[0:28] yes
[0:58] e
[1:28] e
[1:58] e
[2:28] e
[2:58] e
[3:28] e
[3:58] e e
[4:40] everybody good anybody need
[4:49] any I should just gave a thumbs up
[4:53] so uh okay uh thank you welcome
[4:56] everybody this is the call to order for
[4:57] the chese beach board of appeals date a
[4:59] ail 17th
[5:01] 2024 um as an introduction we're here
[5:04] today to do three things uh first is to
[5:07] approve the minutes from our last
[5:08] meeting on March 14th number one number
[5:11] two is we have some motions to go
[5:13] through uh from Mr pounds um after we
[5:17] hear these motions um it's suspected
[5:19] that we will go into close session to
[5:21] consult with legal counsel here um and
[5:25] all that done if time allows we will
[5:28] resume hearing the case
[5:31] 20233 from Rod and real Don in Estates
[5:34] uh
[5:35] yes
[5:38] uh
[5:41] sorry uh let me let's get the board
[5:44] voted in and then we can talk about uh
[5:47] the the process for the rest of this
[5:49] meeting um okay so roll call uh as
[5:52] normal we will uh without board members
[5:55] please announce that you are present um
[5:58] let's see Mr Richard Burch is is not
[6:00] here uh Miss Paul dhy or Mr Paul dhy
[6:02] present Miss Amy Everett present Mr
[6:05] stepen Sharp and I am Mr Jody hstar we
[6:08] had a quorum uh in terms of
[6:11] recordkeeping Sharon have we received
[6:14] any public comments in the aside from
[6:17] the Motions uh from the
[6:18] attorneys worry about
[6:21] that uh first agenda item uh is approval
[6:25] of the meeting minutes uh for case 20233
[6:28] this one from March 14 2024 did anybody
[6:32] have any corrections or issues with
[6:34] those meeting minutes that they
[6:36] noticed
[6:38] good hearing none I'll entertain a
[6:40] motion to approve the minutes I'll make
[6:42] a motion to approve the minutes I have a
[6:45] second second all in favor all right
[6:48] motion passes okay um so now to the how
[6:53] this is going to work um as normal we're
[6:55] doing two hours tonight um so we'll end
[6:59] around around 8:30 uh for the public
[7:02] this meeting may be entirely procedural
[7:05] it may be hearing motions And discussing
[7:07] legal issues in the back room with our
[7:09] Council um and so for the public if the
[7:12] legal discussion goes beyond an hour um
[7:16] we will not be continuing on with the
[7:19] the presentation we'll cut it off and
[7:21] we'll start again next time hopefully
[7:23] that so if if these motions move quicker
[7:26] than I expect then we can continue and
[7:27] hear the case if they take longer feel
[7:30] free to leave and we will try not to um
[7:33] we won't C cover anything other than
[7:35] procedural issues so if you're worried
[7:37] about that we'll pick those up first
[7:38] thing at the next meeting you know cross
[7:40] your fingers um but yes if it goes over
[7:44] an hour there'll be no new content um
[7:47] and the next session will be on May 29th
[7:50] 2024 at 6:30 pm did I get that right
[7:52] Sharon okay here yes um all right
[7:58] motions
[8:01] um let me
[8:03] lay out what we have so far and we can
[8:06] get to your we've received we've
[8:08] received motions um as the board and I
[8:10] want
[8:12] to yes I want to I want those into the
[8:16] record as they are and then we can
[8:17] continue over to what do you call a
[8:20] preemptory super be okay um we're going
[8:24] to start by today by asking Mr pounds to
[8:26] verbally summarize the Motions but
[8:28] actually we'll do that after Mr Blitz uh
[8:31] a few documents have been received by
[8:33] the board to be entered into the record
[8:34] by my accounting we have the following
[8:37] uh from March 26th we have two letters
[8:40] slm motions one regarding Mr Woodburn as
[8:43] a witness and Mr Blitz as well a second
[8:47] letter regarding Mr susman as witness
[8:48] witness we then received two letters um
[8:52] about potential litigation notice on
[8:54] March
[8:55] 28th um after that April 12th we
[8:59] received a motion regarding uh
[9:01] procedural aspects of the hearing um and
[9:04] April 15th we received a motion
[9:07] regarding the board of appeals Authority
[9:10] um at this point I'm going to pause and
[9:13] ask Mr Blitz to State what it is briefly
[9:16] uh that that you'd like us to
[9:20] hear my mic on Eric Blitz on behalf of
[9:23] the rod reel
[9:25] um I understand why the board might want
[9:30] to
[9:31] consider the documents that it received
[9:34] in the
[9:35] interim but all of those documents don't
[9:37] involve our case they really involve Mr
[9:39] pound's case
[9:42] and constantly my case is being
[9:46] interrupted by circus
[9:50] Antics I have a whole another motion on
[9:53] the all these expart communications
[9:54] following your rules of procedure so
