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Council gives conditional approval to consent agreement over landfill easement; solicitor to finalize language
Summary
The council approved a three-party consent agreement involving Center of New England, the court-appointed receiver, and the solar operator about an easement across landfill property, but made approval contingent on revised language from the town solicitor about relocating monitoring devices and moving a fence; the operator agreed to absorb a $180,000 penalty for a fence violation.
The Coventry Town Council voted to approve a consent agreement affecting an access easement across town landfill property and related infrastructure, subject to final language negotiated by the town solicitor and town manager.
Town Solicitor David Igliosi briefed the council on a three-party agreement involving the town, the receiver (Matthew McGowan) for Commerce Park Royalty LLC, and the operator of a solar array over the landfill. The agreement addresses three main town concerns: moving a fence that was installed inside an access easement, ensuring monitoring devices (wells to monitor landfill methane) will not interfere with future infrastructure, and clarifying representations and warranties so the town would not be put in a position of violating court directions.
Igliosi said he and the town's engineers could not warrant that monitoring devices are absent from the easement and proposed language that commits the town to use best efforts, subject to DEM (Department of Environmental Management) approval, to relocate devices if necessary or otherwise ensure they do not interfere. The council also heard that a $180,000 penalty for the fence violation had been negotiated and the solar operator agreed to absorb that cost as part of the settlement.
Because certain technical confirmations remained outstanding and because the receiver had not yet signed revised language, the council approved the consent agreement contingent on the solicitor and town manager accepting the final verbiage and on the receiver (or his counsel) approving those changes prior to filing. Council members requested an email confirmation of acceptance once the language is finalized.
What happens next: The solicitor and town manager will negotiate and confirm final language with the receiver and operator; the council's conditional approval will be recorded and the town will move forward if the revised language is accepted.
