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From the Helm
- By Jim Hayes, President, Marina Recreation Association

Don't look now but summer is here and with it comes more boaters. In many cases we will see customers that we have not seen for seven or eight months. What will these boaters find when they arrive at the marina? They should find fresh paint and uniforms, clean restrooms and docks, friendly staff that will be attentive and call them by name, a schedule of activities for the summer, at the marina as well as the local area, functioning Wi-Fi and TV service. Boaters should find that they want for nothing.

We are fortunate that our industry deals with customers that want to be with us. Unlike a business person traveling to a hotel that would rather be with their family, boaters are excited about coming to the marina. Our staff should understand that we only need to keep our customers in that positive frame of mind and that we are fortunate to have this advantage in service.

The one area that is difficult to control is other boaters. Boaters dealing with other boaters can sometimes lead to a bad experience. We can influence this encounter in a positive direction, however. Most of these conflicts are a direct result of the marina not enforcing their own rules. A boater may be infringing on another boaters space by having items all over the dock. One boater's dinghy may be tied up behind their boat making it difficult for the other to maneuver their boat. A loud party late at night will usually result in a confrontation. A boater in close proximity may be performing maintenance on their boat that should be done in the yard. These boater conflicts can be avoided by simply enforcing the rules. We must be consistent when enforcing these rules. Enforcing them occasionally or only with certain boaters will certainly create more conflicts. Treating each boater the same and being consistent will create an environment where everyone can get along and enjoy their time at the marina.

It's been close to ten years since boaters have had as many berthing options as they do today and moving is as easy as untying four dock lines. Keeping your boaters happy will make it that much harder to untie those lines.

Jim Hayes
MRA President
E-mail: jhayes@almar.com
Update on the State Water Resources Control Board Coastal Marinas Permit
- By Randy Short, President of Almar Management Inc.

Recently the State Water Resources Control Board decided to temporarily shelve the Coastal Marinas Permit pending the outcome of industry efforts to help the Board accomplish some or all of their goals. While this is great news, there is still much work to be done by the industry, most of which centers around the copper bottom paint issue.

Reasons for the delay included the release of a final report documenting findings from the "Safer Alternatives to Copper-based Antifouling Paints" grant awarded by US Environmental Protection Agency to the Unified Port of San Diego which should be available the end of this year.
The Water Board will also be working closely with the Department of Pesticide Regulation as they
re-evaluate copper-based antifouling paints.

In the interim, the Water Board is exploring a range of regulatory solutions and partnerships, as well as considering non-regulatory alternatives. One of the alternatives is the Clean Marinas Program, a voluntary, self-implemented "best management practices" program that has currently certified 91 marinas in California, Nevada, Arizona and Mexico.

In 2007, a Subcommittee of the Marina Interagency Coordinating Committee (IACC Subcommittee) reviewed the CMP and sent their comments to the CMP committee for review. Currently the CMP committee is updating the Clean Marinas Program to include the changes and additions requested by the IACC Subcommittee. It is likely that the updates will be completed and in place by July 2010. In addition to the CMP it has become increasingly clear that bottom cleaning is a significant part of the problem and having clear guidelines for the divers is important. To that end MRA is working with the paint manufactures to come up with recommendations for maintaining bottom paint while protecting against copper pollution in the marinas. This latter problem has shown up in 16 out of 18 marinas that the Dept. of Pesticide Regulation (DPR) recently tested throughout California.

While those in the industry realize that most are implementing "best management practices", being recognized is not always apparent to all. The Clean Marinas Program is urging all marinas in California to become certified under the program.

For more information on the Clean Marinas Program, go to www.cleanmarinascalifornia.org or contact Mariann Timms at timms@marina.org or 209.334.0661.
New Year's Resolution No. 2...
Why You Might Need a Buy-Out Agreement
- By Mark D. Holmes, General Counsel to The Marina Recreation Association

As I explained in my "check up" article, if you are doing business as a corporation or limited liability company, and you have "partners" -- people who are either shareholders, members or persons with equity interests in the business, you should have negotiated and executed a buy-sell agreement. Please note that if you are a member of a limited liability company, and have signed an operating agreement, you may already have entered into a buy-sell agreement, as such are frequently included as part of the limited liability company operating agreement. Now would be a good time to go read the agreement!

