Construction Outlook June 2017 by Ucane

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

UCANE’s 43rd Annual Scholarship Awards Night Take pride in how far you’ve come. Have faith in how far you can go. But don’t forget to enjoy the journey. ~Michael Josephson

• Senate Passes FY18 Budget • UPDATE: How to Identify a Lead Service Line • Legislature to Debate Significant New Employment L aws

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Years of Excellence 1954-2017

JUNE, 2017

IN THIS ISSUE

OFFICERS President PAUL SCENNA

Albanese D&S, Inc.

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

Treasurer MARCELLA ALBANESE

Albanese Brothers, Inc.

Secretary RYAN McCOURT

McCourt Construction Company

BOARD OF DIRECTORS VINCENT BARLETTA

Barletta Heavy Division

JOHN BERKSZA

Eastern Insurance Group, LLC

NICK BIELLO

J. D’Amico, Inc.

TONY BORRELLI

Celco Construction Corp.

GERRY CARNEY, JR.

C. N. Wood Company, Inc.

KEVIN COLE

J. F. White Contracting Co.

BRIAN COONEY

C. C. Construction, Inc.

GREG FEENEY

Feeney Bros. Excavation, LLC

JERRY GAGLIARDUCCI

Gagliarducci Construction, Inc.

MARCO GIOIOSO

P. Gioioso & Sons, Inc.

A. J. LORUSSO

Lorusso Heavy Equipment, LLC

AL MORTEO

FED. CORP.

JOHN OUR

Robert B. Our Co., Inc.

JOSEPH PACELLA

RJV Construction Corp.

BRIAN RAWSTON

Jay Cashman, Inc.

CHRIS VALENTI

GVC Construction, Inc.

KEN VOGEL

WES Construction Corp.

DAVID ZOPPO

R. Zoppo Corp.

ANNE KLAYMAN

3 President’s Message:

Survey Shows Americans Want More Investment in Water Infrastructure

5 Legislative Update: • • • • •

Senate Passes FY18 Budget; Conference Committee to Reconcile Differences Senate Enters Employer Health Insurance Mandate Fray Baker-Polito Administration Files Unemployment Insurance Modernization Legislation House Passes Massachusetts Pregnant Workers Fairness Act United States EPA Works to Improve Water Quality in Mystic Tributaries

15 UCANE Delegation Travels to Washington DC to Meet with Legislators and Clean Water Construction Coalition Members 21 UPDATE: How to Identify a Lead Service Line 23 Labor Issues: Legislature to Debate Significant New Employment Laws

27 In Memoriam:

Anthony Susi, A. Susi Construction Company

29 Under the Hard Hat with UCANE’s Officers & Board Members: Q&A with UCANE President Elect Richard Pacella, Jr. (R. M. Pacella, Inc.)

33 In Memoriam:

J. Barry Driscoll, J. Barry Driscoll Insurance Agency, Inc.

35 UCANE Welcomes New Members 36 UCANE’s 43rd Annual Scholarship Awards Night 47 Spotlight on Cape Cod:

• Cape Leaders Look to Tap Rental Tax for Wastewater Projects • Harwich Supports Major Wastewater Funding

59 Clearing the Air on the Jobsite 63 Save the Date: UCANEs 38th Annual Golf Classic 65 UCANE Sponsors Water For People “Deer Island Dash 5K Run/Walk” 67 UCANE’s Safety Corner: 5 Steps to Prevent Trench Collapses

71 OSHA’s Recordkeeping Rule Withdrawn 71 OSHA Held 1st Annual Safe + Sound Week 73 Financial Management:

• The Third Best Investment You Can Make • Prenups Can Serve Many Purposes • Solo 401(k) Plans for Companies Without Employees

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

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Survey Shows Americans Want More Investment in Water Infrastructure I, like UCANE Presidents before me, have used this space and opportunity to make the case that there is a dire need for an increased investment in our local, state, and national clean drinking water and wastewater infrastructure systems.

any of our cities now rely on 50, 60, and 100 year old pipes to supply their citizens with clean drinking water while knowing that the age of the pipes far exceed their stated life expectancy; and each year that goes by, the problem only gets worse. What I see is the public getting accustomed to pipes regularly bursting underneath our streets and highways, causing damage to our homes and disrupting the everyday activities of our businesses, hospitals, and schools. It’s becoming the new normal. However, what the public doesn’t see or know, is that many times these pipes are so clogged with mineral buildup that they could pose a major health hazard and impede the normal flow of water and endanger public safety. Replacing these pipes is a costly effort but on the other hand, it is also well documented how beneficial investing in water infrastructure is for the economy. A recent report found that on a national level, a one-day disruption in water services would result in a $43.5 billion economic loss. The same report found that if the annual investment gap in water infrastructure were closed, it would generate over $220 billion in economic activity, which is more than the gross domestic product generated by 26 states. Another survey of registered voters nationwide was conducted by the US Water Alliance “Value of Water Campaign” shows that rebuilding our counJUNE, 2017

try’s above and below ground infrastructure is the most important issue that should be addressed this year, with 67% of respondents saying it was extremely or very important. When asked about rebuilding our underground water infrastructure that brings clean drinking water to homes and removes and treats wastewater, 82% voted that it was extremely or very important. There was also overwhelming support for increasing federal investment in water infrastructure, with 87% favoring more spending on water pipelines, pumps, treatment plants, reservoirs, and other facilities. This is a powerful message from our citizens, and water resource planners should take heed. UCANE is constantly using surveys like this to support our position and help our members advocate with federal, state, and local officials to help them understand the priorities and expectations of their constituents. Chief among them is clean water supplied to the public on a uninterrupted, daily basis. The major obstacle continues to be funding and where this additional investment will come from. UCANE will continue to push for strong federal/ state/local partnerships and a dedicated revenue stream. No one entity could, nor should, foot the entire cost to close the funding gap, which in Massachusetts alone is estimated at $20 billion. However, the survey results clearly show that Americans know its importance to their families’ health and well-being. It is not an easy task, but somehow, officials must find a viable and workable solution. n

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Senate Passes FY18 Budget; Conference Committee to Reconcile Differences

ver the span of three days, the Massachusetts Senate dispensed with a little over 1,000 floor amendments and passed its version of the FY18 budget by a vote of 38-0. As with the House budget proposal, the Senate grappled with less revenue than expected and increased demands to fund MassHealth, pensions, and local aid. As stated within Senate Ways and Means Chairwoman Karen Spilka’s remarks “[the] budget spends responsibly and maximizes state and federal revenue opportunities and efficiencies, recommending a total of $40.791 billion in spending, a 3.3 percent increase over FY17 spending. This spending recommendation is based on a projection of a $1.016 billion (3.9 percent) increase in tax revenue for FY18, as agreed upon during the Consensus Revenue process in January.” Of particular interest to UCANE, there were a number of appropriations and amendments adopted to the budget proposal that improve the Commonwealth’s ability to address underground infrastructure, including but not limited to: Increased funding for the administration of the Massachusetts Department of Environmental Protection (MassDEP) by $1 million to $26 million. Additional funding for the MassDEP ensures that the administration of water infrastructure programs are not hindered by reduced staffing. Funding for the Underground Storage Tank (UST) program under Mass. Gen. Laws ch. 21J was set at $6.5 million. The UST program pays for the replacement of single lined fuel tanks to JUNE, 2017

double lined fuel tanks for eligible entities. Additional language for the Clean Water Trust’s contract assistance line-item, making an important technical change to bring the budget language into conformity with Chapter 259 of the Acts of 2014 and more recent regulations to allow use of funds beyond only debt service to include principal forgiveness, interest rate reduction and other means of financial assistance was also included. The Commonwealth Rate Relief Fund was not funded, as per recent historical precedent, but has traditionally found its way into the final Conference Committee report. An additional amendment effort is worth noting for UCANE members. Senator Julian Cyr and Senator Vin deMacedo, in the hopes of addressing Cape Cod’s water infrastructure needs, filed two amendments aimed at (a) creating a regional entity for tackling the region’s water infrastructure needs; and (b) funding the water infrastructure needs through an optional 2.75% occupancy fee on short term rentals. While both initiatives were not adopted, it significantly raised the profile of water infrastructure needs among Senate leadership. Expect to see this issue remain a priority matter for future consideration and potential action. In terms of the final budget proposal to be sent to the Governor, a “Conference Committee” budget, negotiated between three Senate members and three House members, will be released for the Governor’s approval before July 1. continued on page 7

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Legislative Update continued from page 5

Senate Enters Employer Health Insurance Mandate Fray

ne of the continuing issues that will be resolved in the Conference Committee report on the FY18 budget is the issue of an employer assessment for paying for MassHealth’s expanding budget profile. Governor Baker originally proposed a $2,000-per-employee assessment upon companies at which at least 80% of full-time worker equivalents do not take the company’s offer of health insurance, and that do not make a minimum $4,950 annual contribution for each full-time worker. If 70% of a company’s employees accept company health insurance, the company would be assessed $2,000 per employee for the number of employees represented by the 10% difference. The Governor’s original proposal was met with stiff opposition from business groups throughout the Commonwealth. Under the House proposal contained in its FY18 budget proposal, the Massachusetts Department of Revenue (DOR) may implement this employer assessment after engaging in a number of factor reviews. Specifically, the DOR, in consultation with the participating agencies, shall annually determine an appropriate employer contribution rate, an appropriate minimum qualified offer and an appropriate uptake rate. The DOR shall then assess an employer’s liability based on the determined employer contribution rate for those employers that do not meet the determined minimum qualified offer or the determined uptake rate based on the best available data. In determining an appropriate employer contribution rate, the DOR shall review and consider the following factors including, but not limited to: an employer’s contribution towards the minimum qualified offer; an employer’s number of employees; employee utilization of state and federal premium assistance and subsidies, including tax credits, or employees who receive MassHealth benefits; an employee’s state of residence; and employee access to other qualifying health insur-

ance from a spouse, parent, veteran’s plan, Medicare, retirement, or disability. The House budget proposal requires the DOR to hold a public hearing to solicit feedback on any employer mandated assessment. The recently passed Senate FY18 budget proposal also addresses this issue by giving the Baker Administration the choice of increasing the Employer Medical Assistance Contribution (EMAC) or creating a stand-alone quarterly assessment on employers. The Senate plan would raise $180 million from such assessments (i.e., the Governor is hoping for $300 million for his assessment). The Senate proposal would also limit the duration of those assessments to two years. Under the Senate proposal, the Secretary of Administration and Finance must file a letter with the Legislature by August 1 indicating whether she will choose the EMAC or assessment option. Regulations must be published by November 1 and take effect January 1 of next year. If she chooses EMAC, which is a program that was created to provide health insurance to unemployed people, the rate would rise from .34% to .75%. If she establishes a separate employer assessment based upon whether or not an employer offers qualified health insurance and has a minimum uptake rate for that insurance, the secretary would have to consider the following in developing any assessment: (a) how much the employer pays toward the employee’s insurance; (b) how many employees they have; (c) whether or not their employees are Massachusetts residents; (d) how many employees are part-time and (e) whether or not their employees have access to health insurance through different private sources. There have been no reported statements by either the Speaker of the House or the Senate President about which version of the employer mandate is likely to prevail in the Conference Committee report on the FY18 budget. continued on page 9

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Legislative Update continued from page 7

Baker-Polito Administration Files Unemployment Insurance Modernization Legislation

overnor Charlie Baker recently filed legislation to modernize the Commonwealth’s Unemployment Insurance program administered through the Massachusetts Department of Unemployment Assistance (DUA), including extending support to spouses of relocated military personnel and cost saving measures through electronic communications, expanding DUA’s ability to recoup fraudulently claimed benefits, and making it clear prison work-release programs are not means for qualifying for unemployment insurance upon release. According to a press release from the Governor’s Office, the DUA, operated under the Executive Office of Labor and Workforce Development, is responsible for managing the Unemployment Insurance (UI) program, which provides temporary income to Massachusetts workers who are unemployed through no fault of their own and are able, available, and actively looking for work. Recently, the UI program in Massachusetts has made an effort to reduce backlogs and wait times for decisions. In particular, the Unemployment Insurance Modernization Legislation will: • Support Relocated Military Families. The legislation corrects current statute to extend unemployment benefits to the spouses of relocated military personnel following a family member to a new legally-obligated duty assignment beyond commuting distance of their current job, recognizing the sacrifice families make for national defense. • Implement Cost Saving Electronic Communications. Permits DUA to communicate via electronic means, and not just through the U.S. Postal Service (USPS), with claimants, 80% of which are already applying electronically. DUA anticipates

postage budget savings of nearly 50% (FY16 Total: $1.1 Million, Projected Savings of Approximately $500,000) to be reinvested into language services, and additional cost and time savings for sending and processing. The provision includes opt-out means for those who lack reasonable access, or the ability to use electronic means, to continue using the USPS. • Address Prison Work-Release Programs. The bill strikes current language and makes it clear in alignment with federal law, that inmates participating in work-release programs and still incarcerated are not eligible for unemployment benefits upon release. While inmates participating in these programs earn valuable experience and skills that prepare them for re-entry and reduce recidivism, current statute can limit employer participation and put them at risk of higher unemployment insurance taxes. Maryland, New Jersey, New Mexico, Texas, and Vermont have enacted similar changes. • Expand the Ability to Recoup Fraudulently Collected Benefits. The legislation lifts the ceiling for DUA’s weekly reclamation of fraudulently obtained benefits from 25% to 100% to enable DUA to recover fraudulently paid benefits more quickly. The change makes individuals who fraudulently collect unemployment benefits subject to the same potential offset penalty on future unemployment benefits as those who receive an erroneous overpayment through no fault of their own. To review the proposed legislation, please visit: http://www.mass.gov/governor/legislationexecorder/ legislation/modernize-the-administration-of-unemployment-insurance.html continued on page 11

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Legislative Update continued from page 9

House Passes Massachusetts Pregnant Workers Fairness Act

he Massachusetts House of Representatives recently passed House Bill 3680, An Act Establishing the Massachusetts Pregnant Workers Fairness Act. The legislation requires that employers provide pregnant women reasonable accommodations including "more frequent or longer paid or unpaid breaks, time off to recover from childbirth with or without pay, acquisition or modification of equipment, seating, temporary transfer to a less strenuous or hazardous position, job restructuring, light duty, break time and private non-bathroom space for expressing breast milk, assistance with manual labor, or modified work schedules." With 120 legislators co-sponsoring the legislation this year, the legislation was opposed by business organizations such as the Associated Industries of Massachusetts (AIM) last session. During the intervening time between formal legislative sessions, AIM and the advocacy group MotherWoman worked on consensus legislation that balances the needs of pregnant women with the practical issues faced by employers. Among the provisions in the legislation, the employer and employee shall engage in a timely, good faith, and

interactive process to determine effective reasonable accommodations to enable the employee to perform the essential functions of the employee’s job. An employer may require that the documentation about the need for reasonable accommodation come from an appropriate health care or rehabilitation professional. An employee shall not be required to obtain documentation from an appropriate health care or rehabilitation professional for the following accommodations: (1) more frequent restroom, food, and water breaks; (2) seating; and (3) limits on lifting over 20 pounds. Written notice of the right to be free from discrimination in relation to pregnancy and related conditions, including the right to reasonable accommodations for conditions related to pregnancy or related conditions, pursuant to this subsection shall be distributed in a handbook or other means. The legislation is expected to be passed by the Massachusetts Senate and then forwarded to the Governor’s desk for his approval. To review the recently passed legislation, please visit: https://malegislature.gov/Bills/190/H3680. continued on page 13

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Legislative Update continued from page 11

United States EPA Works to Improve Water Quality in Mystic Tributaries

Water Act have eliminated in excess of 37,000 gallons he United States Environmental Protection Agenof sewage per day from discharging in to storm drains cy (EPA) recently announced that it has entered in the Mystic River watershed, and have eliminated into an agreement with the Town of Belmont, MA nearly 200,000 gallons per day of sewage discharging to address stormwater discharges of pollutants to the in to the Boston Harbor watershed as a whole. Mystic River watershed. While the Town has completed several rounds of sewer repairs over the past few years, For more information about EPA's Mystic River recent EPA data indicated sewage from cracked and efforts, visit EPA's web site at https://www.epa.gov/ leaking sewers was making its way into the storm drain mysticriver. n system and discharging to surface waters in the Mystic River watershed, including Winn’s Brook, Wellington Aon Risk Solutions Brook, and the Little River. Construction Services Group The agreement, in the form of an Administrative Order on Consent, requires the Town to submit an Illicit Discharge Detection and Elimination Plan, assess its sanitary sewer system, and remove all illicit discharges to the system within five years. If removal within five years is not possible, the town must As the leading provider of risk solutions to the construction industry, Aon submit a schedule to EPA for approval. Construction Services Group partners with clients to provide insighful According to a press release from analysis, strategic direction and creative solutions backed by our dedicated the federal agency, this agreement is team of construction experts and the strength of Aon’s global network. part of a larger effort by EPA New Eng-

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UCANE Delegation Travels to Washington, DC to Meet with Legislators and Clean Water Construction Coalition Members UCANE members and staff recently traveled to Washington, DC to participate in Infrastructure Week, as part of the Clean Water Construction Coalition (CWCC), to discuss local and national water infrastructure issues with members of the Massachusetts Congressional delegation, as well as fellow CWCC members from across the country. UCANE President Paul Scenna of Albanese D & S, Inc., Mike Lenihan, former President of J. D’Amico, Inc. and current UCANE consultant, and Jeff Mahoney, Assistant Executive Director, represented UCANE. Some of the issues advocated by UCANE and discussed with members of the delegation included: FY17 and FY18 Clean Water/Safe Drinking Water SRF Funding: UCANE and the CWCC always support the highest possible funding levels for the Clean Water and Safe Drinking Water State Revolving Funds (SRF's) in the annual appropriations process. For FY17, approximately $1.3948 has been appropriated for the Clean Water SRF and approximately $863M for the Safe Drinking Water SRF, both at the FY16 enacted levels, which the CWCC actively advocated throughout the current fiscal year appropriations process as the minimum levels needed to support the programs. For FY18, the CWCC has advocated for triple funding of the SRF's per President Trump’s America's Infrastructure First campaign proposal.

Federal SRF Legislation The CWCC has been working closely with Congressman Peter Defazio (D-OR), Ranking Democrat on the Transportation and Infrastructure Committee, on his "Water Quality Protection and Job Creation Act," which also could be added as part of a mega infrastructure bill. The bill authorizes $20 billion for the Clean Water SRF; $2.5 billion for combined and sanitary sewer overflows and for recapture and reuse of municipal stormwater; and, $375 million for alternative water source projects. The CWCC continues working with Congressman Jerry McNerney (D-CA) on his "Water and Energy Sustainability through Technology and Regional Self-Sufficiency Act of 2017." The draft bill includes all of the CWCC's suggested changes to the Alternative Water Source

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(L-R) UCANE Assistant Executive Director Jeff Mahoney, former President of J. D’Amico, Inc. and current UCANE consultant Mike Lenihan, and UCANE President Paul Scenna of Albanese D&S, Inc. at the CWCC Fly-In in Washington DC. continued on page 17

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CWCC Fly-In continued from page 15 Projects Program, and reauthorization of the Clean Water SRF at $100 million increments over the current $1.3 billion figure. The CWCC also worked with Congressman Earl Blumenauer (D-OR) on his "Water Infrastructure Trust Fund Act of 2017." The bill would establish a national fund financed by a voluntary labeling fee of three cents per unit on applicable water related products with funding to be split equally between the Clean Water and Safe Drinking Water SRFs. Congressman John Duncan (R-TN) cosponsored the bill. Upon introduction of the bill, the CWCC was cited as one of the key supporting entities.

(L-R) Massachusetts Congressman Bill Keating with Paul Scenna, Jeff Mahoney, and Mike Lenihan

Mega Infrastructure Bill Via his "America's Infrastructure First" proposal, the President has recommended $1 trillion over 10 years including tripling funding of the SRF's. Work in the Administration is being led by National Economic Council Director, Gary Cohn, former President and CEO of Goldman Sachs. DJ Gribbin, Special Assistant to the President on Infrastructure Policy, formerly

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with the Bush Administration is also in the council. CWCC members have met with Mr. Gribbin and expressed support for the President's SRF funding proposal. Other "water" stakeholders have met with him as well; the common cause being funding for the SRF's. The Administration is targeting August for action on infrastructure. They're discussing some federal spending in the proposal, not just tax credits or federal bonds. The President has talked about using repatriated funds that may account for $200 billion. In January 2017, eight Democratic Senators announced an infrastructure plan. Their plan is for 10 years and invests $1 trillion, including $110 billion for water. Senate Minority Leader Charles Schumer (D-NY) said the Federal Highway Administration estimates that for every $1 billion spent, 13,000 jobs lasting at least one year are created. The bill would be funded by Pumps, Generators, & Light Towers public and private funds. In the House, Speaker Paul - Submersible Pumps - Engine Driven Trash Pumpsmoney offset by Ryan wants all public infrastructure - Engine Driven Diaphragm Pumps private funds. The CWCC-- Portable will Generators continue to strongly adMobile Generators - Mobileinfrastructure Light Towers vocate for consensus on an bill. Aerial equipment - Electric Scissor Lifts - Rough Terrain Scissor Lifts - Boom Lifts - Rough Terrain Telescoping Forklifts - Industrial Forklifts

House Clean Water Caucus The CWCC was recently invited to a meeting with the House Clean Water Caucus. Congressmen John Duncan(R-TN) andAsphalt, DanMasonry, Lipinski (D-IL) are co-chairs. & Demolition Equipment - Curbilder Machines Also invited were the U.S. Water Alliance, the Sus- Asphalt Rollers - Mixers tainable Water Coalition, and the Water Infrastructure - Street Saws Network (WIN). The of the meeting was to - Cut purpose Off Saws - Compressors discuss the Caucus agenda for the 115th Congress - Drilling Tools and its efforts to get- Demolition members. The meeting began by Tools describing what the Caucus did in the last Congress. It hosted only two hearings - one on technology and Earth Moving Equipment Excavators the-- Crawler other on innovative Compaction programs in Denmark. - water Vibratory Rammers Loader Backhoes - Straight & Reversible Plate Compactors - Track its & Wheeled Skid Steers Also, membership was very low. For this Congress, - Trench Rollers - Wheel Loaders - Single Drum Dirt Rollers the-- Dozers Caucus wants to be very active and sought input Rock Trucks on its agenda. Previously, the CWCC had submitted a suggested outline (eight areas which could serve continued on page 19

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CWCC Fly-In continued from page 17 as the basis for one event per quarter for the next two years with suggested different forums, targeted participants, and a final report). It was decided that we would all submit our suggestions and go from there. They also would like the CWCC's help in getting Caucus members. The Caucus continues to express interest in the CWCC not only playing a background role in the planning of activities, but also a visible role in the public process. The CWCC was formed in 2006 by several large construction associations from across the country that came together to promote federal legislation that improves water and wastewater infrastructure nationally. CWCC includes 29 associations, representing 17 states and over 6,000 firms. The states represented in the Coalition account for approximately 70 percent of the total annual national funding for the Clean Water SRF (per EPA's 2015 allotment) and approximately 58 percent of total annual funding for the Safe Drinking Water SRF (per EPA's 2014-2016 allotment). n Paul Scenna, Jeff Mahoney, and Mike Lenihan met Massachusetts Congressman Mike Capuano (top) and Congresswoman Niki Tsongas (bottom) at the CWCC Fly-In. 201 Jones Road, Suite 645 Waltham, MA 02451 Phone: (781) 398-9840 Cell: (508) 400-3679 exitstrategiesgroup.net

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Business Owners Success When TheyThey CarveCarve Out Time Business OwnersFind Find Success When Out Operations on an Basis Basis Time to to Evaluate Evaluate Operations onAnnual an Annual

Most business become so immersed in immersed the these obligations? Are the terms still favorable? ost owners business owners become so in ofproperty Business Financials daily operation and management of their business that of their • Review Leases – real and equipment the daily operation and management • Contracts with other third parties – purchase agreements they don’t set aside time to evaluate its operations. An anbusiness that they don’t set aside time to 6. Business Projected insurance Income Tax Liability nual gathering of a business owner and his or her close evaluate its operations. An annual gathering of a busi☐ Has new real property been acquired? Was this property advisors—including a trusted attorney, accountant, inValuation • Succession Planning ness owner and his or her close advisors—including Business added to the company’s insurance policy? surance professional, and other financial advisors—is ☐ Is all equipment covered? a trusted attorney, accountant, insurance professional, Contractual • Business Insurance an excellent opportunity to review the business as well as ☐ Are thereObligations any new exposures that should be mitigated and other financial advisors—is an excellent opportuniaccomplishments or setbacks that might shape the overall through insurance? to review the business as well as accomplishments Banking Considerations 7. Banking considerations • Business Legal Documents futuretyplan for the company.

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ness advisors to communicate with each other, encouraging open dialogue and cooperation throughout the planning process.

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How to Identify a Lead Service Line

n page 49 of the May 2017 issue of Construction Outlook, we provided a simple method for homeowners to determine if their water service was a lead pipe. Thanks to UCANE member and water service replacement expert Steve Kelley (P. T. Kelley, Inc. of Somerville, MA), we want to provide the following information to our readers. Although the procedure on page 49 will identify a lead service pipe, it will not identify a lead “lined” service pipe. This is a water service pipe made with an iron pipe exterior and a thin lead lining added to the interior of the pipe during manufacturing. This product was made from the 1890s until approximately the mid 1970s and competed with other types of water service products offered during that period, including lead service pipe. Interestingly the lead lined iron pipe was patented and made by the Lead Lined Iron Pipe Company located in Wakefield, MA. The company ceased operation in the late 1980s shortly after the EPA issued a total ban on lead in drinking water products (1986).

