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1988/06/13APPROVED June 13, 1988 The meeting was called to order at 7:02 ~m. Present were Mayor Robert J. Peters, Deputy Mayor Karen ~i~/ade, Deputy Mayor Jim D'Errico, Dr. John P. McIntosh, Gary Clinton, Hank Gatta, Betty Mildrum, James Tiezzi. Approval of Minutes Deputy Mayor Mc~aae requested that the spelling of the c~m~k%ny handling the Household Hazardous Waste Collection be corrected to Clean Harbors. Was spelled in minutes as Clean Harbor. Mayor Peters moved to approved the minutes as corrected, seconded by that had been received by the Town. Bids had been received from three sources: Button-Mildrum Agency, CiImma, and The Hartford. The Executive Board discussed the bids and said that tb~y would take up the approval in Executive Session. Mayor Peters thanked Mr. Gotta and Mr.r'cl~nton for reviewing the bads with the Executive Board. Joint Meeting: Executive Board and Fire Personnel Th~ following met with the Executive Board to discuss repairs needed on several fire trucks: Ron Lindgren, Jim S~ns, Ida Ragazzi, Vincent Imwand~, Paul Messina, Mark Lewand~, Bob Brown, and Rod Lenfest. Jim Simons, Chief M~chanic, Municipal Garage, expressed a general concern with having one of our trucks leave Berlin to be repaired by a cc~pany in Camm_~la that has been having financial difficulties. He also said his feeling was that repairs should be looked at in a long term approach, in terms of how long will the piece of equilmmmt be zn use, and when will replacement be needed. Mr. Simons also felt that the Town should look for a local reputable cc~pany to do repairs. Ron Lindgren reported that several trucks had been repaired in the past year and a half, with scram work belng do~e by our garage and the rest by outside concerns. The Snorkel truck ~s in pretty good shape . and will be recertified. The ladder truck, upon znspection, was found to have problems. He said that this is the truck that Mr. Simons was referring to, and the problem w~th repairs is that while a c~pany in Vermont can do the work, the vendor who built the truck, the ccmpany in Canada, will not sell parts to outside concerns. The figure quoted by the Canadian company was $32,000 Canadian dollars,S26-28,000 American, to repair the flys c~ the ladder. ~nis amount does not include any other necessary repairs to the truck. There is no g~antee on the figure which could run as high as $40,000. Mr. Lindren said that because this cc~pany has gone ~n and out of Chapter 11 so many times in the past year he is c~ncerned that if the truck is brought there and they close Berlin will never get the truck hack. He said the Fire Board does not knc~ where to go frc~ here. He said he h~ped that ~ oontacts could be made at the Fire Show that they w~uld be attending the next day in New York. Jim Simons sb~wed the Board a roller on which the ladder rests, which is the cause of the problems with the ladder. The bad rollers caused dents in the base rails of th~ second fly section of the 1.~_~er, which is the first moveable part of the la__ad___~-r. The rollers were replaced in 1985 and this roller syst~ in nc~ obsolete. The roller system would be replaced and tb~ la_~_~er w~uld ride on Teflon slides. Mr. Simons said that two c~,~nies have said they could w~rk on the truck, Middleboro Fire Apparatus and Bell Detroit of Bocky Hill who said they will fix the base rails but cannot replace the rollers. There are other problems but the garage can handle these. Jim McNair asked if it was unfa{r to ask ~f evexything is fixed on the truck what would the life expectancy be. Jim Simons said that it was because there is no guarantee as to what the underwriter inspectors will find. Mayor Peters sa~d that he felt they should wait until they see vendors at the New York show before making any decisions. He asked Vinny I~ what the F~ns~ngton Fire Department b~ planned for the Snorkel truck. He said that it was due for refurbishing in 1991. Mark Iswandowski said that his feeling was that as the Town was growing there was a need for both pieoes of equipment. Prentice Place and buildings such as th~s pose this need. Mayor Peters sa~d that he hoped they could make sc~e contacts wh~le in New York and asked them to keep the Executive Board advised on t~ matter. Executive Session Mayor Peters moved to enter Executive Session at 8:15 f~, seconded by Karen F~u~de, passed unanimously. Gary Clinton and the following members of the F~mnce Board were asked to stay: Ida Ragazzi, James Tiezz~, Dr. John P. M~Intosh, and B0dney Lenfest. Ray Ruta joined the meeting at 9:00 ~. Mayor Peters moved to exit Executive Session at 9:17 ~m, seconded by Karen M~)_,_~_, passed unanimously. Mayor Peters moved to conf~rm the following act~s taken in Execut/ve Session, seconded by Karen Mo~;_ad~_, passed unanimously: Mayor Peters moved to award Workman's Ccmp coverage to Orion in the amount of $247,792, seconded by Karen McO_~ade, passed unanimously. Mayor Peters moved to award Property coverage to The Hartford in the amount of $68,502, seconded by Jim ~_Nair, passed unanimously. Karen McO_,_a~e moved to award General Liability coverage to The Hartford in the amount of $173,200, seconded by Mayor Peters, passed unanimous ly. Karen McQuade moved to award Automobile coverage to The Hartford in the amount of $130,573, seconded by Jim McNair, passed unanimously. Mayor Peters moved to award %~ubrella Iaability coverage (20 nztllicn) in the amount of $168,985 seconded by Karen McQ3_a_~e, passed unanimously, to the following c~panies: Pr~7-The Hartford; Second-F~rst State; Third & Fourth-I~xzngton; and fifth-Agricultural. Mayor Peters asked that Public officials Liability be ~__mbled to allow CAvy Clinton to look into increasing the amount frc~ $1,000,000 up to $5,000,000 in $1,000,000 increments. Mayor Peters moved to award Pollc~ Professional Liabllzty coverage to National Casualty in the amount of $23,779, seconded by Karen ~-, passed unaniaously. Mayor Peters moved to award the Board of Education Liability coverage to National Union in the amount of $8,273, seconded by Karen McQuade, mss, Karen Mc~,aae moved to award the Fire Department E & 0 coverage to Western World in the an~unt of $3,203, seconded by Jim P~NaLr. The vote was two in ~avor with Mayor Peters abstaining for the reason that although he realizes the need for the coverage he cannot in good consci~ vote in favor of the ccm~any involved. Jim McNair moved to award the Ambulance Malpractice coverage to the following c~panies, secanded by Karen McQuade: Western World in the amount of $3,025 and Mt. Vernon in the ammant of $2,328. The vote was two in favor with Mayor Peters abstaining for the same reason as he did in the previous paragraph. Personnel Matters: Mayor Peters moved to hire Elizabeth Shanley as a civilian D~spatcher in the Police Department, seconded by Jim McNair, passed unanimously. Mayor Peters moved to ese_~blish a new examination process for Civiliaq Dispatchers in the Police Department, seconded by Karen McQuade, passed unan/axxmly. The new process shall consist of the app£1cation, an oral ~nterview, psychological exam, abbreviated physical exam and a background check. Mayor Peters moved to approve a Resolution allowing Town employees to participate in a Deferred Ccmpensa~on program through I.C.M.A., seconded by Jim McNair, passed unanimously. A copy of the resolution is attached to the minutes. The Mayor asked 1~ an inexpensive insurance plan can be purchased to protect participating individuals from loss if the Town sbx~/ld enter into financLal difficulties. He asked Corporation Counsel Sullivan to check with other oumunitles in the State to see if they have looked into this type o~ protection. Corporation counsel Items discussed with Corporation Counsel Sullivan: Sale of wine coolers at Beehive Field: Atty. Sullivan in regard to the sale of wine coolers at P~h~ve Field · n New Britain during the Red Sox baseball games: Initially New Britain came to our Zorung Board of Appeals to apply for a permit to sell beer, for which tb~y have to reapply each year. This year they began to sell wine coolers without applying for a permit rewo~ to include that item. Mayor Peters told Atty. Sullivan to tell their Corporation Counsel that they have. to apply to our Z.B.A. to reword the application to read "beer and/or wine coolers". Atty. Sullivan said that the State statute had been amended to read beer aoX/or wine coolers so New Britain probably was of the opinion that they d~d not have to go through the process of reapplying. The Mayor said that his feeling was that it was a cc~mon courtesy that New Britain should show to Berlin. Jim McNa~r asked what would happen if the Z.B.A. said no to the application. Mayor Peters said that he could D~Dt foresee this happening but he saw no reason why the Executive Board oould not request the Z.B.A. to give favorable consideration to the request, waive the application fee, and handle the request expeditiously. Mayor Peters told Atty. Sullivan to inform New Britain to hold off on selling wine coolers until the Z.B.A. has considered the application request to avoid problems with that Board. Zonang~ssion-Z.B.A. Law Suit: Atty. Sullivan and the Executive Board discussed the financial aspects of Attorney Matulis' fees which have surpassed the amount allowed. Atty. Sullivan said that realzstically the Z.B.A. has to defend itself and cannot pull out now. Mayor Peters said that there is a D~ed to get up to date costs for Atty. Matulis and that Helen DeLore. nze has to appear before the Finance Board. Appointments to Boards and Mayor Peters moved to appoint Donald Guite to serve as an alternate on the Water Control Commission, seconded by Karen McQuade, passed unanimously. His term is in effect fr~ 6-1-88 to 2-1-93. P~ca~tulation of Minutes Mayor Peters said that he met with Oscar Deltrlch, (~a{~man of the Webster Park Study Cc~it~, and that they are tending tc~ards retaining the park as an adult type park. Mayor Peters sa~d that the State should be contacting Berlin around July 1 to see if ~ want a check for $150,000 for the land they took frcm Berlin in the builS{ng of tb~ Rt. 9 Connector. The Mayor said that his feeling is that ~ should accept the check and earmark it for renovations of Webster Park. Kensington Volunteer Fire Depa~-U~'ent Rsquest Jim McNair moved to approve a request of the Ka'~n Fire Department to sell soft dr~nks and food at Percival Field after the parade in honor of their 50th Anniversary on September 11, 1988, Berlin-Peck F~morial ?.~hrary Board Proposed By-Law Changes The Berlin-Peck M~orial T.~hrary Board sukmitted proposed By-Laws of the Board, a copy of a Statement of Policy applicable to all Library employees and a statement regarding fees for patrons of the Library. Tb~se were approved by the Board by vote on June 8, 1988 and the request is for the Executive Board to approve them so that they may be implemented by July 1, 1988. Mayor Peters suggested that in Article IV, Section 2, sentence 1 be revised to read: .The officers of the Library Board shall he elected annually, in the month of February, by the Board. Also Article V, Section. 3, last sentence, the following be added to that sentence: ,within 7 ~rking days. Be then asked the Deputy Mayors to look over tb~ proposals and that they would tak~ them up at the next Executive Board n~eting. Old Business Kensington Fire District: (~ June 2, 1988 the Executive Board passed a motion regarding the purchase of water by the Kensington Fire District fr~ the City o~ New Britain. Upon advise of Corporation Counsel Sullivan the Executive Board D~w passed an amended form of that motion. Mayor Peters moved to approve the amended ~otion, secon~e~__ by Karen McQuade, passed unanimously. The amended motion reads as follc~s: That the Town of Berlin, in any appeal or proceeding involving the taxation of land owned by the city of New Brltakn and located in Berlin, will not raise as an issue, or prejudice the Cmty, by the fac~ that the City may be charging the Kensington Fire District a rate for the purchase of waC_er which may be lower than the rates being charged by the city to other purchasers of water in Berlin, or to the City's own customers. The T~n hereby r~ognizes that the City, in chargLng the Kensington Fire D~strlct such differing rates, would be doing so as an acoaL,Lodati~n tn the District and should not be prejudiced thereby any way. AEtna Hearing with State Traffic C~,~'~ssion: Mayor Peters read f~-~-~-~ a letter in which AEtna has requested that the traffic restrictions placed on them at their Middletown facility be lifted. The Mayor sa~d that he had written to the STC asking that Berlin be notified of the date of Aetna's hearing so that our Town may have some input. Budget Changes and/or Bequests Jim McNair moved to approve a re~,_est of Betty Tedeschi, Begistrar of Voters, to transfer funds in the a~ount of $3,000, f~-~-,; an account set up for a Town Canvass to be done by mail, to the salary account to hire people to db the canvass door-to-door, seconded by Karen unangxmsly. Mayor Peters moved tn approve a request of the Water Control Oai-,;-,~ssion in the an~unt of $2050 for payroll taxes, secor~d by Karen McQuade, Karen F~Quade moved to approve a request of the Mayor's Office in the amount of $12,600 to participate in a cooperative plan with New Britain to collect Household ~azardous Waste, second_ed by Jim McNa{r, passed unanimously. ~e state will reimburse Berlin 50% of total costs. Karen M~de moved to approve a request of Norman Johnson, Cha~ of the Cc~ssic~ for the Aging, in the amount of $8.00 to meet secretarial obligations of the Cu,,,.