February 2013 CO Web by Ucane

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

FEBRUARY, 2013

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• MassDEP Releases Draft CY2013 CWIUP & DWIUP Lists • Senator Murray Files $3.35 Million Funding Request for Cape-Wide Wastewater Planning

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FEBRUARY, 2013

IN THIS ISSUE

OFFICERS President AL MORTEO FED. CORP. President-Elect TONY BORRELLI Celco Construction Corp. Treasurer JOHN OUR Robert B. Our Co., Inc. Secretary PAUL SCENNA Albanese D&S, Inc.

BOARD OF DIRECTORS MARCELLA ALBANESE Albanese Bros., Inc. JEFF BARDELL Daniel O’Connell’s Sons, Inc. VINCENT BARLETTA Barletta Heavy Division MICHAEL BISZKO, III Biszko Contracting Corp. STEVEN COMOLETTI P. Caliacco Corp. MAUREEN DAGLE Dagle Electrical Const., Corp. ADAM DeSANCTIS DeSanctis Ins. Agency, Inc. THOMAS DESCOTEAUX R. H. White Const. Co., Inc. JERRY GAGLIARDUCCI Gagliarducci Construction, Inc. MARCO GIOIOSO P. Gioioso & Sons, Inc. BILL IRWIN C.J.P. & Sons Const. Co., Inc. PHIL JASSET Honorary Board Member BILL KEAVENEY A. R. Belli, Inc. ROBERT LEE J. F. White Contracting Co. RYAN McCOURT McCourt Construction Co. RICHARD PACELLA, JR. R. M. Pacella, Inc. LOUIS SCHOOLCRAFT Ti-SALES, Inc. ANNE KLAYMAN Executive Director

3 President’s Message:

Will the Commonwealth’s Water and Sewer Infrastructure Needs be Addressed in this Legislative Session?

5 Legislative Update:

• UCANE Files Legislative Priorities for the 2013-2014 Legislative Session • Governor Patrick Files Proposed FY14 Budget; Proposes Increase to Income Tax and Reduction in Sales Tax • Legislature’s Ranks Thin as Senator Hart and Representative Walz Leave for the Private Sector • Patrick-Murray Administration Releases Long Awaited Transportation Funding Report • Patrick-Murray Administration and Legislature Look to Freeze Unemployment Insurance Rates

15 MassDEP Releases Draft CY2013 Clean Water & Drinking Water SRF Lists Totaling Over $390.2 Million 23 Barnstable County Charts Path for Wastewater Management in Hopes of Speeding Up Projects 27 New England Chapter Society of Explosive Engineers Expo 2013 29 UCANE Presents OSHA’s 10-Hour Safety Training Course 30 UCANE’s 2nd Annual Appreciation Night Trade Show 31 Senator Murray Files $3.35 Million Funding Request for Cape-Wide Wastewater Planning 34 Associate Member of the Month:

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41 FYI...Reduction of Lead in Drinking Water Act 42 UCANE’s January Dinner Meeting 48 UCANE Has a New Website 49 Benefits & HR Strategies:

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50 UCANE Welcomes the Following New Members 53 Environmental Viewpoint:

Massachusetts DEP’s Proposed Reforms to Asbestos Regulations

57 Financial Management:

• Tax Breaks for Supporting a Parent • Covered Calls Offer High Yields but Limit Gains • Business Owners Should Consider a Real Estate Purchase and Leaseback

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

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Will the Commonwealth’s Water and Sewer Infrastructure Needs be Addressed in this Legislative Session? Water Infrastructure Proposals Filed in the Legislature As the 2013-2014 legislative session began this past month, members of UCANE were heartened to hear Senate President Therese Murray (D-Plymouth) state that water infrastructure is one of the most pressing problems facing the Commonwealth. Citing drinking and wastewater needs as a “very pressing environmental issue” that “poses as a major threat to our economy”, the Senate President identified water infrastructure as a major priority for this session. While the Senate President should be praised for embracing this important goal, there is a long way to go to make this vision a reality.

ccordingly, legislators from across the Commonwealth have filed a variety of proposals to meet the funding needs identified by the Massachusetts Water Infrastructure Finance Commission (WIFC) last year. For example, Senator Jamie Eldridge (D-Acton) and Representative Carolyn Dykema (D-Holliston), co-chairs of the WIFC, have filed competing versions of legislation aimed at meeting the over $19 billion funding gap for water and sewer infrastructure. Whether through language advocating for significant bonding, creation of a statewide water infrastructure bank or even the reduction of the interest rate for SRF loans to 0%, legislators are starting to focus on one of the Commonwealth’s greatest needs. In an effort to continue to press this issue, UCANE has worked with Representative Sean Garballey (D-Arlington), an intelligent and forward-thinking legislator, to file “An Act Relative to Improve Public Health, Environmental and Economic Development through Investment in Water and Sewer Infrastructure”. This legislation, which attempts to create a funding mechanism to

FEBRUARY, 2013

directly assist cities and towns, is one of the many initiatives that UCANE will be working to advance this session. Notwithstanding our and other similarly minded groups and legislators intentions, the road ahead of us is filled with competing interests. You have undoubtedly read about the Commonwealth’s $20 billion transportation funding crisis, the increased costs of education and the rise of our state health programs. Governor Patrick has proposed meeting these funding needs by raising the income tax, reducing the sales tax, and eliminating a host of individual and corporate tax deductions. In his budget, the Governor proposes creating a large infrastructure bank where water and sewer funding are lumped into an all inclusive category of “publicly-owned infrastructure” which includes highways, bridges, mass transit, bike paths, airports and public housing, to name just a few. Among all those interests, needed water and sewer infrastructure projects may still go unaddressed. continued on page 4

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President’s Message continued from page 3 The legislative session ahead presents many challenges and yet many opportunities. I think every UCANE member knows this is going to be a difficult process as our interests (water and sewer) compete for scarce funds with other equally important programs. However, our main goal is to put work on the street by helping local municipalities obtain funds to proceed with their water and sewer projects, many of which have been delayed or canceled because of the present economic situation. Understanding that every program will need to find its own dedicated funding source, UCANE and other interested organizations have encouraged the filing of legislation to address our water and sewer infrastructure needs. To be successful, we will need the support of our members, and all local personnel involved with the delivery of water and sewer services. As the Senate President said, our water and sewer infrastructure is one of the most pressing needs facing the Commonwealth today. May the 2013-2014 legislative session provide the means for addressing this problem sooner rather than later. n

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FEBRUARY, 2013

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UCANE Files Legislative Priorities for the 2013-2014 Legislative Session

awmakers filed 5,266 bills to begin the 20132014 session by the mid-January filing deadline. Of the bills filed, 1,769 were presented in the Senate and 3,487 were filed in the House. Among some of the matters filed included measures designed to expand the bottle bill, address water and sewer infrastructure needs, gun control, the income tax and various local initiatives. More quirky filings included legislation relative to making Rex Trailer the official “cowboy” of the Commonwealth, motorcycle sound levels, and aviation awareness month. UCANE refiled legislation concerning three of its identified areas of concern: cost adjustment; interest on retainage and updates to the “Dig-Safe” law. Along those lines, Senator James Timilty (D-Walpole) and Representative Antonio F.D. Cabral (D-New Bedford) filed An Act Relative to Cost Adjustment. Senator Anthony Petruccelli (D-East Boston) filed An Act Relative to Interest on Retainage while Representative Cabral also filed An Act Relative to Improving Safety and Reducing the Cost of Construction (updating the Dig-Safe laws). It is anticipated that these measures will be sent to the Joint Committee on State Administration for their initial consideration. In an effort to capitalize on the important work of the Massachusetts Water Infrastructure Finance Commission (MWIFC), UCANE has worked with Representative Sean Garballey (D-Arlington) to file legislation attempting to develop a funding solution for addressing the over $19 billion in water and sewer needs identified by the MWIFC. While recognizing that various water infrastructure proposals have been filed, UCANE aims to add another option for consideration in the hopes that some measure – whether UCANE’s or not – is adopted to provide municipalities with the resources to invest in water and sewer infra-

FEBRUARY, 2013

structure today. As this is a new filing, it is anticipated that this item will be referred to either the Joint Committee on the Environment, Joint Committee on State Administration or the Joint Committee on Revenue. UCANE looks forward to working with the various interested organizations, government agencies, and Committee members and staff to advance these proposals. continued on page 7

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FEBRUARY, 2013

Legislative Update continued from page 5

Governor Patrick Files Proposed FY14 Budget; Proposes Increase to Income Tax and Reduction in Sales Tax

s reported in various media outlets, Governor Deval Patrick released his FY2014 budget recommendations in the latter part of January. In an effort to provide revenue sources necessary for maintaining many of the budget recommendations, the Governor proposed a variety of revenue measures designed to keep the Commonwealth competitive while still generating needed funds. Specifically, the Governor has proposed raising the state income tax to 6.25%, while reducing the state sales tax to 4.25%. In addition, the Governor has proposed eliminating a variety of personal and corporate tax exemptions and deductions. As expected, the revenue proposals were met with mixed reactions. Of note to UCANE members, the Patrick-Murray Administration also proposed the following: • Commonwealth Rate Relief. The Governor eliminated funding for the Commonwealth Rate Relief line item, 1231-1000. This is no different from the Governor’s recommendation last year; however, the House and Senate refunded the line-item at $500,000 for FY13. • Water Pollution Abatement Trust (WPAT) Contract Assistance. The Governor recommended $63 million for the Water Pollution Abatement Trust Contract Assistance (lineitem 1599-0093). The final appropriation to this line-item in FY13 was $61.5 million. • DEP Administration. Last year, the final appropriation to line-item 2200-0100 was $25.9 million, which was very close to the Governor’s FY13 recommendation of $25 million. This year, the Governor recommends an over $2 million increase to $27,872,469.

2260-8875 for the development of a wastewater smart map and cost model for the Cape Cod region at $350,000. • Watershed Management Program. The Governor recommends approximately $1 million to line-item 2800-0101, which is in line with the FY13 appropriation. • Stormwater Management. Governor Patrick recommends $405,000 to line-item 28000401, which is a slight increase over last year’s final appropriation of $397,000. The Governor’s legislative proposal has been sent to the House Committee on Ways and Means for further consideration. It is anticipated that the House will take this matter up in April with the Senate following shortly thereafter in May. continued on page 9

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• Safe Drinking Water Act. The Governor recommends a $1.5 million appropriation to line-item 2250-2000, which would be a slight increase of approximately $70,000 over FY13 funding. • Cape Cod Study. Last year the Governor eliminated this line-item and recommends the same for FY14. The House and Senate repopulated the line item in FY13 and funded

FEBRUARY, 2013

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Legislative Update continued from page 7

Legislature’s Ranks Thin as Senator Hart and Representative Walz Leave for the Private Sector

tate Senator Jack Hart (D-Boston) and State Representative Marty Walz (D-Boston) announced their resignations in January. Both veteran legislators had risen in their respective branches to positions of senior leadership. Representative Walz, a Back Bay Democrat, will resign from the House in mid-February to become the President and CEO of the Planned Parenthood League of Massachusetts. Walz, 51, who will leave after starting her fifth term in the House of Representatives earlier this month, will join Planned Parenthood in early March. Walz has represented the 8th Suffolk District in the House since 2005. In the last session, she served as the Assistant Vice Chairwoman of the House Ways and Means Committee. Her district includes the Back Bay and Beacon Hill neighborhoods in Boston and parts of Cambridge. In 2007, Walz was the lead sponsor of a bill that created a 35-foot buffer zone to protect the privacy and safety of patients visiting family planning clinics

in Massachusetts. Previously the House Chair of the Joint Committee on Education, she shepherded the passage of anti-bullying legislation passed in 2010. While the departure of Representative Walz was a surprise, the departure of Senator Hart sparked an even greater wave of interest throughout the Commonwealth. At one point, Senator Hart was considered the leading candidate as the next Senate President given Senate President Therese Murray’s (D-Plymouth) term limit in 2014. Senator Hart, who spent 16 years on Beacon Hill, where he served in the House before winning the Senate seat, was the Assistant Majority Leader in the last session. He is known as a fierce defender of his South Boston based district and works to ensure the success of the Boston Convention and Exhibition Center (BCEC). In leaving the State House, Senator Hart will be joining a national law firm with his chief of staff, Jennifer Jackson. Elections to fill the remainder of the terms for these legislators will occur in Spring. continued on page 11

