Construction Outlook November 2016

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

NOVEMBER, 2016

Tony and Karen Borrelli

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W H A T E V E R Y O U N E E D , W H E N E V E R Y O U N E E D I T, N O M AT T E R W H AT.

Years of Excellence 1954-2016

NOVEMBER, 2016

IN THIS ISSUE

OFFICERS President JOHN OUR

Robert B. Our Co., Inc.

President-Elect PAUL SCENNA

Albanese D&S, Inc.

Treasurer RICHARD PACELLA, JR. R. M. Pacella, Inc.

Secretary MARCELLA ALBANESE

Albanese Brothers, Inc.

BOARD OF DIRECTORS VINCENT BARLETTA

Barletta Heavy Division

JOHN BERKSZA

Eastern Insurance Group, LLC

NICK BIELLO

J. D’Amico, Inc.

3 President’s Message:

Our Banquet is Just a Reminder of UCANE’s Uniqueness

5 Legislative Update:

• Election Results in Massachusetts: Continued Democratic Supermajority and Policymaking by Ballot • City of Quincy Takes the Lead in Identifying Lead Contamination in Schools • MassWorks Grants Totaling $8.8 Million Awarded to Rural Communities • City of Melrose Plans “Aggressive” Five Year Program for Sewer System • News in Brief

15 UCANE’s Annual Christmas Party & Scholarship Auction 17 Council Supports $88M in New Bedford Water, Wastewater Projects 18 UCANE’s 62nd Annual Banquet 34 UCANE’s Banquet Sponsors

TONY BORRELLI

40 Contractor Member of the Year

Celco Construction Corp.

Tony Borrelli, Celco Construction Corp.

GERRY CARNEY, JR.

43 Associate Member of the Year

C. N. Wood Co., Inc.

KEVIN COLE

J. F. White Contracting Co.

BRIAN COONEY

C. C. Construction, Inc.

JON D’ALLESSANDRO D’Allessandro Corp.

GREG FEENEY

Feeney Bros. Excavation, LLC

JERRY GAGLIARDUCCI

Gagliarducci Construction, Inc.

MARCO GIOIOSO

P. Gioioso & Sons, Inc.

A. J. LORUSSO

Lorusso Heavy Equipment, LLC

AL MORTEO

FED. CORP.

JOSEPH PACELLA

RJV Construction Corp.

BRIAN RAWSTON

Jay Cashman, Inc.

PAUL A. UMBRO

Umbro & Sons Const. Corp.

CHRIS VALENTI

GVC Construction, Inc.

DAVID ZOPPO

R. Zoppo Corp.

ANNE KLAYMAN

Executive Director

Adam DeSanctis, DeSanctis Insurance Agency, Inc.

45 Wastewater Stepchild? Changing the Perception of Stormwater 49 Spotlight on Cape Cod:

Nantucket Voters Approve $80M Sewer Project

51 NBM Presents UCANE With Special Recognition Award 53 Whistleblower Protection Under the Affordable Care Act 57 Financial Management: • • • • • • •

More Certainty for Year-End Tax Planning Year-End Planning for Itemized Deductions Year-End Planning for Deducting Taxes Paid Year-End Planning for Charitable Donations Year-End Planning for Medical Deductions Year-End Retirement Tax Planning Year-End Business Tax Planning

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

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Our Banquet is Just a Reminder of UCANE’s Uniqueness The primary reason that UCANE stands out among other trade associations is that it is not one dimensional. I recently had the pleasure of attending UCANE’s 62nd Annual Banquet at the Newton Marriott Hotel, where “The Roaring Twenties and The Great Gatsby Era” was the evening’s theme.

I

t was really inspirational for me to see how the more than 600 people who attended joined together to enjoy a night that delivered on its promise to give everyone a moment in time when they could sing, dance, dine, drink, laugh, and leave any and all of their problems behind. To me, this is just another example of UCANE’s uniqueness. I don’t think there is another Association like ours, and I am very proud to have served as President for the past year and do my small part for a great organization.

For those who were not able to attend, you’ll have the opportunity to see photos of this gala event in this issue of Construction Outlook. You’ll see that, once again, this banquet was “over the top.” But as our Executive Director Anne Klayman said during her introductory remarks, “All of this was made possible through the generosity of our members and friends, and I want to thank everyone who helped make this evening so memorable.”

I would also like to congratulate our 2016 Contractor of the Year, Tony Borrelli of Celco Construction Corp., and 2016 Associate Member of the Year Adam DeSanctis of DeSanctis Insurance Agency, Inc. Having served on the UCANE Board of Directors with Tony the past few years, I have seen firsthand his strong and unwavering commitment to UCANE. I can think of no one more deserving of this award. Adam DeSanctis is also highly respected by everyone in our industry and his being elected to our Board of Directors was another indication of our members respect for him.

I have attended several UCANE Banquets over the years, but this was my first one as President of our Association. The following day, I had a chance to reflect on what makes UCANE such a special Association. Obvi-

NOVEMBER, 2016

ously, our common goal is our advocacy that investing in clean water and drinking water systems is not only vital for our citizen’s standard of living and safety, but smart economic development.

While a strong business environment is important to our members, it is not their only common interest. In meeting after meeting, I have had a chance to see how our members go above and beyond to give back to their communities and their employees. An example of their philanthropic goals is UCANE’s 35-year affiliation with the Leukemia & Lymphoma Society of MA. Specifically the work of past president Al Morteo and his wife Rosemary, who co-chaired an event this past year that raised over $600,000, and in the last few years their total raised has been in the millions of dollars. Many other charitable endeavors are supported by our members as well, but they are just too numerous to list.

Our members’ employees are not forgotten either. On December 7, 2016, at The Lantana in Randolph, MA, our members will support our Annual Christmas Party and Scholarship Auction to benefit the children of our members and their employees. In the spring, twelve $2,000 scholarships will be awarded; and UCANE’s total contribution to this program over the last 43 years has exceeded $1 million.

I am very proud of our Association’s accomplishments, but make no mistake, it’s only through our members’ continued support and their willingness to give back that makes it all happen.

I would like to take this opportunity to wish all of our members and their families a very Happy Thanksgiving. n

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Mark Molloy, Esq., Lynch Associates, Inc.

Election Results in MA: Continued Democratic Supermajority and Policymaking by Ballot

W

ith a contentious presidential race, it is often easy to forget the state legislative elections that impact the Commonwealth more directly than federal elections. While Democrats held 126 of the 160 seats in the House this session and 34 seats in the 40-member Senate, there were a number – not many – of strongly contested races. That said, Democratic candidates kept all three open Senate seats under Democratic control. In doing so, Adam Hinds will succeed Senator Benjamin Downing; Representative Walter Timilty won the seat being vacated by Senator Brian Joyce; and former policy director of the Massachusetts Department of Public Health, Julian Cyr, won retiring Senator Dan Wolf’s Cape and Islands district.

On the House side, every incumbent – Democrat or Republican – on the ballot for the general election held their seat. To that end, Representatives Don Wong, Danielle Gregoire, Steve Howitt, and Shauna O’Connell withstood significant opposition in doing so. Of the open

seats, where members retired or moved up to higher office, Democratic candidates Natalie Higgins, Dylan Fernandes, and Jack Lewis were successful as was Republican Will Crocker who won retiring Democratic Representative Brian Mannal’s seat, increasing the number of Republicans in the House to 35 of 160 come January. Overall, less than one third of the 200 districts were contested, with 25 candidates for 40 Senate seats running unopposed and 117 candidates for House seats going unchallenged in the general election.

With respect to the ballot questions, it appears the Commonwealth has found a new manner of policy making that it prefers. Both Question 3 (preventing animal cruelty) and Question 4 (legalizing and taxing marijuana) were passed by voters. Question 1 (expanded gaming) and Question 2 (expanding the number of charter schools) were voted down. Questions 2 and 4 saw the most campaign resources dedicated to them from interested parties.

City of Quincy Takes the Lead in Identifying Lead Contamination in Schools

T

he Patriot Ledger recently reported that the City of Quincy Public Schools found lead in the water in five more of its drinking fountains, bringing the total up to 9 water fountains and 71 sinks in its schools surveyed to date. The Quincy Public Schools immediately took action with a plan for all lead contaminated pipes, sinks, and fountains to be fixed within a few months. It was further reported that tests also showed that the water supply entering the schools and being carried through the major pipes in the schools do not have elevated lead levels.

Officials say that lead likely got into the water samples from pipes or soldering installed before 1986, when the use of lead in plumbing equipment was banned. Water that has a lead concentration over 15 parts per billion

NOVEMBER, 2016

is defined by state and federal officials as having actionable levels. The Environmental Protection Agency and Centers for Disease Control and Prevention caution that there is no safe level of lead consumption other than zero.

In taking the charge in eliminating lead from the city’s water, the City of Quincy plans to use a $1 million no-interest loan from the Massachusetts Water Resources Authority to replace any existing lead service lines leading into homes, schools, or businesses. Of the district’s 20 schools, only five have no sinks or water fountains with elevated levels: Central, Point Webster, Clifford Marshall, Della Chiesa Early Childhood Center, and Atherton Hough. continued on page 7

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Legislative Update continued from page 5

MassWorks Grants Totaling $8.8 Million Awarded to Rural Communities

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he Baker-Polito Administration announced the first $8.8 million in MassWorks Infrastructure Program grants for 2016 to support nine rural infrastructure projects, located in 10 communities. MassWorks grants will allow the Towns of Avon, Charlemont, Chesterfield, Lee, Millville, Phillipston, Petersham, Shirley, Stow, and West Brookfield to make critical improvements to regionally significant roadways and improve safety and circulation for pedestrians and bicyclists through Complete Streets upgrades.

The MassWorks Infrastructure Program makes grants to public infrastructure projects that generate additional private sector investment. Each year, the MassWorks program allocates 10 percent of awarded funds to assist municipalities with populations of 7,000 or less in completing roadway safety and transportation improvement projects. According to a press release issued by the Governor’s office, the MassWorks Infrastructure Program provides a one-stop shop for municipalities and other eligible public entities seeking public infrastructure funding to support housing production, economic development, and job creation.

