October 29, 2025, Planning Board Special Meeting - WEHI Transcript

25 of 59 sheets Page 97 to 100 of 149 11/19/2025 04:42:31 PM 97 I would like to know the answer, he said he could not1 answer, I think he said he should not answer, I would2 like to know the answers to the questions that were3 presented by the objectors attorney.4 CHAIRMAN BAGOFF: He is not testifying to5 the traffic engineering studies. He's testifying to the6 relationship to the RSIS, which is what we asked him to7 do.8 THE PUBLIC: I understand that, but you9 didn't get an answer. There were questions asked and as10 a taxpayer who pays for CME services to the township I11 want --12 CHAIRMAN BAGOFF: That's inappropriate. Let13 me clarify that the applicant pays for that through14 escrow. So let's just be clear. I want the public to15 understand this. The applicant pays for this through16 escrow funds.17 THE PUBLIC: Pays for this testimony?18 CHAIRMAN BAGOFF: Correct.19 THE PUBLIC: CME wrote reports that are now20 in question as to accuracy and I am saying to you that21 taxpayers, you, me and everyone here, pays for CME's22 services.23 CHAIRMAN BAGOFF: I want you to listen24 carefully.25 98 THE PUBLIC: I am not saying here, I am not1 saying in this case, but we pay for their services. We2 have an expert witness saying he doesn't know what a net3 opinion is.4 CHAIRMAN BAGOFF: Ma'am, I want you to5 listen to me for a second. Here this application is6 paid for through escrow funds, not through taxpayer7 funds. I want that to be clear. So please put that out8 there, that's inappropriate and inaccurate. The9 accuracy is he is paid for through escrow funds in this10 application for the planning board.11 THE PUBLIC: Thank you for your testimony,12 Mr. Bagoff. What I am saying to you is, we taxpayers13 pay for CME, maybe not here for this application.14 CHAIRMAN BAGOFF: Ma'am, the only --15 THE PUBLIC: CME is paid for by the16 township.17 CHAIRMAN BAGOFF: So we're accurate for the18 people listening here and on zoom. In this -- the thing19 that we're focussing on tonight, this application is20 paid for through escrow funds. That's it. Okay. Let's21 not bring anything else in.22 THE PUBLIC: CME is paid for by the23 applicant?24 MR. PLOCKER: I object to that25 99 characterization.1 CHAIRMAN BAGOFF: It's paid for through2 escrow funds and the town decides how to administer3 those escrow funds to our experts, which are4 independent. We pick, it's us, not the applicant.

erization.1 CHAIRMAN BAGOFF: It's paid for through2 escrow funds and the town decides how to administer3 those escrow funds to our experts, which are4 independent. We pick, it's us, not the applicant. We5 have we asked our engineer, or our planner, or whoever6 other expert we need to provide information that is7 unbiased. It is not to the left, it is not to the8 right, it is what they believe is the middle ground9 looking at the law, the ordinance or the statute and10 say, how does each apply to that. That's what we asked11 Mr. MacNeill and that's what he has done for us.12 THE PUBLIC: So Mr. MacNeill this evening I13 was watching cutoff the objectors attorney on multiple14 occasions stating that he was unwilling to answer a15 question that was presented to him.16 CHAIRMAN BAGOFF: There's testimony provided17 by the objectors and the applicant that would be better18 served for the public, if that's the question. However,19 the answers that we require from him tonight were given20 in relation to RSIS.21 THE PUBLIC: In your opinion?22 CHAIRMAN BAGOFF: That's correct.23 THE PUBLIC: But I know I've asked questions24 and --25 100 CHAIRMAN BAGOFF: I don't want to argue.1 You can ask another question, please. Go right ahead.2 THE PUBLIC: Thank you.3 So are you aware of any bills that you4 provided to the township to be paid by the township that5 don't come out of escrow funds, if you are aware? If6 you're aware CME bills the township for your services.7 THE WITNESS: So I'll answer it with, if you8 have any questions regarding the letter that I just read9 off I can answer those questions. Anything else is10 outside my role as the township planning board engineer.11 THE PUBLIC: And you're unwilling to answer12 questions like the basis, the law that, what the13 standards that you should apply, all of that, the14 standards that should be applied, because I know that15 was asked of you and your answer was, I believe, I am16 unwilling to answer that, that is a better question17 answered by the applicants expert?18 THE WITNESS: It's not my role as the19 planning board engineer to justify any information that20 the applicant has submitted. Again, I review against21 the local code and West Orange and I outline what does22 and does not comply.23 THE PUBLIC: And in your opinion you should24 not answer questions outside the scope of what you25