01-24-1996 Packet[' A
7
CHESTERFIELD COUNTY
BOARD OF SUPERVISORS Page 1 of -2L
Meeting Date: January 24, 1996 AGENDA Item Number: 5 :A.
Subject:
Recognition of James David Whiteman on the occasion of his retirement from
Chesterfield County Risk Management.
County Administrator's Comments:
County Administrator:
BoardAction Requested:
Adoption of attached Resolution.
Summary of Information:
Preparer• A 1=,-4�jtTitle: Ri
Attachments: 0 Yes F1 No
RESOLUTION RECOGNIZING MR. JAMES DAVID WHITEMAN FOR HIS SERVICE TO
CHESTERFIELD COUNTY
WHEREAS, Mr. James David Whiteman has been a Certified Safety
Professional for 33 years. For the last 15 years he has served
Chesterfield County. First as an independent Safety contractor, and
for the last 5 years, employed as the County Safety Officer; and
WHEREAS, Mr. Whiteman has had an extremely positive impact on
the safety and well being on the lives of thousands of County and
School employees during his career; and
WHEREAS, Mr. Whiteman has been devoted, kind, understanding,
and generous with his time and means for the welfare of all
including employees, students, community, friends, prison inmates
and family; and
WHEREAS, Mr. Whiteman's career as the Safety Officer for
Chesterfield County and Public Schools was characterized by
outstanding dedication to the safety of all persons that come into
contact with County and School operations; and
WHEREAS, Mr. Whiteman has been instrumental in untold daily
projects alerting employees to methods and means to do their work
safely and efficiently; and
WHEREAS, Mr. Whiteman has shown extraordinary dedication to
the Chesterfield County Fair in many respects, including the safety
of the amusement devices and suitability of the Fairground
premises; and
WHEREAS, Mr. Whiteman has nobly served his community as the
current President of the Disabled Veterans Association of
Chesterfield County.
NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County
Board of Supervisors publicly recognizes the outstanding
contributions of Mr. James David Whiteman and expresses the
appreciation of all residents for his service to the County.
AND, BE IT FURTHER RESOLVED, that a copy of this resolution be
presented to Mr. Whiteman and that this resolution be permanently
recorded among the papers of this Board of Supervisors of
Chesterfield County, Virginia.
002
CHESTERFIELD COUNTY
BOARD OF SUPERVISORS Page 1 of4) 1
REPORTS
eting Date: January 24, 1996 Item Number: 5. c.
Subiect:
Recognition of Charles `Mac' Brown on the occasion of his retirement from Chesterfield County
Information Systems Technology Department.
County Administrator's Comments:
County Administrator:
Board Action Requested:
Adoption of attached Resolution.
Summary of Information:
/,-� ��l-� —
Preparer• Title:
Attachments: M
Yes ❑ No
Director, IST
RESOLUTION RECOGNIZING MR CHARLES `MAC' BROWN FOR HIS SERVICE
TO CHESTERFIELD COUNTY
WHEREAS, Mr. Charles Mac Brown will retire from the Information Systems
Technology Department, Chesterfield County, on January 26, 1996; and
WHEREAS, Mr. Brown has provided 20 years of quality service to the citizens of
Chesterfield County; and
WHEREAS, Chesterfield County and the Board of Supervisors will miss Mr. Charles Mac
Brown's diligent service; and
WHEREAS, Mr. Brown, as a Principal Analyst/Programmer, demonstrated exceptional
leadership skills in providing quality information systems services; and
WHEREAS, Mr. Brown's commitment to excellence, energies and total dedication are
reflected in each phase of automation throughout County growth; and
WHEREAS, due to his dedication and professionalism, Mr. Brown has earned respect and
admiration for his work ethic; and
WHEREAS, Mr. Brown's active participation in the Data Processing Management
Association, has contributed to the Information Systems profession; and
WHEREAS, Mr. Brown's participation in many community groups, including the Circus
Saints and Sinners Club, exhibited thoughtful concern for his fellow citizens; and
WHEREAS, Mr. Brown's cheerfulness, enthusiasm, friendliness, and loyalty will be
remembered by all.
AND, BE IT FURTHER RESOLVED, that a copy of this resolution be presented to Mr.
Brown and that this resolution be permanently recorded among the papers of this Board of
Supervisors of Chesterfield County, Virginia.
Meeting Date:
Su.�Lct:
January
4-6
CHESTERFIELD COUNT'F
BOARD OF SUPERVISORS
AGENDA
24, 1996 Item Number:
Page Loft
MN
Recognition of the Chesterfield County Employee -of -the -Year for 1995.
County Administrator's Comments:
�J
CountyAdministrator:
BoardAction Requested:
Summary of Information:
Each year departments are requested to nominate one candidate to
represent their department for the Employee -of -the -Year Award.
Departmental nominations were submitted to the Employee -of -the -Year
Selection Committee (Kevin Bruny, Department of Human Resource
Management; Margaret Hable, professional from Staff Development; and
Sherry Rumble, Past President of the Employees' Association). The
committee selected a candidate whose performance and individual
contribution to the mission of the department and service within the
community set him or her above his or her fellow employees. A listing
of the sixteen employees nominated is attached.
All candidates will be at the Board meeting to be recognized for their
accomplishments. The Employee -of -the -Year will be announced at that
time.
Preparer: �'`� Title:
Frederick W. Will' , Jr.
Attachments: 0 Yes F� No
Director, HRM
#
003
Department Employees of The Year
1995
:{}t:\�«ti��~'••{yY•��i}}�:?;:?.�♦•;:;:?�titi;}titit:•:{{{:•♦.•tY::{:�;:titi;:::tiff{
Blalock, Lori
•�::�::;.}7'�{•:i\:tiff•:•:•.:�•.{:::::.\::•::••'•::::•?::::•.\.\.::'••.
General Services
Bowman, Donna A.
Police
Hayes, Patricia A.
Treasurer's Office
Hazlett, Timothy
Parks and Recreation
Jasper, Brenda
Emergency Communications
Langston, Jay
Economic Development
McGarry, Susan
Plying
Mitchell, Phillip D.
Purchasing
Morelli, Phyllis
Real Estate Assessment
Murrell, Michael K.
Building Inspection
Nugent, Mark R.
Fire
Reese, Frances
Accounting
Sobczak, Kathryn A.
Internal Audit
Swann, Kenneth J.
Utilities
Thomas, Gregory A.
Sheriff
White, Arun
Library
004
- r
. l ,
V
CHESTERFIELD COUNTY
BOARD OF SUPERVISORS
AGENDA Page 1 of 3
t
Rk]N
Meeting Date: January 24, 1996 Item Number: 6 . A .
Subject: Work Session - Proposed South Central Wastewater Authority
County Administrator's Comments:
County Administrator: ��
At the January 3, 1996, Board of Supervisors meeting, a public hearing
was set for February 14, 1996, to receive comment on creation of the
South Central Wastewater Authority. The purpose of this work session
is to provide information concerning formation of the authority and
the impact on the County.
Preparers&'C�/ '4'1
Attachments: Yes = No
Title: Director of Utilities
# 005
CHESTERFIELD COUNTY
BOARD OF SUPERVISORS
AGENDA
Proposed South Central Wastewater Authority
Purpose/Structure
0 Provide Wastewater Treatment
0 Members
Chesterfield County
Dinwiddie County
Prince George County
City of Colonial Heights
City of Petersburg
Page 2 of 3
Authority Board - each jurisdiction appoints one member
Allocation of Treatment Plant Capacity
Total Plant Capacity 20 MGD
Petersburg 10.5 MGD
Colonial Heights 4.0 MGD
Chesterfield County 2.0 MGD
Dinwiddie County 2.0 MGD
Prince George County 1.5 MGD
0 Chesterfield's Cost $4,880,000
0 Meets County needs for 25 years
0 Service agreement includes provisions for additional
capacity if necessary
Alternatives for Chesterfield
0 Become a member of the Authority
0 Continue under current contract: Expires in 2002
a ec►s
CHESTERFIELD COUNTY
4`J BOARD OF SUPERVISORS
AGENDA
Summary of Information• (Continued)
Member of the Authority
Page 3 of 3
0 Secures capacity to meet long term needs for Matoaca-Ettrick
area
o Reasonable cost
0 Input into decisions concerning plant operations,
maintenance and improvements
0 Consistent with Wastewater Facilities Plan
Continue Under Current Contract
0 Delay cost to purchase additional capacity
0 No guarantee sufficient capacity will be available
0 Cost is unknown
0 May have to construct facilities to transport wastewater
to Proctors Creek Wastewater Treatment Plant
Actions Required
0 Public hearing
o Adopt concurrent resolution
o Authorize County Administrator to execute service agreement
# oo-i
CHESTERFIELD COUNTY
s BOARD OF SUPERVISORS Page 1 of 2
AGENDA
Meeting Date: January 24, 1996 Item Number: 6.B.
Subject:
Work session on the Proposed FY97-2001 Capital Improvement Program for
County facilities
County Administrator's Comments:
County Administrator:
Board Action Requested:
!-J
Hold a work session on the proposed FY97-2001 Capital Improvement Program
for County facilities
Summary of Information:
This date and time has been set to hold a work session on the proposed
Capital Improvement Program (CIP). The proposed CIP for FY97-2001
represents total proposed expenditures of over $377.5 million which
includes $29.9M in additional Utility projects that were added to support
industrial development in the Meadowville area. The proposed funding
allocation is as follows:
County $116,722,725
Schools 189,713,000
Utilities 71,096,000
Total CIP $377,531,725
Preparer:j -cfi % Title: Director. Budget and Mana-gement
`J"es J. l eg ier
Attachments: El Yes ENo
CHESTERFIELD COUNTY
BOARD OF SUPERVISORS
AGENDA
Meeting Date: January 24, 1996 Item Number:
Budget and Management Comments:
Page 2 of 2
The County's proposed program, including specific projects and proposed
funding sources will be reviewed at the work session. The School Board's
Capital Improvement Program will be presented to the Board at the joint
retreat in February and the Utilities Capital Improvement Program will be
presented during review of the Utilities Department operating budget.
In accordance with the County Charter, the CIP must be adopted by May 1st.
The proposed CIP is attached for your review.
009
Azrhmonb Zxmro -%sV trh
An Affiliate of Media General P. 0. BOX 85333
Richmond, Virginia 23293-
0001 GO
(804) 649-6000
Advertising Affidavit
(This is not a bill, please pay from invoice)
CHESTERFIELD CO.BO.SUPV
ATT THERESA PITTS
BOARD OF SUPERVISORS
P 0 BOX 40
CHESTERFIELD VA 23832
Account Num.
220806
Date
01/17/96
Date Code Description Ad Size' Total Cost
01/17/96 121 PUBLIC HEARING 3 x127 3,036.57
$rAiN�G and Newspapers, Inc.
O3 AMN ENWCEEMEN'i PROGRAM Publisher of
tice that the.Couuty Administrator has submitted a recommended
�+�-�?► tO
,;P,r, ;°Q HMOND TIMESthe BOW—DISPATCH
re' mCet%g'bn January 2d, 1996, at 7:00. p.m. iathe Couti Public
Room at the Cbesterfieid Gavenpment f3omplex, at 10031. Yroa
404
Cheater6e#d, v' g to consider the PtQgram Theuaty. ,tached MEETINGS — COMING EVENTS
intends sbo slap for. futadarst�ted by the Virgiina �epattment of
TransportationVDOT)'far the Program. Jewspapers, Inc., in the City
Objectives of the County TransportAtion Enhancement Program include: a, on the following dates:
Provision of fatalities for bicycles and pe0*ftiads.
•ANrAdfift of sm* tasements and scenic or historic sites. 01/17/96
•
scenic or historic r ;
Landscaping and
or
scenic autrfication.
• historic preservation.
Rehabuitation aq. operation of historic, transportation,
and lapels. .
structures, or facilities including historic ralmd
• Preservation of abandoned railway corridors including the conversion and
use thereof,for pan and bicycle tram.
Improvements are purposed throughout the .County. VDOT` is > not
required, however, to d all or a� of the proposed impzovcmenta
The proposed enhancement program includes the followiag projects:
PROPOSED FW ENHANCE�T PROJECTS ;given .... 01/10/96
TESTI UTED I )re
PRdORI'1"Y PROJECT C(`
1 � R�pS�3treet Sls9,ti06
2 MonacanSchooWordon $ 200.W '
Supervis r
:3 La 's oil*
03/31 /97
4 Bike Labe - Smoketree'
THIS IS NOT A BILL, PLEASE PAY FROM INVOICE. THANK YOU
#_ �.
`.
CHESTERFIELD COUNT
J �Y
BOARD OF SUPERVISORS
AGENDA
Meeting Date: January 26, 1996 Item Number:
Subs
DEFERRED NOMINATIONS/APPOINTMENTS
County Administrator's Comments:
7� N
CountyAdministrator:
BoardAction Requested:
Summary of Information:
Page 1 of-i-
7.
fd
7.
At the January 3,1996 -Board meeting, the Board deferred
consideration of nominations/appointments to various boards and
commissions. See attached list.
Under the existing Rules of Procedure, appointments to
boards and committees are nominated at one meeting and appointed
at the subsequent meeting unless Rules are suspended by a
unanimous vote of the Board. Nominees are voted on in the order
in which they are nominated.
See attached.
Preparers Title:
Faith L. Davis
Attachments: N Yes F1 No
Clerk to the Board of Supervisors
# 010
BOARD APPOINTMENTS
COMMITTEE ON THE FUTURE
keA
Mrs. Renny B. Humphrey - Matoaca District
Term is at the pleasure of the Board
RICHMOND REGIONAL PLANNING DISTRICT COMMISSION
Appointments are for terms expiring 12/31/95
Mr. Phillip G. Cunningham, Planning Commission Representative
Terms would be four years beginning January 24, 1996 and expiring
December 31, 1999.
The Planning Commission has recommended Mr. Russell J. Gulley be
appointed to the Richmond Regional Planning District Commission as
the Planning Commission Representative.
COMMUNITY SERVICES BOARD
Appointments are for terms expiring December 31, 1995
Mrs. Mary Lou Cowles - Dale District
Terms would be three years beginning January 24, 1996 and expiring
December 31, 1998. Mrs. Cowles is ineligible for reappointment.
DISABILITIES SERVICES BOARD
Appointments are for terms expiring December 31, 1995
Mr. Lee Deal - Clover Hill District
Mr. Jay Lowden - Dale District
Mr. John Coates - Midlothian District
Mr. Robert L. Masden - At -Large
Terms would be three years beginning January 24, 1996 and expiring
December 31, 1998.
Mr. Masden has expressed a desire to continue serving. Mr. Deal,
Mr. Lowden and Mr. Coates have declined reappointment. Staff is
recommending that Ms. Meade H. Boswell be nominated to represent
Midlothian District on the Disabilities Services Board. Staff is
attempting to fill vacancies representing Clover Hill and Dale
Districts.
011
PARKS AND RECREATION ADVISORY COMMISSION
Appointments are for terms expiring December 31, 1(995
Mr. Jim Strawn - Bermuda District
Mr. Bryan Walker - Bermuda District C'Sa'toL
Dr. Douglas Cutter - Midlothian District`
Mr. Jim Guyton - Midlothian District
Terms would be three years beginning January 24, 1996 and expiring
December 31, 1998.
Mr. McHale has requested that Mr. Walker be reappointed and Mr.
Timothy R. Mick replace Mr. Jim Strawn on the Commission.
Mr. Jim Rowe previously represented Clover Hill District on the
Commission, however, has relocated into Midlothian District and has
expressed a desire to continue serving, representing the Midlothian
District.
SOLID WASTE ADVISORY COMMITTEE
Appointments are for terms expiring December 31, 1995
Mr. Tom McKinley - Dale District ')
Mr. Ralph Rowlette - Matoaca District0-
Ms. Joyce Moldovan - Midlothian District
Mr. Jack Horner - Citizen At -Large
Terms would be a one year term beginning January 24, 1996 and
expiring December 31, 1996.
Mr. Horner, Mr. McKinley, Mr. Rowlette and Ms. Moldovan have
declined to be reappointed.
KEEP CHESTERFIELD CLEAN CORPORATION
Appointments are for terms expiring January 31, 1996
Mr. Floyd L. Robinson, Jr. - Matoaca District��
Ms. Kathleen Petty - Midlothian District
Terms would be a one year term beginning February 1, 1996 and
expiring January 31, 1997.
Mr. Robinson and Ms. Petty have declined reappointment.
012
<�--A
— CHESTERFIELD COUNTY
OV
BOARD OF SUPERVISORS
AGENDA
Meeting Date: January 24, 1996 Item Number:
Streetlight Installation Approval
County Administrator's Comments:
County Administrator:
Board Action Requested:
This item requests Board approval of a Streetlight Installation in the Bermuda District.
Summary of Information:
Pagel of 2
Streetlight requests from individual citizens or civic groups are received in the Department of Environmental
Engineering. Staff requests cost quotations from Virginia Power for each request received. When the quotation
is received, staff re-examines each request and presents them at the next available regular meeting of the Board
of Supervisors for consideration. Staff provides the Board with an evaluation of each request based on the
following criteria:
Streetlights should be located at intersections;
2. There should be a minimum average of 600 vehicles per day (VPD) passing the requested
location if it is an intersection, or 400 VPD if the requested location is not an intersection;
3. Petitions are required and should include 75 % of residents within 200 feet of the requested
location and if at an intersection, a majority of those residents immediately adjacent to the
intersection.
CONTINUED NEXT PAGE
Preparer• —f" -,- &
4&&-Z
Richard M. KAlfish, P.E.
Title: Director, Environmental Engineering
# 013
Attachments: N
Yes F-1
No
CHESTERFIELD COUNTY Page 2 of 2
OD BOARD OF SUPERVISORS
AGENDA
Summary of Information: (Continued
Cost quotations from Virginia Power are valid for a period of 60 days. The Board, upon presentation of the cost
quotation, may approve, defer, or deny the expenditure of funds for the streetlight installation. If the expenditure
is approved, staff authorizes Virginia Power to install the streetlight. A denial will cancel the project and staff
will so notify the requestor. A deferral will be brought before the Board again when specified.
BERMUDA DISTRICT:
* Happy Hill Road and Pheasant Run Drive
Cost to install light: $ 88.98
Meets all minimum criteria
Bermuda Streetlight Funds
Requested Effective
Balance Forward Expenditure Remaining Balance
$27,228.95 $88.98 $27,139.97
STREETLIGHT REQUEST
Bermuda District
REQUEST ESTIMATE
RECEIVED: July 28, 1994 REQUESTED: August 5, 1994
ESTIMATE DAYS ESTIMATE
RECEIVED: January 10, 1996 OUTSTANDING: 523
COST TO INSTALL STREETLIGHT: $ 88.98
NAME OF REQUESTOR: Robin Lee
ADDRESS: 14303 Longfeather Court
Chester, VA 23831
PHONE NUMBER: HOME - 751-8615
FX REQUEST IS LOCATED AT THE INTERSECTION OF:
Happy Hill Road and Pheasant Run Drive
F� REQUEST IS NOT AT AN INTERSECTION. REQUESTED LOCATION IS:
POLICY CRITERIA:
INTERSECTION: Qualified
VEHICLES PER DAY: Qualified
PETITION: Qualified
REQUESTOR OR STAFF COMMENTS:
None
Attachments: Map
01.5
Oreet Light Request 1acp
January 24. 199h
This map is a copyrighted product of
the ChesWfield County GIS Office.
4 This map shows citizen requested
streetlight installations in relation
Street Light Legend W to existing streetlights.
existing light Existing streetlight information was
obtained from the Chesterfield County
requested light Environmental Engineering Department.
SCALE f: 7570
eaoas na o o eso.ee I
S � S�
1 ' = 630.88 feat
C
� a o
�
O
♦
(-n
RD
Ctf
� leo FST��C 'p Cr
z
This map is a copyrighted product of
the ChesWfield County GIS Office.
4 This map shows citizen requested
streetlight installations in relation
Street Light Legend W to existing streetlights.
existing light Existing streetlight information was
obtained from the Chesterfield County
requested light Environmental Engineering Department.
SCALE f: 7570
eaoas na o o eso.ee I
S � S�
1 ' = 630.88 feat
CHESTERFIELD COUNTY
BOARD OF SUPERVISORS Page iof-j—
"""" AGENDA
Meeting Date: January, 1996 Item Number: 8 • B • 1
Subject:
Nomination and Appointment to the Accident Review Board for Chesterfield County.
County Administrator's Comments:
County Administrator:
BoardAction Requested:
Request that the Board suspend the rules and simultaneously nominate and
appoint the attached names to serve on the Accident Review Board:
Summary of Information:
The following names are submitted to be nominated and appointed by the Board
of Supervisors to serve on the Accident Review Board for Chesterfield County.
The terms are effective immediately and serve at the pleasure of the Board.
1) Mr. Gerald Critcher, Supervisor, County Garage
2) Mr. Wayne Kirkland, Supervisor, Vehicle Maintenance, School Board
3) Lt. D. Courtney Griffin, Support Services Division Commander, Police Dept.
4) Dr. Michael McEvoy, Environmental Safety _health Officer, School Board
5) Mr. Edward Atkins, Supervisor, Public Transportation
6) Safety Officer, Risk Management Department
7) Chief Paul Shorter, Senior Battalion Chief, Fire Department _
8) Mr. Timothy W. Perry, Fleet Manager, General Services
9) Mr. Patrick L. Collins, Safety Officer, Fire Department
10) Mr. lbbert Campbell, Supervisor, School Board P7a.intenance
The Accident Review Board shall serve under the direction of, and report to,
the Director of Risk Management.
PreP arer• ""'��� /5 Title: Risk Manager
# 017
Attachments: Yes No
Ca
CHESTERFIELD COUNTY
S" = BOARD OF SUPERVISORS
AGENDA
Meeting Date: January 24, 1996 Item Number:
Subject:
NOMINATION
Richmond Regional Planning District Commission
County Administrator's Comments:
County Administrator:
BoardAction Requested:
Page 1 of 1
Summary of Information:
Staff is recommending Mr. M. D. "Pete" Stith be nominated as
an alternate member to serve on the Richmond Regional Planning
District Commission.
Under the existing Rules of Procedure, appointments to
boards and committees are nominated at one meeting and appointed
at the subsequent meeting unless rules are suspended by a
unanimous vote of the Board. Nominee is voted on in the order
nominated.
Term would be effective January 24, 1996 and expire December
31, 1999.
Preparer:Title: Clerk to the Board of Supervisors
Faith L. Davis # 018
Attachments: E]Yes ■ No
DID �
CHESTERFIELD COUNTY
BOARD OF SUPERVISORS
AGENDA
Page 1 of 1
Meeting Date: January 24, 1996 Item Number: 8 • C. 1. a .
Subiect: Adoption of Resolution Recognizing Dr. Edward A. Duffy for His Service to the
Central Virginia Waste Management Authority (CVWMA) Board of Directors
County Administrator's Comments:
County Administrator:
Board Action Requested:
Staff requests the Board adopt the attached resolution.
Summary of Information:
Staff requests the Board adopt the attached resolution recognizing Dr. Edward A. Duffy,
representing the County at -large, for his service to the Central Virginia Waste Management Authority
(CVWMA) Board of Directors.
Due to a prior business commitment, Dr. Duffy will be unable to be present at the Board meeting
to accept the resolution, therefore, staff will forward the resolution to him. See attached resolution.
Preparer: /`J Title: Director, General Services
f,a rancis M. Pitaro
Attachments: 0 Yes FINo # 019
R
RECOGNIZING DR. EDWARD A. DUFFY FOR HIS SERVICE
TO THE CENTRAL VIRGINIA WASTE MANAGEMENT AUTHORITY
BOARD OF DIRECTORS
WHEREAS, the Central Virginia Waste Management Authority's
purpose is to promote environmentally safe solid waste management
practices throughout the Central Virginia region; and
WHEREAS, Dr. Edward A. Duffy was appointed to serve as
Chesterfield County's representative on the Central Virginia Waste
Management Authority (CVWMA) Board of Directors in 1993; and
WHEREAS, Dr. Duffy has been instrumental in maintaining the
quality of the CVWMA's program and in addressing solid waste
management issues in Central Virginia; and
WHEREAS, through Dr. Duffy's efforts, members of the CVWMA
Board of Directors and officials in the thirteen localities --
Ashland, Charles City, Chesterfield, Colonial Heights, Goochland,
Hanover, Henrico, Hopewell, New Kent, Petersburg, Powhatan, Prince
George, and Richmond -- continue to be educated and informed about
environmental issues and innovative technology in order to make
sound decisions about programs for the region; and
WHEREAS, as a result of Dr. Duffy's leadership and dedication,
the CVWMA continues to serve its thirteen member jurisdictions with
regional waste management and recycling programs with an estimated
value in fiscal year 1995 exceeding seven million dollars.
NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County
Board of Supervisors publicly recognizes and expresses their
appreciation to Dr. Edward A. Duffy for his outstanding service and
achievements while a member of the Central Virginia Waste
Management Authority (CVWMA) Board of Directors.
AND, BE IT FURTHER RESOLVED, that a copy of this resolution be
presented to Dr. Duffy and that this resolution be permanently
recorded among the papers of this Board of Supervisors of
Chesterfield County, Virginia.
OW
CHESTERFIELD COUNTY 1 1
BOARD OF SUPERVISORS Page of
AGENDA
Meeting Date: January 24, 199 6 Item Number: 8 . C . 1. b .
Subject:
Resolution recognizing John R. Easter for his service to the
Chesterfield County Planning Commission
County Administrator's Comments:
/J
County Administrator:
BoardAction Requested:
Summary of Information:
Mr. John Easter chose not to be reappointed to the Planning Commission
from Midlothian District. This resolution is to recognize him for his
dedicated service to the citizens of Chesterfield.
Preparer: Title:
Thomas E. obson
Attachments: N Yes F-1 No
1JAN2496/A:A
�r
4 --.
IE
RECOGNIZING MR. JOHN R. EASTER FOR HIS SERVICE TO THE CHESTERFIELD
COUNTY PLANNING COMMISSION
WHEREAS, John R. Easter, has effectively and diligently served the citizens of the Midlothian District
and Chesterfield County as the Midlothian District Planning Commissioner from January 1992 through
December 1995; and
WHEREAS, on the first day of his appointment, January 2, 1992, he was actively negotiating the
controversial Galleria zoning case for a major regional mall and additional commercial development
adjacent to Crestwood Farms Neighborhood and the wider Bon Air Community; and
WHEREAS, after numerous meetings and thorough and sometimes heated discussions, he skillfully
prepared zoning conditions which resulted in a Board of Supervisors' rezoning approval for the Galleria
Project. This zoning case will result in a major quality economic development project and the protection
and stability of the surrounding residential neighborhoods; and
WHEREAS, Mr. Easter worked extensively with the development, business and residential communities
through development issues, Midlothian District zoning cases and other development applications; such
as;
the Strange's Florist request which set design parameters for a major undeveloped site
along Route 60 adjacent to Brighton Green subdivision;
numerous rezonings near Chesterfield Town Center which allowed expansion of the
County's largest regional shopping mall, creation of the Lowe's Plaza power center and
the construction of Koger Center Boulevard east of Huguenot Road, thereby expanding
the loop road system around the Route 60/Huguenot Road intersection;
the Insland Group rezoning which established the potential for a northern branch for
John Tyler Community College and the conceptual alignment for the extension of Route
288 North from Powhite Parkway to Route 60; and
WHEREAS, Mr. Easter lead discussions and negotiations on two important Comprehensive Plan
amendments in Midlothian District; and
WHEREAS, the HuzuenodRobious/Midlothian Area Plan will effectively guide quality commercial and
regional center uses in the Chesterfield Town Center; and
WHEREAS, the Old Gun/Robious Area Plan will maintain the low density character of the Old Gun
and northern Robious Road corridor; and
WHEREAS, Mr. Easter has laid the groundwork for a major planning project in the Eastern Midlothian
Turnpike Corridor and the preparation of an overall Chesterfield County Development Strategy.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors hereby
expresses their deepest gratitude and appreciation for Mr. Easter's service to the County as Planning
Commissioner from Midlothian District.
,x CHESTERFIELD COUNTY
BOARD OF SUPERVISORS Page —Lot 2
Meeting Date: January 24, 1996 AGENDA Item Number: g . C • l . c .
Subs ect:
Resolution Recognizing Diane Roberts for Service on the Chesterfield County Personnel Appeals
Board and Police Chief Selection Committee
County Administrator's Comments:
CountyAdministrator: - L %Z
BoardAction Requested:
Summary of Information:
Whereas, Chesterfield County depends on and highly values the many contributions made by citizens
who are appointed to and serve on a variety of boards, commissions and committees in pursuit of
establishing and maintaining Chesterfield County as the "...first choice community," and;
Whereas, Ms. Diane Roberts was appointed to and served on the Chesterfield County Personnel
Appeals Board, a three person citizen panel appointed by the Board of Supervisors to provide
employees an impartial hearing at the fourth and concluding step in the Chesterfield County Employee
Grievance Procedure, and;
Whereas, Ms. Roberts served on the Personnel Appeals Board for a period of two years during which
she demonstrated her commitment to providing employees a full and objective hearing of their
grievances, and;
Preparer•
S2—
Frederick W. Willis, Jr.
Attachments: El Yes 0 No
Title: Director, Human Resource Management
# 0 3
CHESTERFIELD COUNTY
BOARD OF SUPERVISORS
AGENDA Page -L of -2
Summary of Information: (Continued)
Whereas, Ms. Roberts was subsequently appointed to the Police Chief Selection Committee and
assisted the committee in developing the processes and approaches to be used in this critical task of
conducting a nationwide search to fill the position of Police Chief which will be vacated by the
retirement of Colonel Joseph Pittman, Jr., and;
Whereas, such dedication to service exemplifies the best in citizen participation and Ms. Robert's
experience and talent were brought to bear in service to the County organization and its citizens, and;
Whereas, be it resolved, that the Chesterfield County Board of Supervisors hereby expresses its
appreciation to Ms. Diane Roberts for her outstanding service to the citizens of Chesterfield.
And, be it further resolved, that a copy of this resolution be presented to Ms. Roberts and this
resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield
County, Virginia.
0` 4
CHESTERFIELD COUNTY
BOARD OF SUPERVISORS
AGENDA
Page 1 of 1
Meeting Date: January 24, 1996 Item Number: 8 • C. 1. a .
Subject: Adoption of Resolutions Recognizing Members of the Solid Waste Advisory
Committee
County Administrator's Comments:
County Administrator: `/ H
Board Action Requested:
Staff requests the Board adopt the attached resolutions.
Summary of Information:
Staff requests the Board adopt the attached resolutions recognizing Mr. Tom McKinley,
representing Dale District; Mr. Ralph Rowlette, representing Matoaca District; and Mr. Jack Horner,
representing the County at -large for their service to the Solid Waste Advisory Committee.
Mr. McKinley, Mr. Rowlette, and Mr. Horner are unable to be present at the meeting, however,
staff will forward the resolutions accordingly.
See attached resolutions.
Preparers Title: Director, General Services
boa Fr cis M. Pitaro
Attachments:■ Yes � No # 0«
5
9
RECOGNIZING MR. TOM MCKINLEY FOR HIS
SERVICE TO THE SOLID WASTE ADVISORY COMMITTEE
REPRESENTING DALE DISTRICT
WHEREAS, the Solid Waste Advisory Committee reviews all
regional and County programs pertaining to solid waste issues
including recycling and solid waste management; and
WHEREAS, the Solid Waste Advisory Committee meets regularly to
review proposals, legislation schedules, and actions necessary to
promote these programs; and
WHEREAS, Mr. Tom McKinley was appointed to serve as Dale
District's representative to the Solid Waste Advisory Committee in
April 1994; and
WHEREAS, Mr. McKinley has been instrumental in maintaining the
quality of the Committee's programs and in addressing solid waste
issues in Chesterfield County; and
WHEREAS, Mr. McKinley has faithfully and diligently performed
the duties and discharged the responsibilities incumbent upon a
member of.the Solid Waste Advisory Committee; and
WHEREAS, while serving on the Solid Waste Advisory Committee,
Mr. McKinley demonstrated leadership and commitment to the issues
before the Committee.
NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County
Board of Supervisors publicly recognizes and expresses their
appreciation to Mr. Tom McKinley for his outstanding service to the
Solid Waste Advisory Committee, representing Dale District.
AND, BE IT FURTHER RESOLVED, that a copy of this resolution be
presented to Mr. McKinley and that this resolution be permanently
recorded among the papers of this Board of Supervisors of
Chesterfield County, Virginia.
M
R
RECOGNIZING MR. RALPH ROWLETTE FOR HIS
SERVICE TO THE SOLID WASTE ADVISORY COMMITTEE
REPRESENTING MATOACA DISTRICT
WHEREAS, the Solid Waste Advisory Committee reviews all
regional and County programs pertaining to solid waste issues
including recycling and solid waste management; and
WHEREAS, the Solid Waste Advisory Committee meets regularly to
review proposals, legislation schedules, and actions necessary to
promote these programs; and
WHEREAS, Mr. Ralph Rowlette was appointed to serve as Matoaca
District's representative to the Solid Waste Advisory Committee in
January 1992; and
WHEREAS, Mr. Rowlette maintained the quality of the
Committee's programs by addressing solid waste issues in
Chesterfield County; and
WHEREAS, Mr. Rowlette has performed the duties and discharged
the responsibilities incumbent upon a member of the Solid Waste
Advisory Committee.
NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County
Board of Supervisors publicly recognizes and expresses their
appreciation to Mr. Ralph Rowlette for his service to the Solid
Waste Advisory Committee, representing Matoaca District.
AND, BE IT FURTHER RESOLVED, that a copy of this resolution be
presented to Mr. Rowlette and that this resolution be permanently
recorded among the papers of this Board of Supervisors of
Chesterfield County, Virginia.
0247
RECOGNIZING MR. JACK HORNER FOR HIS
SERVICE TO THE SOLID WASTE ADVISORY COMMITTEE
REPRESENTING THE COUNTY AT LARGE
WHEREAS, the Solid Waste Advisory Committee reviews all
regional and County programs pertaining to solid waste issues
including recycling and solid waste management; and
WHEREAS, the Solid Waste Advisory Committee meets regularly to
review proposals, legislation schedules, and actions necessary to
promote these programs; and
WHEREAS, Mr. Jack Horner was appointed to serve as an at -large
representative to the Solid Waste Advisory Committee in January
1992; and
WHEREAS, Mr. Horner maintained the quality of the Committee's
programs by addressing solid waste issues in Chesterfield County;
and
WHEREAS, Mr. Horner has performed the duties and discharged
the responsibilities incumbent upon a member of the Solid Waste
Advisory Committee.
NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County
Board of Supervisors publicly recognizes and expresses their
appreciation to Mr. Jack Horner for his service to the Solid Waste
Advisory Committee, representing the County at -large.
AND, BE IT FURTHER RESOLVED, that a copy of this resolution be
presented to Mr. Horner 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
T5..c. z
Page 1 of 2
Meeting Date: January 24, 1996 Item Number: 8.C.2.
Subject:
Appropriation of Revenue from the State Compensation Board.
County Administrator's -Comments:
1Qe. Co M "~pv vat .
County Administrator:
Board Action Requested:
Appropriate $36,989.00 in State
of computer hardware necessary
Commonwealth Attorney's office.
Summary of Information:
Compensation Board revenue for the purchase
for completion of a project to automate the
The State Compensation Board has granted funds to be used to purchase
computer equipment for the Commonwealth Attorney's office. This will allow
the department to partially fund an $83,000.00 project to begin implementing
an automated networked case management system approved by the County's
Information Systems Technology department.
Preparers . ct/ Q Title: Commonwealth Attorney
William W. Davenp
Attachments: 0 Yes F]No # 033
C]EIESTERFIEELD COUNTY
BOARD OF SUPERVISORS
AGENDA
Page 2 of 2
Meeting Date: January 24, 1996 Item Number:
Budget and Management Comments:
The Commonwealth Attorney's office has identified the need for an
automated case management system. Appropriation of revenue made available
by the State Compensation Board for this purpose will partially fund this
project.
The total cost of the project is estimated at $83,000. If this item is
favorably received, the department will still need to identify
approximately $46,500 to complete the installation of the automated
system.
! 12 4-1� ' Title: Director, Budget and Management
aures . L. Stegmaier
034
' � w
JUNE R.FUNKHOUSER
CHAIRMAN
DANNY M. PAYNE
W J. KUCHARSKI
EX -OFFICIO MEMBERS
l �
BRUCE W HAYNES
EXECUTIVE SECRETARY
COMMONWEALTH of
COMPENSATION BOAR
P. Q BOX 710
RICHMOND, VIRGINIA 23206-07',
MATTHEWS
September 5, 1995
The Honorable William W. Davenport
Commonwealth's Attorney
Chesterfield County
P. O. Box 25
Chesterfield, VA 23832-0025
Dear Mr. Davenport:
This is in response to your request for data processing
equipment, and to inform you of Compensation Board action taken on
your request.
Specifically, the Compensation Board took the following action
on your request at its meeting held on August 31, 1995:
Equipment Total Equipment
Requested Approved Approved
Hardware Only $36,989.00 Hardware Only
$36,989.00
Please note that the Compensation Board must consider the
Fiscal Stress Index for each locality when approving equipment
funding for Commonwealth Attorney offices. Thus, even though most
requests were approved as requested, the actual reimbursement
amount may, according to the individual stress factor for your
locality, vary from 56% to 96%.
All approvals are for the equipment requested; the
Compensation Board will not approve transfers from the equipment
line item of your budget. Further, all reimbursement requests must
be submitted prior to June 1, 1996 as these funds will not be
available in the next fiscal year.
(Over)
035
FAX (804) 371-0235 ADMINISTRATION (804) 786-0786 (V/TDD) (804) 786-0786
Please call Bruce W. Haynes, James W. Matthews, or Mary W.
