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Date of Adoption 28, 21 1
RESOLUTION AUTHORIZING COURT - ORDERED FUNDING
FOR SPECIAL MASTER IN THE ACTION CAPTIONED NEW
JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECITON
v. OCCIDENTAL CHEMICAL CORPORATION, ET ALS
DOCKET NO. ESX -L- 9868 -05
WHEREAS, certain claims have been asserted against the Borough of Carteret in
the action captioned New Jersey Department of Environmental Protection v Occidental
Chemical Corporation, et als.. Docket No. ESX -L- 9868 -05 pending in the Superior Court
of New Jersey, Law Division, Essex County, or any other related cases in State or Federal
Court (hereinafter referred to as the " Litigation ") associated with allegations of
discharges of hazardous substances into what is collectively referred to as the `Newark
Bay Complex'; and,
WIIEREAS, the New Bay Complex encompasses the lower 17 miles of the
Passaic River, Newark Bay, the lower reaches of the Hackensack River, the Arthur Kill
and Kill van Kull; and,
WHEREAS, the Court determined that due to the number of litigants and nature
of the Litigation, a Special Master was required to oversee and manage discovery and
other pre -trial issues among the parties;
WHEREAS, the Court authorized the retention of the Special Master; and,
WHEREAS, by Order of the Court filed January 28, 2011, the Court ordered that
all parties to the litigation are required to fund the cost of the Special Master on a per
capita basis;
WHEREAS, by Order of the Court filed January 28, 2011, the Court ordered that
each party to the litigation shall pay two thousand dollars (52,000) to cover the
anticipated fees and costs of the Special Master for the first portion of 2011 and that such
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PME of 3
payment shall be made to the "PASR- Finance Committee" (and sent to: PASR - Finance
Committee, c/o Drinker Biddle & Reath, 105 College Road Bast, Suite 300, P.O. Box
627, Princeton, New Jersey 08542) with a taxpayer ID. No. of 27- 4907982, who shall
establish a bank account doing business in the State of New Jersey for the deposit and
disbursement of funds to pay the Special Master's fees and costs, as well as the payment
of fees and costs related to the bank account;
WHEREAS, the PASR - Finance Committee was selected by the Special Master
and comprised of at least one representative of plaintiffs, one of the defendants, one of
the public entity Third Party Defendants, and one of the private party Third Party
Defendants;
WHEREAS, by Order of the Court filed January 28, 2011, the Court empowered
the PASR - Finance Committee to impose and collect future assessments from all parties;
to maintain a separate bank account to hold and disburse the funds assessed under the
Order; to review and approve all bills submitted by the Special Master; to notify all
parties of the amount and receipt of such bills and make copies available to any party
upon request; to report to the parties on the status of funding and anticipated funding
needs; and to see assistance from the Court to collect assessments from delinquent
parties;
WHEREAS by Order of the Court filed January 28, 2011, the PASR - Finance
Committee may request additional funding, but in no event shall the PASR - Finance
Committee seek additional funding exceeding four thousand dollars ($4,000) in any
calendar year without prior approval of the Court upon motion with notice to all parties;
NVUEREAS, without admitting any fact, responsibility, fault and/or liability in
connection with the claims alleged against it in the Litigation, the Borough of Carteret
wishes to comply with the January 28, 2011 Order providing for per capita funding for
the Special Master; and,
Y
PAC- of 3
WUEREAS, a copy of the January 28, 2011 Order providing for per capita
funding for the electronically stored information consultant is in the Clerk's office and is
incorporated by reference hereto:
NOW, THEREFORE, BE IT RESOLVED BY THE BOROUGH COUNCIL OF
THE BOROUGH OF CARTERET, IN THE COUNTY OF MIDDLESEX, NEW
JERSEY, as follows:
Section 1. The aforementioned recitals are incorporated herein as though fully
set forth at length.
Section 2. The Borough by the Mayor is hereby authorized to comply with
the January 28, 2011 providing for per capita funding for the Special Master and make
the requisite payment(s) to the PASR - Finance Committee.
Section 3. This resolution shall take effect immediately in accordance with
Law.
Adopted this 28th day of April, 2011
and certified as a true copy of the
original on April 29th, 2011.
KORM M. HWUd MT1
Mmicipal Clerk
RECORD OF COUNCIL VOTE
COUNCILMAN
YES
NO
NY
A.B.
COUNCILMAN
YES
NO
NV
A.B.
X
-Tm
X
DIAZ
X
NAPLES
X
DI MASCIO
X
SITARZ
X - Indicate Vole AB - Absent NV - Not Voting
XOR - Indicaics Vole to Overrule Veto
Adopted at a meeting of the Municipal Council
- April 28th, 2011
CL RK
y
Exhibit A
January 28, 2011 Order
Providing for Per Capita Funding for
Special Master
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