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HomeMy WebLinkAbout20083130.tiff RESOLUTION RE: ACTION OF THE BOARD CONCERNING REVOCATION OF COLORADO RETAIL FOOD ESTABLISHMENT LICENSE - CARNICERIA LA PROVIDENCIA WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, Carniceria la Providencia, located at 2434 10th Street, Greeley, Colorado 80634, is allegedly in violation of the Colorado Retail Food Establishment Rules and Regulations, and WHEREAS, despite efforts by the Weld County Department of Public Health and Environment staff to resolve said matter, the violations have not been corrected, and WHEREAS, on the 19th day of November, 2008, a public hearing was held before the Board of County Commissioners for the purpose of hearing testimony relating to said violations, at which time the Board deemed it advisable to issue a one-month suspension of said Retail Food Establishment License, to be actively suspended for a period of two (2)weeks, to be served from November 19, 2008, to December 2, 2008,with direction to staff to conduct a thorough inspection of the establishment within the two-week active suspension period, and to present the findings of the inspection to the Board at the regularly scheduled meeting of December 1, 2008, with the intention that if staff determined that all critical violations of the Colorado Retail Food Establishment Rules and Regulations had been adequately addressed,and if the operator paid the assessed civil penalty fee of$500.00, the remaining two (2)weeks of the suspension shall be held in abeyance for a period of one (1) month, pending no further critical violations of the Colorado Retail Food Establishment Rules and Regulations during this period, and WHEREAS, at the hearing on December 1, 2008, Esmeralda Velasquez, owner, was present at said hearing, and WHEREAS, staff from the Department of Public Health and Environment conducted a site inspection on November 25, 2008, and reported to the Board that the establishment has made dramatic improvement overall, and has adequately addressed all critical violations of the Colorado Retail Food Establishment Rules and Regulations, has arranged for employees to attend Weld STAR training sessions, and provided payment for the assessed $500.00 civil penalty fee, and WHEREAS, based upon the inspection report provided from the Department of Public Health and Environment, and after hearing testimony from all present, the Board of County Commissioners deems it advisable to hold the remaining two (2) weeks of the suspension in abeyance for a period of six(6)months, pending no further critical violations of the Colorado Retail Food Establishment Rules and Regulations, and WHEREAS,the Board deems it advisable to reconsider the matter in approximately six(6) months, on June 3, 2009, at which time staff from the Department of Public Health and Environment will provide a final progress report regarding the establishment,to determine if further action by the Board will be necessary, or if the matter may be dismissed at that time. 2008-3130 HL0035 HEALTH VIOLATIONS - CARNICERIA LA PROVIDENCIA PAGE 2 NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that said remaining two(2)week suspension of the Retail Food Establishment License for Carniceria la Providencia, located at 2434 10th Street, Greeley, Colorado 80634, be, and hereby is, held in abeyance for a period of six(6)months, pending no further critical violations of the Colorado Retail Food Establishment Rules and Regulations. BE IT FURTHER RESOLVED by the Board that staff from the Department of Public Health and Environment be ordered to conduct monthly inspections of the establishment for the next six (6) months, and to present the findings of the inspections to the Board during the regularly scheduled meeting to be held on June 3, 2008. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 1st day of December, A.D., 2008. BOARD OF COUNTY COMMISSIONERS Al- WELD COUNTY, COLORADO ATTEST: atel `/ :: rs ��� Wit• m H. Jerke, Chair Weld County Clerk to t r B�BY: ce 7 Ro ert sd ro-Te Deputy Clerk tot =•- � Willi F. Garcia (� APP AST • . David E. Long ounty Attorney Douglas ademacher Date of signature: i-V-1-fdP 2008-3130 HL0035 reasce ‘-- , Memorandum Inge TO: Board of County Commissioners From: Dan Joseph, Health Department • COLORADO DATE: December 1, 2008 SUBJECT: Carniceria La Providencia Recommendation As directed by the Board of County Commissioners at the November 19, 2008, hearing, staff of the Weld County Department of Public Health and Environment conducted an on- site visit of Carniceria La Providencia. The visit consisted of discussing what had taken place since the hearing and which items were still to be addressed at the facility to ensure that compliance is obtained and maintained. It was observed that the owner/operator had taken steps to ensure that the facility will come into compliance and stay in compliance. They have rearranged the facility to separate the meat department from the cooking operations. They have thoroughly cleaned the facility and have removed excess equipment that was no longer in use. They are formulating a management structure and have also repaired equipment and physical facilities. In addition, they plan to send two staff people to our English Weld Star (December 8, 2008) class and three staff people to our Spanish Weld Star class (December 15, 2008). The Department requested that they come to the hearing with a finalized version of their management plan, cleaning plan, equipment plan (to help further separate the meat department from the cooking operations) and payment for civil penalty. Based upon the above observations and work accomplished by the Carniceria La Providencia, the Department is recommending that the remaining two weeks of suspension be held in abeyance pending observance of the facility's substantial compliance with the Colorado Retail Food Establishment Rules and Regulations during the next two regular inspections. 2008-3130 Jennifer VanEgdom From: Dan Joseph Sent: Wednesday, November 26, 2008 9:57 AM To: Jennifer VanEgdom; CTB Cc: Deb Adamson; Trevor Jiricek; Sara Evans Subject: Carniceria La Providencia Memo for BOCC Attachments: CLP Memo for BOCC for Dec 1 2008 hearing Dan draft 3.doc; IMG_0116.jpg; IMG_0117.jpg; IMG_0118.jpg CLP Memo for IMG_0116.jpg (4 IMG_0117.jpg(4 IMG_0118.jpg(4 3OCC for Dec 1 20.. MB) MB) MB) Jenny, Please see attached. I also included a few photos that we took while we were there. Let me know if you need anything else. Thanks, Dan 1 t. 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Original Message From: Elizabeth Strong Sent: Tuesday, December 16, 2008 4:59 PM To: Dan Joseph Subject: Carniceria La Providencia I just wanted to verify that payment was remitted for this fine on the day of the hearing, December 1st. Did you receive it? Elizabeth 1 4W - - i`, r -. . , - A ! it y 3•i 3(-.-r,r �� COQ ?wiR • �. It -' Yr ll 4 s= II o Y phs 11 a Iv �, tom..�� 7 s tit t .:i1f qtr. ._ ' ,MEW , 'A 4, * . ,r-- _.. _ ,, / . V .a., •. 4 III s ; Ltatt , I. cet- Ci . ..S1 0\ Cl/ . I li 0 I � y , 6 It i w Y\ 01 I - l . f . 1 ..- . ./' / / F ' in.� a it w..w.FYI it ' • OW4.WOW.IN1014WWn �—,MIS•••I.II•M Mne•t•t MIS~Me Mail -' sup•Y•• tt•1I.1•M*•IN ... WO*it tC.•W eIM!Wa , iiii / cr • 1 \\1\ _ _ Ile tegrasamil‘ tis w , li Ali .. - - Niesk l 1 SI\IIII' 1 :r /Apr _ .r.+•_ • %' . ,! tom- .s • - r.,,. - _ -st __ _ I - 14 • T . QU E RlA 'LA Tortas G • antes • t orta . Burritos Giaarites -i :i .AAA 4 .0 _�� lJtn.l.n t,,.. .nal Lei W. • 'II. Mo.... LNavt• F �• A • ..I e . t if‘t6HVC .1 33.E , 110 "Zrr- . ..d.a at rr-r7 .thy ♦kiptpl. •T>t7"*liana 1...1tvIM IWlnly.-"+I ,�i.G v r.Vm '� _ II•II'AMb L..I♦1..� I04.IP•• �� t Una.WugMM _ _ i t-,v.a,. Tntta•lual Qct..- u•, . . . - . ill 1 N. i . i . _ _� iii IIIMMIla ..r--� . as- N: . 1 tiiulhlllllihl4t\%t% _ _ - F A . , � ««eye.alit„_ . . \\\‘‘\\‘, c\ Nowess. ` � �\ ��. II ‘1\\\11 � IJ \*\ \\ Statl !/1114 //ih!IIPR%t \\\ yjjjjjjjj Ir .11111!lt1i1) Elizabeth Strong From: Dan Joseph Sent: Wednesday, December 17, 2008 9:58 AM To: Elizabeth Strong Subject: RE: Carniceria La Providencia We didn't do a formal inspection, but visited with them on November 25, 2008. Original Message From: Elizabeth Strong Sent: Wednesday, December 17, 2008 8 :48 AM To: Dan Joseph Subject: RE: Carniceria La Providencia Dan, can you tell me the date of your on site inspection, please? The one the Commissioners ordered at the November 19th hearing. Thanks! Elizabeth Original Message From: Dan Joseph Sent: Tuesday, December 16, 2008 8:50 PM To: Elizabeth Strong Subject: RE: Carniceria La Providencia Yes, as we left, they paid the $500 in cash to us. Original Message From: Elizabeth Strong Sent: Tuesday, December 16, 2008 4 :59 PM To: Dan Joseph Subject: Carniceria La Providencia I just wanted to verify that payment was remitted for this fine on the day of the hearing, December 1st. Did you receive it? Elizabeth - >�- 1L:S7ZVE ' �O Hello