HomeMy WebLinkAbout20083081.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
NOVEMBER 19, 2008
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, November 19, 2008, 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 William H. Jerke, Chair
Commissioner Robert D. Masden, Pro-Tem
Commissioner William F. Garcia
Commissioner David E. Long - EXCUSED
Commissioner Douglas Rademacher
Also present:
County Attorney, Bruce T. Barker
Acting Clerk to the Board, Jennifer VanEgdom
Director of Finance and Administration, Donald D. Warden
MINUTES: Commissioner Masden moved to approve the minutes of the Board of County Commissioners
meeting of November 17, 2008, as printed. Commissioner Rademacher seconded the motion, and it
carried unanimously.
CERTIFICATION OF HEARINGS: Commissioner Garcia moved to approve the Certification of Hearings
conducted on November 17, 2008, as follows: 1) Hearing to Receive Input from the Public Regarding the
"O" Street Arterial Corridor Study. Commissioner Masden 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 Rademacher moved to approve the Consent Agenda as printed.
Commissioner Garcia seconded the motion, and it carried unanimously.
COMMISSIONER COORDINATOR REPORTS: Commissioner Masden indicated he attended Energy
Impact hearings last week, and during these hearings he learned that distribution amounts have been
modified; however, those modifications have reduced the amount of funds available for grant projects. He
indicated the committee reviewed requests for approximately$54 million, and there were only$21 million
of funds to distribute between the requests. He indicated the municipalities and organizations within Weld
County have a fair chance of receiving funds, even with the reduced amount available. Chair Jerke stated
a Bill was passed in 2007 which changed the formula for direct distribution, and distribution will now be
based upon production, number of permits for exploration, etcetera, instead of upon employee counts.
2008-3081
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Commissioner Masden confirmed the distribution is based upon production, drilling permits, and impact,
therefore, the various factors are beneficial for Weld County and the organizations within Weld County.
He clarified Weld County is the top county within the State regarding the amount of oil production and
number of drilling permits, and is within the top four regarding amount of gas production. He indicated the
focus will now be centralized on impacted areas, which considerably alters the way that applications for
projects will be evaluated. Chair Jerke stated both grant funding and direct distribution funding are
important to Weld County, and he recommended the Board discuss the recent changes within a work
session. Commissioner Masden confirmed both Weld County and the Town of Windsor presented
requests for a large amount of funds.
NEW BUSINESS:
CONSIDER RESCINDING RESOLUTION#2008-2440,DATED SEPTEMBER 10,2008,AND CONSIDER
REVISED CONTRACT AMENDMENT #3 FOR SINGLE ENTRY POINT AGENCY AND AUTHORIZE
CHAIR TO SIGN: Judy Griego, Director, Department of Human Services,stated the Colorado Department
of Health Care Policy and Financing made a revision to the language to include the full annual value, in
the amount of$3,090,542.35,and there are no other modifications to the contract amendment. She stated
the effective date of the amendment remains as September 1, 2008, and the State is requiring that a
revised amendment be executed. Commissioner Garcia moved to rescind said resolution and approve
said revised contract amendment and authorize the Chair to sign. Seconded by Commissioner Masden,
the motion carried unanimously.
CONSIDER MEMORANDUM OF UNDERSTANDING FOR QUALISTAR RATING PROJECT AND
AUTHORIZE CHAIR TO SIGN - UNITED WAY OF WELD COUNTY: Ms. Griego stated the application
for funds was approved by the Board on September 24, 2008, and the grant award was approved by the
Board on October 27, 2008. She indicated the Memorandum of Understanding appropriates funds, in the
amount of $1,640.00, to United Way of Weld County, for the preparation of staff to meet the Qualistar
Quality Star Rating. She clarified the allowed expenditures include travel expenses, notebook and copies,
orientation to the ratings training, readiness for ratings training, and coaching. She indicated this portion
of the grant must be completed no later than February 28, 2009. Responding to Chair Jerke, Ms. Griego
reiterated the overall grant award is in the amount of$8,840.00, and the portion of funds to be provided
to United Way is $1,640.00. Commissioner Rademacher moved to approve said memorandum and
authorize the Chair to sign. Seconded by Commissioner Masden, the motion carried unanimously.
