Quietly, Dunkin’ Donuts Park construction lawsuit moves to state Supreme Court

Zachary Vasile

he long-running legal saga pitting the city of Hartford against Centerplan Construction Co., the original developer of Dunkin’ Donuts Park, will enter a new chapter Monday when the case goes before the state Supreme Court.

Centerplan, which was fired from the stadium project in 2016, saw its first attempt to secure $90 million in damages from the Capital City squashed in Hartford Superior Court almost two years ago, but the company appealed that decision and quietly petitioned to move the case in front of Connecticut’s highest court.

In November, the Supreme Court agreed to hear the case and oral arguments are scheduled to begin Monday at 9:30 a.m., court records show. 

Hartford officials this week said they continue to stand by the city’s decision to part ways with Centerplan as the project’s developer.

“We always knew that Centerplan would appeal,” said Corporation Counsel Howard Rifkin, “but we have always been confident that, in firing Centerplan, the city did exactly the right thing to protect the taxpayers of Hartford from an irresponsible contractor — a position clearly and strongly affirmed in Superior Court.”

The city hired Middletown-based Centerplan and DoNo Hartford LLC — both controlled by developer Robert Landino — in early 2015 to build a ballpark for the minor-league Double-A Hartford Yard Goats.

Less than a year in, however, the project was running millions of dollars over budget and months behind schedule. The developers got an extension, but by the spring of 2016, it had become increasingly clear that the stadium would not be completed on time.

Subsequent inspections of the property turned up a number of problems, including hot water pipes that didn’t work properly and a non-functional scoreboard. The issues forced the Yard Goats to play their first season on the road.

In May 2016, Hartford Mayor Luke Bronin called the $47.1 million bond on the project. One month later, the city’s contract with Centerplan was officially terminated, and performance bond insurer Arch Insurance Co. hired a new contractor to complete the stadium.

Landino maintained that the project was behind schedule because of multiple last-minute design changes ordered by the city of Hartford.

Arch Insurance later sued Centerplan, and Centerplan subsequently sued the city of Hartford, setting up a nearly three-year legal battle that culminated in a Superior Court trial over the summer of 2019.

The jury ultimately sided with the city, finding that Centerplan and DoNo were responsible for the cost overruns and delays that prompted their dismissal from the project. The developers were ordered to pay Hartford $335,000 in damages.

Centerplan petitioned to have the jury’s verdict set aside, arguing that it should not be held responsible for mistakes made by the project’s architect. The company also found fault with the court’s instructions to the jurors, which it said tipped the scales in favor of the city.

Gov. Ned Lamont wants to put $103 million in federal funds into workforce training. Here's how that would work.

Luther Turmelle 

Gov. Ned Lamont wants to invest $103 million the state is receiving from the American Rescue Plan Act to retrain workers who have lost their jobs as a result of COVID-19.

Lamont said the proposed investment represents “the biggest commitment to workforce development in the history of the state.” But with 140,000 Connecticut residents currently out of work, he said it is critical for the legislature to approve this level of reinvestment in the workforce.

“Last month, we had more job postings out there than any time in the last decade,” Lamont said. “Our greatest competitive advantage is the quality of our workforce, and we’ve got to work at it every day.”

Increasingly, Lamont said, jobs across every employment sector require technology skills. “It’s every business now,” he said. “It’s not just Amazon and Facebook. This is a once-in-a-lifetime opportunity to shape the future of Connecticut’s workforce and ensure it aligns with the needs of the post-pandemic, 21st century economy.”

Lamont’s proposal includes:

 $95.5 million to retrain and improve the skills of 9,000 displaced workers through job se $2 million to provide job training and educational support to 1,000 currently or previously jailed youth and adults to help them find high-quality jobs that meet the needs of employers.ctor-focused training programs.

 $3.7 million to extend the operating hours of 10 CT technical education and career system programs, so that hundreds more individuals can be served each year.

Lamont’s proposal was endorsed by State Rep. Caroline Simmons, D-Stamford, who is co-chair of the General Assembly’s Commerce Committee. Simmons said the investment in workforce training “is critical to attracting businesses and preparing our workforce for 21st century jobs.”

