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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 37¢3Meo'orq ,t -lace D,�'b n3,,o,2 7'7 �-19.201, X01 50 T- Mab parcel NO. 097-//-/B-00-000-00'7 eoe' oiuJ a r. „ki,� �� '-1 �� G .) rb � 1 I °53 1-7.p0 ,C,o t 8 M -� \- 4,0 t /7 t CYQ; Cjc �jeli, y�r O U N S Temp . Cor7s . �iSI77f• CP.g 831- 62) CD -easernel7t t he vcrccytec�/ 1�1-40 015 / Y ,44,61?O�c9 �fusf.50', 0--/�/ r Marr B:-13eall No. 1613 le Z4b 042 P SHOWING' el pO&T/O/Y 0)%=- elSXIA-11 3M,4= SLMZIYT TO CT Vc9Cc9T,�,d 015 �C�OT '7, S,5GT/Z)/y "�" , Ml",,t4,n 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 • rv, i6Y•7 V \xh u V �} 'A �y XM� ti ti kh + ti \V ,, V open space )yZ. \ ✓" per. � `\ 10 �11 •: Fx R ` _ ► s� Rs - %'t= oodl estm sqcidt�g T T r ` Sal s center offices \ r h E SEW 197N `� \♦ \ \�� \ � o" "'o Al79°Z3 l CQ V6 t4 Od VL �rE s ?s� / iia/ r ,fir JoV K• Nye. \ � /� a[. i / ... �� �.y / , t fit. x � �;� I / � �� - �• 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 .q/L. FND D/rCH -TQ. PED U D0 IfDEERRUN" SEC. 1I 17 18 N o � EASEmSVT 43 /3 4 —__ 0 3122 goo 130. 48 w—�\ � F ° N 64 F"o JW ti ' 36 S COMPLETEA7TAdim '' ' SHED F,T. DIP 9 T W 0 STORY VINYL SIDING 2'-\ , f7rNo.I3743 N'W C.37zIt �' $t° jF vo 1-=41.151 50 Nip, 0� R= 50 00 RX FND NASHUA TURN 0 a b M. H ^C � � W Q 3 �j 70 43'E 16,? 35 hctr lo�� NOTE : U /G UTILITIES �ry PLAT S17joV:ING I MPRO"ENTS ON LUT 36, PLAN OF "DEER RUN", SECTION "10'x, IN THE MBCA DISTRICT CF CHESTERFIELD COUNTY, VIRGINIA. i made an accurate 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 PK � Ct r0R N1�EpJ0 � '"9 OPN � g P'1F�' It HE SMAN SWlfp-� NC�'E OE``Q F` m 1�app2 oAUP OpOPE04�' ei+ Creek = OeOQ' 0 9 U K R AOMC �{s KED 661 s ' ,S KEArr,, O Y yp�T NOGcy'� s 662 1 �? 09 BE ES p ER 4N` COPi\0 1fiPlE W LEAWNGM 1c 0 OR I WAY t 2 FRR oo", oo �e BIRKDwL- " � c�McP n H Z f � 13700 11GHWlE E? 661 S 9 O � 3 Mfg100�i` U0 ER100 - � 7, f 'r'SUMME EOG �55j,SUMMFq� i �MMfgFp� �y�7 HE i t 1 621 �E 0 `j 5 0 �Amkqc%! 0 PROVIDE CONSTRUCTION JOINT CONNECTION. SEE DL BELOW. ` OPEN 5PAGE "D" 10 N2'70633W 194.45' -21 ti w MH MIK SETD/�LK \ �� ITIE5 GR N + ` Z � `2617 I I 1800 ,QP \ 1 `. \ \ 7 31 g A g o `� � _- LOT 99 1 i i 1233 0` iiw 1 ---� FfOP05ED 16.00 Ik II I 11 r 1 1 1 11 N I 1 11 11 11 Il II 3.00' 11 It i + 1 432,�,. R 1 • 2.34'1 T'- 12!02' II�Ilil �+✓ ��+ I 1 LM 2 00' 15" RGP I it '`'-:�� � � I i-S2423'26"E APPROX. LIMIT5 OF NUTrnL CPIICf�V/nLC vim. 100 YR. DAGK - WATER EXIST. CONC. APRON MEK5EY5 I DE LANE SLOPE BOTTOM OF (40R/W) TOP EXIST APRON 1 APRON AT 2% 4" CONCRETE BOTTOM EXIST. APRON 5' �2' --- -- COMPACTED SUBGRADE ------ r 2' PROP. CONC. APRON 4" #57 STONE MATCH GRADE 5EGT I ON VIEW — PROP. APRON AT BOTTOM OF EXIST. APRON PLAN VIEW o���ALTH OF GRADING PLAN- y LOT 98, 5EGTION 8 LEE o. ORE E5 1 RKDALE No. 1656 MATOAGA 1)15TRIGT, GHE5TERFIELO (,OUNTY, VIRGINIA 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 H r 0 z tz 70 ti 0 m m 0 D tj d m z 0 m 0 to m f r D D Z H m D mN 1 1 3 m z x m D � m X 0 o � m M K � z F- > --1 (— m 0 o D d n D r rrl m N b !— n z I m �7 C D m G vT N m tz C) Z Rl I D ry 0 I z Cil C7 o �= a x 3 m MM z --i ` cn H � N m /o - N .