AUGUST | 2018
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W H A T E V E R Y O U N E E D , W H E N E V E R Y O U N E E D I T, N O M A T T E R W H AT.
Years of Excellence 1954-2018
AUGUST, 2018
OFFICERS President RICHARD PACELLA, JR. R. M. Pacella, Inc.
President-Elect MARCELLA ALBANESE
Albanese Brothers, Inc.
Treasurer RYAN McCOURT
McCourt Construction Company
Secretary BRIAN COONEY
C. C.Construction Inc.
BOARD OF DIRECTORS GREG ANTONELLI GTA Co., Inc.
VINCENT BARLETTA
Barletta Heavy Division
TONY BORRELLI
Celco Construction Corp.
BEN CAVALLO
C&S Insurance Agency
ANDREW DANIELS J. Derenzo Co.
GREG FEENEY
Feeney Bros. Utility Services
JERRY GAGLIARDUCCI
Gagliarducci Construction, Inc.
NICK GAMACHE
Rain for Rent - New England
MARCO GIOIOSO
P. Gioioso & Sons, Inc.
IN THIS ISSUE 3 President’s Message:
Members are an Important Part of UCANE Advocacy
5 Legislative Update:
• Legislature Finishes “Formal” Sessions with Flurry of Activity; Leaves Wage Theft, Health Care, Education, and Housing Undone • News in Brief • Short Term Rental Legislation Passes; Sent Back with an Amendment • Annual Solicitation for SRF Projects Released; Three New Programs Announced • Baker-Polito Administration Provides Funding for Coastal Resilience Grants • Plan for Proposed Use of VW Settlement Funds Released by Baker-Polito Administration
15 Labor Issues:
A Grand Bargain = The Massachusetts Paid Family and Medical Leave Act
23 Save the Date: UCANE’s 64th Annual Banquet 25 UCANE Welcomes New Members 27 Legal Corner:
Minding Your Manners: Personality Issues and Bidder Responsibilities
30 Albanese Brothers, Inc. Celebrates 40 Years in Business 35 Spotlight on Cape Cod:
Mashpee Water Quality Declines Further
41 New Technology Tracks Connecticut River Nitrogen Pollution in Massachusetts
MIKE GORMAN
44 UCANE’s 39th Annual Golf Classic
BILL LEONARD
63 The McCourt Foundation’s 2018 Tour de South Shore
E. J. Prescott, Inc. Aqua Line Utility, Inc.
AL MORTEO
FED. CORP.
JOHN OUR
Robert B. Our Co., Inc.
JOSEPH PACELLA
65 Financial Management:
• How the New Tax Law Affects 529 Plans • Now the G.I. Bill is Forever • Education as a Small-Business Fringe Benefit
RJV Construction Corp.
PAUL SCENNA
Albanese D&S, Inc.
CHRIS VALENTI
GVC Construction, Inc.
KEN VOGEL
WES Construction Corp.
DAVID WALSH
Pawtucket Hot Mix Asphalt
Editor: Anne Klayman, Associate Editor: Suzanne Savage, Magazine Designer/Assistant Editor: Sherri Klayman Construction Outlook Chairman: Richard Pacella, Jr. Editorial Board: Richard Pacella, Jr., Marcella Albanese, Ryan McCourt, and Brian Cooney 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; Email: 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 Brockton, MA. POSTMASTER, please send form #3579 to Construction Outlook, Crown Colony Office Park, 300 Congress Street, Suite 101, Quincy, MA 02169.
ANNE KLAYMAN
Executive Director
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MAY, 2018
Members are an Important Part of UCANE Advocacy With the summer and the good weather continuing, UCANE member jobsites are as busy as ever. As the calendar turned from June to July, the Massachusetts Legislature was also busy wrapping up its 2017-2018 session, which ended on July 31. This session saw no shortage of issues and proposals with the potential to affect our industry and our members’ businesses. As usual, UCANE was right in the middle of things, advocating on our members’ behalf.
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e continued to successfully fight against overly burdensome bills such as “wage theft” legislation that, while well-intentioned, would have unfairly hurt businesses who did nothing wrong. We also filed and supported bills and initiatives promoting water infrastructure and the construction industry. Very important to our members and residents of Cape Cod, as part of a measure passed to regulate short-term housing rentals, the Mass Legislature established a “dedicated revenue source” to fund approximately $4 billion for needed wastewater projects. This legislation is the first of its kind and could serve as a model for other areas of the state. UCANE’s advocacy efforts have also led to the re-establishment of the Water Infrastructure Advisory Committee; as well as an MWRA pilot program removing the payment of police details as a line-item bid. You can read further details about these and other issues in this month’s Legislative Update (see page 5). While the formal legislative session ended, UCANE’s work has certainly not stopped as we will continue to meet with elected officials and leaders. However, every UCANE member has an important role to play to make their voices heard AUGUST, 2018
as 2018 is an election year. And the best way to accomplish this is to make sure you cast your vote for the candidate that best represents your position on the issues. The MA state primary will be held on September 4 and the general election on November 6. All state constitutional officers are up for re-election, including the Governor, as is every member of the State Legislature. At the federal level, every member of House is on the ballot and there is a Senate election as well. The outcome of these elections will have a great impact on our work going forward. So as we all juggle our work and family responsibilities during this hectic time of year, be sure to take the time to make informed decisions when you vote. UCANE’s advocacy efforts are an incredibly important part of what our Association provides for its members. The end of the session is the culmination of almost two years worth of activity by UCANE working closely alongside our lobbyist, Mark Molloy from Lynch Associates. I thank him and all members who worked so hard this year on UCANE’s behalf.
I hope everyone is enjoying a safe and happy summer and, as always, thank you for your continued support of UCANE. n
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AUGUST, 2018
Mark Molloy, Esq., Lynch Associates, Inc.
T
Legislature Finishes “Formal” Sessions with Flurry of Activity; Leaves Wage Theft, Health Care, Education, and Housing Undone
he Massachusetts legislature closed out the formal sessions for the 2017-2018 legislative session on July 31. In a continuing rite of passage, the Massachusetts legislature passed a $1 billion economic development package, opioid reduction legislation, and a compromise anti-animal cruelty bill, among many local initiatives, in the final days. Of further note, the economic development legislation addressed the thorny issue of non-compete agreements used by employers to prevent employees from competing for the same work for which they were previously employed. The MassWorks municipal grant program was funded at $250 million while the rest of the legislation included: $537.8 million in local economic development aid grants, $50 million for grants for dredging projects in coastal communities, $50 million to the Massachusetts Cultural Facilities, $100 million for construction and improvements at the Raymond L. Flynn Cruiseport in South Boston to accommodate larger vessels, and $25 million for matching grants to enable colleges and universities to participate in and receive certain federal funding. Finally, the weekend of August 11-12 was designated as a sales tax holiday under the legislation. Notably, the House and Senate were unable to pass health care reform legislation or legislation addressing the Commonwealth’s education funding formula. On health care, the ultimate stumbling block came down to the funding of community hospitals through a market based plan preferred by the Senate or a subsidization plan based on assessments, which was preferred by the House. On the education funding formula legislation, both the House and Senate proposed legislation to increase education funding, but a snag developed over the exact amount and mechanism used to provide the additional funding. Proponents of the two proposals were passionate about their concern over the legislature’s failure to complete these two bills. Of particular note to UCANE members, the House did not advance legislation relative to wage theft, which
AUGUST, 2018
was passed by the Senate towards the end of session. Advocates for the wage theft legislation, which was heavily amended from its original filing, have expressed a desire to seek a ballot initiative for the measure in 2022. continued on page 7
News in Brief
• Additional Funds for the Clean Water Trust? With the beginning of the Commonwealth’s fiscal year 2019 on June 1, the Baker-Polito Administration closed out fiscal year 2018 by filing a final deficiency budget. Included in the fiscal year 2018 supplemental budget was $30 million for the Clean Water Trust’s (CWT’s) contract assistance line-item. The funding, which is in addition to the $63 million appropriated in the fiscal year 2019 budget, would be useable by the CWT to support a variety of initiatives undertaken by the CWT to support municipalities and the improve the Commonwealth’s water infrastructure. The Massachusetts legislature will likely take action on the fiscal year 2018 deficiency budget before the end of the year or at the beginning of 2019. • Fiscal Year 2019 Budget Passed; Vetoes Overridden. The Massachusetts legislature passed a fiscal year 2019 budget in mid-July that included $29 million in funding for the administration of the DEP, a little over $63 million for the CWT’s contract assistance, and $1.1 million for the Commonwealth sewer rate relief program. The legislature, which also included an additional $8 million for addressing claims for the Underground Storage Tank (UST) Program, then promptly overrode 47 of the Governor’s 48 line-item vetoes. For more information about the Commonwealth’s FY19 budget, please visit: http:// budget.digital.mass.gov/bb/gaa/fy2019/
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AUGUST, 2018
Legislative Update continued from page 5
I
Short Term Rental Legislation Passes; Sent Back with an Amendment
n the last weeks of July, the Massachusetts legislature sent Governor Charlie Baker legislation regulating the short term rental industry. The bill would create a central state registry of short-term rentals and subject them to the same 5.7 percent lodging tax applied to hotel and motel room rentals. Cities and towns would have the option to levy an additional 6 percent tax on all short-term rental units, or up to 9 percent if the owner controls two or more units in the same municipality. Of interest to UCANE members, the legislation contained the creation and funding mechanism for a new Cape Cod Water Protection Trust, which would begin to address the region’s $4 billion water infrastructure funding gap. Unfortunately for the creation of the Cape specific mechanism, the Governor returned the Legislature's entire bill with an amendment that would exempt homeowners that rent out their units for fewer than 14 days a year. As well, a further amendment from the Governor is also proposing to limit the amount of information that will be made available through a
new public registry of short-term rental housing units. The final amendment addresses the definition of a short-term rental to comply with the bonds used to finance the Boston Convention and Exhibition Center's construction. The amendment filed by Governor Baker would allow property owners that casually rent their houses or apartments for two weeks or less to avoid having to collect the state's 5.7 percent per night lodging tax from guests, register with the state, or obtain $1 million liability insurance policy on their property. The 14 days threshold is significantly smaller than the 150 days Baker proposed in his own bill. According to the State House News Service, the Baker-Polito Administration estimates that the change would reduce the state's projected new revenues of $25 million by $300,000 and exempt about one-sixth of operators who would otherwise be required to register and collect and remit taxes. continued on page 9
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AUGUST, 2018
Legislative Update continued from page 7
Annual Solicitation for SRF Projects Released; Three New Programs Announced
A
ccording to a joint press release from the Massachusetts Department of Environmental Protection (MassDEP) and the Massachusetts Clean Water Trust (CWT), both entities have released the annual solicitation for projects to be financed by the State Revolving Fund (SRF) for 2019. The SRF offers subsidized loans to cities, towns, and regional agencies to help protect their water resources and drinking water. In addition, the CWT announced the creationBoston of threeArea new programs: an InLocations centivized Lead Service Line Replacement Program; 2 Dexter Street Everett, MA 02149 Boston Area Boston Area Locations Locations 431 Second Street
an Asset Management Planning Grant Program; and a Housing Choice Loan Program. To be eligible for Clean Water or Drinking Water SRF loans, municipalities, wastewater districts, and water suppliers must file applications with MassDEP demonstrating that proposed projects offer significant public health or water quality benefit, have local funding authorization, and that there is a commitment on the borrower’s part to file a timely loan application. Applications are due by August 24, 2018. The three new programs created by the CWT, found within the 2019 application, include:
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• Incentivized Lead Service Line Replacement Program: This program allows projects funded by the Commonwealth’s Drinking Water State Revolving Fund to convert loan interest that would have been paid to the CWT, into additional funds that can be used to replace private lead service lines (LSL). These converted funds will make private LSL replacement cost neutral for cities and towns, and free for homeowners. • Asset Management Planning Grants: This program is a new $2 million grant program aimed at the creation of water infrastructure Asset Management Plans (AMPs). These plans are essential for water utilities in tracking the useful life of their existing water infrastructure.
• Housing Choice Loan Program: For communities that have achieved the “Housing Choice” Minichiello Bros./Scrap-It, Inc., designation under the CommonServes over 2500 customers a week and is one New England's largest buyers, wealth’s Housing Choice Initiative, sellers and processors of scrap metal. For overa60week years ourisgoal Serves over 2500 customers and onehas Newremained England's largest buyers, they will be eligible for an interest he same - to provide the best in theof industry along with notch sellers and prices processors scrap metal. Fortop over 60 years our goal has remained rate reduction up to .5% from the customer service! the Callsame Fred -Rogers at 617-595-5505 to provide the best prices in the industry along with top notch standard below market rate of 2% customer service! Call Fred Rogers at 617-595-5505 offered for most CWT loans. For more information, please visit; https://www.mass.gov/stateTurn your metal into money today! revolving-fund-srf-loan-program Turn your metal into money today!
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AUGUST, 2018
continued on page 11
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Legislative Update continued from page 9
Baker-Polito Administration Provides Funding for Coastal Resilience Grants
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he Baker-Polito Administration announced more than $3.2 million in funding to support local efforts to proactively plan for and adapt to coastal storm and climate change impacts, including storm surge, flooding, erosion, and sea level rise in mid-July. The Coastal Resilience grants, provided by the Executive Office of Energy and Environmental Affairs Office of Coastal Zone Management (CZM), were awarded to Braintree, Chatham, Chelsea, Everett, Dennis, Duxbury Beach Reservation, Inc., Gloucester, Hull, Ipswich, Kingston, Marion, Mattapoisett, Nantucket, Provincetown, Salem, Wareham, and Winthrop. Since the Baker-Polito Administration’s start, 67 projects funded through this grant program, represent an investment of over $9.1 million. CZM’s Coastal Resilience Grant Program provides financial and technical support for innovative local efforts to increase awareness and understanding of climate impacts, plan for changing conditions, redesign vulnerable community facilities and infrastructure and implement non-structural measures to increase natural storm damage protection, flood and erosion control, and community resilience. Grants can be used for planning, public outreach and feasibility assessment, and analysis of shoreline vulnerability, as well as for design, permitting, construction, and monitoring of projects that enhance or create natural resources to provide increased shoreline stabilization and flood control. Among some of the 19 projects awarded funding in this grant round were the following: Hull Water Pollution Control Facility (WPCF) Electrical Service Relocation ($148,350). The Town of Hull will replace the WPCF’s incoming underground electrical service and transformer with a new overhead service and elevated transformer to account for increased flooding and future sea level rise impacts. Assessing the Threats from Climate Change to Marion’s Vulnerable Wastewater Pumping Infrastructure ($93,660). The Town of Marion will evaluate the vulnerability of its wastewater pumping stations and related infrastructure to storm surge and sea level rise impacts and recommend improvements and future actions to reduce risk to the pumping stations. Construction of Mattapoisett’s Potable Water Infrastructure at the Pease’s Point Water Main Crossing ($498,750). The Town of Mattapoisett will relocate an existing water main that traverses an inlet between Pease’s Point and Point Connett to a more landward and deeper location to help ensure that service and water quality will be maintained during storm events and future sea level rise. Installation of Bypass Connection at Cohasset Narrows and Hynes Field Pump Stations ($153,375). The Town of Wareham will install mechanical sewer by-
AUGUST, 2018
pass connections at the Hynes and Cohasset Narrows pump stations to allow the pump stations to immediately continue servicing critical infrastructure facilities in the event of a catastrophic flood event. The Town will also prepare design plans for a third bypass connection at the Narrows pump station. Resiliency Assessment of Overflow Lagoons at the Wareham Water Pollution Control Facility (WPCF) ($63,750). The Town of Wareham will determine the additional storage capacity needed at the WPCF overflow lagoons for heavy precipitation and peak flow conditions with elevated groundwater due to sea level rise. Wareham will evaluate potential modifications to the lagoons to prevent excessive wastewater discharging into the Agawam River during flood events. The CZM is the lead policy and planning agency on coastal and ocean issues within the Executive Office of Energy and Environmental Affairs. Through planning, technical and grant assistance and public information programs, CZM seeks to balance the impacts of human activity with the protection of coastal and marine resources.
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Legislative Update continued from page 11
Plan for Proposed Use of VW Settlement Funds Released by Baker-Polito Administration
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draft plan for spending funds from the national Volkswagen (VW) emissions case settlement to reduce vehicle emissions and greenhouse gases (GHG) was released by the MassDEP in mid-July. The release of the plan follows public meetings held across the Commonwealth in which input was sought on mitigation actions to improve air quality by reducing nitrogen oxide (NOx) emissions using settlement funds. A national settlement in 2017 awarded the Commonwealth $75 million to spend over the next several years. The MassDEP is now seeking public comment on the proposed Beneficiary Mitigation Plan. The national settlement provides Massachusetts with more than $75 million to spend on emission reduction projects. According to a public notice from MassDEP, the draft mitigation plan issued proposes funding projects that: • Help the Commonwealth achieve GHG emission reduction targets and reduce air pollution in the transportation sector;
• Promote electrification of the state’s transportation network; • Drive technological and policy progress in air pollution mitigation and GHG emissions reduction in the transportation network; • Serve environmental justice populations; and • Promote equitable geographic distribution across the state. Under the draft mitigation plan, MassDEP proposes to fund $23.5 million in projects in the first year. The projects include: $11 million to support the purchase of electric transit buses by the Pioneer Valley and Martha’s Vineyard transit authorities; $5 million to supplement the network of existing electric vehicle supply equipment, with a focus on workplace charging stations, charging at multi-unit dwellings, and public fast-charging sites; and $7.5 million to be made available for proposals that will be submitted in response to a solicitation by MassDEP this fall. MassDEP will fund eligible projects under the settlement agreement that reduce emissions from vehicles and other mobile sources.
