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  1. Our county held a first and second reading for a rezoning request in January. At the second reading there was a motion and second to rezone the property, and the vote was 3 in favor, 4 against. Our county has a 12 month moratorium on requesting a rezone the same parcel, and the type of zoning (PDD) will not exist after the 12 month moratorium, so we assumed the property would not be rezoned PDD. Now our county has an interest in rezoning the property before the 12 months is complete (developer donating some land), and the county decided to bring back the rezoning request by rescinding the vote that was made at second reading in January. From everything I can see in Robert's rules it looks like the motion to rescind is designated for motions that were approved. There is one section of Robert's rules (newly revised 11th) states that the motion to Rescind or to Amend Something Previously Adopted can be applied only to a motion on which the vote was affirmative. I asked our county attorney about this and I received the following response. **************** "Your error with the language on page 78 of Robert's is your interpretation of the word "affirmative". Affirmative should not be read to mean "passed favorably" in the context of that sentence. "Affirmative" should be read to mean "passed by a majority of the body". Whether the majority favorably passed the motion or denied the motion, the vote was by the majority." *************** End quote he then references page 305 where it talks about using this meaning of affirmative when reading sentences which state that motions to rescind apply to adopted motions. As far as I can tell, an adopted motion is a motion where there are enough positive votes for the needed majority. Are they out of order by rescinding a failed vote on a motion? The county attorney has a law degree and I don't, but it seems like you wouldn't need to rescind motions which failed usually because you should be able to just place them on the agenda again at a later date. Thanks,
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