CT Construction Digest Thursday May 5, 2022
Developer eyes 74-unit mixed-income apartment complex in Glastonbury
AManchester-based developer is proposing a 74-unit, mixed-income apartment building in Glastonbury that could be occupied in early 2024 if it gets approval from several town boards.
Developer Richard Hayes Jr., principal of Manchester/Hebron Avenue LLC, is proposing 74 multifamily units for the site at Manchester Road and Hebron Avenue, which is across the street from Buckingham Park and will be known as Buckingham Corners. The building will be five stories tall, according to Hinckley Allen partner Timothy Hollister, who represents Hayes.
Several town committees and commissions still need to sign off on the plan. They include the Conservation Commission, Sewer Commission, Architectural Review Committee and Town Plan & Zoning Commission, which will hold a public hearing on the project May 17.
Hollister said that if city leaders sign off on the plan, construction would start in the fall of 2022 and take about 18 months. Occupancy could begin in early 2024, he said.
Hollister said the building will be L-shaped and wouldn’t be visible from neighboring properties. The property slopes about 40 feet and will be tucked into the hillside, Hollister said.
Hollister said 70% of the units will go for market rate while the other 30% will be for moderate-income households. There will be 85 parking spaces, Hollister said.
Hollister said it wasn’t clear, at this time, how much the project would cost.
Glastonbury Town Planner Jonathan Mullen was out of the office Tuesday and not available for comment.
Contracting Standards Board bill killed in House after passage in state Senate
Hartford — The Connecticut House of Representatives did not raise a bill concerning the state Contracting Standards Board on Wednesday, the last day of the legislative session, leaving it stranded after the Senate passed the bill last week.
House Democratic leaders were ambiguous on whether they would raise the bill when asked during each of the last three days of the legislative session, citing concerns about the legislation from state agency heads, a lack of time remaining in a short session and pointing out that some bills just don’t get picked up.
By a bipartisan, unanimous, the state Senate approved the bill to shore up Contracting Standards Board staff Friday night.
The legislation would have barred the governor from cutting funding to the watchdog agency, which is meant to provide oversight of contracts the executive branch enters into. But an amendment to the bill kept it from going further — the bill also could have allowed the board to investigate all of the state’s quasi-public agencies if that provision wasn’t killed in the Senate on Friday.
House Speaker Matt Ritter, D-Hartford, said Wednesday morning that there were concerns about the bill but the decision to remove the section allowing the board to investigate all quasi-public agencies last week conceivably gave it new life in the House. House Majority Leader Jason Rojas, D-East Hartford, said he’d been speaking with Sen. Mae Flexer, D-Killingly, about the bill, and said he knew she was working with different state agencies on the bill.
Ritter said agency commissioners expressed concerns about the bill.
"It would just slow down a lot of their processes with procurement," Rojas said.
When it became clear the bill wouldn’t be raised Wednesday evening, Flexer called the development “very disappointing.” She said she first heard about state agency concerns this week, even though there was a public hearing process for the bill and the amended version had been out since March.
“Honestly I tried in recent days to get to their concerns and see if there was a way to work on the language to address them, but at the end of the day, unfortunately some people in state government don’t want additional oversight,” she added.
Flexer said the bill was a sort of “companion piece” to the funding for the board in the budget and noted that the bill would have extended extra protections to the board and its funding not included in the budget.
“This bill would have created protection that the Contracting Standards Board has never had. This bill would have treated the Contracting Standards Board like other government watchdog agencies in the Office of Government Accountability,” Flexer said. “I just think it’s disappointing that ... people who have the privilege of doing public work don’t want sunlight on that work by the residents of the state of Connecticut.”
The state Department of Children and Families "felt they have mandates, and they have to move very, very quickly — they thought it was restrictive,” Ritter said, adding that the fact that Senate made changes means DCF was “probably right.”
On Tuesday, the Democratic leaders said they weren’t sure whether agency heads expressing concerns about the bill was coordinated with the governor’s office.
“We gotta work through these comments,” Ritter said at the time. “The DCF commissioner, I absolutely have so much respect for, I think she’s one of the better commissioners in the state. They don’t hit us up a lot with stuff to be honest with you ... her email pointed to some stuff I gotta take really seriously.”
