Former Market Commission Chair Fights For Better Baked Goods Rules At Market

In this posting, Fuzzbollah is allotting to former Market Commission Chair Luis Vazquez the Bully Pulpit. He proposes to speak before the Ann Arbor City Council, and protest at the 90th Anniversary of the Farmer's Market. Below is an open letter to be sent to City Council, the Parks Advisory Commission, and the Public Market Advisory Commission. If you wish to support Mr Vazquez's petition, please do so in the comments section below the posting.

Take it away Mr Vazquez:

It is said that one bad apple can spoil a whole barrel full.

The Ann Arbor Farmer’s Market is billed as a “producer only” market. Customers of the market rely on the notion that vendors are growing the produce, making baked goods from scratch, and hand-making crafts sold at the market. In fact, as the 90th anniversary of the Farmer’s Market is being celebrated, the city’s website contains the following statement “The Ann Arbor Farmers Market features locally grown food, plants, prepared food items, and handcrafts, all sold by the wonderful people who make them.” My concern is for the integrity of these statements and notions, and to bring to your attention rules that are not being followed that could damage the reputation of our Farmer’s Market.

Chapter 31 of City Code states the following:
2:94. Persons who may use.
The Public Market may be occupied by persons who are offering for sale articles of their own raising or production.

Market Operating Rules state the following:
V. MARKET OPERATIONS
1. Vendor Operations
A. Vendors shall use the Market in strict accordance with the Market Rules, and Chapter 31 of Ann Arbor City Code.
B. All food and products offered for sale at the Market must be grown or made by the vendor who offers the product for sale.
G. Vendors shall not misrepresent the quantity, quality, type or origin of food or products in any way.
H. All food and products offered for sale at the Market must be grown by the vendor, or made by the vendor in Michigan, Ohio, or Indiana.

I am directly approaching City Council with this matter because I have attempted to get redress of grievances through the proper channels and have been ignored. As a taxpaying citizen who has served over 5 years on the Market Commission, including 2 years as Chair of the commission, I feel I am getting the runaround from Ann Arbor’s Parks and Recreation Department.

In March of 2009, I contacted the Public Market Advisory Commission and asked them to consider and adopt a set of rules regarding baked goods (attached) that explicitly define what baked goods items are acceptable for sale at the market. When I was Chair of the Market Commission, we worked on such rules, but never got to the point of adoption of these rules as the Market Commission was dissolved in July 2007.

At the Public Market Advisory Commission meeting of April 21, 2009, I brought forth a complaint regarding vendor Kapnick’s Orchards after finding this vendor on the list of a baked goods supplier. I asked the PMAC and the Market Manager to inspect this vendor to verify the origin of their baked goods (not just their pies – all of their baked goods).

The Public Market Advisory Commission and the Market Manager have never replied to me regarding the consideration or adoption of the proposed baked goods rules, so I am appealing directly to the Ann Arbor City Council to adopt them.

Regarding my complaint about Kapnick’s Orchards, I never received a reply from the Market Manager, but did receive a reply from her Supervisor Jeffrey Straw, who states in an email “Our rules currently state that baked goods must be produced by the vendor but the definition of "produced" is not exclusively specific and therefore left to the decision of the market manager.”

I have no objection at all to vendor Kapnick’s Orchards continuing to sell apples and other produce that they grow. However, I vehemently object to any vendor having an unfair advantage over other legitimate baked goods vendors by using “thaw and bake” products, and putting a Kapnick’s Orchards label on them. There is evidence that Kapnick’s Orchards is not making or producing their baked goods they sell at our Farmer’s Market, and that deserves an investigation, not some bureaucratic baloney that the definition of a “producer” is so unclear or nebulous.

The Ann Arbor Farmer’s Market has already lost one legitimate baked goods vendor because of Kapnick’s deceptive baked goods practices. Big City Bakery owner Scott Newell found he could not compete with “thaw and bake” products being sold at the market and decided to not sell at the market anymore. Scott Newell’s business is located in the City of Ann Arbor, he pays taxes, and he also served on the Market Commission prior to it being dissolved. Scott wrote the proposed baked goods rules that are attached, and they deserve consideration and adoption.

I will be protesting at the 90th anniversary of the Farmer’s Market, and asking people for their signatures on a petition supporting adoption of the attached proposed baked goods rules. There will also be an opportunity for people to support the petition on-line.

Furthermore, I am asking City Council to consider discontinuing operation of the Farmer’s Market by the Parks and Recreation Department. My observations and experience tell me that Community Services Administrator Jayne Miller has dropped the ball in making improvements to the market’s physical structure (including years-long delays in basic maintenance) and market operating rules. I have absolutely no confidence in Jayne Miller, or Jeffrey Straw, to make the changes necessary for a successful market. They disregard citizen input, have contempt for community organizers, and make all of the decisions themselves regarding policies of the market. The most recent example is the imposition of increased stall fees. The Public Market Advisory Commission was not kept informed in a timely manner, opposed the stall fee increases, but was overruled by city functionaries – including City Council. If the Public Market Advisory Commission is so ineffective, and can be capriciously overruled, then why have a commission in the first place?

There is also citizen resistance to using any Parks and Rec millage taxpayer funds to make improvements to the market’s physical structure. I think it is tragic that after spending over $120,000 of Market Operating Fund money for a Master Plan, that City Council tabled indefinitely the proposals to build additional structures and water retention measures on the market site. Instead of the Farmers Market being a better revenue generator and a much more viable public space, we are stuck with a dull -looking, mismanaged, impossible-to-find-parking-nearby space.

A more suitable overseer may be the Downtown Development Authority, as they are more closely aligned with the business community in Ann Arbor. The market site is really a parking lot most of the time anyway. Perhaps the DDA can get Market Operating Rules revised in a timely manner, and enforced. The Farmer’s Market deserves a fresh start with the slate wiped clean.

City Council should seriously consider what is happening in our city regarding local foods. There is substantial interest in creating alternative farmers markets – the Zingerman’s lot on the westside of Ann Arbor, and the Liberty Lofts property come immediately to mind. The focus would be on artisanal foods, local foods, and organic foods. These markets have the potential of taking business away from the traditional Farmer’s Market. I believe businesses at Kerrytown would suffer the loss as well. If citizens and visitors cannot be assured of the origin of their produce and baked goods, then “we the people” will seek out alternatives.

The proposed Baked Goods Rules are as follows:

DEFINITION OF BAKED GOODS
Definition of seller: A seller is the producer of the item or items sold. There can be NO RESALE of pre mixed, pre formed or pre baked items not made by the seller. The seller must be the producer/creator of the item/ items sold as defined below.

If the item is a baked good then that item must be MIXED, FORMED and
BAKED BY THE SELLER in exact accordance with the following definitions:

Pies: No pre made thaw and bake or pre made thaw and serve pies are allowed to be sold at the Ann Arbor Farmer’s Market. Pie fillings must be mixed by the seller. Any canned fillings must have additional new ingredients which distinguish it from the original canned product added by the seller and the pie shell must have been mixed by the seller and formed by the seller. The pie must be baked at the business address given on the application which must be the true location of business and production of the item.

Cookies: No pre made thaw and bake or thaw and serve cookies are allowed to be sold at the Ann Arbor Farmer’s Market. Cookies must be mixed by the seller and formed by the seller and baked by the seller. Any pre mixed ingredients must have additional new ingredients added by the seller at the address location given on the application which must be the true location of the business and production of the item(s) for sale at the Ann Arbor Farmer’s Market.

Breads: No thaw and bake or thaw and serve breads are allowed to be sold at the Ann Arbor Farmer’s Market. Breads must be mixed by the seller and formed by the seller and baked by the seller. Any pre mix ingredients must have additional new ingredients added by the seller at the address location given on the application which must be the true location of the business and production of the item(s) for sale at the Ann Arbor Farmer’s Market.

All other baked items: No thaw and bake or thaw and serve baked goods are allowed to be sold at the Ann Arbor Farmer’s Market. All other baked goods items must be mixed by the seller and formed by the seller and baked by the seller at the address location given on the application which must be the true location of the business and production of the item(s) for sale at the Ann Arbor Farmer’s Market.

Other baked goods examples:
Brownies may be from a pre-made box mix only if new ingredients are added to said mix. Brownies must be mixed by the seller and formed (rolled, cut, etc) by the seller and baked by the seller, at the address location given on the application which must be the true location of the business and production of the item(s) for sale at the Ann Arbor Farmer’s Market.

Pizza must have crust mixed by the seller and formed by the seller and ingredients added and baked by the seller, at the address location given on the application which must be the true location of the business and production of the item(s) for sale at the Ann Arbor Farmer’s Market.

EXCEPTIONS: The thaw and bake rule can be waived ONLY if the seller mixed and formed and then froze the items themselves. No thaw and bake items are allowed to be sold at the Ann Arbor Farmer’s Market unless the seller froze the items they mixed and formed and baked themselves.

Example:
Breads can be mixed, formed, frozen, (baked or unbaked) then sold only by the seller who makes them.

Pros: Since most of the baked goods sellers at the market already meet the above criteria, they will be affirmed in the knowledge that the items offered for sale are unique and comply with Market Operating Rules, and also will gain the public’s trust.

Cons: Those vendors who violate these rules will be forced to either increase their costs of operation to comply with the rules (possibly increasing prices paid by the consumer), or they will have to forego the income they would otherwise make at the Farmer’s Market from baked goods.

