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MMTA ENews Brief: October 6, 2005
- Annual Meeting & Election Results
- BIIWBS Exhibitor Reception
- Quincy's New Maritime Park
- Shrink-Wrapping Fast Fact
- Abandoned Vessel Update
- Excise, Ch 91 and Moorings Fees
- Free Bank Check Recovery Service
- Shipwrecks of the Gulf
- Boating Safety Grant Applications Due Nov 1
- Low Cost Rental EPIRBS
- Upcoming Marine Industry Events
- EPA Publications Available
- Staples Business Advantage Program
- Have an Item for ENews?
- E-Mail Changes?
- Advertise on BoatMA.com
- Share The Wealth!
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Return to Archived NewsBriefs - Newsletters
MMTA Election Results Announced At Annual Meeting
On Thursday evening September 29th the Annual Meeting of the Association preceded the Boat Show Exhibitor Reception at Anthony's Pier Four in Boston. Following a brief annual meeting and counting of ballots, the election results were announced. Please join us in welcoming this active and engaged volunteer leadership team.
MMTA Officers 2006
President Glavin Presides
over 2005 Annual Meeting |
President - GREG GLAVIN, Onset Bay Marina, Buzzards Bay
1st VP - KURT SAUNDERS, Saunders Boat Livery, Southwick
2nd VP - JACK KENT, III, Bayside Marine, Duxbury
3rd VP - TINA MARIE GIAMBRO, Port O' Call, N. Quincy
Treasurer - DOUG WIELHOUWER, Eastern Yacht Sales, Hingham
Secretary - NIVEN DAMON, Atlantic Marketing Co., Essex
MMTA Directors - Terms Expiring 2008
Director - TOBY BURR, Burr Brothers, Marion
Director - ED LOFGREN, 3A Marine Service, Hingham
Director - BRIAN MULRENIN, Yacht Listings, Cotuit
Director - DAVE NOLAN, Cape Yachts, Harwich Port
Director - RIDGE WHITE, Robert White Instruments, Boston
Opening Day Exhibitor Reception
An opening day squall line didn't hamper the enthusiasm of over 200 MMTA Member Exhibitors who attended the Exhibitor Reception at Anthony's Pier Four. While enjoying dinner, beverages and steel drum entertainment, everyone had a chance to catch up with colleagues, meet new members and welcome special guests. Special guests included representatives from the Office of Representative Robert A. DeLeo, Director James Hanlon of the MA Environmental Police Officers and Joe O'Neal President of North American Expositions, producer of the New England Boat Show.
MMTA Director Hank Keene, Jr and Treasurer Doug Wielhouwer
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MMTA Secretary Niven Damon and Director Russ Vickers
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The Producers: NE Boat Show's Joe O'Neal and Boston Int'l In Water Boat Show's Warren Kelly
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MMTA Executive Director Leona Roach and Corporal James Hanlon, Director of MA Environmental Police
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NEW MARITIME CENTER AND BOAT STORAGE FACILITY OPENS SOUTH OF BOSTON
It seems most of the news these days is about the loss of upland storage for boats in Massachusetts. We are very pleased to report that a new maritime park and storage facility is under development by MMTA Member Scalisi Marine and will increase the availability of boat storage area on the South Shore. Now accepting reservations for boat storage for the 2005-2006 seasons, Quincy Maritime Park is located just north of the Fore River Bridge on Route 3A. For more information, visit www.quincymaritimepark.com or call 781-331-0446.
MASSACHUSETTS FAST FACT:
Question: How much shrink-wrap was recycled in 2005 thanks to the MMTA endorsed shrink-wrap recycling program administered by Haley & Aldrich?
Answer: 42 Tons!
Keep reading ENews for information about how you can participate in the 2006 Shrink-wrap recycling program.
From the Desk of Jamy Buchanan Madeja, Esq. MMTA Government Relations & Legal Counsel
ABANDONED VESSELS BILL SAILING SMOOTHLY
MMTA'S bill to make it easier and more affordable to dispose of vessels abandoned at Massachusetts marinas and boatyards has sailed smoothly out of the Joint Committee on the Environment, Natural Resources & Agriculture and awaits the action of the Ways & Means Committee. The testimony of a number of MMTA members was very helpful.
The bill has a new identifying number (H. 4362) to reflect text amendments made in Natural Resources, all of which were acceptable to MMTA. The legislative Boating Caucus, led by Rep. Anthony Verga of Gloucester, is actively supporting the bill. Still, most bills take more than one legislative session to become law, so persistent lobbying is necessary. Let your legislator know you care about this one. Members interested in this issue are welcome to contact Ms. Madeja at 617-227-8410 or jmadeja@buchananassociates.com.
