Construction Outlook December 2017 by Ucane

DEC | 2017 A PUBLICATION OF THE UTILITY CONTRACTORS’ ASSOCIATION OF NEW ENGLAND, INC.

• Sandwich Board OKs Deal to Address Regional Wastewater Woes • UCANE Submits Testimony to Joint Committee on the Environment on Legislation Impacting Water Infrastructure

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W H AT 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 1954-2017

OFFICERS President PAUL SCENNA

Albanese D&S, Inc.

President-Elect RICHARD PACELLA, JR. R. M. Pacella, Inc.

Treasurer MARCELLA ALBANESE

Albanese Brothers, Inc.

Secretary RYAN McCOURT

McCourt Construction Company

BOARD OF DIRECTORS VINCENT BARLETTA

Barletta Heavy Division

JOHN BERKSZA

Eastern Insurance Group, LLC

NICK BIELLO

J. D’Amico, Inc.

TONY BORRELLI

Celco Construction Corp.

GERRY CARNEY, JR.

C. N. Wood Company, Inc.

KEVIN COLE

J. F. White Contracting Co.

BRIAN COONEY

C. C. Construction, Inc.

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.

JOHN OUR

Robert B. Our Co., Inc.

JOSEPH PACELLA

DECEMBER, 2017

IN THIS ISSUE 3 President’s Message:

2017 Was Another Successful Year for UCANE

4 UCANE’s 2017 Wrap-Up 17 Legislative Update:

• UCANE Submits Testimony to Joint Committee on the Environment on Legislation Impacting Water Infrastructure • Debate on Primacy Legislation Heats Up as Boston Globe Weighs In • Baker-Polito Administration Releases $1.53 Million to Address Stormwater Runoff Projects • News in Brief

29 UCANE’s 7th Annual Appreciation Night Trade Show 31 Under the Hard Hat with UCANE’s Officers & Board Members: Q&A with UCANE Board Member Kenneth Vogel (WES Construction Corp.)

33 UCANE Meets with New House Ways and Means Chairman 35 Technology in Construction:

Top 5 Technology Mistakes Made by Small Businesses

38 UCANE’s Annual Christmas Party & Scholarship Auction 42 A World of Thanks to Those Who Continue to Support Our Scholarship Program 49 UCANE’s 2018 Scholarship Applications Now Available 51 Spotlight on Cape Cod:

• Sandwich Board OKs Deal to Address Regional Wastewater Woes • Sandwich Eyes Tax Surcharge to Build Wastewater System

59 How to Hire a Winning Workforce 63 Financial Management:

• Pros and Cons of Asset Management Fees • Win With a Roth IRA Reversal • Year-End Thank You Gifts From Business Owners

RJV Construction Corp.

BRIAN RAWSTON

Jay Cashman, Inc.

CHRIS VALENTI

GVC Construction, Inc.

KEN VOGEL

WES Construction Corp.

DAVID ZOPPO

R. Zoppo Corp.

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

ANNE KLAYMAN

Executive Director

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2017 Was Another Successful Year for UCANE I am having a hard time believing that it is December already, that the holidays are upon us, and that my tenure as UCANE President is coming to an end. It has been an incredible honor to serve, and I want to take this opportunity to thank my fellow Officers, Board members, our membership, and our staff. As 2017 comes to a close, I am proud to report our Association has again had a productive year and is as strong as it has ever been, thanks in large part to your support.

he year began on very positive note in early January when UCANE representatives were invited by the Governor to attend a bill signing ceremony along with other groups. The bill being signed into law was legislation supported by UCANE that closed a loophole about how, and by whom, work on municipal hydrants is done. The new law provides clarification and makes sure contractors are treated the same as municipal workers and allowed to do the work without potential disruption. My number one priority as President, like many before me, was to advocate for an increased investment in water infrastructure. UCANE continued to meet with federal, state, and local officials in this effort. MassDEP approved approximately $575 million in project financing last year, an increase of over $35 million from the previous year. We also saw progress on Cape Cod as they implemented their Section 208 plan to address water quality issues. All of the 15 Cape towns submitted water quality management plans, and several projects were approved to be put out to bid. What is even more encouraging is that many of these projects were overwhelmingly approved by voters in these towns. After years of delay, it is a very positive sign that residents on the Cape are recognizing the importance of these projects for the region’s long term health and economic future. Since 2017 was the beginning of a new legislative session on Beacon Hill, we continued to work closely with Lynch Associates to promote and op-

DECEMBER, 2017

pose the many pieces of legislation that affect our industry. We are tracking over 70 bills that were filed that could have had broad ranging effects on the way our companies do business. This year, there are bills dealing with so-called “wage-theft” and paid family leave that, as written, could have significant impact on our members and our industry. UCANE continues to work with other construction associations to defeat or mitigate the impact of these bills. On the federal level, while there continues to be gridlock in Washington, we remain an active member of the Clean Water Construction Coalition (CWCC) and work with our Congressional delegation to make sure clean water and drinking water is part of any infrastructure bill, should it ever come to fruition. I would like to offer my congratulations to incoming President Richard Pacella, Jr. I have been fortunate to have served on the Board with Rich the past few years, and he has been a tireless advocate for UCANE and our industry. Our Association will be in great hands under his leadership in 2018, and I look forward to supporting and working with him next year. During my years on the Board, I have always encouraged others to get involved, as our strength is driven by membership involvement. Our members’ support helped make 2017 a rewarding and enjoyable experience for me. I again offer you my heartfelt thanks. Lastly, and most importantly, I want to wish everyone a happy holiday season and a healthy and thriving new year! n

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UCANE’s 2017 Wrap-Up Legislative Overview UCANE pursued and tracked a broad legislative agenda and worked closely with Lynch Associates, Inc. in 2017 as the State Legislature began another new session. Massachusetts Representatives and Senators filed over 6,500 pieces of legislation. UCANE is tracking approximately 70 of these bills that pose a direct impact on our industry. Many of these bills would have a negative effect to member companies and have been refiled from the previous session after UCANE successfully advocated against their passage. They range from establishing overly burdensome regulations to creating unfair advantages in public bidding laws. UCANE’s staff and our lobbyists tracked these bills, developed position papers and written testimony, visited legislators with UCANE members, spoke at public hearings, and otherwise informed Beacon Hill legislators about the impacts these bills could have on our industry. As the second year of the legislative session approaches, UCANE and Lynch Associates will continue to be vigilant in our advocacy on behalf of our industry and maintaining our Association’s reputation as one of the most active and involved industry advocates on Beacon Hill.

UCANE Sponsored Legislation UCANE again authored and filed bills with the State Legislature on behalf of our industry. HB 2657, An Act Relative to the Timely and Consistent Payment of Law Enforcement Personnel, was filed by UCANE in an effort to ensure consistent bidding practices with awarding authorities for payment of police details. We also filed two bills in an effort to dedicate revenue to the Clean Water Trust for water infrastructure. The first is a new bill, (HB 2586, An Act Relating to Economic Development and Supporting the Infrastructure That Enables It) would regulate short term rentals such as AirBnB and direct a portion of the fee to water infrastructure. The second bill is a refile, (HB 2595, Real Estate Transfer Fee to the Clean Water Trust) which dedicates a portion of every real estate transaction to water infrastructure. After meeting with Dig Safe and utility officials, UCANE again filed its Dig Safe revision bill, HB 3388. We anticipate these bills will begin to move through the Legislature in 2018.

UCANE also supported Chapter 363, An Act to Maintain Public Water Systems, which gives contractors the same protections and permissions as municipal employees when working on hydrants. UCANE met with the legislative leadership to work for passage of the measure along with the Massachusetts Water Works Association and other interested groups. At the invitation of Governor Baker, UCANE attended a bill signing for this legislation in January of 2017.

Wage Theft Legislation Legislation was refiled in 2017 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, as currently drafted, the legislation presented goes too far and could unfairly punish a contractor for the actions of any tier of subcontractor, regardless of the general contractor’s knowledge of such actions. UCANE was part of a coalition that successfully lobbied for the defeat of the bill in 2016, and continues to work with the coalition during the current session.

Water Infrastructure Alliance 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 three years since 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. UCANE continues to be a driving force in the Alliance, providing research, information, testimony, and advocacy materials for other members. UCANE continues to participate in public relations campaigns for water infrastructure, including being a sponsor of the national “Imagine A Day Without Water” campaign for a second straight year. continued on page 5

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2017 Wrap-Up continued from page 4 Infrastructure Funding Advisory Committee As part of Chapter 259, UCANE was appointed one of 22 members to the Water Infrastructure Advisory Committee, a 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 led a successful effort to convene the Committee, and will continue to strongly advocate for regular meetings in 2018.

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 coordination between public and private underground infrastructure projects. Improved coordination would reduce repeated cuts into new streets and save money often spent on duplicating 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. Get-

ting 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 sat on the Commission on behalf of UCANE and attended all seven meetings in 2016. In early 2017, the Commission completed the final report and submitted it to the Legislature. UCANE provided an electronic copy of the report to every City and Town in Massachusetts.

Asbestos Removal Training Course UCANE has continued to offer its members both the 8-hour Class II Asbestos Training Course and the 4-hour Refresher Course (required every 5 years) in conjunction with ATC Associates, Inc. of West Springfield, MA. Both OSHA and the Department of Labor Standards have approved these courses, which were jointly developed by UCANE, Mass DEP, and MWWA. Over the last six years more than 400 individuals have received Asbestos Cement Pipe (ACP) Worker Safety Certificates through UCANE. This number includes attendees from over 50 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 continued on page 7

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2017 Wrap-Up continued from page 5 Document that makes removing AC pipe during public works projects more manageable and less costly for both contractors and municipal owners.

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 clean or low level contaminated soils (i.e., abandoned quarries and gravel pits). 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. Since 2015, the number of MassDEP approved “large volume” disposal sites increased from three to eight including one new site in 2017. Related to this issue on the siting process, SB 482 was filed in 2017, which would greatly increase

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 UCANE will monitor its progress in 2018.

