October 22 2025, Planning Board Regular Meeting - WEHI Transcript

10/28/2025 12:18:39 PM Page 5 to 8 of 40 2 of 17 sheets 5 in summation when we get to that point. So we are not1 going to be calling Mr. Hudacsko, as indicated in my2 letter yesterday. Our remaining witnesses would be very3 limited, and we don't know if they're happening, we4 might have Mr. Goll testify, but that depends on CME's5 ultimate report on the structural issues and Mr. Walsh6 has a very brief, probably 15-minute, supplement to his7 original testimony and his report dated September 2,8 2025, a supplemental report. He's not here today, he9 can be here on the 29th. Other than that and10 potentially Mr. Goll, we have no further witnesses.11 CHAIRMAN BAGOFF: There's not going to be12 any rebuttal on CME. CME is our board expert. There is13 no rebuttal on that. This is the board expert. That's14 it.15 MR. AFRAN: With he respect, the board16 expert functions as staff to the board.17 CHAIRMAN BAGOFF: Correct.18 MR. AFRAN: The public all have a right to19 comment on any staff --20 CHAIRMAN BAGOFF: I'm not arguing about --21 MR. AFRAN: -- let me finish. On any staff22 report.23 CHAIRMAN BAGOFF: I'm not arguing about24 commenting. We will have public comment. We're not25 6 going to have any back and forth additional testimony.1 MR. AFRAN: I would submit that would be2 significant error by the board. There's case law that3 makes it very clear --4 CHAIRMAN BAGOFF: All right. You may5 provide that after this is done. You may provide that6 to our attorney and we'll review that.7 MR. AFRAN: We could do that.8 CHAIRMAN BAGOFF: There's case law that once9 our report, after we've heard all the testimony, that10 we're going to have rebuttal from somebody else against11 our board -- our board experts.12 MR. AFRAN: It's not a matter of calling it13 rebuttal, it's a matter of responding to another expert14 who has not yet been heard. I have no idea what CME15 will say. If CME comes in with a report, or whatever16 they come in with, they're an expert that has not been17 heard. The board expert is normally supposed to give an18 engineering report at the outset of an application, even19 before it comes to the public hearing. Normally an20 objector can offer expert evidence to respond to those.21 There's no difference just because it comes in later.22 It should have come in earlier anyway. Whether it comes23 in later or earlier the objector and the public have a24 right to

respond to those.21 There's no difference just because it comes in later.22 It should have come in earlier anyway. Whether it comes23 in later or earlier the objector and the public have a24 right to comment and offer expert testimony if there's25 7 an objector. There's no question about this in the law.1 CHAIRMAN BAGOFF: The public has a right to2 comment, no doubt about that, but if you have completed3 your testimony then you have completed your testimony.4 MR. AFRAN: I did not say we completed our5 testimony. I said since there's a CME staff report6 coming in, we are reserving the right to potentially7 call our expert witness in connection with that. I8 never said we were completing our testimony. I9 expressly said there is a potential that Mr. Goll will10 be called and we do have one additional witness, Mr.11 Walsh, who will be called.12 CHAIRMAN BAGOFF: Your witness was supposed13 to be here tonight. You had two witnesses.14 MR. AFRAN: I'm aware of that.15 CHAIRMAN BAGOFF: He was supposed to be here16 tonight.17 MR. AFRAN: I'm aware of that. Mr. Goll's18 --19 CHAIRMAN BAGOFF: And the issue is the board20 is here for a special meeting and the public is here for21 a special meeting and telling us at this time that the22 person who's supposed to be here, that they're not going23 to be here, is problematic for the people. The people24 need to hear this and the dragging on is not in the best25 8 interest for the public matter.1 MR. AFRAN: Mr. Walsh's testimony will be2 extremely brief. I spoke with him at the last meeting,3 before the last meeting, in fact he confirmed he4 couldn't be here today, he confirmed that he could not5 be here today, but could be her on the 29th. That was6 two days ago. Nothing else I could do.7 CHAIRMAN BAGOFF: What would Mr. Walsh's8 testimony include?9 MR. AFRAN: He has a supplemental report10 dated September 2, which contains some additional11 material supplementing his original report. I'm not an12 expert, I am not going to try to characterize it.13 CHAIRMAN BAGOFF: Did he provide that to the14 board secretary?15 MR. AFRAN: I don't recall if it was sent16 in.17 MS. McGOVERN: No.18 MR. AFRAN: It was not sent in yet, we can19 send it in tomorrow.20 MS. McGOVERN: So --21 MR. PLOCKER: Respectfully, September 2 was22 a month and a half ago. I'm sorry, Mr. Chairman.23 CHAIRMAN BAGOFF: Okay. Mr. Plocker.24 MR. AFRAN: He was not

send it in tomorrow.20 MS. McGOVERN: So --21 MR. PLOCKER: Respectfully, September 2 was22 a month and a half ago. I'm sorry, Mr. Chairman.23 CHAIRMAN BAGOFF: Okay. Mr. Plocker.24 MR. AFRAN: He was not available the last25