Wednesday, November 26, 2008

Cheaters at the Market - The Biggest and Fattest Ones: Part 2 - Robertello/Kapnick or whatever it is they call themselves today


The screen capture shown here comes from the Tecumseh Herald, in Tecumseh, Michigan. The article from the paper shows a photo of the owner of Kapnick Orchards, Sharon Shaffer. The caption underneath the photo says: Pictured above - Sharon Shaffer owner of Kapnick Orchards. An excerpt of the text from the article follows: Kapnicks are making the best of a bad situation by selling #2 peaches that are just as delicious as #1’s at rock bottom prices. The #2’s show the spots where the hail struck, like those pictured above held by owner Sharon Shaffer.

Scott Robertello, who claims he is the owner of Kapnick Orchards, has been allowed by the City of Ann Arbor Parks and Rec Department, to rent stalls at the Ann Arbor Public Market without going through the proper procedures required under the Market Operating Rules at the time he made application to vend under a different business entity.

Scott Robertello wasted the time and energy of the Market Commission. Here is a quote from the former Market Commission Chair, found on the blog www.arborupdate.com,
"The issue about Mr Robertello not transferring seniority rights from Kapnick Orchards to the store known as Kapnick Farm Market Inc. came up at that time (2002). I asked Mr Robertello after a Commission meeting if he had ever followed Market Operating Rule 7, and made a legal transfer of seniority rights, and he replied that he did not, "because Maxine (Rosasco) said I didn't have to". My reply was that Mrs Rosasco didn't have the authority to make that decision. The market's inspector at the time found that paperwork in Mr Robertello's file was a bit out of order, and he could not make a definite determination of Mr Robertello's status. My questions to the City's Legal Department, including attorney Mary Fales, went unanswered."

Instead of filing the proper paperwork required of all other vendors at the market, Mr Robertello essentially lied to City officials by saying he was the owner of Kapnick Orchards and circumvented the process in place. Yet Mr Robertello was one of the first to file complaints against other vendors (like Erie Orchards and Renaissance Acres Organic Herb Farm), and was allowed to maintain a seat on the Market Commission - in violation of criteria the City has for those who wish to be on Boards and Commissions.

Fraudulent business practices should not be rewarded, so Fuzzbollah says boycott Kapnick's!! or whatever they are calling themselves today.

8 comments:

Anonymous said...

The article also mentions Sharon losing 90% of her apples this season.
Was Kapnick Orchards Inc. sold or transfered?
There's a current member 2008listing for Kapnick Orchards Inc. member of the tecumseh chamber of commerce. Address 4245 roger's highway. Britton MI.
According to the city, Kapnick Orchards Inc. does not attend the A2 market any longer.

Seniority was given to 3 newly formed corporations. 2000 shares of stock at 1.00 per share for the Mr. R and he's in business!! That's right $2000. and the seniority rights and stalls were transfered to the following...
The business entities in those stalls now are R&S Farm Inc. Kapnick LLC and Kapnick Farm Market Inc.(which is a retail store).

Anonymous said...

have you sent the article to city officials? market manager? to other vendors?

Anonymous said...

Here's Mr. Thompson's take on it along with the managers

I sent the following email to Molly Notarianni, the Ann Arbor Market Manager.

"Dear Ms. Notarianni;

A visitor to our blog, ArborMarket.blogspot.com left a comment that they believed a hail storm on June 21, 2008 severely damaged the apple crop at Kapnick Orchards. The implication of the comment was that the orchard did not have a sufficient crop to supply the apples being sold at the Ann Arbors Farmers Market.

I know that you and the Market Inspector have made considerable effort to ensure that produce sold at the market is actually produced by the vendor. I think this is a service to the Market that is appreciated by many customers and vendors.

I understand that the Market Inspector visited Kapnick Orchards after June 21, 2008 and I know that you announced at a recent Market Commission meeting that Kapnick Orchards had passed the inspection. However, to satisfy the concerns of some readers of the blog I would appreciate it if you or the Market Inspector would confirm that the inspection occurred after June 21, 2008 and that the quantity and quality of the fruit observed was adequate to supply sales at the Market.

