WIXLIB

RED HILL VALLEY PARKWAY INQUIRY1So, as of late 2012, early22013, were you aware of complaints, either past or3present, related to lighting or dark conditions on4the RHVP?5A.The street lighting group6receives many, many complaints and enquiries from7the public.8local residents on residential streets and on very9rare occasions we did receive some enquiries aboutThe mass majority of those are from10the lighting or lack of lighting on both the Red11Hill and the LINC, but nothing specifically of12note comes to mind for me in around this time13frame.14were receiving input at that point in time, so15very occasionally or very rarely, but yes.But just generally that's kind of how we1617Q.enquiries.And I think you saidDid you also receive complaints?1819A.Complaints and enquiries,Q.And how did thoseboth essentially.2021complaints and enquiries come in to your office?22Were those through phone calls, e-mails, passed on23through councillors?2425June 14, 2022A.ways.A variety of differentSo, direct from -- just speaking in generalPage 5241Arbitration Place(613) 564-2727(416) 861-8720

RED HILL VALLEY PARKWAY INQUIRYJune 14, 20221terms, they can come directly from councillors.2They can come from the City's customer contact3centre, which is, you know, the phone line that4residents are directed to.5line, or still have a phone line, specifically for6street lighting that residents can phone into, and7then of course there's the different conduits of8e-mails generally not to us but either through the9councillor's office or through the customer10We also had a phonecontact centre or the general inbox for the City.11Q.Thank you, Registrar.12can end that call out and if we could call up13HAM41413.14WeSo, following the January 1615Public Works Committee, the motion, Councillor16Collins's motion, was sent by Mr. White, Martin17White, to Ron Gallo and Mr. McGuire and a number18of other staff are also copied.19e-mail down at the bottom, you'll see, says:And Mr. White's20"Gord, please report on21the lighting upgrades."22A.Mm-hmm.23Q.Thank you, Registrar.24And then shortly thereafter you'll see in the25middle e-mail on the left-hand side, Mr. McGuirePage 5242Arbitration Place(613) 564-2727(416) 861-8720

RED HILL VALLEY PARKWAY INQUIRY1flipped it to you, so you received that motion2from Mr. McGuire on the 16th of January.34Do you recall receiving thismotion?5A.Not specifically, but6seeing it in front of me, obviously I know that it7occurred.89June 14, 2022Q.Was Mr. McGuire's e-mailthe first time you became aware of a lighting10investigation that council had directed on the Red11Hill?12A.I believe so, yes.13Q.So, the first item in the14motion that you received directed staff to15investigate the lighting upgrades, and then item 216was a direction for staff to investigate17reflective signage, lane markings and other18initiatives.19and 2 appear to be things that would assist20drivers in navigating dark conditions on the21roadway.22The measures listed in both items 1Do you agree?A.I viewed it as or I view23it as more of a safety related question, but24definitely within the realm of or within the25category of driver guidance and navigation.Page 5243Arbitration Place(613) 564-2727(416) 861-8720

RED HILL VALLEY PARKWAY INQUIRY1Q.2that?3related question?Okay.June 14, 2022Can you explainWhy did you view it more as a safety4A.Just going back to the5way that the motion was written, that, kind of,6the idea or the concepts there was about roadway7safety in general, navigation of motorists and8that sort of thing is more a safety type of9question than necessarily a street lighting,10solely a street lighting question, so those two11things in combination more to me relate to a12roadway safety question more than anything else.13Q.And Councillor Collins's14e-mail or, sorry, the e-mail that you received15from Mr. McGuire attached that e-mail from16Councillor Collins that we had just been looking17at.18So, Registrar, if we could19call up as a side by side HAM41414 and if you20could go to, I think, image 2 of that e-mail.21So, this is Councillor22Collins's e-mail and he says he's cut and pasted23some of the complaints below that reflected the24types of complaints that he had received.25summarize, the complaints are about people havingToPage 5244Arbitration Place(613) 564-2727(416) 861-8720

