The Edgecomb Board of Selectmen has received two inquires about an alleged double payment of impact fees.

In 2005, the Edgecomb Development, LLC paid $129,200 in impact fees for all future developments related to the Davis Island tax increment financing (TIF) zone. In 2007, the town billed Davis Island Housing Partners, also known as Community Housing of Maine, a $45,030.60 impact fee.

On Aug. 13, Selectman Jack Sarmanian received an informal request from land developer Anthony Casella about the impact fees. Casella, who purchased the Edgecomb Developent, LLC’s development rights, inquired about a refund.

Resident Jarryl Larson has several documents detailing the two land developers’ dealing with the town. She agrees with the assertion that the town improperly charged a second impact fee. However, she believes the Davis Island Housing Partners is entitled to the refund.

Larson isn’t associated with Davis Island Partners, but she spoke in its defense during the Aug. 17 selectmen’s meeting.

“I don’t represent them, but I’m speaking on their behalf,” Larson said.

The selectmen decided to delay any further discussion about the alleged overpayment until one party formally requested a refund.

“I’d really like to see a bill, first, before going any further,” said Selectman Mike Smith.

Even if either organization requests a refund, it may be too late. Planning Board chairman Jack French said the selectmen needed to consider two factors in these situations.

“One is that its been more than seven years. So the statute of limitations has expired. The other is standing. The town would need to determine which party has legal standing to request a refund if an overpayment was made.” 

Other business

In other action, Sarmanian agreed to contact the school department on Fire Chief Roy Potter’s behalf. Potter complained the fire and school departments have a communication problem. Potter said the latest example occurred this summer.

Potter said he’d made arrangements to witness the school’s removal of the sprinkler system to clean the water tank. According to Potter, the date was moved ahead without the school contacting him. Potter wanted to watch the project in his capacity as both fire chief and town health officer.

“I called to confirm and they said the work was already done,” Potter said. “It makes my job harder to do if I don’t have good communication with the school. The latest example is the sprinkler system. So I’m hoping the selectmen can do something.”

Potter also has concerns about the Water’s Edge banquet facility’s plans to use its upper deck. His records show the state fire marshal’s office previously ruled the upper deck as unsafe.

“I don’t want to be the one to stop a business in town, but the fire marshal hasn’t got back to me about any changes on the deck’s status,” Potter said.

French responded that the facility would need planning board approval to use the upper deck. He assured Potter that the state fire marshal and town’s code enforcement would be involved in any change in the deck’s future use.

The selectmen will consider potential candidates this month for the town’s Spirit of America award. Over 100 Maine communities in six counties recognize a local person, group or project for its community service. Last year, Edgecomb’s recipients were Bob and Carol Leone. The couple founded Teens to Trails to encourage teenagers to hike. Bob Leone is also the chairman of the Schmid Land Preserve Trust.

The deadline for submission is Aug. 31. The selectmen informed Bruce Flaherty, who attended the meeting on the foundation’s behalf, that a selection would be made at their next board meeting.

The selectmen will meet next at 6 p.m. on Monday, Aug. 31 in the municipal room.