CONSIDER CHILD PROTECTION AGREEMENT FOR SERVICES AND AUTHORIZE CHAIR TO SIGN -
CHILD ADVOCACY RESOURCE AND EDUCATION, INC. (CARE): Ms. Griego stated Child Advocacy
Resource and Education, Inc.(CARE),will provide parent education classes,community education on child
abuse and neglect, a children's program, and a prevention program, and the Department will reimburse
CARE an amount not to exceed $49,494.00 for calendar year 2009. Commissioner Masden moved to
approve said agreement and authorize the Chair to sign. Seconded by Commissioner Garcia, the motion
carried unanimously.
CONSIDER FOUR CHILD PROTECTION AGREEMENTS FOR SERVICES WITH VARIOUS PROVIDERS
AND AUTHORIZE CHAIR TO SIGN: Ms. Griego stated the two agreements with Idea Forum, Inc., provide
for substance abuse treatment and monitored sobriety services,with funding provided through the CORE
Services and Child Welfare Administration funds. She stated an agreement with Poudre Valley Hospital
provides for wrap-around aftercare services, with funding provided through CORE Services, and the last
agreement with Charles Howard provides for education, training, and consultation services, with funding
provided through Child Welfare Administration funds. Commissioner Garcia moved to approve said
agreements and authorize the Chair to sign. Seconded by Commissioner Masden, the motion carried
unanimously.
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CONSIDER LEASE AGREEMENT FOR STORAGE SPACE AND AUTHORIZE CHAIR TO SIGN -
ENFEOFFMENT, LLC: Commissioner Garcia requested to be recused from consideration of this item of
business, as he holds a financial interest in Enfeoffment, LLC. Ms. Griego stated the lease agreement will
provide basement storage space to benefit the AmeriCorp Program which was displaced by the impending
demolition of the Transportation Services building. She indicated the lease agreement is for a term of six
months, beginning November 15, 2008, and will continue on a month-to-month basis after the six month
term. She further indicated the rent will be $50.00 per month, and the agreement complements the
long-term storage plans of the County. Chair Jerke indicated the rent of$50.00 is a very reasonable price.
Commissioner Masden moved to approve said lease agreement and authorize the Chair to sign.
Seconded by Commissioner Rademacher, the motion carried unanimously.
CONSIDER INTERGOVERNMENTAL AGREEMENT REGARDING SHARED FACILITIES AND
FORENSIC OPERATING GUIDELINES OF THE NORTHERN REGIONAL LAB GROUP AND
AUTHORIZE CHAIR TO SIGN: Kim Fleithman, Sheriffs Office, stated the approval of the agreement will
allow the implementation of a Northern Colorado Regional Laboratory. He stated the host agencies will
split the forensic disciplines, and the Fort Collins Police Department will house the latent prints program
and two full-time impression analysts. He further stated Weld County will house the digital evidence and
video enhancement programs. He clarified seven agencies will follow the established guidelines, and the
regional laboratory system will continue to be developed within the next three to four years. In response
to Chair Jerke, Mr. Fleithman indicated an Executive Board has been established, of which he holds a
position, and this agreement will carry the agencies through any potential problems which may arise.
Further responding to Chair Jerke, Bruce Barker, County Attorney, indicated Cyndy Giauque, Assistant
County Attorney, has reviewed the agreement and operating guidelines. Commissioner Rademacher
moved to approve said agreement and operating guidelines and authorize the Chair to sign.
Commissioner Garcia seconded the motion, and it carried unanimously.
CONSIDER SCOPE OF WORK AND CONDITIONS FOR PROVISION OF PUBLIC TRANSPORTATION
SERVICES IN NON-URBANIZED AREAS: Don Warden, Director of Finance and Administration, stated
the Colorado Department of Transportation(CDOT)provides grant funds for the Mini-Bus Transportation
Program within Weld County. He clarified Weld County will provide matching funds, in the amount of
$108,500.00, and will receive funds in the amount of$143,000.00 from the federal government, through
CDOT. He indicated the program will continue to operate in the same manner as previous years,with the
established routes; however, there is a provision which allows the County to subcontract the program to
the City of Greeley if an Intergovernmental Agreement with the City is finalized at the City Council meeting
on December 16, 2008. Responding to Chair Jerke, Mr. Warden clarified the program will still be at the
discretion of Weld County; however, the option exists to subcontract the program to the City, and a letter
received from a representative of CDOT supports the consolidation efforts. Commissioner Masden moved
to approve said scope of work and conditions. Seconded by Commissioner Garcia, the motion carried
unanimously.