Business leaders who participated in a virtual press conference Thursday said the proposed initiative will allow their businesses to unlock the potential and talent of underserved communities.

“There is a lot of trapped talent out there, particularly in the urban cores,” said Marty Guay, vice president of business development for Stanley Black & Decker. “We need to find people who are at a minimum digitally literate, or better yet, digitally fluent. For us, this is job one.”

Technology giant Infosys opened its Connecticut operations in 2018 and promised to create 1,000 jobs in the state by 2022. The company’s president, Ravi Kumar, said that Infosys has hired 750 people so far and that the growth of the business is evidence that “there is going to be rapid digitization across all industries.”

“It’s going to be all about how we re-skill, re-purpose existing talent pools,” Kumar said.

The demand for retraining of workers isn’t being driven solely by the rapid advancement of technology across all business, according to Jeff Flaks, president and chief executive officer of Hartford Healthcare.

“Sixteen percent of our nurses are at or near retirement age,” Flaks said. “Healthcare is transforming, and it’s absolutely critical we identify new skill sets.”

Flaks’ counterpart at Yale New Haven Health, Marna Borgstrom, said that while many of the jobs that need to be filled require technological skills, once someone is able find a job within the healthcare system “we have very robust tuition assistance and mentoring programs.”

Lamont’s plan was endorsed by an executive with one of Connecticut’s largest employers in the manufacturing industry and a representative of a construction workers union.

Dave Roche, president of the Connecticut Building Trades Council, said he expects to see much of the state’s employment growth in the future to come from work in the wind power and solar energy sectors, as well as from the development of data centers around the state.

“I think there is going to be a lot of opportunity out there,” Roche said. “Some of the (talent) funnels are already there. We just need to put them on steroids.”

Andrew Bond, vice president of human resources for General Dynamics’ Electric Boat division — which has a significant presence in Groton and Southeastern Connecticut — said his company is in a period of growth that hasn’t been seen “since World War II and the start of the Cold War.”

“Our need is persistent and ongoing,” Bond said. “Our peak hiring won’t be until 2029. We’re looking to increase interest in ship building with people who don’t yet know they want to be ship builders.”

To meet the demand for skilled manufacturing employees, the WorkPlace in Bridgeport is launching an adult training program. The organization provides workforce development services for both employers and individuals.

Joe Carbone, president and chief executive officer of The WorkPlace, said the program starts on June 7 at Derby High School and will provide the type of training programs that will lead to a degree program in manufacturing at Housatonic Community College.

Asbestos found at Brookfield school, cleanup and demolition work expected to cost $50K

Currie Engel

BROOKFIELD — After asbestos was found in the veneer of a wall at Whisconier Middle School, the town expects to pay roughly $50,000 for demolition of the wall and removal of the asbestos, in addition to reconstruction costs.

Asbestos was found about a month ago by chance during construction work on the facade of an outer wall. Some bricks had been falling off the facade, creating a safety hazard. In an effort to address the falling brick problem, it was being taken down. The asbestos was found during demolition.

“We just know that when we started that demolition work and it was found, we couldn’t just patch the bricks and repair it that way,” said Rosa Fernandes, Board of Education chairwoman. “It wasn’t on the interior of the building, but anytime asbestos is found on school property, the area that it’s found, all of it needs to be completely cleaned out.”

Staff, parents and the state were immediately notified, and an inspector was brought in for proper site demolition and removal, Fernandes said. The wall is not in an area that students generally walk in, and First Selectman Steve Dunn said that the asbestos was found on the outside of the building in the brick’s mortar.

“We don’t want parents to worry,” he said.

While the school was already going to have to pay to repair the building’s facade, the asbestos surprise added considerably to the cost of the project, officials said.

Dunn said he was not worried about the unexpected costs of demolishing the wall and removing the asbestos, and that it would be covered by the school contingency fund set aside in the budget for emergencies. He noted that the “emergency safety issue” was one that needed to be addressed immediately.

“This certainly qualifies as an emergency repair,” he said.

The issue and associated costs were discussed at a Board of Finance meeting Wednesday. Dunn said he believed the reconstruction project would go out to bid soon.