{ss~on, secc~_ded_ by Mayor Peters, passed unanimously. Karen McQuade moved to approve a re~_est of Gary Clinton, Finance Director, in the amount of $11,244.00, which is the TOwn's 15% share of a grant received frc~ the State of Connecticut for the replacement of und~ storage tanks at the South Kensington Fire House, the Municipal C~rage, and the C~,~u~ty Center, seconded by Jun McNair, ly. Karen McQuade moved to approve a request of Gary Clinton, Finance Director, in the amount of $2,200 due to insufficient fuDxls to send out the tax bills prior to July 1st, seconded by Mayor Peters, passed una m ly. Jim McNa{vmoved to adjourn the meeting at 10:27, seconded byKaren M~,~-, passed unanimously. JOANNE G. WARD, C.M.C. TOWN CLERK TOWN OF BERLIN TOWN HALL · BERLIN, Ct 06037 RESOLUTION BY THE BERLIN EXECUTIVE BOARD TO ESTABLISH A DEFERRED COMPENSATION PLAN WHEREAS, The Employer has employees rendering valuable services; and WHEREAS, the establishment of a deferred compensation plan for such employees will serve the interests of the Employer by enabling it to provide reasonable retirement security for its employees, by providing increased flexibility in its personnel management system, and by assisting in the attraction and retention of competent personnel; and WHEREAS, the Employer had determined that the establishment of a deferred compensation plan. to be administered by the ICMA Retirement Corporation will serve the above object- ives, and WHEREAS, the Employer desires that the investment of funds held under it deffered com- ~p.~nsation plan be administered by the ICMA Retirement Corporation, as Trustee with the ~Jerstanding that such funds will be held by the ICMA Retirement Trust, a tr~st estab- iished by public empoloyers for the purpose of representing the interests of such em- ployers with respect to the collective investment of funds held under their deferred compensation plans; NOW THEREFORE BE IT RESOLVED that the Employer adopts the deferred compensation plan, attached hereto as Appendix A, and appoints the ICMA Retirement Corporation to serve as Administrator thereunder; and BE IT FURTHER RESOLVED that the Employer hereby executes the ICMA Retirement Trust, attached hereto as Appendix B; and BE IT FURTHER RESOLVED that the Employer hereby adopts the trust agreement attached hereto as Appendix C, and appoints the ICMA Retirement Corporation as Trustee thereunder and directs the ICMA Retirement Corporation, as Trustee, to invest all funds held under the deferred compensation plan through the ICMA Retirement Trust as soon as is practica- ble; and BE IT FURTHER RESOLVED that the Finance Director shall be the coordinator for this pro- gram and shall receive necessary reports, notices, etc. from the ICMA Retirement Cor- poration as Administrator, and shall cast, on behalf of the Employer, any required votes under the program. Administrative duties to carry out the plan may be assigned to the appropriate departments JOANNE G. WARD, C.M.C. TOWN CLERK TOWN OF BERLIN TOWN HALL * BERLIN, CT 06037 I, Joanne G. Ward, Town Clerk of the Town of Berlin, do hereby certify that the fore- going resolution, proposed by the Mayor was duly passed and adopted by the Executive Board of the Town of Berlin, County of Hartford and State of Connecticut at a regular meeting thereof assembled this 13th. day of June, 1988, by the following vote: AYES NAYS ABSENT 3 0 0 Dated at Berlin, Connecticut, this 15th. day of June, 1988. e G. Ward, Town Clerk of Berlin APPENDIX A ("EMPLOYER") DEFERRED COMPENSATION PLAN ARTICLE I. INTRODUCTION The Empla~ hereby establ~hes the Empioye~ Dofened Comp~-~ation Plan, hereln~ter referred to as the "Plan.' The Plan con,isis of the provisions set lorth in this document. The primary purpase of this Plan is to provide relirement income and other defe~ed benefits to ihe Employees of the Employer in accordance with the pro. vi~iO~S of section 457 of the internal Revenue Code of 1954, aS amended. This Plan shall be an agreement solely belwean the Employer and pa~ticipat. lng Eml:~. ARTICLE II. OEFINmON$ ~'.tlefl 2,01 .N=eeunt: The beokkee~ng account maintained for each Par. IJcipant reflecting the cumulative amount of the Participant~ Deferred Com- pensation, including any income, gains, losses, o~ increases or decreases in market velue atlributeble to the Employer's investment of the Parlicipent~ ~rticJpant~ Deferred Compensation. ~ectlon 2.02 Administrator: The person or pamons named to carry Oul car. lain nondiacretionary administmlive functions under the Plan, as hereinafter described. The Employer may remove any pemo~t aS Administrator upon 60 days' advance nolice in wnting to Such person, in which case the Employer ~hell name another pemon or persons to act as Aclministreto~, The Adminis- tret~ may rasige upon 60 days' advance nelice in wrffing to the Employer, in which case the Employer Shall name another person or persons to act as ~letlml 2.0:3 Benefl~llry.. The person or pea:ms designated by the Par- IJcip~nt in his Joinder Agreement who shall receive any benefits payable here- under in the event o~ the Partic+pant~ death. mutually agree to defer hereunder, any amount credited to a Participant's the Eml~oyer agrees to credit to a Part.pent% Account. ~1OI1 2,~5 Empll~/~e.' Any indiv~clual who provides sef¥icas for the ~- - ' .,;c ;..1~:-'.~ :=;--'--~ -'~ "": h:: .~.c:.:..~;,;,,~r.---;;; ~, '"" ,. ,,' aS lligible to partici- pate in the Plan. ~4etlon 2.0~ Ineludlble Compermatlon: The ~mounl of an Employee's peneation Imm the Employer kx a taxable year that is attributable to earvices pedom~d Ior Ihe Employer a'~d Ihat is includible in Ihe Eml~ gross income any amount excfudable from gross income under this Plan (x any Other ;)lan described in asc~ion 457(b) ol the Internal Revenue C(x~ any amount ~"~ble from gro~ income under section 403(b) of the Internal Revenue Code, ,x any Othe~ amount eocJudable f~om gmes income for federal inceme tax pur- poses. IncfudiMa Compensetion shall be determined without regard to any ~ommunlty pfope~/la~ve. ~eetlon 2.07 ~lnder Agreement: An agreement entered into between an Employee and the Employs, including any ~nendments or modif~7.etions a preference among the investment alternatives designated by the Employer. designete the Emp~oyee~ Beneficiary or Beneficiaries, and incorporale the terms, cond~ions, and provisions of the Ran by ~erenc~ ~,ectlon 2.08 Normal Compill~tion: The ~mount of compense'~ion which would be payable to a Par~cipant by the Employer for a tax~ble year if no Joinder Agmernent were in effect to deler compensation under this P~an, 8ecflen 2.1)9 Normal Retirement Age: Age 70, unless the Paflicipent has elected an alternate Normal Retirement Age by wfilten instrument o~elivered to the Administrator Dtior to Separation from sen~ce. A Participant's Normal Retirement Age determines (a) the lalast time when benefits may commence under this Plan (unless the Participant continues employment alter Normal Retirement Age). and Co) the period during which a Participant may utitize the catch.up limitation ol Section 5.02 hereunder. Once a Panic, pant has to any extent utilized the calch-up limitation of Section 5.02, his Normal Retirement Age may not be changed. A Participant~ alternate Non'naa Retirement Age may nol be earlier than the earliest date that the. Participant will become eligible to retire and ~ceive ur~-,~L=ed ~rement benernts under the Emily.s basic r~rement plan cover. lng the Participant and may not be later than the dale the Participant attains age 70. II a Participant continues em~oyment after attaining age 70. 11ol hay. lng previou~y elected an alternate Normal Retirement Age, Ihe Participant's alternate NormaJ Retirement Age Shall nol be later than ihe mandatory retire- ment age, if any, es~.ablished by the Employer, or the age at whiCh the Pat- ticipent acluelly separates from ~ if the Employer has no mandatcry retire- ment age. If the Participant will no~ become eligible to receive benef'~s under a ba~c retirement plan maintained by the Employer, the Participant~ ~ernate Nos'naa Retirement Age may not be earlier than alt~inment of age 55 and may nc~ be laler than the at~inment ol age 70. Se=lien 2.10 Pertl¢lplnt: Any Employee who has joined the Plan pu~Jant to the requirements o{ Anicte IV. ~ecllon 2.11 I~afl ~lar: The calendar year. ~elle~ 2.12 Retirement.* The first dale upon which both of the following attainment of age 65. ~ectlen 2.13 ,~mtlon from ~ervlee: sentence of the Participant% employment with the Employs' which constitutes · "separation from sewice' within the meaning of section 402 (e) 4 (A) (iii) ol ~ Internal Revanue Code In general, a Pafficipant Shall be deemed to have severod his employment with the Emplo,/er for purpoeaa ol this Plan when, in ascordance with the estab- lished I~,aotices of the Employer, the employment relalionShip is considered to have actually tem'~inated. In the case of · Participant who is an inclepan. dent contractor of the Employer, Separation Imm Service Shall be deemed to h~/e occun',ed when the Participant's contract unde~ which services are per- fom~ed has coml~etety expired and terminated, there is no fo,-eeaeable pos- ~ibllity thai the Employer wilt mnaw the contract or enter into a new contract for the Pertlcipant~ sar'vices, and it is n~ anticipated that aha PafliciDant will become an Employee of the Employer ~ $.0'10utloa of tmploy~r: ~ Employer ahall have the authorit~ wh~ may be ,'eduimd in the ~inislratio~ OI Ibis Plan. /'~n 3.02 Dullea of AdmlnlMmto~. The Admiflistrat~, as agent for the lion w~th the Plan, including the maintenance of Participant' Account~ the proviMon of periodic ~ on the st~tus O1 Mch k:count and the diM)ume- rne~ ot benef~ (m behaif O1 the Employer in accordance with the provisions ofth~ l~n. ARTICLE W. I~,RTICiPATION IN THE PI.AN ~ 4.01 Initial Pa~,Jcllmtlon: An E~ ~ ~ a ~ ~ 4.~ ~e~me~ ~ ~nder ~me~: A ~i~ m~ ~ ~ ~ ~ ~ t~ ~tum ~ ~ ~ e~ i~me~ made ~ ~ Ember). ~h ~ ~1 ~ ~iw. ~ ~ ~i~ ~ ~ ~ ~r mo~ ~me~i~ ~er ~e Me the ~me~ is ~. A ~ m~ ~ a~ ti~ ~ his ~r ~ ~ ~ ~y. ARTICLE V. UMITATION$ OF DEFERRAL~ Section 5.01 NM'mil Llmltltlon: Except as provided in seolion 5.02, the maximum amount of Deterred CompanMtim for any Participant for any taxa. ity be equivalent to the lesser O1 $TnSOODO (x 2.5 percent of the P~rticlpant~ · ..tM 5.o2 Cinch. Up Umltltlon: For each ol the last three (3) taxable y~am of a PabcO, pant ending bolore his att~inmer~ of Normal R~immenl Age. ~1) $15.000 Or (2) the sum Of (i) the Normal Limitation for the taxable year, and (i~ that po~ion O1 Ihe Normal Limitalion for each of the prior t~u~ble y~ar~ of ~ Par'dclpant commencing after '197~ during which the Plan vms in exis~nce, compem~on ('~ any) deferred ur,der the plan was subject to the llmitmions eM ~ in section 5.01, and the Participant was efigible fo participate in the I~an (or in any giber plan established under section 457 of the tnterM1 Reve- nue Code by an employer within the sa, me State as the Employer) in exce~ 5.02. a Participant~ Includible Compensa~on for the current taxable year shall of the amount pan'hatted under Ihe Norm~ Limitation, and the Participant's ~ny Imount ~ could have been deferred under the Normal Limitation for m.ch prior taxable year. 5,02. amoun~ contril:x~Kl by the Employ~ on behalf O1 a Participant fo~ the pm~natic~ under this Plan fOr. the taxabde )tar in which the contribution was ~ VI. INV~~ AND ACCOUNT VALUES shall be the sole ~ O1 the Employer and ~ not be held in trust for Pmticipants or as collateral security for the fulfillment of the Employer~, obi;ga- lions undar the Plan. Such property a~ait be sut~ect tO the ciaims O1 0eneral any claim a~ainst the Employer ecept as · general cre<~or the amourd and value c~ the investments Or ofher properly oblained by the Employer through the investment of the Pafficipant's Deferred Cornpans~on. It is anticipated that the Employer~ inva~'nents with respect to a Parlicipant v~tl conform to the imlstment prelerarce specl~ed in the Participant's Joincler Agreement, but nofhing herein shall be construed to require the Employer to make any perticuiar investment of a Pa,~cipant's Delerred Compensalion. Each lng the then. currant value of hie ~'"tlon 0.03 'IYan~i,~: A transler will be ~:~.,epted from an eligible State doforred corrlp~n,~ltion plan maintained by ano~hor amplOyor an~l creditod to a Participant's ~ccount under this Plan. 