HomeMy Public PortalAbout1968 Nauset Reg'l Charter Amendments PROPOSED AMENDMENTS
NAUSET REGIONAL SCHOOL DISTRICT AGREEMENT
The agreement for the establishment of the Eastham-Orleans-Wellfleet Regional School District,as heretofore
-- amended,is hereby further amended to read as follows:
Agreement for a regional school district for the Towns of Brewster,Eastham,Orleans,and Wellfleet,Massachusetts
(hereinafter sometimes referred to as the member towns),such district to be called"Nauset Regional School District".
SECTION 1. Membership of the Regional District School Committee.
a. Number of Members.The Regional District School Committee,hereinafter referred to as the Committee,shall
consist of nine members, three from the Town of Orleans and two from each of the other member towns.
b. Appointed Members.At any time between March 15th and March 31st of every year,commencing in 1969,
the local school committee of each member town shall appoint one member from its own number to serve on the
Committee for a term of one year commencing on the first day of April following his appointment.
c. Elected Members.At the annual town election in 1969,the town of Orleans shall elect one member for a
term of three years;at the annual town elections in 1970,the towns of Eastham and Wellfleet shall each elect one
member to serve for a term of three years and the town of Brewster shall elect one member to serve for a term of
two years:and at the annual town election in 1971, the town of Orleans shall elect one member to serve for a term
of three years,all such terms to commence on the first day of April following their election and to continue for the
terms for which thev are elected and thereafter until their successors are elected and qualified.Thereafter,at every
succeeding annual town election when a'"member town is required to elect a member, each such town shall elect
such member to serve on the Committee for a term of three years commencing on the first day of April following
such election.
d. Transitional Provisions.The following provisions shall apply until the first members are elected and appointed
under paragraphs(b) and(c) of this section: (i) the members vreviously elected and avvointed by the toiams of
.Eastham.Orleans and Wellfleet shall continue in office durine the terms for which thev were respectiveiv elected or
agvointed;and(ii) the school committee of the town of Brewster may appoint one member from its membership
to serve until his successor is appointed under paragraph fib) of this section and the board of Selectmen of that
town shall appoint one member to serve until his successor is elected under varagraph (c) of this section.
e. Holding Office-Vacancies.Each member shall hold office durine his term and thereafter until the appointment,
or election and auali£ication_of his successor-If a vacancy exists among the appointed members,the school com-
mittee of the town involved shall appoint a member from its own membership to fill the unexpired term.If a va-
cancy exis among the elected members, the selectmen of the member town involved shall appoint a member to
serve until the April 1 following the next annual town election, and at such election,a successor to serve for the
unexpired term,if any,shall be elected.
f. Officers of the Committee,,Annually upon the election or appoinment and qualification of its members,the
Committee shall organize and choose by ballot a chairman and a vice chairman from its own membership.At the
same meeting or at any other meeting the Committee shall appoint a treasurer and secretary who may be the same
person but who need not be members of the Committee,choose such other officers as it deems advisable, deter-
mine the terms of office of its officers(except the Chairman and Vice Chairman who shall be elected annually as
provided above) and prescribe the powers and duties of any of its officers, fix the time and place for its regular
meetings,and provide for the calling of special meetings.
SECTION II.Types of Regional District Schools.
The regional district schools shall consist of facilities to serve the needs of grades five through twelve.
The Committee is hereby authorized to establish and maintain state-aided vocational education,acting as
trustees therefor,in accordance with the provisions of Chapter 74 of the General Laws and Acts amendatory
thereto or dependent thereon;if the Committee deems it desirable.
SECTION III.Locations of Regional District Schools.
The regional district schools shall be located within the district and within a five mile radius from the intersec-
tion of Mid Cape Highway(Route 6) and Samoset Road(in Eastham).