[9:57] I'll make that when you're ready to hear
[9:58] that but
[9:59] I would ask that instead we'll be
[10:02] allowed to put on the balance of our
[10:04] case first so that we can get our case
[10:08] done I would like to have our case
[10:11] submitted of course we have you know
[10:13] have a rebuttal to anything that's added
[10:15] by other parties and maybe there'll be
[10:18] Ser rebuttal and things like that but I
[10:20] would like to get our case done it's the
[10:23] only fair way to have our case not
[10:28] constantly be interrupted Ed by expart
[10:31] Communications in this instance but
[10:33] plenty of other arguments that are
[10:35] really just arguments that in opposition
[10:37] to what I have made arguments about
[10:40] that's his turn he he will have his turn
[10:42] just like any member of the public will
[10:44] have their turn but instead we're
[10:46] allowing a process whereby interruptions
[10:49] are done and I'll point out that these
[10:52] aren't motions you don't have an an
[10:54] procedure for motions filed outside the
[10:57] context of the record I grant that a
[11:01] procedural motion like a motion for
[11:03] continuance could always be filed
[11:05] typically to the chair usually sent to
[11:07] the attorney so that they could vet it
[11:10] first but those aren't substantive to
[11:12] the case those are purely procedure
[11:16] these letters are all arguments about
[11:18] the case and my point is there are
[11:21] interruptions to my case and I'd like to
[11:24] just go ahead and put on my case now
[11:32] I respond or
[11:34] um yes you may respond um well I'm sort
[11:38] of amused that the refer the references
[11:40] to CF circus Antics especially since
[11:43] we're here discussing basically houses
[11:45] being put in a flood plane um and so
[11:49] those are facts that are absolutely
[11:51] Undisputed by by Witnesses put on by the
[11:54] applicant so uh uh I can tell you that
[11:57] that is a very concerning
[11:59] issue with regard to the public health
[12:02] of the town and the town is considering
[12:04] it very very serious that indeed you
[12:06] know something like that would be
[12:07] advocated at all uh motions the all of
[12:11] my motions that I've put forward apply
[12:14] de definit directly to uh issues with
[12:17] regard to procedural matters and it go
[12:19] goes directly to various issues of uh
[12:22] that have been introduced and that are
[12:24] being brought up and being discussed for
[12:26] the last I guess it's 23 24 hours now uh
[12:29] it's been going on and on and on with
[12:32] regard to these issues and these issues
[12:34] at least need to be brought before the
[12:36] board uh on a motion to make sure that
[12:38] indeed the board is aware that uh there
[12:41] are major issues with regard to the uh
[12:44] these issues all together now just
[12:46] because I file these motions don't
[12:48] doesn't mean that I'm going to in
[12:50] essence not be bringing them up later on
[12:52] but in essence you know part of a motion
[12:54] practice is to in essence uh try to make
[12:57] sure that the tri effect or the board in
[13:00] this case is 100% aware of what is going
[13:03] on as opposed to just the narrative that
[13:05] Mr Blitz has been going on about saying
[13:07] no you need to listen to me going on and
[13:09] on with without in essence putting
[13:12] things either in context or making sure
[13:14] that indeed uh things
[13:17] are uh as they are supposed to be in the
[13:20] presentation on so and I'm going to use
[13:22] the word uh truthful as opposed to all
[13:25] the facts that are being involved so
[13:27] motions practice is 100% % appropriate
[13:30] especially in that this is relating to
[13:32] procedural aspects of where we are where
[13:35] this case is going and uh so you know
[13:39] circus tactics motions are certainly
[13:43] appropriate in any type of case and
[13:45] that's what we're doing
[13:47] here um so we've received your letters
[13:50] we've heard what you said I would like I
[13:53] would like to consult with legal counsel
[13:54] but first I would like a brief summary
[13:59] and like one by one of each motion
[14:01] you're making and at the end I would
[14:04] like to know what it is the action that
[14:05] you want the board to take I don't the
[14:08] thing that I want to I think I want to
[14:09] lay out here
[14:12] I I don't want motions for awareness I
[14:15] want these motions for procedurals like
[14:17] what do we need to do not that we need
[14:19] to be aware of something because we I
[14:22] think very much like to hear the
[14:24] rebuttal and content of your side of the
[14:26] presentation but I'm not entirely sure
[14:29] it's appropriate in terms of content for
