AMAZING  (by: GingerleeDread  -   9/18/2011)

Well, the Wall still stands 3 years later. 7 Surveys later with none matching up and the Florida Dept. Of Business Regulation will deside who is right and who is wrong. The ethics board will deside if all involved were in violation due to their actions and what their punishment will be. The 20 Thousand I asked for to pay for the 20 feet of my frontage they needed to tear down my wall and replace it with the same likeness of retaining wall and fence and 15 foot site triangles would of been the cheap way to go for the tax payers of the City of Sebring as its cost the tax payer over 167 thousand so far to pay for the Citys Laywer to fight me for my property and civil rights in a court of law and we are far from being done. I desire to finish what is mine and finish paint it but why would I spend another moment or money on whats being fought over? I did everything by the book and the law of the land at that time . There was a permit for a 4 foot retaining wall and a permit for a 4 foot fence with pillars and all past inspection by Jim Jacobs. It was all built off of Bud Whitlocks survey. Now Whitlocks votes on issues he has been directly involved with as a City Councilman. I will overcome those who have wronged me and mine within the law of the land that I followed.

I AM THE WALL  (by: GINGERLEE THE DREAD  -   7/16/2010)

Oh yea Rusty I dont have much time to watch the tellie, I have other hobbies but the hubbie really relates to ya on King of the Hill..... ~snickers~

BE THE WALL  (by: Gingerlee  -   7/16/2010)

Dear Rusty,
In order to *pigeonhole anyone I would have to name someone and I simply generalized based off of the facts of what I personally see at both City Council meetings and County Commission meetings Ive been to.It seems that you yourself have put yourself in that pigeonhole you mentioned.
We tried many times to meet in the middle, there was no middle for the city council. Even the County was willing to pay their half if the City Council would pay the other half, thats where the talks ended. They wanted to claim our land and we will not let that happen without a fight. Would YOU give up 20 feet of your land, your 4 ft retaining wall, your 4 ft fence, 15 years of your life and toil to the city council for $1,000.? Get real,Rusty. And this really is not about your childhood and past but my reality and present. I do not live in a hood as you state Rusty but in the City of Sebring (makes me wonder if your related to Margie Rhodes as she made a similar comment about where I live), Wait till it comes to your home. Lets look at a couple court presidence on property rights shall we?
http://community.pacificlegal.org/Page.aspx?pid=301
http://community.pacificlegal.org/Page.aspx?pid=1042
http://community.pacificlegal.org/Page.aspx?pid=770
oh and one thing I havent addressed yet but will be in the future is the unconstitutional charges given homeowners with threat of liens on lands if not paid the charges made for sidewalks. Remember those charges given property owners in the City of Sebring? If you were not building new construction there according to Florida Supreme Court: (The Florida Supreme Court held that an impact fee or any fee must have a reasonable connection between the need for the additional capital facilities for the impact of new development. ) now I dont know about you but I live in a old house and had no new development going on when I was threatened to pay for new sidewalks with a lien if I didnt pay. Thats the same sidewalks the city is now trying to claim are theirs......course thats a totally different story for another time and another trial..........

STUPID MONGOLIANS TEARING DOWN MY CITY WALL!  (by: Rusty Shackleford  -   7/13/2010)

GingerLee, it's nice to see you emerge from your wall to defend yourself. I give you credit beyond imagination for your tenacity. However, some people may or may not represent themselves at various meetings downtown, please do not "pigeonhole" all posters on this site. I am very active within the community. Unfortunately I do not fit the "role" that would allow me to fill a position that would allow me to have a real say in what happens. I am not a felon. I am not on any list. I probably COULD be considered a "good ole' boy", but I am too blunt and unpredictable to consider politics. I do however, utilize my right to have my say. It may not be at meetings where tempers flare, and people argue over ugly-ass fences, but I get myself heard I can assure you. As I stated, I have tons of family history in that small section of the city. Half of my childhood pictures were taken within a few hundred feet of your Berlin Wall. How about at least beautifying it a little? Try lowering it to meet code. I know the code guys of Sebring, and a few county guys, they are not singling you out. It is a matter of the majority having a safety concern. A little nice goes a long way. How about agreeing to meet in the middle somewhere and I'm sure volunteers would pour out to rebuild, lower, and beautify that wall that is uglier than homemade soap. Just ask. You have proven now that you read the comments and are not afraid to react and post your own. Isn't freedom of speech wonderful? Use it to your advantage.MEET IN THE MIDDLE!!