The 2016 grant round generated 114 applications, requesting $287 million in public infrastructure grant funding. Infrastructure projects awarded in the 2016 grant round will generate $1 billion in private investment in communities. Since its incep-

tion in 2011, the MassWorks program has invested $419 million through competitive grant rounds, in 223 projects throughout the Commonwealth. Project awards include: • Avon - West Main Street Reconstruction - $965,000. Avon will reconstruct West Main Street, a major inter-community connector roadway that serves the surrounding communities of Randolph, Holbrook, and Brockton. This road safety project will complement recent water and utility upgrades.

• Charlemont - Town Bridge Repair Project $949,000. Charlemont will use $949,000 in MassWorks funding to make critical repairs to three of the Town’s 46 bridges. This rural road safety project will address weight-rating limitations, allowing for greater commercial traffic circulation and improving emergency vehicle access.

• Chesterfield - Smith Road Improvements $983,750. Chesterfield’s $983,750 MassWorks award will fund the reconstruction of Smith Road.

Smith Road is of regional significance to the neighboring Towns of Cummington, Goshen, and Worthington.

• Lee - Forest Street Reconstruction - $1,000,000.

The Forest Street Reconstruction Project is a fulldepth reclamation of the road, which runs from Route 20 in the Town of Lee to the Town of Tyringham. The road requires substantial reconstruction to provide safe passage for regional school district buses and public safety vehicles.

Call Your Nearest GENALCO Warehouse • Millville - Central Street For These Supplies HYDRAULIC GRADE 8 Transportation Improvement STROBE LIGHTS OIL NUTS & BOLTS WEATHER CAPS Project - $1,000,000. Millville’s AIR CLEANERS rural road safety project will reGREASE FITTINGS BUCKET TEETH construct a major collector road HYDRAULIC HOSE in the Town’s center, reducing BUCKET LIPS EQUIPMENT PAINT flooding hazards, complementing BUCKETS a recent intersection reconstrucCUTTING EDGES tion, and utilizing a Complete CHAIN SLINGS Streets design approach.

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Legislative Update continued from page 7 rate to reclaim and repave 4.8 miles of local arterial roadways that connect the two towns’ centers, and provide direct access to Route 101 and Route 32.

• Shirley - Main Street Bridge Improvement Project - $725,000. Shirley will make necessary repairs to the Main Street Bridge over Catacunemaug Brook, ensuring the continuity of roadway connections between the Town’s public safety buildings, and the surrounding community.

• Stow - Lower Village Traffic Improvement Project - $850,000. The Town of Stow will make Complete Streets improvements to its Lower Village, improving traffic circulation, pedestrian and bicycle safety, and drainage in the area.

• West Brookfield - Cottage Street and Lake Street Reconstruction Project - $1,000,000.

West Brookfield will make streetscape improvements to three roadways: Cottage Street, Lakeview Avenue, and Lake Street that connect West Brookfield Center and the Town Beach.

For more information about the MassWorks program, please visit: www.mass.gov/hed/economic/ eohed/pro/infrastructure/massworks/ continued on page 11

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Legislative Update continued from page 9

City of Melrose Plans “Aggressive” Five Year Program for Sewer System

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ccording to the Melrose Free Press, City of Melrose Mayor Rob Dolan introduced an “aggressive five-year program” to fix the sewer system in areas of the city where inflow and infiltration are highest. City officials say the repairs will slow the rise of sewer rates in the city, reduce flooding danger and lower sewer operations and maintenance costs.

According to local officials, the City appears to have the worst inflow and infiltration rates of all 42 communities served by the Massachusetts Water Resources Authority. In one area measured by the city, the volume of water entering the Melrose sewer system through leaks and other sources was four times the amount considered excessive by the Massachusetts Department of Environmental Protection. Overall, during 10 weeks of flow metering this year, the City of Melrose discovered more than 70 percent of Melrose’s metered sub-areas were considered to have excessive inflow and infiltration by the MassDEP.

Though Melrose has spent about $7.5 million on sewer infrastructure improvement projects since 2003, fixing the entire city’s sewer infrastructure would cost anywhere between $10 million to $40 million. To forestall the renovation of the entire system, the City of Melrose expects to fund work on the five areas identified as having the highest inflow and infiltration using a grant-loan program offered by the MWRA. The MWRA will provide 75 percent of the $2.16 million project cost in the form of a grant, and 25 percent – or $540,000 – in the form of a zero-interest loan that must be repaid in 10 years. The Melrose Board of Aldermen unanimously approved the funding required to start the work, which will require an annual loan payment of $54,050 to the MWRA starting in fiscal year 2018. Most of the repairs will be done with trenchless technology, reducing impacts on local residents and businesses. continued on page 13

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Legislative Update continued from page 11

News in Brief

• FY17 Budget: No 9C Cuts Needed Yet as October Revenue Exceeds Forecast. According to a report in the State House News Service, the Baker-Polito Administration was persuaded to delay any potential 9C reductions to the FY17 until a clearer revenue picture was revealed. The Baker-Polito Administration did outline "alternative measures" to close a $294 million deficit four months into the year. A recent Massachusetts Department of Revenue release further highlighted the value in waiting as October revenue collections eclipsed the state's newly revised estimates by $79 million. Tax collections of $7.97 billion over the first four months of the fiscal year are now $79 million, or 1%, ahead of projections and $356 million, or 4.7%, higher than the same period last year. October collections surged 7.4%, or $123 million higher than collections in October 2015. Income tax collections in October beat benchmarks by 4.5%, or $43 million, and corporate and business taxes were $47 million ahead of projections for the month. The $536 million in sales taxes collected in October fell $2 million short of the newly lowered estimates, but reflected an increase over last year of 2.9% that revenue officials attributed, in part, to the lack of a sales tax holiday in August this year that pushed purchasing into September with associated taxes showing up in the October report.

• Hot Works Commission Signed into Law. Governor Baker recently signed into a law, “An Act creating a special commission studying cutting, welding and hot work processes regulated by the State Fire Code,” creating a special commission to investigate and study the current requirements for any licensing or permits governing cutting, welding, and other hot work processes that are capable of initiating fires or explosions, to determine if the industry is adequately regulated to protect the public. The commission will study the use of supervised details and fire watches, adequacy of fees for inspection and oversight, the deterrent effect of penalties for violations of rules and regulations, along with potential cost recovery and assessment for damages resulting from failure to comply with rules and regulations. The 11-member commission will include legislators, public safety professionals, and individuals in related construction trades.

• US DOT Extends Comment Deadline for Speed Regulators on Newly Manufactured Trucks. The U.S. Department of Transportation’s National Highway Traffic Safety Administration (NHTSA) and Federal Motor Carrier Safety Administration (FMCSA) announced a 30-day extension of the public comment period for a September 7, 2016 Notice of Proposed Rulemaking which would require all newly manufactured U.S. trucks, buses, and multipurpose passenger vehicles with a gross vehicle weight rating more

NOVEMBER, 2016

than 26,000 pounds to be equipped with speed limiting devices. The new public comment deadline of December 7, 2016, will provide all interested parties sufficient opportunity to fully develop and submit comments and evidentiary materials to the agencies via www.regulations.gov. For more information, please visit: www.nhtsa.gov/About-NHTSA/Press-Releases/ nhtsa_large_vehicles_speed_limiters_08262016

• Vehicle Miles Tolled (VMT): Is it in the Commonwealth’s Future? Commonwealth Magazine recently highlighted an interesting occurrence. In August, Governor Baker vetoed a provision in a transportation bond bill directing the MassDOT to seek federal funding for a pilot program testing a system that would charge drivers based on vehicle miles traveled (VMT).

Apparently, four months earlier, however, MassDOT signed a three-year, $1.5 million contract with an engineering firm to do a series of research projects for the agency, which listed a number of possibilities, including identifying new toll locations and analysis of “vehicle miles traveled and congestion pricing scenarios”.

It is anticipated that the issue of VMT will arise again in the 2017-2018 legislative session. For more information, please visit: http://commonwealthmagazine. org/transportation/which-way-on-vmt/ n

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Council Supports $88M in New Bedford Water, Wastewater Projects

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ity councilors supported $88 million in bonds Thursday night (October 27) for massive water and wastewater upgrades that will include the first cleaning in 40 years of the High Hill Reservoir, repairs on at least five miles of sewer pipes, a new generator for the Quittacas water treatment plant and more.

City water and sewer customers already are repaying the bonds, through rate increases implemented earlier this year. Ari Sky, the city’s chief financial officer, said the average rate increase for water customers is $22 per year, and the average wastewater increase is nearly $32 per year.

Rates will increase by comparable amounts in 2017 and 2018, depending on customers’ usage, Sky said. The averages are system-wide, meaning they include industrial and commercial users, so residential rate increases could be significantly lower.

The City Council approves local wastewater rates, while the city’s Water Board approves water rates.

“Both bodies approved rate increases earlier this year to be able to fund this capital program,” Sky said.

Councilors gave unanimous support Thursday to two separate bond orders: one for $63 million, primarily for water improvements; and the other for $25 million, primarily for wastewater improvements. Council’s 10-0 votes – Ward 5 Councilor Kerry Winterson was absent – moved both bonds on to a second reading, for final approval, at a future council meeting.

Ward 3 Councilor Henry Bousquet called the spending an opportunity to make city facilities “21st-century ready,” so New Bedford doesn’t face water quality crises that have torn apart communities such as Flint, Mich., and “so we don’t leave a mess for our children.”

Zeb Arruda, commissioner of the city’s Department of Public Infrastructure (DPI), said a key piece of the larger bond will be new structural sup-

NOVEMBER, 2016

ports, cleaning and a general overhaul of the High Hill Reservoir in Dartmouth, near New Bedford Regional Airport.

Arruda said the closed-in reservoir has a 10acre roof, holds 75 million gallons of water, was built in 1898 and is facing significant structural decay.

“It’s starting to shift,” Arruda said of the facility, citing eroding columns, degrading support beams and more. “It’s a huge structure.”

Arruda said the facility last was cleaned in 1976. The reservoir is split in half, and DPI plans to drain one half at a time for widespread cleaning and structural repairs, along with new valves, aeration and more.

Arruda said the bond also will fund electrical system upgrades including a new generator at the Quittacas water treatment plant in Freetown. Arruda called the facility “vintage 1970.”

The smaller, $25 million bond will fund ongoing wastewater improvements, to pump stations, outflow systems and more.

“I have about 5 miles of pipes to replace or repair,” Arruda said, adding that the city’s oldest sewer pipes date to 1872.

