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Agenda 05/13/2008 Item # 6B Agenda Item No, 68 May 13, 2008 Page 1 of 3 COlliER COUNIY MANAGER'S OFFICE 3301 East Tamiami Trail' Naples, Florida 34111 . (239) 774-8383 . FAX (239) 774-4010 May 1, 2008 Clay C, Brooker. Esq, Cheffy Passidomo Wilson & Johnson. LLP 821 Fifth Avenue South. Suite #201 Naples. FL 34102 Re: Public Petition Request to Discuss Temporary Certificate of Occupancy for Naples Nissan Building Located at Pine Ridge RoadlWhippoorwill Lane Dear Mr, Brooker Please be advised that you are scheduled to appear before the Collier County Board of Commissioners at the meeting of May 13, 2008, regarding the above referenced subject. -- Your petition to the Board of County Commissioners will be limited to ten minutes, Please be adyised 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 Tumer Building (Building "F") of the govemment 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, 'ncerely, V~// James V, ~~ County Manager JVM/jb cc: Jeffrey Klatzkow. County Attomey Joseph Schmitt, CD&ES Administrator Norman Feder. Transportation Services Administrator. Agenda Item No, 68 May 13. 2008 Page 2 of 3 ReQuest to Soeak under Public Petition Please print Name: Clav C, Brooker. ESQ" on behalf of Naoles Nissan Address: 821 Fifth Ayenue South. Suite 201 Naoles. Florida 34102 Phone: (239) 261-9300 Date of the Board MeetinQ YOU wish to soeak: May 13. 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 @ 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 exolain in detail the reason vou are reauestinQ to soeak (attach additional oaoe if necessary): The new Naoles Nissan buildinQ located at the southwest Quadrant of the Pine Ridae Road I Whippoorwill Lane intersection is completed. and work on intersection improyements is underway. County transportation staff will not release a PERMANENT certificate of occupancy for the buildinQ until the intersection Improvements are complete. For various reasons (includino utilities issues and County transportation's stated desire to postpone intersection work until after season). the intersection improvements haye not yet been completed. Howeyer. Naples Nissan has already obtained the riaht. of-way permit. commenced the construction. and is willino to post a bond to Quarantee completion of the work as Quickly as possible. AccordinQ to a oood faith construction schedule estimate. the intersection improyements will be completed by early July 2008. In the meantime. Naples Nissan stands to lose approximately $10.000 for eyerv day (includinQ weekends) it Is not permitted to OCCUpy its new buildino. Agenda Item No, 68 May 13, 2008 Page 3 of 3 Please explain in dalai/the action YOU are askinc the Commission to take lattach additional pace if necessary): Naples Nissan therefore reauests that the BCC authorize COES {and County transportation I to immediately Issue a TEMPORARY certificate ofoccupancv for the buildinQ as lonQ as the followina conditions are satisfied: 111 proof of a construction contract, with a local approved contractor. to complete the intersection improyements. (21 postinQ of a bond for the estimated total cost of the intersection improvements. and 131 dlliaent work toward completina the intersection improyements as auickly as possible. with a aood faith estimated construction completion date of early July 2008. We are adYised that County transportation supports this request.