December 14, 2020

CT Construction Digest Monday December 14, 2020

THIS FRIDAY'S BOND COMMISSION AGENDA CLICK HERE


Killingly councils OKs expanded school upgrade project

John Penney  KILLINGLY — After hearing from residents during a special Saturday public hearing, the Town Council unanimously approved the appropriation and borrowing of $34 million for an expanded rehabilitation project at the Killingly Memorial School.

The ordinance vote came less than two weeks after the council agreed to withdraw an application to the state Office of School Construction Grants & Review for a $16.5 million proposal to demolish portable classrooms and add a new wing to the Main Street Danielson elementary school in favor of a more comprehensive upgrade project.

The change in direction came after state officials offered an attractive reimbursement package for the entirety of the work.

During the 20-minute public hearing section of the meeting, hosted remotely, five callers voiced support for the project, as did 24 individuals who sent email comments to town officials. Interim Superintendent Diane Summa, during her comments, called the Memorial School a “vital component” of the district and said the proposed upgrades are "a necessity."

“I’m urging you to please, please support these renovations,” Summa asked the council.

The Board of Education on Wednesday unanimously gave its backing for the council to move ahead with the expanded work. School officials said the work is not expected to have a substantial impact on student learning.

In all, the amended $34 million deal would, in addition to the previously applied for work, include the replacement of an antiquated heating system at the Main Street school with a combination heating-cooling system; redoing the facility’s electrical system; adding a fire-suppression system to the main building; renovating the cafeteria’s kitchen area; and conducting asbestos abatement throughout the structure.

Adding another $18.4 million for the expanded work would raise the town’s share of the expanded project to $9.5 million — about $2 million more than the original project —  though now with a 72% state reimbursement rate compared to the 60% offered for the smaller-scale project.

The state’s stance is having workers concentrating on just one comprehensive renovation project is more efficient than doing piecemeal work over the course of several years.

Initially, the council was not expected to vote on whether to appropriate and borrow the additional money for months, but the prospect of getting on the state’s “priority” grant list this year led to the scheduling of Saturday’s public hearing in which residents were invited to comment — but not vote — on the proposal.

Council Chairman Jason Anderson said he fully supported the comprehensive project — with reservations.

“My biggest concern is that there are mechanisms in place for if the state decides it doesn’t have the money and that the town isn’t responsible for the entire (project) cost,” he said.

Town Manager Mary Calorio said the accelerated nature of the proceedings is in an effort to lock in the 72% state reimbursement rate — the highest the town can expect for such work — this funding cycle.

She said the state agreed to keep the expanded project on the state’s current year’s priority list if the project’s funding was approved by the town as of Tuesday. Calorio previously said she was prepared to send Saturday’s meeting minutes to state officials as soon as the public hearing concluded.

Councilor Ed Grandelski acknowledged the accelerated nature of the proceedings, but called the proposed work “30 years overdue.”

“We have to take advantage of this opportunity,” he said.

 The upgrade work could begin during the summer of 2022.


West Hartford pauses New Park Ave. development to study zoning regs

Sean Teehan  Town officials in West Hartford will take a close look at the town's zoning regulations during a nine-month moratorium on development that might negatively affect transit-oriented development.

West Hartford's Town Council last month unanimously approved a moratorium on the use of land in its New Park Avenue corridor (along the CTFastrak busway) that could be detrimental to future transit-oriented development projects. 

The moratorium will allow town officials to figure out whether they have to change any zoning regulations to encourage development along the busway, Town Planner Todd Dumais said.

"This will allow us to take a strategic look at the zoning process," Dumais said.

West Hartford has seen an uptick in new businesses opening in the area, which is known as the "design district," town Economic Development Coordinator Kristen Gorski said. Additionally, mixed-use apartment development at 616 New Park Ave. and an upcoming housing development at 540 New Park Ave. have been complimentary to the town's transit-oriented development effort.

"The moratorium coupled with a collaborative stakeholder engagement process are the next steps in several years of TOD planning in this area," Gorski said.


Can opportunity zones revive struggling neighborhoods?

Tom Condon  In early September, Brian Marois, a Republican on Manchester’s board of directors — its governing body — proposed a redevelopment project for a vacant school building, saying it was ideal for attracting private investment because it sat in one of the town’s two Opportunity Zones.