CONSIDER DIRECTING CLERK TO THE BOARD TO HAVE PUBLISHED EMERGENCY ORDINANCE
NO. 239-B, IN THE MATTER OF SUPPLEMENTAL APPROPRIATION FOR THE YEAR 2008:
Mr. Warden indicated the State requires that Emergency Ordinances be published at least once before
they are considered by the Board. He stated the Emergency Ordinance will be considered at the meeting
scheduled on December 17, 2008, and most of the supplemental appropriations this year are additional
grant awards. Commissioner Garcia moved to approve said direction of publication. Seconded by
Commissioner Masden, the motion carried unanimously.
HEALTH:
CONSIDER REVOCATION OF COLORADO RETAIL FOOD ESTABLISHMENT LICENSE-CARNICERIA
LA PROVIDENCIA: Sara Evans, Department of Public Health and Environment, stated Carniceria la
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Providencia is a meat market, restaurant, and grocery store, located at 2434 10th Street, Greeley,
Colorado. She indicated the facility has failed to maintain compliance with the Colorado Retail Food
Establishment Rules and Regulations, even though the Department has given the facility all opportunities
afforded to it to come into compliance. She further indicated inspectors continue to observe violations
which have the potential to directly result in illness for patrons dining, and purchasing meat, at this facility.
She confirmed the Department recommends that the Retail Food Establishment License be revoked;
however, if the license is not revoked, the Department is requesting the Board direct the facility to pay the
assessed civil penalty fee, in the amount of$1,000.00, as a condition of re-opening or continued operation.
In response to Commissioner Garcia, Ms. Evans confirmed one of the representatives present today does
speak English fluently, and the Department has also provided an interpreter for other representatives
requiring assistance.
Deb Adamson, Department of Public Health and Environment, reviewed a PowerPoint Presentation,
marked Exhibit A, and indicated the hearing is being held today because the Department has the
responsibility to ensure a safe food supply exists within Retail Food Establishments. She reviewed the
provisions of the Colorado Retail Food Establishment Rules and Regulations, and she further reviewed
Section 25-4-1609, C.R.S., regarding the process to request revocation or suspension of a license. She
clarified the facility operates a meat market, grocery area,and a small restaurant within shared space,and
the facility has been unable to maintain compliance, being cited for 55 critical violations within eleven
inspections held within the past sixteen months. She further clarified the facility was voluntarily closed
during the previous sixteen month period, due to a rodent and fly infestation, as well as a likely food-borne
illness outbreak. She indicated three civil penalties have been assessed against the facility, and the third
penalty, in the amount of$1,000.000, has not yet been collected by the Department.
Ms. Adamson reviewed the history of the facility, indicating the Meza family operated the store in
December, 2006, prior to the current ownership. She clarified the United States Department of Agriculture
(USDA) received a complaint indicating the slaughtering of farm animals was taking place at the facility,
and upon investigation, the USDA determined animals were not being slaughtered at the facility, rather,
they were only being portioned at the facility. She further clarified the USDA decided to allow the
portioning activities to take place at the site, under the provision that the animals were slaughtered at a
separate dairy, the portioned meat was stored within a separate cooler, and the meat was not placed into
retail sale at the facility. She stated the facility received a food-borne illness complaint in July, 2007, made
by a family who had fallen ill after consuming food at the facility, and the complaint was epidemiologically
linked; however, the Department was not able to obtain laboratory verification. She further stated another
complaint was received in July, 2007, alleging bare hand contact with ready-to-eat foods, and dirty
conditions within the store. Ms. Adamson indicated sixteen violations were cited in August, 2007,from the
City of Greeley Department of Building Inspection, which have since been resolved, and another nine
violations regarding fire hazards were cited following an inspection completed by a Fire Prevention
Specialist,which have also since been resolved. She reiterated the facility voluntarily closed in September,
2007, due to a rodent and insect infestation, refrigeration problems, lack of hot water, and the unsanitary
condition of the store. She indicated complaints were received by the Department in May, 2008, that a
food handler was handling meat with a bloody cut on the hand, workers were tossing meat around within
the meat department,and that the store was in dirty condition. She further indicated when the Department
completed an inspection, the worker indicated he quit working with the meat when he discovered the
bloody cut, and during the inspection,the conditions within the store were passable. She stated it appears
most of the issues at the facility occur during the busy weekend hours, during the high volume of business
transactions.