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This pipe can still be found in water services to older homes located in some Massachusetts communities. A magnet will stick to the iron service pipe, but there could still be a lead lining inside the pipe, and in contact with your drinking water. The only way to identify if the iron pipe has a lead lining would be to cut out a section of the pipe, which would require a shutoff of your service, or you can to test the water at your tap. Please contact your local water department prior for further information and options if you have an iron service pipe entering your basement. n

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Legislature to Debate Significant New Employment Laws Massachusetts presently provides its work force with greater rights and protections than most other states and the federal government. Three (3) bills presently pending before the Legislature could significantly expand these rights: (1) The Massachusetts Pregnant Workers Fairness Act, H3659 (PWFA); (2) An Act Establishing a Paid Family Leave and Medical Program, H2172 (FLMP); and (3) An Act to provide bereavement leave, S990(BLA). Each of these bills enjoy varying degrees of support. The following is a brief synopsis of each of these laws. (1) The PWFA expands the rights of pregnant workers. Upon its likely passage, it will require employers to provide pregnant workers accommodations similar to the accommodations offered to disabled or handicapped workers. Aside from anti-discrimination protections and time off protections under various leave laws, in the absence of a medical or psychological complication arising during pregnancy, pregnant workers are not entitled, as a matter of law, to an accommodation. To remedy this situation, the PWFA would amend M.G.L. c. 151B, the Massachusetts Fair Employment Practices Act, to require employers to reasonably accommodate qualified pregnant women. For example, if enacted, this law would require employers to notify pregnant women of their right to accommodation. The employer will be required to engage in an interactive process with the pregnant or nursing employee to establish a reasonable accommodation. Accommodations could also include modified work schedules, lifting restrictions, temporary transfers to less strenuous positions, or things as simple as a stool to sit on or more frequent bathroom breaks. In certain circumstances, employers will be allowed to require employees to provide medical documentation to support the need for an accommodation. On the other hand, an employer could not require an employee to take a leave of ab-

JUNE, 2017

sence as an accommodation if another reasonable accommodation exists. The law would also prohibit employers from retaliating against applicants or employees who request or use a reasonable pregnancy related accommodation. An employer will be required to provide an employee a notice of her rights under the Act within ten (10) days of the employee notifying the employer of her pregnancy. Failure to reasonably accommodate will subject an employer to the same remedies enjoyed by qualified handicapped or disabled workers who are denied their rights. Unanimous passage of the PWFA by the House signifies the broad support this bill enjoys. (2) The FLMP, if passed, will, expand employee paid time off for certain qualifying events in addition to the paid time off allowed under the Massachusetts Earned Sick Time Law. Under the FLMP family leave will include time off during the first twelve (12) months of a child’s birth, or the first twelve (12) months after the placement of the child for adoption or foster care, or a serious health condition of the employee or a family member, or a qualifying exigency, as defined under the Family and Medical Leave Act arising out of matters related to being on active duty in the armed forces. A qualified employee will be eligible for a maximum of twelve (12) weeks of continued on page 25

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JUNE, 2017

Labor Issues continued from page 23 family leave in a benefit year. Employees may take this leave intermittently or in a reduced leave schedule. The FLMP requires an employer to engage in a good faith interactive process with the employee to determine what is a reasonable intermittent or reduced leave. The dollar amount of weekly paid leave shall be determined based upon a benefits schedule adopted by the Commonwealth, but will not exceed $650 per week. The amount of benefit may be reduced by any monies received by the employee under a government program, a permanent, temporary, or paid family or medical leave policy of an employer. These benefits shall be financed by the establishment of private plans or agreements approved by the state or the establishment of a family employment security trust fund administered by the Office of the State Treasurer. The State Treasurer shall be granted broad authority to administer and secure these funds. The FLMP requires employers to provide notice of this benefit to their employees and prohibits employers from retaliating or discharging or otherwise discriminating against any employee for exercising any right under this law. The adoption of an FLMP plan by cities and towns is optional. At present, support for the FLMP does not share as deep or broad as for the PWFA. Interestingly, a six (6) week paid leave

program is found in the Trump budget submitted to Congress in May 2017. (3) If enacted, BLA will provide employees time off arising from the death of a family member. A family member is defined to include a child, parent, legal guardian, spouse, or person in a substantive dating or engagement relationship with an employee and who resides with that employee. Under BLA the employee will be permitted to take bereavement leave for up to ten (10) business days in any 12 month period to: (1) make arrangements necessitated by the death, including but not limited to, funeral arrangements, estate preparation, or other legal arrangements; (2) attend a funeral or an equivalent, or (3) grieve. BLA must be taken within 30 days of the date the employee receives notice of the death. The leave may be paid or unpaid and nothing in the bill shall be construed as decreasing bereavement leave provided by company policies or practices, a collective bargaining agreement, or federal, state or municipal law. The bill permits an employer to require proof of death, such as, a medical record or police report.

Each of these laws would grant employees significant new rights and impose new burdens of hundreds of thousands of employers. n

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“BUY FROM THE ADVERTISERS IN CONSTRUCTION OUTLOOK”

I n M emoriam

A nthony Susi

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ith great sorrow, we mourn the loss of longtime UCANE member and friend Tony Susi, of Milton, MA, who passed away peacefully on May 13, 2017. Tony was the beloved husband of the late Patricia A. (Duggan); devoted father of Marianne McGonagle and her husband Steven, Kristina Diomede and her husband Peter, and the late Michael Susi; cherished grandfather of Daniel, Brendan, Kaitlin, Ryan, and Lindsey. Tony was born in Boston, grew up in Dorchester, and graduated from Dorchester High School. Soon after his graduation, he started the A. Susi Construction Company, which he and his wife

Patricia ran for many years. Tony was an active man with many loves and hobbies. He was happiest boating and fishing. For many years he and his wife piloted their boat to Jupiter, Florida for the winter. He also enjoyed scuba diving, learning to fly a plane, and spending summers in Pocasset on Cape Cod, where he often went quahogging and lobstering. Tony had a large vegetable garden every year and also enjoyed hatching and raising chickens; as well as, making his own red wine and cooking. The Officers, Board of Directors, Members, and Staff of UCANE extend their deepest sympathies and condolences to the Susi family. n

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with UCANE’s Officers and Board Members How did you get started in the underground construction industry and what was your first job? As a young boy, my first memory of the construction industry was standing in the cab behind my dad while he operated an excavator and installed pipe on a project in Dracut, MA. Even today, I still recall my earliest sense of neighborhoods and local cities and towns by hearing my dad and family members discuss on-going projects and then accompanying them to watch as they performed the projects. My first employer is still my present-day company and employer, R. M. Pacella, Inc. The first project I recall participating in was installing a new water main on a section of Fuller Street in Plainville, MA. How long have you been with the company you currently work for? I have been involved with R. M. Pacella, Inc. in some capacity as far back as I can remember. I have worked full time for R. M. Pacella, Inc. for the past 21 years. How long have you been involved with UCANE? My family has been involved with UCANE since its inception. I’ve personally attended events regularly for the past 15 years and I have served as a member of the Board of Directors for 41/2; years and later accepted to move up the ladder to an Officer position. How and why did you decide to get involved with UCANE?

JUNE, 2017

UCANE President Elect Richard Pacella, Jr. President of R. M. Pacella, Inc. Many members of the Pacella family have played an important role in this organization. They believed deeply in the positive work that UCANE was doing to unite underground utility contractors in an effort to speak with a unified voice on much needed underground water and sewer work. They worked at both the state and federal levels to let our elected officials know about the need for substantial funding and they spoke about the problems faced by contractors and the need to have uniform excavation and safety regulations. That gave me an appreciation of the need for an organization like the Utility Contractors’ Association of New England, Inc. Given the chance to participate, I found it to be a good opportunity to continue a family tradition in hopes that I could help make improvements to the underground utility industry that benefitted our company as well as all contractors. An added benefit was joining with other contractors to reach consensus on many issues facing our Industry. continued on page 31

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Under the Hard Hat continued from page 29 What is the nature of the industry as you currently see it? Construction as a whole is positively evolving to digitization. Laptops, smart phones, and global positioning systems continue to streamline the methods and manpower required to bid, manage, and construct our projects. These technological advances are extremely necessary to keep pace with changing regulations and performance standards. The expectations and liabilities associated with our daily construction activities have become seemingly unmanageable without digital tools. What would you like our membership to know about being a UCANE Officer/ Board Member? Because of local, state, and federal laws governing the construction industry, including those regarding very strict bidding, safety, and labor regulations; and project funding mechanisms that combine all funds and grants from all three levels of government, our industry

tends to be hypercompetitive. With the number of projects being somewhat limited each year, contractors are required to continually gauge our fellow contractors workload and resources, negotiate with vendors and mediate with awarding authorities in order for our bid to be successful. Naturally this intense competition for work can develop a sense of adversity. Having the opportunity to participate as a member of the UCANE Board of Directors quickly revealed to me that while each contractor is fiercely independent, each has respect for other contractors and wants others to be successful as well. This produces a sense of unity in purpose to make our Industry more effective in getting our message out to the public, and elected officials. A common goal is working together to make our workplaces safer. UCANE unites individual contractors and gives them a truly strong voice, which advocates for clean drinking water and pollution free wastewater systems. Being an active member of UCANE brought me many new friendships and helped our company to grow and be successful. UCANE strengthens individuals by bringing them into a cohesive group of effective businessmen and women who have many mutual issues to debate and resolve together. Hopefully, together we can continue to make a positive impact on our businesses, our workers and our Industry. n

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Lorusso Heavy Equipment LLC 160 Elm Street • Walpole, MA 02081 Phone: 508-660-7600 • Fax: 508-660-7614 www.lhequip.com 32

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JUNE, 2017

I n M emoriam

J. Barry Driscoll

J. Barry Driscoll Insurance Agency, Inc.

e are deeply saddened to announce that on May 11, 2017 long time UCANE member and friend J. Barry Driscoll, passed away at the age of 87. J. Barry was the loving husband of Kathryn (Cauley); beloved father of Brian and his wife Tracy of Boston, Dennis and his wife Aimeé of Milton, Jay and his wife Mary Lou of South Boston, Jane and her husband John Henesey of Hingham and Sally and her husband Andrew Shannon of Milton; he was the loving “Grampy” to 17 grandchildren. J. Barry was born and raised in Milton, and graduated from Boston College. He served in the U.S. Navy as a Lieutenant and married Kathryn in 1955 after meeting at the Cliff Hotel in Minot, MA. He was part of a group of pioneers who started

JUNE, 2017

Milton Youth Hockey in 1967 and was an active member of Wollaston Golf Club. He developed wonderful friendships at Wollaston, Hatherly Country Club in Scituate, and Marco Island Golf Club in Florida. He celebrated a hole in one 6 times in his golf career. He founded the J. Barry Driscoll Insurance Agency, Inc., specializing in insurance for the construction industry in 1960. His work ethic was second to none and the cornerstone of his business, like his life, was to be ethical, treat others as you want to be treated, and give back to employees and your community. The Officers, Board of Directors, Members, and Staff of UCANE extend their deepest sympathies and condolences to the Driscoll family. n

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UCANE’s 43rd Annual Scholarship Awards Night... Continuing an Honored Tradition Take pride in how far you’ve come. Have faith in how far you can go. But don’t forget to enjoy the journey. ~Michael Josephson

erriam Webster defines “Tradition” as an established or customary pattern of action or behavior. If “Tradition” were to be given a name, then UCANE’s College Scholarship Program would be the perfect candidate. Even after 43 years, UCANE’s Annual Scholarship Awards Night remains a very special evening for our members and our scholarship recipients. Our members take great pride in continuing the honored tradition of awarding twelve $2,000 scholarships to our recipients who are the sons and daughters of our members and their employees. For the past 43 years, UCANE members have wholeheartedly supported this program by awardimg more than $1 million dollars in scholarships. On May 24, the Four Points Sheraton Hotel in Norwood, MA was once again the location for UCANE to recognize and reward the outstanding achievement of these remarkable high school seniors. Although these students come from various backgrounds and have different interests and activities, they all share common traits; academic excellence, community service, and a spirit of volunteerism. These students were celebrated for being this year’s scholarship winners by their families, friends, UCANE members, and

guests at a dinner that was sponsored by C.N. Wood Company, Inc. The evening began with UCANE Executive Director Anne Klayman recognizing the importance of our scholarship program to the UCANE membership. “It is only through our member’s generosity that UCANE has been able to sustain this program throughout the years,” she said. “Our members think so highly of this program that they turn to it to memorialize their loved ones or someone highly revered in their company. This year, our longtime member and friend Phil Jasset will be memorialized with one of our scholarships. In fact, this year, all of our scholarships are Memorial Scholarships.” Anne once again thanked Todd McDonald and Broadstone Advisors, LLC for sponsoring our keynote speaker. Each year, UCANE’s friend and former New England Patriot Offensive Lineman Joe Andruzzi recommends a sports celebrity who has a life story that exemplifies the strength of character needed to overcome whatever may come their way and provide an inspirational message to our scholarship winners and collective audience. This year, Joe enthusiastically suggested David Andrews (#60), Patriots’ Starting Center, to be our keynote speaker.

