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Agenda Item 9AAGENDA ITEM # 9A JUNE 13, 2011 May 26, 2011 MEMORANDUM TO: The Honorable Mayor and Members of the Commission FROM: Jim Hans 7City a an ger SUBJECT: Mana Report Sale of Confiscated Truck Although it is not required by the Code, the staff has had an internal policy requiring that the City Commission declare as surplus and approve the sale of any item with an estimated value of over $1,000. This is to report that one vehicle has been sold without following this policy. The vehicle was a 1996 Nissan Truck that was acquired by the Police Department through the forfeiture related to an attempted murder in 2009. The truck had approximately 150,000 miles on it. It was sold through the "PropertyRoom.com" website used by the Police Department to dispose of surplus property. The sale price of the vehicle was $1,400. Part of the problem was that City staff did not anticipate that the value would be over $1,000. Delaying the sale for commission approval would not have been advisable, so it was determined that it was best to complete the sale and then report the item after the fact to the City Commission. Intent to Sue Notification The City has received a letter from James Anderson, III on behalf of ATT advising of an intent to sue for damages in the amount of $1,005.30. This is related to a utility repair made by the City crew on November 24, 2010 where a couple of ATT cables were damaged. A claim was sent to the City's insurance carrier in January which has denied the claim. A copy of the letter from Mr. Anderson dated May 17, 2011 is attached. AGENDA ITEM # 9A JAMES M. ANDERSON, III, P.C. JUNE 13, 2011 ATTORNEY AT LAW SUITE 130 5855 SANDY SPRINGS CIRCLE ATLANTA, GEORGIA 30328 404.255.0487 FACSIMILE 404.255.0477 James M. Anderson, III Becky Smith, Legal Assistant Mary Catherine Ealick Writer's e-mail: mrs@jmalawfirm.com May 17, 2011 City of Atlantic Beach 800 Seminole Road Atlantic Beach, FL 32233 Re: File #: BLST -62- 201011 -30- 0047 -JSM Date of Damage: 11/24/2010 Amount of Damage: $1,005.30 Type of Damage: Buried Cable Location of Damage: 1438 Cove Landing Dr., Mayport, FL Dear Sir: We have tried without success to reach an amicable solution to the referenced claim. We will make no further attempt to resolve this matter informally. We are forced to recommend litigation to bring this matter to a conclusion. You may avoid this action only by contacting this office within the next five calendar days. Sincerely MTQ Ja M. Ande on, III JMA/lbs