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11 -83 A^
Date of Adoption - A n- 28f 191
RESOLUT OR EL ECTRONICALLY STOCOURT -ORDERED FUNDING
CONSULTANT IN THE ACTION CAPTIO
DEPART NED NEW JERSEY
OCCIDEN MENT OF ENVHtONMENTAL PROTEM
NO. ESX -L- 9868 -OS vp7�*
TAL CHEMICAL CORPORATION ET ALS, DOCKET
WHEREAS, certain claims have been asserted against the Borough of Carteret in
the action captioned New Jersey De artment of Environmental Protection V. Occidental
Chemical Coroora�a 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 hazardous substances into what is collectively referred to as the `Newark
Bay Complex,; and,
WHEREAS, 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, all court- related communications shall be electronically filed, stored and
disseminated;
WHEREAS, the Court authorized the retention of a consultant to store, exchange
and maintain all electronically stored information ( "ESI" ); 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 ESI consultant on a per
capita basis;
WHEREAS, by Order of the Court filed January 28, 2011, the Court ordered that I
each party to the litigation shall pay two - hundred and fifty dollars ($250) to cover the
anticipated costs of the ESI consultant and that such payment shall be made to the
"PASR- Finance Committee" (and sent to: PASR - Finance Committee, c/o Drinker Biddle
& Reath, 105 College Road East, 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 ordered that
upon forty-five (45) notice the PASR - Finance Committee may request additional
funding, but in no event shall the PASR - Finance Committee seek additional funding
exceeding one thousand dollars ($1,000) in any calendar year without prior approval of
the Court upon motion with notice to all parties;
WHEREAS, without admitting any fact, responsibility, fault and/or liability in
connection with the claims alleged against it in the Litigation, the Borough of Carteret
wishes to comply with the January 28, 2011 Order providing for per capita funding for
the electronically stored information consultant; and,
WHEREAS, a copy of the January 28, 2011 Order providing for per capita
funding for the electronically stored information consultant is in the Clerk's office and is
incorporated by reference hereto:
NOW, THEREFORE, BE IT RESOLVED BY THE BOROUGH COUNCIL OF
THE BOROUGH OF CARTERET, IN THE COUNTY OF MIDDLESEX, NEW
JERSEY, as follows:
11-83
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PACE 3
Section 1. The aforementioned recitals are incorporated herein as though fully
set forth at length.
Sec$on2. The Borough by the Mayor is hereby authorized to comply with
the January 28, 2011 providing for per capita funding for the electronically stored
information consultant 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.
KA URN M. g4ldUE MC
Municipal. Clerk
RECORD OF COUNCIL VOTE
COUNCILMAN
YES
NO
NV
A.B.
COUNCILMAN
YES
NO
NV
A.B.
BELI M
X
x
DIAZ
NAPLES
DI MASCIO
Tx
SITARZ
X
X - Indicate Vole AB NV - Not Voting XOR - Indicates Vote to Overmie Vern
Adopted at a meeting of Municipal Council
April 28, 2011
CLERK
Exhibit A
January 28, 2011 Order
Providing for Per Capita Funding for
Electronically Stored Information (ESI) Consultant