HomeMy WebLinkAbout20102415.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
OCTOBER 11, 2010
The Board of County Commissioners of Weld County, Colorado, met in regular session in full
conformity with the laws of the State of Colorado at the regular place of meeting in the Weld County
Centennial Center, Greeley, Colorado, October 11, 2010, at the hour of 9:00 a.m.
ROLL CALL: The meeting was called to order by the Chair and on roll call the following members
were present, constituting a quorum of the members thereof:
Commissioner Douglas Rademacher, Chair- EXCUSED
Commissioner Barbara Kirkmeyer, Pro-Tem
Commissioner Sean P. Conway
Commissioner William F. Garcia
Commissioner David E. Long
Also present:
County Attorney, Bruce T. Barker
Acting Clerk to the Board, Elizabeth Strong
Director of Finance and Administration, Monica Mika
MINUTES: Commissioner Conway moved to approve the minutes of the Board of County
Commissioners meeting of October 6, 2010, as printed. Commissioner Long seconded the motion, and
it carried unanimously.
CERTIFICATION OF HEARINGS: Commissioner Garcia moved to approve the Certification of
Hearings conducted on October 6, 2010, as follows: 1) USR #1746 — White Bear Management, LLC,
do Polar Gas Front Range, LLC; and 2) USR #1749 — Robert and Gladys Suden, do NE Colorado
Cellular, Inc., dba Viaero Wireless. Commissioner Long seconded the motion, which carried
unanimously.
AMENDMENTS TO AGENDA: There were no amendments to the agenda.
PUBLIC INPUT: No public input was given.
CONSENT AGENDA: Commissioner Conway moved to approve the Consent Agenda as printed.
Commissioner Long seconded the motion, and it carried unanimously.
COMMISSIONER COORDINATOR REPORTS: There were no Commissioner Coordinator Reports.
BIDS:
PRESENT AND APPROVE BID #B1000148, CONCRETE APRON FOR KERSEY GRADER SHED -
DEPARTMENT OF BUILDINGS AND GROUNDS: Monica Mika, Director of Finance and
Administration, stated this bid has been reviewed by staff, and she recommended the low bid from LEC
Construction, LLC, be approved. She indicated that emergency approval is recommended, in order for
construction to be completed before the impending winter weather commences. Commissioner Long
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moved to approve said low bid from LEC Construction, LLC, in the amount of $23,284.80, based on
staff's recommendation. Seconded by Commissioner Conway, the motion carried unanimously.
NEW BUSINESS:
CONSIDER AMENDMENT TO CHILD PROTECTION AGREEMENT FOR SERVICES AND
AUTHORIZE CHAIR TO SIGN - SHILOH HOME, INC.: Judy Griego, Director, Department of Human
Services, stated this amendment was presented to the Board at its work session on September 27,
2010, and it will increase the amount of the contract for day treatment services with Shiloh Home, Inc.,
from $5,000.00, to $9,300.00. She stated a contract with Turning Point has been decreased, in order to
provide the additional funding. Commissioner Long moved to approve said amendment and authorize
the Chair to sign. Seconded by Commissioner Garcia, the motion carried unanimously.
CONSIDER AMERICAN RECOVERY AND REINVESTMENT ACT (ARRA) FUNDED TASK ORDER
CONTRACT FOR CHRONIC DISEASE SELF-MANAGEMENT EXPANSION PROGRAM AND
AUTHORIZE CHAIR TO SIGN: Ms. Griego stated the contract was reviewed at the Board's work
session on August 30, 2010, and it is on behalf of the Area Agency on Aging, which will be the lead
agency for implementation and marketing of the Chronic Disease Self-Management Expansion
Program. She stated the maximum reimbursement amount will be $25,000.00, and the term of the
contract will be October 15, 2010, through March 30, 2012. Commissioner Long moved to approve
said Task Order Contract and authorize the Chair to sign. Seconded by Commissioner Garcia, the
motion carried unanimously.
CONSIDER MEMORANDUM OF AGREEMENT FOR AMERICAN RECOVERY AND REINVESTMENT
ACT (ARRA) CHRONIC DISEASE SELF-MANAGEMENT PROGRAM GRANT FUNDING AND
AUTHORIZE CHAIR TO SIGN — CENTRAL COLORADO AREA HEALTH EDUCATION CENTER:
Ms. Griego stated this Memorandum of Agreement is contingent on the Task Order Contract which the
Board just approved, and the Memorandum of Agreement is a requirement of the Colorado Department
of Public Health and Environment that the Department enter into an agreement with the Central
Colorado Area Health Education Center. She stated the Central Colorado Area Health Education
Center will reimburse the Department $110.00 for each client that completes the necessary number of
Chronic Disease classes, and the agreement will be effective upon signing, through March, 2012.
Commissioner Conway inquired as to what kind of classes will be provided. Ms. Griego stated the
classes are for senior citizens to discuss chronic diseases. In response to Commissioner Conway,
Ms. Griego confirmed the chronic diseases discussed will include heart disease and diabetes, and the
classes will discuss how the participants can self-manage the diseases, with the intent of the senior
citizens being able to remain at home longer and being able to avoid stays in long-term care facilities.
Commissioner Conway moved to approve said Memorandum of Agreement and authorize the Chair to
sign. Seconded by Commissioner Garcia, the motion carried unanimously.
CONSIDER EXPENDITURE AUTHORIZATIONS FOR VARIOUS WORKFORCE DEVELOPMENT
PROGRAMS AND AUTHORIZE CHAIR TO SIGN: Ms. Griego stated the expenditure authorizations
were presented at the Board's work session on September 27, 2010, and the first modification returns
$266,835.00 in unspent WAGNER Peyser funds from Program Year 2009, and adds the funding to the
Program Year 2010. She stated WAGNER Peyser funds provide the basic labor exchange services.
