SAN JUAN COUNTY, COLORADO BOARD OF COMMISSIONERS MEETING AGENDA September 22. 2021 Due to the continuing COVID-19 emergency. San Juan County meetings will be conducted in a hybrid virtualin-person format. All persons including Board Members. Staff and those with appointments scheduled on the agenda may meet in person or via zoom. Due to the recent COVID Outbreak both the vaccinated and unvaccinated are strongly encouraged to wear a mask. We encourage community members to participate via zoom. Theinbomatonncesan to connecttothe publiemetingislisted below. CALL TO ORDER: 6:30 P.M. BOCC Meeting Minutes for September 8, 2021 APPOINTMENT 6:30 P.M. Peter Butler - CAG Water Quality Proposal 7:00 P.M. Heidi Aggeler, Managing Director Root Policy Research- Housing Assessment 7:30 P.M. Resolution 2021-07 A Resolution Adopting A Policy Regarding The Handling Of Personal Identifying Information (PII) Including Protection, Destruction And Security Breach Reporting CORRESPONDENCE OLD BUSINESS NEW BUSINESS Memorandum of Understanding with the Department of Revenue for Control of Contidential Data Town/County Budget Meeting September 27, 2021 @ 5:30 pm. Public Comment Commissioner and Staff Reports Next Regular Meeting = October 13, 2021 8:30 A.M. Join Zoom Meeting https lIzoom US//92136473203 Meeting ID: 921 3647 3203 One tap mobile +16699006833,92136473203# US (San Jose) +12532158782,92136473203# US (Tacoma) Dial by your location +1 669 900 6833 US (San Jose) + 1 3782 US (Tacoma) +1 7799 US (Houston) +1 646 76 9923 US (New York) +1 301 15 8592 US (Germantown) +1 1 2 799 US (Chicago) Meeting ID: 21 647 3203 SAN JUAN COUNTY BOARD OF COMMISSIONERS REGULAR MEETING WEDNESDAY, SEPTEMBER 8, 2021 AT 8:30 A.M. Call to Order: The meeting was called to order by Chairman Scott Fetchenhier. Present were Commissioners Ernie Kuhlman and Austin Lashley, and Administrator William Tookey. Payment of Bills: Commissioner Kuhlman moved to authorize payment ofthe warrants as presented. Commissioner Lashley seconded the motion. The motion passed unanimous. Minutes: Commissioner Lashley moved to approve the minutes of August 25, 2021 as presented. Commissioner Kuhlman seconded the motion. The motion passed unanimous. Public Health Director Becky Joyce, Emergency Manager Jim Donovan and PIO DeAnne Gallegos were present to provide the Commissioners with a COVID-19 update. The community cooperation with the Public Health Order has resulted in the COVID outbreak that caused San Juan County to be designated as a Level Red to subside. The Mask Mandate will expire on September 10th. It was the recommendation of Public Health to not continue the mask mandate past that date unless a future outbreak warrants it. Commissioner Lashley moved that mask wearing be advisory after the 10th of September unless there are 5 or more cases in a 7 day period. Ifthat occurs the mask mandate will be reimplemented. Social Services Director Martha Johnson was present via Zoom to provide the Commissioners with a monthly update. Commissioner Kuhlman moved to certify Transmittal #7 in the amount of $8,742.19. Commissioner Lashley seconded the motion. The motion passed unanimous. The Commissioners reviewed a letter from the EPA that responded to the April letter from the CAG. The proposed Intergovernmental Agreement for the Reaffirmation ofthe Unified Emergency Management Between San Juan County and the Town of Silverton was presented to the Commissioners for their consideration. Commissioner Lashley moved to approve the IGA as submitted. Commissioner Kuhlman seconded the motion. The motion passed unanimous. The IGA will now be sent to the Town for their consideration. A public hearing was held to receive comment concerning the Sketch Plan from Mr. Gary Bowman for the construction of a single family home on the Cumberland Mill Site. Mr. Bowman was present and was being represented by Mr. Nick Anesi. Also present during the public hearing was County Attorney Dennis Golbricht, Pete Maisel, and Kenny Schaaf. Upon completion of the public hearing Commissioner Lashley moved to approve the sketch plan as submitted with the conditions as listed in the staff report and the additional condition that it be approved only ifthe applicant is successful with his variance request for access to the property. Commissioner Kuhlman seconded the motion. Thc motion passcd unanimous. A request from Mr. Bowman for a variance to Section 4-103 (f)(11) to the San Juan County Zoning and Land Use Regulations concerning access to the Cumberland Mill Site. Commissioner Lashley to approve the variance contingent upon documentation that the property can be accessed by trail across BLM land or via the Durango and Silverton Narrow Gauge Railroad. Commissioner Kuhlman seconded the motion. The motion passed unanimous. County Treasurer Deanna Jaramillo was present to discuss the monthly Treasurer's Report. The