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December 19, 2012 (Recessed Meeting) Page 1366 <br />Koch: Madam Chair, may I comment about the - this is actually the same <br />conversation that I spoke about earlier, that I had with Mr. Lewis. I <br />expressed in my opinion when I heard what the content was of the original <br />application. I expressed my opinion, I certainly didn't make any <br />representations of what the board wanted, because the board hadn't directed <br />me to do anything and I couldn't speak for the board, and I think that was <br />quite clear. I was giving my own opinion that I thought that was too vague <br />and that it needed to be more specific. But I certainly didn't direct Mr. <br />Lewis in any specific way as to what - what was required to be in it that was <br />certainly up to - to ultimately, Mr. Small, to decide that. I just expressed <br />an opinion, but I didn't make any representation on behalf of the board, I <br />had no authority to do so and I don't think there was any misunderstanding <br />about that. I think Mr. Downs was present. That was that meeting that <br />occurred here - over in the courthouse. <br />Burrage: We keep wanting to know why - what was it - Penn National turned <br />down the application and that's the county's bonding company? Is that Penn <br />National? <br />Koch: Yes, sir. That's who we've been using. <br />Burrage: They've already said they won't give out that information, <br />directly. They won't give out the information of why they turned the bond <br />down. <br />White: That's not what we were told, that they would not give out the <br />information to us - they would give it out to the applicant. <br />Burrage: I thought that they wouldn't send it to him. <br />(Multiple people speaking.) <br />Small: Then why, Mr. White, did Mr. Harris send me an e -mail specifically <br />saying that they wouldn't give it out to anyone, especially including the <br />applicant. <br />White: Mr. Harris would you clear this up, please? <br />Harris: Yes. Mr. White, on November the 30 I sent Mr. Small an e -mail. I <br />informed him that the insurance agent informed me that Penn's underwriter <br />couldn't speak directly with the individual applicants. Further <br />correspondence with Penn National should be directed to Penn National and I <br />provided the address as well as a phone number. <br />White: (Inaudible) you gave an address to send out a letter or mail. <br />Harris: Yes. <br />Small: After he stated that the insurance company wouldn't speak to the <br />applicant. I don't know how that could be any more clear, Mr. White. <br />Harris: I said, Penn's underwriter. <br />White: Penn's underwriter, Mr. Small. You can't parse out what you want to <br />hear and what you don't want to hear - <br />Small: That goes both ways, Mr. White. <br />White: Okay. <br />Small: He didn't communicate that information to you, he communicated it to <br />me. <br />White: Okay. <br />Poole: One thing that I would say on that was that I think it was very clear <br />that we have no idea on the first one why it was denied and we requested that <br />you make the effort to find out why. And when you came you said that you made <br />a phone call that day. If it were me, I would want to know why. Cause it <br />might be something very simple - that is very easily taken care of. So, I'm <br />just saying on a personal - I'm not speaking for you - I'm just saying on a <br />personal nature I would like to know why, because that could have been <br />cleared up. I would think that if it was something minor it could have <br />easily been cleared up and taken care of. That was why we would request it <br />and we did request that you get that information. <br />Small: Well, Madam Chairman, that information would not have been able to <br />have been gathered between 5:00 p.m. Friday, November 30 and what time did we <br />reconvene on Monday, December the 3r - 3:00 p.m.? A telephone attempt was <br />all that was available. I don't- <br />Poole: I just pointed out that we did - I just want to make it clear that, <br />that - that there was no vagueness in that request. <br />Small: And, and your request was honored Madam Chairman. <br />Poole: Any other comments, questions from the commissioners? <br />Measmer: There is, there is two components of you holding office of register <br />of deeds. And of course the first was accomplished of being elected and I <br />certainly understand that and I - I can't dispute that. The second component <br />is securing adequate bonding and in my opinion, I do not feel like that has <br />been accomplished. And you know, what really concerns me is each and every <br />one of us here are personally liable. And that - that takes it to a whole <br />different ball game. <br />Small: Mr. Measmer, you're also liable if you act in bad faith. You're <br />liable both ways. <br />Measmer: Well, the problem is, is us being personally liable - that takes it <br />to a whole different ball game. <br />Small: Well, again, you're personally liable if you act in bad faith, also. <br />Measmer: All right, it's very concerning, okay? <br />Small: Well you should be concerned. <br />