Is Sun City
Anthem
Endorsing an
Uninsured Restaurant
?
At the conclusion of the June 25th board meeting, an interesting question was asked
by resident Tim Stebbins as to an item on the board
agenda that seemed vague with Mr. Stebbins seeking
clarification.
It was the answer to that question by
Association Vice President, Rex Weddle, that startled those in the audience.
Essentially, there were questions as to
Cafe V's insurance coverage being in force.
...and Mr. Weddle
could give no definitive answer as to its
existence.
On Saturday, a President's Message sent
by eblast to a large number of Sun City Anthem residents from Bella Meese, the
Sun CIty Anthem Association President, essentially "advertised" the latest dining specials being offered that
evening.
At first glance to the unaware eye,
that may serve as a public service announcement;
however....
In our opinion, the very nature of an
"official" association announcement sent to ALL residents, constitutes what we
perceive as an ENDORSEMENT of the
organization...
...an ENDORSEMENT
of a possibly UNINSURED firm.
In addition, Cafe V receives FREE advertising in the "officially sponsored" association
magazine, "The Spirit" that is sent to all 7,144
homes in the community.
Does this fall
within the same category?
That brings us to this vital concern
!
Has the association
president received confirmation of current coverage, and if not, should she have refrained from
any further official communication to residents until this question was
answered?
We believe this is a matter of "due diligence".
It takes no longer than a moment to ask
a tenant to produce a current "certificate of
insurance", and we would hope this has been confirmed prior to any
further "official" association involvement.
After all, residents are fully entitled
to know the extent of association liability in all matters, and rarely if ever,
is a lease signed with a tenant without REQUIRING they properly insure the
business.
When we received the eblast notice, we
sent the following email to three board members:
"How can you allow this
being sent to the residents if their insurance payments haven't been made
?
This could create association
liability if someone gets sick or slips and falls in their
restaurant.
These notices are an endorsement of
a NONINSURED ENTITY and could be a powerkeg to our resident's financial
well-being.
I suggest you reconsider this
practice until you have a certificate of insurance that shows in force insurance
coverage."
We hope this matter will be thoroughly investigated so as not
to affect the financial well-being of our community.
How do you, our
readers, feel about this?
Would any of you
patronize a restaurant that was uninsured?
Should the restaurant be
shutdown until proper insurance documentation is
provided?
Should Sun City Anthem continue
to send President reports regarding Cafe V until the insurance matter is
verified?
Send us an email
at:
Anthem Opinions
Administration
1. After last Valentine's Day I wouldn't eat in that place regardless of their insurance status - I'll share a bowel of Alpo with my dog before I eat there again, but
2. if we (the Community) ever get embroiled in a lawsuit due to the restaurant's lack of insurance, I will sue every board member for their lack of Fiduciary Responsibility (I believe there is a Nevada statute that addresses that issue)
GET RID OF THEM!!!!
We need to start a petition among residents to evict them immediately. They are abusing all business ethics and need to disappear and soon before it costs us more money.
If Bella wants the restaurant so badly let her come up with the money that SCA is owed!
First of all I cannot believe this restaurant is still operating, especially with no insurance. I ate there once and will never again. Both the food and service were awful .
I also resent receiving the emails promoting this excuse for a restaurant.
I had never tasted any food prepared by the restaurant, either in the restaurant or by catering until 24th of June. I was at a luncheon for club presidents and treasurers.
After eating the meal, which by the way, I found very unappetizing, I had to leave early because I became ill. This gastrointestinal problem lasted almost three days and I had to stay close to home. Fortunately, I did not have to go to urgent care or the emergency room.
What would have happened if it became more severe with the questionable insurance issue looming out there? I would think the association would then become liable because of the lax attitude of the BOD.
I am so disappointed in the board, current and past, and all their decisions. I went to their meetings and voiced my opinion, as did several others about a reasonably priced restaurant. They didn't listen. Just like everything else that they do. I would never eat at a restaurant that had no insurance and their food, service and prices are not what we want or need. That is why they aren't making any money. A Village Pub or Boulevard style restaurant would have done well.
We played cards on the new tables and chairs in the gallery yesterday. They look beautiful but if you are a shorter woman, the chairs are too short or the tables too tall to be comfortable. A pillow will be needed unless you can grab a chair that has the ability to go up and down. Also the big poker table that used to handle 10-12 people now has spots for 8. Another travesty of our money being poorly used. We were shown the 4 choices of chairs around 2 tables. No choice of tables as one was bigger and one was smaller. We were never given a chance to have the chairs around the table and sit in them to play. We also have 2 fewer tables available.
Of course, the pool tables have more room than anything else and no one has moved the shuffleboard table that takes up room but is warped and no one uses it.
We waste so much money that it is sad and to get anything changed is impossible. I have tried.
Thanks for listening.
First of all I, personally, resent the fact that I receive the "spam advertising" for Cafe V in my email. My email was given to the association for the purpose of keeping me informed about association business. Plus, we've eaten at Cafe V only a couple of times, and were very disappointed in the food, and the service.
Second, my questions is, if they don't have insurance, how much liability is on the association if there is an accident or illness? I certainly didn't sign up to be paying for lawyers on their behalf. I also didn't sign up to "eat" their bills for which they are delinquent. Any other business would have put them out on their ear for not meeting contractual obligations.
The majority of the residents that I've spoken to are unhappy with Cafe V, and no tears would be shed if they left, since the majority of us don't patronize them.
The board needs to listen to the residents, and not to their own personal feelings about what kind of restaurant/deli should be in our clubhouse. I've only been here a couple of years, and observed that there is too much power given to the board. They should be representing us, and not their personal agendas.
Just to let you know the BOD has known about the lack of a certificate of insurance from the restaurant for months.
Behind the scenes, for months I have been requesting Certificates of Insurance from both the restaurant and FSR that were required by their contracts.
I have the emails on my computer as proof.
Some of the Certificates of Insurance from FSR expired in April and I have not seen any proof that they were renewed and updated certificates were provided. I am glad that this issue has now seen daylight. I guess the board does not think protecting community assets is as important as self management.
...and may I add from the standpoint of Anthem Opinions, our regret when you were not elected to our Board of Directors a few months ago.
This proved a strong point....QUALIFICATIONS are so important...and Sun City Anthem "missed the boat" when, in our unbiased critique of all the candidates, we gave you our "thumbs up" recommendation.
We hope you will make another atempt in 2016....because this comment proved you have "The Right Stuff".
The current major supporters of the failing Café V...Board Members Bella Meese President, Jean Capillupo Secretary are running out of options to keep the restaurant alive.
Larry Hughes recently terminated catering director Susan Hall for unknown reason. Susan was the only hope for restaurant survival through catering. It has never been a secret all the prior four failed restaurant attempts could not survive on its own without catering..
The lasted attempt for Larry Hughes to save money was refusing to pay the utility bill because he thinks he was over charged for the trash pickup and wants a retroactive refund.
The fact that Café V is in default on payments, failing to pay utilities, and does not have liability insurance are grounds for a "lock out" until debts are paid current and a certificate of insurance is provided.
A lockout is perfectly legal as per legal council and would show Café V our BOD is serious and no more hand outs will be considered.
Café V would have two choices...perform or move out.
Let's see if our BOD will protect our association or Cafe V interests.
In response to your three questions:
No
Yes
No
Thanks for your diligence.
Dear SCA Opinions,
First......Thank you for your fair and unbiased information regarding Cafe V (aka Vics) since it has opened. Without your information being provided to residents, we would never know the truth as to what is going on at this SCA supported facility.
My spouse and I would never patronize any eating facility that did not have restaurant insurance. My educational background is food safety inspection in processing and food handling facilities and I know the dangers and costs of a food-borne illness. I was personally involved in the Schwan's Salmonella food poisoning outbreak and I understand the tremendous legal costs involved and on-going health conditions that occur.
Since it's opening, I wonder if Cafe V has ever had an unannounced food safety inspection by the county? It would be interesting to request one and publicize any issues uncovered.
Personally, I would never patronize Cafe V due to my observation of a "portable potty" next to the employee restaurant entrance. Most portable potty facilities do not have adequate hand washing (soap and hot water) available in these structures. I am unsure as to why this structure is located there and who uses it? This is a very probable "E. coli" outbreak potential which could be deadly, especially to older adults if restaurant employees are using this structure.
Finally, the SCA president should not be endorsing Cafe V ANYTIME.........especially thru emails. It makes me wonder if Bella's meals are being compensated or discounted by Cafe V as well as to other board members????
