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MEMORANDUM —Jones Mediation Nutrient Removal System November 4, 2016 Fag e 13 If the judge would find a nuisance exists at the first part of the trial, the County would be responsible for attorney's fees and costs. In the second part of the case on damage, the County would once again be responsible for the injured party's attorney's fees and expert witness costs. Seeking to keep its costs to a minimum, the County Attorney's Office asked the Jones' attorney, J. Stanley Chapman of the Equels Law Firm in Tallahassee, for pre -suit mediation. They agreed and on October 25, 2016, mediation was held here in the County Administration Building with H. Randall Brennan as the mediator. Those in attendance were Kevin and Paula Jones; J. Stanley Chapman, their attorney; Vincent Burke, Utilities Director; Richard B Szpyrka, P.E., Public Works Director; Keith McCulley, Project Engineer; and Bill DeBraal, Deputy County Attorney. The parties met for over seven hours and produced the attached mediation agreement for the Board's consideration. The major points in the agreement are: 1. The County will pay $85,000.00 to the Jones' in full and final satisfaction of all claims arising out of this matter, inclusive of all costs and attorney's fees. 2. The County will continue with its twice weekly emptying of the dumpster at the nutrient removal system. 3. Cooperate with the Jones' in permitting of the new septic tank and drain field. 4. Permit a curb to be installed along the north side of the nutrient removal system property at the Jones' expense to reduce drainage onto the Jones' property. 5. Allow the Jones' to plant and maintain landscaping at the Jones' expense along the fence of the nutrient removal system. H. Evaluation. Staff had considered connecting the :!ones' house to County sewer at the County's expense but the closest line would have required installation of a small lift station on the Jones' property. Coupled with the house being built before building permits were required, the retrofitting of pipes and electricity in a 60 -year old house could produce several new problems during the construction process. The current offer was based on making the Jones' property whole again by providing them with the ability to replace the septic system, repair the damage done to the house and compensate them for the claimed diminution of value to the house caused by the nutrient removal system. 1I1. Risk Assessment. If the matter would proceed to a law suit, the County is exposed to attorney's fees, expert witness costs and on its worst day, cessation of the use of the nutrient removal system. On its best day, the court would not find a nuisance or a taking exists and our exposure would be limited to our own expert costs and attorney's fees. Mrs. Jones has lived on the property for most of her life. Her father recently gave them ownership of the house and lot in 2014 and it is their intent to fix up the property. F:\Attomey\Nancy\DOCS\BlLL'S\BCC memo mediation agreement acceptance.doc: 240