August 2015 co web by Ucane

A publication of the Utility Contractors’ Association of New England, Inc.

AUGUST, 2015

UCANE Interview

Rep. Paul A. Schmid, III (D-Westport)

• UCANE and DCAMM Working Together on P requalification P rocess • Massachusetts E arned Sick Time L aw • Lee Gives Initial OK to Gas Tax

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IN THIS ISSUE

OFFICERS President TONY BORRELLI Celco Construction Corp. President Elect JOHN OUR Robert B. Our Co., Inc. Treasurer PAUL SCENNA Albanese D&S, Inc. Secretary RICHARD PACELLA, JR. R. M. Pacella Inc.

BOARD OF DIRECTORS MARCELLA ALBANESE Albanese Bros., Inc. VINCENT BARLETTA Barletta Heavy Division NICK BIELLO J. D’Amico, Inc. KEVIN COLE J. F. White Contracting Co. STEPHEN J. CONNOLLY ATS Equipment, Inc. MAUREEN DAGLE Dagle Electrical Const., Corp. THOMAS DESCOTEAUX R. H. White Const. Co., Inc. ALEX DUNN Travelers GREG FEENEY Feeney Bros. Excavation, LLC JERRY GAGLIARDUCCI Gagliarducci Construction, Inc. PHIL JASSET Honorary Board Member AL MORTEO FED. CORP. JOSEPH PACELLA RJV Construction Corp. BRIAN RAWSTON Jay Cashman, Inc. KENNETH STEVENS A. H. Harris Construction Supplies PAUL A. UMBRO Umbro & Sons Construction Corp. CHRIS VALENTI GVC Construction, Inc. DAVID ZOPPO R. Zoppo Corp. ANNE KLAYMAN Executive Director

3 President’s Message:

UCANE and DCAMM Working Together on Prequalification Process

5 Legislative Update:

• Baker-Polito Administration Provides Grants for Water Protection and Habitat Restoration • As Revenue Figures Increase, Legislature Overrides Many of Governor Baker’s FY16 Budget Vetoes • NAIOP Massachusetts Files Motion to Intervene in Stormwater Lawsuit • Municipalities Look to Address Increasing Water Infrastructure Needs • Governor Baker to Implement New Procedures for Public Records Requests

15 UCANE Interview:

Representative Paul A. Schmid, III (D-Westport)

19 Labor Issues:

Massachusetts Earned Sick Time Law

31 Save the Date...UCANE’s 61st Annual Banquet 33 Spotlight on Cape Cod:

Barnstable County Marine Water Quality Monitoring Program Obtains State Funding

36 UCANE’s 36th Annual Golf Classic 47 Safety Corner:

What Habits Matter Most? The Habit of Safety

51 People Swam in the Charles River: For Fun! 53 Massachusetts Municipal Association News: • Local Officials Discuss DEP Primacy for Stormwater • Lee Gives Initial OK to Gas Tax

57 Financial Management: • • • • •

Facing College Costs What You Should Know About Student Loans Restructuring Education Debt Why You Need a Will SIMPLE 401(k) Plans May Appeal to Employees

Editor: Anne Klayman, Associate Editor: Suzanne Savage, Graphic Designer: Sherri Klayman Construction Outlook Chairman: Tony Borrelli Editorial Board: Tony Borrelli, John Our, Paul Scenna, and Richard Pacella, Jr. CONSTRUCTION OUTLOOK published monthly by the Utility Contractors’ Association of New England, Inc., 300 Congress Street, Suite 101, Quincy, MA 02169; Tel: 617.471.9955; Fax: 617.471.8939; E-mail: aklayman@ucane.com; Website: www.ucane.com. Statements of fact and opinion are those of the authors alone and not necessarily those of UCANE and the Construction Outlook editorial board and staff. Subscriptions are included in dues payments for UCANE members. Presorted Standard postage paid at Abington, MA. POSTMASTER, please send form #3579 to Construction Outlook, Crown Colony Office Park, 300 Congress Street, Suite 101, Quincy, MA 02169.

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UCANE and DCAMM Working Together on Prequalification Process One of the greatest benefits of being a UCANE member is having the ability to share and discuss issues affecting our industry with legislators and agency heads, and working collectively to address them. This is one of the major reasons our Association was founded, and it is very gratifying when it happens. The latest example of this benefit recently occurred when several UCANE contractor members met with DCAMM Commissioner Carol Gladstone and her staff to express industry concerns over the “five-year lookback” currently used by the Division of Capital Asset Management and Maintenance (DCAMM). For anyone unfamiliar with the process, state law requires that all contractors doing public building construction be “prequalified.” DCAMM is the agency responsible for certifying that contractors are: (1) experienced in the category of building work that they do, and (2) financially capable – in order that they may bid Chapter 149 public projects.

CAMM’s prequalification process involves a review of projects that a contractor has completed in specific categories within the past five years. For UCANE members, the categories of concern are “Water and Sewer Treatment” and “Pumping Stations.” After being contacted by several members, UCANE quickly determined that most of our members who have built these types of projects over the years were being negatively affected by DCAMM’s short five year lookback provision. Due to the limited number of projects in these two categories being constructed in the past five years, contractors were either losing their certifications or seeing their certification capacity reduced because their prior projects were falling beyond the five year window. In a second related issue, our members expressed concerns that some projects that are ostensibly advertised as Chapter 30 (horizontal) construction are suddenly being turned into a Chapter 149 (building) project because the design engineer included a small building component into the scope of work. The field of bidders in these cases is limited to only those that have DCAMM certification with a rating equal to the entire project (not just the building component). This requirement excludes many qualified Chapter 30 contractors from bidding, and those contractors may very well have been the bidders that were most qualified to do the project. UCANE contacted Commissioner Gladstone to express both of these concerns on behalf of our membership. Not only did the Commissioner return our call personally, she spoke at length to the UCANE staff about the details, and arranged a meeting at her office within two weeks.

AUGUST, 2015

On July 24, Tom Descoteaux (R. H. White Const. Co., Inc.), Ron Gillis (Barletta Heavy Division), and I, along with UCANE staff members, met with the Commissioner and her key personnel to discuss the two issues. The Commissioner quickly understood our concerns and how they affected our member contractors – both large and small. She also immediately recognized how these issues are creating a reduced pool of eligible bidders, which tends to raise project costs to cities, towns, and public agencies – and ultimately every taxpayer in the Commonwealth. Ideas were exchanged and there was a real sense of teamwork between government and industry. I thought it was a great meeting. The Commissioner and her staff assured us they would continue to research the best solutions to mitigate or resolve the issues we presented to them. They welcomed the open line of communication and look forward to working with us towards a mutually acceptable and timely solution. The idea of state government being more accessible, was a promise made by the Baker-Polito Administration, and if our experience at DCAMM is any indicator, then I think their plan is being implemented. Working together certainly beats finger pointing and butting heads, and the ultimate beneficiaries will be the Massachusetts taxpayers.

So while most of us are wrapped up on jobsites every day trying to put that extra piece of pipe in the ground, UCANE continues to keep an eye on industry issues, maintain a level bidding playing field, and work towards opening up more bidding opportunities for all of us. n

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Baker-Polito Administration Provides Grants for Water Protection and Habitat Restoration

he Baker-Polito Administration recently announced $480,568 in grants from the Massachusetts Environmental Trust (MET) for projects to protect and restore rivers, watersheds, and wildlife across the Commonwealth. Since it was founded in 1988 as part of the Boston Harbor cleanup, MET has awarded more than $20 million in grants to organizations statewide that provide a wide array of environmental services, from supporting water projects in communities to protecting coastal habitats. Funding for this program comes from the sale of the state’s three environmentally-themed specialty license plates: the Right Whale Tail, the Leaping Brook Trout, and the Blackstone Valley Mill. The grants will help support 12 projects in Arlington, Barnstable, Belmont, Bourne, Boxford, Chilmark, Falmouth, Hanover, Milton, Pittsfield, Wareham, and Wellfleet. The grants awarded by the Baker-Polito Administration include: Berkshire Environmental Action Team, Inc. (Pittsfield): $35,682 has been awarded to develop a program for training citizen scientists to survey stormwater outfalls during dry weather conditions. Buzzards Bay Coalition (Wareham): $45,000 has been awarded to restore the Weweantic River and its estuary by removing the physical barrier that restricts the natural movement of important migratory fish and the tides at the site of the Horseshoe Mill in Wareham. Cardinal Cushing Centers (Hanover): $40,000 has been awarded to remove Tack Factory Pond dam. Friends of Herring River (Wellfleet): $40,000 has been awarded for the Herring River restoration project rare species monitoring. Massachusetts Association of Conservation Commissions (Belmont): $30,000 has been

AUGUST, 2015

awarded to create and make available a free online, on-demand course for brand new conservation commissioners. Massachusetts Maritime Academy (Bourne): $40,000 has been awarded to map benthic habitats in Buzzards Bay. Mystic River Watershed Association (Arlington): $60,405 has been awarded to develop a Mystic River recreation flagging system. Neponset River Watershed Association (Milton): $20,000 has been awarded to begin the process of removing two small dams and modifying a third to benefit native brook trout populations. Parker River Clean Water Association (Boxford): $44,000 has been awarded for head-starting Blanding's Turtle hatchlings in the upper Parker River. Sheriff's Meadow Foundation (Chilmark): $40,000 has been awarded to restore a section of the Mill Brook in Chilmark where fish passage has been impeded by an earthen berm and two undersized, improperly sited culverts. Three Bays Preservation Inc. (Barnstable): $25,481 has been awarded to quantify impacts of oyster aquaculture on estuarine nitrogen related water quality. Town of Falmouth: $60,000 has been awarded to remove Lower Bog Dam on the Coonamessett River and begin active restoration of Lower Bog. MET, established by the Massachusetts Legislature as a state trust in 1988, is governed by a ninemember board of trustees appointed by the Secretary of Energy and Environmental Affairs. continued on page 7

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Legislative Update continued from page 5

As Revenue Figures Increase, Legislature Overrides Many of Governor Baker’s FY16 Budget Vetoes

espite the delay in getting a FY16 budget to the Governor, the Massachusetts legislature wasted no time in overriding a number of Governor Baker’s vetoes to the budget. In reversing $97 million of the $162 million in gubernatorial vetoes, the Massachusetts legislature relied on the fact that state tax collections in June spiked 6.2 percent above June 2014 levels and receipts for the fiscal year that ended June 30 were up 6.7 percent for the year. Overall, revenue is nearly $400 million over the benchmarks used for state budgeting purposes. The Massachusetts Department of Revenue reported that sales tax collections totaled $5.774 billion and were up 5.1 percent for fiscal 2015, but fell $53 million below benchmark. Income tax collections totaled $14.374 billion, or $419 million above benchmark. Corporate and business taxes were $8 million above benchmark for the fiscal

year after beating the June benchmark by $45 million. The state collected an estimated $1.669 billion in capital gains taxes in fiscal 2015. That total far exceeds a $1.048 billion threshold above which capital gains taxes are required under state law to be transferred to the state's rainy day or stabilization fund. Among the vetoes of interest, the Governor vetoed and the legislature overrode funding for early kindergarten expansion ($17.6 million); UMass funding ($5.2 million); Commonwealth sewer rate relief ($1 million) in addition to additional funds for the Massachusetts Department of Environmental Protection ($325,000), among other items. The legislature, which left approximately $65 million worth of vetoes untouched, can revisit them at any time during the remainder of the 2015-2016 legislative session. continued on page 9

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Legislative Update continued from page 7

NAIOP Massachusetts Files Motion to Intervene in Stormwater Lawsuit

ccording to a press release from NAIOP Massachusetts, the organization filed a Motion to Intervene in the Conservation Law Foundation, Inc., et al v. United State Environmental Protection Agency, et al. lawsuit currently underway. Seeking to compel the United States Environmental Protection Agency (EPA) to impose a new regulatory program that would require owners of commercial, institutional, industrial and high density residential properties in the Charles River watershed with one acre or more of impervious area (parking lots, roofs, sidewalks) to apply for a stormwater discharge permit, the Conservation Law Foundation (CLF) initiated the lawsuit in April of 2015. NAIOP decided to intervene in the case given the significant impact this duplicative and burdensome regulatory program would have on property owners in a watershed that includes 35 communities and covers 310 square miles. The basis for the CLF complaint alleges that nutrients, including phosphorus, in runoff from a number of "commercial, industrial, institutional, and high density residential" properties are polluting the Charles River. The goal of the lawsuit is to force the EPA into using its "Residual Designation Authority" (RDA) in the 35 communities that make up the Charles River Watershed to create a new stormwater permitting program. This proposed program would be in addition to the recently issued stormwater permitting program for municipal separate storm sewer systems (MS4s), which collect and manage a substantial portion of the stormwater discharged into the Charles River from developed properties. In 2010, the EPA proposed an RDA pilot stormwater permitting program in the towns of Milford, Franklin, and Bellingham. As proposed, this program would require property owners to construct costly, retrofitted stormwater treatment systems. The EPA funded a study to determine the potential costs to comply with its proposed permitting program. Though the pilot program targeted properties with two acres or more of impervious area, compared to the one-acre threshold demanded in the pending lawsuit, the total cost for property owners in the three communities to comply with

AUGUST, 2015

the proposed permitting program was estimated by the EPA to be at least $180 million. Based on the EPA's cost estimates, NAIOP Massachusetts estimates that expanding the stormwater permitting program to all 35 communities in the Charles River Watershed would impose compliance costs well in excess of $1 billion. NAIOP Massachusetts, the Commercial Real Estate Development Association, represents the interests of companies involved with the development, ownership, management, and financing of commercial properties. According to NAOIP Massachusetts, its membership of 1,600 members are involved with more than 240 million square feet of office, research & development, industrial, mixed use, retail, and institutional space and over 50,000 apartment units in the Commonwealth, valued at more than $40 billion. continued on page 11

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Legislative Update continued from page 9

Municipalities Look to Address Increasing Water Infrastructure Needs

s municipalities continue the process of determining their water infrastructure needs, rate increases have been proposed in the Town of Winchester and the City of Revere. According to the Winchester Patch, Winchester residents and businesses, who have not seen water and sewer rates increase in Winchester in a number of years, will soon see an increase in rates. Beginning in fiscal year 2016, the water and sewer rates in Winchester will increase by 4 percent in the last two quarters of the fiscal year, then in all of fiscal years 2017 and 2018. The 4 percent increase will amount an increase of about $3 for the average user, the Daily Times Chronicle said. According to the report, the average user pays $84.11 per quarter, but will be $87.27 in fiscal year 2016, $90.57 in fiscal year 2017, and $93.99 in fiscal year 2018. In the City of Revere, the Revere Journal reports that the Revere City Council voted to set a new water rate for fiscal year 2016, which begins

July 1. The new residential rate for water is $3.82 per 100 cubic feet, down from $3.91 per 100 cubic feet in fiscal year 2015. The new commercial rate is $5.80 per 100 cubic feet, up from $5.76 per 100 cubic feet. The City Council also voted to approve almost $20 million in bond orders for water and sewer work that has to be done because of the Clean Water Act consent decree to address illegal discharges into the water and sewer system. The bonding will address: $1.7 million for the testing of the sewer and drain system; $800,000 for illicit connection detection; $13.45 million for the capital improvement construction of stormwater and wastewater collection systems; and $2.9 million for illicit connection removals. When the city bonds for the consent decree it is actually utilizing a low-interest loan from the Massachusetts Water Resource Authority (MWRA). continued on page 13

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Legislative Update continued from page 11

Governor Baker to Implement New Procedures for Public Records Requests

ccording to a press release issued by his office, Governor Baker announced administration-wide measures to improve transparency and public access to government records and information, including a reduced and streamlined fee structure and more efficient communications and responses to requesters. The new procedures will be implemented over the coming weeks. The procedures being implemented by the Baker-Polito Administration seek to improve compliance with requirements under the existing public records law. In doing so, the Administration hopes to more diligently respond to the number of public records requests while reducing delays and costs to requesters and continuing to protect the personal information of taxpayers and service users. Improvements to public records responses will include, but not be limited to: • Secretariats and agencies will designate a Records Access Officer (RAO) to receive and coordinate requests and establish an internal tracking system to ensure compliance with the administration’s public records policy and existing law. RAO’s contact information will be posted on an agency’s website along with helpful instructions for submitting public records requests. This is similar to what the federal government does to comply with federal law governing records disclosures. • To improve communications with the public, secretariats and agencies through their RAO will notify a requester within five days if the records they are seeking may take more than 10

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days and/or $10 to produce. Requests should be fulfilled in no more than eight weeks, with any extension being explained to a requester in writing. • Secretariats and agencies will regularly make available frequently requested information and/or records on their website and provide information as able, in electronic, searchable formats. • The Administration will waive search and retrieval fees for standard public records requests, provide at no cost the first four hours of work required for more complex requests, and charge no more than $25 per hour for additional time required and notify the requester of those costs in advance. • The Administration will implement standardized production costs in response to public records requests, and in the interest of cost savings and environmental purposes, fulfill requests electronically as able. Anticipated costs associated with the new public records policy will include: • Electronic Copies: No charge for duplication • 1-4 precisely defined documents: No charge • Black and White Hard Copies: 10 cents per page for single- and double-sided copies. • Color Hard Copies: 50 cents per page Costs for discs, thumb-drives, or other storage devices necessary to transmit requested documents still apply. More information about this new initiative will be available in the coming months as agencies come into compliance with the new standard. n

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Rep. Paul A. Schmid, III (D-Westport)

Q: A:

Please give our readers some insight into your background and how you got involved in politics.

I am a former Marine Corps Sergeant, having served both active and reserve duty in the United States Marine Corps. I am a long-time local farmer and businessman being involved in different business after graduating Harvard Business School. Since 1962 I have lived in Westport with my family on the South Coast of the Commonwealth. In 2010 I was elected to be the State Representative for the 8th Bristol District which includes Fall River, Westport, New Bedford, and Freetown. Previously, I had served on the Finance Board and as a Selectmen in the town of Westport. In February of 2015, I was named Chairman of the Committee on Environment, Natural Resources and Agriculture. I am very thankful that Speaker DeLeo showed great trust in me to lead the committee and am very excited to hit the ground running and continue to learn about the environment and promote agriculture throughout the Commonwealth. My wife Tina and I operate River Rock Farm, where we raise grass-fed Angus beef cattle. We have been certified organic for about five years. My father purchased the herd in 1961 down in Maryland. We raise calves to 24-28 months and sell their meat directly to the consumer. We make all our own feed, about 150 tons of organic hay. I am the proud father of two and grandfather of two.

Representing a geographically diverse House district with both large and small municipalities that have varying water uses, you are aware that every municipality has unique water infrastructure needs. Please discuss your thoughts relative to the importance of local asset management planning and financing for the maintenance of the infrastructure that transports clean drinking water.

The diversity of the region I represent presents many challenges. Fall River and New Bedford own the water rights for their

AUGUST, 2015

greater geographic areas and both communities have unique issues in providing clean water. The number one issue facing both communities is an aging water infrastructure system. Adequate water supply is vital to growing business as well as serving an increasing residential population. It is important for the legislature to continue to address our water infrastructure fiscal challenges to maintain and up-grade infrastructure or current systems. In Fall River, a new CSO project is being constructed as well as new construction on culverts that empty into the Taunton River, which were originally built at the turn of the last century. These improvements will go a long way to improving the water quality not only to benefit the residents and businesses of Fall River, but communities in the surrounding watershed. The financing of these projects in Fall River is an important issue and we must continue to work at the state and federal level to find ways to continue these vital projects without fiscally over-burdening our cities. The issues facing smaller towns like Freetown and Westport, which do not have sewer systems and rely more on well water, are mainly nitrogen and other nutrients running off into the watershed. In the legislature, we have to make sure that towns without sewerage have the capacity to mitigate nitrogen and for the water quality of those residents. continued on page 17

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Interview continued from page 15

The Legislature passed, and Governor Patrick signed, landmark water infrastructure legislation last session. Can you share your thoughts about the potential for Chapter 259 of the Acts of 2014 to address municipalities’ water infrastructure needs? UCANE recognizes that there is more work to be done to close the $21.4 billion water infrastructure financing gap; what areas relating to water infrastructure maintenance and financing do you believe the Legislature should prioritize?

I believe there are two issues to focus on regarding water infrastructure that overlap with last session’s passage of the water infrastructure legislation. The first is financing. We have to make sure we keep funding available as to not burden our communities with debt for vital water services. The other, in terms of maintenance, is timing. Many of our water pipes that are built underground need maintenance and replacement and it would be beneficial to better coordinate our roadway improvements with water improvements. This way our municipalities are not trying to tackle road repair and water improvements at separate times and at perhaps a higher cost.

As the House Chairman of the Joint Committee on Environment, Natural Resources and Agriculture, can you describe some of the initiatives you hope to work on that will address the Commonwealth’s water infrastructure needs? Are there other initiatives before your committee that you see as having strong potential to support economic development and positive growth in municipalities?

Currently in front of the committee we have a number of bills addressing additional water infrastructure needs that we are going to hear in the fall. Many have to deal with funding sources and other municipal relief for sustainable water resource projects. Additionally, I am interested in seeing the regulations related to the water infrastructure legislation as well as TMDL’s (Total Maximum Daily Loads) which would give the legislature some

Many of our water pipes that are built underground need maintenance and replacement and it would be beneficial to better coordinate our roadway improvements with water improvements. This way our municipalities are not trying to tackle road repair and water improvements at separate times and at perhaps a higher cost. guidance and a clearer path to finding solutions to these issues. I personally have filed some legislation regarding solving nitrogen related issues and am very interested in working with my colleagues on the committee as well as in the administration to find a solution that will be beneficial to future generations.

As Chairman of the Joint Committee on Environment, Natural Resources and Agriculture, could you share some of your priorities for the 2015-2016 session?

