November 19, 2015

during the course of the meeting and he is recommending that the Board deny the request for a re-hearing. Chairman Buechler said that Travis McManigal was originally represented by an attorney and Mr. McManigal decided to terminate the relationship. He said that in the opening statement read by the Zoning Board Attorney before every meeting, it advises all persons of their right to legal counsel. Chairman Buechler said that Mr. McManigal opposed the underlying application and could have called a representative from Sai Hira Trust to testify and failed to do so. He said that a representative from the temple was present at every meeting. Chairman Buechler stated that he is recommending that the request be denied and made a motion to approve the amended resolution that corrects the two typographical errors. He asked if any of the Board Members had any comments. Vice Chairman Neuer stated for the record that he was recused from hearing this application and excused himself from the conversation. Ms. Gabry stated that she agrees with Chairman Buechler and that it is up to the attorney to call someone to testify. Mr. McManigal asked Chairman Buechler if he could approach; Chairman Buechler replied yes and said that he had seven (7) minutes to speak. Travis McManigal approached and said that during the July 16, 2015 meeting he stated on record that they did not hear from the applicant. He said that there were six (6) instances that the Board, the applicant’s attorney and witnesses stated that a representative from the Temple would testify to answer questions. Chairman Buechler asked Mr. McManigal why he felt it was important to have Mrs. Thani testify; Mr. McManigal said that the neighbors would have had a better understanding of the operations of the temple. Mr. McManigal pointed out specific pages in transcripts from some of the meetings when it was stated that someone from the Temple would testify. Chairman Buechler advised Mr. McManigal that he could have called Mrs. Thani, who represented the Temple, to testify because she was present at almost every meeting. He said that some of the neighbors also met with Mrs. Thani outside of the meetings.