august/september 2006 the california yacht brokers association …cyba.info/pdf/cybanews0806.pdf ·...

The California Yacht Brokers Association Newsletter

THETHE

NEWSCYBACYBA

NEWSAugust/September 2006

Inside This Issue:Law Seminar Slated forNovember 9Popu l a r CYBA annua l e ven t scheduled… Page 4

CYBA Committee ReportsLearn about the CYBA Committees… 1

New CYBA AppointmentsBoard of Directors NamesNew Executive Director and Legislative Advocate… Page 14

CYBA Events CalendarMark your calendar for events important to your business… Page 20

(cont. on pg. 3)

CYBA Announces YachtCouncil.orgProfessional Training Seminar Series

MARK YOUR CALENDARS for October 11-16, 2006!

Don’t miss your opportunity to learn what 1,440 Brokers Around

the World Already Know!Yachtcouncil Professional

Training Seminar Series…Free to CYBA Members!

2006 Fall Boat Show SeasonIn California

California boaters are heading down to the waterfront this fall to size up the new and brokerage boats available. See the Fall Boat Show schedule on page 4. Photo courtesy of Yachtfest.

In case you have been in a bilge for the past few months, the California Yacht Brokers Association has launched an awareness campaign highlighting the features and benefits of one of our industry’s most important tools, Yachtcouncil.org.

As part of the CYBA campaign, a series of free Professional Training Seminars has been planned throughout California October 11-16. All CYBA Members, Brokers, Salespersons and Administrators are invited and highly encouraged

California Yacht Brokers Association • August/September 2006

President:Michael B. Wiest, CPYB

O: 510-523-2628E: [email protected]

F: 510-523-2528 • C: 510-917-7749

1st Vice President:Tim Broderick, CPYB


F: 805-682-3819 • C: 805-252-1120

2nd Vice President:Marc Bay, CPYB


F: 209-469-0646 • C: 209-298-3747

Past President:Morrie Kirk, CPYBO: 949-675-3844

E: [email protected]: 949-675-3980 • C: 714-612-1137

Secretary:Nick Friedman, CPYB


F: 310-547-4258 • C: 310-748-5409

Treasurer:Dick Angel, CPYBO: 510-535-6160


Director:Jim Johnson


F: 949-673-1037 • C: 619-784-9002

Director:Guy Newmark, CPYB


F: 310-835-7206 • C: 310-650-4437

Director:Ron Whitelaw, CPYB


F: 562-493-4333 • C: 562-889-6075

Executive Director:Don Abbott


F: 775-353-5111 • C: 775-745-6565

Senior Legal Advisor:Tom Russell


F: 949-854-6001 • C: 949-244-6230

Legal Advisor:David Weil, CPYBO: 562-432-8618


BOARD of DIRECTORS 2006

This month finds us halfway through the year and in our summer boating season. I am pleased and surprised, as well, at the pace of boat sales in California. In spite of the rising prices of fuel and the continuing sales tax, people still seem very interested in boating which translates into continuing business for us.

Our CYBA goals this year include increased Membership, more widespread use of the CYBA forms, more Certified Professional Yacht Broker graduates and increased participation in Yachtcouncil.

At mid year, I feel that we are on track with these goals. I am pleased that several brokers have expressed interest in and have joined the CYBA. I would encourage everyone in the boating business to join CYBA. The CYBA provides several services and benefits to yacht sales professionals. Our Arbitration Committee has proven to be a very successful and cost efficient method of solving differences. The CYBA has carefully written a complete set of transaction forms which have been thoroughly reviewed by legal sources and will protect you. Our organization encourages and promotes a high standard of ethics in our profession and being associated with the CYBA, shows that YOU, the broker, hold ethical behavior to the forefront.

We also are a great way to network and offer several educational

opportunities throughout the year. Please look for announcements about our upcoming legal seminar. The Legal Seminar will be held in Southern California in November. While you are planning ahead, be certain to reserve January 27, 2006 to attend our Annual Dinner at the Monterey Bay Aquarium. This is always a very popular event; and a great way to meet your fellow brokers, and other people in related fields with whom you do business: insurance, banking, title and government. Please mark your calendar and set aside a day to enjoy the Monterey Bay Aquarium with its million gallon fish tank, great food, dancing and networking.

The Certified Professional Yacht Broker program has been growing in California. Dean West and Lon Bubeck have organized and provided several training seminars and twenty one California Brokers are now CPYB certified. We continue to encourage all of our eligible Brokers to test for the certification. This certification sets higher standards in our industry and not unlike Real Estate certifications is useful when discussing with your clients what you can do for them.

The CYBA continues to work with Yachtcouncil and we encourage all of our Brokers to get online with Yachtcouncil.org and Yachtcouncil.com to sell boats on this MLS. We feel this system offers benefits to our industry and protects our

California Yacht Brokers Association • August/September 2006 PAGE 3

to attend. Certified Professional Yacht Broker (CPYB) credits (8) will be granted to all members who participate.

Whether you are currently a Yachtcouncil member or not, do not miss this extraodinary opportunity to learn about the most advanced online tool our industry has ever seen. If you want to compete in the digital age, this event is a must!

