November 10, 2025 Planning Board Special Meeting - WEHI Transcript

king.15 I am near the microphone. We are asking that we be able16 to publish a date and time certain for public comment to17 begin when people come. They know when to come.18 CHAIRMAN BAGOFF: December 3.19 THE PUBLIC: There's closed session first.20 There's a closed meeting before. People get here 7:0021 o'clock they sat here four hours tonight. Okay.22 Because the public can show up we would like to be in a23 position to say on a time and date certain this is when24 public comment will begin.25

27 of 28 sheets Page 105 to 108 of 112 01/05/2026 03:19:18 PM 105 CHAIRMAN BAGOFF: December 3.1 MR. AFRAN: I want to clarify, if people are2 here first session --3 COUNCILWOMAN SCARPA: I don't think this is4 fair to board members like me who cannot be here. This5 is not fair to me as a board member because I would like6 to be here and I would like to hear all the testimony7 and I can't be here.8 MR. AFRAN: And the reactions of a witness9 not just the words on paper are fundamental for10 evaluating their credibility. Those board members who11 are working and can't here in the afternoon miss that12 and there's no way to replace it. It's not appropriate13 to do it in the afternoon and continue as it's been.14 CHAIRMAN BAGOFF: Don't tell me what's15 appropriate and not.16 MR. AFRAN: I am stating as a matter of law,17 equity and my clients interest.18 CHAIRMAN BAGOFF: Matter of law -- please19 provide the law that states that the board cannot pick a20 time.21 MR. AFRAN: The board normally meets at22 night, people have been coming here for a year and a23 half at night.24 CHAIRMAN BAGOFF: We've had meetings at25 106 6:30, 6:00 o'clock. The board has met different times.1 MR. AFRAN: That's at night when people are2 done with work or taking care of their children and3 there's other spouses.4 CHAIRMAN BAGOFF: Mr. Afran, people said5 they can't come at night, so we have had a little of6 everything.7 MR. AFRAN: That's fine. I'm just saying I8 think you need to be willing to have another night. I'm9 also concerned what your councilwoman just said. She's10 now, after a year and half of this, we're rushing to11 finish, not that we haven't been doing the job properly12 all along, but now we're trying to get it done by13 squeezing in an afternoon session on a critical witness14 and at least one or more members won't see that witness15 and his reactions. That's a problem.16 CHAIRMAN BAGOFF: I don't think that we're17 rushing anything after 23 meetings.18 MR. AFRAN: I didn't say that. I said we're19 rushing to squeeze this in.20 CHAIRMAN BAGOFF: You want the court21 reporter to read that back to you.22 MR. AFRAN: I said, not that we have not23 been using our time well, I added that in. So please24 don't alter what I said.25 107 CHAIRMAN BAGOFF: You used the word rushing.1 We are not rushing.2 MR. AFRAN: Every single session in this3 case has been at night, now we're getting to

t in. So please24 don't alter what I said.25 107 CHAIRMAN BAGOFF: You used the word rushing.1 We are not rushing.2 MR. AFRAN: Every single session in this3 case has been at night, now we're getting to a critical4 witness whom you said Mr. Bagoff -- Dr. Bagoff, was an5 independent witness who is going help us resolve this6 and now we're doing it in the afternoon when one or more7 board members can't be here. If this witness is as8 critical as you said, why are we not doing it at the9 regular time?10 CHAIRMAN BAGOFF: Regular meeting, so we'll11 do December 3 at 6:00 o'clock and there will be other12 business to be done.13 MR. AFRAN: At least -- so we're going to14 start this witness?15 CHAIRMAN BAGOFF: One person at a time.16 MR. CARDOZA: In that case public comment17 would be unlikely on December 3.18 MR. AFRAN: I know. It would be unlikely to19 do public comment, we need another night. But I think20 that's better than having members not being here and21 having members of the public having to leave after many22 hours.23 MR. CARDOZA: The intent was for it to have24 a positive impact, the reaction was unexpected.25 108 MR. AFRAN: I didn't mean that, but I have1 to point out something. I have clients who for a year2 and half have been told repeatedly, you can't say3 certain things because your public comment time will4 come. They came here last time for an announced public5 comment but it couldn't happen. So they have been told6 repeatedly, no, you can't say that now. Your time will7 come. That time has to be done in a way that avoids8 problems, that's what I'm saying. And I didn't mean to9 be that energetic in what I said, but I have clients who10 expect that interest to be defended.11 CHAIRMAN BAGOFF: On December 3 the board12 has other business, we will try and get to public13 comment. That's the best we could do. We do have other14 business.15 MR. AFRAN: I know.16 CHAIRMAN BAGOFF: Okay.17 THE PUBLIC: Can I ask a point of18 clarification.19 CHAIRMAN BAGOFF: Not yet, please. Enough20 cross talk.21 The next regular Planning Board meeting will22 December 3 at 6:00 o'clock in council chambers. Okay.23 Now, go right ahead, sir.24 THE PUBLIC: I want to ask, I want to make25

