February 2013 CO Web

FEBRUARY, 2013

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IN THIS ISSUE

CONSTRUCTION OUTLOOK published monthly by the Utility Contractors’ Association of New England, Inc., 300 Congress Street, Suite 101, Quincy, MA 02169; Tel: 617.471.9955; Fax: 617.471.8939; E-mail: [email protected]; 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.

Editor: Anne Klayman, Associate Editor: Suzanne Savage, Graphic Designer: Sherri Klayman Construction Outlook Chairman: Al MorteoEditorial Board: Al Morteo, Tony Borrelli, John Our and Paul Scenna

“BUY FROM THE ADVERTISERS IN CONSTRUCTION OUTLOOK” 1

3 President’s Message: Will the Commonwealth’s Water and Sewer Infrastructure Needs be Addressed in this

Legislative Session?

5 Legislative Update:• UCANE Files Legislative Priorities for the 2013-2014 Legislative Session• Governor Patrick Files Proposed FY14 Budget; Proposes Increase to Income Tax and

Reduction in Sales Tax• Legislature’s Ranks Thin as Senator Hart and Representative Walz Leave for the Private

Sector• Patrick-Murray Administration Releases Long Awaited Transportation Funding Report• Patrick-Murray Administration and Legislature Look to Freeze Unemployment Insurance Rates

15 MassDEP Releases Draft CY2013 Clean Water & Drinking Water SRF Lists Totaling Over $390.2 Million

23 Barnstable County Charts Path for Wastewater Management in Hopes of Speeding Up Projects

27 New England Chapter Society of Explosive Engineers Expo 2013

29 UCANE Presents OSHA’s 10-Hour Safety Training Course

30 UCANE’s 2nd Annual Appreciation Night Trade Show

31 Senator Murray Files $3.35 Million Funding Request for Cape-Wide Wastewater Planning

34 Associate Member of the Month: Shea Concrete Products...A Leader in the New England Precast Concrete Industry

41 FYI...Reduction of Lead in Drinking Water Act

42 UCANE’s January Dinner Meeting

48 UCANE Has a New Website

49 Benefits & HR Strategies: Get on the Right HR Compliance Track in 2013

50 UCANE Welcomes the Following New Members

53 Environmental Viewpoint: Massachusetts DEP’s Proposed Reforms to Asbestos Regulations

57 Financial Management:• Tax Breaks for Supporting a Parent• Covered Calls Offer High Yields but Limit Gains• Business Owners Should Consider a Real Estate Purchase and Leaseback

FEBRUARY, 2013

OFFICERS

PresidentAL MORTEOFED. CORP.

President-ElectTONY BORRELLI

Celco Construction Corp.

TreasurerJOHN OUR

Robert B. Our Co., Inc.

SecretaryPAUL SCENNA

Albanese D&S, Inc.

BOARD OF DIRECTORS

MARCELLA ALBANESEAlbanese Bros., Inc.

JEFF BARDELLDaniel O’Connell’s Sons, Inc.

VINCENT BARLETTABarletta Heavy Division

MICHAEL BISZKO, IIIBiszko Contracting Corp.

STEVEN COMOLETTIP. Caliacco Corp.

MAUREEN DAGLEDagle Electrical Const., Corp.

ADAM DeSANCTISDeSanctis Ins. Agency, Inc.

THOMAS DESCOTEAUXR. H. White Const. Co., Inc.

JERRY GAGLIARDUCCIGagliarducci Construction, Inc.

MARCO GIOIOSOP. Gioioso & Sons, Inc.

BILL IRWINC.J.P. & Sons Const. Co., Inc.

PHIL JASSETHonorary Board Member

BILL KEAVENEYA. R. Belli, Inc.

ROBERT LEEJ. F. White Contracting Co.

RYAN McCOURTMcCourt Construction Co.

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

LOUIS SCHOOLCRAFTTi-SALES, Inc.

ANNE KLAYMANExecutive Director

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Branch Manager: Dick Madden 978.835.4580 (Cell)

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Will the Commonwealth’s Water and Sewer Infrastructure Needs be

Addressed in this Legislative Session?Water Infrastructure Proposals Filed in the Legislature

Accordingly, legislators from across the Com-monwealth have filed a variety of proposals to meet the funding needs identified by the

Massachusetts Water Infrastructure Finance Com-mission (WIFC) last year. For example, Senator Jamie Eldridge (D-Acton) and Representative Caro-lyn Dykema (D-Holliston), co-chairs of the WIFC, have filed competing versions of legislation aimed at meeting the over $19 billion funding gap for wa-ter and sewer infrastructure. Whether through lan-guage advocating for significant bonding, creation of a statewide water infrastructure bank or even the reduction of the interest rate for SRF loans to 0%, legislators are starting to focus on one of the Com-monwealth’s greatest needs. In an effort to continue to press this issue, UCANE has worked with Rep-resentative Sean Garballey (D-Arlington), an intel-ligent and forward-thinking legislator, to file “An Act Relative to Improve Public Health, Environmental and Economic Development through Investment in Water and Sewer Infrastructure”. This legislation, which attempts to create a funding mechanism to

directly assist cities and towns, is one of the many initiatives that UCANE will be working to advance this session.

Notwithstanding our and other similarly minded groups and legislators intentions, the road ahead of us is filled with competing interests. You have undoubtedly read about the Commonwealth’s $20 billion transportation funding crisis, the increased costs of education and the rise of our state health programs. Governor Patrick has proposed meeting these funding needs by raising the income tax, re-ducing the sales tax, and eliminating a host of indi-vidual and corporate tax deductions. In his budget, the Governor proposes creating a large infrastructure bank where water and sewer funding are lumped into an all inclusive category of “publicly-owned in-frastructure” which includes highways, bridges, mass transit, bike paths, airports and public housing, to name just a few. Among all those interests, needed water and sewer infrastructure projects may still go unaddressed.

As the 2013-2014 legislative session began this past month, members of UCANE were heartened to hear Senate President Therese Murray (D-Plymouth) state that water infrastructure is one of the most pressing problems facing the Commonwealth. Citing drinking and wastewater needs as a “very pressing en-vironmental issue” that “poses as a major threat to our economy”, the Senate President identified water infrastructure as a major priority for this session. While the Senate President should be praised for embracing this important goal, there is a long way to go to make this vision a reality.

FEBRUARY, 2013 “BUY FROM THE ADVERTISERS IN CONSTRUCTION OUTLOOK” 3

continued on page 4

President’s Message continued from page 3

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The legislative session ahead presents many challenges and yet many opportunities. I think every UCANE member knows this is going to be a difficult process as our interests (water and sewer) compete for scarce funds with other equally important programs. How-ever, our main goal is to put work on the street by helping local municipalities obtain funds to proceed with their water and sewer projects, many of which have been delayed or canceled because of the present economic situation. Understanding that every program will need to find its own dedicated funding source, UCANE and other interested organizations have en-couraged the filing of legislation to address our water and sewer infrastructure needs. To be successful, we will need the support of our members, and all local personnel involved with the delivery of water and sewer services. As the Senate President said, our water and sewer infrastructure is one of the most press-ing needs facing the Commonwealth today. May the 2013-2014 legislative session provide the means for addressing this problem soon-er rather than later. n

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UCANE Files Legislative Priorities for the 2013-2014 Legislative Session

Lawmakers filed 5,266 bills to begin the 2013-2014 session by the mid-January filing dead-line. Of the bills filed, 1,769 were presented

in the Senate and 3,487 were filed in the House. Among some of the matters filed included measures designed to expand the bottle bill, address water and sewer infrastructure needs, gun control, the in-come tax and various local initiatives. More quirky filings included legislation relative to making Rex Trailer the official “cowboy” of the Commonwealth, motorcycle sound levels, and aviation awareness month.

UCANE refiled legislation concerning three of its identified areas of concern: cost adjustment; interest on retainage and updates to the “Dig-Safe” law. Along those lines, Senator James Timilty (D-Walpole) and Representative Antonio F.D. Cabral (D-New Bedford) filed An Act Relative to Cost Adjustment. Senator Anthony Petruccelli (D-East Boston) filed An Act Rel-ative to Interest on Retainage while Representative Cabral also filed An Act Relative to Improving Safety and Reducing the Cost of Construction (updating the Dig-Safe laws). It is anticipated that these measures will be sent to the Joint Committee on State Adminis-tration for their initial consideration.

In an effort to capitalize on the important work of the Massachusetts Water Infrastructure Finance Commission (MWIFC), UCANE has worked with Representative Sean Garballey (D-Arlington) to file legislation attempting to develop a funding solution for addressing the over $19 billion in water and sewer needs identified by the MWIFC. While recognizing that various water infrastructure proposals have been filed, UCANE aims to add another option for consid-eration in the hopes that some measure – whether UCANE’s or not – is adopted to provide municipalities with the resources to invest in water and sewer infra-

structure today. As this is a new filing, it is anticipated that this item will be referred to either the Joint Com-mittee on the Environment, Joint Committee on State Administration or the Joint Committee on Revenue.

UCANE looks forward to working with the vari-ous interested organizations, government agencies, and Committee members and staff to advance these proposals.

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Legislative Update continued from page 5

Governor Patrick Files Proposed FY14 Budget; Proposes Increase to Income Tax

and Reduction in Sales Tax

As reported in various media outlets, Gover-nor Deval Patrick released his FY2014 bud-get recommendations in the latter part of

January. In an effort to provide revenue sources necessary for maintaining many of the budget rec-ommendations, the Governor proposed a variety of revenue measures designed to keep the Common-wealth competitive while still generating needed funds. Specifically, the Governor has proposed rais-ing the state income tax to 6.25%, while reducing the state sales tax to 4.25%. In addition, the Gov-ernor has proposed eliminating a variety of personal and corporate tax exemptions and deductions. As expected, the revenue proposals were met with mixed reactions.

Of note to UCANE members, the Patrick-Murray Administration also proposed the following:

• Commonwealth Rate Relief. The Governor eliminated funding for the Commonwealth Rate Relief line item, 1231-1000. This is no different from the Governor’s recommenda-tion last year; however, the House and Senate refunded the line-item at $500,000 for FY13.

• Water Pollution Abatement Trust (WPAT) Contract Assistance. The Governor recom-mended $63 million for the Water Pollution Abatement Trust Contract Assistance (line-item 1599-0093). The final appropriation to this line-item in FY13 was $61.5 million.

• DEP Administration. Last year, the final ap-propriation to line-item 2200-0100 was $25.9 million, which was very close to the Gover-nor’s FY13 recommendation of $25 million. This year, the Governor recommends an over $2 million increase to $27,872,469.

• Safe Drinking Water Act. The Governor recommends a $1.5 million appropriation to line-item 2250-2000, which would be a slight increase of approximately $70,000 over FY13 funding.

• Cape Cod Study. Last year the Governor eliminated this line-item and recommends the same for FY14. The House and Senate re-populated the line item in FY13 and funded

2260-8875 for the development of a wastewa-ter smart map and cost model for the Cape Cod region at $350,000.

• Watershed Management Program. The Governor recommends approximately $1 mil-lion to line-item 2800-0101, which is in line with the FY13 appropriation.

• Stormwater Management. Governor Patrick recommends $405,000 to line-item 2800-0401, which is a slight increase over last year’s final appropriation of $397,000.

The Governor’s legislative proposal has been sent to the House Committee on Ways and Means for further consideration. It is anticipated that the House will take this matter up in April with the Senate follow-ing shortly thereafter in May.

continued on page 9

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Legislature’s Ranks Thin as Senator Hart and Representative Walz Leave for the Private Sector

State Senator Jack Hart (D-Boston) and State Representative Marty Walz (D-Boston) an-nounced their resignations in January. Both

veteran legislators had risen in their respective branches to positions of senior leadership.

Representative Walz, a Back Bay Democrat, will resign from the House in mid-February to become the President and CEO of the Planned Parenthood League of Massachusetts.

Walz, 51, who will leave after starting her fifth term in the House of Representatives earlier this month, will join Planned Parenthood in early March.

Walz has represented the 8th Suffolk District in the House since 2005. In the last session, she served as the Assistant Vice Chairwoman of the House Ways and Means Committee. Her district in-cludes the Back Bay and Beacon Hill neighborhoods in Boston and parts of Cambridge.

In 2007, Walz was the lead sponsor of a bill that created a 35-foot buffer zone to protect the privacy and safety of patients visiting family planning clinics

in Massachusetts. Previously the House Chair of the Joint Committee on Education, she shepherded the passage of anti-bullying legislation passed in 2010.

While the departure of Representative Walz was a surprise, the departure of Senator Hart sparked an even greater wave of interest throughout the Common-wealth. At one point, Senator Hart was considered the leading candidate as the next Senate President given Senate President Therese Murray’s (D-Plymouth) term limit in 2014. Senator Hart, who spent 16 years on Beacon Hill, where he served in the House before winning the Senate seat, was the Assistant Majority Leader in the last session. He is known as a fierce defender of his South Boston based district and works to ensure the success of the Boston Convention and Exhibition Center (BCEC). In leaving the State House, Senator Hart will be joining a national law firm with his chief of staff, Jennifer Jackson.

Elections to fill the remainder of the terms for these legislators will occur in Spring.

continued on page 11


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Patrick-Murray Administration Releases Long Awaited Transportation Funding Report

The Massachusetts Department of Transpor-tation (MassDOT) released its long-anticipat-ed needs and funding study in mid-January.

The plan addresses systemic budget deficits at the MBTA, MassDOT and the 15 Regional Transit Au-thorities, much of which has been caused by the debt burden related to the “Big Dig”/Central Artery Project. Citing that the long-term financing plan shows the state needs $684 million to operate the current system, the plan calls for an additional need-ed investment in transportation assets of $5.2 billion over ten years in road and highway repair in order to reduce the number of structurally deficient bridges and ease congestion on major arteries throughout the state; $3.8 billion to invest in existing transit services; and $275 million for Registry and airport maintenance.

The plan identifies a number of high-impact transportation projects across Massachusetts that, if built, will ideally create thousands of jobs and spur economic development across the Commonwealth. In all, the plan identifies a $1.02 billion average ad-ditional need each year to create a 21st century trans-portation network.

According to MassDOT, additional operating needs are as outlined:

MassDOT: $371 million in FY14; $4.4 billion over 10 years. The proposed new funding will allow MassDOT to end the decades-long practice of funding operating costs – personnel, rent, utilities, lawn mow-ing, etc – with borrowed funds. Currently, for every dollar MassDOT spends today on these items, it pays $1.76 in principal and interest costs. Appropriately pay-ing for these items with operating funds will save the Commonwealth money over time and free up capital dollars to invest in infrastructure improvements.

Regional Transit Authorities: $100 million in FY14; $1.1 billion over 10 years. This additional in-vestment will allow the RTA’s to end the practice of borrowing, with interest costs, to fund annual oper-ating costs by instead forward-funding each agency. Beginning in FY15, the additional $100 million will be used to expand RTA service by adding hours of op-eration, increasing frequency on existing routes and adding new service.

MBTA: $166 million in FY14; $3.2 billion over 10 years. This new investment will allow the MBTA to close its current and projected budget deficits, much of which is caused by the debt burden related to the

Central Artery public transit commitments. Beginning in FY14, $25 million in annual operating funds will also be available to provide modest service enhance-ments such as possibly expanding evening hours, re-storing weekend service in areas that have been cut and improved customer service.

In addition to paying for daily operations, the 21st-Century Plan calls for a $13 billion infusion of capital investment funds. These funds, which would supple-ment the Patrick-Murray Administration’s current cap-ital investment plans, will allow MassDOT to address a backlog of deferred maintenance and improve current assets in order to reduce congestion on the Commonwealth’s roads, curb delays and minimize crowding on the MBTA trains and buses and improve customer service at various facilities.

To view more about the MassDOT Transporta-tion Needs and Financing Plan, please visit: http://www.massdot.state.ma.us/Portals/0/docs/infoCen-ter/docs_materials/TheWayForward_Jan13.pdf


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Patrick-Murray Administrationand Legislature Look to

Freeze Unemployment Insurance Rates

In what has become a tradition in recent years, Governor Patrick has filed legislation to freeze the state’s unemployment rate. In response, the

Legislature seems receptive to freezing the Com-monwealth’s unemployment insurance in an effort to maintain a competitive business environment.

As many know, unemployment benefits are fund-ed by a tax on employers. Those whose employees have used the system more pay at a higher rate. Cur-rently, Massachusetts employers pay $726 per em-ployee, on average, in unemployment insurance tax-es, dramatically more than in most states. Without a rate freeze, a 2013 rate increase would boost the average cost per Massachusetts employee to $932, up from $726 in 2012 and $638 in 2010.

The 2013-2014 legislative session may also see broader changes to the unemployment system. For years, many legislators have advocated for reducing

the maximum benefit period, changing the payroll calculation time period, increasing the eligibility re-quirements and mandating higher rates for seasonal industries. UCANE will keep members apprised of any proposed changes to the unemployment law dur-ing this session. n

MassDEP Releases Draft CY2013 Clean Water & Drinking Water SRF Lists

Totaling Over $390.2 Million

$287.3 MILLION PROPOSED FOR CLEAN WATER SRF IN 2013

Table 1Clean Water State Revolving Fund CY2013 Draft Intended Use Plan

The Massachusetts Department of Environmental Protection (MassDEP), Division of Municipal Ser-vices, announced the Draft Calendar Year 2013

Intended Use Plan (IUP) which details the projects, borrowers and amounts that will be financed through the Clean Water State Revolving Fund (CWSRF) loan program. The CWSRF is a joint federal-state financing program that provides subsidized interest loans to waste-water systems for water pollution abatement projects. As noted in Table 1, Massachusetts is offering approximately

$287.3 million to finance Clean Water projects across the Commonwealth. Approximately $253.5 million will fund 23 new projects and an additional $14 million will be al-located towards funding previously approved multi-year projects. An additional $12.8 million will fund planning projects and $2 million will fund an emergency set-aside account. Also, $5 million will be directed to the Com-munity Septic Management Program to remediate failed septic systems in participating communities. The number of new projects could increase.

NEWPROJECTS 2013Rating Applicant SRFID Project ProjectCostIUPCost

TOTALOFNEWPROJECTS $510,146,000$253,534,000(Count:23) (AverageRating:102.91)



TABLE 1

CLEAN WATER STATE REVOLVING FUND Calendar Year 2013 CWSRF Draft Intended Use Plan NEW PROJECTS Rating Applicant SRF ID Project Project Cost 2013 IUP Cost 137 NEW BEDFORD (EJ) (RE)# 3799 CSO Abatement Program $178,500,000 $25,000,000 124 FALL RIVER (EJ) 3790 CSO Abatement Program $24,450,000 $24,450,000 122 CHICOPEE (EJ)# 3750 Wastewater, WWTF and Stormwater Improvements $4,430,000 $4,430,000 120 MARION 3792 Wastewater and Stormwater Improvement $19,310,000 $10,000,000 117 TAUNTON (EJ) 3793 SSES Phases 10-12 $15,000,000 $15,000,000 116 SAUGUS (EJ) 3807 SSO Reduction Subsystem 6 $3,246,000 $3,246,000 114 LOWELL (EJ)# 3828 Phase IA CSO Control Project $38,500,000 $15,000,000 111 MWRA 3824 CSO Phase 14 $29,237,000 $16,302,000 110 REVERE (EJ) 3832 Collection System Improvements $14,850,000 $14,850,000 109 CAMBRIDGE (EJ) 3819 Huron B Sewer Separation Project $35,507,000 $17,000,000 108 WORCESTER (EJ) 3763 Lake Ave Sewer I/I $1,475,000 $1,475,000 107 FRAMINGHAM (EJ) 3810 Pump Station Removal $16,181,000 $16,181,000 104 SHREWSBURY # 3760 Sewer I/I and Pump Station Improvement $4,350,000 $4,350,000 97 WAREHAM (EJ) 3802 Sewer System Extension $4,400,000 $4,400,000 92 FITCHBURG (EJ) 3765 Combined Sewer Separation Area 4D $17,997,000 $17,997,000 91 GLOUCESTER (EJ)# 3830 West Gloucester WW System Improvements $3,973,000 $3,973,000 86 GROTON 3752 CWMP Phase 1 Lost Lake Needs Area $11,880,000 $11,880,000 85 WESTBOROUGH 3774 Sewer Extensions $26,550,000 $13,000,000 85 CRPCD # 3759 WWF Improvements Phase C $25,070,000 $12,000,000 84 MALDEN (EJ) 3838 Sewer Improvements $5,000,000 $5,000,000 84 NORWOOD (EJ) 3801 Meadowbrook Area Sewer Rehab $2,700,000 $2,700,000 84 CHATHAM 3795 Collection System Extension and Improvements $24,240,000 $12,000,000 80 MWRA 3822 Clinton WWTP $3,300,000 $3,300,000 TOTAL OF NEW PROJECTS $510,146,000 $253,534,000 (Count: 23) (Average Rating: 102.91)

(EJ) - Environmental Justice Communities (RE) - Potential Renewable Energy Projects # - Projects contains Energy Efficiency, Renewable Energy, and/or meets EPA's definition of a Green Project (http://water.epa.gov/aboutow/eparecovery/index.cfm)


DEP/SRF continued from page 15

MULTI-YEARCARRYOVERANDSTATUTORYPROJECTS

Applicant SRFID Project ProjectCost2013IUPCost

MassDEPPRIORITYPROJECTSApplicant SRFID ProjectCost2013IUPCost

TOTALOFMULTI-YEARCARRYOVERANDSTATUTORYPROJECTS $282,889,417$14,000,000(Count:6)

TOTALOFMassDEPPRIORITYPROJECTS $2,000,000 $2,000,000(Count:1)

PLANNINGPROJECTSApplicant SRFIDProject ProjectCost2013IUPCost

TOTALOFPLANNINGPROJECTS $12,815,000 $12,815,000(Count:15)

TOTALOFDRAFTINTENDEDUSEPLAN $807,850,417$282,349,000


MULTI-YEAR CARRYOVER AND STATUTORY PROJECTS Applicant SRF ID Project Project Cost 2013 IUP Cost

MWRA 3668 Nut Island Headworks Electrical & Conveyor Improv. $8,700,000 $4,700,000 MWRA 3134 Deer Island Treatment Plant Improvements $81,559,117 $1,800,000 MWRA 2885 Wastewater Treatment Plant and Sewer Improvements $46,198,383 $2,000,000

MWRA 2870 Electrical Upgrades $73,215,641 $2,000,000 MWRA (RE)# 3543 DITP Electrical and Plant Upgrades $51,436,276 $1,500,000 MWRA (RE)# 3542 DITP Digester and Cryogenics Upgrade $21,780,000 $2,000,000 TOTAL OF MULTI-YEAR CARRYOVER AND STATUTORY PROJECTS $282,889,417 $14,000,000 (Count: 6)

MassDEP PRIORITY PROJECTS Applicant SRF ID Project Project Cost 2013 IUP Cost

EMERGENCY SRF SET-A-SIDE 2977 $2,000,000 $2,000,000 TOTAL OF MassDEP PRIORITY PROJECTS $2,000,000 $2,000,000 (Count: 1)