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JUNE, 2017

David was born and raised in Georgia. After a standout career at the University of Georgia, he went undrafted in the 2015 NFL Draft, but signed with the New England Patriots as a free agent. He stood out in Patriots training camp and made the 2015 53-man roster and started as Center in week one against the Pittsburgh Steelers. He became the third rookie free agent to start opening day under Patriots Head Coach Bill Belichick. As Anne noted in her introduction, “Not only does David hike the ball to Tom Brady, but he also protects our ‘prodigal son’ from rushes up the middle, which in the past has been problematic.” In 2016, David started all 16 regular-season games for the Patriots on an offensive line that led the team to a 14-2 record. He started in Super Bowl LI against the Atlanta Falcons in the first overtime game and, as we all know, the largest comeback in Super Bowl history. The Patriots trailed 28-3 in the third quarter, but rallied to win 34-28. David’s message to the students was brief, simple, and powerful. He told them to pursue their dreams. He said if someone told him just a couple of years ago that he would be addressing a group of students, not much younger than himself, as a professional football player, he never would have believed it. But here he was, giving an inspirational message about achieving goals, and speaking as the Starting Center of a Super Bowl Championship Team. David then answered questions from the audience about his career and the Patriots. He said that there was never a sense of panic in the locker room during halftime of the Superbowl game. The players all believed that continued on page 00

Victoria and Angelina Zoppo with New England Patriots Starting Center David Andrews

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Scholarship Awards Night continued from page 37 they could come back to win. When asked why, as a free agent, he chose the Patriots over other teams he said, “In order to be the best, you have to prove you can play with the best.” His remarks were met with lengthy applause. Anne then began the formal Scholarship Awards presentation by explaining that our applicants are judged in a number of areas, not just their academics. They include class standing, scholastic honors, SAT and achievement test scores, their extracurricular activities both in and outside of school, community and volunteer service, their career objective, and the maturity and presentation of their essay. Each applicant is reviewed and graded by a committee of educators who are not affiliated with UCANE. The 12 young men and women were then introduced and their impressive resumes that earned them their scholarship was read. David presented the scholarship along with company and family representatives in whose honor each Memorial Scholarship is named. Each of these exceptional students also took to the podium to thank their family and UCANE for their award.

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Anne ended the evening by again congratulating our 12 scholarship recipients and thanking David Andrews for taking time from his family and training to attend this event. It was a special evening that the students, and everyone in attendance, will long remember. n

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Riley Beauregard

Joseph D’Amico Memorial Scholarship

iley is the son of Dan and Sarah Beauregard. Dan works for JESCO of Shrewsbury, MA. Riley attended Auburn High School, where he maintained honor roll status in all honors and advanced placement classes. He was a member of the National Honor Society. His extracurricular activities at school included serving as captain of the boy’s varsity soccer team, he was a member of the boys varsity basketball team, a member of the International Club, Students for the Environment, the C.A.R.E. program, and Auburn High School’s Leadership Ambassadors Organization. Riley’s instructional assistant wrote, “I have had the good fortune of knowing Riley since his freshman year, coaching him in an Auburn Selects basketball program…I have been able to watch him mature into the person he is today as captain of the varsity soccer team, where I also serve as the assistant head coach…Not only does Riley strive to lead his team vocally, but he also serves his team by leading by example.” Riley will attend Wentworth Institute of Technology, where he will major in Civil Engineering and minor in Business Management. James D’Amico of J. D’Amico, Inc. presented the Joe D’Amico Memorial Scholarship to Riley.

Ryan Connolly

Frank McCourt Memorial Scholarship

yan is the son of John and Tiffany Connolly. The Connolly family owns and operates ATS Equipment, Inc. of Boston, MA. Ryan attended Boston College High School, where he maintained high honors in his freshman through senior years in mostly honors and advanced placement classes. In addition to taking a demanding course of study, Ryan’s extracurricular activities at school include playing varsity football and being an all-star for varsity rugby and varsity indoor track. He served on the Leadership Council for the National Honor Society, he was a member of the Sports Debate Club, and was a Senior Mentor for incoming freshmen. Outside of school he was the leader of the hunger for justice retreat, which focuses on the homeless experience. In his spare time, he volunteers as a patient escort at Mass. General Hospital. His guidance counselor wrote, “Ryan is not only a focused and diligent scholar, but he is also a competitive athlete who has excelled in a range of sports… in my mind he is a gentle giant…who was not always the confident rugby catholic conference all-star that he is today… he initially had traces of the shy, unsure young man who first arrived on Morrissey Boulevard…which is why I was so shocked to see him bounce off tackles and into the end zone during the state championship game last spring. Ryan is a gifted athlete and a dedicated student who has all the tools to excel in his years ahead.” Ryan will attend Northeastern University where he will major in Health Sciences. His career objective is to become a Physician’s Assistant. Ryan McCourt of McCourt Construction Company presented Ryan with the Frank McCourt Memorial Scholarship in memory of his grandfather.

Joseph Feeney

Robert B. Our Memorial Scholarship

oseph is the son of Greg and Mary Feeney. The Feeney family owns and operates Feeney Bros. Excavation, LLC of Dorchester, MA. Joe attended Tabor Academy, where he has maintained high honor roll status in all honors and advanced placement classes. He was the recipient of the English Spotlight on Scholars Award in his junior year, and the National Latin Exam Cum Laude Award in his freshman through junior years. His extracurricular activities at school included: serving on the student council for four years, playing ice hockey and serving on the crew rowing team for four years, he was a math and Latin tutor, a school tour guide, and he served as class president in his freshman and sophomore years. His student advisor wrote, “Whether on the student government, as a residential proctor, or immersed in an academic group project, Joe possesses and presents a true love of learning, collaborative spirit, and a positive outlook…he is focused, accomplished, and best of all, unassuming…no doubt this is, in part, borne of a father whose immigrant experience typifies the ‘up by his bootstraps’ hard-won success story. The school is fortunate enough to count him among its own will be a better place for his presence and his commitment to hard work, honesty, and education.” Joe will attend Northeastern University, where he will major in Business and Economics. Joe was unable to attend our event due to another school commitment. Robbie Our presented the Robert B. Our Memorial Scholarship in memory of his gandfather to Thomas Jenkins who accepted on Joe’s behalf.

Erik Fuhrmann

Ronald Pacella Memorial Scholarship

rik is the son of John and Fara Fuhrmann. John works for Palmer Paving Corp. of Palmer, MA. Erik attended Bay Path Regional Vocational Technical High School where he maintained high honor roll status throughout high school, and was a member of the National Honor Society. He was named a State Championship Bronze Medalist by Skills USA, and he was a Presidential Scholar Candidate in the career and technical category in his senior year. Erik’s extracurricular activities at school included serving as co-captain of the varsity basketball team for three years. He also played football, and was on the track and field team. His outside activities included volunteering at the Special Olympics, the Red Cross Blood Drive, the Boy Scouts of America Troop 338 Eagle Scout, and he was a volunteer at the Bethlehem Lutheran church thrift shop. He has also held engineering co-op positions at G&F Industries in Sturbridge, and Northern Construction Co. His lead drafting instructor wrote, “Erik is a dedicated student…who has successfully demonstrated a willingness to learn and implement new ways to problem solve…and he is as unique as he is talented.” In his essay, Erik wrote, “Growing up, my parents only asked one thing of me, to be the best person that I could be. At a very young age, I was diagnosed with Tourette’s syndrome that made life very challenging both for my family and me. I never gave up hope that I could achieve anything I set my mind to.” Erik will attend Wentworth Institute of Technology, where he will major in Biomedical Engineering with a minor concentration in Electronic Automation. Joe Pacella of RJV Construction Corp. presented the Ronald Pacella Memorial Scholarship in memory of his father to Erik.

Emily Gerraughty

William Zoppo Memorial Scholarship

mily is the daughter of Michael and Debby Gerraughty. Debby works for C&S Insurance Agency of Mansfield, MA. Emily attended Mansfield High School, where she maintained high honor roll status in all honors and advanced placement classes. She was inducted into both the National Honor Society, and the Spanish National Honor Society and she maintained these honors throughout high school. Her extracurricular activities at school included being a varsity athlete since her sophomore year, a member of the track team all four years, and she played field hockey for two years. Her AP Biology teacher wrote, “Emily is an extraordinary young woman. I have had the opportunity and privilege of working alongside her in the capacity as her teacher for three years in my sophomore Honors Chemistry class, my full-year AP Biology course, and as a senior in my Honors Environmental Science class. Further, my relationship with Emily includes four years of close work as she served as the president of the Mansfield Wildlife Foundation Club to which I am the advisor…I have seen many examples of Emily’s ambition, innate knowledge, compassion towards her peers, and her vision for herself and our world…her aptitude for science, comprehension of content, and ability to synthesize and analyze are in the exceptional range…she is an extremely compassionate and reflective student and I am humbled by her reserved confidence.” Emily will attend the University of New Hampshire to study Biomedical Sciences, and Medical and Veterinary Sciences. Victoria Zoppo presented the William Zoppo Memorial Scholarship to Emily in memory of her grandfather.

Daniel Gioioso

Philip Jasset Memorial Scholarship

aniel is the son of Marco and Christine Gioioso. The Gioioso family owns and operates P. Gioioso & Sons, Inc., of Hyde Park, MA. Dan attended Xaverian Brothers High School where he maintained honor roll status in mostly all honors classes. He was a first honors recipient all four years. His extracurricular activities at school included being captain of his varsity wrestling team, he was a football letter winner his sophomore, junior, and senior years, captain of the team in his senior year, and won Xaverian Brothers Athlete of the Year. Outside of school Dan was a member of the Scholastic Clay Target Program where he shot trap and skeet for Walpole Youth Team in competition for over seven years. In addition, Dan volunteered at Blessed Sacrament elementary school working with the students. The Assistant Director of Athletics at Xaverian wrote, “I have coached and mentored Dan for the last four years, and during that time he proved that he will not allow himself to be outworked by anyone…whether as a student or a football player…what he showed me during that time is that he is very prideful…no matter what he does, he wants to be the absolute best at it and will outwork anyone who attempts to stop him…he is a down to earth, hardworking, roll-your-sleeves-up and get the job done type of guy.” Dan will attend Union College in New York where he will major in Mechanical Engineering and then go on to go to Law School. Doug Jasset presented Dan the First Annual Philip Jasset Memorial Scholarship in honor of his father. Frank Gioioso matched the scholarship on behalf of P. Gioioso & Sons, Inc.

Sarah Huber

Tony & Anthony Umbro Memorial Scholarship

arah is the daughter of Joe and Sharon Huber. Joe works for Schmidt Equipment of North Oxford, MA. Sarah attended Nauset Regional High School in Eastham, MA, where she maintained an all A average throughout high school. She was a member of the National Honor Society where she served as a volunteer coordinator. In addition, she received numerous awards including the Junior Science Award, the Smith College Book Award, and the Presidential Academy Achievement Award to name a few. Her extracurricular activities at school include playing girls ice hockey, and volunteering as a peer tutor in spanish, algebra, and biology. Her guidance counselor wrote, “Awesome, amazing, incredible… pick your superlative and you can use it for Sarah…she is a committed student, a dedicated athlete, an enthusiastic volunteer, and a devoted friend…academically, her record speaks for itself…she has chosen the most demanding curriculum we offer in our school and has succeeded at an extremely high level, ranking in the top 3% of her class.” Sarah will attend Worcester Polytechic Institute, where she will major in Biology. Her goal is to continue on to Veterinary School after obtaining her bachelor’s degree. Paul and Joe Umbro presented the Tony and Anthony Umbro Memorial Scholarship to Sarah.

Rose Kearns Herman Snyder Memorial Scholarship

ose is the daughter of Bill and Elizabeth Kearns. Bill works for Cullen, Murphy & Co., P.C. of Norwood, MA. Rose attended Westwood High School, where she maintained high honor roll status in all honors and advanced placement classes. She was also a member of the National Honor Society. Her extracurricular activities at school revolve around her love of music, performing, and music education. She was co-president of the Westwood High Drama Club, and she was member of the Tri-M Music Honor Society. Rose also belonged to the Boston City Singers, took voice lessons and violin lessons, and she taught at St. Denis Youth Faith Formation. Her guidance counselor wrote, “From early in the year, I was impressed by Rose’s academic skills as well as her determination to succeed. At the start of the year, she tended to approach assignments tentatively, but success bred more success, and her confidence ballooned… Rose stands out as a conscientious and focused student who has both a positive perspective and a wonderful sense of self.” Rose will attend Catholic University, where she will major in Music Performance and Music Education. Her goal is to either be a performer or a music therapist. Chris Morog of Hinckley Allen LLP presented the Herman Snyder Memorial Scholarship to Rose.

Katherine Pecora

Steve Barlow Memorial Scholarship

atherine is the daughter of Jack and Kristine Pecora. Jack works for J. F. White Contracting Co. of Framingham, MA. Katherine attended North Reading High School, where she maintained high honor roll status throughout in mostly honors and advanced placement classes. She was a member of the National Honor Society, and received the North Reading High School Excellence in Business Award and the St. Michaels Book Award. Her extracurricular activities included being a member of the Student Senate, student representative to the school committee, class Secretary, and she was a member of the Debate Club and the Political Society. She also was co-chair of Boston Children’s Hospital Teen Advisory Committee, an ambassador of the Muscular Dystrophy Association, a member of the Congressional Youth Cabinet to U.S. Representatives Seth Moulton and John Tierney, a youth service mentor, and a religious education teacher. Her guidance counselor wrote, “Things have not always been easy for Katherine, but you would never know this as she greets you every day with a big smile on her face. Katherine has rare form of Spinal Muscular Dystrophy where the muscles slowly deteriorate. She may not be able to participate in sports, but she absolutely does not let this disease stop her from doing anything else. She wants to become a lawyer and fight for the rights of sick children.” Katherine will attend the only school she applied to, UMass Amherst, where she will major in Political Science with a focus on Public Policy, and will pursue Pre-Law degree. Kevin Cole presented the Steve Barlow Memorial Scholarship to Katherine. This award is especially meaningful to the Pecora family because John Pecora worked with Steve Barlow.

