August 2016 Construction Outlook

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

AUGUST, 2016

• Legislature Finishes “Formal” Sessions for 2015-2016 Legislative Cycle • Governor Vetoes Vehicle Miles Traveled Pilot Program in Transportation Funding Bill • Governor Baker Signs Pay Equity Legislation

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

Years of Excellence 1954-2016

AUGUST, 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

3 President’s Message:

Phil Jasset Left an Incredible Legacy

5 Legislative Update:

• Coalition of Employers Successfully Opposes Harmful Wage Enforcement Legislation • Legislature Finishes “Formal” Sessions for 2015-2016 Legislative Cycle • Governor Vetoes Vehicle Miles Traveled Pilot Program in Transportation Funding Bill • Governor Baker Signs Pay Equity Legislation • Federal Agency Reports on Corrosive Well Water; New England Identified as Area of Concern

19 UCANE Joins National “Imagine a Day Without Water” Campaign to Raise Awareness About Vulnerable Infrastructure Systems 20 In Memoriam:

J. D’Amico, Inc.

Phil Jasset

TONY BORRELLI

31 UCANE’s 62nd Annual Banquet

Celco Construction Corp.

GERRY CARNEY, JR.

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

32 UCANE’s 37th Annual Golf Classic 49 Technology in Construction:

Microsoft’s Skype for Business May Be Just the Thing You Need to Bring Your Office, Subs, Clients, and Field People Together on Demand

51 Localized Mystic River Report Card Shows Specific Information About Water Quality

JERRY GAGLIARDUCCI

55 OSHA Alert: OSHA Penalty Adjustments Took Effect August 1, 2016

MARCO GIOIOSO

57 The McCourt Foundation’s 2016 Tour De South Shore

Feeney Bros. Excavation, LLC Gagliarducci Construction, Inc. P. Gioioso & Sons, Inc.

A. J. LORUSSO

Lorusso Heavy Equipment, LLC

AL MORTEO

FED. CORP.

JOSEPH PACELLA

RJV Construction Corp.

BRIAN RAWSTON

59 Financial Management: • • • • •

The True Cost of Higher Education Make the Most of College Financial Aid Campus Tax Credits Can Top Tax Deductions The Second Best Investment You Can Make Using IRA Money to Buy a Business Can Be Dangerous

Jay Cashman, Inc.

PAUL A. UMBRO

Umbro & Sons Const. Corp.

CHRIS VALENTI

GVC Construction, Inc.

DAVID ZOPPO

R. Zoppo Corp.

ANNE KLAYMAN

Executive Director

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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AUGUST, 2016

Phil Jasset Left an Incredible Legacy The UCANE family lost one of its staunchest advocates and strongest supporters when longtime member and Honorary Board Member Phil Jasset recently passed away. In this month’s magazine, you will find many remembrances and tributes to Phil and his legacy. On behalf of UCANE members and our staff, I want to express our condolences to the Jasset family. His loss will be felt for as long as UCANE exists, and his legacy of contributions will never be forgotten.

W

hen I first became involved with UCANE over 10 years ago, Phil was one of the first people to welcome me, and I realized quickly how informed and passionate he was about our industry. He was a wealth of information, and he carried that information, with a thick binder in hand, tirelessly to Beacon Hill, Capitol Hill, and to anyone else that could help UCANE. Whenever a member said hello to Phil, his immediate response was, “Is there enough work out there?” Aside from his family, Phil’s greatest commitment was to try and make sure as many jobs as possible went out to bid.

In 2012, Phil represented UCANE as a member of the Water Infrastructure Finance Commission. That Commission identified a $21 billion funding gap in water infrastructure needs over the next 20 years. As a result, in 2014 the Legislature passed Chapter 259 to address the problem. While the law made it easier for water infrastructure projects to be approved, there was no money appropriated for these projects. In his “retirement,” Phil continued to tirelessly lobby legislators for additional funding and to educate the public about the impact of neglecting our underground infrastructure.

Phil could always explain the cost issue for clean water in the simplest, easy to understand terms. He would quote recent statistics, which showed that the

AUGUST, 2016

average individual pays $73 a month for a cell phone. Of course, he would say, “That’s just the average cost and my guess is that many pay well more than that. Now the average cable bill is $123 a month. Between our phone and cable bills, the monthly cost is almost $200.

Yet the average water bill is $45 dollars a month.” He would then continue, “While we all have become attached to our cell phones and enjoy our favorite shows on HBO, we certainly could go a day or two without either of them…but, going a day or two without water…that’s another story. There’s no question that it would put our citizen’s health and the region’s economy at risk. In my opinion, the price we pay for clean drinking water has not kept up with the cost to provide it; or its value to our state’s economy; or to maintaining our standard-of-living. The price tag to fix these problems continues to rise and people need to realize that. They also need to support our state’s pollution control efforts and clean drinking water programs.”

The best way we can honor Phil is to continue the work he believed in so deeply, which is to advocate for updating and replacing our water infrastructure so that UCANE members can continue the vital service of providing safe and clean water to all of our citizens. n

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AUGUST, 2016

Mark Molloy, Esq., Lynch Associates, Inc.

Coalition of Employers Successfully Opposes Harmful Wage Enforcement Legislation

T

he end of the legislative session brought to lation and referred it to the House Ways and Means, did not take up the legislation before the end of formal conclusion the fate of Senate Bill 2416, the prosessions despite a strong push by the AFL-CIO in the posed wage theft law, for the 2015-2016 legisfinal weeks. lative session. Passed by the Massachusetts Senate in July, Senate Bill 2416 – through broad sweeping To view the version of this legislation that passed definitions – attempted to hold contractors, developthe Senate, please visit: https://malegislature.gov/ ers, construction managers, and owners, jointly and Bills/189/Senate/S2416/ continued on page 7 severally liable for any wage violation committed by the contractor directly working under them. In addition, the legislation created vicarious liability extending to the “lead company� if a subcontractor violates laws governing unemployment insurance or workers’ compensation. Finally, the legislation proposed allowing the Massachusetts Attorney General or Direc-     tor of the Massachusetts Division of Unemployment     Assistance to issue “stop work orders� before

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  While the Massachusetts Senate softened the   impact of the original wage theft legislation by drop-     ping language allowing for the Attorney General to   undertake private rights of action for treble damag-   es, UCANE and the other associations still opposed  Senate Bill 2416 out of concern that the proposed leg-    islation would still cause more harm than it purports New Â

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Legislative Update continued from page 5

Legislature Finishes “Formal” Sessions for 2015-2016 Legislative Cycle

F

ormal sessions, where controversial matters may be taken up by the Massachusetts legislature, ended July 31 with a flurry of activity on five matters before “conference committee.” In concluding its formal sessions, the legislature was faced with reconciling House and Senate versions of “rideshare,” energy, economic development, non-compete, and municipal modernization legislation. The legislature was able to reach accord on four out of the five matters; leaving the non-compete legislation incomplete. Governor Baker signed all four.

Among key provisions of interest to UCANE members, the conference committee reports included some of the following: • “Ride-Share”. A new division would be set up within the Massachusetts Department of Public Utilities (DPU) to regulate services like Uber and Lyft, and their work would be financed by a surcharge on revenues earned by the transportation companies. All ride-hailing services would be required to pay commercial toll rates,

and drivers would have to display a decal on the front and rear of their vehicles identifying them as rides for hire. The so-called transportation network companies, under the compromise bill, would be charged a 20 cent surcharge on every ride, which is up from 10 cents in the Senate bill.

From each fee, 10 cents will be returned to the city or town where the ride originated for infrastructure maintenance, 5 cents would go to the Massachusetts Department of Transportation (MassDOT) for statewide improvements and 5 cents would go to MassDevelopment for grants to help the taxi and livery industries improve their technology and provide workforce development for drivers.

• Energy. The energy bill commits Massachusetts utilities to purchasing up to 30 percent of the state’s electricity from offshore wind generation and hydropower imported from Canada or upstate New York. The final version rejected a continued on page 9

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With a heavy heart we mourn the loss of a great man.

Phil Jasset dedicated a lifetime to strengthen the utility construction industry.

We will all miss him dearly!

- C.N. Wood Co., Inc.

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AUGUST, 2016

Legislative Update continued from page 7

The end of the formal legislative sessions also saw the legislature override approximately 200 of Governor Baker’s vetoes. Included in the override frenzy was returning funding for the Commonwealth Rate Relief Program to $1.1 million; restoring funding to the DEP to $25,037,437 and returning funding for the stormwater management program to $465,854.