If you have not knowingly executed a buy-sell agreement, this may seem a bit new -- and uncomfortable. So here goes.
How the Health Care Reform Law Impacts Employers
- By Larry Levy - Employee Relations Management Consultant

The Patient Protection and Affordable Care Act, H.R. 3590 passed the Senate on December 24, 2009 and was signed into law by President Obama on March 23, 2010. It is already the subject of numerous states' challenges including one brought by twelve State Attorneys General alleging the law is unconstitutional. The House passed on March 21, 2010 the Health Care and Education Reconciliation Act of 2010, H.R.4872 or the Reconciliation Bill. This bill makes several changes to the Senate Bill. The Reconciliation Bill now heads to the Senate for debate and is expected to pass the Senate. The following summarizes the important consequences for employers and their group health plans:
Americans with Disabilities Act - What Does it Mean to Marina Operators?

- By Jock Marlo, Esq., Hart, King & Coldren Law Offices

The California Supreme Court recently decided a case entitled Munson vs. Del Taco, Inc. The issue was whether a disabled person would be entitled to monetary damages even if there was no "intentional" discrimination by the defendant under the Americans with Disabilities Act (ADA).

Plaintiff Kenneth Munson had a physical disability that required him to use a wheelchair. Munson visited a Del Taco restaurant in San Bernardino, California and alleged that while at the restaurant, he encountered architectural barriers that denied him legally required access. Munson's primary complaint was that he could not access the restaurant's restroom, because, the doorway was too narrow to allow wheelchair passage. As a result, he used the restroom of a different business across the street. He also asserted that the Del Taco was not adequately designed for a wheelchair user because the absence of a level clearance in front of the door, required him to hold onto the door handle while dragging himself in to avoid rolling back down the ramp. (Munson v. Del Taco, Inc. (C.D.Cal., July 27, 2006)

After Munson filed his complaint, Del Taco, Inc. remodeled the restaurant (unaltered since its construction in 1981) to correct these and other problems, at an approximate cost of $66,000. However, Munson was not seeking merely to have Del Taco fix its facilities so he could gain future access. More often than not, plaintiffs in these types of cases could care less about access -- rather, they are opportunists seeking to extort a quick monetary settlement from the business owner for violation of the ADA codes.
Spill Prevention Regulation Changes Affect Tens of Thousands of Facilities
- By Bill Byrd, PE, President, RCP, Inc.

Over 600,000 facilities that "drill, produce, store, process, refine, transfer, distribute, use, or consume oil or oil products" are required to develop, maintain and implement a Spill Prevention, Control and Countermeasure (SPCC) Plan. The rule applies to facilities that store 1,320 gallons or more of oil or oil products (such as gasoline or diesel fuel). This threshold is for the cumulative storage capacity at the facility, including all containers larger than 55 gallons. For example, a facility with 10 tanks of 150 gallons each, or only 1 tank of 1,500 gallons, may be regulated. Many recreational facilities have on-site generator backup systems or other types of on-site fuel storage (such as vehicle refueling), that can easily trigger these requirements. The rule exempts completely buried storage tanks subject to all the technical requirements of the underground storage tank regulations.

Unlike Oil Spill Contingency Plans that generally address spill cleanup measures in the aftermath of a release, SPCC Plans ensure that facilities put in place containment and other countermeasures that would prevent releases that could potentially reach navigable waters. The plans also address equipment maintenance and inspection, personnel training, and procedures, and require specific types of secondary containment for equipment containing oil.

The original SPCC Rule was published in December, 1973. Recent amendments have affected all aspects of the original SPCC regulation, including the types of facilities that are required to have plans, the plan contents, and the compliance requirements. Some of the changes are minor; others are major. Any plan prepared before the latest amendments (published November 13, 2009), should be evaluated in its entirety to ensure that it complies with the current requirements. Many affected facility operators may be pleased to find that, under the latest rule revisions, their facility can adopt a simplified SPCC plan using an agency-approved template, and may be able to bypass the requirement to have their plans certified by a professional engineer. Additional information, including key requirements of the SPCC regulation and FAQs, can be found at www.SPCC.pro.

W. R. (Bill) Byrd, PE, is President of RCP Inc., a professional engineering and regulatory consulting firm serving more than 100 clients in the oil and gas industry. RCP has developed hundreds of SPCC plans for single-tank facilities up to the largest refining / chemical complexes in the US.
The Last Word - From Michaella

Hello everyone!

I hope you all have had a great April and a wonderful Easter!

Membership Renewals will be starting this month and were looking forward to another great year with all of you!

Info on the 39th Annual MRA Educational Conference and Trade Show will be coming in the next few months so keep your eyes open for it!

We'll be busy getting these things out to everyone.

Have a great May; a fun and safe Memorial Day! Spring is FINALLY here!!

Michaella Looney
MRA Assistant Operations Administrator
E-mail: michaella@marina.org
915 L Street, Suite C-107
Sacramento, CA 95814
Phone: 209.334.0661 - Fax: 209.334.6876
E-mail: timms@marina.org
Web Site: www.marina.org

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