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

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

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’s Able to participate if able to meet the Use Agreement Requirements

Issues Informal Groups Informal groups are unable to participate because: 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

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