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Resolutions Considered By the Franchise Oversight Board

2008
Resolution Number Meeting Date Resolution Summary
08-01 09/12/08 Authorized the Franchise Oversight Board Chair to be signatory on all documents necessary for consummation of NYRA’s Chapter 11 Plan and the definitive documents that comprise the franchise agreement to implement the terms thereof
08-02 10/17/08 Adopted By-Laws of Franchise Oversight Board
08-03 10/17/08 Authorized communication with appointing authorities for statutory local advisory boards to forward designees for appointment
08-04 10/17/08 Appointed George A. Westervelt to serve and function in the position of Secretary and Administrative Officer
2009
Resolution Number Meeting Date Resolution Summary
09-01 05/28/09 Found that NYRA’s Fiscal Year 2009 Operating Budget was presented in an acceptable format reflecting a reasonable revenue and expenditure plan; encouraged NYRA to carefully monitor revenues and expenditures; and requested NYRA provide quarterly updates of such operating budget
09-02 05/28/09 Approved the retention of UHY, LLP as NYRA's qualified independent certified public accountant for the 2008, 2009 and 2010 annual audits
09-03 05/28/09 Approved NYRA’s request to amend their capital expense plan to establish an expanded simulcasting facility to be known as the Brooklyn Waterworks at Aqueduct Racetrack
2010
Resolution Number Meeting Date Resolution Summary
10-01 02/10/10 Found that NYRA’s Fiscal Year 2009 Operating Budget was presented in an acceptable format that accurately portrayed projected revenues and expenditures; recommended immediate policies and processes to ensure projections and assumptions are regularly evaluated; and requested quarterly updates illustrating efforts to adjust the budget depending on revenues and costs
10-02 02/10/10 Approved retention of UHY, LLP as NYRA's qualified independent certified public accountant for the 2008, 2009 and 2010 annual audits
10-03 02/10/10 Approved NYRA’s Procurement Policy
10-04 02/10/10 Delegated authority to the Secretary and Administrative Office to negotiate with the State Office of General Services and NYRA regarding the issuance of building permits
2011
Resolution Number Meeting Date Resolution Summary
11-01 05/23/11 Approved certain Genting loan documents and authorized the Chair to execute same
11-02 06/20/11 Approved a First Amendment to Sublease Agreement and authorized the Chair to execute same
11-03 06/20/11
08/15/11
Authorizing an easement for the benefit of the Long Island Lighting Company installation of an electric conduit and authorized the Chair to execute same [withdrawn from consideration at 06/20/11 meeting; re-considered and approved at 08/15/11 meeting]
11-04 06/20/11 Approved a New York State Real Property Transfer Report and a New York City Real Property Transfer Tax Return and authorized the Chair to execute same
11-05 06/20/11 Found that NYRA’s Fiscal Year 2011 revised Operating Budget was presented in an acceptable format reflecting a reasonable revenue and expenditure plan; encouraged careful monitoring of revenues and expenditures; requested quarterly updates of such Operating Budget; required NYRA to submit its annual budgets for review and recommendations prior to submitting such to NYRA's Board of Directors for final approval; required NYRA annually submit a management and employee compensation plan to the Board for its statutorily required review; directed NYRA to develop and submit to the Board a comprehensive plan for growing racing-related revenues in the wake of the New York City Off Track Betting Corporation closure; and required submission of a revised and updated revenue projection prior to the Board's next scheduled meeting
11-06 08/15/11 Approved retention of UHY, LLP as NYRA's qualified independent certified public accountant for the 2011 annual audit; requested NYRA search for a new qualified independent auditor for future fiscal years
11-07 10/17/11 Authorized an easement for the benefit of the National Grid to install a gas heater and regulator station on lands of Aqueduct Racetrack and authorized the Chair to execute same
11-08 12/19/11 Appointed Steven M. Lowenstein to serve and function in the position of Secretary and Administrative Officer
2012
Resolution Number Meeting Date Resolution Summary
12-01 06/26/12 Delegated to the Secretary and Administrative Officer the ability to negotiate and enter into agreements among the Board, the State Office of Fire Prevention and Control and NYRA related to fire and life safety inspections, re-inspections, and other services to be performed by Fire Prevention and Control at the franchised racetracks
12-02 08/14/12 Approved the retention of KPMG as NYRA's qualified independent certified public accountant for a five-year period commencing with the 2012 financial statements
12-03 08/30/12 Authorized the Secretary and Administrative Officer to negotiate, execute and deliver a Memorandum of Understanding on behalf of the Board setting forth the rights and responsibilities of the Board and Empire State Development in connection with a Request for Proposals for the development of certain lands at Belmont Park