Luck if you have any questions.
Sincerely,
June,,Yr. Funkhouser, Chairman
E Bruce W. Hayn
' Executive Secretary
Copy to: Governing, Body
demes W. Matthews, Assistant Executive Secretary
Mary W. Luck, Senior Fiscal Technician/Commonwealth Attorneys Program
Maria Martino Callahan, Senior Fiscal Technician, Commissioners/Treasurers' Programs
C. P. Heitzler, Jr., Department of Information Technology
h:\caegpt.f96
kml-09/01/95
036
CHESTERFIELD COUNTY
BOARD OF SUPERVISORS
AGENDA
Meeting Date: January 24,19% Item Number: 8 • c. 3.
Subject: Appropriation of Additional State Revenue
County Administrator's Comments:
County Administrator: /--i
Board Action Requested: To appropriate $76,600 in State Aid funding.
Summary of Information
During the FY96 budget process, the
State Aid to be $169,100. After the
Library learned that due to a change
would receive $245,700 in State Aid
Page 1 of 1
Library estimated its revenues from
budget process was completed, the
in the State's allocation method, it
(an increase of $76,600).
The Library is requesting that the additional revenue be appropriated at
this time. The funds will be used to purchase books and materials. The
need for additional books and materials was identified as an unfunded need
during the FY96 budget process. There will be no cost to the General Fund
as a result of this action.
PreP arer: Title: Director, Library
Dr. Robert Welgenknecht
Attachments: El Yes . No #
037
CHESTERFIELD COUNTY
BOARD OF SUPERVISORS Page 1 of1
ar
Januy 24, 1996 AGENDA •
Meeting Date: Item Number: 8 • C. 4.
Subject:
Transfer to School Board for designation to Thomas Dale High School Activities Fund
County Administrator's Comments:
County Administrator:
BoardAction Requested:
Transfer $1,000 in Bermuda Three Cent Road Funds to School Board for designation for Thomas
Dale High School Activities Fund.
Summary of Information:
Mr. McHale has requested a $1,000 contribution to the School Board to supplement the Thomas
Dale Activity Funds for appropriate school activities assisting the Thomas Dale High School Class
of 1996.
Funds are available in the Bermuda Three Cent Road Fund account. Use of $1,000 will leave an
approximate balance of $19,042.
Preparer: Title:
J es J. L. St gmaier
Attachments: ED Yes N No
Director, Budget and Management
0800:12706.1
#
9� ..
y CHESTERFIELD COUNTEi
BOARD OF SUPERVISORS
AGENDA
Meeting Date: January 24, 1996
a C'5
Page 1 of 1
Item Number: 8 • c. 5.
Subject: Jahnke Road Transmission Main, Phase II - County Project
Number 93-0093
County Administrator's Comments:
County Administrator: _
Board Action Reauested:
Staff requests that the Board approve change Order Number 7, for the
construction work by the Contractor, G. L. Howard, Inc. in the amount of
$125,428.00 and authorize the County Administrator to execute the
necessary contract documents.
Summary of Information:
Change Order Number 7 includes the additional work and materials
necessary to construct approximately 2345 feet of gravel road. This
road is required to provide permanent access for emergency and
maintenance purposes for a 4200 foot portion of the 30 inch transmission
main. The relocation of the original alignment eliminated all other
access points. The new alignment is now more acceptable to the
neighboring community. Funds for this change order are available in the
current Capital Improvement Budget.
Preparer
Attachments: Yes M No
Title: Assistant Director
# n39
�c
CHESTERFIELD COUNTY
Le
BOARD OF SUPERVISORS
6� AGENDA Page 1 of 1
Meeting Date: January, 24, 1996 Item Number: 8. c. 6.
Subject: Request to Quitclaim a Portion of a SWM/BMP Easement Across Lot
7, Mineola, Section E
County Administrator's Comments:
-/S-Z- 1�
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 portion of an
existing SWM/BMP easement across the Lot 7, Mineola, Section E.
Summary of Information:
Mary Leigh Babb has requested a portion of an existing SWM/BMP easement be
vacated to alleviate Mary Leigh Babb's liability to maintain the remainder
of the SWM/BMP facility. Staff has reviewed the request and recommends
approval.
District: Midlothian
Prepare ._
John W. Harmon
Attachments: = Yes No
Title: Right of Way Manager
# 040
14
VICINITY SKETCH
REQUEST TO QUITCLAIM A PORTION OF A SWM/BMP EASEMENT ACROSS LOT
7 MINEOLA SECTION E MARY LEIGH BABB
0- 41
" olUner Mary .C,eigh ebb
13.8.2560 p . G170
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CHESTERFIELD COUNTY
BOARD OF SUPERVISORS
AGENDA Page 1 of 1
Meeting Date: January 24, 1996 Item Number: 8.C.7.a.
Subject: Request Permission for Wooden Landscape Structures to Encroach
within Existing 16' Water Easement
County Administrator's Comments:
12eco4u4wic4
County Administrator:
Board Action Requested: Staf f recommends that the Board of Supervisors grant
Woodlake Investment Corporation permission to have wooden landscape
structures encroach within an existing 16' water easement; subject to the
execution of a license agreement.
Summary of Information:
Woodlake Investment Corporation has requested permission to have wooden
landscape structures encroach within an existing 16' water easement. This
request has been reviewed by staff and approval is recommended.
District: Matoaca
Preparer• -z J - �2z an
ohn W. Harmon
Attachments: = Yes No
Title: Right of Way Manager
# 043
REQUEST PERMISSION FOR WOODEN LANDSCAPE STRUCTURES TO ENCROACH WITHIN
EXISTING 16' WATER EASEMENT WOODLAKE INVESTMENT CORPORATION
(144
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open space
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R
CHESTERFIELD COUNTY
BOARD OF SUPERVISORS
AGENDA Page 1 of 1
Meeting Date: January 24, 1996 Item Number: 8 • C. 7. b.
Subject: Request Permission for a Deck to Encroach within an Existing
Variable Width Utility and Drainage Easement
County Administrator's Comments:
�... AJ
County Administrator:
Board Action Requested: Staff recommends that the Board of Supervisors grant
Capitol Builders, Inc. permission to have a deck encroach within an
existing variable width utility and drainage easement; subject to the
execution of a license agreement.
Summary of Information:
Capitol Builders, Inc. has requested permission to have a deck encroach
within an existing variable width utility and drainage easement. This
request has been reviewed by staff and approval is recommended.
District: Matoaca
Preparer•'�o�a
Jo n W. Harmon
Attachments: = Yes No
Title: Right of Way Manager
0 116
17
VICINITY SKETCH
REQUEST PERMISSION FOR A DECK TO ENCROACH WITHIN AN EXISTING
VARIABLE WIDTH UTILITY AND DRAINAGE EASEMENT CAPITOL BUILDERS INC
047
.FUR.: ARMOND A. COLEMAN
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SECTION "10'x, IN THE MBCA DISTRICT CF CHESTERFIELD COUNTY,
VIRGINIA.
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0. -7 0,
CHESTERFIELD COUNTY
4--) BOARD OF SUPERVISORS
AGENDA Page 1 of 1
Meeting Date: January 24, 1996 Item Number: 8 • C. 7. c.
Subject: Request Permission for a Concrete Drainage Structure to Encroach
within an existing 20' Sanitary Sewer Easement
County Administrator's Comments:
County Administrator: c1t L49
Board Action Requested: Staff recommends that the Board of Supervisors grant
Regency Homes permission to have a concrete drainage structure encroach
within an existing 20' sanitary sewer easement; subject to the execution
of a license agreement.
Summary of Information:
Regency Homes has requested permission to have a concrete drainage
structure encroach within an existing 20' sanitary sewer easement. This
request has been reviewed by staff and approval is recommended.
District: Matoaca
Preparer:- . �an
John W. Harmon
Attachments: = Yes No
Title: Right of Way Manager
# 049
13
- L VICINITY SKETCH
REQUEST PERMISSION FOR A CONCRETE DRAINAGE STRUCTURE TO ENCROACH
WITHIN AN EXISTING 20' SANITARY SEWER EASEMENT REGENCY HOMES
ASHe pK ''. S H B R OO'r: Q tROPH�O EttEO
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44
_J/—I IGF P It' LAW-Wr )
CHESTERFIELD COUNTY
BOARD OF SUPERVISORS
NU AGENDA Page 1 of 1
Meeting Date: January 24. 1996 Item Number: 8 • c • 8
Subject: Conveyance of an Easement to Bell Atlantic -Virginia, Inc.
County Administrator's Comments:
)fe af teto vm_ .
:n:;� �-j CSX
County Administrator:
Board Action Requested: Authorize the Chairman of the Board of Supervisors
and the County Administrator to execute an easement agreement with Bell
Atlantic -Virginia, Inc. to install underground telephone lines from an
existing pole to provide phone service to the new Chippendale Retirement
Center.
Summary of Information:
Staff requests that the Board of Supervisors authorize the Chairman of the
Board of Supervisors and the County Administrator to execute an easement
agreement with Bell Atlantic -Virginia, Inc. to install underground
telephone lines from an existing pole to provide phone service to the new
Chippendale Retirement Center.
District: Dale
Preparer:
John W. Harmon
Attachments: = Yes No
Title: Right of Way Manager
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CHESTERFIELD COUNTY
BOARD OF SUPERVISORS
AGENDA Page 1 of 1
Meeting Date: January 24, 1996 Item Number: 8.c.9.
Subject: Approval of Utility Contract for Jessup Place - Contract
Number 94-0227
County Administrator's Comments:
Re co w4ww"Z
County Administrator:
Board Action Requested:
Staff recommends that the Board of Supervisors approve this contract and
authorize the County Administrator to execute any necessary documents.
Summary of Information:
This project includes 1036 L.F.± of off-site wastewater line. In
accordance with the ordinance, the Developer is entitled to receive a
refund for a portion of this extension. Staff is recommending approval
of the refunds.
Developer:
Contractor:
DuVal Development, Inc.
J. Steven Chafin, Inc.
Contract Amount: Estimated Total -
Total Estimated County Cost:
Wastewater (offsite)
(Refund thru connections)
Estimated Developer Cost
Code: (Off -Site)
District: Dam
Preparer:
Attachments:
MS:a__
0 Yes No
$127,378.00
$12,728.13
$114,649.87
5N-572VO-E4D
Title: Assistant Director
# f5
COUNTY CONTRACT NUMBER 94-0227
JESSUP PLACE (T
y�
F --C. 1o.
' CHESTERFIELD COUNTY
BOARD OF SUPERVISORS
AGENDA Page 1 of 2
Meeting Date: January 24, 1996 Item Number: 8-C-10.
Subject: Approval of the Purchase of a Parcel of Land and Improvements for
Access to the Replacement Site for Carver Middle School from
Samuel A. Williams and Dorothy K. Williams
County Administrator's Comments:
Pe - C o M*,e44'
l.i
County Administrator:
Board Action Requested: Staff requests that the Board of Supervisors approve
the purchase of a parcel of land with improvements and necessary easements
for access to the replacement site for Carver Middle School from Samuel A.
Williams and Dorothy K. Williams and authorize the County Administrator to
execute the contract and deed.
Summary of Information:
Staff requests that the Board of Supervisors approve the purchase of a
parcel of land containing 3 acres, more or less, with improvements, for
$181,500.00, lying west of Harrowgate Road and adjacent to the site for
Carver Middle School. Approval is recommended.
Budget and Management Comments:
District: Bermuda
Preparer• Z.f
ohn W. Harmon
Attachments: = Yes No
Title: Right of Way Manager
#
057
l . VICINITY SKETCH
APPROVAL OF THE PURCHASE OF A PARCEL OF LAND AND IMPROVEMENTS FOR
ACCESS TO THE REPLACEMENT SITE FOR CARVER MIDDLE SCHOOL FROM
SAMUEL A WILLIAMS AND DOROTHY K WILLIAMS
)q
( -y EXHIBIT "All
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16
SAMUEL A. WILLIAMS
DOROTHY K. WILLIAMS o e. •,. ,~;�' z,�
DEED BOOK 1265 PAGE 312
DEED BOOK 1729 PAGE 473
e •w \ \
TAX MAP No.: 149-13(1)6 AND
A PORTION OF 149-13(1)1 ^
,e
\ � ~ cif \\ • v ^�
APPROXIMATELY 3 ACRES
AND IMPROVEMENTS `, �6} •; `•w \� A +. `e
SCHOOL SITE �"� •4e's .
�n VER MID10.
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Meeting Date:
Subject:
CHESTERFIELD COUNT'
BOARD OF SUPERVISORS
AGENDA
Item Number: 8 • C. 11
January 24, 1996
State Road Acceptance
County Administrator's Comments:
County Administrator:
BoardAction Requested:
Summary of Information:
BERMUDA:
v IL 1f
Page I—of-2—
Carver Middle School Bus Loop
DALE:
J. G. Henning Elementary School Bus Loop
Jacobs Road Elementary School Bus and Student Drop Off Loop
MATOACA:
Bailey Bridge Middle School Access Road, Bus, and Student Drop Off
Loop
Bayhill Pointe, Section 1
Evergreen Elementary School Bus and Student Drop Off Loop
Preparer: I'Awt"z Title: Director, Environmental Engineeri:
Richard M. cElfish, P.E.
# 0611
Attachments: ■ Yes F] No
4 —..
CHESTERFIELD COUNTY
BOARD OF SUPERVISORS
AGENDA
Summary of Information: (Continued)
MATOACA (continued):
Manchester High School Bus and Student Drop Off Loop
River Ridge, Section D
Page 2_ OIL -
Thelma Crenshaw Elementary School Bus and Student Drop Off Loop
MIDLOTHIAN:
Betty Woodson Weaver Elementary School Bus and Student Drop Off Lo
Salisbury, Hatfield Section, Phase 3
West Koger Center Boulevard
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JACoBS
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TO: Board of Supervisors
FROM: Environmental Engineering
SUBJECT: State Road Acceptance - Bayhill Pointe, Section 1
MEETING DATE: January 24, 1996
Battlecreek Drive
Hillcreek Drive
Bay Knolls Trail
Bay Knolls Terrace
Bay Knolls Court
Hillcreek Terrace
Hillcreek Place
Hillcreek Court
BAYHILL POINTE, SECTION 1
C! opo
IL
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( 46AYH/1.It-
Vicinity Map
067
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TO:
FROM:
DATE:
MEETING DATE:
M
M
Board of Supervisors
Environmental Engineering
State Road Acceptance - River Ridge, Section D
January 24, 1996
Riverpark Way
Riverpark Terrace
RIVER RIDGE SECTION D
on
C, G
VICINITY SKETCH
Q ypy
070
0-72
TO: Board of Supervisors
FROM: Environmental Engineering
SUBJECT: State Road Acceptance - Salisbury, Hatfield Section, Phase
3
MEETING DATE: January 24, 1996
Kenmount Drive
Helmsley Road
SALISBURY, HATFIELD SECTION,
Pu A CF I
073
9
TO: Board of Supervisors
FROM: Environmental Engineering
DATE: State Road Acceptance - West Koger Center Boulevard
MEETING DATE: January 24, 1996
West Koger Center Boulevard
X1T1QcT Vnr-lPu r 1PVTFR TInTTT .F.VART)
074
Meeting Date:
Subject:
CHESTERFIELD COUNTY
BOARD OF SUPERVISORS Page 1 AGENDA of 1
January 24, 1996 Item Number: 8 . C. 12 . a.
Request for Bingo/Raffle Permits
County Administrator's Comments:
County Administrator: N
BoardAction Requested:
Approval of Bingo/Raffle Permits
Summary of Information:
The County Attorney's Office has reviewed the following application for bingo/raffle permits
and has determined that the application meets all statutory requirements:
Organization Type Year
Chester Rotary Club Raffle 1996
Every Wednesday
9130 Jefferson Davis Hwy
Preparer:
Attachments: 1-1 Yes
■ No
Title: County Attorney
1205:389.57
4 --.
�o
` aa� It
��%
9-.C.,
r CHESTERFIELD COUNT
BOARD OF SUPERVISORS Page 1 of 1
AGENDA
Meeting Date: January 24, 1996 Item Number: 8 • C • 12. b.
Subject:
Request for Bingo Permit - St. Michael's Episcopal School PTA
Countv Administrator's Comments:
,Pe c o m*w*� -Q
pp�
County Administrator:
BoardAction Requested:
Approval of Bingo Permit
Summary of Information:
St. Michael's Episcopal School PTA's application for a raffle drawing to be held at
8706 Quaker Lane on Saturday, May 4, 1996, was forwarded to the Commonwealth Attorney's
Office for review due to a potential conflict of interest in the County Attorney's Office. The
County Attorney has a child who is a student at St. Michael's Episcopal School. The
Commonwealth Attorney's Office has reviewed the application and has determined that it
meets all of the statutory requirements.
Preparer•
A�jj� Title:
Steven L. Micas
Attachments: F]Ye s E No
County Attorney
1205:389.56 #
0'76
S'-.0 .I3 a
CHESTERFIELD COUNTY
BOARD OF SUPERVISORS 4-
AGENDA Page 1 of 1
Meeting Date: January 24, 1996 Item Number: 8 • C .13 . a .
Subject: Acceptance of a Parcel of Land along Genito Road (State Route
604) from Alpheus Development Corporation, A Virginia Corporation
County Administrator's Comments:
Pec om*wu+d af�� vu,L .
�J au
County Administrator:
Board Action Requested: Staff recommends that the Board of Supervisors
accept the conveyance of a parcel of land containing 0.068 acres along
Genito Road (State Route 604) from Alpheus Development Corporation, a
Virginia Corporation, and to 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• -Z-J,
ohn W. Harmon
Attachments: = Yes No
Title: Right of Way Manager
# 07 7
/7
VICINITY SKETCH
ACCEPTANCE OF A PARCEL OF LAND ALONG GENITO ROA (STATE ROUTE 604)
FROM ALPHEUS DEVELOPMENT CORPORATION A VIRGINIA CORPORATION
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Date: /P_ �5 C,OU177Y OF- C/`/A557J5e /,EL4'0
Mctoaaa .bistr'iCt
Scale: /-50' Chir, f/eld County, Uir-g/nia
Job No.:/95-0179
. PLANNERS • ARCHITECTS • ENGINEERS • SURVEYORS •
501 Branchway Road • Suite 100 • Richmond, Virginia 23236.794-0571 • Fax 794-2635
1514 East Parham Road • Richmond, Virginia 23228.262-6046 • Fax 264-3037
c�
Maris B. Beall
No. 1613
w
C.i3
CHESTERFIELD COUNTY
BOARD OF SUPERVISORS 4)
AGENDA Page 1 of 1
Meeting Date: January 24, 1996 Item Number: 8. C .13 . b.
Subject: Acceptance of a Parcel of Land along Branchway Road (State Route
645) from Robert V. Katherman and Donald J. Balzer, Jr.
County Administrator's Comments:
County Administrator:
Board Action Requested: Staff recommends that the Board of Supervisors
accept the conveyance of a parcel of land containing 0.0723 acres along
Branchway Road (State Route 645) from Robert V. Katherman and Donald J.
Balzer, Jr., 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: Midlothian
Preparen Z •
ohn W. Harmon
Attachments: M Yes No
Title: Right of Way Manager
I iw VICINITY SKET
ACCEPTANCE OF A PARCEL OF LAND ALONG BRANCHWAY ROAD (STATE ROUTE
645) FROM ROBERT V KATHERMAN AND DONALD J BALZER JR
081
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No. 1613
o4
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Date: `%-2/-ols 6.0o724 Acre FRsr-ce/ � tle dedicated
Scale: /'I = /oo -fa chesterfield Cour1t9
/►'Jid/o-th/a h O�Siri'G�'
Job No.: 01-111Z-4 (fhesferF'e%l Courts, Vrqir7/a
° PLANNERS • ARCHITECTS• ENGINEERS• SURVEYORS•
501 Branchway Road • Suite 100 • Richmond, Virginia 23236.794-0571 •'Fax 794-2635
11038 Lakeridge Parkway • Suite 1 • Ashland, Virginia 23005 • (804) 550-2888 • Fax (804) 550-2057
Meeting Date:
Subject:
CHESTERFIELD COUNTY
BOARD OF SUPERVISORS
A(-F.NnA
January 2,4, 1996
Item Number:
Page -1-of--2-
8. C. 14
of--2-
8.C.14.
Consideration of Waiver of County's Right to Repurchase a Parcel in the Airport Industrial
Park
County Administrator's Comments:
<j County Administrator: 4
BoardAction Requested:
Waive right to repurchase parcel in Airpark owned by George and Norma Kcraget.
Summary of Information:
The restrictive covenants in the Airport Industrial Park ("Airpark") require construction
to commence on a parcel purchased from the County within one year from the date of
purchase. In the event construction does not commence within that year, the covenants
provide the County with a right to repurchase the parcel at the original sales price. The
County may exercise the right to repurchase at anytime, without limitation, after the first year
has expired.
In 1987, George K. and Norma J. Kcraget purchased 2.358 acres on Virginia Pine
Court in the Airpark, but did not commence construction on the parcel until 1990 when they
constructed a building which is used for cabinet making. Accordingly, the County has the
right to repurchase the property, even though the building was ultimately completed. The
construction of the building was financed by a deed of trust on the property held by First
Union Bank.
(Continued)
Preparers'� f �1�n Title:
P14 S ven L. Micas
Attachments: E]Yes ■ No
County Attorney
0607:12422.1
083
0� .—
CHESTERFIELD COUNTY
BOARD OF SUPERVISORS
AGENDA
Summary of Information: (Continued)
Page z of 2
The County Bank of Chesterfield acquired from First Union the note and deed of trust
on this parcel, but in order to clear up any cloud on title, has requested the County to waive
its right to repurchase this parcel provided by the covenants due to the delayed construction
of the building.
Staff recommends that the County waive the right to repurchase this parcel. Economic
Development staff does not have any interest in acquiring this parcel, and staff thinks that
it was the intent of the County under this provision to preserve a right to repurchase a
parcel in the Airpark at the original sales price only if construction never commences, not
to repurchase a parcel after delayed construction has been completed.
0607:12422.1
Meeting Date:
Subs ect:
CHESTERFIELD COUNTY
BOARD OF SUPERVISORS
AGENDA
January 24, 1996
Page i of 1
Item Number: 8 • C. 15 .
Consider approving the Automatic Interjurisdictional Firefighting -Aid Agreement between the
County and the City of Colonial Heights.
County Administrator's Comments:
R ef e G Aat,
County Administrator:
BoardAction Requested:
Staff recommends that the Board of Supervisors approve the Automatic Interjurisdictional
Firefighting -Aid Agreement between the County and the City of Colonial Heights.
Summary of Information:
The County already has Mutual Aid Agreements with the City of Colonial Heights
which provide that the localities will endeavor to provide firefighting and emergency services
support to one another. Those agreements were entered into in 1981 and 1988, respectively.
The Automatic Aid Agreement with Colonial Heights is to allow the County and Colonial
Heights to automatically provide firefighting and emergency services to the other in specified
areas of Colonial Heights and the County.
In 1984, the County executed a similar Automatic Interjurisdictional Firefighting -Aid
Agreement with the City of Petersburg.
The Colonial Heights City Attorney's Office has informed Staff that the form of the
contract is acceptable and that he will recommend that the Agreement be presented to the
City Council for approval at the February 13, 1996 council meeting.
The Fire Department requests that the effective date of the Agreement be January 1,
1996.
Preparer: v Title:
'( even L. Micas
Attachments: E Yes F-1 No
County Attorney
1514:12575.1
# 085
4 ...
FIREFIGHTING -AID AGRE' EMENT
T Agreement, made and entered into th
s 1st day of January, 1996, by and
between the COUNTY OF CHESTERFIELD, VIRGINIA, a political subdivision of
the Commonwealth of Virginia, hereinafter referred to as the "County", and THE CITY
OF COLONIAL HEIGHTS, VIRGINIA, a municipal corporation of the Commonwealth
of Virginia, hereinafter referred to as the "City".
WHEREAS, it has been determined that the provision of emergency services
across jurisdictional lines in emergencies will increase the ability of the parties to
preserve the health, safety and welfare of the citizens within the County of Chesterfield
and the City of Colonial Heights; and
WHEREAS, Section 44-146.20 of the Code of Virginia, 1950, as amended,
authorizes local governments to establhsh and carry into effect a plan to provide mutual
firefighting aid; and
WHEREAS, it is deemed mutually beneficial to the County and the City to
enter into an agreement concerning automatic response for interjurisdictional aid for
fires and emergencies within the area defined herein.
WITNESSETH:
For and in consideration of the mutual benefits to be derived by the County
and the City, the parties hereby covenant and agree as follows:
1. The County and the City will endeavor to provide emergency services
support to the County and the City within the terms of this Agreement.
2. The County shall provide an adequately staffed aerial ladder company,
from Company No. 12 (Ettrick) and the City shall provide an adequately staffed engine
company that meets the County's response criteria from the closest available station
on an automatic response basis for all structural fires or emergencies needing advanced
life support services, basic life support services, and/or emergency medical services
which may occur in the area defined by the attached Exhibit "A".
3. In the event that the number of responses by one party exceeds the
number of responses by the other party by an amount of 10%, the parties may agree
Wl
t,i redefine the defined res cgr- area
P
occur.
i►e types of incidents to which response will
4. Nothing in this Agreemel rquires either party to respond in accordance
with this Agreement when the fire or emergency apparatus of that jurisdiction is
already in use or committed to another use.
S. Neither party to this Agreement shall be liable to the other party hereto
for any personal injury or death to emergency services sapport personnel or any loss
or damage to equipment resulting from the performance of any services under this
Agreement, whether such loss, damage, injury or death shall occur within or without
the jurisdictional boundaries of the respective parties hereto and including loss, damage,
injury or death incurred when going to or returning from another jurisdiction to
provide services in accordance with this Agreement.
r
6. The services performed and expenditures made under this Agreement shall
he deemed for public and governmental purposes and all immunities from liability
enjoyed by the local government within its boundaries shall extend to its participation
in rendering emergency assistance outside of its boundaries. It is understood that for
the purposes of this Agreement, the responding party is rendering aid during its travel
to and from the emergency as well as while at the scene of the emergency.
7. Each party receiving assistance under the terms of this Agreement agrees
to pay the actual cost of specialized agents such as foam, light water, etc., or other
expended consumable supplies, which are used in providing emergency services within
its jurisdiction.
K. Each party to this Agreement shall establish procedures which give timely
notice to the other jurisdiction of the occurrence and location of an emergency.
9. The personnel of either party rendering assistance to the other party
under this Agreement shall render such assistance under the direction of the
appropriate official designated by the requesting jurisdiction; provided, however, the
personnel of any party rendering such assistance shall not be obligated to perform any
tasks or procedures which are not in accordance with the policies of the party
rendering assistance or the directions of the supervising officers of such personnel.
1514:12239.1 2 087
10. All pension, rely., .,,,ability, worker's compensations and other benefits
available to employees of the parties shall extend to the services they perform under
this Agreement.
11. The parties to this Agreement recognize that they are each fully capable
of providing independent services to adequately provide service within their respective
political subdivisions.
12. This cooperative Agreement is entered into in furtherance of the policies
set forth in Section 15.1-1041 (bl) (v) of the Code of Virginia, 1950, as amended, and
shall be without prejudice to either party.
13. This Agreement overrules and supersedes all prior Agreements between
the parties concerning automatic aid, but specifically does not supersede the mutual aid
agreement between thearties. The
p parties agree to be bound by the terms of this
r
Agreement and the terms and conditions stated herein.
14. This Agreement may be amended or modified by the written consent of
all of the parties hereto. Any party to this Agreement may withdraw from the terms
of this Agreement at any time by giving thirty (30) days written notice to that effect
to the other party hereto.
IN WITNESS whereof, the parties hereto have executed this Agreement as of
the date first above written.
COUNTY OF CHESTERFIELD, VIRGINIA
By: a&w xL4,--7
Lane B. Ramsey
—
County Administrator
Approved as to form:
Steven L. Micas
County Attorney
CITY OF COLONIAL HEIGHTS, VIRGINIA
By:
Robert E. Taylor
City Manager
Approved as to form:
F. McCoy Little
City Attorney
(189
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Meeting Date:
Subject:
CHESTERFIELD COUNT'
BOARD OF SUPERVISORS
AGENDA 8 , c . 16 .
Item Number:
January 24, 1996
Abandonment of School Bus Loop
County Administrator's Comments:
,fe a
County Administrator: LIZ
BoardAction Requested:
Summary of Information:
DALE:
Page 1 of 1
J. G. Henning Elementary School Bus Loop
Preparers -fAC 'picibeector, Env
Richard M.44cElfish, P.E.
Attachments: ■ Yes F] No
4 ...
9
v:IJL
Meeting Date:
Su._ bLect:
CHESTERFIELD COUNT T
BOARD OF SUPERVISORS
January 24, 1996 AGENDA
Page 1 of 1
Item Number: 8. C. 17.
Consideration of a Police Mutual Aid Agreement with Colonial Heights, Hopewell, Petersburg
and Prince George
County Administrator's Comments:
k'eLoo4w-AZ,e
County Administrator: L�
BoardAction Requested:
Authorize the County Administrator to execute a Police Mutual Aid Agreement with Colonial
Heights, Hopewell, Petersburg and Prince George, in a form that is approved by the County
Attorney
Summary of Information:
Chesterfield has been involved in discussions with Colonial Heights, Hopewell,
Petersburg and Prince George for a police mutual aid agreement. The agreement provides
that a locality may request the assistance of another locality's police personnel or equipment.
The locality to which the request is made has the discretion to respond or not. If personnel
or equipment are furnished, they will remain under the ultimate control of the responding
jurisdiction. The County is presently a party to a similar agreement with the City of
Richmond and the County of Henrico.
Chief Pittman has been involved in the discussions with the other localities and
supports the agreement. He does not anticipate that any additional funding for personnel
or equipment will be necessary as a result of entering into this agreement.
It is requested that the Board authorize the County Administrator to execute the
mutual aid agreement on behalf of the County. The governing bodies of the other
jurisdictions are being askedtotake the same action requested here.
1
Preparers � Title: County Attorney
Steven L. Micas 1314:12232.1
Attachments: F]Yes ■ No
9� ..
Meeting Date:
Subject:
K Lo
CHESTERFIELD COUNIT
BOARD OF SUPERVISORS
AC:F,NnA
j anuary 2.4, 1996
Item Number:
Approve Documents Related to Establishing a School Retirement System
County Administrator's Comments:
County Administrator:
BoardAction Requested:
Approve documents establishing the School Board Retirement System
Summary of Information:
Page 1 of
On June 28, 1995 the Board of Supervisors authorized the School Board to establish a
Governmental Qualified Deferred Income Payment Plan and Trust Fund ('Retirement System")
for School Board employees on the condition that the Retirement System documents were
subsequently approved by the Board. This Retirement System replaces a pre-existing Early
Retirement Incentive Program that the School Board adopted in 1988. There is no cost to
the County to establish or operate the Retirement System, and approval of these documents
does not constitute a financial liability to the County. The cost of the program is included
in the School Board Budget.
The documents which establish the Retirement System have been completed and are attached
for approval by the Board. Attached are 1) a plan application to the IRS, 2) an Investment
Policy which will govern the investment of retirement funds by the investment manager of
the Retirement System, and 3) a Trust Agreement with Crestar Bank for administration of
the retirement funds.
Preparer:
'"'ontinued)
Attachments:
■ Yes F1
No
Title: Deputy County Attorney
0607:12643.1
# 093
4 ._.
CHESTERFIELD COUNTY
BOARD OF SUPERVISORS Page 2 of
AGENDA
Summary of Information: (Continued)
The IRS plan application was prepared with the assistance of the School Board's consultant,
Mercer Investment Consulting, Inc., and has also been reviewed by the School Board's
attorney, Mr. D. Patrick Lacy, the County Attorney's office, the Treasurer' Office, and the
Department of Budget & Management.
The Investment Policy was jointly developed by the School Board's Investment Advisory
Committee and Mercer. The Investment Policy governs how investment managers for the
fund develop and implement investment programs. Although the Policy allows for greater
liquidity, growth and risk than is possible under the strict rules that generally govern the
investment of public funds, the Policy is consistent and competitive with other similar
retirement funds, both public and private. The Policy also provides for the investment
managers' responsibility and liability for adhering to the Policy requirements. The Investment
Policy has been reviewed and approved by the School Board, the Treasurer, and Budget &
Management. Likewise, the Trust Agreement has been reviewed and approved by the School
Board, the County Attorney's Office, and Budget & Management. Staff recommends approval
of the Retirement System documents.
0607:12643.1
REVISED 1/16/96
EMPLOYEE RETIREMENT PLAN TRUST AGREEMENT
THIS AGREEMENT and DECLARATION OF TRUST made as of the
day of January, 1996, by and between THE CHESTERFIELD COUNTY SCHOOL
BOARD (hereinafter referred to as "School Board"), a corporate body
created under the laws of the Commonwealth of Virginia and CRESTAR
BANK (hereinafter referred to as "Trustee").
WITNESSETH:
WHEREAS, the School Board did on May 23, 1995, adopt a
resolution to the Chesterfield County Board of Supervisors
requesting authorization to establish an employee retirement plan,
which is hereinafter referred to as the "Plan", and
WHEREAS, the Chesterfield County Board of Supervisors did on
June 28, 1995, pursuant to Code of Virginia, Section 51.1-801,
adopt a resolution authorizing the School Board to establish and
administer the Plan for the benefit of School Board employees, and
WHEREAS, the School Board desires that the Trustee hold and
administer certain assets pursuant to the terms of this agreement.
NOW, THEREFORE, in consideration of the mutual covenants
herein contained the parties hereto, intending to be legally bound
hereby, agree with each other as follows:
ARTICLE I ESTABLISHMENT, AMENDMENT AND TERMINATION OF THE TRUST
Section 1.1 The School Board hereby establishes with Trustee
a trust consisting of such sums as shall from time to time be paid
to Trustee under the Plan and such earnings and appreciation as may
accrue thereon which, less payments made by Trustee to carry out
1
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the purpose of the Plan, are referred to hereinafter as the "Fund".
Section 1.2 Trustee shall receive and accept all such sums
paid to it by the School Board in accordance with the Plan. The
School Board through its Investment Manager(s) duly appointed
pursuant to Article IV, Section 4.2 of this Agreement, shall have
exclusive authority and discretion to manage and control such sums,
together with the earnings and appreciation thereon, for the
exclusive purpose of providing benefits to Participants and their
beneficiaries and defraying reasonable expenses of administering
the Plan, and, except as provided in Section 1.5, no assets of the
Plan shall inure to the benefit of the School Board.
Section 1.3 The Trustee shall pay benefits and expenses from
the Fund only upon the direction of the School Board' and to the
extent Trustee follows such directions it shall be fully protected
in so doing unless it knows or should know that such directions are
improper.
Section 1.4 The School Board may amend or terminate this
agreement at any time; provided that no amendment shall increase
the duties or liabilities of Trustee without Trustee's consent, and
no termination or amendment shall divert any part of the Fund to
any purpose other than for the exclusive purpose of providing
benefits to Participants and their beneficiaries and defraying
reasonable expenses of administering the Plan. In the event of
' Section 402 of the Employee Income Security Act of 1974
requires that the written instrument under which the plan is
established shall provide for one or more named fiduciaries who
joint or severally shall have authority to control and manage the
operation and administration of the plan.
2
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termination, the Fund shall be applied in accordance with the Plan.
Section 1.5 The provisions of Section 1.2 to the contrary
notwithstanding, contributions by the School Board made under the
Plan or current market value of contributions if lesser, shall be
returned to the School Board under the following conditions:
(a) In the case of a contribution which is made by a mistake
of fact, such contribution shall be returned to the School Board
within one year of the payment of such contribution.
(b) Contributions to the Plan are specifically conditioned
upon the deductibility of such contributions under section 404 of
the Internal Revenue Code of 1986, and to the extent any deduction
is disallowed, shall be returned to the School Board within one
year after the disallowance of the deduction. Contributions which
are not deductible in the taxable year in which made but are
deductible in a subsequent taxable year shall be considered to be
disallowed for purposes of this subsection.
(c) Contributions to the Plan are specifically conditioned on
continued qualifications of the Plan under section 401(a) of the
Internal Revenue Code of 1986, and if the Plan is found not to so
qualify, contributions made in respect of any period subsequent to
the effective date of the disqualification shall be returned to the
School Board within one year after the denial of such
qualification.
(d) In the event the Plan is terminated, any residual assets
which are not attributable to employee contributions shall be
distributed to the School Board if all liabilities of the Plan to
3
097
Participants and their beneficiaries have been satisfied and the
distribution does not contravene any provisions of law.
ARTICLE II INVESTMENTS OF THE FUND
Section 2.1 Trustee shall have no discretion regarding the
investment of the Fund, but shall be required to follow the
direction of the Investment Manager(s) appointed pursuant to the
provisions of Article IV, Section 4.2 of this agreement unless the
Trustee knows or should know that such direction is improper.
Section 2.2 In addition to the powers given by law, Trustee
shall cause investments in the Fund to be registered in its name as
Trustee or the name of its nominee or to retain them unregistered
or in form permitting transfer by delivery, but the books and
records of Trustee shall at all times show that all such
investments are part of the Fund. The Trustee is empowered to keep
liquid assets invested in compliance with the School Board's
Investment Policy (Attachment A).
Section 2.3 The School Board shall supply to Trustee a
current list of parties in interest with whom Trustee is likely to
have dealings, including, but not limited to, other banking
institutions, security dealers and investment advisors.