PLANNING PROJECTS Applicant SRF ID Project Project Cost 2013 IUP Cost ABINGTON 3797 CWMP $725,000 $725,000 BROCKTON 3806 Stormwater Management Plan $200,000 $200,000 CHICOPEE 3751 IMSWRMP $1,000,000 $1,000,000 EASTHAMPTON 3749 IWRMP $1,100,000 $1,100,000 GLOUCESTER 3820 WW & SW System Inventory $1,000,000 $1,000,000 LAWRENCE 3809 CMOM and SSES $1,920,000 $1,920,000 MALDEN 3839 Stormwater Management Plan $500,000 $500,000 MELROSE 3821 Stormwater Management Plan Implementation $473,000 $473,000 NEW BEDFORD 3798 Phase II WW and Stormwater plan $2,000,000 $2,000,000 NORWOOD 3800 Stormwater Planning $500,000 $500,000 PLAINVILLE 3796 I/I Program $225,000 $225,000 REVERE 3831 Field Investigation and Illicit Connection Detecti $1,500,000 $1,500,000 REVERE 3817 CMOM Program $300,000 $300,000 RUTLAND 3753 CWMP $350,000 $350,000 WORCESTER 3762 Lake Ave SSES $1,022,000 $1,022,000 TOTAL OF PLANNING PROJECTS $12,815,000 $12,815,000 (Count: 15)

TOTAL OF DRAFT INTENDED USE PLAN $807,850,417 $282,349,000

TABLE 1

CLEAN WATER STATE REVOLVING FUND Calendar Year 2013 CWSRF Draft Intended Use Plan NEW PROJECTS Rating Applicant SRF ID Project Project Cost 2013 IUP Cost 137 NEW BEDFORD (EJ) (RE)# 3799 CSO Abatement Program $178,500,000 $25,000,000 124 FALL RIVER (EJ) 3790 CSO Abatement Program $24,450,000 $24,450,000 122 CHICOPEE (EJ)# 3750 Wastewater, WWTF and Stormwater Improvements $4,430,000 $4,430,000 120 MARION 3792 Wastewater and Stormwater Improvement $19,310,000 $10,000,000 117 TAUNTON (EJ) 3793 SSES Phases 10-12 $15,000,000 $15,000,000 116 SAUGUS (EJ) 3807 SSO Reduction Subsystem 6 $3,246,000 $3,246,000 114 LOWELL (EJ)# 3828 Phase IA CSO Control Project $38,500,000 $15,000,000 111 MWRA 3824 CSO Phase 14 $29,237,000 $16,302,000 110 REVERE (EJ) 3832 Collection System Improvements $14,850,000 $14,850,000 109 CAMBRIDGE (EJ) 3819 Huron B Sewer Separation Project $35,507,000 $17,000,000 108 WORCESTER (EJ) 3763 Lake Ave Sewer I/I $1,475,000 $1,475,000 107 FRAMINGHAM (EJ) 3810 Pump Station Removal $16,181,000 $16,181,000 104 SHREWSBURY # 3760 Sewer I/I and Pump Station Improvement $4,350,000 $4,350,000 97 WAREHAM (EJ) 3802 Sewer System Extension $4,400,000 $4,400,000 92 FITCHBURG (EJ) 3765 Combined Sewer Separation Area 4D $17,997,000 $17,997,000 91 GLOUCESTER (EJ)# 3830 West Gloucester WW System Improvements $3,973,000 $3,973,000 86 GROTON 3752 CWMP Phase 1 Lost Lake Needs Area $11,880,000 $11,880,000 85 WESTBOROUGH 3774 Sewer Extensions $26,550,000 $13,000,000 85 CRPCD # 3759 WWF Improvements Phase C $25,070,000 $12,000,000 84 MALDEN (EJ) 3838 Sewer Improvements $5,000,000 $5,000,000 84 NORWOOD (EJ) 3801 Meadowbrook Area Sewer Rehab $2,700,000 $2,700,000 84 CHATHAM 3795 Collection System Extension and Improvements $24,240,000 $12,000,000 80 MWRA 3822 Clinton WWTP $3,300,000 $3,300,000 TOTAL OF NEW PROJECTS $510,146,000 $253,534,000 (Count: 23) (Average Rating: 102.91)

(EJ) - Environmental Justice Communities (RE) - Potential Renewable Energy Projects # - Projects contains Energy Efficiency, Renewable Energy, and/or meets EPA's definition of a Green Project (http://water.epa.gov/aboutow/eparecovery/index.cfm)















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The CY2013 Draft Intended Use Plan (IUP) for the Drinking Water State Revolving Fund (DWSRF) loan program details the projects,

borrowers and amounts that will be financed through the DWSRF program. The DWSRF is a joint federal-state financing program that provides subsidized interest loans to water suppliers for their system infrastructure. As noted in Table 1,

Table 1Drinking Water State Revolving Fund CY2013 Draft Intended Use Plan

$102.9 MILLION PROPOSED FOR DRINKING WATER SRF IN 2013 Massachusetts is offering approximately $102.9 million to finance drinking water projects across the Commonwealth. Approximately $84.5 million will fund 16 new projects, and an additional $16.4 million will be allocated towards funding 9 previ-ously approved multi-year projects and a $2 million emergency set-aside account. The number of new projects could increase.

NEWPROJECTS 2013Rating Applicant SRFID Project ProjectCostIUPCost

TOTALOFNEWPROJECTS $154,647,000$84,552,000(Count:16) (AverageRating:58.75)



TABLE 1 DRINKING WATER STATE REVOLVING Calendar Year 2013 DWSRF Draft Intended Use Plan NEW PROJECTS Rating Applicant SRF ID Project Project Cost 2013 IUP Cost 92.0 BELLINGHAM 3771 New Water Treatment Plants $15,350,000 $15,350,000 73.0 LAWRENCE (EJ)# 3814 Water Main Replacement $21,895,000 $10,000,000 70.0 TRI-TOWN WATER BOARD (EJ)# 3783 New Replacement Regional Water Treatment $45,000,000 $1,000,000

69.0 * CHESTER 3766 Water Treatment Plant Improvements $375,000 $375,000 62.0 RANDOLPH (EJ) 3777 Water System Improvements $5,545,000 $5,545,000 60.0 FALL RIVER (EJ) 3787 Water Main Improvements Phase 13 $1,075,000 $1,075,000 59.0 * COHASSET (RE)# 3776 install solar tank mixers, new roof and pv panels $1,400,000 $1,400,000 55.0 MEDWAY 3768 Water Main Replacement $2,000,000 $2,000,000 52.0 NORTON (RE)# 3786 Water Treatment Plant $6,700,000 $6,700,000 51.0 MALDEN (EJ)# 3837 Water Distribution Systems Improvements $9,315,000 $9,315,000 51.0 SCITUATE WATER DIVISION 3785 Pump Station Improvements and Greesand Filter Plan $3,590,000 $3,590,000 (RE)# 51.0 LOWELL (EJ)# 3769 Redundant Transmission Main $7,957,000 $7,957,000 51.0 BARNSTABLE (EJ) 3780 Hyannis Water System Improvements $3,170,000 $3,170,000 50.0 WEBSTER (EJ) 3761 Water Main $2,140,000 $2,140,000 50.0 SPRINGFIELD WSC (EJ) 3756 South Water Transmission Main Replacement $28,200,000 $14,000,000 44.0 * TURNERS FALLS 3755 Hannegan Brook Well Pump Station $935,000 $935,000 TOTAL OF NEW PROJECTS $154,647,000 $84,552,000 (Count: 16) (Average Rating: 58.75)

* - Small System (EJ) - Environmental Justice Communities (RE) - Potential Renewable Energy Projects # - Projects contains Energy Efficiency, Renewable Energy, and/or meets EPA's definition of a Green Project (http://water.epa.gov/aboutow/eparecovery/index.cfm)

MassDEPPRIORITYPROJECTS

Applicant SRFID ProjectCost2013IUPCost

TOTALOFMassDEPPRIORITYPROJECTS $2,000,000 $2,000,000(Count:1)




CHERRY VALLEY & ROCHDALE 3691 Modification to Water Treatment Plant $1,882,300 $1,882,300 WATER DISTRICT (EJ)#

LAWRENCE (EJ)(RE)# 3719 Water Infrastructure Improvement $8,522,025 $4,522,025 MWRA 3160 NHS - Revere & Malden Pipeline $10,457,816 $1,000,000 MWRA 3050 Northern Low Service Area Rehabilitation $18,346,655 $1,000,000 MWRA 3049 New Connecting Mains $47,880,847 $1,500,000 MWRA 3048 Lower Hultman Aqueduct Rehabilitation $53,112,388 $1,500,000 MWRA 1680 Southern Spine Distribution Mains $65,685,888 $1,000,000 MWRA 1679 Blue Hills Covered Storage $40,687,106 $1,500,000 MWRA # 3727 Low Service Storage $67,851,000 $2,500,000 TOTAL OF MULTI-YEAR CARRYOVER AND STATUTORY PROJECTS $314,426,025 $16,404,325 (Count: 9)


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MULTI-YEARCARRYOVERANDSTATUTORYPROJECTS

Applicant SRFID Project ProjectCost2013IUPCost

TOTALOFMULTI-YEARCARRYOVERANDSTATUTORYPROJECTS $314,426,025$16,404,325(Count:9)

TOTALOFDRAFTINTENDEDUSEPLAN $471,073,025$102,956,325





CHERRY VALLEY & ROCHDALE 3691 Modification to Water Treatment Plant $1,882,300 $1,882,300 WATER DISTRICT (EJ)#

LAWRENCE (EJ)(RE)# 3719 Water Infrastructure Improvement $8,522,025 $4,522,025 MWRA 3160 NHS - Revere & Malden Pipeline $10,457,816 $1,000,000 MWRA 3050 Northern Low Service Area Rehabilitation $18,346,655 $1,000,000 MWRA 3049 New Connecting Mains $47,880,847 $1,500,000 MWRA 3048 Lower Hultman Aqueduct Rehabilitation $53,112,388 $1,500,000 MWRA 1680 Southern Spine Distribution Mains $65,685,888 $1,000,000 MWRA 1679 Blue Hills Covered Storage $40,687,106 $1,500,000 MWRA # 3727 Low Service Storage $67,851,000 $2,500,000 TOTAL OF MULTI-YEAR CARRYOVER AND STATUTORY PROJECTS $314,426,025 $16,404,325 (Count: 9)


TABLE 1 DRINKING WATER STATE REVOLVING Calendar Year 2013 DWSRF Draft Intended Use Plan NEW PROJECTS Rating Applicant SRF ID Project Project Cost 2013 IUP Cost 92.0 BELLINGHAM 3771 New Water Treatment Plants $15,350,000 $15,350,000 73.0 LAWRENCE (EJ)# 3814 Water Main Replacement $21,895,000 $10,000,000 70.0 TRI-TOWN WATER BOARD (EJ)# 3783 New Replacement Regional Water Treatment $45,000,000 $1,000,000

69.0 * CHESTER 3766 Water Treatment Plant Improvements $375,000 $375,000 62.0 RANDOLPH (EJ) 3777 Water System Improvements $5,545,000 $5,545,000 60.0 FALL RIVER (EJ) 3787 Water Main Improvements Phase 13 $1,075,000 $1,075,000 59.0 * COHASSET (RE)# 3776 install solar tank mixers, new roof and pv panels $1,400,000 $1,400,000 55.0 MEDWAY 3768 Water Main Replacement $2,000,000 $2,000,000 52.0 NORTON (RE)# 3786 Water Treatment Plant $6,700,000 $6,700,000 51.0 MALDEN (EJ)# 3837 Water Distribution Systems Improvements $9,315,000 $9,315,000 51.0 SCITUATE WATER DIVISION 3785 Pump Station Improvements and Greesand Filter Plan $3,590,000 $3,590,000 (RE)# 51.0 LOWELL (EJ)# 3769 Redundant Transmission Main $7,957,000 $7,957,000 51.0 BARNSTABLE (EJ) 3780 Hyannis Water System Improvements $3,170,000 $3,170,000 50.0 WEBSTER (EJ) 3761 Water Main $2,140,000 $2,140,000 50.0 SPRINGFIELD WSC (EJ) 3756 South Water Transmission Main Replacement $28,200,000 $14,000,000 44.0 * TURNERS FALLS 3755 Hannegan Brook Well Pump Station $935,000 $935,000 TOTAL OF NEW PROJECTS $154,647,000 $84,552,000 (Count: 16) (Average Rating: 58.75)

* - Small System (EJ) - Environmental Justice Communities (RE) - Potential Renewable Energy Projects # - Projects contains Energy Efficiency, Renewable Energy, and/or meets EPA's definition of a Green Project (http://water.epa.gov/aboutow/eparecovery/index.cfm)

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Barnstable County Charts Path for Wastewater Management in Hopes

of Speeding Up Projects

Barnstable County has a ten-year track record of supporting local efforts to address wastewater. The County has provided support in the form of technical expertise and funding. In response to the growing challenges faced by Cape Cod

communities, the County has taken on a more proac-tive role. The analysis has revealed that towns are challenged by many fundamental factors that are in-dependent of local will or commitment to addressing the issue. The following challenges and impediments that stand in the way of community action are:

1. Towns lack the resources to finance effective so-lutions and, individually, cannot raise sufficient funds from state and federal sources to make a meaningful contribution to the affordability of any substantial project.