Cape Cod - Section 208 Plan Progress UCANE continued to advocate and meet with several state agencies including the Cape Cod Commission, MassDEP, and municipalities since the successful lawsuit filed by the Conservation Law Foundation (CLF) put pressure on the EPA and Cape Cod Towns to update the 25-year-old regional Sewer Plan and to begin implementation. The extensive regional sewer study is called the Section 208 Plan. The cost to implement the 208 Plan is estimated between $2B and $4B over the next 20 years. The 208 Plan is critical to protecting Cape Cod’s drinking water, its beaches, and its coastal industries from excess nitrogen loads created primarily by failed septic systems. In 2017, the MassDEP reviewed plans submitted by Cape towns to reduce nitrogen loading. Forward progress was made by several towns and funding authorizations were approved at various local town meetings. Other towns are further behind, and could be subject to further legal action by the CLF. UCANE continued on page 9

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2017 Wrap-Up continued from page 7 worked with stakeholders, met with all Cape legislators as well as the MassDEP Southeast Region officials, and submitted written testimony to the legislature supporting bills that were filed to assist in funding the 208 Plan. The implementation of Section 208 will improve the health and well-being of people living on the Cape and will ultimately mean great opportunities for UCANE contractors for many years to come. In 2018, UCANE will continue to monitor the progress being made in each town in regards to the EPA mandated 208 Plan, oppose wasteful spending on nontraditional “sewer alternatives” when appropriate, and keep our members informed.

CDL and Crane Licensing UCANE continues to monitor new regulations by the Federal Motor Carrier Safety Administration (FMCSA) requiring CDL licensing. In 2017, new training regulations were issued for first time CDL operators and those seeking upgrades. New training and certification requirements for crane operators was postponed again by OSHA, in 2017. The new effective date is November 10, 2018. UCANE will continue to provide its members with the most current information on licensing requirements in 2018, so that they and their employees can be prepared.

UCANE/Municipal Officials UCANE continued to work with several municipal organizations and officials to advocate for increased investment in water infrastructure through the Clean Water Trust and other revenue sources. We met throughout the year with the Mass Municipal Association (MMA), Mass Highway Association (MHA), the Norfolk Bristol Middlesex (NBM) Highway Association as well as Springfield DPW and Water and Sewer officials. UCANE continued to publish pertinent articles from the MMA newsletter the Beacon, in Construction Outlook magazine, which is distributed to all City and Town officials in Massachusetts.

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 continues to attend MWRA Advisory Board meetings in order to keep up with discussions on budgets, capital planning, etc. We also maintain an open line of communication with both agencies. In early 2017, UCANE weighed in on the MWRA’s plan to create redundancy for the Metropolitan Tunnel. The MWRA approved a plan for a deep tunnel system at a cost of $1.5B after studying and rejecting other options, including a less expensive surface-piping plan. The MWRA made special presentations to UCANE’s Board of Directors and to our membership, explaining the need for this design change and assured all that the tunnel project (the largest in the history of the MWRA) would not affect their current Capital Improvement Program that annually addresses other much needed infrastructure projects within the MWRA system. MWRA assured UCANE that as the tunnel design moves forward, all attempts will be made to provide bid opportunities for local contractors. At UCANE’s March 2017 Dinner Meeting, the heads of the MWRA, BWSC, and the MassDEP presented their Annual Forecasts detailing the upcoming 2017 list of projects to be bid and their respective agency funding commitments to a large audience of UCANE members. In 2018, UCANE will continue working closely with all of these agencies to promote the need for increased infrastructure investment.

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 2017 reviewed Bid Protest Decisions, prevailing wagcontinued on page 11

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2017 Wrap-Up continued from page 9 es issues, abuse of the current sick leave law, MBE/ WBE compliance goals, and legislation affecting our industry. UCANE joined other associations in voicing our concerns to the AG about the wage theft bill as currently drafted. UCANE looks forward to continuing productive roundtable discussions with the AG and her staff in 2018.

Paid Sick Leave - Pregnant Workers - Family Leave UCANE and its legal counsel, Hinckley Allen, LLC kept our members up to date on the recent laws that were enacted that mandate additional benefits to employees. Understanding both employee and employer rights is very important to every company doing business in Massachusetts. UCANE provided forums for our members in 2017 explaining the new laws in order to avoid expensive sanctions or litigation costs for non-compliance. Understanding these laws can help members update company policies and assess cost impacts that need to be covered in their bids. In 2018, the proposed Family Leave Act will be on the agenda. Legislation, as written, will have dramatic cost impacts to all employers, especially in the construction industry. UCANE will continue to work with state legislators in 2018 in order to make changes that will make this bill less burdensome to businesses trying to grow in Massachusetts.

be on certain construction operations. Enforcement of the new Silica Standards began 10/23/17 and will surely be an ongoing safety topic in 2018. Members were kept informed on the City of Boston’s new Trench Permit Application, which requires contractors to disclose all OSHA violations when applying for permits. New training requirements prior to obtaining Hot Work Permits also began in Boston in 2017; and UCANE met with the State Fire Prevention Board in October to provide input regarding proposed changes to regulation 527CMR, which would extend similar Hot Work training requirements state-wide in 2018. The legalization of marijuana and the continued problems with opioid abuse will bring new challenges to all employers striving to maintain safe operations in 2018. UCANE advised its members in November of changes to Federal DOT rules regarding testing for opioids that may impact all CDL drivers and contractors doing federal work. UCANE will be working with our Legal Counsel and our insurance members in 2018, to provide our membership with all the relevant information, including seminars that will help them understand the new laws while keeping their businesses accident free. continued on page 13

OSHA & Safety Related Issues Workplace Safety continues to be a larger portion of every contractor’s operating budget and it continued to be a top priority for UCANE in 2017. Our Association strives to keep our membership up to date on the latest safety issues, changes in safety legislation at both the State and National levels, and best management practices when it comes to providing a safe jobsite. Email alerts are broadcast to all members when there is important breaking safety news and the Safety Corner articles in Construction Outlook magazine highlight safety topics of relevance. Safety updates are on the agenda at every Board Meeting. In 2017, UCANE provided training courses in Asbestos Pipe Removal and Competent Person and Confined Space Entry operations. Special seminars were held for members on Crisis Management, Safe Use of Tools in Construction, and How to Handle an OSHA Inspection. Members were also kept up to date and ready for OSHA’s new Electronic Reporting requirements that went into effect on 12/15/17. UCANE's Safety Committee was very active in 2017, with meetings attended by typically 20 members. OSHA's new standards for Silica Exposure have been a hot topic all year. UCANE arranged for an expert from OSHA to do a power point presentation explaining what the impacts of the new standards will

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2017 Wrap-Up continued from page 11 National Legislative & Industry Initiatives UCANE continues to be an active member of the national contractor’s group, the Clean Water Construction Coalition (CWCC), which has grown to 28 member Associations representing more than 11,000 contractors nationwide. CWCC maintains a strong presence in Washington, D.C. and promotes the need for clean water funding. A UCANE delegation, led by 2017 UCANE President Paul Scenna (Albanese D&S, Inc.), participated in the CWCC Fly-In in May in Washington D.C. as part of “Infrastructure Week.” 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. In 2018, the CWCC, with the help of UCANE, will push for passage of a comprehensive infrastructure bill that includes increased water infrastructure funding.

UCANE’s 6

Annual Trade Show

UCANE held its 6th Annual Trade Show as a way of thanking Construction Outlook advertisers. Forty

Associate member companies took advantage of a complimentary opportunity to set-up displays and hand out literature detailing their products and services prior to our 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 7th Annual Trade Show will be held prior to our March 27, 2018 Dinner Meeting.

Honors & Awards at UCANE’s 63rd Annual Banquet On October 28 a crowd of nearly 600 UCANE members, spouses, and guests enjoyed an evening of fine dining, entertainment, and dancing at the Newton Marriott Hotel. In addition to providing some great social camaraderie, our banquet serves to honor UCANE members who have been voted as exemplary by their peers. • Presented 2017 “Contractor Member of the Year” Award to John Our, Robert B. Our Co., Inc. • Presented 2017 “Associate Member of the Year” Award to Oscar and Newton Johnson, Eastern States Insurance Agency, Inc. continued on page 15

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2017 Wrap-Up continued from page 13 Member Communications • Once again, the UCANE Industry Directory was sent to all Municipal DPW Directors in the state. Our Directory also includes 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 and social media-feed is updated daily with the latest industry news. • 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.

• Supported the Diabetes Foundation through the Benard Family. • Supported the Joe Andruzzi Foundation to assist 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 Veterans (DAV) through Dan Mahoney (MBO Precast, Inc.). • Supported many other charities throughout the year. n

Membership As of late November 2017, UCANE had welcomed a total of 21 new members to its current roster of over 250 members. Although our industry is highly specialized, UCANE, with the help of its members, will continue its efforts to add additional member to our ranks.

Dinner Meetings In 2017, UCANE held five Dinner meetings giving members a chance to interface in a relaxed setting and get updated on current industry news. Guest speakers included Jay Ash, Secretary of Housing and Development; Peter Campot, Director of Construction for Wynn Boston Casino; and Dave Andrews from the New England Patriots.

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UCANE Submits Testimony to Joint Committee on the Environment on Legislation Impacting Water Infrastructure

he Joint Committee on the Environment recently held a public hearing on a variety of legislation impacting water infrastructure. With proposals ranging from the creation of a bonding program to fund the Commonwealth’s $18 billion to $21 billion funding gap, to proposals creating “water banking” assessments and mandatory lead testing for schools, the Committee held its first water-related hearing in Western Massachusetts since House Chairman Smitty Pignatelli was appointed to the position. For its part, UCANE submitted testimony on the following matters: • HB 2117, An Act Relative to Municipal Assistance for Clean Water and Economic Development Infrastructure. This legislation proposes to establish a Water Pollution Abatement Trust and a Water Infrastructure Improvement Fund for purposes of improving drinking water, wastewater, and storm water capital assets through loans and grants. UCANE supports legislation such as this that provides needed funds to invest in water infrastructure improvements and maintenance. • HB 2116/SB 405, An Act Providing for the Establishment of Sustainable Water Resource Funds. This legislation amends Mass. Gen. Laws ch. 40 to authorize a municipality, water district, wastewater district, or stormwater utility to establish a sustainable water resources fund, or “water bank” fund, and to collect a charge to be used for measures to remedy and offset the environmental impacts of new or increased water withdrawals, sewering, from new development projects. While neutral to the concept of so-called “water banking”, UCANE is concerned that funds “conditioned” on a permit, to address the water infrastructure related needs, may be used for non-water infrastructure projects. • HB 2915/SB 455, An Act Ensuring Safe Drinking Water at Schools and Early Childhood Programs. While this legislation requires schools to determine the presence of and replace lead service lines, it includes no funding for conducting the actual repairs needed,

DECEMBER, 2017

if any. Given the existing obligations necessary to every municipalities’ existing water infrastructure needs, UCANE expressed concern that creating an unfunded mandate will not help municipalities address the replacement of lead service lines. • HB 463/SB 462, An Act to Assist Municipal and District Ratepayers. This legislation attempts to define and apply the term “local mandate” to any requirement by the Executive Office of Energy and Environmental Affairs and its agencies that would require a city or town to expend funds on water-related projects. UCANE expressed concern that this legislation simply tries to create another impediment to the implementation of the federal and state required stormwater improvements. • SB 423, An Act Relative to Improving Municipal Water Infrastructure. This legislation proposes to amend Mass. Gen. Laws ch. 29C to create a new “Municipal Water Infrastructure Trust Fund (MWITF)” overseen by the Massachusetts Clean Water Trust. The funds for the new MWITF would be derived from a surcharge based on the amount of gallons of water used by each municipality. A percentage (¾) of the funds would go directly to local or regional water infrastructure projects while ¼ would be allocated to the Massachusetts Clean Water Trust. UCANE urged the Committee to support this legislation, as it begins to move the discussion of the “cost of water” towards “true cost” pricing as advocated by the Massachusetts Water Infrastructure Finance Commission’s 2012 report. The Joint Committee on the Environment, Natural Resources and Agriculture has until February 7, 2018 to take a position on legislation before it. UCANE will continue to provide updates on these bills as they progress through the legislative process. For more information about any of these bills, please visit: www.mass.gov/legis and enter the desired bill number under the section for “Bills”.

continued on page 19

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Debate on Primacy Legislation Heats Up as Boston Globe Weighs In

he Boston Globe editorial board recently weighed in on House Bill 2777, An Act Relative to the Administration of the National Pollutant Discharge Elimination System (NPDES) Program, urging the Massachusetts legislature to reject the legislation outright. (“EPA, not Mass, Should Regulate Water Pollution”, November 13, 2017). The legislation, which will allow the Massachusetts Department of Environmental Protection (MassDEP) to enforce the federal drinking water and clean water permitting process, is a priority of the Baker-Polito Administration as well as the Massachusetts Municipal Association. In opposing the legislation, the Boston Globe’s editorial board sided with environmental advocates stating, “The state agency [MassDEP] doesn’t have the budget for that. It also doesn’t seem to have the will: The MassDEP had a chance earlier this year to hold towns to a reasonable timeline for enforcement of a clean water rule, and instead chose not

to. It was a disappointing move that makes crystal clear what lawmakers are getting if they approve the switch to state oversight.” Not content to simply lay blame at the ability of the MassDEP, the Boston Globe’s editorial board also highlighted concern about Democratic lawmakers stating, “Democrats in the Legislature, meanwhile, love to polish their environmentalist credentials — as long as it’s at the expense of safe targets like out-of-state fracking outfits or the scary Koch brothers.” The editorial led to swift responses from both the Administration and the advocates for the transfer of authority from the federal government to the state. Of note, MassDEP Commissioner Marty Suuberg responded that: “For decades, 46 other states have successfully implemented this program. The aims of a Massachusetts program are better environmental outcomes for the Commonwealth and timelier percontinued on page 21

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Legislative Update continued from page 19 mitting for permittees. To achieve these goals, the Baker-Polito administration’s proposal includes a significant investment in improved water monitoring, analysis, and technical assistance. These investments provide regulators with the science needed to protect and improve the Commonwealth’s water quality in permitting decisions. The Massachusetts Department of Environmental Protection also has a decades-long history of effectively administering other federal environmental programs for hazardous waste, air quality, and drinking water. Assumption of the NPDES program would be a transparent, collaborative, and multiyear process culminating in a state-led program still under the oversight of the federal Environmental Protection Agency. The Joint Committee on the Environment, Natural Resources and Agriculture, which took testimony on the measure in October and continues to hear from advocates on both sides of the issue, is still reviewing the filed legislation. While all timely filed legislation must be reported on by the Committee by February 7th, under Joint Rule 10, there is no indication in which direction the Committee is currently leaning. continued on page 23

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Baker-Polito Administration Releases $1.53M to Address Stormwater Runoff Projects

ccording to a press release from the Governor’s Office, the Baker-Polito Administration announced that eight local projects and one statewide project targeting water pollution from stormwater runoff and erosion will receive more than $1.53 million in grants utilizing funds from the U.S. Environmental Protection Agency (EPA). The eight projects receiving funding are based in Amesbury, Bellingham, Brewster, Canton, Franklin, Great Barrington, Millbury, and Westford, and the statewide project will serve multiple communities. Six of the recommended projects will implement or demonstrate best management practices (BMPs) to mitigate the effects of polluted stormwater runoff. One project will help develop a stormwater utility. Another project will develop watershed-based plans, and the last project will apply alum to reduce toxic cyanobacteria blooms. The grant program focuses on implementation of measures to control nonpoint source (NPS) pollution to surface and groundwater. Unlike pollution from inSince 1962

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dustrial facilities and sewage treatment plants, NPS pollution is unregulated and comes from a variety of sources. NPS pollution is caused by rainfall or snowmelt moving over and through the ground. As the runoff moves, it picks up and carries away natural and human-made pollutants, finally depositing them into lakes, rivers, wetlands, coastal waters, and ground waters. Common types of NPS pollution include phosphorus and nitrogen from lawn and garden fertilizers and agricultural operations, bacteria from pet waste and waterfowl, oil and grease from parking lots and roadways, and sediment from construction activities and soil erosion. According to the MassDEP, these projects will help to protect Massachusetts’ water resources by restoring and preserving watershed areas, constructing BMPs, demonstrating innovative technologies, and educating the public on how to protect sensitive natural McGill resources. Recipients municipalities, McGill Hose Coupling, Inc. Hose McGill & Coupling, Hose &include Coupling, Inc.& Inc. continued on page Connecting people with 25 piping. Connecting Connecting people with people piping. with piping.

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Legislative Update continued from page 23 regional planning agencies, and environmental organizations. Each of these projects was reviewed and approved by MassDEP’s regional and program staff, the MassDEP/Executive Office of Energy and Environmental Affairs Proposal Review Committee and the federal EPA. Funding for the projects will be available in early 2018. The projects recommended to be funded are: • Town of Amesbury ($352,000) will apply alum to Lake Attitash to reduce internal phosphorus loading to stop frequent harmful algal blooms. • Town of Bellingham ($97,895) will use the funds to assist the implementation of BMPs at the town’s Municipal Center to reduce the impact of stormwater runoff. • Town of Brewster ($105,000) will use the funds to restore tidal flow, water quality, and salt marsh area by installing BMPs and upgrading an undersized culvert. • Town of Canton ($134,784) will use the funds to construct BMPs along Beaver Meadow Brook and in the Pequit Brook Watershed,

tributaries to the Neponset River. • Town of Franklin ($125,000) will implement stormwater BMPs for a public roadway. • Town of Great Barrington ($288,925) will install structural BMPs on Knob Hill Road to capture sediment and pollutants that led to the impairment of Lake Mansfield. • Town of Millbury ($150,000) will reduce sediment and nutrient loads as well as the quantity and velocity of stormwater flows to the Blackstone River, through the installation of BMPs. • Town of Westford ($99,982) will develop a stormwater utility that meets the stormwater management, social, and technical needs of the community. • Grant funds of $180,970 will be used to continue the Massachusetts Watershed Based Plan’s web-based tool and develop a statewide lake trophic response modeling tool. With the addition of the 2018 funding awarded today under the grant programs, the Commonwealth and EPA have provided more than $17.8 million since 2007 for 96 projects to address NPS pollution across the state. continued on page 27

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News in Brief

• Governor Baker and Lt. Governor Polito Announce Intention to Seek Re-Election. As widely expected, Governor Charlie Baker and Lt. Governor Karyn Polito indicated at the end of November that they intend to seek re-election to the offices they ascended to in 2014. In making the announcement, Governor Baker stated the campaign will focus on “bipartisan achievements, high levels of employment, investments in education, holding the line on taxes, and tackling systemic and persistent problems like the management and performance of the MBTA and the opioid crisis.” Three Democrats, Setti Warren, Jay Gonzalez, and Bob Massie, have stated that they will seek the Democratic nomination for Governor. • Secretary of State Galvin Draws Primary Challenger. Secretary of State William Galvin, who recently announced his intention to seek a 7th term in the office, has drawn a challenger for the seat in Boston City Councilor Josh Zakim. According to a report in the State House News Service, the last time that Secretary Galvin faced an intra-party primary was in 2006. A graduate of the University of Pennsylvania and Northeastern

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with UCANE’s Officers and Board Members How did you get started in the underground construction industry, and what was your first job? I got started in the underground construction industry as a child observing the family business, WES Construction. I studied civil engineering at Northeastern University and worked my first co-op job at WES. Upon graduation, I went to work for Peter Kiewit and Sons in Maryland. I worked on subway stations and the Fort McHenry Tunnel. Working for a large multinational company was great training. How long have you been with the company you currently work for? After three years at Peter Kiewit and Sons I left to work at WES, and have been there for the last 33 years. I started in the field and worked my way up in positions of increasing responsibility. How long have you been involved in UCANE and why did you decide to get involved. We have been members of UCANE for more than 10 years. Being in the industry, we had heard about UCANE from other contractors. One day Anne Klayman called me in the office and made a great case for why WES Construction Corp. should be a UCANE member. We joined and she was right, and we are glad we made that decision. DECEMBER, 2017

UCANE Board Member Kenneth Vogel President, WES Construction Corp.

We are operating in an aggressive bidding environment with many other highly qualified contractors. The advantages of being part of an industry association like UCANE are many. It gives one the opportunity to hear about upcoming changes within and around our industry in areas such as insurance, OSHA, and state and federal legislation. UCANE is the most vocal and respected advocate when it comes to promoting increased funding for our industry. Every contractor should support our association that pushes for more work to be put out on the street. What would you like our membership know about being a Board Member? I was flattered to be asked by my peers to be a member of the Board. continued on page 32

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Under the Hard Hat continued from page 31 The meetings are always educational and I get the chance to connect faces with the names of some of my long time competitors. I even recommended to my daughter, who is a structural engineer in Maryland, that she should get involved in a industry association down there. She did and is having a wonderful experience. Being active in the association has been a significant part of her professional development. Being on a Board or a Committee is a wonderful way to network with others in your industry. It can be a rewarding experience at any age. n

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DECEMBER, 2017

UCANE Meets with New House Ways and Means Chairman

CANE recently met with newly appointed House Ways and Means Chairman Representative Jeffrey Sanchez (Boston) to discuss water infrastructure issues. Representative Sanchez is well versed on this topic and has worked with UCANE in the past on the importance of clean and dependable drinking water in his role as House Chair of the Committee on Public Health. He was a supporter of Chapter 259 of the Acts of 2014 , An Act Improving Drinking Water and Wastewater Infrastructure, and was instrumental in the establishment of the Water Infrastructure Advisory Committee (WIAC). UCANE is a member of that Advisory Committee, whose mission is to monitor the progress that Massachusetts is making in closing the $18 billion to $21 billion gap in funding for water, wastewater, and storm water infrastructure that exists in the Commonwealth. The House Ways and Means Committee produces an annual budget recommendation and considers all legislation affecting the finances of the Commonwealth.

(L-R): Victoria Zoppo (R. Zoppo Corp.); Representative Sanchez; A. J. Lorusso (Lorusso Heavy Equipment, LLC); and Jeff Mahoney (UCANE Assistant Executive Director)

UCANE congratulates Representative Sanchez on his appointment and looks forward to continue working with him in the future to assure that the protection of all Massachusetts water resources remain a priority on Beacon Hill. n

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Top 5 Technology Mistakes Made by Small Businesses Failing to Back up Appropriately Not having your data backed up might seem like a rookie move, but businesses are still making this fatal mistake. If something happens to an employee’s computer with the only copy of a client project, or if your office is robbed and the backup drives are stolen, what will you do? Hopefully you’ll have your data backed up in a safe way that accounts for a range of different disaster scenarios. We strongly recommend you speak with an IT professional to make sure you are covered for these scenarios, and ask how quickly you would be “back up” if one of these events occurred.

Failing at Social Networking With 75% of all Internet users on social networking sites, you’re missing your customer by not engaging with them where they now spend so much of their time. Only a few years ago, no one could be certain how social media would impact businesses and marketing; now, the facts are clear. A quality social media campaign can bring value to a brand that simply wasn’t possible before, by allowing consumers to directly engage with it. If you’re a small business with an undeveloped social media presence, this is an easy way to expand your presence with free marketing.

Slacking on Security Security has, and will continue to be, a top IT concern for businesses everywhere. It’s crucial, especially when working with sensitive client information or trade secrets, to be at the forefront of top-of-theline security protocols. Hackers, malware, viruses –

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it’s all out there looking to make a buck by stealing or compromising your data. Whether you’re hosting workloads on-premise in a locked storage closet or in a private cloud behind your company’s firewall, your information needs to be protected. Consult with an IT pro who can utilize software to test your security, and define Best Practices to minimize gaps in your security.

Poor Tech Support When something goes wrong in your IT network, the best-case scenario is a loss of productivity; the worst-case scenario is a loss of work already performed—a step backward. A strong IT foundation with qualified, professional support is essential to the health of a business in this age of technology. There’s too much on the line to not have quality, customized support whenever you need it to solve any IT problems you might encounter. continued on page 37

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Technology in Const. continued from page 35

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Holiday Cheer, Auction Items, and Ugly Sweaters, Make UCANE’s 44th Annual Christmas Party and Scholarship Auction a Very Special Event! NO HUMBUG HERE! Even Ebenezer Scrooge would have cracked a grin when he laid his tired eyes on the multitude of items on display at UCANE’s 44 th Annual Christmas Scholarship Auction held at The Lantana, Randolph, MA. His grin would have become a full-fledged smile when he saw the more than 50 fabulous raffle items being given away, the fun and spirit of the actual auction conducted by Auctioneer Extraordinaire Gary Seybold (Ritchie Brothers Auctioneers), and later in the evening, maybe even winning, the “Ugly Sweater” contest.

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DECEMBER, 2017

ld Ebenezer would probably have said, “This Christmas Auction was the best I’ve ever attended. My kudos to UCANE members who donated their companies’ services and products, and the generosity of the nearly 200 members and guests who bid on the items. And lastly, to UCANE’s Executive Director Anne Klayman and the UCANE staff, who each year continue to outdo themselves to bring everyone a unique and fun-filled experience. I’ll plan to attend next year, if not in body, then in spirit.” Anne 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 for the second consecutive year, had flown in from Florida just to conduct our event. Gary is a true professional, and his southern drawl, rapid fire pronouncements, and affable nature made for an entertaining and successful auction. Anne went on to acknowledge and thank UCANE member Ritchie Brothers Auctioneers, an internationally known equipment auctioneering company, for their contribution, donating Gary’s time and expenses to

DECEMBER, 2017

conduct this year’s Christmas Auction. Members and their guests were quick to get into the Christmas spirit, soon after partaking of the sumptuous dinner buffet, as Anne spun the raffle drum and began calling out names for the raffle prizes, which included gift certificates to restaurants, tours, stores, and spas; hotel overnights; sherpa blankets; two child’s motorized riding vehicles; sports memorabilia; Patriots hats; and much more. 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; an authentic autographed Rob “Gronk” Gronkowski jersey, continued on page 41

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Auction continued from page 39 autographed memorabilia from Julian Edelman, Kyrie Irving, and James White; and framed photographs of Tom Brady in a tribute to “Deflategate” and the accomplishments of the dynamic duo of quarterback Tom Brady and coach Bill Belichick. In addition to construction items donated by UCANE members such as gravel and stone, and equipment rentals, there were overnight stays at the Newport Marriott Hotel with a mansion tour for two and Mohegan Sun with dinner for two. Some more unique items were a tour of the Boston Winery and a tasting for 10 and dinner for 10 or a cocktail party for 20 at UCANE Executive Director Anne Klayman’s home served by the UCANE staff, which will fund the 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 AMI Rowe jukebox filled with 100 CDs. Some of the other items included a wall-mounted remote controlled fireplace, a collector’s case of Warre’s 2011 vintage port wine, a 6-foot musical lighted nutcracker, a four-story fully-furnished doll house, huge 8-foot and 9-foot inflatables of a sitting buck and a furry teddy bear, a 9-foot pontoon fishing boat, a decorator desk, a floor lamp, diamond and gold jewelry, and an electronic adjustable height desk. There were many other amazing items donated by our 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, which provided great fun and entertainment as well as support for our Scholarship

DECEMBER, 2017

fund. (For a complete list of donors, sponsors, and purchasers, please turn to pages 42 & 43.) The night ended with Anne awarding prizes to our Ugly Sweater winners, and our “Secret Santa” gift of a spectacular one carat ladies diamond cocktail ring to the “bring a guest” raffle winner, Barbara Our of the Robert B. Our Co., Inc. For those members who were unable to attend this year’s auction, we are certain that you would have had a wonderful time and hope that you can attend next year’s auction. Not only was it an event to support our Scholarship and General Funds, it was a night filled with fun, friends, competition, and laughs. It was an ideal way to kick off the holiday season, and UCANE would again like to thank all of our tremendous donors, bidders, and attendees, who together made the Auction so worthwhile and such a great success.

Merry Christmas to all...and to all, good health, happiness, and prosperity in the coming year!

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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. Jay Cashman, Inc. ATS Equipment, Inc. Celco Construction Corp. Abby Park Restaurant Channel 7 Action Jackson Amusements Cliffords Flowers Advantage Petroleum, Inc. Comedy Connection Aggregate Industries - N. E. Region Concrete Systems, Inc. Albanese Bros., Inc. Core & Main Albanese D&S, Inc. Cullen, Murphy & Co., P.C. American Shoring Inc. Dagle Electrical Const. Corp. A. F. Amorello & Sons, Inc. Dale Carnegie Institute Aqua Line Utility, Inc. D’Allessandro Corp. AQUAREHAB USA, Inc. J. D’Amico, Inc. Barletta Heavy Division Del Frisco’s Steakhouse Bella Sandra Skin Spa (Maria Scenna) James J. Dowd & Sons A. R. Belli, Inc. Insurance Agency, Inc. Biszko Contracting Corp. EJ Blue Man Group Eastern Insurance Group, LLP The Boston Beer Company Eastern States Ins. Agency, Inc. Boston Food Tours Eastpoint Lasers, LLC Boston Harbor Cruises Equipment Corporation of America Boston Symphony Orchestra Equipment4Rent Boston Winery Exhale Spa (Battery Wharf Hotel) Brookmeadow Country Club F1-Boston Dennis K. Burke, Inc. Fanchest C. C. Construction, Inc. FED. CORP. C.J.P. & Sons Const. Co., Inc. Feeney Bros. Excavation, LLC C&S Insurance Agency, Inc. Ferguson Waterworks P. Caliacco Corp. The Fours Restaurant

Four Points by Sheraton Hotel GVC Construction Inc. Gagliarducci Construction, Inc. Garrity Asphalt Reclaiming, Inc. Pelino Gioioso P. Gioioso & Sons, Inc. Green Environmental, Inc. L. Guerini Group Inc. HD Supply Const. & Industrial White Cap I.W. Harding Const. Co., Inc. A. H. Harris Construction Supplies Jon Heslin (BakerCorp) Hilb New England HUB Int’l New England, LLC Iaria Bros., Inc. JBBD KJS, Inc. P. T. Kelley, Inc. The Lafayette House (Foxboro, MA) P. A. Landers, Inc. Lawrence-Lynch Corp. LaSacala Restaurant (Randolph) Legal Seafood Joel Lewin (Hinckley Allen LLP) Lorusso Corporation S. M. Lorusso & Sons, Inc.

Luciano’s Restaurant (Wrentham, MA) Preservation Society of Newport Maggiano’s Restaurant Putnam Pipe Corp. Makeovers Salon & Spa (Easton, MA) RFS Corp. Marois Bros., Inc. RJV Construction Corp. W. B. Mason Co. Robert Radigan McCourt Construction Company Rain for Rent - New England Milton CAT Riley Brothers, Inc. Minuteman Trucks, Inc. Ritchie Bros. Auctioneers Mohegan Sun Casino RoadSafe Traffic Systems, Inc. Newport Harbor Hotel & Marina Salon Capri (Dedham, MA) Newport Marriott Hotel Schmidt Equipment, Inc. North American Crane & Rigging Scituate Concrete Pipe Corp. North East Shoring Equipment, LLC Scituate Concrete Products Corp. Northeast Traffic Control Scrap-It, Inc./ Services, Inc. Minichiello Bros., Inc. Dr. Michael O’Brien/Jennifer Wolfsberg Seasons 52 Restaurant Ocean State Oil Sheraton Needham Hotel Robert B. Our Co., Inc. Simpson Gumpertz & Heger, Inc. Palmer Paving Corp. SpeakEasy Stage Company E. H. Perkins Const. Co., Inc. Starkweather & Shepley Insurance Podgurski Corp. Brokerage, Inc. J. A. Polito & Sons Co., Inc. The Stiles Company, Inc. E. J. Prescott, Inc. Story Land (NH)

Strega Restaurant Sunbelt Rentals Systems Support Corp. TD Garden Tavelino Restaurant (Foxboro) Taylor Oil Company Tonry Insurance Group, Inc. Travelers Triumph Modular Inc. Twelve Points Retirement Advisors USI Insurance Services, LLC Umbro & Sons Construction Corp. The Vanderbilt Club (Norwood, MA) WCVB-TV Channel 5 W. Walsh Co., Inc. WES Construction Corp. Weston & Sampson Engineers, Inc. C. N. Wood Company, Inc. Woodco Machinery, Inc. R. Zoppo Corp.

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DECEMBER, 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 2018. IMPORTANT: In the event the applicant receives a full first year scholarship from the college of his/her choice, or from any organization, civic group, etc., the UCANE scholarship will be awarded to another applicant.

HOW WILL THE APPLICATION BE JUDGED? 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. thoroughness 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 applicants 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 16, 2018. 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

DECEMBER, 2017

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DECEMBER, 2017

Sandwich Board OKs Deal to Address Regional Wastewater Woes The Sandwich Board of Selectmen unanimously approved an intermunicipal agreement with Mashpee and Barnstable—the first of its kind on the Cape—to help clean up Popponesset Bay.

he agreement, which could be used as a template for other Cape towns seeking regional solutions, aims to jointly address wastewater impacts on coastal waterways. “This is a feather in the three towns’ caps. We are the first on the Cape to have a legal agreement,” said Town Manager George H. (Bud) Dunham. The Sandwich selectmen signed the agreement Thursday night, November 16. Earlier in the week, Mashpee selectman Andrew R. Gottlieb also praised the culmination of months of negotiations among the three towns. “This is a significant step forward,” said Mr. Gottlieb, who helped hammer out the agreement. “It’s a huge deal.” The document marks a recognition by all three towns that each shares a responsibility for the nitrogen-loading that continues to impair the bay’s waters, and the agreement is a commitment from the towns to work together to mitigate that impact. Groundwater carries pollutants from all three towns into the bay. “We all share in causing the problem; therefore, we all share in the solution,” Mr. Gottlieb said. The agreement also creates a framework for the towns to look for the lowest-cost options available for this mitigation. Most significantly, the agreement lays out the percentage of nitrogen each of the three towns is responsible for mitigating for the overall problem in the bay, down to the half percentage point. The agreement states that Mashpee has contributed the lion’s share—74.5 percent—of the nitrogen

SEPTEMBER,2017 DECEMBER, 2016

load; Barnstable pledges to clean up 16 percent; and Sandwich is responsible for 9.5 percent. The Mashpee Board of Selectmen voted unanimously on Monday, November 13, to support the agreement but held off on signing it until both other towns approved it. Barnstable is expected to approve the agreement in the near future, said Sandwich Town Attorney John W. Giorgio, who crafted the wording. Barnstable Town Manager Mark S. Ells could not be reached for comment on November 16. The agreement came about after a year and a half of negotiations among members of a working group representing the three towns. Mashpee’s Assistant Town Manager Wayne E. Taylor, Town Planner F. Thomas Fudala, wastewater continued on page 52

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51 00

Cape Cod continued from page 51

through grants and will use Mashpee, Sandwich and Barnstable’s agreement as a framework to assist othconsulting engineer Jeff Greg and Mr. Gottlieb reper towns in their own regional agreements. resented Mashpee; Sandwich Town Manager Mr. “Work to date on this [agreement] can serve as Dunham, health agent Dave B. Mason, consulting a model for other communities and I look forward to engineer Edward Leonard of Wright-Pierce, and thencontinued progress in Popponesset Bay and elseselectman Frank Pannorfi represented Sandwich; and where across the region,” Paul Neidzwiecki, execuDaniel W. Santos from Barnstable Department of Pubtive director of the Cape Cod Commission, wrote in a lic Works represented the easternmost town. letter to the three towns. Sandwich volunteered Mr. Giorgio to draft the The commission, following a court order, was language, and Mashpee and Barnstable attorneys charged with developing an updated water quality also reviewed the draft. management plan pursuant to Section 208 of the En“I was very pleased that the science led the disvironmental Protection Agency’s 1972 Clean Water cussion and that the percentages were based on Act. The commission’s updated plan, known as The technical information,” Mr. Giorgio told the Sandwich 208 Plan, was approved by the state in 2015. The plan selectmen Thursday, Boston November 16. Area calls on towns to take a regional approach to cleaning Locations funded the work The Cape Cod Commission estuaries where multiple towns share in the degradation of watersheds. 2 Dexter Street The degradation mostly stems Everett, MA 02149 Boston Area Boston Area from septic tanks. Municipalities Locations Locations have looked at installing sew431 Second Street ers—as well as other alternatives, Everett, MA 02149 2 Dexter Street 2 Dexter Street such as increasing shellfish beds Everett, MA 02149 Everett, MA 02149 to cleanse the water—to mitigate the high nitrogen loads. Sewers 431 Second Street catch nitrogen at its source, before 431 Second Street it can make it into the groundwater Everett, MA 02149 Everett, MA 02149 and then into the estuaries. Prior to BOSTON AREA LOCATIONS the court order, towns across the 2 Dexter Street 431 Second Street Cape had drafted their own plans Everett, MA 02149 Everett, MA 02149 to clean their respective estuaries. The state approved Mashpee’s Comprehensive Nitrogen Mitigation Plan in 2015. The 20-year plan calls for the installment of sewer collection systems around the town’s southern water bodies. Neither Sandwich nor Barnstable has received such state certifications. On Monday, chairman of the Minichiello Bros./Scrap-It, Inc., Mashpee Board of Selectman Minichiello Bros./Scrap-It, Inc. Thomas F. O’Hara had concerns 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, buyers, sellers, and processors of scrap metal. Forour overgoal 60 years goal that signing the agreement would sellers and processors of scrap metal. For over 60 years has our remained remained the same - to in provide the best along prices in thetop industry along with set into place a specific deadline the same - tohas provide the best prices the industry with notch top notch service! Fred Rogers at 617-595-5505 customer service! Callcustomer Fred Rogers at Call 617-595-5505 on its plan, but Mr. Gottlieb reasMinichiello Bros./Scrap-It, Inc., sured the board the agreement Minichiello Bros./Scrap-It, Inc., spelled out a framework for workServes over 2500 customers a week and is one New England's largest buyers, ing toward completion but did not sellers and processors of scrap metal. For overa60week years ourisgoal Serves over 2500 customers and onehas Newremained England's largest buyers, force a time line. he same - to provide the best in theof industry along with notch sellers and prices processors scrap metal. Fortop over 60 years our goal has remained customer service! the Callsame Fred -Rogers at 617-595-5505 to provide the best prices in the industry along with top notch“[Each town] controls the timing and how to implement their customer service! Call Fred Rogers at 617-595-5505 plans,” he said. “This gives us the knowledge that they are on track.” The agreement also lays out Turn your metal into money today! guidelines for finding cost-effective Turn your metal into money today!

