HomeMy Public PortalAboutr 09:069�LZu uXit tou e Purvug4 of Tarteret,
No. 09 -69
Date of Adoption FebLUaLy 19, 2009
AUTHORIZING AND RATIFYING THE PROPOSED SETT LEMENT
AGREEMENT WITH RESPECT TO CLAIMS AGAINST THE PORT
AUTHORITY OF NEW YORK AND NEW JERSEY
WHEREAS, the Borough of Carteret and the Carteret Board of Education took various
aomeclive actions to remedy soil and related contamination auamund Private Nicholas
Minus Elementary School in FY2007 and FY2008; and
WHEREAS, the Borough of Carteret and the Carteret Board of Education separately
retained services of Bradley M. Campbell LLC (Campbell) m special counsel to pursue
recovery of costs for remedialion at/around Private Nicholas Minue Elementary School;
and
WHEREAS, Campbell commenced a civil action for damages in the Superior Court of
Middlesex County on or about June 3, 2008, against the Port Authority of New York and
New Jersey (Port Authority) to recover costs incailred by the Borough of Carteret and the
Carteret Board of Education ft re to the tpniamination attaround the Private
Nicholas Minue Elementary School{ and
WHEREAS, , the Borough of Carteret, the Carteret Board of Education and the Port
Authority of New York and New Jetsey have sought to resolve the disputed claims
without the burden and expense of additional litigation; and
WHEREAS, Campbell has presented the Borough with a proposed settlement agreement
dated February 9, 2009 Blia Agreement) resolving the claims at issue in the
matter; and
WHEREAS, the terms of the proposed Settlement Agreement include, among other
provisions, payment to the Borough of Carteret and the Carteret Board of Education in
Ore amount of four hundred ninety -nine thousand dollars ($499,000.00) in settlement of
all claims, fees and expenses; and
WHEREAS, the terms of the proposed Settlement Agreement, less attorney fees and
expenses of litigation, allow the Borough and Board of Education to recover nearly all of
their documented costs; and
WHEREAS, the Settlement Agreement is otherwise fair, reasonable, and in the public
interest;
NOW, THEREFORE, BE IT RESOLVED, that the Borough of Carteret approves and
ratifies the Settlement Agreement resolving claims (or recovery of costs for remedialion
aVamund Private Nicholas Minue Elementary School; authorizes and ratifies Campbell's
execution of the Settlement Agreement; authorizes Campbell to execute all appr priale
filings to implement the agreement; and further authorizes the Borough's Law Dire'lor to
oversee Ore disbursement of funds,fiom the settlement.
Adopted this 19' day of Febmary, 2009
and certified as a (me copy of the
original on February 20, 2009.
IOITHLEEN h(. BARNEY, MA1C
Municipal Clerk
RECORD OF COUNCIL VOTE
COUNCILMAN
YES
NO
NV
A.B.
COUNCILMAN
YES
NO
NV
A.B.
BELLINO
KRUM
COLON
NAPLES
X
DIAZ
X
SITARZ
X
X - Indicate Vote AN - Absent NV - Not Voting
XOR - Indicates Vote to Overrule Veto
Adopted at a meeting of the Municipal Council
�i 'ebruary 19 2009
Ci. RK