HomeMy WebLinkAbout04.d. Deny claim for damages - Kathleen DalyCentral Contra Costa Sanitary District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: June 2, 2011 subject: DENY CLAIM FOR DAMAGES SUBMITTED BY KATHLEEN DALY Submitted By. Initiating Dept✓Div.: Shari Deutsch, Safety & Risk Administration, Safety & Risk Management Administrator Management REVIEWED AND RECOMMENDED FOR BOARD ACTIO S. Deutsch "� raves K. Alm Kelly, ISSUE: The District has received a claim for trespass and damages arising out of construction work performed on and around the claimant's property RECOMMENDATION: Deny the claim. FINANCIAL IMPACTS: Denying the claim has no fiscal impact. ALTERNATIVESICONSIDERATIONS: The alternative is to accept the claim and negotiate a settlement with the claimant. BACKGROUND: From October 2007 through October 2010 District staff and contractors worked on the Martinez Sewer Renovations. The claimant alleges that she was due compensation for a temporary construction easement and for damages to her fence, concrete patio and orange tree. District staff made numerous efforts to work out a settlement during the construction process and also provided her with District claim forms. The claimant rejected all informal offers as insufficient and waited until now to file an administrative claim. Staff reviewed this claim and found that the last offer made by District staff was fair. Staff provided a written offer to the claimant for $1,015.00 but the claimant has not yet accepted it. Denying the claim effectively rescinds staffs offer. However, if the claimant later wishes to settle for the original amount, the District may choose to honor its original offer. The Budget & Finance Committee reviewed this matter at its May 30, 2011 meeting. RECOMMENDED BOARD ACTION: Deny the claim.