HomeMy WebLinkAboutResolutions - 1990.10.11 - 18301REPORT (Misc. 90125) September 27„ 1990
BY: GENERAL GOVERNMENT COMMITTEE-
Richard G. Skarritt, Chairperson
RE: Miscellaneous Resolution #90125, Banning Cigarette Vending
Machines on County Property
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Mr. Chairperson, Ladies and Gentlemen:
The General Government Committee, having reviewed the above
referenced resolution, reports with the recommendation that the
resolution be adopted.
Mr. Chairperson, on behalf of the General Government
Committee, I move the acceptance of the foregoing report.
GENERAL GOVERNMENT COMMITTEE
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COUNTY MICHIGAN
DEPARTMENT OF CORPORATION COUNSEL
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August 16, 1990
Richard G. Skarritt
Chairperson
General Government Committee
Daniel T. Murphy, Oakland County Executive
Jack C. Hays, Director 858-0557
Linda E. Wasielewski, First Assistant 858-0553
Gordon R. Wyllie 858-0555
Donald F. Slavin 858-0554
John F. Ross, Jr. 858-0558
Karl W. Randall 858-0556
Michael Blaszczak 858-0551
FAX (313) 858-1003
Re: Miscellaneous Resolution 90125
Banning Cigarette Vending Machines on County Property
Dear Mr. Skarritt:
You have requested an opinion as to the legality of Miscellaneous
Resolution No. 90125 banning cigarette machines on County property.
Cigarette machines are currently allowed on County property as a
result of a Purchasing Agreement with the Department of Management
and Budget which provides for certain machines in certain locations
in County buildings. It allows for the placement of cigarette
machines in 9 locations in County buildings. That contract is with
Vend-A-Matic. Contractually, it is a contract which we could be held
to until the expiration of the current contract period. There would
be no restriction in negotiating a contract prohibiting cigarette
vending machines in the future. The interesting thing is that the
President of Vend-A-Matic Co., Mr. Louis E. Hirsch, has agreed that
his only request would be to replace the cigarette machines that are
removed with some other vending machine.
It happens that Vend-A-Matic provides machines to Oaks Management for
several of the Oakland County Park locations. Therefore, it could be
assumed that there would be no problem with the removal of the
cigarette machines from the park's locations either. Apparently,
there is no written provision concerning the vending machines with
Oaks Management.
In summary, it is my opinion that, even though Vend-a-Matic may have
a contractual right to place vending machines in certain County
locations in County buildings, they would abide quickly to a Board
resolution requesting their removal. Certainly, any future contracts
for vending machine services can be negotiated without cigarette
machines.
Very truly yours,
OAKLAND COUNTY CORPORATION COUNSEL
Gordon R. Wyllie
Sr. Assistant
GRW:Of Court iower ii1 - west Wing Pontiac, Michigan 48053 • (313) 858-0550 • 1200 North Telegraph Road
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1iies D. Ferrens,
County Commissioner, District #7
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May 24, 1990
Miscellaneous Resolution # 90125
BY: James D. Ferrens, County Commissioner-District #7
RE: BANNING CIGARETTE VENDING MACHINES ON COUNTY PROPERTY
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS, the major portion of county buildings have been designated as
non-smoking areas in recognition of the health hazards caused by smoking; and
WHEREAS, it is unlawful for minors to purchase tobacco products in the
State of Michigan, but vending machines provide no safeguards from preventing
children from buying cigarettes.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners
does hereby direct the Oakland County Executive to take necessary action to
immediately remove all cigarette vending machines from County property.
Mr. Chairperson, I move the adoption of the foregoing resolution.
EINAPPROVETHE FOREGOING RESOLUTION laaA'r\
Daniel T. Murphy, C .unt/ Date
:October 11, 1990
FISCAL NOTE (Misc. 90125)
BY: FINANCE COMMITTEE, DR. G. WILLIAM CADDELL, CHAIRPERSON
IN RE: BANNING CIGARETTE VENDING MACHINES ON COUNTY PROPERTY,
MISCELLANEOUS RESOLUTION #90125
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Mr. Chairperson, Ladies and Gentlemen:
Pursuant to Rule XI-G of this Board, the Finance Committee has
reviewed Miscellaneous Resolution #90125 and finds:
1) Vend-a-Matic, Inc., is under contract with Oakland County for
placement of vending machines on county property, six of which
are cigarette machines; additionally, Parks and Recreation,
through Oaks Management contracts for three cigarette machines.
2) The Vend-A-Matic contract is for the period June 4, 1989 through
June 3, 1994 with the rates of commission on gross sales
increasing from 13.5% to 15.5% over that period.
3) A change in the terms of the contract may require a renegotiation
of the contract terms which could include additional food
machines.
4) For the period of June 1989 through May 1990 total sales of
$340,353 resulted in commission of $45,948 or 13.5% of sales;
Sales of cigarettes comprised $22,463 (6.6%) resulting in
commissions of $3,050.
5) Revenues for Commissions-Vending Machines is recorded in Food
Services 1990-1991 Adopted Budget in the amount of $42,000 for
1990 and $44,000 for 1991.
6) The revenue loss from cigarettes is anticipated to be offset by
an increase in revenue from the sales from other products.
Therefore, no budget amendments are requested at this time.
FINANCE /COMMITTEE
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Resolution # 90125 October 11, 1990
Moved by Skarritt supported by Aaron the General Government
Committee Report be accepted.
A sufficient majority having voted therefor, the report was
accepted.
Moved by Skarritt supported by Bishop the resolution be adopted.
AYES: Huntoon, Jensen, Johnson, R. Kuhn, Luxon, McConnell,
McPherson, Moffitt, Oaks, Pappageorge, Pernick, Price, Rewold, Skarritt,
Wolf, Aaron, Bishop, Caddell, Chester, Crake, Ferrens, Gosling. (22)
NAYS: Calandro. (1)
•A sufficient majority having voted therefor, the resolution was
adopted.
STATE OF MICHIGAN)
COUNTY OF OAKLAND
I. Lynn D. Allen, Clerk of the County of Oakland, do hereby certify that the foregoing
resolution is a true and accurate copy of a resolution adopted by the Oakland County
Board of Commissioners on October 11, 199Q _
with the original record thereof now r'emaining ln my office.
In Testimony Whereof, I have hereunto
of Oakland at Pontiac, Michigan this
and affixed the seal of the County
day ofell 0_0414r 199LL
Lynn—V.. Allen, County Clerk
set DY hand
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