Construction Outlook June 2016

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

JUNE, 2016

UCANE’S 42nd Annual Scholarship Awards Night

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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

JUNE, 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.

TONY BORRELLI

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

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.

PHIL JASSET

3 President’s Message:

Critical Water Infrastructure Funding Debates Continue

5 Legislative Update:

• Massachusetts Senate Passes FY17 Budget; Conference Committee Appointed to Resolve Differences • Governor’s Primacy Legislation Receives Public Hearing • Baker-Polito Administration Releases $2.19 Billion FY17 Capital Budget Plan • Addressing Water Infrastructure Needs: Watertown to Raise Water and Sewer Rates • Governor Signs Public Records Law Reform • Citing Uncertainty Surrounding Benchmark Tax Collections, Baker-Polito Administration Limits Use of Consultants and Extraneous Equipment Purchases • Dykema and Eldridge Promote New Water Station within State House

17 Labor Issues:

USDOL Substantially Increases Minimum Salary Requirement for White Collar Overtime Exemption

21 UCANE Members Travel to Washington to Meet with Legislators and Clean Water Construction Coalition Members 25 Boston Water and Sewer Commission Honored During National Water Week 26 UCANE’s 42nd Annual Scholarship Awards Night 43 Spotlight on Cape Cod: Hyannis Residents Warned About Water Quality

45 OSHA Promulgates New Silica Regulation 49 Technology in Construction: Ransomware: What You Need to Know

53 Andover is Missing One-Quarter of Its Water: Leaks in Old Pipes are Likely Source, Officials Say 59 UCANE’s 37th Annual Golf Classic 61 UCANE’s Safety Corner: Jackhammer Safety: Practice Caution to Minimize Your Risks

63 UCANE’s Updated Employee Safety Manuals Now Available 65 Financial Management: • Should You Pay Summer Interns?

• Planning for Today’s Pensions • Putting Your Money Into Timeshares

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 Abington, MA. POSTMASTER, please send form #3579 to Construction Outlook, Crown Colony Office Park, 300 Congress Street, Suite 101, Quincy, MA 02169.

Honorary Board Member

ANNE KLAYMAN

Executive Director

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Critical Water Infrastructure Funding Debates Continue Like the tip of an iceberg, the funding for current water and sewer infrastructure projects, on both state and federal levels, is just a small percentage of the total funding required to address the estimated backlog of water and sewer projects, which is in the hundreds of billions of dollars. Some may think it okay to “bury their heads in the sand” and pretend everything will work out, but they are just fooling themselves.

Unless we recognize there is a crisis, then we as a nation are headed for disaster.

F

or many years now, I’ve heard politicians say emphatically that funding for necessary infrastructure projects – water, sewer, road, and bridge – would jumpstart our economy and actually produce something of value to our state and country. And, for many years now, it’s just been a lot of talk.

It’s time to get serious about the degradation of our country’s infrastructure, because by just about everyone’s description, the USA’s infrastructure is falling behind those found in many other countries.

Have we all forgotten what the massive highway construction projects of the 1950s did to improve our country and help make the United States the economic powerhouse of the world? Have we forgotten what the Clean Water Act did to improve our citizens’ health, raise their standard of living, and provide good paying jobs? Well, I for one have not forgotten that time in our nation’s history when big projects could get done.

It took compromise and some arm-twisting, but it got done and, every citizen of our country benefitted.

While UCANE members are certainly busy this construction season, we also know from this year’s MassDEP Intended Use Plan (IUP) that there should be a large number of new projects that will be going out to bid later this year. But, as I said, this is just the tip of the water and sewer funding “iceberg.” There are warning signs everywhere we look that our water and sewer infrastructure, funded at the current levels, is deteriorating at a faster rate than the current rate of replacement.

The Flint Michigan crisis is a warning of the problems ahead and has raised awareness and continues to keep

JUNE, 2016

water quality issues in the news. This is also the time of year when the federal, state, and local governments debate their budgets and priorities for the coming year. So, while we are all busy at the present time, we need to keep an eye towards the future; and right now the future of infrastructure funding to address the backlog is disheartening.

At the federal level, in spite of the Flint crisis, water infrastructure is still being underfunded from the level required. The President’s proposed budget for next year cuts the State Revolving Loan Fund Program (SRF) by over $250 million. The EPA recently issued a report recommending changing the method of calculating the Clean Water SRF funding for Massachusetts by cutting it 25 percent or more. The federal government needs to make funding a higher priority. In 1977, the amount of federal spending on water infrastructure per person was $76.27. In 2014, the amount was $13.68 per person. Members of UCANE, as part of the Clean Water Construction Coalition, recently traveled to Washington, D.C. to meet with our Senators and Representatives to discuss funding along with other matters. (See article page 21) The consensus was, there is bipartisan agreement that the President’s infrastructure budget is inadequate. However, right now increased funding is not being debated and level funding would be considered a victory.

UCANE will continue to hold our elected officials’ “feet to the fire” and make them aware of the health and economic benefits of investing in water infrastructure, and the cost to the taxpayers by neglecting it. n

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Massachusetts Senate Passes FY17 Budget; Conference Committee Appointed to Resolve Differences

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he Senate Committee on Ways and Means passed its version of the FY17 budget at the end of May. After considering 1,167 amendments, Chairwoman Karen Spilka and Senate President Stan Rosenberg included various policy initiatives and approximately $39.558 billion in overall spending. The original Senate Ways and Means Committee’s proposal amounted to a total of $39.497 billion in spending, an increase of 2.9 percent over fiscal year 2016 funding. The spending recommendation, based on the Consensus Revenue forecast of $26.86 billion in total tax revenue for fiscal year 2017, represents a 4.3 percent growth over fiscal year 2016 tax revenue. According to filed budget documents, the Committee’s budget relies on $16.82 billion in federal reimbursements, departmental revenues and operating transfers. In addition, this budget directs $211 million to the Rainy Day Fund to build the state’s financial safety net to a total of $1.47 billion.

The following budget items were of particular interest to UCANE members: • Rate Relief. Although the Governor and the House of Representatives filed budgets with an appropriation of $1.1 million; the Senate did not fund the rate relief line-item. Last year, the final appropriation settled at $1.1 million (Line-item 1231-1000).

• Clean Water Trust Contract Assistance. The Senate matched the House and Governor’s recommendation of $63.709 million for line-item 1599-0093. Last year, the final appropriation was level funded at the same amount.

• DEP Administration. The Senate provided greater funding than the House for line-item

JUNE, 2016

2200-0100 by providing approximately $450,000 in additional funds for a total of $25,627,967.

• Municipal Safe Drinking Water. In its budget the House created a new line-item providing $535,000 to help municipalities provide safe drinking water to their residents. The Senate budget does not provide funding for this new effort.

• Climate Change and State Climatologist. The Senate provides more money than the House for efforts to prepare for climate change. The Senate budget includes $250,000 for climate change adaptation and preparedness, which is $100,000 above the House and $50,000 less than the current budget. The Senate also provides $150,000 for a state climatologist, which is not funded in the House.

Among the various policy initiatives included in the Senate FY17 budget are a ban on the retail use of single use plastic bags, increased practice rights for dental hygienists, increased access for veterans to medical marijuana, and UMass security reviews.

For the results of the Senate budget deliberations, please visit: https://malegislature.gov/Budget/fiscal year2017/Senate/ChamberActions.

A conference committee of three House members (HWM Chairman Brian Dempsey, HWM Vice Chairman Stephen Kulik, and Ranking Minority Member Todd Smola) and three Senate members (SWM Chairwoman Karen Spilka, SWM Vice Chairman Sal DiDomenico, and Ranking Minority Member Viriato deMacedo) will now meet to develop a consensus budget proposal for the Governor’s review. The Commonwealth’s fiscal year begins on July 1 of each year. continued on page 7

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Legislative Update continued from page 5

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Governor’s Primacy Legislation Receives Public Hearing

he Joint Committee on the Environment, Natural Resources and Agriculture held a public hearing on the Baker-Polito Administration's proposal (House Bill 4254) for the state to take over the responsibility to administer the U.S. Environmental Protection Agency's (EPA’s) National Pollutant Discharge Elimination System (NPDES).

Testifying in support of the legislation, Secretary of the Executive Office of Energy and Environmental Affairs Matthew Beaton and Department of Environmental Protection Commissioner Martin Suuberg argued that the legislation will lead to a smoother local permitting process and reduced bureaucracy.

The governor's proposal, which is supported by the Massachusetts Municipal Association, is one step of the federal approval process for demonstrating that a state has the necessary laws and regulatory tools to conduct oversight as well as, or better than, the EPA. States have the option to apply to administer the NPDES program, which regulates public and private discharges, with federal oversight at the state level.

The Commonwealth is one of last states to request this authority from the federal government.

One prominent voice of opposition at the hearing was the former Co-Chairman of the Water Infrastructure Financing Commission, Senator Jamie Eldridge, who expressed concerns about the DEP’s funding and the staffing necessary to assume the greater authority. In comments before the Committee, Senator Eldridge reiterated concerns from environmental organizations that the additional task of administrating the NPDES will prevent the DEP from meeting its core programs, which the agency currently administers. Both Commissioner Suuberg and Secretary Beaton have asserted that the Administration is committed to funding the initiative to meet this challenge.

At the time of this writing, the Committee had not taken any action on the legislation. Given its controversial subject matter, it will need to be considered before the end of formal sessions on July 31 of this year. continued on page 9

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Legislative Update continued from page 7

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Baker-Polito Administration Releases $2.19 Billion FY17 Capital Budget Plan

he Baker-Polito Administration released its FY17 Capital Plan, including a $2.19 billion bond cap on general obligation Bonds. According to a press release issued by the Governor’s Office, significant resources in FY17 will be invested in affordable and workforce housing, transportation projects, and various grant programs to support municipalities across the state. The plan also attracts substantial federal, local, private, and other sources of funding, maximizing the leverage of the Commonwealth’s capital resources.

The $2.19 billion bond cap represents a 3 percent increase over FY16 and is consistent with the recommendation of the Debt Affordability Committee. The total capital investment for FY17, after accounting for non-bond cap funding sources, will total over $4 billion.

Projects in the FY17 Capital Plan will: • Maintain: 46 percent of projects in FY17 prioritize maintenance by repairing, reconstructing, or reconditioning existing assets to bring condition or performance to a safe and acceptable level.

• Modernize: 26 percent of projects in FY17 renew existing assets to improve functionality, useful life, or enhance service, capacity, or performance while limiting the expansion of the state’s asset footprint.

• Targeted Growth: 28 percent of projects in FY17 address strategic objectives through creation of select new assets, or increase investment in priority areas to create value without expanding our state asset footprint.

Within the three strategic parameters, some of the highlighted commitments include: • $776 million in bond cap for maintaining and modernizing the transportation network; • $57.3 million for general state facilities maintenance, capital renewal, and energy reserves to fund repair projects and system upgrades at hundreds of state-owned facilities; • $47.7 million in EEA community grant programs to support land protection, coastal resiliency, land use planning, and climate change adaptation efforts; • $10.5 million to support the Complete Streets initiative and the new Small Bridges program; • $10 million to the City of Worcester for reconstruction of the Whitla Drive sewer pumping station extension and expansion of the system along Route 20 and, connection of the expansion to the regional wastewater facility;

JUNE, 2016

•

$2.5 million for critical coastal infrastructure and pollution remediation; • $250,000 for the Pioneer Valley Planning Commission for costs associated with removal of combined sewer overflows to the Connecticut River from the communities of Springfield, Chicopee, Holyoke, and Ludlow.

