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Meeting of the Board of Regents | July 2008

Wednesday, July 9, 2008 - 11:00pm

sed seal                                                                                                 

 

 

THE STATE EDUCATION DEPARTMENT / THE UNIVERSITY OF THE STATE OF NEW YORK / ALBANY, NY 12234

 

TO:

FROM:

Johanna Duncan-Poitier

SUBJECT:

Petition of the Fonda-Fultonville Central School District for Consent to Exceed the Constitutional Debt Limit

 

DATE:

July 9, 2008

STRATEGIC GOAL:

Goal 2

AUTHORIZATION(S):

 

 

SUMMARY

 

Issue for Action (Consent Agenda)

 

              Should the Regents consent to allow the Fonda-Fultonville Central 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 Regents the July 2008 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 Board of Regents 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 Fonda-Fultonville Central School District seeking consent of the Board of Regents to an increase in the School District's indebtedness [of the Fonda-Fultonville Central 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 partially within the City of Johnstown.  The documentation supporting the petition verifies that more than 60 percent of duly qualified voters approved the increases at the elections held on May 15, 2007.  The increase in indebtedness will be used to undertake the additions to and reconstruction of various district buildings.  Staff has reviewed the petition and supporting documentation and recommend 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 Fonda-Fultonville Central School District in an amount not to exceed $2,710,000 to undertake the reconstruction of various district buildings 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.