BE THE WALL  (by: GINGERLEE  -   7/10/2010)

Some facts not mentioned in the article, First, The City’s survey states that my property goes beyond my wall by 1 ft 9 inches between the next door and me. The Counties survey states that my property goes beyond my wall by 2 ft 6 inches between the next door and me. I would think that the next door would not desire for either of these government surveys to stand in court as it would set precedence that I own even more land on her side of the wall then I currently claim which is right where the wall stands. Second, The County offered to build you a circular driveway in your front yard in order for your clients for your business to be able to enter and exit in a safe manner from the roadway, YOU refused their offer because YOU didn’t desire to give up your property either and yet you expect me to give up mine for your business? Second, My wall was a work in progress and not finished but work stopped on it when the roadway issue came up. This was not just one permit of work but two. I pulled a permit for a 4 ft retaining wall to save all my land that was spilling into the roadway from my hill and to bring all my land to grade to my home for disabilities reasons. The second permit was for my 4 ft fence that sits on my level land. both time inspected and passed by the City of Sebring. My property was surveyed by the now sitting Council member Bud Whitlock and that’s the survey I used to erect what I own on My property. ( By the way he did a second survey for the city a few months back and even his second survey doesn’t add up to his first nor does it match up to any other surveys. The issue is that after 4 current surveys done including Chastain Skillman, Bud Whitlock, the counties survey people, and the city’s survey people and a outside surveyor from outside the county not one survey matches up or is close to one another and since our survey is the oldest and we have a block wall sitting as its boundary built where that survey was done that is what we are standing behind. Not one survey matches up to any other hence the city has no clue where their land lines start and end and that’s what’s being fought in a court of law because how can the city say we are encroaching when they don’t know what line is even theirs and the city council refused to pay me for my wall and property that they wanted, Pro Se I might add as there is no legal aid in this county nor any of the 5 surrounding counties that will help us here in this county, nor a single lawyer who will serve pro bono or even help to mediate the court system without pay by the public that’s listed in the phone book so I hope you are all saving up and getting ready for your turn. When this issue comes to the many here in the city limits very soon, ( and its coming to the masses soon as they start to expand and renew the roadways in town, all will be affected and you will see many both poor and rich without recourse as the heavy equipment tears up your lands and life’s as it has mine in these economic hard times that the city is taking full advantage of. How many old buildings are sitting right up as mine to the sidewalks that will be cut in half to accommodate a road.) The City of Sebring is NOT a gated community as much as some of the city council would like it to be. Its as diverse as its people and I have no more desire to live as you do then you do as I however I would not dream of tempting to impose my way of living and desire on you. The county agreed to pay for their half, it was solely the city council that brought this on and I’m sure they have spent way more in just lawyers costs to fight me for my property in court. And there is no doubt in my mind that the survey I followed to build my retaining wall years ago and fence is all my land, not the city’s, not the next doors. The block wall on both roads was valued at over 30 thousand just to replace it and we asked for 20 thousand for the twenty feet of our frontage they wanted to extend the roadway. And offered to move back the fence at our own cost if the city would allow us to keep it as it stands just to not go to court and move the wall back their claimed 4 inches we are over and simply dig behind it and move it. They refused our offers. That would leave us 10 feet of front yard from our front door and no way to use any of it by me with my disability. That front yard not only has provided no less then 50 percent of our daily food but also provides to others in the community who all eat what’s grown there in my front yard. Third, Every block and fence part in this wall was saved from the destruction of hurricane Andrew and each block is a memory of a home we assisted in rebuilding in the year we were down in homestead rebuilding as volunteers the homes for the masses. These blocks represent over 200 homes we worked on to make livable again and are a memory of a part of our life. Art is in the eye of the beholder and this wall although not complete is a masterpiece to us hand made brick by brick to not only hold in our land but protect our home that also is a piece of this city’s history. By the way current changes to the zoning now makes it where there can be a 8 foot wall between residences and businesses, I’m surrounded on all three sides by businesses and my fence part is only 4 ft currently. What will be said if I choose to put up a 8 foot wall legally around my property if this one is removed?? What are other property owners going to do when they are in my position? You got a spare 15 thousand to spend to protect your land cause that’s what it cost me so far to fight for mine and we are far from over in this fight. Thank you News Sun for your basic coverage of this issue as the public needs to be kept aware of what’s going on in their community that might affect their lives. When this issue is all done I will spend the rest of my life setting up a legal aid for this community and break up this one sided biased legal state of our community as well as always vote my rights and turn over all government every chance I can get so nothing can ever be cornered by any one group or business as I’ve seen it be done over the years here. Shame on the city for using my taxes wastefully and not wisely. Shame on the legal system here for not providing what our constitution says we have a right to. And shame on the local people here who I hardly ever see at our cities council meetings I have been to over the years, and see plenty have a comment about this situation but I don’t see as many if any people at our council meetings to have a intervening say until it affects them personally. And last, yes I thank the men and woman throughout this county who have fought to keep our constitution in place as well as those who have fought to have our freedoms without war and our liberty and freedom to even have the chance to fight for what is ours, That is what being American and free to us is all about and that’s why the world wants to be here. I might not agree with your opinion but I would fight to my death the right for you to have it, just as I would fight with all my might and will for what’s mine and what’s right. And to think two years ago I was just a simple disabled retiring country woman piddling in the yard I loved not bothering a soul, volunteering and doing my civic duties were I could. Oh yea one more thing I didn’t do any of this for sympathy as a poster stated, I’m way past such a issue and I hope that it would be a help to the next person. If you are facing the same issue here locally come on by and lets talk.

