October 22 2025, Planning Board Regular Meeting - WEHI Transcript

3 of 17 sheets Page 9 to 12 of 40 10/28/2025 12:18:39 PM 9 meeting.1 CHAIRMAN BAGOFF: Ms. McGovern.2 MS. McGOVERN: We've been delayed -- we've3 been delayed and delayed and delayed and we haven't met4 since September 3 was it, the last time. There's been a5 long layoff. It is a long time for these witnesses to6 be lined up and this has been, this has been scheduled7 for over a month, this special meeting.8 MR. AFRAN: I've stated that he informed me9 --10 MS. McGOVERN: It's actually not a special11 meeting. We moved our regular meeting to tonight so12 everybody could participate.13 MR. AFRAN: Would you rather I call Mr.14 Hudacsko and have him testify for three hours when I15 don't need him.16 MS. McGOVERN: No.17 MR. AFRAN: Obviously that's not what we18 want.19 MS. McGOVERN: That is a legal decision on20 your end, I understand that.21 MR. AFRAN: Right. We don't need him.22 MS. MCGOVERN: That's fine.23 MR. AFRAN: The only other witness would24 have been Mr. Walsh should be about 15 minutes. He is25 10 not the reason we are here without witnesses. We1 decided that Mr. Hudacsko won't be called and that --2 MS. McGOVERN: And is that your last3 witness, Mr. Walsh?4 MR. AFRAN: Subject to Mr. Goll --5 CHAIRMAN BAGOFF: Mr. Walsh is the last6 witness, unless you provide legal documentation to7 reasonably move the board to hear somebody after our8 experts, there's would be nobody else.9 MR. AFRAN: I doubt very much there's case10 law dealing with the narrow question of whether another11 expert can come in after the board expert files a report12 after the objectors -- the applicants case. But the13 case law's very clear that a reasonable opportunity must14 be given to any objector expert. Now, we haven't seen15 CME's report on this issue and it logically is a part of16 the file the board has an objector has the legal right,17 and I'll show you case law, stating there must be a18 reasonable ability to respond. You can't respond if you19 don't know about it.20 CHAIRMAN BAGOFF: Ms. McGovern.21 MS. McGOVERN: This isn't an objector22 expert, this isn't an applicant expert. It's the boards23 consultant expert who's going to give them the24 comparison of what the testimony is. Wrap it all up.25 11 MR. AFRAN: If you want to take that1 position Ms. McGovern, and it risks significant error if2 the board should approve the application.3 MS. McGOVERN: I'm going to disagree

y is. Wrap it all up.25 11 MR. AFRAN: If you want to take that1 position Ms. McGovern, and it risks significant error if2 the board should approve the application.3 MS. McGOVERN: I'm going to disagree with4 you. The Chairman has the power to run the meeting the5 way the Chairman sees fit and this has been clear to6 everybody.7 MR. AFRAN: It's been clear also --8 MS. McGOVERN: We are on meeting number 21.9 MR. AFRAN: It's been clear also since it10 was announced that CME would produce a report that we11 were reserving the right to call Mr. Goll back. Mr.12 Goll -- let me finish. Mr. Goll is the reason CME will13 be producing a report.14 MS. MCGOVERN: And I'm going to suggest why15 don't we see the report --16 MR. AFRAN: That's what I'm saying.17 MS. McGOVERN: -- and then you can make the18 argument if there's a significant argument that the19 Chairman, I'm sure will listen to whatever it is and the20 applicants attorney. We have to move this forward to21 collusion.22 MR. AFRAN: Well, it's going to a23 conclusion. We only have --24 MS. McGOVERN: We are wasting tonight is25 12 what's happening.1 MR. AFRAN: I told you yesterday Mr.2 Hudacsko is not coming.3 MS. McGOVERN: I didn't say --4 MR. AFRAN: Excuse me. I even said, I don't5 think we have any work to do. So -- and you told me the6 Chair wants to have a meeting. I gave notice we7 wouldn't be needing this meeting. There's nothing else8 I could do.9 MS. McGOVERN: This is our regular meeting.10 MR. AFRAN: Okay. So you have a regular11 meeting.12 MS. McGOVERN: You reserved notice in order13 to -- we do have one witness, we do have our board14 engineer who's going to report to us. There is work to15 be done tonight. Unfortunately we'll probably be over16 within 45 minutes maybe, if that.17 MR. AFRAN: Well, I'm certainly happy to18 call Mr. Hadacsko and testify for three hours just so we19 can say we filled the night up. I don't think that's in20 anyone's interest. It's in everyone's interest not to21 waste time and create a whole convoluted record when22 it's not necessary. Now, if you'd rather me bring a23 planner on when I don't need him just so we can say we24 don't waste the night, that would be rather absurd.25