Ms. Adamson reiterated the facility has received seven regular and four follow-up inspections since
July, 2007, has been assessed with three civil penalties in the amounts of $250.00, $500.00, and
$1000.00, has held an informal hearing within the offices of the Department,and has had three compliance
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Page 4 BC0016
warning letters issued. She clarified warning letters are issued when the establishment provides resolution
of a cited violation, and the letters sent conditions for recurrence of the violation within a certain time
period. She indicated the facility has received extensions on several of the warnings because
improvements within the facility was apparent; however, compliance has not been sustained within the
facility. She expressed her concerns regarding the combination of raw meat cutting in proximity to the
restaurant food preparation and the migration of workers within the facility due to locations of services
sites, refrigeration units, and preparation tables. She stated this facility is also the commissary of record
for three mobile units. Ms. Adamson reviewed graphs depicting violation and enforcement action
comparisons, as well as a copy of an inspection form. She summarized the temperature control violations,
as listed within the presentation, and in response to Commissioner Masden, she clarified the photographs
within the presentation depict food which is being cooled in too big of a container. She further clarified the
food needs to be divided into shallow containers in order to facilitate the proper cooling time restraints.
She further summarized the citations of improper hygienic practices and additional violations of concern
due to the interaction of the raw meat processing and the restaurant preparation. She displayed additional
photographs and indicated the facility has made efforts in the past to correct violations; however, the
efforts have not been sustained on a consistent basis. She stated the facility previously had rodent
infestation issues, due to the difficulty of maintaining cleanliness; however, the facility voluntarily closed
in order to take care of the issue, and there has been no evidence of rodents within the past two
inspections. Ms. Adamson reviewed the Centers for Disease Control food-borne illness risk factors, and
requested the license be revoked due to the food-borne illness risk the facility poses to the public. She
indicated as one violation is resolved at the facility, another arises, and the facility is not properly
maintained, due to lack of managerial control. She clarified the family operated the establishment before
the current ownership, and the same violations have been cited numerous times. Responding to
Commissioner Masden, Ms. Adamson confirmed many of the pictures were taken in year 2007, and there
have been several months within the past two years in which critical violations were not cited at the facility;
however, a warning was issued to the facility approximately one year ago, indicating the violation process
would cease if two regular inspections were satisfactory and did not produce critical violations within the
cited issues. She clarified the warning was extended with the understanding that no critical violations could
be cited within the next inspection; however, within the past two inspections, the facility was again cited
for redundant critical violations. Commissioner Masden indicated he believes a facility,which is continually
found to be in violation, needs to be brought before the Board for consideration in a more timely fashion.
In response, Ms. Adamson indicated the facility did show improvement on several occasions, and staff
wanted to acknowledge the improvement,and encouraged continued compliance. Commissioner Masden
indicated in violation processes where substantial improvement is not witnessed, a hearing should be
scheduled before the Board to obtain the correct enforcement measures.
In response to Commissioner Garcia, Ms. Adamson confirmed the violations are occurring in both the
restaurant preparation area and the meat handling operation within the facility, and the risk for illness is
enhanced by the possibility of cross-contamination between the two uses. She clarified the elimination of
one of the activities would lessen the complexity of the facility, and she confirmed most meat market
facilities contain prep sinks and handwashing sinks for each separate area; however, this facility does not.
Further responding to Commissioner Garcia, Ms.Adamson indicated the meat market and the restaurant
are both licensed through one license. In response to Chair Jerke, Ms. Adamson reiterated the facility is
located within a strip mall on 10th Street, within the City of Greeley, and is directly south of the Pizza Hut
located on 10th Street.
Manuel Meza, facility manager, through interpretation by Silvia Cerrillo, Department of Public Health and
Environment, indicated he is working to improve the facility, and he invited the Board to come tour the
facility to see that the facility is now is better operating shape. He indicated he has proof that major
electrical work has been completed within the facility, and he has additional photographs which address
the rodent infestation issues. He further indicated he has been working with Ms. Adamson to come into
Minutes, November 19, 2008 2008-3081
Page 5 BC0016
compliance, and he clarified there have never been any injured employees working during an inspection
completed by the Department.
Maria Meza, employee, stated the Department staff have been writing up violations which they have not
witnessed in person. She indicated the person which provided the food-borne illness complaint was a man
who got into a fight with her brother the week prior, and the man threatened to take action to shut down
the facility. She confirmed no laboratory work was completed to provide proof of the food-borne illness,
and when she originally requested the name of the person who provided the complaint, staff would not
provide the name. She indicated her brother was the employee who was supposedly handling the meat
with a cut on his hand; however, as he was leaving the establishment, a patron noticed his cut and filed
a complaint with the Department. Mr. Meza,through interpretation by Ms. Meza,stated staff has indicated
that the facility has made major improvements, and most of the problems indicated in the photographs
happened over a year ago. Ms. Meza stated a pest control service comes to the facility on a weekly basis,
and a contracted company also provides soap and paper towels for the hand sinks. She clarified the
company installed the paper towel dispenser over the prep sink utilized for the meat handling operations,
which was cited as a violation by staff, therefore, the dispenser has since been removed.
