and activities of the Center through fundraisiag and volunteer services mtdcr the guidance of the Board olD' _tr~__ors. ARTICLE IV The Executive Committee shall consist of hhcr, e membors of the Board of D/rectors who arc then serv/ng as officers of the Center. This Gommiuee may be expanded to include committee chairmen or their des/gnees based upon the busings to be Wansacted. The Exeoutive Committe~, when th~ Board of Directors La not in session, may to the extent perm/l~t by law, exercise all powers of the Directors (except to approvc an amendment of the Art/clc~ of Incorporation), and authorize, the seal of the Corporation to be . affixed as .require& The Executive Committee may make rules, for the homing and conduct of its meetings, the notice thereof required, and the keeping of its records. The immediate past President of the Center, the Executive Director, and thc Pres/clem of fl~e Jun/or Board shall be ex-officio members of the Executive Corem/tree and shall be entitled to notice of and to vote and participate in all meetings of, the Executive Committee. ARTICLE V 1. "ELF_C~ON, The officers of the Board shall be elected at thc reg,~ia~ January meet/rig of the Board olD/ream from a slate submilled by the Nom/na~on Committee by ma/i, 15 days prior to the Janumy meeting of the Board of Directors and from any nominations made a! the Jmauary meeting from the floor, pr0v/ded in each instance that lhe pr/or camsent of thc nominee has beea obtained. In the case of more ~- one nora/nee for any office, the election shalJ proceed by secret ballot. Each officer shall hold office for a two' year retina for no more than two ,.onser~ve terms or unffi h/s ~r is elec/cd and qual/fied, or until his.removal by the Board of Directnrs. Ali office~ sh~ll be chosen fora thc Directors, and any two officers may be combined in any person except that the presidency may not be combined with ~y other office. 2. REMOVAl., Any officer of the Board may be removed w/th cause at any time by resolution ~ by affirmative vote'ora majority ofthe D/rectors then serving. The Board of D~ may from t/me to time fill any vacandcs ocaming among its officern Th, nomlna~g comm/ttee shall present nominees should a vacancy occur. .3 NOV-20-2081 1G:55 9158343 1541 P.07 FROM : SENIOR CENTER OF RICHMOND FAX NO. : g158~43-1541 Nov. 28 2881 04:29PM P8 3. .DUTIES OF OFFICERS. 'lhe officers of the Board shall have such dudes as generally perta/a/ng to their offices, as well as such powers and duties as may from time to time be conferred or /reposed upon them by the Board of Directors. By way of illustration and not limitatiov., the of'-ficers set out below shall have the following duties: a. President The President shall - Co) (i) Be a member of and preside at all meetings of the Board of Directors. 60 Be a memher of and preside at all me~ of the Executive Committee. (iii) Be co-responsible with the Executive Director for the preamtation of the Centers request to the Allocation Committee of United Way Services. (iv) Appoint those Directors who are to serve on' all standing and special committees, except as expressly prodded in these By-laws. (v) Has privilege of attending all'meetings of Standk, g and Special Committees, with exception of the Nomination Committee. (vi) Meet regularly with. the Executive Director and other ~_aff membem neces.qary. (v/i) Conduct an annum personnel evaluation review with the Exeeut/ve Director each year with participation Of the Vice presidem and the Chaiqxa'son of the Personnel Committee. (viii) With the ass/stance of the Executive Director, submit a x,a/tten report ofthe Centers activities at the annual Board meeting in March. (ix) Be author/zed to sign Sen/or Center Checks in the absence of the Executive Director (x) Bc authorized lo cosign checks $500 and over as required. ~ The V/ce-Pres/dent shall, in the absence of the President, assume the duties of that office. In case of a permanent vacancy in thc office of President, thc Vice-Pres/dent ~all automatically assume the duties. The vice-president shall also be authorized to sign Sen/or Center checks when the Pres/dent and the Treasurer is tmava/lable.. The Vice pres/dent shall l;~n-ficipate in the performance evaluation of the Executive Director, with the Pres/dent and the Ch~n of the Personnel Corem/tree; R~er. ording Secretarg. Tim Record/ng Secretary shall keep accurate recxads of the proceedm' gs at meetings of the Board of Directors and the Executive Committee, and shall be responsible for g/ving notice of all spec/al meetings. The secretmy will also be atCdaotqz~ to sign Sea/or Center checks when other officers are unavailable Treasurer. The Treasurer shall - (0 (ii) (iii) Have knowledge of all funds and securities of the Center. Review accounts of the assets and liabilities, receipts and disbursements of the Center. Be authorized to s/gn checks in the absence of the Executive Director. 4 NOV-20-2081 16:~S g158343 1541 P.08 FROM : SENIOR CENTER OF RICHMOND FAX NO. : 9158343-1541 Nov. 20 2001 04:30PM PB (iv) (vi) Be authorized to cosign chccks $500 and over as needed. Present a Emanchl statement of' the Center at each regular meeting of th~ Board of Directors, and at such other timcs as the President shall request, obtain an audited £mancial statcnncnt of ~he Ceatc~s opera6ons for the prior fiscal year. In conjunction with the ExecxCdve D~, and in a timely manner, file all requited govemment.~.d Uniled Way Services 'statements, 'including tax ARTICLE VI COMMITTE~ 1.' AP~DIN'I-IVlENT. Th~ Presi&~t shall appo~ the chairman and, in addition to those ouherw~ appointed in these By-ha, s, the metal, rs from the Board of Directors to serve on each standing and special qormni~Ih~ Centex. Each committee once constituted may include persom not members of thc Board of D/rectors who shatl serve in an adviso~ role. 2.. STANDING COMMI'~S. Tl~e following standing oommitte~ shall be appointed each year. All committees shall be accotmtable to the Executive Committee. Each committee will meet regularly, and have the purpose descn~ below and the following duties as listed in the personnel (d) Finance Committee, The F/nm~ce Commi~ shall be ac~untable to the 'Executive Committee for planning, budgeting'and ovexs~ing the financial alTa/rs of the C~entcr, and for developing add/t/on,al sources of fiaanc/al support. ,The £mance q:omrmttee shall be required to submit any recommendafiom made by 'the corem/tree before the Executive Committee for full approval.. ..House Corem/tree.. The House Committee is responsible' for the general appeamacq safety and ma/ntenarr~ of the Senior Cente~ and its grounds. Fundmi~g Oomm;,_~. It is lhe pmlmSe of the Fuadm/sing Commi~ to plan, coontinate and implement a 3-year plan of ~ activities and events to benefit the S~ot Center of Ridamond and its membershipl As the Senior Center c°ntimu:s toward 'its goal of financial strength;this committee ~.il be ~esponsl'ble for winking Wilh the Executive Director, the 'Finance and Long Range Planning Committees to establish an anaaal schedule of activilies and events which will produce monies to support lhe Seni. 'or .Centcr~ INs COmmittee will include at least one member, from the fiance committee, and members drawn both from the Board and from thc Semi.or Center membersMp_ Long Range PlannMg Cqmmi,e,-. This Comn~ttee sl~ll work w/th the Executive DirecWr and the Board of Directors to develop future d/xections/goals forth/; Sen/or NOV-20-2081 16:56 9158343 1541 P.09 FROM : SENIOR CENTER OF RICHMOND FAX NO. : 9158343-154$ Now. Center, which will assurc continued quality service to older ~ults in thc community, and for establishing a strategic plan which will result in goal a~hicvement The strategic plan shall include ~ogram (service and growth) goals, a financial plan, and a time framc for implementation and achicvement. The committee shall work with staff members to develop and maintain an approwiatc, balanced, and stimulating program for members ofth~ Senior Center. Thc program designed shall be consistent with thc Mission Statement of thc Senior Center, and shall focus on/neeting the needs of the whole person - physically, mentally and emotionally. The Long-Range Planning Committee shall be accountable to the Executive Committee of the Board of Direetxnx MarketinWMembership. Commi!te~. shall assist the Executive D/rector of the Senior Center in promoting awareness of the mission and services of the Senior Center in the community, increasing visibility in order to increase membership and potential donors. ¢) Personnel Committee.. Shall be responsible fox' establishing and maintaining good personnel polities and practices, at the Senior Center. The chairman of this committee shall be responsible in conjunction with. the lh'esidenl and the Vice President, for conducting an annual personnel evaluation 'review w/th the Executive Director. ~.Board Development Committee. Shall be responsible for the nomination of the Directors of the Sen/or Center, and shall submit these to the Board of Directors as specified in the Senior Center By-laws, Should a vacancy arise on ltae Board of D/rectors, the Board Development Committee shall convene and recommend a AD BOC CON~r'I'~FS. _Le~/slativ.e Commi.ttee._Shall be responsible monitor/ng leg/slat/on affecting sen/or citizens in the Virginia General Assembly, as needed. Co) _b/om/nations Committee Shall. be responsible for the nomimfions of a date of ollicer.q at the Janumy Board of D/rectors meeting. This Committee .xhall be elected annually by the Board of D/re~ during the September Meeting ARTICLE VII · EXE~ DIRECTOR · 1...APPO~. The Executive Director shall be appointed by the Board of Directors and is rexponsible directly to ii 2. ~. The Executive Director shall: NOU-20-20~l 16:57 9158~43 1541 SBX P.10 FROM : SENIOR CENTER OF RICHMOND FAX NO. : 9158343-1541 Nov. 20 2001 04:J1PM (a) (c) (e) (0 O) Work w~th the Board and the Commit~es of the Board in planning, execufin~ and evaluating policies and procedures. Will comply wifla all policy and ~es as recommended by the Board of Directors. Will manage and raake decisions on day to day operations at thc Senior Cemter. Will prepare aa annual budget in conjunction w/th the board of directors, Will superv/se finand~l operations at ~he Centex. In conjunction ~ith the board will develop a long-term stra(egic plan for the Sen/or Center of Richmond. Will be respons~le for implementing (he strate~c plan recoramended by the Board. Will raaintain a pos/live level of communication and interaction with ~he Senior Center member, and with the Senior Council. Will identify and pttrsue sources of revenue for the Senior Center Will recruit, hire, and supeavise competem Will assure that sexvices and programs offered at thc Set, or Cen~ meet fn¢ needs and interests of seniors in the community Will develop an annual budget, in conjunction with the F/nancc Comm/ttee of the Board. Will direct outreach to thc community to reach older adults who will benefit from the Center's Services) to expand Senior Center mcmbe~a/p and to educate and create awareness/n the community of the benefits of Senior'Center Will ma/nta/n a pos/t/ye and proactive relationship with the United Way Services to educate United Way as.to the value of Sen/or center Services in the Community. Will complete ali reports and ass/gnments as required by thc United Way and will comply with united Way Services smadards of Exeellence. WiIt work with the Junior Board of Volunteers ~! maintain a positive relationship. Wi.