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