SCHEDULE:8:30am – 12:30pm Sales & Marketing Training12:30pm – 1:30pm Lunch1:30pm – 4:40pm Administrative Training

• Wed., Oct 11 San Diego • Thurs. Oct 12 Long Beach• Fri., Oct 13 Oxnard• Mon., Oct 16 Oakland

AGENDA• NAVIGATING YACHTCOUNCIL – My System Settings: Set your own standards Contact Management Instant Messaging Printing/ Emailing Vessel Lists/ Market Reports

• MARKETING – Improving Your Virtual Office: Make your Website More Professional (Templates) Be more effective with your emails Lead your clients to your company’s website Tracking your clients activity (Consumer Registration/ Activity Reports) – Marketing Online: How to Save Time & Money Drive more traffic to your site Working the search engines with your

Yachtcouncil site Keywords

• CONTACT MANAGEMENT (CRM): – Prospecting Automatically Prospect your entire

Customer database daily! Monitor your clients online activity – Contact Management Calendar & Scheduling My Schedule Contact Links Tracking Client History Automatic Prospecting

YachtCouncil Seminar… (cont. from pg. 1)

(cont. on pg. 4)

The CYBA President, Michael Wiest, has appointed the 2006 Nominating Committee consisting of Morrie Kirk, Jim Johnson and Guy Newmark. Any Member who would be interested in serving on the CYBA Board of Directors should contact any one of the Committee Members. If you wish to suggest someone for the Board of Directors please let us know that as well. We are always looking for Members to get involved in the operation of this Association, which is in existence for the betterment of the yacht brokerage industry.

Morrie Kirk, Chairman, Phone: 949-675-3844, Email: [email protected] Johnson, Phone: 949-675-8092, Email: [email protected] Newmark, Phone: 310-834-2830, Email: [email protected]

Nominations Requested for CYBA Board of Directors

As always your comments are welcome. Please call me at 510-917-7749 or send me an e-mail at [email protected].

Michael Wiest, CPYB CYBA President

business. For Sale by Owners are not allowed to compete with professionally listed boats on this site. We need to protect our business. Please call me if you have questions about any related issues.

Make A Splash in the Water Not in Your Drink Glass.

A friendly reminder from your friends at the CYBA not to

drink and boat.Let’s make this a safe

boating season.


Yacht Sales & The Law IX Slated for November 9, 2006Always a standing room only event, the CYBA Annual Law Seminar has been scheduled for Thursday, November 9, 2006 at the Bahia Corinthian Yacht Club in Corona Del Mar. This popular full day seminar features topics of ongoing interest to the yacht brokerage industry and important current issues that determine how we conduct our daily business, relate to each other as brokerages and our responsibilities to our clients. As well, the Law Seminar looks at proposed developments that will affect our brokerage businesses in the future. A variety of industry related professionals provide valuable insights and lead lively discussions about issues that shape our industry. A diverse audience of brokers, salespeople and industry associates adds important perspectives and a chance for everyone to network. The roster of speakers and industry related subjects is being developed and Membership input is encouraged. Please contact Tom Russell, Senior Legal Advisor at [email protected] with your suggestions or questions about discussion topics. Mark your calendar for November 9, 2006 and plan to attend this extremely worthwhile event. Look for additional schedule and location information in future issues of the CYBA News.

The Bahia Corinthian Yacht Club in Corona Del Mar will host the CYBA Annual Law Seminar.

Make A Splash in the Water Not in Your Drink Glass.

A friendly reminder from your friends at the CYBA not to

drink and boat.Let’s make this a safe

boating season.

2006 Boat Show CalendarSeptember 7-10: Lido Yacht Expo, Lido Marina Village, Newport Beach, www.goboatingamerica.com

September 9-17: 34th Annual Fall Boat Show, Jack London Square, Oakland, www.ncma.com

September 13-17: YachtFest, Shelter Island Marina, San Diego, www.yachtfest.com

October 5-8: International Sail & Power Boat Show, Long Beach Convention Center & Shoreline Village Marina, Long Beach, www.scma.com

• MARKET RESEARCH AND AWARENESS – Monitoring the Market and Staying Ahead

of the Consumer Quickly monitor new listings to market

& price changes Online activity for your listings Sold Boats Database – Reports In-Active Vessels Vessel Activity Vessel Activity Emails Boat Show Vessel Lists Sold Vessels Reports Members / Brokers / Administrators – Targeted Services Documented Vessel Owner Search Terrorist List: Your obligations as

a broker Trophy List: Stop wasting time with

phony buyers

• EFFECIENCY & EFFECTIVENESS – Instant Messaging Chat with clients Communicate with staff & other brokers – Working without wires Work from Anywhere: Network your

office with no hardware or software! Handhelds & PDAs Wireless Services Palm Microsoft Windows CE WAP

• BECOMING A BETTER BROKER – Get more listings The value of Central Listings


(cont. on pg. 6)


How to keep listings once you have them

– Target Marketing Find any the owner of any documented

vessel Instantly Obtain Hull ID# & Basic Specs

• LISTING MANAGEMENT – Creating Professional Looking Listings: How to Create Uniquely Professional

Looking Listings Create custom in-house

templates Section Names & Order – Brochures What is the difference between PDF / HTML / or Word? How you can prepare in any

format Print Quality Brochures Quickly (Trifold,

Vessel Business Cards, Post Cards) Email Professional Looking Listings

Effectively – Reporting to Seller Emailing Activity Reports to Seller

• DATA MANAGEMENT – In-House Database Boat History Comments – Sold Boats Database – Managing Listings Personal Listings Company Listings Office Listings Vessel Status – Building a Listing New or Used Power vs Sail

Above or Below 70’ Duplicate Vessels – Adding Users Office, Administration, Sales

• ADVERTISING SERVICES – Digital Advertising Window & Show Display Vessel Video

Loops – Print Services Online Advertising Free Data Feeds

• PROFESSIONLISM – Setting yourself & your company apart Competing with FSBO Professionalism CPYBA Certification Personal Photos Integrity & Standards

The CPYB accredited Yachtcouncil.org Training Seminar will introduce you and train you how to use all of the new features and benefits that have been added to your Industry’s MLS. Don’t miss this exciting opportunity to learn all about this very important and valuable tool. Not only will it protect your future and enhance your professionalism in this industry, but it will also help you save time, money and help you sell more boats!

Call 1-561-671-9997 to speak to a Yachtcouncil representative to register your company today and confirm your seat for this event…Free to CYBA Members!

