1981-08-17
I
Chairman Leggett asked Inspector Westbrook to describe to the Board Case No. 18-81,
Domer Wilson. Westbrook explained he had not been able to isi t Mr. Wilson and was recom-
mending this case be continued until August 17th along other cases as listed:
CASE NO. NAME NTINUED UNTIL
14-81 will Heard 8/17/81 ~
15-81 J. J. & Flora Wiggins 8/17/81
31-81 Leroy Briney/Leroy's Used Cars 8/17/81
33-81 Mrs. P. P. Evans 8/17/81
35-81 Annie's Garage 8/17/81
36-81 James and Mary Smith 8/17/81
37-81 James Auto Salvage 9/21/81
After discussion, motion was made by Michael McArthur o continue the cases on the
dates specified as recommended by Inspector Westbrook. Lloyd Jeffers.
Board agreed. Vote unanimous.
Chairman Leggett presented a plan for informing violators of ways and means
of disposing of unwanted abandoned vehicles on their That being, a list of
several such dealers in the area which they could choose fr m and have the vehicles hauled
away at no cost and in some instances a dealer may pay the wner something for the vehicle.
Inspector Westbrook will procure the list and see that the eople with this particular
problem are given a copy.
Chairman Leggett asked if any more business needed to come before the Board at this
hearing. There being no further business, motion was made Jeffers to adjourn,
seconded by Alex Amadio. Vote carried. The hours was 7:45 P.M.
~
AUGUST 17, 1981
MINUTES OF THE OKEECHOBEE MUNICIPAL CODE E ORCEMENT BOARD
Hearings on Municipal Code violations were held by th Okeechobee Municipal Code Enforce-
ment Board at City Hall on Monday, August 17, 1981 at 7:00 .M. The hearings were opened
by Chairman Gordon Leggett asking for a roll call of Board embers by the Clerk with the
results as follows:
Gordon Leggett - Present
Herb Nix - Absent t
Lloyd Jeffers - Present
Michael McArthur - Absent
Jerry Walker - Present
Dr. Alex Amadio - Present
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Others present were: J. M. Westbrook, Building and Zo ing Administrator and Bonnie
S. Thomas, City Clerk.
Upon recommendation of Chairman Leggett, motion was ma e by Lloyd Jeffers to approve
the minutes of the meeting of August 3, 1981, and to dispen e with the reading thereof,
e seconded by Dr. Alex Amadio. Vote carried.
Chairman Leggett instructed J. M. Westbrook, Building nd Zoning Administrator, to
call first the cases he was recommending for dismissal or c ntinuance. Westbrook complied
with the following:
CASE NO. NAME & DESCRIPTION OF VIOLATION INSPECTOR'S RECOMMENDATION
2-81 Edwin Herrin - Boxes & crates, hampers
in rear of house; truck bodiesm rear ya d. Dismissal
18-81 Domer Wilson - Abandoned vehicle on Lot
13, Block 233 Dismissal
31-81 Leroy Briney/Leroy's Used Cars -
Apparent junk vehicles on premises Dismissal
36-81 James and Mary Smith - Unkept yard, tras ,
debris and abandoned articles in yard Dismissal
44-81 Edison Walker - Garbage piled up behind Dismissal
45-81 Larry Lanier - Operating a business with
license; operating a business in an RG-2
without exception; operating a salvage y
within the City Limits. Dismissal
54-81 Anna Belle Rooney/Annie's Garage - Usin
trailer as a sales office without a per Dismissal
56-81 Anna Belle Rooney/Annie's Garage - Erect
sign without applying for a permit. Dismissal
59-81 Shop at Home Carpet Service/Paul Howell - Has been
Operating a business without a license. Dismissal
14-81 Will Heard - Excessive growth of weeds a d under-
growth. Continue until 9/21/8~
16-81 Florida Ultra Flo, Inc., - Trash on lot and high
weeds Continue until 9/21/8~
17-81 Michael R. Arnold - Junk vehicle in yar . Continue until 9/21/8~
43-81 Frank & Louise Kriegel - Trash, garbage, and
furniture in rear yard. Continue until 9/21/8~
39-81 Glen C. Lamb - Structure unsafe, defective wiring,
sewage system. Continue until 10/5/8~
Motion was made by Lloyd Jeffers to grant the recomme J. M. Westbrook for
dismissal and/or continuances as stated, motion seconded b Jerry Walker. Vote carried.