ARTICLE III TRUSTEE'S DUTIES AND RESPONSIBILITIES
Section 3.1 Trustee shall keep full and accurate accounts of
all receipts, investments, disbursements and other transactions
hereunder, including such specific records as may be agreed upon in
writing between the School Board and Trustee. All such accounts,
books and records shall be open to inspection and audit at all
4
(?"8
reasonable times by any authorized representative of the School
Board or of the School Board's Investment Advisory Committee
(hereinafter referred to as "Committee"). All such records shall
be maintained in accordance with the Virginia Public Records Act,
where applicable, and as a minimum the retention of records will
adhere to the Library of Virginia Records Retention and Disposition
Schedule, General Schedule No. 2.
Section 3.2 Within 120 days after each Plan Year, Trustee
shall file with the Committee an account of the administration of
the Fund showing all transactions affected by Trustee subsequent to
the period covered by the last preceding account to the end of such
Plan Year, and showing all property held at its fair market value
at the end of the period accounted for, as determined by the
application of standard valuation procedures customarily used by
Trustee in its trust operations. Neither the School Board, the
Committee nor any other person shall be entitled to any further
accounting by Trustee unless deemed necessary by the School Board
in order to comply with regulations or legislation applicable to
the governance of School Board operations.
Section 3.3 Trustee shall not be liable for the acts or
omissions of the Investment Manager(s) unless Trustee participates
knowingly in, or knowingly undertakes to conceal, an act or
omission of such Investment Manager, knowing such act or omission
is a breach of such Investment Manager's fiduciary duty, or be
under an obligation to invest or otherwise manage any asset of the
Plan which is subject to the management of such Investment Manager.
5
0.-99
The powers and duties of such Investment Manager shall be limited
to the investment and reinvestment of such of the Plan's assets as
may be assigned to him and shall not include any other trustee
responsibilities in respect of such assets.
For purposes of this Section, the term "Investment Manager"
shall mean the person or entity appointed pursuant to specific
provisions of the Plan
(a) who has been granted the power to manage, acquire or
dispose of any asset of the Plan;
(b) who is
(i) registered as an investment advisor under the
investment Advisors Act of 1940;
a bank, as defined in that Act; or
(iii) an insurance company qualified to perform the
services described in (a) above under the laws of
more than one state; and
(c) has acknowledged in writing that he is a fiduciary with
respect to the Plan.
Section 3.4 It is specifically agreed that custody,
safekeeping, purchase, sale, valuation and any other required
actions concerning gold coins or any other monetary or precious
tangibles which may constitute a portion of this trust shall be the
sole responsibility of the Plan Administrator or School Board and
not the Trustee. The Trustee shall have no duties with regard to
such assets, and it is agreed that the Trustee shall perform no
services for such assets. It is the specific intent of this clause
0
4 (�()
to allocate fiduciary responsibility for such investments solely to
the Plan Administrator or in accordance with ERISA Section 405(c).
ARTICLE IV OTHER PROVISIONS CONCERNING TRUSTEE
Section 4.1 Whenever Trustee must act upon the direction or
approval of the School Board, Trustee may act upon written
communication signed by any person so designated under the
provisions of the Plan or by any agent appointed in writing by the
School Board to act on its behalf, whose authority shall be deemed
to continue until revoked in writing. The Trustee shall incur no
liability for failure to act without such a communication.
Section 4.2 The School Board shall notify Trustee in writing
as to the appointment of the Committee and Investment Manager, and
shall further notify Trustee in writing in the event of any change.
Proper notification for the appointment of Committee members will
be a true copy of the School Board minutes effecting such
appointment and for the Investment Manager will be a properly
executed and legally binding contract between the School Board and
Investment Manager(s). Upon receipt of such notification, Trustee
shall be fully protected in acting upon the direction of, or
dealing with, such Committee or Investment Manager unless the
Trustee knows or should know that such direction is improper.
Trustee shall have no duty to inquire into the qualifications of
such Committee or Investment Manager, but may rely on The School
Board's certification of same.
Section 4.3 Trustee shall not be required to determine the
facts concerning the eligibility of employees, their identities,
7
101
the amount of benefits payable to a Participant, or the date or
method of payment or disbursement, but shall be entitled to rely
solely upon the written advice and directions of the School Board
as to any question of fact.
Section 4.4 Trustee shall receive such compensation as is from
time to time agreed upon by the School Board. Trustee's
compensation, all un -reimbursed expenses of the Fund, taxes and
other items not payable out of Trustee's compensation shall be paid
from the Fund unless paid directly by the School Board.
Section 4.5 Trustee need not engage in litigation unless the
litigation is occasioned by the fault of Trustee or involved a
question of fault.
Section 4.6 Trustee may resign by written notice to the School
Board which shall be effective 120 days after delivery unless
Trustee and the School Board agree to an alternate effective date.
Trustee may be removed by the School Board upon written notice to
Trustee which shall be effective 60 days after delivery unless
Trustee and the School Board agree to an earlier date. Upon
resignation or removal, Trustee shall deliver to its successor as
soon as it is notified in writing by the School Board that a
successor has been named, any and all property of the Fund and
records pertaining to its administration as it may have in its
possession or custody.
ARTICLE V CONCERNING INSURANCE COMPANIES
Section 5.1 Should Trustee purchase life insurance or annuity
contracts from an insurance company, the insurance company shall
8
102
not be deemed a party to this Agreement. A certification in
writing by the Trustee as to the occurrence of any event
contemplated by this Agreement or the Plan shall be conclusive
evidence thereof and the insurance company shall be protected in
relying upon such certification and shall incur no liability for so
doing. With respect to any action under any such contract, the
insurance company may deal with Trustee as sole owner thereof and
need not see that any action of Trustee is authorized by this
Agreement or the Plan. Any change made or action taken by an
insurance company upon the direction of Trustee shall fully
discharge the insurance company from all liability with respect
thereto, and it need not see to the distribution or further
application of any monies paid by it to Trustee or paid in
accordance with the direction of Trustee.
ARTICLE VI NON -APPROPRIATION
Section 6.1 In the event that the Chesterfield County Board of
Supervisors does not provide funding appropriation to the School
Board to permit the funding of the Plan for any County fiscal year
during which this Agreement is in effect, then any future
obligations of either party to this contract shall, as determined
by the School Board and communicated to the Trustee in writing, be
limited to the available resources of the Trust. Trustee shall
ensure that defined benefit payments, net of Trustee fees, be
continued and completed on a full or prorated basis as directed in
writing by the School Board within the limits of the available
Trust resources. If the non -appropriation condition still exists
0
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at the completion of such payments, this contract shall become null
and void and shall be terminated under the provisions of Sections
1.4 and 1.5(d) of this agreement.
ARTICLE VII RECORDS AND INSPECTION
Section 7.1 The Trustee shall maintain full and accurate
records with respect to all matters covered under this Agreement
including without limitation accounting records, written policies
and procedures, and any other supporting evidence necessary to
substantiate charges related to this Agreement.
Section 7.2 The Trustee's records shall be open to inspection
and subject to audit and/or reproduction, during normal working
hours, by the School Board and its employees, agents or authorized
representatives to the extent necessary to adequately permit
evaluation and verification of any invoices, payments or claims
submitted by the Trustee pursuant to this Agreement.
Section 7.3 The School Board shall have access to such records
from the effective date of this Agreement, for the duration of the
Work, and until five (5) years after the date of final payment by
the School Board to the Trustee pursuant to this Agreement. To the
extent that this Agreement lasts for a period longer than five (5)
years, then School Board access to such records will continue until
such time as such records are disposed of in accordance with the
Virginia Public Records Act.
Section 7.4 The School Board's employees, agents or authorized
representatives shall have access to the Trustee's facilities,
shall have access to all necessary records, and shall be provided
10
104
adequate and appropriate work space, in order to conduct audits in
compliance with this Article VII. The Trustee shall be responsible
for ensuring that a provision substantially identical to this
Article is placed in any subcontract that the Trustee enters into
for any portion of the Work, so as to ensure the School Board's
right to audit the subcontractor's records.
ARTICLE VIII NON-DISCRIMINATION PROVISION
Section 8.1 During the performance of this Agreement, the
Trustee agrees as follows:
(a) The Trustee will not discriminate against any employee or
applicant for employment because of race, religion, color, sex or
national origin, or handicap, except where religion, sex or
national origin is a bona fide occupational qualification
reasonably necessary to the normal operation of the Trustee. The
Trustee agrees to post in conspicuous places, available to
employees and applicants for employment, notices setting forth the
provisions of this nondiscrimination clause.
(b) The Trustee, in all solicitations or advertisements for
employees placed by or on behalf of the Trustee, will state that
the Trustee is an equal opportunity employer.
(c) Notices, advertisements and solicitations placed in
accordance with federal law, rule or regulation shall be deemed
sufficient for the purpose of meeting the requirements of this
section.
Section 8.2 The Trustee shall include the provisions of the
foregoing paragraphs (a), (b), and (c) in every subcontract or
11
105
purchase order over $10,000 so that the provisions will be binding
upon each subcontractor or vendor.
ARTICLE IX MISCELLANEOUS PROVISIONS
Section 9.1 Unless the context of this Agreement clearly
indicates otherwise, the terms defined in the Plan shall, when used
herein, have the same meaning as in the Plan.
Section 9.2 The benefits, payments or proceeds of any
allocated or un -allocated portion of the assets of the Fund, any
interest of any Participant or beneficiary arising out of or
created by the Plan, either before or after the Participant's
retirement, shall not be subject to execution, attachment,
garnishment or other legal or judicial process whatsoever by any
person, whether creditor or otherwise, claiming against such
Participant or beneficiary. Such Participant or beneficiary shall
have no right to alienate, encumber or assign any of the payments,
proceeds or any other interest arising out of or created by the
Plan and any action purporting to do so shall be void. The
provisions of this Section shall apply to the creation, assignment,
or recognition of the right to any benefit payable with respect to
Domestic Relations Order, unless such order is determined to be a
Qualified Domestic Relations Order as defined in Section 414(p) of
the Internal Revenue Code of 1986.
Section 9.3 Nothing in this Agreement or in the Plan shall
require the School Board to retain any employee in its employ.
Section 9.4 Any person dealing with the Trustee may rely upon
a copy of this Agreement and any amendments thereof certified to be
12
4
true and correct be Trustee.
Section 9.5 Trustee acknowledges receipt of a copy of the
Plan; and the School Board will cause a copy of any amendment to
the Plan to be delivered to the Trustee.
Section 9.6 The Trustee and School Board agree that this
Agreement shall be deemed to have been made in Virginia and that
the validity and construction of this Agreement shall be governed
by the laws of the Commonwealth of Virginia, except to the extent
that such laws have been specifically superseded by the Employee
Retirement Income Security Act of 1974. Any legal action arising
out of the alleged performance, non-performance or breach of this
Agreement shall be instituted and prosecuted in the Circuit Court
of the County of Chesterfield, Virginia, and in no other state or
federal court or agency unless specifically superseded by law to be
heard in another jurisdiction.
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement as of the day and year first above written.
By:
Approved as to form:
uepuzy c;ounry ArZorney
ATTEST:
CHESTERFIELD COUNTY SCHOOL BOARD
R. Larry Johns
Assistant Superintendent For Finance
CRESTAR BANK
By:
13
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9
EARLY RETIREMENT INCENTIVE PLAN FOR EMPLOYEES
OF CHESTERFIELD COUNTY SCHOOLS
STATEMENT
OF
INVESTMENT POLICY
December 8, 1995
DRAFT #2
TABLE OF
PAGE
I.
Purpose ..............................................
1
II.
Responsibilities .........................................
2
III.
Investment Objective ......................................
6
IV.
Asset Structure .........................................
7
V.
Investment Guidelines ....................................
8
VI.
Performance Standards ..................................
17
VII.
Investment Administration ................................
19
109
1. PURPOSE L_ � A
The purpose of this document is to define the investment policy for the Early Retirement Incentive
Plan for Employees of Chesterfield County Schools ("Fund"). It will identify a set of investment
objectives, guidelines and performance standards for the assets of the Fund. The objectives are
formulated in response to the following:
the anticipated financial needs of the Fund;
consideration of risk tolerance; and
• the need to document and communicate objectives, guidelines and standards to the
investment manager(s).
This Statement of Investment Policy represents the formal document for the investment of the
Fund assets and is to be communicated to the investment manager(s) for their use in developing
an appropriate investment program. This document will also be used as the basis for future
measurement and evaluation of investment performance by the Investment Advisory Committee
("Committee") and their investment advisors.
Upon recommendation of the Committee, the School Board ("Board") may grant exceptions to this
Statement of Investment Policy for individual investment manager(s). Any such exceptions shall
be in writing, signed by an authorized representative of the Board.
Definitions:
"Board" Chesterfield County School Board
"Committee" Investment Advisory Committee appointed by the Board
"Fund" Early Retirement Incentive Plan for Employees of Chesterfield County Schools
Early Retirement incentive Plan - Chesterfield County
Statement of investment Policy
DRAFT #i2 Page 1
110
IL RESPONSIBIU- S 4,
The primary investment responsibilities of the Board and the Committee are:
Board
■ establish a sound and consistent investment policy including asset allocation,
diversification and quality guidelines;
■ selecting and maintaining qualified investment manager(s) and consultants;
■ taking action under appropriate circumstances to discharge an investment manager
or advisor for failing to perform in terms of stated expectations or to abide by this
Statement of Investment Policy
Committee
■ as a primary objective, to ensure that sufficient assets are available to provide the
benefits for Fund members or beneficiaries at the time they are payable;
■ as a secondary objective, to achieve an optimum level of return within specified risk
tolerances;
■ to do so effectively and prudently (as stated in §51.1-124.30.G. of the Code of Virginia),
in full compliance with any applicable laws and regulations as presently stated or as
they may be amended in the future.
■ complying with applicable laws, regulations and rulings appropriate thereto;
■ communicating clearly the major duties and responsibilities of those accountable for
achieving investment results and to whom specific responsibilities have been
delegated;
■ monitoring and evaluating results to ensure that policy guidelines are being adhered
to and that policy objectives are being met;
■ undertaking such work and studies as may be necessary to keep the Board
adequately informed as to the status of Fund assets, including the oversight of the
annual independent audit.
Working papers will be retained for at least seven (7) years and will be available for examination
by authroized representatives of cognizant federal and state agencies as well as by the
authorized representatives of the Board and the County of Chesterfield.
Early Retirement incentive Plan - Chesterfield County
Statement of Investment Policy
DRAFT #2 POW 2
ill
11. RESPONSIBILIT (cont.)
Delegation of Responsibilities
The Board is authorized to delegate certain responsibilities to qualified agents to assist them in
properly meeting the overall responsibilities as outlined above. Specifically, the Board has
appointed a custodian, investment manager(s), an investment consultant, legal counsel and
actuary to perform various functions.
■ Trustee/Custodian - The trustee/custodian has been delegated the following responsibilities:
• perform, participate in and exercise such rights, privileges, duties and responsibilities
possessed by any other owner or holder of bonds or other evidence of indebtedness and
common and preferred stock, except for the voting of proxies, which shall be delegated
to investment manager(s);
• safekeep all assets including securities, cash and cash equivalents;
• receive instructions from investment manager(s) to purchase and sell various securities
and ensure that transactions are settled according to established settlement procedures.
• provide monthly transaction accounting on security holdings with reports provided to the
Committee in a timely manner;
• process all benefit distributions to retirees and beneficiaries in a timely manner;
• provide annual tax reporting to the Internal Revenue Service and to retirees and
beneficiaries in a timely manner; and,
• forward proxy materials to investment manager(s) promptly after receiving them.
■ Investment Manager(s) - The designated investment manager(s) are charged with the
following responsibilities:
• register as an investment advisor under the Investment Advisor Act of 1940;
• adhere to the policy guidelines contained in this Statement of Investment Policy, unless
granted an exception in writing;
• invest only in those asset classes, and adhere to the ranges for allocation among those
classes, that the Committee has stated to be appropriate for that manager's portfolio;
• exercise complete investment discretion within the boundaries of the restrictions outlined
in this Statement of Investment Policy or in any written exceptions to this Statement;
• strictly comply with all of the provisions of appropriate. law as they pertain to the firm's
dealings, functions and responsibilities as fiduciaries;
Early Retirement Incentive Plan - Chesterfield County
Statement of Investment Policy
DRAFT #2 Paye
11-2
II. RESPONSIBI (cont.)
• prudently (as stated in §51.1-124.3QC. of the Code of Virginia) liquidate assets in the
portfolio which cease to be in compliance with this Statement of Investment Policy or any
written exceptions to this Statement. If in the manager's judgement, it is in the Fund's
best interest to not liquidate such an asset promptly, the manager will advise the
Committee of the circumstances and make a recommendation regarding the liquidation
of that asset.
• diversify the portfolio so as to minimize the risk of large losses unless, under the
circumstances, it is clearly prudent to not so diversify;
• ensure that brokers will be selected only on a competitive, best execution basis;
• invest the assets of the Fund with care, skill, prudence and diligence under circumstances
then prevailing that a prudent person, acting in a like capacity and familiar with such
matters, would use in the conduct of an enterprise of a like character and with such aims;
• vote the proxies for securities held in the accounts over which they have accepted
responsibility, at all times in such a manner as they deem to be solely in the best interest
of plan participants and beneficiaries and avoid consideration of any factors that would
subordinate the interests of participants and beneficiaries in their retirement income to any
unrelated objectives; and,
• acknowledge in writing the recognition and acceptance of full responsibility as a fiduciary
as defined by ERISA and appropriate federal and state legislation, and the f'irm's intention
to comply with this Statement of Investment Policy as it currently exists or as is modified
by joint agreement in the future.
■ Investment Consultant - It shall be the responsibility of the designated investment
consultant to assist the Committee with the following functions:
• provide comprehensive evaluation of the investment results achieved by the designated
investment manager(s) in light of the investment guidelines and performance standards
contained in this Statement of Investment Policy;
• make recommendations to the Committee of appropriate actions to be considered which,
in the consultant's opinion, will enhance the probability of achieving overall Fund
objectives. Such recommendations may include, but are not limited to:
• use of alternate asset strategies or asset classes;
• changes in overall investment policy;
• changes in designated investment manager(s):
• provide assistance to the Committee in screening and selecting investment manager(s)
for recommendation to the Board, as appropriate.
Early Retirement Incentive Plan - Chesterfield County
Statement of Investment Policy
DRAFT 42 Page 4
113
IL RESPONSIBIL (cont.)
■ Legal Counsel - The Board designated legal counsel will advise and represent the Board
in all matters requiring legal insight and advice.
■ Fund Actuary - The Board designated plan actuary shall have the following responsibilities:
• prepare, on a frequency determined by the Board, but no less than two years as
required by the County Board of Supervisors, a comprehensive evaluation of the Fund's
funded status and required contribution levels and attest to the appropriateness of the
Fund's assumptions and funding policy; and,
conduct special experience and actuarial studies as required by the Board.
Early Retirement Incentive Plan - Chesterfield County
Statement of Investment Policy
DRAFT #2 Page S
114
III. INVESTMENT ECTIVE
The investment objective of the Fund is to ensure, over the long-term life of the Fund, an
adequate level of assets to fund the benefits for Fund members and their beneficiaries at the time
they are payable. In meeting this objective, the Board seeks to achieve a high level of total
investment return consistent with a prudent level of portfolio risk. Since the preservation of
principal is a component of the long-term objective, it is expected that no manager will achieve
a negative rate of return over any rolling three-year period.
The Fund's investment objective, as established by the Board, is to earn an average compound
real rate-of-retum, over and above inflation, of 4.4% per annum. The asset Structure referred to
below, and in Section IV, is expected to result in a 4.4% premium over inflation, as follows:
Total Fund Return (Geometric)
Early Retirement Incentive Plan - Chesterfield County
Statement of Investment Policy
DRAFT et Page 6
Weighted
Expected Arithmetic
Arithmetic
Security Class
Portion
Premium
Return
of Total Fund
Over Inflation
Over Inflation
U.S. Equity
50%
8.0%
4.00/6
U.S. Fixed Income
45
2.5
1.1
Cash and Equivalents
5
1.0
0_1
Total Fund Return (Arithmetic)
5.20/6
100%
4.4%
Total Fund Return (Geometric)
Early Retirement Incentive Plan - Chesterfield County
Statement of Investment Policy
DRAFT et Page 6
IV. ASSET STRUCORE
The asset structure should reflect a proper balance of the Fund's needs for liquidity, growth of
assets and the risk tolerance of the Board.
The target asset mix, consistent with the achievement of the long-term objective of the Fund, is
as follows:
Security Class
U.S. Equity
U.S. Fixed Income
Cash and Equivalents
Strategic Target
50%
45
5
Tactical Range
40-60%
30-60%
0-10%
It should not be regarded as a rigid set of rules regarding asset allocation or required rates of
return. The Committee will review the structure periodically and make adjustments as may be
appropriate in light of changing market conditions.
The strategic allocation provides a reasonable expectation that the Fund's investment objective
can be achieved based on historic relationships of asset class performance. Liquidity is required
only to meet defined payout needs, unless the investment manager(s) are otherwise advised by
the Committee. The Committee shall maintain sufficient assets in cash, invested with the
trustee/custodian, to meet anticipated benefit payments.
The Committee is charged with the responsibility of monitoring the overall allocation within the
parameters described above. They will do so by giving specific instructions as to the range of
allowable asset classifications to individual investment manager(s), as well as by monitoring the
asset classifications actually held by manager(s). It is understood that the tactical ranges are
targets and that deviations may occur from time to time as a result of market impact or from
short-term timing decisions implemented, with prior approval, by the investment manager(s).
Early Retirement Incentive Plan - Chesterfield County
Statement of Investment Policy
DRAFT #2 Page 7
-;16
V. INVESTMENT UIDELINES
EQUITY HOLDINGS
Types of Securities Equity securities shall mean common and preferred stocks, and issues
convertible into common stocks, of both domestic and international
corporations and American Depository Receipts (ADRs).
Diversification The securities of any one issuer are limited to 5% at cost and 8% at
market of each equity portfolio. Broad industry diversification is
desirable. For international equities, both industry and country
diversification are desirable.
Quality Only equity securities which are broadly classified as institutional quality
issues are eligible for inclusion in the portfolio. All securities held in the
portfolio should be publicly traded and have sufficient marketability to
permit prompt, orderly liquidation under normal circumstances. Stock
selection should emphasize quality with due regard to risk. The manager
is restricted from investing in any stock with a market capitalization less
than $20 million.
Exclusions Without the expressed written consent of the Board, the following
investments are prohibited:
• short naked call options,
• short put options,
• commodities,
• swaps, and
• other derivatives.
Where written consent is given for investment in any of these categories,
the Board will require the investment manager to adhere to specific
safeguards.
Derivatives Derivatives generally refer to financial instruments that derive their values
from underlying cash market investments. Examples of derivatives
include, but are not limited to, financial futures, forwards, options, options
on futures, collateralized mortgage obligations and swaps. Any uses of
derivatives must be expressly authorized by the Board. Where such
authorization has been given, the restrictions and safeguards described
below shall apply.
Early Retirement Incentive Plan - Chesterfield County
Statement of Investment Policy
DRAFT #e2 Page 6
117
V. INVESTMENT UDELINES (cont)
Manager(s) shall not purchase securities on margin or sell short unless
expressly authorized to do so in writing by the Board. However, with
express permission, the manager(s) may make use of futures, options
and options on futures contracts as long as they are restricted to (a) the
creation of synthetic securities and (b) non -leveraged, hedge strategies,
using contracts related to otherwise allowable equity investments of the
manager's portfolio.
Under no circumstances should a portfolio manager take positions in
derivative securities that leverage the portfolio or materially increase a
portfolio's stated or implied risk as characterized by the manager's
investment style. Additionally, derivatives may not be used for dynamic
hedging strategies. Any broader use of derivatives than the strategies
and purposes described below will require prior authorization from the
Board.
Financial futures may be used solely for bona fide hedging purposes
within the meaning of 17 CFR 1.3(z)(1), and for long positions
(accompanied by the cash set-aside described below) as incidental to the
Fund's activities in the underlying cash market.
With respect to each long position in a financial futures contract, the total
market value of the derivative at all times will be collateralized with cash,
cash equivalents, short-term United States dollar-denominated high
quality short-term money market instruments, and such collateral will be
marked -to -market daily. Assets used for this purpose may not
simultaneously be used as collateral for any other purpose.
The manager will not enter into financial futures contracts for which the
aggregate margin, including both initial margin and daily variation margin,
exceeds 5% of the liquidation value of the Fund portfolio under
management by the manager.
A synthetic security is one created from a combination of portfolio
positions including long futures positions on any of the equity indexes
(e.g., S&P 500) and short maturity (short-term) securities the prices of
which do not fluctuate materially. The use of such indexes is limited to
ones which are specifically appropriate to the manager's portfolio. The
market value of the short maturity securities must be equal to the
notional value of the futures contracts.
Early Retirement Incentive Plan - Chesterfield County
Statement of Investment Policy
DRAFT ##2 Page 9
118
V. INVESTMENT ' DEUNES (cont)
For purposes of synthetic securities, the term "short maturity (short-term)
securities" shall include short-term U.S. debt obligations, U.S. dollar-
denominated high quality short-term money market instruments, including
the client's custodial bank STIF, or a short-term security that is rated in
one of the two highest rating categories by two nationally recognized
statistical rating organizations ("NRSROs") or by the only NRSRO rating
the security.
Forward contracts may be transacted only with counterparties that are
rated no less than A by two NRSROs, or the only NRSRO rating the
company. Additionally, the total notional (face) amount of a forward
contract transacted with any single counterparty shall not exceed 10% of
the total portfolio value for the Fund's portfolio under management of a
single manager.
The manager may only execute transactions through futures commission
merchants ("FCMs") that have adjusted net capital of at least $500
million, that have a ratio of customer receivables to capital.of not more
than 10:1, and that are wholly owned by an entity that is rated no less
than A by two nationally recognized statistical rating organizations
("NRSROs"), or by the only NRSRO rating the security.
The manager will promptly transfer all excess margin deposits held by an
FCM to the custodian of the Fund's assets.
Pooled Funds It is understood that investing through a pooled fund vehicle means that
the investments will be governed by the fund's own set of guidelines and
restrictions. While it is the intent to invest in funds which meet the
general intent of these guidelines, there may, in fact, be instance's in
which the funds' guidelines differ in a number of ways. In such cases,
the pooled fund guidelines and restrictions will supersede those outlined
above. For that reason, investments in pooled funds may be made only
with the prior approval of the Board. The Investment Manager shall
provide the Committee with a copy of the prospectus of any pooled funds
that it proposes to use, and shall specifically identify any guidelines and
restrictions that differ from those outlined above.
Early Retirement Incentive Plan - Chesterfield County
Statement of Investment Policy
DRAFT #2 Page 10
119
V. INVESTMENT IDEUNES (cont)
ACTIVE FIXED INCOME HOLDINGS
Types of Securities Debt instruments of any U.S. entity denominated in U.S. dollars, and not
otherwise prohibited, including U.S. dollar denominated sovereign and
supranational bonds (Yankee bonds), and CMOs except as prohibited
below.
Diversification The securities of any one issuer, with the exception of the U.S.
Government and its agencies, are limited to 10% at cost and 15% at
market of each fixed income portfolio.
Quality The fixed income portfolio should be, on average, comprised of high-
quality issues. The average credit quality of the portfolio must be at least
AA. Up to 15% of the fixed income portfolio may be invested in below
investment grade securities (Moody's or Standard & Poor's quality rating
below Baa or BBB, respectively). If any security has a split rating, the
lower of the two ratings shall be considered for the purposes of meeting
minimum quality standards.
Other While there are no maturity limits placed on the portfolio, it is expected
that the average effective duration of the fixed income portfolio will not
exceed 6.5 years.
Exclusions Without the express written consent of the Board, the following
investments are prohibited:
• inverse floaters,
• capped floaters,
• interest -only CMO tranches,
• principal -only CMO tranches,
• support CMO tranches,
• swap contracts, and.
• other derivatives.
Early Retirement Incentive Plan - Chesterfield County
Statement of Investment Policy
DRAFT 412 Page 11
120
V. INVESTMENT
ELINES (cont)
Where written consent is given for investment in any of these categories,
the Board will require the investment manager to adhere to specific
safeguards.
Den- Derivatives generally refer to financial instruments that derive their values
from underlying cash market investments. Examples of derivatives
include, but are not limited to, financial futures, forwards, options, options
on futures, collateralized mortgage obligations and swaps. Any uses of
derivatives must be expressly authorized by the Board. Where such
authorization has been given, the restrictions and safeguards described
below shall apply.
Manager(s) shall not purchase securities on margin or sell short unless
expressly authorized to do so in writing by the Committee. However, with
express permission, the manager(s) may make use of forwards, futures.
options and options on futures contracts as long as they are restricted to
(a) the creation of synthetic securities and (b) non -leveraged, hedge
strategies that use contracts related to otherwise allowable fixed income
investments of the manager's portfolio.
Under no circumstances should a portfolio manager take positions in
derivative securities that leverage the portfolio or materially increase a
portfolio's stated or implied risk as characterized by the manager's
investment style. Additionally, derivatives may not be used for dynamic
hedging strategies. Any broader use of derivatives than the strategies
and purposes described below will require prior authorization from the
Board.
Financial futures may be used solely for bona fide hedging purposes
within the meaning of 17 CFR 1.3(z)(1), and for long positions
(accompanied by the cash set-aside described below) as incidental to
Fund's activities in the underlying cash market.
With respect to each long position in a financial futures contract, the total
market value of the derivative at all times will be collateralized with cash,
cash equivalents, short-term United States dollar-denominated high
quality short-term money market instruments, and such collateral will be
marked -to -market daily. Assets used for this purpose may not
simultaneously be used as collateral for any other purpose.
Early Retirement Incentive Plan - Chesterfield County
statement of Investment Policy
DRAFT #12 Page 12 ��il
V. INVESTMENT qJDEUNES (cont) L A
The manager will not enter into financial futures contracts for which the
aggregate margin, including both initial margin and daily variation margin,
exceeds 5% of the liquidation value of the Fund portfolio under
management by the manager.
A synthetic security is one created from a combination of portfolio
positions including long futures positions on any of the fixed income
indexes (Treasury Bond, Note or Bill) and short maturity (short-term)
securities the prices of which do not fluctuate materially. The market
value of the short maturity securities must be equal to the notional value
of the futures contracts.
For purposes of synthetic securities, the term "short maturity (short-term)
securities' shall include short-term U.S. debt obligations, U.S. dollar-
denominated high quality short-term money market instruments, including
the client's custodial bank STIF, or a short-term security that is rated in
one of the two highest rating categories by two nationally recognized
statistical rating organizations ("NRSROs") or by the only NRSRO rating
the security.
Forward contracts may be transacted only with counterparties that aro
rated no less than A by two NRSROs, or the only NRSRO rating the
company. Additionally, the total notional (face) amount of a forward
contract transacted with any single counterparty shall not exceed 10% of
the total portfolio value for the Fund's portfolio under management of a
single manager.
The manager may only execute transactions through futures commission
merchants ("FCMs") that have adjusted net capital of at least $500
million, that, have a ratio of customer receivables to capital of not more
than 10:1, and that are wholly owned by an entity that is rated no less
than A by two nationally recognized statistical rating organizations
("NRSROs"), or by the only NRSRO rating the security.
The manager will promptly transfer all excess margin deposits held by an
FCM to the custodian of the Fund's assets.
Pooled Funds It is understood that investing through a pooled fund vehicle means that
the investments will be governed by the fund's own set of guidelines and
restrictions. While it is the intent to invest in funds which meet the
general intent of these guidelines, there may, in fact, be instances in
which the funds' guidelines differ in a number of ways. In such cases,
the pooled fund guidelines and restrictions will
Early Retirement Incentive Plan - Chesterfield County
Statement of Investment Policy
DRAFT #2 Page 13
:Z
V. INVESTMENT CDELINES (cont)
supersede those outlined above. For that reason, investments in pooled
funds may be made only with the prior approval of the Board. The
Investment Manager shall provide the Committee with a copy of the
prospectus of any pooled funds that it proposes to use, and shall
specifically identify any guidelines and restrictions that differ from those
outlined above.
Early Retirement Incentive Plan - Chesterfield County
Statement of Investment Policy
DRAFT 42 Page, 14
��3
V. INVESTMENT QUJPEUNES (cont)
CASH EQUIVALENTS
Types of Securities Debt securities of any U.S. entity not otherwise prohibited, with a
maximum average maturity of one year.
Diversification No more than 10% of the cash portfolio shall be invested in Certificates
of Deposit or Banker's Acceptances issued by any single bank. No more
than 35% of the cash portfolio shall be invested in commercial paper,
with no more than 5% of the portfolio invested with any single issuer of
commercial paper. No more than 35% of the cash portfolio may be
invested in corporate bonds, with no more than 5% invested with any
single issuer of corporate bonds.
duality Only cash equivalents with the following minimum quality ratings are
eligible for inclusion in the portfolio:
Asset Backed Securities: A
Certificates of Deposit and Banker's Acceptances:
Thompson Bankwatch B or better
Commercial Paper: Al/P1.
Corporate Bonds: AA-, Aa3.
Repurchase Agreements: U.S. Government or agency secured.
Exclusions Without the expressed written consent of the Board, the following
investments are prohibited:
• floating rate notes with maturities under two years that have any
embedded leverage or optionability (e.g., caps, floors, multiple re-
set features, etc.)
• floating rate notes with maturities over two years
• structured notes, including Collateralized Mortgage Obligations
(CMOs),
• swaps, and
• other derivatives.
Where written consent is given for investment in any of these categories,
the Investment Advisory Committee will require the investment manager
to adhere to specific safeguards.
Derivatives Derivatives generally refer to financial instruments that derive their values
from underlying cash market investments. Examples of derivatives
include, but are not limited to, financial futures, forwards, options, options
on futures, collateralized mortgage obligations and swaps.
Early Retirement Incentive Plan - Chesterfield County
Statement of Investment Policy
DRAFT #2 Page 15
S24
V. INVESTMENT DEUNES (cont)
Manager(s) shall not enter into a derivatives contract, purchase securities
on margin, or sell short unless expressly authorized to do so, in the cash
equivalents fund, in writing by the Board.
Under no circumstances should a portfolio manager take positions in
derivative securities that leverage the portfolio or materially increase a
portfolio's stated and implied risk characterized by the manager's
investment style.
Pooled Funds It is understood that investing through a pooled fund vehicle means that
the investments will be governed by the fund's own set of guidelines and
restrictions. While it is the intent to invest in' funds which meet the
general intent of these guidelines, there may, in fact, be instances in
which the funds' guidelines differ in a number of ways. In such cases,
the pooled fund guidelines and restrictions will supersede those outlined
above. For that reason, investments in pooled funds may be made only
with the prior approval of the Board. The Investment Manager shall
provide the Committee with a copy of the prospectus of any pooled funds
that it proposes to use, and shall specifically identify any guidelines and
restrictions that differ from those outlined above.
Early Retirement Incentive Plan - Chesterfield County
statement of Investment Policy
DRAFT #2 Page 16 „� r_
VL PERFORMAN0774 STANDARDS
Standards used to measure investment performance will be set forth in context with the
established objectives. Each standard shall apply independently to the portfolio of each
investment manager and is expected to be achieved net of investment management fees
and expenses.
EQUITY MANAGER STANDARDS
Standard #1
Over rolling three-year periods, the performance of the equity portion of the portfolio should
exceed the median of a universe of other equity funds, as defined by the Board.
Standard #2
Over rolling five-year periods the performance of the equity portion of the portfolio should exceed
the return of an appropriate benchmark, as defined by the Board, by 1.0% per year.
Standard #3
Over rolling five-year periods, the annualized standard deviation of the equity sector's quarterly
rate of return shall be no greater than 125% of that of the appropriate benchmark, as defined by
the Board.
FIXED INCOME MANAGER STANDARDS
Standard #4
Over rolling three-year periods, the performance of the fixed income portion of the portfolio should
exceed the median of a universe of other fixed income funds, as defined by the Board.
Standard #5
Over ,rolling five-year periods, the performance of the fixed income portion of the portfolio should
exceed the return of an appropriate benchmark, as defined by the Board, by 0.5% per year.
Standard #6
Over rolling five-year periods, the annualized standard deviation of the fixed income sectors
quarterly rate of return shall be no greater than 110% of the appropriate index as defined by the
Board.
Early Retirement Incentive Plan - Chesterfield County
Statement of Investment Policy
DRAFT 02 Pale ty
*"
. 44
A PERFORMAN STANDARDS (cont.)
BALANCED MANAGER STANDARDS
Standard #1
Over rolling three-year periods, the performance should exceed the median of a universe of
balanced investment manager(s), as defined by the Board.
Standard #2
Over rolling five-year periods, the performance target shall be to earn a return 0.75% per year
greater than that afforded by a hypothetical fund invested 50% in an appropriate equity index and
50% in an appropriate fixed income index, as defined by the Board.
Standard #3
Over rolling three-year periods, the annualized standard deviation of the manager(s)' quarterly
total rate of return shall be no greater than 115% that of a hypothetical fund invested 50% in an
appropriate equity index and 50% in an appropriate fixed income index, as defined by the Board.
Early Retirement Incentive Plan - Chesterfield County
Statement of Investment Pocky
DRAFT #2 Page is
12 7
VIL
Documentation
TION
The investment manager(s) are requested upon hire to submit a written statement to the
Committee describing their proposed investment strategy and tactics for achieving the investment
goals and objectives that are required in this Statement of Investment Policy. They should also
submit requests for permission to deviate from this Policy Statement whenever their strategy or
tactics change significantly as a result of changing market conditions or other factors. In addition,
reports are to be supplied quarterly by the investment manager(s) indicating:
1. The portfolio composition (i.e., asset mix at book and at market values) for each
major class of security, including derivatives and cash equivalents.
2. Position, by individually named securities and/or by appropriately described units of
collective funds, showing both book and market values of individually invested
securities, and the unrealized gain or loss on each position.
3. All transactions effected in the account, categorized by purchases, sales, and
accrued income, including realized gains or losses on each position.