As Chairman of the Joint Committee on Natural Resources, Agriculture and the Environment I am focused on promoting agriculture throughout the Commonwealth. Roughly 10% of what we eat is grown locally and we are seeing a massive demand for locally grown and raised food. I want to make it a top priority to get more residents to eat and buy local. With the water issues facing California and other parts of the west where most of our food comes from, we cannot continue to rely on those areas for food. And, food grown in drought areas will continue to be more costly. Water plays a huge role in local agriculture as evidenced by the challenges our West Coast is facing. The committee also will take up issues concerning genetically modified organisms, bees, and climate change that I am very much looking forward to hearing bills on and gathering more information on. I am looking forward to continuing my role as Chairman through the current session. n

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Massachusetts Earned Sick Time Law n November 4, 2014, Massachusetts voters approved Ballot Question 4, popularly O known as the Earned Sick Time Law (“EST Law”), MGL c. 149 §148C. The Office of Attorney General (OAG) issued final regulations on June 19, 2015. The final regulations are found at 940 CMR 33.00. The law is ambiguous. Its regulations are detailed and employee friendly. The following is a brief description of the law and its final regulations. Summary. On July 1, 2015, employees who work for employers having eleven (11) or more employees may earn and use up to 40 hours of paid EST time per year. Employees working for employers with less than 11 employees may earn and use up to 40 hours of unpaid EST per year. An employee is entitled to use EST if required to miss work for specific events defined in the EST Law. EST Law events are broader and more employeefriendly than the events specified in the unpaid federal Family Medical Leave Act (FMLA). Employees earn one (1) hour of EST for every 30 hours worked. Employees accrue EST hours on the date of hire or on July 1, 2015, whichever is later. Employees can use accrued EST leave on the 90th day after hire. Employees must make a good faith effort to notify an employer in advance of the need for EST leave. Employers may request an employee provide verification of EST leave within seven (7) days after it is taken. Employers may require certification for EST leave if an employee uses EST for more than 24 consecutively scheduled work hours. An employer cannot delay an EST leave or payment to an employee because it has not received verification or certification. Employees can carry over up to 40 hours of unused EST to the next year. Employees cannot use more than 40 hours accrued EST in a year. Employers who have had their own leave policies providing 40 hours or more paid time off, usable for the same purposes and under the same conditions as the EST Law, are not required to provide additional leave. Employers do not have to pay

AUGUST, 2015

employees for unused sick time at year end or upon termination of the employment. Employers are prohibited from interfering with or retaliating because an employee’s exercise of EST rights or from retaliating against an employee based upon an employee’s support of another employee’s exercise of such rights. The OAG enforces the EST Law, using the same enforcement procedures applicable to other state wage laws. Employees can also file suits to enforce EST rights. A successful Plaintiff employee may be entitled to back pay, reinstatement, treble damages and attorney’s fees. The remainder of this article highlights key terms of the EST Law and its final regulations. Effective Date. The EST Law took effect on July 1, 2015. Safe Harbor: The OAG published a detailed Safe Harbor. Simply, for employers who, as of May 2, 2015, provides an EST eligible employee at least 30 hours paid time off for 2015, and who provides the same protections as required by the EST Law, shall be deemed compliant with the EST Law for those employees during the transition year, July 1, 2015 through December 31, 2015. An employer who does not provide all its remaining employees the right to accrue 30 hours paid time off prior to May 2, 2015, must otherwise comply with the EST Law. No employer should rely on the Safe Harbor without careful consideration of each of its terms. 940 CMR Section 33.03 (36-39). continued on page 21

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exempt or commission employees will be presumed to work 40 hours per payroll week. Employees accrue sick time only for hours worked, not during other absences such as vacation, paid time leave, or earned sick leave. Employer PTO Policies. An employer who has its own sick leave or paid time off policy, may substitute their own policy for EST so long as all employees can use at least the same amount of time, for the same purposes, under the same conditions, and with the same job protections provided by the EST Law. An employer may use different paid leave policies for different groups of employees, so long as all employees can use at least the same amount of continued on page 23

Other Leave Laws. An employer can require EST run concurrently with time off provided by other statutory leave laws, such as the Family and Medical Leave Act, the 2014 Massachusetts Parental Leave Act, the 2014 Massachusetts Domestic Violence Leave Act, and the Massachusetts Small Necessities Leave Act. Covered Employees. All full-time, part-time, temporary or seasonal employees whose principal place of employment is Massachusetts, are covered employees entitled to accrue EST even if a majority of their working time is not worked in Massachusetts, and even if neither they nor their employer reside in Massachusetts. Covered Employers. All private sector employers whether keep your employees on or not their principal place of businey, Why choose sit o is m ey, keep your employees on e wit ness is in Massachusetts, are sube n site h Our Outhouses, Inc. m s mo wi ject to the EST Law. Employers i th e m with 11owned or more mustwe offer a Family andemployees team oriented, provide paid EST. Employers with fast, responsive service. Family owned and team oriented, we offer a 10 or less employees must provide fast,unpaid responsive service. EST. toilets meet OSHA standards for • Our portable occupational safety and health EST covered • Our portable Events. toilets meetEST OSHA standards for events include: (1) care for a • Our Outhouses offers competitive pricing and occupational safety and health physicaldiscounts or mental illness, injury or volume de • Our Outhouses competitive pricing and other medicaloffers condition of an emnclu er i s t •ployee’s Wediscounts provide multi-state ni volume child, spouse,service parent, or ap All u toiletcp udheand l parent of a spouse; (2) care for the 10% off n y ssper • Our portable toilets are winterized to allow you 2-pulnitsteirlep • We provide multi-state service 6 mon a ths if y r first a l employee’s own physical or mental . l ou men Aand wtoileittizer and year round use tion is h 1th n 100% y %booroc illness, injury or other medical con• Our portable toilets are winterized to allow 2-pl staerless 6 mo6nm ffff yhouurre!first t hosnifth Our Outhouses offers affordable insurance r. wa (3) routine medical year•dition; round use attend um yo mtehnistio ysoif and sanitize bnrotchhisu euntion options that cover related appointments or field those of andamage emraed! ! • Our Outhouses offers affordable insurance child, parent orcharge •ployee’s We provide nextspouse, day delivery at no options that cover field related damage parent of spouse; and (4) address • Oureffects Outhouses domestic is fully insured and bonded • Wethe provide nextofday deliveryviolence at no charge on themselves or their dependent. • We have an advanced vehicle fleet of trucks • Our Outhouses isliberal fully insured and accessibility bonded EST is more than with GPS, developed with job FMLA. site Unlike FMLA, the medical event is in have mind an advanced vehicle fleet of • We trucks not required to be a serious mediwith• GPS, developed with job site accessibility Our units can be safely rigged for crane cal condition. in mind deployment Domestic Violence. The • Our unitsand can be safely rigged for crane •EST Choose a the locally owned company that Domestic Violence deployment understand job site requirements. We are not a laws are integrated. Distinct renation-wide company inflexible policies quirements apply to with domestic • Choose a locally owned companyviothat events. Exercise •lence Our toilets and extreme can We withstand understand job are siterugged requirements. are not a caution company in potential vioconstruction site working conditions nation-wide withdomestic inflexible policies lence matters. • Our toilets are rugged and As canofwithstand Accrual Rate. July construction site working conditions 1, 2015, employees who have worked for the employer for 90 P. O. Box 115 • Centerville, MA 02632 days are eligible to accrue EST at P.O. Box 115 the rate of one (1) hour for each 30 hours of work to a maximum 40 Centerville, MA 02632 hours per year. Overtime salaried Ti T i

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Increments. The smallest amount of EST an employee may take is one (1) hour. If more than time, for the same purposes, under the same conone (1) hour of EST is taken, the employer may only ditions, and with the same job protections provided charge the employee EST either in hourly increments in the EST Law. Specifically, the employer’s time off or in the smallest increment available under the emmay be substituted for earned sick time so long as its ployer’s payroll system, whichever is smaller. paid time off policy allows: Rates of Pay. Employees who are paid an a. accrual at the rate of no less than one hour hourly rate, including their shift differential, must be for every 30 hours of work; paid the same hourly rate for EST leave. Employees who are paid different rates may be paid either: (a) b. pays the same hourly rate to employees as the rate they would have received had they worked required by the EST Law; the hour(s) while on EST leave; or (b) a blended rate c. permits all time off authorized under the EST calculated using the employer’s customary weighted Law; average. While shift differentials are includable in the d. is made available to employees under the hourly rate, other pay premiums and overtime are not same conditions of notice and documentation as the includable in calculating EST wages. EST Law; and, Fringe Benefit Contributions. As a matter e. employer’s policy extends to all EST Law. of the EST Law, fringe benefit contributions are not inCalendar Year. Like the FMLA, an employer cludable in determining the hourly rate of pay. Labormay base annual EST accrual on a non-discriminaManagement Funds may demand contributions for tory, consistently applied 365 consecutive day time EST leave. The obligation to contribute may depend upon whether the collective bargaining agreement reframe. quires contributions for hours paid rather than hours EST Usage. As of July 1, 2015, employees who worked. Disputes involving fringe benefit contributions were hired on or before April 2, 2015 must be allowed are likely subject to the agreement’s dispute resolution to use their EST time as it accrues. Other employees procedure and not enforced by the OAG. must be allowed to use EST no later than ninety (90) Payments in Lieu. The EST Law and reguladays from their date of hire, as EST is accrued. tions are silent in regard to whether payments made in lieu of benefits are includable in the EST hourly rate of pay. Water Works Specialist Prevailing Wage John Hoadley and Sons Inc. (PW). Water Works Specialist Tel:781-878-8098 Fax:781-878-5298 The EST Law and its regulations Water Works Specialist are silent Fax:781-878-5298 in regard to the hourly Tel:781-878-8098 Tel: 781-878-8098 Fax: 781-878-5298 rate of pay for EST leave for an “Our Products the Most Trusted NamesNames in theinIndustry” “OurIndustry” Products Are the Most Trusted Names in the Industry” employee employed on a project “OurAre Products Are the Most Trusted the � U.S. Pipe ● Cultec Chambers � U.S. Pipe ● Cultec Chambers subject to the Prevailing Wage � Mueller Fire Hydrants ● National Pipe & Plastics • U.S. Pipe • Cultec Chambers Law.● PW pay& is ordinarily owing for � Mueller Tapping Sleeves & Valves ADS Pipe Chambers � Mueller Fire Hydrants ● National Pipe & Plastics • Mueller Fire Hydrants • National Pipe� &Smith Plastics Blair Clamps & Couplingshours ● General Foundryon-site. Castings worked � Mueller Tapping Sleeves & Valves ● Valves ADS Pipe Chambers • Mueller Tapping Sleeves & • &ADS Pipe & Chambers Mechanical Services Except where � Tapping Sleeves & GatesNotification. Installed / Cut • Clamps Smith & Blair Clamps & Couplings • General Foundry Castings � Smith Blair Couplings ● General Foundry Castings � Line Stop / EZan Valvesemployee learns of the need Mechanical Services � Cutting of Chilled Water Lines & Steam Lines to use the earned sick time within Mechanical Services � Pressure Testing & Disinfection of New Mains � Tapping Sleeves & Gates Installed / Cut a shorter period, employers may � Installation & Testing of Backflow Preventers 24 Hours • Tapping Sleeves & Gates Installed / Cut Sales& Service � Large Diameter require Hydraulic Pipeup Cuttingto 7 days’ � Line Stop / EZ Valves notice. An Serving all of • Line Stop / EZ Valves � Hydrant Installation & Repair New England employer may require employees � Cutting of Chilled Water Lines & Steam Lines � Electronic Leak Detection • Cutting of Chilled Water Lines & Steam Lines to at use its reasonable notification “Water-Sewer-Drain Supplies a Competitive Price” • Pressure Testing &&Disinfection � Pressure Testing DisinfectionofofNew NewMains Mains www.hoadleyandsons.com system required to communicate • Installation && Testing ofof Backflow � Installation Testing BackflowPreventers Preventers 24 24Hours Hours672 Union Street Rockland, MA 02370 employee absences (or tardiness) • Large Diameter Hydraulic Pipe Cutting Sales& Service Sales & Service � Large Diameter Hydraulic Pipe Cutting or requesting leave. For anticipated • Hydrant Installation & Repair Serving ofof Servingallall multi-day absences, an employee � Hydrant Installation & Repair New • Electronic Leak Detection NewEngland England may be required to notify his em� Electronic Leak Detection ployer of the expected duration of “Water-Sewer-Drain Supplies at Supplies a Competitive Price” Price” “Water-Sewer-Drain at a Competitive the leave. If unknown, on a daily bawww.hoadleyandsons.com www.hoadleyandsons.com sis unless the circumstances make such notice unreasonable. To limit 672 Union Street MA Rockland, 672 Union Street Rockland, 02370MA 02370 continued on page 25