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Cape Cod continued from page 52

working group with representatives from each town. The group would have no binding authority but would provide recommendations. The group would be subject to state open meeting laws.

means to deal with nitrogen-loading. For a town like Sandwich, which is so far from the bay, it might make more sense to pay Mashpee to mitigate its share of By Sam Houghton & Tao Woolfe. Reprinted from the pollution. While no specifics have yet been laid Sandwich Enterprise. continued on page 55 out in the agreement, the document creates a framework for such offsetting to take place. One section of the six-page MBO Precast Inc. agreement states that the towns 4 Marion Drive • Carver, MA 02330 agree to develop “a fair and practiT: 508-866-6900 • F: 508-866-5252 cal methodology for a reasonable www.MBOPrecast.com nitrogen trading mechanism, including metrics for determining a nitrogen credit trading ‘currency’ in Stone Strong Retaining Wall Systems terms of dollars per pound or other Manholes / Catch Basins / Custom Structures trading metric.” Septic Tanks / Leaching Products Mashpee will be the fiscal agent under the agreement and, as it states, shall “receive, hold and expend” funds appropriated by the parties for joint actions required in the implementation of the agreement, as well as grant funds awarded regarding a permit. The agreement also calls for a

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Cape Cod continued from page 53

Sandwich Eyes Tax Surcharge Build Wastewater System

Town officials presented selectmen with a plan in midNovember to fund a $30 million wastewater treatment plant without the need for a massive tax increase.

nstead, Town Counsel John Giorgio and Town Manager George H. (Bud) Dunham suggested the town establish a wastewater fund—much like the community preservation fund—for which taxpayers would pay a small surcharge annually on their tax bill. Specifically, taxpayers would contribute up to 3 percent of their property taxes to a Water Infrastructure Investment Fund. The money would accrue in the fund, and earn interest, and be used to build the treatment plant and sewer lines in the coming years. Mr. Giorgio suggested the idea be brought up at the annual Town Meeting in May, and, if approved by voters, assessments would begin in January 2019 and construction of the treatment plant could begin shortly thereafter. Residents would also have to approve the funding plan by ballot vote, Mr. Giorgio said. He suggested the facility be built on town-owned property at the Jan Sebastian Drive industrial park and the sewage be piped to a yet-to-be-determined discharge area. Susan R. James, chairman of the board of selectmen, said she worried that residents would balk at an increase in taxes—for any reason. “The town is very anti-tax right now,” Ms. James said. “I would have to do a lot of thinking about that.” But Selectman David Sampson said Sandwich and other Cape towns really have no choice about taking steps to deal with wastewater in an effort to clean up coastal waterways. “This is not a voluntary decision. We have a mandate to solve a problem, and there’s going to be a cost,” Mr. Sampson said. “We can pay now or pay later.” Mr. Giorgio said the town could also opt to fund the wastewater project through a Proposition 21/2 debt exclusion. Funding through a debt exclusion vote means that, once residents approve a certain amount, the town DECEMBER, 2017

borrows the money and pays the loan back through a temporary tax increase (usually 25 to 30 years). Mr. Dunham said a tax surcharge would be less painful for the taxpayers. “In my mind, this is a relatively simple solution for people to pay a little over time,” Mr. Dunham said. “The average cost to the taxpayer would be less than a debt exclusion.” Mr. Dunham added that he wants to see construction begin soon because the septic systems of the town’s schools are degrading and are a “ticking time bomb.” Once the system is in place, the town could recoup about 25 percent of its construction costs by charging commercial—and eventually residential— customers to hook up to the sewer lines. Mr. Giorgio agreed that the town must act quickly. If it does not, the town risks having federal or state authorities mandate specific, more stringent remedies that would be even more costly. “It is a cost you will have to absorb one way or the other,” Mr. Giorgio said. Mr. Giorgio also mentioned that Sandwich could face further lawsuits if it does not step up its efforts to find a way to better address wastewater impacts on the Cape’s coastline. He was referring to suits filed by the Conservation Law Foundation. The organization filed lawsuits against the Cape municipalities and the US Environmental Protection Agency in 2011 for failing to take actions to reduce harmful nitrogen pollution on Cape Cod. The lawsuits were intended to spur the EPA to implement its obligations to review, update and encontinued on page 57

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Cape Cod continued from page 55 force a working and time-bound plan to stop the flow of nutrient wastewater and stormwater into the Cape’s bays. The Cape suits were resolved in 2014, but the settlement mandated that Sandwich and the other 14 Cape towns comply with Section 208 of the federal Clean Water Act. In 2015, the EPA approved an updated plan from the Cape Cod Commission, commonly known as the 208 plan, which creates a framework to reduce nitrogen levels through a regional approach. At a recent wastewater summit meeting in Hyannis, a principal of the Conservation Law Foundation said the Cape towns are only doing a so-so job of cleaning up their waters and hinted at the possibility of further legal action. In a related matter, Sandwich signed an intermunicipal agreement with the towns of Mashpee and Barnstable to address wastewater treatment in the Popponesset Bay watershed. The agreement categorizes the amount of nitrogen mitigation for which each municipality is responsible. Nitrogen and phosphorus are the chief culprits in the contamination of local waters. Mr. Giorgio’s presentation builds on a report—the long-awaited Comprehensive Water Resource Management Plan—presented in August to the selectmen by Wright-Pierce Engineering, the town’s wastewater consultant. The research for the report began in 2012. Ed Leonard, water quality consultant for WrightPierce, told selectmen that within the next few years the town must begin to implement wastewater treatment solutions that will cost tens of millions of dollars. The treatment plant being proposed in the industrial park is one piece of the town’s overall wastewater plan. The report recommended that Sandwich ultimately build three wastewater plants over a 60-year period. Besides the Jan Sebastian site, Wright-Pierce recommended another plant near the marina and another in Forestdale—all of which could, someday, be piped to a plant at Joint Base Cape Cod. The report has been sent to the state Department of Environmental Protection and the Cape Cod Commission. Both agencies have been asked to read and comment on the materials. In his summary of the massive report, Mr. Leonard said no one wastewater treatment system would be just right for the town. After examining many traditional and alternative wastewater systems, Wright-Pierce recommended that the town adopt a hybrid plan that includes build-

DECEMBER, 2017

“In my mind this is a relatively simple solution for people to pay a little over time. The average cost to the taxpayer would be less than a debt exclusion.”

~ Town Manager George H. (Bud) Dunham

ing treatment systems and trading nitrogen credits with neighboring towns. Health Agent David B. Mason told Ms. James on November 16 that the town still plans to launch a public awareness campaign about wastewater, but the status of that effort is unclear. Town Planner Blair Haney, who had successfully applied for a state grant to fund the public awareness campaign, resigned this summer to pursue a master’s degree. Ms. James said an educational campaign must begin soon if voters are going to be asked to consider the Water Infrastructure Investment Fund at the May Town Meeting. By Tao Woolfe. Reprinted from Sandwich Enterprise. n

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How to Hire a Winning Workforce Six Tips for Acquiring Talent with the Credentials & Experience Your Company Needs Recruiting top talent can be difficult in any competitive industry. Just as job seekers compete to stand out to recruiters and potential employers, firms also need to make an impression on qualified candidates to avoid losing them to competitors. Acquiring talent that has the credentials and experience, as well as the desire to stay with a company long-term, is fundamental in successfully reaching and expanding your business goals, but doing so is often much easier said than done. This sentiment definitely rings true to the construction industry. In a survey by the Associated General Contractors of America posted earlier this year, the majority of construction firms surveyed stated that it expects project demand to grow. This is a positive projection, however, nearly three-quarters of those firms also expressed that they are having difficulties finding qualified employees. As the study points out, this is largely because the construction industry is having a hard time recruiting younger job seekers, and many of the seasoned professionals who are able to fill senior-level roles are heading toward retirement age. This creates a large gap, illustrating the reason why there is such competition when it comes to snagging experienced talent. If you’re having issues finding the right people to fill your top roles, the following are a few ways to help bring qualified applicants your way.

1. Offer Competitive Salaries, Benefits & Incentives Naturally, pay and benefits play a huge part in a job seeker’s decision, so it is important that your offer is standard to the position and industry. If your budget doesn’t allow you to outshine all of your competitors when it comes to salary, remember that there are other perks that help to influence an applicant.

DECEMBER, 2017

Get creative with employee incentives, and ensure that the benefits will enhance the candidate’s quality of life. Someone is more likely to accept slightly lesser pay if your stance on health insurance, parental leave, vacation days and more is more ideal than another firm’s offerings.

2. Be Clear & Creative in Your Job Descriptions Applicants are more likely to apply for a job if they feel certain they are qualified for the position, as they want to put their energy and efforts into an opening for which they have a higher chance of getting an interview. In order to demonstrate this clarity, it’s important that your job descriptions highlight the following: • The position’s title • What experience, education, certifications, skills and training is needed • A detailed list of unique job responsibilities • A summary of how the role contributes to the greater value of the firm • Salary and benefit information • Possibility of company growth and advancement within the company • Clear instructions on where, how and when to apply • A clear and enthusiastic call to action continued on page 60

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Winning Workforce continued from page 59 Keep in mind that many job descriptions look the same. If an applicant searches for “civil engineer construction jobs” in a search engine or a job database, they will most likely skim over the results until they find one that catches their attention. To help your job listing stand out, remember that you are essentially advertising the position. Don’t be afraid to show some personality in your wording, and showcase a few reasons why your firm is one of the best. Also, bullets and shorter paragraphs generally work better for descriptions, as long, bulky chunks of text are hard to skim and can send readers onto the next listing.

3. Showcase Your Company Culture Applicants at the senior-level typically aren’t looking to bounce around from firm to firm. Instead, they are hoping to find a place of employment that they can settle into for the foreseeable future, which means fitting into a company’s culture is critical. Unsurprisingly, studies have shown that the more uplifting and engaging the workplace is, the more productive workers are and the lower the turnover rate will be long term. That’s not to say you have to create a flashy or gimmicky culture. In today’s world, company culture is often used interchangeably with what kind of ex-

tras the company gives away, and while perks can be effective as performance motivation, the culture you mold should not be used as a bribe to lure job seekers. Rather, it’s best if it reflects your values and your overall tone as a company, as this is the best way to attract talent that will both add value to and benefit from the work environment. Be transparent about your culture with your blog, social media posts and job descriptions, and get intentional with your hiring process. A high-level candidate will be assessing if your company is the right fit in the same manner that you are evaluating them, and incorporating your brand’s mission and purpose into the interview will help all parties involved make the right decision.

4. Remember the Early Bird Gets the Worm Indecisiveness never pays off, and you may end up losing a solid potential hire simply because you waited too long to make them an offer. Of course you want to vet your options and take time to consider which person you feel has the best chance of successfully filling the position. However, job seekers often apply to many firms simultaneously, and in an industry that’s suffering from a shortage of qualified candidates, it is likely that your competitors will need to fill similar important roles. continued on page 61

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Winning Workforce continued from page 60 The point is not to make a hasty decision out of fear that you’ll miss out on an opportunity, but if you are considering a candidate who has 95 percent of the qualities and qualifications you’re looking for, you may want to offer them the job instead of hoping that someone who crosses off every check box will appear.

