January 14, 2026, Planning Board Special Meeting - WEHI Transcript

02/03/2026 04:49:05 PM Page 45 to 48 of 122 12 of 53 sheets 45 some additional documents, I discussed this with Ms.1 McGovern, it was agreed, Mr. Plocker wasn't part of it,2 I'm sure he has no objection, that we are not done at3 the end of public comment, exhibits that aren't properly4 marked can be identified and we suggest doing that at5 the end of public comment.6 MS. McGOVERN: Somebody thinks something was7 supposed to have been on the agenda that was marked that8 somehow didn't get on the agenda, then bring the9 document and we'll search to see why we don't have it.10 Or why we didn't have it. We are not introducing new11 testimony, testimony is closed, we are now going to12 public comment.13 MR. AFRAN: But as far as --14 MS. McGOVERN: But we will go through15 organizational matters of evidence. We'll make sure we16 have all of the evidence that we're supposed to have in17 the record.18 MR. AFRAN: Yeah, I am not entirely sure I19 agree with one point, Ms. McGovern. Public comment is20 also evidence and a member of the public can introduce21 evidence if they choose to.22 MS. McGOVERN: Their five minutes they can23 make that presentation and, yes, yes, it is evidence,24 but it's not cross-examination. There is no questions25 46 back and forth.1 MR. AFRAN: I have no intention of2 cross-examining anyone in West Orange again.3 MS. McGOVERN: All though I misspoke, I4 think if the attorney for the applicant would like to5 cross-examine a person making a public comment.6 MR. PLOCKER: I believe the Land Use Law7 states that, but I don't intend to.8 MS. McGOVERN: Okay.9 MR. AFRAN: It's discouraged.10 MS. McGOVERN: But public comment means the11 people are not questioning, they're giving comment.12 MR. AFRAN: Right.13 THE PUBLIC: Is there a procedure where we14 go through or you go through all the exhibits in15 evidence before you close the record and public comment16 starts?17 CHAIRMAN BAGOFF: No. Public comment is18 going to start now.19 THE PUBLIC: That wasn't my question. Is20 there a process by which all the evidence and documents21 submitted --22 CHAIRMAN BAGOFF: Yes, we'll be doing that23 throughout the couple of weeks and go through Jamilet24 and if somebody finds something they believe, as Ms.25 47 McGovern said, should have been on the record, we missed1 it, we will review it and if it's presented it would be2 put on the agenda.3 THE PUBLIC: How is

body finds something they believe, as Ms.25 47 McGovern said, should have been on the record, we missed1 it, we will review it and if it's presented it would be2 put on the agenda.3 THE PUBLIC: How is somebody being a part of4 the public actually have something you didn't review,5 how would we know?6 CHAIRMAN BAGOFF: They present it to Jamilet7 who will give it to the board attorney.8 THE PUBLIC: Does that review go on to the9 public, is my question?10 MS. McGOVERN: The public has the agenda,11 all of the documents are on there.12 THE PUBLIC: What's missing on the agenda is13 the point. That's my point.14 MS. McGOVERN: We don't know what's missing15 unless somebody brings it to our attention.16 THE PUBLIC: Okay. Thank you.17 CHAIRMAN BAGOFF: Thank you.18 THE PUBLIC: Good evening, Mr. Chairman. In19 light of that, what we were just talking about, I have20 two documents.21 CHAIRMAN BAGOFF: Sir, state your name.22 THE PUBLIC: Jack McElroy. It's not public23 comment yet. I am just adding to what Mr. Pannullo just24 did. These are documents submitted previously --25 48 CHAIRMAN BAGOFF: You said, we, who is we?1 THE PUBLIC: That were previously submitted2 in the July meeting. You don't have these minutes3 online, so I couldn't get the exact date, but these are4 documents that were submitted by the Verona Planning5 Board attorney Mr. Mascera.6 MS. McGOVERN: They're on the agenda.7 THE PUBLIC: They're not listed on the8 website on all the documents you have.9 CHAIRMAN BAGOFF: What's the date, sir?10 THE PUBLIC: One is the July meeting, but11 again, since the minutes aren't put up I didn't have the12 exact --13 MS. McGOVERN: The minutes are all there.14 You got the last one today from December, so that was15 there too.16 THE PUBLIC: The documents are September 25,17 Verona Planning Board resolution.18 MS. McGOVERN: Yeah, O-20, Verona --19 No, that's the Verona Environmental20 Commission.21 CHAIRMAN BAGOFF: The resolution number 202422 resolution.23 MS. McGOVERN: Resolution November 7, 198424 from West Orange Planning Board and Oval Road. Okay, I25