A publication of the Utility Contractors’ Association of New England, Inc.
DECEMBER, 2016
UCANE’s 43rd Annual Christmas Party & Scholarship Auction
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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 AT T E R W H AT.
Years of Excellence 1954-2016
DECEMBER, 2016
IN THIS ISSUE
OFFICERS President JOHN OUR
Robert B. Our Co., Inc.
President-Elect PAUL SCENNA
Albanese D&S, Inc.
Treasurer RICHARD PACELLA, JR. R. M. Pacella, Inc.
Secretary MARCELLA ALBANESE
Albanese Brothers, Inc.
BOARD OF DIRECTORS VINCENT BARLETTA
Barletta Heavy Division
JOHN BERKSZA
Eastern Insurance Group, LLC
NICK BIELLO
3 President’s Message:
Together, We Accomplished a Lot in 2016
7 UCANE’s 2016 Wrap-Up 21 Legislative Update:
• Boston City Council Considers Two Proposed Ordinances, Which Would Significantly Impact the Construction Industry • Clean Water Trust to Release Additional Funds for Lead and Copper Testing in Public Schools; MWRA Continues to Provide Funding to Safeguard School Drinking Water • Legislature Reaches Joint Rules Accord Before 2017-2018 Session • OSHA Issues “Recommended Practices Publication” for Construction Industry • News in Brief
31 Labor Issues:
Federal Court Blocks New Department of Labor Overtime Regulations
J. D’Amico, Inc.
33 UCANE’s 6th Annual Appreciation Night Trade Show
TONY BORRELLI
35 Safety Corner:
Celco Construction Corp.
GERRY CARNEY, JR.
C. N. Wood Co., Inc.
KEVIN COLE
J. F. White Contracting Co.
BRIAN COONEY
C. C. Construction, Inc.
JON D’ALLESSANDRO D’Allessandro Corp.
GREG FEENEY
Feeney Bros. Excavation, LLC
JERRY GAGLIARDUCCI
Gagliarducci Construction, Inc.
MARCO GIOIOSO
P. Gioioso & Sons, Inc.
A. J. LORUSSO
Lorusso Heavy Equipment, LLC
AL MORTEO
FED. CORP.
JOSEPH PACELLA
RJV Construction Corp.
BRIAN RAWSTON
Jay Cashman, Inc.
PAUL A. UMBRO
Umbro & Sons Const. Corp.
CHRIS VALENTI
GVC Construction, Inc.
DAVID ZOPPO
R. Zoppo Corp.
ANNE KLAYMAN
Executive Director
Working Safely with Electricity
38 UCANE’s Annual Christmas Party & Scholarship Auction 44 A World of Thanks to Those Who Continue to Support Our Scholarship Program 47 UCANE’s 2017 Scholarship Applications Now Available 49 MBO Precast, Inc. & UCANE Support Disabled American Vets Golf Tournament 51 Spotlight on Cape Cod:
Saving Money and Improving Water Quality
55 Technology in Construction
Employees Keeping Your Data Safe? Don’t Count on It
59 Massachusetts Municipal Association News 65 Financial Management:
• Seeking a Stable Retirement • Foreign Stock Funds Can Be Doubly Taxing • Automatic Enrollment Retirement Plans
Editor: Anne Klayman, Associate Editor: Suzanne Savage, Magazine Designer: Sherri Klayman Construction Outlook Chairman: John Our Editorial Board: John Our, Paul Scenna, Richard Pacella, Jr., and Marcella Albanese 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.
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Together, We Accomplished a Lot in It’s amazing how quickly this year passed by and how much our Association was able to accomplish. It has been an honor to serve as UCANE’s President, and I would like to thank our officers, board, members, and staff for their time and effort in support of our members and our goals.
W
hen I was sworn in as UCANE President last January, my number one priority was for UCANE to continue to be the major voice and advocate for both wastewater and drinking water funding. This was accomplished in the following ways: MassDEP approved over $500 million for 2016 projects financed through the Clean Water Trust. That amount was over $30 million more than the previous year. While a very positive sign, UCANE will continue to be our industry’s eyes and ears on Beacon Hill to make sure that our elected officials prioritize funding for our out-of-sight underground water and sewer projects. To that end, our members will continue to build on our relationship with Massachusetts Governor Baker, Lt. Governor Polito, and the leadership on Beacon Hill. For the second year, both the Governor and Lt. Governor addressed members at our sold-out September Dinner Meeting. We continued to work closely with MassDEP Commissioner Martin Suuberg, MWRA Executive Director Fred Laskey and Chief Operating Officer Mike Hornbrook, and BWSC Chief Engineer John Sullivan to assure the maximum number of water and sewer projects were out-on-thestreet in a timely manner. Their presentations at our Annual Forecast meeting in March went a long way to keeping our membership informed about the major projects and allowed them to plan their resources accordingly.
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We continued to meet regularly with Attorney General Maura Healey and State Treasurer Deb Goldberg, to discuss our issues as both of these constitutional offices have a tremendous impact on the construction industry as a whole, and specifically our underground utility infrastructure projects. At the federal level, UCANE members and staff traveled to Washington, D.C. this year to meet with members of our Congressional Delegation. During this year’s Presidential election, it was very encouraging to hear the candidates agree that more has to be done to address our nation’s above and underground infrastructure, particularly clean drinking water and wastewater modernization issues. President-Elect Trump has said he wants to triple the funding in the State Revolving Loan Fund Program (SRF) and seems to have the support of both Houses of Congress. UCANE will continue to work with our national lobbying group, the Clean Water Construction Coalition (CWCC), to make certain these promises become a reality. The future for our membership seems ever brighter as our country’s leadership begins to address years of neglect. Closer to home, another important issue for our members is the progress being made on Cape Cod with the 208 Plan, which addresses local water pollution problems. During the year, 15 towns continued on page 5
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President’s Message continued from page 3 submitted their plans to the Cape Cod Commission and MassDEP, and some town meetings have approved projects. Overall, the 208 Plan should provide projects worth between $2 billion to $4 billion over the next 20 years, so it is critical to Cape Cod citizens, visitors, and tourists that the 208 Plan comes to fruition. UCANE was also active on the legislative front. Working with our lobbyist, Lynch Associates, members and staff both promoted and opposed many pieces of legislation that affect our industry. This year, in particular, many bills were filed that would have had broad ranging effects on the way UCANE member companies do business. At the top of this list was a bill to address wage theft. While well intentioned, this bill would have had a tremendously negative impact on the construction industry, potentially costing companies millions of dollars, even if they had not done anything wrong. UCANE worked together with other construction associations to successfully defeat the bill. Sadly, in 2016, UCANE lost its most staunch and zealous advocate, Phil Jasset. Phil began his affiliation with UCANE in 1954, and was still advancing our cause right up until his final days. His loss will be felt for a long time, but as I said after his passing,
the way we can best honor him is to remember his contributions and continue the work he believed in so deeply. In 2017, UCANE will present the First Annual Phil Jasset Memorial Scholarship in his name. I would like to offer my congratulations to incoming President Paul Scenna. Paul sat on the UCANE Board the last few years and UCANE will be well served by his enthusiasm and energy. I look forward to supporting and working with him next year. Finally, I’d like to offer my thanks to everyone who made my year as UCANE President a memorable and positive experience. I knew that our members’ support was going to be exceedingly important for our Association’s success, and everyone pitched in and gave it their all. Thanks for your support. In concluding, I’d like to wish every UCANE member and their families a joyous Christmas and a Happy and Healthy New Year! n
Please see page 7 for UCANE’s 2016 Wrap-Up
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UCANE’s 2016 Wrap-Up Legislative Overview
Wage Theft Legislation
UCANE maintained an active legislative agenda and worked closely with Lynch Associates, Inc. in 2016 to keep our Association’s reputation as one of the most active and involved industry advocates on Beacon Hill. Massachusetts Representatives and Senators filed close to 6,000 pieces of legislation this past session. UCANE targeted approximately 70 of these bills that would have had a direct impact on our industry – most of them negatively, and costing member businesses and taxpayers millions of dollars. These bills range from establishing overly burdensome regulations to creating unfair advantages in public bidding laws. UCANE staff and our lobbyists tracked these bills, developed position papers and written testimony, visited legislators, spoke at public hearings, and otherwise informed Beacon Hill legislators about the impacts these bills could have on our industry. Thanks to the vigilance of UCANE, none of the bills that we opposed became law in 2016. We expect some of the industry opposed bills to be refiled again in 2017. UCANE and Lynch Associates will again be there to defend the industry against harmful legislation.
In 2016, legislation was filed to amend wage theft laws in Massachusetts. UCANE supports enforcement of the many existing laws already in place on this issue, as wage theft hurts workers and responsible employers alike. However, the legislation presented was a radical proposal that goes too far, and well beyond what other states have done. It would target and punish a contractor for the actions of any tier subcontractor below him and threaten contractor reputations as well as contract completion dates. UCANE was part of a coalition that successfully lobbied for the defeat of the bill. We expect this measure to be filed again in 2017 and we will continue to oppose the measure.
UCANE Sponsored Legislation UCANE also authored bills that would improve our industry. HB 2850 – Dig Safe Revisions: UCANE’s well thought out update of the Dig Safe Laws was given a favorable by the Joint Committee on Telecommunications, Utilities, and Energy but was not enacted by the end of the session. HB 2516 – Real Estate Transfer Fee to the Clean Water Trust: UCANE testified at Joint Committee on Revenue in favor of the bill and worked with legislators to develop support, however no piece of legislation to increase taxes or fees was given favorable consideration by the Legislature in 2016. We will refile these and other proposals and seek their passage in 2017. UCANE also supported SB 2124, An Act to Maintain Public Water Systems, which would give contractors the same protections and permissions as municipal employees when working on hydrants. UCANE has met with legislative leadership for the measure along with the Massachusetts Water Works Association and other interested groups. The bill is expected to pass and be signed into law by the Governor before the end of the year.
DECEMBER, 2016
Baker/Polito Administration in 2016 Governor Charlie Baker and Lt. Governor Karyn Polito had a busy and impactful year. Both the Governor and Lt. Governor are very familiar with UCANE and our advocacy. Increased funding for the MassWorks program and their continued support of the SRF program provided some improvement in bid opportunities for UCANE members in 2016. As newly appointed agency heads settled in, the Administration was always supportive of UCANE getting face time with these new policy makers. The Governor and Lt. Governor were again guest speakers at UCANE’s September 2016 dinner meeting. Moving into 2017, we will continue our relationship with the administration and advocate for the Commonwealth to fund infrastructure upgrades to ensure our members’ ability to provide good paying jobs that improve the environment and the State’s economy at the same time.
Water Infrastructure Funding Bill – Chapter 259 For several years, UCANE has been an active member of the Water Infrastructure Alliance (WIA) comprised of construction, environmental, and engineering companies that promote clean water investment in Massachusetts. The investment is needed to close an estimated $21B funding gap for water and sewer needs that is projected in the Commonwealth over the next 20 years. It has been two years since continued on page 9
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2016 Wrap-Up continued from page 7 the passage of Chapter 259 of the Acts of 2014, which introduced a wide range of provisions to assist the water and sewer funding needs for municipalities and for the State in general. However, the FY17 budget did not appropriate the necessary funding to implement Chapter 259. UCANE continues to be a strong voice as part of WIA, leading a subcommittee to address the funding issue and participating in several campaigns to increase awareness, including being a sponsor of the national “Imagine A Day Without Water” campaign.
