Agenda 09/23/2008 Item # 6AItem # 6A
September 23, 2008
Page 1 of 5
Public petition request by Clay C. Brooker to discuss delayed improvements at Pine Ridge
Road /Whippoorwill Lane intersection and associated fines.
Prepared By:
Department
County Manager's Office
Approved By:
Department Approval
County Approved
Manager's Office
ATTACHMENTS:
Date
9/11/20081:56:51 PM
Name: Description:
❑ Clay Brooker Public Petition
Reg4_estpdf Petition request and acknowledgment
Date
9/11/2008 2:42 PM
Type:
Petition
Item # 6A
September 23, 2008
COLLIER COUNTY Page Z of 5
OFFICE OF THE COUNTY MANAGER
3301 East Tamiami Trail • Naples, Florida 34112 • (239) 252 -8383 • FAX: (239) 252 -4010
September 11, 2008
Clay C. Brooker, Esq.
Chaffy, 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,
Jame
Mu a
County Manager
JVMrb
cc: Jeffrey Klatzkow, County Attorney
Norman Feder, Transportation Services Administrator
SEP. 10. 2008 4:52PM N0, 3703 Rte2n # 6A
September 23, 2008
Page 3 of 5
Reaugst to Speak under Public P
Please print
Address: 821 Fifth Avenue South Suke
L.•
If
Phone: (239) 26J-93 Q
pate of the u wish to speak, • September 23. 2008
Must circle yes or no:
Is thls 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.
On May 13 2008 the BCC Voted to grant a temporary
certificate of
occuoancv for the new Naples Nissan building located at the southwest
quadrant of the Pine Ridae Road I Whippoorwill
Lane
Iniersecdon._
One
condition of the BCC's action was
t Naples Nissan
work diligently toward
compeeti a the Intersection improvements
as quickly
as possible.
At that
time Naples Nissan's eneral 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 past July 16 2008 that the construction
is not substantially
complete Althouah Naples Nissan has
worked diligently
to complete
the
construction circumstances beyond
Its control (including change order:
issued to Naples Nissan weather and
utility company
delays) prevented
Naples Nissan to complete the construction
by the
date initially estimated.
The revised eadmeted date of completion
is September
19, 2008 (barrina
any
SEP.10.2008 4:52PM
N0.3)03
further delays OutsWO of Navies N n's control). A copy of the revised
constructions hedule is attached,
Since the delays in completing construction were beyond the control of
Naples Nissan, it resaectfuily reauests that the BCC waive the $1.000 dally
fine discussed at the May 13. 2006 hearing
Mein # 6A
September 23, 2008
Page 4 of 5
SEP.90.2008 4:52PM
�g
w
N0. 3703 Rtejn # 6A
September 23, 2008
Page 5 of 5
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