Oregon State Marine Board Marine Board Meeting Minutes April 14, 2021 Salem, Oregon Virtual Meeting
For the complete recording of the April 14, 2021 Board Meeting, please contact Jennifer Cooper, [email protected], or visit Oregon State Marine Board : Board and Public Meetings : Agency Info : State of Oregon
0:00:20 – Chair Valarie Early called the April 14,2021, meeting of the Oregon State Marine Board (OSMB) to order at 8:32 am.
Board Members: Val Early, Laura Jackson, Colleen Moran, and Craig Withee were present, Vince Castronovo was absent.
Staff: Larry Warren, Director; Janine Belleque, Josh Mulhollem, Randy Henry, Brian Paulsen, Ashley Massey and Jennifer Cooper were present.
Approval of Minutes - 0:01:15
Chair Early asked for review and approval of minutes for January 26-27, 2021.
Member Withee made a motion to approve the minutes as written. Member Moran seconded the motion. Motion passed unanimously.
Public Comment - 0:02:00
No members of the public signed on to provide public comment.
Board Agenda:
Item A: Director’s Agency Report - 0:02:15
Director Warren shared updates with the Board regarding the new technology used to live stream the Board Meetings for the public, the current legislative session and bills impacting the agency and Board, and state water levels.
0:07:52 – Director Warren answered Board questions regarding the Director’s Report. Discussion included recreational boating and wildfire impacts, increasing outdoor access, facility projects, and Vive videos.
Item B: Facilities Grant 1672, Westport - 0:18:45
Janine Belleque, Boating Facilities Program Manager, and Steve Meshke with Clatsop County provided information on the grant request for the Westport launch.
0:24:20 – Member Jackson made a motion to approve grant 1672 in the amount as broken out in the Board book for the different monetary sources. Member Withee seconded the motion. Motion passed unanimously.
Item C: Facilities Grant 1640, Port of Arlington Cost Increase - 0:25:42
Janine Belleque provided information on the request for an increase of funds for the Port of Arlington grant.
0:28:44 – Member Withee made a motion to approve the funding request in the amount of $37,500. Member Jackson seconded the motion. Motion passed unanimously.
Oregon State Marine Board April 14, 2021 Page 1 of 2
Item D: Marine Law Enforcement Program - 0:30:00
Randy Henry, Boating Safety Program Manager, and Brian Paulsen, Waterways Coordinator, provided a Law Enforcement Program Review presentation with the Board. The presentation covered an overview of the program, the statutorily directed activities, program structure, historical review, business model, performance monitoring, and pros/cons of the current structure.
02:33:21 – The Board took a break at 11:05 am.
02:44:26 – The Board resumed the meeting at 11:16 am.
Item E: Veteran’s Outreach - 2:44:05
Josh Mulhollem, Environmental and Policy Program Manager, provided an update on the agency’s efforts on increasing boating for veterans and those with disabilities. Staff plans to provide an update to the Board in October regarding what went well, and lessons learned over the summer.
The Board provided some additional direction to staff to reach out to other programs, clubs, and facilities to find what they have done and what is available.
Item F: Consideration for Rulemaking OAR 250-020-0204 Boat Operations in Klamath County - 2:54:54
Josh Mulhollem provided an overview of the proposed rulemaking.
2:58:10 – Member Withee made a motion to amend OAR 250-020-0204 with the language provided by the staff to establish a no wake zone on Crescent Lake. Member Jackson seconded the motion. Motion passed unanimously.
Item G: Maintenance Assistance Program Grant Rules - 2:59:00
Josh Mulhollem provided an overview of the rules and explained the need for the updated grant rules language.
3:06:35 – Member Withee made a motion to approve the proposed rules as written by the staff for the Maintenance Assistance Grant Program. Member Moran seconded the motion. Motion passed unanimously.
Item H: Board Meeting Timelines - 3:07:29
Director Warren provided an overview of the upcoming 2021 Board Meetings and agenda items. June 2021 Board meeting agenda will include the Board Chair election, an executive session to review the Director, and starting the 2023 legislative agenda discussions.
The Board discussed moving the statewide boaters with disabilities work session to October. The Board agreed that after the summer would be best to revisit the topic.
Due to conflicts the June Board Meeting will be moved to June 14, 2021.
Other Business - 3:22:50
Chair Early recognized Rachel Graham, Business Services Manager, with a coin for her professionalism and work for the agency.
3:25:25 –The Board Meeting adjourned at 11:58 am.
Respectfully submitted, Jennifer Cooper
Oregon State Marine Board April 14, 2021 Page 2 of 2
Oregon State Marine Board June 2021 Agency Scorecard
Financial Overview
Strengths: The agency will enter the 21-23 biennium with necessary ending balances, generally stable revenue and with staff managing expenses to keep the agency on solid financial footing.
Concerns: Inflation will impact everything from boat builds, facility building and maintenance and labor costs across our contracted services.
Business Overview
Strengths: The state is targeting a return to the office in September. Agency leadership has started working with staff on plans to return. While we likely will not return to a pre-Covid in office structure, the agency will shift back to significantly more in office work, mixed with telework, with a focus on customer service and internal collaboration.
Concerns: Our current office space is not configured well for the future work structure we anticipate. In addition, it exceeds the square footage we need to operate in the new work environment. Over time, as the State reconfigures its workforce, the agency may need to move to different office space. While this would likely have many benefits, the upfront cost to move would be substantial. There are multiple statewide workgroups looking at this issue and that work will likely continue over several years.
Recreational Opportunities
Strengths: Ocean salmon seasons appear to be good this year in much of the state. That should provide good opportunity for recreational fisherman and guides.
Port of Alsea finished most of their facility upgrade. Boaters were anxious to get back on the Alsea and have indicated the new facility is great for fisherman, paddlers, and crabbers. Staff is continuing to work with the Port to ensure access for disabled boaters is improved as part of the final steps.
Concerns: The hot dry spring has left many reservoirs across the state well below full pool. Many central, southern, and southeast reservoirs will not achieve full pool this year and a
Page 1 substantial amount may not be boatable this season. Agency staff are working with facility providers to help identify issues, closures, and places where boaters can go.
Stakeholder Engagement
Strengths: Waterfront Organizations of Oregon (WOO) has led an effort to find legislative solutions for abandoned and derelict vessels. Their effort may lead to the agency receiving $1 million of one-time funding to address the issue.
Calm Water Coalition has actively worked on implementing new rules in the Lower Willamette. In addition to working with OSMB, they have fostered a strong partnership with Multnomah County Marine Patrol, so they have a direct line of communication with them on enforcement issues.
Jefferson County once again proved to be excellent hosts for the Marine Law Academy held in April and May. Food, lodging, fuel, space to meet, an aquatic center and a lake are just a few of things needed to host academy. The Jefferson County Sheriff’s office is to be commended for the community being ready to have Academy in their county.
Concerns: Boating activity continues to rise across the northwest, which leads to on water conflict, facility demands that exceed our funding and more boating safety incidents. While many east coast states would consider our waterways underutilized compared to their congested waters, many Oregonian’s are not accustomed to busy ramps and waterways.
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June 14, 2021
Item A: Director’s Agency Report
Administration 01. Director Warren attended several days of the Marine Law enforcement Academy. The training was well organized, students were engaged in the learning and the instructors were doing an outstanding job of sharing their knowledge.
02. The 2021 Legislative Session ends no later than June 27, 2021. Director Warren will continue to update the Board on our budget bill and other legislative issues related to the agency as the Session concludes.
Boating Facilities Program 01. Staff is coordinating with FEMA on fire related hazard signage and obstruction reporting tool implementation. OSMB will be able to recover up to 75 percent of those costs.
02. Facilities Section staff met with Linn County Parks Director Brian Carroll, Parks Commission member Gerritt Schaffer and other County park staff to evaluate an ADA accessible rowboat and site improvements for Clear Lake Resort. Staff whole-heartedly appreciate Gerritt letting us ask numerous questions about entering and exiting the boat, height, anchoring, ride, desired modifications etc. This was invaluable for engineering staff to engage and discuss conceptual design ideas. Based on these discussions the County is planning to have some modification made and pursue a second boat that anyone could row the boat. The County is also exploring short-term site modifications to improve accessibility while pursuing long-term improvements. The property is owned by U.S. Forest Service but managed by Linn County and will require some additional steps for access improvements. Staff encouraged the County to apply for Small Grants or Waterway Access Grants depending upon the budget.
Item A - Page 1 03. Non-grant boating access site updates:
a. The City of Coquille has requested technical assistance to design and engineer the boat ramp replacement at Sturdivant Park. The City has obtained a consultant to assist them with the local, state and federal permitting.
b. Staff has received numerous emails and phone calls in the last two weeks from boaters about the poor boat ramp conditions at Sutton (top photo) and Tahkenitch (bottom photo) Lakes. The boat ramps have significantly deteriorated, with large drop offs at the ramp toe, exposed rebar, cracked and broken concrete. Boaters are frustrated and have posted notices at the sites to contact OSMB and the U.S. Forest Service. Staff appreciates this advocacy to elevate the situation to the facility owner and operator. Staff will be meeting with USFS at both sites on May 27 to advocate for replacement immediately. Unfortunately based on federal budget, permitting and lack of design/engineering this probably will not come to the Board for two-years.
c. Staff met with U.S. Forest Service, a local guide, Willamette Riverkeepers and South West Forest Collaborative to discuss improvements and recreational boating opportunities at multiple sites on the Middle Fork Willamette River, North Fork Middle Fork Willamette River and Hills Creek Reservoir. Staff is working with USFS to prioritize projects and start the process to make improvements.
d. Staff met with Cascadia Wave, Willamette Riverkeepers and ODOT to discuss development of a whitewater park in Eugene. The location is near the Mill Run and Knickerbocker Bridge. Staff will participate in evaluating University of Oregon landscape architect student design concepts and will review the request for proposals to obtain a consultant to develop concepts, permit feasibility and estimated budgets.
e. A boat caught fire when launching at Chinook Landing Marine Park, Columbia River and significantly damaged one section of boarding dock on the center lane of the boat ramp. As a result, the center two lanes of the boat ramp were closed. In consultation with Metro four sections of the center set of docks was removed and replaced with four sections of the shoreward set of docks. One section of the removed docks was installed on the shoreward set of docks to provide dockage up to the third pile from shore. The damaged dock was transported to the fabricator to evaluate, repair or replace as needed. Yellow circle- Metro was able to complete these modifications and damaged have all boat ramp lanes open prior to Memorial Day holiday weekend. Thankfully, no one was injured, and dock. the boater is insured.
f. Oregon State Parks and Recreation has entered into an agreement with Jackson County Parks to operate Joseph Stewart on Lost Creek Reservoir and Casey Park on the Rogue River. Jackson County inspected the facilities and notified OSMB staff that the self-adjusting docking system and boat ramp are severely undermined in
Item A - Page 2 areas by several feet. Staff will be inspecting the facility this fall when the water level drops to evaluate the site conditions and recommend repairs. Additionally, Jackson County requested to transfer the Howard Prairie floating restroom to Lost Creek Reservoir because the existing floating restroom needs repairs and water levels on Howard Prairie are low this year so the restroom would not be launched.
04. Marine Board staff participate in a variety of park planning, permit, design review and assessment processes with local, state and federal agencies. Updates on current processes include:
a. Staff is reviewing a proposed programmatic agreement with the U.S. Army Corps of Engineers for the Willamette Valley Project that potentially could streamline projects on federal land managed under agreement typically with Counties or State Parks.
05. Lower Columbia River Estuary Partnership has been busy working with organizations and connecting with underserved communities to learn about boating safety and experience nonmotorized boating on the Willamette River. The photo was from one of their recent trips. Facility Grant No. 1663
2019-21 Grant and Project Construction Status
Project completed. Waiting final 1630 Port of Alsea: ramp and boarding dock replacement reimbursement request. Meldrum Bay: City of Gladstone, boat ramp dredging Project completed. Final reimbursement 1632 processed. California Street: City of North Bend, boarding docks, Project completed. Final reimbursement 1633 piling, ramp and debris boom repair and replacement processed. project Carver Park: Clackamas County, overlay parking, Project completed. Final reimbursement 1634 replace curbs, re-stripe processed. Ben Irving: Douglas County, replace vault toilet Project completed. Final reimbursement 1638 processed. Amacher Park: Douglas County, Archaeologic survey Project completed. Final reimbursement 1639 and report processed. Port of Arlington: Replace flush restroom, renovate Under construction. Due to shortages in 1640 parking area, expand gravel parking, add nonmotorized concrete the restroom delivery may be access and staging area slightly delayed. Bernert Landing: City of West Linn, boarding dock Project completed. Final reimbursement 1641 replacement processed. Chinook Landing: Metro, replace short term tie-up, Project completed. Final reimbursement 1642 piles, gangway and dredge boat basin processed. Hendricks Bridge: Lane County, replace boat ramp, Project completed. Final reimbursement 1645 expand parking area processed. Williamson River Ramp: ODFW, replace ramp, add Project completed. Final reimbursement 1646 parking and vault toilet processed. 1648 Chinook Park: Josephine County, hydro analysis report Waiting final hydrological analysis report
Item A - Page 3 Buena Vista Park: Polk County, Archaeologic and Survey and Report completed. Final 1649 Cultural Resources Survey and Report reimbursement processed. Project completed. Final reimbursement 1651 Hells Canyon Creek: USFS, repair boat ramp processed. Rogers Landing: Yamhill County, short term tie-up Project completed. Waiting final 1652 repairs reimbursement request. Spring Recreation Campground: BLM, replace Project completed. Waiting final 1653 boarding docks, repair guide rail reimbursement request. Nehalem Bay State Park: OPRD, boarding dock Project completed. Waiting final 1655 replacement reimbursement request. Contractor selected. Project to be 1657 Port of Alsea: add kayak launch completed by late spring. Project completed. Waiting final 1659 Port of Alsea: pave overflow parking area reimbursement request. Westport: Clatsop County, consultant to design plans Project completed. Waiting final 1660 for utilities routes reimbursement request. Project completed. Waiting final 1661 Amacher Park: Douglas County, regulatory permits reimbursement request. Ghost Hole & Crab Harbor Floating Restroom: Port of Project completed. Final reimbursement 1662 Garibaldi, piling for anchoring processed. Lower Columbia Estuary Partnership: paddling safety 1663 See bullet 05. For photo and update project Project completed. Final reimbursement 1664 Bumblebee: City of Reedsport, property acquisition processed. Consultant working on permit package. 1665 Estacada Lake Shore Water Access: City of Estacada Anticipate completion by end of biennium. Tenmile Lake County Park: Coos County, replace Project completed. Waiting final 1666 gangways reimbursement request. Tenmile Lake County Park: Coos County, add Project completed. Waiting final 1667 nonmotorized floating launch dock reimbursement request. Staff working with recipient on scripts for 1669 Vive NW, boating safety videos the videos. Gangway completed and delivered. Boarding docks, short term tie-up docks 1670 Westport: Clatsop County, materials purchase and kayak launch docks and pre-cast concrete planks being fabricated. To be completed by June 30, 2021. 2019-21 Small Grants Project Construction Status Survey and report for future ramp 2021-01 Starvation Lane: OPRD, Archaeological Report relocation. To be completed by June 2021. M. James Gleason: Metro, replacement of missing and Project completed. Final reimbursement 2021-02 broken pile collars processed. Happy Valley: Douglas County, repair parking area, Project completed. Waiting final 2021-03 restripe reimbursement request. Port of Toledo: Permit drawings and specifications for Consultant hired. Project to be completed 2021-04 ADA compliant gangway for relocated boathouse by June 30, 2021
Item A - Page 4 City of West Linn: Bernert Landing, removed 2 trees Project completed. Final reimbursement 2021-05 from under short term tie-up, replaced decking on processed. gangway. State Parks: Brian Booth State Park, consulting 2021-06 Project to be completed by June 30, 2021 services for ADA accessibility evaluation. Jackson County: Howard Prairie floating restroom Project completed. Waiting final 2021-07 relocated to Lost Creek Reservoir reimbursement request. City of Reedsport: Rainbow Plaza and Bumblebee 2021-08 Project to be completed by June 30, 2021. Access, add security cameras
Environmental and Policy Program Aquatic Invasive Species Prevention Program 01. As of May 26th, there have been 3,796 boats inspected in 2021: 3,751 of them were clean and 42 boats were contaminated with various AIS (a mix of vegetation, snails and marine fouling species). Three zebra/quagga mussel boats have been intercepted entering the state and were decontaminated.
02. ODFW has now opened all six of its boat inspection stations (Lakeview, Klamath Falls, Brookings, Ashland, Umatilla, Ontario) and has them operating as much as possible given their staffing levels. The Klamath Falls, Ashland, Umatilla, and Ontario stations are able to be open seven days per week while the Lakeview station is open five days and Brookings six days.
03. Staff is currently working on updating and renewing the intergovernmental agreements with law enforcement agencies and ODFW for the next biennium.
Clean Marina Program 01. Staff conducted one new certification site visit in late March at the Salpare Bay Marina in Portland. This facility scored very well on its inspection, but like many marinas throughout the state, boat registration compliance was an issue. We hope to make positive change through the Abandoned Vessel Removal Assistance Program to correct this deficiency in the future.
02. Beginning in June, staff plans to visit 21 facilities for their recertification evaluations, and an additional ~10 will receive an unannounced spot check. There are four marinas that completed preliminary certification work prior to the pandemic that need follow-up visits and two new facilities that are interested in joining the program.
Abandoned and Derelict Vessel Program 01. Staff continues to make progress on AVRAP (Abandoned Vessel Removal Assistance Program) with the ports and marinas involved in the Clean Marina program. In May, a fiberglass sailboat was removed from the Pelican Marina on Klamath Lake and appropriately dismantled and disposed of by a local contractor. Contracts have been awarded for several other facilities, with work likely commencing in June. Up to 21 vessels are anticipated to be removed in the upcoming summer months. 02. Staff facilitated a meeting amongst ADV-involved agencies to discuss the merits of a comprehensive statewide database for recording, analyzing, and reporting data related to ADVs. Staff anticipates this will be a recurring workgroup over the summer, resulting in a collaborative report on the needs, challenges, risks, and rewards of such a project.
Item A - Page 5 Boating Safety Program Boating Accidents 01. As of May 26, no fatalities have occurred since the March board report, with a total of four recreational boating fatalities for the year. This compares to eight fatalities by May 26 of 2020.
Fiscal 01. OSMB staff has received about half of the county law enforcement action plans for the 2021-23 biennium. Staff is reviewing them as they come in. These will be appended to the newly updated contract that was recently reviewed by the Oregon Department of Justice.
02. Contracts will be finalized for county sheriffs’ offices and OSP contracts by June 30.
Education 01. OSMB volunteer instructors conducted four virtual classes with a total of 28 students attending and passing the class. OSMB staff and volunteer instructors are continuing virtual classes, every other week, through the summer.
02. Since January 1, OSMB staff issued 3,608 new boating education cards and 728 replacement cards.
LE Training 01. Five marine deputies passed their USCG Master 100 Ton captains course exam on April 15th. These included deputies from Tillamook, Clatsop, Coos and Washington Counties. This is the third consecutive year OSMB staff implemented the captain’s course which has led to 30 participants obtaining their captain license. The knowledge gained from this course can be applied to Oregon waterways and more specifically navigational rules of the road and enforcing guide compliancy. Many guides hold the title of “Captain” when contacted by LE, however, LE can now reciprocate and state they to hold their USCG Captains License. This leads to a sense of mutual respect among deputies who have a heavy population of guides on their county’s particular waterways.
02. The 2021 OSMB Marine Academy was successfully held in Madras from April 26th through May 7th. This nine-day academy consisted of 14 different sheriff’s offices and OSP, 32 students and 47 instructors. This 72-hour course included ORSs, boat handing, scenario- based training, and a special emphasis on promoting diversity on Oregon’s waterways. All students successful passed and are actively patrolling Oregon’s waterways.
03. The 2021 OSMB Drift Boat course is scheduled June 14th through 18th in White City. OSMB staff are expecting up to 25 students and 30 instructors to register for this course. This course mandates a 1:1 student to instructor ratio so at any given point there are 30 drift boats navigating the Rogue River. This course was cancelled in 2020 due to COVID restrictions so OSMB staff have prioritized registration to the deputies who were unable to attend last year. Invitations are sent to agencies who use drift boats to patrol Oregon’s rivers throughout the year and is also a pre-requisite for those agencies who attend the 2021 Jet Boat Course. This course focuses on self-rescuing techniques, hydro dynamics, reading the river and safely operating a drift boat.
Item A - Page 6 04. The annual jet boat course is scheduled to be held in Gold Beach from July 19th through 23rd. OSMB staff expecting class to be at capacity this year (45 attendees) and are excited to be returning to the lower 40 on the Rogue River.
05. OSMB staff and law enforcement partners have several special-emphasis events scheduled this year throughout the state. Due to the increase of novice waterway users, the goal of these special emphasis events is to promote boating safety and focus on carriage requirements, BUII and promote education through enforcement.
06. Currently, OSMB staff has special emphasis scheduled on:
• Hagg Lake, Washington County – July 9-11th • Green Peter and Foster Reservoir, Linn County – August 6th through 9th • Currently working with Marion County to schedule a special emphasis on Detroit Lake. • Currently working with Clackamas County to schedule a special emphasis on the Lower Willamette.
07. There are several non-contracted agencies participating in OSMB training this year which includes, Eugene-Springfield Fire, Washington Fish and Game, USFS; the Confederate Tribes of the Umatilla Indian Reservation will also be joining us for drift and jet this year as part of a new relationship that provides benefits to tribal and recreational boaters. Two deputies from the Columbia River Inter Tribal Police joined academy training. Building relationships with neighboring agencies enforces diversity, solidarity, faster response time for marine incidents and promotes safety across the state.
Waterways Program 01. Coos County Sheriff’s Office took delivery of a new law enforcement patrol boat in early May. It is a 24’ inboard jet built by River Wild. This boat incorporates the safety and ergonomic specifications that OSMB Staff has developed over the past few years. These specifications have been in collaboration with OSMB’s law enforcement partners and training instructors. The boat is outfitted with all necessary lighting, radio communications, radar, and shock mitigating seats. This vessel will primarily patrol Coos Bay, Coquille River, and lakes in Coos County.
02. OSMB staff has been working on several wildfire impacted waterway sign projects in collaboration with other agencies. This has also included joint press releases informing boaters about the additional safety risks of boating in the impacted areas and what additional precautions that should be considered when recreating.
Item A - Page 7
03. The Newberg Pool special boat operation buoys were installed the second week of May. The contractor pressure washed and relabeled the buoys prior to placement. The 12 buoys will be moored until October when the contractor will remove the buoys. The total cost incurred in 2021 for buoy placement and removal is $35,900 which includes storage from October through May.
04. OSMB staff worked with Tillamook County Sheriff’s Office to purchase special emphasis equipment which included life jackets, throw bags, ResQMax launchers, and storage container to further promote the boating safety mission. The purpose of the inflatable life jackets, and rescue throw bags is to equip every deputy with necessary equipment to complete a basic rescue. Tillamook County has many boated rivers and bays that are adjacent to high use roadways. This allows for many land-based rescues compared to other areas in the state. The ResQMax Launcher is designed to propel an inflatable life ring beyond 300’ to help rescue victims in the water specifically at Netarts Bay. This rescue tool will be accessible by multiple agencies and rescue personnel in a locked storage box near Happy Camp. In the past this area has seen multiple recreational boating drownings that this type of rescue device would have likely saved lives.
05. OSMB staff representatives from the Boat Accident Investigation Team completed a no cost 3-day training course to become certified Underwater Remotely Operated Vehicle pilots. Multnomah County Sheriff’s Office received a grant in 2019 to purchase a VideoRay Mission Specialist Defender ROV. The ROV which has many capabilities can be used for boat accident investigation, body recovery, and other underwater missions that were once not possible without this piece of equipment.
Boating Education 01. For 2021, there were 3834 new boater education cards issued, along with 1020 replacements.
02. Boat Oregon study books were distributed to agency partners throughout the state in an effort to provide more boating education materials to new and experienced boaters. 03. Staff worked in cooperation with American Canoe Association to provide Level 1 Kayak trainings on June 20 in Florence, Oregon and June 26 in Hammond, Oregon. Ten students received their Level 1 certifications.
Outfitter Guide 01. For 2021, there are 1237 active Outfitter Guides; 199 guides from 2020 have yet to renew for 2017. There are 17 applications still pending.
Item A - Page 8 02. There are 65 active charter boats for 2021/2022. Thirteen boats from 2020 have yet to renew. There are no pending applications.
Year to date 2020 2021 Mail $90,401 $97,810 Online $149,586 $214,529
Registration Program Statistics 01. As of May 25th there are 167,527 active boats with registrations expiring 12/31/2019, 12/31/2020, 12/31/2021 and 12/31/2022.
02. The attached Registration Statistics Report shows the numbers of transactions completed by type and transactions in process that have deficiencies or need review.
Team Status 01. Telephone calls to registration specialists have significantly increased this spring as compared to calls in 2020. In April there were 4,794 calls to the registration team as shown in the table below.
Boater OG & Month Invoked Reception Registration Ed AIS/WAP CV Facilities March-20 3774 656 2479 145 31 162 4 April-20 4525 901 2916 220 55 125 5 May-20 6819 1259 4464 350 132 136 7 June-20 7539 1232 5047 434 170 162 6 July-20 8470 1642 5089 612 350 160 5 August-20 6436 1215 3958 395 200 154 5 September- 20 3454 609 2245 181 57 92 7 October-20 2588 409 1800 76 25 76 6 November-20 3582 572 2543 66 17 144 4 December-20 3229 215 2312 210 19 201 12 January-21 3671 106 2568 402 49 216 18 February-21 3010 100 2000 405 40 164 20 March-21 5284 159 3588 773 105 173 37 April-21 6141 141 4794 412 117 181 46
02. Processing times for transactions vary as to the type of transaction as shown below.
Transaction Type Online By Mail or at the agency Boat Registration Drop Box Agent Registration Same or next Same day as the date Same day as the date Renewal business day received received Titles (transfer, new) 6-8 weeks 8 weeks 6-8 weeks
03. Over 160 candidates applied for the open receptionist position. Video question responses were received from 62 candidates and have been narrowed to the 4 top candidates who participate in a digital interview on June 4th by a panel of agency staff.
04. The office remains closed to walk-in customers and the registration team provides help to customers to submit online transactions or renewals by phone or email.
Item A - Page 9 REGISTRATION SECTION STATISTICS
Completed Transactions by Registration Year November 1 - October 31 2016-17 2017-18 2018-19 2019-20 2020-2121 Boat Titles (initial, transfer) 23,156 21,287 26,048 30,560 11,047 Replacement Boat Titles 540 495 474 499 312 OR Title Transfer Late Fee 2,046 2,010 1,847 1,967 983 Replacement Reg Card 280 320 407 320 114 Replacement Reg Card & Decals 1,847 2,189 2,176 2,271 877 Livery Registrations 193 316 284 153 364 Dealer Registrations 52 90 65 66 53 Floating Property Titles 306 252 283 151 150
Boat Registrations by Expiration Year (Active, In Renewal or Pending, excludes Commercial) as of 5/26/2021 12/31/2019 12/31/2020 12/31/2021 12/31/2022 TOTAL Pleasure 15,406 29,060 74,074 48,987 167,527
Completed Transactions Repl Reg Livery Dealer FP by Month as of 5/26/21 Titles Repl Titl Late Fee Repl Reg +Decals Reg Reg Titles November-2020 1,344 62 95 7 50 159 11 27 December-2020 1,161 39 95 6 42 29 8 18 January-2021 1,819 32 166 12 88 19 16 23 February-2021 1,826 31 160 13 98 2 4 24 March-2021 2,630 41 238 24 179 31 5 20 April-2021 1,421 56 153 24 254 65 7 25 May-2021 846 52 76 28 167 59 2 14 June-2021 0 0 0 0 0 0 0 0 July-2021 0 0 0 0 0 0 0 0 August-2021 0 0 0 0 0 0 0 0 September-2021 0 0 0 0 0 0 0 0 October-2021 0 0 0 0 0 0 0 0 Totals 11,047 313 983 114 878 364 53 151
Work in Progress as of 5/26/2021 May-20 Jun-20 Jul-20 Aug-20 Sep-20 Oct-20 TOTALS Posted in BOATS 151 177 295 210 101 60 994 Deficient Ready to Post in BOATS 0 0 0 0 0 0 0
Nov-20 Dec-20 Jan-21 Feb-21 Mar-21 Apr-21 TOTALS Posted in BOATS 37 32 57 81 229 20 456 Deficient Ready to Post in BOATS 2 0 0 0 14 612 628
Posted/Deficient means the customer needs to supply additional fees or documents. Ready to Post means the transaction is ready for staff to review and post.
Transactions Pending Customer Response 2016 2017 2018 2019 386 465 421 728
Prepared by J Eilers 5/26/2021 Item A - Page 10 Business Services Program Budget and Finance 01. Revenue has performed better than expected during COVID-19 era. At the end of the biennium, the agency will be slightly above its revenue target thanks to a stable level or registration and titling, and a very strong waterway access revenue (50% above the estimated). Likewise, by June 2021, we are expecting to recognize approximately $4.5 million of Fuel Tax Revenue for fiscal year 2021 and conclude the biennium in line with the last projection of $ 8.7 million.
02. Expenditure is expected to be very dynamic during the last month of the biennium. Because of the pandemic, distributions to both local governments and grant recipients slowed down in 2021. Law Enforcement and Facilities have been working diligently to speed their program spending and we will see an important increase by the end of the biennium. 03. The agency’s cash position is healthy. Since the agency’s revenue has performed better than we anticipated, we are expecting an ending balance of cash in treasury slightly above the target. Because 30% of the agency revenue (Fuel Tax) and 20% of its expenditures (Federal Funds) have to be financed during the biennium, having a healthy position in cash is key for the agency operation.
Public Information
Media Monitoring and Outreach 01. The agency’s Your News media monitoring service captured agency media stories via traditional radio, television and print using Boolean search terms for relevant results.
02. The following analytics include March 1 through May 25, 2021. Total story count = 102. Total audience reached = 1,247,096 (statewide). Total calculated ad value = $22,633.
03. Stories included topics relating to recreational boating safety, rulemaking and solicitations for written public comments, new boating regulations for the Lower Willamette River, solicitation for comments on boating facility grants, intercepted boat with aquatic
Item A - Page 11 invasive species contamination, National Safe Boating Week, life jacket wear, preparation, and sharing the waterways.
04. Other media outreach include a video specific to the new Lower Willamette River rules in partnership with Portland Fire and Rescue and the Portland Harbor Master. The video is embedded in a new webpage, Willamette River Rules, and was widely shared on social media.
05. The Business Services section is evaluating a proposal by Univision/KUNP-TV for a life jacket boating and water safety campaign targeted to Hispanic communities in Oregon. The proposal provides a range of advertising opportunities that include a Univision-produced 30 second PSA, over the top advertising, sponsored news stories, display ads on KUNPTV.com, direct email campaign, social media (Facebook, YouTube) sponsored branded content -and a campaign survey to the target audience for message retention. Staff will work directly with Univision for material creation. A proposed campaign could be implemented for July-September 2021. All campaign materials will be amplified through our social media channels and we would ask other natural resource agencies to help amplify via their social channels.
06. Thanks to Willamette Valley Visitor’s Association (Tori Middlestadt and Katie McFall pictured right with KOIN’s Kohr Harlan) through a grant from Travel Oregon, the agency was sponsored for several morning show media segments in May. KOIN, KPTV 12 and KVAL did on-water segments interviewing Ashley Massey and Randy Henry around life jacket wear, information about life jacket loaner stations, equipment requirements and the waterway access permit requirement, and other boating safety-related information, including invitations to water recreation businesses or organizations to sign for the Letter of Commitment.
07. Washington County Parks invited our agency, along with Metro West First Responders, Washington County Sheriff’s Office and Marine Patrol, to a media day held on May 25 at Hagg Lake. KOIN and KGW reporters attended. Interviews and messaging will be shared on broadcast media heading into Memorial Day weekend and throughout the boating season. Photos were taken by staff from the Washington County Sheriff’s Office.