This is not the first time asbestos problems have plagued the town’s middle school. In 2002, Brookfield public schools went through an asbestos cleanup during the summer, and high concentrations of asbestos were found in the middle school’s new wing. In 2005, an 8-year-old boy entered a 40-foot, on-campus trailer that was contaminated with asbestos from debris related to an asbestos removal project at the school.

At this time, school officials do not plan to search for asbestos in other parts of the building, according to Fernandes.

“I think that’s something that is always a possibility with these old buildings and I think that’s across all schools in the state and country probably,” Fernandes said. “There’s no reason at this point to go exploring for that.”

Work on state-of-the-art Middletown pool complex, including splash pad, to begin in fall

Cassandra Day

MIDDLETOWN — The $2 million project to completely redo Veterans Memorial Pool into a beautifully landscaped complex including a splash pad, upgraded bathhouse and parking areas will get underway after the summer season ends.

Funding will come from the $33.5 million parks bond voters passed in 2015, and in-house services will save a great deal of money, said Public Works Director William Russo, who couldn’t give an exact figure. He compared the savings to last year’s work at Crystal Lake, originally estimated at $1.6 million. The final price tag was between $950,000 and $975,000, “significant savings,” he said, of almost $650,000 using local laborers.

“We’re basically the general contractor on the job rather than having someone come in,” he said. “With COVID, everyone suffered. I do whatever is in my power to put Middletown tradespeople to work.”

Renderings show a C-shaped pool area, shaded picnic tables and benches, a large bathhouse, new parking areas and lots of green space.

The 63-year-old outdoor recreation area, on a hill 25 feet above Walnut Hill Road, has outlived its lifespan, according to Russo. “It’s tired. When constructed, it will probably be the most modern, beautiful pool that can be built.”

Many longtime residents talk about having learned to swim there, Russo said. “Like any other facility in Middletown, it has tons of history,” he said.

It will feature state-of-the-art technology, and be entirely ADA-compliant, with a zero-entry walkway, as compared to the current, cumbersome chair lift for the handicapped, the director said. “Building codes then are not what they are now,” he said.

The project is a collaboration between the engineering and landscape architecture firm Milone & MacBroom of Cheshire, edm Architecture - Engineering - Management of Unionville, and Aquattica Pools & Water Parks of New York.

The master plan, presented at the January Common Council meeting, can be accessed at middletownct.gov.

Part of the design includes a new splash pad on the lower level of the site, separate from the pool, to allow better access for the public, according to edm. The building is built into the hill so people can access from the water feature on the lower level and the pool on the upper level.

The director has gotten more questions about the splash pad from people than any other other facet of the project, he said. Shaded areas will be incorporated into the design throughout, and a concept of a beach area is also being floated, Russo said.

The six-lane pool will be used for public sessions, Vet’s Pool Summer Swim Team activity, and can be rented out for meets and travel teams, Russo said. Recreation & Community Services‘ new aquatics director will manage the facility once complete.

What used to be the storage room in the basement of the building is being turned into public restrooms, making the building location and renovation very convenient for both the upper pool and the lower splash pad, edm said on its website.

Parking spots will be far enough away from the pool to keep the facility safe from incidents, such as an accident a few years back when a motorist hit the gas pedal instead of the brake, crashed through the fence and ended up in the kiddie pool, Russo said. “It was a minor miracle there. Thank God there was no one in the pool,” he said.

The city’s multi-use trail will be connected nearby at Jackson Street, near the Water and Sewer Department on Berlin Court, so North End residents can safely walk or bike under Newfield Street/Route 3 to the site, Russo said. It will run by the Coginchaug River, behind the Sports Hall of Fame on Bernie O’Rourke Drive and end at West and Washington streets, allowing pedestrians and bicyclists to avoid the busy highway, Russo said.

Work will be done concurrently with that at Veterans Park.

Security cameras will be positioned throughout, just as with all other city facilities, he said. “Anybody can look up and see eyes in the sky,” he said.

The hope is to start demolition after Labor Day weekend, with work continuing as long as possible before winter sets in. It’s expected to reopen for the 2022 summer season, Russo said.

The next Public Works & Facilities Commission meeting is May 12 at 6:30 p.m. at City Hall Room 208. For information, visit middletownct.gov.

