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1\Tovember 29, 2012 (Special Meeting) Page 1315
<br />Carruth: Okay. I still have - and I'm sorry - but I just still have one
<br />basic concern and that's and I know that Mr. Small called and talked on the
<br />phone, I guess to the local agent who then went to Western with your file to
<br />secure the bond. But that's the one person that we haven't talked about,
<br />because and I'm sure that's, (inaudible) I don't think we need to talk about
<br />that but I worked with insurance - of course I worked with insurance for the
<br />last 14 years - and worked with agents. And to not get too much into it, you
<br />know, I don't mean to say anything to cause harm to anybody but I can tell
<br />you that I know that sometimes agents call and "Hey, I need something done
<br />here, I've got a problem here, can you help me out ?" and "Thanks for taking
<br />care of it" and that's it. And I just want to make sure, cause, you know,
<br />when you apply for something there is usually a signed application saying,
<br />you know, this is - I'm applying to this because - you could easily get into
<br />a situation where (I'm not saying that is what happened) you could get into a
<br />situation where the bond company could say this was a alternate application.
<br />And it's this way because you signed it saying that this was the case. But
<br />if there is no written application, then there is never any, there's always
<br />going to be a well who- said -what. You know, and I'm not saying that that
<br />would happen, but I'm just saying that's the competence level with it we have
<br />but in fact in an underwriting file somewhere there is something that
<br />(inaudible) document, that says "I'm making this statement, this is what I'm
<br />disclosing as far as this application is concerned." And this is in a field
<br />where, which is clearly the most technical field, and I'm not questioning
<br />anything about your technical ability, but the ability in land records is
<br />that you know (inaudible). If every is not dotted and t crossed, I remember
<br />having to do affidavits cause whether it was Robert Carruth, Robert W.
<br />Carruth or Robert Walter Carruth, they put that in closing documents when
<br />they do the real estate transactions. So I'm thinking of that amount of
<br />detail is required for that then there's got to be somewhere one's saved. An
<br />underwriter had to make an decision, did he make a decision just because
<br />there was a phone call from an agent saying, "Here's what I've got. Here's
<br />the birth date, here's the thing, we write a quick check and if nothing pops
<br />up - good, he's approved." I wondered, you know, we do an underwriting
<br />process I guess that Penn does on the other folks has to be more detailed
<br />because if they looked at the same stuff I wouldn't think that they would
<br />come to one would accept and one would reject. That's what I'm just trying
<br />to figure out. Why would one reject and one accept, and if it accepted it
<br />wasn't like it was both of them was that one was rejected, one accepted, both
<br />of them based on a phone call. It was rejected on a written application but
<br />accepted on a phone call - the other one was. That's that's the only- that's
<br />the only question I got - the other stuff is stuff that can be, in my
<br />opinion, easily cleared up. But that's - that's the only thing still ... I would
<br />love to be able to know, you know, what was on the application with Penn
<br />versus what was on the application or what information was provided to
<br />Western for them to make that underwriting decision. That's where - I think
<br />- the rubber meets the road for all of us. (Inaudible) you know, what if
<br />time passes and something happens, is Western gonna say "We're not gonna pay
<br />that." and state law says you, as the commissioners should have asked those
<br />questions, should have received that evidence before you planned this. That
<br />is the level of confidence we have in Penn and that process and our own
<br />bonding that's the level of confidence we have and that comes to us saying
<br />that "We checked this out." and that we accept that, we accept that. This is
<br />a totally different situation. I'm not sure where the written chain of
<br />custody or chain of documents are that disclosed all the stuff that needs to
<br />be disclosed to the bonding company.
<br />Poole: Commissioner Burrage?
<br />Burrage: I - after all I've heard - I'm not neither for or against, but I
<br />can't sit here and vote for it tonight - without some more information.
<br />Poole: Okay let's do this, without just going down and polling everybody
<br />individually, to go off of what you just said. And I'll start; obviously
<br />it's been signed because we have three signed copies - so that took care of
<br />that. And please correct me if I'm wrong, when I read it, it does say the
<br />addendum removes Cabarrus County and adds North Carolina - so the request
<br />would be that Cabarrus County be included.
<br />White: I would agree with that -
<br />Poole: Hang on one second. And then just to make sure a technicality is
<br />covered I think the request and I would like a written request to them, faxed
<br />to them, something and written response that says that they won't change the
<br />date to December 5 And those were the, I think that I will acknowledge
<br />that along the way there has been misunderstanding which happens in any
<br />conversation, but I don't think that it was unreasonable to make sure that
<br />North Carolina and Cabarrus County are listed. I don't think it is
<br />unreasonable to change the date to December 5 I can't imagine why two days
<br />for them is a problem. Obviously, the originals need to be submitted, that
<br />is no problem. As far as signature goes, I could have - I would have met up
<br />with you, if you had asked but I don't think that's a problem because
<br />obviously it's signed. So, those are - I don't know what else - you
<br />mentioned you need more information. So at this time the things I would say
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