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Legislative Update continued from page 9

Patrick-Murray Administration Releases Long Awaited Transportation Funding Report

he Massachusetts Department of Transportation (MassDOT) released its long-anticipated needs and funding study in mid-January. The plan addresses systemic budget deficits at the MBTA, MassDOT and the 15 Regional Transit Authorities, much of which has been caused by the debt burden related to the “Big Dig”/Central Artery Project. Citing that the long-term financing plan shows the state needs $684 million to operate the current system, the plan calls for an additional needed investment in transportation assets of $5.2 billion over ten years in road and highway repair in order to reduce the number of structurally deficient bridges and ease congestion on major arteries throughout the state; $3.8 billion to invest in existing transit services; and $275 million for Registry and airport maintenance. The plan identifies a number of high-impact transportation projects across Massachusetts that, if built, will ideally create thousands of jobs and spur economic development across the Commonwealth. In all, the plan identifies a $1.02 billion average additional need each year to create a 21st century transportation network. According to MassDOT, additional operating needs are as outlined: MassDOT: $371 million in FY14; $4.4 billion over 10 years. The proposed new funding will allow MassDOT to end the decades-long practice of funding operating costs – personnel, rent, utilities, lawn mowing, etc – with borrowed funds. Currently, for every dollar MassDOT spends today on these items, it pays $1.76 in principal and interest costs. Appropriately paying for these items with operating funds will save the Commonwealth money over time and free up capital dollars to invest in infrastructure improvements. Regional Transit Authorities: $100 million in FY14; $1.1 billion over 10 years. This additional investment will allow the RTA’s to end the practice of borrowing, with interest costs, to fund annual operating costs by instead forward-funding each agency. Beginning in FY15, the additional $100 million will be used to expand RTA service by adding hours of operation, increasing frequency on existing routes and adding new service. MBTA: $166 million in FY14; $3.2 billion over 10 years. This new investment will allow the MBTA to close its current and projected budget deficits, much of which is caused by the debt burden related to the

FEBRUARY, 2013

Central Artery public transit commitments. Beginning in FY14, $25 million in annual operating funds will also be available to provide modest service enhancements such as possibly expanding evening hours, restoring weekend service in areas that have been cut and improved customer service. In addition to paying for daily operations, the 21stCentury Plan calls for a $13 billion infusion of capital investment funds. These funds, which would supplement the Patrick-Murray Administration’s current capital investment plans, will allow MassDOT to address a backlog of deferred maintenance and improve current assets in order to reduce congestion on the Commonwealth’s roads, curb delays and minimize crowding on the MBTA trains and buses and improve customer service at various facilities. To view more about the MassDOT Transportation Needs and Financing Plan, please visit: http:// www.massdot.state.ma.us/Portals/0/docs/infoCenter/docs_materials/TheWayForward_Jan13.pdf continued on page 13

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Legislative Update continued from page 11

Patrick-Murray Administration and Legislature Look to Freeze Unemployment Insurance Rates

n what has become a tradition in recent years, Governor Patrick has filed legislation to freeze the state’s unemployment rate. In response, the Legislature seems receptive to freezing the Commonwealth’s unemployment insurance in an effort to maintain a competitive business environment.

the maximum benefit period, changing the payroll calculation time period, increasing the eligibility requirements and mandating higher rates for seasonal industries. UCANE will keep members apprised of any proposed changes to the unemployment law during this session. n

As many know, unemployment benefits are funded by a tax on employers. Those whose employees have used the system more pay at a higher rate. Currently, Massachusetts employers pay $726 per employee, on average, in unemployment insurance taxes, dramatically more than in most states. Without a rate freeze, a 2013 rate increase would boost the average cost per Massachusetts employee to $932, up from $726 in 2012 and $638 in 2010. The 2013-2014 legislative session may also see broader changes to the unemployment system. For years, many legislators have advocated for reducing

FEBRUARY, 2013

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MassDEP Releases Draft CY2013 Clean Water & Drinking Water SRF Lists Totaling Over $390.2 Million

$287.3 MILLION PROPOSED FOR CLEAN WATER SRF IN 2013

he Massachusetts Department of Environmental Protection (MassDEP), Division of Municipal Services, announced the Draft Calendar Year 2013 Intended Use Plan (IUP) which details the projects, borrowers and amounts that will be financed through the Clean Water State Revolving Fund (CWSRF) loan program. The CWSRF is a joint federal-state financing program that provides subsidized interest loans to wastewater systems for water pollution abatement projects. As noted in Table 1, Massachusetts is offering approximately

$287.3 million to finance Clean Water projects across the Commonwealth. Approximately $253.5 million will fund 23 new projects and an additional $14 million will be allocated towards funding previously approved multi-year projects. An additional $12.8 million will fund planning projects and $2 million will fund an emergency set-aside account. Also, $5 million will be directed to the Community Septic Management Program to remediate failed septic systems in participating communities. The number of new projects could increase.

Table 1 Clean Water State Revolving TABLE Fund1 CY2013 Draft Intended Use Plan Rating Applicant Rating Applicant

NEW PROJECTS

CLEAN WATER STATE REVOLVING FUND NEW PROJECTS Calendar Year 2013 CWSRF Draft Intended Use Plan

SRF ID SRF ID Project

Project

2013 Project Cost IUP Cost Project Cost 2013 IUP Cost

137 NEW BEDFORD (EJ) (RE)#

3799 CSO Abatement Program

$178,500,000

$25,000,000

124 FALL RIVER (EJ)

3790 CSO Abatement Program

$24,450,000

122 CHICOPEE (EJ)#

3750 Wastewater, WWTF and Stormwater Improvements

$4,430,000

120 MARION

3792 Wastewater and Stormwater Improvement

$19,310,000

$10,000,000

117 TAUNTON (EJ)

3793 SSES Phases 10-12

$15,000,000

116 SAUGUS (EJ)

3807 SSO Reduction Subsystem 6

$3,246,000

114 LOWELL (EJ)#

3828 Phase IA CSO Control Project

$38,500,000

$15,000,000

111 MWRA

3824 CSO Phase 14

$29,237,000

$16,302,000

110 REVERE (EJ)

3832 Collection System Improvements

$14,850,000

109 CAMBRIDGE (EJ)

3819 Huron B Sewer Separation Project

$35,507,000

$17,000,000

108 WORCESTER (EJ)

3763 Lake Ave Sewer I/I

$1,475,000

107 FRAMINGHAM (EJ)

3810 Pump Station Removal

$16,181,000

104 SHREWSBURY #

3760 Sewer I/I and Pump Station Improvement

$4,350,000

97 WAREHAM (EJ)

3802 Sewer System Extension

$4,400,000

92 FITCHBURG (EJ)

3765 Combined Sewer Separation Area 4D

$17,997,000

91 GLOUCESTER (EJ)#

3830 West Gloucester WW System Improvements

$3,973,000

86 GROTON

3752 CWMP Phase 1 Lost Lake Needs Area

$11,880,000

85 WESTBOROUGH

3774 Sewer Extensions

$26,550,000

$13,000,000

85 CRPCD #

3759 WWF Improvements Phase C

$25,070,000

$12,000,000

84 MALDEN (EJ)

3838 Sewer Improvements

$5,000,000

84 NORWOOD (EJ)

3801 Meadowbrook Area Sewer Rehab

$2,700,000

84 CHATHAM

3795 Collection System Extension and Improvements

$24,240,000

$12,000,000

80 MWRA

3822 Clinton WWTP

$3,300,000

TOTAL OF NEW PROJECTS

TOTAL OF NEW PROJECTS (Count: 23)

(Count: 23)

(Average Rating: 102.91) (Average Rating: 102.91)

$510,146,000 $253,534,000 $510,146,000 $253,534,000

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continued on page 17 OUTLOOK”

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FEBRUARY, 2013

DEP/SRF continued from page 15 MULTI-YEAR CARRYOVER AND STATUTORY PROJECTS

MULTI-YEAR CARRYOVER AND STATUTORY PROJECTS MULTI-YEAR CARRYOVER PROJECTS MULTI-YEAR CARRYOVER AND AND STATUTORY PROJECTS Applicant SRF ID ID Project Project Applicant STATUTORY SRF Applicant SRF Applicant SRF ID ID Project Project MWRA MWRA MWRA MWRA MWRA MWRA MWRA MWRA MWRA

3668 3668 3668 3134 3134 3134 2885 2885 2885

Nut Island Headworks Electrical & Conveyor Improv. Nut Nut Island Island Headworks Headworks Electrical Electrical & & Conveyor Conveyor Improv. Improv. Deer Island Treatment Plant Improvements Deer Deer Island Island Treatment Treatment Plant Plant Improvements Improvements Wastewater Treatment Plant and Sewer Improvements Wastewater Wastewater Treatment Treatment Plant Plant and and Sewer Sewer Improvements Improvements

Project Cost Cost 2013 2013 IUP IUP Cost Project Project 2013 IUP Cost Project Cost $8,700,000 $8,700,000 $81,559,117 $81,559,117 $46,198,383 $46,198,383

$4,700,000 $4,700,000 $1,800,000 $1,800,000 $2,000,000 $2,000,000

MWRA 2870 Electrical Upgrades $73,215,641 $2,000,000 MWRA 2870 $73,215,641 $2,000,000 MWRA 2870 Electrical Electrical Upgrades Upgrades MWRA (RE)# 3543 DITP Electrical and Plant Upgrades $51,436,276 $1,500,000 MWRA 3543 $51,436,276 $1,500,000 MWRA (RE)# (RE)# 3543 DITP DITP Electrical Electrical and and Plant Plant Upgrades Upgrades MWRA (RE)# 3542 DITP Digester and Cryogenics Upgrade $21,780,000 $2,000,000 MWRA 3542 $21,780,000 $2,000,000 MWRA (RE)# (RE)# 3542 DITP DITP Digester Digester and and Cryogenics Cryogenics Upgrade Upgrade TOTAL OF MULTI-YEAR CARRYOVER AND STATUTORY PROJECTS $282,889,417 $14,000,000 TABLE 1 TOTAL OF MULTI-YEAR CARRYOVER AND STATUTORY PROJECTS $282,889,417 $14,000,000 TOTAL OF MULTI-YEAR CARRYOVER AND STATUTORY PROJECTS $282,889,417 $14,000,000 TOTAL OF MULTI-YEAR CARRYOVER AND STATUTORY PROJECTS CLEAN WATER STATE REVOLVING FUND (Count: 6) (Count: 6) Calendar Year 2013 CWSRF Draft Intended Use Plan (Count: (Count: 6) 6) MassDEP PRIORITY PROJECTS NEW PROJECTS MassDEP MassDEP PRIORITY PRIORITY PROJECTS Applicant PROJECTS SRF ID Project Project Cost 2013 IUP Cost Rating Applicant SRF ID Project Project Cost 2013 IUP Cost Applicant SRF Project 2013 IUP IUPCost Cost Applicant SRF ID ID Project Project CostCost 2013 Applicant SRF ID Project Project 137 NEWSRF BEDFORD (EJ) (RE)# 3799 CSO Abatement Program $178,500,000 $2,000,000 $25,000,000 EMERGENCY SET-A-SIDE 2977 $2,000,000 EMERGENCY SRF SET-A-SIDE 2977 $2,000,000 $2,000,000 EMERGENCY SET-A-SIDE 2977 124 FALLSRF RIVER (EJ) 3790 CSO Abatement Program $24,450,000 $24,450,000 TOTAL OF MassDEP PRIORITY PROJECTS $2,000,000 $2,000,000 TOTAL122 OF CHICOPEE MassDEP (EJ)# PRIORITY PROJECTS $2,000,000 $2,000,000 3750 Wastewater, WWTF and Stormwater Improvements $4,430,000 $4,430,000 TOTAL $2,000,000 $2,000,000 TOTAL OF OF MassDEP MassDEP PRIORITY PRIORITY PROJECTS PROJECTS (Count: 1) (Count: 1) 120 MARION 3792 Wastewater and Stormwater Improvement $19,310,000 $10,000,000 (Count: (Count: 1) 1) 117 TAUNTON (EJ) 3793 SSES Phases 10-12 $15,000,000 $15,000,000 PLANNING PROJECTS