While the capital spending plan does not specifically include water infrastructure as its own category, the plan does include some water infrastructure projects as part of various projects. As identified by the Massachusetts Water Infrastructure Finance Commission, the Commonwealth faces a $20 billion water infrastructure funding gap. The capital plan, which is required to be released by June 30 of the year preceding the plan’s target fiscal year, is designed to provide a roadmap for the Administration’s investment priorities. To review the FY17 Capital Plan, please visit: http://www.mass.gov/bb/cap/ fy2017/rec/hdefault2.htm. continued on page 11

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Legislative Update continued from page 9

Addressing Water Infrastructure Needs: Watertown to Raise Water and Sewer Rates

A

s recently reported by Wicked Local Watertown, the Watertown Town Council considered a proposal on projected water and sewer expenditures for 2017. Under the proposal, water rates, wouldn’t increase, but sewer rates would increase by 2.7 percent.

The projected expenditures for water and sewer would be over $17 million, a slight overall rise from previous years. The figure includes around $7 million for water expenditures, and nearly $10 million for sewer expenditures. Additionally, the water budget for the Town would include funds for infrastructure maintenance and other issues. The proposal requested $500,000 for this need.

Currently, Watertown residents are paying, on average, $3.52 per day. The proposed increase would bring that figure up to $3.58 for the average resident.

The Massachusetts Water Resources Authority (MWRA) provides wholesale water and sewer services to dozens of communities in Eastern and Central Massachusetts. The costs from the MWRA account

for about half of Watertown's total water budget. The proposal to the Watertown Town Council also showed that various studies have shown water use dropping over the past 20 to 30 years, as people have become more aware of the importance of conserving it. Watertown now uses about 60 gallons per person, per day; but as happens, the reduced consumption means that the Town collects less revenue for addressing its water infrastructure needs comprehensively. continued on page 13

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Legislative Update continued from page 11

I

Governor Signs Public Records Law Reform

n the first major overhaul of the public records access laws in 43 years, Governor Baker has signed legislation into law that will significantly update the public records requirements for state agencies and municipalities. In addition to requiring state agencies and cities and towns to designate records officers to field requests, the law requires public agencies to provide requested public records within 10 business days. The new law further caps the length of appeals if records are denied and requesters appeal to the Secretary of State.

The new law also encourages public agencies to make electronic public records more readily available to requesters when records are already in electronic formats, and limits the costs public entities may charge for making copies or for employee time spent assembling records. The bill also permits the courts to award reasonable attorney fees and costs when a records requester obtains relief.

Among the various provisions of the legislation, the following represent some of the more significant changes of the new law: • Requires the records access officer to furnish the record requested not later than 10 business days.

• If an agency or municipality is unable to furnish the record within 10 business days, the records access officer must send a written response identifying the records, providing specific reasons for withholding, or identifying a reasonable timeframe in which the agency or municipality will produce the record.

• The timeframe provided by the records access officer shall not exceed: • 15 business days following the initial request to any agency • 25 business days following the initial request to a municipality • Limits standard black and white copies to 5 cents per page.

• Agencies may not charge for the first 4 hours of employee time to search for, compile, segregate, redact, or reproduce a record; while a municipality may not charge for the first 2 hours of employee time to search for, compiled, segregate, redact, or reproduce a record, unless the JUNE, 2016

municipality has a population of 20,000 people or less.

•

If the court finds fees and costs not warranted, the judge shall issue written findings as such. If the court awards attorney fees, it shall also order the waiver of any fee charged by the agency or municipality.

•

Permits the award of punitive damages, when the court finds an agency or municipality did not act in good faith, in an amount not less than $1,000 and not more than $5,000 to be deposited in the Public Records Assistance Fund.

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Legislative Update continued from page 13

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Citing Uncertainty Surrounding Benchmark Tax Collections, Baker-Polito Administration Limits Use of Consultants and Extraneous Equipment Purchases

n mid-May the Baker-Polito Administration ordered the immediate suspension of all state spending on "non-essential" goods and services in an array of categories, including outside consultants, leases, and office equipment and computers. The directive is part of an effort to balance this year's $38.4 billion state budget in the face of underperforming tax revenues with only two months remaining in the fiscal year.

Tax collections in April, historically the biggest month of the year for receipts, declined by 3 percent from last year, collections that are running well below benchmarks. While tax revenue may rebound in the last part of the fiscal year, the current budget relied on an estimated tax revenues growth of 4.8 percent, not 1.8 percent.

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Dykema and Eldridge Promote New Water Station within State House

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ccording to a report in the State House News Service, Senator Jaime Eldridge and Representative Carolyn Dykema were instrumental in the opening of a public water station within the Massachusetts State House. Installed near the Ashburton Park entrance to the State House, the water station requires users to supply their own water bottle or cup. The MWRA tested the water infrastructure inside the 218-year-old State House to make sure the water meets standards laid out by the Department of Environmental Protection and the Environmental Protection Agency. Public drinking fountains were removed from the State House during renovations to the State House in 1987. n

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USDOL Substantially Increases Minimum Salary Requirement for White Collar Overtime Exemption On May 18, 2016, the United States Department of Labor (“USDOL”) published its final “White Collar” salaried employee overtime exemption regulation (“Rule”). This Rule raises the white collar weekly salary requirement for executive, administrative, and professional employees from $455.00 per week ($23,600.00 per year) to $913.00 per week ($47,746.00 per year). In addition, the USDOL raised the minimum annual salary requirements for persons labeled highly compensated exempt from $100,000.00 to $134,004.00. To reach that threshold, the USDOL will allow an employer, subject to additional requirements, to count either bonuses or commissions up to ten (10%) percent of an employee’s annual salary requirement.

These weekly and annual salary minimums will be automatically increased every three (3) years based upon a new regulatory formula. The rule becomes effective December 1, 2016.

A

mong others, the Fair Labor Standards Act (“FLSA”) provides an exemption from overtime pay for persons employed in a bona fide executive, administrative, or professional capacity provided they meet, in addition to the minimum weekly salary requirement, a job duties test(s). (White Collar exemptions also apply to employees employed as outside sales persons, in defined computer related occupations, and in the aforementioned highly compensated employee classification.)

In addition to the $913.00 per week salary requirement, to qualify for the executive employee exemption, all of the following tests must be met: • The employee’s primary duty must be managing the enterprise, or managing a customarily recognized department or subdivision of the enterprise; • The employee must customarily and regularly direct the work of at least two or more other fulltime employees or their equivalent; and • The employee must have the authority to hire or fire other employees, or the employee’s suggestions and recommendations as to the hiring,

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firing, advancement, promotion, or any other change of status of other employees must be given particular weight.

To qualify for the administrative employee exemption, the following tests must be met: • The employee’s primary duty must be the performance of office or non-manual work directly related to the management or general business operations of the employer or the employer’s customers; and • The employee’s primary duty includes the exercise of discretion and independent judgment with respect to matters of significance.

To qualify for the professional employee exemption, these tests must be met: • The employee’s primary duty must be the performance of work requiring advanced knowledge, defined as work which is predominantly intellectual in character and which includes work requiring the consistent exercise of discretion and judgment; continued on page 19

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Labor Issues continued from page 17 •

The advanced knowledge must be in a field of science or learning; and • The advanced knowledge must be customarily acquired by a prolonged course of specialized intellectual instruction.

Each definition is strictly construed against the employer. If the employee is paid the applicable minimum salary but does not meet the definition, the employee is not overtime exempt and must be paid overtime. The weekly salary requirement must be maintained week to week. Deductions from salary are only allowed in specific circumstances set by the Rule. If deductions are made improperly, the exemption cannot only be lost for a specific employee, but an entire class of similarly classified employees.

Although the Rule is not effective until December 2016, contractors should identify who they classify as overtime exempt and review whether each of these employees’ job duties meet a USDOL White Collar exemption definitions. If not, the employee’s job duties should either be expanded to meet the definition, or the contractor should pay them overtime. If these employees need to have an upward salary adjustment, the contractor should

determine if it is more economically advantageous to increase the salary or pay overtime. Likewise, if there are employees the contractor is contemplating classifying as “salary exempt”, the contractor should determine if it is better to pay the minimum salary or overtime.

The failure to properly pay employees may result in an administrative investigation or private lawsuit. Damages are the improperly withheld overtime and potentially, under Massachusetts law, treble damages and attorneys’ fees.

Sometimes these cases are filed and prosecuted as class actions. Failure to properly pay employees has serious consequences beyond mere monetary damages, potential loss of prequalification or debarment. Application of wage and hour laws are sometimes more complicated than presumed. It is suggested, with the aid of a Human Resources professional or attorney, to perform a selfaudit. Be compliant. n

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UCANE Members Travel to Washington to Meet with Legislators and Clean Water Construction Coalition Members

UCANE participated in the Clean Water Construction Coalition (CWCC) Fly-In on May 9, in Washington, D.C., to discuss local and national water infrastructure issues with members of the Massachusetts Congressional delegation as well as fellow CWCC members from across the country. Vin Barletta, President of Barletta Heavy Division, Mike Lenihan, former President of J. D’Amico, Inc. and current UCANE Consultant, and Jeff Mahoney, UCANE Assistant Executive Director represented UCANE. Some of the issues advocated by UCANE and discussed with members of the delegation included: FY17 Clean Water and Safe Drinking Water SRF Funding: Included in the President’s FY17 Budget Request for the Clean Water SRF is $979,500,000, a $414,387,000 reduction from the FY16 level of $1,393,887,000; and $1,020,500,000 for the Safe Drinking Water SRF, which is a $157,267,000 increase from the FY16 level of $863,233,000. UCANE and the CWCC are advocating that each program be funded at $2 billion.

The Water Resources Reform and Development Reauthorization (WRRDA): The Senate Environment and Public Works Committee favorably reported S2848, its version of the WRRDA reauthorization. Among other things, the legislation would: • Establish, for the first time, a Clean Water Trust Fund. The Fund would be initially funded by contributions from a voluntary labeling system which is modeled after a bill introduced by Congressman Earl Blumenauer (D-OR-3). The CWCC has been very involved in this legislation, which would allow businesses to choose to place a label on their products indicating their commitment to protecting

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•

• • •

•

America’s clean water and contributing a certain amount, to be determined by the EPA, to the Water Infrastructure Trust Fund for each unit bearing the label. The Trust Fund revenue would then be distributed to the states as grants and loans through the Clean Water and Drinking Water SRF’s to help public water systems finance wastewater and drinking water infrastructure projects; ​Require EPA to conduct a study on the potential role of low-income assistance programs to support full cost pricing for water and sewer rates; Require EPA to update its 1997 affordability guidance; Codify Integrated Planning into the Clean Water Act (CWA); Codify the use of compliance schedules, when used in conjunction with an integrated plan to achieve water quality standards into the CWA; Authorize $1.8 billion for the CWA’s sewer overflow control grant program to address CSO, SSO, and storm water discharges. This is the first time Congress has ever authorized funds for this program. continued on page 23

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CWCC Fly-In continued from page 21 The CWCC was formed in 2006 by several large construction associations that came together to promote federal legislation that improves water and wastewater infrastructure nationally. The Coalition includes 30 associations from across the country representing more than 11,000 firms. The states represented in it account for approximately 75 percent of the total annual funding for the Wastewater and Drinking Water SRF programs nationally. n

UCANE representatives Mike Lenihan, Vin Barletta, and Jeff Mahoney met with members of the Massachusetts Congressional delegation including Congressmen Bill Keating (top), Stephen Lynch (center), and Mike Capuano (bottom) at the CWCC Fly-In.

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Boston Water and Sewer Commission Honored During National Water Week On Wednesday, May 11, 2016, in recognition of the Boston Water and Sewer Commission's (BWSC) long-term quality and reliability of water and sewer services in the City of Boston, the Commission received two awards from the Massachusetts Department of Environmental Protection (MassDEP) in celebration of National Drinking Water Week.

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he BWSC was awarded the Regional Recogto $2,000 to property owners who utilize a BWSC nition Award for outstanding performance and contractor to replace lead pipes on their property. achievements in 2015 for being a model pubAnother incentive includes an interest free loan for lic water agency that puts forth exemplary efforts in up to 48 months for eligible property owners. every area of water treatment and distribution, in"This award is a reflection of the unwavering cluding the Lead Service Replacement Program. leadership, direction and support that the ComThe BWSC also received the Citation for Conmission receives from Boston Mayor Martin J. sistent Performance for continued excellence in Walsh and of the tireless work performed by the delivering safe drinking water in 2015, a first-time employees of the Commission, enabling us to proaward from MassDEP. vide quality services to over 1.2 million people every day," said Henry F. Vitale, Executive Director "The Boston Water and Sewer Commission of the BWSC. To learn more, please visit www. has the important task of ensuring long-term quality of our water and sewer services, and they conbwsc.org n tinue to perform this task with excellence," said Mayor Martin J. Walsh. "With their recent expansion of services to promote the Water Works Specialist health and safety of our water John Hoadl Water Works Specialist services, the Commission conTel:781-878-8098 Fax:781-878-5298 Water Works Spe tinues to provide the very best Tel:781-878-8098 Tel: 781-878-8098 Fax: 781-878-5298 services for our residents and I the Most Trusted NamesNames in theinIndustry” look forward to continuing“Our our ef-Products “OurIndustry” Products Are the Most Trusted N “OurAre Products Are the Most Trusted the � U.S. Pipe ● Cultec forts towards creating a safer � and U.S. Pipe ● Cultec Chambers � Mueller Fire Hydrants ● Nation • U.S. Pipe • Cultec Chambers healthier city."

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“When the challenges come, I hope you remember that anchored deep within you is the ability to learn and grow. You are not born with a fixed amount of resilience. Like a muscle, you can build it up, draw on it when you need it. In that process you will figure out who you really are—and you just might become the very best version of yourself.” ~ Sheryl Sandberg, UC Berkeley

U

CANE’s Annual Scholarship Awards Night is a special time when our faith in our youth is reinvigorated. All 45 scholarship applicants should be congratulated for their efforts. Each of them was special, but the 12 scholarship finalists were exceptional and inspirational in so many ways. These young adults are poised to make a tremendous contribution to our nation and we take pride in knowing that we were able to give them the recognition they deserve.

On May 18, the Sheraton Four Points Hotel in Norwood was once again the location for UCANE’s 42nd Annual Scholarship Awards Night where we recognized the outstanding achievements of 12 remarkable high school seniors. These students come from various backgrounds and have different interests and activities, yet they all share common traits: academic excellence, community service, family participation, and a spirit of volunteerism.

The evening began with Executive Director Anne Klayman recognizing the commitment of UCANE members to our scholarship program. “It is only through our members’ generosity that UCANE has been able to sustain this program throughout the years.”

Anne then acknowledged UCANE member Todd McDonald and Broadstone Advisors, LLC for sponsoring our keynote speaker. She went on to say, “Each year, our friend, former New England Patriots

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Joe Andruzzi recommends a sports celebrity to address our recipients who has a life story that exemplifies the strength of character needed to overcome whatever may come their way and provide an inspirational message to our scholarship winners.” Anne continued, “When I contacted Joe to recommend a speaker for tonight’s event, he said he knew exactly who would be perfect. Nate Solder is a Patriots player who is liked and respected by all his teammates and who has proven himself as a real team player.”

Anne then began her introduction by saying, “Born and raised in Colorado, Nate attended Buena Vista High School where he was a standout tight end and middle linebacker while also lettering in basketball and baseball. In the classroom, he was a National Honor Society member with a 3.93 GPA. His stellar high school career led to several offers, including an offer to play basketball at Dartmouth. He ultimately chose to accept a full scholarship to the University of Colorado where he spent his freshman year playing football as a tight end, and later deciding to change positions and play tackle.

As a senior team captain, he was named a first team All-American and was a finalist for the Outland Trophy, presented to the best college offensive lineman. Nate also earned first team academic Big 12 Conference honors his red shirt freshman, sopho-

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Thanks again to Todd McDonald and Broadstone Advisors, LLC for sponsoring our guest speaker, New England Patriots Offensive Lineman Nate Solder. more, junior, and senior seasons. He graduated with a degree in Biology and a 3.52 GPA. In his final semester, he even took postgraduate classes towards a second degree in Integrative Physiology.

The Patriots drafted Nate in the first round, 17th overall, of the 2011 NFL draft. He immediately became an integral member of an offensive line that allowed Tom Brady to become one of four players in NFL history to eclipse 5,000 passing yards in a single season.

In 2012, Nate was named the Patriots’ starting left tackle. During the Patriots’ 2014-2015 season he started every playoff game at left tackle, including every snap in their super bowl win over the Seattle Seahawks. Prior to the start of last season, he was named a Patriots offensive co-captain. More importantly, he also became the 13th player to receive the Patriots Ron Burton Award for community service. Nate and his wife Lexi are fixtures

JUNE, 2016

in the charitable community, selflessly giving their time and energy to numerous causes.”

Anne jokingly concluded her introduction by saying, “While we all know the important work that UCANE members perform…Nate has the next most important job…that of protecting Tom Brady’s blindside!”

Nate addressed the students directly and encouraged them to continually challenge themselves.

He said that achieving their goals will not be easy, nor should it be. He said that experiencing difficulty is a natural thing and that it will make them better students and better people. Nate then touched upon the illnesses that he and his son have faced in the last year and stressed how important faith and family have been in dealing with this challenge. His final remarks were celebrated with a standing ovation. continued on page 29

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Scholarship Awards Night continued from page 27 Anne then began the formal Scholarship Awards presentation by explaining that our applicants are judged in a number of areas, not just their academics. They include class standing, scholastic honors, SAT and achievement test scores, their extracurricular activities both in and outside of school, community and volunteer service, their career objective, and the maturity and presentation of their essay. Each applicant is reviewed and graded by a committee of educators who are not affiliated with UCANE. Each of the 12 young men and women were then introduced and their impressive resumes were read. Nate was there to greet the winners along with company and family representatives in whose honor each scholarship is named. These impressive students then took to the podium to thank their families and UCANE for their award.

Anne ended the evening by once again congratulating our scholarship recipients and thanking Nate Solder for taking precious time from his family and busy training schedule to attend this event and offer such memorable remarks. She concluded by saying, “This was a special evening that our recipients, and everyone in attendance, will long remember.” n

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Megan J. Bonney Joseph D’Amico Memorial Scholarship

M

egan is the daughter of Eileen and Chris Bonney. Chris works for The Scituate Companies of Marshfield, MA. Megan attended Marshfield High School where she was ranked 22 out of a class of 310 students. She was a member of the National Honor Society throughout high school. Her extracurricular activities at school included serving as president and vice president of the Drama Club, she was part of the Wind Ensemble, the Marching Band, and a member of SADD. Outside of school, Megan was very involved in her church by participating in plays, baking bread to give to the community, as a bible camp volunteer, and she helped with the CCD program.

Megan’s guidance counselor wrote, “Megan is an excellent student who currently holds a 4.21 GPA and she has really challenged herself in the classes she has taken. She has prepared herself well for the challenges of college life, and this young lady possesses both the drive and the talent to achieve whatever she puts her mind to. As exceptional as a student she is, I have found Megan to be even more exceptional of a human being.”

Megan will attend Stonehill College where she will major in History and minor in Education. Her career objective is to teach and prepare students for college.

Nick Biello and Jim D’Amico of J. D’Amico, Inc. presented the Joe D’Amico Memorial Scholarship to Megan.

Bailey M. Clapp

B

William Zoppo Memorial Scholarship

ailey is the daughter of Lisa Silva and Kevin Clapp. Kevin works for R. Zoppo Corp. of Stoughton, MA. Bailey attended Taunton High School where she was ranked 30 out of a class of 450 students. She maintained high honor roll status throughout high school in all honors and advanced placement classes.

In addition to taking a demanding course of study, Bailey’s extracurricular activities at school included being a member of the National Honor Society, the National Business Honor Society, a member of the Model United Nations, president of the National Competing Academic Challenge Team, and the Latin Club. In addition, she had played varsity softball since her freshman year.

The assistant headmaster at Taunton High School wrote, “I write to you today to convey the utter excellence and deep potential for future success of Taunton High School senior Bailey Clapp. She has made a significant mark on our school for the positive in her years here, and one would be hard pressed to find a member of the faculty or staff that she has not impressed. Bailey is a student who, while quiet and attentive at times, can turn on her energy to invigorate a room. Bailey has a personality that helps to refocus and lighten the mood of an entire group, while continuing to produce excellent ideas and work.”

Bailey was accepted to the only school she applied to, Franklin Pierce University in Rindge, New Hampshire where she will be participating in an accelerated honors program. She will graduate in four years with a Master’s Degree in Accounting.

Bailey was unable to attend our event as she had another school commitment. Victoria Zoppo of R. Zoppo Corp. presented the William Zoppo Memorial Scholarship to Bailey’s mother Lisa Silva, who accepted on her behalf.

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Regina L. Collari

R

Steve Barlow Memorial Scholarship (Established by J. F. White Contracting Co.)

egina is the daughter of Jacqueline and Rob Collari. Rob is employed at J. F. White Contracting Co. of Framingham, MA. Regina attended Scituate High School where she was ranked 11 out of a class of 214 students.

Regina won numerous honors and awards including the Boston University Book Award, the Scholastic National Art and Writing Awards, the Lighthouse Keeper Character and Citizenship Award, the National Latin Exam, Maxima Cum Laude, the National Junior Classical League Latin Honor Society, and the National Latin Exam, Cum Laude.

Her extracurricular activities included taking American Sign Language Studies, being a member of the Bracketology Club, Allies Not Bystanders anti-bullying club member, a member of the International Thespian Society Troupe, and she was a student government and a student council representative.

In addition, Regina was captain of her varsity field hockey team from 2012-2015 and participated in the statewide tournament.

Her guidance counselor wrote, “Regina exemplifies what it means to be exceptional and excels at any activity, class, club, or team she joins! Her desire to challenge herself, to learn, and grow as a student and person sets her apart from her peers…she never seems to run out of energy, yet she does it all with a smile on her face, true concern for others and pride in a job well done.”

Regina will attend University of Massachusetts Amherst’s Honors Program where she will major in social sciences and humanities.

Kevin Cole of J. F. White Contracting Co. accepted the Steve Barlow Memorial Scholarship on behalf of Regina, who was performing in her school’s final concert of the year.

Brendan Connolly

B

Herman Snyder Memorial Scholarship

rendan is the son of Christine and David Connolly. David is a partner at Hinckley Allen LLC of Boston, MA. Brendan attended Boston College High School where he maintained an all “A” average in all honors and advanced placement classes. He was a National Merit Scholar finalist and a member of the National Honor Society.