5. Utilize Employee Referrals Most professionals have friends and acquaintances that work in the same industry as them, especially Burke when they’re further along in their careers andWicked have spent a significant amount of time networking and advancing their skills and qualifications. Because of this, you may consider implementing an employee-referral program. Some of your staff may know someone who is looking for a new job. If you offer a bonus or reward-based system for employees who send relevant job seekers your way, both parties mutually benefit.

in their databases, which can significantly expedite the hiring process. The infrastructure of any successful construction business relies on the quality and skill of the team, and unfortunately, finding reliable and experienced talent isn’t always an easy feat. Hopefully these tips help you fill those top positions with a bit more ease so that you can focus on growing, prospering and doing what you do best: building. Written by Lauren Brookes. Reprinted with permission from Construction Business Owner magazine. Visit 4.625 x 7.5 9-16:Dennis K. Burketo 10/24/16 constructionbusinessowner.com read more.2:18 n PM Page

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6. Bring in Executive Recruiters Experienced in Construction As any business owner knows, the start-to-finish process of writing and placing job ads, reviewing resumes, calling in applicants for interviews, making offers and finally, signing someone on for the position in question takes a considerable amount of time. This is exactly why many employers consider hiring on an executive search firm. Having a hiring professional take on the daunting task of filling an important role for your company significantly frees your time up, allowing you to focus on other priorities. If this sounds like the route you want to go, it’s important to take your time and find a search firm that can meet the specific needs of your construction business. Industry-specific recruiters will have more well-rounded knowledge of what your business needs, so they will be able to ask more on-point questions in the interview as well as better gauge the quality of the answers. Also, recruiters who focus on primarily one industry will have a deeper pool of relevant, qualified job seekers DECEMBER, 2017

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Smart Tax, Business & Planning Ideas

Pros and Cons of Asset Manag John E. Merchant, CPA

A transition is underway within investment Cullen, Murphy & Co., P.C.

IN THIS ISSUE • Pros and Cons of Asset Management Fees • Win With a Roth IRA Reversal • Year-End Thank You Gifts From Business Owners

Pros and Cons of Asset Management Fees

transition is underway within investment firms. Increasingly, the people you hire to manage your money don’t refer to themselves as brokers or stockbrokers. Instead, they’re now financial advisers, financial planners, or financial consultants. The titles may not be important, but the method of compensation can be crucial. Traditionally, brokers were paid by commissions. When you bought or sold stocks or certain mutual funds, you paid money to the broker. That’s still true for some investment professionals. However, many financial advisers are reducing or eliminating commission income in favor of fees; therefore, the money you pay these advisers does not depend on the trading you do. Various types of fees may apply, but an “assets under management (AUM)” approach is probably the most common. With AUM, you pay a fee to the adviser that’s based on your portfolio value.

Example 1: Nora Collins has a $500,000 portfolio that’s managed by a financial adviser. The adviser has a 1% AUM fee. Thus, Nora pays $5,000 (1% of

DECEMBER, 2017

firms. Increasingly, the people you hire to manage your money don’t refer to themselves as brokers or stockbrokers. Instead, they’re now financial advisers, financial planners, or financial consultants. The titles may not be important, but the method of compensation can be crucial. Traditionally, brokers were paid by commissions. When you bought or sold stocks or certain mutual funds, you paid money to the broker. That’s still true for some investment professionals.

Example 1: N $500,000 portfo financial adviser AUM fee. Thus, of $500,000) a y portfolio increas annualized fee w if her portfolio d fee would be $4, advisers reduce A portfolio size inc

Common int

Advisers who fav may contrast it w of paying commi brokers have bee clients’ accounts— their income, eve reason to do so. W isn’t an issue; No matter how man made. $500,000) a year many to thefinancial adviser.advisers If her portfolio in-Instead, AUM However, creases $550,000, Nora’s annualized fee would on in-“the same side aretoreducing or eliminating commission creaseincome to $5,500; if her portfolio drops to $450,000, The better these in favor of fees; therefore, the the fee wouldyou bepay $4,500, so on. (Many money clients wi money these and advisers does not advisers reduce AUM percentages as portfolio size increases.) advisers can colle depend on the trading you do. Various the other hand, w types of fees may apply, but an “assets Common Interest So, advisers char under management (AUM)” approach is Advisers who favor the AUM method may contrast incentive to perfo probably the most common. it with the traditional way of paying commissions on After all, if N With AUM, you pay a fee to the adviser trades. Some brokers have been charged with “churnby that’s based on your portfolio value. ing” clients’ accounts—trading heavily to boost their in-$50,000, she come, even if there was no good reason to do so. With AUM, churning isn’t an issue; Nora will pay the 1% fee no matter how many or how few trades are made. Instead, AUM supporters assert they are on “the same side of the table” as investors. The better these advisers perform, the more money clients will have and the more fees advisers can collect. Investment losses, on the other hand, will decrease AUM fees. So, advisers charging this way have ample incentive to perform well. continued on page 64

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Financial Management continued from page 63 After all, if Nora sees her account grow by $50,000, she probably won’t mind paying an extra $500 to her adviser, will she?

Getting Your Money’s Worth Those reasons have merit, but there are possible drawbacks to paying AUM to an adviser. For instance, the amounts involved may not be inconsequential. Nora might be paying $4,000–$6,000 a year to her adviser, depending on investment results. Will Nora be getting value for her money with a truly personalized investment plan? Will her adviser help her

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reduce the tax impact on her investment activity? Will he or she advise her on which investments go inside her 401(k) plan and which go into taxable accounts? Ultimately, it’s up to Nora and other clients paying advisers by AUM to decide if the investment advice they’re receiving, perhaps supplemented by other financial planning, is worth the money they pay every year. In addition, some investors may not have easy access to advisers who charge AUM fees. Example 2: Mark Lane invests largely in real estate and has relatively little in stocks, bonds, or mutual funds. Advisers who work on an AUM basis may have a minimum portfolio size for clients, so Mark won’t qualify. The same is true for Mark’s sister, Kathy, who runs a small business and puts most of her spare cash back into the company. However, Mark and Kathy both have some investment assets that could benefit from astute advice, as well as a substantial need for personal financial guidance.

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Other Options Besides AUM, what alternatives do you have for investment management? You can do it yourself, if you have the time and inclination, by choosing noload mutual funds and perhaps paying discount brokerage commissions for selected securities transactions. Another possibility is to work with an adviser who still charges commissions, if the total of those commissions is less than an AUM fee. Some financial advisers work on a retainer basis for clients such as Mark and Kathy, who have significant net worth but relatively little in the way of liquid assets to manage. The retainer typically is based on the adviser’s estimate of the time necessary for financial planning. The retainer might be high for a new client, reflecting considerable planning, but then drop in subsequent years until an event such as a business sale requires more effort again. Hourly fees and flat fees for an upfront financial plan also may be among possible modes of compensation for financial advice. Some advisers will offer a combination of compensation arrangements to suit a client’s needs. For investors, the key is to get complete disclosure of an adviser’s compensation method and periodically confirm that you’re getting value for the amount you pay. continued on page 65

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DECEMBER, 2017

Financial Management continued from page 64

Win With a Roth IRA Reversal

RAs mainly come in two broad categories: traditional and Roth. Traditional IRAs may be funded with pre-tax or after-tax dollars and are often funded largely with pre-tax dollars. Withdrawals of pre-tax money and earnings from the IRA are taxed at ordinary income rates. Once the IRA owner reaches age 701⁄2, required minimum distributions (RMDs) from the account begin and last as long as there is money in the account. Any shortfall in a taxpayer’s RMDs for a year is subject to a 50% penalty. Roth IRAs are always funded with after-tax dollars. Account owners never have RMDs. Once a Roth IRA has been in place for five years and the account owner reaches age 591⁄2, distributions are tax-free.

Astute combining of these two IRA varieties can result in a substantial stream of cash flow, moderately taxed, for you or your beneficiaries, or both. Conversion Calculation

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Branding ad Manchester Utility Contractors Association of New England (July) 6.75x4.5625 03694 v2.indd 1

2016-06-20 1:16 PM

plainville, Ma (774)847-9046

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Boston, Ma (617)269-4800

auBurn, Ma (508)832-3404

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l Forming & Shoring l Rebar l Road & Bridge l Concrete Repair & Restoration

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DECEMBER, 2017

Financial Management continued from page 65 $15,000 of her traditional IRA to a Roth IRA in 2017. She believes that will keep her in the 25% tax bracket and generate $3,750 of added federal income tax (25% of $15,000), which Sue feels is reasonable. If Sue makes similar partial Roth IRA conversions for the next 15 years, she probably will convert over half of this traditional IRA to a Roth IRA. Her RMDs will be reduced, and she’ll have access to a substantial amount of untaxed cash flow.

Looking Back A more precise method of implementing Roth IRA conversions is to use recharacterization, an IRSapproved method of reversing Roth IRA conversions, in full or in part. A Roth IRA conversion can be recharacterized up to October 15 of the following year, regardless of whether a taxpayer has requested an extension of time to file his or her return. Example 3: Sue converts $100,000 of her traditional IRA to a Roth IRA in December 2017. When her 2017 tax return is prepared in early 2018, she discovers that her taxable income would be $73,200 without her Roth IRA conversion. Therefore, Sue recharacterizes enough of her 2017 conversion to wind up with an $18,700 conversion (the $91,900 upper limit of the 25% tax bracket minus Sue’s $73,200 of other taxable income). Sue uses the full amount of the 25% tax bracket, moving as much money as possible from the traditional to the Roth side without moving into a higher bracket. Our office can help you calculate the amount to recharacterize and the amount to leave in the Roth IRA if you are interested in this strategy. Once money is in the Roth IRA and the qualifications are met, Sue can withdraw as much or as little as she needs tax free. Amounts still in the account at Sue’s death usually can be withdrawn by her beneficiaries tax free, although RMDs will be in effect.