Beauty is in the eyes of the beholder?  (by: Rusty Shackleford  -   7/10/2010)

I suppose if the beholder is Stevie Wonder or Ronnie Milsap. Anyway, her neighbors the Morris family have spoken up and given a perspective that addresses the danger, not the cosmetic value of the wall. Unfortunately Mrs. Gorbachev needs to give in on this one, as progress(if you want to call the parkway that) has brought on conditions concerning this wall. Besides it looks like something you would see in Overtown or Bed-Stuy. "Sebring homeowner" made some good points and deservingly burned me on a few things, but now that a neighbor has given a real world account of day to day coping with the wall, it should give us all a new outlook on the wall. Besides, it looks like the busted remnants of the Berlin Wall.

  (by: Rusty  -   7/9/2010)

Good point trish.

The wall still stands for now  (by: BoB  -   7/9/2010)

While you have your survey transit out and ready, let's see how good it will do.
Any still around who remember the major diaster that was caused to the state of Florida when the experts discovered that the BENCHMARK located st Johnathan Dickenson
state park at Hobe Sound is in the wrong place ?
Yes ALL surveys in the state are wrong.
Govt people all over the place putting up special towers, adding or removng markers, burying those concrete posts and putting in new ones.
There is one place I know of here in Highlands county which has five or more stakes, some as much as 10 feet from the others.
Now comes the fun..anybody old enough to remember what the final outcome was ?
Try looking up the details on what is now the county offices in Lake Placid.
Maybe we don't want to go back there again. It all costs money.
a

Simple  (by: ABrand  -   7/9/2010)

Simple solution. Make Orange a one way road. There's never any traffic on it anyway. NOOO That would be too simple and would save too much money. "NOT the way we've always done it"

beauty is in the eyes of the beholder  (by: brenda jackson  -   7/8/2010)

Leave the wall alone.!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

Her permit  (by: Mr. and Mrs. MORRIS  -   7/8/2010)

