[Ord. No. 55-2003, 6-17-2003]
The harbor advisory committee shall consist of five members
and one alternate member, appointed by the City council. Each committee
member shall be a resident of the City.
[Ord. No. 55-2003, 6-17-2003]
The term of office of a member of the harbor advisory committee
shall be two years. The terms shall be overlapping so that in any
one year no more than three new members are appointed to the committee.
[Ord. No. 55-2003, 6-17-2003]
The harbor advisory committee shall annually choose one of its
members as chair and a different member as clerk. The clerk shall
keep a record of all proceedings and make a report at the close of
each year for inclusion in the annual report.
[Ord. No. 55-2003, 6-17-2003]
The members of the harbor advisory committee shall serve without
compensation.
[Ord. No. 55-2003, 6-17-2003; Ord. No. 3-2005, 7-20-2004]
The harbor advisory committee, under the general direction of the City council, shall advise the City manager and harbormaster as to the custody, care and management of the harbor and its facilities, not inconsistent with the duties of the harbormaster as set forth in City ordinance or by the Maine Revised Statutes, and shall hear appeals in such instances as provided in this article. The committee shall review and provide recommendations to the City planning board regarding shoreland permit applications for uses identified in section 82-31, including participation in the contract rezoning process identified in chapter 82, shoreland zoning, and chapter 102, zoning, article X, division 4.
[Ord. No. 55-2003, 6-17-2003; Ord. No. 9-2005, § B, 9-6-2005]
(a)
Any person aggrieved directly or indirectly by a decision, order, rule or act, or failure to act of the harbormaster under this article may appeal such decision, order, rule, act or failure to act to the harbor advisory committee. There is no right to appeal an award or failure to award an application and/or request for a concessions or occasional use contract pursuant to section 30-126. Said decisions of the City council are final. In deciding an appeal, the harbor committee shall hear and approve, or approve with modifications or conditions, or disapprove, the decision, order, rule, act or failure to act of the harbormaster from which the appeal is taken.
(b)
Such appeals shall be made in writing directed to the chairman of
the harbor advisory committee, which shall be received by the City
Clerk's office at City hall within five business days of the decision,
order, rule, act or failure to act of the harbormaster from which
the appeal is taken. It must state with specificity the decision,
order, rule, act or failure to act from which the appeal is taken
and the reason for the appeal. The appeal shall be considered by the
harbor advisory committee within 30 days of notification of appeal.
(c)
An appeal may be taken by any party from a decision of the harbor
advisory committee to the county superior court in accordance with
Rule 80B of the Maine Rules of Civil Procedure. The appeal to superior
court from the decision of the harbor advisory committee must be made
within 20 days.