2. Inter-municipal cooperation: Although two-thirds of Cape watersheds are shared between two or more towns, towns have great difficulty developing inter-municipal agreements without assistance. The technical issues around cost sharing and apportionment, operational stan-dards and burden sharing create barriers to co-operation that are often insurmountable. Towns acting alone tend to propose more infrastructure than would be required if they acted as part of a

Andrew Gottlieb, Executive DirectorCape Cod Water Protection Collaborative

coordinated watershed based approach. Over-building wastewater infrastructure will not only increase costs for Cape residents, it could also induce unplanned and uncoordinated growth and development.

3. Resource constraints: By and large, towns do not have staff with a deep and specific knowl-edge of wastewater management planning and infrastructure development. As a result, towns are forced to hire costly wastewater engineer-ing firms to address the highly technical issues that arise in identifying options and implementing wastewater management solutions. The plans that result from this process do not put the town in the best possible position to minimize the cost and scope of a management strategy. In addition, firms are hired to represent a single municipality, and therefore they typically do not advance solu-tions that address an entire shared watershed.

4. Regulatory restraints: The current regulatory environment drives towns to plan on a town-by-town basis. The application of the federally driven regulatory requirements and associated enforce-ability requirements pushes towns toward costly overbuilt solutions.



In the spring of 2012 the Barnstable County Com-missioners directed the Executive Directors of the Cape Cod Water Protection Collaborative and the Cape Cod Commission to assess their respective roles in wastewater management. Specifically the questions to be evaluated were if a less reactive County and Commission role in wastewater man-agement would result in a more timely clean up and protection of Cape waterways, minimize the infrastructure built to improve water quality and both minimize the overall cost of wastewater management and lower the impact on individual rate payers.

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Barnstable Countycontinued from page 23



Based on the above assess-ment, the general direction of the final recommendations is as fol-lows:

1. There is no basis to recom-mend an MWRA style single treatment plant approach for the Cape. Such a system, al-though significantly less ex-pensive than a Town by Town approach, would overbuild infrastructure beyond any rea-sonable estimate of what might be needed. It would cause widespread social and eco-nomic harm to the region and would be a land use disaster. No proposal to support such a system has ever been consis-tent with the County approach to wastewater. Such a system has never had the support of the Commissioners or the staff at any level.

2. The logical planning and man-agement scale for the most economical and logical solutions would be at the watershed level. The circumstances unique to each watershed must be taken into account in devising the most economical, environmen-tally effective and appropriately scaled solutions to the problems in each embayment. While an overall County policy approach is appropriate, the right level of specific planning and implemen-tation should be done not at the regional or even the town level, but at the watershed level. While many anticipated the recommended solution to be management at the regional level, the analy-sis concluded that going local beyond the town level is actually in the Cape’s collective best inter-ests. Within each watershed it is envisioned that multi-stakeholder based planning efforts that the County could help facilitate to be the best vehicle to tailor adaptive management-based solutions to the needs of each embayment.

3. The region wide plan will provide technical as-sistance and guidance to enhance the local plan-ning process. County-based resources can sup-port local planning efforts at the watershed level by breaking the cycle of dependency on outside parties and by bringing common understanding of the needs of watersheds to the discussion. The expansion of existing practice of County

support to local efforts will relieve town budgets of financial burdens and enhance their ability to participate in the development of appropriate scale solutions. A coordinated, countywide plan based on a watershed based stakeholder public process can be presented to federal and state agencies to support funding for the entire region.

4. The plan will recommend a Cape-wide strat-egy facilitating inter-municipal cooperation and agreements where they produce cost-effective implementation of solutions.

5. The plan will advocate for the creation of Cape-wide regulatory reform and innovation enabling the Cape to devise and implement solutions over a time period that meets our needs. Additional support of non-governmental organizations in monitoring the effectiveness of implemented strategies is necessary to ensure that resources are being used efficiently. In addition, the County should continue its role in monitoring and evalu-ating innovative technologies and use this infor-mation to dialogue with DEP and EPA to gain regulatory acceptance.

6. The County needs to advocate on behalf of a Cape-wide contribution from the state and fed-eral governments of half the overall capital cost

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of all management solutions. The taxpayers of the region are simply unable to bear more than half the cost of the combination of solutions to this problem. The region is a net contributor of funding to the Commonwealth and is the home of waters and natural resources of national signifi-cance. The region has a case to make for state and federal resources, but this can only be effec-tively pursued on a Cape-wide level, Towns lack the ability to advocate individually for the scale of resources required to provide the required relief to our taxpayers.

The framework these recommenda-tions provide form the basis of an appro-priate role for the County and the Cape Cod Commission that builds upon, but does not supplant, the important and on-going local initiatives. The County Com-missioners will seek ongoing public input prior to finalizing the recommendation by the spring.

Updates on the process may be found at www.capekeepers.com n

Barnstable County continued from page 25

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In a speech delivered to the Senate on Janu-ary 2, Senate President Therese M. Murray (D-Plymouth) put water quality issues high

on her to-do list, and then took action by filing a $3.35 million funding request to support wastewater man-agement on Cape Cod.

"We'd been talking to [the Massachusetts Depart-ment of Environmental Protection] about the necessity of it," Sen. Murray said in a phone interview, "and they have given these grants in other parts of the state.

The money from the Massachusetts Water Pol-lution Abatement Trust, a state revolving fund, was approved on Wednesday and will go directly to the Cape Cod Commission to implement a regional wa-ter quality management plan.

Under Section 208 of the Clean Water Act, areas with "substantial water quality problems" are required to designate a regional entity to update that area's wastewater management plan, and the Massachu-setts Executive Office of Energy and Environmental Affairs has recommended the Cape Cod Commis-sion to fill that role.

Governor Deval L. Patrick must approve that rec-ommendation as a formality, and Sen. Murray said she expects the governor to issue that approval.

Sen. Murray predicted the trust's approval, stat-ing the three-member board would be "very open to it." She noted that State Treasurer Steve Grossman, who sits on the board, has a second home on Cape Cod and understands firsthand "the importance to the economy" of clean water resources.

"If you can't swim in the ponds and the lakes on the Cape, or if you can't go into the ocean because of algae blooms, and you're not getting clean drink-

Senator Murray Files $3.35 Million Funding Request for Cape-Wide Wastewater Planning



ing water because the estuaries are all clogged, and you're not able to fish, who's going to come to the Cape?" she said.

In an instance of happy coincidence, the Barn-stable County Board of County Commissioners last week approved the creation of a Special Revenue Fund to accept and disburse monies associated with the implementation of a regional plan.

Andrew Gottlieb and Paul J. Niedzwiecki, respec-tively the executive directors of the Cape Cod Water Protection Collaborative and the Cape Cod Commis-sion, were last year charged by the commissioners to study wastewater management options for the region, and earlier this month submitted their plan to the county.

The overall goal of the wastewater management plan was to outline ways to make the most of the Cape's resources and policies in a manner that mini-mized infrastructure (i.e., sewer systems) and the cost to taxpayers, while still addressing in a timely manner the need to clean up the Cape's water resources.

Sen. Murray said this plan would need to be re-viewed and approved by the DEP, but she said the plan's regional approach and emphasis on solutions by watershed rather than by individual community is exactly what the DEP wants to see in a plan.

"The DEP is onboard," she said. "They've been right on top of this. They understand the importance of this."

She added that the Cape Cod Commission "has already done a good job" in preparing the plan, and she credited Mr. Niedzwiecki and Mr. Gottlieb for their work.

A release issued Wednesday by the Cape Cod Commission stated that $3 million of the funding

It is tradition for the leaders of the State House and Senate to lay out in their inaugural speeches their legislative and policy priorities for the coming session.

By Michael C. Bailey

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While our business will continue to grow, our commitments will remain the same:

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�• Be steadfast in our journey to be leaders in providing construction materials of the highest quality and in the way we manage our impact on the land, air and water resources, and people around our operations.

�• Be the leader in sustainable construction.

At Aggregate Industries, we know you rely on the products we produce, and we look forward to the next 100 years of servicing the communities across New England.

For more information about our Company and our products, please visit:

www.aggregate-us.com/_aius/regions/ne/ne_home.cfm

Delivering Value


Funding Request continued from page 31


would go toward plan development, and the rest would go toward the development of the commis-sion's web-based "Watershed MVP" wastewater management planning tool, which is expected to launch later this year.

The plan paints the county's role in water quality management as an advisory and advocacy entity that enhances, but does not supplant, town-level efforts. The Cape Cod Commission would provide technical assistance to towns working to strengthen local wa-ter quality management plans and help leverage state and federal funding for local and intermunicipal plan-ning and projects.

The current estimated price tag to thoroughly address water quality issues on the Cape is ap-proximately $8 billion, and the rec-ommendation is for the county to pursue state and federal funding to cover at least half that cost.

Sen. Murray said an added bo-nus of these recent advancements is that they send a message to the Conservation Law Foundation and the Coalition for Buzzards Bay—which are suing the US Environmen-tal Protection Agency and Cape Cod because they allegedly failed to meet their obligations under the federal Clean Water Act to control nitrogen loading in coastal embayments—that the Cape is "not trying to stum-ble along here. We want to move for-ward. We are taking it seriously and we know it has to be done,and this is one of the first steps."

Sen. Murray said Cape Cod is far from the only area dealing with water quality issues, although other parts of the state are facing problems due to outdated and un-der-maintained drinking water and wastewater infrastructures.

"We have huge infrastruc-ture needs," she said, explaining that maintenance projects have received less attention over the years than new projects. "Some of the sewer systems are 100 years old. Some of the water systems are equally as old...we build all these things, but we don't put a dime, not a dime into a fund to maintain them, so they deteriorate."

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understands the unique risks, insurance require-ments and surety demands of the construction industry. Managing risk can be very difficult. Which is why it’s critical to obtain adequate and proper insurance coverages. Our underwriting specialists will work with your best interests in mind when proposing solutions to your insurance needs.

When it’s time to navigate through the com-plexities of surety bonding, you can rely on our expertise and connections to get you aggres-sive representation and unbeatable access to industry decision-makers.

To discover the Driscoll difference, contact Tim Lyons, Bond Department Manager at 781-421-2560 or [email protected].

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UCANE half 1.12 color.indd 1 1/6/12 2:56 PM

The Water Infrastructure Finance Commission, formed in 2010, found that Massachusetts was facing "a collective gap of approximately $10.2 billion over the next 20 years in funding for drinking water and a gap of $11.2 billion over the next 20 years in fund-ing for wastewater," Sen. Murray said in her inaugural speech to the State Senate.

Addressing those funding gaps will be one of sev-eral issues addressed in a forthcoming "comprehen-sive proposal" being developed by the office of State Senator James B. Eldredge (D-Acton), which should be ready sometime this year, Sen. Murray said.