Treasurer presented two reports for the Commissioners to consider. the Fund Status Report and the more detailed Fund-Summary Trial Balance. It was the consensus ofthe Commissioners that the Fund Status Report was the preferred report for monthly review. Planning Director Lisa Adair was present to provide the Commissioners with her staff report. Commissioner Lashley moved to go into Executive Session pursuant C.R.S. Section 24-6- 402(4)()()&(I) for Human Resources Discussion as requested by Lois MacKenzie. The Executive Session will include the Commissioners, Lois MacKenzie and Administrator Tookey. The motion was seconded by Commissioner Kuhlman. The motion passed unanimous. The Commissioners went into executive session at 11:40 am. The Commissioners reconvened their regular meeting at 12:25 PM. No action was taken during executive session. Administrator Tookey asked the Commissioners if they would consider acting as the fiscal sponsor for a regional housing grant for technical assistance that the Southwest Council of Governments was planning on submitting to DOLA. It was the consensus ofthe Commissioners to sponsor the housing grant. Having no further business, the meeting was adjourned at 12:30 P.M. Scott Fetchenhier, Chairman Ladonna L. Jaramillo, County Clerk 9/20/21, 2:09 PM San Juan County Mail Bonita Peak CAG Water Quality Proposal Gmail Willy Tookey <admin@sanjuancolorado.us) Bonita Peak CAG Water Quality Proposal butepeter2@gmal.com Dulepeter2egmai.com Wed, Sep 15, 2021 at 5:04 PM To: Willy Tookey <admin@sanjuancolorado.us> Cc: Anthony Edwards solepler@gmal.como, Terry Morris momsi9s0@romaicom Hi Willy- I'm hoping I can get on the agenda to talk with the County Commissioners sometime in the near future. - realize the agenda next Wednesday may already be full. The Bonita Peak CAG is working on a use classification and water quality standards proposal for part of Mineral Creek to put before the Colorado Water Quality Control Commission (WQCC) at its June 2022 San Juan River Basin Rulemaking. The proposal would add an aquatic life use classification and standards protective of that use. Currently, all of the mainstem of Mineral Creek upstream of the confluence with South Mineral Creek has no aquatic life use classification. This was the result of a water quality proposal from the Animas River Stakeholders Group back 2001. At the time, metal concentrations were too toxic to support most aquatic life. Since that time, there have been over a dozen mine remediation projects in the upper reaches the Mineral Creek Watershed that have greatly reduced metal concentrations. Data collected from Mineral Creek at Burro Bridge indicate that copper concentrations have declined by 95%, and zinc and cadmium concentrations have declined by 70% since the early 1990's. In 2016, EPA found brook trout in Mineral Creek between Mill Creek and Burro Bridge. Subsequently, trout have been again found during more recent surveys and a wide diversity of macroinvertebrates, well above the state's index for a healthy aquatic life environment, have also been found. At a minimum, we want to protect the current level of water quality and protect the years of investment that has gone into cleaning up these waters. Clearly, this section of stream requires an aquatic life use classification under the Clean Water Act since the use exists. Less clear is what water quality standards are needed to protect this use. Currently, it appears that all water quality parameters meet the WQCC's Table Value Standards (TVS) in this segment except for zinc and cadmium. TVS are the default standards that WQCC typically applies to protect aquatic life use classifications. Copper and lead are borderline meeting TVS. Concentrations of all four metals are highest around April-May, indicating that large sources of these metals may be mine waste piles. That is a positive development because mine waste is much easier to remediate than mine drainage. Our draft proposal is to adopt TVS for all water quality parameters with the possible exception of zinc and cadmium. We are still examining data to determine what concentrations of those two metals might be attainable and what level may be adequate to protect existing aquatic life. TVS is designed to protect sensitive aquatic life like cutthroat trout. Brook trout are more metal tolerant. https.l/mail.google. com'mailu07k-lA5eneb2lesview-pisaarch-allapermsgld-msg,A3A17H1010792835204717asmpl-msgp"A3A171101079283. 