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Jon Christensen
Guelph Council Record

Committee of the Whole · May 02, 2023 · Item 7.1

Staff to bring a report and draft bylaw/bylaw amendment to the Traffic Bylaw to the July 5th…

Main motion under the agenda item E-scooter - Councillor Goller Motion

Carried (12 to 0)

12 in favour, 0 against — unanimous

This was one of 3 motions on the same item

In the order council took them. A vote makes sense next to the ones around it.

  1. 1/3Another version of this motionStaff to bring a report and draft bylaw/bylaw amendment to the Traffic Bylaw to the July 5th…Differs here: …not undertake the normal public consultation. City Council encourages the public to provide feedback to Council directly, and to delegate at the…no recorded vote
  2. 2/3Main motionCity Council acknowledges that the City will not undertake the normal public pre-consultation. City Council encourages the public to provide feedback to Council directly…Carried (12 to 0)
  3. 3/3Main motionStaff to bring a report and draft bylaw/bylaw amendment to the Traffic Bylaw to the July 5th…you are hereDiffers here: …not undertake the normal public pre-consultation. City Council encourages the public to provide feedback to Council directly, and to delegate at the…Carried (12 to 0)

What was voted on

The motion in its exact words, as recorded in the minutes.

That staff be directed to bring a report and draft bylaw/bylaw amendment to the Traffic Bylaw to the July 5th, 2023 Committee of the Whole meeting to permit the operation of personal use e-scooters, meeting all Provincially required conditions and regulations, and including any other recommended conditions. That due to the Provincial e-scooter Pilot ending on January 1st 2025 and the opportunity to regulate e-scooters in 2023, City Council acknowledges that the City will not undertake the normal public pre-consultation. City Council encourages the public to provide feedback to Council directly, and to delegate at the July Committee of the Whole or City Council meetings. That City Council requests that Guelph Police Services provide input into the July staff report related to enforcement of the proposed bylaw, impacts for provincial reporting requirements concerning crash data, and recommendations regarding an e-scooter public education campaign.

Moved by Councillor Goller, seconded by Councillor Allt.

How the room voted

In favour (12)

  • Allt
  • Billings
  • Busuttil
  • Caron
  • Caton
  • Chew
  • Downer
  • Gibson
  • Goller
  • Guthrie
  • Klassen
  • O'Rourke

Who spoke to it

Councillor Goller introduced the item and provided opening remarks. The following delegate spoke on this item: Adrian Salvatore

What was said

4,596 words from the meeting recording, transcribed automatically. Times are from the start of the recording.

Read the debate(click to open)

57:20the motion on the floor for discussion. Thank you. Through you chair, I would like to move a motion.

57:29If you could wait for the motion until after the delegation, but if you could just speak to it now

57:33to create some kind of a context for the delegation. Thank you for that clarification chair. I intend

57:40to to move a motion that direct staff to come forward with a bylaw that would

57:48allow the use of private e scooters in the city of wealth. At present, there is a provincial

57:54pilot and unless municipalities have approved bylaws allowing the use of e scooters within

58:02municipalities, they are forbidden. So with the increase of community members using e scooters,

58:09I think it would be beneficial for the city of wealth to get ahead of this,

58:14make them permissible and set clear rules about where and where they're not supposed to be used,

58:20speed limits, so we can regulate and monitor and then as per the terms of the provincial pilot,

58:28the only other responsibility for the city would be to request that police services

58:34provide information to the province relating to to e scooters between now and the end of the pilot

58:42at the end of 2024. Okay, thank you. So we're going to go to our delegation first.

58:50If Adrian Salvatore could come forward. Thank you. And he's speaking from the

58:58wealth coalition for active transportation. Good afternoon esteemed members of council,

59:10respected staff and my fellow members of the public. My name is Adrian Salvatore and I'm here

59:14today in my capacity as the vice chair for the wealth coalition for active transportation.

59:20We are strongly in support of this motion to permit e scooters in our community.

