Sent: Tuesday, June 08, 2004 6:54 PM
To: Jim Speich; 'Mark Zacchio'; Michael Monts; Steven McGuff; Harrison, Thomas F.; Thomas Gugliotti; William R
Hooper
On the subject of revenues: - May I respectfully request that the question of "statutory authority" be resolved
before constructing a revised budget? In my opinion, the issue is quite relevant not only in setting the mill rate for
2004-05 but also in avoiding possible challenges in the future.
If I may, I would like to restate the question into three separate but interrelated questions as follows:
1. Where does the Town derive its (statutory) authority to exclude certain items of revenue from the annual
budget? This question is in reference to the BOE Special Program Fund and the increase in Conveyance Fees.
2. When the Town ends up with a surplus of revenues at the end of the year, where does the Town derive its
authority to transfer unexpended cash balances into a surplus account? Neither the Town's Charter nor the
General Statutes (based on a layman's research and interpretation) contain any provision for the disposition of
surplus funds at the end of the year.
3. IF in fact (a big IF that depends on the answer to question #2) the Board of Finance (or the Town Council) has
no authority to transfer a surplus of revenues into a surplus account, where does the Town derive its authority to
withhold accumulated surplus funds from the calculation of the amount of the annual property tax levy?
As we discussed previously, I am looking forward to receiving the Town Attorney's opinion as soon as practicable.
Continued on Page 3
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