HomeMy WebLinkAboutAgenda - City Council - 01/25/2011 -410
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AGENDA
SOUTH BURLINGTON CITY COUNCIL
City Hall Conference Room
575 Dorset Street
SOUTH BURLINGTON,VERMONT
Special Session 7:00 P.M. Tuesday, Jan. 25, 2011
1. Comments and Questions from the public (not related to the Agenda).
2. Receipt of draft form of MOU with the IAFF Local 3671, amending the Collective Bargaining
Agreement.
3. ***Consideration of approval of Annual Warning of March 1, 2011 Annual City Meeting.
• Budget
• Bonding for Upgrade and Expansion of the Airport Parkway Waste Water Treatment
Plant
• Special Assessment District for Butler Farms/Oak Creek
• Special Assessment District for Stonehedge
4. ***Resolution of intent to borrow 2.5 million for Airport Parkway Upgrade and Expansion.
5. ***Consider authorizing Scolaro, Shulman, Cohen, Fetter & Burstein to submit to the IRS the
re-statement of South Burlington's Retirement Income Plan(RIP) documents. (Deadline is
January 31, 2011), and execution documents as required.
6. Sign disbursement orders.
7. Consider entering executive session to discuss personnel, contract negotiations & legal
issues.
8. Adjourn
Respectfully Submitted:
Sanford I. Miller, City Manager
WARNING
CITY OF SOUTH BURLINGTON
ANNUAL CITY MEETING
MARCH 1, 2011
The legal voters of the City of South Burlington are hereby notified and warned to meet at
their respective polling places at the Chamberlin School on White Street,the Frederick H. Tuttle
Middle School on Dorset Street and the Orchard School on Baldwin Avenue on Tuesday,March 1,
2011,at 7 o'clock in the forenoon,at which time the polls will open until 7 o'clock in the
afternoon, at which time the polls will close,to vote by Australian Ballot on the following Articles:
ARTICLE I ELECTION OF OFFICERS
To elect all City Officers required by law.
ARTICLE H APPROVAL OF CITY BUDGET
Shall the City adopt the City Council's proposed budget for FY 2011-2012 totaling twenty-five
million,four hundred twelve thousand,eight hundred ninety-three dollars($25,412,893)of which it
is estimated ten million,five hundred one thousand,two hundred sixty-eight dollars($10,501,268)
dollars will be raised by local property taxes?
ARTICLE HI BONDING RESOLUTION FOR AIRPORT PARKWAY WASTE WATER
TREATMENT PLANT
Shall the bonds of the City of South Burlington in an amount not to exceed$2,500,000 be issued for
the purpose of completing the upgrade and expansion the Airport Parkway Waste Water Treatment
Plant and associated waste water facilities?
ARTICLE IV STONEHEDGE STORMWATER SPECIAL ASSESSMENT DISTRICT
Shall the voters,acting pursuant to 24 V.S.A. §3254,levy a special assessment in the amount of
$245,000 for the purpose of funding construction of stormwater improvements to benefit those
properties shown on plats entitled,(1)"Stonehedge Final Plot Plan Phase I",dated August 1978 and
recorded in volume 153-plans at page 3 of the City of South Burlington Land Records,(2)plat
entitled"Stonehedge Site Plan",dated December 1978 and recorded in volume 153-plans at page 28
of the City of South Burlington Land Records,(3)plat entitled"Phase II Stone Hedge Site Plan"
dated March 1979 and recorded in volume 153-plans at page 35 of the City of South Burlington
Land Records and(4)"Plat of Survey Cluster"C"Parcel",dated October 1980,and recorded in
volume 153-plans at page 104 of the City of South Burlington Land Records,such properties being
designated as the"Stonehedge Stormwater Special Assessment District",with said special
assessment being apportioned equally among the 201 dwelling units located within the special
assessment district and to be repaid over a period of ten(10)years in quarterly installments?
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The uniqueness of the earlier charter was designed to hold-down tax
increases. In any year, the operating tax rate could increase no more than an
equivalent increase in the Grand List value of the City. (Grand List is the
total value of all property subject to taxation in the city.) Thus, if the Grand
List increased 1%,the operating tax rate could only increase 1%. If there
was no Grand List growth,the tax rate could not increase; in no event could
the rate increase over 5% regardless of Grand List growth. The philosophy
was to tie the city tax rate to the city growth and permit the level of services
supported by the budget to grow in concurrence with South Burlington. The
annual city growth ranged between 0% and 4% between 1989 and 2008.
The charter achieved its goal of holding down tax rates for city services, but
severely restricted resources in times of inflation, growing public demands,
and rapid development.
The charter before 2008 also required that total budget spending not increase
more than 10% regardless of the source of revenue. These two requirements
presented several anomalies and challenges in budget preparation and led to
accounting system approaches to meet those challenges.
In 2008,voters amended the charter to bring it in line with the practices in
other Vermont communities where there were no budget limitations, but the
budget required voter, rather than city council, approval. This change has
been a benefit to city management as a comparison of the proposed 2012
budget under the previous charter and the new charter will show. With a
Grand List increase of only .5% in 2012, the old charter would permit only a
.5% increase in tax rate-- 7.2% is proposed. The total increase of 12+% in
spending is also higher than the 10% the old charter would have permitted.
Voters have the opportunity to approve this or reject it on Town Meeting
Day.
Non-charter accounts
The City Charter only regulated the operating tax rate—other funds, such as
debt service, water and sewer, and outside agencies were outside the charter
limitations. These items are referred to as "non-charter accounts." In order
to comply with the limitations of the Charter, a series of non-Charter
accounts was established to permit spending of non-property tax revenue
accounts which would not violate charter compliance but could still allow
the use of these funds. These have recently been referred to as "special
accounts."
3026601802 FREE PRESS 04 54 24 p m_ 01-25-2011 516
•
appropriateness of the use of these funds.
Section 13-1309 of the charter defines which items are included in the "net
cost of operations" and which are excluded. "Net cost of operations shall be
defined as the gross budget of the city or school district less the following
deductions....". Excluded are non-governmental revenues, bonded debt,
municipal utilities, special appropriations, federal and state grants and aid,
etc. The City Charter requires "an itemized statement of estimated revenues
from all sources". Over many years I interpreted this as sources of revenue
for the charter accounts only, ie. operating fund and tax rate. As stated
above, accounts such as grants and non-governmental revenues were
considered non-chartered accounts and were not included.
2. Expenditure Offsets
The manager's budget message also briefly discusses the prior use of
expenditure offsets which helped to understate the city expenditures. This
accounting was also done to help comply with the Charter limitations. To
illustrate this, say the City has to spend $20,000 in legal fees to enforce a
particular zoning violation. If the City wins the case and is awarded back
$20,000 in legal fees, this can be accounted for as a credit against the
original $20,000 cost. Under the old charter, with a $20,000 debit and a
$20,000 credit the account could net out to zero and thus did not count
against the charter limitations. With the new charter, the accounting can
show the $20,000 as both a separate expense and revenue, which will more
accurately represent the transaction.