Not using Yachtcouncil yet? Call today to get started and take advantage of CYBA’s free 2006 Yachtcouncil membership promo!


CYBA BOARD OF DIRECTORS MEETINGJuly 12, 2006 VENUE: Long Beach Yacht Club CALL TO ORDER: Michael Wiest called the Meeting to order at 1:15 P.M. ATTENDING: Michael Wiest, Morrie Kirk, Dick Angel, Marc Bay, Tim Broderick, Nick Friedman, Jim Johnson, Don Abbott, Guy Newmark GUESTS: Bob Gorman, Bill Kraus, Dean West, Jeff Long, Bob Leslie, Lon Bubeck, Gina Ebling. Jack Buckley, Dave Weil, Peter Marshall, Patty Brown

Miquel Corelli, Darren Hubacher, Randall Burg, Hal Probst

MINUTES: Minutes were approved as distributed by e-mail . Motion to approve by Guy Newmark, 2nd Morrie Kirk.

FINANCIAL: Financial Report was approved with a motion by Dick Angel w/ 2nd by Guy Newmark.All dues are paid in full.

CORRESPONDENCE: None

(cont. on pg. 16)


YachtFest San Diego cordially invites Members of California Yacht Brokers Association to attend the 7th Annual YachtFest presented by San Diego Marine Exchange. Our mission is to become THE place to buy, sell, or charter a superyacht in the Western United States. YachtFest is a celebration of the yachting lifestyle, showcasing some of the finest superyachts against the backdrop of the beautiful San Diego skyline. Visitors from around the world travel to San Diego to discover why it is one of the best destinations for yacht enthusiasts. This unique event features a relaxed and intimate atmosphere where visitors can view and tour these impressive superyachts, enjoy VIP hospitality, music and experience the elegance of this upscale lifestyle. The latest in yachting equipment and luxury goods will be on display giving visitors an exclusive look at the best products available.

YachtFest wi l l be held at Shelter Island Marina September 14th through 17th. The show is open daily from 11 a.m. to 6 p.m. YachtFest has special ticket packages available for CYBA Members/marine

CYBA Invited to Attend YachtFest San Diegoprofessionals to enable you to have the ultimate experience:

• A Four-Day Marine Professional Pass is available at the incredible price of $50 to gain access to all four days of the show.

• Marine Professionals looking for the ultimate YachtFest experience can purchase an All-Access Networking Pass for $300. This includes the Four-Day Marine Professional Pass and invitations to the following events:

- Opening Night Party - Captain & Crew Party - Sunset Rendezvous• New for 06’Broker Voucher Program to entertain

clients- Participating yacht brokers can offer their clients vouchers to YachtFest for only $15 (only charged for vouchers redeemed).

For more information a n d a l i s t o f

participating superyachts please call (858) 836-0133 or visit www.yachtfest.com.


The common initial reaction to Mandatory Boater Education or Licensing in California is an immediate…No, the government shouldn’t be imposing another restriction on us! From most brokers’ perspectives, mandatory education or licensing is just another obstacle that will direct prospective boat buyers away from the boating marketplace.

The fact is, boater education or licensing will likely happen in California, as it has in 37 other states in the US. The fact is, also, that we have the opportunity to say what the boater education or licensing should be and the government is asking for our participation to make that decision.

In late July, the Department of Boating of Boating and Waterways (DBW) sponsored a daylong seminar in Los Angeles to gather public opinion on the development of this program. The DBW’s perspective from the DBW Director, Ray Tsuneyoshi, was that the Department supports boater education as a safety measure, but mandatory boater education or licensing must come from the boating community. As well, the Department cannot write the legislation, however, the DBW can sponsor and advise whoever proposes the legislation.

The meeting, led by a professional facilitator, featured national boating safety statistics presented by Bill Gossard of the National Transportation Safety Board and opinions by a wide variety of speakers. These speakers represented boating safety associations, special interest groups and boating professionals with many varied and valid perspectives, but a clearly common opinion was that a boater education program, yet to be created, should be established in California.

The afternoon session was an enjoyable mixture of

The boating public participates in a DBW sponsored Boating Safety Education Meeting in Los Angeles in late July to provide input to mandatory boater education or licensing

EDITORIALThe Evolution of Boater Education in California

(cont. on pg. 10)


speakers and a visioning process of what the boater education program should look like. All of this was in preparation for a second meeting held in Sacramento in mid-August. We are waiting to hear from the DBW as to the outcome of these meetings and look forward to reporting the results in future issues of this newsletter.

It appears very likely that California will eventually have legislation leading to boater education and that law will be the result of participants who create the input to this program and legislation. Go to: www.dbw.ca.gov/BoaterEdReq.asp to learn more about this process. You and your boat buying customers are encouraged to provide input to the development of this program. If we don’t participate in this process, it’s very likely that we won’t be pleased with the results.

The CYBA hopes you’ve had a successful summer and will have a productive fall boat selling season!

Tim Broderick, CPYBEditor, CYBA News

Coast Guard Boater Education Initiative FailsThe proposal would have given the agency the authority to require nationwide boater education

standards.

WASHINGTON, D.C. (LNS) - A Coast Guard request for authority to require mandatory boater education - which could be compared to licensing - for recreational boat operators has failed.

Language that would have allowed the Coast Guard to establish mandatory proficiency standards for recreational vessel operators was deleted from the final version of the Coast Guard and Maritime Transportation Act of 2006 (H.R. 889) before it passed the House June 27 on a 413-0 vote and went to President Bush for signature.

The proposal would have granted the Coast Guard authority to issue regulations that adopt and enforce state boater education standards within areas of concurrent jurisdiction and apply a federal education standard where no state standard exists.

Currently 44 of 56 states and territories have established some level of operator proficiency requirements, the Coast Guard said.

