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HomeMy WebLinkAbout26-143 RESOLUTION NO. 2026-143 A RESOLUTION AMENDING RESOLUTION 2025-209; PAUSING THE FOOD TRUCK LEASES FEE ADJUSTMENT UNTIL OCTOBER 1, 2027; PROVIDING FOR A REDUCED FEE FOR KITCHEN USERS DURING DESIGNATED NON- PEAK TIMEFRAMES, INCLUDING A ONE-YEAR PILOT FOR A FLAT FEE DURING DESIGNATED NON-PEAK TIMEFRAMES; AND ALLOWING FOR QUALIFYING KITCHEN USER CLIENT (> 91 MEMBERSHIP HOURS) TO QUALIFY FOR UP TO THREE PARKING SPACE LEASES, SUBJECT TO AVAILABILITY AND APPROVAL BY THE COUNTY; THE REMAINING TERMS AND CONDITIONS OF RESOLUTIONS 2025-209, 2025-039 AND 2024- 184 REMAIN IN FULL FORCE AND EFFECT; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: WHEREAS, the Sunshine Kitchen Food Business Incubator, which is a 10,000-square-foot facility providing year-round, 24-hour-a-day access for users to produce, package, and market food business items, and is located at 7550 Pruitt Research Center Road, Fort Pierce, FL 34945. WHEREAS,the Sunshine Kitchen Food Business Incubator is a commissary kitchen where chefs, caterers, food truck operators and more can hone their culinary skills and a food micro business incubator to help bolster the success of burgeoning community-based business owners. WHEREAS, the Sunshine Kitchen Food Business Incubator is intended to foster economic development in the community as well as to assist small and emerging businesses. WHEREAS, Section 125.01, Florida Statutes, authorizes the Board of County Commissioners to provide and maintain county buildings; establish a schedule of fees; and perform any other acts not inconsistent with law, which acts are in the common interest of the people of the county, and exercise all powers and privileges not specifically prohibited by law. WHEREAS,the Board finds that it is in the best interest of the general public to charge a fee for services provided by the County, so that those parties deriving the benefit(s) from County-provided services pay for the costs of providing those services. WHEREAS, it is appropriate to establish a fee to properly reflect the cost of providing certain County services and that are sustainable to the community. WHEREAS,the use of County facilities directly impacts costs related to staff workload, contract labor, utilities, supplies, equipment maintenance, cleaning and security. Page 1 of 11 WHEREAS, the Board adopted a fee schedule via Resolution 2024-184 on October 1, 2024, and the adoption of a uniform rate of schedule with a uniform effective date and term is necessary for the efficient administration of the Sunshine Kitchen and is in the public interest. WHEREAS,the Board amended the adopted a fee schedule via Resolution 2025-039 on February 4, 2025, to establish a fee and opportunity for food truck clients to prep food and kitchenware in the production space, amend the needed kitchen membership hours from 101 to 91 to qualify for a parking space lease, and provide for a reduced kitchen user membership fee for non-profit organizations and governmental organizations providing services to the citizens of the County and that such reduction is consistent with the St. Lucie County Facility Use Policy. WHEREAS,the Board amended the adopted a fee schedule via Resolution 2025-209 on October 7,2025,to establish a fee for a replacement keys/access cards;provide for credit card payment processing and the credit card third-party convenience fee; and allow qualifying kitchen user client(>91 membership hours)to qualify for up to two parking space leases. WHEREAS,the fee schedule adopted via Resolution 2024-184 and Resolution 2025-039 included that beginning October 1, 2025, all Base Fees within this schedule shall be adjusted by 2% annually on October 1st, rounded to the nearest whole dollar and this amendment reflects the 2% adjustment for October 1, 2025. WHEREAS,the U.S.Bureau of Labor Statistics(BLS)Consumer Price Index(CPI)data indicates that the energy commodities remain the largest driver of inflation, with the overall energy commodities up 27.1% over the past 12 months and gasoline (all types) up 26.7% year-over-year (July 2026 data release); and WHEREAS, the Sunshine Kitchen fee schedule includes a 2% fee adjustment to all Base Fees within the schedule with the next adjustment occurring on October 1, 2026, including Food Truck leases which provide access to fresh water, disposing of gray water, and disposing of used oil and food trash only(currently$536.00/year); and WHEREAS, with the sustained high fuel costs, the Board finds that the 2% fee adjustment for Food Truck leases (base fee) are paused until October 1, 2027; and THEREFORE, BE IT RESOLVED, by the Board of County Commissioners for St. Lucie County, Florida: 1. The foregoing recitals are true and correct and are incorporated herein by reference. 2. The Schedule of Fees attached hereto and incorporated herein as Exhibit"A" is hereby adopted. County staff is directed to review the Schedule of Fees periodically, at least every five years,to determine if fees should be adjusted to offset the technical and operational costs incurred by the County in providing use of the kitchen facilities. Any adjustments to the Schedule of Fees shall be adopted by resolution. Page 2 of 11 Notwithstanding the foregoing, a Lessee shall be responsible for any Fee not contemplated herein that is reasonably related to its use of the Premises or access to the Facility, such as a fee incurred as a result of changes in applicable laws, including but not limited to taxes, fees, or regulatory requirements, provided such costs are directly related to the performance of the Lessee's Agreement, and unless such fee should reasonably be the responsibility of the County. 3. The Schedule of Fees shall be effective as of October 1,2025. The base fees have been adjusted by 2% as reflected in the adoption of Resolution 2024-184 and Resolution 2025-039. For the October 1, 2026 fee adjustment, the Food Truck lease base fee shall be excluded from the adjustment. 4. The Code of Conduct attached hereto and incorporated herein as Exhibit "B" is hereby adopted. 5. Kitchen clients that are food entrepreneurs that utilize the facility to produce, package, and market food business items shall have priority for use of the facility. 6.To facilitate additional facility usage during non-peak hours,kitchen clients utilizing the kitchen between 9:00 p.m. and 6:00 a.m. shall be charged an overnight rate of$100.00 for the nine-hour period, which equates to approximately $11.11 per hour. In addition, for a period of one (1) year beginning October 1,2026,kitchen clients may elect to pay a flat overnight fee of$1,500.00 per month for unlimited use of the kitchen during the overnight hours of 9:00 p.m. to 6:00 a.m. The County Administrator or designee shall evaluate the pilot program and may recommend continuation, modification, or discontinuation based on operational and financial impacts. 7. Non-profit organizations and governmental organizations that provide services to the citizens of St. Lucie County may qualify for a 50%reduction to the Kitchen User Membership Fee(discount not applicable to any other fee) for use of facility only between 7:00PM and 7:00AM on any day or between 7:00AM and 11:00AM on Wednesdays.The reduced fee is limited to the use of the facility for a maximum of two (2)hours per week. It is the responsibility of each organization to provide documentation of non- profit status to be eligible for the reduced fee; including information on the specific services provided to citizens of St. Lucie County and that the organization is not benefitting financially from the use of the kitchen. An annual agreement, with the associated requirements, such as insurance coverage, must be entered into with the County. The County reserves the right to deny any request for a reduced fee. 8. The County Administrator or designee shall annually review,update and distribute policies and procedures for the Sunshine Kitchen to kitchen facility users. The County reserves the right to amend use policies at any time upon written notice to the kitchen facility user. 9. All agreements shall contain provisions authorizing the County, at its sole discretion, to terminate an agreement without cause upon a 30-day notice to the kitchen facility user and, in addition authorization to immediately terminate (cancel) a kitchen facility use agreement due to noncompliance. Upon agreement termination, the agreement shall require the kitchen facility user to immediately remove all of their property from the facility. Page 3 of 11 10. Except as amended herein,the remaining terms and conditions of Resolutions 2025-209,2025- 039 and 2024-184 shall remain in full force and effect. 11. This Resolution shall be effective upon adoption. After motion and second, the vote on this resolution was as follows: Jamie Fowler, Chair ABSENT Larry Leet,Vice Chair AYE James Clasby, Commissioner AYE Erin Lowry, Commissioner AYE Cathy Townsend, Commissioner AYE PASSED AND DULY ADOPTED this 19th day of August, 2026. �4 GOMMI8 BOARD OF COUNTY COMMISSIONERS ATTEST: J? y0 ST. LUCIE COUNTY, FLORIDA vi ; A fpio t Oki,2.„I "'*'* BY: / �..� �-rr 7-' Deputy Clerk '°%F couH'�'i.* Y(`��hair APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney Page 4 of 11 Exhibit A—Schedule of Fees Fee Description Base Fee Supplemental Fee Notes Application fee $36.00 n/a Applicable to Kitchen User or Food Truck applicants. Security Deposit shall be applied to any losses(not including key cards),damages and rent. Kitchen User Security $255.00 n/a Upon termination of the facility use agreement(lease),as Deposit long as Lessee is not in default under any provision,the security deposit will be returned within 30 days,less any amounts to repair any damage caused by lessee during its tenancy,excluding normal wear and tear. 8-hour Minimum Membership:$160.00,payable on the If fees are not paid by the fifteenth(15th)of each month, fifth(5th)day of each month* Lessee will no longer have access to the Kitchen until 8-31 hours $20/hour $50.00 late fee if monthly payment is ALL past due fees are paid. not received within five(5)days of the 32-59 hours $19/hour due date. Specific leased areas will be identified and documented 60-100 hours $18/hour in the facility use agreement(lease)with the Lessee. 1.01+hours $17/hour Subject to applicable tax,and 2% Kitchen User platform fees. Subject to availability and approval by the County. (Lessee) Membership for use between 7pm and 7am*:$17/hour= $136.00 for 8 hours,payable on the fifth(5th)day of each May be subject to additional fees and Reservations are processed through The Food Corridor month. *50%fee reduction for non-profit and governmental fines for unscheduled kitchen time. platform. All packages are charged a platform fee from organizations that provide services to the citizens of the County for use Billable kitchen use hours shall be The Food Corridor for all your billing,scheduling,and of facility only between 7pm and 7am on any day or between 7am and confirmed with surveillance equipment advertisement:2%ACH,2%cash,checks,money I1am on Wednesdays.Reduction limited to a max of 2 hours per week. and the logged key card swipes. orders. Membership for use between 9pm and 6am:$100 for 9 hours($11.11 per hour),payable on the fifth(5th)day of Credit card payments have a third-party convenience fee each month. of 4%of the total amount charged. Page 5 of 12 -or- Kitchen clients may elect to pay a flat overnight rate of $1,500.00 per month for unlimited use of the kitchen during the overnight hours from 9:00 p.m.to 6:00 a.m.,payable on the fifth(5th)day of each month. The flat monthly overnight rate is a pilot program which is effective for 1-year starting October 1,2026 through October 1, 2027. $10.00 for each extra key Base Fee is for two(2)key cards. Kitchen User key card $10.00 A key card is issued to authorized individuals with a $15.00 for each replacement key card lease and their identified/authorized employees. A 2-hour notice of cancellation or re-scheduling is Cancellation fee $18.00 for less than 2-hr cancellation notice n/a required to move to another date,considering that date is available.Once time has been reserved,the equipment/time slot becomes unavailable to others. Should a stove/oven be left on after Safety is upmost importance.Lessees are expected to use/after a shift a fine of$50 will be properly turn off equipment,clean and sanitize after their Stove/Oven fine n/aimposed. shift and keep the kitchen ready for use by the next shift. If more than two(2)occurrences, After the 3rd occurrence,the County may cancel the $150.00 per occurrence. Kitchen Facility Use Agreement due to noncompliance. $255.00 security deposit Subject to availability and approval by the County. Production Space Rental $20.00 per square foot Subject to cancellation and cleaning fine. Specific leased areas will be identified and documented Subject to applicable tax. in the facility use agreement(lease)with the Lessee. Refrigerator/Cooler/ County Unit or Private Cooler/Freezer Unit additional Subject to availability and approval by the County. Freezer Units Private Unit Unit Type fee for utility expense to the kitchen: Page 6 of 12 $41.00 per month for a single door All Private Cooler/Freezer Unit must be well-maintained cooler/freezer Each single door$10.00/month to minimize utility costs above normal and customary $82.00 per month for double door Each double door$15.00/month use. cooler/freezer Each triple door$20.00/month $122.00 per month for triple door Specific leased areas will be identified and documented cooler/freezer in the facility use agreement(lease)with the Lessee. $56.00 per rack in the Walk-in Cooler Refrigerator/Cooler/ No charge for initial key $10.00 for each extra key A key is only issued to authorized individuals with a Freezer Unit Key $15.00 for each replacement key card lease and their identified/authorized employees. Subject to availability. Dry Storage $51.00 per month per cage n/a Specific leased areas will be identified and documented in the facility use agreement(lease)with the Lessee. $61.00 fine per occurrence if any dishes,pots,or pans are Safety and Sanitation are of upmost importance.Lessees left in the sink after a scheduled shift are also expected to properly clean and sanitize after their Proper sanitation is required. shift and keep the kitchen ready for use by the next shift. Cleaning fines If more than two(2)occurrences,$100 per occurrence. If a 5th occurrence occurs,the County may,at its sole $82.00 fine per occurrence for additional uncleanliness discretion,cancel the Kitchen Facility Use Agreement (floors,trash,equipment,etc.). due to noncompliance. Subject to a licable tax,and 2% Fee due at the initiation of the facility use agreement Food Truck(Lessee)* $536.00/year* platform fees. (lease)and includes access to fresh water,disposing of gray water,and disposing of used oil and food trash only. Page 7 of 12 Kitchen User key card fee Production Space Use $255.00 security deposit by Food Truck(Lessee) $12.00 per hour Subject to cancellation and cleaning Subject to availability and approval by the County. fine. Subject to applicable tax. $18.00/howly $25.00 for lost or replacement keys Office space $117.00/daily(8 hours max) Subject to cancellation and cleaning Subject to availability and approval by the County. $306.00/monthly fine. Subject to applicable tax. $100.00 security deposit $51.00/hourly(minimum billable Subject to availability and approval by the County. Classroom period is two(2)hours) Subject to cancellation and cleaning (870sq.ft.) $255.00(8 hours max)** fine. 15%discount for non-profit organizations. $408.00(12 hours max) Subject to applicable tax. **50%discount for kitchen clients(lessee). $102.00/hourly(minimum billable $300.00 security deposit Subject to availability and approval by the County. period is four(4)hours) Subject to cancellation and cleaning Outdoor space $612.00(8 hours max)** fine. $816.00(10 hours max) 15%discount for non-profit organizations. $1,020.00(12 hours max) Subject to applicable tax. **50%discount for kitchen clients(lessee). Page 8 of 12 For a Kitchen User(Lessee)with more than 91 hours Specific leased areas will be identified and documented (membership)utilized per month: in the facility use agreement(lease)with the Lessee.The $61.00/montlil (3 spaces max) County may cancel the Kitchen Facility Use Agreement due to noncompliance. Parking space lease Subject to availability and approval by the County.A n/a Improper use of a parking space without County parking space lease may be provided if there is sufficient authorization may result in the towing of a vehicle. parking available for the Sunshine Kitchen and the use is not detrimental to the kitchen operations.The County St.Lucie County and the Sunshine Kitchen are not reserves the right to reduce or cancel parking space lease if responsible for any damage,theft,parking tickets,or the leases are impacting operations. removal,towing,and storage costs. Subject to availability and approval by the County. Security Deposit shall be applied to any losses,damages $51.00/hour and rent. (minimum billable period is three(3)hours) $120.00 security deposit Occasional Kitchen User Subject to cancellation and cleaning Individuals wishing to prepare foods for their personal Subject to availability. fine. family consumption or private event,may,upon submission of an application request,use limited pieces Maximum utilization of four(4)times per year. of equipment in the kitchen during Monday to Friday 9am to 5pm when the facility is not in demand by Kitchen Users(Lessee)and the Kitchen Manager is present. Code of Conduct fine $102.00 per occurrence If more than two occurrences,$150 per The County may immediately terminate/cancel the occurrence. Kitchen Facility Use Agreement due to noncompliance. Page 9 of 12 Exhibit B Sunshine Kitchen Code of Conduct The Sunshine Kitchen, a shared-use, incubator, commercial kitchen facility.The kitchen facility aids St. Lucie County residents to improve their quality of life through resources to produce,package,and market food business items. This shared-use kitchen facility is meant to be useful and accommodate a wide variety of start-up businesses. As such, it is necessary that all parties work collectively to make this shared-use kitchen facility work for all. County staff aims to provide customer-focused services to all clients in the food business incubator kitchen facility. This Code of Conduct is designed to ensure a safe, sanitary, respectful, and productive environment. The following Code of Conduct is set forth to outline behaviors and activities that will not be tolerated in the Sunshine Kitchen. Please note, those unwilling to comply will be subject to fines, limitations on kitchen use and,potentially, asked to vacate the facility. The following actions/behaviors are unacceptable as it interferes with the services provided and may compromise safety and the rights of others, cause damage or injury: • Any form of physical violence or threats of physical violence. • Abusive,harassing, intimidating, insulting or derogatory remarks. • Behaving in a manner which reasonably can be expected to disturb other clients or staff, including loud and disorderly conduct, use of obscene or abusive language or gestures. • Removal and off-premise use of equipment. Equipment and items owned by the Sunshine Kitchen must not leave the premises. • Willful misuse, damage, or loss of equipment. • Leaving unclean smallware, equipment and/or kitchen facilities. • Willful damage or vandalism to property and equipment. • User and/or their employees not observing proper safety procedures while in the facility. • Use or alteration of the facility for purposes not permitted in the facility use agreement. • Use of hazardous materials or substances in the facility. • Allowing unauthorized individuals or third parties into the facility without proper and prior authorization by the County. • Use of the facility without scheduled kitchen time. • Threatening to harm, or physically harming staff or clients, or verbally harassing staff or clients. • Smoking or using tobacco products including smoke-less cigarettes. • Possessing, consuming or being under the influence of alcohol or illegal drugs. • Bringing and/or allowing live animals into the facility. Purpose This policy ensures that all parties are informed, and that unacceptable behavior/action is managed consistently and fairly. This policy applies to everyone who accesses our services and facilities. Please Page 10 of 11 note, in the event that someone threatens to harm themselves or others, the appropriate authorities will be notified immediately. Please note, a party (client) may make requests that we cannot reasonably accommodate. This may include but is not limited to: • the quantity of information being sought. • the nature and scale of service requested. • a remedy or outcome that is not within the scope of our ability. Every effort shall be made to provide the party with alternative resources and clear information and explanations. Page 11 of 11