The idea was rejected by the board’s Democratic majority for other reasons, according to the Hartford Courant, but Marois did bring up a program that’s been somewhat forgotten in the pandemic, at least until President Donald Trump claimed it during the campaign as one of the ways he aided the Black community.

Remember Opportunity Zones?

Opportunity Zones are a federal tax incentive intended to draw private investment to distressed neighborhoods. A year ago it was one of the hottest ideas around. The state created a website and appointed a coordinator of the program. Last October more than 400 town officials, planners, developers and investors packed a conference in New Haven on Opportunity Zones. Officials saw the incentive as a tool for inclusive growth, a way to plan and organize investment in underserved communities.

A year later, the program is, as U.S. Rep. Jim Himes, D-4th District, said in a recent telephone interview, “in desperate need of tweaking.” One of its incentives has lapsed, it’s been touched by scandal in some parts of the country, it has no public reporting requirement and may be benefiting rich investors more than distressed communities.

But Marois is not wrong. Despite issues that Rep. Himes and others would like to see improved or corrected, Opportunity Zones still can work.

Trump Tax Cut

The incentive was created by the Tax Cut and Jobs Act of 2017. If a person with capital gains — profits from the sale of assets such as stocks or real estate — invests the gains in a designated Opportunity Zone, their capital gains tax is deferred for up to seven years, and reduced by 10 percent if held for five years and 15 percent if held for the full seven years.

Finally, if the investment — it can be in residential, commercial or energy projects — is held for 10 years, there is an additional benefit: the capital gains tax on the profits from the Opportunity Zone project is eliminated.

The zones themselves are — or are supposed to be — low-income census tracts as measured by federal poverty metrics (see here ). States were allowed to nominate up to 25% of their low-income census tracts. Connecticut has 72 Opportunity Zones in 27 municipalities (see here ). Most are where a student of the state’s wealth distribution would expect them to be: 10 in Hartford, seven each in New Haven and Bridgeport, etc.

Major investment funds were created to take advantage of the tax incentive investments; but individuals can create their own funds.

So, what can go wrong?

Turns out, quite a lot.

A loose definition of “need”

The point of the exercise is to lure capital to distressed communities. Early reports indicate this is starting to happen in some places, such as Buffalo, N.Y., Erie, Pa, and Birmingham, Ala.

But as the New York Times reported on Aug. 31, 2019, developers are putting billions of untaxed investment profits into high-end apartment buildings and hotels in trendy downtown sections of Miami, Houston and New Orleans, as well as storage facilities that employ only a handful of workers, and student housing in bustling college towns. Many of these projects were already underway, the Times reports, suggesting they didn’t need a tax incentive.

How is this happening?

For one thing, some poor census tracts have pockets of wealth.

Also, the legislation allows some census tracts adjacent to poor tracts to be designated as Opportunity Zones, on the theory that they would draw workers from the poorer neighborhoods.

In addition, the selection criteria used data from the 2010 census. Some Opportunity Zone tracts, including one in downtown Stamford, have prospered since then.

Finally, there is political subterfuge.

The only formal duties for the states was to designate the zones, which are supposed to be areas of need. But apparently some governors defined “need” rather loosely. For example, ProPublica reported that lobbying by the wealthy and influential Huizenga family got Florida Gov. Rick Scott to designate an Opportunity Zone around a “superyacht marina” in West Palm Beach, where the family plans to build a luxury condominium development. In doing so, Scott rejected requests to designate other, less affluent areas.

The Times reported that Treasury Secretary Steven Mnuchin personally intervened to designate an opportunity zone in Nevada that includes a 700-acre industrial park. One of the park’s main investors is erstwhile “junk bond king” Michael Milken, a friend of Mr. Mnuchin’s. Planners originally concluded the area was too affluent to qualify, but Mnuchin reversed that decision (he and Milken denied any untoward activity).

Similar stories of influence peddling have popped up in a few other cities.  Also, the law has no reporting requirements, so it is hard to tell who has invested in what, and what the impact is.

The Urban Institute issued a report in June critical of Opportunity Zones. The report found that while there have been “compelling examples of community benefit, the incentive as a whole is not living up to its economic and community development goals.”

One reason for that, the report found, was that while Opportunity Zones “were designed to spur job creation, most … capital is flowing into real estate and not into operating businesses.”

But there are proposals working their way through Congress to, as Rep. Himes said,  “tweak” the Opportunity Zone incentive.

A bill to keep Opportunity Zone projects out of affluent areas, prohibit investments in such things as stadiums, luxury apartments and casinos, and to create public reporting requirements, has been introduced by Sen Ron Wyden (D-Ore).

Another, from U.S. Rep. Scott Tipton (R-Col) and others, would extend the timeline for the incentive program. The ability to defer capital gains from the sale of the original asset, as long as the gain is invested in an Opportunity Zone project, now sunsets at the end of 2026.

This means that to have gotten the 15% capital gain reduction for holding an investment for seven years, the investment would have had to have been made by the end of 2019. Tipton wants to push the end date back to 2030, citing the Covid-related slowdown. The other incentive — elimination of capital gains on the Opportunity Zone project if the investment is held for 10 years — continues past 2026.

The Urban Institute proposes that the program be more focused on supporting small business, base the tax incentive on impacts, such as job creation, and allow a broader class of investors, such as foundations or pension funds, to participate in the incentive.

But for all of the negative issues, the evidence shows Opportunity Zones still can help struggling communities. A smattering of projects got underway in Connecticut Opportunity Zones before and during the pandemic. New London has three.

One is a large self-storage building (apparently a booming industry) in a commercial area along I-95. It won’t produce many jobs, but it puts a tax-paying entity on what had been vacant land with infrastructure already in place, said Felix Reyes, the city’s development director.

“Long term, this is a net benefit to the city,” he said.

Another of the city’s Opportunity Zone projects will be a 200-unit, market-rate apartment complex southwest of downtown near a large General Dynamics engineering center and two medical centers. It builds on neighborhood strength, Reyes said, with construction expected to begin next year.

The same for a single building on Green Street, a quiet downtown side street mostly known as the home of the historic Dutch Tavern. The target is a former commercial building, which is being converted into micro loft apartments with a restaurant, said Reyes.

For communities such as Manchester that might be considering Opportunity Zone investment, a few guidelines from Reyes and others:

For one, the project itself has to be sound.

“Opportunity Zones won’t turn a bad project into a good one,” said David Kooris, the state’s first Opportunity Zone coordinator and now president of Stamford Downtown, the city’s business improvement district.

A city’s staff and governing body must be willing and able to work with developers and business owners. For example, they have to know how to layer different grant programs — brownfield remediation, facade improvement, historic tax credits, etc. — to make a project financially viable.

Finally, said Reyes, cities shouldn’t just look at large projects, but also small ones. He said the revival of a single building can be a catalyst for the revival of a street.


Wilton Heights project seeks new developer

Jeannette Ross  WILTON — Despite having all the approvals in place — on both the local and state levels — the developer for 300 Danbury Road has decided not to pursue the project, according to listing real estate broker Kevin O’Brien.

The developer, the Spinnaker Group, which had been paying the taxes on the property, “decided to put it on hold,” O’Brien said, adding the owners are “hoping they would come back.” Spinnaker backed out at the end of June, he said.

The development, known as Wilton Heights, was to include retail stores and shops with above-street-level residential apartments on 7.4 acres. Public hearings were held in 2019 and 2019 before it received approval from the Planning & Zoning Commission.

With a downtown-type design, five buildings would house 74 two-bedroom apartments above retail within 1,000 feet of the Wilton train station.

“It’s not a great environment for construction. The prices of materials have gone through the roof,” O’Brien said. “We’re all set to go. Now we’re in the process of finding a new buyer.”

A new buyer could go ahead with Wilton Heights as planned, he said, or present a new proposal.

The property continues to be owned by the Donahue and Mannix families, who purchased it in 1965. It has been up for sale since 2012, when the Planning & Zoning Commission denied a request to build a restaurant on the property.


Naugatuck River Greenway project closer to reality

Emily M. Olson  GOSHEN — Members of the Northwest Hills Council of Governments have endorsed the completed Naugatuck River Greenway Thomaston to Torrington Routing Feasibility Study Report this week, taking another step toward providing residents with a recreational opportunity for the future.

