MINUTES OF THE FORMAL MEETING OF THE JOHNSON COUNTY BOARD OF SUPERVISORS:

MINUTES OF THE FORMAL MEETING OF THE JOHNSON COUNTY BOARD OF SUPERVISORS:

JANUARY 28, 2010

Chairperson Stutsman called the Johnson County Board of Supervisors to order in the Johnson County Health and Human Services Building at 9:00 a.m. Members present were: Pat Harney, Terrence Neuzil, Janelle Rettig, Sally Stutsman, and Rod Sullivan.

Unless otherwise noted, all actions were taken unanimously.

Motion by Rettig, second by Sullivan, to approve the claims on the Auditor’s Claim Register, as approved by a majority of the Supervisors.

Motion by Sullivan, second by Neuzil, to approve the minutes of the formal meeting of January 22, 2010 and the January 26, 2010 canvass of votes for the January 19, 2010 special election to fill a vacancy on the Board of Supervisors.

Motion by Harney, second by Sullivan, to approve the payroll authorizations submitted by department heads, as approved by a majority of the Supervisors.

RESOLUTION 01-28-10-01

RESOLUTION ACCEPTING USE OF SECTION 453A.22(3) AFFIRMATIVE DEFENSE TO TOBACCO CIVIL PENALTY BY 380 BP

Whereas, on November 2, 2009, an employee of 380 BP violated Section 453A.2(1) of the Code of Iowa, prohibiting anyone from selling or providing tobacco, tobacco products or cigarettes to a minor; and

Whereas, at the time of this violation 380 BP held a retail cigarette permit and was located at 2722 120th St. N.E., Swisher; and

Whereas, pursuant to Section 453A.22(2) of the Code of Iowa, an establishment which holds a retail cigarette permit is subject to a civil penalty when its employee violates Section 453A.2(1); and

Whereas, pursuant to Section 453A.22(3), if an employee of a retailer violates Section 453A.2(1), the retailer shall not be assessed a penalty under Section 453A.22(2), and the violation shall be deemed not to be a violation of Section 453A.2(1) for the purpose of determining the number of violations for which a penalty may be assessed pursuant to Section 453A.22(2), if the employee in question holds a valid certificate of completion of the tobacco compliance employee training program pursuant to section 453A.5 at the time of the violation; and

Whereas, the employee who violated Section 453A.2(1) on November 2, 2009, held a valid certificate of completion of the tobacco compliance employee training program pursuant to section 453A.5 at the time of the violation; and

Whereas, 380 BP wishes to assert the affirmative defense set out in Section 453A.22(3) in order to avoid a civil penalty for its employee’s violation of Section 453A.2(1) and has signed an Acknowledgment of Use of Section 453A.22(3) Affirmative Defense to Tobacco Civil Penalty; and

Whereas, a retailer may assert the affirmative defenses set out in Section 453A.22(3) only once in a four-year period for a violation of Section 453A.2 that takes place at the same place of business location and if an employee of 380 BP again violates Section 453A.2(1) within a four-year period, 380 BP will be subject to a civil penalty as provided by Section 453A.22(2), after proper notice and opportunity for hearing.

Now, Therefore, Be It Resolved By The Johnson County Board Of Supervisors that the Board of Supervisors should accept 380 BP’s use of a Section 453A.22(3) affirmative defense and should accept 380 BP’s signed Acknowledgment of the same.

Be It Further Resolved, that the County Attorney’s Office provide a copy of this Resolution to the retail cigarette permit holder via regular mail sent to the permit holder’s place of business as it appears on the application for a retail cigarette permit.

Motion by Neuzil, second by Sullivan to approve Resolution 01-28-10-01.

RESOLUTION 01-28-10-02

RESOLUTION ACCEPTING THIRTY (30) DAY PERMIT SUSPENSION AND WAIVER OF RIGHT TO HEARING

Whereas, on November 2, 2009, an employee of the Sutliff Store violated Iowa Code § 453A.2(1) by selling or providing tobacco to a minor; and

Whereas, at the time of this violation, the Sutliff Store was operating under a retail cigarette permit issued by Johnson County, Iowa; and

Whereas, there was a prior violation of Iowa Code § 453A.2(1) by an employee of the Sutliff Store within a two-year period; and

Whereas, pursuant to Iowa Code § 453A.22(2), an establishment which holds a retail cigarette permit is subject to a civil penalty, after a hearing and proper notice, of $300.00 the first time its employee violates Iowa Code § 453A.2(1) and a civil penalty of $1500 or a thirty (30) day permit suspension the second time its employee violates Iowa Code § 453A.2(1); and

Whereas, on January 11, 2010, the Sutliff Store waived its right to the hearing required by Iowa Code § 453A.22(2) and accepted responsibility for its employee’s violation of Iowa Code § 453A.2(1), by surrendering its State of Iowa Retail Cigarette and Tobacco Permit for a thirty (30) day suspension to the Johnson County Auditor; and

Whereas, the violation underlying the above civil penalty is the second such violation within a two-year period.

Now, Therefore, Be It Resolved By The Johnson County Board Of Supervisors that the Board of Supervisors should accept the waiver of right to hearing and thirty (30) day permit suspension on behalf of the Sutliff Store.

Motion by Neuzil, second by Sullivan to approve Resolution 01-28-10-02.

Motion by Harney, second by Sullivan, to approve and authorize the Chairperson to sign the collective bargaining tentative agreement with Public Professional and Maintenance Employees (PPME).

Motion by Sullivan, second by Neuzil, to approve and authorize the Chairperson to sign the collective bargaining tentative agreement with International Union of Painters and Allied Trades (IUPAT) Local 2003 for Secondary Roads and Administrative Units.

Adjourned to Informal Meeting at 9:13 a.m.

/s/Sally Stutsman, Chair, Board of Supervisors

Attest: Tom Slockett, Auditor

By Nancy Tomkovicz, Recording Secretary

These minutes were sent for publication and formal approval on February 4, 2010.