1/2 9/20/21, 2:09 PM San Juan County Mail Bonita Peak CAG Water Quality Proposal Further downstream, the Middle Fork carries high loads of predominately natural iron and aluminum which wipes out aquatic life in Mineral Creek between the Middle Fork and the South Fork. We believe we have enough water quality, fish, and macroinvertebrate data to make a good proposal before WQCC. We know that the U.S. Forest Service has been collecting data in Mineral Creek for several years now. We hope we can work with the Forest Service and utilize their data as well. That includes water quality data, flow data, and macroinvertebrate data. have made several requests for the information which have gone unanswered, and SO far, that data has not been made available to the public. We recognize that the Forest Service may be concerned about how a water quality standards proposal might affect the mine that supplies much of the water for the iron fens around Chattanooga. We don't want to impact this important ecological feature either. Data we have indicates that the mine (known by some as the Ferrocrete) is not a large source of zinc and cadmium to Mineral Creek. The impacts of historical mining on the Animas River Basin has been studied for almost thirty years. There is an enormous amount of data. Over sixty mine remediation projects have been completed. The Bonita Peak CAG feels that lots more study isn't needed. We need to analyze the existing data, make some decisions as to what level of cleanup is feasible and move forward in making the cleanup happen. I would like to discuss this draft proposal with you and the commissioners. I will be making a presentation on it at the next CAG meeting via Zoom on Thursday, Sept. 23rd, 6:30. Thanks, Peter Butter 970-317-0584 htps/mal.google.comimalluo7k-taseaeb2lesvew-pisearch-alspemmsgid-msg-A3A171101079283204717imp-msg,A3A171101079283. 2/2 11 ( / 2 3 5 a - I - ner oT-uer 61-uet SL-uoi LL-uer 9L-uef St-uer bi-uer El-uer zu-uer Li-uer OL-uef 50-uel 30- uef LO-uef 90-uef 50-uel 70 6 Bp2 SAbpe M Ap A W SRR W a 08e A - S SR Pe Sap Br SEN 6 oz-uel 61-100 61-nf 6L-dy 61-uer 81-p0 81-Inf 8L-IdV 8L-uef LIPO LU-Inf LL-ady LL-uef 91-po 91-Inf 91-1dy 9L-uef SL-O -ni a * 4 - a a E * * a * 3 A - - - a a co 6 s 2 e 6 9 N 9 OZoZ 8LOZ 9102 VLOZ ZLOZ OLOZ 800Z 900Z v00Z Z0OZ 000Z 866 L 9661 - 4661 L 2661 L 0661 L 886L 9861 L 486L 286L 0861 LZOZ/0E/0 0ZOZ/0E/LL 0202/0E/9 OZOZ/LE/L 610Z/LE/8 6LOZ/LE/E 8LOZ/LE/0L 8LOZ/LE/S LLOZ/LERL LLOZ/LE/L LLOZ/82/2 9L0Z/0E/6 9L0Z/08/4 SLOZ/OE/LL SLOZ/0E/9 SLOZ/LE/L VLOZ/LE/8 VLOZ/LE/E ELOZ/LE/OL ELOZ/LE/S ZLOZ/LERL ZLOZ/LEIL ZLOZ/62/2 LLOZ/0E/6 LLOZ/0E/ OLOZ/OE/LL 0LOZ/0E/9 OLOZ/LE/L f C 6 - 8 a - B I E - I a 3 8 RESOLUTION NO. 2021-07 THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF SAN JUAN A RESOLUTION ADOPTING A POLICY REGARDING THE HANDLING OF PERSONAL IDENTIFYING INFORMATION (PII) INCLUDING PROTECTION, DESTRUCTION AND SECURITY BREACH REPORTING WHEREAS, C.R.S. $$24-73-101, 102, and 103 ("Security Breaches and Personal Information Statutes"), require, among other things, that when a governmental entity maintains paper or electronic documents that contain "personal identifying information, as that term is defined in C.R.S. $ 24-73-101(4)b). the governmental entity develop a written policy for the destruction and proper disposal of such documents; and WHEREAS, the Security Breaches and Personal Information Statutes also require governmental entities that maintain, own, or license personal identifying information to implement and maintain reasonable security procedures and practices that are appropriate to the nature ofthe personal identifying information and the nature and size of the governmental entity; and WHEREAS, the Security Breaches and Personal Information Statutes also require governmental entities that maintain, own, or license computerized data that includes "personal information" about a Colorado resident to conduct an investigation into, and under certain circumstances, provide notice of, a "security breach. 9 as such terms are defined in C.R.S. S 24-73-103(1)(g) and (h). respectively; and WHEREAS, San Juan County maintains paper or electronic documents that contain personal identifying information, and maintains, or may maintain in the future, computerized data that includes personal information about Colorado residents; and WHEREAS, in accordance with the Security Breaches and Personal Information Statutes, the San Juan County Board of County Commissioners (BOCC) desires to establish policies and procedures regarding the destruction or disposal of paper or electronic documents that contain personal information and personal identifying information, reasonable security procedures and practices regarding personal information and personal identifying information, and investigation and notification requirements related to potential security breaches of personal information. NOW, THEREFORE, BE IT RESOLVED THAT THE FOLLOWING POLICY IS HEREBY ADOPTED EFFECTIVE IMMEDIATELY: Section 1. Definitions "Biometric Data" means unique biometric data generated from measurements or analysis of human body characteristics for the purpose of authenticating the individual when he or she accesses an online account. "Departments" means, collectively, all departments under the