~ support Jun/or Board fundraising projec~ and will design voluateer placements, which are me ningfui to voluateers and beneficial to the Center. W/Il )xatic/pate with community agencies and groups as an advocate and resource for the' Ser~.'or Center and the elderly in the commun/ty, l~a~jcipate w/th professional orgaaizations which offer' inform~on, education and rcso'urc~ meet/ng the needs of the aging population ARTICLE VIII ..m'DEMN ¢AT ON OY AND DmZ'fOR S 1. I~ GI~ERAL. The Center shall indemn~ ~ny person who was or is a party 0r ~s thr~ to be made a party ~o m~y threatene~ pending or com~ act/on, suit or proceed/ng, whether civil, cr/m/ml, adm/n/suafive or invesfigat/ve and whether formal or informal (including aa act/on or suite by or/n the ~ of the Center ~o procure a j-Sgment in it~ faroo by reason of the fact that he is or was a D/rector or o~cer of Re Center, or while a D/rector or Officer of the Cemer, is'or was serving at the request o£ the C. exr~ as a Director or officer of another coxpor~on or other enterprise, again~judgments, fines, amouats ' paid ha se~/e, ment, and expenses (including attorn~ fees) actually and rea~nably incurred by him.in ~_ion ual. th sash ac~on, suit or proceeding ff the Diree~r or Officer conducted himself in good faith and bet/eve~ in the case of condu~/n an ot~cial capac/ly w/th thc Center, th~ his conduct was in thc NOU-20-2001 16:58 915B~4~ 1541 P.11 FROM : SENIOR CENTER OF RICHMOND FAX NO. : 9155~43-1541 Nov. 20 2001 04:31PM Center's best interest; and in all other cases, lhat his conduct was at least not opposed to the Center's best interest~ and in the case of any criminal proceeding the Director or Officer had no reasonable cause to believe the conduct was unlawful. The term/nation of any act/on, suit or proceeding by judgment, order or settlement shall not of itself create a presumption that the person did not act in good faith and in the manner he reasonably believed to be in or not opposed to the best interests of the Center. 2. LIMITATION. Notwithstanding tho provisions of Section 1 of this Article vm, no indemn/fication shall be made in conndct/on w/th a proceeding by or in' the right of the Center in which the Director or officer was adjudged .liable to thc Center, or in connection with any other proceeding whether or not involving action in his official capad~; in which the Director or officer was adjudged Iiable on the bads that personal benefit was improperly received by him. 3..EXT~ OF INDEMNYI'y. To *,.he extent that any such person haw has been successful on the merits or othemdze in defense of any action, suit or proceeding referred to in Section 1 ofthis Article VIII, or in defense of any claim, issue or matter there/n, he shall be indemnified aga/nst expenses (including attorneys' fees) actually and w.,ason~bly incmred by him in connection therewith. 4. DETERMINATION OF G(~.D FAITI~ Any indemnification under Section 1 of this Articlc VIII (unless ordered by a court), shall be made by the Center only as aml~orized in the specific case, upon a detcnn/nation that indcnmilication of any such person is proper in the c/rcumstances because he has met the applicable standard of conduct set forth in such section. Such determination ~ be made either (i) by the Board of Directors by a majority vote of a Quorum cons/si/ne of D/xeclors who were not parties to Such action, sa/t or proceeding or (fi) if such a quorum is not obtainable, or even if obtainable a quorum of d/hntercsted d/rectors so directs, by independent legal counsel/ha written op/nion. Il'the deterrhnafion is to be made by law, on the adv/ce of independent counsel. 5j ADVANCES. Expenses incurred in defending an action, suit or proceeding, whether civil, adm/n/stmt/ve or investigat/ve,, trlay be pa/d by tile Cellter in advance of the final disposition.of such action, su/te or proceeding as auihorized in the man~ Provided in Sect/on 4 ofth/s Article VIII, upon receipt of a written statement from the Officer or Director of Iris good faith'.belief that he has met the standard of conduct described in Section I of th/s Axticle; and a written undertak/ng to rePay such mnount unless it shall ulfmately be determined that he is entitled to be mderanified by thc Center as authorized in this Art/cie VIII. 6. PERSONS COVERRr~. Every reference herein to Director or Officer shall include former Directors or Officers, and fl~eir respect/ye heirs, eXecutors and administrators. The fight of indemnification hereby provi .deal shall not be exclusive of any other fights to which any Director or Officer may be entitled, hnclud/ng any r/ght under policies of insurance that may be purchased and maintained by the Center or others, w/th respect to claims, issues or mattem in relation to which the Centex would not have the power to in~ such Director or Officer Under the prov/.q/ons of this Article V'BI. NOU-20-2B~l 16:58 9158343 1541 P.12 FROM : SENIOR CENTER OF RICHMOND FAX NO, : 9158~43-1541 Now. 20 2001 04:32PM P13 These By-laws may be amended by a two-th/rds vote ora quorum of tho Board of Director~ present at any regular or special meeting of thc Board called for such purpose, prodded a written notice including the proposed amendment is sent to all Directors at least fifteen (15) days prior to the meeting at which .~d amendment is to be considered_ ARTICLE X PARLIAMENTARY Al JTHORITY The Parliamentary. Authority for the Board of Directors shall be Roberts Rul.es of Ord~,..Newl¥ Revised, except where otherwise stated in these By-Laws. ARTICI.E Xl AUXILLtO~.Y ORGANIZATIONS The By-laws of any organization of the Cenler, with the'exception of the Junior Board of the Senior Center, ~hali have no effect until approved by the Board of Directom NOU-20-2001 16:59 9158343 1541 96X P.15 FROM : SENIOR CENTER OF RICHMOND Nov. 28 2001 04:J2PM P14 ARTICLES OF INCORPORATION OF SENIOR CENTER OF RICHMOND, VA., INC.. _A Vir$inia Non-Stock Corporation (1) The name of the corporation shall be SENIOR CENTER OF RICHMOND, VA., INC. (2) The corporation is formed to provide a day center having recreational and educational facilities for senior citizens of Richmond, Virginia, over 50 years of age and, as such, shall be operated exclusively for literary, charitable, scientific or educational purposes. No part of the corporation,s net earnings shall enure to the benefit of any director or individual and the corporation shall not engage in carrying on propaganda or otherwise attempting to influence legislation, or participate or intervene in (including the publishing or dis- tribution of statements) any political campaign on behalf of any candidate for public office. (3) The corporation shall have no members. (#) The initial registered office of the corporation is established at 1003 Electric Building, Richmond, Virginia. The initial registered agent shall be B. Warwick Davenport who is a member of the Virginia State Bar and whose business address is Identical with the address of ~he initial registered office. NOU-20-20~l 16:59 9158343 1541 P. 14 FROM : SENIOR CENTER OF RICHMOND FAX NO. : 915834~-1541 Nov, 20 2001 04:J3PM PI$ (5) Initially there shall be 30 elected directors and two ex officio directors, but the number of elected directors may be changed from time to time by the by-laws, pro- vided that the number of elected directors shall always be a multiple of three and shall not be less than six. The elected directors shall be classified with respect to the time for which they shall severally hold office by dividing them into three classes~ each consisting of one-thi~ of the whole number of elected directors. The ~erms of office of the persons initially serving as elected directors shall expire on the dates set opposite their respective names below. At each annual election the successors to the class of elected directors whose terms shall expire that year shall be elected by all the directors in office For a term of three years so that the ter~ of office of one class of elected directors shall expire in each year. An elected director filling a vacancy resulting otherwise ~han ~rom the expiration of a term of office of an elected director shall serve for the unexpired term of office of the elected directors of the class to which he is elected. The ex officio directors shall be the incombents from time to ~ime of the offices of President of The Junior League of Richmond~ Virglnia~ and Execotlve Director of the Senior Center opera~ed by the corporation. The initial Board of Directors shall consist of th~ ~0 elected directors named below, whose terms shall e~pfre on the dates indicated oDposite their respect!ye na~es, and the ~"~'0V-20-2001 17:00 91~1B~4~ 1~41 P. 1~ FROM : SENIOR CENTER OF RICHMOND FAX NO. : 9158343-1541 Nov. 28 2881 84:J3PM P16 two ex officio directors named below, whose terms shall expire when they cease to be incumbents of the offices indicated opposite their respective names: Name Mrs. Delmar Brown Edward Gregory Theron Harrel Mrs. St. George Tucker Lee John Lynch Mrs. Charles Bruce Miller M. rs. Charles B. Molster, Jr. Mrs. Kelsey Regen Miss Elizabeth R. Smith Mrs. Robert P. Trice Elected Directors Address 505 Shrewsbury Road Richmond, Virginia University of Richmond Richmond, Virginia "Redoliffe" Sabot, Virginia 700 Baldwin Road Richmond, Virginia 1000 W. Grace Street Richmond, Virginia 211N. Hillcrest Avenue Richmond, Virginia 1136 West Avenue Richmond, Virginia 100 Windsor Way Richmond, Virginia 301 Lock Lane Richmond, Virginia 310 Clovelly Road Richmond, Virginia Tel~ Until May 31, 1964 '~0U-28-2881 17:88 9158343 15~;1 P. 16 FROM : SENIOR CENTER OF RICHMOND FAX NO. : 9158~4~-1541 Nov. 28 2881 04:~4PM Pi? Name Richard R. Baker, III Allyn Dillara Mrs. Lo.,is G. Fields Thomas Fulford Mrs. Richard Kennon Mrs. C. Merle Luck, Jr. Mrs. J. Robert Massie, Jr. Mrs. C. Coleman McGehee Mrs. Louis Washer, Jr. Miss Anne Whitfield B. Warwick Davenport Mrs. W. O. Hanahan, Jr. H. Atwood Hitch William L. Maner~ Jr. Carlton Moffatt, Jr. George Oliver Elected Directors Cont'd Address S~. James. Church 1205 W. Franklin Street R~chmond, Vlrginla R Oak Lane Richmond, Virginia 23 Libbie Avenue Richmond, Virginia 4105 Wythe Avenue Richmond, Virginia Route 2 Powhatan, Virginia 514 Somerset Avenue Richmond~ Virginia 7 Oak Lane Richmond, Virginia 208 Ralston Road Richmond, Virginia 3102 Condie Road Richmond, Virginia 321 Clovelly Road Richmond, Virginia 1003 Electric Bldg. Richmond, Virginia 10 Lexington Road Richmond, Virginia lll N. Fourth Street Richmond, Virginia Va. Electric and Power Company 2400 Grayland Avenue Richmond, Virginia Richmond Federal Sav- ings and Loan Assoc. Richmond, Virginia Richmond Professional Institute Richmond~ Virginia. Term Until May 31, 1~65 until May 31~ 1~66 '~0U-20-2081 17:88 9158343 1541 P, 17 FROM : SENIOR CENTER OF RICHMOND FAX NO. : 9158343-1541 Nov. ~0 2001 04:34PM P18 Elected Directors coht 'd ..... Nam----Re Address Mayor Eleanor Sheppard Curt Snyder Mrs. Charles M. Terry, J~. 