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HomeMy Public PortalAboutr 11-081e �X�T Y��� ai � ozrrit a (garli d, N J- 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 NO. �1_Ri -81 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 473713 -1