The legislature did not override the $6,330,739 vetoed from the Clean Water Trust fund contract assistance line-item. The legislature will hold informal sessions until very early January 2017, when a new legislative session begins.

proposal to double the state's minimum requirements for renewable energy and also maintains funding mechanisms for development of natural gas pipelines. The final bill includes language that would expand the requirement that gas companies survey and repair gas leaks in public ways to include Grade 3 leaks (least hazardous) that are deemed harmful to the environment. A related provision would delegate to the DPU, in consultation with the Massachusetts Department of Environmental Protection (MassDEP), the task of developing criteria to identify the impact of Grade continued on page 11 3 leaks on the environment and establishing a plan and timelines to repair leaks that have a significant impact.

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• Municipal Modernization.

The Legislature passed and the Governor signed a sweeping bill that contains dozens of provisions to eliminate or streamline outdated and obsolete statutes and state requirements, provide some new local options, and generally help cities and towns operate more efficiently. The legislation updates procurement and construction laws by increasing dollar thresholds for small scale purchases; allows parking revenues to be used for transportation-related activities; allows the expenditure of insurance proceeds to replace damaged equipment without appropriation (below $150,000); and allows communities to implement reduced speed limits in certain areas.

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Legislative Update continued from page 9

Governor Vetoes Vehicle Miles Traveled Pilot Program in Transportation Funding Bill

T

he Massachusetts legislature sent Governor Baker a transportation funding bill on the last day of session that not only provided funding for road and bridge projects, but included an amendment to establish a vehicle miles traveled tax pilot program. Governor Baker said he considered the proposed program a tax and vetoed that section of the bill. The amendment directed the Massachusetts Department of Transportation (MassDOT) to apply to the U.S. Department of Transportation for grant funding to create a vehicle miles traveled tax pilot program.

According to the Federal Highway Administration, VMTs are distance-based fees levied on a vehicle user for use of a roadway system. As opposed to tolls, which are facility specific and not necessarily levied strictly on a per-mile basis, these fees are based on the distance driven on a defined network of roadways. To date, this method of revenue generation has been implemented only for 5,000 volunteer motorists in Oregon beginning July 1, 2015 and for

trucks (e.g. in Germany and, on a limited basis, Illinois). It has been previously tested on a pilot basis in Oregon in 2007 (Road User Fee Pilot Project) and 2012 (Road Usage Charge Pilot Project) and, separately, in 12 cities in the United States as part of a SAFETEA-LU-authorized National Evaluation of a Mileage-Based Road User Charge study conducted by the University of Iowa.

The initial pilot program would include no more than 500 volunteer participants. MassDOT would design the program in a way that would ensure that the volunteers are not paying tolls, gas taxes, and VMT taxes at the same time. The language would require MassDOT to apply for the pilot program funding until the year 2020. The pilot program has the support of environmental groups and transportation advocates. Should the Governor veto this item, there will be little opportunity to override the veto or pass an amended version during the remaining informal sections. continued on page 13

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A

Governor Baker Signs Pay Equity Legislation

s reported in numerous media publications, Governor Charlie Baker signed a bipartisan pay equity bill, passed unanimously by both legislative branches, to ensure equal pay for comparable work for all Massachusetts workers and equal opportunities to earn competitive salaries in the workplace. Joining the Governor at the public signing ceremony was Lt. Governor Karyn Polito, Senate President Stanley Rosenberg, Speaker of the House Robert DeLeo, Treasurer Deb Goldberg, State Auditor Suzanne Bump, Senator Patricia Jehlen, Representative Ellen Story, Representative Patricia Haddad, and other members of the Legislature. The legislation, Senate Bill 2119, An Act to Establish Pay Equity, will go into effect on July 1, 2018 for Commonwealth employers and employees.

by providing “[n]o employer shall discriminate in any way on the basis of gender in the payment of wages for comparable work.” Under the new law, “comparable work” is defined as meaning “work that is substantially similar in that it requires substantially similar skill, effort and responsibility and is performed under similar working conditions; provided, however, that a job title or job description alone shall not determine comparability.” Under the new law, employers are permitted to take certain attributes of an employee or applicant into account when determining variation in pay, like: their work experience, education, job training, or measurements of production, sales, or revenue.

However, employers cannot inquire about an applicant’s salary history until an offer has been made to the applicant.

In particular, the new law will prevent pay discrimination for comparable work based on gender

The statute of limitations laid out currently uncontinued on page 15

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Legislative Update continued from page 13 der the new law will be expanded from one to three years and employees will no longer be required to pursue a general claim of intentional discrimination at the Massachusetts Commission Against Discrimination before filing a separate equal pay claim in court. That said, the new law does include a three-year affirmative defense from liability to employers who conduct a self-evaluation (of their own design) of their pay practices in good faith and can demonstrate that reasonable progress has been made towards eliminating wage differentials based on gender for comparable work.

Finally, the new law affirms the ability of employers to protect the confidential information about employee wages should another employee seek that information.

The new law, which goes into effect July 1, 2018, may be subject to additional regulation. The new law authorizes the Attorney General to issue regulations interpreting and applying the expanded law.

For more information about this new law, visit: https://malegislature.gov/Bills/189/Senate/S2119 continued on page 17

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Legislative Update continued from page 15

Federal Agency Reports on Corrosive Well Water; New England Identified as Area of Concern

A

ccording to a new study by the United States Geological Survey (USGS), an assessment of more than 20,000 wells nationwide shows that untreated groundwater in 25 states has a high prevalence of being potentially corrosive. The states with the largest percentage of wells with potentially corrosive groundwater are located primarily in the Northeast, the Southeast, and the Northwest.

Two indicators of potential corrosivity were combined to determine that corrosive groundwater occurs in all 50 states and the District of Columbia. Corrosive groundwater, if untreated, can dissolve lead and other metals from pipes and plumbing fixtures.

Public water supplies are regulated by the United States Environmental Protection Agency, but maintenance, testing and treatment of private water supplies are the sole responsibility of the homeowner. As reported in the USGS study, about 44 million people in the U.S. get their drinking water from private wells, yet surveys indicate many homeowners are unaware of some basic testing that should be done to help ensure safe drinking water in the home.

Naturally corrosive water is not dangerous to consume by itself, however it can cause health-related problems by reacting with pipes and plumbing fixtures in homes. If plumbing materials contain lead or copper, these metals may be leached into the water supply by corrosive water. Signs of corrosive water causing leaching of metals may include bluish-green stains in sinks, metallic taste to water, and small leaks in plumbing fixtures.

Potential sources of lead in homes include: • lead pipes or fittings used in homes built prior to 1930

The USGS report, “Assessing the Potential Corrosivity of U.S. Groundwater” can be found at: https:// pubs.er.usgs.gov/publication/sir20165092. Additional information on groundwater quality monitoring and modeling is available on the USGS National WaterQuality Assessment project website. n

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UCANE Joins National “Imagine a Day Without Water” Campaign to Raise Awareness About Vulnerable Infrastructure Systems

O

n September 15, 2016, UCANE will join elected officials, drinking water and wastewater providers, community leaders, business and labor groups, policy experts, advocacy organizations and infrastructure experts participating in “Imagine a Day Without Water,” an effort to educate the public about the water infrastructure crisis currently facing our nation. Organized by the Value of Water Coalition, hundreds of organizations across the country will partake in events aimed at raising awareness about the crucial need for investment to ensure that no community in America is left without water, and the infrastructure that brings it to and from homes and businesses.

“We're thrilled that UCANE is joining “Imagine a Day Without Water.” This national day of action is educating public officials and engaging citizens about the essential role water plays in our lives, and the threat that aging and underfunded water infrastructure poses to our communities and economy” said Radhika Fox, CEO of the US Water Alliance and Director of the Value of Water Coalition. “Most people can take for granted that when they turn on the tap, or flush the toilet, water systems function exactly as they are supposed to. But the systems that provide critical water and wastewater services are aging, and we need to take action before it gets worse, because a day without water is nothing short of a crisis.”

The problems our drinking water and wastewater systems face are multi-faceted. Each community faces distinct challenges and will require locallycrafted solutions to solve their biggest water problems. Drought, flooding, infrastructure failure, sewer overflows, poor water quality, and climate change are stressing our water and wastewater systems. In some communities, families and businesses have experienced the impossible struggle of a day without water.

“Imagine A Day Without Water” tells their stories, as well as the stories of innovative solutions to our nation’s water challenges, so that no one ever has to experience another day without water.

Frequently, public attention on infrastructure typically focuses on the things we see every day, like roads, bridges, and tunnels. Yet the hidden infrastructure that reliably brings clean water to homes and businesses, and takes it away after it has been used, is ac-

AUGUST, 2016

tually far more vast than our highway system. National Geographic estimates that the country’s 1.2 million miles of water mains translates to 26 miles of pipes for every mile of interstate highway. And, while the interstate system was built in the late 20th century, many of the water systems that our country’s biggest cities rely on were built in the 1800s or early 1900s.

