American Iron and Metal Co., Inc., won its first appeal victory last night when the Valencia County Commission voted against a request to delay a public hearing on an appeal of the company’s proposed metal recycling plant.

The plant is proposed to be built in the Rio Grande Industrial Park south of Rio Communities.

Because the director of the county’s planning and zoning department resigned during the scheduling of the public hearing, the county decided to postpone the public hearing from its original date of June 10. County Manager Eric Zamora has said he wanted the county to be able to provide adequate notice of the hearing to interested parties.

On June 9, Joe Rizzo, one of the two appellants asking the commission to review the planning and zoning commission’s approval of the preliminary site plan, requested by letter that the county delay the hearing again because he would be in New York on July 8, the rescheduled date. He requested a continuance be granted, with a hearing scheduled sometime after August 15, once he has returned from his planned trip.

“I am not knowledgeable about the technical facts that are important to this appeal,” said Alice Torwirt, one of the two appellants, told the commission. She further explained that Rizzo, “having previously served on the planning and zoning board, understands and can explain the legal description of the Valencia County Planning and Zoning ordinances” relevant to their appeal.

Despite that, by a vote of 3 to 1 the commission denied Rizzo’s request. Commissioners Pedro Rael, Don Holliday and David Medina voted for the denial. Commissioner Ron Gentry voted against the denial. Commissioner Georgia Otero-Kirkham, who participated in the meeting by speaker phone, recused herself.

“I’m really disappointed, because I feel they would really want to hear the appeal from the two people that instituted that appeal,” said Norma Law, who spoke at the commission meeting on behalf of the “extremely knowledgeable” Rizzo. “I can’t believe that they would just dismiss him altogether.”

The debate over the issue was an onslaught typical of controversial topics that come before the commission. During the meeting, the attorney for American Iron and Metal accused both Gentry and Otero-Kirkham of having conflicts of interest.

“Without meaning to insult anybody on the commission, I believe there may be two commissioners — this is a quasi-judicial hearing — that have a potential conflict that may disqualify them from voting in even a continuance,” said Larry Guggino, the attorney.

Otero-Kirkham, who operates a title company, said she has had past financial dealings with realtors who have sold property at the industrial park.

“I don’t have a problem recusing myself. I have not closed that transaction,” she said of the sale of land in the industrial park to American Iron and Metal. “Obviously I have done business with the sellers before on other issues that did not come before the commission. But I do not want to cause a problem, so I will recuse myself.”

“Alright, there’s one down,” Rael quipped.

“You’re not going to get the second one that easy,” Gentry responded, saying Guggino was essentially trying to pick off votes potentially in opposition to his client and the metal recycling plant.

Gentry, who owns property near the industrial park and has spoken against the plant, said he will see no financial benefit or harm from the proposed metal recycling plant, but is concerned about it both as a nearby property owner and a commissioner representing his district and constituents.

He then accused Rael and his former law firm with James L. Sanchez of having represented the industrial park in the past, resulting in a “previous financial conflict of interest.” Rael rebutted Gentry, saying he has never represented the metal recycling plant or been “involved in any properties in that part of the county.”

Rael called Gentry’s participation in the vote “clearly a conflict of interest.” He made the motion of denial, indicating he would vote against the continuance because he believed only Gentry, as the owner of property adjacent to the industrial park, has standing to file an appeal, even though the planning and zoning department accepted the appeal from Rizzo and Torwirt.

“I don’t know the reason why we’re holding up these businessmen. It’s clear it’s I-3 property,” Holliday said of the Rio Grande Industrial Park’s industrial zoning. “That’s what its intentions are for. I’m sure these guys will do a top-notch recycling plant out there and help employ 50 people.”

Medina was silent.

Gentry argued that the two appellants should be allowed to both have their day when they can make their case, as a part of “due process.”

By the time the 3-to-1 vote came around, Otero-Kirkham was the only commissioner to opt for recusal, with Gentry and Rael refusing to do so.

This page was published on July 2, 2009 at 12:19am and is filed under Archive.