She stated the next item requests Program Year 2009 WAGNER Peyser 10 percent funds, in the
amount of $105,888.00, which is awarded for the Department meeting the required performance
standards, and the funds will be utilized to provide the basic labor exchange services. She stated the
next expenditure authorization is for the Disabled Veteran's Outreach Program, in the amount of
$8,852.00, for Fiscal Year 2011, to support the administrative and operational costs associated with the
Program. Ms. Griego stated the next expenditure authorization is for Fiscal Year 2011, for the Trade
Adjustment Act Program, for case management funding, in the amount of $5,200.00, to cover a portion
of the direct staff costs. She stated the next expenditure authorization is for the Enhanced Dislocated
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Worker Program, and it requests $28,996.00 from the Fiscal Year 2011 Workforce Investment Act
(WIA) 25 percent Enhanced Dislocated Worker funds, to provide employment and training services to
eligible individuals who have lost their jobs due to layoffs or closures. She stated the last expenditure
authorization is for the National Emergency Grant (NEG) On-the-Job Training, and it requests NEG
American Recovery and Reinvestment Act (ARRA) funds, in the amount of $64,840.00, to support a
minimum of six (6) On-the-Job Training contracts for individuals eligible for the Dislocated Worker
Program. Commissioner Conway moved to approve said expenditure authorizations and authorize the
Chair to sign. Seconded by Commissioner Garcia, the motion carried unanimously.
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES - GABINO GUERRERO:
Christopher Woodruff, Assessor, stated this is a request for abatement for the year 2008, for a
restaurant/bar establishment. He stated the property was valued at $60.00 per square foot, and the
2008 value must be determined by utilizing sales from the year 2005 and first half of the year 2006. He
indicated the petitioner has requested the value be decreased to $340,650.00; however, no
documentation was provided by the property Owner to support the request. He stated the property sold
in July, 2006, for $502,000.00, including the liquor license, and staff has valued the property at
$388,800.00 for the year 2008. Mr. Woodruff stated the market value for comparable properties was
$60.00 to $80.00 per square foot; therefore, the property is valued on the low end when considering the
Comparative Sales Approach. He indicated the income data was also evaluated for the period, and
when considering the vacancy and cap rates, the value was determined to be $380,052.00 when
utilizing the Income Approach; therefore, staff has determined the property has been correctly valued
for the year 2008, and he recommends denial of the petition. Chair Pro-Tem Kirkmeyer gave the
opportunity for public testimony; however, none was provided. Commissioner Garcia moved to deny
said petition, based on staff's recommendation. Seconded by Commissioner Conway, the motion
carried unanimously.
CONSIDER TEMPORARY CLOSURE OF CR 60.5 BETWEEN CRS 57 AND 59: Janet Carter,
Department of Public Works, stated said closure will commence October 18, 2010, through October 22,
2010, in order to replace a culvert. She stated the average daily traffic count on County Road 60.5 is
289 vehicles, according to a traffic count conducted in the year 2007, and magnesium chloride will be
utilized for dust control on the detour route. She indicated the Department will be replacing an 18-inch
corrugated metal pipe, and road signs and barricades will be utilized to notify drivers of the closure.
Commissioner Conway moved to approve said temporary closure. Seconded by Commissioner Long,
the motion carried unanimously.
CONSIDER TEMPORARY CLOSURE OF CR 68.5 BETWEEN OFF-SETS OF CR 13: Ms. Carter
stated said closure will commence October 12, 2010, through October 14, 2010, to complete tree
removal. She stated the average daily traffic count on County Road 68.5 is 1,235 vehicles, according
to a traffic count conducted in the year 2008, and the detour route is entirely paved. She stated
message boards will be utilized in advance of the closure, and road signs and barricades will be utilized
throughout the closure. In response to Commissioner Conway, Ms. Carter stated trees often grow
within Weld County rights-of-way, which may cause structural damage to the roadway, or trees may
visually impede a section of roadway and create sight distance issues. Further responding to
Commissioner Conway, Ms. Carter stated the trees being removed are Russian olive trees, which are
noxious, fast growing, and large. Commissioner Garcia moved to approve said temporary closure.
Seconded by Commissioner Conway, the motion carried unanimously.
CONSIDER TEMPORARY CLOSURE OF CR 390 BETWEEN CRS 85 AND 122: Ms. Carter stated
said closure will commence October 18, 2010, through October 22, 2010, in order to replace multiple
culverts. She stated the average daily traffic count on County Road 390 is 137 vehicles, according to a
traffic count taken in the year 2009. She indicated the Department will be replacing multiple 36-inch
pipes in the area, and water will utilized for dust abatement on the detour route. Ms. Carter indicated
Minutes, October 11, 2010 2010-2415
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message boards will be utilized in advance of the closure, and road signs and barricades will be utilized
throughout the closure, in order to notify drivers of the closure. Commissioner Long moved to approve
said temporary closure. Seconded by Commissioner Conway, the motion carried unanimously.
CONSIDER NONEXCLUSIVE LICENSE AGREEMENT CONCERNING INSTALLATION OF
IRRIGATION PIPE AND ELECTRICAL CONDUIT BENEATH CR 59 AND AUTHORIZE CHAIR TO
SIGN - AURORA ORGANIC FARMS, INC.: Ms. Carter stated Aurora Organic Farms, Inc., applied for
a right-of-way permit, in order to install an irrigation pipe and electrical conduit beneath County
Road 59. She indicated that when this type of activity is not being completed by a public utility, the
Department requests the party enter into a nonexclusive license agreement with the County. In
response to Chair Pro-Tem Kirkmeyer, Ms. Carter stated this section of roadway is paved. Chair
Pro-Tem Kirkmeyer inquired as to how the County ensures the road will be appropriately restored.
Ms. Carter indicated a boring technique will be utilized, and there are conditions of the Right-of-Way
Permit and practices the applicants must follow during construction. She indicated there is usually a
warranty period with the Right-of-Way Permit, in which any subsequent damage to the roadway that is
related to the construction must be repaired by the applicant. In response to Chair Pro-Tem Kirkmeyer,
Ms. Carter indicated she is unsure of the sizes; however, she believes the electrical conduit is
approximately four (4) inches in diameter and the irrigation line is approximately eight (8) inches in
diameter. Commissioner Garcia moved to approve said agreement and authorize the Chair to sign.