Reprinted with permission from The Falmouth Enterprise. n


ASSOCIATEMEMBEROFTHEMONTH

Shea Concrete Products can trace its beginnings back to 1949 when Ernie Shea founded the concrete block wholesale company in the backyard of his home in Wilmington, MA. This business continued for the next twenty years un-til a customer suggested that he start to look at another business opportunity just beginning to take-hold, that of precast concrete products for underground water and sewer utilities, specifically precast septic tanks. Precast concrete was new to the industry but Ernie saw it’s potential and purchased his first form, a 750-gallon septic tank. At that time casting was nothing like it is today. The family’s backyard was the plant, and without any of the modern machinery. Employees hand-batched concrete with a mixer and shovels and once the con-crete was batched they would run wheelbarrows up wooden planks and dump the concrete into the form. The company poured outdoors for more than twenty years before their first plant was built.

(L-R) Eddie Lopez, Nancy Shea-DeRose, Dave DeRose, Tony DiRocco, Katelyn Lopez, Mary DiRocco, Kathleen Shea, Greg Stratis, Brenda Stratis, Judi Shea, Ed Shea.



Today, Ernie’s son Ed and his wife Judi own Shea Concrete Products. When Ed took over the busi-ness he had a new approach. Ed stated, “My fa-

ther did very well, but we just did things differently.” Ed is described as a people person and he has used this combined with his keen business sense to establish the Shea Concrete brand.

Ed has expanded Shea Concrete through acquisi-tions that have brought in new product lines, customers, equipment and locations. In 2001 he put everything he owned up as collateral for his largest acquisition and then the 9/11 terrorist attack happened. Ed said that he was thinking, “What am I going to do? We’re going to be at

war and no one’s going to want to buy a septic tank.”

Ed’s vision of where the company needed to be to compete in the precast industry evolved into a modern company with four strategically located facilities around the New England region. According to Ed, “We started with one pick-up truck and six employees and we now have a fleet of 24 delivery trucks and nearly 100 employ-ees. All this allows us to quickly serve the diverse needs of our customers for quality products at a fair price.”

Today, Shea is headquartered in Wilmington, MA, with concrete mixing plants in Amesbury, and Rochester, MA and Nottingham, NH.

Three sided 6’ x 19’ bridge set on precast footings, Raynham, MA.

Metals Recycling - 10’ x 38’ Stormwater Detention Structure, Johnston, RI.

Box Culvert - 6’ x 6’ sloped down hill at the MassDOT Project, Haverhill, MA.

Water meter vault - 12’ x 12’ Amesbury Water Department Project, Amesbury, MA.

To say that Ed is proud of his daughters is not the whole story. “I’m lucky to have my daughters work with me every-day, but I’m also lucky to have three great sons-in-law who all hold important positions within the company.” Brenda’s husband, Plant Manager Greg Stratis, has been with the company for twenty years and is responsible for three pro-duction plants. In 2011 he was named to the Board of Direc-tors of the National Precast Concrete Association (NPCA). Mary’s husband, Tony DiRocco has been with the company for seventeen years and is the Head Mechanic and is re-sponsible for all production machinery and the company fleet. Nancy’s husband, Dave DeRose has been with the company for sixteen years and is the Production Manager for the Amesbury facility. Ed and Judi have ten grandchil-dren and the three oldest are working for the company, Ed-die Lopez, AJ DiRocco and Katelyn Lopez.

Other key staff include George Deranian, the Wilm-ington, MA Production Manager; Greg Bates the Roches-ter, MA Operations Manager; Jamey Robichaud Manager of Estimating and Engineering.

Shea Concrete Products continued from page 35


In the 1960’s a high school kid named Bob Flores showed up at Shea’s house looking for summer work. Ernie hired him and stated he “wouldn’t last a week”.

Well, he did last and at the end of the summer asked to come back the following summer. Bob has now been with the company for 45 years and has been a key player for Ed. At the helm over the years were Ernie and Ed, with Bob by their sides. Shea Concrete has always considered their employees their secret weapons. Ed proudly stated that twelve employees have been with the company for twenty-five years or more, and then pointed out that five have more than thirty years. As unusual as these employ-ees longevity, the company’s employment uniqueness also extends to Ed’s immediate family. From the time they were old enough to contribute to the business, Ed’s four daughters, Brenda, Kathy, Mary and Nancy have worked for the company. Today Brenda heads up the Human Resources Department, Kathy the Accounts Receivable, Mary the Accounts Payable and Nancy provides support wherever it’s needed.

SECOND, THIRD AND FOURTH GENERATIONAND COUNTING

Featured ProjectsLarge Manhole Installation - Eagle Lane, Methuen, MA

This project consisted of installing two 96” ID Manholes to replace an existing drainage line. The outfall pipe was increased from 24” to 42” diameter to accommodate a residential development and alleviate an ongoing flooding problem. The contractor was under time restraints due to heavy traffic patterns and local companies being open for business in the area. Shea Concrete was able to manufacture and deliver the large manholes in a timely manner, and the contractor set the manholes quickly in already prepared excavations.

The contractor was able to install the manholes efficiently - reducing the interruption to area businesses. Shea Con-crete Products was chosen because they were able to deliver in the time frame needed and deliver a quality product, making the contractor’s job more productive.



In 2011, Shea Concrete entered into a partnership with Easi-Set Industries to become a manufacturer, supplier and applicator for their J-J Hooks Concrete

Barrier System. According to Greg, “Customers deploying the new barrier system can expect a superior product which allows for faster installation and removal intervals, less re-quired road space to work; improved worker safety; and is in compliance with Federal Test Protocal NCHRP-350.”

Also in 2011, Shea re-launched its Frost Post prod-uct line to support its many residential contractors who were looking for an easier method of setting, stabilizing and leveling foundation footings. “This product was made available in direct response to our customers needs for installing posts for decks, mailboxes, gates and signs,” said Greg. “During the development of this product, we took into consideration various suggestions which pro-vided significant advantages to contractors over the tradi-tional method of pouring concrete.”

Shea Concrete also has a strategic relationship with ReCon Wall Systems to manufacture and sell their product to residential and commercial contractors. Their

STRATEGIC PARTNERSHIPSproduct was recently selected by Murray Hills Inc. for a new condominium complex in Burlington, MA. The main issue for this project was developing as much usable land for the project as possible. According to a Murray Hills representa-tive, “Being able to design the wall without geogrids was very helpful as it eliminated a significant excavation and fill replacement effort. Appearance, cost and engineering were all considerations for selecting The ReCon Wall System.”

Ed has spent a considerable amount of time teach-ing Greg the business and just as his father-in-law before him. Greg is not afraid to take chances to grow the busi-ness. Greg stated, “I think any operation with one, two or three product lines is going to struggle in this type of economy. Our product line is vast, but the reason we do that is because a lot of our customers love the idea that they can call up and just get everything from us.”

Shea Concrete has always been successful through word of mouth. Today Greg has made sure there is an active sales force out seeking projects to bid as well as a strong web presence. Part of the success of Shea Concrete had been its ability to take risks and keep up with the times.

UCANE is proud to count Shea Concrete Products as a longtime and respected member of our Association and wishes

the Shea family continued growth and success. n

This project consisted of installing six ReCon/Shea Retaining Wall Systems, totaling over 25,000sf. The architect was looking for a design that was hard to meet using most wall systems. But ReCon and the support team were able to meet the challenge. Additionally, the architect thought the look of the large block texture offered by Shea Concrete Products matched well with the New England landscape. One of the challenges was the capability of building tall walls without the use of geo-grid. Due to site conditions, buildings and underground utilities would interfere with the reinforcing grids.

Shea Concrete was able to provide a wall system in heights exceeding 14 feet without the use of geo-grid. They were also able to deliver the material in a quick enough time frame to meet the contractors demand. At one point the contractor was installing almost 1000sf a day.

Retaining Wall InstallationFM Global Corporate Headquarters, Johnston, RI

Shea Concrete Products continued from page 37

Our pump chamber and septic tank project consisted of installing a Pump Chamber 96” ID x 11VF and two 2500 Gallon Monolithic Commercial Line Tanks used for overflow in case of emergencies. Due to the water table and weather condi-tions the contractor was under time restraints. Shea Concrete was able to manufacture and deliver the customized pump chamber with holding tanks in a timely manner. They were able to set the products in the contractor's already prepared excavation, which allowed the contractor to quickly backfill after delivery.

The contractor was able to finish the pump chamber promptly and reduced the cost of maintaining excavation during high water table and severe weather conditions.

Pump Chamber & Septic Tank InstallationLakewood Heights Development, Merrimac, MA

This project consisted of 4 Underground Detention Area Precast Concrete Galley Chambers. The largest Detention Area (Storage Area #3A) used 1,100 Galleys for a total storage of 90,000 cubic feet. System #3A is rectangular in shape, and is 25 chambers wide by 44 chambers long. Each chamber is 4’ long x 4’ wide x 51” high (50 cf chamber) with an installed storage capacity of 70 cubic feet with 6” stone below. Stone above the chamber is not required to maintain strength and stability. Because of site conditions this project required more stone below the chambers giving an average storage of 82 cubic feet per chamber.

The project was initially designed with a 48” diameter HDPE (a competing product), an expensive manifold design, and a larger footprint with more cover than required by Precast Concrete Chambers to maintain H-20 Loading. The contrac-tor chose to use Precast Concrete Galleys in order to reduce the cost as well as complete the project much quicker. The Precast Concrete Galley system had an overall footprint 15% smaller than the original design - saving stone, excavation and backfill as well as time while still meeting the designed storage capacity the Engineer required.

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CERTIFIED PLANT

On January 4, 2014 an amendment to the Safe Water Drinking Act goes into effect, which prohibits the use of “leaded” products in a

drinking water system. Basically, if the surface of the products become wet with drinking water it cannot contain any lead.

Titled the “Reduction of Lead in Drinking Wa-ter Act”, this new law creates the standard NSF 372 which reduces the allowable weighted aver-age content of products used in a drinking water system from eight percent to 0.25 percent or less. Vermont enacted a similar no lead law in 2010, and many local municipalities have already ad-opted the policy as well.

Any product containing lead (i.e. brass) over 0.25 percent that you may have on the shelves or in your garage, will in effect, become worthless in the waterworks industry other than scrap value. You will not be allowed to install

Louis SchoolcraftTi-SALES, Inc.

it on a project even if it is in new condition and right out of the box.

Contractors will need to take this into con-sideration on any projects that are bid and will be constructed the following year or simply rolled over to 2014. No lead brass can add 25-40% to the cost of today’s standard brass in addition to reduced inventory and availability. Manufactur-ers and distributors will be turning their inventory over throughout 2013 and lead times will surely become lengthy. And you can bet that distribu-tors and manufacturers will stop taking returns at some point during the year if they haven’t already.

The no lead law also will apply to any product in service, that is taken out of service. Simply put, a product cannot be reused or reinstalled once it has been removed or disconnected from the system.

With the certain change going into effect on January 4, 2014 the industry standards will change, and by preparing for it today you will pro-tect yourself tomorrow. n

Reduction of Lead inDrinking Water Act


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Three Successful Infrastructure Projects

Featuring:Vin Barletta, Barletta Heavy Division

Peter White, J. F. White Contracting Co. Tom Descoteaux, R. H. White Construction Co., Inc.

and How Each Overcame Significant Challenges

Board Members in attendance: (L-R) Robert Lee, J. F. White Contracting Co.; Bill Irwin, C.J.P. & Sons Const. Co., Inc.; Bill Keaveney, A.R. Belli, Inc.; Michael Biszko, Biszko Contracting Corp.; Maureen Dagle, Dagle Electrical Construction, Corp.; Vincent Barletta, Barletta Heavy Division;

Jeff Bardell, Daniel O’Connell’s Sons, Inc.; Marco Gioioso, P. Gioioso & Sons, Inc.; Thomas Descoteaux, R. H. White Construction Co., Inc.; Al Morteo, FED. CORP.; Paul Scenna, Albanese D&S, Inc.; and John Our, Robert B. Our Co., Inc.

Board Members not in attendance: Marcella Albanese, Albanese Bros., Inc.; Tony Borrelli, Celco Const. Corp.; Adam DeSanctis, DeSanctis Ins. Agency, Inc.; Jerry Gagliarducci, Gagliarducci Const., Inc.; Phil Jasset, Honorary Board Member; Ryan McCourt, McCourt Construction Co.;

Richard Pacella, Jr., R. M. Pacella, Inc.; Louis Schoolcraft, Ti-SALES, Inc.; and Christopher Walsh, W. Walsh Co., Inc.