CASES TO BE HEARD:
15-81 J. J. and Flora Wiggins - Trash and garbage 0 lots; overgrowth of weeds. Case
continued from 8/3/81. Westbrook presented photos of the roperty indicating the code viola-
tion. He further explained there had been no effort shown by the property owners to correct
the violation and they were not present at the hearing on
Chairman Leggett asked if anyone was present in the r refute the allegations.
There was no response from those present. Therefore, moti was made, after some discussion,
- by Alex Amadio that a fine of $100.00 be imposed on Case N 15-81 on J. J. & Flora Wiggins
because of the violation with evidence as presented by J. . Westbrook on this property.
Seconded by Lloyd Jeffers. All members agreed. Vote carr·ed.
2
33-81 Mrs. P. P. Evans - Structure unsafe for human h Case was
continued from 8/3/81. Because this property is now being and1ed by the City in
another procedure, Westbrook recommended Case No. 33-81 be ithdrawn without pre-
judice from this hearing.
Motion was made by Lloyd Jeffers to withdraw ejudice Case #33-81 from ~
these records, seconded by Dr. Alex Amadio. Vote carried.
City Attorney, David Conlon, suggested Mr. Westbrook r ad the upcoming cases re-
garding Anna Belle Rooney/Annie's Garage, asking what plea s to be given, guilty or
innocent.
At this time, Anna Belle Rooney was called and duly s rn by the Clerk as a wit-
ness charged with the alleged violations.
Thereby, Mr. Westbrook continued as advised with cases and pleas as listed:
Case No. 34-81 Abandoned and/or junk vehicles on pre 'ses--operating a junk yard
without a license. Case continued from 8/3/81. How do you lead? Not guilty.
Case No. 53-81 Operating an auto sales business witho t a license. How do you
plead? Not gui] ty .
Case No. 55-81 Operating a garage without a license. do you plead? Not guilty.
Mr. Westbrook continued by presenting evidence in the orm of photographs and re-
ports of violations he had witnessed. He also read an ad om a local newspaper placed
by the alleged violator describing items for sale, evidenci g the particular violation.
At this time, the City (Mr. Westbrook) produced nesses to the alleged viola-
tions: Mr. William Schmuck of 209 S. W. 2nd Avenue, bee, Florida, sworn in by
the Clerk and Mr. Randy Whipple of 67 Central Villa Drive, keechobee, Florida, sworn in
by the Clerk.
The first witness, Mr. Schmuck, described the alleged io1ations as being a nuisance
specifically noting thepnkers (junked cars) coming in day fter day. Also, the growth of
weeds on the property.
When asked by Chairman Leggett if his house was next d or to Annie's place, Mr.
Schmuck answered it was close enough that he could see it.
Chairman Leggett asked Mr. Schmuck if he felt the tion devalues his property.
Schmuck replied he hadn't thought about it and didn't know.
The second witness, Humane Officer chobee, and witness for the
City in cases of Anna Belle Rooney/Annie's Garage, stated s'nce he patrols the City daily
he is able to see such violations as mentioned when they ar occuring. He stated he sees
junk vehicles on the property, sometimes even blocking the oad to the property as well as
other junk littering the property.
Chairman Leggett asked the Board if they had any quest'ons to ask these witnesses.
There were no questions from the Board.