[14:31] that to be in a motion so make your
[14:34] motions summarize them and then tell us
[14:37] exactly what it is that you want the
[14:39] board to do right now we will then take
[14:41] those consider whether or not we need to
[14:44] go into uh consult with the legal
[14:46] council and then we will come back so we
[14:48] could to go one by one one by one if you
[14:51] would um we've all read the letters um
[14:54] if you give a brief summary and then
[14:56] tell us what it is that you expect us to
[14:58] do with
[14:59] that uh first of all we begin with the
[15:02] March 26th letter um and I have the
[15:06] highest respect and admiration for Mr
[15:08] susman except for the fact that we do
[15:10] have a situation in which you know from
[15:12] where everything I have seen uh he has
[15:15] in essence injected himself as a witness
[15:17] to these proceedings uh really as a
[15:19] witness as to three aspects number one
[15:23] is with regard to uh an ordinance versus
[15:26] resolution one of the things that uh is
[15:28] fun Al to the pl applicants case is that
[15:31] in essence that the council somehow
[15:35] filed the wrong proceeding and and and
[15:38] they filed a resolution rather than an
[15:41] ordinance and if Mr susman indeed
[15:44] believes that the ordinance is should
[15:46] have been the proper mechanism that was
[15:48] done by Council Mr susman is indeed a
[15:51] being paid by the town he is a town
[15:55] attorney and a town uh being
[15:57] representated by the town if indeed he
[16:00] did not think that that was an
[16:01] appropriate measure then indeed he
[16:04] should have told the Town Council right
[16:06] away uh that this becomes a serious
[16:09] issue because now indeed if he has the
[16:11] opinion that somehow someway the Town
[16:14] Council made an improper motion and
[16:17] somehow someway the board of appeals has
[16:20] the authority to overrule the Town
[16:22] Council then then the question comes
[16:24] into why wait all this time to in
[16:27] essence present the opinion to the the
[16:29] board of appeals rather than presenting
[16:30] it to the Town Council when indeed it
[16:32] should have happened from the from the
[16:34] beginning okay so and at the end of this
[16:36] motion or in this case you want to quit
[16:39] to question Mr sus that is the outcome
[16:41] of this motion that that basically is
[16:42] where it's going yes um this is one I'm
[16:45] going to deny outright we can't actually
[16:47] Discman because he's our legal counsel
[16:49] and this about him but the ability of
[16:52] the board to consult with its hired
[16:55] counsel um we're not we're not going to
[16:57] discuss that this one is outright
[16:59] tonight okay well to the second and and
[17:01] just to make sure I put it on the record
[17:03] like I said the issue comes into if if
[17:06] indeed and this is what is going to be
[17:08] you know either now or sometime in the
[17:10] future if there was any discussion
[17:12] whatsoever about the issue of resolution
[17:14] versus ordinance then uh in in Ence if
[17:18] that was ever brought up to the board
[17:20] that way he becomes an expert witness
[17:22] and indeed subject to cross-examination
[17:25] as opposed to someone who just is giving
[17:27] legal counsel to the board so that is
[17:30] what in essence this is going so
[17:32] objecting to that we're not we're not
[17:34] talking
[17:36] about um and also next just be heard
[17:38] briefly
[17:40] very I know you just ruled against the
[17:42] motion but there's lots of reasons why I
[17:44] should put things on the record as to
[17:47] why that motion should be denied that
[17:50] should be in the record so that when if
[17:52] it's challenged in the
[17:54] future they hear my side of why that
[17:57] motion should be denied I thought you
[17:59] were really just going through and
[18:00] asking Mr pounds what the concrete
[18:02] things are not his arguments he just
[18:04] made an argument for that entire motion
[18:07] yes how if if he's going to be given the
[18:09] opportunity to make the entire argument
[18:11] for a motion the applicant and certainly
[18:15] third other parties have the right to
[18:18] weigh in on that motion before it's
[18:20] disposed of for the record fair um would
[18:23] you like to submit that in writing is
[18:25] that good enough or would you rather
[18:28] state
[18:30] you rather be granted a chance to
[18:32] stay I have no op for all the rest of
[18:34] the Motions as well just for the this
[18:36] one is specific because we're not
[18:37] considering this is one where we can't
[18:39] go into consult with our legal counsel
[18:42] about his legal count so this is one
[18:45] unfortunately we have no one to ask