'Mrs. Perkins Wilson Richmond City Hall Richmond~ Virginia 1000 E. Marshall Street Richmond, Virginia 5812 Norningside~Drive Richmond, Virginia 204 Tuckahoe Boulevard Richmond, Virginia Term Until May ~l, 1966 . Ex Of£iolo ~irectors Nam._~e Address Mrs. T. Coleman Andrews~ 203 Matoak~ Road Jr. Richmond, Virginia Miss Beverley Bates 909 W. Franklin St. 'Richmond, Virginia Term So long as she is President of The Junior League of Richmond, Virginia So long as she is Executive Director o£ the Senior Center (6) In the event of the dissolution of the corporation, all of its property not needed for the payment of its debts and expenses shall be transferred and conveyed to United Givers Fund of Richmond, Henrico and Chesterfield, Inc., a Virginia non- stock corporation. IN WITNESS W}EEREOF, the undersigned have hereunto set their hands and seals this __~ day of ~ ~)~ .... 196~__. "~0U-20-2001 17:01 9158343 1541 P. 18 FROM : SENIOR CENTER OF RICHMOND FAX NO. : 9158343-1541 Nov. 20 2001 04:3~PM P19 STATE OF VIRGINIA CITY OF RICHMOND: to-wit: and for the State and City aforesaid, do hereby certify that and ~. ~/ ~,~,.j , whose names are signed to the ~o -- - -f '-- ye Articles, dated__ ~c~. //~, , 19~,~ , ~ve this day ac~owle~ed ~he same before me In my Olty Given under my hand this ~ day of My commission expires: -6- NOU-20-20~1 17:81 9158343 1541 96Z P.19 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 5 Meetin~l Date: November 28, 2001 Item Number: 10.A. Subject: Developer Water and Sewer Contracts County Administrator's Comments: County Administrator: Board Action Requested: The Board of Supervisors has authorized the County Administrator to execute water and/or sewer contracts between the County and the Developer where there are no County funds involved. The report is submitted to the Board members as information. Summary of Information: The following water and sewer contracts were executed by the County Administrator: Contract Number: Project Name: 99-0060 The Point @ Bellgrade Developer: Bellgrade Senior Development Services LLC Contractor: G. L. Pruett, Incorporated Contract Amount: Water Improvements - Wastewater Improvements - $62,500.00 (Private) District: Preparer: r~~~~h~an Title: Assistant Director Attachments: ~-~ Yes No # 0 Agenda Item November 28, 2001 Page 2 Contract Number: Project Name: Developer: Contractor: Contract Amount: District: 99-0100 Bransford Fairlane Construction R.M.C. Contractors, Incorporated Water Improvements - Wastewater Improvements - Midlothian $23,720.00 $38,983.00 o Contract Number: Project Name: Developer: Contractor: Contract Amount: District: 99-0211 Parrish Branch Oakbridge Corporation Coastal Utilities, Incorporated Water Improvements - Wastewater Improvements - Clover Hill $44,130.49 $73,674.50 Contract Number: Project Name: Developer: Contractor: Contract Amount: District: 99-0363 Crown Park, Section B Otterdale Development Corporation R.M.C. Contractors, Incorporated Water Improvements - Wastewater Improvements - Clover Hill $41,610.00 $52,708.50 o Contract Number: Project Name: Developer: Contractor: Contract Amount: District: 00-0085 Oak Forest Estates, Section 7 PNC Development LLC Richard L. Crowder Construction Company Water Improvements - $101,616.60 Wastewater Improvements - $122,162.92 Matoaca 0 O1Z5 Agenda Item November 28, 2001 Page 3 o Contract Number: Project Name: Developer: Contractor: Contract Amount: District: o Contract Number: Project Name: Developer: Contractor: Contract Amount: District: Contract Number: Project Name: Developer: Contractor: Contract Amount: District: o Contract Number: Project Name: Developer: Contractor: Contract Amount: District: 00-0186 Duxton @ Longmeadow LMF, LLC Bookman Construction Company Water Improvements - Wastewater Improvements - Bermuda $44,130.00 $88,192.00 00-0194 The Highlands - Lamermoor Nash Road/Woodpecker Road Trust Castle Equipment Corporation Water Improvements - Matoaca $70,453.00 00-0251 Chesterfield Storage, Phases 7 & 8 Gordon M. Bowers Investment Partners Three LC Shoosmith Brothers Construction Company, Inc. Water Improvements - $14,670.00 Dale 00-0271 The Highlands - MacAndrew Glen, Section 1 Oliver D. Rudy, Trustee Nash Road/Woodpecker Road Trust Castle Equipment Corporation Water Improvements - Matoaca $143,476.40 0 O1Z6 Agenda Item November 28, 2001 Page 4 10. Contract Number: Project Name: Developer: Contractor: Contract Amount: District: 00-0322 Old Gun Road East (3810) - Water Alan E. Boese and Mary S. Boese White Contracting Company Water Improvements - Midlothian $8,900.00 11. Contract Number: Project Name: Developer: Contractor: Contract Amount: District: 01-0018 Parker Lane (12420) Sewer Extension Charles F. Wood, Jr. and Joanne G. Wood Bookman Construction Company Water Improvements - Bermuda $11,000.00 12. Contract Number: Project Name: Developer: Contractor: Contract Amount: District: 01-0104 Chester Road nC" Store R. & L. Enterprise Shoosmith Brothers Construction Company, Inc. Water Improvements - $22,392.00 Wastewater Improvements - $14,909.00 Bermuda 13. Contract Number: Project Name: Developer: Contractor: Contract Amount: District: 01-0169 Amberleigh - Commercial - Phase I Amberleigh LLC Infracorps of Virginia Incorporated Water Improvements Wastewater Improvements - Clover Hill $62,915.00 $141,906.00 0 Agenda Item November 28, 2001 Page 5 14. Contract Number: Project Name: Developer: Contractor: Contract Amount: District: 01-0197 St. James Woods, Section J ASC Land Corporation R.M.C. Contractors, Incorporated Water Improvements - Wastewater Improvements - Matoaca $35,865.00 $72,551.00 15. Contract Number: Project Name: Developer: Contractor: Contract Amount: District: 01-0206 DuPont JRL Land LC Bookman Construction Company Water Improvements - Wastewater Improvements - Bermuda James River Logistics - Bellwood Road $46,800.00 (Private) 0 01Z8 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Meetin~l Date: November 28, 2001 Item Number: 10.B. Sub!ect: Status of General Fund Balance, Reserve for Future Capital Projects, District Improvement Fund, and Lease Purchases Coun~ Administrator's Comments: County Administrator: Board Action Requested: Summary of Information: Preparer: '~LL~ne ~.~m~ Title: Attachments: Yes ~-~ No County Administrator BOARD MEETING DATE 07/01/01 11/14/01 11/14/01 11/14/01 11/14/01 11/14/01 11/14/01 11/14/01 11/14/01 11/14/01 & 12/19/01' 11/14/01 & 12/19/01' 11/14/01 & 12/19/01' 11/14/01 & 12/19/01' 11/14/01 & 12/19/01' CHESTERFIELD COUNTY GENERAL FUND BALANCE November 21,2001 DESCRIPTION FY2002 Actual Beginning Fund Balance Designation for Health Center Commission Designate excess revenue (County) for non- recurring items in FY2003 Designate excess expenditures (County) for non- recurring items in FY2003 Designate excess revenue (Schools) for non- recurring items in FY2003 FY01 Results of Operations - Schools unspent General Fund Transfer FY01 Results of Operations - FY02 One cent tax rate decrease - Jan. - June (County) FY01 Results of Operations - FY02 One cent tax rate decrease - Jan. - June (Schools) FY01 Results of Operations - Schools - Bailey Bridge Middle School Design FY01 Results of Operations - Fire FY01 Results of Operations - Police FY01 Results of Operations - Libraries FY01 Results of Operations - Environmental Management Program FY01 Results of Operations - CSA Shortfall AMOUNT (t,500,000) (2,636,670) (9,441) (6,O88,836) (1,232) (242,285) (546,715) (250,000) (626,100) (500,00O) (90,600) (3OO,OOO) (286,635) BALANCE $48,351,214 $46,851,214 $44,214,544 $44,205,103 $38,116,267 $38,115,035 $37,872,750 $37,326,035 $37,076,035 $36,449,935 $35,949,935 $35,859,335 $35,559,335 $35,272,700 *Pending 12/19/01 Public Hearing CHESTERFIELD COUNTY RESERVE FOR FUTURE CAPITAL PROJECTS TRADITIONALLY FUNDED BY DEBT November 21, 2001 Board Meeting Date Description FOR FISCAL YEAR 2001 BEGINNING JULY 1, 2000 Amount 4/12/00 FY01 Budgeted Addition 8,400,000 (6,939,600) 4/12/00 FY01 Capital Projects 3/06/01 Return unused funds; closure of Wide Area Network Project 561 04/04/01 Transfer to Juvenile and Domestic Relations Courthouse Project (325,000) (360,000) 04/25/01 Testing of Comprehensive Plan FOR FISCAL YEAR 2002 BEGINNING JULY 1, 2001 4/4/01 FY02 Budgeted Addition 4/4/01 FY02 Capital Projects 7/25/01 County's Master Plan Update 9/26/01 Video equipment for Circuit and General District Courts 10/24/01 360 West Corridor Plan 11/14/01 Building Improvements (County Administration) 11/14/01 Security Enhancements (MH/MR and County Administration) 8,800,000 (7,579,700) (85,000) (90,000) (70,000) (170,000) (107,000) Balance 8,812,051 1,872,451 1,873,012 1,548,012 1,188,012 9,988,012 2,408,312 2,323,312 2,233,312 2,163,312 1,993,312 1,886,312 Prepared by Accounting Department October 31, 2001 Date Began * 12/93 04/99 06/99 1/01 03/01 04/01 11/00 09/01 SCHEDULE OF CAPITALIZED LEASE PURCHASES APPROVED AND EXECUTED Description Real Property Lease/Purchase Public Facility Lease- Juvenile Courts Project School Copier Lease #1 - Manchester High School Certificates of Participation/ Building Construction, Expansion and Renovation; Acquisition/Installation of Systems Telephone System Upgrade School Copier Lease #2 - Manchester High School School Copier Lease #3 - Chester Middle School School Server Lease TOTAL APPROVED AND EXECUTED $17,510,000 16,100,000 43,587 13,725,000 1,222,411 20,268 20,268 278,372 $48,919,906 PENDING EXECUTION Description None Date Ends 12/01 11/19 05/04 11/21 03/05 03/06 09/05 07/05 Outstanding Balance 10/31/01 $ 1,260,000 14,490,000 24,680 13,725,000 643,093 18,645 17,233 216,106 $30,394,757 Approved Amount *Second Refunding of Certificates of Participation, Series 1985 0 01;33 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Meeting Date: November 28t 2001 Item Number: 14.A. Sub!ect; Recognizing David Kenneth Bhatta, Troop 876, Sponsored by Mount Pisgah United Methodist Church, Upon Attaining Rank of Eagle Scout County_ Administrator's Comments: County Administrator: Board Action Re~_uested: Adoption of attached resolution Summary_ of Information: Staff has received a request for the Board to adopt a resolution recognizing Mr. Bhatta, Troop 876, upon attaining the rank of Eagle Scout. He will be present at the meeting, accompanied by members of his family, to accept the resolution. Midlothian Distric~ David Kenneth Bhatta Parents: Bill and Michelle Prepare r :~-~J_~~.