3. Payments and Services to the School District
Over a decade ago, with the advent of Act 60, a city committee
recommended, and voters approved transferring several costs (identified in
the budget document correctly) from the school district to the City. This
was due to the "revenue sharing" aspects of Act 60--costs associated with
school spending that required a .20 additional levy for each tax dollar, city
expenditures did not. The transfer of these costs to the City, which was
approved by the State Department of Education, saved taxpayers significant
expenses. The costs did increase the City budget above the charter
limitations but voters approved a"special appropriation" to override the
charter.
2008 GOOD FAITH AMENDMENT
CITY OF SOUTH BURLINGTON RETIREMENT INCOME PLAN
This sets forth an Amendment to the Retirement Income Plan for the City of South
Burlington(the "Plan").
WHEREAS,the City of South Burlington(the "Employer") sponsors the Plan effective
December 1, 1972; and
WHEREAS, the Employer wishes to amend the Plan as allowed under Article X thereof
in order to comply with the 2007 Cum. List,Treasury Regulations issued under Code §415, and
certain provisions of the Pension Protection Act.
NOW, THEREFORE, the Plan is hereby amended effective January 1, 2008, unless
otherwise indicated herein, as follows:
1. Article VI shall be amended in its entirety to read as follows:
"ARTICLE VI
LIMITATION OF BENEFITS
6.1 Effective Date. The limitations of this Article shall apply in Limitation Years
beginning on or after July 1,2007, except as provided herein.
6.2 Maximum Permissible Benefit. Except as otherwise provided in this Article,the
Annual Benefit payable to or accrued by a Participant(whether or not vested) shall not, at any
time, exceed the Maximum Permissible Benefit as defined in Paragraph 7.6.
6.3 Aggregation of Defined Benefit Plans. For purposes of this Article, all defined
benefit plans (without regard to whether a plan has been terminated) ever maintained by the
Employer(or a predecessor employer)under which the Participant has accrued a benefit shall be
considered as a single defined benefit plan. Any defined benefit plan maintained by any
Affiliated Company shall be deemed to be maintained by the Employer.
6.4 Adjustments to Benefit Limitations.
(a) Benefits Payable in a Form Other Than Life Annuity. An Accrued
Benefit payable in any form other than a straight life annuity shall be adjusted to an actuarially
equivalent Annual Benefit prior to applying the limitations of Paragraph 7.2. For purposes of
this Article, the equivalent Annual Benefit shall be determined as follows:
(1) If the form of the Participant's benefit is not subject to Code
§417(e)(3) (such as a non-decreasing life annuity payable for a period of not less than the life of
the Participant(or, in the case of a Pre-Retirement Survivor Annuity, the life of the surviving
spouse) or an annuity that decreases during the life of the participant merely because of (A) the
(A) If the Plan does not have an immediately commencing
straight life annuity payable at both age 62 and the age of benefit commencement, the Defined
Benefit Dollar Limitation for the Participant's Annuity Starting Date is the Annual Benefit
commencing at the Participant's Annuity Starting Date that is the actuarial equivalent of the
Defined Benefit Dollar Limitation with actuarial equivalence computed using a 5%interest rate
assumption and the Applicable Mortality Table for the Annuity Starting Date.
(B) If the Plan has an immediately commencing straight life
annuity payable at both age 62 and the age of benefit commencement,the Defined Benefit Dollar
Limitation for the Participant's Annuity Starting Date is the lesser of(i)the amount determined
under subparagraph 7.4(b)(2)(A) above and(ii)the Defined Benefit Dollar Limitation multiplied
by the ratio of the annual amount of the immediately commencing straight life annuity under the
Plan at the Participant's Annuity Starting Date to the annual amount of the immediately
commencing straight life annuity under the Plan at age 62,both determined without applying the
limitations of this Article.
(3) For purposes of this subparagraph 7.4(b), any decrease in the
Defined Benefit Dollar Limitation shall not reflect a mortality decrement if benefits are not
forfeited upon the death of the Participant. If any benefits are forfeited upon death,the full
mortality decrement is taken into account.
(c) Retirement After Age 65. If the retirement benefit begins after the
Participant attains age 65, the Defined Benefit Dollar Limitation applicable to the Participant at
the later age shall be adjusted as follows:
(1) If the Participant's Annuity Starting Date occurs in a Limitation
Year beginning before July 1,2007, the Defined Benefit Dollar Limitation for the Participant's
Annuity Starting Date is the Annual Benefit commencing at the Participant's Annuity Starting
Date that is actuarially equivalent to the Defined Benefit Dollar Limitation computed using either
(A)the interest and mortality table(or other tabular factor) specified in Paragraph 2.3(b)or(B) a
5%interest rate assumption and the Applicable Mortality Table, whichever produces the smaller
annual amount. For these purposes,mortality between age 65 and the age at which benefits
commence shall be ignored.
(2) If the Participant's Annuity Starting Date occurs in a Limitation
Year beginning on or after July 1, 2007:
(A) If the Plan does not have an immediately commencing
straight life annuity payable at both age 65 and the age of benefit commencement, the Defined
Benefit Dollar Limitation at the Participant's Annuity Starting Date is the Annual Benefit
commencing at the Participant's Annuity Starting Date that is the actuarial equivalent of the
Defined Benefit Dollar Limitation,with actuarial equivalence computed using a 5%interest rate
assumption and the Applicable Mortality Table for that Annuity Starting Date.
(B) If the Plan has an immediately commencing straight life
annuity payable at both age 65 and the age of benefit commencement, the Defined Benefit Dollar
3
high 3 Years of Service is calculated by excluding all years for which the Participant performs no
services for and receives no compensation from the Employer(referred to as the break period),
and by treating the Year of Service immediately prior to and the Year of Service immediately
after the break period as if such Years of Service were consecutive.
(c) "Compensation" for purposes of the limitations contained in this Article
shall be remuneration received by the Employee for services rendered, measured in relation to the
Limitation Year,including all items listed in Treas. Reg. §1.415(c)-2(b)and excluding all items
listed in Treas. Reg. §1.415(c)-2(c). Except as provided below, Compensation for a Limitation
Year shall include amounts actually paid or made available during such Limitation Year prior to
the Employee's severance from employment, including amounts withheld from the Participant's
pay which are not includible in the Participant's gross income under Code §§125,132(f)(4),
402(g)(3)and 457.
(1) Compensation for a Limitation Year shall include amounts paid by
the later of(A)2Y2 months after an Employee's severance from employment with the Employer,
or(B)the end of the Limitation Year that includes the date of the Employee's severance from
employment with the Employer,if:
(A) the payment is regular compensation for services during the
Employee's regular working hours, or compensation for services outside the Employee's regular
working hours(such as overtime or shift differential), commissions,bonuses or other similar
payments, and the payments would have been paid to the Employee prior to a severance from
employment if the Employee had continued in employment with the Employer;
(B) the payment is for unused accrued bona fide sick, vacation
or other leave that the Employee would have been able to use if employment had continued; or
(C) the payment is received by the Employee pursuant to a non-
qualified unfunded deferred compensation plan,but only if the payment would have been paid to
the Employee at the same time if the Employee had continued in employment with the Employer
and only to the extent that the payment is includible in the Employee's gross income.