Seconded by Commissioner Conway, the motion carried unanimously.
CONSIDER ESTABLISHING PETTY CASH FUND AT WELD COUNTY EXTENSION OFFICE: Barb
Connolly, Controller, stated Bill Angell, Director, Weld County Extension Office, requested that a petty
cash fund be established, in the amount of $50.00, due to an occasional need to purchase small items,
for which it is not cost effective to issue a check or use the County purchasing card. In response to
Chair Pro-Tem Kirkmeyer, Commissioner Conway confirmed Mr. Angell spoke to him about the matter,
and it is an efficiency measure, since it does not make sense to go through the purchasing process for
minor expenses. In response to Commissioner Garcia, Ms. Connolly stated the Extension Office is in
possession of one (1) purchasing card; however, there are times employees who are not in possession
of the purchasing card need to make purchases. Commissioner Conway moved to approve said
Resolution. Commissioner Garcia seconded the motion. Commissioner Long indicated he will not be
voting in favor of this motion, and the Extension Office should be able to coordinate better, in order to
make purchases utilizing its purchasing card. He stated there are many Departments which may
determine it is a problem to utilize the purchasing card; however, it is a solvable problem. He inquired
as to whether the Extension Office has any cash transactions. Ms. Connolly clarified the Extension
Office does deal with cash transactions, and the other reason the Extension Office requested the petty
cash fund is to be able to make change. Commissioner Long indicated he will support the Resolution,
since the Extension Office has cash transactions. Commissioner Garcia indicated this was also a
concern he shared, and he does not want to approve petty cash funds for departments without cash
transactions. Ms. Connolly indicated there are other County departments with petty cash funds, which
are periodically audited, in order to ensure the funds are being appropriately handled and that receipts
are being retained. Chair Pro-Tem Kirkmeyer concurred with Commissioners Long and Garcia, and
she stated the e-mail from Mr. Angell indicates the petty cash fund will be utilized for making change
and making small purchases. She stated she would be concerned about small purchases being made
with the petty cash funds and she does not want to encourage any Weld County departments to make
small purchases from the petty cash funds; however, it makes sense to have a petty cash fund, in order
to make change for customers. Commissioner Conway stated he will make Mr. Angell aware of the
concerns the Board has expressed regarding the petty cash fund. He indicated the points made by
Commissioners Garcia and Long and Chair Pro-Tem Kirkmeyer are valid, and he believes Mr. Angell is
primarily concerned with providing good customer service and being able to accommodate people
visiting the Extension Office. He indicated Mr. Angell is not attempting to subvert the purchasing cards;
Minutes, October 11, 2010 2010-2415
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he is simply striving to be efficient and provide good customer service. There being no further
discussion, the motion carried unanimously.
OLD HEALTH BUSINESS:
CONSIDER REVOCATION OF COLORADO RETAIL FOOD ESTABLISHMENT LICENSE - LOS
GALLITOS TAQUERIA (CON'T FROM 9/13/10): Dan Joseph, Department of Public Health and
Environment, stated a hearing was held on September 13, 2010, at which time the Board allowed Los
Gallitos Taqueria to remain open under the conditions that it must participate in two (2) unannounced
inspections to be conducted by the Weld County Department of Public Health and Environment and it
must have inspections conducted by an independent inspection agency every week. The Board
determined if a critical violation was noted at any of the inspections, the establishment would
immediately be closed and it would remain so until today's hearing. He stated the Department
conducted its first inspection on September 22, 2010, and no critical violations were noted on that date;
however, at its second inspection on October 7, 2010, there was a critical cold holding violation noted,
and the establishment was closed at that time. He stated there were no inspections conducted by an
outside inspection agency, and there was no contract signed with an outside inspection agency until
last Thursday. In response to Commissioner Conway, Mr. Joseph indicated the Department
recommends revoking the license, since the independent inspections were not conducted, as directed
by the Board's Resolution. Commissioner Conway inquired as to whether the staff has participated in
training regarding appropriate cold holding. Mr. Joseph stated cold holding violations have repeatedly
been a problem at this establishment, and there have been many discussions regarding the proper cold
holding for potentially hazardous foods. Commissioner Conway inquired as to whether the cold holding
violations are due to an equipment issue. Mr. Joseph indicated the situation regarding the most recent
cold holding violation was that a reach-in freezer had become too cold and the employees had moved
most of the potentially hazardous food items into another freezer; however, the eggs remained on the
top shelf of the unit in question, while the freezer door was left open. He stated there were a few other
food items remaining in the freezer, which were not potentially hazardous, in addition to the eggs.
Zahira Arguello, Manager of Los Gallitos Taqueria, indicated the reason the inspections by an outside
inspection agency were not conducted is because the person the establishment hired to assist in
securing an outside inspection agency did not follow through, and by the time the establishment
secured a contract, it was too late. She clarified the motor within the freezer froze up, and staff moved
the potentially hazardous food items into another freezer; however, the eggs were forgotten. She
indicated everything else was in compliance at the time of the inspection. In response to Commissioner
Conway, Ms. Arguello indicated when she arrived at the restaurant the morning of the inspection, she
and her husband discovered the temperature within the freezer was too high and the motor had
ceased; therefore, the door to the freezer was left open, in order to allow the motor to dethaw, and all
the potentially hazardous items were removed, other than the eggs, which were inadvertently forgotten.
In response to Commissioner Garcia, Ms. Arguello confirmed the restaurant did not take any actions to
secure an agreement with an outside inspection agency outside of the attempt to contract with an
outside inspection agency through its representative.