I am her neighbor. I have interest in what happens with this wall. All of you should have interest in this wall if you ever drive down East Center Ave. You are in danger while driving by my driveway as I cannot see you, or a pedestrian for that matter. The wall is so obstructive, that I must back the whole back of my vehicle into the road before being able to check to see if YOU are driving by. So how do I do it? I PRAY...everytime I try to edge out of my driveway with my family in the car with me!
This particular problem of mine with regards to her wall has ALWAYS been an issue. But, only since the completion of the Parkway has it become evident that it is downright dangerous.
Trust me when I say, this issue is more important than an "inconvenient" turn motorists must take off of Orange.
Also, the unlaid sidewalk in the front of her house is a lawsuit and a half waiting to happen. It is uneven gravel and has a manhole cover protruding an in or so above the ground level waiting for someone to fall and trip on. The City should have put yellow barrier tape around the sidewalk area a year ago!
Consider for one moment what this very area we're talking about looks like when the bell rings at the school across the street during the school year! This is one of the main walkways the middle schoolers use to get in and out of school everyday! It has been but by the grace of God that a child was not seriously injured last year!
I am also here to tell all of you who care to listen, the Mitchellindos built this wall at least two inches over and into MY property line as well. I asked the City for help back in 1996.....I got nothing! Mrs. Mitchelllindo is right about one thing, this HAS gone on too long! Her disparaging words against me and my family in the media has gone on too long also. Not that it had much effect considering Mrs. Mitchellindo is doing herself no favors by acting this way and are starting to see throught to the truth of the matter here. It was just two years ago that she wrote an article in this very newspaper where she thought that it would be a GREAT idea for the jail to expand all the way from Orange to Center and buy her property from her. Where was her "love" for her wall then? This isn't about her wall, this is about money. Isn't it always?! If it's not, then I beg to ask why the property listed at her address was listed at over 200,000.00!
And as far as the permit goes.....I asked to the city to allow me to view her permit that she pulled. They gladly obliged. That was less than a year ago. YOU all have that basic right too! The permit was not "lost" in any hurricane. That is called Tom foolery!

the wall  (by: trish  -   7/8/2010)

My goodness...so the wall is ugly...compared to the neighborhood not far from there...its not all that ugly.

Wall...addendum  (by: Tired of being told what to do  -   7/8/2010)

By the way...who says the wall is ugly? Beauty is in the eye of the beholder. I agree with 'Sebring Homeowner' and the owner's right to express herself. There are plenty of opportunities around Sebring other than this person's wall if you would like to view "ugly".

The wall...  (by: Tired of being told what to do  -   7/8/2010)

Sebring used to be a great place to live. More and more, the city is being modeled after another undesireable place to live...Cape Coral, Fl. There are so many rules and regulations that govern what you may or may not do with your own property there, that it is like living in a military encampment!
If the property owners obtained a building permit for the wall-where was the inspector? What is the purpose of a permit? Does no one follow-up to be sure of the workmanship or that the codes have been adhered to? Or, do you just pay out the cash for a permit because it is another way to get money out of your hard working hands?
My vote is for one of those "good ol' boys" that practice law (maybe someday they won't have to practice any more and will actually know what to do) could step up and do a pro-bono for the poor lady and get the mess cleaned up for her.

Ron  (by: Rusty  -   7/8/2010)

She looks like she could be related to Gorbachev. Not trying to be mean or anything. If I was I would have more to say.

The Wall  (by: Tonya Marshall  -   7/8/2010)

The issue here is not whether the city lost it's permits or not. The issue is who is to say they can't just decide one day that another street needs widening and then they take someone else's land. Who is to stop them from doing this? This smacks of Eminent Domain.

land  (by: citizen  -   7/8/2010)

If it is encroaching by a few inches or even a foot, then why would the County need 20 feet of her property? She is looking for sympathy. That is why she keeps going to the paper about her property. ALso, the City and County have retension periods for thowing away their files. If she pulled a permit 15 years ago, i'm sure that they don't have to keep them from that long ago and there would be no record to produce. If she had inspections, it was sloppy work by the inspectors from the City. That is not the County's fault. Now the City has to face the fact that they made an error years ago and unfortunately, Mrs. Michelllindo has to pay for it. The City was willing to pay for the revisions that were needed for correct the problem. If she would have accepted, she would have had to pay anything and saved herself $10,000. We wouldn't have to look at her in the paper all the time and construction could be done on Center Ave. Now she is going to have to pay more from court costs and then the costs to fix her wall ontop of it.