[18:46] about um so this one's getting special
[18:48] treatment so if you'd like
[18:51] to I'm entirely happy to accept writing
[18:54] on this considering it was denied and
[18:56] and enter it into the record
[19:00] uh both parties if you if you would like
[19:02] to have your thoughts on the denial of
[19:04] this be put into the record that is fine
[19:06] and writing I kind of I kind of feel
[19:08] like we have a lot of stuff to do and
[19:09] I'd like to move on to the next ones we
[19:12] discuss
[19:13] but up to you
[19:22] Mr
[19:25] oh first did you deny my motion to have
[19:28] our case heard first before these
[19:31] motions um which is fine if that I'm not
[19:35] denying it I don't I don't I hear I hear
[19:38] what you're saying
[19:42] and I would like to hear the lay of the
[19:45] land and go back and speak with our
[19:46] legal counsel and then come back and
[19:49] rule on all of these at once that's okay
[19:52] then I think I am Duty bound to put
[19:55] certain things in the record with
[19:56] respect to all these as X part
[19:58] communication
[19:59] so I would like to be heard on that
[20:01] issue now so that you in the context of
[20:05] all of these things that are somehow
[20:08] being converted to
[20:10] motions you understand because I think
[20:13] it was absolutely wrongful for this
[20:15] board to have heard all of this outside
[20:18] the context of the
[20:19] record and I want there are things in
[20:22] your roles and there's certain due
[20:24] process rights that are guaranteed by
[20:26] Maryland law with respect to EXP parte
[20:29] Communications this board can be the
[20:32] action of this board if you rely on
[20:34] evidence that is
[20:35] expar and you've said that everybody's
[20:38] read
[20:39] these outside of the context of a
[20:41] hearing that's a violation and it and it
[20:44] impacts my client so I would like to be
[20:46] heard on the
[20:47] exes let's let's we will do that second
[20:51] let's finish up with this first when it
[20:53] regards Mr tossman are we how do we want
[20:55] to submit any on this motion on this
[20:58] motion I will follow it up with in
[21:00] writing following up in writing okay um
[21:02] we will now we're going to split this up
[21:04] into two now I'm going to we're going to
[21:05] hear about uh expar Communications I'm
[21:09] going to ask the board whether we want
[21:10] to discuss it with legal counsel and
[21:12] then we will come back very very very
[21:15] briefly it's not an exp part a
[21:17] communication if I send everything to
[21:18] the entire board if you're communicating
[21:21] to one party you know especially with a
[21:23] motion to the entire board that's not
[21:25] expart communication everybody's
[21:26] informed of it let's not get
[21:29] I don't obviously have the expertise to
[21:31] weigh in on on what this is I need this
[21:34] laid out so that we can discuss with our
[21:36] legal counil and he can tell us what it
[21:38] is that we're doing what we're allowed
[21:39] to do what we're not allowed to do the
[21:40] rest of this is just a lot of words so
[21:43] let's start with Mr Blitz you are making
[21:47] a motion that so I guess the the
[21:50] original motion to hear to finish your
[21:54] um your presentation is denied so that
[21:58] you can
[21:59] enter this one about exp parte
[22:01] communication which we can then
[22:03] consider maybe with legal counsel we
[22:06] allow Mr pounds to uh briefly speak
[22:09] after please okay so I'm making an
[22:12] objection to M Mr pound's persistent
[22:14] violation of the board's rule against
[22:16] exp party Communications by sending
[22:18] letters being distributed to the entire
[22:20] board outside the context of the
[22:23] record which introduces facts not in
[22:27] evidence makes arguments against the
[22:29] Roden re's case and thus uses
[22:32] Communications between hearings as a
[22:34] means of intervening in the presentation
[22:37] of the rod and reels
[22:39] case rather than wait his turn during
[22:42] the this proceeding the board's chair
[22:44] has consistently stated that after the
[22:47] rod and reel's case Mr pounds would be
[22:49] and other parties would be allowed to
[22:50] present their
[22:51] case on March 26th clerk to the board
[22:54] distributed to the entire membership of
[22:57] the board and others who are not parties
[22:59] to this case two letters of that same
[23:01] date from Mr pounds one with the
[23:04] regarding line Mr Woodburn as a witness
[23:06] and another with regarding line Mr
[23:08] suspen as a witness these letters
[23:11] included allegations or purported facts
[23:14] not contained within the
[23:16] record on March 28th 2024 the clerk to
[23:21] the board distributed to the entire
