1982-09-27
l
Nominations opened for Vice Chairman. Member McArthu nominated Lloyd Jeffers as
Vice Chairman. Seconded by Member Walker. There were no ther nominations. All members
voted "Yea", with Lloyd Jeffers abstaining. Motion carrie · Lloyd Jeffers, Vice Chairman.
Member McArthur wanted to know why the envelopes cont ining the minutes, etc. could
e not be delivered sooner. He stated he received his at 6:0 o'clock tonight before the
meeting.
Secretary Berndt stated she had given the envelopes t the police department early
Friday morning.
Mr. Westbrook stated that the police were perhaps bus , so he will see the envelopes
are delivered from now on.
Member Walker requested the addresses be listed on th case list with the names.
ADJOURNMENT
There being no further business before the Board, Mem er Walker moved to adjourn.
Seconded by Member McArthur. Meeting adjourned at 7:15 P. ·
Î../
ice Chairman
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ATTEST:
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Ruth E. Berndt, Secretary
Code Enforcement Board
City of Okeechobee
MINUTES OF THE
MUNICIPAL CODE ENFORCEMENT BOARD
CITY OF OKEECHOBEE
SEPTEMBER 27,1982
Hearings of the municipal code violations were held b the Okeechobee Municipal Code
Enforcement Board in Council Chambers on Monday, September 27, 1982. Chairman Gordon Leggett
called the meeting to order at 7:00 P.M.
Chairman Leggett asked the Secretary to please call t e roll with the following results:
Michael McArthur - Present
Deara Thompson - Present
Lloyd Jeffers - Present
Gordon Leggett - Present
Blair Kuhlewind - Present
Jerry Walker - Present
Vangela McFarland - Present
Others present were: Code Enforcement Officer, Malle te Westbrook; City Attorney, David
e Conlon; and Secretary, Ruth Berndt.
APPROVAL OF MINUTES
Chairman Leggett asked for a motion to dispense with he reading of the minutes if every
one had received them and there were no questions. Member Jeffers moved to accept the minute
as presented. SEconded by Member McArthur. Motion carrie ·
6
CASES TO BE DISMISSED:
Mr. Westbrook requested the following cases be dismis ed as all are in compliance, with
the exception of Jack McKuhen and he is being prosecuted b the State.
130-82 Roy S. Dove
139-82 Lee Bailey t
137-82 Johnny Mack Kinsaul
142-82 Zollie Aldridge
147-82 Larry & Addie Ruth Hamilton
148-82 Eddie Betts
151-82 Jack McKuhen
Member McArthur moved to dismiss the cases as listed bove. Seconded by Member Jeffers.
Motion carried.
CASES TO BE CONTINUED:
Mr. Westbrook requested the following cases be contin ed:
105-82 Ralph & Nancy Bork (Need more time to com ly)
152-82 Buddy & Esther Hair (Could not find at ho e to serve)
Member Thompson moved to continue the cases as listed above. Seconded by Member Jeffers
Motion carried.
CASES TO BE HEARD:
141-82 Mr. and Mrs. Zollie Aldridge
Complaint concerning swine nuisance on premises.
Mr. Westbrook called this case on the agenda and aske if there was a representation
for both sides.
The following persons were sworn in by the Secretary.
Thelma Byars
Vineta Aldridge
David J. Hunter
Carol McClanahan
Jesse Phillips
Larry Ogletree
Jim Yoder
Mr. Westbrook asked Mrs. Byars, the complaintant, to ell the Board of her complaint.
Mrs. Byars stated her only complaint is the scent.
Chairman Leggett asked Mrs. Byars how many hogs the dridge's own.
Mrs. Byars stated she had no idea how many hogs were here by count, but stated there
are a bunch of them.
Attorney Conlon then asked Mrs. Byars how close her h use is to the property line.
Mrs. Byars stated 50 feet or a little more. She also stated her yard is fenced in.
The hog pens come up almost to her fence.
Member Jeffers enquired how long Mrs. Byars had lived at this property.
Mrs. Byars stated she has lived there since July 4, 1970, and the hogs have been
there since that time.
Member Kuhlewind asked Mrs. Byars if the pens were th re when she moved in and she
said she didn't know, but she guessed so. Member Kuhlewin then asked when she first notice¿
this scent and when she first made a formal complaint.
Mrs. Byars said the scent has been there for years she has made many complaints
to the Health Department, the Police Department and others years past. ~
Member Thompson enquired if we had an ordinance in the City limiting
the number of hogs one could have on his property.
