Carefree Truth
Issue #568, May 22, 2017
At Call to the Public, Robert Jacobsen again complained about signage and trees. Mr. Jacobsen's complaints "have to do with the bike lane expansion done on Carefree and Cave Creek roads". He said the signage is incorrect for the road in 2 places, and the trees are growing. He wants another meeting concerning his issues. He also spoke about an email from Mayor Peterson about highway expertise.
Issue #568, May 22, 2017
At Call to the Public, Robert Jacobsen again complained about signage and trees. Mr. Jacobsen's complaints "have to do with the bike lane expansion done on Carefree and Cave Creek roads". He said the signage is incorrect for the road in 2 places, and the trees are growing. He wants another meeting concerning his issues. He also spoke about an email from Mayor Peterson about highway expertise.
Photo by Herbert Hitchon
Mayor Peterson replied, "You will recall, Mr. Jacobsen, that you and I had exchanged emails and I asked you if you had qualifications as a certified traffic engineer or that you would bring in some engineering report other than your supposition on these things". Mr. Jacobsen told the Mayor that it is a two way street. "You broadly claim you had expertise and didn't show credentials either."
(Lyn's note: The public record shows that Mayor Peterson and Mr. Neiss have repeatedly explained that the sign placements were dictated by traffic engineers from the Arizona Department of Transportation. The bike lanes were an ADOT project and the signs were a part of that project.)
https://vimeo.com/215925452
Post Script: On May 17th, Mr. Jacobsen filed a Notice of Claim against the Town of Carefree and Mayor Les Peterson. I submitted a public records request for information pertaining to this Notice and was supplied with the following:
Mayor Peterson replied, "You will recall, Mr. Jacobsen, that you and I had exchanged emails and I asked you if you had qualifications as a certified traffic engineer or that you would bring in some engineering report other than your supposition on these things". Mr. Jacobsen told the Mayor that it is a two way street. "You broadly claim you had expertise and didn't show credentials either."
(Lyn's note: The public record shows that Mayor Peterson and Mr. Neiss have repeatedly explained that the sign placements were dictated by traffic engineers from the Arizona Department of Transportation. The bike lanes were an ADOT project and the signs were a part of that project.)
https://vimeo.com/215925452
Post Script: On May 17th, Mr. Jacobsen filed a Notice of Claim against the Town of Carefree and Mayor Les Peterson. I submitted a public records request for information pertaining to this Notice and was supplied with the following:
On the Notice, Mr. Jacobsen stated that the "bicycle lane addition has caused hazardous trees in the medians and they continue to encroach on the roadway", and that this may cause "possible death from overgrown trees, possible automobile accidents, possible lawsuits from accidents (negligence)".
The following is the response sent to Mr. Jacobsen from Southwest Risk Services, the claims administrator for the Arizona Municipal Risk Retention Pool, of which the Town of Carefree is a Member:
May 22, 2017
Robert Jacobsen
P.O. Box 2835
Carefree, AZ 85357
RE: Claim #: GL32291
Pool Member: Town of Carefree
Claimant: Robert Jacobsen
Dear Mr. Jacobsen:
Southwest Risk Services is the claims administrator for the Arizona Municipal Risk Retention Pool (“the Pool”), of which the Town of Carefree (“Town”) is a Member. We have received your Notice of Claim in which you state that the bicycle lane addition has created hazardous trees in the median, which encroach upon the roadway. You describe the damage to property as “possible death from overgrown trees,” “possible automobile accidents,” and “possible lawsuits from accidents (negl).”
The following Arizona Revised Statutes govern how claims are presented against a public entity such as the Town:
12-821. General limitation; public employee
All actions against any public entity or public employee shall be brought within one year after the cause of action accrues and not afterward.
12-821.01. Authorization of claim against public entity, public school or public employee
A. Persons who have claims against a public entity, public school or a public employee shall file claims with the person or persons authorized to accept service for the public entity, public school or public employee as set forth in the Arizona rules of civil procedure within one hundred eighty days after the cause of action accrues. The claim shall contain facts sufficient to permit the public entity, public school or public employee to understand the basis on which liability is claimed. The claim shall also contain a specific amount for which the claim can be settled and the facts supporting that amount. Any claim that is not filed within one hundred eighty days after the cause of action accrues is barred and no action may be maintained thereon.
Your Notice of Claim is defective for the following reasons:
1. You have not made a claim for actual damages incurred by you. Instead, you speculate as to possible future damages by others;
2. The Notice of Claim does not contain facts sufficient to permit the Town to understand the basis on which liability is claimed;
3. The Notice of Claim does not contain a specific amount for which any claim can be settled and the facts supporting that amount.
There may be other reasons why your Notice of Claim is invalid, and we reserve the right to rely upon such reasons. No action on our part shall constitute a waiver of your obligations to meet the requirements of A.R.S. 12-821 OR A.R.S. 821.01. We affirmatively do not waive any requirement under the statute, and we reserve our rights to all defenses that may be available.
Sincerely,
Tammie M. Carr
P & C Litigation Specialist
Direct: (602) 368-6658
Carefree Truth will keep you updated as further information becomes available.
Lyn Hitchon
Prepared by Carefree Truth
Visit our website at www.carefreetruth2.com If you know anyone who would like to be added to the Carefree Truth email list, please have them contact me. Feel free to share Carefree Truth with others on your list.
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The following is the response sent to Mr. Jacobsen from Southwest Risk Services, the claims administrator for the Arizona Municipal Risk Retention Pool, of which the Town of Carefree is a Member:
May 22, 2017
Robert Jacobsen
P.O. Box 2835
Carefree, AZ 85357
RE: Claim #: GL32291
Pool Member: Town of Carefree
Claimant: Robert Jacobsen
Dear Mr. Jacobsen:
Southwest Risk Services is the claims administrator for the Arizona Municipal Risk Retention Pool (“the Pool”), of which the Town of Carefree (“Town”) is a Member. We have received your Notice of Claim in which you state that the bicycle lane addition has created hazardous trees in the median, which encroach upon the roadway. You describe the damage to property as “possible death from overgrown trees,” “possible automobile accidents,” and “possible lawsuits from accidents (negl).”
The following Arizona Revised Statutes govern how claims are presented against a public entity such as the Town:
12-821. General limitation; public employee
All actions against any public entity or public employee shall be brought within one year after the cause of action accrues and not afterward.
12-821.01. Authorization of claim against public entity, public school or public employee
A. Persons who have claims against a public entity, public school or a public employee shall file claims with the person or persons authorized to accept service for the public entity, public school or public employee as set forth in the Arizona rules of civil procedure within one hundred eighty days after the cause of action accrues. The claim shall contain facts sufficient to permit the public entity, public school or public employee to understand the basis on which liability is claimed. The claim shall also contain a specific amount for which the claim can be settled and the facts supporting that amount. Any claim that is not filed within one hundred eighty days after the cause of action accrues is barred and no action may be maintained thereon.
Your Notice of Claim is defective for the following reasons:
1. You have not made a claim for actual damages incurred by you. Instead, you speculate as to possible future damages by others;
2. The Notice of Claim does not contain facts sufficient to permit the Town to understand the basis on which liability is claimed;
3. The Notice of Claim does not contain a specific amount for which any claim can be settled and the facts supporting that amount.
There may be other reasons why your Notice of Claim is invalid, and we reserve the right to rely upon such reasons. No action on our part shall constitute a waiver of your obligations to meet the requirements of A.R.S. 12-821 OR A.R.S. 821.01. We affirmatively do not waive any requirement under the statute, and we reserve our rights to all defenses that may be available.
Sincerely,
Tammie M. Carr
P & C Litigation Specialist
Direct: (602) 368-6658
Carefree Truth will keep you updated as further information becomes available.
Lyn Hitchon
Prepared by Carefree Truth
Visit our website at www.carefreetruth2.com If you know anyone who would like to be added to the Carefree Truth email list, please have them contact me. Feel free to share Carefree Truth with others on your list.
Visit www.carefreeazbusinesses.com to see more info about businesses in Carefree. Please support our merchants.