Armando C de Baca, freelance consultant, stated he was assisting the management of Los Gallitos
Taqueria until they terminated his services on Friday; however, he promised the Board at its last
hearing, on September 13, 2010, he would be present today. He requested to be dismissed since Los
Gallitos Taqueria no longer desires his representation. In response to Chair Pro-Tem Kirkmeyer, Mr. C
de Baca confirmed he was the individual who was in charge of arranging for an agreement with an
outside inspection agency, on behalf of Los Gallitos Taqueria. He indicated the first inspector he made
arrangements with decided she did not want to complete the inspections; therefore, he subsequently
hired and paid the group who was originally going to conduct the inspections; however, the inspections
did not commence before today's hearing.
Minutes, October 11, 2010 2010-2415
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In response to Chair Pro-Tem Kirkmeyer, Mr. Joseph stated during the two (2) inspections the
Department conducted there were approximately five (5) or six (6) customers served; therefore, the
inspections were limited in scope, in regards to food handling; however, the employees did a great job
from what staff was able to observe. He stated Mr. C de Baca informed staff of which agency Los
Gallitos Taqueria was going to hire as the outside inspection agency approximately one (1) week after
the hearing, and then the contract fell through the following week, and the agreement with the other
agency was not signed until last Thursday, when the restaurant had already voluntarily closed, based
on the critical violation noted at the inspection. He stated staff was satisfied with the agency the
restaurant was initially going to hire, since the City and County of Denver and the State had provided
good references for the agency. In response to Commissioner Conway, Mr. Joseph stated
Ms. Arguello had indicated to him that Mr. C De Baca had indicated to her that he had spoken to staff
and everything was being taken care of. He stated it seems Mr. C de Baca was providing different
information to Los Gallitos Taqueria and the Department of Public Health and Environment; however,
the overall goal is for Los Gallitos Taqueria to establish active managerial control at the facility, and
although Los Gallitos Taqueria has improved its inspections, it should have taken control of the
situation with securing an outside inspection agency. In response to Commissioner Conway,
Mr. Joseph confirmed Ms. Arguello has been working on improving the situation at the restaurant and it
is better than it has ever been before; however, there still seems to be a problem with the managerial
control.
Deb Adamson, Department of Public Health and Environment, stated the operations within the
restaurant are far better, and had this been a regular inspection, it would have been a good inspection.
She stated Los Gallitos Taqueria put their trust in Mr. C de Baca, and he did follow through; however,
when he failed to produce an inspector, the management should have taken control of the situation.
She stated after the hearing on September 13, 2010, the management indicated it would like to select a
different inspection service; however, it did not notify staff of which agency it had selected until over
one (1) week later, which caused part of the delay. In response to Chair Pro-Tern Kirkmeyer,
Ms. Adamson stated she and Mr. Joseph conducted the inspection last Thursday together, and many
places have problems with the refrigeration systems this time of the year, when the weather changes.
She stated the refrigeration unit is an older unit with a sliding door, and the sliding door was open, to
allow defrosting, and the unit contained tortillas, produce, and eggs. She stated the eggs were at 60 to
63 degrees, which is the cause for the cold holding violation, and the eggs were located on a high shelf;
therefore, she was unable to see the eggs until Mr. Joseph pointed the eggs out. Ms. Adamson stated
the staff did make an effort to move the items which may become hazardous to a different freezer, and
the eggs were on a high shelf, which she initially overlooked, due to her height. In response to
Commissioner Conway, Ms. Adamson concurred staff may have not seen the eggs, since the eggs
were placed on a high shelf, and she did not see the eggs initially, due to the height of the shelf. In
response to Chair Pro-Tem Kirkmeyer, Ms. Adamson stated the staff at Los Gallitos Taqueria has
always treated the Department staff graciously and they were disappointed when the cold holding
violation was discovered. Chair-Pro Tern Kirkmeyer inquired as to whether the eggs were thrown
away. Ms. Adamson stated the eggs did not need to be discarded, since the eggs had not been out the
proper temperature range for more than four (4) hours; therefore, the eggs were moved into a different
refrigeration unit when the eggs were discovered. In response to Commissioner Conway,
Ms. Adamson clarified if the inspection had not been completed, the eggs would have been out of the
proper temperature range for more than four (4) hours, which would have caused the eggs to be a
health risk. Commissioner Garcia inquired as to what the management of Los Gallitos Taqueria would
like to see happen and what the plan is to correct the situation. Ms. Arguello indicated the
establishment will follow the Board's direction. In response to Commissioner Garcia, Ms. Arguello
confirmed the management does not want the restaurant to have its license revoked, and she indicated
the management will follow up with the outside inspection agency, since Mr. C de Baca did not take
care of the matter, and the refrigeration unit will likely be replaced, since it has been problematic. In
response to Chair Pro-Tem Kirkmeyer, Ms. Arguello confirmed the restaurant has entered into an
Minutes, October 11, 2010 2010-2415
Page 6 BC0016
agreement with an outside inspection agency, to conduct inspections once a week for one (1) month.
Ms. Adamson stated Mr. C de Baca indicated he was going to request the matter be continued another
month, since there is a contract in place for the outside inspections to be conducted by Public Health
and Food Safety Services, LLC. Ms. Arguello stated the contract is in place and she simply needs to
call to notify Food Safety Services, LLC, that the establishment is ready for the inspections to
commence. In response to Commissioner Conway, Ms. Arguello confirmed Food Safety
Services, LLC, will report to the Department of Public Health and Environment. Ms. Adamson stated
the contract was signed by Mr. C de Baca, who is no longer a representative for Los Gallitos Taqueria;
therefore, a new contract is probably necessary. In response to Commissioner Conway, Ms. Adamson
indicated a new contract should be able to be signed today or early tomorrow.