Torrington already has established a plan to connect its Torrington Trails Network to Winsted’s Sue Grossman Greenway, the majority of which is found on Winsted Road. To date, the network includes 13 trails in and around the city, including the Downtown River Walk, the John Brown Trail and the Buttrick Trail, which connects the Grossman Greenway to the Blue Trail System between Burr Pond State Park and Sunnybrook State Park.

The next step, now that the study is complete, is to begin working with individual municipalities.

“I would imagine the next step would be to find funding,” said NWCOG Chairman and Barkhamsted First Selectman Don Stein.

Other towns also have created greenway trails, including Litchfield, whose trail runs from Bantam to the center of Litchfield. In Middlebury, a paved trail runs along Route 188. Ansonia, Seymour and Derby all have established greenway trails.

The Naugatuck River Greenway would run 44 miles, from Derby to Torrington. The study presented this week at the NWCOG’s monthly meeting focused on the section of greenway between Torrington and Thomaston. It can be viewed at https://rb.gy/jj6wh8. The BSC Group, an engineering firm, was hired to do the study.

The preferred route, selected by the Project Committee, is described in detail, along with design and construction cost estimates and phasing recommendations. Additional trail development considerations are included.

The study’s preferred route for the greenway from Torrington to Thomaston would begin at Bogue Road off South Main Street, traveling paralell to O&G’s main property. The route continues to the park-and-ride lot on Route 118, near the Route 8 entrance and exit ramps.

At that point, the greenway would follow along the west bank of the Naugatuck River under the Route 118 overpass, and along the eastern side of the Naugatuck Railroad. From there, the greenway would follow the river and sections of Old Route 8 and continue along an abandoned railway bed, near property owned by the U.S. Army Corps of Engineers.

From there, it would continue to an area called Spruce Brook, on the eastern side of the river, passing again under Route 8, and continuing to the Thomason Dam. That area includes Army Corps property where dirt bikes are allowed, as well as hunting, fishing and hiking. The greenway would connect and travel along the dam’s access road to the main entrance, before turning onto Route 222 to the Vista Picnic Area parking lot. Then the trail would cross the Naugatuck Railroad line, heading south along the west side of Route 222 to East Main Street, Thomaston.

Throughout the study’s preferred routes, engineers provided cost estimates for each section, the environmental impact of each section, and the benefits and challenges of each area. For the Bogue Road/South Main Street portion, for example, the COG would require property easements from O&G, installation of a bridge, and a safe way to cross Bogue Road at South Main Street. That portion of the greenway trail is estimated at $2.7 million.


East Hampton residents to vote on upgrading athletic fields

Jeff Mill  EAST HAMPTON — The Town Council will hold a unique combination in-person and virtual meeting Monday to act upon a proposal to renovate three athletic fields and the high school track.

Residents will be asked to vote on approving $1.2 million for the upgrades.

The money for the project will come from two sources: a special fund that was established to pay for the renovation of the track and money that was left over from the high school renovation project that was completed in 2017.

In addition to the track, the proposal also calls for reinvigorating the baseball field and the tennis courts at the school, as well as fixing “a small drainage problem on the soccer field inside the track,” Town Manager David E. Cox said.

“If all goes well, we hope to be in a position to start reconstruction in the spring, based on team seasons and growing seasons,” Cox said in an email.

In order move forward with the proposal — “while also meeting the various guidelines for COVID safety” — the town is encouraging as many residents as possible to attend the meeting virtually, Cox said.

However, “some space will be available at Town Hall” for those who either do not have access to ZOOM or who would prefer to vote in person, he added.

“Members of the press are encouraged to attend in person to act as a set of watchful eyes for the public in the room,” Cox said.

In October, the town had issued a Request for Proposals for design assistance related to the proposed improvements to the fields.

In all, the town received a total of 14 proposals, which were reviewed by a committee comprised of Parks and Recreation Director Jeremy Hall, the high school athletic director, Shaun Russell, the facilities director, Donald A. Harwood, Cox, and a town councilor.

Last Tuesday, the Town Council agreed to retain the committee’s recommended firm, Cheshire-based Milone & MacBroom, to serve as a design consultant to work with the town.

The consultant will be paid $70,000 to “develop plans, implement bidding and help oversee construction,” Cox said.

The town will “bid most, if not all, of the construction work out,” Cox added.