John Hoadley and Sons Inc. John Hoadley Sons Inc. Water Worksand Specialist
The national settlement with VW in 2017 resulted in Inc. the creation John Hoadley and Sons Water Works Specialist Tel:781-878-8098 Fax:781-878-5298 ofWorks a $2.925 Water Specialistbillion Environmental Tel:781-878-8098 Mitigation Fax:781-878-5298 Trust funded by VW to Tel: 781-878-8098 Fax: 781-878-5298 address the air quality impacts of “Our Products the Most Trusted NamesNames in theinIndustry” “OurIndustry” Products Are the Most Trusted NamesNOx in the Industry” “OurAre Products Are the Most Trusted the the excess emissions. The � U.S. Pipe ● Cultec Chambers � U.S. Pipe ● Cultec Chambers trust includes an allocation of more � Mueller Fire Hydrants ● National Pipe & Plastics • U.S. Pipe • Cultec Chambers � Mueller Tapping Sleeves & Valves ● $75 ADS Pipe & Chambers � Mueller Fire Hydrants ● National Pipe & Plastics than million to Massachusetts. • Mueller Fire Hydrants • National Pipe� &Smith Plastics Blair Clamps & Couplings General Foundry Castings The● Commonwealth has up to 10 � Mueller Tapping Sleeves & Valves ● Valves ADS Pipe Chambers • Mueller Tapping Sleeves & • &ADS Pipe & Chambers Mechanical Services � Tapping Sleeves & Gates Installed / Cut years to spend 80 percent of its al• Clamps Smith & Blair Clamps & Couplings • General Foundry Castings � Smith Blair Couplings ● General Foundry Castings � Line Stop / EZ Valves location and an additional five years Mechanical Services � Cutting of Chilled Water Lines & Steam Lines Mechanical Services spendofthe 20 percent. � Pressure Testingto & Disinfection New remaining Mains � Tapping Sleeves & Gates Installed / Cut � Installation & Testing of Backflow Preventers 24 Hours • Tapping Sleeves & Gates Installed / Cut Public comments on the BenSales& Service � Large Diameter Hydraulic Pipe Cutting � Line Stop EZ Valves Serving allwill of • Line Stop / EZ/ Valves eficiary Mitigation Plan be ac� Hydrant Installation & Repair New England � Cutting ChilledWater WaterLines Lines&&Steam SteamLines Lines � Electronic Leak cepted Detection • Cutting of of Chilled by MassDEP until 5 p.m. “Water-Sewer-Drain Supplies at a Competitive Price” • Pressure Testing &&Disinfection � Pressure Testing DisinfectionofofNew NewMains Mains on Monday, August 20. Electronic www.hoadleyandsons.com • Installation && Testing ofof Backflow comments can be submitted to � Installation Testing BackflowPreventers Preventers 24 24Hours Hours672 Union Street Rockland, MA 02370 • Large Diameter Hydraulic Pipe Cutting Sales& Service vw.settlement@mass.gov and the Sales & Service � Large Diameter Hydraulic Pipe Cutting • Hydrant Installation & Repair Serving ofof Servingallall subject line should state: “Com� Hydrant Leak Installation & Repair New • Electronic Detection NewEngland England ments on VW Draft BMP.” Hard � Electronic Leak Detection copy comments can be sent to: “Water-Sewer-Drain Supplies at Supplies a Competitive Price” Price” “Water-Sewer-Drain at a Competitive Susan Lyon, Massachusetts Department of Environmental Protecwww.hoadleyandsons.com www.hoadleyandsons.com tion, 1 Winter St., 6th Floor, Boston, 672 Union Street MA Rockland, 672 Union Street Rockland, 02370MA 02370 MA 02108. n
AUGUST, 2018
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AUGUST, 2018
Richard Wayne, Esq., Prince Lobel Tye LLC
A Grand Bargain = The Massachusetts Paid Family and Medical Leave Act By mid-2018, Massachusetts employers had already been required to comply with two new major employment laws, the Massachusetts Pay Equity Act and the Pregnancy Workers Fairness Act. However, the Legislature was not finished with its work. On June 28, 2018, Governor Baker signed H.4640, “An Act Relative to Minimum Wage, Paid Family Medical Leave and the Sales Tax Holiday” into law (“Law”). The Law gradually increases the minimum wage from $11.00 per hour to $15.00 per hour (and the tipped wage from $3.75 to $6.75 per hour) phased in over the next five years. The Law phases out the premium paid to retail workers for Sunday work and creates two days of sales tax holidays per year. Most significantly, the Law establishes the most generous paid family and medical leave act in the country. In fact, only, California, New Jersey, New York, Rhode Island, Washington, and Washington DC presently have paid family and medical leave laws. The passage of the Law was hailed as a “Grand Bargain.” The impetus for the proponents to ‘bargain’ was the Supreme Judicial Court’s ruling
AUGUST, 2018
that the millionaire tax ballot question was unconstitutional; extinguishing an anticipated new source of revenue. For the opponents, the impetus was avoiding November ballot questions asking voters to approve more liberal increases in the minimum wage and an even more generous paid family and medical leave law. As a result of the compromise, the proponents withdrew their ballot questions and opponents withdrew a ballot question, which sought reduction in the state’s sale tax. This article will focus on the newly enacted Massachusetts Paid Family and Leave Act (“MAPFMLA”) and compliance issues. continued on page 17
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Labor Issues continued from page 15
U
nder the MAPFMLA, regardless of size, all Massachusetts private employers will be required to provide their employees paid family and medical leave. The MAPFMLA will be administered by a new state agency, the Department of Family and Medical Leave (DFML). The DFML is required to promulgate implementing regulations by no later than March 31, 2019. By law, employers will be required to post a DFML MAPFMLA poster. Employers will also be required to provide written information about MAPFMLA rights to current employees and new hires within 30 days of their employment. Employers will have the option of providing equivalent benefits to their employees by means of a DFML approved private plan or self-insurance. Any employee who meets the eligibility requirements to receive Massachusetts unemployment compensation benefits will also be eligible for paid family and medical leave benefits. Effective January 1, 2021, eligible Massachusetts employees will be able to take up to 12 weeks paid family leave to care for a sick family member or bond with a newborn. The MAPFMLA definition of “family” is broarder than the definition of “family” under federal law. ‘Family member’ is defined broadly to include, but not limited to, a
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domestic partner, parents, grandparents, grandchildren, siblings, and the parents of a spouse or domestic partner. Employees may take up to 20 weeks of paid medical leave per year due to their serious medical condition. In addition, a family member may take up to 26 weeks paid leave in the event of a military deployment of a family member. Former employees also remain eligible for MAPFMLA leave requested within 26 weeks of separation from their employer. An employee’s annual leave is capped at 26 weeks. Unlike the federal Family and Medical Leave Act (FMLA), employers cannot require employees to exhaust other forms of paid time off prior to or during their leave. However, employers can require MAPFMLA leave to run concurrently with any leave the employee may take under the FMLA or the Massachusetts Parental Leave Act. There is a seven day waiting period during which an employee may use his or her Massachusetts Earned Sick Time or accrued employer paid sick or vacation time. Employees will be required to provide notice and medical certification. MAPFMLA leave may be taken in whole, in part, or intermittently. The employer is required to continue to provide for, and contribute to, the employee’s group health insurance, if any, in the same manner as it would have but for the employee taking leave. continued on page 19
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Labor Issues continued from page 17 Absent changed operating conditions or layoffs, employers are required to restore employees, who return from leave, to their previous or equivalent position, with the same status, pay, benefits, and seniority. Commencing July 1, 2019, Massachusetts employers will be required to contribute 0.63% of each employees’ wages to a newly created Family and Medical Leave Trust Fund. This cost will be split between the employer and employee. The Trust Fund will be administered by the DFML. Employers with less than 25 employees are not presently required to make contributions. Contributions will be capped on earnings up to $128,400. This cap may be adjusted annually. There has been no study that the 0.63% contribution rate will cover the cost of the proposed benefits. The paid weekly benefit will be calculated based upon both the state average weekly wage and the individual’s average weekly wage. If the employee’s average weekly wage is less than or equal to the state average weekly wage, paid leave will be 80% of their weekly wage. If the employee’s average weekly wage is greater, the benefit will be 50% of their weekly wage, with a cap of $850.00 per week. During MAPFMLA leave, the employee will continue to accrue vacation
AUGUST, 2018
time, sick leave, bonuses, seniority, length of service credits, and other employment benefits. Employers are prohibited from discriminating or retaliating against employees who exercise their rights under the new Law. Any negative change in the terms and conditions of employment occurring during the leave, within six months after an employee returns from leave or within six months after an employee files a civil complaint, will be presumed to be an act of unlawful retaliation. Employees will have three years to bring suit for an alleged violation of the MAPMLA. Employers found to have violated the MAPFMLA may be ordered to reinstate the employee, pay back wages and benefits, treble damages, reasonable attorney’s fees, interest, and costs. In anticipation of the MAPFMLA, I suggest: 1. Be on the lookout for DFML implementing regulations and its poster; 2. Communicating with your payroll service to ensure it will be prepared to implement the new law prior to July 1, 2019; 3. Prepare to update your employee handbook to comply with the MAPFMLA; 4. Prior to the effective date of the MAPFMLA, reevaluate your leave policies to coordinate continued on page 21
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Labor Issues continued from page 19 with the new Law; 5. Upon its effective date, provide your employees and new hires with notice of the MAPFMLA; 6. Train your managers and administrators on compliance with the new Law; 7. In preparing bids, include the estimated costs of compliance; 8. Develop plans for manning positions vacant because of an anticipated increase in employee absences; 9. Sensitize managers to avoid discriminating against employees who take advantage of their new MAPFMLA rights; and 10. Consult with an employment attorney or consultant to answer your questions that may arise out of this new Law.
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Construction & Public Contracts Group, Hinckley Allen, LLP
Christopher Morog Partner
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Minding Your Manners: Personality Issues and Bidder Responsibility In May’s Legal Corner article, we discussed a bidder responsibility decision of the Bid Unit of the Massachusetts Office of the Attorney General (the “Bid Unit”). In that case, the awarding authority rejected the low bidder as allegedly “difficult to work with.” The low bidder filed a protest – and won. The Bid Unit tackled a similar issue again in July: can an awarding authority reject a bidder due to alleged personality issues? The short answer is: yes.
T
he case arose out of a school building renovation project for a Massachusetts community college. The winning bidder would have to perform its work in an occupied “live” building. After the bid opening, the awarding authority’s consulting engineer contacted references and received the following feedback: • One reference reported that: she had to “mediate a confrontation between the project owner” and the low bidder; the low bidder was “contentious” and also “unprofessional”; and the low bidder demonstrated “personality and behavior issues.” • Another reference echoed that the low bidder “had a contentious relationship with its subcontractors in meetings and on-site.”
In addition, the consulting engineer reported that the low bidder was “very rude” during the investigation process. These issues led the consulting engineer to determine that the low bidder was not responsible. As a result, the awarding authority rejected the low bidder, prompting the bid protest. The Bid Unit denied the protest because the protestor failed to demonstrate that its rejection was arbitrary. According to the Bid Unit, the awarding au-
AUGUST, 2018
thority’s “rationale for rejecting [the low bidder] was reasonably based on the fact that it had received reports of contentious behavior, unprofessional interactions, and personality conflicts on the part of [the low bidder] on past projects.” The Bid Unit added that, because the work would be performed in a live/occupied building, “[p]ast negative interactions on projects are highly relevant to a finding of non-responsibility for this particular Project.” In short, the low bidder was not able to rebut its “documented history of contentious relationships with owners and subcontractors . . . .” The decision raises a number of questions concerning the breadth of an awarding authority’s discontinued on page 29
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Legal Corner continued from page 27 cretion to reject a bidder on responsibility grounds. Disputes are commonplace on construction projects. So what does it mean to be “contentious?” Is a contractor that aggressively (and legitimately) asserts its rights “contentious”? Why should it even matter? Ted Williams – one of baseball’s greatest hitters – is famously remembered for having a difficult and contentious relationship with his critics. But that would not have been a valid reason to prevent him from playing baseball. The competitive bidding statutes define what it means to be “responsible.” Under Chapter 30, Section 39M, the “lowest responsible and eligible bidder” is the bidder “whose bid is the lowest of those bidders possessing the skill, ability, and integrity necessary for the faithful performance of the work . . . .” Similarly, Chapter 149 defines “responsible” to refer to a bidder “demonstrably possessing the skill, ability, and integrity necessary to faithfully perform the work called for by a particular contract, based upon a determination of competent workmanship and financial soundness . . . .” Arguably, the “integrity” prong provides a foundation for an awarding authority to reject a contractor based on personality issues. But integrity normally refers to honesty. Certainly, a contractor can be both “contentious” and honest. The Bid Unit itself has previously stated that the fact that an awarding authority may have a “personality clash” with a contractor “does not justify a finding that [the contractor] lacked ‘integrity’” under the competitive bidding laws. his case likely came down to the facts. The low T bidder could not explain the “documented history” of difficult relationships on prior projects, including allegations of “unprofessionalism.” Unfortunately for the low bidder, although it may well have had the “skill” and “ability” to “faithfully perform” the work, it lost out on the project due to its alleged conduct on prior projects. The case serves as a good reminder of the value of professionalism. Awarding authorities want smooth projects. They compare notes, acknowledging good contractors and warning against bad contractors. In these circumstances, responsible bidders can find themselves rejected for personality issues that are largely subjective. The good news is that bidders can guide if not control their own destinies. By embracing a professional approach, bidders can minimize opportunities for awarding authorities to reject them due to conduct on other projects and alleged personality issues.
