Transcript 2015-01-13 Work Session Crime Prevention Cameras

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
Background
● 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
Three 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
Use Agreement
• 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
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’s
• Able to participate if able to meet the
Use Agreement Requirements
Issues
Informal Groups
• Informal groups are unable to
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
Issues
Neighborhood 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
Issues
Liability/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
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.
Crime Prevention
Cameras in the
Public Right-of-Way
Board of County Commissioners
January 13, 2015