Installation of UCANE’s 2013 Officers & Board

The program was billed as an “eye-opener” for both our Contractor and Associate Members and it cer-tainly met that threshold and more. Setting the tone

for the evening’s presentations, UCANE Executive Direc-tor Anne Klayman addressed more than 200 attendees saying, “Contrary to public perception that installing water or sewer pipes in the ground is simple, just dig a hole, put the pipe in the ground and cover it up, anyone with a backhoe or excavator can do it…that’s just not so, and

tonight’s program will dispel that belief completely.” Anne went on to say, “Tonight’s presenters will show the scope of their company’s capabilities to overcome tremendous engineering problems and bring their projects in on-time and under budget. Tonight I promise you that after you hear from our speakers, you will be very proud of the in-dustry that you derive your living from because it is made up of men and women with talent, intelligence and the American can do spirit.”



Vin BarlettaBarletta Heavy Division

Kevin B. Lampron, Jr.J. F. White Contracting Co.

David CeppetelliR. H. White Const. Co., Inc.

North Dorchester BayCSO Storage Tunnel Project

I-93 Fast 14 Rapid BridgeReplacement Project

Sturbridge WastewaterTreatment Facility Project

As is tradition, the first dinner meeting of the year featured the installation of UCANE’s 2013 Officers and Board of Directors and honored our outgoing Board Members and President. We also had the pleasure of hearing about three companies whose skill, determina-tion and experience helped them overcome unbelievable obstacles to complete very difficult projects.

Anne kicked off the meeting, which was sponsored by Todd McDonald and Broadstone Advisors, LLC, by introducing our new members, Charlie Button of Fresh-water Consulting, LLC; Sean Rogers and Chris Reseska of Iron Planet; Michael Kane of Kane Engineering, Inc.; Brian MacFee of Systems Support Corp.; and Mark

Hampston, John Horton and Doug Mann of Southern Redi-Mix Corp. She also introduced prospective mem-bers in attendance, Michael Arnheiter of Exit Strategies Group, and Curt Rodman and Mike Wagner of Rodman Ford.

Anne continued the evening’s program by introducing our first speaker Vin Barletta, President of Barletta Heavy Division, who highlighted the challenges that his compa-ny faced while building The MWRA’s North Dorchester Bay CSO Storage Tunnel Project.

Our second presentation was introduced by Peter White, President of J. F. White Contracting Company and

169-B Memorial DriveShrewsbury, MA 01545508-842-3790

Dinner Meeting continued from page 43


featured the I-93 Fast 14 Rapid Bridge Replacement Proj-ect. Peter then asked Project Manager Kevin Lampron to lead us through the project from start to finish using a time-lapse photo shoot.

The final presentation of the evening was introduced by Tom Descoteaux, Vice President of R. H. White Con-struction Co., Inc., which featured the Sturbridge Waste-water Treatment Facility Project. Tom introduced Project Manager David Ceppetelli who brought us through the project, which was confronted with many challenges, such as keeping the plant operational during the entire project with many interfering natural weather conditions, such as a tornado and heavy snowfall.

Following the presentations Anne honored outgoing Board Members Joe Pacella, RJV Construction Corp.; Brian Rawston, Jay Cashman, Inc.; and John Walsh, III, Walsh Contracting Corp. She also thanked Marco Gioioso, P. Gioioso & Sons, Inc. for serving as UCANE President for the past two years and presented him with a plaque.

Anne then went on to introduce our 2013 Officers and Board Members who were in attendance: Jeff Bardell,

Daniel O'Connell's Sons, Inc.; Vin Barletta, Barletta Heavy Division; Mike Biszko, III, Biszko Contracting Corp.; Mau-reen Dagle, Dagle Electrical Const., Corp.; Tom Descote-aux, R. H. White Const. Co., Inc.; Marco Gioioso, P. Gio-ioso & Sons, Inc.; Bill Irwin, C.J.P. & Sons Const. Co., Inc.; Bill Keaveney, A. R. Belli, Inc.; Bob Lee, J. F. White Con-tracting Co.; Secretary Paul Scenna, Albanese D&S, Inc.; Treasurer John Our, Robert B. Our Co., Inc.; and President Al Morteo, FED. CORP.


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Dinner Meeting continued from page 45

Anne then called on Al Morteo who thanked our members for their vote of confidence in electing him as 2013 President and he also took the opportunity to outline his goals for the coming year, which included:

• Securing increased SRF funding to assure that a maximum number of projects are put out to bid.

• Assisting cities and towns to obtain necessary funding for much needed water and sewer projects.

• Continuing to press for the passage of our Cost Adjustment, Interest on Retainage, and Dig Safe bills, which have all been re-filed.

• Continuing to strengthen our Association by in-creasing membership. Al also encouraged our Contractor Members to do business with our As-sociate Members whenever possible, saying that it is important that we support our Associate Mem-bers who so generously support UCANE.

• Continuing our policy of inviting Contractor Mem-bers to attend board meetings, so they can see and hear the decisions that are made, the work that is done, and the influence and impact these decisions have on all our member companies to ensure the success of their businesses.

Anne concluded the evening by thanking everyone for attending. As we begin UCANE’s 59th year as an Association, we realize more than ever before that a strong Association can make a positive contribution towards improving our region’s underground clean water and wastewater infrastructure. n


VISIT OUR SITE WITH ALL NEW FEATURES

The voice of New England’s underground water and sewer industry

ABOUT US | GOVERNMENT RELATIONS | PUBLICATIONS | MEMBERSHIP | EVENTS | OUR AFFILIATIONS | CONTACT US

UCANE HAS A NEW WEBSITE

•Current Industry Related News•Links to State and Federal Agencies•Calendar of Events•Register for Meetings and Seminars•Member Only Section•Digital Edition of Construction Outlook Magazine•Construction Outlook Advertisers Page•New Facebook Page

www.ucane.com

As a way of saying thank you we are offering a special UCANE members discount on new Website & Social Media projects.

Walter Osterman, Presidentdirect line 561.301.3150www.SocialMavens.com

We are proud to have created the new website for UCANE

harnessing the force of the internet




Get on the Right HRCompliance Track in 2013

“Spring Clean” YourPersonnel Recordkeeping Files & Procedures

When was the last time that you conducted a comprehensive review of your human resources policies and procedures? Are your personnel files current? Do they contain information that might violate current privacy regulations? Are your hiring and onboarding procedures handled in a fair and non-discriminatory basis? Do you conduct proper performance appraisals? Are your termination pro-cedures documented in order to avoid wrongful termination lawsuits?

As employers strive to comply with the myriad of rules and regulations that constitute HR best practices, the above compliance flashpoints

are just a few examples where lax compliance prac-tices can result in unwanted litigation and demand an inordinate amount of non-productive management at-tention and resources that could have been avoided.

A comprehensive strategy to periodically review your policies and procedures, and take corrective ac-tion as required, can go a long way towards avoiding unnecessary problems down the road. The following are some key areas that should be considered:

Personnel File ReviewMassachusetts statutes define a “personnel re-

cord” broadly as “any record kept by an employer that identifies an employee, to the extent that the record is used or has been used, or may affect or be used relative to that employee’s qualifications for employ-ment, promotion, transfer, additional compensation or disciplinary action.”

Although this definition is subject to some degree of interpretation, it is widely accepted that employers should include at least the following information or documents (to the extent prepared) in an employee’s personnel record:

BENEFITS & HR

Doug V. Mure, Managing DirectorHR Consulting & Outsourcing, Pinnacle Financial Group

TRATEGIES

• Name, address, date of birth, job title and job description

• Rate of pay (salary and/or hourly rate) and any other compensation paid to the employee

• Starting date of employment

• Job application

• Resumes or other employee responses to an open or advertised position

• All employee performance evaluation docu-ments, including evaluations, written warnings of substandard performance, documents re-lating to disciplinary action, list of probationary periods, and any other documents relating to disciplinary action regarding the employee

• Waivers signed by the employee

• Copies of dated termination notices

"Personal" is also "Personnel"The statutory definition of "personnel file" also en-

compasses what individual managers and supervisors may view as their personal files or notes on employees under their supervision, if those documents are used or may be used to determine promotions, transfers, additional compensation or disciplinary action.

IronPlanet33 Elmwood Park, #5Quincy, MA 02170Rep: Sean RogersTel: 781.974.5038Fax: 617.481.0420Email: [email protected]: www.ironplanet.comASSOCIATE

ProCutConcreteCutting124 Calvary StreetWaltham, MA 02453Rep: Ron CulginTel: 781.899.0006Fax: 781.899.5742Email: [email protected]: www.procompanies.comASSOCIATE

Years of Excellence1954-2013

DeSanctis Insurance AgencyDeSanctis Insurance AgencyServing the Bonding and Insurance needs of the

N.E. construction industry for over 35 years.

Protection starts here

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Adam DeSanct is Gregory Juwa James AxonMichael Carney Wilder Parks Michael Gi lber t Bryan Juwa

David Boutiet te Paul Patalano Dick Caruso Ryan Prentis

Adam DeSanct is Gregory Juwa James AxonMichael Carney Wilder Parks Michael Gi lber t Bryan Juwa

David Boutiet te Paul Patalano Dick Caruso Ryan PrentisDeSanctis Insurance Agency, Inc. • 100 Unicorn Park Drive • Woburn, MA 01801 (781) 935-8480 www.desanctisins.com

RodmanFordSales,Inc.53 Washington StreetFoxboro, MA 02035Rep: Curtis Rodman/John HayesTel: 508.543.3333Fax: 508.698.1619Email: [email protected] [email protected]: www.rodmanford.comASSOCIATE

WaterLineSupply,LLC334 Clark StreetNo. Andover, MA 01845Rep: Scott LindquistTel: 978.975.5111Fax: 978.975.5105Email: [email protected]: www.waterlinesupply.comASSOCIATE


Benefits & HR Strategies continued from page 49



Vague Notification Requirement is Still a Requirement

A 2010 amendment requires employers to "notify an employee within 10 days of the employer placing in the employee’s personnel record any information to the extent that the information is, has been used or may be used, to negatively affect the employee’s qualification for employment, promotion, transfer, additional com-pensation or the possibility that the employee will be subject to disciplinary action.” Employers have strongly requested clarification on this requirement, but further definition has not been provided. Thus, in the meantime, employers should err on the side of caution, notifying employees of any filed correspondence addressing is-sues such as an employee’s performance deficiencies, attendance issues or improper workplace conduct.

Excluded/Prohibited Documents

The following items should be maintained in sep-arate files so as to not violate employee privacy rights and regulations (e.g. The Health Insurance Portabil-ity and Accountability Act (HIPAA)):

• Medical records: any medical records of the employee, including information relating to medical leave (FMLA and/or STD), Worker’s Compensation, physical exams, drug or alco-hol testing results

• Equal Employment Opportunity records: all source documents relative to identification of race or sex

• Internal/external discrimination/harass-ment complaints: any claims and/or re-sults of investigation of an employee com-plaint of harassment or discrimination

• Immigration - I-9 forms: for active employ-ees, a file in alphabetical order is maintained, and for terminated employees, another file is kept in chronological order (with planned de-struction dates)

Optional DocumentsThere are a variety of documents that are often

kept in the personnel files for convenience, however, employers should develop a policy/process to avoid the use of the personnel files as a record retention bottleneck. Items such as the following can be filed in the employee's primary personnel file:

• 401K election documents (most recent elec-tion only should be retained)

• Medical/dental benefits election documents, including waiver forms

• Dependent information for life insurance

• Garnishment/child support documentation (if not kept in payroll files)

In summary, reorganizing and streamlining the current personnel files will allow an employer to cre-ate a more efficient use of the personnel records for their intended purpose. A compliance audit can serve as a good opportunity to examine how you as an employer should manage personnel records and to advise managers/supervisors of the notice require-ments at the same time.

Immigration I-9 Form Compliance

The U.S. Immigration and Customs Enforcement (ICE), the principal investigative arm of the U.S. De-partment of Homeland Security (DHS), is respon-sible for enforcement of I-9 form compliance. ICE is the second largest investigative agency in the federal government and there is evidence that they have in-creased their audits of employer I-9 procedures.

An ICE agent is only required to give an employer a 72 hour notice of their intent to visit your worksite and review all I-9 forms for active employees (and terminated employees who still fall within the I-9 re-

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tention period). An audit can be triggered by a dis-gruntled employee (or former employee) or for no ap-parent reason.

Most employers would be well served to conduct a self-audit of I-9 procedures before ICE sends a Notice of Inspection. Although not intentional, it is common to find that a certain percentage of I-9 forms were not properly executed during the hiring process. A good faith effort in correcting improperly completed forms, or creating a new one for missing forms, will benefit you if ICE decides to pay a visit. The fines for improper or missing I-9’s can be substantial, and, al-

Benefits & HR Strategies continued from page 51 though you may not be able to correct all errors, you will be able to reduce your exposure substantially.

As stated above, it is a good practice to keep your I-9 forms in a separate binder and retain only those that are required. In this way, if you are the target of a federal audit, you will not be turning over your entire personnel file to ICE.

Fair Labor Standards Act (FLSA) – Exempt vs. Non-Exempt

ClassificationIt is up to the employer to determine whether to

classify an employee as exempt or non-exempt un-der the FLSA. Exempt employees are not eligible for overtime pay, whereas non-exempt employees are entitled to overtime pay for “hours worked” in excess of 40 hours in a workweek.

There was a reported case of a major retailer who had agreed to pay in excess of $1 million in overtime back wages to 596 em-ployees nationwide after the DOL found that the company violated FLSA overtime and recordkeeping provisions. While your exposure will hopefully not be of that magni-tude, it is a good idea to regularly review your job classifications to determine if your employees would pass the test to allow you to con-sider them as exempt from FLSA overtime. Every employer is differ-ent, but there are certain audit pro-cedures that can be used to test your compliance.

Conclusion

These are just a few of the areas that employers should be aware of to as-sure that they don’t inad-vertently run afoul of HR rules and regulations. If you have questions about a more comprehensive re-view of your policies and procedures, contact a ben-efits consultant who also specializes in human re-sources compliance. n


Rhiannon Campbell, Esq.Robin L. Main, Esq.

Environmental ViewpointHinckley Allen Snyder, LLP



Massachusetts DEP’s ProposedReforms to Asbestos Regulations

Note: Robin L. Main is a Partner in Hinckley, Allen & Snyder LLP’s litigation group and co-chair of the firm’s environ-mental practice group. Rhiannon A. Campbell is an Associate in Hinckley, Allen & Snyder LLP’s litigation and environmental practice groups.

In an effort to streamline asbestos work practices, provide addi-tional flexibility in notification requirements and ease the burden of current asbestos practices on the Massachusetts Department of En-vironmental Protection (“MassDEP”), the MassDEP has proposed reforms to regulations governing the management of asbestos in renovation and demolition projects. The proposals are intended to align MassDEP’s regulations with the United States Environmental Protection Agency’s (“EPA”) asbestos requirements of the National Emission Standards for Hazardous Air Pollutants (“NESHAP”), as well as with the requirements established by the Massachusetts Department of Labor Standard’s Asbestos Regulations.

Current MassDEP asbestos regulations do not require an inspection of the facility to be renovated or demolished before work begins,

which may result in delays in the event that asbes-tos containing material requiring MassDEP notifica-tion is discovered during the course of a project. The proposed regulations, however, require a complete survey of the facility or facility components (including equipment, pipes, turbines, building materials, ducts, etc.) before work begins to determine the presence, location and quantity of any asbestos containing ma-terial, possibly avoiding future delays and the expen-diture of additional MassDEP resources on reviews of mid-project notifications.

Current regulations require owners of a facility or facility component to notify MassDEP ten work-ing days in advance of any asbestos abatement work conducted at their property. The proposed regula-

tions provide separate work practice requirements for small operation and maintenance projects involving the removal or disturbance of asbestos-containing floor tile, sheet floor covering or gypsum wallboard/joint compound systems, and exempt these projects from notification requirements. These work practices vary depending on the specific material being re-moved or disturbed.

Current regulations lack specificity when it comes to the removal of commonly found materials. The proposed reforms seek to remedy this by provid-ing material-specific work practice requirements that are consistent with Department of Labor Standard regulations. Specific work practice requirements are provided for asbestos-containing asphaltic roofing and siding materials, window painting or repair work that disturbs asbestos-containing glazing or caulking

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• Tax Breaks for Supporting a Parent• Covered Calls Offer High Yields but Limit Gains• Business Owners Should Consider a Real Estate

Purchase and Leaseback

John E. Merchant, CPA Cullen, Murphy & Co., P.C.

IN THIS ISSUE



Tax Breaks for Supporting a Parent

The fabled Baby Boom began in 1946, right after World War II. Therefore, the oldest Baby Boomers reached

66 in 2012, which is now the full retire-ment age for Social Security. As millions of Boomers near and reach retirement, however, many are feeling family-related financial strains.

A recent survey by Ameriprise Finan-cial found that many Boomers provide aid to their elderly parents. For example, 22% of respondents help their parents to buy groceries, 15% aid with medical bills, and 14% contribute to outlays for utility bills. Some Boomers reported that these expenses have reduced the amount they save for their own retirement.

Tax ThresholdIf you are in the previously mentioned situation,

you should try to take advantage of all possible tax benefits. The money you save in taxes may be in-vested for your retirement.

For example, you might be able to claim a de-pendency exemption for a parent you’re supporting. You’ll get a tax deduction of $3,900 in 2013 (estimat-ed as of this writing) for each exemption you claim. Depending on your tax bracket, you might save well over $1,000 for each dependent.

To get a dependency exemption for a parent as a “qualifying relative,” you must pass several tests. For example, your dependent must have less than an estimated $3,900 in gross income this year. Tax-exempt income doesn’t count as gross income, and that includes certain Social Security benefits.

Example 1: Ken and Carol Grant help to support Carol’s widowed mother, Helen. In 2013, Helen col-lects $8,000 in Social Security benefits. Her only oth-er income comes from bank account interest, which is minimal.

Under the tax code, a single taxpayer owes no income tax on Social Security benefits if combined income (adjusted gross income plus nontaxable in-terest plus half of Social Security benefits) is less than $25,000. Helen’s total is under the threshold, so

Smart Tax, Business & Planning Ideas from your Trusted Business Advisorsm

1

February 2013

What’s Inside

1 Tax Breaks for Supporting a Parent

2 Covered Calls Offer High Yields but Limit Gains

3 Business Owners Should Consider a Real Estate Purchase and Leaseback

4 Tax Calendar

Plumpest Pension

The maximum Social Security benefit for a worker retiring at full retirement age (66 in 2013) is now $2,533

a month, about $30,400 a year.

continued on page 2

Tax Breaks for Supporting a Parent

The fabled Baby Boom began in 1946, right after World War II. Therefore, the oldest Baby Boomers reached 66 in 2012, which is now the full retirement age for Social Security. As millions of Boomers near and reach retirement, however, many are feeling family-related financial strains.

A recent survey by Ameriprise Financial found that many Boomers provide aid to their elderly parents. For example, 22% of respondents help their parents to buy groceries, 15% aid with medical bills, and 14% contribute to outlays for utility bills. Some Boomers reported that these expenses have reduced the amount they save for their own retirement.

Tax thresholdIf you are in the previously mentioned situation, you should try to take advantage of all possible tax benefits. The money you save in taxes may be invested for your retirement.

For example, you might be able to claim a dependency exemption for a parent you’re supporting. You’ll get a tax deduction of $3,900 in 2013 (estimated as of this writing) for each exemption you claim. Depending on your tax bracket, you might save well over $1,000 for each dependent.

To get a dependency exemption for a parent as a “qualifying relative,” you must pass several tests. For example, your dependent must have less than an estimated $3,900 in gross income this year. Tax-exempt income doesn’t count as gross income, and that includes certain Social Security benefits.

Example 1: Ken and Carol Grant help to support Carol’s widowed mother, Helen. In 2013, Helen collects $8,000 in Social Security benefits. Her only other income comes from bank account interest, which is minimal.

Under the tax code, a single taxpayer owes no income tax on Social Security benefits if combined income (adjusted gross income plus nontaxable interest


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her Social Security benefits are not taxable and not included for this calculation. Thus, Helen meets the income test to be treated as a dependent.

Counting CostsBesides the income test, you must provide over

half of the dependent’s support. That is, you must pay more than 50% of the amounts spent on the oth-er person’s food, lodging, clothing, education, medi-cal and dental care, recreation, transportation, and similar necessities.

Example 2: In 2013, Carol’s mother, Helen, spends a total of $18,000 for necessary living ex-penses listed previously. If Ken and Carol provide over 50% of that amount—$9,000—they pass this test for claiming Helen as a dependent.

If Helen lives with Ken and Carol, the Grants will find it easier to pass this 50% support test. That’s because they can include the fair rental value of the housing they provide in the total of their contributions. If Helen would pay $1,000 a month to rent compa-rable lodging from a third party, yet she lives with the Grants rent free, then Ken and Carol can include that $1,000 a month in the support they provide: $12,000 a year.

Addition to Deductions

If your parent qualifies as a dependent, the tax savings may go beyond the dependency exemp-tion. You also might be able to get a medical de-duction. Money you spend for a dependent par-ent’s qualified health care costs can be added to your own medical bills, increasing your chances for an itemized medical deduction. You also may be able to include a parent’s medical expenses on your tax return even if that parent is not a depen-dent, as long as you provided over half of his or her support during the year.

The income and support tests, as described, are the keys to claiming a parent as a dependent for tax purposes. Other criteria apply; some taxpayers may receive reduced exemption amounts, depending on current law, and some taxpayers are shut out from any dependency exemptions.

In essence, the rules in this area are quite com-plex, even by the standards of the Internal Reve-nue Code. Our office can help you deal with all the fine print and show you how to claim parents or other loved ones as dependents, if that would be practical.

Multiple MethodIn some families, more than one sibling will help

to support an elderly parent. Then, no one taxpayer may qualify for the dependency exemption.

Example 3: While the Grants help to support Carol Grant’s mother, as described, Carol’s brother Jeff also helps their mother, Helen, to make ends meet. Even though Jeff and the Grants together pro-vide over 50% of Helen’s support this year, neither taxpayer is over the 50% mark.

In such a situation, if all other hurdles are cleared, the contributing parties can agree to allocate the de-pendency exemption to one taxpayer. The taxpayer claiming the exemption must receive from each tax-payer eligible to claim the exemption a signed state-ment waiving his or her right to claim the person as a dependent for the year. The taxpayer claiming the exemption must attach to his or her return for the year he or she is claiming the exemption a statement that (1) identifies all the taxpayers eligible to claim the person as a dependent and (2) indicates that he or she has received a signed waiver statement from each of these taxpayers. IRS Form 2120 can be used for this purpose.

Assuming they contribute equal amounts, Jeff and the Grants can alternate so that they take turns claiming Helen as a dependent every other year.

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Covered Calls Offer High Yields but Limit Gains

The Federal Reserve has promised to keep short-term interest rates low until at least 2015. Therefore, inves-

tors have scant hope that bank accounts, money market funds, or high-quality bonds will soon offer higher yields. In-vestors who seek significant current cash flow might consider selling so-called “covered calls” on stocks they own.

Investors can trade listed options on many stocks and exchange-traded funds. For example, you can buy or sell put or call options on stocks issued by companies such as Apple, Bank of America, and Intel. The owner of a call option has the opportunity to buy, while the owner of a put option has the op-

portunity to sell the underlying security. For increased cash flow, you can sell (“write,” as options traders say) one of these options and collect an upfront pre-mium payment.