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Please also note a few practice-point takeaways. The Bid Unit’s decisions are not binding. A bidder aggrieved by a decision of an awarding authority can challenge the awarding authority’s decision in court, even after an adverse decision of the Bid Unit. Alternatively, a protestor can file its challenge in court in the first instance. In addition, a contractor facing rejection for “personality” issues will normally have several legal arguments at its disposal. Among other things, an awarding authority cannot disregard facts and circumstances and its decision must be justified on the record. Contractors can also use the Public Records Law as a tool to obtain documents and information upon which the awarding authority relied in reaching its decision. This exercise can often reveal reasons why the awarding authority’s decision should not be upheld. Experienced counsel can also help contractors develop and execute tactful strategies to best position themselves to challenge these types of decisions. n
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While enjoying his retirement, Marco Albanese won a Bocce Championship in February 2018
Albanese Brothers, Inc. Team enjoying their 40th Anniversary Barbecue
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Albanese Brothers, Inc. has been owned and operated by Marcella, Maria, and Oto Albanese since 2010. It was originally founded by brothers, Marco and Giovanni Albanese, in August of 1978 in Malden MA. As the business outgrew their Malden location, the business headquarters moved to Dracut MA from which Albanese Brothers still operates today. In 1991, Giovanni Albanese went on to form his own company, Albanese D&S, Inc. and more recently added to his achievements by building a thriving heavy equipment dealership, Equipment East, LLC.
M
arco, with his children, Marcella, Maria, and Oto, forged on and continued to build a strong reputable business together. In 2010, after many sacrifices and a lifetime of hard work, Marco decided to retire. He is now enjoying a well-deserved quieter lifestyle. Marco still likes to occasionally visit the site and is always available to offer an opinion and provide his invaluable advice. But these days Marco prefers to compete on the bocce court, where he recently earned a trophy. Marcella, Maria, and Oto make a strong team together, sharing the daily responsibilities by being fully engaged in all activities and decision-making. Because they have been involved with the family business since the beginning, running it just comes natural to them. Just like their father before them, their love for the business and with the support of their team of skilled employees, the business continues to prosper. This year marks the 40th year in business for Albanese Brothers, Inc. and when Marcella, Maria, and Oto take a look back, they can’t help but reflect on the role that the City of Malden has played in the history
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of Albanese Brothers and in the lives of the Albanese family. “Our company started in Malden and we all lived in Malden for a substantial part of our lives,” they say. “Also, one of the first really big jobs the company tackled was a large diameter pipe job for the MWRA in Malden. That job was instrumental in the success of the company. Coincidentally, on our 40th Anniversary, we are about to wrap up another large diameter pipe project in Malden, again for the MWRA!” As Marcella, Maria, and Oto relay, the MWRA had bid the current project in May 2017, “Section 14 Water Pipe Relocation.” The original pipeline used to run down the center of the city to the front of the Malden Center Orange Line Train Station. That pipeline was moved in the 1970s to accommodate the then new city hall, which was built in its place. Now Malden is planning to build another new City Hall along with an entire downtown renovation and the same pipeline is being relocated again with Albanese Brothers doing the job. The project is approximately a total of 400 feet of continued on page 32
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Albanese Brothers, Inc. continued from page 31 pipe, (320-feet of 36-inch and 80-feet of 30-inch diameter ductile iron water main), with one gate valve with bypass piping, and one blow-off assembly, valves, chamber and vaults including an emergency interconnection to the City of Malden’s 12-inch diameter water main. There were no shortages of logistical challenges on this project. Albanese Brothers worked very hard to coordinate and perform the work itself, while trying to get this job done. They were able to keep the development going while dealing with the many utilities, known and unknown in this congested area. Every inch of this pipeline was interesting yet challenging. It is officially the most costly pipeline project, based on a per foot basis that Albanese Brothers has ever completed. Albanese Brothers is very proud to be a small part of Malden’s Historical landmark development. Because everyone involved on the project, from the MWRA, Albanese Brothers, the City of Malden DPW, Water Department, Engineering, Mayor’s Office, Police, Fire, MBTA, National Grid, Verizon, and others, all worked well together towards one goal, the project was completed timely and efficiently without delay to the development. It was truly an exemplary team effort.
Cutting out an old water main for the new tie-in
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Measuring the O.D. on an old MWRA pipe to properly size coupling to be cut in for a new pipe connection
Salvaging an old MWRA valve from the jobsite
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In addition to the Malden job, Albanese Brothers has a full plate for its 40th season, and beyond. It just completed a project for the Town of Tewksbury, where Albanese upgraded a pump station sewer force main pipeline on Rt. 133. On this project Albanese tied into a sewer manhole that they installed in the early 1980s. In addition, Albanese has a multiyear pipeline contract with the City of Lawrence upgrading their water, sewer pipelines, and roadways. On this project Albanese will be installing a special structure this summer over an existing 48-inch brick sewer. This part of the project will be particularly challenging, not only because Albanese will be closing a portion of a very busy street in Lawrence and detouring traffic for several months, but also in cutting into the existing 48-inch brick sewer, building a large vault structure over a diversion section and cutting in new sewer pipes while bypassing the existing sewer.
Albanese has also just started a new project for the City of Framingham. The project generally consists of replacing approximately 4,800LF of cast iron water pipes and replacing and upgrading approximately 6,900LF sewer/storm sewer piping on a multi-year project in the downtown area of Framingham. Albanese Brothers typically operates as a general contractor, but they also offer services as a DBE and WBE subcontractor. As a DBE and WBE subcontractor, Albanese Brothers has worked and is working with various prime contractors and general contractors on pipeline, highway, and treatment plants projects, such as the MWRA Stoneham Projects, the MassDOT Toll Demo Projects, the Encore Casino (previously the Wynn), and many others, not only in Massachusetts but in Connecticut, New Hampshire, and Maine as well.
UCANE extends its congratulations to Albanese Brothers, Inc. on reaching their 40th Anniversary milestone and we are proud to have had them as active members of UCANE for the majority of those 40 years. We wish them continued success and look forward to working alongside their company for many years to come. n
Setting a special structure over a 48-inch live sewer in Lawrence
AUGUST, 2018
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Mashpee Water Quality Declines Further The Mashpee Board of Selectmen made plans Monday, July 9, to approach taxpayers to fund the town’s massive wastewater initiative after learning that Popponesset and Waquoit bays are severely impaired with no signs of improvement.
T
he cost of the first five years of the initiative has been estimated at $37 million, with the overall cost at roughly $250 million. Officials expect the initiative will take a total of 25 years to complete. The board will discuss an article for the October Town Meeting to begin funding the initiative. Although the selectmen made no definitive proposals on July 9, they have a few options to choose. All will ultimately involve raising taxes. Selectman Andrew R. Gottlieb said that selectmen have danced around the issue too long, and that the board should put an option to voters to decide. “If people want clean water, they’ll pay for it. If they don’t want clean water, they won’t pay for it,” Mr. Gottlieb said. “But we haven’t asked them, and they haven’t told us. So let’s just do it.” Carol A. Sherman, chairman of the board, agreed. She requested that the town manager put the topic as an agenda item for a future meeting. The discussion came about after a grim presentation from Brian L. Howes, a researcher at the University of Massachusetts Dartmouth School of Marine Science and Technology, who reported water quality data collected from the town’s two main estuaries during the summer of 2017. “These are very highly impaired conditions,” Dr. Howes told the board. “It’s a very sad story.” Dr. Howes presented data taken from samples
AUGUST, 2018 2016 SEPTEMBER,
provided by the Mashpee Water Quality Test Program. Volunteers for the program, organized by the Mashpee Waterways Committee with aid from the Mashpee Wampanoag Tribe, provide tests from more than 30 sites in Popponesset and Waquoit Bays over the summer. Dr. Howes said that every year for the more than 20 years of data at the two bays, water quality has failed to meet regulatory standards because of the substantial presence of nitrogen. Significant nitrogen leads to an increase in algae, which leads to low oxygen levels for the estuaries and, ultimately, fish kills and an overall compromised water quality. The data from 2017 reveal that a slow increase in water quality over the past few years is over. continued on page 37
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Cape Cod continued from page 35 From 2009 until 2015, Dr. Howes said, the bays showed signs of improving, albeit slowly. In 2016, after a years-long drought, conditions showed signs of getting worse. In 2017, conditions have again gotten worse—some of the poorest recorded in the 20 years of data. Conditions in the watersheds typically are better near the mouth of estuaries where water from the ocean moves freely into the bay. Farther north and into the upper parts of the estuary and rivers, nitrogen is more concentrated. For this year, Dr. Howes showed findings that in the middle of the bay, and even near the mouth of the bay, signs of high nitrogen were recorded, despite good flow. The two major rivers also had signs of an increase in nitrogen levels. Quashnet River had a “monstrous” algae bloom and the Mashpee River had a “huge spike” in nitrogen, Dr. Howes said. One graph presented to the board showed that phytoplankton biomass doubled compared to data collected over the last seven years. The researcher added, with an audible groan from the audience, that some parts of the Mashpee River and Popponesset Bay have gotten so bad that “there are no animals alive, let alone eel grass.”
