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IN THIS ISSUE

OFFICERS President TONY BORRELLI Celco Construction Corp. President Elect JOHN OUR Robert B. Our Co., Inc. Treasurer PAUL SCENNA Albanese D&S, Inc. Secretary RICHARD PACELLA, JR. R. M. Pacella Inc.

BOARD OF DIRECTORS MARCELLA ALBANESE Albanese Bros., Inc. VINCENT BARLETTA Barletta Heavy Division NICK BIELLO J. D’Amico, Inc. KEVIN COLE J. F. White Contracting Co. STEPHEN J. CONNOLLY ATS Equipment, Inc. MAUREEN DAGLE Dagle Electrical Const., Corp. THOMAS DESCOTEAUX R. H. White Const. Co., Inc. ALEX DUNN Travelers GREG FEENEY Feeney Bros. Excavation, LLC JERRY GAGLIARDUCCI Gagliarducci Construction, Inc. PHIL JASSET Honorary Board Member AL MORTEO FED. CORP. JOSEPH PACELLA RJV Construction Corp. BRIAN RAWSTON Jay Cashman, Inc. KENNETH STEVENS A. H. Harris Construction Supplies PAUL UMBRO, JR. Umbro & Sons Construction Corp. CHRIS VALENTI GVC Construction, Inc. DAVID ZOPPO R. Zoppo Corp. ANNE KLAYMAN Executive Director

3 President’s Message:

Governor and Legislators Asked to Address Our Infrastructure Needs From the Bottom Up

7 Legislative Update:

• MassDEP Announces Municipal Partnerships Office and Permit and Regulatory Ombudsman • Attorney General Files Regulations Relative to Implementation of Paid Sick Leave • Massachusetts House Passes Fiscal Year 2016 Budget • Town of Southbridge Agrees to Water Deal with the Town of Charlton • Baker-Polito Administration Initiates Comprehensive Regulatory Review

19 Water Crisis Requires All Hands on Deck 23 Environmental Viewpoint: DEP’s New UST Regulations

24 Associate Member of the Month:

HD Supply Construction & Industrial White Cap

31 Spotlight on Cape Cod:

FAQ: WMAs and the June 15 Deadline

37 Glenn Ferguson Named Norwell Citizen of the Year 39 Safety Corner:

Construction Sites and Attractive Nuisances

41 Around New England:

• EPA to Air Force: Test Water for Contaminants or be Fined • The Narragansett Bay Commission Allocates $815 Million to Complete Sewer Overflow Project • Waltham to Receive $3.6 Million for Sewer Issue Help

49 Save the Date...UCANE’s 36th Annual Golf Classic 51 UCANE’s Calendar of Events 53 2015-2016 Safety Manuals Now Available 55 Financial Management:

• Holding Stocks in Retirement Accounts • Finding a Low-Tax State • What Lower Oil Prices Mean to Your Company

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

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Governor and Legislators Asked to Address Our Infrastructure Needs From the Bottom Up Ever since becoming UCANE President a few months back, I find myself thinking about our state and our country’s underground water and sewer infrastructure from a different perspective. Prior to becoming President, my primary focus was on our family business and the various responsibilities attached to that. An ancillary responsibility was to attend and participate in meetings as a member of the UCANE Board of Directors. As a member of the Board I was able to witness the behind the scenes efforts associated with issues affecting our industry, from funding to laws and regulations.

ow that I am President of this outstanding organization I find myself thinking about the underground infrastructure industry from a recognition point of view. I often feel that the work we do goes somewhat unnoticed, unless there is an emergency. Obviously, having a vast majority of our work being buried beneath the ground contributes to this lack of recognition. When was the last time you heard anyone comment, “Hey that’s great tasting tap water.” My thinking has now expanded outward to the relationship between the underground utility industry, and the citizens of Massachusetts. In my opinion, the fight for recognition of our state’s drinking and wastewater problems are fought on two fronts. One is with the complacent public who believes that clean drinking water is something that will always be there when they turn on their faucets and should be free, or should cost as little as possible. It seems that every modest increase in water and sewer fees is questioned, but the exceptional access to clean drinking water is not “celebrated.” The second is the limited resources that are available to properly address the more than $20 billion in water and sewer project needs over the next 20 years. This problem requires establishing goals and setting priorities whereby we address both the future water and sewer problems, and the expected huge social issues, which will also demand more of our resources. Yes, our state has a fabulous underground infrastructure network of pipelines, treatment plants, and reservoirs. Yes, our state’s water quality is some of the best

MAY, 2015

in the nation. Yes, our state has sufficient underground infrastructure systems to support new businesses and expand industry…all of which provide work opportunities, good paying jobs, keeps unemployment to a minimum, and helps keep our tax revenue at a high level. Our state, if not number one in these regards, is very close to the top. And I want Massachusetts to stay at the top. But by no means are we home free…far from it! Massachusetts has some huge underground water and sewer problems, of which the public is blissfully unaware. Whose fault is it? I don’t know. I just know that every one of us needs to get this message out to every city and town official, selectman, DPW Director, and every citizen, because we will need their full support in the future. It requires educating the public, and each of us is responsible to do our share. Irrespective of this issue, the public has high expectations that their tax dollars will be spent effectively and wisely. Make no mistake, Massachusetts is not perfect and should do things better when it comes to spending its limited infrastructure resources. A case in point is our missing an opportunity to replace old underground water and sewer systems, many reaching their end of life at the same time we spend the public’s hard earned money on road repair or replacement. How many times have we spent millions of dollars on a new road surface only to tear it up a few years later to repair a pipe break or replace aging water and continued on page 5

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President’s Message continued from page 3 sewer lines, only to spend millions more to repave the same road over again? That’s a rhetorical question because I don’t have the answer. But I’ll bet it’s tens of millions of dollars each year. This is totally wasteful and Governor Baker and the legislature are doing something about it. To his credit, Governor Baker was quick to respond to the severe winter weather by calling for record amounts of Chapter 90 funds ($330 million at press time) in order to assist communities in repairing and repaving local roads. To be certain that the road repairs and repaving are being performed in a cost efficient manner, the legislature wisely passed Chapter 259 in 2014 whereby Section 61 calls for a Special Commission to coordinate road reconstruction projects with the installation of underground utility projects in order to improve efficiency of both Chapter 90 and local road funds and avoid duplicative paving work.

I want to take this opportunity to applaud the actions of the Governor and legislature for their common sense approach to repairing and rebuilding our infrastructure, which will serve the best interest of our citizens. It’s time to address our infrastructure needs from the bottom up! n

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MassDEP Announces Municipal Partnerships Office and Permit and Regulatory Ombudsman

he Massachusetts Department of Environmental As part of MassDEP's renewed outreach efforts, the Protection (MassDEP) recently announced the creagency also intends to continue to work on modernizing ation of the Office of Municipal Partnerships and its information systems to promote efficiency within the Governmental Affairs and the Office of Permit and Reguagency and allow more permitting and other functions to latory Ombudsman and Special Projects. These new ofoccur online. MassDEP's four regional offices – located fices will strengthen partnerships with cities and towns and in Wilmington, Lakeville, Worcester, and Springfield – will promote increased understanding about the agency's procontinue to serve an important local function and as placgrams that protect the environment and the public health. es for assistance with pre-permitting. MassDEP will also The Office of Municipal Partnerships within the Commiscontinue to work with established advisory groups and sioner's Office will be a visible point-of-contact for municipalcommittees and identify where enhanced communicaities and local officials, legislators, and other governmental tions can benefit both the agency and citizens. agencies. The office will also be responsible for coordinating For more information on the Office of Municipal Partefforts to provide up-to-date and effective forms of outreach nerships and Governmental Affairs, please visit: http:// and user-friendly assistance to groups that do business with mass.gov/dep/muni MassDEP or rely on it for information. The office will be led For more information on the Office of Permit and Regby Beth Riportella. Ms. Riportella is the former Deputy Chief ulatory Ombudsman and Special Projects, please visit: of Staff for MassDEP and will continue to serve in her role as http://mass.gov/dep/permitting Legislative Director for the Department. The new Permit and Regulatory Ombudsman's duties continued on page 9 will include serving as an agency pointof-contact for large and complex projects, including those requiring permits, approval or review by more than one bureau or Call Your Nearest GENALCO Warehouse regional office within MassDEP. The OmFor These Supplies budsman will also be the point-of-contact HYDRAULIC GRADE 8 STROBE LIGHTS for inquiries from citizens regarding isOIL NUTS & BOLTS WEATHER CAPS sues in permitting or questions about AIR CLEANERS how law, policy, and regulations are beGREASE FITTINGS BUCKET TEETH ing applied across the agency. The OmHYDRAULIC HOSE budsman will gather information about BUCKET LIPS claims and inquiries and ensure a timely EQUIPMENT PAINT BUCKETS and comprehensive review by MassDEP. The position will also document how the CUTTING EDGES CHAIN claims and inquiries were addressed and SLINGS ensure publication of the results of the reBACKUP BELLS AIR, OIL & FUEL AND ALARMS view to increase awareness of how MassFILTERS EXTREME ROTARY PRESSURE GREASE ASPHALT CUTTERS DEP addresses these issues. The office will be directed by Kathleen Kerigan, an GENALCO inc. 1-877-436-2526 environmental engineer who worked in 55 years of service to New England Industry Needham Heights, MA So. Boston, MA Springfield, MA West Haven, CT Warwick, RI GZA GeoEnvironmental Inc.'s RemediaFAX 781-449-6643 FAX 617-268-1290 FAX 413-781-3771 FAX 203-934-2580 FAX 401-736-9769 tion Division since 2011.

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Legislative Update continued from page 7

Attorney General Files Regulations Relative to Implementation of Paid Sick Leave

ttorney General Maura Healey recently filed draft regulations to implement the new paid sick leave law approved by voters through the November 2014 ballot question. The regulations will take effect on July 1. The new law states that employers with 11 or more workers must provide workers with up to 40 hours per year of paid sick leave. Businesses with less than 11 employees must provide earned sick time but are not required to pay employees for time taken. According to a press release from the Attorney General’s Office, nearly 1 in 3 workers in Massachusetts currently do not have access to earned sick time, the majority of them working in low-wage jobs. More than half of service industry workers did not have access to a single sick day. To date, only Connecticut currently has earned sick time. The draft regulations further interprets the new law by declaring that earned sick time can be used for rou-

tine or emergency medical visits and travel time, if they or a family member are sick or to address issues of domestic violence. Under the regulations, employees begin to accrue sick time on the date of their hire and require employees to make a good faith effort to notify their employers of their intention to use sick time. The regulations would also protect seasonal workers by allowing them to carry unused time from season to season. The AG’s Office expects to file final regulations with the Secretary of State this summer following a public comment period, which includes public listening sessions and hearings throughout the Commonwealth. Members of the public can submit comments to the Attorney General’s office until June 10 by emailing AGOregulations@state.ma.us. Comments at listening sessions are not considered part of the official record but are considered a more informal dialogue about the proposed regulations. continued on page 11

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Legislative Update continued from page 9 Comments can also be submitted in person at one of the following public hearings: Boston: May 18, 10:30 a.m. â&#x20AC;&#x201C; 1:30 p.m. 2nd Floor - Conference Rooms C & D 100 Cambridge St., Boston MetroWest: May 22, 10 a.m. â&#x20AC;&#x201C; 1 p.m. Ablondi Room, Framingham Town Hall Memorial Building â&#x20AC;&#x201C; 150 Concord St.

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Legislative Update continued from page 11

Massachusetts House Passes Fiscal Year 2016 Budget

he Massachusetts House of Representatives recently passed their FY16 budget proposal. The House’s budget proposed a direct appropriations spending level of slightly over $37.962 billion, a $1.024 billion or 2.8 percent increase over FY15. According to the House Committee on Ways and Means, this funding level will keep the Commonwealth in line with the projected tax growth rate of $1.172 billion, or 4.8 percent, agreed to during the consensus revenue hearings. As noted by the House Committee on Ways and Means, the FY16 budget proposal supports the mission of the six agencies under the Executive Office of Energy and Environmental Affairs. In particular, the House budget: • Provides slightly over $30.3 million for the Executive Office of Energy and Environmental Affairs to oversee its six departments while supporting agency wide IT services and the Office of the Environmental Law Enforcement • Provides over $84.2 million for the Department of Conservation and Recreation to maintain the vast network of parks, beaches, dams, and recreational facilities in Massachusetts, including $1 million in new funding dedicated to restoring and preserving our Commonwealth’s beaches • Provides $58.9 million for the Department of Environmental Protection to ensure clean air, water, and land

ous year’s appropriation. UCANE is greatly appreciative of Representative Antonio Cabral’s proposed amendment that would have increased the line-item to $65 million if it had been accepted. The Commonwealth Sewer Rate Relief fund was funded at $1.1 million; a restoration of sorts after the earlier 9C cuts depleted the line-item. Finally, the House rejected an amendment to move Chapter 30, Section 39M, construction work under the general procurement law of Chapter 30B of the General Laws. The measure would have had numerous detrimental impacts on the construction industry. The Senate will now consider its FY16 budget in mid-May. After the Senate passes its budget proposal, the House and Senate will convene a conference committee to settle differences before sending the final budget proposal to the Governor for his approval. continued on page 15

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• Provides $26.7 million for the Department of Fish and Game to manage and protect the Commonwealth’s marine and freshwater fisheries, wildlife species, and plants • Provides $12.8 million for the Department of Public Utilities to ensure the safety of the Commonwealth’s transportation system and gas pipelines while overseeing electric, natural gas, and water utilities Of particular note to UCANE, the House funded the Massachusetts Clean Water Trust contract assistance line-item at $63.7 million. This amount reflects essentially level-funding from the previ-

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Legislative Update continued from page 13

Town of Southbridge Agrees to Water Deal with the Town of Charlton

he Worcester Telegram & Gazette recently reported that the Town of Southbridge agreed to more than quadruple the volume of water it sends to the Town of Charlton. By a Town Council vote of 8-0, Southbridge approved eventually selling up to 500,000 gallons of water per day to Charlton. A draft 25-year contract will now be sent to Charlton's Water-Sewer Commission and selectmen for their consideration.

The proposed pact calls for Southbridge to acquire a new permit from the Massachusetts Department of Environment Protection to pump that much water to Charlton; for Southbridge to relinquish water infrastructure in Charlton to Charlton, a previous sticking point; and for Charlton to make various infrastructure improvements. Under the draft contract, Southbridge would provide an average daily flow of up to 500,000 gallons to Charlton customers, with the exception of Millennium Power Plant, after Charlton improves its system.

Before the improvements are made, Southbridge will send an average daily flow of water up to 200,000 gallons, the proposal said. Currently, Charlton customers collectively use an average of about 100,000 gallons of water per day from Southbridge, and combined Charlton billings are approximately $250,000 a year. The contract also calls for Charlton at its sole cost and expense to build a pump station off Route 169 near Berry Corner Road; complete additional or replacement water line piping on Route 169; complete the installation of a tank mixer on Mass. Ave; complete the installation of a tank mixer in the J. Hammond Road location; and complete the installation of a new waterline on H. Putnam Road from Stafford Street to Route 20. The Town of Southbridge reports that the potential deal with the Town of Charlton will still leave it with capacity to support local economic development projects. continued on page 17

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Legislative Update continued from page 15

Baker-Polito Administration Initiates Comprehensive Regulatory Review

n early April, Governor Charlie Baker signed an executive order immediately initiating a comprehensive review process for all regulations enforced by the Executive Department and leaving in place the regulatory pause announced by the administration earlier this year. Under the executive order, executive branch state agencies are charged with ensuring each regulation is clear and concise and that any newly proposed regulations are measured for their potential impact on businesses of all sizes or other entities, including municipalities and non-profits. Agencies will submit regulatory proposals and impact statements to their secretariat before review by the Secretary of the Executive Office of Administration and Finance (A&F) who will establish a process for encouraging public input, standards, and schedules. The business and competitiveness impact statements will also be made available on the Commonwealth’s website. The Secretary of A&F may also provide for waivers or exceptions to regulations essential to public health, safety, environment, or welfare.

Only those regulations which are mandated by law or essential to the health, safety, environment, or welfare of the Commonwealth’s residents shall be retained or modified. In order to find that a regulation meets this standard, the government agency conducting the review must demonstrate that: there is a clearly identified need for governmental intervention that is best addressed by the agency and not another agency or governmental body; the costs of the regulation do not exceed the benefits; the regulation does not exceed federal requirements or duplicate local requirements; there are not any less intrusive or restrictive alternatives; the regulation does not unduly and adversely affect Massachusetts citizens and customers of the Commonwealth, or the competitive environment in Massachusetts; there is a formal process in place for measuring the effectiveness of the regulation; and, the regulation is time-limited or provides for regular review. There are approximately 2,500 separate regulations currently in place in the Commonwealth today. n

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Water Crisis Requires All Hands on Deck

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Water is essential. Every community, every household in America depends on it. Reliable, safe water supplies are a bedrock of our communities and our economy. The truth is, the availability of safe, clean water is something most Americans assume they have and don’t give it much thought. But communities facing drought, at-risk water supplies or aging water infrastructure know that they are dealing with a crisis if water is not safe and accessible. By Reps. Bob Gibbs (R-OH) and Grace Napolitano (D-CA) The infrastructure that delivers reliable water service to and from homes, farms and manufacturers is often invisible to consumers, which can be good. It means we have succeeded as a nation in making an essential 24/7 service available to the majority of Americans at an affordable price, but we also need to be cognizant of the fact that water infrastructure we rely on has aged. In many communities it is more than a century old. In fact, a water main break occurs somewhere in America every two minutes. Our outdated systems are wasting billions of gallons of water each year, which is unconscionable when millions of Americans are living in epic drought conditions. In Washington infrastructure debates, it is often said that there is no Republican bridge or Democratic pothole. Water faces the similar, nonpartisan stance. Water is an issue of economic, environmental, community well-being.

MAY, 2015

In April, hundreds of water and wastewater providers are gathered on Capitol Hill for Water Week 2015 to stand together on this issue. They are on the front lines in their communities, grappling with the challenges of aging infrastructure, trying new and innovative methods for delivering water and value to their customers, and talking to Congress about what we can do to help. Water is usually addressed and maintained on the local and state level, but the federal government has a significant role to play, and there needs to be a strong partnership. Local water providers are responsible stewards of their water and wastewater systems, and they need flexibility to meet standards based on their region, infrastructure and expertise. One recent success story in providing more local flexibility is the Environmental Protection Agency’s Integrated Permitting Initiative, which allows for local flexibility tied continued on page 21

“BUY FROM THE ADVERTISERS IN CONSTRUCTION OUTLOOK”

Water Crisis continued from page 19 to federal standards that accelerate water projects that move our communities forward. Congress needs to step up and address authorization of the Clean Water State Revolving Fund, and also to make implementation of the Water Infrastructure Finance and Innovation Act a priority. This five-year pilot program will act as a complement to the Clean Water State Revolving Fund as a loan and loan guarantee program to provide credit assistance for drinking water, wastewater and water infrastructure projects. Our current water policy in America needs all hands on deck. Federal policymakers should encourage and incentivize private sector capital interested in infrastructure projects, creating a public-private partnership that can offer a long-term, steady return on investment. We need to engage the scientific and academic community to provide research and insight on the most creative and cost-effective solutions to our water challenges. Many groups, including the hosts of Water Week and the Value of Water Coalition, bring together public and private water providers, private sector interests and other stakeholders to raise awareness about the serious challenges facing our water infrastructure and resources.

We need policies that will help cut the bureaucratic red tape and make large projects more attainable. Our communities and our economy depend on these partnerships. Water issues need to remain a priority as drought conditions worsen in California and East Coast cities emerge from a brutal winter. We must make sure water providers have the support they need to move forward with creative funding solutions to our pressing water issues. We need policies that will help cut the bureaucratic red tape and make large projects more attainable. Our communities and our economy depend on these partnerships. (Gibbs represents Ohio’s 7th Congressional District and has served in the House since 2011. He sits on the Agriculture and the Transportation and Infrastructure committees. Napolitano represents California’s 32nd Congressional District and has served in the House since 1999. She sits on the Natural Resources and the Transportation and Infrastructure committees.) n

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Environmental Viewpoint Robin L. Main, Esq.

Rhiannon Campbell, Esq.

Hinckley Allen, LLP

DEP’s New UST Regulations Robin L. Main is a Partner in Hinckley Allen LLP’s litigation group and co-chair of the firm’s environmental practice group. Rhiannon A. Campbell is an Associate in Hinckley Allen LLP’s litigation and environmental practice groups.

n January of 2015 the Massachusetts Department of Environmental Protection (“MassDEP”) adopted new Underground Storage Tank (“UST”) regulations. MassDEP has exercised enforcement discretion on these regulations for an initial period of 120 days to assist owners and operators to maintain compliance under the new regulations. MassDEP’s enforcement discretion ended on April 30, 2015. The new UST regulations are aimed at the installation, registration, maintenance and inspection of UST systems. Under the new regulations, UST installations must be inspected by the UST system designer before the excavation is backfilled and owners/operators must keep records of these UST installations, including installers’ certifications, manufacturer’s specifications and as-built plans. With respect to UST design, the new regulations require, among other things, that pressurized piping systems must include automatic line leak detectors by January 2, 2016 and that tanks using submersible pumps that do not have a turbine sump must install a turbine sump by January 1, 2019, or when the tank top is upgraded. The new regulations also impose new registration requirements on UST owners and operators. First, regulation of the UST program has largely been transferred from the Department of Fire Services to MassDEP. New UST systems must now be registered with MassDEP within thirty days of a system’s receipt of a regulated substance. Compliance certifications must be submitted to MassDEP every three years, and if a UST is not in compliance, that submittal must include a plan to return to compliance.

MAY, 2015

MassDEP has also eased the burden of record keeping requirements for UST systems by requiring that most records be kept for four years instead of the full life of the UST system. To allow owners and operators time to come into compliance under the new regulations, MassDEP stated on December 31, 2014 that it would exercise enforcement discretion until April 30, 2015. In other words, MassDEP would not issue enforcement for violations found between January 2, 2015 and April 30, 2015 (except for failures to submit third-party inspections due in that time).

However, MassDEP’s leniency recently ended and UST systems must now comply with the new regulations. These changes are just a few of the many promulgated by MassDEP. To read the new regulations in full visit: http:// www.mass.gov/eea/docs/dep/service/ regulations/310cmr80.pdf. n

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HD White Cap’s held a Trade Show on April 30 with over 50 suppliers for the grand opening of their new Boston location.

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MAY, 2015

It certainly has not taken long for UCANE member HD Supply Construction & Industrial White Cap to become one of the go-to supply houses for many local contractors looking for power tools, hand tools, and a myriad of construction products needed for their projects. Since their entry into the Massachusetts market in 2013, the company has invested heavily in inventory and experienced local personnel, and has gained the attention of the construction community. continued on page 26

HD Supply Construction & Industrial White Cap’s Boston store is the company’s newest in the New England region.

MAY, 2015

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HD Supply White Cap continued from page 25

ccording to White Cap President John Stegeman, the company has enjoyed much success as one of the nation’s leading distributors of specialty hardware, tools, and concrete accessories for professional contractors. “Generally, I can divide our product line into four major groups. The first group encompasses tools, equipment, and accessories, including many of the quality brand hand and power tools and construction equipment. The second group would include all items related to concrete construction. The third group would be road and bridge related building supplies. The last group would be the safety products and personal protection equipment. But we have such an extensive product inventory that I would ask UCANE members to visit our website.”

Paul Teutul, Jr. from Orange County Choppers sits on the custom chopper designed for HD White Cap’s 2013 Open House.

HD Supply Construction & Industrial White Cap (HD Supply White Cap), is one of four divisions of parent company, HD Supply. This division has 140 locations and accounts for about $1.3 billion in sales out of the combined HD Supply total of nearly $9 billion in 2014. The White Cap division reported a 15 percent increase in sales from 2013 to 2014, so it seems their business model is working nicely. HD Supply White Cap has been a UCANE member since it first expanded into the New England states in 2013. According to North Regional Vice President David Via, “Our company’s business expansion plans always had the New England region as a huge potential for our services and products business. In the last few years the national business picture became clearer, and we forged ahead with our plans by opening branches in Boston and Stoughton, MA, and one in Manchester, NH. These three branches now serve one of the most active construction regions of the country. We knew that joining a strong local association like UCANE would be a good business decision, and it has proven to be so.” When asked, “What makes your stores unique?” New England District Manager James Agis was quick to point toward the company’s talented and knowledgeable employees. “Their ability to make each customer’s experience exceptional and put them and their needs first is key to our success.” Jim also notes that White Cap prides itself on having great in-store inventory and notes that we can fill almost any order within days. We will handle will-call pick-ups, site delivery, or directship…whatever makes sense for that customer.” continued on page 29

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MAY, 2015

“big s, er and

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It takes steady hands at the controls just to maintain an engine this large, to say nothing of growing it. To handle the job, HD Supply and White Cap have built an all-star team • Concrete and masonry hand tools and to drive growth and manage the accessories interaction of the eight divisions. • All trade hand tools and layout tools

PRIMARY PRODUCTS:

• Job site and personal safety equipment Captain of the team is the CEO of • Above and below grade waterproofing HD Supply, Joe DeAngelo. He joined • Simpson Strong-Tie connectors The Home Depot in April 2004 as VALUE-ADDED SERVICES: senior vice president of its Pro • Tilt-up hardware and brace rentals Business and Tool Rental divisions. • Erosion control His resume includes General Electric • Fleet of safety awareness trailers • Soil stabilization and executive vice president of • On-site safety training and demonstrations • Brand name power tools Stanley Works. When HD Supply • Rebar shop drawings • White Pipe and fittings spun away from Home Depot in Atlanta. Cap’s outside sales 2007, Joe took the helm. • Tilt-up equipment rental Drainage supplies force • alone numbers more than 400 • Rebar fabrication professionals. • Stormwater pollution prevention products Power tool repair facilities In April 2010, DeAngelo• brought • Drywall accessories in industry veteran John Stegeman. • Pre-bid & submittal packages for estimating On the horizon is an entry into the • Welding supplies One of Stegeman’s jobs as• executive Northeast with branches in Newark, Change order support • Lightweight construction equipment president of HD Supply was find a N.J. and Boston, Mass. • to Contractor education seminars • Concrete additives and cementitious products new president for White Cap, but he • Online ordering and back office services White Cap’s business opportuDecorative and stamped concreteloved accessories ALL • STAR LEADERSHIP • 24/7 ordering through the White Cap Mobile App nity so much he encouraged DeAnKeeping all those people on the • Forming lumber • Rentals (in select markets): gelo into letting him take the job. same• page is a and major undertaking Rebar wire mesh • Guardrail systems and is a central focus for the • 3M fire protection products • Ross Traffic control products Stegeman in turn brought in company as it pursues its national • Division 10 specialties • Gas-detection systems Anker from MSC Industrial Supply to positioning strategy and aggressive be vice president of merchandising. growth goals. White Cap and HD Ian Heller, White Cap’s vice president Supply’s leadership team subscribes of marketing, came from Grainger, to what might be termed a nuclear and several other key team players theory of growth, harnessing and followed Stegeman over fromIN CONSTRUCTION OUTLOOK” MAY, 2015 basic elements to “BUY FROM THE ADVERTISERS 27 concentrating Ferguson Supply, where he had unleash tremendous energy that been president and CEO.

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HD Supply White Cap continued from page 26 New England District Sales Manager and company UCANE representative Dennis Ford reiterated White Cap’s commitment to serve its customer base with exceptional service. “Being part of one of the largest industrial products distributors in North America gives White Cap a distinct advantage when a customer comes to us with a problem, whether it’s a unique product they need or if there is a prohibitive time element that they need to meet on a project. We can call on many company resources to help this customer get what is needed when it’s needed. We do not quit on any problem. We are building our company on just this type of customer service, and that’s a big reason why we’ve been welcomed into the Boston and Manchester construction communities.” He went on to say, “When we talk about customer service issues, we mean it. If a contractor needs something, we’ll get it to them. We have an available fleet of three tractors with 40-foot flatbeds and one 24-foot flatbed, all equipped with truck mounted forklifts. We also have one 18-foot flatbed and eight pickup trucks.”

When asked about some of the local projects that their company is involved with, Dennis offered a very impressive list of ongoing projects, including Brigham and Women’s Building for the Future; the Longfellow and Whittier bridges between Boston and Cambridge; the Fore River Bridge in Quincy, MA; the Green Line Extension; buildings being constructed in Boston at the old Filenes site and Watermark at the Seaport; the Plainville Park Casino in Plainville, MA; Thermo Fisher Scientific; New Balance Headquarters; the MIT Chapel Rehabilitation project; the Mass Art Center for Design; the Boston Public Market; Boston Landing; Partners Health; and the Route 95 & 79 Intersection in Fall River, MA. “These are some of our higher profile projects,” said John, “but our accounts include contractors of all sizes. If smaller contractors need something in a hurry, they will get the same personal service. My career in this industry has been in the New England market, so I know most of the contractors in the area, as well as many UCANE members. I’m glad to be continuing my association with UCANE through White Cap.”

UCANE is proud to count HD Supply Construction & Industrial White Cap as a member, and wishes them continued success in the New England region. n

HD White Cap staff at the Stoughton, MA Town Hall Meeting.

MAY, 2015

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MAY, 2015

FAQ: WMAs and the June 15 Deadline

The Cape Cod Commission and the towns of Cape Cod are obligated under a settlement agreement between the Conservation Law Foundation (CLF) and United States Environmental Protection Agency (U.S. EPA) to designate Waste Treatment Management Agencies capable of performing duties spelled out in the Federal Clean Water Act. These designations must coincide with submission of the Section 208 Update by the Massachusetts Department of Environmental Protection (MassDEP) to U.S. EPA on June 15. Below are some frequently asked questions and answers.

MAY, 2015

What

are

WMAs?

A “Waste Treatment Management Agency” or “WMA” is a distinct term that comes directly from the Federal Clean Water Act. It refers to the entities, body or bodies that have been designated to be responsible for the implementation of the Clean Water Act Section 208 Plan Update.

What

do they do?

A WMA must be able to do the following: • carry out the areawide waste treatment management plan; • manage waste treatment works and related facilities; continued on page 33

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Cape Cod continued from page 31 • directly or by contract, to design and construct new works, and to operate and maintain new and existing works as required by any plan developed pursuant to subsection (b) of this section; • accept and utilize grants, or other funds from any source, for waste treatment management purposes; • raise revenues, including the assessment of waste treatment charges; • incur short- and long-term indebtedness; • assure in implementation of an areawide waste treatment management plan that each participating community pays its proportionate share of treatment costs; • refuse to receive any wastes from any municipality or subdivision thereof, which does not comply with any provisions of an approved plan under this section applicable to such area; and • accept for treatment industrial wastes. There are 28 entities on Cape Cod that can

carry out these specific functions, including all 15 municipalities.

Why

is it important for the towns

to act now regarding

WMAs?

As part of the Clean Water Act Section 208 Plan Update, there is a requirement that WMAs be designated when the Section 208 Plan Update is submitted by MassDEP to the U.S. EPA. The U.S. EPA notified MassDEP and the CCC that the update and WMA designations are due to be submitted by June 15, 2015. Each town has the opportunity to work with the CCC prior to the designation of WMAs to ensure that the 208 Plan Update coordinates its approach in shared watersheds Cape-wide.

What is the effect of Conservation Law Foundation v. U.S. EPA settlement agreement? The United States District Court in the matter of CLF v. U.S. EPA recently issued a stay of that litigation while efforts are made to update the 208 continued on page 35

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riced.

ts e dly and. and

Plan and designate WMAs. This is significant because the court has placed a hold on the lawsuit to give the U.S. EPA an opportunity to review the 208 Plan Update and WMA designations. During this time, the CLF may not challenge Cape-wide TMDLs, nor seek any type of Court imposed solution to solve the nitrogen issues on Cape Cod.

What

CCC’s June 15 to towns?

is the

now and

15 Cape

Town meeting is not required for this first step of designating WMAs; it is accomplished by submission of the 208 Plan Update to U.S. EPA by the CCC. U.S. EPA then has the role of deciding if it will accept the WMA designations. If the WMAs nominated can perform the functions listed by Section 208 (c) of the Clean Water Act, they must be accepted. Reprinted with permission from the Reporter, newsletter of the Cape Cod Commission. n

plan between work with the

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There’s no time to go to Town Meeting. How can this be achieved by June 15?

Cape Cod continued from page 33

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Glenn Ferguson Named Norwell Citizen of the Year

orwell Citizen of the Year Glenn Ferguson knows the secret to success: have the right people around you. “When you surround yourself with good people, good things happen and you achieve a lot more,” he said. The Norwell Chamber of Commerce recently named Ferguson Citizen of the Year for his contribution to a number of boards in town, including the school committee, the permanent building maintenance committee, and the athletic fields committee. Ferguson, an environmental civil engineer originally from Connecticut, moved to Norwell 17 years ago with his wife, Julie, to raise their four children, Clay, Graham, Alex, and Anna. He started volunteering almost right away. “I’m a big believer in you get back what you put into your community,” Ferguson said. “I think everyone should get involved in their town. It makes it a better place to live.” Ferguson was instrumental in getting the town’s new police station built. “I got involved with that (project) because it was the right thing to do,” he said. “It (the old station) was just a lawsuit waiting to happen. The floors were so thin, you were afraid you were going to fall through them. It was in violation of plumbing codes. There were no gender cells. It wasn’t ADA-accessible or up to electrical codes.” Ferguson has also served on the school committee for 15 years.

He also put a lot of time and energy into bringing the new artificial-turf fields to the Clipper Community Complex at the high school. Rich Webber, who worked with Ferguson on the athletic fields committee, said Ferguson was a good choice for the Citizen of the Year award. “He dedicated so many hours to the turf fields,” Webber said. “I joke that I started to feel like his spouse. He would call me about the fields at 11 p.m., and then he would be the first one calling me at 6 in the morning.” During the day, Ferguson works as president of Green Environmental of Rockland, a multifaceted environmental engineering firm he started 27 years ago. When he’s not busy being a husband and father of four, volunteering for the town, and working, Ferguson is out exploring the world. He is an avid mountain climber and has spent months climbing some of the world’s biggest mountains, including Mount McKinley in Alaska and Mount Kilimanjaro in Tanzania. Ferguson also has his pilot’s license. “I have a lot of relatives in Nova Scotia. Instead of driving up there, I thought it would be easier to fly,” he said. Chamber of Commerce Director Robert Magown said chamber members were asked to nominate potential recipients of the Citizen of the Year and Business of the Year awards. By Caitlin Flaherty. Reprinted with permission from the Norwell Mariner & Patriot Ledger. Photo: Alyssa Stone/Wicked Local. n

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MAY, 2015

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Eastern Insurance Group, LLC

Construction Sites and Attractive Nuisances

ttractive nuisances are man-made conditions on your property, vacant site, or active site afterhours that draw trespassers. If children trespass on site due to these conditions, the general contractor on the site can be held liable for any injuries they sustain. Construction sites have an abundance of attractive nuisance hazards, especially for children, including unstable walls and surfaces to climb, heavy equipment to play on and man-made ditches that could present a falling hazard. You have the power to thwart – or attempt to thwart – entrance onto your property and discourage young trespassers from getting hurt. If you have any reason to believe that children might trespass onto your construction site, treat the problem with the highest gravity. Doing nothing to prevent the entry or injury of trespassers creates a serious risk for anyone that may enter and for the liability of your company.

Liability of the Owner Even though you may not own the property, if you are working on a site, you are responsible for taking steps to assure that anyone who enters, whether welcome or unwelcome, stays safe from injury. While warning signs are an excellent start, many children may not be able to read them, so it is important to find additional ways of protecting your worksite. Ensure that gates are secured and fences are not easily climbed. Adequately cover or protect any conditions, including ditches, walls, or other man-made physical features that might present a hazard. Your plan to protect from injury may also consist of placing sturdy fencing around hazardous areas and placing warning or “No Trespassing” signs. In addition, all safety equipment, such as hard hats, respirators, and safety clothing, should be stored and locked at the end of each shift to avoid trespasser tampering.

MAY, 2015

Keeping Up the Premises Contractors are also liable for the maintenance and security that the property needs so that it remains safe for all visitors. This includes the following: • Fixing cracks or gaps in walkways to avoid slip and fall dangers. • Locking all hazardous tools, equipment, and chemicals away from the public. • Ensuring that employees can conduct work duties without the risk of injury. • Hanging flood lights in areas with low visibility. • Taking steps to install wireless electronic alarms or security doors and screens. • Installing rescue equipment.

In attractive nuisance cases, negligence means that the contractor was aware that someone could be injured on the property and did nothing to prevent it. If you take all necessary precautions to prevent injury on site, you are less likely to be found negligent in a premise liability suit. n

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EPA to Air Force: Test Water for Contaminants or be Fined By George Brennan

AMP EDWARDS — The Air Force cleanup program at Joint Base Cape Cod could face fines of up to $10,000 per week for failing to comply with a request to test for perfluorochemicals, an EPA official said. Known as PFCs, they are an emerging contaminant, meaning they have not yet been linked to health issues in humans but studies on animals show they have ill effects. In New Hampshire, PFCs have been detected in drinking water supplies near the former Pease Air Force base and concerns are so high that state health officials are offering blood tests to people who have been drinking the water, according to published reports. Lynne Jennings, an official with the Environmental Protection Agency who oversees the groundwater cleanup at Joint Base Cape Cod, said the federal agency issued a notice of violation March 25 and is giving the Air Force Civil Engineer Center until April 24 to issue a water testing plan. Failure to comply could result in a $5,000 fine the first week and $10,000 for each additional week the Air Force fails to comply, she said. The revelation came Wednesday night April 7 during a meeting of the Joint Base Cape Cod Cleanup Team, a group of environmental regulators, the military and private citizens who oversee the massive groundwater cleanup underway at the Upper Cape base. Air Force officials were quick to point out they are not against performing the requested water sampling, but had to go through the process of getting funding from the U.S. Department of Defense and then awarding a contract. The Air Force had already done some preliminary site work to get ahead of the request and now has the money, said Rose Forbes, remediation program manager for the cleanup program.

MAY, 2015

The Environmental Protection Agency is ordering the Air Force cleanup program at Joint Base Cape Cod to test for perfluorochemicals near the flight line as well as in private wells off the base. Cape Cod Times file photo. The contract, estimated at more than $1 million, is expected to be awarded within the next month. The EPA has been pushing for expanded tests at Joint Base Cape Cod in response to results at Pease, where high concentrations have been found near the flight line, Jennings said. "That was a red flag we should be looking at the flight line here," she said. Flight lines are of particular concern because firefighting foam, which contains PFCs, was often used to either douse a fuel spill fire or to make sure one didn’t start, Jennings said. Some testing has been done at a former fire training site at Joint Base Cape Cod over the summer and PFCs were detected there at levels well above the provisional health advisory of 0.2 micrograms per liter. For example, one compound was detected at 19 micrograms per liter. continued on page 43

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Around New England continued from page 41 PFCs were also detected in two off-base wells, one a drinking water well and the other used for irrigation, but they were below the advisory levels, Forbes said. Much of the base is surrounded by neighborhoods on municipal water supplies, but of particular concern is an area near base runways where private wells are still used for drinking water. A review done by the Air Force shows that there are 127 private wells in use near Route 130 in Sand-

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wich and Mashpee and 72 of them, mostly in Mashpee, are being used for drinking water, Doug Karson, a spokesman for the Air Force Civil Engineer Center, said. Those have never been tested for contaminants in large part because none of the groundwater plumes migrate in that direction, Jon Davis said. Davis is the supervisor of the McGuire Installation Support Team, which includes Joint Base Cape Cod among other bases. The EPA is asking for testing of those private wells and is even contemplating doing the testing on its own if the military does not move more quickly, Jennings said. One of the issues with PFCs is the source is difficult to determine, Forbes said. Household products contain the chemical from nonstick cookware to food wrappers to Post-it notes, she said. The EPA has been seeking tests since the summer and requested the work plan by letter in January, Jennings said. The slow response has led to the threat of fines, she said. "We didn't see a firm commitment for the work to be done," Jennings said. Forbes disagreed. "From the Air Force perspective, I feel we have been responsive," she said, conceding that she could have done a better job reporting to the EPA what was done. The Air Force tries to be responsive whenever a potential contaminant emerges, Forbes said.

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"Public health is the most important thing," said Phil Goddard, a Bourne representative to the cleanup team. He asked if EPA could do the testing and then seek reimbursement from the military, which Jennings said is a possibility. Reprinted with permission from the Cape Cod Times. continued on page 45

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The Narragansett Bay Commission Allocates $815 Million to Complete Sewer Overflow Project

he Board of Commissioners of the Narragansett Bay Commission has voted to move forward with an $815 million project. This will become the third phase of a decades long plan to treat contaminated storm water that inundates Providence, Pawtucket, and Central Falls sewer systems. The century-old systems overflow into the Seekonk and Providence rivers, and the upper part of the Narragansett Bay. The Bay Commission has already spent $360 million on the first phase and $187 million on the second phase of this project, which should capture 60 percent of the storm water that passes through the systems. Phase three will be the largest part of the plan and brings the project’s total price to $1.36 billion, and should solve the

problem of bacteria-laden storm water passing through the systems. Close to 119,000 households in the commission’s service area have assumed the cost of the project. The average annual bill for these households has tripled in the last 14 years since the project began, going from $165 a year to $490 a year, but this is still lower than the state average water bill when compared with other cities and towns. The commissioners expressed concern over the increased burden being placed on ratepayers. “The whole process is a balancing act between affordability and water quality improvements,” said Ray Marshall, executive director of the commission. continued on page 47

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Waltham to Receive $3.6 Million for Sewer Issue Help

By Ryan Grannan-Doll

altham will receive $3.6 million in funding to help fix its ongoing inflow/infiltration (I/I) issues that plague city sewer pipes and cause raw sewage to flow into roads. City and Massachusetts Water Resources Authority (MWRA) officials made the announcement Tuesday April 1 during a press conference at City Hall. The funding will be used for projects in Cedarwood, Main Street and the West End areas, according to Mayor Jeannette McCarthy. The MWRA’s community assistance program will provide the funding. Approximately $2.3 million of the funding is grants and the remaining is no-interest loans, McCarthy said. Inflow and infiltration occurs when storm and

ground water flow into illegally connected sewer pipes and increases the burden on the city’s aging pipe infrastructure. The water often infiltrates into places where the pipes are cracked or damaged. McCarthy said fixing I/I issues will ultimately lead to lower sewer bills for ratepayers. The announcement comes on the heels of Ward 9 Councilor Robert Logan pushing newlyproposed ordinance changes intended to help address the city’s I/I issues. Currently, business owners must find and pay for sewer projects if they intend to open a new location in the city. The fees go to fixing I/I issues. Reprinted with permission from Waltham News Tribune. n

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UCANE’s 36th Annual

Monday, July 13, 2015 Brookmeadow Country Club Canton, MA

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IN THIS ISSUE: • Holding Stocks in Retirement Accounts • Finding a Low-Tax State • What Lower Oil Prices Mean to Your Company

Smart Tax, Business & Planning Ide

Holding Stocks in Retirem Holding Stocks in Accounts Retirement Accounts

he stock market goes up and, as we’ve learned, it goes down. Despite the volatility, stocks have been excellent long-term investments for many decades, and there’s no reason to think that the future will be different. Regular investing in equities, through bull and bear markets, probably should be part of your strategy for building an investment portfolio you can tap in retirement. Many people do virtually all of their investing in 401(k) and similar employersponsored retirement plans. They often roll those accounts into IRAs, continuing the tax deferral. If you’re in that category, you’ll do your stock market investing inside your retirement account; you can decide what portion to allocate to equities.

Mixing yo

On the othe a tax-deferr taxable inve addition to you might h with broker companies w is taxed eac where do yo circumstanc Example old with no Example 1: Jim Morgan 33 years old with no35 years. W The stock market goes upisand, as we’ve plans to retire for atdown. least 35 years. With learned, it goes Despite the such a longJim invests m time horizon, Jim invests mainly in equities, where he volatility, stocks have been excellent long- expects the expects the greatest long-term returns. Jim invests investments decades, histerm 401(k) contributionfor in many the stock marketand and alsoJim invests h there’ s nofunds reason to taxable think that the future stock marke holds stock in his accounts. will be different. Regular investing in Other investors, especially those closer to retire-in his taxabl ment, may prefer to hold mix of stocks, bonds, and Other inv equities, through bulla and bear markets, Mixing Your Money other asset classes. Investors with such a diversifiedto retiremen probably should be part of your strategy portfolio as well as taxable and retirement accounts On the other hand, you may have both a taxfor building an investment portfolio you of stocks, bo must decide where to hold their stocks. deferred retirement account and a taxable investcan tap in retirement. Investors wi ment account. That is, in addition to your retirement Example 2: Barbara Owens, age 50, has a Many people do virtually all of accounts, you might have one or more accounts with 401(k) account, a traditional IRA and a brokerage ac-as well as ta theirHer investing 401(k) and similar brokerage firms or mutual fund companies where count. desiredinasset allocation is 50% in equi-must decide ties and 50% in fixed income. Barbara can choose Example any investment income is taxed each year. In that employer-sponsored retirement plans. among these accounts for holding her stocks. situation, where do your stocks belong? Individual They often roll those accounts into IRAs, has a 401(k circumstances may dictate the decision. continuing the tax deferral. continued If you’re on in page 57and a broke that category, you’ll do your stock market asset allocat investing inside your retirement “BUY FROM THE ADVERTISERS IN CONSTRUCTION OUTLOOK” account; 55and 50% in MAY, 2015 you can decide what portion to allocate can choose

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MAY, 2015

Financial Management continued from page 55 Bigger Buildup The case for holding stocks inside a retirement account is straightforward: They have higher expected returns. Morningstar’s Ibbotson subsidiary reports that large company stocks historically have returned around 10% a year for patient investors. If Barbara contributes a maximum $24,000 to her 401(k) in 2015 and puts that money into stocks that return, say, 9% per year, that contribution would grow to around $96,000 in 16 years. Invested in bonds that earn, say, 6% a year, Barbara’s $24,000 contribution would grow to about $60,000 in 2031, which is when she plans to retire, roll her 401(k)into an IRA and start taking distributions. Naturally, Barbara would rather have $96,000 in her IRA than $60,000. Keep in mind that difference is from one year’s contribution. If Barbara keeps investing her 401(k) money in stocks, year after year, and stocks approach historic norms, her retirement fund would be much larger than it would be with bonds. To keep her desired asset allocation and moderate portfolio volatility, Barbara can contribute to bond funds in her taxable brokerage account.

Tax Treatment If projected returns from stocks are higher than they are from bonds, why not hold your stocks in taxdeferred territory? In a 401(k) account or an IRA, the higher returns can be compounded without an annual reduction for income tax. However, holding stocks in a tax-deferred retirement account means giving up some key tax advantages. Under current law, stock dividends taken in a taxable account usually are taxed at only 15%; some taxpayers owe 0% on dividends, whereas a 20% tax rate applies to investors in the highest tax bracket. The same bargain tax rates apply to long-term capital gains realized in a taxable account. What’s more, investors can take capital losses in taxable accounts—

losses that can provide valuable tax advantages. In a 401(k) or an IRA, taking capital losses won’t provide any tax benefit. Moreover, any distributions from such retirement accounts will be taxed as ordinary income, at rates that now go up to 39.6%. (The tax rates mentioned may actually be higher, because of various tax code provisions.) What could have been bargain-taxed stock dividends and long-term gains may be transformed into fully taxed IRA distributions.

Looking Ahead Today’s tax rates are meaningful, but what really will count are the tax rates in effect in the future, when you draw down your portfolio for retirement income. Perhaps you’ll have a low tax rate then, without earned income, so paying ordinary income tax on IRA distributions won’t be terribly painful. Alternatively, ordinary income tax rates may be much higher in the future, so the IRS’ share of your stock market gains could be greater when you withdraw those profits from your IRA. No one has a crystal ball about future personal income and tax rates. Nevertheless, you should keep the tax aspects in mind when you decide whether to hold your stocks and stock funds in a taxable or taxdeferred account. continued on page 59

Crushed Stone & State Specified Dense Graded Base Manufacturer & Installer of Bituminous Concrete Products:

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58 “BUY FROM THE ADVERTISERS IN CONSTRUCTION OUTLOOK” 56 “BUY FROM THE ADVERTISERS IN CONSTRUCTION OUTLOOK”

MAY, 2015 NOVEMBER, 2009

Financial Management continued from page 57

Finding a Low-Tax State

any people today are not tethered to a job location, so they can choose where to live. Those in this category range from retiring Baby Boomers, ready to relocate, to new graduates about to enter the work force. Others who can pick their place of residence include certain self-employed individuals and people who are employed but able to work remotely, thanks to today’s technology. If you can choose where to live, you might weigh many factors, from desirable weather to the proximity of family and friends. A low cost of living, especially when it comes to housing, also can play a role. Another key living cost will be the level of taxation you’d face in a given state.

MAY, 2015

Income Taxes When you think of taxes, income tax might be your primary concern. Some states (Alaska, Florida, Nevada, South Dakota, Texas, Washington, Wyoming) have no personal income tax, whereas Connecticut and Tennessee tax only certain amounts of investment income. At the other end of the spectrum, many counties, cities, and school districts across the nation impose an income tax, in addition to state tax. For example, it’s common for New York City residents to be in a combined (city and state) income tax bracket of over 10%. That said, you should look closely at an area’s complete income tax situation before crossing it off your list. Some states offer attractive tax benefits to retirees, including full or partial tax exemptions for Social Security benefits, pensions, and distributions from tax-favored retirement accounts such as IRAs. Thanks to federal legislation, people who relocate to a different state won’t owe tax to their old state on retirement plan distributions. Seniors might owe little tax, even in a continued on page 61

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MAY, 2015

Financial Management continued from page 59 supposedly high-tax state, if they have scant earned income or taxable investment income. In addition, the state or local income tax you pay might be deductible for federal income tax purposes, reducing the effective tax rate. Example: Walt and Vicki Taylor are in the 25% federal tax bracket. This year, they pay 8% of their $100,000 taxable income in state and local income tax, taking an $8,000 itemized deduction for those outlays. By reducing their federal taxable income by $8,000, the Taylors save $2,000 in tax (the $8,000 deduction times their 25% federal tax rate), reducing their net state and local tax cost from $8,000 to $6,000, or 6% of their income. That’s a simplified example, as the actual calculation can be complicated. If the Taylors wind up owing the alternative minimum tax (AMT), they’ll get no deduction for their state and local income tax payments, so their actual cost would be 8%. The same is true if the Taylors take the standard deduction, so they don’t deduct their state and local taxes.

Other Taxes

Trusted Advice Estimating Business Taxes • If you are filing as a sole proprietor, partner, S corporation shareholder or a self-employed individual, use IRS Form 1040-ES, Estimated Tax for Individuals, for estimated taxes. • High-income business owners paying estimated tax as individuals may owe a penalty if the total of withholding and timely estimated tax payments does not equal at least 90% of the current year’s tax or 110% of the prior year’s tax. • C corporations should use IRS Form 1120W, Estimated Tax for Corporations, for estimated taxes. They generally must deposit the payments via the Electronic Federal Tax Payment System. Installment payments are due by the 15th day of the 4th, 6th, 9th, and 12th months of the corporation’s tax year.

Although income taxes are certainly noticeable, you shouldn’t focus solely on them. In most states • Generally, each required installment for a C and cities, you’ll owe other types of taxes, which you corporation is 25% of the income tax that should include in your comparison. corporation will show on its return for the Previously, an example showed the Taylors current year or for the prior year (provided that owing $8,000 in state and local income tax. If the Taylors are homeowners, they could pay $10,000 or the prior year was a 12-month tax year and more in property tax, in some areas. Moving to a the corporation filed a tax return for the year state with little or no income tax might not be a good showing a tax liability), whichever is smaller. choice if the area where you plan to buy a home charges extremely high property tax. Indeed, steep property taxes that increase in the future could MBO Precast Inc. make a retirement home unafford4 Marion Drive • Carver, MA 02330 able, forcing you to sell. As is the T: 508-866-6900 • F: 508-866-5252 case with income tax, you should calculate the net cost of property www.MBOPrecast.com tax payments, after any likely federal tax deduction. Stone Strong Retaining Wall Systems Sales taxes also should be Manholes / Catch Basins / Custom Structures considered. Altogether, comparing Septic Tanks / Leaching Products taxes from one residential location to another can be complicated. Just keep in mind that taxes are only part of the cost of living at a particular address, and the total cost of living is merely one aspect to consider when deciding where to live. continued on page 62

MAY, 2015

“BUY FROM THE ADVERTISERS IN CONSTRUCTION OUTLOOK”

Financial Management continued from page 61

What Lower Oil Prices Mean continued from page 3 to Your Company

s ofasthis writing, oil sells for well. If yourcrude company has vehicles around $55for a barrel, from over it uses service down or deliveries, you’ll $100also in see mid-2014. The last time oil reduced outlays for buying prices were (briefly) this low was at the fuel to run them. start of 2009, at the nadir of the financial Companies cold-weather areas crisis. Lower oil prices in have driven down U.S. may paid30%, less for the cost of ofthe gasoline byhave nearly to around $2.50 a gallon, while home heatheat this past winter, despite some ing oil fell by spells. more You thanalso 30% this frigid may be past paying winter, to less than $3 a gallon. lower utility bills as the heating business.Higher Lower Revenues costs might speed up Such changes can have a huge impact this good news even better, oil prices season transitions to air conditioning Making real estate construction, for lower instance, on small companies—surveys indicate also act like a tax cut for your customers. If you deal with months. Altogether, the steep drop consumers, whichthe would help companies serving money they’re not dumping into their that some businesses benefit by thoucars’ gas tanks may wind up paying for your company’s in oil prices acts like a meaningful tax that industry. What’ s more, lower sands of dollars a month. If your compaproducts and services. For certain types of businesses, ny will enjoy thismany type small of windfall, you can cut for businesses. oil prices may keep inflation down, lower gas prices mean that it’s more likely that you and decide what to do with it. otherwhich company representatives will drive to see could lead to continued lowclients Lower Costs Higher revenues

or prospects, resulting in increased sales. interest rates and a favorable climate Even if you don’t deal directly with consumers, money to help lowerfor oil borrowing prices can have a ripple effect your that brings in more business. Lower costs might speed up real company grow. estate construction, for instance, which would help companies serving that industry. What’s more, lower oil prices may keep territory inflation down, which could lead Troubled to continued low interest rates and a favorable climate As is often theto case, falling oil prices for borrowing money help your company grow.

Making this the good news even better, For many companies, most obvious result of lower oil prices is a drop in transportation costs. Your lower oil prices also act like a tax company is paying less now for gas for any company cut for customers.probably If you deal cars; employee fuelyour reimbursements are down as well. If your company has vehicles it uses for with consumers, the money they’re service or deliveries, you’ll also see reduced outlays nottodumping for buying fuel run them. into their cars’ gas produce losers as well as winners. tanks may wind areas up paying for may your Companies in cold-weather of the U.S. Troubled Territory have paid less for heat this past winter, despite some If your customer list includes company’s products and services. As is often the case, falling oil prices produce losfrigid spells. You also may be paying lower utility bills energy you stand to Forseason certaintransitions types oftobusinesses, ers as well ascompanies, winners. If your customer list lose includes as the heating air conditioning companies, you stand lose business months. Altogether, theprices steep drop in oil prices business as those firmstoreduce capitalas lower gas mean that it’s acts more energy continued on page 63 like a meaningful tax cut for many small businesses. spending, lay off workers, and so on. likely that you and other company The same can be true if you have a representatives will drive to see local business serving an area that clients or prospects, resulting in has prospered in the recent American increased sales. The Smart Choice Alldeal Your Site Development Needs boom. Even if youFor don’t directly with oil drilling Nevertheless, most small consumers, lower oil prices can have companies stand to come out ahead a ripple effect that brings in more

P.A. Landers, Inc.

from low profits m balance effects o Other u might in improvin bonuses boost m workers. Will will they digits? N seers pre in dollar worldwi growth a supplies for a wh possibili oil shou current ideas ab plumper More an incre of lower other re your est make su penalties

“WE DELIVER QUALITY BY THE TRUCKLOAD” 351 Winter Street • Hanover, MA 02339 Route 130 • Sandwich, MA 02563 800.660.6404 • 781.826.8818 800.834.4333 • 508.477.8818 Fax: 781.829.8934 Fax: 508.477.8818 www.palanders.com

TAX CALENDAR

MAY 2015 62

If you are a U.S. citizen or residen “BUY11 FROM THE ADVERTISERS IN CONSTRUCTION OUTLOOK” on military duty) MAY,outside 2015 the Unite May file Form 1040 and pay any tax, in Employers. For Social Security, Medicare, and withheld income tax,

Financial Management continued from page 62 those firms reduce capital spending, lay off workers, and so on. The same can be true if you have a local business serving an area that has prospered in the recent American oil drilling boom. Nevertheless, most small companies stand to come out ahead from lower oil prices. The extra profits might go to bolster your balance sheet, if it’s still feeling the effects of the 2008–2009 downturn. Other uses of increased cash flow might include business expansion, improving customer service, paying bonuses to current employees to boost morale, and hiring more workers. Will oil prices stay down or will they bounce back into triple digits? No one can say, just as few seers predicted the recent retreat in dollars per barrel. Apparently, worldwide slackening of economic growth along with increased oil supplies may hold prices down for a while. In any case, the possibility of relatively inexpensive oil should be in your company’s current business plan, as well as ideas about what to do with any plumper profits. Moreover, if you are expecting an increase in profitability because of lower oil prices (or for any other reason), you should review your estimated tax strategy to make sure you avoid underpayment penalties. Reprinted from CPA Client Bulletin. n

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MAY, 2015

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

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Advertisers’ Index ATS Equipment, Inc. .................................................... 20 American Shoring, Inc.................................Ins. Back Cvr. Boro Sand & Stone Corp.............................................. 13 Dennis K. Burke, Inc..................................................... 33 C&S Insurance Agency, Inc.......................................... 32 Concrete Systems, Inc.................................................. 44 Dagle Electrical Construction, Corp.............................. 46 Darmody, Merlino & Co., LLP........................................ 57 Dedham Recycled Gravel............................................. 54 DeSanctis Insurance Agency, Inc. ............................... 45 Dig Safe System, Inc..................................................... 63 The Driscoll Agency ..................................................... 59 EJ.................................................................................. 12 Eastern Pipe Service, LLC............................................ 15 Eastern States Insurance Agency, Inc.......................... 56 Eastpoint Lasers, LLC................................................... 60 T. L. Edwards, Inc.......................................................... 37 Excellence In Safety Inc................................................ 51 Ferguson Waterworks..................................................... 5 Foley Carrier Services, LLC.......................................... 60 Genalco, Inc.................................................................... 7 GEOD Consulting, Inc................................................... 43 L. Guerini Group, Inc..................................................... 52 HD Supply Const. & Industrial White Cap.................... 28 HD Supply Waterworks................................................... 2 A. H. Harris Construction Supplies............................... 58 Hinckley Allen, LLP....................................................... 34 JESCO.......................................................................... 54 P. J. Keating Company.................................................. 42 P. A. Landers, Inc.......................................................... 62 Lawrence-Lynch Corp................................................... 50 Lorusso Corp................................................................. 56 Lorusso Heavy Equipment, LLC................................... 30 MBO Precast, Inc.......................................................... 61 Mabey, Inc....................................................................... 9 Mass Broken Stone Company...................................... 57 Milton CAT..................................................................... 36 Norfolk Power Equipment, Inc...................................... 56 North East Shoring Equipment, LLC............................. 50 Northland JCB............................................................... 43 NorthStar Insurance Services, Inc.................................. 8 Ocean State Oil..............................................................11 Our Outhouses, Inc....................................................... 35 Palmer Paving Corporation........................................... 47 E. H. Perkins Construction Co., Inc.............................. 64 Podgurski Corp............................................................. 63 E. J. Prescott, Inc....................................... Ins. Front Cvr. Rain For Rent-New England......................................... 38 Read Custom Soils ...................................................... 58 Rogers & Gray Insurance Agency, Inc.......................... 40 Rodman Ford Sales, Inc............................................... 10 Salem Dental Arts, PLLC.............................................. 18 Schmidt Equipment, Inc.....................................Back Cvr. Scituate Concrete Products Corp................................... 4 Scrap-It, Inc..................................................................... 6 Shea Concrete Products............................................... 22 Smith Print..................................................................... 52 Starkweather & Shepley Ins. Brokerage, Inc................ 17 Systems Support Corporation.......................................11 Taylor Oil Company....................................................... 21 Ti-SALES, Inc. .............................................................. 51 Albert J. Tonry & Co., Inc................................................ 5 TrenchTech Inc.............................................................. 60 United Concrete Products, Inc. .................................... 52 United Rentals Trench Safety....................................... 14 The Vellano Companies, Inc......................................... 58 C. N. Wood Co., Inc. .................................................... 48 Woodco Machinery, Inc................................................ 16

“BUY FROM THE ADVERTISERS IN CONSTRUCTION OUTLOOK”

MAY, 2015

from Design to Delivery American Shoring is the Leader in High Quality, ModularTrench Shoring A complete line of heavy duty and light weight aluminum or steel trench shoring is available for all your needs. Our staff is waiting for your call with professional advice to recommend the best specific product for your project. Field service support and supervision available with on site assembly and take down. Inquire about our Competent Person, Confined Space & OSHA 10 training classes. All systems are manufactured in the USA.

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sales@americanshoring.com In New England

SALES • RENTALS • SERVICE REPAIRS • TRADE-INS RECERTIFICATION

American Shoring of Massachusetts, Inc.

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

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