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MINUTES OF SPECIAL TOWN MEETING
OF THE TOWN OF AVON
HELD SEPTEMBER 21, 2009
A special town meeting of the electors and citizens qualified to vote in town meetings of the Town of Avon, Connecticut, was held at the Avon Senior Center, 635 West Avon Road, Avon, Connecticut, on Monday, September 21, 2009 at 7:30 p.m.
Mrs. Mary Harrop was chosen as Moderator of the meeting and Mrs. Ann L. Dearstyne acted as Clerk.
The Clerk read the notice for the meeting which was published in the Hartford Courant on September 10, 2009, and which is recorded in these records immediately preceding these minutes.
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Item 1.
Mr. John Carlson presented a motion which was seconded by Mr. Thomas Harrison to waive the reading of the resolution to be presented under item 1 of the Notice, copies having been made available to all those in attendance into the Meeting Minutes. The motion was approved by voice vote. That being the case he would move the following resolution be it resolved that the reading of the resolution being presented at this special Town Meeting as stated in the Notice be waived and that the full text of the resolution as made available to those in attendance at this meeting be incorporated into the minutes of the meeting.
Mr. John Carlson moved the resolution which was to be presented under this item, which resolution was seconded by Mr. David Pena. The Moderator stated that the meeting was open for consideration and discussion of the foregoing resolution.
The Moderator stated that Section 10.3.2. of the Town Charter requires that the appropriation be submitted to the voters at referendum and that it will be necessary to adjourn this meeting after a reasonable discussion.
The reports of the Board of Finance and Town Council were presented recommending an appropriation of $9,500,000 for Avon Free Public Library Renovations and Additions Project and the issue of bonds or notes and temporary notes in an amount not to exceed $8,000,000 to finance in part the appropriation. The report of the Planning and Zoning Commission was presented approving the proposed project.
The following comments were made:
Barbara Shuckra – 78 Deepwood Road – I have lived her for 34 years. But I think the older citizens who do not have access to the internet would appreciate if one short piece of paper sent out by the Town, so that they could see how you multiply .004325 times your assessment, this is what it will cost you. Because when you use those short numbers adding to a few dollars a year, you get to see that it is not going to cost me through revaluation $1,000, this is what it is going to cost, very little. It should be very simple language, not sharp, because people tend to throw it out.
Thomas Harrison – I think that is an excellent suggestion and I think we could do it probably a couple of ways. Using the announcements that the Library sends out, we could mention in there that information, and we could probably post it directly on the Avon web site as well. I do not know the mechanics of a mailing, or just how exactly that is done, but I think we should definitely follow up with what I believe is an excellent suggestion, just get that information out there and let people see for themselves what it really is. There was a newsletter, but I do not know if there will be a second one.
John Carlson – What we can do, if the bond counsel approved them of course, in the upcoming Newsletter we could put in that the assessed value times .004325 and the total, which would be pretty close to it.
Linda Merlin - 48 High Gate Drive – I would really like to support the Library project. I totally believe in the public library as much as I believe in public schools. I do have some concerns though, and hopefully you can answer some of my questions. The $62. a year, that does not factor in what the extra $250,000 a year added to the operating budget, would cost in addition. Is that correct?
Thomas Harrison – that is correct.
Linda Merlin – So there are adds, so obviously my concern is there are so many vital services in this Town and with the school budgets that we are cutting year after year. And adding $250,000 to the budget we know this Town does not have a strong stomach for huge tax increases. At what expense? I guess more than asking what is it going to cost me, I am less concerned with what it is going to cost me, but what it is going to cost the school or the Town budgets and how it is going to factor into the spring budgets. When we did the high school, there was talk at one point about the initial operating cost of $450,000 being factored into the next years budget. I remember discussion about that, because this is $250,000. With all of the things that we cut out, and all of the things that
we already have in Town, how do we add that amount to the budget on a yearly basis and where is it going to come from.
Thomas Harrison – I can answer part of that. First of all next years budget will not be affected, it will be factored into the next annual budget preparation along with everything else, and presented to the voters, and people will just have to make a decision what to spend their money on. We pave streets, this added to the Library – I cannot predict how people will do that, but it will go through that whole process in the spring, and people will just have to evaluate where they want to have their money spent.
