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November 29, 2012 (Special Meeting) Page 1317
<br />Koch: That's the way I read the statutes.
<br />Poole: That's why, I just want to say, because there are reasons in, any
<br />number of reasons why you might have coverage or choose not to have coverage
<br />based on the law, but the way I read this one is that even whatever coverage
<br />what the county has concerning our actions as commissioners, that will not
<br />supersede this particular - this type of an action. This specifically says
<br />"You're on your own." that, if I read, if I'm listening correctly.
<br />White: I apologize for not bringing this up earlier, but it just, I was at
<br />the Legislative Goals Committee meeting of the commissioners a couple of
<br />weeks ago and what was brought up by the register of deeds body - There were
<br />two gentlemen there, association, wanting the county commissioners to partner
<br />with them in addressing issues of what is called "paper terrorism ". And what
<br />is going on in eastern counties and some western counties is that there are
<br />individuals that get upset with either public officials, judicial officials,
<br />law enforcement and file liens against those people. And by the register of
<br />deeds, he, if it's on legitimate on its face they have post that and file it.
<br />Well, if I go to refinance my house and all of a sudden I get denied because
<br />of a someone has placed a lien on my home, then I potentially have damages.
<br />Poole: That goes back to having a litigious society, people will do things
<br />whether they should or not. So is there anything else, you mentioned that -
<br />I'm sorry -
<br />Dubois: Chairman Poole, the information from Penn National, was that verbal
<br />or in writing?
<br />Poole: Written. Contract law has to be - well, contract law will tell you
<br />things have to be in writing and, and if it's in writing then there's not a
<br />debate as to what, what was said. That's my personal point, unless you want
<br />to change it. Commissioner Burrage, you said that you needed more
<br />information that you couldn't vote today. What other information do you
<br />need? Or is this the information that you need?
<br />Burrage: Well, I that's the information I need, I also I just need to think
<br />about it. I think Ben will do a great job. I have no problem with him
<br />whatsoever, I want to vote for him, but there's some things here that I just
<br />don't - I don't want to make a sudden decision that will come back later to
<br />haunt me.
<br />Poole: Okay, understood. Commissioner Measmer.
<br />Measmer: I agree with all of the requests that have been mentioned, but I am
<br />very interested in seeing both applications side -by -side if that can be
<br />provided.
<br />Poole: Okay, so Ben, let me make sure - because you stepped out for a second
<br />- and I just want to make sure that we bring you back up to-
<br />Burrage: And also like Mr. Obama said "He won."
<br />Poole: I don't think anybody disagrees with that. I - and that is not the
<br />issue at all - the whole point of the issue is that if the first bond had
<br />been just approved, then we would have put it on consent and we would have
<br />gone on with it. When it wasn't, that's the reason why we had to make sure
<br />what the law says, that we were individually and jointly and severally
<br />covered. So the request is this: to - the addendum says - changes and takes
<br />off Cabarrus County, we want to make sure that Cabarrus County is
<br />specifically on the bond. We want the date, the expiration date to be the 5th
<br />of December. We want to make sure that, and the addendum is probably the
<br />best place would be my guess, that it references that any specific notices
<br />would be mailed to risk manager and then our specific address. The
<br />commissioners would like copies of both applications, so if you verbally
<br />provided information to your agent, if your agent would have sent something
<br />in to them to get it - somewhere there is a paper trail, we would like a copy
<br />of both applications to be able to compare both applications and we would
<br />request of you to request of Penn National, in writing, reason - for whatever
<br />reason that the Penn National denied the bond.
<br />Small: I haven't dealt with Penn National. I don't know how I'm going to
<br />make that request.
<br />Poole: Well, what we were told was that it - you, you made the request -
<br />they won' t give it to us and that you would have to request ( Sorry, I think
<br />you stepped out at the time) you would have to request of Penn National,
<br />which Tony can give you that, how to contact them. You would have to request
<br />of them to release that information. Is that, Tony, do you want say that -
<br />just if you could repeat that again. Make sure that we all hear.
<br />Harris: Yes, I can provide the information, the contact information, for
<br />Penn National - Mr. Small.
<br />Poole: And they will not release it to us-
<br />Harris: And they will not release the reason why the bond was denied.
<br />Poole: Why?
<br />Harris: Because it's a personal application, the personal information, the
<br />way the reporting system is as far as fair credit reporting, they would not
<br />release that information.
<br />Poole: That's the only thing I know of is that's the case. So we would need
<br />to give you the contact information for Penn National.
<br />Small: I have some concerns about that Madam Chairman; I think given the
<br />timeframe, I don't know that we would have that information available by
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