DanvilleDelivery.com

At each of the last two meetings of the Danville Board of Selectmen, the delegate session has featured a resident who has lost their home to the tax collector for taxes owed. I don’t know the curcumstances of their tax delinquency. I’m more concerned with the way each was treated by the Board of Selectmen.

Diane Leonard was the first to appear before the board (6/1/09@15 minutes). Diane has a history of tax problems dating back to 1995. She told the BoS that health and financial problems were responsible for her delinquency and asked only that the 15% penalty be waived. The BoS was completely uninterested with one member telling her he did not want to hear about her personal problems. Bob Moore appeared not to hear at all as he pushed ahead with the scheduling of the auction.

Flash forward two weeks and the Peverleys are sitting across from the BoS. The Peverleys have had tax problems for thirty years. Bob Moore recuses himself as he has a 37 year relationship with the Peverleys. The Peverleys also want to have the 15% penalty waived. the Board is unsympathetic and the Peverleys leave unsatisfied. As the meeting adjourns, Bob Moore warns the board that the matter of waiving the tax penalties will be on the agenda of the next meeting.

Monday, the focus of the meeting is the the right of redemption policy. Here is the passage the BoS is trying to manipulate…

80:90 Definitions. –
I. For purposes of RSA 80:88 and 80:89, the phrase “”back taxes, interest, costs and penalty” shall include all of the following:
(a) All taxes assessed but unpaid as of the date of the tax deed, together with all taxes which would thereafter otherwise have been assessed against such property based on its valuation, but for its ownership by the municipality.
(b) All statutory interest actually accrued on all back taxes as of the date of the tax deed, together with all statutory interest which would otherwise thereafter have accrued on all taxes listed in subparagraph (a), but for the property’s ownership by the municipality.
(c) All allowable statutory fees charged for notice and recording in connection with the tax collection process.
(d) All legal costs incurred by the municipality in connection with the property, including those connected with the municipality’s sale or the former owner’s repurchase.
(e) All incidental and consequential costs as are reasonably incurred or estimated to be incurred by the municipality in connection with its ownership and disposition of the property, including but not limited to insurance, maintenance, repairs or improvements, and marketing expenses.
(f) An additional penalty equal in amount to 15 percent of the assessed value of the property as of the date of the tax deed, adjusted by the equalization ratio for the year of the assessment.
II. For purposes of RSA 80:88 and 80:89, “”former owner” shall mean any person in whom title to the property, or partial interest therein, was vested at the time of the tax deed, and shall include any heir, successor, or assign of any former owner, provided, however, that any person to whom a former owner has attempted to convey or assign any interest, lien, or expectancy in the property subsequent to the date of the tax deed shall not be deemed a former owner.
Source. 1998, 238:2, eff. June 25, 1998. 2007, 42:2, eff. July 20, 2007.

The law seems straight forward to me. They owe the penalty. Town counsel agrees. So do two of the selectmen. Bob kind of agrees too, except for the two pending cases. Except for these two delinquents, Bob expects the rest of us to pay the full penalty.

At 00:47:10 of tonight’s clip, Chris Giordano raises the issue of Bob Moore’s relationship with the Peverleys. There is a moment of silence for the death of the integrity of the Board of Selectmen, then business as usual.

My assessment of the performance of the Board of Selectmen on this matter is as follows…

• I think Chris and Shawn showed good judgement but no backbone
• I think Joe and Russ could have taken the month off
• I think Bob showed a lack of integrity that disqualifies him from public service

It’s too late for the BoS to consider the merit of the 15% penalty. At their next meeting, the BoS should pass a motion that no resident of Danville will be assessed the 15% penalty. Bob should resign, and the BoS should craft a warrant to reduce its membership to three. We would be better off with three selectmen with integrity, sound judgement, and backbone than the five we have now.

 

 Danville BOS Meeting 06/22/09: Play Now | Play in Popup | Download