4. A formal quarterly reconciliation letter, verifying that the manager's statement has
been reconciled with the custodian bank. Any discrepancies between the manager
and the custodian bank must be identified and explained.
5. Performance of the portfolio, compared to the relevant benchmark defined by the
Board.
6. A separate report listing each derivative in the portfolio at quarter end, showing book
and market values, a total of the market values for all the derivatives in the account,
the unrealized gain or loss on each position, and the percentage of derivatives in the
manager's portion of funds. Additionally, a brief note must be included describing the
market risk, credit risk, and legal risk that each type of derivative in the portfolio
bears. For purposes of this report, a derivative is defined to be a contract whose
value depends on, or derives from, the value of an underlying asset, reference rate,
or index, including but not limited to, any structured notes or mortgage-backed
securities.
Investment Advisory manager(s) are expected to communicate with the Custodial Bank on a
regular basis to reconcile any differences between their reports and the Bank's reports.
Early Retirement Incentive Plan - Chesterfleld County
Statement of Investment Policy
DRAFT #2 Page' 19
Vit. INVESTMENT MINISTRATION (cont.)
Annual Review Meetinq
The investment manager will be expected to meet at least annually with the Committee. The
agenda for these meetings shall include, but not be limited to:
1. A presentation of investment results in light of the stated objectives of this Statement
of Investment Policy.
2. A discussion of investment strategies currently being executed by the manager.
3. Communication of material changes in policy, objectives, previously communicated
investment strategies, staffing or business condition of the investment manager.
Early Retirement Incentive Plan - Chesterfield County
statement of Investment Policy
DRAFT A2 Page 20
14
VIL INVESTME!ZdMINISTRATION (cont.)
Acceptance Agreement
The undersigned investment manager hereby acknowledges its appointment as a named fiduciary
in accordance with the Advisory Agreement between the investment manager and the Board and
agrees that this Statement of Policy is hereby substituted in lieu of the Statement of Investment
Objectives attached to said Advisory Agreement.
If at any time the investment manager feels that the objectives and guidelines contained in this
Statement of Investment Policy cannot be met or performed in strict compliance with this
Statement, the investment manager agrees to promptly notify the Committee in writing. In
consideration of the investment manager's initial engagement by the Board and the investment
manager's ongoing relationship as an investment advisor for the Board, the investment manager
hereby acknowledges a complete understanding of these objectives and guidelines and agrees
to abide by each of said requirements during the course of the investment manager's
engagement.
(INVESTMENT MANAGER)
DATE
Early Retirement Incentive Plan - Chesterfield County
Statement of Investment Policy
DRAFT #2 Page 21
130
COUNTY A
0-ul
I CHESTERFIELD COUNTY PUBLIC SCHOOLS
v Superintendent Thomas R. Fulghum
Sfuden"
December 22, 1995
Key District Director
Internal Revenue Service
P. O. Box 17288
Baltimore, MD 21203
Re: IRS Qualification filing for the Early Retirement Incentive
Plan for Employees of Chesterfield County Schools
Dear Sir:
Chesterfield County Public Schools, Employer Identification Number
54-6001210, hereby authorizes the following individual to assist in
matters relating to the application for determination for plan
number 001:
Ms. Elizabeth Smorto (Soc. Sec. No.: 229-52-9844)
William M. Mercer, Incorporated
4600 Cox Road - Suite 400
Glen Allen, Virginia 23060
Telephone: (804) 747-0275
The IRS may discuss with this individual any information contained
in Form 5300, plus attachments.
Sincerely,
Thomas R. Fulghum
Superintendent
OFFICE OF THE SUPERINTENDENT
Post Office Box 10 - Chesterfield, Virginia 23832 1.31
(804) 748-1411 - FAX (804) 796-7178 - TDD (804) 748-1638
Equal Opportunity Employer_
GOJNTY I�
�o
Studentb
A
9
CHESTERFIELD COUNTY PUBLIC SCHOOLS
Superintendent Thomas R. Fulghum
December 22, 1995
Key District Director
Internal Revenue Service
Attention: EP/EODivision
P. O. Box 17288
Baltimore, MD 21203
Re: IRS Qualification filing for the Early Retirement Incentive
Plan for Employees of Chesterfield County Schools
Dear Sir:
Pursuant to Rev. Proc. 95-6 and 93-39, the following is
submitted:
(1) Executed copy of Board of Supervisors resolution to adopt
the captioned Plan;
(2) Executed copy of amended and restated above captioned Plan,
which was signed December 22, 1995, which complies with the
Plan's remedial amendment period.
(3) Copy of notice to interested parties regarding submission of
Plan to Internal Revenue Service for a determination;
(4) Completed'Form 5300;
(5) Completed Form 8717 with a check in the amount of $700 made
payable to the Internal Revenue Service; and
(6) Certification and demonstrations required by Rev. Proc. 93-
39.
This plan has not been considered under the Voluntary Compliance
Resolution program pursuant to Rev. Proc. 92-89.
All existing documents are enclosed herein.
This information is submitted for the purpose of obtaining a
determination that the entire captioned Plan meets the
requirements of Section 401(a) of the Internal Revenue Code of
1986.
OFFICE OF THE SUPERINTENDENT
Post Office Box 10 - Chesterfield, Virginia 23832
(804) 748-1411 - FAX (804) 796-7178 - TDD (804) 748-1638
Equal Opportunity Employer 1, 3
low
Under the penalties of perjury, I have examined this request,
including accompanying documents, and to the best of my knowledge
and belief, the facts presented in support of the requested
ruling or determination letter are true, correct and complete.
If you should require any further information concerning the
qualification of this Plan, please notify me.
Submitted By:
Thomas R. Fulghum, Superintendent
Chesterfield County Public Schools
Enclosures
cc: Elizabeth Smorto
William M. Mercer, Inc.
'113 3
NOW, THEREFORE BE IT RESOLVED, the Chesterfield County
Board of Supervisors approves the FY95-96 Secondary Road
Improvement Budget as presented by VDOT.
Vote: Unanimous
15.B. TO CONSIDER AN ORDINANCE ESTABLISHING A SCHOOL
RETIREMENT SYSTEM
Mr. Stegmaier stated this date and time has been advertised for
a public hearing to consider an ordinance establishing a School
Retirement System. He further stated this program has been in
place for some time in the School System, but because of some
changes in the program, the Early Retirement Incentive Program
will now become a qualified retirement program, therefore, the
State Code requires the Board of Supervisors to authorize
establishment of the plan.
Mr. Barber disclosed to the Board his employment as a teacher
in the Chesterfield County School System.
No one came forward to speak in favor of or against this
ordinance.
I
Mr. Daniel inquired as to whether there were any differences
between the County's and tpe School System's retirement plans.
Mr. Ramsey stated the County does not havethis
type of
retirement plan, however, the School System's plan is similar
to many other school systems across the State. When asked, he
stated staff recommends approval of the ordinance and there is
no additional cost to the County to establish this school
retirement system and'changes being recommended will create net
savings compared to the current program.
On motion of Mr. Warren, seconded by Dr. Nicholas, the Board
adopted the following ordinance:
AN ORDINANCE TO AMEND THE CODE OF THE COUNTY
OF CHESTERFIELD, 1978, AS AMENDED, BY ADDING SECTION 16-13
AUTHORIZING THE CHESTERFIELD COUNTY SCHOOL BOARD TO
ESTABLISH A DEFERRED INCOME PAYMENT PLAN AND
TRUST FUND FOR SCHOOL BOARD EMPLOYEES
BE IT ORDAINED by the Board of Supervisors of Chesterfield
County:
(1That the Codethe
nty
amended, is a ended and roeenacteduto add thesterf following sections
Sec. 16-13. Deferred income payment Plan and trust fund f -
-
school board employees.
Pursuant to Code of Virginia, Section 51.1-801, the
Chesterfield County School Board is authorized to establish and
administer a qualified deferred income payment plan and trust
fund ("plan") for the benefit of school board employees. The
plan and the administration of the plan shall comply with all
applicable provisions of the Internal Revenue Service Code and
Internal Revenue Service regulations and shall be subject to
review by and approval of the Board of Supervisors. The school
board shall fund the plan from available budget allocations and
no County funds other than such budget allocations and interest
earned on the trust fund of the plan shall be used to fund the
plan. The school board shall perform an actuarial analysis of
the fund every two years and the fund shall be audited on an
annual basis. The results of each analysis and audit shall be
submitted to the Board of Supervisors.
:134
955,-424 6/28/95
A Copy Tester]
Faith L. Davis
T, t r r• _ -...a
(2) That this ordinance shall become e
immediately upon adoption. effective
Vote: Unanimous
IS -C.- TO CONSIDER ENACTMENTj PURSUANT TO SECTION 15.1-239
CODE OF VIRGINIA 1950 AS AMENDED OF ORDINANCES TO
ESTABLISH SPECIAL TAX OR ASSESSMENT SEWER DISTRICTS
TO CONSTRUCT CERTAIN SEWERAGE FACILITIES THEREIN AND
TO IMPOSE CERTAIN TAXES OR ASSESSMENTS UPON THE OWNERS
OF PROPERTY LOCATED THEREIN
15.0-1. REXMOOR DRIVE SPECIAL TAX OR ASSESSMENT SEWER DISTRICT
15.C.2. EAST REXMOOR DRIVE HARWICK DRIVE SPECIAL TAX OR
ASSESSMENT SEWER DISTRICT
Mr. Micas stated this date and time has been advertised for a
public hearing to consider enactment of ordinances to establish
special tax or assessment sewer districts, to construct certain
sewerage facilities therein, and to impose certain taxes or
assessment upon the owners of property located therein for
Rexmoor Drive and East Rexmoore Drive/Harwick Drive. He
furthJr stated the property owners have the opportunity to pay
the fee upfront or over aen year period with an interest rate
as determined by the curr�t Treasury Bill rate. He noted the
proposals are consistent with the County Code and County
Policy. When asked, he stated for an unpaid portion of the
fee, the subsequent owner is legally obligated to continue the
payments and will be part of the title if the home is sold.
Ms. Susan Matthews stated she is speaking on behalf of ten
families in Stonehenge Subdivision; that they are requesting
approval of the assessment districts and have received 75
percent support for the sewer assessment districts; that they
have been trying to obtain sewer in their neighborhood since
1991; and that all septic systems in the neighborhood are 24-28
years old. She further stated they have explored all avenues
to find the most equitable, fair, and least costly way to
obtain public sewer; that they have explored every possible
option of joint funding with the County and in deleting those
neighbors who objected; and that they feel the majority should
prevail. She recognized approximately 12 persons in support of
the request who were present at the meeting and requested the
Board to give favorable consideration to the request.
Mr. Frank Bennett stated he resides on Rexmoor Drive and is
opposed to the request. He further stated he does not feel he
should be forced to pay the fee if he does not chose to
participate in obtaining public sewer; that the homeowners who
want to participate should pay for the sewer; and if he decides
to connect, he could reimburse them at that time.
Mr. George Beadles submitted into the record an agenda item
dated September 27, 1989 relating to extending sewer service on
Rexmoor Drive in Stonehenge Subdivision where the County paid
the entire cost and stated he does not feel the County can
afford to pay the entire cost any longer; that there are
homeowners who are unable to pay the cost of obtaining public
sewer and the County should attempt to find a solution for
those homeowners; and that other methods, other than
establishing sewer assessment districts, should be attempted to
resolve this problem, but indicated he felt the Board should
approve this request.
There being no one else to address these ordinances, the public
hearing was closed.
J
3
i
95�-}4-25 6/28/95
A Copy Tests:
Faith L. Davie
120495
9
EARLY RETIREMENT INCENTIVE PLAN
FOR EMPLOYEES OF
CHESTERFIELD COUNTY SCHOOLS
Effective Date
July 1, 1995
136
TABLE OF CONTENTS
ARTICLE
9
PAGE
INTRODUCTION............................................................................................................................................1
DEFINITIONS..................................................................................................................................................2
1.01 Actuarial Equivalent................................................................................................................................2
1.02 Beneficiary...............................................................................................................................................2
1.03 Contributions............................................................................................................................................3
1.04 Defined Benefit Plan................................................................................................................................3
1.05 Defined Contribution Plan.......................................................................................................................3
1.06 Effective Date...........................................................................................................................................3
1.07 Employee..................................................................................................................................................3
1.08 Employer..................................................................................................................................................3
1.09 Fiduciary ...................................................................................................................................................4
1.10 Final Annual Compensation.....................................................................................................................4
1.12 Fund..........................................................................................................................................................6
1.13 Highly Compensated Employee...............................................................................................................6
1.14 IRC...........................................................................................................................................................9
1.15 Limitation Year......................................................................................................................................10
1.16 Maximum Compensation........................................................................................................................10
1.17 Participant..............................................................................................................................................11
1.18 Plan.........................................................................................................................................................11
1.19 Plan Administrator.................................................................................................................................11
1.20 Plan Year................................................................................................................................................11
1.21 Social Security Retirement Age.............................................................................................................11
1.22 Total and Permanent Disability or Totally and Permanently Disabled................................................12
:37
A
9
1.23 Trust Agreement....................................................................................................................................12
1.24 Trustee....................................................................................................................................................12
1.25 Year of Service.......................................................................................................................................12
ELIGIBILITY AND PARTICIPATION...................................................................................................13
2.01 Eligibility for Participation....................................................................................................................13
2.02 Eligibility for Benefits............................................................................................................................13
2.03 Participation...........................................................................................................................................14
2.04 Reemployment of Retired Participants..................................................................................................14
EARLY RETIREMENT INCENTIVE BENEFITS.............................................................................is
3.01 Early Retirement Incentive Benefit.......................................................................................................15
3.02 Disability Benefit....................................................................................................................................17
3.03 Death Benefit..........................................................................................................................................17
3.04 Vesting....................................................................................................................................................17
3.05 Election of Payment Option...................................................................................................................17
3.06 Rollover Distributions............................................................................................................................18
3.07 Disciplinary Action.................................................................................................................................19
FUNDING........................................................................................................................................................21
4.01 Contributions by the Employer..............................................................................................................21
4.02 Trust Fund..............................................................................................................................................21
FIDUCIARIES AND ADMINISTRATION OF THE PLAN.............................................................22
5.01 General...................................................................................................................................................22
5.02 Employer Responsibilities...................................................................................................................... 23
5.03 Trustee....................................................................................................................................................23
5.04 Plan Administrator.................................................................................................................................23
5.05 Claims for Benefits.................................................................................................................................25
5.06 Claims Procedures..................................................................................................................................25
5.07 Records...................................................................................................................................................27
5.08 Missing Persons......................................................................................................................................27
MAXIMUM BENEFITS AND REQUIRED DISTRIBUTION OF BENEFITS ..........................28
6.01 Maximum Retirement Benefit...............................................................................................................28
6.02 Multiple Plan Participation....................................................................................................................32
6.03 Required Distribution of Benefits..........................................................................................................33
AMENDMENT AND TERMINATION OF THE PLAN....................................................................37
7.01 Amendment of the Plan..........................................................................................................................37
7.02 Termination of the Plan.........................................................................................................................37
7.03 Restriction on Benefits for Top Twenty -Five (25) Highly Compensated Employees ............................38
MISCELLANEOUS......................................................................................................................................42
8.01 Governing Law.......................................................................................................................................42
8.02 Construction...........................................................................................................................................42
8.03 No Employment Contract.......................................................................................................................42
8.04 Receipt Prior to Payment.......................................................................................................................43
8.05 Payments to Incompetents......................................................................................................................43
8.06 Non -alienability of Benefits....................................................................................................................43
8.07 Merger of Plans......................................................................................................................................48
8.08 Mistake of Fact.......................................................................................................................................49
8.09 Exclusive Benefit.................................................................................................................................... 50
8.10 Expenses.................................................................................................................................................50
8.11 Counterparts...........................................................................................................................................50
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ADOPTIONOF THE PLAN.....................................................................................................................51
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INTRODUCTION
Effective July 1, 1995, the Chesterfield County School Board adopts the Early
Retirement Incentive Plan for Employees of Chesterfield County Schools (hereinafter referred
to as the "Plan") for the benefit of employees eligible to participate therein.
The purpose of the Plan is to provide early retirement benefits for eligible employees.
Benefit payments received by a Participant during the period of time the Participant is
providing services to the Employer in a part-time position shall be made from the general
assets of the Employer. Thereafter, benefit payments received by the Participant shall be
considered made from a plan qualified under Section 401(a) of the Internal Revenue Code of
1986 ("IRC"), as amended. It is intended that this Plan, together with the Trust Agreement
established to carry out the funding of the Plan, provided that the Employer has sufficient
funds to meet its obligations hereunder as set forth under applicable law, meet all the
requirements the IRC and wherever possible, the Plan shall be interpreted to comply with the
terms of the IRC and all formal regulations and rulings issued under the IRC.
1 a2
ARTICLE I
DEFINITIONS
As used herein and in the concomitant Trust Agreement, unless otherwise required by
the context, the following words and phrases shall have the meanings indicated:
1.01 Actuarial Equivalent means a benefit of equivalent value when computed on the basis of
the factors denoted in the Appendix to this Plan.
1.02 Beneficiary means any person designated by a Participant or otherwise entitled to
receive such benefits as may become payable under the provisions of the Plan after
the death of such Participant.
The designation of a Beneficiary shall be made on forms provided by the Plan
Administrator, and such forms shall be maintained in files held by the Plan Administrator.
From time to time, a Participant may change his Beneficiary by written notice to the Plan
Administrator. Upon such change, the rights of all previously designated Beneficiaries to
receive any benefits under the Plan shall cease. If there is no valid and current
Beneficiary designation on file with the Plan Administrator at the date of death of the
Participant, any death benefits which would have been payable to the Beneficiary shall
be payable to the Participant's spouse, if any; if none, equally to the Participant's
surviving children, if any; or if none, then to the Participant's estate. Subject to
applicable law, the interpretation of the Plan Administrator with respect to any
Beneficiary designation shall be binding and conclusive upon all parties, and no person
who claims to be a Beneficiary, or any other person, shall have any right to question any
114 3
action of the Plan Administrator, which in the judgment of the Plan Administrator fulfills
the intent of the Participant who filed such designation.
1.03 Contributions means the payments as provided herein by the Employer to the Fund.
1.04 Defined Benefit Plan means a plan established and qualified under IRC Section 401 or
403, except to the extent it is, or is treated as, a Defined Contribution Plan.
1.05 Defined Contribution Plan means a plan established and qualified under IRC Section 401
or 403 which provides for an individual account for each Participant therein and for
benefits based solely on the amount contributed to each Participant's account and any
income and expenses or gains or losses (both realized and unrealized) which may be
allocated to such accounts.
1.06 Effective Date means July 1, 1995, or such later date as of which an Employer adopts
the Plan for its Employees.
1.07 Employee means any person who is employed by the Employer on a full-time basis
under the terms of an annual employment contract, except any person considered a
leased employee within the definition of IRC Section 414(n).
A leased employee is any person other than an employee of the Employer who
pursuant to an agreement between the Employer and any other person (leasing
organization) has performed services for the Employer or for the Employer and related
persons, determined in accordance with IRC Section 414(n)(6), on a substantially full
time basis for a period of at least one year, and such services are of a type historically
performed by employees in the business field of the Employer.
1.08 Employer means the Chesterfield County School Board or any successor to such entity.
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1.09 Fiduciary means the Employer, Trustee, Plan Administrator and any individual,
corporation, firm or other entity which assumes in accordance with Article V
responsibilities of the Employer, Trustee or Plan Administrator respecting management
of the Plan or the disposition of its assets.
1.10 Final Annual Compensation means, for any Employee, the annual rate of contract
compensation in effect at the commencement of retirement paid by the Employer
including:
1.10(a) any portion of said Employee's base pay which would be due and payable
had he not signed a salary reduction agreement in order to participate in a
tax sheltered annuity program pursuant to IRC Section 403(b), and
1.10(b) in lieu of a non-taxable benefit under a plan which is maintained pursuant
to IRC Section 125.
Compensation shall exclude any contributions by the Employer to this or any other
employee benefit program, other than the amount(s) specifically stated herein.
In no event shall compensation as hereinbefore determined exceed the dollar
limitation or such adjusted amount as may be determined by the Secretary of Treasury
pursuant to IRC Section 401(a)(17) from time to time, provided that the adjustment
determined as of any January 1 of a calendar year by the Secretary of Treasury shall be
effective for Plan Years beginning in such calendar year. In determining the
compensation of an Employee for purposes of this limit, the rules of IRC Section
414(q)(6) shall apply, except in applying such rules, the term "family" shall include only
the spouse of the Employee and any lineal descendants of the Employee who have not
attained age nineteen (19) before the close of the year. If the adjusted limit is exceeded
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as a result of the application of such rules, then the limitation shall be prorated among
the affected individuals in proportion to each such individual's compensation as
determined under this Section prior to the application of the limit.
The appropriate dollar limitation in IRC Section 401(a)(17) shall be the amount in
effect on December 31, 1993, with respect to individuals who become Participants in the
Plan on or before December 31, 1995, until the post 1995 limits equal or exceed the
December 31, 1993 limit, in which case, said former limit shall apply. Employees who
become Participants on and after January 1, 1996, shall have the then applicable IRS
Section 401(a)(17) limits apply.
The change in the dollar limitation under IRC Section 401 (a)(17) required by the
Omnibus Budget Reconciliation Act of 1993 shall have no force and effect and any
required adjustment to the limitation shall not be considered an amendment to this Plan
until December 31, 1995.
Compensation of an Employee who is at any time simultaneously in the employ of
more than one Employer shall be the sum of such earnings received by the Employee
from all Employers.
1.11 Full -Time Regular Employee means any Employee hired to work the normal, full-time
thirty (30) to forty (40) hour workweek on a regular basis. Such Employees may be
Exempt Employees or Nonexempt Employees as defined herein:
1.11(a) An Exempt Employee means any Employee who is not required to be
paid overtime, in accordance with applicable federal wage and hour
laws, for work performed beyond forty (40) hours in a workweek. In the
Chesterfield County School District, administrators, supervisors,
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teachers, directors, assistant principals, principals, instructional
specialists, managers, and a variety of other persons,'as determined by
the Employer, occupying nonclerical, non -repetitive management and/or
administrative positions are exempt.
1.11(b) A Non -Exempt Employee means any Employee who is required to be
paid overtime at the rate of time and one-half of his regular rate of pay
for all hours worked beyond forty (40) hours in a workweek, in
accordance with applicable federal wage and hour laws.
1.12 Fund means the trust fund created in accordance with Article IV.
1.13 Highly Compensated Employee means:
1.13(a) Any employee who during the Plan Year or preceding twelve (12) month
period meets one of the following criteria --
(i) was at any time a Five Percent (5%) Owner of the Employer or
Affiliate;
(ii) received Maximum Compensation from the Employer or Affiliate .
in excess of seventy-five thousand dollars ($75,000) (or such
larger amount as may be determined by the Secretary of the
Treasury);
received Maximum Compensation from the Employer or Affiliate
in excess of fifty thousand dollars ($50,000) (or such larger
amount as may be determined by the Secretary of Treasury) and
was in the top -paid group consisting of the -top twenty percent
(20%) of the employees (considering all employees of the
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Employer or Affiliate) when ranked on the basis of Maximum
Compensation during such Plan Year; or
(iv) was at any time an officer and received Maximum Compensation
greater than fifty percent (50%) of the amount in effect under IRC
Section 415(b)(1)(A) for such Plan Year. If no officer of the
Employer or Affiliate is identified pursuant to this Section for any
Plan Year, the highest paid employee of the Employer or Affiliate
for such Plan Year shall be treated as a Highly Compensated
Employee hereunder. No more than fifty (50) employees or, if
lesser, greater of three (3) employees or ten percent (10%) of the
employees, shall be treated as officers.
An employee shall be considered a Highly Compensated
Employee for purposes of Section 1.13(a)(i) if he was a Five Percent (5%)
Owner of the Employer or Affiliate in the Plan Year of determination or the
preceding Plan Year. An employee shall not be considered a Highly
Compensated Employee for purposes of Section 1.13(a)(ii), 1.13(a)(iii)
and 1.13(a)(iv) if he was a Highly Compensated Employee in the current
Plan Year but was not a Highly Compensated Employee in the preceding
Plan Year unless such employee is a member of the group consisting of
the one hundred (100) employees paid the greatest Maximum
Compensation by the Employer or an Affiliate during the Plan Year for
which such determination is being made.
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If an employee is a Family Member of another employee who is (i)
a Five Percent (5%) Owner of the Employer or Affiliate, or (ii) one (1) of
the top ten (1 0) highest paid employees of the Employer or Affiliate in the
current or preceding Plan Year, the Maximum Compensation paid to and
Contributions made on behalf of such Family Member shall be deemed to
have been made on behalf of such employee. In calculating the Maximum
Compensation paid to such Family Member, the Maximum Compensation
of the Employee, the Employee's spouse and any lineal descendants
under the age of nineteen (19) shall be limited to the dollar limitation as
specified in Section 1. 10, as adjusted by the Secretary of Treasury.
Any former employee shall be treated as a Highly Compensated
Employee if such employee was a Highly Compensated Employee (i)
when he terminated employment, or (ii) in any year following attainment of
age fifty-five (55). In addition, an employee who works only on a de
minimis amount of service may be considered a Highly Compensated
Employee.
1.13(b) The following employees shall be excluded for purposes of determining
who is in the top -paid group under Section 1.13(a)(iii):
(i) employees who have not completed six (6) months of service;
employees who normally work less than seventeen and one-half
(17 1/2) hours per week;.
employees who normally work not more than six (6) months during
any year;
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(iv) employees who have not attained age twenty-one (21);
(v) except to the extent provided in regulations, employees who are
included in a collective bargaining agreement between employee
representatives and an Employer or Affiliate; and
(vi) employees who are nonresident aliens and who receive no earned
income, within the meaning of the IRC Section 911(d)(2), from an
Employer or Affiliate which constitutes income from sources within
the United States, within the meaning of IRC Section 861(a)(3).
1.13(c) For purposes of this Section, the following definitions shall apply:
(i) The term "Family Member" as used herein shall mean with respect
to any employee, such employee's spouse and lineal ascendants
or descendants and the spouses of such lineal ascendants or
descendants.
(ii) The term "Five Percent (5%) Owner" shall have the same meaning
as specified in IRC Section 416(1).
1.13(d) The determination of Maximum Compensation for purposes of determining
who is a Highly Compensated Employee shall be made without regard to
IRC Sections 125, 402(a)(8), and 402(h)(1)(B), and in the case of
contributions by the Employer made pursuant to a salary reduction
agreement, without regard to IRC Section 403(b).
1.14 IRC means the Internal Revenue Code of 1986, as amended from time to time. Any
reference to any section of the IRC shall be deemed to include any applicable
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regulations and rulings pertaining to such section and also shall be deemed a reference
to comparable provisions of future laws.
1.15 Limitation Year means the twelve (12) month period commencing on July land ending
on June 30.
1.16 Maximum Compensation means a Participant's earned income, wages, salaries, fees for
professional services and other amounts received for personal services actually
rendered in the course of employment with an Employer maintaining the Plan (including,
but not limited to, commissions paid salesmen, compensation for services on the basis of
a percentage of profits, commissions on insurance premiums, tips, bonuses, fringe
benefits, reimbursements and expense allowances) and excluding the following:
1.16(a) Employer contributions to a plan of deferred compensation to the extent
contributions are not included in the gross income of the Employee for the
taxable year in which contributed, or on behalf of an Employee to a
Simplified Employee Pension plan to the extent such contributions are
deductible under IRC Section 404(h), and any distributions from a plan of
deferred compensation whether or not includable in the gross income of
the Employee when distributed.
1.16(b) Amounts realized from the exercise of a non-qualified stock option, or
when restricted stock (or property) held by an Employee becomes freely
transferable or is no longer subject to a substantial risk of forfeiture;
1.16(c) Amounts realized from the sale, exchange or other disposition of stock
acquired under a qualified stock option; and
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1.16(d) Other amounts which receive special tax benefits, or contributions made
by an Employer (whether or not under a salary reduction agreement)
towards the purchase of an IRC Section 403(b) annuity contract (whether
or not the contributions are excludable from the gross income of the
Employee).
Maximum Compensation for any Limitation Year is the compensation actually paid or
includable in gross income during such year. Except for purposes of Section 6.01,
Maximum Compensation shall be limited to the dollar limitation specified in Section 1.10
or such other adjusted amount as may be determined by the Secretary of the Treasury.
This definition shall be interpreted consistent with IRC Section 415. Further, such law
and regulations shall be controlling in all determinations under this definition, inclusive of
any provisions and requirements stated thereunder but hereinabove absent.
1.17 Participant means any Employee who becomes a Participant as provided in Article II.
1.18 Plan means the Early Retirement Incentive Program for Employees of Chesterfield
County Schools, as contained herein or as duly amended.
1.19 Plan Administrator means the administrator of the Plan provided for in Article V. If a Plan
Administrator is not so appointed, the Employer shall be deemed to be the Plan
Administrator.
1.20 Plan Year means each twelve (12) month period beginning on July 1 and ending on
June 30.
1.21 Social Security Retirement Age means the retirement age under Section 216(1) of the
Social Security Act except that such Section shall be applied without regard to the age
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increase factor and as if the early retirement age under Section 216(1)(2) of such Act
were sixty-two (62).
1.22 Total and Permanent Disability or Totally and Permanently Disabled means the total
incapacity of a Participant due to bodily injury or physical or mental disease to such an
extent as to render it impossible for him to perform his customary or other comparable
duties with the Employer as determined by the Plan Administrator on the basis of
competent medical advice and such other evidence as the Plan Administrator may deem
sufficient in accordance with uniform principles consistently applied.
1.23 Trust Agreement means the agreement entered into between the Employer and the
Trustee pursuant to Article IV.
1.24 Trustee means such individual, individuals or financial institution, or a combination of
them as shall be designated in the Trust Agreement to hold in trust the assets of the
Plan and shall include any successor Trustee to the Trustee initially designated
thereunder.
1.25 Year of Service means for any Employee a stated twelve (12) month period during which
the Employee is credited with a year of service under the Virginia Retirement System.
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2.01
2.02
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ARTICLE 11
ELIGIBILITY AND PARTICIPATION
Eligibility for Participation - Each Full -Time Regular Employee on the Effective Date and
each person who becomes a Full -Time Regular Employee after such date shall become
a Participant on his date of employment. Each person who becomes a Participant shall
remain a Participant as long as he is entitled to future benefits under the terms of the
Plan.
Eligibility for Benefits - Each Participant on July 1, 1995 and each person who becomes
a Participant after such date shall become eligible for benefits provided hereunder
provided the Participant meets the following requirements:
2.02(a) the Employee is a full-time employee of the Employer retiring from a
covered position;
2.02(b) the Employee has attained at least the age of fifty (50), and has not
attained the age of sixty-two (62) by the end of the semester in which he
reaches his sixty-second (62nd) birthday;
2.02(c) the Employee is not eligible for disability retirement benefits under the
Virginia Retirement System;
2.02(d) the Employee has completed at least ten (10) Years of Service with the
Employer of which five (5) Years of Service must have been completed
immediately prior to retirement; and
202(e) the Employee has completed at, least twenty-three (23) Years of Service
as defined in the Virginia Retirement System and/or in the field of
education.
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Upon meeting the requirements specified in this Section 2.02 and upon the
completion of the service rendered in a part-time position classification for either one
hundred seventy-five (175) days, one hundred five (105) days, or eighty-eight (88) days
as specified in Section 3.01, the Participant will attain the "Normal Retirement Age"
under the plan.
2.03 Participation - Each Participant shall be eligible for Plan benefits beginning with the date
he first meets the requirements in Section 2.02. In order to commence a benefit, a
Participant must submit a written application for benefit commencement to the Plan
Administrator, or its designee, at least 90 days prior to the anticipated date of retirement.
Such application must be submitted at any time between the Employee's attainment of
age fifty (50) and the end of the semester in which the Employee attains the age of sixty-
two (62).
2.04 Reemployment of Retired Participants - A Participant receiving benefits under the Plan
shall be considered a part-time Employee and shall not be considered a Full -Time
Regular Employee.
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ARTICLE III
9
EARLY RETIREMENT INCENTIVE BENEFITS
3.01 Early Retirement Incentive Benefit - Upon becoming eligible for an early retirement
incentive benefit from the Plan, a Participant shall provide service to the Employer in a
part-time position classification as specified herein immediately following the specified
early retirement date in the same or equivalent position as when the Participant was
permanently employed by the Employer. With the approval of the Plan Administrator, or
its designee, the Participant may work in an equivalent assignment compatible with the
Participant's training, experience, qualifications and previous position. Work dates are to
be specified by the appropriate principal or director under the supervision of the Director
of Human Resources of the Employer. In the event schools are closed temporarily as a
result of an epidemic or for other necessary cause, the Employer may require such loss
of time to be made up within the school year or may extend the school year.
The Participant shall receive a monthly retirement benefit which shall commence as
of the date the Participant commences part-time employment under the provisions of the
Plan equal to one twelfth (1/12) of one percent (1%) of Final Annual Compensation
multiplied by the number of obligated days as provided in Sections 3.01(a), 3.01(b) or
3.01(c) divided by the duration of the payout period. The minimum monthly benefit
payable under Sections 3.01(a), 3.01(b) and 3.01(c) shall be fifty dollars ($50). The
amount of the monthly retirement benefit shall be determined and paid based on one of
the following options as elected by the Participant pursuant to Section 3.05 and based
on the Participant's employment classification:
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3.01(a) OPTION A - ALL FULL-TIME REGULAR EMPLOYEES - The Participant
shall provide services to the Employer in a part-time position classification
for one (1) full academic year (one hundred seventy-five (175) obligated
days) paid for a maximum period of seven (7) years and a minimum
period of five (5) years. Such benefit shall be paid twice a month during
the period the Participant is actually working in a part-time position and
shall be paid in twelve (12) monthly installments thereafter. Benefits
provided under this Option A must commence no later than the semester
following the Participant's sixtieth (60th) birthday.
3.01(b) OPTION B - LESS THAN ELEVEN (11) MONTH CONTRACT
EMPLOYEES - The Participant shall provide services to the Employer in a
part-time position classification for eighty-eight (88) obligated days paid for
a period of three (3) years. Such benefit shall be paid twice a month
during the period the Participant is actually working in a part-time position
and shall be paid in twelve (12) monthly installments thereafter. Benefits.
provided under this Option B must commence no later than the semester
following the Participant's sixty-second (62nd) birthday.
3.01(c) OPTION C - ELEVEN (11) AND TWELVE (12) MONTH FULL-TIME
REGULAR EMPLOYEES- The Participant shall provide services to the
Employer in a part-time position classification for one hundred five (105)
obligated days for a maximum period of five (5) years and a minimum
period of three (3) years. Such benefit shall be paid twice a month
during the period the Participant is actually working in a part-time
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position and shall be paid in twelve (12) monthly installments thereafter.
Benefits provided under this Option C must commence no later than the
semester following the Participant's sixty-second (62nd) birthday.
In the event the option elected by the Participant results in a lower payment than the
Employer's minimum wage rate, as published by the Employer from time to time, the
Participant shall be paid at the higher substitute or temporary rate for only the first year
or half-year, whichever is applicable. Benefits under the Plan shall cease upon the
completion of the elected installment period.
3.02 DisAbilily Benefit - Upon the Total and Permanent Disability of a Participant during the
first *year of receipt of benefits, such Participant shall receive payment for the period of
time actually worked and no additional benefits shall be payable from the plan.
3.03 Death Benefit - Upon the death of a Participant during the first year of receipt of benefits.
such Participant shall receive payment for the period of time actually worked and no
additional benefits shall be payable from the plan.
3.04 Vesting - A Participant shall be fully vested upon the attainment of his Normal Retirement
Age as specified in Section 2.02. Prior to the completion of the period that the
Participant is providing services to the Employer in a part-time as provided hereunder,
the Participant's benefit shall be paid from the general assets of the Employer. In the
event the Participant does not complete the service required based on the option elected
in Section 3.01, the benefits provided hereunder shall be forfeited. Benefit payments
made after the first year or half'year shall be made from the Fund.
3.05 Election of Payment Option - No less than ninety (90) days prior to becoming eligible for
benefits provided hereunder, each eligible Employee shall be given a written notice of his
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eligibility to commence a benefit from the Plan. The notice shall describe, in a manner
intended to be understood by the Participant, the terms and conditions of the benefits
provided under the Plan which shall include a general explanation of the financial effect
of the election or absence of election to participate.
A Participant shall make such an election by written request to the Plan Administrator
at least ninety (90) days prior to the anticipated date of retirement or, as otherwise
deemed appropriate by the Plan Administrator. Such election shall be made on forms
provided by the Plan Administrator. The Participant shall specify his election of the
payment option as specified in Section 3.01. After retirement benefit payments have
commenced, no future elections or revocations of an option will be permitted under any
circumstances.
3.06 Rollover Distributions - Notwithstanding any provision of the Plan to the contrary that
would otherwise limit a Distributee's election under this Article, a Distributee may elect, at
the time and in the manner prescribed by the Employer, to have any portion of an
Eligible Rollover Distribution paid directly to an Eligible Retirement Plan specified by the
Distributee in a Direct Rollover.
(i) Definitions.
(A) Eligible Rollover Distribution: 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)
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of the Distributee and the Distributee's designated Beneficiary, or for a
specified period of ten (10) years or more; any distribution to the extent
such distribution is required under IRC Section 401 (a)(9); and the portion
of any distribution that is not includible in gross income (determined
without regard to the exclusion for net unrealized appreciation with respect
to employer securities).
(B) Eligible Retirement Plan: An Eligible Retirement Plan is an individual
retirement account described in IRC Section 408(a), an individual
retirement annuity described in IRC Section 408(b), an annuity plan
described in IRC Section 403(a), or a qualified trust described in IRC
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.
