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yes

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e

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e

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e

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e

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e

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e

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e e

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everybody good anybody need

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any I should just gave a thumbs up

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so uh okay uh thank you welcome

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everybody this is the call to order for

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the chese beach board of appeals date a

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ail 17th

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2024 um as an introduction we're here

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today to do three things uh first is to

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approve the minutes from our last

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meeting on March 14th number one number

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two is we have some motions to go

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through uh from Mr pounds um after we

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hear these motions um it's suspected

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that we will go into close session to

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consult with legal counsel here um and

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all that done if time allows we will

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resume hearing the case

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20233 from Rod and real Don in Estates

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uh

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yes

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uh

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sorry uh let me let's get the board

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voted in and then we can talk about uh

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the the process for the rest of this

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meeting um okay so roll call uh as

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normal we will uh without board members

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please announce that you are present um

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let's see Mr Richard Burch is is not

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here uh Miss Paul dhy or Mr Paul dhy

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present Miss Amy Everett present Mr

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stepen Sharp and I am Mr Jody hstar we

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had a quorum uh in terms of

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recordkeeping Sharon have we received

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any public comments in the aside from

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the Motions uh from the

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attorneys worry about

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that uh first agenda item uh is approval

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of the meeting minutes uh for case 20233

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this one from March 14 2024 did anybody

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have any corrections or issues with

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those meeting minutes that they

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noticed

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good hearing none I'll entertain a

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motion to approve the minutes I'll make

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a motion to approve the minutes I have a

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second second all in favor all right

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motion passes okay um so now to the how

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this is going to work um as normal we're

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doing two hours tonight um so we'll end

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around around 8:30 uh for the public

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this meeting may be entirely procedural

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it may be hearing motions And discussing

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legal issues in the back room with our

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Council um and so for the public if the

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legal discussion goes beyond an hour um

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we will not be continuing on with the

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the presentation we'll cut it off and

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we'll start again next time hopefully

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that so if if these motions move quicker

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than I expect then we can continue and

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hear the case if they take longer feel

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free to leave and we will try not to um

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we won't C cover anything other than

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procedural issues so if you're worried

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about that we'll pick those up first

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thing at the next meeting you know cross

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your fingers um but yes if it goes over

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an hour there'll be no new content um

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and the next session will be on May 29th

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2024 at 6:30 pm did I get that right

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Sharon okay here yes um all right

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motions

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um let me

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lay out what we have so far and we can

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get to your we've received we've

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received motions um as the board and I

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want

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to yes I want to I want those into the

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record as they are and then we can

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continue over to what do you call a

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preemptory super be okay um we're going

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to start by today by asking Mr pounds to

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verbally summarize the Motions but

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actually we'll do that after Mr Blitz uh

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a few documents have been received by

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the board to be entered into the record

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by my accounting we have the following

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uh from March 26th we have two letters

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slm motions one regarding Mr Woodburn as

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a witness and Mr Blitz as well a second

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letter regarding Mr susman as witness

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witness we then received two letters um

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about potential litigation notice on

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March

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28th um after that April 12th we

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received a motion regarding uh

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procedural aspects of the hearing um and

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April 15th we received a motion

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regarding the board of appeals Authority

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um at this point I'm going to pause and

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ask Mr Blitz to State what it is briefly

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uh that that you'd like us to

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hear my mic on Eric Blitz on behalf of

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the rod reel

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um I understand why the board might want

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to

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consider the documents that it received

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in the

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interim but all of those documents don't

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involve our case they really involve Mr

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pound's case

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and constantly my case is being

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interrupted by circus

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Antics I have a whole another motion on

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the all these expart communications

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following your rules of procedure so

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I'll make that when you're ready to hear

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that but

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I would ask that instead we'll be

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allowed to put on the balance of our

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case first so that we can get our case

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done I would like to have our case

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submitted of course we have you know

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have a rebuttal to anything that's added

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by other parties and maybe there'll be

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Ser rebuttal and things like that but I

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would like to get our case done it's the

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only fair way to have our case not

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constantly be interrupted Ed by expart

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Communications in this instance but

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plenty of other arguments that are

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really just arguments that in opposition

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to what I have made arguments about

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that's his turn he he will have his turn

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just like any member of the public will

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have their turn but instead we're

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allowing a process whereby interruptions

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are done and I'll point out that these

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aren't motions you don't have an an

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procedure for motions filed outside the

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context of the record I grant that a

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procedural motion like a motion for

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continuance could always be filed

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typically to the chair usually sent to

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the attorney so that they could vet it

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first but those aren't substantive to

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the case those are purely procedure

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these letters are all arguments about

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the case and my point is there are

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interruptions to my case and I'd like to

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just go ahead and put on my case now

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I respond or

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um yes you may respond um well I'm sort

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of amused that the refer the references

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to CF circus Antics especially since

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we're here discussing basically houses

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being put in a flood plane um and so

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those are facts that are absolutely

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Undisputed by by Witnesses put on by the

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applicant so uh uh I can tell you that

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that is a very concerning

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issue with regard to the public health

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of the town and the town is considering

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it very very serious that indeed you

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know something like that would be

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advocated at all uh motions the all of

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my motions that I've put forward apply

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de definit directly to uh issues with

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regard to procedural matters and it go

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goes directly to various issues of uh

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that have been introduced and that are

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being brought up and being discussed for

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the last I guess it's 23 24 hours now uh

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it's been going on and on and on with

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regard to these issues and these issues

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at least need to be brought before the

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board uh on a motion to make sure that

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indeed the board is aware that uh there

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are major issues with regard to the uh

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these issues all together now just

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because I file these motions don't

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doesn't mean that I'm going to in

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essence not be bringing them up later on

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but in essence you know part of a motion

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practice is to in essence uh try to make

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sure that the tri effect or the board in

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this case is 100% aware of what is going

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on as opposed to just the narrative that

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Mr Blitz has been going on about saying

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no you need to listen to me going on and

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on with without in essence putting

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things either in context or making sure

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that indeed uh things

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are uh as they are supposed to be in the

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presentation on so and I'm going to use

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the word uh truthful as opposed to all

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the facts that are being involved so

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motions practice is 100% % appropriate

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especially in that this is relating to

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procedural aspects of where we are where

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this case is going and uh so you know

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circus tactics motions are certainly

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appropriate in any type of case and

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that's what we're doing

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here um so we've received your letters

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we've heard what you said I would like I

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would like to consult with legal counsel

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but first I would like a brief summary

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and like one by one of each motion

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you're making and at the end I would

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like to know what it is the action that

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you want the board to take I don't the

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thing that I want to I think I want to

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lay out here

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I I don't want motions for awareness I

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want these motions for procedurals like

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what do we need to do not that we need

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to be aware of something because we I

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think very much like to hear the

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rebuttal and content of your side of the

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presentation but I'm not entirely sure

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it's appropriate in terms of content for

231
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that to be in a motion so make your

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motions summarize them and then tell us

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exactly what it is that you want the

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board to do right now we will then take

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those consider whether or not we need to

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go into uh consult with the legal

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council and then we will come back so we

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could to go one by one one by one if you

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would um we've all read the letters um

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if you give a brief summary and then

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tell us what it is that you expect us to

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do with

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that uh first of all we begin with the

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March 26th letter um and I have the

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highest respect and admiration for Mr

246
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susman except for the fact that we do

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have a situation in which you know from