'rhe £mploye¢ may require such clocumentation fr~m the predecessor gan as it deom$ necessary tO effectu- ate the trard~, to confirm that euch plan is an eli0ible .,~kale dolerred corn- and to assure that trane'ers ara provided for under such plan. Any such trans. Ferrari amount shaft nd~ be tr0ated as n deferral subject to the limitations ot Article V, 6~cepl that, for purposes of appyng the limitations of Section 5.0'1 and 5.02, an amount deterred during any taxable year under the plan from which the transfer is acceded shall be trOeted as if it had been doferred under this Plan during suc~ taxable y~ar and c.,Omp~nsation paid by the tran~eror employer sht~l be treated os it it had beeh paid by' the ~tlon 6.04 ~mploy~r Liability: In ~o event ~atl the Employer's liability crediled to the Pan'iclpent's ~cco~nt: the Fmployer shaft ~ be lial:de for Ioese~ arising from doprecloUon or ~hdnkage in the value O1 any irwestm~Rs acquired under this Plan. ARTICLE VII. BENEFITS · a~cllon 7.01 Retirement Benoflt~ and Election on Sepemtion from ~rvic~: Except as nthenvise provided in this Arl~le Vii, the distribution of Ii PartiCipant'S ACCOunt shaft commence during the second calendar month after the close O1 the Plan Year O1 the Part;cipant's Retirement, and the distri. bution of such Retirement benefits shall be made in acco~a~ w~ one of the payment options described in SectJo~ 7.02. NOIWithstanding the forego. ing, the Participant may irrevocably e~ect within 60 days following separation fTom Service to have the distribution of benefits commence on a date o~er than thai described in the preceding sentence which is al leas~ 60 days after the date such election is delivered in writing to the Employer and fo~varded to the Administrator but nol later then 60 dayl after the close O1 the Plan Year of the Participant's attainment o1 Nom~al Retirement Age or Separation from Service, whichev~ is later. ~4etlon ?.02 Flyment Optlonl: As provided in Sections 7.01 and 7.05, a Participant may etecl to have the value of his Account clistr~buted in accor- dance with one O1 the fo{towing payment c~ions, provided that such option is consistenl with the limitations se1 foffh in Section 7.03: (a) Equal month~, quellen*y, eemi-a~ or annual payments in an amount chosen by the Pa~icipant, continuing until h~ ,N:count is exhausted; (b) One hJmp sum payment; (c) Apm:,dmaey _,,~ ~ m(xe~, quarry, calculated to co~nue for a period chosen by the Par[icipant; (d) Payments edual fo paymenls mede by the issuer O1 & retirement annuity policy acquired by the Employer; (e} Any olher payment oplton elected by the Participant end agreed Io by the Employs:. before the paymenl O1 benerds is to (3on'lmence If a Participant fails to make & tirnety election of a l:)eyment ogtion, bermNs ahall be paid monthly under cq0tion (c) above Io~ a ~ of five year& ~eetlen 7.03 Umltatlen on Optlena: No payment o~tion may be setected by the Participant under Section 702 unisea the present value of the payments to the Rarticipant, ~termined as of the date benef~ commenc~ exceeds 50 percent o1 the vmue c~ the Pa~cipant's Account as o1 the date bene~ts ~ Pre~nl ~ue d~ermination~ unde~ ~ ~ ~ ~ ~be ~ ~ a~, u~r ~ ~ ~ ~ ~ ~e ~ ~ ~i- ~n ~ M ~a~ I~e ~ ~ ~ ~ is the ~i~ ~all ~ ~ in n I~D ~ ~ t~ ~te ~ th~ ~i~. If ~e ~i~ (ns m~i~, ~ ~. in ~ ~h ~ ~i~ mN~ ~ ~is ~). ~ ~ ~m~ ~ ~ n~ ~iN~ ~ u~r ~ ~ ~ ~ ~ ~i~ in n ~p ~m to ~ ~te ~ ~ ~n~. ~ ~e ~i~N~ ~ ~ ~ ~e ~ ~e ~a~ ~me~i~ ~in ~ ~ ~ ~ ~e ~ ~h. ~h ~ ~11 ~ ~i~ in ~i~y ~ an~ i~ll~ ~r fi~ ~n~ ~ ~r =h ~er ~ri~ ~ m~ ~ ~ ~ a~ thai ~e ~ ~ n~ nn~ in~ll- ~ is ~ I~ ~n ~, u~ tN ~ia~ ~ ~ ~flereN ~enl ~i~ ~in ~ d~ ~ the Pa~i~ ~h. N~h~i~ the ~an the ~ ~ ~r ~e Pa~ ~th and ~ ~er ~an ~ ~ ~er · e I~ ~ ~ ~ ~ ~ Ran ~r in ~ ~ ~ ~ ~ =Id ~ ~ N~ R~ir~ ~ ~ t~ ~ ~ ~ Ran ~r i~ ~ich ment ~i~ ~e~ to ~e ~ ~ i~ ~i~ ~e~ ~all ~n ~ ~ ~a~ mu~ ~e ~ ~e~ to ~e ~cia~ ~in ~ ~n ~5) ~ H~ ~ ~ ~ ~ ~ ~ 7.~ Ufl~~ ~~: In ~ ~ an u~Be ~ ~m. ~ ~i~N m~ a~y to ~ Ember to ~ thnt ~fl ~ ~ ~1~ ~ ~= ~ ~1 is r~Uy ~ to ~ti~ ~e ~ ~ ~ ~y ~h a~N ~ the Ember ~s ~ ~ i~m~e ~ ~r ~m~. ~ I~ui~ ~ ~er ~ ~ ~e ~ ~ ~ ~ ~ ~u~ ~ fl~i~ ~p. An u~ financial hardship to the Participant resulting from a sudden and unexpected illnes~ accident or disability of the Participant or of a d~3er~ent (as defined in section 152(a) of the Internal RMnue Code) of the Participant, loss of the Par- tlcipant's property due to casuMy, or o~her similar and extr&ordinery unforesee- able circumstances arising aa a result of events beyond the control of the Par- ti~iDaf'tt. The ne(K:l to ~nd · PaflioiiDant's child tO Coitege or to pul'chase a new home shaft not be considered unforeseeable emergencies~ The determination as to whether SuCh tan untoreseeable emergar~'y exists shaft be based on the ARTICLE VIII. NON-ASSIGNABILITY No Parecipar~ or Beneficiary shall have any fight to commute, s~l. assign, pledge, lransfer or olherwise COrM~y or encumber the right to receive any ~ meets hereunder, which payments and fights are expressly declared to be non- assignable and non-tranderable. ARTICLE IX, RELATIONSHIP 1'O OTHER PLANS AND EMPLOYMENT AGREEMENT~ This Plan serves in addition to any olher retirement, pension, or ben~l'rt plan or ~y~-tem presently in existence or hero,alter established Ior the benefit of the able under any such plan or system. N~hing conl~ined in this Plan shall be deemed to constitute er~ employment contract o~ agreement between any Par- ticipant end the Employer or to give any Participant the fight tO be retained in the employ of the Employer. Nor shall anything herein be construed Io modify the terms of any employment conlrect or agreement t3etween a Participant end the Employer. ARTICLE X. AMENDMENT OR TERMINATION OF PLAN The Employer may at any time amend this Plan pro-dad that it Irar-,=,mits such amendment in writing to the Admir~s~rator at least 30 days prior to the effective date of the amendme~. The consent o~ the Administrator shall rto~ be required in order for such amenoYnent to become ~fec~ive. but ~e Administrator shall be under no Obligation to continue acting as Aclmini~ttator hereunder il it disap- proves of such amendment. The Employer may al any time terminate this Plan. The Administrator may et any time ~ an ~u'nendment to the Plan by an instrument in writing tmnsmilted to ~ Employer al least 30 days before the effec- tive date of the amendment. Such amendment shall become e~ctive unless. within such 30.day period, the Employer notifies the Administrator in writing that effeclK~ In the event of such ~sapproval, the Administrator shall be under no obligation to cat, hue acting es Admi~strator hereunder. No amendment or termination of the Plan shall divesl any Participant of any rights with respect tO compensation deferred before the date el the amendment or te~ninetion. ARTICLE Xl. APPt. lCABLE LAW This Plan shall be cat.rued under the laws of the ~tate where the Employer is located and is established with the intent that il rnee~ the ~m:iuirernents of an 'eligible ~tste da~erred coml~on plan' under 9ec~ 457 of the Internal Rev. eflue Coda of 1954, as amondad. The provisione of this Plan shall be inlerpreled wherever possible in ~ity With the requirements of that SeCtion. ARTICLE Xll. GENDER AND NUMBER The masculine pronoun, whenever used herein, shall include the leminine DrO- noun, end the ,ingular shall ir~ude the plufat, excepl where the context requires DECLARATION OF TRUST OF ICMA RETIREMENT TRUST ARTICLE I. NAME AND DEFINITIONS ~ 1.1 Nlme: The Nose of the Trust, as ame~gfocl and restated hereby, is the ICMA Retirement T~St. ~'flon 1.2 DeflMtlona: Wherever they ara used herein, Iha following terms shall haw the following res~ meanings: (a) By-Law~ The By.laws [e;e,-red to in Section ,[1 hereof, as amended from time to time. end maintained by a Public Employe~ for the purpuso of providing retire- ment income and other delerTed befler~ to its employees in accordance with Ihe provisions of section 457 o4' the Internal RevemJe Code of lg54, (c) Employees. Those employees who participate in QualiSed Plans.* (d) Employer Trust, A trust created pursuant to an agreement betwe(m RC and a PubJIC Emp~r for the purpose of investing and administering the ~ funds set aside by such Employer in connection with its Deferred Compon- marion egreemer~ with its employees or in com'mclk~ with its Quaked Plan. (e) Guara~t~ecl lnvesb~eflt Contract. A contract entered into by the Retire- merit Trust with insurance companies that provides for a guaranteed rate ol return on investments made pursuant to such contract. (f) ICMA. The International City Management Association. (g) ICMA/RC Trustees. Those Trustees elected by lhe Public Employers who, in accordance with the provisions of Section 3.1(a) hereof, are also mem. bern of the Board of Directors of ICMA or RC. ~) Imestment Adviser. The Investment Adviser that enters into a contract with the Retirement Trust to provide advice with respect to Investment of the Treat Prop~. Adviser to the Retirement Trust, under the eupewialon of the Trustees, for the purlx)se of providing invastmenls for the Trust Property. ~) Public Employee Trustee~ Those Trustees eiechad by the Public Employms who, in accordance with the provisions of Section 3.1(a) here~, are lull-time employees of Public Employers. (k) Public Employer Trustees. Public Employers who serve as trustees of the Qualified Plans. (I) Public Employer A unit of state or local government, or any agency or instrumeraality thereof, that has adopted a Deferred Compensation Plan or a Qualified Plan and has executed this Declamtio~ of Trust. (m) Qualified Plan. A plan sponeorad by a Public Employer for the put'Tx)sa of providing retirement income to its employees which satisfies the Clualifi- cation requirements of Section 401 ol the lntemal Revenue Code, as amended,, (n) RC. The International City Management Association Retirement Corpo- ration, (o) R~r~ment Trust. The Trust c~-~ by this Declaration of Trust. (p) Trust Property. The amounts held in UTe R~mment Trust on behall of the Public Employers in cortnection with Oefermd Compensation Plans and on behelf of the Public Employer Trustees for the exctush~ bertefit ol Emplopma purauant to Qualk tied Plane, The Trust Property shaft include any income resulting from the invest- ment of the amounts sO held. (q) Tru~ee~ The Public Emp~ Tru~a~as and ICMA/RC Trustees elected by the Public Employm,s to serve as members of the BOa~I of Trustees of the Retirement ARTICLE II, CREATION AND PURPOSE OF THE TRUST;, OWNERSHIP OF TRUST PROPERTY Seetlo~ 2.1 ~'eatlo~: The Retirement Trust Is created and established by the execution of this Declaration of TrOst by the Trusteee and the Public Employers. Section 2.2 Purpose! The purpose of the Retirement Trust Is tO provide for the commingled investment of funds held by the Public Eml:Hoyers in connec. tion with their Def~ Compansettort end QuaJifled Pla;,~. The Trust Prop- arty shall be ir~sted i~ the Portfolios, in Guaranteed Investment Contracts, and in other investments recommended by the Investment/~lviser under the in securities Is~uecl by Public Employgrs. Section 2,30wnemhlp of lh~at Property: The Trustees shell have legal t~tle to the Tr,~t Prel:x~y. The Public Employers shall be the benel'~al owners of the portion of the Trust ProDefly allocable to the Deferred Compensation Plans. The po~ior~ of the Trust Property allocable to Ihe Qualified Plans shaft be held for the Public Employer Trustees for the exclusive benefit of the Employee~ ARTICLE III. TRUSTEES Section 3.1 Number and Qu. llflr, ltlon of (a) The Board of Trustees shM consist of nine Trustees. Rye o~ the Trusteas ehall be full-time employees of a Public Eml~:)yer (the Public Employee Trustees) who ara authorized by euch Public Employer to sewe as Trustee. The remaining lout Trustees shaft consist of two persons who, ot the time election to the Ooard of Trustees, are memt)era ot the Board of Directors of lC:MA and Iwo parsons who, at the time of alection, ~,ra members of the Board ol ICIVtA, nod one of the Trusteee who is a director of RC, shall, at the time ol election, be full-time employees of a Public Employm. (b) No persen may serve as a Trustee for m~e than one tram th any tee-yea; Section 3.2 Election and Term. (a) Exoe~ lor the Trustees ag1:)ointed to fill vacsncies pursuant to Section 3.5 hereof, the Trustee~ shaft be alectod by a vote of ia majodty di the Public Employ, em in acco~lanoe with the pracedures set forth in the (b) A1 th~ first eledtlon of Trustees, three