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Agenda 09/23/2014 Item #16K 19/23/2014 16. K.1. EXECUTIVE SUMMARY Recommendation to authorize the County Attorney to file a lawsuit on behalf of the Collier County Board of County Commissioners against the Vineyards Development Corporation, Debra Lee Gogan, Amelia Sosa, and Astrid Ramirez in the Circuit Court of the Twentieth Judicial Circuit, in and for Collier County, Florida, to recover damages for the repair of a traffic control box in the amount of $30,771.56, plus costs of litigation. OBJECTIVE: For the Board of County Commissioners to authorize the County Attorney to file a lawsuit against the Vineyards Development Corporation, Debra Lee Gogan, Amelia Sosa, and Astrid Ramirez, for the repair of a traffic control box in the amount of $30,771.56, plus costs of litigation. CONSIDERATIONS: On October 29, 2013 a vehicle owned by the Vineyards Development Corporation and operated by Debra Gogan, an employee of the Vineyards Development Corporation, was in the left hand, west -bound turn lane on Pine Ridge Road at the intersection with Whippoorwill Lane. The traffic signals were green for both westbound and east bound traffic. A vehicle owned by Amelia Sosa, and being operated by Astrid Ramirez, was traveling east bound on Pine Ridge Road in the inside lane. The vehicle operated by Debra Gogan attempted a U -turn in front of the Sosa vehicle. The Sosa vehicle struck the Gogan vehicle, spinning it around. The Sosa vehicle then struck and caused significant damage to a County - owned traffic control box on the south east corner of Pine Ridge Road and Whippoorwill Lane. The two drivers, along with the owners of the vehicles, have since filed lawsuits against each other, and refused to address the County's damages. 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. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this item. LEGAL CONSIDERATIONS: This item has been approved as to form and legality and requires a majority vote for Board approval. - KN RECOMMENDATION: That the Board of County Commissioners authorize the County Attorney to file a lawsuit on behalf of the Collier County Board of County Commissioners against the Vineyards Development Corporation, Debra Lee Gogan, Amelia Sosa, and Astrid Ramirez, in the Circuit Court of the Twentieth Judicial Circuit in and for Collier County, Florida, to recover damages for the repair of a traffic control box in the amount of $30,771.56, plus costs of litigation. PREPARED BY: Kevin L. Noell, Assistant County Attorney Page 1 of 1 Packet Page -3520- 9/23/2014 16.K.1. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.K.16.K.1. Item Summary: Recommendation to authorize the County Attorney to file a lawsuit on behalf of the Collier County Board of County Commissioners against the Vineyards Development Corporation, Debra Lee Gogan, Amelia Sosa, and Astrid Ramirez in the Circuit Court of the Twentieth Judicial Circuit, in and for Collier County, Florida, to recover damages for the repair of a traffic control box in the amount of $30,771.56, plus costs of litigation. Meeting Date: 9/23/2014 Prepared By Name: CrotteauKathynell Title: Legal Secretary, CAO Office Administration 9/10/2014 2:34:38 PM Approved By Name: WalkerJeff Title: Director - Risk Management, Risk Management Date: 9/10/2014 2:46:35 PM Name: NoellKevin Title: Assistant County Attorney, CAO General Services Date: 9/10/2014 3:22:46 PM Name: IsacksonMark Title: Director -Corp Financial and Mngmt Svs, Office of Management & Budget Date: 9/11/2014 11:35:56 AM Name: KlatzkowJeff Title: County Attorney, Date: 9/11/2014 2:39:45 PM Name: OchsLeo Title: County Manager, County Managers Office Date: 9/13/2014 1:48:21 PM Packet Page -3521-