Now those systems are showing the effects of a century, or more, of running 24 hours a day, seven days a week, 365 days a year. A water main breaks somewhere in America every two minutes. The American Society of Civil Engineers gave a grade of “D” to our drinking water and wastewater infrastructure. Without further investments, these systems will experience more frequent failures and disruptions as they try to keep up with the needs of both the modern metropolises and rural and agricultural areas they serve.

(The Value of Water Coalition is a group of thirty water and wastewater providers, water-reliant businesses and policy organizations dedicated to educating and inspiring the nation about how water is essential and in need of investment. The Value of Water Coalition is coordinated by the US Water Alliance, a national non-profit dedicated to securing a sustainable water future for all.) n

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Phil with fellow UCANE members and agency heads

Phil advocating for water infrastructure needs

Governor Dukakis signing UCANE legislation

Phil with his sons Jay and wife Deborah, and Doug and wife Marie

Joe Pacella, Phil, and Chris Walsh

20

Phil, Joey Biotti, and Wayne Tarr

Phil’s grandsons Doug and Brian, and son Doug often played in the UCANE Golf Tournament

Steve McCurdy (MassDEP), Martin Suuberg (MassDEP), and Phil

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I n M emoriam

O

Phil Jasset

n July 1, 2016 UCANE lost one of our Association’s most ardent and dedicated supporters.

Phil Jasset passed away at the age of 89. He was well known and respected by multiple State and Federal Agencies, Business and Environmental Groups, Legislators, and other construction association’s that were advocates for increasing public awareness and funding for the Commonwealth’s aging water and sewer systems.

During World War II, Phil proudly defended our country as a member of the United States Navy. Following his military service, he worked in sales at Genalco, Inc. in Needham, MA. In 1954 – the same year that UCANE was founded – Phil began a new job at New England Concrete Pipe Company (NECP) in Newton, which would begin his lifelong connection with the water and sewer industry. Starting as a salesman and advancing to vice president in charge of all sales in 1968, Phil and New England Concrete Pipe Company were both on the front lines as the Federal Clean Water Act was implemented

Fran Polito, Phil, and Frank Gioioso

Steve Comoletti, Phil, and Joe Pacella

AUGUST, 2016

in 1972. The company was the major producer of large diameter concrete pipe in Massachusetts during the next 30 years. Phil worked at NECP for nearly 50 years.

When UCANE was formed in 1954, New England Concrete Pipe was one of the first material suppliers to join as an Associate Member. Thus began Phil’s involvement with UCANE. Phil was NECP’s representative and began attending various UCANE functions and meetings, and he later became a member of UCANE’s Board of Directors. In 1979 Phil was recognized for his involvement and contributions to UCANE by being voted by his peers as “Associate Member of the Year.”

During the 1980s and 1990s Phil served on many UCANE committees and several terms on the UCANE Board of Directors. He understood early on the importance of maintaining funding levels for our industry, as the Federal Government began to reduce their share of continued on page 23

Steve McCurdy (MassDEP), Phil, Mike Hornbrook (MWRA), Fred Laskey (MWRA), and John Sullivan (BWSC)

Phil together with fellow UCANE Board Members

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In Memoriam continued from page 21 the Clean Water funds. Phil was always willing to visit local legislators and those in Washington, DC, along with other UCANE members, to inform politicians about the good work and the benefits that our industry was providing to the economy as well as to the environment.

When Phil retired from NECP, he continued to attend UCANE events and participate in meetings.

His expertise on the various State and Federal funding programs was invaluable and a guiding influence to UCANE’s Officers and Board members, many of whom served limited volunteer terms and needed to be educated in a short time frame. Ten years ago, our Board appointed Phil an Honorary Lifetime Board Member, only the second person so honored in our Association’s 62 year history.

In 2006, Phil began working as a UCANE Consultant, focusing on assisting our lobbyists in the continuing battle for recognition of the underground utility construction industry, promotion of additional funding, and the development of a long term and dedicated funding source for water and sewer projects. Phil also represented UCANE on several industry coalitions and his knowledge of the issues and his opinions were always well respected by those on both sides of any debate.

Phil took particular interest in Cape Cod as that region struggled to develop a comprehensive sewer program to protect its fragile watershed. He attended multiple town hall and Cape Cod Commission meetings on behalf of UCANE. There is no doubt that Phil’s persistence on this issue was a major factor in the movement forward of dozens of Cape Cod infrastructure projects that benefitted the region’s environment as well as its economy.

Phil also jumped into other industry issues as they arose. By gathering advice from experts and through reading everything he could get his hands on, Phil became one of the most knowledgeable people on the complicated Emissions Regulations and Diesel Retrofit Program. He was also instrumental in working with the MassDEP to develop common sense practices and guidelines for cutting and handling asbestos cement pipe.

Phil “semi-retired” from UCANE in 2015 after a 61 year career involved with the underground construction industry. Even in retirement, he insisted on working with the State Special Commission on Long Term Infrastructure Funding, which former Senate President Therese Murray appointed him to.

While Phil was passionate when speaking about water infrastructure, nothing gave him more joy than talking about his family. He was a loving husband to his

AUGUST, 2016

wife, Dee, who passed away in 1990, and he would often talk about his sons, Doug and Jay, and grandsons Jeff, Alex, Wayne, Philip, Douglas, and Brian. You could see the pride on his face when he shared stories of their accomplishments on the golf course, in school, at their jobs, or of simply spending time together.

Phil Jasset made a lasting impact on UCANE and its members. He will be sorely missed by the UCANE staff and by the hundreds of contractors that he worked with over the years. His passion to promote our industry was second to none and his long term dedication and commitment to UCANE will be legendary. n

Mark Molloy, Former Senate President Therese Murray, Phil, and Paul Scenna at UCANE Dinner Meeting

Gerry Carney, Jr., Phil, and Tom Descoteaux

Bob Benard, Phil, and Bob Berry

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Letter from Lt. Governor Karyn Polito July 22, 2016 ​The three most important things to Phil Jasset: family, water & sewer, friendship.

These subjects are listed in no particular order because in Phil’s life, they were intertwined.

As a young adult, I remember this gentle man’s visits to our family office. He would always stop to say hello on his sales calls to the area. I would later value these visits even more when I started my career in public service as a Shrewsbury Selectman. It was then that I became a student to Phil’s vast knowledge and experience of all things “water and sewer.” This education continued through my years in the State Legislature, as a candidate for State Treasurer, and now as Lieutenant Governor. Before our Inauguration, Phil handed me a binder of the subject materials and impressed upon me that these materials would help me to help so many in the Utility Construction Industry, our communities and the citizens of our Commonwealth who rely on safe and clean water. I’m grateful for Phil’s mentorship.

During the almost 30 years knowing Phil, he taught me more than the importance of water and sewer projects. He showed, by example, that family and friendship are most important in life. A proud father and grandfather, he organized and participated in every charitable golf tournament I hosted. Each year, the family foursome would dress in coordinated golf shirts, play their hearts out,

Phil and Lieutenant Governor Karyn Polito

and inevitably win first place trophies and prizes. They came ready to win, to give and to support a cause, and a friend. Phil never let us down and was always there for his family, his friends and his UCANE family.

Recently, I was blessed to visit with Phil.

And yes, we talked about his favorite subjects: his grandchildren, UCANE, and our friendship. I was fortunate to have Phil’s guidance over the years. He cared about me like a daughter. He prepared me with knowledge to better serve UCANE and its members. A life of almost 90 years, lived well, serves as an example to all of us. I will miss Phil’s visits, but will honor him by living life focused on the right subjects as he did. n

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July 22, 2016 Utility Contractors of New England 300 Congress Street # 101 Quincy, MA 02169 Dear Anne: It is with great pride that we write this tribute to our friend and colleague Phil Jasset. Working with Phil over the years, we came to know a man who was dedicated, loyal and enthusiastic in his work. He was a fierce advocate who was well known in the halls of Beacon Hill. Phil was straightforward and forthright in his positions and opinions. Frankly, you never had to guess where Phil stood on any issue. His word was his bond.

Phil was very effective in his advocacy role at UCANE. He saw the big picture, including the importance of UCANE’s support of the MWRA and its mission to clean up the environment and to guarantee safe drinking water. There was no bigger supporter for rate relief funding for MWRA’s ratepayers than Phil Jasset. Some may contend that Phil’s advocacy on behalf of MWRA was driven by the desire to see more work going to UCANE members, but there was more to this man. He was a good environmentalist who fully understood that the importance of the work that MWRA and his UCANE members performed.

