Connors: 60% Majority Not Required. Can Borrow $356M With Simple Majority


 WPCNR SCHOOL DAYS. By John F. Bailey. October 18, 2006: The School District Referendum result passes with a simple majority of 53%, according to Superintendent of Schools Timothy Connors in an interview with The CitizeNetReporter early this afternoon. According to Assistant Superintendent for Business, Fred Seiler, the district can borrow up to $356 Million before the 5% rule referred to in the New York State Constitution affects the amount the district wishes to borrow..


A source had alerted WPCNR to the statute (see early story), and WPCNR had asked Superintendent of Schools earlier today why the 60% majority did not apply.


Connors said today with Mr. Seiler in a conference call with WPCNR, “It’s really clear there’s a 5% rule on what you’re allowed to borrow, and we’re far below that. (The amount, $66.6 Million), we’re about one and a half percent. Because we’re below the dollar amount, we’re not required to have the super majority, we simply have to have a simple majority.”


The vote yesterday found 1,032 voting for the $69.6 Million Referendum, and 926 voting against, a margin of 53% to 47%.


Assistant Superintendent for Business Fred Seiler explains that school districts would be subject to a 60% super majority for approval if they wanted to borrow more than their debt limit:  “For city school districts, it (the debt limit) is restricted to 5%. If a district were to exceed their 5% debt limit, they would need to have a 60% plurality on their vote. In White Plains, we’ve just done the numbers for our district, the equalization of the full valuation of our property comes to a little more than $7 Billion dollars. So our 5% debt limit would be $356 Million.


When we take into account our current debt plus the proposed debt for this new project, we come to $108 Million. We’re well below the $356 Million that is permissible to us under that 5% debt limit.”


Connors told WPCNR, that though the district is able to borrow $356 Million, it was only goin to borrow “what we need and manage it well.”

The Board of Education is expected this evening to certify the results and authorize moving forward with the bond.

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Did School District Get Enough Votes to Pass the Referendum? Needs 60% Approval

WPCNR SCHOOL DAYS. By John F. Bailey. October 17, 2006: Pending clarification from the School District, the positive vote on the referendum Tuesday night may not be enough of a margin of victory to approve the $69.6 Million bond issue according to the New York State Constitution, as a jubilant Board of Education hoped, unless the School District perhaps got permission from the state for a straight yes-no count without a specified winning margin.



Is Referendum Vote Approved at 53%? Constitution Seems to say otherwise. Photo, New York State Constitution by WPCNR News.


WPCNR has learned this evening, that according to the New York State Constitution, in order to pass the referendum for $69.6 Million today, the School District apparently needed 60% of the voters casting ballots Tuesday to approve the issue.


At 1,032 Yes Votes to 926 No votes, at this hour, pending counting of affidavitt ballots tomorrow, the district has only a 53% to 47% margin failing the state 60% requirement. According to the Clerk to the Board of Education, Michele Schoenfeld, less than 100 affidavitt ballots remain to be counted. However, if there were 100 Affidavit ballots all in favor it would still not deliver the 60% margin.  (1,132 Yes Votes to 926 No votes, yields a 55% margin — 5 fiver percentage points short of what the constitution says is the required margin of approval.)


The paragraph in the New York State Constitution at http://www.dos.state.ny.us/info/pdfs/cons2004.pdf spelling out the margin requirements is on page 31, in Article VIII, Local Finances, Section 4 Paragraph H, and reads:


(h) any school district which is coterminous with, or partly within, or wholly within, a city having less than one hundred twenty-five thousand inhabitants according to the latest federal census, for education purposes, five per centum; provided, however that such limitation may be increased in relation to indebtedness for specified objects or purposes with (1) the approving vote of sixty per centum or more of the duly qualified voters of such school district voting on a proposition therefor submitted at a general or special election, (2) the consent of The Regents of the University of the State of New York and (3) the consent of the state comptroller. The legislature shall proscribe by law the qualifications for voting at any such election.


Pending a final canvas tomorrow, the yes votes may go up, and the point moot, reaching the magic 60%. The School District could not be reached at this hour to determine what this means to the tentative declaration of voter approval tonight. Votes were counted tonight on site by Board of Elections inspectors hired by the School District according to Ms. Schoenfeld.