Trustees shail be elected for a temq .o~ three yea~ three Trustee~ shaft be elected for a term of two years and three Trusteas shall be elected Ex a term of one year. Al each ~ubsequent ek~'-~on, three Trustees shall be elected for a term of three years and u~l his or her suCCessor ia elected and qualified. f'-'~lon 3.3 Nomlnatlona: The Trustees who am fu#-time employees of Public _,~pioyers shall serve as the Nominating Committee lot the Public Employee 'rrusteas. The NominaUng C_x3rrmqittse shall ct'.:,~se canoqda~s for PUbic Empioyee Trustees in acco~ance w+th the procedures ~et foffn in the By-Laws. Section 3.4 Reaign.,tlon and Removal. (a) Any Trustee may resign as Trustee (without need for prior or subsequent accounting) by an instrument in writing signad by the Trustee and dalivered to ~ other Trustees and such resignation ~ be effective upon such dativary, or at a later date aCcOrding to the terms of the instrument. Any of the Trustees may be removed for cause, by a vote of a majority of the Public Employer~ (b) EaCh Public Employee Trustee shall resign his or her ~ ag Trustee of a Public Empioye~. ~a~"tlon 3.5 Ymcmnolel: The term of office of a Trustee shall terminate and a vacancy shel~ oo~n t~ the event of the death, resignation, removai, adjudi- rated incompetence or other incapacity to perfo~n the duties of the office of a Trustee In the case of a vacancy, the remaining Trustees Shall appoint such per~on as they in thair o'tscretion shall see fit (subje~ to the limitations set forth in this Section), to serve for the unexpired perUon of the term of the Trustee who has re~gnacl or otherwise ceased to be a Trustee The appointment shell be made by a written instrument s~gnsd by a majority of the Trustees, The per- son appointed must be the same type of Trustee 0~, Public Empioyee Trus- tee or ICMA/RC Trustee) as the person who has ceased to be a Trustee An appointment of a Trustee may be made in ar~'Jcipetion of a vacancy to oocur at a later dee by mason of ~irement or msigns~on, i:~ov~cled that such a~3eint- ever a vacancy in the number of Trustees shall occur, until such vacancy is fil~cl as pn:&,idad in this Section 3,5, the Trustees in ~ regamless of their /,,,,~number, shall have all the pewees granted to the Trustees and shall discharge ':1I the duties imposed upOn Ihe Trustees by this Declaration. A written instru- ment certifying the existence of such vacancy signed by a majority of the Trustees sh~ be conclusive evidence of the existence ol such vacancy. Section 3.6 'n'u~teel Serve In Representative Capacity: By executing this Dec~araticn, each PuUic Employer agrees that the Public Employee Tru?ees elected by the Public Employers are authorized to act as ageras and represen- tatives of the Public Empioyers collectively. ARTICLE IV. POWERS OF TRUSTEES Section 4.1 General Powem: Th~ Trustees shall have the power to conduct but shall nof be limited to, the power to: (a} receive the Trust Property from the Public Empfoyera, Public Employer Trustees or other Trustee of any Empioyor Trust; (b) enter into a contract with an Investment Adviser providing, among other things, for the establishment and operation of the Portfolios, selection of the Guaranteed Investment Contracts in which the Trust Pn3perty may be invested, ble fees to the Investment Adviser and lo any sub. invastment, advise~ n~ainecl by the invee~ment Adviser;, (c) revfew annu~y the performance of the Investment Adviser and approve annually the contract with such Investment Adviser;, (d) invast anti minvesl the Trust Propeffy in the Porlfolios, the Guarantsed Interest Employer has directed that its monies be invested in specified Po~olios or in a Guaranteed Investment Contract, the Trustees of the Re§rement Trust ~ invest such monies in accordance with such ~ractiona; ~ .,) keep such podion of the Trust Property in cash or cash beTances as the I'rustess, from time to time, may deem to be in the best interest of the Retire- ment Trust creeled hereby, without liability for Interest thereon; (l) accep[ and retain tor ~ch time as they may deem edvise~e any securi- ties or other property received or acquired by them as Trustees hereunder, whether or net such securitiee or ether propedy would normally be purchased as investments hereunder; (g) cause any ~ecu~ies or athe~ 10~oerty held as pad of the Truet Pmpe~y to be registered in the name of the Retirement Trust or in the name of a nomi- nee, and to hold any irr-/estments in.bearer form, but the books and records of the Trustees ShM at all times show that all such investments are a part of the Trust Propen'y; (h) make, execut~ aCknowledge, and cfelivar any and all documents of trans- fer and conveyance and any and all other instruments that may be necessary or appe)priete to carry out the IX)We~ be~n granted; or powers of attorney with or without power of substitution; exercise any con- va~on privileges, subeorilXion rights, or Other o~tions, and make any pay- manta incidental thereto: ol)~x)se, or consent Io, or ofherwise participate in, corporate reorganizstior~ or other changas affecting coq:x~ate securities, and delegate discretionary pewee, and pay any assessments or charges in con- nection therewith; and generally axe.se any of the powers of an owner with Property,. ~ enter into contracls or a~angemenla for goods or services required in con- nection with the operation of the Retirement Trust, including, but not limited to, co~racts with custodians and contracts for the provision of administrative {1<) borrow or raise money for the purposes of the Retirement Trust in such arnounL and upon such terms and ocnditions, asthe Trustees shall deem advis- able, provided Ihat the aggregate amount of such boreowings shall nol exceed 30%'of the value of the Trust Pn:q3e~. No person lending money to the Trustees shall be bound fo see the application of the money lent or to inquire into its vaiidily, expediency or propriety of any .such bonowing; (I) incur reasonable expenses as required for the operation of the Retirement Trust and deduct such expenses from the Trust Property; (m) pay expenses properly allocable to the Trust Property incurred in connec- tion with the Deferred Compensation Plans. Qualified Plans, or the Empioyer Trusts and deduct such expenses from Ihat portion of the Trust Property to whom such expenses are properly allocable; (n) pay out of the Trust Propen'y all real and personal property