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HomeMy WebLinkAboutMINUTEMAN HS AgreementVoted on 6118170 Minuteman Tech Revised on 11/20/73 2/20/79 10/7/80 Amendment #1 Amendment #2 Amend ment #3 Modifying Budget Year Admission of Now Term of Office of Towns Committee Members AGREEMENT WITH RESPECT TO THE ESTABLISHMENT OF A TECHNICAL AND VOCATIONAL REGIONAL SCHOOL DISTRICT This agreement is entered into pursuant to Chapter 71 of the General Laws of Massachusetts, as amended, among the towns of Acton, Arlington, Belmont, Boxborough, Carlisle, Concord, Lexington, Lincoln, Stow, Sudbury, Wayland, and Weston and, in accordance with the provisions of Section VIII, such of the Towns of Bolton, Dover, Lancaster, and Needham as shall accept its provisions, hereinafter sometimes referred to as member towns. (Amendment #2--2/20/79). In consideration of the mutual promises herein contained, it is hereby agreed as follows: (A) Composition The regional district school Committee, hereinafter sometimes referred to as the Committee, shall consist of one member from each member town. The members of the Committee shall be appointed as hereinafter provided. All members shall serve until their respective successors are appointed and qualified. (B) lnitial Commi the'.i6gional school district, the Within terr days after th,&.-establisl=ent of, moderafb 'of each member_ town s - hall:app'oin ont member to serve on the Committie, each of whom,-sh'all have' been., a member thd - regional school distria, Ianning hoardwhIch subinitt6dAhi's agr *ement if such person is availabld and willii g to 81 The twelve members so appointed shall serve on-the'Com,mittee until their' reipe ctive successors are appointed and qualified as provided in 1 (C). C 14 'On'cir b6bre April;l 1,9/2, the'bib&'fatoi-I wns of Acton, o e Arlifigt6fi -Boxb6iotigh avd'-Cttli 'hl' shall ,`becb`nle' 'iA--j ers of the I . . r "I Y , i - - Distikt pd-rit;ant t S44ion s' e ach ' * ; In' inhtll to serve on Grn= ihi the c for a ter"In of'6n,4 J` m ft'ffr-s of such tit the towns of Belmo it, Concord, Lincoln, and Sudbury as shall become members of the District pursuant to Section.'Ul shad each appoint one member to serve on the Committee for a term of two years; and the moderators of such of the o • towns of Lexinton, Stw, Wayland, and West o n as shall b ecome me m bers 0 X Irlr I it I I serve on the Committee for a term of three years. The moderator of each town that shall be admitted to the District pursuant to Section VIII of this Agreement shall, prior to the date on which admission takes effect, appoint one member to serve on the Committee beginning on such date for a term of three years, or for such shorter term, as may be necessary to retain symmetry of terms on the Committee as a whole. Prior to the date on which the admission of one or more new member towns is to become effective, the Committee shall determine (by lot, if there is more than one such town) the initial term of the member appointed by the moderator • each such town, unless such initial term is specified in this Agreement. In every year in which the term of office of a member expires, the moderators of the respective member towns shall each appoint one member to serve for a term of three years. The term of each member of the Committee shall commence on July 1 of the year in which he or she is appointed. Amendment #2--2/20/79 Amendment #3--10/7/80 (D) Vacancies If a vacancy occurs among the members appointed by the moderator under subsection l(B), the moderator of the town involved shall within thirty days after such vacancy occurs appoint a member to serve until his successor is appointed and qualified as provided in subsection l(C). If a vacancy occurs among the members appointed under subsection l(C), the moderator of the member town involved shall appoint a- member to serve for the balance of the unexpired term, if any. (E) OrVanization Annually, on a date specified in the shall organize and choose by ballot among its own membership. (F) Eower and Duti (G) Oii!2rum by-laws of the District, the Committee a chairman and a vice-chairman from The quorum for the transaction of business shall be a majority of the Committee, but a nu-mber less than the majority may adjourn. MM i IjL r MEM WME The regional district school shall be located within the geographical limits of the District and within a radius of 5 miles from the intersection of Route 2 and Bedford Road which intersection is in the town of Lincoln. MEN mW I (A) Classification of Costs 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) Capital Costs Capital costs shall include all expenses in the nature of capital outlay such as the cost of acquiring land, the cost of constructing, reconstructing, or adding to a school building or buildings, the cost of remodeling or making extraordinary repairs to a school building or buildings, the cost of constructing sewerage systems and sewerage treatment and disposal facilities or the cost of the purchase or use of such systems with a municipality, and any other item of capital outlay for which a regional school district may be authorized to borrow, including without limitation of the cost of original equipment and furnishings for such school buildings or additions, plans, architects' and consultants' fees, grading and other costs incidental to placing school buildings and additions, sewerage systems and sewerage treatment and disposal facilities, and any premises related to the foregoing in operating condition. Capital costs shall also include payment of principal of and interest