~ ~O Lisa H. Elko Attachments: Ycs Title: No Clerk to the Boar~ 0 0134 RECOGNIZING MR. DAVID KENNETH BHATTA UPON ATTAINING THE RANK OF EAGLE SCOUT WHEREAS, the Boy Scouts of America was incorporated by Mr. William D. Boyce on February 8, 1910, and was chartered by Congress in 1916; and WHEREAS, the Boy Scouts of America was founded to build character, provide citizenship training and promote physical fitness; and WHEREAS, after earning at least twenty-one merit badges in a wide variety of skills including leadership, service and outdoor life, serving in a leadership position in a troop, carrying out a service project beneficial to his community, being active in the troop, demonstrating Scout spirit, and living up to the Scout Oath and Law; and WHEREAS, Mr. David Kenneth Bhatta, Troop 876, sponsored by Mount Pisgah United Methodist Church, has accomplished those high standards of commitment and has reached the long-sought goal of Eagle Scout, which is earned by only four percent of those individuals entering the Scouting movement; and WHEREAS, growing through his experiences in Scouting, learning the lessons of responsible citizenship, and endeavoring to prepare himself for a role as a leader in society, David has distinguished himself as a member of a new generation of prepared young citizens of whom we can all be very proud. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors hereby extends its congratulations to Mr. David Kenneth Bhatta on his attainment of Eagle Scout, and acknowledges the good fortune of the County to have such an outstanding young man as one of its citizens. 0 01,1,5 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meeting Date: November 28, 2001 Item Number: 14.B. Subject: Resolution to Recognize Mr. Richard V. Morrow for his Service as the Chairman of the Chesterfield County, Virginia, Emergency Medical Services Advisory Council for the Years 1999, 2000 and 2001 County Administrator's Comments: County Administrator: Board ACtion Requested: The Board of Supervisors is requested to adopt the attached resolution for Mr. Richard V. Morrow Summary of Information: The Chesterfield Department of Fire and Emergency Medical Services is recognizin~ Mr. Richard V. Morrow as the Chairman of the Chesterfield County, Virginia, Emergency Medical Services Advisory Council. Mr. Morrow was the Chairman for the Years 1999, 2000 and 2001, and due to his knowledge and outstandin~ leadership, numerous accomplishments were made serving to strengthen and advance the delivery of emergency medical services in Chesterfield County, Virginia. Stephen A. Elswick Title: Chief of Fire and E.M.S. Attachments: ~-~No Yes # RECOGNIZING MR. RICHARD V. MORROW FOR SERVING AS CHAIRMAN OF THE CHESTERFIELD COUNTY EMERGENCY MEDICAL SERVICES ADVISORY COUNCIL FOR THE YEARS 1999, 2000 AND 2001 WHEREAS, the Chesterfield County Emergency Medical Services (EMS) Advisory Council was established on August 23, 1989 to promote the delivery of quality pre-hospital care to the citizens of our community; and WHEREAS, the Council is represented by the entire community, including individuals from Bensley-Bermuda, Ettrick-Matoaca, Forest View and Manchester Volunteer Rescue Squads; the Department of Fire and Emergency Medical Services; Operational Medical Directors; the Emergency Communications Center; Police Department; local hospitals; and citizens, and its mission is to provide support, guidance and advice to ensure quality patient care, efficient utilization of resources and to preserve and maintain the volunteer system for the County of Chesterfield's emergency medical services system, and the Council also addresses intermediate and long-range planning issues, focuses on policy development and implementation, and operates as the strategic body for EMS system planning for Chesterfield County; and WHEREAS, Mr. Richard V. Morrow was nominated and elected to the position as Chairman of the Council in 1999, 2000 and 2001 and under his guidance and leadership, and with the assistance of Council members, volunteer and career EMS personnel, Chesterfield Fire and EMS staff and members, County Administration, the County Board of Supervisors and many others, certain significant initiatives benefitting the County's emergency medical services have been realized, including re-tooling the Council's structure and function to be consistent with its stated purpose; completion of a comprehensive EMS study and implementation of several of its recommendations; and designation of the Chief of the Chesterfield Department of Fire and EMS to be the primary EMS official in Chesterfield County; and WHEREAS, Mr. Morrow led the Council in the completion of a Volunteer Recruitment and Retention Study and subsequent strategies, including the hiring of a Volunteer Recruitment and Retention Officer for the Chesterfield County Fire and EMS system; development and implementation of a uniform volunteer background investigation policy and procedure; development and implementation of a Systematic Clinical Quality Assurance initiative including an analysis and recommendations for systematic quality assurance; development and implementation of a comprehensive EMS revenue and recovery strategy and initiative; and development and implementation of an EMS training agreement and policy which encourages funding for the advanced training of the County's EMS volunteers and accountability by the volunteers who accept such funding. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors publicly recognizes Mr. Richard V. Morrow, and expresses appreciation for his guidance, diligence of service and outstanding leadership and achievements as Chairman of the EMS Advisory Council during the years 1999, 2000 and 2001. AND, BE IT FURTHER RESOLVED, that a copy of this resolution be presented to Mr. Morrow, and that this resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County, Virginia. CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 3 Meetin~l Date: November 28, 2001 item Number: l~n~ Subject: Public Hearing te Consider the FY03 Enhancement Projects County Administrator's Comments: County Administrator: ~ Board Action Requested: The Board is requested to:(1) approve the FY03 Enhancement Priority Projects List and forward te area HPO's; (2) adopt resolutions ef support for the projects; (3) designate FY02 General Road Improvement Funds for the project local match funds, if approved; and {4) authorize the County Administrator te enter into agreements for the projects. Summary oflnformation: The Virginia Department of Transportation (VDOT) Enhancement Program is intended te creatively integrate transportation facilities into the surrounding communities and the natural environment. Projects eligible for funding include pedestrian and bicycle facilities, pedestrian and bicycle educational/safety activities, scenic easements, historic highway projects, landscaping, historic preservation, rehabilitation of historic buildings, preservation ef railroad corridors, removal ef outdoor advertising, archeelegical planning and research, mitigation ef pollution due to highway runoff, and establishment ef transportation museums. A $19 million per year statewide Enhancement Fund has been established for VDOT te carry out the program. Transportation Enhancement Projects are financed with 80% VDOT funds and a minimum 20% Continued next page - Preparer: R.J. HcCracken Agenbl0 Title:Director of Transportation Attachments: Yes No CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 2 of 3 Summary of Information: (continued) local match. The local match is usually provided from County funds, from others and/or by in-kind contributions. VDOT staff will evaluate project applications and make a recommendation to the Commonwealth Transportation Board for inclusion in the FY03-FY08 Virginia Transportation Development Plan. The proposed FY03 Enhancement Projects (see Attachments A and B) are the same as those approved by the Board for FY02 with the following changes: The Halloway Avenue Sidewalk project, Phase II has been deleted. This project was funded last year and will involve the construction of a portion of sidewalk along Halloway Avenue. The Centre Street Streetlights project has been deleted. completed with the road improvements. It was · The Halloway Avenue Sidewalk project, Phase III was added. Phase III will allow construction of additional sidewalk along Halloway Avenue. The Salem Church Road Sidewalk project (Public Phase), along the east side of the road between Chanson Road and Sara Kay Drive, has been deleted. It has been constructed. The Spirea Road Sidewalk project, from Mountain Laurel Drive to Sunflower Lane has been added. · Project costs have been updated to reflect current estimates. The Genito Road Streetlight project is included in the list of priority projects. If built, streetlight projects require the County to bear the operating expense associated with the lights. For the Genito Road Streetlight