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Agenda 12/13/2011 Item #16K1012/13/2011 Item 16.K.10. EXECUTIVE SUMMARY Recommendation to authorize the County Attorney to file a lawsuit on behalf of the Collier County Board of County Commissioners, against Jeffrey Lillard, 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 light pole, damaged by Jeffrey Lillard in the amount of $2,489.75, 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 Jeffrey Lillard, 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 light pole damaged by him in the amount of $2,489.75, plus costs of litigation. CONSIDERATIONS: On May 16, 2011, Jeffrey Lillard was operating a vehicle owned by him south bound on Bayshore Drive. Mr. Lillard proceeded off the roadway over the curb, colliding with a light pole. The County incurred damages in the amount of $2,489.75 for the repair and replacement. Although the County has made repeated demands, Mr. Lillard 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 Jeffrey Lillard, 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 light pole damaged by him in the amount of $2,489.75, plus costs of litigation. PREPARED BY: Colleen M. Greene, Assistant County Attorney Packet Page -3759- 12/13/2011 Item 16.K.10. COLLIER COUNTY Board of County Commissioners Item Number: 16.K.10. Item Summary: Recommendation to authorize the County Attorney to file a lawsuit on behalf of the Collier County Board of County Commissioners, against Jeffrey Lillard, 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 light pole, damaged by Jeffrey Lillard in the amount of $2,489.75, plus costs of litigation. Meeting Date: 12/13/2011 Prepared By Name: NeetVirginia Title: Legal Assistant/Paralegal,County Attorney 11/29/20114:42:35 PM Submitted by Title: Assistant County Attorney,County Attorney Name: GreeneColleen 11/29/20114:42:37 PM Approved By Name: WalkerJeff Title: Director - Risk Management,Risk Management Date: 11/30/2011 8:29:55 AM Name: GreeneColleen Title: Assistant County Attorney,County Attorney Date: 11/30/2011 12:14:37 PM Name: GreenwaldRandy Title: Management/Budget Analyst,Office of Management & B Date: 11/30/2011 1:26:45 PM Name: KlatzkowJeff Title: County Attorney, Packet Page -3760- Date: 12/1/20119:41:37 AM 12/13/2011 Item 16.K.10. Name: SheffieldMichael Title: Manager- Business Operations, CMO Date: 12/1/2011 10:36:59 AM Packet Page -3761-