The New Year is a good opportunity to start fresh. You don’t necessarily need new ideas; however, you can take the opportunity to work on some areas that need refreshing. Service can always use freshening. Marinas are a little different when it comes to service as most marinas have customers that have been around for years. Other businesses may see a customer either once or for a few days. Marinas must therefore be aware of Familiar Service.As we become more familiar we become more relaxed and therefore relaxed in service. We take for granted that a boater that’s been around for a long time will always be around. We may take a few seconds to look up from what we are doing or acknowledging someone while on the phone; maybe continuing a conversation with another employee while a boater is standing by. This sub standard service we are providing, in front of someone else, could be giving them a poor perception of our service.
When an unfamiliar person or potential new boater comes into a marina office, we generally act more professional and may be more attentive. When a long time boater comes into the office we tend to be more casual in our dialog and maybe in our response time.
A typical situation would be when a live-aboard comes into the office. This may be a boater that regularly comes into the office to point out something that needs attention. Our initial reaction may be, “Oh no, here comes Mr. Smith again!” With that as our initial reaction, how can we expect to provide excellent service? Ninety percent of the time, what Mr. Smith is reporting is a real issue, however, because he is in so often we don’t take it as seriously as we should. The service you provide for this boater will more than likely be different to that provided for an unfamiliar person or potential new boater. There are some advantages to familiar service; however, for the most part the service level is not the same as dealing with an unfamiliar person. By making your staff aware of the possible differences, you may be able to increase your service level that much more with the customer that counts the most; the one you already have.
There has been some question about whether the Abandoned Boat Program is available for private marinas. HERE is a link to the DBW web site that gives specifics about how the program works for private marinas. Please get with your local agency if you have any abandoned boats that qualify for the program. There have been instances where private marinas have helped the local agency with some of the paperwork required to secure a grant. If the money is not used, there is a real possibility that funds for the program will be reduced.
Jim Hayes
MRA President
E-mail: jhayes@almar.com
Congratulations! If you are reading this, your business has more than likely survived 2009 – the worst year, financially, for American businesses since the Great Depression.So now that your business is one that is “still standing,” what can you do to maximize any success your business might enjoy in 2010?
Well, consider conducting a short risk assessment for your business faces; then making some resolutions to reduce those risks so that you can spend more time on your business – and less time with lawyers – this coming year!
First:
Is your business incorporated or set up as a limited liability company?
If not, you are taking huge and unnecessary risks with your personal assets. If you do business as a corporation or limited liability company, and the worst occurs (2009 should be a cautionary tale), your personal assets are usually not at risk! In addition, for those of you with multiple businesses under one corporation or LLC – marina, restaurant/bar, shipyard, boat rental operation -- consider separating those risks into separate corporations or LLCs – separate entities act as firewalls between the risks each of those different businesses presents. If the businesses and risk are separated, and the worst occurs, only one business folds, not the entire operation!
Resolved:
Your business will be incorporated or organized as a limited liability company this year. And if you have several businesses under one corporation or limited liability company, you will consider separating them into two or more corporations or limited liability companies!
Second:
If you are already 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, have you negotiated and executed a buy-sell, or shareholders agreement?
The lack of such an agreement, when one or the other gets sick, dies, gets married or divorce, or if either “partner” gets tired of the other(s), is a common way for businesses to fail -- the “partners” or their spouses, heirs, etc. litigate the business into oblivion fighting over control of the business, or its assets.
Resolved:
If you have one or more partners, you will have a shareholder agreement negotiated and executed this year!
Third:
Is your business using proper contracts or invoices in dealings with its customers, vendors, suppliers, or persons coming onto the business premises?
Proper contracts and invoices can help your business get paid when you are owed money; and can help your business reduce, if not eliminate, its liability to customers, vendors, suppliers and even third parties. The MRA has several forms for members to use to get you and your attorney started on this project – the forms are quite a major membership benefit!
Resolved:
You will have your business’ contracts and invoices reviewed and properly drafted this year!
Fourth:
Do you have written employment agreements with your employees and an updated employee handbook for the business?
