January 29, 2019

CT Construction Digest Tuesday January 29, 2019

Bristol updating Memorial Blvd. School progress on two websites
SUSAN CORICA
BRISTOL - It’s easier than ever for residents to keep up with the city’s progress on turning the old Memorial Boulevard School into an arts magnet School.
City Hall and the Board of Education have created interconnected links between their websites “to provide information and updates on the building and developmental plans for the Memorial Boulevard Interdistrict Arts Magnet School Building Committee,” according to a statement from Mayor Ellen Zoppo-Sassu’s office.
On the BOE website, www.bristolk12.ct.us , click on the green Board of Education tab, scroll down and choose School Building Committees, which will open to links for several active committees, including one for the Memorial Boulevard Interdistrict Arts Magnet School Building Committee.
The school site lists the building committee members and the dates and locations for their upcoming meetings.
On the City Hall website, www.bristolct.gov , the link is located by clicking “I Want to…” on the blue navigation bar, and then moving down to Find Info On… Boards, Committees & Task Forces section.
On the city site Michael Dietter, school district director of special services, who also chairs the building committee, gives a detailed introduction to how the project came about.
“The Memorial Boulevard School, recognized by the Connecticut Register of Historic Places, was constructed as Bristol High School in 1922. The school, a dominant feature at the gateway to downtown Bristol, has served the community of Bristol for several generations and in many configurations. Upon redistricting and the opening of two new pre-K-8 schools in the 2012-13 school year, Memorial Boulevard School was turned back to the city and remained dormant save for the occasional municipal training or community interest associated with theater revitalization,” his introduction begins.
The site also contains a timeline of milestones to date in the project’s phase one, from the school board approving educational specifications for the arts magnet school and submitting them to the state in November 2017, to this month when the City Council approved the building committee’s selection of D’Amato and Downes as construction managers.
In addition to the Memorial Boulevard Interdistrict Arts Magnet School Task Force link, “this new section lists other informative links on the city’s website providing the public an opportunity to follow the actions of other city boards, committees, and task forces in an effort to be informed of issues that are important to them,” the mayor’s statement said.
“For those people who are interested in following the developments on both the new school as well as the theater component, this is a great way to do so,” said Michael Dietter, school district director of special services, who also chairs the building committee.
The building committee has been meeting twice a month to put the planning pieces in place for the project to begin, as well as ensure that all guidelines set forth by the Office of School Construction and Grants Review are met.
“We know that this is a high profile project to re-use and renovate a building that is significant due to its physical location on the Boulevard gateway, to various generations who attended school there as well as future students, and the future of downtown,” said Zoppo-Sassu.
“It was important to us to position it on both the Board of Education website and the city’s website, since it really is a joint effort by both the BOE and the City Council,” she said.
In addition, the mayor pointed out there had been substantive work done in the last 10 years by other boards and commissions that is also available for review.
“Many of these items are still of interest and give the big picture of all the pieces of information that have been accumulated over time in reference to this initiative,” she added.
The city and school board are collaborating on the project to create the arts magnet school for grades six through 12. The architect, Farmington-based Quisenberry Arcari Malik LLC, has estimated that the new school could be open by August 2022.
 
Southbury fines developer again over use of heavy equipment
BILL BITTAR
SOUTHBURY – After a developer paid $2,550 in fines for using two blue rock crusher machines on a construction site at 1416 Southford Road in the fall, he brought the equipment back this month. The graveling operation resumed amid the snow-capped dirt piles on Wednesday, during Thursday’s downpour and in Friday’s sunshine.
Zoning Enforcement Official Chris McGinness, who pulled the work permit a second time due to the zoning setback violation, is slapping the developer with a $450 fine for every day the violations continue, while seeking a temporary injunction to stop the work.
“The town is not allowing this,” he said. “The town is enforcing it to the extent the law allows.”
Dichello Construction also performed blasting last year while preparing the site for construction of Krikit’s Garden Center, prompting concerns from some residents over noise, potential property damage and damage to their wells, as well as health concerns over dust from the graveling operation.
McGinness said the rock crushing violates Section 8.8.4 of the zoning regulations on processing materials. The section says “no processing machinery shall be erected or maintained on the lot within less than 150 feet of any property or street line or within less than 300 feet of an existing dwelling or other principal building on any other lot.”
Pasquale Dichello, owner of the construction company and the property as Star Fox Enterprise LLC, claims, depending on the positioning, the graveling equipment is within 10 feet of the setback from the closest house, which is behind the site and high up, and within 30 to 40 feet of the setback for a property line. He also contends the town’s zoning laws are outdated and have never been challenged.
“Come on, what am I gonna do?” Dichello said. “This is not hurting anybody_ It’s not making noise.”
Since the town’s regulations were passed, Dichello contends there have been improvements in how rocks are crushed, with quieter machines and less dust, adding watering down sites keeps dust down.
Dichello said he looked up the town records and saw the previous owner, Mary Tomlinson, applied for a variance to allow rock crushing but withdrew her application before a hearing. He said the setback law has never been challenged, adding he would consider appealing it, but would probably be done graveling by the time it is resolved.
If he knew the setbacks were not challenged, Dichello said he would have filed an application for a variance right away.