59:27As our organization's mission is to increase the quality, quantity and safety of active

59:32transportation infrastructure in wealth. We consider e scooters a valuable part of the

59:39active transportation family and we welcome them. While engaging with our members and the community,

59:45we heard of many interesting and novel uses for e scooters. The high degree of portability

59:51means that e scooter owners are more comfortable taking their scooters to work where they can

59:56store them indoors. Bike theft is a great concern for many cyclists and e scooters

1:00:03completely get rid of this issue. Others mentioned the portability of e scooters as it allows them to

1:00:10use it as sort of a last mile solution where they can put it in the trunk, take the car to the

1:00:15car park and then use the e scooter to get to their destination. The idea is further supported by

1:00:23Ottawa's 2022 electric kick scooter pilot report where nearly a third of respondents indicated

1:00:29that the most common reason for using a shared e scooter was to connect to another mode.

1:00:36We have no doubts that these and other use cases will increase the utilization

1:00:40of our active transportation infrastructure and support the city's mode shift goals.

1:00:46With it bringing the environmental benefits such as reduced pollution, alleviating traffic

1:00:51and creating less waste. Permitting e scooters will also help us work towards our equity goals

1:00:57in the transportation master plan. It provides an option for individuals who may not have access

1:01:02to a personal vehicle and whose trip may not well be served by transit. The cost of ownership of

1:01:08e scooters is significantly lower than private vehicles and thus may provide an option to those

1:01:13with financial barriers. Ultimately we see e scooters as another transportation alternative

1:01:19that will provide choice to our neighbors and allow them to meet their transportation needs

1:01:23in more economical and sustainable ways. They're also quite fun to ride. That point should not

1:01:29be overlooked. The same 2022 e scooter pilot report from Ottawa when e scooter users were

1:01:36surveyed on why they chose an e scooter over another mode. The most common response is included

1:01:41that e scooters were fun. We should aim to make getting around our lovely city enjoyable.

1:01:47Though we recognize there are some concerns with these scooters namely sidewalk clutter

1:01:52with personal use we don't perceive this to be a concern. Moreover in conversations we've had

1:01:57with cyclists the vast majority of our current e scooter users on the road are courteous and

1:02:02respectful. To summarize we strongly support this motion and hope that council seriously

1:02:07considers moving towards permitting personal e scooters here in Guelph. Thank you Councillor

1:02:12Guller for bringing the motion forward and thank you all for your time. Thank you. Are there any

1:02:16questions of the delegation first to a councillor Allt and then councillor work? Thank you very much

1:02:23Mr Salvatore. I'm going to treat you like an expert because I think you are. Are there areas

1:02:29where you believe e scooters should not be used and you made some reference to sidewalks? I'm

1:02:35very concerned about bikes, e scooters, anything like that on a sidewalk because I've heard from

1:02:39too many people that they are fearful of them. I was wondering if you could comment on that as

1:02:43somewhat of an expert. For sure thank you for the question. Now my understanding actually of the

1:02:48provincial pilot is in Ontario that the e scooters are not permitted on sidewalks and of course

1:02:53in close proximity with pedestrians that I see as potentially an issue. Most of our e scooter

1:02:59riders who are currently on the road right now are using the cycling infrastructure where they're

1:03:03at comparable speeds to bicycles I believe limited to 28k an hour so I don't perceive any issue with

1:03:09that. Just to follow up thank you for that by the way. The other concern is I know I'd be tempted

1:03:16to do this. What about trails in parks and similar? On that I believe it best to defer to

1:03:26whatever staff investigation turns up. Okay we'll do that thank you. Thank you councillor work.

1:03:33Thank you chair downer. I have a similar question so through you to Mr Salvatore.

1:03:38So we're moving towards multi-use paths or cycle paths so I was wondering what the

1:03:44the preventions are in terms of conflict with pedestrians or younger cyclists or people with

1:03:52you know less mobility especially as we move towards our AAA facilities. I'm just wondering

1:03:56if you have any research that points to how that works on a multi-use path. For sure thank you for

1:04:03the question. I believe in most cases actually e scooter riders are recommended to keep their

1:04:09speed when in proximity of pedestrians to a pedestrian speed and I think something like

1:04:14that would be a good solution in multi-use paths here. A lot of it comes down to education and I

1:04:19believe the motion as it will be put forward addresses some of that with the Guelph police

1:04:23services as well. Perfect thanks. Are there any more questions? Okay thank you Mr Salvatore.

