HomeMy WebLinkAboutResolution_47-98/99_09/09/1999 RESOLUTION NO. 47 -98/99
• A RESOLUTION OF THE VILLAGE COUNCIL OF THE
VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA,
APPROVING A PROPOSED ENCON - TEQUESTA CENTRAL
SEWER LITIGATION SETTLEMENT MEDIATION WITH
MEDIATION SERVICES TO BE PROVIDED BY THE FLORIDA
CONFLICT RESOLUTION CONSORTIUM AND AUTHORIZING
THE MAYOR TO EXECUTE THE AGREEMENT ON BEHALF OF
THE VILLAGE.
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL
OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY,
FLORIDA, AS FOLLOWS:
Section 1. The Proposed ENCON - Tequesta Central Sewer
Litigation Settlement Agreement, Attached Hereto as
Exhibit "A" and Incorporated by Reference as Part of
this Resolution is Hereby Approved and the Mayor of
the Village of Tequesta is Hereby Authorized to
Execute the Same on Behalf of the Village.
THE FOREGOING RESOLUTION WAS OFFERED by Councilmember
Schauer , who moved its adoption. The motion was
f seconded by Councilmember Dalack and upon being
put to a vote, the vote was as follows:
FOR ADOPTION AGAINST ADOPTION
Joseph N. Capretta
Basil E. Dalack
Carl C. Hansen
Ron T. Mackail
Elizabeth A. Schauer
The Mayor thereupon declared the Resolution duly
passed and adopted this 12 day of August, A.D., 1999.
MAYOR OF TEQUESTA ^
UZ • —)-ntu
Ron T. Mackai
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ATTEST:
Bann Manganie&lo
Village Clerk
MyDocuments \Resolutions \47 -98 -99
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FL. Conf l ict. Reso lut ion Fax:850 -644 -4968 Jul 16 1 99 1001 P.02/02
ENCON — TO"ta EXHIBIT " A "
e itr a ;r gation Oement Mediaa6n
• Purpose of the settlement mediation
The undersigned parties agree to participate, in a settlement mediation. The
Purpose of the meeting is to explore ways tq.Inihitnize the parties concerns
regarding the design, construction and fur of -, the proposed central sewer
project. This will not be a discussion of the central sewer praject should
be implemented. It is also undd"mtd"od- that pa�cipatfon in this mediation does not
imply that everyone agrees that Peentral 6"e ft is the best solution to the water
quality problems. If project conditio0s. can Wspecfied that adequately address
the concerns of the parties, inch�ding r °tp abate current and potential
lawsuits regarding this project, tie Rafies Will. U!ko k- a recommended
settlement proposal to their resp �c " cound s and boards for approval.
Participation
The settlement mediation VWN involve represer�atiwes and counsel of the City of
Tequesta. ENCQN, the Bermuda Tepaoe, - .piQie Tree Drive Concerned Citizens and
the Loxahachee River Political �Cb — E L F M. Tfie F�br — Conflict Resolution
Consortium will provide mediation services.
Nature of the mediated settleflrent
This mediated settlement meetinO will .be Wdaoe by a neutral(s who will assist
the parties in clarifying concerns; and c.oEtstraiiits, exploring options and seeking
agreement. The mediator(s) win 6t hear tes#gnorrk, review any evidence, make a
decision or make any r+ecommernct"ans. The .only results of the mediation are the
agreement or noAnagreement of the mss. 71 . 6 Ji not an arbitration.
This mediation stall be a closedi setent Vision and the parties agree that
all comments and notes from this meeting. s# en . tit be- admissible in subsequent
litigation as if it was acourt- ordered b*MNo6..-and 44.102(3) was controlling.
Further, the parties acknaowledae thattke Media") are bound by the Florida
Standards of Professional c:onduc for Cen�ed - MbdiatDm. The Parries agree that
no one may call the mediatwo) as a= witness .r supena" any records of the
mediators related to this mediation.
Cost of mediation
ENCON shall provide the facilities ftu� thg. robe. ; The .Florida Conflict Resolution
Consortium shall be compensated." at-a. i ot$1000 per day plus travel expenses
(probably 1 to 2 clays). The medietortcx ts-slian lim�spliY50= between the City of
Tequesta and ENCON. ,
Signatures of the Parties
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3-E>E9-E 'T:"RFfI-ISM I SS I 0" F2EQ0F2'=' 91E3E3E
AUG -09 -99 12:28 ID:5615756203 VILLAGE OF TEGUESTA
START TIME AUG -09 -99 12:27
• TELEPHONE NUMBER 96222e41
NAME(ID NUMBER) DESANTIS GASKILL et-al
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