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[McCook Daily Gazette]
McCook, Nebraska ~ Thursday, May 15, 2008
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Writing a check was the right thing to do


Saturday, February 17, 2007
The boss releases the brakes; I recheck the throttles wide open. Air speed 100, lift the nose, attain a positive rate of climb, retract the landing gear, yaw dampener on, climbing at 120 and within seconds visibility is zero in clouds. Our brains command us to pitch nose down but we disregard the sensation because training taught that forward acceleration confuses the balance system in our inner ear. We fly solely by reference to our instruments. At a safe 1,000 feet above the ground, the boss turns left to our outbound course of 175 degrees and we reduce power to the climb setting. Four minutes after brake release we pop out of wet gray clouds into brilliant sunshine; voila -- the world is beautiful all over again.

Mike and I have just performed an instrument takeoff in the company's beautiful twin-engine Cessna. An instrument departure is one of the most critical tasks we are challenged to perform. Everything is changing, we have only seconds to assess how well the engines are running, we have to feel and correct for the effects of the wind, the base of the clouds might not be what was forecast, a thousand little things can happen but the thrill of accomplishing a difficult task and doing it well has its own reward. 

Mere mortals who forever walk the earth cannot know the thrill of challenging the elements by flying through threatening clouds, then suddenly popping out into brilliant morning sunlight,  a clear blue sky, sitting on top of now puffy white clouds.  "Why yes, I fly airplanes, why do you ask?"

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After 12 years sitting on local government boards, I saw something unique happen at the meeting on Feb. 5. The Council approved payment of some $8,000 to citizens that had received property damage determined to be caused by the city.

The usual protocol, for persons who have been damaged by city personnel, broken water mains, holes in the street, a thousand things unplanned or unintended, is to make a formal claim at the Clerk's Office. The claim then goes before the City Council or county board which, rather than acting on it, refers the claim to that entity's insurance carrier. Most times the insurance company makes reasonable payment and the matter is disposed. If the claimant is still dissatisfied, usually because insurance refuses to pay, they can bring the matter back to the board. If the claimant is still dissatisfied, the matter can go to court for resolution. 

In my 12 years of service, I never saw the board recommend direct payment to aggrieved residents. Our council commendably did exactly that last Monday. In my experience our hired lawyer insisted that every request for payment be refused, "If the insurance company won't pay, we don't pay!" seemed to be the hard- hearted advice. Even when I rejected paid counsel's advice I could not get other board members to go along with my motion to pay.

Hopefully Rhonda, the present city attorney, has a more reasonable sense of right and wrong. It is great to see a council that can do what is right for citizens who received damage from an unintended mistake by a city work crew. Our guys made a mistake, two basements were flooded and the insurance people said "Tough, not our problem"! The council did the right thing in this case.

It would also seem appropriate that the next time the city negotiates insurance, it is understood that such damages are to be paid.

Rather than pay both damages and the premium, self-insurance may be a better way to go.

That is the way I see it.



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