SKOWHEGAN -- The Somerset County Budget Committee tabled a vote on the proposed 2009-10 county budget Wednesday night after disagreement over use of county surplus funds.

A public hearing and probable vote by committee members on the $3.8 million spending package has been rescheduled for 6:30 p.m. July 20, County Administrator Robin Weeks said Thursday.

Beginning with this year's budget, spending to operate the jail and the debt service on the new correctional facility in East Madison are separated from the regular county budget and no longer are under the control of the county Budget Committee, Weeks said.

The jail now falls under the jurisdiction of the state Board of Corrections.

Jail spending for the coming year is set at about $5.3 million, with another $1.5 million to pay down the jail debt.

The county operating budget remains under the control of the Budget Committee.

Former County Commissioner and current Budget Committee member Philip Roy of Fairfield said he wants to use $250,000 to $300,000 of the county surplus funds to reduce the tax burden this year.

Weeks said her office will get a legal opinion on the matter, but she said Roy's idea is not allowed by state law.

"The surplus funds have to used for the jail, for jail purposes, and not to offset taxes," Weeks said. "The law says it has to be used to create a capital reserve out of the surplus funds and the rest has to be retained as working capital."

She said Roy is incorrect to say the money can be used to reduce taxes.

Roy disagrees.

"The Budget Committee decided to table to allow the county commissioners to rethink what they've done on their revenues," Roy said Thursday. "They have an opportunity to possibly add more revenues to offset the taxes.

"They have a surplus in the jail budget."

He said Public Law 653, which the county is using to support its opinion, does not limit the commissioners from using the surplus until this coming September.

Roy said he helped write the law itself.

He said there is about $700,000 in surplus from the operating budget and he would like to see some of that used to knock taxes down.

Weeks said she polled the three county commissioners Thursday to see if her office should get a legal opinion from the county lawyer, Lee Bragg. The answer was yes.

That opinion is not expected until next week.

Weeks said the $3.8 million spending package to be raised in taxes from the 34 communities in Somerset County is up about 10 percent, mainly due to a loss in jail revenues and from inmate boarding fees.

She said the increase in spending can be found in adding two dispatchers to the county communications center and to a revamping of technology services, which serves all county offices. A new technical services department was established last year.

Before the county combined its technical services, the various departments were on separate computer systems.