According to Gov. Ned Lamont spokesperson Max Reiss, if the bill was passed in the House on Wednesday, the last day of the legislative session, the governor would review it. Reiss said the governor’s office hasn’t been closely following the bill’s legislative process.
Sen. Cathy Osten, D-Sprague, said Wednesday that the budget, which has now been passed by both the Connecticut Senate and House and is supported by the governor, “has the money for the Contracting Standards Board.”
“We say they can’t do holds or lapses, and they have to hire the staff,” Osten said. “There’ll be a total of six staff, the executive director and five others.”
“We’ve already gotten all the financial protections into the budget,” she said.
Flexer said the fact that the board is going to be staffed for the first time in 15 years "is a huge deal."
Senate passage
“It is the waning days of the legislative session; in order to make progress we must ... make a compromise,” Flexer said Friday when speaking about the removal of the quasi-public agencies component.
“The State Contracting Standards Board was put in place 15 years ago to give the people of Connecticut confidence in contracts government entered into. Since that time, they’ve never really been given the tools to fully function and provide the oversight ... necessary,” Flexer added. “The one staff person that they’ve had has done incredible work over the course of those 15 years, but they have not been fully empowered to realize the vision of this legislation created 15 years ago.”
Flexer referenced Osten, the co-chair of the Appropriations Committee, for working “diligently not only on the bill we’re debating today, but also on a budget we’ll debate soon that will provide the full staffing this contracting standards board needs to realize the purpose it was given 15 years ago.”
The board is not protected in the budget the way it would've been under the bill, "but Cathy Osten did an incredible thing and she made it so the governor's budget office can't make reductions or implement lapses if the budget is in surplus," Flexer said. This means that if the state ever doesn't have a surplus, the governor's office would still have the power to cut funding to the board, which is where the killed bill would have come in.
During a news conference last week with Lamont and legislative leaders, which announced agreement on a budget adjustment, Osten highlighted the full funding allocated to the board.
“We didn’t only take care of the big things, the big things establish everything. We worked together to fund the Contracting Standards Board, something small, only $400,000, it’s in the budget, completely funding it,” Osten said. “We funded small things that make a big difference to the residents of the state of Connecticut.” There ended up being about $467,000 allocated in the budget for the board.
Eastern Connecticut legislators from both sides of the aisle have been in agreement on fully funding the state Contracting Standards Board since at least the beginning of the legislative session.
The board recently completed an investigation into the Connecticut Port Authority. Parts of the board’s report, which criticized past practices of the port authority, were contested by the authority.
Lamont's initial budget proposal allocated $218,770 to the Auditors of Public Accounts for three additional auditors, instead of the additional $467,055 needed to fully staff the Contracting Standards Board. The board, in addition to an executive director and intern, has been seeking to fund five more positions: a chief procurement officer, staff attorney, accounts examiner, research analyst and trainer. While the state legislature approved extra funding for the new staff positions last year, the funding for 2022 and 2023 later was rescinded.
A federal grand jury has issued a subpoena for documents related to Konstantinos “Kosta” Diamantis, the former deputy director of Office of Policy and Management, who was assigned to oversee the Connecticut Port Authority’s $235 million State Pier redevelopment project and also led the state’s Office of School Construction Grants and Review. Diamantis resigned after being suspended amid an ethics probe of his daughter’s hiring by Chief State’s Attorney Richard Colangelo Jr. and a school construction contractor. The FBI is seeking documents related to school construction projects, among other things.
Following public pressure, Lamont reversed course and supported fully funding the board during an interview with The Day editorial board in March.
“I think we’ll probably make a change,” Lamont said at the time. “I didn’t appreciate everyone saying ‘Lamont is cutting the state Contracting Standards Board.’ I funded it the same way all my predecessors have funded it.”
Wednesday May 4, 2022
CT lawmakers set to pass reforms to troubled school construction program
Andrew Brown, CTMirror.org
State lawmakers are poised to enact a number of reforms to Connecticut’s school construction office as a federal investigation continues into the multibillion-dollar grant program.
Legislators in the House folded several changes to the program into the state’s annual budget bill, which they passed early Tuesday morning. The Senate is expected to take up the legislation Tuesday night.
The reforms tighten the bidding procedures for school construction contracts and set stricter deadlines for completing audits of school building projects.