12-04 08/30/12 Approved the Request for Proposals prepared by Empire State Development for the development of certain lands at Belmont Park
12-05 08/30/12 Approved a Fifth Amendment to the Agreement between NYRA and United Tote Company to provide a 30-day extension
12-06 10/19/12 Approved a Sixth Amendment to the Agreement between NYRA and United Tote Company which provides an extension through the end of the 2013 Saratoga Meet
2013
Resolution Number Meeting Date Resolution Summary
13-01 04/22/13 Approved NYRA’s selection of AmTote as the provider of totalizator services for a 10-year period and conditionally approves NYRA’s request to extend its existing agreement with United Tote for the provision of totalizator services for a transition period not to exceed 12 months
13-02 06/12/13 Confirmed the Board had designated itself as lead agency for SEQR purposes regarding NYRA’s Saratoga Redevelopment Proposal; directed NYRA to prepare an Environmental Impact Statement in the event of a positive declaration; directed staff to circulate a draft scoping outline and publish notice of a scoping session and to otherwise allow for public comment; and authorized the Secretary and Administrative Officer to sign paperwork to carry out same
13-03 09/16/13 Approved a final Scoping Outline for the Draft Generic Environmental Impact Statement of proposed redevelopment at the Saratoga Race Course
13-04 09/16/13 Approved the transfer of jurisdiction of two defined strips of land at Belmont Park from the Board to jurisdiction of the N.Y.S. Department of Transportation
13-05 09/16/13 Approved certain documents necessary to implement a Genting New York, LLC refinancing and consolidate existing debt and authorized the Chair to execute same
2014
Resolution Number Meeting Date Resolution Summary
14-01 05/13/14 Issued a negative SEQR declaration for a new Belmont Dormitory intended to replace six previously closed residential cottages; and authorized the Secretary and Administrative Officer to sign paperwork necessary to carry out same
2015
Resolution Number Meeting Date Resolution Summary
15-01 04/27/15 Authorized an easement for the benefit of the Village of Floral Park to construct a recharge basin on Belmont Park land
15-02 04/27/15 Authorized the preparation, publication and dissemination of a Notice of Completion and Notice of Public Hearing for a Draft Generic Environmental Impact Statement governing Saratoga Race Course Redevelopment
2016
Resolution Number Meeting Date Resolution Summary
16-01 05/03/16 Authorized NYRA to make a capital contribution of up to two million dollars to fund NewCo Ventures North America, LLC, a Delaware Limited Liability Company established for the limited purpose of development and operation of an advanced deposit pari-mutuel wagering platform to accept wagers outside New York State
16-02 05/03/16 Approved a Final Letter of Resolution and authorized the Chair to execute same and circulate such to other signatory parties for execution
16-03 06/27/16 Approved certain documents necessary to implement a Genting New York, LLC refinancing of their 2013 mortgage limited to leasehold interest and authorized the Chair to execute same
16-04 08/16/16 Approved a Final Generic Environmental Impact Statement for Redevelopment at the Saratoga Race Course
16-05 10/25/16 Approved a SEQR Findings Statement for the Final Generic Environmental Impact Statement for Redevelopment at the Saratoga Race Course
16-06 10/25/16 Authorized an easement for the benefit of Public Service Electric and Gas Company Long Island on, over, under, across, through and along certain portions of land at Belmont Park to install underground electric feeder cables to replace existing cables
16-07 10/25/16 Authorized an easement for the benefit of Long Island Rail Road on, over, under, across, through and along certain portions of land at Belmont Park for the purposes of installation and maintenance of metering and switchgear equipment to provide secondary electrical services for the Bellaire Substation
16-08 10/25/16 Considered NYRA’s request to increase the procurement threshold for requiring competitive bidding from $50,000 to $100,000 [following public discussion, consideration was withdrawn at the request of members]
2017
Resolution Number Meeting Date Resolution Summary
17-01 01/10/17 Approved NYRA’s Fiscal Year 2017 Operating Budget
17-02 06/28/17 Approved Amendment One to the First Amended and Restated Facilities Ground Lease Agreement, subject to the completion of the SEQR process for the proposed action, and authorized the Chair to execute same
17-03 06/28/17 Approved certain documents necessary to implement a Genting New York, LLC refinancing of their 2016 mortgage limited to leasehold interest and authorized the Chair to execute same
17-04 06/28/17 Delegated authority to the Secretary and Administrative Office to negotiate and enter into agreements between the Board, the State Office of General Services and Genting related to permitting services by General Services for certain construction, demolition and other permitting services at Aqueduct
17-05 07/28/17 Approved a request to have Empire State Development issue a new Request For Proposals for the development of certain lands at Belmont Park and approved a Request For Proposals substantially in the form as considered
