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November 29, 2012 (Special Meeting) Page 1316
<br />is that Cabarrus County needs to be specifically added because in the
<br />addendum it takes us off and the date needs to change, what else do
<br />Commissioners, do you specifically need to have information in order for us
<br />to move forward and make sure that this is all taken care of. I think that's
<br />our goal, we just want to make sure everything's taken care of. By the way,
<br />you're not writing a $10,000 check, I'll go on record, you can write a
<br />$50,000 dollar check. And I'll also say, that I honestly don't believe there
<br />is any reason to think that a check will be written, but I do know that we
<br />are in extremely litigious society and I'm not going to second guess however
<br />many thousands of people come in and out of this building and that office.
<br />People do things that they may or may not mean to do, so Commissioner White
<br />I'll go to you.
<br />White: Well the things that I'm, that I'm, I agree with the date; I agree
<br />with the county being included on the bond with the - to me - the
<br />specification that if there's any issues with the bond that it needs to be
<br />noticed to risk manager at our address. And then, I'm interested like
<br />Commissioner - or all of us have mentioned - the applications, to compare the
<br />applications between with Penn and with Western to see what's there and to
<br />see if there's any further information as to why the bond was denied by Penn.
<br />Burrage: You don't have the application to compare, do you?
<br />White: That's what I'm saying - if we - if an application had been made,
<br />then there's somebody that has taken down information as to what was given
<br />and that's what I want to know - is what was given. My - my homeowner- my
<br />car insurance I've done online, I've filled all the information out and I did
<br />an electronic signature so they've got it, got documentation for all of that.
<br />And I'm assuming, if I were to ask them, that they could provide that to me
<br />as to what my application had and what I said because if I were to say I've
<br />never been in a car accident and all of a sudden there it is, they find out
<br />that I've gotten into 15 car accidents, they can deny. That's all.
<br />Poole: You want a copy of both applications and you would request (I just
<br />want to make sure that my notes are right) and that you would request a
<br />response from Penn as to why that application was denied. Is that correct?
<br />White: Yes, if that will be provided to us.
<br />Poole: I just want to make sure I'm following along.
<br />White: Yes. And then did - I'm sorry - did you put down the county's
<br />notice, the notice is going to the risk manager.
<br />Poole: Yeah I have specific notice to risk manager at our address, the
<br />county address. Copy of both applications provided to the commissioners to
<br />compare. And to request of Penn - what's it called - Penn -
<br />Koch: Penn National.
<br />Poole: Penn National - request of Penn National for reason or reasons for
<br />denial or denial.
<br />Harris: Madam Commissioner, Jay, would you - Commissioner White - would you
<br />want that information, the problem is that we can't, Penn National can't
<br />release staff information directly to us. But you want that (inaudible) to
<br />Mr. Small.
<br />White: I would like that information. If for whatever reason Mr. Small says
<br />"No. ", then that's fine, that's - that's the answer "you're not getting it ".
<br />And then - that - I understand. I'm not - if he does not feel comfortable
<br />giving us any of the information, then that's his decision. I mean, that's
<br />what I would request to give me some comfort, but I don't see this as a
<br />$50,000 decision. Because it's not as though one deed of trust is filed one
<br />time in four years - you've got several deeds of trust done every day, and
<br />thousands over four years. It doesn't mean that every one of them was wrong,
<br />but it doesn't mean that every one of them was right, so to me this is a
<br />personal issue of hundreds of thousands of dollars and could be millions.
<br />Poole: Okay, so just to make sure my notes are right and that we're
<br />following each other that it would be a request that Mr. Small request of
<br />Penn National the reason or reasons for denial.
<br />White: Yes ma'am.
<br />Poole: Tony, is that where you are? Okay. Commissioner Carruth.
<br />Carruth: I think the majority seem to (inaudible).
<br />Poole: Just want to make sure, you're an insurance guy, if there is anything
<br />else you would add. Commissioner Burrage, I started all of this because of
<br />your comment, so now back to you.
<br />Burrage: It sounds to me like we need to be bonded.
<br />Poole: I don't personally handle any money, however Commissioner Carruth-
<br />Burrage: I don't want to be responsible for somebody else handling it
<br />either.
<br />Carruth: I want to add to what Commissioner Burrage since we are in risk
<br />management, there is a thing called "professional, elected officials
<br />coverage" that elected officials have.
<br />Burrage: So it don't matter?
<br />Carruth: We have claims, I'm sure there's claims all over the state, yes.
<br />Poole: Yes, but this one specifically - I just want to make sure that I
<br />understood correctly - this one specifically says that we are individually
<br />liable and that you, the county, that the county does not step into our
<br />shoes.
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