01/05/2026 03:19:18 PM Page 109 to 112 of 112 28 of 28 sheets 1 0 9 s u r e I u n d e r s t a n d e x p e c t a t i o n s t h a t w e w i l l b e a b l e t o ,1 t h e p u b l i c c a n a s k q u e s t i o n s t o t h e t e s t i m o n y t o n i g h t2 a n d t h e n l a t e r , i f t h e r e i s t i m e , t h e r e w i l l b e p u b l i c3 c o m m e n t ?4 C H A I R M A N B A G O F F : I f t h e r e i s t i m e t o h a v e5 c o m m e n t s w e w i l l . I f n o t w e w i l l h a v e a n o t h e r m e e t i n g6 t o a s k M r . K l e i n b e r g q u e s t i o n s . W e a r e g o i n g t o t r y t o ,7 a g a i n , w e h a v e o t h e r r e g u l a r b u s i n e s s . O k a y . S o w e a r e8 g o i n g t o t r y a n d a c c o m m o d a t e e v e r y b o d y f o r e v e r y t h i n g .9 M R . A F R A N : T h a n k y o u .10 M R . C A R D O Z A : P o i n t o f c l a r i f i c a t i o n . S o11 t h e c o n c e r n s e e m s t o b e t h a t , y o u k n o w , y o u w a n t a12 d e f i n i t i v e d a t e w h e n w e ' r e s a y i n g t h i s i s t h e b e g i n n i n g13 o f p u b l i c c o m m e n t . I f t h e p u b l i c c o m m e n t b e g i n s a t t h e14 e n d o f o t h e r b u s i n e s s t h e y ' r e c e r t a i n l y w i l l b e a n o t h e r15 d a t e t h a t s p e c i f i c a l l y s a y s t h i s i s p u b l i c c o m m e n t .16 T H E P U B L I C : T h a t w o u l d b e w o n d e r f u l . A n d I17 j u s t h a v e a q u i c k q u e s t i o n . I s t h e r e a n y v i s i b i l i t y t o18 i f D e c e m b e r 3 i s a m e e t i n g , i t w i l l b e a m e e t i n g , i s19 t h e r e a n y i d e a t h e r e m i g h t b e o n e m o r e t h i s y e a r a t20 l e a s t ?21 C H A I R M A N B A G O F F : W e d o n ' t k n o w . W e h a v e t o22 a r r a n g e f o r t h e z o n i n g o f f i c i a l s , w e h a v e t o s e e i f t h e23 c o u n c i l c h a m b e r i s a v a i l a b l e , s o w e ' r e w o r k i n g o n i t .24 M R . A F R A N : T h a n k y o u v e r y m u c h f o r a l t e r i n g25 1 1 0 t h e s c h e d u l e . A p p r e c i a t e i t .1 ( H e a r i n g c o n c l u d e s a t 1 1 : 1 0 P M . )2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 1 1 C E R T I F I C A T E1 I , E R I C S . F I S H M A N , a S h o r t h a n d R e p o r t e r2 a n d N o t a r y P u b l i c o f t h e S t a t e o f N e w J e r s e y d o h e r e b y3 c e

23 24 25 1 1 1 C E R T I F I C A T E1 I , E R I C S . F I S H M A N , a S h o r t h a n d R e p o r t e r2 a n d N o t a r y P u b l i c o f t h e S t a t e o f N e w J e r s e y d o h e r e b y3 c e r t i f y t h a t t h e f o r e g o i n g i s a t r u e a n d a c c u r a t e4 t r a n s c r i p t o f t h e t e s t i m o n y a s t a k e n s t e n o g r a p h i c a l l y b y5 a n d b e f o r e m e a t t h e t i m e , p l a c e a n d o n t h e d a t e6 h e r e i n b e f o r e s e t f o r t h , t o t h e b e s t o f m y a b i l i t y .7 I D O F U R T H E R C E R T I F Y t h a t I a m n e i t h e r a8 r e l a t i v e n o r e m p l o y e e n o r a t t o r n e y n o r c o u n s e l o f a n y o f9 t h e p a r t i e s t o t h e a c t i o n ; a n d t h a t I a m n e i t h e r a10 r e l a t i v e n o r e m p l o y e e o f s u c h a t t o r n e y o r c o u n s e l ; a n d11 t h a t I a m n o t f i n a n c i a l l y i n t e r e s t e d i n t h e a c t i o n .12 13 14 ---------------------15 E R I C S . F I S H M A N , S . R .16 17 18 19 D a t e d : _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _20 21 22 23 24 25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 112 SIGNATURE PAGE/ERRATA SHEET WITNESS: CASE REFERENCE: INSTRUCTIONS TO WITNESS After you have read your transcript, please note any errors in transcript on this page. Do not mark on the transcript itself. Please sign and date this sheet as indicated below. If additional lines are required for corrections, attach additional sheets. ---------------------------------------------------------------------------------------------- ERROR OR AMENDMENT/REASON FOR CHANGE ---------------------------------------------------------------------------------------------- Page Line ---------------------------------------------------------------------------------------------- I have read my transcript and subscribed to its accuracy, to include the corrections or amendments noted above or hereto attached: ---------------------------------------------------------------------------------------------- Signature of Witness Date