|
PRESIDENT'S THOUGHTS
by Mary Kuhn, President
Happy New Year, and Happy (almost) Spring!
It seems like it was last week that we were in Monterey for the 35th Annual Marina Recreation Association Educational Conference and Trade Show!
According to you, our attendees that filled out the conference surveys, the event was a huge success!
We had the largest attendance ever, our trade show sold out in record time with additional exhibitors wait listed, super presentations, great locale, food, facilities and Marina 101 stole the show!
Your MRA Board could not be happier with the results of our efforts.
I would like to thank the Board for all they did to make the conference the best ever. They are a great team and a super group of people.
Of course MRA Membership Coordinator, Mariann Timms goes above and beyond every year to pull this event off and last year was no exception. Thank You Mariann for all you do. And a special Thank You to your able bodied assistant Gayle Thacker.
The 2006 Conference was such a popular event that our Board Member Retreat in February spent an enormous amount of time on a planning session for the 2007 Conference to be held in Santa Barbara at Fess Parkers DoubleTree Resort, November 6-8, 2007. Information on the seminars and speakers should be available in late Spring.
A few worthy items to mention include:
You now have at your fingertips the Boat Rental Agreement that was featured at the Monterey Conference. It is available on the MRA's website www .marina .org in the "Member Log-in" section. For you rental boat operations, the site now offers the following templates: Boat Rental Checklist, Boat Rental Waiver By Each Person Aboard, Boat Repair Agreement, Draft Best Practices, Houseboat Orientation Form, Houseboat Rental Contract, Waterski, Watertoy Waiver and Release and Kayak Contract.
I am so pleased to report that we have exceeded 50 certified Clean Marinas in our fine state of California! Fantastic effort by Mariann Timms and the California Clean Marinas Team and all the marina owners, operators and managers that have worked so hard in preparing their marinas for inspection. There are many folks to thank for all they have done to make this program the success that it is and my hat goes off to all of you!
And finally don't forget there is free money out there to be had in the form of grant money from the Department of Boating and Waterways that will help marinas improve and or maintain pump-out systems. Information is available on the MRA website.
Only a few days left until spring!
Until then I wish you fair winds and following seas
12 STEPS TO CLEAN MARINA CERTIFICATION
by Mariann Timms, MRA Membership Services
CONGRATULATIONS to the 53 marinas that are now Clean Marina Certified! Since the MRA took the program statewide shortly after the 2005 Educational Conference & Trade Show, 27 marinas have been certified, almost doubling the amount of certified marinas in the first two years of the program.
Of those certified, 40 are members of the association. Now it's time to get the rest of the California marina members to join!
In order to help you along, I have broken the process down into 12 easy steps by taking each score sheet and making it a little easier to reach that goal.
The first step is the score sheet for Emergencies, which is located on page 5 & 6 of this newsletter. Each month I will send members the next score sheet with tips on how to prepare for certification as well as post it on MRA's website.
If you are ready for certification, please contact me at 209.334.0661 or timms@marina.org.
Step 1 - Emergencies
Mandatory - 10 Points
Marina has an Emergency Action Plan
Your emergency action plan should include instructions on what to do if there is a fire, fuel spill, medical emergency, boating accident, drowning, power outage, storm, robbery or bomb threat and any other emergency that may pertain to your facility. The plan should include a list of up-to-date emergency contacts and phone numbers as well as a map of where all important shut-off valves are located in your facility.
Creating a binder or binders with an index is the easiest way to find the information quickly. Create a section for each emergency type and insert dividers with the emergency marked on the tab. Each section should include the plan of action (maybe even a checklist to make sure nothing is forgotten), the contact and phone numbers for reporting, and incident report forms for documenting. If you have separate maintenance, fuel, repair, etc. offices, there should be a binder in each location where employees can access it quickly.
Western Marine Safety Services Association has available a Safe Practices and Emergency Response Guide that includes general information on many emergencies, checklists and incident forms for documenting. It is available to MRA members free and to all other marina for $50. The guide is a 3 ring binder, perfect for adding the additional information you would need to have a complete plan. To order, contact Joe Lorenzi at 800.633.3443 ext. 1319.
Another option is to contact your peers who have been through the certification to see if they are willing to share their information. Many of them are and want to support the certification of others. Each certified marina is listed on the Clean Marinas California website www.cleanmarinascalifornia.org with a link to their website if applicable. Each certified MRA marina has the logo displayed next to their marina on the MRA's website www.marina.org, on the Nautical Links page as well as the marina search program.
Ready.gov - Has created a ready business mentoring initiative designed to help owners and managers of small and medium-sized businesses prepare for emergencies.
Additional - 35 Points
Marina prepared for spill cleanups - 10 Points
SPILL KIT
Your basic spill kit should consist of and include:
- Absorbent Boom - length of must be at least enough to completely surround the largest vessel in your facility;
- Absorbent Pads - most suppliers ship in quantities of a hundred and refer to them as a bale. One bale is considered to be a standard amount for stocking and re-stocking a spill kit;
- Absorbent Granules - absorbent materials in granulated form are readily available in the form of kitty litter. However, commercial materials are easily obtained and are more effective. Usually one bag (20-25 lbs) is normally sufficient.