Dr. Howes attributed the high nitrogen levels in 2017 to a spike in rain fall. After a number of years of drought, 2017 saw a dramatic increase in rainfall, which likely led to groundwater pumping more nitrogen into the estuaries. However, Dr. Howes said that the residents of Mashpee ultimately are the cause of the nitrogen levels. The year-to-year fluctuations seen in 2017 compared to prior years are minor compared to the overall degradation of the estuaries. Nitrogen, mostly from septic systems, has seeped into the groundwater, which eventually arrives in water bodies. Dr. Howes said that the highly nutrient rich system is waiting to be bumped, something like a high level of rain. “Ultimately, [we are] the cause,” Dr. Howes said. Dr. Howes said that he thought that it was time to do something to fix the highly degraded water systems. “I can’t see how it won’t be something significant,” he said of the way to improve the water quality. And he added that as a taxpayer in Mashpee, he would be happy to help pay. Selectman Thomas F. O’Hara told the researcher that he recently visited the river and saw fish and turtles, and even bald eagles. To the average person, Mr. O’Hara said, it is difficult to see evidence of continued on page 39
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Cape Cod continued from page 37 poor water quality. Dr. Howes pointed out that some of the fish do not live in the river, but swim up stream to the ponds to spawn. Also, the water quality depends on the tide. At low tide, he said, often times the river has no oxygen. It was also pointed out that the muck on the river bottom is not normal, but the result of algae settling over several years. Town Manager Rodney C. Collins questioned what kind of results the town’s shellfish propagation project has had on water quality. The town has invested in seeding the area with oyster and quahog seed through a variety of techniques, including 16 million seeds in the last three years. Dr. Howes said that water clarity increases, sometimes instantaneously, with shellfish filtering water. The shellfish can take up nitrogen, and when they are harvested, the nitrogen is removed from the estuary. If the shellfish are not harvested, a delay factor causes shellfish to release the nitrogen as a gas during the cooler months. Mashpee Department of Natural Resources director Richard H. York Jr. added that since the town started putting shellfish into the estuaries, there have not been any additional fish kills. Mr. York said that
AUGUST, 2018
they had fish kills prior, but since seeding in 2005, the kills have stopped. Selectmen will likely discuss possible funding articles at a future meeting. In 2016, the selectmen received a financial outlook from the town’s financial leaders. Town accountant Dawn Thayer provided several options available to fund the wastewater project, with different borrowing rates and years to begin the project. On July 9, Mr. Gottlieb suggested selectmen choose one of those options and move the project forward. Written by Sam Houghton. Reprinted with permission from Capenews.net. n
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OCTOBER, 2017
New Technology Tracks Connecticut River Nitrogen Pollution in Massachusetts
Federal efforts to reduce nitrogen pollution in Long Island Sound depend upon what happens upstream, and states along the Connecticut River – including Massachusetts – must help solve the problem, according to the U.S. Environmental Protection Agency. But until recently, Massachusetts' share of the pollution – compared to New Hampshire, Vermont, and Connecticut – couldn't be accurately measured. With new monitoring technology in place, the situation has changed.
O
fficials gathered near the river in Northfield on June 17 to celebrate a new, high-tech U.S. Geological Survey gauging station. The equipment measures water flow near the Vermont border. To go with it, new chemical and biological sampling protocols have been funded. Analysts can now look at water entering and leaving Massachusetts in an apples-to-apples comparison. A similar station exists near the Connecticut border. It's part of the overall "Connecticut River Basin Nutrient Monitoring Project," jointly funded by the Massachusetts Department of Environmental Protection, the Springfield Water and Sewer Commission, and the USGS. "We are an agency that needs good science to make good decisions," said MassDEP commissioner Martin Suuberg while standing near the new equipment on Tuesday (June 17). Suuberg said state policy makers, local officials, and environmentalists needed a better understanding of what's happening in the river within the boundaries of Massachusetts. Without good data, it would be impossible to know if investments in Massachusetts sewer plants would result in improved conditions, he said. Matthew Beaton, Gov. Charlie Baker's secretary of energy and environmental affairs, said it's not just sewer plants, but that golf courses, lawns, agriculture, septic tanks, and other non-point sources contribute to the nitrogen loading. "We're all working together to figure out a big complex problem," Beaton said. "It is our duty to make sure we are working in partnership with the rest
AUGUST, 2018
Officials cut the ribbon on the 'Upper Connecticut River Basin Nutrient Monitoring Project' in Northfield on June 19, 2018. of the states, with the federal government, and with our local partners." Officials noted that there are 127 wastewater treatment plants in the Connecticut River basin with about 33 in Massachusetts. Andrew Fisk, director of the Connecticut River Conservancy, said the new measuring equipment "is incredibly important," and that his organization pushed for years to get it installed. "So thank you, thank you, thank you, thank you." The longtime river advocate said nitrogen pollution is a local problem and a regional problem. Fixing it will help people who use the river for fishing and recreation, and also help a salt-water resource that's miles away. continued on page 43
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AUGUST, 2018
New Technology continued from page 41 Despite progress, Long Island Sound still does not meet water quality standards for dissolved oxygen. Nitrogen feeds algae, which uses a lot of oxygen during its life cycle. The low oxygen means that fish can't breathe. Clams and oysters suffer, and eelgrass, a plant which support fish reproduction, can't grow well, said Fisk. "Among other things, too much nitrogen is bad for fisheries," he said. "A healthy river and Long Island Sound has economic benefits throughout the waterA USGS driverless watercraft measures stream flow shed." in the Connecticut River using Dopler technology on A condition called "hypoxia" sometimes occurs June 19, 2018. in the sound where the oxygen is so deficient that aquatic life struggles to survive, according to posters shown at the event. Josh Schimmel, executive director of the Springfield Water & Sewer Commission, said that wastewater plant upgrades in Massachusetts communities can cost millions of dollars, and that spending decisions must be supported by scientific data. A new federal permit for wastewater plants is coming down the line, he said. Required plant upgrades to cut nitrogen discharge could be costly for ratepayers. "Springfield is the largest sewer plant north of Connecticut, so we felt like we needed to take the lead, but this affects every Massachusetts treatment plant," Schimmel said. He said Connecticut and New York have already A staffer with the US Geological Survey shows off made major investments in their sewer plants. new water monitoring equipment at the Connecticut River in Northfield. USGS hydrologist Jon Morrison demonstrated the stream gauge, which delivers real-time data to a laptop. Separately, "acoustic Doppler current profilers" on board a bright orange, MBO Precast Inc. remote-controlled water craft de4 Marion Drive • Carver, MA 02330 liver flow velocity information. T: 508-866-6900 • F: 508-866-5252 Schimmel said that high-qualwww.MBOPrecast.com ity stream gauges are extremely important, and that the USGS partStone Strong Retaining Wall Systems nership was key. Manholes / Catch Basins / Custom Structures Fisk said efforts to clean the Septic Tanks / Leaching Products river and the sound have been underway for decades, and that "passion, persistence, and patience" are needed. "We're in this for the long haul," he said. Written by Mary C. Serreze. Reprinted with permission from Mass Live and the Republican. n
AUGUST, 2018
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Hosted By
UCANE’s annual golf tournament has become so popular that our members begin contacting the UCANE office in the middle of winter in order to secure a foursome. So it was of little surprise that this years event was once again sold out months in advance. Thankfully Mother Nature provided perfect summer conditions at UCANE’s 39th Annual Golf Classic at Brookmeadow Country Club in Canton, MA. The tournament’s popularity is only made possible through the generous sponsors that make it a first class event. UCANE would like to extend a very special thanks to Milton CAT, our Tournament Host, as well as to our Corporate Sponsor, Taylor Oil Company and our Lobster Clambake Sponsor, E. J. Prescott, Inc. Registration for the day’s festivities was set to begin at 8 a.m., but typical of most contractors, the parking lot began filling up long before the starting time. Participants were treated to a Continental Breakfast sponsored by ATS Equipment, Inc.
44
Each golfer was then given a Goody Bag, sponsored by P. Gioioso and Sons, Inc. We once again provided the ever-popular coolers, fully packed with everything from golf balls to Frisbees to hats and more. All around the course, clubhouse, and putting green, golfers could see the tremendous support of UCANE members, as the tees, putting green, and clubhouse were filled with sponsor signs that were generously provided by Roadsafe Traffic Systems, Inc. The Par 3 6th hole served as the spot for our “Closest to the Pin” 50/50 contest sponsored by Core and Main against our celebrity golfer, former New England Patriots Defensive End Jarvis Green. He was a two time Super Bowl winner with the team, and is remembered for his consistent ability to pressure quarterbacks. He now owns a successful shrimp wholesale distribution business. While that doesn’t leave much time to work on his golf game, Jarvis did his best on the course and was a huge hit with the golfers. He was extremely outgoing and gracious with his time, sharing some great stories about his time with the Patriots and life after football. Also, at the 6th hole, each foresome had their pictures professionally taken with Jarvis, thanks to Ritchie Brothers Auctioneers. There was a lot of activity at the Par 3 11th hole, where there was a $25,000 Hole in One Contest sponsored by McCourt Construction Co., as continued on page 47
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AUGUST, 2018
AUGUST, 2018
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We know you face many risks above and below ground. Rogers & Gray Insurance, a proud UCANE member, can help keep your business and employees safe.
