Agenda 03/27/2012 Item #17CProposed Agenda Changes
Board of County Commissioners Meeting
March 27, 2012
Page 2
Move Item 16G3 to Item 14A3: Recommendation to approve the submittal of a grant
application to the Federal Aviation Administration in the amount of $725,000, subject to
change based on RFP results, for the design and bid of the restoration of Runway 9 -27 at the
Immokalee Regional Airport. (Commissioner Hiller's request)
Move Item 17C to Item 9A: Recommendation to adopt an
ordinance amending Ordinance No. 75 -16, as amended, as it
relates to procedures for reconsideration of agenda items.
(Commissioner Hiller's request)
Time Certain Items:
Item 11F to be heard at 10:00 a.m.
Item 5A to be heard at 11:00 a.m.
Item 11M to be heard at 11:30 a.m.
Item 11K to be heard at 1:05 p.m.
Item 14132 to be heard at 1:15 p.m.
Items 14133 and 14134 to be heard immediately after Item 14132
Note:
Item 16D6 Recommendations uortion of the Executive Summary should read: The Parks
and Recreation Advisory Board reviewed and approved the proposed fees at its March
204--1 March 21.2012 meeting.
Commissioners will be attending lunch with the Know Your County Government Teen
Citizenship Program at the East Naples United Methodist Church from 12:00 to 1:00 p.m.
3/27/2012 8:30 AM
3/27/2012 Item 17.C.
EXECUTIVE SUMMARY
Recommendation to adopt an ordinance amending Ordinance No. 75 -16, as amended, as it
relates to procedures for reconsideration of agenda items.
OBJECTIVE: To bring back the Immokalee Area Master Plan Amendment for rehearing by
the Board, which will first require amending the Board's reconsideration procedure.
CONSIDERATIONS: The relevant portion of Ordinance No. 75 -16, as amended, is codified in
the Code of Laws and Ordinances as Section 2 -42 — Reconsideration of land use matters. The
Ordinance presently provides that for reconsideration of denials of land use matters, a request for
reconsideration may be made only by the petitioner, which request must be made to the County
Manager no later than 15 days from the date of the Board's action denying the original petition.
The request is jurisdictional, and no motion for reconsideration may be made by any member of
the Board where such a request by the petitioner was untimely. The present ordinance further
provides that any member of the Board who voted with the majority (or in the case of a rezoning
or change in land use designation, voted against) on the original action or petition may move for
a reconsideration of the action or petition at any regular meeting of the Board within 15 days of
the date of the request for reconsideration.
The proposed amendment is limited to those situations where State or Federal submission and /or
approval schedules pertaining to the petition are extended within 6 months following the denial
of the original petition. The petitioner would initiate the process by a request for reconsideration
by Public Petition. At the conclusion of the Public Petition, the Board would first vote on
whether the facts and circumstances presented by the petitioner warrant the extension of
petitioner's time to request reconsideration. If so, on a second motion made by any
Commissioner, the Board by majority vote would then schedule a date certain on which the
action or petition will be reconsidered, which would take place no less than 14 days nor more
than 45 days from the date the motion is adopted.
This Executive Summary is being presented based upon Board direction from the February 28,
2012 meeting. At its March 13, 2012 regular meeting (Item 16 -K -1), the Board authorized
advertisement of the proposed ordinance for future consideration. The proposed Ordinance
specifically applies to all land use petitions that were denied after December 1, 2011.
FISCAL IMPACT: Approximately $250 for costs of advertising.
GROWTH MANAGEMENT IMPACT: None.
RECOMMENDATION: That the Board of County Commissioners adopts the attached
ordinance amending Ordinance No.75 -16, as amended, in order to revise procedures relating to
requests for reconsideration made by petitioners.
PREPARED BY: Jeffrey A. Klatzkow, County Attorney
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3/27/2012 Item 17.C.
COLLIER COUNTY
Board of County Commissioners
Item Number: 17.C.
Item Summary: Recommendation to adopt an ordinance amending Ordinance No. 75 -16,
as amended, as it relates to procedures for reconsideration of agenda items.
Meeting Date: 3/27/2012
Prepared By
Name: CrotteauKathynell
Title: Legal Secretary,County Attorney
3/15/2012 10:02:00 AM
Approved By
Name: GreenwaldRandy
Title: Management/Budget Analyst,Office of Management & B
Date: 3/15/2012 3:06:14 PM
Name: KlatzkowJeff
Title: County Attorney
Date: 3/16/2012 2:10:04 PM
Name: OchsLeo
Title: County Manager
Date: 3/19/2012 1:48:31 PM
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3/27/2012 Item 17.C.
ORDINANCE NO. 2012 -
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 75-16, AS
AMENDED, IN ORDER TO REVISE PROCEDURES FOR
RECONSIDERATION OF LAND USE MATTERS; PROVIDING FOR
CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN
THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, on April 22, 1975, the Board of County Commissioners (Board) adopted
Ordinance No. 75 -16 which established the time, place and conduct of its meetings; and
WHEREAS, subsequent amendments to Ordinance No. 75 -16 reflect the evolving
practices and procedures relating to the meetings of the Board of County Commissioners; and
WHEREAS, the Board desires to amend Ordinance No. 75 -16, as amended, as it relates to
a request for reconsideration by a petitioner.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE: AMENDMENT TO SECTION ONE OF ORDINANCE NO. 75 -16, AS
AMENDED.
Section One is hereby amended as follows:
7. Reconsideration of land use matters
a. Applicability. Any matter in which the Board of County Commissioners or Board
of Zoning Appeals, as the case may be, has denied a request to change the land use designation of
a parcel of land, a request for site specific rezone initiated by a petitioner or his or her agent,
variance, conditional use, license, permit or other land use - related request.
b Request for Reconsideration by Petitioner. A request for reconsideration may be
made only by the petitioner. The petitioner may request reconsideration of a petition in writing to
the County Manager no later than 15 days from the date of the Board's action denying the original
petition. Except as provided below, Tthis request shall be jurisdictional, and no motion for
reconsideration may be made by any member of the Board where such a request was untimely. If
State or Federal submission and/or approval schedules pertaining to the petition are extended
within 6 months following the denial of the original petition upon Public Petition initiated by the
petitioner, the Board may extend petitioner's request for reconsideration by majority vote and on a
second motion made by any Commissioner, place the issue of reconsideration for a date certain on
which the action or petition will be reconsidered but in no event shall such reconsideration take
place less than 14 days nor more than 45 days from the date the motion to reconsider is adopted
Underlined text is added; Stfuslc thr-eugh text is deleted
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3/27/2012 Item 17.C.
C. Motion for reconsideration by a Board member who voted in the majority. Any
member of the Board who voted with the majority (or in the case of a rezoning or change in land
use designation, voted against) on the original action or petition may move for a reconsideration of
the action or petition at any regular meeting of the Board within 15 days of the date of the request
for reconsideration. If no regular meeting of the Board occurs within 15 days of the request for
reconsideration, the Board member may move for a reconsideration of the action or petition no
later than the first meeting of the Board that follows the County Manager's receipt of the request
for consideration. This motion shall be made during that portion of the Board's agenda entitled
"Board of County Commissioners." If no motion for reconsideration is made during this time
period, the request shall be deemed denied. The motion may specify a date certain on which the
action or petition will be reconsidered, but in no event shall such reconsideration take place less
than 14 days nor more than 45 days from the date the motion to reconsider is adopted.
SECTION TWO: CONFLICT AND SEVERABILITY.
In the event this Ordinance conflicts with any other ordinance of Collier County or other
applicable law, the more restrictive shall apply. If any phrase or portion of the Ordinance is held
invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a
separate, distinct and independent provision and such holding shall not affect the validity of the
remaining portion.
SECTION THREE: INCLUSION IN THE CODE OF LAWS AND ORDINANCES.
The provisions of this Ordinance shall become and be made a part of the Code of Laws and
Ordinances of Collier County, Florida. The sections of the Ordinances may be renumbered or
relettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or
any other appropriate word.
SECTION FOUR: EFFECTIVE DATE.
This Ordinance shall be effective upon filing with the Department of State, and shall apply
to all land use petitions that were denied after December 1, 2011.
Underlined text is added, StFuek thFeueh text is deleted
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3/27/2012 Item 17.C.
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PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this day of , 2012.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA
By: By.
Deputy Clerk FRED W. COYLE, CHAIRMAN
to form
and
Jeffr* A. Klatzkow
Underlined text is added; Sauek4lifeueh text is deleted
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3/27/2012 Item 17.C.
NAPLES DAILY MEWS :(t Friday, March 16,2012,K23D
k
• • • 17111
NOTICE OF INTENT TO CONSIDER ORDINANCE '
Notice is hereby given that on March 27, 2012, in the Boardroom, 3rd Floor,
Administration Building, Collier County Government Center;. -3299 East Tamiami
Trail, Naples, Florida, the Board of County Commissioners will - consider the
enactment of a Count y Ordinance, The meeting will commence at 9:00 A.M. The
title of the proposed Ordinance is as follows:
AN .ORDINANCE OF THE BOARD COUNTY COMMISSIONERS OF COLLIER
COUNTY, FLORIDA, AMENDING ORDINANCE NO. 75 -16, AS AMENDED, IN ORDER
TO REVISE .PROCEDURES, . FOR RECONSIDERATION - OF LAND. USE MATTERS;
PROVIDING FOR CONFLICT AND `SEVERABILITY; PROVIDING FOR INCLUSION IN THE
CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE.
Copies of the proposed Ordinance are on file with the Clerk to the Board and are
available for inspection., All interested parties are invited to attend and be'heard.
NOTE: All persons wishing to speak on any • agenda item must register with 'the
County:: administrator prior to presentation of the agenda ; item to be addressed.
Individual speakers will be limited to 3 minutes on any item. The selection of an
individual to speak on behalf of an organisation or group is encouraged. If
recognized by the Chairman, a spokesperson for a group or organization may be
allotted 10 minutes to speak on an item.
Pe.rsgns wishing to have written or graphic materials included in the Board agenda
packets must submit. said material a minimum of 3 weeks prior' to the respective
public. hearing: In any case, written. materials intended. to be considered' by the
Board shall. be submitted to the appropriate County staff .a minimum of seven days
prior'to the public hearing. All material used in presentations before the'pard
will become a permanent part of the record.
Any person . who decides to appeal a,decision of the Board will need a record of the
proceedin s. pertaining thereto and therefore, may need to ensure that a verbatim
record o? the Proceedings is" made, : which ` record includes the testimony' and
evidence upon.which the appeal is based.
if you are a . person with a disability who needs any accommodation in order to.
participate in ;this proceeding, 'you are entitled, at no cost' to you to the provision
of certain assistance:' Please Contact the Collier County Facilities Management
pepartment,. located at 3335 Tamiami Trail East, Suite 101, Naples; ,..Fiofida
34112 -5356, (234) '252 -6380, . at least two days prior _ to the meettrig: of listening devices for the hearing impaired are available in the Board of County
Commissioners' Office. .
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA ,
FRED W. COYLE, CHAIRMAN
DWIGHT EA ROCK, CLERK
By: Martha Vergara, Deputy Clerk, ,
(SEAL)
March 1'6- 2012 ti„ �oens�o
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