Labor Issues continued from page 21

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Labor Issues continued from page 23 abuse, it is recommended employers strengthen their notice of tardiness and absenteeism rules. It remains unclear if discipline imposed for an employee’s failure to use a non-discriminatory notice rule will be deemed a violation of the EST Law. Non-EST protected lateness or absence is unaffected by the EST Law. Verification. Employers may require employees to verify that they used EST for allowable purposes. However, employers cannot require employees to explain the nature of an illness or details of domestic violence. Employees may be required to submit documentation within seven (7) days of taking EST, unless, for good cause shown, an employee requires more time to provide such documentation. Employees who failed to provide verification make the EST absence an “unprotected activity” and EST pay may be recouped. Certifications. In contrast to “Notice” and “Verification”, employers cannot require medical certifications unless the EST: (a) exceeds 24 consecutively scheduled work hours; (b) exceeds three (3) consecutive scheduled work days; (c) occurs within two (2) weeks of scheduled end of employment; (d) occurs after four (4) unforeseeable and undocumented absences within a three (3) month period; or (e) for employees 17 and under, occurs after three (3) unforeseeable and undocumented absences within a three

AUGUST, 2015

(3) month period. If a certification is permitted under one of these circumstances, an employer may require an employee to provide the written certification within seven (7) days after taking EST Leave. If an employee fails to comply with these requirements, an employer can recoup the sum paid for the EST from a future payment as long as the employee was on notice of this practice. Employers may never require employees to provide documentation explaining the nature of the illness or the details of the domestic violence. Fitness for Duty. Employers may require an employee to provide a fitness for duty certification from a medical provider before returning to work after using EST if such certification is customarily required and consistent with industry practice or state or federal safety requirements and the employer has a reasonable belief that the employee may pose a significant risk of harm to himself or others. EST Payment. EST payment must be paid on the employee’s next regular pay day. Carry-Over. Employees may carry over up to 40 hours EST each year but are not permitted to take more than 40 hours of EST in any one year. Break in Service. According to a regulatory schedule, an employee is allowed to carry-over accrued EST after a break in service. Upon re-employment after continued on page 27

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Labor Issues continued from page 25 a break in service of up to four months, an employee maintains the right to use any unused EST accrued before the break in service. Following a break in service of between four and 12 months, an employee maintains the right to use EST accrued before the break in service if the employee’s unused bank of EST equals or exceeds 10 hours. Following a break in service of up to twelve months, an employee has not EST carry-over, but the employee does not need to restart the 90-day vesting period. Abuse. Employees are expressly prohibited from invoking EST as an excuse for being late to work. The conundrum for employers is segregating protected EST leave from unprotected tardiness and absences. The regulations state if an employee is exhibiting a clear pattern of abusing EST before or after a weekend, vacation, or holiday, an employer may, unless the employee provides verification of authorized leave, discipline the employee for misuse. EST Discriminations. Examples of discriminatory acts enumerated in the regulations include, but are not limited to: a. denying use or delaying payment of EST; b. terminating an employee for EST use; c. taking away work hours in retaliation for EST use;

d. negatively altering the terms or conditions of employment for EST use; e. disciplining an employee under the employer’s attendance policy for EST protected leave; f. giving an employee undesirable assignments or schedule changes for EST use; or, g. giving false negative references for future employment in retaliation for EST use. Termination. Accrued EST is not payable upon termination. Notice of EST Rights. Employers are required to provide new hires notice of EST Law rights. EST Poster. Employers are required to post a current EST Law notice and provide copies to employees. The EST poster below is available online at the OAG Earned Sick Time website. Recordkeeping. Employers are required to maintain documentation of accrual and EST usage for a minimum three years and provide employees access to these records. Employers that provide employees with a lump sum of 40 hours or more of sick leave at the beginning of each year do not need to track accrual or allow any rollover as long as the provided leave is otherwise consistent with the law. Employers who prefer not to track accrual of EST may use the following schedule and provide lump sums of sick leave or paid time off to their employees. continued on page 29

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Labor Issues continued from page 27 For employees working an average of: a. 37.5 – 40 hours per week, provide 8 hours per month for 5 months. b. 30 hours per week, provide 5 hours per month for 8 months. c. 24 hours per week, provide 4 hours per month for 10 months. d. 20 hours per week, provide 4 hours per month for 9 months. e. 16 hours per week, provide 3 hours per month for 10 months. f. 10 hours per week, provide 2 hours per month for 10 months. g. 5 hours per week, provide 1 hour per month for 10 months. Employers using these schedules will be in compliance even if an employee’s hours vary from week to week. EST Policy. Employers are required to promulgate and distribute to employees a written EST policy. Conclusion. Employers should review their personnel policies to determine compliance with the EST Law. PTO policies may need revision to comply with the law. Employers need to develop systems to track employee EST and improve notice of tardiness and absenteeism policies. n

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Barnstable County Marine Water Quality Monitoring Program Obtains State Funding $500,000 Program to Launch in FY2016 BARNSTABLE COUNTY, MA – Barnstable County will expand its marine water quality monitoring to include all estuaries and key near shore stations with $250,000 in matching funds from the Commonwealth of Massachusetts. Governor Baker included the state funding as a part of his certification of the Cape Cod Areawide Water Quality Management Plan Update.

he Cape Cod Water Protection Collaborative proposed an expanded monitoring program as part of its FY16 budget. The proposal, contingent on the receipt of a one-to-one match from the Commonwealth, was approved by the County Commissioners and the Assembly of Delegates. “Cape Cod is confronting its long neglected wastewater problem that is responsible for degrading its iconic bays and estuaries,” said Collaborative Chairman Larry Ballantine of Harwich. “After much public discussion, the Cape is committed to implementing a new approach to managing its wastewater problems.” The 208 Plan Update relies heavily on an adaptive management approach to measure and understand the impacts of nitrogen-reduction interventions. The monitoring program will establish a comprehensive baseline for that analysis and chart the effectiveness of water quality projects. In turn, this will help towns reduce the size and cost of capital projects. “We want to help towns build only what’s necessary to solve the problem,” Ballantine said. Monitoring is now a combination of individual and disconnected efforts funded with local, county and

AUGUST, 2015

state funds. Barnstable County will become the clearinghouse for a coordinated monitoring and data storage program. Under the terms of the grant, the County will use $250,000 of its own funds and $250,000 from the state to expand the monitoring program to include not just the existing ongoing monitoring of water quality at selected stations in Nantucket Sound but to incorporate the monitoring of Buzzards Bay and Cape Cod Bay as well. This $500,000 in annual monitoring funds will test all Cape waters for total nitrogen, dissolved oxygen, continued on page 35

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Cape Cod continued from page 33 turbidity, pH, temperature, nitrate/nitrite, ammonia, ortho-phosphate, total phosphorus, chlorophyll and salinity. With this information, the County can build the Â Â Â Â database necessary to assess progress and under- Â Â Â Â stand remaining water quality challenges. In addition, the County is committed to developing robust web based access to the data for the public to ensure that Â Â trends in water quality are known to, and understood Â Â Â Â by, the general public. â&#x20AC;&#x153;A strong monitoring program will ensure that Â Â Towns know exactly how much progress they are Â Â making toward achieving water quality goals,â&#x20AC;? said Â Â Andrew Gottlieb, Executive Director of the Collaborative. â&#x20AC;&#x153;The partnership with the Commonwealth speaks volumes of the commitment Governor Baker and Environmental Secretary Matt Beaton have to helping the Cape improve its water quality. This investment will help communities save money and is a critical endorsement of the work being done here on the Cape.â&#x20AC;? The Collaborative will issue a Request for Proposals to solicit bids on the expanded monitoring program, which will commence in April of 2016. Reprinted with permission from the Reporter, newsletter of the Cape Cod Commission. n

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AUGUST, 2015

Helicopter Ball Drop... A Great New Addition to Our Golf Tournament

hen most of us were shoveling ourselves out this winter, it may have seemed as though summer would never arrive and that we would never enjoy another day of golf. But Mother Nature was kind to us. Summer finally did arrive, and the weather cooperated perfectly for UCANE’s 36th Annual Golf Tournament at Brookmeadow Country Club in Canton, MA, both of which contributed to another successful and sold-out event. Year after year, it is our members’ generous support and sponsorships that make our tournament one of the most popular events of the year, with special thanks to our Corporate Sponsor Taylor Oil Company and our Lobster Clambake Sponsor E. J. Prescott, Inc. Many golfers began showing up long before the 8 a.m. registration time to enjoy the Continental Breakfast sponsored by ATS Equipment, Inc. They were also given “Goody Bags” sponsored by P. Gioioso & Sons, Inc. which were fully packed with everything from golf balls and travel mugs to frisbees and Dig Safe hats. Our friends at Roadsafe Traffic Systems, Inc. once again provided all of the sponsor signs on the golf course and in the clubhouse.

AUGUST, 2015

The Par 3 – 6th hole served as the location for our “Closest to the Pin” contest, which was sponsored by HD Supply Waterworks. Our celebrity “golfer” for this year’s tournament was young New England Patriots Defensive Tackle Dominque Easley. Dominque had never taken a swing with a golf club before, but he had a lot of fun trying, and his lack of experience on the golf course certainly made it easier for the golfers to get into the 50/50 raffle! The Snack Shack at the 10th hole was the perfect setting for everyone to enjoy the Barbecue Lunch sponsored by Schmidt Equipment, Inc. Our golfers were able to keep cool throughout the day with the help of our two Cold Drink Carts sponsored by KAF and The Vellano Companies, Inc. McCourt Construction Co. again sponsored the $25,000 Hole-in-One Contest. While there were a few birdies at the hole, no one was able to get an ace and collect the prize. The same held true for the $10,000 Putting Contest sponsored by Dagle Electrical Construction, Corp. Unfortunately no one was able to hit the big putt for the ten grand. continued on page 39

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Golf Tournament continued from page 37 At the conclusion of the round, golfers came to the clubhouse for the Social Hour sponsored by TQuip Sales & Rentals, Inc. and eagerly anticipated an event new to the tournament this year…the Helicopter Ball Drop sponsored by HD Supply Construction & Industrial White Cap. This event proved to be one of the highlights of the day, as the helicopter buzzed the clubhouse and golfers who had purchased tickets anxiously watched as 500 golf balls were dropped from the chopper onto the 18th hole. The person with the ticket number that corresponded with the number on the golf ball that was in or closest to the hole took home the $2,500 50/50 prize. This raffle was well received by everyone in attendance and is sure to be a sellout at next year’s tournament. After the excitement of the helicopter drop, golfers went upstairs to the dining room to enjoy the first class Lobster Clambake Dinner featuring 2-pound lobsters, all the clam chowder one could eat, pulled pork, cornon-the-cob, roasted potatoes, and garden salad. After that “light meal,” golfers enjoyed the Ice Cream Sundae Bar sponsored by USI Insurance Services, LLC. Awards were given out to the top four teams, as well as for the closest to the pin 50/50 raffle. Closing out the festivities was the raffle drawing for the more than 50 amazing prizes ranging from pavilion seats at Fenway to a Weber gas grill.