MassDEP PRIORITY PROJECTS

PLANNING PROJECTS

PLANNING PROJECTS SRF ID Project Project Cost $3,246,000 2013 IUP Cost PLANNINGApplicant PROJECTS 116 SAUGUS (EJ) 3807 SSO Reduction Subsystem 6 $3,246,000 Applicant SRF Project Applicant SRF Project Project 2013IUP IUPCost Cost Applicant SRF ID ID ID Project Project Project CostCost 2013 ABINGTON 3797 CWMP $725,000 $725,000 114 LOWELL (EJ)# 3828 Phase IA CSO Control Project $38,500,000 $15,000,000 ABINGTON 3797 $725,000 $725,000 ABINGTON 3797 CWMP BROCKTON 3806 CWMP Stormwater Management $200,000 $200,000 111 MWRA 3824 CSO Phase 14 Plan $29,237,000 $16,302,000 BROCKTON 3806 Stormwater Management Plan $200,000 $200,000 BROCKTON 3806 Stormwater Management Plan CHICOPEE 3751 IMSWRMP $1,000,000 110 REVERE (EJ) 3832 Collection System Improvements $14,850,000 $1,000,000 $14,850,000 CHICOPEE 3751 IMSWRMP $1,000,000 $1,000,000 CHICOPEE 3751 IMSWRMP EASTHAMPTON 3749 IWRMP $1,100,000 $1,100,000 109 CAMBRIDGE (EJ) 3819 Huron B Sewer Separation Project $35,507,000 $17,000,000 EASTHAMPTON 3749 $1,100,000 $1,100,000 EASTHAMPTON 3749 IWRMP GLOUCESTER 3820 IWRMP WW & SW System Inventory $1,000,000 108 WORCESTER (EJ) 3763 Lake Ave Sewer I/I $1,475,000 $1,000,000 $1,475,000 GLOUCESTER 3820 WW & SW System Inventory $1,000,000 $1,000,000 GLOUCESTER 3820 WW & SW System Inventory LAWRENCE 3809 CMOM SSES $1,920,000 107 FRAMINGHAM (EJ) 3810and Pump Station Removal $16,181,000 $1,920,000 $16,181,000 LAWRENCE 3809 CMOM and SSES $1,920,000 $1,920,000 LAWRENCE 3809 CMOM and SSES MALDEN 3839 Stormwater Management Plan $500,000 $500,000 104 SHREWSBURY # 3760 Sewer I/I and Pump Station Improvement $4,350,000 $4,350,000 MALDEN 3839 Stormwater $500,000 $500,000 MALDEN 3839 Stormwater Management Management Plan Plan Implementation MELROSE 3821 Stormwater Management Plan $473,000 $473,000 97 WAREHAM (EJ) 3802 Sewer System Extension $4,400,000 $4,400,000 MELROSE 3821 Management Plan Implementation $473,000 $473,000 MELROSE 3821 Stormwater Management Planplan Implementation NEW BEDFORD 3798 Stormwater Phase and Stormwater $2,000,000 92 FITCHBURG (EJ) 3765II WW Combined Sewer Separation Area 4D $17,997,000 $2,000,000 $17,997,000 NEW BEDFORD 3798 and $2,000,000 $2,000,000 NEW BEDFORD 3798 Phase IIII WW WW and Stormwater Stormwater plan plan NORWOOD 3800 Phase Stormwater Planning $500,000 $500,000 91 GLOUCESTER (EJ)# 3830 West Gloucester WW System Improvements $3,973,000 $3,973,000 NORWOOD 3800 Stormwater Planning $500,000 $500,000 NORWOOD 3800 Stormwater Planning PLAINVILLE 3796 I/I Program $225,000 $225,000 86 GROTON 3752 CWMP Phase 1 Lost Lake Needs Area $11,880,000 $11,880,000 PLAINVILLE 3796 I/I Program $225,000 $225,000 PLAINVILLE 3796 I/I Program REVERE 3831 Field Investigation and Illicit Connection Detecti $1,500,000 $1,500,000 85 WESTBOROUGH 3774 Sewer Extensions $26,550,000 $13,000,000 REVERE 3831 Investigation and Detecti $1,500,000 $1,500,000 REVERE 3831 Field Investigation and Illicit Illicit Connection Connection REVERE 3817 Field CMOM Program $300,000 $300,000 85 CRPCD # 3759 WWF Improvements Phase C Detecti $25,070,000 $12,000,000 REVERE 3817 CMOM Program $300,000 $300,000 REVERE 3817 CMOM Program RUTLAND 3753 CWMP $350,000 $350,000 84 MALDEN (EJ) 3838 Sewer Improvements $5,000,000 $5,000,000 RUTLAND 3753 CWMP $350,000 $350,000 RUTLAND 3753 CWMP WORCESTER 3762 Lake Ave SSES $1,022,000 $1,022,000 84 NORWOOD (EJ) 3801 Meadowbrook Area Sewer Rehab $2,700,000 $2,700,000 WORCESTER 3762 Lake Ave SSES $1,022,000 $1,022,000 WORCESTER 3762 Lake Ave SSES 84 CHATHAM 3795 Collection System Extension and Improvements $24,240,000 $12,000,000 TOTAL OF PLANNING PROJECTS TOTAL 80 OF MWRA PLANNING PROJECTS TOTAL PLANNING PROJECTS TOTAL OF(Count: PLANNING PROJECTS (Count: OF 15) 15) TOTAL OF NEW PROJECTS (Count: (Count: 15) 15) TOTAL OF DRAFT INTENDED USE (Count: 23)

PLAN

3822 Clinton WWTP

(Average Rating: 102.91)

TOTAL OF DRAFT INTENDED USE PLAN

$12,815,000 $12,815,000 $12,815,000 $3,300,000$12,815,000 $3,300,000

$12,815,000 $12,815,000 $510,146,000 $253,534,000

$807,850,417 $282,349,000 $807,850,417

(EJ) - Environmental Justice Communities TOTAL DRAFT $807,850,417 TOTAL OF DRAFT INTENDED INTENDED USE USE PLAN PLAN (RE) - Potential Renewable EnergyOF Projects # - Projects contains Energy Efficiency, Renewable Energy, and/or meets EPA's definition of a Green Project (http://water.epa.gov/aboutow/eparecovery/index.cfm)

$282,349,000

continued on page 19

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DEP/SRF continued from page 17

$102.9 MILLION PROPOSED FOR DRINKING WATER SRF IN 2013

he CY2013 Draft Intended Use Plan (IUP) for the Drinking Water State Revolving Fund (DWSRF) loan program details the projects, borrowers and amounts that will be financed through the DWSRF program. The DWSRF is a joint federal-state financing program that provides subsidized interest loans to water suppliers for their system infrastructure. As noted in Table 1,

Massachusetts is offering approximately $102.9 million to finance drinking water projects across the Commonwealth. Approximately $84.5 million will fund 16 new projects, and an additional $16.4 million will be allocated towards funding 9 previously approved multi-year projects and a $2 million emergency set-aside account. The number of new projects could increase.

Table 1 Drinking Water State RevolvingTABLE Fund 1 CY2013 Draft Intended Use Plan Rating Applicant Applicant Rating

NEW PROJECTS

DRINKING WATER STATE REVOLVING Calendar Year 2013 DWSRF Draft Intended Use Plan NEW PROJECTS

SRFIDID Project SRF

Project

2013 Project Project Cost Cost IUP 2013 IUPCost Cost

92.0

BELLINGHAM

3771 New Water Treatment Plants

$15,350,000

73.0

LAWRENCE (EJ)#

3814 Water Main Replacement

$21,895,000

$10,000,000

70.0

TRI-TOWN WATER BOARD (EJ)#

3783 New Replacement Regional Water Treatment

$45,000,000

$1,000,000

$375,000

69.0 * CHESTER

3766 Water Treatment Plant Improvements

62.0

RANDOLPH (EJ)

3777 Water System Improvements

$5,545,000

60.0

FALL RIVER (EJ)

3787 Water Main Improvements Phase 13

$1,075,000

59.0 * COHASSET (RE)#

3776 install solar tank mixers, new roof and pv panels

$1,400,000

55.0

MEDWAY

3768 Water Main Replacement

$2,000,000

52.0

NORTON (RE)#

3786 Water Treatment Plant

$6,700,000

51.0

MALDEN (EJ)#

3837 Water Distribution Systems Improvements

$9,315,000

51.0

SCITUATE WATER DIVISION (RE)#

3785 Pump Station Improvements and Greesand Filter Plan

$3,590,000

51.0

LOWELL (EJ)#

3769 Redundant Transmission Main

$7,957,000

51.0

BARNSTABLE (EJ)

3780 Hyannis Water System Improvements

$3,170,000

50.0

WEBSTER (EJ)

3761 Water Main

$2,140,000

50.0

SPRINGFIELD WSC (EJ)

3756 South Water Transmission Main Replacement

$28,200,000

$14,000,000

$935,000

44.0 * TURNERS FALLS

3755 Hannegan Brook Well Pump Station

TOTAL OF NEW PROJECTS

TOTAL OF NEW PROJECTS (Count: 16)

(Average Rating: 58.75) (Average Rating: 58.75)

(Count: 16)

$154,647,000

$84,552,000

$154,647,000 $84,552,000

* - Small System

MassDEP PRIORITY PROJECTS (EJ) - Environmental Justice Communities (RE) - Potential Renewable Energy Projects Applicant SRFIDID Project Applicant Project Project CostCost 2013 2013 IUP IUPCost Cost # - Projects contains Energy Efficiency,SRF Renewable Energy, and/or meets EPA's definition of a Green Project (http://water.epa.gov/aboutow/eparecovery/index.cfm)

MassDEP PRIORITY PROJECTS

EMERGENCY SRF SET-A-SIDE

2978

OF PRIORITY MassDEPPROJECTS PRIORITY TOTAL OF TOTAL MassDEP (Count: 1)

PROJECTS

$2,000,000

(Count: 1)

$2,000,000 $2,000,000

continued on page 21

MULTI-YEAR CARRYOVER AND STATUTORY PROJECTS Applicant

SRF ID Project

CHERRY VALLEY & ROCHDALE FEBRUARY, 2013 WATER DISTRICT (EJ)#

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3691 Modification to Water Treatment Plant

$2,000,000

Project Cost $1,882,300

2013 IUP Cost $1,882,300

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DRINKING WATER STATE REVOLVING Calendar Year 2013 DWSRF Draft Intended Use Plan 2978

EMERGENCY SRF SET-A-SIDE

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NEW PROJECTS

TOTAL OF MassDEP PRIORITY PROJECTS Rating Applicant (Count: 1)

Project Cost $2,000,000 2013 IUP Cost$2,000,000

SRF ID Project

DEP/SRF continued from page 19 92.0 BELLINGHAM 3771

New Water Treatment Plants

$15,350,000

MULTI-YEAR CARRYOVER AND STATUTORY PROJECTS

73.0

LAWRENCE (EJ)#

3814 Water Main Replacement

70.0

TRI-TOWN WATER BOARD (EJ)#

$10,000,000

$45,000,000

$1,000,000

$375,000

3777 Water System Improvements

$5,545,000

69.0 * CHESTER

60.0

3787 Water Main Improvements Phase 13

$1,075,000

3783 New Replacement Regional Water Treatment

SRF ID ID Project Project SRF

CHERRY VALLEY & ROCHDALE 62.0 RANDOLPH (EJ) WATER DISTRICT (EJ)# FALL RIVER (EJ)

Project CostCost 2013 2013IUP IUPCost Cost Project

3766 Water Treatment Plant Improvements

3691 Modification to Water Treatment Plant

$1,882,300

59.0 * COHASSET (RE)# LAWRENCE (EJ)(RE)#

install solar tank mixers, new roof and pv panels 37193776 Water Infrastructure Improvement

$1,400,000 $8,522,025$1,400,000$4,522,025

55.0 MEDWAY MWRA

Water Main Replacement 31603768 NHS - Revere & Malden Pipeline

$2,000,000

52.0

NORTON (RE)#

51.0

MALDEN (EJ)#

51.0

$10,457,816$2,000,000$1,000,000

3786 Water Treatment Plant

$6,700,000

3837 Water Distribution Systems Improvements

$9,315,000

$3,590,000

51.0

SCITUATE WATER DIVISION 3785 Pump Station Improvements and Greesand Filter Plan (RE)# 3048 Lower Hultman Aqueduct Rehabilitation LOWELL (EJ)# 3769 Redundant Transmission Main

