crime prevention cameras in the public right-of-way orange county board of county commissioners...
TRANSCRIPT
Crime Prevention Cameras in the
Public Right-of-Way
Orange County Board of County Commissioners
January 13, 2015
Outline
• Background
• Proposed Program
• Use Agreement
• Issues
• Recommendation
Outline
• Background
• Proposed Program
• Use Agreement
• Issues
• Recommendation
● Several HOA’s installed crime prevention cameras within the rights-of-way, without permits
● County has continued to receive requests to install crime prevention cameras within the public rights-of-way
• Orange County policy does not currently address cameras in public right-of-way
Background
BackgroundThree Types of Associations:
• Mandatory – Established under Chapter
720, F.S. (all residents required to join)
• Non-Mandatory Incorporated – Managed by
an incorporated not-for-profit corporation
under Chapter 617, F.S. (membership is
voluntary)
• Informal Group – No formal association or
entity established
Outline
• Background
• Proposed Program
• Use Agreement
• Issues
• Recommendation
Proposed Program
Requirements:
• Right-of-Way Utilization Permit
• Low Voltage Electrical Registration
• Use Agreement
Outline
• Background
• Proposed Program
• Use Agreement
• Issues
• Recommendation
•Must be incorporated (mandatory or non-mandatory)
•Equipment to be permitted must meet county specifications (cameras, signage, poles, installation)
•Relocation/Removal of equipment at HOA’s expense upon County request
•Right-of-Way Utilization Permit and Low Voltage Electrical Registration
Use Agreement
• Indemnification/Insurance
• Entity must:• Notify property owners • Certify corporate authority • Maintain valid corporate
existence• Establish reserve account for
costs of maintenance, removal, relocation, etc.
Use Agreement
• Agreement shall constitute covenants running with the land; shall be recorded at HOA expense
• 5 year duration with ability to extend for successive 5 year periods
• County can cancel with 45 day notice
Use Agreement
•No MSTU or MSBU’s
•Installation, operation & maintenance, replacement, and repairs all are HOA’s responsibility
•County will not monitor, access, or otherwise control the cameras or data generated
Use Agreement
Outline
• Background
• Proposed Program
• Use Agreement
• Issues
• Recommendation
Issues
Issues raised during prior BCC discussion:
• Participation by Non-Mandatory
Incorporated HOA’s & Informal Groups
• Safe Neighborhood Grant Funding
• Neighborhood Consensus
• Liability/Insurance/Indemnification
• Sheriff’s Office Participation
Issues
Non-Mandatory Incorporated HOA’sNon-Mandatory Incorporated HOA’s
•Able to participate if able to meet the Use Agreement Requirements
Issues
Informal GroupsInformal Groups
•Informal groups are unable to Informal groups are unable to participate because:participate because:
•Unincorporated entity is unable to manage program
•Uncertain ownership/monitoring responsibilities
•Unable to obtain liability insurance
Issues
Safe Neighborhood Grant Funding
•Grant funding creates:
•Questions of County ownership and
sponsorship
•Potential for County liability
•Questions of impermissible use of
public funds for private purpose
IssuesNeighborhood Consensus
•Addressed via a Use Agreement which will require:
• Mandatory HOA to hold neighborhood meeting(s)
• Non-Mandatory Incorporated HOA to hold referendum
• HOA certification of its authority to enter into the agreement and to expend necessary funds
IssuesLiability/Insurance/Indemnification
•Use Agreement requires HOA’s to indemnify and hold the County harmless
•Use Agreement also requires HOA’s to provide adequate insurance coverage
Issues
Sheriff’s Office Participation
• Remains neutral
• Assists neighborhoods with chronic
crime
Outline
• Background
• Proposed Program
• Use Agreement
• Issues
• Recommendation
Authorization to allow crime prevention cameras to be permitted in the right-of-way
•Subject to entering into a Use Agreement and complying with County conditions, regulations, and permitting requirements.
Recommendation
Crime Prevention Cameras in the
Public Right-of-Way
Board of County Commissioners
January 13, 2015