CT finance panel approves restaurant bailout, new taxes on wealthy and digital ads

Keith M. Phaneuf

he legislature’s Finance, Revenue and Bonding Committee approved state income tax cuts Thursday for the poor and middle class and a one-time bailout for restaurants, largely funding them with two tax surcharges on the wealthy and a new levy on digital media ads.

The Democrat-controlled panel also endorsed a revenue package that includes a new highway use tax on large, commercial trucks and new state and municipal sales taxes on recreational marijuana.

But the package, which represents an overall state tax increase of approximately $600 million per year, also would shift more than $1 billion in revenues outside of the spending cap and tap more than $2 billion from one-time sources — moves Republicans said lack fiscal transparency and responsibility.

Gov. Ned Lamont, who is more fiscally conservative than many of his fellow Democrats in the legislature, wasted little time Thursday in saying he would not support the package.

The revenue plan, adopted largely along party lines, now will be coupled with the spending proposal for the next two fiscal years that was adopted Wednesday by the Appropriations Committee. Together they form the foundation for final negotiations on a new state budget between legislative leaders and Lamont. The two sides hope to reach a deal before the regular legislative session ends on June 9.

“Our challenge in the wake of a devastating health and economic crisis was to put together a budget that met the moment and helped Connecticut businesses and families recover,” said Rep. Sean Scanlon, D-Guilford, House chairman of the finance committee. “With this proposal, I believe we’ve done that. … We are putting more money in the pockets of those who need it most right now and making investments in policies that will help grow our state.”

A major income tax break for the poor and middle class
The Guilford lawmaker noted the package includes one of the largest tax breaks in state history for working class families, built in part on his proposal for a new state income tax credit for families with children. This will provide about $150 million in relief next fiscal year and $300 million in 2022-23, according to the nonpartisan Office of Fiscal Analysis.

Along with that, the committee plan would raise the income tax credit for working poor families from 23% to 40% of the federal Earned Income Tax Credit, granting those households about $77 million more per year.

Connecticut’s restaurant industry was among those hardest hit by the pandemic, and the panel endorsed a one-time bailout for these businesses worth nearly $50 million.

The state imposed a 1% sales tax surcharge on restaurant meals back in 2019. The measure debated Thursday would allow restaurants to keep the revenues from that surcharge — but just for the next year.

Democratic legislators, who control both the House and Senate, have conceded since the session began in January that tax relief for some groups would not happen without imposing tax hikes on others.

That’s because analysts project state finances, unless adjusted, would run more than $2.5 billion in deficit over the next two fiscal years combined.

Asking the wealthy, big corporations to pay more
The finance committee plan would draw $235 million from the state’s rainy day fund, about $117.5 million per year, to help balance the next budget.

It also would direct $1.9 billion of the $2.6 billion in direct federal aid received through the latest pandemic relief measure — an average of $942 million per year — to close the deficit in the next budget. Lamont is expected to recommend a plan Friday to use the remainder of the federal funds to expand various human service, education, and economic development programs.

To finish balancing the budget and to pay for tax relief, though, the committee approved several new tax hikes. Two of them, aimed at wealthy households, would generate a combined $760 million per year.

One involves a 2% surcharge on the capital gains earnings of singles with incomes above $500,000 per year, and on couples earning more than $1 million.

A second levy aimed at the wealthy technically was labeled a consumption tax, but actually operates as another income tax surcharge. The basic concept is that households with higher earnings can purchase more and therefore should pay a higher sales tax.

The consumption tax, proposed by Sen. John Fonfara, D-Hartford, the committee’s other co-chair, originally had been aimed at households earning more than $140,000 per year, but the final version approved Wednesday only applies to individuals making at least $500,000 per year with tax rates ranges from 0.7% to 1.5%. For example, a person earning $500,000 annually would be taxed at 0.7%, and pay $3,500. 

Lamont has argued that frequently increasng state taxes on the rich would drive them away from Connecticut, a point echoed by several Republicans at Thursday’s committee meeting.

When asked about the committee’s proposals during a 4 p.m. briefing on the coronavirus infection and vaccination issues Lamont didn’t mince words.

