Monday evening, August 2, 2010. Special Meeting of the City Council held in the Council Chambers, City Hall.~ Meeting called to order by Council President Neil Janssens at 7:00 o’clock p.m.
Councillors Present: Alice Anderson, Henry Ares, David Boudreau, Joshua Cormier, Ronald Cormier, Patrick Gerry, Edward Gravel, Scott Graves, James Minns, James Robinson, Jr. and President Neil Janssens.
Others Present: Mayor Mark Hawke, Robert Hubbard, Director, Community Development & Planning, City Solicitor John Flick, Trevor Beauregard, Economic Development Coordinator, and Attorney Adam D. Rogoff, representing Mr. Bernard Garbose.
President Janssens announced the Special Meeting was called to discuss the proposed Brownfields Covenant Not to Sue Agreement Between the City of Gardner and S. Bernard Garbose.
Robert Hubbard stated the City, EPA and DEP met with Mr. Bernard Garbose concerning the Covenant.
City Solicitor John Flick stated the general purpose of the Covenant is to allow the City to take title to the property with protections from threat of litigation, to enforce cleanup, and to promote redevelopment of the brownfield property. The process entails a 90-day public comment period. The project must contribute to the economic revitalization of the City.
Trevor Beauregard stated the City is pursuing funds to clean up the property through EPA grants and loan funds. He added 60% is a loan and 40% grant -- repaid from sale of property. The City’s goal is to aggressively pursue reuse of the cleaned-up property, he added.
On questioning by Councillor Robinson, Mr. Hubbard stated the “Garbose property” has three known DEP filings -- it is not an imminent public health hazard, and no DEP clean-up order was issued.
Attorney Rogoff stated the property has been on the market for 13 years, with no potential buyers. Mr. Garbose has spent $300k over the years, paying taxes and fencing the property.
Attorney Flick stated there is a distinction to this parcel, as it is not a tax title property. He added that Mr. Garbose is financially unable to bear the cost of cleaning the property.
Mayor Hawke encouraged the Councillors to support the clean-up effort and added the City has “loose assurances from MassDevelopment” to provide additional funding.
President Neil Janssens adjourned the meeting at 7:28 o’clock p.m.
Accepted by the City Council: September 7, 2010
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