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Friday- 1:00 p.m. Monday- 7:00 p.m. Thursday-9:30a.m. COUNTYCOURTJOllRNAi NOTICE OF BOARD WORKSHOP AND BOARD MEETING of the TILLAMOOK COUNTY BOARD OF COMMISSIONERS Also sitting as the Board of the SOLID WASTE SERVICE DISTRICT, THE 4-H AND EXTENSION SERVICE DISTRICT AND COUNTY ROAD DISTRICT to be held Wednesday, July 15, 2015 Workshop at 8:30 a.m. Commissioners' Meeting Room B County Courthouse, 201 Laurel Avenue, Tillamook, Oregon Board Meeting at 10:00 a.m. Commissioners' Meeting Room A County Courthouse, 201 Laurel Avenue, Tillamook, Oregon BOARD OF COMMISSIONERS Tim Josi, Chair E-mail: [email protected] Mark Labhart, Vice Chair E-mail: [email protected] Bill Baertlein, Commissioner E-mail: [email protected] 201 Laurel Avenue Tillamook, Oregon 97141 Phone: (503) 842-3403 FAX: (503) 842-1384 ANY QUESTIONS? Contact Paul Levesque(503)842-1809 E-mail: [email protected] COUNTY WEBSITE: http://www.co.tillamook.or.us WATCH THIS MEETING ONLINE: tctvonline.com OR ON TV: TCTV Channel 4 Saturday- 3:30 a.m. Tuesday-10:00 p.m. Sunday-7:00p.m. Wednesday- 7:00 a.m. FILED \ t{-1 7p AUG 6 2015 TASSi O'NEIL s.r- COUNyy CLERK ' NOTE: The Board of Commissioners reserves the right to recess to Executive Session as may be required at any time during this meeting, pursuant to ORS 192.660(1 ). NOTE: The Tillamook County Courthouse is accessible to persons with disabilities. If special accommodations are needed for persons with hearing, visual or manual impairments who wish to participate in the meeting, please contact (503) 842-3403 at least 24 hours prior to the meeting so that the appropriate communications assistance can be arranged.

COUNTYCOURTJOllRNAi s.r...Jul 15, 2015  · COUNTYCOURTJOllRNAi NOTICE OF BOARD WORKSHOP AND BOARD MEETING of the TILLAMOOK COUNTY BOARD OF COMMISSIONERS Also sitting as the Board

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Page 1: COUNTYCOURTJOllRNAi s.r...Jul 15, 2015  · COUNTYCOURTJOllRNAi NOTICE OF BOARD WORKSHOP AND BOARD MEETING of the TILLAMOOK COUNTY BOARD OF COMMISSIONERS Also sitting as the Board

Friday- 1:00 p.m. Monday- 7:00 p.m. Thursday-9:30a.m.

COUNTYCOURTJOllRNAi

NOTICE OF BOARD WORKSHOP AND BOARD MEETING of the

TILLAMOOK COUNTY BOARD OF COMMISSIONERS Also sitting as the Board of the

SOLID WASTE SERVICE DISTRICT, THE 4-H AND EXTENSION SERVICE DISTRICT

AND COUNTY ROAD DISTRICT to be held

Wednesday, July 15, 2015 Workshop at 8:30 a.m.

Commissioners' Meeting Room B County Courthouse, 201 Laurel Avenue, Tillamook, Oregon

Board Meeting at 10:00 a.m. Commissioners' Meeting Room A

County Courthouse, 201 Laurel Avenue, Tillamook, Oregon

BOARD OF COMMISSIONERS

Tim Josi, Chair E-mail: [email protected]

Mark Labhart, Vice Chair E-mail: [email protected]

Bill Baertlein, Commissioner E-mail: [email protected]

201 Laurel Avenue Tillamook, Oregon 97141

Phone: (503) 842-3403 FAX: (503) 842-1384

ANY QUESTIONS? Contact Paul Levesque(503)842-1809

E-mail: [email protected]

COUNTY WEBSITE: http://www.co.tillamook.or.us

WATCH THIS MEETING ONLINE: tctvonline.com OR ON TV: TCTV Channel 4

Saturday- 3:30 a.m. Tuesday-10:00 p.m.

Sunday-7:00p.m. Wednesday- 7:00 a.m.

FILED \ t{-1 7p

AUG ~. 6 2015 TASSi O'NEIL s.r­

COUNyy CLERK

'

NOTE: The Board of Commissioners reserves the right to recess to Executive Session as may be required at any time during this meeting, pursuant to ORS 192.660(1 ).

NOTE: The Tillamook County Courthouse is accessible to persons with disabilities. If special accommodations are needed for persons with hearing, visual or manual impairments who wish to participate in the meeting, please contact (503) 842-3403 at least 24 hours prior to the meeting so that the appropriate communications assistance can be arranged.

Page 2: COUNTYCOURTJOllRNAi s.r...Jul 15, 2015  · COUNTYCOURTJOllRNAi NOTICE OF BOARD WORKSHOP AND BOARD MEETING of the TILLAMOOK COUNTY BOARD OF COMMISSIONERS Also sitting as the Board

AGENDA

WORKSHOP- AUDI007-15-2015A.MP3 Chair Josi was absent (National Association of Counties Conference in North Carolina)

CALL TO ORDER: Wednesday, July 15, 2015 8:30 a.m.

1. Welcome & Request to Sign Guest List

2. Public Comment- Non-Agenda Items- There were none.

00:14 UNSCHEDULED: Letter of Appreciation to the Oregon State Marine Board for Memaloose Boat Launch Dredging Grant

3. Public Works Report/Liane Welch a. 01 :23 Discussion Concerning an Order Adopting an Addendum to the Solid Waste Disposal

Site Franchise for the Operations of the Pacific City Transfer Station/David McCall

4. 04:40 Discussion Concerning Modification #1 to Professional Services Agreement #4551 (HHS14/15-011) with CARE, Inc. for Maternal, Infant and Early Childhood Home Visiting (MIECHV)/Marlene Putman

5. 05:13 Discussion Concerning Modification #3 to Professional Services Agreement #4524 (HHS 14/15-01 0) with CARE, Inc. for Healthy Families of Tillamook County Program Services/Marlene Putman

6. 05:33 Discussion Concerning a Grant Agreement to Columbia Pacific Coordinated Care Organization for Enhanced Access to Start-Up Funding/Marlene Putman

7. 09:30 Discussion Concerning a Grant Application to US Department of Health and Human Services (HRSA) for Health Center Expanded Services Supplemental Funding/Marlene Putman

8. Human Resources Report/Mona Hamblen 14:46 Offer of Physician Assistant Position at Step 7 20:08 Teamsters Contract Status

9. 21 :41 Discussion Concerning a Letter Supporting a Proposal to the National Ocean Service, (NOS) the National Oceanic and Atmospheric Administration (NOAA) and Department of Commerce from Oregon State University for the FY 2015 Regional Coastal Resilience Grants Program/Mark Labhart

10. Chief of Staff Report/Paul Levesque a. 22:42 Discussion Concerning an Invoice from the Oregon Parks and Recreation Department

for Tillamook County's Share to Fund the Salmonberry Trail Project Coordinator Position

11 . Staff Report/Rachel Hagerty a. 26:16 Suggestion Box- There were nine comments related to the AFSCME contract

negotiation b. 28:34 Vacancies on Committees

12. 29:10 Board Concerns- Non-Agenda Items- There were none.

Page 3: COUNTYCOURTJOllRNAi s.r...Jul 15, 2015  · COUNTYCOURTJOllRNAi NOTICE OF BOARD WORKSHOP AND BOARD MEETING of the TILLAMOOK COUNTY BOARD OF COMMISSIONERS Also sitting as the Board

13. 29:15 Public Comments - There were none.

ADJOURN- 9:00 a.m.

MEETING- AUDI007-15-2015B.MP3 Chair Josi was absent (National Association of Counties Conference in North Carolina)

CALL TO ORDER: Wednesday, July 15, 2015 10:01 a.m.

1. Welcome & Request to Sign Guest List

2. Public Comment- Non-Agenda Items- There were none.

3. 00:15 Consideration of an Order Adopting an Addendum to the Solid Waste Disposal Site Franchise for the Operations of the Pacific City Transfer Station/David McCall A motion was made by Commissioner Baertlein and seconded by Vice-Chair Labhart. The motion carried with two aye votes. The board signed Order #15-054/SWSD #15-013.

02:09 UNSCHEDULED: Update on County Road Projects

4. 06:18 Consideration of Modification #1 to Professional Services Agreement #4551 (14/15-011) with CARE, Inc. for Maternal, Infant and Early Childhood Home Visiting (MIECHV)/Marlene Putman A motion was made by Commissioner Baertlein and seconded by Vice-Chair Labhart. The motion carried with two aye votes. The board signed the modification.

5. 07:30 Consideration of Modification #3 to Professional Services Agreement #4524 (HHS 14/15-01 0) with CARE, Inc. for Healthy Families of Tillamook County Program Services/Marlene Putman A motion was made by Commissioner Baertlein and seconded by Vice-Chair Labhart. The motion carried with two aye votes. The board signed the modification.

6. 09:40 Consideration of a Grant Agreement to Columbia Pacific Coordinated Care Organization for Enhanced Access to Start-Up Funding/Marlene Putman A motion was made by Commissioner Baertlein and seconded by Vice-Chair Labhart. The motion carried with two aye votes. The Vice-Chair signed the agreement.

7. 08:30 Consideration of a Grant Agreement to US Department of Health and Human Services (HRSA) for Health Center Expanded Services Supplemental Funding/Marlene Putman A motion was made by Commissioner Baertlein and seconded by Vice-Chair Labhart. The motion carried with two aye votes. The board signed the agreement.

8. 11 :46 Consideration of a Letter Supporting a Proposal to the National Ocean Service, (NOS) the National Oceanic and Atmospheric Administration (NOAA) and Department of Commerce from Oregon State University for the FY 2015 Regional Coastal Resilience Grants Program/Mark Lab hart A motion was made by Vice-Chair Labhart and seconded by Commissioner Baertlein. The motion carried with two aye votes. The board signed the letter.

16:00 UNSCHEDULED: Letter of Appreciation to the Oregon State Marine Board for Memaloose Boat Launch Dredging Grant A motion was made by Vice-Chair Labhart and seconded by Commissioner Baertlein. The motion carried with two aye votes. The board signed the letter.

Page 4: COUNTYCOURTJOllRNAi s.r...Jul 15, 2015  · COUNTYCOURTJOllRNAi NOTICE OF BOARD WORKSHOP AND BOARD MEETING of the TILLAMOOK COUNTY BOARD OF COMMISSIONERS Also sitting as the Board

Vice-Chair Labhart recessed the meeting at 10:21 a.m.

Vice-Chair Labhart reconvened the meeting at 10:30 a.m.- AUDI007-15-2015C.MP3

10:30 a.m. 9. 00:01 Second Public Hearing Concerning Adoption of Proposed Fifth Amendment to Tillamook

County Solid Waste Ordinance No. 4/Liane Welch, David McCall

10. 01:10 Consideration of Fifth Amendment to Tillamook County Solid Waste Ordinance No.4/Liane Welch, David McCall A motion was made by Commissioner Baertlein and seconded by Vice-Chair Labhart. The motion carried with two aye votes. The board signed Ordinance No. 4, Amendment No. 5.

11. 17:46 TAKEN OUT OF ORDER: Board Concerns - Non-Agenda Items & Announcements Vice-Chair Labhart read the Board Announcements (AUDI007-15-2015B.MP3)

12. Public Comments

ADJOURN- 10:32 a.m.

Page 5: COUNTYCOURTJOllRNAi s.r...Jul 15, 2015  · COUNTYCOURTJOllRNAi NOTICE OF BOARD WORKSHOP AND BOARD MEETING of the TILLAMOOK COUNTY BOARD OF COMMISSIONERS Also sitting as the Board

AGENDA

WORKSHOP

CALL TO ORDER: Wednesday, July 15,2015 8:30a.m.

1.

2.

3.

4.

5.

6.

7.

8.

9.

10.

11.

12.

13.

Welcome & Request to Sign Guest List

Public Comment- Non-Agenda Items

Public Works Report/Liane Welch a. Discussion Concerning an Order Adopting an Addendum to the Solid Waste Disposal Site

Franchise for the Operations of the Pacific City Transfer Station/David McCall

Discussion Concerning Modification #1 to Professional Services Agreement #4551 (14/15-011) with CARE, Inc. for Maternal, Infant and Early Childhood Home Visiting (MIECHV)/Marlene Putman

Discussion Concerning Modification #3 to Professional Services Agreement #4524 (HHS 14/15-01 0) with CARE, Inc. for Healthy Families of Tillamook County Program Services/Marlene Putman

Discussion Concerning a Grant Application to Columbia Pacific Coordinated Care Organization for Enhanced Access to Start-Up Funding/Marlene Putman

A~ r .._t..,.._I!..A + Discussion Concerning a Grant Application to US Department of Health and Human Services (HRSA) for Health Center Expanded Services Supplemental Funding/Marlene Putman

Human Resources Report/Mona Hamblen

Discussion Concerning a Letter Supporting a Proposal to the National Ocean Service, (NOS) the National Oceanic and Atmospheric Administration (NOAA) and Department of Commerce from Oregon State University for the FY 2015 Regional Coastal Resilience Grants Program/Mark Labhart

Chief of Staff Report/Paul Levesque a. Discussion Concerning an Invoice from the Oregon Parks and Recreation Department for

Tillamook County's Share to Fund the Salmonberry Trail Project Coordinator Position

Staff Report/Sue Becraft a. Suggestion Box

Board Concerns - Non-Agenda Items

Public Comments

ADJOURN

MEETING

CALL TO ORDER: Wednesday, July 15,2015 10:00 a.m.

1. Welcome & Request to Sign Guest List

2. Public Comment- Non-Agenda Items

Page 6: COUNTYCOURTJOllRNAi s.r...Jul 15, 2015  · COUNTYCOURTJOllRNAi NOTICE OF BOARD WORKSHOP AND BOARD MEETING of the TILLAMOOK COUNTY BOARD OF COMMISSIONERS Also sitting as the Board

LEGISLATIVE-ADMINISTRATIVE

3.

4.

5.

6.

7.

8.

Consideration of an Order Adopting an Addendum to the Solid Waste Disposal Site Franchise for the Operations of the Pacific City Transfer Station/David McCall

Consideration of Modification #1 to Professional Services Agreement #4551 (14/15-011) with CARE, Inc. for Maternal, Infant and Early Childhood Home Visiting (MIECHV)/Marlene Putman

Consideration of Modification #3 to Professional Services Agreement #4524 (HHS 14/15-010) with CARE, Inc. for Healthy Families of Tillamook County Program Services/Marlene Putman

Consideration of a Grant Application to Columbia Pacific Coordinated Care Organization for Enhanced Access to Start-Up Funding/Marlene Putman

A5'"-"-"' ..... -+-Consideration of a Grant AppiTcation to US Department of Health and Human Services (HRSA) for Health Center Expanded Services Supplemental Funding/Marlene Putman

Consideration of a Letter Supporting a Proposal to the National Ocean Service, (NOS) the National Oceanic and Atmospheric Administration (NOAA) and Department of Commerce from Oregon State University for the FY 2015 Regional Coastal Resilience Grants Program/Mark Labhart

10:30 a.m. 9. Second Public Hearing Concerning Adoption of Proposed Fifth Amendment to Tillamook County

Solid Waste Ordinance No. 4/Liane Welch, David McCall

10. Consideration of Fifth Amendment to Tillamook County Solid Waste Ordinance No.4/Liane Welch, David McCall

11. Board Concerns - Non-Agenda Items & Announcements

12. Public Comments

ADJOURN

BOARD MEETINGS AND ANNOUNCEMENTS

The commissioners will hold an executive session on Wednesday, July 15, 2015 at 3:00p.m. pursuant to ORS 192.660(2)(i) to conduct a performance evaluation. The executive session will held in conference Room B at the Tillamook County Courthouse, 201 Laurel Avenue, Tillamook, Oregon. The executive session is not open to the public.

The commissioners will hold a workshop on Thursday, July 16, 2015 at 3:00p.m. with the county staff to discuss the Chief of Staff position. The workshop will be held in conference B at the Tillamook County Courthouse, 201 Laurel Avenue, Tillamook, Oregon.

The commissioners will hold a workshop on Monday, July 20, 2015 at 9:00a.m. with the Coos County Commissioners to discuss Tillamook County's transient lodging tax. The workshop will be held in conference B at the Tillamook County Courthouse, 201 Laurel Avenue, Tillamook, Oregon.

The commissioners will not hold a workshop or board meeting on Wednesday, August 5, 2015 in order to participate in activities and events at the Tillamook County Fair.

Page 7: COUNTYCOURTJOllRNAi s.r...Jul 15, 2015  · COUNTYCOURTJOllRNAi NOTICE OF BOARD WORKSHOP AND BOARD MEETING of the TILLAMOOK COUNTY BOARD OF COMMISSIONERS Also sitting as the Board

The commissioners will not hold a workshop or board meeting on Wednesday, August 26, 2015. The commissioners will attend the Oregon Coast Economic Summit hosted by the Oregon Legislative Coastal Caucus in Grand Ronde, Oregon.

The commissioners' evening meeting schedule will resume in October.

Page 8: COUNTYCOURTJOllRNAi s.r...Jul 15, 2015  · COUNTYCOURTJOllRNAi NOTICE OF BOARD WORKSHOP AND BOARD MEETING of the TILLAMOOK COUNTY BOARD OF COMMISSIONERS Also sitting as the Board

BOARD OF COMMISSIONERS' WORKSHOP

Mark Labhart Tim Josi

Wednesday, July 15, 2015

Present ~

Absent Bill Baertlein Paul Levesque

Absent

PLEASE PRINT Name Address Item of Interest

lc

(Please use reverse if necessary)

Page 9: COUNTYCOURTJOllRNAi s.r...Jul 15, 2015  · COUNTYCOURTJOllRNAi NOTICE OF BOARD WORKSHOP AND BOARD MEETING of the TILLAMOOK COUNTY BOARD OF COMMISSIONERS Also sitting as the Board

BOARD OF COMMISSIONERS' MEETING

Wednesday, July 15, 2015

Mark Labhart Tim Josi Bill Sargent

PLEASE PRINT Name

Pr~t Absent

,/

Address

Bill Baertlein Paul Levesque

(Please use reverse if necessary)

P~nt Absent / v

Item of Interest

wJ

Page 10: COUNTYCOURTJOllRNAi s.r...Jul 15, 2015  · COUNTYCOURTJOllRNAi NOTICE OF BOARD WORKSHOP AND BOARD MEETING of the TILLAMOOK COUNTY BOARD OF COMMISSIONERS Also sitting as the Board

Oregon Parks and Recreation Department 725 Summer ST NE Suite C Salem OR 97301

INVOICE

Name Tillamook County Atlention: nm Josi Address 201 Laurel Ave ,C:.:.ity:.c.:_/_:S.::ta:_:te:::.:.../ Z='c:. P ___ Tc_:i:_:llamook. OR 97141

Description: IAA 7472-Salmonberry Position funding

Please reference AR003004 on your payment documents.

Invoice No .. AR003004 ·

Invoice Date Due Date

TOTAL

07/0712015 08/06/2015

Total 25,000.00

I s 25,ooo.oo I

Thank you for your prompt attention. Please call Sharrie Cripe 503-986-0710 with questions.