Many businesses foolishly hire employees without written agreement with the employee that spells out even the most basic terms, such as the employee’s title, position, duties or “at will” status. This can be a recipe for disaster. In addition, many businesses do not have any employee handbook; or if they do, they have not updated it in years; and have never had any of their employees sign an agreement stating that the employee received the handbook and agreed with its terms. Such circumstances open up a business to all sorts of “employee-related” liabilities.
Resolved:
You will have written employment agreements with your business’ employees and obtain or update your employee handbook!
Fifth:
Do you have a plan for assessing and eliminating economic and legal risks on your business’ premises?
This a frequently overlooked portion of a business’ risk assessment. Have you thought about the problems you have had with customers, contractors, vendors or third parties (people you don’t have a contract with)? Then you need to think of ways you can eliminate those problems. Some of those solutions may be legal; some financial; and some simply administrative. Talk to your employees, partners, other business owners, your bookkeeper and/or CPA, and your attorney. These are all great sources for possible resolutions!
Resolved:
Spend some time looking at the sources of legal and economic problems at your business and coming up with solutions!
Sixth:
Do you have proper insurance for your business?
Many business owners do not take the time to review their business insurance policies. As a result, they either think “everything” is covered; or have no idea what coverage they have; and therefore, don’t have the proper coverage for the risks their particular business or businesses face.
Resolved:
Spend an hour or two with a competent insurance professional talking about your business; the risks it faces; what kind of coverage you have; and what kind of coverage you need to address the risks your business is exposed to.
I wish you the very best for your businesses in the New Year! If you have questions, or just want to talk, feel free to give me a call at 949-645-0450; or email me at Mark@mdholmeslaw.com.
Although no one can definitively predict what 2010 holds, there are several trends we've seen develop in 2009 that we feel are likely to continue into the new year.
The first is a move toward comprehensive retrofitting and repair in lieu of replacement. Aging marinas can gain additional longevity by undergoing a comprehensive maintenance program where deficient weldments, connection hardware, walers, and through-rods are replaced and floats are leveled. The aim of these projects is to increase the life of the aging marina without the large capital expense of replacement.
Bellingham Marine took on three such projects in 2009 - two in Washington State and one in Texas. When asked about the repair work competed at Port of Olympia’s Swantown Marina John Thompson, Project Manager for the Port said, “some of the finger docks were raised by a good four inches; the docks haven’t looked this good since they were built.”
The second trend is an increased awareness of our industry’s vulnerabilities as they relate to the environment and an increased desire to be proactive. We operate in some of the environment’s most sensitive areas. As an industry we are extremely vulnerable to heightened regulations and actions being taken to preserve natural resources. As a result, more and more marina operators and developers worldwide are looking for options to “green” their operations and build a sustainable business.
The third trend is a move toward increased use of technology. Wi-Fi on the docks, lounges with fully functioning business centers, proximity readers on gates, point of sale power access on transient docks, web cam supervision throughout the marina, advanced metering of resource and equipment use, text messaging and social media... the list goes on. Advancements in technology are allowing marinas to manage their marina’s devices and applications centrally and in real time. They are also opening the door to greater customized service. Today, systems can be installed at a marina’s entrance to identify arriving and departing boats to assist in boat traffic control, automatic check in /out, and anti-theft security. In addition, systems are available that can monitor a boat’s vital operating systems and relay information to both the owner and marina operator.
Advanced technology, “green” building /operations, and reducing expenses were major themes behind projects in 2009 and are sure to continue into 2010. Each plays into the other. Our need to reduce expenses and ensure the vitality of our businesses pushes us toward new technologies and green philosophies – a trend we’re not likely to see end anytime soon.
Hello everyone!I hope you all had a great December and Happy Holidays!
Please take a minute to check your Profile on MRA’s web site www.marina.org and make sure that ALL of the information is correct! This is very important to us and anyone who is looking at the profile as well. This is always an ongoing feat, since we know employees and information can change frequently.
If anything should happen to alter during the year, please let us know so that we can update our information immediately
It’s 2010! I hope everyone enjoys the New Year ahead of us!!
Michaella Looney
MRA Assistant Operations Administrator
E-mail: michaella@marina.org
915 L Street, Suite C-107, Sacramento, CA 95814
Phone: 916.441.1475 - Fax: 209.334.6876
E-mail: timms@marina.org - Web Site: www.marina.org
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