Example 1: Meg Lawson thinks that ABC Corp.’s stock will not go up much in the near future but also will not drop by much. Rather than put $2,000 into a money market fund, she uses that money to buy 100 shares of ABC trading at $20.

To implement a “buy-write” strategy, Meg then sells one call on ABC (a call option covers 100 shares). Meg chooses to sell an option that will expire in three months, with a $22 “strike” (purchase) price. This op-tion is listed at 50 cents, meaning that Meg will receive $50 for selling the call: 50 cents times 100 shares. The option Meg has sold is a “covered” call because she owns the shares to meet any exercise of this option.

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Possible OutcomesSuppose the three months pass, and ABC’s

stock has traded between $19 and $21. The call op-tion will expire—the owner of the option won’t exer-cise the right to buy at $22 a share. Meg has received a 2.5% return on her investment ($50/$2,000) in three months, for a 10% annualized return. She’ll also collect any dividend ABC has paid in those three months, boosting her return. (This simplified example ignores Meg’s trading costs.) If Meg wish-es, she can keep selling calls and keep collecting option premiums.

Example 2: Meg sells a three- month, $22 cov-ered call on ABC, as described. Here, ABC goes up to $25 a share within three months. Thus, the owner of the call exercises the option, buying Meg’s 100 shares for $22 apiece. Meg has a 10% profit on the stock (bought for $2,000, sold for $2,200) in addition to the option premium she collected plus any divi-dends.

Tracking the TradeoffFrom the examples in this article, you can see

both the pros and cons of covered calls. Selling these

Trusted AdviceTax Treatment

• For investors, if an option you write on a stock is not exercised or repurchased, the amount you receive is a short- term capital gain. That gain is included in your income when the option expires.

• If a call you write is exercised, and you sell the underlying stock, increase the amount you receive on the sale by the amount you received for the call when figuring your gain or loss. The gain or loss is long or short term, depending on your holding period for the stock.

• If you enter into a closing (buyback) transaction by paying an amount equal to the current value of the call, the difference between the amount you pay and the amount you receive for the call is a short-term capital gain or loss.

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options offers you a way to increase your investment income. If you sell options with a strike price higher than the trading price (an “out of the money” call), you’ll retain some opportunity to profit, if the shares are called away.

However, in our example, Meg has capped her profit at $2 per share. If ABC keeps climbing past $25 to $30 or $35 a share, Meg won’t participate in those gains. It’s true that Meg can buy back the call and keep her ABC shares. She’ll take a loss on the option trades, though.

What’s more, Meg has no guarantee that her ABC shares will stay flat or rise. If the price drops, and Meg sees her $2,000 investment fall to $1,800, $1,600, or lower, her $50 option premium won’t offset her loss.

Thus, selling covered calls won’t guarantee su-perior investment results. That said, this strategy can be useful to stock market investors who fully under-stand the risks and potential benefits. With yields at historic low levels and the likelihood of staying that way for a while, you may find it worthwhile to investi-gate this technique.

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Business Owners Should Consider a Real Estate Purchase and Leaseback

If you’re a business owner, your com-pany might own an office building, a warehouse, or other property. Assum-

ing your company has owned the proper-ty for many years, the real estate may be generating few if any depreciation deduc-tions. In such a situation, consider buy-ing the property personally, perhaps us-ing borrowed funds. Then your company can lease the property from you, so it will have continued use of the real estate.

Bountiful Benefits

Such a transaction can have advantages for you and for your company. The company will receive cash for expansion, hiring, and so on, even after pay-ing tax on the gain. Ongoing lease payments from the company to you will be deductible for the company, replacing depreciation deductions that may have de-clined or disappeared altogether.

At the same time, you’ll receive leasing income from the company. You’ll have just purchased the real estate, in this scenario, so you’ll be able to start a new depreciation schedule, and the depreciation deductions can reduce the tax you’ll owe from this income stream.

Clearing the Hurdles

To obtain these benefits, you must enter into a valid sale and leaseback. Here are the relevant rules:

• You should pay a fair price for the building.

4

TAX CALENDARFEBRUARY 2013February 15Individuals. If you claimed exemption from income tax withholding last year on the Form W-4 you gave your employer, you must file a new Form W-4 to continue your exemption for another year.

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

February 16Employers. Begin withholding income tax from the pay of any employee who claimed exemption from withholding in 2012 but did not give you a new Form W-4 to continue the exemption for 2013.

February 28All businesses. File information returns (for example, Forms 1099) for certain payments you made during 2012. If you file the forms electronically (not by magnetic media), your due date for filing them with the IRS is April 1.

Employers. File Form W-3, along with Copy A of all the Forms W-2 you issued for 2012. If you file Forms W-2 electronically (not by magnetic media), your due date for filing them with the Social Security Administration is April 1.

MARCH 2013March 15Corporations. File a 2012 calendar year income tax return (Form 1120) and pay any tax due. If you want an automatic six-month extension of time to file the return, file Form 7004, and deposit what you estimate you owe.

S corporations. File a 2012 calendar year income tax return (Form 1120S) and pay any tax due. Provide each shareholder with a copy of Schedule K-1 (Form 1120S) or a substitute Schedule K-1. If you want an automatic six-month extension of time to file the return, file Form 7004, and deposit what you estimate you owe.

S corporation election. File Form 2553 to choose to be treated as an S corporation beginning with calendar year 2013. If Form 2553 is filed late, S corporation treatment will begin with calendar year 2014.

Electing large partnerships. Provide each partner with a copy of Schedule K-1 (Form 1065-B) or a substitute Schedule K-1. This due date applies even if the partnership requests an extension of time to file the Form 1065-B by filing Form 7004.

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

funds. Then your company can lease the property from you, so it will have continued use of the real estate.

Bountiful benefitsSuch a transaction can have advantages for you and for your company. The company will receive cash for expansion, hiring, and so on, even after paying tax on the gain. Ongoing lease payments from the company to you will be deductible for the company, replacing depreciation deductions that may have declined or disappeared altogether.

At the same time, you’ll receive leasing income from the company. You’ll have just purchased the real estate, in this scenario, so you’ll be able to start a new depreciation schedule, and the depreciation

deductions can reduce the tax you’ll owe from this income stream.

Clearing the hurdlesTo obtain these benefits, you must enter into a valid sale and leaseback. Here are the relevant rules: • You should pay a fair price for

the building. Today’s depressed realestate market and low

mortgage rates might make it easier for you to buy the property.

• The lease payments should be comparable to what unrelated parties are paying for similar leases. Any lease renewals also must be set at fair rental value.

• Any repurchase option also must be at fair market value.

• The property’s useful life must be longer than the term of the lease.

• You as the buyer must reasonably expect to make money on the deal, and you must have some risk of losing money.

Buying property from your company at a fair price in today’s environment might turn out to be a good investment—one made even better because of multiple tax benefits. g

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 © 2013 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.

In accordance with IRS Circular 230, this newsletter is not to be considered a “covered opinion” or other written tax advice and should not be relied upon for IRS audit, tax dispute, or any other purpose.

continued from page 3

Today’s depressed real estate market and low mortgage rates might make it easier for you to buy the property.

• The lease payments should be comparable to what unrelated parties are paying for similar leases. Any lease renewals also must be set at fair rental value.

• Any repurchase option also must be at fair market value.

• The property’s useful life must be longer than the term of the lease.

• You as the buyer must reasonably expect to make money on the deal, and you must have some risk of losing money.

Buying property from your company at a fair price in today’s environment might turn out to be a good investment—one made even better because of mul-tiple tax benefits.

Reprinted from CPA Client Bulletin. n

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P.O. Box 301, Wayland, MA 01778(508) 358-6161 • (781) 890-6505

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Advertisers’ IndexATS Equipment, Inc. ............................................................8Adler Tank Rentals .............................................................22Aggregate Industries-New England Region ........................32Aon Construction Services Group .......................................52Arruda Trenchless Construction .........................................58Boro Sand & Stone Corp. ......................................................7Dennis K. Burke, Inc. ..........................................................13Concrete Systems, Inc. ....................................................... 40Dagle Electrical Construction, Corp. ..................................20Darmody, Merlino & Co., LLP............................................54DeSanctis Insurance Agency, Inc. ......................................50Dig Safe System, Inc..............................................................4The Driscoll Agency ...........................................................33EJ .........................................................................................10Eastern Insurance Group, LLC ...........................................26Eastern Pipe Service, LLC ..................................................54Eastern States Insurance Agency, Inc. ................................21T. L. Edwards, Inc................................................................54Equipment East, LLC ..........................................................30Ferguson Waterworks ..........................................................62Fringe Consulting ................................................................55Geod Consulting, Inc. ..........................................................62L. Guerini Group, Inc. .........................................................56HD Supply Waterworks .........................................................2A. H. Harris & Sons, Inc. ...................................................29Hinckley Allen Snyder, LLP .............................................. 46John Hoadley & Sons, Inc. ..................................................25P. A. Landers, Inc.................................................................41Lawrence-Lynch Corp. ........................................................58Liddell Brothers Inc. ............................................................16Lorusso Corp. ..................................................................... 60Lorusso Heavy Equipment, LLC........................................ 24Mabey, Inc. ..........................................................................61Mass Broken Stone Company ..............................................63Milton CAT ..........................................................................18North East Shoring Equipment, LLC ..................................56Our Outhouses, Inc. .............................................................58Palmer Paving Corporation ...................................................9E. H. Perkins Construction Co., Inc. .................................. 64Podgurski Corp. ..................................................................11E. J. Prescott, Inc. ............................................ Ins. Front Cvr.Rain For Rent-New England ................................................28Read Custom Soils ..............................................................51Rogers & Gray Insurance Agency, Inc. .................................6Schmidt Equipment, Inc. ........................................ Back Cvr.The Scituate Companies ......................................................14Shea Concrete Products .......................................................38Smith Print ...........................................................................56Social Mavens ......................................................................48Systems Support Corporation ................................................4Ti-SALES, Inc. ...................................................................55Tri-Products, LLC .................................................................5Albert J. Tonry & Co., Inc. ..................................................59United Concrete Products, Inc. ...........................................27United Rentals Trench Safety ............................................. 44C. N. Wood Co., Inc. ...........................................................12Woodco Machinery, Inc................................... Ins. Back Cvr.

QUINN-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

-PLANT LOCATIONS-


Volvo Construction Equipment

Whatever you do, Woodco Machinery is there to help you do it. Dependable equipment – from construction and road building to forestry, utilities and more. Support – from sales and remarketing to reliable parts and service. Offerings – to get you working and keep you working – from Customer Support Agreements and CareTrack telematics to full-service financial solutions through Volvo Financial Services. It’s all delivered directly through one source: Woodco Machinery.

We’re the solution you can trust – before and after the sale. Let’s work together. Contact your nearest Woodco location today.

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Get it done from one source: your Volvo dealer.

140 Wales AvenueAvon, MA 02322508-584-8484

22 North Maple StreetWoburn, MA 01801

781-935-3377

60 Shun PikeJohnston, RI 02919

401-942-9191

www.woodcomachinery.com

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IR & AM gnivreS 5928-229 )008(

seireS-K knihT ?gib gniknihT

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ni sdnim tsethgirb eht fo tcudorp eht era sredaoL seireS-K ruo ni dnuof stnemenifer eht fo ynaM si seireS-K eht dna ,denetsil ew ,deklat uoy sa hcus sresu dna srenwo redaoL .sruoy — yrtsudni eht

suoicaps erom ,reteiuq sa hcus serutaef gnitsoob-emitpu dna ytivitcudorp htiw dedaoL .tluser eht htiw srotinom weiv-ot-reisaE .sciluardyh lufrewop eroM .smetsys ™looC-dauQ decnahnE .sbac

,llac a su evig ro yadot ni potS ?gib gniknihT .snoitpo fo tsil regnol a dnA .snoitcnuf dednapxe .seireS-K gnikniht uoy evah lliw sereeD nhoJ eseht syaw eht lla uoy wohs su tel dna

February 2013 CO Web

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