In response to Commissioner Conway, Silvia Cerrillo, Interpreter from the Department of Public Health
and Environment, stated Christina Flores, Part-Owner, indicated she has spoken to Public Health and
Food Safety Services, LLC, about signing the contract, which she is willing to do, and she had trusted
Mr. C de Baca to handle the matter; however, the matter is now in her hands. In response to Chair
Pro-Tem Kirkmeyer, Mr. Joseph confirmed Los Gallitos Taqueria voluntarily closed, per the Board's
direction that if a critical violation was noted at an inspection, the establishment would be closed until
today's hearing. Commissioner Conway stated he is very disappointed in the establishment and he
believes in providing second chances; however, this is a very serious risk to the public's health and
safety, and people could get very sick as a result of the violations. He stated he has to take into
consideration that the person the establishment hired to represent them let them down, and he is
pleased there were no critical violations noted at the first inspection by the Department of Public Health
and Environment. He further stated there were mitigating circumstances concerning the critical
violations in terms of the problem with the refrigerator's motor freezing up, and he is willing to give the
establishment another chance if the contract is signed and the inspections by an outside agency are
completed; however, he is not willing to give any more chances beyond this, and he wants the Owners
to understand the violations are serious. Commissioner Conway recommended an immediate
suspension be implemented if any critical violations are discovered, followed by revocation, and it is the
management's responsibility to ensure the conditions of the Board are met. He stated if the
establishment enters into an agreement with an outside inspection agency and the Department of
Public Health and Environment continues to work with the establishment, the risk to public health and
safety can be minimized. Commissioner Garcia stated this situation has been ongoing for a long time
and it is ultimately the responsibility of the Owners. He stated the Manager tried to resolve the
refrigeration issue by moving items to another refrigeration unit before the inspection commenced, and
the Department of Public Health and Environment found the eggs before the eggs had to be discarded.
He stated there are continuing management issues and he is torn about his decision on this matter;
however, he is leaning towards recommending immediate closure of the establishment and revocation
of the license, since the situation has been ongoing and numerous chances to correct the situation
were given to the establishment by the Department of Public Health and Environment before the matter
ever came before the Board for consideration. Commissioner Garcia stated he is willing to grant more
time to the establishment if the rest of the Board wants to do so; however, another month is too much
time, and a month was too long to grant at the last hearing. Commissioner Long stated he would be
willing to provide the establishment more time, since there has been a great deal of improvement.
Chair Pro-Tem Kirkmeyer stated she is willing to consider giving the establishment more time, as long
as the same four (4) stipulations are included in the Resolution as were included in the previous
Resolution, and as long as the establishment does not open for business until a contract is signed by
the Owners with the outside inspection agency and the contract has been submitted to the Department
of Public Health and Environment. She stated the establishment deserves another chance since it had
a good inspection on September 22, 2010, and the inspection on October 7, 2010, would have been a
good inspection under any other circumstances. She stated the Manager needs to be there every day
and checking that everything is in compliance every day, and it is unfortunate she relied on someone
who did not follow through; however, it is the responsibility of the Owners and the Manager to ensure
Minutes, October 11, 2010 2010-2415
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the stipulations are met. Commissioner Garcia inquired as to whether there should be a pre-opening
inspection, since a critical violation was discovered on October 7, 2010. Chair Pro-Tem Kirkmeyer
stated a pre-opening inspection is a good idea. In response to Commissioner Conway, Commissioner
Garcia stated a pre-opening inspection will alleviate his concern about granting the establishment
additional time. Commissioner Kirkmeyer read the four (4) stipulations from the previous Resolution
into the record, as follows: "1) Public Health Service Agency has agreed with Los Gallitos Taqueria to
conduct weekly unannounced inspections at the expense of Los Gallitos Taqueria. 2) The Department
of Public Health and Environment shall conduct inspections at least every other week. 3) The license
shall be suspended upon a critical violation being cited by the Department of Public Health and
Environment, or reported by Public Health Service Agency. 4) In the event of a critical violation citation
and suspension of the license, the license shall be presented to the Board of Weld County
Commissioners for hearing to consider revocation." She indicated two (2) more stipulations should be
added to the Resolution to indicate a pre-opening inspection must be conducted and that prior to
opening a contract be in place with an outside inspection agency, and a copy of the contract must be
provided to the Department of Public Health and Environment.
In response to Bruce Barker, County Attorney, Chair Pro-Tem Kirkmeyer stated his points are covered
under the third and fourth stipulations. Commissioner Conway moved to continue the matter to
November 10, 2010, with the six (6) stipulations Chair Pro-Tem Kirkmeyer indicated. Commissioner
Long seconded the motion. Commissioner Conway stated Los Gallitos Taqueria has been given an
extraordinary opportunity and the license would have been revoked today under other circumstances;
however, due to the unique circumstances and the improvements, another chance is being given. He
reiterated it is important the management understands this is the last chance they are being given to
correct the situation and these are serious public health and safety issues. There being no further
discussion, the motion carried unanimously. (Clerk's Note: The outside inspection agency the
establishment has selected is Public Health and Food Safety Services, LLC, as opposed to Public
Health Service Agency, which was mistakenly read into the record by Chair Pro-Tern Kirkmeyer, since
she was reading the first four (4) stipulations from the previous Resolution, and Public Health Service
Agency was the agency Los Gallitos Taqueria intended to contract after the last hearing.)