On a personal note, Phil was our friend and we are deeply saddened by his passing. We will miss him dearly, including his perfectly timed quips, healthy sarcasm, and hardy laugh. Simply put, he was a gem of a guy.

Sincerely,

Joseph E. Favaloro

Executive Director, MWRA Advisory Board

AUGUST, 2016

Frederick A. Laskey

Executive Director, MWRA

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A “typical” New England weather day was predicted for UCANE’s 37th Annual Golf Tournament, held on July 11, 2016 at LeBaron Hills Country Club in Lakeville, MA. By typical we mean there were some high clouds and a little drizzle to start with, but by mid-day there was a lot of sunshine, with balmy temperatures in the high 70s. Taken together, it was a great day for golf and another successful, sold-out tournament enjoyed by UCANE members and their guests.

Again this year, our Corporate Sponsor for this event was Taylor Oil Company. The day began with many participants arriving early and ready to go as soon as registration opened at 8 a.m. A Continental Breakfast, sponsored by ATS Equipment, Inc. and Hub International New England, greeted our golfers. UCANE’s famous “Goodie Bags,” sponsored by P. Gioioso and Sons, Inc. were insulated coolers fully stuffed with golf balls, mugs, hats, golf towels, and so much more that it was difficult to close the bags. Roadsafe Traffic Systems, Inc. again did a tremendous job of providing all of our sponsorship signage inside the clubhouse, on the putting green, and on the course.

The shotgun start at 9 a.m. began the long awaited tournament at one of this region’s most challenging courses. When each foursome made the turn after the 9 th hole they enjoyed a Barbecue Lunch sponsored by Schmidt Equipment, Inc., on the clubhouse patio.

During the day, golfers were kept hydrated by two Cold Drink Carts sponsored by KAF, United Rentals Trench Safety-MA, and The Vellano Companies, Inc. continued on page 35

AUGUST, 2016

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Golf Tournament continued from page 33 Our “Celebrity Closest to the Pin” Contest, sponsored by HD Supply Waterworks, was held on the 11th hole against New England Patriots Hall of Fame Linebacker Steve Nelson. Steve was extremely outgoing and enjoyed his time socializing with members, all of whom had their photos professionally taken with Steve thanks to Ritchie Brothers Auctioneers. “Nellie,” as Steve was known in his playing days, was quite a golfer in his own right, which made it challenging for our golfers to beat his shots. Many of them did, and their names were entered into the 50/50 contest.

There were many other challenges that added to the day’s enjoyment. McCourt Construction Co. sponsored the $25,000 Hole in One Contest on the beautiful par 3 8th hole. Additionally, Rodman Ford Sales, Inc. offered a 3-year lease on a new Ford F-150 for anyone who could ace the par 3 5th hole. While there were a few close calls, no one was able to put one in the cup, but there’s always next year!

At the conclusion of the round, golfers gathered in the clubhouse and out on the patio for the Social Hour sponsored by T-Quip Sales & Rentals, Inc., Putnam Pipe Corp., and Hub International New England.

The finals of our $10,000 Putting Contest, which was sponsored by Dagle Electrical Construction Corp., were held on the putting green. While no one sank the $10,000 putt, Steve Kelley of P.T. Kelley, Inc. did walk away with a 3-day golf vacation. continued on page 37

AUGUST, 2016

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Golf Tournament continued from page 35

The Helicopter Ball Drop, sponsored by HD Supply Construction & Industrial White Cap, was also held during the social hour. All eyes searched the sky as the sound of the helicopter was first detected. The excitement built higher as those who purchased Ball Drop tickets waited as the helicopter made its slow descent to just a few feet above the ground and dumped 500 numbered golf balls onto a hole near the clubhouse. The ticket number that corresponded with the number on the golf ball that was in, or closest to the hole, took home the 50/50 prize. As luck would have it, ball #1 was the winner and Ken Vogel of WES Construction Corp. was the holder of that prized ticket!

After all the conversation and kidding about coming close to winning the Ball Drop, golfers adjourned into the dining room where awards were presented to the top four teams, as well as the winner of the “Closest-to-the Pin 50/50 Raffle.”

If all these events were not enough to make this day outstanding, our traditional Lobster Clambake Dinner which was generously sponsored

by E. J. Prescott, Inc. featured 2-pound lobsters, clam chowder, clam fritters, pulled pork, corn-on-thecob, and garden salad made UCANE’s Golf Tournament the go-to golfing event of the year.

Obviously we have a group of golfers who defi-

AUGUST, 2016

nitely burn up the calories on the course, because after this sumptuous dinner, everyone enjoyed the Ice Cream Sundae Bar, sponsored by USI Insurance Services, LLC. Closing out the festivities was our raffle drawing for 55 amazing prizes, including many prime Red Sox tickets, high-end brand liquor, a 42-inch TV, and our annual slot machine giveaway.

As always, our tournament is made special by our members and friends who support the event by golfing, sponsoring tees and putting greens, and donating incredible raffle prizes.

On behalf of the UCANE staff, we would like to thank all of you who made this tournament another huge success. We greatly appreciate your generosity and support, and look forward to making next year’s tournament our biggest and best yet! (A complete list of our sponsors can be found starting on page 38.)

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37

A special thank you to our sponsors for their continued support of UCANE’s Annual Golf Tournament Corporate Sponsor

TAYLOR OIL COMPANY Lobster Clambake Sponsor

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Milton CAT Golf Balls

Swank Const. Company, LLC Golf Tee Packets

Aqua Line Utility, Inc. Golf Balls

Norfolk Power Equipment, Inc. Golf Balls

Taylor Oil Company Golf Towels & Koozies

Dagle Electrical Const. Corp.

Frisbees

Robert B. Our Co., Inc. Travel Mugs

Tonry Insurance Group, Inc. Koozies

Dig Safe Systems, Inc. Hats, Pens, & Key Chains

Scrap-It, Inc./Minichiello Bros., Inc. Magnets

T-Quip Sales & Rentals, Inc. Mechanical Pencils

Kistler & Knapp Builders Candy Filled Pouches

Shea Concrete Products, Inc. Golf Tees

United Concrete Products, Inc. Chip Clips

MBO Precast, Inc. Golf Balls

Stiles Company, Inc. Note Pads, Sun Tan Packs, & Pens

AUGUST, 2016

“BUY FROM THE ADVERTISERS IN CONSTRUCTION OUTLOOK”

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AUGUST, 2016

We know you face many risks above and below ground.

Rogers & Gray Insurance, a proud UCANE member, can help keep your business and employees safe.

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Robert Bizak Executive Vice President UCANE Member & Construction Insurance Specialist Direct: 508.747.4385 rbizak@rogersgray.com

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AUGUST, 2016

Photos by Sabrina Baloun, sabrinacolequinnphoto.com

Lorusso Heavy Equipment LLC

Lorusso Heavy Equipment LLC

160 Elm Street Walpole, MA 02081 Phone: 508-660-7600 • Fax: 508-660-7614 www.lhequip.com 48

“BUY FROM THE ADVERTISERS IN CONSTRUCTION OUTLOOK”

AUGUST, 2016

Brian MacFee, Systems Support Corporation

Microsoft’s Skype for Business May be Just the Thing You Need to Bring Your Office, Subs, Clients, and Field People Together on Demand

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his article is the last in the series talking about Microsoft Office 365 and the tools contained in it. Microsoft Skype for Business is the latest tool to be included, and may yet prove to be the most valuable.

If you are like most businesses involved in construction, you have a lot of information that often changes, and there are many who need to know about it quickly. Print updates, permits, and change orders may require meetings or phone calls. Of course, the sites are usually pretty distant from each other, minimizing when and how often you can meet.

Microsoft Skype for Business may soon become your new best friend. You probably are already aware of Skype – millions have used it and it has become one of the most popular ways to video chat with friends and relatives.

Microsoft bought Skype a few years back and merged/replaced their Lync application, and added some business grade horsepower and tools. This means you can now have meetings with multiple people on demand, on any combination of computers, tablets, and phones. You can show your desktop or allow others to show theirs; use their phone or tablet camera to see their face or a firsthand look at a construction site. All of which can be shared with all participants in the “meeting.” Documents can be shared; or updates – i.e., blueprints, specs, etc., can be saved by all with the updates on their own systems.

Skype for Business comes with the Enterprise version of Office 365, or is available as its own service for $2 per month per account. “Outsiders” can be added to meetings as necessary.

AUGUST, 2016

Setting up meetings is pretty simple and straightforward. Meetings can consist of just a conference call, shared desktops, or any combination.