Page 11: COUNTYCOURTJOllRNAi s.r...Jul 15, 2015  · COUNTYCOURTJOllRNAi NOTICE OF BOARD WORKSHOP AND BOARD MEETING of the TILLAMOOK COUNTY BOARD OF COMMISSIONERS Also sitting as the Board

GRANT WORKSHEET FY 2015/2016 BUDGET L.J~Iease check here if no salaries are

funded by this grant If the grant is funding all or part of an employees salary: Fun.dtng Source Code 11701113156G

COMPLETE PAGE 2 OF THIS WORKSHEET Fof Accounting Departmtmt use only

!County Fund & Dept Receiving Grant I Award Period:

1170 ~Health & Human Services I Begin: 9/1/2015

GRANT Common Name GRANT Formal Name HRSA Health Center Expanded Services

HRSA ACA Expanded Services Supplemental Funding Technical Assistance

Everyday name used within your deparlment Complete formal name given to grant by funding source

PLEASE ATTACH COPY OF GRANT AWARD

Source of Funds Grant Number:

Where did the funding come from? If Federal Grant: CFDA Number

Did the funds come directly to the county from the federal government? If State Grant: Number assigned by

Did the funds pass through the State of Oregon or another organization before arrfving at the county? state funding source

~Direct, federal government, dept of HRSA- New Program CFDA: 93.224

DARRA, federal "Stimulus" CFDA:

D Indirect, federal government, dept of CFDA:

and State of Oregon, depUdivision of

Dlndirect, federal government, dept of CFDA:

and another entity or organization

D Direct, State of Oregon, depUdivision of

D Indirect, State of Oregon, dept/division of

via another entity or organization

Oother

I Total Amount of Award: $ 462,800.00

Is this a new grant? Match Requirement Amount Is this a multiyear grant?

~ Yes ldts X I Yes No No I No

How Much:

Payment Method: $ IF Yes:

~ Advance p~ard Dollar Match Amount Applicable to Reimbursement n-Kind (IDENTIFY below) Current Budget Year:

Reporting Cycle $ 231,400.00

Monthly -

Quarterly Grant Administrator: Marlene Putman -Semi~Annual

x Annual Accounting Contact: Irene Fitzgerald

GRANT DATA

Page 12: COUNTYCOURTJOllRNAi s.r...Jul 15, 2015  · COUNTYCOURTJOllRNAi NOTICE OF BOARD WORKSHOP AND BOARD MEETING of the TILLAMOOK COUNTY BOARD OF COMMISSIONERS Also sitting as the Board

GRANT PAYROLL WORKSHEET FUND: 170

FY 2015/2016 BUDGET DEPARTMENT: Health & Human Services

Salary & Benefit Allocation Information

TOTAL GRANT AMOUNT: GRANT AMOUNT ALLOCATED FOR SALARY & BENEFITS:

$231,400 154137.4

Funding Source Code

11701113156G

To assist with payroll distribution setup: ff the grant is funding all or part of an employee's salary, pleases~ HRSA ACA Expanded Sen HRSA Health Center Expanded Services Supplemental Fundin g Technical Assistance

EMPLOYEE POSITION DEPARTMENT

New Hire Dental Coordinator (PH Program Rep) 17002

New Hire Office Specialist II 17002

Marlene Putman HHS Director 17000

X

New Hire Ot;!:ntal Coordinator (PH Program Rep)., 17002

New Hire CH Prograrn ManaQer 17002

Marlene Putman HHS Director .. .... 17000

------

'SALARY AND BENEFITS FUNDED BY GRANT (COLUMN E) IS ANNUAL SALARY & BENEFITS (COLUMN D) DIVIDED BY GRANT AMOUNT ALLOCATED FOR SALARY AND BENEFITS

ANNUAL SALARY AND BENEFITS

71.251.20

67,238.40

156,478.00

. 71,251.20

67,238.40

156,478.00

PAYROLL SETUP

"%SALARY %5&8 & BENEFITS CHARGED

FUNDED BY GRANT TO GRANT

46% 100% * Per requested Calculations

44% 100%

102% 10%

.. ·· $ 71,251.20 100% * For TCHHS Records

$ 67,238.40 100%

$ 15,647.80 10%

X

Page 13: COUNTYCOURTJOllRNAi s.r...Jul 15, 2015  · COUNTYCOURTJOllRNAi NOTICE OF BOARD WORKSHOP AND BOARD MEETING of the TILLAMOOK COUNTY BOARD OF COMMISSIONERS Also sitting as the Board

Health Center Expanded Services Supplemental Funding Technical Assistance Page I of2

www.hrsa.gov ----------- -~~===-Health Center Program

Aclvan£.~~r.m

f~~

Program Requirements Quality Improvement Program Opportunities Health Center Data Federal Tort Claims Act

About Health Centers

Home > program Dpoorwnines

Health Center Expanded Services Supplemental Funding Technical

Assistance

Osharel Q9f~

I FY 2015 Expanded Services lES} Technical Assistance Webloar Recgrding June 30, 2015

• ES lnstrucUons DOC! 1ment (PDF- 210 KB)

• ESAppfication !JserGu!de (PDF-2MB)

• Presentation Slides (PDF- 563 KB)

• Frequently Asked Oues(!ons <FAOs) (PDF- 164 KB}

About Health Center Expanded Services Supplemental Funding

Expanded Services (ES) supplemental funds support increased access to preventive a11d primary health care seJVices at existing Health Center Program grantee sites. HRSA expects to award approximately $350 million through formula-based supplements in Fiscal Year (FY) 2015. All eligible grantees will be notified of the maximum amount of E5 funding they may request. The ES application IMIJ be available in the HRSA Electronic Handbook (EHB) on june 26,2015.

Applications for Expanded Services funding are due by 5:00PM ET on July 20, 201 S.

Expanded Services Program Requirements

Health Center Program grantees requesting Expanded Services funds must demonstrate how these funds will be used to expand the provision of comprehensive primary care services to underserved populations in their service areas.

• Applicants must propose to use at least 80 percent of the Expanded Services funding to increase capacity to provide one or more of the following eligible services:

• Medical services;

• Oral health services;

Behavioral health services;

Pharmacy services; and/or

• Vision services,

• Applicants may propose to use no more than 20 p!!rcr;mt of the Expanded Services funding to increase the avaUabillty of new andior existing enabling services.

Plans to Increase access to primary health care services for underserved populations through the Expanded Services opportunity may include:

• EJ<panded service hours;

• Increased numbers of staff/providers;

• Increased availability of eligible services; andior

• Enhanced enabling services.

Eligible Applicants

Contacts Program Information Sarah Costin Bureau of Primary Health Care

. Office of Policy and Program Development bghc-es®hrsa gov

[ Budget Information ' Clare Oscar

Office of federal Assistance Management Division of Grants Mallagement Operations coscar@hrsa gov

EHB Application Assistance BPHC Helpline

Submit Web Request fprm 1 877· . 974·2742

. Help Resources HRSA Electronic Handbooks fEHBl Reglstratfon and Help

Health Center Program Support Networi<s{PCAs, NCAs, and PCOs)

Sign up to rece[ve the weekly BPHC Primary Health Care Ojgest

Track Grant Application

http://www. bphc.hrsa.gov /programopportunities/fundingopportunities!ExpandedServices/i... 711 0/20 15

Page 14: COUNTYCOURTJOllRNAi s.r...Jul 15, 2015  · COUNTYCOURTJOllRNAi NOTICE OF BOARD WORKSHOP AND BOARD MEETING of the TILLAMOOK COUNTY BOARD OF COMMISSIONERS Also sitting as the Board

Health Center Expanded Services Supplemental Funding Technical Assistance Page 2 of2

Organizations that received Initial Health Center Program grant funding as a new start/new grantee In FY 2015 via a New Access Point, Service Area Competition, or Service Area Competition- Additional Area grant award are not eligible for this supplemental funding. All other organizations receiving Health Center Program operational funds are eligible to apply.

Technical Assistance Resources

• Sample ES Budget !ustification (PDF~ 154 KB)

• Scope of Proier.t Resources and Information lirduding details on Form 5Al

Uniform Data System (UDS) Resources

• HHS Grants Policy Statement (PDF- 2 MB}

Sample Expanded Services Application Forms

The Expanded Services application fs completed fn EHB. Applicants will enter required information directly into the EHB application forms. The blank forms En eluded below are for

demonstration and applicant planning purposes onty.

• SF-4£4 B~ge.Unf9rm.arloQ.E9rm_(PDF- 84 KB)

' fgg~]~J.tJfQILTI!2!Lon l:!!bl~ (PDF· 741 KB)

• federal Object Class Car-egorles Form (PDF· 107 KB)

Staffing Impact Form (PDF- 110 KB)

Patient lmV9ct Forrn (PDF- 93 KB)

Proje-ct Narratjye (PDF· 103 KB)

• Summarv Form (PDF - 142 KB)

• Equioment l jsr (required only as applicable) (PDF- 91 KB)

This supplemental funding opportunity is authorized under section 330 of the Public Health

Service (PHS) Act, as amended and supported by section 10503 of the PaHent Protection and

Affordable Care Act (P.l. 111-148). as amended by the Health care and Education Reconciliation Act (P.L 111-152), collectively referred to as the Affordable Care Act.

Persons using asslstive technology may not be able to fully access Information in some of the

file attachments-. We are working to make all fl(es fully compliant by July 26, 2015 . If you need assistance, please contact Sarah Costin at [email protected].

% Quick Links

• HR5Agov

• open HRSA Funding Opportunities

• BPHC Career Opportunities

• Annual Hgallt! Center Data

• Health Center Program Policies

Health Center Locator

Find a Health Center

Near: Enter a (ocation

( FIND CENTERS

Enter a Clt~.-n.m;e: ZIP cOde; 5U'd1Q, "20002", <JddtesJ, Stat<"ll<lme, or pf<Ke mille'

iZi Contact Us

• Subscribe to weekly BPHC updates

• HRSA News & Even['s

• Key BPHC Staff

• BPHC Helpline or caii1-877-974-

BPHC (27421 8:30am to 5:30 pm ET, Monday

through Friday (except Federal

holidays)

http://www. bphc.hrsa.gov/programopportunities/fundingopportuni ties/ExpandedServices/i... 711 0/2015

Page 15: COUNTYCOURTJOllRNAi s.r...Jul 15, 2015  · COUNTYCOURTJOllRNAi NOTICE OF BOARD WORKSHOP AND BOARD MEETING of the TILLAMOOK COUNTY BOARD OF COMMISSIONERS Also sitting as the Board

GRANT WORKSHEET FY 2015/2016 BUDGET L.J ~lease check here if no salaries are

funded by this grant If the grant is ····· ...........................

...... . ·.······················ ·············· .......................... •.• ·.·.·•··· .·. New Program Code or Revenue Source codeTBD funding all or part of an employees salary: . . " . Fun din!~ Si>uMCode > : ·: . ·• : COMPLETE PAGE 2 OF THIS WORKSHEET . ......... ... . ·.·: ............. · .. ·: : F.Or'ACc04i~tifr~:~j fu~ei:iNiSe. OI11Y : · ........

LCounty Fund & Dept Receiving Grant Award Period:

1170 - Health & Human Services Begin: 7/1/2015

!GRANT Common Name GRANT Formal Name I CPCCO - Enhanced Access CPCCO- Enhanced Access to Care Start-Up Funding program

Everyday name used within your department Complete formal name given to grant by funding source

PLEASE ATTACH COPY OF GRANT AWARD

Source of Funds Grant Number: Where did the funding come from? If Federal Grant: CFDA Number

Did the funds come directly to the county from the federal government? If State Grant: Number assigned by

Did the funds pass through the State of Oregon or another organization before am·ving at the county? state funding source

D Direct, federal government, dept of CFDA:

DARRA, federal "Stimulus" CFDA:

D Indirect, federal government, dept of CFDA:

and State of Oregon, dept/division of

D Indirect, federal government, dept of CFDA:

and another entity or organization

EJ Direct, State of Oregon, dept/division of Columbia Pacific CCO

D Indirect, State of Oregon, dept/division of

via another entity or organization

Dmher

I Total Amount of Award: $ 125,000.00

Is this a new grant? Match Requirement Amount Is this a multiyear grant?

:J Yes dYes I Yes No No X I No

How Much:

Payment Method: $ IF Yes:

~ Advance p~ard Dollar Match Amount Applicable to Reimbursement In-Kind (IDENTIFY below) Current Budget Year:

Reporting Cycle $ 125,000.00 Monthly

-Quarterly Grant Administrator: Marlene Putman - Semi-Annual

x Annual Accounting Contact: Irene Fitzgerald

GRANT DATA

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GRANT PAYROLL WORKSHEET FUND: 170

FY 2015/2016 BUDGET DEPARTMENT: Health & Human Services

Salary & Benefit Allocation Information

TOTAL GRANT AMOUNT: GRANT AMOUNT ALLOCATED FOR SALARY & BENEFITS:

$125,000

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New Hire RN3 (CH Program Manager) 17001 103.027.20

Autumn Bruce CH Program Manager 17001 138,289.00

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'SALARY AND BENEFITS FUNDED BY GRANT (COLUMN E) IS ANNUAL SALARY & BENEFITS (COLUMN D) DIVIDED BY GRANT AMOUNT ALLOCATED FOR SALARY AND BENEFITS

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Tillamook County

Land oj'Chcl!.\'i!, Trcc·1 and Ocean Brt:ce

July 15, 2015

Lisa Warr NOM Office for Coastal Management 1305 East-West Hwy N/OCM6 Room 10626 Silver Spring MD 2091 0

Board of Commissioners Tim Josi. Mark Labhart, Bill Baertlein

2 0 1 Laure I A venue Tillamook, Oregon 97141

Phone 503-842-3403 Fax 503-842-1384

TTY Oregon Relay Service

RE: FY 2015 Regional Coastal Resilience Grants Program

Dear Ms. Warr:

Please accept this letter of support for and collaboration with the project titled "Envisioning Oregon's Coastal Futures: Co-developing resilient coastlines" under the direction of PI Peter Ruggiero at Oregon State University for consideration by NOAA's FY 2015 Regional Coastal Resilience Grants Program.

Through sustained engagement with Oregon Coastal Knowledge-to-Action Networks, the investigators propose to co-develop, with representatives from Tillamook County and others, a scenario modeling tool (Envision) to explore adaptation strategies for increasing resilience to coastal hazards including both acute (tsunami induced) and chronic (climate controlled) hazards. In recently completed pilot efforts in Tillamook County, Oregon, Envision has proven its ability to stimulate decision makers to think deeply and interact productively regarding the decisions they have to make and the potential impacts of those decisions regarding resilience to evolving coastal hazards. Therefore, the proposed work has significant implications for future land use planning in all of Oregon's coastal counties.

Tillamook County supports this proposal and plans on participating in the Knowledge­to-Action Networks for several reasons. First, the level of engagement between Ruggiero and his team and stakeholders such as ourselves has been very productive in recent years and we look forward to assisting in the co-development of useable decision support tools. We have an urgent need along the Oregon coast for projections of the evolving probability of coastal inundation and erosion, and the associated evolving community vulnerability due to development patterns, climate change and variability, and tsunami hazards. We are particularly concerned about the

.~ EQLAL OPPORTUNITY E:\;IPLOYER

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Lisa Warr July 15, 2015 Page 2

uncertainty of future climate change impacts on coastal hazards and the implications to coastal development, the built environment, and the economies of our rural communities. Finally, we are excited about the application of the decision support tool "Envision" to our coastal communities to help us envision future scenarios, assess impacts, and initiate adaptation strategies over the next several decades to increase our resilience.

Once again, we fully support the proposal submitted by Ruggiero and colleagues to the NOAA Office of Coastal Management. Please do not hesitate to contact any of us with questions.

Sincerely,

BOARD OF COMMISSIONERS FOR TILLAMOOK COUNTY~ OREGON

L ~ ... ' / .. ~ '...A[

'

Tim Josi, Chair

Bill Baertlein, Commissioner

G:\LETTERSISUPPORTINOAA Coastal Resilience RFP 2015.doc

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Proposal to the :'olational Ocean Service (NOS), NOAA

(FY 2015 Regional Coastal Resilience Grants Program)

24 July 2015

Envisioning Oregon's Coastal Futures: Co-developing resilient coastlines

Principal Investigator: Dr. Peter Ruggiero Associate Professor College of Earth, Ocean, and Atmospheric Sciences 104 CEO AS Administration Building Oregon State University Corvallis, Oregon 97331 phone: (541) 737-1239; fax: (541) 737-1200 email: pruggier:aJcoas.oregonstatc.edu

Associate Principal Investigators: Dr. John Bolte, Head and Professor Biological & Ecological Engineering, OSU

Dr. Tuba Ozkan-Haller, Professor

Dan Cox, Professor Civil and Construction Engineering, OSU

College of Earth, Ocean, and Atmospheric Sciences Dr. Shelby Walker, Director Oregon Sea Grant

Goals and Objectives: The goal of the proposed work is to combine deep stakeholder engagement, a powerful alternative futures modeling framework, and the robust evaluation of policy and coastal hazard scenarios to inform decision-making and increase resilience within the communities of Oregon's seven coastal counties (Figure 1). Our specific research objectives are as follows:

Objective 1 (Process): Build coastal 'Knowledge to Action Networks' consisting of collaborative teams of stakeholders, researchers, and outreach specialists who will co­produce knowledge, information, and tools to develop climate/tsunami-resilient strategies in Oregon's coastal counties.

OeCISJOn-makers (loca 1/state/federa I)

Figure I. Schematic illustrating proposed project approach.

Objective 2 (Modeling): Envision future scenarios, quantitatively assess impacts and associated evolving community and ecosystem resilience using an established multi-agent model specifically designed to allow exploration of the interactive dynamics and feedbacks of coupled natural and human systems in a spatially explicit, scenario-driven, policy-centric framework.

Objective 3 (Risk Communication): Develop the 'Coastal Resilience Explorer' to engage both the public and key decision makers for building adaptive capacity for community resilience at a regional, and transferable, scale.

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Background and Motivation: Sea level rise (SLR), changing storminess patterns, and development have exposed Oregon's coastal communities to increased chronic coastal change and flooding hazards. Several Oregon communities are at high risk from these hazards and local decision makers lack tools for developing adaptive capacity to reduce vulnerability, particularly under climate change. People in the state want to understand the drivers and the impacts of change, and they need to develop climate-resilient adaptation strategies. Oregon is also exposed to one of the most extreme acute coastal hazards in the world, that of a major subduction zone. A large magnitude earthquake along this fault will trigger a tsunami wave over I 0 m high, which will hit the PNW coast within 30 minutes. Appropriately planning for this catastrophic hazard can save thousands of lives and millions of dollars.

Several sectors (local community groups, land use planners, emergency managers) have begun to define responses for both chronic and acute coastal hazards. Ideally, these responses will result in improved ability of coastal jurisdictions to prepare for, absorb impacts of, recover from, and/or adapt to adverse events and changing conditions. For example, some of these groups want to evaluate the costs and benefits of maintaining relatively modest rip rap revetments, constructing coastal barriers, supporting perpetual beach nourishment programs, restoring sand dune stabilizing vegetation (green infrastructure), or migrating infrastructure inland (managed retreat). They have expressed their wish to engage with experts to begin envisioning possible coastal futures at time scales of years to decades. Through sustained engagement with Coastal Knowledge-to-Action Networks (KTANs), we propose to co-develop a scenario modeling tool (Envision) to explore adaptation strategies for

Value of Property Impacted by coastal Flooding increasing resilience to both acute and chronic coastal hazards throughout the Oregon coast. Envision is a spatially explicit multi-agent modeling platform supporting scenario-based planning to examine interactions between the

~-.-"/ coupled natural and human system. We will .... /--· explore a range of co-developed alternative

i ·~· !",,./ futures related to policy decisions and % /... socioeconomic trends developed from r: ... · .. ~'~;::./< ______ .- ..... f·····/_._.. stakeholder input. We will quantify the impact

.. , __ • _ of both policy scenario narratives and climate ~~'::.->~~ change/tsunami scenarios on a range of >!)'-) -"':-s :'(W(! r:! :>am :orw, ~:oo stakeholder defined metrics (Figure 2).