248
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where everything I have seen uh he has

249
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in essence injected himself as a witness

250
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to these proceedings uh really as a

251
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witness as to three aspects number one

252
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is with regard to uh an ordinance versus

253
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resolution one of the things that uh is

254
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fun Al to the pl applicants case is that

255
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in essence that the council somehow

256
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filed the wrong proceeding and and and

257
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they filed a resolution rather than an

258
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ordinance and if Mr susman indeed

259
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believes that the ordinance is should

260
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have been the proper mechanism that was

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done by Council Mr susman is indeed a

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being paid by the town he is a town

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attorney and a town uh being

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representated by the town if indeed he

265
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did not think that that was an

266
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appropriate measure then indeed he

267
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should have told the Town Council right

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away uh that this becomes a serious

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issue because now indeed if he has the

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opinion that somehow someway the Town

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Council made an improper motion and

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somehow someway the board of appeals has

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the authority to overrule the Town

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Council then then the question comes

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into why wait all this time to in

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essence present the opinion to the the

277
00:16:29,040 --> 00:16:32,920
board of appeals rather than presenting

278
00:16:30,800 --> 00:16:34,199
it to the Town Council when indeed it

279
00:16:32,920 --> 00:16:36,160
should have happened from the from the

280
00:16:34,199 --> 00:16:39,120
beginning okay so and at the end of this

281
00:16:36,160 --> 00:16:41,079
motion or in this case you want to quit

282
00:16:39,120 --> 00:16:42,800
to question Mr sus that is the outcome

283
00:16:41,079 --> 00:16:45,040
of this motion that that basically is

284
00:16:42,800 --> 00:16:47,759
where it's going yes um this is one I'm

285
00:16:45,040 --> 00:16:49,759
going to deny outright we can't actually

286
00:16:47,759 --> 00:16:52,920
Discman because he's our legal counsel

287
00:16:49,759 --> 00:16:55,360
and this about him but the ability of

288
00:16:52,920 --> 00:16:57,880
the board to consult with its hired

289
00:16:55,360 --> 00:16:59,360
counsel um we're not we're not going to

290
00:16:57,880 --> 00:17:01,519
discuss that this one is outright

291
00:16:59,360 --> 00:17:03,360
tonight okay well to the second and and

292
00:17:01,519 --> 00:17:06,319
just to make sure I put it on the record

293
00:17:03,360 --> 00:17:08,839
like I said the issue comes into if if

294
00:17:06,319 --> 00:17:10,480
indeed and this is what is going to be

295
00:17:08,839 --> 00:17:12,480
you know either now or sometime in the

296
00:17:10,480 --> 00:17:14,919
future if there was any discussion

297
00:17:12,480 --> 00:17:18,600
whatsoever about the issue of resolution

298
00:17:14,919 --> 00:17:20,439
versus ordinance then uh in in Ence if

299
00:17:18,600 --> 00:17:22,439
that was ever brought up to the board

300
00:17:20,439 --> 00:17:25,039
that way he becomes an expert witness

301
00:17:22,439 --> 00:17:27,799
and indeed subject to cross-examination

302
00:17:25,039 --> 00:17:30,240
as opposed to someone who just is giving

303
00:17:27,799 --> 00:17:32,880
legal counsel to the board so that is

304
00:17:30,240 --> 00:17:34,200
what in essence this is going so

305
00:17:32,880 --> 00:17:36,039
objecting to that we're not we're not

306
00:17:34,200 --> 00:17:38,640
talking

307
00:17:36,039 --> 00:17:40,120
about um and also next just be heard

308
00:17:38,640 --> 00:17:42,559
briefly

309
00:17:40,120 --> 00:17:44,880
very I know you just ruled against the

310
00:17:42,559 --> 00:17:47,120
motion but there's lots of reasons why I

311
00:17:44,880 --> 00:17:50,440
should put things on the record as to

312
00:17:47,120 --> 00:17:52,799
why that motion should be denied that

313
00:17:50,440 --> 00:17:54,520
should be in the record so that when if

314
00:17:52,799 --> 00:17:57,799
it's challenged in the

315
00:17:54,520 --> 00:17:59,280
future they hear my side of why that

316
00:17:57,799 --> 00:18:00,640
motion should be denied I thought you

317
00:17:59,280 --> 00:18:02,640
were really just going through and

318
00:18:00,640 --> 00:18:04,360
asking Mr pounds what the concrete

319
00:18:02,640 --> 00:18:07,200
things are not his arguments he just

320
00:18:04,360 --> 00:18:09,559
made an argument for that entire motion

321
00:18:07,200 --> 00:18:11,799
yes how if if he's going to be given the

322
00:18:09,559 --> 00:18:15,280
opportunity to make the entire argument

323
00:18:11,799 --> 00:18:18,640
for a motion the applicant and certainly

324
00:18:15,280 --> 00:18:20,280
third other parties have the right to

325
00:18:18,640 --> 00:18:23,159
weigh in on that motion before it's

326
00:18:20,280 --> 00:18:25,760
disposed of for the record fair um would

327
00:18:23,159 --> 00:18:28,360
you like to submit that in writing is

328
00:18:25,760 --> 00:18:30,080
that good enough or would you rather

329
00:18:28,360 --> 00:18:32,039
state

330
00:18:30,080 --> 00:18:34,600
you rather be granted a chance to

331
00:18:32,039 --> 00:18:36,400
stay I have no op for all the rest of

332
00:18:34,600 --> 00:18:37,919
the Motions as well just for the this

333
00:18:36,400 --> 00:18:39,600
one is specific because we're not

334
00:18:37,919 --> 00:18:42,520
considering this is one where we can't

335
00:18:39,600 --> 00:18:45,039
go into consult with our legal counsel

336
00:18:42,520 --> 00:18:46,320
about his legal count so this is one

337
00:18:45,039 --> 00:18:48,600
unfortunately we have no one to ask

338
00:18:46,320 --> 00:18:51,039
about um so this one's getting special

339
00:18:48,600 --> 00:18:54,440
treatment so if you'd like

340
00:18:51,039 --> 00:18:56,919
to I'm entirely happy to accept writing

341
00:18:54,440 --> 00:19:00,360
on this considering it was denied and

342
00:18:56,919 --> 00:19:02,880
and enter it into the record

343
00:19:00,360 --> 00:19:04,919
uh both parties if you if you would like

344
00:19:02,880 --> 00:19:06,760