supervision and control ofthe San Juan County Commissioners and all County elected officials' offices with the consent of the elected official. "Determination that a Security Breach Occurred" means the point in time at which there is sufficient evidence to conclude that a security breach has taken place. "San Juan County" means San Juan County, Colorado, acting by and through the San Juan County Board of County Commissioners. "Encrypted" means rendered nusable, unreadable, or indecipherable to an unauthorized person through a security technology or methodology generally accepted in the field of information security. "Medical Information" means any information about a consumer's medical or mental health treatment or diagnosis by a health care professional. "Notice" means: written notice to the postal address listed in the records of the governmental entity; telephonic notice:; electronic notice, if a primary means of communication by the governmental entity with a Colorado resident is by electronic means or the notice provided is consistent with the provisions regarding electronic records and signatures set forth in the federal electronic signatures in global and national commerce act," " 15 U.S.C. sec. 7001 etseq.; or substitute notice, if the governmental entity required to provide notice demonstrates that the cost of providing notice will exceed two hundred fifty thousand dollars, the affected class of persons to be notified exceeds two hundred fifty thousand Colorado residents, or the governmental entity does not have sufficient contact information to provide notice substitute notice consists of all ofthe following: e-mail notice if the governmental entity has e-mail addresses for the members of the affected class of Colorado residents; conspicuous posting ofthe notice on the website page oft the governmental entity if the governmental entity maintains one; and notification to major statewide media. "Personal identifying information" means, a social security number; a personal identification number; a password; a passcode; an official state or government-issued driver's license or identification card number, a goverument passport number; biometric dala, as delined in C.R.S $ 2 6-1-716(1)(a): an employer. student. or military identification number; or a financial transaction device, as defined in section C.R.S. $18-5-701(3). "Personal Information" means (A) a Colorado resident's first name or first initial and last name in combination with any one or more of the following data elements that relate to the resident, when the data elements are not encrypted, redacted, or secured by any other method rendering the name or the element unreadable or unusable: social security number; driver's license number or identification card number; student, military, or passport identification number; medical information; health insurance identification number; or biometric data, as defined in this section; (B) a Colorado resident's username or e-mail address, in combination with a password or security questions and answers, that would permit access to an online account; or (C) a Colorado resident's account number or credit or debit card number in combination with any required security code, access code, or password that would permit access to that account. "Personal Information" does not include publicly available information that is lawfully made available to the general public from federal, state, or local government records or widely distributed media. "Security Breach" means the unauthorized acquisition of unencrypted computerized data that compromises the security, confidentiality, or integrity of personal information maintained by a governmental entity good faith acquisition of personal information by an employee or agent ofa governmental entity for the purposes of the governmental entity is not a security breach if the personal information is not used for a purpose unrelated to the lawful government purpose or is not subject to further unauthorized disclosure. The definitions of the Security Breaches and Personal Information Statutes are further hereby incorporated into this Policy to the extent not set forth above. Section 2. DISPOSAL OF PERSONAL IDENTIFYING INFORMATION It shall be the policy for all Departments that, unless otherwise required by state or federal law or regulation, when any paper or electronic documents containing personal identifying information are no longer needed by the Departments, the Departments shall destroy or arrange for the destruction of such paper and electronic documents within the Departments' custody or control by shredding, erasing, or otherwise modifying the personal identifying information in the paper or electronic documents to make the personal identifying information unreadable or indecipherable through any means. The Departments shall implement inter-departmental procedures and policies which address the specific nature of their offices to ensure compliance with this Policy and the Security Breaches and Personal Information Statutes. Section 3. PROTECTION OF PERSONAL IDENTIFYING INFORMATION All Departments shall protect personal identifying information from unauthorized access, use, modification, disclosure, or destruction. The Departments, with assistance from the Information Technologies Department, shall implement and maintain reasonable security procedures and practices that are appropriate to the nature ofthe personal identifying information given the nature of San Juan County and its size as a governmental entity. 