Figure 2. Value of property impacted by coastal flooding. Envision has proven its ability to stimulate decision makers to think deeply and interact productively regarding the decisions they have to make and the potential impacts of those decisions. For example, in pilot efforts we have compared combinations of several climate change and policy scenarios through various landscape metrics identified as important by stakeholders. Figure 2 gives results of one example metric, the tax assessed value of property in Tillamook County, OR impacted by flooding, under six policy scenarios (colors indicate scenario) and under a range of climate impact scenarios (sea level rise, changing patterns of storminess, increases/decreases in El Niiio frequency).

Outputs and Outcomes: Specific outcomes from this project that will reduce risk to coastal hazards by increasing resilience include:

• A suite of climate/tsunami-resilient policies for guiding future development along the Oregon coast- co­developed by our KTANs to be feasible and implementable at the county and state level.

o A dynamic assessment of community exposure to tsunami hazards under multiple population growth and development scenarios.

• A methodology for projecting the evolving probability of extreme climate change-driven total water levels (TWLs) for inclusion in regional-scale coastal vulnerability and adaptation planning analyses.

• Incorporation of a newly developed bio-economic model into our alternative future modeling designed to maximize return on infrastructure investments, generating results leading to an understanding of many of the potential co-benefits related to nature-based (green) infrastructure designed for coastline stabilization.

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ANNOUNCEMENT OF FEDERAL FUNDING OPPORTUNITY

EXECUTIVE SUMMARY

Federal Agency Narne(s): National Ocean Service (NOS), National Oceanic and Atmospheric

Administration (NOAA), Department of Commerce

Funding Opportunity Title: FY 2015 Regional Coastal Resilience Grants Program

Announcement Type: Initial

Funding Opportunity Number: NOAA-NOS-OCM-2015-2004324

Catalog of Federal Domestic Assistance (CFDA) Number: 11.473, Coastal Services Center

Dates: Applications must be postmarked, provided to a delivery service, or received by www.Grants.gov by II :59 p.m. Eastern Time on July 24, 2015. See also Section IV. C and F of

this FFO.

Funding Opportunity Description: The purpose of this notice is to solicit proposals from eligible entities to develop or implement activities that build resilience of coastal regions, communities, and economic sectors to the negative impacts from extreme weather events, climate hazards, and changing ocean conditions. Successful applicants will develop proposals that plan or implement actions that mitigate the impacts of these environmental drivers on overall resilience, including economic and environmental resilience.

Funds will be available to support activities that:

Identify and address priority data, information, and capacity gaps

Develop tools, as needed, to inform sound, science-based decisions, which support regional efforts to plan for a resilient ocean and coastal economy

- Acquire and integrate socioeconomic information with physical and biological information to improve the assessment of risk and vulnerability for planning and decision making

- Understand how hazards and changing ocean conditions affect coastal economies, including existing and emerging sectors that depend on the ocean and coasts

- Develop the information and approaches needed for improved risk communication, and the necessary tools, technical assistance and training tailored toward enhanced resilience to weather events, climate hazards, and changing ocean conditions

Evaluate the costs, benefits, and tradeoff's of systems-based development or redevelopment

1

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approaches that incorporate both natural defenses and hard structural solutions

- Support the development of sustainable recovery, redevelopment, and adaptation plans and implement programs and projects that incentivize rebuilding and development approaches which reduce risk and increase resilience

Proposals submitted in response to this announcement shall employ a regional approach that results in improved ability of multiple coastal jurisdictions to prepare for, absorb impacts of, recover from, and/or adapt to adverse events and changing environmental, economic, and social conditions. Proposals should demonstrate coordinated effort of multiple jurisdictions (e.g., states, tribes, territories, counties, municipalities, regional organizations, etc.) and/or state or local managed areas within a specified geographic region and involve the appropriate range of partners and stakeholders to ensure project success.

Collaborative projects that leverage NOAA supported programs, products, partnerships or services and support federal, tribal, state, regional, county or local plans and partnerships are preferred. Also preferred are proposals that leverage other Administration priorities and other federal resilience investments. Eligible funding applicants are: nonprofit organizations; private (for profit) entities; institutions of higher education; and state, territorial, tribal, local governments as defined at 2 C.F.R. § 200.64, which includes counties, municipalities, and cities; and regional organizations (as defmed in this announcement).

Applicants must conduct projects benefiting coastal communities within one or more of the following U.S. states and territories: Alabama, Alaska, American Samoa, California, Connecticut, Delaware, Florida, Georgia, Guam, Hawaii, Illinois, Indiana, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, New Hampshire, New Jersey, New York, North Carolina, Northern Mariana Islands, Ohio, Oregon, Pennsylvania, Puerto Rico, Rhode Island, South Carolina, Texas, Virginia, Virgin Islands (US), Washington, and Wisconsin. This competition is one of two competitions being administered by NOAA to build coastal resilience. The companion competition, Coastal Ecosystem Resilience Grants, is being administered by NOAA's National Marine Fisheries Service (NMFS) to improve the resiliency of ocean and coastal ecosystems.

2

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FULL ANNOUNCEMENT TEXT

I. Funding Opportunity Description

A. Program Objective

The objectives of the Regional Coastal Resilience Grants program, administered by NOAA's National Ocean Service, are to support actions that build resilience of U.S. communities and existing and emerging economic sectors, and to do so using regional approaches. In addition, NOAA's National Marine Fisheries Service is administering a complementary FY2015 Coastal Ecosystem Resilience Grants program to support implementation of actions that build resilience of U.S. coastal and ocean ecosystems. Together, these companion programs are intended to address increasing risk associated with extreme weather events, climate hazards, and changing ocean conditions by supporting activities that are critical to our nation's economy and NOAA's mission to safeguard people and infrastructure, facilitate commerce, and conserve and restore coastal and marine

resources.

Our nation's economy is inextricably linked to the health and productivity of our coasts. Revenue from maritime commerce, commercial fishing, aquaculture and tourism all contribute to diverse and healthy coastal economies. Coastal counties contribute $6.6 trillion, or just under half of the country's gross domestic product. to the U.S. economy and are home

to almost 40 percent of the U.S. population. Extreme weather events, climate hazards, and changing ocean conditions all have significant impacts on coastal communities and our national economy. Because of their location within low-lying areas, coastal infrastructure (e.g. roads, drainage systems, treatment systems, ports, small harbors, parks, docks, marinas, piers, and other public infrastructure) and businesses are highly vulnerable and particularly susceptible. Between 2010 and 2014, NOAA documented 41 narural disasters in the United States caused by floods, severe storms, and tropical cyclones with losses exceeding $1 billion (CPI-Adjusted) with 68% (28) of those events impacting coastal states. On just the east and Gulf coasts of the U.S. alone, the insured value and cost to replace residential and commercial structures tops S8.9 trillion. In addition, the U.S. coastal population is projected to grow by 8% by 2020 (increasing by 10 million for a total population of approximately 134 million) resulting in increasing demand on natural areas and ocean resources for commercial activities (e.g. marine transportation, tourism, energy, etc), recreation, and food from fishing

and aquaculrure.

In light of these threats, developing and implementing actions that build coastal

3

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community resilience makes economic sense and promotes security. This program is intended to encourage actions that provide both economic and environmental co-benefits for

communities. It is well understood that healthy coastal ecosystems contribute to healthy coastal economies and the two cannot be effectively addressed in isolation. As such, actions to build resilience that provide both economic and environmental benefits are likely to be highly effective in building resilience of coastal communities. Another primary objective of

this program is to support development and implementation of regional approaches to building resilience of coastal communities. The complexity involved in building resilience often requires information, knowledge, and skills that are distributed across a diverse group of organizations and sectors. Thus, in the context of this program a regional approach to implementing resilience strategies is expected to be highly collaborative. The approach

involves leveraging resources and mechanisms (human, financial, data/information, programs, partnerships), builds coordination across jurisdictions and/or sectors and results in new or additional local capabilities and capacity across a broad geographic area. The geographic scale for a regional approach may be multi-state, multi-county, multi-city/town, or multi-site.

Proposals for this competition should address specific, identified needs of coastal communities (i.e., hazard mitigation, climate adaptation, disaster redevelopment, land and ocean use, watershed plans, etc.). Appropriate activities to build community resilience may include, but are not limited to, developing or implementing plans, policies, regulations, guidelines and incentives that enhance community preparedness, recovery, or adaptation to extreme weather, climate hazards, and/or changing ocean conditions.

Funds will be available to support activities that:

Identify and address priority data, information, and capacity gaps

Develop tools, as needed, to inform sound, science-based decisions, which support regional efforts to plan for a resilient ocean and coastal economy

- Acquire and integrate socioeconomic information with physical and biological information to improve the assessment of risk and vulnerability for planning and decision making

Understand how hazards and changing ocean conditions affect coastal economies, including existing and emerging sectors that depend on the ocean and coasts

- Develop the information and approaches needed for improved risk communication,

4

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and the necessary tools, technical assistance and training tailored toward enhanced resilience to weather events, climate hazards, and changing ocean conditions

- Evaluate the costs, benefits, and tradeoffs of systems-based development or redevelopment approaches that incorporate both natural defenses and hard structural

solutions

- Support the development of sustainable recovery, redevelopment, and adaptation

plans and implement programs and projects that incentivize rebuilding and development approaches which reduce risk and increase resilience

Proposed activities which are location-specific must demonstrate broader geographic impact across the specified region. For example, projects seeking funding for location or site specific planning, redesign, or construction of infrastructure (natural, nature-based or

otherwise) to enhance coastal community preparedness, recovery or adaptation are eligible

and will be evaluated based upon the extent to which they have broader geographic impact. Appropriate activities for extending geographic impact may include but are not limited to the

development of integrated information products, tools, training, or risk communication and outreach. Proposals seeking funding for restoration of habitat primarily for the purpose of ocean and coastal ecosystem resilience (e.g. wetland restoration, dam removal) are discouraged under this announcement, but instead, should consider applying for funding through the Coastal Ecosystem Resilience Grants program administered by NOAA's

National Marine Fisheries Service.

B. Program Priorities

This announcement solicits proposals that will result in increased resilience through the development or implementation of plans or actions that improve preparedness, and/or promote recovery and/or adaptation within multiple coastal jurisdictions or locations.

Projects/proposals are expected to:

result in increased resilience of coastal communities through regional activities that reduce current and potential future risk associated with extreme weather events, climate hazards, and changing ocean conditions; increase capacity to recover from adverse events; and/or increase capacity to effectively adapt to adverse events;

5

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employ a regional approach that engages appropriate stakeholders and

demonstrates collaboration and leveraging of resources;

result in increased access to and/or understanding of information for decision makers regarding current and future environmental, economic, and social conditions and/or increased capacity to incorporate this type of information into decision/rule making across

the project area.

Priority will be given to projects that:

1) focus on resilience strategies that address land and ocean use, development, resource management, resource protection, hazard mitigation, pre-disaster recovery, or other similar plans. This includes the creation of new tools, training, workshops, or other resources

that build capacity of decision makers or practitioners;

2) leverage available resources (such as programs, plans, partnerships, tools and trainings across government, industry, and NGOs) and/or leverage Federal funding with direct or in-kind match from non-Federal sources;

3) evaluate project results using clear measure(s) of success and monitor longer-term effectiveness of employed strategies where appropriate. The collection of additional data or information for monitoring effectiveness is eligible; however, only for the duration of the award's period of performance. If data collection is proposed, applicants are encouraged to plan for longer-term data management needs in coordination with NOAA, as described in section 4.1.A of this announcement.

C. Program Authority

Statutory authority for this program is provided under Section 310 of the Coastal Zone Management Act (16 U.S.C. l456c) (titled ·Technical Assistance").

II. Award Information

A. Funding Availability

Total anticipated funding for all awards is up to $5,000,000 for FY2015. Within this amount, we anticipate funding approximately 5-l 0 awards. The maximum amount that may be requested for the Federal share of each proposal is $1,000,000 and the minimum that may be requested is $500,000. The amount of funding per project will depend on the size, location, and type of project. There is no limit on the number of proposals from any

6

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geographic area or jurisdiction.

The exact amount of funds for each award will be determined in pre-award negotiations

between the applicant and NOAA representatives. Applicants must be in good standing with

all existing NOAA grants in order to receive funds.

Proposals not funded in the current fiscal period may be considered for funding in another fiscal period without NOAA repeating the competitive process outlined in this

announcement.

B. Project/ Award Period

Applicants may submit applications with a period of performance of up to 36 months from the anticipated start date. For FY 2015 awards, the anticipated start date for a given project may be as early as November 1, 2015 or as late as January I, 2016. The start date must be the first day of the month.

Pre-award costs are generally unallowable, however, pre-award costs may be considered during pre-award negotiations between the applicant and NOAA. Incurring pre-award costs before NOAA GMD provides an award document is at the applicant's own risk.

Proposals not funded in the current fiscal period may be considered for funding in another fiscal period without NOAA repeating the competitive process outlined in this announcement.

C. Type of Funding Instrument

The funding instrument for these awards may be a grant or cooperative agreement. In the case of a cooperative agreement, NOAA will have substantial involvement in the project. Examples of substantial Federal involvement may include: acquiring, increasing access to, and building capacity of partners to use data, tools, and established policies or management practices; convening partners; or providing expertise in meeting planning, facilitation, and development of spatial databases, models and information analyses. If NOAA is proposed

7

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as a partner in a cooperative agreement, the applicant must clearly identify this funding instrument in the proposal summary and cover sheet and clearly articulate the roles and responsibilities of NOAA and each partner in implementing the project. The specific roles

and responsibilities will depend on negotiation with the Federal agency and will be formalized as part of the cooperative agreement for successful proposals.

111. Eligibility Information

A. Eligible Applicants

Eligible funding applicants are: regional organizations (see III.C for explanation), nonprofit organizations, private (for-profit) entities, institutions of higher education, and state, territorial, tribal, and local governments as defmed at 2 C.F.R. § 200.64, which includes counties, municipalities, and cities. To be eligible under this competition, applicants must conduct projects benefiting coastal communities in one or more of the following U.S. states and territories: Alabama, Alaska, American Samoa, California, Connecticut, Delaware, Florida, Georgia, Guam, Hawaii, Illinois, Indiana, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, New Hampshire, New Jersey, New York, North Carolina, Northern Mariana Islands, Ohio, Oregon, Pennsylvania, Puerto Rico, Rhode Island, South Carolina, Texas, Virginia, Virgin Islands (U.S.), Washington, and Wisconsin.

Applications from individuals, federal agencies, or employees of federal agencies will not be considered, but these entities may serve as collaborative project partners. If federal agencies are collaborators, applicants must provide detail on the expected level of federal engagement in the application. Examples might include, but are not limited to a partnership role serving in a review capacity; or participating in priority task teams, working groups, or leadership teams.

The lead applicant on any proposal will be responsible for ensuring that allocated funds are used for the purposes ot: and in a manner consistent with, this program, including any funds awarded to an eligible sub-awardee.

B. Cost Sharing or Matching Requirement

Federal funds awarded under this program must be matched with non-Federal funds (through cash or in-kind services) at a 2:1 ratio of Federal-to-non-Federal contributions. For example, a project requesting $500,000 in Federal funding, the award recipient would need

8

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to provide $250,000 in non-Federal matching contributions, for a total project budget of

$750,000.

C. Other Criteria that Affect Eligibility

For the purpose of eligibility under this announcement, regional organizations are considered entities that operate at a multi-state, multi-county, or multi-city/town scale, such as regional ocean partnerships or councils of government, for example, provided that they may receive and expend Federal funds. If a regional organization is not eligible to receive and expend Federal funds as a legal entity, the organization may partner with an eligible legal entity to apply for funding. Tribal governments include all Native American tribal governments (both Federally-recognized tribes and those tribes that are not Federally-recognized). Tribal governments are encouraged to work on a multi-site scale that builds resilience across the tribal jurisdiction but are not required to work with other tribes on a cross tribal scale. Foreign governments are not eligible to apply for funding under this

announcement.

IV. Application and Submission Information

A. Address to Request Application Package

Application packages for proposals are available through the apply function on Grants.gov. If an applicant does not have Internet access, application packages shall be requested from Lisa Warr, 1305 East-West Hwy, N/OCM6, Silver Spring, MD 20910; or contact her at 301-563-1153 or via email to [email protected].

B. Content and Form of Application

A complete standard NOAA fmancial assistance application package should be submitted in accordance with the guidelines in this document. Each application must include the application forms from the SF-424 form family:

--Application for Federal Assistance: Form SF-424 (7/03 version or newer)

--Budget Information for Non-construction Programs: Form SF-424A

--Assurances for Non-construction Programs: Form SF-424B

--Certification Regarding Lobbying: Form CD-511

--Disclosure of Lobbying Activities: Form SF-LLL (if applicable)

In addition, all funding application packages are requested to contain the components

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described below.

Full proposals should total no more than 10 pages (single-spaced, II or 12-point font and exclusive of appendices). The 10-page limit does not include the proposal title page, a table of contents if one is included, the project summary referenced below under item IV.B.2, and any appendices. Appendices shall be limited to materials that directly support the main body of the proposal (for example, detailed budget information, letters of collaboration, letters of support, resumes, environmental compliance/permit information, professional references, lists of data sources, maps and, if applicable, engineer's design plans). Appendices should not total more than 30 total pages excluding government forms, NEPA information, and information provided to complete government forms. Reviewers will not review information provided in excess of stated page limits. The total electronic file size of the proposal narrative and appendices combined should not exceed five megabytes in storage space. Files that are larger than five megabytes may not be properly downloaded, uploaded, or received by the agency or the reviewers. Files that cannot be opened or downloaded will not be reviewed.

Applicants are encouraged to paginate their proposal and any appendices. Appendices should be paginated as stand-alone documents (individually) or collectively.

All funding application packages are requested to contain the following components:

I. Title Page (Proposal Cover Sheet)

a. Project title

b. Complete contact information for the Principal Investigator and Financial

Representative

c. Proposed project performance period (start and end dates)

d. Specific location(s) (including State(s)) where the project will take place

e. Funding type (grant or cooperative agreement)

f. Funding request by year (as appropriate)

2. Project Summary. Provide a one to two-page summary of the proposed project. The summary is requested to contain the following sections:

a. Project name/title

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b. Proposed funding over each year of the project

c. Primary contact (name, title, address, phone, fax, email)

d. Recipient institution (use name as registered in DUNS)

e. Recipient DUNS number

f. Principal and other investigators (names, affiliated institutions or agencies)

g. Brief project summary including objectives, expected results, and intended

benefits

3. Project Description.

All project descriptions (proposals) should include tbe following sections:

a. Goal and Objective(s). Describe in tbe narrative the specific project goals and objectives to be achieved. If the proposal is for a multi-year project, goals and objectives should be specific for each year of the work plan presented. The project outcomes should be

clearly stated, including: a description oftbe expected reductions in risk and/or improvements in capacity of communities to recover or adapt to extreme weather, climate

hazards, and/or changing ocean conditions; the regional approach that will be used, which describes how federal, state, tribal, regional and local organizations or programs will be connected, integrated, and leveraged; and how tbe proposal will improve decision-makers' access to or capacity to incorporate information on current and future conditions into decisions. Recipients will be required to submit semi-annual progress reports in which

progress against these goals and objectives will be reported.

b. Background. Provide sufficient background information for NOAA and non-NOAA reviewers to independently assess the significance of the proposed project. Summarize the problem, gap or need to be addressed and the status of ongoing efforts and coordination to address the identified needs or gaps. Summarize the relationship of the proposed work to

other ongoing efforts.

c. Approach. Provide a work plan tbat: identifies specific tasks to be accomplished; explains the technical approach needed to accomplish the proposed tasks (including data management and sharing); identifies the roles of partners and cooperators; and identifies potential obstacles to successful completion of the goals and objectives. Describe how the project implements strategies within regional, federal, state, tribal or local plans, including but not limited to land and ocean use, development, resource management, resource protection/restoration, hazard mitigation, pre-disaster recover, or other similar plans. Describe tbe approach to leveraging available resources, such as programs, plans partnerships, tools and trainings across government, industry and N GOs, and tbe need for

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any new tools, training, or workshops. If environmental data is to be collected or generated through this project, the work plan must clearly address data management requirements, and the steps to be taken to achieve efficient and effective data access and archive that is

compliant with federal regulations.

d. Partnerships. Describe the roles of partners, including their experience and capacity in successfully completing similar projects. Also, describe what federal, state, and local organizations or programs will be connected, integrated, and leveraged in the project, including connections to federally-supported resilience efforts (e.g. Climate Action Communities or NOAA Sentinel Site Cooperatives). If the project includes federal partners, the specific roles and responsibilities of the federal partners should be clearly identified. Describe how project stakeholders will interact with the project, specific communication mechanisms utilized, and how they will contribute to the outcome or results of the project.

