Loading...
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 12 -RMG- 00299/27 Packet Page -2903- 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 Packet Page -2904- Date: 11/2/2012 1 1:31:39 AM Name: OchsLeo Title: County Manager Date: 11/4/2012 12:18:21 PM Packet Page -2905- 11/13/2012 Item 16.K.3.