(C) Distributee: A Distributee means 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 IRC Section 414(p), with regard to the
interest of the spouse or former spouse.
(D) Direct Rollover: A Direct Rollover is a payment by the Plan to the Eligible
Retirement Plan specified by the Distributee.
3.07 Disciplinary Action - Upon the recommendation of the division superintendent and while
the Participant is providing service to the Employer in a part-time position classification,
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the Employer reserves the right to dismiss, suspend or place on probation such
Participant. If the Participant is dismissed under this provision, the Participant shall only
be paid for services rendered.
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ARTICLE IV
FUNDING
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4.01 Contributions by the Employer - The entire cost of benefits under the Plan shall be borne
by the Employer. Benefits provided to Participant's for the first year or half year shall be
provided from the general assets of the Employer; thereafter benefits under the Plan
shall be provided through the Fund. The Employer intends to make its Contributions in
such actuarially determined amounts as shall be sufficient to provide the benefits of the
Plan as may be required by law, provided that the Employer has sufficient funds to meet
its obligations hereunder as set forth under applicable law. Funds released through
terminations of employment shall be applied to reduce the Employer's future
Contributions.
4.02 Trust Fund - The Employer shall enter into an agreement with the Trustee whereunder
the Trustee will receive, invest and administer as a trust fund all Contributions made
under this Plan in accordance with the Trust Agreement. The provisions of such Trust
Agreement are incorporated by reference as a part of the Plan, and the rights of all
persons hereunder are subject to the terms of the Trust Agreement. The Trust
Agreement specifically provides, among other things, for the investment and
reinvestment of the Fund and the income thereof, management of the Fund,
responsibilities and immunities of the Trustee, removal of the Trustee and appointment
of a successor, accounting by the Trustee and disbursement of the Fund.
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ARTICLE V
F]
FIDUCIARIES AND ADMINISTRATION OF THE PLAN
5.01 General - Each Fiduciary who is delegated specific duties or responsibilities under the
Plan or any Fiduciary who assumes such a position with the Plan shall discharge
his duties solely in the interest of Participants and Beneficiaries and for the purpose
of providing such benefits as stipulated herein to such Participants and Beneficiaries. In
carrying out such duties and responsibilities, each Fiduciary shall act with the care, skill,
prudence and diligence under the circumstances then prevailing that a prudent man
acting in a like capacity and familiar with such matters would use in exercising such
authority or duties.
A Fiduciary may serve in more than one Fiduciary capacity and may employ one or
more persons to render advice with regard to his Fiduciary responsibilities. If a Fiduciary
is serving as such without compensation, all expenses reasonably incurred by such
Fiduciary shall be reimbursed by the Employer, provided that the Fund has sufficient
funds to meet its obligations hereunder as set forth under applicable law or, at the
Employer's direction, from the Fund, provided that the Fund has sufficient funds to meet
its obligations hereunder as set forth under applicable law.
A Fiduciary may delegate any of his responsibilities for the operation and
administration of the Plan. In limitation of this right, a Fiduciary may not delegate any
responsibilities as contained herein relating to the management or control of the Fund
except through the employment of an investment manager as provided in Section 5.03
and in the Trust Agreement.
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5.02 Employer Responsibilities - The Employer established and maintains the Plan for the
benefit of its Employees and of necessity retains control of the operation and
administration of the Plan. In accordance with specific provisions of the Plan, the
Employer has, as herein indicated, delegated certain of these rights and obligations to
the Trustee and Plan Administrator and these parties shall be responsible solely for
these delegated rights and obligations.
The Employer shall supply such full and timely information for all matters relating to
the Plan as the Plan Administrator, Trustee, actuary and accountant, if any, engaged on
behalf of the Plan by the Employer may require for the effective discharge of their
respective duties.
5.03 Trustee - In accordance with the Trust Agreement, the Trustee shall have exclusive
authority and discretion to manage and control the Fund, except that the Employer in its
sole discretion may employ at any time and from time to time an investment manager to
direct the Trustee with respect to all or a designated portion of the assets comprising the
Fund.
5.04 Plan Administrator - The Employer shall appoint a Plan Administrator to hold office
during the pleasure of the Employer. No compensation shall be paid from the Fund to
the Plan Administrator for service as Plan Administrator. The Plan Administrator may
appoint a committee of not less than three (3) persons to hold office at the pleasure of
the Plan Administrator, such committee to be known as the Administrative Committee
and may be delegated such duties and discretionary authority as specified herein. No
compensation shall be paid from the Fund to members of the Administrative Committee
for service on such Administrative Committee. In the event an Administrative Committee
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is appointed, the Administrative Committee shall choose from among its members a
chairman and a secretary. Any action of the Administrative Committee shall be
determined by the vote of a majority of its members. Either the chairman or the
secretary may execute any certificate or other written direction on behalf of the
Administrative Committee.
In accordance with the provisions hereof, the Plan Administrator has been delegated
certain administrative functions relating to the Plan with the duty and discretionary
authority necessary to enable it properly to carry out such duties. The Plan Administrator
shall have no power in any way to modify, alter, add to or subtract from, any provisions
of the Plan. The Plan Administrator shall have the duty and discretionary authority to
construe the Plan and to determine all questions that may arise thereunder relating to (a)
the eligibility of individuals to participate in the Plan, (b) the amount of retirement benefit
or other benefits to which any Participant may become entitled hereunder, and (c) any
situation not specifically covered by the provisions of the Plan. All disbursements by the
Trustee, except for the payment of operating expenses of the Plan and Fund at the
direction of the Employer as provided in Section 8.10, shall be made upon, and in
accordance with, the written directions of the Plan Administrator. When the Plan
Administrator is required in the performance of its duties hereunder to administer,
construe or reach a determination under any of the provisions of the Plan, it shall do so
on a uniform, equitable and nondiscriminatory basis.
The Plan Administrator shall establish rules and procedures to be followed by
Participants in filing applications for benefits and for furnishing and verifying proofs
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necessary to establish age, Years of Service, Final Annual Compensation, and any other
matters required in order to establish their rights to benefits in accordance with the Plan.
5.05 Claims for Benefits - All claims for benefits under the Plan shall be submitted to the Plan
Administrator, which shall have the responsibility for determining the eligibility of any
Participant for benefits. All claims for benefits shall be made in writing and shall set forth
the facts which such Participant (the "applicant") believes to be sufficient to entitle him to
the benefit claimed. The Plan Administrator may adopt forms for the submission of
claims for benefits, in which case all claims for benefits shall be filed on such forms. The
Plan Administrator shall provide applicants with all such forms.
Upon receipt by the Plan Administrator of a claim for benefits, it shall determine all
facts which are necessary to establish the right of an applicant to benefits under the
provisions of the Plan and the amount thereof as herein provided. The Plan
Administrator shall either approve or deny a claim and shall investigate all questionable
claims. Upon request, the Plan Administrator shall afford any applicant the right of a
hearing with respect to any finding of fact or determination related to any claim for
benefits under the Plan. If any claim for benefits is denied, the applicant shall be notified
of such decision in accordance with the provisions of Section 5.06.
5.06 Claims Procedures - The applicant shall be notified in writing of any adverse decision
with respect to his claim within ninety (90) days after its submission. The notice shall be
written in a manner calculated to be understood by the applicant and shall include:
5.06(a) The specific reason or reasons for the denial;
5.06(b) Specific references to the pertinent Plan provisions on which the denial is
based;
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5.06(c) A description of any additional material or information necessary for the
applicant to perfect the claim and an explanation why such material or
information is necessary; and
5.06(d) An explanation of the Plan's claim review procedures.
If special circumstances require an extension of time for processing the initial claim, a
written notice of the extension and the reason therefor shall be furnished to the applicant
before the end of the initial ninety (90) day period. In no event shall such extension
exceed ninety (90) days.
If a claim for benefits is denied or the applicant has no response to such claim within
ninety (90) days of its submission (in which case the claim for benefits shall be deemed
denied), the applicant or his duly authorized representative, at the applicant's sole
expense, may appeal the denial to the Plan Administrator within sixty (60) days of the
receipt of written notice of the denial or sixty (60) days from the date such claim is
deemed denied. In pursuing such appeal, the applicant or his duly authorized
representative may:
5.06(e) request in writing that the Plan Administrator review the denial;
5.06(f) review pertinent documents; -and
5.06(g) submit issues and comments in writing.
The decision on review shall be made within sixty (60) days of receipt of the request
for review, unless special circumstances require an extension of time for processing, in
which case a decision shall be rendered as soon as possible but not later than one
hundred twenty (120) days after receipt of the request for review. If such an extension of
time is required, written notice of the extension shall be furnished to the applicant before
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the end of the original sixty (60) day period. The decision on review shall be made in
writing, shall be written in a manner calculated to be understood by the applicant, and, if
the appeal is denied, shall include specific references to the provisions of the Plan on
which the denial is based. If the decision on review is not furnished within the time
specified above, the appeal shall be deemed denied on review.
5.07 Records - All acts and determinations of the Plan Administrator shall be duly recorded,
and all such records and other documents as may be necessary in exercising its duties
under the Plan shall be preserved in the custody of the Plan Administrator. Such records
and documents at all times shall be open for inspection to, and for the purpose of making
copies by, any person designated by the Employer. The Plan Administrator shall provide
such timely information, resulting from the application of its responsibilities under the
Plan, as needed by the Trustee, actuary and accountant, if any, engaged on behalf of
the Plan by the Employer for the effective discharge of their respective duties.
5.08 Missing Persons - The Plan Administrator shall make a reasonable effort to locate all
persons entitled to benefits under the Plan; however, notwithstanding any provision in
the Plan to the contrary, if after a period of five (5) years from the date such benefit is
due, any such person entitled to benefits has not been located, his rights under the Plan
shall be forfeited. Before this provision becomes operative, the Plan Administrator shall
send a certified letter to such person at his last known address advising him that his
interest or benefits under the Plan shall be forfeited. However, if a person subsequently
makes a valid claim with respect to such forfeited benefits, his right to benefits shall be
reinstated.
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ARTICLE VI
MAXIMUM BENEFITS AND REQUIRED DISTRIBUTION OF BENEFITS
6.01 Maximum Retirement Benefit - Anything herein to the contrary notwithstanding, the
following provisions shall apply to the retirement benefits payable from the Plan and any
benefits paid to a Participant hereunder from the Virginia Retirement System. For
purposes of this Section 6.01 and Section 6.02, any reference to the Plan shall also
include the Virginia Retirement System.
6.01(a) The monthly retirement benefit payable in the form of a straight life .
annuity from the Plan on behalf of a Participant, when combined with any
benefits from any other qualified Defined Benefit Plan maintained by the
Employer or Affiliate, shall not exceed the amount provided in the
following paragraphs of this Section 6.01, as may be modified by Section
6.02. If the normal form of payment determined under Section 4.01 is
other than a straight life annuity or a qualified joint and survivor annuity,
the amount determined hereunder shall be reduced on an Actuarial
Equivalent basis to reflect such other payment form, with the exception
that the interest assumption shall in no event be less than five percent
(5%).
If a Participant has completed ten (10) or more years of participation in the
Plan, the maximum monthly benefit payable in accordance with this Section 6.01
shall be the smaller of Section 6.01(a)(i) and Section 6.01(a)(ii) following:
(i) Seven thousand five hundred dollars ($7,500), or such greater
amount determined by the Secretary of Treasury as of January 1
1169
of each calendar year. Such amount shall be the maximum
monthly amount pursuant to this Section 6.01 (a)(i) for that
calendar year and shall apply to the Limitation Year ending with or
within that calendar year.
(ii) The average monthly Maximum Compensation the Participant
received from the Employer during the three (3) consecutive
calendar years which would produce the highest such average.
Maximum Compensation for any Limitation Year is the
compensation actually paid or includible in gross income during the
year.
6.01(b) If the payment of a benefit begins before a Participant attains his Social
Security Retirement Age, the amount set forth in Section 6.01 (a)(i) shall
be reduced to the Actuarial Equivalent of such amount; provided that in no
event shall the interest assumption be less than five percent (5%).
The adjustments provided for in this section shall be made in a
manner consistent with the reduction for old age insurance benefits
commencing before the Social Security Retirement Age under the Social
Security Act until age sixty-two (62) is reached.
6.01(c) If the payment of a benefit begins after a Participant attains his Social
Security Retirement Age, the amount set forth in Section 6.01 (a)(i) shall
be increased to' the Actuarial Equivalent of such amount; provided that in
no event shall the interest assumption be greater than five percent (5%).
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6.01(d) Notwithstanding the preceding provisions of this Section 6.01, the benefits
payable with respect to a Participant under this Plan shall be deemed not
to exceed the limitations of this Section 6.01 if:
(i) The retirement benefits payable with respect to such Participant
under this Plan and under all other Defined Benefit Plans to which
the Employer contributes do not exceed ten thousand dollars
($10,000) for the applicable Plan Year and for any prior Plan Year;
and
(ii) The Employer has not at any time maintained a Defined
Contribution Plan in which the Participant participated.
6.01(e) If a Participant has completed less than ten (10) years of participation in
the Plan, the maximum monthly benefit payable in accordance with
Section 6.01(a)(i) shall be the amount determined under Section 6.01
(a)(i) multiplied by a fraction the numerator of which is the number of years
(or part thereof) of participation in the Plan and the denominator of which
is ten (10). If a Participant has completed less than ten (10) Years of
Service, the maximum benefit payable in accordance with Section 6.01
(a)(ii) and the ten thousand dollar ($1 0,000) limit of Section 6.01 (d) shall
be the amounts determined under such sections multiplied by a fraction of
the numerator of which is the number of Years of Service (or part thereof)
and the denominator of which is ten (10). However, in no event shall the
provisions of this Section 6.01 (e) reduce the limits of Sections 6.01(a)
and 6.01(d) to an amount less than one tenth (1/10th) of such limits
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without the application of this Section 6.01 (e). To the extent provided in
Regulations, this section shall be applied separately with respect to each
change in the benefit structure of the Plan.
6.01(f) If a Participant is covered by one or more Defined Benefit Plans
maintained by the Employer, all such plans shall be aggregated in
determining whether the maximum benefit limitations hereunder have
been met. Further, the maximum retirement benefit from all Plans as
noted above shall be decreased as determined necessary by the
Employer from the Early Retirement Incentive Plan for Employees of
Chesterfield County Schools to ensure that all plans will remain qualified
under the IRC. Any such adjustment by the Employer shall be
communicated in writing to the Plan Administrator and the actuary
employed on behalf of the Plan.
6.01(g) In the case of a governmental plan within the meaning of IRC Section
414(d), or a plan maintained by a not-for-profit organization (other than a
governmental unit), the following rules shall apply:
(i) The reference to Social Security Retirement Age in Section 6.01
(b) shall be replaced with "age sixty-two (62)" wherever it appears.
(ii) The following sentence shall be added to the end of Section
6.01(b): "The reduction under this Section 6.01 (b) shall not reduce
the limitation under Section 6.01(a)(i) below (A) seventy-five
thousand dollars ($75,000) if the benefit begins at or after
attainment of age fifty-five (55), or (B) if the benefit begins before
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the attainment of age fifty-five (55), the Actuarial Equivalent of the
seventy-five thousand dollar ($75,000) limitation for age fifty-five
(55)".
(iii) The reference to Social Security Retirement Age in Section 6.01
(c) shall be replaced with "age sixty-five (65)" wherever it appears.
6.02 Multiple Plan Participation - If an Employee is a Participant in one or more Defined
Benefit Plans and one or more Defined Contribution Plans maintained by the Employer,
the sum of his Defined Benefit Plan Fraction and his Defined Contribution Plan Fraction
shall not exceed 1.0 during any Limitation Year.
If the sum of the Defined Benefit Plan Fraction and the Defined Contribution Plan
Fraction exceeds 1.0 for any Limitation Year, the Employer shall adjust or freeze the rate
of benefit accrual for purposes of a Defined Benefit Plan or the amount of "Annual
Additions", as defined in IRC Section 415(c)(2), to a Defined Contribution Plan on behalf
of the Participant so that the sum of such fractions shall not exceed 1.0.
For purposes of maximum Annual Additions to Defined Contribution Plans and
maximum annual benefits payable from Defined Benefit Plans, all Defined Contribution
Plans and all Defined Benefit Plans respectively, whether or not terminated, shall be
combined and treated as one plan.
For purposes of this Section 6.02, the term, "Defined Benefit Plan Fraction" shall
mean a fraction the numerator of which is the Participant's projected annual benefit (as
defined in the Defined Benefit Plan) determined as of the close of the Limitation Year,
and the denominator of which is the lesser of:
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6.02(a) The product of 1.25 multiplied by the dollar limitation in effect in Section
6.01(a)(i) for such Limitation Year; or
6.02(b) The product of 1.4 multiplied by the amount which may be taken into
account in Section 6.01(a)(ii) with respect to each individual under the
Plan for such Limitation Year.
The term "Defined Contribution Plan Fraction" shall mean a fraction the numerator of
which is the sum of all of the Annual Additions to the Participant's individual account
under the Defined Contribution Plan as of the close of the Limitation Year, and the .
denominator of which is the sum of the lesser of the following amounts determined for
such Limitation Year, and for each prior Limitation Year of employment with the
Employer:
6.02(c) The product of 1.25 multiplied by the dollar limitation in effect pursuant to
IRC Section 415(c)(1)(A) for such year determined without regard to IRC
Section 415(c)(6); or
6.02(d) The product of 1.4 multiplied by an amount determined pursuant to IRC
Section 415(c)(1)(B) with respect to each individual under the Plan for
such Limitation Year.
The limitation on aggregate benefits from a Defined Benefit Plan and a Defined
Contribution Plan contained in IRC Section 415 shall be complied with by a reduction (if
necessary) in the Participant's benefits under the Defined Benefit Plan before a
reduction of any such Defined Contribution Plan.
6.03 Reouired Distribution of Benefits - Unless the Participant otherwise elects under the
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provisions of the Plan, any payment of benefits to the Participant shall begin not later
than sixty (60) days after the close of the Plan Year in which occurs the latest of:
6.03(a) the date on which the Participant attains his normal retirement age as
determined under the Virginia Retirement System;
6.03(b) the tenth (10th) anniversary of the date the Employee becomes a
Participant; and
6.03(c) the date the Participant terminates his service with the Employer.
Notwithstanding anything contained herein to the contrary, the entire interest of each
Participant shall begin to be distributed not later than the later of (i) April 1 of the
calendar year following the calendar year in which the Participant attains age seventy
and one-half (70 1/2) or (ii) the April 1 of the calendar year following the calendar year in
which a Participant retires, in accordance with IRC Section 401 (a)(9) and the
Regulations issued thereunder, inclusive of the minimum distribution incidental benefit
requirements of Section 1.401(a)(9)-2 of the Regulations. Benefits payable under this
Section 6.03 shall be paid in accordance with Article IV.
Distributions may be made only over one of the following periods: (a) the life of the
Participant, or the joint lives of the Participant and his designated Beneficiary, or (b) a
period certain not extending beyond the life expectancy of the Participant or the joint life
expectancy of the Participant and his designated Beneficiary.
6.03(d) If the distributions 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 in effect as of his date of death.
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6.03(e) If the designated Beneficiary is the spouse of the Participant, the
Beneficiary may elect to commence the benefit within a reasonable period
of time after the Participant's death but in no event may such election be
made later than (i) the December 31 of the calendar year immediately
following the calendar year in which the Participant died or (ii) the
December 31 of the calendar year in which the Participant would have
attained age seventy and one-half (70 1/2). The benefit may be paid over
the life or over a period certain not extending beyond the life expectancy
of the designated Beneficiary. If the spouse dies before the distribution
begins, then the five (5) year distribution requirement of Section 6.03(g)
shall apply as if the Beneficiary were the Participant.
6.03(f) If the benefit is paid to a designated Beneficiary, as defined in IRC Section
401 (a)(9)(E) inclusive of Section 1.401 (a)(9) -I D-1 and D-2 of the
Regulations, other than the Participant's spouse, the distribution shall
commence no later than December 31 of the calendar year immediately
following the calendar year in which the Participant died. The benefit may
be paid over the life or over a period certain not extended beyond the life
expectancy of the designated Beneficiary.
6.03(g) If there is no designated Beneficiary, as defined in IRC Section 401(a)(9)
inclusive of Section 1.401(a)(9) -I D-1 and D-2 of the Regulations, at the
death of the Participant, distribution of the Participant's entire interest shall
be completed by December 31 of the calendar year containing the fifth
(5th) anniversary of the Participant's death.
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6.03(h) The benefit payable under the provisions of this Plan may not be paid in
any form which would violate the required distribution requirements of this
Section 6.03.
Life expectancies shall be computed by the use of the expected return multiples in
Tables V and VI of Section 1.72-9 of the Regulations under IRC Section 72. The life
expectancy of the Participant and Spouse, if applicable, shall be recalculated annually,
unless the Participant elects otherwise.
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ARTICLE VII
F]
AMENDMENT AND TERMINATION OF THE PLAN
7.01 Amendment of the Plan - The Employer shall have the right at any time by action of the
Chesterfield County School Board and approval of the Chesterfield County Board of
Supervisors to modify, alter or amend the Plan in whole or in part; provided, that the
duties, powers and liability of the Trustee shall not be increased without its written
consent; the amount of benefits which at the time of any such modification, alteration or
amendment have accrued for any Participant hereunder shall not be affected adversely
thereby; and no such amendment shall have the effect of causing a reversion to the
Employer of any part of the principal or income of the Fund.
7.02 Termination of the Plan - The Employer expects to continue the Plan indefinitely, but
continuance is not assumed as a contractual obligation, and the Employer reserves the
right at any time by action of the Chesterfield County School Board and approval of the
Chesterfield County Board of Supervisors to terminate the Plan. If the Employer
terminates or partially terminates the Plan, or it is otherwise terminated or partially
terminated, the rights of the Participants affected thereby to benefits then accrued shall
be nonforfeitable, and the Trustee shall continue to administer the Fund as instructed by
the Plan Administrator in accordance with the provisions hereof. Notwithstanding the
above, no Participant shall have any recourse toward the satisfaction of his Accrued
Benefit other than from assets of the Plan.
The Plan Administrator shall allocate and administer the Fund to provide benefits for
Participants on the date of termination then receiving benefits in accordance with Article
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The allocation of that portion of the Fund computed above shall be based on the
method of payment of monthly benefits or death benefits as specified in the Plan.
If upon termination of its participation in the Plan, an Employer fails to pay or
reimburse the Trustee, actuary, accountant or attorney for the outstanding charges or
expenses incurred hereunder, the Trustee is empowered to satisfy such claims by lien
upon that portion of the Fund attributable to such Employer prior to making any allocation
to Participants, vested terminated Participants, retired Participants, Totally and
Permanently Disabled Participants of the Plan in accordance with this Article X.
The application of the Fund on the foregoing basis shall be calculated by the actuary
and certified to the Trustee by the Plan Administrator as of the date on which the Plan
terminated. When the calculations are completed, the interest of each Participant shall
continue to be held in the Fund pursuant to the terms of this Article VII, or at the direction
of the Plan Administrator, the appropriate portion of the Fund shall be liquidated, and
each of their interests shall be distributed to them in the form of annuity contracts,
annuity payments or installments. Any funds remaining after the satisfaction of all
liabilities to such Participants under this Plan due to erroneous actuarial computation or
assumptions shall be returned to the Employer.
7.03 Restriction on Benefits for ToI2 Twenty -Five (25) Highly Compensated Employees -
The benefit of any active or former Highly Compensated Employee, shall be limited to
a benefit that is nondiscriminatory under IRC Regulation 1.401 (a)(4) -5(b).
Benefits distributed to any of the twenty-five (25) active or former most Highly
Compensated Employees shall be restricted so that the annual payments are no greater
than an amount equal to the payment that would be made on behalf of such Highly
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Compensated Employee under a single life annuity that is the Actuarial Equivalent of the
sum of such Highly Compensated Employee's Accrued Benefit and any other benefits
under the Plan.
The preceding paragraph shall not apply if: (a) after payment of the benefit to such
Highly Compensated Employee, the value of Plan assets equals or exceeds one
hundred ten percent (1 10%) of the value of current liabilities as defined in IRC Section
412(1)(7), or (b) the value of the benefits for such Highly Compensated Employee is less
than one percent (1 %) of the value of current liabilities.
For purposes of this Section 7.03, "benefit" includes any loan in excess of the amount
set forth in IRC Section 72(p)(2)(A), any periodic income, any withdrawal value payable
to a living employee, and any death benefit not provided for by insurance on the
employee's life.
Notwithstanding the preceding, distributions of amounts in excess of the limits
provided under IRC Regulation 1.401 (a)(4)-5(b)(3)(i) are permitted, provided that an
agreement between the Highly Compensated Employee and the Employer has been
established to secure repayment to the Fund of any amount necessary for the
distribution of assets upon the termination of the Plan to satisfy IRC Section 401 (a)(4).
During any Plan Year, the amount that may be required to be repaid to the Fund is
the Restricted Amount. For purposes of this Section 7.03, the Restricted Amount is the
excess of the Accumulated Amount of distributions made to the Highly Compensated
Employee over the Accumulated Amount of the Highly Compensated Employee's
nonrestricted limit. The nonrestricted limit is equal to the payments that could have been
distributed to the Highly Compensated Employee, commencing when distribution
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commenced, had the Highly Compensated Employee received payments in the form
described in IRC Regulations 1.401 (a)(4)-5(b)(3)(i)(A) and (B). For purposes of this
Section 7.03, Accumulated Amount is the amount of a payment increased by a
reasonable amount of interest from the date the payment was made (or would have
been made) until the date of the determination of the Restricted Amount.
In order to secure the repayment obligation of the Restricted Amount, prior to the
payment of such distribution, the Highly Compensated Employee shall enter into an
agreement with the Employer. The agreement shall require the Highly Compensated
Employee, promptly upon such distribution, to deposit in escrow as security with an
acceptable depository having a fair market value equal to at least one hundred twenty-
five (125%) of the Restricted Amount. The obligation of the Highly Compensated
Employee under the repayment agreement alternatively can be secured or collateralized
by posting a bond equal to at least one hundred percent (100%) of the Restricted
Amount. For this purpose, the bond must be furnished by an insurance company,
bonding company or other surety approved by the U.S. Treasury Department as an
acceptable surety for federal bonds. A Highly Compensated Employee's obligation
under the repayment agreement can be secured by a bank letter of credit in an amount
equal to at least one hundred percent (100%) of the Restricted Amount.
Amounts in the escrow account exceeding one hundred twenty-five percent (125%) of
the Restricted Amount may be withdrawn for the Highly Compensated Employee.
Similar rules apply to the release of any liability in excess of one hundred percent (100%)
of the Restricted Amount where the repayment obligation has been secured by a bond or
a letter of credit. If the fair market value of the property in the escrow account falls below
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one hundred ten percent (1 10%) of the Restricted Amount, the Highly Compensated
Employee shall deposit additional property so as to render the fair market value of the
property held by the depository equal to one hundred twenty-five percent (125%) of the
Restricted Amount. The Highly Compensated Employee has the right to receive any
income from the property placed in escrow, subject to the obligation to maintain the
value of the property as described.
A depository may not redeliver to a Highly Compensated Employee any property held
under such an agreement, other than amounts in excess of one hundred twenty-five
percent (125%) of the Restricted Amount, and a surety or bank may not release any
liability on a bond or letter of credit unless the Plan Administrator certifies to the
depository, surety or bank that the Highly Compensated Employee (or his estate) is no
longer obligated to repay any amount under the agreement. The Plan Administrator will
make such a certification if at any time after the distribution commences, any of the
provisions of this Section 7.03(a), (b) or (c) are met, or if the Plan has terminated and the
benefit received by the Highly Compensated Employee is nondiscriminatory. Such a
certification by the Plan Administrator terminates the agreement between the Highly
Compensated Employee and the Employer..
41
ARTICLE VIII
MISCELLANEOUS
8.01 Governing Law - The Plan shall be construed, regulated and administered according
to the laws of the Commonwealth of Virginia, except in those areas preempted by the
laws of the United States of America. Any legal action arising out of the alleged
performance, non-performance or breach of this agreement shall be instituted and
prosecuted in the circuit court of the County of Chesterfield, Virginia, and in no other
state or federal court or agency unless required by law to be heard in another court
jurisdiction.
8.02 Construction- The headings and subheadings in the Plan have been inserted for
convenience of reference only and shall not affect the construction of the provisions
hereof. In any necessary construction, the masculine shall include the feminine and
the singular the plural, and vice versa.
8.03 No Employment Contract - This Plan shall not be deemed to constitute a contract
between the Employer and any Participant or to be a consideration or inducement for
the employment of any Participant or employee. No Participant shall acquire any right
to be retained in the Employer's employ by virtue of the Plan, nor upon his dismissal
or voluntary termination of employment, shall he have any right or interest in and to
the Fund other than as specifically provided herein. Except to the extent required by
law, the Employer shall not be liable for the payment of any benefit provided for
herein; all benefits hereunder shall be payable only from the Fund and only to the
extent that the Fund is sufficient therefor.
42
183
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F]
8.04 Receipt Prior to Payment - The Trustee, Plan Administrator, or Employer, jointly or
severally, may, but need not, require a written receipt as a condition precedent to any
payment called for by the Plan to be made to Participants or to their heirs,
successors, executors and legal representatives.
8.05 Payments to Incompetents - In the sole judgment of the Plan Administrator, if any
Participant is physically or mentally incapable of personally receiving and giving a
valid receipt for any payment due him under the Plan, the Plan Administrator may
make such payment or any part thereof to or for the benefit of such Participant or
directly to or for the benefit of any person determined by the Plan Administrator to
have incurred expense or assumed responsibility for the expenses of such
Participant.
8.06 Non -alienability of Benefits - No benefits or other amounts payable under the Plan shall
be subject in any manner to anticipation, sale, transfer, assignment, pledge,
encumbrance, charge or alienation. If the Plan Administrator determines that any person
entitled to any payments under the Plan has become insolvent or bankrupt or has
attempted to anticipate, sell, transfer, assign, pledge, encumber, charge or otherwise in
any manner alienate any benefit or other amount payable to him under the Plan or that
there is any danger of any levy or attachment or other court process or encumbrance on
the part of any creditor of such person entitled to payments under the Plan, against any
benefit or other amounts payable to such person, the Plan Administrator may, at any
time, in its discretion, direct the Trustee to withhold any or all payments to such person
under the Plan and apply the same for the benefit of such person in such manner and in
such proportion as the Plan Administrator may deem proper. Notwithstanding anything
43
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M
M
contained herein to the contrary, with respect to a debt due by the Participant to the
Employer, a Participant in pay status may assign or alienate rights to future benefit
payments provided that any such assignment or alienation:
(i) is voluntary and revocable,
(ii) does not exceed ten percent (10%) of any benefit payment, and
(iii) is neither for the purpose, nor has the effect, of defraying plan administrative
costs.
Notwithstanding anything contained herein to the contrary, upon the receipt by the
Plan of a Domestic Relations Order, the following provisions of this Section 8.06 shall
become effective.
8.06(a) Determination of Qualified Domestic Relations Order - Upon receipt by
the Plan of a Domestic Relations Order, the Plan Administrator shall
promptly notify the Participant and any Alternate Payee of such receipt
and the Plan's procedures for determining if such order is a Qualified
Domestic Relations Order. In accordance with reasonable procedures
established by the Plan Administrator, the Plan Administrator shall
determine whether such order is a Qualified Domestic Relations Order
and shall notify the Participant and Alternate Payee of such determination
within a reasonable time thereafter. Notwithstanding anything contained
herein to the contrary, if a benefit is being paid pursuant to a Domestic
Relations Order on January 1, 1985, such order shall be considered to be
a Qualified Domestic Relations Order. During the period of time in which
the Plan Administrator is making the determination of whether the
44
185
M
Domestic Relations Order is a Qualified Domestic Relations Order, the
Plan Administrator shall segregate in a separate account in the Plan or in
an escrow account the amounts which would have been payable to the
Alternate Payee during such period if the order had been determined to
be a Qualified Domestic Relations Order.
In the case of any payment before a Participant has separated
from service with the Employer, a Domestic Relations Order shall be a
Qualified Domestic Relations Order regardless of the fact that such order
requires that payment of benefits be made to an Alternate Payee
(i) on or after the date which the Participant attains or first would
have attained his retirement date,
(ii) as if the Participant had retired on the date on which such
payment is to begin under such order taking into account only the
present value of the benefits actually accrued and not taking into
account the present value of any Employer subsidy for early
retirement based on the interest rate specified in the Plan or, if no
rate is specified, five percent (5%), and
(iii) in any form in which such benefit may be paid under the Plan to
the Participant (other than in the form of a joint and survivor
annuity with respect to the Alternate Payee and his or her
subsequent spouse).
8.06(b) Payment to Alternate Payee - If the Domestic Relations Order is
determined to be a Qualified Domestic Relations Order within eighteen
45
186
M
F]
(18) months, the Plan Administrator shall pay the segregated amounts to
the person or persons entitled thereto.
If it is determined that the order is not a Qualified Domestic
Relations Order or the issue as to whether such order is a Qualified
Domestic Relations Order is not resolved within eighteen (18) months,
then the Plan Administrator shall pay the segregated amount to the
person who would have been entitled to such amounts as if there had
been no order.
Any determination that an order is a Qualified Domestic Relations Order
which is made after the close of the eighteen (1 8) month period shall be
applied prospectively only.
8.06(c) Definitions - For purposes of this Section 13.06, the following definitions
shall be applicable:
(i) Alternate Payee means any spouse, child or other dependent of a
Participant who is recognized by a Domestic Relations Order as
having a right to receive all, or a portion of, the benefits payable
under a Plan with respect to such Participant.
(ii) Domestic Relations Order - Any judgment, decree or order
(including approval of a property settlement agreement) which
(A) relates to the provisions of child support, alimony
payments, or marital property rights to a spouse, child or
other dependent of a Participant, and
187
(B) is made pursuant to a state domestic relations law
(including a community property law).
Qualified Domestic Relations Order - A Domestic Relations Order
which creates or recognizes the existence of an Alternate Payee's
right to, or assigns to an Alternate Payee the right to, receive all or
a portion of the benefits payable with respect to a Participant under
the Plan; provided that such Domestic Relations Order clearly
specifies
(A) the name and last known mailing address (if any) of the
Participant and the name and mailing address of each
Alternate Payee covered by the order,
(B) the amount or percentage of the Participant's benefit to be
paid by the Plan to each Alternate Payee or the manner in
which such amount or percentage is to be determined,
(C) the number of payments or period to which such order
applies, and
(D) each plan to which such order applies.
A Domestic Relations Order meets the requirements
of this subsection only if such order does not require the
Plan
(1) to provide any type or form of benefits, or any
optional payment form, not otherwise provided
under the Plan,
47
INS
(2) to provide increased benefits (determined on the
basis of Actuarial Equivalent value), or
(3) to make payment of benefits to an Alternate Payee
which are required to be paid to another Alternate
Payee under another order previously determined to
be a Qualified Domestic Relations Order.
8.06(d) Establishment of Plan Procedures - For purposes of this Section 8.06,
reasonable procedures shall be established under the Plan to determine
the qualified status of Domestic Relations Orders and to administer
distributions under Qualified Domestic Relations Orders. The procedures
established by the Plan shall:
(i) be set forth in writing,
(ii) provide for the notification of each person specified in a Domestic
Relations Order as entitled to payment of benefits under the Plan
(at the address included in the Domestic Relations Order) of such
procedures promptly upon receipt by the Plan of the Domestic
Relations Order, and
(iii) permit an Alternate Payee to designate a representative for receipt
of copies of notices that are sent to the Alternate Payee with
respect to a Domestic Relations Order.
8.07 Merger of Plans - If the Plan is merged or consolidated with another plan or assets or
liabilities of the Plan are transferred to another plan, each then Participant shall not, as a
result of such event, be entitled on the day following such merger, consolidation or
1 N9
M
9
transfer under the termination of Plan provisions to a lesser benefit than the benefit to
which he was entitled to on the date prior to the merger, consolidation or transfer if the
Plan had then terminated.
8.08 Mistake of Fact - Notwithstanding anything herein to the contrary, there shall be returned
to the Employer any Contribution which was made as follows:
8.08(a) By a mistake of fact, as determined by the Internal Revenue Service or in
such other manner as the Internal Revenue Service may permit;
8.08(b) Prior to the receipt of initial qualification; provided that the Plan received
an adverse determination with respect to its initial qualification, and the
application for determination of initial qualification was made by the time
prescribed by law for filing the Employer's tax return for the taxable year in
which the Plan was adopted, or such later date as the Secretary of
Treasury may prescribe; or
8.08(c) In an amount that exceeded the deductible limits on such Contribution as
set forth under IRC Section 404, as determined by the Internal Revenue
Service or in such other manner as the Internal Revenue Service may
permit.
The return of any Contribution as hereinbefore provided shall be made within one (1)
year after the payment of the Contribution, denial of the initial qualification or
disallowance of the deduction (to the extent disallowed), whichever is applicable. Any
Contribution returned due to mistake of fact under Section 8.08(a) or disallowance of a
tax deduction under Section 8.08(c) shall be reduced by its share of the losses and
expenses of the Fund but shall not be increased by income or gains of the Fund. Any
190
Contribution returned to the Employer due to denial of initial qualification under Section
8.08(b) shall be equal to the entire assets of the Plan attributable to Contributions by the
Employer.
8.09 Exclusive Benefit - The Employer shall not be entitled to any part of the corpus or income
of the Fund, and no part thereof shall be used for or diverted to purposes other than for
the exclusive benefit of Participants hereunder except as provided in Sections 8.08 and
8.10.
8.10 Expenses - The operating expenses of the Plan and Fund shall be paid upon the
direction of the Employer from the Fund. The determination of whether expenses may
be charged against the Fund shall be made by the Employer.