Letters of collaboration from identified partners and any letters of support from communities or other interested parties should be included in the appendices as appropriate.

e. Milestone Schedule. Display time lines for major tasks, target milestones for important intermediate and final products, and key project outcomes.

f. Project Budget. Provide a budget description that follows the categories and formats in the NOAA grants package (Form SF-424A) and a brief narrative justification of the budget. Detailed budget information, such as a repeat of the information in Form SF-424A along with more details must be included in an appendix. In this appendix, the budget narrative also shall clearly identify the cost of separable elements of the proposed work and shall identify the elements of the project that the cooperator would recommend for revision

or elimination if sufficient funding is not available for all proposed activities. Budget narrative guidance from NOAA's Grants Management Division is available at:

www .coast. noaa. gov /funding! _pdf/forms/budget-narrative-guidance-GMD-04. 09.2015. pdf

For any equipment, a description of the item and associated costs is required, including a description of how it will be used in the project. Equipment purchases also require a lease vs. purchase assessment. Note that equipment is defined as tangible personal property (including information technology systems) having a useful life of more than one year and a per-unit acquisition cost which equals or exceeds the lesser of the capitalization level established by the non-Federal entity for financial statement purposes, or $5,000. See 2 C.F.R. § 200.33 "Equipment".

Applicants should identify the entity or entities to which they will request NOAA's approval to transfer equipment or property ownership to after the project ends or when such

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equipment or property is no longer needed for its original purpose under the award, if that information is known at the time of application. The decision on property ownership requests will generally be made by the Grants Officer during the grant closeout process. See 2 C.F.R. § 200.311 "Real Property" and 2 C.F.R. § 200.313 "Equipment".

The budget narrative must also provide, to the extent possible, detailed information on

travel, including costs, a description of anticipated travel, destinations, the number of travelers, and a justification of how the requested travel is directly relevant to the successful completion of the project. If actual trip details are unknown, applicants must state the basis for the proposed travel charges. Applicants must allocate travel funds for any coordination meetings at regional or national levels.

All travel must comply with the requirements of the Fly America Act and foreign travel must receive prior written approval, and therefore, should be included in the proposal to avoid having to request prior approval after the project starts. Applicants may factor in travel costs for participation in an annual NOAA Grants Management Division workshop for

recipients.

g. Public engagement and outcomes. Describe how the public and stakeholders will be engaged in the development of the desired project outcomes, how information generated by the project will reach its target audience(s) and have a positive impact in the project area(s); and how the proposal uses best practices for communicating risk to target audiences.

4. Appendices

Only material that is submitted as a single package will be reviewed. Appendices must be limited to materials that directly support the main body of the proposal (for example, detailed budget information, letters of collaboration, resumes, references, lists of data

sources, and maps).

a. Mandatory detailed budget information, for example Forms SF-424A for each sub award and contract. Information must include the name and location (city, state, and Congressional district) of the entity receiving the funds and the location of the primary place of performance under the contract or subaward.

b. Letters of Collaboration. All supporting letters from partner organizations that

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are instrumental to the project shall be included in the application package. Letters should clearly indicate the level of commitment and/or collaboration. Letters of collaboration do not

need original signatures.

c. Resumes. Provide resumes of the Principal Investigator for the project and other key personnel critical to the success of the project. Ensure that resumes address qualifications relevant to conducting the proposed work. Please limit resumes to a maximum

of two pages for each key investigator.

d. Data Sharing Plan. Environmental data and information, collected and/or created under NOAA grants/cooperative agreements must be made visible, accessible, and independently understandable to general users, free of charge or at minimal cost, in a timely manner (typically no later than two years after the data are collected or created), except where limited by law, regulation, policy or by security requirements.

1. A Data/Information Sharing Plan of no more than two pages shall be required as

part of the Project Narrative. A typical plan may include the types of environmental data and

information to be created during the course of the project; the tentative date by which data will be shared; the standards to be used for data/metadata format and content; policies addressing data stewardship and preservation; procedures for providing access, data, and security (e.g. a plan for maintaining such access beyond the award's period of performance); and prior experience in publishing such data. Coordination with NOAA in the development of the Data/Information Sharing Plan is encouraged to identifY broader applicability of data. The Data/Information Sharing Plan will be reviewed as part of the NOAA Standard Evaluation Criteria, Item l -- Importance and/or Relevance and Applicability of Proposed Project to the Mission Goals.

2. The Data/Information Sharing Plan (and any subsequent revisions or updates) will be made publicly available at time of award and, thereafter, will be posted with the

published data.

3. Failing to share environmental data and information in accordance with the submitted Data/Information Sharing Plan may lead to disallowed costs and be considered by NOAA when making future award decisions.

Pis must indicate how and when they have made their data accessible and usable by the community in the past.

NOAA's Administrative Order on the Management of Environmental Data Management and Information is available under: http://www .corporateservices.noaa.gov/ames/administrative _orders/chapter_ 212/212-15.htm

1

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e. National Environmental Policy Act (NEPA) and Environmental Compliance-- Under the National Environmental Policy Act (NEPA), NOAA must analyze the potential environmental impacts of projects or proposals seeking funding from NOAA.

After the application is submitted, NOAA may require additional information to fulfill NEPA and other compliance requirements. If NOAA determines that an environmental assessment is required, applicants may also be requested to assist in drafting the assessment. Applicants may also be required to cooperate with NOAA in identifying and implementing feasible measures to reduce or avoid any identified adverse environmental impacts of their

proposal. The failure to do so shall be grounds for the denial of an application. In some cases

if additional information is required after an application is selected, funds can be withheld by the Grants Ofticer under a special award condition requiring the recipient to submit additional environmental compliance information sufficient to enable NOAA to make an assessment on any impacts that a project may have on the environment.

The applicants selected for funding must complete sections A, B, C, D, E, and F of the Environmental Compliance Questionnaire for National Oceanic and Atmospheric Administration Federal Financial Assistance Applicants ("NEPA Questionnaire") (OMB Approval No.: 0648-0538) http:llwww.nepa.noaa.govlquestionnaire.pdfto provide detailed

information on the activities to be conducted, locations, sites, species and habitat to be affected, possible construction activities, and any environmental concerns that may exist (e.g., the use and disposal of hazardous or toxic chemicals, introduction of non-indigenous species, impacts to endangered and threatened species, aquaculture projects, and impacts to coral reef systems). Sections G, and Hare not required with the initial application because NOAA anticipates that most projects funded through this competition would not have impacts related to damage assessment and restoration or fisheries sampling and analysis.

Detailed information on NOAA compliance with NEPA can be found at the following NOAA NEPA websites: http:llwww.nepa.noaa.govl including NOAA Administrative Order 216-6 for NEPA, http:llwww.nepa.noaa.gov/NA0216_6.pdfand the Council on Environmental Quality implementation regulations http:llceq.hss.doe.govlceq_regulationslregulations.html or http :I I coast. noaa. gov I funding/ _pdfiCEQ%20Regulations %20 for%20 Imp lementing%20the% 20Procedural %20Provisions%20of"/o20NEP A.pdf?redirect=30 I ocm

f. Paperwork Reduction Act-- This collection of information contains requirements subject to the Paperwork Reduction Act. The use of Forms SF-424, 424A, 424B, and SF

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LLL and CD-346 has been approved by the Office of Management and Budget (OMB) under

control numbers 0348-0040, 0348-0044, 0348-0043, 0348-0046 and 0605-000 l. The NEPA Questionnaire is approved by OMB control number: 0648-0538.

Notwithstanding any other provision of the law, no person is required to respond to, nor shall any person be subjected to a penalty for failure to comply with, a collection of

information subject to the requirements of the PRA, unless that collection of information displays a currently valid OMB Control Number.

g. Other appendices may include relevant information not provided elsewhere, such

as references, lists of data sources, and maps.

C. Submission Dates and Times

Applications must be (1) received and validated by Grants.gov; or (2) postmarked or provided to a delivery service on or before the deadline of II :59 p.m. Eastern Time, on July 24,2015. Regardless of the method of transmission, applications received more than five calendar days after the deadline will not be reviewed.

D. Intergovernmental Review

Funding applications under this announcement are subject to Executive Order 12372, "Intergovernmental Review of Federal Programs." For states that participate in this process, it is the state agency's responsibility to contact their state's Single Point of Contact (SPOC) to find out about and comply with the state's process under EO 12372. To assist the applicant, the names and addresses of the SPOCs are listed on the Office of Management and Budget's website <http://www.whitehouse.gov/omb/grants_spoc>.

E. Funding Restrictions

Applicants requesting indirect costs are required to submit a copy of their current and signed indirect cost rate agreement with their application package.

If an applicant has not previously established an indirect cost rate with a Federal agency they may choose to negotiate a rate with the Department of Conunerce or use the de minimis indirect cost rate of 10% ofMTDC (as allowable under 2 C.F.R. §200.414). The negotiation and approval of a rate is subject to the procedures required by NOAA and the Department of Conunerce Standard Terms and Conditions Section 8.06. The NOAA contact for indirect or facilities and administrative costs is:

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Lamar Revis, Grants Officer

NOAA Grants Management Division

1325 East West Highway

9th Floor

Silver Spring, Maryland 20910

[email protected]

F. Other Submission Requirements

Full proposal application packages, including all letters of collaboration, shall be

submitted through the apply function on Grants.gov. The standard NOAA funding application package is available at www.grants.gov. Applicants must register with Grants.gov before any application materials can be submitted. To use Grants.gov, applicant must have a Dun and Bradstreet Data Universal Number System (DUNS) number and be registered in System for Award Management (SAM). Allow a minimum of five days to complete the SAM registration. (Note: Your organization's Employer Identification

Number (EIN) will be needed on the application form.). An organization's one time registration process may take up to three weeks to complete so allow sufficient time to ensure applications are submitted before the closing date.

The Grants.gov site contains directions for submitting an application, the application package (forms), and is also where the completed application is submitted. Applicants using Grants.gov must locate the downloadable application package for this solicitation by the Funding Opportunity Number or the CFDA number (11.473). Applicants will be able to download a copy of the application package, complete it offline, and then upload and submit the application via the Grants.gov site.

After electronic submission of the application through Grants.gov, the person submitting the application will receive within the next 24 to 48 hours two email messages from

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Grants.gov updating them on the progress of their application. The first email will confirm receipt of the application by the Grants.gov system, and the second will indicate that the application has either been successfully validated by the system before transmission to the grantor agency or has been rejected because of errors. After the application has been validated, this same person will receive a third email when the application has been

downloaded by the Federal agency.

If an applicant does not have Internet access, one set of originals (signed) and an electronic copy (on CD or DVD) of the full proposals and related forms shall be mailed to the attention of Lisa Warr, NOAA Office for Coastal Management, 1305 East-West Hwy, N/OCM6, Room 10626, Silver Spring, MD 20910. Applications submitted via the U.S. Postal Service must have an official postmark; private metered postmarks are not acceptable. Applications provided to a private delivery service (e.g. FedEx) must be documented with a

receipt. No email or fax copies of full proposals will be accepted. Proposal application packages, including all letters of collaborations and any letters of support, shall be submitted

together in one package.

Unique Entity Identifier and System for Award Management (SAM):

Each applicant (unless the applicant is an individual or Federal awarding agency that is excepted from those requirements under 2 CFR §25.11 O(b) or (c), or has an exception approved by the Federal awarding agency under 2 CFR §25.11 0( d)) is required to: (i) Be registered in SAM before submitting its application; (ii) provide a valid unique entity identifier in its application; and (iii) continue to maintain an active SAM registration with current information at all times during which it has an active Federal award or an application or plan under consideration by a Federal awarding agency. It also must state that the Federal awarding agency may not make a Federal award to an applicant until the applicant has complied with all applicable unique entity identifier and SAM requirements and, if an applicant has not fully complied with the requirements by the time the Federal awarding agency is ready to make a Federal award, the Federal awarding agency may determine that the applicant is not qualified to receive a Federal award and use that determination as a basis for making a Federal award to another applicant.

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To enable the use of a universal identifier and to build the quality of information available to the public as required by the Federal Funding Accountability and Transparency Act of 2006, to the extent applicable, any applicant awarded in response to this announcement will be required to use the System for Award Management (SAM), which

may be accessed online at https://www.sam.gov/portal/public/SAM/

Applicants are also required to use the Dun and Bradstreet Universal Numbering System and will be subject to reporting requirements, as identified in OMB guidance published at 2 CFR Part 25, which may be accessed online at

http://www.ecfr.gov/cgi -bin/text-idx?c~ecfr&tpl~/ecfrbrowse/Title02/2cfr25 _main_ 02. t

pl

V. Application Review Information

A. Evaluation Criteria

I. Importance and/or relevance and applicability of proposed project to the program goals (35 points): This ascertains whether there is intrinsic value in the proposed work and/or relevance to NOAA, federal, regional, state, tribal, or local activities. Projects/proposals will

be evaluated according to the degree to which they:

support activities that are likely to reduce current and potential future risk to regions, communities, and existing and emerging sectors associated with extreme weather events, climate hazards, and changing ocean conditions; increase capacity to recover from adverse events; or increase capacity to effectively adapt to adverse events (10 points);

employ a regional approach that engages a range of stakeholders and demonstrates collaboration and leveraging of resources, as evidenced by letters of collaboration from partners and community members (10 points);

improve access to and/or understanding of information for decision makers

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regarding current and future environmental, economic, and social conditions and improve capacity to incorporate this information into planning and decision/rule making across the

project area (10 points); and

support other NOAA and Administration priorities (5 points).

2. Technical and scientific merit (20 points): This criterion assesses whether the approach is technically sound and/or innovative, if the methods are appropriate, and whether there are clear project goals and objectives. For this competition, projects/proposals will be evaluated according to the degree to which:

the approach is fully described and the stated goals and objectives are technically sound, safe for the public, and use the appropriate methods and personnel, including any methods to evaluate results and monitor effectiveness, and methods outlined in the Data

Sharing Plan (7 points);

the project supports strategies called for or developed by regional, federal, state, tribal or local entities including but not limited to land and ocean use, development, resource management, resource protection/restoration, hazard mitigation, pre-disaster recovery, or

other similar plans (8 points); and

the project leverages available resources, such as programs, plans, partnerships, tools and trainings within NOAA and across government, industry, and NGOs (5 points).

3. Overall qualifications of the funding applicants (20 points): This criterion ascertains whether the funding applicant possesses the necessary education, experience, training, facilities, and administrative resources to accomplish the project. For this competition, projects/proposals will be evaluated according to the degree to which:

an applicant demonstrates the capacity (e.g. staffing, resources, expertise and authority) and experience in successfully completing similar projects (12 points); and

the project involves the appropriate partners to execute the project, as well as the key personnel from other agencies and institutions partnering on the project with the experience, expertise and/or networks needed to capitalize on available expertise (8 points).

4. Project costs (15 points). This criterion evaluates the budget to determine if it is realistic and commensurate with the project needs and time-frame. For this competition, projects/proposals will be evaluated according to the degree to which:

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the budget request is reasonable, the applicant justifies the costs requested, and the

requested funds for salaries and fringe benefits are for those personnel directly involved in

implementing the proposed project and/or are directly related to specific products or

outcomes of the proposed project (6 points);

the project optimizes the cost effectiveness of the project to leverage Federal

resources through strategic partnerships with collaborating institutions, agencies, or other

entities (5 points); and,

indirect costs are based on the indirect cost rate negotiated and approved by the

applicant's cognizant agency for indirect costs and that other administrative costs have been

minimized to the extent possible (4 points).

5. Outreach and Education (10 points): This criterion assesses whether the project

provides a focused and effective education and/or outreach strategy regarding the NOAA's

mission to understand and protect the Nation's natural resources. For this competition, this

strategy should describe approaches for communicating with various audiences and employ

best practices for risk communication. Projects/proposals will be evaluated according to the

degree to which:

Engagement: the proposal demonstrates that the public and project stakeholders will

be engaged in development of the desired project outcomes (8 points); and

Outreach: the proposal demonstrates that information generated by the project will

reach its target audience and have a positive impact in the project area(s), including

improved risk communication (2 points).

B. Review and Selection Process

Screening, review, and selection procedures will take place in three steps: 1) an initial

screening by competition program staff within NOAA's Office for Coastal Management; 2) a

merit review; and 3) final selection by the Selecting Official (i.e., Director of the Office for

Coastal Management or the Director's designee). The merit review step will involve at least

three reviewers per application. The Selecting Official will make the final decision regarding

which applications will be funded based on the numerical ranking of the applications, the

evaluations by the merit reviewers, and the selection factors set in V.C., below.

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I. Initial Screening. The initial screening will ensure that application packages have all required forms and application elements and meet all of the eligibility criteria. Applications that pass this initial screening will be submitted for merit review.

2. Merit Review. Eligible applications for this competition will be evaluated in accordance with the criteria and weights described in this solicitation by at least three

independent peer reviewers through an independent peer mail review and/or an independent peer panel. Each reviewer will independently evaluate each project and provide an individual

score. Both Federal and non-Federal experts may be used in this process. No consensus advice will be given by the independent peer reviewers through mail reviews or on the review panels. If a panel is convened, the panel will be comprised of subject matter experts and may convene in person or by teleconference, video conference or electronic means. The merit reviewer's ratings are used to produce a rank order of the proposals.

3. Final Selection. The competition program staff will create a ranking of the proposals to be recommended for funding using the average merit review or panel review scores, if a panel review is conducted. The reviewer comments, composite project scores, rank order, and a summary of the concerns (if any) identified through the mail and/or panel review process along with information from the competition manager pertaining to selection factors (see below) will be presented to the Selecting Official.

Based on the numerical ranking, merit review written evaluations, and the additional selection factors described below, the Selecting Official will develop a list of projects

recommended for funding. Please note that not all activities submitted under a single proposal may be deemed appropriate for funding, and the Selecting Official may recommend only partial funding, based on the merit and/or panel review written evaluations. For a proposal to be selected for funding, the applicant may be asked to modify objectives, work plans, and budgets, and to provide supplemental information required by the agency prior to the award. When a decision has been made (whether an award or declination), anonymous copies of mail merit review comments or summaries of panel deliberations, can be made available to the applicant upon request.

C. Selection Factors

The final panel ratings shall provide a rank order to the Selecting Official for final

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funding recommendations. The competition manager will make recommendations to the Selecting Official applying the selection factors below. The Selecting Official shall award in the rank order unless the proposal is justified to be selected out of rank order based upon one

or more of the following factors:

I. Availability of funding.

2. Balance/distribution of funds:

a. Geographically.

b. By type of institutions

c. By type of partners.

d. By research areas.

e. By project types.

3. Whether this project duplicates other projects funded or considered for funding by

NOAA or other Federal agencies.

4. Program priorities and policy factors as described in section I of this federal funding

opportunity.

5. Applicant's prior award performance.

6. Partnerships and/or Participation of targeted groups.

7. Adequacy of information necessary for NOAA staff to make a NEPA determination and draft necessary documentation before recommendations for funding are made to the Grants Officer.

The Selecting Official or designee may negotiate the funding level of the proposal.

