Town of Danville

Board of Selectmen

Non-Public

January 29, 2007

7:00 PM

Selectmen Present:  Russ Pouliot, Robert Moore, John Russo, Shawn O’Neil and Joe Luna.

Others Present: Chris Giordano, Carol Baird, Judy Jervis, Jason Holder and Sheila Johannesen of the Conservation Commission and Jill Fleming-Selectmen’s Clerk.

Selectman Moore moved and Selectman O’Neil seconded a motion to go into non-public session per RSA 91A:3 II ( c ).  The Board was polled;  Russ Pouliot-Y, Bob Moore-Y, John Russo-Y, Shawn O’Neil-Y and Joe Luna-Y.

Town of Danville/Philip Emilio land in question

Chris Giordano stated that the town forest had been surveyed and in the process a discrepancy regarding some missing acreage was discovered.  Mr. Philip Emilio of Map 1-50 is stating his parcel contains 149+/- acres but the Town maps and tax cards reflect 112+/- acres.

Carol Baird summarized the existing situation and presented the Board with back up information, which has already been sent to Doucet Survey, Inc.  The correspondence states “…in 1914 a Danville tax collector named John Heath made an error in the locus description and the book and page reference in a tax foreclosure deed that he issued to James Merrill of Haverhill, Mass.”  As a consequence the Town presently has a deed that has “color of title”.

The Board unanimously approved Chris Giordano and Carol Baird meeting with Town Council for legal opinion on how to proceed to clear up this discrepancy.

At 7:15 PM Selectman Moore moved and Selectman Russo seconded a motion to return to public session.  The motion passed unanimously.

Selectman Moore moved and Selectman O’Neil seconded a motion to seal the minutes of the non -public session.  The motion passed unanimously.

On 10/22/07 Selectman Moore moved and Selectman O’Neil seconded a motion to unseal the minutes of 1/29/07 non-public session.  The motion passed unanimously.

Respectfully submitted,

Jill S. Fleming

Selectmen’s Clerk