January 21, 2016

that Wang Liu issued a letter beyond the twenty (20) days and that the Board is not required to accept the late request. Chairman Neuer opened the floor for discussion by the Board Members to consider entertaining the request to have the application reheard. Mr. Sussman stated that the request was late and secondly the reason was the same as Travis McManigal’s reason and that the Board has already been down that road. He stated that the Board should not rehear this application. Mr. Schwarzbaum stated that he concurs with Mr. Sussman based on the twenty (20) day regulation and there were no extraordinary circumstances presented. He said that the Board should stay with the decision to not rehear the application. Chairman Neuer stated that based on the twenty (20) day requirement, he made a motion to not consider the request by Wang Liu for a rehearing of the application because it was submitted out of time. Ms. Gabry seconded the motion to not consider the request for a rehearing of the application. Ms. Beirne suggested that the Board table the vote until they discuss the next item on the agenda. Ms. Beirne stated that Mr. McManigal requested a revote of his rehearing request because Ms. Nash voted on the rehearing request. She said that there is no precedent regarding who votes on a rehearing and that it was appropriate for Ms. Nash to vote. Ms. Weiss stated that the vote was unanimous and that Ms. Nash’s vote would not have changed the outcome. Chairman Neuer stated that if they were to allow a revote to take place, he does not believe that the revote would result in any difference and that the Board should reject the request. Ms. Gabry agreed with Chairman Neuer and said that Ms. Nash heard most of the testimony for the application and that it will not change the outcome in any event. Mr. Schwarzbaum made a motion to deny the request for a revote and Ms. Gabry seconded the motion. The vote for the request made by Wang Liu to rehear application ZB-14-08 was as follows: