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HomeMy WebLinkAboutCLD-018-15 Clarhwa 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: September 28, 2015 Report Number: CLD-018-15 Resolution Number: G e® 51A File Number: By-law Number: o(o l Report Subject: Revoke Private Parking Enforcement Appointment Recommendations: 1. That Report CLD-018-15 be received; 2. That the By-law, attached to Report CLD-018-15, as Attachment 1 to rescind By-law 2010-032, appointing Dominick Forsellino as a Private Property Enforcement Officer, be approved; and 3. That all interested parties listed in Report CLD-018-15 and any delegations be advised of Council's actions. Municipality of Clarington Report CLD-018-15 Page 2 Report Overview The Municipality has a number of private security companies and a very few individuals who have been appointed to enforce parking regulations on their own property. This report is intended to provide background on the circumstances surrounding the appointment of Dominick Forsellino and the reasons for requesting the revocation of that appointment. 1 . Background In late 2008, Staff began receiving complaints concerning the parking situation at 98 King Street West Bowmanville. This is a commercial property owned by Angelina and Dominick Forsellino. The property contains approximately 35 parking spaces. Mr. Forsellino had called the Municipality on several occasions to report vehicles parked on his property without his permission. These vehicles were often merchants and customers from the surrounding area, including the flower shop to the east of his property, which shares a small portion of the parking lot with him. A similar concern was been raised by the owner of 191 Church Street, Bowmanville, the property directly behind 98 King Street West. Both properties share the driveway and parking lot facilities. Rather than continue to rely on the Parking Enforcement Officers to respond to his complaints, Mr. Forsellino had requested that he be appointed as a Parking Enforcement Officer to attend to the parking concerns on his own lot and that of 191 Church Street. The owner submitted a letter stating that Mr. Forsellino had her permission to ticket vehicles in her parking lot. Mr. Forsellino submitted the required paperwork and was appointed a Private Property Parking Officer for both properties by By-law 2010-032. 2. Discussion Staff routinely receive requests from private property owners to appoint security companies to enforce parking on their properties, such as commercial plazas, condominiums and apartment buildings, however it is rare for a property owner to ask for the authority to do the work themselves. The precedent for this was set in 2007, when Council granted permission to the owners of the property located at 234 King Street East to enforce their own parking lot. Since that time there have no reported problems or concerns with the enforcement of 234 King Street East. Unlike that experience, the situation at 98 King Street West has been marked with complaints and concerns from citizens regarding the ticketing process. Concerns had been raised by the merchant located directly east of the property as this directly affected her customers' and her ability to receive, and make, deliveries for her flower business. Municipality of Clarington Report CLD-018-15 Page 3 The two properties appear to share 98 King Street's parking lot and as a result there have been complaints that trucks delivering to the neighbour's business have been ticketed while loading and unloading for the shop. Staff spent time with Mr. Forsellino instructing him on the legal requirements for tickets and reviewing incidents where tickets had to be cancelled. In July, 2013 the ownership of 191 Church Street changed hands and the previous agreement for ticketing on that property was voided. Since January 1, 2014, Mr. Forsellino has issued a total of nine parking tickets. Of these, only one has resulted in a fine being paid. The others were cancelled or voided for a number of reasons, including errors on the ticket and insufficient grounds to support a conviction. The last ticket issued by Mr. Forsellino was on August 18, 2014. The lack of any further tickets or complaints would indicate to Staff that the situation which gave rise to the need to issue parking tickets may have resolved itself and there is no further need for Mr. Forsellino to be empowered to act as a Parking Enforcement Officer. 3. Concurrence Not Applicable 4. Conclusion Staff are of the opinion that it is no longer necessary to continue Mr. Forsellino's appointment and recommending that it be rescinded. 5. Strategic Plan Application Not Applicable Submitted by: Reviewed : C. Anne+G ree,n t r e e Franklin Wu, Municipal Clerk Chief Administrative Officer Staff Contact: Len Creamer, Manager, Municipal Law Enforcement, 905-623-3379 ext. 2110 or Icreamer(a clarin_ ton.net Attachments: By-law to Repeal the Appointment of Dominick Forsellino as a Parking Enforcement Officer Interested Parties: Dominick Forsellino CAG/ldc Attachment 1 to Report CLD-018-15 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2015- Being a By-law to repeal By-law 2010-032 WHEREAS Section 15(1) of the Police Services Act R.S.O. 1990 Chapter P15, authorizes a Council of any Municipality to appoint one or more persons who shall be peace officers for the purpose of enforcing the by-laws of the Municipality; WHEREAS it is within the jurisdiction of Council to repeal or revoke such an appointment when it deems appropriate; NOW THEREFORE the Council of the Corporation of the Municipality of Clarington hereby enacts as follows: 1. By-law 2010-032, being a By-law to appoint Dominick Forsellino as a Parking Enforcement Officer for the sole purpose of enforcing the Traffic By-law of the Municipality of Clarington on the property located at 98 King Street West Bowmanville and 191 Church Street Bowmanville, in the Municipality of Clarington, be repealed; 2. This By-law shall come into full force and effective immediately on the day of final passing by Council. By-Law passed in open session this t" day of 2015 Adrian Foster, Mayor C. Anne Greentree, Municipal Clerk I