December 10, 2025, Planning Board Special Meeting - WEHI Transcript

01/14/2026 10:36:25 AM Page 37 to 40 of 144 10 of 55 sheets 37 was your number one finding that you were conveying to1 them after your discussion and you expressed an2 emotional reaction, "we are surprised that the analysis3 for seepage parallel to the slope would yield an FS on4 the order of 1.5." So this was a qualitative discussion5 you sent on November 14 to the other side after your off6 the record ex parte phone meeting, isn't that correct?7 That's correct.8 A. And at any point between November 13 and the time9 Q. you sent the November 14 e-mail, did you call Mr. Goll?10 No, I never called Mr. Goll.11 A. Did you e-mail Mr. Goll?12 Q. No, I never had any correspondence or13 A. conversation with Mr. Goll.14 Did you e-mail me?15 Q. No.16 A. Did you call me?17 Q. MR. PLOCKER: Did you e-mail him first? Did18 Mr. Goll e-mail him? Did he contact him?19 MR. AFRAN: I didn't know they were having20 private off the record discussions that I need to probe,21 Mr. Plocker. Perhaps your client should've informed us22 of the fact this was undergoing.23 MR. PLOCKER: Mr. Afran --24 MR. AFRAN: Perhaps Mr. Plocker's client25 38 should've informed us about these ex parte discussions.1 MR. PLOCKER: Bruce, stop. Nothing that2 occurred here is unusual or illegal.3 MR. AFRAN: I --4 MR. PLOCKER: You have to let me finish,5 Bruce.6 MR. AFRAN: Go right ahead, Bryan. Continue7 losing your temper.8 MR. PLOCKER: Everybody thinks this is so9 funny, but --10 MR. AFRAN: I don't think it's funny,11 believe me. I don't think it's funny.12 CHAIRMAN BAGOFF: Okay. Gentlemen, the13 board will listen and the board will decide.14 MR. PLOCKER: Bruce, you know what, you've15 been doing job that we've been very pleased with, so I'm16 just going to let you continue.17 MR. AFRAN: All right, Bryan. Thank you.18 MR. PLOCKER: Thank you.19 CHAIRMAN BAGOFF: Go right ahead.20 You didn't call me or e-mail me either, did you?21 Q. No, I didn't know you.22 A. You had already testified, you were23 Q. cross-examined by me.24 Yeah, but I didn't even know your name.25 A. 39 It didn't even occur to you that there's a lawyer1 Q. on the other side who might want to know about these2 private discussions with the other sides experts?3 I understand the purpose of my service was to4 A. explain to the Planning Board what the two technical5 arguments were. I pointed out that neither engineer had6 addressed a heavy rain

sides experts?3 I understand the purpose of my service was to4 A. explain to the Planning Board what the two technical5 arguments were. I pointed out that neither engineer had6 addressed a heavy rain fall ground fall incident and7 then I pursued to have a technical discussion with the8 applicants engineer on, on that particular -- he didn't9 agree that they needed to be done. We hadn't received10 the set of drawings, that's why I said I was surprised,11 because you don't usually get numbers that high in that12 type of analysis. And, and when I did receive the13 drawings before the last, the previous meeting, I14 determined that the reason that the numbers were so sigh15 is that he didn't, he didn't raise the water level as16 high as we thought it should be set. And so we asked17 him to do additional calculations, which you have18 attached to that document.19 That came in a few weeks ago?20 Q. Came in --21 A. Ten days ago?22 Q. Friday.23 A. Friday?24 Q. Yeah.25 A. 40 Well actually until just now I didn't know there1 Q. were additional calculations that came in.2 No, because this was a discussion I thought I was3 A. required, because we had requested additional documents4 and so we were having discussions about the additional5 documents that we had requested.6 Now, you said you were surprised. Let me ask you7 Q. this. FS is Factor of Safety, correct?8 Correct.9 A. And you say here you, "were surprised that the10 Q. analysis for seepage parallel to the slope" we'll go11 into what that is in a moment, "would yield a Factor of12 Safety of 1.5." That's what you're say in here?13 Correct.14 A. You were surprised the Factor of Safety needed to15 Q. be that high, meaning up to 1.5?16 No. No.17 A. What are you saying?18 Q. I was surprised he would give a result that high.19 A. Okay.20 Q. So you were expressing your own engineering21 opinion about his result in this e-mail, correct?22 Correct.23 A. Okay.24 Q. Now, what do you mean by, "We agree --" what did25