[23:23] membership of the board and others who
[23:25] are not parties to this case a letter
[23:27] from M Mr on the same date attaching his
[23:30] letter from Kurt fiser of the law firm
[23:33] of Venable LLP that is not in the
[23:36] record on April 12th 2024 the clerk to
[23:40] the board distributed to the entire
[23:41] membership of the board into an even
[23:43] larger list of people a letter from Mr
[23:46] pounds to the board of the same date
[23:48] reporting to make
[23:50] allegations um I apologize reporting to
[23:52] make a motion outside the context of the
[23:55] record about substantive matters of the
[23:58] case
[23:59] that include allegations or purported
[24:00] facts not contained within the
[24:03] record I will also point out that while
[24:06] a party to this case can certainly make
[24:07] a motion during the
[24:10] hearing we're doing that now right the
[24:12] board has no rule in its published rules
[24:15] of procedure that allows motions to be
[24:17] made through expart
[24:20] Communications while the chair may have
[24:22] a residual authority to rule on
[24:24] procedural motions in between hearings
[24:27] such as a request for postponement or
[24:29] continuance is if some emergent
[24:32] fact somebody got sick or something like
[24:34] that um such motions cannot be arguments
[24:38] about the merits of the case and cannot
[24:40] provide facts to the board about the
[24:43] substance of the case not already in the
[24:46] record on April 15 2024 the clerk to the
[24:50] board distributed to the entire
[24:52] membership of the board and to many
[24:53] others party not party to the case a
[24:56] letter from Mr pounds to the board of
[24:58] the same
[24:59] date reporting additional motions again
[25:02] introducing facts not in the record and
[25:05] making arguments against the Roden reels
[25:06] case in the middle of the Roden re's
[25:11] case it's wholly
[25:13] inappropriate I can argue against the
[25:16] substance of the allegations and
[25:17] arguments contained in these expart
[25:19] communications at the appropriate time
[25:22] but the Board needs to seriously
[25:23] consider the
[25:25] remedy that should be applied
[25:28] against Mr pounds and his client for
[25:30] deliberately filing expart
[25:32] Communications containing substantive
[25:34] arguments in the case and introducing
[25:37] facts not in the
[25:39] record I want the board to know that
[25:41] after the first two letters of Mr pounds
[25:44] on March 28th I wrote a letter to Mr
[25:46] susman delivered by email complaining
[25:49] about the EXP parte Communications and
[25:51] Mr pounds was copied on that email and
[25:54] letter therefore after the first two
[25:57] xart a letters and seat of my letter
[25:59] complaining about exp parte
[26:00] Communications Mr pounds sent two more
[26:03] letters and considering the remedy I
[26:05] would like to you to point out to you
[26:08] why expart Communications such as these
[26:10] are so
[26:11] unfair and dangerous to the proper
[26:14] administration of this
[26:16] hearing first only things in the record
[26:19] during the Open Session become a part of
[26:22] the record in this case and are
[26:24] appropriate for consideration by the
[26:26] board the record is also important
[26:28] because that's the scope and extent
[26:31] which can be typically considered by a
[26:33] reviewing Court second as you have seen
[26:36] throughout this hearing when a party
[26:37] wants to make an objection to the
[26:39] introduction of evidence they need to
[26:41] make that objection at the time it's
[26:43] being
[26:44] introduced we do that so that the board
[26:47] is not able to consider information that
[26:49] it shouldn't properly consider whether
[26:52] it's for relevance or other evidentiary
[26:54] reasons but with an exp parte
[26:57] communication
[26:58] that includes information provided
[27:01] that's not under
[27:02] oath and in between the hearings then
[27:06] there's no way to make an objection to
[27:08] either the procedural or substantive
[27:10] objections to that evidence being now
[27:14] considered by the board thus the board
[27:17] is given information outside the record
[27:19] without the opportunity for other
[27:21] parties to argue the evidence is
[27:23] improper or relevant to the issues in
[27:25] the case I will note
[27:28] I'm not the only party everybody in the
[27:31] public who has testified or signed up to
[27:33] testify is a party to this case under
[27:35] Maryland law they were entitled to get a
[27:37] copy of these letters wasn't sent to
[27:39] them they are entitled to make the same
[27:42] complaint I'm making about expart
[27:43] Communications and to make the same