John Carlson – It is not an easy process, it is what we go through each year, they vote either for or against the budget, and based upon that we make the necessary changes. If you go back and look at the reduced high school renovations, there was a number put in for the operating budget, but as you are saying whatever went in most recent budgets is probably less than was originally forecast is because we work on the budgets. Frankly this is a number that the Library Board and the Building Committee through very good details has come up with, and I cannot guarantee that the $250,000 is going to be in the next Town Council budget that they present to the Town, no I could not say that. What it comes down to is, what are our sets of priorities that the towns people at the time want to go into the budget.
Linda Merlin - Well, I know that for me, without being able to know now. See when I vote on the Library, I am not just voting on the sixty two dollars for the debt service, it has to do with projecting two years out and how that is going to impact the other budgets.
John Carlson – It is going to impact the schools and the other budgets.
Thomas Harrison - I would like to answer that. It is going to be a normal process, public hearings, letters the Board of Finance is going to present on the finances and investments, and if you do not like it, vote it down.
Florence Stahl – 2 Sunset Trail - I have similar concerns, and I am President of the Avon Taxpayers Association. The Avon Taxpayers Association is not opposed to expanding the existing Library. We are and always have been in favor of Avon improving its infrastructure. When we have objected in the past, it was because of the overall amount, even accepting that municipal construction routinely costs from 20% to 30% more than construction in the private sector. We further objected to odious and questionable precedent of holding a referendum and then coming back to taxpayers for more money. And of course we are always weary of the delayed sonic boom or budgeting for real operational costs, all this while adding to irreversible debt. To its credit the Town Council made it very
clear this time that it would approve a bond borrowing of no more than $8 million dollars. If the project somehow was going to cost more, then the project itself would have to be scaled back. And to its credit as well, the Board of Finance has presented a more comprehensive tax impact and debt history than ever before. It is funny though, that after experiencing 40 years of town meetings like this where charts already show steadily declining debt to practically zero, we never quite get there. We never quite get there because we all know that Avon’s robust expansion brought added commitments, adding borrowing, and added expenditures. But we also know that that growth has slowed, and with it the automatic increases to the grand list.
As a mature community future debt and future operating costs will fall on a limited number of homeowners and businesses. And Mrs. Merlin and I have the same concerns, we meet in this respect, we have already witnessed what the Town does when shrinking revenue collides with operating costs. The Library's additional operating costs will exceed $250,000 annually, not counting the debt payments. Where will we find that money? Other than the easy out of continually raising property taxes, my question is what plans, what meaningful addition is, what workable and innovative approaches to budgeting and spending will the Town institute to offset these and other expenditures. To be honest with you, this is in the minds of many voters, and this is where unequivocal support of a library referendum
might get hung up, with similar concerns. Thank you very much, wish you luck.
Mary Harrop - Moderator – thank you very much. Are there any other questions?
Diane Hornaday – I asked the members of the Committee if there was anything that I should bring to your attention, that I do not remember or perhaps did not appear that it was a good time for it. One of the things that the architects alluded to, that we also want you to be aware of is that there will be expenses at the Library because it is a 27 year old facility, and the mechanicals in it are also 27 years old. We are already spending money to make repairs and the rest of it. We want you to be aware that is included in what we are proposing to you is that all of that would be brought up to date as well. Also the Architect mentioned to you the open floor plan and the reason for that, the personnel recommendations would be the choice and they are the recommendations of the library professionals. But that is an operating budget matter as Tom Harrison and John Carlson mentioned to you, so that would have to be discussed on an annual basis and determined whether that is one of the
expenses that we would have. I think one of the pluses here for us is that it is somewhat more optional for the library than it would be for the schools because classroom teachers are a must. Certainly what the Librarians have proposed and what we had on presentation tonight is very much reduced from their original ideal, so that they now are talking about what they feel really would be most satisfactory for the community in terms of a well run library providing all of the programs that we as a community want and I think deserve to have. Thank you.
John Carlson - I would just add my thanks to the Building Committee, the Library Board, Friends of the Library, who have spent countless hours on this, and presentations and preparation. You have done a very nice job, thank you. I would also like to advertise the Capital Improvement Project meetings for next year’s budget. One will be on November 5th and another on November 16th in the Council Chambers at 7:00 p.m. If you would like to know what is going on we welcome you to join us on those two dates. Thank you very much.