to have your thoughts on the denial of

345
00:19:04,919 --> 00:19:08,440
this be put into the record that is fine

346
00:19:06,760 --> 00:19:09,600
and writing I kind of I kind of feel

347
00:19:08,440 --> 00:19:12,200
like we have a lot of stuff to do and

348
00:19:09,600 --> 00:19:13,760
I'd like to move on to the next ones we

349
00:19:12,200 --> 00:19:17,080
discuss

350
00:19:13,760 --> 00:19:17,080
but up to you

351
00:19:22,280 --> 00:19:25,280
Mr

352
00:19:25,559 --> 00:19:31,559
oh first did you deny my motion to have

353
00:19:28,120 --> 00:19:31,559
our case heard first before these

354
00:19:31,720 --> 00:19:38,000
motions um which is fine if that I'm not

355
00:19:35,640 --> 00:19:41,799
denying it I don't I don't I hear I hear

356
00:19:38,000 --> 00:19:41,799
what you're saying

357
00:19:42,440 --> 00:19:46,960
and I would like to hear the lay of the

358
00:19:45,240 --> 00:19:49,440
land and go back and speak with our

359
00:19:46,960 --> 00:19:52,080
legal counsel and then come back and

360
00:19:49,440 --> 00:19:55,039
rule on all of these at once that's okay

361
00:19:52,080 --> 00:19:56,520
then I think I am Duty bound to put

362
00:19:55,039 --> 00:19:58,120
certain things in the record with

363
00:19:56,520 --> 00:19:59,280
respect to all these as X part

364
00:19:58,120 --> 00:20:01,760
communication

365
00:19:59,280 --> 00:20:05,720
so I would like to be heard on that

366
00:20:01,760 --> 00:20:08,440
issue now so that you in the context of

367
00:20:05,720 --> 00:20:10,360
all of these things that are somehow

368
00:20:08,440 --> 00:20:13,960
being converted to

369
00:20:10,360 --> 00:20:15,919
motions you understand because I think

370
00:20:13,960 --> 00:20:18,000
it was absolutely wrongful for this

371
00:20:15,919 --> 00:20:19,480
board to have heard all of this outside

372
00:20:18,000 --> 00:20:22,120
the context of the

373
00:20:19,480 --> 00:20:24,360
record and I want there are things in

374
00:20:22,120 --> 00:20:26,600
your roles and there's certain due

375
00:20:24,360 --> 00:20:29,000
process rights that are guaranteed by

376
00:20:26,600 --> 00:20:32,280
Maryland law with respect to EXP parte

377
00:20:29,000 --> 00:20:34,000
Communications this board can be the

378
00:20:32,280 --> 00:20:35,760
action of this board if you rely on

379
00:20:34,000 --> 00:20:38,640
evidence that is

380
00:20:35,760 --> 00:20:39,840
expar and you've said that everybody's

381
00:20:38,640 --> 00:20:41,960
read

382
00:20:39,840 --> 00:20:44,760
these outside of the context of a

383
00:20:41,960 --> 00:20:46,799
hearing that's a violation and it and it

384
00:20:44,760 --> 00:20:47,880
impacts my client so I would like to be

385
00:20:46,799 --> 00:20:51,440
heard on the

386
00:20:47,880 --> 00:20:53,159
exes let's let's we will do that second

387
00:20:51,440 --> 00:20:55,880
let's finish up with this first when it

388
00:20:53,159 --> 00:20:58,919
regards Mr tossman are we how do we want

389
00:20:55,880 --> 00:21:00,200
to submit any on this motion on this

390
00:20:58,919 --> 00:21:02,760
motion I will follow it up with in

391
00:21:00,200 --> 00:21:04,520
writing following up in writing okay um

392
00:21:02,760 --> 00:21:05,720
we will now we're going to split this up

393
00:21:04,520 --> 00:21:09,000
into two now I'm going to we're going to

394
00:21:05,720 --> 00:21:10,880
hear about uh expar Communications I'm

395
00:21:09,000 --> 00:21:12,760
going to ask the board whether we want

396
00:21:10,880 --> 00:21:15,799
to discuss it with legal counsel and

397
00:21:12,760 --> 00:21:17,440
then we will come back very very very

398
00:21:15,799 --> 00:21:18,960
briefly it's not an exp part a

399
00:21:17,440 --> 00:21:21,000
communication if I send everything to

400
00:21:18,960 --> 00:21:23,080
the entire board if you're communicating

401
00:21:21,000 --> 00:21:25,000
to one party you know especially with a

402
00:21:23,080 --> 00:21:26,640
motion to the entire board that's not

403
00:21:25,000 --> 00:21:29,279
expart communication everybody's

404
00:21:26,640 --> 00:21:31,559
informed of it let's not get

405
00:21:29,279 --> 00:21:34,240
I don't obviously have the expertise to

406
00:21:31,559 --> 00:21:36,159
weigh in on on what this is I need this

407
00:21:34,240 --> 00:21:38,400
laid out so that we can discuss with our

408
00:21:36,159 --> 00:21:39,600
legal counil and he can tell us what it

409
00:21:38,400 --> 00:21:40,960
is that we're doing what we're allowed

410
00:21:39,600 --> 00:21:43,880
to do what we're not allowed to do the

411
00:21:40,960 --> 00:21:47,240
rest of this is just a lot of words so

412
00:21:43,880 --> 00:21:50,400
let's start with Mr Blitz you are making

413
00:21:47,240 --> 00:21:54,559
a motion that so I guess the the

414
00:21:50,400 --> 00:21:58,000
original motion to hear to finish your

415
00:21:54,559 --> 00:21:59,279
um your presentation is denied so that

416
00:21:58,000 --> 00:22:01,480
you can

417
00:21:59,279 --> 00:22:03,400
enter this one about exp parte

418
00:22:01,480 --> 00:22:06,480
communication which we can then

419
00:22:03,400 --> 00:22:09,120
consider maybe with legal counsel we

420
00:22:06,480 --> 00:22:12,440
allow Mr pounds to uh briefly speak

421
00:22:09,120 --> 00:22:14,880
after please okay so I'm making an

422
00:22:12,440 --> 00:22:16,400
objection to M Mr pound's persistent

423
00:22:14,880 --> 00:22:18,360
violation of the board's rule against

424
00:22:16,400 --> 00:22:20,679
exp party Communications by sending

425
00:22:18,360 --> 00:22:23,480
letters being distributed to the entire

426
00:22:20,679 --> 00:22:27,520
board outside the context of the

427
00:22:23,480 --> 00:22:29,880
record which introduces facts not in

428
00:22:27,520 --> 00:22:32,039
evidence makes arguments against the

429
00:22:29,880 --> 00:22:34,039
Roden re's case and thus uses

430
00:22:32,039 --> 00:22:37,200
Communications between hearings as a

431
00:22:34,039 --> 00:22:39,159
means of intervening in the presentation

432
00:22:37,200 --> 00:22:42,480
of the rod and reels

433
00:22:39,159 --> 00:22:44,720
case rather than wait his turn during

434
00:22:42,480 --> 00:22:47,000
the this proceeding the board's chair

435
00:22:44,720 --> 00:22:49,039
has consistently stated that after the

436
00:22:47,000 --> 00:22:50,279
rod and reel's case Mr pounds would be

437
00:22:49,039 --> 00:22:51,520
and other parties would be allowed to

438
00:22:50,279 --> 00:22:54,720
present their

439
00:22:51,520 --> 00:22:57,200
case on March 26th clerk to the board

440
00:22:54,720 --> 00:22:59,120
distributed to the entire membership of

441
00:22:57,200 --> 00:23:01,840
the board and others who are not parties

442
00:22:59,120 --> 00:23:04,279
to this case two letters of that same

443
00:23:01,840 --> 00:23:06,120
date from Mr pounds one with the

444
00:23:04,279 --> 00:23:08,679
regarding line Mr Woodburn as a witness

445
00:23:06,120 --> 00:23:11,080
and another with regarding line Mr

446
00:23:08,679 --> 00:23:14,480
suspen as a witness these letters

447
00:23:11,080 --> 00:23:16,919
included allegations or purported facts

448
00:23:14,480 --> 00:23:21,120
not contained within the

449
00:23:16,919 --> 00:23:23,120
record on March 28th 2024 the clerk to

450
00:23:21,120 --> 00:23:25,000
the board distributed to the entire

451
00:23:23,120 --> 00:23:27,559
membership of the board and others who

452
00:23:25,000 --> 00:23:30,880
are not parties to this case a letter