What makes this tournament truly special is that our members and friends continue to support this event year after year. On behalf of the UCANE staff, we want to thank everyone who helped make this tournament another huge success. We greatly appreciate your generosity! n

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A special thank you to our sponsors for their continued support of UCANE’s Annual Golf Tournament Corporate Sponsor

TAYLOR OIL COMPANY Lobster Clambake Sponsor

E. J. PRESCOTT, INC. $25,000 “Hole-in-One” McCOURT CONSTRUCTION CO.

Social Hour T-QUIP SALES & RENTALS, INC.

$10,000 Putting Contest DAGLE ELECTRICAL CONST., CORP.

Ice Cream Sundae Bar USI INSURANCE SERVICES, LLC

Helicopter Golf Ball Drop HD SUPPLY CONSTRUCTION & INDUSTRIAL WHITE CAP

Cold Drink Cart KAF THE VELLANO COMPANIES, INC.

“Closest to the Pin” against N.E. Patriots Dominique Easley HD SUPPLY WATERWORKS Continental Breakfast ATS EQUIPMENT, INC. Barbecue Lunch SCHMIDT EQUIPMENT, INC.

Golf Prizes BARLETTA HEAVY DIVISION DeFELICE CORPORATION LIDDELL BROS., INC. Guest Sponsors JAY CASHMAN, INC. (4) TAYLOR OIL COMPANY (2) WALSH CONTRACTING CORP. (1)

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RAFFLE SPONSORS:

AGGREGATE INDUSTRIES - N.E. REGION 2 Pair of Red Sox Tickets AMERICAN SHORING INC. 43-Inch AQUOS TV & Golf Bag A. F. AMORELLO & SONS, INC. Pair of Red Sox Tickets BAKERCORP Weber Gas Grill & 3 Bags w/Golf Items BROOKMEADOW COUNTRY CLUB Golf for Four w/Carts EJ Pair of Red Sox Tickets

FED. CORP. Pair of Anti-Gravity Lounge Chairs HD SUPPLY CONSTRUCTION & INDUSTRIAL WHITE CAP 2 Milwaukee 18V Cordless Circular Saws & Milwaukee 18V Cordless Reciprocating Saw LORUSSO CORPORATION 2 Pair of Red Sox Tickets Pavilion Seats NORFOLK POWER EQUIP., INC. Golf Balls

NORTHSTAR INS. SERVICES, INC. Pair of Red Sox Front Row Tickets RAIN FOR RENT - NEW ENGLAND Nike Driver STORMTRAP, LLC 3 Callaway Golf Shirts TAYLOR OIL COMPANY Pair of Red Sox Tickets UNITED CONCRETE PRODUCTS, INC. 2 Pair of Red Sox Tickets D. W. WHITE CONSTRUCTION, INC. Golf for Four w/Carts Back 9 Golf Club, Lakeville, MA

PUTTING GREEN SPONSORS: Adler Tank Rentals Gencorp Insurance Group Aggregate Industries - N.E. Region Hinckley Allen, LLP Barletta Heavy Division Liddell Brothers, Inc. (2) Biszko Contracting Corp. Lorusso Heavy Equipment, LLC Jay Cashman, Inc. S. M. Lorusso & Sons, Inc. Chapman Waterproofing Co., Inc. Mabey, Inc. DeFelice Corporation McWane Ductile Desanctis Insurance Agency, Inc. Northeast Traffic Control Equipment Corp. of America Services, Inc. GVC Construction Inc.

E.J. Prescott, Inc. RJV Construction Corp. SPS New England, Inc. TGA Cross Insurance Taylor Oil Company United Rentals Trench Safety J. F. White Contracting Co. R. H. White Const. Co., Inc. C. N. Wood Company, Inc. Zurich Surety

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AUGUST, 2015

GOODY BAG SPONSORS: P. Gioioso & Sons, Inc. Goody Bags American Equipment & Fabricating Corp. Luggage Tags Aqua Line Utility, Inc. Golf Balls Dagle Electrical Const., Corp. Frisbees & Golf Tees Dig Safe Systems, Inc. Hats, Pens, & Key Chains Griffin Dewatering N.E. Corp. Golf Balls A. H. Harris Const. Supplies Pocket Note Pads MBO Precast, Inc. Golf Balls Milton CAT Golf Balls Robert B. Our Co., Inc./Acme Shorey Precast Concrete Products Travel Mugs Palmer Paving Corporation Microfiber Cleaners Putnam Pipe Corp. Rulers & Note Pads Salem Dental Arts, PLLC Toothbrushes & Toothpaste Stiles Company, Inc. Note Pads & Sun Tan Packs Taylor Oil Company 4-in-1 Tool Set & Koozies United Concrete Products, Inc. Key Chain Flashlights & Pens

TEE SPONSORS: Aggregate Industries-N.E. Region (2) Albanese Brothers, Inc. Albanese D&S, Inc. (2) American EquIp. & Fabricating Corp. (2) Baltazar Contractors, Inc. A. R. Belli, Inc. (2) C.J.P. & Sons Const. Co., Inc. P. Caliacco Corp. Celco Construction Corp. Concrete Systems, Inc. (2) Cullen, Murphy & Co., P.C. Dagle Electrical Const., Corp. (2) J. D’Amico, Inc. (2) Darmody, Merlino & Co., LLP (2) DeFelice Corporation (3) EJ (4) Eastern States Ins. Agency, Inc. (2) Equipment4Rent (2) FED. CORP. (2) Feeney Bros. Excavation, LLC (2) Ferguson Waterworks (2) GTA Co., Inc. (2) Gagliarducci Const., Inc. (2) Guerini Material Placing (2) HD Supply Const. & Industrial White Cap Haluch Water Contracting, Inc. I. W. Harding Const. Co., Inc. A. H. Harris Construction Supplies Hub Int’l New England, LLC (2) K & K Excavation Co., Inc. (2) P. T. Kelley, Inc. L & L Concrete Products, Inc. (2) Lawrence-Lynch Corp. Lockton Companies (2) G. Lopes Construction Inc. Lorusso Corporation

J. F. McDonald Ins. Agency, Inc. McGladrey LLP (2) Milton CAT (2) Minuteman Trucks, Inc. Norfolk Power Equipment, Inc. (2) Northland JCB (2) Ocean State Oil Daniel O’Connell’s Sons Robert B. Our Co., Inc. R. M. Pacella, Inc. (2) Palmer Paving Corporation Pinnacle Financial Group Podgurski Corp. J. A. Polito & Sons Co., Inc. (2) E. J. Prescott, Inc. H. R. Prescott & Sons, Inc. (2) Putnam Pipe Corp. Rodman Ford Sales, Inc. The Scituate Companies (2) Shea Concrete Products (2) Starkweather & Shepley Insurance Brokerage, Inc. (2) Stiles Company, Inc. Taylor Oil Company Ti-SALES, Inc. Albert J. Tonry & Co., Inc. Triumph Modular Inc. (2) Umbro & Sons Const. Corp. (2) United Concrete Products, Inc. (2) United Rentals Trench Safety Vacuum Excavation, Inc./Rapid Flow (5) WES Construction Corp. Water Works Supply Corp. (2) J. F. White Contracting Co. (3) Woodco Machinery, Inc. (2)

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AUGUST, 2015

Article provided by Richard Hughes, President Excellence In Safety Inc.

Richard Hughes

What Habits Matter Most? The Habit of Safety

ome safety thoughts to share with you came to me after a recent reading of a clever business book, just offered in paperback, titled, The Power of Habit authored by award winning New York Times Business Reporter Charles Duhigg. Writing on what habits matter most, the author profiled Paul O’Neill, better known for his record of governmental service to bipartisan Presidencies than probably for his later career in business, specifically taking command of the international titan Alcoa. In 1977, after 16 years in Washington, D.C., O’Neill decided it was time to leave. By then, writes Duhigg, “some of his old college friends were on Alcoa’s board. When the company needed a new chief executive, they thought of him, which is how he ended up writing a list of his priorities if he decided to take the job. At the time Alcoa was struggling. Critics said the company’s workers weren’t nimble enough and the quality of its products were poor. But at the top of O’Neill’s list he didn’t write ‘quality’ or ‘efficiency’ as his biggest priorities.” O’Neill apparently had full appreciation of the prior Alcoa CEO’s history attempting mandated changes at a long established company of fifteen thousand employees. Not only had it resulted in a bitter strike but even cases of manager effigies being burned in the parking lots. “O’Neill figured his top priority, if he took the job, would have to be something that unions and executives could agree was important. He needed a focus that would bring his workforce together and that would give him the leverage to change how people worked and communicated. At the top of the list he wrote down SAFETY and set an audacious goal, zero injuries. Not zero factory injuries. Zero injuries, pe-

AUGUST, 2015

riod. That would be his commitment no matter how much it cost.” With that, O’Neill then took the job and embarked on a speaker tour to various Alcoa locations across the globe in 31 countries. He promised at every talk that he would negotiate with them about anything on their minds with one exception. “There’s one thing that I’m never going to negotiate with you and that’s safety. I don’t ever want to say that we haven’t taken every step to make sure that our people don’t get hurt. If you want to argue with me about that, you’re going to lose.” What most observers, inside and outside Alcoa didn’t understand, however, was that O’Neill’s objective to realize zero injuries may have kick started Alcoa’s most radical realignment in its long history. The true key to getting Alcoa’s workforce to understand why injuries were happening was understanding how their manufacturing process was going continued on page 48

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Safety Corner continued from page 47 wrong generally and effectively, revealing the operational errors that were leading to these downgrading incidents, aka, accidents. To reach this goal, locations and facilities would need to bring in people who could educate workers about quality control, ergonomics, process control, work efficiencies, and new matrixes beyond simple time studies. Managers down to hands-on laborers would buy into the concept that safe work by definition is correct work, which would make the two inseparable. The reward system, too, had to be immediately modified as well. Unit Presidents had to report every injury, along with a detailed solution to

preventing its repeat, in writing within 24 hours to O’Neill or promotion considerations should not be expected. The only promotions went to those who embraced the new system. What became the end result and in a miraculously short period of time? Fabulously improved communication on critical everyday issues ranging from equipment replacement needs, labor matters, maintenance strengths and weaknesses, new technologies, space and physical plant issues, to all manner of needed efficiencies were suddenly being discussed between all worker levels in a mutually cooperative effort to weed out potential causes and sources of worker injuries.

