Ordinance 81-54ORDINANCE NO. 81-54
AN EMI'iRGENCY ORDINANCE AMENDING ORDINANCE NO. 75-16
BY PROVIDING PROCEDURES FOR TIlE RECON$IDEIL4TION OF
CERTAIN I~.TTEI{S BY THE HOARD OF COU.NTY CO.~LM!SSIOblERS;
ESTABLISHING A I'I{OCEDURE TIIEREFOR; PROVIDING AN
EFFECTIVE DATE.
BE IT ORDAINED BY THE BOARD OF COUNTY COM}IISSIONERS OF
COLLIER COUNTY, FLORIDA that:
SECTION ONE:
SECTION ONE of Ordinance No. 75-16 is hereby amended by
adding a Paragraph 6 to read as follows:
6. Reconsideration of Matters Gene',ally.
a. Any matter which has been voted upon by the
Board of County Commissionel:s may be reconsidered
as follows:
(1) By a motion to reconsider roads
by a member who vo~cd with the majority if such
motion is made prior to the adjournment of the
meeting at wi.ich thc matter was voted upon,
(2) By a motion to reconsider made
by a membar who voted with the majority if such
mo~ion is {,,ado at a regular ,,echoing subsequent
to the meetln~ at which the ma,'ter w;:n voted
upon, bug only in accor0ance with Ehe procedures
sec forth t.n ~ubparograpllu b. throt'3h e. below.
b. l~)ere a member wtsbos the ~oard to racnn~ider
a m~',ttew after the adjournmcnt of the meetfl]g at which
J t was voted on, the member shall deliver to the County
l'(annEer a wricten memorandum statin3 that tho mol:,ber
intends to introduce a ~tion to reconsider. The
memorandum shall state th~ dat~ of the regular meeting
at which the membmr intends co introduce such motion.
a~ shall b~:deliv~:'ed to the Man,agar at least ai~(6')
daxs pr~=,~6 such meeting. ~e purpose of this ~quir~
:f~Um~dt is'to allow the staff to advise the Board of~
' the legal or other ramifications of r~consideratio~.
~' c.r2 U~On adoption of a ~tlon to r~con~idor, ~e
County Manager shall place the item on tho agenda for
the second regular meeting following the meeting at
which' the motion was adopted.
d. No motion to reconsider shall be made more
than 30 days following the Board'~ vote on the matter
sought Co b~ reconsidered.
e. This paragraph shall apply to any matters
which may lawfully be reconsidered cxcmp~ those matters
which are covered by paragraph ~ below.
SECTION TWO:
SECTION ONE, of Ordinance No. 75-16 is hereby amended
by adding a Paragraph 7 to read ~s follows:
6. ;'ee,,nsider~':~.on ~f Zov!,~ and Co~,~reh~n~ve P~an
a. ~J~f 'bi~. ~is paragraph applies ag
(1) To situct:;ons in which ~Lu Board cf
County Co,...7r:ei~n, rs ha~.~ denied a reqv:st to change the
land u~;a des~gnr~].on of e parcel of land pursuan~ to
the Comprchcnsiva Land U::a Plan or %there the Board of
County Co:r~i~:sicm~rs ha~ denied a p~opo::ed pc~itio~ to
chan~;e the zoni~g cla~sifica~ion on a parcel of lantl. A
reqvcst fo~t reconsidcrat.'on mg:y be re, de only by the
petitioner, only ~:herc the petition had rc, ceivcd recom..
mendat'~;ons of opproval from both ~taff and all c, ppro-
priate advit:ory boards, and only in accordance with the
procedures provided herein.
(2) To all ~ituation~ in which the Board
of County Co~i~0ioner~, acting in a quasi Judicial
capacity, has denied a l~.cenae, pe~it, or other approval
where the ~taff and all advisory boardn an appropriate
' haw: reco~ended approval.
b. ~eques~ for Reconsideration. ~e petlgion~r
shall reque~ r~cons~deration of his po~ition in writing
to th~ County Manager within %5 days of the date of the
Board's action denying the original petition. This
request shall be Jurisdictional, and no motion for
reconsideration may bo~made by any member of the Bo,rd
where such a request was untimely except as provided in
subparagraph h. below.
c. Motion for Reconsideration. Any member of
the Board who voted with tho majority (or in tho case of a
rezoning, voted against) on the original petition may move
for a reconsid~ratton of the petition at any regular
meeting of the Board within i5 days from the date of the
request for reconsideration. Thi~ motion shall be made
during thnt portion of the Board's agenda entitled "Board of
County Col~nissioners' Report". If no mo~ion for reconsiddra-
~ion in m~de during thio t~.me period, the request ~hall be
deemed d~nied, ~o motion may specify a da~e cawtain upon
which the petition will be reconsidcrmd, bu~ in no event
~hall s~'h ;.'cco~idc:ratlon taka place lc~:~. ~han
nor more titan 30 da),~ from th~ date ~he ~,,otion i~ adopted.
d. Act[on on Mo~"~on for ~-co~sid~.w:,tion,
Board ghall either ac~ on the ~',otion' for Racon[ideration at
the meeting at whi,.h ~uch moti~m i~ made, or may table the
motion for no long~r tb:~n the nc~:t :'egt~l~r m~ct~ng of the
Board. If th~ motion in n~.t flna]!y acted upon by the
adjc',,:'n:,~..n~ of the next regular mceti.g of the Bogrd after
thc motion h~/: bean made, it shall be d;,emed to have b.,en
dcn~ ed.
e. Schcd~ of Petition for Rncon=iderat]on.