- Rubber Gloves - disposable rubber gloves are sufficient for deploying and adjusting absorbent materials. However, durable rubber gloves that are solvent resistant are preferred, particularly in the removal and proper disposal of used materials;
- Plastic Bags - Heavy duty industrial-strength, minimum of 44 gallon in size. Package of 25-30 is a minimum to facilitate double-bagging when necessary.
All these materials must be in a suitable, durable container, easily assessable, which can be used to transport these items if required. Plastic containers similar to wheeled refuse cans are ideal and can be purchased at most large home-builder outlets.
Note, a number of commercial providers of these materials will prepackage and customize your needs, and provide an appropriate, easily recognizable container. When items are utilized you can either re-order what has been used, or more desirable, replenish from stocked materials.
Vessel assist in San Diego provides at no cost an oversized dock box with a full spill kit which includes 100 feet of boom. If there is a spill, the materials used can be replaced at cost. Contact Robert Butler at 619.235.8273 for more information. You may want to check with vessel assist in your area to see if they offer this type of program.
All staff receives ongoing training regarding emergency procedures - 10 Points
Staff training must be documented in written form, either as a Memorandum of Training or a Training Log entry. This will certify that there is a formal training regiment in place that can clearly demonstrate that the Spill Response Procedure is a standing part of the Operational Procedures.
The information contained in this memorandum/log entry is consistent with what should be a standard protocol utilized in all staff training. The basic outline of this training must have the following components:
- Date of training;
- Specific subject (i.e., Spill Respond, Emergency Response, etc.);
- Legible, signed entry of all attending the training session;
- Length of the training session, including any drills, audio-video presentations;
- Name & title of person presenting the materials and conducting the training, with a signature;
- Attachments: All handouts, copies of materials utilized to formulate the training syllabus.
Response Training should be conducted in stages:
- Initial training session, which will the most critical to garnering credibility and making a mission statement;
- Timely review and update of procedure, most desirably on a scheduled basis, and;
- Insuring that all newly hired and additional personnel that may be involved in your Response Plan receive introductory training, which will include documentation of such training via memorandum or log entry.
Provides boater education for: Boat fire extinguishers - 5 Points
| Publication | Source | How to Order |
| ABC's of the California Boating Law | Dept. of Boating & Waterways | www.dbw.ca.gov |
| Safe boating hints for Fire Extinguishers | Dept. of Boating & Waterways | www.dbw.ca.gov |
Safe boat maintenance - 5 Points
| Publication | Source | How to Order |
| Clean Boating Habits | Dept. of Boating & Waterways | www.dbw.ca.gov |
| Southern California Boater's Guide | Santa Monica Bay Restoration | www.santamonicabay.org |
Continuous ventilation - 5 Points
| Publication | Source | How to Order |
| ABC's of the California Boating Law | Dept. of Boating & Waterways | www.dbw.ca.gov |
| Safe Boating Facts About the Silent Killer CO | Dept. of Boating & Waterways | www.dbw.ca.gov |
Other Boater Education Resources and Ideas:
Discover Boating has information on Basic Boat Maintenance on their website www.discoverboating.com under the headline Owning and Operating.
Do you have a newsletter you send out to your marina guests? Why not include a short article on one of the boater education topics? It's a great refresher for those who know, and information for those that don't. If you're like me, you are always looking for information to put in your newsletter. Put announcements on any upcoming training in the area such as CPR and First Aid classes given by the Red Cross.
Do you have a boater appreciation day? Why not host a training course in how to properly operate a fire extinguisher, or have the Red Cross hold a CPR and First Aid course at your facility. Shelter Cove Marina in San Diego, for example, contracts with their local vendor, All County Fire, to come out each year at the beginning of summer. On that day, All County Fire picks up all of the marina's extinguishers for servicing, will contract directly with marina guests to service their individual extinguishers, and puts on a great demonstration on site on the proper use of extinguishers, allowing employees a chance to practice. It's an excellent way to meet three objectives at once-extinguisher servicing, boater education and practice for employees-as well as facilitating a vital service for marina guests. Up-to-date extinguishers, educated boaters and experienced employees greatly enhance overall safety for the entire marina. It's a really worthwhile day for everyone.
These are just a few ideas. If you have more you would like to add, please e-mail me at timms@marina.org
A special thank you to Jim Moulton, California Yacht Marina & Shaun McMahon, Shelter Cove Marina for their help in the writing of this article!
