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can we say to Mr. Balczun to come in and sign a release, and if <br />he doesn't, say that we will keep this in escrow for you until <br />this is resolved. <br />Attorney Vitunac advised that they discussed that at great <br />length last evening, and Attorney Polackwich thought that it <br />would be better just to go ahead and make it as easy as possible <br />and say "here's your money and go" and make the release a <br />separate item. Attorney Polackwich felt that tying the two <br />together would unnecessarily complicate things. We will give him <br />a separate check and release, and if.he doesn't sign the release, <br />he still can go to court. <br />Commissioner Bird felt that he doesn't have any incentive to <br />sign a release once he has his money. If we agree to do this, he <br />hoped the message that goes along to Mr. Balczun and his attorney <br />is that this is it and we will fight paying anything additional <br />he may claim we owe him. <br />Administrator Collins noted that he was having a hard time <br />taking off his legal hat, but felt that what we could do is to <br />send him the check for the 90 days payable into the attorney's <br />trust fund with the instructions to his attorney to pay it out to <br />his client at the time he signs the release of the County. In <br />the event that his client and his attorney determine that they do <br />not wish to release the County from any further liability and <br />they are going to choose to contest the amount owed, we would ask <br />that he hold that in trust pending the outcome of that court <br />hearing. Now whether the attorney will honor that, he did not <br />know, but he felt that is the best we can try for. <br />Attorney Vitunac noted that is consistent with what you are <br />asking, but Attorney Polackwich said to make it easy and send <br />them separate items and let them have the money in hopes they <br />would end it. <br />Chairman Scurlock understood that at the present time no <br />suit has been filed by anyone and there is just a threat of a <br />suit by a letter. <br />47 BOOK 73 r'.�G� 477 <br />AUG 16 1988 <br />