453
00:23:27,559 --> 00:23:33,600
from M Mr on the same date attaching his

454
00:23:30,880 --> 00:23:36,760
letter from Kurt fiser of the law firm

455
00:23:33,600 --> 00:23:40,520
of Venable LLP that is not in the

456
00:23:36,760 --> 00:23:41,840
record on April 12th 2024 the clerk to

457
00:23:40,520 --> 00:23:43,720
the board distributed to the entire

458
00:23:41,840 --> 00:23:46,360
membership of the board into an even

459
00:23:43,720 --> 00:23:48,840
larger list of people a letter from Mr

460
00:23:46,360 --> 00:23:50,440
pounds to the board of the same date

461
00:23:48,840 --> 00:23:52,840
reporting to make

462
00:23:50,440 --> 00:23:55,720
allegations um I apologize reporting to

463
00:23:52,840 --> 00:23:58,159
make a motion outside the context of the

464
00:23:55,720 --> 00:23:59,120
record about substantive matters of the

465
00:23:58,159 --> 00:24:00,960
case

466
00:23:59,120 --> 00:24:03,400
that include allegations or purported

467
00:24:00,960 --> 00:24:06,080
facts not contained within the

468
00:24:03,400 --> 00:24:07,960
record I will also point out that while

469
00:24:06,080 --> 00:24:10,200
a party to this case can certainly make

470
00:24:07,960 --> 00:24:12,640
a motion during the

471
00:24:10,200 --> 00:24:15,480
hearing we're doing that now right the

472
00:24:12,640 --> 00:24:17,840
board has no rule in its published rules

473
00:24:15,480 --> 00:24:20,000
of procedure that allows motions to be

474
00:24:17,840 --> 00:24:22,080
made through expart

475
00:24:20,000 --> 00:24:24,520
Communications while the chair may have

476
00:24:22,080 --> 00:24:27,320
a residual authority to rule on

477
00:24:24,520 --> 00:24:29,520
procedural motions in between hearings

478
00:24:27,320 --> 00:24:32,480
such as a request for postponement or

479
00:24:29,520 --> 00:24:34,919
continuance is if some emergent

480
00:24:32,480 --> 00:24:38,000
fact somebody got sick or something like

481
00:24:34,919 --> 00:24:40,520
that um such motions cannot be arguments

482
00:24:38,000 --> 00:24:43,399
about the merits of the case and cannot

483
00:24:40,520 --> 00:24:46,480
provide facts to the board about the

484
00:24:43,399 --> 00:24:50,600
substance of the case not already in the

485
00:24:46,480 --> 00:24:52,000
record on April 15 2024 the clerk to the

486
00:24:50,600 --> 00:24:53,559
board distributed to the entire

487
00:24:52,000 --> 00:24:56,000
membership of the board and to many

488
00:24:53,559 --> 00:24:58,200
others party not party to the case a

489
00:24:56,000 --> 00:24:59,919
letter from Mr pounds to the board of

490
00:24:58,200 --> 00:25:02,840
the same

491
00:24:59,919 --> 00:25:05,120
date reporting additional motions again

492
00:25:02,840 --> 00:25:06,960
introducing facts not in the record and

493
00:25:05,120 --> 00:25:10,520
making arguments against the Roden reels

494
00:25:06,960 --> 00:25:10,520
case in the middle of the Roden re's

495
00:25:11,039 --> 00:25:16,120
case it's wholly

496
00:25:13,840 --> 00:25:17,559
inappropriate I can argue against the

497
00:25:16,120 --> 00:25:19,279
substance of the allegations and

498
00:25:17,559 --> 00:25:22,000
arguments contained in these expart

499
00:25:19,279 --> 00:25:23,720
communications at the appropriate time

500
00:25:22,000 --> 00:25:25,399
but the Board needs to seriously

501
00:25:23,720 --> 00:25:28,440
consider the

502
00:25:25,399 --> 00:25:30,880
remedy that should be applied

503
00:25:28,440 --> 00:25:32,559
against Mr pounds and his client for

504
00:25:30,880 --> 00:25:34,640
deliberately filing expart

505
00:25:32,559 --> 00:25:37,159
Communications containing substantive

506
00:25:34,640 --> 00:25:39,039
arguments in the case and introducing

507
00:25:37,159 --> 00:25:41,279
facts not in the

508
00:25:39,039 --> 00:25:44,120
record I want the board to know that

509
00:25:41,279 --> 00:25:46,520
after the first two letters of Mr pounds

510
00:25:44,120 --> 00:25:49,559
on March 28th I wrote a letter to Mr

511
00:25:46,520 --> 00:25:51,360
susman delivered by email complaining

512
00:25:49,559 --> 00:25:54,279
about the EXP parte Communications and

513
00:25:51,360 --> 00:25:57,000
Mr pounds was copied on that email and

514
00:25:54,279 --> 00:25:59,039
letter therefore after the first two

515
00:25:57,000 --> 00:26:00,279
xart a letters and seat of my letter

516
00:25:59,039 --> 00:26:03,279
complaining about exp parte

517
00:26:00,279 --> 00:26:05,880
Communications Mr pounds sent two more

518
00:26:03,279 --> 00:26:08,200
letters and considering the remedy I

519
00:26:05,880 --> 00:26:10,480
would like to you to point out to you

520
00:26:08,200 --> 00:26:11,480
why expart Communications such as these

521
00:26:10,480 --> 00:26:14,080
are so

522
00:26:11,480 --> 00:26:16,159
unfair and dangerous to the proper

523
00:26:14,080 --> 00:26:19,720
administration of this

524
00:26:16,159 --> 00:26:22,200
hearing first only things in the record

525
00:26:19,720 --> 00:26:24,039
during the Open Session become a part of

526
00:26:22,200 --> 00:26:26,360
the record in this case and are

527
00:26:24,039 --> 00:26:28,880
appropriate for consideration by the

528
00:26:26,360 --> 00:26:31,000
board the record is also important

529
00:26:28,880 --> 00:26:33,320
because that's the scope and extent

530
00:26:31,000 --> 00:26:36,279
which can be typically considered by a

531
00:26:33,320 --> 00:26:37,679
reviewing Court second as you have seen

532
00:26:36,279 --> 00:26:39,399
throughout this hearing when a party

533
00:26:37,679 --> 00:26:41,880
wants to make an objection to the

534
00:26:39,399 --> 00:26:43,440
introduction of evidence they need to

535
00:26:41,880 --> 00:26:44,799
make that objection at the time it's

536
00:26:43,440 --> 00:26:47,080
being

537
00:26:44,799 --> 00:26:49,880
introduced we do that so that the board

538
00:26:47,080 --> 00:26:52,760
is not able to consider information that

539
00:26:49,880 --> 00:26:54,919
it shouldn't properly consider whether

540
00:26:52,760 --> 00:26:57,000
it's for relevance or other evidentiary

541
00:26:54,919 --> 00:26:58,799
reasons but with an exp parte

542
00:26:57,000 --> 00:27:01,159
communication

543
00:26:58,799 --> 00:27:02,679
that includes information provided

544
00:27:01,159 --> 00:27:06,080
that's not under

545
00:27:02,679 --> 00:27:08,120
oath and in between the hearings then

546
00:27:06,080 --> 00:27:10,960
there's no way to make an objection to

547
00:27:08,120 --> 00:27:14,840
either the procedural or substantive

548
00:27:10,960 --> 00:27:17,600
objections to that evidence being now

549
00:27:14,840 --> 00:27:19,919
considered by the board thus the board

550
00:27:17,600 --> 00:27:21,399
is given information outside the record

551
00:27:19,919 --> 00:27:23,000
without the opportunity for other

552
00:27:21,399 --> 00:27:25,080
parties to argue the evidence is

553
00:27:23,000 --> 00:27:28,320
improper or relevant to the issues in

554
00:27:25,080 --> 00:27:31,320
the case I will note

555
00:27:28,320 --> 00:27:33,760
I'm not the only party everybody in the

556
00:27:31,320 --> 00:27:35,720
public who has testified or signed up to

557
00:27:33,760 --> 00:27:37,960
testify is a party to this case under

558
00:27:35,720 --> 00:27:39,559
Maryland law they were entitled to get a

559
00:27:37,960 --> 00:27:42,320
copy of these letters wasn't sent to

560
00:27:39,559 --> 00:27:43,960
them they are entitled to make the same

561
