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December 3, 2012 (Recessed Meeting) <br />The Board of Commissioners for the County of Cabarrus <br />recessed meeting in the Multipurpose Room at the Cabarrus County <br />Center in Concord, North Carolina on Monday, December 3, 2012, <br />The meeting was recessed from November 29, 2012. <br />Present - Chairman: Elizabeth F. Poole <br />Vice Chairman: Larry M. Burrage <br />Commissioners: Robert W. Carruth <br />H. Jay White, Sr. <br />Christopher A. Measmer <br />Page 1320 <br />met for a <br />Governmental <br />at 3:00 p.m. <br />Also present were Mike Downs, County Manager; Richard M. Koch, County <br />Attorney; Jonathan Marshall, Deputy County Manager; Pam Dubois, Deputy County <br />Manager and Megan Smit, Clerk to the Board. <br />Call to Order <br />Chairman Poole called the meeting to order at 3:02 p.m. <br />Closed Session <br />UPON MOTION of Commissioner White, seconded by Commissioner Carruth and <br />unanimously carried, the board moved to go into closed session to discuss <br />personnel matter(s) and to consult with the county attorney as authorized by <br />NCGS 143- 318.11(a) (3) and (6) . Ben Small, Pam Dubois, and Tony Harris were <br />invited into the closed session. <br />UPON MOTION of Commissioner White, seconded by Commissioner Measmer and <br />unanimously carried, the board moved to come out of closed session. <br />Return to Open Session <br />Discuss and Consider Approval of the Bond of the Cabarrus County Register of <br />Deeds <br />Poole: We are back in open session. Ben, could you do me a favor and - I <br />didn't know where you went to. Can you pass your bond over, hand your bond to <br />Tony. Just as kind of a refresher for everybody, I know you know this but <br />just to make sure it's in the record I guess ... We met on Thursday and we had <br />four requests: One, was to make sure that Cabarrus County was specifically on <br />the bond; wanted to make sure the expiration date was the 5 th of December <br />2016; we wanted to make sure that we were notified here, the risk manager at <br />Cabarrus County was notified at our specific address; and we asked for copies <br />of both applications and we asked for Mr. Small to contact Penn Mutual for <br />the reason why his bond, by our bonding company had been denied. In closed <br />session, this part I can share, Mr. Small - do we actually need to state it <br />again? Or can I just recap? <br />Koch: Recap. <br />Poole: Okay, making sure I get right. Okay, Ben? <br />Small: Yes Ma'am. <br />Poole: That today Mr. Small did call our bonding company, the 800 number, <br />which asked for a extension or who you wanted to speak to and am I correct, <br />that you didn't know which extension to put in or who to speak to- <br />Small: Well, that is correct. I prefaced that comment by referring to Mr. <br />Harris' Friday email which says, I quote: "I was just advised by the <br />insurance agent that Penn's underwriter couldn't speak directly with <br />individual recipients." unquote. I'm sorry "applicants ", unquote. He did <br />provide a telephone number here, I did try that telephone number again just <br />as a precaution. There's no live person that you can speak to when you call <br />that number. <br />Poole: I just wanted to make sure we had that because that was one of the <br />things we had asked for. Then I asked when we came back in, Mr. Harris and <br />our attorney would like to look at the bond itself one more time. We had one <br />copy in closed session, you all know that we passed around, I think we are <br />all trying to get (inaudible) so they would like to look at it one more time. <br />At this time, I would ask for a - for any questions that you have of Mr. <br />Small or of our attorney, Commissioners? Any questions that you have that you <br />would like answered or expanded upon. I don't know who wants to go first. <br />White: I'll go first. Mr. Small, did - was Liberty Mutual notified <br />concerning your suspension by the Bar Association? <br />Small: I did not speak directly with Liberty Mutual; again, as I have stated <br />Mr. Cash who prepared this bond is here with us today. <br />White: Mr. Cash, do you mind bringing up your chair so we can - I can ask <br />you some questions, if you don't mind? And if your - if the microphone green <br />light's not on, if you'll just - <br />Small: It's on. <br />White: Mr. Cash, Mr. Small said that you helped him in securing the bond <br />with Liberty Mutual. <br />