Willamette River Recreation (Tourism) Studio / Willamette Water Trail Steering Committee 01. The agency actively promoted from March to May the ‘Take Care Out There’ Water Recreation digital media toolkit to agency partners, boating safety advocates, and the travel/tourism sector. This tool kit was specifically created for the Willamette River Trail but is adaptable for use by any other agencies or organizations interested in sharing messaging and imagery around safe boating practices. The toolkit contains following items:
Item A - Page 12 • Life Jacket Commitment Letter- invites direct marketing organizations, agencies, and other entities who promote water recreation to show people of all ages and diversity, wearing life jackets to help influence behavior. The goal is to normalize life jacket wear and make it more socially acceptable through advertising, marketing in digital and print media.
• Bilingual flyers explaining the Waterway Access Permit requirements, with a QR code to ODFW’s online store for purchase and graphics of equipment requirements. This document is intended to be posted at boat ramps and outdoor retailers who sell outdoor equipment, as a last touch-point reminder of the Waterway Access Permit and equipment requirements. This is targeted for new boaters. The flyer is being shared with facility partners and marine law enforcement.
• A ‘Take Care Out There’ messaging spreadsheet to help unify recreation language on safe boating practices, life jacket wear and share ‘Leave No Trace’ principles to new recreators.
• Additionally, WVVA received a Travel Oregon Destination Ready grant to help purchase life jackets, Willamette Water Trail patches and funding to construct five life jacket loaner kiosks. The Marine Board shared construction information and developed new bilingual signage on proper fitting for both adults and children. These new loaner stations will be located along the Willamette River from Corvallis to Yamhill County.
02. Images from the March photo shoot have been added to the toolkit, added to the website, and repurposed into social media tiles with the Take Care Out There branding under the Prepare, Care, Connect themes.
03. The agency created a web page to highlight the organizations who sign the Letter of Commitment and help cross promote, “Partners in Water Safety.” With the help of Travel Oregon and using our own Boating Safety Advocates email list (which includes law enforcement, boating safety partners and outfitter guides), we hope many organizations sign on to show people wearing life jackets and equipped with the right gear in all water recreation activities. There are currently 41 businesses, travel organizations and agency partners who have signed the Letter of Commitment.
Item A - Page 13 04. Toolkit materials have been shared and integrated with the agency’s traditional boating season media toolkit, were distributed to statewide media outlets before National Safe Boating Week (May 22-28, 2021). This messaging has been used by our agency partners and reporters for segments with KPTV 12 and KOIN News Channel 6, in addition to staff interviews.
Oregon Department of Veteran Affairs Water Recreation Partnership 01. The ODVA water recreation partnership was delayed due to an exciting development. ODVA reached out to the Recreational Boating and Fishing Foundation, and they are interested in a nationwide campaign. As a group, it was decided to make this a 2021 campaign, vs. the original 6-week pilot.
02. Member Withee agreed to sharing his experiences for our agency’s blog as part of this campaign which is in development. ODFW, OPRD and ODVA are also interviewing veterans with their respective agency focus. A content calendar has been created and blogs will be shared from each agency. Each blog will drive visitors back to ODVA’s recreation page with the call to action to sign up for their list serve. Each agency will continue to feed ODVA content on how outdoor recreation helps veterans and persons with disabilities toward healing and how our agencies are working together to expand access improvements and opportunities.
03. Our agency is taking the lead on a joint news release announcing the campaign partnership which we will all share via our respective news release lists.
04. ODFW is aiming to host future Free Fishing Weekend events and is interested in OSMB and ODVA’s involvement where we can target specific events to veterans and persons with disabilities at access locations to accommodate a broad spectrum of participants. Fishing and nonmotorized boating basics can be introduced specific to the needs of this community.
05. OSMB staff will update the Marine Board on this year’s progress at the October 2021 Board Meeting.
Item A - Page 14 Oregon State Marine Board Operation Results for the 2019‐21 Biennium As of May 31, 2020* Dollars in Thousands
Other Funds Budget Actuals % of Projected Sources of Revenue Revenue 2019‐21 5/31/2021 Budget 2019‐21 Other (Actuals May 2021) Fuel Tax 7,538$ 4,572$ 61% 8,697$ 12% Registration 14,914 14,256 96% 12,937 Titling 2,255 2,586 115% 1,956 Fuel Tax Guides & Outfitters 591 667 113% 511 Titling 19% 11% Mandatory Education 381 474 125% 381 Other ‐ Penalty, Interest, Misc. 438 179 41% 438 Waterway Access 991 1,634 165% 991 Registration Towed Watersports 124 40 32% 124 58% Floating Homes 25 43 173% 25 Charters 20 14 70% 20 Total 27,278 24,465 90% 26,079 Expenditures Law Enforcement 9,833$ 8,481$ 86% 9,483$ $12,000 Expenditures Facilities 8,555 5,686 66% 8,205 $10,000 (Budget vs Actuals May 2021) Administration & Education 6,287 5,796 92% 6,287 $8,000 Guides & Outfitters 800 698 87% 800 $6,000 Towed Watersports 124 49 39% 124 $4,000 Abandoned Boats 190 160 84% 190 $2,000 Charters 925 0 0% 925 $‐ Total 26,714 20,868 78% 26,014 LE Facilities Adm & G&O Boat Other Ed Remov. Surplus in the Period 564$ 3,597$ 638% 65$ Budget Actuals
Federal Funds Revenue USCG Recreational Boating 4,267$ 3,011$ 71% 4,267$ USFWS Clean Vessel Act 1,951 ‐ 0% 1,951 USFWS Boating Infrastructure Grant 100 ‐ 0% 100 Total 6,318 3,011 48% 6,318 Expenditures Law Enforcement 4,036$ 3,228$ 80% 4,036$ Facilities 1,990 1,220 61% 1,990 Aquatic Invasive Species 60 26 43% 60 Administration & Education 232 115 50% 232 Total 6,318 4,589 73% 6,318
Deficit in the Period $ ‐ (1,577)$ NA $ ‐
Aquatic Invasive Species Program Revenue 1,672$ 1,821$ 109% 1,601$ Expenditures 1,646 1,139 69% 1,646
Surplus in the Period 26$ 682$ 2653% (45)$
Cash Balances Beginning Cash Balance 3,625$ 3,240$ 89% 3,625$ Total Deficit in the Period 590 2,702 458% 20 Transfers and Other Adjustments ‐ (411) 0% ‐ Ending Balance 4,215$ 5,530$ 131% 3,645$
* Since month‐end closing is scheduled on 06/18/21, May's figures are preliminary. Item A - Page 15 Item B: Boating Facility Grant Consideration
01. A total of 25 Facility Grant applications were received including Grant No. 1672, Clatsop County, Westport previously approved by the Board at the April meeting. The grant applications identified $8,645,911.08 in project needs and requesting $5,180,543.25 from 2021-23 OSMB funding. Two grant applications are being withdrawn, 1692 Port of Toledo, Airport Ramp and 1695 Port of Garibaldi floating restroom maintenance boat. In discussion with Port of Toledo the request will be considered as a Small Grant and the Port will increase their match. In discussion with Boating Safety and the Port a boat scheduled to be traded will be transferred to the Port and Facilities Program will provide the trade value to Boating Safety. This saves time and resources for all parties.
02. Public comments were solicited for 30 days and a total of 95 comments were received. For reference during Cycle 2 of the 2019-21 biennium a total of 67 comments were received. There was about a 30 percent increase in comments, which staff contributes to increased awareness of the new process and the grant programs. Additionally, OSMB staff consult with Oregon’s nine federally recognized Tribal Governments on grant applications. Staff takes these consultations very seriously and actively works with the Tribal Governments to address items identified.
03. Staff wants to acknowledge Brian Paulsen, MariAnn McKenzie and Josh Mulhollem for their time to review and evaluate the applications in addition to the entire Facilities Program staff of Jeff Smith, Stuart Jantze, Joe Glossop, Allen Chiou, Tony Marin, Doug Baer, Joe Severson, and Jennifer Peterson. The grant applications, public comments and supplemental clarification information was provided to the Board for review. The following table lists the grant applications in ranking order from high to low.
GRANT APPLICATIONS IN RANKING ORDER
FG Applicant Project Location and Scope Score
Buena Vista replace boat ramp, boarding docks, expand 1678 Polk County 343 asphalt parking. Add vault toilet and nonmotorized ready area.
Tualatin River outreach, education and access opportunity 1683 Tualatin River Keepers 330 campaign Eastside and Empire boating facilities to replace boarding 1680 City of Coos Bay 316 docks Deschutes National 1682 Wyeth replace boat ramp, repair gravel road and parking 316 Forest Amacher Park. Replace and expand asphalt parking area. 1674 Douglas County Replace upper boat ramp and expand to include nonmotorized 303 ready area.
Boardman Marina consultant services for permitting to 1675 Boardman Parks & Rec 297 reconfigure and replace short term tie-up docks and gangway.
Item B - Page 1 Scappoose Bay Marina consultant services for design, engineering and permitting and Phase 1 upland construction. Port of Columbia 1679 Modify parking, widen sidewalks remove stairs, relocate 294 County stormwater structures, add accessible route and nonmotorized unloading area. Cook Park consultant services for design, engineering and 1677 City of Tigard permitting to replace boarding docks and add nonmotorized 292 boat launching docks. 1676 City of La Grande Morgan Lake Add vault toilet 291 Howard Buford Recreation Area consultant services for design, 1686 Lane County engineering and permitting services for new nonmotorized 291 access.
1684 Marion County Butteville Landing add nonmotorized dock, piling and gangway 289
1691 Port of Hood River Port boat launch replace boarding docks and abutments 289 Baker Park overlay existing asphalt parking area, replace 1688 City of Grants Pass striping and curbing, add ADA curb cuts and stormwater 286 system Shady Cove consultant services for archaeology survey and 1696 Jackson County hydrologic analysis services to replace the boat ramp, expand 286 parking and add nonmotorized staging and launch area. Luckiamute State Natural Area consultant services for design, 1687 State Parks engineering and permitting services for new nonmotorized 284 access. Schwitter Landing repair short term tie-up dock and debris 1681 State Parks 280 boom Fords Pond add boat ramp, boarding docks, floating 1694 City of Sutherlin 277 nonmotorized launching dock, gravel parking, and vault toilet Old Mill Park replace boat ramp, expand gravel maneuver area 1689 City of Siletz 275 and parking and add vault toilet
Independence Riverview Park consultant services for design, 1693 City of Independence engineering and permitting services for new nonmotorized 262 access. 1690 City of Umatilla Umatilla Marine Park add flush restroom and utilities 261 Airport Ramp repair boarding docks. Add crack and sealcoat 1692 Port of Toledo 256 parking area, striping and wheel stops. (Withdrawn) 1695 Port of Garibaldi Port replace floating restroom maintenance boat (Withdrawn) 232 1685 Baker County Hewitt and Holcomb Parks add 8 security cameras 215 National Center for 1673 Cold water safety pilot project 190 Cold Water Safety
04. The agency budget proposes $6,747,183 in state boater funds (OF) and $1,815,676 in federal funds (FF) for Special payments during 2021-23. To determine the amount of funds
Item B - Page 2 available for the competitive grant program, special payments are reduced for Maintenance Assistance Grants (MAG), Small Grants, subsequent grant awards and technical service contracts as identified in the following table.
Item Boating Facility Waterway Access Federal Funds State Funds State Funds MAP $1,900,000.00 $0.00 $300,000.00 Small Grants $50,000.00 $50,000.00 $0.00 Sea Grant $0.00 $0.00 $310,600.00 Previously Awarded $379,825.25 $100,000.00 $200,000.00 Facility Grants Technical Services $200,000.00 $100,000.00 $25,000.00 Contracts Total $2,529,825.25 $250,000.00 $835,600.00
05. Based on the budget and the above identified deductions, the following state and federal funds are available for the three cycles of Boating Facility Grants.
Grant Funding Boating Facility State Waterway Access Federal Funds Cycle Funds State Funds Cycle 1 - 70% $2,220,942.00 $554,208.00 $686,053.00 Cycle 2 – 20% $635,126.00 $158,345.00 $197,215.00 Cycle 3 – 10% $317,564.00 $79,173.00 $98,008.00
06. Staff is recommending $898,715.04 of Boating Facility state funds, $646,552.96 of Waterway Access state funds and $93,000.00 federal funds for approval from the 2021-23 Biennium. If the Board approves the requests as recommended, the amount available for Cycle 2 Boating Facility state funds would be $1,957,353. This includes the amount unobligated in Cycle 1. Waterway Access state funds would have $101,621 for Cycle 2 and $43,552 for Cycle 3. Staff is recommending to obligate more than 70 percent of the available Waterway Access Grant funds during Cycle 1 because of the quality of projects and the majority of projects will need the two-year timeframe to complete.
07. Historically, the Board has considered some grant applications under block votes. The block categories include applications under $50,000, Clean Vessel Act funding and applications recommended for deferral. Cycle 1 will only have one block category of applications recommended for deferral. All other applications will be considered individually in numeric order.
08. Applicants are not required to attend the Board meeting if their application is identified in a blocks vote. Applicants are encouraged to attend the meeting if their application will be considered individually, to answer questions from the Board. Applicants who disagree with staff recommendation may request to have their application considered individually by the Board at the meeting. Likewise, any Board member may ask to have an application removed from a block vote and be considered individually. Staff requests to be notified a minimum of three days prior to the meeting, in order to notify the Board and applicant.
The block vote and individual grant considerations are identified in the following table.
Item B - Page 3 Applications Recommended to Defer – Block Vote Grant No. Applicant Project Location and Scope 1673 National Center for Cold Cold water safety pilot project Water Safety 1685 Baker County Hewitt and Holcomb Parks – Add security cameras 1689 City of Siletz Old Mill Park – Replace boat ramp, expand gravel parking and maneuver area. Add vault toilet. 1690 City of Umatilla Umatilla Marine Park-add flush restroom 1693 City of Independence Riverview Park - Consultant services for design, engineering and permitting for new nonmotorized access. 1694 City of Sutherlin Ford’s Pond – Add boat ramp, boarding docks, nonmotorized launching dock, gravel parking and vault toilet Applications Considered Individually in Numeric Order Grant No. Applicant Project Location and Scope Amacher Park - Replace and expand parking 1674 Douglas County area. Replace upper portion of boat ramp and expand to include nonmotorized ready area. Boardman Marina - Consultant services for Boardman Parks & 1675 permitting to reconfigure and replace short Recreation District term tie-up docks and gangway. 1676 City of La Grande Morgan Lake - Add vault toilet Cook Park - Consultant services for design, 1677 City of Tigard engineering and permitting to replace boarding docks and add nonmotorized launching docks. Buena Vista - Replace boat ramp, boarding 1678 Polk County docks, expand parking. Add vault toilet and nonmotorized staging area Scappoose Bay Marina – Consultant services 1679 Port of Columbia County for design, engineering and permitting and phase one construction. Eastside and Empire Ramps – Replace 1680 City of Coos Bay boarding docks. Sandy Beach/Schwitter Landing – Repair short 1681 State Parks term tie-up and debris boom. US Forest Service- Wyeth – Replace boat ramp, repair gravel 1682 Deschutes Natl Forest road and parking. Tualatin River outreach, education and access 1683 Tualatin Riverkeepers opportunity campaign. Butteville Landing-add nonmotorized dock, 1684 Marion County piling and gangway Howard Buford Recreation Area - Consultant 1686 Lane County services for design, engineering and permitting for new nonmotorized access. Luckiamute State Natural Area - Consultant 1687 State Parks services for design, engineering and permitting for new nonmotorized access. 1688 City of Grants Pass Baker Park – Overlay existing asphalt parking
Item B - Page 4 area. Add ADA curbs and stormwater system. Hood River Marina – Replace boarding docks 1691 Port of Hood River and abutments Consultant services for archaeologic survey and hydrologic analysis to replace boat ramp, 1696 Jackson County expand parking and add nonmotorized staging area.
09. Each grant applicant received a copy of the staff recommendation for their grant application in advance and was encouraged to contact staff with questions or concerns prior to the Board meeting.
Item B - Page 5 Item No. B1 and Grant No. 1673
PROJECT IDENTIFICATION
Applicant Name: National Center for Cold Water Safety Applicant Contact: Moulton Avery, Director Project Name: Cold Water Safety Pilot Education Project Evaluation Score: 190
GEOGRAPHIC LOCATION
GPS Location: Not applicable Waterbody and mile: Oregon waterways Location: Statewide outreach
NEED
The National Center for Cold Water Safety is proposing a one-year pilot project to educate Oregonians about cold water immersion with the goal of reducing the number of close calls and fatalities. The proposed scope of work will include identifying and developing a network of government agencies, news media, retailers, liveries and other organizations with multilingual capabilities. Developing educational resources and consulting with OSMB staff on website, links, and resources. The target audience is nonmotorized boaters. Most boaters do not understand the impact of cold water and what can happen within the first few moments.
SUPPORT AND USE
Public comments: A total of two (2) comments were received from the public about this project. Both were very supportive and identified the strong need for cold water education.
Type of Support Source of Support None identified
APPROACH
The National Center for Cold Water Safety will identify and develop an outreach network, education resources and consulting with OSMB staff.
EXPECTED RESULTS
Increase awareness of cold water immersion through network and education resources.
OBJECTIVES
Develop network of government agencies, news media, retailers, liveries and other organizations with multilingual capabilities, educational resources and recommendations to improve website, links and resources.
FG 1673 National Center for Cold Water Safety Page 1 of 2 Item B - Page 6 USEFUL LIFE
Unlimited useful life or until new regulations or policies are adopted by the Marine Board.
20-YEAR GRANT HISTORY
Total OSMB State & Biennium Scope All Match Project Federal Funds Cost No active grants
BUDGET NARRATIVE
National Center for Cold Water Safety is providing expertise to create this pilot project.
MATCH AND PARTNERS
Source Amount Percentage National Center for Cold Water Safety-Administrative match $0.00 0% National Center for Cold Water Safety -Cash match $0.00 0% OSMB Grant Funds $65,000.00 100%
Match Total $0.00 0% OSMB Total $65,000.00 100% Grand Total $65,000.00 100%
FEES
National Center for Cold Water Safety will not charge a fee for this pilot project.
TIMELINE
Not applicable
STAFF RECOMMENDATION
OSMB follows the National Association of State Boating Law Administrators guidelines for cold water immersion education. The project scope is vague on what is expected for time and resources from OSMB staff. The applicant is providing zero match.
Staff recommends the Board defer Facility Grant 1673 and encourage the applicant to coordinate with Boating Safety Program to refine the scope and pursue sources of match.
FG 1673 National Center for Cold Water Safety Page 2 of 2 Item B - Page 7 Item No. B1 and Grant No. 1685
PROJECT IDENTIFICATION
Applicant Name: Baker County Applicant Contact: Doni Bruland, Natural Resources/Parks Coordinator Project Name: John Noble Holcomb and Hewitt Parks, Security Camera Project Evaluation Score: 215
GEOGRAPHIC LOCATION
GPS Location: Latitude:44.755969N; Longitude: - 117,131505W Holcomb Latitude: 44.756577N; Longitude: -117.127279W Hewitt Day Use Waterbody and mile: Brownlee Reservoir Location: From I-84 take exit 203. East on Hwy 86. Continue through Richland to Robinette Rd. Left to end of road.
Hewitt Low Water Ramp John Noble Holcomb Ramp
NEED
FG 1685 Hewitt / Holcomb Page 1 of 6 Item B - Page 8 Brownlee Reservoir is a popular destination for both local water enthusiasts and out-of-town visitors. Baker County owns and operates two parks that are adjacent to each other and have a total of three, two-lane launch ramps. John Noble Holcomb Memorial Park is the newest site that features a two-lane boat launch, flush restroom, boarding docks, paved parking, gravel overflow parking and a large campground. Hewitt Park has two, two-lane boat launches. One is used during full pool or near full pool and the other is the low water ramp. Both sites have boarding docks and share large, paved parking area and flush restroom. The day use area also has a small short-term tie-up dock, picnic area and tent camping. The low water access has RV camping in a portion of the asphalt parking area.
During the summer of 2020, an 18-year-old camper went wading/swimming at night and unfortunately drowned. The County is proposing to install eight cameras at an entrance, restrooms, tent camping, tent parking/launch area, office and by the low water boat launch/parking and camping area. The County acknowledges the cameras would not have prevented the unfortunate drowning, but it could have helped identify where the person went and sped up recovery.
Nearby Facility River mile- Site Attributes Location None within the 5 mile radius on this waterbody
SUPPORT AND USE
Baker County estimates 8,000 boaters use John Noble Holcomb and Hewitt Parks annually. 2017 Triennial Survey Data Use days 19,606 on Brownlee Reservoir
Baker County identified boating activities taking place on Brownlee Reservoir. Green=High use Yellow =Medium use Red=Low use
FG 1685 Hewitt / Holcomb Page 2 of 6 Item B - Page 9 Boating Activities Month Watersports Flat water White water Fishing Cruising Sailing Other (ski/wake) paddling paddling January February March April May June July August September October November December Other:
Boating Use Monthly Totals Equals 100% Open Month Jet Cabin Kite/sail motor Pontoon Sail PWC Drift SUP Raft Kayak Canoe boat Cruiser board boat Jan 100 Feb March 99 1 April 99 1 May 88 1 10 1 June 80 2 15 1 2 July 75 2 20 1 2 Aug 75 1 20 2 2 Sept 99 1 Oct 100 Nov 100 Dec 100
Public comment: No comments were received from the public for this project.
Type of Support Source of Support None identified
APPROACH
Baker County will follow their procurement practices to obtain cameras, recording system and install on existing poles and building. The County will use equipment and labor to assist with installation and provide project administration and inspection for the project.
FG 1685 Hewitt / Holcomb Page 3 of 6 Item B - Page 10
EXPECTED RESULTS
The eight cameras will be a management tool to monitor activities and potentially deter vandalism.
OBJECTIVES
Install eight cameras. Three in John Noble Holcomb Memorial Park and five in Hewitt Park.
USEFUL LIFE
The facility improvements have a useful life of 10 years based on similar projects and consistent maintenance.
20-YEAR GRANT HISTORY
Total OSMB State & Biennium Scope All Match Project Federal Funds Cost John Noble Holcomb Replace self-adjusting $393,996.26-County boarding dock, expand $119,750.00-ODFW/SFR 05-07 $93,500.00-BFG $665,263.07 ramp, add fish cleaning $58,016.81-Idaho Power station Replace flush restroom, $84,053.70-County 07-09 $96,000.00- BFG $404,253.70 showers $224,200.00-OPRD $9,122.78-County 09-11 Ramp toe extension $39,460.62- BFG $78,365.00 $29,781.60-ODFW/SFR Crackseal asphalt 15-17 $9,039.53- BFG $2,105.19-County $11,144.72 parking area Hewitt Low Water Ramp Replace self-adjusting 09-11 $27,500.00- BFG $5,371.47-County $32,871.47 boarding dock Hewitt Day Use Crackseal asphalt 15-17 $9,500.00- BFG $2,704.46-County $12,204.46 parking area
BUDGET NARRATIVE
Baker County will follow their procurement process to purchase and install cameras and recording system. In addition, the County will provide equipment and labor to assist with installation and administrative oversight of the project. The budget was determined through research by the County of similar projects in the area.
MATCH AND PARTNERS
Source Amount Percentage County-Administrative match $5,000.00 7% County-Force account match $10,000.00 13% OSMB Grant Funds $60,000.00 80%
Match Total $15,000.00 20% FG 1685 Hewitt / Holcomb Page 4 of 6 Item B - Page 11 OSMB Total $60,000.00 80% Grand Total $75,000.00 100%
FEES
Baker County currently does charge a $5.00 parking fee at Hewitt and Noble Holcomb Parks. The owner does not anticipate modifications to the user fees. Baker County currently receives $5,619.45 in Maintenance Assistance Grant (MAG) funding which they match with a minimum of $2,247.78 in resources.
TIMELINE
Not applicable
STAFF RECOMMENDATION
The County is proposing to install a total of eight security cameras. Three will be installed at John Noble Holcomb Memorial Park, one at the entrance and two facing opposite directions on the restroom. Five cameras will be installed at Hewitt Park, one in the tent camping area, one in the tent parking and full pool launch area, one at the restroom, one at the office and one in the low water launch, parking and RV camping area. Two of the cameras have some direct benefit to boaters because it will capture the two boat launches and parking areas at Hewitt Park. Those cameras will also capture use for camping (tent and RV). Three cameras will have some benefit to boaters related to use at the restroom. The restrooms are also used by campers and day use visitors.
Security cameras are eligible for grant funds and are typically requested to reduce vandalism and boating facility misuse. The County has identified increased negative interactions between campers, domestic abuse, alcohol related issues, vandalism, medical emergencies and drownings as the need for cameras. Staff recognizes that cameras can be a helpful tool to manage activities and uses at parks. However, based on the camera locations and uses staff can justify a total of two cameras for motorized and nonmotorized boating activities.
Staff is recommending the Board defer Facility Grant 1685 and encourage the County to seek additional sources of funds for campground use (tent and RV) and bank angling. Potential sources would include Oregon State Parks and Recreation County Opportunity funds, Oregon Department of Fish and Wildlife Restoration and Enhancement fund and Travel Oregon.
FG 1685 Hewitt / Holcomb Page 5 of 6 Item B - Page 12
FG 1685 Hewitt / Holcomb Page 6 of 6 Item B - Page 13 Item No. B1 and Grant No. 1689
PROJECT IDENTIFICATION
Applicant Name: City of Siletz Applicant Contact: Will Worman, Mayor Project Name: Old Mill Park, Facility Improvements Evaluation Score: 275
GEOGRAPHIC LOCATION
GPS Location: Latitude:44.7249N; Longitude: - 123.9153W Waterbody and mile: Siletz River, river mile 35.8 Location: From the City of Siletz on Hwy 229, turn East on Hwy 410. Left on NE Palmer St, right on NE Mill Park Dr. Park is at end of road.
Boat Ramp and lower parking area
Proposed picnic areas and sanitation area
Upper Parking Area
Left: looking toward town at upper parking area
Right: looking toward boat ramp at upper NEED parking area
FG 1689 Old Mill Park Page 1 of 6 Item B - Page 14 Old Mill Park, also known as Green Thumb amenities, include a single lane boat ramp, lower benched small gravel parking area and upper benched gravel parking area. The upper portion of the access road is approximately 18 feet wide and narrows to about 14 feet wide near the turn to the boat ramp with no formalized pull outs along the road. This access site is used year around by anglers and is a popular put in and take out for drift boats and kayaks.
The City and OSMB staff have been in discussions off and on for more than a decade and over the last couple of years Oregon Department of Fish and Wildlife has also been very interested in replacing of the boat ramp, formalizing parking and adding sanitation. The City would like to add and formalize several picnicking areas in the lower and upper benched areas. The ramp is old, narrow and short with much of the lower portion broken away from years of use and river hydraulics. Launching during lower water conditions is frustrating for boaters who back off the end of the boat ramp and into a drop off at the end of the ramp.
The community is supportive of the City’s efforts to improve safety, increase visibility, create picnicking areas and to improve boating access to encourage positive use of the park.
Nearby Facility River mile- Site Attributes Location Hee Illahee 1 mile South 1 lane ramp, 4 boat trailer & 11 single car stalls, flush restroom Twin Bridges 5 miles East 1 lane ramp, 10 boat trailer & 3 single car stalls, vault toilet Ojalla Park 3 miles North Boat slide, parking, vault toilet
FG 1689 Old Mill Park Page 2 of 6 Item B - Page 15
SUPPORT AND USE
City of Siletz estimates 1,200 boaters use Old Mill Park boat ramp per year currently. 2017 Triennial Survey Data Use days 36,598 in Lincoln County
City of Siletz identified boating activities taking place on the Siletz River. Green=High use Yellow =Medium use Red=Low use Boating Activities Month Watersports Flat water White water Fishing Cruising Sailing Other (ski/wake) paddling paddling January February March April May June July August September October November December Other: Drift boat angling
FG 1689 Old Mill Park Page 3 of 6 Item B - Page 16 Boating Use Monthly Totals Equals 100% Open Month Jet Cabin Kite/sail motor Pontoon Sail PWC Drift SUP Raft Kayak Canoe boat Cruiser board boat Jan 100 Feb 100 March 100 April 100 May 100 June 80 5 5 5 5 July 60 10 10 10 10 Aug 80 5 5 5 5 Sept 90 4 2 2 2 Oct 100 Nov 100 Dec 100
Public comment: A total of 11 comments were received from the public supporting the project.
Type of Support Source of Support Rep. David Gomberg Letter Lincoln County Sheriff’s Office Letter Association of NW Steelheaders Letter
APPROACH
The City of Siletz will follow their procurement process to hire a contractor to replace the ramp and rehabilitate the parking area. The City will purchase a CXT vault toilet from state price agreement. The City will monitor the project and consult with OSMB staff during the process.
EXPECTED RESULTS
Improved access when launching and retrieving a boat and expanding parking will reduce boater frustration. The new picnicking areas will encourage positive use of the facilities.
OBJECTIVES
Replace boat ramp, expand lower and upper benched parking areas, add a vault toilet and picnicking areas.
USEFUL LIFE
The boating improvements have an anticipated useful life of 20 years based on documented useful life of similar construction in Oregon.
FG 1689 Old Mill Park Page 4 of 6 Item B - Page 17 20-YEAR GRANT HISTORY
Total OSMB State & Biennium Scope All Match Project Federal Funds Cost No active grants
BUDGET NARRATIVE
The City has identified utilizing labor and equipment to clean and clear trails, expand and gravel parking areas and equipment for boat ramp work. The City has contacted U.S. Army Corps of Engineers (Corps) and Oregon Department of State Lands (DSL). The Corps has extended a permit that was previously issued and DSL is not requiring a permit if work is not completed in the water.
MATCH AND PARTNERS
Source Amount Percentage City-Administrative match $2,000.00 2% City-Force account match $19,950.00 20.3% City-Cash match $10,000.00 10.2% Volunteer-Force account $1,500.00 1.5% OSMB Grant Funds $65,000.00 66%
Match Total $33,450.00 34% OSMB Total $65,000.00 66% Grand Total $98,450.00 100%
FEES
City of Siletz currently does not charge a fee at Old Mill Park. The owner does not anticipate modifications to the user fees. City of Siletz currently does not receive Maintenance Assistance Grant (MAG) funding.
TIMELINE
Not applicable
STAFF RECOMMENDATION
The City of Siletz has strong community support and is eager to make highly needed boating access improvements. Staff is supportive of these improvements but is concerned about the lack of engineering at this dynamic location. The boat ramp is located on the outside bend of the river in an area prone to erosion and the lower benched area is within the floodplain.
The Park has three benched areas with the boat ramp and lower gravel parking/maneuver area, a middle benched grassy area and the upper bench with additional gravel parking. The benching of
FG 1689 Old Mill Park Page 5 of 6 Item B - Page 18 the facility creates challenges for ADA accessibility. It is unclear if accessible routes, parking and materials are being defined and used on these improvements.
The Corps and DSL permits are essential for boating access sites improvements. Based on vegetation there appears to be a high likelihood that wetlands are in the lower benched area and should be delineated to avoid impacts. Oregon Department of Environmental Quality will also need to issue a water quality certification and review stormwater treatment management plan.
OSMB staff consult with Oregon’s nine federally recognized Tribal Governments on boating facility projects. Based on comments received additional information is needed to determine if an archaeological survey and report will need to be completed for the proposed facility improvements.
Staff recommends that the Board defer Facility Grant 1689 and have the City determine if they would like to hire a consultant to help them with design and compliance or request technical assistance from OSMB staff. This will also provide additional time for the City to investigate additional sources of funds for the picnicking areas. Potential sources would include Oregon State Parks and Recreation Local Government Program or Land and Water Conservation Fund, Oregon Department of Fish and Wildlife Restoration and Enhancement fund and Travel Oregon.
FG 1689 Old Mill Park Page 6 of 6 Item B - Page 19 Item No. B1 and Grant No. 1690
PROJECT IDENTIFICATION
Applicant Name: City of Umatilla Applicant Contact: Esmeralda Horn, Development and Recreation Manager Project Name: Umatilla Marina Flush Restroom Project Evaluation Score: 261
GEOGRAPHIC LOCATION
GPS Location: Latitude:45.9249N; Longitude: - 119.3290W Waterbody and mile: Columbia River, river mile 290 Location: From Hermiston head north on Hwy 395, left on Hwy 730. Right on Brownell Ave, left on 3rd St and right on Quincy Ave.
NEED
FG 1690 Umatilla Page 1 of 5 Item B - Page 20 Umatilla Marina amenities include a four-lane launch ramp, boarding docks, paved parking, gravel overflow parking, marine fuel station, pumpout and dump station, marina moorage, flush restroom, swim beach and portable toilets. Boaters enjoy angling, watersports, sailing cruising, and paddling.
Several years ago, OSMB staff started having discussions with the Port of Umatilla about site improvements. These discussions stopped when the Port decided to not extend the lease with the U.S. Army Corps of Engineers (Corps) to manage and operate the boating facility. The Corps entered into a short (trial period) agreement with the City to operate and manage the boating facilities. A long-term agreement was finalized a couple years ago between the City and Corps.
The City would like to begin making improvements to the boating facilities and wants to start with adding a flushing restroom near the boat ramp. Currently boaters have a portable toilet to use or they walk to the marina to use the flush restroom located near the moorage.
Nearby Facility River mile-Location Site Attributes 1-lane boat ramp, vault toilet, 21 McNary Dam, Oregon Ramp River mile 292 East boat trailer parking stalls 2-lane boat ramp, vault toilet, Hat Rock State Park River mile 298 East boarding docks, 50 boat trailer and 10 single car parking stalls 2-lane boat ramp, boarding and short-term tie-up docks, flush toilet, Irrigon Marina River mile 282 West 28 boat trailer and 6 single car parking stalls, overflow parking Plymouth Marina 3 miles North Washington facility
SUPPORT AND USE
City of Umatilla estimates 5,700 boaters use Umatilla Marina boat ramp and 60 moorage nights per year. Use days 41,791 above John Day Dam on the 2017 Triennial Survey Data Columbia River
FG 1690 Umatilla Page 2 of 5 Item B - Page 21 City of Umatilla identified boating activities taking place on the Columbia River in Umatilla County. Green=High use Yellow =Medium use Red=Low use Boating Activities Month Watersports Flat water White water Fishing Cruising Sailing Other (ski/wake) paddling paddling January February March April May June July August September October November December Other: Historical tours
Boating Use Monthly Totals Equals 100% Open Month Jet Cabin Kite/sail motor Pontoon Sail PWC Drift SUP Raft Kayak Canoe boat Cruiser board boat Jan 94 5 1 Feb 92 7 1 March 92 7 1 April 75 8 8 8 1 May 38 27 8 8 8 1 1 4 4 1 June 35 28 9 9 8 1 1 4 4 1 July 35 28 9 9 8 1 1 4 4 1 Aug 35 28 9 9 8 1 1 4 4 1 Sept 40 30 7 7 7 1 1 3 3 1 Oct 94 5 1 Nov 94 5 1 Dec 96 3 1
Public comment: No comments were received from the public for this project.
Type of Support Source of Support Umatilla Chamber of Commerce Letter
APPROACH
The City will follow their procurement practices to order a flush restroom from state price agreement and hire a contractor to install the restroom. The City will use labor and equipment to
FG 1690 Umatilla Page 3 of 5 Item B - Page 22 excavate and install utilities. In addition, the City will provide administrative oversight and consult with OSMB staff during the process.
EXPECTED RESULTS
Permanent sanitation will be installed near the boat ramp.
OBJECTIVES
Install flush restroom near the boat ramp.
USEFUL LIFE
The boating facility improvements have an anticipated useful life of 20 years based on the documented useful life of similar construction in Oregon.
20-YEAR GRANT HISTORY
Total OSMB State & Biennium Scope All Match Project Federal Funds Cost Replace fuel dock, 03-05 $11,000.00-BFG $20,445.00-Port $31,445.00 gangway Upgrade fuel station 05-07 for overflow/leak $24,172.32-BFG $1,000.00-Port $25,172.32 detection Replace $4,420.27-BFG 13-15 $500.00-City $18,181.10 pumpout/dump station $13,260.83-CVA
BUDGET NARRATIVE
The budget is developed utilizing the statewide price agreement for prefabricated flush restrooms. The City identified pre-agreement costs for permits, archaeological survey and report although those items have not been expended. The City is planning to expend resources pursing those items for future phase.
MATCH AND PARTNERS
Source Amount Percentage City-Administrative match $2,500.00 1.4% City-Pre-agreement costs-not yet expended $17,000.00 9.4% City-Force account match $7,000.00 4% City-Cash match $38,200.00 21.2% OSMB Grant Funds $115,300.00 64%
Match Total $64,700.00 36% OSMB Total $115,300.00 64% Grand Total $180,000.00 100%
FEES
FG 1690 Umatilla Page 4 of 5 Item B - Page 23 City of Umatilla currently does not charge a fee at Umatilla Marina boat ramp. The owner does not anticipate modifications to the user fees. City of Umatilla currently receives $6,900.00 in Maintenance Assistance Grant (MAG) funding which they match with a minimum of $4,600.00 in resources.
TIMELINE
Not applicable
STAFF RECOMMENDATION
Staff is supportive and looks forward to working with the City to replace and update the 1970s era boating facilities. OSMB staff have completed topographic and bathymetric survey. Conceptual design was placed on hold while the Corps and City established a long-term lease. A conceptual design needs to be developed that includes modifications to the size and orientation of the boat ramp, new boarding docks, location for nonmotorized boat launching facility, flush restroom, new parking layout that incorporates stormwater management features, accessible routes and features to enhance access. This should be completed prior to any physical improvements.
OSMB staff consult with Oregon’s nine federally recognized Tribal Governments on boating facility projects. Based on comments received an archaeological survey and report will need to be completed for the facility improvements.
Staff is recommending the Board defer Facility Grant 1690 until a conceptual design for the boating improvements can be developed and consultation completed with the Corps for site improvements.
FG 1690 Umatilla Page 5 of 5 Item B - Page 24 Item No. B1 and Grant No. 1693
PROJECT IDENTIFICATION
Applicant Name: City of Independence Applicant Contact: Shawn Irvine, Economic Development Director Project Name: Riverview Park, Consultant Services Evaluation Score: 262
GEOGRAPHIC LOCATION
GPS Location: Latitude:44.853N; Longitude: -123.182W Waterbody and mile: Willamette River, river mile 94.7 Location: From Hwy 51 in Independence, turn East on C St. to parking area
NEED
Riverview Park is a popular location for nonmotorized boaters to launch and retrieve from the gravel bar or stay overnight at one of the boat/bike camping spaces. The City has completed a master plan that identifies a new river access point on the opposite end of Riverview Park.
The river access would be used for swimming, wading, bank angling, wildlife viewing, and nonmotorized boating. The City would like to create a more defined access point that is accessible to the beach.
Nearby Facility River mile- Site Attributes Location Independence Sports Park 1 mile 1 lane ramp, paved parking, downstream boarding docks, sanitation Riverview Park- existing access 700-800 feet Gravel bar, paved parking, downstream sanitation FG 1693 Riverview Park Page 1 of 4 Item B - Page 25 Buena Vista County Park 10 miles Concrete ramp, parking, vault toilet upstream
SUPPORT AND USE
City of Independence estimates 8,000 boaters use the existing paddle access at Riverview Park currently. 2017 Triennial Survey Data 47,557 Use days from Corvallis to Salem on the Willamette River
City of Independence identified boating activities taking place on the Willamette River. Green=High use Yellow =Medium use Red=Low use Boating Activities Month Watersports Flat water White water Fishing Cruising Sailing Other (ski/wake) paddling paddling January February March April May June July August September October November December Other:
Boating Use Monthly Totals Equals 100% Open Month Jet Cabin Kite/sail motor Pontoon Sail PWC Drift SUP Raft Kayak Canoe boat Cruiser board boat Jan Feb 90 10 March 10 80 10 April 15 75 10 May 20 70 10 June 30 60 10 July 30 60 10 Aug 30 60 10 Sept 20 70 10 Oct 10 80 10 Nov 90 10 Dec
FG 1693 Riverview Park Page 2 of 4 Item B - Page 26 Public comment: A total of three (3) comments were received for the pubic in support of the project.
Type of Support Source of Support Independence Downtown Association Letter The Independence Hotel Letter Willamette Riverkeepers Letter Willamette Valley Visitors Association Letter State Parks Letter
APPROACH
The City will follow their procurement practices to select a consultant to complete the engineering, design, prepare and submit permit applications for local, state and federal approvals. The City will provide administrative oversight and consult with OSMB throughout the project.
EXPECTED RESULTS
Complete essential first steps toward construction of the proposed master plan development.
OBJECTIVES
Complete design and engineering to the level required for the preparation and submittal of the permits.
USEFUL LIFE
The anticipated permitting work has an anticipated useful life of 5 years.
20-YEAR GRANT HISTORY
Total OSMB State & Biennium Scope All Match Project Federal Funds Cost No active grants
BUDGET NARRATIVE
The budget was developed by the City based on information from the consultant. The has identified preagreement expenses for survey, administrative oversight and cash toward the project.
MATCH AND PARTNERS
Source Amount Percentage City-Administrative match $5,000.00 4% City-Pre-agreement match $6,000.00 5% City-Cash match $24,000.00 20% OSMB Grant Funds $85,000.00 71%
FG 1693 Riverview Park Page 3 of 4 Item B - Page 27 Match Total $35,000.00 29% OSMB Total $85,000.00 71% Grand Total $120,000.00 100%
FEES
City of Independence currently does not charge a fee at Riverview Park. The owner does not anticipate modifications to the user fees. City of Independence currently does not receive Maintenance Assistance Grant (MAG) funding for Riverview Park.
TIMELINE
Not applicable
STAFF RECOMMENDATION
The City has completed a master plan that identifies a second access point to the river. The access point will be used for multiple nonmotorized boating activities. The estimated budget seems high for the use associated with boating and access to a beach area.
OSMB staff consult with Oregon’s nine federally recognized Tribal Governments on boating facility projects. Based on comments received an archaeological survey and report will need to be completed for the facility improvements.
Staff is recommending the Board defer Facility Grant 1693 until the boating facility improvements are more defined and accessibility enhancements are identified for nonmotorized boating facility access.
FG 1693 Riverview Park Page 4 of 4 Item B - Page 28 Item No. B1 and Grant No. 1694
PROJECT IDENTIFICATION
Applicant Name: City of Sutherlin Applicant Contact: Brian Elliott, Community Development Director Project Name: Ford’s Pond Evaluation Score: 277
GEOGRAPHIC LOCATION
GPS Location: Latitude:43.39N; Longitude: -123.36W Waterbody and mile: Ford’s Pond Location: From I-5 take Exit 136, go west on Hwy 138W for approximately 1.2 miles. South on Church Road. Continue approximately 400 yards to park on the right.
NEED
FG 1694 Ford’s Pond Page 1 of 5 Item B - Page 29 The City of Sutherlin acquired Ford’s Pond in 2014 which started the process to plan and develop the property as a community park. A master plan was completed in 2017. Shortly after the Friends of Ford’s Pond and the City met onsite with OSMB staff to look at the pond and discuss development of a small boating access site.
The former log pond would be suitable for small boats and nonmotorized boats. There is an electric motor and speed restriction of 5mph on the pond. Throughout the planning and public involvement process small boat and angling access has been consistently identified as a need.
The City previously applied for a grant during Cycle 2 of the 2019-21 biennium to install a small concrete boat ramp, boarding docks, paved parking, vault toilet and fishing dock. Due to the cost of the initial project OSMB staff recommended deferring the project and helping the City with design and engineering to reduce the overall cost.
The proposed boating facility is bordered on the north by a large wetland and the south the pond. The area to work with is narrow and constrained in part because of the 1.7- mile trail that runs along the top of bank. The City has received three grants from Oregon State Parks and Recreation (Recreational Trail Program, Land and Water Conservation Fund and Local Government Grant for trails, parking, sanitation and master plan. The location of the proposed boating facility and access from Highway 138 would also make the facility an attractive trailhead and rest area. A conceptual design has been developed for the permit application process. Staff does not anticipate the U.S. Army Corps Engineers permit to take long to receive. However, Oregon Department of State Lands may take a bit longer to receive because of the proximity of the facility improvements to the wetlands and Oregon Department of Environmental Quality review for water quality certification and stormwater management may also take some additional time to receive.
Nearby Facility River mile- Site Attributes Location Cooper Creek Reservoir East and 4.5 miles East Ramp, parking, boarding docks, West restrooms
SUPPORT AND USE
FG 1694 Ford’s Pond Page 2 of 5 Item B - Page 30
City of Sutherlin estimates 500 boaters use Ford’s Pond currently. 2017 Triennial Survey Data Use days- Not listed
City of Sutherlin identified boating activities taking place on Ford’s Pond. Green=High use Yellow =Medium use Red=Low use Boating Activities Month Watersports Flat water White water Fishing Cruising Sailing Other (ski/wake) paddling paddling January February March April May June July August September October November December Other:
Boating Use Monthly Totals Equals 100% Open Month Jet Cabin Kite/sail motor Pontoon Sail PWC Drift SUP Raft Kayak Canoe boat Cruiser board boat Jan 25 25 25 25 Feb 25 25 25 25 March 25 25 25 25 April 25 25 25 25 May 5 5 65 25 June 5 5 65 25 July 5 5 65 25 Aug 5 5 65 25 Sept 5 5 65 25 Oct 5 5 65 25 Nov 25 25 25 25 Dec 25 25 25 25
Public comments: This project received one (1) comment from the public that wants to separation between the trail and parking area.
Type of Support Source of Support Blue Zones Project Letter Citizen Letter Sutherlin School District Letter FG 1694 Ford’s Pond Page 3 of 5 Item B - Page 31 Umpqua Valley Audubon Society Letter Friend’s of Ford’s Pond Letter
APPROACH
City of Sutherlin will follow their procurement practices to receive bids and select a contractor. The contractor will complete the project as designed by OSMB staff engineers, follow best management practices for working in-water and maintain compliance with environmental regulatory agency permits. The City will provide equipment and force account labor to offset some of the costs of the project. The City will monitor and inspect the contractors work and OSMB staff will conduct periodic progress inspections and a final inspection.
EXPECTED RESULTS
To create improved boating access for nonmotorized and electric powered boats.
OBJECTIVES
Install single lane boat ramp, gravel parking with asphalt ADA pad, and vault toilet.
USEFUL LIFE
The boating improvements have an anticipated useful life of 20 years based on documented useful life of similar construction in Oregon.
20-YEAR GRANT HISTORY
Total OSMB State & Biennium Scope All Match Project Federal Funds Cost No active grants
BUDGET NARRATIVE
The budget is developed utilizing statewide and regional unit pricing that OSMB staff have collected and maintained. City of Sutherlin has identified a prorated amount for work previously completed including wetland delineation, master plan and trail at the top of bank through the proposed boating facility as preagreement expenses.
In addition, the City has identified permit fees, administrative expenses, and labor and equipment to construct a temporary parking area. The City cash match is only for construction management completed by a consultant.
MATCH AND PARTNERS
FG 1694 Ford’s Pond Page 4 of 5 Item B - Page 32 Source Amount Percentage City-Administrative match (includes pre-agreement costs) $35,692.55 7.2% Other- Administrative match (includes pre-agreement costs) $8,012.45 1.6% City-Force account match $52,571.00 10.6% City-Cash match $14,000.00 2.8% Other-Cash match $1,000.00 >1% OSMB Grant Funds $383,500.00 77.5%
Match Total $111,276.00 22.5% OSMB Total $383,500.00 77.5% Grand Total $494,776.00 100%
FEES
City of Sutherlin currently charges no fees for use of the Ford’s Pond Community Park. The owner does not anticipate modifications to the user fees. City of Sutherlin currently does not receive Maintenance Assistance Grant (MAG) funding.
TIMELINE
Not applicable
STAFF RECOMMENDATION
Ford’s Pond is a small pond that has warmwater fishing, bird watching, nature viewing and trail that has been partially improved with grants from State Parks. The proposed boating facility development is small and will serve nonmotorized and electric motor boating use. The facility will also attract use as a trailhead and rest area.
Staff would encourage the City to pursue local, state and federal permits for the proposed boating facility improvements. OSMB staff consult with Oregon’s nine federally recognized Tribal Governments on boating facility projects. Based on comments received an archaeological survey and report will need to be completed for the proposed facility improvements. The City would be eligible to apply for a Small Grant to assist with the permitting or archaeological work.
This application was right under the line for funding. The application would have ranked higher if permits were approved and the applicant would have provided additional matching funds.
Staff recommends that the Board defer Facility Grant 1694 and encourage the City to find additional matching resources to address the nonboating uses of the parking and sanitation facilities for trailhead and rest area uses. Potential sources would include Oregon State Parks and Recreation Recreational Trail Program or Land and Water Conservation Fund, Oregon Department of Fish and Wildlife Restoration and Enhancement fund and Travel Oregon.
FG 1694 Ford’s Pond Page 5 of 5 Item B - Page 33 Item No. B2 and Grant No. 1674
PROJECT IDENTIFICATION
Applicant Name: Douglas County Parks Department Applicant Contact: Rocky Houston, Parks Director Project Name: Amacher Park, Permit Package Evaluation Score: 303
GEOGRAPHIC LOCATION
GPS Location: Latitude: 43.281298N; Longitude: -123.355504W Waterbody and mile: North Umpqua River, river mile 7 Location: I-5, Exit 129. Head south on NE Stephens St. 1 mile. Park is on west side of road.
FG 1674 Amacher Park Page 1 of 6 Item B - Page 34
NEED
Amacher Park on the North Fork of the Umpqua River is a popular launch and retrieval point for thousands of recreational boaters each year, especially during salmon and steelhead season and the summer paddle season.
The site has a one lane launch ramp, flush restroom, and parking. The parking area is broken into two sections, a partially paved area near the boat ramp and a gravel area near the restroom. The parking area does not have a clear traffic flow pattern or defined parking spaces for boat trailer and single cars which often creates conflict, traffic jams and user frustration.
The County has been pursuing parking improvements for about six years. The property has numerous challenges associated with highway bridge piers, stormwater drainage from the bridge, access road location for boating and camping, majority of property is within the floodplain limiting the amount of cut and fill that can occur within the project location and a railroad trestle runs through the property. The County has completed the archaeological survey and report and county, state and federal permits have been submitted.
The County has observed an increase in boaters and vehicles wanting access to the site. Due to the poor condition of the existing asphalt surface, lack of traffic flow and clearly defined parking spaces, the level of use is resulting in vehicles parking in areas not intended or desired to be used for parking. This is impacting vegetation, riparian areas, safety and facility maintenance.
During the 2015-17 biennium the lower portion of the boat ramp was replaced. This project will include replacing the upper portion and adding nonmotorized boat loading and unloading zones on the sides of the ramp. This is a new concept that we believe will help reduce user frustration related to the amount of time needed to unload, load, launch and retrieve all boats.
Another new concept will allow the first and second row of boat trailer parking spaces near the ramp to be seasonally used by single cars, double stacked when in the same party. These spaces will not be stenciled vehicle with boat trailer only parking. A couple signs will be installed like the adjacent sign design that will say car or boat trailer parking and when open will say vehicle with boat trailer parking only. We believe this will be useful management tool for the County to address seasonal changes in use.
Nearby Facility River mile- Site Attributes Location Hestness Park 1.8 miles West Ramp, parking, vault toilet
FG 1674 Amacher Park Page 2 of 6 Item B - Page 35 River Forks 4.3 miles West Ramp, parking, flush restroom
SUPPORT AND USE
Douglas County estimates 5,000-10,000 boaters use Amacher Park boat ramp yearly. 2017 Triennial Survey Data 13,536 use days on North Fork Umpqua River
Douglas County identified boating activities taking place at Amacher Park. Green=High use Yellow =Medium use Red=Low use Boating Activities Month Watersports Flat water White water Fishing Cruising Sailing Other (ski/wake) paddling paddling January February March April May June July August September October November December Other: Floating/Rafting
Boating Use Monthly Totals Equals 100% Open Month Jet Cabin Kite/sail motor Pontoon Sail PWC Drift SUP Raft Kayak Canoe boat Cruiser board boat Jan 10 50 40 Feb 10 50 40 March 10 50 40 April 5 45 5 35 10 May 5 15 5 15 35 20 5 June 5 5 5 25 5 30 15 5 July 5 5 5 30 35 15 5 Aug 5 5 5 35 30 15 5 Sept 5 5 10 10 45 25 10 Oct 10 40 50 Nov 10 50 40 Dec 10 50 40
Public Comment: No comments were received from the public for this project.
Type of Support Source of Support Mid-Oregon Bass Club Letter FG 1674 Amacher Park Page 3 of 6 Item B - Page 36 Douglas County Sheriff’s Office Letter Umpqua Fishermen’s Association Letter River guide Letter Boater Email Oregon Dept. of Fish and Wildlife Letter
APPROACH
Douglas County will follow their procurement rules to receive bids and select a contractor. OSMB staff engineers and the County will review and evaluate bids prior to award. The contractor will complete the project as designed by OSMB staff engineers, follow best management practices for working in-water, maintain compliance with permits and follow the Inadvertent Discovery Plan. The County will also provide onsite monitoring and inspection of the contractors work and OSMB staff will conduct periodic progress inspections and a final inspection.
EXPECTED RESULTS
Improved traffic flow and reduced conflict and user frustration when parking, unloading, loading, launching and retrieving boats.
OBJECTIVES
Have a uniform parking and travel lane surface that is delineated and create nonmotorized boat staging area for loading, unloading, launching and retrieving and replace the upper portion of the boat ramp.
USEFUL LIFE
The facility improvements have a useful life of 20 years based on documented useful life of similar construction and consistent maintenance.
20-YEAR GRANT HISTORY
Total OSMB State & Biennium Scope All Match Project Federal Funds Cost 15-17 Repair ramp toe $24,416.69-BFG $24,416.69-County $48,833.38 Archaeological Survey 19-21 $6,510.89-BFG $4,739.10-County $11,249.99 & Report Regulatory permit 19-21 $35,000.00-BFG $12,963.00-County $47,693.00 package
BUDGET NARRATIVE
The budget is developed utilizing statewide and regional unit pricing that OSMB staff have collected and maintained. The County is providing project management and cash and will consult with OSMB staff during the project. In addition, the County has secured funds from the Umpqua Fishery Enhancement. Oregon Department of Fish and Wildlife has committed federal Sport Fish
FG 1674 Amacher Park Page 4 of 6 Item B - Page 37 Restoration funding from U.S. Fish and Wildlife Service for this project. If approved the County will enter into two grant agreements one with OSMB and one with ODFW.
MATCH AND PARTNERS
Grant Application Budget: As Applied Source Amount Percentage County-Administrative match $6,300.00 .8% County-Force account match $13,800.00 1.8% County-Cash match $165,400.00 21.7% Umpqua Fishery Enhancement-Other match $5,000.00 .7% OSMB Grant Funds $571,500.00 75%
Match Total $190,500.00 25% OSMB Total $571,500.00 75% Grand Total $762,000.00 100%
Modified Grant Application Budget Source Amount Percentage County-Administrative match $6,300.00 .8% County-Force account match $13,800.00 1.8% County-Cash match $165,400.00 21.7% Umpqua Fishery Enhancement-Other match $5,000.00 .7% ODFW-Sport Fish Restoration-Federal $428,250.00 56.2% OSMB Waterway Access Grant Funds – State $71,625.00 9.5% OSMB Boating Facilities Grant Funds-State $71,625.00 9.5%
Match Total $618,750.00 81% OSMB Total $143,250.00 19% Grand Total $762,000.00 100%
FEES
Douglas County currently does charge a $4 parking fee at Amacher Park. The owner does anticipate modifications to the user fees beginning July 1, 2021. Douglas County currently receives $2,160 in Maintenance Assistance Grant (MAG) funding which they match with a minimum of $1,440 in resources.
TIMELINE
Bid opening February 2022 Contract awarded March 2022 Project completed May 2022 Final reimbursement submitted June 2022
STAFF RECOMMENDATION FG 1674 Amacher Park Page 5 of 6 Item B - Page 38
Douglas County has been working on the improvements to Amacher Park over the last six years and the U.S. Army Corps of Engineers and Oregon Department of State Lands permits are pending. The County is ready to complete this project during the 2021-23 biennium.
Staff recommends the Board authorize Facility Grant 1674 in the amount of $71,625.00 Boating Facility Grant funds and $71,625.00 Waterway Access Grant funds to match $618,750.00 of applicant match as identified in the budget. The total project cost is $762,000.00.
FG 1674 Amacher Park Page 6 of 6 Item B - Page 39 Item No. B2 and Grant No. 1675
PROJECT IDENTIFICATION
Applicant Name: Boardman Parks and Recreation District Applicant Contact: Ted Lieurance, District Manager Project Name: Boardman Marina Permit Package Evaluation Score: 297
GEOGRAPHIC LOCATION
GPS Location: Latitude:48.8425N; Longitude:-119.712689W Waterbody and mile: Columbia River, river mile 268.6 Location: Take Exit 164 from I-84 East or West bound. Turn North, travel 1/3 miles. Facility on the left past the railroad tracks.
FG 1675 Boardman Page 1 of 6 Item B - Page 40
NEED
The Columbia River is the most used waterbody in Oregon. Boardman Marina developed during the construction of the John Day Dam in the 1970’s is a popular destination for recreational boaters, anglers and cruisers since its inception.
The Boardman Marina and RV Park is a multi- use facility with camping, marina, boat ramp, parking, large day use area, softball fields, basketball courts, volleyball areas, walking trails, picnicking and many other supporting amenities. The boating facilities include a two- lane ramp, boarding docks, short term tie-up dock, asphalt parking, gravel overflow marina, parking, flush restroom, pumpout, and dump station.
The District and OSMB staff discussed current use of the three docks and how to best address current, future and desired use. Currently dock one and part of dock two is used by campers to moor their boat up to ten days. The other part of dock two is long-term moorage that has become somewhat problematic with boats that are not currently registered or in questionable condition. The short-term tie-up dock has the pumpout and dump station on it and is used by cruisers transiting the Columbia River and as a waiting area when the launch ramp is full. Dock one and two have concrete spalling, rusted and seized thru rods, rotted wale boards, missing or saturated floatation and do not meet current environmental permit requirements for light shading.
The vision is to consolidate the three docks into one docking structure with all use restricted to short-term and limited to no more than a ten day stay within a thirty-day period. Due to the condition of dock one and two it is difficult to fully assess the need for docking space and size of slips. As a result, the concept is broken into two phases and perhaps a third phase. Phase one will only be broadside tie-up which provides the most flexibility for boat size and reduces the current capacity by approximately 30 percent.
The District will monitor the size of boats using the docks and categorize the use by camping, cruising or boat ramp waiting area. This information will be used to inform the District and OSMB on the need for phase two and if the expansion would qualify for federal Boating Infrastructure Grant funds. Additionally, the District will also monitor where nonmotorized boats are currently launching and notify OSMB staff if there is a need to include an additional dog leg dedicated to nonmotorized boats. Phase two would expand broadside tie-up space and add finger docks for slips.
Nearby Facility River mile-Location Site Attributes FG 1675 Boardman Page 2 of 6 Item B - Page 41 Paterson Ferry East, 9 miles Ramp, gravel parking, vault toilet Ramp, boarding docks, asphalt parking, Irrigon Marina East, 11 miles flush restroom, pumpout/dump station. Ramp, boarding dock, asphalt and gravel Threemile Canyon Park West, 11 miles parking, vault toilet
SUPPORT AND USE
The District estimates 2,500-3,000 boaters use Boardman Marina boat ramp yearly. 2017 Triennial Survey Data Total Use days-41,791 above John Day Dam
The District identified boating activities taking place at Boardman Marina. Green=High use Yellow =Medium use Red=Low use Boating Activities Month Watersports Flat water White water Fishing Cruising Sailing Other (ski/wake) paddling paddling January February March April May June July August September October November December Other: Hunting
FG 1675 Boardman Page 3 of 6 Item B - Page 42 Boating Use Monthly Totals Equals 100% Open Month Jet Cabin Kite/sail motor Pontoon Sail PWC Drift SUP Raft Kayak Canoe boat Cruiser board boat Jan 100 Feb 100 March 100 April 83 2 5 5 2 3 May 81 2 5 4 4 2 1 1 June 81 3 5 2 2 5 1 1 July 79 3 7 2 2 5 1 1 Aug 79 3 7 2 2 5 1 1 Sept 86 3 3 2 1 5 Oct 100 Nov 100 Dec 100
Public Comment: No public comments were received for this project. Type of Support Source of Support City of Boardman Letter Boater Letter
APPROACH
The District will follow their procurement practices to obtain a consultant to complete and submit the permit application. The District will monitor the project and coordinate with OSMB staff throughout the process. EXPECTED RESULTS
Permit applications submitted and accepted by regulatory agencies.
OBJECTIVES
Submit a permit application to the regulatory agencies for the District to replace and reconfigure the short-term tie-up dock.
USEFUL LIFE
The anticipated permitting work has an anticipated useful life of 5 years.
20-YEAR GRANT HISTORY
OSMB State & Total Project Biennium Scope All Match Federal Funds Cost Replace 2-lane ramp, $144,500-BFG $108,000-SFR 05-07 boarding docks, piles, $298,429.00 $45,929-District asphalt parking
FG 1675 Boardman Page 4 of 6 Item B - Page 43 Overlay and stripe 11-13 $163,375-BFG $60,249-District $223,625.00 parking area Replace pumpout and $3,988-BFG 13-15 $1,603-Distrct $17,554.00 dump station $11,963-CVA
BUDGET NARRATIVE
The budget is developed utilizing statewide and regional unit pricing that OSMB staff have collected and maintained. The District is contributing 27.3% percent match.
MATCH AND PARTNERS
Source Amount Percentage District-Administrative match $2,000.00 2.6% District-Cash match $19,000.00 24.7% OSMB Boating Facility Grant Funds - State $45,500.00 59.1% OSMB Boating Infrastructure Grant-Federal $10,500.00 13.6%
Match Total $21,000.00 27.3% OSMB Total $56,000.00 72.7% Grand Total $77,000.00 100%
FEES
Boardman Park and Recreation District currently charges no fees for use of the Boardman Marina. The owner does not anticipate modifications to the user fees. Boardman Park and Recreation District currently receives $7,100 in Maintenance Assistance Grant (MAG) and $900 in federal Clean Vessel Act (CVA) funding which they match with a minimum of $4,733.33 in resources for state funds and $300.00 in resources for federal CVA funds.
TIMELINE
Consultant solicitation August 2021 Contract awarded September 2021 Project completed June 2022 Final reimbursement submitted July 2022
STAFF RECOMMENDATION
Preparing and submitting permit applications is an essential step to making these improvements. Obtaining permits for in-water structures takes a significant amount of time to address the local, state and federal agency permitting requirements. It is not unusual to have 14 to 21 different agencies commenting, reviewing or approving a portion of the permit. OSMB staff consult with Oregon’s nine federally recognized Tribal Governments on boating facility projects. Based on comments received additional discussions will need to be had with the U.S. Army Corps of Engineers (landowner) on the likelihood that an archaeological survey and report will need to be completed for the project.
FG 1675 Boardman Page 5 of 6 Item B - Page 44 Staff recommends the Board authorize Facility Grant 1675 in the amount of $45,500.00 Boating Facility Grant funds and $10,500.00 federal Boating Infrastructure Grant funds to match $21,000.00 of applicant match as identified in the budget. The total project cost is $77,000.00.
FG 1675 Boardman Page 6 of 6 Item B - Page 45 Item No. B2 and Grant No. 1676
PROJECT IDENTIFICATION
Applicant Name: City of La Grande Applicant Contact: Stu Spence, Parks & Recreation Director Project Name: Morgan Lake Campground, Vault Toilet Evaluation Score: 291
GEOGRAPHIC LOCATION
GPS Location: Latitude:45.29759N; Longitude: -118.13433W Waterbody and mile: Morgan Lake Location: From Hwy I-84, La Grande, take exit 261. Turn left on Island Ave. Left on 4th St. Right on C Ave. Left on Walnut Rd which turns into Morgan Lake Road. Follow to Lake.