NEW HEALTH BUSINESS:
CONSIDER SUSPENSION OR REVOCATION OF COLORADO RETAIL FOOD ESTABLISHMENT
LICENSE — NUNN CAFE: Mr. Joseph indicated the Nunn Café has failed to maintain compliance with
the Colorado Retail Food Establishment Rules and Regulations, and the Department of Public Health
and Environment has given the establishment every opportunity afforded by Colorado Revised Statutes
to come into compliance, including informal hearings before the matter is considered by the Board of
County Commissioners. He stated staff unfortunately discovered five (5) critical violations at its last
inspection of the establishment, one (1) of which was a repeated violation; therefore, he recommends
the license be revoked or suspended, or that the Board assess a civil penalty, in the amount of
$1,000.00, as a condition of continued operation. He stated Section 25-4-1611, C.R.S., indicates any
time three (3) civil penalties have been assessed against a facility, the Department of Public Health and
Environment is required to bring the matter before the Board of County Commissioners to consider
revocation or suspension of the establishment's license. Mr. Joseph stated there is another statute
which allows staff to bring the matter before the Board if there are continued violations at a facility. He
stated since July, 2007, 14 inspections have been conducted at the Nunn Café and 60 violations were
noted, while a facility which is in compliance would have had just seven (7) inspections conducted
within the same period of time. He stated 43 of the 60 violations cited were critical violations, which is
72 percent of the violations cited, and of the critical violations cited, more than half of those were
foodborne illness risk factors, such as improper cold holding. Mr. Joseph stated the establishment has
received five (5) first notifications of non-compliance, two (2) second notifications of non-compliance,
two (2) civil penalties have been assessed, and an informal hearing summary has been provided to the
establishment. He stated a third civil penalty is recommended today, and four (4) of the certified letters
Minutes, October 11, 2010 2010-2415
Page 8 BC0016
mailed to the establishment were unclaimed. He indicated there were improper cold holding violations
cited nearly every month, and when there was a period of time that a cold holding violation was not
noted, it was because staff was waiting for a certified letter to be claimed, which caused a delay, and
staff eventually delivered the letters in person, when conducting inspections of the facility. Mr. Joseph
stated in addition to improper cold holding, improper hot holding and improper handwashing violations
were cited at the inspections, and materials explaining the proper temperatures and procedures were
provided to the establishment and discussed with the staff at the establishment. He stated one (1) of
the reasons the establishment was not storing food at the proper temperature, is that it stored food in
bowls on top of the coolers, instead of in trays within the coolers, as the coolers are designed to work.
He stated at the informal hearing, he discussed methods to correct the violations and avoid facing
suspension or revocation and additional civil penalties; however, he explained the matter would end up
being considered by the Board if additional cold holding violations were discovered. Mr. Joseph
indicated he also discussed with the establishment the use of thermometers and additional equipment,
such as certain types of pans which help to keep food cold, and discarding food after it has been out of
the proper temperature for a certain amount of time. He stated other violations were noted at the
facility, such as bare hand contact with food, cross-contamination, improper drink storage, and lack of
soap and paper towels, most of which are foodborne illness risk factors. He indicated the facility is not
demonstrating active managerial control, and there continues to be cold holding violations noted, and
there were five (5) critical violations cited at the most recent inspection, as well as some non-critical
violations. Mr. Joseph recommended suspension or revocation of the establishment's license, and he
indicated there is currently a $1,000.00 civil penalty assessed against the facility. Commissioner
Garcia inquired as to whether any of the critical violations were the result of equipment which is
necessary to acquire, as opposed to improper food handling practices. Mr. Joseph indicated there
were some equipment issues, such as non-commercial equipment being utilized, which were not
related to the cold holding issues. He stated the improper cold holding issues were not the result of any
equipment not working properly; the issues were the result of improper practices. In response to
Commissioner Conway, Mr. Joseph confirmed most of the violations are simply a matter of organization
and reprogramming the staff on how to prepare food. He indicated most of the violations did not
involve equipment failing to work properly; the violations were due to food being left outside of
refrigeration units. Responding to Commissioner Conway, Mr. Joseph confirmed most of the violations
will be corrected if the establishment's staff changes its habits, and the Department has suggested
solutions to correct the violations to the establishment. Further responding to Commissioner Conway,
Mr. Joseph stated some of the suggestions were followed, such as raw hamburger was no longer left
unrefrigerated; however, the Department continued to note improper cold holding violations.
Commissioner Conway inquired as to whether the inspections were conducted during busy times at the
restaurant. Mr. Joseph indicated the inspections were mostly conducted over the lunch period, and the
Department staff observed anywhere from just a few people to approximately 20 people being served
during the inspections; enough people were served during the inspections that the Department was
able to observe the food handling practices at the establishment. In response to Chair Pro-Tem
Kirkmeyer, Mr. Joseph clarified at the inspection conducted on September 14, 2010, staff cited a
dented can, which is a critical violation; however, there was no spoiled food. Further responding to
Chair Pro-Tem Kirkmeyer, Mr. Joseph indicated the hygienic practice which was not followed on
September 14, 2010, was an employee was wearing more jewelry than is allowed; even when wearing
gloves, the employees are only allowed to wear one (1) ring when they are involved with food handling,
in order to allow the employees to properly wash their hands and to avoid bits of food from becoming
stuck on the jewelry. In response to Chair Pro-Tem Kirkmeyer, Mr. Joseph clarified the violations listed
in the submitted materials under the category smoking, eating, and drinking were mostly associated
with storing personal drinks in inappropriate places, such as above the preparation tables. Further
responding to Chair Pro-Tem Kirkmeyer, Mr. Joseph stated the item in the submitted materials referring
to a violation regarding rapidly reheating food to 165 degrees Fahrenheit is referring to a situation
where burritos were not correctly reheated, and the violations concerning pesticide application were
Minutes, October 11, 2010 2010-2415
Page 9 BC0016
due to open bait being utilized on two (2) occasions; once in the basement and once in the storage
shed.
Kevin Faulkner, Co-Manager of the Nunn Café, stated he began managing the café around the end of
May, 2010, and photographs Mr. Joseph submitted were taken prior to when he began working there.
He stated seven (7) of the nine (9) employees who were working there when he began managing the
café have been replaced, and he welcomes the assistance from the Department of Public Health and
Environment. He stated there are continuing problems, which he is working on, and Samantha
Champion, Co-Manager, has reviewed the regulation books and she is setting up an education
program for the employees.