(2) Payments awarded by an administrative agency or court or
pursuant to a bona fide agreement by the Employer to compensate an Employee for lost wages
("back pay") shall be included Compensation for purposes of this Article for the Limitation Year
to which the back pay related,but only to the extent such payments represent amounts that would
otherwise be included in Compensation under this Paragraph.
(3) For purposes of this Article,the annual Compensation considered
for each Employee shall not exceed$200,000, as adjusted by the Commissioner for increases in
the cost of living in accordance with Code §401(a)(17)(B). The cost of living adjustment in
effect for a calendar year applies to any period not exceeding 12 months over which
compensation is determined("Determination Period")beginning in such calendar year. If a
Determination Period consists of fewer than 12 months, the compensation limit will be
5
participant or the participant's spouse, and that the amount distributed must be directly
transferred to an individual retirement account described in IRC §§408(a) or(b) ("IRA")
established in behalf of the non-spouse beneficiary that will be treated as an inherited IRA
pursuant to the provisions of IRC §402(c)(11)."
3. Each reference in the Plan to an election period of no less than 30 nor more
than 90 days shall be amended to refer to an election period of no less than
30 days and no more than 180 days.
As amended hereby, all of the terms and provisions of the Plan shall remain in full force
and effect.
IN WITNESS WHEREOF, this Amendment has been executed by one of the Employer's
duly authorized representatives, this day of
CITY OF SOUTH BURLINGTON
By:
7
south-
Sanford 1.Miller,City Manager
smille,@sbt rl.coin
CONFIDENTIAL MEMORANDUM
To: City Councilors
From: Sandy Miller SIM (signed electronically)
Re: City Manager Update for January 21,2011
Legend:
***Triple asterisk to indicate when an attachment is part of an item. No asterisks,no attachments.
MN Refers to something you've been given previously by me or received from another source.
Please Note: South Burlington Legislative Breakfast—Monday, January 24th at 7:30 here at City
Hall. Coffee,juice and light breakfast items.
Steering Committee,Tuesday,January 25th,6:00 p.m. at City Hall: Public Hearings on the budgets.
### Special City Council Meeting at 7:00 p.m. here at City Hall: Here are a couple of notes on the
meeting items(I'll do this through the update instead of using the Agenda Notes format.
- IAFF—City MOU: We are working on the document and are slated to meet Monday and, if needed,
Tuesday to resolve this. I'll sign on behalf of the City before the meeting and Casey Follensbee will
do so for the IAFF. Since the IAFF members have not voted on the MOU it would not be appropriate
for CC to do vote on this. Therefore,we are listing this item as a"Receipt of the MOU"which,I
hope, satisfies the request to have the MOU in hand for the meeting on the 25th.
- Warning for Pre-Town Meeting: Four items which are self-explanatory—Budget,Airport Parkway
additional borrowing and the two Special Assessment Districts for Stormwater. Please note we are
double checking wording and math on the warning and there could be a change. Please consider the
warning you are receiving in the packet a draft.
- Resolution of Intent to Borrow: For the additional$2.5 million for Airport Parkway.
- Pension Restatement: We have the signature documents for you and the attorney is still working on
the wording on the changes we are asking for(the minimum hours to coincide with VMERS,the
membership of the Pension Advisory Board and the definition of compensation for management and
non-represented employees so this is separate from the public safety and other groups and what
might/could happen to plan assets if employees switch from SBRIP to VMERS.
Request to Honor Returning Veterans: As a follow-up to Meaghan Emery's request Tuesday and at a
prior meeting I asked Tom Hubbard to look into it. Apparently,I had not failed to mention it when it
originally came up and Tom has been following through. Tom has connected the Veterans' Committee
with PACT and the idea they came up with is to have the pot luck dinner preceding the Pre-Town
Meeting in honor of the Vets. They are lining up a military guest speaker and a student speaker and,if
someone from the City is interested,we could also have one. The dinner and other ceremonies would be
from 5:00 p.m. to 6:30 p.m. with our Pre-Town Meeting slated to start at 7:00 p.m.
City Manager Update for January 21, 2011
program update (-17 homes currently stated to be acquired in 2011). A full summary report
of the meeting will be prepared by staff in the coming days.
• CCMPO update meeting. Staff from Planning & Zoning, Public Works, and the City
Manager, together with Councilor Dooley, met with CCMPO staff on Thursday to discuss the
status of various projects, including ensuring that the City Council is given a proper briefing
and opportunity to take a position on the issue of the potential "Intercept parking garage"
conceived for being located behind the Sheraton hotel. In addition, staff noted that the
Planning Commission would be provided input to the CCMPO regarding their FY '12 Unified
Planning Work Program at their next meeting.
• 1100 Dorset Street (Calkins /Wheeler property) Management Plan. The Natural
Resources Committee has continued to work on development of a Management Plan for
this property. For the past several weeks, they have been meeting weekly with the goal of
completion of the Plan by spring 2011.
• Land Development Regulations. The City Council held a public hearing and adopted 13 of
16 items. Staff has since prepared the revised document, effective Feb 8th, and will be
having the zoning map amended prior to that time. The remaining 3 items (2 to be
considered by the Council on Feb 22"d, and one returned to the Planning Commission) will
be brought before the Planning Commission on Jan 25th for their comments, per state
Statutes.
• Comprehensive Plan. The City Council set the date for two public hearings on the 2006
Plan re-adoption: February 22nd and March 7th.
• City Center Zoning Amendments grant. The City Council approved the city's acceptance
of a $15,000 grant from the Department of Housing and Community Affairs, with a $3,500
local match in addition.
• Preparation for 1/25 Planning Commission meeting. Staff prepared its semi-monthly
packet for the Planning Commission.
• Energy Committee. The energy committee held its regular meeting on January 20th. Issues
addressed included status of city grants for weatherization and public outreach, possibilities
for implementation of Solar Trackers at Dorset Park as approved by the Public Service
Board last summer, coordination with School efforts, and transportation (park & ride)
options.
• DRB meeting. The Development Review Board held its regular meeting on 1/18.