Lost   (by: Not Stupid  -   7/8/2010)

Oh thats the biggest load of crap ever! The only goverment building harmed during the hurricanes was the post office. Lets just say the roof was damaged wherever they were storing these records, do they just keep paperwork in stacks about the room? Noooo they use cabinets & boxes. These were pathetic hurricanes, not tornados! you're telling me there was no backup at all? no duplicates or computer files? P-lease.

Duh  (by: Hating Thing Place   -   7/8/2010)

Good Freakin Lord how wide does Orange street need to be? Barely 15 cars use that street all day anyway. Let them keep their wall. Beauty is in the eye of the beholder. Im sick and tired of the city & county getting whatever they want b/c no one wants to get in a peeing contest with them. Good for you Mitchellindo! Stick to your guns!!!

The Wall  (by: hellosusie  -   7/8/2010)

First lets get a few things straight,
1.The wall is ON the City of Sebring right-of-way, NOT on her property as she has proclaimed. I have personally seen all three surveys and they do vary by a tenth or 2 which is quite common in some of the older parts of town.
2. As far as a permit that she did get to build the wall ON her property, not on city right-of-way.
3. The city never wanted any 20.00 feet of her property as she suggest.
4.7 years or 50 years you CAN NOT file adverse possession against a City, Count, State or Federal entity as Sebring Homeowner claimed.
5. The women is trying to extort all she can get from the city and/or county taxpayers.
6. THE WALL NEEDS TO GO.

wall  (by: Knucklehead  -   7/7/2010)

I have no problem turning or seeing at the intersection. It is not the nicest looking wall, but I guess it is hers. What I cant understand is how the City lost the permit and uses the hurricanes as a excuse for loosing it. In the article it doesnt say the city said it lost the permit, just the owner saying they did. Something tells me there never was a permit. all the Citys permits are on computer so why would they just loose one?What it sounds like to me is that if the City came up with enough money than Mrs Picasso designed wall would tear it down rather quickly.. Other wise why dont they just forget it and move on to other things. Yes I also agree with Rusty about the roands merging, one night after a football game I about wrecked when the lane I was in almost drove me across someones front yard when it ended. When you drive around downtown, one wonders where our code enforcement is, the downtown was making some progress when Leee Tolar was doing it, he was always fair and treated most people all the same. The new guys seem to be very selective on who they site, and from the size of thre bellies it seems they are in the Blue Crab eating more than they are on road patrol.

Very true Stew  (by: Rusty  -   7/7/2010)

Let Mr. Cardona know how much you enjoy malfunction junction.

Keep the wall up!  (by: eeeeeegaddds  -   7/7/2010)

Nobody wants to see THAT!

everybody is ill informed  (by: Story watcher   -   7/7/2010)

what many of you fail to realize is the the Mitchellindo's DID in fact apply for a permit to build a FENCE, not a wall structure. On the permit it clearly states that the FENCE must be erected WITHIN CITY CODES! The problem here lies with two entities. One....the Mitchellindo's who not only built a permanent wall structure that is inches over ALL property lines but also four feet too high. Two....the code enforcement people employed back when it was built did not pay attention as it was being built despite numerous calls even way back in 1996. YES, calls were made! This wall surrounding the property at 503 east center is not only over by several inches onto the city easment, but three inches into their neighbors property. Calls were made! The city did a poor job of responding to calls of just one neighbor. They didn't seem to take interest until the Parkway project presented it's problems.
There are unremoveable steel markers left from the early days that still represnt boundary lines with extreme accuracy.
The Mitchellindo's wanted more, so they took it. Now they are crying sour grapes because they have finally been called on it.
The city is in the business of granting permits, but are not in the business of checking to make sure you built what you promised. Therein lies the problem. Inefficiency by our local government that never fails to amaze me. They only perk up when it suits them.
This wall had no business EVER being built in the first place.
It is an extreme eyesore, it breaks ALL kinds of city ordinances. i.e. not being painted and mold and mildew, and if any one cares to look up the city ordinances...it's right there in black and white....NO fences or structures to be built or erected may be taller than four feet in the front of your home. Theirs is over eight!
So for all of you who think it's horrible that the city is trying to rob them of their land, try educating yourselves first before weighing in please.

