published: Wednesday, January 16, 2013

Wall still stands after Mitchelllindo spooks contractors

By SAMANTHA GHOLAR

sgholar@newssun.com

SEBRING - The wall at 503 E. Center Ave. has yet to come tumbling down as property owner Gingerlee Mitchelllindo inadvertently bought herself a little more time with her ongoing fight with the city of Sebring.

The retaining wall surrounding Mitchelllindo's property was initially scheduled to be demolished during the Highlands County School District's winter break; the city had hoped to have the project completed by Jan. 7.

City Administrator Scott Noethlich stated multiple times that the city had instructed the demolition and engineering team, Excavation Point, to complete the project while school was out in order to avoid any transportation problems or issues.

Excavation Point got a bit of a scare on Jan. 2 when Mitchelllindo verbally threatened the workers, according to City Attorney Bob Swaine.

"The contractor showed up to do the work; she threatened to sue him if they touched her wall," Swaine stated.

Mitchelllindo openly stated that she did in fact speak to the contractor, informing him that she has an ongoing civil suit with the city (as well as the county) and that it was an issue that "they did not want to get involved with."

"I told them if they did (get involved) that I would just add their name to the suit. I told them that I would sue ... I'm not going to physically do anything, but I will sue anybody who touches my wall," Mitchelllindo said.

The tactic worked, obviously; the contractor has yet to return to Mitchelllindo's property though a few other entities have been there. According to Mitchelllindo, a utilities company and a water company have both been by checking water lines and such on and around the property.

The city's plan to have the wall demolished before school started back up is obviously a past memory at this point; the next step is to ensure the comfort of the workers contracted to do the job.

"He (contractor) wanted a little extra comfort. He's never gone to a site and been threatened to be sued if he touched the property," Swaine said.

The indemnification in a contract provides the contractor with ease and directions by which they must follow to complete the job. The contract was presented before the Sebring Council Tuesday evening for approval.

No new date had been set for the wall demolition at the time of press.