Mr. Meza clarified he has been managing the facility for approximately one year; however, the facility has
been at this location for over ten years. He clarified the facility was in bad shape when he took over the
management, and it has not been possible for him to fix all the necessary problems within a short period
of time. He indicated the rodent infestation and the other violations which have been cited under his
management were also present at the store in the past; however, the store was not previously cited with
violations through the inspection process, and it seems unfair for staff to be picking on him. Ms. Meza
indicated the facility is only operating one mobile unit at this time, and many other establishments within
the area operate up to ten units; however, Department staff spend more time completing inspections for
this establishment than the other establishments. She clarified she understands that staff has been
working with the facility to come into compliance; however, she has complained about other facilities and
staff does not follow up with inspections due to the complaints.
Mr. Meza indicated if the facility is given one more chance, he will ensure that staff will continue to work
on coming into compliance. He reiterated he has paperwork which indicates the major improvements
which have been completed at the facility, and confirmed that staff has been working to correct the
necessary problems. Ms. Meza indicated the inspector from the City of Greeley found numerous code
violations during the inspection in August, 2007; however, she is surprised that none of the violations were
cited during inspections completed in previous years since most of the violations were substantial issues.
She clarified all of the violations were corrected within one week of the inspection report from the City of
Greeley. She indicated she believes the City inspector mis-identified her sister,who was handling children
within the store, as herself, handling food within the restaurant, since their appearances are very similar
in nature. She indicated Department staff inspected the store and served notice of a violation without
giving her a chance to explain that she had been working in the kitchen while her sister was working with
the children. Mr. Meza indicated he feels like he is being mistreated by the Department, and that the
Department is purposely conducting inspections at the facility on a too-frequent basis. He clarified many
of the mobile vendors in the area do not cook the food which is sold within a proper establishment, and
he has lodged complaints to Mr. Joseph to investigate these units; however, Mr. Joseph has repeatedly
allowed these vendors to continue operations.
Ms. Meza indicated the facility was cited for severely dented cans on the shelves, and she held up an
example of a can which was found to be in violation. At the request of Mr. Barker, Ms. Meza described
the can for the record, indicating it was a can of tomatoes which contained a small dent in the side of the
can, and she described another can of jalapenos containing small dents which are not visible underneath
the label. She explained a separate company provides packaged items which are displayed at the front
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Page 6 BC0016
of the store, and the facility was issued a violation because the label on the product is only printed in the
Spanish language. She confirmed the items have been removed from the facility, and are no longer being
sold. Mr. Meza indicated he has worked hard to try and meet the requirements set by the Department, and
many of the customers have commented that the facility is much cleaner. He further indicated the pest
situation has improved, and he confirmed there was a fly problem in the summer months due to the doors
being opened frequently as customers entered and exited the building; however, the fly situation is under
control as well. Ms. Meza confirmed the coolers have been re-calibrated by Cool Care Company, and a
technician visits the facility on a weekly basis to ensure that the coolers are operating properly. She stated
training for employees is being provided, and she is not opposed to employees being sent to food safety
classes. She clarified the facility is a family-owned and operated business, and she reiterated the
employees have been working for the past year to help bring the facility into compliance. She indicated
the facility was in bad shape when it was purchased, and she reiterated that the Department should have
cited violations to the previous owner for the unsanitary conditions within the facility. She confirmed the
facility continues to improve its operations; however, the Department keeps conducting inspections at the
site and issuing additional violations. Mr. Meza indicated he does not think it is fair that the Department
representatives make unannounced inspections at his facility when he knows that many of the other
facilities are notified of an upcoming inspection before it takes place. He indicated he understands that
the coolers were dirty when the most recent inspection took place on a Monday morning; however,
Department staff was at the facility before the normal hours of operation, and the employee who is in
charge of cleaning the coolers had not yet been able to do the necessary cleaning. He requested the
Board to give him another opportunity to continue to operate his facility in compliance, and he reiterated
the Board is welcome to come tour the facility to see all of the improvements.
In response to Commissioner Rademacher, Ms. Adamson clarified the Food and Drug Administration
(FDA)requires that labels on all packaged items for sale contain a description of the product and nutritional
information provided in the English language; the labels cannot be printed in the Spanish language only.