CALIFORNIA LEGISLATURE TO TACKLE "VESSEL OPERATOR CERTIFICATION"
by Bill Krauss, The Apex Group
Even though the deadline for bill introduction is a few weeks off, if the early indications are correct, it will be a very busy year for the Legislature. To begin with, the Governor and the leadership of both houses have proposals to dramatically expand healthcare coverage in California. It is very likely this single issue will dominate the Legislative Session. The Governor has stated that he wants all Californians to have healthcare coverage. To get there he proposes to pay for it in some very controversial ways. Among the options is an "assessment" on doctors and hospitals and a payroll "assessment" on businesses. He is not calling them "taxes" as that would require a 2/3 vote of the Legislature. Preventing the cost from becoming "taxes" is critical for the Administration as a "tax" would give the Republicans leverage in the debate, who are historically opposed to tax increases and larger government. It is estimated his proposal will cost $12-14 billion. And if history is any indication, when government makes a cost predication, one can safely double that number.
Specific to the boating industry, it is fair to say that each year we are faced with a myriad of bills, along with the usual budget issues relating to the Department of Boating and Waterways. While each year there are bills that are significant to some segment of the industry, bills that can affect the entire boating community are less common. As examples, it was about 9 years ago a bill was introduced that would have made two-stroke engines illegal (it was defeated). Just a couple years later there was another bill that would have allowed local jurisdictions to ban personal watercrafts; it too did not become law. It took until last year to see another such far-reaching bill when the vessel registration fee was increased.
We are again facing a bill that is of statewide significance. Since late last year, we have been working with the rest of the boating interests on a proposal that will require boaters to get "certified" to operate a vessel. This issue has been considered a couple times in recent years, but for various reasons each time the bill was not successful. This time the entire industry is working together to craft a proposal that is acceptable to everyone.
To date there have been several meetings and we are very close to a consensus. Our goal is to craft a bill that the entire boating community can support. Because each interest group has a slightly different perspective on how such a program should work, it has taken commitment from all sides to find common ground. I am glad to report that everyone involved has been working very hard toward that end.
While the final details have yet to be worked out, there are several elements that have been agreed to that will not likely change. The first and most important element is that this is NOT a license, but a certificate that indicates the requirement has been met. Another key element is that the certificate is good for life. We have also agreed that it should be phased in over time and that Coast-Guard licensed operators are exempt. There are many other elements that are part of the program, but because discussions are underway it might be misleading if we gave too many details. Suffice it to say that we are attempting to create an easy, streamlined process that will improve knowledge of boating and hopefully bring more individuals into boating as a result.
CLIENT ALERT
by Larry Levy, Employment Relations Management Consultant
I recently visited with the newly appointed State Labor Commissioner who oversees the interpretation and enforcement of all California's wage and hour laws. The meeting was attended by both defense and plaintiff employment attorneys where the focus was the employer's obligation to enforce the meal and rest periods for the non-exempt employee. The Labor Commissioner stated that in the future his offices will rigorously enforce the employer's obligation to PROVIDE and ENFORCE the meal period obligations. Coincidental to this meeting, I reviewed a case filed by several unionized UPS drivers whose argument was that it was the employer's responsibility to rigorously enforce the meal period breaks (not just provide them). Suggesting to employees that they take the meal period was not considered sufficient. Guess what? The drivers won. As a result I want to go over the basics so that there is no confusion or misunderstanding what you have to do.
These laws apply only to your non-exempt workers whose compensation is driven by their hours of work. It is a misnomer to call them hourly since you may have non-exempt workers who are paid a salary. Typically, non-exempt workers represent 90% of your work force. They are the carpenters, plumbers, electricians, dental assistants, inside sales personnel, dock workers, mechanics, clerks, receptionists, bookkeepers, service technicians and accountants that you employee. These laws do not apply to your exempt workers represented by managers, supervisors, estimators, controllers, engineers, and associate doctors.
The meal period laws state that a non-exempt employee is entitled to a minimum of a thirty minute meal break for every five hours of work. It is left up to you as to whether the meal period is paid or unpaid and typically, it is unpaid. The meal period may be waived upon mutual consent if the employee works only six hours or less each workday. Incidentally, the meal period may be longer than thirty minutes.
Meal breaks may be un-paid only if:
- They are at least thirty minutes long;
- The employee is relieved of all duty; and
- The employee is free to leave the premises
It is very important that you actually record each workday for each employee on his or her timesheet as the following:
- The actual time the employee started work;
- The time the meal break started;
- The time the meal break ended; and
- The time the employee stopped work for the day
What are the penalties for failing to provide a meal period? It's ugly. For each workday that you fail to provide and enforce the meal period you owe the employee one additional hour of pay at the employee's regular rate of pay. What happens if you provide meal breaks but the employee chooses not to take them? The Labor Commissioner takes the position "that an employer has an affirmative obligation to ensure that all non-exempt workers are relieved of all duty, not performing any work and free to leave the worksite" (Legal opinion letter of the California Labor Commissioner, September 17, 2001). Based upon this information an employer must take all reasonable steps to ensure that all nonexempt workers are actually taking meal periods.
What about on-duty meal periods where an employee is not free to leave the premises during a meal period? You can accommodate this situation under the following circumstance:
- Is permitted only when the nature of the work prevents an employee from being relieved of all duty;
- Must be agreed to in writing and signed by both the employee and employer;
- Must be paid; and
- May be revoked at any time in writing by the employee.