Elizabeth Sherman

Robert DeSanctis Memorial Scholarship

lizabeth is the daughter of Matthew Sherman and Kathleen Gapp. Matt works for Simpson, Gumpertz & Heger, Inc., of Waltham, MA. Elizabeth attended Melrose High School, where she maintained high honor roll status in mostly honors and advanced placement classes. She was member of the National Honor Society. Her extracurricular activities at school included being Secretary of her senior class, she played varsity softball, was a member of the Spanish Club, the Drama Club, and she was a two-time Student Tech Director. Her social studies teacher wrote, “I formally met Elizabeth as a member of the crew for the middle school theater program. Her freshman year, I had the pleasure to work with her as a member of the Melrose High School drama club, to which I am the advisor and director… additionally, I have had Elizabeth as a student in both my AP United States History and AP United States Government and Politics courses…she has presented herself, both in and outside the classroom, as a true expert with a maturity far beyond her years.” Elizabeth will attend Cornell University, where she will major in Civil Engineering, and minor in Business or Economics. Jordan Tirone and Jonathan Duggan from the Desanctis Insurance Agency, Inc. presented the Robert Desanctis Memorial Scholarship to Elizabeth.

Andrea Skawinski

Arnold Belli Memorial Scholarship

ndrea is the daughter of John and Christine Skawinski. John works for Pawtucket Hot Mix Asphalt of Manville, RI. Andrea attended Cumberland High School in Cumberland, RI, where she maintained honor roll status in mostly honors and advanced placement classes throughout high school. She was a member of the National Honor Society, and the World Language Honor Society. Her extracurricular activities at school included being a member of the indoor track team, the outdoor track team, placing 2nd in the pole vault event, taking part in student government, she was treasurer of the Portuguese Club, a freshman mentor, and was a volunteer at the homework help center. Her biology teacher wrote, “Andrea is an exemplary student in every sense of the word. Her curiosity, classroom leadership, responsibility, and integrity are admirable, and her work quality is commendable…she is truly driven, organized, responsible, respectful, mature…and a remarkable person.” Andrea will attend the University of Connecticut, where she will major in Biology and upon graduation she will enroll in medical school. Her goal is to become a Radiologist. Cindy Sementelli and Lisa Defelice presented the Arnold Belli Memorial Scholarship to Andrea in memory of their father.

Julia Telman

Richard McCourt Memorial Scholarship

ulia is the daughter of David and Lynda Telman. Dave works for C. C. Construction, Inc. of South Dennis, MA. Julia attended Nauset Regional High School in Eastham, MA where she maintained high honor roll status in mostly honors and advanced placement classes and she was a member of the National Honor Society. Her extracurricular activities at school included serving as President of the Feminism Club, she is a member of the Steminist Club, the Human Rights Academy, Student Senate for the class of 2017, the Gay-Straight Alliance, and the Haiti Club. Her honors chemistry teacher wrote, “Julia is one of those great students who comes to class prepared each day, not only with the answers, but also with great questions. She is a very creative thinker who regularly brings the ‘what if’ or ‘how about’ perspective to class discussion. She possesses an enthusiasm for learning that helped make the class a success. Her interest in science covers a broad spectrum and led her to help organize Nauset’s Steminist Club, which consists of female students who are interested in going into career fields such as science, technology, engineering, and mathematics.” Julia will attend George Washington University, where she will study Pre-Med as her major. Her career goal is to become an Ob-Gyn. Ryan McCourt presented the Richard McCourt Memorial Scholarship to Julia in memory of his father.

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Cape Leaders Look to Tap Rental Tax for Wastewater Projects Proposed Cape Cod Water Protection Trust proposal to tax short-term internet rentals

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tate legislators and a coalition of towns, environmental and business leaders are hoping Cape Cod can tap into the vacation rental business to create a dedicated revenue stream to help pay for the region’s multibillion-dollar wastewater cleanup. “This is one of the rare instances where the politics and the policy line up,” said Andrew Gottlieb, executive director of the Association to Preserve Cape Cod. “It’s a billion-dollar property tax relief program, an opportunity to do something transformative.” During a recent meeting with the Times editorial board, members of the Cape Cod Chamber of Commerce wastewater task force, town officials, state Rep. Sarah Peake, D-Provincetown, and state Sen. Julian Cyr, D-Truro, cited a statistic showing wastewater flow for the region more than quintupled for the four weeks between mid-July and mid-August. That seasonal peak doubled or tripled the cost of wastewater management solutions for Cape towns when compared with municipalities with similar year-round populations but no real influx of tourists. The group backs legislation filed by Peake in January that would create a 2.75 percent local wastewater fee collected along with the rooms tax. Towns would decide for themselves whether to levy the wastewater fee, which would then be deposited in a Cape Cod wastewater trust fund. Cyr said that the Senate could take up a budget amendment he has filed that would establish the Cape Cod Water Protection Trust — what is being

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called “the bucket” — where the wastewater fee as well as state, federal and other funds dedicated to offsetting wastewater costs for Cape towns could be deposited. Trust money would be disbursed to towns as low interest loans or grants. Decisions on awards would be made by a board of trustees with representatives from each Cape town and two appointees named by the governor. Administrative costs are capped at 4 percent, and the trust has no powers to build, own or operate any facilities, Cyr said. The 2.75 percent figure is not set in stone, and details for how the fund would function are still being worked out, Cyr said. Importantly, the proposal doesn’t create a new authority like the Massachusetts Water Resources Authority, Gottlieb said. The idea of a separate entity like the MWRA has been met with stiff opposition on the Cape. continued on page 49

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Spotlight on Cape Cod continued from page 47 State lawmakers are likely to approve taxing rentals arranged through online companies such as Airbnb one way or the other, if only to level the playing field for hotels, and the Cape might as well get its share, Northcross and the others said. Orleans Selectman Alan McClennen said his town balked at the price of its wastewater cleanup plan four years ago and has been struggling to find alternatives acceptable to voters. “If we had this, we could cross that line,” he said. Under the water protection trust, towns can opt in and have a seat at the table in deciding how the funds are spent. Every town would receive at least as much as they put in to the fund and in most cases more as it is augmented with other revenue, Peake said. Towns that decide to collect the wastewater fee must apply it not just to hotels, motels, bed and breakfasts, and properties that are rented using real estate agents, but also to the expanding number of homes rented over the internet by companies like Airbnb. “There are 19,000 bedrooms in hotels, motels and B&B’s (on the Cape),” Cape Cod Chamber of Commerce CEO Wendy Northcross said. “There are 58,000 second homes on Cape Cod competing with that.”

Last year, Northcross said, her organization saw a prominent shift in seasonal rentals to online companies. The Cape is one of the last resort areas to adopt such a tax, Cyr said. Data collection by online rental sites and tax records would help with enforcement, Peake said. “The idea was to find new revenue at a nexus between the source of the problem, the peak flow from mid-July to mid-August that drives the response (more wastewater infrastructure),” Gottlieb said. “This is an opportunity to marry a funding stream to a problem. It brings outside funds to the Cape.” Northcross said her agency’s research shows that renters didn’t begin to object until the fees added to their room rental hit 18 to 19 percent. The additional water trust fund money combined with the state and local rooms tax could only add up to less than 15 percent. “This is well within the range of customer acceptance,” Northcross said. The chamber’s wastewater task force had been searching for ways to help fund the region’s wastewater cleanup. Once estimated to cost $8 billion, that amount was cut in half after the Cape Cod Commission updated the region’s wastewater management continued on page 51

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Spotlight on Cape Cod continued from page 49 plan two years ago and added alternative treatment methodologies that were dramatically cheaper than traditional sewering. But even at $4 billion the remedies required under each town’s wastewater management plan still dwarf all other municipal projects ever undertaken in any town. In fact, the commission, state and U.S. Environmental Protection Agency all agreed that Cape taxpayers were capable of paying for only half that amount. The rest was to be split evenly between the federal government and the state at $1 billion apiece, according to the regional plan signed by both the EPA and the state. But where that $2 billion in state and federal money would come from wasn’t spelled out in the agreement. Task force members say they hope the trust fund will be a solution to the state’s contribution. One way or the other, however, the bill for treating the region’s wastewater has to be paid, whether voluntarily or as mandated by a court, Gottlieb said. “It fills a need to bring in $20 million a year from the state,” Gottlieb said. “If (voters) don’t like this, no one else is waving a billion dollars at them.” Written by Doug Fraser. Reprinted with permission from Cape Cod Times. continued on page 53 Untitled-6 1

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Spotlight on Cape Cod continued from page 51

Harwich Supports Major Wastewater Funding

he cost of treating wastewater to sustain water quality was a weighty issue for some homeowners in a recent town meeting. After a lengthy discussion, a two-thirds majority vote passed approving more than $11 million to begin the second phase of the town's comprehensive wastewater management plan. The message was clear that if steps were not taken to address wastewater issues, the town would lose control under a court directive and the effort would be dictated by an outside agency, and would likely be much more expensive to local residents. The major funding request sought $9,035,000, which included $6,765,000 to treat 300,000 gallons per day at the Chatham wastewater treatment plant. The additional funds include design money for sewers in East Harwich and a connection with the Chatham system. The other article sought $2 million to address high nitrogen generation in the Saquatucket watershed through an attenuation project in Cold Brook. Finance committee member Larry Ballantine said the general objective is to reduce nitrogen in the Pleasant Bay watershed to maintain water quality. “The court is watching us to be sure progress is being made,” Ballantine said, referring to the Conservation Law Foundation suit that forced the county to update its 208 clean water plan. Ballantine also said the state Department of Environmental Protection could step in and declare the five watersheds in Harwich nitrogen sensitive areas and require homeowners to install alternative nitrogen-removal systems, tripling costs to homeowners.

Title 5 septic systems remove only 10 to 20 percent of nitrogen generated, Selectman Peter Hughes said. Having East Harwich wastewater treated in Chatham will remove 90 percent. He emphasized the town has spent more than $1 million in the planning process and another $1 million in implementing the first phase of the wastewater plan, the Muddy Creek Bridge, which will improve water quality and reduce the number of homes that will need sewering by 200. Hughes said there are about 600 homes in the Pleasant Bay watershed that will need sewer connections and about 50 percent of the homes across the town will need connections. The Chatham option is good for the town, he said, explaining that a treatment plant for East Harwich would require 10 acres and cost $12 to 15 million. He also said the board is looking at connection loans or betterment programs to assist homeowners with the cost of tying into the sewer system. continued on page 55

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Spotlight on Cape Cod continued from page 53 Ursula Corbett wanted to know if sewering would impact build-out numbers in the town. Hughes said there are no zoning changes associated with the requests, and Selectman Angelo LaMantia added no additional bedrooms will be allowed on lots. He said as the town continues to buy conservation land, it will reduce those potential build-out numbers. “Pleasant Bay is a beautiful body of water, but it's primarily in trouble,” Carole Ridley said. “Four towns abut the bay, and this plan will address Harwich's 25 percent of the problem. The longer we wait the more difficult it will be,” she said. “I don't want to pay any more taxes than now,” Stephen Parrella said. “I don't want DEP to tell us what to do. Would it be better for Harwich to fight this?” Gary Conroy said there would be close to $50 million in costs over the next few years to implement the next phase of the plan. Phase two is anticipated to cost about $32 million. He wanted to know the cost to taxpayers. Ballantine pointed out it will cost the median value homeowner $45 a year for this article and $160 annually to implement phase two of the plan. Conroy requested the town better prioritized expenditures so it is “not spending money all over the place.”