project, this would amount to approximately $2,100/year. Enhancement projects are required to have endorsement from area MPO's. The project list, as approved by the Board, will be forwarded to the Richmond and Tri-Cities MPO's. Each year the Board must reconfirm support for requested enhancement projects by adopting a resolution of support which guarantees the County will provide the local match. If the Board wishes to request enhancement funds for the five proposed FY03 priority projects listed on Attachment A, resolutions of support must be adopted for these projects. The Board would also need to designate funds for the local matches. Unless the Board directs otherwise, projects listed on Attachment A under "Other Projects" will not be submitted for funding consideration this year. CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 3 of 3 These other projects will stay on the "Proposed Enhancement Project" list for the Board's consideration in the future. Recommendation: Staff recommends the Board take the following actions: Approve the proposed FY03 Enhancement Projects list of priority projects (Attachment A), and forward it to the Richmond and Tri-Cities Metropolitan Planning Organizations for approval; Adopt the attached resolutions requesting VDOT approval and guaranteeing the local match for the projects; o Upon approval and funding by VDOT, designate and transfer from the FY02 General Road Improvement appropriation, the amounts for the local match: Point of Rocks Bike Trail - $48,000, Genito Road Streetlights - $10,000, Cogbill Road Sidewalk - $94,000, Halloway Avenue Sidewalk - $70,000 and Walton Park Road Sidewalk - $80,000 (totalling $302,000); and o Authorize the County Administrator to enter into agreements between VDOT/County/consultant/contractor, for design, right-of-way acquisition, and/or construction agreements, acceptable to the County Attorney, for projects approved by VDOT. District: Countywide November 28, 2001 Agen510w/Attachments CHESTERFIELD COUNTY PROPOSED FY03 ENHANCEMENT PROJECTS Estimated Cost Priority Projects: Point of Rocks Bike Trail on Enon Church Road - from Point of Rocks Park to Enon Library, Phase I (preliminary engineering) of $1.3M project Genito Road Streetlights - from Fox Chase Lane to Watercove Road Cogbill Road Sidewalk - from Meadowbrook HS to Meadowdale Library, Phase I Of a $0.82M project $240,000 $50,000 $470,000 Halloway Avenue Sidewalk - from Hickory Road to Matoaca Middle School, Phase III of $1.3M project $2~5,900 $350,000 Walton Park Road Sidewalk, between Watch Hill Road and North Woolridge Road, Phase II of a $1.1 M project $400,000 Other Projects: Cogbill Road Sidewalk, from School Board Facility to Hopkins Road Spirea Road Sidewalk - from Mountain Laurel Drive to Sunflower Lane Chesterfield Avenue Sidewalk Safety Improvements, Phase I Hickory Road Sidewalk - from Ravensbourne Drive to Woodpecker Road, Phase I of $1.2M project ~7~,~90 $225,000 $500,000 $300,000 $40O,O0O East River Road Sidewalk and Pedestrian Trail (RR RW to River) Westfield Road Sidewalk, between Sycamore Square Drive and Winterfield Road, Phase I of $1M project $900,000 $50O,000 VSU Entrances Landscaping Route 10 Streetscaping (Courthouse Complex), between Centralia Road and Beach Road, Phase II $t40,000 $670,000 Route 10/I-295 Landscaping Route 360 Landscaping, from Route 288 to Swift Creek Cent.-_-' _~tr_-ct Strcct!!?,ht'- Countywide Gateway Project Robious Road Streetlights, between Huguenot Road and Salisbury Road, Phase I $50,000 $70,000 $220,000 $50,000 Route 360 Streetlights, Old Hundred Road to Woodlake Village Parkway Dutch Gap Conservation Area Trail and Pedestrian Bridge Pocahontas State Park Perimeter Trail Powhite Parkway/Route 288 Sight & Sound Barriers, Phase I $200,000 $150,000 $340,000 $1,000,000 Local Match Appropriations $48,000 $10,000 $94,0O0 $57,000 $70,000 $80,000 ATTACHMENT A Proposed FY03 Priority Enhancement Chesterfield County ' S Project Walton Park Sidewalk, Phase Genito Road Streetlights Cogbill Road Sidewalk Meadowbrook HS to Meadowdale Library Phase Trail, Halloway Avenue Sidewalk, Phase ATTACHMENT B WHEREAS, in accordance with the Commonwealth Transportation Board (CTB) construction allocation procedures, it is necessary that the local governing body request, by resolution, approval of a proposed enhancement project. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Chesterfield County requests the CTB establish a project for construction of Phase I of the Point of Rocks Bike Trail project along Enon Church Road from East Hundred Road (Route 10) to Point of Rocks Park. BE IT FURTHER RESOLVED that the Board hereby agrees to pay 20 percent of the total estimated cost of $240,000 for planning, design, right-of-way, and construction of Phase I of the Point of Rocks Bike Trail Project, and that, if the Board subsequently elects to unreasonably cancel this project, the County of Chesterfield hereby agrees that the Virginia Department of Transportation will be reimbursed for the total amount of the costs expended by the Department through the date the Department is notified of such cancellation. WHEREAS, in accordance with the Commonwealth Transportation Board (CTB) construction allocation procedures, it is necessary that the local governing body request, by resolution, approval of a proposed enhancement project. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Chesterfield County requests the CTB establish a project for the installation of streetlights along Genito Road from Fox Chase Lane to Watercove Road. BE IT FURTHER RESOLVED, that the Board hereby agrees to pay 20 percent of the total estimated cost of $50,000 for planning, design, right-of-way, and construction of the Genito Road Streetlight Project, and that, if the Board subsequently elects to unreasonably cancel this project, the County of Chesterfield hereby agrees that the Virginia Department of Transportation will be reimbursed for the total amount of the costs expended by the Department through the date the Department is notified of such cancellation. WHEREAS, in accordance with the Commonwealth Transportation Board (CTB) construction allocation procedures, it is necessary that the local governing body request, by resolution, approval of a proposed enhancement project. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Chesterfield County requests the CTB establish a project for Phase I of the Cogbill Road Sidewalk Project from Meadowbrook High School to Meadowdale Branch Library. BE IT FURTHER RESOLVED, that the Board agrees to pay 20 percent of the total estimated cost of $470,000 for planning, design, right-of-way, and construction of Phase I of the Cogbill Road Sidewalk Project from Meadowbrook High School to Meadowdale Branch Library, and that, if the Board subsequently elects to unreasonably cancel this project, the County of Chesterfield hereby agrees that the Virginia Department of Transportation will be reimbursed for the total amount of the costs expended by the Department through the date the Department is notified of such cancellation. WHEREAS, in accordance with the Commonwealth Transportation Board {CTB) construction allocation procedures, it is necessary that the local governing body request, by resolution, approval of a proposed enhancement project. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Chesterfield County requests the CTB establish a project for Phase III of the Halloway Avenue Sidewalk Project in the Matoaca Middle/High Schools and Matoaca Park area. BE 'IT FURTHER RESOLVED that the Board hereby agrees to pay 20 percent of the total estimated cost of $350,000 for planning, design, right-of-way, and construction of Phase III of the Halloway Avenue Sidewalk Project, and that, if the Board subsequently elects to unreasonably cancel this project, the County of Chesterfield hereby agrees that the Virginia Department of Transportation will be reimbursed for' the total amount of the costs expended by the Department through the date the Department is notified of such cancellation. WHEREAS, in accordance with the Commonwealth Transportation Board (CTB) construction allocation procedures, it is necessary that the local governing body request, by resolution, approval of a proposed enhancement project. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Chesterfield County requests the CTB establish a project for Phase II of Walton Park Road Sidewalk Project from Watch Hill Road to North Woolridge Road. BE IT FURTHER RESOLVED that the Board hereby agrees to pay 20 percent of the total estimated cost of $400,000 for planning, design, right-of-way, and construction of Phase II of the Walton Park Road Sidewalk Project, and that, if the Board subsequently elects to unreasonably cancel this project, the County of Chesterfield hereby agrees that the Virginia Department of Transportation will be reimbursed for the total amount of the costs expended by the Department through the date the Department is notified of such cancellation. An Affiliate of Media General Advertising Affidavit (This is not a bill. Please pay from invoice) P. O, Box 85333 Richmond, Virginia 23293-0001 (804) 649-6000 FI~[ Account Num, ~ 2208()6 11 Date Code Description NQTICF, OF PI}F~/,lC HEARING Media General Operations, Inc, Publisher of THE RICHMOND TIMES-DiSPATCH inia, on the followin HF, AI~IN 11/21/2001 The first insertion being given .... 