TOWN OF JUPITER. Thomas Hernandez, P.E., Project Engineer

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1 TOWN OF JUPITER DATE: April 5, 2016 TO: Honorable Mayor and Members of Town Council THRU: Andrew D. Lukasik, Town Manager THRU: FROM: Thomas V. Driscoll, P.E., Director of Engineering, Parks and Public Works Thomas Hernandez, P.E., Project Engineer SUBJECT: CINQUEZ PARK OPEN SPACE SITE PLAN - Status of project and discussion of recommended changes to the site layout due to wetlands on the property EXECUTIVE SUMMARY: Discussion of the Cinquez Park Open Space property to present project status (tasks completed, wetlands on site, potential wetland mitigation impacts/costs, and updated schedule) and discuss Staff recommended changes to the site layout due to two wetlands on the property. Project status: Tasks completed- The Engineering Staff released the Request for Qualifications (RFQ) on December 6, Five firms responded to the RFQ and the Selection Committee shortlisted all firms; Burke Construction Group, the Collage Companies, West Construction/West Architecture + Design, Burkhardt Construction/Kimley-Horn and Associates, and Straticon. Staff had nearly completed the Request for Proposal (RFP) Documents and was working toward releasing the RFP for the next phase of the design-build firm selection process when it was decided to place the solicitation on hold due to the potential of jurisdictional wetlands on the project site. Wetlands on site- Staff received an Informal Determination from the South Florida Water Management District (SFWMD) and a Jurisdictional Determination from the United States Army Corps of Engineers (USACE) in The previous Informal Determination from both agencies determined the site to contain other surface waters and not considered to be waters of the United States. Since the previous Jurisdictional Determination for the site from the USACE had expired, Staff composed an application to formally request revalidation of the previous decision that the site does not contain waters of the United States. The USACE required the Town perform a wetland delineation prior to proceeding with their site investigation. Isiminger and Stubbs Engineering, Inc. was contracted to perform the required wetland delineation and complete the corresponding paperwork for the USACE. During the wetland delineation, Isiminger and Stubbs Engineering, Inc. and Staff met with the SFWMD and USACE onsite to discuss the potential of jurisdictional wetlands located within the property. Following the onsite meeting with the SFWMD and USACE, the wetland boundaries were surveyed and provided the information to both regulatory agencies. As a result, the SFWMD issued a new Informal Determination which found the site to have 2.01 acres of wet prairie area and 1.20 acres of freshwater marsh area; see attached SFWMD Informal Wetland Determination. The SFWMD also provided Uniform Mitigation Assessment Method (UMAM) scoring for each of the wetlands on site which provided a better understanding of the required mitigation for the project site in the event all wetlands were impacted. UMAM is used to determine the amount of mitigation needed to offset adverse impacts to wetlands/other surface waters and to award/deduct mitigation bank credits. The USACE has not released their official Jurisdictional Determination at this time but recent discussions with the USACE project manager indicate the wetlands are likely isolated and not considered waters of the United States.