His extracurricular activities at school included playing varsity baseball, and varsity indoor track. Brendan was also a math, science, and Spanish tutor, and was a member of the Investment Club.

His guidance counselor wrote, “Brendan is as unique as he is talented. His academic and athletic profiles speak for themselves. His high school career has been near picture perfect, from SAT scores to GPA, to extra-curricular achievement. But what has not been accounted for in those lists and numbers, is the humility, grace, and service of this unique young man.”

Brendan will attend Harvard University in the fall. Although he has not declared a major, he is leaning towards math and science and will also be studying economics and business.

Brendan was unable to attend our event as he had another school commitment. Joel Lewin of Hinckley Allen LLC presented the Herman Snyder Memorial Scholarship to Brendan’s father David, who accepted on his behalf.

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Vanessa M. DiPietro

V

Ronald Pacella Memorial Scholarship

anessa is the daughter of Jean and Joe DiPietro. Joe and his family own Celco Construction Corp. of Pembroke, MA. She attended Pembroke High School where she maintained high honor roll status in all honors and advanced placement classes, and was a member of the National Honor Society.

In addition to being an excellent student, Vanessa’s extracurricular activities at school included being captain of her varsity ice hockey team, playing varsity field hockey, junior varsity volleyball, junior varsity lacrosse, and varsity lacrosse.

Outside of school, Vanessa volunteered in the Relay for Life, played spring soccer, club volleyball, and volunteered at sports camps and indoor field hockey leagues.

Vanessa’s guidance counselor wrote, “In the academic realm, Vanessa is a highly conscientious, dedicated, determined, and self-motivated student. She is someone who strives for excellence and achieves it. She always exceeds the minimum standards as evidenced by the abundance of higher leveled courses and additional world language classes on her transcript…she is passionate, outgoing, honest, genuine, and respectful…a product of a very supportive and nurturing family, Vanessa is also someone who upholds high moral standards, values her personal relationships with others, and makes wise decisions.”

Vanessa will attend Salve Regina where she will major in Criminal Justice. Her ultimate goal is to attend graduate school and get a law degree.

Joe Pacella presented Vanessa with the Ronald Pacella Memorial Scholarship in memory of his father.

Colm R. Feeney

C

Frank McCourt Memorial Scholarship

olm is the son of Catherine and Ronan Feeney. The Feeney family owns Feeney Bros. Excavation, LLC of Dorchester, MA. He attended Boston College High School where he maintained an all “A” average throughout high school in all honors and advanced placement classes. Colm was a member of the National Honor Society, a National Merit Finalist, an AP scholar, an Ignation Scholar. He won both the Susan B. Anthony Award and the University of Rochester Frederick Douglass Award.

His extracurricular activities at school included being vice president of the Celtic Culture Club and serving on the Governor’s Cabinet as a Senator of Youth in Government. He was captain and Conference All Star for his field and cross country teams, and was a junior and senior mentor.

Outside of school Colm was an intern at the Irish Pastoral Centre, he took part in the Catholic Heart Work Camp service trip, and the Beijing immersion trip.

His school counselor wrote, “While the average student races home after their last class, Colm understands that the last dismissal bell symbolizes the half way point of his daily marathon. Applying his strategies as an elite runner, he is an expert at managing a steady pace throughout the course of a competition.

As the youngest of three boys who emigrated from Ireland, he already knew the standard many people in the community expected from him…but it was clear that he was going to pave his own special path. After working with Colm I am proud to say that he is one of the most humble, approachable, generous, personable, and independent individuals I have ever come across.”

He will Attend Columbia University where he will major in Engineering and minor in Entrepreneurship.

Colm was unable to attend our event due to another school commitment. Ryan and Ginger McCourt presented the Frank McCourt Memorial Scholarship to Brian Murphy, who accepted on Colm’s behalf.

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36

“BUY FROM THE ADVERTISERS IN CONSTRUCTION OUTLOOK”

JUNE, 2016

Erin E. Grela

E

Robert B. Our Memorial Scholarship

rin is the daughter of Linda and Peter Grela. Peter works for Dagle Electrical Construction Corp., of Melrose, MA. She attended Ursuline Academy in Dedham where she maintained high honor roll status throughout high school. She also served as National Honor Society President.

Erin’s scholastic honors included being an AP Scholar, a National Merit Scholar Finalist, a gold medal winner of the National Latin Exam, and she received the Dartmouth College Book Award.

Her extracurricular activities at school included being captain of the first Tech Challenge Robotics Team, captain of the indoor and outdoor track teams, and the cross-country team.

Outside of school, Erin volunteered at Cradles to Crayons, at the St. Vincent De Paul food pantry, and as a camp counselor at Grace Chapel’s summer camp in Lexington. She was also a member of the Teen Leadership Corps for four years, and she did a computer science internship at Draper Laboratory.

Her math teacher wrote, “In the 10 years that I have taught at Ursuline Academy, Erin is one of the most talented students to sit in my classes…not only is she extremely talented mathematically, she is also determined to understand relationships on a deeper level…she does not give up until she has deconstructed and analyzed concepts completely.”

Erin will attend M.I.T. where she will major in Chemical Engineering and Economics.

John and Chris Our presented Erin with the Robert B. Our Memorial Scholarship in memory of their father.

Ryan G. Hartt

R

Tony & Anthony Umbro Memorial Scholarship

yan is the son of Sara and Sean Hartt. Sean works for SB General Contracting, Inc. of Walpole, MA. He attended St. John’s High School in Shrewsbury, MA where he was in the top 15% of his class and has maintained high honor roll status. He was a member of the National Honor Society, and received the Headmaster’s Award.

His extracurricular activities at school include varsity wrestling, powerlifting, and lacrosse. He also was a member of the French and the Investment Clubs, and he was the tennis team manager.

Outside of school, Ryan took part in St. John’s leadership Institute retreat, their confirmation retreat, and in the global encounter to West Virginia, which is a weeklong community service trip.

In one of Ryan’s letters of recommendation, the President of BFY Holdings wrote, “As a member of the community I have had a front row seat watching Ryan develop from a young boy to a very nice young man… he has always been driven to reach high levels in his education, which was demonstrated by the accolades he has received, including numerous dean’s list and National Honor Society awards. He developed these not by taking the easy course load, but to the contrary by stacking up on honors and AP level courses.”

Ryan will attend Northeastern University where he will pursue a degree in Engineering.

Paul Umbro presented Ryan with the Tony and Anthony Umbro Memorial Scholarship.

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“BUY FROM THE ADVERTISERS IN CONSTRUCTION OUTLOOK”

JUNE, 2016

Alexander N. Kubosiak

A

Scholarship in Honor of Phil Bonnano (Established by J. F. White Contracting Co.)

lexander is the son of Rebecca and Edward Kubosiak. Becky works for the James J. Dowd & Sons Insurance Agency, Inc. of Holyoke, MA. Alex attended Hampshire Regional High School in Westhampton, MA where he was ranked 2 in a class of 135 students and maintained high honor roll status throughout in mostly honors and AP classes.

He was the Academic Society President, and the Student Council Vice President.

In addition, Alex received many awards including the Excellence in AP Biology, the Best Writer in Honors English, the Excellence in Honors Environmental Science Award, and the Excellence in Honors Geometry Award.

His extracurricular activities at school included playing on the varsity soccer team all four years and serving as captain in his senior year, and playing Western United Pioneers club soccer.

His science instructor wrote, “Alex could get by and do well with his natural intelligence alone, but he is also a very hard-working individual. While most students take AP biology during their senior year, Alex elected to take it during the more challenging junior year so that he could take an additional AP science course during his senior year…of the thousands of students I have taught throughout my career, Alex is definitely in the top five of asking thoughtful questions and provoking meaningful discussion.”

Alex will attend Tulane University where he will major in Biomedical Engineering.

Kevin Cole presented this Scholarship in honor of Phil Bonnano to Alex.

Caroline C. M axwell

C

Arnold Belli Memorial Scholarship

aroline is the daughter of Janet and Jim Maxwell. Jim works for C. N. Wood Company, Inc. of Burlington, MA. She attended Acton-Boxborough Regional High School where she maintained high honor roll status in mostly honors and accelerated classes. She is also a member of the National Honor Society.

Her extracurricular activities at school included playing field hockey, basketball with two years as captain, and lacrosse, where she also served as captain of her team.

Recently, she was named “Outstanding Female Athlete” by her school’s athletic department. Caroline was also a member of the Athletic Leadership Group, and took part in the Student Ambassador program.

Outside of school she was a youth lacrosse coach, a youth basketball referee, captain of a Relay for Life team, and a special education basketball volunteer.

Her history teacher wrote, “Caroline first came across my radar when she incurred a terrible injury early in her eighth grade year. Unable to compete in the sports she loved, she volunteered to be a manager for the track team which allowed her to continue to be a part of the team. I was struck by her courage and her resilience.

I next encountered her as a student in my U.S. History class at the honors/advanced placement level her sophomore year…she moved up a level from her freshman year knowing that her overall grade was likely to dip with the increased rigor and expectation. She fearlessly worked at the class, putting in even more work than she had anticipated needing. Again, her resilience and grit were inspiring, and both paid off. I could not have been prouder of her choice or her dedication as a student,” Caroline was accepted to Bowdoin College where she will major in Biology and minor in Economics. Her intention is to pursue a graduate degree in Healthcare Management and Policy.

Karen and Bill Keaveney presented Caroline with the Arnold Belli Memorial Scholarship in memory of Karen’s father.

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R achel M. Pray

R

Robert DeSanctis Memorial Scholarship

achel is the daughter of Catherine and Gregory Pray. Greg works Rain for RentNew England of North Oxford, MA. Rachel attended Wachusett Regional High School where she maintained honor roll status in mostly honors and advanced placement classes throughout high school. She was a member of the National Honor Society and the National Spanish Honor Society.

Her extracurricular activities at school included being captain of the Wachusett varsity softball team, a member of the math team, a member of the student council, and Vice President of the DECA Business Club.

Her English teacher wrote, “To begin with, I consider Rachel to be one of the top five most dedicated students in my 20-year teaching career…her development as a critical thinker extended beyond the written work. She offered insightful remarks about the readings and shared deep connections to her own life…Rachel is a mature student who is meticulous about her work, dedicated to her beliefs, and unafraid to take risks…I have no doubt that she will succeed in all her future endeavors.”

Rachel will attend Syracuse University where she will major in Biology and minor in Entrepreneurship. Her Goal is to become a Physicians Assistant.

Adam DeSanctis presented the Robert DeSanctis Memorial Scholarship to Rachel.

Genevieve M. Winn

G

Richard McCourt Memorial Scholarship

enevieve is the daughter of Dominique and Steve Winn. Steve works for McCourt Construction Company of Boston, MA. Genevieve attended Natick High School where she maintained high honor roll status in mostly advanced placement classes, and she was a member of the National Honor Society.

Her extracurricular activities at school included being the French Club Vice President, a member of the Math League, and a member of the Diversity Team. She was also captain of the indoor and outdoor track teams, and she received the Symphonic Band Merit Award.

Outside of school Genevieve was on the leadership team at her youth group, Christian Crusades for Christ, a counselor-in-training at a local girl’s camp, and she was very active volunteering in her community, having done over 200 hours helping the homeless, and taking part in road races.