Written by Mike Lawrence, The StandardTimes. Reprinted with permission. n

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The decadence and out-of-control party atmosphere of the Great Gatsby and Roaring Twenties era returned for a short time, as members and guests gathered for one of the year’s most anticipated and festive evenings, UCANE’s 62nd Annual Banquet. It was a night to party like it was 1925 all over again! It was an event that will be remembered long after the band played its last set and the ballroom lights dimmed.

The Newton Marriott Hotel’s Grand Ballroom was transformed into a “Great Gatsby” theme party, as elegant and eye-pleasing as any seen at the grandest hotels’ ballrooms of the time. With the lights fully dimmed, and the up-lighting on the glittering gold fabric

lining the walls providing just the right party atmosphere. Attendees’ visual senses were bombarded as gold and flowered chandeliers sparkled over a retro black and white checkerboard dance floor; all designed to set the mood for a return to the Roaring Twenties.

In addition to the fabulous ballroom decorations, guests were seated at tables adorned with large and unique three-foot tall centerpieces of white hydrangeas and orchids with both black and white feathers, as was the design custom of that era. Black and gold sequined tablecloths and chair covers added to the elegance of the décor, and gift boxes awaited at each of the ladies’ place settings. continued on page 20

NOVEMBER, 2016

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Banquet continued from page 19

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istorically, our Banquet theme was kept top secret, only known to UCANE staff, with the intent of surprising arriving guests. This year, the staff took a diffferent approach by letting everyone in on the “The Great Gatsby” theme and even encouraging members and guests to dress the part. As usual, our fun loving members did not disappoint! Many of the over 600 people who attended arrived dressed to the nines as flappers, gangsters, and aristocrats; all ready to party and get into the “swing” of things.

Above the registration desk was a huge “UCANE’s SpeakEasy” sign which directed arriving attendees to the lower level Commonwealth Ballroom for a social hour with plenty of food and drink, including a complimentary Martini Bar with a sign above it stating “Prohibition Ends Here.” There were also hot and cold seafood stations, a tuscan bar, and hors d’oeuvres passed around by waiters and waitresses dressed in Gatsby attire. Following the social hour, guests were led to their tables in the Grand Ballroom, where feathered headpieces for the ladies and fedoras for the gentlemen awaited anyone who still needed an accessory to make their 1920’s attire complete.

Executive Director Anne Klayman officially began the evening’s program by introducing UCANE’s Officers and Board Members in attendance. Following this brief ceremony, the UCANE staff was introduced.

UCANE’s Contractor and Associate Member of the Year award presentations were next on the program.

As Anne stated, “These awards are given in recognition of our member’s involvement in UCANE and their support of our industry, and this year’s recipients are typical of the high quality individuals who make up UCANE’s membership.” She reassured the attendees that neither of the recipients had any idea that they were going to be honored. The 2016 Associate Member of the Year Award was presented to Adam DeSanctis, President of DeSanctis Insurance Agency, Inc., and the 2016 Contractor of the Year Award was presented to UCANE Past-President Tony Borrelli of Celco Construction Corp. Both were literally shocked when their names were revealed as award recipients.

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A

nne then spoke of UCANE’s philanthropic commitment, specifically to the Leukemia & Lymphoma Society of MA. UCANE members have raised millions of dollars for this cause over the last 35 years. She singled out the tremendous work of Al and Rosemary Morteo, who have co-chaired fundraisers over the last few years and this year alone raised more than $600,000 for research efforts to find a cure. She also acknowledged two prominent doctors in attendance who have dedicated their careers to eradicating these dreaded diseases: Dr. Robert Soiffer, Professor of Medicine at Harvard Medical School, Chief of the Division of Hematologic Malignancies and Co-Director of Adult Stem Cell Transplantation at Dana Farber Cancer Institute, and Dr. Jon Aster, Chief of Hematopathology at Brigham & Women’s Hospital and Professor of Pathology at Harvard Medical School.

Anne then thanked the more than 135 companies who sponsored various segments of the evening. While they were too numerous to mention she did specifically thank some of the major sponsors: J. Derenzo Co. (Hot Seafood Bar), Concrete Systems, Inc. (Cold Seafood Bar), Dagle Electrical Construction Corp. (Photo Booths), HD Supply Waterworks and HD Supply Const. & Industrial White Cap (Martini Bar), Barletta Heavy Division, GTA Co., Inc., Godwin Pumps of America, and United Concrete Products (Entertainment), and Eastern States Insurance Agency (Candy Buffet). A complete list of banquet sponsors can be found on pages 34 -35. continued on page 23

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Banquet continued from page 21

A

nne went on to thank two companies whom she said exemplify generosity and a commitment to UCANE, C. N. Wood Co., Inc. and Komatsu, who have been the major Banquet Hosts for the past 17 years. She acknowledged Bob and Paula Bernard of C. N. Wood Co., Inc. and Greg Fiore of Komatsu. Jim Maxwell, General Manager of C. N. Wood Co., Inc. and Greg then spoke to the crowd, reiterating their company’s commitment to supporting UCANE’s programs in the future.

Upon the completion of the formal business program, Anne described the entertainment and prizes that were coming up later in the evening. There would be an award for the “best dressed” couple, and several names would be drawn throughout the evening for prizes such as a pair of Judith Ripka earrings, a 14k gold and diamond contemporary necklace, $200 in lottery tickets with a chance to win more than $10 million, a one carat diamond sterling ring, an iPad Air 2, a 43” Vizio Smart TV, and a one carat diamond sterling necklace. continued on page 25

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NOVEMBER, 2016

Banquet continued from page 23

C

losing the program, UCANE President-Elect Paul Scenna of Albanese D&S, Inc. gave the invocation, which kicked-off the fun part of the evening.

As has been the tradition for the last few years, the evening began with a sing-a-long with the men and women singing alternating verses of the 1920’s song, “You Made Me Love You.” In truth, the singing “left a lot to be desired” but definitely energized everyone. Once settled down and the first course being served, members and guests were treated to music and dance from the Roaring 20s by a professional group of “Gatsby” era dancers, wowing the crowd with dance routines from the musical Chicago. Then, back by popular demand for the second year, the band Flipside got the crowd out on the dance floor with songs from the 1920s through today. But the amazing talent did not end there. Later in the evening, Chris Waller a topline entertainer, who has worked with performers such as Whitney Houston and Mary J. Blige, wowed the crowd and had folks dancing on the stage with him as he covered some of the greatest musical hits of all time. continued on page 27

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Banquet continued from page 25

W

hether it was the amazing entertainment, delicious food served throughout the evening, topped off by the Gourmet Sundae Bar and Coffee Carts, the delectable “Sweeteasy” Candy Buffet, the ladies gifts, drawings, or the hundreds of light up giveaways, UCANE’s 62nd Annual Banquet was more than “Great” even by “Gatsby” standards!

But what is most important about the evening is that we took the time to honor two of our own and celebrated with family, friends, and business associates for the 62nd year.

This spectacular evening was made possible by the generosity of UCANE members and friends. Therefore, UCANE would like to thank all of the companies that sponsored various segments of our Banquet. This was, once again, the event of the year, and the planning has already begun to top it next year. We look forward to seeing you at UCANE’s 63rd Annual Banquet next year!

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Hot Seafood Bar J. Derenzo Co.

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Cold Seafood Bar Concrete Systems, Inc.

Invited Guests Feeney Brothers Excavation, LLC Milton CAT Daniel O'Connell's Sons, Inc.

PHOTO BOOTHS Dagle Electrical Const. Corp.

Martini Bar HD Supply Const. & Ind. White Cap HD Supply Waterworks Entertainment Barletta Heavy Division GTA Co., Inc. United Concrete Products Xylem Dewatering Solutions Inc. dba Godwin Pumps of America Candy Buffet Eastern States Ins. Agency, Inc. Band

Aggregate Industries-N.E. Region A. R. Belli, Inc. Hinckley Allen, LLP LM Heavy Civil Construction, LLP McCourt Construction Company Ritchie Brothers Auctioneers Shea Concrete Products J. F. White Contracting Co. Sundae Bar American Shoring Inc. C.C. Construction, Inc. Gagliarducci Construction, Inc. Garrity Asphalt Reclaiming, Inc. MDR Construction Co., Inc. Robert B. Our Co., Inc.

Decorations Aggregate Industries-N.E. Region A. F. Amorello & Sons, Inc. GVC Construction, Inc. P. J. Keating Company LM Heavy Civil Construction, LLC Program Book Sponsor Tonry Insurance Group, Inc. Program Book Advertisers Albanese D&S, Inc. American Shoring Inc. C.C. Construction, Inc. Concrete Systems, Inc. Dagle Electrical Const. Corp.

J. Derenzo Co. GTA Co., Inc. P. Gioioso & Sons, Inc. G. Lopes Construction Inc. Milton CAT Northeast Traffic Control Svc., Inc. E. J. Prescott, Inc. Rodman Ford Sales, Inc. Starkweather & Shepley Insurance Brokerage, Inc. United Rentals Trench Safety C. N. Wood Co., Inc. & Komatsu All Signage RoadSafe Traffic Systems, Inc.

Centerpieces

Darmody, Merlino & Co., LLP EJ Gencorp Insurance Group Griffin Dewatering New England Corp.

IUOE-Local 4 S. M. Lorusso & Sons, Inc. Ocean State Oil Qualified Pension Services, Inc. RJV Construction Corp.

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Ladies’ Gifts

Party Favors

CleanBasins, Inc. Jay Cashman, Inc. J. D’Amico, Inc. DeSanctis Insurance Agency, Inc. Ferguson Waterworks Lorusso Heavy Equipment, LLC Ludlow Construction Co., Inc. McWane Ductile Rain for Rent - New England Ricciardi Bros., Inc. SPS New England, Inc. Starkweather & Shepley Ins. Brokerage, Inc. Vacuum Excavation, Inc./Rapid Flow WES Construction Corp.

Tim Zanelli Excavating Albanese Brothers, Inc. Albanese D&S, Inc. A. F. Amorello & Sons, Inc. Aon Construction Services Group Barker Steel (A Harris Rebar Company) Celco Construction Corp.

FED. CORP. A. H. Harris Construction Supplies S. M. Lorusso & Sons, Inc. R. M. Pacella, Inc. R. H. White Construction Co., Inc.

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ATS Equipment, Inc. A. F. Amorello & Sons, Inc. Aqua Line Utility, Inc. Benevento Companies T. L. Edwards, Inc. Equipment4Rent HUB International New England K & K Excavation Co., Inc. Lorusso Heavy Equipment, LLC Putnam Pipe Corp.

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Dennis K. Burke, Inc.

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DeSanctis Insurance Agency, Inc. Eastpoint Lasers, LLC GZA GeoEnvironmental, Inc. I. W. Harding Const. Co., Inc. Lorusso Corporation Marois Brothers, Inc. Milton CAT Minuteman Trucks, Inc. Palmer Paving Corp.

J. A. Polito & Sons, Inc. Vianini Pipe, Inc. R. Zoppo Corp.

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CANE’s Contractor of the Year Award is the highest honor bestowed on a member by his or her peers. Previous award recipients are some of the most respected men and women in our industry. Year after year, they contribute their time, knowledge, and expertise for the betterment of our industry, and they each represent the high standard of business excellence that our Association has come to expect. This year’s recipient fits this high standard perfectly.

Anne Klayman, UCANE’s Executive Director began the Award ceremony by saying, “It gives me great pleasure to present our Contractor of the Year Award to a gentleman who is a successful second generation contractor. He comes from a family whose name is synonymous with quality workmanship and the ability to take on difficult projects.”

Anne continued, “Tony was born and raised in the Bronx, New York, and as you might well guess, he is a staunch Yankee and Giants fan, which makes for a lot of teasing.”

Tony attended Villanova University where he earned a Bachelors and Masters Degree in Chemical Engineering. While attending his sister’s wedding he met Karen DiPietro, who was the daughter of a wellknown Massachusetts utility contractor, Joe DiPietro, President/Owner of Celco Construction Corp.

Tony and Karen married in 1986 and when Tony completed his degree they returned to the Boston area to be closer to her family. Since Karen’s family was totally involved in the family business, it wasn’t long before Tony was convinced to join them.

He spent many hours in the Celco office learning the business from his father-in-law, his brothersin-law Bobby and Joey, and cousin Lou. The family

story that has been told time and time again is that after Tony’s first day on the job he could barely walk when he got home. As the story goes, he had his first taste of physical labor that day. Karen said that the story is always told with a smile and shows the love and respect the family has for Tony.

Anne concluded the award ceremony by saying, “Joe DiPietro and Celco Construction Corp. have been a UCANE member for over 45 years.

Joe has always believed in giving back to the Industry from which he and his family derived their livelihood, and he has passed this on to his family as they continue to support UCANE’s programs and functions.

Joe was a member of our Board of Directors for many years, and he later served as Treasurer. Tony continued this tradition by also serving on our Board and later holding the office of UCANE President in 2015.

On behalf of all UCANE members, it is my pleasure to present UCANE’s 2016 Contractor of the Year Award to Tony Borrelli, and we look forward to his continued involvement and support of our Association.”

In his acceptance remarks, Tony thanked his brothers-in-law Bobby and Joey, and Cousin Lou. He also recognized his father-in-law Joe for welcoming him into the business with open arms.

It was a great pleasure to present UCANE’s 2016 Contractor of the Year Award to Tony Borrelli, and we look forward to his continued dedication and support of our Association. n

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U

CANE’s Associate members are the businessmen and women who sell and service machinery, supply materials, and also finance, bond, insure, litigate, and support our Contractor member companies. We are very fortunate to have some of the best and well respected companies in our industry as members.

In her opening remarks, Executive Director Anne Klayman stated that our Associate Member of the Year award is bestowed on a member who is recognized by their peers for their involvement in our Association, and for their support of our industry.

Adam DeSanctis, this year’s recipient can best be described as a motivated young businessman, who is highly regarded in our industry for his desire to assist our members with their insurance needs.

He was born and raised in Billerica, MA. After graduating from High School in 1996, he attended Merrimack College, where he earned a Business Management degree. Following graduation he began working at the DeSanctis Insurance Agency as a Sales Producer.

Adam’s father, Bob DeSanctis, started the agency in 1973 and was a larger than life figure, who our members knew and admired. He was known for his loyalty to friends and customers alike; and Bob was very proud to be able to groom his son to eventually take over the agency.

For five years, Adam learned his craft from his Dad, but what no one could have imagined was that Bob’s life would be cut short when he passed away in 2005 due tocomplications from a routine medical procedure.

At the young age of 31, Adam stepped up and took over the operations of the agency and continued to grow the business. He also followed his father’s path by remaining a valued UCANE member and serving on our Board of Directors.

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Adam DeSanctis The DeSanctis Insurance Agency has been staunch supporters of UCANE and our industry for more than 35 years, and we truly appreciate their support of our Association.

Anne concluded her remarks by stating, “On behalf of our Association, it gives me great pleasure to present UCANE’s 2016 Associate Member of the Year to Adam DeSanctis.” n

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Wastewater Stepchild?

Changing the Perception of Stormwater

Clean-water professionals have long looked at stormwater as an entirely separate issue. Important signs indicate that is changing.

O

nce upon a time, sewage and stormwater in cities flowed through the same pipes to treatment plants. The inevitable result was overloading of those plants during heavy storms, leading to severe water pollution. Communities then spent years and billions of dollars creating mostly separate stormwater and wastewater conveyances.

Now, clean-water agencies are looking again at stormwater. No less an authority than the Water Environment Federation has released a report, Rainfall to Results: The Future of Stormwater. There are good reasons for this.

The WEF report notes that stormwater “is the only growing source of water pollution in many watersheds throughout North America.” This is because industries and municipalities alike now operate sophisticated treatment plants — the cleanup of plant effluent is reaching the point of diminishing returns.

Much of the pollution now entering our waters is carried in runoff from farmscapes and city lawns and streets. If we’re serious about taking clean water to the next level, we have to address stormwater. Phosphorus in runoff is a major concern.

Who’s Responsible?

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NOVEMBER, 2016

a certain amount of sense, given that treatment plants increasingly look toward nutrient trading and adaptive management upstream as alternatives to costly new processes.

The thing about stormwater is that it doesn’t observe municipal boundaries. The waters flowing through or bordering Any City, USA, aren’t affected just by the rain that falls on the cities. Watershed approaches to the problem are essential — that isn’t news.

As the WEF report observes, the common approach to stormwater used to be carrying runoff away as fast as possible. Now the emphasis is shifting toward handling as much runoff as possible right where the rain falls. How exactly to do that is the subject of the report.

Setting a Vision The WEF report tacitly acknowledges that stormwater has traditionally been treated as the poor stepchild of wastewater and drinking water. It hasn’t received nearly the attention or the funding as those other two components of the urban water system.

Suppose that were to change. Suppose that, as the WEF report envisions, stormwater were managed at the watershed scale. Suppose that stormwater governance were rigorous and the programs and agencies responsible fully funded. Suppose that best practices in managing stormwater were aggressively continued on page 47

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Wastewater Stepchild continued from page 45 researched, selected and deployed.

Finally, suppose that stormwater systems were overseen by a workforce well qualified to install, inspect, operate, maintain and repair the infrastructure.

All that looks like a recipe for progress. But what about looking beyond management and toward reuse? There’s the potential role for professionals on the water and wastewater treatment sides.

Another Resource?

Can stormwater become a resource to be used, instead of just something to be managed? That idea was planted in my head by Melissa Meeker, CEO of the new Water Environment and Reuse Foundation.

Imagine a community where water is scarce capturing and reusing not only its wastewater but the rain that falls. There are logistical issues involved, of course. We surely don’t want to go back to the days of combined sewers. There would be challenges in getting the stormwater to a place where it can be routed into treatment.

And of course, treatment itself poses issues.

First-flush stormwater is pretty nasty stuff, full of gasoline, oil, tire dust and other pollutants from vehicles, plus traces of herbicides, pesticides, pet waste and

who knows what else. On the other hand, today’s treatment technologies can do remarkable things (albeit at a price).

The point is that it behooves society, and people in the water professions, to bring stormwater into the tent as something to be handled with the same caliber of concern and investment as drinking water and wastewater. Stormwater is not something that’s off to the side. Today more than ever, it is front and center in its impacts. It deserves our full attention. We’re past the time when any water professional can look at stormwater as just someone else’s concern.

By Ted Rulseh, Editor, COLE Publishing. Reprinted with permission. n

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Nantucket Voters Approve $80M Sewer Project System extension also needs support at special election.

NANTUCKET — At special town meeting Monday night October 17, island voters approved an $80 million appropriation to extend the town’s sewer system to Madaket and the Warren’s Landing and Somerset areas.

T

he project, which will likely take at least eight years and be paid off over 30 years, aims to improve the water quality of Madaket Harbor, Hither Creek, and Long Pond. The spending still needs approval at the December 6 special town election.

A major concern for town officials is the effect septic systems can have on the town’s scallop industry. Nitrogen from the systems can drain into the groundwater and eventually make its way to ponds, harbors, streams, and estuaries. Once there it often leads to the excessive production of algae. The algae in turn blocks the sunlight, making it hard for eelgrass, which scallops depend upon, to grow.

“If eelgrass is dying because of pollution in the water, then the scallops cannot survive,” the town’s wastewater management plan says. “If the scallops cannot survive, then the scalloping industry will not survive. It is a domino effect.”

The town has been studying the issue for decades, said Selectman Matthew Fee, and he thinks voters are looking long-term.

“I think they realize that we have to do it,” he said. Town officials have pushed to extend the sewers now, not only to improve the water but because they are confident they will be able to borrow from the state at a zero percent interest rate, Town Manager

NOVEMBER, SEPTEMBER,2016 2016

Libby Gibson said.

And if the town did choose to put the issue off, the state Department of Environmental Protection could mandate the sewers under its terms, the management plan says.

At last year’s annual town meeting, voters also approved borrowing about $40 million for a similar project for Nantucket Harbor.

Fee warns that residents should not think septic systems are the only problem and sewers will be an easy answer to the pollution issue. Stormwater management, along with fertilizer reduction, also need to be addressed, he said.

Some members of the community raised concerns about overdevelopment on the island, in addition to the costs, Gibson said.

Year-round residents in a home assessed at $1,144,544, the town average, will see a tax increase of about $150. Some residents also will have to pay for more infrastructure to hook up to the sewer system.

“Our economy is largely based on tourism,” Gibson said. “People like to go out on the harbor. … If it’s filthy they aren’t going to want to do that.”

By Ethan Genter. Reprinted with permission from Cape Cod Times. n

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T

NBM Presents UCANE With Special Recognition Award

he Norfolk Bristol Middlesex (NBM) Highway Association’s 2016 Gala took place on November 5 at the Sheraton Four Points Hotel in Norwood, MA and the awards ceremony took a bit of a twist this year.

Only a very few insiders knew that three awards would be presented this year instead of the usual two awards.

Each year NBM members present two prestigious and coveted awards to their members. First is the NBM Carmello Award, which is presented to a vendor who has been engaged, supportive and attentive to the needs of his/her Public Works customers; and the second is the J. Francis Grainger Award, presented to a highway official or public servant who has exhibited extraordinary management capabilities, is a team player, and is supportive of the Association’s members and goals.

NBM President (and Walpole DPW Director) Bob O’Brien presented the 2016 Carmello Vendor of the Year Award to Steve Russell, Sales Representative at C. N. Wood Co., Inc. Bob thanked Steve for his 30 years of dedicated service and support of Public Works Departments throughout the Norfolk, Bristol, and Middlesex Counties.

The coveted J. Francis Grainger Award was presented to Mike Valenti, DPW Commissioner for the Town of Marshfield. Mike transitioned from being a public works contractor to a public works official in 1994, and has been constantly active in NBM and multiple other public works associations since then. NBM President O’Brien thanked Mike for his commitment to the industry and for his valuable role in the successes of NBM. Executive Committee Member Tom Collins presented another award that NBM wanted to give out this year. He said, “This year, NBM Highway Association is presenting a Special Recognition Award to thank another organization for all they have done for NBM. This Association has been in existence for more than 60 years and has done many things for our communities. Most of us do not see or realize the assistance, training, and exposure that Public Works Departments receive from all of this Association’s hard work.”

He then went on to list some of this group’s behind the scenes efforts. Tom stated, “They have introduced legislation, and amended existing legislation to help us obtain more grant money for our underground infrastructure and roadways. They have included NBM members in their many training seminars, including trench safety rules and regulations,

NOVEMBER, 2016

(L-R) Steve Russell (C.N. Wood Co., Inc.), Diane Valenti, Mark Valenti, and Mike Valenti (Town of Marshfield DPW Commissioner)

(L-R) Tom Collins and UCANE Executive Director Anne Klayman

confined space entry, dig safe procedures, and many others. They have been very helpful improving the relationship between contractors and our city and town officials. I’m proud and honored to present this NBM Special Recognition Thank You Award to UCANE Executive Director Anne Klayman and the Utility Contractors’ Association of New England, Inc.” In her acceptance of the award on behalf of UCANE members, Anne spoke briefly about the need to continue to strengthen this relationship in the future, and she also gave credit to Bob Benard of C. N. Wood Co., Inc. who initially brought both UCANE and NBM together.

Editors Note: UCANE’s Officers, Board of Directors, members, and staff want to congratulate award winners Steve Russell and Mike Valenti, and offer special thanks to NBM for the Recognition Award presented to UCANE. It is imperative that all members, whether affiliated with UCANE or NMB, realize that we have a common goal, which is to bring our citizens the best drinking water and the most efficient wastewater systems possible. We at UCANE look forward to continue working with municipal officials and providing whatever assistance is needed to bring this goal to fruition. n

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FactSheet

Filing WhistleblowerUnder Complaints under Whistleblower Protection the the Affordable Care Act Affordable Care Act

Employees are protected from retaliation for reporting alleged violations of the Affordable Care Act’s health coverage reforms (Title I of the Act) and for receiving a premium tax credit or a cost sharing reduction for enrolling in a qualified health plan

Employees are protected from retaliation for reporting alleged Summary of Title I of the What is Retaliation? violations of the Affordable reforms AffordableCare Care ActAct’s health coverage Retaliation is not limited to firing an employee.

The Affordable Care Act offers new rights and tax Retaliation can include types of actions, (Title I of the Act) and for receiving a premium credit or aseveral cost protections. Title I of the Affordable Care Act such as: reduces health coverage for millions of health sharing reduction for enrolling in acosts qualified plan.

• Firing or laying off families who don’t get coverage from an employer

• Reducing pay or hours by providing tax credits to make coverage • Blacklisting affordable. The law created the Health Insurance • Demoting Marketplace, where people can shop for coverage • Denying overtime or promotion Retaliation is not limited to firing an employee. Reand see what financial assistance is available • Disciplining taliation can include several types of actions, such as: to them.

The law The Affordable Care Act offers new rights andalso includes protections for • Denying benefits people do get their coverage through an • Firing or laying off • Failing to hire or rehire protections. Title I of the Affordable Care Actwho reduces will have to • Intimidating health coverage costs for millions ofemployer: familiesit reduces who what families • Disciplining pay for health care by eliminating dollar limits on • Making threats don’t get coverage from an employer by providing tax essential health benefits, capping out-of-pocket • Reducing pay or hours • Reassigning affecting prospects for promotion credits to make coverage affordable. The law created expenses, and requiring preventive care to be fully • Making threats covered without copays or deductibles. Title I also the Health Insurance Marketplace, where people can What is NOT covered by the Affordable prohibits health plans and insurance companies • Blacklisting Care Act’s Whistleblower Provision? shop for coverage and see what financial assistance from denying coverage because of a person’s preOSHA generally does not have jurisdiction over th is available to them. The law also includes protecDemoting existing medical conditions. • In addition, it gives following types of complaints: tions for people who do get their coverage through consumers the right to appeal or insurance • plan Denying benefits an employer: It reduces what families company will havedecisions to pay that deny doctor-ordered • Medicare and Medicaid Fraud.

• Failing to hire or rehire treatments covered under a plan. Title I includes To report Medicare fraud or Medicaid fraud, for health care by eliminating dollar limits on essenmany expenses, other reforms to health To readaffecting contact the Department of Health and Human • insurance.

Reassigning prospects for promotion tial health benefits, capping out-of-pocket I and learn more about how the law affects Services’ Office of the Inspector General. and requiring preventive care to beTitle fully covered • Denying overtime orVisit promotion you, visit www.healthcare.gov. www.stopmedicarefraud.gov for more without copays or deductibles. Title I also prohibits information. If you have already reported Protected Activity health plans and insurance companies from denying Medicare or Medicaid fraud and you believe yo In addition to health insurance reforms, Section employer is retaliating against you as a result, y coverage because of a person’s pre-existing mediAn employee, or representative of an employ1558 of Title I also protects employees from may wish to contact an attorney for advice on a cal conditions. In addition, it gives consumers the retaliation for: ee, who believes that he orstate sheor has been retaliated federal law protections. right to appeal plan or insurance company decisions against in violation of Title• Patient I of theabuse.

Act may file a com• reporting violations of the various reforms found that deny doctor-ordered treatments covered under in Title I; and plaint with OSHA. Complaints must be abuse, filed you within To report patient may contact your a plan. Title I includes many other reforms to health • receiving a premium tax credit or a cost sharing 180 days after the retaliation.

StateWhen SurveyOSHA Agency.receives Visit www.cms.gov/ reduction enrolling in a qualified health plan. insurance. To read Title I and learn more aboutfor how Medicare/Provider-Enrollment-and-Certification a complaint, OSHA will first review it to determine the law affects you, visit www.healthcare.gov.

Employees who believe they have been retaliated SurveyCertificationGenInfo/ContactInformation whether certain basic requirements are met, such against in violation of Title I of the Act may file html for more information. If you have already as whether the complaint was filed on time. If so, a complaint with OSHA. See “How to File A reported patient abuse and you believe your theoncomplaint will then be employer investigated according Whistleblower Complaint” page 2 for details. is retaliating againstto you as a result,

Summary of Title I of the Affordable Care Act

What is Retaliation?

Time Limits for Filing Complaints

Protected Activity

In addition to health insurance reforms, Section 1558 of Title I also protects employees from retaliation for: • reporting violations of the various reforms found in Title I; and • receiving a premium tax credit or a cost sharing reduction for enrolling in a qualified health plan.

NOVEMBER, 2016

the procedures required by the Act. See 29 C.F.R. 1984.104.

Results of the Investigation If the evidence supports an employee’s complaint of retaliation, OSHA will issue an order requiring the employer to, as appropriate, put the employee back continued on page 55

“BUY FROM THE ADVERTISERS IN CONSTRUCTION OUTLOOK”

53

OSHA continued from page 53 to work, pay lost wages, restore benefits, and other possible relief. The exact requirements will depend on the facts of the case. If the evidence does not support the employee’s complaint, OSHA will dismiss the complaint.

After OSHA issues a decision, the employer and/or the employee may request a full hearing before an administrative law judge of the Department of Labor. The administrative law judge’s decision may be appealed to the Department’s Administrative Review Board.

The employee may also file a complaint in federal court if the agency does not issue a final decision within certain time limits. Details on this provision can be found in OSHA’s regulations, at 29 CFR 1984.114.

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For information on the Office of Administrative Law Judges procedures and case law research materials, go to www.oalj.dol.gov and click on the link for “Whistleblower.”

For more specific information on the Affordable Care Act, go to www.healthcare.gov n

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NOVEMBER, 2016

John E. Merchant, CPA

SPECIAL ISSUE

2016 TAX PLANNING ROUNDUP • • • • • • •

Cullen, Murphy & Co., P.C.

More Certainty for Year-End Tax Planning Year-End Planning for Itemized Deductions Year-End Planning for Deducting Taxes Paid Year-End Planning for Charitable Donations Year-End Planning for Medical Deductions Year-End Retirement Tax Planning Year-End Business Tax Planning

More Certainty for Year-End Tax Planning

R

ecently, year-end tax planning has been challenging. Many tax code provisions expired, and it was uncertain whether they would be renewed, with Congress’ action potentially not coming until extremely late in the year.

Things are different in 2016. The Protecting Americans from Tax Hikes (PATH) Act of 2015 was signed into law late last year, not only renewing some expired benefits but making them permanent. Other expired tax provisions were extended for multiple years.

Therefore, relatively few tax planning issues will be up in the air as the calendar turns to the fourth quarter of 2016. You’ll know, for example, that state and local sales tax can be deducted, instead of state and local income tax, if that’s a better choice. If

you’re older than age 701⁄2, or nearing that age, you can make philanthropic plans with the assurance that charitable donations directly from IRAs are permissible.

The increased assurance that certain tax benefits will be available makes year-end planning more effective. In this article we will highlight some of the major provisions of the PATH Act that can help you make good decisions.

Keep in mind that the November elections have yet to be decided, as of this writing. We will have a new president in 2017, changes in Congress, and the likelihood that revisions in tax law will be proposed.

Therefore, you should end 2016 with a plan to use current tax benefits, including those deemed to be “permanent,” while they’re available. continued on page 59

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Financial Management continued from page 57

F

Year-End Planning for Itemized Deductions

or 2016, the standard deduction is $6,300 for single taxpayers (and for married persons filing separately) and $12,600 for married couples filing jointly.

For heads of household, the standard deduction is $9,300. People who have reached age 65 by year-end can take an additional standard deduction of $1,250, if married, or $1,550, if not married. Taxpayers who are blind also get this additional standard deduction.

tion amounts, you won’t get any tax benefit from, for example, writing a modest check to charity. You may decide to postpone the donation until sometime in 2017, when you might be itemizing and get a tax benefit from your contribution. continued on page 61

Trusted Advice Local Benefits Tax • Many states and counties impose local benefit taxes for improvements to property.

Example 1: Stan and Kate Thompson are both 68 years old; they file a joint tax return. Their standard deduction for 2016 is the basic $12,600 for cou• These taxes might be assessments for ples filing jointly plus $1,250 for Stan and $1,250 for streets, sidewalks, and sewer lines.

Kate, for a total of $15,100. (If one of them was blind, • You cannot deduct these taxes. However, that amount would increase by $1,250, to $16,350.)

These standard deductions are claimed by most you can increase the cost basis of taxpayers. However, you also have the opportunity your property by the amount of the to itemize deductions on Schedule A of Form 1040 assessment, which may result in a lower when you file your income tax return. If the total of tax on an eventual sale of your property. your itemized deductions exceeds your standard deduction, you can save tax by itemizing.

• Local benefits taxes are deductible if they Example 2: In example 1, the Thompsons had are for maintenance or repair, or interest a standard deduction of $15,100. If the amounts they charges related to those benefits. could deduct on Schedule A, for medical and dental expenses; taxes paid; interest paid; charitable gifts; casualty and theft losses; job expenses; and miscellaneous deductions total $15,000, MBO Precast Inc. this couple will be better off by not 4 Marion Drive • Carver, MA 02330 itemizing and taking the standard T: 508-866-6900 • F: 508-866-5252 deduction. On the other hand, if www.MBOPrecast.com that total is $16,000, the Thompsons should file Schedule A and Stone Strong Retaining Wall Systems increase their tax deduction by $900: $16,000 instead of $15,100.

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deduction

December 31. If you see you will benefit

expectation of itemizing deductions.

g

Financial Management continued from page 59

nning forYear-End DeductingPlanning Taxes Paid for Deducting

A

Taxes Paid

ew Washington, and Wyoming, none of s mentioned on page 57, a new law ction which state income If you live in makeshas the sales tax tax. deduction perat you such a stateKeep and itinpays forthat you to itemize, manent. mind you desales instead of you statepaid. and any ate and anyductyou can tax deduct sales tax local income tax.

You can’t deduct both duct both Residents of other states who itemize sales and income taxes. their deductions must decide whether to The new provision obviously will benefit taxpaysly will deduct sales orFlorida, income tax. South Dakota, ers who live in Alaska, Nevada, Wyoming, none of which Alaska, Texas, Washington, Exampleand 1: As the year-end nears,has state income tax. If you live in such a state and it pays ta, Texas, for youTara Lane calculates how much state to itemize, you can deduct sales tax you paid. income tax she will wind paying Residents of other states who up itemize theirindeductions must decide whether to deduct sales or in2016. That includes amounts withheld ce come tax. from her income and any estimated Example 1: As the year-end nears, Tara Lane caltaxhow payments.

Suppose theshe total culates much state income tax willwill wind up payingbein$5,000.

2016. That includes amounts withheld from If Tara will have paid more s her income and any estimated tax payments. Suppose than inIfsales taxhave for paid the year, she the total will $5,000 be $5,000.

Tara will more than s for $5,000 in sales tax for the year, she should deduct should deduct sales tax on her federal y. return. Otherwise, she should take her $5,000 state income tax deduction.

To calculate her sales tax payments, es.

Tara can check her receipts for the year. taxes.

Lacking complete records, Tara can use se the the Optional Sales Tax Tables provided ty by the by the IRS in the instructions to nt, which Schedule A. Still another option is to use on an the IRS Sales Tax Deduction Calculator, perty. at https://apps.irs.gov/app/stdc/, which calculates the amount of the deduction deductible based on the tables for you. ce or The higher your income (including s related tax-exempt interest income and certain

other the return. more Otherwise, sales tax you’ll sales taxinflows), on her federal she should take $5,000 state income deduction. be her assumed to have paidtaxusing the tables.

To calculateof heryour sales income, tax payments, Tara can check Regardless however, you her receipts for the year. Lacking complete records, Tara add of taxTaxyou paidprovided for motor can usethe theamount Optional Sales Tables by the IRS in the instructions Schedule A. Still another opvehicles (leased ortopurchased), aircraft, tion is to use the IRS Sales Tax Deduction Calculator, boats, residences, or home building at https://apps.irs.gov/app/stdc/, which calculates the materials the amount from the IRS amount of the to deduction based on the tables for you. continued on page 63 tables to determine your total allowable sales tax deduction. If all the allowable sales tax deduction amount exceeds the income tax deduction amount, deduct the sales tax rather than the income tax.

That’s where year-end planning for sales tax can come in. Buy big-ticket items before year-end if the tax on those items will be deductible. If a deduction is unlikely, you might decide to postpone the purchase until 2017.

Beyond sales tax If you decide to deduct state and local income tax payments rather than sales

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Financial Management continued from page 61 The higher your income (including tax-exempt interest income and certain other inflows), the more sales tax you’ll be assumed to have paid using the tables. Regardless of your income, however, you add the amount of tax you paid for motor vehicles (leased or purchased), aircraft, boats, residences, or home building materials to the amount from the IRS tables to determine your total allowable sales tax deduction.

If all the allowable sales tax deduction amount exceeds the income tax deduction amount, deduct the sales tax rather than the income tax.

That’s where year-end planning for sales tax can come in. Buy big-ticket items before year-end if the tax on those items will be deductible. If a deduction is unlikely, you might decide to postpone the purchase until 2017.

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Beyond Sales Tax If you decide to deduct state and local income tax payments rather than sales tax, you might choose to accelerate estimated state and local income tax payments due in early 2017 to late 2016, increasing the deductible amount for this year. Similarly, you may be able to move scheduled property tax payments from 2017 to 2016 for an earlier deduction. Both of those tactics, though, may raise your tax bill if you’ll owe the alternative minimum tax (AMT). continued on page 65

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Financial Management continued from page 63

T

Year-End Planning for Charitable Donations

he PATH Act, passed at the end of 2015, exempts certain IRA-to-charity transfers from income tax. For most people, moving money from an IRA to a charity is a taxable withdrawal, subject to income tax. However, once you reach age 701⁄2, such transactions may be untaxed as a Qualified Charitable Distribution (QCD).

QCDs are now a permanent tax code provision. Everyone who passes the age test can donate up to $100,000 a year from a traditional IRA to one or more charities. A QCD generally must go directly from the IRA to an eligible charity. (Transfers to donor advised funds can’t be considered QCDs.) At first glance, QCDs seem to be a wash. You won’t report taxable income, but you also won’t get a tax deduction for

the donation. Drilling down, though, QCDs may offer tax savings to many seniors.

Itemizing Not Necessary Among the beneficiaries from QCDs are the many taxpayers who don’t itemize deductions.

Example 1: Victor and Wendy Young are both age 65 or older, so they qualify for a standard deduction of $15,100 in 2016, as explained previously in this issue. The Youngs have paid off their home mortgage, so they don’t have deductible interest expenses. In retirement, the couple’s income has dropped, reducing the state income tax they pay.

Consequently, the Youngs do not have enough deductions to make itemizing worthwhile, so they will take the standard deduction.

Assume that the Youngs typically make $4,000 of charitable donations during the year-end holiday season. Taxpayers taking the standard deduction get continued on page 67

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Financial Management continued from page 65 no tax benefit from charitable contributions; therefore, if Wendy Young is age 68, she will get no benefit from charitable gifts.

However, suppose that Victor Young is 72 and is eligible for QCDs. Taxpayers older than 701⁄2 must take required minimum distributions (RMDs) from traditional IRAs; assume Victor’s RMD for 2016 is $10,000. The couple would owe tax on that $10,000 RMD on their joint tax return. However, Victor can make their usual $4,000 of charitable donations directly from his IRA, as tax-free QCDs. Those QCDs will count towards Victor’s RMD, so he’ll only have to take the $6,000 balance in taxBoston Area able distributions from his IRA, not $10,000. ThereLocations fore, the Youngs will save tax by using QCDs. They’ll

retain the $4,000 that would have passed from their checking account to charity, to spend, invest, or use for family gifts.

Adjusting Income Down

QCDs also can help taxpayers who itemize deductions by reducing their adjusted gross income (AGI).

Example 2. Mary North, age 75, who has a $20,000 RMD this year, plans to itemize deductions.

That RMD would increase Mary’s AGI by $20,000, as reported on page 1 of her tax return.

Suppose that Mary will make $15,000 of deductible charitable contributions at year-end 2016. If Mary makes those donations from her regular checking account, the deduction for them would be included in itemized deductions on page 2 of her tax return, without affecting her reported AGI. Instead, Mary makes her 2 Dexter Street $15,000 of year-end donations as Everett, MA 02149 Boston Area Boston Area QCDs, reducing her taxable RMD Locations Locations to $5,000, instead of $20,000. By 431 Second Street doing so, Mary effectively reduces Everett, MA 02149 2 Dexter Street 2 Dexter Street her reported AGI by $15,000. A

Everett, MA 02149 Everett, MA 02149 lower AGI may provide tax savings throughout Mary’s tax return. She 431 Second Street 431 Second Street might qualify for a larger itemized Everett, MA 02149 Everett, MA 02149 medical and dental deduction, for BOSTON AREA LOCATIONS

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Planning Ahead

Although QCDs are limited to people age 701⁄2 or older, the fact that they are now permanent can affect year-end planning for younger people as well. Taxpayers in their 60s, for example, might defer some donations to the future, when they can get the tax benefits of QCDs. That’s especially true Minichiello Bros./Scrap-It, Inc., Minichiello Bros./Scrap-It, Inc. for those who don’t itemize deServes 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, ductions, or those who plan large 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 donations and also expect large 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 RMDs. top notch service!

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Callcustomer Fred Rogers at Call 617-595-5505 Taxpayers younger than 701⁄2 Minichiello Bros./Scrap-It, Inc.,

Minichiello Bros./Scrap-It, Inc., also may wish to reconsider yearServes over 2500 customers a week and is one New England's largest buyers, end Roth IRA conversions. (See sellers and processors of scrap metal.

For overa60week years ourisgoal Serves over 2500 customers and onehas Newremained England's largest thebuyers, article on Retirement Tax 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 remainedOne reason for conPlanning.) customer service! the Callsame Fred -Rogers at 617-595-5505 to provide the best prices in the industry along with top notch verting some or all of a traditional customer service! Call Fred Rogers at 617-595-5505 IRA to a Roth IRA is to reduce

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Roth IRA conversions will add to Minichiello Bros. Inc./Scrap-It Inc. Minichiello Bros. Inc.,/Scrap-It Inc. continued on page 69

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Financial Management continued from page 67 your tax bill for 2016 at your highest marginal tax rate.

Some people may decide to forgo a Roth IRA conversion and leave money to grow in their traditional IRA, tax-deferred. Once age 701⁄2 is reached and QCDs are permitted, traditional IRA dollars can go to charity, untaxed, as QCDs. This will reduce the amount of AGI that otherwise would be reported from RMDs.

Beyond QCDs If QCDs don’t play a role in your plans, traditional strategies for year-end donations still apply.

It often makes sense to donate appreciated securities to charity, rather than write checks. When you donate appreciated securities held for more than a year, you’ll get a deduction for the current value of those securities and avoid paying tax on the unrealized gains.

Donating appreciated securities to many charities can create paperwork headaches, though, so you might want to make those donations through a donor advised fund for the same tax benefit. Donor advised funds are offered by many financial firms and community organizations. continued on page 71

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Financial Management continued from page 69

T

Year-End Planning for Medical Deductions

he PATH Act of 2015 is not the only recent tax law affecting year-end planning this year. One provision of the Affordable Care Act, passed back in 2010, comes into play now. For taxpayers age 65 or older, it may pay to incur optional medical expenses by December 31, 2016.

Under the Affordable Care Act, the threshold for deducting unreimbursed medical and dental outlays was raised in 2013 from 7.5% to 10% of AGI. However, the 7.5% hurdle was kept in place for four years for taxpayers 65 or older. (Only unreimbursed medical bills greater than the threshold can be deducted.)

Example 1: Owen Palmer, age 63, has an AGI of $100,000 in 2016 and $9,500 in medical bills. For Owen, the deductibility threshold is $10,000 (10% of $100,000), so he’ll get no medical deduction.

Example 2: Owen’s neighbor Rona Sanders, has the same $100,000 AGI and $9,500 in medical bills. However, Rona is 67, so her threshold is only $7,500 (7.5% of $100,000).

Therefore, Rona can deduct $2,000 of her medical costs.

Starting in 2017, the 10% threshold will

apply to everyone. Therefore, seniors have an incentive to increase their medical outlays if they’ll reach the lower percentage this year. Once you’ve cleared the relevant hurdle, all medical costs will be fully deductible.

Premiums Included You might be surprised at how many expenses can be classed as medical deductions. Medicare Part B premiums, for example, count as potentially deductible medical expenses. That’s true even if you have those premiums withheld from the Social Security payments that are deposited into your bank accounts each month. The same is true for any premiums paid for Medicare Part D prescription drug plans and for money you spend directly on prescription drugs as well as for premiums paid for Medicare Supplement (Medigap) policies.

Sooner Rather than Later For effective year-end tax planning, it pays to estimate your possible medical expenses for 2016 early in the fourth quarter. If you think you’ll be near or greater than the 7.5% or 10% threshold for tax deductions, push certain medical and dental expenses into November and December. Buy prescription eyeglasses, get physical exams, and so on if they’ll likely be tax deductible. If you’re nowhere near the 7.5% or 10% levels, consider deferring health care costs until 2017, when your total outlays may reach tax deductible territory. continued on page 72

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Financial Management continued from page 71

Year-End Retirement Tax Planning

M

any people save money for retirement in a traditional IRA. The funds might have come from annual IRA contributions, or from rolling over an employer sponsored retirement account such as a 401(k). Either way, the dollars in your traditional IRA are probably pretax, so they’ll be taxed on withdrawal.

You can leave the money in your traditional IRA for ongoing tax deferral. However, you might need cash now, especially if you’re retired or have had unexpected expenses. In another scenario, you may expect your traditional IRA to be extremely large by the time you reach age 701⁄2 and RMDs begin. Those RMDs might be so large that they’ll be heavily taxed in a high bracket.

Therefore, you might want to take withdrawals from your traditional IRA before year-end 2016, so they’ll count in this year’s taxable income. With savvy planning, you can minimize the tax bite by staying within your current tax bracket.

year, as ind example, a of $20,000 be added to (25%) tax b if the Jacks $20,000 in daughter’s c they can ta from their the 25% inc not the pen

without moving into aand higher Example 1: Greg Heiditax rate. They might withdraw, say, $20,000 from their IRAs, pay $5,000 Canny conversion Jackson’s taxable income last year was in tax at a 25% rate, and have $15,000 left for other After withdrawing fund $100,000.

They expect their taxable purposes.

traditional IRA at a low income to be about the same this year.

The Right Spot penalized rate, you can u In 2016, the 25% bracket goes up dollars to If$151,900.

Thus, the Jacksons can you’re taking money from a traditional IRA, to thepay college bil 1⁄2 1⁄2 expenses in retirement. I take as much as $50,000 from their best time may be between ages 59 and 70 . After 1⁄2 immediate traditional IRAs before December 31 age 59 , the 10% early withdrawal penalty won’t ap- need for cash the money thisbefore year, without intosubject a higher ply; 701⁄2, youmoving won’t be to RMDs, which into a Roth I years and age 59½, all w taxrestrict rate. They withdraw, will yourmight flexibility about say, IRA withdrawals. a Roth IRA will be tax-f $20,000 from their IRAs, pay1⁄2$5,000 , you still might avoid If you’re younger than 59 Converting traditiona in tax at a 25% rate, and have $15,000 the 10% penalty by qualifying for an exception. Several are available, including oneto fora higher Roth IRA will trigg leftexceptions for other purposes. education expenses.

That might not be a maj The right spot in the 15%, 25% Example 2: Suppose Greg and Heidistaying Jackson 1⁄2 from example are both younger than 59brackets. . If they If you’re taking1 money from a traditional However, if yo take $20,000 from their IRAs this year, as indicated in IRA, the best time may be between much, you could wind u Example 1: Greg and Heidi Jackson’s taxable that $2,000 (10% $20,000) penalty will agesexample, 59½ anda70½.

After age of 59½, the higher bracket and payin income last year was $100,000. They expect their be10% added to their $5,000 (25%) tax bill.

However, if the early withdrawal penalty won’t tax than you’d like. taxable income to be about the same this year. In Jacksons pay at least $20,000 in 2016 for their daughapply; before 70½, you won’t be subject Fortunately, the tax co 2016, the 25% bracket goes up to $151,900. Thus, ter’s college bills, they can take that $20,000 from their to RMDs, which will restrict your solution to this potentia the Jacksons can take as much as $50,000 from IRAs and owe the 25% income tax but not the penalty. flexibility about IRA withdrawals. recharacterize (rever their traditional IRAs before December 31 this year, continued can on page 73 If you’re younger than 59½, you IRA conversion, in whol still might avoid the 10% penalty by October 15 of the follow qualifying for an exception. Several owe tax only on the amo exceptions are available, including one the Roth IRA. for higher education expenses.

Example 3: In the pr Example 2: Suppose Greg and examples, Greg and He The Smart Choice For All Your Site Development Needs Heidi Jackson from example 1 are expect to have around $ both younger than 59½. If they taxable income this year take $20,000 from their IRAs this bracket goes up to $151

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The PATH Act’s many provisions also include a permanent increase in the amounts allowed under IRC Section

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179, which permits rapi (expensing) of funds sp equipment. For 2015, e

NOVEMBER, 2016

Financial Management continued from page 72 Canny Conversions After withdrawing funds from a traditional IRA at a low tax, unpenalized rate, you can use the after-tax dollars to pay college bills or for living expenses in retirement. If there is no immediate need for cash, you can move the money into a Roth IRA. After five years and age 591⁄2, all withdrawals from a Roth IRA will be tax-free.

Converting traditional IRA money to a Roth IRA will trigger income tax. That might not be a major issue if you’re staying in the 15%, 25%, or 28% tax brackets. However, if you convert too much, you could wind up moving into a higher bracket and paying more income tax than you’d like.

Fortunately, the tax code offers a solution to this potential problem. You can recharacterize (reverse) a Roth IRA conversion, in whole or in part, by October 15 of the following year, and owe tax only on the amount that stays in the Roth IRA. Example 3: In the previous examples, Greg and Heidi Jackson expect to have around $100,000 in taxable income this year. Their 25% tax bracket goes up to $151,900 in 2016. The Jacksons, hoping to convert as many dollars as possible at the 25% tax rate, convert $50,000 of Greg’s IRA to a Roth

IRA by year-end 2016.

When the Jacksons prepare their income tax return for 2017, they learn that their 2016 taxable income was higher than expected. Not including the Roth IRA conversion, their taxable income was $118,500. A full $50,000 Roth IRA conversion would put part of the conversion amount into the 28% bracket, generating more tax than the Jacksons want to pay.

In this situation, the Jacksons could recharacterize enough of Greg’s Roth IRA conversion to wind up with a $33,400 conversion, retroactively. They would use up the full 25% tax bracket while the recharacterized dollars would return to Greg’s traditional IRA, untaxed.

Beyond IRAs The 2016 contribution limit for 401(k) plans is $18,000 per participant plus $6,000 if you’re 50 or older by year-end. If you are not maximizing your 401(k) contributions and wish to put more into the plan this year for increased tax deferral, contact your plan administrator. Meanwhile, keep in mind that many retirement plans impose RMDs after age 701⁄2.

Make sure you’re withdrawing at least the minimum amount, if you’re required to do so, in order to avoid a 50% penalty on any shortfall. continued on page 74

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Financial Management continued from page 73

T

he PATH Act’s many provisions also include a permanent increase in the amounts allowed under IRC Section 179, which permits rapid deduction (expensing) of funds spent for business equipment. For 2015, expensing up to $500,000 of equipment was allowed with no phaseout beginning at $2 million of purchases.

For 2016, the inflation adjusted amount is $2,010,000. In addition, the PATH Act makes permanent the treatment of off-the-shelf computer software as Sec. 179 property.

The bottom line is that small companies can confidently purchase equipment and software this year. As long as total outlays don’t top $2.01 million, expenses up to $500,000 can be deducted for 2016 rather than spread over several years. To qualify for the IRC Section 179 tax break, the equipment or software must be purchased, financed or leased, and placed into service by December 31. The deduction will equal the full purchase price.

For companies that spend more on equipment than the IRC Section 179 deduction allows, the PATH Act’s extension of “bonus depreciation” may help. For 2016 as well as 2017, a taxpayer may generally deduct 50% of qualifying equipment’s cost (reduced by the amount of any Sec. 179 expense deduction taken for the cost of the equipment). However, bonus depreciation applies only to new equipment while the first-year IRC Section 179 deduction applies to new and used equipment.

Paperwork Now, Payment Later

The end of the year is also a good time to review your company’s retirement plan situation. If you have one, should you make a change? If you don’t have a company-sponsored retirement plan, do you want to establish one? Such a plan not only will benefit your employees, it will enable you to put aside funds for your own retirement on a tax-favored basis.

Today, a 401(k) can be considered the “standard” company plan. Many prospective employees expect

74

More Certainty for Year-E

Year-End Business Tax Planning

to have a 401(k) at work, so offering such a plan may enable youyear-end to attract good people andhas retain valued Recently, tax planning been workers. Contributions generally are funded by the challenging.

Many tax employees themselves, butcode many provisions companies provide matching and contributions in some form. expired, it was uncertain whether they December 31 is the deadline for establishing would be renewed, with Congress’ action a 401(k) plan for 2016, assuming your company uses a potentially not comingcontributions until extremely calendar year.

Employee for 2016 late must be withheld from 2016 paychecks and must be sent into the year. the relevant financial firm as soon as possible. EmThings are different in for 2016. ployer contributions, deductible 2016,The can be made up to the company’s tax return due date, including exProtecting Americans fromcontinued Tax Hikes on page 75 tensions.

(PATH) Act of 2015 was signed into law late last year, not only renewing some expired benefits but making them permanent. Other expired tax provisions were extended for multiple years.

Therefore, relatively few tax planning issues will be up in the air as the calendar

turns know, tax can local i you’re age, yo the as direct Th benefi planni CPA C of the that ca Ke electio writin in 201 likelih propo with a includ while

Year-End Planning for Item For 2016, the standard deduction is $6,300 for single taxpayers (and for married persons filing separately) and $12,600 for married couples filing jointly. For heads of household, the standard deduction is $9,300. People who have reached age 65 by

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NOVEMBER, 2016

year-e deduc if not get thi Exa are bo

Financial Management continued from page 74 A variation of the basic 401(k) is often known as the solo 401(k) or the individual 401(k). Other names may apply. However the plan is titled by the financial firm involved, it is open only to business owners and their spouses who are employed by the company. For 2016, the maximum contribution to a solo 401(k) is $53,000 per participant, if certain conditions are met, or $59,000 for those age 50 or older. Basic 401(k) plans have contribution limits of $18,000 or $24,000 before any employer match.

Again, the deadline for establishing a solo 401(k) in 2016 is December 31 of this year. Some tax deductible contributions may be made up to the tax return deadline, including extensions, in 2017.

Specialists In Bonding And Insurance For Contractors Since 1926 CARL TRAINA 300 Congress Street Quincy, MA 02169-0907 617.773.9200 238 Bedford Street Lexington, MA 02421 781.861.1800

Beyond 401(k)s Other retirement plans for small businesses also have a December 31 deadline for signing the forms to receive tax benefits in 2016. These plans also have an extended due date for making contributions. They include profit sharing plans, which are funded by the employer. Profit sharing plans may motivate employees to help the company’s earnings grow. Annual employer contributions are discretionary, so companies aren’t locked in.

Reprinted from CPA Client Bulletin. n

LOU TONRY

281 Main Street Webster, MA 01570 508.671.9222

www.tonry.com

Asphalt Paving • Culverts / Bridges Bike Paths / Sidewalks • Excavating / Site Development Sand / Gravel / Stone Products • Hot Mix Asphalt / Cold Patch Lawrence-Lynch Corp.

White Bros. – Lynch Corp.

P.O. Box 913 • Falmouth, MA 02541

P.O. Box 155 • Oak Bluffs, MA 02557

396 Gifford Street • Falmouth, MA 02540

20 Vineyard Ave. • Oak Bluffs, MA 02557

PH 508-548-1800

FX 508-457-1825

PH 508-693-0845 FX 509-693-0312

Visit our website @ www.lawrencelynch.com

NOVEMBER, 2016

“BUY FROM THE ADVERTISERS IN CONSTRUCTION OUTLOOK”

75

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

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

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Equal Opportunity/Affirmative Action Employer

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Advertisers’ Index APJ Equipment Corp..................................................... 63 ATS Equipment, Inc. .................................................... 14 Acme Shorey Precast Co., Inc........................................ 6 Aggregate Industries - N.E. Region.............................. 60 American Shoring, Inc.................................Ins. Back Cvr. Boro Sand & Stone Corp.............................................. 69 Dennis K. Burke, Inc..................................................... 64 C&S Insurance Agency................................................. 32 Concrete Systems, Inc.................................................. 54 Dagle Electrical Construction Corp............................... 36 Darmody, Merlino & Co., LLP........................................ 71 Dedham Recycled Gravel............................................. 70 DeSanctis Insurance Agency, Inc. ............................... 61 Diesel Direct, Inc............................................................. 9 Dig Safe System, Inc..................................................... 56 The Driscoll Agency ..................................................... 58 EJ.................................................................................. 26 Eastern Pipe Service, LLP............................................ 55 Eastern States Insurance Agency, Inc.......................... 56 Eastpoint Lasers, LLC................................................... 60 T. L. Edwards, Inc.......................................................... 57 Energi Insurance Services, Inc..................................... 69 Ferguson Waterworks................................................... 68 Genalco, Inc.................................................................... 7 GEOD Consulting, Inc................................................... 58 L. Guerini Group, Inc..................................................... 55 HD Supply Const. & Industrial White Cap.................... 42 HD Supply Waterworks................................................... 2 A. H. Harris Construction Supplies............................... 62 Hinckley Allen LLP........................................................ 44 JESCO.......................................................................... 66 P. J. Keating Company.................................................. 10 P. A. Landers, Inc.......................................................... 72 Lawrence-Lynch Corp................................................... 75 Lorusso Corp................................................................. 63 Lorusso Heavy Equipment, LLC..................................... 4 MBO Precast, Inc.......................................................... 59 Mass Broken Stone Company...................................... 47 Milton CAT..................................................................... 38 Minuteman Trucks, Inc.................................................. 13 Norfolk Power Equipment, Inc...................................... 74 North American Crane & Rigging LLC.......................... 46 North East Shoring Equipment, LLC............................. 73 NorthStar Insurance Services, Inc................................ 16 Ocean State Oil............................................................. 68 Palmer Paving Corp...................................................... 62 E. H. Perkins Construction Co., Inc.............................. 76 Podgurski Corp............................................................... 9 E. J. Prescott, Inc....................................... Ins. Front Cvr. Rain For Rent-New England......................................... 30 Read Custom Soils ...................................................... 68 Ritchie Bros. Auctioneers............................................. 66 Rodman Ford Sales, Inc............................................... 24 Rogers & Gray Insurance............................................... 8 Schmidt Equipment, Inc.....................................Back Cvr. Scituate Concrete Products Corp................................. 12 Scrap-It, Inc................................................................... 67 Shea Concrete Products, Inc. ...................................... 28 Smith Print..................................................................... 60 Southern Redi-Mix Corporation.................................... 64 Starkweather & Shepley Ins. Brokerage, Inc.................11 Taylor Oil Company....................................................... 70 Ti-SALES, Inc. .............................................................. 58 Tonry Insurance Group, Inc.......................................... 75 United Concrete Products............................................. 47 United Rentals Trench Safety....................................... 48 Webster One Source..................................................... 52 C. N. Wood Co., Inc. .................................................... 22 Woodco Machinery, Inc................................................ 50 Xylem Dewatering Solutions Inc. dba Godwin Pumps..... 65

“BUY FROM THE ADVERTISERS IN CONSTRUCTION OUTLOOK”

NOVEMBER, 2016

from Design to Delivery American Shoring is the Leader in High Quality, ModularTrench Shoring A complete line of heavy duty and light weight aluminum or steel trench shoring is available for all your needs.

Our staff is waiting for your call with professional advice to recommend the best specific product for your project.

Field service support and supervision available with on site assembly and take down.

Inquire about our Competent Person, Confined Space & OSHA 10 training classes.

All systems are manufactured in the USA.

207 Lake Street, Newburgh, NY 12550

1.800.407.4674 www.americanshoring.com E-Mail us at

sales@americanshoring.com In New England

SALES • RENTALS • SERVICE REPAIRS • TRADE-INS RECERTIFICATION

American Shoring of Massachusetts, Inc.

226 Cherry Street Shrewsbury, Mass 01545

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

Powerful and Proven Get more in a K Series-II. Got a material-handling app that demands extra agility and ability? There’s a John Deere K Series-II Loader for that. Built on the highly reliable platform of their predecessors, these models are loaded with even more customer-inspired productivity- and uptime-increasing features. John Deere PowerTech™ EPA Final Tier 4 (FT4)/EU Stage IV diesels provide generous displacement, power, and lugging ability.

Daily checks and maintenance access are even easier. And all new K Series-II Loaders come with a standard five-speed transmission, a new adaptive clutch cutoff, and new axles with brake retractors that will improve productivity while providing up to 10-percent fuel savings compared to previous K-Series models.

www.SchmidtEquipment.com 5 Locations Serving MA & RI 508-987-8786