on bonds, notes and other obligations issued by the District to finance capital costs. (C) Q12craling (712ats Operating costs shall include all costs not included in capital costs as defined in subsection IV (B), but including interest on temporary notes issued by the District in anticipation of revenue. M 11EM-1 Map I E (D) AvartiQnment of Cal2ij,11 Coats Capital costs shall be apportioned to the member towns annually for the ensuing fiscal year in the following manner. Each member town's share of capital costs for each fiscal year shall be determined by computing the ratio which the town's pupil enrollment in the regional district school on October I of the fiscal year next preceding the fiscal year for which the apportionment is determined bears to the total pupil enrollment from all the member towns on the said date, except that if there is an enrollment of less than five pupils from any member town in the regional district school on said date, such member town shall be deemed to have an enrollment of five pupils in the regional district school. For the purpose of this subsection, in computing this apportionment the "persons" referred to in subsection IV (F) shall not be included. Notwithstanding the foregoing, in the event that there is no enrollment in the regional district school from all the member towns on October I of any such year, capital costs shall be apportioned on the basis of enrollment in grades nine through twelve of pupils residing in each member town and receiving education at such town's expense on October 1 of such year. Capital costs represented by debt service shall be apportioned as a capital cost of the fiscal year in which the debt service falls due. (E) AT)T)ortionment of Operati All operating costs, except those described in subsection IV(F), for the first fiscal year next following the establishment of the regional school district, t and for every fiscal year thereafter, shall be apportioned to the member towns on the basis of each town's respective pupil enrollment in the regional district school. Each member town's share for each fiscal year shall be determined by computing the ratio which that member town's pupil enrollment in the regional district school on October 1 of the fiscal year next preceding the fiscal year for which the apportionment is determined bears to the total pupil enrollment in the regional school from all the member towns on the same date. In computing this apportionment the pupil hours referred to in subsection IV(F) shall be excluded. In the event that enrollment of pupils in the regional district school has not been accomplished by October 1 of any year, operating costs shall be apportioned on the basis of enrollment in grades nine through twelve of pupils residing in each member town and receiving education at such town's expense on October 1 of such year. (F —,qp il O r - i i nC -- W-i- 1103mbimon of pupil hours in such courses on November 1 of the fiscal year next preceding the fiscal year for which the apportionment is determined bears to the total enrollment of pupil hours in such courses from all the member towns on the same date. In the event that enrollment of pupil hours in such courses has not been accomplished by November I of any year, such operating costs shall be apportioned on the basis of enrollment in grades nine through twelve of pupils residing in each member town and receiving education at such towns expense on October 1 of such year. Each member town shall pay to the District in each fiscal year its proportionate share, certified as provided in subsection V(C) of the capital and operating costs. Except as otherwise provided in subsection V(A) or in Section XI, the annual share of each member town shall be paid in such amounts and at such times that at least the following percentages of such annual share shall be paid on or before the dates indicated, respectively: September 1 25% December 1 60% March 1 750 May 1 10 0 "VO (H) Apportionment of Costs to New Member Towns (A) Jnitial Budpet Within sixty days after the initial regional district school Committee is organized, it shall prepare a reasonably detailed operating and maintenance budget covering expenses, if any, for the balance of the then fiscal year. Copies of such proposed budget shall be submitted to the chairman of the finance or advisory committee in a member town, to the chairman of the board of selectmen, for its consideration. A budget shall be adopted not earlier than fourteen days but within twenty-one days after the proposed budget has been so submitted. The amount of the said budget shall be apportioned among the member towns according to the provisions of Section IV herein. The regional district treasurer shall certify to the treasurer of each member town its respective shares of said budget. The sums thus certified shall be payable by each member town to the regional district school committee but only from funds which may be or may have been appropriated by each member town for such purpose. (B) Tent2tive Operating and Mainjenano Budea& 7. Community service 8. Debt retirement and debt service 9. Programs with other districts and private schools (Amendment - #1 - - 11120173) MOOM W The Committee shall adopt an annual operating and maintenance budg for the ensuing fiscal year not later than forty-five days prior to the earlie date on which the business session of the annual town meeting of a member town is to be held, but in no event later than March 31, provid that said budget need not be adopted earlier than February 1. Said arm operating and