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Once the “habit” was in place, says the author, for Alcoa to integrate the same techniques, pathways, above and underground networks to solve quality, production, distribution, transportation, and all manner of manufacturing problems were easy steps. Even today, a leap to Alcoa’s webpage that, of course, wasn’t even in existence back in O’Neill’s regime notes that the very first word offered on their home page (again this is a multi-billion dollar enterprise) is not stock price, net worth, or ROI numbers but SAFETY, linking to an in present time accounting of its most critical safety statistics and its ongoing safety mission statement.

Zero Is Possible Zero work-related injuries and illnesses have been long-standing goals for Alcoa. But when zero first became the target, it seemed unreachable. "Accidents are inevitable" was often the response. They're not. We can attain zero. It is possible, and, in many locations, it is already here thanks to dedicated effort and a firm commitment to our core values, one of which is to work safely, promote wellness, and protect the environment. As of Thursday, July 16, 2015, 21:00 Greenwich Mean Time (GMT), Alcoa's lost workday (days away) rate for 2015 stands at 0.082, continued on page 49

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AUGUST, 2015

Safety Corner continued from page 48 and the 2015 DART (days away plus restricted and job transfer) rate stands at 0.258. Alcoa calculates and publishes these rates in real time. Each represents the number of injuries and illnesses cases per 100 fulltime workers. In the 12-month period ending June 30, 2015: • 35.8% of Alcoa's 187 locations worldwide had zero recordable injuries; 48.7% had zero days away, restricted, or transferred; and 73.3% had zero lost workdays. • 99.6% of our employees had zero days away, restricted, or transferred incidents. • 99.8% of our employees had zero lost workdays. Working in teams and as individuals, we can build on this outstanding effort—and see zero extended to every Alcoa location, every day.

O’Neill never promised that his focus on worker safety would increase Alcoa’s profits. However, as his new routines moved through the organization, costs came down, quality went up, and productivity skyrocketed. If molten metal was injuring workers when it splashed, then the pouring system was re-

designed, which led to fewer injuries. It also saved money because Alcoa lost less raw materials in spills. If a machine kept breaking down, it was replaced, which meant there was less risk of broken gears snagging an employee’s arm. It also meant higher quality products because, as Alcoa discovered, equipment malfunctions were a chief cause of subpar aluminum and the blame game between labor and management. Researchers have reportedly found similar dynamics in dozens of other settings, including individuals’ personal lives. n

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AUGUST, 2015

People Swam in the Charles River:

For Fun!

Photo credit: Jean Nagy/Boston.com

On Tuesday, July 21, 200 brave Bostonians boldly cannonballed where few have cannonballed before — into the Charles River, which, until two years ago, was deemed unswimmable.

hey weren't triple-dog-dared or competing on a new version of a Fear-Factor-type reality show. They swam for fun. Yes, for fun. In the Charles. We all know Boston’s anthem talks about our “dirty water,” but, turns out that’s not so true anymore. The Charles is not only swimmable, it’s the cleanest urban river in North America, according to Theresa Doherty, project coordinator at the Charles River Conservancy. That title would’ve been unimaginable even a few decades ago. Swimming was first prohibited in the 1950s because the polluted waters posed a health risk. Clean-up efforts didn’t start until 1985, when the Massachusetts Legislature established the Massachusetts Water Resources Authority, which focused on the Boston Harbor. At the time, the EPA said 1.7 billion gallons of a sewage-rainwater mix flowed into the river every year. Even though the cleanup was court-ordered, there was no progress until 1995, when the EPA launched the “Clean Charles Initiative”. The organization gave letter grades to river water in America. The Charles got a “D,” which meant that the water met the standards for “some boating, but not swimming.” The EPA found that the same pipes that were meant to transport clean rainwater also carried sewage. This was mostly due to the fact that Boston implemented its

AUGUST, 2015

first sewer system in 1876, which was long before environmental regulations were in place. Sewage treatment plants weren’t planned until about 1940, but they didn’t filter out all of the sewage. The drainage system could transport water to the treatment plants as long as water levels were low. But if it rained and the system got backed up, both the rainwater and sewage would flow directly into the Charles. Even though dumping debris into the river is a Boston tradition (after all, it did start with tea in 1773), the most obvious step to a cleaner Charles was to make sure sewage stopped flowing into the river. Officials developed a plan to close seven sewer overflow systems to stop waste from entering the river. Since 1995, the initiative has eliminated more than one million gallons of sewage from stormdrains that run from Watertown to the Boston Harbor, according to the EPA. Their goal was to make the Charles swimmable and fishable by 2005. That didn’t happen. However, not everyone was deterred. Some might remember when Gov. William Weld jumped in the river to celebrate the state’s River Protection Act in 1996, and needed to receive a tetanus shot after the fact — just in case. Tetanus shots are no longer a post-requisite for continued on page 52

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Charles River continued from page 51 swimming in the river. The water was finally deemed safe for the general public in 2013. In that year, the water received a grade of “A-.” Now, it’s a “B+.” But that doesn’t mean something bad happened, said Alexandra Ash, a coordinator at the Charles River Watershed Association. It just means it rained more. “Our volunteers test the water for E. coli and blue/ green algae once a month,” she said. “Those levels have stayed pretty consistent. But the rainwater runoff can impact the toxicity and then the grade.” No matter the letter score, the water must be tested 48 hours before a public swimming event to ensure it’s safe. Then, a permit is issued for the general public for that day and that day only. The water had been tested for Tuesday’s event and passed, leaving it all clear for the swimmers. Doherty said she believes, one day, the water will be safe enough that no permits are needed and people won’t hold the stigma that you shouldn’t touch the river with even your pinky toe. But, in the meantime, they’ll keep holding public swimming events. The city held a second swim event on Saturday, July 25. And, if you’re still not convinced, those who got out of the water said it felt great. Written by Allison Pohle from Boston.com. Reprinted with permission. n

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AUGUST, 2015

Local Officials Discuss DEP Primacy for Stormwater

he public comment period is long over for draft federal regulations for discharges from small municipal stormwater systems, but concerns persist about the cost burden of the regulations on municipalities. Municipal officials have been discussing the possibility of the state obtaining delegated authority (primacy) over the National Pollutant Discharge Elimination System, which would allow the Massachusetts Department of Environmental Protection to be the permit issuing authority rather than the U.S. Environmental Protection Agency. All but four states have primacy for stormwater permitting. The federal Clean Water Act requires that the Municipal Separate Storm Sewer System (MS4) permit be re-evaluated every five years to ensure that it continues to protect the environment. The previous permit was issued in 2003. Municipal storm sewer systems collect rain and snowmelt from streets and direct the flow to water bodies. The new MS4 permits would require communities to institute more advanced programs to reduce pollutants that are discharged into rivers, lakes and bays. The proposed rules include “best management practices,” such as removing illegal sewage connections to storm drains, street sweeping, public education, and steps to expand the filtration of stormwater rather than diverting it into sewer systems. The EPA’s draft rules go beyond best practices, however, and would impose costly new requirements that have alarmed local officials. A state commission on infrastructure finance has estimated that implementing the EPA’s MS4 regulations would cost cities and towns as much as $18 billion over the next 20 years. In a letter to the EPA, MMA Executive Director Geoff Beckwith wrote: “We urge the EPA to amend its approach, and incorporate goals that are more AUGUST, 2015

realistically attainable and within the financial constraints of the current economic climate, or wait until adequate federal funding is available to ensure that these requirements do not translate into a harmful unfunded mandate on cities, towns and taxpayers.” In July 2013, at the request of the Legislature, the DEP issued a comprehensive report examining the feasibility of the DEP assuming primacy for stormwater. The DEP found that administering the NPDES program would cost the state approximately $9 million to $10 million annually. The department examined three possible sources of funding to offset its costs: permit fees, a general annual appropriation, and wastewater assessment fees. The DEP found numerous advantages of assuming primacy from the EPA, including a better understanding of local issues, a more efficient permitting process, and better coordination in managing all pollution. The disadvantages include program costs, lack of capacity to run the program at the DEP, and a lack of consistency in funding for the department. Some municipal officials have asked the Baker administration to revisit the study and investigate it further within the DEP and any other affected agencies. Marlborough Mayor Arthur Vigeant said the draft MS4 permit “would significantly increase costs for the city of Marlborough and every municipality in Massachusetts.” “I have read the DEP report about delegation, and the benefits of having NPDES permits issued by the DEP outweigh the costs,” he said. “Forty-six other states have chosen delegation, and I see no reason why Massachusetts should not join them.” continued on page 55

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MMA continued from page 53 If the DEP were to assume primacy, the affected MS4 communities would likely end up with additional costs from the DEP to run the program, similar to what is done with drinking water permitting, where the DEP has primacy. Since 1993, the Safe Drinking Water Act Assessment has helped the DEP’s Drinking Water Program maintain primacy to implement the federal Safe Drinking Water Act. Public water systems and their customers pay an assessment charge of $8.50 per million gallons used. For fiscal 2010, this revenue totaled $2.1 million, according to the DEP report. The Safe Drinking Water Act Assessment supports public water systems in Massachusetts. The assessment is used as a state match for federal funds for the Drinking Water State Revolving Fund and allows the DEP to fund a water quality monitoring waiver program, which saves water systems millions of dollars by reducing the frequency of monitoring systems with a history of good water quality and effective source protection. For more information on MS4 permitting, visit www.epa.gov/region1/npdes/stormwater. Written by MMA Senior Legislative Analyst Tom Philbin.

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ee Town Meeting this spring took a first step toward creating a municipal gas tax that would be earmarked for local road and bridge projects. The levy would add 3 cents to each gallon of gas purchased in Lee, which includes eight fueling stations, two of which are located in plazas on the Massachusetts Turnpike. The proposal, which would require legislative approval as well as a second OK from Town Meeting in 2016, appears to be unprecedented in Massachusetts. For several years, Lee has been putting money aside to augment its Chapter 90 road and bridge funding, according to Selectman Patricia Carlino. But, she noted, a single new bridge can cost well over $500,000. “It doesn’t take long to go through the money that you’re saving up,” she said. Represenative William “Smitty” Pignatelli said he is planning to file two bills related to the proposal approved at Lee’s Town Meeting. One would be a home rule petition that, if approved, would clear the way for a vote at Lee’s 2016 Town Meeting enabling the local gas tax. The other bill would be based on the local option, introduced in 2010, that made it possible for cities and towns to apply a surcharge to restaurant meals and lodging – but with a significant distinction. While revenue raised through taxes on meals and lodging can be used for general purposes, Pignatelli’s proposal would dedicate gas tax revenue to road and bridge construction and maintenance. “Let’s make it specifically for roads and bridges,” Pignatelli said. “It cannot go into the general fund.” Written by MMA Associate Editor Mitch Evich. n

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John E. Merchant, CPA IN THIS ISSUE: • • • • •

Cullen, Murphy & Co., P.C.