SECTION IV.Apportionment and Payment of Costs Incurred by the District.
a. For the purpose of apportioning assessments levied by the district against the member towns,costs shall be
divided into two categories,capital costs and operating costs.
b. Ca ip tal costs shall include all expenses in the nature of capital outlay such as the cost of acquiring land,the
cost of constructing,reconstructing and adding to buildings,and the cost of remodeling or making extraordinary
repairs to a school building or buildings,including without limitation the cost of the original equipment and
furnishings for such buildings or additions,plans, architects or consultants fees,costs of sewerage treatment or --
disposal, grading and other items incidental to placing school buildings and additions and related premises in
operating condition and any other costs(whether or not so financedl which the district is nr may b4,aMthoriz0
by statute to finance by the issue of bonds.Capital costs shall also include payment of principal of and interest
on bonds or other obligations issued by the district to finance the f� or_�c�oing costs.Capital costs represent-„ed by
debt service shall be apportioned as capital costs of the year in which the debt service falls due,
c. Operating costs shall'include all costs not included in Wjtal costs as defined in Section IV(b) but includ-
ing interest on temporary notes issued by the district in anticipation of revenue.
d. bg inni%v with the cal,Pndar year 1969, payment..of all capitalcgsts.shall be apportioned among the member
towns on the basis of their respective enrollments in the regxpn district schools a`nfr Octnher], of the Preceding
year. (Brewster tuition paying yunils shall be included in determining October ]. 1968 enrojment).
e. Subject to gara,xaph (fl,below,operating expenses for 1969 and each calendar year thereafter shall be
apportioned to the member towns on the basis of their respective enrollments in the regional district schools on
October 1 of the preceding year. (_Brewster tuition paving pu.9ils shall be included in determining October 1. 1968
enrollment). .
f. If the district assumes jurisdiction over grades five througheieht of the town of Brewster and grades five
and six of the other mergper towns under Section XIII on a date prior to December 1 of any calendar year. gper-
a ,,nses for the portion of such calendar year beforeaurisdiction is assumed shall be apportioned to the
=mber towns on'the basis of their respective enrol)r=nts in the regional district schools bn October 1 Qf thg
pre edinp year and operating expenses for the remainder of such calendar year shall be app-Qrtioned to the mem-
ber towns on the basis of their respective enrollments in-grades five through twelve in the town and distriqt4chools
on October 1 of the preceding year.
g. Each member town shall pay its proportionate share of the capital costs and operating expenses to the re-
gional school district each year in four equal installments not later than the first days of April,June, September
and December.
SEC'T'ION V.Transportation.
Commencing as of Tanuary 1. 1970, tran§-p ortation of allpupils to and.from the rcgional district schools shall
be furnished by the regional school district and the cost thereof shall be apportioned ammgffi,member towns as
an cinerating,ex9ense, Until that date, the transportation to and from the ree.onal district scho of VVils re-
d&y in each member town shall continue to be the rekponsjbllity of the school committee ofsuch member town. —
SECTION VI.Admission of Additional Towns.
By an amendment of this agreement adopted under and in accordance with Section VIII below,any other town
or towns may be admitted to the regional school district upon adoption as herein provided of such amendment and
upon acceptance by the town or towns seeking admission of the agreement as so amended and also upon compli-
ance with such provisions of law as may be applicable and such terms as may be set forth in such amendment.
SECTION VII. Separation.
a. Any member town may petition to withdraw from the regional school district under terms stipulated in a
proposed amendment to the agreement provided(1) that the town seelang to withdraw shall remain liable for any
unpaid operating costs which have been certified by the district treasurer to the treasurer of the withdrawing town,
including the.full amount so certified for the year in which such withdrawal takes effect,and(Z) that said town
shall remain liable to the district for its share of the indebtedness, other than temporary indebtedness incurred in
anticipation'of'revenue, of the district outstanding at the time of such withdrawal,and for interest thereon,to the
same extent and in the same manner as though the town had not withdrawn from the district,except that i where
any portion of such liability is computed on the basis of pupil enrollemnt,such portion shall be assessed as if the
withdrawing town had the same pupil enrollment in each grade each year as it had on the October 1 preceding its
withdrawal,and(ii)such liability shall be reduced by any amount which such town has paid over at the time of
withdrawal and which has been applied to the payment of such indebtedness or interest,and(3) that the withdrawal
of the petitioning town shall not affect its obligation to pay in full its share of the amounts due under the pro-
visions of Sections IXA and IXB.