Incidently, the paragraph also shows conclusively that  the referendum could have been legally held by the School District in the general election November 7.


 

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Bonding to take place in three waves: Seiler.

WPCNR SCHOOL DAYS. By John F. Bailey. October 17, 2006: In discussing the steps to take on the financing of the $66 Million dollars worth of bond issues to be floated to finance the $69.6 Million Capital Project approved by voters Tuesday, Fred Seiler, Assistant Superintendent for Business said the district would offer the first of free bond issues to the financial community next June:


Seiler said: “You have a process now where we begin to do a lot of the design work and prepare the documents that go to the State Department of Education for approval. Once they approve it, we begin to prepare to go out to bid. Once the bids come back, we need to begin to arrange for the financing to actually pay those contractors. We’re hopefully since we expect work to start next summer, we’ll probably be doing our bonding in June of 07 at the latest.”



The as the apparent, at this time approval of the referendum became at the time conclusive. Standing, left to right Superintendent Connors, Nicholas Andreadis, Triton Construction, Eric Kaeyer, Kaeyer Garment & Davidson, Amy Geiger, Michele Schoenfeld, Mike Lynch, Administrator of Facilities and Operations, Fred Seiler, Assistant Superintendent for Business.  Photo WPCNR News


Seiler confirmed that payment on the principle and debt service of the first wave of bonds would be in the next school budget, 2007-2008. “It would phase in over three years, because we’re looking to do three bondings for about 1/3 each of the full project there ($22 Million each, state aid and a $1 Million gift make up the rest of the $69.6 Million project cost).”


Asked how much principle and debt service on the bond would decrease for the tax payer beginning in the 2010-2011 budget year, Seiler said, “It’s a small amount each year. It’s a fairly flat. Think of it like a mortgage schedule.”


Eric Kaeyer, principal of Kaeyer, Garment and Davidson, the architects, asked what is next said,  “We start working with the district in terms of the plans.”


Asked what that would consist of, Kaeyer said:   “We go through the entire program. We’ll probably have a Building Committee, and we’ll meet with the users (schools affected), obviously the principals and the people who are going to be using that Post Road School, as well as the other facilities. We’re going to put together the schedule and we’ll start our work. We’re looking forward to it.”


Michael Lynch, Mr. Kaeyer and Nicholas Andreadis, the CEO of Triton Construction were already discussing possibilities of the two stadium constructions as the happy occasion broke up. Lynch said it was up to the architects and the construction manager, Andreakis how work would proceed on the stadiums.


Kaeyer said the Post Road School would take a year as far as design and approvals and “we should be looking at this time next year starting the construction process.”


Kaeyer said Kaeyer Garment & Davidson would sit down with the district and put together a plan on how the meetings with the schools involved, to receive their input on the design


 

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Connors Thanks Community for Their Vote.

 


WPCNR SCHOOL DAYS. By John F. Bailey. October 17, 2006: Superintendent of Schools Timothy Connors speaking after the approval White Plains voters gave his $69.6 Million referendum request tonight, said, “I appreciate the work of the Board of Education, and the voters coming out. It looks right now, it is as I had thought that it would be. We won. We’re going to verify that in the morning, and then move forward. I appreciate the people coming out to vote and I think it’s good news.”



Timothy Connors, Superintendent of Schools left, thanking the Board of Education and the community. Center is Nicolas Andreadis, of Triton Construction, and Eric Kaeyer, Principal of Kaeyer, Garment & Davidson, architects. Seated at right is Leah Rea of the Journal News. Photo, WPCNR News


Asked what the next step was in the process, Connors said the Board would verify the vote Wednesday evening, “and we’ll come together and determine our next steps with moving forward with the bonding and with our architects and moving forward with the state to get this project under way.”


Asked when construction would start on the stadiums (previously said to be the first step in the project), Connors said, “I think what we’ve got to do now is sit with the architects and the construction managers and get a timetable that we can put out there with certainty so people know for certain what’s going to happen, not only in terms of the infrastructure and the fields, but what the timetable will be for Mamaroneck Avenue and Post Road. We’ve got a lot of work to do and we’ll get started on that very shortly. We thank the people for coming out to vote and thank all those who worked hard to make sure we shared with the public the pros and cons with the project and we’re very pleased what we see right now.”


 

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