1:04:30Thank you. Okay councillor Goller do you want to put your motion on the floor with a seconder?

1:04:35If I may a chair downer I would like to move my motion. I believe that councillor

1:04:41Ault will be happy to second and if I could have staff to put it up there's three parts to this.

1:04:48First part is that staff be directed to bring a report and draft by law or by law amendment to

1:04:55the traffic by law to the July 5th 2023 committee of the whole meeting to permit the operation of

1:05:00personal use e scooters meeting all provincially required conditions and regulations and including

1:05:06any other recommended conditions. With this one the word is a little bit it's open because we can

1:05:12either move a by-law that talks about this or we can modify the city's transportation by-law so

1:05:17we'll traffic by-law so we'll let staff choose which is the best approach. The second part of

1:05:24this motion is that due to the provincial e scooter pilot and you know in January 1st 2025 and the

1:05:29opportunity to regulate e scooters in 2023 City Council acknowledges that the city will not undertake

1:05:36the normal public consultation. City Council encourages the public to provide feedback to

1:05:42council directly and to delegate to the July committee of the whole or City Council meetings

1:05:49and the third item that City Council requests that wealth police services provide input into

1:05:55the July staff report related to enforcement of the proposed by-law impacts for provincial

1:06:00reporting requirements concerning crash data and recommendations regarding an e scooter public

1:06:06education campaign. Thank you are there any questions? I'll just start at Councillor Bousatel and then I saw

1:06:16Councillor Caron. Okay thank you and through the chair I'm a little bit confused around

1:06:24normal public consultation if I can have a clarification on what that really means is there

1:06:30a requirement legislative anything around the consultation in this process and I guess my

1:06:37concern is July is summertime kids are winding down people aren't paying attention just around what

1:06:42exactly is what what does that mean what is not happening. So through the chair to Councillor Bousatel

1:06:48we will not be doing any public consultation on this in order to deliver this back to you by July

1:06:53so normally for a new by-law like this there would be we would either consider sometimes

1:06:58working groups if there's interested stakeholders we would do some form of public consultation

1:07:04in line with our community engagement framework and we will not be doing any

1:07:10surveying public consultation we won't be doing a have your say we won't be looking for public

1:07:15feedback on this simply because we don't have time. Assuming this is ratified at the end of May

1:07:2131st our agenda is due roughly June 15th for in order for you to consider it in July so and

1:07:28because we can't take action until the end of the month when this is ratified we only really

1:07:33have two weeks to produce the by-law and get it back on the agenda for July so that simply means

1:07:39that as Councillor Gowley's motion indicates the sole time for the public to engage back and give

1:07:43you through the city or yourself's feedback would be at that July committee the whole meeting.

1:07:48Thank you and through the chair I guess to the mover and seconder my question is is what's the

1:07:54rush in this I as someone who's deeply committed to public engagement and consultation I don't

1:08:00understand that it's it feels like you know Solomon's choice. Caps will go I would like to

1:08:07respond to that. Thank you and through chair downer to Councillor Busuttil very fair question

1:08:13my concern here is that to do adequate public engagement on this it would be a process that

1:08:20may take six months to two a year and in this case as the provincial pilot will only last until

1:08:28the end of next year we would be sending staff to do a substantial amount of work

1:08:35for what would be in place for a relatively short period of time and then starting in 2025

1:08:42there will be province-wide guidelines that will trump what what we come up with here at the city.

1:08:49My other reason for this is that they are being used I'm receiving now complaints from constituents

1:08:55who say that someone in an e-scooter flew past them on the multi-use path and I think that we have

1:09:02the option to either speak to police services and request enforcement that these be not be allowed

1:09:09in the city but then that goes counter to our intentions to increase forms of active transportation

1:09:16so in this way we can look at what the other municipalities that already have a violent

1:09:22place what they have done look at those best practices that they have selected and put something

1:09:29in place on a temporary basis. My my intention here is that we don't lose this year to have a

1:09:37awareness campaign of you know you should be going at this speed don't use them here use them here

1:09:43and we would be able to curb unwanted use sooner this way. Thank you for the explanation.