b. Said pedtioning�own shall cease to be a member town if the proposed amendment is approved by the
Committee and accepted by the petitioning town and each of the other member towns, acceptance by the peti-
tioning town and by the other member towns to be by majority vote at an annual or special town meeting.
c. Money received by the district from the withdrawing town for payment of funded indebtedness or interest
thereon shall be used for this purpose only,wid until so used shall be deposited in trust in the name of the dis-
trict with a bank or trust company having its principal office in Massachusetts having a combined capital and sur-
plus of not less than$5,0.00,000.
d. Upon the effective date of withdrawal the terms of office of all members serving on the Committee from the
withdrawing town shall terminate and the total membership of the Committee,as provided in Section la,shall be
decreased accordingly.
SECTION VIII.Amendments.
This agreement may be amended from time to time in the manner hereinafter provided,but no such amend-
ment shall be made which shall substantially impair the rights of the holders of any bonds or notes or other in-
debtedness of the district then outstanding,or the rights of the district to procure the means for payment thereof,
provided that nothing in this section shall prevent the admission of a new town or towns to the district and the
reapportionment accordingly of capital costs of the district represented by bonds or notes of the district then
outstanding and of interest thereon.A proposal for amendment may be initiated by a signed petition bearing the
signatures of 10 per cent of the registered voters of any one of the member towns or by a majority of all the mem-
bers of the regional district school committee.Any such proposal for amendment shall be presented to the secre-
tary of the Committee who shall mail or deliver a notice in writing to.the Board of Selectmen of each of the
member towns that a proposal to amend this agreement has been received and shall enclose a copy of such proposal
(without the signatures in the case of a proposal by petition).The selectmen in each member town shall include
in the warrant for the next annual or a special town meeting called for the purpose, an article stating the proposal
or the substance thereof. Such amendment shall take effect upon its acceptance by each member town,in the
manner hereinabove provided.
SECTION IX.A. Continuation of Payment for Orleans High School.
In 1959 the Orleans FEE School,valued at$240,000. was conveved to the district.Upon the admission of
Brewster to the district,the Orleans High School will in effect be owned 41%(about$98,400)by Orleans, 17%
(about $40,800)by Brewster and 2107o each (about $50,400)by Eastham and Wellfleet.As of September 1, 1968,
the towns of Eastham and Wellfleet had each paid$30,000 to the district which has been paid over to the town
of Orleans).The town of Brewster shall pay its 17%share and the towns of Eastham and Wellfleet shall each pay
the portion of its 21%share still due in 11 equal installments of$3.710 each in the case of Brewster and $1,855
each in the cases of Eastham and Wellfleet payable to the district on April 1, 1969 through 1979.
The amounts payable on April 1, 1969 shall be appropriated by the towns of Brewster,Eastham,and Well-
fleet at their 1969 annual town meeting or at a special town meeting called for the purpose.Thereafter and so
long as such payments are due,the Committee shall annually assess the towns of Brewster,Eastham and Well-
fleet therefor prior to the preceding December 31,and at their next annual town meetings the said towns shall
appropriate the amounts so assessed.The respective town treasurers shall pay to the regional school district
treasurer the amounts appropriated under the foregoing provisions and the said regional school district treasurer
shall thereupon pay the said amounts to the treasurer of the town of Orleans.
B.Payment for 1958 Addition.
In 1958, $1,600,000 3.10010 bonds of the district were issued to finance the addition to the district high school.