11/21/~001 ubscribed before ~ PUbliC ' SUpe~lsor CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 2 Meetin~l Date: November 28, 2001 Item Number: le.B. Subject: Hold Public Hearing to Consider the Adoption of an Ordinance to Amend the Floodplain Ordinance Relating to the Implementation of Swift Creek Reservoir Watershed Master Plan Coun~ Admipistr~or's Co~men~: Coun~Administrator: 4~ ¢ Board Action Requested: Staff recommends that the Board of Supervisors adopt the proposed amendment to the Floodplain Ordinance relating to the implementation of Swift Creek Reservoir Watershed Master Plan. The Planning Commission recommends denial of the amendment. Summary of Information: On March 14, 2001, the Board of Supervisors referred to the Planning Commission a proposed amendment to the Floodplain Ordinance that would prohibit certain activities in designated riparian/floodplain buffer areas in the Swift Creek Reservoir Watershed. These buffer areas are one of the regional BMPs identified in the Watershed Management Plan for Swift Creek Reservoir that was adopted by the Board on October 25, 2000. These buffer areas will achieve five percent of the targeted phosphorus removal in the Watershed and will help to preserve good water quality in the Swift Creek Reservoir. Planning Commission Recommendation - Recommend Denial The Commission conducted a public hearing on the matter on May 15, 2001 and held two work sessions to consider the issue. Further, staff conducted a public meeting with property owners who would be affected by the proposed measure. After consideration of the proposed amendment, the Planning Commission at their meeting of August 21, 2001 voted to recommend denial of the proposed ordinance amendm/nts. A memorandum from the Commission elaborating on the reasons for t~ recommendation is attached to this agenda item. Attachments: Yes ~ No ~0 0147' CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 2 of 2 In the attached document, the Planning Commission has stated their belief that denial of the ordinance amendment would not endanger the long-term viability of the Swift Creek Reservoir. They have further noted that, if needed, additional BMPs (ponds) can be constructed with predictable results to achieve the pollutant load removal necessary to maintain the long-term viability of the Swift Creek Reservoir. The Commission was also concerned about the impact of the proposal on landowners living adjacent to or near the buffer areas. S~ff Recommendation - Recommend Approval The County consultants, CH2M Hill, have evaluated the impact on the overall regional BMP Plan of not adopting the proposed ordinance. This evaluation is also attached. CH2M Hill reports that not adopting the proposed ordinance and allowing encroachment in these buffer areas can have serious impacts on the entire Swift Creek Watershed Plan. While the reservoir phosphorus limit will not be exceeded, there will be no margin of safety for its protection over the long term. If traditional wet pond BMPs were installed to make up for the pollutant removal achieved by the buffer areas, CH2M Hill reports that an additional 5.43 acres of wetlands would be impacted. The cost to replace the lost wetlands would be up to $651,600. Construction costs for the BMPs will add another $1,000,000 to $1.600,000. It is the opinion of the County's Director of Real Estate Assessments that the added restriction of not being able to remove trees has a minimal impact on the real estate value of the floodplain. A memo from the Director of Real Estate Assessments is attached. 0 014 PROPOSED FLOOD PLAIN ORDINANCE AMENDMENTS PLANNING COMMISSION RESPONSE TO BOARD OF SUPERVISORS SEPTEMBER 18, 2001 The Chesterfield Planning Commission ("CPC") voted unanimously to recommend to the Board of Supervisors ("Board") that it not adopt the proposed amendments to the Flood Plain Ordinance relating to designated floodplain areas ("DFA") in the Swift Creek Reservoir Watershed. Generally, the proposed ordinance would restrict most development activity in the DFA. A more stringent version of the proposed ordinance, which would have restricted all development activity in the DFA, had been sent to the CPC by the Board for discussion and analysis. While the Board's version of the proposed ordinance was before the CPC, the Water Quality Administrator submitted changes to that version after hearing concerns from property owners in the Watershed. The CPC considers this matter to be of sufficient importance to have a statement of reasons accompany our recommendation. The DFA in its natural state has some pollutant removal effect. The Water Quality Administrator believes that management of the DFA, combined with the regional BMP's is important to the long-term viability of the Swift Creek Reservoir. The CPC does not disagree with the statement that the DFA in its natural state has some pollutant removal effect. Review of the CH2MHill study entitled Watershed Management Master Plan and Maintenance Program for the Swift Creek Reservoir Watershed Chesterfield County, Virginia (the "Study") indicates that "this category of BMP does not remove a large amount of phosphorus.".t Estimates provided by the Water Quality Administrator indicated that the DFA management proposal would provide approximately five percent (5%) of the phosphate load removal in the watershed. This number is based upon the original proposed ordinance, not the amended proposed ordinance put forth by the Water Quality Administrator. No scientifically based data was provided to the CPC regarding the impact of allowing certain activities in the DFA, although an effort was made to quantify the impact of the proposed excepted activities by analogy to other ordinances. The proposed ordinance would impact 197 different parcels of land in the County, most of which are currently undeveloped. Much of the land, which would be regulated by the proposed ordinance, is located within the 100 year floodplain and therefore is already subject to restricted development activity. Further, the Water Quality Administrator estimated that · If left unregulated, there would be development activity in only 25% of the area which is proposed to be regulated; · The time period over which this would occur is sixty years. No data was available concerning the burden to the individual landowners in the form of reduction in property values. The County Assessor stated that he had no data to quantify the diminution of property values. There are two reasons why the CPC voted to recommend that the proposed ordinance not be adopted. First, based upon data provided, not adopting the ordinance would result in a maximum loss of pollutant load removal of 1.25%. This loss of pollutant load removal would occur over a 60 year time frame. The data in the Study suggests that: The additional pollutant load, if realized fully, would not endanger the long-term viability of the Swirl Creek Reservoir; To the extent needed, additional BMP's can be constructed with predictable results to achieve the pollutant load removal necessary to maintain the long-term viability of the Swift Creek Reservoir. Second, the impact of the proposed ordinance on landowners in the County was unclear, leaving the CPC unable to balance the cost of the proposed ordinance against the public benefit to be derived by the proposed ordinance. The CPC was concerned about the property rights of the landowners. The CPC has a history of supporting proposals from the County staff regarding environmental issues in general and protection of the Swift Creek Reservoir in particular. However, in this case, because the projected outcome of non-regulation was not significantly different in public impact from the projected outcome of regulation, the CPC recommended that the proposed ordinance not be adopted. The CPC has added to its Work Program, a study of the following: · Limiting the percentage of a residential lot that can be included in either the floodplain or the RPA. This would allow more land in the RPA and floodplains to be left as "open space" and be administered by a community association. · Increasing the set back of a house from both the floodplain and the lIPA. Again, this would limit encroachment by a homeowner into the floodplain or RPA. Both of these two items might provide benefits to Swift Creek Reservoir. We will report the results of our study and recommendations to the Board. We hope this information will prove helpful in providing the Board the reasoning behind the Planning Commission's actions. 0 0149 BOARD OF SUPERVISORS RENNY BUSH HUMPHREY CHAIRMAN MATOACA DISTRICT KELLY E. MILLER VICE CHAIRMAN DALE DISTRICT J. L. McHALE, III BERMUDA DISTRICT ARTHUR S. WARREN CLOVER HILL DISTRICT EDWARD B. BARBER MIDLOTHIAN DISTRICT To: From: Date: CHESTERFIELD COUNTY P.O. Box 40 CHESTERFIELD, VIRGINIA 23832-0040 LANE B. RAMSEY COUNTY ADMINISTRATOR Memorandum Richard McElfish, Director Environmental Engineering Paul Patten, Director Real Estate Assessments~ 8/29/2001 Subject: Market Value of Restricted Use Property (Floodplains, Conservation Easements, etc.) In my opinion, the added restriction of not being able to remove trees, other than what the exception clause would allow within the floodplain, has a minimal impact on the real estate value of the floodplain. The caveat to this is that each piece of property is different and my opinion is general in application. Some properties may be impacted more or less based on their individual characteristics. In order to provide some guidance on the issue of the impact to property value if the county imposes further restrictions in existing floodplains to include non-removal of trees, I offer the following. When property that contains floodplain sells on the open market, the market shows a reduced value due to the restricted use imposed on such property. Typically when comparative sales are used to establish the value attributed to floodplains and other such significant restricted uses on property, such as large power line easements, the market Providing a FIRST CHOICE community through excellence in public service. 0 0150 Memorandum Page 2 gives an indication of a value of around $500 per acre. This usually applies to acreage parcels and not subdivision lots. In the case of developed subdivisions the floodplains are looked at as excess land and on the most part are given away by the developer by creating larger lots in these areas. Typically the larger lot that includes such restricted use area is marketed at the same or slightly higher price as a smaller lot that does not have the restricted use area. This indicates not much value is being placed on the floodplain because of its limited use. The State Land Valuation Advisory Council does market studies on production yields of agriculture, horticulture, and forestry products to determine land values for these types of supporting uses. For instance, non-productive forestland for Chesterfield County has been set at $100 and productive forestland at $500. Even in the case where floodplain property supports timber for marketing purposes, the value is in the timber and not in the land. Timber has a wide value range per acre because of existing market conditions, tree species, and the harvestable amount of timber. Some recent timber deeds recorded in Chesterfield County range from $700 per acre to $3000 per acre. With the exception clause in the proposed ordinance to exclude timber removal that is in an active forest management plan for potential harvesting; the timber does not become a value loss to the property owner. In the case of conservation easements, the value indication is $400 to $600 dollars per acre. These easements totally restrict the use and must be le~ in their natural state. 