00:27:42,320 --> 00:27:46,200
complaint I'm making about expart

562
00:27:43,960 --> 00:27:48,279
Communications and to make the same

563
00:27:46,200 --> 00:27:50,080
objections but they may not even know

564
00:27:48,279 --> 00:27:52,159
about it and that's why expart

565
00:27:50,080 --> 00:27:54,159
Communications like this are so

566
00:27:52,159 --> 00:27:56,919
dangerous

567
00:27:54,159 --> 00:27:59,480
third if expart Communications are

568
00:27:56,919 --> 00:28:01,080
relied upon by the board

569
00:27:59,480 --> 00:28:04,279
that can be a violation of the party's

570
00:28:01,080 --> 00:28:06,159
due process rights under Maryland law if

571
00:28:04,279 --> 00:28:07,960
you as board members read these letters

572
00:28:06,159 --> 00:28:09,799
or presented new facts and arguments

573
00:28:07,960 --> 00:28:11,880
when I on behalf of the Roden reel or

574
00:28:09,799 --> 00:28:13,159
other parties to the case have no

575
00:28:11,880 --> 00:28:15,279
opportunity to be

576
00:28:13,159 --> 00:28:17,200
heard on an objection to the

577
00:28:15,279 --> 00:28:19,760
presentation of that

578
00:28:17,200 --> 00:28:22,240
evidence then the party sending the up

579
00:28:19,760 --> 00:28:25,679
the expart communication gains an unfair

580
00:28:22,240 --> 00:28:29,440
advantage over all the other

581
00:28:25,679 --> 00:28:31,960
parties now you read into the record

582
00:28:29,440 --> 00:28:33,840
that they were the the letters and I was

583
00:28:31,960 --> 00:28:35,960
bringing them because I thought they had

584
00:28:33,840 --> 00:28:38,559
to become exhibits have they now become

585
00:28:35,960 --> 00:28:42,320
exhibits and if so are the exhibit

586
00:28:38,559 --> 00:28:45,600
numbers uh I am not sure on well I'm

587
00:28:42,320 --> 00:28:45,600
going to be a major objection I

588
00:28:46,960 --> 00:28:50,600
mean okay so I

589
00:28:49,080 --> 00:28:54,080
will

590
00:28:50,600 --> 00:28:54,080
submit for the

591
00:28:54,200 --> 00:29:00,039
record the email I received as well as

592
00:28:57,279 --> 00:29:00,039
the letter that was

593
00:29:00,320 --> 00:29:06,399
attached dated March

594
00:29:03,399 --> 00:29:06,399
26th

595
00:29:07,919 --> 00:29:11,840
2024 somehow I got it out of

596
00:29:15,640 --> 00:29:23,840
order as exhibit Sharon are we on

597
00:29:19,840 --> 00:29:23,840
60 64

598
00:29:43,519 --> 00:29:47,440
I would then like to

599
00:29:44,840 --> 00:29:50,519
submit the email I received as well as

600
00:29:47,440 --> 00:29:52,640
the letter of March 28 2024 which also

601
00:29:50,519 --> 00:29:53,519
has an attached letter dated February

602
00:29:52,640 --> 00:29:55,799
7th

603
00:29:53,519 --> 00:29:56,720
2024 which is a notice under the local

604
00:29:55,799 --> 00:30:02,200
government

605
00:29:56,720 --> 00:30:02,200
insurance uh Tor claim act um as

606
00:30:04,559 --> 00:30:12,640
65 you say is again what are these two

607
00:30:08,159 --> 00:30:12,640
so this is the email I received on

608
00:30:13,880 --> 00:30:18,240
march8 as well as the attached letter

609
00:30:16,679 --> 00:30:22,240
from Mr

610
00:30:18,240 --> 00:30:27,799
pounds dated March 28 and the attack

611
00:30:22,240 --> 00:30:27,799
attached to his letter was feary 724

612
00:30:28,320 --> 00:30:35,559
letter from Mr kurer to

613
00:30:32,279 --> 00:30:39,399
other that

614
00:30:35,559 --> 00:30:39,399
is five is the mark

615
00:30:45,519 --> 00:30:49,320
20181 next I would like to

616
00:30:50,039 --> 00:30:54,120
introduce the email I received on April

617
00:30:52,960 --> 00:30:57,000
12th

618
00:30:54,120 --> 00:30:59,080
2024 with the attachment which is a

619
00:30:57,000 --> 00:31:00,840
letter from Mr pound of that same date

620
00:30:59,080 --> 00:31:03,559
April 12

621
00:31:00,840 --> 00:31:06,559
2024 as exhibit

622
00:31:03,559 --> 00:31:06,559
66

623
00:31:15,760 --> 00:31:20,679
right next I would like to introduce as

624
00:31:18,399 --> 00:31:24,000
an exhibit the email I received on April

625
00:31:20,679 --> 00:31:26,919
15 2024 with the attached letter from Mr

626
00:31:24,000 --> 00:31:30,760
pounds dated April 15

627
00:31:26,919 --> 00:31:30,760
2024 as exhibit

628
00:31:36,320 --> 00:31:42,360
67 so was there anything in the letters

629
00:31:40,120 --> 00:31:43,240
that I read at the beginning March 26

630
00:31:42,360 --> 00:31:46,039
two

631
00:31:43,240 --> 00:31:49,880
letters one of which was

632
00:31:46,039 --> 00:31:53,480
the March 28th April 12th and April

633
00:31:49,880 --> 00:31:57,720
15 those are all in the record now love

634
00:31:53,480 --> 00:32:00,919
Json yes um chair hstar I'd also like to

635
00:31:57,720 --> 00:32:03,360
uh submit for the record my letter to

636
00:32:00,919 --> 00:32:07,639
Fred susman dated March 28

637
00:32:03,360 --> 00:32:07,639
2024 which I referenced in my

638
00:32:22,760 --> 00:32:28,240
argument so to be

639
00:32:24,840 --> 00:32:31,960
clear though my communication to of

640
00:32:28,240 --> 00:32:35,159
March 28th 2022 24 to Mr

641
00:32:31,960 --> 00:32:37,880
susman copi to Mr pounds was designed to

642
00:32:35,159 --> 00:32:38,960
let Mr pounds know that my objection to

643
00:32:37,880 --> 00:32:41,240
such

644
00:32:38,960 --> 00:32:44,159
letters about expart

645
00:32:41,240 --> 00:32:46,440
Communications I do not mean to imply in

646
00:32:44,159 --> 00:32:48,480
any way that Mr susman participated or

647
00:32:46,440 --> 00:32:50,799
consented to such expart

648
00:32:48,480 --> 00:32:52,960
Communications that happened after my

649
00:32:50,799 --> 00:32:56,440
letter Mr susman can't be held

650
00:32:52,960 --> 00:33:00,000
responsible for the improper acts of Mr

651
00:32:56,440 --> 00:33:02,880
pounds I know not that section 16 of the

652
00:33:00,000 --> 00:33:04,559
board's rules of procedure addresses

653
00:33:02,880 --> 00:33:07,000
prohibited exp parte

654
00:33:04,559 --> 00:33:10,080
Communications in subsection

655
00:33:07,000 --> 00:33:11,919
B the remedy for expart communications

656
00:33:10,080 --> 00:33:15,240
is to place on the record all written

657
00:33:11,919 --> 00:33:18,159
Communications received and there after

658
00:33:15,240 --> 00:33:20,200
any party to the proceeding has five

659
00:33:18,159 --> 00:33:21,720
days to request an opportunity to rebut

660
00:33:20,200 --> 00:33:24,279
the

661
00:33:21,720 --> 00:33:25,639
communication and I stress that includes

662
00:33:24,279 --> 00:33:28,399
all

663
00:33:25,639 --> 00:33:30,279
parties I'm hereby making the

664
00:33:28,399 --> 00:33:33,159
EST for

665
00:33:30,279 --> 00:33:35,480
the following

666
00:33:33,159 --> 00:33:37,679
relief and some of it has been kind of

667
00:33:35,480 --> 00:33:39,639
supervened by the way this is gone but

668
00:33:37,679 --> 00:33:41,279
I'll just make it so you understand the

669
00:33:39,639 --> 00:33:44,120
point of

670
00:33:41,279 --> 00:33:46,919
my remedy re

671
00:33:44,120 --> 00:33:49,440
requests first did I be able to make

672
00:33:46,919 --> 00:33:51,480
rebuttal arguments against the letter

673
00:33:49,440 --> 00:33:54,159
prior to any supplemental arguments of

674
00:33:51,480 --> 00:33:56,399
Mr pounds in recognition of the harm

675
00:33:54,159 --> 00:33:58,519
introduced by sending exp parte

676
00:33:56,399 --> 00:34:00,360
Communications that any information

677
00:33:58,519 --> 00:34:02,720
second that any information contained

678
