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HomeMy WebLinkAboutCLD-015-19Clarftwn Clerk's Report If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Report To: General Government Committee Date of Meeting: June 17, 2019 Report Number: CLD -015-19 File Number: Resolution: GG -405-19 By-law Number: 2019-046 Report Subject: Appointment Private Parking Officers Recommendations: 1. That Report CLD -015-19 be received; 2. That the draft By-law attached to Report CLD -015-19 (as Attachment 2) be approved; to appoint Nemesis Security Service, Paragon Security, G4S Canada and Paladin Security as Private Parking Officers and repeal By-laws formerly appointing individuals and for site specific private parking enforcement; and 3. That all interested parties listed in Report CLD -015-19 and any delegations be advised of Council's decision. Municipality of Clarington Report CLD -015-19 Page 2 Report Overview To appoint designated Security companies as parking officers to eliminate the requirement for Council to appoint individual employees of external services and/or specific properties. 1. Background 1.1 In order to be able to perform parking enforcement duties on private property, Section 15(1) of the Police Services Act, RSO 1990, c. P.15, requires that Private Security Services be appointed by the Municipality. 1.2 Prior to 2016, authorizing parking enforcement on private property by external agencies was done by way of Council approved by-laws which appointed individuals for specific site locations. 1.3 Through Report CLD -009-16, Council adopted an alternative approach which discontinued the appointment of "specific individuals" and replaced it with just the named agency (e.g. Paragon). The site specific requirement was still included in the by-law. 1.4 In 2016, through Report CLD -009-16 appointed all Nemesis Security Services staff for two specific properties. 1.5 More recently, Council appointments have been general in that they were not site specific nor for a specific individual. This is the case with CLOCA (Report CLD -031-16 and OPG (Report CLD -018-17), where an appointment was made by areas under their jurisdiction. They further had to meet specific requirements such as accreditation as Nuclear Security Guard (for OPG), training by Municipal Staff and site approval by Municipal Staff. 2. Discussion 2.1 In March 2019, Municipal Law Enforcement was approached by Mr. Alves (Nemesis Security Services) to request an additional property be enforced. 2.2 Municipal Staff was also approached by Kevin Bissoondyal (Paladin Security) to request authority to enforce parking at Lakeridge Health Center. Paladin Security has not been appointed previously in Clarington. Municipality of Clarington Page 3 Report CLD -015-19 2.3 Security firms requesting appointments for staff have all received licenses from the Province to act as Security Guards. The requirements set by the Province include: x Be 18 years of age or older x Legally eligible to work in Canada x Clean Criminal Records check x Take the security guard or private investigator basic training course x Pass the security guard or private investigator basic test 2.4 Licenced Security Officers are responsible for adhering to the Private Security and Investigative Services Act, 2005 and its regulations, including the Act's Code of Conduct regulation. 2.5 All security guards receive training from Municipal Staff prior to be being authorized. In addition, any issues or concerns may be easily corrected throughout the process if, and when, needed. 2.6 All sites that may be enforced are also inspected prior to authorization being given. This ensures that private properties are signed adequately, as per Municipal by-law. 2.7 Authority, in the form of a contract between the security company and property owner, is also provided by the security company to the Municipality. 2.8 Based on the experience with OPG and CLOCA, the approach to general appointments as Private Parking Officers (i.e. neither site specific, nor individual person specific) has proven to be a successfully streamlined approach for both the external agency and the Municipality. Staff recommends, therefore, that a general appointment by-law be enacted for both Nemesis Security Services, and Paladin Security. As well, to provide consistency, staff also recommends that the other external agencies who have previously been granted site specific authority, being Paragon Security, G4S Canada also be appointed as Private Parking Officers through the a general appointment. 3. Concurrence This report has been reviewed by the Municipal Solicitor who concurs with the recommendations. Municipality of Clarington Resort CLD -015-19 4. Conclusion Page 4 It is respectfully recommended that the By-law attached to Report CLD -015-19 as Attachment 1 be approved; to appoint Nemesis Security Services, Paragon Security, G4S Canada and Paladin Security as Private Parking Officers. 5. Strategic Plan Application Not applicable. f Submitted by: nhe Greentree, B.A., CMO, Municipal Clerk Reviewed by: Andrew C. Allison, B. Comm, LL.B CAO Staff Contact: Duncan Anderson, Manager Municipal Enforcement, 905 623 3379 or danderson@clarington.net Attachments: Attachment 1 - By-law to appoint a private property Parking Enforcement Officers. The following is a list of the interested parties to be notified of Council's decision: Paragon Security G4S Canada Nemesis Security Services Paladin Security Central Lake Ontario Conservation Authority Ontario Power Generation — Security Division Attachment 1 to Municipality of Clarington Report CLD -015-19 The Corporation of the Municipality of Clarington By-law Number 2019 -XX Being a By-law to appoint a private property Parking Enforcement Officers Whereas subsection (1) of section 15 of the Police Services Act, R.S.O. 1990, c. P.15, provides that, "A municipal council may appoint persons to enforce the by-laws of the municipality"; And whereas Council deems it desirable to appoint Nemesis Security Services, G4 Security, Paladin Security and Paragon Security to act as private property parking enforcement officers solely for the properties within the Municipality that consent has been received by property owner; And whereas all provincially licensed Security guards receive municipal training, all sites are approved by the Municipality; Now therefore the Council of the Corporation of the Municipality of Clarington enacts as follows: That Nemesis Security, G4 Security, Paladin Security Services and Paragon Security is hereby appointed as Private Property Parking Enforcement Officers. 2. That the above appointment shall remain in effect for the duration of their contract to the property owners of 55 and 73 Shipway Avenue Newcastle. 3. That By-laws 2002-162, 2002-191, 2002-192, 2004-132, 2004-133, 2004-158, 2004-159, 2004-160, 2004-161, 2004-162, 2004-236, 2004-237, 2004-328, 2004-239, 2004-240, 2005-030, 2005-031, 2005-032, 2005-060, 2005-061, 2005-062, 2005-063, 2005-064, 2005-065, 2005-071, 2005-072, 2005-073, 2005-074, 2005-075, 2005-076, 2005-077, 2005-083, 2005-084, 2005-085, 2005-086, 2005-087, 2005-088, 2005-089, 2005-090, 2005-114, 2005-115, 2005-171, 2005-172, 2005-173, 2005-174, 2005-175, 2005-198, 2005-199, 2005-200, 2006-055, 2006-056, 2006-139, 2007-011, 2007-072, 2010-032, 2015-067, 2016-013, 2016-044, 2016-086, and 2017-082 be repealed. 4. That this by-law shall take effect on the date of passing. Passed in Open Session this day of , 2019 Adrian Foster, Mayor C. Anne Greentree, Municipal Clerk