She further clarified the items in question in this facility are actually medicinal herbs, and the FDA does
not allow packing to make claims if there has not been research conducted to support the claims listed on
the packaging. Further responding to Commissioner Rademacher, Ms. Adamson indicated the dented
cans were cited as a violation because the cans were damaged at the seams, not just the sides of the
cans. She clarified the facility did dispose of the damaged products at the time of the inspection.
Responding to Commissioner Rademacher, Ms.Adamson confirmed the violations cited at the inspection
on November 4, 2008, were in regards to hygienic practices, improper cooling temperature of foods, and
meat coolers not holding at the proper temperatures, which has been a chronic problem for the facility.
Further responding to Commissioner Rademacher, Ms. Adamson indicated the two food-borne illness
complaints were provided by two members of the same family,and occasionally it is not possible to provide
laboratory confirmation due to the time period in which the complaint is received; however, any complaint
received by the Department is investigated. In response to Commissioner Masden, Ms. Adamson
confirmed the most recent inspection at the facility took place on November 4, 2008. Commissioner
Masden indicated November 4, 2008, was a Tuesday; however, Ms. Meza indicated the inspection took
place on a Monday, and that the coolers were dirty from the weekend. Responding to Commissioner
Masden, Ms. Meza confirmed the facility is open on Saturdays and Sundays, and she clarified the coolers
are cleaned when the meat department employee arrives at the store, therefore, on occasion, the store
is open for business before the coolers are able to be cleaned. She confirmed the employee removes all
meat and completely cleans the cooler on a daily basis in the mornings, and the small pieces of meat
which fall through during the day are removed as well. Mr. Meza indicated Department staff has come to
inspect the facility before the facility is open for regular business hours, therefore, the store is sometimes
not ready for inspection. Ms. Meza indicated there are many facilities within the area which contain
restaurant operations as well as a meat market, and Mr. Meza stated employees from these other facilities
indicate the Department completes inspections on a very infrequent basis. He further stated the
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Page 7 BC0016
employees at other facilities have also confirmed that they sell cooked food during the weekends; however,
Department staff is never able to personally witness the violations because the inspections happen during
the week.
Responding to Commissioner Garcia, Ms.Adamson stated packages of tea, manufactured within the State
of Colorado, were the items being sold in the store with medicinal claims, and she confirmed she took
photographs of the labels,which were forwarded to the FDA. Further responding to Commissioner Garcia,
Ms. Adamson confirmed the same enforcement actions are taken at other facilities with similar violations.
In response to Commissioner Garcia's suggestion of focusing on only one business operation, Mr. Meza
stated the current economy is creating financial difficulties for the facility, and he indicated that being able
to run the restaurant and the meat market within the facility is important to the financial success of the
business. He further stated he is willing to do some additional work within the facility to help provide better
separation of the restaurant. Further responding to Commissioner Garcia, Ms. Meza confirmed the kitchen
is separate; however, there is no door between the kitchen and the meat department. Mr. Meza indicated
he is willing to construct a wall. Ms. Adamson indicated the main issue is that the coolers are located at
the back of the facility, and the coolers are shared between the two parts of the facility. She further
indicated the two parts also share sinks and preparation tables, therefore, the division of the two with a
constructed wall will not solve the issues in a practical sense.
In response to Commissioner Rademacher, Ms. Meza indicated her family has owned the facility for a little
over one year. Further responding to Commissioner Rademacher, Ms. Adamson indicated most of the
violations at the facility are due to improper food handling, which tends to happen more frequently within
the restaurant portion of the business. Dan Joseph, Department of Public Health and Environment,
clarified Esmeralda Velasquez is the licensed owner of the facility, and Mr. and Ms. Meza are staff
employees at the facility. Mr. Barker indicated the Board needs to ensure that Ms.Velasquez understands
what has been discussed during these proceedings since she is the actual respondent in this situation.
Mr. Joseph indicated the previous owner of the facility was in the process of revocation when the business
changed ownership, and upon change of ownership, the Department must begin the process again from
the beginning. He clarified the Meza family has been operating the restaurant for longer than a one-year
period. In response to Commissioner Masden, Mr. Joseph confirmed the Meza family was not separately
renting the facility, rather, a member of the family was usually present on-site to manage the day-to-day
operations.