Attorney Conlon stated we do not have an ordinance on livestock in the City at this
time.
j
Mr. Westbrook drew a rough draft showing where Mrs. Bars house is located in relation
to the hog pens and stated it is approximately a distance to 100 feet.
Member Kuhlewind asked the size of Mrs. Byars lots an was informed they are 150 feet
by 150 feet.
e Chairman Leggett said if there were no further questi Mrs. Byars could take a
seat and would have the right to be heard later if she wan
At this point, two more witnesses, Ray Gore and Evely Gore were sworn in by the
Secretary.
Mr. Westbrook asked Mrs. Aldridge how long she has ha the hogs and was informed 34 yeal
Mr. Westbrook then asked if she had had any complaint before about them and she stated
she hadn't. He then asked if the police had been out and and she stated "No,
Sir", and then he asked if he'd been out and talked to he and she said "Yes, Sir". What wel
you told, Mr. Westbrook asked.
Mrs.Aldridge stated that she was told there was nothi g wrong as there was bedding down
and no flies.
Mr. Westbrook then asked if the Health Department ha been out to see her and how many
times and what was said.
Mrs. Aldridge stated the Health Department had been t ere 2 or 3 times and he didn't seE
anything wrong as the pens were dry and kept limed down an f1 y bai tout. He came again an-
other time and then she received a letter. Mrs. Aldridge ave the letter to Chairman Leggett
who read the letter as follows:
July 29, 1982
Mr. M. Westbrook
City Building Department
Okeechobee, Florida 33472
RE: Aldridge ho lot at
909 S. W. 6 hAve.
Dear Mr. Westbrook:
I have been twice requested to check hog lot conditions at
909 S. W. 6th Ave. This I have done.
The first visit was June 9, 1982. It was very wet. ns
in question are slightly higher than the surrounding area nd
lime had been spread and only a minimal amount of manure s
noted. Neither excessive odors nor flies were noted.
I re-visited the hog pens July 28, 1982 P.M.
with cut grass bedding partially covering the dirt in
There was no evidence of a "hog wallow" in any pen.
In all candor, I cannot support any basis for a complaint t
this time.
Sincerely yours,
/s/
J. D. Yoder, R. S.
Sanitation Supervis r 1
JDY:gr
cc: Zollie Aldridge
e After reading the letter, Chairman Leggett asked if a y or all of the witnesses wished
to speak.
David Hunter, Carol McClanahan, Jesse Phillips, Larry Ogletree, Ray Gore and Evelyn Gore
all addressed the Board and each stated the pens were kept clean and the odor was not offensi
¡8
Chairman Leggett stated that since all had heard the vidence, did anyone wish
to make any comments, suggestions or motions.
Member McArthur stated he felt there was a lack of in riminating evidence to say
they were in violation.
Further discussion ensued concerning the animals in t e City and no ordinance t
pretaining to regulating such activity.
Chairman Leggett stated it could get out of hand, and a person could raise hogs
commercially in the City. He then asked Mrs. Aldridge if ers were for her own use or
if she sold them commercially.
Mrs. Aldridge stated they raise them for their own use and she sometimes donates one
to someone having a benefit.
After further discussion, Member McArthur moved to di miss the case because there
appears to be no violation. Seconded by Member Thompson. Motion carried.
Mrs. Byars was advised she could ask to address the P anning Board and request there
be an ordinance limiting livestock in the City.
Mr. Westbrook read the next case as follows:
150-82 JIM HARLOW
Operating in the City without obtaining an Occupat . onal Li cense .
Chairman Leggett asked Mr. Harlow and any others in t is case to step forward and be
sworn in.
Jim Harlow, Kevin W. Koch and Phyllis L. Koch were y sworn in by the Secretary.
Mr. Jim Harlow presented his case by stating he is guilty of working in the City
without an Occupational License. He asked, "What more do to know"?
Mr. Westbrook then asked Mr. Kevin Koch if his father, victor Koch, had contracted with
Mr. Harlow to build a boat house or boat slip.
Mr. Koch stated, "Yes, Sir".
Mr. Westbrook then asked Mr. Koch if Mr. Harlow tained permits for this project.
Mr. Koch stated Mr. Harlow had called the Corp. ineers and they supposedly gave
him the O. K. They came to the house but there was a prob with a state permit that was
suppose to have been obtained before anything was started the job was shut down.