1:09:55Thank you and I've got Councillor Caron next. Actually my question was similar to Councillor

1:10:02Bousatil it was about the consultation I actually have a very minor friendly amendment and that

1:10:07is to change the word consultation to pre-consultation and the reason for that is we're doing consultation

1:10:13on the potential to bring forward a bylaw. I don't want that to preclude us from doing consultation

1:10:21on the effectiveness of the bylaw after the fact because we may want to feed into the the pilot

1:10:28project the provincial pilot project we we want to assess the success of the bylaw after we've

1:10:35had a period to test it so if you could I would amend the word to pre-consultation if I have a

1:10:42seconder and that's just to give clarity so that we we don't end up in a situation where

1:10:47we're letting the public know that you won't have an opportunity to comment at a later date.

1:10:56Under item two we'll not undertake the normal public pre-consultation and that is that is

1:11:03just related to the development of the bylaw only and I think I believe DCAO Clackbush has

1:11:10some comments. Thank you through the chair allowing me to jump in so I just wanted to also

1:11:16clarify the provincial pilot is a five-year pilot and we're three almost three and a half years in

1:11:21so the amount of feedback that we are going to be able to provide will be very limited. We opted

1:11:26not to to participate in the pilot as and I will speak certainly Ms. Holmes can comment further.

1:11:33We absolutely support and agree that e-scooters long term as part of our active transportation

1:11:38goal staff do not disagree with that but we made the decision not to bring it forward to participate

1:11:43in the pilot simply due to staff resources and our ability to to do the pilot and to participate in

1:11:48it and certainly even what we'll bring back in July will probably be a fairly narrow bylaw

1:11:54permitting this simply because we don't have the staff resources to to allocate and we only

1:12:00will have in essence a year and a half left in the provincial pilot and so this will be a very

1:12:05minimal it will be a opt-in with limited ability of staff to really provide much feedback to the

1:12:13province both because of our resourcing capabilities and because we really are at the end of the

1:12:18provincial pilot and we fully expect that they will likely either legalize it as of January 1st

1:12:232025 or not and that that will be decided for us one way the other January 2025 so I just didn't

1:12:29want to leave council with the impression that we have the capacity to do a specific amount of

1:12:33community engagement we would simply be bringing this bylaw in subject to your approval of course

1:12:39in July and then letting it ride out for those remaining 18 months of the provincial pilot.

1:12:44Okay thank you so we have the amendment on the floor with a seconded by Councillor Allt.

1:12:49Are there any questions on the amendment? Is there any comments on the amendment?

1:12:57Seeing none is there any one I'll call the vote is anybody opposed to the amendment?

1:13:03I see none okay so we can go back to the main motion and I have Councillor Claasen,

1:13:10Ault and Kate next okay thank you through you chair downer to staff I just had a question

1:13:17because I know that you worked with Councillor Goller on this motion was there any consideration

1:13:22for e-skateboards just because this is something that I've seen and I know that this is very

1:13:27specific to the scooters but I'm wondering if there's no I'm seeing you shake your head.

1:13:33No through the chair this was simply in response to Councillor Goller's request about e-scooters

1:13:39I would hope and suggest that when the province looks at this broader that they will give us

1:13:43clear direction on all e-modes of transportation because I think you know e-bikes that are motorized

1:13:51as opposed to pedal assist e-scooters e-skateboards there's a number of different e-things and I

1:13:58think we'll see more and more of them and so I'm certainly hopeful that the province will give us

1:14:02some clear direction because ultimately the province is in charge of the Highway Traffic

1:14:05Act and generally is responsible for telling us what vehicles are allowed on roads.

1:14:12Okay thank you.

1:14:15Would there be any benefit to adding e-skateboards into the motion for folks who already

1:14:22are potentially doing it? I would just say except it's not part of the pilot so it would be kind

1:14:33of contrary. Okay thank you. Yeah but something that we should consider again. Okay is that what

1:14:41you were going to say Councillor Goller? Okay then I would I have Councillor Alton.

1:14:47Thank you very much Chair Downer. I wanted to reinforce what Councillor Goller was stating

1:14:54and also to make a comment about the e-scooters because originally I was inclined to do that

1:14:58but then I realized when I was looking more closely that the e essentially covers anything and I'm

1:15:04ecstatic about that so I think that we can move forward recognizing that other than hoverboards

1:15:10we're going to catch everything on this but more importantly I think what we need to recognize is

1:15:15that that we're trying to be both future ready and at the same time we're catching up to the

1:15:19technology and the demand that is currently out there. We are receiving complaints. I've received

1:15:26a number of them and it's primarily from people that are very concerned for their safety as they

1:15:31get buzzed. I think we do need to be forward thinking and very safety-minded. Good on the province

1:15:38for looking at this. I think it's an inevitability because not only is it a mode of transportation

1:15:44that's environmentally friendly it's also a business and we have whether I like it or not and I like

1:15:51the business side of it. We have a provincial government that at this point is all business.

1:16:00Thank you Councillor Caden. Thank you through you Chair Downer. I agree with all of the points

1:16:07that have been put forward as to how e-scooters are like dark current and if not future in terms of

1:16:15transportation. I also agree that sidewalk accessibility is very important so I wanted to

1:16:21make sure that that is something that we're deeply considering when we make these policies

1:16:26but I also had a group of folks who are contacting me about children on e-scooters saying that the

1:16:32roads and the bike lanes are not safe enough for them to be on within a certain age group so I just

1:16:38kind of wanted to call that out and hope that we're keeping that into consideration because I don't

1:16:43want to trade harm for harm with thinking like people thinking they're five-year-olds on their

1:16:48little razor scooters have to go on the street when they could be on the sidewalk if there's no

1:16:54people on it. Okay thank you so Councillor Warp did you and Mayor Guthrie do you have comments

1:17:04questions? Thank you Chair Downer just a couple questions for staff. I'm just wondering what the

1:17:11staff capacity is to do this sort of within six weeks basically and also whether Gulf

1:17:17police have already indicated that they also are ready to collaborate over the next six weeks that's

1:17:22really fast turnaround for bylaw. So through the chair I'll start and then I'll pass it to Ms. Holmes

1:17:29so we're definitely concerned because it isn't actually six weeks because we can't act on this

1:17:33until after May 31st because we have to wait till council ratifies it on May 31st because we can't

1:17:37assume you're going to ratified at the end of the month so procedurally we actually can't take action

1:17:42until June the 1st so we understood and we worked with Councillor Goller and we committed to the

1:17:48two-week turnaround but I will be honest it's not going to be we're going to pull a bylaw together

1:17:54using what we've seen in other municipalities and other best practices to bring back to you.

1:17:59I did have an initial conversation with Chief Kobe to let him know that this was on the agenda

1:18:04but beyond that I don't want to speak for him I would imagine he will provide us content for

1:18:09the report that comes back to you also if they have concerns about their capacity because they're

1:18:13going to have to deal with some of the reporting on the crash data so there's the initial work on

1:18:18the two weeks to get you the report in time for the consideration in July but then I think there's

1:18:23also what our police services and our traffic team are going to need to then do to actually manage

1:18:28the bylaw so I'll turn to Ms Holmes to maybe speak more on that. Thank you so through the chair to

1:18:33Councillor Work so when we have a request like this that come in there are obviously staff resource

1:18:41concerns so we are going to have to pull staff off of things that they are working on now in order

1:18:46to put a rush and make this report a priority to make sure that we're trying to incorporate everything

1:18:52we can so that you have a full sum report to look at in July so we'll be working on that I also

1:19:00wanted to point out as well further to Ms Clackbush when she was talking about the resources to

1:19:06manage this afterwards just for warning that in the report again we do not have a staff resource to

1:19:11look or to manage a program like this as we go through the the province's pilot there are reporting

1:19:20requirements for which we have nobody right now in place to manage so until such time that we can

1:19:27get to you I presume through the multi-year budget where we're going to be asking for a resource that