SO WHAT SHOULD YOU DO?
|
Any questions please do not hesitate to call me (415) 892-1497 or e-mail me larrylevy@earthlink.net.
LEGAL CORNER
by Mark Holmes, McKasson, Klein & Holmes LLP
Dagnone - An Analysis Of "Best Practices" That Marina, Yard And Storage Facilities Should Use In Dealing With Their Customers
I hope everybody had a great 2006, and an even better 2007. In years past, I have commented on recent cases and developments in this column. In 2007, want to use newly decided cases to talk not only about the legal framework applicable to marine owners and operators, I also want to talk a bit more about "best practices" owners and operators can employ to: (1) stay out of lawsuits as much as possible; and (2) keep the time and expense of any litigations they become involved in to a minimum.
With this in mind, let's examine the recent case of Insurance Company of New Hampshire v. Dagnone, a case about marina that followed a good practice of refusing to provide service to a vessel until its owner signed a contract - but let the owner keep his vessel on the premises until he finally did - and then a huge winter storm hit.
The Background Facts That Led To The Lawsuit
In early November 2003, a yacht owner, Dagnone, telephoned Hinckley Yacht Services ("Hinckley") to make arrangements to have his yacht delivered to the Hinckley marina in Portsmouth, Rhode Island, and then to be hauled out for dry storage for the winter season of 2003-2004. As is common in the marine industry, Hinckley required a signed contract and partial payment before it would haul out Dagnone's boat.
James Kerr, Hinckley's operations manager started a file on Dagnone on the date of their first conversation sometime in October or November 2003, and told Dagnone he would need to sign a contract before the boat could be hauled out. According to Kerr, Dagnone stated that his "partner" would be bringing the boat up and that his "partner" would sign the contract.
Dagnone did not deliver his yacht to Hinckley until Saturday, November 22, 2003. Kerr estimated this was about two weeks after his initial conversation with Dagnone. Ted Beaumont, a local captain hired by Dagnone, moved the boat to Hinckley so Hinckley could winterize it.
Beaumont left the boat on Hinckley's work dock, and, at the direction of Hinckley employees, left the keys in it. He did not sign any contract when he left the boat at the work dock.
On November 22, 2003, Hinckley faxed a copy of the contract to Dagnone. Between November 22, 2003 and December 6, 2003 - or a period of about two weeks -- Beaumont returned to Hinckley on three occasions to see whether the yacht had been out-hauled so that he could complete the winterization of the vessel. On each occasion, he saw that the boat remained where he had left it on Hinckley's work dock. On his third trip to the Hinckley facility, Beaumont asked why the yacht had not yet been hauled out. He was informed by Kerr that the boat had not been hauled out because there was no signed contract.
Finally, on December 3, 2003, Dagnone faxed a signed copy of the contract and a copy of a check for partial payment to Hinckley. Also on December 3, Kerr told Dagnone that the boat would be hauled out by December 10 if the contract was signed and payment was made. Dagnone's yacht was placed in the queue of boats to be hauled out after Dagnone's conversation with Kerr on December 3. Hinckley did not receive the signed contract and Dagnone's check until December 10, 2003.
As early as December 4, the National Weather Service forecast for the Narragansett Bay area predicted a storm with sustained winds of 25-35 knots for December 6 and 7. On Friday, December 5, the forecast also predicted gusts up to 45 knots on the night of December 6 into the morning of December 7.
On December 5, 2003, Hinckley personnel moved Dagnone's yacht from the work dock where Beaumont had left it to slip # A-10, a dock area that was more protected than the work dock. Kerr testified that the boat was moved in order "to protect it, put it in a safer location." The yacht was secured with Dagnone's lines, which all parties agreed were in good condition before the storm.
On Saturday, December 6, and Sunday, December 7, a "Nor'easter" hit the Narragansett Bay area and the Hinckley facility. Despite Hinckley's efforts to secure the boats in the marina, the storm damaged 15 boats moored at the docks in the marina. The yard itself sustained damage in the form of broken joints in the docks, bent cleats, a broken cleat, and damaged piling rollers. Dagnone's boat was among the boats damaged in the storm. According to Kerr, all of Dagnone's dock lines broke and a cleat was bent and partially tom out of the dock, causing Dagnone's boat to drift to B-dock where it hit two other boats. The damage Dagnone's boat sustained was assessed by Hinckley at $38,327.
Naturally, Dagnone sued Hinckley to recover for the damage to his yacht. One of the issues at trial in the lawsuit was whether Hinckley was negligent in failing to adequately safeguard the yacht while it was in Hinckley's. Luckily, after a full, expensive and (almost certainly) nerve-racking trial, Hinckley was exonerated.
Lessons To Be Learned From Dagnone
What emerges from Dagnone is an important "best practice" that marinas and boat yards should employ in dealing with their customers - getting their customers to sign their agreements before providing services or mooring space. Dagnone demonstrates, however, that allowing the customer to leave a vessel on the premises for any length of time before the customer complies with the marina's or yard's contractual and financial requirements can be fraught with peril, and possible liability.
The Best Of Practices
A marina or yard insisting that its customers sign a contract and pay deposits before providing services is clearly a good practice.
