Meeting of the Board of Regents | May 2009

SUMMARY

Issue for Decision (Consent Agenda)

              Should the Regents consent to allow the Amsterdam City School District to increase the indebtedness of the school district under the provisions of the State Constitution and the Local Finance Law?

Reason(s) for Consideration

              Required by Article 8, Section 4, Paragraph (h) of the State Constitution and by Local Finance Law section 104.00(c).      

Proposed Handling

              This petition for consent will come before the Board of Regents at the May 2009 meeting for discussion and action.

Procedural History

              The Board of Regents is required to give consent for such petitions prior to the petition being forwarded to the State Comptroller for final consideration.  The Regents EMSC Committee has discussed in the past similar requests from school districts to exceed their debt limit and is familiar with the guidelines and procedures for granting consent.     

Background Information

              The Department received a petition from the Board of Education of the Amsterdam City School District seeking consent of the Board of Regents to an increase in the indebtedness of the Amsterdam City School District.  The State Constitution requires that any increase in the constitutional limit on local indebtedness for a school district wholly or partly within a city of less than 125,000 inhabitants receive: (1) the approving vote of 60 percent or more of the duly qualified voters; (2) the consent of the Regents; and (3) the consent of the State Comptroller.  It appears from the records of the State Education Department that the School District lies within the City of Amsterdam.  The proposition submitted to the voters by the board of education of the Amsterdam City School District did not contain, as required by subdivision 2 of paragraph c of section 104.00 of the Local Finance Law, a statement to the effect that the obligations to be issued may be issued in excess of the constitutional debt limitation of the school district.  However, Chapter 307 of the Laws of 2008 deemed the required statement to have been included in the proposition and accordingly ratified, legalized, validated and confirmed the bond proposition, and authorized the board of education to apply to the Board of Regents and the State Comptroller for their consents.  The increase in indebtedness will be used to undertake capital improvements, to school buildings, and facilities throughout the district. Staff has reviewed the petition and supporting documentation and recommends that the requested consent be granted.

Recommendation

              VOTED:  That the Board of Regents hereby give consent to the issuance of bonds and/or bond anticipation notes by the Board of Education of the Amsterdam City School District in an amount not to exceed $61,235,300 for capital improvements consisting of additions to, and reconstruction of school buildings, and facilities throughout the district and the issuance of such bonds and/or bond anticipation notes in excess of the constitutional debt limit of said school district.

Timetable for Implementation

              Upon approval by the Board of Regents, the petition will be forwarded to the State Comptroller for final consideration.