The Coast Guard said that under the operator proficiency regulations it proposed, adult operators would only be impacted in those jurisdictions where

Boater Education… (cont. from pg. 9)

(cont. on pg. 11)


FIRST AMERICAN VESSEL TITLEA DIVISION OF

First American Transportation Title Insurance CompanyNYSE:FAF

Protection for your marine transactionsthrough Vessel Title Insurance

510 Bienville StreetNew Orleans, Louisiana 70130800.247.4035 Fax: 800.648.5021www.firstam.com/transportation

A C O M PA N Y I N M O T I O N

no state regulation exists or in waters subject to federal jurisdiction only.

California presently does not have mandatory boater education requirements. The Department of Boating and Waterways has scheduled two public forums this summer - July 20 in Los Angeles and August 17 in Sacramento - to evaluate interest in developing a recreational boa operator education requirement in California.

Reprinted from The Log, Thursday, July 13, 2006

The CYBA Board of Directors makes decisions based on the research, work and recommendations of its thirteen Committees. In the last newsletter we introduced you to some of our Committees. Below are some of the other Committees and what they are accomplishing for the CYBA Membership:

CPYB Committee

The Certified Professional Yacht Broker designation is a benchmark for measuring the skills, abilities and performance of yacht brokers nationwide. The designation gives boat sellers an additional tool to select qualified, competent yacht brokers. The CPYB Committee works with CYBA Membership to make them aware of and to get them into the CPYB program. It also schedules training sessions and testing for applicants to the program. The National Yacht Broker Certification program is a joint effort of the CYBA, the Yacht Brokers Association of America (YBAA, Annapolis, MD), the Florida Yacht Brokers Association (FYBA, Ft. Lauderdale, FL) and the Northwest Yacht Brokers Association (NYBA, Seattle, WA). Another function of the CPYB Committee is to represent the CYBA on the Certification Advisory Counsel, the advisory board to the CPYB program. The Committee Members are Lon Bubeck, Morrie Kirk, Dean West, and Nick Friedman. Please feel free to contact any of these Members for further information on the program.

Forms Committee

Your CYBA Forms Committee is charged with creating, maintaining, and updating the package of form contracts published and distributed by the CYBA. The Committee is comprised of Brokers from different regions and different industry segments,

as well as both of the CYBA’s Legal Counsels. This collaboration allows experienced input from the “practical” side of the business to be merged with sound legal principals. The resulting forms are recognized throughout the industry as the standard contracts for use in all brokerage transactions in California, and many features of these forms have been copied by other industry organizations for use in other States.

The Committee recognizes, however, that no document is perfect, and revisions are published every year or two. Each new release reflects changes in the law that may have developed after the prior release, as well as practical changes to make the forms easier to use and understand. To that end, the CYBA Membership is invited to participate in this process, by sending an email with suggestions for changes to any of the Members of the Committee.

The latest news from the Committee includes an effort to make the forms available on-line to the Membership, and a dedicated seminar to provide assistance in the use of the forms. The seminar will help Brokers and Salespeople to work with their clients and with other brokers, and all users of the

Initiative Fails… (cont. from pg. 10)

The Business of Guidingthe CYBA

(cont. on pg. 12)


is looking to expand it’s

presence in the Southern California market and currently has a position available as an

Area Sales Manager.

We are only looking for motivated sales oriented individuals. If you are interested in joining our team, please fax your resume to

800-637-6731 to the attention of Fred Roman.

forms are encouraged to attend. If you are not already a forms user, the CYBA encourages you to reconsider. This is the least expensive legal advice that you are likely to receive anywhere!

The Forms Committee is chaired by David Weil and includes Michael Wiest, Marc Bay and Nick Friedman.

Membership Committee

Initially, I (Marc Bay) wish to thank Committee Members Jack Buckley and Nick Friedman for their efforts in getting the Committee started on a new path. They both have worked tirelessly to get this thing rolling.

The Membership Committee has, at long last, come to life. The Board approved a three thousand dollar budget for the Committee and I am pleased to report that we are getting the job done while remaining in budget!

We decided to take a two pronged marketing approach, going directly after new Members and a public awareness program, so that when they “Look for the Logo” they will know why. We also strongly felt that public awareness would equate to more people asking if a Brokerage is a CYBA Member, which would increase our perceived value to prospective Members. We also are pushing for additional Associate and Affiliate Members.

Our marketing plan includes a major push for boat show promoters to donate booth space to us where we will pass out items to brokers, salespersons, industry related companies and the public. The items include a brochure for prospective Members that incorporates an application and for the public a nice bag for their collected boat show brochures and goodies as well as a brochure from us explaining why they should “Look for the Logo”. We will have a

booth at a pivotal point in each of the shows with a large banner on the backdrop and a table from which we can pass out our materials.

All of the major show producers have agreed to support us. They include Duncan McIntosh, the SCMA, the NCMA, and YachtFest (Integrated Sports).

Guy Newmark and myself manned the booth for our first outing at the San Diego Summer Boatshow. It went well even though we had record (over 100 degrees) heat and humidity for San Diego. Our next shows will be the Newport show (9/7-10), Jack London show in Oakland (9/9-17) and YachtFest (the San Diego megayacht show) (9/14-17). We really need some volunteers to assist in watching the booths in Newport and Oakland. If you don’t have a boat in the show and would like some exposure, please contact Jack at 619-398-2984 for Newport and Marc Bay at 209-298-3747 for Oakland.

Wish us luck, volunteer to help and we will increase our numbers allowing us to spend more on public awareness and programs to benefit the Membership.

Social & Publicity Committee

The Social and Publicity Committee is comprised of three CYBA Board Members. This year the Committee includes are Guy Newmark (Chairman), Michael Wiest and Dean West. The aim of the Committee is to promote the CYBA to its Members, the maritime population and the general public.