$7,957,000

51.0

BARNSTABLE (EJ)

3780 Hyannis Water System Improvements

$3,170,000

50.0

WEBSTER (EJ)

3761 Water Main

$2,140,000

MWRA MWRA MWRA MWRA MWRA

MWRA 50.0# SPRINGFIELD WSC (EJ)

3050 Northern Low Service Area Rehabilitation 3049 New Connecting Mains

1680 Southern Spine Distribution Mains 1679 Blue Hills Covered Storage

37273756 LowSouth Service Storage Water Transmission Main Replacement

TOTAL OFTOTAL MULTI-YEAR CARRYOVER AND STATUTORY PROJECTS 44.0 OF * TURNERS FALLS CARRYOVER 3755 Brook Well Pump Station MULTI-YEAR ANDHannegan STATUTORY PROJECTS (Count: 9)

$15,350,000

$21,895,000

MULTI-YEAR CARRYOVER AND STATUTORY PROJECTS Applicant Applicant

$2,000,000

$18,346,655

$1,000,000

$47,880,847

$1,500,000

$53,112,388

$1,500,000

$65,685,888

$1,000,000

$40,687,106

$1,500,000

$67,851,000 $28,200,000 $14,000,000$2,500,000 $314,426,025 $935,000 $16,404,325 $935,000 $314,426,025 $16,404,325

TOTAL OF9) NEW PROJECTS (Count:

$154,647,000

(Count: 16)

TOTAL OF DRAFT INTENDED USE PLAN

(Average Rating: 58.75)

$84,552,000

$471,073,025 $102,956,325

* - Small System

(EJ) - Environmental Justice Communities (RE) - Potential Renewable Energy Projects # - Projects contains Energy Efficiency, Renewable Energy, and/or meets EPA's definition of a Green Project (http://water.epa.gov/aboutow/eparecovery/index.cfm) TOTAL OF DRAFT INTENDED USE PLAN

$471,073,025

$102,956,325

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FEBRUARY, 2013

Barnstable County Charts Path for Wastewater Management in Hopes of Speeding Up Projects Andrew Gottlieb, Executive Director Cape Cod Water Protection Collaborative

In the spring of 2012 the Barnstable County Commissioners directed the Executive Directors of the Cape Cod Water Protection Collaborative and the Cape Cod Commission to assess their respective roles in wastewater management. Specifically the questions to be evaluated were if a less reactive County and Commission role in wastewater management would result in a more timely clean up and protection of Cape waterways, minimize the infrastructure built to improve water quality and both minimize the overall cost of wastewater management and lower the impact on individual rate payers.

arnstable County has a ten-year track record of supporting local efforts to address wastewater. The County has provided support in the form of technical expertise and funding. In response to the growing challenges faced by Cape Cod communities, the County has taken on a more proactive role. The analysis has revealed that towns are challenged by many fundamental factors that are independent of local will or commitment to addressing the issue. The following challenges and impediments that stand in the way of community action are: 1. Towns lack the resources to finance effective solutions and, individually, cannot raise sufficient funds from state and federal sources to make a meaningful contribution to the affordability of any substantial project. 2. Inter-municipal cooperation: Although twothirds of Cape watersheds are shared between two or more towns, towns have great difficulty developing inter-municipal agreements without assistance. The technical issues around cost sharing and apportionment, operational standards and burden sharing create barriers to cooperation that are often insurmountable. Towns acting alone tend to propose more infrastructure than would be required if they acted as part of a

FEBRUARY, 2013

coordinated watershed based approach. Overbuilding wastewater infrastructure will not only increase costs for Cape residents, it could also induce unplanned and uncoordinated growth and development. 3. Resource constraints: By and large, towns do not have staff with a deep and specific knowledge of wastewater management planning and infrastructure development. As a result, towns are forced to hire costly wastewater engineering firms to address the highly technical issues that arise in identifying options and implementing wastewater management solutions. The plans that result from this process do not put the town in the best possible position to minimize the cost and scope of a management strategy. In addition, firms are hired to represent a single municipality, and therefore they typically do not advance solutions that address an entire shared watershed. 4. Regulatory restraints: The current regulatory environment drives towns to plan on a town-bytown basis. The application of the federally driven regulatory requirements and associated enforceability requirements pushes towns toward costly overbuilt solutions. continued on page 25

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Barnstable County continued from page 23 Based on the above assessWater Works Specialists ment, the general direction of the final recommendations is as folWater - Sewer - Drain Supplies lows: at a Competitive Price “Our Products Are Some 1. There is no basis to recomof the Most Trusted mend an MWRA style single Waterworks Supplies Names in the Industry” treatment plant approach for Sanitary Sewer Supplies the Cape. Such a system, al24 Hour Storm Sewer Supplies though significantly less exSales & Service Safety Equipment & Tools pensive than a Town by Town Serving Mechanical Piping approach, would overbuild all of Tapping Sleeves & Gate Installed/Cut infrastructure beyond any reaNew England Line Stops sonable estimate of what might Cutting Chilled Water Lines & Steam Lines be needed. It would cause Pressure Testing & Disinfection of New Mains widespread social and ecoInstallation & Testing of Back Flow Preventors nomic harm to the region and would be a land use disaster. Large Diameter Hydraulic Pipe Cutting No proposal to support such a Hydrant Installation & Repair system has ever been consistent with the County approach 672 Union Street to wastewater. Such a system Rockland, MA 02370 has never had the support of Tel: 781-878-8098 Fax: 781-878-5298 the Commissioners or the staff www.hoadleyandsons.com at any level. 2. The logical planning and management scale for the most support to local efforts will relieve town budgets economical and logical solutions would be at of financial burdens and enhance their ability the watershed level. The circumstances unique to participate in the development of appropriate to each watershed must be taken into account scale solutions. A coordinated, countywide plan in devising the most economical, environmenbased on a watershed based stakeholder public tally effective and appropriately scaled solutions process can be presented to federal and state to the problems in each embayment. While an agencies to support funding for the entire region. overall County policy approach is appropriate, the right level of specific planning and implemen4. The plan will recommend a Cape-wide strattation should be done not at the regional or even egy facilitating inter-municipal cooperation and the town level, but at the watershed level. While agreements where they produce cost-effective implementation of solutions. many anticipated the recommended solution to be management at the regional level, the analy5. The plan will advocate for the creation of Capesis concluded that going local beyond the town wide regulatory reform and innovation enabling level is actually in the Cape’s collective best interthe Cape to devise and implement solutions over ests. Within each watershed it is envisioned that a time period that meets our needs. Additional multi-stakeholder based planning efforts that the support of non-governmental organizations in County could help facilitate to be the best vehicle monitoring the effectiveness of implemented to tailor adaptive management-based solutions strategies is necessary to ensure that resources to the needs of each embayment. are being used efficiently. In addition, the County should continue its role in monitoring and evalu3. The region wide plan will provide technical asating innovative technologies and use this inforsistance and guidance to enhance the local planmation to dialogue with DEP and EPA to gain ning process. County-based resources can supregulatory acceptance. port local planning efforts at the watershed level 6. The County needs to advocate on behalf of a by breaking the cycle of dependency on outside Cape-wide contribution from the state and fedparties and by bringing common understanding eral governments of half the overall capital cost of the needs of watersheds to the discussion. continued on page 27 The expansion of existing practice of County

FEBRUARY, 2013

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Barnstable County continued from page 25 of all management solutions. The taxpayers of the region are simply unable to bear more than half the cost of the combination of solutions to this problem. The region is a net contributor of funding to the Commonwealth and is the home of waters and natural resources of national significance. The region has a case to make for state and federal resources, but this can only be effectively pursued on a Cape-wide level, Towns lack the ability to advocate individually for the scale of resources required to provide the required relief to our taxpayers.

The framework these recommendations provide form the basis of an appropriate role for the County and the Cape Cod Commission that builds upon, but does not supplant, the important and ongoing local initiatives. The County Commissioners will seek ongoing public input prior to finalizing the recommendation by the spring. Updates on the process may be found at www.capekeepers.com n

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UCANE Presents OSHA’s 10-Hour Safety Training Course Conducted by

n January 29th & 30th Travelers hosted, and successfully trained, over 15 UCANE members at their offices in Braintree, MA. On the first day, instructors Mark Nowakowski and Stephen Voorhis covered an introduction to OSHA; fall protection; health hazards in construction; and electrical. The second day they presented 7 courses: struck by/caught between hazards; personal protective equipment; hand and power tools; trenching and excavation; scaffolds; confined space; and stairways and ladders. Each attendee will receive a certificate of completion from UCANE, and OSHA provides each individual with an official OSHA 10-hour training card. We recommend that attendees carry this card with them

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FEBRUARY, 2013

Senator Murray Files $3.35 Million Funding Request for Cape-Wide Wastewater Planning By Michael C. Bailey

It is tradition for the leaders of the State House and Senate to lay out in their inaugural speeches their legislative and policy priorities for the coming session.

a speech delivered to the Senate on January 2, Senate President Therese M. Murray (D-Plymouth) put water quality issues high on her to-do list, and then took action by filing a $3.35 million funding request to support wastewater management on Cape Cod. "We'd been talking to [the Massachusetts Department of Environmental Protection] about the necessity of it," Sen. Murray said in a phone interview, "and they have given these grants in other parts of the state. The money from the Massachusetts Water Pollution Abatement Trust, a state revolving fund, was approved on Wednesday and will go directly to the Cape Cod Commission to implement a regional water quality management plan. Under Section 208 of the Clean Water Act, areas with "substantial water quality problems" are required to designate a regional entity to update that area's wastewater management plan, and the Massachusetts Executive Office of Energy and Environmental Affairs has recommended the Cape Cod Commission to fill that role. Governor Deval L. Patrick must approve that recommendation as a formality, and Sen. Murray said she expects the governor to issue that approval. Sen. Murray predicted the trust's approval, stating the three-member board would be "very open to it." She noted that State Treasurer Steve Grossman, who sits on the board, has a second home on Cape Cod and understands firsthand "the importance to the economy" of clean water resources. "If you can't swim in the ponds and the lakes on the Cape, or if you can't go into the ocean because of algae blooms, and you're not getting clean drink-

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ing water because the estuaries are all clogged, and you're not able to fish, who's going to come to the Cape?" she said. In an instance of happy coincidence, the Barnstable County Board of County Commissioners last week approved the creation of a Special Revenue Fund to accept and disburse monies associated with the implementation of a regional plan. Andrew Gottlieb and Paul J. Niedzwiecki, respectively the executive directors of the Cape Cod Water Protection Collaborative and the Cape Cod Commission, were last year charged by the commissioners to study wastewater management options for the region, and earlier this month submitted their plan to the county. The overall goal of the wastewater management plan was to outline ways to make the most of the Cape's resources and policies in a manner that minimized infrastructure (i.e., sewer systems) and the cost to taxpayers, while still addressing in a timely manner the need to clean up the Cape's water resources. Sen. Murray said this plan would need to be reviewed and approved by the DEP, but she said the plan's regional approach and emphasis on solutions by watershed rather than by individual community is exactly what the DEP wants to see in a plan. "The DEP is onboard," she said. "They've been right on top of this. They understand the importance of this." She added that the Cape Cod Commission "has already done a good job" in preparing the plan, and she credited Mr. Niedzwiecki and Mr. Gottlieb for their work. A release issued Wednesday by the Cape Cod Commission stated that $3 million of the funding continued on page 33

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Funding Request continued from page 31

The Water Infrastructure Finance Commission, formed in 2010, found that Massachusetts was facing "a collective gap of approximately $10.2 billion over the next 20 years in funding for drinking water and a gap of $11.2 billion over the next 20 years in funding for wastewater," Sen. Murray said in her inaugural speech to the State Senate. Addressing those funding gaps will be one of several issues addressed in a forthcoming "comprehensive proposal" being developed by the office of State Senator James B. Eldredge (D-Acton), which should be ready sometime this year, Sen. Murray said.

would go toward plan development, and the rest would go toward the development of the commission's web-based "Watershed MVP" wastewater management planning tool, which is expected to launch later this year. The plan paints the county's role in water quality management as an advisory and advocacy entity that enhances, but does not supplant, town-level efforts. The Cape Cod Commission would provide technical assistance to towns working to strengthen local water quality management plans and help leverage state Reprinted with permission from The Falmouth and federal funding for local and intermunicipal planEnterprise. n ning and projects. The current estimated price tag to thoroughly address water quality issues on the Cape is apTHE DRISCOLL DIFFERENCE: proximately $8 billion, and the recommendation is for the county to pursue state and federal funding to cover at least half that cost. Sen. Murray said an added bonus of these recent advancements is that they send a message to the Conservation Law Foundation and the Coalition for Buzzards Bay— which are suing the US Environmental Protection Agency and Cape Cod because they allegedly failed to meet their obligations under the federal Clean Water Act to control nitrogen fter serving major contractors for more loading in coastal embayments— “The entire surety bonding team at than 50 years, the Driscoll Agency truly Driscoll has the experience, expertise understands the unique risks, insurance requirethat the Cape is "not trying to stumand industry contacts to give us the best ments and surety demands of the construction possible representation and service. ble along here. We want to move forindustry. In an industry as specialized as ours, ward. We are taking it seriously and we wouldn’t consider letting any other Managing risk can be very difficult. Which is why agency handle this important need of it’s critical to obtain adequate and proper insurance we know it has to be done,and this is coverages. Our underwriting specialists will work our company.” – Satisfied Client with your best interests in mind when proposing one of the first steps." solutions to your insurance needs. Sen. Murray said Cape Cod To discover the Driscoll difference, contact When it’s time to navigate through the comTim Lyons, Bond Department Manager at plexities of surety bonding, you can rely on our is far from the only area dealing 781-421-2560 or tlyons@driscollagency.com. expertise and connections to get you aggreswith water quality issues, although sive representation and unbeatable access to industry decision-makers. other parts of the state are facing problems due to outdated and under-maintained drinking water and wastewater infrastructures. "We have huge infrastructure needs," she said, explaining that maintenance projects have received less attention over the years than new projects. "Some of the sewer systems are 100 years old. Some of the water systems are equally as old...we build all these things, but we don't put a dime, not a dime into a fund to maintain The Driscoll Agency, Inc. • 93 Longwater Circle, Norwell, MA 02061 • Phone (781) 681-6656 • Fax (781) 681-6686 • www.driscollagency.com them, so they deteriorate."

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UCANE half 1.12 color.indd 1 “BUY FROM THE ADVERTISERS IN CONSTRUCTION OUTLOOK”

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ASSOCIATE MEMBER OF THE MONTH

(L-R) Eddie Lopez, Nancy Shea-DeRose, Dave DeRose, Tony DiRocco, Katelyn Lopez, Mary DiRocco, Kathleen Shea, Greg Stratis, Brenda Stratis, Judi Shea, Ed Shea.

Shea Concrete Products can trace its beginnings back to 1949 when Ernie Shea founded the concrete block wholesale company in the backyard of his home in Wilmington, MA. This business continued for the next twenty years until a customer suggested that he start to look at another business opportunity just beginning to take-hold, that of precast concrete products for underground water and sewer utilities, specifically precast septic tanks. Precast concrete was new to the industry but Ernie saw it’s potential and purchased his first form, a 750-gallon septic tank. At that time casting was nothing like it is today. The family’s backyard was the plant, and without any of the modern machinery. Employees hand-batched concrete with a mixer and shovels and once the concrete was batched they would run wheelbarrows up wooden planks and dump the concrete into the form. The company poured outdoors for more than twenty years before their first plant was built.

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oday, Ernie’s son Ed and his wife Judi own Shea Concrete Products. When Ed took over the business he had a new approach. Ed stated, “My father did very well, but we just did things differently.” Ed is described as a people person and he has used this combined with his keen business sense to establish the Shea Concrete brand. Ed has expanded Shea Concrete through acquisitions that have brought in new product lines, customers, equipment and locations. In 2001 he put everything he owned up as collateral for his largest acquisition and then the 9/11 terrorist attack happened. Ed said that he was thinking, “What am I going to do? We’re going to be at

war and no one’s going to want to buy a septic tank.” Ed’s vision of where the company needed to be to compete in the precast industry evolved into a modern company with four strategically located facilities around the New England region. According to Ed, “We started with one pick-up truck and six employees and we now have a fleet of 24 delivery trucks and nearly 100 employees. All this allows us to quickly serve the diverse needs of our customers for quality products at a fair price.” Today, Shea is headquartered in Wilmington, MA, with concrete mixing plants in Amesbury, and Rochester, MA and Nottingham, NH. continued on page 36

Three sided 6’ x 19’ bridge set on precast footings, Raynham, MA.

Metals Recycling - 10’ x 38’ Stormwater Detention Structure, Johnston, RI.

Water meter vault - 12’ x 12’ Amesbury Water Department Project, Amesbury, MA.

Box Culvert - 6’ x 6’ sloped down hill at the MassDOT Project, Haverhill, MA.

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Shea Concrete Products continued from page 35

SECOND, THIRD AND FOURTH GENERATION AND COUNTING

n the 1960’s a high school kid named Bob Flores showed up at Shea’s house looking for summer work. Ernie hired him and stated he “wouldn’t last a week”. Well, he did last and at the end of the summer asked to come back the following summer. Bob has now been with the company for 45 years and has been a key player for Ed. At the helm over the years were Ernie and Ed, with Bob by their sides. Shea Concrete has always considered their employees their secret weapons. Ed proudly stated that twelve employees have been with the company for twenty-five years or more, and then pointed out that five have more than thirty years. As unusual as these employees longevity, the company’s employment uniqueness also extends to Ed’s immediate family. From the time they were old enough to contribute to the business, Ed’s four daughters, Brenda, Kathy, Mary and Nancy have worked for the company. Today Brenda heads up the Human Resources Department, Kathy the Accounts Receivable, Mary the Accounts Payable and Nancy provides support wherever it’s needed.

To say that Ed is proud of his daughters is not the whole story. “I’m lucky to have my daughters work with me everyday, but I’m also lucky to have three great sons-in-law who all hold important positions within the company.” Brenda’s husband, Plant Manager Greg Stratis, has been with the company for twenty years and is responsible for three production plants. In 2011 he was named to the Board of Directors of the National Precast Concrete Association (NPCA). Mary’s husband, Tony DiRocco has been with the company for seventeen years and is the Head Mechanic and is responsible for all production machinery and the company fleet. Nancy’s husband, Dave DeRose has been with the company for sixteen years and is the Production Manager for the Amesbury facility. Ed and Judi have ten grandchildren and the three oldest are working for the company, Eddie Lopez, AJ DiRocco and Katelyn Lopez. Other key staff include George Deranian, the Wilmington, MA Production Manager; Greg Bates the Rochester, MA Operations Manager; Jamey Robichaud Manager of Estimating and Engineering.

Featured Projects Large Manhole Installation - Eagle Lane, Methuen, MA

This project consisted of installing two 96” ID Manholes to replace an existing drainage line. The outfall pipe was increased from 24” to 42” diameter to accommodate a residential development and alleviate an ongoing flooding problem. The contractor was under time restraints due to heavy traffic patterns and local companies being open for business in the area. Shea Concrete was able to manufacture and deliver the large manholes in a timely manner, and the contractor set the manholes quickly in already prepared excavations. The contractor was able to install the manholes efficiently - reducing the interruption to area businesses. Shea Concrete Products was chosen because they were able to deliver in the time frame needed and deliver a quality product, making the contractor’s job more productive.

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STRATEGIC PARTNERSHIPS

n 2011, Shea Concrete entered into a partnership with Easi-Set Industries to become a manufacturer, supplier and applicator for their J-J Hooks Concrete Barrier System. According to Greg, “Customers deploying the new barrier system can expect a superior product which allows for faster installation and removal intervals, less required road space to work; improved worker safety; and is in compliance with Federal Test Protocal NCHRP-350.” Also in 2011, Shea re-launched its Frost Post product line to support its many residential contractors who were looking for an easier method of setting, stabilizing and leveling foundation footings. “This product was made available in direct response to our customers needs for installing posts for decks, mailboxes, gates and signs,” said Greg. “During the development of this product, we took into consideration various suggestions which provided significant advantages to contractors over the traditional method of pouring concrete.” Shea Concrete also has a strategic relationship with ReCon Wall Systems to manufacture and sell their product to residential and commercial contractors. Their

product was recently selected by Murray Hills Inc. for a new condominium complex in Burlington, MA. The main issue for this project was developing as much usable land for the project as possible. According to a Murray Hills representative, “Being able to design the wall without geogrids was very helpful as it eliminated a significant excavation and fill replacement effort. Appearance, cost and engineering were all considerations for selecting The ReCon Wall System.” Ed has spent a considerable amount of time teaching Greg the business and just as his father-in-law before him. Greg is not afraid to take chances to grow the business. Greg stated, “I think any operation with one, two or three product lines is going to struggle in this type of economy. Our product line is vast, but the reason we do that is because a lot of our customers love the idea that they can call up and just get everything from us.” Shea Concrete has always been successful through word of mouth. Today Greg has made sure there is an active sales force out seeking projects to bid as well as a strong web presence. Part of the success of Shea Concrete had been its ability to take risks and keep up with the times.

UCANE is proud to count Shea Concrete Products as a longtime and respected member of our Association and wishes the Shea family continued growth and success. n Retaining Wall Installation FM Global Corporate Headquarters, Johnston, RI

This project consisted of installing six ReCon/Shea Retaining Wall Systems, totaling over 25,000sf. The architect was looking for a design that was hard to meet using most wall systems. But ReCon and the support team were able to meet the challenge. Additionally, the architect thought the look of the large block texture offered by Shea Concrete Products matched well with the New England landscape. One of the challenges was the capability of building tall walls without the use of geo-grid. Due to site conditions, buildings and underground utilities would interfere with the reinforcing grids. Shea Concrete was able to provide a wall system in heights exceeding 14 feet without the use of geo-grid. They were also able to deliver the material in a quick enough time frame to meet the contractors demand. At one point the contractor was installing almost 1000sf a day. continued on page 38

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Shea Concrete Products continued from page 37

Gloucester Crossing 200,000sf Grocery Anchored Development, Gloucester, MA

This project consisted of 4 Underground Detention Area Precast Concrete Galley Chambers. The largest Detention Area (Storage Area #3A) used 1,100 Galleys for a total storage of 90,000 cubic feet. System #3A is rectangular in shape, and is 25 chambers wide by 44 chambers long. Each chamber is 4’ long x 4’ wide x 51” high (50 cf chamber) with an installed storage capacity of 70 cubic feet with 6” stone below. Stone above the chamber is not required to maintain strength and stability. Because of site conditions this project required more stone below the chambers giving an average storage of 82 cubic feet per chamber. The project was initially designed with a 48” diameter HDPE (a competing product), an expensive manifold design, and a larger footprint with more cover than required by Precast Concrete Chambers to maintain H-20 Loading. The contractor chose to use Precast Concrete Galleys in order to reduce the cost as well as complete the project much quicker. The Precast Concrete Galley system had an overall footprint 15% smaller than the original design - saving stone, excavation and backfill as well as time while still meeting the designed storage capacity the Engineer required.

Pump Chamber & Septic Tank Installation Lakewood Heights Development, Merrimac, MA

Our pump chamber and septic tank project consisted of installing a Pump Chamber 96” ID x 11VF and two 2500 Gallon Monolithic Commercial Line Tanks used for overflow in case of emergencies. Due to the water table and weather conditions the contractor was under time restraints. Shea Concrete was able to manufacture and deliver the customized pump chamber with holding tanks in a timely manner. They were able to set the products in the contractor's already prepared excavation, which allowed the contractor to quickly backfill after delivery. The contractor was able to finish the pump chamber promptly and reduced the cost of maintaining excavation during high water table and severe weather conditions.