Chairman Leggett asked Anna Belle Rooney to present he case:
Ms. Rooney: "I had a garage by "McC1ead's" on 441 Nor h of the City limits and
called the County Sheriff's Office more t an twenty-two (22) times
about thefts.:
~hen I had my County license changed to t e City address at Southwest
7th Avenue. I didn't know I was supposed to buy a City license also.
I repossess cars and haul to Indiantown. I am now moved out of the City".
Chairman Leggett: "Anna, is your business now on uth side of McC1eads and
not in the City: Is your home City?"
Ms. Rooney: "No. My home is not in the City". 41
Member Jeffers to Ms. Rooney: "Do I understand saying you are cleaning up
the property?"
î
Jimmy Belk
400 Southeast 12th Avenue
Okeechobee, Florida 33472
Dear Mr. Belk:
We regret the delay in responding to your recent equest regarding ~
the garbage and trash pickup.
Please be advised the garbage and trash ordinance adopted by the
City provides no exceptions in regard to the fees levi d under the ordinance
unless a home is vacant due to vacation and the proper notice has been
filed with the office of the City Clerk indicating the date the residence
closed for vacation and the date it will reopen.
We earnestly solicit your cooperation and underst nding in this
matter keeping in mind that in order to keep the overa 1 residential and
commercial costs as low as possible, the total cost of providing the
service must be spread over the entire community for t e benefit of all.
Thank you for your cooperation.
Sincerely,
Sanitation Division
City of Okeechobee
/s/
Richard C. Fellows
Administrative Assistant
cc: City Clerk
Director of Public Works
L. P. Sanitation, Inc.
Clerk Thomas also read the note hand written on the stating "I am not
going to pay garbage. 7/19/81 Jimmy Belk P.S. I have garbage".
At this time, Chairman Leggett appealed to Mr. Belk stating: "Jimmy, we have
to live by our laws, I wish you'd volunteer to pay this. are a good citizen--this
is a good ordinance. Would you do that?"
Belk: "I've fought a war to have a freedom of choice. Up until I get my next
water bill, though, I am exempt".
After more deliberations which touched on County Garba e Ordinance, whether there was
one; hauling @ $75.00 per year with permit from Clerks Offi e; Member Lloyd Jeffers asked
Mr. Belk "Why don't you abide by the Ordinance like your ne "ghbors and like the good
citizen you are and pay for the garbage service?"
Chairman Leggett again asked Mr. Belk to abide by the rdinance then asked Mr. West-
brook if he had anymore questions. Mr. Westbrook replied, Chairman Leggett then
asked Mr. Belk if he had anymore to add.
Belk: "Ill pay but I won't like it. I feel a man sho ld have a choice".
Chairman Leggett: "I understand your feelings. agree to pay for garbage
Service?"
Belk: "I won't like it."
Chairman Legett asked for a motion.
Belk stated he had been in touch with Mr. Lipton's off 'ce (Lipman) (The Civil Rights)
attorney in Miami. I asked him if even tho I was white di t I have rights. He told me
even though you are white, you have your rights. "I was go "ng to take this case to the
County Court. " t
City Attorney Conlon: "Why have you changed your mind "
~
Ms. Rooney: "Yes" .
Jeffers: "How much longer will it take?"
Ms. Rooney: "A week. I'm trying to get equipment her from Indiantown to clean
it up."
e City Attorney Conlon asked Anna if she was saying in e fect, that she won't be
operating a garage in the City?
Ms. Rooney: "Yes. "
Mr. Westbrook stated that at the time these papers wer served, Anna was operating
as stated in the alleged violation reports.
Chairman Leggett asked Anna if this concludes her case.
Ms. Rooney: "yes. "
Therefore Chairman Leggett suggested the Board make a m tion to reserve ruling on this
case until next month.
Motion was made by Member Lloyd Jeffers to reserve rul 'ng on this case until next
month, (September 21), then if findings are not satisfactor with Mr. Westbrook the Board
will make ruling at that time, motion seconded by Dr. Alex madio. Amadio further questioned
Anna as to whether or not she could "Clean up this mess in this length of time?"