Questions/Comments? Contact me at: Home: 846-7439; Cell: 578-7746; Office: 846-4107; E-mail:
smiller@sburl.com
3
CITY OF SOUTH BURLINGTON_
Bonding Resolution for
Upgrade and Expansion of the
Airport Parkway Waste Water Treatment Plant
WHEREAS, the City of South Burlington operates a waste
water treatment plant commonly known as the Airport Parkway
Waste Water Treatment Plant ("Plant" ) ; and
WHEREAS, by resolution of this Council adopted on January
22, 2008 , this Council determined that the public safety and
necessity of the City required that the Plant be upgraded and
expanded to continue to provide waste water treatment and
disposal for the City; and
WHEREAS, the Council further determined that the estimated
cost of constructing the improvements necessary to accomplish
the upgrade and expansion was Twenty-Five Million Dollars
($25, 000, 000) ; and
WHEREAS, the Council further determined that after
allocating available funds of $3 , 200, 000, the remaining cost of
$21, 800, 000 would be too great to be paid out of the ordinary
annual income and revenue of the City of South Burlington; and
WHEREAS, based on the above-stated determinations the
Council submitted the proposition of incurring bonded debt in an
amount not to exceed $21, 800, 000 to the City voters at a special
City meeting on March 4 , 2008; and
WHEREAS, the voters approved incurring bonded debt in the
above-stated amount; and
WHEREAS, construction of the upgrade and expansion to the
Plant has commenced and is approaching completion; and
WHEREAS, the Council has determined that the full amount of
the above-mentioned "available funds" is not available to pay
for the upgrade and expansion; and
WHEREAS, the shortfall in "available funds" requires that
the City now obtain funding for $2, 500, 000, an amount too great
to be paid out of the ordinary annual income and revenue of the
City of South Burlington; and
1
January, 2011 .
Mark L. Boucher
Sandra Dooley
Meaghan Emery
James Knapp
Frank Murray
Received and Recorded this day of January, 2011 .
Donna Kinville, City Clerk
son1l-001.for
3
SCOLA.RO, SHULMAN, COHEN, FETTER & BURSTEIN, P.C.
ATTORNEYS AND COUNSELORS AT LAW
BARRYM.SHULMAN SYRACUSE •NEW YORK• ROCHESTER °RICHARD S.SCOLARO
SILPHEN H.COHEN° BOCA RATON.,FLORIDA• STUART,FLORIDA OF COUNSEL
ALAN S.BUR14W'
WII.LIAM B.MAGNARELLI CAROL A.CHRISTIANSEN
1>WART M.MCGOUGH' F2ANKLIN SQUARE TIMOTHY J.CAPPUCCILLI
JEFFREYM.Fk11.1 R°t 507 PLUM STREET,SUITE 300 SHANE M.MCCROHAN
ANTHONY J GRIZAN'I'I° SYRACUSE,NEW YORK 13204 ZACHARY R.BENJAMIN
RONALD A.MITCLEMAN TELEPHONE(315)471-8111 JENNIFER L.ALFIERI
JOHN S.KING'° FAX (315) 471-1355 •STEVEN A.WALKER
SUSAN FORTIN LESSER SARAH E.BREINER
RICHARD E.SCRIMALE WWW.SCOLARO.COM
MICHAEL J.COMPAGNI ALSO ADMITTED TO FL BAR
ALSO ADMITTED TO MA BAR
SHARI R.COHEN HA J. ALSO ADMITTED To MI BAR
•ALSO ADMITTED TO NJ BAR
MARC S.BECKMAN *ALSO ADMI I I ED TO PA BAR
JEFFREY B.SCHEER° tj.LSOADMITIED TO WA BAR
JOHN R.APPLER Email:smcgough@scolaro.com
AMY B.EGITTON BERNARD J.LAWLER
DOUGLAS J.MAHR Direct Fax:(315)425 3625 (1940-1998)
MICHAEL J.HRAB
ANDREW M.KNOLL,M.D. January 20,2011
VIA FED-EX
PERSONAL & CONFIDENTIAL
Kelly M. Murphy and Sanford Miller
City of South Burlington
575 Dorset Street
South Burlington,Vermont 05403
Re: City of South Burlington Retirement Income Plan
Dear Kelly and Sandy:
Upon review of the prior documents for the Plan,we determined that two of the required
good faith amendments were missing. In order to bring the Plan into compliance prior to filing
with the IRS,the amendments must be signed and submitted to the IRS under their VCP
program. Enclosed are the following:
1. 2002 EGTRRA amendment for good faith compliance with EGTRRA. An authorized
representative should sign on the last page.
2. 2008 Good Faith Amendment for compliance under Code Section 415 final regulations.
An authorized representative should sign on the last page.
3. Appendix F, Streamlined VCP Submission. An authorized representative should sign on
page 3 where indicated.
2002 EGTRRA AMENDMENT
CITY OF SOUTH BURLINGTON
RETIREMENT INCOME PLAN
This sets forth an Amendment to the Retirement Plan for the City of South Burlington
Retirement Income Plan. (the"Plan").
WHEREAS,the City of South Burlington(the"Employer") sponsors the Plan effective
December 1, 1972; and
WHEREAS,the Employer wishes to amend the Plan as allowed under Article X thereof
in order to reflect certain provisions of the Economic Growth and Tax Relief Reconciliation Act
of 2001 ("EGTRRA"); and
WHEREAS,this amendment is intended as good faith compliance with the requirements
of EGTRRA and guidance issued thereunder.
NOW,THEREFORE,the Plan is hereby amended effective the first day of the first Plan
Year beginning after December 31,2001,unless otherwise provided below; as follows:
1. Effective for Limitation Years ending after December 31, 2001,Article VI, section
6.2(a) shall be amended to read as follows:
"(a) Except as otherwise provided in this Article, a Participants annual
retirement benefit payable hereunder and expressed as a straight life annuity with
no ancillary benefits (hereinafter referred to in this Article as the "Annual
Benefit") shall not exceed$160,000 multiplied by the Cost of Living Factor, and
further multiplied by a fraction(not to exceed 1),the numerator of which is the
Participant's Years of Participation, and the denominator of which is 10."
2. Effective for Limitation Years ending after December 31,2001,Article VI, section
6.3(a) and 6.3(b) shall be amended to read as follows:
"(a) Retirement Prior to Age 62. If a Participant's retirement benefit
begins before the Participant attains age 62,the dollar limitation under Paragraph
8.1(a)(1) shall be reduced to the Actuarial Equivalent of such dollar limit
beginning at age 62,reduced for each month by which benefits commence before
the month the Participant attains age 62. The interest rate assumption used to
determine the Actuarial Equivalent shall be the greater of 5%or the Applicable
Interest Rate.
(b) Retirement After Age 65. If the retirement benefit begins on or
after the Participant 66'birthday,the dollar limitation under Paragraph 6.2(a)
2008 GOOD FAITH AMENDMENT
CENTRO NON-SALARIED EMPLOYEES RETIREMENT PLAN
This sets forth an Amendment to the Centro Non-Salaried Employees Retirement Plan
(the "Plan").
WHEREAS, CNY Centro,Inc. (the "Employer") sponsors the Plan, originally effective
November 1, 1976, as subsequently amended and restated effective April 1,2002; and
WHEREAS,the Employer wishes to amend the Plan as allowed under Article XV thereof
in order to comply with the 2007 Cum. List,Treasury Regulations issued under Code §415, and
certain provisions of the Pension Protection Act; and
NOW,THEREFORE,the Plan is hereby amended effective January 1, 2008,unless
otherwise indicated herein, as follows:
1. Article VI shall be amended in its entirety to read as follows:
"ARTICLE VI
LIMITATION OF BENEFITS
6.1 Effective Date. The limitations of this Article shall apply in Limitation Years
beginning on or after July 1, 2007, except as provided herein.