Trusted Advice Roth IRA Conversions • You can convert a traditional IRA to a Roth IRA in three ways: • Rollover. You can receive a distribution from a traditional IRA and contribute that amount to a Roth IRA within 60 days. Here, the distribution check is payable to you. • Trustee-to-trustee transfer. You can ask the financial institution holding your traditional IRA to transfer an amount directly to the trustee of your Roth IRA at a different financial institution. The distribution may be issued to you, payable to the new trustee. • Same trustee transfer. To keep your Roth IRA with your traditional IRA custodian, you can tell the trustee to transfer an amount from your traditional IRA to your Roth IRA. • A conversion to a Roth IRA results in taxation of any untaxed amounts transferred or rolled from the traditional IRA. • The conversion is reported on Form 8606, Nondeductible IRAs.

continued on page 69

Darmody, Merlino & Co., LLP CERTIFIED PUBLIC ACCOUNTANTS AND CONSULTANTS

Serving The Construction Industry Since 1938 75 Federal Street, Boston, Massachusetts 02110-1997 OFFICE 617.426.7300 • FAX 617.426.2245 WWW.DARMODYMERLINO.COM

DECEMBER, 2017

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DECEMBER, 2017

Financial Management continued from page 67

Year-End Thank You Gifts From Business Owners continued from page 3

to selected outsid company during 2 uring the holiday season, it’s natural issue is not wheth for business owners to think about taxable income fo giving something to key individuals. whether you can d On your list might be your employees, cusgifts to clients, ven A business may tomers, suppliers, or others who helped than $25 for busin your business during 2017. If you haven’t recipient. You can already made plans, do so quickly so the making indirect g gifts may be distributed before year-end. family member. T Lavish gifts may make an excellent a $200 sweater to impression, but you probably don’t want key customer, it w to go overboard by spending too much. an indirect gift ov and the excess am You should have a budget for these deductible. Howe gifts and stick to it. You also should know not apply if you h However, the key question for employees is whether the tax consequences of your generosity. independent busin the gifts will be treated as taxable income. you’re probably safe giving away hams or with the family m Employee Gifts Generally, a cash gift or anything that looks like turkeys during the holidays. the gift, and it is n Amounts you spend on gifts to your workers cash, such as a gift card or gift certificate, will be taxIf you wish to give other continued types of on page customer’s eventu probably will be tax deductible for your company. 70 gifts, our office can advise you of the For this purpos tax consequences. (More expensive gifts and its partners ar probably will generate taxable income.) taxpayer. Similarl In all price ranges, choices are vast and will be treated as ® variable, from smartphone accessories to the $25 limit. I (photo tripods, waterproof cases, and so whether the spous Improve driveability while reducing road on) to tickets to local entertainment. their own compan maintenance, inflow, and Your infiltration. Available for gift will be even more different places, o meaningful if it’ s accompanied by a connections with asphalt and concrete applications. thoughtful letter of thanks and wishes Example: Stev for good health in the coming year. company does bus Corp., which is a Business gifts Steve and his wife Instead of or in addition to employee baskets of wine to gifts, you may want to give something gift.

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The CPA Client Bulletin (ISSN 1942-7271) is prepared by AICPA staff for the clients of its me acted upon without professional advice. Copyright © 2017 by the 69 American Institute of Ce INbeCONSTRUCTION OUTLOOK” JD, Editor. For AICPA customer service, call 888.777.7077 or visit www.aicpastore.com.

Financial Management continued from page 69 able. The amount will be subject to federal and any state or local income tax withholding as well as unemployment tax and FICA taxes. Non-cash gifts will be untaxed if they fall under the de minimis classification, meaning that the value is so low that it would not be reasonable for an employer to bother with record keeping, withholding, and so forth. The IRS has not spelled out an upper limit for spending on tax-exempt gifts. That said, you’re probably safe giving away hams or turkeys during the holidays. If you wish to give other types of gifts, your accountant can advise you of the tax consequences. (More expensive gifts probably will generate taxable income.) In all price ranges, choices are vast and variable, from smartphone accessories (photo tripods, waterproof cases, and so on) to tickets to local entertainment. Your gift will be even more meaningful if it’s accompanied by a thoughtful letter of thanks and wishes for good health in the coming year.

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Business Gifts Instead of or in addition to employee gifts, you may want to give something to selected outsiders who helped your company during 2017. In this case, the issue is not whether the gift will be taxable income for the recipient, but whether you can deduct the cost of gifts to clients, vendors, and so on. A business may deduct no more than $25 for business gifts per recipient. You can’t exceed this limit by making indirect gifts to a customer’s family member. Therefore, if you give a $200 sweater to the husband of a key customer, it will be considered an indirect gift over the $25 limit, and the excess amount will not be tax deductible. However, this rule does not apply if you have a bona fide, independent business connection with the family member receiving the gift, and it is not intended for the customer’s eventual use. For this purpose, a partnership and its partners are treated as one taxpayer. Similarly, a married couple will be treated as one taxpayer subject to the $25 limit. It doesn’t matter whether the spouses each have their own company, are employed at different places, or have independent connections with the recipient. Example: Steve Harrison’s company does business with ABC Corp., which is a valued customer. Steve and his wife Tina give four baskets of wine to ABC as a holiday gift. The Harrisons paid $100 apiece for these baskets, for a $400 total. Four ABC executives each took a gift basket home for their personal use. The Harrisons have no independent business relationship with continued on page 71

Wrentham, MA Carver, MA Burrillville, RI 508-384-0011 w w w.n or fol kpowe r.com

SAND & STONE CORP. 192 Plain St. North Attleboro, MA 02760 (508) 699-1922 www.borocorp.com

“BUY FROM THE ADVERTISERS IN CONSTRUCTION OUTLOOK”

DECEMBER, 2017

Financial Management continued from page 70 any of the executives’ other family members. They can deduct only $100 (4 times the $25 limit) of the cost of the gift baskets. Incidental costs, such as engraving on jewelry, packaging, insuring, and mailing, are generally not included in determining the cost of a gift for purposes of the $25 limit. That’s true, as long as the incidental cost doesn’t add substantial value to the gift.

Beyond $25 The following items aren’t considered gifts for purposes of the $25 limit: • An item that costs $4 or less that has your name clearly and permanently imprinted on the gift and is one of many identical items your company widely distributes. Such items might include pens, desk sets, plastic bags, and cases. • Signs, display racks, or other promotional material to be used on the business premises of the recipient. Keeping good records can enable you to support deductions for business gifts, if those deductions are challenged. Reprinted from CPA Client Bulletin. n Untitled-6 1

DECEMBER, 2017

“BUY FROM THE ADVERTISERS IN CONSTRUCTION OUTLOOK”

3/7/2016 3:49:21 PM

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

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

Equal Opportunity/Affirmative Action Employer

Advertisers’ Index APJ Equipment Corp..............................................................37 ATS Equipment, Inc. .............................................................30 Acme Shorey Precast Co., Inc...............................................24 Aggregate Industries - N.E. Region.......................................60 American Shoring, Inc........................................ Ins. Back Cvr. Aon Construction Services Group.........................................64 AQUAREHAB USA Inc...........................................................53 Boro Sand & Stone Corp.......................................................70 Brennan Consulting...............................................................58 Dennis K. Burke, Inc..............................................................61 C&S Insurance Agency.........................................................36 Core & Main.............................................................................2 Dagle Electrical Construction Corp.......................................18 Darmody, Merlino & Co., LLP................................................67 Dedham Recycled Gravel......................................................58 DeSanctis Insurance Agency, Inc. ..........................................7 Dig Safe System, Inc.............................................................62 The Driscoll Agency ..............................................................71 EJ...........................................................................................69 Eastern Insurance Group, LLC..............................................28 Eastern States Insurance Agency, Inc..................................32 Eastpoint Lasers, LLC...........................................................68 T. L. Edwards, Inc....................................................................9 Equipment4Rent....................................................................57 Ferguson Waterworks............................................................56 Gorilla Hydraulic Breakers.....................................................71 L. Guerini Group, Inc..............................................................25 HD Supply Const. & Industrial White Cap.............................14 A. H. Harris Construction Supplies........................................66 Hinckley Allen LLP.................................................................10 John Hoadley & Sons, Inc.....................................................65 JESCO...................................................................................62 Kenworth Northeast...............................................................32 P. A. Landers, Inc...................................................................44 Lawrence-Lynch Corp............................................................19 Lorusso Corp..........................................................................68 Lorusso Heavy Equipment, LLC............................................22 MBO Precast, Inc...................................................................53 Mabey, Inc..............................................................................21 Mass Broken Stone Company...............................................32 McGill Hose & Coupling, Inc..................................................23 Milton CAT..............................................................................46 Minuteman Trucks, Inc...........................................................58 Norfolk Power Equipment, Inc...............................................70 North American Crane & Rigging LLC..................................34 North East Shoring Equipment, LLC.....................................13 Ocean State Oil......................................................................37 Palmer Paving Corp.................................................................5 E. H. Perkins Construction Co., Inc.......................................72 Podgurski Corp...................................................................... 11 E. J. Prescott, Inc................................................Ins. Front Cvr. Rain For Rent-New England....................................................8 Read Custom Soils ...............................................................21 Ritchie Bros. Auctioneers......................................................66 Rogers & Gray Insurance......................................................50 Schmidt Equipment, Inc............................................. Back Cvr. Scituate Concrete Products Corp..........................................16 Scrap-It, Inc............................................................................52 Shea Concrete Products, Inc. ...............................................54 SITECH New England..............................................................6 Smith Print..............................................................................68 Starkweather & Shepley Ins. Brokerage, Inc.........................56 Systems Support Corporation...............................................15 Tonry Insurance Group, Inc...................................................25 Travelers.................................................................................20 United Concrete Products......................................................27 United Rentals Trench Safety................................................26 Webster One Source.............................................................48 C. N. Wood Co., Inc. .............................................................40 Woodco Machinery, Inc.........................................................12 Xylem Dewatering Solutions Inc............................................33

“BUY FROM THE ADVERTISERS IN CONSTRUCTION OUTLOOK”

DECEMBER, 2017

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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sales@americanshoring.com In New England

SALES • RENTALS • SERVICE REPAIRS • TRADE-INS RECERTIFICATION

American Shoring of Massachusetts, Inc.

226 Cherry Street Shrewsbury, Mass 01545

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