3 The Departments shall require that in all contracts with third parties. which either do. or could result in, the exchange of personal identifying information, contractual terms to ensure third parties are subject to, and abiding by, the terms ofthe Security Breaches and Personal Information Statutes and this Policy. Section 4.NOTIFICATION OF SECURITY BREACH The Departments shall immediately notify the County Administrator and the IT Director when it becomes aware that a Security Breach may have occurred. The Departments shall conduct a good faith prompt investigation to determine the ikelihood that personal information has been or will be misused. San Juan County shall give Notice, as provided below, to the affected Colorado residents unless the investigation determines that the misuse of information about a Colorado resident has not occurred and is not reasonably likely to occur. Notice shall be made in the most expedient time possible and without unreasonable delay, but not later than thirty (30) days after the date ofdetermination that a Security Breach occurred, consistent with the legitimate needs of law enforcement and consistent with any measures necessary to determine the scope of the breach and to restore the reasonable integrity of the computerized data system. In the event San Juan County is required to provide Notice, as defined in Section 1, the following information shall be provided to all affected Colorado residents: the date, estimated date, or estimated date range ofthe security breach; a description oft the personal information that was acquired or reasonably believed to have been acquired as part oft the security breach; information that the resident can use to contact the governmental entity to inquire about the security breach; the toll-free numbers, addresses, and websitcs for consumer reporting agencies; the toll-free number, address, and website for the federal trade commission; and a statement that the resident can obtain information from the federal trade commission and the credit reporting agencies about fraud alerts and security freezes. If an investigation by San Juan County determines that personal information has been misused or is reasonably likely to be misused, then San Juan County shall, in addition to the notice otherwise required by above, and in the most expedient time possible and without unreasonable delay, but not later than thirty (30) days after the date of determination that a security breach occurred, consistent with the legitimate needs of law enforcement and consistent with any measures necessary to determine the scope of the breach and to restore the reasonable integrity of the computerized data system: Direct the person whose personal information has been breached to promptly change his or her password and security question or answer, as applicable, or to take other steps appropriate to protect the online account with the person or business and all other online accounts for which the person whosc personal information has bcen brcached uscs the samc username or e-mail address and password or security question or answer. 4 Forlog-in credentials ofan e-mail account furnished by San Juan County, SanJuan County shall not comply with this section by providing the security breach notification to that e- mail address. but may instead comply with this section by providing notice through other methods. as defined in Section 3, or by clear and conspicuous notice delivered to the resident online when the resident is connected to the online account from an internet protocol address or online location from which San Juan County knows the resident customarily accesses the account. The breach of encrypted or otherwise secured personal information must be disclosed in accordance with this section ifthe confidential process, encryption key, or other means to decipher the secured information was also acquired in the security breach or was reasonably believed to have been acquired. Departments are prohibited from charging the cost of providing such notice to individuals. Ifthe Departments use a third-party service provider to maintain computerized data that includes personal information, then the Departments shall require that the