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Home My WebLink About20183281.tiffRECORD OF PROCEEDINGS MINUTES BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO OCTOBER 15, 2018 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 Administration Building, Greeley, Colorado, October 15, 2018, 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 Steve Moreno, Chair Commissioner Barbara Kirkmeyer, Pro -Tern Commissioner Sean P. Conway Commissioner Julie A. Cozad Commissioner Mike Freeman Also present: County Attorney, Bruce Barker Acting Clerk to the Board, Stephanie Frederick Controller, Barbara Connolly • MINUTES: Commissioner Conway moved to approve the minutes of the Board of County Commissioners meeting of October 10, 2018, as printed. Commissioner Cozad seconded the motion, and it carried unanimously. • CERTIFICATION OF HEARINGS: Commissioner Freeman moved to approve the Certification of Hearings conducted on October 10, 2018, as follows: 1) USR18-0037 — Tagawa Greenhouses, Inc., do Alex Seleznov, Advanced Extraction, LLC, 2) USR18-0034 — Luis Martinez, and 3) USR18-0051 — Rafael and Maria Aguirre. Commissioner Conway seconded the motion, which carried unanimously. El AMENDMENTS TO AGENDA: There were no amendments to the agenda. • CONSENT AGENDA: Commissioner Cozad moved to approve the Consent Agenda as printed. Commissioner Freeman seconded the motion, and it carried unanimously. PRESENTATIONS: 1) RECOGNITION OF SERVICES, DEPARTMENT OF HUMAN SERVICES - THERESA BRADSHAW: Chair Moreno read the certificate for the record recognizing Ms. Bradshaw for herdedicated service to Weld County citizens. Judy Griego, Director of the Department of Human Services, stated Ms. Bradshaw has been an integral part of for the Department of Human Services, and explained she provided therapeutic services to Weld County Foster Families. Heather Walker thanked Ms. Bradshaw for her dedication to Weld County residents. Veronica Cavazos, expressed her ttfcp Minutes, October 15, 2018 Page 1 2018-3281 BC0016 appreciation to Ms. Bradshaw for her committed work with Foster Families. Ms. Bradshaw expressed her appreciation for the opportunities afforded her during her career with the County. Each Commissioner thanked her for serving the citizens of Weld County, encouraged her to enjoy her time with family and extended an invitation to volunteer on one of the County's many boards and commissions. (Clerk's Note: The Board paused the meeting for a photo opportunity.) • 2) CERTIFICATES OF APPRECIATION, WELD FAITH PARTNERSHIP COUNCIL - ROBERT THOMAS, KIM PARKER, AND BRIAN FOWLER: Chair Moreno recognized the individuals who volunteered their time to the Weld Faith Partnership Council and to the citizens of Weld County. Ms. Parker thanked the Board for the opportunity. Commissioner Cozad stated the board was formed, in 2008, to have faith and government communities work together. She stated Ms. Parker's area of concentration has been to work with the Foster and Respite Care Families. She also did a lot of work with Finally Home. Mr. Thomas served the council since its start and he is a member of a church in Dacono. She stated Mr. Fowler was the Chair and served Veterans. Ms. Parker commented about the passion and devotion which Mr. Thomas brought to the board. Each Commissioner thanked the committee members for making a difference in Weld County. (Clerk's Note: The Board paused the meeting for a photo opportunity.) eg 3) CERTIFICATES OF APPRECIATION, FAIR BOARD - VALERIE DAY, KEITH DAY, DEBBIE CARPIO AND JUSTIN SIDWELL: Chair Moreno read the certificates for the record recognizing their voluntary contributions to Weld County citizens. Keith Maxey, Fair Board, thanked the members for making the Weld County Fair successful. Each Commissioner thanked them for their participation on the Fair Board. • PUBLIC INPUT: No public input was given. NEW BUSINESS: • 1) CONSIDER CONTRACT ID #2182 MEMORANDUM OF UNDERSTANDING FOR COOKING MATTERS NO KID HUNGRY CAMPAIGN AND AUTHORIZE CHAIR TO SIGN - SHARE OUR STRENGTH: Dr. Mark Wallace, Director of the Department of Public Health and Environment, presented the Memorandum of Understanding to work collaboratively with Share Our Strength to end childhood hunger by helping families make healthy food choices. He stated there will be staff who teach families how to cook healthier and shop on a budget. Commissioner Kirkmeyer moved to approve said Memorandum of Understanding and authorize the Chair to sign. Seconded by Commissioner Cozad, the motion carried unanimously. 2) CONSIDER AGREEMENT FOR SALE AND PURCHASE OF FILL -DIRT AND FOR TEMPORARY CONSTRUCTION EASEMENT AND AUTHORIZE CHAIR TO SIGN - GOLDEN EYE INVESTMENTS, LLC: Toby Taylor, Director of the Department of Buildings and Grounds, explained the agreement is for a developer who wants to develop the land south of the crime lab. In response to Commissioner Conway, Mr. Taylor stated this will help the drainage on the developer's property and there will be landscaping. Commissioner Freeman moved to approve said agreement and authorize the Chair to sign. The motion was seconded by Commissioner Kirkmeyer, and it carried unanimously. • 3) CONSIDER CHANGE ORDER # 2 FOR IT ADMINISTRATION REMODEL (BID #B1800084) AND AUTHORIZE CHAIR TO SIGN — TCC CORPORATION: Mr. Taylor reviewed the terms for the change order for the remodel of the IT Administration Building, as a design -build, for an additional $15,125.07. Commissioner Cozad moved to approve said Change Order #2 and authorize the Chair to sign. Seconded by Commissioner Freeman, the motion carried unanimously. Minutes, October 15, 2018 Page 2 2018-3281 BC0016 • 4) CONSIDER TEMPORARY CLOSURE OF CR 50 BETWEEN CR 13 NORTH AND CR 13 SOUTH: Amy Joseph, Department of Public Works, presented the details of the road closure to begin October 22, 2018, through October 26, 2018, to replace an irrigation culvert and stated water will be used for dust abatement along the gravel detour route. Commissioner Freeman moved to approve said temporary closure. The motion was seconded by Commissioner Kirkmeyer, and it carried unanimously. • 5) CONSIDER TEMPORARY CLOSURE OF CR 19 BETWEEN CRS 16 AND 18: Ms. Joseph reviewed the terms of the closure which will begin October 22, 2018, through October 26, 2018, for a culvert replacement. Commissioner Conway moved to approve said temporary closure. The motion was seconded by Commissioner Cozad, and it carried unanimously. 6) CONSIDER APPOINTMENTS AND REAPPOINTMENTS TO WELD FAITH PARTNERSHIP COUNCIL: Commissioner Cozad moved to approve said appointments and reappointments. The motion was seconded by Commissioner Conway, and it carried unanimously. 7) CONSIDER APPOINTMENTS AND REAPPOINTMENTS TO FAIR BOARD: Commissioner Cozad moved to approve said appointments and reappointments. Seconded by Commissioner Conway, the motion carried unanimously. (HEALTH) NEW BUSINESS: et 1) CONSIDER SUSPENSION OF COLORADO RETAIL FOOD ESTABLISHMENT LICENSE - SAPPORO JAPANESE STEAKHOUSE: Gabri Vergara, Department of Public Health and Environment, introduced the restaurant staff and stated they have been working with them over the last several months to bring the facility into compliance. She explained staff brought them in for a compliance review following assessment of a second civil penalty. She stated they have also completed a Compliance Agreement, but unfortunately the conditions stated in the agreement were not met. Dan Joseph, Department of Public Health and Environment, presented a brief timeline of the violations. He presented the types and dates of civil penalties assessed, stating there have been violations including the improper storage of employee drinks, improper employee hand washing and improper cold holding. He stated during the inspections, they conducted the Targeted Training on February 7, 2018, a Compliance Review and Compliance Agreement on August 30, which was signed by the owners. He stated there have been 54 violations sited and of those 47 were critical (87%). He reported the Department of Public Health and Environment recently received a food -borne illness compliant for this facility. He then presented the violations which occurred during the inspections. In response to Commissioner Conway, Mr. Joseph explained what is meant by toxic items improperly labeled. This violation occurs when cleaning products, i.e., Windex are labeled as a degreaser. Mr. Joseph stated staff presented the conditions for the operator during the Compliance Review on August 1, 2018. O In response to Commissioner Kirkmeyer, Mr. Joseph explained the Compliance Agreement was signed and put in place after August 1, 2018. Mr. Joseph stated it was communicated that if they were having issues meeting the conditions, they should communicate with the Health Department staff. In response to Commissioner Kirkmeyer, Mr. Joseh stated he believed the operator understood the conditions of the Compliance Agreement. Mr. Joseph provided a summary of the conditions presented to the operator. He confirmed a food safety consultant was hired this past weekend, and staff is allowing the $1,000.00 civil penalty, held in abeyance, to defray costs for achieving compliance. IR In response to Commissioner Conway, Mr. Joseph clarified the violation is a practice issue, not an equipment issue, because all the equipment is in good working condition. • Poly Sim, General Manager of Sapporo Japanese Steakhouse, stated he hired a food consultant Minutes, October 15, 2018 Page 3 2018-3281 BC0016 and he regrets not hiring him sooner. In response to Commissioner Conway, Mr. Sim stated there are fifteen (15) employees and he has terminated employees for repeated offenses. He explained he has a solution to keep eggs and garlic holding at the proper temperature. He stated he has purchased another refrigerator for just beef and meat, so there is a separate refrigerator space for chicken. He stated the employees will throw out the remaining butter that doesn't get used during cooking. He listed the other restaurant locations which he manages, and stated he has worked with the company since July, 2017. He stated he was just made aware of the Compliance Agreement. In response to Commissioner Kirkmeyer, Mr. Sims stated he has no excuse for not hiring a Food Safety Consultant after the first violations. Mr. Sims stated he tried hiring another consultant in September, but she didn't return his calls. In response to Commissioner Conway, Mr. Sims stated he will be at the Greeley store more often to make sure all the employees receive the necessary training. Steven Chevalier, Food Safety Consultant, stated the contract with Sapporo Japanese Steakhouse runs through July 31, 2019, and it can be extended at any time depending on the facility's performance. He stated he met with Edison Wong last week and Mr. Wong went over the main issues they are having. Mr. Joseph stated the foodborne illness was reported on Friday afternoon, and he has had no more information concerning the individual who became sick. Commissioner Cozad stated the Board's main responsibility is public safety, so she is worried there will be more on -going concerns. In response to Commissioner Kirkmeyer, Mr. Sims stated the Food Safety Manager is Edison Wong. Mr. Joseph stated Mr. Sim will need to have a controlled facility and needs to hire another Food Safety Manager. In response to Commissioner Kirkmeyer, Mr. Joseph stated there are multiple options available to the employees, to complete the food safety training. Mr. Joseph explained the various processes available to fix the violations and he stated they have process -driven requirements or changes to help fix violations. Commissioner Kirkmeyer she would like to shut the restaurant down today but since they hired the consultant, she feels confident letting the restaurant continue to operate. She stated she would like a report on Monday from the Department of Public Health and Environment. Chair Moreno expressed his disappointment with the restaurant's violations and stated he just ate at Sapporo Japanese Steakhouse with his family. Commissioner Cozad stated she would like to have two (2) follow-up inspections with no critical violations and she agrees with holding the $1,000 civil penalty in abeyance for the cost of hiring the food safety consultant. Commissioner Kirkmeyer moved to approve the resolution with the following amendments: 1) that the $1,000 civil penalty be held in abeyance to help offset the cost of hiring the consultant 2) schedule a hearing on October 22, 2018, with the Board of County Commissioners, to have the Department of Public Health and Safety and Mr. Sim to report they have identified an additional on -site food safety operations manager identified who will be onsite at all times the restaurant is open, 3) there is a scheduled food safety training for all employees and managers, and 4) the consultant completes a full inspection of the restaurant and begins a plan for the restaurant. The motion was seconded by Commissioner Cozad. Commissioner Kirkmeyer clarified she doesn't want to suspend the license at this time because the consultant has been hired. 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 15, 2018 Page 4 2018-3281 BC0016 Let the minutes reflect that the above and foregoing actions were attested to and respectfully submitted by the Clerk to the Board. There being no further business, this meeting was adjourned at 10:12 a.m. ATTEST: W:s4t/wo Weld County Clerk to the Board BY eputy Clerk to the Board BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO 2 e -/Lc:, Steve Moreno, Chair rbara Kirkmeyer, Sean P. Conway ro-Tem �t ro-Tem EXCUSED DATE OF APPROVAL Julie A. 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