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Chairman Eggert understood that Attorney Reynolds is saying <br />that he shouldn't necessarily be heard on it today because his <br />attorney is not here, but Attorney Reynolds pointed out that <br />whether Mr. Scurlock's attorney is here or not doesn't really <br />matter. We are not entering into a binding settlement with Don <br />Scurlock here today; we are simply taking a vote on a <br />recommendation of an offer of settlement. His recommendation is to <br />offer Mr. Scurlock the opportunity to walk away, and if he says no, <br />we have no settlement. Attorney Reynolds advised that before we go <br />a step further, we should excuse Commissioner Scurlock from the <br />Commission temporarily so he could speak to the Board as an <br />individual. <br />Chairman Eggert asked Commissioner Scurlock if he wanted to <br />appear before the Board as an individual now, and Commissioner <br />Scurlock answered affirmatively. <br />Chairman Eggert asked Commissioner Scurlock if he wanted to <br />call his attorney, and Mr. Scurlock replied that he did not because <br />he was not going to make it any more complicated than it has to be. <br />Commissioner Wheeler had a problem with us spending public <br />funds for mediation. He was getting the impression that the <br />information between Mr. Scurlock, Guettler and Prince being held as <br />secret or private has some bearing on what will occur or not based <br />on what we do as a Board. He wondered where we would draw the <br />line, because if their agreement is contingent on what we do here, <br />he didn't know how part of that can be kept private and part of it <br />made public. He asked for clarification. <br />Attorney Reynolds explained that the mediation was by court <br />order. Irrespective of how much specific time the individual <br />entity spends with the mediator, you have to have legal <br />representation there and authority to settle the case. We were a <br />small part because, as far as we were concerned, we were not going <br />to pay a dime on behalf of Indian River County to settle this case. <br />We do not see where Indian River County has done anything wrong. <br />14 <br />_I <br />