Len Thonus said the numbers are like federal government numbers and he had never heard of such numbers in a small town. He questioned how the town can continue to talk about affordable housing with these additional expenses. “We can't afford it,” Thonus said of the wastewater request. “I'm against the comprehensive wastewater management plan, the cost is unreasonable,” Jeff Hadley said, “I can't see the benefit can be close to the ridiculous cost to the town.” Michael Abdow said a lot of people from Orleans, Chatham and Harwich have been flushing into Pleasant Bay for years, but there is a bigger issue – seals. “They poop more than all the people flushing toilets in these three towns,” Abdow said. He cited the increasing seal population moving inside the bay to get away from the sharks. He suggested 30 percent of the contribution to the bay is from people and 60 percent is from wild animals. Leo Cakounes said DEP did not come down on its own, they were driven to take action by the CLF lawsuit because the state was not addressing the matter with the individual homeowners with septic systems. “If we do nothing the CLF will bring this lawsuit back and sue the homeowner. You'll be responsible for your own property,” Cakounes said. continued on page 57

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JUNE, 2017

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Spotlight on Cape Cod continued from page 55 “We're polluting our own embayments and our single-source aquifer,” Judith Underwood said. “Once that's gone we're in trouble. This is the way to solve it.” Selectman Julie Kavanagh said if the town does nothing, taxpayers will have to worry about property values decreasing. The cost of the sewer system is peanuts when compared to alternative onsite treatment systems that could be required on individual homeowners, she added. After more than an hour of debate, Allan Peterson called the question. Voters ended debate and Moderator Michael D. Ford ruled the $9 million funding article passed on a voice vote. The article required a two-thirds majority vote because it seeks funding as a debt exclusion and will require approval also on the annual election ballot on May 16. The Cold Brook article also gained the necessary two-thirds majority vote and will require approval in the ballot box. The $2 million will include alterations to the 60-acre former cranberry bogs located off Bank Street in a nitrogen sensitive area within the Saquatucket watershed. The property is owned by the Harwich Conservation Trust and the funds will include land acquisition costs. HCT Executive Director Michael Lach said the trust supports the board of selectmen's goal and supported the article. Carla Burke said a group of neighbors met with Lach because they had concerns about a rising water table flooding their basements. She wanted to know what the town would do to ensure this will not happen. Lach said the proposal is part of a complex goal of protecting water quality. He said water monitoring gauges have been installed and design adjustments could be made to prevent water build up. There already is a number of water control structures on the 60 acres that prevent water from flowing, he said, and

this plan would provide better flow and fish passage. “I think the plan is very good and I'm not saying don't vote for it,” Burke said. “But some homeowners could be affected.” Burke said Lach had recommended they bring up mitigation insurance to the selectmen. Hughes said there was a mitigation issue with the Muddy Creek project and the town participated in remediating it. “The town has a history. It's a responsibility the town has to stand behind it,” Hughes said. With that commitment, town meeting approved the Cold Brook project funding. Reprinted with permission from the Cape Cod Chronicle. n

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Clearing the Air on the Jobsite New respirable silica dust standards aim to improve air quality for workers When the United States Department of Labor (DOL) issued its ruling aimed at better protecting workers from respirable silica dust, few industry veterans were surprised. The new rule is currently in effect and substantially reduces the permissible exposure limits (PEL) for workers in the construction industry. The DOL’s Occupational Safety and Health Administration (OSHA) will enforce a reduction in the amount of silica that workers can be exposed to over an 8-hour day from 250 micrograms per cubic meter of air to 50 micrograms (OSHA rule 1926.1153 Table 1). The original enforcement date was June 23, 2017, but OSHA recently announced it will delay enforcement until September 23, 2017.

What It Means

ilica, often referred to as quartz, is found in many materials that are common on construction sites. Crystalline silica is a component of concrete that becomes breathable when drilling, sawing, polishing, cutting or crushing concrete, brick, block, rock or stone. These dust particles are invisible to the naked eye, but can cause serious health hazards. Each exposure to silica can add to lung damage unless the worker is using appropriate protection to avoid the exposure. OSHA claims that respirable crystalline silica is capable of crippling or killing workers by causing a range of lung diseases, from silicosis and lung cancer to emphysema and kidney disease. In addition, silica exposure has been linked to other illnesses, including renal disease and other cancers. According to OSHA, it is estimated that 2.3 million U.S. workers are exposed to respirable silica dust at work each year. The new standard establishes a PEL to limit employee exposure to respirable silica. The new PEL for silica exposure is 50 micrograms per cubic meter (µg/m3) of air (8-hour weighted average). A micron is about the size of a particle of fine, milled flour, so 50 microns fused together is about the size of a grain of salt. The daily PEL is approximately the equivalent of a grain of salt. continued on page 60

JUNE, 2017

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the method for controlling dust and a third column stating whether respiratory protection is needed when performing the task. By finding the work activity on Table 1, users can quickly see what steps are continued required to ensure proper59 dust management. In order to move Silica from page toward compliance and protection, it is critical that every component in a power tool system be designed to effectively remove dust. Here are some guidelines: • Choose the tool that best fits your needs—Dust-collection systems There are methods effecare available forseveral all power tools that are to usedachieving with concrete, tiveincluding silica dust management. One isdrills, water flow congrinders, tuck pointers, hammer rotary hammers trols, which can be employed in stone cutting and and demolition hammers. milling, brick and block cutting and stone engraving. • Identify the correct attachment that fits your tool—Look for dustWater spray systemsthatare often seen on crushers, collection attachments are engineered to provide maximum material recycling systems, conveyors, opperformance while preserving the full functionalitygravel of the tool. erations and in some demolition work. But not ev• Choose a HEPA-rated (high efficiency particulate air) dust extracerytor application can be addressed by adding a water with the highest cubic feet per minute (cfm) that meets EPA component. guidelines—A professional dust extractor can be rated at 150 cfm In most control with HEPA instances, filtration. Less jobsite powerful dust vacuums providedemands much lower thatairflow air flow be managed. In the best-case that is further decreased when a HEPA filter isscenario, placed in it. there be no need dusttopresent in work environments. All would dust extractors have automatic or semi-automatic Thefilter optimum cleaning.way to control respirable crystalline silica dust is totheremove is created. • Determine respiratoritforas theitapplication—Respirators protect OSHA’s Table contaminants. 1 (OSHA 1926.1153 1, availworkers by filtering If needed forTable the application ablebeing forperformed, review respirator at http://bit.ly/2ovGM8X) matches options include particulate respirators common construction tasks with effective dust-conthat filter out airborne particles and air-purifying respirators with trol cartridges/canisters methods for those tasks. The table has three that filter out chemicals and gases.

Working Toward Compliance

columns; the task or equipment being used, a column describing methodsystem for controlling dust a A key focus is on the the vacuum (dust extractor) andand specific third column stating whether respiratory is tool attachments. These components can capture protection dust as the tool needed when task.in the dust extractor, which creates it. Look forperforming automatic filterthe cleaning

finding the work activity does By just that—every 15 seconds—to ensure maximum suction power. amounts of silica dust. For conventional concrete drill bits, silica dust on Table 1,airflow usersdelivers can quickly seeextraction. was detected in all four tests. High-suction excellent dust what steps are required to ensure A well-thought-out, silica dust-management plan takes into Water Works Specialist proper dust CONSIDERATIONS management. In orconsideration the nature of the work being done. Training is important ADDITIONAL John Hoadl Water Works Specialist der to component move toward compliance to ensure that workers Fax:781-878-5298 understand silica risks and how to limit Another in concrete drilling that can reduce airborne silica Tel:781-878-8098 Water Works Spe and it example, is critical that tool manufacturer’s It is important to establish and implement a written exposure dust isprotection, the drill bit. For one power bits exposures.Fax: Tel:781-878-8098 Tel: 781-878-8098 781-878-5298 every in adust power tool are builtcomponent around an internal channel that is milled to deliver dust control plan to formally identify tasks that involve exposure and the “Our Products Are the Most Trusted Names inworkers, theinIndustry” system bea lightweight designedconcrete to effective“OurIndustry” Products Are thetoMost Trusted N methods recommended to protect including procedures reduction in bit. The manufacturer worked with “Our Products Are the Most Trusted Names the � U.S. Pipe ● Cultec ly remove dust. Here are some � U.S. Pipe ● Cultec Chambers high Chambers exposures may occur. an engineering consulting firm to perform industry-standard tests for restrict access to work areas• where � Mueller Fire Hydrants ● Nation • U.S. Pipe Cultec guidelines: Mueller Tapping Sleeves & Valves ● ADS P � concrete Mueller Fire Hydrants Pipe & Plastics airborne dust and silica exposure in drilling test the dust • to Mueller Fire Hydrants ● National • National Pipe�� &Smith Plastics Blair Clamps & Couplings ● Genera • collection Choose the of tool that best effectiveness the bits. � Mueller Tapping Sleeves & Valves ●been ADS Pipe &ADS Chambers JoeSleeves Nasvik has& involved in• the concrete industry for more • Mueller Tapping Valves Pipe & Chambers Mechanical Services fits your needs. than 40& years. owned a concrete construction company Castings � Tapping Sleeves & Gates Installed The tests, performed by aDust-colleccertified, hygienist, compare • Clamps Smith Blair Clamps Couplings • General Foundry � industrial Smith Blair & Couplings ●He General Foundry Castings tiondust systems are available forbreathing zone of a worker in the Chicago, Illinois, area for 19 years. In 2000, he started � Line Stop / EZ Valves airborne concentrations in the personal Mechanical Services � Cutting of Chilled Water Lines & a 12-year tenure with Concrete Construction magazine Mechanical Services all power tools that are used using the bits versus conventional solid-core bits. Four tests were � Pressure Testing & Disinfection o as senior editor. In 2012 he started � Tapping Sleeves & Gates Installed / Cut writing articles for with concrete, including grind-bit rendered • Tapping Sleevesconstruction & Gatesmedia Installed / Cut basis. Visit boschtools.com. � Installation & Testing of Backflow conducted, and in each test, the hollow-core undetectable on a freelance � Large Diameter Hydraulic Pipe C � Line Stop EZ Valves ers, tuck pointers, hammer • Line Stop / EZ/ Valves � Hydrant Installation & Repair � Cutting ChilledWater WaterLines Lines&&Steam SteamLines Lines drills, rotary hammers and de� Electronic Leak Detection • Cutting of of Chilled 78 CONSTRUCTION BUSINESS OWNER MAY 2017 “Water-Sewer-Drain Supplies at a Com molition hammers. • Pressure Testing &&Disinfection � Pressure Testing DisinfectionofofNew NewMains Mains www.hoadleyandsons.com • Installation && Testing ofof Backflow • Identify the correct attach� Installation Testing BackflowPreventers Preventers 24 24Hours Hours672 Union Street Rockland, MA • Large Diameter Hydraulic Pipe Cutting Sales& Service ment that fits your tool. Look Sales & Service � Large Diameter Hydraulic Pipe Cutting • Hydrant Installation & Repair Serving ofof Servingallall for dust-collection attachments � Hydrant Leak Installation & Repair New England • Electronic Detection New England that are engineered to provide � Electronic Leak Detection maximum performance while “Water-Sewer-Drain Supplies at Supplies a Competitive Price” Price” “Water-Sewer-Drain at a Competitive preserving the full functionality of the tool. www.hoadleyandsons.com www.hoadleyandsons.com

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Choose a HEPA-rated (high continued on page 61

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JUNE, 2017

Silica continued from page 60

•

that filter out chemicals and gases.

efficiency particulate air) dust extractor with the highest cubic feet per minute (cfm) that meets EPA guidelines. A professional dust extractor can be rated at 150 cfm with HEPA filtration. Less powerful vacuums provide much lower airflow that is further decreased when a HEPA filter is placed in it. All dust extractors need to have automatic or semi-automatic filter cleaning.

A key focus is on the vacuum system (dust extractor) and specific tool attachments. These components can capture dust as the tool creates it. Look for automatic filter cleaning in the dust extractor, which does just that—every 15 seconds—to ensure maximum suction power. High-suction airflow delivers excellent dust extraction.

Determine the respirator for the application. Respirators protect workers by filtering contaminants. If needed for the application being performed, respirator options include particulate Boston Area respirators that filter out airborne particles and Locations air-purifying respirators with cartridges/canisters

Another component in concrete drilling that can reduce airborne silica dust is the drill bit. For example, one power tool manufacturer’s bits are built around an internal dust channel that is milled to deliver dust reduction in a lightweight concrete bit. The manufacturer worked with an engineering consulting firm to perform industry-standard tests for airborne dust and silica exposure in concrete drilling to test the dust collection effectiveness of the bits.

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The tests, performed by a certified, industrial hygienist, compare airborne dust concentrations in the personal breathing zone of a worker using the bits versus conventional solid-core bits. Four tests were conducted, and in each test, the hollow-core bit rendered undetectable amounts of silica dust. For conventional concrete drill bits, silica dust was detected in all four tests.

