Agenda 10/14/2008 Item # 6C0
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COLLIER COUNTY Page 1 of 4
OFFICE OF THE COUNTY MANAGER
3301 East Tamiarni Trail • Naples, Florida 34112 • (239) 252-8383 • FAX: (239) 252-4010
September 11, 2008
Clay C. Brooker, Esq.
Cheffy, Passidomo, Wilson & Johnson
821 Fifth Avenue South
Naples, FL 34102
Re: Public Petition Request to Discuss Delayed Improvements at Pine Ridge
Road/Whippoorwill Lane Intersection and Associated Fines
Dear Mr. Brooker
Please be advised that you are scheduled to appear before the Collier County Board of
Commissioners at the meeting of September 23, 2008 regarding the above referenced
subject.
Your petition to the Board of County Commissioners will be limited to ten minutes.
Please be advised that the Board will take no action on your petition at this meeting.
However, your petition may be placed on a future agenda for consideration at the
Board's discretion. If the subject matter is currently under litigation or is an on-going
Code Enforcement case, the Board will hear the item but will not discuss the item after it
has been presented. Therefore, your petition to the Board should be to advise them of
your concern and the need for action by the Board at a future meeting.
The meeting will begin at 9:00 a.m. in the Board's Chambers on the Third Floor of the W.
Harmon Turner Building (Building "F") of the government complex. Please arrange to be
present at this meeting and to respond to inquiries by Board members.
If you require any further information or assistance, please do not hesitate to contact this
office.
Sincerely,
James dd
rne.. ?5
County Manager
JVM/ib
cc: Jeffrey Klatzkow, County Attorney
Norman Feder, Transportation Services Administrator
-- SEP.10.2008 4:52PM
Reaugst to Speak under Public Petition
Please print
Name: Clay C. Brooker Esci on behalf of Naples Nissan
Address: 821 Fifth Avenue South, S ite 201
_ tles: Florida 34102
Phone: (239)261 -9_ 330
N0. 3UndCT311 No. 6C
4 October 14, 2008
Page 2 of 4
Date of the Board MwUng you wish to spgakt September 23, 2008
Must circle yes or no:
Is this subject matter under litigation at this time? Yes
is this subject matter an ongoing Code Enforcement case? Yes No
Note: If either answer is "yes", the Board will hear the Item but will have no
discussion regarding the item after it Is presented.
Please Mlain in detail the reason you are re-questing to speak (attach additional
page if necessary):
On May 13, 2008, the BCC voted to grant a temporary certifies of
occupancy for the new Napla Na issan building located at tho southwest
quadrant of the Pine Ridge Road I Whippoorwill Lane Intersection. One
condition of the BCC's action was th t Naples Nissan work dilinentl toward
completing the intersection improvements as quickly as possible. At that
time, Naples Nissans general contractor provided a -good faith estimated
construction completion date of early July 2008. As an incentive to complete
the Improvements on time, the BCC voted to Impose a fine of $1,000 per day
for every day oast July 15. 2008 that the construction is not substantiall
complete. Although Naples Nissan has worked diligently to complete the
construction. circumstances beyond its control (including change orders
issued to Naples Nissan, weather and utility company delays) prevented
Naples Nissan to complete the construction by the date initially estimated.
The revised estimated date of completion is September 19, 2008 (barring any
•
SEP.10.2006 4:52PM' p
N0. 341nd3•Itl No. 6C
further delays outside of Naples Nissan's control) A copy of the revisedotobPage 3 of a
_construction so hedule fa attached
Since the delays in completing construction wero beyond the control of
Naples Nissan it resoectfully requests that the BCC waive the $1,000 daily
fine discussed at the May 13 2008 hearing
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SEP 10, 20 08 4 : §2P¥ NO ]/Pg enaaAm No. SC
October 14, 2008
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