Infrastructure Funding Advisory Committee UCANE led a successful effort to convene the Water Infrastructure Advisory Committee. In late 2015, UCANE was appointed one of 22 members to this broad based advisory board tasked with developing a long term funding mechanism that will address the significant gap between projected needs and current available funds for water, sewer, and storm water projects. UCANE worked closely with the Administration and Legislature to finalize all appointments. The Board convened in September of 2016 under the chairmanship of Ned Bartlett from the Executive Office of Environment and Energy.
UCANE appointee Jeff Mahoney attended all three meetings and provided input on behalf of the water/ sewer construction industry. Meetings will continue into 2017.
Commission for Utility Coordination Through Chapter 259 UCANE was also designated to have one of 14 seats at the table for this commission that is charged with developing some best management practices that would assist cities, towns, and public utilities in improving the co-ordination between public and private underground infrastructure projects. Improved co-ordination would reduce repeated cuts into new streets and save money often spent on duplicative paving efforts. Such savings could be put towards upgrading the aging water/ sewer infrastructure in conjunction with the massive ongoing cast iron pipe replacement program. Getting all of the aged utilities replaced ahead of planned road and paving projects, is a common sense approach and would extend the life cycle of paving projects. Mike Lenihan sits on the Commission on behalf of UCANE and attended all seven meetings in 2016. The Commission expects a Final Report to be completed in early 2017. continued on page 11
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2016 Wrap-Up continued from page 9 Diesel Retrofit Laws/Ordinances Boston Mayor Marty Walsh advanced a City Ordinance requiring diesel retrofits for contractors working on City projects. UCANE worked with the City Council and sub-committees to make sure the new Ordinance matched up with existing EPA and MassDOT initiatives in order to provide some consistency and to control costs for contractors. UCANE worked closely with representatives of the MassDEP as well as the EPA to ensure that contractors were alerted to any federal changes to emission regulations. Contractors have spent substantial amounts of money to retrofit their equipment to create clean air and a safer environment. The number of unhealthy ozone days reported by the EPA in Massachusetts is on a steady annual decline. With redesigned Tier IV engines coming into line in the near future, greater results can be accomplished.
Truck Guards for Bicycle Protection Mayor Marty Walsh authored a City Ordinance that required all contractors who work for the City to outfit their trucks >10,000GVW with custom made guards to protect bicyclists from driving under trucks.
UCANE worked very hard with the City DPW and Inspection Unit (enforcement agency) to clarify the Ordinance and to create some rules and regulations for licensing, inspections, etc. in order to make the Ordinance less costly and the inspection process less burdensome for contractors. UCANE also weighed in as “Opposed” to SB 1810 (Brownsberger), filed this past session, that would extend similar truck guard requirements statewide. The bill was defeated.
Asbestos Removal Training Course UCANE has continued to offer its members the 8-hour Class II Asbestos Training Course in conjunction with ATC Associates, Inc. of West Springfield, MA. Both OSHA and the Department of Labor Standards have approved this course. Over the last five years more than 300 individuals have received Asbestos Cement Pipe (ACP) Worker Safety Certificates through UCANE. This number includes attendees from 42 contractors, as well as representatives from MassDEP, MWRA, MWWA, and municipalities. In 2015 UCANE was part of a select group that worked alongside MassDEP to update the agency’s AC Pipe Guidance Document. In May 2015 the Guidance Document was re-issued with many clarifications and improvements that will make removing AC pipe during public works continued on page 13
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2016 Wrap-Up continued from page 11 projects more manageable and less costly for both contractors and municipal owners. AC Pipe Training Certifications are good for five years, so 2016 saw the first call for the mandated “refresher course” for those contractors certified in 2011. Again UCANE worked closely in 2016 with MassDEP and MWWA to develop an approved ‘refresher course’ and offered two sessions to our members this past year. In 2017, UCANE will offer both the 8-hour course and the refresher sessions.
MassDEP - Soils Management Policy In 2015, MassDEP developed an Interim Policy in order to allow agency oversight in the transport of any type of soil to sites receiving more than 100,000cy of material. UCANE provided written testimony and attended multiple hearings and discussion sessions as MassDEP sought input prior to developing the Policy. The Policy expands MassDEP regulations into the transport of clean soil and will have particular impacts to sites receiving large amounts of soil disposal i.e., abandoned quarries and gravel pits. UCANE attended MassDEP forums and provided input on the issue, and in particular the lack of approved disposal
sites in Massachusetts for clean and low level contaminated surplus material. MassDEP listened to our input and postponed a potentially more onerous set of regulations. The Interim Policy was found to provide the protection that MassDEP was looking for while proving to be a workable policy for pit owners. In 2016, the number of MassDEP approved “large volume” disposal sites increased from three to six. Related to this issue on the siting process, SB 462 would have greatly increased the difficulty and expense to reclaim gravel and quarry sites by utilizing them for surplus disposal needs. UCANE submitted testimony in opposition of the proposal, and the bill was put into study in 2016. Should the measure be refiled, UCANE will continue to closely monitor it in 2017.
Cape Cod - Section 208 Plan Progress UCANE continued to advocate and meet with several state agencies including the Cape Cod Commission, MassDEP, and municipalities over the last few years since the successful lawsuit filed by the Conservation Law Foundation put pressure on the EPA and Cape Cod Towns to update the 25-year-old regional Sewer Plan and to begin implementation. The extencontinued on page 15
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2016 Wrap-Up continued from page 13 sive regional sewer study is called Section 208. The cost to implement the 208 Plan is estimated between $2B and $4B over the next 20 years. In 2016, towns on the Cape submitted their court ordered plans for approval. In many cases towns worked together based on common groundwater basin boundaries to design multiple engineering solutions to the nitrogen problem that is threatening many areas on the Cape. The 208 Plan is critical to protecting Cape Cod’s drinking water, its beaches, and its coastal industries. In early 2017 the MassDEP will approve or recommend changes to the submitted plans and long term schedules will be developed for approval by the EPA. UCANE will be closely monitoring the forward progress of the 208 Plan and continue to work with the stakeholders to ensure that these projects continue to move forward. The implementation of Section 208 will improve the health and well being of people living on the Cape and will mean great opportunities for UCANE contractors for many years to come.
CDL Self Certification Policy UCANE continued to monitor new regulations by the Federal Motor Carrier Safety Administration (FMCSA) requiring all CDL operators to self-certify by January 30, 2014. The purpose of this policy is to inform the Registry of the type of commerce CDL operators are engaged in and to determine whether or not operators are required to hold a medical certificate. Failure to comply will result in the downgrading of a CDL license to a Class D license, and a fee will apply. For more information on this policy, visit: http:// www.massrmv.com/rmv/license/8cdl.htm. New Federal regulations requiring more CDL training are being discussed in Washington and UCANE will keep our members apprised of changes to the CDL licensing standards.
continues to attend MWRA Advisory Board meetings in order to keep up with discussions on budgets, capital planning, etc. UCANE maintains an open line of communication with both agencies. In the coming year, UCANE will be working closely with the MWRA on their proposed $1.5 billion tunnel redundancy system project to insure that maximum opportunities will be afforded to UCANE members. We will also want to assure that this large investment does not jeopardize the current MWRA Capital Improvements Plan and MWRA’s efforts to reduce the infrastructure needs gap within their member communities. The leaders of both agencies annually presented detailed listings of upcoming work and funding commitments to a large audience of interested UCANE members at our March Forecast Dinner Meeting and Trade Show.
Construction Roundtable with AG Along with other Construction Associations, UCANE continued to participate in the construction roundtable meetings with Massachusetts Attorney General Maura Healey and her staff to discuss issues of concern to the construction industry. Meetings in 2016 reviewed Bid Protest Decisions and Prevailing wages issues. The group also discussed the 2016 court decision that removed PBEs from the state Supcontinued on page 17
MMA/UCANE Relationship UCANE continued to work with the Mass. Municipal Association (MMA) on several issues that are of mutual interest. We presented to the MMA Policy Committee on Energy and the Environment and discussed with municipal and public works officials ways to advocate for increased investment in water infrastructure through the Clean Water Trust and other revenue sources. UCANE continued to publish pertinent articles from the MMA newsletter, The Beacon, in Construction Outlook magazine, which is distributed to all City and Towns in Massachusetts.
MWRA and BWSC These are the two agencies with the largest water and sewer operating budgets. UCANE maintains relationships with the decision makers at MWRA and Boston Water & Sewer Commission (BWSC) and
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2016 Wrap-Up continued from page 15 plier Diversity Office listing for MBEs and the resulting difficulties that contractors face in meeting MBE/WBE compliance goals with the diminished SDO pool. UCANE looks forward to continuing productive roundtable discussions with the AG and her staff in 2017.
Paid Sick Leave Law In 2014, Massachusetts voters approved a Ballot Initiative (Law) that requires employers with more than 10 employees to provide paid sick leave benefits. Although not directed at our industry, this new law impacted contractors greatly. In 2015, UCANE joined with other contractor associations to work with the AG’s office as they began the lengthy task of creating regulations that would clarify implementation of the new Law. It was an uphill task, but UCANE was able to assist with some mitigating language in the regulations, which became effective on July 1, 2015. In, 2016, UCANE and our legal counsel Hinckley Allen, LLC ran seminars for our members to assist them in understanding recordkeeping, notice requirements, and other aspects of the law.
OSHA & Safety Related Issues UCANE continued to monitor and advise our membership about any new safety regulations promulgated by the Massachusetts Department of
Public Safety, Division of Occupational Safety, and OSHA. In 2016, OSHA established new Reporting and Recordkeeping Rules for jobsite injuries, including Electronic Reporting; and also revised some Eye and Face Protection Standards. Most significant for contractors may be the new OSHA Silica Rule, which may make many current jobsite tools obsolete. Enforcement will begin in 2017. In 2016, UCANE provided seminars on OSHA related topics including “How to Respond to an OSHA Inspection.”
National Legislative and Industry Initiatives UCANE continues to be an active member of the national contractor’s group, the Clean Water Construction Coalition (CWCC), which maintains an active presence in Washington, D.C. and promotes the need for clean water funding at the national level. A UCANE delegation, led by Vin Barletta (Barletta Heavy Division), participated in the CWCC Fly-In on May 9 in Washington D.C. Our group met with members of the Massachusetts Congressional delegation as well as fellow CWCC contractors from across the country to discuss local and national water infrastructure issues. During the 20152016 presidential campaign, President-Elect Trump emphasized that infrastructure is a priority, including a strong emphasis on water infrastructure and the State continued on page 19
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DECEMBER, 2016
2016 Wrap-Up continued from page 17 Revolving Fund (SRF). UCANE will continue to work with the CWCC on Capitol Hill to help make this campaign pledge come to fruition.
UCANE’s 5th Annual Trade Show Held UCANE’s 5th Annual Trade Show as a way of thanking Construction Outlook advertisers. Thirty-five Associate member companies took advantage of a complimentary opportunity to set-up displays and hand out literature detailing their products and services prior to the March Construction Forecast Dinner Meeting. Company representatives were able to meet and talk with many of UCANE’s contractors and their key personnel in a social setting. Our 6th Annual Trade Show will be held prior to our March 15, 2017 Dinner Meeting.