The state Office of School Construction Grants and Review has been in the spotlight since February, when state officials revealed that a federal grand jury subpoenaed records related to the school grant program.
That subpoena — and similar summons that were sent to at least five municipalities — suggest that federal prosecutors are focused on investigating the work of former Office of Policy and Management deputy secretary Konstantinos Diamantis, who ran the school construction office for more than six years.
Diamantis, who previously served as a state Democratic lawmaker, was removed from both his state jobs last October.
Since then, Gov. Ned Lamont’s administration has been reviewing the school construction office in an attempt to foster confidence in the grant program and the financial assistance it provides to municipalities.
The legislation that lawmakers are poised to pass this week came out of that review. Leadership at the state Department of Administrative Services, where the school construction office is housed, asked lawmakers to take up several reform measures at the beginning of this year’s legislative session.
One of the biggest changes requested by the state agency involves so-called construction management companies, which often oversee the budgets, schedules and bidding processes for school construction projects in the state.
In 2019, Diamantis convinced state lawmakers to pass a bill that would enable those construction firms to manage a construction project and simultaneously build part of the schools they were overseeing. The bill referred to that as “self performance.”
That law has remained on the books despite several industry groups complaining that the setup threatened to upend the normal bidding procedures for school construction projects by giving construction management firms an unfair advantage.
Noel Petra, the interim director for the school construction office, told lawmakers earlier this year that the language that was introduced in 2019 could allow a construction manager to perform work on a project without seeking bids from other companies.
“They actually wouldn’t be required to bid it,” Petra said.
Those concerns should be alleviated by the legislation currently wending its way through the General Assembly.
The bill bans construction management firms from performing any of the physical construction work on future school projects. Instead, all of that work will need to be put out to bid to subcontractors.
“Prohibiting self-performance helps ensure consistency between state and municipal projects, promotes competitive bidding along with opportunity and competition in the trades industry and creates a more level playing field between construction managers and subcontractors,” said Lora Rae Anderson, a spokeswoman for DAS.
“We are grateful for the collaboration of our legislators, municipalities, and industry leaders in this process and are hopeful this provision, along with others will help further strengthen the integrity of the school construction grants program,” she added.
The other legislative fix that lawmakers are pursuing involves the financial audits that are performed once a school construction project is complete.
Recent reports have shown that the state is extremely slow in completing those audits, which determine whether municipalities properly used the grant funding they received.
The Connecticut Mirror obtained several recent audits showing the school construction office reviewed projects that were completed more than a decade ago.
To fix that problem, lawmakers plan to implement new deadlines for each construction project. Under the new rules, the state will have five years to complete the audit once students are in the building.
New Britain officials seeking public input on planned completion of multi-use Beeline Trail
NEW BRITAIN – City officials are seeking public input on the planned completion of a multi-use trail that will allow people to bike and walk into nearby towns and far beyond.
An informational meeting on Phase II of the Beeline Trail is set to take place Tuesday, May 10 at 6 p.m. in Room 201 of City Hall, located at 27 W. Main St.
“The Beeline Trail will provide a beautiful option for enjoying our city through the great outdoors,” Mayor Erin Stewart said. “We encourage residents to get involved in the design process so this trail will have the maximum positive impact on our community that it can have.”
City officials are expected to present plans for the proposed design at the meeting and residents will be encouraged to provide feedback.
The CTfastrak Multi-Use Trail currently extends five miles between busway stations at Newington Junction and Downtown New Britain. The trail rejoins the CTfastrak roadway at the East Street Station.
Once complete, the Beeline Trail will connect the CTfastrak Multi-Use Trail with the Farmington Canal Heritage Trail in Plainville. Phase II of the project specifically addresses a 2,400 ft. connection between West Main Street and Corbin Avenue.
The section begins along W. Main, south of the Rt. 72 overpass, continues west to Black Rock Avenue, passing Sherwood Road and Hamilton Street, ending on the east side of Corbin Avenue. Access to this part of the trail will be located on Hamilton Street.
The preliminary design for Phase II has been completed and is estimated to cost $700,000. Construction will be funded with a $600,000 grant from the Connecticut Department of Transportation’s Community Connectivity Grant Program and the City will cover the remaining $100,000.