[27:46] objections but they may not even know
[27:48] about it and that's why expart
[27:50] Communications like this are so
[27:52] dangerous
[27:54] third if expart Communications are
[27:56] relied upon by the board
[27:59] that can be a violation of the party's
[28:01] due process rights under Maryland law if
[28:04] you as board members read these letters
[28:06] or presented new facts and arguments
[28:07] when I on behalf of the Roden reel or
[28:09] other parties to the case have no
[28:11] opportunity to be
[28:13] heard on an objection to the
[28:15] presentation of that
[28:17] evidence then the party sending the up
[28:19] the expart communication gains an unfair
[28:22] advantage over all the other
[28:25] parties now you read into the record
[28:29] that they were the the letters and I was
[28:31] bringing them because I thought they had
[28:33] to become exhibits have they now become
[28:35] exhibits and if so are the exhibit
[28:38] numbers uh I am not sure on well I'm
[28:42] going to be a major objection I
[28:46] mean okay so I
[28:49] will
[28:50] submit for the
[28:54] record the email I received as well as
[28:57] the letter that was
[29:00] attached dated March
[29:03] 26th
[29:07] 2024 somehow I got it out of
[29:15] order as exhibit Sharon are we on
[29:19] 60 64
[29:43] I would then like to
[29:44] submit the email I received as well as
[29:47] the letter of March 28 2024 which also
[29:50] has an attached letter dated February
[29:52] 7th
[29:53] 2024 which is a notice under the local
[29:55] government
[29:56] insurance uh Tor claim act um as
[30:04] 65 you say is again what are these two
[30:08] so this is the email I received on
[30:13] march8 as well as the attached letter
[30:16] from Mr
[30:18] pounds dated March 28 and the attack
[30:22] attached to his letter was feary 724
[30:28] letter from Mr kurer to
[30:32] other that
[30:35] is five is the mark
[30:45] 20181 next I would like to
[30:50] introduce the email I received on April
[30:52] 12th
[30:54] 2024 with the attachment which is a
[30:57] letter from Mr pound of that same date
[30:59] April 12
[31:00] 2024 as exhibit
[31:03] 66
[31:15] right next I would like to introduce as
[31:18] an exhibit the email I received on April
[31:20] 15 2024 with the attached letter from Mr
[31:24] pounds dated April 15
[31:26] 2024 as exhibit
[31:36] 67 so was there anything in the letters
[31:40] that I read at the beginning March 26
[31:42] two
[31:43] letters one of which was
[31:46] the March 28th April 12th and April
[31:49] 15 those are all in the record now love
[31:53] Json yes um chair hstar I'd also like to
[31:57] uh submit for the record my letter to
[32:00] Fred susman dated March 28
[32:03] 2024 which I referenced in my
[32:22] argument so to be
[32:24] clear though my communication to of
[32:28] March 28th 2022 24 to Mr
[32:31] susman copi to Mr pounds was designed to
[32:35] let Mr pounds know that my objection to
[32:37] such
[32:38] letters about expart
[32:41] Communications I do not mean to imply in
[32:44] any way that Mr susman participated or
[32:46] consented to such expart
[32:48] Communications that happened after my
[32:50] letter Mr susman can't be held
[32:52] responsible for the improper acts of Mr
[32:56] pounds I know not that section 16 of the
[33:00] board's rules of procedure addresses
[33:02] prohibited exp parte
[33:04] Communications in subsection
[33:07] B the remedy for expart communications
[33:10] is to place on the record all written
[33:11] Communications received and there after
[33:15] any party to the proceeding has five
[33:18] days to request an opportunity to rebut
[33:20] the
[33:21] communication and I stress that includes
[33:24] all
[33:25] parties I'm hereby making the
[33:28] EST for
[33:30] the following
[33:33] relief and some of it has been kind of
[33:35] supervened by the way this is gone but
[33:37] I'll just make it so you understand the
[33:39] point of
[33:41] my remedy re
[33:44] requests first did I be able to make
[33:46] rebuttal arguments against the letter
[33:49] prior to any supplemental arguments of
[33:51] Mr pounds in recognition of the harm
[33:54] introduced by sending exp parte
[33:56] Communications that any information
[33:58] second that any information contained
[34:00] within the letters that was not already
[34:02] in the record as of the end of the last
[34:05] hearing which was March 14
[34:08] 2024 not be admitted into the record as
[34:11] substantive
[34:13] facts
[34:15] third yes what was that one okay that
[34:20] any information contained within the
[34:23] letters that was not already in the
[34:26] record as of the end of the last
[34:28] hearing which was held on March 14th
[34:32] 2024 not be admitted into the record as
[34:36] substantive
[34:38] facts