FREQUENTLY ASKED QUESTIONS
How do boat excise taxes, Chapter 91 licensing fees and local moorings fees fit together?
1. Boat Excise Taxes
Owners of vessels kept anywhere the Commonwealth are required to pay to the locality where the vessels is kept an annual boat excise tax for the right to use the Commonwealth's waterways. By statute, this charge is a user fee for the waterways, not a property tax. The user fee is based on the age and length of the vessel. Also by statute, the locality is required to put 50% of the user fees collected into a local waterways fund. The locality may use the other 50% as it chooses.
2. Chapter 91 licensing fees
In general, the Commonwealth (not a municipality) owns the land under waterways starting at the low water mark. The people of the Commonwealth have also owned the right to access the waterways to "fish, fowl and navigate" since Colonial times. In modern times, these "public trust rights" have been codified in statute and regulation such that a "Chapter 91 license" is required from the Commonwealth to build structures such as fixed piers or docks in the waterways or buildings upon filled tidelands, even landward of the low water mark, in order to assure preservation of these public trust rights. The fees paid to the Commonwealth for such licenses are proportionate to the amount and type of tidelands being used by the license holder. For example, the amount of Commonwealth tidelands displaced by a dock with slips determines the amount of fee paid to the Commonwealth for the license. These licenses are long term licenses, in order to incentivize financing and creation of the structures and uses which allow the public to benefit from the tidelands and waterways.
3. Mooring Fees
Commonwealth statute and regulations provide that annual permits (instead of long term Chapter 91 licenses) are available from the locality for placement on a temporary basis of moorings, flats or rafts held by bottom anchor. Until recently, there was no clear statutory authority for fees to be charged by the locality for issuance of these mooring permits. In August of 2004, Massachusetts General Law Chapter 91 § 10A was amended to allow localities to charge a mooring permit fee reasonably proportionate to the cost of issuing a mooring permit. According to the statute, these funds are required to go to a local waterways fund and annual permit applicants cannot be discriminated against on the basis of residency (partly because the Commonwealth, not the municipality, owns the waterway and partly for constitutional reasons).
Some municipalities assert they have authority to charge fees to any boaters using "their harbor", in addition to the boat excise tax user fee the Commonwealth already charges for the waterways and in addition to the fee a Chapter 91 license holder has already paid for the use of the Commonwealth tidelands for docks. Some municipalities assert that they have some other form of authority for charging "local user fees", in addition to the mooring permit fees.
The only clear statutory authority for a local fee, however, is for an annual mooring permit fee proportionate to the cost of getting a mooring permit. It is likely that substantial confusion and misinformed habits have arisen due to the fact that many municipalities did not collect the boat excise taxes they were due for many decades, and some developed alternate but not necessarily legal fundraising habits.
It is important to recognize that municipalities do have clear authority, as business owners, to charge fees for use of municipally owned docks or municipally owned moorings businesses or municipally owned parking areas and the like. They also now have clear authority to charge a mooring permit fee to obtain an annual mooring permit. It is the "extra" user-fee-like charges against all boaters, even those docked at private docks, which is questionable.
MRAA Announces New Membership Benefit
Free Bank Check Recovery
The Marine Retailers Association of America (MRAA) announced today that they have signed an agreement with National Check Retrieval, LLC (NCRLLC) to provide free bank check recovery services for its members. NCRLLC, located in Louisville, Kentucky, will take over for dealers on the collection of NSF (not-sufficient funds) checks. The service is free to MRAA members and they will receive 100% of the check value upon collection. The check writer will pay all penalties, not the retailers. MRAA members must only sign two simple pre-filled out forms to start this service. Signs noting the use of the NCRLLC service will be provided to dealers. "Dealers will no longer have to be bill collectors," noted MRAA President, Phil Keeter. "We are delighted to offer this service to our members from a company that has a collection rate of approximately 90% within 90 days after processing begins." To learn more about this exclusive benefit, go to www.nationalcheckretrieval.com or call Hency Bunner at 502-244-8924 or contact MRAA at 708-763-9210.
Recreational Marine Devastation in the Wake of Katrina
MMTA Member President Insurance Agency has been closely monitoring marine insurance claims in the wake of Hurricane Katrina. In addition to the devastation of cities, towns and lives and livelihoods, Katrina also devastated commercial and recreational vessels, marinas, boatyards and coastal infrastructure. The below photos, taken by Dan Rutherford, document the loss and destruction wrought by Katrina. We remain grateful that, so far, the Hurricane season of 2005 has largely spared New England and we wish those along the Gulf Coast our support as they rebuild and recover.