McGinness sent a cease-and-desist order to Dichello on Jan. 16 and revoked Dichello’s work permit the next day.
“Considering the reintroduction of this violation and the previous letters mailed to and received by you, I am fining you $150.00 a day per violation on the site,” McGinness wrote. “Currently you have two violations on your property, each piece of processing equipment is considered a violation … to date you are cited $750.00 dollars by the Town of Southbury Zoning Department.”
On Wednesday, Dichello continued excavating the site, despite not having a work permit, which is another violation. McGinness said he could be fined $450 a day. The money goes into the town’s general fund.
“We will be seeking a temporary injunction from the district judge,” McGinness wrote in the letter. “I have directed our Town Attorney to initiate this action and he will be filing this injunction.”
“We’re paying a hefty fine, but it kind of works out,” Dichello said. Though he would rather not be fined, Dichello said money made from the gravel covers the fines. He hopes to finish rock crushing by mid-March, weather permitting. Then the site would be ready for construction.
Though he disagrees with the zoning regulation, Dichello has no ill will toward town officials for enforcing it. “The town of Southbury has good people, who are reasonable,” he said. “Of course they have to follow the rules, so you can’t blame people. I think some of the rules should be updated. Some laws are a little bit old.”

Bristol-Babcock property’s cleanup could hit $13.7 million
MICHAEL PUFFER
WATERBURY – City officials have received a cleanup estimate for the Bristol-Babcock property: Anywhere from $6.3 million to $13.7 million.
The cost makes action on the ruined industrial complex, destroyed in a raging fire in 2015, unlikely anytime soon.
Mayor Neil M. O’Leary sought the study of the property, which is along the Naugatuck River on the city’s southern border. O’Leary was considering claiming the property for redevelopment but wanted an estimate of costs first.
O’Leary hadn’t yet had opportunity to pour through the extensive report Friday. He was not yet sure what the estimate meant for the chances of city involvement.O’Leary said he’d need to investigate the possibility of state or federal remediation grants and talk with the property owner.
Owner Norman S. Drubner, a prominent local attorney and developer, said that price clearly puts the cleanup beyond the reach of private redevelopment.
“Obviously, it’s not economically feasible for a private party to put out that kind of money,” Drubner said. “This is a good neighborhood, but it’s 6 acres and it’s Waterbury, Connecticut. It’s not Manhattan.”
“That kind of a number is a staggering number to clean that up,” Drubner said.
In areas with high property values, private developers can undertake costly cleanups and still realize a return on their investment. Industrial cleanups in Waterbury have required government funding because the return on investment is never high enough for an investor to spend the time and money.
Bristol Babcock Co. once employed hundreds at its massive manufacturing complex. Sections of the brick complex stood six stories tall.
Drubner paid $3 million for the Bristol Street property in 1986 as the company prepared to move to new quarters in Watertown. He’d hoped to build apartments on the property along the Naugatuck River.
An economic recession in the early 1990s scuttled the housing market, Drubner has previously noted. The coming years would bring new environmental regulations, making it more difficult to develop.
A massive fire in 2015 hollowed out large portions of the complex. A portion fronting Bristol Street, untouched by the fire, later began to spill bricks into the street. Drubner paid to have that section torn down. The wreckage was left in place behind a fence.
City officials have commended Drubner for maintaining fences around the property, continuing to pay his taxes and cooperating with their environmental investigation.
Drubner had hoped to gift the property to the city. The municipality can apply for state and federal cleanup funds that are unavailable to a private developer.
The state provided $200,000 for Waterbury’s environmental study. The contract with HRP cost $55,350. The remainder can be used for further study if the city were to move forward with redevelopment, said Waterbury Development interim CEO Jim Nardozzi.
Much of the site was dangerous and inaccessible due to unstable buildings. HRP poured through documents of known environmental issues and investigated those areas that remain accessible. Investigators found mold, along with damaged building materials containing asbestos and lead paint. Any asbestos would have to be cleared before demolition, HRP’s report said.
Any demolition would require further testing and removal of hazardous materials. Future development would require soils cleanup. Underground storage tanks should have their hazardous materials pumped, according to the report.
State Rep. Geraldo Reyes, D-75th District, hasn’t yet been provided the HRP report. Brownfields are a big part of his legislative focus, so he plans to get a copy. Reyes acknowledged the estimate is daunting.
If the city were to proceed, it would have to seek money and pursue the cleanup in phases, Reyes said.
“There is no way would give us that much money in one shot,” Reyes said.
The state has provided the city with millions of dollars for cleanups. After the Nova Dye factory on Mill Street burned flat in 2012, the state provided a $2 million cleanup grant. That allowed the city to hire contractors to clear debris and open the site down to the foundations of the factory. Late last year, the state authorized a $3 million grant to finish the cleanup and create a public park.
The state and federal government provided $36 million to demolish and clean up the former Scovill Brass Works site in the city center during the late 1990s, clearing the way for the Brass Mill Center mall.
More recently, the state provided $3.1 million for demolition and cleanup as the decaying 17-acre Anamet manufacturing complex and $1 million more to clear away burned buildings at the former Risdon manufacturing site, both off South Main Street. And there have been a number of other large grants.
Both the Anamet and Risdon cleanup projects are ongoing, and the city is seeking additional money for both. Considering the high estimate at Bristol-Babcock, the city might want to complete a number of ongoing brownfield projects before it takes on anything more, Reyes said.
“I think the mayor and his team have been as aggressive as they can,” Reyes said. “I think they’ve got plenty on their plate right now.”