Her guidance counselor wrote, “Genevieve’s wide range of academic interests has been reflected in her program of studies…she has enrolled in a rigorous combination of courses, often electing to take the most challenging classes offered at the most rigorous levels available, and, she has attained high honor roll status every term.”

Genevieve will attend the University of Vermont’s Honors College where she will major in French or Psychology and minor in Art Therapy.

Her career objective is to utilize her skills with language, social work, and the arts to reach out to help people.

Ryan and Ginger McCourt presented Genevieve with the Richard McCourt Memorial Scholarship.

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42

“BUY FROM THE ADVERTISERS IN CONSTRUCTION OUTLOOK”

JUNE, 2016

Hyannis Residents Warned About Water Quality Barnstable officials are recommending that pregnant women, nursing mothers and infants in Hyannis not drink or cook with well water until further notice after a federal agency changed thresholds for two contaminants in the drinking water.

O

n May 19, the U.S. Environmental Protection Agency changed its advisory level for perfluorinated compounds, known as PFOS and PFOAs, from 0.2 micrograms per liter and 0.4 micrograms per liter to 0.07 micrograms per liter for both.

The change put a well at the Mary Dunn well field above the new contaminant limit, according to Daniel Santos, director of the town's Department of Public Works.

“We want to get a treatment system on that well to remove the contaminants from the water,” Santos said.

The well was taken off-line and the town took samples from all of the well water in the town, Santos said. Results from those samples will be available in about a week, he said. While the water is safe for the general public to drink and shower in, risks are slightly elevated for women who are nursing or pregnant, and infants, Santos said.

Concerned residents can pick up bottled water at 47 Old Yarmouth Road in Hyannis between 8 a.m. and 5 p.m., he said.

Two other wells on Mary Dunn Road were already being treated for elevated levels of perfluorinated compounds, even before the EPA lowered the advisory levels.

After the two wells were closed, the Barnstable Town Council approved a $744,000 emergency allocation to buy and install two carbon treatment units to clean them.

The contaminants likely came from firefighting foams used at the nearby Barnstable County Firefighter Training Academy, according to Santos.

JUNE, 2016

Work crews from Barbato Construction in Middleboro install a pair of carbon filter tanks for the Hyannis Water System at a pumping station off Mary Dunn Road in Hyannis last year.

Photo Credit: Steve Heaslip/Cape Cod Times file.

Town officials have asked the county to provide assurance that it can pay at least $3 million to help clean up contamination of the public water supply from the academy.

Last summer, Yarmouth agreed to supply Barnstable with water to ensure the town could meet demand.

Yarmouth selectmen were scheduled to vote May 24 on whether to extend the inter-municipal agreement for this summer. All costs of the connection will be paid by Barnstable.

The Air Force announced that it would deliver bottled water to four houses in the Currier Road neighborhood of Falmouth after the EPA changed the advisory levels for perfluorinated compounds. continued on page 44

“BUY FROM THE ADVERTISERS IN CONSTRUCTION OUTLOOK”

43

Spotlight on Cape Cod continued from page 43 The Air Force has been checking private wells in the area for about a year after finding that water coming from a water treatment plant showed elevated levels of another emerging contaminant, 1,4 dioxane. The Air Force, which has been working to clean up other contaminants from years of military training at the base, shut down an infiltration well near Currier Road and began testing private wells in the area for both 1,4 dioxane and perfluorinated compounds.

Written by Haven Orecchio-Egresitz. Reprinted with permission from the Cape Cod Times. n

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12/11/09 3:13:09 PM

“BUY FROM THE ADVERTISERS IN CONSTRUCTION OUTLOOK”

12/11/09 3:13:09 PM PM 12/11/09 3:13:09

JUNE, 2016

OSHA’s Crystalline Silica R Construction

FactSheet

OSHA is issuing two standards to protect workers crystalline silica—one for construction, and the ot maritime—in order to allow employers to tailor sol in their workplaces.

OSHA’s

By Richard D. Wayne, Hinckley Crystalline Allen, LLC

Silica Rule:

Who is affected by the construction standard?

Construction

OSHA Promulgates New Silica Regulation

Aboutfrom twoexposure million construction OSHA is issuing two standards to protect workers to respirable workers are crystalline silica—one for construction, and the other for general industry and exposed to respirable crystalline silica in over maritime—in order to allow employers to tailor solutions to the specific conditions 600,000 workplaces.

OSHA estimates that more in their workplaces.

than 840,000 of these workers are exposed to silica levelsstandard that exceed new permissible The construction does notthe apply where itsexposures new silica regulation (“Rule”).

Twenty will remain low under any foreseeable exposure limit (PEL).

Who is affected by the construction

On March standard?

24, 2016, OSHA published conditions; for example, when only performing About two million workers years in the making, the construction new Rule is are found at 29 C.F.R. §1926.1153.

The intent of the tasks such as mixing mortar; pouring concrete silica can exposed to respirable crystalline silica in over Exposure to respirable crystalline slab foundation and foundation walls; fatal lung disRule is to curb theworkplaces. incidents of silicosis, disabling and sometimes 600,000 OSHA estimates that more a footers, cause silicosis, cancer, other respiratory and removing concretelung formwork. of these workers are exposed to ease, caused than by 840,000 long-term to respirable crystalline silica. Crystalline silica diseases, and kidney disease.

Exposure can occur silica levels that exceed exposure the new permissible What does the standard require? exposure limit (PEL). is a common mineral found in materials usedThe tostandard construct roads, buildings, and sideduring common construction tasks such as using requires employers to limit worker Exposure to respirable crystalline silica can masonry saws, grinders, drills, jackhammers exposures to respirable crystalline silica and to walks. It is a cause common component of sand, stone, rock, concrete, ready-mix, brick, silicosis, lung cancer, other respiratory take other steps to protect workers. and handheld powered tools;silica operating and kidney disease.

Exposure can occur block, mortar,diseases, clay products, and roofing materials.

Exposure to chipping crystalline dust The standard provides flexible alternatives, vehicle-mounted drilling rigs; milling; operating during common construction tasks such as using occurs in common workplace tasks, such as,especially cutting, drilling, and crushing of usefulsawing, for small employers.

Employers masonry saws, grinders, drills, jackhammers crushing machines; and using heavy equipment can either use a control method laid out in Table 1* and handheld powered chipping tools; operating concrete, brick, block, rock, and stone products. demolition or certain other tasks. offor the construction standard, or they can measure vehicle-mounted drilling rigs; milling; operating

T

OCTOBER, JUNE, 2016 2015

workers’ exposure to silica and independently decide which dust controls work best to limit exposures to the PEL in their workplaces.

Photo: NIOSH

• Establish and implement a written exposure control plan that identifies tasks that involve exposure and methods used to protect workers, including procedures to restrict access to work areas where high exposures may occur.

• Designate a competent person to implement the written exposure control plan.

• Restrict housekeeping practices that expose workers to silica where feasible alternatives are available.

• Offer medical exams—including chest X-rays and lung function tests—every three years for workers who are required by the standard to wear a respirator for 30 or more days per year.

Without dust controls, using a handheld power saw to cut concrete can expose workers to high levels of respirable crystalline silica.

•

• •

Include respirable crystalline silica in its hazard communication standard (“HCS”) program, and to comply with this Rule’s and the HCS’s detailed requirements; Implement engineering controls to reduce or eliminate silica; Implement administrative controls when engineering controls do not reduce silica below the PEL; continued on page 47

“BUY FROM THE ADVERTISERS IN CONSTRUCTION OUTLOOK”

What do

The stand exposure take othe

The stand especially can either of the con workers’ decide wh exposure

Regardle used, all standard

Regardless of which exposure control method is used, all construction employers covered by the standard are required to:

Photo: NIOSH

crushing machines; and using heavy equipment he Rule has separate requirements for genfor demolition or certain other tasks. eral, maritime, and construction industry employers. Although the Rule becomes effective June 23, 2016, a phase-in schedule gives construction industry employers until June 23, 2017 to comply.

Major industry groups and labor unions, including the AGC and the Laborers International Union, have filed, for a wide variety of reasons, lawsuits challenging the Rule. These court challenges have been consolidated in the United States District Court for the District of Columbia. No court action is imminent.

The Rule significantly reduces the permissible exposure limit (“PEL”) to 25 micrograms per cubic meter (ug/m3) of air averaged over an eight (8) hour shift. This PEL isWithout one-fifth, or a20%, of saw theto cutcurrent dust controls, using handheld power concrete expose workers to high levels of respirable crystalline silica.

PEL applicable tocanthe construction industry. OSHA describes the new limit as “the lowest level feasible for all affected industries.” A key compliance feature of the Rule is Table 1 (see page 47), which identifies common trigger tasks and minimum means of compliance. 29 C.F.R. §1926.1153 (c).

Generally, the Rule requires an employer to: • Establish and implement a written exposure control plan, 29 C.F.R. §1926.1153 (g); • Designate and train a competent person to implement the written exposure plan; • Train workers on work operations that may result in silica exposure and means and methods to limit exposure;

The cons exposure condition tasks suc footers, s and remo

43 45

• Establi contro exposu includi areas w • Design the wr • Restric worker are ava • Offer m and lun worker wear a

• Train workers on work operations that result

Silica continued from page in silica exposure and 45 ways to limit exposure. workers’ silica exposure • • Keep Eitherrecords complyofwith the exposure controland methmedical exams.in Table 1 or establish a specific ods identified alternative exposure control method. Table 1 What is Table 1? tasks, engineering and workidentifies trigger Table 1 matches with place control common methods,construction the requiredtasks respiratory dust control methods, employers know exactly protection, and the so minimum respiratory protecwhat they needEquipment to do to limit worker tion factors. and triggerexposures tasks include, to silica.

The control measures listed inmasonry the but are notdust limited to, use of stationary table include methods known to be effective, like saws, handheld power saws, walk-behind saws, using watersaws, to keep dust from getting into the drivable jackhammers, grinders, crushing and heavy equipment utility veair machines, or using ventilation to capture dust.and In some hicles used to abrade or fracture silica containing operations, respirators may also be needed. materials used during demolition, grading, and Employers whoIffollow Table 1 correctly excavation. an employer complies are withnot Table required workers’ to silica 1, it is to in measure compliance and it exposure is otherwise relieved andfrom are repetitive not subject to theand PEL. testing recordkeeping; • Table Alternative exposure control methods would re1 Example: Handheld Power Saws quire an initial exposure assessment, 29 C.F.R. If workers are sawing silica-containing materials, §1926.1153 (d) and recordkeeping, 29 C.F.R. they can use a saw with a built-in system that §1926.1153 (j); applies water to the saw blade. The water limits • theImplement protection silica as required amount of respiratory respirable crystalline that by 29 C.F.R. §1926.1153 (e) and 29 C.F.R. §1910.134; gets into the air.

Table 1: Specified Exposure Control Methods When Working with Materials Containing Crystalline Silica

Equipment/ Task (ii) Handheld power saws (any blade diameter)

Engineering and Work Practice Control Methods

Required Respiratory Protection and Minimum Assigned Protection Factor (APF) ≤ 4 hrs/ shift

> 4 hrs/ shift

Construction employers must comply with all requirements of the standard by June 23, 2017, except requirements for laboratory evaluation of exposure samples, which begin on June 23, 2018.

Additional information on OSHA’s silica rule can be found at www.osha.gov/silica.

OSHA can provide extensive help through a variety You use licensed electricians. You use certified steelworkers. of programs, including technical assistance about Use a proven expert for your DOT Compliance Programs. effective safety and health programs, workplace Foley Carrierand Services are CSA Our wide range of consultations, training andexperts. education.