The justifications for such a practice are obvious. When the customer signs a well-drafted contract, the marina or boat yard's liability exposure can be drastically reduced, if not eliminated completely, through exculpatory clauses - waivers; releases or limitations of liability; agreements to indemnify; and insurance clauses.
By contrast, well-drafted contracts can also reduce the marina or boat yard's financial exposure for unpaid bills if they contain clauses requiring security deposits and allowing for recovery of interest and attorney's fees and costs. Arbitration clauses can also reduce the costs of litigation.
Consequently, requiring that customers sign a marina's and boat yard's contracts before providing services is a practice all marinas and boat yards should adopt.
The Not-So Best Practice - Letting The Vessel Stay On The Premises While Waiting For The Customer To Comply With The Marina's Or Yard's Pre-Service Requirements
The practice that got Hinckley in trouble in Dagnone was allowing the vessel to be "dropped off" at the premises while the marina waited for the vessel owner to sign the contract and provide the required deposit. This is a risky practice for two reasons:
First, just as in Dagnone, the vessel often sits for days, if not weeks, in the marina or at the yard, taking up a work slip or a space in the yard - for free. Because the owner has not yet signed an agreement that allows the marina to charge slip rent or "lay days," it can be difficult for the marina or yard operator to recover for these "delay days." Consequently, marinas and yards end up providing free mooring or storage space simply because the customer fails to comply with the necessary requirements.
Second, just a in Dagnone, a vessel present in the marina or yard for any length of time before the customer signs the requisite well-drafted contract is a huge liability risk. Before the marina or yard obtains a signed contract, the marina faces potential liability for any and all damage to the vessel, or its complete loss in the event it sinks or burns, without the benefit of any exculpatory clauses, and without even knowing whether the vessel is even insured!
Consequently, while it is a good practice to have customers sign agreements and pay deposits before service is provided, it is also a good practice to ensure that the customer does these things before the owner can leave the vessel in the marina or yard.
In short, all marinas and yards should ensure that no vessel owner is allowed to leave a vessel on the premises, regardless whether the customer or some agent of the customer brings it there, without signing the required contracts and paying the requisite deposits.
If a vessel owner shows up with the vessel and wants to leave it, the marina and yard personnel should be trained to ensure that the owner is immediately escorted to the office to sign the requisite contracts and pay the required deposits. Should the owner refuse to do so - or say he or she will take care of it later -- marina or yard personnel should be trained to refuse to allow the owner to leave the vessel on the premises.
In the event the vessel owner hires a captain or some other person to deliver the vessel, and the captain or third party insists he or she is unable to enter into any agreements on behalf of the owner, or is unable or disinclined to pay the requisite deposits, the marina and yard personnel should be told that the vessel cannot be left on the premises, at least not until the contract is signed and/or the deposit paid.
In situations involving "captains" or other third person attempting to drop off the vessel, these persons will frequently appear in the marina or yard office and attempt to "negotiate" the "drop off" of the vessel based on the promise - that either the person or the absent vessel owner (by telephone) will make that the contract will be signed and the deposit provided. Again, marinas and yards should stand their ground and insist that these requirements be met before the vessel can be "dropped off."
Insisting that the vessel leave the marina or yard until the owner complies with contractual and financial requirements may seem a bit harsh to some. In truth, it is not. It is simply a firm but responsible way of dealing with customers who either fail or intentionally refuse to honor otherwise reasonable requirements.
Importantly, as most operators know from experience, the number of vessel owners who attempt to "drop off" without complying with the marina or yard requirements actually comprises a very small percentage of customers.
It is, however, this small percentage of "drop off artists" who clutter up the work slips and the yard with their vessels - at great cost to the marina or yard operator -- until the owner finally complies with the requirements. It is also these same "artists" who bring lawsuits when something happens to their vessel; or the "artists'" insurance carriers do so after paying off the vessel owner.
The foregoing is demonstrated in the Dagnone case, where of the 15 vessels damaged by a severe storm, only the "drop off artist" brought the lawsuit -- all the rest who had signed the marina's agreement no doubt has insurance carriers who either realized or were advised that a lawsuit against the marina was not possible, or at least advisable, because of the defenses contained in the contracts the vessel owners had signed. As a result, it was only Dagnone who brought suit, the one who failed to sign the contract after his vessel had been damaged.
In summary, marinas and boat yards should institute very clear practices that require customers to not only sign contracts and pay deposits before service or space can be provided, but also require customers to satisfy these requirements before the customers are allowed to leave the vessel on the premises.
MORE ON HEALTH SAVINGS ACCOUNTS
by Gary Duquette, Employer Benefits
HSA'S, (Health Savings Accounts) are gaining in popularity and acceptance. There still seems to be some confusion about what they are and how they work.
