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Highlands Today

City: Wall obstructs drivers' view

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By JOE SEELIG

Highlands Today

Published: October 15, 2009

SEBRING - New right-turn-only directional signage was installed Tuesday at the intersection of Orange Street and East Center Avenue due to existing safety concerns that cropped up when the avenue was widened and a grassy swale was eliminated.

A four-foot high cement block wall with four-foot columns at 503 E. Center Ave. reportedly creates a line-of-sight issue for drivers who leave Orange Street, according to City Administrator Scott Noethlich.

The city and county have maintained that the wall was built about 10 years ago on city property and several surveys have agreed with the city's and the county's assertion.

"You can't see traffic coming from the direction of the parkway," Noethlich said. "You actually have to pull into traffic that's coming eastbound in order to see traffic coming westbound."

The issue came up while the county was widening East Center Avenue, in connection with work being done on the Sebring Parkway.

The line-of-sight issue makes it too dangerous to make a left turn on East Center Avenue toward the Circle or to go straight ahead into the Sebring Middle School parking lot, said Noethlich.

At its Oct. 6 meeting, Attorney J. Steven Southwell, of Morrell Watson and Southwell, in Wauchula, argued before the city council on the property owner's behalf, but was unable to obtain a compromise that his client and the council would accept.

The city maintained the wall is on city land and needed to be rebuilt about two feet back. It also wanted certain concessions to eliminate line-of-sight issues.

The city council directed Attorney Bob Swaine to send a letter (sent on Oct. 8) that gave Gingerlee Mitchelllindo and her husband, Kalvin Berice Lindo, until Nov. 20 to remove the wall.

If it is not removed the city will file a lawsuit to compel them to do so. Mitchelllindo has indicated that she will take the issue to court and let a judge decide.

"This is a property rights issue," said Mitchelllindo, on Wednesday.

In a letter to Noethlich dated Oct. 12, County Engineer Ramon Gavarrete had an even more drastic solution to the potentially dangerous situation.

"Due to safety considerations, it is my professional recommendation as a licensed professional engineer in the state of Florida to temporarily close Orange Street at its intersection with Center Avenue until the wall located at the southeast corner of the intersection is removed and all the sight visibility issues are addressed," Gavarrete wrote.

In light of Gavarrete's recommendation Assistant City Administrator Bob Hoffman met with Police Chief Tom Dettman, Police Cmdr. Steve Carr, Noethlich, City Attorney Bob Swaine and Gavarrete held a conference call and concluded a temporary right-turn only from Orange Street would be sufficient to address the line-of-sight issue due to the wall.

City police will enforce the new traffic-flow changes.

At the city's Oct. 20 council meeting the city will consider three options.

First to discuss and consider Gavarrete's opinion about closing off Orange Street and/or require the right turn intersection.

Consider whether the landowner be given less than 45 days to remove the wall.

And lastly, consider making changes to the city's fence ordinance addressing obstruction of site issues.

Ed White, the city building official, is obtaining ordinances from other cities about how they have addressed this issue.

"The right-turn only that's been implemented at that intersection as of yesterday is a temporary solution until the wall is removed and line-of-sight issues are addressed," said Noethlich.

"New walls go to the building department for permitting. They will have to go through the permitting process again. If you're looking for a variance you've got to go to planning and zoning."

Staff is looking for direction from council to develop an ordinance that addresses obstruction of sight issues.

Highlands Today reporter Joe Seelig can be reached at 863-386-5834 or jseelig@highlandstoday.com

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