Nationwide “Best of the Best” Award MarshBerry Largest Insurance Brokers in Massachusetts Boston Business Journal Top 100 Independent Property & Casualty Agencies in the Nation Insurance Journal Magazine
Robert Bizak Executive Vice President UCANE Member & Construction Insurance Specialist Direct: 508.747.4385 rbizak@rogersgray.com
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AUGUST, 2018
Golf Tournament continued from page 44 well as a Kobelco SK-30 Excavator provided by ATS Equipment, Inc. While no one was able to claim the big prizes, there was one narrow miss with the ball stopping six inches from the cup! Additional hole in one prizes were up for grabs on the other Par 3s as well, including a 2-year lease of a Ford F-150 provided by Rodman Ford Sales, Inc., and a Gorrilla GXS120 Hydraulic Hammer provided by Tech Hydraulics/Gorilla Hammer. Again, no aces were had. In addition, while there was some impressive putting, no one claimed the $10,000 Putting Contest prize sponsored by Dagle Electrical Construction Corp. This year’s tournament featured a Golf Ball Cannon sponsored by HD Supply Const. & Industrial AH Harris/White Cap. The air cannon allowed each participant to shoot a golf ball onto the green of the Par 4 continued on page 49
AUGUST, 2018
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Lorusso Heavy Equipment LLC
Lorusso Heavy Equipment LLC 160 Elm Street • Walpole, MA 02081 Phone: 508-660-7600 • Fax: 508-660-7614 www.lhequip.com 48
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AUGUST, 2018
Golf Tournament continued from page 47
13th hole. This new addition proved to be very popular with the golfers, making a tricky Par 4 hole into an easy Par 3! While out on the course, golfers enjoyed a Barbecue Lunch sponsored by Schmidt Equipment, Inc. They were able to stay hydrated throughout the round thanks to the Cold Drink Carts sponsored by Citrin Cooperman & Co. LLP, Ferguson Waterworks, T-Quip Sales & Rentals, Inc., United Rentals Trench Safety, and F. W. Webb Company. Once the round was completed, golfers came back to the clubhouse for the Social Hour sponsored by Hub International New England, Liddell Brothers, Inc., and Dan Adams from McLaughlin Chevrolet in Whitman. The social hour was followed by UCANE’s famous Lobster Clambake Dinner featuring 2-lb. lobsters, and all the clam chowder, pulled pork, cornon-the-cob, roasted potatoes, and garden salad that one could eat. Any golfers who still had room left, enjoyed the Ice Cream Sundae Bar sponsored by USI Insurance Services, LLC. Awards were then given out to the top four teams, as well as for the 50/50 raffle. continued on page 51
AUGUST, 2018
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Protect your crew and a whole lot more. From training your crew on safety regulations to helping you choose the right equipment for the job, our innovative Trench Safety Solutions help increase productivity and lower costs. Next time you’re underground, count on us to help keep your crew, and your project, safe.
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AUGUST, 2018
Golf Tournament continued from page 49 Closing out the festivities was the raffle drawing for the more than 50 amazing prizes, highlighted by a set of golf clubs donated by EJ, a 43-inch Vizio Smart TV donated by Scrap-It, Inc/Minichiello Bros, Inc., and plenty of great tickets to see the first place Red Sox!
Every year this event exemplifies what makes UCANE such a strong Association. Members support the event by golfing, sponsoring tee and putting green signs, and donating incredible raffle prizes, and goodie bag items. On behalf of UCANE’s Officers, Board, and staff, we would like to thank all of you who made this tournament another huge success. We greatly appreciate your continued support, and we are already looking forward to our 40th annual tournament next year! (A complet list of sponsors can be found starting on page 52.) n
AUGUST, 2018
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A special thank you to our sponsors for their continued support of UCANE’s Annual Golf Tournament Hosted By
Corporate Sponsor
TAYLOR OIL COMPANY Lobster Clambake Sponsor
E. J. PRESCOTT, INC. $25,000 “Hole in One” McCOURT CONSTRUCTION COMPANY
Barbecue Lunch SCHMIDT EQUIPMENT, INC.
$10,000 Putting Contest DAGLE ELECTRICAL CONST. CORP.
Social Hour HUB INT. NEW ENGLAND LIDDELL BROTHERS, INC. DAN ADAMS (MCLAUGHLIN CHEVROLET WHITMAN)
Ford F-150 2-Year Lease “Hole in One” RODMAN FORD SALES, INC.
Ice Cream Sundae Bar USI INSURANCE SERVICES, LLC Cold Drink Carts CITRIN COOPERMAN & CO., LLP “Closest to the Pin” against FERGUSON WATERWORKS Former N.E. Patriot Jarvis Green T-QUIP SALES & RENTALS, INC. CORE & MAIN UNITED RENTALS TRENCH SAFETY F. W. WEBB COMPANY Photo’s with Former Golf Prizes N.E. Patriot Jarvis Green ALBANESE D&S, INC. RITCHIE BROTHERS AUCTIONEERS BARLETTA HEAVY DIVISION Kobelco Excavator “Hole in One” RJV CONSTRUCTION CORP. & Continental Breakfast Goody Bags ATS EQUIPMENT, INC. P. GIOIOSO & SONS, INC. Gorilla Hammer Model GXS120 Guest Sponsors “Hole in One” JAY CASHMAN, INC. (4) GORILLA HAMMER HYDRAULICS TAYLOR OIL COMPANY (2) All Sinage ROADSAFE TRAFFIC SYSTEMS
Golf Ball Cannon Shoot HD SUPPLY CONST. & INDUSTRIAL AH HARRIS/WHITE CAP
RAFFLE SPONSORS: AGGREGATE INDUSTRIES - N.E. REGION Red Sox Tickets A. F. AMORELLO & SONS, INC. Red Sox Tickets BROOKMEADOW COUNTRY CLUB Golf for 4 EJ Set of Top-Flight Golf Clubs ENERGI INSURANCE SERVICES, INC. Red Sox Tickets FED. CORP. Pair of Anti-Gravity Lounge Chairs LEICA GEOSYSTEMS Laser Distance Meter LORUSSO CORPORATION Red Sox Tickets - Pavilion Seats RAIN FOR RENT - NEW ENGLAND Bose Bluetooth Speaker SCRAP-IT, INC./MINICHIELLO BROS., INC. 43-Inch Vizio Smart TV SHEA CONCRETE PRODUCTS, INC. Red Sox Tickets STORMTRAP, LLC 4 Messanger Bags TAYLOR OIL COMPANY Red Sox Tickets UNITED CONCRETE PRODUCTS, INC. Red Sox Tickets D. W. WHITE CONSTRUCTION, INC. Golf for Four at the Back 9 Golf Club, Lakeville, MA
AUGUST, 2018
PUTTING GREEN SPONSORS:
Albanese Brothers, Inc. American Shoring Inc. Aqua Line Utility, Inc. Barletta Heavy Division Biszko Contracting Corp. Jay Cashman, Inc. DeSanctis Insurance Agency, Inc. Doering Equipment Co. Equipment Corp. of America (ECA) GVC Construction, Inc. Green Environmental, Inc. Hilb New England Hinckley Allen LLP Kistler & Knapp Builders Lorusso Heavy Equipment, LLC S. M. Lorusso & Sons, Inc. McWane Ductile Milton CAT Northeast Traffic Control Services, Inc. Daniel O’Connell’s Sons Pawtucket Hot Mix Asphalt (2) E. J. Prescott, Inc. Riley Brothers, Inc. SPS New England, Inc. Taylor Oil Company R. H. White Construction Co., Inc. C. N. Wood Company, Inc.
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Serving the Bonding and Insurance needs of the N.E. construction industry for over 45 years.
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TEE SPONSORS: APJ Equipment Corp. Equipment4Rent (2) Advantage Petroleum, Inc. FED. CORP. (2) Aggregate Industries - Northeast Feeney Bros. Utility Services (2) Region, Inc. Ferguson Waterworks (2) American Shoring Inc. GTA Co., Inc. (2) A. F. Amorello & Sons, Inc. Gagliarducci Const., Inc. (2) AQUAREHAB USA Inc. (3) Genalco Inc. Baltazar Contractors, Inc. L. Guerini Group Inc. (2) A. R. Belli, Inc. (2) HD Supply Const. & Industrial Benevento Companies AH Harris/White Cap (2) Dennis K. Burke, Inc. I. W. Harding Const. Co., Inc. C. C. Construction, Inc. HUB International New England (2) C.J.P. & Sons Const. Co., Inc. K & K Excavation Co., Inc. (2) P. Caliacco Corp. P. T. Kelley, Inc. Celco Construction Corp. (2) P. A. Landers, Inc. N. Cibotti, Inc. (2) Lawrence-Lynch Corp. CleanBasins, Inc. (2) Liddell Brothers, Inc. (5) Concrete Systems, Inc. (2) Lockwood Remediation Technologies LLC Cullen, Murphy & Co., P.C. (2) MBO Precast, Inc. Dagle Electrical Const. Corp. (2) Mabey, Inc. J. D’Amico, Inc. (2) J. F. McDonald Ins. Company, Inc. Darmody, Merlino & Co., LLP (2) Metro Equipment Corp. (2) The Dow Company (2) Milton CAT Eastern Insurance Group, LLC National Trench Safety (2) Eastern States Ins. Agency, Inc. (2) Ocean State Oil (2) Environmental Partners Group, Inc. Robert B. Our Co., Inc. (2) Equipment East LLC (5) R. M. Pacella, Inc. (2)
Palmer Paving Corporation Podgurski Corp. J. A. Polito & Sons Co., Inc. (2) E. J. Prescott, Inc. H. R. Prescott & Sons, Inc. (2) RJV Construction Corp. (2) Rain for Rent - New England Rodman Ford Sales, Inc. (2) Scituate Concrete Products Corp. Shea Concrete Products (2) Starkweather & Shepley Insurance Brokerage, Inc. (2) Stiles Company, Inc. StormTrap, LLC (2) Sunbelt Rentals (2) Taylor Oil Company Tonry Insurance Group, Inc. (2) Travelers (2) Twelve Points Retirement Advisors Umbro & Sons Construction Corp. United Concrete Products, Inc. (2) Vacuum Excavation, Inc. (5) WES Construction Corp. (2) Walsh Contracting Corp. Weston & Sampson Engineers, Inc. Woodco Machinery, Inc. (2) R. Zoppo Corp. (2)
GOODY BAG SPONSORS: P. GIOIOSO & SONS, INC. Goody Bags
PUTNAM PIPE CORP. Bottle Openers
ACME SHOREY PRECAST CO., INC. Travel Mugs
RITCHIE BROTHERS AUCTIONEERS Key Chains
AQUA LINE UTILITY, INC. Golf Balls
SCRAP-IT, INC./MINICHIELLO BROS., INC. Magnets & Foam Coasters
BADGER DAYLIGHTING Koozies
STILES COMPANY, INC. Sunblock Packets
C&S INSURANCE AGENCY Carpenter Pencils
SUNBELT RENTALS Sharpie Markers
DAGLE ELECTRICAL CONST. CORP. Frisbees
T-QUIP SALES & RENTALS, INC. Cell Phone Fan
DIG SAFE SYSTEMS, INC. Hats, Pens, Rulers, & Key Chains
TAYLOR OIL COMPANY Silicone Tech Pockets, Eyeglass Straps & Koozies
GORILLA HYDRAULICS HAMMERS Notepads
TECH HYDRAULICS/GORILLA HAMMERS Note Pads
MILTON CAT Golf Umbrellas & Golf Balls
TONRY INSURANCE GROUP, INC. Koozies & Jar Openers
NORFOLK POWER EQUIPMENT, INC. Golf Balls
UNITED CONCRETE PRODUCTS, INC. Chip Clips
AUGUST, 2018
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LORUSSO CORPORATION 3 Belcher Street, Plainville, MA 02762 Tel: 508-695-3252 Fax: 508-699-2387 Email: sales@lorussocorp.com QUARRY & RECYCLYNG 40 Cross Street • Plainville, MA 125 Tiffany Street • Attleboro, MA ASPHALT PLANT 635 Pleasant Street Norwood, MA
PRODUCTS • Bituminous Concrete • Sand & Gravel • Crushed Stone • Screened Loam & Compost • Recycled Aggregate Products • Rip Rap & Armor Stone SERVICES • Paving & Roadway Construction • Utility Trench Preparation • Utility Trench Paving • Organic Material Recycling • Construction Material Recycling • Roll Off Containers
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and can lead to severe injuries and even death if the excavation process is not properly addressed. National Trench Safety has a full complement of excavation support systems as well as engineering and training services to ensure you have the equipment needed to perform the job safely and effectively.