It is important to remember there are two separate elements. Element one is the actual savings account. Money contributed to this account is tax deductible and money taken out of this account to pay "IRS approved" medical expenses come out Tax free! In order to be able to put money into this account, it is necessary that you have an HSA compatible Health Plan. The health plan may be purchased as an individual or by employers for their employees. The savings may be in the ABC Bank and the insurance may be purchased from the XYZ insurance company. They are totally separate. There are maximum allowable contributions to the savings element and the insurance element also has minimums and maximum as to deductibles and maximum out of pocket risk to the insured.
Rules have changed for 2007 but basically they are:
For the insurance element:
- The minimum deductibles have been increase to $1,100.00 for an individual and $2,200.00 for family coverage.
- The maximum out of pocket maximums increase to $5,500.00 for an individual and $11,000.00 for a family
- Individual maximum contribution has been increased to $2,850.00 and the family maximum is $5,620.00. For those over age 55 the catch up has been increased to $800.00. These amounts are NOT limited by the deductible on the health insurance plan. So a person 56 with a $1,500.00 deductible health plan can contribute $3,650.00 to their account. As long as the plan is continued through 2008, they can make the full savings contribution for 2007 regardless of the month in 2007 the health insurance plan is established.
What a wonderful and confusing time for those over 65. The costs to insure your healthcare are affordable; however the choices available can be overwhelming.
Medicare plan D made it through its first year with mixed reviews. I think they are more favorable than not. As folks are actually able to understand Plan D and sort through all the offerings, I think they actually like what they see. Many Part D players have entered the arena, but I have only found one that covers brand prescriptions in the "doughnut hole" here in California. Medicare has created a great analysis method to find the plan most appropriate for each person according to their medications.
As to the Health coverage under Medicare, Parts A&B, there are again many new players and plans available in 2007. The new hot items are the Medicare advantage plans. Instead of being a supplement, they receive the mediocre allowance from Medicare and provide the healthcare for the Medicare beneficiary. In some instances a person can choose one of these "Advantage plans" have no premium cost and actually have a credit applied to their Medicare Part B. These plans must be looked at very carefully as they have larger co-pays and the provider must accept the Medicare allowance as full payment.
Investment Climate
In a previous article, we had discussed areas of opportunity based upon the advisors we regularly read for guidance. Not much has changed. They still believe the dollar will continue to weaken against most currencies, thus raising the cost of gold and oil. Our gold, international and Asian funds have all performed extremely well for our clients. Energy and China specific funds have not. Both energy and China are expected to be excellent areas to be invested in the coming months, especially China.
EMPLOYMENT REFERENCE CHECKS
by Larry Levy, Employment Relations Management Consultant
The economy is robust and employers are hiring like crazy. To ensure that you hire the right employee (the first time) it makes good sense to conduct reference checks on those you plan to hire. Otherwise you are hiring complete strangers. That can be a major mistake as some of you may know.
So why bother? Here are some of the reasons prudent employers conduct check references: 1) you hire employees based upon facts and not on a gut feel; 2) you verify gaps of employment; 3) it may prompt the need for a criminal or credit background check; 4) it demonstrates that you exercised caution and prudence in the hiring process; and finally, 5) you verify information needed in the hiring process.
The following are tips I have learned and used over the past twenty years:
- Use an application that contains a waiver granting the employer permission to contact the employee's former employers
- Prepare a form that lists the questions you want answered with a space to write the answers.
- Confirm with the applicant the names and phone numbers of previous employers.
- Tell the applicant that you must have the opportunity to talk with at least four of his/her previous employers before a job offer is extended. If the applicant does not cooperate there is no job offer.
- Develop an approach or script to put the former employer at ease; refrain from using the word "reference". Mention areas of commonality.
- Stay away from the human resources department; they are frightened of slander and defamation law suits and will not tell you anything.
- Call early in the morning (before 7:00 A.M.), during the lunch hour or after the close of business (after 6:00 P.M.).
- Do not call the applicant's current employer unless the applicant has given you written permission.
- Offer to send the former employer a release or a copy of the job application with the waiver attached.
- Be cautious about the rehire question. If they answer no that could be construed as a form of defamation.
- Begin the conversation by introducing yourself and asking for their help.
- If she/he does not have the time to talk schedule a telephonic appointment at some future date.
- If you encounter resistance offer one of the following:
- Have the applicant sign a release
- Send them a copy of the job application with the signed waiver
- Remind them that it is not illegal to furnish an employment reference as long as 1) the information is factual, 2) the person on the phone has personal knowledge of the applicant's performance and 3) the information is not provided in a malicious manner.
- Ask them if there is someone else in the organization that can help you.
- Have the job applicant provide you with copies of:
- 1. Past performance evaluations
- Citations of merit
- Professional licenses
- Undergraduate, graduate and law school classes and the grades they received
- Newspaper articles in which they were featured
- Awards they received
- Do not send the former employer a fax or e-mail with your request. You are giving them time to find an excuse not to talk to you.
- Listen carefully for the verbal clues from the former employer, e.g., periods of silence, sarcasm, long pauses, throat-clearing, hesitancy, humor, and anger.
- Probe when you hear shallow responses; politely ask for more details; repeat their response as you heard it; and ask direct questions.