NEED
Morgan Lake is a nonmotorized lake located a little more than two miles from LaGrande. The lake is nearly 60 acres and annually stocked with trout by ODFW. Standup paddleboarding is one of the most popular styles of boats on the lake followed by kayaks and canoes. Based on ODFW stocking it is not surprising that angling has the highest amount of use followed by flatwater padding and sailing.
The next closed lake or reservoir for flatwater paddling is about 30 miles away at Wolf Creek Reservoir. Wolf Creek Reservoir is owned and operated by the Powder Valley Water Control District and is used for irrigation and water recreation. Water levels at Morgan are relatively stable. The
FG 1676 Morgan Lake Page 1 of 5 Item B - Page 46 Grand Ronde River flows through LaGrande and does provide Class I to 4 nonmotorized boating opportunities. The best time to run the sections is in spring when flows are higher. During summer months the river is shallow and not as conducive to boat.
Over the last few years, the City has worked with community members, cleaning up the lake area and Photo credit Eric Valentine creating an inviting place for angling, bird watching and nonmotorized boating. The City also has a small campground open from April 22 through October 31, that is free with stays up to three days.
There is a vault toilet near the boat ramp on the northwest corner of the lake and a deteriorating vault toilet on the south end of the lake that is hidden in the trees and inaccessible. The lack of accessible sanitation on the south end of the lake means boaters are either paddling to the north end, going in the lake or going upland and using nearby vegetation for cover. Based on the toilet paper evidence left on the south end, upland appears to be the popular option. The City will also be installing boating safety educational signage in the area. There is a life jacket loaner stations near the boat ramp that is used by visitors.
Nearby Facility River mile- Site Attributes Location None on this waterbody FG 1676 Morgan Lake Page 2 of 5 Item B - Page 47 SUPPORT AND USE
City of La Grande estimates 1,500 boaters visit Morgan Lake per year 2017 Triennial Survey Data Use days Total – 85
City of La Grande identified boating activities taking place on Morgan Lake. Green=High use Yellow =Medium use Red=Low use Boating Activities Month Watersports Flat water White water Fishing Cruising Sailing Other (ski/wake) paddling paddling January February March April May June July August September October November December
Boating Use Monthly Totals Equals 100% Open Month Jet Cabin Kite/sail motor Pontoon Sail PWC Drift SUP Raft Kayak Canoe boat Cruiser board boat Jan Feb March April 5 10 5 5 45 30 May 5 10 15 10 35 25 June 5 5 30 10 25 25 July 5 5 50 10 15 15 Aug 5 5 50 10 20 10 Sept 5 5 50 10 20 10 Oct 5 10 5 5 45 30 Nov Dec
Public Comments Received: A total of 31 comments were received from the public. All comments were very supportive of adding a vault toilet to Morgan Lake. Many comments referred to the lake as asset to the community and used heavily year-round. There are several comments about lack of sanitation means a lot of toilet paper scattered around near where people access the water.
Type of Support Source of Support Parks & Recreation Advisory Commission Verbal FG 1676 Morgan Lake Page 3 of 5 Item B - Page 48
APPROACH
The City will follow their procurement practices to order the vault toilet from state price agreement. City labor and equipment will prepare the site and a contractor will be hired to complete the concrete work for the accessible route and parking space. The City will provide project administration, inspection and will consult with OSMB staff during the construction phase.
EXPECTED RESULTS
Functioning accessible vault toilet on the south end of the lake, increased awareness about boating safety and reduced human waste along the shore.
OBJECTIVES
Improve sanitation on the south end of the lake,
USEFUL LIFE
The facility improvements have a useful life of 20 years based on documented useful life of similar construction and consistent maintenance.
20-YEAR GRANT HISTORY
Total OSMB State & Biennium Scope All Match Project Federal Funds Cost No active grants
BUDGET NARRATIVE
The budget is developed utilizing the statewide price agreement for prefabricated concrete vault toilets. The City has secured a funding from Oregon Department of Fish and Wildlife Restoration and Enhancement Grant fund and a Wildhorse Foundation Grant.
MATCH AND PARTNERS
Source Amount Percentage City-Administrative match $3,448.00 6% City-Force Account match $9,494.00 17% City-Cash match $0.00 0% ODFW-Restoration and Enhancement Grant $33,250.00 59% Wildhorse Foundation Grant $1,000.00 2% OSMB Waterway Access Grant $9,250.00 16%
Match Total $47,192.00 84% OSMB Total $9,250.00 16% Grand Total $56,442.00 100%
FG 1676 Morgan Lake Page 4 of 5 Item B - Page 49 FEES
City of La Grande currently does not charge a fee at Morgan Lake. The owner does not anticipate modifications to the user fees. This location is not eligible for Maintencance Assistance Grant (MAG) funding because the use is only for nonmotorized boating.
TIMELINE
Vault toilet ordered July 2021 Vault toilet installed September 2021 Project completed October 2021 Final Reimbursement submitted November 2021
STAFF RECOMMENDATION
The City is dedicated to this project and improving the boating experience on Morgan Lake. The City has done an amazing job of finding additional funds for the amount of use associated with nonboating activities. Staff is planning to visit the lake this summer to inspect and evaluate the boating access points. There may be an opportunity to modify the docking system to have a transitional loading and unloading bench, clear space and accessible routes to improve the nonmotorized boating experience. Staff is looking forward to working with the City on this project.
Staff recommends the Board authorize Facility Grant 1676 in the amount of $9,250.00 Waterway Access Grant funds to match $47,192.00 of applicant match as identified in the budget. The total project cost is $56,442.00.
FG 1676 Morgan Lake Page 5 of 5 Item B - Page 50 Item No. B2 and Grant No. 1677
PROJECT IDENTIFICATION
Applicant Name: City of Tigard Applicant Contact: Rick Gruen, Parks and Recreation Manager Project Name: Cook Park, Consultant Services for Permitting Package Evaluation Score: 292
GEOGRAPHIC LOCATION
GPS Location: Latitude:45.3938N; Longitude: -122.7719W Waterbody and mile: Tualatin River, river mile 9.8 Location: From 99W in Tigard, head east on Durham Rd. South on SW 92nd Ave which leads into Cook Park.
NEED
FG 1677 Cook Park Page 1 of 5 Item B - Page 51 Cook Park boating facility amenities include a single-lane launch ramp, boarding docks, flush restroom, asphalt parking, and nonmotorized boat rentals. Cook Park is a large day use park with ball fields, trails, horseshoe pits, garden, playground, and picnic shelter. The boarding docks are about 26 years old and were replaced after the flood of 1996.
Nonmotorized boating has increased significantly over the last decade on the Tualatin River and Cook Park is one of the few access points on the river that has parking, docks and boat ramp. This is also one of the few access points that small motorized boats can use on the river. Unfortunately, the docks ground out on the riverbank instead of the typical concrete boat ramp. This makes it very challenging to clean sediment from under the dock that accumulates during seasonal high-water. This condition contributes to the uneven walking surface of the docks and becomes a barrier to access.
The City is requesting assistance to engineer, design, prepare and submit local, state and federal permit applications to replace the docks and improve ADA accessibility for boaters.
Nearby Facility River mile-Location Site Attributes Short term tie-up, parking, flush Jurgens Park, City of Tualatin RM 10.6 West restroom 99 W Bridge, City of Tualatin RM 11.5 West Carry down trail, parking Tualatin Community Park, City of 1 lane boat ramp, parking, flush RM 8.9 East Tualatin restroom Browns Ferry Park, City of Short term tie-up, parking, flush RM 7.5 East Tualatin restroom
SUPPORT AND USE
FG 1677 Cook Park Page 2 of 5 Item B - Page 52 City of Tigard estimates 5,000 boaters use Cook Park boat ramp currently. 2017 Triennial Survey Data 10,736 Total use days
City of Tigard identified boating activities taking place on the Tualatin River. Green=High use Yellow =Medium use Red=Low use Boating Activities Month Watersports Flat water White water Fishing Cruising Sailing Other (ski/wake) paddling paddling January February March April May June July August September October November December
Boating Use Monthly Totals Equals 100% Open Month Jet Cabin Kite/sail motor Pontoon Sail PWC Drift SUP Raft Kayak Canoe boat Cruiser board boat Jan Feb March 85 15 April 80 20 May 75 25 June 10 70 20 July 10 65 25 Aug 10 65 25 Sept 5 80 15 Oct 85 15 Nov Dec
Public Comment: A total of 3 comments were received from the public for this project. One of the comments supports the need for more ADA accessibility on the river, enabling all abilities. All comments were supportive.
Type of Support Source of Support Tualatin Riverkeepers Letter City of Tigard Advisory Board Letter
APPROACH FG 1677 Cook Park Page 3 of 5 Item B - Page 53
City of Tigard will follow their procurement practices to select a consultant to complete design, engineering, prepare and submit permit applications in coordination with OSMB staff. The City will provide administrative oversite. EXPECTED RESULTS
Permit applications submitted and accepted by regulatory agencies. OBJECTIVES
Prepare and submit regulatory permits for future construction.
USEFUL LIFE
The anticipated permitting work has an anticipated useful life of 5 years.
20-YEAR GRANT HISTORY
Total OSMB State & Biennium Scope All Match Project Federal Funds Cost No active grants
BUDGET NARRATIVE
The budget is developed utilizing statewide and regional unit pricing that OSMB staff have collected and maintained. The City is contributing administrative services for procurement, consultant management and oversight and cash for permit fees and consultant services.
MATCH AND PARTNERS
Source Amount Percentage City-Administrative match $6,500.00 4.3% City-Force account $13,500.00 9% City-Cash match $52,000.00 34.7% OSMB Boating Facility Grant Funds - State $3,900.00 2.6% OSMB Waterway Access Grant Funds – State $74,100.00 49.4%
Match Total $72,000.00 48% OSMB Total $78,000.00 52% Grand Total $150,000.00 100%
FEES
City of Tigard currently does not charge a use fee at Cook Park. The City identifies that they do have a kayak, canoe and SUP rental. The owner does not anticipate modifications to the user fees. City of Tigard currently does not receive Maintenance Assistance Grant (MAG) funding.
TIMELINE
FG 1677 Cook Park Page 4 of 5 Item B - Page 54 Bid opening and Consultant selected August 2021 Permits submitted to regulatory agencies January 2023 Final reimbursement submitted February 2023
STAFF RECOMMENDATION
Design, engineering, and permitting are an essential step to replacing the existing docks and making ADA accessibility improvements. OSMB staff consults with Oregon’s nine federally recognized Tribal Governments on boating facility projects. Based on comments received an archaeological survey and report will need to be completed for the project. In discussion with the City, they may expand the survey area to include other park improvements and obtain quotes for the work. Depending upon the cost the City may request an increase to this grant (for boating portion) or fund the work themselves and ask for preagreement match approval.
Staff recommends the Board authorize Facility Grant 1677 in the amount of $3,900.00 Boating Facility Grant funds and $74,100.00 Waterway Access Grant funds to match $72,000.00 of applicant match as identified in the budget. The total project cost is $150,000.00.
FG 1677 Cook Park Page 5 of 5 Item B - Page 55 Item No. B2 and Grant No. 1678
PROJECT IDENTIFICATION
Applicant Name: Polk County Applicant Contact: Matt Hawkins, Administrative Services Director Project Name: Buena Vista, Boating Facility Improvement Project Evaluation Score: 343
GEOGRAPHIC LOCATION
GPS Location: Latitude:44.768519N; Longitude: -123.147396W Waterbody and mile: Willamette River, river mile 106.5 Location: From Independence, head south on S. Main St, turns into Corvallis Rd for 6.4 miles. Turn left onto Prather Rd. turn left onto Buena Vista Rd, Right onto Willamette Ferry ST. Turn right onto Park St. dead ends at park.
NEED
FG 1678 Buena Vista Page 1 of 7 Item B - Page 56 Buena Vista County Park is the only public boat launch access site on the Willamette River upstream 12 river miles to Albany and downstream 11.5 river miles to Independence Sports Park. The site features include paved parking, vault toilet, and concrete ramp. Photos on the following page illustrate the significant vertical challenges between the benched lower and upper portions of the facility. A second vault toilet is being installed in the lower parking area for accessibility and boater convenience. Angling, waterports and flat water paddling are the primary boating activities at this facility. Angling occurs year around and watersports and paddling peak use is May through October. The permanent closure of the Marion County Buena Vista Ferry ramp and the popularity of Luckiamute State Natural Area have increased boating use at Buena Vista County Park.
Polk County and OSMB staff have been working for a decade to replace the Buena Vista boating facilities. The County has entered into a long-term operation and maintenance agreement for the adjoining property owned by Oregon Department of Fish and Wildlife, obtained all required permits and clearances to construct the improvements.
Previous improvements include expanding upper benched parking, adding a vault toilet, geotechnical boring, archaeological survey and report, property acquisition, and good neighbor fencing The final phase of the boating site improvements include realigning the launch ramp, expanding the lower parking area, realigning the access road adding a vault toilet, boarding docks, nonmotorized boat staging area, sidewalks and stormwater features will improve access, safety and accessibility for recreational boaters.
FG 1678 Buena Vista Page 2 of 7 Item B - Page 57
Nearby Facility River mile-Location Site Attributes FG 1678 Buena Vista Page 3 of 7 Item B - Page 58 1-lane ramp, boarding docks, 24 Approximately 11.5 miles Independence Sports Park boat trailer & 23 single car parking north stalls, vault toilet Luckiamute River, 2 miles Gravel carry down launch, vault Luckiamute Landing south toilet parking Santiam River, 7.5 miles Santiam Rest Area Ramp, parking, flush restroom east 2-lane ramp, boarding docks, 15 Willamette River, river mile Bowman Park boat trailer and 51 single car 118.3 south parking stalls, flush restroom. 1-lane ramp, boarding docks, 10 Willamette River, river mile Takena Landing boat trailer and 12 single car 119.3 south parking stalls, flush restroom. 1-lane ramp, 15 boat trailer and 21 Willamette River, river mile Hyak Park single car parking stalls, flush 122 south restroom
SUPPORT AND USE
Polk County estimates 13,000 boaters use Buena Vista boat ramp currently. 47,557 use days on the Willamette River between 2017 Triennial Survey Data Corvallis and Salem
Polk County identified boating activities taking place on this section of the Willamette River. Green=High use Yellow =Medium use Red=Low use Boating Activities Month Watersports Flat water White water Fishing Cruising Sailing Other (ski/wake) paddling paddling January February March April May June July August September October November December Other:
FG 1678 Buena Vista Page 4 of 7 Item B - Page 59 Boating Use Monthly Totals Equals 100% Open Month Jet Cabin Kite/sail motor Pontoon Sail PWC Drift SUP Raft Kayak Canoe boat Cruiser board boat Jan 70 30 Feb 70 30 March 65 35 April 20 10 5 10 10 40 5 May 10 5 10 15 10 45 5 June 5 5 10 15 10 50 5 July 5 5 10 15 10 50 5 Aug 5 5 10 15 10 50 5 Sept 10 5 10 10 10 45 5 Oct 20 10 5 10 10 40 5 Nov 70 30 Dec 70 30
Public comments: A letter was received from Oregon Department of Fish and Wildlife
Type of Support Source of Support Polk County Sheriff’s Office Letter Polk County Emergency Management Letter State Parks Letter
APPROACH
Polk County will follow their procurement practices to receive bids and select a contractor. The contractor will complete the project as designed by OSMB staff engineers, follow best management practices for working in-water, maintain compliance with environmental regulatory agency permits and follow the Inadvertent Discovery Plan. Polk County will provide equipment and force account labor to offset some of the costs of the project. The County will also provide onsite monitoring and inspection of the contractors work and OSMB staff will conduct periodic progress inspections and a final inspection.
EXPECTED RESULTS
The replacement and realigned boat launch ramp with boarding docks will improve accessibility when loading and unloading boats. Expanding the lower parking area and realigning the access road improves safety for vehicles maneuvering in the park. Installing a second vault toilet on the lower bench improves accessibility to sanitation. Creating a staging area for nonmotorized boaters will help reduce congestion at the launch ramp and reduce conflict at the ramp.
OBJECTIVES
Replace the launch ramp, expand lower parking area, realign access road, install vault toilet and nonmotorized staging area.
FG 1678 Buena Vista Page 5 of 7 Item B - Page 60 USEFUL LIFE
The boating improvements have an anticipated useful life of 25 years based on documented useful life of similar construction in Oregon.
20-YEAR GRANT HISTORY
Total OSMB State & Biennium Scope All Match Project Federal Funds Cost Vault toilet, 10 boat 13-15 trailer stalls, 9 single $126,021.23-BFG $46,572.33-County $172,593.56 car stalls 13-15 Sealcoat lower parking $7,740.07-BFG $2,529.00-County $10,269.07 Remove old vault 15-17 $3,750.00-BFG $1,063.30-County $4,813.30 toilets and trees 15-17 Property Acquisition $58,131.56-BFG $174,394.69-ODFW $232,526.25 Consultant for permit 17-19 $7,183.99-BFG $7,183.98-County $14,367.97 application 17-19 Good Neighbor Fence $7,555.00-BFG $500.00-County $8,055.00 Archaeologic Survey 19-21 $22,331.37-BFG $10,000.00-County $32,331.37 and Report
BUDGET NARRATIVE
The budget is developed utilizing statewide and regional unit pricing that OSMB staff have collected and maintained. Polk County is providing labor and equipment to assist with some earth work for the project. In addition to onsite inspection, monitoring and managing the contractor the County will provide administrative oversight and consult with OSMB staff during the project. Oregon Department of Fish and Wildlife has committed federal Sport Fish Restoration funding from U.S. Fish and Wildlife Service for this project. If approved the County will enter into two grant agreements one with OSMB and one with ODFW.
MATCH AND PARTNERS
Source Amount Percentage County-Administrative match $51,434.00 3% County-Force Account labor and equipment match $40,000.00 2% ODFW Sport Fish Restoration-Federal $1,200,000.00 71% OSMB Boating Facility Grant Funds - State $350,000.00 21% OSMB Waterway Access Grant Funds – State $50,000.00 3%
Match Total 1,291,434.00 76% OSMB Total $400,000.00 24% Grand Total $1,691,434.00 100%
FEES
Polk County currently does not charge a fee at Buena Vista Park. The owner does not anticipate modifications to user fees. Polk County currently receives $3,150 in Maintenance Assistance Grant (MAG) funding which they match with a minimum of $2,100 in resources.
FG 1678 Buena Vista Page 6 of 7 Item B - Page 61 TIMELINE
Construction solicitation January 2022 Bid opening and contract awarded March 2022 Contractor mobilizes equipment and materials onsite May 2022 In-water Work Period June 1 – October 15 Project completed November 2022
STAFF RECOMMENDATION
Polk County continues to be a dedicated partner on the overall Buena Vista boating improvement projects. Over the last 10 years they have made investments of time, resources and funding.
When the boating facility improvement project is completed, the estimated total value including technical assistance, permitting, consultant services and property acquisition is $2,226,390. The County and Oregon Department of Fish and Wildlife matching resources are estimated to contribute 69% toward the overall boating improvements.
Staff recommends the Board authorize Facility Grant 1678 in the amount of $350,000.00 in Boating Facility Grant funds, $50,000.00 in Waterway Access Grant funds to match $1,291,434.00 of cash, equipment, labor, materials and administrative match for a total project cost of $1,691,434.00.
FG 1678 Buena Vista Page 7 of 7 Item B - Page 62 Item No. B2 and Grant No. 1679
PROJECT IDENTIFICATION
Applicant Name: Port of Columbia County Applicant Contact: Miriam House, Property and Operations Manager Project Name: Scappoose Bay Marina, Consultant Services for Design and Engineering, and Upland ADA Modification Evaluation Score: 294
GEOGRAPHIC LOCATION
GPS Location: Latitude:45.8277N; Longitude: - 122.8378W Waterbody and mile: Scappoose Bay on the Columbia River, river mile 85 Location: Hwy 30 heading west from Portland. Right on Bennett Rd, left on Old Portland Rd., approximately ½ mile to Marine Park on the right.
FG 1679 Scappoose Bay Marina Page 1 of 7 Item B - Page 63
NEED
Scappoose Bay Marine Park is a very popular location for angling, cruising, sailing and flat-water paddling. The facility amenities include a three-lane launch ramp, flush restroom, boarding docks, short term tie-up docks, asphalt parking, campground, boat houses, floating homes, gazebo and picnic area, nature walking trails, paddling center and nonmotorized dock.
About 25 years ago the boat basin was reconfigured including moving and expanding the boat ramp and parking. At that time there was no indication that nonmotorized boating would increase in popularity to the conditions observed today. Over the years the Port has tried to improve nonmotorized boat launching while not adding to the congestion at the boat ramp or the confluence with the marina slips, end of the boat ramp, short term-tie-up dock and boating fairway.
The Port recently conducted a survey of users and found that nearly 45% of respondents indicated they are nonmotorized boaters, 49% motorized boaters and 6% other marina user. It was not surprising that conflict and congestion between users exist near and around the boat ramp and fairway. The differences in how each user group launches and retrieves was also illustrated in the survey responses.
To create a better user experience for all boaters the Port has identified the need to formalize a ready area for nonmotorized users, unloading zone away from the launch area, expanded sidewalks, wider gangway and nonmotorized docks, and ADA accessibility improvements. This should help separate the user groups with nonmotorized boating activities occurring mostly on the south side. The project will also include replacing the lower portion of the boat ramp.
FG 1679 Scappoose Bay Marina Page 2 of 7 Item B - Page 64
Nearby Facility River mile- Site Attributes Location St. Helens Marina-Private RM 86 NE Sand Island Marine Park, North and RM 86 NE Short term tie-ups, composting South, City of St. Helens toilets Courthouse Docks, City of St. Helens RM 87 NE Short term tie-up, flush restroom, parking, pumpout/dump station
SUPPORT AND USE
Port of Columbia County estimates 38,170 boaters use Scappoose Bay boat ramp currently. 2017 Triennial Survey Data Use days Total – 18,614
The Port identified boating activities taking place on Scappoose Bay. Green=High use Yellow =Medium use Red=Low use
FG 1679 Scappoose Bay Marina Page 3 of 7 Item B - Page 65 Boating Activities Month Watersports Flat water White water Fishing Cruising Sailing Other (ski/wake) paddling paddling January February March April May June July August September October November December Other:
Boating Use Monthly Totals Equals 100% Open Month Jet Cabin Kite/sail motor Pontoon Sail PWC Drift SUP Raft Kayak Canoe boat Cruiser board boat Jan 65 10 15 10 Feb 60 10 15 10 5 March 50 15 10 10 15 April 40 15 10 10 25 May 35 10 10 10 35 June 30 5 10 1 10 1 4 35 4 July 30 5 10 1 10 1 4 35 4 Aug 30 5 10 1 10 1 4 35 4 Sept 35 10 10 10 35 4 Oct 50 15 10 10 15 Nov 55 15 15 10 5 Dec 60 15 15 10
Public Comments Received: A total of 10 email comments and one letter from the City of St. Helens were received for this project. All comments were supportive. One email states, “enhancing the overall access (including ADA aspects) would indeed be a great benefit”.
Type of Support Source of Support Columbia County Economic Team Letter S Columbia County Chamber of Commerce Letter Columbia County Board of Commissioners Letter Next Adventure Letter REI Co-Op Letter Scappoose Bay Watershed Council Letter Portland Regional Cooperative Tourism Program Letter Travel Oregon Letter FG 1679 Scappoose Bay Marina Page 4 of 7 Item B - Page 66 Port of Columbia County Advisory Committee Letter City of St. Helens Letter Boaters (2) Email
APPROACH
The Port will follow their procurement practices to obtain a consultant to complete the design, engineering, prepare and submit local, state and federal permit applications. The Port will follow their procurement practices to hire a contractor to complete the upland construction. The Port will monitor the project and coordinate with OSMB staff throughout the process.
EXPECTED RESULTS
Engineering and design completed for both upland and in-water portions of the overall project, permit application prepared and submitted to regulatory agencies. Upland construction completed.
OBJECTIVES
Complete engineering and design, submit permits and complete upland construction.
USEFUL LIFE
The anticipated permitting work has an anticipated useful life of 5 years. The upland facility improvements have a useful life of 20 years based on documented useful life of similar construction and consistent maintenance.
20-YEAR GRANT HISTORY
Total OSMB State & Biennium Scope All Match Project Federal Funds Cost Replace 4-stall flush 0507 $98,327.28-BFG $32,775.75-Port $131,103.03 restroom, add utilities Replace pumpout and $3,562.95-BFG 0709 $4,803.62-Port $19,214.48 dump station $10,847.91-CVA Repair boarding and 1113 short-term tie-up $24,000.00- BFG $22-980.69-Port $46,980.69 docks Add 50 ft to short term 1315 $14,280.00- BFG $48,420.00-Port $62,700.00 tie-up docks $1,338.75- BFG 1315 Add security cameras $3,027.70-Port $4,812.70 $446.25-CVA $150,000.00-SFR 1517 Dredge boat basin $24,911.00- BFG $494,590.06 $319,680.06-Port
BUDGET NARRATIVE
The budget is developed utilizing statewide and regional unit pricing that OSMB staff have collected and maintained. Port of Columbia County acknowledges they will have administrative costs for procurement, inspecting, monitoring and managing the consultant and contractor.
FG 1679 Scappoose Bay Marina Page 5 of 7 Item B - Page 67 MATCH AND PARTNERS Grant Application Budget: As Applied Source Amount Percentage Port-Cash match $300,000.00 35% OSMB Grant Funds $560,000.00 65%
Match Total $300,000.00 35% OSMB Total $560,000.00 65% Grand Total $860,000.00 100% Modified Grant Application Budget Source Amount Percentage Port-Cash match $175,000.00 50% OSMB Waterway Access Grant Funds – State $87,500.00 25% OSMB Boating Facility Grant Funds – State $87,500.00 25%
Match Total $175,000.00 50% OSMB Total $175,000.00 50% Grand Total $350,000.00 100%
FEES
Port of Columbia County currently does charges a $5.00 launch fee and $3.00 day-use fee at Scappoose Bay Marina. The Port does not charge a fee for use of the pumpout or dump station. The owner does not anticipate modifications to the user fees.
Port of Columbia County currently receives $2,225.00 in Maintenance Assistance Grant (MAG) funding and $1,575.00 in Clean Vessel Act (CVA) funding which they match with a minimum of $1,483.33 in resources for state funds and $525.00 in resources for federal CVA funds.
TIMELINE
Consultant authorized to complete design and engineering for permitting July 2021 Permit application prepared January 2022 Permit applications submitted February 2022 Permit responses May 2023 Final reimbursement submitted June 2023
STAFF RECOMMENDATION
Staff is very supportive of this project and the goal to separate different user groups to reduce frustration and improve the overall boater experience. Staff discussed the scope of the project and believe this phase should focus on design, engineering and permitting. There should be some cost savings associated with mobilization and concrete to have the construction combined and it reduces the potential of having to modify upland improvements to meet permitting requirements.
OSMB staff consults with Oregon’s nine federally recognized Tribal Governments on boating facility projects. Based on comments received Staff is recommending the Board condition this grant upon the Port having a monitoring plan developed by a qualified archaeologist and provide a copy of the Monitoring Plan and Inadvertent Discovery Plan (IDP). FG 1679 Scappoose Bay Marina Page 6 of 7 Item B - Page 68
Staff recommends the Board authorize Facility Grant 1679 in the amount of $87,500.00 Boating Facility Grant funds and $87,500.00 Waterway Access Grant funds to match $175,000.00 of applicant match as identified in the budget conditioned upon the monitoring and inadvertent discovery plan being provided. The total project cost is $350,000.00.
FG 1679 Scappoose Bay Marina Page 7 of 7 Item B - Page 69 Item No. B2 and Grant No. 1680
PROJECT IDENTIFICATION
Applicant Name: City of Coos Bay Applicant Contact: Randy Dixon, Operations Administrator Project Name: Empire and Eastside Boating Facilities, Boarding Dock Replacement Evaluation Score: 316
GEOGRAPHIC LOCATION
GPS Location: Empire: Latitude:43.3929N; Longitude: - 124.2802W Eastside: Latitude: 43.3641N; Longitude: -124.2053W Waterbody and mile: Empire: Coos Bay Eastside: Isthmus Slough, river mile .25 Location: Empire: from Hwy 101, head west on Newmark Ave to Empire Blvd. right on Michigan Ave to boat ramp. Eastside: from Hwy 101, go east on Coos River Hwy/Newport Ave. left on Coos River Hwy/ 6th Ave, left on D St which ends at park.
NEED
FG 1680 Empire and Eastside Page 1 of 6 Item B - Page 70 Empire Boating Facility amenities include a two-lane boat ramp, boarding docks, debris deflection boom, 46 boat trailer and 15 single car parking stalls and flush restroom. Eastside Boating Facility amenities include a two-lane boat ramp, boarding docks, 96 boat trailer and 38 single car parking stalls and flush restroom. Both facilities are heavily used by anglers
The Empire Boating Facility docks are 20 years old and the Eastside Boating Facility docks are 15 years old. The docks have exposed floatation because the wood has rotted away, decking areas are soft and hinge connections are rusted and breaking. In 2020 the City identified that eight docks had structural failure and needed to be removed immediately and replaced. Typically, the City would have requested funding assistance from OSMB. However, due to COVID grant funding was postponed until staff could review revenue impacts associated with the pandemic.
Nearby Facility River mile-Location Site Attributes 6-lane boat ramp, flush restroom, Charleston Marina, Port of Coos South 5 miles, boarding docks, 135 boat trailer & Bay Empire 210 single car stalls 1-lane boat ramp, flush restroom, California Boat Ramp, City of North North 3 miles, boarding docks, 22 boat trailer Bend Empire stalls 2-lane boat ramp, flush restroom, Northwest 3 miles, North Spit, BLM boarding docks, 68 boat trailer, 14 Empire single car stalls North .3 miles, Short term tie-up, pumpout/dump City Dock, City of Coos Bay Eastside station
SUPPORT AND USE
FG 1680 Empire and Eastside Page 2 of 6 Item B - Page 71
City of Coos Bay estimates 10,950 boaters use Empire boat ramp and 18,000 boaters user Eastside annually. 2017 Triennial Survey Data Use days on Coos Bay, Total – 40,055
City of Coos Bay identified boating activities taking place on Coos Bay and Isthmus Slough. Green=High use Yellow =Medium use Red=Low use Boating Activities Month Watersports Flat water White water Fishing Cruising Sailing Other (ski/wake) paddling paddling January February March April May June July August September October November December Other:
Boating Use Monthly Totals Equals 100% Open Month Jet Cabin Kite/sail motor Pontoon Sail PWC Drift SUP Raft Kayak Canoe boat Cruiser board boat Jan 20 20 10 10 15 10 15 Feb 20 20 10 10 15 10 15 March 20 20 10 10 15 10 15 April 20 20 10 10 15 10 15 May 25 25 10 10 10 5 5 June 30 30 10 10 10 5 5 July 30 30 10 10 10 5 5 Aug 30 30 10 10 10 5 5 Sept 30 30 10 10 10 5 5 Oct 30 30 10 10 10 5 5 Nov 30 30 10 10 10 5 5 Dec 30 30 10 10 10 5 5
Public Comments Received: A total of six comments were received from the public. All comments were very supportive of replacing the boarding docks at both boating facilities. The comments mention the need for a safer platform for boaters as well as what an asset the facility is to the community for tourism.
Type of Support Source of Support FG 1680 Empire and Eastside Page 3 of 6 Item B - Page 72 Confederated Tribes of Coos, Lower Letter Umpqua, and Siuslaw Indians Coquille Indian Tribe Letter Coos County Letter ODFW Letter State Parks Letter Egyptian Theatre Letter
APPROACH
The City will follow their procurement practices to have the docks fabricated and delivered. City staff will dispose of the old boarding docks and install the new. City staff will provide administrative oversight and consult with OSMB staff during the process.