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Reduction of Lead in Drinking Water Act Louis Schoolcraft Ti-SALES, Inc.

n January 4, 2014 an amendment to the Safe Water Drinking Act goes into effect, which prohibits the use of “leaded” products in a drinking water system. Basically, if the surface of the products become wet with drinking water it cannot contain any lead. Titled the “Reduction of Lead in Drinking Water Act”, this new law creates the standard NSF 372 which reduces the allowable weighted average content of products used in a drinking water system from eight percent to 0.25 percent or less. Vermont enacted a similar no lead law in 2010, and many local municipalities have already adopted the policy as well. Any product containing lead (i.e. brass) over 0.25 percent that you may have on the shelves or in your garage, will in effect, become worthless in the waterworks industry other than scrap value. You will not be allowed to install

it on a project even if it is in new condition and right out of the box. Contractors will need to take this into consideration on any projects that are bid and will be constructed the following year or simply rolled over to 2014. No lead brass can add 25-40% to the cost of today’s standard brass in addition to reduced inventory and availability. Manufacturers and distributors will be turning their inventory over throughout 2013 and lead times will surely become lengthy. And you can bet that distributors and manufacturers will stop taking returns at some point during the year if they haven’t already. The no lead law also will apply to any product in service, that is taken out of service. Simply put, a product cannot be reused or reinstalled once it has been removed or disconnected from the system. With the certain change going into effect on January 4, 2014 the industry standards will change, and by preparing for it today you will protect yourself tomorrow. n

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Three Successful Infrastructure Projects and How Each Overcame Significant Challenges Featuring: Vin Barletta, Barletta Heavy Division Peter White, J. F. White Contracting Co. Tom Descoteaux, R. H. White Construction Co., Inc.

he program was billed as an “eye-opener” for both our Contractor and Associate Members and it certainly met that threshold and more. Setting the tone for the evening’s presentations, UCANE Executive Director Anne Klayman addressed more than 200 attendees saying, “Contrary to public perception that installing water or sewer pipes in the ground is simple, just dig a hole, put the pipe in the ground and cover it up, anyone with a backhoe or excavator can do it…that’s just not so, and

tonight’s program will dispel that belief completely.” Anne went on to say, “Tonight’s presenters will show the scope of their company’s capabilities to overcome tremendous engineering problems and bring their projects in on-time and under budget. Tonight I promise you that after you hear from our speakers, you will be very proud of the industry that you derive your living from because it is made up of men and women with talent, intelligence and the American can do spirit.”

Installation of UCANE’s 2013 Officers & Board

Board Members in attendance: (L-R) Robert Lee, J. F. White Contracting Co.; Bill Irwin, C.J.P. & Sons Const. Co., Inc.; Bill Keaveney, A.R. Belli, Inc.; Michael Biszko, Biszko Contracting Corp.; Maureen Dagle, Dagle Electrical Construction, Corp.; Vincent Barletta, Barletta Heavy Division; Jeff Bardell, Daniel O’Connell’s Sons, Inc.; Marco Gioioso, P. Gioioso & Sons, Inc.; Thomas Descoteaux, R. H. White Construction Co., Inc.; Al Morteo, FED. CORP.; Paul Scenna, Albanese D&S, Inc.; and John Our, Robert B. Our Co., Inc. Board Members not in attendance: Marcella Albanese, Albanese Bros., Inc.; Tony Borrelli, Celco Const. Corp.; Adam DeSanctis, DeSanctis Ins. Agency, Inc.; Jerry Gagliarducci, Gagliarducci Const., Inc.; Phil Jasset, Honorary Board Member; Ryan McCourt, McCourt Construction Co.; Richard Pacella, Jr., R. M. Pacella, Inc.; Louis Schoolcraft, Ti-SALES, Inc.; and Christopher Walsh, W. Walsh Co., Inc.

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FEBRUARY, 2013

Vin Barletta Barletta Heavy Division

Kevin B. Lampron, Jr. J. F. White Contracting Co.

David Ceppetelli R. H. White Const. Co., Inc.

North Dorchester Bay CSO Storage Tunnel Project

I-93 Fast 14 Rapid Bridge Replacement Project

Sturbridge Wastewater Treatment Facility Project

As is tradition, the first dinner meeting of the year featured the installation of UCANE’s 2013 Officers and Board of Directors and honored our outgoing Board Members and President. We also had the pleasure of hearing about three companies whose skill, determination and experience helped them overcome unbelievable obstacles to complete very difficult projects. Anne kicked off the meeting, which was sponsored by Todd McDonald and Broadstone Advisors, LLC, by introducing our new members, Charlie Button of Freshwater Consulting, LLC; Sean Rogers and Chris Reseska of Iron Planet; Michael Kane of Kane Engineering, Inc.; Brian MacFee of Systems Support Corp.; and Mark

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Hampston, John Horton and Doug Mann of Southern Redi-Mix Corp. She also introduced prospective members in attendance, Michael Arnheiter of Exit Strategies Group, and Curt Rodman and Mike Wagner of Rodman Ford. Anne continued the evening’s program by introducing our first speaker Vin Barletta, President of Barletta Heavy Division, who highlighted the challenges that his company faced while building The MWRA’s North Dorchester Bay CSO Storage Tunnel Project. Our second presentation was introduced by Peter White, President of J. F. White Contracting Company and continued on page 45

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Dinner Meeting continued from page 43

featured the I-93 Fast 14 Rapid Bridge Replacement Project. Peter then asked Project Manager Kevin Lampron to lead us through the project from start to finish using a time-lapse photo shoot. The final presentation of the evening was introduced by Tom Descoteaux, Vice President of R. H. White Construction Co., Inc., which featured the Sturbridge Wastewater Treatment Facility Project. Tom introduced Project Manager David Ceppetelli who brought us through the project, which was confronted with many challenges, such as keeping the plant operational during the entire project with many interfering natural weather conditions, such as a tornado and heavy snowfall. Following the presentations Anne honored outgoing Board Members Joe Pacella, RJV Construction Corp.; Brian Rawston, Jay Cashman, Inc.; and John Walsh, III, Walsh Contracting Corp. She also thanked Marco Gioioso, P. Gioioso & Sons, Inc. for serving as UCANE President for the past two years and presented him with a plaque. Anne then went on to introduce our 2013 Officers and Board Members who were in attendance: Jeff Bardell,

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Daniel O'Connell's Sons, Inc.; Vin Barletta, Barletta Heavy Division; Mike Biszko, III, Biszko Contracting Corp.; Maureen Dagle, Dagle Electrical Const., Corp.; Tom Descoteaux, R. H. White Const. Co., Inc.; Marco Gioioso, P. Gioioso & Sons, Inc.; Bill Irwin, C.J.P. & Sons Const. Co., Inc.; Bill Keaveney, A. R. Belli, Inc.; Bob Lee, J. F. White Contracting Co.; Secretary Paul Scenna, Albanese D&S, Inc.; Treasurer John Our, Robert B. Our Co., Inc.; and President Al Morteo, FED. CORP. continued on page 47

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Dinner Meeting continued from page 45

Anne then called on Al Morteo who thanked our members for their vote of confidence in electing him as 2013 President and he also took the opportunity to outline his goals for the coming year, which included: • Securing increased SRF funding to assure that a maximum number of projects are put out to bid. • Assisting cities and towns to obtain necessary funding for much needed water and sewer projects. • Continuing to press for the passage of our Cost Adjustment, Interest on Retainage, and Dig Safe bills, which have all been re-filed. • Continuing to strengthen our Association by increasing membership. Al also encouraged our Contractor Members to do business with our Associate Members whenever possible, saying that it is important that we support our Associate Members who so generously support UCANE. • Continuing our policy of inviting Contractor Members to attend board meetings, so they can see and hear the decisions that are made, the work that is done, and the influence and impact these decisions have on all our member companies to ensure the success of their businesses.

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Anne concluded the evening by thanking everyone for attending. As we begin UCANE’s 59th year as an Association, we realize more than ever before that a strong Association can make a positive contribution towards improving our region’s underground clean water and wastewater infrastructure. n

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UCANE HAS A NEW WEBSITE VISIT OUR SITE WITH ALL NEW FEATURES • Current Industry Related News • Links to State and Federal Agencies • Calendar of Events • Register for Meetings and Seminars • Member Only Section • Digital Edition of Construction Outlook Magazine • Construction Outlook Advertisers Page • New Facebook Page

www.ucane.com We are proud to have created the new website for UCANE As a way of saying thank you we are offering a special UCANE members discount on new Website & Social Media projects. Walter Osterman, President direct line 561.301.3150 www.SocialMavens.com

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BENEFITS & HR TRATEGIES Doug V. Mure, Managing Director HR Consulting & Outsourcing, Pinnacle Financial Group

Get on the Right HR Compliance Track in 2013 “Spring Clean” Your Personnel Recordkeeping Files & Procedures When was the last time that you conducted a comprehensive review of your human resources policies and procedures? Are your personnel files current? Do they contain information that might violate current privacy regulations? Are your hiring and onboarding procedures handled in a fair and non-discriminatory basis? Do you conduct proper performance appraisals? Are your termination procedures documented in order to avoid wrongful termination lawsuits?

s employers strive to comply with the myriad of rules and regulations that constitute HR best practices, the above compliance flashpoints are just a few examples where lax compliance practices can result in unwanted litigation and demand an inordinate amount of non-productive management attention and resources that could have been avoided. A comprehensive strategy to periodically review your policies and procedures, and take corrective action as required, can go a long way towards avoiding unnecessary problems down the road. The following are some key areas that should be considered:

Personnel File Review Massachusetts statutes define a “personnel record” broadly as “any record kept by an employer that identifies an employee, to the extent that the record is used or has been used, or may affect or be used relative to that employee’s qualifications for employment, promotion, transfer, additional compensation or disciplinary action.” Although this definition is subject to some degree of interpretation, it is widely accepted that employers should include at least the following information or documents (to the extent prepared) in an employee’s personnel record:

FEBRUARY, 2013

• Name, address, date of birth, job title and job description • Rate of pay (salary and/or hourly rate) and any other compensation paid to the employee • Starting date of employment • Job application • Resumes or other employee responses to an open or advertised position • All employee performance evaluation documents, including evaluations, written warnings of substandard performance, documents relating to disciplinary action, list of probationary periods, and any other documents relating to disciplinary action regarding the employee • Waivers signed by the employee • Copies of dated termination notices

"Personal" is also "Personnel" The statutory definition of "personnel file" also encompasses what individual managers and supervisors may view as their personal files or notes on employees under their supervision, if those documents are used or may be used to determine promotions, transfers, additional compensation or disciplinary action. continued on page 51

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Benefits & HR Strategies continued from page 49

Vague Notification Requirement is Still a Requirement A 2010 amendment requires employers to "notify an employee within 10 days of the employer placing in the employee’s personnel record any information to the extent that the information is, has been used or may be used, to negatively affect the employee’s qualification for employment, promotion, transfer, additional compensation or the possibility that the employee will be subject to disciplinary action.” Employers have strongly requested clarification on this requirement, but further definition has not been provided. Thus, in the meantime, employers should err on the side of caution, notifying employees of any filed correspondence addressing issues such as an employee’s performance deficiencies, attendance issues or improper workplace conduct.

Excluded/Prohibited Documents The following items should be maintained in separate files so as to not violate employee privacy rights and regulations (e.g. The Health Insurance Portability and Accountability Act (HIPAA)): • Medical records: any medical records of the employee, including information relating to medical leave (FMLA and/or STD), Worker’s Compensation, physical exams, drug or alcohol testing results • Equal Employment Opportunity records: all source documents relative to identification of race or sex • Internal/external discrimination/harassment complaints: any claims and/or results of investigation of an employee complaint of harassment or discrimination • Immigration - I-9 forms: for active employees, a file in alphabetical order is maintained, and for terminated employees, another file is kept in chronological order (with planned destruction dates)

• Dependent information for life insurance • Garnishment/child support documentation (if not kept in payroll files) In summary, reorganizing and streamlining the current personnel files will allow an employer to create a more efficient use of the personnel records for their intended purpose. A compliance audit can serve as a good opportunity to examine how you as an employer should manage personnel records and to advise managers/supervisors of the notice requirements at the same time.

