Agenda 11/13/2012 Item #16K311 Al 3/2012 Item 16.K.3.
EXECUTIVE SUMMARY
Recommendation to authorize the County Attorney to rile a lawsuit on behalf of the Collier
County Board of County Commissioners, against Timothy Hilts in the Circuit Court of the
Twentieth Judicial Circuit in and for Collier County, Florida, to recover dajmages incurred
by the County for the repair to a fire hydrant, sidewalk and street damaged by him in the
amount of $29,649, plus costs of litigation.
OBJECTIVE: For the Board of County Commissioners to authorize the County Attorney to file
a lawsuit on behalf of the Collier County Board of County Commissioners, ',against Timothy
Hilts to recover damages in the amount of $29,649.00, plus costs of litigation.
CONSIDERATIONS: On April 17, 2012, Timothy Hilts was operating a vehicle owned by
him in east bound onto Vanderbilt Beach Road from Mission Hills Plaza. Mr. '',Hilts accelerated
aggressively causing the vehicle's wheels to lose traction. Mr. Hilts lost conttol of his vehicle
and crashed into a County -owned and maintained fire hydrant. The fire hydr nt was damaged
causing the sidewalk to lift and a massive water flow across Vanderbilt Beach Road. The
County incurred damages in the amount of $29,649.00 for repair to the fire hydrant, sidewalk
and street. The County's Risk Management Department made a claim to Mr Hilts' insurance
company for his $10,000.00 policy limit; however the total amount remains unpaid.
Despite repeated demands, Mr. Hilts has refused and continues to refuse to reimburse the County
for these repairs. The County has no other recourse for recovery of the costs than to proceed
with litigation.
FISCAL IMPACT: Funds are budgeted and available in the Risk Management Property &
Casualty Fund. Filing fees, service and process fees total approximately $500.00.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated
with this item.
LEGAL CONSIDERATIONS: The County Attorney has reviewed and approved this item.
This item is legally sufficient for Board action and requires majority vote for aproval. - CMG
RECOMMENDATION: That the Board of County Commissioners auth rize the County
Attorney to file a lawsuit on behalf of the Collier County Board of County Commissioners,
against Timothy Hilts, in the Circuit Court of the Twentieth Judicial Circuit in and for Collier
County, Florida, to recover damages incurred by the County for the repair o a fire hydrant,
sidewalk and street damaged by him in the amount of $29,649.00, plus costs of I itiQation.
PREPARED BY: Colleen M. Greene, Assistant County Attorney
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.3.
11/13/2012 Item 16.K.3.
Item Summary: Recommendation to authorize the County Attorney to file a lawsuit on
behalf of the Collier County Board of County Commissioners, against Timothy Hilts in the Circuit
Court of the Twentieth Judicial Circuit in and for Collier County, Florida, to recover damages
incurred by the County for the repair to a fire hydrant, sidewalk and street damaged by him in
the amount of $29,649, plus costs of litigation.
Meeting Date: 11/13/2012
Prepared By
Name: A1lenDebbie
Title: Legal Office Administrator,County Attorney
11/1/2012 2:19:04 PM
Submitted by
Title: Assistant County Attorney,County Attorney
Name: GreeneColleen
11/1/2012 2:19:06 PM
Approved By
Name: WalkerJeff
Title: Director - Risk Management,Risk Management
Date: 11/1/2012 4:53:50 PM
Name: GreeneColleen
Title: Assistant County Attomey,County, Attorney
Date: 11/2/2012 11:00:48 AM
Name: GreenwaldRandy
Title: Management/Budget Analyst,Office of Management & B
Date: 11/2/2012 11:22:48 AM
Name: KlatzkowJeff
Title: County Attorney
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Date: 11/2/2012 1 1:31:39 AM
Name: OchsLeo
Title: County Manager
Date: 11/4/2012 12:18:21 PM
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11/13/2012 Item 16.K.3.