EXPECTED RESULTS
Stable ADA compliant boarding dock platform for improved safety of boaters when launching and retrieving at Empire and Eastside boat ramps.
OBJECTIVES
Replace boarding docks with ADA compliant docks.
USEFUL LIFE
The boarding docks have an anticipated useful life of 20 years based on documented useful life of similar construction in Oregon.
20-YEAR GRANT HISTORY
Total OSMB State & Biennium Scope All Match Project Federal Funds Cost Empire Replace boarding 9901 $50,031.00-BFG $6,559.00-City $56,590.00 docks, debris boom Replace debris boom, 0507 $85,225.79- BFG $14,687.21-City $99,913.00 2 piling, redrive 3 piles Repair and restripe 0507 $97,022.77- BFG $0.00-City $97,022.77 parking Repair debris boom, 0507 $9,980.00- BFG $7,610.00-City $17,590.00 redrive 1 pile Repair debris boom, 0709 redrive 1 pile, add 1 $28,770.00- BFG $5,000.00-City $33,770.00 pile battered Replace flush 0911 $58,718.59- BFG $16,679.65-City $75,398.24 restroom and utilities 1315 Repair debris boom $2,200.00- BFG $550.00-City $2,750.00 Repair and restripe 1517 $11,844.03- BFG $3,322.50-City $15,166.53 parking
Eastside
FG 1680 Empire and Eastside Page 4 of 6 Item B - Page 73 Replace boarding 0507 $44,527.50- BFG $6,947.50-City $51,475.00 docks Repair existing asphalt $141,323.00-SFR 1113 parking, expand $20,000.00- BFG $312,998.22 $151,675.22-City asphalt parking Repair and restripe 1517 $11,844.03- BFG $3,322.50-City $15,166.53 parking
BUDGET NARRATIVE
The budget is developed utilizing statewide and regional unit pricing that OSMB staff have collected and maintained for dock fabrication. The City is providing labor and equipment to remove and dispose of the existing docks and installation of the new docks. The City will provide administrative oversight and consult with OSMB staff during the process. The City received an Urban Renewal grant to fund the emergency replacement of eight docks at Empire Boating Facility in 2020. The City has identified the cost of the eight docks as preagreement match for the replacement of the remaining docks.
MATCH AND PARTNERS
Grant Application Budget: As Applied Source Amount Percentage City-Administrative match $12,000.00 3% City-Pre-agreement match $134,535.08 32% City-Force Account match $3,239.00 1% OSMB Grant Funds $271,000.00 64%
Match Total $149,774.08 36% OSMB Total $271,000.00 64% Grand Total $420,774.08 100%
Modified Grant Application Budget Source Amount Percentage City-Administrative match $12,000.00 3% City-Pre-agreement match $134,535.08 32% City-Force Account match $3,239.00 1% ODFW-Sport Fish Restoration-Federal $203,250.00 48% OSMB Boating Facility Grant Funds - State $67,750.00 16%
Match Total $353,024.08 84% OSMB Total $67,750.00 16% Grand Total $420,774.08 100%
FEES
City of Coos Bay currently does not charge a fee at Empire or Eastside Boat Ramps. The owner does not anticipate modifications to the user fees. City of Coos Bay currently receives $13,300.00 in Maintenance Assistance Grant (MAG) funding which they match with a minimum of $4,433.33 in resources.
TIMELINE FG 1680 Empire and Eastside Page 5 of 6 Item B - Page 74
Solicit for quotes to fabricate the docks August 2021 Docks delivered and installed January 2022 Project completed February 2022
STAFF RECOMMENDATION
The docks are nearly 15-20 years old and showing signs of failure with exposed floatation, loss of dock freeboard, corroded connections and rot. The City has secured approvals from US Army Corps of Engineers and Oregon Department of State Lands for boarding dock replacement. Docks are highly desired by boaters to facilitate loading and unloading into and out of a boat. Staff agree boarding docks improve the launching and retrieval experience.
Staff recommends the Board authorize Facility Grant 1680 in the amount of $67,750.00 Boating Facility Grant funds to match $353,024.08 of applicant match as identified in the budget. The total project cost is $420,774.08.
FG 1680 Empire and Eastside Page 6 of 6 Item B - Page 75 Item No. B2 and Grant No. 1681
PROJECT IDENTIFICATION
Applicant Name: Oregon Parks and Recreation Department (OPRD) Applicant Contact: John Cowan, Parks Ranger 2 Project Name: Sandy Beach Landing/Schwitter Landing Evaluation Score: 280
GEOGRAPHIC LOCATION
GPS Location: Latitude:45.5828N; Longitude: -122.5142 Waterbody and mile: Columbia River, river mile 114.5 Location: Accessible by boat only. North side of Government Island, down river from Bartlett Landing.
NEED
FG 1681 Sandy Beach Page 1 of 5 Item B - Page 76 Sandy Beach also known as Schwitter Landing short-term tie-up docking system was developed about twelve years ago and the log debris boom was replaced about five years ago with a poly- pipe debris deflection boom. The facility is an extremely popular destination for Columbia River Yachting Association members as well as cruising boaters from other states transiting the Columbia River. There are numerous cruises scheduled each year to Government Island.
This location is subjected to commercial boat and tug/barge traffic which causes very large waves. Recreational cruising boats are typically larger and often between 30 and 60 feet in length on the Columbia River.
Short-term tie-up docking facilities require additional inspections and maintenance in comparison to boarding docks because of the conditions they are often located and the size of boats that use them. We recommend all thru rod connections are inspected and tightened twice a year. Typically, once in the spring before peak boating season starts and once in the fall before winter weather conditions. State Parks inspected the docking facilities after the winter ice storm and discovered some damage but also fatigued connections and hardware.
Nearby Facility River mile-Location Site Attributes
FG 1681 Sandy Beach Page 2 of 5 Item B - Page 77 Bartlett Landing 1.4 miles east Short term tie-up dock, debris boom & composting toilet Chinook Landing 4.5 miles east Concrete ramp, docks, flush restroom, paved parking & pumpout/dump station Commodores Cove 0.4 miles west Dock M. James Gleason 2.5 miles west Concrete ramp, docks, flush restroom, paved parking & pumpout/dump station
SUPPORT AND USE
OPRD estimates 500 boaters have moored overnight at Sandy Beach and thousands use the island. 2017 Triennial Survey Data Use days Total – 232,787 from I-5 to Bonneville
OPRD identified boating activities taking place on the Columbia River. Green=High use Yellow =Medium use Red=Low use Boating Activities Month Watersports Flat water White water Fishing Cruising Sailing Other (ski/wake) paddling paddling January February March April May June July August September October November December Other:
FG 1681 Sandy Beach Page 3 of 5 Item B - Page 78 Boating Use Monthly Totals Equals 100% Open Month Jet Cabin Kite/sail motor Pontoon Sail PWC Drift SUP Raft Kayak Canoe boat Cruiser board boat Jan 55 33 10 2 Feb 55 33 10 2 March 55 33 10 2 April 40 35 20 2 May 10 60 20 3 4 1 June 10 60 20 5 4 1 July 10 60 20 5 4 1 Aug 10 60 20 5 4 1 Sept 40 35 20 5 2 Oct 55 33 10 3 2 Nov 55 33 10 2 Dec 55 33 10 2
Public Comments Received: No comments were received for this project from the public.
Type of Support Source of Support None identified
APPROACH
OPRD will follow their procurement practices to hire a contractor to repair short term tie-up dock and debris boom. OPRD will provide project administration and inspection and will consult with OSMB staff during the construction phase.
EXPECTED RESULTS
Extend the useful life of the short-term tie-up docking structure.
OBJECTIVES
Repair or replace all thru rod connections, replace all thru rod nuts, upgrade connection hardware and repair the debris deflection boom.
USEFUL LIFE
The facility improvements are anticipated to extend the useful life of the structure by 10 years.
20-YEAR GRANT HISTORY
OSMB State & Total Project Biennium Scope All Match Federal Funds Cost $33,061.00-BFG 05-07 Design & Engineering $50,399.25-OPRD $118,460.25 $35,000.00-BIG
FG 1681 Sandy Beach Page 4 of 5 Item B - Page 79 Short term tie-up dock, piling, gangway, $705,771.20-BFG $349,689.86-OPRD 07-09 $2,420,182.06 composting toilets, $1,358,721.00-BIG $6,000.00-CRYA debris boom Debris deflection $1,250.00-BFG 15-17 $129,221.38-OPRD $271,490.15 boom $141,017.87-BIG
BUDGET NARRATIVE
OPRD received a quote from a contractor for the repairs as a base for their budget. OSMB staff have reviewed the budget and they believe the estimate is reasonable for the type and quantity of work proposed.
MATCH AND PARTNERS
Source Amount Percentage OPRD-Administrative match $840.00 0.8% OPRD-Force account match $1,720.00 1.5% OPRD-Cash match $25,000.00 22.2% OSMB Boating Facility Grant Funds - State $2,500.00 2.2% OSMB Boating Infrastructure Grant Funds – Federal $82,500.00 73.3%
Match Total $27,560.00 24.5% OSMB Total $85,000.00 75.5% Grand Total $112,560.00 100%
FEES
OPRD currently does not charge a fee at Sandy Beach. The owner does not anticipate modifications to the user fees. OPRD currently receives $6,250.00 in Maintenance Assistance Grant (MAG) funding which they match with a minimum of $4,166.67 in resources.
TIMELINE
Contractor authorized to order materials August 2021 Contractor mobilizes equipment and materials onsite September 2021 Project completed October 2021
STAFF RECOMMENDATION
Government Island is only accessible by boat. It is a popular destination for cruisers, sailboats and other recreational boaters enjoying the day on the Columbia River. The docking system is twelve years old and needs to be repaired and connection hardware and thru rods upgraded to extend the useful life of the facility.
Staff recommends the Board authorize Facility Grant 1661 in the amount of $2,500.00 Boating Facility Grant funds and $82,500.00 federal Boating Infrastructure Grant funds to match $27,560.00 of applicant match as identified in the budget. The total project cost is $112,560.00.
FG 1681 Sandy Beach Page 5 of 5 Item B - Page 80 Item No. B2 and Grant No. 1682
PROJECT IDENTIFICATION
Applicant Name: U.S. Forest Service, Deschutes National Forest Applicant Contact: Scott McBride, Developed Recreation Team Leader Project Name: Wyeth Park, Ramp Replacement and Repair Access Road and Gravel Parking Project Evaluation Score: 316
GEOGRAPHIC LOCATION
GPS Location: Latitude:43,73709N; Longitude: -121.61768W Waterbody and mile: Deschutes River, river mile 345.3 Location: From Bend, head South on Hwy 97. Turn west on County Road 4300/Pringle Falls Loop. Turn South on Rd 4370 towards Wyeth Campground.
NEED
FG 1682 Wyeth Page 1 of 5 Item B - Page 81 Wyeth Park Campground boat ramp is believed to have been constructed in the early 1970s. The old boat ramp has been patched and repaired over the years. The boat ramp is unsafe, unusable and has failed. The U.S. Forest Service (USFS) has posted warning signs at the upstream access points notifying boaters of the hazardous boat ramp conditions. Boaters have been using the adjacent riverbank to take out and unfortunately the loss of riparian habitat has resulted in some erosion next to the boat ramp.
This boat ramp is a key access point because it is the last take out just above Pringle Falls as noted in the orange circle above. This area of the Deschutes River is popular with anglers looking for German brown trout as well as numerous nonmotorized boating activities such as kayaking, canoeing, and standup paddleboarding.
The existing access road and parking area has potholes and deep ruts making driving on it uncomfortable and at times unsafe. Trailers and small cars are bounced around and can get stuck when muddy. The access road needs to be resurfaced and the parking area should be graded and graveled. USFS previously applied for this project during Cycle 2 for consideration at the April 2020 Board meeting, however due to COVID the grant cycle was delayed until August 2020. Unfortunately, USFS withdrew the application because the project could not be completed within the time remaining in the biennium. OSMB staff encouraged USFS to reapply for Cycle 1 funding of the 2021-23 biennium. USFS anticipates completing the project by the end of 2021.
Nearby Facility River mile-Location Site Attributes Bull Bend Southwest, river mile 220.3 gravel ramp, vault toilet, gravel parking
SUPPORT AND USE
USFS estimates 1,700 boaters use Wyeth Park per year. 2017 Triennial Survey Data Use days-21,261 below Bend
USFS identified boating activities taking place at Wyeth Park boat launch. Green=High use Yellow =Medium use Red=Low use
FG 1682 Wyeth Page 2 of 5 Item B - Page 82 Boating Activities Month Watersports Flat water White water Fishing Cruising Sailing Other (ski/wake) paddling paddling January February March April May June July August September October November December Other:
Boating Use Monthly Totals Equals 100% Open Month Jet Cabin Kite/sail motor Pontoon Sail PWC Drift SUP Raft Kayak Canoe boat Cruiser board boat Jan Feb March April 10 50 40 May 30 15 15 40 June 20 15 25 40 July 5 19 37 33 2 Aug 2 19 40 33 2 Sept 5 20 32 41 2 Oct 10 50 40 Nov Dec
Although no public comments were received for this application, the previously submitted August 2020 application received seven comments from the public that were all very supportive of the project noting that the current ramp is unsafe. The previous comments have been provided as supplemental information to the application.
Type of Support Source of Support Sunriver Anglers Letter LaPine Chamber of Commerce Letter Wild River Letter Bend Paddle Trail Letter
APPROACH
FG 1682 Wyeth Page 3 of 5 Item B - Page 83 The USFS will follow their procurement process to hire a contractor to replace the boat ramp, resurface the roadway and parking area. Once the ramp, road and parking portions are completed USFS will utilize volunteers to restore and stabilize the bank line. The USFS will monitor the project and consult with OSMB staff during the process.
EXPECTED RESULTS
Replacing the boat ramp restores launching and retrieval at this public access facility. Resurfacing the access road, grading and graveling the parking area enhances boater’s ability to maneuver and park by not getting stuck or bounced around.
OBJECTIVES
Replace boat ramp, resurface the access road, grade and gravel the parking area, restore and stabilize the bank line and replace the sign kiosk near the boat ramp.
USEFUL LIFE
The boating improvements have an anticipated useful life of 20 years based on documented useful life of similar construction in Oregon.
20-YEAR GRANT HISTORY
Total OSMB State & Biennium Scope All Match Project Federal Funds Cost No active grants
BUDGET NARRATIVE
The USFS developed the budget utilizing regional unit pricing. OSMB staff have reviewed the budget and believe the estimate is reasonable for the type and quantity of work proposed. USFS acknowledges they will have administrative costs for procurement, inspecting, monitoring and managing the proposed project.
USFS has identified that the roadway is being prorated for use between the small campground and boat ramp and that all work for the campground is not included as part of this proposal. USFS has completed permitting, survey, design, and engineering to replace the boat ramp, resurface the access road, grade and gravel the parking area and replace the sign kiosk by the boat ramp.
Oregon Department of Fish and Wildlife has identified they have received the Restoration and Enhancement fund application and will be recommending funding for the project.
MATCH AND PARTNERS
FG 1682 Wyeth Page 4 of 5 Item B - Page 84 Source Amount Percentage USFS-Administrative match $5,765.00 3.8% USFS-Force account match $31,198.00 20.7% USFS-Cash match $13,339.00 8.8% ODFW-Restoration & Enhancement Fund $25,166.00 16.7% OSMB Boating Facility Grant Funds - State $22,640.04 15% OSMB Waterway Access Grant Funds – State $52,827.96 35%
Match Total $75,468.00 50% OSMB Total $75,468.00 50% Grand Total $150,936.00 100%
FEES
USFS currently does not charge a fee at Wyeth boat launch. The owner does not anticipate modifications to the user fees.
TIMELINE
Contractor selected September-October 2021 Construction October-November 2021 Project completed November 2021 Final reimbursement submitted December 2021
STAFF RECOMMENDATION
The failed boat ramp is approximately 50 years old and can no longer be patched or repaired. The ramp must be replaced. Wyeth boat ramp is a very important take-out location above Pringle Falls which is rated as a class IV rapids. USFS has received all permit approvals and is ready to complete the work this fall.
OSMB staff consults with Oregon’s nine federally recognized Tribal Governments on boating facility projects. Based on comments received Staff is recommending the Board condition this grant upon the USFS having onsite monitoring during ground disturbance activities and provide a copy of the Inadvertent Discovery Plan (IDP) that will be provided to the contractor.
Staff recommends the Board authorize Facility Grant 1682 in the amount of $22,640.04 Boating Facility Grant funds and $52,827.96 Waterway Access Grant funds to match $75,468.00 of applicant match as identified in the budget conditioned upon onsite monitoring during ground disturbance activities occurring and a copy of the IDP be provided. The total project cost is $150,936.00.
FG 1682 Wyeth Page 5 of 5 Item B - Page 85 Item No. B2 and Grant No. 1683
PROJECT IDENTIFICATION
Applicant Name: Tualatin Riverkeepers Applicant Contact: Jan Wilson, Executive Director Project Name: Tualatin River Equitable Public Access Evaluation Score: 330
GEOGRAPHIC LOCATION
GPS Location: Latitude:45.374N; Longitude: -122.69687W (river mile 5) Waterbody and mile: Tualatin River, river mile 5 to 40 Location: Clackamas and Washington Counties
NEED
The Tualatin River is a tributary of the Willamette River and is approximately 83 miles long. It begins in the Tillamook State Forest in Washington County and flows to West Linn, in Clackamas County. On October 20, 2020, the U.S. Department of Interior designated a 38.5-mile (Hillsboro to the confluence with the Willamette River) section of the river as a National Trail. The U.S. Army Corps of Engineers has identified that 56.8 miles are navigable from the mouth of Gales Creek (Forest Grove) to the confluence with the Willamette River. However, there is no public access upstream of Rood Bridge river mile 38.5 which is more than 18 river miles.
The Tualatin River for the most part is a calm, lazy and sluggish river that is very conducive for nonmotorized boating use. There is an area downstream of the Lake Oswego low head dam and another between Fields Bridge and Bernert Landing that at certain water elevations can be a class 2 rapid section. The most significant limitations to nonmotorized boating use are the lack of public access, level of access site development and accessibility. Although motorized boating use is not prohibited by rule the estimated amount of motorized use is five percent of the boating activity. There is a rule prohibiting towed watersports and personal watercraft use.
Nearly 20 percent of the watershed population identify as Hispanic or LatinX but only one public access site has any significant multi-lingual signage. The Tualatin Riverkeepers (TRK) recognize these challenges and have identified a unique approach to address Equitable Access on the Tualatin River. SUPPORT AND USE
FG 1683 Tualatin Riverkeepers Page 1 of 4 Item B - Page 86 Tualatin Riverkeepers estimates 1,000 boaters use Tualatin River yearly. 2017 Triennial Survey Data Use days-10,736
Tualatin Riverkeepers identified boating activities taking place on the Tualatin River. Green=High use Yellow =Medium use Red=Low use Boating Activities Month Watersports Flat water White water Fishing Cruising Sailing Other (ski/wake) paddling paddling January February March April May June July August September October November December Other:
Boating Use Monthly Totals Equals 100% Open Month Jet Cabin Kite/sail motor Pontoon Sail PWC Drift SUP Raft Kayak Canoe boat Cruiser board boat Jan 50 50 Feb 50 50 March 50 50 April 50 50 May 50 50 June 20 40 40 July 20 40 40 Aug 20 40 40 Sept 50 50 Oct 50 50 Nov 50 50 Dec 50 50
Public Comment: A total of four emails were received from the public for this project. All were very supportive of the project noting increased awareness of the river and need for good access.
Type of Support Source of Support The Intertwine Alliance Letter FG 1683 Tualatin Riverkeepers Page 2 of 4 Item B - Page 87 VIVE Northwest Letter Washington County Parks Letter City of Tigard Letter City of Hillsboro Letter Boater Letter Clean Water Services Letter
APPROACH
TRK will hold a series of events bringing community members, government officials and other stakeholders together to learn and experience the challenges around public access to the river. TRK will be working to expand engagement and participation at these events by the Hispanic or LatinX communities through partnerships with Central Cultural de Washington County and Vive NW. In addition to participation by people with mobility challenges by working with Adventures Without Limits. This will be very challenging because the majority of locations have barriers.
EXPECTED RESULTS
Elevate awareness and need for public boating access on the Tualatin River for all.
OBJECTIVES
Community members, existing and future facility owners and other stakeholders will identify and make public recreational boating access a priority for repairs, replacement, accessibility, new site development, and diversity.
USEFUL LIFE
The anticipated work has an anticipated useful life of 5 years.
20-YEAR GRANT HISTORY
OSMB State & Total Project Biennium Scope All Match Federal Funds Cost No active grants
BUDGET NARRATIVE
TRK is providing staff time and resources to organize and facilitate the events. In addition, TRK will provide equipment to include watercraft, paddles, life jackets and associated gear for on-water experience. OSMB staff have reviewed the budget and believe it is reasonable for this 56.8-mile- long section of the river in comparison to a consultant based public access and outreach campaign.
MATCH AND PARTNERS
FG 1683 Tualatin Riverkeepers Page 3 of 4 Item B - Page 88 Source Amount Percentage TRK-Administrative match $11,000.00 15% TRK-Force account match $13,000.00 18% Community Donations-Cash match $9,000.00 12% OSMB Waterway Access Grant Funds $40,000.00 55%
Match Total $33,000.00 45% OSMB Total $40,000.00 55% Grand Total $73,000.00 100%
FEES
TRK would not charge a fee for the educational events.
TIMELINE
Agreement Executed August 2021 Public outreach begins September 2021 Ongoing collaboration with OSMB September 2021- June 2022 Project completed June 2022 Final reimbursement submitted July 2022
STAFF RECOMMENDATION
OSMB staff have been in conversation with facility owners along the Tualatin River and with Tualatin Riverkeepers for more than a decade even writing letters of support for other grant programs to support funding access improvements. TRK included many photos of access sites and potential access sites in Tigard, Hillsboro, Cornelius, and King City. OSMB has included supplemental information on the status of existing access, please note some of these locations are not promoted on the agency interactive access map because of safety concerns such as Scholls Bridge or capacity such as Stark ramp.
Staff supports this approach for community, grass-roots level engagement and diversity for a holistic approach to recreational nonmotorized boating access on the Tualatin River. This effort will provide information and support to existing and future boating facility providers to understand the importance of access connection on a river trail and diverse community benefits.
Staff recommends the Board authorize Facility Grant 1683 in the amount of $40,000.00 Waterway Access Grant funds to match $33,000.00 of applicant match as identified in the budget. The total project cost is $73,000.00. This grant recommendation is contingent upon acknowledging funding source and program on printed or produced materials.
FG 1683 Tualatin Riverkeepers Page 4 of 4 Item B - Page 89 Item No. B2 and Grant No. 1684
PROJECT IDENTIFICATION
Applicant Name: Marion County Applicant Contact: Thomas Kissinger, Program Supervisor Project Name: Butteville Landing Evaluation Score: 289
GEOGRAPHIC LOCATION
GPS Location: Latitude:45.2626N; Longitude: - 122.84369W Waterbody and mile: Willamette River, river mile 42.9 Location: from I-5 exit 278 Donald/Aurora. West on Ehlen Rd NE. North on Butteville Rd NE. Left on Butte St NE. Landing at end of road.
NEED
FG 1684 Butteville Landing Page 1 of 5 Item B - Page 90
In 2016 Marion County partnered with Friends of Historic Butteville (FOHB) to restore the historic ferry landing and provide safe recreational boating access to the river. Currently there is a path, wide enough for an ambulance to get to the ordinary high-water mark. There are also picnic tables and an open grassy area that serves as a nonmotorized boat staging area.
FOHB contacted staff in 2017 to discuss the vision for the facility and provided opportunities for us to comment on design concepts, maintenance and operation of the potential facilities and to support their application to State Parks and Recreation for Recreational Trail Program funding.
This location would restore public waterway access to the historic ferry landing, provide the only no fee access to the Willamette River between Rogers Landing and Boones Ferry boating facilities and complements other access points identified in the Willamette River Water Trail.
Nearby Facility River mile-Location Site Attributes Short term tie-up, flush restroom, Champoeg State Park 2.2 river miles West parking 2-lane boat ramp, boarding docks, portable toilet, single and boat Boones Ferry Boat Launch 3.2 river miles East trailer parking, pumpout and dump station Short term tie-up, flush restroom, Wilsonville Memorial Park 4 river miles East parking 3-lane boat ramp, boarding and Rogers Landing 6 river miles West short-term tie-up docks, flush toilet, single and boat trailer parking
SUPPORT AND USE
Marion County estimates 3,195 boaters will use Butteville Landing annually. 2017 Triennial Survey Data Use days 83,000 in the Newberg Pool
Marion County identified boating activities taking place on the Willamette River near Butteville Landing. Green=High use Yellow =Medium use Red=Low use
FG 1684 Butteville Landing Page 2 of 5 Item B - Page 91 Boating Activities Month Watersports Flat water White water Fishing Cruising Sailing Other (ski/wake) paddling paddling January February March April May June July August September October November December
Boating Use Monthly Totals Equals 100% Open Month Jet Cabin Kite/sail motor Pontoon Sail PWC Drift SUP Raft Kayak Canoe boat Cruiser board boat Jan Feb March April 10 60 30 May 10 60 30 June 10 60 30 July 10 60 30 Aug 10 60 30 Sept 10 60 30 Oct 10 60 30 Nov Dec
Public Comment: A total of 12 comments were received from the public. All of the comments were supportive of completing the final phase of developing nonmotorized boating access.
Type of Support Source of Support OPRD Letter Butteville Community Church Letter Willamette Riverkeeper Letter Travel Salem Letter Marion County Public Works? Letter Community members Survey
APPROACH
FG 1684 Butteville Landing Page 3 of 5 Item B - Page 92 Marion County has hired a contractor to fabricate the docks and have the piling and gangway installed. The County will provide administrative oversight and consult with OSMB staff during the process.
EXPECTED RESULTS
Create a new nonmotorized boating access site on the Willamette River.
OBJECTIVES
Install piling, nonmotorized boating docking system and piling to create new access site.
USEFUL LIFE
The boating improvements have an anticipated useful life of 20 years based on documented useful life of similar construction in Oregon.
20-YEAR GRANT HISTORY
Total OSMB State & Biennium Scope All Match Project Federal Funds Cost No active grants
BUDGET NARRATIVE
Marion County developed the budget utilizing contractor cost estimate. OSMB staff have reviewed the budget and believe the estimate is reasonable for the type of work proposed. Marion County acknowledges they will have administrative costs for procurement, inspecting, monitoring and managing the proposed project.
MATCH AND PARTNERS
Source Amount Percentage County-Administrative match $0.00 0% County-Cash match $0.00 0% State Parks, Recreational Trails Program-Cash match $81,544.00 65% Darci & Charlie Swindells Family Fund-Cash match $5,000.00 4% Siletz Tribal Charitable Fund-Cash match $5,000.00 4% Friends of Historic Butteville $9,627.00 8% OSMB Waterway Access Grant Funds-Cash match $24,000.00 19%
Match Total $101,171.00 81% OSMB Total $24,000.00 19% Grand Total $125,171.00 100%
FEES
FG 1684 Butteville Landing Page 4 of 5 Item B - Page 93 Marion County currently does not charge a fee at Butteville Landing. The owner does not anticipate modifications to the user fees. Marion County currently does not participate in the Maintenance Assistance Grant (MAG) program.
TIMELINE
Materials fabricated and delivered August-September 2021 Contractor mobilizes equipment and materials onsite September 2021 In-water Work Period July 15 – September 15 Project completed November 2021
STAFF RECOMMENDATION
Marion County and FOHB are dedicated to this project and creating a new nonmotorized boating access site on the Willamette River. This would also be the only no-fee site between Rogers Landing and Boones Ferry about ten river miles. Marion County and FOHB have received all required permits for this request and are ready to complete the final phase of construction for this new nonmotorized boating access site.
The application identifies the potential for small motorized boats to use the docking facility however staff believes the amount use would be very low to incidental based on the design and high use by nonmotorized boaters which is why staff is recommending Waterway Access Grant funds for this application.
Staff recommends the Board authorize Facility Grant 1684 in the amount of $24,000.00 Waterway Access Grant funds to match $101,171.00 of applicant match as identified in the budget. The total project cost is $125,171.00.
FG 1684 Butteville Landing Page 5 of 5 Item B - Page 94 Item No. B2 and Grant No. 1686
PROJECT IDENTIFICATION
Applicant Name: Lane County Public Works, Parks Division Applicant Contact: Brett Henry, Park Division Manager Project Name: Howard Buford Recreation Area, Boater Access Evaluation Score: 291
GEOGRAPHIC LOCATION
GPS Location: Latitude:44.008181N; Longitude: - 122.9817491W Waterbody and mile: Willamette River, Coast Fork, river mile 2 Location: From I-5 take Exit 189. Head east on Franklin Blvd. Left on Seavey Loop Rd. Approximately 1.5 miles cross bridge, follow the right fork of the road to Arboretum parking area.
Item B - Page 95 FG 1686 Howard Buford Page 1 of 5
NEED
Howard Buford Recreation Area (HBRA) is a 2,300-acre recreation area in Lane County that borders the Willamette River Coast Fork. The park amenities include hiking trails, a 118-acre Arboretum, picnicking, equestrian trails, play fields, native plant nursery and restrooms. There is no official water access which has led to numerous user created trails and riparian habitat damage. A make-shift small boat access is under the bridge however that is at the intersection of three roads with no parking and is unsafe.
In August 2020 staff met onsite with twelve interested parties including Lane County Parks, Friends of Mt. Pisgah, Arboretum manager, kayakers and others interested in public waterway access. We evaluated approximately 12 user made locations and narrowed it to the two most feasible locations based on topography, waterway conditions, proximity to parking and permitting considerations.
Formalizing nonmotorized boating access at HBRA would increase accessibility to this underutilized section of the river and could help disperse use on the mainstem Willamette River.
Nearby Facility River mile-Location Site Attributes Diley Landing River mile 6.5 south 1-lane ramp, gravel parking
Item B - Page 96 FG 1686 Howard Buford Page 2 of 5 SUPPORT AND USE
Lane County estimates are unknow for boaters to use Howard Buford boat ramp. 2017 Triennial Survey Data 86 use days on the Willamette River Coast Fork
Lane County identified boating activities taking place on the Willamette River Coast Fork. Green=High use Yellow =Medium use Red=Low use Boating Activities Month Watersports Flat water White water Fishing Cruising Sailing Other (ski/wake) paddling paddling January February March April May June July August September October November December Other:
Boating Use Monthly Totals Equals 100% Open Month Jet Cabin Kite/sail motor Pontoon Sail PWC Drift SUP Raft Kayak Canoe boat Cruiser board boat Jan Feb March 2 50 48 April 5 60 35 May 5 5 5 40 35 June 5 15 20 25 35 July 5 15 25 25 30 Aug 10 15 25 25 30 Sept 10 10 25 30 30 Oct 2 8 20 35 35 Nov 2 5 13 40 40 Dec
Public comment: No comments were received from the public for this project.
Type of Support Source of Support Boater Letter
Item B - Page 97 FG 1686 Howard Buford Page 3 of 5 APPROACH
Lane County will follow their procurement practices to select a consultant to complete the public outreach, conceptual design development, prepare and submit permit applications. The County will provide administrative oversight and consult with OSMB throughout the process.
EXPECTED RESULTS
Develop a user inspired and desired nonmotorized boating design concept and submit permits for future development.
OBJECTIVES
To complete the framework for creating a new non-motorized access point on the Willamette River, Coastal Fork within the Howard Buford Recreation Area.
USEFUL LIFE
The anticipated permitting work has an anticipated useful life of 5 years.
20-YEAR GRANT HISTORY
Total OSMB State & Biennium Scope All Match Project Federal Funds Cost No active grants
BUDGET NARRATIVE
The budget is developed utilizing statewide and regional unit pricing that OSMB staff have collected and maintained. The County is contributing administrative services for procurement, consultant management and oversight and cash for consultant services.
MATCH AND PARTNERS
Source Amount Percentage County-Administrative match $6,048.00 6% County-Force account match $1,500.00 2% County-Cash match $22,000.00 23% OSMB Waterway Access Grant Funds – State $66,000.00 69%
Match Total $29,548.00 31% OSMB Total $66,000.00 69% Grand Total $95,548.00 100%
FEES
Lane County currently does charge a $5.00 parking fee at Howard Buford Recreation Area. The owner does not anticipate modifications to the user fees. Lane County currently does not receive Maintenance Assistance Grant (MAG) funding for this site.
Item B - Page 98 FG 1686 Howard Buford Page 4 of 5 TIMELINE
Bid opening and Consultant selected August 2021 Permits submitted to regulatory agencies June 2022 Final reimbursement submitted March 2023
STAFF RECOMMENDATION
Design, engineering, and permitting are an essential step to create a designated accessible nonmotorized boating access site. OSMB staff consult with Oregon’s nine federally recognized Tribal Governments on boating facility projects. Based on comments received an archaeological survey and report will need to be completed for the project.
Staff recommends the Board authorize Facility Grant 1686 in the amount of $66,000.00 Waterway Access Grant funds to match $29,548.00 of applicant match as identified in the budget. The total project cost is $95,548.00.
Item B - Page 99 FG 1686 Howard Buford Page 5 of 5 Item No. B2 and Grant No. 1687
PROJECT IDENTIFICATION
Applicant Name: Oregon State Parks and Recreation Applicant Contact: Scott Youngblood, Park Manager Project Name: Luckiamute State Natural Area Evaluation Score: 284
GEOGRAPHIC LOCATION
GPS Location: Latitude:44.734391N; Longitude: - 123.164015W Waterbody and mile: Luckiamute River, river mile 2.5 Location: From Corvallis, go North on OR-99W N/Pacific Hwy W, right on Camp Adair Rd. Left on NW Independence Hwy. Right on NW Springhill Dr. Left on NW Buena Vista Rd for 1.6 miles.
NEED
FG 1687 Luckiamute Page 1 of 6 Item B - Page 100
The Luckiamute State Natural Area-Paddle Access is a put-in/take out for paddlers exploring the Luckiamute River or Willamette River. Site amenities include a vault toilet, gravel parking, picnic area and a very primitive carry- down cut into the bank.
The access is steep and during summer water levels the vertical drop can be extremely challenging for people to launch or retrieve their boat. Over time these difficult conditions have resulted in users carving makeshift steps into the banks causing damage and other issues during different water elevations.
OSMB Staff met onsite with State Parks and Recreation (OPRD) staff and Department of Fish and Wildlife Salmon Trout Enhancement Program staff in December 2020 to look at existing conditions and discuss ideas on how to make accessible nonmotorized boating access. The adjacent photos help to illustrate the steepness of the access trail. Staff also noted, it would be challenging to carry a canoe or kayak on the narrow trail and around some of the vegetation to get to the water.
During the site visit discussions, we focused on two areas that appeared to have the best topographic characteristics to create accessible access and allow seasonal installation and removal of a dock. The complexity of the design development and addressing permitting needs will take more staff resources than OPRD or we have available. Staff anticipates this design concept could become a template for other similar applications.
FG 1687 Luckiamute Page 2 of 6 Item B - Page 101
Nearby Facility River mile-Location Site Attributes Buena Vista County Park Willamette River, river mile 1-lane ramp, parking, vault toilet 106.5
SUPPORT AND USE
OPRD estimates 1,600 boaters are on the Luckiamute River annually with 20 boat-in camping nights. 2017 Triennial Survey Data 1,513 Use days on the Luckiamute River
OPRD identified boating activities taking place on Luckiamute River. Green=High use Yellow =Medium use Red=Low use
FG 1687 Luckiamute Page 3 of 6 Item B - Page 102 Boating Activities Month Watersports Flat water White water Fishing Cruising Sailing Other (ski/wake) paddling paddling January February March April May June July August September October November December Other: inner tubing and floating
Boating Use Monthly Totals Equals 100% Open Month Jet Cabin Kite/sail motor Pontoon Sail PWC Drift SUP Raft Kayak Canoe boat Cruiser board boat Jan 70 30 Feb 70 30 March 70 30 April 20 50 30 May 25 45 30 June 45 45 10 July 45 45 10 Aug 45 45 10 Sept 40 40 20 Oct 20 40 40 Nov 70 30 Dec 70 30
Public comments: No public comments were received for this grant application.
Type of Support Source of Support City of Independence Letter Willamette Riverkeepers Letter ODFW Letter
APPROACH
OPRD will follow their procurement practices to select a consultant to complete design, engineering, prepare and submit permit applications in coordination with OSMB Staff. OPRD will provide administrative oversight.
FG 1687 Luckiamute Page 4 of 6 Item B - Page 103 EXPECTED RESULTS
To complete and submit all required regulatory permit applications and associated consultations in order to complete the final design.
OBJECTIVES
To complete design and engineering and submit permit applications to create accessible nonmotorized boating access site.
USEFUL LIFE
The anticipated work has an anticipated useful life of 5 years.
20-YEAR GRANT HISTORY
Total OSMB State & Biennium Scope All Match Project Federal Funds Cost No active grants
BUDGET NARRATIVE
The budget is developed utilizing statewide and regional unit pricing from OPRD in consultation with OSMB staff.
MATCH AND PARTNERS
Source Amount Percentage OPRD-Administrative match $5,000.00 6.3% OPRD-Cash match $18,750.00 23.4% OSMB Waterway Access Grant Funds – State $56,250.00 70.3%
Match Total $23,750.00 29.7% OSMB Total $56,250.00 70.3% Grand Total $80,000.00 100%
FEES
OPRD currently does not charge a fee at Luckiamute State Natural Area. The owner does not anticipate modifications to the user fees. OPRD currently does not receive Maintenance Assistance Grant (MAG) funding for this site.
TIMELINE
Consultant selected October 2021 Design and engineering concept development September 2022 Permit applications prepared and submitted October 2022 Final reimbursement submitted July 2023
FG 1687 Luckiamute Page 5 of 6 Item B - Page 104
STAFF RECOMMENDATION
Design, engineering, and permitting are an essential step to create a designated accessible nonmotorized boating access site. OSMB staff consult with Oregon’s nine federally recognized Tribal Governments on boating facility projects. Based on comments received an archaeological survey and report will need to be completed for the project.
Staff recommends the Board authorize Facility Grant 1687 in the amount of $56,250.00 Waterway Access Grant funds to match $23,750.00 of applicant match as identified in the budget. The total project cost is $80,000.00.
FG 1687 Luckiamute Page 6 of 6 Item B - Page 105 Item No. B2 and Grant No. 1688
PROJECT IDENTIFICATION
Applicant Name: City of Grants Pass Applicant Contact: Wendy Giordano, Parks Superintendent Project Name: Baker Park, Asphalt Parking Rehabilitation Project Evaluation Score: 286
GEOGRAPHIC LOCATION
GPS Location: Latitude:42.428953N; Longitude: - 123.319806W Waterbody and mile: Rogue River, river mile 101.8 Location: From I-5, take exit 55, to 199 Redwood Hwy, left at stop. Right on E. Park St. Parkdale Dr is the immediate turn to the right. Park is at end of road.
FG 1688 Baker Park Page 1 of 5 Item B - Page 106
NEED
Baker Park was developed in the mid 1990’s to primarily be a boating facility. Site amenities include a single lane boat ramp, asphalt and flush restroom. It is the only park that is primarily for boaters.
The parking area has not received a major update to the design since it was developed more than 25 years ago. The pavement surface is in poor condition. The surface is crumbling, losing asphalt binder, potholes have been patched and repatched and striping does not want to stick because of the surface. Extruded curbing has broken and separated from the pavement surface in many areas. The design era did not have the same requirements for stormwater treatment and management that are currently required. There are also areas that need to have some accessibility improvements with curb cuts and tactile mats.
Nearby Facility River mile- Site Attributes Location 1 lane boat ramp, vault toilet, Chinook Park 3.4 miles East gravel parking 1 lane boat ramp, flush restroom, Schroeder Park 3.3 miles West 12 boat trailer and 28 single car parking stalls 1 lane boat ramp, vault toilet, 7 Lathrop Boat Landing 3.9 miles West boat trailer and 7 single car parking stalls
SUPPORT AND USE
City of Grants Pass estimates 10,320 launch/retrievals at Baker Park boat ramp yearly. Use days 68,615, Agness to Grants Pass 2017 Triennial Survey Data Use days 36,830 above Grants Pass
City of Grants Pass identified boating activities taking place on the Rogue River near Baker Park. Green=High use Yellow =Medium use Red=Low use
FG 1688 Baker Park Page 2 of 5 Item B - Page 107 Boating Activities Month Watersports Flat water White water Fishing Cruising Sailing Other (ski/wake) paddling paddling January February March April May June July August September October November December Other: Tubing, stand-up paddle board
Boating Use Monthly Totals Equals 100% Open Month Jet Cabin Kite/sail motor Pontoon Sail PWC Drift SUP Raft Kayak Canoe boat Cruiser board boat Jan 50 50 Feb 50 50 March 50 1 44 1 4 April 45 3 41 1 5 5 May 50 3 31 1 10 5 June 2 40 3 39 1 10 5 July 2 40 3 39 1 10 5 Aug 2 40 3 39 1 10 5 Sept 1 40 3 40 1 10 5 Oct 1 46 3 40 1 5 4 Nov 2 56 40 2 Dec 2 56 40 2
Public comment: A total of eight (8) comments were received from the public on this project. One supporter notes that this is the only free access point in Josephine County. All comments are supportive of the project as a needed revitalization to a heavily used boat ramp.
Type of Support Source of Support Cal-Ore River Racers Association Letter Grants Pass Active Club Letter
FG 1688 Baker Park Page 3 of 5 Item B - Page 108 APPROACH
The City of Grants Pass will follow their procurement rules to receive bids and select a contractor. OSMB staff engineers and the City will review and evaluate bids prior to award. The City will coordinate with OSMB, ODFW and others to notify the public of any construction related closures.
EXPECTED RESULTS
Parking improvement providing defined parking and travel lanes. Reduction of maintenance on a heavily used facility.
OBJECTIVES
Repair and overlay the existing parking area, adding stormwater treatment facilities, new curbing and improving accessibility.
USEFUL LIFE
The facility improvements have a useful life of 20 years based on documented useful life of similar construction and consistent maintenance.
20-YEAR GRANT HISTORY
Total OSMB State & Biennium Scope All Match Project Federal Funds Cost No active grants
BUDGET NARRATIVE
The City of Grants Pass Engineering Division created a budget for reference. OSMB staff has reviewed the estimate and find it to be reasonable for the area. The City has committed 26.5 percent to the project.
MATCH AND PARTNERS
Grant Application Budget: As Applied Source Amount Percentage City-Administrative match $8,970.00 4.4% City-Cash match $45,000.00 22.1% OSMB Boating Facility Grant Funds - State $75,000.00 36.8% OSMB Waterway Access Grant Funds – State $75,000.00 36.7%
Match Total $53,970.00 26.5% OSMB Total $150,000.00 73.5% Grand Total $203,970.00 100% FG 1688 Baker Park Page 4 of 5 Item B - Page 109
FEES
City of Grants Pass currently does not charge a fee at Baker Park. The owner does not anticipate modifications to the user fees. City of Grants Pass currently receives $3,450.00 in Maintenance Assistance Grant (MAG) funding which they match with a minimum of $2,300.00 in resources.
TIMELINE
Solicit and award contract September 2021 Project completed December 2021 Final reimbursement December 2021
STAFF RECOMMENDATION
This is a needed project to maintain and extend the useful life of the access site. The continued deterioration of the pavement surface will impact usability and recreational boater enjoyment. This is also the only free boating access site in the Grants Pass area.
OSMB staff consults with Oregon’s nine federally recognized Tribal Governments on boating facility projects. Based on comments received Staff is recommending the Board condition this grant upon the City having a qualified archaeologist examine the parking area when the asphalt, curbing or other hardened surfaces are removed and if it appears there are areas where native soils are intact consult with OSMB staff prior to additional work being completed. The City must provide a copy of the Inadvertent Discovery Plan (IDP) that will be provided to the contractor.
Staff recommends the Board authorize Facility Grant 1688 in the amount of $75,000.00 Boating Facility Grant funds and $75,000.00 Waterway Access Grant funds to match $53,970.00 of applicant match as identified in the budget conditioned upon a qualified archaeologist examining the area once the hardened surfaces are removed and consulting with OSMB staff prior to additional work being completed and provide a copy of the inadvertent discovery plan. The total project cost is $203,970.00.
FG 1688 Baker Park Page 5 of 5 Item B - Page 110 Item No. B2 and Grant No. 1691
PROJECT IDENTIFICATION
Applicant Name: Port of Hood River Applicant Contact: Michael McElwee, Executive Director Project Name: Port of Hood River Marina Boarding Dock and Abutment Replacement Project Evaluation Score: 289
GEOGRAPHIC LOCATION
GPS Location: Latitude:45.712N; Longitude: - 121.502W Waterbody and mile: Columbia River, river mile 169 Location: From I-84 take Exit 64. Turn north on Butler Bridge Rd. Turn left on E. Port Marina Dr.
NEED
FG 1691 Port of Hood River Page 1 of 5 Item B - Page 111 The Hood River Marina has a variety of amenities that includes a two-lane boat ramp, boarding docks, short term tie-up dock, on water marine fuel station, pumpout and dump station, flush restroom, asphalt parking, marina, windsurfing/kiteboarding beach, picnic areas and trails. The location is a popular destination for cruising, sailing, windsurfing, kiteboarding, kayaking, stand up paddle boarding, and angling. The diversity of boating activities and site amenities attracts boaters to area.
This is the last of the 1970s era boating facility on the Columbia River Gorge to have concrete boarding docks. The concrete docks are in poor condition. The docks are tall and unless you have a very long inseam you cannot step onto them from the boat ramp. Instead, you must walk up the boat ramp to get onto the docks. This takes more time when loading, unloading launching and retrieving your boat. The abutments are severely cracked, joints and hinge connections are damaged and significant gaps and lips are barriers for accessibility.
The Port hired a consultant to design the left side of the docks to allow utility connections and smooth transition to the short-term tie-up docks. These docks will be wider than the standard six-feet boarding docks. The Port will use OSMB’s standard design for the right side of the boarding docks.
Nearby Facility River mile-Location Site Attributes 2-lane boat ramp, boarding docks, Mayer State Park River mile 181 East vault toilet, 26 boat trailer parking stalls, overflow parking Bingen Boat Ramp 4 miles Northeast Washington facility
SUPPORT AND USE
Port of Hood River estimates 2,950 boaters use the Hood River Marina ramp and 500 moors overnight per year currently. 232,787 total use days from I-5 Bridge to Bonneville 2017 Triennial Survey Data 45,745 total use days from Bonneville to The Dalles
Port of Hood River identified boating activities taking place at Hood River Marina. Green=High use Yellow =Medium use Red=Low use
FG 1691 Port of Hood River Page 2 of 5 Item B - Page 112 Boating Activities Month Watersports Flat water White water Fishing Cruising Sailing Other (ski/wake) paddling paddling January February March April May June July August September October November December Other:
Boating Use Monthly Totals Equals 100% Open Month Jet Cabin Kite/sail motor Pontoon Sail PWC Drift SUP Raft Kayak Canoe boat Cruiser board boat Jan 83 10 5 1 1 Feb 83 10 5 1 1 March 52 5 20 1 15 5 1 1 April 47 5 20 1 20 5 1 1 May 47 5 20 1 20 5 1 1 June 47 5 20 1 20 5 1 1 July 47 5 20 1 20 5 1 1 Aug 47 5 20 1 20 5 1 1 Sept 47 5 20 1 20 5 1 1 Oct 80 1 10 1 5 1 1 1 Nov 83 10 5 1 1 Dec 83 10 5 1 1
Public comment: A total of three (3) comments were received from the public for this project. All were supportive and expressed a desire to see safer boarding docks installed.
Type of Support Source of Support Marine Patrol Email Hood River Yacht Club Email Washington Department of Fish and Wildlife Letter
APPROACH
The Port will follow their procurement practices to have the docks fabricated and delivered. Port staff will remove and dispose of existing boarding docks and abutments. A contractor will be hired
FG 1691 Port of Hood River Page 3 of 5 Item B - Page 113 to install the abutments and boarding docks. Port staff will provide administrative oversight and consult with OSMB staff during the process.
EXPECTED RESULTS
Improved accessibility with the new boarding docks and improved efficiency when launching and retrieving a boat.
OBJECTIVES
Replace boarding docks and concrete abutments with ADA compliant docks.
USEFUL LIFE
The boarding docks have an anticipated useful life of 20-30 years based on documented useful life of similar construction in Oregon.
20-YEAR GRANT HISTORY
Total OSMB State & Biennium Scope All Match Project Federal Funds Cost Replace pumpout and dump $10,022.50-BFG 09-11 $1,724.00-Port $41,814.00 station $30,067.50-CVA Replace fuel dispenser at fuel 15-17 $6,961.00-BFG $6,961.05-Port $13,922.05 dock Repair short term tie-up dock 17-19 electrical boxes, reduce island $8,425.20-BFG $7,635.77-Port $16,060.97 sizes in parking area
BUDGET NARRATIVE
The budget is developed utilizing statewide and regional unit pricing that OSMB staff have collected and maintained for dock fabrication. The Port has hired a consultant to customize the boarding dock design for the left side of the docks for utilities and smooth transition to the short- term tie-up dock. In addition, the Port is providing labor and equipment to remove and dispose of the existing docks and administrative oversight. The Port will consult with OSMB staff during the process.
MATCH AND PARTNERS
Source Amount Percentage Port-Administrative match $24,696.00 8.4% Port-Force account match $9,250.00 3.1% Port-Cash match $127,646.00 43.4% OSMB Boating Facility Grant Funds - State $132,300.00 45.1%
Match Total $161,592.00 54.9% OSMB Total $132,300.00 45.1% Grand Total $293,892.00 100%
FG 1691 Port of Hood River Page 4 of 5 Item B - Page 114
FEES
Port of Hood River currently does not charge a fee at the Hood River Marina Ramp. The owner does not anticipate modifications to the user fees. Port of Hood River currently receives $6,100.00 in Maintenance Assistance Grant (MAG) and $900 federal Clean Vessel Act (CVA) funding which they match with a minimum of $4,066.67 in state and $300 in federal resources.
TIMELINE
Bid opening and contract awarded October 2021 Fabrication and delivery of boarding docks November 2021-March 2022 Site preparation by Port staff March 2022 Contractor to install abutments and docks April 2022 Project completed May 2022 Final reimbursement submitted June 2022
STAFF RECOMMENDATION
The boarding docks are approximately 50 years old. The docks are in poor condition, with lips, gaps and uneven surface that are barriers to accessibility. The Port will utilize standard boarding dock design for the right side of docks and customize the left for utilities and transition to the short- term tie-up docks.
Staff recommends the Board authorize Facility Grant 1691 in the amount of $132,300.00 Boating Facility Grant funds to match $161,592.00 of applicant match as identified in the budget. The total project cost is $293,892.00.
FG 1691 Port of Hood River Page 5 of 5 Item B - Page 115 Item No. B2 and Grant No. 1696
PROJECT IDENTIFICATION
Applicant Name: Jackson County Park Applicant Contact: Steve Lambert, Parks Program Manager Project Name: Upper Rogue Regional Park aka Shady Cove, Consultant Services Evaluation Score: 286
GEOGRAPHIC LOCATION
GPS Location: Latitude:42.614N; Longitude: -122.813W Waterbody and mile: Rogue River, river mile 146 Location: From I-5, head east on Sams Valley Hwy. North on Hwy 62 to Shady Cove, Turn left on Rogue River Dr., park is on the left.
NEED
FG 1696 Upper Rogue Regional Park Page 1 of 6 Item B - Page 116 Upper Rogue Regional Park also known as Shady Cove is a high use destination for avid anglers and nonmotorized boating enthusiasts. The site has a narrow two-lane ramp, flush restroom, and small amount of paved parking by the boat ramp with the majority of the parking across the road. The facility is used year around for angling and during the summer months there is heavy rafting use. The facility is a popular take out and put in for angling. Angling outfitter guides use the facility but also during the summer months there is heavy use from rafting outfitter guides.
The competition during the summer months for parking and the boat ramp can be intense. The County and OSMB staff have received numerous complaints over the last couple years about the summertime outfitter guide use of the facilities and behaviors including perception they are monopolizing the facility, aggressive behavior, blocking the boat ramp when waiting for their clients and not training clients to minimize stay on the ramp, move equipment to the side to keep the boat ramp open and not hanging out in the parking area or travel lanes. The poor condition of the boat ramp and outdated upland infrastructure are contributing to the boater frustration and conflict.
The County and OSMB staff have been in discussion about replacing the boat ramp and expanding the upland facilities to meet current standards for more than a decade. A high-level concept has been developed that would create an upland ready and staging areas, separation on the boat ramp for trailered boats and nonmotorized rafts/kayaks and water area staging for nonmotorized boats, adequately sized parking spaces, stormwater features and accessibility improvements. Additional specialized work needs to be completed for the design concept to be advanced and moved into the permitting phase. This request is to complete an archaeological survey and report and hydraulic analysis.
FG 1696 Upper Rogue Regional Park Page 2 of 6 Item B - Page 117 Nearby Facility River mile- Site Attributes Location 1-lane ramp, vault toilet, 12 boat Takelma Ramp 3 miles South trailer and 7 single car parking stalls 1-lane ramp, flush restroom, 24 Dodge Bridge Ramp 5 miles South boat trailer and 16 single car parking 1-lane ramp, portable toilet, 20 boat Rogue Elk Ramp 5 miles North trailer stalls
SUPPORT AND USE
Jackson County estimates 4,000 boaters use Upper Rogue Regional Park ramp currently.
36,860 Use days on the Rogue River above Grants 2017 Triennial Survey Data Pass
Jackson County identified boating activities taking place at Upper Rogue Regional Park. Green=High use Yellow =Medium use Red=Low use Boating Activities Month Watersports Flat water White water Fishing Cruising Sailing Other (ski/wake) paddling paddling January February March April May June July August September October November December Other:
FG 1696 Upper Rogue Regional Park Page 3 of 6 Item B - Page 118 Boating Use Monthly Totals Equals 100% Open Month Jet Cabin Kite/sail motor Pontoon Sail PWC Drift SUP Raft Kayak Canoe boat Cruiser board boat Jan 10 90 Feb 10 90 March 10 90 April 10 90 May 10 90 50 June 10 90 50 July 10 90 50 Aug 10 90 30 Sept 10 90 Oct 10 90 Nov 10 90 Dec 10 90
Public comment: No comments were received from the public for this project.
Type of Support Source of Support Shady Cove Mayor and City Council Letter Jackson County Sheriff’s Office Letter
APPROACH
The County will follow their procurement practices to select a consultant to complete archaeological survey and report and hydraulic analysis. The County will provide administrative oversight in consultation with OSMB staff.
EXPECTED RESULTS
The archaeological survey and report and hydraulic analysis will provide key information to advance the conceptual design to the permitting phase.
OBJECTIVES
To complete an archaeological survey and report and hydraulic analysis.
USEFUL LIFE
The anticipated consultation work and surveys has an anticipated useful life of 5 years.
FG 1696 Upper Rogue Regional Park Page 4 of 6 Item B - Page 119 20-YEAR GRANT HISTORY
Total OSMB State & Biennium Scope All Match Project Federal Funds Cost Sealcoat, re-stripe, 15-17 $8,630.00-BFG $3,260.21-County $11,890.21 replace wheel stops
BUDGET NARRATIVE
OSMB has reviewed the budget and believe it is reasonable for the project. The County Parks Department budget is considered an enterprise fund which essentially means they must operate within the revenues they earn. As a result, the County Parks Department was hit especially hard by COVID and the wildfires. It is unusual that the County does not have more than 25 percent match however they were able to secure 22 percent which is significant considering the impact COVID and the wildfires had on the Parks Department. The County is completing all administrative oversight and will coordinate with OSMB staff on consultant solicitation and selection.
MATCH AND PARTNERS
Source Amount Percentage County-Administrative match $2,500.00 2% County-Cash match $20,000.00 20% OSMB Boating Facility Grant Funds - State $40,000.00 39% OSMB Waterway Access Grant Funds – State $40,000.00 39%
Match Total $22,500.00 22% OSMB Total $80,000.00 78% Grand Total $102,500.00 100%
FEES
Jackson County currently charges a $4.00 fee at Upper Rogue Regional Park. The owner does not anticipate modifications to the user fees. Jackson County currently receives $3,180.00 in Maintenance Assistance Grant (MAG) funding which they match with a minimum of $2,120.00 in resources.
TIMELINE
Consultants selected September 2021 Hydraulic Analysis and Archaeological Survey and report completed September 2022 Final reimbursement submitted October 2022
STAFF RECOMMENDATION
Upper Rogue Regional Park boating facilities are outdated and in poor condition which is contributing to boater frustration. The County has been in discussion with OSMB staff about
FG 1696 Upper Rogue Regional Park Page 5 of 6 Item B - Page 120 replacing the boat ramp and updating the upland facilities to address use and activity management.
Hydraulic analysis is an essential step to for the design to move into the permitting phase. OSMB staff consult with Oregon’s nine federally recognized Tribal Governments on boating facility projects. Based on comments received there is support for the archaeological survey and report to be completed for project development.
Staff recommends the Board authorized Facility Grant 1696 in the amount of $40,000.00 Boating Facility Grant and $40,000.00 Waterway Access Grant funds to match $22,500.00 in applicant match as identified in the budget. The total project cost is $102,500.00.
FG 1696 Upper Rogue Regional Park Page 6 of 6 Item B - Page 121 Item C: Maintenance Assistance Grant Procedure Guide
01. The Maintenance Assistance Grant (MAG)program rules were approved by the Board at the April 2021 meeting. The new rules more closely align with other grant programs reduced administrative burden for applicants and staff, and increased program transparency.
02. The Draft Maintenance Assistance Grant Procedure Guide will be used for the 2021-23 biennium. If approved, staff will immediately solicit for applications and work with applicants to get grant agreement signed and executed. The timing is not ideal but staff and existing participants are committed to implementing the new procedures for the 2021-23 biennium.
03. In the future the Board would have an opportunity to review and consider the procedure guide at the October 2022 Board meeting. This would be for the 2023-25 biennium. Below is the anticipated 2023-25 future schedule:
• October 2022 Board meeting: Updated and revised MAG Procedure Guide presented to the Board for consideration. If approved the Guide would be used to implement the 2023-25 MAG Program.
• November 2022-January 2023: Solicit for applications. This is normally a less busy time of year for park and recreation site owners and managers. The timeframe should not impact potential applicants from applying for Cycle 1 Boating Facility or Waterway Access Grants.
• December 2022-February 2023: Staff review will be completed as applications are submitted.
• February-April 2023: Grant agreements are signed and in place.
Staff Recommendation:
Staff is recommending the Board approve the draft MAG procedure guide for use during the 2021-23 biennium.
