Can Weinstein Manage Trumpets Project?
Carl has done it again, only much worse–this time….
Read his latest outrage, and tell us what you think.
comments_weinstein_blog_5sep08.pdf
Bob Frank
SCA Director
2 Responses to “Can Weinstein Manage Trumpets Project?”
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September 5, 2008 at 09:33
I have been asked to restate and clarify my proposed criteria for selection of a Trumpets operator. While there are services, financial, and health performance criteria that have to be considered in the final decision, the following food quality criteria MUST also be among the leading requirements for selection:
“We must require demonstrated PROOF of the products, quality and service proposed for our members. We must not accept a round of EMPTY/unproven vendor promises based on freshly-printed menus using unknown ingredients and displaying estimated prices with claimed catering and table service qualities that have never been demonstrated to SCA member satisfaction.”
And, as we learned with the S&D Cafe V fiasco, the Board MUST require that RMI establishes a management oversight/control system to ensure we get the required, SUSTAINED performance from the Trumpets operator–from the first day!
Most legitimate companies in the restaurant business can print up a menu, smile and make promises to suit our complex set of community desires. But, what kind of proof of performance and follow-on oversight process will be implemented? Such a contract administration process implemented by the CAM MUST be included as part of the contract negotiations so the winner will be subject to it on day one, or the contract will, once gain, fail.
Why is this element so important at this stage of the process? History shows under the S&D lease that even though the basic lease terms and conditions highly favored the lessee, that lease was an enforceable contract. The failure of the contract was because Favil West, Bob Berman, Dee McDonald, and their fellow board members and the CAM, totally failed to enforce the contract. Their lame excuses included that “S&D is threatening to sue us”. So what? Were the lessee complaints valid, who was responsible–Pulte or SCA? What serious attempts were taken to settle the dispute, and why was the lease not fully inforced in the meantime?
History shows (after some of the board’s illegal secrecy was finally exposed) that all the board had to do was (1) drive the lessee’s complaints into arbitration (as required by the lease) and to (2) simultaneously request the courts to force regular payment of rent and revenue shares or require the lessee to vacate the premises. That approach is often called “contract administration 101″. It is a fundamental business process that previous board members totally failed to implement.
By their failing to act, the 2005 and 2006 board members cost you and I over a million dollars in lost dues/assessment monies! If this board fails once again to require RMI to help develop and fully and effectively enforce our restaurant contract, history WILL repeat itself.
Members must demand better planning and more open disclosures of actions in the process. Otherwise, the board’s failures are also our own, and the community has little basis for complaining in the future.
Bob Frank
SCA Director
September 5, 2008 at 11:59
Bob;
To answer your question,
“who was responsible–Pulte or SCA? What serious attempts were taken to settle the dispute, and why was the lease not fully enforced in the meantime?”
If I remember correctly, wasn’t David Berman the Vice president at the time when a lot of rent payments were not paid by Trumpets? I think he was also Vice Pres. until shortly before the transition when Del Webb was SUPPOSED to properly fund a reserve study (didn’t happen).
In fact wasn’t David’s stated reason for reigning from the board “that he could no longer put up with what was happening on the board?”
Wasn’t John Leach the boards attorney of choice at that time (Pre-law suit)? Did any board member notify John Leach and ask him to serve The Trumpets operators with a non payment of rent notice?