Honors & Awards at UCANE’s 62 nd Annual Banquet • Presented 2016 “Contractor Member of the Year” Award to Tony Borrelli, Celco Construction Corp. • Presented 2016 “Associate Member of the Year” Award to Adam DeSanctis, DeSanctis Insurance Agency, Inc. • UCANE received a Special Recognition Thank You Award from Norfolk Bristol Middlesex Highway Association
Charitable Endeavors • Supported Leukemia & Lymphoma Society of MA 7th Annual “Gala for a Cure” through Co-chairs Al and Rosemary Morteo (FED. CORP.). • Supported the Diabetes Foundation through the Benard Family. • Supported the Joe Andruzzi Foundation to help cancer patients. • Sponsored the Mystic River Herring Run & Paddle to support the Mystic River Watershed Association. • Supported Pan-Mass Challenge through Joel Lewin (Hinckley Allen, LLP) and Tom Descoteaux (R. H. White Const. Co., Inc.). • Supported the “Rodman Ride for Kids” through Rodman Ford Sales, Inc. • Supported the Alzheimer’s Association through the Richard Pacella Family. • Supported the “Tour de South Shore” through the McCourt Foundation. • Supported the Massachusetts Hospital School through K & K Excavation Co., Inc. • Supported the Disabled American Vetrans (DAV) through Dan Mahoney (MBO Precast, Inc.). • Supported many other charities throughout the year.
Member Communications • For the first time, the UCANE Industry Directory was sent to all Municipal DPW Directors in the state. Our Directory also included an “Emergency Services” section to provide DPW officials with quick contact information of UCANE members in case of a local emergency. • Sent monthly e-newsletters to keep members informed of the latest construction and legislative related issues. As a complimentary feature to support our “Buy from UCANE Member Program” our e-newsletter includes Construction Outlook advertisers on a rotating basis at no additional charge. • UCANE’s website makes it easier for members to access information on seminars and meetings. It includes an online version of Construction Outlook magazine as well as all of our advertisers with links to their websites. • UCANE increased our social media exposure with LinkedIn, Twitter, and Facebook.
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College Scholarship Program • Awarded twelve $2,000 college scholarships to High School seniors who are the children of UCANE members and their employees. • Held successful Christmas Party and Auction to support our Scholarship and General Fund. • Honored former UCANE members with Memorial and Honorary Scholarships.
DECEMBER, 2016
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Boston City Council Considers Two Proposed Ordinances, Which Would Significantly Impact the Construction Industry
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s they head into the final weeks of the 2016 session, the Boston City Council will be considering two proposed ordinances that may significantly impact the construction industry. The proposals, which concern the ability to pull building permits and the composition of the project workforce, respectively, must be acted on before the end of the year or be refiled for consideration under the Boston City Council’s 2017 session. According to a press release from Mayor Marty Walsh’s office, the first proposal aims to better protect the safety of workers and the public by allowing the City of Boston the right to deny, revoke, or suspend a permit for work in Boston based on an applicant's work safety history. The ordinance will require that those receiving permits to work within the City of Boston swear and affirm their work safety history, including current and resolved Occupational Safety and Health Administration (“OSHA”) violations. Currently, the City of Boston does not have this authority and is not directly notified of resolved or outstanding OSHA violations. Finally, the ordinance will update the City of Boston Municipal Code to allow a city officer in charge of issuing a permit to deny, revoke, or suspend a permit to a person, corporation, or business entity that has a history of engaging in unsafe, hazardous, or dangerous practices. The second proposal, also filed by Mayor Walsh, aims to increase employment standards for the Boston Residents Jobs Policy (“BRJP”) and Boston Employment Commission (“BEC”) as part of an ongoing effort to create more employment opportunities for Boston residents, persons of color, and women. According to the Mayor’s Office, the new standards address the need to create more inclusive employment opportunities during the third largest construction boom in Boston's history.
DECEMBER, 2016
The updated ordinance requires that Boston residents represent a majority on each of the covered construction projects to reflect the changing nature of Boston's demographics. The new employment standard aims to increase the percentage of Boston residents, workers of color, and women on each development site, and applies the same standards to apprentices. In particular, the proposed Ordinance provides that (a) at least 51 percent of the total employee work hours and 51 percent of the total apprentice work hours in each trade on a covered project shall be by Boston residents; (b) at least 40 percent of the total employee work hours and 40 percent of the total apprentice work hours in each trade on a covered project shall be by people of color; and (c) at least 12 percent of the total employee work hours and 12 percent of the total apprentice work hours in each trade on a covered project shall be by women. In an effort to streamline the compliance process, the BEC, under the proposed Ordinance, will be responsible for compliance review of all covered projects, including those monitored by the Boston Planning and Development Agency, and the City Council will hold a hearing to review the work of the Boston Employment Commission twice per year. Since its creation in 1983, the Boston Residents Jobs Policy has been the City of Boston's attempt to ensure resident employment on City sponsored, privately funded, and federally mandated development projects within City limits. UCANE, along with the other contractor and developer associations, has been monitoring these initiatives and educating policymakers about the proposals’ legality under federal and state law; practical problems posed; and potential impact on bidding practices within the City of Boston. continued on page 23
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Legislative Update continued from page 21
Clean Water Trust to Release Additional Funds for Lead and Copper Testing in Public Schools; MWRA Continues to Provide Funding to Safeguard School Drinking Water
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overnor Charlie Baker and State Treasurer Deb Goldberg announced an additional $750,000 would be provided from the Massachusetts Clean Water Trust (MCWT) to enable Massachusetts’ public schools to test for lead and copper. According to the joint press release from the Governor and Treasurer, the funds, which are in addition to the April 2016 announcement that awarded $2 million for the program, allows the Massachusetts Department of Environmental Protection (MassDEP) to provide technical assistance for public school districts to sample water taps and fountains, and to identify results that indicate lead contamination over the federal action level. The funding from the MCWT provides for sampling to confirm that drinking water levels are below action levels in public school water fountains and fixtures used for food preparation, and is utilized for the training of school personnel to assist in designing sampling plans. Approximately 26,000 water samples have been collected and analyzed at local schools throughout the Commonwealth. Working with technical assistance contractors from the University of Massachusetts at Amherst, the MassDEP has completed sampling of 451 school buildings in 90 communities. Furthermore, another 21 school facilities in six additional communities are scheduled to be sampled in early December.
year. This analysis has included thousands of water samples from schools participating in the Commonwealth’s program. The water sampling and technical assistance for all 930 school buildings enrolled in the program is expected to be completed by January 2017. Water supplied to schools is generally free of lead, but lead can be introduced into drinking water through plumbing and fixtures in buildings – especially in facilities more than 20 years old. The assistance program also addresses copper, which can also enter drinking water through plumbing. Expect to hear more about efforts to reduce exposure to lead and copper in public schools in the beginning of 2017. continued on page 25
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Of the 25,900 samples secured thus far, 164 school buildings have had one or more exceedances of the lead action level, while 76 school buildings have had one or more exceedance of the copper action level. A total of 73 school buildings have had no exceedance for either lead or copper. For its part, the Massachusetts Water Resources Authority (MWRA) has also provided assistance to schools in their Greater Boston service area. Utilizing the MWRA’s own laboratory, the agency has analyzed more than 7,000 water samples from 240 school buildings since early this
DECEMBER, 2016
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Legislative Update continued from page 23
A
Legislature Reaches Joint Rules Accord Before 2017-2018 Session
ccording to a report in the State House News Service, Speaker Bob DeLeo and Senate President Stan Rosenberg have reached an agreement over the rules governing the joint processes of their respective legislative branches. At the start of the 2015-2016 legislative session, negotiations over the “joint rules” led to a notable delay in committee activity. Among the chief concerns expressed at the time was the reporting of legislation by committees. In particular, joint committees of the House and Senate have a Chairman or Chairwoman from each branch, but committee membership is comprised of more House members. Accordingly, Senate leaders sought the ability to report legislation from committees without having to seek House approval on matters of importance to Senate members. Under the new agreement, the deadline for joint House-Senate committees to report out legislation - known as Joint Rule 10 day - will be moved
up by more than a month from the third Wednesday in March to February 1 of the second year of the session. Legislation will also be reported to the chamber of their origination unless otherwise agreed by the committee. Other proposed changes in the agreement include a requirement that six-member conference committees of House and Senate members must be named no later than two weeks before the July 31 end of formal sessions in the second year of the session. The House and Senate leaders also agreed to require roll call votes on "consolidated" or "bundled" budget amendments. Finally, the Senate will also no longer allow "pairing," a process under which senators with opposing viewpoints offset their votes when one member is not present to cast their own vote. The rules changes will be presented to the full membership of the House and Senate for debate and approval in January. continued on page 27
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Legislative Update continued from page 25
OSHA Issues “Recommended Practices Publication” for Construction Industry
O
tion, OSHA’s publication encourages finding and fixing workplace hazards before they cause injuries, illnesses, and deaths. Implementing these programs also helps reduce the financial difficulties these events can cause for workers, their families, and their employers. According to the publication, “contractors can create a safety and health program using a number of simple steps that include: training workers on how to identify and control hazards; inspecting the jobsite with workers to identify problems with equipment and materials; and developing responses to possible emergency scenarios in advance.” Among the reasons offered for the publication, OSHA commented that these recommended 2 Dexter Street practices reflect current conditions in the Everett, MA 02149 Boston Area construction industry. In particular, the Boston Area Locations changing work environment includes: (a) Locations 431 Second Street new construction techniques, materials, Everett, MA 02149 and equipment have come into common 2 Dexter Street 2 Dexter Street use; (b) greater diversity in the construcEverett, MA 02149 Everett, MA 02149 tion workforce means that people from different backgrounds and cultures are work431 Second Street 431 Second Street ing alongside each other, often speaking Everett, MA 02149 Everett, MA 02149 different languages; (c) increased tempoBOSTON AREA LOCATIONS rary and contract employment means that 2 Dexter Street 431 Second Street traditional relationships between workers Everett, MA 02149 Everett, MA 02149 and employers are shifting, and changes in safety programs and policies will be required to ensure the safety and health of all workers at worksites characterized by these newer and more fluid relationships. The recommended practices for a safety and health program are flexible and can be adjusted to fit small and large construction companies handling shortterm or multi-year projects. Working with employees to implement a program can Minichiello Bros./Scrap-It, Inc., offer other benefits including improveMinichiello Bros./Scrap-It, Inc. ments in production and quality; greater Serves over 2500 customers a week and is one of New England’s largest Serves over 2500 customers a week and is one New England's largest buyers, employee morale; improved employee buyers, sellers, and processors of scrap metal. Forour overgoal 60 years goal sellers and processors of scrap metal. For over 60 years has our remained recruiting and retention; and a more faremained the same - to in provide the best along prices in thetop industry along with the same - tohas provide the best prices the industry with notch vorable image and reputation among custop notch service! Fred Rogers at 617-595-5505 customer service! Callcustomer Fred Rogers at Call 617-595-5505 tomers, suppliers, and the community. inichiello Bros./Scrap-It, Inc., Under the Occupational Safety and Minichiello Bros./Scrap-It, Inc., Health Act of 1970, employers are rerves over 2500 customers a week and is one New England's largest buyers, sponsible llers and processors of scrap metal. For overa60week years ourisgoal Serves over 2500 customers and onehas Newremained England's largest buyers,for providing safe and healthful workplaces for their employees. OSHA's e 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 role is to ensure these conditions for stomer service! the Callsame Fred -Rogers at 617-595-5505 to provide the best prices in the industry along with top notch America's working men and women by customer service! Call Fred Rogers at 617-595-5505 setting and enforcing standards, and pro viding training, education and assistance. For more information, please visit: Turn your metal into money today! www.osha.gov/shpguidelines/docs/8524_ Turn your metal into money today! OSHA_Construction_Guidelines_R4.pdf. Minichiello Bros. Inc./Scrap-It Inc. SHA recently announced the issuance of a publication, “Recommended Practices for Safety and Health Programs in Construction”, to help industry employers develop proactive programs to keep their workplaces safe. According to a release from OSHA, the recommendations may be particularly helpful to small- and medium-sized contractors who lack safety and health specialists on staff. As noted in the release, the recommendations are advisory only and do not create any new legal obligations or alter existing obligations created by OSHA standards or Boston Area regulations. Locations In an effort to highlight the benefits of preventive ac-
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DECEMBER, 2016
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Legislative Update continued from page 27
News in Brief • N ew Commissioner for the Massachusetts Department of Public Safety. Matt Carlin, Commissioner of the Mass. DPS, announced his return to the private sector as of October 31, 2016. The former CEO at Resource Options Inc., Commissioner Carlin was credited with streamlining regulations and processes at the Department. Commissioner Carlin oversaw an agency with regulatory authority over the state building code, refrigeration technicians and pipefitters, elevator inspections, in addition to public warehouses, hoisting machine operators, ticket resellers, and amusement rides. Executive Office of Public Safety Assistant Secretary Matt Moran, former Chief of Staff to Senator James Timilty, will serve as interim commissioner. • Mayor Setti Warren Rumored to Consider Run for Governor. Newton Mayor Setti Warren, recently announced that he would not be seeking another term as the Mayor of the City of Newton. Speculation immediately swirled that Mayor Warren may begin to seek higher office. A report in the Boston Globe shortly thereafter reported that Mayor Warren had begun to sound out leading Democratic operatives and fundraisers about a run for the Governor’s Office. Mayor Warren, a former staffer for then Senator John Kerry and President Bill Clinton,
served in the United States Navy. • Key Early Dates for the 2017-2018 Legislative Session. When the Massachusetts House of Representatives and Senators begin their work for the new legislative session, there will be a couple key dates to observe. First, new legislators are sworn in on Janury 4, 2017. The deadline for filing timely filed legislation, which does not need special approval for being admitted is January 20, 2017. Finally, the Governor technically has until eight weeks from the convening of the legislature to file his budget proposal, but usually does so within three weeks of the start of session. • Single-Walled Underground Storage Tank Deadline. The MassDEP has been reminding owners of single-walled steel underground storage tanks that an important deadline is coming in August 2017. Under MassDEP regulations, all single-walled tanks must either be removed or permanently closed-in-place by August 7, 2017. The deadline has been in effect since March 2008. For more information about deadlines and compliance options, please visit: www.mass.gov/eea/ docs/dep/toxics/ust/ust-frsum.pdf. Questions about single-walled steel tanks or financial responsibility requirements may also be emailed to DEP.UST@state.ma.us.