maintenance budget shall include debt and interest charg and any other current capital costs as separate items, and the sai Committee shall apportion the amounts necessary to be raised in order meet the said budget in accordance with the provisions of Section IV. amounts so apportioned to each member town shall be certified by t district treasurer to the treasurer of such member town within thirty da from the dates on which the annual operating and maintenance budget adopted by the Committee, and each such town shall, at the next annu town meeting, appropriate the amounts so certified. (Amendment If the amount necessary to meet the annual operating and maintenance budget for a fiscal year in which the admission of one or more new member towns becomes or is to become effective, shall have been determined and apportioned without regard to the payments to be received from any such member town as its share of the capital and operating costs of the District, the Committee may reopen the budget, may redetermine the amounts necessary to meet the budget taking account of such payments, and may reapportion such amounts among the other member towns in accordance with the provisions of Section TV; provided, however, that the shares of such amounts reapportioned to the member towns (other than such new member towns) shall be less than the amounts previously apportioned to such towns. (Amendment #2 -- 2, School transportation shall be provided by the regional school district the cost thereof shall be apportioned to the member towns as an operating cost During the first fiscal year in which the admission pursuant to Section V111 of a new member town is effective, such town shall be responsible for providing school transportation for pupils from the town enrolled in the regional district school and for paying the costs of such transportation. (Amendment 42 -- 2'20/79) a- SECTION VU AIMENDAMNTS (B) Procedure I 35roureffluffiff w-FRIM ! 'Willa 11% -ago ago -ago xl IM 19 M WVWM The clerk of the town seeking to withdraw shall notify the Committee in writing that such town has voted to request the Committee to draw up an amendment to the agreement (enclosing a certified copy of such amendment). The selectmen of 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 amendment or the substance thereof. Such amendment shall take effect upon its acceptance by all of the member towns acceptance by each town to be by a majority vote at a town meeting as aforesaid. MTM M. r er Upon the effective date of withdrawal the terms of office of the member serving on the regional district school committee from the withdrawing town shall terminate and the total membership of the Committee shall be decreased accordingly. (D) Apportionment of -(.nit2l Coats aftQr Withdrawal • Except as may otherwise be provided by law, the fiscal year of the district shall be the same as the fiscal period of the member towns and the work year or fiscal year as it relates in this agreement to a fiscal or budget period shall mean the fiscal year of the District. If the fiscal year of the District shall be other than the calendar year, the dates on or before which the respective percentages of the annual share of each member town shall be paid as provided in subsection IV (G) shall be adjusted so that not less than 25% thereof shall be paid not later than the first day of the third month of such fiscal year, 60% shall be paid not later than the first day of the sixth month of such fiscal year, 75% shall be paid not later than the first day of the ninth month of such fiscal year and 100% shall be paid not later than the first day of the eleventh month of such fiscal year. This agreement shall be submitted for approval pursuant to the applicable provisions of Section 15 of chapter 71 of the General Laws to the towns of Acton, Arlington, Belmont, Boxborough, Carlisle, Concord, Lexington, Lincoln, Sudbury, Stow, Wayland and Weston. In the event that at least the towns of Arlington, Belmont, Concord and Lexington vote in the affirmative as provided in said Section 15 to establish a regional technical and vocational school district, composed of the towns of Arlington, Belmont, Concord, Lexington and such additional towns, if any, as so vote, shall be deemed to be established; otherwise this agreement shall be void and of no effect. NOTE ON ` E °E DATE OF AMENDMENT °ZlMENT NO. T MINUTE1 REGIO.NJU VOCATIONAL TECIE. SCHOOL DISTRICT Amendment No. 1 to Minuteman Regional Vocational Technical School District Agreement. Certificate of the Secretary I, the undersigned, hereby certify that I am the duly elected, qualified and acting Secretary of the Minuteman Regional Vocational Technical School District, Massachusetts, and that, as such, I keep and have custody of the records of the meetings of the Minuteman Regional Vocational Technical School District Committee. I further certify that, at a regular meeting of the said Committee duly callec! and held on Tuesday, November 20, 1973, attended by of the twelve (12) members of said Committee, constituting a quorum.