WITH A NATIONWIDE BRANCH NETWORK, WE’RE WHERE YOU NEED US TO BE
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CALL (888) 234-9244 www.ntsafety.com
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Foursome Photos by Amber Garceau
On-site, not on-call
Industrial Safety & Rescue is always ready where you need us, when you need us.
• Confined Space Rescue • High Angle Rescue • Safety Management • OSHA compliance training in various disciplines
INDUSTRIAL SAFETY & RESCUE
800-244-1238 • 348 Turnpike Street • Canton, MA • 02021 info@industrialsafetyrescue.com
Asphalt Paving • Excavating / SiteDevelopment Development Asphalt Paving • Excavating • Site HotHot MixMix Asphalt / Cold Patch Asphalt Lawrence-Lynch Corp.
White Bros. – Lynch Corp.
P.O. Box 913 • Falmouth, MA 02541
P.O. Box 155 • Oak Bluffs, MA 02557
396 Gifford Street • Falmouth, MA 02540
20 Vineyard Ave. • Oak Bluffs, MA 02557
PH 508-548-1800 • FX 508-457-1825
PH 508-693-0845 • FX 509-693-0312
Job#:
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Date:
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Publication: Client:
Visit our website @ www.lawrencelynch.com
Industrial Safety & Rescue
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AUGUST, 2018
Foursome Photos by Amber Garceau
Custom and Standard Concrete Products... Our Specialty! United Concrete Products, Inc.
173 Church St. Yalesville, CT 06492
www.unitedconcrete.com
Offering a full range of products: Manholes, Catch Basins, Septic Tanks, Leaching Chambers, Dry Wells, Distribution Boxes, Pump Chambers, Grease Traps, PreTreatment Tanks, Utility Vaults, Meter Pits, Yard Drains, Box Culverts, End-Walls, Wing Walls, Curbs, Water Quality Structures, Prefab. Pump Stations, Storage Buildings, Dugouts, Concrete Barriers, Cable Concrete, Retaining Walls, Restroom Buildings, Telecommunication Shelters, Prestress Bridges, National Grid, Traffic Control Structures and many more.
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Any Size Trench Box; Standard & Custom Fully Stocked Sales & Rental Fleet The Best Source for Road Plate Rentals Two Trucks for FAST RELIABLE DELIVERY!
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AUGUST, 2018
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Specialists In Bonding And Insurance For Contractors Since 1926 CARL TRAINA 300 Congress Street Quincy, MA 02169-0907 617.773.9200 238 Bedford Street Lexington, MA 02421 781.861.1800
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THIS YEAR’S COSTUME THEME: Discover your inner superhero!
SATURDAY, SEPTEMBER 22, 2018 WOMPATUCK STATE PARK, HINGHAM, MA THE ATHLETIC FESTIVAL OFFERS: Scenic coast bike course - 25 or 50 Mile Bike Run or walk a trail course within the park - 5K (3.1 Mile) Fun Run - 5K (3.1 Mile) Walk
Post-athletic event outdoor festival includes: • Lunch with a little taste of the South Shore • Cold Beverages • Music and lawn games • A unique awards ceremony including best costume award
Join us for a great family event, all in the spirit of giving back. REGISTER AT MCCOURTFOUNDATION.ORG/EVENTS FOLLOW @TOURDESOUTHSHORE
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Client Bulleti
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Cullen, Murphy & Co., P.C.
IN THIS ISSUE • How the New Tax Law Affects 529 Plans • Now the G.I. Bill is Forever • Education as a Small-Business Fringe Benefit
F
Smart tax, business and planning ideas from your T
How the New TaxHow Law Affects the new tax law affects 529 plan 529 Plans
or many years, 529 college savings plans have offered a tax-favored way to save for higher education. These plans, officially qualified tuition programs, are named for the IRC section that provides their advantages. In brief, 529 plans are funded with after-tax dollars. In college savings plans, account owners choose from a menu of investments, and any earnings are untaxed. Distributions are also tax-free if they do not exceed the qualifying educational expenses of the account beneficiary: payments of tuition, fees, supplies, and certain housing expenses for the account beneficiary’s study at an eligible educational institution. Before 2018, eligible educational institutions included only post-secondary institutions.
earnings, pote remain as the for tax years 31, 2017, 529 to higher edu institution. No elementary a as well. That private, and re
There is one k distributions education are student per y There is one key caveat: Tax-free distributions forannual limit o For many years, 529 college savings elementary and secondary education areplans capped at529 plans for haveper offered a tax-favored way to save for is no $10,000 student per year. As before, there annual limiteducation. on qualified distributions from 529 plansExample 1: Bi higher These plans, officially 529 account for higher education. qualified tuition programs, are named for the IRC1:section provides theiropen a 529Over the year Example Bill andthat Claire Dawson dollars there. advantages. account for their newborn son Noah. Over the years, fifth grade, he they invest thousands of dollars there. When Noah is In brief, 529 plans are funded with afterwhere the tuit age 10, in the fifth grade, he goes to a private school tax dollars. In college savings plans, take $10,000 where the tuition is $15,000. The Dawsons take account owners choose from a menu of Youth Movement $10,000 from Noah’s 529 account to pay part of histo pay part of investments, and any earnings are untaxed. tuition with a tax-free distribution. A larger distributiondistribution. A Under the new tax law, the benefits mentioned Distributions are also tax-free if they do not could lead to an income tax obligation and possiblyto an income previously (tax-free investment earnings, potentially exceed the qualifying an additional 10% tax on educational the amount expenses of the taxablean additional tax-free distributions) remain as they were. The difof the account beneficiary: payments of taxable distrib distribution. ference is that for tax years beginning after Decemtuition, fees, supplies, and certain housing ber 31, 2017, 529 plans are no longer limited to higher Sooner than Sooner thanbeneficiary’s Later expenses for the account education at a post-secondary institution. Now they study at an eligible educational institution. For families like the Dawsons, using 529 moneyFor families li can be used for elementary and secondary educaBefore 2018, eligible educational for pre-college costs might not be an ideal strategy.money for pre tion, as well. That includes learning in public, private, institutions included only post-secondary and religious schools. continued on page 67be an ideal st institutions. withdrawn, th compounding Youth movement “BUY FROM THE ADVERTISERS IN CONSTRUCTION OUTLOOK” 65investment b AUGUST, 2018 Under the new tax law, the benefits come out as mentioned previously (tax-free investment prime benefit
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Financial Management continued from page 65 The earlier money is withdrawn, the less time there will be for compounding earnings. Extending untaxed investment buildup, which eventually may come out as a tax-free distribution, is a prime benefit of 529 plans. Even so, the new law can prove beneficial in some situations. When cash is short and private school costs are high, a $10,000 tax-free distribution from a 529 plan may be welcome. If students are now attending an expensive high school but are expected to attend an inexpensive college, it may make sense to use the $10,000 529 distribution each year.
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Moreover, even though the new 529 provision applies to federal tax, substantial benefits might come from state taxes. Nearly every state offers a 529 plan, and most of them provide state income tax credits or state tax deductions to residents who invest in the home state’s plan. (Some states have tax benefits for investing in any 529 plan.)
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Example 2: Suppose Ted and Sarah Raymond live in a state that offers a 10% tax credit for 529 contributions. They invest $10,000 in their state’s plan this year, getting a $1,000 credit against state tax. Then, they use that $10,000 to pay part of their daughter Gina’s private high school tuition. With the $1,000 state tax saving, the Raymonds effectively reduce Gina’s school cost by $1,000 by streaming their cash through their state’s 529 plan.
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Financial Management continued from page 67
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Now the G.I. Bill is Forever
hen you think of the G.I. Bill, you probably recall reading about a program designed to help military veterans receive college educations after they left the armed forces following World War II. Somewhat less known is that the G.I. Bill has endured, in various forms, until present times. Last year, the Harry W. Colmery Veterans Education Assistance Act of 2017 became law, named for the American Legion member who wrote the initial G.I. Bill. The latest version is known as the “Forever G.I. Bill” because there is no time limit on receiving benefits for military personnel. Furthermore, education benefits may be transferred to spouses and children. Who Qualifies
at least 90 days of aggregate active duty service after September 10, 2001. In addition, at least one other condition must be met. A person must be • still on active duty, • honorably discharged, or • discharged with a service-connected disability after at least 30 days of service. Thus, the new G.I. Bill can be used for college classes, including post-graduate study, or for various types of career training. An extensive approved list ranges from entrepreneurship training to flight training to vocational or technical training. The current program provides up to 36 months of education benefits, equivalent to four years at a standard college. (A 45-month limit for educational benefits may apply for individuals who first enrolled before August 1, 2018.) For the 2018–2019 academic year, the benefits cover all tuition and fee payments for an in-state student at a public college or university; for private (or even some foreign) institutions, benefits cover costs up to $23,671.94. Many schools across the country participate in a Yellow Ribbon program
The new G.I. Bill applies to service members with
continued on page 71
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Financial Management continued from page 69 that provides even greater benefits. The U.S. Department of Veterans Affairs matches contributions from the educational institutions. In addition to those amounts, G.I. Bill recipients also may receive a housing allowance plus a stipend for books and supplies. Benefit amounts may differ for education that does not occur at an institution for higher learning, such as online learning. Generally, someone must have served at least 36 months to get full benefits; those with less time in service may receive partial benefits. The time that a reservist was ordered to active duty counts towards eligibility. All post-9/11 Purple Heart recipients are fully eligible, regardless of length of service. Aon Risk Solutions Previously, there was a 15Construction Services Group year time limit for use of these benefits. Under the new law, as long as someone’s release from active duty was after 2012, the time limit has been removed.