In response to Chair Jerke, Ms. Velasquez, through translation by Ms. Meza, confirmed she has owned
the facility for a little more than one year, and she was not associated with the facility before she owned
it. Further responding to Chair Jerke, Ms. Velasquez further confirmed she understands what has
happened during this meeting. In response to Commissioner Rademacher, Mr. Barker indicated the
testimony provided today is sufficient since Ms. Velasquez has indicated she understands what is going
on. He clarified, for the record, that Ms. Velasquez has been present during the entire proceeding, and
has acknowledged she understands the discussion which has taken place regarding revocation of the
license. In response to Chair Jerke, Ms. Velasquez reiterated she was not involved in any managerial
capacity, nor was she an employee of the facility, before she obtained ownership of the facility in June,
2007. Ms. Meza indicated members of her family had been working at the facility before the change of
ownership, and she confirmed Ms. Velasquez is her sister-in-law. Responding to Chair Jerke,
Ms. Velasquez confirmed she is the sole owner of the business. No public testimony was provided
concerning this matter.
Ms. Evans clarified the reason the Board is considering the revocation request is due to the food handling
problems, specifically related to the FDA risk factors presented previously. She understands that the
Board made the request to hold a hearing regarding a problematic facility on a quicker basis; however,
staff was hoping that this facility would be able to maintain consistent compliance. She confirmed the
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Page 8 BC0016
facility has made progress, but not consistent compliance, and staff is concerned about the potential for
additional food-borne illnesses. In response to Commissioner Rademacher, Ms. Evans indicated she does
not believe a continuation of the matter, in order for the facility to come into compliance, will cause the
problem to be solved, since the facility has been given numerous extensions previously and had been able
to provide consistent performance. Mr. Joseph clarified the Department is required through State statute
to request revocation of the license; however, the Board has the discretion to order the appropriate action.
In response to Commissioner Garcia, Ms. Evans indicated a revocation of the license means the facility
will not be able to operate unless it changes ownership again.
Chair Jerke indicated the Board has been presented with the necessary testimony, and understands that
it has been difficult for the facility to remain in full compliance for an extended period of time, and that the
potential risk of illness exists. He clarified the Board has the charge of protecting the health, safety, and
welfare of the public, and he requested Mr. Barker to indicate the options of disciplinary action available
to the Board. Mr. Barker confirmed the Board may enact a suspension of the license,for a specified period
of time, or revoke the license, based upon specific findings. He clarified the Board may also order a
suspension of the license for a specific period of time, and hold a portion of the suspension in abeyance,
as done for previous establishments. Chair Jerke indicated he is not interested in the last option presented
since the facility has had a long-term pattern of not being able to remain in compliance with regulations.
He stated he would like to hear the opinions of the other Commissioners; however, he supports revocation
of the license.
Commissioner Rademacher indicated he does not support revocation of the license; however, he does
have serious concerns regarding the facility. He indicated he understands the food-borne illness complaint
was provided by a person who has a grudge against the business, which falls into a gray area; however,
the facility has fallen into a pattern of not being able to maintain compliance with the necessary regulations.
He expressed his desire for the Department to have obtained laboratory results regarding the illness
complaint; however, the complaint was not provided until after the time frame necessary to complete
testing, therefore, he questions the validity of the complaint. He clarified he supports a suspension of the
license; however, he is not sure of a reasonable time frame for suspension. He indicated if the facility
cannot come into compliance during the suspension period, he will support revocation of the license at a
later date. He further indicated he would like the facility to have one more chance to come into
compliance, and he understands that most of the violations are occurring within the restaurant, and not
within the meat market.
Commissioner Masden stated he is very concerned about this establishment, especially since there has
been a long history of compliance issues, and the establishment has failed numerous inspections. He
further stated food-borne illness complaints are a very serious concern for him, not only for the diners
within the restaurant, but for the customers who purchase meat to cook at home as well. He indicated staff
from the Department have been very diligent to work with the facility to try and achieve continued
compliance, and he realizes that the situation has improved; however, not to the necessary level of
remaining in compliance with regulations. He suggested that the license be suspended for a period of one
month, and that the facility serve an active two-week suspension during the one month period, with the
remaining two weeks held in abeyance. He stated the suspension will serve as a message to the facility,
and other facilities within the area, that the facility needs to be kept clean and that food must be properly
handled. He confirmed the Department is willing to work with the facility to come into compliance, and if
the facility does not experience dramatic improvement during the suspension period, he will be in favor of
revoking the license. He requested that Department staff be required to complete additional inspections
during the active two-week suspension period, and report back to the Board at a regularly scheduled
meeting,with the intention that if the facility is still found to not be in compliance, the remaining two weeks
of the suspension period shall be actively served as well.
