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

02/03/2026 04:49:05 PM Page 5 to 8 of 122 2 of 53 sheets 5 to divvy it out right this second. Okay.1 MR. AFRAN: Yeah. One of the other issues,2 Mr. Chairman, would be that some of this contains3 information that the applicants engineer, Langan,4 provided of a factual nature but they haven't testified5 to it and it's not under oath, so that's why I am not6 necessarily offering it into evidence at this point,7 because it wouldn't really be proper, but I am going to8 cross-examine him to some degree on this document, which9 is Objectors ID-1.10 CHAIRMAN BAGOFF: Great. Go right ahead,11 Mr. Afran.12 MR. AFRAN: Thank you.13 Good evening, Mr. Kleinberg.14 Q. Good evening.15 A. And as I mentioned earlier to you on the side16 Q. during the executive session, I am sorry we had to bring17 you back, but the additional e-mails that were exchanged18 between your company and Langan provoked some additional19 questions and rather than leaving open doors I'd rather20 just close them, to the extent we can. So thank you21 very much for coming back.22 Understood.23 A. There were -- you provided a set of e-mails to24 Q. the board clerk or -- well, Ms. McGovern, the board25 6 attorney, and that was in response largely to the1 request I made in the last meeting in which you2 indicated there had been e-mail exchanges between CME3 and Langan with respect to geotechnical issues that you4 were retained to do an independent evaluation.5 Now, you indicated there were certain numbers,6 you didn't know all of them at the time we last met, and7 during the holiday break you would seek them out and8 provide them. Did you provide everything that would9 relate, in your understanding, to the geotechnical10 discussions between yourself and the Langan staff?11 I did.12 A. And so this closes up the gap, so to speak, in13 Q. terms of what else may have been missing?14 MS. McGOVERN: I'm going to object to15 something being missing in terms of --16 MR. AFRAN: No, I'm sorry. I'll rephrase17 it.18 In terms of things that were exchanged -- strike19 Q. that.20 Are you aware of anything else that reflects21 communication between CME and Langan concerning your22 independent evaluation besides what's been produced?23 I am not.24 A. Thank you.25 Q. 7 Now, in what's marked -- what you have in front1 of you is marked Objectors Exhibit for identification2 number 1. And it's -- the top document is an

s been produced?23 I am not.24 A. Thank you.25 Q. 7 Now, in what's marked -- what you have in front1 of you is marked Objectors Exhibit for identification2 number 1. And it's -- the top document is an e-mail3 from Mark Seel to yourself and others stating Wehi,4 W-E-H-I, dated December 9, 2025 at 4:52 PM referencing5 Miao, M-I-A-O, I maybe pronouncing the professors name6 incorrectly, and referencing Stevens. Do you see the7 top part of the document?8 You mean item number one?9 A. No. I will point to it.10 Q. Yes.11 A. And you see at the top where it's addressed and12 Q. identified with the date and subject, roughly what I13 just read out loud, is that correct?14 That's correct.15 A. Okay. Good. I want to make sure we're working16 Q. from the same document.17 Now, that's the last series of e-mails in this18 document and they go back earlier to an e-mail that was19 attached at the very back dated November 13 referencing20 a conference call for the next day. We talked about21 that at one of the last meetings, that particular22 document?23 We did.24 A. Yes.25 Q. 8 Now, if you scroll forward from that last page1 you will eventually come to an e-mail dated November 26,2 2025 from Alejandra Mazier to Mr. Seel and that's Mark3 Seel, S-E-E-L, of Langan. And that's just stating, Good4 morning, Mark. Thank you for sending the ala graphs.5 Could you please, I'm paraphrasing, could you also6 please send the input an output tiles that detail any7 soil parameters and slope conditions assumed for all8 cases. And that's the e-mail at the bottom of that page9 dated November 26.10 Now, on top of that is a reply later that same11 day from Mr. Seel to Alejandra stating, he is not quite12 sure what she is asking for. Could you give me a call.13 And then if you turn to the next page there is a14 follow-up e-mail on the same day, this time at 2:04 from15 Alejandra to Mr. Seel, stating, Hi, Mark. We want16 prints of actual input data that you used to generate17 the slopes. Is that clearer? And you see those18 e-mails, that chain, that's background of what I am19 going to ask you about.20 Then on the 26th, Alejandra writes, Thank you for21 the info, Mark. And then if we go to the next page22 there's an e-mail dated November 26 at 4:54, and that's23 from Alejandra and she says to Mark, Understood. Thank24 you, Mark. Sam will get in touch with you on Monday in25