RED HILL VALLEY PARKWAY INQUIRYJune 14, 20221safety concerns regarding the lack of lighting and2the inability to see the lane markings and where3the lanes were on the roadway.4And so, as I read those5concerns that gave rise to the motion, they were6about safety but specifically about safety as it7relates to darkness and not being able to see on8the roadway.Is that fair?910A.That's fair, about drivercomfort and visibility for sure.11Q.And Councillor Collins's12motion and the motion that was brought approved by13the Public Works Committee was about what could be14done to improve driver comfort and visibility15within those dark areas of the Red Hill that he16had received complaints about?17A.Correct.18Q.Okay.Registrar, if we19could call out -- we can end the call out of20HAM41414 and if we could call out Mr. Field's21e-mail at the top.22So, the next day, on23January 17, you responded to Ron Gallo and you24copied Mr. McGuire and Mr. Kirchknopf and you25wrote:Page 5245Arbitration Place(613) 564-2727(416) 861-8720

RED HILL VALLEY PARKWAY INQUIRYJune 14, 20221"Ron, after discussing2this with Gord and Gary,3it is our opinion that4the safety issue should5be reviewed holistically.6Therefore, the7consultant's scope should8encompass street lighting9review and what10countermeasure benefits11would be attributed to12adding lighting.13can imagine, adding14lighting would be15supremely expensive and16before we consider it, we17need to determine what is18the best solution.19you and I discussed, if20traffic is going to21proceed with contracting22a consultant, then please23include me in the contact24information to assist in25defining the projectAs youAsPage 5246Arbitration Place(613) 564-2727(416) 861-8720

RED HILL VALLEY PARKWAY INQUIRY1scope."2The Gary you're referring to3here, I take it based on who is copied, is4Mr. Kirchknopf.Is that right?5A.That's correct.6Q.And why had you spoken7with Mr. Kirchknopf and Mr. McGuire?89June 14, 2022A.Gary Kirchknopf was mydirect supervisor and Gord was my manager.10Mr. Kirchknopf has a traffic background as well11and previous to at that point in time looked12after, I believe, community traffic for the City.13Q.And you reference a14discussion that you had had with Mr. McGuire and15Mr. Kirchknopf.16discuss?17What did the three of youA.I do not recall18specifically what we discussed in that moment, but19it would have been revolving around our -- how we20would undertake or respond to the motion and what21that plan would look like, whether in this case,22you know, inadvertently it was from Martin White23that those two things would be separated, so the24review of lighting and the review of signage and25pavement markings were separate, so thisPage 5247Arbitration Place(613) 564-2727(416) 861-8720

RED HILL VALLEY PARKWAY INQUIRY1discussion that we had was the basis of this2e-mail here, that it was our opinion that those3two things should be grouped together within one4consultant assignment to be looked at5comprehensively or together.6Q.And the safety issue,7what did you mean by that?8issue that you were referring to?9A.What was the safetyAgain, driver navigation10and driver comfort is what I would view as a11safety discussion, so that's what that's making12reference to.13theme of the motion is still within the realms of14traffic safety.15Overall, it's still, you know, theQ.And reviewed16holistically, I think that's what you've told us.17It was about the traffic piece and the lighting18piece and looking at them together?19A.Correct.20Q.What other factors did21you think could or would be included in the22consultant review, the scope of the consultant23review?2425June 14, 2022A.In terms of the trafficengineering side or the traffic safety side, myPage 5248Arbitration Place(613) 564-2727(416) 861-8720

RED HILL VALLEY PARKWAY INQUIRYJune 14, 20221focus was strictly on the lighting.2within the traffic safety realm, lighting is3considered a countermeasure, the same as signage4and pavement markings are, so the holistic5approach speaks to, you know, equal consideration6of lighting within the same ideals of pavement7markings and signage, all to do with roadway8safety, navigation and driver comfort.9Q.However,And when you talk about10in the last sentence of the first paragraph, "We11need to determine what is the best solution,"12lighting might be a solution, but there would be a13number of solutions considered.14summary of what you're saying there?Is that a fair15A.Yeah, that's correct.16Q.And you understood that17lighting might be a consideration, based on the18scope of the motion, that lighting would be19something that would be included?20A.Absolutely.21Q.And so, this is about22five years, just a little over five years, after23the Red Hill opened.24Red Hill lighting since it had opened to the25public?Was this the first review ofPage 5249Arbitration Place(613) 564-2727(416) 861-8720