8.11 Counterparts -The Plan and the Trust Agreement maybe executed in any number of
counterparts, each of which shall constitute but one and the same instrument and may
be sufficiently evidenced by any one counterpart.
50
J-91.
n
ADOPTION OF THE PLAN
n
Notwithstanding anything contained herein to the contrary, this Plan is created and
maintained under the condition that it is approved and qualified by the Internal Revenue Service
under IRC Section 401(a) and that the Trust hereunder is exempt under IRC Section 501(a), or
under any comparable Section[s] of any future legislation which amends, supplements or
supersedes such Section[s].
If the Internal Revenue Service determines that the Plan is not qualified and that the Trust
hereunder is not exempt, any Contributions which the Employer may have made prior to the
initial determination as to the qualified status of the Plan shall be returned to the Employer in
accordance with Section 8.08.
As evidence of its adoption of the Plan, the Chesterfield County School Board has
caused this instrument to be signed by its duly authorized officers and its corporate seal is
affixed hereto this 22nd day of December 1995.
ATTEST:
By:
2 --
Thomas R. Fulg
Superintendent
1ACMEARLYRET.DOC
51
CHESTERFIELD COUNTY SCHOOL BOARD
By: r
(Title)
Marshall W. Trammell, Jr.
Chairman
192 �-
2
A
APPENDIX
ACTUARIAL EQUIVALENT FACTORS
Pursuant to the provisions of Section 1.02 of the Plan, the following bases are hereby adopted,
effective July 1, 1995, for the computation of Actuarial Equivalents under the Plan.
Mortality - UP -1984 Table set back two (2) years
Interest - 7.5%
52
APPENDIX
ACTUARIAL EQUIVALENT FACTORS
Pursuant to the provisions of Section 1.02 of the Plan, the following bases are hereby adopted,
effective July 1, 1995, for the computation of Actuarial Equivalents under the Plan.
Mortality - UP -1984 Table set back two (2) years
Interest - 7.5%
53
19
A
NOTICE TO INTERESTED PARTIES
1. Notice to: All Active Employees (and all Former Employees with a Non -Forfeitable
Right to a Benefit)
An application is to be made to the Internal Revenue Service for an advance determination on
the qualification of the following employee pension benefit plan:
2. Name of Plan: Early Retirement Incentive Plan for Employees of Chesterfield County
Schools
3, Plan Number. 001
4. Name and address of applicant
and plan -administrator:
5. Applicant EIN: 54-6001210
Chesterfield County Public Schools
P.O. Box 10
Chesterfield, Virginia 23832
6. The application will be filed on 12/22/95 with the Key District Director,
Internal Revenue Service at P. O. Box 17288, Baltimore, Maryland 21203, for an
advance determination as to whether the plan meets the qualification requirements of
section 401 of the Internal Revenue Code of 1986, with respect to the plan's initis!
qualification.
7. Each regular full-time employee of the employer is eligible to participate under the plan;
each eligible employee participates in the plan immediately upon date of hire.
6. The Internal Revenue Service has not previously issued a determination letter with
respect to the qualification of this plan.
RIGHTS OF INTERESTED PARTIES
9. You have the right to submit to the Key District Director, at the above address, either
individually or jointly with other interested parties, your comments as to whether this plan
meets the qualification requirements of the Internal Revenue Code.
You may, instead, individually or jointly with other interested parties, request the
Department of Labor to submit, on your behalf, comments to the Key District Director
regarding qualification of the plan. If the Department declines to comment on all or
some of the matters you raise, you may, individually, or jointly -if your request was mad*
to the Department jointly, submit your comments on these matters directly to the Key
District Director.
1 !js
M
REQUESTS FOR COMMENTS BY THE DEPARTMENT OF LABOR
10. The Department of Labor may not comment on behalf of interested parties unless
requested to do so by the lesser of 10 employees or 10% of the employees who qualify
as interested parties. The number of persons needed for the Department to comment
with respect to this plan is 10. If you request the Department to comment, your
comment must be in writing and must specify the matters upon which comments are
requested, and must also include:
(1) the information contained in items 2 through 5 of this Notice and
(2) the number of persons needed for the Department to comment.
A request to the Department to comment should be addressed as follows:
Deputy Assistant Secretary
Pension and Welfare Benefits Administration
U. S. Department of Labor
200 Constitution Avenue, N.W.
Washington, D.C. 20210
Attn: 3001 Comment Request
COMMENTS TO THE INTERNAL REVENUE SERVICE
11. Comments submitted by you to the Key District Director must be in writing and received
by him by 2/5/96 . However, if there are matters that you request the
Department of Labor to comment upon on your behalf, and the Department declines,
you may submit comments on these matters to the Key District Director to be received
by him within 15 days from the time the Department notifies you that it will not comment
on a particular matter, or , 2/5/96 , whichever is later. (In no event may the
request be received later than the 60th day after the application for determination was
received.) -A request to the Department to comment on your behalf must be received by
it by 1/6/96 if you wish to Preserve your right to comment on a matter
upon which the Department declines to comment, or by 1/16/96 if you
wish to waive that right.
ADDITIONAL INFORMATION
12. Detailed instructions regarding the requirements for notification of interested parties may
be found in sections 17, 18 and 19 of Revenue Procedure 95-6. Additional information
concerning this application (including where applicable, an updated copy of the plan and
related trust; the application for determination; any additional documents dealing with the
application that have been submitted to the IRS; and copies of section 17 of Revenue
Procedure 95-6) is available at OFFICE/ASS' T SUP OF FIN during the hours of _
.8: 00 - 4: 30 for inspection and copying. (There is a nominal charge for copying
and/or mailing.)
'
SAN 50030
<
5300 > Application for OMB No. 1545-0197
Expires 11-30-95
• <
Rev 11/92 > Determination for Employee Benefit Plan For IRS Use Only
File folder number ►
Department of the Treasury (Under sections 401(a) and Sol (a) of the Internal Revenue Code) Case number ►
Internal Revenue Service
Note: User fee must be attached to this application. (See What To File.) Enter amount of user fee submitted 700
The
information provided on this form will be read by computer. Therefore page 1 must be typed (except the signature). Please enter
information exactly as requested and only in the space provided. Do not type in areas that are shaded.
Review the Procedural Requirements Checklist on page 4 before submitting this application.
1a
Name of plan sponsor (employer if single -employer plan) ib Employer identification number
G
Chesterfield County Public Schools > < 54-6001210
>
Number, street and room or suite no. (If a P.O. box, see instructions.) 1C Employer's tax yearends-Enter N/A
G
P.O. Boz 10 > or (MM) 06
City State ZIP code id Telephone number
<
Chesterfield > < VA > < 23832 > ( 804 ) 751-4997
2
Person to be contacted if more information is needed. (See instructions.) (If the same
as line la, leave blank.) (Complete even if a Power of Attorney is attached):
Name
<
Elizabeth Smorto
>
Number, street, and room or suite no. (If a P.O. box, see instructions.)
<
P. O. Boz 27506
>
City State ZIP code Telephone number
<
Richmond > < VA > < 23216 > ( 804 ) 527-2420
3a
Determination requested for (enter applicable number(s) at left and fill in required information).
(See instructions.)
<
1 > Enter 1 for Initial Qualification—Date plan signed . . . . . . . , December 22, 1995
<
> Enter 2 for Amendment after initial qualification—Is plan restated? . . . Yes < > No <
>
Date amendment signed - - — Date amendment effective
<
> Enter 3 for Affiliated Service Group status (section 414(m))—Date effective
<
> Enter 4 for leased Employee Status
<
> Enter 5 for Partial termination—Date effective
b
Has the plan received a determination letter? If "Yes," submit a copy of the latest letter Yes < > No G X
>
c
Have interested parties (as defined in Treasury Regulations section 1.7476-1) been given the
required notification of this application? . . . . . . . . . . . . . . . . . Yes < X > No G
>
d
Does the plan have a cash or deferred arrangement, or employee or matching contributions
(section 401(k) or (m))? • . . . . . . . . . . . . . . . . . . . . . Yes < > No G X
>
Name of Plan: Early Retirement Incentive Plan for Employees of
>
4a
< Chesterfield County Schools
<
001 > b Enter plan number (3 digits) 070195 d Enter date plan effective (MMDOYYI
<
0630 > c Enter date plan year ends (MMDD) < 3,334 > e Enter number of participants in plan
5a
If this is a defined benefit plan, enter the appropriate number in box at left.
<
3 > Enter 1 for unit benefit Enter 3 for flat benefit
Enter 2 for fixed benefit Enter 4 for other (Specify)
b
If this is a defined contribution plan, enter the appropriate number in box at left.
<
> Enter 1 for profit sharing Enter 4 for target benefit
Enter 2 for stock bonus Enter 5 for ESOP
Enter 3 for money purchase Enter 6 for other (Specify)
6a
Is the employer a member of an affiliated service group?
<
2 > Enter 1 If "Yes" Enter 2 'If "No" Enter 3 if "Not Certain"
b
Is the employer a member of a controlled group of corporations or a group of trades or businesses under common control?
<
2 > Enter 1 if "Yes" Enter 2 if "No"
7
Enter type of plan:
<
1 > Enter 1 R governmental plan Enter 2 if church plan not subject to ERISA (see instructions)
Enter 3 if multiple employer plan (described in section 413(c)). Enter number of participating employers
Enter 4 if section 412(1) plan Enter 5 if other
Under penalties of perjury, I declare that I have examined this application, including accompanying statements, and to the best of my knowledge and belief, .t s
• w,
correct, and complete. 197
Signature P. fl, �� Title ►Assistant Superintendent for Fi$gpiii;e December
22, 199
Instructions are separat age 1 for Paperwork Reduction Act Notice. Form 5300 (Rev ' • -921
" Plan document will be si ed upon receipt of a favorable determination from the IRS
Form 5300 (Rev. 11-92) Led YJ
Paye 2
8a
Do you maintain any other qualified plan(s)? (See instructions.) . . . . . . . . . . . . . . . .
❑ Yes ® No
If "No," skip to line 8c.
b
If this is a defined contribution plan and you also maintain a defined benefit plan, or if this is a defined benefit
plan and you also maintain a defined contribution plan, when the plan is top-heavy, do non -key employees
covered under both plans receive:
❑ Yes ❑ No
(1) the top-heavy minimum benefit under the defined benefit plan? . . . . . . . . . . . . . .
❑ Yes ❑ No
(2) at least a 5% minimum contribution under the defined contribution plan? . . . . . . . . . . .
(3) the minimum benefit offset by benefits provided by the defined contribution plan? . . . . . . . .
❑ Yes ❑ No
(4) benefits under both plans that, using a comparability analysis, are at least equal to the minimum benefit?
. .
Yes E] No
(See instructions.) . . . . . . . . . . . . . . . . . . . . . . . . . .
c
Do the provisions of the plan preclude the possibility that the section 415 limitations will be exceeded for
® Yes ❑ No
any employee who is (or has been) a participant in this plan and any other plan of the employer? . . . . .
9
COVERAGE (See instructions.):
El Yes No
a
Is the employer applying the separate line of business rules of section 414(r)? . . . . . . . . . . .
b
(If "Yes," see instructions.)
Does the employer receive services from any leased employees within the meaning of section 414(n)? . . . .
® Yes ❑ No
c
Coverage of plan at (give date) . . . . . . . . . . . . . . . . . . . . . . . . •
1/01/95
d
Enter. the percentage of nonhighly compensated employees who benefit under the plan, excluding
employees who benefit only under a part of the plan containing a CODA or employee or matching
El N/A
100.00 %
contributions. (If 70% or more, skip line 9e and go to line 9f.) . . . . . . . . . . .
e
Divide the percentage of nonhighly compensated employees who benefit under the plan (line
9d) by the percentage of highly compensated employees who benefit under the plan, excluding
employees who only benefit under a part of the plan containing a CODA or employee or matching
® N/A
contributions . . . . . . . . . . . . . . . . . . . . . . . . . . .
f If the plan contains a CODA, compute the ratio in line 9e above on the basis of employees
eligible to make elective deferrals under the CODA portion of the plan . . . . . . . . . ® N/A
g If the plan provides for employee or matching contributions, compute the ratio in line 9e above
on the basis of employees eligible to make employee contributions or to receive matching
contributions under the plan . . . . . . . . . . . . . . . . . . . . . . ® N/A
h Are the results in line 9e, 9f, or 9g based on the aggregated coverage of more than one plan? . . . . ❑ Yes ® No
(If "Yes," see instructions.)
I If line 9e, 91, or 9g is less than 70%, does the plan pass the average benefit test? . . . . . . ® N/A ❑ Yes ❑ No
(1) Enter the safe harbor percentage . . . . . . . . . . . . . . . . . . . . . . .
(2) Enter the average benefit percentage. (See instructions.) . . . . . . . . . . . . . . .
Enter total number of employees 5,858
L.0 LJ
3
Form 5300 (Rev. 11-92)Page
Yes No
10 PERMITTED DISPARITY:
a If the plan provides for disparity in contributions or benefits, is the plan intended to most the requirements of
section 401(1)? . . . . . . . . . . . . . . . . . . . . . . .If N/A, do not complete lines 10b through 101. If "Yes" or "No," complete lines 10b through 10f. (See instructions.)b
In the case of a defined contribution plan, does the excess contribution percentage exceed the base contribution
JA
percentage by a uniform amount that does not exceed the maximum excess allowance? . . . . . . . . .Base
Contribution Percentage Excess Contribution Percentage
c In the case of a defined benefit excess plan, does the excess benefit percentage exceed the base benefit
percentage by a uniform amount no greater than the maximum excess allowance? . . . . . . . . .
Base Benefit Percentage Excess Benefit Percentage
d In the case of a defined benefit offset plan, are the gross benefit percentage and the offset uniform and is the
offset less than the maximum offset allowance? . . . . . . . . . . . . . . . . . . • • •;X;
Gross Benefit Percentage Offset
e What is the plan's integration/offset level?
f In the case of a defined benefit plan, does the plan adjust the .75% factor for benefits commencing at ages other
than social security retirement age in accordance with Treasury Regulations section 1.401(1)-3(e)? .
11 General eligibility requirements—Complete lines 11a, 11b, and 11c below.
a Check one box:
(1) ❑ All employees
(2) ❑ Hourly rate employees only
(3) ❑ Salaried employees only
(4) ® Other (Specify) all full-time employees
b Length of service (number of years) ® N/A
c Minimum age (Specify) ® WA
12 Vesting:
Check one box to indicate the vesting provisions of the plan:
a ❑ Full and immediate.
b ❑ Full vesting after 2 years of service.
c ❑ Full vesting after 3 years of service.
d ❑ Full vesting after 5 years of service.
a❑ 6 year graded vesting.
f ❑ 3 to 7 year graded vesting.
g ® Other (Specify) (See instructions and attach schedule.) Upon attainment of retirement age under plan
13 Benefits and requirements for benefits:
a For defined benefit plans—Method for determining accrued benefit: n/a
(1) Benefit formula at normal retirement age is n/a
(2) Benefit formula at early retirement age is see attached
(3) Normal form of retirement benefit is Temporary annuity
b For defined contribution plans—Employer contributions:
(1) Profit-sharing or stock bonus plan contributions are determined under:
❑ A definite formula ❑ An indefinite formula ❑ Bah
(2) Money purchase—Enter rate of contribution
(3) State target benefit formula
N/A Yes No
14 Miscellaneous Provisions:
a Does any amendment to the plan reduce or eliminate any section 411(d)(6) protected benefit? (See instructions.)
X
b Are contributions or benefits allocated on the basis of total compensation within the meaning of section 414(s)?
If "No," explain. (See instructions.) . . . . . . . . . . . . . . • • • • • • • • • • • •
X
c Are forfeitures allocated, in the case of a defined contribution plan, on the basis of total compensation within the
meaning of section 414(s)? If "No," explain . . . . . . . . . . . . . . . . . • • • •
X
d Are trust earnings and losses allocated on the basis of account balances in a defined contribution plan? . . .
X
e Is this plan or trust currently under examination or is any issue related to this plan or trust currently pending
before the Internal Revenue Service, the Department of Labor, the Pension Benefit Guaranty Corporation, or any
court? if "Yes," attach an explanation . . . . . . . . . . . . . . . . . • • • • • • • •
X
f Does the plan comply with the annual compensation limit of section 401(a)(17)? (See instructions.) . . . . .
X
g If this is a defined benefit plan, does the plan contain the pre -termination restrictions of Treasury Regulations
section 1.401(a)(4) -(5)(b)? . . .
X
Form 3300 (Rev. 11-92) Page 4
Procedural Requirements Checklist
This checklist identifies certain basic data required to process this application. The checklist identifies items that MUST be included with
the application. Completion of this checklist is optional and is for the benefit of the plan sponsor.
Yes I No
a Is Form 5302, Employee Census, attached? . . . . . . . . . . . . . . . . . . . . . • • • •
X
b Is Form 8717, User Fee for Employee Plan Determination Letter Request, and the appropriate user fee attached? . . . X
c Is a copy of the plan attached? (Initial applications and Restated plans only) . . . . . . . . . . . . X
d Is a copy of the plan's latest determination letter attached? (Previously approved plans only) . . . . . . . . . .
e Are the appropriate certifications, designations, and demonstrations attached? . . . . . . . . . . . X
f Have you submitted the OCR data sheet? . . . . . . . . . . . . . . . . . . . . . . . X
g Have you signed the application? . . . . . . . . . . . . . . . . . . . . . . . . . . . X
h Is the plan sponsor's 9 -digit employer identificaion number entered on line lb? . . . . . . . . . . . . . X
I If appropriate, is Form 2848, Power of Attorney and Declaration of Representative, attached? See Disclosure Requested
by Taxpayer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
J Is the effective date of the plan entered on line 4d? . . . . . . . . . . . . . . . . . . . X
k Affiliated Service Groups, Controlled Groups or Entities Under Common Control—Is the information requested
under What To File and the line 6 instructions attached? . . . . . . . . . . . . . . . . . . . . .
I Multiple -Employer Plans—Is the information required under What To File, Specific Plans, item 7, attached? . . . .
m ESOPs—is Form 5309, Application for Determination of Employee Stock Ownership Plan, attached? .
ALL APPLICATIONS ARE SCREENED BY COMPUTER. FAILURE TO INCLUDE A REQUIRED ITEM WILL RESULT
IN THE RETURN OF THIS APPLICATION TO YOU.
200
(W 4
ATTACHMENT TO 5300 FORM
Employer: Chesterfield County Public Schools
EIN: 54-6001210
Plan: Early Retirement Incentive Plan for Employees of Chesterfield County Schools
Plan Number: 001
Question #13(a)(2) -Benefit Formula at Normal Retirement Age is:
a) for all regular full-time employees:
1% times FAC times 175 divided by the duration of the payout (minimum of 5 years and a
maximum of 7 years).
b) for all less than 11 month contract employees:
1 % times FAC times 88 divided by 3.
c) for all less than 11 and 12 -month full-time regular employees:
1 % times FAC times 105 divided by the duration of the payout (minimum of 3 years and a
maximum of 5 years).
()I
8717
ser Fee for Employee Plan
Form 5300 . . . . . . . . . . . . . . . . . . . . . . . . . .
SAN 50030
For IRS Use CWy
Form
❑
Form 5303 . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . 1,250
(Rev. January 1994)
Determination Letter Request
Form 5307 . . . . . . . . . . . . . . . . . . . . . . . . . .
Control number
Department of the Treasury
Internal Revenue Service
► Attach to determination letter applications.
Form 5310 . . . . . . . . . . . . . . . . . . . . . . . . . .
Amount paid
User fee screener
1 Sponsor's name
❑
2 Sponsor's employer identification number
Chesterfield County Public Schools
f
54-6001210
3 Plan name Early Retirement Incentive Plan for Employees ofI 4 Plan number
Chesterfield Countv Schools 001
Request for Letter Covering Average Benefit Test and/or Any General Test Fee
5a
❑
Form 5300 . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . $1,250
b
❑
Form 5303 . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . 1,250
c
❑
Form 5307 . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . 1,000
d
❑
Form 5310 . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . 375
e
❑
Multiple employer plans (Form 5300):
. . . . . . . . . 123
f
(1)
❑ 2 to 10 employers . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . 1.250
(2)
❑ 11 to 99 employers . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . 2.000
(3)
❑ 100 to 499 employers . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . 3.500
(4)
❑ Over 499 employers . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . 8.500
Request for Letter Not Covering Average Benefit Test or Any General Test
Fee
6a
®
Form 5300 . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . S 700
b
❑
Form 5303 . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . 700
c
❑
Form 5307 . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . 123
d
❑
Form 5310 . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . 223
e
❑
Form 6406 . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . 123
f
❑
Multiple employer plans (Form 5300):
(1)
❑ 2 to to employers . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . 700
(2)
❑ 11 to 99 employers . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . 1.400
(3)
❑ 100 to 499 employers . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . 2 800
(4)
❑ Over 499 employers . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . 5.600
g
❑
Volume submitter specimen plan . . . . . . . . . . . . . . . . . . .
. . . . . . . . . 1 500
(1)
❑ Non -model amendments . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . 400
h
❑
Form 4461 or Form 4461-A (regional prototype plan) . . . . . . . . . . . . .
. . . . . . . . . 1 500
(1)
❑ Non -model amendments . . . . . . . . . . . . . . .. . . . . .
. . . . . . . . . 400
i
❑
Form 4461-B (adopter of mass submitter regional prototype plan) . . . . . . . . .
. . . . . . . . . 100
1
❑
Group trust . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . 750
Form 0/ 1 / (Rev. 1 -NI
Gi
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swof
- KIP W-1:1
CHEt mit= �vv
7
SEVEN fiUkDRIE-0- 001*"�4w Na CENTS
VOID AFTER 90 DAYS -
PAY TO THE ORDER, OF DATE- CHECK AMOUNT
INTERNAL REVENUE SERVICE 12/20/95 **************700.00.
P*0* BOX 17288
BALTIMORE9 MD 21203
CENTRAL FIDELITY BANK
"*�TRE_A_STRERo!=
"acounTnommisT Aj3fl--�''0
VIRGINIA
11@44 SO 3 409 ilo'O 5 LOOO 2 S 31:L 79 111 L 20 3akiilq!=
CHESTERFIELD COUNTY 712/za/951-. 445037
CHESTERFIELD, VA. 23832-0040
APO f -l- 5967
L
THE =D CHECK IS IN PAYMENT FOR ITEMS DESCRIBED ABOVE.
0-10
o,03
40 APPENDIX A 4
Employer: Chesterfield County Public Schools EIN: 54-6001210
Plan Name: Early Retirement Incentive Plan for Employees of Chesterfield County Schools
PART 1
Enter letter (A-1): B Enter the letter that describes the plan. Enter only one letter.
PART II
Plan #: 001
1.
❑ Yes ® No
Are you using the separate line of business rules of §414(r) in testing whether
the plan satisfies §401(a)(26) or §410(b)? If yes, attach Demonstration 1.
2.
® Yes ❑ No
Have you attached a demonstration that the plan satisfies §401(a)(26)? Label
this Demonstration 2. If you entered C, D, E or F in Part I, skip to Part IV. If
you entered G, skip to Part ll. If you entered H or 1, continue with question 3.
3.
❑ Yes ❑ No
Are you requesting a determination that other specified benefits, rights or
® N/A until 1999
features are currently available? If yes, attach the required demonstration for
each other BRF and label it Demonstration 3. Otherwise answer "no".
4.
Mandatorily Disaggregated
Is the plan mandatorily disaggregated, permissively aggregated, or
❑ Yes ® No
restructured?
Permissively Aggregated
If yes, attach Demonstration 4.
❑Yes ® No
Note: Do not answer this question "yes" if the plan is disaggregated solely
Restructured
because it benefits both collectively bargained and noncollectively bargained
❑ Yes ® No
employees.
5.
Enter letter (a -c): a
Enter
"a" for ratio percentage
"b" for average benefit
"c" for pre -ERISA governmental and nonelecting church plans
6.
❑ Yes ❑ No
If item 5 is "b", are you requesting a determination that the plan satisfies the
average benefit test? If yes, attach Demonstration 5.
Leave blank if "a" or "c" is entered in item 5.
7.
❑ Yes ❑ No
Is the plan intended to satisfy a design -based safe harbor?
Leave blank if the plan is a § 401(k) or § 401(m) plan only.
® N/A until 1999
8.
Enter letter (a -g):
If item 7 is yes, enter letter to identify the safe harbor intended to be satisfied.
Leave blank if line 7 is "no" or blank.
List the plan provisions that satisfy the safe harbor:
2.4 04
M
W
9. ❑ Yes ❑ No
If item 7 is no, are you requesting a determination that the plan satisfies a
5.
nondesign-based safe harbor or a general test? If the answer to this item 9 is
9. ❑
yes, attach Demonstration 6. Leave blank if item 7 is "yes" or "blank".
® N/A until 1999
Check the type of determination requested:
❑
General test, involving the "safety valve"
14. Enter letter (a -e)
General test, not involving "safety valve"
7.
Nondesign-based safe harbor
10. ❑ Yes ® No
Does a plan provision provide for pre -participation or imputed service or does a
15. Enter letter (a -c)
plan amendment or, for an initial determination, a plan provision, provide for a
❑
period of past service in excess of the safe harbor? If yes, attach
Demonstration 7.
11. ❑ Yes ® No
Is the plan part of a floor offset arrangement intended to satisfy the safe harbor
in § 1.401(a)(4) -8(d)? If yes, attach Demonstration 8.
PART III
Skip to Part IV if you entered "No" in item 7.
12. ❑ Yes ❑ No
Are you required to submit a demonstration that a definition of compensation is
5.
nondiscriminatory: If yes, attach Demonstration 9.
9. ❑
If G is entered in Part 1, skip to Part IV.
13. ❑ Yes ® No
Is the plan a defined benefit plan that provides for employee contributions not
❑
allocated to separate accounts? If no, skip to Part IV.
14. Enter letter (a -e)
Enter a -e to identify the method used to determine the employer-provided
7.
benefit. If "a" attach Demonstration 10. If applicable, list the plan provisions
11. ❑
and indicate the plan factor here:
15. Enter letter (a -c)
Enter a -c to identify the method used to show that the employee -provided
❑
benefit is nondiscriminatory in amount. If "c" attach Demonstration 11, if
applicable.
PART IV
Enter "X" opposite the demonstrations that are attached:
1.
❑
5.
❑
9. ❑
2.
®
6.
❑
10. ❑
3.
❑
7.
❑
11. ❑
4.
❑
8.
❑
<� a
�W Part I v
A The plan benefits only collectively bargained employees within the meaning of § 1.410(b) -6(d)(2) (or employees
treated as collectively bargained employees) and no noncollectively bargained employees.
B The plan is a governmental plan as defined in § 414(d) and you are applying for a determination letter that does
not take into account the nondiscrimination, coverage, and minimum participation requirements that are effective
for the plan in plan years beginning after 1999.
C The plan is maintained by an employer exempt from income tax under § 501(a) and you are applying for a
determination letter that does not take into account the nondiscrimination and coverage requirements that are
effective for the plan in plan years beginning after 1995.
D The plan benefits no highly compensated employees.
E The plan is maintained by an employer that employs no nonhighly compensated employees.
F The plan is a nonstandardized safe harbor plan that satisfies the conditions of § 9.02 of Rev. Proc. 93-39, and
the plan does not use a definition of compensation that must be tested for nondiscrimination under § 1.414(s) -
1(d).
G The plan is a nonstandardized safe harbor plan that satisfies the conditions of § 9.02 of Rev. Proc. 93.39, and
the plan uses a definition of compensation that must be tested for nondiscrimination under § 1.414(s) -1(d).
H The plan is not described above.
I The plan is a standardized M&P or regional prototype plan.
If the plan is described in A, B or I, complete only Part I of the attachment.
If the plan is described in C, D, E or F, complete only questions 1 and 2 of Part 11, and Part IV.
If the plan is described in G, complete only questions 1 and 2 of Part 11, question 12 (Part III), and Part IV.
If the plan is described in H, complete all questions, unless directed otherwise.
Part II
Item 8. Enter in item 8 the letter that describes the design -based safe harbor that is intended to be met by the plan:
a Defined contribution plan with uniform allocation formula - 1.401(a)(4) -2(b)(2)
b Target benefit plan - 1.401(a)(4) -8(b)(3)
c Unit credit defined benefit plan - 1.401(a)(4) -3(b)(3)
d Unit credit defined benefit fractional rule plan - 1.401(a)(4)-3(b)(4)(i)(C)(1)
e Flat benefit defined benefit plan - 1.401(a)(4)-3(b)(4)(i)(C)(2)
f Insurance contract plan - 1.401(a)(4) -3(b)(5)
g Cash balance plan - 1.401(a)(4)-8(c)(3)(iii)(B)
�G
A
Item 14.
Item 15
' Part III
a Composite of workforce method - 1.401(a)(4) -6(b)(2) - Attach a demonstration that the eligibility
requirements of § 1.401(a)(4)-6(b)(2)(ii) are satisfied.
b Minimum benefit method - 1.401(a)(4) -6(b)(3) - Also indicate the resulting plan factor (.4 or .6)
Note: The methods in a and b may only be used with plans that satisfy the unit credit safe harbor in §
1.401(a)(4) -3(b)(3).
c Grandfather rule - 1.401(a)(4) -6(b)(4)
d Government plan method - 1.401(a)(4) -6(b)(5)
e Cessation of employee contributions method - 1.401(a)(4) -6(b)(6)
a Same rate of contributions - 1.401(a)(4) -6(c)(2)
b Total benefits method - 1.401(a)(4) -6(c)(3)
c Grandfather rule - 1.401(a)(4) -6(c)(4)
CA
"()T
) r
DEMONSTRATION 2
SECTION 401(a)(26) REQUIREMENTS
Employer: Chesterfield County Public Schools EIN: 54-6001210
Plan Name: Early Retirement Incentive Plan for Employees of Chesterfield County Schools
Part I
Plan #: 001
Exceptions Does the plan satisfy section 401(a)(26) because it meets one of the exceptions in section
1.401(a)(26) -1(b) of the regulations? ❑ Yes ® No
If yes, complete items 1 through 5 of this Part I.
❑ Yes ❑No Does the plan meet all of the following requirements for the plan year?
The plan is not a frozen plan,
the plan is not top-heavy under § 416,
the plan benefits no highly compensated employee or former
employee, and
the plan is not aggregated with any other plan to enable the other plan
to satisfy §§ 401(a)(4) or 410(b) (other than the average benefit
percentage test of § 410(b)(2)(A)(ii).
2. ❑ Yes ❑ No Is the plan a defined benefit plan that satisfies all of the following conditions
for the plan year?
A timely filed actuarial report evidences that the plan does not have
sufficient assets to satisfy all liabilities,
no employees or former employees accrue additional benefits under
the plan for the plan year, other than minimum benefits for non -key
employees required by § 416, and if applicable,
the plan is either subject to Title IV of ERISA or is not a top-heavy
plan for such year.
3. ❑ Yes ❑ No I Is this a multiemployer plan that meets any of the following conditions?
The plan benefits only employees included in a unit covered by a
collective bargaining agreement within the meaning of § 1.401(a)(26)-
8 of the regulations, or
the plan benefits 50 or more employees.
08
Demonstration 2
page 2
4. ❑ Yes ❑ No
Is this a frozen plan that satisfies section 401(a)(26) with respect to current
employees? If yes, explain:
5. Describe how the plan meets the requirements of the exception.
Part II
1. Is the plan:
Mandatorily Disaggregated
❑ Yes ® No Describe how the plan is being disaggregated/aggregated.
Permissively Aggregated
❑ Yes ® No
Demonstrate that each separate disaggregated plan satisfies section
401(a)(26).
2. Enter the date as of which the demonstration data is being given: January 1, 1995
The data given is reasonably representative of the employer's workforce and plan coverage.
3. Does the plan benefit at least 50 employees?
® Yes ❑ No
If "yes", do not complete the remainder of this Demonstration 2.
Og
Demonstration 2
page 3
4. If the plan benefits fewer than 50 employees, enter the total number of employees.
5. Does the plan benefit at least 40% of the number of employees indicated in item 4, Part II?
❑ Yes ❑ No
If "yes", do not complete the remainder of this Demonstration 2.
6. If the plan benefits fewer than 40% of employees, enter the number of employees who on the basis of the plan
provisions and relevant facts are excludable employees in each of the following categories:
a. noncovered employees excludable on account of minimum age and service under §
1.401(a)(26)-6(b)(1)(i) of the regulations
b. covered employees otherwise excludable under § 1.401(a)(26)-6(b)(1)(ii)
C. covered employees who are not otherwise excludable under § 1.401(a)(26)-
6(b)(1)(ii)
d. employees covered pursuant to a collective bargaining agreement and excludable
under § 1.401(a)(26) -6(b)(4)
e. employees not covered pursuant to a collective bargaining agreement and
excludable under § 1.401(a)(26) -6(b)(5)
f. terminated employees excludable under § 1.401(a)(26) -6(b)(7)
g. other (identify)
h. Total of a. through g.
i. Subtract h. from item 4, Part II
j. Multiply line i. by 40%
k. Enter the lesser of 50 or the number shown on line j.
_
I. Enter the number of employees (other than those employees in a category
excludable with respect to the plan being tested who on the date shown in item 4,
Part II were participants and who were benefiting for the plan year.
_
M. Is line I equal to or greater the line k? If "no" the plan does not satisfy § 401(a)(26)
❑ Yes ❑ No
0-11
Or -1.0
}'syr K
CHESTERFIELD COUNTY
BOARD OF SUPERVISORS Page 1 of 1
AGENDA
Meeting Date: January 24, 1996 Item Number: 8 • C • 19.
Subject: Resolution Supporting the Construction of Route 288
County Administrator's Comments:
County Administrator:
Board Action Requested:
The Board is requested to adopt a resolution supporting the construction of
Route 288 as a non -toll facility.
Summary of information:
BACKGROUND: Mr. Warren has requested consideration of the attached
resolution stating support for the construction of Route 288 as a non -toll
facility.
Preparer: i( Title: Director of Transbortation
R.J. McCracken
Attachments: N Yes 1-1
No
Agen244
REVISED
Chesterfield County: At a regular
meeting of the Board of Supervisors held
at the Courthouse on January 24, 1996 at
3:00 p.m.
WHEREAS, the completion of Route 288 as a non -toll facility
from the Powhite Parkway to I-64 will relieve traffic congestion,
improve air quality and promote economic development in the
Richmond Region; and
WHEREAS, the completion of Route 288 is the Chesterfield
County Board of Supervisors' highest highway priority; and
WHEREAS, the corridor for Route 288 was approved by the
Commonwealth Transportation Board in 1989; and
WHEREAS, Route 288 is included in the Richmond Regional
Thoroughfare Plan; and
WHEREAS, the Richmond Region currently has major toll
highways including the Powhite Parkway and the Downtown
Expressway which carry over 74,000 and 55,000 vehicles per day,
respectively; and
WHEREAS, other regions in the Commonwealth have enjoyed the
benefits of non -toll highways while the Richmond Region has
already financed the construction and maintenance of some of its
major highway improvements through tolls, local bonds, and other
local efforts; and
WHEREAS, the construction of Route 288 as a non -toll
facility will relieve traffic congestion, provide air quality
benefits, and improve the region's economic development
opportunities.
NOW, THEREFORE BE IT RESOLVED that the Chesterfield County
Board of Supervisors supports the construction of Route 288.
M
BE IT FURTHER RESOLVED that the Board requests the
Commonwealth Transportation Board use every effort to fund the
completion of Route 288 in the Richmond Region as a non -toll
facility.
Vote:
Certified by:
Faith Davis, Clerk
to the Board of Supervisors
14W W
CHESTERFIELD COUNTY
BOARD OF SUPERVISORS Page 1 of 1
AGENDA
Meeting Date: JANUARY 24, 1996 Item Number: 8.C.21.
Subject: Resolution recognizing that an emergency exists as of January 8, 1996
throughout Chesterfield County
County Administrator's Comments:
011
en
County Administrator:
BoardAction Requested:
The staff requests that the Board of Supervisors adopt a resolution recognizing that a
state of emergency exists in Chesterfield County
Summary of Information:
Due to a blizzard on January 8, 1996, the Chesterfield County is facing manpower
and equipment shortages. During the existence of the emergency, the powers, functions
and duties of the Director of Emergency Services and the Office of Emergency Services
shall be those prescribed by State law, and the ordinances, resolutions, and approved
plans of the County of Chesterfield in order to mitigate the effects of the emergency.
Preparer:
Attachments:
■ Yes F]
No
Title: Assist.
Services Coordinator
CHESTERFIELD COUNTY EMERGENCY RESOLUTION OF
BLIZZARD OF 1996
WHEREAS, the Board of Supervisors of the County of Chesterfield does hereby
find that due to the severe winter storm, the County of Chesterfield is facing
manpower and equipment shortages; and
WHEREAS, due to snow and ice, a condition of extreme danger to life and
property necessitates the proclamation of the existence of an emergency,
NOW, THEREFORE, IT IS HEREBY PROCLAIMED that an emergency now
exists as of January 8, 1996 throughout Chesterfield County; and
IT IS FURTHER PROCLAIMED AND ORDERED that during the existence
of said emergency, the powers, functions, and duties of the Director of Emergency
Services and the County's Office of Emergency Services of the County of
Chesterfield shall be those prescribed by State law, and the ordinances,
resolutions, and approved plans of the County of Chesterfield in order to mitigate
the effects of this emergency.
CHESTERFIELD COUNTY
BOARD OF SUPERVISORS
AGENDA
91
Page 1 of 2
Meeting Date: January 24, 1996 Item Number:
Report On: Developer Water and Sewer Contracts
Background:
am
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:
1. Contract Number: 94-0021
Project Name: Exbury, Section 4
Developer: Douglas R. Sowers
Contractor: J. Steven Chafin, Inc.