Thank you.

Glenn Thompson"

I received the following reply.

"Mr. Thompson,

Kapnick Orchards was inspected on July 25, 2008, over a month after the aforementioned hailstorm.

Their inspection report confirms that yes, the quality and quantity of fruit present at Kapnick Orchards on the date of their inspection was adequate to supply their sales at the Ann Arbor Farmers Market.

Thank you,

Molly Notarianni"

The statement that Kapnick Orchards had a significant crop loss appears to be totally false. Scott Robertello of Kapnick Orchards commented that this years harvest was substantially larger than the 2007 harvest.

December 4, 2008 12:48 PM

Anonymous said...

Scott Robertello of Kapnick Orchards acknowledged that some of the apple orchards were "hit" by hail. He pointed out that green apples are a lot less sensitive to hail than peaches.

Mr Robertello stated that he expects an increased harvest this year compared to 2007.

We will attempt an independent verification of either the "anonymous" claim or the statement by Mr. Robettello.

December 6, 2008 6:37 PM

Glen Thompson

fuzzbollah said...

Unfortunately, the comments by Mr Glenn Thompson fail to acknowledge that Mr Robertello CHEATED in getting vendor stall seniority at the market. It is true that the vendor entity selling produce at the Public Market is no longer Kapnick Orchards, but is Kapnick Farm Market Inc, or Kapnick LLC or R&S Farms Inc. Kapnick Farm Market Inc, is then in reality a broker, buying Kapnick's produce, and selling at the Ann Arbor Public Market, in violation of rules set many years ago. Why Mr Thompson aids and abets Mr Robertello's fraudulent business activity is anybody's guess - maybe Mr Thompson gets free apples or something for it.

Loss of 90% of the apple crop, as indicated in the Tecumseh Herald article, should mean only 10% of the apple crop showing up at the market, or alot more "seconds" showing up at the Krapnick stalls, or alot more apple cider showing up at Krapnick's stalls.

How would anybody be able to notice if Krapnick's or Robertello goes and buys a few truckloads of apples, mixes them in with the others they have in stock, and then pass them off at the Ann Arbor Public Market as their own? A one time inspection is not going to bear that out! And if Robertello et al cannot be trusted to abide by all the Market Operating Rules in the first place - such as with proper seniority transfer - then why should they be trusted to not broker fruit grown at other locations and pass it off as their own???

Anonymous said...

Fuzzbollah, something very funny happenend at the market this week. Instead of adding this as a comment I ask that it be put into your blog for comments to be taken .. The story is as follows.
Vendor 1 took his permanant stalls on Saturday, main aisle down by Kerrytown.
Another vendor took stalls in the cener of the main aisle next to R&S Farm Inc. (farm/veggies/fruit according to their corporation papers but continue to use the business name Kapnick Orchards Janice Kapck Kapnick Orchards Inc.' Name) on Detroit street.

The vendor that set up in the prinmo stalls in the center on Detroit street told vendor down by Kerrytown the following "you cost us thousands of $$$$$$ by making us set up in the center stalls." Our customers told us they drove by, didn't see us then continued to drive past the market.
This is utter nonesense. All the long term vendors have fought long and hard to retain the monopoly they have at the market on the main aisle. Everyone knows the rest of the market is called dead man'a alley. This group of long time vendors also fought not to have the market layout reconstructed as it would have given ALL vendors an equal chance to sell.

What gives vendors? Someone complaining about having primo stalls at the market during the holiday season!!!!!!!!!

Anonymous said...

Earlier this year the market manager was sent a portion of the Department of Agriculture certified list of plant grower/plant dealer. Turns out several of the vendors are on the dealer list! The vendors are still at the market.The dept. of ag tells us, as coonsumers, they are dealers.
The recent inspections by the city tells us they're growers.
What's going on?

fuzzbollah said...

Well, then, provide me a list of names of all of the vendors at the Public Market, especially those that are on the Dept of Ag's "dealer" list, and I will post them to this blog for all of Ann Arbor to see.