[34:40] third all arguments contained within
[34:43] such letters be stricken from
[34:45] consideration by the
[34:47] board and fourth that Mr pounds may
[34:51] offer those facts and arguments on the
[34:53] record in open public hearings during
[34:56] his presentation subject to the rod and
[34:58] reel and any other parties or the
[35:01] board's chair or the chair to make
[35:03] objections as to the information as
[35:09] provided you repeat that last one yes
[35:13] that Mr pound despite having in in two
[35:16] and three that the facts are
[35:19] stricken and the arguments I mean the
[35:22] facts are not admitted into the record
[35:24] and this the uh third is that the argu
[35:27] contained or stricken that Mr pounds be
[35:30] able to make those arguments in his
[35:34] case subject to our rights and everybody
[35:36] else's party's rights to make objections
[35:39] as that evidence comes
[35:42] in because included within all that was
[35:45] a lot of information not in the
[35:49] record and arguments that are all
[35:53] arguments against our case
[35:57] and therefore as a relief to the expart
[36:02] communications we should have the
[36:03] ability to address those
[36:09] first um would you like to say anything
[36:12] at this point Mr BRS outside of the
[36:15] content um that Mr Blitz is objecting to
[36:18] absolutely um what's interesting is that
[36:20] you know it was discussion about uh you
[36:22] know inappropriate conduct which is fine
[36:24] but I've never had a case in which we've
[36:26] had almost 24 4 hours now of straight
[36:29] narrative um and then you know it's sort
[36:31] of like not Witnesses or not evidence
[36:33] being just a straight talk and straight
[36:36] narrative and basically that's what
[36:38] that's what this has been going on uh as
[36:40] well as the fact that you know we've
[36:42] been and I'm nearly not even sure which
[36:45] we're going to be getting you know later
[36:46] on in these motions at what point Mr
[36:48] Blitz was actually still under oath um I
[36:52] mean when when did the at the end of the
[36:55] last meeting the last hearing comes up
[36:57] and he says I'm not this is not
[36:59] testimony I'm not under e okay so when
[37:02] did it stop when did it start and at
[37:05] some point in time did we have sort of a
[37:07] whim as to when did it stop and sort so
[37:10] as far as you know improper conduct you
[37:12] know that's fine as well as the fact
[37:14] that you know we're going to be delving
[37:16] into you know the one of the key
[37:18] evidences that we have that's already
[37:20] been in evidence uh that is with regard
[37:23] to the permits which were issued before
[37:25] um no content we're not talking about
[37:27] content okay but no I'm just just
[37:28] talking about you're not I'm not but the
[37:31] fact that we're going to be Dev delving
[37:33] into that so um uh you know as far as
[37:37] you know improper conduct we will be you
[37:39] know definitely you know do doing that
[37:41] um you know as far as you know the
[37:43] remedies are concerned uh I didn't catch
[37:45] the first one what was the first one
[37:47] again uh to allow a rebuttal uh so pause
[37:51] on everything allow if I'm understanding
[37:53] right allow Mr Blitz and any members of
[37:56] the public who wish to uh view these new
[38:00] exhibits uh to give them 5 days to
[38:02] submit rebuttal to the town hall I right
[38:06] that's a given I mean that's that's fine
[38:08] I mean before you get
[38:10] to uh discuss
[38:12] them so the paper the the hard copy
[38:16] letters allow people to submit
[38:18] supplemental information before we talk
[38:20] about the content of those letters did I
[38:22] am I getting this right that's
[38:24] correct okay so so you want to postpone
[38:27] this hearing until next time and we can
[38:29] submit it to the St I don't want
[38:31] postpone this hearing I want to I want
[38:33] to do this um so I want to
[38:37] discuss um this allowing rebuttal uh not
[38:40] admitting uh into the record of
[38:42] substandard facts uh strict stricken
[38:45] Arguments for consideration and allow
[38:47] you to enter them as facts during your
[38:49] portion of the presentation I want to
[38:50] talk about that right now um but I'd
[38:52] like
[38:53] to if if if um if you're done we I think
[38:56] can discuss with our legal council can I
[38:59] question yes yes was your remedy
[39:02] directed to all of the uh letters it
[39:07] was well the pro the problem is we
[39:09] haven't even discussed all the records
[39:11] and I just want to make sure I'm clear
[39:13] basically you know there was a question
[39:15] whether these were going to come into
[39:16] evidence Mr Blitz admitted them evidence