This Committee plans the largest event of the year: The Annual Dinner Dance at the end of January each year. They choose a site, negotiate rooms and rates, and plan the various social events: golf, wine tasting etc. Finally, they procure sponsors for the evening and ensure they are recognized and supported by the CYBA Membership.

By the way, do not miss this year’s 2007 Dinner Dance in the Outer Bank Tank Room of the Monterey Bay Aquarium on January 20, 2007. Due to the overwhelming popularity of the 2003 Annual Dinner, the Membership has chosen to return to Monterey again. Your reservation application can be found in this newsletter.

CYBA Committees

Legal: Tom Russell*, Dave WeilArbitration: Ron Whitelaw*, Dean West,

Guy Newmark, Bob Leslie,

Guiding The CYBA… (cont. from pg. 11)

(cont. on pg. 14)


ANNUAL DINNERSaturday, JANUARY 20, 2007

You are cordially invited to attend the California Yacht Brokers Association’s 2007 Annual Dinner Meeting for

Members, Guests and Prospective Members at theMonterey Bay Aquarium

886 Cannery Row, Monterey, CA 93940(831) 648-4800

www.montereybayaquarium.org

Send Dinner Reservations to:CYBA Dinner

c/o Recreation Publications • 4090 S. McCarran Blvd., Ste. EReno, NV 89502

Ph. 800-875-2922 • Fax: 775-353-5111Visit the many historic points of interest that are minutes awayFish & whale watching, bicycles,

in-line skates, 17 championship golf courses, Laguna Seca Raceway,

world renowned shops of Carmel-by-the-Sea, Big Sur,

17-Mile Drive, Cannery Row, Fisherman’s Wharf and Old Town

Monterey to name a few.

A Few Suggested Hotels:

2007 CYBA ANNUAL DINNER RESERVATIONPlease reserve _____places @ $50.00 per personCompany _________________________________Contact ___________________________________Telephone _________________________________Reservation Names (please print or type)_________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________❏ Mastercard ❏ Visa ❏ Check or Money OrderCard # ____________________________________Signature __________________________________

Carmel Coachman’s Inn 1-800-336-6421 Approx. Price of Rooms: $119.00

Monterey Peninsula Inns 1-800-575-1805 Approx. Price of Rooms: $79.00 - $109.00

Portola Plaza Hotel 1-866-711-1204 Approx. Price of Rooms: $200.00

Comfort Hotels 1-888-970-7666 Approx. Price of Rooms: $49.00

Monterey Fireside Lodge 1-800-722-2624 Approx. Price of Rooms: $100.00

Colton Inn 1-800-848-7007 Approx. Price of Rooms: Call For Prices

Sand Dollar Inn 1-800-982-1986 Approx. Price of Rooms: $99.00

We will have exclusive access to the entire Aquarium, which will

be closed to the public during our dinner/dance.

Monterey Bay Aquarium has been chosen to host the CYBA Annual Dinner/

Dance. The Monterey Bay Aquarium is a non-profit, self-supporting institution. Its purpose is to increase

understanding and awareness of Monterey

Bay and the marine environment through sea life

exhibits, public education and scientific research.


Dick Angel, Morrie Kirk, Jim Johnson, Lon Bubeck, Bob Merritt

Legislation: Dick Angel*, Bob LeslieSocial and Publicity: Guy Newmark*, Michael Wiest,

Dean WestMembership: Marc Bay*, Bob Merritt, Don

Abbott, Jeff LongForms: Dave Weil*, Michael Wiest,

Marc Bay, Nick FriedmanEthics: Dean West*, Lon Bubeck, Ron

Whitelaw, Guy Newmark, Bob Leslie,

Morrie Kirk, Dick Angel, Dave Weil

Internet and Media: Jim Johnson*, Bob Merritt, Dean West, Dennis Moran

Newsletter: Tim Broderick*CPYB: Lon Bubeck*, Dean West,

Michael Wiest, Nick Friedman, Morrie Kirk,

Dave WeilLaw Seminar: Tom Russell*, Dave Weil, Anita

Mays, Dick AngelBoat Show: Michael Wiest*, Marc Bay, Lon

BubeckBoating Education: Tim Broderick*, Michael Wiest,

Marc Bay, Guy Newmark

Any of the CYBA Committees would greatly appreciate your input, questions and participation. Contact information for Committee Members can be found on page 2 of this newsletter. Look for additional Committee reports in future issues of the CYBA News. *Committee Chairman

The CYBA Board of Directors has appointed Bob Gorman as the new Executive Director. Involved in the Recreational Marine Industry for over 40 years, Bob will step in for the retiring Executive Director, Don Abbott, at the end of this year.

Bob Gorman began his career as an outside salesman for a marine distribution company in 1965. After ten years Bob accepted the position of Regional Manager for the Western United States for AMF Corporation. In 1979 Bob started an independent sales representative

company which included the AMF boat lines of Alcort, Paceship, Rabalo and Slickcraft. Bob Gorman was elected to serve on the Northern California Marine Association (NCMA), Board of Directors. During his 17 years serving on the Board, Bob was a Committee Chairman, Secretary, Treasurer, Vice President and served two terms as President. His business evolved into a wholesale and import company selling Calkins boat trailers and small boats imported from several countries. In 1992, Bob sold his business to Calkins Manufacturing and remained on as its Manager until 1995 when he accepted the position of Executive Director of the Northern California Marine Association (NCMA).

As Executive Director of NCMA, Bob Gorman has formed business relationships with Sail America, to produce the Pacific Sail Expo and the Sacramento Valley Marine Association to manage the Sacramento Boat Show and Folsom Water Festival. In addition to the show management for SVMA, the NCMA manages the SVMA and its association business.

Bob Gorman, the son of CYBA Past President Bill Gorman, is an avid boater. He and his wife Jeanne own a Gulfstar 50 (Spirit) berthed in La Paz, Mexico and live in Alameda, California.