D. Anticipated Announcement and Award Dates

NOAA anticipates that most grants will have a start date of November I, 2015 or December I, 2015 dependent on funding availability, the completion of all NOAA/applicant negotiations, NEPA analysis, and documentation supporting cooperative agreement activities.

VI. A ward Administration Information

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A. Award Notices

Full proposals/applications recommended for funding by the selecting official will be

forwarded to the NOAA Grants Management Division (GMD) by the Program Office. The applicant will be notified by the program office by email that their application was recommended for funding. The applicant must be aware that the notification by the program office is not the official award notice. Otlicial notification happens only when the applicant

receives an award notice from the Grants Officer electronically.

Unsuccessful applicants will be notified by email that their application was not recommended for funding within 1 0 business days after the tina! program office

recommendations have been approved by the NOAA GMD.

B. Administrative and National Policy Requirements

\.Department of Commerce Pre-Award Notification Requirements for Grants and Cooperative Agreements contained in the Federal Register notice of December 30,2014 (79 FR 78390) are applicable to this solicitation and may be accessed online at http:/ /www.gpo.gov/fdsys!pkg/FR -20 14-12-30/pdf/20 14-30297 .pdf.

2. Please note that on December 26, 2013, OMB published final guidance titled Uniform Administrative Requirements, Cost Principles, and Audit Requirements

(Uniform Guidance), which streamlines the language from eight existing OMB circulars, including Cost Principles (OMB Circulars A-21, A-87, A-122) and administrative requirements (OMB Circulars A-1 02 and A-ll 0), into one consolidated set of guidance applicable to federal assistance awards. Note that the Uniform Guidance supersedes DOC's uniform administrative requirements set out at 15 C.F.R. parts 14 and 24. In accordance with the Federal Register notice published on December 19, 2014 (79 FR 75871) and the regulation at 2 C.F.R. 1327.101, the DOC adopted the Uniform Guidance, codified at 2 C.F.R. Part 200, effective December 26, 2014, which means that the guidance applies to all new awards and may apply to additional funding to existing awards made on or after December 26,2014. In addition, the audit requirements of the Uniform Guidance apply to audits of non-Federal entities beginning on or after December 26, 2014. Therefore, applicants should familiarize themselves with 2 C.F.R. Part 200, which may be tound at http://www .gpo.gov/fdsys/pkg/CFR -20 14-title2-voll/pdf/CFR-20 14-title2-vol1-subtitleA-ch apii-subchap-id302.pdf. Additional information on the substance of and transition to the

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Uniform Guidance may be found at https://cfo.gov/cofar/.

3. Limitation of Liability

There is no guarantee that funds will be available to make awards for this federal

funding opportunity or that any proposal will be selected for funding. If an applicant incurs any costs prior to receiving an award agreement signed by an authorized NOAA Grants Officer, they do so at their own risk of these costs not being included in a subsequent award. In no event will NOAA or the Department of Commerce be responsible for any proposal preparation costs. Recipients and sub-recipients are subject to all federal laws and agency policies, regulations, and procedures applicable to federal financial assistance awards. Applicants must be in good standing with all existing NOAA grants and/or cooperative funding agreements in order to receive funds. Publication of this announcement does not oblige NOAA to award any specific project, obligate any available funds, or provide special

fishing privileges.

The NOAA program office reserves the right to immediately halt activity under the award if the recipient is not fultilling the requirements of the project as outlined in the grant award. Non-compliance with a federally approved project may result in termination of the

award.

4. National Environmental Policy Act (NEPA). See the NEPA information in Section IV. B.4.e of this announcement.

5. Unpaid or delinquent tax liability.

In accordance with current Federal appropriations law, NOAA will provide a successful corporate applicant a form to be completed by its authorized representatives certifying that the corporation has no Federally-assessed unpaid or delinquent tax liability or recent felony criminal convictions under any Federal law.

C. Reporting

Grant recipients are required to provide semi -annual financial and performance reports. Performance reports are required every six months from the time an award starts until it is closed. They are to be submitted to the NOAA Program Officer. Within 30 days of the conclusion of each six-month period, recipients must submit a report summarizing activities

25

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conducted in support of the project during the prior six months. Financial reports are to be submitted to the NOAA Grants Officer. NOAA's Grants Management Division (GMD) will also provide guidance for its semi -annual financial reporting requirements. Each grant recipient will need to demonstrate, through performance and financial reports, that all award conditions have been met before an award can be closed. Financial and performance reporting, as well as all other grant management activities after a grant is awarded, are conducted electronically through NOAA's grants management system, NOAA Grants On-line, at https://grantsonline.rdc.noaa.gov/.

The recipient will be requested to ensure that all interim progress reports indicate whether financial reports have been submitted to NOAA's GMD and are up to date. In their

final progress report, recipients will be asked to a) clearly state the resulting impact of their project and products in the coastal management community; and b) certify that "Final financial reports have been submitted to NOAA's Grants Management Division and a final funding draw-down has been made through the Automated Standard Application for Payments (ASAP)."

If equipment or tangible personal property is purchased with grant funds, applicants shall submit an inventory in accordance with relevant OMB requirements, which shall be incorporated under the award. The equipment requirements of the OMB Uniform Guidance are set out at 2 C.F.R. Part 200.313. As applicable, the recipient must submit Form SF-428 (Tangible Personal Property Report) annually and in the final progress report. Form SF-428 may be attached as an appendix to progress reports. The program office recommends that if the equipment is no longer needed, recipients are encouraged to request disposition instructions for equipment approximately 150 days before the project period ends to allow sufficient time to have equipment disposition requests addressed before a project ends. Equipment disposition instructions typically require that recipients complete an "other" award action request in Grants Online. NOAA will provide instructions for disposition in accordance with OMB requirements.

As applicable, the recipient must report on real property annually and at award closeout, by completing Form SF-429 (Real Property Status Report).

26

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The Federal Funding Accountability and Transparency Act of2006 includes a requirement for awardees of applicable Federal grants to report information about first-tier subawards and executive compensation under Federal assistance awards issued in FY 2011 or later. All awardees of applicable grants and cooperative agreements are required to report to the Federal Subaward Reporting System (FSRS) available at www.FSRS.gov on all

subawards over $25,000.

VII. Agency Contacts

For administrative or technical questions regarding this announcement, contact Lisa Warr, Office for Coastal Management, 1305 East-West Hwy, N/OCM6, Silver Spring, MD 20910; or contact her at 301-563-1153 or via email to [email protected].

VIII. Other Information

The Otlice for Coastal Management will not release the names of applicants submitting proposals unless ordered by a court or requested to do so by an appropriate NOAA official and administrative protocol. Applicants can use a NOAA public search feature to find out information about NOAA awards < https://grantsonline.rdc.noaa.gov/flows/publicSearch/begin.do >or go through the Freedom

of Information Act (FOIA) process to request more information about grant competitions. More information about the NOAA FOIA process is online at http://www.noaa.gov/foia/

Department of Commerce regulations implementing FOIA are found at 15 C.F.R. Part 4, Public Information. These regulations set forth rules for the Department regarding making requested materials, information, and records publicly available under the FOIA.

Applications submitted in response to this FFO may be subject to requests for release under the Act. In the event that an application contains information or data that you do not

want disclosed prior to award for purposes other than the evaluation of the application, you should mark each page containing such information or data with the words "Privileged, Confidential, Commercial, or Financial Information- Limited Use" at the top of the page to assist NOAA in making disclosure determinations. DOC regulations implementing the

27

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Freedom of Information Act (FOIA) are found at 5 U.S.C 552, which sets forth rules for DOC to make requested materials, information, and records publicly available under FOIA. The contents of funded applications may be subject to requests for release under the FOIA. Based on the information provided by you, the confidentiality of the content of funded

applications will be maintained to the maximum extent permitted by law.

28

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10 July 2015

Lisa Warr NOAA Office for Coastal Management 1305 East-West Hwy N/OCM6 Room 10626 Silver Spring, MD 20910

Dear Ms. Warr,

Please accept this letter of support for and collaboration with the project titled "Envisioning Oregon's Coastal Futures: Co-developing resilient coastlines" under the direction of PI Peter Ruggiero at Oregon State University for consideration by NOAA's FY 2015 Regional Coastal Resilience Grants Program. Through sustained engagement with Oregon Coastal Knowledge-to-Action Networks, the investigators propose to co-develop, with representatives from my county and others, a scenario modeling tool (Envision) to explore adaptation strategies for increasing resilience to coastal hazards including both acute (tsunami induced) and chronic (climate controlled) hazards. In recently completed pilot efforts in Tillamook County, OR, Envision has proven its ability to stimulate decision makers to think deeply and interact productively regarding the decisions they have to make and the potential impacts of those decisions regarding resilience to evolving coastal hazards. Therefore, the proposed work has significant implications for future land use planning in all of Oregon's coastal counties.

My county is supportive of this proposal and plan on participating in the Knowledge-to-Action Networks for several reasons. First, the level of engagement between Ruggiero and his team and stakeholders such as ourselves has been very productive in recent years and we look forward to assisting in the co­development of useable decision support tools. We have an urgent need along the Oregon coast for projections of the evolving probability of coastal inundation and erosion, and the associated evolving community vulnerability due to development patterns, climate change and variability, and tsunami hazards. We are particularly concerned about the uncertainty of future climate change impacts on coastal hazards and the implications to coastal development, the built environment, and the economies of our rural communities. Finally, we are excited about the application of the decision support tool "Envision" to our coastal communities to help us envision future scenarios, assess impacts, and initiate adaptation strategies over the next several decades to increase our resilience.

Once again, I fully support the proposal submitted by Ruggiero and colleagues to the NOAA Office of Coastal Management. Please do not hesitate to contact me with questions.

Sincerely,

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Tillamook County

Lund of Cheese, Tree.v und Ocean Brl:!e::t

Scott Brewen, Director Oregon State Marine Board 435 Commercial St. SE Suite 400 P.O. Box 14145 Salem, OR 97309-5065

Dear Director Brew en:

Board of Commissioners Tim Josi, Mark Labhart, Bill Baertlein

20 I Laurel Avenue Tillamook, Oregon 97141

Phone 503-842-3403 Fax 503-842-1384

TTY Oregon Relay Service

July 15, 2015

Just a short note from our Board to you. We did not want this grant from your Agency to Tillamook County to go unnoticed by us and the citizens we represent in Tillamook County.

Your Agency provided $47,992 toward the $76,516 dredging project at Memaloose Point Boat Launch. We very much appreciated the support from your agency towards this project. This Boat Launch is used by literally thousands of boaters to access Tillamook Bay for Salmon fishing, crabbing and clamming every year. The dredging of this facility will allow for the safe passage of the boaters who use this site.

We fully understand that we have to jointly look for a better way for boaters to access this boat launch facility without having to dredge this site every few years. We look forward to working with your department to help find a satisfactory way to make this happen.

Again, thank you and your staff for their assistance in helping make this project happen.

Most Sincerely

~~ Tim Josi, Chair

~..k~~ Mark L<abhart, Vice-Chair

~d!£ r3~ Bill Baertlein, Commissioner

Sen. Arnie Roblan, Rep. Davis Gomberg, Del Schleichert

A!' EQUAL OPPORTUNITY EMPLOYER

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TILLAMOOK COUNTY

SOLID WASTE ORDINANCE

NO.4

ADOPTED February 14, 1973

AMENDED June 18, 1985

February 17, 1993 July 28, 1993,

March 25, 2009 ~J.f~2') _ _2_Q J ~-)

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ORDINANCE NO.4

The Tillamook County Board of Commissioners, sitting as the Board of Directors of Tillamook County Solid Waste Disposal District, hereby ordains as follows:

ARTICLE I. GENERAL PROVISIONS

Section 1.01. Short TiUe.

This ordinance shall be known as the "Solid Waste Ordinance~ and may be so cited and pleaded and shall be cited herein as ~this ordinance~.

Section 1.02. Table of Contents

ARTICLE I. GENERAL PROVISIONS .................. ..

Section 1.01. Short Title ...... .

Section 1.02. Table of Contents

Section 1.03. Purpose and Policy .......... .

Section 1.04. General Definitions .......... ..

... 1

. ....... 1

........ 1

.. ...... 3

.. ............ 4

Section 1.05. Specific Definitions .. . . ......................................................•

Section 1.06. Administration ......... .

Section 1.07. Persons and Agencies Exempted.

ARTICLE II. SOLID WASTE ADVISORY COMMITTEE ................................. ..

Section 2.01. Solid Waste Advisory Committee ...

Section 2.02. Appointment of Solid Waste Advisory Committee ..

Section 2.03. Duties of the Solid Waste Advisory Committee ..

Section 2.04. Regional Solid Waste Committee ..... .

ARTICLE Ill. REGULATION OF SOLID WASTE MANAGEMENT

Section 3.01. Regulation of Solid Waste Management. ............................... .

ARTICLE IV. FRANCHISING OF SOLID WASTE COLLECTION AND DISPOSAL.. ................ .

Section 4.01. Persons. Activities and Practices Regulated ............................. ..

Section 4.02. Applications for Franchises ................................... ..

Section 4.03. Specific Collection Franchise requirements.

Section 4.04. Specific Site Disposal Franchise Requirements .......

Section 4.05. Review of Applications for Franchises ...

. .......... 9

.. ........... 9

..10

... 10

... 10

.. ....... 11

.. ............... 11

.................... 12

.. ......................... 12

.. ...... 12

.. ..... 12

12

13

.13

.. ......................... 14

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Sect1on 4.06. Board Action on Applications for Franchises .. .. ...... 15

Section 4.07. Exclusive or JoiningServ1ce under a Franchise ...... . ·················· ....... 15

Section 4.08. Appeal from Determination of Board on Franchise .. ··················· ........ 16

Section 4.09. Responsibilities of Franchisees ..................... .. . .... 17

Section 4.10. Enforcement of Franchise Provisions. 18

Section 4.11. Suspension, Modification, Revocation or Refusal to Renew a Franchise ............................. 19

Section 4.12. Franchise Term and Renewals .....

Section 4.13. Franchise Fees.

. .. 20

. .. 20

.. 20 Sect1on 4.14. Use of Franchise Fees.

Sect1on 4.15. Transfer of Franchises .... . ........................................ 20

ARTICLE V. RATES FOR COLLECTION AND DISPOSAL SERVICE ....

Sect1on 5.01. Determination of Rates.

Section 5.02. Rate Preferences Prohibited .....

Section 5.03. Responsibility for Payment for Charges for Service

ARTICLE VI. REGIONAL COLLECTION AND DISPOSAL ...... .

Section 6.01. Agreements for Joint franchising or Planning ............... ..

Section 6.02. Agreements for Allocation of Franchise Fees. .. ............ .

Section 6.03. Annexation of County Franchised Service Areas .................. ..

ARTICLE VII. RECYCLING... ................... . ............................................................ .

Section 7.01. Opportunity to Recycle .................... .

A. Landfills and Transfer Stations ............................ .

B. Recycle Shacks and Depots

C. Recycling Collection ........

D. Recycling Report

Section 7.02. Education, Promotion and Notification ......................... .

Section 7.03. Prohibited Activities in Recycling ......... ..

ARTICLE VIII. SOLID WASTE NUISANCES ..

. ...... 21

.. 21

. .................... 22

. 22

. ...... 22

. ........ 23

. ......... 23

············ 23

. ........... 23

. ................ 23

. ...... 23

............ 23

. .... 24

....... 24

. ............... 24

.. 25

. ........ 25

Sect1on 8.01. Nuisance by Accumulation of Solid Waste. . ....................................... ················ ... 25

Section 8.02. Nuisance by Unauthorized Disposal of Solid Waste .. . ..... 26

Section 8.03. Nuisance by Littering_ ....................... .. ..................................... . . ............... 26

ARTICLE IX. ENFORCEMENT, PENALTIES AND ABATEMENTS .... . . .... 27

Section 9.01. Enforcement ....... .. ········ 27

Section 9.02. Penalties. ·············· 27

2

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Section 9.03. Abatement. ....

Section 9.04. Abatement by County .... .

Section 9.05. Repeated Offenses ....... .

ARTICLE X. APPEALS ...

Sect1on 10.01. Appeals from Decisions of the Administrator. ......

Section 10.02. Appeals of Decisions of the Board ..

. 28

·············· 28

. ........... 30

················· 30

. ....... 30

.. .............. 1;·--4--ci-

ARTICLE XI. AMENDMENT, CONSTRUCTION, REPEAL OF CONFLICTING ORDINANCES, EFFECTIVE DATE AND

EMERGENCY CLAUSE .... 31

Section 11.01. Amendment ............ . .. ...................... 31

Section 11.02. Severability.

Section 11.03. Repeal of Conflicting Ordinances ................. ..

Section 11.04. Effective Date ...

Section 1.03. Purpose and Policy.

...31

. 31

...31

To protect the health, safety and welfare of the people, and the natural and scenic resources of Tillamook County to provide a coordinated solid waste program, it is declared to be the public policy of Tillamook County to regulate solid waste management to:

A. Provide for safe and sa nita!)' accumulation, storage, collection, transportation, transfer and disposal of solid wastes.

B. Provide for public awareness and participation in solutions for all aspects of solid waste management and disposal.

C. Provide for the opportunity to recycle to eve!)' person in Tillamook County.

D. Provide for a waste prevention, reduction and recycling education, promotion and notification program on reasons for recycling, recycling awareness and how to recycle.

E. Promote application of recycling systems by preventing or reducing, at the source, materials which otherwise would constitute solid waste, thereby preserving and enhancing the quality of air, water and land resources.

F. Reduce the amount of solid waste generated; to reuse material for the purpose for which it was originally intended; and to recycle material that cannot be reused.

G. To prohibit accumulation of solid waste and junk on private property in such a manner as to create a public nuisance, a hazard to health or a condition of unsightliness and to provide for the abatement of such conditions where found.

H. Provide adequate disposal sites and disposal facilities to meet future demands.

3

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I. Provide for a coordinated county-wide solid waste management plan in cooperation with federal, state and local agencies responsible for the prevention, control or abatement of air, water and ground pollution and prevention of litter.

J. Provide for and encourage research, studies, surveys and demonstration projects on developing more sanitary, efficient and economical solid waste management systems.

K. Provide for a coordinated solid waste management plan with cities within Tillamook County and with other counties or cities should regional plans be developed.

L. Provide for cooperation and agreements between Tillamook County and other counties involving joint or regional franchising of solid waste collection or disposal.

M. Develop a regional long-range plan to provide adequate disposal sites and disposal facilities to meet future demands.

N. Provide minimum standards for location and operation of disposal sites to protect adjacent or nearby residents.

0. Reduce use of highways and roads and encourage highway safety by reducing unnecessary traffic in connection with solid waste and recyclables in order to encourage economic and efficient collection and reduce wasteful use of fuel, equipment, and capital by providing a franchised collection system.

P. Prevent theft or vandalism of source separated recyclable materials in order to preserve the economic viability of collection, transportation, disposal, storage or utilization of recyclables.

Q. Prevent the unauthorized collection, transportation, disposal, storage, reuse or utilization of solid waste or recyclables.

R. Encourage utilization of the capabilities and expertise of private industry in accomplishing the purposes of this ordinance.

S. Ensure service rates and charges that are just and reasonable and adequate to provide necessary public service.

T. Prohibit rate preferences and other discriminatory practices.

Section 1.04. General Definitions.

For the purpose of this ordinance, words used in the present tense include the future, the singular number includes the plural, the word "shall" is mandatory and not directory, and the term "this ordinance" shall be deemed to include all amendments hereafter made to this ordinance.

Section 1.05. Speciffc Definitions.

ADMINISTRATOR: The County Official designated by resolution of the Board to administer and enforce this ordinance and any assistant or agent duly authorized by the Administrator.

4

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BOARD: The Board of County Commissioners for Tillamook County.

COLLECTION VEHICLE: Any vehicle used to collect or transport Solid Waste or recyclable materials.