1:19:33by the way has been presented in the last two years and hasn't been hasn't been approved we will have

1:19:39to pull staff off existing work in order to be able to manage this but we will flush that out as

1:19:45best we can in the report that comes to you in July. Okay thanks I appreciate your candor chair downer

1:19:51through you to staff I've got two more questions one is I think the legislation is uh teenagers

1:19:58for kids 16 and under have to wear a bike helmet right so I'm just thinking about the broader public

1:20:06health implications also so will the bylaw be parallel to that to to require riders under the

1:20:12age of 16 to wear helmets? So through the chair to councillor work yes that's one of the sort of

1:20:19preliminary and when we've done so our initial thinking and looking at other jurisdictions

1:20:23I will say and hopefully chief Kobe doesn't mind me sharing this one of his initial responses which

1:20:28is why working with councillor goller we added in the piece I think about the education campaign is

1:20:32chief Kobe's concern was right now it's not legal by making it legal they feel that there is a need

1:20:39to make sure that they are educating about risks for under children helmets etc because by making it

1:20:47legal in Guelph they want to make sure that we haven't sort of encouraged things that could be

1:20:52seen as unsafe so again that was just based on a really preliminary verbal conversation I had with

1:20:56chief Kobe but that's one of the reasons why I know they want to have the opportunity to provide

1:21:02feedback into the report so that they can speak to those safety concerns as well. Thanks and then

1:21:07just a comment I guess because I really like the intent and the motion especially if we harmonize

1:21:15it with surrounding municipalities because we've got the two way all they go so somebody at the

1:21:20Kitchener can zip over to their train station carry it onto the go and we fix that last mile

1:21:26problem so I quite like that I just want to make sure that it's done in a way that's safe right thanks.

1:21:33Okay thank you so I was going to Mayor Guthrie next but Councillor Gowley you have an answer to

1:21:40an additional comment if we could just if you could. Mayor Chair Downer just so that we're on

1:21:46on the same page today according to the province whatever we approve riders must be at least 16

1:21:54years old and they have to wear a helmet if they're under 18 so anyone 16 or 17 will have to wear a

1:22:01helmet anyone under 16 will not be allowed so we can we have to follow the provincial guidelines

1:22:08so just to clarify that. Okay thank you Mayor Guthrie. Okay are there any more questions than before

1:22:18okay comment. Thank you. Thank you Madam Chair through you yeah I just before you call the

1:22:25vote I just think this is I think this is great I will say that I'm disappointed that we're not

1:22:33moving to an opportunity for ride share program I did just come back from Denver on a conference

1:22:39there and I talked to so many Denverites I don't know if that's what they're called but

1:22:46who absolutely adore them they weren't scattered all over the place I talked to actually the company

1:22:53that provided them because they had vans at night and during the day that would go out and

1:22:57and take care of them and people absolutely adored them I think private use is our first step

1:23:05Madam Chair but we need we we are behind like we are behind we should not have said no

1:23:13to this a few years ago we we look at all the surrounding communities that are already way

1:23:18ahead of us on this and you know who's ahead of us on this the citizens they're already doing it

1:23:25so this is going to bring them into compliance which is part of our role here to bring people

1:23:29into compliance and under the regulations that they should we should have in place for safety

1:23:34and other considerations as well so I really do hope that this comes together and and we get some

1:23:39good data from the private use but I really hope that we have a conversation soon about other

1:23:45rideshare programs both e scooter and bicycle for that last mile and we I know that there's

1:23:51lots of companies that would love to do an RFP for our city because I've been asked by many of them

1:23:57over the last few years and it costs us zero dollars zero they handle it all and and it's

1:24:07another way of people being able to get around in an environmentally and cost effective way

1:24:13so I really hope this is our first step madam chair as we go on to other steps

1:24:17in the future as well I think we we need to catch up are there any other comments

1:24:26questions comments okay I'll call the vote is there anyone opposed that carries okay I have no

1:24:36announcements are there any staff announcements was there an issue okay I don't believe there's

1:24:53any staff announcements there so thank you everyone that's the conclusion of our committee of the whole

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