Minutes, November 19, 2008 2008-3081
Page 9 BC0016
Commissioner Garcia commended the representatives for the action already taken to resolve the violations
at the establishment, and he understands the facility was not in sanitary condition before the change of
ownership took place. He stated if the matter had been brought to the Board in September, 2007, he
would have supported revocation of the license; however, the Department afforded the facility several
opportunities to come into, and remain in, compliance. He stated the facility did make efforts; however,
the outstanding problem seems to be the management structure within the family business, since the
training and cleaning violations have been continually repeated. He expressed his concern that a
two-week active suspension may not be a long enough period for the family to properly train employees
and create a solid management plan, therefore, the violations may not be adequately resolved. He stated
previous facilities within this situation have provided solid management plans to the Board of how the
violations were going to be addressed and resolved, and the Department was able to inspect and view the
specific plan in progress at the facility. Commissioner Garcia indicated it is not acceptable to simply
continue the matter until January, 2009, as this situation requires prompt attention due to the concerns
presented by the Department. He suggested the license be suspended through the end of calendar year
2008, as he has concerns that the facility will not be able to make the appropriate changes within a
two-week period, and he requested that the facility be required to provide a specific management plan.
Commissioner Rademacher concurred with Commissioner Garcia and indicated the previous violation case
mentioned was a restaurant within a well-established chain of restaurants,and a management plan needs
to be created and enacted. He expressed his concerns about the length of the suspension, and indicated
if the facility is required to be closed for more than two weeks, the suspension will cause the facility to go
out of business. Commissioner Masden indicated an active suspension of two weeks will affect the profit
for the business; however, he is hoping that the employees will work hard to bring the facility back into
compliance within the two-week period. Chair Jerke indicated he would rather that the license be revoked
than suspended until the end of the calendar year 2008; however, an active suspension of the license for
a two-week period will give the facility adequate opportunity to create a management plan. Mr. Barker
indicated the Board must also make a determination regarding the assessed civil penalty, in the amount
of $1,000.00, and confirmed the Board has the flexibility to amend the amount of the civil penalty.
Ms. Evans requested that the Board also place a provision to require facility staff to attend Weld STAR
(Sanitation Training Assistance for Restauranteurs), provided by the Department, within the motion
presented.
Commissioner Masden moved to issue a one-month suspension of the Retail Food Establishment License
for Carniceria la Providencia, to be actively suspended for a two-week period, to be served beginning
November 19, 2008, and to order Department staff to conduct an inspection of the establishment within
the two-week period and present the findings of the inspection to the Board, with the intention that if staff
determines that all critical violations have been adequately addressed, the remaining two weeks of the
suspension period shall be held in abeyance, pending no further critical violations within a one-month
period. His motion included the requirement that facility employees be required to attend Weld STAR
training classes, provided by the Department, and that the facility be required to provide payment, in the
amount of$500.00, as an assessed civil penalty fee, prior to re-opening the facility following the active
suspension period. He indicated if the Board hears testimony at the upcoming meeting that the facility is
not in compliance, the active suspension period will be extended to four weeks. In response to
Commissioner Garcia, Commissioner Masden indicated his motion is based upon the findings that the
facility was in violation of the Colorado Retail Food Establishment Rules and Regulations. He further
indicated he does not desire to force business owners to close down their businesses; however, the
Commissioners have the charge to ensure that the facility is properly operated in order to protect the health
and safety of the residents of Weld County. The motion was seconded by Commissioner Rademacher,
and it carried unanimously.
Minutes, November 19, 2008 2008-3081
Page 10 BC0016
Chair Jerke instructed the Department to work diligently with the facility operators so that the business may
reopen as soon as possible. Commissioner Rademacher advised the facility representatives to take the
matter seriously. Mr. Meza indicated a two-week active suspension will cause his business to go broke,
and the meat he currently has for sale within the store will spoil before it can be sold in two weeks. Chair
Jerke indicated the Board has taken action, and he requested that the representatives meet with staff from
the Department immediately to discuss the necessary action.
RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the
Consent Agenda. No Ordinances were approved.
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 10:45 a.m.
oillos3/44, BOARD OF COUNTY COMMISSIONERS
,I\\ ]EL 4% WELD COUNTY, COLORADO
tt1 � ���D c
ATTEST: A ��4. �` i a
s6 °� ham H. Jerke, Chair
Weld County Clerk to the Board 1� °.fair i $ I
, ��AP J-diert Ma, o-Tem tceDe put Clerk o the Board
William F. Garcia
EXCUSED
David E. Long
tne4 art air
Dougla Rademacher
Minutes, November 19, 2008 2008-3081
Page 11 BC0016
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