Item O12
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: January 28. 2009
Rescue
Division: _County Attorney's Office on Behalf of Fire
Bulk Item: Yes --X- No
Department:
Staff Contact PersonfPhone #:_Suzanne Hutton x 3473
AGENDA ITEM WORDING:
Approval of assignment of Certificate of Destruction to Florida Keys Towing, and authorization for
County Administrator to execute the assignment.
ITEM BACKGROUND:
Fire Rescue prepared paperwork & submitted to the Property Clerk to dispose of Fire Engine 26 (VIN
IFV6LCB3PL476133). The BOCC approved removal from inventory & disposal 12/19/2007. Fire
Rescue had the vehicle towed with direction to Florida Keys Towing that it was for destruction. The
towing company then sold it to Firehouse 66, a Georgia company, which refurbished it and sold it to a
fire rescue agency in Iowa instead of using its parts to refurbish another fire engine. At no time in this
process did the County sign over the certificate of destruction to anybody. S. 713.78(11), F.S.,
provides for the certificate of destruction to accompany the vehicle as it exchanges hands. The County,
only being in privity with the towing company, should have previously assigned the certificate of
destruction to the towing company, which should have assigned same to the company to which the fire
engine was transferred.
PREVIOUS RELEVANT HOCC ACTION:
12/19/07 approval of removal from inventory & disposal.
CONTRACT/AGREEMENT CHANGES:
STAFF RECOMMENDATIONS:
Approval
TOTAL COST:
o
INDIRECT COST: 0
BUDGETED: Yes __No
COST TO COUNTY:
SOURCE OF FUNDS:
REVENUE PRODUCING: Yes
AMOUNTPERMONTH_ Year
No
APPROVED BY: County Atty --X- OMB/Purchasing _ Risk Management_
DOCUMENTATION:
Included
Not Required_
DISPOSITION:
AGENDA ITEM #
Revised 1/09
r~'~"'-"""-'
OK'!~ErY ~O~~~~E
(305) 294-4641
Suzanne A. Hutton, County Attorney**
Robert B. Shillinger, Chief Assistant County Attorney **
Pedro J. Mercado, Assistant County Attorney
Susan M. Grimsley, Assistant County Attorney *"
Natileene W. Cassel, Assistant County Attorney
Cynthia L. Hall, Assistant County Attorney
Christine Limbert-Barrows, Assistant County Attorney
Derek V. Howard, Assistant County Attorney
** Board Certified in City, County & Local Gov!. Law
January 9, 2009
Ty Hubbard
Firehouse 66, Inc.
Rte. 2, Box 301
Townsend, Ga. 31331
RE: Fire Engine VIN IFV6JLCB3PL476133
Dear Mr. Hubbard:
BOARD OF COUNTY COMMISSiONERS
Mayor George Neugent, District 2
Mayor Pro Tem Sylvia J. Murphy, District 5
Kim Wigington, District 1
Heather Carruthers, District 3
Mario Di Gennaro, District 4
Office ofthe County Attorney
1111121h Street, Suite 408
Key West, FL 33040
(305) 292.3470 - Phone
(305) 292-3516 - Fax
I have ascertained that the only thing the County can do at this point in time is to assign the certificate
of destruction to the towing company, which is the only entity with which the county has been in
privity in this matter. The County Commission meets on January 28, 2009, and I have to obtain
authorization for the certificate to be executed at that time.
I have relayed this information to your attorney, Mr. Nelson, as well as stated I would speak with the
tow company operator about assigning that certificate of destruction to you when he receives it. I
have had that conversation with Mr. Pruitt and explained that it will be some time in February when
the certificate is actually executed and delivered to him.
Cc: Wm. Pruitt