South DaCola

Should Sioux Falls residents that have sustained vehicle damage from potholes file a Class Action?

Various online reports are coming in that hundreds of cars in Sioux Falls have received expensive damage from potholes. That seems a real slap in the face, as we pay taxes not only to make sure our roads are well maintained, but that our roads are also safe. If many of the roads are no longer safe to navigate, does that give taxpayers grounds for legal recourse?

A similar situation arose a few years ago, when several homeowners sued the city in a class action suit to pay for sewer backups and won. Since the plaintiffs had to divide the compensatory judgment, they each probably didn’t get enough money back to cover repairs, but it was better than a kick in the teeth. One recipient told me he recovered about half of his damages.

I’m not an attorney, so I’m not sure why the class action lawsuit approach was used in that example. But, if appropriate for that event, should citizens ban together on this shared loss/pothole damage situation as well?

FF: 1:25:15

I started thinking about this when I watched last night’s city council meeting and debate on whether to fund pothole repair with a supplemental appropriation of $500K, an idea councilors Starr and Stehly cooked up. It had merit, and after their press conference to announce it last week – SURPRISE – the city finally responded by announcing at least a “ramped up” asphalt hot mix pothole repair crew schedule. 

No doubt we are in an unprecedented, emergency pothole situation here. More than one city manager and/or elected official admitted as much. But, that didn’t stop councilors who loathe Stehly to argue against it by wrapping themselves in “You can’t fight mother nature”, and more lame retorts.

Neitzert claimed that Theresa and Pat were accusing city employees of not working hard enough. Starr countered that additional funding could pay for relief manpower for reportedly overworked street department crews. Kiley suggested we all just “slow down a bit” and leave ourselves more time to reach our destinations. I guess he wants all 9 to 5-ers to drive 5 MPH to work, huh? Starr remarked he’d recently followed a police car weaving down the road avoiding potholes on routine patrol, and pondered how that impacted the officer’s attention to traffic safety in his immediate proximity and to his police radio. Should fire trucks and ambulances drive slower too, Councilor Kiley?

Councilor Soehl was angry because Stehly didn’t consult ‘experts’ and asked how she knew there was an issue requiring more resources. Apparently Soehl must drive a hover craft, jet pack or helicopter everywhere. Stehly reminded him that it was self-evident there is a problem – the “experts” she was hearing from were concerned constituents and drivers suffering pothole related losses. It’s like the old adage, “You want it fast, good or cheap? Pick two.” In this instance, we need pothole relief fast and good, so that requires more money. Pretty simple. 

As I have mentioned before, Germany and several other European countries warranty their roads and make contractors responsible for repairs, as well as research and development. They have the smoothest roads in the world. So, maybe just the weather isn’t to blame for our fragile roads; maybe it’s how we build ‘em. It has always perplexed me that we pay out bonuses for getting road projects done ahead of schedule, which rewards the potential for shortcuts and mistakes. I feel you give a contractor a due date, and if they don’t hit it, they get docked pay. But, there should not be bonuses for beating a deadline, other than perhaps for rebuilding a major essential metro freeway bridge knocked down in an earthquake – not a likely scenario around here. And like I mentioned above, a road should be warranted like other goods and services which are exchanged for fees. Of course, this would make roads cost more, but as many have been asking, “What do we pay our taxes for?” Taxpayers deserve serviceable and durable infrastructure for the various taxes they pay on what they own, many of which overlap as in the case of automobiles. 

So, you have a least 4 council members mortified at the proposal of a $500k infrastructure repair supplement to the budget (that if not used goes back in the 2nd penny fund), yet a few years ago the council didn’t blink an eye in GIVING (not a loan) $500K to the Huether Tennis Match Pointe with no accountability to the public. In fact, since it’s inception, nobody knows what the payback has been from that place, and there has been no yearly reports. On top of that, the Huether Tennis Temple selfishly won’t allow taxpaying citizens using the Sanford Sports Complex to use the tennis parking lot during major Sanford events! So what is more important: potholes & road safety. . . or indoor tennis? Five councilors seem to have the answer to that question. It’s just not the right one.

Here is a copy of the Mayor’s Emergency Declaration; EO 211

I also noticed last night that Council Chair Erickson had a personal plea on FB to have people help her sandbag her rental properties. I suggest Erickson help out the local economy and go down to People Ready and hire some temps, or maybe go over to Moonlight Massage and see if any of the immigrants would like to earn a little extra cash. I know it is not the kind of work they are used to, but it’s a little less dirty,

Click to enlarge

 

 

Exit mobile version