BC 2012 11 29 Special Meeting - Laserfiche WebLink

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November 29, 2012 (Special Meeting) Page 1309 first question to him was "Now, Mike, you realize that Chapter 161 requires that a bond to the State of North Carolina, but it would appear, specifically referring to Section 4 that the county commissioners, the board of county commissioners, actually sets the amount between $10,000 and $50,000." I made a request of Mike to look at any minutes or any action that the board had taken with regard to setting that particular sum, so that I would know how much to make application for in the bond. His response was, "It doesn't matter, just make it for 50,000 - oh, and by the way, don't bond the State of North Carolina, bond Cabarrus County." We had a lengthy discussion about that, I said, "Well, are you sure about that because the statute in 161 says that North Carolina -" "No, you need to bond Cabarrus County." I considered Mike Downs a friend for a long time, I didn't question his advice or his request, I said, "Okay, Mike, I'll do that." I made application to several bonding companies, to several insurance companies, was approved by all the companies for bond and in each instance I was asked the same question "Are you sure you want to bond Cabarrus County, you realize that the statute says `State of North Carolina'." "Yes, the county manager has asked me to bond Cabarrus County. I'm gonna honor his request." Now, when I got a call from Mr. Harris here last week pointing out the fact that the bond had been submitted to the Board of Commissioners and that he wasn't happy with the fact that Cabarrus County had been listed on the bond, I let him know that he should talk to Mike Downs. Mike Downs requested that bond in the name of Cabarrus County. Now Mr. Harris here also pointed out that the bond hadn't been signed. But you've gotta look at that statutes here, we've spent a lot time looking at Chapter 58. If you look at Chapter 58, I can only sign this bond in front of the chair of the Board of Commissioners or the clerk of superior court. So, I don't know why Mr. Harris - excuse me - or Mr. Koch would want to inform me that I need to sign the bond. Of course I have to sign the bond, but I've got to sign it in front of one of two people. So I could read the statute, you all have read the statute. I've signed it here today, I've had it witnessed here today. It's ready for you to sign, Ms. Poole, when and if you are ready to do so. Now in terms of Mr. Koch's point on the dating, the bond actually reflects an end date of Saturday, December 3, 2016. Now, the Board of Commissioners sets the hours of operation for the register of deeds office. That's Chapter 161 Section 8 and those hours are Monday to Friday 8:00 a.m. to 5:00 p.m. Now we can make a big deal about the fact that we want coverage through the weekend, but the fact of the matter is the register of deeds office isn't open on Saturday and Sunday. So we can split hairs over whether or not we have coverage on the weekend, but there's not going to be any business being conducted over the weekend. So I don't think that's really an issue. The other item I would point out along the lines of that argument by Mr. Koch is that if you look at Section 161 - Chapter 161 Section 2 - a new register of deeds, either myself or someone else will take office on the first Monday of December following that 2016 election anyway. So there's gonna be coverage under a new bond either way. And third, I would point out, as has been stated already, those bonds are renewed annually, so that issue can be resolved at the appropriate time when we get to 2015. So in 2012, that's not going to be an issue about whether or not we're off by two days in 2016. Now I think that a lot has been made about Section 58 -72 -60 and Mr. White's an attorney and I know that he's certainly concerned about liability, more so than probably anyone else, but I think we've - I think we've beat a dead horse here. Clearly, the penal sum is not an issue, either the amount of the bond because we've asked for the $50,000 maximum on the bond under Chapter 161 or as Mr. Koch pointed out, clearly, Western has been around a long time, they're a solvent company, they're approved by the North Carolina Department of Insurance - I don't think that's an issue for us. "Security ", you know, I know Professor Szypszak, I've taken his register of deeds school, it's a very nebulous term. Mr. Koch defines it very broadly as anything that might raise a concern for the board; I don't see that we really have any more concerns here. I've got a new bond here today, that is as the statute requires - Chapter 161 - made out to the State of North Carolina. In terms of notice for you, Mr. White, before anyone else asks questions - all you had to do was ask me the address is this address - 65 Church Street South. The notice will always be here to this building. That will never be an issue. As I explained to Mr. Harris, I'm not a stupid person, I'm - I'm a pretty smart guy. Made a 96 on that register of deeds exam, I'm a pretty smart guy. So I have a pretty good idea about what I'm doing here. And finally, with regard to the examination of the bonds Chapter 58- 72 -20, the way I read this statute is that we're just here to determine whether or not there is sufficient security and whether or not we have sufficient bond to cover any money or property. So I think we've done that, I think we've demonstrated that, I can provide a new bond today with the State of North Carolina - with the Cabarrus County address - I don't see any reason why this board would not approve this bond. I've done my best to accommodate Mr. Mike Downs, Mr. Tony Harris and everyone here - and to fulfill the duties under the statute.