COMMITIEE: The solid waste Advisory Committee created pursuant to this ordinance.

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COMPENSATION: Includes any type of consideration paid for service, including but not limited to, rent and any other direct or indirect provisions for payment of money, goods or benefits by tenants, members, licensees or similar persons. It shall, also, include any exchange of services, including the hauling of solid waste. Compensation includes the flow of consideration from the person owning or possessing the solid waste to the person collecting, storing, transporting or disposing of solid waste. Compensation does not include wages paid by an employer to an employee when that employee is acting in the regular course of their employment.

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gatr. o_g_tm_.r.',;tl_\.!_ct:o n.

DEBRIS: A. CLEAN FILL: Includes rock, concrete. brick, building block, tile or asphalt paving, or other

similar non-decomposable material, which do not contain contaminants which could adversely impact the waters of the State or public health.

B. CONSTRUCTION AND DEMOLITION: solid waste resulting from the construction, repair or demolition of buildings, roads or other structures. Such waste typically consists of materials including untreated or chemically treated wood·, glass, masonry, roofing, siding, plaster, pipes and similar material. This term does not include industrial solid waste, and municipal solid waste, as defined under state law, generated in residential or commercial activities associated with construction and demolition activities.

C. DISASTER: Removal clause giving the board the power to pre-authorize and arrange contracts with haulers and private companies in case of emergency.

D. LAND CLEARING: Includes stumps and other vegetative materials, but does not include the com posting of materials or debris, or the storage of materials or debris for more than six months.

E. YARD DEBRIS: Includes grass clippings, leaves. hedge trimmings and similar vegetative waste generated from residential property or landscaping activities, but does not include stumps or similar bulky wood materials.

DISPOSE OR DISPOSAL: Includes accumulation, storage, collection, transportation, transfer and disposal of solid waste and recyclable materials.

DISPOSAL SITE: Land and facilities used for the disposal, handling or transfer of or resource recovery from solid wastes, including but not limited to dumps, landfills, sludge lagoons, sludge treatment facilities, disposal sites for septic tank pumping or cesspool cleaning service, transfer stations, resource recovel)' facilities, incinerators for solid waste delivered by the public or by a solid waste

5

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collection service, composting plants and land and facilities previously used for solid waste disposal at a land disposal site; but the term does not include:

A. A facility subject to the permit requirements of ORS 4688.050 (Surface Water Discharge). B. A landfill site which is used by the owner or person in control of the premises to dispose of

soil, rock, concrete or other similar non-decomposable material, unless the site is used by the public either directly or through a solid waste collection service.

C. A site operated by a wrecker issued a certificate under ORS 822.110.

ENERGY RECOVERY: Recovery in which all or a part of the solid waste materials are processed to utilize the heat content, or other forms of energy, of or from the material.

FRANCHISE: A :~QJ.J_'.ll.- ! : Jtl•: - to provide service issued by the Board pursuant to this ordinance,-. lncludrn_g a franchise, certificate, contract or license issued by the Board authorizing a person to provide solid waste management services pursuant to this ordinance.

FRANCHISE, COLLECTION: A franchise granting exclusive rights to provide solid waste collection and transport services for compensation within a defined service area in accordance with this ordinance.

FRANCHISE, DISPOSAL: A franchise to create or maintain a disposal site.

GENERATOR: "Generator~ (of solid waste) is a person who possesses and controls an item or material immediately prior to and at the time it becomes a solid waste, or a person who last used an item or material and makes it available for recycling or reuse.

HAZARDOUS WASTE: All materials included in the definitions for "hazardous waste" in ORS 466.005.

HAZARDOUS SOLID WASTE: Solid waste that may, by itself or in combination with other solid waste, be infectious, explosive, poisonous, caustic or toxic or otherwise dangerous or injurious to human, plant or animal life, as defined in ORS 466.005.

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HOUSEHOLD HAZARDOUS WASTE: Any discarded, useless or unwanted chemical, material, substance or product that is or may be hazardous or toxic to the public or the environment and is commonly used in or around households and is generated by the household. "Household hazardous waste" may include but is not limited to some cleaners, solvents, pesticides, and automotive and paint products.

INCINERATOR: A combustion device specifically designed for the reduction, by burning, of solid, semisolid or liquid combustible wastes.

INOPERABLE VEHICLES: A vehicle which has been left on public or private property thirty (30) days or more and is not currently licensed or has been extensively damaged, vandalized, or stripped, including but not limited to missing wheels, tires, motor or transmission, or is otherwise inoperable.

6

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JUNK: Articles of personal property that have outlived their usefulness in their original form, or articles of personal property that have been discarded and are no longer used for their manufactured purpose, regardless of value. Junk includes but is not limited to: (a) any derelict motor vehicle, i.e., any used motor vehicle without a vehicle license or with an expired license; (b) neglected motor vehicle, i.e., a motor vehicle that is missing critical parts required for the normal and legal operation of the vehicle, but has all of its body parts intact, including fenders, hood, truck, glass, and tires; or (c) wrecked motor vehicle, or part thereof. i.e., a motor vehicle that is dismantled or partially dismantled or having a broken or missing window or windshield, or lacking a wheel or tire: (d) machinery or parts thereof that are inoperative, worn out, or in a state of disrepair; (f) any worn out or dilapidated indoor fixtures or furnishings, or parts thereof; (g) any debris; and (h) non-solid waste items that are of a type or quantity inconsistent with normal and usual use such as bulk, wood, metal, scrap and other similar items.

MATERIAL RECOVERY: Any process of obtaining from Solid Waste, by presegregation or otherwise, materials which still have useful physical or chemical properties and can be reused or recycled for some purpose.

MiH~F~IM_-S __ j_l_~_\o'~~-f~:.:.: t-~1\:;.

~~ :;y o;_j_g_Q_Js;_ iJ:_~_te~ 18 ~~~ f :J 1 _I~ li_i__'

PERSON: Includes individuals, corporations, associations, firms, partnerships and cooperatives.

PUTRESCIBLE MATERIAL: Organic materials that can decompose and may give rise to foul smelling. offensive odors or create a health hazard or which are capable of attracting or providing food for birds and vectors which are potential disease carriers.

RECYCLING: A. Any process by which waste materials are transformed into new products in such a manner

that the original products lose their identity. B. It shall, also, include the collection, transportation or storage of products by other than the

original- user or consumer giving rise to the product being in the stream of commerce for resource recovery.

RECYCLABLE MATERIALS: Any material or group of materials that can be collected and sold for recycling at a net cost equal to or less than the cost of collection and disposal of the same material.

REGULATIONS: Regulations promulgated by the Board pursuant to this ordinance.

RESOURCE RECOVERY: The process of obtaining useful material or energy resources from solid waste and includes energy, recovery, material recovery, recycling and reuse.

REUSE: The return of a commodity into the economic stream for use in the same kind of application as before without change in its identity.

RULES: Rules promulgated by the state agencies pursuant to ORS Chapters 459 and 459A.

SECURE LOAD: Load is covered, enclosed and restrained so that the contents do not drop, sift, leak or otherwise escape from vehicle or trailer.

SELF-HAULING: Transportation by a generator of such person's own waste, solid waste or recyclable material directly to a disposal or recycling site or depot. ''Self-hauling" includes the transportation of

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Solid Waste or recyclable material which the generator produces as an incidental part of the generator's business, such as waste incidental to restaurants, janitorial service, gardening or landscaping, carpentry, remodeling, etc. Waste incidental to the generator's business does not include the accumulated or stored waste, of the generator's customers, clients, tenants, lessees' or members.

SERVICE: The collection, transportation or disposal of, or the resource recovery from, solid waste.

SERVICE AREA: The geographical area in which service, other than operation of a disposal site, is provided by any person.

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SOLID WASTE: :L';ii:O_LG:O-e:o_ul :1 ::,. -~~;Q_putrescible and nonputrescible ""~~.;<-:c-j- :!Q_!JiL_Cl!'='· including but not limited to garbage, rubbish, refuse, ashes, paper and cardboard, sewage sludge, septic tank and cesspool pumpings or other sludge. ·._:::.-~ :~l_',;_~_)r ._·: .. ::; : _; --· 1_commercial, industrial, demolition and construction materials, discarded or abandoned vehicles or parts thereof, .::_;.t, ·.;_ss, · discarded home and industrial appliances, manure, vegetable or animal solid and semisolid materials, dead animals and infectious waste as defined in ORS 459.386. "Solid waste" does not include:

{a) Hazardous waste as defined in ORS 466.005. {b) Materials used for fertilizer or for other productive purposes or which are salvageable as such materials are used on land in agricultural operations and the growing or harvesting of crops and the raising of animals. (c) Woody biomass that is com busted as a fuel by a facility that has obtained a permit described in ORS 468A.040.

SOLID WASTE MANAGEMENT: Prevention or reduction ·of Solid Waste accumulation, including management of storage, collection, transportation. treatment, utilization, processing and final disposal or salvage, source-separation, recycling or reuse of the resource recovery from solid waste, and necessary facilities therefore.

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TRANSFER STATION: A fixed or mobile facility normally used, as an adjunct of a solid waste collection and disposal system or resource recovery system. between a collection route and disposal site, including but not limited to, a large hopper. railroad gondola, barge, stationary compaction drop box facility, processing center, or facility that accepts solid waste from persons for the purpose of removing the solid waste to a disposal site or utilization center.

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UTILIZATION: The terms utilize, utilization, or utilization of solid waste shall mean productive use through recycling. reuse, salvage, resource recovefY, energy recovery, or landfilling for reclamation, habitation, or rehabilitation of land.

WASTE: Useless or discarded materials.

WASTE PREVENTION: To reduce the amount of Solid Waste generated or resources used, without increasing toxicity. in the design, manufacture, purchase or use of products or packaging. ~waste prevention" does not include reducing, recycling or com posting.

WASTE REDUCTION: Reduction of the volume of waste that would otherwise be disposed of in a landfill disposal site through techniques such as source reduction, recycling, reuse or other resource recovefY.

WASTESHED: An area of the state having a common solid waste disposal system as designated by the Environmental Quality Commission as an appropriate area of the state within which to develop a common recycling program.

WASTESHED AGENT: A person identified as the representative for the wasteshed to act as a contact between the affected persons in a wasteshed and the Department of Environmental Quality (DEQ) in matters relating to recycling and to the DEQ Recycling Report.

Section 1.06. Administration.

The Administrator, under the supervision of the Board and with the assistance of the Committee, shall be responsible for the enforcement of this ordinance. In order to carry out the duties imposed by this ordinance, the Administrator shall enter or authorize personnel to enter on the premises of any person regulated by this ordinance at reasonable times and in a reasonable manner to determine compliance with this ordinance and regulations promulgated pursuant thereto.

Section 1.07. Persons and Agencies Exempted.

A. This ordinance shall not apply to: a. Areas lying within the limits of any incorporated municipality actively operating as such. b. Federal or state agencies that collect, store, transport or dispose of solid wastes or

those persons who contract with such agencies to perform service, but only as to the terms for collection or disposal service under the contract or operation of a state or federal disposal site. This exemption shall not apply to disposal on a disposal site operated by a franchisee under this ordinance.

B. In addition to the exemptions in subsection "A" of this section, Section 8.01 and 8.02 of this ordinance shall not apply to:

a. Disposal sites franchised under provisions of this ordinance and in compliance with this ordinance.

b. A person who transports Solid Waste which such person produces directly to an authorized disposal site or resource recovery facility. Solid Waste produced by a tenant, lessee or member shall be considered to be produced by such tenant, lessee or member and shall not be collected or transported by the owner, manager or

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employee of the facility being rented, leased or for which membership benefit may accrue.

c. Construction or demolition contractors who transport Solid Waste incidental to such construction or demolition operations, so long as the Solid Waste is transported in such contractor's own equipment.

d. A person engaged in the practice of pumping, transporting and disposing of septic tank and cesspool pumpings or other sludge. provided such activity is conducted in compliance with applicable state and local laws.

e. A person engaged in the practice of towing or otherwise removing damaged, discarded or abandoned vehicles or parts thereof, so long as such activity is conducted in compliance with applicable state and local laws.

C. Farming practices and agricultural land uses that are regulated by state or federal law or Oregon Administrative Rule. such as Confined Animal Feeding Operations (CAFO), shall be exempt from the provisions of Sections 8.01 and 8.02 of this ordinance. Accumulations of solid waste or other activities on agricultural lands or on farming operations that would otherwise constitute a violation of this ordinance on non-farm lands are not exempt from said sections.

ARTICLE II. SOLID WASTE ADVISORY COMMITIEE

Section 2.01. Solid Waste Advisory Committee.

There is hereby created a Solid Waste Advisory Committee including:

A. Nine members: a. Two representatives of the solid waste collection industry not representing the same

organization. b. One representative of the dairy farming industry. c. One representative of the timber , ,+,..,.H+tl.:t· .. ''·tr ·'1"'- .)· •;'",, ·~ industry. d. One representative of the incorporated cities of Tillamook County. e. Two representatives of the public at large representing the unincorporated areas of

Tillamook County. f. One representative from a transfer station or principle organization responsible for

marketing recyclables from within the wasteshed. g. One representative from the construction industry.

B. Non voting Ex-Officio members of the Committee, including but not limited to: a. The Solid Waste Administrator and County Staff. b. Representatives of incorporated cities may be appointed by each city annually by

resolution. c. Any industry professional so designated by formal action of the Solid Waste Advisory

Committee.

Section 2.02. Appointment of Solid Waste Advisory Committee.

A. Members shall be appointed by the Board. The Board may appoint additional persons to the Committee in these categories. The Board may appoint or approve designation of alternates

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to serve in the absence of persons appointed to the Committee in the event of emergency or short term leave of absence.

B. Public employees shall serve for the term of their Office. Appointment of other persons as members shall be for staggered terms H-;_-~+1-o-'-H"'""' <_.._>FHh--h-+:'+:' ~++i-l--t,-•- .... ~o tnt=-> three year;. _ _t;_g_gJJ t~CH ms. Members shall serve until their qualified successors are appointed. Vacancies shall be filled by the Board for the balance of a members' ·wexpired term. ! : .-~_Qi;:ll_~ __ _tl_a)' dfJ_Q_Q_IIl_",_:_'L:' :U(;;I S ''221~_';

Q/J'~rr]5_a •ntcr1JQQ_t__!_IJ_,_i, ,,_,.-,.,

C. The Committee shall vote one member as Chairperson and another as Vice-Chairperson. The Chairperson shall serve for a period of two years beginning July 1 and ending June 30 of the second year. The Chairperson shall be succeeded by the Vice-Chairperson. The Committee shall nominate and vote for a new Vice-Chair person in April of the year of succession.

D. Five members of the Committee shall constitute a quorum for the transaction of business. The committee shall meet at such time as deemed necessary or as called by the Board. The Chairperson or any three members of the Committee may call a special meeting with ten days notice to other members of the committee; provided however, that members may waive such notice.

Section 2.03. Duties of the Solid Waste Advisory Committee.

In addition to other duties prescribed by this ordinance, the committee shall:

A. Make an executive summary to the Board for the prior fiscal year. Summary shall contain recommendations on development and implementation of a solid waste management plan and any necessary regulations or amendments to this ordinance as needed.

B. In consultation witt\ responsible public officials and with persons providing service: a. Provide a review and periodically update the county solid waste management plan. b. Develop and recommend to the appropriate agency or the Board minimum standards

for location and operation of disposal sites including, but not limited to, protection of adjacent or nearby residents.

C. Provide input and recommendations to the Board on policies, projects, enforcement, budget, rate reviews, contracts and franchises.

D. Supports the county and franchisees in all aspects of waste prevention, reduction, reuse and recycling activities.

E. Perform such other duties as directed by the Board or as the Committee may find necessary to effectively carry out the purposes of this ordinance.

Section 2.04. Regional Solid Waste Committee.

The Committee may appoint one or more members of the Committee to serve on any regional solid waste committee to advise the Board.

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ARTICLE Ill. REGULATION OF SOLID WASTE MANAGEMENT

Section 3.01. Regulation of Solid Waste Management.

Upon its own motion or upon recommendation of the Committee, the Board may adopt reasonable and necessary ordinances, resolutions, or orders regulating solid waste management or implementing this ordinance. Such regulations shall not conflict with ORS Chapters 459 and 459A and rules promulgated pursuant thereto.

ARTICLE IV. FRANCHISING OF SOLID WASTE COLLECTION AND DISPOSAL

Section 4.01. Persons, Activities and Practices Regulated.

Except as provided in Section 1.07 of this ordinance, no private person shall provide service for compensation except, as defined in Section 1.05 of this Ordinance, as authorized by a collection or disposal franchise issued pursuant to this article.

Section 4.02. Applications for Franchises.

A. Application for a franchise shall be submitted to the Administrator. The Administrator may require filing of additional information necessary to determine compliance with this ordinance, ORS Chapters 459 and 459A. and regulations and rules promulgated thereunder together with any other applicable laws or county ordinances.

B. The applicant shall prove to the Board that: a. Applicant can furnish sufficient collection vehicles, equipment, land, facilities, or

personnel to meet the standards established by this ordinance and ORS Chapters 459 and 459A, and regulations or rules promulgated thereunder.

b. Applicant has in force public and damage insurance as will protect the Franchisee from any and all claims for damage or personal injury, including death, which may arise from operations under the franchise. Such insurance shall name the County as an additional insured. Such insurance shall provide coverage for not less than the following:

PROPERTY DAMAGE: PERSONAL INJURY: GENERAL AGGREGATE:

$1,000,000.00 per occurrence $1,000,000.00 per occurrence $2,000.000.00

A Certificate of Insurance documenting the above conditions shall be provided to the County prior to issuance of the Franchise.

c. Applicant has sufficient experience in properly providing service of a comparable quality and quantity to insure compliance with this ordinance, and regulations promulgated thereunder and any franchise issued to him. If the applicant does not prove to the satisfaction of the Board that the applicant has sufficient and successful experience, the Board may require the applicant to submit a corporate surety bond in the amount of $5,000 or 1/12 the estimated gross revenue to be derived from service

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annually, whichever is greater, guaranteeing full and faithful performance by the applicant of the duties and obligations of a franchisee under this ordinance. If the applicant is applying for both a disposal franchise and a collection franchise or collection franchises, the Board may permit the applicant to provide a single bond covering all such liabilities.

d. The applicant shall provide the Opportunity to Recycle in accordance with Chapter 459A of Oregon Revised Statutes. In addition, the franchisee shall comply with any and all rules and regulations adopted by the Department of Environmental Quality.

C. Applicants shall specify the nature, type and extent of service to be provided; any solid wastes that will not be accepted for collection or disposal; and, any special requirements for the handling of hazardous wastes. Applicant shall provide information to customers upon request regarding the proper disposal of any wastes not handled by applicant.

Section 4.03. Specific Collection Franchise requirements.

An applicant for a collection franchise shall prove to the satisfaction of the Board that

A. Applicant will use disposal sites authorized by the Board.

B. Applicant is either: a. Providing service in the service area for which the applicant applies and has a majority

of service accounts in such service area. which shall be evidenced by a list of customers served and a map of the service area; or

b. Applying for a service area that has not been franchised to another person, is not being served by the franchisee after notice and a reasonable opportunity to do so or is not being adequately served by a franchisee and that there is a substantial demand from customers for a change in service to the area.

C. Applicant will, if applying for all or a part of a service·area franchised to another person pursuant to subsection (8) of this section, have available on the first day of such proposed service collection vehicles, containers or other equipment equal to that presently used providing such service and that service would be equal to existing service.

D. The Franchisee shall have in force public and damage insurance as will protect the Franchisee from any and all claims for damage or personal injury. including death, which may arise from operations under the ·franchise. Such insurance shall name the County as an additional insured. Such insurance shall provide coverage for not less that the following:

PROPERTY DAMAGE: PERSONAL INJURY: GENERAL AGGREGATE:

$1,000,000.00 per occurrence $1,000,000.00 per occurrence $2,000.000.00

A current Certificate of Insurance documenting the above conditions shall be provided to the County.

