Tuesday, May 12, 2015

A RESIDENT SPEAKS

Copied below, you will find correspondence from a Fairways resident to our elected county commissioner, and our sheriff.Although the resident, did not request anonymity, we chose not to identify her, unless she requests us to do so.
THE RESIDENT, MAKES SOME VERY VALID POINTS.---MAYBE SOME MORE LETTER WRITING, SHOULD BE FORTHCOMING!

 o: Ted.Edwards@ocfl.netJerry.Demings@ocfl.net

MAY 11  2015
I am a resident of the Fairways Country Club located off E. Colonial Drive.  Since January we have a reported 7 residential burglaries, 1 was an occupied dwelling.  Last week at our HOA meeting Deputy Belmont spoke to us on crime prevention.  She also stated that being a gated community we are not entitled to having deputies patrol our streets, unless we pay an off-duty deputy to do so. (management will not spend the money)
We have a gated community to try to deter bad people from committing crimes against us.  Our feeling is that the latest burglaries are being done by a person, or people, that live here.  A gate does not keep us safe from those who live here and commit these crimes.
Our main roadway into our community is Pebble Beach Blvd.  This is a county road, not a private road.  Many of us don't understand that as Orange County residents who pay taxes, why we are not entitled to the same protection as areas that are not gated. Knowing we do not get regular patrols from the deputies is like giving the green light to commit crimes in our neighborhood.
I know there is an ordinance stating gated communities are private, and therefore are not entitled to OCSO patrols.  This is so wrong to punish those who are trying to keep out crime.  How hard would it be to have our areas protected?  I have found that many residents at the Fairways have guns and are not afraid to use them.  Is it going to take someone being shot/killed to make the county realize that every citizen is entitled to the same protection regardless where they live?

I beg you, Commissioner Edwards, to please talk to the other commissioners, and Mayor Jacobs, about this problem and change this ridiculous rule of gated communities having to pay for what others get for free.

Thank you in advance for any support you can give to my request.

5 comments:

Andrew Carpenter said...

Could we see some documentation that Pebble Beach Blvd. is a public road, save for its right of way?

The traffic enforcement signage does not conform to the manual and specifications of the Florida Department of Transportation. So, this would indicate PBB is a private road.

That means the first step to granting the country sheriff the right to patrol our streets would be to correct the signage (a cost HTA and the HOA could share).

After that, Hometown America would have to ask OCSO to take jurisdiction over its roads. Before you get all excited over that potential, don't lose sight of the fact that giving OCSO jurisdiction here would mean enforcement of speeding, stop-sign running and drunken driving laws, too.

But, and it's a big but, if HTA had the desire, granting OCSO jurisdiction over Fairways' roads is very doable. Or as chapter 316 of the State Uniform Traffic Control, Title XXIII, puts it (and notice the wording uses "may," which means things are negotiable):

"A county may exercise jurisdiction over any private road or roads, or over any limited access road or roads owned or controlled by a special district, located in the unincorporated area within its boundaries if the county and party or parties owning or controlling such road or roads provide, by written agreement approved by the governing body of the county, for county traffic control jurisdiction over the road or roads encompassed by such agreement. Pursuant thereto:
1. Provision for reimbursement for actual costs of traffic control and enforcement and for liability insurance and indemnification by the party or parties, and such other terms as are mutually agreeable, may be included in such an agreement.
2. Prior to entering into an agreement which provides for enforcement of the traffic laws of the state over a private road or roads, or over any limited access road or roads owned or controlled by a special district, the governing body of the county shall consult with the sheriff. No such agreement shall take effect prior to October 1, the beginning of the county fiscal year, unless this requirement is waived in writing by the sheriff.

I say go for it. You don't need the HOA, put the pressure on HTA yourselves.

Safe neighborhoods start with safe streets.

Anonymous said...

No more golf carts on city streets if you do that.

Andrew Carpenter said...

@7:02 p.m., you are likely right, but it could depend on how they write a jurisdiction agreement.

The issue is that the letter writer wants the sheriff's department to patrol streets over which it has no jurisdiction. She seems to want OCSO to pick and choose the ordinances it follows and those it will ignore.

Giving OCSO jurisdiction to patrol Fairways' streets would mean the threat of seat-belt violations, DUIs, speeding tickets and tickets for running stop signs, among others.

Right now, many Fairways' residents flagrantly flaunt traffic laws because they drive on private roads.

My guess is that, even as we are a strong law and order community, to most residents even the threat of the Rat Burglar (and other property crime) is not enough reason to give OCSO enforcement powers on our streets

Howard May said...

If anything good comes from the RAT break-ins it finally got people off their duff. Come on the rest of you all start writing. If we can be of help give us a call. we have a file folder of letters we have written and we have more in the works.

Howard May said...

If anything good comes from the RAT break-ins it finally got people off their duff. Come on the rest of you all start writing. If we can be of help give us a call. we have a file folder of letters we have written and we have more in the works.