October 30, 2024 Planning Board Special Meeting Transcript - WEHI

47 of 80 sheets Page 185 to 188 of 203 11/06/2024 03:21:43 PM 185 CHAIRMAN BAGOFF: Okay. The disturbed area1 is, the engineer provided the storm water management2 plan that is on record.3 THE PUBLIC: Understood.4 CHAIRMAN BAGOFF: That will be approved,5 eventually approved by DEP. So that is out of our6 purview, much higher authority that will make sure that7 it is consistent with the law.8 THE PUBLIC: I appreciate the consistency, I9 do. Thank you very much.10 CHAIRMAN BAGOFF: You're very welcome.11 Thank you.12 THE PUBLIC: Hi everyone. Good evening. My13 name is Clair Benyo, 57 Mayfair Drive. B-E-N-Y-O.14 So Mr. DeFeo, so just for my understanding,15 you're firm was hired as an independent consultant on16 this project, correct?17 THE WITNESS: Yes.18 THE PUBLIC: Are you the owner of that19 company?20 THE WITNESS: Yes.21 THE PUBLIC: What other clients do you have?22 CHAIRMAN BAGOFF: Not germane, sorry.23 THE PUBLIC: What other industries do you24 support?25 186 CHAIRMAN BAGOFF: Can you answer that?1 THE WITNESS: Other industries. I mean, I2 work in the solid waste recycling. I work on3 environmental design. I work on green building. I've4 done energy conservation. I've done work on landscaping5 design projects with landscape architects to try to6 maximize regrowth. I've done work on solar fields.7 Worked with engineers. I teach at Rutgers. I mean --8 THE PUBLIC: I meant specifically your firm9 being hired for environmental consultative services.10 THE WITNESS: All those areas I've been11 hired.12 THE PUBLIC: Other townships you're hired13 by?14 THE WITNESS: All those areas are within15 that. I've done work, environmental work. I've done16 different areas. Nutley, Middletown.17 CHAIRMAN BAGOFF: Other towns are not18 germane. We're talking about West Orange.19 THE PUBLIC: And what other jobs has the20 Township of West Orange hired you for?21 THE WITNESS: I've done work for West Orange22 on different things since 2005. I'm the environmental23 compliance officer for the township for the recycling24 facility on Route 10, they call it Route 10. That's25 187 correct. I make sure that is in compliance with1 environmental conditions. I get consulted from, by the2 township from time to time on environmental matters,3 most recently on a couple of storm water matters where4 there have been issues of forest destruction. Improper5 forest destruction. I've done work with

hip from time to time on environmental matters,3 most recently on a couple of storm water matters where4 there have been issues of forest destruction. Improper5 forest destruction. I've done work with the township6 consultation for bid specifications for your solid waste7 collection. I don't know if there's anything else8 specifically I've been retained for.9 THE PUBLIC: Okay.10 And when were your services retained for11 this project specifically?12 THE PUBLIC: There are two levels of that.13 The initial work was in negotiating, not the ordinance,14 negotiating for the settlement, and then that was by the15 township and I don't have the date of my retention by16 the planning board, which is separate. I just don't17 know the exact date.18 THE PUBLIC: Can you expand on your19 involvement in negotiations that you were hired for?20 MS. MCGOVERN: I'm sorry, I missed that.21 THE PUBLIC: Can he expand on the services22 that he was hired for in 2019.23 MS. MCGOVERN: I think he already testified24 to that, but in terms of the settlement negotiation may25 188 have been some --1 THE PUBLIC: He mentioned several times he2 was hired to negotiate.3 MR. AFRAN: Can we just hear what Ms.4 McGovern said.5 MS. MCGOVERN: In terms of the settlement6 agreement and negotiations, I don't know the role, but7 in terms of the services to the township, you can8 describe it, anything that's not attorney-client9 privilege. Go ahead.10 THE WITNESS: I think the best answer is to11 help develop Schedule C, I believe it's called. You12 know, my job was to develop the environmental parameters13 for Schedule C and try to get them included.14 THE PUBLIC: Can you help me understand what15 Schedule C is related to this project?16 THE WITNESS: This is part of it, the tree17 fencing and the tree issues, which is the predominant18 element.19 MS. MCGOVERN: Schedule C is called Design,20 Terms and Conditions.21 THE PUBLIC: Okay.22 And so what were the scope and services that23 you were hired for, for this project? The second part24 of this project. The most recent hiring I should say.25