00:34:00,360 --> 00:34:05,360
within the letters that was not already

679
00:34:02,720 --> 00:34:08,079
in the record as of the end of the last

680
00:34:05,360 --> 00:34:11,119
hearing which was March 14

681
00:34:08,079 --> 00:34:13,679
2024 not be admitted into the record as

682
00:34:11,119 --> 00:34:15,919
substantive

683
00:34:13,679 --> 00:34:20,520
facts

684
00:34:15,919 --> 00:34:23,639
third yes what was that one okay that

685
00:34:20,520 --> 00:34:26,040
any information contained within the

686
00:34:23,639 --> 00:34:28,399
letters that was not already in the

687
00:34:26,040 --> 00:34:32,599
record as of the end of the last

688
00:34:28,399 --> 00:34:36,240
hearing which was held on March 14th

689
00:34:32,599 --> 00:34:38,720
2024 not be admitted into the record as

690
00:34:36,240 --> 00:34:40,599
substantive

691
00:34:38,720 --> 00:34:43,200
facts

692
00:34:40,599 --> 00:34:45,480
third all arguments contained within

693
00:34:43,200 --> 00:34:47,679
such letters be stricken from

694
00:34:45,480 --> 00:34:51,399
consideration by the

695
00:34:47,679 --> 00:34:53,919
board and fourth that Mr pounds may

696
00:34:51,399 --> 00:34:56,919
offer those facts and arguments on the

697
00:34:53,919 --> 00:34:58,800
record in open public hearings during

698
00:34:56,919 --> 00:35:01,079
his presentation subject to the rod and

699
00:34:58,800 --> 00:35:03,040
reel and any other parties or the

700
00:35:01,079 --> 00:35:06,920
board's chair or the chair to make

701
00:35:03,040 --> 00:35:06,920
objections as to the information as

702
00:35:09,599 --> 00:35:16,320
provided you repeat that last one yes

703
00:35:13,160 --> 00:35:19,760
that Mr pound despite having in in two

704
00:35:16,320 --> 00:35:22,680
and three that the facts are

705
00:35:19,760 --> 00:35:24,119
stricken and the arguments I mean the

706
00:35:22,680 --> 00:35:27,920
facts are not admitted into the record

707
00:35:24,119 --> 00:35:30,000
and this the uh third is that the argu

708
00:35:27,920 --> 00:35:33,760
contained or stricken that Mr pounds be

709
00:35:30,000 --> 00:35:33,760
able to make those arguments in his

710
00:35:34,079 --> 00:35:39,760
case subject to our rights and everybody

711
00:35:36,880 --> 00:35:42,200
else's party's rights to make objections

712
00:35:39,760 --> 00:35:45,800
as that evidence comes

713
00:35:42,200 --> 00:35:49,440
in because included within all that was

714
00:35:45,800 --> 00:35:53,040
a lot of information not in the

715
00:35:49,440 --> 00:35:57,839
record and arguments that are all

716
00:35:53,040 --> 00:36:02,040
arguments against our case

717
00:35:57,839 --> 00:36:03,720
and therefore as a relief to the expart

718
00:36:02,040 --> 00:36:07,079
communications we should have the

719
00:36:03,720 --> 00:36:07,079
ability to address those

720
00:36:09,280 --> 00:36:15,240
first um would you like to say anything

721
00:36:12,400 --> 00:36:18,160
at this point Mr BRS outside of the

722
00:36:15,240 --> 00:36:20,359
content um that Mr Blitz is objecting to

723
00:36:18,160 --> 00:36:22,640
absolutely um what's interesting is that

724
00:36:20,359 --> 00:36:24,839
you know it was discussion about uh you

725
00:36:22,640 --> 00:36:26,440
know inappropriate conduct which is fine

726
00:36:24,839 --> 00:36:29,040
but I've never had a case in which we've

727
00:36:26,440 --> 00:36:31,720
had almost 24 4 hours now of straight

728
00:36:29,040 --> 00:36:33,880
narrative um and then you know it's sort

729
00:36:31,720 --> 00:36:36,200
of like not Witnesses or not evidence

730
00:36:33,880 --> 00:36:38,319
being just a straight talk and straight

731
00:36:36,200 --> 00:36:40,960
narrative and basically that's what

732
00:36:38,319 --> 00:36:42,960
that's what this has been going on uh as

733
00:36:40,960 --> 00:36:45,040
well as the fact that you know we've

734
00:36:42,960 --> 00:36:46,280
been and I'm nearly not even sure which

735
00:36:45,040 --> 00:36:48,720
we're going to be getting you know later

736
00:36:46,280 --> 00:36:52,000
on in these motions at what point Mr

737
00:36:48,720 --> 00:36:55,160
Blitz was actually still under oath um I

738
00:36:52,000 --> 00:36:57,960
mean when when did the at the end of the

739
00:36:55,160 --> 00:36:59,520
last meeting the last hearing comes up

740
00:36:57,960 --> 00:37:02,680
and he says I'm not this is not

741
00:36:59,520 --> 00:37:05,000
testimony I'm not under e okay so when

742
00:37:02,680 --> 00:37:07,440
did it stop when did it start and at

743
00:37:05,000 --> 00:37:10,680
some point in time did we have sort of a

744
00:37:07,440 --> 00:37:12,599
whim as to when did it stop and sort so

745
00:37:10,680 --> 00:37:14,280
as far as you know improper conduct you

746
00:37:12,599 --> 00:37:16,520
know that's fine as well as the fact

747
00:37:14,280 --> 00:37:18,800
that you know we're going to be delving

748
00:37:16,520 --> 00:37:20,480
into you know the one of the key

749
00:37:18,800 --> 00:37:23,119
evidences that we have that's already

750
00:37:20,480 --> 00:37:25,480
been in evidence uh that is with regard

751
00:37:23,119 --> 00:37:27,119
to the permits which were issued before

752
00:37:25,480 --> 00:37:28,839
um no content we're not talking about

753
00:37:27,119 --> 00:37:31,160
content okay but no I'm just just

754
00:37:28,839 --> 00:37:33,040
talking about you're not I'm not but the

755
00:37:31,160 --> 00:37:37,200
fact that we're going to be Dev delving

756
00:37:33,040 --> 00:37:39,000
into that so um uh you know as far as

757
00:37:37,200 --> 00:37:41,720
you know improper conduct we will be you

758
00:37:39,000 --> 00:37:43,640
know definitely you know do doing that

759
00:37:41,720 --> 00:37:45,960
um you know as far as you know the

760
00:37:43,640 --> 00:37:47,200
remedies are concerned uh I didn't catch

761
00:37:45,960 --> 00:37:51,480
the first one what was the first one

762
00:37:47,200 --> 00:37:53,960
again uh to allow a rebuttal uh so pause

763
00:37:51,480 --> 00:37:56,319
on everything allow if I'm understanding

764
00:37:53,960 --> 00:38:00,040
right allow Mr Blitz and any members of

765
00:37:56,319 --> 00:38:02,800
the public who wish to uh view these new

766
00:38:00,040 --> 00:38:06,079
exhibits uh to give them 5 days to

767
00:38:02,800 --> 00:38:08,000
submit rebuttal to the town hall I right

768
00:38:06,079 --> 00:38:10,119
that's a given I mean that's that's fine

769
00:38:08,000 --> 00:38:12,640
I mean before you get

770
00:38:10,119 --> 00:38:16,400
to uh discuss

771
00:38:12,640 --> 00:38:18,599
them so the paper the the hard copy

772
00:38:16,400 --> 00:38:20,160
letters allow people to submit

773
00:38:18,599 --> 00:38:22,319
supplemental information before we talk

774
00:38:20,160 --> 00:38:24,520
about the content of those letters did I

775
00:38:22,319 --> 00:38:27,560
am I getting this right that's

776
00:38:24,520 --> 00:38:29,040
correct okay so so you want to postpone

777
00:38:27,560 --> 00:38:31,560
this hearing until next time and we can

778
00:38:29,040 --> 00:38:33,200
submit it to the St I don't want

779
00:38:31,560 --> 00:38:37,200
postpone this hearing I want to I want

780
00:38:33,200 --> 00:38:40,680
to do this um so I want to

781
00:38:37,200 --> 00:38:42,560
discuss um this allowing rebuttal uh not

782
00:38:40,680 --> 00:38:45,280
admitting uh into the record of

783
00:38:42,560 --> 00:38:47,640
substandard facts uh strict stricken

784
00:38:45,280 --> 00:38:49,160
Arguments for consideration and allow

785
00:38:47,640 --> 00:38:50,280
you to enter them as facts during your

786
00:38:49,160 --> 00:38:52,599
portion of the presentation I want to

787
00:38:50,280 --> 00:38:53,280
talk about that right now um but I'd

788
00:38:52,599 --> 00:38:56,920
like

789
00:38:53,280 --> 00:38:59,440
to if if if um if you're done we I think

790
00:38:56,920 --> 00:39:02,640
can discuss with our legal council can I

791
00:38:59,440 --> 00:39:07,480
question yes yes was your remedy

792
00:39:02,640 --> 00:39:09,640
directed to all of the uh letters it

793
00:39:07,480 --> 00:39:11,200
was well the pro the problem is we

794
00:39:09,640 --> 00:39:13,520
haven't even discussed all the records

795
00:39:11,200 --> 00:39:15,000
and I just want to make sure I'm clear

796
00:39:13,520 --> 00:39:16,000
basically you know there was a question

797
00:39:15,000 --> 00:39:18,079
whether these were going to come into

798
00:39:16,000 --> 00:39:20,960
evidence Mr Blitz admitted them evidence

799
00:39:18,079 --> 00:39:23,200
so they're all in they're all in um but

800
00:39:20,960 --> 00:39:26,160
the question I think is one of order and

801
00:39:23,200 --> 00:39:28,119
who gets it we in the midst of of Mr

802
00:39:26,160 --> 00:39:31,280
blitz's presentation and the question is

803
00:39:28,119 --> 00:39:35,119
whether or not these can interrupt more

804
00:39:31,280 --> 00:39:38,359
than they already have um and the remedy

805
00:39:35,119 --> 00:39:41,040
I think Mr bits is is saying is that the

806
00:39:38,359 --> 00:39:42,960
damage is done but the remedy to not

807
00:39:41,040 --> 00:39:45,240
throwing the whole putting everything

808
00:39:42,960 --> 00:39:47,640
off the rails is to allow response to it

809
00:39:45,240 --> 00:39:49,920
at this point in time and then resuming

810
00:39:47,640 --> 00:39:52,160
his presentation and I'd like to point

811
00:39:49,920 --> 00:39:54,319
out that when we submit those is

812
00:39:52,160 --> 00:39:55,920
exhibits into the record that's because

813
00:39:54,319 --> 00:39:58,079
that's what's required to happen under

814
00:39:55,920 --> 00:40:00,960
your rules of procedure it is typically

815
00:39:58,079 --> 00:40:03,160
the way administrative bodies handle exp

816
00:40:00,960 --> 00:40:05,560
parte Communications that doesn't mean

817
00:40:03,160 --> 00:40:07,240
the facts included in there are then

818
00:40:05,560 --> 00:40:10,800
subject for you to be reviewed they're

819
00:40:07,240 --> 00:40:15,000
not in the record as far as the case

820
00:40:10,800 --> 00:40:18,240
they're there for a any reviewing body

821
00:40:15,000 --> 00:40:20,720
court or otherwise or you to know that

822
00:40:18,240 --> 00:40:23,839
there were expart Communications that

823
00:40:20,720 --> 00:40:23,839
are improper I

824
00:40:24,040 --> 00:40:29,319
mean I I don't want to go any further

825
00:40:26,839 --> 00:40:32,240
understood

826
00:40:29,319 --> 00:40:33,920
okay so at this point um to the

827
00:40:32,240 --> 00:40:36,440
board

828
00:40:33,920 --> 00:40:37,800
um I will entertain a motion to close

829
00:40:36,440 --> 00:40:39,119
the board of appeals hearing under the

830
00:40:37,800 --> 00:40:40,680
statutory authority of the Maryland

831
00:40:39,119 --> 00:40:44,160
annotated code pursuant to the general

832
00:40:40,680 --> 00:40:46,240
provision is article 3305b subsection 7

833
00:40:44,160 --> 00:40:49,160
quote to consult with counsel or obtain

834
00:40:46,240 --> 00:40:51,520
legal advice do I have a second just

835
00:40:49,160 --> 00:40:55,160
just to make sure I'm clear to to

836
00:40:51,520 --> 00:40:58,000
discuss the legal basis of this

837
00:40:55,160 --> 00:41:01,240
objection with our Council and not the

838
00:40:58,000 --> 00:41:03,319
content of letters or arguments made

839
00:41:01,240 --> 00:41:08,119
therein just just the legal just the

840
00:41:03,319 --> 00:41:12,440
legal just the legal of it yep um second

841
00:41:08,119 --> 00:41:14,000
sorry um does anyone make that motion I

842
00:41:12,440 --> 00:41:18,359
make the motion anyone second do I have

843
00:41:14,000 --> 00:41:20,200
a second oh all in favor I I okay the

844
00:41:18,359 --> 00:41:21,599
board is now in closed session uh we're

845
00:41:20,200 --> 00:41:24,440
going to go back in that room discuss

846
00:41:21,599 --> 00:41:26,839
some issues uh we will return here uh

847
00:41:24,440 --> 00:41:28,800
once we've consulted with Council um if

848
00:41:26,839 --> 00:41:30,720
you are are keeping track of time we

849
00:41:28,800 --> 00:41:33,079
have about 25 more minutes so I guess to

850
00:41:30,720 --> 00:41:35,280
the members of the public I suspect that

851
00:41:33,079 --> 00:41:37,760
we will not I'm not going to say

852
00:41:35,280 --> 00:41:40,390
anything

853
00:41:37,760 --> 00:41:43,540
um we'll be

854
00:41:40,390 --> 00:41:43,540
[Music]

855
00:41:56,240 --> 00:41:59,240
back

856
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e

857
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858
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859
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860
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861
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862
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863
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864
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865
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866
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867
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868
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869
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870
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871
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872
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873
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874
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876
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877
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878
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879
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880
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881
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882
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883
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884
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885
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886
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887
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888
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889
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890
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891
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892
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893
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894
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895
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896
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897
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898
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899
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900
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901