Mr. Westbrook: "Did he get a City building permit fo the structure itself?"
Mr. Koch: "No, not that we know of."
Mr. Westbrook: "But he did get one from the Corp. of Engineers for the bulkhead?"
Mr. Koch: "Yes. "
Mr. Westbrook: "What was the cost of the project and how much was completed?"
Mr. Koch stated they had a proposal from Mr. Harlow f r $6,355.00. Mr. Harlow started
the job by digging a hole in the back yard, proof of he presented the Board by showing
pictures of various angles, etc. After the hole was dug, here was an argument and Mr.
Harlow walked off the job.
Mr. Koch further stated they had to give Mr. Harlow $ ,000. before he would start the
job, cancelled check entered as evidence. Mr. Harlow work approximately 2 weeks and didn't
accomplish too much, hence the argument, and Mr. Harlow le the job. Later we found out
there was never a state permit pulled and my father was in violation since part of the sea-
wall was removed. He had to put this back up so he wouldn 't be fined. The State has since
been over there and will let my father do it, but he will ave to get another contractor to
do it and again with state permits. We also found out the e hasn't been a boat slip
installed on Taylor Creek in years because State Enviromen al Agency prohibited it. t
Mr. Harlow should have known this and never started the pr ject. Mr. Harlow also took
out 10 loads of fill dirt instead of leaving it where my ther told him to.
i
Chairman Leggett stated the Board would enter as evid nce the cancelled check to Mr.
Harlow from Mr. Koch and the proposal from Mr. Harlow to M . Koch, and also the 3 pictures
which show (1) the slip has been dug and some post and tem orary seawalls; (2) whole back
e yard dug up and trenched; (3) actual slip in unfinished st tee
There being no further questions for Mr. Kevin Koch, e was asked to be seated and
informed he could make a rebuttal if he wished later on.
Mr. Harlow then addressed the Board again and stated his is not a contract but an
estimate stating what it could cost. Also, he presented a letter authorizing him to act
as Mr. Koch's agent and that he (Harlow) had told Mr. Koch he wasn't licensed in the City
and to do the work he would need a homeowners permit. Tha 's why the labor and material
are listed separately. Mr. Harlow stated application had een made to DER and Army Corp.
of Engineers. They have the permit from the Corp. of Engi eers.
Chairman Leggett then stated that we're a small court authorized by the State and the
only thing we can act on is if you took a job in the City ithout obtaining a license and if
you are guilty of that.
Further discussion enused concerning whether Mr. Harl w was, in fact, working as a
contractor or was working by the hour for Mr. Koch -- in w ich case, Mr. Koch would obtain
the permit and oversee the work being done. Mr. Koch had iven Mr. Harlow authority to act
as his agent since he was gone all week.
Mr. Harlow stated he was hired on the job and was not contracted. Only acting as
Mr. Koch's agent.
Following more discussion, Member McFarland moved to this until next meeting
and have Mr. Victor Koch present. Seconded by Member Jeff
Chairman Leggett asked for further discussion. ensued concerning drawings,
permits, etc.
Chairman Leggett than stated, we have a motion to and seconded. All in favor
say "Aye"--opposed like sign. Vote unanimous. Motion car ied.
Mr. Westbrook stated the next case as follows:
143-82 : RICHARD VAN DELL
Garbage, trash, debris and junked auto in premise .
Mr. Westbrook stated that Mr. Van Dell did not appear.
At this time, it was enquired if 2 persons in the aud'ence were connected with the Van
Dell case. They stated they were witnesses against Buddy air.
The Buddy Hair case had been granted continuance sinc police could not find him at
home to serve him. During the conversation concerning of Buddy Hair, it was discove
ed that we had not given at least 20 days from time of of summons until the date of
hearing. This has been the policy of the Board, was unaware of the 20 day
policy and she had sent out the summons when the which did not allow 20 day
notice. Secretary Berndt stated this policy will be henceforth.
Upon returning to the Richard Van Dell case, it this also lacked a few days of
being 20 days. Member Jeffers moved to continue the Dell. Second
by Member McFarland. Motion carried.
ADJOURNMENT
There being no further business before the Jeffers moved to adjourn.
Seconded by Member Thompson. Meeting adjourned at 8:22
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of Okeechobee
ATTIßJ: -1 13~
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Ruth E. Berndt, Secretary
CQQe Enforqeme~t BQ~!~( City Qf qk~eçhQb~e