third-party service provider shall give notice to and cooperate with San Juan County in the event of a security breach that compromises such computerized data, including notifying San Juan County ofany security breach in the most expedient time and without unreasonable delay following discovery of a security breach, ifi misuse of personal information about a Colorado resident occurred or is likely to occur. Cooperation includes sharing with San Juan County information relevant to the security breach; except that such cooperation does not require the disclosure of confidential business information or trade secrets. Section 5. REPORTING OF SECURITY BREACH If San Juan County must notify Colorado residents of a data breach pursuant to this Policy, then San Juan County shall provide notice of any security breach to the Colorado Attorney General in the most expedient time possible and without unreasonable delay, but not later than thirty (30) days after the date of determination that a security breach occurred, if the security breach is reasonably believed to have affected five hundred Colorado residents or more, unless the investigation determines that the misuse ofinformation about a Colorado resident has not occurred and is not likely to occur. The breach of encrypted or otherwise secured personal information must be disclosed in accordance with this section ifthe confidential process, encryption key, or other means to decipher the secured information was also acquired or was reasonably believed to have been acquired in the security breach. If San Juan County is required to notify more than one thousand (1,000) Colorado residents of a security breach pursuant to this Policy, San Juan County shall also notify, in the most expedient time possible and without unreasonable delay, all consumer reporting agencies that compile and maintain files on consumers on a nationwide basis, as defined by the federal "Fair Credit Reporting Act", 15 U.S.C. sec. 1681a (p), of the anticipated date of the notification to the residents and the 5 approximate number of residents who are to be notified. Nothing in this Policy requires San Juan County to provide to the consumer reporting agency the names or other personal information of security breach notice recipients. This Section 6 does not apply to a person who is subject to Title V of the federal Oramm-Leach-Bliley Act", 15 U.S.C. sec. 6801 et. seq. A waiver oft these notification rights or responsibilities is void as against public policy. ***** NOW THEREFORE, be it resolved that the Board ofCounty Commissioners of San Juan County, Colorado hereby adopts the PERSONAL IDENTIFYING INFORMATION POLICY as set forth herein. READ, PASSED AND ADOPTED this 22nd day of September, 2021 by the Board of Commissioners of San Juan County, Colorado. Scott Fetchenhier, Chairman Austin Lashley Ernest F. Kuhlman Attest: Ladonna L. Jaramillo Clerk and Recorder 6 VENE Memoranum of Understanding for Control of Confidential Data Pursuantoo 529-2-105 41 ORS anabrneourpos: picotairingiom: e Colprato! PACAMATOR mer confidental nformation concerning locai sales takes collected and administered by the Department on behalf of thecity county soecial aissct nersatterrafarred to as Jurisdiction 7 of San Juan County appoints (Namej, William A. Tookey (Title) County Administrator an employee ofthe Jurisdiction, to recerve this confdentalnfomation. The appointes on behalf oft the Jurisdiction and on his or herown benaif, nereby agrees as follows A. Safeguarding Confidential Information: 1. To store and maintain confidential nformation in a secure place. physically and/or electronically. 2. To keep adequate records of what confidential information is recelved and the disposition thereof. 3. Torestrict access to such information to persons whose duties and responsibilities require such access, and to make certain that confidential information is not disclosed to unauthorized persons. 4. The information obtained pursuant to this agreement shall be used only for the purpose of administration and enforcement of the sales and/or use tax laws of the undersigned Jurisdiction: of the State of Colorado 5. To keep confidential the Jurisdiction's sales tax account number, user ID and computer password(s) issued by the Department, and to immediately provide written notification to the Department of any change in person designated in this Memorandum andior the need for a new password for any reason. 6. To keep confidential the monthly report Web site address and the Department's local government support email address. 7. To allow the Department to review the adequacy of the safeguard measures established hereunder. 