2 Potential wetland mitigation impacts/costs- The approved site plan would impact roughly 90% (1.81 acres) of the wet prairie area and roughly 50% (0.6 acres) of the freshwater marsh area onsite; see attached Current Cinquez Park Site Plan. While the approved site plan would allow for the creation/onsite mitigation of freshwater marsh there would be limited space for onsite mitigation of wet prairie. It is estimated that there would be room for roughly 0.5 acres of wet prairie for onsite mitigation using the approved site plan. Construction of the approved site layout would require the Town to perform additional offsite mitigation projects or require payment to a wetland mitigation bank. Assuming 0.5 acres of onsite wet prairie mitigation on the approved site layout, the estimated additional cost of payment to a mitigation bank is approximately $50,000. Currently, the project under the approved site plan is estimated to be largely over budget ($425,332.72) due to the various fund types used to fund the design/construction and because the Town of Jupiter did not receive the Loxahatchee River Preservation Initiative grant; see attached Approved Site Plan Budget/Estimate summary. Payment to a mitigation bank would only worsen the issue unless additional funds are allocated to the project. Updated schedule- The new tentative timeline for the first phase of the project may be found below: Release Request for Proposals (RFP).. April 5, 2016 Review technical packages from Design-Builders April 14, 2016 Proposal opening... May 30, 2016 Award contract... June 21, 2016 Contract execution. June 22, 2016 through late July 2016 Pre-design meeting/notice to Proceed/begin design... Early August 2016 Start construction... Late November 2016 Project completion. Early Summer 2017 (Q3 2017) Alternate Site Layout: Staff has provided an alternate site plan that was the original plan presented to Town Council. The alternate site plan would impact just over 25% (0.5 acres) of the wet prairie area and roughly 40% of the freshwater marsh area; see attached Alternate Cinquez Park Plan. The alternate site plan would allow for onsite mitigation of the wet prairie and freshwater marsh without the need for additional offsite mitigation or payment to mitigation banks if the project creates wetlands of equal or better quality. The Staff also moved and eliminated various elements within the site (such as the parking lot and restroom) to avoid the two wetland areas and reduced some items (such as the number benches which are easily installed at a later time) in order to provide additional value engineering. Items removed include the future community garden and open grass areas. The alternate site layout requires the dog park areas to be moved closer to Indiantown Road/Center Street however, a planted landscape buffer can be installed in order to obscure the view of the fencing. The alternate site plan would also reduce the estimated budget shortfall ($286,832.18) due to the removal of the various site elements and avoidance of the jurisdictional wetlands; see attached Alternate Site Plan Budget/Estimate summary. In addition to the cost savings associated with reduced wetland mitigation, staff has developed a plan to further reduce costs by use of deductive alternates; see attached deductive alternate summary. For the revised site plan, we incorporated some of these changes, and therefore, the differential does not appear equal. Additionally and with advance knowledge of the budget, staff made the decision to remove certain elements from the project scope that could be added at a later time if we opt not to include them in the current Phase I; see attached add alternates. Lastly, in reacting to the wetland determination, we have not had time to further refine our estimate of major activities such as earthwork. As this project is being procured under design/build, we have more cost uncertainty at this point than if we were estimating from a complete design under a design/bid/build procurement. This coupled with increasing construction activity in the area are cautionary points as we consider the project budget. Ultimately, we may need to amend the budget and increase the funding. Treehouse: Planning and Zoning Staff was recently contacted by Treehouse Masters. They indicated that they have filled the spots for treehouses for the next season and suggest that we contact them again for the next season in October. Based on the phasing schedule for phase two, staff suggests that we no longer pursue working with Treehouse Masters and will be drafting in-house some preliminary designs in

3 preparation of a roundtable with Town Council in September RECOMMENDATION: Staff recommends Town Council s approval of the alternative site plan to reduce impacts to wetlands. Strategic Results: Small Town Feel Attachments: SFWMD Informal Wetland Determination Approved Site Plan Budget/Estimate Summary Alternate Site Plan Budget/Estimate Summary Add Alternate Summary Approved Cinquez Park Site Plan Alternate Cinquez Park Site Plan Deductive Alternate Summary CIP Sheet Funding Source: x Approved in Budget $ 2,518,635 Sources: See attached CIP x Additional Funding Required - CIP Fund Balance $ 250,055 Sources: General Revenues

4 March 4, 2016 Mr. Thomas Hernandez Town of Jupiter 210 Military Trail Jupiter, FL Via RE: Cinquez Park Informal Wetland Determination Application No Informal Wetland Determination No IF Palm Beach County Dear Mr. Hernandez: The District offers the following in response to your request for an informal determination of wetlands and other surface waters boundaries located at the subject acre property shown on Exhibits 1.0 and 1.1 (enclosed). A site inspection was conducted by District staff on February 2, Based upon the site inspection and a review of aerial photographs and other site information, the subject parcel contains a 2.01-acre wet prairie wetland area and a 1.20-acre freshwater marsh wetland area, as defined by Chapter Florida Administrative Code (FAC). The surveyed boundaries of these state jurisdictional wetlands are depicted on Exhibit 2.0. This correspondence is an informal pre-application wetland determination pursuant to Chapter 373, Florida Statutes. It does not bind the District, its agents or employees, nor does it convey any legal rights, expressed or implied. Persons obtaining this informal preapplication wetland determination are not entitled to rely upon it for purposes of compliance with provision of law or District rules. A binding wetland determination may be obtained by petitioning the South Florida Water Management District for a wetland declaratory statement pursuant to FAC Rule or by applying for an Environmental Resource permit. Please note that the subject parcel may include wetlands of the United States that are jurisdictional under federal rules. Dredging or filling in such areas may require a Department of Army permit from the U.S. Army Corps of Engineers (USACE). Receipt of a state or local government permit does not preclude the need to obtain a USACE permit prior to DISTRICT HEADQUARTERS: 3301 Gun Club Road, West Palm Beach, Florida (561) (800) Mailing Address: PO BOX West Palm Beach FL, LOWER WEST COAST SERVICE CENTER: 2301 McGregor Boulevard, Fort Myers, FL (239) (800) OKEECHOBEE SERVICE CENTER: 3800 N.W. 16 th Blvd, Suite A, Okeechobee, FL (863) (800) ORLANDO SERVICE CENTER: 1707 Orlando Central Parkway, Suite 200, Orlando FL (407) (800)

5 Mr. Thomas Hernandez Cinquez Park Informal Wetland Determination March 4, 2016 Page 2 commencing any work at the subject property. For more information about the USACE Regulatory Program, you may access the USACE website at: You may also contact the local USACE regulatory office for additional information at (305) An informal wetland determination file has been set up at the District s West Palm Beach headquarters with this information. If you have any questions please contact Trisha Stone at (561) or tstone@sfwmd.gov. Sincerely, Barbara J. Conmy, Section Leader Environmental Resource Bureau South Florida Water Management District BC/ts Enclosures Exhibits c: Tom Driscoll, Town of Jupiter Charles Isiminger, Isiminger & Stubbs Engineering, Inc.

6 bc: Trisha Stone Address: Tom Driscoll Town of Jupiter 210 Military Trail Jupiter, FL Charles Isiminger

7 NOTICE OF RIGHTS As required by Sections and (3), Fla. Stat., the following is notice of the opportunities which may be available for administrative hearing or judicial review when the substantial interests of a party are determined by an agency. Please note that this Notice of Rights is not intended to provide legal advice. Not all of the legal proceedings detailed below may be an applicable or appropriate remedy. You may wish to consult an attorney regarding your legal rights. RIGHT TO REQUEST ADMINISTRATIVE HEARING A person whose substantial interests are or may be affected by the South Florida Water Management District s (SFWMD or District) action has the right to request an administrative hearing on that action pursuant to Sections and , Fla. Stat. Persons seeking a hearing on a SFWMD decision which affects or may affect their substantial interests shall file a petition for hearing with the Office of the District Clerk of the SFWMD, in accordance with the filing instructions set forth herein, within 21 days of receipt of written notice of the decision, unless one of the following shorter time periods apply: (1) within 14 days of the notice of consolidated intent to grant or deny concurrently reviewed applications for environmental resource permits and use of sovereign submerged lands pursuant to Section , Fla. Stat.; or (2) within 14 days of service of an Administrative Order pursuant to Section (1), Fla. Stat. "Receipt of written notice of agency decision" means receipt of written notice through mail, electronic mail, or posting that the SFWMD has or intends to take final agency action, or publication of notice that the SFWMD has or intends to take final agency action. Any person who receives written notice of a SFWMD decision and fails to file a written request for hearing within the timeframe described above waives the right to request a hearing on that decision. If the District takes final agency action which materially differs from the noticed intended agency decision, persons who may be substantially affected shall, unless otherwise provided by law, have an additional Rule , Fla. Admin. Code, point of entry. Any person to whom an emergency order is directed pursuant to Section (2), Fla. Stat., shall comply therewith immediately, but on petition to the board shall be afforded a hearing as soon as possible. A person may file a request for an extension of time for filing a petition. The SFWMD may, for good cause, grant the request. Requests for extension of time must be filed with the SFWMD prior to the deadline for filing a petition for hearing. Such requests for extension shall contain a certificate that the moving party has consulted with all other parties concerning the extension and that the SFWMD and any other parties agree to or oppose the extension. A timely request for an extension of time shall toll the running of the time period for filing a petition until the request is acted upon. FILING INSTRUCTIONS A petition for administrative hearing must be filed with the Office of the District Clerk of the SFWMD. Filings with the Office of the District Clerk may be made by mail, hand-delivery, or . Filings by facsimile will not be accepted. A petition for administrative hearing or other document is deemed filed upon receipt during normal business hours by the Office of the District Clerk at SFWMD headquarters in West Palm Beach, Florida. The District s normal business hours are 8:00 a.m. 5:00 p.m., excluding weekends and District holidays. Any document received by the Office of the District Clerk after 5:00 p.m. shall be deemed filed as of 8:00 a.m. on the next regular business day. Additional filing instructions are as follows: Filings by mail must be addressed to the Office of the District Clerk, P.O. Box 24680, West Palm Beach, Florida Rev. 06/21/15 1

8 Filings by hand-delivery must be delivered to the Office of the District Clerk. Delivery of a petition to the SFWMD's security desk does not constitute filing. It will be necessary to request that the SFWMD's security officer contact the Office of the District Clerk. An employee of the SFWMD's Clerk's office will receive and file the petition. Filings by must be transmitted to the Office of the District Clerk at clerk@sfwmd.gov. The filing date for a document transmitted by electronic mail shall be the date the Office of the District Clerk receives the complete document. A party who files a document by shall (1) represent that the original physically signed document will be retained by that party for the duration of the proceeding and of any subsequent appeal or subsequent proceeding in that cause and that the party shall produce it upon the request of other parties; and (2) be responsible for any delay, disruption, or interruption of the electronic signals and accepts the full risk that the document may not be properly filed. INITIATION OF AN ADMINISTRATIVE HEARING Pursuant to Sections (5)(b)4. and (2)(c), Fla. Stat., and Rules and , Fla. Admin. Code, initiation of an administrative hearing shall be made by written petition to the SFWMD in legible form and on 8 1/2 by 11 inch white paper. All petitions shall contain: 1. Identification of the action being contested, including the permit number, application number, SFWMD file number or any other SFWMD identification number, if known. 2. The name, address, any address, any facsimile number, and telephone number of the petitioner and petitioner s representative, if any. 3. An explanation of how the petitioner s substantial interests will be affected by the agency determination. 4. A statement of when and how the petitioner received notice of the SFWMD s decision. 5. A statement of all disputed issues of material fact. If there are none, the petition must so indicate. 6. A concise statement of the ultimate facts alleged, including the specific facts the petitioner contends warrant reversal or modification of the SFWMD s proposed action. 7. A statement of the specific rules or statutes the petitioner contends require reversal or modification of the SFWMD s proposed action. 8. If disputed issues of material fact exist, the statement must also include an explanation of how the alleged facts relate to the specific rules or statutes. 9. A statement of the relief sought by the petitioner, stating precisely the action the petitioner wishes the SFWMD to take with respect to the SFWMD s proposed action. MEDIATION The procedures for pursuing mediation are set forth in Section , Fla. Stat., and Rules and , Fla. Admin. Code. The SFWMD is not proposing mediation for this agency action under Section , Fla. Stat., at this time. RIGHT TO SEEK JUDICIAL REVIEW Pursuant to Section , Fla. Stat., and in accordance with Florida Rule of Appellate Procedure 9.110, a party who is adversely affected by final SFWMD action may seek judicial review of the SFWMD's final decision by filing a notice of appeal with the Office of the District Clerk of the SFWMD in accordance with the filing instructions set forth herein within 30 days of rendition of the order to be reviewed, and by filing a copy of the notice with the clerk of the appropriate district court of appeal. Rev. 06/21/15 2

9 T 40 T 41 Site location T 42 T 43 T 44 T 45 T 46 T 47 T 48 R 35 R 36 R 37 R 38 R 39 R 40 R 41 R 42 R 43 PALM BEACH COUNTY, FLORIDA Cost Code: Application No: Permit No: IF Exhibit Number: 1.0 Sec 3 / Twp 41 / Rge 42 Project Name: CINQUEZ PARK INFORMAL WETLAND DETERMINATION 0 50, ,000 Feet Map Date:

10 C E N T E R S T 8 7 B 8 7 A W I N D I A N T O W N R D W I N D I A N T O W N R D 8 7 A I I C E N T R A L B L V D F L O R I D A ' S T P K E C E N T R A L B L V D T O N E Y P E N N A D R Exhibit 1.1 Exhibit Created On: PALM BEACH COUNTY, FL Application REGULATION DIVISION Project Name: CINQUEZ PARK INFORMAL WETLAND DETERMINATION 0 1,100 2,200 Feet Permit No: IF Application Number: Created by South Florida Water Management District

11 S:\12projects\12-99-Cinquez Park\dwg\TOPO-Cinquez Park2015-wet.dwg, 2/18/2016 1:33:37 PM, DWG To PDF.pc3 APP. NO EXHIBIT 2.0 Page 1 of 1

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13 Approved Site Plan Budget/Estimate Summary Fund Type General Revenues Stormwater Environmental Escrow Tree Funds Land Open Space TOTALS Phase I Budget Summary Amount Needed by Estimate Budget Amount Budget Shortfall by Fund Type $ 1,338, $ 1,225, $ 112, $ 235, $ 329, $ (93,421.00) Excess funds. CANNOT be used for Phase I $ 46, $ 277, $ (231,140.00) Excess funds. CANNOT be used for Phase I $ 98, $ 53, $ 45, $ 780, $ 513, $ 267, $ 2,499, $ 2,398, Total Budget Shortfall by Hard Costs $ 100, $ 425, Total Shortfall by Fund Type $ 36, Amount Expended/Encumbered to Date $ 388, Additional Needed

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15 Alternate Site Plan Budget/Estimate Summary Fund Type General Revenues Stormwater Environmental Escrow Tree Funds Land Open Space TOTALS Phase I Budget Summary Amount Needed by Estimate Budget Amount Budget Shortfall by Fund Type Comments $ 1,261, $ 1,225, $ 35, Additional funds needed $ 235, $ 329, $ (93,421.00) Excess funds. CANNOT be used for Phase I $ 44, $ 277, $ (233,156.22) Excess funds. CANNOT be used for Phase I $ 98, $ 53, $ 45, Additional funds needed $ 719, $ 513, $ 205, Additional funds needed $ 2,359, $ 2,398, Total Budget Shortfall by Hard Costs $ (39,745.04) $ 286, Total Shortfall by Fund Type $ 36, Amount Expended/Encumbered to Date $ 250, Additional Needed

16 Deductive Alternate Summary Deductive Alternates which Apply Only to the Approved Site Plan Estimated Cost Description Savings Remove Speed Table and Replace with Decorative Crosswalk $ 10, Alternate Benches $ 33, Less Benches (Not to be Applied with Alternate Benches) $ 8, Alternate Waste Receptacles $ 6, Alternate Picnic Tables $ 12, Less Picnic Tables (Not to be Applied with Alternate Picnic Tables) $ 14, Deductive Alternates which Apply to Both the Approved and Alternate Site Plans Estimated Cost Description Savings Defer/Remove Irrigation Connection to TOJ Potable Water System $ 173, Remove FPL Lighting along Tuscaloosa Street and Yancy Avenue $ 19, Remove Decorative Paver Crosswalks $ 10, Remove One Half of the Large Trees Planted on Site $ 49, Remove Sidewalk Lengths $ 35, Mulch Pathways in Northern Areas in Lieu of Sidewalks $ 18, Alternate (Smaller) Square Hip Gazeboes $ 64,800.00

17 Add Alternate Summary Estimated Description Additional Costs Extend Water Line along Yancy Avenue $ 56, Stabilized Subgrade and Base Rock for Overflow Parking Area $ 11, Pave Overflow Parking Area $ 4, Pervious Concrete on Street Parking $ 52, Note: All items listed above can be added to the approved and alternate site plans

18 TOWN OF JUPITER COMMUNITY INVESTMENT PROGRAM Strategic Priority : Department : Planning & Zoning Uniquely Jupiter, Small town feel & Greenspaces Project No. : R0018 Project Name : Year(s) : Cinquez Park Open Space Property Projected In-Service Date : 2014 Project Description : Provide improvements to the Open Space site including public access for multi-purpose use (such as a dog park, tot lot and open grass fields) clearing exotics, planting landscaping, & construction of an access drive aisle with parallel parking through the middle of the site. The site improvements will be in three phases. The first phase of exotic removal & restoration along the north portion of property is complete. Phase 2 will include construction of the public access drive w/ parallel parking, sidewalks, overall site work, the dog park & restrooms, street lights & perimeter improvements such as on-street parking and street lighting. Phase 3 includes the playground with an accessible treehouse in the large Ficus tree & potential location for a community garden. Link to Strategic Plan : This project is part of the open space program for "Uniquely Jupiter, Small Town Feel"; "Managed Growth" and "Greenways" that preserves the Town's natural resources. Need, Justification, Benefits : This Open Space property is centrally located within the town and is a highly visible asset. The intent is to restore the site with pine flatwoods, wetlands, & open grass areas. Portions of the dog park and the playground will be provided on the 3 acres purchased using CIP general fund. Public access will be provided by an east-west drive aisle w/ parallel on-street parking w/ walking paths throughout the site. Opportunities for education about plant communities & future community garden location will be provided w/ open grass fields for day time leisure activities. Location & Area Map Project Photo Comments : The Open Space Funds may be used for creating public access. Staff is submitting an application for a Loxahatchee River Preservation Initiative grant for hydrologic improvements to the site. The Environmental and Ecological Improvement fund was used for exotic removal and restoration of native plant communities. A portion of the cost of the land was purchased using Open Space funds. There was $1,076, remaining in the Open Space fund as of May 20, FY Preliminary TOJ CIP 09/11/15 94 of 175

19 TOWN OF JUPITER COMMUNITY INVESTMENT PROGRAM FINANCIAL INFORMATION Project Name : Cinquez Park Open Space Property Project No. R0018 Strategic Priority : Uniquely Jupiter, Small Town Feel Department : Planning & Zoning Prior to After Total Project Budget : Land acquisition Planning / Design 35,000 $ 35,000 Engineering/permits 197,000 5,000 $ 202,000 Construct 1,855, ,800 $ 2,364,435 Exotic removal 40,000 $ 40,000 Landscape/Irrigation 391,000 $ 391,000 Total Budget $ 2,518,635 $ 513,800 $ - $ - $ - $ - $ - $ 3,032,435 Funding Sources : General revenues 1,225, ,300 $ 1,482,035 Escrow (220863) 119,000 $ 119,000 Impact fees 120,000 $ 120,000 Stormwater 329,400 $ 329,400 Escrow env.(220811) 288,500 11,500 $ 300,000 Escrow tree (220816) 53,000 7,000 $ 60,000 Open Space Fund 622,000 $ 622,000 Total Revenues $ 2,518,635 $ 513,800 $ - $ - $ - $ - $ - $ 3,032,435 Operating : Personnel $ - Operating $ 32,000 $ 36,000 $ 70,000 $ 70,000 $ 70, $ 70,000 $ 418,000 Capital $ - Other $ - Total Operating $ 32,000 $ 36,000 $ 70,000 $ 70,000 $ 70,000 $ 70,000 $ - $ 418,000 PREVIOUS YEARS FINANCIAL ACTIVITY Prior to FY 2011 FY 2011 FY 2012 FY 2013 FY 2014 FY 2015 Total * Amount Budgeted $ - $ - $ 95,000 $ 204,000 $ 100,500 $ 2,119,135 $ 2,518,635 Amount Expended $ - $ - $ 38,830 $ 24,705 $ 45,338 $ 7,618 $ 116,491 2/3/2015 Balance $ 2,402,144 * FY15 Grant application by Loxahatchee Preservation Initiative, Dept. of Environmental Protection not funded, amended FY15. * FY15 Private contributions and/or grants for dog park not being funded, FY15 amended. FY Preliminary TOJ CIP 09/11/15 95 of 175