“No, it’s not something that I would sign,” the governor said. “For the first time in many years, Connecticut’s got really good momentum, and that’s in terms of GDP [Gross Domestic Product] and employment and new businesses and people moving to the state of Connecticut. I think part of that is people have recognized we’re beginning to get our fiscal house in order.”

The governor added that moving funds outside of the spending cap “are sort of the same games that got us into trouble over the last 30 years. And respond to that by just more taxes, that’s not the way I think we should be going as a state.”

But Scanlon noted that while some segments of the economy were clobbered during the pandemic, the stock market — overall — has boomed, and the wealthy generally have done very well.

“I don’t penalize them for that, I don’t demonize them for that,” Scanlon added. “But … there are many of us still suffering.”

The committee also endorsed a new tax on digital ads that’s expected to generate between $150 million and $162 million per year from online giants such as Google and Facebook.

GOP: Plan threatens budget transparency and stability
But while Republicans balked at the tax hikes, warning they would stifle economic growth statewide at the worst possible time, many objected even more strongly to how the revenue would be used.

The package includes a proposal from Fonfara that would dedicate money from several sources, including the state Earned Income Tax Credit, the digital ads tax, and the consumption levy to a new “Connecticut Equitable Investment Fund” that would be dedicated to Connecticut’s distressed municipalities.

But Republicans noted that close to $1 billion would be removed from the limitations of the state budget’s spending cap, and would largely be overseen by a nine-member council comprised chiefly of state officials.

“It is such an incredible disappointment I can hardly describe,” said Rep. Laura Devlin, R-Fairfield, who said the lack of transparency and oversight over huge amounts of public tax dollars is potentially a major retreat from fiscal reforms both parties adopted just four years ago. “It is this out of control spending that had our state going down a really horrible path.”

“It is not respectful to the citizens of our state,” added Rep. Terrie Wood, R-Darien. “It leaves me speechless to be honest.”

But Fonfara has argued on several occasions that Connecticut, for too many years, has ignored “this gross inequity, this incredibly regressive burden [placed] on the least able in our communities.”

Other elements of the revenue package adopted Thursday include:

A new highway use fee on large commercial trucks, expected to generate $45 million in 2022-23 for the budget’s Special Transportation Fund.
Suspending a previously approved plan to eliminate the 10% surcharge on the corporation tax. This will cost Connecticut companies $80 million next fiscal year and $50 million in 2022-23.
Maintaining a restriction that bars most  couples without children from claiming the $200 property tax credit within the state income tax. The state blocked households without dependents or seniors from accessing the credit, but that was supposed to expire in 2021. This will cost low- and middle-income couples $53 million per year.
And allowing online lottery sales, which would generate close to $19 million per year for the state.
In other business Thursday the finance committee also approved:

— A separate measure taxing the sale of marijuana for recreational use that would establish a 20% state sales tax, and a 3% municipal sales tax.

Should the legislature vote later this spring to legalize marijuana sales, the state tax would generate $116 million per year. Municipalities that choose to allow marijuana sales for recreational use within their borders would receive an estimated $18 million per year.

— A bipartisan plan to preserve Connecticut’s debt-riddled unemployment trust fund that would curb benefits for workers and asking more from the business community as a whole. But the deal, which has been endorsed by both major business and labor coalitions, actually would reduce unemployment taxes starting in 2024 on about three-quarters of all businesses. Those that lay off high numbers of workers, though, would pay more.

Connecticut has borrowed roughly $700 million from the federal government since the pandemic began to cover unemployment benefit costs and the projections hold that debt may exceed $1 billion before the majority of its population has been vaccinated.

— A new two-year bond package. The committee endorsed $1.87 billion in General Obligation [G.O.] bonds for the 2021-22 fiscal year and $1.74 billion for 2022-23. G.O. bonds, which are repaid with revenues from the budget’s General Fund, are the principal tool used to finance municipal school construction work, economic development initiatives, capital projects at public universities and colleges, and renovations to state buildings. The package also includes $837 million in transportation bonding and $281 million in financing for clean water projects in the first year of the new biennium and $930 million and $237 million, respectively, in the second.