RED HILL VALLEY PARKWAY INQUIRY1A.June 14, 2022I believe so.Within my2timeframe at the City, from 2008 until this point,3there had not been any lighting studies conducted4on the Red Hill.5what was conducted previous to my time at the6City.78I don't have any insight intoQ.But since you started in2008, this was the first?9A.Yes.10Q.And you told us before11that your office received some but rare enquiries12and complaints about Red Hill lighting.13have any concerns that an investigation into14lighting might reveal any concerns about the15lighting on the Red Hill?16A.Concerns, no.Did youI didn't17have any predetermined concerns or opinion on the18what it would or wouldn't reveal.19Q.And, Registrar, if we can20close out this call out and call up overview21document 6, pages 9 and 10.22paragraph 15 and 16.23If we could call outSo, on January 23, this is24about a week later, on January 23, 2013, you25attended a meeting about implementing the PublicPage 5250Arbitration Place(613) 564-2727(416) 861-8720

RED HILL VALLEY PARKWAY INQUIRYJune 14, 20221Works motion and the other attendees listed, and2you'll see in the first call out, Martin White,3Mr. Gallo, Mike Cosentino, Stephen Cooper and4Stewart Lloyd.5And, as it describes in this6paragraph, Mr. Cooper was assigned to be the7project manager and as part of that he would8develop the RFP for the project, assign a9consultant from the City's roster and obtain a10purchase order.11So, you're listed as one of12the attendees.13meeting?14Do you recall attending thisA.I don't have a specific15recollection of attending this meeting, but seeing16the meeting minutes in preparing for today, I17don't disagree that I was not at this meeting.18Q.19excerpts of the minutes that are in this20paragraph, there's a number of considerations that21are listed there for the RFP.22Mr. Cooper -- as it says, Mr. Cooper was the23project manager.2425And in, sort of, theAnd it says thatYour role on the project wasto oversee the lighting aspects of the review?Page 5251Arbitration Place(613) 564-2727(416) 861-8720

RED HILL VALLEY PARKWAY INQUIRY1A.June 14, 2022I wouldn't define it as2oversee.3providing information and representing street4lighting since they were in two different5divisions, traffic and engineering services were6two different divisions, so providing information7and aid in the undertaking of the assignment.89I viewed myself as a stakeholder andQ.Okay.understanding of your role.So, that's yourYou were there to10provide information to the traffic staff, because11they didn't have the background in lighting.12that fair?Is13A.14background in lighting, I agree, from an15engineering and construction and operations and16maintenance perspective.17have an understanding of lighting as it pertains18to roadway and traffic safety.19their course work that they take when they attend20college.21Q.They don't have aThat's true.They doThat's part ofAnd, as I understand it,22of the people that were at this meeting, you were23the only staff in the lighting group.24right?25A.That's correct.Is thatTherePage 5252Arbitration Place(613) 564-2727(416) 861-8720

RED HILL VALLEY PARKWAY INQUIRYJune 14, 20221were only two of us in the lighting group at that2time.3I was the person looking after the engineering4design and then my counterpart, his name was5Mr. Peter Locs or that's still his name, sorry, he6looked after operations and maintenance.7since this is more related to, you know, the8provision of adding lighting, that is more within,9you know, the guise of engineering andWell, two full-time staff and two students.So,10construction that is more so an operations and11maintenance.12Q.And in terms of who was13involved in the project and your role as compared14to the traffic staff, given that you had a15background in lighting, did you see yourself as16sort of the driver of discussions around providing17information or, sort of, the responsibility for18that piece?19A.Yes and no.My20responsibility or my role on the team was to21provide information as far as what the engineering22standards were for the City, how we design and23construct street lighting, but in terms of24selecting lighting as a possible inclusion25countermeasure amongst all of the otherPage 5253Arbitration Place(613) 564-2727(416) 861-8720

RED HILL VALLEY PARKWAY INQUIRYJune 14, 20221countermeasures for consideration that would be2looked at part of the study, that was not my role.3That was the traffic engineering folks.4their responsibility.5Q.That wasSo, did traffic, to your6understanding, did traffic have the full authority7to make the ultimate staff recommendations and you8were not a decision maker?9characterize your role?10A.Is that how you wouldIn terms of if the11outcome of the study recommended lighting, for12sure that is completely within their realm of13authority, and then my role at that point in time14would be to implement that recommendation.1516Q.Thank you.Okay.And inthe second last note there, it says:17"Mike Field to provide18street lighting review19strategy to Steve."20What did that mean?21A.I wasn't the author of22these minutes and I don't recall the meeting23specifically, but I would take this as providing24from the engineering perspective of how lighting25standards are applied, how construction practices,Page 5254Arbitration Place(613) 564-2727(416) 861-8720