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Federal Court Blocks New Department of Labor Overtime Regulations On November 22, 2016, a federal district court in Texas issued a nationwide preliminary injunction blocking the new DOL overtime regulations that were set to take effect on December 1 of this year. And while this fight is far from over, it does effectively put on hold implementation of the regulations.
U
nder the DOL’s new regulations, the minimum salary level for most white collar employees would increase to $913 per week, or $47,476 per year — about twice the current minimum ($455/$23,660). Additionally, the minimum salary for the “highly compensated” employee exemption would have increased to $134,000 annually. The new regulations also allowed employers to use certain bonus and incentive payments to account for up to 10 percent of the new salary level, and contained a mechanism for automatic increases of the minimum salary every three years. On Tuesday, November 22, 2016 – about a week before the rules would have become effective – Judge Amos L. Mazzant, of the U.S. District Court for the Eastern District of Texas, determined that the DOL had exceeded its statutory authority by maintaining a minimum salary requirement as one of the criteria for certain of the white collar exemptions, even though the regulations have had some minimum threshold since inception. The Court issued a nationwide injunction finding that it “protects both employees and employers” so as not to be subject to different exemptions based on location. In reaching this conclusion, the Court also held the DOL did not have the authority to imple-
DECEMBER, 2016
ment an automatic update to increase the salary level every three years. While many employers have prepared for and in many cases started to implement changes based on the new DOL regulations, the Court’s ruling effectively delays implementation. The injunction is only a preliminary ruling, and it is too early to tell how this will ultimately play out. If the DOL appeals the ruling, the appeal would be heard by the Fifth Circuit Court of appeals. If the appeal is still pending when the Trump administration takes office in January, the DOL may abandon the appeal. Congress may also try again to pass legislation overturning the rules or further delaying their implementation. Given the changing political landscape, it is difficult to know whether the DOL rules will ever become effective. It is certain, however, that the rule will no longer be effective on December 1, 2016.
Employers who already made changes to comply with the DOL regulations should consult with counsel before deciding whether and how to undo these changes. All other employers should continue to monitor the status of these regulations, which may – or may not – become effective at a later date. n
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Trade Show booths offered at NO COST to Construction Outlook Magazine Advertisers.
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If you are not currently advertising in Construction Outlook, we hope you will consider placing an ad. Our monthly magazine showcases your products and services to contractors who use them. Our Trade Show is a great opportunity to meet with UCANE members and guests face-to-face. For more information and advertising rates call Suzanne at the UCANE office.
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Working Safely with Electricity Concerns for Engineers, Linemen and Electricians Electricity is powerful and dangerous, plain and simple. As a lineman, engineer or electrician, you come in direct contact with electricity via overhead lines, cable harnesses and circuit assemblies. To protect yourself while working with electricity, consider these safety recommendations when working near generators, power lines, extension cords and construction equipment.
Generator Dangers Generators are typically powered by gasoline using internal combustion engines to produce electricity. They produce carbon monoxide (CO), which is a colorless, odorless gas that can reduce your ability to breathe when it is inhaled. CO poisoning may produce symptoms such as headaches, nausea, tiredness and eventual unconsciousness. CO poisoning is potentially fatal. When working with generators: • DO NOT bring them indoors. Be sure they are located in a location where the exhaust gases cannot enter a building. • Be sure that the main circuit breaker is OFF and locked out prior to starting any generator. This will prevent inadvertent energization of power lines from the back feed electrical energy and can help protect you from possible electrocution. • Turn off generators and let them cool prior to refueling.
Power Line Dangers
hazardous because they carry extremely high voltages of electricity. Fatal electrocution is the main risk, yet burns and falls are also serious hazards. When working near power lines: • Look for indicators, especially those buried underground. • Stay at least 10 feet away from overhead power lines and always assume that they are energized. continued on page 37
Electricity is No Laughing Matter Employees working near electricity can suffer injuries, ranging from minor burns to death. If you have questions about equipment that you are using, contact your supervisor immediately to learn more about your risks and how to prevent injuries.
Overhead and buried power lines are especially
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Safety Corner continued from page 35 • De-energize and ground lines when working near them. • Use non-conductive wood or fiberglass ladders only; never use metal ladders.
Extension Cords Normal wear on cords can loosen or expose wires. In addition, cords that are not three-wire type are not designed for hard usage, which increases your risk of coming in contact with an electrical current. When working with extension cords: • Use cords that are only designed to meet Occupational Safety and Health Administration (OSHA) standards. • Do not modify cords or use them incorrectly. • Use factory-assembled cord sets and only extension cords that are three-wire type. • Use cords, connection devices and fittings that are equipped with strain relief.
Equipment Due to the dynamic, rugged nature of construction work, normal use of electrical equipment causes wear and tear that can result in insulation breaks, short-circuits and exposed wires. If there is no protection in place, a ground-fault can send current through your body. When working with construction equipment: • Use ground-fault circuit interrupters (GFCIs) on all 120-volt, single-phase, 15- and 20-ampere receptacles, or have an assured equipment grounding conductor program (AEGCP) in place. • Use double-insulated tools and equipment that are distinctively marked. • Visually inspect all electrical equipment before use. Remove any equipment with frayed cords, missing ground prongs, cracked tool casings, etc. from service. • When the power supply to electrical equipment is not grounded or the path has been broken, fault current may travel through your body, causing electrical burns or even death. Even when the power system is properly grounded, electrical equipment can instantly change from safe to hazardous because of extreme current conditions and rough treatment.
circuits and electrical equipment. • Frequently inspect electrical systems to insure that the path to the ground is continuous. • Do not remove ground prongs from cordand plug-connected equipment or extension cords. • Avoid standing in wet areas when using portable electrical tools.
Serious Danger Excessive electricity flowing through the human body can cause serious damage to internal organs. Resulting medical problems include internal bleeding, tissue destruction, and nerve or muscle damage. These internal injuries may not be immediately apparent to the victim or obeservers; however, left untreated, they can result in death.
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Something “Ugly” Happened at UCANE’S 43rd Annual Christmas Party and Scholarship Auction! While beauty may be in the eyes of the beholder – ugly is universal – except for this year when we turned ugly into a thing of beauty at UCANE’s 43rd Annual Christmas Party and Scholarship Auction, held at The Lantana in Randolph, MA. This first-time event was so popular that it will probably become an annual feature!
H
ow did the UCANE staff make a fabulous and entertaining evening even more fabulous and entertaining? By adding an “Ugly Christmas Sweater Contest” to get everyone smiling and laughing and into a festive mood. UCANE’s Executive Director Anne Klayman officially kicked off the auction with opening remarks thanking everyone for “supporting this event that helps fund our twelve $2,000 college scholarships, which are awarded to deserving students who are the children of our members and their employees.” She then introduced professional auctioneer Gary Seybold, who had flown in from Florida earlier in the day, just to participate in our event. His auctioneering skills were immediately recognized from his deep southern accent and his calling out bids, in a fast repetitive way, which some would recall as sounding like you were attending a cattle auction from an old cowboy movie. It made for a lot of fun and required bidders to keep “on their toes” so they did not lose out
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on an item they wanted. Anne thanked UCANE member Ritchie Brothers Auctioneers, who are known across the country, for sending Gary to conduct this year’s event. If by chance any one of the nearly 200 attendees was not in the festive Christmas mood before arriving at The Lantana, then within a short time that would all change. Soon after the dinner buffet was open and all were seated, Anne Klayman began calling the names of winners for the over 50 raffle prizes. Then, she called all the ugly sweater contest participants to come to the front of the hall to receive a prize and have a group picture taken for our magazine. As is customary, there was something for everyone at UCANE’s Auction. For the sports enthusiast there was the priceless Red Sox Luxury Suite for 22 people; Bruins, Red Sox, Celtics, and Patriots tickets; and authentic autographed memorabilia from Rob “Gronk” Gronkowski, Tuukka Rask, Malcom Butler, Julian Edelman, and Derek Sanderson.
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DECEMBER, 2016
In addition to construction items donated by UCANE members such as gravel and stone, and equipment rentals, there were overnight stays at the Seaport Hotel, Mohegan Sun, and the Westin Waltham Hotel. Some more unique items were a winery tour and tasting for 10 at the Boston Winery, and in honor of our longtime friend and member Phil Jassett, dinner for four with UCANE Contractors Steve Comoletti, Jon D’Allessandro, and David Zoppo and dinner for 10 at Anne Klayman’s house served by the UCANE staff. These last two items will fund the newly established Phil Jasset Memorial Scholarship. Our other auction items ranged from fishing trips to home décor items, including furniture and beautiful Chapman lamps. We were lucky enough to offer a highly coveted and classic Rowe jukebox filled with 100 CDs and a little girl's dream come true with a Disney Frozen doll house and a life size Princess Castle Playhouse. There were many other amazing items donated by our continued on page 00
DECEMBER, 2016
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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 40
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DECEMBER, 2016
Auction continued from page 39 generous members and friends or purchased using cash donations, all of which made this year’s auction a truly memorable and highly successful event. With the help of our auctioneer, buyer’s vigorously tried to outbid each other for coveted items, driving the prices higher and higher. In the end, the high bidder was loudly and wildly applauded, not so much because of the winning bid, but for the great fun and entertainment it provided. (For a complete list of donors, sponsors, and purchasers, please turn to pages 44-45.)