Once pedestrians and cyclists are able to reach the Farmington Canal Trail in Plainville, it will open up their access to the entire East Coast Greenway, which runs 3,000 miles from Maine to Florida. Connecticut’s section is about 200 miles, running along the coast from Greenwich to New Haven, then north all the way to Simsbury, before turning east towards Hartford and continuing to Sterling before crossing the border into R.I.
The Beeline Trail project was referenced in New Britain’s 2021 Plan of Conservation and Development. One of the city’s plans for the future is enhancing bicycle and pedestrian infrastructure.
With trash plant closing, CT rethinks waste policy
If there is such a thing as a momentous year in trash collection, 2022 could be one. It might have to be.
“We are at a crossroads in Connecticut now,” said Department of Energy and Environmental Protection Commissioner Katie Dykes, whose agency oversees solid waste management.
First, the trash-to-energy plant in Hartford’s South Meadows will close. By late summer, and for the first time in four decades, trucks won’t be delivering trash to the hulking pile of brick, smokestack and steel that evokes the Industrial Revolution.
“The chain will be across the road by Sept. 1,” said Thomas D. Kirk, president and CEO of the Materials Innovation and Recycling Authority, or MIRA, which superintends the facility. It means that hundreds of thousands of tons of Connecticut waste will be shipped to landfills in other states.
No one is happy with this result, seeing it as irresponsible, expensive and stressful to the environment.
However, 20 miles down I-91, a solution may be in the works. Hundreds of Meriden residents are separating their food scraps from other trash so the organic waste can be turned into biogas and fertilizer. It’s a state-funded, four-month pilot program that, if successful, could be replicated in other communities, significantly reducing the stream of waste.
Finally, a bill before the General Assembly, which was passed by the Senate last week, would create a task force to “study and make recommendations for short-term and long-term solutions to the trash problem.”
The key would be the long-term solution. Several MIRA board members, including chairman Don Stein, have called for a stronger state role in solid waste management.
There are models to choose from, and “all should be on the table,” said Laura Francis, first selectman of Durham and co-chair of the Connecticut Coalition for Sustainable Materials Management, a partnership of DEEP and some 90 towns exploring ways to solve what Dykes, Stein and others have called a crisis in solid waste.
Francis said she is encouraged that the often-ignored issue is finally getting the attention of legislators, town officials and some others.
The trash plant
The question surrounding the aging MIRA trash-to-energy plant in Hartford was not if it would close, but when.
It was a coal-burning power plant converted to a trash-to-energy facility in the 1980s. This was a time when almost every municipality had a town dump that was likely releasing greenhouse gases into the atmosphere, polluting groundwater and playing host to an army of vermin.
Turning trash into electricity was seen as a vast improvement, and six trash-to-energy plants were built (four will remain after South Meadows closes; all are more than 30 years old).
The South Meadows plant originally served 70 towns, a number that dwindled to about 50 by 2012. By that point, it was becoming clear that the plant was in dire need of renovation and upgrade. It broke down several times, and efforts to rebuild it fell through. MIRA went to the state in 2020 with a request for $330 million to refurbish the plant. When the state turned down the request, MIRA’s board voted in late 2020 to close the plant by June 30 of this year.
But MIRA still had 48 towns under contract, so they had to make arrangements to have their garbage hauled to landfills in upstate New York, Pennsylvania or Ohio. An initial idea was to turn the South Meadows plant into a transfer station, where waste would be transferred from local collector to interstate haulers. Another was to keep the plant in operation for another year.
Neither concept was terribly popular with DEEP or Hartford city officials, but it appears neither will come to pass. MIRA’s contracts with towns allow the towns to opt out once a year, in the month of March. By early April, 28 towns responsible for about 80 percent of the tonnage had opted out and made their own arrangements with private haulers.
Thus relieved of much of its burden, MIRA will not have to turn the South Meadows into a transfer station, or keep the plant running past the summer, and will also be able to close one of its three existing regional transfer stations, the Watertown facility.
A small amount of waste from the Essex transfer station will be sent to the Covanta trash-to-energy plant in Preston. A company spokesman said Covanta created room for about 40,000 tons a year by moving some existing haulers to facilities in Massachusetts. Still, most of the Connecticut waste is going to end up in out-of-state landfills.
