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HomeMy WebLinkAboutResolutions - 2010.12.09 - 10070REQUESTING SUSPENSION OF THE BOARD RULES FOR IMMEDIATE CONSIDERATION MISCELLANEOUS RESOLUTION # 10340 UNDER NEW BUSINESS BY: Commissioners Tim Burns, District #19; David Woodward # 18 IN RE: BOARD OF COMMISSIONERS — MOBILE FOOD VENDORS ON CIRCUIT COURT HOUSE PUBLIC SQUARE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS Oakland County has a long-time policy of using a formal, competitive procurement process in which all vendors are evaluated with equal consideration. Once a need has been identified, the Purchasing Division solicits the appropriate members of the vendor community for pricing and purchase information; and WHEREAS Oakland County employees have recently taken pay cuts to assist with balancing the County government budget; and WHEREAS many of the visitors to Oakland County Court House complex are budget conscious due to current economic conditions; and WHEREAS there is interest in providing employees and visitors to the Oakland County complex with a wide variety of affordable food options; and WHEREAS the Michigan Food Law of 2000, as amended, defines a 'mobile food establishment" as a food establishment operating from a vehicle, cart, tent, trailer or watercraft that returns to a licensed commissary for servicing and maintenance at least once every 24 hours; and WHEREAS mobile food establishments designated to be located on the public square that serves as the southern entrance the County Circuit Court House (1200 N. Telegraph Road), which is located within the City of Pontiac would expand and enhance the options and convenience of food selections for employees and visitors; and WHEREAS a mobile food cart is a limited food service operation that serves a limited menu, usually hot dogs, from a small open air push cart. Based on their limited facilities, mobile food carts are limited to foods or beverages requiring minimal handling on site and must return to an approved commissary at least once every 24 hours, such as a licensed food service establishment; and WHEREAS current Michigan Law provides that a mobile food cart establishment may be requested to submit a plan review packet, including a plan review application, fee, menu, standard operating procedures, drawing/layout of cart, and equipment specification sheet; and WHEREAS the City of Pontiac allows mobile food establishments upon the vendor's receipt of a permit from the City; WHEREAS a mobile food cart must have the equipment and resources available to ensure food safety. Typically, this requires items such as a hand wipes, gloves, a sanitizer spray bottle and paper towels, a metal stem thermometer, methods of hot and cold holding of foods, and a method of covering and protecting food from customers and the elements. Additionally, a mobile food cart must have the name and address of the business operating the mobile cart on each side of the cart in letters not less than 3 inches high. Mobile carts are typically inspected once every six months by a Sanitarian; and WHEREAS each application for a license shall pay to the local health department having jurisdiction the required sanitation service fees and an additional state license fee (at the time an application is submitted); and WHEREAS the current contract between Oakland County and Kosch Hospitality to operate a cafeteria on the Court House grounds specifically includes a non-exclusivity clause for providing food and catering services on County property; and WHEREAS Oakland County allows a separate vendor from Kosch Hospitality to operate food vending machines within the Court House, and specifically within the cafeteria that Kosch Hospitality operates, in an effort to provide a variety of options to employees and visitors at the County Court House; and WHEREAS the Oakland County Board of Commissioners is desirous of working with the Oakland County Executive administration to establish the appropriate policies, process, procedures, and appropriate permits, licenses and fees for establishing stationary outdoor sites on the Oakland County campus for mobile food carts and the solicitation of potential vendors through the purchasing process. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners, hereby wishes to establish a policy of allowing mobile food carts be allowed at a designated location on the public square of the southern entrance to the County's Circuit Court building. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners authorizes and directs the Oakland County Executive's administration to promulgate the policy, procedures, aesthetics, location, and fees for allowing mobile food carts on the Oakland County Campus within two (2) months of the adoption of this Resolution. BE IT FURTHER RESOLVED that the Oakland County Executives administration must allow for at least orernobile food cart to be located and to operate on the public square located at the southern entrance of the Oakland County Circuit Court House upon adoption of this Resolution but may in its promulgated rules establish additional minimum and maximum vendor numbers as deemed appropriate. BE IT FURTHER RESOLVED that upon the adoption of this Resolution, the Oakland County Board of Commissioners respectfully requests that the Oakland County Executive's administration to work with the Board of Commissioner's Director of Administration to draft the Request for Proposals and through the Oakland County Purchasing Process solicit bids for mobile food cart vendors that will be permitted to operate on the identified outdoor site on the Oakland County campus. BE IT FURTHER RESOLVED, that the Oakland County Board of Commissioners directs the Oakland County Executive's administration to publicly submit a request for proposal based upon its promulgated rules for establishing stationary outdoor sites on the Oakland County campus for mobile food carts within three (3) months of the adoption of this Resolution and select qualified vendor(s) through the County's official bidding process within six (6) months of the adoption of this Resolution. Chairperson, we move the adoption of the foregoing re ion. ommiss 4 oner Dave Woodward District # 18 t _e?..1 c.,,_ Commissioner DiSjii9r Cqtnmissioner Dittrict/4- Commissioner District Commissioner District — - / - Commissioner Tim Burns District #19 Commissioner District # I 3 Commission District # ,7 _ _ er Distriict Ic.21 Commissioner District # Commissioner District # Commissioner District BE IT FURTHER RESOLVED that the Oakland County Executives administration shall report to the Oakland County Board of Commissioners Planning & Building Committee twelve (12) months after the selection of mobile food cart vendor(s) with an evaluation regarding the merits of the policy's future continuation upon which the Committee's recommendation will be submitted to the full Board for approval. BE IT FURTHER RESOLVED that the Oakland County Clerk is requested to forward copies of This adopted resolution to the Oakland County Executive and Oakland County's Department Directors of Health and Human Services, Corporation Counsel, Risk Management, Purchasing, and Management & Budget. Commissioner Commissioner District # District # Commissioner Commissioner District # District # Resolution #10340 December 9. 2010 Moved by Woodward supported by Schwartz to suspend the rules and vote on Miscellaneous Resolution #10340 — Board of Commissioners — Mobile Food Vendors on Circuit Court House Public Square. Vote on motion to suspend the rules: AYES: Woodward, Zack, Coleman, Couiter, Gershenson, Greimel, Hatchett, Jackson. McGillivray, Nash, Schwartz. (11) NAYS: Bullard, Douglas, Gingell, Jacobsen, Long, Middleton, Potts, Runestad, Scott. Taub. (10) A sufficient majority not having voted in favor, the motion to suspend the rules and vote on Miscellaneous Resolution #10340 - Board of Commissioners — Mobile Food Vendors on Circuit Court House Public Square failed. The Chairperson referred the resolution to the General Government Committee. There were no objections.