- When the new hire will handle money, checks or any liquid assets
- When the new hire will be going into private residences
- When the new hire will be working with children under the age of 18
- When the new hire will be driving a company vehicle
- When the new hire will be working with your clients assets
- When the new hire will be working alone
- When the new hire is a man working alone with women only and vice a versa.
HOW TO TAKE CONTROL AND CHANGE ANYTHING IN YOUR LIFE AND YOUR BUSINESS
by Kelly Lam, Matchstick Marketing Solutions
It has been a while since my last newsletter article, and the reason why is because I accidentally formed a new habit.
How many of you have formed a new habit and didn't even realize it?
You see, my business has grown so quickly that I changed my regularly scheduled time to write informative marketing articles to learning from some of the best minds through books, tapes, and seminars. Everyday, instead of writing, I would be absorbing new marketing information up like a sponge. I kept putting off writing and putting it off and putting it off until I formed a new habit. Before I knew it, four months passed and still no marketing article.
Luckily, I came to a realization that I can do both. And so from this experience, I am going to share with you one of the most powerful and enlightening things you can do to control and change anything in your life and your business.
Note: For those who are afraid of change . . . I hope you realize that change is automatic. Everything around you changes even if you do nothing or don't want to.
Remember, change is automatic, progress is not.
I learned this law about 6 years ago, and this experience just reminded me of it, so I'll share it with you now. What is it that will allow me to control and change anything in your life and business?
It is the Law of Habit.
This is very important, read this again if you must. What you do on a consistent basis, you will become. The definition of a habit is to do something on a consistent basis . . . so if you change what you do on a consistent basis, you will change your life and if you choose; your business.
Think about it, life is just a collection of many habits, put together to form your day. Good or bad.
What is the same time you wake up every day in the morning? Is your morning routine the same? Do you brush your teeth the same, comb your hair the same? Take a shower? Eat breakfast or not? Take the same route to work every time? Do you think the same way? Eat lunch at the same time, drive home the same way. React to problems the same way. Run your business, the same way. Get out of that box!
Well, why do you want to change or add a new positive habit?
Simple. You take control of your life business instead being controlled.
Change your habits and you will change your life, and your business.
This is the Law of Habit, just like the Laws of Gravity. That means, if you do X, you WILL get Y every time.
Imagine your life as a map. Or if that is too large of a scale, your day. You start from one destination, trying to get to the next destination. Most people, but none of my readers, usually just drive in circles all day with no destination to go. They end up at the same place every day. They make no progress, because they don't take control of where they're going. And just like a map, you have many different routes you can take. Or trail blaze new routes not listed.
Listen up, the route that you take most often is the route that you become. It may be the best, it may not be the most efficient but it is what you are comfortable with.
So how do you take control of your habits?
First off, you must want to change and take control. Take, for example, growing your business. Maybe the first thing you can do is allocate 30 minutes a day that focuses solely on growing your business, and you start off slow. Schedule it for each day on consistent basis. Now what will happen is the first couple days you will sit there and have nothing to do, but keep at it. Or you can take a shortcut and use 30 minutes to talk to your marketing person or work out some new marketing projects.
Second, think positively about your new habit. In other words, say to yourself . . .I am spending 30 minutes a day growing my business. Every minute I spend is an investment in my future--not only for me, but for my employees as well. Absolutely do not do or think this; I could use these 30 minutes to be doing something else like paperwork.
Next, get a rid of everything that formed your old habit. Don't spend a couple days slowly weeding it out. Take a stand. Draw the line. Jolt yourself out of your old habit. If that means picking up the phone, and finding a new marketing person or throwing out all your junk food and flushing them down the toilet, while the music of we are the champions play in the background ... go do it NOW! Don't wait!
Lastly, reward yourself for forming a new positive habit. And keep rewarding yourself up for maintaining that positive habit. Before you know it, you'll be able to get anything you want in life.
What I just explained to you is a quick summary of how to change your life/business and to take control. Some of you will read this article and make a spectacular difference towards achieving your goals. Some will read it and go back into their same old habits of doing the exact same thing they did yesterday. It will be the exact same thing they will do tomorrow. Which one will you be?
This is your life, and this is your business. How you choose your actions and the destination is up to you. The question is, do you want someone creating your habits for you or do you want to take control of your own life and business?
Until next time my friends, ignite ideas and unleash a full potential.
Happy marketing!
IS YOUR MARINA LISTED? IT'S FREE
ActiveCaptain currently has a visual database of over 8,000 marinas and a building database of anchorages. "Local knowledge" and other points of interest are coming soon. To be successful we need your help. Become part of the ActiveCaptain community now. It's simple and it's free. Simply click on "Sign Up" and register today at www.activecaptain.com.
Benefit from the knowledge and experience of a worldwide community of boaters. Gain information from others. Contribute your knowledge to the community. It's all about content, communications, and community.
NEW TEMPLATES AVAILABLE ON MRA's WEBSITE
Have you checked out the member's only section of our website lately? Templates for Rental Boat Operations have been added. If you need your user id and password, please contact Mariann Timms by e-mail: timms@marina.org
Let her know what other templates you would like to see made available.