RED HILL VALLEY PARKWAY INQUIRYJune 14, 20221built environment things are applied, and that2would be as far as providing that information into3the project team to give them some insight into,4you know, the design and implementation of5lighting.6item there.7That's the way that I view thatQ.And I've skipped a little8bit lower down in that call out, but where it9says, the fourth item down, "is lighting10suitable?"11A.Right, correct.12Q.What does that mean?Is13the existing lighting, so the non-continuous14decision point lighting on the Red Hill, was that15suitable?16A.Agreed.That's what I17view it as, is the question is:Is the existing18lighting configuration suitable?19frame as the one above, is signage suitable, the20existing signage on the Red Hill as well.21Q.In the sameAnd of those other items22listed under RFP Considerations, based on your23role, did any of these apply to you?24A.No, they did not.25Q.And in paragraph 16, itPage 5255Arbitration Place(613) 564-2727(416) 861-8720

RED HILL VALLEY PARKWAY INQUIRY1June 14, 2022says:2"The minutes also record3that the final report was4to contain recommended5improvements/alternatives6to lighting, signing and7marking with associated8costs."9Does that refer -- where it10says the final report, is that the final11consultant report?12A.I believe so.13Q.And presumably also theA.I believe this is in14final staff report?1516reference to the consultant report.17discussion about the terms of reference for the18RFP.19Q.This was aAnd that was your20understanding, that the consultant's report would21provide the recommended improvements and22alternatives to what's listed there, and that23included lighting?24A.Correct.25Q.And, Registrar, if wePage 5256Arbitration Place(613) 564-2727(416) 861-8720

RED HILL VALLEY PARKWAY INQUIRYJune 14, 20221could close this out and call up the minutes.2There's one piece that's not excerpted in the3overview document.45So, that's HAM427.So, under item 1.3, which isdescribed as the study area, it says:6"Mainline limits of7Dartnall ramp to8Greenhill ramp in both9directions, as well as10Stone Church ramp."11A.Correct.12Q.So, the study area13included the ramps and the mainline?14A.Based on this, that's15correct, and I think that's in alignment with the16motion that was written and directed, direction17received from council.18Q.Right.The motion19directed staff to review the ramps and the20mainline?21A.It wasn't as specific as22ramps and mainline, but I believe it was talking23about this general area of this interchange.2425Q.But as I read that note,that's how staff that were at this meeting,Page 5257Arbitration Place(613) 564-2727(416) 861-8720

RED HILL VALLEY PARKWAY INQUIRY1including you, interpreted that motion.2fair?3A.June 14, 2022Is thatI'm not too sure if this4would be my interpretation of it specifically.5don't recall the meeting.6captured within these minutes here by the minute7taker.89Q.IBut that is how it'sAnd I take it, basedon -- okay.10And then, Registrar, if we11could end this call out and call up overview12document 6, page 10, paragraph 17.13So, this is the day after that14meeting.This is January 24 and Ms. Cameron15advised you, Mr. McGuire and Mr. Moore that16John Mater and his group would be taking the lead17on the motion and they would report back to the18Public Works Committee.19So, Mr. Mater's group was the20traffic group and that was the group you had met21with the day before?2223Part of that group,Q.And Mr. Cooper,correct.2425A.Mr. White, Mr. Gallo, they were all in the trafficPage 5258Arbitration Place(613) 564-2727(416) 861-8720

RED HILL VALLEY PARKWAY INQUIRY1June 14, 2022group?2A.That's correct.3Q.And I probably should4have asked you this before, but do you know how or5why the motion was assigned to Mr. Mater's group6rather than to your group in lighting or jointly7between your groups?8that decision happened, if you know?9Can you just explain howA.OBL items typically don't10go to an individual.11the director level anyway.12in general terms.13directors and they choose who that OBL is assigned14to in the Public Works department.15They're reviewed by -- atThis is just

TRANSCRIPT OF PROCEEDINGS HEARD BEFORE THE HONOURABLE J. WILTON-SIEGEL held via Arbitration Place Virtual on Tuesday, June 14, 2022, at 9:30 a.m. VOLUME 30 . 73 E-mail from Mr. Field to 5429 Ms. Cameron on November 21, 2018, HAM64285. 74 Capital budget sheet, HAM44429. 5429 75 Report from November 13, 2017 5463 .