-O m m 3 Z M tj b z D m tj --I(-)0 r*lDo:c mxcz t -i z m 3 �7 -- O O O CD Cil w ry c-) CD I = fUoM C l ON V) I --i _p Om Cl I TI M p H o M w I r Cnod p� o 0 I < Q H N �7 z H D v �r � D m -' D 0 N D m n 3 n 0 z 3 N D = Z M m IW O 9 W N 10 w ' .' C:) v A H 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 $181,500.00, lying west of Harrowgate Road and adjacent to the site for Carver Middle School. Approval is recommended. Budget and Management Comments: District: Bermuda Preparer• Z.f ohn W. Harmon Attachments: = Yes No Title: Right of Way Manager # 057 l . VICINITY SKETCH APPROVAL OF THE PURCHASE OF A PARCEL OF LAND AND IMPROVEMENTS FOR ACCESS TO THE REPLACEMENT SITE FOR CARVER MIDDLE SCHOOL FROM SAMUEL A WILLIAMS AND DOROTHY K WILLIAMS )q ( -y EXHIBIT "All Aw N \ a \M• s ° o i • ` P \ R' 44 ♦�`\ `'�OOAO s o w • ` GAWP � s .e- NAPPO� <$ eepe to so R \\\ N p y ar 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. g�A - :: „ , PROPOSED CAR U N O lOn e N f Z i $ � m R 1177 waw^ O „ o rw° Is•°• I D M G W O O' i NARROW�� I I PAS C)G0 It 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 n62 -d� �C L!v LAMvtR jv{tpplE CIOScNoo 139AND6P-S Ole)P6E Fl>. (ZT 6Zs 2t � 0 �T. �G3 m m 064 j� m� Z4 24 m 0 I mW \ Z aD �a 0 a d _ ti 3 I d � 3G' -i rn v 065 JACoBS 2D f2TE G43 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 1 ( 46AYH/1.It- Vicinity Map 067 C40, 4 /X 0-(,)g 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 0178 � o � v d'lq�y �icho�dsCA Oi� m oJ N V) P �� 10 a(Q 4 qj r 0f ej1017C06 .bevelopr>�n�a a �� Cora• � O � 2C59 p 7� / Mop f'drec4l 49-100)6 E o� ///l9 Hu/I 5fi A3c:l• O.OG8 acre of /80N/i/5 Nu/l5t•�af• ib I.TH Op yr �P --- 636003'53k-1 /17011 .6T/9 /,/, ,0,4e/V,, St. ems. '759 GO'Jru l- T SHOWl"& 0C*8 fiCA.6 G� (,� 0 TO 6 ,vd5Abr�T� TO 7 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 co. H-vy *--,I /O s N W wuc/ / V. ��i�� SII. Kgtherrnon� .CbnaId J.5r/zcr Jr. �r 13. zGe4-q . 0a -7 lit S G\ � w /Co Seder EaSernerlf- �asemer/f MC iia/ Corp. :, 601 Qr-ar7CfX0ay kPoaq 7'7✓1 #/7-/9(410 01 8, /a88,A� 959 `1 N �u N` /lv .00 Qp°o2 0 o� N ►& o° �I ro /&'Wafer `; Eas emery i - ,c7. ✓. ,C3a/ZeY✓� et TM 4-/7-/36/)47 {or 10 o. Q. 2a21, F� IooS � de+�ico tion � I _ S�rfN/ak.e�i/✓c>. S2/°5952�� 2/O.od� o.o i5.—oo o17 1Z 41.o PF,ALTii p�''ti rj Mark B. Beall No. 1613 o4 —/V 2/ 59 52 2/U4-107 M.E. O a,l'leqc/ o/ .Qra'nch +0/wat/ toad TM *- /7- /3Fip S o /3. 31-4-, Pq see, u l3R,4nlCAWAY R040 30 li'J� �fak £�� �lo5ts P/at /!v' Sp_ we r Ea 69?1-nom}; /o n-mpora rs/ Can 5'fruchot7 EaSemen-f /�' Wafer,�asernen-f and 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 • � �_ `� AEAN UDI _ �\ � . "�• O" 111 PUN 4Pr$ 95 >"op Osr �I � rPC. op �'? 9 4a��, ys• �awn.cl-� . a I .f \\� � (BO] b„ 1 �, OSS 40 •rte �tlrCsB+l� ' , . uv•••.� _ r^'' o WALTIIALI r:, b o• F� �� ell IbZ J �„y,. a .- �4� ,4 %j �'�•r; �"o �o'��� tl_ Y ,\ . a � $' �.�'Fi Ipw 3 I�J J. .� N ^�, � JtOp �� s 4l �00 r• k '�fMITT' {. 3 r I f rn m 8S r %y11' LM - .\` 1 • � i 'o` "wo DIS n� ,1�Ar LINE . j1491++Frel r+� ( L .�”"'"'"'� i�^n _'__� w`Gi I+r fr.•r tip. S J\ •�"'M NIDI' ,�4 V � ',` ` c A a. ® K o Q I� � 641', [E u Q H � .I + 1 w44` �\ 23 Lz61 °>, / je2Fj LnwEVIEW y ao__ 9 Z _ � 0 174 tT t � � 175 IZ6 POSED mmISE — • ,I tb, for , °Uhf • J "a'f FIRE & i N rte' i. RESPONSE t?s Ila EiTATfunl u n�oZ _• o •< `N 13 A � i ( i Fulli��Otr �?oUPuw y4 �) ' ri' 'A WO 1 a Fa 7 / ;jETTRICK p c ' AJE ,'1 � ` r .'r '� .}),l It "'• `' IRO'MI^ D lei• +/vEr � i '- V 4rf� oa - e '°o• . '^'> ,v9� I _CI i `A� 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 �► J 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 () 96 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 1 () r3 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 _07 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 LM F ADOPTIONOF THE PLAN.....................................................................................................................51 140 m 9 141 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. 3 1-44 M F 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 le! 14 3 M M 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, 5 1 4� M R] 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 .9 147 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. VA 148 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; J."4 9 M (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 M F9 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 10 i 5l. M IE 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 11 A M 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. 12 153 2.01 2.02 A 9 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. 13 154 M M 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. 14 1-55 M 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: 15 15 (; 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 16 15 M M 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 17 1 vs D F 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) 159 A 9 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, 19 I M 9 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. 20 1�1 IM ARTICLE IV FUNDING 9 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. 21 162 M 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. 22 Zf.i.j M M 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 23 IG4 A 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 24 165 A M 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; 25 166 LI 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 26 167 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. 27 168 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%). 29 70 M 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 30 171 M 9 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 31 17 2 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: 32 -173 M 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 33 174 M 9 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. 34 -175 A 9 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. 35 1.76 M M 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. 36 1177 R 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 37 1 78 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 38 79 M M 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 W iso M M 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 40 1 SIL M M 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 M 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 43 184 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 UZ FT .1 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. U) z D LL Q 0 H Z W U W NW ISL 4F V teary CD O V� M % H V� M ti �p T i .M.i .Mi � c a da w CL ti U) a w V U-0 v c O 3 t w IM N dl cc pq 0 d d w� o 4n z go �� in � 4 o' t- O C p ..r ., .r O c u v � d O.� h w U w Co a _ w � m d W w a h Z - leiw V >4d H N pp CIS go •+ h C O C) M �. d � pN�p R 00 c S 3 a .� cp R O 'Q d mo` 2 v az 4F V 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 YOUR CLASSIFIED INVOICE IS NOW DUE. IF NOT PAID WITHIN 14 DAYS AMOUNT DUE WILL BE $207.90 PHONE CLERK 748-1200 mk INDEXING TERMS NOT I C:EOF AD GIVEN BY CLASSIFICATION Board of SUP 001 CODE I SOLICITED BY OPERATOR b 2:3.1 3 START DATE STOP DATE SKIP SCHEDULE 01/10 �+ 01 / 17 /x+ x SMTWTFS PLEASE PAY PROMPTLY ^ ~ M 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 b :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 me this �- a' -8,- 1 �0 / r ✓J State of irginia Notary Public City of Richmond My Commission expires 03/31/97 Supervis r THIS IS NOT A BILL, PLEASE PAY FROM INVOICE. THANK YOU