6.2 Maximum Permissible Benefit. Except as otherwise provided in this Article,the
Annual Benefit payable to or accrued by a Participant(whether or not vested) shall not,at any
time, exceed the Maximum Permissible Benefit as defined in Paragraph 7.6.
6.3 Aggregation of Defined Benefit Plans. For purposes of this Article, all defined
benefit plans (without regard to whether a plan has been terminated)ever maintained by the
Employer(or a predecessor employer)under which the Participant has accrued a benefit shall be
considered as a single defined benefit plan. Any defined benefit plan maintained by any
Affiliated Company shall be deemed to be maintained by the Employer.
6.4 Adjustments to Benefit Limitations.
(a) Benefits Payable in a Form Other Than Life Annuity. An Accrued
Benefit payable in any form other than a straight life annuity shall be adjusted to an actuarially
equivalent Annual Benefit prior to applying the limitations of Paragraph 7.2. For purposes of
this Article, the equivalent Annual Benefit shall be determined as follows:
(1) If the form of the Participant's benefit is not subject to Code
§417(e)(3) (such as a non-decreasing life annuity payable for a period of not less than the life of
the Participant(or,in the case of a Pre-Retirement Survivor Annuity,the life of the surviving
spouse)or an annuity that decreases during the life of the participant merely because of (A)the
(A) If the Plan does not have an immediately commencing
straight life annuity payable at both age 62 and the age of benefit commencement,the Defined
Benefit Dollar Limitation for the Participant's Annuity Starting Date is the Annual Benefit
commencing at the Participant's Annuity Starting Date that is the actuarial equivalent of the
Defined Benefit Dollar Limitation with actuarial equivalence computed using a 5%interest rate
assumption and the Applicable Mortality Table for the Annuity Starting Date.
(B) If the Plan has an immediately commencing straight life
annuity payable at both age 62 and the age of benefit commencement, the Defined Benefit Dollar
Limitation for the Participant's Annuity Starting Date is the lesser of(i)the amount determined
under subparagraph 7.4(b)(2)(A) above and(ii)the Defined Benefit Dollar Limitation multiplied
by the ratio of the annual amount of the immediately commencing straight life annuity under the
Plan at the Participant's Annuity Starting Date to the annual amount of the immediately
commencing straight life annuity under the Plan at age 62,both determined without applying the
limitations of this Article.
(3) For purposes of this subparagraph 7.4(b), any decrease in the
Defined Benefit Dollar Limitation shall not reflect a mortality decrement if benefits are not
forfeited upon the death of the Participant. If any benefits are forfeited upon death,the full
mortality decrement is taken into account.
(c) Retirement After Age 65. If the retirement benefit begins after the
Participant attains age 65,the Defined Benefit Dollar Limitation applicable to the Participant at
the later age shall be adjusted as follows:
(1) If the Participant's Annuity Starting Date occurs in a Limitation
Year beginning before July 1, 2007,the Defined Benefit Dollar Limitation for the Participant's
Annuity Starting Date is the Annual Benefit commencing at the Participant's Annuity Starting
Date that is actuarially equivalent to the Defined Benefit Dollar Limitation computed using either
(A)the interest and mortality table(or other tabular factor)specified in Paragraph 2.3(b) or(B)a
5%interest rate assumption and the Applicable Mortality Table,whichever produces the smaller
annual amount. For these purposes, mortality between age 65 and the age at which benefits
commence shall be ignored.
(2) If the Participant's Annuity Starting Date occurs in a Limitation
Year beginning on or after July 1,2007:
(A) If the Plan does not have an immediately commencing
straight life annuity payable at both age 65 and the age of benefit commencement,the Defined
Benefit Dollar Limitation at the Participant's Annuity Starting Date is the Annual Benefit
commencing at the Participant's Annuity Starting Date that is the actuarial equivalent of the
Defined Benefit Dollar Limitation,with actuarial equivalence computed using a 5%interest rate
assumption and the Applicable Mortality Table for that Annuity Starting Date.
(B) If the Plan has an immediately commencing straight life
annuity payable at both age 65 and the age of benefit commencement, the Defined Benefit Dollar
3
high 3 Years of Service is calculated by excluding all years for which the Participant performs no
services for and receives no compensation from the Employer(referred to as the break period),
and by treating the Year of Service immediately prior to and the Year of Service immediately
after the break period as if such Years of Service were consecutive.
(c) "Compensation" for purposes of the limitations contained in this Article
shall be remuneration received by the Employee for services rendered,measured in relation to the
Limitation Year, including all items listed in Treas. Reg. §1.415(c)-2(b) and excluding all items
listed in Treas.Reg. §1.415(c)-2(c). Except as provided below, Compensation for a Limitation
Year shall include amounts actually paid or made available during such Limitation Year prior to
the Employee's severance from employment,including amounts withheld from the Participant's
pay which are not includible in the Participant's gross income under Code §§125,132(f)(4),
402(g)(3) and 457.
(1) Compensation for a Limitation Year shall include amounts paid by
the later of(A)2'/2 months after an Employee's severance from employment with the Employer,
or(B)the end of the Limitation Year that includes the date of the Employee's severance from
employment with the Employer, if:
(A) the payment is regular compensation for services during the
Employee's regular working hours, or compensation for services outside the Employee's regular
working hours(such as overtime or shift differential), commissions, bonuses or other similar
payments, and the payments would have been paid to the Employee prior to a severance from
employment if the Employee had continued in employment with the Employer;
(B) the payment is for unused accrued bona fide sick,vacation
or other leave that the Employee would have been able to use if employment had continued; or
(C) the payment is received by the Employee pursuant to a non-
qualified unfunded deferred compensation plan,but only if the payment would have been paid to
the Employee at the same time if the Employee had continued in employment with the Employer
and only to the extent that the payment is includible in the Employee's gross income.
(2) Payments awarded by an administrative agency or court or
pursuant to a bona fide agreement by the Employer to compensate an Employee for lost wages
("back pay") shall be included Compensation for purposes of this Article for the Limitation Year
to which the back pay related,but only to the extent such payments represent amounts that would
otherwise be included in Compensation under this Paragraph.
(3) For purposes of this Article,the annual Compensation considered
for each Employee shall not exceed$200,000,as adjusted by the Commissioner for increases in
the cost of living in accordance with Code §401(a)(17)(B). The cost of living adjustment in
effect for a calendar year applies to any period not exceeding 12 months over which
compensation is determined("Determination Period")beginning in such calendar year. If a
Determination Period consists of fewer than 12 months,the compensation limit will be
5
participant or the participant's spouse, and that the amount distributed must be directly
transferred to an individual retirement account described in IRC §§408(a) or(b) ("IRA")
established in behalf of the non-spouse beneficiary that will be treated as an inherited IRA
pursuant to the provisions of IRC §402(c)(1 I)."
3. Each reference in the Plan to an election period of no less than 30 nor more
than 90 days shall be amended to refer to an election period of no less than
30 days and no more than 180 days.
As amended hereby,all of the terms and provisions of the Plan shall remain in full force
and effect.