Contract Amount: Water Improvements - $71,700.00
Wastewater Improvements - $117,200.00
District: Matoaca
Prepared By:
E. B , Jr.
County Administrator: L
Attachments: Yes No��
0
Agenda Item
January 24, 1996
Page 2
2. Contract Number: 94-0157
Project Name: Michaux Creek, Section E
Developer: Sommerville Development Corporation
Contractor: R.M.C. Contractors, Inc.
Contract Amount: Water Improvements -
Wastewater Improvements -
District: Midlothian
3. Contract Number: 95-0083
Project Name: Chesdin Landing, Sections I and II
Developer: The Chesdin Company, L.L.C.
Contractor: Piedmont Construction Company, Inc.
Contract Amount: Water Improvements -
District: Matoaca
$48,937.50
$53,836.50
$128,993.00
12
74
Y CHESTERFIELD COUNT 1 1
BOARD OF SUPERVISORS Page of
AGENDA
Meeting Date: January 24, 1996 Item Number: 9.B.
Su_ bLct:
Status of General Fund Balance, Reserve for Future Capital
Projects, District Road and Street Light Funds, Lease Purchases;
County Administrator's Comments:
County Administrator:
BoardAction Requested:
Summary of Information:
Prepares: • �• �• Title:
Lane d. Ramsey
Attachments: 0 Yes r-1 No
County Administrator
# 13
M
CHESTERFIELD COUNTY
GENERAL FUND BALANCE
January 16, 1996
n
BOARD
MEETING
DATE
DESCRIPTION
AMOUNT
BALANCE
07/01/95
FY96 Beginning Fund Balance
$26,492,396
09/13/95
Continue operation of Winterpock
(71,000)
$26,421,396
Dumpster sites on weekends thru
06/30/96
11/08/95
Appropriation of fund balance to transfer
(329750)
26,388,646
excess FY95 actual state sales tag to
schools
11/08/95
Transfer of unspent FY95 school operat-
(401,062)
25,987,584
ing general fund dollars to school capital
improvement reserve
11/22/95
Transfer Excess Fund Balance (above
(3,000,000)
22,9879584
7.5% of FY96 expenditures) to the Reserve
for Future Capital Projects
201 14
n
M
rfcip.wk4 �.5
CHESTERFIELD COUNTY
RESERVE FOR FUTURE CAPITAL PROJECTS
TRADITIONALLY FUNDED BY DEBT
January 16,1996
Board
Meeting
Date
Description
Alm
Balance
FY89 Excess revenue
$2,119,900
$2,119,900
FY90 Budgeted addition
$1,881,500
$4,001,400
Designation from June 30, 1989
$1,500,000
$5,501,400
Fund Balance
11/22/89
Purchase of land-Cogbill Road
($630,000)
$4,871,400
12/13/89
Purchase building at 6701 West
($400,000)
$4,471,400
Krause Road
06/30/90
Budgeted addition of excess
$2,100,000
$6,571,400
revenue
06/13/90
Purchase medical building for
($7359000)
$5,836,400
future library site
06/27/90
Funds to purchase land for park
($600,000)
$592369400
on Lake Chesdin
06/27/90
Budgeted but not appropriated funds
($2,0009000)
$3,2369400
to purchase land for school
and park sites
FOR FISCAL YEAR'91
BEGINNING JULY 1, 1990
12/12/90
Fill dirt for cover repair at Fort
($180,000)
$3,056,400
Darling Landfill
06/30/91
Budgeted addition from FY91
$4,000,000
$7,056,400
revenues
rfcip.wk4 �.5
�a
rfcip.wk4 `��.6
03/13/91
Designated but not appropriated
($1,806,800)
$5,249,600
funds to cover construction
contract for MR/MR/SA building
if bonds are not sold in
fall, 1991
FOR FISCAL YEAR
192 IRFGINNING JULY 1. 1991
07/01/91
Regional Jail Authority as
($1,000,000)
$4,249,600
approved in the FY92 Adopted
Budget (which will be reimbursed)
08/28/91
Provide funding for improvements
($315,000)
$39934,600
at Northern Area Landfill
to allow reallocation of
General Fund dollars to recycling
programs
08/28/91
Additional funding for Bon Air
($275,500)
$3,659,100
Library expansion
08/28/91
Add back MR/MR building funds
$1,806,800
$5,465,900
which were previously deducted
for construction
11/27/91
Appropriated funds for T.V.
($115,000)
$5,350,900
arraignment equipment but holding
in reserve account until prices
and all costs are confirmed
03/27/92
Add back funds previously deducted
$2,000,000
$7,350,900
to purchase land for school
and park sites
03/27/92
Funds designated for interest
($1,400,000)
$5,950,900
cost in FY94 due to accelerated
1988 School bond issue
04/08/92
Designated funds for Center-
($2,314,800)
$3,636,100
12/14/94
Pointe Fire Station construction
in FY95
�a
rfcip.wk4 `��.6
Il G
F6x FISCAL. YEAR
,93 BE JULY 1.1_992
04/08/92
FY93 budget addition
$296009000
$6,2369100
04/08/92
FY93 Capital Projects (revenue
($1,000,000)
$592369100
sharing roads $500,000; indus-
trial access $300,000; drainage
$200,000)
04/08/92
Funds to convert Meadowdale
($193869500)
$39849,600
Boulevard building into Hopkins
Road Library
04/08/92
Funds to construct lights along
($500,000)
$39349,600
portions of Jefferson Davis Hwy
05/13/92
Funding for emergency access for
($80,000)
$3,269,600
Millside subdivision contingent
upon necessary right-of-way
acquisition
07/22/92
Funding for design phase of Jail
($500,000)
$297699600
Annex
07/22/92
Funds to purchase Castlewood
($315,000)
$2,4549600
08/31/92
Budget Change Request to fund
($14,000)
$29440,600
wetland study of property on
Coghill Road
09/09/92
Supplement to finish improvements
($139400)
$2,4279200
to intersection of River and
Walkes Quarter roads
09/09/92
Funds for Charter Colony Parkway
($140,000)
$29287,200
09/09/92
Sidewalk at Enon Library
($209000)
$2,267,200
11/12/92
Designated and appropriated, if
($326,000)
$1,941,200
needed, funds to cover shortfall
in construction of Public Safety
Training Building
11/24/92
Increase from FY92 Results of
$661,550
$2,602,750
Operations
`''��
rfcip.wk4
rfcip.wk4
ra� 8
12/09/92
Unappropriated funding for TV
$115,000
$2,717,750
arraignment
12/09/92
Appropriated $1,941,200 balance
($2,717,750)
$0
plus $661,550 addition from FY92
ending fund balance and use of funds
previously appropriated for TV
arraignment $115,000 for Jail Annex
12/09/92
Unappropriated funds from 11/12/92
$139,980
$139,980
appropriation for construction
of Public Safety Training
Building
12/09/92
Appropriated to cover shortfall
($139,980)
$0
in construction of Jail Annex
06/30/93
Enon Library Sidewalk-
$13,401
$13,401
project complete
06/30/93
Funds which were not needed for the
$186,020
$1999421
Public Safety Training Building.
Interest on the bonds was
sufficient to cover this appro-
priation.
FOR FISCAL. YF.AR'94
BEGINNING JULY 1. 1993
05/12/93
Appropriated FY94 funds for Cedar
($35,000)
$1649421
Springs Rural Road addition (FY94
Secondary Road Improvement)
07/01/93
FY94 Budgeted Addition
$3,500,000
$3,664,421
07/01/93
FY94 Capital Projects
($2,793,000)
$871,421
07/28/93
Appropriated funds to cover entire
($80,700)
$7909721
cost of Keithwood/Hylton Park
Drainage project.
08/25/93
Supplemental revenue sharing match
($200,000)
$590,721
for FY93 to fund Ledo Road
rfcip.wk4
ra� 8
rfcip.wk4 0219
09/08/93
Supplemental appropriation for
($919000)
$4999721
Charter Colony Parkway
10/13/93
Transfer for Northern Area
($3709000)
$1299721
Landfill
11/23/93
Transfer from fund balance
$2,800,000
$2,929,721
as per Section 18 of the
FY94 Appropriations Resolution
11/23/93
Transfer for Phase I development
($660,000)
$292699721
of the Warbro Road Athletic
Complex
12/15/93
Designation for John Tyler
($292699721)
$0
commitment pending decision
on Bond Referendum date.
04/27/94
Reduce designation for John
$499400
$49,400
Tyler Community College by
$49,400 to $2,220,321
04/27/94
Designate funds in order to
($49,400)
$0
begin advance work needed to con-
struct the Christmas Mother and
County Warehouse (These funds
will be returned after July 1)
05/25/94
Reduce designation for John
$500,000
$500,000
Tyler Community College by
$500,000 to $1,720,321
05/25/94
Transfer funds to begin repairs
($500,000)
$0
on the Ettrick/Matoaca and
LaPrade branch libraries
06/08/94
Release funds designated for
$1,720,321
$197209321
John Tyler Community College
06/08/94
Health Center Commission for
($1,000,000)
$7209321
06/14/95
new nursing home facility
06/22/94
Transfer to Midlothian Branch
Library to fully fund project
($490,100)
$230,221
rfcip.wk4 0219
rfcip.wk4 0-14
,f ;0
FOR FISCAL. YEAR'95
B . E"UNG JULY 1.1994
07/QI/94
FY95 Budgeted Addition
$4,850,000
$5,0801221
07/01/94
FY95 Capital Projects
($3,6759000)
$19405,221
07/01/94
Return funds advanced
$499400
$1,454,621
to begin construction on
Christmas Mother
Warehouse.
07/27/94
Transfer to Clover Hill Sports
($200,000)
$192549621
Complex
09/20/94
Return unused funds from
$12,361
$1,2669982
Meadowdale Library Project
09/28/94
Transfer for LaPrade, Ettrick-
($1609000)
$1,106,982
Matoaca Branch Libraries
Renovation
11/22/94
Transfer from Fund Balance as
$3,1009000
$4,2069982
per Section 18 of the FY95
Appropriations Resolution
02/22/95
Transfer to purchase land and
($1529000)
$49054,982
and building within the county
complex
03/22/95
Transfer for preparation of
($300,000)
$3,7549982
construction plans to rebuild
Woolridge Road
04/12/95
Third ballfield at Warbro Complex
($150,000)
$39604,982
04/12/95
Health Center Commission for
06/14/95
new nursing home facility
(1,5009000)
$291049982
06/30/95
Return of funds from capital
39631
$29108,612
projects which are finished
FOR FISCAL. YEAR'96
BE INNIN= JULY 1, 1995
04/12/95
Additional Transfer to Schools
(192059600)
$903,012
04/12/95
For Use by County
(4759700)
$427,312
rfcip.wk4 0-14
,f ;0
rfcip.wk4 ;700 >1
,A.
04/12/95
Addition to Fund Balance
(230,000)
$1979312
04/12/95
FY96 Budgeted Addition
6,400,000
$6,5979312
04/12/95
FY96 Capital Projects
(59494,700)
$1,102,612
04/12/95
County uses for capital purchases
(4009000)
$702,612
05/10/95
Return of unused funds from Fair
10,425
$713,037
Exhibition Warehouse (project complete)
07/01/95
Supplemental revenue sharing
(50,000)
$663,037
match for road projects up to
a maximum of $50,000
07/26/95
Right-of-way acquisition for
(200,000)
$463,037
Coalboro/Otterdale connector road
(contingent on Vulcan commitment)
07/26/95
Fire suppression system for
(25,000)
$438,037
Eppington
09/08/95
Closure of Ramblewood/Enon
39,661
$477,697
Drainage project; return of excess
$ to funding source
09/13/95
Henricus Visitor's Center, Phase I
(1009000)
$3779697
09/30/95
Closure of Ledo Road Project
159968
$393,666
11/22/95
Transfer from Fund Balance as per
39000,000
3,393,666
Section 18 of the FY96 Appropriations
Resolution
11/22/95
Designated use of FY95 surplus to
(3,000,000)
3939666
fund non-recurring expenses in FY97
12/13/95
Transfer for needs assessment
(829680)
310,986
study on the Juvenile Detention
Home
12/13/95
Appropriation and transfer of
(310,000)
986
funds for the preliminary engineering
for 1/295 Meadowville area road
improvements
rfcip.wk4 ;700 >1
,A.
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teary
Prepared by
Accounting Department
December 31, 1995
*Second Refunding of Certificates of Participation, Series 1985
Outstanding
Balance
12/31/95
67,462
174,030
241,492
1,320,000
8,699
10,290
8,664
23,633
13,570,000
15.182.778
Joey T
r.,FR,P3
SCHEDULE OF CAPITALIZED LEASE PURCHASES
Date
Original
Date
Began
Description
Amount
Ends.
APPROVED AND EXECUTED
12/88
Airport State Police
Hangar Additions
128,800
County Warehouse
331,200
12/00
Total
460,000
03/89
Geographic Information
System ("GIS") -
Automated Mapping
System
3,095,000
3/98
10/92
School Copier
22,797
9/97
10/92
School Copier
23,322
10/97
10/92
School Copier
18,750
10/97
09/93
School Copier
36,605
8/98
* 12/93
Real Property Lease/
Purchase
17,510,000
12/01
TOTAL APPROVED
$21.166.474
AND EXECUTED
PENDING APPROVAL AND/OR EXECUTION
None
*Second Refunding of Certificates of Participation, Series 1985
Outstanding
Balance
12/31/95
67,462
174,030
241,492
1,320,000
8,699
10,290
8,664
23,633
13,570,000
15.182.778
Joey T
r.,FR,P3
13 4
CHESTERFIELD COUNT
BOARD OF SUPERVISORS Page -L—of1
AGENDA 13.A.
Meeting Date: January 241 1996 Item Number:
Subject:
Adoption Resolution Recognizing Dr. Harry A. Johnson For His
Service on the Chesterfield County School Board
County Administrator's Comments:
County Administrator:
BoardAction Requested:
Adoption of attached resolution.
Summary of Information:
Dr. Johnson will be present to receive the resolution.
Preparer: G11y✓��O Title: Clerk to the Board of Supervisors
Faith L. Davis #
Attachments: 0 Yes F] No
RECOGNIZING DR. HARRY ALLEYN JOHNSON FOR
HIS SERVICE ON THE CHESTERFIELD COUNTY SCHOOL BOARD
WHEREAS, Dr. Harry Alleyn Johnson has devoted over three years
of service which also included serving as Vice -Chairman,
representing Matoaca Magisterial District, on the Chesterfield
County School Board; and
WHEREAS, Dr. Johnson is the first African-American Board
member in Chesterfield County's history; and
WHEREAS, during his tenure, Dr. Johnson has provided
outstanding leadership and vision for all Chesterfield County
Public Schools and has sought to bring multimedia materials,
representing all cultures, to the School System; and
WHEREAS, as a Professor Emeritus at Virginia State University,
Dr. Johnson has brought experiences to the School Board from a
higher education perspective and has provided clear academic
emphasis for lifelong learning and to preparing students for the
Twenty -First Century; and
WHEREAS, Dr. Johnson has represented the County well during
his service on the School Board and has worked in a forthright
manner in conducting School Board business.
NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County
Board of Supervisors does hereby recognize and applaud the untiring
efforts and commitment of excellence displayed by Dr. Harry Alleyn
Johnson.
AND, BE IT FURTHER RESOLVED, that a copy of this resolution be
presented to Dr. Johnson and that this resolution be permanently
recorded among the papers of this Board of Supervisors of
Chesterfield County, Virginia.
::'*1 r
/ ✓ oc-#
Meeting Date:
Su�ect:
CHESTERFIELD COUNTY
BOARD OF SUPERVISORS
AGENDA
January 24, 1996
Item Number:
Page 1 of1
13.B.
Resolution recognizing Phillip G. Cunningham for his service to
Chesterfield County as a Respresentative on the Richmond Regional
Planning District Commission
County Administrator's Comments:
County Administrator:
BoardAction Requested:
Summary of Information:
This resolution is to recognize Phillip G. Cunningham for his service to
the Richmond Regional Planning District Commission.
4
Preparers Title:
Attachments: E Yes F1 No
Director of Planning
# �:`
A
RECOGNIZING MR. PHILLIP CUNNINGHAM FOR HIS SERVICE ON
THE RICHMOND REGIONAL PLANNING DISTRICT COMMISSION
WHEREAS, Phillip G. Cunningham effectively and diligently served the citizens of
Chesterfield County as the Chesterfield County Planning Commission's representative to the
Richmond Regional Planning District Commission from January, 1992 through December, 1995;
and
WHEREAS, during Mr. Cunningham's tenure as a member of the Richmond Regional Planning
District Commission Board, it further fostered regional cooperation between Chesterfield
County, the Town of Ashland, Charles City County, Goochland County, Hanover County,
Henrico County, New Kent County, Powhatan County and the City of Richmond; and
WHEREAS, Mr. Cunningham's service on the Richmond Regional Planning District
Commission's Regional Issues Advisory Committee involved working towards solutions to
many complex issues of regional concern; and
WHEREAS, Mr. Cunningham's work on the development of the Focus Forward Strategic Plan,
and his participation in both regional forums and community level meetings held in Chesterfield
County, has helped establish a foundation for a vision for the Richmond region.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors
hereby expresses their deepest gratitude and appreciation for Mr. Cunningham's service to the
County as representative to the Richmond Regional Planning District Commission.
",-)17
fs�04-0
r
CHESTERFIELD COUNT
BOARD OF SUPERVISORS
AGENDA
Meeting Date: January 24, 1996 Item Number:
Subject:
Page 1 of 1
13.C.
Adoption Resolution Recognizing Mr. Adam Christopher Martin,
Troop 860, Upon Attaining Rank of Eagle Scout
County Administrator's Comments:
County Administrator: /-'jAp
BoardAction Requested:
Adoption of attached resolution.
Summary of Information:
Staff has received a request for the Board to adopt a
resolution recognizing Mr. Adam Christopher Martin, Troop 860,
sponsored by Woodlake United Methodist Church, upon attaining
Rank of Eagle Scout:
He will be present, accompanied by members of his family, to
receive the resolution.
Resides in: Matoaca District
Preparers L- Title:
Faith L. Davis
Attachments: 0 Yes F1 No
Clerk to the Board of Supervisors
E
A
9
RECOGNIZING MR. ADAM CHRISTOPHER MARTIN UPON
HIS ATTAINING RANK OF EAGLE SCOUT
WHEREAS, the Boy Scouts of America was incorporated by Mr.
William D. Boyce on February 8, 1910; and
WHEREAS, the Boy Scouts of America was founded to promote
citizenship training, personal development, and fitness of
individuals; and
WHEREAS, after earning at least twenty-one merit badges in a
wide variety of fields, 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. Adam Christopher Martin, Troop 860, sponsored by
Woodlake United Methodist Church, has accomplished those high
standards of commitment and has reached the long -sought goal of
Eagle Scout which is received by less than two percent of those
individuals entering the Scouting movement; and
WHEREAS, growing through his experiences in Scouting, learning
the lessons of responsible citizenship, and priding himself on the
great accomplishments of his County, Adam is indeed 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. Adam
Christopher Martin and acknowledges the good fortune of the County
to have such an outstanding young man as one of its citizens.
kk--�����13,iJ.
. aip CHESTERFIELD COUN'4
I30ARD OF SUPERVISORS Page
of_
AGENDA 13.D.
Meeting Date: January 24, 1996 Item Number:
Subject:
Recognize Mr. Lee Deal for his service on the Disability Services Board.
County Administrator's Comments:
County Administrator:
BoardAction Requested:
Adoption of attached resolution.
Summary of Information:
Preparers Title:
Ro er L. Masden
Attachments: 0 Yes F] No
Deputy County Administrator
# ''30
J.
RECOGNIZING MR. LEE DEAL FOR HIS I
SERVICE ON THE DISABILITY SERVICES BOARD
WHEREAS, the Chesterfield County Disability Services was
formed as a result of the Disability Services Act of 1992; and
WHEREAS, Mr. Lee Deal was in the first class of members
appointed by the Chesterfield County Board of Supervisors; and
WHEREAS, Mr. Deal served as the first Chairman of the
Chesterfield Disability Services Board during his three year term;
and
WHEREAS, Mr. Deal represented citizens with physical and
sensory disabilities.
NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County
Board of Supervisors hereby recognizes Mr. Deal for his leadership
on the Disability Services Board and expresses its appreciation for
his service to all citizens with physical and sensory disabilities.
AND, BE IT FURTHER RESOLVED,
presented to Mr. Deal and that
recorded among the papers of
Chesterfield County, Virginia.
that a copy of this resolution be
this resolution be permanently
this Board of Supervisors of
:'31
(3,F
MT�d
rr+" CHESTERFIELD COU 1
-� BOARD OF SUPERVISORS Page _
AGENDA 13.E.
Meeting Date: January 24, 1996 Item Number:
Subject:
Recognize Mr. John Coates for his service on the Disability Services Board.
County Administrator's Comments:
/—J
County Administrator:
BoardAction Requested:
Adoption of attached resolution.
Summary of Information:
Preparer•
Rober L. asden
Attachments: 0 Yes No
Title: Deputy County Administrator
.32
of 1
A
RECOGNIZING MR. JOHN COATES FOR HIS
SERVICE ON THE DISABILITY SERVICES BOARD
WHEREAS, the Chesterfield County Disability Services was
formed as a result of the Disability Services Act of 1992; and
WHEREAS, Mr. John Coates has completed a term of service on
the Disability Services Board; and
WHEREAS, Mr. Coates has served a model of those with physical
disabilities to youth and high school students in his place of
employment;
WHEREAS, Mr. Coates has been an advocate for the use of
appropriate technology to improve the quality of life and work for
those with disabilities.
NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County
Board of Supervisors hereby recognizes Mr. Coates for his
leadership on the Disability Services Board and expresses its
appreciation for his service to all citizens with physical and
sensory disabilities.
AND, BE IT FURTHER RESOLVED, that a copy of this resolution be
presented to Mr. Coates and that this resolution be permanently
recorded among the papers of this Board of Supervisors of
Chesterfield County, Virginia.
':'33
l3- F..
(Wi CHESTERFIELD COUN
�J
BOARD OF SUPERVISORS Page 1 of1_
AGENDA
Meeting Date: January24, 1996 Item Number: 13.F.
Subject:
Recognize Mr. Jay Lowden for his service on the Disability Services Board.
County Administrator's Comments:
County Administrator:
BoardAction Requested:
Adoption of attached resolution.
Summary of Information:
Preparer• Title:
Robert Masden
Attachments: 0 Yes F] No
Deputy County Administrator
0�
r,
M
M
RECOGNIZING MR. JAY LOWDEN FOR HIS
SERVICE ON THE DISABILITY SERVICES BOARD
WHEREAS, the Chesterfield County Disability Services was
formed as a result of the Disability Services Act of 1992; and
WHEREAS, Mr. Jay Lowden was in the first class of members
appointed by the Chesterfield County Board of Supervisors; and
WHEREAS, Mr. Lowden participated in the assessment process and
the development of the initial six year County plan for disability
services in Chesterfield County; and
WHEREAS, Mr. Lowden represented the business community, on the
Disability Services Board.
NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County
Board of Supervisors hereby recognizes Mr. Jay Lowden for his
leadership on the Disability Services Board and expresses its
appreciation for his service to all citizens with physical and
sensory disabilities.
AND, BE IT FURTHER RESOLVED, that a copy of this resolution be
presented to Mr. Lowden and that this resolution be permanently
recorded among the papers of this Board of Supervisors of
Chesterfield County, Virginia.
,>r-
1 J
L ` . CHESTERFIELD COUNT
BOARD OF SUPERVISORS Page 1 of 1
AGENDA
Meeting Date: January 24, 1 99f; Item Number: 13.G.
Sub'ect:
Resolution recognizing Kathleen Petty who has completed
her term of appointment with the Keep Chesterfield Clean
Corporation.
County Administrator's Comments:
County Administrator: L • K •
BoardAction Requested:
.Adoption of the attached resolution
Summary of Information:
Mrs. Kathleen Petty, representing the Midlothian District, was
appointed in January, 1994. She has completed two terms of
appointment.
Preparer• Su an Craik Title• Extension Agent
# ?36
Attachments: Yes F-1 No
WHEREAS, the Board of Supervisors annually appoints one representative from each
of the five magisterial districts to serve on the Keep Chesterfield Clean Corporation Board;
and
WHEREAS, Mrs. Kathleen Petty was appointed to serve as the Midlothian District
Representative in January, 1994 and has continued to serve as a volunteer to the Keep
Chesterfield Clean Corporation for two one-year terms; and
WHEREAS, Mrs. Petty has been very active in promoting many educational activities
regarding composting, litter prevention, and recycling of the Keep Chesterfield Clean
Corporation in the Midlothian District; and
WHEREAS, Mrs. Petty has been a valuable member providing many fresh and unique
ideas to include youth participation as well as business and community support for the
activities of the Keep Chesterfield Clean Corporation; and
WHEREAS, It is the desire of the Board of Supervisors to recognize her faithful
service on the Keep Chesterfield Clean Corporation Board.
NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of
Supervisors publicly recognizes the distinguished volunteer service of Mrs. Kathleen Petty and
her contributions to the County.
"3'7
V
i�.�A
low
' CHESTERFIELD COUNTY`S
BOARD OF SUPERVISORS Page 1 o-1
`r AGENDA
Meeting Date: January 24, 1996 Item Number: 13. H.
Sum
Resolution recognizing Floyd Robinson who has completed
his term of appointment with the Keep Chesterfield Clean
Corporation.
County Administrator's Comments:
-;eS14 1i
County Administrator: L kS P,-
-T
BoardAction Requested:
Adoption of the attached resolution
Summary of Information:
Preparer:
Mr. Floyd Robinson, Jr. representing the Matoaca District
on the Keep Chesterfield Clean Corporation Board, was
appointed in January, 1995. He has completed his term
of appointment.
S zan Craik
Attachments: E Yes F-1 No
Title: Extension Agent
#
flu,
n
WHEREAS, the Board of Supervisors annually appoints one representative from each
of the five magisterial districts to serve on the Keep Chesterfield Clean Corporation Board;
and
WHEREAS, Mr. Floyd Robinson Jr. was appointed to the Keep Chesterfield Clean
Corporation in January, 1995; and
WHEREAS, Mr. Robinson has represented the Matoaca District during his one year
term of appointment; and
WHEREAS, Mr. Robinson has been very active in the litter prevention and recycling
activities of the Keep Chesterfield Clean Corporation in the Matoaca District; and
WHEREAS, Mr. Robinson has been a major advocate in the County's First Annual
Litter Free Day, involving three fraternities, one church and a business in this event resulting
in greater litter awareness among many Matoaca District residents; and
WHEREAS, It is the desire of the Board of Supervisors to recognize his faithful
service on the Keep Chesterfield Clean Corporation Board.
NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of
Supervisors publicly recognizes the distinguished volunteer service of Mr. Floyd Robinson
and his contributions to the County.
2139
2 "i
CHESTERFIELD COUNT
BOARD OF SUPERVISORS Page —Lof?
AGENDA
Meeting Date: Januar; 24, 1996 Item Number: 13.1.
Sub'ect:
Resolution Recognizing Linda B. Lafoon for Service on the Chesterfield County Personnel Appeals
Board
County Administrator's Comments:
CountyAdministrator: L 64e
BoardAction Requested:
Summary of Information:
Whereas, Chesterfield County is committed to creating and maintaining a positive work environment
for its employees and to this end has established an Employee Grievance Procedure for the timely
resolution of employee grievances, and;
Whereas, the fourth and concluding step in the procedure provides the employee an objective and
impartial hearing before a three person citizen panel appointed by the Board of Supervisors, and;
Whereas, Mrs. Linda B. Lafoon was appointed by the Board of Supervisors to serve on the Personnel
Appeals Board beginning January 1, 1990 for a three year term, and;
Whereas, Mrs. Lafoon completed one full term and was reappointed for a second three year term
which began on January 1, 1993, and;
Whereas, Mrs. Lafoon's second term ended December 31, 1995 and she is thereby ineligible for
another term, and;
Preparer• Title: Director, Human Resource Management
Frederick W. 4Jr.
040
Attachments: F1 Yes ■ No
CHESTERFIELD COUNTY
BOARD OF SUPERVISORS
AGENDA
Summary of Information: (Continued)
Page ? of
Whereas, Mrs. Lafoon has served with distinction as a member of the Personnel Appeals
Board for six years including two years as the Chair of the Appeals Board, and;
Whereas, such service has been characterized by Mrs. Lafoon's devotion to fairness, tireless
energy, complete objectivity, and commitment to provide each employee coming before the
panel a full and impartial hearing based upon the complete record of each grievance, and;
Whereas, therefore be it resolved, that the Chesterfield County Board of Supervisors hereby
expresses its sincere appreciation to Mr. Linda B. Lafoon for her outstanding and dedicated
service.
And, be it further resolved, that this resolution be permanently recorded among the papers of
this Board of Supervisors of Chesterfield County, Virginia this twenty-fourth day of January,
1996.
#
•..:41
CHESTERFIELD COUNTY
BOARD OF SUPERVISORS Page 1 of 1
AGENDA
Meeting Date: January 24, 1996 Item Number: 13. j.
Subiect•
Resolution recognizing Mr. Kenny Crew and Mr. Steve Dowdy for contributions to the Chesterfield County
Parks and Recreation Advisory Commission.
County Administrator's Comments:
County Administrator:
Board Action Reauested:
The Parks and Recreation Department has requested that the Board of Supervisors commend and recognize Mr.
Kenny Crew and Mr. Steve Dowdy for outstanding service to Chesterfield County through representation on the
Parks and Recreation Advisory Commission.
Summary of Information:
Mr. Kenny Crew and Mr. Steve Dowdy have served on the Parks and Recreation Advisory Commission representing
the Matoaca District, and have completed their service on the commission. During their tenure, the commission has
achieved many outstanding accomplishments including approval of a Parks and Recreation Master Plan, establishment
of the Ettrick Community Building with programs for all ages, and development of a new co-sponsorship policy for
the department.
Preparer: Title: Director, Parks and Recreation
Michael S. Golden
Attachments: 0 Yes F-1No
Resolution
Whereas, the Chesterfield County Parks and Recreation Advisory Commission is a
citizen board of the Chesterfield County Parks and Recreation Department that
provides a way for county citizens to provide input, and,
Whereas, Mr. Kenny Crew and Mr. Steve Dowdy have been commission members
representing the Matoaca District, and,
Whereas, since that time the commission has accomplished several tasks, including
creating a new youth baseball/softball field allocation process, distributing fields
based on activity periods, and,
Whereas, the commission contributed and approved the Parks and Recreation
Master Plan, and,
Whereas, the commission developed a new co-sponsorship policy for organizations
in relationship with the department, and,
Whereas, the commission was instrumental in the creation of the Ettrick
Community Building, the first community building in Chesterfield County, with
programs for county citizens of all ages, and,
Whereas, Mr. Crew's and Mr. Dowdy's assistance in these projects was
instrumental to their success,
Now, therefore be it resolved, that the Chesterfield County Parks and Recreation
Advisory Commission commend and recognize Mr. Kenny Crew and Mr. Steve
Dowdy for their dedicated service to Chesterfield County.
�'4a
I ow
CHESTERFIELD COUNTY
j BOARD OF SUPERVISORS Page 1 of 1
AGENDA
Meeting Date: January 24, 1996 Item Number: 13.x.
Subject:
Recognizing William H. Shewmake as a Member of the Chesterfield County
Committee on the Future.
County Administrator's Comments:
County Administrator:
Board Action Requested:
Adoption of Resolution
Summary of Information:
c.a.e.
Mr. Barber has requested that the Board adopt the attached resolution
recognizing Mr. William H. Shewmake who served as a member of the Committee
on the Future for four years.
Pre'arer:'r
Jahfies J L. Stegmaier
Attachments: . Yes 1-1 No
Title: Director. Budget and Management
A.a44
RECOGNIZING WILLIAM H. SHEWMARE AS A MEMBER OF THE
CHESTERFIELD COUNTY COMMITTEE ON THE FUTURE
WHEREAS, The Committee on the Future was authorized by the
Chesterfield Charter, adopted on February 26, 1987; and
WHEREAS, Mr. William H. Shewmake was appointed to the
Committee on the Future on January 2, 1992 and served for four
years representing the Midlothian District; and
WHEREAS, The Committee on the Future was established to
forecast the condition of the County in the future and to create
the means by which the County can cope with future needs or
problems that are likely to occur; and
WHEREAS, The Committee on the Future shall seek to anticipate
long range problems and changes within the County and develop
solutions that can be considered by elected officials to lessen any
adverse effect on the County because of future changes; and
WHEREAS, The Committee on the Future's "Economic Development"
report resulted in a plan that addresses the areas of strengthening
the county's workforce, county growth and development, and the
residents' needs; and
WHEREAS, The Committee on the Future's "Neighborhood
Preservation" report resulted in a strategic plan which focuses on
the issues of community organizations, neighborhood schools,
community safety and crime prevention, and the maintenance,
rehabilitation, and design of public and private facilities; and
WHEREAS, Mr. William H. Shewmake provided the Committee on the
Future with valuable information concerning education issues, land
use practices, and law; and
WHEREAS, Mr. William H. Shewmake demonstrated leadership and
commitment to the Committee on the Future while a member of the
group.
NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County
Board of Supervisors hereby extends its gratitude to Mr. Dan B.
Franks for serving as a member of the Committee on the Future for
four years and acknowledges the good fortune of the County to have
such an individual as one of its residents and active contributor
to the community.
I. .
J " �
CHESTERFIELD COUNTY
BOARD OF SUPERVISORS
AGENDA
Page 1 of 1
Meeting Date: January 24, 1996 Item Number: 13. L.
Subject:
Recognizing Dan B. Franks as a Member of the Chesterfield County Committee on
the Future.
County Administrator's Comments:
County Administrator:
Board Action Requested:
Adoption of Resolution
Summary of Information:
MEN M-ALi
Mr. Barber has requested that the Board adopt the attached resolution
recognizing Mr. Dan B. Franks who served as a member of the Committee on
the Future for four years.
Preparers Title: Director, Budget and Management
Jbme�J. L. Stegmaier
Attachments: 0 Yes F-1No
RECOGNIZING DAN B. FRANKS AS A MEMBER OF THE
CHESTERFIELD COUNTY COMMITTEE ON THE FUTURE
WHEREAS, The Committee on the Future was authorized by the
Chesterfield Charter, adopted on February 26, 1987; and
WHEREAS, Mr. Dan B. Franks was appointed to the Committee on
the Future on January 2, 1992 and served for four years
representing the Midlothian District; and
WHEREAS, The Committee on the Future was established to
forecast the condition of the County in the future and to create
the means by which the County can cope with future needs or
problems that are likely to occur; and
WHEREAS, The Committee on the Future shall seek to anticipate
long range problems and changes within the County and develop
solutions that can be considered by elected officials to lessen any
adverse effect on the County because of future changes; and
WHEREAS, The Committee on the Future's "Economic Development"
report resulted in a plan that addresses the areas of strengthening
the county's workforce, county growth and development, and the
residents' needs; and
WHEREAS, The Committee on the Future's "Neighborhood
Preservation" report resulted in a strategic plan which focuses on
the issues of community organizations, neighborhood schools,
community safety and crime prevention, and the maintenance,
rehabilitation, and design of public and private facilities; and
WHEREAS, Mr. Dan B. Franks provided the Committee on the
Future with valuable information concerning finance, taxation, and
land use; and
WHEREAS, Mr. Dan B. Franks demonstrated leadership and
commitment to the Committee on the Future while a member of the
group.
NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County
Board of Supervisors hereby extends its gratitude to Mr. Dan B.
Franks for serving as a member of the Committee on the Future for
four years and acknowledges the good fortune of the County to have
such an individual as one of its residents and active contributor
to the community.
rp
CHESTERFIELD COUNTY
BOARD OF SUPERVISORS
(V AGENDA
Ll 1"A
Meeting Date: January 24, 1996 Item Number:
Subject: RESOLUTION RECOGNIZING MS. MARY LOU COWLES
CHESTERFIELD COMMUNITY SERVICES BOARD
County Administrator's Comments:
County Administrator: �- • -
Board Action Requested:
That the Board adopt the attached Resolution of Recognition.
Summary of Information:
Preparer:
Burt H. Lowe, .D.
Attachments: 0 Yes ❑ No
Page 1 of 1
13.M.
Title: Director, Dept. of MH/MR/SA
WHEREAS, Ms. Mary Lou Cowles representing the Dale Magisterial District has
served as a dedicated and faithful member of the Chesterfield Community Services Board
since her retroactive appointment by the Board of Supervisors in April, 1990; and
WHEREAS, Ms. Cowles having completed two appointed terms as a member of
the Chesterfield Community Services Board is no longer eligible for reappointment; and
WHEREAS, Ms. Cowles has provided important guidance as Chairman of the CSB
Policy Committee and member of the CSB Program Committee; and
WHEREAS, Ms. Cowles has for a number of years been an active volunteer and
concerned citizen of Chesterfield County, serving in various leadership roles to enhance
services to persons with mental disabilities.
NOW, THEREFORE BE IT RESOLVED that the Chesterfield County Board of
Supervisors hereby expresses its sincere gratitude and appreciation to Ms. Mary Lou
Cowles for her significant contributions in the provision of quality mental health, mental
retardation and substance abuse services to the citizens of Chesterfield County.
AND, BE IT FURTHER RESOLVED that a copy of this Resolution be formally
presented to Ms. Cowles and permanently recorded among the papers of the Chesterfield
Board of Supervisors.
#.,49
Meeting Date:
Subject:
N
CHESTERFIELD COUNTY
BOARD OF SUPERVISORS
AGENDA
January 24, 1996 Item Number:
Page 1 of1
13.N.