Transferring Benefits One of the most interesting aspects of today’s G.I. Bill is the ability to transfer benefits to a spouse or a child. Example: Tanya Walker has a college degree and no interest in further education after she leaves the military. She can transfer her unused G.I. Bill benefits to her husband Dave, but Dave also has no interest in continuing any classwork. Therefore, Tanya transfers her benefits to their son Ernie and their daughter Fiona. Tanya must transfer her benefits before she leaves the military. Once she has been discharged, a transfer isn’t possible. If Tanya has used any benefits under the G.I. Bill, only the unused amount can be transferred. A few more hurdles must be cleared. Applicants must have been in the military for at least 6 years when requesting the transfer and agree to serve another 4 years on active duty or in selected reserves. Alternatively, an individual must have been in the military for at least 10 years and agree to serve as long as allowed, by policy
AUGUST, 2018
or by law. Special rules apply to anyone who was eligible for retirement on August 1, 2012. When a transfer of benefits goes to the spouse, the recipient must use them in full within 15 years after the veteran leaves active duty. When a transfer goes to children, they can’t use the G.I. Bill benefits until they graduate from high school, get an equivalency certificate, or reach age 18. Once a child reaches age 26, he or she can no longer use the transferred benefits. In this example, Ernie and Fiona may divide the transferred G.I. Bill benefits after they graduate high school. The benefits must be fully used before both children reach age 26. continued on page 73
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Financial Management continued from page 71
A
Education as a Small-Business Fringe Benefit
s reported in previous issues of Financial Management this year, the Tax Cuts and Jobs Act of 2017 dramatically reduced taxpayers’ ability to itemize deductions. Among the tax deduction opportunities that have vanished, from 2018–2025, are miscellaneous itemized deductions that exceed 2% of the taxpayer’s gross income. Such deductions included unreimbursed employee business expenses. Drilling down, those no-longer-deductible employee expenses included education outlays that were related to someone’s work at your company. Example 1: Heidi Larson is a supervisor at ABC Corp., where she is responsible for a small group of workers. Heidi is paying for online courses that will ultimately lead
to an MBA and help her in her current job. Under prior law, Heidi may have been able to deduct her costs for the MBA program, but that’s not the case now. Filling the Gap Many people will be in Heidi’s situation, unable to offset the cost of paying for education that will bolster their careers. In this environment, your small business can provide valuable education-related assistance. Offering help in this area may allow your company to attract and retain high-quality workers, in addition to improving your employees’ on-the-job performance. In 2018, the IRS released an updated Employer’s Tax Guide to Fringe Benefits, which reflects the new tax law. This guide mentions some ways that employers can offer education benefits that receive favorable tax treatment. continued on page 75
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Financial Management continued from page 73 Educational Assistance Programs
outlay, whereas Ken does not report that $5,000 as taxable income. It makes no difference whether DEF pays the bills directly or reimburses Ken for his outlay. Some formality is required when setting up an EAP and certain requirements must be met. The plan can’t favor highly compensated employees or company owners, for example, and it can’t offer cash to employees instead of educational assistance. Your accountant can help you create an EAP that complies with IRS requirements.
An educational assistance program (EAP) must be a written plan created specifically to benefit your company’s employees. Under such a plan, you can exclude from taxable compensation up to $5,250 of educational assistance provided to each covered employee per year. Example 2: Suppose that DEF Corp. has an EAP. Ken Matthews, a supervisor there, is taking courses in Working-Condition Fringe Benefit a local MBA program. DEF provides $5,000 to help Ken The benefits Burke Wicked HD 4.625 x 7.5 9-16:Dennis K. Burke 10/24/16 2:18 PM Page in 1 this category don’t require a formal pay for his courses this year. DEF can deduct its $5,000 plan, there is no limit on the amount of educational assistance involved, and no explicit limit on highly compensated employees or owners. However, there are rules that must be followed to earn tax breaks. The education must be required, by the company or by law, in order for the employee to maintain his or her present position, salary, or status at the firm, and the learning must have a valid business purpose for the employer. If those conditions can’t be met, tax breaks still may be available if the education helps to maintain or improves job-related skills. Regardless of the previous paragraph, tax benefits will be denied if the education is needed to meet the minimum educational requirements of the Just behind the Green employee’s current job or if the course Monster in Fenway Park, will qualify the employee for a new trade Bostonʼs iconic CITGO Some days, it’s just one tough sign has become a wellor business. job after another. That’s why know and beloved local CITGO produces an extensive Example 3: Nora Pearson, a sulandmark, partly due to its appearances in the line of heavy-duty lubricants. pervisor at GHI Corp., is going to law backgound of televised school at night. Even if learning the law Dennis K. Burke offers a great Red Sox games. will help Nora do her job better, comline of CITGO Heavy-Duty The original sign was pany funding for her courses won’t erected in 1965, and On-Road and Off-Road Lubriilluminated with miles of qualify for favorable taxation because cants, including Engine Oils, glass neon tubes. The the education could enable Nora to Transmission Fluids, Hydraulic current sign is lighted become an attorney, a new trade for with more durable, energy Fluids, Greases, Gear Oils and her. Any assistance from GHI will be efficient LEDs. Industrial Lubricants. treated as taxable compensation. Note that it is possible to have an EAP and provide over $5,250 to an eligible employee. Assuming that all conditions are met, assistance over $5,250 might be deductible for the employer and Premium Diesel Fuel, Motor Oil and Gasoline excluded from the employee’s taxable P.O. BOX 711 • TAUNTON, MA 02780 • 1-800-289-2875 • WWW.BURKEOIL.COM compensation as a working-condition fringe benefit. Quality Products and Dependable Service for Over 50 Years Reprinted from CPA Client Bulletin. n
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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
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Advertisers’ Index ATS Equipment, Inc. ................................................................... 34 Aggregate Industries - N.E. Region............................................ 72 Allied Bolt & Screw Corp.............................................................. 21 American Shoring, Inc...............................................Ins. Back Cvr. Aon Construction Services Group............................................... 71 B2W Software, Inc....................................................................... 72 BakerCorp.................................................................................... 73 Boro Sand & Stone Corp............................................................. 21 Brennan Consulting..................................................................... 66 Dennis K. Burke, Inc.................................................................... 75 C&S Insurance Agency............................................................... 20 Concrete Systems, Inc................................................................. 12 Core & Main................................................................................... 2 Dagle Electrical Construction Corp............................................. 24 Darmody, Merlino & Co., LLP...................................................... 67 Dedham Recycled Gravel............................................................ 69 DeSanctis Insurance Agency, Inc. ............................................. 54 Dig Safe System, Inc................................................................... 70 The Driscoll Agency .................................................................... 19 EJ................................................................................................... 7 Eastern Insurance Group, LLC.................................................... 10 Eastern States Insurance Agency, Inc.........................................74 Eastpoint Lasers, LLC................................................................. 62 T. L. Edwards, Inc........................................................................ 25 Equipment4Rent.......................................................................... 70 Ferguson Waterworks.................................................................. 64 Gorilla Hydraulic Breakers............................................................11 L. Guerini Group, Inc................................................................... 29 HD Supply Const. & Industrial AH Harris/White Cap................... 4 Hinckley Allen LLP....................................................................... 36 John Hoadley & Sons, Inc........................................................... 13 Industrial Safety & Rescue.......................................................... 58 JESCO......................................................................................... 37 P. A. Landers, Inc......................................................................... 26 Lawrence-Lynch Corp................................................................. 58 Leica Geosystems....................................................................... 39 Lorusso Corp............................................................................... 56 Lorusso Heavy Equipment, LLC.................................................. 48 MBO Precast, Inc......................................................................... 43 Mabey, Inc.................................................................................... 66 Mass Broken Stone Company..................................................... 67 Milton CAT.................................................................................... 16 Minuteman Trucks, Inc................................................................. 70 National Trench Safety................................................................ 56 Norfolk Power Equipment, Inc..................................................... 66 North American Crane & Rigging LLC........................................ 14 North East Shoring Equipment, LLC........................................... 60 Northland JCB............................................................................. 62 Ocean State Oil............................................................................ 64 Palmer Paving Corp......................................................................74 E. H. Perkins Construction Co., Inc............................................. 76 Podgurski Corp............................................................................ 68 E. J. Prescott, Inc...................................................... Ins. Front Cvr. Putnam Pipe Corporation............................................................ 54 Rain For Rent-New England........................................................ 42 Ritchie Bros. Auctioneers............................................................ 17 Rogers & Gray Insurance............................................................ 46 Schmidt Equipment, Inc....................................................Back Cvr. Scituate Concrete Products Corp................................................ 38 Scrap-It, Inc................................................................................... 9 Shea Concrete Products, Inc. .................................................... 18 SITECH New England................................................................. 40 Smith Print.................................................................................... 68 Starkweather & Shepley Ins. Brokerage, Inc.............................. 28 Systems Support Corporation..................................................... 67 Tonry Insurance Group, Inc......................................................... 62 United Concrete Products........................................................... 60 United Rentals Trench Safety...................................................... 50 Webster One Source..................................................................... 8 C. N. Wood Co., Inc. ................................................................... 22 Woodco Machinery, Inc................................................................. 6 Xylem Dewatering Solutions Inc.................................................. 68
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