Connecticut produces almost 2.4 million tons of trash a year, of which about 1.4 million are managed by the in-state incinerators. That means almost a million tons must be shipped to out of state landfills. Dykes said the immediate goal is to reduce that number to the point where the state is self-sufficient, managing its own waste, a goal of the state’s 2016 waste management plan.
The Sustainable Materials Management coalition is trying to reach self-sufficiency by significantly reducing the amount of material going into the waste stream. To that end, the coalition has working groups studying unit-based pricing (pay-as-you-throw), improved recycling, food scraps/organics diversion and extended producer responsibility, a notion that producers of materials should share the responsibility of disposing of them.
DEEP also made grant money available to towns to pursue those goals. Meriden was the first grantee.
Co-collection
The Meriden pilot project is based on a European model called “co-collection.” About 1,000 households — customers on a route of the waste hauler HQ Dumpsters, a partner in the program — were provided with color-coded bags. The idea is for residents to put their trash in the orange bag and their food scraps in the green bag, and then put both bags in the same collection cart, hence co-collection.
The bags are separated after collection, with the food scraps going to a firm called Quantum Biopower in Southington, where they are transformed by anaerobic digestion into biogas for energy and then composted for use as nutrient-rich fertilizer. Anaerobic digestion breaks down organic material in the absence of oxygen, creating biogas.
Three months into the program, it has achieved a participation rate of about 50%, said Kristen Brown of the national consulting firm WasteZero, which is monitoring the Meriden project.
The number, she said, is “super-encouraging,” because with further consumer education and implementation of full unit-based pricing, known as pay-as-you-throw, to all of its households, the city could get 70% of the waste out of the system.
Given that the state’s current level of recycling only removes 30-35% of waste, is it possible to double that?
Consider: 30-35% of the waste stream is made up of organics, mostly food waste. If that is diverted to an anaerobic digester, there’s 65-70% left. Pay-as-you-throw can remove 45-55% of what is left, according to Brown’s data. So, 70% of the trash goes elsewhere. She said Brattleboro, Vt., and some other New England towns have reached the 70% goal.
Money saver
Pay-as-you-throw means customers pay for the trash they discard, just as they pay for the water or electricity they use, but not for the recycled or composted materials. The idea is to encourage less trash and more recycling, reuse, donations or other means of lessening trash volume.
Pay-as-you-throw has been a hard sell in Connecticut; only a handful of communities have formally adopted it. But it’s been quite popular in the rest of New England, with some 550 communities on board, Brown said, part of 6,000 across the country. Connecticut produces 740 pounds per capita of municipal solid waste per year, about the national average. In Stonington, which has the state’s most aggressive pay-as-you-throw program, the number is 389 pounds.
Some New England cities with unit-based pricing programs are doing better. Residents of Worcester, Mass., the region’s second largest city, produce 324 pounds of trash per capita, and each citizen of Portland, Maine, puts only 286 pounds of garbage into the waste stream.
Connecticut may soon see more unit-pricing programs. The state made $5 million in grant money available this year for towns to create food scrap collection or unit-pricing programs, and two dozen communities have applied for funds.
The state had made progress over the past 30 years in reducing its waste stream, with such measures as the bottle bill, single stream recycling and recycling of paint, mattresses and electronics. The latter is an example of “extended producer responsibility,” an effort to get manufacturers to take some responsibility for the end life of their products. Officials are trying to extend the concept to tires and gas cylinders.
There are several advantages to reuse and recycling. Keeping food waste out of landfills limits greenhouse gas production. Recycling allows a consumer to get full use of a product or material and reduces the need, and attendant pollution, of extracting raw materials for new products. And in Connecticut’s case, it can save money. It is less expensive to ship a ton of organic waste from Meriden to Southington than to Southern Ohio.
Dykes said her goal is to find alternatives such as anaerobic digestion and “scale them up” so they are available to all state residents. She said the state can play a role, perhaps by guaranteeing to buy electricity from digestion plants, as an incentive to build more of them. She said she receives regular inquiries from developers who want to bring innovative solutions to the state (some have). She said she recently met with a firm that hopes to introduce electric-powered trash collection trucks.
Task force
What happens after that likely will be determined by the task force, assuming the bill authorizing its creation wins House approval before the session ends Wednesday night.