 
NEWS FROM THE BOATUS FOUNDATION
LAST CALL: $40,000 IN BOATING SAFETY GRANTS AVAILABLE FROM BOATU.S. FOUNDATION
November 1st Deadline to Apply Fast Approaches.
The BoatU.S. Foundation for Boating Safety and Clean Water has a great way for your local non-profit boating organization to help keep our waterways safe - but time is running out. A total of $40,000 is available for this campaign. The Foundation has grants available of up to $4,000 for each boating safety project, but to have a chance at funding, organizations need to apply by the November 1, 2005 deadline.
To download an application and learn more about these Boating Safety Grants, please visit http://www.BoatUS.com/foundation or call 1-800-336-BOAT. Grant applications must be emailed or postmarked on or before November 1, 2005 and will be announced in January 2006.
HEADING SOUTH FOR THE WINTER?
SNOWBIRDS HAVE LOW COST RENTAL EPIRB OPTION
FROM BOATU.S. FOUNDATION
For thousands of boaters who summered up north and want to dodge winter's icy grip, fall is the time for the annual migration south. To save time or avoid shoaling many of these snowbirds elect to travel a portion of their trip outside the protected waters of the Intracoastal Waterway and venture into the open Atlantic Ocean. In an effort to bolster marine safety, the BoatU.S. Foundation for Boating Safety & Clean Water can provide these cruisers with a much-needed lifeline - a low cost 406MHz Emergency Position Indicating Radio Beacon (EPIRB).
This rental program makes these $800 life-saving devices available as low as $50 per week as a public service. Reservations can be made online up to six months in advance at http://www.BoatUS.com/foundation/epirb or by calling 888-663-7472. The rental fee includes round trip shipping via three-day service and the BoatU.S. Foundation handles all of the critical registration information.
FREE PUBLICATIONS
MMTA has extra copies of the following EPA publications:
- EPA New England's Small Business First Stop Environmental Homepage
- Get On Board: New England Clean Engine Partners
- Ship Shape Shore & Waters Handbook for Marina Operators & Recreational Boaters
- Marina Environmental Management Plan: Workbook for Marinas, Boatyards & Yacht Clubs
If you would like a copy, send an email to Leona.Roach@boatMa.com indicating which publications(s) you would like sent to you via US Mail. Supplies are limited.
Upcoming Marine Industry Events
Know of an event that you think should be included? Drop us a line at Leona.Roach@boatMA.com
MMTA-STAPLES BUSINESS ADVANTAGE PROGRAM
Deep discounts and dedicated customer service typically reserved for much larger corporations are now available to MMTA members.
How Do I Enroll?
It's easy. Visit the MMTA Members Only Section at www.BoatMA.com and click on the STAPLES LOGO.
Forgot YOUR MMTA Members Only Password? Remember they are case sensitive:
Username: MMTA
Password: hightide
After you complete the online enrollment, an MMTA-Staples Account Manager will contact you to complete the registration process and assist with any questions you have about getting started. It's That Easy!
E-MAIL CHANGES?
Unlike the US Post Office, the cyberspace postmaster does not forward your e-mail. Has your e-mail address changed? If so, be sure to let us know so you won't miss an issue of MMTA ENews: Send a notice of any email address changes or requests to opt out of future mailings to: webmaster@boatMA.com
ADVERTISE ON BOATMA.COM
THE BEST PROMOTIONAL VALUE FOR YOUR MARINE BUSINESS!
If you do ANY advertising, this is THE place to be! Only for MMTA members, the BOATMA.com web site draws thousands of boaters every single day. There is no better place to get exposure for your marine trades business!
MMTA also invites you to sponsor an ENews Brief. We will feature an image and some text about your company right at the top of a ENews Brief like this one, which is sent to all MMTA members. What a great business-to-business opportunity!
Email webmaster@boatma.com or call David, the BoatMA.com webmaster, at 508-240-2533 to sign up today!
SHARE THE WEALTH!
Like what you have read? PLEASE share these ENews briefs with colleagues and staff of MMTA member firms. While emails are sent to one contact at a Member Firm, all employees of member firms can benefit from this information.
HAVE AN ITEM FOR ENEWS? Drop us a line at: Leona.Roach@BoatMA.co
MEMBERSHIPS SUPPORT MMTA
Do you know a firm that should be a Full or Associate member of MMTA? We want your referrals for membership: just drop a note to Membership Committee Chairman Niven Damon at Niven@nivendamon.com or signup on-line.
New Member applications submitted and approved at the November Board meeting will be eligible for a 14 month membership!
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