Avon Voters Blast Budgets Again (But It Might Not Matter): UPDATE

AVON, CT — Voters Monday, once again, easily trounced a proposed town/school spending plan for 2024-25.

But it might not matter.

That's because the Avon Town Council, citing a 22-year-old legal opinion, is prepared to simply adopt a budget package for the next fiscal and send out tax bills anyway.

It has scheduled a special council meeting for 7 p.m. Wednesday, July 10, at the Avon Volunteer Fire Department Co. No. 1 firehouse, 25 Darling Drive, Avon.

The meeting will also be in a hybrid format, with folks able to see the proceedings virtually.

Despite the electorate trouncing Avon's $115.5 million town/school budget at the polls Monday — 1,133 "no" votes to only 621 "yes" votes — the council will meet Wednesday to set a spending package and send out tax bills regardless.

According to Avon Town Manager Brandon Robertson Tuesday morning, local officials have sought legal counsel on whether this is allowed under Avon's charter.

The attorney, Robertson said, cited a 2002 legal opinion by the town's attorney at the time that states, essentially, Avon can adopt a budget after three failed tries.

The legal rulings back then also stated a mill rate could be set anytime, regardless of a budget's passage.

"While dated, the current town attorney has reviewed them, concurs with the conclusions, and recommends that they be followed," wrote Robertson to Patch Tuesday.

On June 10, 2002, the Hartford law firm of Murtha Cullina wrote to the Avon Board of Finance that the town could, in effect, end a budget war by unilaterally implementing a budget and mill rate.

It cited multiple Connecticut Superior Court rulings in the past and Avon's charter, which appears to leave that option open.

"We have concluded that if no budget is approved after three referenda, the town council may implement such spending and taxing plans for the new fiscal year as it deems appropriate, despite voter rejection of proposed budgets," wrote Murtha Cullina in 2002.

"That plan may, but is not required to, follow the most recently rejected budget."

A more finite budget procedure for multiple-vote budget wars would require a change to the Avon Town Charter, a process requiring a charter committee and a recommendation, town council scrutiny, and, ultimately, a decision by voters.

What will happen at Wednesday's meeting regarding the budget is not known.

The council has the option, according to the 2002 legal documents, of unilaterally adopting a budget or setting a temporary budget and implementing a mill rate.

Avon's budget battle has resulted in delays in getting tax bills out and new revenue into the town.

That could soon change.

"Following this meeting, tax bills can be prepared and printed. We expect that they will be sent out to property owners by the last week in July. Tax bills will be due and payable Aug. 1 with the last day to pay without penalty being Sept. 3," wrote the town after the referendum defeat Monday night.

An agenda for the special meeting will be posted on the Avon Town Council’s webpage www.avonct.gov/town-council before the meeting.

After twice shooting down $116.1 million budgets during prior votes, one in May and another in June, voters Monday shot down a $115.5 million town/school spending plan.

With the latest budget cuts, the spending plan was still $5.38 million larger than current spending, but the mill rate, according to the town, would have remained the same at 29.37.

Previous potential mill rates exceeded the 30-mill mark.

Despite a flat mill rate, however, some taxpayers will see tax increases due to their property values increasing, a byproduct of a recently completed revaluation.

That revaluation and the post-reval tax sticker shock, appear to be playing a role in voter concerns.

The Town of Avon has set up a web page that allows taxpayers to calculate their tax bill based on the proposed 2024-25 budget going to voters.

The Town of Avon had set up a web page that allows taxpayers to calculate their tax bill based on the proposed 2024-25 budget going to voters.

For all three budget referendums, voter turnout far exceeded the charter-mandated 9 percent threshold needed for a vote to be valid.

According to the charter, turnout that is less than 9 percent would lead to automatic adoption of the budget sent to voters.

Turnout Monday was 13.3 percent, while the vote in May was 12.4 percent in May and 18.6 percent in June.

For agenda and hybrid access log-in information regarding Wednesday's Avon Town Council meeting, click on this link.

For more information on all of Avon's 2024-25 town/school budget proposals, click on this link.

For more information on the tax bill situation for 2024, click on this link.

From July 5: 'Avon Voters To Decide Town/School Budgets For A Third Time'