IN WITNESS WHEREOF,this Amendment has been executed by one of the Employer's
duly authorized representatives,this day of
CITY OF SOUTH BURLINGTON
By:
7
CITY OF SOUTH BURLINGTON
Plan Name: RETIREMENT INCOME PLAN EIN:03-6002712 Plan#: 001
If the Applicant is being represented by someone in connection with this matter or wishes to authorize
someone to receive information from us in connection with this matter,submit a completed Form 2848 or
Form 8821 and complete items 13 through 18.
13.NAME OF APPLICANT'S REPRESENTATIVE CAROL A. CHRISTIANSEN, ESQ.
14.NAME OF REPRESENTATIVE'S FIRM NAME SCOLARO,SHULMAN, COHEN, FETTER, ET AL
15.REPRESENTATIVE'S ADDRESS; 507 PLUM ST., SUITE 300
16.REPRESENTATIVE'S PHONE NO. 315-471-8111 17.FAX NO. 315 425 3678
18.REPRESENTATIVE'S E-MAIL ADDRESS cchristiansen@scolaro.com
(optional)
PART II. APPLICANT'S ENCLOSURES
The Applicant encloses the following documents with this submission:
✓❑ VCP fee of$375.00 made payable to the U.S.Treasury(required). (If the fee is determined on the
basis of treating Transferred Assets as a separate plan,pursuant to section 12.07 of Rev.Proc.2008-50,
please enclose a description of the related employer transaction,including the date of the employer
transaction and the date the assets were transferred to the plan.)
❑ A written request if the application is made for a terminating Orphan Plan and the Applicant is applying for
a waiver of the VCP fee.
®✓ Power of Attorney(Form 2848)or Tax Information Authorization(Form 8821),if applicable.
✓❑ If the plan is being considered for an unrelated determination letter application,a statement to that effect.
❑✓ Appendix E(optional)
❑✓ Completed Appendix F schedule(s).(Check the schedules that apply)
✓❑ Schedule 1-Interim and Certain Discretionary Nonamender Failures
❑ Schedule 2-Nonamender Failures(other than those to which Schedule 1 applies)
❑ Schedule 3-SEPs and SARSEPs
Schedule 4-SIMPLE IRAs
LISchedule 5-Plan Loan Failures
❑ Schedule 6-Employer Eligibility Failure
❑ Schedule 7-Failure to Distribute Elective Deferrals in Excess of the§402(g)Limit
❑ Schedule 8-Failure to Pay Required Minimum Distributions Timely under§401(a)(9)
❑ Schedule 9-Correction by Plan Amendment(in accordance with Appendix B)
Q Information required by each schedule,as set forth in each applicable Part entitled"Enclosures.".
2
CITY OF SOUTH BURLINGTON
Plan Name: RETIREMENT INCOME PLAN
EIN: 03-6002712 Plan#: 001
an abusive tax avoidance transaction. The compliance statement should not be construed as affecting the rights of
any party under any other law,including Title I of the Employee Retirement Income Security Act of 1974.
This compliance statement is conditioned on(1)there being no misstatement or omission of material facts in
connection with the submission and(2)the completion of all corrections described in the applicable schedule(s)to
this Appendix F submission within one hundred fifty(150)days of the date of the compliance statement.
In addition:(paragraph applies only if checked by the Service)
❑ For failure(s)described in Schedule 1 of Appendix F,the Service will treat the amendments as if they had
been adopted timely for the purpose of making available the extended remedial amendment period set forth
in Revenue Procedure 2007-44,2007-28 I.R.B.54,or its successors.However,this compliance statement
does not constitute a determination as to whether any such plan amendment,as drafted,complies with the
applicable change in qualification requirements.
❑ For failure(s)described in Schedule 3 of Appendix F,the Service will not pursue the following:
Excise tax under§4972.
® Excise tax under§4979.
❑ For failure(s)described in Schedule 4 of Appendix F,the Service will not pursue excise tax under§4972.
❑ For loan failure(s)described in section of Schedule 5 of Appendix F,the Service will not
require the deemed distributions to be reported on Form 1099-R with respect to the participant(s)affected
by the failure(s). The repayments made pursuant to the correction of such loan(s)will not result in an
affected participant having additional basis in the plan for the purpose of determining the tax treatment of
subsequent distributions from the plan to such participant(s).
❑ For loan failure(s)described in section of Schedule 5 of Appendix F,the Service will require
the deemed distributions to be reported on Form 1099-R with respect to the participant(s)affected by the
failure(s). However,the plan will be permitted to report deemed distributions on Form 1099-R in the year
of correction instead of the year of the failure.
❑ For minimum distribution failure(s)described in Schedule 8 of Appendix F,the Service will waive the
excise tax under§4974.
Approved:
Joyce Kahn,Manager
Employee Plans Voluntary Compliance
Tax Exempt and Government Entities Division
Date:
4
Form 5300(Rev.9-2001) Page 2
5 Indicate type of plan by entering the number from the list below.
4 1—profit-sharing and/or 401(k) 4—defined benefit but not cash balance 7—non-leveraged ESOP
2—money purchase 5—cash balance 8—stock bonus
3—target benefit 6—leveraged ESOP 9—safe harbor 401(k)
Yes No
6a Is the employer a member of an affiliated service group? X
b Is the employer a member of a controlled group of corporations or a group of trades or businesses under common .-... _ ...... .
control? X
If a and/or b above is "Yes," complete required statement (see instructions).
7a Is this a governmental plan? X
If"Yes," is the plan a,state level plan'? X
b Is this a nonelecting church plan'? X
c Is this a collectively bargained plan? (SeeRegulations section 1.410(b)-9.) X
d •Is this a section 412(i)plan? X
e Is this a multiple-employer plan? Enter number of participating employers ► X
f Is this a multiemployer plan as described in section 414(f)? X
8a Do you maintain any other qualified plan(s)under section 401(a)? X
If'Yes," attach required statement (see instructions).
If "No," skip to line 8d.
b Do you maintain another plan of the same type (i.e., both this plan and the other plan are defined contribution --
plans or both are defined benefit plans)that covers non-key employees who are also covered under this plan? X
If yes, when the plan is top-heavy, do the non-key employees covered under both plans receive the required
top-heavy minimum contribution or benefit under:
(1) This plan?
(2) The other plan'?
c If this is a defined contribution plan, do you maintain a defined benefit plan (or if this is a defined benefit plan
do you maintain a defined contribution plan) that covers non-key employees who are also covered under this
plan'? X
If yes,when the plan is top-heavy, do non-key employees covered under both plans receive:
(1) the top-heavy minimum benefit under the defined benefit plan?
(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?
(4) benefits under both plans that, using a comparability analysis, are at least equal to the minimum benefit?
(See instructions.)
d Does the plan prevent the possibility that the section 415 limitations will be exceeded for any employee who is
(or was)a participant in this plan and any other plan of the employer? X
General Eligibility Requirements(Complete all lines.)
9a Check all that apply:
(1) ® All employees
(2) ❑ Hourly rate employees
(3) ❑ Salaried employees
(4) ❑ Other (Specify)
b Minimum years of service required to participate 3 6 MONTHS If no minimum, check ► ❑
c Minimum age required to participate (Specify) If no minimum, check ► IX
Vesting(Check one box to indicate the regular(non-top heavy)vesting provisions of the plan.)
10a ❑ 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
e ❑ 2 to 6 year graded vesting
f ® 3 to 7 year graded vesting
g ❑ Other
Form 5300 (Rev.9-2001)
Form 5300(Rev.9-2001)
Page 4
Optional determination request regarding the ratio percentage test.A determination regarding the average benefit test may
be requested by attaching Schedule Q(Form 5300).
13 Is this a request for a determination regarding the ratio percentage test of Regs.section 1.410(b)-2(b)(2)or a request Yes No
for a determination regarding one of the special requirements of Regs. section 1.410(b)-2(b)(5),(6),or(7)? X
If"Yes,"complete only lines 13a through 13n for a ratio percentage test determination, or complete only •
line 13o for a determination regarding one of the special requirements.
If"No,"skip to line 14.
a Is this plan disaggregated into two or more separate plans that are not 401(k),401(m),or profit sharing plans?
If"Yes, "see the instructions and attach separate schedules for each disaggregated portion
b Does the employer receive services from any leased employees as defined in section 414(n)?
c Coverage date (MMDDYYYY).See instructions for inserting date
d Total number of employees (include self-employed individuals)(employer-wide)
e Statutory and regulatory exclusions under this plan (do not count an employee more than once):
(1)Number of employees excluded because of minimum age or years of service required
(2)Number of employees excluded because of inclusion in a collective bargaining unit
(3)Number of employees excluded because they terminated employment with less than 501 hours
of service and were not employed on last day of plan year
(4)Number of employees excluded because employed by other qualified separate lines of business
(QSLOBs)
(5)Number of employees excluded because they were nonresident aliens with no earned income
from sources within the United States
f Total statutory and regulatory exclusions (add lines 13e(1)through 13e(5))
g Nonexcludable employees(subtract line 13f from line 13d)
h Number of nonexcludable employees on line 13g who are highly compensated employees (HCEs)
i Number of nonexcludable HCEs on line 13h benefiting under the plan
j Number of nonexcludable employees who are nonhighly compensated employees(NHCEs) (subtract
line 13h from line 13g)
k Number of nonexcludable NHCEs on line 13j benefiting under the plan
I Ratio percentage (See instructions.)
m Enter the ratio percentage for the following, if applicable:
(1)Section 401(k)part of the plan
(2)Section 401(m)part of the plan
Yes No
n Are the results on line 131 or 13m based on the aggregated coverage of more than one plan?
If"Yes," attach a statement showing the names, plan numbers, EINs, and benefit/allocation formulas of the other plans.
All aggregated plans should be filed concurrently.
o If the plan satisfied coverage using one of the special requirements of Regulations section 1.410(b)-2(b)(5),(6), or (7),enter
the letter from the list below that identifies the special requirement:
A-1.410(b)-2(b)(5)—No NHCEs employed
B-1.410(b)-2(b)(6)—No HCEs benefit
C-1.410(b)-2(b)(7)—Collectively bargained only
Optional determination request regarding the nondiscrimination design-based safe harbors of section 401(a)(4).
Section 401(k)and/or section 401(m)plans that do not contain a provision for discretionary contributions
should not complete this line.
Yes No
14 Is this a request for a determination regarding a design-based safe harbor under section 401(a)(4)? X
If"Yes," complete the following:
Design-based nondiscrimination safe harbors:
a Does the plan provide for disparity in contributions or benefits that is intended to meet the permitted disparity
requirements of section 401(I)?
If"Yes," answer line 14b. Otherwise, skip to line 14c.
b Do the provisions of the plan ensure that the overall permitted disparity limits will not be exceeded?
c Enter the letter ('A —"G")from the list below that identifies the safe harbor intended to be satisfied
A-1.401(a)(4)-2(b)(2)defined contribution(DC) plan with uniform allocation formula
B-1.401(a)(4)-3(b)(3)unit credit defined benefit(DB)plan E-1.401(a)(4)-3(b)(5)insurance account
C-1.401(a)(4)-3(b)(4)(i)(C)(1)unit credit DB fractional rule plan F-1.401(a)(4)-8(b)(3)target benefit plan
D-1.401(a)(4)-3(b)(4)(i)(C)(2)flat benefit DB plan G-1.401(a)(4)-8(c)(3)(iii)(b)cash balance plan
d List the plan section(s)that satisfy the safe harbor(including, if applicable, the permitted disparity requirements)
here:
Form 5300 (Rev,9-2001)
Form 2848 Power of Attorney OMB No.1545-0150
(Rev.June 2008) and Declaration of Representative For IRS Use Only
Department of the Treasury ► Type orprint. separateReceived by:
Internal Revenue Service YP ► See the instructions. Name
Part I Power of Attorney Telephone
Caution:Form 2848 will not be honored for any purpose other than representation before the IRS. Function
1 Taxpayer information.Taxpayer(s)must sign and date this form on page 2, line 9. Date / /
Taxpayer name(s)and address Social security number(s) Employer identification
CITY OF SOUTH BURLINGTON number
575 DORSET STREET
03-6002712
Daytime telephone number Plan number(if applicable)
SOUTH BURLINGTON, VT 05403 802-846-4106 001
hereby appoint(s)the following representative(s)as attomey(s)-in-fact:
2 Representative(s) must sign and date this form on page 2,Part II.
Name and address cAF No. 3 2 0 6-2 417 7 R
CAROL A. CHRISTIANSEN, ESQ. Telephone No. 315-471-8111
SCOLARO LAW FIRM 507 PLUM ST. STE 300 Fax No. 315-425-3678
SYRACUSE, NY 13204 Check if new:Address ❑ Telephone No.❑ Fax No. ❑
Name and address CAF No. 1200-03811R
STEWART M. MCGOUGH, ESQ. Telephone No. 315-471-8111
SCOLARO LAW FIRM 507 PLUM ST. STE 300 Fax No, 315-425-3625
SYRACUSE, NY 13204 Check if new:Address ❑ Telephone No.❑ Fax No. ❑
Name and address CAF No.
Telephone No.
Fax No.
Check if new:Address ❑ Telephone No.❑ Fax No. ❑
to represent the taxpayer(s)before the Internal Revenue Service for the following tax matters:
3 Tax matters
Type of Tax(Income, Employment, Excise, etc.) Tax Form Number Year(s)or Period(s)
or Civil Penalty(see the instructions for line 3) (1040, 941,720, etc.) (see the instructions for line 3)
2010 THRU PRESENT
QUALIFICATION OF DB PLAN 5300
AND VCP SUBMISSION APPENDIX F
4 Specific use not recorded on Centralized Authorization File(CAF).If the power of attorney Is for a specific use not recorded on CAF,
check this box.See the instructions for Line 4.Specific Uses Not Recorded on CAP ► ❑
5 Acts authorized.The representatives are authorized to receive and inspect confidential tax information and to perform any and all acts that
I(we)can perform with respect to the tax matters described on line 3,for example,the authority to sign any agreements,consents,or other
documents.The authority does not include the power to receive refund checks(see line 6 below),the power to substitute another representative
or add additional representatives,the power to sign certain returns,or the power to execute a request for disclosure of tax returns or return
information to a third party.See the line 5 instructions for more information.