0 OIS1 TECHNICAL MEMORANDUM CH2MHILL Evaluation of Impact of Omitting RCMA Non-RPA Ordinance PREPARED FOR: PREPARED BY: DATE: Chesterfield County Tim Hare Laurens van der Tak Cheri Edwards November 14, 2001 Summary Decreasing the proposed Non-RPA RCMA buffer preservation, either by lowering the width requirements or by selectively allowing encroachment, can have serious impacts to the entire Swift Creek Reservoir Watershed Plan. At a minimum, the margin of safety built into the planned phosphorus removal will be eliminated. It is more likely that the load reduction goal set to meet the Board's mandated in-reservoir phosphorus limit of 0.05 mg/1 under future land use conditions will not be met. Moreover, an important opporttmity to use these buffer areas to offset the Plan's anticipated impact on wetlands will be lost. Complete elimination of the buffers will increase the annual phosphorus load by 867 lbs/yr. For comparison purposes, the watershed level ponds each remove an average of 379 lbs/yr and result in an average of 2.37 acres of wetland impacts. 2.3 watershed level ponds would be required to replace the lost phosphorus remove provided by the Non-RPA RCMAs. Construction of the ponds would require additional mitigation for another 5.42 acres of wetland impact The increased cost of this additional mitigation would be approximately $650,000. Construction costs for the BMPs will add another $1M to $1.6M. The attached figure displays the proposed developments within the County. This only includes plans which have already been submitted to the County for approval. Over 127 acres of RCMA Non-RPA buffers lie within these developments. Several additional developers have spoken with the County about plans which should be submitted in the near future. It is evident from the figure that a significant portion of the developments are in the headwater streams and will impact the RCMA Non-RPA areas if the proposed ordinance is not adopted. In addition to the impacts to phosphorus removal, the wetland mitigation plan will be impacted through the elimination of all of the preservation credits. These credits have been communicated throughout the discussions with the ACOE. It is believed that while some developers may be willing to set aside some land for preservation, they will have their own mitigation requirements and will retain the preservation credits for their own uses. Introduction CH2M HILL has evaluated the impact of not enacting the RCMA Non-RPA Ordinance. The impacts are summarized in this technical memorandum. The issues addressed are: · Impacts on meeting nutrient reduction goals. VBO/RCMA ORDINANCE TM 111401_ 1 O O1G~ EVALUATION OF 1MPACT OF OMITTING RCMA NON-RPA ORDINANCE · Impacts on meeting Army Corps of Engineers mitigation requirements due to the loss of preservation credits. · Potential for partial usage of the buffers (Not everyone will develop it) Impact of only developing portion of buffer width (Not developed to edge of stream) · Impact of direct development in the channel The four most important factors for buffers, especially those surrounding first and second order s~reams, are: buffer width (flow path length); buffer structure (plant types, maturity, coverage); buffer slope; and the presence or absence of concentrated (channelized) flow. Increasing buffer width increases removal efficiency up to a point. Buffers comprised of trees and undergrowth are more efficient than grass (particularly lawns). Buffer efficiency rapidly declines with increasing slope. Channelized flow acts as a bypass, routing water from the area upslope of the buffer to the stream, eliminating the effectiveness of the buffer. Both the amount of area contributing flow to the buffer and the buffer slope contribute to whether channelized flows will form to bypass the buffer. Impacts on meeting nutrient reduction goals. Nutrient reduction goals of 25,670 lbs/year of total phosphorus (TP) were established to achieve the Board mandated in-reservoir phosphorus limit of 0.05 mg/1 under future land use conditions. Eliminating the RCMA Non-RPAs results in TP load reductions that will not meet the nutrient reduction goal and eliminate a small factor of safety that was built into the load reduction analysis, as explained below. The regional management plan predicts that the RCMA Non-RPAs will remove 867 lbs per year of total phosphorus (TP), which represents 5 percent of the TP load reductions for the recommended plan (CH2M HILL, May 2000, Figure ES-4). For planning purposes this removal can be considered in terms of area contribution of the RCMA Non-RPAs and linear foot contribution. When averaged over the total area of all of the RCMA Non-RPAs, the result is 1.04 lbs/yr/ac RCMA Non- RPA. When averaged over the sum of the stream lengths protected, the result is 0.71 lb/yr/100 ff of stream protected. If the RCMA Non-RPAs are entirely eliminated, the TP load reduction goal of 25,670 lbs/year will not be met. The resulting load will be 26,270 lbs/year, eliminating the 268 lbs/year margin of safety and exceeding the desired goal by 600 lb/yr. Potential for partial usage of the buffers (Not everyone will develop it) As indicated previously, the pollutant removal properties of the RCMA Non-RPAs is assumed to be a linear relationship. This can be measured in terms of area or linear feet of stream protected. If a certain number of acres of RCMA Non-RPA is not preserved, maintained, or installed then there will be a corresponding increase in pollutant load. In addition, continuous buffers from the headwaters of each tributary to the reservoir represent valuable habitat corridors for a large variety of wildlife. EVALUATION Of IMPACT Of OMI~ING RCMA NON-RPA ORDINANCE We believe that it may be possible to convince some of the larger developers of the value of preserving the stream buffers, because the financial impact to the larger project will be small. However, the smaller developers will be much more difficult to convince. The buffers will comprise a larger portion of their property and preservation of that land will have a larger fiscal impact. In addition, without the RCMA Non-RPA Ordinance, private owners will be permitted to encroach on the stream once they have taken ownership. It is our experience that the majority o£ private owners will clear and mow their land to the stream edges unless restrictions are in place. The attached figure displays the proposed developments within the County. This only includes plans which have already been submitted to the County for approval. Over 127 acres (15% of the 835 acres in the County) of RCMA Non-RPA buffers lie within these developments. The developments impact two watersheds, Dry Creek and Horsepen/Blackman/Deep Creek. The potential buffer impacts to the individual watersheds are summarized in Table 1. Several additional developers have spoken with the County about plans which should be submitted in the near future. It is evident from the table and figure that a significant portion of the developments are in the headwater streams and will impact the RCMA Non-RPA areas if the proposed ordinance is not adopted. TABLE 1 Potential Impacts to RCMA Non-RPA Buffers Resulting from Currently Proposed Developments Watershed RCMA Non-RPA Buffers Impacted by % of Buffers Impacted Buffers Developments Dry Creek 55.9 13.6 24% Horsepen/Blackman/Deep 142.3 113.8 80% Total 198.2 t 27.4 64% Entire Swift Creek 835 127.4 15% Watershed Impacts on meeting Army Corps of Engineers mitigation requirements due to the loss of preservation credits. The 835 acres of RCMA Non-RPAs have been identified as wetlands through the preliminary wetlands screening review. The preservation of those wetlands represents a significant portion of the credits staff is proposing be used for the mitigation of wetland impacts resulting from the construction of the regional BMPs. The 835 acres of wetlands in these buffer areas can be used as part of the plan to mitigate the expected impact of the regional BMPs on wetlands. The current mitigation plan utilizes wetlands created and enhanced within the proposed BMPs to mitigate for impacts caused at other sites. The permit is more likely to be approved by the ACOE if the preservation credits are included. The Army Corps of Engineers has recognized the value of headwater streams in a Regulatory Guidance Letter on October 31, 2001. This letter notes the value the preservation of stream and open water vegetated buffers and recommends the acceptance of these (including upland areas) for mitigation credit. The letter also stresses the importance of evaluating the mitigation with a watershed approach in mind. VBO/RCMA ORDINANCE TM 111401_ 3 EVALUATION OF IMPACT OF OMITTING RCMA NON-RPA ORDINANCE Impact of only impacting portion of buffer width (Not developed to edge of stream) According to the Chesapeake Bay Riparian Handbook (USDA, 1998), "nearly 90 percent of phosphorus is carried to streams attached to soil particles or organic matter". The reduction of sediment loads is the key to phosphorus reduction. Typical reductions are 40 - 70% from buffers that are 50 - 100 feet in width (USDA, 1998). According to one paper (Uusi-Kamppa, et. al., 1996) increased buffer width led to increased removal of total phosphorus in studies in Virginia and Maryland. The Virginia study indicated that a buffer with a width of 9 m (30.2 ft) producing an average phosphorus reduction of 79% verses 67% with a buffer width of 4.6 m (15.1 ft). The removal rates increased by 12% as a result of essentially doubling the buffer width. The Maryland study produced similar results. Extrapolating these results to Chesterfield County, if the buffer width was decreased by 50% in the Swift Creek Reservoir watershed, the phosphorus removal provided by the remaining buffers could be reduced to 670 - 735 lbs/yr. Under such a scenario, the County would s~ meet the pollutant removal goal, but the margin of safety would be eliminated. Impact of direct development in the channel Typically, headwater streams, such as the ones that would be protected by the proposed ordinance amendment, are developed when zoning or other regulations are not in place. The Army Corps of Engineers have recognized this issue, in a regulatory guidance letter, dated October 31, 2001 on the impact of development to small streams. CH2M HILL personnel have witnessed clearing to the edge of the stream channel throughout Virginia in areas not protected by the RPAs mandated by the Chesapeake Bay Ordinance. Direct development over the channel (piping the channel) prevents subsurface flow to the stream. This removes an important component of pollutant removal infiltration. Piping channels leads to increased stream velocities farther downstream, increasing erosive forces (and sediment deposition). Increased erosion leads to a higher sediment load. The higher sediment load will be captured in the downstream BMPs, resulting in greater maintenance costs due to increased dredging. Increased erosive forces also result in an increased cost to the County in future years. Stream channels are a primary method of conveying stormwater throughout the County. Increased erosion will lead to damaged channels and will eventually require repair. This will also have an impact on the County's plan to use instream biomonitoring as a method of gauging the effectiveness of the Stormwater program. ORO,.