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902
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903
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904
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905
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906
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907
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908
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909
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910
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911
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912
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913
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914
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915
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916
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917
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918
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919
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920
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921
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922
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923
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924
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925
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926
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927
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928
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929
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930
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931
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932
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933
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934
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935
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936
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937
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938
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939
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940
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941
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942
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943
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944
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945
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946
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947
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948
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949
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950
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951
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952
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953
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954
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955
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956
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957
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958
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959
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960
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961
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962
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963
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964
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965
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966
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967
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968
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e e

969
01:39:17,239 --> 01:39:20,239
that's

970
01:39:38,360 --> 01:39:44,920
you back there thank

971
01:39:40,320 --> 01:39:47,599
you okay um all right we are resuming um

972
01:39:44,920 --> 01:39:49,400
the chese beach board of appeals um

973
01:39:47,599 --> 01:39:51,760
after consultation with legal counsel

974
01:39:49,400 --> 01:39:53,920
with regard to our legal options this is

975
01:39:51,760 --> 01:39:56,280
the process we will follow

976
01:39:53,920 --> 01:39:59,760
um the board in town will send the new

977
01:39:56,280 --> 01:40:01,719
exhibits 64 through 68 to all parties of

978
01:39:59,760 --> 01:40:03,320
record the letter will include a link to

979
01:40:01,719 --> 01:40:05,880
the town website containing the ex

980
01:40:03,320 --> 01:40:08,560
exhibits and a hard copy of all exhibits

981
01:40:05,880 --> 01:40:10,560
64 to 68 the board agrees that we should

982
01:40:08,560 --> 01:40:13,400
receive rebuttal regarding these

983
01:40:10,560 --> 01:40:15,400
exhibits for the public please submit

984
01:40:13,400 --> 01:40:18,400
letters in writing in rebuttal to the

985
01:40:15,400 --> 01:40:20,199
town clerk for Mr Blitz please submit

986
01:40:18,400 --> 01:40:22,480
rebuttal to the uh content of the

987
01:40:20,199 --> 01:40:23,800
letters specify which content in the

988
01:40:22,480 --> 01:40:27,040
letters that you want stricken from

989
01:40:23,800 --> 01:40:29,239
consideration at this point all rebuttal

990
01:40:27,040 --> 01:40:31,360
including Mr blitzes should be received

991
01:40:29,239 --> 01:40:34,719
by the board by April

992
01:40:31,360 --> 01:40:37,920
30th um in regards to case

993
01:40:34,719 --> 01:40:39,760
20233 this one we will briefly convene

994
01:40:37,920 --> 01:40:41,560
during a separate meeting on May first

995
01:40:39,760 --> 01:40:43,760
that will be devoted only to receiving

996
01:40:41,560 --> 01:40:45,960
the rebuttal into the

997
01:40:43,760 --> 01:40:49,520
record are there any questions or

998
01:40:45,960 --> 01:40:49,520
clarifications that are needed at this

999
01:40:49,679 --> 01:40:53,400
time for the May 1 meeting are the

1000
01:40:51,920 --> 01:40:54,920
parties going to be here Mr Blitz not

1001
01:40:53,400 --> 01:40:57,639
going to be here this is just you this

1002
01:40:54,920 --> 01:40:59,400
is just us we are only receiving written

1003
01:40:57,639 --> 01:41:01,679
uh written letters into the record and

1004
01:40:59,400 --> 01:41:03,760
no nothing else that was going to be

1005
01:41:01,679 --> 01:41:05,560
there will be a separate hearing for a

1006
01:41:03,760 --> 01:41:09,480
different case at that date but with

1007
01:41:05,560 --> 01:41:09,480
regards to 20233 nothing will

1008
01:41:13,080 --> 01:41:18,239
happen any further clarification

1009
01:41:19,560 --> 01:41:26,360
needed um considering we are uh little

1010
01:41:23,440 --> 01:41:29,080
short on time uh

1011
01:41:26,360 --> 01:41:30,960
um I guess we are going to consider

1012
01:41:29,080 --> 01:41:33,520
adjourning uh at this time I will

1013
01:41:30,960 --> 01:41:35,599
entertain a motion to

1014
01:41:33,520 --> 01:41:38,920
adjourn I will make that motion to

1015
01:41:35,599 --> 01:41:41,080
adjourn I have a sec oh apologies the

1016
01:41:38,920 --> 01:41:45,679
date uh the next meeting we will adjourn

1017
01:41:41,080 --> 01:41:50,880
until May 29th 2024 at 6:30

1018
01:41:45,679 --> 01:41:54,159
pm I second you all in favor all me

1019
01:41:50,880 --> 01:41:54,159
thank you everybody

1020
01:42:16,280 --> 01:42:18,960
we're done

1021
01:42:19,400 --> 01:42:25,159
yeah um well I have it yeah yep