A well-thought-out, silica dustmanagement plan takes into consideration the nature of the work being done. Training is important to ensure that workers understand Minichiello Bros./Scrap-It, Inc., Minichiello Bros./Scrap-It, Inc. silica risks and how to limit expoServes over 2500 customers a week and is one of New England’s largest Serves over 2500 customers a week and is one New England's largest buyers, sures. It is important to establish buyers, sellers, and processors of scrap metal. Forour overgoal 60 years goal sellers and processors of scrap metal. For over 60 years has our remained and implement a written exposure remained the same - to in provide the best along prices in thetop industry along with the same - tohas provide the best prices the industry with notch control plan to formally identify top notch service! Fred Rogers at 617-595-5505 customer service! Callcustomer Fred Rogers at Call 617-595-5505 tasks that involve exposure and Minichiello Bros./Scrap-It, Inc., the methods recommended to Minichiello Bros./Scrap-It, Inc., Serves over 2500 customers a week and is one New England's largest buyers, protect workers, including procesellers and processors of scrap metal. For overa60week years ourisgoal Serves over 2500 customers and onehas Newremained England's largest buyers, dures to restrict access to work he same - to provide the best in theof industry along with notch sellers and prices processors scrap metal. Fortop over 60 years our goal has remained areas where high exposures may customer service! the Callsame Fred -Rogers at 617-595-5505 to provide the best prices in the industry along with top notch occur. customer service! Call Fred Rogers at 617-595-5505 Written by Joe Nasvik. This ar ticle was originally published in the May 2017 issue of Construction Turn your metal into money today! Business Owner magazine. Visit Turn your metal into money today! constructionbusinessowner.com to Minichiello Bros. Inc./Scrap-It Inc. Minichiello Bros. Inc.,/Scrap-It Inc. read more. n

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UCANE’s 38th Annual

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JUNE, 2017

UCANE Sponsors Water For People “Deer Island Dash 5K Run/Walk”

ew England Water Works Association and New England Water Environment Association Water For People Committees joined forces this year to coordinate a new fundraising event—a 5K road race to benefit Water For People. The committees hosted the inaugural Deer Island Dash 5K Run/Walk to benefit Water For People on Saturday, May 13, at the Deer Island Waste Water Treatment Plant in Winthrop, MA. Over the course of five months the committee volunteers gathered race swag bag materials, designed t-shirts, identified sponsors, and promoted the road race within the water works community, as well as locally in Winthrop. The group was lucky to have the support of the Massachusetts Water Resources Authority, which runs Deer Island, and many MWRA staff volunteers on hand on race day. Over 100 individuals showed up on race day, ready to run or walk the 3.1 mile course that circles the treatment facility. The day was cloudy but runners could see the Boston skyline and the surrounding harbor islands as they raced along. No one seemed thrilled about the hill at Mile 3 but everyone powered through

Photo Credit: Chas Tyler and finished strong. Prizes were awarded to the overall race winners as well as the top runners in each age category. At the end of the day approximately $5,500 was raised for Water For People, which will fund locally sustainable drinking water and sanitation infrastructure in developing countries around the world. We extend our sincerest thanks to all of the Deer Island Dash 5K Run/Walk sponsors, volunteers, and race participants. Congratulations to the Water For People Committee on a fantastic event! n

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5 Steps to Prevent Trench Collapses Don’t overlook even the shallowest of trenches. Stay safe on the job site by following this advice.

orking in trenches and excavations is potentially one of the most hazardous types of work in the construction and utility industries. One reason? Many people don’t appreciate the enormous weight of soil. One cubic yard of soil can weigh almost 4,000 pounds — the weight of a small car or pickup truck. When a trench or excavation caves in on unprotected workers, it usually means a serious injury or death, even in a very shallow trench. Here are five simple steps you can take to protect your workers.

Step #1 – Have a Trained and Authorized “Competent Person” On Site In an attempt to reduce the number of deaths and serious injuries that occur in trenches and excavations, OSHA requires that a “competent person” be on site whenever workers are exposed in an excavation. OSHA defines a competent person as one who: • is capable of identifying existing or predictable hazards in the surroundings or working conditions that are unsanitary, hazardous, or dangerous to employees, and • has the authority to take prompt corrective measures to eliminate them. continued on page 68

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A steel trench box can be one of the best ways to protect workers depending on the situation.

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Safety Corner continued from page 67 OSHA goes on to say that the competent person must have specific training in, and be knowledgeable of, the requirements of the OSHA standard 29 CFR 1926, Subpart P; soil analysis; and the use of protective systems. The on-site presence of the competent person is crucial in maintaining a safe working environment.

Step #2 – Follow OSHA’s General Requirements The general requirements section of OSHA’s 29 CFR 1926, Subpart P addresses several commonsense items related to trenches and excavations: • Surface Encumbrances — These are described as telephone poles, trees, fire hydrants, street signs, sidewalks, curbs and gutters, and similar objects adjacent to an excavation. They should be removed or supported to ensure their stability and to safeguard workers. • Underground Installations — These include underground utilities such as sewer, gas, water, and telephone and electric lines. Prior to the start of actual excavation work, utility companies must be contacted with adequate, established, or customary local lead times, then

•

advised of the proposed work and asked to determine the location of the utilities. All underground utilities must be protected, supported, or removed to protect workers. Access and Egress — These are just fancy words for entering and exiting an excavation. Trenches and excavations deeper than 4 feet require a means of access and egress. Also, each worker must be within 25 feet of a ladder, ramp, or stair. Each means of access and egress must be within a protected area. Vehicular Traffic — Workers exposed to traffic must be provided with, and must wear, warning vests or other highly visible garments. Signs, signals, barricades, and/or flagmen may also be required. Falling Loads — Workers are not permitted underneath overhead loads. In addition, employees must stand away from equipment being loaded or unloaded from vehicles. Warning Systems for Mobile Equipment — When mobile equipment is operated near the edge of an excavation, and the equipment operator does not have a clear and direct view of that edge, warning systems — such as barricades, spotters, or stop logs — are required. continued on page 69

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Safety Corner continued from page 68 • Hazardous Atmospheres — This section of the OSHA standard is designed to protect workers from so-called “bad air.” Concerns include too little oxygen, too much oxygen, flammable gases such as methane and natural gas, and toxic gases such as hydrogen sulfide and carbon monoxide. Atmospheric testing, along with the use of ventilation equipment, are two of the most common and important methods of addressing hazardous or potentially hazardous atmospheres. • Water Accumulation — Workers must not work in trenches or excavations where there is accumulated water, or where water is accumulating, unless adequate precautions are taken. If the excavation work interrupts the natural flow of surface water, then diversion ditches, dikes, or other means may be required to keep water out. • Adjacent Structures — The stability of sidewalks, streets, adjoining buildings, walls, and other structures can be reduced by excavation operations. Specialized shoring systems, bracing, and/or underpinning may be required to ensure the stability of these structures and to protect workers. • Loose Soil or Rock — Spoil piles (and equip-

ment) must be set back at least 2 feet from the edge of a trench or excavation. • Fall Protection — Walkways with standard guardrails are required when employees or equipment crosses over excavations. Wells, pits, shafts, etc., must be barricaded or covered. Paying close attention to each of these important potential dangerous circumstances will help ensure worker safety, as well as help contractors and utilities stay legal with OSHA.

Step #3 – Carefully Analyze the Soil An important responsibility for the competent person is soil analysis. Even when sloping, soil analysis is the very first step in choosing a protective system. There are hundreds of different types of soil. OSHA is concerned with only four – Stable Rock, Type A, Type B and Type C. OSHA says the competent person must perform at least one visual and one manual test of the soil that is excavated. But the competent person can also take a worst-case-scenario approach and assume all the soil is Type C. In fact, many contractors and utilities take this position. continued on page 70

JUNE, 2017

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Safety Corner continued from page 69

Step #4 – Use a Protective System With one exception, OSHA requires the use of protective systems in all trenches and excavations that are deeper than 5 feet. The exception involves trenches or excavations in stable rock. In those situations, it’s “legal” to work with vertical walls, but stable rock is extremely rare. And if a trench or excavation is less than 5 feet deep, a protective system is still required if there’s potential for a cave-in. Note that in some states, local laws require use of protective systems in all trenches that are 4 feet or more deep. Always check your state regulations. There are five options for protective systems: • Sloping and Benching: This procedure calls, first, for classifying the soil, then referring to the charts and illustrations in the OSHA standard to determine the correct angle of the sloping or benching. Soil Type Stable Rock Type A Type B Type C

Angle of Bank Vertical wall 53 degrees 45 degrees 34 degrees

• Timber Shoring: This is a system of wooden walers, cross braces, and uprights that support the walls of a trench or excavation. The OSHA standard specifies the sizes of timbers, based on the various types of soil, the depth of the trench or excavation, and the type of timber used to build the structure (oak or Douglas fir). • Aluminum Hydraulic Shoring: Hydraulic shoring systems have replaced a lot of timber shoring. Developed in California in the late 1950s, there are two main types of hydraulic shoring systems: vertical shores and horizontal walers. Both employ aluminum rails and hydraulic cylinders that apply pressure to the walls of a trench, creating an “arching” effect in the adjacent soil that prevents the walls from collapsing. • Trench Shields: Trench shields are aluminum or steel structures designed to protect workers by withstanding the forces of a cave-in. Regardless of the material they are made of, the principles for trench shields are the same. • Site-Specific Engineered Systems: Occasionally the charts in the OSHA standard are not appropriate. There may be job site conditions

or other factors that prevent the use of all these systems. In that case, a registered professional engineer must design a system specifically for the job. The engineer has to be registered in the state where the system will be used, and will have to “stamp” the design. There are additional requirements, as well, all of which are covered in the OSHA standard.

Step #5 – Inspect the Excavation The properly trained and authorized competent person must inspect excavations daily for: • indications of possible cave-ins, • failure of protective systems, • hazardous atmospheres, and • other hazardous conditions. Inspections must be conducted prior to the start of work, and also as needed throughout each shift, after rainstorms, and after other potential hazardincreasing events. The competent person must also check adjacent areas and protective systems (before and during use), and always look for indications of possible cave-ins and hazardous or potentially hazardous conditions. Written by and David Dow. Reprinted with permission from Municipal Water & Sewer Magazine. n

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OSHA’s Recordkeeping Rule Withdrawn

OSHA Held 1st Annual Safe + Sound Week!

ollowing President Donald Trump signing a Congressional resolution to disapprove OSHA Recordkeeping Rule (Volks Rule), OSHA has officially eliminated the regulation. OSHA has complied by removing the rule that would have extended the statute of limitations for injury and illness recordkeeping violations. The final rule was scheduled for publication on May 3, 2017. OSHA has cancelled the so-called “Volks” rule that allowed employers to be fined for recordkeeping violations for up to five years. The Trump Administration has formally deleted all provisions from federal regulations and restored the six-month statute of limitations for citing recordkeeping violations. The intent of the Recordkeeping Rule was to reverse the effects of the 2012 U. S. Court of Appeals decision, which is commonly called Volks II. The three judge unanimous decision stated that the current act prohibited OSHA from citing violations from more than six months past. OSHA attempted to bypass the court decision on the Volks rule by stating that employers had a continuing obligation to keep accurate records for five years.

OSHA held its 1st Annual Safe + Sound Week June 12-18. Safe + Sound Week was a nationwide event to raise awareness and understanding of the value of safety and health programs that include management leadership, worker participation, and a systematic approach to finding and fixing hazards in workplaces. Safe workplaces are sound businesses. Successful safety and health programs can proactively identify and manage workplace hazards before they cause injury or illness, improving sustainability and the bottom line. Participating in Safe + Sound Week can help get your program started or energize an existing one. n

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he second-best investment you can make is paying off high interest rate debt (see Financial Management, August 2016). That could come after you’ve contributed enough to your 401(k) to get a full match from your employer. What should come next? If you have no expensive debt to pay down and you’re getting the full employer match, where should you direct your money? Here are some suggestions. Unmatched 401(k) Contributions In 2017, employees can contribute up to $18,000, or $24,000 if they’re at least age 50. Few (if any) company matches are that generous. Example 1: Julie Benson earns $100,000 a year. Her employer’s 401(k) match is dollar-for-dollar, up to 6% of pay, so Julie will put at least $6,000 into the plan this year to get $6,000 in “free money” from the match. Julie, age 45, could contribute another $12,000. Such a contribution is easy to do, with the money flowing directly into the 401(k) with every paycheck. The deferred income won’t be subject to income tax and any investment earnings can compound, untaxed. Other possible advantages include access to plan loans, offered by many companies, and considerable shelter from creditors. That said, the main benefit of an unmatched 401(k) contribution is income tax deferral. If you are

JUNE, 2017

the plan this yea money” from the contribute anoth Such a contri with the money 401(k) with ever income won’t be any investment e untaxed. Other access to plan lo companies, and creditors. in a relatively high taxinvestment bracket now The second-best youand can expect make to beThat said, the in a lower bracket when you take withdrawals in reis paying off high interest rate debt (see unmatched 401( tirement, maximizing 401(k) contributions could pay CPA Client Bulletin, August 2016). That tax deferral. If yo off. Oncould the other hand,you’ve tax deferral might not appeal come after contributed enough tax bracket now to workers in their 20s with modest incomes, perhaps to your 401(k) to get a full match from lower bracket wh deferring tax in a 15% bracket, who will face unceryour employer. What should come next? in retirement, m tain tax rates on distributions decades from now. If you have no expensive debt to pay down contributions co Roth IRA the Contributions and you’re getting full employer match, hand, tax deferra where should you direct your money? Here workers in their A Roth IRA is always funded with after-tax dolarethere someissuggestions. perhaps deferrin lars, so no upfront tax benefit. However, diswho will face un tributions from a Roth IRA, made after the 5-year period beginning with the first tax year of a contribution Unmatched 401(k) contributions distributions dec to a Roth IRA and after the IRA owner In 2017, employees canRoth contribute up to reaches 1⁄2 age 59$18,000, , are completely Therefore, Roth IRA co or $24,000 tax-free. if they’re at least age putting some 50. money into a Roth IRA can provide a source A Roth IRA is a Few (if any) company matches are that of tax-free cash in retirement instead of, or in additax dollars, so th generous. tion to, taxable withdrawals of money from a 401(k). benefit. Howeve Example 1: Julie Benson earns Roth IRA contributions can be up to $5,500 in 2017, Roth IRA, made $100,000 a year. employer’s 401(k) or $6,500 for those 50Her or older. with t match is dollar-for-dollar, upcontinued to 6% of on page beginning 74 contribution to a pay, so Julie will put at least $6,000 into

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Financial Management continued from page 73

ers can’t contribute for 2017 with modified adjusted gross income of at least $133,000, or $196,000 on joint tax returns.