After the close of discussion the Moderator stated that the resolution would be submitted to vote at referendum on Thursday, October 22, 2009, at the Avon Senior Center, 635 West Avon Road between the hours of 6:00 a.m. and 8:00 p.m., to which time and place this meeting would adjourn at its conclusion tonight; and that said resolution would be placed upon the voting machines under the following heading:
“SHALL THE TOWN OF AVON APPROPRIATE $9,500,000 FOR THE AVON FREE PUBLIC LIBRARY RENOVATIONS AND ADDITIONS PROJECT, AND PROVIDE THAT THE APPROPRIATION BE FUNDED IN PART FROM AN ESTIMATED $1,500,000 IN GRANTS AND DONATIONS AND THE BALANCE FROM THE PROCEEDS OF NOT TO EXCEED $8,000,000 IN BONDS OR NOTES?”
Voters approving said resolution will vote “Yes” and those opposing said resolution will vote “No”. Electors and persons qualified to vote in town meetings who are not electors will vote at the Avon Senior Center, 635 West Avon Road, Avon, Connecticut.
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The Town Meeting adjourned at 9:10 p.m. for referendum votes on the resolution under item 1 of the Notice.
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The referendum on the resolution presented under Item 1 was held at the Avon Senior Center, 635 West Avon Road on Monday, September 21, 2009, between the hours of 6:00 a.m. and 8:00 p.m. and the Moderator announced that the question had been approved by the following vote, including votes cast by absentee ballot:
Number of “Yes” votes ________________________
Number of “No” votes ________________________
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Town Clerk
Attachment: Bond Resolution
RESOLUTION APPROPRIATING $9,500,000 FOR THE AVON FREE PUBLIC LIBRARY RENOVATIONS AND ADDITIONS PROJECT, AND PROVIDING THAT THE APPROPRIATION BE FUNDED IN PART FROM AN ESTIMATED $1,500,000 IN GRANTS AND DONATIONS AND THE BALANCE FROM THE PROCEEDS OF NOT TO EXCEED $8,000,000 IN BONDS OR NOTES
RESOLVED,
(a) That the Town of Avon appropriate NINE MILLION FIVE HUNDRED THOUSAND DOLLARS ($9,500,000), to be funded in part from an estimated $1,500,000 grants and donations and the balance from not to exceed $8,000,000 borrowings as authorized below, for costs related to the renovations and additions to the Avon Free Public Library at 281 Country Club Road in Avon, and related improvements and appurtenances. The project is contemplated to include building additions of approximately 22,000 square feet, renovations to the existing building, furniture, shelving, circulation, children’s and reference desk additions and improvements, telephone system improvements, security system improvements, technology improvements, a self checkout system, site improvements and other related
work, substantially in accordance with the preliminary schematic drawings prepared by Tuthill and Wells Architects, L.L.C., dated August 16, 2008 and entitled “Additions and Alterations – Avon Free Library”. The appropriation may be spent for design and construction costs, equipment, furnishings, materials, site improvements, moving and relocation costs, architects’ fees, engineering and other consultant fees, legal fees, net interest on borrowings and other financing costs, and other expenses related to the project or its financing. The Town anticipates receiving grants in the amount of $1,000,000 from the Connecticut State Library Board and donations to be raised by the Board of Directors of the Avon Free Public Library in the estimated amount of $500,000 to defray in part the appropriation for the project. Should there be a shortfall in the contemplated $1,500,000 aggregate amount of grants and donations received by the Town to fund in
part the appropriation, the scope and particulars of the project may be reduced or modified in any manner necessary or desirable to reflect such shortfall and to ensure that the amount of borrowing issued to fund the appropriation does not exceed the $8,000,000 amount authorized therefor.
(b) That the Town issue bonds or notes and temporary notes in an amount not to exceed EIGHT MILLION DOLLARS ($8,000,000) to finance in part the appropriation for the project. The bonds or notes shall be issued pursuant to Section 7-369 of the General Statutes of Connecticut, Revision of 1958, as amended, and any other enabling acts. The bonds or notes shall be general obligations of the Town secured by the irrevocable pledge of the full faith and credit of the Town.