Facing College Costs What You Should Know About Student Loans Restructuring Education Debt Why You Need a Will SIMPLE 401(k) Plans May Appeal to Employees

Facing College Costs

ow much does it cost to send a child to college now? For the 2014–2015 academic year, the College Board puts the average cost of tuition, fees and room and board at private nonprofit four-year schools at over $42,000. The College Board estimates other expenses (including books, supplies and transportation) at $4,000–$5,000. Thus, sending your child away to a private institution costs an average of around $47,000 this year; at universities considered “elite,” the total tab is generally well over $60,000. Those numbers likely will be even higher in the 2015–2016 school year, and they will certainly be higher for youngsters entering college in the future. Parents of collegians can reduce their concerns a bit by considering the College Board’s report on “net prices.” These prices are determined by subtracting grant aid (reductions in direct college costs) and education tax benefits (savings from tax deductions and credits related to higher education). As reported by the College Board, such reductions bring down the cost at private institutions from the published price of $42,000+ to a net price of $23,000+. Including the other expenses mentioned previously, sending your child to a private university might cost “only” $28,000 a year, rather than $47,000. Be aware, though, that the net price offsets will vary enormously from family to family. The higher your net worth and your income, the less need-based grant aid your student is likely to receive. The higher your income, the smaller your tax savings from education tax breaks, many of which have income-based phaseouts.

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Higher and Lower The numbers mentioned previously in this article are national averages. Therefore, at some schools, the total cost will be much higher, whereas others will have much lower costs. Regional differences can be huge. According to the College Board, total costs for private institutions in New England are well over $50,000 a year, yet costs average less than $40,000 in the South, Southwest and West. Moreover, all of those figures are for private colleges and universities. Costs come down dramatically when you send your children to public institutions. The College Board puts the average total cost for in-state students at four-year public colleges and universities at just over $23,000: about half the cost of private schools. After grants and tax benefits, the net price at these publicHigher institutions is under $13,000 a year. At two-year public colleges, including community colleges, costs are even lower. continued on page 59

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Financial Management continued from page 57

Trusted Advice

Charting a Course Even relatively modest costs for higher education can be daunting for many families. Therefore, parents should consider starting college funds for their children as early as possible. Creating a designated account for higher education may help you avoid “dipping in” for other purposes. Under the federal formula, a family is more likely to qualify for need-based financial aid if savings and investment accounts are held by the parent, rather than in the student’s name. For example, a parent might be the owner of a 529 college savings plan, with the child as the beneficiary. Such plans, offered by nearly all states and some private firms, can generate tax-free investment earnings to pay college bills. Once children are finishing their high school careers, it may make sense to apply to multiple colleges—some more expensive than others. Private and public institutions could be in the mix. If students are interested, applications to virtually no-cost military academies and Reserve Officers’ Training Corps (ROTC) program scholarships also might be included, along with other specialty schools. continued on page 60

Taking Credit • The American Opportunity Tax Credit (AOTC) is among the most valuable higher education tax benefits. • This tax credit (a direct reduction in your tax bill) equals 100% of the first $2,000 of qualified education expenses you paid for each eligible student and 25% of the next $2,000 of such expenses you paid for that student. • Thus, the maximum annual credit is $2,500 per student. • If the credit reduces your tax to zero, 40% of the remaining credit amount (up to $1,000) can be refunded. • To claim the full credit, your modified adjusted gross income (MAGI) must be $80,000 or less ($160,000 for married couples filing jointly). Partial credits are available with MAGI up to $90,000 ($180,000 on a joint return).

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Financial Management continued from page 59 Accomplished youngsters may receive more than one college acceptance, allowing the family to decide among the various opportunities. Published costs, net of any aid and tax benefits, might not be the main reason for making a decision, but they also should not be ignored. Everyone—students and parents—should have a reasonable idea of how the costs will be covered.

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Regardless of a student’s path through higher education, it’s possible that family cash flow plus grant aid won’t be able to cover all the expenses that arise. Consequently, as is the case for many, your family may need to explore loans as an option to pay for the desired schooling. Take a look at the article “ What You Should Know About Student Loans” in this issue for more information on college funding through student loans.

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Financial Management continued from page 60

What You Should Know About Student Loans

ecently, concerns about student loans have been in the headlines. In 2015, the Federal Reserve Bank of New York put total student loan debt at $1.16 trillion, greater than outstanding auto loans or credit card balances. Publications such as the New York Times have published articles about “A Generation Hobbled by the Soaring Cost of College.” The reason for the growth in student loan debt is straightforward: Many families need to borrow money in order to cover the expense of higher education. If you’re in that situation, knowing your choices can help you make practical decisions. Today, most higher education loans come from the U.S. Department of Education. Broadly, they fall into one of two categories: student loans or parent loans. Student Loans The most common federal loans, formerly known as Stafford loans, are now called Direct Loans. Students are the borrowers; in order to be eligible for these loans (in fact, for any federal education loans), the student must fill out the Free Application for Federal Student Aid (FAFSA). There is no credit check, but there are limits on how much students can borrow. Typically, annual loans to undergraduate students who are parents’ dependents can be as large as $5,500 for freshmen, $6,500 for sophomores, and $7,500 for others.

Besides an origination fee of approximately 1% of the amount borrowed, Direct Loans have fixed rates, set each summer, based on then-current interest rates. As of July 2015, the fixed rate for Direct Loans is 4.29%. Direct Loans are either subsidized (for students who demonstrate financial need) or unsubsidized. If a student has an unsubsidized loan, payments are due after the funds are disbursed. Borrowers can choose not to make payments until six months after leaving school, but all unpaid interest will be added to the loan balance. With subsidized Direct Loans, the federal government pays the interest until six months after the borrower leaves school. Students with exceptional financial need may qualify for a federal Perkins Loan. If so, no interest will be charged until nine months after leaving school. The fixed interest rate is 5%, and loans to undergraduates go up to $5,500 a year. For federal student loans, the standard repayment period is 10 years, but there are various extension, deferral, and even loan forgiveness opportunities. For example, some loans can be forgiven if a borrower teaches full time for at least five consecucontinued on page 63

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Financial Management continued from page 61 tive years in a school classified as “low-income” by the Department of Education.

Parent Loans Formerly known as Parent Loans to Undergraduate Students, federal Direct PLUS Loans are offered to parents of undergraduates. (PLUS Loans also are available to graduate students.) Again, a student must fill out the FAFSA in order for a parent to get a PLUS Loan. PLUS Loans can be as large as the total amount of college costs, minus any financial aid. Example: Dave Evans attends a college where the posted cost of attendance is $40,000 for this academic year. Including a student Direct Loan, Dave receives financial assistance that totals $16,000. Thus, Dave’s parents can borrow up to $24,000 ($40,000 minus $16,000) with a PLUS loan for that year. The origination fee for a PLUS Loan is 4.292% (4.272% on or after October 1, 2015), and the fixed interest rate is 6.84% for the 2015–2016 academic year. In order to receive a PLUS Loan, a parent must pass a credit check. If the parent’s application is rejected, the child may be able to receive larger student loans.

Trusted Advice Deducting Student Loan Interest • To deduct interest paid for education loans, you must have borrowed solely to pay qualified education expenses for yourself, your spouse, or a dependent. • Loans from a related person or a qualified employer plan don’t qualify. • The maximum annual student loan interest deduction is $2,500. • To get the maximum tax deduction, your modified adjusted gross income (MAGI) must be not more than $65,000 for a single filer, or $130,000 on a joint return. Reduced deductions are allowed with MAGI up to $80,000 or $160,000.

Did You Know?

Private Loans

Although most student loans come from the fedtudents and parents borrowed $106.0 billion in eral government, some banks, credit unions, and otheducation loans in 2013–14, down from a peak er lenders offer education loans as well. Private loans of $122.1 billion in 2010–11. Non-federal loans can supplement or even replace federal education loans. Interest rates on private loans can be lower made up 9% of the total in 2013–14, far below the than federal rates for creditworthy borrowers—some record 26% of the total in 2006–2007. are in the 3% range now. Source: collegeboard.org However, private loans often have variable rates, which can rise if prevailing interest rates move higher. Private education loans may have relatively high MBO Precast Inc. fees, so borrowers should read all 4 Marion Drive • Carver, MA 02330 the fine print before making any T: 508-866-6900 • F: 508-866-5252 decisions. Keep in mind that any loan can be an education loan, if the proceeds are used to help pay college bills. You might use a home equity loan or a home equity line of credit, for instance. Besides a relatively low interest rate, home equity debt may offer more opportunities to take a tax deduction for the interest you pay. Of course, you always should use home equity debt with caution because your home might be at risk if you default.

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Financial Management continued from page 63

Restructuring Education Debt

ith interest rates down for several years, many homeowners have refinanced their home mortgages. Why keep paying, say, 6% on your old home loan when you can save money by replacing it with a new loan charging less than 4%? Does that same reasoning apply to student loans? Can you take advantage of today’s low interest rates by trading in existing education debt bearing higher rates? It’s possible, but you should proceed with care. Choosing Consolidation

Federal education loans can’t be refinanced. The government offers Direct Consolidation Loans, but that’s not really an opportunity to refinance. Instead, you can combine all federal education loans into one outstanding loan. There’s no fee for consolidating but there’s also no saving on interest because your new rate will be a mix of all the existing rates. Example: Ellen Benson has $10,000 of outstanding student debt with a 5.6% interest rate and $10,000 of outstanding debt with a 6.8% rate. When Ellen consolidates into one $20,000 outstanding loan, those rates will be combined to 6.2%. (Technically 6.25%, because consolidated federal loans are rounded up to the nearest one-eighth of 1%.) Although federal loan consolidation won’t save on interest rates, it can simplify your life. Going forward, borrowers will have only one monthly bill to remember to pay, rather than multiple existing loans with different payment amounts and different deadlines. In addition, consolidating federal student loans allows you to extend repayment to as long as 30 years. Various repayment options are offered. A longer repayment period will reduce your monthly obli-

gation, if cash flow is an issue. Extending the loan term may not be a drawback because you always can prepay a federal student loan, in part or in full, with no fee. However, there may be some drawbacks to federal loan consolidation, including the loss of borrower benefits such as possible loan cancellation.

Going Private Although federal student loans can’t be refinanced via the federal government, many private lenders offer the opportunity to do so. In essence, you borrow enough money to pay off your existing federal loans—as mentioned, federal loans can be prepaid without penalty. Then you are left with one private loan to pay down. (Refinancing might cover private student loans as well.) You typically must pass a credit check to refinance with a private lender. The higher the interest rates on your existing education loans and the higher your credit score, the more it may make sense for you to refinance with a private lender. If you’re deemed creditworthy, you probably can save money by lowering the amount of interest you pay. That’s especially true if you hold existing PLUS loans, which have relatively high interest rates. Nevertheless, refinancing with a private lender is not always a good idea. Interest rates usually are variable, so you’ll pay more if rates move higher. What’s more, private loans can come with fees, reducing the financial advantage of the lower posted rate. As is usually the case when you get a loan, you should read the fine print carefully. You may lose some valuable federal loan benefits if you move to a private lender; you can’t change your mind afterwards and revive a paid-off federal student loan. Therefore, you should crunch all the numbers and weigh all the consequences before refinancing federal education debt. continued on page 65

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Financial Management continued from page 64

Why You Need a Will

ou may think that your estate plan should include a will in order to handle the disposition of your assets. That’s true: If you die “intestate,” meaning without a will, some or all of your assets probably will be distributed according to state law. In reality, though, having a will may have less of an impact on asset disposition than you think. That said, there are still multiple reasons why you should have a will. Beyond Your Will An IRA or any other tax-advantaged retirement account will pass to the beneficiary you’ve named. Assuming you have filled out the beneficiary designation form—and you haven’t named your estate as the beneficiary—at your death that account will go to the individual or individuals or trust you’ve selected. The same principle often applies to assets you own jointly. Example 1: The principal residence of Walt and Vera Young is titled as joint tenants with right of survi-

vorship ( JTWROS). When one spouse dies, the other spouse will inherit the house as surviving co-owner. The outcome will be the same if any combination of people, related or not, own assets as JTWROS. Similar situations apply to many other types of assets. Annuities and life insurance proceeds go directly to beneficiaries. Payable-on-death bank accounts and transfer-on-death investment accounts pass to beneficiaries as well. In addition, any bank or brokerage or mutual fund accounts held as JTWROS will be owned by the surviving owner or owners after one of the joint tenants dies. Assets owned as JTWROS or with beneficiary designations won’t be controlled by your will; in fact, an instruction in your will is likely to be ignored when it comes to JTWROS property or assets with a designated beneficiary. Example 2: Martha Owens and her brother Ned Parker bought a vacation home together when they were young adults. They titled the property as JTWROS and never changed it. At Martha’s death, her will included a bequest of her share of the house to her children, but it didn’t matter. As the surviving co-owner, continued on page 66

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Financial Management continued from page 65 Ned was the one who inherited it. Moreover, individuals increasingly are creating revocable trusts to hold assets during their lifetime. When the trust creator dies, assets in the trust will go to recipients under the terms of the trust document. Again, instructions in your will won’t matter. The message is that you should be careful in your estate planning.