Example 2: Assume that Julie Benson, with her $100,000 salary, desires to save $15,000 for retireHowever, there are no income limits for makment this year. Julie might put $6,000 into her 401(k) ing nondeductible contributions to a traditional IRA to get the match and put $5,500 into a Roth IRA. and then converting that amount to a Roth IRA. This That would total $11,500, so Julie could achieve her workaround won’t generate income tax for people $15,000 savings goal by contributing another $3,500 who have no pretax money in traditional IRAs. to her 401(k) without a match. Roth IRAs may be especially appealing to peoRoth IRA owners never have required distriple in relatively low tax brackets now, who will get butions, which generally impact pretax retirement only modest tax savings from unmatched 401(k) funds after age 701⁄2. It’s true that income limits Burke Wicked HD 4.625 x 7.5 9-16:Dennis K. Burke 2:18 PM Page 1 may crimp Roth IRA contributions—single taxpay-10/24/16 contributions.

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Another possibility exists for people with certain high deductible health insurance coverage. Besides paying for the insurance, such people can have a health savings account (HSA) that offers unique tax advantages. HSAs have no income limits. Contributions, which are tax deductible, can go up to $3,400 for 2017 and up to $6,750 for those with family coverage. (People 55 or older can contribute $1,000 more.) Inside an HSA, earnings are tax-free and distributions are untaxed if the HSA owner spends at least that much on qualified health care costs. Example 3: Suppose that Julie Benson is eligible for an HSA. With single coverage, Julie contributes $3,400 this year, which she invests in stock funds. Although past performance is no guarantee of future success, stocks historically have done well over long time periods. Therefore, Julie hopes that annual contributions to her HSA will provide her with a substantial fund to tap for medical bills in retirement. Besides contributing $6,000 to her 401(k) to get the full match, and $3,400 to her HSA, Julie can still contribute $5,500 to a Roth IRA for a total of $14,900 in 2017. Each of these options has features that go beyond those mentioned in this article, but they all may be viable choices for retirement investing. continued on page 75

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JUNE, 2017

Financial Management continued from page 74

Prenups Can Serve Many Purposes

assets. In addition, Jim people and Ann already to beofsure that a son ome may think prenuptial have their own children from previous or daughter executes agreements as asset protection vemarriages. a prenup beforewho the hicles for wealthy individuals In suchare situations, abouta well-crafted to be married. wedding When aceremony. wealthy prenup can delineate specific assets However, saying individual gets engaged, a “prenup” can that will go to those children after a that a prenup can do help safeguard the assets that individual possible divorce or the death of one this or that is only brings into the marriage passing spouse. Terms of the agreement will afrom beginning. To beto the future spouse in the case of a subsevary from one situation to the next, effective, a prenuptial quent is death or divorce. but one approach to set aside certain agreement must be assets broughtBeyond into the such marriage for each prenups enforceable the situations, mayunder be adopted by other about-to-be-weds. spouse’s children. lawsThat’s of theespecially relevant true now that (or even state. third) Very marriages are a In addition to such an second asset division, generally, increasingly common, fromshould prior unions a prenup can address whether thewith children prenup be some marriages, the wealthier lineate specific assets that will go those to be considered. couple will file a joint income tax return • formal. Ideally, the agreement individual willtohire the children attorney after a possible divorce or the death of one spouse. Example: Jim Smith set by an attorney and who will pay the tax. Also, debts and Ann Jones shouldhave be drafted to draft the agreement and Terms of the agreement will vary from one situation their wedding Neither is considered but in this incurred before and afterdate. the marriage withwealthy, experience area. the other party’s attorney will to the next, but one approach is to set aside certain bothinown debt-free homes and retirement should bethey covered the agreement. • have voluntary. Compliance review it to suggest any changes. assets brought into the marriage for each spouse’s plans, investment accounts, and other ssets. In adshouldn’t be coerced. Suppose • fair. Full disclosure of assets children. dition, Jim and Ann already have their children Other uses theown parents of the bride are may be required of both In addition to such an asset division, a prenup from previous marriages. Even if children from a prior paying for the wedding and prospective spouses. If one situations, a well-crafted prenup can decontinued on page 77 marriage are In notsuch an issue, prenups the groom’s family produces a party can show the other failed can be helpful. For example, for two prenup once the out-of-town to reveal substantial assets, people who enter a first marriage guests have arrived, asserting the aggrieved spouse may after they’ve both had careers and that the bride would get nothing be entitled to more than the built up significant assets, a prenup in case of a divorce. Such a agreed-upon amounts. can preserve those assets if the document may not stand up to a Retaining romance marriage doesn’t work. A business challenge in court. Of course, someone who is about owner might want to provide for One tactic that can help to “live happily ever after” may not the retention of the company and a to produce a valid prenup is feel comfortable suggesting a prenup valuation method in case of a divorce; to discuss the issue as early as to a bride- or groom-to-be. One partners or co-shareholders may possible. A prenup that’s been strategy to deflect the blame is to say insist on prenups to keep a portion of agreed upon after both sides that your CPA or your attorney is their business from ex-spouses in the have had competent counsel is insisting on a prenup. future. Wealthy parents might want more likely to be upheld. For

Solo 401(k) Plans for Companies Without Employees Among major corporations, 401(k) advantages compared with other small However, a business with any plans have become common, but business retirement plans. common-law employees is disqualified, even the smallest of businesses can The name is somewhat misleading, so having an employee other than an have a 401(k) plan for retirement. as these plans are not necessarily limited owner, business partner, or shareholder One-participant 401(k) plans, known to one person. A business owner’s will rule out a Solo 401(k). Note that by names such as Solo 401(k) and spouse also can participate, if he or independent contractors can be hired Uni-k, are available. For some business she is an employee of the business. by the business, as well as part-time owners and self-employed individuals, Multiple owners or partners, and their workers who get paid for less than Solo 401(k)s may offer a chance to spouses employed in the business, can 1,000 hours a year. Solo 401(k) plans save moreJUNE, for retirement with tax participate in a Solo 401(k). are discretionary, so employers can cut 2017 “BUY FROM THE ADVERTISERS IN CONSTRUCTION OUTLOOK” 75

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JUNE, 2017

Financial Management continued from page 75 can address whether the couple will file a joint income tax return and who will pay the tax. Also, debts incurred before and after the marriage should be covered in the agreement.

Other Uses Even if children from a prior marriage are not an issue, prenups can be helpful. For example, for two people who enter a first marriage after they’ve both had careers and built up significant assets, a prenup can preserve those assets if the marriage doesn’t work. A business owner might want to provide for the retention of the company and a valuation method in case of a divorce; partners or co-shareholders may insist on prenups to keep a portion of their business from ex-spouses in the future. Wealthy parents might want to be sure that a son or daughter executes a prenup before the wedding ceremony. However, saying that a prenup can do this or that is only a beginning. To be effective, a prenuptial agreement must be enforceable under the laws of the relevant state. Very generally, a prenup should be: • formal. Ideally, the agreement should be drafted by an attorney with experience in this area. • voluntary. Compliance shouldn’t be coerced. Suppose the parents of the bride are paying for the wedding and the groom’s family produces a prenup once the out-of-town guests have arrived, asserting that the bride would get nothing in case of a divorce. Such a document may not stand up to a challenge in court. One tactic that can help to produce a valid prenup is to discuss the issue as early as possible. A prenup that’s been agreed upon after both sides have had competent counsel is more likely to be upheld. For some marriages, the wealthier individual will hire the attorney to draft the agreement and the other party’s attorney will review it to suggest any changes. • fair. Full disclosure of assets may be required of both prospective spouses. If one party can show the other failed to reveal substantial assets, the aggrieved spouse may be entitled to more than the agreed-upon amounts.

Trusted Advice Roth IRA Distributions • Roth IRA owners do not include distributions that are a return of regular contributions in their gross income. • “Qualified distributions” from a Roth IRA also are not included in gross income. • A qualified distribution is any payment from a Roth IRA made after the 5-year period beginning with the first taxable year of a contribution to a Roth IRA, and • made after the date the Roth IRA owner reaches age 591⁄ 2; • made because of the Roth IRA owner’s disability; • made to the Roth IRA owner’s beneficiary or estate after death; or • that qualifies as a “first-time homebuyers’ distribution” (up to a $10,000 lifetime limit).

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Retaining Romance Of course, someone who is about to “live happily ever after” may not feel comfortable suggesting a prenup to a bride- or groom-to-be. One strategy to deflect the blame is to say that your CPA or your attorney is insisting on a prenup. continued on page 78

JUNE, 2017

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Financial Management continued from page 77

Solo 401(k) Plans for Companies Without Employees

mong major corporations, 401(k) plans have become common, but even the smallest of businesses can have a 401(k) plan for retirement. Oneparticipant 401(k) plans, known by names such as Solo 401(k) and Uni-k, are available. For some business owners and selfemployed individuals, Solo 401(k)s may offer a chance to save more for retirement with tax advantages compared with other small business retirement plans. The name is somewhat misleading, as these plans are not necessarily limited to one person. A business owner’s spouse also can participate, if he or she is an employee of the business. Multiple owners or partners, and their spouses employed in the business, can participate in a Solo 401(k).

However, a business with any common-law employees is disqualified, so having an employee other than an owner, business partner, or shareholder will rule out a Solo 401(k). Note that independent contractors can be hired by the business, as well as part-time workers who get paid for less than 1,000 hours a year. Solo 401(k) plans are discretionary, so employers can cut back or even eliminate contributions in a given year, if that’s desirable. Potent Payoff Assuming a business qualifies for a Solo 401(k), why choose this type of plan? The answer is simple: because contributions can be relatively generous. The underlying reason is that owner-employees’ accounts receive funding from two sources. continued on page 79

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Financial Management continued from page 78 Example 1: Nick Martin, age 55, owns 100% of NM Corp., which has elected to be treated as an S corporation. NM Corp. has no full-time employees. With a Solo 401(k), Nick can contribute the same as any employee participating in a typical 401(k) plan: up to 100% of compensation (“earned income,” for the self-employed). The cap in 2017 is $18,000, or $24,000 if Nick is at least age 50. In addition, Nick can make employer non-elective contributions up to 25% of his compensation, as defined by the plan. Assume that Nick earns $80,000 in W-2 wages from NM Corp. in 2017. He defers the maximum $18,000 in regular elective contributions this year, plus the $6,000 catch-up for those 50 and older. NM Corp. then contributes $20,000 (25% of Nick’s $80,000 earnings) to the plan, for a total of $44,000. If Nick’s wife works for NM Corp. and receives earned income, her account can receive 401(k) contributions. Those with higher earned income can receive larger employer contributions. In 2017, the maximum is $54,000 from employee and employer contributions, or $60,000 with a $6,000 catch-up contribution.

Special Rules for the Self-Employed

isn’t required, a Solo 401(k) plan generally must file an annual report on Form 5500-SF if it has $250,000 or more in assets at the end of the year. The deadline for establishing a Solo 401(k) for 2017 is December 31, or the end of the fiscal year for corporations. Reprinted from CPA Client Bulletin. n

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Advertisers’ Index APJ Equipment Corp..............................................................75 ATS Equipment, Inc. .............................................................26 Acme Shorey Precast Co., Inc...............................................52 Aggregate Industries - N.E. Region.......................................65 American Shoring, Inc........................................ Ins. Back Cvr. Aon Construction Services Group.........................................13 AQUAREHAB USA Inc........................................................... 11 Boro Sand & Stone Corp.......................................................77 Brennan Consulting...............................................................76 Dennis K. 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L. Edwards, Inc....................................................................7 Equipment4Rent....................................................................17 Exit Strategies Group LLC.....................................................19 Ferguson Waterworks............................................................35 Gorilla Hydraulic Breakers.....................................................51 L. Guerini Group, Inc..............................................................64 HD Supply Const. & Industrial White Cap.............................12 HD Supply Waterworks............................................................2 A. H. Harris Construction Supplies........................................78 Hinckley Allen LLP.................................................................10 John Hoadley & Sons, Inc.....................................................60 JESCO...................................................................................21 Kenworth Northeast...............................................................53 P. A. Landers, Inc...................................................................30 Lawrence-Lynch Corp............................................................51 Lorusso Corp..........................................................................66 Lorusso Heavy Equipment, LLC............................................32 MBO Precast, Inc...................................................................79 Mabey, Inc..............................................................................66 Mass Broken Stone Company...............................................57 McGill Hose & Coupling, Inc..................................................62 Milton CAT................................................................................6 Minuteman Trucks, Inc...........................................................62 Norfolk Power Equipment, Inc...............................................79 North American Crane & Rigging LLC..................................22 North East Shoring Equipment, LLC.....................................58 Ocean State Oil......................................................................72 Palmer Paving Corp...............................................................49 E. H. Perkins Construction Co., Inc.......................................80 Podgurski Corp......................................................................64 E. J. Prescott, Inc................................................Ins. Front Cvr. Rain For Rent-New England..................................................24 Read Custom Soils ...............................................................62 Ritchie Bros. Auctioneers......................................................76 Rogers & Gray Insurance......................................................28 Schmidt Equipment, Inc............................................. Back Cvr. 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Brokerage, Inc.........................27 Systems Support Corporation...............................................72 Tonry Insurance Group, Inc...................................................70 Travelers.................................................................................16 Triumph Modular....................................................................20 TruckTap.................................................................................69 United Concrete Products......................................................71 United Rentals Trench Safety................................................48 Webster One Source.............................................................38 C. N. Wood Co., Inc. .............................................................18 Woodco Machinery, Inc.........................................................54 Xylem Dewatering Solutions Inc............................................68

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