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APF 10

APF 10

APF 10

Excerpt from Table 1. *See regulatory text for construction standard, with complete Table 1 at www.osha.gov/silica/SilicaConstructionRegText.pdf.

JUNE, 2016

The Right Person for the Job...

When are employers required to comply with the standard?

Additional information

Use saw equipped with integrated water delivery system that continuously feeds water to the blade.

• When used outdoors.

• When used indoors or in an enclosed area.

In this example, if a worker uses the saw • Housekeeping.

Noordry or dry brushoutdoors for four hours lesssweeping per day, no ing, unless wet sweeping, HEPA-filtered vacurespirator would be needed. If a worker uses the uming or other methods that may minimize the saw for more than four hours per day or any time likelihood of exposure are not feasible. Comindoors, he or she would need to use a respirator pressed air to clean clothing or surfaces unwith an assigned protection factor (APF) of at less there is an affective ventilation system or least 10. In this case, a NIOSH-certified filtering no alternative method is feasible, 29 C.F.R. facepiece respirator §1926.1153 (f);that covers the nose and mouth (sometimes referred to as a dust mask) • Medical surveillance. The employer shall make could be used. If a worker needs to use a available but is not required to provide an initial respirator on 30 or more days a year, he or she or baseline medical examination within 30-days would need to be offered a medical exam. after initial assignment. In addition, an employer must provide medical surveillance, at no cost to Alternative exposure control methods employees, for each employee who is required to Employers who do not use control methods in use a respirator for thirty (30) or more days per Table 1 must: year, 29 C.F.R. §1926.1153 (h).

• Measure amount of silicaoutlines that workers are reThis the article merely basic exposed to if it may be at or above an action quirements of3 the Rule. Although complilevel of 25 μg/m (micrograms of silica per ance is not until 23, 2017, cubic meter of required air), averaged overJune an eightcontractors should immediately begin hour day.

• planning Protect workers from respirable crystalline on how they intend to comply. silica exposures above the permissible Contractors should discuss compliance exposure limit of 50 μg/m3, averaged over an with safety officers, safety consultants, eight-hour day. and legal counsel.

• insurers, Use dust controls to protect workers Start from early.

Be prepared. silica exposures n above the PEL. • Provide respirators to workers when dust controls cannot limit exposures to the PEL.

OSHA’s On-site Consultation Program offers free Drug and occupational Alcohol •safety Hours Service and•confidential andofhealth Testing • Audit Support services to small and medium-sized businesses in • Background Checks • Expert Consulting all states and several territories across the country, • Driver Files • And More! with priority given to high-hazard worksites.

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“BUY FROM THE ADVERTISERS IN CONSTRUCTION OUTLOOK”

JUNE, 2016

Brian MacFee, Systems Support Corporation

Ransomware: What You Need to Know Happy Spring to one and all! The happy sounds of excavators and bulldozers are in the air. In this article I was going to review our last topic on Office 365 – Skype for Business, but due to the large number of Ransomware infections lately, I opted to discuss this first and talk about what you can do to minimize your risk.

R

ansomware is a relatively new and hideous form of malware that encrypts your files – Word, Excel, Adobe, Databases, etc., essentially all of your data. It then flashes a red screen or sends an email or you just notice that you can’t open anything anymore, and find a new file in your folder that describes some form of decrypt instructions. The instructions will typically inform you that you have been hit, and how you can send a bitcoin payment (ransom) and they will send the key or key software to decrypt the files back to their original condition.

The ransoms vary from the dollar equivalent of $200–$2,500. Many of the ransomers recently have realized they are more successful if their ransom is somewhere under $700, and that they have a “good” track record of restoring the files. Some even have a help desk you can call to help you through the payment process, if you can believe it.

The “names” vary – CryptoWall, CryptoLocker, Crypaura, Cryptfile – and new ones pop up almost on a daily basis. Most are Eastern European in origin and it is usually impossible to track down the sources.

The risks are significant: •

The ransom/restore process is not guaranteed – these are hackers and criminals after all.

JUNE, 2016

•

Getting a bitcoin account and funding it to pay the ransom can take 3-5 days.

•

The risk of getting it again is very high.

•

Typical firewall/antimalware software and configurations cannot “block” ransomware from running.

•

If you share files on a server or Dropbox, Google Drive, or One Drive, other users can infect your files if they get the ransomware

•

This is the most prevalent and dangerous malware we have seen in the last 20 years, and I would guess many of you have either already been hit by it or know someone who has. continued on page 51

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JUNE, 2016

Technology in Const. continued from page 49

Make sure that you are only sharing files that you have to in dropbox, google drive, etc., to minimize the possible damage that others can do to your shared files. If you are running backups to a local drive, run them manually and unplug the drive from the system when it is done. We have seen ransomware delete backups on local drives.

So let’s talk about what you can do to try and avoid it, and what you can do ahead of time to minimize the damage.

The bad news is all you can do is try to avoid it. At this time there is no software that prevents it, but there are some tools that block the most common types. The simplest is AntiRamsomware VacIn summary, Ransomware is evcine from bitdefender.com. It is free and does block erywhere and there are no guaranthe most common, but not all. tees you won’t get it despite best Another is the Cryptolocker Prevention Kit (https:// community.spiceworks.com/topic/396103-cryptolockefforts with software and practices. er-prevention-kit-updated). This is a little more comThe best recovery is a good proven plicated and should be done by a technology profesBoston Area backup with multiple verlocal/cloud sional, although it is free.

Locations sions. Good luck and stay safe. n Good habits – only go to websites that have to do with work on work computers.

2 Dexter Street Everett, MA 02149 Avoid coupons, games, sports Boston Area Boston Area sites, etc. Either use a tablet (nonLocations Locations 431 Second Street microsoft) or a phone for these.

Everett, MA 02149 Do not open any email that re2 Dexter Street 2 Dexter Street

motely looks suspicious, or you Everett, MA 02149 Everett, MA 02149 don’t know the sender. If you are still using AOL or Yahoo mail for 431 Second Street 431 Second Street work, you really have to upgrade Everett, MA 02149 Everett, MA 02149 to a more secure system. Do not BOSTON AREA LOCATIONS

let children use your work comput2 Dexter Street 431 Second Street er or any computer that accesses Everett, MA 02149 Everett, MA 02149 company files.

If you have a technology consultant, ask them what they are doing or what you should be doing to prevent ransomware infections.

What to do to minimize the damage:

The number one way to miniBros./Scrap-It, Inc., mize the infection is to use aMinichiello good Minichiello Bros./Scrap-It, Inc. local and cloud based backup Serves 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, that will keep multiple versions of and processors buyers, sellers, and processors of scrap metal.

Forour overgoal 60 years goal sellers of scrap metal. For over 60 years has our remained your files over time. The idea is - tohas remained the same - to in provide the best along prices in thetop industry along with the same provide the best prices the industry with notch top notch service!

Fred Rogers at 617-595-5505 that if you get infected Tuesday customer service!

Callcustomer Fred Rogers at Call 617-595-5505 Minichiello Bros./Scrap-It, Inc.,

morning and find out Wednesday Minichiello Bros./Scrap-It, Inc., or later, you would have a version Serves over 2500 customers a week and is one New England's largest buyers, from Monday night to restore from. sellers and processors of scrap metal.

For overa60week years ourisgoal Serves over 2500 customers and onehas Newremained England's largest buyers Again I advise a consultation with the same - to provide the best in theof industry along with notch sellers and prices processors scrap metal.

Fortop over 60 years our goal has remain a technology professional to makeservice! Call Fred Rogers at 617-595-5505 customer the same - to provide the best prices in the industry along with top notch sure that your files are getting customer service! Call Fred Rogers at 617-595-5505 backed up and support the abil ity to back to earlier versions. This must be in place before you get Turn your metal into money today! any infection or you are completely Turn your metal into money today! at the mercy of paying the ransom Minichiello Bros. Inc./Scrap-It Inc. Minichiello Bros. Inc.,/Scrap-It Inc. and praying it works.

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2/23/16 2:11 PM

“BUY FROM THE ADVERTISERS IN CONSTRUCTION OUTLOOK” JUNE, 2016 56 “BUY FROM THE ADVERTISERS IN CONSTRUCTIO

Andover is Missing One-Quarter of Its Water: Leaks in Old Pipes are Likely Source, Officials Say

A

NDOVER – In 2014, Andover ranked 239th out of 280 Massachusetts towns reporting unaccounted for town water, the difference between water that enters the treatment system and that which is metered out to water users.

Twenty-five percent of its water — 562 million gallons annually — is unaccounted for. The town’s water consultant recommends that it continue to shore up leaks, improve its infrastructure and make a host of other changes to reverse the lost flood of water, according to a recently released water report.

The lost water is a mystery with clues and implications for water rates and has the attention of Chris Cronin, the town’s head of municipal services since 2014.

“I take it very seriously,” Cronin said, overlooking the town’s water supply, Haggetts Pond, last week.

The 220-acre pond, supplemented by water pumped from the Merrimack River, flows through an intake pipe to the town water treatment plant, at the pond’s edge, then into the town’s distribution system.

All but about 30 residences in Andover have town water. And Andover also pumps up to 1.5 million gallons a day to North Reading, selling the water to its neighbor.

Impact on Water Rates Cronin says Andover’s water rates are low, among the lowest in the Valley and among peer municipalities — coming to about 0.4 cents per gallon.

The current water rate is a flat charge of $3.10 for 748 gallons – 100 cubic feet. Upcoming tier rates, going into effect in July, will minimally impact typical water users.

Still, the water could be even less expensive, or the town could generate greater revenue for infrastructure improvements, were the town not spending an estimated $230,000 to produce water that was unaccounted for in 2014.

It’s estimated that the town spends about $415 to produce 1 million gallons of water. “It is a resource we are using, we are spending money to treat water and put it into a distribution system,” said Cronin. “We don’t want to waste ratepayers’ money – we want to keep the rates as low as possible.”

JUNE, 2016

A good portion of the unaccounted-for water is a result of old pipes leaking and breaking — with water lost, Cronin said. Slow leaks percolate into the ground. Breaks, which are more catastrophic, bring water to the surface and it then flows into the town drainage system leading to ponds and rivers.

Cronin said some people are concerned about unaccounted-for water because it is treated with chlorine.

That is true, but the treatment is to only the state required level, the main disinfectant Andover uses is ozone. Ozonation pumps colorless oxygen atoms into water. The ozone quickly degrades but not before attacking any bacteria, viruses, iron, manganese and other substances, and eliminating taste and odor problems.

Water flows from the intake pipe to the ozone building where it is disinfected and sent through filter beds and into the clear well before being pumped into distribution centers.

The water is generally received as good tasting and the water department was recognized in 2015 by the state DEP’s drinking water program for outstanding community service, receiving one of the top scores in the state for providing safe and fit water to its customers.

Missing Since 2011 Still, the unaccounted for water is a nagging problem that surfaced on Cronin’s radar screen in 2011, continued on page 55

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Missing Water continued from page 53 when he became acting director of Andover DPW. The town has been in the mid-20s, in percentage of unaccounted for water since 2011.

Finding the sources of its lost water and stemming those losses are top priorities in the town, say everyone from its head of municipal services to its town manager to the chairman of the Board of Selectmen.

At Town Meeting, two residents, one of whom was Heather Lauten, worried about the inefficiencies, any environmental implications and the costs of the lost water.