I won’t go into more detail here as it can get a little confusing in print. I think it may be worth your while to review the few clips below that can show it in action and demonstrate some of its features: •

https://www.youtube.com/user/MicrosoftLync (demo)

•

https://www.youtube.com/watch?v=tHZc8EL9e68 (features description)

Please do take the time to review these videos as Skype for Business may help you get more done and work smarter. I will acknowledge there is some effort involved in implementing it into your organization, but the payoff will very much justify the effort in reduced driving and quicker/more effective decision making.

If you are interested in implementing Skype for Business, contact your IT Pro and ask them about it, or if they can refer you to an Office 365 Specialist. n

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49

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AUGUST, 2016

Localized Mystic River Report Card Shows Specific Information about Water Quality This Year We See Both Improvements and Areas for More Work In coordination with the Mystic River Watershed Association (MyRWA), EPA is utilizing an enhanced, more locally-specific analysis of water quality in the Mystic River Watershed for the second year. To better relate environmental conditions for the public, EPA and MyRWA are issuing grades for each segment of the watershed, totaling 14 separate stretches of river and tributaries.

The grades are based on bacterial contamination found in analyzed samples that were collected by MyRWA volunteers over the past year at fifteen monitoring sites throughout the entire watershed, as well as data collected at numerous locations by the Massachusetts Water Resources Authority (MWRA). From 2006 to 2013, an overall grade was used to track water quality progress in the Mystic River Watershed. Beginning in 2014, the amount of data collected each year supports an improved and more sophisticated grading system, where a grade can be assigned, using similar criteria as in the past, to each major segment or tributary in the Mystic River watershed.

F

or the second year in a row, analysis of the data shows that water quality in the main stem of the Mystic River, including the Upper and Lower Mystic Lakes, is quite good on a regular basis. On the other hand, water quality in many of the urban tributary streams in the Mystic River watershed is poor. Water quality in the main stem of the river from the Mystic Lakes, through Medford Square, and on to Boston Harbor, meets water quality standards nearly all of the time, especially in dry weather. However, water quality in many of the tributary streams feeding the Mystic often do not meet water quality standards. Water quality is frequently poor due to bacterial contamination in tributary streams such as Winn’s Brook, Little River, Mill Brook, the Malden River, the Island End River, and Mill Creek, even in dry weather. Investigations to date indicate the main causes of high bacteria counts in these water bodies to be illicit sewer discharges to storm drain systems and uncontrolled urban stormwater runoff that contains pet and animal waste.

A three-year rolling average was again used to calculate the grade for each segment. A grade for each year is calculated and the current year’s grade is averaged with the prior two years to produce the “rolling” three-year average. Such a system allows for a more complete and accurate assessment of recent water quality and is designed

AUGUST, 2016

Mystic River Watershed Water Quality Grades and Compliance Rates – CY15

Avg. Meeting MA water quality standards Grade Water Segment boating & swimming A+ A- A- A- B C+ C C- D D D- F F F

Upper Mystic Lake Mystic River (Salt Water) Chelsea Creek Mystic River (Fresh Water) Belle Isle Inlet Aberjona River Malden River Meetinghouse Brook Alewife Brook Mill Brook Little River Mill Creek Winn's Brook Island End River

95.9% 88.9% 89.5% 86.2% 77.8% 65.9% 63.3% 57.9% 49.5% 48.6% 44.3% 33.5% 32.7% 25.4%

to better address climate variability from year to year, while allowing for real data trends to be more easily discerned.

“We have a lot of ongoing work to improve water quality in the Mystic and its tributaries, and this report card serves as motivation to continue that work. EPA and our partners are committed to improving water quality for residents of the Mystic Watershed, and while we have seen improvements, we still have a lot of work to do,” said Curt Spalding, regional administrator of EPA’s New England office. “This year we have seen water quality improvements in 10 of the 14 segments of the River, and four of those have had grade improvements. The most significant grade improvement this year is Belle Isle Inlet, which improved from a C to a B in 2015, meeting state water quality standards 77.8% percent of days in 2015 compared to 63.9% in 2014.”

“The grade demonstrates the recreational value of the Mystic River and Lakes. These are great places for canoeing and kayaking and we can safely enjoy swimming in the Upper Mystic Lake,” said EkOngKar Singh Khalsa, Executive Director of the Mystic River Watershed Association. “The grade also underlines where there is room for improvement.” continued on page 52

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51

Report Card continued from page 51

permit related to MEP and water quality may be found in EPA’s Response to Comments document: www.epa. gov/region1/npdes/stormwater/MS4_MA.html.

In addition, last year marked the completion of planned construction of projects related to the MWRA Long Term Control Plan under the Boston Harbor Federal Court Order. Combined Sewer Overflow (“CSO”) controls that were completed in the Alewife Brook area last year should begin to have a significant impact on water quality. The Alewife projects completed to date under the Federal Court Order are predicted to reduce annual CSO volume to Alewife Brook by 85% on average, and reduce the frequency of CSO discharges from six remaining Alewife CSO outfalls from 63 discharge events a year to seven events a year.

Boston Area In a separate effort from our report card for bacteria,

“The Mystic River Watershed is a valuable natural resource accessible to many Greater Boston communities and its water quality is important, not only for recreational use but for the wildlife found in and around its waters. I am encouraged that we are moving in the right direction along key areas of the Watershed. I thank the Mystic River Watershed Association and the EPA for their commitment to improving water quality standards in the areas where it is still very much needed and protecting this local treasure,” stated U.S. Congressman Michael Capuano.

“We are pleased to be part of a valued partnership with municipalities, the Mystic River Watershed Association and the EPA as we work cooperatively on improving water quality in the Mystic River watershed,” said ComLocations missioner Martin Suuberg of the Massachusetts Decontinued on page 53 partment of Environmental Protection 2 Dexter Street (MassDEP).

Everett, MA 02149 Boston Area Boston Area Throughout the past year there Locations Locations were continued efforts to improve 431 Second Street water quality conditions in the Mystic Everett, MA 02149 2 Dexter Street 2 Dexter Street River watershed. Both EPA and Mass Everett, MA 02149 Everett, MA 02149 DEP continue to pursue a number of active enforcement actions targeted 431 Second Street 431 Second Street at improving water quality throughout the watershed. These enforcement efEverett, MA 02149 Everett, MA 02149 forts have resulted in the removal of BOSTON AREA LOCATIONS

over 31,800 gallons per day of sewage 2 Dexter Street 431 Second Street from storm drains in the Mystic River Everett, MA 02149 Everett, MA 02149 Watershed. Numerous additional illicit connections have been identified and are scheduled to be removed this year. A number of additional repairs have been made that have prevented tens of thousands of gallons of sewage from discharging to the river during rain events. These efforts continue to address violations of water quality criteria with regard to bacteria.

Bros./Scrap-It, Inc., Further improvements in Minichiello water Minichiello Bros./Scrap-It, Inc. quality are expected as the 2016 MasServes over 2500 customers a week and is one of New England’s largest customers a week and is one New England's largest buyers, sachusetts Small MS4 General Serves Permit over 2500 buyers, sellers, and processors of scrap metal.

Forour overgoal 60 years our goal sellers and processors of scrap metal.

For over 60 years has remained is implemented throughout the waterremained 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 shed. The small MS4 general permit top notch service!

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Callcustomer Fred Rogers at Call 617-595-5505 will become effective July 1,Minichiello 2017, reBros./Scrap-It, Inc.,

placing the 2003 small MS4 general Minichiello Bros./Scrap-It, Inc., permit for MS4 operators within Servesthe over 2500 customers a week and is one New England's largest buyers, Commonwealth of Massachusetts. sellers and processors of scrap metal.

For overa60week years ourisgoal Serves over 2500 customers and onehas Newremained England's largest buyer The conditions in the general the permit same - to provide the best in theof industry along with notch sellers and prices processors scrap metal.

Fortop over 60 years our goal has rema customer Callsame Fred -Rogers at 617-595-5505 are established pursuant to Clean Wa-service! the to provide the best prices in the industry along with top notch

ter Act (CWA) section 402(p)(3)(iii) to customer service! Call Fred Rogers at 617-595-5505 ensure that pollutant discharges from

small MS4s are reduced to the Maximum Extent Practicable (MEP), protect Turn your metal into money today! water quality, and satisfy the appropriTurn your metal into money today!

Minichiello Bros. Inc./Scrap-It Inc. ate requirements of the CWA. Further Minichiello Bros. Inc.,/Scrap-It Inc. information on the requirements of the

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Turn your metal into money today!

