PROCEDURES AND STANDARDS FOR TOWN COUNCIL REVIEW OF APPEALS FROM DECISIONS OF THE JAMESTOWN HARBOR MANAGEMENT COMMISSION

(Approved by the Jamestown Town Council June 11, 2001)

The Town Council for the Town of Jamestown adopts the following standards and procedures for hearing and deciding appeals from decisions of the Jamestown Harbor Management Commission pursuant to Section 7 of the Jamestown Harbor Management Ordinance:

1. Upon the timely filing of an appeal by any person aggrieved by a decision of the Harbor Management Commission, made pursuant to Section 7(g) of the Jamestown Harbor Management Ordinance, the Town Clerk shall compile and forward a complete record of the proceedings concerning that decision and forward the record to the Town Council. The Town Clerk also shall place the appeal on the Town Council Agenda and send notice to the Appellant, to the Harbormaster, and to the Chairperson of the Harbor Management Commission. The notice shall specify the date, time and place that the appeal will be heard by the Town Council and shall include a copy of these standards and procedures for review.

2. At the hearing on the appeal, the Town Council will not substitute its judgment for that of the Jamestown Harbor Management Commission as to the weight of the evidence on questions of fact. The Town Council may affirm the decision of the Jamestown Harbor Management Commission or remand the matter for further proceedings by the Commission, or it may reverse or modify the decision if, by majority vote, the Town Council finds that substantial rights of the appellant have been prejudiced because the findings, inferences, conclusions, or decisions of the Jamestown Harbor Management Commission are:

            (1) In violation of constitutional or statutory provisions;

            (2) In excess of the authority of the        Jamestown Harbor Management Commission as granted it by ordinance or statute;

            (3) Made upon unlawful procedure;

            (4) Affected by other error of law;

            (5)        Clearly erroneous in view of the reliable, probative and substantial evidence on the whole record, or

            (6) Arbitrary or capricious or characterized by abuse of discretion or clearly unwarranted exercise of discretion.

3. At the hearing, the appellant will be given an opportunity to address the Town Council and set forth the reasons, under the aforementioned standards, why the appeal should be sustained. The Harbormaster and/or a representative of the Harbor Management Commission also should be allowed to address the Council to explain why the decision should be affirmed. The purpose of addressing the Town Council is to assist the Council in determining whether or not the decision of the Commission should be affirmed, reversed, modified or remanded and the appeal hearing is not to be a de novo hearing, evidentiary proceeding or general discussion of the Town's harbor management programs.

4. The Town Council will set forth in its motion affirming, reversing, modifying, remanding, or ordering other relief the grounds, terms, and or conditions upon which the motion is based.

5. The Town Clerk will mail a copy of the decision of the Town Council, as recorded in the minutes of the meeting, to the appellant, the Harbormaster, and the Chairperson of the Harbor Management Commission.