taxes, income taxes and other taxes of any and ail kinds which, in the opinion of the Trustees. are pn;~edy le/ied, o¢ aseessed under exL~ng or future laws upon, or in respect ol, the Trust Property and allocate any ~ taxes to the a~opropriate accounts: (o) adopt, amend and repeal the By-Laws, provided that such By-Laws are at ail times consistent with the terms of this Declaration of Trust; (I)) employ persons to make available interests in the Retirement Trust to employers eligible to maintain · Deferred Compensation Plan under Section 457 or a Qualified Plan under Section 401 of the Internal Revenue Code, as amended; (cO issue the Annuai Report of the Retirement Trust. and the ~sclosure docu- ments and other literature used by the Retirement Trust; (r) make loans, incluoqng the pumhese of debt obligations, provided that all suCh loans shai! bear interest at the current market rate; (s) conlract for, and delegate any pew~rs granted hereunder to, such off,~re, agents, ernt:~oyees, auditors and attorneys as the Trustees may select, pr~decl that Ihe Trustees may net delegate the powers set fo~h in paragraphs (b). (c) and (0) of this Section 4,1 and may not delegate any powers if such delega. lion would violate their fiduciary duties; (t) provide for the indemnification of the officers and Trustees of the Retireme~ Trust and purchase fi:luciary insuranCe; (u) maintain books and records, including separate accounts for each Public Employer, Public Employer Trustee or Employer Trust and such additional sep- arate accounts as are required under and consistent with, the Deferred Com- pensation or Quailed Plan ol each Public Employer; and (v) do all such ~ lake all such proceedings, and exercise all euch dghts and p~vilegas, although ncl spscif~ mentioned herein, as the Tmstass may deem necessary or appropriate to administer the Trust Property and to carry out the purposes ol the Retirement Trust. fill TRUST AGREEMENT WITH THE ICMA RETIREMENT CORPORATION APPENDIX C AQREEMEITT made by and ~ lhe Emldoyer rtamed in the a~ached reso. lution and the Inlem~tlonaJ City M&negement A_-__,,~_.'etion Retirement Corpora- ~ i~ ~ ~ a~e~ ~ ~s ~ ~de ~ Em~m in u~ m~ ~ ~ ~ ~ ~ ~~ ~ ~ Ember ~ ~ ~in~~~in~ ~ ~. ~~, ~ Ember ~ ~i~ a ~ ~~ ~an ~er ~ ~ ~u~ ~ u~ ~ ~. ~ Em~ ~ms m i~m ~, am ~ ~ ~u~ ~in ~ ~i~, ~, a~ .~p ~ ~ Emir, a~ ~ ~ ~ ~r~ a~ ~i~ ~ ~ ~, ~ERE~RE, ~ ~ ~h~ (e) ~ Em~ ~ ~ E~ ~) ~ ~ ~ ~t ~ ~ ~d ~ ~ ~ e~ ARTICLE I. GENERAL DUTIES OF THE PARTIES · ~#en t.1 General Duly M tile Empley~: The Eml:~c~ a~l make regu. W ~ ~ equ~l to the tmour~ ol ~ m"~l~,~' coml~r~tion m the l'u/Fund~ It .hall ,dminilter the Tm~ Ftmc~ c:clecl the Income tee Itel lifo hcdd d 'lhJl r-un~ which. ~ 10 t. _.._~ 'lhJl~ ~hM b~ ~,Jbjecl to d d th~ t~ m~cl m of ~i~ Arr~emem. ARTICLE II. POWE~ AND DUTIES OF TIlE TRUSTEE IN INVESTMENT, ADMINISTRATION, AND DISBURSEMENT OF THE TRUST ~-.~ (i) To ~ COO~Nq~ O~ submit Io arbitration -,ny claimk ~ ~ ARTICLE Iff. FOR PROTECTION OF TRUSTEE O~ the Eml:doyM which the Trustee I:)e4ievee to have been u~gned by 8 duly cle'~nalecl ~ ol lhe E~loy~r. No ~nic~io~ ~ ba binding any o~ the Tn.ml Functs or Tru~ee urlit ~ me rec~ t3y t~e Tn~lee. Sectio. 3.2 Advk~ of ~: ~ion lakan (x omitted in ~ bith I:mf'~Jant to such advice. ~4ctlo. 3.3 MIK~IIIn~ooI. The Truslee shal uae ordinary care a,'xi ~ ~ duties ar~ o~gatiom ,hall be limited to those ARTICLE IV. TAXES, EXPENSES AND COMPENSATION OF TRUSTEE Funds any tadms on the 'R'um Funds or tho ircome therool (~ which the Tins. lee is requital Io ~ with respect to the interest o(' m~ peraon therein. ~4gflon 4.2 ExpMmel: The 1/uetee ehall declucl from and ch~roe i~iflst When an acr..ounl becortwl an account etatecI, luch eocounl shall be finafly lMtlecl, and the ~ ehaJt be comWetety ciisr.,h~Oed and rel~Md, aim if such ICCOUnt had boen 8e~Ued linCl Idlowed by I jodomo~ ~' decree Oi a court ot competent jurisdiction in ~n action o~ I:x~:~ling in which the '~,ustee and the The Tru~ee ehall have the right to apply at any time ~o o coufl ol competeflt ARTICLE VI. RESIGNATION AND REMOVAl. OF TRUSTEE Section 6,1 ReiionmUon of l~.tee: The 7n,~tee may m~ion at am/lime ~ ,ixty (60) days hem the date of such ~ and upon appointment 8 mJcc~ pomuanl to ~__~__~o~ 63., whichever stroll lira ex:cur 8~'tlon ~.2 P,m~O~ll of 'l~u~tee: The Emptol~ ri'my remove lhe Trustee at any time by ir~ to ;he Trustee a vvrme~ notice ol M removal a~ an 84gtion 8.3 Appolmment of Succeuor ltuMee: The.pp(dntmef~ .uccessor to d'm Tru~ee ~ ~ake effect Ul~m the cieli~my rathe Tf~etee (il) an ir~irumont in writing exBcuted by, the Em~:~)y~r ~opoir4in a~onl ot it. I:X, edeceMo~, and (t)) Im acc~ in writing, execu~d by such ~ ot 1he I~rovJ~:lns aet foilh herein wilh fllet:)ect tolhe Tn, Jatee ll'.alt relate been odglnal~ ~ u ~ If a euccessot is not aol:~rted w4t~n 'eiXty (60} da,~ afro the 'fmstee give~ notice of its meignabon ixJ~,Stmflt to Secti~ 6.1., the 1.umee may ap~y lo a~ coufl o~ competent iurisclictiofl Im appolrdme~ ol · succe~or 8egtlon 8.4 TmMbr ol Funds t~ Su~aor:, Upon the removal o~ the T,'kmee and al:)lx:d~ ol a mJeceem~, and altM the final ~ VIL DURATION AND REVOCATION OF TRUST AGREEMENT Section 7.1 Duration end Itevocitlon: ~ Trust studl conlinue IOr Such m~rmtion or mvocalion cf the Trust, ~ of the assets the~eo( shalt re~urn to ancl reve~ to 1he EmWoye~, Terminatiefl o~ this Trust ~ not, however, reheve the Employer ol the Employe~'s cofltir~ng obligatiofl to pay dele.ed compenaa- lk)n Io Emp~3yees in _=-:-:-:-.-~ame ~ the terms od me Plan. I~ctlon ?,2 Amondment: The Employer ~ have the right to amend th~s A0roemen( in who4e nnd in part bul (xdy with tho 'frustoe's written co~sent. A~ tuch mymndment shallbecome effective upon (a) delivery to the Tru~ee ADDESI~M EX~2UTIVE BOARD MINUTES June 13, 1988 Upon motion made by Mayor 9Dbert Peters, seconded by Karen McQuade, the following resolution was adopted by the Executive Board to go to Tc~n Meeting on June 23, 1988, for legislative body approval: "To consider and act upon recommendations of the Water Control Cc~ssion to amand an amendment to a bond resolution adopted at a Special Town M~eting held in the Town of Berlin on June 19, 1985, authorizing the Executive Board to appropriate a sum, not to exceed $4,700,000 through the issuance of bonds or notes for the Town Wide Water System Phase II to include Water Mains on Kensington ~uad and New Britain RDad, as more fully set forth in the resolution."