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

7 of 55 sheets Page 25 to 28 of 144 01/14/2026 10:36:25 AM 25 Right.1 A. Okay.2 Q. Looks to me like the first e-mail is dated3 November 13, would that make sense to you?4 Something like that.5 A. Okay.6 Q. MR. AFRAN: Mr. Chairman, here's a copy of7 what I was just given.8 MS. McGOVERN: E-mail starting November 13,9 2025 and they end when?10 MR. AFRAN: There's an attachment also of a11 technical nature and the first one appears to be12 November 13 and they end Tuesday, December 9.13 MS. McGOVERN: And this is between?14 Mr. Kleinberg, they're between you on your end15 Q. and the Anderson people on the other end?16 Right. It was primarily an e-mail conversation17 A. between myself and Mark Seel of Langan and Mr. Anderson18 just copied on it. I didn't have any conversations with19 Mr. Anderson.20 MS. McGOVERN: So we're going to mark this21 as our next exhibit which is O-38. Okay. It's O-38 --22 no, it's more than that. It's the first e-mail too, the23 other ones, it's just piled on top. It's called e-mail24 from November 13, 2025 to December 9, 2025 between Mr.25 26 Kleinberg and Mark Seel at Langan. 17 pages.1 CHAIRMAN BAGOFF: She's going to do that2 now, Mr. Afran. So we'll have it shortly.3 MS. McGOVERN: Do you want to wait for that?4 MR. AFRAN: I think we should, to keep the5 record without jumping around.6 CHAIRMAN BAGOFF: We're going to take a7 five-minute break.8 (Whereupon, a short recess is taken.)9 CHAIRMAN BAGOFF: Back on the record.10 Mr. Afran, you have the floor, sir.11 We are now introducing O-38 -- document12 O-38, you want to describe what it is, please, or have13 the expert describe what it is?14 Do you have copy in front of you?15 Q. Yes.16 A. O-38, right? Why don't you -- I will let you do17 Q. that and then I will ask you some questions. Would you18 just describe what this -- you produced it upon my19 request a few minutes ago, so would you describe for the20 board what this document is, as generally as you can?21 What the document is, is an e-mail, it's pretty22 A. much a continuous e-mail chain beginning when we, after23 the very first meeting that I attended and was24 approached by Langan to get more detail on the request25 27 we had made for additional information. So it pretty1 much follows the conversation between myself and Mr.2 Seel and over the period since the first meeting that I3 attended and today and yesterday, I believe it

for additional information. So it pretty1 much follows the conversation between myself and Mr.2 Seel and over the period since the first meeting that I3 attended and today and yesterday, I believe it was.4 And, and in it he had submitted a series -- attached to5 it he had submitted his calculations addressing the6 issues that we had raised about infinite slope stability7 that -- we asked him to do additional calculations above8 what he had already submitted and so he -- so those9 calculations he submitted are attached at the back as a10 series of calculations and a reference that contains the11 equation that was used to perform the calculations. So12 it's pretty much every -- details of the discussions I13 had with him since I was on vacation around the 19th or14 20th and so I think there's a representative, Alejandra15 Mazier's names in there, she had been forwarding stuff16 back and forth to Langan in my absence.17 Now, you testified, if I am correct, and the18 Q. board Chair can correct me, on November 10, I believe,19 is that correct?20 On November, I believe that's when it was, yes.21 A. And these e-mails began two days after the22 Q. testimony, is that correct? On November 13.23 Yes.24 A. And after you testified you left here somewhat25 Q. 28 late in the evening, did you have any phone calls, zoom1 meetings or other verbal contact with Anderson2 Engineering, with anybody at Anderson or at Langan after3 you testified until you received the e-mail of November4 13?5 I think I had one conversation that included Mr.6 A. Anderson and Mr. Seel soon, around the 13th, which was7 to discuss the issues, you know, to discuss whatever8 questions they would have.9 Well, let me go back.10 Q. Before you got the e-mail from Paul Anderson on11 the 13th, before that, were there any discussions with12 you and anyone at Anderson or Langan after the day you13 testified?14 I am not sure.15 A. Do you keep a log of phone meetings, a record of16 Q. some sort, a diary of some sort at work?17 I usually, if a conversations important, I18 A. memorialize it.19 I assume you don't memorialize by e-mail, but by20 Q. some note in the file of some sort, is that correct?21 No, I just keep the e-mail record.22 A. Well, you e-mail yourself when you're23 Q. memorializing a phone call you had?24 No, I usually, I e-mail my supervisor at the25 A.