Exceptions.An unenrolled return preparer cannot sign any document for a taxpayer and may only represent taxpayers in limited situations.
See Unenrolled Return Preparer on page 1 of the instructions.An enrolled actuary may only represent taxpayers to the extent provided in
section 10.3(d)of Treasury Department Circular No.230(Circular 230).An enrolled retirement plan administrator may only represent taxpayers
to the extent provided in section 10.3(e) of Circular 230.See the line 5 instructions for restrictions on tax matters partners. In most cases,
the student practitioner's(levels k and I)authority is limited(for example,they may only practice under the supervision of another practitioner)
List any specific additions or deletions to the acts otherwise authorized in this power of attorney:
6 Receipt of refund checks.If you want to authorize a representative named on line 2 to receive,BUT NOT TO ENDORSE OR CASH,refund
checks, initial here and list the name of that representative below.
Name of representative to receive refund check(s) ►
For Privacy Act and Paperwork Reduction Act Notice,see page 4 of the instructions. Form 2848 (Rev.6-2008)
ISA
STF DQXW1001.1
•
r
Form 8717 User Fee for Employee Plan Determination, For OMB No.1545-1772
(Rev.May2009) Opinion, and Advisory Letter Request IRS
Use Department of the Treasury Only Amount paid
Internal Revenue Service ► Attach to determination letter application.
1 Name of plan sponsor(employer if single-employer plan)
CITY OF SOUTH BURLINGTON
_~ , s i �y3? gat c 2 Sponsor's employer identification number 3 Plan number
15- r ,� .•- °. �.� -r ... �. i'.f t 4 r °1 " » 0 3—6 0 0 2 712
001
4 Plan name
CITY OF SOUTH BURLINGTON RETIREMENT INCOME PLAN
Caution. If you qualify for the exemption from user fees for small business employers, complete only the certification below (see
the instructions on page 2 for details). For all other applications, leave the certification blank and check the appropriate box in
column A or B of line 5.
Certification
I certify that the application for a determination letter on the qualified status of the plan listed above meets the conditions for
exemption from user fees described in section 620 of the Economic Growth and Tax Relief Reconciliation Act of 2001.
Sign Here I. Date I.
Type or print name and title ►
Fee Schedule
Form Submitted A B
with Demo 5 no Demo 5 and
and/or Demo 6: no Demo 6
5a Form 5300: ❑ $ 1,800 ® $ 1,000
b Form 5307: ❑ $ 1,000 ❑ $ 300
c Form 5310: ❑ $ 1,800 ❑ $ 1,000
e Multiple employer plans (Form 5300):
(1) 2 to 10 Forms 5300 submitted ❑ (1) $ 2,300 ❑ (1) $ 1,500
(2) 11 to 99 Forms 5300 submitted ❑ (2) $ 2,300 ❑ (2) $ 1,500
(3) 100 to 499 Forms 5300 submitted ❑ (3) $ 15,000 ❑ (3) $ 10,000
(4) Over 499 Forms 5300 submitted ❑ (4) $ 15,000 ❑ (4) $ 10,000
= f Multiple employer plans (Form 5310):
(15
-F2 (1) 2 to 10 employers maintaining the plan ❑ (1) $ 2,300 ❑ (1) $ 1,500
o (2) 11 to 99 employers maintaining the plan ❑ (2) $ 2,300 ❑ (2) $ 1,500
c (3) 100 to 499 employers maintaining the plan ❑ (3) $ 15,000 ❑ (3) $ 10,000
o (4) Over 499 employers maintaining the plan ❑ (4) $ 15,000 ❑ (4) $ 10,000
g Volume submitter:
(1) Specimen plan ❑ (1) $ 9,000
(2) Lead specimen plan (see Rev. Proc. 2005-16) ❑ (2) $ 9,000
O (3) Specimen plan identical to lead specimen plan (see Rev. Proc. 2005-16) ❑ (3) $ 200
h Master& Prototype (M&P):
(1) Mass Submitter- per basic plan document with one adoption agreement ❑ (1) $ 9,000
(2) Mass Submitter- per each additional adoption agreement ❑ (2) $ 650
(3) Sponsor's identical adoption of M&P Mass Submitter basic plan document-per adoption agreement ❑ (3) $ 200
(4) Sponsor's minor modification of M&P Mass Submitter basic plan document-per adoption agreement ❑ (4) $ 650
(5) Nonmass submission by M&P sponsor-per adoption agreement ❑ (5) $ 9,000
(6) Advisory letter for additional optional provisions- per Mass Submitter basic plan document ❑ (6) $ 650
(7) Addition of new adoption agreement for approved plan -per Mass Submitter adoption agreement ❑ (7) $ 650
(8) Assumption of sponsorship of an approved M&P plan ❑ (8) $ 200
(9) Mass Submitter/sponsor- per trust document in excess of 10 ❑ (9) $ 650
I Group trust ❑ $ 750
ISA Form 8717 (Rev.5-2009)
1
You may, instead, individually or jointly with other interested parties,request in writing
the Depatluient 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 made
jointly, submit your comments on these matters directly with the Key District Director.
COMMENT PROCEDURE THROUGH DEPARTMENT OF LABOR
11. Requests for the Department of Labor to submit comment must:
(a) Be in writing.
(b) Be signed by you(employee) or your authorized representative.
(c) Be addressed to:
Department of Labor
200 Constitution Avenue,N.W.
Washington, D.C. 20210
(d) Contain the same information as in item 12 below.
COMMENT PROCEDURE TO INTERNAL REVENUE SERVICE
12. Comments sent DIRECTLY to the District Director must:
(a) Be in writing.
(b) Be signed by you (employee) or your authorized representative.
(c) Be addressed to the District Director at the address shown in item 7.
(d) Contain the following:
(1) Your name and those of other employees jointly sending the comment.
(2) Name and taxpayer identification number of the applicant(item 4 and 5
above).
(3) Name of the plan and the plan identification number(item 2 and 3 above).
-2-
4
Sanford E.Miller,City Manager
smiller@sburl.cam
AGENDA
SOUTH BURLINGTON STEERING COMMITTEE MEETING
CITY HALL
(large conference room)
575 Dorset Street
South Burlington,VT
Tuesday,January 25, 2011
6:00 P.M.
I. Approval of November 29,2010 Steering Committee meeting minutes.
II. Review Agenda.
III. Public Hearing: Proposed FY2012 Municipal Budget.
IV. Public Hearing: Proposed FY2012 School District Budget.
V. Other items.
VI. Adjourn.
Any person requiring special accommodations to attend this meeting should contact
the City Manager's Office, 846-4107 at least 72 hours in advance of the meeting.
575 Darset Street South Burlington,VT 05403 ;el 802 B46 4107 fax 802.846.4101 s n.:ler` sburl.corn ai;vvw sburl.corn