The appeal from the Board of Examiners by Marshall Jewelry is set for the Regular Council Meeting under Special Orders of the Day. This is an appeal from an Agency determination and according to section 2-20(u) of the Gillette City Code, "there shall be no trial de novo before the City Council and the hearing before the City Council shall be on the record as a whole as it was developed before the agency. " That means that the Council will not be presented with witnesses and documents, but will be able to read the record from the hearing held before a Hearing Examiner for the Board of Examiners, view the entire hearing and review all the orders. All the material admitted at the hearing is attached and was passed out to members of the Council at the Work Session on July 29, 2014. The Marshalls will present their argument to the Council during the Special Orders and Eric Acton from the Fire Department will present the argument of the Fire Department. According to the City Code, at the end of the argument, "the City Council may affirm or reverse the decision appealed from and may direct that the agency conduct further hearings." The hearing before the Board of Adjustment was held in the City Council chambers on the first floor of City Hall and was recorded just like Council meetings. It can be viewed by following this link to YouTube: https://www.youtube.com/watch?v=C_rKOc8QXlE |