(c) That the Town issue and renew temporary notes from time to time in anticipation of the receipt of the proceeds from the sale of the bonds or notes and temporary notes for the project. The amount of the notes outstanding at any time shall not exceed EIGHT MILLION DOLLARS ($8,000,000). The notes shall be issued pursuant to Section 7-378 of the General Statutes of Connecticut, Revision of 1958, as amended. The notes shall be general obligations of the Town and shall be secured by the irrevocable pledge of the full faith and credit of the Town. The Town shall comply with the provisions of Section 7-378a of the General Statutes with respect to any notes that do not mature within the time permitted by said Section 7-378.
(d) That the Town Manager and the Treasurer of the Town shall sign any bonds or notes and temporary notes by their manual or facsimile signatures. The law firm of Day Pitney LLP is designated as bond counsel to approve the legality of the bonds or notes and temporary notes. The Treasurer shall keep a record of the bonds or notes and temporary notes. The Town Manager and the Treasurer are authorized to determine the amounts, dates, interest rates, maturities, redemption provisions, form and other details of the bonds or notes and temporary notes; to designate one or more banks or trust companies to be certifying bank, registrar, transfer agent and paying agent for the bonds or notes; to provide for the keeping of a record of the bonds or notes and temporary notes; to
designate a financial advisor to the Town in connection with the sale of the bonds or notes and temporary notes; to sell the bonds or notes and temporary notes at public or private sale; to deliver the bonds or notes and temporary notes; and to perform all other acts which are necessary or appropriate to issue the bonds or notes and temporary notes.
(e) That the Town hereby declares its official intent under Federal Income Tax Regulation Section 1.150-2 and, if applicable, pursuant to Section 54A(d) of the Internal Revenue Code of 1986, as amended, that project costs may be paid from temporary advances of available funds and that (except to the extent reimbursed from grant moneys or donations) the Town reasonably expects to reimburse any such advances from the proceeds of borrowings, which without limitation may include qualified tax credit bonds, in an aggregate principal amount not in excess of the amount of borrowing authorized above for the project. The Town Manager and the Treasurer are authorized to amend such declaration of official intent as they deem necessary or advisable and to bind the Town pursuant to
such representations and covenants as they deem necessary or advisable in order to maintain the continued exemption from federal income taxation of interest on the bonds or notes and temporary notes authorized by this resolution, if issued on a tax-exempt basis, including covenants to pay rebates of investment earnings to the United States in future years.
(f) That the Town Manager and the Treasurer are authorized to make representations and enter into written agreements for the benefit of holders of the bonds or notes and temporary notes to provide secondary market disclosure information, which agreements may include such terms as they deem advisable or appropriate in order to comply with applicable laws or rules pertaining to the sale or purchase of such bonds or notes and temporary notes.
(g) That the Board of Finance may approve transfers from the Town’s unappropriated General Fund Resources for the purpose of temporary cash flow needs prior to the sale of the bonds or notes and temporary notes, provided the transfers do not exceed eighty percent (80%) of such unappropriated balance and provided that all such transfers are repaid before the end of the fiscal year.
(h) That the Library Renovations & Additions Building Committee established for the project is authorized: (i) to determine the particulars of the project, and, with the approval of the Town Council, to reduce or modify the scope of the project and expend the appropriation on the project as so reduced or modified; (ii) with the approval of the Town Council, to approve design and construction expenditures for the project; (iii) with the approval of the Town Council, to contract with architects, engineers, contractors and others in the name and on behalf of the Town to complete the project; and (iv) to exercise such other powers as are necessary or appropriate to complete the project. Committee members shall not receive any compensation for their services.
Necessary expenses of the Committee shall be included in the cost of the project. The records of the Committee shall be filed with the Town Clerk and open to public inspection during normal business hours. Upon completion of the project, the Committee shall make a complete report and accounting to the Town Council.
(i) That the Town Manager, the Library Renovations & Additions Building Committee, and other proper officers and officials of the Town are authorized to take such actions as are necessary or desirable to apply for and accept grants or donations for the project, including without limitation the filing of applications with the Connecticut State Library Board, the execution of grant agreements for the project, and the filing of such documents as may be required by the Connecticut State Library Board to obtain grants for the costs of financing the project.
(j) That the Town Manager, the Treasurer, the Library Renovations & Additions Building Committee and other proper officers and officials of the Town are authorized to take any other action and execute any documents which are necessary or desirable to enable the Town to complete said project and to issue bonds or notes and obtain grants and donations to defray the aforesaid appropriation.
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