For those members who were unable to attend our auction, we are certain that you would have had a wonderful time. Not only was it an event to support our Scholarship and General Fund, it was a night filled with fun, friends, competition, and laughs. What a perfect way to kick off the holiday season! n
DECEMBER, 2016
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A world of thanks to the following UCANE members and friends who donated cash or provided items or services for our auction... and to those who purchased auction items. ATS Equipment, Inc. Aggregate Industries - N. E. Region Albanese Bros., Inc. Albanese D&S, Inc. American Shoring Inc. Aqua Line Utility, Inc. Barker Steel, LLC Barletta Heavy Division A. R. Belli, Inc. Benevento Companies Biszko Contracting Corp. Black Mountain Ski Resort (NH) Blue Man Group The Boston Beer Company Boston Bruins Boston Food Tours Boston Harbor Cruises Boston Winery Brookmeadow Country Club Dennis K. Burke, Inc. C.J.P. & Sons Const. Co., Inc. C&S Insurance Agency, Inc. P. Caliacco Corp. Jay Cashman, Inc.
Celco Construction Corp. Channel 7 Chapman Waterproofing Co., Inc. Cliffords Flowers Comedy Connection Concrete Systems, Inc. Dagle Electrical Const. Corp. Dale Carnegie Institute D’Allessandro Corp. J. D’Amico, Inc. Darmody, Merlino & Co., LLP DartDrones Del Frisco’s Steakhouse James J. Dowd & Sons Insurance EJ Eastern Insurance Group, LLP Eastern States Ins. Agency, Inc. Eastpoint Lasers, LLC Environmental Partners Group, Inc. Equipment Corporation of America F1-Boston FED. CORP. Feeney Bros. Excavation, LLC Ferguson Waterworks
The Fours Restaurant Four Points By Sheraton Hotel GVC Construction Inc. Gagliarducci Construction, Inc. Garrity Asphalt Reclaiming, Inc. Gencorp Insurance Group Pelino Gioioso P. Gioioso & Sons, Inc. Green Environmental, Inc. L. Guerini Group Inc. HD Supply Const. & Industrial White Cap HD Supply Waterworks I.W. Harding Const. Co., Inc. A. H. Harris Construction Supplies HUB Int’l New England, LLC Iaria Bros., Inc. P. T. Kelley, Inc. The Lafayette House (Foxboro, MA) Lazerlight Skin Clinic (Norwell) P. A. Landers, Inc. Lawrence-Lynch Corp. Joel Lewin (Hinckley Allen LLP) G. Lopes Construction Inc.
RJV Construction Corp. Lorusso Corporation Rain for Rent - New England Lorusso Heavy Equipment, LLC Ritchie Bros. Auctioneers S. M. Lorusso & Sons, Inc. Luciano’s Restaurant (Wrentham, MA) RoadSafe Traffic Systems, Inc. Salon Capri (Dedham, MA) Makeovers Salon & Spa (Easton, MA) Schmidt Equipment, Inc. Marois Bros., Inc. Scituate Concrete Pipe Corp. W. B. Mason Co. Scituate Concrete Products Corp. McCourt Construction Company Scrap-It, Inc./ McWane Ductile Minichiello Bros., Inc. Milton CAT The Seaport Hotel (Boston) Mohegan Sun Casino SpeakEasy Stage Company Newport Vineyards Starkweather & Shepley Insurance Newton Marriott Hotel Brokerage, Inc. North American Crane & Rigging The Stiles Company, Inc. Northeast Traffic Control Story Land (NH) Services, Inc. Strega on the Waterfront Ocean State Oil Sylvan LearningCenter Robert B. Our Co., Inc. Systems Support Corp. E. H. Perkins Const. Co., Inc. TD Garden Podgurski Corp. Tascon Corp. J. A. Polito & Sons Co., Inc. Taylor Oil Company E. J. Prescott, Inc. Thorney Lea Country Club H. R. Prescott & Sons, Inc. Top of the Hub Putnam Pipe Corp.
Tonry Insurance Group, Inc. Travelers Triumph Modular Inc. USI Insurance Services, LLC Umbro & Sons Construction Corp. The Vanderbilt Club (Norwood, MA) Vari-Tech, LLC WCVB-TV Channel 5 W. Walsh Co., Inc. Walsh Construction Company Wampatuck C.C. (Canton, MA) WES Construction Corp. Westin Waltham Hotel Weston & Sampson Engineers, Inc. C. N. Wood Company, Inc. Woodco Machinery, Inc. R. Zoppo Corp.
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DECEMBER, 2016
2017 Scholarship Applications Now Available UCANE to Award Twelve $2,000 Scholarships WHO MAY APPLY? Any high school student who is the son or daughter of a UCANE member or an employee of a member who will be enrolling full time in an accredited four year academic institution for the year beginning in September 2017. IMPORTANT: In the event the applicant receives a full first year scholarship from the college of his/her choice, or from any orginization, civic group, etc., the UCANE scholarship will be awarded to another applicant.
HOW WILL THE APPLICATION BE JUDGED? This year there will be twelve $2,000 scholarships awarded. Selections for the awards will be based upon: 1. scholastic achievement 2. interest and effort in preparing for your vocation 3. extra-curricular activities at and away from school, including community service 4. personal recommendations 5. throughness of the completed application, particularly the essay 6. financial need
HOW WILL THE CONFIDENTIALITY OF THE APPLICATION BE PROTECTED? Each applicant is assigned a number. When completed, page 1 of the application with the name of the applicant must be detached and sealed in the accompanying envelope. The applicant’s name must not appear on pages 2-4 of the application or attached transcripts and recommendations. After the winning applications have been selected, the envelopes with corresponding numbers will be opened to identify the award recipient.
WHAT MUST ACCOMPANY THE APPLICATION? 1. A transcript of high school grades through the latest period prior to April 15 must accompany application. 2. A letter of recommendation from the principal or faculty advisor. The letter should include the number of students in the class and the standing of the applicant or equivalent must accompany application. 3. Additional recommendations from people familiar with the applicant’s ability and character, and from responsible members of the community, (optional but recommended). 4. Please indicate the UCANE company by which you or your parent is employed. NOTE: The name of the applicant must be deleted entirely from pages 2 through 4 and all accompanying correspondence, and your application number must be inserted in its place.
WHEN MUST I APPLY? All applications must be submitted no later than April 15, 2017. When requesting an application, please include: UCANE member company name; employee’s name (must be parent, legal guardian, or graduating student); home address, phone number, and email.
FOR AN APPLICATION, PLEASE SEND YOUR WRITTEN REQUEST TO: 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
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DECEMBER, 2016
MBO Precast, Inc. & UCANE Support Disabled American Vets Golf Tournament
S
ome hearty golfers recently braved the November chill to extend the golf season at Braintree Country Club for a good cause, the First Annual Frostbite Open, hosted by the Disabled American Veterans (DAV) Chapter 29 – Braintree. Dan Mahoney, a UCANE member from MBO Precast, Inc., of Carver, MA participated in the tournament. MBO Precast and UCANE were sponsors for the inaugural event. All proceeds benefited Disabled Veterans’ Charities. The DAV is dedicated to a single purpose: empowering veterans to lead high-quality lives with respect and dignity. That is accomplished by ensuring that veterans and their families can access the full range of benefits available to them; fighting for the interests of America's injured heroes on Capitol Hill; and educating the public about the great sacrifices and needs of veterans transitioning back to civilian life. Services include: • Providing free, professional assistance to veterans and their families in obtaining benefits and services earned through military service and provided by the Department of Veterans Affairs (VA) and other agencies of government; • Providing outreach concerning its program services to the American people generally, and to disabled veterans and their families specifically; • Representing the interests of disabled veterans, their families, their widowed spouses,
(L-R) Dan Mahoney, MBO Precast, Inc., Navy Seal Frank Drogo, Chaplain Russell Dupet, and Captain Bill Verrosso former Braintree Chief of Police and their orphans before Congress, the White House and the Judicial Branch, as well as state and local government; • Extending DAV’s mission of hope into the communities where these veterans and their families live through a network of state-level Departments and local Chapters; and • Providing a structure through which disabled veterans can express their compassion for their fellow veterans through a variety of volunteer programs. Congratulations to the tournament organizers for a successful day; and UCANE looks forward to continuing its support at the 2nd Annual Frostbite Open! n
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Don’t dig yourself into trouble... The Perfect Excavation: • Pre-mark the location of intended excavation using white stakes, paint or flags. • In MA, ME, NH and RI, notify Dig Safe® at least 72 hours in advance - not including weekends and holidays. • In Vermont, notify Dig Safe® at least 48 hours in advance - not including weekends and holidays. • Notify non-member facility owners. • Maintain the marks placed by underground facility owners.
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DECEMBER, 2016
Saving Money And Improving Water Quality Volunteer Water Watchers Program Has Benefited Town For 18 Years
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HATHAM – Without the town's coastal water monitoring program, which depends on volunteer “water watchers,” it's unlikely that the town would be as advanced as it is in improving its coastal water quality. The work done by the water watchers, a program run in conjunction with the Friends of Chatham Waterways, would cost hundreds of thousands of dollars if it was done by a consultant or contractor, according to Natural Resources Director Robert Duncanson. And the baseline data collected since 1999 helped the town become the first community in the state to have the health of its coastal embayments assessed through the Massachusetts Estuaries Project. That, in turn, led to approval of the town's wastewater management plan and the beginning of efforts to try to restore nutrients in coastal waters to 1950s levels. At Monday's monthly meeting of the Friends of Chatham Waterways, Duncanson presented an overview of the data collected by water watchers over the past 17 years. Since then the town has initiated a longterm project to sewer much of the town as well as other efforts, most notably the bridge over Muddy Creek. And while it's too soon to tell definitively, Duncanson said the most recent water quality data is encouraging. “The data shows some improvement,” he said. “I hope it continues. I'm just not convinced we're totally there yet. It want to see a couple more years of data.” Complete data from this past summer is not yet available. Duncanson said the School for Marine Science and Technology (SMAST) at the University of Massachusetts Dartmouth analyzes thousands of water samples from coastal Massachusetts commu-
DECEMBER, SEPTEMBER,2016 2016
Chatham Water Watcher Lauren Mosser Thonus collects a water sample in the Mill Pond with an instrument called a Niskin. She is one of dozens of volunteers who have helped develop a deep body of water quality data for the town's waterways over the past 18 years. COURTESY PHOTO
nities, including Chatham, usually doing the work over the winter. This year's data, which should be available in the spring, is critical in determining if there is any early indication of water quality improvements in Muddy Creek due to the bridge completed in May. Muddy Creek has been the “poster child” for poor water quality, Duncanson said, with a sampling station in the upper reaches of the tidal river regularly showing dissolved oxygen, nitrogen and phytoplankton levels “off the charts.” “It's always been in pretty tough shape,” Duncanson said. The bridge, which replaced a narrow culvert, opened up the section of the creek east of Route 28 to a stronger tidal flow. “I can't wait to see this summer's data to see if it drops off as much as we think it will,” he said, adding that early data indicates lower dissolved continued on page 53
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DECEMBER, 2016
Spotlight on Cape Cod continued from page 51 oxygen levels at the upper reaches, probably due to improved tidal flushing, which may indicate that the creek is “stabilizing and getting back to equilibrium.” Tests in other areas where sewers have been installed, including Oyster Pond and Stage Harbor, may be showing some improvements, but Duncanson said it's too soon to call it a trend. A full report on the most recent round of sampling should be completed by the spring. Looking back at the 17 years worth of data, one surprising result is little, if any, impact on water quality from the 2007 break in North Beach. “Mother Nature doesn't always do what we want her to do,” Duncanson noted. The water watchers program has its roots in efforts by the town's late shellfish constable Kassie Abreu to open shellfish areas closed by the state in the 1980s. Duncanson said at the time the state made no effort to determine the origins of contamination that shut down shellfishing areas, so the town began doing its own testing, becoming the first community in the state with its own certified municipal water quality lab. Duncanson took over the lab in 1987. At the time, he said, the emphasis was on tracking bacterial pollution.