Bob GormanCYBA1555 Doolittle Dr., Suite 170San Leandro, CA 94577Phone: 510-614-8890Fax: 510-614-1002Cell: 510-557-1620

CYBA Elects New Executive Director for 2007

Guiding The CYBA… (cont. from pg. 12)

The Board of Directors has interviewed and hired a new legislative advocate to look after the CYBA’s interests in Sacramento. William Krauss, a principal of The Apex Group, is a governmental advocate specializing in issues involving the State Legislature, as well as various state regulatory agencies.

Mr. Krauss began his political career as a Field Representative for Senator Tim Leslie. In that capacity he served as the Senator’s advisor on a variety of issues affecting his district with an emphasis on water policy matters.

After leaving the Senator’s office, Mr. Krauss went into business for himself, founding a political consulting

CYBA Appoints New Legislative Advocate


Attention all interestedYacht Brokers and Salespersons:

CERTIFIED PROFESSIONALYACHT BROKER (CPYB)

~ STUDY SESSION AND TESTING ~

Contact Lon Bubeck, Morrie Kirk,or Dean West for nextstudy session & exam.

The CYBA is conducting a study session, immediately followed by the examination, for all those interested in becoming Certified Professional Yacht Brokers. This will be our first available session,

in response to the great interest in this worthy program.

If you have a desire to take your business and personal accomplishment up to the next level, you owe it to yourself and

your clients to earn the CPYB designation. Join a growing number of the best and brightest brokers nationwide in increasing your

knowledge, professionalism, and ethical standards as they relate to your chosen profession.

For complete information, including study materials, applications, and required qualifications, please visit the National Yacht Broker Certification website at www.cpyb.net. There you will find all the

forms you need in a downloadable format.

If you have any questions, please contact one of the CYBA’s Members on the Certification

Advisory Council:

Lon Bubeck, CPYBFlying Cloud Yachts, Long Beach

[email protected]

Morris Kirk, CPYBOrange Coast Yachts, Newport Beach

[email protected]

Dean West, CPYBMerrill-Stevens Yachts, San Diego

[email protected]

You may also respond to [email protected] or contact any CYBA Board Member. The National Yacht Broker Certification office needs time to process your application and to perform your

background check.

Brokers wishing to attend the study session, but who are not testing, are welcome. However you must reserve a space! Seating

is limited!

NOTE: This session is for CYBA Members only. If you are not yet a Member, and would like to join, contact the CYBA office

immediately @ 800-875-2922.

firm specializing in issues surrounding the charter school movement. In addition, Mr. Krauss served as a political consultant and campaign manager on a state legislative race.

After several years in politics, Mr. Krauss took a position in the business sector as a manager with a large manufacturing company. His experience in the manufacturing industry has given him an invaluable understanding of the intricacies of business and the impact public policies have on the economy.

Mr. Krauss returned to political activity by accepting a position with The Apex Group, where he serves as the lead advocate on several clients, including the California Mining Association, Lennox International, all of the firm’s recreation-industry clients, and shares responsibility on several other clients of the firm.

Mr. Krauss graduated cum laude from California State University, Sacramento, with a bachelor’s degree in Government and a minor in Communications Studies.

William E. KraussThe Apex Group 980 Ninth Street, Suite 1580Sacramento, CA 95814(916) 444-3116(916) 444-7841 [email protected]

Look For The CYBA Logo Campaign

The CYBA Look for the Logo marketing campaign is underway to provide each Member with two free boat signs. Additional signs can be purchased for $5 each. Gain additional recognition for your listings at the dock or boat show!


LEGAL: No report

ARBITRATION: Solomon v. Huffman: tabled until August

LEGISLATION: 1) Tim Broderick will attend Los Angeles hearing on DBW Boating Safety July 20 in Los Angeles and Dick Angel will attend the Aug 17 hearing in Sacramento. Both will take notes and present at the Board Meeting following the hearings. Board will discuss a position upon Tim’s report. General discussion on this issue in the past has had the CYBA in favor of voluntary boater education, but we have not supported mandatory licensing. A high percentage of boater accidents come from jet ski or ski boat use, but not large ocean going boats that we interface most with. 2) Bob Leslie introduced us to Stuart and Associates, a legislative tracking service. 3) Discussion was held regarding a coordinated effort with DBW for some legislative changes.

SOCIAL/PUBLICITY: 1) A motion was made by Guy Newmark and 2nd by Jim Johnson to send the payment of $3,900. to the Monterey Bay Aquarium to reserve the Annual Dinner function. Motion passed.

MEMBERSHIP: 1) A booth is ready for boat shows. 3 banners have been ordered and both consumer and industry brochures at in process and should be ready by the San Diego Summer Show. 2) Randal Burg addressed the Board regarding his application for Membership. Voting to accept him was delayed until the August Board Meeting. 3) Robert Steel and Richard Nathenson were approved to rejoin.

FORMS: 1) The discussion about forms on the Internet continued. 2) A Committee Meeting will be held prior to the next Board Meeting. 3) September 1 is the deadline for changes.

ETHICS: No Report. A Committee Meeting will be held prior to the next Board Meeting.

INTERNET AND MEDIA: 1) CYBA website – more changes. Adding 2 sections: One is the benefits of being a Member and the other is a section for scheduled activities. 2) The IYC has had two calls since the promotion has gone out in the newsletter. They are interested in doing weekly or bi-weekly Webex meetings. Don suggested that David Greer come out for a month and help promote the program. Guy wants promo

material from IYC for the CYBA Booth at the San Diego show.

NEWSLETTER: 1) Tim Broderick to notify Board Members of next deadline and assignments.

CPYB: 1) We have a couple of applicants. A goal was created of 20 new applicants over the next ninety days. So far all are Brokers, no salespeople have applied for CPYS certification. Need to schedule another training session in either San Diego or Newport Beach.