2018
Resolution Number Meeting Date Resolution Summary
18-01 04/30/18 Approved a capital expense plan for 2018
18-02 05/22/18 Approved amendments to NYRA’s Purchasing Policy and Procedures Manual to increase the threshold for discretionary purchasing to $199,999 and the threshold requiring competitive bidding to $200,000
2019
Resolution Number Meeting Date Resolution Summary
19-01 03/07/19 Approved a capital expense plan for 2019 and authorized Chairman to accept and approve requests for amendments to the 2019 capital expense plan and granted prior approved capital expense plans, upon notice to all Members, provided such amendments remain within the approved spending limits and are consistent with the general scope of the approved plans
19-02 08/14/19 Confirmed the designation New York Arena Partners, LLC as developer of the certain property at Belmont Park for the purposes of developing their Alternative Plan, as amended, consistent with the Request for Proposals for the Long-Term Lease of Property at Belmont Park issued on July 31, 2017
19-03 08/14/19 Approved an Amended and Restated Ground Lease for Belmont Park
19-04 08/14/19 Approved a Parking License Agreement between NYRA and New York Belmont Partners, LLC
19-05 08/14/19 Approved an easement for New York Arena Partners, LLC providing access on, over, under, across, through and along certain portions of land at Belmont Park
19-06 08/14/19 Approved the transfer of certain Belmont Park parcels to Empire State Development to facilitate the Belmont Park Redevelopment Civil and Land Use Improvement Project
19-07 10/29/19 Approved the construction of a daycare center on the grounds of Saratoga Race Course, consistent with the design plan presented
19-08 10/29/19 Approved the construction of the Marylou Whitney Backstretch Pavilion on the grounds of Saratoga Race Course, consistent with the design plan presented
2020
Resolution Number Meeting Date Resolution Summary
20-01 03/09/20 Approved a capital expense plan for 2020 and authorized Chairman to accept and approve requests for amendments to the 2020 capital expense plan and granted prior approved capital expense plans, upon notice to all Members, provided such amendments remain within the approved spending limits and are consistent with the general scope of the approved plans
20-02 03/09/20 Easement to Authorize the Use of Certain Portions of land at Saratoga Race Course for a Fire Station
20-03 03/09/20 Directing Saratoga Springs to use the Office of General Services to administer and enforce the New York State Uniform Fire Prevention and Building Code for Fire House Construction
20-04 08/18/20 Declares Board as SEQR Lead Agency for the conveyance of the easement to the City of Saratoga Springs and finding that the easement will result in no significant adverse impacts on the environment
20-05 08/18/20 Delegated authority to the Chair, or by the Chair to the Secretary and Administrative Officer, the power to execute documents or all other instruments necessary to further or effectuate Board-approved projects so long as prior notice is made to all members
2021
Resolution Number Meeting Date Resolution Summary
21-01 01/11/21 Approved a capital expense plan for 2021 and authorized Chairman to accept and approve requests for amendments to the 2021 capital expense plan and granted prior approved capital expense plans, upon notice to all Members, provided such amendments remain within the approved spending limits and are consistent with the general scope of the approved plans
21-02 06/16/21 Approved NYRA’s Capital Expense Plan for Calendar Year 2021, as amended to reflect inclusion of a Belmont retaining wall.
21-03 06/16/21 Approved Franchise Oversight Board Chairman to execute on behalf of the Franchise Oversight Board a Loan Attornment and Estoppel Certificate and any other documents necessary to clarify for the lenders the relationship between Genting and the Franchise Oversight Board.
21-04 06/16/21 Approved Franchise Oversight Board Chairman to execute on behalf of the Franchise Oversight Board a transfer jurisdiction for the strips of land on Hempstead Turnpike for traffic improvements from the Franchise Oversight Board to State Transportation consistent with the design plan presented.
21-05 06/16/21 Approved Franchise Oversight Board Chairman to execute on behalf of the Franchise Oversight Board documents necessary to grant the easement.
21-06 06/16/21 Approved construction of a Chaplaincy Building on the grounds of Belmont Park, consistent with the design plan presented.
2022
Resolution Number Meeting Date Resolution Summary
22-01 01/14/21 Approved a capital expense plan for 2022 and authorized Chairman to accept and approve requests for amendments to the 2022 capital expense plan and granted prior approved capital expense plans, upon notice to all Members, provided such amendments remain within the approved spending limits and are consistent with the general scope of the approved plans
22-02 01/14/21 Approved Franchise Oversight Board Chairman to execute on behalf of the Franchise Oversight Board documents necessary to grant an easement for a medical clinic at Saratoga.