Section 4.04. Specific Site Disposal Franchise Requirements.

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A. An applicant for a disposal site franchise shall submit a duplicate of the information submitted to the Department of Environmental Quality on such site under ORS Chapters 459 and 459A and rules promulgated thereunder.

B. Each applicant shall supply a plan for rehabilitation and use of the site after disposal has been terminated and such use shall be a use permitted within the zone in which such land is located. Such plan shall be prepared at a scale of not less than one inch equals 400 feet with topographical contours, an interval of which shall be not less than 25 feet. In the discretion of the Administrator, Committee or Board, the applicant may be required to furnish a map showing greater detail to determine compliance with this ordinance and standards established by the Board. Amended plans may be submitted for approval in the same manner as the initial plans.

C. Where the land upon which a disposal site would be located is privately owned, the owner of the land and the franchise applicant shall, on forms furnished by the Administrator, jointly and severally agree to accept, to be responsible for or to be liable for:

a. The entry upon the subject premises by persons designated to administer this Ordinance to determine compliance with this ordinance and performance of the obligations of the franchisee and the land owner.

b. Proper establishment, maintenance and operation of the disposal site as required by this ordinance and applicable provisions of ORS Chapters 459 and 459A, rules promulgated thereunder and other laws or county ordinances.

c. Rehabilitation or restoration of the site upon termination of disposal under the land use plan submitted pursuant to subsection (B) of this section or any amendment thereto.

d. The entry upon the subject premises by persons designated by the Board to properly establish, maintain, operate, rehabilitate or restore the site where the landowner or franchisee do not comply with their agreement executed pursuant to this subsection after written notice and a reasonable opportunity to comply as provided in subsection (B) of section 4.10 of this ordinance.

D The Board may order the filing in the county deed records of the agreements executed pursuant to this section as a recorded encumbrance on the real property to assure compliance with the conditions and agreements.

E. The Franchisee shall have in force public and damage insurance as will protect the Franchisee from any and all claims for damage or personal injury, including death, which may arise from operations under the franchise. Such insurance shall name the County as an additional insured. Such insurance shall provide coverage for not less than the following:

PROPERTY DAMAGE: PERSONAL INJURY: GENERAL AGGREGATE:

$1,000,000.00 per occurrence $1,000,000.00 per occurrence $2,000,000.00

A current Certificate of Insurance documenting the above conditions shall be provided to the County.

Section 4.05. Review of Applications for Franchises.

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A. Applications shall be reviewed by the Administrator who shall make such investigation as the Administrator deems appropriate and who may request assistance of other persons as necessary.

B. The Administrator shall notify the holder of or an applicant for another franchise for any part of the service area under consideration or whose existing or proposed disposal site would reasonably be affected by the disposal site under consideration.

C. Unless the time is extended by the Board for good cause, the Administrator shall make the recommendation to the Committee within 30 days after the application and any required supplemental information has been filed.

D. The Committee: a. Shall consider the application and the recommendation of the Administrator at the

next regular meeting of the Committee or at a special meeting called for the purpose. b. May require additional investigation to be made or information to be filed. c. May. after written notice to interested persons, call an informational hearing to permit

interested persons to testify orally or in writing. d. Shall upon the basis of the application, any evidence or testimony submitted and the

Administrator's recommendation, make a finding on the qualifications of the applicant and a finding on whether additional area should be included; additional services be provided; additional equipment, facilities. land or personnel be provided; whether conditions should be imposed on disposal; and, with respect to disposal sites, whether or not the site may be integrated with existing private or public sites and whether or not the site is economically feasible.

e. Shall upon the basis of its findings, transmit its recommendations to the Board to grant, deny or modify or attach appropriate conditions and shall transmit such recommendations within 60 days from the date of the first meeting on the application.

Section 4.06. Board Action on Applications for Franchises.

The Board:

A. May require additional investigation by the Administrator or the Committee if it finds that there is insufficient information on which to base its action.

B. Shall upon the basis of the application, the Administrator's recommendation, the Committee's recommendation and such other information as is before the Board, affirm, deny or modify the findings of the Committee and make an order granting, denying, or modifying the application or attaching conditions thereto.

C. Shall not make an order adverse to the applicant or the holder or applicant for another franchise effective less than 30 days after the date of such order and shall notify such persons in writing of the order. The Board may suspend operation of this subsection and enter an emergency order if it finds that there is an immediate and serious danger to the public or that a health hazard or public nuisance would be created by a delay.

Section 4.07. Exclusive or Joining Service under a Franchise.

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bE; _mg_(i~-- _tjJ.§:J~ca~ u :lWY u.r•.W.L (II-:; J.U!nin:sU~Hq t1) _!$su_~_a t_?~l-~_p_p(_a_r:t_ ~_t;rJi_fi_(:ate. • J :ru fQ[___§_~_t_g_ted pem;-.:~rJgt__t_o ,.:.,.ceed ;;;_\ _-_'lL!J.l_tr]::.L _ _.:;:ntlt_IH1.,; _.:;person to serve a aeti_Q_e_c:! ?§!rv1ce are_g:_q_r__c_u::..~_:)_lner·,.

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the qy_<;l.lli _ _y_Q[1(l_~:~:tent of_~y~~,;<Q __ ~_OL-:io r!dt oe ;~- 0P:clL9J~-~O~ $ __ ~_t_g_l)__ij_~oeQ r_gtes apply, and thQ SJ)_Q_<;_q_o_t_r_a_ctor meec::. ;Hi _;;mer·a est_<'l~1-'l~~1_e_c:L!?.i_·-1_ 1 _c _Qrdit 'd:lce and F· anchts~ ~green•-~_:,_t __ Ttv fr;m~t.lt?.?_~_n_;_u~t_ nor.ty- :he_Jj_dn~i.!JtStrJ:.:;r ur __ a[l__::~l<;;~l ___ GQJ•t(<V,;J~, _Tj_: ~ _Ad_ll!_I_D_i:?_::rawr rna)' r~qutre: Jh~- fr;:w.G.bi_s~e .Jrld su_b~;_._;)n}r.Jci or tl) file suct1_1_ntg_r JlJflli9JL£l _ _s_t_n_~_~g!IlLOJ~U.a_tor

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Section 4.08. Appeal from Determination of Board on Franchise.

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A. An applicant for a franchise or other affected franchise holders or franchise applicants may appeal an adverse order by filing written notice of appeal with the Board within 30 days of the date of the order.

B. Unless an emergency order has been entered, the filing of the notice of appeal shall suspend operation of the order until a final determination by the Board on the appeal.

C. The appellant may request a public hearing as part of the appellant's notice of appeal. The Board may, upon its own motion or upon the request. set a public hearing not more than 30 days from the date of notice of appeal.

D. The Board shall provide an adequate opportunity for the appellant and other interested persons together with affected public agencies or governmental jurisdictions to submit written statements or evidence or, if a public hearing is held, to submit oral or written testimony at a public hearing.

E. Upon the basis of submission or testimony entered pursuant to this section, the Board may affirm, modify or rescind its prior order. Subject to court appeal as provided in this ordinance, the determination of the Board on the appeal shall be final.

F. If the Board makes a final order rejecting all or part of the application for franchise, the applicant may not submit another application containing all or a portion of the same service area or same disposal site for a period of six months unless this provision is waived by the Board upon a finding that the public interest requires reconsideration within a shorter period of time.

Section 4.09. Responsibilities of Franchisees

A. Except as provided in subsection "C" of this section, no franchisee shall voluntarily discontinue service to all or a· substantial portion of the franchisee's service area or at the franchisee's disposal site until the franchisee has:

a. Given 90 days written notice to affected customers in the service area. b. Posted 90 days notice at the disposal site. c. Given 90 days written notice to the Administrator. d. Obtained approval of the Board.

B. Where a franchise is not serving a service area or portion thereof at the time of granting the franchise, the Board may order that service is provided at such time as it finds the service to be necessary and reasonable.

C. Subsection "A" of this section shall not apply to: a. Change, restriction or termination of service when required by any public agency,

public body or court havingjurisdiction. b. Refusal to provide service to customers refusing to pay for service in accordance with

rates established pursuant to this ordinance. Holders of collection franchises shall not discontinue service under this paragraph without a minimum of seven days prior written notice to the customer. Where service has been refused to a customer for refusal to pay for service, the franchisee may require a reasonable deposit to guarantee payment for future services before reinstating such service.

c. Transfer of franchise pursuant to section 4.15 of this ordinance.

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d. Refusal of service to a customer upon reasonable grounds, finding that service at the particular location would jeopardize the safety of the driver of a collection vehicle or the motoring public, that the customer has not provided reasonable access to the pickup point for the containers storing solid waste without hazard or risk to the person providing service or that weather conditions prevent service to the particular customer.

e. Subcontracts under collection franchises pursuant to section 4.07 of this ordinance or to a subcontract to operate a disposal site where the Administrator has approved the subcontract after finding that the quality or extent of service would not be jeopardized. In making the determination, the Administrator may request a recommendation from the Committee, information the Administrator deems necessary to insure compliance and written approval of the owner of the land on which the site is located.

f. Administrator reserves the right to request records or documentation in regard to any of the above actions taken by the Franchisee.

Section 4.10. Enforcement of Franchise Provisions.

In addition to the remedy provided in section 4.11 and penalties provided elsewhere in this ordinance:

A. The Administrator shall, upon reasonable cause, make an investigation to determine if there is sufficient reason and cause to suspend, modify. revoke or refuse to renew a franchise as provided in this subsection.

If, in the judgment of the Administrator, there is sufficient evidence to constitute a violation of this ordinance, ORS Chapters 459 or 459A or the rules or regulations promulgated thereunder, the Administrator shall notify the franchisee in writing of the alleged violation and what steps the franchisee must take to cure the violation and follow the requirements set forth in the notice. The Administrator shall send a copy of the notice to the Committee and may forward a copy to the Board. Upon a finding that a violation exists and that the franchisee is unable to or refuses to cure the violation, the Committee shall make its recommendation to the Board that the franchise be suspended, modified or revoked or that it not be renewed together with any conditions the Committee deems appropriate.

B. In the event that the landowner or franchisee under a disposal franchise does not comply with agreements executed pursuant to section 4.04 to this ordinance within a reasonable time after written notice to comply, the Board may institute proceedings under subsection "C" of this section to enforce compliance. ''Reasonable time" within this subsection shall be determined by the Board upon the basis of the health, safety and welfare of the people of Tillamook County and of the area. In determining what is a "reasonable time," the Board shall give due consideration to, but shall not be limited to, the following:

a. The nature of the deficiency. b. Conditions created by the deficiency. c. Hazards to health or safety. d. Creation of a condition of unsightliness. e. Creation of a public or private nuisance. f. Whether there is a satisfactory alternative practice, procedure or operation.

C. Upon failure of the landowner or franchisee to comply with the Board's order within the time specified therein, the Board shall give 30 days written notice to the landowner or franchisee or both at their last known addresses. The Board may shorten this notice to a period of not less

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than 24 hours notice made to the landowner or franchisee if the Board finds that there is an immediate and serious danger to the public through creation of a health hazard or a public or private nuisance. After required notice, the Board shall hold a public hearing at which all interested persons shall have the right to be heard. After the public hearing and on the basis thereof, the Board shall have the power to order appropriate county agencies to correct the deficiencies in the establishment, maintenance or operation of the site, or to make required rehabilitation or restoration.

D. The cost incurred by the County in carrying out subsection "C" of this section shall be paid by the landowner or franchisee or both. If not paid, the Board may order appropriate action to be taken to impose a lien upon the subject premises.

Section 4.11. Suspension, Modification, Revocation or Refusal to Renew a Franchise.

A. Upon the recommendation by the Committee or upon its own motion, the Board may suspend, modify, revoke or refuse to renew a franchise upon finding that the franchisee has:

a. Willfully violated this ordinance or ORS Chapters 459 or 45A or rules or regulations promulgated thereunder;

b. Materially misrepresented facts or information given in the application for the franchise.

c. Willfully refused to provide adequate service in a defined service area or at the franchised disposal site after written notification and a reasonable opportunity to do so; or

d. Misrepresented the gross receipts from the franchised service area or disposal site if such reports are required by this ordinance or by order of the Board.

B. In lieu of immediate suspension, modification, revocation or refusal to renew a franchise, the Board may order compliance and make the suspension. modification, revocation or refusal to renew a franchise contingent upon compliance with the order of the Board within the period of time stated therein.

C. If the Board suspends, modifies, revokes or refused to renew the franchise, the action shall not become effective until30 days after the date of the order unless the Board finds that there is a serious and immediate danger to the public health or that a public nuisance would be created. The holder of a franchise may request a public hearing before the Board on the order by filing a written request for such hearing with the Board within 30 days after the date of the order. Upon filing of request for the hearing the Board shall set a time and place for a public hearing within 30 days of the request. The franchisee and other interested persons or affected public agencies or public bodies may submit oral or written evidence to the Board relevant to the Board's order. The Board may. following the public hearing, affirm, amend or rescind its prior order and shall do so within 30 days of the public hearing. Subject to court appeal as provided in this ordinance, the determination of the Board shall be final.

Any applicant for a franchise or franchise renewal agrees that it is a condition of the applicant's obtaining and holding the franchise, that whenever the Board finds that the failure of service or threatened failure of service would result in creation of health hazards or public or private nuisance, the Board shall, after reasonable notice but not less than 24 hours notice to the franchisee and a public hearing, if the franchisee request such hearing, have the right to authorize another franchisee or other person to provide service or to use and operate the land, facilities or equipment of the franchise holder through leasing to provide emergency

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service in the event of a serious interruption of service to all or to a class or group of customers for so long as such interruption continues.

Section 4.12. Franchise Term and Renewals.

A. Unless the Board finds that a longer or shorter term is required in the public interest. the term for collection franchise shall be ten years. A franchise term shall be automatically extended one (1} additional year unless the Board, in its sole discretion provides written notice to the Franchisee that it elects not to approve such annual extension. Written notice of the Board's election not to grant an annual extension shall be delivered to the Franchisee within thirty (30) days prior to the next applicable anniversary date. Nothing in this section restricts the Board from suspending, modifying or revoking the Franchise Agreement in the event of gross misconduct. negligence or non-performance on the part of the Franchisee.

B. The term for disposal franchises shall be determined by the Board upon the basis of a recommendation by the Committee based upon site longevity, populations to be served and probable use.

C. Unless grounds exist for refusal to renew a franchise under sections 4.11 and 4.12 of this ordinance, franchises shall be renewable

Section 4.13. Franchise Fees.

The Administrator shall collect, in the manner and at the time provided in this section from the holder of:

A. Any collection franchise an annual fee of $75 per collection vehicle per year. This fee shall be payable on the 30th day of January of each year to be subject to annual review by the Board. Collection vehicle is described as any truck providing hauling service in Tillamook County at any time during the designated year. Annual fee is transferable in the event of vehicle replacement.

B. Any disposal site franchise an annual fee of $75 payable to the Administrator on the 3Qtll day of January of each year.

Section 4.14. Use of Franchise Fees.

Fees collected pursuant to section 4.13 of this ordinance shall be paid into the Solid Waste fund.

The Committee may make recommendations to the Board on a budget for the use of such funds to carry out the provisions of Section 1.03 of this ordinance.

Section 4.15. Transfer of Franchises.

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A franchisee may transfer the franchisee's franchise. or a portion thereof, to other persons only upon written notice to and approval by the Board.

Upon a recommendation and finding by the Committee, the Board shall approve the transfer if it finds that the transferee meets all applicable requirements met by the existing franchise holder. The Board shall approve or disapprove any application for transfer of a franchise within 30 days of receipt of notice by the Board. The Board may extend this time if it finds that there is a substantial question of public health or safety involved which requires additional time for investigation and decision.

Upon recommendation of the Committee, the Board may permit a franchise to be pledged as security for purchase of land, equipment or facilities needed to provide service or to finance purchase of a business providing service under this ordinance. The Board may attach whatever condition it deems appropriate to guarantee maintenance of service.

ARTICLE V. RATES FOR COLLECnON AND DISPOSAL SERVICE

Section 5.01. Determination of Rates.

A. Requests for rate adjustments must be submitted to the Administrator on or before March 31 of each calendar year for Board consideration and review. Rates go into effect lir' 1,;- :;, :_. 1 of the same year. Requests for rate adjustments made after March 31 may be considered under special circumstances at the discretion of the Board.

B. Upon recommendation by the Committee, the Board may by ordinance or order: a. Approve and establish rates filed by applicants for franchises if it finds that such rates

are not demonstratively unreasonable and are not substantially higher than those charged generally in the county under similar service requirements and for the same or similar quality of service or it may establish a different rate schedule.

b. Establish uniform rates throughout the county or establish rates that are uniform within zones based upon the length of haul to disposal sites, concentration of customers and other factors which may. in the opinion of the Board, justify establishment of rate differentials.

c. Establish rates for disposal sites that are uniform throughout the county or different rates for each site or class of sites.

d. Increase or decrease rates based on the cost of doing business. e. Establish an interim rate until the Board makes a final determination on the rate for

that type of service.

C. In determining rates, the committee and the Board shall make a finding that the rates will be just, fair, reasonable and sufficient to provide proper service to the public. The Committee and the Board may consider rates charged by other persons performing the same or similar service in the same or other areas. The Committee and the Board shall give due consideration to:

a. The investment in facilities and equipment. b. The service of management. c. Local wage scales. d. The concentration of customers in the area served. e. Methods of storage, collection, transportation and disposal, salvage, recycling or

refuse.

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f. A reasonable return to the franchisee. g. The length of haul to disposal facilities. h. The cost of disposal.

The use of transfer stations or transfer systems and the added costs. j. The cost of alternate methods of disposal. k. The future service demands of the service area or disposal site which must be

anticipated in equipment, facilities, personnel or land. I. Extra charges for special pickups on days where service is not normally provided on a

collection route. m. Extra charges where the type or character of solid waste. including but not limited to,

solid waste with peculiarly offensive odors, requires special handling or service. n. Extra charges for providingjanitorial service on the premises where service is provided. o. In addition, with respect to disposal sites, the type of site. whether the site is open to

the public and hours, type of waste disposed of and method of disposal. p. Cost of compliance with laws, ordinances or regulations and rules of public agencies or

bodies having jurisdiction. q. Other factors which may. in the opinion of the Committee and the Board, necessarily

affect the rates to be charged.

D. The Board may require an investigation by the Committee of any proposed rates. For the purpose of making this investigation, the Administrator shall assist the Committee and the Committee is authorized to hold public hearings and to take and receive testimony. Upon completion of such an investigation, the Committee shall report the results of any public hearing, its findings and its recommendations to the Board.

Section 5.02. Rate Preferences Prohibited.

A. No franchise subject to rate regulation by this ordinance shall give any rate preference to any person, locality or type of solid waste stored, collected. transported or disposed.

B. Nothing in this section is intended to prevent: a. The reasonable establishment of uniform classes of rates based upon length of haul,

type of solid waste stored, collected, transported or disposed of or the number, type and location of customers served or upon other factors as long as such rates are reasonable based upon costs of the particular service and are approved by the Board in the same manner as other rates.

b. Any person from volunteering service at reduced cost for a charitable, community. civic or benevolent purpose.

Section 5.03. Responsibility for Payment far Charges for Service.

Any person who receives service shall be responsible for payment for such service. The landlord of any premises shall be responsible for payment for service provided to that premises if the tenant does not pay for the service.

ARTICLE VI. REGIONAL COLLECTION AND DISPOSAL

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Section 6.01. Agreements for Joint franchising or Planning.

The Board may enter into agreements with any city or county for joint or regional franchising or collection or disposal service or planning for regional solid waste management.

Section 6.02. Agreements for Allocation of Franchise Fees.