Resolution Recognizing Miss Stacey Bellamy for Her Contributions
to Chesterfield County Elementary School Students
County Administrator's Comments:
County Administrator:
-***7�1-J 21Y�
BoardAction Requested:
Adoption of attached resolution.
Summary of Information:
Mr. Daniel has requested the Board adopt a resolution recognizing
Miss Bellamy, Miss Chesterfield, for her contributions to
elementary school students throughout Chesterfield County.
Miss Belamy will be present to receive the resolution.
Preparer: ��t�— Title:
Faith L. Davis
Attachments: ■ Yes F1 No
Clerk to the Board of Supervisors
# e 150
4 .—
IE
RECOGNIZING MISS STACEY BELLAMY FOR HER
CONTRIBUTIONS TO THE ELEMENTARY SCHOOL STUDENTS
OF CHESTERFIELD COUNTY
WHEREAS, the Chesterfield County Board of Supervisors wishes
to recognize County citizens who undertake outstanding efforts for
the betterment of the community; and
WHEREAS, Miss Stacey Bellamy, Miss Chesterfield, has
volunteered a significant amount of time, effort, and energy to
carry her message to the students of Chesterfield County; and
WHEREAS, Miss Bellamy, a full time student and Senior at
Virginia Commonwealth University, has spent the last sixteen
months, of her reign as Miss Chesterfield, speaking to students
about the dangers of drug and alcohol abuse; and
WHEREAS, Miss Bellamy carried this message to thirty of the
thirty-four elementary schools; and
WHEREAS, Miss Bellamy has represented not only Chesterfield
County, but the entire Miss America program, speaking on her
platform of drug and alcohol abuse at the elementary school level.
NOW, THEREFORE, BE IT RESOLVED, that the Chesterfield County
Board of Supervisors publicly recognizes Miss Stacey Bellamy for
her dedicated service and contributions to Chesterfield County and
to the elementary school students throughout the County.
AND, BE IT FURTHER RESOLVED, that a copy of this resolution be
presented to Miss Bellamy and that this resolution be permanently
recorded among the papers of this Board of Supervisors of
Chesterfield County, Virginia.
"t-
0-01
Meeting Date:
Subs ect:
CHESTERFIELD COUNTY
BOARD OF SUPERVISORS
AGENDA
January 24, 1996 Item Number:
HEARINGS OF CITIZENS ON UNSCHEDULED MATTERS OR CLAIMS
County Administrator's Comments:
County Administrator:
BoardAction Requested:
Summary of Information:
Page 1 of 1
14.
Staff has received a request from Ms. Virginia Hickey to address
the Board regarding Robious Landing Park boat ramp issues. See
attached.
Preparer: Title:
Faith L. Davis
Attachments: ■ Yes F� No
Clerk to the Board of Supervisors
# �a r
e.Z-o 2
4 . ..-
BOARD OF SUPERVISORS
HARRY G. DANIEL, CHAIRMAN
DALE DISTRICT
ARTHUR S. WARREN, VICE
CHAIRMAN
CLOVER HILL DISTRICT
J. L. McHALE, III
BERMUDA DISTRICT
RENNY B. HUMPHREY
MATOACA DISTRICT
EDWARD B. BARBER
MIDLOTHIAN DISTRICT
January 24, 1996
CHESTERFIELD COUNTY
P.O. Box 40
CHESTERFIELD, VIRGINIA 23832-0040
(804)748-1211
Ms. Virginia Hickey
3410 Boswell Road
Midlothian, Virginia 23113
Dear Ms. Hickey:
LANE B. RAMSEY
COUNTY ADMINISTRATOR
Your request to address the Board of Supervisors under Hearings of
Citizens on Unscheduled Matters or claims has been placed on the
agenda for January 24, 1996 at 7:00 p.m.
Under this category, the Board of Supervisors Rules of Procedure
require that the presentation of the claim not exceed thirty
minutes in total and each individual speaker will have five
minutes.
Persons appearing before the Board will not be allowed to:
(a) Campaign for public office;
(b) Promote private business ventures;
(c) Address matters within the administrative province of the
County Administration;
(d) Engage in personal attacks;
(e) Use profanity or vulgar language; or
(f) Speak to matters previously presented to the Board by the
speaker without the County Administrator's recommendation.
Should you have any questions, please do not hesitate to contact
me.
Sincerely,
/: � . ,
Lane B. Ramsey
County Administrator
Providing a FIRST CHOICE community through excellence in public service. 2 5 3
PU1
i
Mr CHESTERFIELD COUNTY
BOARD OF SUPERVISORS
/RGINV'
AGENDA
Meeting Date: January 24, 1996 Item Number:
Subject•
HEARINGS OF CITIZENS ON UNSCHEDULED MATTERS OR CLAIMS
County Administrator's Comments:
County Administrator: "Aw
BoardAction Requested:
Summary of Information:
Page 1 of 1
14.B.
Staff has received a request from Ms. Faye Palmer to address the
Board regarding the Robious Landing Park. See attached.
Preparers Title:
Clerk to
Faith L. Davis
Attachments: E Yes ❑ No
the Board of Supervisors
a5y.
4 ..—
BOARD OF SUPERVISORS
HARRY G. DANIEL, CHAIRMAN
DALE DISTRICT
ARTHUR S. WARREN, VICE
CHAIRMAN
CLOVER HILL DISTRICT
J. L. McHALE, III
BERMUDA DISTRICT
RENNY B. HUMPHREY
MATOACA DISTRICT
EDWARD B. BARBER
MIDLOTHIAN DISTRICT
January 19, 1996
CHESTERFIELD COUN
P.O. Box 40
CHESTERFIELD, VIRGINIA 23832-0040
(804) 748-1211
Ms. Faye Palmer
14210 Netherfield Drive
Midlothian, Virginia 23113
Dear Ms
ial
LANE B. RAMSEY
COUNTY ADMINISTRATOR
Your request to address the Board of Supervisors under Hearings of
Citizens on Unscheduled Matters or claims has been placed on the
agenda for January 24, 1996 at 7:00 p.m.
Under this category, the Board of Supervisors Rules of Procedure
require that the presentation of the claim not exceed thirty
minutes in total and each individual speaker will have five
minutes.
Persons appearing before the Board will not be allowed to:
(a) Campaign for public office;
(b) Promote private business ventures;
(c) Address matters within the administrative province of the
County Administration;
(d) Engage in personal attacks;
(e) Use profanity or vulgar language; or
(f) Speak to matters previously presented to the Board by the
speaker without the County Administrator's recommendation.
Should you have any questions, please do not hesitate to contact
me.
Sincerely,
Lane B. Ramsey
County Administrator
Providing a FIRST CHOICE community through excellence in public service.
;15q. z
FAME RAIZAEK
1421 q Nome,*ld E�jiv.
Mist othian, ViTilix 23113
t'8,0F! 794-244 3 • FAX (P&) 379.4547
January 10, 1996
Lune S. Ramsey
County Administrator
Chesterfield County
R 0. Dox 40
Chesterfield, Virginia 23332
Dear ter. Ram�Py,
I would like to, be scheduled to Speak in reftarefi ;e to the Robious Larding Parr
at the January 24th, 7:00 p.m. session of the Board of Supervisors meeting.
My c onrern is the lack of notification to surrounding homeOwners before
improvements to this park were authorizzd on the consent"item agenda at the
January:3 Doard of Supervisors meeting. It has always b�erj my conterition
that to involve citizens early on in decisions prevents questioris.and concerns
at a later date.
Sincerely,
E=aYA Palmer
a5q•3
. 1.
5.A
i
CHESTERFIELD COUNTY
" BOARD OF SUPERVISORS Page 1 of 5
AGENDA
Meeting Date: January 24, 1996 Item Number: 15.A.
Subject: Public Hearing for FY97 Enhancement Projects
County Administrator's Comments:
County Administrator:
Board Action Requested: A public hearing is scheduled for January 24,
1996, to consider FY97 Enhancement Projects.
Summary of information:
BACKGROUND: The enhancement program is a Virginia Department of
Transportation (VDOT) program intended to creatively integrate
transportation facilities into the surrounding communities and the natural
environment. Projects eligible for funding include pedestrian and bicycle
facilities, scenic easements, historic highway projects, landscaping,
historic preservation, rehabilitation of historic buildings, preservation
of railroad corridors, removal of outdoor advertising, archeological
planning, and research and mitigation of pollution due to highway runoff.
A $7 million per year statewide enhancement fund has been established for
VDOT to carry out the program. Transportation enhancement projects will be
financed with 80 percent VDOT funds and a minimum 20 percent local match.
VDOT staff will evaluate project applications and make a recommendation to
the Commonwealth Transportation Board for inclusion in the 1997 Six Year
Improvement Program.
Preparer: 011- LLTitle: Director of Transportation
J. McCracken
agen241
Attachments: N Yes F-1 No #
�a 3J
CHESTERFIELD COUNTY
" BOARD OF SUPERVISORS Page 2 of 5
AGENDA
Summary of Information: (Continued)
A public hearing must be held and the Richmond Metropolitan Planning
Organization(MPO) and Tri -Cities MPO must approve the projects in order for
the projects to be considered by VDOT. Attached is a proposed listing of
FY97 Enhancement Projects (see Attachment 'A').
This proposed project list is the same list of projects approved by the
Board and submitted to VDOT for FY96 with the following changes:
• Add Hopkins Road Sidewalk, Street Lights, and Landscaping Project
at an estimated cost of $150,000.
• Add Monacan High School/Gordon Elementary School Sidewalk Project
at an estimated cost of $200,000.
• Remove the Woodlake Bike Trail Project. The Woodlake Community
Association has elected not to resubmit their application this
year.
• Remove the Virginia Civil War Overland and Richmond Metropolitan
Battlefield Project (Phase II). This project was funded by the
enhancement program last year.
• Remove the Falling Creek Greenway Project. This project was
funded by the enhancement program last year.
• Remove the Clarendon Greenway Project. The Parks and Recreation
Department has recommended that this project not be resubmitted.
• Remove Sidewalks -Ettrick Various Locations. Project completed
under another program.
• Add the Appomattox Linear Park Study at an estimated cost of
$25,000 for a passive recreation and trails study along the
Appomattox River.
�� 6
CHESTERFIELD COUNTY
BOARD OF SUPERVISORS Page 3 of 5
AGENDA
Summary of Information: (Continued)
• Add the Virginia Civil War Overland and Richmond Metropolitan
Battlefield Project (Phase III) at an estimated cost of $600,000.
• Add Purchase of Aikens Swamp and Improvements to Henricus Access
Trail at an estimated cost of $551,000.
• Adjust priority numbers.
The local match for the following projects has previously been provided:
• Landscaping Route 10 (Centralia Road to Chester Road) (Board
appropriation)
• Smoketree Drive Bike Lane (Board appropriation)
• Sidewalks/Landscaping - Route 60 Phase II (Village of Midlothian
Volunteer Coalition)
• Virginia Civil War Overland and Richmond Metropolitan Battlefield
Project Phase III (Board appropriation $4,000 Chesterfield share
regional project)
Staff is recommending the Board appropriate funds for the Hopkins Road
Sidewalk Project and for the Monacan High School/Gordon Elementary School
Sidewalk Project. Parks and Recreation budget, in kind services and/or
private donations will be used for the local match for the Appomattox
Linear park Project and the Aikens Swamp Project.
If the Board wishes to add additional projects, the 200 local match would
need to be appropriated.
RECOMMENDATION: Staff recommends that the Board take the following
actions:
1. Approve the proposed FY97 Enhancement Projects list and forward it to
the Richmond and Tri -Cities MPO and VDOT for approval.
CHESTERFIELD COUNTY
BOARD OF SUPERVISORS Page 4 of 5
AGENDA
Summary of Information• (Continued)
2. Adopt the attached resolutions requesting VDOT approval and
guaranteeing the local match funds for the following projects:
• Hopkins Road Sidewalks, Street Lights, and Landscaping Project
0 Monacan High School/Gordon Elementary School Sidewalk Project
• Landscaping Route 10 (Centralia Road to Chester Road)
• Smoketree Drive Bike Lane
• Sidewalks/Landscaping - Route 60 Midlothian Phase II
• Appomattox Linear Park Study
0 Virginia Civil War Overland and Richmond Metropolitan Battlefield
Project Phase III
• Purchase of Aikens Swamp and Improvements to Henricus Access Trail
3. Appropriate $30,000 for the Hopkins Road Sidewalk Project and $40,000
for the Monacan High School/Gordon Elementary School Project for the
20% local match.
4. Authorize the County Administrator to enter into enhancement project
construction and/or design agreements with VDOT, consultants and/or
contractors subject to approval by the County Attorney.
DISTRICT: County -Wide
0. 8
n
F]
CHESTERFIELD COUNTY
PROPOSED FY97 ENHANCEMENT PROJECTS
PRIORITY
PROJECT
ESTIMATED
COST
1
Hopkins Road Sidewalk
$ 150,000
2
Monacan High School/Gordon Elementary Sidewalks
$ 200,000
3 1
Landscaping Route 10 (Courthouse Complex -
Chester)
*$ 80,000
4 -2
Bike Lane - Smoketree Drive
*$ 70,000
—�
5 &
Eppington - Historic Park
$ 250,000
--- 5;$A9
6 8
Sidewalks - Rt. 1 Various Locations (Chippenham
Parkway - Rt. 288)
$ 115,000
7 9
Landscaping Rt. 10 (1-295 Interchange Area)
$ 50,000
vua. vvums E«iia, r•oLTSCVCGfCTeTTS
69,OGG
844
Courthouse Complex Bike Trail Network
$ 25,000
9+2
Sidewalks/Landscaping-Rt. 60 Midlothian Phase II
$ 60,000
10+3
Powhite Parkway/Chippenham Parkway Landscaping
(Phase 1)
$1,000,000
11
Appomattox Linear Park Study
$ 25,000
12 4
Virginia Civil War Overland and Richmond
Metropolitan Battlefield Project - Phase -FI Phase III
,
$ 600,000
13
Purchase of Aikens Swamp and Improvements to
Henricus Access Trail
$ 551,000
Local match previously appropriated by the Board of Supervisors
ATTACHMENT A
1'%0
9
CHESTERFIELD COUNTY: At a regular
meeting of the Board of
Supervisors, held at the Courthouse
on January 24, 1996, at 7:00 p.m.
WHEREAS, in accordance with Commonwealth Transportation
Board (CTB) construction allocation procedures, it is necessary
that the local governing body request, by resolution, approval of
the proposed enhancement projects.
NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors
of Chesterfield County requests the CTB to establish a project
for the Hopkins Road Sidewalk Project.
BE IT FURTHER RESOLVED that the Board hereby agrees to pay
20 percent of the total estimated cost of $150,000 for planning,
design, right-of-way, and construction of the Hopkins 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.
Vote:
Certified By:
Faith L. Davis, Clerk
to the Board of Supervisors
262
CHESTERFIELD COUNTY: At
meeting of the Board of
Supervisors, held at the
on January 24, 1996, at
a regular
Courthouse
7:00 p.m.
WHEREAS, in accordance with Commonwealth Transportation
Board (CTB) construction allocation procedures, it is necessary
that the local governing body request, by resolution, approval of
the proposed enhancement projects.
NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors
of Chesterfield County requests the CTB to establish a project
for the Monacan High School/Gordon Elementary School Sidewalk
Project.
BE IT FURTHER RESOLVED that the Board hereby agrees to pay
20 percent of the total estimated cost of $200,000 for planning,
design, right-of-way, and construction of the Monacan High
School/Gordon Elementary School 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.
Vote:
Certified By:
Faith L. Davis, Clerk
to the Board of Supervisors
02E;3
CHESTERFIELD COUNTY: At a regular
meeting of the Board of
Supervisors, held at the Courthouse
on January 24, 1996, at 7:00 p.m.
WHEREAS, in accordance with Commonwealth Transportation
Board (CTB) construction allocation procedures, it is necessary
that the local governing body request, by resolution, approval of
the proposed enhancement projects.
NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors
of Chesterfield County requests the CTB to establish a project
for phase one of the Route 10 Landscaping project from the
Courthouse Complex to Chester Road.
BE IT FURTHER RESOLVED that the Board hereby agrees to pay
20 percent of the total estimated cost of $80,000 for planning,
design, right-of-way, and construction of phase one of the
Route 10 Landscaping project from the Courthouse Complex to
Chester Road, 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.
Vote:
Certified By:
Faith L. Davis, Clerk
to the Board of Supervisors
r..64
CHESTERFIELD COUNTY: At a regular
meeting of the Board of
Supervisors, held at the Courthouse
on January 24, 1996, at 7:00 p.m.
WHEREAS, in accordance with Commonwealth Transportation
Board (CTB) construction allocation procedures, it is necessary
that the local governing body request, by resolution, approval of
the proposed enhancement projects.
NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors
of Chesterfield County requests the CTB to establish a project to
provide bike lanes on Smoketree Drive.
BE IT FURTHER RESOLVED that the Board hereby agrees to pay
20 percent of the total estimated cost of $70,000 for planning,
design, right-of-way, and construction of the Smoketree Bike Lane
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.
Vote:
Certified By:
Faith L. Davis, Clerk
to the Board of Supervisors
265
CHESTERFIELD COUNTY: At
meeting of the Board of
Supervisors, held at the
on January 24, 1996, at
a regular
Courthouse
7:00 p.m.
WHEREAS, in accordance with Commonwealth Transportation
Board (CTB) construction allocation procedures, it is necessary
that the local governing body request, by resolution, approval of
the proposed enhancement projects.
NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors
of Chesterfield County requests the CTB to establish a project to
provide a Sidewalks/Landscaping - Route 60 Midlothian Phase II
Project.
BE IT FURTHER RESOLVED that the Board hereby agrees
20 percent of the total estimated cost of $60,000 for planning,
design, right-of-way, and construction of the
Sidewalks/landscaping - Route 60 Midlothian Phase II Project,
will be paid by the Village of Midlothian Volunteer Coalition,
and that, if the Board subsequently elects to unreasonably cancel
this project, the County of Chesterfield hereby agrees that the
Coalition will reimburse the Virginia Department of
Transportation for the total amount of the costs expended by the
Department through the date the Department is notified of such
cancellation.
Vote:
Certified By:
Faith L. Davis, Clerk
to the Board of Supervisors
9
CHESTERFIELD COUNTY: At a regular
meeting of the Board of
Supervisors, held at the Courthouse
on January 24, 1996, at 7:00 p.m.
WHEREAS, in accordance with Commonwealth Transportation
Board (CTB) construction allocation procedures, it is necessary
that the local governing body request, by resolution, approval of
the proposed enhancement projects.
NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors
of Chesterfield County requests the CTB to establish a project
for the Appomattox Linear Park Study.
BE IT FURTHER RESOLVED that the Board hereby agrees to pay
20 percent of the total estimated cost of $25,000 for planning,
design, right-of-way, and construction of the Appomattox Linear
Park Study, 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.
Vote:
Certified By:
Faith L. Davis, Clerk
to the Board of Supervisors
26 7
1E
CHESTERFIELD COUNTY: At a regular
meeting of the Board of
Supervisors, held at the Courthouse
on January 24, 1996, at 7:00 p.m.
WHEREAS, in accordance with Commonwealth Transportation
Board (CTB) construction allocation procedures, it is necessary
that the local governing body request, by resolution, approval of
the proposed enhancement projects.
NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors
of Chesterfield County requests the CTB to establish a project to
document and interpret a multi -jurisdictional Virginia Civil War
Project Phase III as proposed by the Metropolitan Richmond
Convention and Visitor's Bureau.
BE IT FURTHER RESOLVED that the Board hereby agrees to pay
$4,000 as its share of the multi -jurisdictional project.
Vote:
Certified By:
Faith L. Davis, Clerk
to the Board of Supervisors
2GS
V
CHESTERFIELD COUNTY: At
meeting of the Board of
Supervisors, held at the
on January 24, 1996, at
a regular
Courthouse
7.00 p.m.
WHEREAS, in accordance with Commonwealth Transportation
Board (CTB) construction allocation procedures, it is necessary
that the local governing body request, by resolution, approval of
the proposed enhancement projects.
NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors
of Chesterfield County requests the CTB to establish a project
for the Purchase of Aikens Swamp and Improvements to Henricus
Access Trail in Chesterfield County.
BE IT FURTHER RESOLVED that the Board hereby agrees to pay
20 percent of the total estimated cost of $551,000 for planning,
design, right-of-way, and construction for the Purchase of Aikens
Swamp and Improvements to Henricus Access Trail in Chesterfield
County, 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.
Vote:
Certified By:
Faith L. Davis, Clerk
to the Board of Supervisors
01?69
MAKE CHECKS PAYABLE TO THE PLOG R ESS INDEX
0 05 0 9 3 15 Franklin Street P.O. Box 71
Petersburg, Va. 23804.0071
Phone - 732.3456
Chesterfield, Board of SuPery
P.O. Box 40
A#261
Chesterfield, VA
23832-0040
s >NOT I C:E OF PUBLIC:
HEARING
TRANSPORTATION
ENHANCEMENT
PROGRAM
INVOICE FOR
No. 0018 CLASSIFIED ADVERTISING
Wp TIMES AMOUNT
r, $07.90
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AFFIDAVIT OF
PUBLISHED ADVERTISING
State of Virginia
Cit, of Petersburg
M
I, RUSSELL TURNER, being duly sworn, do, upon m, oath, depose
and say that I am Classified Manager of The
Prosress—Index, a newspaper printed in said Cit, and State,
and that the advertisement of: NOTICEOF
was published b,: Chesterfield , Board of Supervi
P.O. Box 40
A#261
Chesterfield, VA 23832
was published in said paper on: Jan. 10, 17/96
"n"
--------
Classified yinvy
LM
NOTICE OF PUBLIC
HEARING
TRANSPORTATION
ENHANCEMENT
PROGRAM
Take notice that the
County Administrator
has submitted a recom-
mended 1996-97 Trans-
portation Enhancement
Program to the Board of
Supervisors. The Board
of Supervisors will hold
a public hearing at its
regular meeting on Janu-
ary 24, 1996 at 7:00
P.m. in the County
Public Meeting room at
the Chesterfield Govern-
ment complex, at10031
Iron Bridge Road, Ches-
terfield, Virginia, to con-
sider the Program. The
County intends to apply
for funds allocated by
the Virginia Department
of Transportation
(VDOT) for the
Program.
Objectives of the County
Transportation Enhance-
ment Program include:
• Provision of facilities
for bicycles and pede-
strains.
• Acquisition of scenic
easements and scenic
or historic sites.
• Scenic or historic high-
way programs.
• Landscaping and other
scenic beautification.
• Historic preservation.
• Rehabilitation and op-
eration of historic
transportation buil-
dings, structures, or
facilities including
historic railroad
facilities and canals.
• Preservation of aban-
doned railway corri-
dors including the
conversion and use
thereof for pedestrians
and bicycle trails.
Improvements are prop-
osed throughout the
County. VDOT is not
required, however, to
fund all or any of the
proposed improvements.
The proposed enhance-
ment program includes
the following projects:
PROPOSED FY97
ENHANCEMENT
PROJECTS
PRIORITY: 1
PROJECT: Hopkins
Road Sidewalk, Street
Lights, & Landscaping
Project
ESTIMATED COST:
$150,000
PRIORITY: 2
PROJECT: Monacan
High School/Gordon
Elementary Sidewalks
ESTIMATED COST:
$200,000
PRIORITY: 3
PROJECT: Landscaping
Route 10 (Courthouse
Complex -Chester)
ESTIMATED COST:
$80,000
PRIORITY: 4
PROJECT: Bike Lane-
Smoketree Drive
ESTIMATED COST:
$70,000
PRIORITY: 5
PROJECT: Eppington-
Historic Park
ESTIMATED COST:
$250,000
PRIORITY: 6
PROJECT: Sidewalks -Rt.
1 Various Locations
(Chippenham Parkway -
Rt. 288)
ESTIMATED COST:
$115,000
PRIORITY: 7
PROJECT: Lanscaping
Rt. 10 (I-295 Inter-
change Area)
ESTIMATED COSE:
$50,000
PRIORITY: 8
PROJECT: Courthouse
Complex Bike Trail
Network
ESTIMATED COST:
$25,000
PRIORITY: 9
PROJECT: Sidewalks/
Landscaping -Rt. 60
Midlothian Phase Il
ESTIMATED COST:
$60,000
PRIORITY: 10
PROJECT: Powhite
Parkway/Chippenham
Parkway Landscaping
(Phase I)
ESTIMATED COST:
$1,000,000
5
PRIORITY: 11
PROJECT: Appomattox
Linear Park Study
ESTIMATED COST:
$25,000
PRIORITY: 12
PROJECT: Virginia
Civil War Overland
and Richmond Metropo-
litan Battlefield
Project -Phase III
ESTIMATED COST:
$600,000
PRIORITY: 13
PROJECT: Purchase of
Aikens Swamp and Im-
provements to Henricus
Access Trail
ESTIMATED COST:
$551,000
Citizens who would like
to comment on the
County's proposed
Transportation Enhance-
ment Program are en-
couraged to send their
comments in writing to
the Transportation De-
partment, Chesterfield
County, P.O. Box 40,
Chesterfield, VA 23832,
Attention: R.J.
McCracken.
A copy of the proposed
program is on file in the
Transportation Depart-
ment, Room 201 at the
Chesterfield Administra-
tion Building, 9901 Lori
Road, Chesterfield, VA
23832 and may be exa-
mined by all interested
persons between the
hours of 8:30 a.m. and
5:00 p.m., Monday
through Friday. Further
information, please call
748-1037.
�zrl�nta�d �zme� -�z tc�
An Affiliate of Media General P. 0. BOX 85333
Richmond, Virginia 23293-0001
(804) 649-6000
Advertising Affidavit
(This is not a bill, please pay from invoice)
CHESTERFIELD CO.BO.SUPV
ATT THERESA PITTS
BOARD OF SUPERVISORS
P 0 BOX 40
CHESTERFIELD VA 23832
Account NuI'1?.
220806
Date;<'
01/17/96
Date Code Description Ad Size Total Cost
01/17/96 121 PUBLIC HEARING
P QF PUBLIC HEARING
N ENHANCEMENT PROGRAM
Tate notice that .the Countyty Administrator has submitted a recommended
199697 n .Enhancement Program to the Board of
Supervisorss of Supervisors will hold' a public hearing at its
regular rpeeting on January 24, 1996, at 7:00 p.m. in the County Public
M Room at the Chesterfield Government Complex, at 10031 Iron
Bridge w4 Chesterfield, V' a, to consider the Program.. The County
intends to far funds ted by the Virginia Department of
Transports for the Program.
Objectives of the County Transportation Enhancement Program include:
Prc�ion of facilities for bicycles and pedestrians.
AcquWd n of scenic easements and scenic or historic sites.
Scenic or historicproSra�;
• Landscaping and o r scenic autcfication.
• Historic preservation.
Rehabilitation and operation of historic transppoort��a�tion
struct♦ues, or facilities including historic raihbad•facilities an
Pzeservationof abandoned railway corridors including the conversion gad
use thereof for pedestrian and bicycle trails.
improvements aremut the Coamy. VDM ,is not
required, however, mw all or any of the proposed improvements..
no proposed enhancement program includes the following projects:, .
PROPOSEI?'FM ENHANCEMENT PROJECTS
ESTIMATED
PRIORITY. PROJECT COST
1 H lams Road Sidewallt, Street S1SO,0QY
Lis, & Landscaping"Project
2 Monacan High School/Gordon $ 2WW
Elementary Sidewalks
3` Landscaping Route 10
(C ourthouse Complex -Chester)
4 P.> � Dive .S 7t►,iWO
S Eppmglon - x�;�a
6 Sidewa>h, .. Rt A Varicuas 5 t'
3 x127 3,036.57
Newspapers, Inc.
Publisher of
TIMES -DISPATCH
the attached MEETINGS - COMING EVENTS
and Newspapers, Inc., in the City
/irginia, on the following dates:
96 01/17/96
given .... 01/10/96
fore
is Supervis r
03/31 /97
AY FROM INVOICE. THANK YOU
I ;. 8
CHESTERFIELD COUNT
CV) BOARD OF SUPERVISORS Page 1 of?
AGENDA
Meeting Date: Jam,a4 24, 1996 Item Number: 15. B.
Subject:
Public hearing to consider amending the County's noise ordinance regarding (1) early morning
trash pick-up (2) outdoor music and (3) car radios.
County Administrator's Comments:
T1eca.Q apptzfttt.
County Administrator: t -Ame._
BoardAction Requested:
Adopt the attached amendment to the County's noise ordinance to regulate (1) early morning
trash pick-up (2) outdoor music and (3) car radios.
Summary of Information:
On November 8, 1995, the Board deferred the consideration of amendments to the
county's noise ordinance regulating: (1) early morning trash pick-up, (2) outdoor music and
(3) car radios, until December 13, 1995. On December 13, 1995, the Board set a public
hearing for January 24, 1996 to consider the following amendments proposed by staff to
address these issues:
(1) Early Morning Trash Pick-up
On October 11, 1995, the Board held a public hearing to consider a proposed
amendment to the noise ordinance to prohibit trash pick-up prior to 7:00 a.m. Based on
comments made at the public hearing, the Board closed the public hearing and deferred
action on the item to allow staff to revise the amendment to prohibit waste pick-up prior to
5:00 a.m. in residential areas only and to obtain comments from the trash -hauling industry.
Staff sent the revised ordinance to all of the trash haulers licensed in the County and to
PreP arer: itle:
Steven L. Micas
Attachments: 0 Yes F1 No
County Attorney
1014:12612.1(11192.1)
# x'',70
CHESTERFIELD COUNTY
BOARD OF SUPERVISORS
AGENDA
Summary of Information: (Continued)
Page z 02—
members of the Solid Waste Advisory Committee for comment. Staff received comments
from 15 of the recipients, all of whom indicated their agreement with the proposed language.
After the Board set the public hearing for January 24, 1996, staff again sent letters to all of
the haulers and members of the Solid Waste Advisory Committee to notify them of the
upcoming public hearing and to solicit their comments. To date no comments have been
received. Staff therefore recommends that the Board adopt the attached ordinance
amendment to prohibit trash pick-up prior to 5:00 a.m. in residential areas. (See attached,
§15.1-25(g))
(2) Outdoor Music
On October 25, 1995, a citizen addressed the Board and requested an additional
amendment to the noise ordinance to prohibit the playing of any outdoor music which can
be heard at a distance greater than 50 feet. The citizen also requested an amendment to
limit the length of time music can be played outside to two hours in any 24 hour period.
The citizen has proposed these changes because he has a neighbor who plays music at low
volumes for a number of hours per day on a regular basis. The current noise ordinance
does not authorize the police to issue a summons unless the music can be heard inside the
citizen's house. In this case, the citizen could not hear the neighbor's music unless he was
outside. Therefore the police could not issue a summons to prohibit this activity under the
current noise ordinance. Staff thinks that the citizen's proposed amendments are too broad
and may impact citizens or businesses engaging in legitimate activities who are not disturbing
anyone and that the citizen's unique situation can be remedied by the attached changes to
§15.1-24 and §15.1-25(a). These changes would authorize the police to issue a summons for
loud or excessive noise that is audible either inside or outside a residence.
(3) Car Radios
Staff recommends that the Board amend that portion of the noise ordinance adopted
on October 11, 1995, which prohibits citizens from operating car radios which can be heard
at a distance of 50 feet or more in order to exempt sirens, loud speakers and emergency
communications radios in public safety vehicles and motor vehicle alarms. (See attached,
§15.1-25(f)). Staff is concerned that the ordinance's language is broad enough to include
sirens, loud speakers and emergency communications radios and could jeopardize the safety
of officers and citizens if officers are not permitted to use these devices or listen to their
emergency communications radios when they are fifty feet or more fr.
# 271
taw
AN ORDINANCE TO AMEND THE CODE OF THE COUNTY
OF CHESTERFIELD, 1978, AS AMENDED, BY AMENDING
AND REENACTING SECTION 15.1-24 AND 15.1-25 RELATING TO
NOISE - UNREASONABLY LOUD, ETC. - PROHIBITED
BE IT ORDAINED by the Board of Supervisors of Chesterfield County:
(1) That Section 15.1-24. of the Code of the County of Chesterfield, 1978, as
amended, is amended and reenacted to read as follows:
Sec. 15.1-24. Noise --Unreasonably loud, etc. --Prohibited.
It shall be unlawful to create any unreasonably loud or disturbing noise in the county, and
noise of such character, intensity or duration as to be detrimental to the life or health
of any person or to unreasonably disturb or annoy the quiet, comfort or repose of any
person
is hereby prohibited.
(2) That Section 15.1-25. of the Code of the County of Chesterfield, 1978, as
amended, is amended and reenacted to read as follows:
Sec. 15.1-25. Noise - Unreasonably Loud, etc. - Prohibited --Enumeration.
The following acts, among others, are declared to be loud and disturbing noises in violation
of the preceding section, but a h.eenumeration shall not be deemed to be exclusive, namely:
w
(a) The playing o any radio, phonograph or any musical instrument in such a manner or
with such volume, as to annoy or disturb the quiet, comfort or repose of persons in or on
the property of any dwelling, hotel or other type of residence.
(b) The keeping of any animal or bird which, by causing frequent or long -continued noise,
shall disturb the comfort and repose of any person in the vicinity to such an extent as shall
constitute a nuisance.
(c) The creation of any excessive noise on any street adjacent to any school, institution of
learning, or court while the same is in session, or adjacent to any hospital, which
unreasonably interferes with the workings of such institution, or which disturbs or unduly
annoys patients in the hospital, provided conspicuous signs are displayed in such streets
indicating that the same is a school, hospital or court street.
(d) The shouting and crying of peddlers, hawkers and vendors or the ringing of bells, which
disturbs the peace and quiet of the neighborhood.
1014:11192.1 -1-
02iz
(e) The use of any drum, loudspeakers or other instrument or device for the purpose of
attracting attention by creation of noise to any performance, show, sale or display of
merchandise.
(f) The playing, use or operation or permitting the playing, use or operation of any radio,
stereo, tape player, compact disc player, loud speaker or other electronic device or
mechanical equipment used for the amplification of sound, which is located within a motor
vehicle and which is audible from outside the motor vehicle at a distance of fifty (50) feet
or more. This provision shall not apply to sirens, loud speakers and emergency
communications radios in public safety vehicles, nor shall it apply to motor vehicle alarms
or other security devices.
fo The creation of loud and excessive noise in residential areas before the hour of 5:00
a.m. in connection with the loading or unloading of refuse or waste collection vehicles.
(3) That this ordinance shall become effective immediately upon adoption.
1014:11192.1
-2-
i'%3
INVOICE FOR
MAKE CHECKS PAYABLE TO No -7 00 14 CLASSIFIED ADVERTISING
F AMOUNT
THE PFOGRESS INDEX wo TIMES
Win Street P.O. Box 71 'P? -7
005094 15 Fra $63-00
Air Petersburg, Va. 23804.0071 YOUR CLASSIFIED INVOICE IS
Phone - 732-3456 NOW DUE. IF NOT PAID WITHIN 14
DAYS AMOUNT DUE WILL BE $63.00
PHONE CLERK
74.9-1200 mk
INDEXING TERMS:
Chesterfield: Board of Supery
P.O. Box 40
A#261
Chesterfield, VA
238:32-0040
>>TAKE NOTICE
Take notice that the
Board of Supervisors of
Chesterfield County, Vir—
ginia, at a regular sche—
(J
TAKENOTI
AD GIVEN By
CLASSIFICATION
Board of sup
001
CODE
SOLICITED
BY
OPERATOR
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:3.4
a
START DATE
STOP DATE
SKIP SCHEDULE
01/10/96101/17/96
X
SMTWTFS
PLEASE PAY PROMPTLY
,
AFFIDAVIT OF
PUBLISHED ADVERTISING
State of Virginia
Cit, of Petersburg
I, RUSSELL TURNER, being duly sworn, do, upon m, oath, depose
and say that I am Classified Manager of The
Prosress—Index, a newspaper printed in said Cit, and State,
and that the advertisement of: TAKENOTI
was published b,: Chesterfield , Board of Supervi
P.O. Box 40
A#261
Chesterfield, VA 23832
was published in said paper on: Jan. 10, 17/96
M "- A JtQQTA"y�"---
Classified
Manager
TAKE NOTICE
Take notice that the
Board of Supervisors of
Chesterfield County, Vir-
ginia, at a regular sche-
duled meeting on Janu-
ary 24, 1996 at 7:00
p.m. in the County
Public Meeting Room at
Chesterfield Courthouse,
Chesterfield, Virginia,
will hold a public hear-
ing to consider:
An ordinance amending
the Code of Chesterfield
County, Sections 15.1-24
and 15.1-25 regulating 1)
early morning trash pick-
up, 2) outdoor music,
and 3) car radios.
If further information is
desired, please contact
Ms. Lisa C. Dewey, As-
sistant County Attorney,
at 748-1491.
Jan. 10, 17/96
ErhmonD
An Affiliate of Media General P. 0. Box 85333
Richmond, Virginia 23293-0001
(804) 649-6000
Advertising Affidavit
(This is not a bill, please pay from invoice)
CHESTERFIELD CO.BO.SUPV
ATT THERESA PITTS
BOARD OF SUPERVISORS
P 0 BOB 40
CHESTERFIELD VA 23832
Account Num -
220806
Date
01/17/96
Date
Code `
Description
Ad Size
Total Cost
01/17/96
121
TAKE NOTICE TAKE NOTICE THAT THE BOARD 0
1 x 19
158.84
Richmond Newspapers, Inc.
Publisher of
THE RICHMOND TIMES -DISPATCH
This is to certify that the attached MEETINGS - COMING EVENTS
was published by Richmond Newspapers, Inc., in the City
of Richmond, State of Virginia, on the following dates:
01/10/96 01/17/96
The first insertion being given .... 01/10/96
Sworn to and subscribed before
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My Commission expires 03/31/97
Supervis r
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