“At that point in time nutrients weren't even on our radar,” he said. The lab's efforts succeeded in getting Oyster Pond opened to shellfishing seasonally, and also took on beach testing duties. By the late 1990s, it was clear that there was something going on with the water quality in the town's embayments and estuaries, Duncanson said. However, no data existed indicate what the problem might be. “There was nothing you could sink your teeth into,” he said. In 1998, the town partnered with FCW to begin the coastal water quality nutrient monitoring program, using volunteer water watchers to collect samples from specific locations at specific times. Initially there were six sampling stations in Stage Harbor, “the most critical area,” beginning in the summer of 1999. The following year, the program expanded to the north side of town, and more sampling stations were added in 2001 and 2002 primarily to provide baseline data for the state estuaries project. By that time, the state had recognized that an over abundance of nutrients, primarily nitrogen, was responsible for the degradation of coastal waterways, caused mainly by development over the past half century. continued on page 54
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Spotlight on Cape Cod continued from page 53 “We had to get the background data,” Duncanson said. “There really was no background data.” At the time, he added, there weren't even specific limits to nutrient levels in marine waters, just general guidelines. The ultimate result, for Chatham and other communities throughout the Cape and southeastern Massachusetts, was the development of water quality models that set TMDLs, or Total Maximum Daily Loads, for nutrients like nitrogen in each estuary. To reach those targets, nutrient flows had to be reduced by a specific amount, sometimes up to 100 percent, through sewering or other remediation, with the goal of restoring water quality to what it was in the 1950s, before both population and development exploded, Duncanson said. The town spends about $15,000 to $20,000 a year on the water quality monitoring program, a bargain compared to what it would cost without the help of volunteers or subsidized testing by SMAST. Duncanson said testing a single sample can cost $100, and the town sends the lab thousands of samples taken from 19 testing locations every season. “It would be $150,000 a year if it were done by a commercial lab,” he said. “We're getting a lot of bang
for our buck.” Over the years, dozens of volunteer water watchers have participated, and the town has also partnered with the Friends of Pleasant Bay to share water testing duties and data in that estuary. The town's sewer project is currently in a lull, with the next phase scheduled to begin within the next two years. The overall program is forecast to last 20 years and cost some $200 million, though other efforts, like the Muddy Creek bridge, could reduce the need for sewers and the overall cost. Asked if acquaculture might be one of those alternative treatment methods, Duncanson noted that Chatham has one of the largest wild shellfisheries in the state, yet there's still a water quality problem here. “Clearly the problem is bigger than shellfish can handle,” he said. Using shellfish to filter out contaminants could, however, be a water quality “polisher” after infrastructure and other treatment methods are implemented, taking care of that “last little bit” of contamination that might not be cost effective to treat otherwise, he said. Volunteer water watchers are always needed. Anyone interested can contact FCW member Frank Messina at fmessina@verizon.net. Written by Tim Wood. Reprinted with permission from The Cape Cod Chronicle. n
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Employees Keeping Your Data Safe? Don't Count On It With so much attention on the recent data breaches, consumers and business owners are concerned about the security of their own personal information. When your credit card information is out there and you’ve entrusted it with other businesses, you want to know it is secure and is not going to wind up in the hands of identity thieves.
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any consumers and businesses are turning to credit monitoring services, hoping to gain an extra level of protection and additional peace of mind when sharing credit card information online and with other businesses. The question is, are these services really worth it? How much protection do they offer? The answer is: it varies. Up front, there are services that claim to offer protection from identity theft and fraud. The problem is, that’s not how they work. They do offer some protection, but it comes down to how you use the service. Typically, these services will notify you when a new line of credit is opened in your name (or an attempt is made). Some will notify you if a certain limit is exceeded. The problem is, like cyber-breach insurance, credit monitoring services aren’t actively protecting you. They aren’t going to do anything to stop an identity thief from taking and using your personal information. As the name suggests, they merely monitor activity and notify you. Ultimately, the success of the service is dependent on how quickly you act when you are notified of fraudulent activity. It’s up to you to contact your credit issuer and the credit bureaus to halt and mitigate damage.
DECEMBER, 2016
This service is designed for those who want the extra security and want an additional pair of eyes on their credit. For individuals or businesses that have several lines of credit open, it can be ideal—but it should not be your first line of defense. The biggest block to protecting your company’s data is employee ignorance about cyber-security. In fact, your employees are probably compromising your data right now and aren’t even aware of it. In case you haven’t read the reports, a statement from one of the many companies recently forced to close its doors following a cyber-attack involving one of continued on page 57
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DECEMBER, 2016
Unattended Devices
Technology in Const. continued from page 55 their own employees brings the point home: “Code Spaces will not be able to operate beyond this point. The cost of resolving this issue and the expected cost of refunding customers who have been left without the service they paid for will put Code Spaces in an irreversible position both financially and in terms of ongoing credibility.” Root cause of the disaster? Very likely a phishing attack that one of their own team members unwittingly played a key role in. If you want even a ghost of a chance that your data remains safe and secure, you MUST be aware of the five ways your employees are probably putting your company at risk right now:
Risky Passcode Practices A good rule of thumb is, if you can recall a password, it’s probably not safe. Require the use of a random password generator to keep weak passcodes from being the weak link in your data’s defenses. Invest in a company-wide password protection system. And wherever possible, use two-factor authentication for logins to critical sites.
Working Outside a Secured Network
Walking away from an open laptop in a coffee shop is a recipe for disaster. Yet even at the office, stepping away from a workstation can expose sensitive data to snoops. Insist that wherever your team works, they maintain complete visual control over any screen showing confidential company data.
Malicious Acts You may find it hard to believe, but employees leaking critical data on purpose happens all the time. It may be for a personal venture – or a personal vendetta against your company. Regardless of the cause, it’s always a risk. And you may not see it coming. Safeguard all data coming into or going out from your company. And always change access codes whenever someone leaves your employ – willingly or unwillingly.
Need an ally to help protect your data from employee sabotage – accidental or otherwise? Contact your IT specialist to protect your company data in today’s fluid and fastchanging business environment. n
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T
IG Offers Resources on Public Bidding Law Changes
he “Municipal Modernization Act,” signed into law ing Official Program (MCPPO) to develop the capacby the governor on August 9, amends many laws ity of public purchasing officials to operate effectively related to municipal finance and governance, and promote excellence in public procurement. including three public bidding laws: Chapter 30B, The MCPPO is holding a number of seminars Chapter 30, and Chapter 149. this fall and winter to provide important updates, inThe changes to the public bidding laws went into cluding Boards & Commissions, Contract Administraeffect on November 7. tion, Creating a Procurement Office, and Design and Construction Contracting (www.mass.gov/ig/publicaThe Act amends certain thresholds and requirements in Chapter 30B for purchasing supplies and tions/forms/regmcppo.pdf). services. The following dollar thresholds are effective The Office of the Inspector General offers a 30B on November 7: hotline at (617) 722-8838 or 30BHotline@massmail. • Less than $10,000: Use sound business practices state.ma.us. • $10,000-$50,000: Request three written quotes Construction-related questions may be directed (previously, oral quotes were sufficient) to the Attorney General’s Bid Unit Office at (617) 9632371 or at AGOBidUnit@state.ma.us. • More than $50,000: Use an invitation for bids continued on page 60 or request for proposals Invitations for bids or requests for proposals will need to be advertised on COMMBUYS, in addiMBO Precast Inc. tion to the current advertising re4 Marion Drive • Carver, MA 02330 quirements. T: 508-866-6900 • F: 508-866-5252 The Municipal Modernization Act also raises thresholds, changes certain procedures, and amends the advertising requirements for construction projects undertaken pursuant to Chapter 30, Section 39M, and Chapter 149. The Office of the Inspector General (www.mass.gov/ig) is updating its website, training materials, manuals, and other publications to reflect the changes to procurement laws. The Office of the Inspector General administers the Massachusetts Certified Public Purchas-
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MMA continued from page 59
R
Statewide Coalition Forms to Share Stormwater Resources
egional stormwater coalitions have recently joined forces to form the Statewide Municipal Stormwater Coalition. The group held its fourth meeting on September 27, where members heard an update on issues related to stormwater, discussed next steps for the group, and were visited by Lt. Governor Karyn Polito, who discussed the administration’s commitment to helping cities and towns meet the requirements of the MS4 stormwater permit. Stormwater coalitions can provide resources and information to communities that must meet the requirements of the recently released general permit for Small Municipal Separate Storm Sewer Systems, known as the MS4 permit, from the U.S. Environmental Protection Agency. The permit will regulate stormwater discharges in more than 250 municipalities. The Statewide Municipal Stormwater Coalition will allow regional coalitions to share cost information, technical products, field procedures, public
education tools, documentation, and training opportunities. The members believe that working together can reduce redundancy and make operations more efficient for communities that must meet the permit requirements. The group will also have a collective voice to weigh in on legislative and regulatory issues. The regional coalitions, meanwhile, can seek funding for regional projects. Regional coalitions that have gotten involved in the statewide group so far are the Central Massachusetts Regional Stormwater Coalition, the Connecticut River Stormwater Collaborative (Pioneer Valley Planning Commission), the Northern Middlesex Stormwater Collaborative, the Neponset Stormwater Partnership, the Merrimack Valley Planning Commission, and the Southeast Regional Services Collaborative’s Stormwater Group. This group includes 94 municipalities. The Statewide Municipal Stormwater Coalition continued on page 61
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officials may contact Robin Craver at robin.craver@ townofcharlton.net or (508) 248-2206 or Danielle Mucciarone at the Central Mass Regional Planning Commission at dmucciarone@cmrpc.org or (508) 459-3318.
is currently working to define its mission and goals, identify a coordinator, create a structure for the group, and help develop more regional stormwater coalitions. Resources on stormwater are also available The Statewide Municipal Stormwater Coalition, through the National Association of Clean Water in conjunction with the Central Massachusetts ReAgencies’ National Stormwater Advocacy Network gional Planning Commission, recently received a (www.nacwa.org [4]) and the National Municipal grant for $50,000 through the Department of EnStormwater Alliance (http://nationalstormwateralvironmental Protection to provide assistance with liance.org [5]). forming and creating a framework for the statewide Written by MMA Legislative Analyst Victoria Sclafani. coalition, help the regional coalitions identify and share best practices, and allow for the creation of adcontinued on page 63 ditional material and resources to help municipalities. The CMRPC will take on the administrative role of reporting to the DEP on the use Aon Risk Solutions Construction Services Group of grant funds. The Central Massachusetts Regional Stormwater Coalition also received a $50,000 grant from the DEP in 2016 that will allow the coalition to produce public education tools and workshops for municipal officials. As the leading provider of risk solutions to the construction industry, Aon The Central Massachusetts Construction Services Group partners with clients to provide insighful Regional Stormwater Coalition analysis, strategic direction and creative solutions backed by our dedicated held an MS4 Training Workshop team of construction experts and the strength of Aon’s global network. and Vendor Fair on October 28 in Millbury. The workshop was Let Aon Construction Services Group empower your growth, profit and continuity. aimed at public works professionaon.com/construction als, stormwater coordinators, and other municipal staff responsible Kevin White, CEO Brian Driscoll, Managing Director Paul Healy, National Contract Surety for the Phase II Stormwater Permit 617.457.7717 617.457.7668 617.457.7719 Kevin.White@aon.com brian.driscoll@aon.com paul.healy@aon.com Minimum Control Measures 3, 4, 5 and 6. The coalition has a toolbox Mark Herendeen, Surety Michael Scott, Insurance Mark Toglia, Wrap-Up of informational videos on its web617.457.7715 617.457.7699 617.457.7727 mark.herendeen@aon.com mark.toglia@aon.com site (http://centralmastormwater. org [3]) to assist those who will be working on issues related to stormwater. Charlton Town Administrator Robin Craver was chosen as the chair of the Statewide Municipal Stormwater Coalition. She is also the chair of the MMA’s Policy Committee on Energy and the Environment. Municipal officials who have questions or are seeking resources related to stormwater are urged to contact the statewide coalition or reach out to their regional coalition. Risk. Reinsurance. Human Resources. For the Statewide Municipal Stormwater Coalition, municipal
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C
NLC Report: Fiscal Condition of U.S. Cities is Strengthening
ity finance officers across the country report improved fiscal health, driven by better-than-anticipated general fund revenue growth and solid performance of ending balances, according to the “City Fiscal Conditions” report for 2016, released by the National League of Cities on October 13. City finance officers are confident that cities are in a better fiscal position this year than last. Eighty-one percent of city finance officers report that their cities are better able to meet the financial needs of their communities in 2016 than in 2015. This level of optimism among finance officers is similar to last year, indicative of continuing fiscal recovery in cities. As of 2016, revenues have recovered to about 96 percent of pre-recession (2006) levels. The changes in general fund revenues tend to reflect the changing economic and fiscal environment within which cities operate.
Each year, the NLC (www.nlc.org [3]) surveys city finance officers about actual and budgeted revenues and expenditures as well as policy actions and priorities. Taken together, their responses provide a snapshot of the “average city” within the municipal sector. The findings of this year’s “City Fiscal Conditions” survey include the following: • General fund revenues grew 3.73 percent in 2015 and are expected to grow 0.54 percent as cities close the books on 2016. • Expenditures grew 3.57 percent in 2015 and are budgeted to increase 3.71 percent in 2016. • Property tax revenue growth is returning to pre-recession levels, with a sizable increase of 3.77 percent in 2015 and anticipated growth of 2.6 percent in 2016. • Sales tax revenues are continuing to post strong growth, with 5.49 percent in 2015 and 1.99 percent expected in 2016. • Income tax revenues grew 5.82 percent in 2015 and are expected to grow 3.47 percent in 2016. • Ending balances are returning to historic highs, standing at 24.5 percent of general fund expenditures in 2015 and budgeted for 21.67 percent of expenditures in 2016. Despite improved fiscal stability for day-to-day operations, however, local budgets continue to con-
DECEMBER, 2016
front mounting challenges. Infrastructure and employee- and retiree-related costs, matched with inequitable recovery in some local housing and labor markets, threaten longer-term fiscal sustainability, according to the report. These concerns are foremost on the minds of city leaders, some of whom are implementing pension reforms and leveraging fiscal planning tools. These strategies are particularly important given that city revenues have not fully recovered from the Great Recession of 2007-2010. As a result, many may be operating with suppressed revenues when and if another recession emerges in the coming years. For now, though, city fiscal conditions are showing signs of vitality, with local governments reinvesting in areas critical to growth and community quality of life, including infrastructure and public safety. The NLC launched its annual “City Fiscal Conditions” report in 1986. n
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John E. Merchant, CPA IN THIS ISSUE
Cullen, Murphy & Co., P.C.
• Seeking a Stable Retirement • Foreign Stock Funds Can Be Doubly Taxing • Automatic Enrollment Retirement Plans
Smart Tax, Business & Planning
Seeking a Stable Retirem
A
Seeking a Stable Retirement
necdotally, retirement finances formerly were based on a “three-legged stool.” After people stopped working and no longer had earned income, their cash flow would come from Social Security, personal savings, and a pension from a former employer. This pension would have been a traditional defined benefit plan, paid out for the retiree’s lifetime and perhaps for that of a surviving spouse. It may or may not be the case that former decades were the “good old days” for retirees. It is true, though, that most private companies don’t offer periodic pensions to retirees today. Thus, one “leg” of the fabled stool doesn’t exist for many people who have left the workforce. What’s more, an increasing number of retirees are living until their late 80s, 90s, and into triple figures these days. Running short of money may become a concern without a true pension to supplement Social Security. The Annuity Answer
managing longevity risk. Some insurers use other titles, such as income annuities or payout annuities, Anecdotally, retirement finances formerly for these contracts. were based 1: onGreg a “three-legged stool.” Example Sawyer, age 65, paysAfter $100,000 stopped Co. working and no hadantopeople ABC Insurance for a single life longer immediate nuity. In return, ABC promises to send Greg a check earned income, their cash flow would come for $500 each month for as long as he lives. That frombe Social savings, and if might for 40Security, years, orpersonal it might be for 40 days, a pension from a former truck employer. Thisbuying Greg is hit by the proverbial soon after this annuity. pension would have been a traditional Some academic research supports the premise defined benefit plan, paid out for the that an immediate annuity can provide financial benretiree’ s lifetimewhen andcombined perhaps for ofinvesta efits to retirees, withthat other ments and Social Security. In the real world, though, surviving spouse. relatively few people are willing to enter into such an It may or may not be the case that uncertain transaction.
The an
Financia longevity may live One wa an annu Many these da annuitie longevit titles, su annuitie Exam $100,00 single lif ABC pr $500 ea That mi for 40 d truck so Some premise provide combine Social S relativel into suc
former decades were the “good old days” for Risk, Lower Yield Financial professionals use the term longevity retirees. ItLess is true, though, that most private risk to describe this issue. People may live longer Responding to consumer concerns, insurance companies don’t offer periodic pensions to while their assets dwindle. One way to address this companies typically offer many options to a basic retirees today. Thus, one “leg” of the risk is to purchase an annuity. straight-life annuity. Married couples, for fabled example, may an annuity thatmany will paypeople as longwho as either Many products are sold as annuities these days, stoolprefer doesn’t exist, for including life immediate annuities, which focus on continued on page 66 have left the workforce. What’s more, an increasing number of “BUY FROM THE ADVERTISERS IN CONSTRUCTION DECEMBER, 2016 retirees are living untilOUTLOOK” their late 80s, 90s, 65 Less r Respond and into triple figures these days. Running
Financial Management continued from page 65 spouse is alive. Annuity issuers also may promise a “cash refund” in case of an untimely death. Example 2: Insurer ABC offers Greg a cash refund policy that pays $475 a month, and he invests $100,000. Again, Greg will get a (somewhat smaller) check every month for as long as he lives. In this scenario, Greg lives for 10 years, collecting 120 checks at $475 apiece, for a total of $57,000. If Greg dies then, ABC will send a check for $43,000 (the $100,000 invested by Greg minus the $57,000 paid out) to a named beneficiary. Other choices might include “period certain” annuities that will pay, say, at least 10 years of checks to either Greg or to a surviving beneficiary. Yet another possibility is an annuity that starts with a smaller payout but increases to keep up with inflation. Generally, the more safeguards that are added to a straight life annuity, the lower the amount the insurer will pay. In recent years, the seemingly oxymoronic “deferred immediate” annuity has gained ground, as a way to offer higher yields on lifetime annuities. Insurers may call these products deferred income annuities or longevity annuities. Example 3: Dissatisfied with the rates offered on
standard immediate annuities, Greg pays $100,000 to ABC but defers the start of cash flow for 10 years, until he is age 75. At that point, he’ll receive $1,200 a month for the rest of his life, a huge increase from the start-at-65 payout. On the downside, Greg’s death will halt the payments, even if that occurs before he reaches 75.
Tax Treatment The cash flow from an immediate annuity will be taxed in one of two ways, depending on where the annuity is held. Example 4: Greg Sawyer might hold his annuity inside a tax deferred retirement account—specifically, in an IRA. If so, all withdrawals will be taxed as ordinary income. If Greg is in a 25% tax bracket and receives $6,000 each year from the annuity, he’ll owe $1,500 in tax (25% of $6,000) and net $4,500 a year. Example 5: Instead, Greg might buy the annuity with after-tax dollars, in a taxable account. In that case, some annuity payments will be treated as an untaxed return of capital. Assuming a 20-year life expectancy, Greg can expect to receive $120,000 from this annuity, at $6,000 per year. The “exclusion ratio” is $100,000 continued on page 67
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Financial Management continued from page 66 over $120,000 (investment/assumed return), or 5/6. (The insurance company will calculate the exclusion ratio, to facilitate tax return preparation.) Thus, only 1/6 of Greg’s cash flow, or $1,000 a year in this hypothetical example, will be taxable. Greg would owe 25% of $1,000 in tax each year, so he’d net $5,750 a year, after tax. Note that this tax treatment expires once 20 years have passed and Greg has excluded $100,000—his original outlay—from income tax. Any further cash flow from the annuity would be fully taxed.
a synthetic annuity via gradual portfolio withdrawals. The so-called 4% rule, which calls for distributing 4% of your portfolio in year one of retirement, followed by inflation adjustments as you grow older, is advocated by some advisers, perhaps with modifications for current circumstances. The lack of a lifetime pension needn’t mean financial stress over a long retirement, if you act prudently to put plans for long-term cash flow on a firm footing. continued on page 68
Alternatives to Annuities Annuity payouts will vary from one issuer to another, and among various product features, so it may pay to shop among multiple issuers. The credit quality of the insurance company should be considered as well. Moreover, there are other approaches to reducing longevity risk. One way is to delay starting Social Security, perhaps as late as age 70. Foregoing Social Security benefits while in your 60s will lead to much larger payments later in retirement. In addition, you can construct what amounts to
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Financial Management continued from page 67
M
Foreign Stock Funds Can Be Doubly Taxing
any U.S. investors hold foreign stocks. One of many advantages to holding foreign stocks is diversification because some foreign companies might outperform domestic stocks in bear markets. Some foreign countries, especially those in the developing world, are posting stronger economic growth than the American numbers. What’s more, virtually every sizable nation boasts some excellent companies that are likely to reward investors. To find the best opportunities abroad, many U.S. investors use foreign stock mutual funds, to benefit from the fund companies’ research and portfolio management expertise. There may be another reason to invest in a foreign stock fund: Some foreign companies pay relatively high dividends. However, that may lead to dou-
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ble taxation and lower effective yields. Example 1: Sheila Tucker invests $40,000 in a foreign stock fund. This fund pays a 5% dividend, so Sheila would earn $2,000 (5% of her $40,000 investment) a year. However, the host countries where the companies are based might withhold, say, 20% of the dividend payments ($400), to cover the tax due on those dividends. Thus, Sheila effectively pays tax on that $2,000 in dividends to the host countries, and pays tax again, to the IRS this time, when the foreign stock fund reports the dividend income generated by the foreign stocks.