E. Windsor tribal casino rebranded
Joe Cooper
Tribal leaders of Connecticut's first off-reservation casino in East Windsor have rebranded the proposed $300 million project, which has been delayed over changes to the state's long-standing gaming compacts.
The joint gaming venue by the Mohegan and Mashantucket Pequot tribes, formerly known as MMCT Venture, has been renamed as Tribal Winds Casino.
The tribes are partnering to remain competitive with MGM Springfield, which opened a $960 million casino and entertainment complex in Aug. 2018.
The rebranded casino also includes a new logo and hiring goal for construction workers and staff at the proposed one-story facility.
Tribal officials said the venue, the nation's first joint tribal gaming project, will employ at least 2,000 construction workers and 2,000 permanent staffers upon its opening. The casino will also support another 1,000 indirect jobs at small business vendors, they said.
At least 650 jobs will be set aside for Hartford area residents.
Rodney Butler, Foxwoods' interim CEO and Mashantucket Pequot Tribal Council chairman, said the project is ready to break ground, but the development remains in limbo as former U.S. Interior Department Secretary Ryan Zinke has refused to sign off on changes to the state's gaming compact with the Mashantucket tribe.
Zinke resigned in Dec. 2018 amid several probes aimed at him, including one regarding his refusal to approve changes to revenue-sharing agreements between the tribes.
The Mashantucket tribe last year asked a federal judge to reconsider its lawsuit against Zinke, which alleged he was coaxed into blocking the proposed East Windsor casino amid a lobbying campaign from MGM Resorts International and Nevada Republican lawmakers.
Sen. Cathy Osten (D-Sprague) has co-sponsored a bill that would allow Connecticut to bypass the federal government's role in approving changes to tribal compacts required to open the East Windsor casino.
The East Windsor project remains in flux as MGM Springfield last week completed its fifth full month in operation.
While MGM has poached some gaming revenues from Mohegan Sun and Foxwoods, Butler and Ray Pineault, Mohegan's president and general manager, recently told Hartford Business Journal that MGM has had less of an impact on its gaming operations than projected.

Committee To Hear About East Windsor Casino
HARTFORD, CT — On Tuesday the Public Safety and Security Committee will get an update from tribal officials regarding their plans for an East Windsor casino that’s intended to compete with MGM’s new casino in Springfield.
MMCT Venture LLC, a joint venture formed by the Mashantucket Pequot and Mohegan tribes, said Monday that they will name their new casino in East Windsor “Tribal Winds.” Officials plan to tell the committee about their plans for the development, which has been stalled by the U.S. Interior Department’s failure to immediately approve amendments to the tribal gaming agreements.
Some lawmakers are looking to make sure the casino can be built without federal approval, while others think it’s time to eliminate the tribes’ exclusivity over gaming in Connecticut. It’s unclear which side will prevail in what’s expected to be another legislative battle.
“Building on the iconic brands of our two flagship properties, Tribal Winds will be a world-class gaming and entertainment facility that combines our shared past with the proud local character of East Windsor,” Mashantucket Pequot Tribal Council Chairman Rodney Butler said Monday. “This shovel-ready facility will create jobs and bring in new revenue for the state the minute we break ground.”
Tribal Winds is expected to support 5,000 jobs from the start of construction through the grand opening, with at least 2,000 jobs for the building trades during construction and 2,000 permanent jobs at the facility once it’s operational.
MGM Resorts International has been lobbying Connecticut to open the bidding process for gaming facilities. Currently, the two tribes have exclusive gaming rights. The Las Vegas-based company wants to build a casino in Bridgeport and compete for more of the New York market. It already owns the Empire City Casino in Yonkers.
“It is time now for Connecticut to move beyond the back-and-forth of the past few years and establish an open, competitive bidding process for a commercial casino,” MGM said in a statement. “Let all qualified developers — including the Tribes — respond, and let the State decide which proposal is best. The vast majority of Connecticut residents support that approach. They’re right.”
Meanwhile, the tribes have presented themselves as a sure bet.
The Foxwoods Resorts Casino and Mohegan Sun have brought the state $7.5 billion over the past 25 years. The state gets 25 percent of gross slot revenue from the two tribal casinos.
Connecticut’s take over the last year was around $263 million. However, based on the competition from MGM Springfield since it opened last summer, the number was expected to drop to $203 million. The latest estimates have it increasing to $248 million.
That revenue, according to the tribes, would disappear if the state opened the bidding process to a commercial entity.
The Public Safety and Security Committee will hear testimony from tribal officials at 1 p.m. Tuesday at the Legislative Office Building in room 1D.