AUGUST, 2016

Report Card continued from page 52 in the summer of 2015 EPA launched a Mystic River water quality monitoring buoy in front of the Blessing of the Bay Boathouse in the City of Somerville. This buoy measures a number of water quality parameters such as temperature, dissolved oxygen, pH, turbidity, specific conductance, and chlorophyll that can be viewed by the public in near real time. The 2015 data is available on EPA’s Mystic River Website. In addition to providing real-time water quality data to the public, the buoy is used to monitor for and track cyanobacteria (blue-green algae) blooms. The buoy was launched again for the 2016 season in early June.

EPA continues to foster a long-term effort to improve this watershed, including continued support of the Mystic River Watershed Initiative Steering Committee. The Steering Committee includes EPA and MyRWA representatives, as well as representatives from numerous public advocacy groups and municipalities from throughout the Mystic River watershed.

The mission of the Steering Committee is to serve as a coordinating and information-sharing body to help establish strategic direction and priorities, as well as to recommend and promote key projects and actions needed to improve environmental conditions in the Mystic River Watershed.

More information on EPA’s Mystic River Watershed Initiative (www.epa.gov/mysticriver) n

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FactSheet FactSheet

A

OSHA Penalty Adjustments To Take Effect After August 1, 2016 OSHA Penalty Adjustments Took Effect August 1,to2016 OSHA Penalty Adjustments To Take Effect In November 2015, Congress enacted legislation requiring federal agencies s we reported to the membership previously, adjusted in 1990, will increase byisthe anticipated adjust their civil penalties to account for inflation. The Department of Labor in November 2015, Congress enacted leg78%.

Going forward, the agency will continue to After 2016 adjusting August penalties for its1, agencies, including the Occupational Safety and Health

islationAdministration requiring federal agencies to adjust adjust its penalties for inflation each year based on (OSHA).

November Congress enactedThe legislation requiring federal agencies to their civil Inpenalties to 2015, account for inflation. the Consumer Price Index. adjust their civil penaltiespenalties to account for inflation.

The Department of Labor is August 1, 2016.

Department of Labor is adjusting for its penalties took effect OSHA’s maximum penalties, which were last adjusted in The 1990, new will increase by 78%.

Going forward, the penalties for its agencies, including the Occupational Safety and Health agencies,adjusting including the Occupational Safety and Any citations issued byConsumer OSHA after date will be agency will continue to adjust its penalties for inflation each year based on the Pricethat Index.

Administration (OSHA).

Health Administration (OSHA). subject to the new penalties if the related violations The new penalties will take effect after August 1, 2016. Any citations issued by OSHA on or after that date OSHA'swill maximum penalties, which ifwere last violations occurred after November 2,2015.

2015. n be subject to the new penalties the related occurred after November 2, OSHA’s maximum penalties, which were last adjusted in 1990, will increase by 78%. Going forward, the agency will continue to adjust its penalties for inflation each year based on the Consumer Price Index.

Type of TheViolation new penalties will take effect afterCurrent August 1, 2016. AnyPenalty citations issued

by Maximum OSHA on orPenalty after that date Maximum New will be subject to the new penalties if the related violations occurred after November 2, 2015.

Serious Type of Other-Than-Serious Violation Posting Requirements

$7,000 per violation Current Maximum Penalty

$12,471 per violation New Maximum Penalty

Serious Failure to Abate Other-Than-Serious

$7,000 per day beyond the $7,000 per violation abatement date

$12,471 per day beyond the $12,471 per violation abatement date

Posting Requirements Willful or Repeated Failure to Abate

Adjustments to Penalties

$70,000 per violation

$124,709 per violation

$7,000 per day beyond the abatement date

$12,471 per day beyond the abatement date

Willful or Repeated violation $124,709 per violation To provide guidance to field staff$70,000 on the per implementation of the new penalties, OSHA will issue revisions to its Field Operations Manual by August 1. To address the impact of these penalty increases Dave Pateuk / Owner on smaller businesses, OSHA will continue to provide penalty reductions based on the size of the Email: dave@northeastshoring.com Adjustments Penalties employer andto other factors.

To provide guidance to field staff on the implementation of the new penalties, OSHA will issue Website: www.northeastshoring.com State Plan States revisions to its Field Operations Manual by August 1. To address the impact of these penalty increases that operate their own Occupational Health Plans are based required maximum onStates smaller businesses, OSHA will continue to Safety provideand penalty reductions on to theadopt size of the penalty and levels thatfactors. are at least as effective as Federal OSHA’s. employer other

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AUGUST, 2016

Joslin Diabetes Center has been invited to be a part of the McCourt Foundation’s 2016 Tour De South Shore!

The McCourt Foundation is committed to raising awareness and providing funding for research for neurological disease. This year, they are offering a unique program to partner with other health related nonprofit organizations to help them achieve their goals to give back to patients and their families.

Bike or Walk to make a difference!

Enjoy the 25 or 50-­‐Mile Bike or a 5K Walk while fundraising for Joslin Diabetes Center.

90% of your fundraising will be donated to Joslin!

Location: Wompatuck State Park, Hingham, MA Date: Saturday, October 1, 2016

7:30am 50 Mile Bike 8:30am 25 Mile Bike 9:00am 5K Walk

The event will start and finish in Wompatuck Start Park. The bike route will travel through the towns of Hingham, Cohasset, Scituate, and Norwell, while the walk route will be through the beautiful walking paths in the park.

Join team “Wheelie Cool” to benefit Joslin Diabetes Center, create your own team or participate as an individual.

For more information contact Martha.Ho@Joslin.harvard.edu or RyMcCourt@mccourtconstruction.com or go to Crowdrise.com/TourDeSouthShore2016

The McCourt Foundation is a 501c3 Nonprofit Charitable Foundation. All donations are tax deductible to State and Federal laws

AUGUST, 2016

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AUGUST, 2016

IN THIS ISSUE • • • • •

John E. Merchant, CPA

Cullen, Murphy & Co., P.C.

The True Cost of Higher Education Make the Most of College Financial Aid Campus Tax Credits Can Top Tax Deductions The Second Best Investment You Can Make Smart Tax, Business & Planning Ideas from you Using IRA Money to Buy a Business Can Be Dangerous

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The True Cost of Higher Educatio The True Cost of Higher Education

he College Board reports that fulltime students at private institutions typically paid almost $44,000 for tuition, fees, room and board during the 2015-2016 academic year. That’s the average, so costs at some private colleges and universities were well over $50,000 per year. Higher education at public schools was much less expensive, but instate students still spent nearly $20,000 for tuition, fees, room and board, on average. All college costs continue to rise, so younger students probably will pay even more when they arrive on campus.

Now for the good news. The above numbers are all published costs, sometimes known as the “sticker price.” The College Board also provides net prices, which may be more indicative of actual outlays by parents and students. The average net cost for public institutions falls from nearly $20,000 to just over $14,000; among private schools, the average net price drops from almost $44,000 to $26,400.

Discounts and Taxes What accounts for the huge differences between published and net prices? The College Board esti-

of actual o parents an The averag public inst from nearl to just ove among pri the averag drops from $44,000 to

Discoun taxes

What acco mates grant aid and education tax benefits in deter- the huge d The College reportsGrant that full-time between published and net mining theBoard net price. aid is mainly discounts students at private institutions typically College from a college’s published price; education tax Board ben- estimates gr paid $44,000 for tuition, education tax benefits in de efitsalmost are the amounts a familyfees, saves from tax credits room and board during the 2015-2016 the net price. Grant aid is m and deductions. academic year. That’ s theBurns average, so costsa private discounts from a college’s p Example: Alan attends college atwhere some private colleges and universities price; education the published tuition is $30,000. His room and tax benefit were well overcosts $50,000 per year.soHigher amounts a family saves from board plan $10,000, the total cost is listed education at public wasfinancial much lessaid and at $40,000.

Alan schools receives that deductions. reduces expensive, students spent also get Example: his tuitionbut billin-state to $22,500.

Hisstill parents $2,500Alan Burns att nearly $20,000 for tuition, fees, tax room college where the pu of higher education-related savings. private Considering and average. All tuitioninisfam$30,000. His room theboard, $7,500onreduction in college tuition costs and the $2,500 continue to rise, sothis younger students puts theboard plan costs ily tax savings, methodology net price of $10,000, so probably will pay even more when theynot $40,000. cost is listed at $40,000. Ala Alan’s year of college at $30,000, arriveThe on campus. financial that reduces hi College Board numbers for net pricesaid are Now for the goodstudents news. Thewill above $22,500.aid His parents also estimates.

Some get more to financial numbers are allsome published costs,will save more of in higher education-related than others; families tax from sometimes known asbenefits. the “sticker price.”

Considering the $7,500 red education-related The College Board also provides net continued tuition and 61 the $2,500 in fa on page prices, which may be more indicative savings, this methodology p

con

AUGUST, 2016

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AUGUST, 2016

Vellano SHORING & SAFETY

Financial Management continued from page 59 Calculate Carefully Many colleges offer net price calculators on their websites. Working through several of them can be a practical way to compare actual costs at different institutions. However, the numbers you’ll receive are based on estimates of financial aid. These net prices don’t take possible tax savings into account.

In addition, check to see if a school’s net price calculator counts loans as financial aid. Yes, loans will reduce the current cost of higher education but they’ll probably have to be repaid, with interest. continued on page 63

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Financial Management continued from page 61

A

Make the Most of College Financial Aid

s the previous article notes, the net price of higher education will depend on the amount of financial aid that’s received. The greater the financial aid, the lower the net cost of college.

In order to obtain financial aid, a key step is filling out the Free Application for Federal Student Aid (FAFSA). This is a complex form with many questions; its aim is to get a picture of a student’s family income and assets. Some of the questions request tax return information.

After filling out the FAFSA, your answers go through a formula that determines your expected family contribution (EFC). The lower your EFC, the greater the amount of financial aid a student might be awarded. This number may change every year, so if

aid is requested each academic year, a FAFSA must be completed annually.

Potential financial aid awards are determined by comparing an applicant’s EFC with a given school’s listed cost.

Example 1: Carla Davis, a high school senior, fills out the FAFSA. Her EFC, based on family income and assets, is placed at $27,000 for the next academic year. Suppose Carla is accepted at a college where the published cost for the coming academic year is $44,000. Carla could be awarded as much as $17,000 in need-based aid: the $44,000 published cost minus her family’s EFC of $27,000.

Note that this process would not result in any need-based aid for Carla at a college where the published cost is $25,000. Carla and her parents would be expected to pay the full price.

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Thus,and EdSons Franklin Tel:781-878-8098 Fax:781-878-5298 Water Works Specialist submit hisFax:781-878-5298 FAFSA no earlier than Tel:781-878-8098 Tel: 781-878-8098 Fax: 781-878-5298 January 2016 for the 2016-17 aca“Our Products the Most Trusted NamesNames in theinIndustry” demic year.

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Financial Management continued from page 63 Franklins’ 2015 tax return had been filed.

If Ed wants to get an early start again, he can file his FAFSA for the 2017-18 year in October 2016.

Under the new rules, Ed will use the 2015 tax return (now the “prior-prior year”) information for the 2017-18 FAFSA. He won’t have to estimate income numbers, assuming his parents’ and his own 2015 tax returns already have been filed.

Going forward, the October submission date and the prior-prior year tax returns will be used on the FAFSA. A student applying for aid in the 202122 academic year, for example, will use the numbers from 2019 tax returns on an October 2020 filing of that FAFSA.

Planning Pointers As mentioned, reducing your child’s EFC may result in increased financial aid. In determining an EFC, income typically is the most important factor. (Assets count, too, but generally to a lesser extent.) Therefore, holding down income can be helpful. Under the new rules, timing strategies have been changed.

Example 3: Greg and Heidi Irwin have a daughter Jodi, age 15. The Irwins expect Jodi to go to college, starting with the 2019-2020 school year. They hope that Jodi will receive some need-based aid.

Even so, the Irwins believe they’ll have to dip into savings to pay college bills, and the money might come from selling stocks they feel have become overvalued. Selling those stocks at a gain in 2017 could increase the income they’ll report on the FAFSA for 2019-2020, so the Irwins could decide to take gains this year. If those gains are realized in 2016, the income will never show up on the FAFSA. On the flip side, suppose the last FAFSA filed for Jodi will cover the 2022-2023 school year. Then the last relevant tax return will be for 2020. If the Irwins plan a bump in income, perhaps from selling a vacation home at a profit or converting a traditional IRA to a Roth IRA, they might decide to wait until 2021 or later, when the income won’t affect Jodi’s financial aid.

Be aware that the new schedule poses a peril: income might decline in the interim. In example 3, Jodi Irwin files a FAFSA for the 2019-20 year, using tax return data from 2017. However, Jodi’s family might have much lower income in 2018 or 2019, perhaps because of a job loss, so the FAFSA understates her financial need. In this case, the Irwins can request a professional judgment review by a college’s admissions office, which could verify the increase in need.

Trusted Advice Aid Without Need • Many colleges award what’s known as merit aid: grants or scholarships not based on financial need.

• The “merit” might be academic success in high school. It also might result from accomplishments in sports, music, community service, and so on.

• Colleges may restrict merit aid to students who fill out the FAFSA. Thus, youngsters from well-to-do families might gain by filling out the form, even if need-based aid isn’t expected.

• Information sources can include the college guidance counselor at your child’s high school as well as online sites that list scholarships awarded by companies or other organizations.

• Considering the rising cost of higher education, it can be well worthwhile to encourage youngsters to participate in precollege activities and to actively seek meritbased money.

continued on page 67

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youngsters to participate in precollege activities and to actively seek merit-based money.

ar. If those gains are realized in by a college’s admissions office, 16, the income will never show up which could verify the increase the FAFSA.Financial Managementincontinued need. gfrom page 65

Campus TaxTop Credits Can Top Tax Campus Tax Credits Can Deductions ax Deductions esides financial aid, specific tax

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benefits can reduce the net cost of sides financial aid, sending specific tax a childofto collegians.

The AOTC college.

Among nefits can reduce the net cost of can produce the biggest the three major tax breaks—Americantax nding a childOpportunity to college. Among saving: as much as $2,500 Taxthe Credit, Lifetime Learning ree major taxCredit, breaks—American per student per year.

In tuition and fees deduction—you pportunity Tax Credit, Lifetime addition, the return.

AOTC has the can claim only one on your tax arning Credit, tuition and fees most generous income limits.

Opportunity duction—you can claim American only one The maximum tax credit Tax Credit (AOTC) your tax return. is available with modified This credit, which recently was extended through adjusted gross income 2017, typically will be the best choice for parents merican Opportunity Tax (MAGI) up to $80,000 of for $90,000. For married couples filing joint tax returns, the comparable income limits are $160,000 collegians.

The AOTC can produce the biggest tax redit (AOTC) single filers, partial credits withand $180,000. $160,000 and $180,000. Typically, Typically, MAGI for this credit is the saving: as much as $2,500 per student per year. In his credit, which recently was MAGI up to $90,000. For married MAGI this credit thebottom same as same as your AGI,for reported on is the of page addition, the AOTC has the most generous income tended through 2017, typically couples filing joint tax returns, your AGI, reported on the bottom of 1 of your return. limits. ll be the best choice for parentstax credit the is comparable income limits are To get page 1 of your return. the full $2,500 in tax savings, your spendThe maximum available with modified adjusted gross income (MAGI) up to $80,000 for single filers, partial credits with MAGI up to

ing must be at least $4,000 of qualified continuedexpenses on page 4 for continued on page 69 3

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Financial Management continued from page 67 each college student. Qualified expenses include tuition and required fees but not room and board, transportation, insurance, or medical expenses. Unlike other education tax breaks, the costs of courserelated books, supplies, and equipment that are not necessarily paid to the school can be qualified expenses.

You can take the AOTC for each of the first four years of a student’s higher education but not for subsequent years. Each year that you claim the AOTC, you must claim the student as a dependent on your tax return. (You also can claim the AOTC for yourself and your spouse, if the other conditions are met.)

The AOTC is also refundable: If the AOTC reduces the tax you owe to zero before the full credit is used, 40% of the remaining credit amount (up to $1,000) can be paid to you in cash.

Lifetime Learning Credit For the Lifetime Learning Credit, the income limits are lower than for the AOTC: for single filers, the MAGI phaseout range is $55,000-$65,000; for joint filers, the range is $110,000-$130,000 of MAGI. In addition, the tax savings can’t be more than $2,000 per return, not per student. The Lifetime Learning Credit is set at 20% of the first $10,000 you spend on higher education. Otherwise, the rules for the Lifetime Learning Credit are similar to those for the AOTC.

Learning Credit might work when the rules for the AOTC can’t be met. As mentioned, the AOTC only covers a student’s first four years of higher education. Students for whom the credit is claimed must be enrolled in college at least half-time for one academic period during the tax year. The Lifetime Learning Credit, on the other hand, is available for all years of higher education as well as for courses taken to acquire or improve job skills. You can claim the Lifetime Learning Credit for an unlimited number of years, so it can be useful once you’ve claimed the AOTC for four years.

Tuition and Fees Deduction A tax credit is generally better than a tax deduction, so either the AOTC or the Lifetime Learning Credit usually will save more tax than the tuition and fees deduction. You can deduct up to $4,000 of tuition and required college costs with MAGI up to $65,000 (single) or $130,000 (joint). With larger MAGI, up to $80,000 or $160,000, you can deduct up to $2,000 of those expenses. With even greater MAGI, no deduction is allowed.

Taxpayers with qualifying MAGI usually will be in the 15% or 25% federal tax bracket, so the tax savings may be modest.

Example: Ken and Kathy Long are in the 25% tax bracket. Taking a $4,000 tuition and fees deduction reduces their tax bill by $1,000: 25% times $4,000.

Thus, their tax saving is less than the $2,000 possible from the Lifetime Learning Credit or the $2,500 per student from the AOTC.

If the AOTC is far more appealing, why use the Lifetime Learning Credit? Because the Lifetime

If that’s the case, why would anyone choose this deduction, instead of one of the tax credits?

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Also, this deduction is taken as an adjustment to income, reducing your AGI. (A tax credit reduces your tax obligation, not your AGI.) A lower AGI, in turn, may offer benefits throughout your tax return. continued on page 71

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Financial Management continued from page 69

M

The Second Best Investment You Can Make

any companies offer 401(k) or similar retirement plans to their employees, and an employer match might be available. If that’s the case, you should contribute to the plan at least enough to get the full match.

Example 1: Melissa North earns $80,000 a year. Her company’s 401(k) plan offers a full match for up to 6% of salary. Therefore, Melissa should contribute at least $4,800 (6% of $80,000) to her 401(k) account this year, which will entitle her to a $4,800 company match.

Whether you’re offered a full or partial match, you should contribute at least enough to get all the dollars your company offers. Failing to get the maximum

match means you’re giving up free money: relinquishing part of your compensation package.

Paying Down Debt Getting your employer match is a no-risk way to earn a 100% return (or a lesser return, with a partial match) on your money. If that’s often someone’s best investment move, paying down debt may be next best. When you reduce a loan balance and thus reduce the interest you’re paying, you’re effectively earning the loan interest rate.

Example 2: Owen Palmer has a credit card that charges 12% on unpaid balances. When Owen prepays $1,000 of his balance, he saves $120 (12% of $1,000) in interest that year. That’s a 12% return on his outlay. What’s more, credit card interest typically is not tax deductible. Thus, Owen earns 12%, after tax, by prepaying his loan. continued on page 73

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Financial Management continued from page 71 It’s possible that Owen could receive a higher return by doing something else with his $1,000, but that probably would mean taking substantial risk.

Prepaying debt, conversely, has no investment risk beyond forgoing the chance for a higher return. In today’s low-yield environment, prepaying debt can be appealing.

Evaluating Education Loans Prepaying credit card debt may be attractive for many people, but prepaying student loans can be a tougher call. Interest rates may be lower than on credit card debt, so the benefit of prepaying is not as great. What’s more, up to $2,500 of interest on student loan debt is tax deductible each year.

To get the maximum deduction, your modified adjusted gross income (MAGI) can be no more than $65,000, or $130,000 on a joint return. Partial deductions are allowed with MAGI up to $80,000 or $160,000.

If interest is tax deductible, the benefit of prepaying the loan is reduced.

Example 3: Rita Simmons has outstanding student loans with a 7% interest rate. This year, she expects to fall in the 25% federal tax bracket, so paying

the interest actually saves her 1.75% (25% of 7%) in tax. Thus, Rita’s net interest rate cost for her student loans is 5.25%: the 7% she pays minus the 1.75% she saves in tax.

In her situation, Rita would earn 5.25%, after tax, by prepaying her student loans. That could be a good move, for an outlay without investment risk, but it’s also possible that Rita could earn more by investing elsewhere. Moreover, Rita would have to relinquish liquid assets by prepaying, and replacing those assets in case of an emergency might not be simple.

Money from Home Prepaying a home mortgage may be even less beneficial than prepaying student loans. Assuming a 4% interest rate and a 25% tax rate, the after tax benefit of prepaying would be only 3%. Although virtually all homeowners can deduct mortgage interest, the net payoff is even smaller for taxpayers with tax rates higher than 25%.

The bottom line is that prepaying a loan makes the most financial sense with high interest rates and low tax benefits. State income tax also should be considered. continued on page 74

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n on credit card debt, so the

investment risk, but it’s also possible

informed decisions.

g

Management g IRAFinancial Money to Buy a Business Can Using IRA Money to Buy a Business Dangerous Can Be Dangerous continued from page 73

B

owners may needusiness capital owners (call itmay ABCneed Co.) for sale. to capital and the money their t growth, and thesupport money growth, Through a friend whoinhad IRA can be tempting.

Nevertheless, theand RA can be tempting. executed such a transaction pitfalls can be steep, as illustrated in a reless, the pitfalls can be steep, also from a broker, James heard cent Court case (Thiessen Commisted in a recent TaxTax Court about the use ofv.IRA money to sioner, 146 T.C. No. 7 [3/29/16]).

Here, ssen v. Commissioner, 146 help finance the purchase.the court ruled a married couple 7 [3/29/16]).

Here, the that because Therefore, James and his had entered into prohibited transactions d that because a married wife, Judith, hired tax and legal with respect to their IRAs, the assets in the d entered into prohibited advisers. Proceeding according IRAs were deemed to have been distributed, ns with respect to their plan, the Thiessens created resulting in a hugetotax bill. assets in the IRAs were a new C corporation (call it Describing theCo.); Transaction o have been distributed, DEF James and Judith Therefore, James and his wife, Judith, hired tax and Proceeding When James Thiessen left a long-held job after in a huge tax bill. were DEF’s officers and directors. legal advisers.

As the next step, theaccording Thiessens’to plan, the Thiessens created a new C corporation (call it declining to relocate, he found a metal fabricating They both also established IRA IRAs purchased all the shares of DEF Co.); James and Judith were DEF’s officers business (call it ABC Co.) for sale. Through a friend bing the transaction accounts.

Then they rolled a total DEF, They the new company they hadIRA acand directors. both also established who had executed such a transaction and also from mes Thiessena broker, left a longofuse more thanmoney $430,000 from created; used the money counts. Then they then rolledDEF a total amount of more than James heardamount about the of IRA to help finance the purchase. fter declining to relocate, their employer-sponsored retirement from the IRAs to buycontinued the assetson page 75 a metal fabricating business accounts into the IRAs. of ABC. In addition to the IRA ...IT’S ALWAYS A GOOD IDEA TO PROTECT YOUR BIGGEST ASSET continued on page 6 5

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AUGUST, 2016

Financial Management continued from page 74 $430,000 from their employer-sponsored retirement accounts into the IRAs. As the next step, the Thiessens’ IRAs purchased all the shares of DEF, the new company they had created; then DEF used the money from the IRAs to buy the assets of ABC. In addition to the IRA money, DEF transferred a $200,000 promissory note to ABC’s seller in the purchase. ABC’s assets secured the note, which James and Judith personally guaranteed.

The Seven Year Hitch This all happened in 2003. In 2010, the IRS asserted that the Thiessens’ guarantee of the note was a prohibited transaction, which resulted in a deemed distribution of all of the assets in their IRAs. The couple was taxed on the deemed distribution of the over $430,000 they had rolled over into the IRAs, plus a 10% early withdrawal penalty, because James and Judith were both younger than 591⁄2. Ongoing tax deferral on the funds distributed was lost, and the Thiessens owed over $180,000 in income tax, according to the IRS. The Tax Court ruled in favor of the IRS, upholding the agency’s claim.

Usually, there’s a three-year statute of limitation on the time in which the IRS can assess extra income tax. However, there’s a six-year window for the IRS in cases where the taxpayer substantially understates income. That was the case here because the Thiessens had not included the deemed distributions from their IRAs in income on their 2003 return. The IRS’ 2010 filing came within six years of the date in 2004 when the Thiessens filed their 2003 tax return.

Debt was the Downfall The Tax Court agreed with the IRS that the Thiessen’s plan failed because they had personally guaranteed the promissory note that DEF transferred in the purchase of ABC’s assets. The Tax Court found that the Thiessens’ “guaranties of the loan were prohibited transactions and [the Thiessens’] IRAs ceased to qualify as IRAs on account of the guaranties.” As a result, all the funds in the IRAs were deemed distributed in a taxable transaction in the year the Thiessens guaranteed the promissory note.

This transaction proved to be very costly for the Thiessens. Other pitfalls can arise when IRA money is used to acquire a small business.

Reprinted from CPA Client Bulletin. n

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