by Jim Ashley
posted December 20, 2008
) Photo by Jim Ashley David Smith Sr., left, and his son, David, co-owners of Wimpies Country Restaurant, talk to the Soddy Daisy City Commission. |
New commissioner Shane Harmon, who said he was a frequent visitor to the restaurant, was instrumental in making the gift possible.
Meeting with the commission during its regularly scheduled second December meeting, Mr. Harmon pointed out that the city’s public works department accidentally cut the gas line to the popular Soddy-Daisy eating establishment Thursday and forced it to shut down its business the rest of the day.
Public works personnel, he explained, were digging on the road in front of Wimpies when the accidental cut occurred.
David Smith, co-owner with his father, David Smith Sr., told the commission that he not only lost money, but his employees also lost wages and tips and that “it hurts right here at Christmas.”
The younger Smith explained to the commission that the restaurant lost $1,835 in sales and tips and food that he had purchased and prepared but had to throw away.
“I personally think he needs to be compensated,” Mr. Harmon said, making a motion to the commission. “I feel like we did it. I feel like we’re responsible. I’m not pointing a finger at anybody and saying it’s anybody’s fault, but if you’re digging, you’re going to tear something out today.”
Mr. Harmon then said that the marking company that marked the area for identifying the gas line may be at fault but that marking companies “don’t like to take responsibility for anything.”
The commissioner noted that he knows that is true because he owns a company that has used marking companies that incorrectly marked areas that resulted in mistakes and cost him money.
“I’m up for suggestions on how to handle this,” he said of the Wimpies situation.
Soddy-Daisy City Attorney Sam Elliott said the commission should first find out who was at fault and noted that, according to law, the city may not be liable for such mistakes when it involves “our right of way.”
He suggested that the commission contact its “insurance carrier and see what their viewpoint is.”
Public Works Director Bill Renfro said the gas lines were plastic and that their exact location could not be determined by a metal detector.
Mr. Harmon said that “regardless of what our insurance carrier says, the right thing is we are responsible. You either do the right thing or you weasel out of it. I’m not saying that’s what we want to do, but an insurance carrier 99 out of a hundred will try its best to weasel out of anything.”
A lengthy discussion ensued and included a request by Commissioner Jim Adams to “get more information” and a comment by Vice Mayor Bob Privett that those who incorrectly marked the site should be “considered for liability.”
Mr. Adams also expressed concern that compensating Wimpies might set a precedent that could be costly for the city in the future.
Commissioner David Skiles noted that the Smiths have been an asset to the Soddy-Daisy community for years and that he was making a motion to “pay him what he says we owe him because I don’t think anybody else will accept fault.”
Mr. Harmon noted that he had already made a motion for the compensation. The commission then voted to approve the motion and also to pursue identifying others who might me liable.
Also during the Thursday meeting, the commission approved on first reading an ordinance “creating a new Section 3-206 of the municipal code relating to the employment of collection agencies to collect municipal fines and cost.”
Additionally, the commission discussed hiring a company via low bid to clean up brush on city-owned property, mulch it and make the mulch available to city residents.
The meeting began with Cathy Loftis presenting numerous awards to Soddy-Daisy organizations who participated in the recent Christmas parade.
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