8. Itis understood and agreed that if any of these safeguards are violated, the Department may refuse to furnish any additional information concerning the status of vendor' 's accounts and/or impose additional or alternative safeguard procedures. It is understood and agreed that violators of confidentiality statutes may be subject to criminal prosecution: and removal from office B. Maintaining Accurate Records: 1. The Jurisdiction shall take an active role in identifying retailers within the boundaries, including, but not limited to, reviewing monthly Department Site and Open or Closed Accounts reports to determine whether retailers are incorrecdy excluded or irciuded IS Department reports and timely advising the Department of annexations or other changes in the jurisdiction involving retailers. 2. The Jurisdiction: shall contact said retailers who are not correctly identified in Department Site and Open or Closed Accounts reports to determine whether such retailers should be included or excluded on monthly reports. 3. The Jurisdiction shall timely notify the Department of corrected information or unresolved issues concerning said retailers. 4. The information obtained pursuant to this agreement shall be used only for the purpose of administration and enforcement of the sales and/or use tax laws of the undersigned, jurisdiction of the State of Colorado. Municipality or County of Date San Juan County 9-22-21 Jurisdiction Mailing Address Appointee Phone Number PO Box 466, Silverton, CO 81433 970-387-5766 Appointee Name" Title William A. Tookey County Administrator Appointee Signature Appointee Email ** nuarcouny@ronterne Name of Chief Administrative Officer or Designee" Title Scott Fetchenhier Chairman, BOCC Chief Administrative Officer or Designee Signature Chief Administrative Officer or Designee Email sicom.fetch@gmal.com Department of Revenue Approval By Title Deputy Executive Director Signature of the chief administrative officer or his/her designee who has authority to enter into contractual agreements on behalf oft the jurisdiction. The person sigring should be someone other than the appointee Thave read the Memorandum of Understanding on Control of Confidential Data as set forth above andl promise and agree to safeguard all confidential information received from the Department of Revenue under this agreement. Notification of matters related to the Local Government Sales Tax Information System will be sent to this email address: The User ID and Password will also be sent to this email address 2E/ ENCE Memorandum of Understanding for Control of Confidential Data for State Retail Marijuana Sales Tax Pursuantto $33-23. 3-203 (1rayii and $39-21-11314 CRS eachlocar goveroment upor requestand for me Curbose of potaining from tne Colbrado Deoartment - ofF Reienue Deparmens confidential information concern sae eta anyuara sales takes distro.tedto the local go: en: : b/ the Departmert the local goverment of/mu pricounty namey San Juan County Appoints (Name William A. Tookey Tisle) County Administrator an amoioyee ofthe local government to receive this conficential nformation The appointee, on behalf oft the local government and D0 n 5 orher: own behalf, hereoy agrees as foilows A. Safeguarding Confidential Information: 1 To store and maintain confidential information in a secure place physically andior electronically, 2 To keep adequate records of what confidential information is received and the disposition thereof. 3 To restrict access to such information to persons whose duties and responsibilties require such access, and to make certain that confidential information IS not disclosed to unauthorized persons. 4. The information obtained pursuant to this agreement shall be used only for the purpose of administration and distribution of the state retail marijuana retail sales tax distribution to the undersigned local government of the State of Colorado. 5. To NOT divulge or make known in any way, including but not limited to, publications such as budget documents or annual reports, any information which identifies or permits the dentification of the amount of sales taxes collected or paid by an individual licensed vendon 6. To keep confidential the local government S account number, user ID and computer password(s) issued by the Department, and to immediately provide written notification to the Department of any change in person designated in this Memorandum and/or the need for a new password for any reason. 7. To keep confidential the monthly report Web site address and the Departments local government support email address 8 To allow the Department to review the adequacy of the safeguard measures established hereunder 9 Itis understood and agreed that if any of these safeguards are violated the Department may refuse to furnish any additional information and/or may impose additional or altemnative sareguard procedures. Itis understood and agreed that violators of confidentiality statutes may be subject to criminal prosecution and removal from office: B Maintaining Accurate Records: The local government shall take an active role in identifying retailers within the boundaries. including. but not limited to: reviewing monthly Department reports to determine whether retailers are incorrectly excluded or included in Department reports and timely advising the Department of annexations or other changes in the jurisdiction involving retailers. 