LAW SEMINAR: 1) Date is confirmed for November 9, 2006. BCYC is confirmed as the venue. November Board Meeting will take place Nov 8.

BOAT SHOW: No Report.

UNFINISHED BUSINESS: 1) Dick Angel moved and Guy Newmark 2nd a motion nominating Bob Gorman as Executive Director of CYBA and that we hire him and the NCMA. The motion passed unanimously. 2) Guy Newmark moved and Jim Johnson 2nd a motion that we hire Apex Group to represent us as a lobbyist in Sacramento. After lively discussion the motion passed. August 1, 2006 to be the hire date. 3) Randall Burg’s Membership vote was tabled until next month.

NEW BUSINESS: None ADJOURN: 4:30 PM by President Michael Wiest.

Next Meeting will be held Aug 2, 2006 at the Long Beach Yacht Club (Please note that this was moved to Aug 9 after the DBW Test meeting at the Long Beach Yacht Club.

Respectfully recorded and submitted by Nick Friedman, Secretary

CYBA BOARD OF DIRECTORS MEETINGAugust 9, 2006 VENUE: Long Beach Yacht Club CALL TO ORDER: Michael Wiest called the Meeting to order at 4:20 P.M. (cont. on pg. 17)

CYBA Board Meeting… (cont. from pg. 6)


ATTENDING: Michael Wiest, Morrie Kirk, Dick Angel, Marc Bay, Tim Broderick, Nick Friedman, Jim Johnson, Guy Newmark, Ron Whitelaw GUESTS: Bob Gorman, Gina Ebling from DBW and her assistant Sylvia Holmquist, Dean West, Jeff Long, Lon Bubeck, Jack Buckley, Dave Weil, Peter Marshall, Patty Brown, Vicki Snyder, Dale Meredith

MINUTES: Minutes were approved with minor corrections. Motion to approve by Marc Bay w/ 2nd by Jim Johnson.

FINANCIAL: Financial Report was approved with a motion by Dick Angel w/2nd by Nick Friedman.

CORRESPONDENCE: None

LEGAL:1) Please send an e-mail to Tom Russell if you have any suggestions for speakers for the Legal Seminar.2) Please e-mail Dave Weil with estimates of what a small medium and large brokerage will do in unit volume and commission volume. He is putting together a packet for an insurance company to quote errors and omissions policies.

ARBITRATION: Solomon v. Huffman: PostponedJones v. Berkley waived 30 day noticeBetsy Harvey has registered a complaint against John Beery yachts

LEGISLATION:1) Tim Broderick reported on the DBW Boating Education Meeting held in LA on July 20th. Attending were either industry people or a few individuals impacted by a serious boating injury with little or no attendance by boaters. It was DBW’s hope that the boating public would attend and be surveyed. They are looking for an opinion from the general public to help determine whether or not mandatory boating education or licensing is of benefit in California. Bill Gozzard from the NTSB presented detailed statistics about boating injuries and brought the attendees up to date with activity in the rest of the country. Essentially this meeting was an introduction and the challenge is to create a vision of where we as a community would like to be regarding the issues of boating education, mandatory or voluntary, or licensing.2) Dick Angel reported that Apex is working against a Bill that would take $20,000,000 from DBW funds for salmon fishermen relief. They feel this is not appropriate spending for these funds.

SOCIAL/PUBLICITY:1) It was agreed to poll our members if they would

like a forms seminar in Monterey to coincide with the Annual Dinner. If so, Dave Weil will put one on. It was suggested to do this through the newsletter as an alternative.2) A letter or invitation needs to go out to DBW for the Annual Dinner also.

MEMBERSHIP:1) Tim Livingston from OnCourse Yachts has applied for Membership2) Randal Burg has withdrawn his Membership application.3) The CYBA booth in San Diego was a great success. It is a goal to do a booth at the major boat shows from now on. Yachtfest has invited us to have a booth at their show. 4) Dave Weil suggested we create a specific process for Membership reviews when there are objections to an applicant becoming a Member.

FORMS:1) Any recommendations for changes need to be e-mailed to Dave Weil ASAP.

ETHICS: No Report

INTERNET AND MEDIA COMMITTEE:1) Majority of the forms are uploaded onto Yacht Council.2) Response from Ca Brokers to the IYC promo has been minimal.

NEWSLETTER:1) Tim Broderick to notify Board Members of next deadline and assignments.2) Completed a 20 page newsletter and mailed it to all CA Yacht Brokers and Salespersons.3) A motion was made by Marc Bay w/2nd by Morrie Kirk to combine the August and September newsletters into one.

CPYB:1) Discussion was held regarding adjusting credits for recertification, we are part of that Committee.2) There are approximately ten applicants awaiting a training session. Morrie and Lon will meet to plan a training session somewhere in Southern California.

LAW SEMINAR:1) Date is confirmed for November 9, 2006. BCYC is confirmed as the venue. November Board Meeting will take place Nov 8.

BOAT SHOW: None

UNFINISHED BUSINESS: None


(cont. on pg. 19)


Members of the California Yacht Brokers Association enjoy many benefits and privileges that make conducting business in an ever complex and evolving business environment, easier, friendlier, and more productive than ever before. Some, but certainly not all, of the benefits are highlighted below.

Standard Contracts and FormsThe CYBA provides, at a very nominal added cost, Members with the most comprehensive set of contracts being used in the yacht Brokerage industry today. They are a culmination of many years of research and improvements, authored by our Legal Counsel, Mr. Thomas A. Russell, ESQ. Use of these contracts are a Broker’s best defense in avoiding unnecessary litigation.

Arbitration & Grievance CommitteeThe CYBA offers the finest Arbitration & Grievance process/service in the industry and serves as the model that other organizations have patterned their arbitration process after. In a nutshell, we assist in keeping you out of court if a problem occurs.