Ms. Rooney: "Yes. "
Jeffers stated: "Motion stands." Vote carried.
Case No. 42-81 - Jimmy Belk. J. M. Westbrook presente Case No. 42-81 of Jimmy Belk-
Refuses garbage pickup.
Westbrook stated Jimmy claims he doesn't have garbage nd won't accept pickup nor pay
garbage service fee.
Jimmy Belk was sworn in by Clerk.
Mr. Westbrook presented evidence in the form of a co n black plastic garbage bag
containing trash and garbage.
Westbrook questioned Belk on contents of bag asking wether certain items were Belk's.
Belk answer yes, the items were his on each question.
Westbrook: "I rest my case".
Leggett: "Jimmy, we'll now hear from you".
Belk: "I still refuse to pay and I'm not guilty. My dictionary says garbage is bits
of waste food".
"That bag was placed outside the City at Baile 's place. I am the caretaker
of that property. Ninety percent (90%) of the contents belong to the people
I work for. I am legally in my rights".
"I came up here to the Council meeting (Mandat ry Garbage Ordinance Hearing)
I asked about (garbage charges) of people livi g here only a few months out
of a year." (This on behalf of the Bailey's a d others Belk works for). "I
can prove I eat in restaurants and have no gar age. I take care of these
places. I went to the City Clerk's Office and signed a statement that I had
no garbage as the Council said."
At this time, Clerk was granted permission by Chairma Leggett to read the following
letter to Mr. Belk:
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j
Belk: "This Board is fair. They have listened to me. Let me have my say".
Chairman Leggett: "What we'd like to show is we're di missing this case. Can we
put it in the record that way? On our statement 'don't like it
but I will pay'?"
Belk: "Yes, I'll pay".
e Thereby, Lloyd Jeffers made a motion to dismiss Case N . 42-B1, because Mr. Belk
has said he would pay for garbage service, seconded by Dr. Vote carried. Case
dismissed.
Motion by Lloyd Jeffers seconded by Dr. Amadio to adjo rn at 9:05 P.M.
SEPTEMBER 21, 19B1
MINUTES OF THE OKEECHOBEE MUNICIPAL CODE EN ORCEMENT BOARD
Hearings on Municipal Code violations were held by the Okeechobee Municipal Code Enforce-
ment Board at City Hall on Monday, September 21, 19B1, at 7:00 P.M. Chairman Leggett called
the meeting to order.
Chairman Leggett informed the Board that due to the fa that Board Member, Herb Nix,
was not a resident of the City, he could not officially se member of the Board and
therefore, a new member, Mr. Jim Attaway, had been appointe . Chairman Leggett called for
a motion to accept Mr. Attaway as a member of the Board. tion made by Member Jeffers,
seconded by Member McArthur and carried.
ROLL CALL
Chairman Leggett called for a roll call with the results as follows:
Gordon Leggett - Present
Jim Attaway - Present
LLoyd Jeffers - Present
Michael McArthur - Present
Jerry Walker - Present
Dr. Alex Amadio - Present
Others present were: J. M. Westbrook, Building and Z Administrator; Mary Ann Holt,
Secretary and David Conlon, Attorney.
APPROVAL OF MINUTES
Upon recommendation of Chairman Leggett, Member Jeffe s moved to dispense with the
reading of the August 17th minutes, seconded by Member Wal Motion carried.
Member McARthur moved to approve the mintues of the A 17th hearings, seconded by
Member Walker. Motion carried.
CASES TO BE HEARD
e Chairman Leggett instructed Building and Zoning Admin strator, J. M. Westbrook to call
first the cases he was recommending for dismissal. Westbr ok complied with the following:
CASE NO. NAME AND DESCRIPTION OF VIOLATION INSPECTOR'S RECOMMENDATION
14-B1 Will Heard - Excessive growth of weeds and
undergrowth on Lots 2,3, & 4 of Block 43, Dismissal
City of Okeechobee