Item C - Page 1
2021-23 Maintenance Assistance Grant Procedure Guide
June 2021
Item C - Page 2 Table of Contents
Section 1: Grant Programs, History and Purpose 1 1.1 Background 1 1.2 Grant Programs 1 1.3 Eligible applicants 1 1.4 Eligible uses of state grant funds 1 A. Materials and Supplies 1 B. Personnel/Labor 1 C. Outside Contracts 2 D. Program Administration 2 1.5 Ineligible uses of state grant funds 2 1.6 Eligible uses of federal grant funds 2 1.7 Ineligible uses of federal grant funds 2 1.8 Civil Rights requirements 2 1.9 Ownership 3 1.10 Funding availability 3 1.11 State and federal MAG matching fund requirements 3 Section 2: State and Federal MAG Application Procedures 4 2.1 Contents of Application 4 A. Applicant information 4 B. Past participation, site modification or new access 4 C. Maintenance schedule and plan 5 D. Proposed budget 5 E. Signature and certification 5 2.2 Submitting a complete application 6 2.3 Grant workshop and pre-application meeting 6 Section 3: Grant Application Review and Consideration 7 3.1 Initial staff review 7 3.2 Allocation formula 7 A. Base state MAG allocation 7 B. Seasonal state fund adjustment 7 C. Other adjustments 8 D. Use fee adjustment 8 E. Base federal MAG allocation 9 F. Seasonal federal adjustment 9 G. Total MAG allocation 9 3.3 Staff report and recommendation 10 3.4 Consideration by the Director 10 3.5 Biennial reporting to the Board 10 Section 4: Grant Agreement and Project Administration 10 4.1 Grant agreement 10 4.2 Project period and start up 10 4.3 Project completion 10 Section 5: Fiscal Grant Administration 10 5.1 Keeping records and requesting reimbursement 10 A. Partial reimbursements 10 B. Final reimbursements 10 C. Supporting expenditure reports 10 D. Supporting performance reports 10 5.2 Completing the reimbursement form 11 5.3 Cost overruns 11
Item C - Page 3 i 5.4 Requesting a modification or adding a new access site 11 Section 6: Site Management Responsibilities 11 6.1 Conversions 11 6.2 Operations and maintenance 11 6.3 Financial and accounting requirements 12 6.4 Availability to users 12 Section 7: Glossary 13 Appendix A: MAG Application Form Appendix B: Grant Modification or New Access Site Information Form Appendix C: Reimbursement Form Appendix D: Expenditure Reporting Form for Sewage Collection Systems and Floating Restrooms Appendix E: Performance Reporting Form for Sewage Collection Systems and Floating Restrooms
Item C - Page 4 ii SECTION 1: GRANT PROGRAMS HISTORY AND PURPOSE 1.1 Background. The State Marine Board (Board) Maintenance Assistance Grant (MAG) Program formerly known as MAP was established in 1985 as a result of legislation that redirected fuel taxes being paid by motorized boat users to the Marine Board. MAG was widely supported by public agencies to assist with the cost of maintaining improved boating access sites throughout the state. Grant recipients were encouraged to use MAG funds to enhance their existing level of maintenance and improve the quality of recreational boating access sites. In 1995 the Board became the designated agency to receive federal Clean Vessel Act (CVA) funds for installation, replacement and maintenance of boat sewage collection systems such as pumpout, dump station and floating restroom. The Board does not own or operate any boating access sites or facilities but instead, relies on city, county, port, park districts, state and federal agencies and tribal governments to apply for grants to make needed boating access improvements. 1.2 Grant Programs. The Boating Facilities Program administers five additional grant programs: Boating Facility Grant (BFG), Waterway Access Grant (WAG), Small Grants, Clean Vessel Act (CVA) Grant and Boating Infrastructure Grant (BIG). Information about these programs can be found in the Boating Facility, Waterway Access and Small Grant Procedure Guide. This Procedure Guide does not address requirements and procedures associated with WAG, BFG, Small Grants, CVA or BIG grants for construction, renovation, or education. Please contact the Boating Facilities Program if you have questions about those programs. 1.3 Eligible recipient. A city, county, port, park district, or state agency is eligible for funds to help maintain a public Boating Access Site, Floating Restroom, or Sewage Collection System serving recreational motorboat users. 1.4 Eligible uses of state grant funds. MAG may be used for routine operations and maintenance activities at approved motorized and mixed-use recreational boating access sites identified in the grant agreement. Activities include cleaning of the launch ramp, dock, parking area, and restroom; garbage service; groundskeeping; utilities; security camera operation; and minor repair of public recreational boat access facilities statewide. Grant funds may be expended for materials, supplies, personnel, labor, outside contracts, and program administration are eligible. A. Materials & Supplies. Consumable items or components used in the service, repair, or maintenance of site improvements may be funded by MAG. 1. Consumable items and service components include janitorial and maintenance supplies (e.g., restroom tissues/towels/supplies, cleaning and sanitizing chemicals/equipment, recycling and trash containers, personal protective equipment) and maintenance supplies (e.g., fasteners, lumber, primer/paint, fuel/oil, spare parts) required for site maintenance. 2. A recipient may expend MAG funds to purchase tools or equipment to maintain an approved Boating Access Site, including custodial, maintenance, and grounds services. Tools may be any hand tools or power tools required to efficiently or effectively complete maintenance tasks. Equipment is considered more permanent and longer lasting than supplies, which are used up quickly. Equipment includes machinery, fixtures, vehicles, electronic devices, and other machines necessary to maintain the approved boating access site. Expenditures have the following restrictions: a. The total spent on tools and equipment during the term of the agreement may not exceed ten percent of the agreement's allocation. b. Use of MAG to purchase tools or equipment is contingent upon the recipient providing sufficient maintenance that complies with expectations as established by the Board. B. Personnel/Labor. Expenses for non-supervisory staff performing maintenance tasks and traveling to Boating Facilities Maintenance Assistance Grant 21-23
Item C - Page 5 1 and from approved boating access sites. Expenses include wages, payroll taxes, benefits, insurance, leave, personal equipment or supplies. C. Outside Contracts. This includes third-party services such as commercial janitorial services, garbage collection and recycling services, as well as plumbing or electrical work. Where the recipient has contracted for services necessary to maintain the approved boating access site. D. Program Administration. A recipient may expend up to 15 percent of the grant award on administrative services such as staff supervision, fiscal, procurement, reporting or management of the agreement. 1.5 Ineligible uses of grant funds. MAG may not be used to operate, maintain or administer the following types of facilities or activities: A. Fish cleaning stations, marine fuel station, long-term marina or moorage feature, campground, trail, picnic area or shelter, swim area or other large day use component. B. Limited or restricted public entry such as employee or membership only or unreasonable hours of operation at an approved boating access site such as 2:00-3:00pm. C. Commercial use is Ineligible. A recipient may not expend MAG funds for any feature, or portion of the site, where commercial activity limits public recreational boating use or access, unless the commercial activity is incidental. Examples include the loss of public parking or dock space by the commercial operator or their customers or regular or prolonged closure of a portion of an approved Boating Access Site due to the activity or event. 1. Commercial use may include any activity that is permitted, licensed, or expressly allowed by the site owner or managing agent and that conveys exclusive use or a preference in use to any individual, group, or entity and not the general boating public. 2. Examples of commercial use include: a permanent or portable store, restaurant or shop; commercial fishing vessel moorage; charter boat moorage; fish cleaning service; tour or excursion boat boarding or moorage; shuttle service; ticket sales, or watercraft rental. 3. Incidental or occasional use by a boat manufacturer or dealer to test or demonstrate boats or use by an outfitter or guide is not commercial use if the use is not exclusive or guaranteed and receives no preference over use by the general boating public. 4. A single or annual event such as a festival or contest is not commercial use unless the event is repetitive, extensive and results in the loss of access or use of the approved Boating Access Site for an excessive amount of time or the event has the potential to damage or degrade the Boating Access Site. All non-water dependent events should be relocated to another location to not impact recreational boaters who must have access to water-dependent boating facilities to recreate. 1.6 Eligible uses of federal grant funds. Federal grant funds may be expended only for routine maintenance and operation of an approved Sewage Collection System or Floating Restroom. A. Sewage Collection System or Floating Restroom must be open to the public at no cost and available at least during the peak season of use. B. Routine maintenance and operation may include cleaning, septic disposal, utilities, minor repair, deployment, and winterization. 1.7 Ineligible uses of federal grant funds. Sewage Collection System or Floating Restroom that has limited or restricted public use such as member only, campground customer only, has unreasonable hours of operation, or does not primarily serve motorboats. 1.8 Civil Rights requirements. Applicants must assure that as a condition of receiving MAG funds, they will comply with all local, state, and federal laws relating to non-discrimination including but not limited to the following: Boating Facilities Maintenance Assistance Grant 21-23
Item C - Page 6 2 A. Executive Order 11246, Equal Employment Opportunity and Title VI of the Civil Rights Act of 1964 (PL 88-352, 42 U.S.C Sects. 2000D to 2000D-4) 43 CFR 17, Subpart A-Title VI prohibits discrimination based on race, color, or national origin in program participation and employment, where (1) the primary purpose of the grant is to provide employment, or (2) discriminatory employment practices will result in unequal treatment of person, who are or should be benefitting from the grant. The provisions of Title VI of the Civil Rights Act of 1964 and Executive Order 11246 implementing the Act must be followed. B. Title IX of the Education Amendments of 1972 (20 USC§§ 1681-1683; 16851686), which prohibits discrimination on the basis of gender. C. Section 504 of the Rehabilitation Act of 1973(P.L. 93-112), as amended in 1978 (43CFR 17, Subpart B) Section 504 requires that no qualified persons shall on the basis of handicap, be excluded from participation in, be denied benefits of, or otherwise be subjected to discrimination under any program or activity. D. Age Discrimination Act of 1975 (42 USC §§ 6101-6107), which prohibits discrimination on the basis of age. E. Drug Abuse Office and Treatment Act of 1972 (PL 92-255), which prohibits discrimination on the basis of drug abuse. F. Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616) regarding non-discrimination on basis of alcohol abuse or alcoholism. G. Architectural Barriers Act of 1968 (ABA), P.L 93-112 all facilities must be accessible to the physically handicapped. H. Americans with Disabilities Act of 1990 (ADA), which provides for clear and comprehensive prohibition of discrimination on basis of disability in employment, state and local services, including transportation, public accommodations and services, and telecommunications. The U.S. Access Board www.access-board.gov has the latest guidelines. 1.9 Ownership. MAG may be used to maintain public recreational boating access sites and features only on property owned and/or managed by the recipient. This includes ownership in fee simple, a long-term lease, easement, or intergovernmental agreement authorizing the recipient's control over the property throughout the term of the grant agreement. 1.10 Funding availability. MAG is made available on a biennial basis, beginning July 1 of every odd year and ending June 30 of the ensuing odd year, as authorized by the legislature and allocated by the Board for this purpose. MAG funds must be expended by the grant recipient prior to the end of the biennium in which they are awarded. A. The Board notifies potential recipients of MAG funding availability in November preceding the start of each biennium. MAG application deadlines are also posted on the agency web site www.boat.oregon.gov and published in the program newsletter Boat Access Today, which is sent to individuals and agencies on a list maintained by the Boating Facilities Program. If you want to receive the newsletter, contact the Boating Facilities Program. B. The Board may adjust the amount of funds available, application deadlines, and allocation dates to meet existing needs or opportunities that may occur. 1.11 State and federal MAG matching fund requirements. Applicants are required to provide match to MAG. Applicant match can be recipient cash, donations, force account labor, materials, supplies or equipment. In addition to cash match, the recipient should identify administrative match contributed to the project. Administrative match can include the cost of project administration, legal fees and contract management. In the event the recipient has an approved federal indirect rate, and the recipient is applying for federal
Boating Facilities Maintenance Assistance Grant 21-23
Item C - Page 7 3 funds these items can be considered administrative match or may be eligible for federal MAG funding. Contact the Boating Facilities Program Manager if you have an approved federal indirect rate and are applying for federal MAG funds for Sewage Collection System or Floating Restroom. Applicants can provide match in the form of force account labor, materials or equipment. Force account match may consist of recipient or donated labor for maintenance of existing structures, plantings, painting and similar tasks; donated or recipient-supplied materials such as lumber or crushed aggregate; or donated or recipient use of equipment such as a dump truck, road grader, paint striper, or tools. Force account labor, materials, or equipment must be items that would otherwise require MAG funds to pay for as part of the scope of the grant. The Board’s guidelines for the minimum percentage of match including cash, force account and administrative items on an application that only has state MAG funding for maintenance of facilities for recreational boating use is 40%. The minimum percentage of match for maintenance of Sewage Collection Systems and Floating Restrooms awarded federal MAG funds is 25%. SECTION 2: STATE AND FEDERAL MAG APPLICATION PROCEDURES 2.1 Contents of application. To be considered for MAG, potential recipients must prepare and electronically submit a grant application form to the Boating Facilities Program by the established grant application deadline. The Application consists of five sections including the signature section. The Application can be downloaded from the Marine Board website at www.boat.oregon.gov under Boating Facilities. Sample forms and filing instructions are included in this guide. A. Section 1. Applicant Information Provide the contact information for the applicant's project manager. The project manager is the key point of contact responsible for all MAG grant activities. The project manager will be responsible for coordinating all grant correspondence with OSMB, including grant application, administration, compliance, fiscal and performance reporting, and related activities. This person may be different from a local or regional site manager. Provide the name and contact information for the fiscal point of contact. B. Section 2. Modifications or New Access Site Information Identify if the applicant has participated in the MAG program within the last two years. If yes, and NO modifications have been made to site fees, season of use, site features such as number of parking spaces, linear feet of dock etc. and no new sites are requested to be considered, then mark No Modifications. If there are modifications to existing site information or the applicant is requesting consideration to add a new access site complete MAG Access Site Information Form for each site that has modifications or proposed new access site. When listing vessel waste collection equipment, group units installed in the same location. For example, if there is a pumpout and a dump station installed on the fuel dock, list one system named "Fuel Dock Pumpout/Dump Combo". List equipment separately if units are installed in different locations. For example, assume there is a pumpout on Dock C, a pumpout and dump station combination unit on Dock H, and an upland dump station. You would list three systems named "C Dock Pumpout", "H Dock Pumpout/Dump Combo", and "Bramble Creek Dump Station". List any fees charged for using the boating access site or related facilities. For use fees and moorage give the daily rate. List the types of boats that are currently using or anticipated to use the boating access site. Provide an annual estimate of the number of launch and retrievals, number of boats mooring overnight and number of boat-in camping nights as applicable. Complete the table identifying by month the types of boating activities occurring or anticipated at the boating access site or waterbody. Using a scale of high, medium and low.
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Item C - Page 8 4 Use information can come from door counts, traffic counters, entrance or other fee receipts, and staff observations. Local marine deputies, adjacent boating access site owners, and users can also provide information to help quantify the type of boats and mix of use. Provide information about ownership and management of the property. Identify if there are any easements, deed restrictions, agreement covenants or other limitations on property development. If the property is leased or under operation and management agreement identify who owns the property and number of years remaining in the lease. Identify who manages the property. C. Section 3. Maintenance Schedule and Plan 1. Describe the maintenance schedule, plan guidance or other documentation used to operate and maintain the approved boating access sites. Attach a copy of the referenced information or provide a link where the plan, guidance, schedule or other documentation can be obtained. D. Section 4. Proposed Budget. (All applicants complete) Please note this is estimated and will be used to identify if the applicant has included the minimum amount of match for state and federal MAG. The amount and categories may change when expenditures are made and requests for reimbursement are submitted. 1. Part 4A. Administrative Match: Identify the value and source of any administrative match the applicant or others will provide as a part of the project. These costs can serve as a portion of the applicant’s required match for the grant. Below are examples of eligible items for each line. This information will also be included on partial and final reimbursements if a grant is awarded. a. Administration: Attending meetings relating to the project, procurement process, or supervision of force account labor. b. Federal indirect rate: This only applies if you have received a grant with federal funding. The approved federal indirect rate type will be one of the following types provisional, final, predetermined, or fixed. If the applicant has never had an approved federal indirect rate you may elect to charge a de minimis rate of ten percent of the modified total direct costs. c. Pre-agreement expenses: Allowable expenses that have been preapproved by the Boating Facilities Program Manager prior to the agreement being executed but within the biennial period. d. Other: Identify other match that would not fall into the above line items. 2. Part 4B. Force Account Match. Identify the estimated cost and source of any force account labor, materials, and equipment supplied by the applicant or others. Force account refers to applicant staff; equipment, or materials owned by the applicant; or labor, equipment, or materials donated by a third party. Provide details and description of the proposed force account labor, materials, or equipment and who is providing the items. Note: The recipient must be able to document these items and provide as supporting documentation during the reimbursement process. 3. Part 4C. Cash Match. Identify the estimated cash contributions by the applicant or others along with the amount requested from the Board. Identify the amount and source of any “Other” funds listed separately in Section 4 Part E. a. Materials Purchased is only for the applicant purchase of maintenance items such as paint, fixtures, lumber, or building or roofing materials that will be installed using force account labor or contracted labor. This line does not refer to any materials a contractor purchases directly and installs under a third-party contract.
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Item C - Page 9 5 b. Equipment Rental is only for the rental of equipment that the applicant would use for maintenance tasks completed by force account labor. This can include specialty tools, transportation vehicles, charges from a separate division for use of equipment such as Public Work charging Parks for use of a backhoe or other related items. This line does not refer to any equipment a contractor would rent under a separate construction contract. c. Federal indirect rate only applies if you have received a grant with federal funding. The approved federal indirect rate type will be one of the following types provisional, final, predetermined, or fixed. If the recipient has never had an approved federal indirect rate you may elect to charge a de Minimis rate of ten percent of the modified total direct costs. d. Outside contract is typically for services which can include repair of plumbing or electrical systems, or other specialties such as garbage collection services, seasonal dock removal and installation or debris removal from boat ramps and docks. e. Other is for cash expenses that do not fit within the above identified line items. 4. Part 4D. Total Proposed Project Funding. Transfer the totals from Section 4 parts, A-C to the corresponding lines and add for the grand total. 5. Part 4E. Other Source, Type and Amount of Non-Applicant Match. If any amounts are listed in the “Other” columns in Section 4 A-C, provide details about the type, source, and amounts of these contributions. If necessary, attach additional sheets. This information is particularly important if any “Other” funds are from other grants. E. Section 5. Signature and Certification. By signing the Application, the applicant is certifying that its governing body or board of directors is aware of this request and has authorized the signer as the official representative of the applicant to act in connection with this Application and subsequent project as well as to provide additional information as may be required. 2.2 Submitting a Complete Application. Applicants must submit a complete application by the application deadline. A. All Applications must be submitted on or before the application deadline. Staff will not process any applications received after the specified deadline. B. Staff will attempt to review applications received prior to the specified deadline and inform the applicant of any additional information needed. C. Once an application is accepted, the recipient will be notified of the assigned grant reference number. After reviewing the application and attachments, additional information may be requested from the applicant to help clarify information contained in the application. A recipient's lack of responsiveness and clarity to such a request may negatively affect the grant evaluation. 2.3 Grants Workshop and Pre-Application Meeting. Boating Facilities Program staff occasionally conduct grant workshops to inform potential applicants of application procedures and administrative requirements of the program. All prospective applicants are encouraged to attend a workshop prior to applying for a grant. In addition, it may be beneficial to meet with appropriate MAG program staff prior to submitting an application. This will provide the applicant an opportunity to ask questions regarding the grant program and will allow Boating Facilities Program staff to assist the applicant if requested. Requests should be made as early as possible prior to the established deadline for submitting a grant application and directed to the Boating Facilities Program Manager. The availability of staff is subject to prior scheduling and other priorities.
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Item C - Page 10 6 SECTION 3: GRANT APPLICATION REVIEW AND CONSIDERATION 3.1 Initial Staff Review. After an application is received, staff will review it for completeness, assign a project number, and notify the applicant of the application status. The notice may request additional information for clarification on the application. Please use the assigned project number in all correspondence regarding the application and/or project. 3.2 Allocation Formula. Staff will determine the amount of an applicant’s allowable grant allocation total based on the best available information relating to use fees; types and seasons of site use; seasonal maintenance practices; plus types and quantities of equipment, facilities, and site improvements serving motorboats. The MAG allocation formula uses a point system based on site features available at a Boating Access Site. Each point has a value of $100. The MAG point schedule is in Appendix C. Staff will calculate grant amounts using the allocation methodology as follows:
A. Base state fund MAG Allocation. Determine the base allocation for each Boating Access Site. Include all eligible improvements or facilities, i.e., site feature, that serve motorboats.
1. Calculate the base allocation point value as prescribed by the MAG point schedule for the size or quantity of site features, including number of launch lanes, boat trailer parking area or spaces, restroom stalls; length of docks; plus groundskeeping and garbage service.
a. Parking points will be awarded only for parking features that safely accommodate six vehicles with boat trailers at the launch site. No points will be awarded for any car parking area, spaces that are too small for a vehicle with a boat trailer, allows long-term parking, storage of boats, unhitched trailers, vehicles or other items or parking not actively serving motorboat users launching or retrieving from a launch ramp. b. Points awarded for any parking feature will be no more than the single highest point category applicable to that parking feature. No single parking feature will be awarded points from multiple point categories. c. For parking features without obvious, actively maintained pavement and space delineation, i.e., striping, parking points will be awarded based on the total area at the launch site that is dedicated to parking vehicles with boat trailers. Points will be awarded only for vehicle with boat trailer parking area that is dedicated to serve motorboat use associated with the launch site. d. For parking features having obvious, actively maintained pavement and striping, parking points will be awarded based on the total number of adequately sized, delineated parking spaces that are dedicated to parking vehicles with boat trailers at the launch site. Points will be awarded only for vehicles with boat trailer parking spaces that are dedicated to serve active motorboat use associated with the launch site. e. Parking points will be awarded only for overflow parking features where a separate, additional parking feature is necessary to supplement the parking capacity for vehicles with boat trailers at the site. Overflow parking must be readily accessible to all motorboat users, of adequate size to meet MAG eligibility requirements, and located within reasonable distance of the boat launch. 2. Adjust the base allocation to include additional points for each Boating Access Site that is accessible only by boat.
3. Adjust the base allocation to include additional points for an applicant who provides four or more MAG-funded access sites. Sewage Collection System or Floating Restroom are not included in the applicant's total site count if it is located within or adjacent to a state funded, MAG access site.
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Item C - Page 11 7
B. Seasonal Adjustment. When a site feature is not open for public use, actively maintained, or operational, the allocation will be adjusted to match the period during which it serves motorboats and is actively maintained. Staff will adjust the base allocation for seasonal availability as follows:
1. For each site feature at a Boating Access Site that is available only during the required minimum three-month peak season, reduce that feature’s point value by 50 percent.
2. For each site feature at a Boating Access Site that is available only during the required minimum three-month peak season plus a three-month shoulder season, reduce that feature’s point value by 25%.
3. For each site feature at a Boating Access Site that is available at least during the required minimum three-month peak season, but less than 12 months, adjust that feature’s point value on a pro rata basis as appropriate.
C. Other Adjustments. The base allocation may further be adjusted in instances where the number of site feature quantities or total site maintenance costs differ substantially from typical motorboat access sites, or where substantial shared use or seasonal closures occur. In such cases staff may adjust the point values for the site features as follows:
1. To fit within the recipient's estimated budget for the site;
2. To balance the number of launch lanes to the number of parking spaces in conformance with the current version of the Board’s Design Guidelines for Recreational Boating Facilities;
3. To account for joint use of restroom or parking stalls or other features that clearly serve other developed activity areas besides boating, such as large day use areas, marinas, campgrounds, and downtown areas; and
4. For seasonal closures of boating access site features.
D. Use Fee Adjustment. When a fee is charged for public use of a site feature, the MAG allocation will be adjusted to recognize the grant funding contribution already made by motorboat users. Fee includes any day use, entry, launch, parking, or other fee charged to a motorboat user for use of the boating access site. Fees do not include any donations or annual passes. Staff will reduce the MAG allocation according to the total fees paid by a motorboat user for a single use of an approved boating access site.
1. A recipient who charges a fee over $5.00 may not receive MAG funds for that boating access site.
2. Staff will reduce a site's total allocation for fees charged as follows: a. $0.00-$2.00 – no reduction b. $2.01-$3.00 – 15 percent reduction c. $3.01-$4.00 – 40 percent reduction d. $4.01-$5.00 – 75 percent reduction e. $5.01 and above – not eligible f. No fees allowed for floating restrooms, pumpouts or dump stations.
3. Notwithstanding the provisions in Paragraph 1 of this subsection, an applicant may request to charge a moorage fee at a MAG-funded site that exceeds the maximum allowable use fee.
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Item C - Page 12 8 a. To request consideration for a moorage fee that exceeds a daily rate of $5.00 the applicant must submit by email or letter to the Boating Facility Program the following information:
(1) Identify local or regional market moorage rates, include the rate basis, location and similar access site features. (2) Will rate apply to day use and overnight mooring? (3) Will the rate be the same for day use and overnight mooring? (4) Will the fee be only to recover direct utility costs associated with electricity, water or sewage used by the moored boat?
Staff will review and evaluate the information and make a recommendation to the Director on the reduction amount.
b. No reduction will be applied to the total site allocation if the moorage fee charged to a user is only for utility service and the fee amount is the minimum necessary to recover direct utility costs.
E. Base federal MAG Allocation. To determine the Base Allocation for each federal MAG award, Staff will calculate the number of points attributable to each pumpout, dump station, and floating restroom using the point values in the MAG point schedule. To be eligible no fees may be charged for use of these sites.
F. Seasonal federal MAG Adjustment. A Sewage Collection System is considered open if it is operational, actively maintained, open for public use and has all necessary items in good working order such as hose, adapter, and utilities. A Floating Restroom is considered open if it is deployed to its intended in-water location, operational, actively maintained, open for public use and has all necessary items in good working order such as batteries, and toilet flushing system. Staff will adjust the base federal MAG grant allocation for seasonal closure, based on the following:
1. For each funded feature that is open only during the required minimum three-month peak season reduce that feature’s point value by 50 percent. 2. For each funded feature that is open only during the required minimum three-month peak season and the three-month shoulder season reduce that feature’s point value by 25 percent. 3. For each funded feature that is open at least during the required minimum three-month peak season, but less than 12 months, reduce that feature’s point value on a pro rata basis. 4. For Floating Restroom if the feature is unavailable for public use due solely to low water or other conditions beyond the control of the recipient and the recipient uses that time to repair or maintain the Floating Restroom it may be considered open for the purpose of federal MAG funding.
G. Total MAG Allocation. Staff will calculate the applicant's total state fund MAG allocation as the sum of the allocations for all the applicant's MAG-approved sites, as adjusted according to subsections A, B, C, and D of this section, for each year of the grant term. The recipient's total federal fund MAG allocation is the sum of federal MAG Allocations for all of the applicant’s approved sites as adjusted for season of use, for each year of the grant term. One grant agreement will be issued for both state and federal MAG.
3.3 Staff recommendation. Staff will review and evaluate the grant request for agency priorities and make a recommendation to the Director for funding. 3.4 Consideration by the Director. The Director will review documents and staff recommendation and make a funding determination on the application. Determination is generally completed within three to seven days.
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Item C - Page 13 9 3.5 Biennial reporting to the Board. Staff will prepare a MAG summary report each biennium. The report will be provided to the Board during a regularly scheduled meeting. SECTION 4: GRANT AGREEMENT AND PROJECT ADMINISTRATION 4.1 Grant Agreement. Once the Director has approves a MAG award, the recipient must enter into a grant agreement with the Board. The grant agreement describes the responsibilities of all parties and the terms and conditions associated with the grant. A grant agreement must be duly signed by all parties within 90 days of approval. If the grant recipient does not sign the grant agreement in a timely manner the Board may cancel the grant. Until the grant agreement is signed by all parties, the grant recipient or any other party to the agreement may discontinue their involvement in the grant. The Board will email the grant agreement for signature and provide each party to the grant agreement a fully executed electronic copy once all signatures have been obtained. 4.2 Project Period and Start Up. Unless modified by mutual consent of all parties, the grant agreement binds all parties from the date it is signed for the biennial performance period that begins July 1 of the first odd year and ends June 30 of the following odd year. 4.3 Project Completion. Since MAG grants address ongoing needs for routine maintenance and operation, "project" refers to the ongoing, routine maintenance tasks or activities authorized and occurring during the performance period in the grant agreement. A MAG grant project is generally considered to be complete when the term of the grant agreement expires and final reimbursement is made, whichever occurs last.
SECTION 5: FISCAL GRANT ADMINISTRATION AND REPORTING 5.1 Keeping Records and Requesting Reimbursement. MAG grants are reimbursement grants. This means that the grant recipient must expend funds prior to receiving reimbursement. Reimbursement will only be approved for costs associated with work directly related to and identified in the scope of the grant award, grant agreement, and other grant-related documents. The reimbursement amounts are calculated based on the parties’ percentages of required match for state and federal MAG. As an example, if the total maintenance expenses are $10,500 for the reimbursement request and the grant recipient match is 40% state MAG ($10,000) and 25% for federal MAG ($500) and Marine Board Grant is 60% for state MAG and 75% for federal MAG the amount paid by the parties would match their percentage. Grant recipient pays $4,000 to match state MAG and $125 to match federal MAG for a total of $4,125 and Marine Board pays $6,000 state MAG and $375 federal MAG for a total of $6,375. A grant recipient's request for reimbursement will be held until all required documentation is provided and accepted by Boating Facilities Program staff. It is essential that the grant recipient keep accurate documentation and records to obtain reimbursement. Supporting evidence must be documented for each item identified in the budget. Estimates are not acceptable for reimbursement. A. Additional reimbursement request information is provided below. 1. Partial Reimbursements. A grant recipient may request reimbursement for eligible expenditures made at any time after a significant portion of the project has been completed or materials received. Partial reimbursements are not required, and a grant recipient may submit only the final reimbursement request. To submit a partial request, A grant recipient must submit a completed Grant Reimbursement Form (see Forms Library at www.boat.oregon.gov) and attach documentation supporting the expenditures including Administrative, Force Account, and Cash match. In no event shall the Board disburse more than 90 percent of the grant award amount for partial reimbursements. 2. Final Reimbursement. A final reimbursement can be submitted only after all work or materials have been completed and accepted by the grant recipient and acknowledged as prescribed by
Boating Facilities Maintenance Assistance Grant 21-23
Item C - Page 14 10 agency staff. To request final reimbursement, A grant recipient must submit a copy of the Grant Reimbursement Form along with documentation supporting all expenditures including Administrative, Force Account, and Cash match. Boating Facility Program staff may inspect the completed work before the final reimbursement is authorized. 5.2 Completing the Reimbursement Form. It is recommended to establish separate cost accounting for MAG. Expenditures should be captured and monitored based on the grant budget to account for Administrative match, Force Account match, and Cash match on the reimbursement form. 5.3 Cost Overruns. The grant recipient is responsible for all costs above must make every effort to avoid cost overruns on a project. 5.4 Requesting a Modification or adding a New Access Site. A grant recipient may request a modification to the scope of a grant or adding a new site by submitting an email to the Boating Facilities Program Manager summarizing the request and attaching the completed Grant Modification or New Access Site Information Form. In addition, include any supporting documents such as such as council resolution, governing board order, lease agreements etc. Requests will be reviewed and if needed additional clarification requested prior to making a determination. In the event there is a financial increase or decrease in MAG award, notice will be provided prior to issuance of an amendment.
SECTION 6: SITE MANAGEMENT RESPONSIBILITIES 6.1 Conversions. The terms and conditions of MAG grant agreements require a grant recipient to retain ownership or management of all sites receiving grant assistance, maintain the site(s) and features in a safe and usable manner, and make them available for public boating recreation during the term specified in the agreement. A grant recipient may not convert, wholly or in part, any equipment or tools acquired, or any site or feature maintained with grant assistance to any use other than those stipulated in the grant award or grant agreement, without Marine Board approval. If the grant recipient converts a site or feature maintained with grant assistance to unauthorized uses or disposes of the tools or equipment before the ending date of the grant agreement, the grant recipient must reimburse the Board 100% of all funding received or provide replacement access as approved by the Board. Replacement access must be equal to the access, motorboat user benefit, and level of development as agreed by the Board. The Recipient is responsible for providing replacement access to match the quantity and type of features to meet the needs of recreational motorboat users. As an example, if the converted access had twenty paved boat trailer parking spaces, a two-stall flush restroom, and single lane concrete ramp, then the level of development on the replacement access must match those amenities and not become gravel parking, portable toilet, or gravel ramp. In addition, the access to the water must be of equal or better functionality and utility to serve recreational motorboats. 6.2 Operations and Maintenance. A grant recipient must operate and maintain each boating access site and feature, so they appear attractive and inviting to the recreational boating public. Sanitation and sanitary facilities must be maintained in accordance with applicable public health standards and codes. Each site and its related features must be kept safe for public boating use and kept in good working condition throughout the term of the agreement. A grant recipient must make each boating site and its features available for public use during reasonable hours of the day and times of the year. A grant recipient must perform or contract for adequate routine maintenance and operation activities to protect the public, preserve the viability of the site and features, and provide a quality boating experience for the public. Any event such as vandalism, flood, fire, or closure that requires significant corrective action must be promptly reported to the Board. A grant recipient must maintain, store, and manage equipment purchased through the grant. 6.3 Financial and Accounting Requirements. A grant recipient must maintain complete fiscal records relating to the approved grant in a manner that is consistent with generally accepted accounting principles. Required fiscal records must provide an accurate and timely accounting of funds received by source of expenditures and any unexpended balances. The grant recipient’s records must be detailed and include readily available documentation sufficient to demonstrate that all expenditures reimbursed by the Board Boating Facilities Maintenance Assistance Grant 21-23
Item C - Page 15 11 covered eligible costs under the terms of the grant award. Other records such as correspondence and photos documenting events related to the project and grant must also be kept and maintained by the grant recipient. A grant recipient must provide authorized staff of the Board, the Oregon Secretary of State’s Office, and the federal government access to all fiscal records and supporting documentation. All grant-related fiscal records and supporting documentation must be maintained for a period of six (6) years following completion of the work authorized by the grant award. In the event that litigation is involved, a different retention schedule may apply. Contact the Marine Board for more details. All recipients who receive federal funds must comply with OMB Circular A133 Single Audit Act. 6.4 Availability to Users. A grant recipient must agree to allow Board staff, or their agents, unencumbered access to inspect the site, features, and equipment assisted with grant funds throughout the term of the grant agreement. Inspections will generally be for the purpose of determining whether the site and features are open and available for public boating use, properly maintained, and serving the users for which the grant was awarded. Inspections may also be performed of the acquired tools and equipment. Following inspections, staff may request that the grant recipient provide maintenance logs, use data, inventory data, or recommend that the grant recipient take corrective actions to remediate any problems noted.