The Board may enter into agreements with any city or county providing for the allocation of franchise fees where franchise service areas cross city or county boundaries.

Section 6.03. Annexation of County Franchised Service Areas.

A. Where a city annexes all or a portion of a service area previously franchised by a county, the city, county and affected persons or local government units providing service shall attempt to reach an agreement to protect the extent and quality of service in areas remaining outside the city, to protect the quality of service within the city and to protect the rights of affected persons or local government units.

B. As provided in Section 6.01 of this ordinance the county and city therein may by agreement provide for the recognition of county franchised areas upon annexation questions and assignment of service areas upon annexation and provide for appropriate procedures. By agreement, a city may authorize the Board to assign the annexed service area subject to city requirements and the Board may submit the question to the Committee for recommendation.

ARTICLE VII. RECYCLING

Section 7.01. Opportunity to Recycle.

All persons in the County shall have the opportunity to recycle. pursuant to ORS 459A, as follows:

A. Landfills and Transfer Stations

a. All landfills and transfer stations open to the public for the disposal of solid waste shall provide a place for the deposit of recyclable material, unless an alternative depot or site is approved by resolution of the Board.

b. The recycling areas shall be kept clean at all times. All recyclable items must be baled or in a container ready to haul in a reasonable time.

B. Recycle Shacks and Depots

a. The county may purchase or otherwise acquire buildings for use as recycling depots (Recycle Shacks) when there is a person or group willing to take responsibility to operate them. This does not preclude franchised haulers or others from supplying and operating their own recycling depots.

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b. The Administrator shall be notified of the location and use of temporary or permanent recycle depots for the public deposit of recyclable material, and the hours of operation and types of materials accepted at them.

c. The operator of any recycling depot shall be responsible to keep it clean and in good repair at all times. Recyclable materials shall not be allowed to accumulate into unsightly or unsanitary piles, and shall be stored out of the weather. The depots shall be properly signed and be highly visible to the public.

d. The county may close the operation of a depot if its continued misuse or neglect becomes a liability to the county.

C. Recycling Collection

a. The Board may require franchised solid waste haulers to provide regularly scheduled on-route collection of recyclable materials as defined by ORS 459A.005. 6e <Jr•,o ,;,,_(:

.;•_,_''d_'_o!__

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r<:_>c;-J,J_1_·;_·,_;u::_Q_i:i_1._ ·-·go ·:,. g ,) e,'-:'c:·~~~ '+ c- ;.1 J b. The franchisees may establish rates, subject to Solid Waste Advisory Committee

recommendation and Board approval, which encourage customers to source separate recyclable materials.

c. Others (individuals, firms or charitable organizations) may collect recyclable materials from within the service areas of franchised haulers, provided that they receive no compensation from the person supplying the recyclable materials. This provision does not allow any person to remove recyclable materials set out for collection by the franchised hauler, or violate any of the provisions in Section 7.03 of this Ordinance.

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All persons responsible for maintaining or providing any of the recycling services provided in Section 7.01 shall submit to the Administrator an annual report. The report shall indicate the monthly estimated types and quantities of recyclable materials collection, and shall indicate where each type of material is delivered.

Section 7.02. Education, Promotion and Notification.

A. The county, in cooperation with the franchisees, cities and schools within the County, shall provide a program of education and promotion to encourage recycling and the reduction of solid waste within Tillamook County.

B. Notice of the opportunity for recycling shall be provided by disposal and collection Franchises to those persons utilizing the Franchisee's services.

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Section 7.03. Prohibited Activities in Recycling.

A. No person shall take recyclable materials that have been set out for collection by a franchised hauler or other persons providing such service.

B. No person shall remove recyclable materials from a container, box collection vehicle, depot or other receptacle for recyclable material without permission of the owner or person in control of the receptacle.

C. No person collecting recyclable materials shall allow such materials to accumulate into unsightly or unsanitary piles. Recyclable materials shall be stored out of the weather.

D. Mixing source separated recyclable materials with solid waste in any vehicle. box, container or receptacle used in solid waste collection or disposal is prohibited.

E. Placing solid waste in any vehicle. box, container, depot or receptacle used for recyclable material is prohibited.

ARTICLE VIII. SOLID WASTE NUISANCES

Section 8.01. Nuisance by Accumulation of Solid Waste.

A. Except as otherwise authorized under this Ordinance, no person shall: a. Deposit, accumulate, store. collect, maintain, or display on private or public property.

solid waste that is offensive or hazardous to the health and safety of the public or which creates offensive odors, or a condition of unsightliness.

b. Deposit, accumulate, store, collect, maintain, or display on private or public property, abandoned, discarded, or unattended appliances, to include, but not limited to: refrigerators, freezers, washers. dryers. or other containers. It shall be unlawful to maintain refrigerators andjor freezers in an unsecured area with a compartment of more than one and one-half cubic feet capacity and a door or lid which locks or fastens automatically when closed.

~Deposit, accumulate, store, collect, maintain, or display upon private or public property, abandoned or inoperable vehicles. : .. , .. , :<~·;~·s,clli -oi'·W ,~- - ..JHt>"' >cl ,~_·r+H.,~

-;o<Hr.:::-d -•ns-rti+.:--~: """'.:...Ph,,.,._, -!."J-hl+•·+·"'t'.-'---.--lnoperable vehicles as defined in Section 1.05 or any vehicle whose condition is not in conformance with the rules and regulations of the Department of Motor Vehicles._ ;•..., .. (_g ~ "r;;, -~--·-~·t-.1 '_·' ;·_:, :::;~L1'

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25

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:ur~-~ 'J', 0.' ,ty - ,, 'J~_Jr ;1_ Jl'-;"-- .,,._:. \ •;

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B. Private households, commercial or industrial businesses generating putrescible solid waste which creates offensive odors or a condition of unsightliness may be required to have such solid waste removed for disposal at an authorized facility at least every seven days or more often if a greater frequency is required for preserving public health and safety.

C. In determining the condition of unsightliness, the zoning of the property and the proximity to residences, commercial businesses or roadways shall be considered.

D. Any deposits, accumulations, storing, collection, mamtaining, or displaying of any solid waste in violation of this section shall be considered to be a public nuisance.

Section 8.02. Nuisance by Unauthorized Disposal of Solid Waste.

A. Except as provided in Section 1.07 and in the definition of Disposal Site as provided in this Ordinance, no person shall:

a. Dispose of solid waste on any land subject to this Ordinance of which the person is not the owner or occupant, except at a disposal site authorized by the Board. The Board shall list the disposal sites which may be used by the public and shall furnish copies of the list upon request.

b. Use or permit to be used any land within the County as a public or private disposal site without approval from the Board, and without approval of the Oregon Department of Environmental Quality.

B. Private households, comrl)ercial or industrial businesses shall not burn any solid waste except for clean wood products, free from rubber, asphalt, asbestos, insulation or other products which would cause toxic air contamination. All burning shall be in accordance with local fire rules, regulations, and restrictions.

C. Persons desiring to bury or dispose in any other manner their own solid waste on their own property may do so in accordance with rules promulgated pursuant to ORS Chapter 459, the Oregon Department of Environmental Quality, and this Ordinance and rules and regulations promulgated thereunder.

D. Any disposing of any solid waste in violation of this section shall be considered to be a public nuisance.

Section 8.03. Nuisance by Littering.

A. No person shall: a. Discard any glass, cans or other similar refuse in any of the waters of the state, as

defined in ORS 4688.005. b. Discard any glass, cans or other trash, rubbish, debris or litter on land within 100 yards

of any of the waters of the state, as defined in ORS 4688.005, other than in receptacles provided for the purpose of holding such trash, rubbish, debris or litter.

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c. Discard any dead animal carcass or part thereof, excrement, putrid, nauseous, noisome, decaying, deleterious or offensive substance into or in any other manner befoul, pollute, or impair the quality of any spring, river, brook, creek, branch, well. ditch, cistern or pond of water.

d. Discard any dead animal carcass or part thereof, excrement, putrid, nauseous. noisome, decaying, deleterious or offensive substance into any road, street. alley, lane, railroad right of way, lot, field meadow or common, or any public land.

e. Create an objectionable stench or degrade the beauty or appearance of property or detract from the natural cleanliness or safety of property by intentionally:

i. Discarding or depositing any rubbish, trash, garbage, debris or other refuse upon the land of another without permission of the owner, or upon any public way or in or upon any public transportation facility.

B. Nothing in this section shall apply to the storage or spreading of manure or like substance for agricultural, silvicultural or horticultural purposes, except that no sewage sludge, septic tank or cesspool pumpings shall be used for these purposes unless treated and applied in a manner approved by the Department of Environmental Quality.

C. A name found on various items in a deposit of rubbish or other solid waste placed on land or in water in violation of this section constitutes rebuttable evidence that the person whose name appears on the items has violated the ordinance. However, the rebuttable presumption created by this subsection exists only when a name on items denotes ownership of the items, such as the name of an addressee on an envelope.

D. In accordance with ORS 459 and Secure Load requirements defined herein, all rubbish, trash, garbage, debris or other refuse transported in Tillamook County must be secured. All persons transporting rubbish, trash, garbage, debris or other refuse shall not permit such material to be leaked, blown, or otherwise escape from a vehicle which the person is operating.

ARTICLE IX. ENFORCEMENT. PENALTIES AND ABATEMENTS

Section 9.01. Enforcement.

It shall be the duty of the Solid Waste Administrator to supervise the administration and the enforcement of this ordinance, except as otherwise specified in this ordinance.

Section 9.02. Penalties.

A. The violations of this ordinance shalt be deemed to be a violation and shall be punishable upon conviction by a fine of between $500 and $1,000 per day, with a total fine not to exceed $10.000.

B. Violation of this Ordinance is subject to citation under the Tillamook County Enforcement Ordinance, Ordinance No. 35, as it may be amended from time to time.

C. Each day of violation of any provision of this Ordinance constitutes a separate offense and is separately punishable, but may be joined in a single prosecution.

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D. The provisions of this section are in addition to, and not in lieu of. any criminal prosecution or penalties as provided by county or state law.

Section 9.03. Abatement.

A. The deposit, accumulation, storage, collection, transportation, or disposal of solid waste by any person in violation of this Ordinance or regulations promulgated thereunder is a nuisance, and the Board or County Counsel may, in addition to other remedies provided by law or by this ordinance, institute injunction, mandamus. abatement, or other appropriate legal proceedings to temporarily or permanently enjoin or abate such storage, accumulation. collection, transportation, or disposal.

B. The express or implied repeal or amendment of any ordinance, or parts of ordinance (s), by adoption of this Ordinance, shall not be construed as abating any actions or legal proceedings now pending under or by virtue of such ordinance so repealed or amended, nor as discontinuing, abating, or modifying any penalty accruing or to accrue nor as affecting the liability of any person, firm or corporation. nor as waiving any right of Tillamook County to enforce any violation of the Solid Waste Franchising and Nuisance Abatement Ordinance of 1973 or its subsequent amendments.

Section 9.04. Abatement by County.

If, in the judgment of the Administrator, a solid waste nuisance violation can best be remedied by having Tillamook County, its employees or its agents remove or othef'Nise abate the violation, then the provisions of this section shall be implemented.

A. The Administrator may order a person who is in violation of Section 8 of this ordinance to remove, discontinue or otherwise abate the violation.

a. An order issued under this section shall: i. Describe the nature and location of the violation; ii. Direct the person to abate the violation within a specified period of time. iii. Explain that a hearing will be held if the violation is not abated. iv. Explain remedies available to the County and the penalties that may be

imposed if the person fails or refuses to comply with the order.

B. If the violation is not abated within the time allowed by Administrator's order, the Board shall hold a hearing.

a. Notice of the hearing shall. i. Establish a place, date and time for a hearing to be held if the violation is

not abated before the date of the hearing. ii. Include a copy of the Administrator's order. iii. Be given by service under ORS 368.406 to the owner of the land.

b. At the hearing the Board shall determine the person responsible for the violation and what must be done to abate the violation.

c. The owner of the property that is the location of the violation shall be responsible for the abatement unless the owner can establish at the hearing there was no reasonable method for the owner to control or abate the violation. The owner shall be considered responsible for the actions of any tenants or other persons lawfully using the owner's property.

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d. The Board shall issue an Order for abatement ordering the owner to abate the violation within a time fixed by the Board. which time shall not be less than 10 days.

B. The Administrator may abate a violation of Section 8 of this Ordinance at any time if any of the following occur:

a. The period of time established for abatement by the Board Order passes and the person ordered to abate the violation has not done so within that time.

b. If a reasonable attempt to provide service for the hearing has been made and no owner, or person believed responsible for the violation, has been located and served.

c. The Administrator determines that the violation creates a substantial risk of damage, injury, health hazard of other emergency condition that requires abatement without delay and without notice of hearing. The administrator is not required to comply with Sections 9.04 (A) and 9.04 (B) of this Ordinance when the Administrator abates a violation under this paragraph.

C. The Administrator may take any reasonable actions under Section 9.04 to abate the violation. The County and its officers, agents and employees are exempt from liability for any reasonable acts performed under this section, including, but not limited to, any reasonable trespass or conversion of personal property.

D. If the Administrator performs any acts under Section 9.04 of this Ordinance. the Administrator shall file a written report with the Board. The report shall contain:

a. Copies of all correspondence to date concerning this abatement. b. An explanation of the acts performed; c. The reasons for performing the acts described; d. The costs incurred in abating the violation. These costs shall include all costs

necessary for the County to provide inspections and to prepare and serve notices and orders; and

e. Any other information required by the Board.

E. Upon receipt of the written report, the Board shall hold a hearing to assess costs for acts performed under Section 9.04(C) of this Ordinance, and to determine persons liable for payment of those costs.

a. Notice of the time. place and date for the hearing shall be given by service under ORS 368.406 to:

i. The person determined under Section 9.04 (B)(b} of this Ordinance to be in violation; or

ii. If no determination of violation has been made under Section 9.04(B)(b) of this Ordinance. to the owner of the land.

b. After consideration of matters presented at the hearing, the Board shall issue a Board Order:

i. Establishing the costs to be paid: ii. Directing the person who the Board determines to be responsible for

payment of the costs to pay the costs within the time established by the Board, which shall not be less than 60 days.

c. The owner of the property that is the location of the violation shall be responsible for payment unless the owner can establish that there was no reasonable method for the owner to control or abate the violation. The owner shall be considered responsible for the actions of any tenants or other persons lawfully using the owner's property.

d. The Board shall provide notice of the results of the hearing to persons ordered to pay costs by service under ORS 368.406.

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F. The Board may recover costs ordered under section 9.04(F) by: a. Bringing an action for recovery of the costs in any court of competent jurisdiction; or b. If the person ordered to pay costs owns real property within the county. filing a copy of

the order with the County Clerk to be entered as a lien upon the real property of that person within the county.

c. If a lien is filed under paragraph (b) of this section: L That lien, when docketed, is prior and superior to all other liens or charges

on the property except taxes: and ii. If the costs ordered to be paid are not paid within the time established by

the Board in the Board Order, the Board shall cause the lien to be foreclosed as provided in ORS Chapter 87.

iii. The Board may increase the Solid Waste budget by the amount of costs recovered or to be recovered under this section.

Section 9.05. Repeated Offenses.

A. Any person convicted more than once for offenses of any of the provisions of this article of this ordinance, in addition to the penalties set forth in Section 9.02, shall be required to obtain solid waste collection service from the franchisee designated to serve their specific area.

B. After the second conviction the offender shall be required to use the collection service for a period of one year. The fee for such service shall be paid in advance for the one year period.

C. After the third conviction the offender shall be required to use the collection service thereafter. The fee for such service shall be paid at least 12 months in advance. Failure to maintain the advance payments to the franchisee shall be an additional violation of this ordinance.

ARTICLE X. APPEALS

Section 10.01. Appeals from Decisions of the Administrator.

The Board may, upon its own motion or upon the request of an interested person or affected public agency or public body, review the decisions of the Administrator made pursuant to this ordinance and may uphold, modify, rescind or leave standing, the decision of the Administrator. For this purpose, the Board may request the recommendation of the Committee and the Board may hold a public hearing with notice to interested persons, public agencies or public bodies.

Section 10.02. Appeals of Decisions of the Board.

All decisions of the Tillamook County Board of Commissioners under this ordinance shall be reviewable by the Circuit Court of the State of Oregon for the County of Tillamook.

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ARTICLE XI. AMENDMENT. CONSTRUCTION, REPEAL OF CONFLICTING ORDINANCES, EFFECTIVE DATE AND EMERGENCY CLAUSE

Section 11.01. Amendment.

Upon recommendation of the Committee or upon its own motion, the Board may from time to time amend the provisions of this ordinance. Amendments shall be made only after public hearing before the Board with such advance notice of the hearing as deemed appropriate by the Board or as generally provided by ordinance, regulation or order of the Board.

Section 11. 02. Severability.

If any Section, Subsection, Provision, Clause or Paragraph of this Ordinance shall be adjudged or declared by any court of competent jurisdiction to be unconstitutional or invalid, such judgment shall not affect the validity of the remaining portions of this Ordinance, and it is hereby expressly declared that every other Section, Subsection, Provision, Clause or Paragraph of this Ordinance, irrespective of the portion thereby declared to be unconstitutional or invalid, be valid.

Section 11.03. Repeal of Conflicting Ordinances.

Any portions of any other ordinance previously enacted by this county which are inconsistent with the provisions of this ordinance are her·-~by repealed.

Section 1L04. Effective Date.

This Solid Waste Ordinance as amended being necessary for the immediate pre"servation of public peace, health, safety and welfare, an emergency is declared to exist, and this Ordinance takes effect immediately upon its adoption.

DATE of First Reading: , ,.,., "~"·'"'·-, ~-1.-·1)-,

DATE OF Second Reading: .)_,,_..::;, _ __,. -'IA-e·

APPROVED AS TO FORM:

William K. Sargent County Counsel

ATIEST: Tassi O'Neil County Clerk

BOARD OF COMMISSIONERS FOR TILLAMOOK COUNTY

Tim Josi, Chair

Mark Labhart, Vice Chair

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By: _____ _ 'il hoi -,.;; ..... ,.~,,~ '-r•,-iH:-1-dl•, Commissioner

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NOTICE OF PUBLIC HEARINGS ON AMENDING ORDINANCE #4 FOR SOLID WASTE

Notice is hereby given that two (2) Public Hearings shall be held before the Board of Commissioners for Tillamook County pursuant to ORS 203.045 (3). The first Public Hearing shall be held on Wednesday, July 1, 2015 at 10:30 a.m., in the Commissioners' Conference Room A of the Tillamook County Courthouse, 201 Laurel Avenue, Tillamook, Oregon 97141. The second public hearing shall be held on Wednesday, July 15, 2015 at 10:30 a.m. in the Commissioners' Conference Room A of the Tillamook County Courthouse, 201 Laurel Avenue, Tillamook, Oregon 97141.

The purpose of these Public Hearings will be to receive public testimony concerning an Amendment to Ordinance #4 amending the general definition, clarifications and additions, updated narrative regarding solid waste nuisances and penalties for non­compliance, amending the membership and functions of the Solid Waste Advisory Committee, and clarifying the provision of recycling collection.

Copies of the Proposed Ordinance are available in the Commissioners' office. Interested persons can obtain more information by contacting the County Commissioners' office at (503) 842-3403.

All persons are welcome to submit written testimony in this matter to the Tillamook County Board of Commissioners, 201 Laurel Avenue, Tillamook, Oregon 97141 or to appear and testify at the Public Hearing.

The Tillamook County Courthouse is handicapped accessible. If special accommodations are needed for persons with hearing, visual or manual impairments who wish to participate in the meeting, please contact (503) 842-3403 at least 24 hours prior to the meeting in order that appropriate communications assistance can be arranged.

Publish June 24, 2015.

Post pursuant to ORS 203.045 (5)(A)