Immigration I-9 Form Compliance The U.S. Immigration and Customs Enforcement (ICE), the principal investigative arm of the U.S. Department of Homeland Security (DHS), is responsible for enforcement of I-9 form compliance. ICE is the second largest investigative agency in the federal government and there is evidence that they have increased their audits of employer I-9 procedures. An ICE agent is only required to give an employer a 72 hour notice of their intent to visit your worksite and review all I-9 forms for active employees (and terminated employees who still fall within the I-9 recontinued on page 52

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Optional Documents There are a variety of documents that are often kept in the personnel files for convenience, however, employers should develop a policy/process to avoid the use of the personnel files as a record retention bottleneck. Items such as the following can be filed in the employee's primary personnel file: • 401K election documents (most recent election only should be retained) • Medical/dental benefits election documents, including waiver forms

FEBRUARY, 2013

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Benefits & HR Strategies continued from page 51 tention period). An audit can be triggered by a disgruntled employee (or former employee) or for no apparent reason. Most employers would be well served to conduct a self-audit of I-9 procedures before ICE sends a Notice of Inspection. Although not intentional, it is common to find that a certain percentage of I-9 forms were not properly executed during the hiring process. A good faith effort in correcting improperly completed forms, or creating a new one for missing forms, will benefit you if ICE decides to pay a visit. The fines for improper or missing I-9’s can be substantial, and, al-

though you may not be able to correct all errors, you will be able to reduce your exposure substantially. As stated above, it is a good practice to keep your I-9 forms in a separate binder and retain only those that are required. In this way, if you are the target of a federal audit, you will not be turning over your entire personnel file to ICE.

Fair Labor Standards Act (FLSA) – Exempt vs. Non-Exempt Classification It is up to the employer to determine whether to classify an employee as exempt or non-exempt under the FLSA. Exempt employees are not eligible for overtime pay, whereas non-exempt employees are entitled to overtime pay for “hours worked” in excess of 40 hours in a workweek. There was a reported case of a major retailer who had agreed to pay in excess of $1 million in overtime back wages to 596 employees nationwide after the DOL found that the company violated FLSA overtime and recordkeeping provisions. While your exposure will hopefully not be of that magnitude, it is a good idea to regularly review your job classifications to determine if your employees would pass the test to allow you to consider them as exempt from FLSA overtime. Every employer is different, but there are certain audit procedures that can be used to test your compliance.

Conclusion These are just a few of the areas that employers should be aware of to assure that they don’t inadvertently run afoul of HR rules and regulations. If you have questions about a more comprehensive review of your policies and procedures, contact a benefits consultant who also specializes in human resources compliance. n 52

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FEBRUARY, 2013

Environmental Viewpoint Robin L. Main, Esq.

Rhiannon Campbell, Esq.

Hinckley Allen Snyder, LLP

Massachusetts DEP’s Proposed Reforms to Asbestos Regulations Note: Robin L. Main is a Partner in Hinckley, Allen & Snyder LLP’s litigation group and co-chair of the firm’s environmental practice group. Rhiannon A. Campbell is an Associate in Hinckley, Allen & Snyder LLP’s litigation and environmental practice groups.

In an effort to streamline asbestos work practices, provide additional flexibility in notification requirements and ease the burden of current asbestos practices on the Massachusetts Department of Environmental Protection (“MassDEP”), the MassDEP has proposed reforms to regulations governing the management of asbestos in renovation and demolition projects. The proposals are intended to align MassDEP’s regulations with the United States Environmental Protection Agency’s (“EPA”) asbestos requirements of the National Emission Standards for Hazardous Air Pollutants (“NESHAP”), as well as with the requirements established by the Massachusetts Department of Labor Standard’s Asbestos Regulations.

urrent MassDEP asbestos regulations do not require an inspection of the facility to be renovated or demolished before work begins, which may result in delays in the event that asbestos containing material requiring MassDEP notification is discovered during the course of a project. The proposed regulations, however, require a complete survey of the facility or facility components (including equipment, pipes, turbines, building materials, ducts, etc.) before work begins to determine the presence, location and quantity of any asbestos containing material, possibly avoiding future delays and the expenditure of additional MassDEP resources on reviews of mid-project notifications. Current regulations require owners of a facility or facility component to notify MassDEP ten working days in advance of any asbestos abatement work conducted at their property. The proposed regula-

FEBRUARY, 2013

tions provide separate work practice requirements for small operation and maintenance projects involving the removal or disturbance of asbestos-containing floor tile, sheet floor covering or gypsum wallboard/ joint compound systems, and exempt these projects from notification requirements. These work practices vary depending on the specific material being removed or disturbed. Current regulations lack specificity when it comes to the removal of commonly found materials. The proposed reforms seek to remedy this by providing material-specific work practice requirements that are consistent with Department of Labor Standard regulations. Specific work practice requirements are provided for asbestos-containing asphaltic roofing and siding materials, window painting or repair work that disturbs asbestos-containing glazing or caulking continued on page 55

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Environmental Viewpoint continued from page 53

Traditional & Bona fide employee benefits for Prevailing Wage Contractors compounds and exterior asbestos-containing cementitious shingles, siding and panels. Each material has its own separate training, safety, abatement and handling requirements.

Furthermore, in an attempt to introduce some flexibility into the regulations, MassDEP has provided for “Alternative Asbestos Abatement Work Practice Approvals.” In some circumstances, such as emergency abatements or abatement in structures that are damaged or located near high voltage electrical conveyance equipment, traditional abatement practices are not practical. The proposed regulations allow for a person in these circumstances to apply to the MassDEP for alternative approvals which may be granted in MassDEP’s sole discretion. n

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John E. Merchant, CPA

Cullen, Murphy & Co., P.C.

IN THIS ISSUE • Tax Breaks for Supporting a Parent • Covered Calls Offer High Yields but Limit Gains • Business Owners Should Consider a Real Estate Purchase and Leaseback

Smart Tax, Business & Planning Ideas fro

Tax Breaks for Supporting a P

Tax Breaks for Supporting a Parent

he fabled Baby Boom began in 1946, right after World War II. Therefore, the oldest Baby Boomers reached 66 in 2012, which is now the full retirement age for Social Security. As millions of Boomers near and reach retirement, however, many are feeling family-related financial strains. A recent survey by Ameriprise Financial found that many Boomers provide aid to their elderly parents. For example, 22% of respondents help their parents to buy groceries, 15% aid with medical bills, and 14% contribute to outlays for utility bills. Some Boomers reported that these expenses have reduced the amount they save for their own retirement. Tax Threshold If you are in the previously mentioned situation, you should try to take advantage of all possible tax benefits. The money you save in taxes may be invested for your retirement. For example, you might be able to claim a dependency exemption for a parent you’re supporting. You’ll get a tax deduction of $3,900 in 2013 (estimated as of this writing) for each exemption you claim. Depending on your tax bracket, you might save well over $1,000 for each dependent.

FEBRUARY, 2013

Tax thresho

If you are in th mentioned situ try to take adva tax benefits. Th in taxes may be retirement. For example to claim a depe for a parent yo You’ll get a tax $3,900 in 2013 this writing) fo you claim. Dep bracket, you m $1,000 for each The fabled Baby Boom began in 1946, To get a depende To get dependency exemptionthefor a aparent right afteraWorld War II. Therefore, parent as a “qualify as oldest a “qualifying relative,” you must pass several Baby Boomers reached 66 in 2012, must pass several tes tests. For example, dependent have which is now the fullyour retirement age for mustyour dependent mus less than an estimated $3,900 in gross income this $3,900 in Social Security. As millions of Boomers estimated year. income doesn’t gross nearTax-exempt and reach retirement, however,count asyear. Tax-exempt inc income, and that includes certain Social Security many are feeling family-related financial as gross income, and benefits. strains. Social Security bene A recent1: survey by Ameriprise Example 1: Ken Example Ken and Carol Grant help to support Financial foundmother, that many Boomers helpcolto support Caro Carol’s widowed Helen. In 2013, Helen provide aid to their elderly parents. For Helen. lects $8,000 in Social Security benefits. Her only oth- In 2013, Hel example,comes 22% offrom respondents help their Social Security be er income bank account interest,inwhich parents to buy groceries, 15% aid with other income comes is minimal. medical bills, and 14% contribute to interest, which is mi Under the tax code, a single taxpayer owes no outlays for utility bills. Some Boomers Under the tax cod income tax on Social Security benefits if combined reported that these expenses have owes no income tax income (adjusted gross income plus nontaxable inreduced the amount they save for their benefits if combined terest plus half of Social Security benefits) is less own retirement. gross income plus no than $25,000. Helen’s total is under the threshold, so continued on page 59

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Financial Management continued from page 57 her Social Security benefits are not taxable and not included for this calculation. Thus, Helen meets the income test to be treated as a dependent.

Counting Costs Besides the income test, you must provide over half of the dependent’s support. That is, you must pay more than 50% of the amounts spent on the other person’s food, lodging, clothing, education, medical and dental care, recreation, transportation, and similar necessities. Example 2: In 2013, Carol’s mother, Helen, spends a total of $18,000 for necessary living expenses listed previously. If Ken and Carol provide over 50% of that amount—$9,000—they pass this test for claiming Helen as a dependent. If Helen lives with Ken and Carol, the Grants will find it easier to pass this 50% support test. That’s because they can include the fair rental value of the housing they provide in the total of their contributions. If Helen would pay $1,000 a month to rent comparable lodging from a third party, yet she lives with the Grants rent free, then Ken and Carol can include that $1,000 a month in the support they provide: $12,000 a year.

to support an elderly parent. Then, no one taxpayer may qualify for the dependency exemption. Example 3: While the Grants help to support Carol Grant’s mother, as described, Carol’s brother Jeff also helps their mother, Helen, to make ends meet. Even though Jeff and the Grants together provide over 50% of Helen’s support this year, neither taxpayer is over the 50% mark. In such a situation, if all other hurdles are cleared, the contributing parties can agree to allocate the dependency exemption to one taxpayer. The taxpayer claiming the exemption must receive from each taxpayer eligible to claim the exemption a signed statement waiving his or her right to claim the person as a dependent for the year. The taxpayer claiming the exemption must attach to his or her return for the year he or she is claiming the exemption a statement that (1) identifies all the taxpayers eligible to claim the person as a dependent and (2) indicates that he or she has received a signed waiver statement from each of these taxpayers. IRS Form 2120 can be used for this purpose. Assuming they contribute equal amounts, Jeff and the Grants can alternate so that they take turns claiming Helen as a dependent every other year. continued on page 60

Addition to Deductions If your parent qualifies as a dependent, the tax savings may go beyond the dependency exemption. You also might be able to get a medical deduction. Money you spend for a dependent parent’s qualified health care costs can be added to your own medical bills, increasing your chances for an itemized medical deduction. You also may be able to include a parent’s medical expenses on your tax return even if that parent is not a dependent, as long as you provided over half of his or her support during the year.

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The income and support tests, as described, are the keys to claiming a parent as a dependent for tax purposes. Other criteria apply; some taxpayers may receive reduced exemption amounts, depending on current law, and some taxpayers are shut out from any dependency exemptions. In essence, the rules in this area are quite complex, even by the standards of the Internal Revenue Code. Our office can help you deal with all the fine print and show you how to claim parents or other loved ones as dependents, if that would be practical.

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Financial Management continued from page 59

Covered Calls Offer High Yields but Limit Gains

he Federal Reserve has promised to keep short-term interest rates low until at least 2015. Therefore, investors have scant hope that bank accounts, money market funds, or high-quality bonds will soon offer higher yields. Investors who seek significant current cash flow might consider selling so-called “covered calls” on stocks they own. Investors can trade listed options on many stocks and exchange-traded funds. For example, you can buy or sell put or call options on stocks issued by companies such as Apple, Bank of America, and Intel. The owner of a call option has the opportunity to buy, while the owner of a put option has the op-

portunity to sell the underlying security. For increased cash flow, you can sell (“write,” as options traders say) one of these options and collect an upfront premium payment. Example 1: Meg Lawson thinks that ABC Corp.’s stock will not go up much in the near future but also will not drop by much. Rather than put $2,000 into a money market fund, she uses that money to buy 100 shares of ABC trading at $20. To implement a “buy-write” strategy, Meg then sells one call on ABC (a call option covers 100 shares). Meg chooses to sell an option that will expire in three months, with a $22 “strike” (purchase) price. This option is listed at 50 cents, meaning that Meg will receive $50 for selling the call: 50 cents times 100 shares. The option Meg has sold is a “covered” call because she owns the shares to meet any exercise of this option. continued on page 61

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Financial Management continued from page 60

Trusted Advice

Possible Outcomes Suppose the three months pass, and ABC’s stock has traded between $19 and $21. The call option will expire—the owner of the option won’t exercise the right to buy at $22 a share. Meg has received a 2.5% return on her investment ($50/$2,000) in three months, for a 10% annualized return. She’ll also collect any dividend ABC has paid in those three months, boosting her return. (This simplified example ignores Meg’s trading costs.) If Meg wishes, she can keep selling calls and keep collecting option premiums. Example 2: Meg sells a three- month, $22 covered call on ABC, as described. Here, ABC goes up to $25 a share within three months. Thus, the owner of the call exercises the option, buying Meg’s 100 shares for $22 apiece. Meg has a 10% profit on the stock (bought for $2,000, sold for $2,200) in addition to the option premium she collected plus any dividends.

Tracking the Tradeoff From the examples in this article, you can see both the pros and cons of covered calls. Selling these continued on page 62

Tax Treatment • For investors, if an option you write on a stock is not exercised or repurchased, the amount you receive is a short- term capital gain. That gain is included in your income when the option expires. • If a call you write is exercised, and you sell the underlying stock, increase the amount you receive on the sale by the amount you received for the call when figuring your gain or loss. The gain or loss is long or short term, depending on your holding period for the stock. • If you enter into a closing (buyback) transaction by paying an amount equal to the current value of the call, the difference between the amount you pay and the amount you receive for the call is a short-term capital gain or loss.

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Financial Management continued from page 61 options offers you a way to increase your investment income. If you sell options with a strike price higher than the trading price (an “out of the money” call), you’ll retain some opportunity to profit, if the shares are called away. However, in our example, Meg has capped her profit at $2 per share. If ABC keeps climbing past $25 to $30 or $35 a share, Meg won’t participate in those gains. It’s true that Meg can buy back the call and keep her ABC shares. She’ll take a loss on the option trades, though. What’s more, Meg has no guarantee that her ABC shares will stay flat or rise. If the price drops, and Meg sees her $2,000 investment fall to $1,800, $1,600, or lower, her $50 option premium won’t offset her loss.

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Thus, selling covered calls won’t guarantee superior investment results. That said, this strategy can be useful to stock market investors who fully understand the risks and potential benefits. With yields at historic low levels and the likelihood of staying that way for a while, you may find it worthwhile to investigate this technique.

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Financial Management continued from page 62

Business Owners Should Consider a Real Estate Purchase and Leaseback funds. Then your company can continued from page 3

f you’re a business owner, your comlease the property from you, so pany might own an office building, a it will have continued use of the warehouse, or realother estate.property. Assuming your company has owned the property for many years, the realbenefits estate may be Bountiful generating few Such if anya depreciation transaction can deduchave tions. In such aadvantages situation, consider for you and forbuying the property personally, perhaps usyour company. The company ing borrowed funds. Then your company will receive cash for expansion, hiring, and so on, evensoafter can lease the property from you, it will on real the gain. Ongoing have continuedpaying use oftaxthe estate. lease payments from the Bountiful Benefits company to you will be deductible for Such a transaction can have advantages for you the company, replacing depreciation and for your company. The company receive deductions that maywill have declined or • cash for expansion,disappeared hiring, and soaltogether. on, even after paying tax on the gain. Ongoing lease payments from the At the same time, you’ll receive company to you will be deductible for the company, leasing incomethat from thehave company. replacing depreciation deductions may deYou’ll have just purchased the real • clined or disappeared altogether. estate, in receive this scenario, you’ll At the same time, you’ll leasingsoincome be able to start a new depreciation • from the company. You’ll have just purchased the schedule,soand thebe depreciation real estate, in this scenario, you’ll able to start a new depreciation schedule, and the depreciation deductions can reduce the tax you’ll owe from this income stream.

mortga it easier propert • The lea compar parties leases. A must b • Any rep must b • The pro be long lease. Today’s depressed real estate market and low deductions can reduce the tax you’ll • You as mortgage rates might make it easier for you to owe from this income stream. reasona buy the property. money The lease payments should be comparable to Clearing the hurdles must h what unrelated parties are paying for similar To obtain these benefits, you must money. leases. Any lease renewals also must be set enter into avalue. valid sale and leaseback. Buying prope at fair rental Here are the relevant rules: at a fair price Any repurchase option also must be at fair • Youvalue. should pay a fair price for might turn o market the building. Today’ s depressed investment— The property’s useful life must be longer than realestate market and low because of m the term of the lease.

• You as the buyer must reasonably expect to make money on the deal, and you must have some risk of losing money. Buying property from your company at a fair price Clearing the Hurdles in today’s environment might turn out to be a good To obtain these benefits, you must enter into a investment—one made even better because of mulFEBRUARY 2013 MARCH 2013 valid sale and leaseback. Here are the relevant rules: tiple tax benefits. February 15 March 15 • You should payIndividuals. a fair price forclaimed the building. CPA ClientCorporations. Bulletin. n File a 2012 calendar year If you exemption from Reprinted income tax from withholding

TAX CALENDAR

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S corporations. File a 2012 calendar yea

Did You Know? Employers. For Social Security, Medicare, withheld income tax, and

rowdfunding and Internet offers top the list of monthly rule applies. 1120S) and pay any tax due. Provide eac Crushed Stone & State Specified Dense Graded Base1120S) or a substitu new investment scams. Federal provisions Schedule K-1 (Form February 16 for startups Manufacturer & Installer of Bituminous Concretesix-month Products:extension of time an automatic related to crowdfunding, a method Employers. Begin withholding income tax from the pay of any 7004, and deposit what you estimate you seeking capital, will notemployee be available until later M.B.S.in Construction Services/Paving who claimed exemption from withholding 2012 but did S corporation election. this year. Even when the rulesa new are effective, not new give you Form W-4 to continue the exemption for 2013. Holden Trap Rock Co. Berlin Stone Co. File Form 2553 an S corporation beginning with calendar 2077 N. Main Street 332 Sawyer Hill Rd. investments in small businesses may be more February 28 filed(off late,Rt. S 62 corporation (Route 122 A) & 495) treatment will be prevalent but not less risky. All businesses. File information returns (forHolden, example, MAForms 015201099) Berlin, MA 01503 for certain payments you made during 2012. If you file the forms Source: North American Securities Tel: 508-829-5353 electronically (not by magnetic media), yourFax: due 508-829-9346 date for filing them Administrators Association with the IRS is April 1.

FEBRUARY, 2013

Electing large partnerships. Provide ea Tel: 978-838-9999 Schedule K-1 (Form 1065-B) or a substit Fax: 978-838-9916 date applies even if the partnership requ file the Form 1065-B by filing Form 7004

Employers. File Form W-3, along with Copy A of all the Forms Employers. For Social Security, Medicare W-2 you issued for 2012. If you file Forms W-2 electronically (not “BUY FROM THE ADVERTISERS IN CONSTRUCTION OUTLOOK” 63 nonpayroll withholding, deposit the tax fo by magnetic media), your due date for filing them with the Social monthly rule applies. Security Administration is April 1.

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

E 64

Advertisers’ Index ATS Equipment, Inc. .............................................................8 Adler Tank Rentals ..............................................................22 Aggregate Industries-New England Region.........................32 Aon Construction Services Group........................................52 Arruda Trenchless Construction..........................................58 Boro Sand & Stone Corp........................................................7 Dennis K. Burke, Inc............................................................13 Concrete Systems, Inc......................................................... 40 Dagle Electrical Construction, Corp....................................20 Darmody, Merlino & Co., LLP............................................54 DeSanctis Insurance Agency, Inc. .......................................50 Dig Safe System, Inc..............................................................4 The Driscoll Agency ............................................................33 EJ..........................................................................................10 Eastern Insurance Group, LLC............................................26 Eastern Pipe Service, LLC...................................................54 Eastern States Insurance Agency, Inc..................................21 T. L. Edwards, Inc................................................................54 Equipment East, LLC...........................................................30 Ferguson Waterworks...........................................................62 Fringe Consulting.................................................................55 Geod Consulting, Inc............................................................62 L. Guerini Group, Inc...........................................................56 HD Supply Waterworks..........................................................2 A. H. Harris & Sons, Inc. ....................................................29 Hinckley Allen Snyder, LLP............................................... 46 John Hoadley & Sons, Inc....................................................25 P. A. Landers, Inc.................................................................41 Lawrence-Lynch Corp..........................................................58 Liddell Brothers Inc..............................................................16 Lorusso Corp....................................................................... 60 Lorusso Heavy Equipment, LLC........................................ 24 Mabey, Inc............................................................................61 Mass Broken Stone Company...............................................63 Milton CAT...........................................................................18 North East Shoring Equipment, LLC...................................56 Our Outhouses, Inc...............................................................58 Palmer Paving Corporation....................................................9 E. H. Perkins Construction Co., Inc.................................... 64 Podgurski Corp....................................................................11 E. J. Prescott, Inc..............................................Ins. Front Cvr. Rain For Rent-New England.................................................28 Read Custom Soils ...............................................................51 Rogers & Gray Insurance Agency, Inc...................................6 Schmidt Equipment, Inc.......................................... Back Cvr. The Scituate Companies.......................................................14 Shea Concrete Products........................................................38 Smith Print............................................................................56 Social Mavens.......................................................................48 Systems Support Corporation.................................................4 Ti-SALES, Inc. ....................................................................55 Tri-Products, LLC..................................................................5 Albert J. Tonry & Co., Inc....................................................59 United Concrete Products, Inc. ............................................27 United Rentals Trench Safety.............................................. 44 C. N. Wood Co., Inc. ............................................................12 Woodco Machinery, Inc................................... Ins. Back Cvr.

“BUY FROM THE ADVERTISERS IN CONSTRUCTION OUTLOOK”

FEBRUARY, 2013

PARTS & service

REMARKETING

CUSTOMER SUPPORT AGREEMENTS

VOLVO FINANCIAL SERVICES

CARETRACK

Get it done from one source: your Volvo dealer.

LET’S WORK.

Whatever you do, Woodco Machinery is there to help you do it. Dependable equipment – from construction and road building to forestry, utilities and more. Support – from sales and remarketing to reliable parts and service. Offerings – to get you working and keep you working – from Customer Support Agreements and CareTrack telematics to full-service financial solutions through Volvo Financial Services. It’s all delivered directly through one source: Woodco Machinery. We’re the solution you can trust – before and after the sale. Let’s work together. Contact your nearest Woodco location today.

140 Wales Avenue Avon, MA 02322 508-584-8484

www.woodcomachinery.com

Volvo Construction Equipment

22 North Maple Street Woburn, MA 01801 781-935-3377

60 Shun Pike Johnston, RI 02919 401-942-9191

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Many of the refinements found in our K-Series Loaders are the product of the brightest minds in nemyeonutsrsfo. uLnodaidneoruo r Kw-Sneerriess aLn oaddu erssearrse sthuecphroadsuyco t ouf tta helkberd ig,hw teestlm tMhaenyinodf uthsetrreyfi— isitnedns eindt,haeninddtuhsteryK— -Syeoruierss. Lisoader owners and users such as you talked, we listened, and the K-Series is the result. Loaded with productivity and uptime-boosting features such as quieter, more tshpaecrioeussuclatb. sL.oEandhaendcewdiQthuapdr-oCdooul™ctsiyvsitteymasn. dMourpetpim e-boosting features such as quieter, more spacious owerful hydraulics. Easier-to-view monitors with expanded functions. And a longer list of coaptbiosn. sE. nThhianknincgedbigQ?uSatodp-Cinotoodl™aysoyrsgtievemuss. aMcaollr,eanpdolw Eaayssiethre-tsoe -JvoihenwDemeroens iwtoillrhsaw eteursfu shlohwyd yoruau alllitchse. w veityh ou thinking K-Series. expanded functions. And a longer list of options. Thinking big? Stop in today or give us a call, and let us show you all the ways these John Deeres will have you thinking K-Series.

www.SchmidtEquipment.com www.Sch5mLidotcEaqtiuoinpsment.com Se5rvLinogcaMtiAon&s RI (S8e0rv0i)n9g2M 2-A8& 29R5I (800) 922-8295