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Item C - Page 16 12 SECTION 7: GLOSSARY 7.1 Terminology. For the purpose of this Procedure Guide, the following definitions apply: Access Road: A road that leads from a main thoroughfare to a Boating Access Site launching access or parking area. Administration: The preparation and management of a MAG including, but not limited to fiscal responsibilities, staff supervision, and reporting activities. Agency: The Oregon State Marine Board, agency staff, or other authorized representatives. Amendment: A modification to the grant agreement typically for funds, scope, or term of a grant agreement. Annual Maintenance: Routine maintenance and operation activities typically scheduled to occur yearly and performed by the recipient during the grant term. Application: A complete grant proposal with the required forms and attachments submitted for consideration by the Board. Biennium: The 24-month period beginning July 1 of each odd-numbered year and ending June 30 of the next odd-numbered year. Board: The State Marine Board. Boarding Dock: A floating structure, normally 6 to 8 feet wide, on or adjacent to a launch ramp that provides immediate use for loading or off-loading from a boat. Boat: Any manner of watercraft, including a seaplane on the water and not in flight, used or capable of being used as a means of transportation on the water, including a kayak, canoe, raft, stand up paddleboard, sailboat, motorboat or other device defined by statute. This does not include any boathouse, floating home, air mattress, beach and water toy, or single inner tube. Boat-in Camping: A designated camping area accessed by boat. It is typically only accessible from the water, not by road. It often includes a fire ring and tent pad and may also include a picnic table and sanitation system or equipment. Boating Access Site: A public site with a launch ramp, parking area, sanitation and garbage can or a site with a short-term tie-up dock, sanitation and garbage can or a sewage collection system or floating restroom. Sites also may include debris deflection booms, boarding docks, landscaped grounds and turf etc., and restroom, providing public access for motorboats via a launch ramp or dock. May also include improvements that facilitate access such as access road, landscaped grounds, and utilities. Boating Facilities Program Manager: Agency staff member designated by the Director to manage Maintenance Assistance Grant (MAG), Boating Facility Grants (BFG), Waterway Access Grant (WAG) and Small Grant (SG) Programs. Clean Vessel Act (CVA): The federal program authorized by 50 CFR Part 85 and ORS 830.150. Clean Vessel Act funds are restricted for the maintenance and operation of floating restrooms and sewage collection systems (pumpout and dump stations). Funds awarded through MAG for these sites will be federal funds and cannot be expended for the maintenance and operation of other boating access sites. Commercial Use: Any regular or non-incidental activity or event at an improved boating access site that is conducted by a business, concessionaire, or any non-public entity for the purpose of selling products or providing goods or services for a profit or private financial gain. Also includes any activity that is permitted, licensed, or expressly allowed by the site owner or managing agent and that conveys exclusive use or a preference in use to any individual, group, or entity and not the general boating public. Composting Toilet: A toilet system where waste is collected in a tank and combined with wood shavings or bulking material to produce compost. Typically located on islands or remote areas not accessible by road. Conversion: Changing the use of a boating access site or feature that has been maintained with assistance
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Item C - Page 17 13 from state or federal MAG to any other purpose, use, or activity not specified in the MAG Grant Agreement. Debris Deflection Boom: A floating structure typically located upstream of a boating access site that provides protection from floating debris by deflecting it away from the site. Director: The State Marine Board Director. Dump Station: Receptacle that collects marine sewage manually dumped from hand carried portable toilets. Feature: Any improvement, equipment, or site amenity that contributes to the motorboat user's health, safety, accessibility, or convenience at a boating access site. Fiscal Year: The twelve-month period beginning July 1 of any year and ending June 30 of the next year. Floating Restroom: A floating toilet moored in open water, not connected to shore or docks, to serve boaters. Gangway: A bridge-like structure with a variable slope that provides pedestrian access between a land connection and dock. Garbage Service: Regular collection and removal of trash from one or more trash receptacles provided at a boating access site. Grant Agreement: The written document through which the grant recipient and the Board mutually agree to carry out respective responsibilities for a fixed period or as amended by mutual consent. Grant Recipient or Recipient: The term used once a grant has been awarded to an applicant. The party responsible for the completion, operation, and maintenance of the project. Grounds: The area at or immediately adjacent to an improved boating access site where garbage pickup and maintenance of turf, vegetation, trees/shrubs, and bank stabilization occurs. Launch Ramp: an inclined hard surface consisting of asphalt or concrete used to launch and retrieve boats. A launch ramp consists of one or more launch lanes. Each launch lane is normally 15 to 20 feet wide. Matching Funds: Cost sharing resources expended by a recipient for maintenance of approved boating access sites for the portion of maintenance costs not paid by MAG. Maintenance: The periodic repair or regular upkeep of a boating access site or equipment in order to preserve its intended functionality. Maintenance includes replacement of components or equipment parts as needed to restore the feature or equipment to a serviceable condition. Maintenance Assistance Grant (MAG): State or federal funding assistance to eligible public applicants for the routine maintenance and operations of improved public boating access sites according to the terms and conditions of the grant agreement. Materials & Supplies: Recipient's grant eligible expenses for consumable items or components used in service, repair, or maintenance tasks under the MAG grant. Consumable items and service components include janitorial and maintenance supplies (e.g., toilet paper/towels/supplies, cleaning and sanitizing chemicals/equipment, recycling and trash containers, personal protective equipment) and maintenance supplies (e.g., fasteners, lumber, primer/paint, fuel/oil, spare parts) required for site maintenance. Mixed Use Site: A boating access site where annual use is mixed 31% to 69% between motorized and nonmotorized boats. Mooring: A dock or designated buoy that allows boats to tie-up to or dock. Motorized Use Site: A boating access site where annual use by motorized boats is 70% or more of all boat use. New: A boating access site that never previously existed or the addition of a feature where none existed previously. Nonmotorized Use Site: A boating access site where the annual use by motorized boats is 30% or less of all boat use. Boating Facilities Maintenance Assistance Grant 21-23
Item C - Page 18 14 Off-Season: The six-month period of lowest motorized boat use generally the period from October 15 to April 15. Outside Contracts: Recipient's grant eligible expenses for third-party services performing maintenance tasks under the grant. Parking Area: A developed gravel or asphalt surface with a minimum of six boat trailer spaces (10' x 40') and two single car spaces (10' x 20') associated with a launch ramp. This includes any required accessible parking spaces. Peak Season: The three-month period of heaviest boat use generally the period from June 1 to August 31. Personnel Labor: Recipient's grant eligible expenses for non-supervisory staff performing maintenance tasks under the MAG grant. Project: The ongoing, routine maintenance tasks or activities occurring at approved boating access site(s) as identified in the grant agreement. Pumpout Station: Equipment that pumps sewage from a boat’s on-board holding tank. Repairing: Rehabilitation of existing boating facilities to improve safety and service to boaters. Replacing: Reconstruction of an existing boating access site feature to restore use and function. Restroom: All types of landside facilities used to collect human waste to include flush, vault, composting and portable toilets. A restroom may include one or more stalls (urinal or toilet). Routine Maintenance: All types of ordinary maintenance activities completed on a regular basis (daily, weekly or monthly). Short Term Tie-up Dock: A dock at least 100 feet in length used for short-term moorage that can accommodate a minimum of six non-trailered boats. Does not include marina moorage, seasonal docks or other dock structures that allows stays longer than ten consecutive days. Shoulder Season: The three-month period of moderate boat use generally the period from April 15 to May 31 and September 1 to October 15. Site: For the purposes of state fund MAG award site means boating access site. For the purposes of federal fund MAG award, site means a location equipped with sewage collection system or floating restroom. Use Fee: Any form of user fee charged to boaters for access or use of a boating site feature. This includes day use, launch, parking, moorage, or any other general entrance or use fee. Utilities: All-inclusive term for water, electrical, and sewer service. Vessel Waste or Sewage Collection System: A stationary or portable system that pumps or removes human waste from a recreational boat holding tank or hand-carried toilet. This includes pumpouts, dump stations, related forward sewage lift stations, necessary docks, piling, and gangways, and related facilities. Wave Attenuator/Breakwater: A structure, barrier, or device to reduce wave/wake action and its potential damage to boats and boating access site features. The attenuator may consist of a series of bound logs, deep draft concrete docks, wave fence, jetty, groin, or a combination of these structures.
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Item C - Page 19 15 Item D: Possible rulemaking via petition - Petition to repeal recent amendments to OAR 250-020-0280 (Boat Operations in Multnomah County) and OAR 250-020-0032 (Boat Operations in Clackamas County) Action: Option to accept petition and open rulemaking.
01. At its October 24, 2019 Board Meeting, the Board initiated the rulemaking process for the Lower Willamette River and instructed staff to convene a Rule Advisory Committee (RAC). The escalation of concerns and conflicts regarding boating activities in the lower river prompted this initiation of rulemaking.
02. After 15 months of consideration, several opportunities for public input, and evaluation of options, the Board adopted new rules for the Lower Willamette River at their January 27, 2021 Board Meeting.
03. The new rules went into effect on May 1st, 2021. A comprehensive summary of the entire rulemaking timeline, as well as the rules themselves, is provided on the following pages. This summary has been shared with state and local lawmakers, Oregon House and Senate committees, interested federal, state, and municipal agencies, and many stakeholder groups.
Item D - Page 1 LOCAL BOATING REGULATIONS LOWER WILLAMETTE RIVER ADOPTED RULES Boat.Oregon.gov| 503-378-8587
Rulemaking Timeline
June, 2019: Due to several reports of conflict between users of the Lower Willamette River, the Oregon State Marine Board (OSMB) holds two listening sessions in Portland to gather public input on potential concerns. The public is also able to provide information in an online survey.
October, 2019: After reviewing input gathered during the listening sessions, the Board initiates the rulemaking process for the Lower Willamette River and directs OSMB staff to convene a Rule Advisory Committee (RAC) to aid in gauging the positive and negative effects of any proposed regulations.
November, 2019 to April, 2020: A RAC is assembled of 22 stakeholders representing various perspectives. Two in-person meetings are held before RAC input must be solicited virtually due to the onset of the pandemic. Multiple regulatory concepts are developed for consideration by the Board, and RAC members provide their opinions on the concepts.
May, 2020: The Board considers the regulatory concepts reviewed by the RAC. The Board directs staff to solicit further input from the RAC regarding a concept that extends the Holgate Channel slow no-wake zone and pass-through zones north and south of Ross Island. Virtual public testimony on all Board Meeting agenda items is accepted prior to the meeting.
July, 2020: After reviewing feedback from RAC members, the Board directs OSMB staff to formally propose new rules to extend the Holgate Channel slow no-wake zone and that create pass-through zones to the north and the south of Ross Island. Public comment on this proposal is solicited from September 1st through October 4th. The Board also directs staff to gather information on the stretch of river between the Sellwood Bridge and Willamette Falls. Virtual public testimony on all Board Meeting agenda items is accepted prior to the meeting.
September, 2020: OSMB staff solicit input from state and federal agencies and local municipalities regarding the impacts of boating in the Sellwood-Bridge-to-the-Falls stretch on the river environment, water quality, public safety, and other river users. A survey is also distributed to nearly 800 boaters and riverfront homeowners to assess public opinions on boating impacts and potential boating regulations.
Item D - Page 2 02/01/2021 October, 2020: After considering received testimony, the Board votes to adopt the Holgate Channel slow no-wake zone and Ross Island pass-through zones at their quarterly Board Meeting. After reviewing materials regarding the stretch between the Sellwood Bridge and Willamette Falls, the Board also directs staff to propose additional rules. This proposal includes connecting the already-adopted pass-through zones to create one continuous seasonal pass-through zone and creating buffer zones (100 ft. slow no-wake, 200 ft. for wakeboarding and towing of inflatables) around private on- water infrastructure. Wake surfing is completely restricted in this stretch as part of this proposal. Public comment is solicited from December 1st through January 25th, and two virtual public hearings are held. Virtual public testimony on all Board Meeting agenda items is accepted prior to the meeting.
January, 2021: The Board reviews hundreds of pieces of submitted oral and written testimony, and after some deliberation, votes to adopt to adopt the proposal and end the rulemaking process. Virtual public testimony on all Board Meeting agenda items is accepted prior to the meeting. Focus is shifted towards rule implementation, education, and outreach. An overview of the adopted regulations is provided below.
Pass-through zone regulations (May 1 to September 30) Hawthorne Bridge to Waverly Marina
• All watercraft may pass through the zones without reducing speed. • No person shall operate a motorboat pulling a water skier, wake surfer, or towed device in these zones. • No person shall operate a personal watercraft in continuous operation above 5 mph in these areas, except to transit directly through the zones.
Slow no-wake zone regulations Holgate Channel and Ross Island Lagoon
• All watercraft must operate in this area at slow-no wake speed. • This represents an extension of a previous slow-no wake zone in the Holgate Channel.
Towed watersports restrictions Waverly Marina to Willamette Falls
• No wakesurfing permitted in this area. • Slow no-wake within 100’ of docks and other in-water structures. • Waterskiing permitted outside of 100’ from docks and other in-water structures. • Wakeboarding and tubing permitted outside of 200’ from docks and other in-water structures.
Item D - Page 3 02/01/2021 Rule Implementation
01. Since the adoption of the new rules, OSMB staff has spent considerable resources on implementing the rules for the 2021 boating season.
02. Staff coordinated with all public access facility providers on the Willamette River below Willamette Falls on messaging and to determine where to locate new regulatory signage. Staff had signs printed in multiple sizes to provide options to facility providers based on their individual site’s needs. Installed signs at the Sellwood and Cathedral Park facilities are shown in the images on the following pages.
03. Staff met with local law enforcement on several occasions to develop an enforcement and outreach plan for the 2021 season. The Multnomah and Clackamas County Sheriff’s Offices have been very involved in these plans to ensure a smooth rollout of the new rules.
04. A rack card explaining the new rules was developed, printed, and provided to law enforcement and interested stakeholders for the purpose of distributing to the boating public. These rack cards (shown on the following pages) are also available at access facilities.
05. Numerous social media posts and press releases have been distributed by the agency to inform boaters and nonboaters alike of the new regulations. Multiple news outlets have run their own stories that have included interviews with agency staff.
06. Many elected officials have shown interest in the Marine Board’s rulemaking proceedings for the Willamette River. Staff have communicated the new regulatory framework to these lawmakers and have addressed questions regarding the new rules, how they will be enforced, and how they will be evaluated.
Item D - Page 4 Sign installed at the Sellwood dock.
Item D - Page 5 Sign at the Cathedral Park boating access site.
Item D - Page 6 New boating rules on THE LOWER WILLAMETTE The Lower Willamette River (from the confluence of the Columbia River upstream to Willamette Falls) is a complex waterway that is shared by many types of boating. There are special rules that regulate operta- tions from the Hawthorne Bridge to Willamette Falls.
Hawthorne Bridge to Waverly Marina There is a seasonal pass through zone (May 1 - September 30) for boats between the Hawthorne Bridge (RM 13.2) and Waverly Marina (RM 17). In this section of river:
All boats may pass through without reducing speed
No PWC’s above 5mph except to transit through the zone
Towed watersports are not permitted in this zone
The penalty for violation of pass through zone rules is a Class B Violation, with a presumptive fine of $265.
Ross Island and Holgate Channel The Holgate Channel and Ross Island Lagoon are slow-no wake only.
For a dynamic web map, visit BoatOregon.com/mapItem D - Page 7 Lower Willamette rules for TOWED WATERSPORTS Like the upper portion of the river, there are special rules for towed watersports between Waverly Marina (RM 17) and Willamette Falls (RM 26.7) . Please consult the below list to see where you can safely and legally do your activity.
Slow No-Wake Areas 100’ 100’ Within 100’ of docks and other structures in the water, boats must operate at slow no-wake speed.
Waterskiing 100’ Waterskiing is permitted at 100’ or more from docks or other structures in the water.
Tubing 200’
Tubing and other inflatables are permitted at 200’ or more from docks or other strucutres in the water.
Wakeboarding 200’
Wakeboarding is permitted at 200’ or more from docks or other structures in the water.
Wakesurfing
Wakesurfing is not permitted in this section of the river. Wakesurfing is permitted below the Hawthorne Bridge. Item D - Page 8 Petition
01. On April 23rd, 2021, OSMB staff received a petition from several parties, including Erin Patterson, Paige Stoyer, Active Watersports, the Water Sports Industry Association, and the National Marine Manufacturers Association, to repeal the adopted boating regulations for the Willamette River in Multnomah and Clackamas Counties. Some of those petitioners were involved with the Rule Advisory Committee that assisted with the rulemaking process.
02. Petitioners assert that the Board violated public meeting laws, violated its own policy by not considering other, less restrictive options, and that there was no demonstrated need for the adopted rules. The petition in its entirety is included on the following pages.
Item D - Page 9
1
2 3 4
5 BEFORE THE OREGON STATE MARINE BOARD
6 In the Matter of: Case No.: ______
7 E. HARVEY ELWIN PETITION TO REPEAL RULE
8 9 Pursuant to OAR 250-001-0040 and OAR 137-001-0070, petitioners Erin Patterson, 10 Paige Stoyer, Active Water Sports, Inc., Water Sports Industry Association, and National Marine 11 Manufacturers Association petition the Oregon State Marine Board to repeal the recent 12 amendments to OAR 250-020-0280 and OAR 250-020-0032.
13 1. 14 The petitioners making this request are: 15 Erin Patterson; 16 Paige Stoyer; Active Water Sports, Inc.; 17 Water Sports Industry Association (“WSIA”); and National Marine Manufacturers Association (“NMMA”) 18 Petitioners are represented by: 19 W. Michael Gillette, OSB #660458 20 Jessica A. Schuh, OSB #164778 Schwabe, Williamson & Wyatt P.C. 21 1211 SW 5th Ave., Suite 1900 Portland, OR 97204 22 Telephone: 503-222-9981 23 2. 24 Other persons interested in the repeal of the rule include (but are not limited to) the all of 25 the persons who articulated opposition to the Rules during the public comment period and in 26 connection with the rule advisory committee.
SCHWABE, WILLIAMSON & WYATT, P.C. Page 1 - PETITION TO REPEAL RULE Attorneys at Law Pacwest Center 1211 SW 5th Ave., Suite 1900 Portland, OR 97204 Item D - Page 10 Telephone 503.222.9981 Fax 503.796.2900 PDX\137408\260802\JSH\30689225.1
1 3. 2 Petitioners request that the Board repeal the recent amendments to OAR 250-020-0280 3 and OAR 250-020-0032 (the “Rules”), which were filed with the Secretary of State on February 4 17, 2021, and are set to go into effect on May 1, 2021.. The Rules: (1) extend existing slow no- 5 wake zones in the Holgate Channel and the Ross Island Lagoon; (2) create a pass-through zone 6 for motorized boats on the Willamette River in the vicinity of Ross Island; (3) add additional 7 regulations for certain boating activities between downtown Portland and Willamette Falls; (4) 8 restrict wake surfing and other boating activities in multiple areas; and (5) define other areas in 9 which all towed watersports with the exception of wake surfing and waterskiing are prohibited. 10 4. 11 The Rules should be repealed for at least the following reasons: 12 5. 13 The Board’s final decision to adopt the Rules was made in violation of ORS 192.630(2). 14 The Board addressed both Rules at the public meeting held on January 27, 2021. During that 15 meeting, the Board originally voted not to adopt the Rules, determining that further consideration 16 of alternatives was needed. Then the Board took a break. On information and belief, members of 17 the Board met in private and deliberated toward their ultimate determination regarding the Rules 18 during that break, outside the public record. These deliberations may have been influenced by 19 off-record comments from third-party lawmakers. When the Board reconvened, it voted on the 20 rules for a second time, this time without substantial discussion. In this second vote, which was 21 based on off-record deliberations, the Board voted to adopt the rules. This deliberation process 22 was in violation of ORS 192.630(2) and renders the resulting vote improper and the final 23 decision to adopt the rules invalid. 24 6. 25 The Rules violate the Board’s existing directive under OAR 250-001-0050(1), which 26 requires the Board to “uphold to the extent practicable the universal right of the public to
SCHWABE, WILLIAMSON & WYATT, P.C. Page 2 - PETITION TO REPEAL RULE Attorneys at Law Pacwest Center 1211 SW 5th Ave., Suite 1900 Portland, OR 97204 Item D - Page 11 Telephone 503.222.9981 Fax 503.796.2900 PDX\137408\260802\JSH\30689225.1
1 navigate and use the waters of the state for boating.” Here, the Board refused to even consider 2 alternatives to the rules that would protect the universal right of the public to use the Willamette 3 River for all boating purposes, instead voting to adopt Rules that improperly favor non- 4 motorized watercraft over all other boaters.
5 7. 6 The Rules violate the Board’s existing directive under OAR 250-001-0050(3), which 7 requires the Board to “seek to resolve problems arising from or between boating activities on a 8 waterway by using a variety of management measures including education, information, signing, 9 voluntary restrictions or increased law enforcement of existing laws before acting to restrict 10 public use and enjoyment of boats.” (Emphasis added). In this case, the rule advisory committee 11 appointed by the Board uniformly recommended that the Board’s goals could be advanced by 12 enforcement of, and education concerning, existing regulations. Despite those recommendations, 13 the Board declined to resolve the perceived problems on the river with management measures 14 such as education or enforcement of existing laws before adopting the Rules, which actively 15 restrict public use and enjoyment of boats. To be sure, the Board has already adopted numerous 16 rules targeted to reducing user conflicts, and the Board has concluded, on the record, that many 17 of the safety concerns on the Willamette River are attributable to issues that could be remedied 18 with additional education and enforcement of existing rules, such as the proper and effective use 19 of personal flotation devices. The Board’s failure to impose such alternative management 20 measures before acting to restrict public use and enjoyment of boats was in violation of OAR 21 250-001-0050(3).
22 8. 23 The Rules violate OAR 250-001-0050(4), which requires the Board to “exercise its 24 regulatory authority based upon sufficient information, public testimony or evidence that 25 establishes a demonstrated need to enact administrative rules.” (Emphasis added). Here, the 26 Rules purport to advance the Board’s concerns regarding “safety” and “impacts on shorelines
SCHWABE, WILLIAMSON & WYATT, P.C. Page 3 - PETITION TO REPEAL RULE Attorneys at Law Pacwest Center 1211 SW 5th Ave., Suite 1900 Portland, OR 97204 Item D - Page 12 Telephone 503.222.9981 Fax 503.796.2900 PDX\137408\260802\JSH\30689225.1
1 and property,” but the record is devoid of information, testimony, or evidence sufficient to 2 establish a demonstrated need for additional restrictions—as opposed to enforcement of existing 3 rules—to advance those goals or that the Rules would provide an effective mechanism for doing 4 so.
5 9. 6 The Rules violate OAR 250-001-0050(4), which requires the Board to “seek the 7 concurrence and recommendations of affected local jurisdictions and authorities before adopting 8 regulations for local waterways.” Although the City of Portland originally supported the Rules, 9 the City withdrew its support after it came to light that the safety rationale for the Rules had been 10 over-stated and was inconsistent with recommendations from applicable public safety agencies. 11 The Board failed to consider the City’s revised position when it voted to adopt the Rules. The 12 Board also failed to seek any input, much less concurrence and recommendations, from multiple 13 other affected municipalities, including the City of Milwaukie.
14 10. 15 The Board failed to comply with OAR 137-001-0007(3) & (4) and ORS 183.333(3), 16 which require the Board to seek and consider recommendations from the rule advisory 17 committee on how to limit negative adverse effects on small business. Although the Board 18 agreed that the Rules will negatively impact small businesses, it concluded—without analysis or 19 explanation—that “[t]he agency does not believe that there are other ways to achieve the 20 substantive goals of the proposed rules that can mitigate this impact to businesses.” However, 21 that conclusion was directly contrary to the recommendations of the rule advisory committee and 22 other evidence in the record, which uniformly demonstrate that the Board’s concerns could be 23 effectively addressed with enforcement of, and education concerning, existing regulations.
24 11. 25 The Board violated OAR 137-001-0018(2) and ORS 183.540, which requires the Board 26 to take action to limit any significant adverse effect on small businesses to the extent consistent
SCHWABE, WILLIAMSON & WYATT, P.C. Page 4 - PETITION TO REPEAL RULE Attorneys at Law Pacwest Center 1211 SW 5th Ave., Suite 1900 Portland, OR 97204 Item D - Page 13 Telephone 503.222.9981 Fax 503.796.2900 PDX\137408\260802\JSH\30689225.1
1 with the public health and safety purposes of the rule. Again, the record in no way demonstrates 2 that the ostensible purposes of the rule could not be achieved in a manner that is substantially 3 less intrusive and costly to small businesses—i.e., the enforcement of, and education concerning, 4 existing regulations. The agency’s failure to even consider that approach was in violation of its 5 duty to consider and adopt alternatives that would be less devastating for local businesses.
6 12. 7 Pursuant to the requirements of OAR 137-001-0070(2), petitioners offer the following 8 additional comments relating to the proposed rule repeal. 9 a. Multiple options exist for achieving the Rules’ substantive goals while reducing 10 the negative impact on businesses, namely enforcement of, and education concerning, existing 11 regulations. 12 b. Because regulations exist that would effectively achieve the Rules’ substantive 13 goals if adequately enforced and communicated to the public, there is no continuing need for the 14 Rules. 15 c. The Rules insert unnecessary complexity into the existing regulatory framework, 16 which already includes numerous rules geared toward addressing the substantive goals of the 17 Rules. The Rules purport to adopt a complicated amalgamation of slow-no wake, pass-through 18 zones, and activity-specific restrictions in an effort to achieve safety goals that could be 19 advanced by enforcement of the comparatively simple and straightforward safety rules that 20 already exist. Given the difficulty the agency has encountered in enforcing and educating the 21 public about the existing regulations, there is no rational basis for inserting additional 22 unnecessary complexity into a regulatory framework that likely would be effective if properly 23 administered. 24 d. The Rules conflict with the statutes and regulations identified above, and they 25 overlap with, and are unnecessarily duplicative of, existing safety regulations, including but not 26 limited to the following: OAR 250-010-0025 (providing for slow-no wake zones “within 200
SCHWABE, WILLIAMSON & WYATT, P.C. Page 5 - PETITION TO REPEAL RULE Attorneys at Law Pacwest Center 1211 SW 5th Ave., Suite 1900 Portland, OR 97204 Item D - Page 14 Telephone 503.222.9981 Fax 503.796.2900 PDX\137408\260802\JSH\30689225.1
1 feet of a boat launch ramp, marina with a capacity for six or more moored vessels, floating 2 home/boathouse moorage with six or more contiguous structures, and locations where persons 3 are working at water level on floats, logs or waterway construction”); OAR 250-010-0075 4 (authorizing boating safety/education assistance programs); OAR 250-010-0154 (requiring the 5 use of personal flotation devices); OAR 250-010-0201 to 250-010-0275 (providing for various 6 forms of waterway markers); OAR 250-010-0430 to 250-010-0470 (authorizing the use of 7 breath-testing equipment); OAR 250-010-0500 to 250-010-0560 (authorizing an offender 8 education program); and OAR 250-021-0010 to 250-021-0100 (providing safety rules for the 9 operation of personal watercraft). 10 e. The proposed repeal of the Rules is not related to changes in technology, 11 economic conditions, or other factors in the area affected by the Rules since they were adopted.
12 13. 13 Pursuant to OAR 137-001-0070(3), the agency is required to invite public comment, 14 including on whether alternative options exist for achieving the Rules’ substantive goals in a way 15 that reduces the negative impact on businesses, before denying this petition. 16 PRAYER FOR RELIEF 17 For the reasons stated herein, petitioners respectfully request that the Oregon State 18 Marine Board repeal the Rules in question. 19 Dated April 23, 2021.
20 SCHWABE, WILLIAMSON & WYATT, P.C. 21
22 By: s/ Jessica A. Schuh W. Michael Gillette, OSB #660458 23 Jessica A. Schuh, OSB #164778 1211 SW 5th Ave., Suite 1900 24 Portland, OR 97204 Telephone: 503-222-9981 25 Of Attorneys for Petitioners
26
SCHWABE, WILLIAMSON & WYATT, P.C. Page 6 - PETITION TO REPEAL RULE Attorneys at Law Pacwest Center 1211 SW 5th Ave., Suite 1900 Portland, OR 97204 Item D - Page 15 Telephone 503.222.9981 Fax 503.796.2900 PDX\137408\260802\JSH\30689225.1
1 CERTIFICATE OF SERVICE 2 I hereby certify that on April 23, 2021, I caused to be served the foregoing PETITION 3 TO REPEAL RULE on the following parties as shown below:
4 Oregon State Marine Board P.O. Box 14145 5 Salem, OR 97309 [email protected] 6 By: 7 U.S. Postal Service, ordinary first class mail 8 U.S. Postal Service, certified or registered mail, return receipt requested 9 hand delivery facsimile 10 via email other (specify) Email 11 12 s/ Jessica A. Schuh 13 Jessica A. Schuh, OSB #164778
14
15 16 17 18 19 20 21 22 23 24 25 26
SCHWABE, WILLIAMSON & WYATT, P.C. Page 1 - PETITION TO REPEAL RULE Attorneys at Law Pacwest Center 1211 SW 5th Ave., Suite 1900 Portland, OR 97204 Item D - Page 16 Telephone 503.222.9981 Fax 503.796.2900 PDX\137408\260802\JSH\30689225.1 Public Comment
01. Public comments on the petitions were solicited from May 17th to June 6th. Many comments were received both for and in opposition to repealing the recently adopted rules.
02. Most comments were similar to those received throughout the rulemaking process. Some commenters believe that the rules should be repealed because they are unfair, exclusive in nature, or may cause crowding in certain areas. Others support the new rules and therefore oppose consideration of repeal. Their reasons are the same as those heard during rulemaking: safety of all river users, protection of habitat and property, and that regulations are needed to reflect the diverse use of the Willamette in and around Portland.
Staff Considerations and Recommendation
01. The rulemaking process that culminated in the adoption of the new regulations in January, 2021 was the most comprehensive one that the Oregon State Marine Board has ever undertaken. For over a year, the Board considered many perspectives, stakeholder opinions, and regulatory options, and heard from an incredibly wide array of interested parties. This resulted in rules that, while not addressing all concerns or satisfying all stakeholders, represent a framework that best balances the safety and opportunity for all users.
02. No new substantive information has been brought forward in this petition or public comment period that justifies restarting the rulemaking process, therefore invalidating the work of the Board, OSMB staff, a Rule Advisory Committee, and countless interested stakeholders.
03. Boaters are wary of year-to-year regulatory changes, and a lack of consistency in rules leads to understandable frustration. Additionally, law enforcement often points out that the most important factor in determining compliance with rules is the length of time that the rules have been in place. For boating regulations, we know that it takes three to five years before compliance and effectiveness of rules can accurately be evaluated. Over time, the Board may decide to reexamine regulations on the Lower Willamette River, but that decision should be made on an evaluation of river conditions over an extended time period.
04. As was mentioned previously, OSMB staff have spent significant time and money to update signage and inform the boating public about the current regulations. This comes at the cost of other law enforcement, boating facility, outreach and education, boating safety, and policy priorities. Although the Board should continue to make decisions
Item D - Page 17 prioritizing the needs of boaters and water users, the cost of implementation of new rules should not be ignored.
05. Information on the new rules is now widespread. Reversing course on those rules less than two months after they have gone into effect risks the Board’s credibility with stakeholders and elected officials.
06. The petition alleges that the Board did not follow proper procedures in its rulemaking process and that it has violated its own rules for how local boating regulations are considered and created. The petitioners have also submitted a legal appeal to the Department of Justice with those same claims. Staff do not believe that these arguments have merit. However, these accusations will be handled by the State’s legal counsel and should not influence the Board’s decision on the petition.
07. Given the points above, staff strongly recommends the Board deny the petition to repeal recent rule amendments for the Willamette River in Multnomah and Clackamas Counties.
Item D - Page 18 Item E: 2023 Legislative Agenda Discussion
01. The agency will need to submit 2023 legislative concepts near the end of 2021. To meet that timeline, at the October Board meeting staff will ask the Board to approve any legislative concepts the agency will move forward with for the 2023 Session.
02. At this time, staff does not anticipate the need for a fee increase in 2023. We will conduct a financial analysis prior to October to confirm that we will not need to seek a fee increase or reduce expense in the 23-25 biennium.
03. Over the last several Board meetings, there has been discussions on several topics that staff anticipates forming legislative concepts around. Currently, staff is planning to develop concepts for boating safety, abandoned and derelict vessel and potentially the guide and charter programs.
04. Board input on those topics, particularly on personal floatation devices, would be helpful for staff as we formulate the concepts to bring before the Board in October.
05. Any legislative concepts the Board approves in October will be submitted as part of the Executive Branch legislative process. The Governor’s Office reviews agency legislative concepts, determines which concepts can be submitted to the legislature for their consideration.
The agency always has the right to withdraw a concept at any time but cannot submit concepts after the deadline. For an agency the size of the Marine Board, generally 1-3 legislative concepts would be considered a typical amount for the agency to put forward.
Item E - Page 1 Item F: Onboarding Guide Review
01. At the May 2020 Board Meeting, Board Members requested that staff bring back the New Board Member Onboarding Guide for annual review at the June/July Board Meetings.
02. The Onboarding Guide has had a few minor personnel updates since the May 2020 Board Meeting.
03. Any suggested updates or additions from the Board Members can be incorporated into the Onboarding Guide and brought back for review at the October 2021 Board Meeting.
Item F - Page 1 Item G: Executive Session
01. Per ORS 192.660 (2)(i) the Marine Board will meet in Executive Session.
Item G - Page 1 Item H: Election of Marine Board Officers
01. Election of Board Officers for July 2021 – June 2022
Board Member Term Ends Vince Castronovo June 2021 (end of first term) Craig Withee June 2021 (end of first term) Laura Jackson June 2023 (end of first term) Colleen Moran June 2023 (end of first term) Val Early June 2020 (end of second term)
02. Nomination and Vote
Item H - Page 1 Item I: Board Meeting Timelines 01. Staff will be working off the following timelines for future Board Meeting topics. The Board may direct staff at any time to change the timeline or topic.
June 2021 Statewide Boaters with Disabilities Work Session June 2021 Cycle 1 Grants June 2021 Board Member Onboarding Guide Annual Review October 2021 Legislative Concept Work Session October 2021 Year 1 NOAA ADV Grant Implementation Report October 2021 Goal 15 Presentation by DLCD *Could change based on DLCD staff availability
Item I - Page 1