Code of Ethics The CYBA Code of Ethics is another cornerstone of the yacht Brokerage community, worldwide. It is the Code of Ethics that all other organizations have studied and used as their guide to formulating their own Code of Ethics. We are very proud of our Code of Ethics and require that all Members abide by them.

EducationWe host an Annual Legal Seminar that features educational guest speakers and our Members get updated on the latest legal trends in the industry. We are currently looking into the possibility of developing continuing educational materials.

Close Working Relationship with the Department of Boating & WaterwaysThe DBW feels that a close working relationship with the CYBA is so important that they have a representative attend our monthly Board Meetings. This is the most effective way for us to communicate with each other on critical issues that occur on a daily basis. Never before has this communication and working relationship been better.

LegislationThis is one area that even Non-Members have benefited, perhaps without knowledge. The CYBA monitors all legislation that may have an impact on our profession and oftentimes, we sponsor legislation. The most recent examples of legislation that we sponsored are: (1) The passage of AB 2268, which now requires the Unemployment Insurance Code to recognize yacht salespersons as “independent contractors”. (2) The passage of AB 2119, which recognizes electronic signatures as having the same validity as an original signature. After a long and exhaustive battle, the DBW also has agreed to recognize faxed signatures as having the same validity as original signatures. These two examples are monumental strides that the CYBA accomplished for our industry in 1998 and 2000 respectively.

CYBA NewsletterOur monthly newsletter keeps us all well informed and connected to each other and welcomes input and contributions from all Members.

CYBA WebsiteThe CYBA has a website that features our Code of Ethics, explains the Arbitration & Grievance process, and all Members are listed in the Member Directory for the public to access easily.

CYBA Name RecognitionMembers are proud of their Membership and we encourage that they display the CYBA logo in their ads. The boating public, in turn, is rapidly becoming aware of the CYBA and are becoming educated in the benefits of doing business with a CYBA Member Broker. This recognition is spreading worldwide due to the Internet.

Working with Our Peer OrganizationsWe work closely with the Florida Yacht Brokers Association. (FYBA), the Northwest Yacht Brokers Association, (NYBA), and the Yacht Brokers Association of America (YBAA). These are our highly respected peer organizations and nurturing a harmonious and symbiotic relationship with them allows our Members to cooperate listings with them with greater ease. We all feel comfortable doing business with someone we have something in common with.

Working with Fellow CYBA MembersThis becomes easier because we get to know each other, have our Membership in common, and use the CYBA standard contracts. Cooperative arrangements are made easier and go smoothly.

Social ActivitiesThe Annual Installation Dinner/Dance is a prime example of how our Members meet and get to know each other in a pleasant social environment. This single event does more to develop close working relationships between Members than perhaps any other single event.

Boat ShowsThe CYBA is currently negotiating with a major boat show promoter to consider the possibility of co-sponsoring a major boat show. This will further enhance the public image of the CYBA.

CORRECTIONThe June CYBA News published a Membership Benefit of a 20% Discount at YachtWorld.com.

This is incorrect and we apologize for any confusion or inconvenience that this error may

have caused.

CALIFORNIA YACHT BROKERS ASSOCIATIONMEMBERSHIP BENEFITS


NEW BUSINESS:1) Jim Johnson has negotiated a number of incentives with the SCMA if we to help fill their shows.2) The National Association of the Self Employed has a group insurance program that we may want to offer to our Membership. It was decided that they should make a presentation to us.3) The Nominationg Committee for next year’s Board of Directors will be Morrie Kirk, Guy Newmark and Jim Johnson.

Next Meeting will be September 6, 2006 at the Balboa Yacht Club in Corona Del Mar. An e-mail blast to the Membership will be sent out once the space is reserved.

ADJOURN: 5:25 PM by President Michael Wiest.

Respectfully recorded and submitted by Nick Friedman, Secretary


NEW MEMBERSHIP

Proposed New Members

Master MemberFranklin Pete Fromhagen

Neptune Yacht Sales, San Rafael, CASponsored by:

Michael Wiest and Dick Angel

Associate MembersDonald L. Hedden

OnCourse Yachts, Inc., Santa BarbaraSponsored by:

Tim Broderick and Peter Crane

Tim LivingstonOnCourse Yachts, Inc., Sonoma

Sponsored by:Tim Broderick and Nick Friedman GET YOUR MESSAGE OUT THERE!

Advertise in the CYBA newsletter.For More Information or Rates Contact Don Abbott

@ 800-875-2922.

CALIFORNIA YACHTBROKERS ASSOCIATIONPMB #134909 Marina Village ParkwayAlameda, CA 94501-1048(800) 875-2922

www.cyba.info

CalendarSeptember 6 CYBA Board Meeting – 1:00PM Balboa Yacht Club, Corona Del Mar

September 7 – 10 Lido Yacht Expo Lido Marine Village, Newport Beach www.goboatingamerica.com

September 9 – 17 34th Annual Fall Boat Show Jack London Square, Oakland www.ncma.com

September 14 – 17 YachtFest Boatshow Shelter Island Marina, San Diego www.yachtfest.com

October 5 CYBA Board Meeting – 1:00PM Long Beach Yacht Club, Long Beach

October 5 – 8 International Sail & Power Boat Show Long Beach Convention Center and Shoreline Village Marina, Long Beach www.scma.com

November 8 CYBA Board Meeting – 6:00PM Bahia Corinthian Yacht Club, Corona Del Mar

November 9 CYBA Law Seminar: Yacht Sales and The Law IX Bahia Corinthian Yacht Club, Corona Del Mar

First-Class MailU.S. Postage

PAIDReno, NV

Permit No. 270

august/september 2006 the california yacht brokers association …cyba.info/pdf/cybanews0806.pdf ·...

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