Abate Probate Assets with JTWROS titling, with beneficiary designations or in a revocable trust pass directly to the surviving owners and beneficiaries without the time and expense of going through the probate process. Nevertheless, you still should have a will, even if you believe most of your assets won’t be covered. People rarely have all of their assets titled in such a way that everything will pass outside of probate. Some personal assets (including vehicles, collectibles and furnishings) probably will be owned outright at your death, rather than as JTWROS or in trust. Those assets should be listed in your will to make sure they wind up with the people or charities of your choice. Also, not all forms of joint ownership will have the same result as JTWROS. Property titled as tenancy in common, for instance, will pass under the terms

of a will. Therefore, you should make sure your estate plan is in sync with the way your property is titled.

Naming Names In your will, you also can name the executor who will wind up your financial affairs. That might include paying outstanding bills, arranging for tax returns to be filed, making the necessary notifications, and so on. If there is no relative or friend likely to perform those tasks effectively, you might name a professional adviser or a financial institution. Moreover, if you have minor children when you create your will, you can name guardians who will raise them until they come of age, or alternatively, you can name those you wish to exclude. continued on page 67

Correction In the May 2015 Financial Management article, “Finding a Low-Tax State,” we regret an error in the text. Under the heading “Income taxes,” the second sentence should have read, “Some states (Alaska, Florida, Nevada, South Dakota, Texas, Washington, Wyoming) have no personal income tax, whereas New Hampshire and Tennessee tax only certain amounts of investment income.” We sincerely apologize for the error and any confusion it may have caused.

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Financial Management continued from page 66

SIMPLE 401(k) Plans May Appeal to Employees

any workers value employer-sponsored 401(k) retirement plans. Consequently, offering a 401(k) may help a small company attract and retain high-quality employees. Offering a standard 401(k) plan can involve considerable administrative time and expense, but business owners with fewer than 100 employees may find a practical solution in a SIMPLE 401(k). SIMPLE 401(k) plans are very similar to the traditional 401(k)s from major employers. Eligible employees can contribute part of their compensation to the plan; workers owe no income tax on the contributed amount and can choose how the money is invested, picking from a menu of choices.

Describing the Differences There are differences between SIMPLE 401(k) plans and the traditional version. In 2015, the maximum employee contribution to a SIMPLE 401(k) plan is $12,500, or $15,500 for those 50 or older. (In a traditional version, those numbers are $18,000 and $24,000.) In a traditional 401(k), employer matching is optional, but SIMPLE 401(k) plans require a match. The required SIMPLE 401(k) match can be dollar-for-dollar, up to 3% of compensation for all participating employees. Alternatively, employers can contribute 2% of compensation for all eligible employees, regardless of whether they contribute to the SIMPLE 401(k). All SIMPLE 401(k) contributions, from employers and employees, are fully vested.

Assessing the Advantages Why would you offer a retirement plan that requires an employer match? Especially a plan with lower contribution limits than a traditional 401(k)? For one reason, the 401(k) label can help send the message that your company provides excellent employee benefits. Pointing out the required employer match can emphasize that idea, as some traditional 401(k) plans don’t have matching contributions. In addition, SIMPLE 401(k) plans live up to their names because they don’t require discrimination testing. In the traditional version, employers must go to considerable lengths to show their plan doesn’t favor highly-paid executives. If lower-paid workers fail to participate adequately in a traditional 401(k), key employees may find their permissible contributions reduced. That won’t be an issue with a compliant SIMPLE 401(k).

Simple Selections Compared with SIMPLE IRAs (which are similar in many respects), SIMPLE 401(k) plans require more administration. You must file IRS Form 5500 each year, for example. Still some employees and prospective employees may respond more favorably to the 401(k) label, which might sound more like a workplace plan and may offer plan loans, which SIMPLE IRAs don’t have. That flexibility can add to a plan’s appeal to workers (but may add to an employer’s paperwork burden). If this type of simple retirement plan might work for your company, you have until October 1 to decide on establishing a plan for 2015. Reprinted from CPA Client Bulletin. n

AUGUST, 2015

“BUY FROM THE ADVERTISERS IN CONSTRUCTION OUTLOOK”

E.H. Perkins Construction, Inc. & Subsidiaries P.O. Box 301, Wayland, MA 01778 (508) 358-6161 • (781) 890-6505

-PLANT LOCATIONSQUINN-PERKINS S & G CO. Burlington (781) 272-0200 PANDOLF-PERKINS CO. Sterling (978) 422-8812 • (800) 339-3389 KANE-PERKINS CO. Hudson (978) 562-3436 • (800) 287-3436 GRAVEL • SAND • STONE FILL AND LOAM BITUMINOUS CONCRETE (PAVING) READY-MIX CONCRETE PRECAST CONCRETE PRODUCTS

Equal Opportunity/Affirmative Action Employer

Advertisers’ Index ATS Equipment, Inc. .................................................... 18 Adler Tank Rentals........................................................ 58 American Shoring, Inc.................................Ins. Back Cvr. Aon Construction Services Group................................ 48 Boro Sand & Stone Corp.............................................. 58 Dennis K. Burke, Inc....................................................... 7 C&S Insurance Agency, Inc............................................ 6 Concrete Systems, Inc.................................................. 38 Dagle Electrical Construction, Corp.............................. 20 Darmody, Merlino & Co., LLP........................................ 64 Dedham Recycled Gravel............................................. 52 DeSanctis Insurance Agency, Inc. ............................... 49 Dig Safe System, Inc..................................................... 60 The Driscoll Agency ..................................................... 25 EJ.................................................................................. 46 Eastern Insurance Group, LLC..................................... 34 Eastern States Insurance Agency, Inc.......................... 59 Eastpoint Lasers, LLC................................................... 29 T. L. Edwards, Inc.......................................................... 61 Excellence In Safety Inc................................................ 27 Ferguson Waterworks................................................... 39 Foley Carrier Services, LLC.......................................... 52 GEOD Consulting, Inc................................................... 58 L. Guerini Group, Inc..................................................... 55 HD Supply Const. & Industrial White Cap.................... 26 HD Supply Waterworks................................................... 2 Hinckley Allen, LLP......................................................... 8 A. H. Harris Construction Supplies............................... 35 John Hoadley & Sons, Inc............................................. 23 JESCO.......................................................................... 65 P. A. Landers, Inc.......................................................... 17 Lawrence-Lynch Corp................................................... 62 Lorusso Corp................................................................. 56 Lorusso Heavy Equipment, LLC................................... 50 MBO Precast, Inc.......................................................... 63 Mabey, Inc..................................................................... 29 Mass Broken Stone Company...................................... 55 Milton CAT..................................................................... 22 Norfolk Power Equipment, Inc...................................... 56 North East Shoring Equipment, LLC............................. 54 Northland JCB............................................................... 13 NorthStar Insurance Services, Inc................................ 16 Ocean State Oil............................................................. 35 Our Outhouses, Inc....................................................... 21 Palmer Paving Corporation............................................11 E. H. Perkins Construction Co., Inc.............................. 68 Podgurski Corp............................................................. 62 E. J. Prescott, Inc....................................... Ins. Front Cvr. Rain For Rent-New England......................................... 42 Read Custom Soils ........................................................ 9 Rogers & Gray Insurance Agency, Inc.......................... 28 Salem Dental Arts, PLLC.............................................. 24 Schmidt Equipment, Inc.....................................Back Cvr. Scituate Concrete Products Corp................................. 32 Shea Concrete Products............................................... 10 Smith Print..................................................................... 56 Starkweather & Shepley Ins. Brokerage, Inc................ 66 Ti-SALES, Inc. .............................................................. 67 Albert J. Tonry & Co., Inc.............................................. 62 TrenchTech Inc.............................................................. 12 United Concrete Products, Inc. .................................... 54 United Rentals Trench Safety....................................... 14 The Vellano Companies, Inc......................................... 60 C. N. Wood Co., Inc. ...................................................... 4 Woodco Machinery, Inc................................................ 30

“BUY FROM THE ADVERTISERS IN CONSTRUCTION OUTLOOK”

AUGUST, 2015

from Design to Delivery American Shoring is the Leader in High Quality, ModularTrench Shoring A complete line of heavy duty and light weight aluminum or steel trench shoring is available for all your needs. Our staff is waiting for your call with professional advice to recommend the best specific product for your project. Field service support and supervision available with on site assembly and take down. Inquire about our Competent Person, Confined Space & OSHA 10 training classes. All systems are manufactured in the USA.

207 Lake Street, Newburgh, NY 12550

1.800.407.4674 www.americanshoring.com E-Mail us at

sales@americanshoring.com In New England

SALES • RENTALS • SERVICE REPAIRS • TRADE-INS RECERTIFICATION

American Shoring of Massachusetts, Inc.

226 Cherry Street Shrewsbury, Mass 01545

508-842-2822 Fax: 508-842-2824

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City life isn’t for everyone. But the new 135G and 245G Excavators couldn’t be more at home. . But the new 135G and 245G Excavators couldn’t be more at home. Their reduced-tail-swing configuration opens up a TCihtyeliifreriesnd’ut fcoer dev-etrayiol-nsew ing configuration opens up a wide range of possibilities, making congested wide range of possibilities, making congested jobsites and working around obstacles a welcomed challenge. Coupled with their EPA-certified jInotbersim iteTsiear n4 denwgionerks,isnhgorat-rtohuronwdloowb-esftfaorctlecosnatrowlse, lacnodmspeadciocuhsa, qllueinetgcea.bsC, othuepy’llel kdeewpiytohutwhaenirtinEgPtAo-scteayrtoinfitehde jobsite, despite how easy Itnhetyerairm e toTiloeard4uepnag ndingeest ,toshthoertn-etxh t roonw e. Clo onwta-cetfufo s trotdcaoy.ntrols, and spacious, quiet cabs, they’ll keep you wanting to stay on the jobsite, despite how easy they are to load up and get to the next one. Contact us today.

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