^NCE TM,, '40,_ 4 0 0 1 5.'5 (1) Sec. 19-58. AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED, BY AMENDING AND RE-ENACTING SECTIONS 19-58 AND 19-60 RELATING TO REGULATION OF THE 100-YEAR FLOOD PLAINS IN THE RIPARIAN CORRIDOR MANAGEMENT AREAS BE IT ORDAINED by the Board of Supervisors of Chesterfield County: That Sections 19-58 and 19-60 of the Code of the County of Chesterfield, 1997, as amended, are amended and re-enacted to read as follows: Flood Plain Regulations. 000 100-year flood plains designated as Riparian Corridor Management Areas. (1) The following shall be prohibited within the 100-year flood plains adjacent to those intermittent streams designated in the Swift Creek Reservoir Watershed Master Plan as Riparian Corridor Management Areas, (Non-RPA): ao Clear cutting or thinning of trees; Removal of tree stumps; Cleating of vegetation; Filling; Grading; Placement of fences or other appurtenant structures. (2) The following actions are exempt from the prohibitions outlined above: ao Construction, installation, operation and maintenance of electric, gas, cable and telephone transmission lines, railroads and public roads and their appurtenant structures if conducted in accordance with the Erosion and Sediment Control Law, Code of Virginia, §§ 10.1-560--10.1-571, or an erosion and sediment control plan approved by the Virginia Soil and Water Conservation Board. Construction, installation and maintenance of water, sewer and local ga.q lines, provided that: To the degree possible, the location of such utilities and facilities should be outside 100 year flood plain. No more land than necessary shall be disturbed to provide for the desired utility installation. o All construction, installation and maintenance of such utilities and facilities shall be in compliance with any applicable federal, state and local requirements and permits and designed and '0 015 conducted in a manner that protects water quality. Any land disturbance exceeding an area of 2,500 square feet shall comply with all erosion and sediment control requirements of chapter 8 and this division. Silvicultural activities on lands in any A~icultural District provided that such activities adhere to water quality protection procedures prescribed by the department of forestry in its "Best Management Practices Handbook for Forestry Operations," as amended. Construction of the following: 1_. Water wells[ Boardwalks, trails, pathways; and Historic preservation and archaeological activities; provided that the director of environmental engineering finds that: Any required permits, except those to which this exemption specifically applies, shall have been issued; Sufficient and reasonable proof is submitted that the intended use shall not deteriorate water quality; The intended use does not conflict with nearby planned or approved uses; and Any land disturbance exceeding an area of 2,500 square feet shall comply with all erosion and sediment control requirements of chapter 8 of this division. 000 Sec. 19-60. Factors to be considered in granting building permits, variances and modifications to development standards or requirements. (a) In considering ILL) applications for development in the floodway: -~d floodway fringe districts, and 100-year flood plains designated as Riparian Corridor Management Areas, including consideration of exceptions from the requirements of this division, or (2) and variances; or (3) '~d fc, r modification to development standards or requirements, the director of environmental engineering, board of zoning appeals or planning commission shall consider the following factors: 2023 (00):51542.2 November 6, 2001 (3:05PM) O00 2 0 01.57 (e) A record of the above notification, as well as all exception, variance and modification to development standards or requirements actions, including justification for their issuance, shall be maintained by the director of environmental engineering. Exceptions and Yvariance approvals shall be noted in the annual report submitted to the county administrator. (2) That this ordinance shall become effective immediately upon adoption. 2023 (00) :51542.2 November 6, 2001 (3:05PM) 3 0 An Affiliate of Media General P.O. Box 85333 Richmond, Virginia 23293-0001 (804) 649~6000 Advertising Affidavit (This is not a bill please Pay from invoice) Account Num. Ad Size TOtaJ Cost 121/20fl 1 121 TAKF NOTICF, TAKF, NOTICE THAT THE -~OARD O ZOO X 24 O~ ATTACH Media General Operations, ino. Publisher of THE RICHMOND TIMES-DiSPATCH · whis is to certify that the attached TAKE NOTICETAKF, NC)TI'C[ as published by Richmond Newspapers, Inc. in the City of Richmond, state of Virginia, on the following dates: HERE 11/14~2001 11/21 2001 1 ,, t4t~ The first insertion being given .... Sworn to and subscribed before me this _l _ ...... ~i-~-' State of Virginia CitY of Richmond My Commission expires Su THIS IS NOT A BILL, PLEASE PAY FROM INVOICE. THANK YOU CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of 2 Meetin~l Date: November 28, 2001 Item Number: 16.C. Subject: Public Hearing to Consider a Proposed Charter Amendment Regarding Substantial Accord Review of Public Facilities County Administrator's Comments: County Administrator: Board Action Requested: The Board of Supervisors is requested to approve the proposed Charter Amendment for submission to the General Assembly. Summary of Information: This proposed change to the County Charter would exempt all public use projects from substantial accord review in those cases when the use is also approved by the Board of Supervisors after a public hearing. The Code of Virqinia requires that all public use projects (e.g. telecommunications towers or above-ground utility facilities) be approved by the planning commission as substantially in accord with the locality's comprehensive plan (i.e., "substantial accord review"). The current County Charter exempts County-owned public use projects when approved by the Board of Supervisors at a public hearing pursuant to the zoning ordinance. However, privately-owned public use projects, must undergo both substantial accord review Preparer: Steven L. Micas Title: County Attorney 1222:55394.1(55401. I) Attachments: Yes [---] No 0 0 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 2 of 2 Meetin~l Date: November 28, 2001 Item Number: and zoning review. For example, privately-owned telecommunications towers and above ground utility facilities must also undergo both substantial accord review and zoning review. These dual processes, even if undertaken concurrently, result in two staff reports, two advertisements, and the payment of two application fees, but have the effect of answering the same land use impact question. The proposed Charter change will eliminate the requirement for substantial accord review for all County-owned and privately-owned public use projects if the project was approved by the Board of Supervisors after a public hearing under the zoning ordinance. The elimination of substantial accord review will reduce costs to the applicant, increase staff efficiency, and improve overall customer service. If the Board votes to approve this change, the 2002 General Assembly must approve the Charter change by a 2/3 vote for the change to be incorporated into our Charter. Staff recommends that the Board approve this change to the Charter. 1222:55394.1 0 AN ORDiNANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED BY AMENDiNG AND RE-ENACTING CHAPTER 7, SECTION 7.6 OF THE COUNTY CHARTER BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That Chapter Seven, Section 7.6 of the Charter of the Code qf the County of Chester?eld, 1997, as amended, is amended and re-enacted to read as follows: § 7.6. Substantial accord review of cotmty public facilities. Any public area, facility or use owned by the County of Chesteifield within its tem'mfi-/d-t/n-~, as defined by §15.2-2232 of the Code of Virginia, which has been approved by the board of supervisors following a public hearing held pursuant to the county's zoning ordinance shall be exempt from the requirement for submittal to and approval by the county's planning commission or governing body under § 15.2-2232 of the Code of Virginia, so long as such public area, facility or use remains subject to the requirements of the zoning ordinance. (2) That this amendment to the ChesterfieM County Charter shall become effective immediately upon adoption by the 2002 General Assembly. 1222:55401.1 00XL;, Richmond, Virginia 23293-0001 An Affiliate of Media General (804) 649-6000 Advertising Affidavit (This is not a bill P~ease pay from invoice) ~OARD OF SI JPRRVIRORS 72080~ ~ate Code Description Ad Size 11/16/200~ 121 TAKR NOTICRTAKF NOTIC¢ THAT PI TR,ql IANT TC 2.00 ~,R6 ~ 2 Media General operations, Inc. Publisher of SWOrn to and Subscribed before CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Meetin~l Date: November 28, 2001 Item Number: Su~ect: Adjournment and Notice of Next Scheduled Meeting of the Board of Supervisors County A~mini~trator's Comments: 18. County Administrator: Board Action Requested: Summary of Information: Motion of adjournment and notice of next scheduled meeting to be held on December 19, 2001 at 3:00 p.m. Preparer: ~~~ Lisa H. Elko Attachments: ~--~ Yes Title: No Clerk to the Board # 0