QUAGGA MUSSEL QUESTIONS AND ANSWERS
For more information, call toll-free 1.866.440.9530
What are Quagga mussels?
Dresissena bugensis is an invasive aquatic species that grows to about an inch in diameter. Sometimes they are larger, sometimes they are microscopic. The small, freshwater bivalve mollusk is triangular with a ridge between the side and bottom. It has black, cream, or white bands, and often features dark rings on its shell almost like stripes.
Why should we be concerned about their arrival in California?
They reproduce quickly and in large numbers. Once established, there is virtually no chance of eradication from a waterway. Their establishment in California waters could result in an environmental and economic disaster.
What is the environmental impact of the Quagga?
The Quagga will upset the food chain by consuming phytoplankton that other species need to survive. The are filter feeders that consume large portions of the microscopic plants and animals that form the base of the food web. Their consumption of significant amounts of phytoplankton from the water decreases zooplankton and can cause a shift in native species and a disruption of the ecological balance of entire bodies of water.
What is the economic impact of the Quagga?
Their ability to rapidly colonize on soft and hard surfaces causes serious economic problems. In addition to the hulls, engines and steering components of boats, plants and sediment, Quagga mussels attach to submerged surfaces such as piers, pilings, water intakes, and fish screens. In doing this they can clog water intake structures hampering the flow of water. They frequently settle in massive colonies that can block water intake and threaten municipal water supply, agricultural irrigation and power plant operations. In the U.S., Congressional researchers estimated that an infestation of the closely-related zebra mussel in the Great Lakes area cost the power industry $3.1 billion in the 1993-1999 period, with an economic impact on industries, businesses, and communities of more than $5 billion. California could spend hundreds of millions of dollars protecting the state water system from a Quagga infestation.
How did the Quagga mussels get to California?
The Quagga primarily moves from one place to another through human-related activities. They attach to hard surfaces and can survive out of water for up to a week. The microscopic larvae also can be transported in bilges, ballast water, live wells, or other equipment that holds water.
Authorities discovered Quagga mussels living in the Colorado River at Lake Mead and Lake Mohave and Lake Havasu along the Arizona-Nevada borders in January. It is likely they were transported on the hull of a recreational boat.
Where id the Quagga mussels come from?
They are native to the Ukraine and Russia and were first discovered in the Great Lakes in 1989, one year after the discovery of the Zebra mussels in the same region. It is believed they arrived in America via ballast water discharge.
Are Quagga mussels similar to Zebra mussels?
The Quagga is a close relative of the Zebra mussel and is very similar in appearance and in environmental impact. Since the 1980s Zebra mussels have spread throughout much of the eastern United States. Quaggas differ from Zebra mussels in that they are heartier and can live at greater depths and in colder temperatures. Quagga mussels have actually displaced Zebra mussel population in some infested areas.
Do Quagga mussels have predators?
Quagga mussels have few natural predators in North America. But it has been documented that several species of fish and diving ducks have been known to eat them.
How can we get rid of them?
It may be possible to eradicate Quagga mussels if they are in small masses and low density. However, preventing their spread is the best course of action. Since their larvae are free drifting, preventing their spread downstream from known infestations may not be possible.
What is being done in response to the spread of Quagga mussels?
State and federal agencies are mounting a unified response using the Incident Command System. The principal involved agencies include Fish and Game. Water Resources, Food and Agriculture, Boating and Waterways, Parks and Recreation, U.S. Fish and Wildlife, and the Metropolitan Water District. Actions include:
- Increased inspections at California Department of Food and Agriculture border stations
- Dive surveys of the Lower Colorado River to determine the extent of infestation
- Training and deployment of survey teams to inspect other California water bodies
- Public information and education efforts are underway, especially for boaters
- Ruin your engine by blocking the cooling system -causing overheating
- Increase drag on the bottom of your boat, reducing speed and wasting fuel
- Jam steering equipment on boats
- Require scraping and repainting of boat bottoms
- Colonize all underwater substrates such as boat ramps, docks, lines and other underwater surfaces requiring constant cleaning
- Reduce fish populations
NATIONAL MARINA DAY
The sixth annual National Marina Day celebration this year is being chaired by Brad St. Coeur, CMM, Manager of Harbour Towne Marina in Dania, FL. National Marina Day 2007, which is being observed on August 11, 2007, focuses specifically on two central themes: the important role marinas play as safe, family-friendly gateways to boating, and the invaluable service marina operators and owners perform as stewards of the environment.
National Marina Day offers the unique opportunity to educate local politicians about the tremendous positive impact marinas have on cities and towns across the country. In 2007, AMI encourages all participating marinas to host tours of their facilities for their local elected officials.
A marina tour is a win-win situation: local officials get to meet their constituents while they are looking for votes and marina operators get to showcase the value of their facility to the community, as well as shine a spotlight on their businesses' interests and concerns. By 'putting a face' on the marina industry, a facility tour prompts local elected officials and policy makers to listen more attentively to your needs and hear, more clearly, your opinions in the future.