Trimming the Tax Fortunately, there may be a way for investors such as Sheila to reduce this double tax burden. Foreign stock funds will report taxes paid via withholding on Form 1099-DIV. Then, investors may be able to claim a foreign tax credit up to $300 a year ($600 for couples filing jointly) directly on their Form 1040. (A deduction for foreign taxes paid may be taken on Schedule A, continued on page 69
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Financial Management continued from page 68 instead, but the credit is generally a greater tax saver.) However, taking a foreign tax credit can become complicated if your foreign tax withholding exceeds the amounts mentioned in the previous paragraph, or if the tax withheld exceeds the tax due to the IRS. Then, the deduction cannot be taken directly on Form 1040, and Form 1116 must be filed. Tax relief through the foreign tax credit (or a foreign tax deduction) won’t help, though, if you hold a foreign stock fund in a tax-deferred account such as an IRA. Example 2: As mentioned, Sheila Tucker has $2,000 in dividends from a foreign stock fund in 2016, and the host countries withhold $400 in tax, at a 20% rate. In this example, though, the fund is held in her IRA. Sheila does not report this dividend income to the IRS for 2016, because the money is in her IRA, so she can’t claim a tax credit. Eventually, when Sheila withdraws the dividend income from her IRA, she’ll owe tax at ordinary income rates. As these examples indicate, the amounts involved may be modest, for many investors. If the advantages of investing in foreign stock funds appeal to you and your only practical choice is to use a tax-deferred account, double taxation may not be a meaningful drawback. If you do have options, though, you may find it more tax-efficient to hold foreign stock funds in a taxable account and use the credit. Similarly, if you invest in individual dividend-paying foreign stocks, you may want to hold them in a taxable account, if possible. continued on page 70
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Trusted Advice Foreign Tax Credit • You may be able to claim a credit for foreign taxes imposed by a foreign country or U.S. possession. • To claim the foreign tax credit, generally you file Form 1116. However, you may be able to claim the foreign tax credit without filing Form 1116 if you meet all of the following conditions: • All of your foreign source gross income was passive income, which includes most interest and dividends. • All the income and any foreign taxes paid on it were reported to you on a qualified payee statement such as Form 1099-DIV, Form 1099-INT, or Schedule K-1. • Your total creditable foreign taxes are not more than $300 ($600 if married filing a joint return). • This opportunity is not available to estates or trusts.
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Financial Management continued from page 69
S
Automatic Enrollment Automatic Retirement Plans
ome states have passed laws requiring employers, including many small businesses, to offer retirement plans to employees. Other states may follow in the coming years, with some form of a mandate. Often, these rules have an automatic enrollment feature. Automatic enrollment plans may offer advantages to business owners, even if they’re not required. Federal law, in effect for the last decade, provides a roadmap to show you how to get those benefits and avoid problems. In, Unless They’re Out
Enrollment
A offer even in eff road bene
Thus, offering an automatic enrollment plan can be expensive, considering administration costs and employer contributions. Why should business owners consider them? For one reason, offering a qualified automatic enrollment plan can meet safe harbor provisions that exempt the plan from annual nondiscrimination testing requirements. Without this safe harbor, low plan participation among middle- and lower-income workers might limit allowable tax-deferred contributions continued on page 71
Some states have passed laws requiring employers, including many small businesses, to offer retirement plans to employees. Other states may follow in the coming years, with some form of a mandate. Often, these rules have an automatic enrollment feature.
As the name implies, automatic enrollment plans put eligible workers into a company-sponsored retirement plan. These plans usually are 401(k)s, but they can be any type of plan that requires an employee contribution from earned income. Employers put a specified percentage of each covered worker’s earnings into the plan, although each employee can contribute more or less, if desired. Conversely, employees can opt out of the plan and, thus, avoid a reduction in current cash flow. Among the acceptable arrangements, many companies choose a“qualified” automatic enrollment plan. These plans require at least a 3% employee contribu192 Plain St. tion, gradually increasing each year, along with either: North Attleboro, MA 02760 • a matching contribution of 100% of an emcb-dec2016.indd 3 ployee’s contribution up to 1% of compensa(508) 699-1922 tion, and a 50% matching contribution for the www.borocorp.com employee’s contributions above 1% of compensation and up to 6% of compensation; or • a nonelective contribution of 3% of compensation to all employees eligible to participate in the plan, including those who choose not to contribute any amount to the plan. Commonly, employers choose to make the 3% nonelective contribution. Example: XYZ Corp. enrolls employees Arlene Walker and Tim Miller in its 401(k) plan. Both have salaries of $40,000 a year. Arlene contributes 3% of her pay ($1,200), but Tim opts out and contributes nothing to the 401(k). Even so, XYZ contributes $1,200 to a 401(k) account for Tim as well as $1,200 to Arlene’s 401(k) account this year.
SAND & STONE CORP.
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As th enro into plan but t requ from
Did You Know?
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he U.S. economy is the world’s largest, with gross domestic product (GDP) over $18.5 trillion in 2016. China ranks second, with $11.4 trillion in GDP, followed by Japan ($4.4 trillion), Germany ($3.5 trillion), the U.K. ($2.8 trillion), France ($2.5 trillion), and India ($2.3 trillion). Italy, Brazil, and Canada round out the top 10. Source: statisticstimes.com
Burke Wicked HD 4.625 x 7.5 9-16:Dennis K. Burke
Financial Management continued from page 70 from key employees of the sponsoring company, including the business owner or owners. Offering any retirement plan, moreover, can deliver intangible benefits. Having a plan may help a company hire and retain desirable workers. Employee morale and productivity might improve. Furthermore, many business owners will find satisfaction in providing their workers with increased retirement security.
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With automatic enrollment arrangements, questions regarding investment selection may arise. Some employees may stay in the plan, yet not say how they want their money invested. If you put them into a bank account or money market fund, returns will be negligible; put them into stocks or bonds and any investment losses might trigger lawsuits from unhappy plan participants. To address this concern, the federal government has designated certain investments as qualified default investment alternatives (QDIAs). If a retirement plan participant does not choose an investment, and the sponsor puts that employee’s money into a QDIA, the sponsor may be relieved of responJust behind the Green sibility for poor investment results. Monster in Fenway Park, By far, the most popular QDIBostonʼs iconic CITGO Some days, it’s just one tough sign has become a wellAs are life cycle funds, known as job after another. That’s why know and beloved local target date funds. (See September CITGO produces an extensive landmark, partly due to 2016 Financial Management for its appearances in the line of heavy-duty lubricants. more on target date funds.) Balbackgound of televised Dennis K. Burke offers a great Red Sox games. anced mutual funds (those holdline of CITGO Heavy-Duty The original sign was ing equities and fixed-income erected in 1965, and On-Road and Off-Road Lubrisecurities) and professionally illuminated with miles of cants, including Engine Oils, managed accounts also may be glass neon tubes. The Transmission Fluids, Hydraulic current sign is lighted QDIAs. Stable value funds can be with more durable, energy Fluids, Greases, Gear Oils and QDIAs, too, for certain short-time efficient LEDs. Industrial Lubricants. periods. All of these QDIAs may be used for any employer-sponsored retirement accounts when the participant does not select an investment, not just for automatic enrollment plans. As might be expected, the Premium Diesel Fuel, Motor Oil and Gasoline rules on automatic enrollment P.O. BOX 711 • TAUNTON, MA 02780 • 1-800-289-2875 • WWW.BURKEOIL.COM plans can be complex. Quality Products and Dependable Service for Over 50 Years Reprinted from the 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 APJ Equipment Corp..................................................... 50 ATS Equipment, Inc. .................................................... 14 Acme Shorey Precast Co., Inc...................................... 42 Adler Tank Rentals........................................................ 52 Aggregate Industries - N.E. Region.............................. 53 American Shoring, Inc.................................Ins. Back Cvr. Aon Construction Services Group................................ 61 Boro Sand & Stone Corp.............................................. 70 Dennis K. Burke, Inc..................................................... 71 C&S Insurance Agency................................................. 24 Concrete Systems, Inc.................................................. 22 Dagle Electrical Construction Corp............................... 20 Darmody, Merlino & Co., LLP........................................ 52 Dedham Recycled Gravel............................................... 9 DeSanctis Insurance Agency, Inc. ............................... 56 Diesel Direct, Inc........................................................... 66 Dig Safe System, Inc..................................................... 50 The Driscoll Agency ..................................................... 58 EJ.................................................................................. 28 Eastern Insurance Group, LLC..................................... 24 Eastern States Insurance Agency, Inc.......................... 29 Eastpoint Lasers, LLC................................................... 69 T. L. Edwards, Inc.......................................................... 49 Energi Insurance Services, Inc..................................... 68 Ferguson Waterworks................................................... 60 GEOD Consulting, Inc................................................... 19 L. Guerini Group, Inc..................................................... 64 HD Supply Const. & Industrial White Cap.................... 36 HD Supply Waterworks................................................... 2 A. H. Harris Construction Supplies............................... 13 Hinckley Allen LLP........................................................ 12 John Hoadley & Sons, Inc............................................. 57 JESCO.......................................................................... 58 P. A. Landers, Inc.......................................................... 52 Lawrence-Lynch Corp................................................... 64 Lorusso Corp................................................................. 56 Lorusso Heavy Equipment, LLC................................... 40 MBO Precast, Inc.......................................................... 59 Mass Broken Stone Company...................................... 67 Milton CAT..................................................................... 30 Norfolk Power Equipment, Inc...................................... 62 North American Crane & Rigging LLC.......................... 16 North East Shoring Equipment, LLC............................. 25 NorthStar Insurance Services, Inc................................ 18 Ocean State Oil............................................................. 62 Palmer Paving Corp...................................................... 54 E. H. Perkins Construction Co., Inc.............................. 72 Podgurski Corp............................................................. 69 E. J. Prescott, Inc....................................... Ins. Front Cvr. Rain For Rent-New England......................................... 26 Read Custom Soils ...................................................... 37 Ritchie Bros. Auctioneers..............................................11 Rogers & Gray Insurance............................................. 10 Schmidt Equipment, Inc.....................................Back Cvr. Scituate Concrete Products Corp................................... 6 Scrap-It, Inc................................................................... 27 Shea Concrete Products, Inc. ...................................... 32 Smith Print..................................................................... 64 Southern Redi-Mix Corporation...................................... 5 Starkweather & Shepley Ins. Brokerage, Inc................ 67 Systems Support Corporation...................................... 23 Ti-SALES, Inc. .............................................................. 15 Tonry Insurance Group, Inc.......................................... 63 United Concrete Products............................................. 17 United Rentals Trench Safety......................................... 8 Webster One Source..................................................... 46 C. N. Wood Co., Inc. ...................................................... 4 Woodco Machinery, Inc................................................ 48 Xylem Dewatering Solutions Inc. dba Godwin Pumps..... 62
“BUY FROM THE ADVERTISERS IN CONSTRUCTION OUTLOOK”
DECEMBER, 2016
from Design to Delivery American Shoring is the Leader in High Quality, ModularTrench Shoring A complete line of heavy duty and light weight aluminum or steel trench shoring is available for all your needs. Our staff is waiting for your call with professional advice to recommend the best specific product for your project. Field service support and supervision available with on site assembly and take down. Inquire about our Competent Person, Confined Space & OSHA 10 training classes. All systems are manufactured in the USA.
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508-842-2822 Fax: 508-842-2824
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