Appeals Board Decision On Sirphey Stop Work Order Stands

Los Alamos Daily Post

After a second special Los Alamos County Council session, the Board of Appeal’s decision on the stop work order given to Sirphey, LLC at 813 Central Ave. stands.

The Council met tonight along with Los Alamos Attorney Phil Dabney, who represents Sirphey, and Los Alamos County Associate Attorney Katie Thwaits. Not in attendance were Council Chair Randall Ryti and Sara Scott, who recused themselves.

Two motions were made during tonight’s meeting. One was to sustain the findings and conclusions of the Board of Appeals’ Jan. 25 decision regarding the stop work order given to Sirphey. This motion failed to pass 3-1 with Councilor David Reagor opposed.

The second motion was to reject the appellant’s motion to reopen the Board of Appeals’ proceedings. This motion also failed to pass 3-1 with Reagor abstaining.

Council Vice Chair Denise Derkacs explained to the Los Alamos Daily Post after the meeting concluded that the County Charter requires four affirmative votes; as a result, the motions failed and the Board of Appeals’ decision stands.

Councilor David Izraelevitz and Derkacs voiced their support for the motion to sustain the board’s findings and conclusions.

“I believe the record shows that the panelists’ decision was not capricious or arbitrary,” Izraelevitz said.

Derkacs agreed saying, “Based on the criteria for evaluating the decision of the Board of Appeals, I conclude the board’s decision is fully supported by substantial evidence, it is not arbitrary or capricious and is supported by law.”

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