As of Aug. 1, 1969, $1,188,000 principal and interes0will hada been paid by the district, of which $925,310 (the
balance after creditingcertain grants from the Commonwealth) has been assessed 50%on Orleans and 25%each
m
on Easthaand Welleet.In order to reimburse such towns for the 175o' interest in the 1958 addition to the dis-
trict high school to be acquired by Brewster upon its admission to the district,;Brewster shall pay the district
$157,300 in forty equal installments of$319.32.50 each payable April 1, 1969 and each June 1,September 1,
December 1,and April I thereafter through December 1, 1978.
The amounts payable in 1969 shall be appropriated by the town of Brewster at its 1969 annual town meeting
or at a special town meeting called for the purpose.Thereafter and so long as such payments are due, the Com-
mittee shall annually assess the town_of Brewster therefor prior to.the preceding December 31,and at its next annual
town meeting the town shall appropriate the amount so assessed.The town treasurer shall pay to the regional
school district treasurer the amount appropriated under the foregoing provisions and the district treasurer shall
thereupon pay said amount 50%to the Treasurer of Orleans, 25% Eastham and the treasurer of Easthaand 25%to the
treasurer of Wellfleet.
SECTION X.Budget.
The Committee shall determine the amounts necessary to be raised to maintain and operate the regional school
during the ensuing calendar year,and the amount required for payment of debt and interest incurred by'the
District which will be due in said year,and shall prepare a tentative operating budget and submit copies to the
Finance or advisory Committee of each member town for its consideration on or before November 1st,or if
there is no Finance or Advisory Committee in a member town,to the chairman of the Board of Selectmen of
such town.The Committee shall adopt an annual maintenance and operating budget on or before December 1st
for the ensuing year.Said Committee shall apportion the same in accordance with the provisions of subsection
IV(d) and IV (e).The amount so apportioned for each town shall,prior to December 31st of each year,be
certified by the district treasurer to the treasurers of the member towns and each town shall appropriate the
amounts so certified,gxovided,however,that in 1969 only,the town of Brewster shall pav to the District with-
out anv assessment$102,492.34(which represents its proportionate share of 1969 capital costs and operating
expenses under this aereeipent)in four equal installments as provided by subsection IV(g)and said amount
shall be appropriated by the town of Brewster at its 1969 annual town meeting or at a special town meeting
called for the purpose,and provided,further,that the amounts previously assessed upon the remaining member
towns for 1969 capital costs and operating expenses shall be reduced as ollows:
Eastham from$194,949.86 to$189,402.83
Orleans from$346,213.73 to$334,151.28
Wellfleet from$180,857.86 to$174,019.00
SECTION XI.Tuition pupils.
The Committee may accept for enrollment in the regional district school pupils from towns other than the
member towns on a tuition basis and on such terms as it may determine.
Income received by the regional district school from tuition pupils shall be deducted from the total operating
costs in the next annual budget to be prepared after the receipt thereof,prior to the apportionment under Sec-
tion IV (e) to the member towns.
SECTION XII.Employment of'Teachers and Extension of Tenure.
All teachers in positions to be superseded by the enlargement of the regional district's iurisdiction shall be
given preferred consideration for similar positions in the regional district schools to the extent that such posi-
tions exist therein;and any such teacher who on the date of his contract of employment with the District is then
on tenure shall continue thereafter to serve on a tenure basis.
SECTION XIII.Jurisdiction of Pupils.
The regional school district shall assume immediate iurisdiction over all pupils in grades nine through twelve
of the town of Brewster except the eight(8) students p esently enrolled at Dennis-Yarmouth Regional High
School.Said students shall continue to attend such high school at the town of Brewster's expense until the town
relinquishes its jurisdiction over them to the district.At such time as the regional district school committee
elects,but if practicable prior to the December 1 preceding the date on which iurisdiction is to be assumed,it
shall mail by registered or certified mail to the local school committees of each member town written notice of
the date upon which the regional district school committee shall assume jurisdiction over the pupils in grades five
through eight of the town of Brewster and grades five and six of the other member towns,which date shall be
consistent with the availability of facilities in the regional district schools to accommodate such pupils.
(End of Agreement)
Initiated by Eastham-Orleans-Wellfleet Regional School District School Committee
By