For one thing, it must determine the fate of MIRA, the agency that’s been running the trash-to-energy plant. MIRA still has work to do. The agency has to decommission the plant, which includes removing the environmental hazards. This could take “many months if not a year,” Kirk said. MIRA is also responsible for four jet turbines on the site, backup sources of energy for peak periods of demand, through May 2023.
Its future after that is up in the air.
“You wouldn’t think you’d need a quasi-public agency to run two transfer stations,” said Tom Swarr, a MIRA board member and retired United Technologies engineer who lives in Hartford.
“I’d be surprised to see MIRA still here in its present form in five years,” said State Sen. Norm Needleman, Senate chair of the Energy and Technology Committee and also first selectman of Essex. MIRA was a public option — towns could join MIRA instead of making their own arrangements. As a nonprofit, it had a stabilizing effect on costs and was a successful example of regional service sharing, MIRA chairman Stein has said.
One question the task force must face is whether there should be a public option going forward, Needleman said.
If so, should MIRA be that option? As Brown observed, the agency does have “innovation” in its title. Though it has been tied to the trash-to-energy model for a long time, it could at least theoretically pivot to newer technologies or programs.
Another question concerns residue. Even deploying every available tool to reduce waste, there will still be some left over. Should it be burned? Environmentalists oppose trash burning, believing it adds to air pollution and pulmonary illness. Advocates such as Quirk believe modern technology can clean emissions to a point where they don’t pose a health risk (there is a very modern trash-to-energy plant in Copenhagen, Denmark, with a 1,500-foot artificial ski slope on it).
Dykes agreed that emission scrubbing is moving in the right direction but said the location of the Hartford plant near the highways — transportation is a major source of pollution and greenhouse gases — has created a cumulative health risk for nearby residents.
Needleman said he’d be OK with a modern burn plant, as long as it burned “as little as possible.”
The major challenge facing the task force will be the long-term structure. DEEP has a strong regulatory and advisory role but doesn’t run the program. MIRA chairman Stein, who also is the first selectman of Barkhamsted, believes the state has to step up.
In testimony on March 8 supporting the task force bill, Stein and MIRA co-chair Jim Hayden, former first selectman of East Granby, said solutions based on “a voluntary participation of towns are necessarily impractical, ineffective and inefficient. A statewide approach encompassing each of the 169 towns is required.”
Without “regulation or financial incentive to compel participation and/or public financial subsidy, optimum technologies for managing the entirety of our State’s waste will not be implemented,” they said. Economic considerations will drive towns to the least expensive option, which currently is to transport to “rural mega landfills” in distant states.
The veteran officials put in a plug for “public ownership, operation and control of disposal capacity,” which they said has a “myriad of practical, legal and economic benefits and can provide competitive balance and efficiencies.”
If the state were to take a larger role, what form might it take?
One possibility would be a statewide authority to manage solid waste, as Delaware has. Delaware uses large “modern” landfills, one in each of the state’s three counties, which are lined and capture greenhouse gases. The state has no trash-to-energy plants, does not ship any waste out of state nor allow any to be shipped in, and has achieved a recycling rate of 44%, said spokesman Mike Parkowski.
Another model might be a public utility, such as that used by the city of San Francisco, where an employee-owned company called Recology runs one of the most aggressive recycling programs in the country, achieving a rate of more than 50%. This is aided by a state law that requires businesses and residents to separate organics for composting.
Responsible residents
Trash disposal is not something many people think about — “It’s something they expect government to do,” said former MIRA board member John Adams last year. But residents have a role. They can reuse containers, not use plastic bags, or not buy products with excessive plastic wrap, said Francis.
Jim Therrien works at the Old Saybrook transfer station, and he’s been carrying on a quiet crusade for proper recycling. Therrien regularly posts recycling tips on a community Facebook page and has done a local access television show on the subject. He sees people trying to recycle the wrong things, such as plastic bags or shredded paper, and is trying to get them not to.
He has solutions for two of the more difficult recycling challenges, peanut butter jars and pizza boxes.
A peanut butter jar still coated with the product is contaminated and should not be recycled. But clean it with a spatula and put it in the dishwasher, and it is good to go. If the bottom of a pizza box is contaminated with grease, tear it off and put it in the trash, and recycle the rest of the box.
Asked in a recent interview what the strangest thing someone tried to recycle, he said: “A bowling ball.”
“Duckpin or ten pin?”
“Ten pin — the big one.”