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MEMORANDUM —Jones Mediation Nutrient Removal System November 4, 2016 Page 12 The first step of the treatment process is pumping water from the canal to the Osprey Marsh site. Two large submerged pumps were installed on the north side of the canal just west of the 27th Avenue SW bridge. The canal water is pumped into a pipe that leads to the Osprey Marsh site. In order to protect the pumps from getting damaged and/or clogged with vegetation or other solid material present in the canal, the County constructed a nutrient removal system just upstream from the pumps. The nutrient removal system uses screens to trap solids that are then brought to the surface via a conveyor belt and dumped into a dumpster. The nutrient removal system was constructed wholly within Indian River Farms Water Control District right-of-way but unfortunately, Mr. and Mrs. Jones' house is approximately 14 feet from the right-of-way line and the removal system dumpster is less than 25 feet from their house. Initial plans submitted to the Farms called for the removal system to be installed on the south side of the canal but those plans were changed at the. behest of the Farms. Problems arose soon after construction of the nutrient removal system. Excavation revealed that the drain field from the Jones' septic system encroached into the Farms' canal right-of-way and clearing of the site destroyed most of the drain field. Construction plans called for sheet'piles to be driven into the ground for pouring the concrete walls for the installation of the nutrient removal system. The contractor set up seismic measuring equipment to monitor pile driving. While the measuring equipment showed readings within acceptable levels, the Jones' complained of cracks in their floors, ceilings, exterior walls and their septic tank. Later when epoxy was used to seal cracks in the concrete walls of the nutrient removal system, the Jones' claimed the fumes from the epoxy inundated their house. After construction was complete and the nutrient removal system was operating, the Jones' noticed that odors were emanating from the dumpster. Aside from vegetative debris accumulating in the dumpster, apple snails were being caught in the nutrient removal system and deposited in the dumpster. Apple snails are a species of fresh water snail common to South Florida, Central and South America. The snail can grow up to the size of a golf ball or bigger. Shortly before the Fourth of July holiday, the Jones' complained that the smell from the rotting apple snail was so acrid they had to leave their house and retreat to a hotel to avoid the smell. In November, 2015, the County received notice that the Jones' were filing a lawsuit claiming the nutrient removal system was a nuisance creating problems to the extent that a taking had occurred, together with damages suffered through construction. A nuisance inverse condemnation suit consists of two parts. First, the person making the claim must prove a nuisance exists at a trial before a judge only. Second, if a nuisance is proved, the case proceeds to the assessment of damages before a 12 -member jury. If the court finds the nuisance is severe enough, the judge may order the nuisance to be stopped, which in this case may mean the discontinuation of the use of the nutrient removal system. F:\Attomey\Nancy\DOCSBILL'S\SCC memo mediation agreement acceptance.doc 249