Ms. Champion stated she was hired as an employee in June, 2010, and she was asked to help with the
education program in September, 2010. She indicated she has extensive experience with adult
education, as well as with the health field, and she is familiar with cross-contamination, airborne
illnesses, and micro-organisms. She stated she has prepared monthly education programs from the
Colorado Food Establishment Rules and Regulations for all of the employees, and exams will be taken
by the employees, which will be reviewed by her and Mr. Faulkner and then retained in the employees'
personal records. Ms. Champion indicated the monthly education programs will be mandatory, as a
condition of employment, and there will be a mandatory meeting to educate the employees about
immediate concerns of the Department of Public Health and Environment and the reoccurring
violations, which will be conducted this Friday. She stated there will be employee evaluations and
written warnings for violations of the Colorado Food Establishment Rules and Regulations, and she will
post vital rules and regulations. She stated mandatory documentation of daily temperature logs will
also be enforced. Ms. Champion stated one (1) of the reoccurring issues at the café was butter being
left out in small dishes on the tables, and the problem has been rectified by no longer serving butter in
the small dishes. She stated the butter remains refrigerated at all times, until it is placed on the
customer's plate and brought to the table with the meal, and if the butter remains unused on the
customer's plate at the end of the meal, it is discarded. In response to Chair Pro-Tem Kirkmeyer,
Ms. Champion indicated the food service area is being closely monitored and the staff is being
educated; bowls are no longer allowed on top of the cooling units, and the employees have been
instructed the food must remain below the refrigeration lines located on the inside of the tray
compartments on the cooling units. She stated she or Mr. Faulkner will be there at nearly all times of
operation, to ensure the proper cold holding is occurring. Responding to Chair Pro-Tem Kirkmeyer,
Ms. Champion stated raw hamburger is now being kept in the proper refrigeration area. Further
responding to Chair Pro-Tem Kirkmeyer, Ms. Champion stated she was hired by the café as an
employee on June 24, 2010, and she was hired to manage these problems around the middle of
September, 2010.
Commissioner Conway inquired as to why the four (4) certified letters were not claimed. Mr. Faulkner
indicated the letters were sent to the Owner, who is in the State of Arizona today. Responding to
Commissioner Conway, Mr. Faulkner confirmed the Owner is aware of the situation. In response to
Chair Pro-Tem Kirkmeyer, Mr. Faulkner confirmed Judith Hobart is the Owner of the establishment, and
he indicated Ms. Hobart is the person responsible for the raw hamburger being located in the food
preparation area. Mr. Faulkner indicated he provided his home address to the Department of Public
Health and Environment after the last inspection; therefore, he received a copy of the last letter. In
response to Commissioner Long, Mr. Faulkner clarified the Owner does not live in the State of Arizona;
she resides in the State of Minnesota, and the Owner was working at the café on a daily basis, until he
began working at the café in May, 2010. In response to Chair Pro-Tem Kirkmeyer, Mr. Barker
confirmed the Owner needs to agree to any proposed stipulations and the Owner may be responsible
for paying the assessed fine, depending on the arrangement the Managers have with the Owner. He
suggested the Managers be allowed to represent the Owner; however, staff should also follow up with
the Owner, to ensure she is in agreement with the stipulations. Commissioner Conway inquired as to
Minutes, October 11, 2010 2010-2415
Page 10 BC0016
how staff is supposed to follow up with the Owner, when the certified mail is not being claimed and she
resides in Minnesota. Mr. Barker indicated it appears the Owner has turned over the business
operations to the Managers, and by doing so, she is consenting to the Managers acting on her behalf;
however, staff should continue to attempt to notify Ms. Hobart about the situation. In response to
Commissioner Conway, Mr. Barker clarified the fine would not be a lien against the business; however,
the statute does not specify what happens if the fine is not paid. He indicated the statute does specify
the Board cannot both suspend or revoke the license and also assess a fine; however, in the past the
Board has sometimes chosen to hold the suspension in abeyance, pending the payment of the fine and
the establishment remaining in compliance. Ms. Champion stated it is a small group of people who
work at the café, who have established a family-type relationship, and the woman who left the butter
out on the table at the last inspection is devastated that she has put the café in jeopardy, as well as the
employment of her co-workers, and potentially caused a $1,000.00 fine, which the woman feels
responsible for, yet has no means of paying, and she hopes the Board will take this under
consideration. Chair Pro-Tem Kirkmeyer inquired as to who paid the first two (2) civil penalties.
Mr. Faulkner indicated Ms. Hobart paid the fines. Mr. Joseph stated Ms. Hobart also attended the
informal hearing. Ms. Adamson clarified the Owner paid half of the civil penalty and the Department
allowed the rest of the money to be spent on equipment for the cafe, which is allowed under the statute.