Most residents have expressed to me that they do not want to continue supporting this restaurant failure. They didn't move to this community to spend their money to finance struggling businesses. The longer our support goes on, the more expenses will be incurred. In the end, the SCA residents will be left holding the "restaurant money bag" and the board blaming the residents for community non-support.
Keep up the GREAT work!!!!!
Best regards,
You hit on things much better than your competition.
What we are most proud of... are comments such as yours. They are polite, professional, and in no way disrespectful to others.
When we began Anthem Opinions we pledged that we would make every attempt to tell the truth as fully as possible, and we refused to publish anything that degrades another human being.
Our increased readership and subscribers has taught us a very important lesson....IT'S NOT WHAT YOU SAY...IT'S HOW YOU SAY IT.
Again, thanks.
This restaurant situation seems become more and more complicated as each day passes.
The residents are entitled to a proper explanation and verification of all facts, not merely those a board wishes to disclose.
When the round of restaurant negotiations were going on last year….the board had not done a good job of looking at alternatives.
The cost of closing, the cost to repurpose the space, the tax savings from not operating as a restaurant, the cost of conversion to other uses for the space, the options for the space, were all neglected.
Are we to assume that these issues have been studied..that some subcommittee has been formed to look to alternate uses…to see the real financial impact of closing the restaurant?
The board needed time to re-evaluate. Have they done so or just wasted 6 months of our time and money ???
I wonder if any of them have checked to see if their D&O insurance premiums has been paid, because if that insurance payment has not been made, they too may be the ones in need of coverage sooner than they think.
SCA Board of Directors,
For the benefit of those Board Members refusing to read the blogs...reading this might enlighten you on what the concerned residents are saying.
Next resident action just might a protest in front of the restaurant.
Channel 13 Darcy Spears Hall of Shame would be delighted to attend with her endeavor to expose HOA corruption.
That would be another black eye for the #1 HOA to live in.
Looks like Forrest Fetherolf has nailed the matter--once again!
So, some natives are finally getting seriously restless, but as usual, they are just thrashing around and sounding off on blogs instead of going after the obvious corruption that is certain to lead to some kind of disaster--such as a major accident or food-borne illnesses for employees and patrons.
After all these years is should be clear to everyone that the board cabal is invulnerable to simple talk.
Even those directors who have shown some ethical principles have also indicated they can be bullied/extorted into quiet submission by a majority opinion and the association attorney.
Any kind of serious insurance liability failure could be easily amount to double or triple the annual assessment rate.
Who is prepared to willingly pay that kind of assessment level?
And, which director, past or present, is prepared to finance their own legal defense fund when the D&O insurance refuses to cover them?
With this kind of advance evidence of board malfeasance, no insurance company is likely to do more than spend the deductible paid by the association before abandoning the insured as unworthy of further coverage....
I am going to weigh in again and advance some theories I have formulated on these matters.
What we have is a full-blown "INSURANCEGATE" scandal brewing with two parts.
Part A is the highly questionable and suspect circumstances regarding not only whether the restaurant is and has been insured the entire time they have been here.
Part B is the highly questionable and suspect circumstances regarding active insurance held by FSR while they are employed by SCA.
In either event, it becomes increasingly more obvious that to reward the upper echelon of FSR with $90,000 salary increase money is akin to rewarding a thief for emptying out your home of all your valuables.
Lastly, I personally know that D and O insurance (directors and officers) will NOT cover any liability of any board member(s) whom wantonly and willfully breaks the law, maliciously injures any homeowner physically or financially, or sometimes even emotionally, or covers up wrongdoing intentionally.
" Sun City Anthem Board: 1 + 1 = 3"
The common sense and logic in this, when combined with another matter you brought out, will be discussed..
Stay tuned.
Maurice (Talley...SCA Activities Director) came down to the card tables to see how I liked them today and I told him that the chairs were too short for most of the woman and he, very sarcastically, said, "Nothing can please you."
Sometimes I just wonder.
I don't patronize the restaurant and it should have insurance.
This is a lawsuit waiting to happen and SCA residents will have to pay.
The answer to your survey is NO, YES, AND NO.
My comment is that a board who can’t properly manage a vendor will never be able to manage the entire SCA business. My prediction is that problems arising from “self management” will make the restaurant issues look like small potatoes.
Please continue to challenge issues which you feel need addressed.