If the motion for reconsideration is granted, the County
Hanager shall ~chedule the petition on th~ agenda for
the regular Board meeting which was ~pecified in the
~tion for reconsideration, or if no dat~ is specified
then on th~ 4th regular Board meeting following the
meeting a~ which th~ ~tion t~ granted.
f. No Hearing or Debat~ on Motion.
A ~tton for recons~deration ~hall no~ requlr~ public
h.aring, and neither tho potttioner nor any other p~rson
.hall haw th~ right to address th~ Board consid~rlng
013
the merits of ~uch a motion, llowever, the Board may request
information of the petitioner, the staff, or any other
person in order to better inform itself prior to acting
upon the motion. The purpose of this provision is to
prevent either the petitioner or any other person from
debating the merits of the petition prior to t.t, full
consideration at a regularly scheduled Board meeting
wh'ere the petition is reconsidered.
g. The procedures outlined herein shall not con-
stitute an administrative remedy, and the defense of
failure to exhaust administrative remedies shall not
be raised if a peti~ioner declines to utilize these
procedures and instead elects to pursue Judicial remedies
following the denial of the petition. Further, Uhe time
period for seeking Judicial relief following denial of
those matters contemplated by subparagraph a. (2) above shall
run from the time the Boa~'d vetch on su,~h matte~', and a
mot:ion hereunder shrll not niter such time period.
h. llecc~ns~rleration of Petition.-, R~.centiy'Denl(:d.
In rcco&nition of the fact that several I,etltions for
which this paragraph would bu applicable have recently
been denied by the Board, and in recognition of the
fact that the reconsJ, deration of some of these peti-
tions may be meritorious and in the public interest,
it is hereby declared that the provis~ons of subparagraph
b. above are hereby waived for any petitions otherwise
entitled to reconsideration which have been denied by
the Board subsequent to }4ay 1, 1981 and prior to the
effective date of this ord4. nance, In lieu of the
requirements of subparagraph b., petitioners who are
otherwise eligible for reconsidcra~ion ;,~ay request
reconsideration in writing no later than 15 days
following the adoption of this Ordinance. ,i,:~
SECTION ~{REE: Declaration of Emergency and £ffe.c..tiv~ '">,i
This Board does hereby declare tha~ an emergency exists and "~"~'
013
that ix~nediate enactment of this Ordinance i~ necessary, and by
no lc~s than four-fifths (4/Sths) vote of the membership of the
Board does hereby waive notice of intent to consider this Ordinance.
A certified copy of this Ordinance, as enacted, shall be
filed by the Clerk of the Board with the Department of State of
the State of Florida, as soon after enactment as ia practicable
by depositing the same with the postal authorities of the govern-
ment of the United States for special delivery by certified mail,
postage prepaid, to the Florida DePartment of State.
This Ordinance shall become effective upon becoming law.
PASSED A[;D DULY ADOPTED by the Board of County Commissioners
of Collier County, Florida, this 29th day of September, 1981.
ATTEST: BOARD OF COUMTY COI*~ISSIO~;ERS
W1L.L.I/,M J. REACAN, Clerk COLLIER COUNTY, FLORIDA
' "'. ' . Loui'se 'Chesonin, D.C. By: ~, ~ ~' ' ~.~7
-. ~ '~,...'..~j'~ / /
'. ., ~ .~ , ..., . p .' ~
Donatd A? l'~ckwotZch
Collier County Atkorney
STATE OF FLORIDA )
COUNTY OF COLLIER )
I, WILLIAH J. }~EAGAN, CLERK OF COURTS IN AND FOR THE ~ENTIETH
JUDICIAL CIRCUIT, COI,LIER COUNTY, FLORIDA, DO HEREBY CERTIFY THAT
THE FOREGOING IS A TRUE ORIGINAL OF:
ORDINANCE NO. 81-54
WHICH WAS ADOPTED BY TIIE BOARD OF COUNTY COMMISSIONERS DURING REGULAR
SESSION SEPTEMBER 29, 1981.
WITN;:SS MY HAND AND THE OFFICIAL SEAL OF'THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, THIS 29th DAY OF SEPTEMBER,
1981.
.WILLIAM J. RR. AGAN
Clerk of Courts and Clegk-'.u,':.~,,$
Ex-officio to Board
County Commissionors ~'." c.:: .... ". "~
-. .~.; . %,-
BY:
"~ Che.'onis, :0~ .r~ty..,Clo.~k;: ~.
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, r~0 g~., .
This ordinance flied with the Secretary of State'~
Office the 5th day of October, 198I and acknowled~
of that filing received thi= 8th day of October
Louise Chesonls, Deputy Clerk