City of Gardner
95 Pleasant Street, Gardner, MA 01440
ph: (978) 632-1900
City Council Minutes 10/18/2010-Special Meeting
Monday evening, October 18, 2010.  Special Meeting of the City Council held in the Council Chambers, City Hall.~

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 P. Hawke, City Solicitor John Flick, Robert Hubbard, Director, Community Development & Planning, and Assistant Attorney General Ben Erickson.

President Neil Janssens called the meeting to order at 7:00 o’clock p.m. and read aloud the following:

Any person may make a video or audio recording of the open session of this meeting so long as it does not interfere with the conduct of the meeting.~ All documents and exhibits used or referenced at this meeting shall be submitted in duplicate to the City Clerk, as they become part of the minutes of the meeting. Is there anyone present who will be recording this meeting?

No person in attendance responded.

President Janssens stated the Special Meeting was called to meet with Assistant Attorney General Ben Erickson, City Solicitor John Flick, Mayor Mark Hawke and others relative to Council Calendar Item Nos. 8479 and 8480 concerning Brownfields Covenant Not to Sue Agreement Between the City of Gardner and S. Bernard Garbose and Conveyance of Land.

City Solicitor John Flick stated the meeting is a continuation of the August Council meeting on this issue.  The only change to the August draft is that the City will purchase the parcel for $1.00 for tax purposes.  He added a title search was conducted and no significant encumbrances exist on the property.

Attorney Ben Erickson informed the Council the Commonwealth has processed thirty-five Brownfield Covenants over ten years, with standard agreement language incorporated.

Councillor James Robinson spoke on behalf of abutters who questioned if contamination [from the Garbose site] is discovered on their property.

Attorney Erickson stated the City is responsible for the cleanup; however, he does not believe any contamination exceeds the parcel’s [Garbose] boundaries.  He added the City agreed to clean up the site according to the Massachusetts Contingency Plan (“MCP”), allowing a five-year period for completion.

Mayor Hawke stated the City has $1,000,000 at its disposal for cleanup.

President Neil Janssens adjourned the meeting at 7:13 o’clock p.m.

Accepted by the City Council: