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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;: ~. "5": . . ..", · ,.,,;:......~.,.:.[~.<.~..' , 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