- the following vote was adopted pursuant to Chapter 1025 of the Acts of 1973 by the vote of q members voting in the affirmative and 0 members voting in the negative: WHEREAS, the towns of Acton, Arlington, Belmont, Boxborough, Carlisle, Concord, Lexington, Lincoln, Stow, Sudbury, Wayland and Weston established a regional school district under the provisions of Chapter 71 of the General Laws Of Massachusetts, as amended, known as Minuteman Regional Vocational Technical School District, and for that purpose entered into an agreement entitled "Agreement With Respect to the Establishment of a Technical and Vocational Regional School District" (hereinafter called the "Agreement"); and 31 1 - 1 VOTED, pursuant to said Chapter 1025, to arena the Agrecrent as follows, viz.: Amend Section V, subsection (R) entitle6 Tentative nrerstin(r and Naintenance 3udaet and suhsection (C) wtitied Final OperatincT and naintenance Budget, by deleting said two spbsections in their entirety and substituting therefor the followina new suh- sections (B) and (Q: (B) Tentative Operating and Maintenance 2udget Thereafter, the Committee shall annually prepare a tentative operating and maintenance budget for the ensuing fiscal year, attaching thereto pro- vision for any installment of principal or interest to becore due in such fiscal year on any bonds or other evidence of indebtedness of the District and any other capital costs to be apportioned to the member towns. The said Com- mittee shall mail a copy to the chairman of the board of selectmen and the finance or advisory committee, if any, of each member town at least fifteen days prior to the date on which the final operating and maintenance b"dqet is adopted, itemized as follows or in such further detail as the Committee may deer advisable: 1. Administration 2. Instruction 3. Other school services 4. Operating and maintenance of plant 5. Fixed charges 6. Acquisition of fixed assets 7. Community services 0. Debt retirement and ieht service 9. Programs with other districts and private schools (C) Final Uperatinq and laintenance BuRact The Committee shall adopt an annual operatinc-, and Eaintenanca tip}' for the ens uinu fisca! year not later thnn forty-five An -n prior to the earliest date an which the husilqss ses2ion of tne annual town reetinn nf ant, meminr town is to he held, hut in nn event later than March 31, provided that said budact need not be adopted earlier than February 1. Said annual operating and mainte- nance budget shall include debt and interest charges and any other current capital costs as separate iters, and the said Committee shall apportion the amounts necessary to be raised in order to meet the said budget in accordance with, the provisions of Section IV. The amounts so apportioned to each member 'Cowrn shall be certified by the district treasurer to the treasurer of such merher torn within thirty days from the date on which the annual operating and maintenance budget is adopted by the Com- mittee, and each such town shall, at the next annual town meeting, appropriate the amounts so certified. FURTHER VOTED: This amendment shall take effect iolnediately. I further certify that the foregoing; vnte lias not beer amended or rescinded and remains in full force anf! effect. I iil_TNIE'SS my hand. and the seal oi ' ",F District this day of ()W& , 1973. ai u (DISTRICT SEAL) j. 4 , ::HPiST1NE M. CALLAHAN, CMC TOWN CLERK OFFICE ■ THE TOWN CLERK TOWN OF ARLINGTON MASSACHUSETTS TOWN HALL OFFICE HOURS 9 A.M. TO 5 P,M. CNOAY THQu FRIDAY TCLEPPIONr 643 ARTICLE 70. ADMISSION OF NEW MEMBERS TO MINUTEMAN REGIONAL VOCATIONAL TECHNICAL SCHOOL DISTRICT VOTED: (Unanimously) That the Town does hereby accept an amendment to the agreement establishing the Minuteman Regional Vocational Technical School District ("Minuteman") as proposed by vote of the Minuteman School Committee adopted on February 20, 1979; said amendment providing for the admission of new - member towns generally, and the towns of Bolton, Dover, Lancaster, and Needham specifically; said amendment further specifying (a) that any new member town will have one member of the School Committee appointed by the Moderator of the town for a three year term, or for a shorter initial term in order to retain the symmetry of terms on the Minuteman School Committee as a whole; (b) that for the first year of its membership a new town will contribute as its entire share of the operating costs and capital costs of Minuteman for such year an amount equal to what it would pay if the students from the new town were tuition students, and the new member town will also be responsible for all the trans- portation costs of those students. After its first year of membership a new town will pay its share of operating costs and capital costs apportioned in accordance with Section IV of the agreement, except that such new member town shall not pay any capital costs in accordance with Section IV on account of debt service on Minuteman's bonds dated March 1, 1973, and March 1, 1974, but in lieu thereof and as partial reimbursement to the members of Minuteman for their payments of capital costs on Minuteman's original school building, each new member town will pay to Minuteman for a period of ten years, commencing with the second year of the new town's membership and ending on the elevent. year of such membership, an annual surcharge of $400 per pupil enrolled on October Ist of the prior year; and (c) that the ef- fective date for the admission of a new member town will be lj ist following its acceptance of the amended Minuteman agreement and the acceptance by each of the existing member towns of the amendment admitting the new town; said amendment further providing for the admission of such of the Towns of Bolton, Dover L ancaster, and Needham as accept and for their admission not earlier than July 1, 1980, in accordance with the IMinuteman aureement amended as described above. t­ e c0p'y of the of under ,_-ticle -, b Of: -he WarrIant for the Annual Tow-1 Meetting of the 111' nr lvrn of Ariiton at the ad- 0 1 J r n (-- d 6 e s s io d ma 2 ATTEST: