Los Alamos County Council Vice Chair Denise Derkacs, top left, Councilors David Izraelevitz and Sean Williams, Attorney Tony Ortiz, who will serve as the facilitator, advisor and council attorney during the upcoming hearing,  Attorney Phil Dabney, who represents Sirphey LLC, Los Alamos County Associate Attorney Kevin Powers, Councilors David Reagor and Melanee Hand participate in the special session Friday afternoon. Screenshot/LADP

By KIRSTEN LASKEY
Los Alamos Daily Post
kirsten@ladailypost.com

Los Alamos County Council approved 4-1, with Councilor Sean Williams opposed, the adoption of the notice of hearing and procedural order for appeal regarding Sirphey LLC vs. Michael Arrellano, setting March 22 as the date for the appeal hearing.

The motion was approved during a special session Friday afternoon. Council Chair Randall Ryti and Councilor Sara Scott recused themselves and did not participate in the meeting.

While he said that he personally didn’t see anything objectionable with approving the procedural order, Williams said he couldn’t support it without hearing objections to it.

Vice Chair Denise Derkacs clarified in an opening statement that the session’s purpose, was “solely to consider and adopt a notice of hearing and procedural order for appeal to govern the Sirphey LLC appeal to the County Council, and as the council is sitting as a appellate body in this special session, no public comment will be taken.”

She noted that there were revisions to the proposed procedural order, which included a designation of facilitator and related authority, limited pleadings or motions, and proposed findings of fact and conclusions of law.

Attorney Phil Dabney, who is representing Sirphey LLC, took issue with prohibiting public comment.

“I represent the appellant; I should be allowed to speak and provide my client’s input on this procedural order,” he said.

Attorney Kevin Powers, representing Arrellano and the County, objected.

Williams motioned that attorneys representing both sides be granted time to comment before a vote on the notice of hearing and procedural order was taken. Councilor David Reagor seconded although he made an amendment that each representative be limited to five minutes.

The motion failed to pass 2-3 with Derkacs in opposition along with Councilors David Izraelevitz and Melanee Hand.

Izraelevitz said that the appeal will go before council March 22 and that would be the appropriate time for full discussion of the item per the rules established by the procedural order.