2. The local government shall contact said retailers who are not correctly identified in Department reports to determine whether such retailers should be included or excluded on monthly reports. 3. The local government shall timely notify the Department of corrected information or unresolved issues concerning said retailers. Local Government Date San Juan County 9-22-21 Local Government Mailing Address Appointee Phone Number PO Box 466 970-387-5766 Appointee Name* Title William A. Tookey County Administrator Appointee Signature Appointee Email" anuancouny@ronterna Name of Chief Administrative Officer or Designee" Title Scott Fetchenhier Chairman BOCC Chief Administrative Officer or Designee Signature Chief Administrative Officer or Designee Email com.etch@ymai.com Department of Revenue Approval By Title Deputy Executive Director Signature of the chiet administrative officer or his/her designee who has authority to enter into contractual agreements on behalt of the local government. The person signing should be someone other than the appointee. Ihave read the Memorandum of Understanding on Control of Confidential Data as set forth above and I promise and agree to safeguard all confidential information received from the Department of Revenue under this agreement. Notification of matters related to the State Retail Marijuana Sales Tax Information System will be sent to this email address The User ID and Password will also be sent to this email address. Silverton SANJUAN COUNTY PO Box 250 PO Box 466 Silverton, CO 81433 Silverton, CO81433 970-387-5522 970-387-5766 Date: September 19, 2021. For: September 22 Board ofCounty Commissioners Meeting. From: Town/County Planning Director. Regarding: Some ofthe Planning Department Work During the Past Two Weeks. County Recent Projects Administrative review of a County Land Use Permit Application was completed, for proposed solar panels, to be placed on an existing residence, at Twilight Meadow Subdivision. The conditional approval letter is available upon request. Administrative review ofa a County Land Use Permit Application was completed, for a proposed septic system repair (and some of the other proposed utility improvements), at the existing Moonbeam cabin, near Eureka. The conditional approval letter is available upon request. Administrative review ofa a County Improvement Permit Application is being completed, for a proposed residence, and associated proposed improvements, in the Genoa Lode Subdivision, at County Road 2/Arrastra. The conditional approval letter is almost complete, available upon request. Administrative review ofa County Improvement Permit Application is being completed, for a proposed residence at Twilight Meadow Subdivision. The applicant has submitted information about potential debris flow hazard. The conditional approval letter is being completed. Administrative review of a County Improvement Permit Application is beginning, for a proposed residence in the Know Your Neighbor Subdivision, on Lime Creek Road. A County Land Usc Permit Application has becn submitted, for administrative review, for proposed grading/utility improvements, at the Cole Ranch Subdivision. The County Historic Impact Review Committee (HIRC) recently held a site visit on Ophir Pass. These areas are generating work/calls regarding multiple mining claims: Minnehaha, Deer Park, and along the edge ofTown, especially at both ends ofthe Shrine Road, and near Idaho Gulch. Sunnyside has sent the County a new access easement agreement, to consider renewing, to cross County lands, for the continued monitoring/sampling ofthe Mayflower Mill tailings ponds. Town Recent Projects The Planning Commission packet was assembled, with Town Planning Department Assistant Clark Thornhill. On Sept. 21 the Planning Commission will discuss three Town projects: a proposed townhome subdivision, a proposed duplex in the ED zone, and a work session on school pedestrian safety and parking congestion. The County Commissioners met on Sept. 8, and the Town Board met on Sept. 13. The Town Board discussed many topics, including affordable housing, composting, and the Master Plan, and held a Public Hearing where they conditionally approved a proposed duplex in the ED Zone. The Town Staff meets every Thursday morning, followed by a weekly affordable housing meeting. I met with Town Planning Assistant, and then also Town Administrator, about the 2022 Budget. Please contact me with any questions at (970) 946-9408 or adair@slveron.co.us Page 1 of 1, Staff Report for BOCC, L. Adair, September 19, 2021.