Lauten wanted to know the plan for figuring out where that water is going as opposed to increasing water and sewer. “Let’s find out where our water is going,” she said in an interview.

A study the town commissioned last year was released by CDM Smith in March, and points to no single likely cause for the unaccounted for water; and no single likely remedy, either.

“Although there are some metering issues to be corrected and improved bookkeeping practices that may lower unaccounted for water, the town should primarily focus on reducing sources of non-revenue water (i.e., unmetered water, water main breaks, and breaks) as they are likely the biggest cause of the town’s unac-

counted-for water,” the report states. Unmetered water refers to fire suppression, flushing valves and pipes.

The Massachusetts Department of Environmental Protection’s standard for unaccounted for water is 10 percent. To maintain permitting, a town must at least show progress towards that percentage.

Andover’s next renewal of its water withdrawal permit comes due in November 2018.

Failure to show progress toward the state’s 10 percent baseline of unaccounted for water will require it to administer and follow compliance plans. “The goal is to get to 10 percent,” Cronin said.

Leak Prevention The town, going back to 2001, undertook a regular calibration of its meters to make sure they are accurately measuring water. They will continue with the calibrations.

From 2012, they have installed a leak prevention program completed at night by a private contractor and also by DPW crews.

Leak detection company crews rely on sensitive listening devices to isolate leaks. The service costs about $15,000 annually.

The town is doubling its annual budget of $1 million continued on page 57

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JUNE, 2016

Missing Water continued from page 55 to $1.5 million for water main replacements. The town has about 22 miles of unlined cast iron water pipes, the vessels most susceptible to breaks.

Under the new rate system, the town should be able to double its water main infrastructure improvement rate, knocking the overall schedule back to 30 years, and replacing all its unlined cast iron pipes, the most susceptible to breaking, long before the 30 years are up, Cronin said.

Another change likely to produce dividends is measuring the effectiveness of meters that commercial/industrial large users use to measure water use, and switching undersized or otherwise ineffective meters for more accurate large meters that can be read remotely. “I am certain this is going to account for some of the unaccounted for water,” Cronin said.

This is a recommendation put forth by Woodard and Curran consultants, which is carrying out a peer review of CDM Smith’s water consumption, production and accounting report. In addition, the town is reorganizing its water reading and billing sections.

“We expect all of these corrections to pay dividends,” Cronin said. “They are all small, they are all incremental but a percent here and there adds up.”

Written by Terry Date. Reprinted courtesy of The Eagle Tribune. n

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Jackhammer Safety Practice Caution to Minimize Your Risks Jackhammers are one of the most dangerous types of hand tools because they can cause serious damage not only to your body from intense vibrations, but also to your hearing. On average, a worker operating a jackhammer is exposed to about 130 decibels of noise—that’s a little louder than a jet plane taking off and slightly quieter than firearms or an air raid siren.

In addition to damaging your hearing, jackhammer use also poses large risks to the hands and wrists. In fact, using a jackhammer frequently can quickly lead to carpal tunnel syndrome or Raynaud’s disease, also known as vibration white finger. Follow these tips for safe jackhammer operation.

Precautions Before Use

• For air models, fill the gas tank with the engine off.

• Wear long pants, long sleeves, eye protection (goggles or safety glasses), ear protection (earplugs or ear muffs), non-slip gloves, a protective mask, helmet and steel-toed boots with non-slip soles.

• Do not use a jackhammer in wet conditions.

• Remove the chuck key before using.

Precautions During Use • Disconnect power or air supply prior to putting in or removing tools.

• Lock tools before using.

• Grip the tool just tight enough to maintain control, but allow the jackhammer to do the work.

Be Mindful of Your Body Excessive hand-arm vibration can lead to serious health complications such as white knuckle syndrome or vibration white finger. Stop using a jackhammer and seek medical attention if your fingers become white or are painful or numb while working.

• Read the instruction manual and receive the proper training before operating the machinery.

• Inspect the equipment before use.

• Ensure that the safety guards are properly in place and in good working order.

• Make sure bits are sharp.

• Inspect the compression hose lines.

• For three-wire system electric models, ensure they are grounded properly to avoid a fire or shock.

• For electrical models, use an extension cord large enough to accommodate the distance between the hammer and the receptacle tool.

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Your Company Must Have A Comprehensive Safety Program!

This year’s Safety Manual includes information on: • OSHA’s Final Rule on Silica Exposure Limits • OSHA’s Final Rule on Confined Space in Construction • OSHA’s New Cranes & Derricks Standard (1926.47) • State and Federal Posting Requirements • OSHA’s Updated Trenching & Excavation Safety • OSHA’s Changes to the Penalty Calculation Limit • Recordkeeping Requirements — Employee Reporting on Fatalities & Hospitalizations • OSHA 10-Hour Training Requirements

Promote A Safe Working Environment It should be your company’s policy to provide a safe place to work, with the prevention of accidents being your ultimate goal.

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Employee Pocket Safety Manual Order Form Company Name:_________________________________ Authorized By:______________________ Pocket Manuals w/ Signature Cards: Qty.__________________ x $3.25 Ea. = $________________ 55.00 Printing and Set Up Charge for Personalized Covers: $________________ 10.00 $________________ Total: $________________

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64

“BUY FROM THE ADVERTISERS IN CONSTRUCTION OUTLOOK”

JUNE, 2016

IN THIS ISSUE

John E. Merchant, CPA

Cullen, Murphy & Co., P.C.

• Should You Pay Summer Interns?

• Planning for Today’s Pensions • Putting Your Money Into Timeshares

Smart Tax, Business & Planning Ideas fr

Should You Pay Summer Inte

E

Should You Pay Summer Interns?

ach year, many companies—large and small—offer summer internships. The interns are frequently college students between academic years, and they usually are unpaid. Recently, such arrangements have come under fire from those contending interns should be put on the payroll.

The advantages of unpaid internships are clear: Companies probably have relatively low financial obligations for the services of their interns. Especially in the summer, when many employees are on vacation, it may be helpful to have extra individuals around. If interns make a favorable impression, they might provide employers with a stream of productive, paid employees in the future.

Alternatively, various advocates assert that interns are truly employees, who should be paid for the work they do. The federal Department of Labor (DOL) apparently takes this view, at least in many circumstances. The DOL has published a six-part test, all parts of which must be met, in order for a for-profit firm to justify not paying interns. The key point is that an internship must be training that benefits the intern, without any current benefit to the employer. Failing to pass the sixpoint test, an employer must compensate interns according to the law for the services performed by this standard.

JUNE, 2016

summer, when ma vacation, it may be individuals around favorable impressio employers with a s paid employees in Alternatively, va assert that interns who should be pai do. The federal De (DOL) apparently least in many circu has published a six which must be me profit firm to justif The key point is th be training that be Mixed Messages without any curren employer.

Failing t Not everyone accepts the DOL’s view. Last year, in Glatt et al. v. Fox Searchlight Pictures et al. (7/2/15),test, thean employer m U.S. Court of Appeals for the Second Circuit vacated a according t interns district court’s ruling in favor of former interns who sought services performed after-the-fact The appeals and court said of Eachcompensation. year, many companies—large the DOL’s small—offer six-part test,“[w]e do not find it persuasive, and Mixed messag summer internships. The will not defer to it.”

Instead, the Second Circuit stated thateveryone acce Not interns are frequently college students the question of required pay revolves around which party between academic years, and they usually Last year, in Glatt was the primary beneficiary of the arrangement, and sent Pictures et al. (7/2/ are unpaid. Recently, such arrangements the case back to the district court. of Appeals for the have come under fire from those Given this background, how should business owners vacated a district c contending interns should be put on proceed if they offer or are thinking about offering internof former interns w the payroll. ships? An astute first step is to consult an attorney. Get fact compensation The advantages internships an opinion about the status of of unpaid local law and legal advice said of the DOL’s are clear: Companies probably have about how to structure your internship program. do not find it pers relatively low financial obligations for the continued on page 66 defer to it.” Instead services of their interns. Especially in the

“BUY FROM THE ADVERTISERS IN CONSTRUCTION OUTLOOK”

65

Financial Management continued from page 65 In any case, business owners should carefully consider whether they want to offer unpaid internships.

How much will you truly save by not paying interns?

Does that savings outweigh the potential future recruiting benefits of paying your interns and the reduced exposure to future legal challenges? Both sides may have valid points, but you should take a clear view of the issue before making decisions. continued on page 67

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our of the 10 most costly U.S. catastrophes on insured property occurred in 2004 and 2005. They include Hurricane Katrina, which cost $41.1 billion, (then the costliest of all events on record) as well as hurricanes Charley, Ivan, and Wilma. As of last report, through 2014, the most severe event since then—number 10 on the list—was the 2011 Tuscaloosa, Alabama tornado, which cost $7.3 billion.

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Financial Management continued from page 66

Planning for Today’s Pensions

S

ome observers have commented that few private sector workers can look forward to pensions after retirement. The traditional pension, a lifelong stream of income to a retiree and perhaps a surviving spouse, is becoming a rarity for those who are not long-term government employees.

Nevertheless, millions of people do have a form of pension these days, one that kicks in after age 701⁄2. At that age, required minimum distributions (RMDs) typically begin from retirement plans, such as traditional IRAs and 401(k)s.

With proper planning, RMDs can serve as a long-term pension and also provide benefits to a surviving spouse.

How RMDs Work Beyond age 701⁄2, you generally must withdraw at least a certain amount from your retirement plan

each year. The number is based on your age and the account balance at the end of the previous year. Any shortfall triggers a 50% penalty.

Example 1: Craig Jackson will reach age 70 this July, so he’ll be 701⁄2 in January 2017. His first RMD will be for 2017, based on his December 31, 2016, IRA balance.

Assume Craig’s IRA balance will be $600,000 then. He can go to the IRS “Uniform Lifetime Table” and find age 71: the age he’ll turn in 2017. The IRS table shows a “distribution period” of 26.5 years at 71, so Craig will divide his $600,000 IRA balance by 26.5, to get $22,642, his RMD for the year. (IRA owners whose spouse is their sole beneficiary and is more than 10 years younger use a different table, resulting in a smaller RMD.) Craig can withdraw a larger amount in 2017, but a smaller distribution will be penalized. If his 2017 IRA distributions total $10,000, he’ll lag the RMD by $12,642 and owe a 50% penalty: $6,321.

Each year, Craig will repeat the process, using the relevant distribution period and IRA balance. In continued on page 69

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Financial Management continued from page 67 the year he turns 76, for instance, the distribution period will be 22 years, reflecting a reduced life expectancy. If Craig has a $440,000 IRA balance on the previous December 31, his RMD would be $440,000/22, or $20,000 that year.

Pension Planning

IRA in retirement, following the RMD table is the best way to minimize unwanted taxes. But what if you are relying on those funds for a comfortable lifestyle after you stop working? Then the IRS table can deliver a practical guideline for tapping your retirement fund.

By following the table, you will withdraw more from your IRA after a period of successful investing, and less after a market pullback has devalued the account. You won’t have to worry about how much or how little to take out, with every hiccup of the financial markets. RMD-based IRA withdrawals, along with Social Security checks, can provide a lifetime stream of cash flow. continued on page 70

By following the RMD guidelines, Craig can construct a do-it-himself pension. He can contact his IRA custodian early in 2017, determine his RMD for the year, and request the annual amount to be paid in monthly installments.

Example 2: In our previous example, Craig’s 2017 RMD will be $22,642.

That’s $1,887 per month, for 12 months.

Aon Risk Solutions Craig can have the IRA custodian Construction Services Group transfer that amount into his checking account each month, which effectively would provide him a pension for the year. The monthly RMD payouts would vary in future years, as explained.

RMDs from traditional IRAs generally are fully or mostly taxable, so Craig can choose to have taxes withheld, reducAs the leading provider of risk solutions to the construction industry, Aon ing the monthly deposit. Alternatively, Construction Services Group partners with clients to provide insighful Craig can receive the full RMD each analysis, strategic direction and creative solutions backed by our dedicated month and make quarterly estimated team of construction experts and the strength of Aon’s global network. tax payments.

Managing Risk Takes More Than Machinery

Using the IRS table in this manner, year after year, Craig will never deplete his IRA, so he’ll always have monthly cash flow. If he reaches age 90, for example, the distribution period on the uniform table will be 11.4 years, meaning that Craig’s RMD will be about 8.8% of his IRA. The balance can stay in the IRA, growing tax-deferred.

If Craig’s wife, Dana, survives him, and Dana is the sole IRA beneficiary, she can roll Craig’s IRA into her own name.

Then Dana can have her own RMD schedule—her own lifelong pension—in addition to RMDs from any IRAs Dana already has established herself.

Note that Dana and Craig can take more than the RMD obligation each year.

As long as they are older than 591⁄2, there will be no early withdrawal penalties. However, taking more than the RMD likely will increase the tax bill and reduce the amount of future cash flow from IRAs.

Easier Riding

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69

Financial Management continued from page 69

Putting Your Money Into Timeshares continued from page 3

D

for one week in a luxurious suite with oes it make sense to buy a timea beautiful view. And so on. share? Negative opinions are easy Pros and cons to find, and there’s little doubt that Timeshare enthusiasts express many reasons may to make this high-pressure sales pitches lead to choice. You’re guaranteed a place some bad decisions. to stay on vacation, perhaps an extremely desirable one, without Nevertheless, millions of Americans having to purchase and maintain own timeshares. Surveys indicate a second home year-round. Inthat a network, you might have purchasers tend to far-flung be well educated, access to some splendid vacation with comfortable incomes.

Can soa timeshare many opportunities.

Having may force even the most dedicated capable and accomplished people all be workaholics to spend some time wasting their money? sailing or skiing. Moreover, as the timeshare promoters might say, The answer to these questions is thats you could be paying for tomorrow’ vacations at today’ s prices. timeshares can’t be crammed into a sinAmong their drawbacks, the gle basket and treated financial as a universal good benefits of timeshares are to say the least.

You’ll have or bad deal. There areuncertain, an infinite number a substantial upfront outlay, far more of buying opportunities, enormous than thewith cost of vacation lodging for a year or two. If you make a partial variations from one arrangement to the initial payment, the seller probably next. If you look at a timeshare ainterest bigwill offer financing, as but the charges might be steep. You’ll also ticket purchase ratherhave than as an investannual maintenance fees to pay, and the perhapsterms some extra costs ment, and if you read of for the using certain features of the plan. agreement carefully before making any Moreover, timeshares may have little or no resale value. commitment, you might decide toIndeed, addonea strategy is to acquire a timeshare on a timeshare to your vacation plans. Or you might not.

growing online secondary market, for Grants calculate that 200 points a initial two-week stay atwillResort in Room B, at get them A, around $3,000 worth a them fraction to of the price. You’ll vacation lodging, at current rates. have to pay future maintenance fees, a set time period each year.ofThis sort of arrangement on this though. might work well if the KingsAssume wishthetomaintenance spend the same hypothetical timeshare is $800 a year. two weeks at the beach every change Proceed with caution If so, theyear.

Grants If willthey save $2,200 their mind, the approach Kings mightonbe to they’ll rent pay the$800 room Ultimately, you should theirable lodging: a and timeshare as you’daevaluate any maintenance of the $3,000 collect fee (depending on theinstead contract terms); major outlay. Don’t make a snap going rate. alternatively, they could let In friends or relatives use decision, especially after hearing such a situation, it will take slot. a their persuasive sales pitch. Read the more than 11 years for the annual contract carefully and get answers to savings to justify the upfront outlay, As you can see, such arrangements lack flexibilany questions that arise. Crunch the assuming no resale value. If there ity. The Kings’ circumstances change, and the numbers. were might a resale value, the numbers Exampleyearly 3: In example 2, the planwould be much OurThus, office same vacation might losedifferent. appeal.

Grants pay $25,000 for a timeshare;have can help you go over the numbers in a timeshare companies sought ways to bring each year they can use 200 points timeshare you’re considering, to help choice the timeshare experience.

Now, many for vacations into in the network.

The you make an informed decision. g

deals involve points, rather than some sort of room swap.

2: Jim and Hope Grant put $25,000 TAXExample CALENDAR Old and New into a timeshare last year. Instead of the right to Corporations. Deposit the second installment of estimated tax for JUNE 2016 Buying a timeshare essentially means prepaying use a specific room, they purchased an annual al2016.

June 15 for lodging on future vacations.

Originally, buyers had lotment “points” inSecurity, a hotel chain’s timeshare Individuals. If you are not paying your 2016 income tax through of 200 Employers.

For Social Medicare, withheld income tax, and withholding (or will not pay enough tax during the year that way), payEach a fixed destination. nonpayroll withholding, tax forthose payments in May ifpoints the network. year, they deposit cantheuse 200 the second installment of your 2016 estimated tax. monthly rule applies. to stay at a vacation destination listed at 200 points Example 1: Mel and Lana King bought a timeIf you are a U.S. citizen or resident alien living and working (or on JULY 2016 duty) outside the United States and Puerto Rico, file Form share many years ago for military $15,000.

This entitled continued on page 71 July 15 1040 and pay any tax, interest, and penalties due for 2015. If you want additional time to file your return, file Form 4868 to obtain four additional months to file. Then, file Form 1040 by October 17.

Employers. For Social Security, Medicare, withheld income tax, and nonpayroll withholding, deposit the tax for payments in June if the monthly rule applies.

The CPA Client Bulletin (ISSN 1942-7271) is prepared by AICPA staff for the clients of its members and other practitioners. The Bulletin carries no official authority, and its contents should not be acted upon without professional advice. Copyright © 2016 by the American Institute of Certified Public Accountants, Inc., New York, NY 10036-8775. Printed in the U.S.A. Sidney Kess, CPA, JD, Editor. For AICPA customer service, call 888.777.7077 or visit www.cpa2biz.com.

4

GENERAL CONTRACTOR

Manufacturer and Installer of Bituminous Concrete Products 100 Wales Avenue-Rear Avon, MA 02322 Office: 508-583-2029 Plant: 508-587-6953

70

226 Nicks Rock Road Plymouth, MA 02360 Scale House: 508-732-9148 Asphalt Plant: 508-732-9140

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JUNE, 2016

Financial Management continued from page 70 on the network. One year, the Grants’ 200 points might cover two weeks in a typical resort guest room; the next year, the same 200 points could allow the Grants to stay for one week in a luxurious suite with a beautiful view. And so on.

lodging: they’ll pay $800 maintenance instead of the $3,000 going rate.

In such a situation, it will take more than 11 years for the annual savings to justify the upfront outlay, assuming no resale value. If there were a resale value, the numbers would be much different.

Reprinted from CPA Client Bulletin. n

Pros and Cons Timeshare enthusiasts express many reasons to make this choice. You’re guaranteed a place to stay on vacation, perhaps an extremely desirable one, without having to purchase and maintain a second home year-round. In a far-flung network, you might have access to some splendid vacation opportunities. Having a timeshare may force even the most dedicated workaholics to spend some time sailing or skiing. Moreover, as the timeshare promoters might say, you could be paying for tomorrow’s vacations at today’s prices.

Among their drawbacks, the financial benefits of timeshares are uncertain, to say the least. You’ll have a substantial upfront outlay, far more than the cost of vacation lodging for a year or two. If you make a partial initial payment, the seller probably will offer financing, but the interest charges might be steep.

You’ll also have annual maintenance fees to pay, and perhaps some extra costs for using certain features of the plan.

Moreover, timeshares may have little or no resale value. Indeed, one strategy is to acquire a timeshare on a growing online secondary market, for a fraction of the initial price. You’ll have to pay future maintenance fees, though.

Trusted Advice Taxing Timeshares • Generally, the tax benefits of putting money into a timeshare are limited.

• You may be able to deduct property tax if you itemize deductions. You’ll need to be able to identify how much of your annual maintenance goes for property tax.

• Similarly, you might be able to deduct interest, if you finance your purchase.

Several rules must be followed, including: you’re not allowed to deduct home mortgage interest on more than two residences, and the loan must be secured by the timeshare you purchased.

• A loss on a timeshare sale typically is not deductible. A gain will be taxable, but favorable long-term capital gains rates apply on a timeshare held more than one year.

• Different rules apply if you rent your timeshare.

Proceed with Caution Ultimately, you should approach a timeshare as you’d evaluate any major outlay. Don’t make a snap decision, especially after hearing a persuasive sales pitch.

Read the contract carefully and get answers to any questions that arise. Crunch the numbers.

Example 3: In example 2, the Grants pay $25,000 for a timeshare; each year they can use 200 points for vacations in the network. The Grants calculate that 200 points will get them around $3,000 worth of vacation lodging, at current rates. Assume the maintenance on this hypothetical timeshare is $800 a year. If so, the Grants will save $2,200 on their

JUNE, 2016

MBO Precast Inc. 4 Marion Drive • Carver, MA 02330 T: 508-866-6900 • F: 508-866-5252

www.MBOPrecast.com Stone Strong Retaining Wall Systems Manholes / Catch Basins / Custom Structures Septic Tanks / Leaching Products

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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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Advertisers’ Index APJ Equipment Corp..................................................... 66 ATS Equipment, Inc. .................................................... 20 Acme Shorey Precast Co., Inc........................................ 6 Adler Tank Rentals........................................................ 56 Aggregate Industries - N.E. Region.............................. 62 American Shoring, Inc.................................Ins. Back Cvr. Aon Construction Services Group................................ 69 Boro Sand & Stone Corp.............................................. 52 Dennis K. 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H. Perkins Construction Co., Inc.............................. 72 Podgurski Corp............................................................. 64 E. J. Prescott, Inc....................................... Ins. Front Cvr. Rain For Rent-New England......................................... 28 Read Custom Soils ...................................................... 52 Ritchie Bros. Auctioneers............................................. 54 Rogers & Gray Insurance............................................. 12 Schmidt Equipment, Inc.....................................Back Cvr. Scituate Concrete Products Corp................................. 14 Scrap-It, Inc................................................................... 51 Shea Concrete Products, Inc. ...................................... 24 Smith Print..................................................................... 64 Southern Redi-Mix Corporation.................................... 57 Starkweather & Shepley Ins. Brokerage, Inc................ 64 Systems Support Corporation...................................... 44 Ti-SALES, Inc. .............................................................. 58 Tonry Insurance Group, Inc............................................ 9 TruckTap........................................................................ 38 United Concrete Products..............................................11 United Rentals Trench Safety......................................... 8 The Vellano Companies, Inc......................................... 13 C. N. Wood Co., Inc. .................................................... 42 Woodco Machinery, Inc................................................ 10 Xylem Dewatering Solutions Inc. dba Godwin Pumps..... 55

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