In response to Chair Pro-Tem Kirkmeyer, Mr. Faulkner stated he began working at the café on May 25,
2010, which was the date of one (1) of the inspections. Chair Pro-Tem Kirkmeyer stated there have
been very few violations cited since Mr. Faulkner began working at the café, and some of those were
new violations; therefore, he seems to be learning as he goes. She stated improper cold holding
appears to be a serious issue at the café, and she inquired as to how the Managers are addressing the
issue, besides the changes to how the butter is served. Mr. Faulkner indicated most of the cold holding
violations occurred prior to him working at the establishment, and the biggest problem resulting in cold
holding violations was that the Owner believed in leaving the butter out on the tables so it was soft and
because it was convenient to leave the butter out; however, the practice has been changed. He
indicated another problem is the cooler area is located close to the grill area and employees were
stacking items on top of the cooler and not closing the lid, which caused the food not to remain at the
appropriate temperature, and most of the employees were replaced because the staff had learned the
Owner's practices. In response to Chair Pro-Tem Kirkmeyer, Mr. Faulkner confirmed those practices
have been changed. Ms. Champion stated customers have complained they hate the hard, refrigerated
butter; however, staff has been advising the customers the Department of Public Health and
Environment has instructed them this is the practice they need to follow, to be in compliance with the
Health Code. Mr. Faulkner stated he has been placing the butter under the warming lamp when the
order is placed; therefore, the butter is not as hard when it is served with the meal. In response to
Chair Pro-Tem Kirkmeyer, Ms. Champion indicated the employees are only allowed to wear one (1)
ring and non-compliance will result in termination of employment, and the matter will be addressed on
the first exam. In response to Chair Pro-Tem Kirkmeyer, Ms. Champion stated the instance with the
burritos being improperly reheated was the result of a new employee who thought they found a way to
make the process more convenient and efficient by placing the burritos under the heat lamp, which did
not maintain the burritos at the proper temperature. Further responding to Chair Pro-Tem Kirkmeyer,
Ms. Champion stated employee health will be the topic of the first exam; however, the immediate
concerns of the Department of Public Health and Environment will be addressed at the mandatory staff
meeting on Friday, and this will be among the concerns addressed. Responding to Chair Pro-Tem
Kirkmeyer, Mr. Faulkner stated he is aware the open bait for mice is not allowed at the establishment,
and he was unaware the open bait was placed at the establishment and he disposed of it immediately
when it was discovered. In response to Commissioner Conway, Mr. Faulkner confirmed the open bait
is not being placed at the facility by him. Chair Pro-Tem Kirkmeyer provided the opportunity for public
testimony; however, none was given. Commissioner Garcia thanked Mr. Faulkner and Ms. Champion
for being present today, and he stated when he first read the memorandum from staff, the situation
appeared to be very serious, which it is; however, he appreciates the changes the management is
striving to make. He stated the management is striving to change business practices which have been
Minutes, October 11, 2010 2010-2415
Page 11 BC0016
in place for years, yet were not in the best interest of health and safety, and he thinks the tests are a
good idea. He stated he is willing to provide the establishment a little more time to train the employees
and correct the violations. Commissioner Long concurred with Commissioner Garcia. Commissioner
Conway concurred with Commissioner Garcia and he thanked the Managers for being present, since it
helped the Board to appreciate the circumstances at the establishment. In response to Commissioner
Conway, Mr. Joseph stated there have been complaints regarding the establishments; however, there
have not been any reports of illness. Commissioner Conway indicated he appreciates how upset the
employee who left the butter unrefrigerated must be, and he encouraged the Managers to lean on the
staff from the Department of Public Health and Environment. He stated the Board is not trying to be
hard on the café; it is simply trying to ensure public health and safety, and he appreciates the proactive
approach the management is taking with the tests. He stated he understands how difficult it can be to
change existing practices, especially with an absentee owner. Chair Pro-Tem Kirkmeyer concurred
with Commissioner Conway, and she suggested a 90-day continuance, during which time at least two
(2) unannounced inspections will be conducted by the Department of Public Health and Environment,
and she would like to see the follow up on the mandatory testing and meetings, the posting of the rules,
and the documentation of the daily temperature logs, which should be checked at the time of the
inspections. In response to Commissioner Conway, Chair Pro-Tem Kirkmeyer stated she would like to
fine Ms. Hobart; however, she does not expect her to pay. Commissioner Conway inquired as to
whether the Board should consider assessing the fine at the next hearing date. Chair Pro-Tem
Kirkmeyer stated she does not think it would be right to fine the management at this time, since the café
Managers were just recently hired, and she is willing to give the new Managers a chance to correct the
violations. Commissioner Conway concurred with Chair Pro-Tem Kirkmeyer, and he inquired as to
whether the Board should waive the fine. Commissioner Garcia suggested the Board hold the fine in
abeyance. In response to Chair Pro-Tem Kirkmeyer, Mr. Barker confirmed the Board can continue the
entire matter for 90 days. In response to Mr. Joseph, Chair Pro-Tem Kirkmeyer indicated that if a
critical violation is discovered, the license should be suspended and the matter be brought back before
the Board at its earliest convenience. Commissioner Conway suggested the Managers should use this
example as a learning experience for the employees, and he indicated that small mistakes can cause
large problems for the establishment. He indicated the Managers should explain to the employees that
even though the Owner told the employees to follow certain practices, following those practices may
result in the closure of the café. Mr. Joseph stated the situation with this facility is different than Los
Gallitos Taqueria, and he suggested perhaps the language not state if one (1) critical violation is
discovered, which may be something such as an unlabeled spray bottle, it will result in automatic
suspension, since the Board intends to provide a 90-day probationary period to the Nunn Café;
therefore, he suggested language which states if an inspection is unsatisfactory, or multiple repeated
violations are cited, the license will be suspended until the matter can be considered by the Board. In
response to Chair Pro-Tem Kirkmeyer, Mr. Joseph stated first notifications are mailed when a violation
is cited again at a follow up inspection. Ms. Champion inquired as to whether the café will be closed at
the time of the unsatisfactory inspection. Chair Pro-Tem Kirkmeyer confirmed the license would be
automatically suspended and then it would be considered for revocation by the Board at its earliest
convenience. Commissioner Conway moved to continue the matter to January 10, 2011.
Commissioner Garcia seconded the motion, with the conditions that there will be two (2) unannounced
inspections conducted by the Department of Public Health and Environment, and that in the event of an
unsatisfactory inspection, indicating multiple violations or repeated critical violations, the license be
immediately suspended, and that suspension or revocation will subsequently be considered by the
Board at its earliest convenience, and that the $1,000.00 fine be held in abeyance, to be reconsidered
on January 10, 2011. There being no further discussion, the motion carried unanimously.
RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the
Consent Agenda. No Ordinances were approved.
Minutes, October 11, 2010 2010-2415
Page 12 BC0016
Let the minutes reflect that the above and foregoing actions were attested to and respectfully submitted
by the Acting Clerk to the Board.
There being no further business, this meeting was adjourned at 10:40 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST5 " .► � EXCUSED
Dou las Rademacher C air
Weld County Clerk to the B.f rd ,r ♦`
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rbara Kirkmeyer, oo-Tem
BY:
Deputy Clerk to the Boa rI �.�s\'"•< .
� ,t,! Sean P. C
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David E. Long
Minutes, October 11, 2010 2010-2415
Page 13 BC0016
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