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Agenda 12/13/2011 Item #16K 812/13/2011 Item 16.K.8. EXECUTIVE SUMMARY Recommendation to authorize the County Attorney to file a lawsuit on behalf of the Collier County Board of County Commissioners, against Reginald Devose, in the County Court of the Twentieth Judicial Circuit in and for Collier County, Florida, to recover damages incurred by the County for the repair and /or replacement to a traffic sign and a light pole damaged by Reginald Devose in the amount of $3,038.40, 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 Reginald Devose, in the County Court of the Twentieth Judicial Circuit in and for Collier County, Florida, to recover damages incurred by the County for the repair and /or replacement to a traffic sign and a light pole damaged by him in the amount of $3,038.40, plus costs of litigation. CONSIDERATIONS: On May 24, 2011, Reginald Devose was operating a vehicle owned by him northbound on Goodlette -Frank road approximately 3/4 mile south of the intersection of Ohio Drive in Collier County. Mr. Devose proceeded off the road toward the east, colliding with a speed sign and then colliding with a light pole, causing extensive damages to both. The County incurred damages in the amount of $3,038.40 for the repair and replacement of County assets. Mr. Devose 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. - CMG 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 Reginald Devose, in the County Court of the Twentieth Judicial Circuit in and for Collier County, Florida, to recover damages incurred by the County for the repair and /or replacement to a traffic sign and a light pole damaged by him in the amount of $3,038.40, plus costs of litigation. PREPARED BY: Colleen M. Greene, Assistant County Attorney Packet Page -3754- COLLIER COUNTY Board of County Commissioners Item Number: 16.K.8. 12/13/2011 Item 16.K.8. Item Summary: Recommendation to authorize the County Attorney to file a lawsuit on behalf of the Collier County Board of County Commissioners, against Reginald Devose, in the County Court of the Twentieth Judicial Circuit in and for Collier County, Florida, to recover damages incurred by the County for the repair and /or replacement to a traffic sign and a light pole damaged by Reginald Devose in the amount of $3,038.40, plus costs of litigation. Meeting Date: 12/13/2011 Prepared By Name: CrotteauKathynell Title: Legal Secretary,County Attorney 11/28/20113:21:13 PM Approved By Name: WalkerJeff Title: Director - Risk Management,Risk Management Date: 11/28/2011 3:50:24 PM Name: GreeneColleen Title: Assistant County Attomey,County Attorney Date: 11/29/2011 10:17:13 AM Name: KlatzkowJeff Title: County Attorney, Date: 11/29/2011 11:42:27 AM Name: GreenwaldRandy Title: Management/Budget Analyst,Office of Management & B Date: 11/30/2011 10:02:20 AM Name: SheffieldMichael Title: Manager- Business Operations, CMO Date: 11/30/2011 12:14:59 PM Packet Page -3755-