Wall  (by: Ron  -   7/7/2010)

"Mr. Gorbachev........Tear down this wall." -Ronald Reagan

Sebring Homeowner is right I suppose  (by: Rusty  -   7/7/2010)

Paid in blood is correct, several reatives of mine have been killed in different wars. Parkway bungle is correct. How many school zones does it run through? No, I would not be good for the arts council. I have family history in that little pocket of downtown, that is why I said something. I guess if she wants her place to look like Beirut it's her right. I remember when I was a kid and they expanded the middle school. My grandmother knew the lady whose house was where the field is next to the parkway. She fought too and lost. I think her name might have been Yeager or Yager.

Public Safety Issue  (by: Stew Pidfase  -   7/7/2010)

Her wall is not a public safety issue. A public safety issue is the right turn out of Sebring High School on to Kenilworth Blvd. It looks like two lanes but is actually only a lane on the left side of the road line. Another public safety issue is the right turn from Highlands Ave. on to Kenilworth (going towards Lake Jackson). Looks like two lanes when you turn but it is only one.
How about driving on Kenilworth going towards Lake Jackson. When you cross over Highlands Ave., the straight lane meanders to the left.
Who designed the roads leading on and off the parkway. What a joke.

Your property  (by: GT  -   7/7/2010)

You think you own your property until some government body decides to take it. It doesn't matter what the wall looks like, if it had a permit it's legal (how convienint to loose the permit). Someone screwed up and allowed the road improvement without the proper clearences. The government should either pay for the R/W or change their plans to accommodate the wall "as is". The fact they screwed up is their problem and should not be yours. If you are not concerned about this as a property owner wait till they come for yours.

The wall still stands!  (by: JL Lewis  -   7/7/2010)

Swain even admits there was a permit. That is that to me. You buy your permit to get PERMISSION for the wall from the city. They inspected it long ago, before there was ever going to be an expansion to the street. No one had any problems for over 15 years! It's sad and wrong that the city can up and decide one day to take your property because of a project they want to do? And use the excuse of public safety. The city doesn't want to pay a fair price for the property. No one would agree to just give their property away for less than it's worth. But the city will sure spend all your hard earned tax dollars to take an innocent person to court and ruin lives just because they can. It's not their money their spending so they can afford to be unfair and unjust. SHAME ON ALL INVOLVED WITH TAKING A PERSONS PROPERTY LIKE THAT! And all regular people know it's all over money and power and maybe even racism. Is it coincidence that the property is owned by a black man? Is it a problem in some peoples eyes that that same man happens to be married to a white woman? Who else has been harassed by the city in this manner? Answer those questions voters and you'll know who to vote out or have fired from the city. Lost the paperwork during the hurricanes. Why am I not surprised? The paperwork that the city so conveniently lost probably doesn't work in the city's favor so it will just disappear for now.

One person's art...  (by: Sebring Homeowner  -   7/7/2010)

Rusty, nice opinion. Glad you are not in charge of the Art's Council.
Leave my land alone too. No respect for people's property at all huh? If city hall wants the land, pay for it. It is clear the wall has been there for more than 7 years.
It may be ugly, but many paid in blood for her right to express herself in that fashion. Might as well dig up those graves too and make way for phase three of the Parkway Bungle.
But, they paid for Rusty's opinion as well.

close the street?  (by: Bruce Borkosky  -   7/7/2010)

Why not just close off Orange street? That would solve the problem.... Another alternative - close off half the street - egress from Orange to Center (allowing cars to turn onto Orange from Center)...

It's not art, it's not defensive, it's just plain ugly. Break out the sledgehammers and "beautify" the hood a little  (by: Rusty Shackleford  -   7/7/2010)

The wall is ugly as hell and should be ripped down for that reason alone. File it under the downtown improvement project and send a backhoe and dump truck over there. Consider it a public service.