[39:18] so they're all in they're all in um but
[39:20] the question I think is one of order and
[39:23] who gets it we in the midst of of Mr
[39:26] blitz's presentation and the question is
[39:28] whether or not these can interrupt more
[39:31] than they already have um and the remedy
[39:35] I think Mr bits is is saying is that the
[39:38] damage is done but the remedy to not
[39:41] throwing the whole putting everything
[39:42] off the rails is to allow response to it
[39:45] at this point in time and then resuming
[39:47] his presentation and I'd like to point
[39:49] out that when we submit those is
[39:52] exhibits into the record that's because
[39:54] that's what's required to happen under
[39:55] your rules of procedure it is typically
[39:58] the way administrative bodies handle exp
[40:00] parte Communications that doesn't mean
[40:03] the facts included in there are then
[40:05] subject for you to be reviewed they're
[40:07] not in the record as far as the case
[40:10] they're there for a any reviewing body
[40:15] court or otherwise or you to know that
[40:18] there were expart Communications that
[40:20] are improper I
[40:24] mean I I don't want to go any further
[40:26] understood
[40:29] okay so at this point um to the
[40:32] board
[40:33] um I will entertain a motion to close
[40:36] the board of appeals hearing under the
[40:37] statutory authority of the Maryland
[40:39] annotated code pursuant to the general
[40:40] provision is article 3305b subsection 7
[40:44] quote to consult with counsel or obtain
[40:46] legal advice do I have a second just
[40:49] just to make sure I'm clear to to
[40:51] discuss the legal basis of this
[40:55] objection with our Council and not the
[40:58] content of letters or arguments made
[41:01] therein just just the legal just the
[41:03] legal just the legal of it yep um second
[41:08] sorry um does anyone make that motion I
[41:12] make the motion anyone second do I have
[41:14] a second oh all in favor I I okay the
[41:18] board is now in closed session uh we're
[41:20] going to go back in that room discuss
[41:21] some issues uh we will return here uh
[41:24] once we've consulted with Council um if
[41:26] you are are keeping track of time we
[41:28] have about 25 more minutes so I guess to
[41:30] the members of the public I suspect that
[41:33] we will not I'm not going to say
[41:35] anything
[41:37] um we'll be
[41:40] [Music]
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[1:39:17] that's
[1:39:38] you back there thank
[1:39:40] you okay um all right we are resuming um
[1:39:44] the chese beach board of appeals um
[1:39:47] after consultation with legal counsel
[1:39:49] with regard to our legal options this is
[1:39:51] the process we will follow
[1:39:53] um the board in town will send the new
[1:39:56] exhibits 64 through 68 to all parties of
[1:39:59] record the letter will include a link to
[1:40:01] the town website containing the ex
[1:40:03] exhibits and a hard copy of all exhibits
[1:40:05] 64 to 68 the board agrees that we should
[1:40:08] receive rebuttal regarding these
[1:40:10] exhibits for the public please submit
[1:40:13] letters in writing in rebuttal to the
[1:40:15] town clerk for Mr Blitz please submit
[1:40:18] rebuttal to the uh content of the
[1:40:20] letters specify which content in the
[1:40:22] letters that you want stricken from
[1:40:23] consideration at this point all rebuttal
[1:40:27] including Mr blitzes should be received
[1:40:29] by the board by April
[1:40:31] 30th um in regards to case
[1:40:34] 20233 this one we will briefly convene
[1:40:37] during a separate meeting on May first
[1:40:39] that will be devoted only to receiving
[1:40:41] the rebuttal into the
[1:40:43] record are there any questions or
[1:40:45] clarifications that are needed at this
[1:40:49] time for the May 1 meeting are the
[1:40:51] parties going to be here Mr Blitz not
[1:40:53] going to be here this is just you this
[1:40:54] is just us we are only receiving written
[1:40:57] uh written letters into the record and
[1:40:59] no nothing else that was going to be
[1:41:01] there will be a separate hearing for a
[1:41:03] different case at that date but with
[1:41:05] regards to 20233 nothing will
[1:41:13] happen any further clarification
[1:41:19] needed um considering we are uh little
[1:41:23] short on time uh
[1:41:26] um I guess we are going to consider
[1:41:29] adjourning uh at this time I will
[1:41:30] entertain a motion to
[1:41:33] adjourn I will make that motion to
[1:41:35] adjourn I have a sec oh apologies the
[1:41:38] date uh the next meeting we will adjourn
[1:41:41] until May 29th 2024 at 6:30
[1:41:45] pm I second you all in favor all me
[1:41:50] thank you everybody
[1:42:16] we're done
[1:42:19] yeah um well I have it yeah yep