Breaking News: Evidence Emerges Of Kapnick Thaw & Bake Cheating

The screen capture here shows Kapnick's to be on mega-bakery Hill & Valley's vendor list. This list can be found at the following weblink: http://www.hillandvalley.net/results-state.php?startpos=40&State2=MI

The listing also refers to Lipari, a major food distributor which delivers pre-made pies and baked goods mixes to vendors all around the mid-west US. A list of all of Lipari's offerings can be found at the following weblink: http://www.liparifoods.com/catalogs/bky.pdf

The horrible thing about all this is that legitimate Ann Arbor bakers who sell or have sold baked goods at the Farmers Market are undercut and disadvantaged by unscrupulous vendors such as Kapnick's, who, as the evidence above shows, may buy frozen, pre-made pies and other baked goods, sprinkle a little sugar on top, bake, and bring to the Farmer's Market to sell as "their own product".

One former vendor who should lodge a complaint is Scott Newell, the owner of Ann Arbor's own Big City Bakery. Mr Newell, also a former Market Commissioner, complained to previous Market Managers that there was "thaw and bake" going on at the Ann Arbor market, but was dismissed for his efforts. As a business operating in the City of Ann Arbor, and making baked goods from scratch, Big City Bakery is a taxpaying business, and Scott Newell is a City resident who pays property taxes. Why should he put up with a competition that has distinct and unfair advantages? In fact, Scott Newell offered up specific criteria for baked goods to be sold at the market, but the criteria were dismissed out of hand by Parks and Rec manager Jayne Miller, when the previous Market Commission was drafting a new set of Market Operating rules. Scott Newell's suggestions for rule language should be revisited by the City and the Public Market Advisory Committee.

The City, and in particular Molly Notarianni the current Market Manager should immediately suspend Kapnick's from selling any more baked goods at the Farmer's Market, and should investigate Kapnick's for this violation of the cardinal Market Operating Rule: you must grow or make what you sell at the market. If an investigation indicates that Kapnick indeed violated the rules, then Kapnick's should forfeit their seniority, and be banned from selling at the Farmer's Market.

Fuzzbollah Succeeds In Getting Glenn Thompson's Head To Explode

Well, I guess poor old Glenn can't handle the truth. A thread started in the comments to the last post in his blog - Arbormarket. When fuzzbollah tried to add in to the comments, in a free speech sort of way, Glenn chose to delete a rebuttal that had been made to his own misinformational statements. All fuzzbollah was trying to do was point out the truth! Glenn Thompson, Fuzzbollah thinks you are so pathetic!

The thread goes as follows:

Vendors said...

Here's a link to the 2008 Northville Farmer's market.
http://www.northville.org/Events_Calendar/Content/Vena%27s_Greenhouse/

The persons in the photo are Denise Brock and her husband. MY question to Mr. Thompson is the following..
Since Ms. Brock is owner of Vena's Greenhouse and they have 3 stalls at the A2 market, is Denise Brock entitled to 3 more stalls at the A2 market? Totaling 6 stalls

January 15, 2009 11:08 AM
________________________________________________________________________________
Glenn Thompson said...

The two markets are completely independent. I don't see any logical basis for your question.

January 16, 2009 8:17 PM
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Anonymous said...

the business entity of "vena's greenhouse" has 3 stalls at the
A2 market. since Denise and Carol are owners of Vena's greenhouse" is Denise also entitled to have the business entity of "Denise Brock " at the A2 market (she has 3 stalls).
Denise Brock has 2 businesses at the A2 market.

January 17, 2009 2:04 PM
________________________________________________________________________________
Glenn Thompson said...

Again, the two Markets are independent.

The Ann Arbor Market has determined that Carol Vena and Denise Brock are both entitled to separate stall space. Through long term service, following the market rules for seniority, they have acquired 3 stalls each.

What they choose to do at the Northville Market is not relevant.

January 17, 2009 6:00 PM
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Anonymous said...

so at the A2 market Denise Brock is not owner of Vena's Greenhouse?

January 19, 2009 1:01 PM
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Glenn Thompson said...

That is possible.

January 19, 2009 4:38 PM
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Blogger fuzzbollah said...

What is relevant, Glenn, is that Ann Arbor's Market Operating Rules contained provisions about businesses operating at the market, that they should be "single business entities". Back in 2000, the Market Commission ruled that Carol Vena and Denise Brock should not be operating together, but as 2 separate single business entities at the Ann Arbor market - but they continued to violate those rules that were in place. Carol Vena and Denise Brock are forced to operate as a single business entity at the Northville Market under Vena's Greenhouse.

What exactly IS the business arrangement between Denise Brock and Carol Vena, and why is that even important for Ann Arbor's market? Do Carol and Denise own Vena's Greenhouse together? Do they share growing space? Do they grow anything independently from each other? Does Denise "rent" or "lease" space from Carol or vice versa? Why should they be allowed 6 stalls when in reality they operate as one business? This is unfair on its face, and I don't know how you can defend this practice. You should be ashamed of yourself, and apologize to all those vendors who have had to wait YEARS before being able to get even ONE permanent stall.

January 22, 2009 1:24 PM
________________________________________________________________________________

Glenn Thompson said...

You are confusing what is a business entity and what you think it should be. It is entirely possible, for example, for Brock Farms, Brock Greenhouses, Vena Farms, and Vena Greenhouses to all be separate legal business entities. It is entirely possible that the business entities at the Ann Arbor Market are entirely separate from those at Northville even if the principals involved are the same.

Two unrelated people could sell separately at the Ann Arbor Market and then sell as a partnership at Northville. Would you oppose this? On what legal basis? Is your great concern simply that the people involved are related?

If the son or daughter of a doctor or lawyer decides to become a doctor or lawyer would you try to prohibit them from practicing in the same city? Would it be "wrong" for them to share a legal office or a common library?

Many of my uncles were farmers. They started with a section of my grandfathers farm. Should they have been prohibited from selling milk to the same dairy? We should be encouraging sons and daughters to stay in farming rather than providing obstacles that encourage them sell the family land for development.

January 23, 2009 2:27 PM
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The following post from fuzzbollah was deleted by Glenn:

When this particular family business monopolizes the public space, they deprive other farmers from gaining a foothold in the marketplace. They deprive legitimate farmers of their livelihood and the chance to make a decent living, enough to want to come back to sell at the market with a much wider variety of goods.

You are forgetting the fact that this particular family business did break Market Operating Rules, in the process of conducting their business to their own benefit, not for the benefit of the community. They deserved the very punishment that they sought for others to have inflicted upon them, which could be expulsion from the market, and loss of seniority. In addition, this particular family business, as part of a so-called grower's association, managed to manipulate market politics for many years, and intimidating and threatening other vendors until a small valiant group of vendors and citizen/customers came and took away their power during the recent upheaval days of the Market Commission. I have observed that this particular family business holds Ann Arborites in contempt. I find them to be nasty vendors selling sub-par produce and seedling flats which look like they come from a distributor. They use chemicals on their produce. I take my business elsewhere in the market, usually to the organic growers.

The market is scarce public space, and the business generated there should be for the benefit of the public. The barriers to greater diversity of produce at the Ann Arbor Public Market include one particular family business allowed to occupy more than 10% of the stalls on the busiest market days. Its that kind of pet treatment that has been reducing the ability of other legitimate area farmers to be able to stay on their land, and which kills our market.

Again, you support this unfair situation?

January 23, 2009 10:38 PM
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I leave you, the reader to make any conclusions you want to make. My conclusions are that Glenn Thompson has too much time on his hands, insists on having the final word - and usually totally wrong at that, is probably not getting laid at all - or has severe constipation - you choose your own theory, and that he refuses to be a real American and air all points of view.

The Cheater Vendors From Hellville Strike Again !!

The CHEATERS known as vendors Carol Vena and Denise Brock still operate freely at the Ann Arbor Public Market, although they violate a cardinal Market Operating Rule that allows a single business entity to maintain only up to 3 stalls. The management of the Public Market, despite numerous attempts at informing them of such violations of Market Rules, continues to let these CHEATERS get away with it. These two vendors, Carol Vena and Denise Brock, also make a ton of money at the Northville Farmers Market, but can only operate there as a single business entity. At the Ann Arbor Public Market, Denise Brock gets 3 annual stalls, and Carol Vena gets 3 annual stalls. They are allowed by the market management in Ann Arbor to operate as 2 separate businesses, when clearly, from the screen capture above, they are ONE BUSINESS!!

This unfair situation that has been allowed to continue year after year at the Ann Arbor Public Market disadvantages all of the other vendors at the market. Carol Vena and Denise Brock are essentially doubling their income at the Ann Arbor Farmers Market on the backs of other vendors, many who have to wait years and years on a waiting list to obtain annual stall space. Now that the Public Market Advisory Commission is in the midst of revising rules at the Public Market, perhaps they can influence Jayne Miller, who supervises the Ann Arbor Parks and Recreation Department, to change her tune, and correct this long-standing market atrocity. Come on Jayne!! Stand up for what is fair!! Come on PMAC, DO THE RIGHT THING!! Cut these cheaters down to size!! Mollie Notarianni, Market Manager, are you going to let these cheaters push you around?? Glenn Thompson, self professed Arbor Market Czar, why do you defend and promote these creeps, don't you believe in fairness?

Oh, and another thing: the Gracia clan's greenhouse in Bellville should be inspected in February, March, and April. This should be done because there are indications they don't grow all of their seedlings from seed, they most likely purchase their flats from a larger distributor and then sell them with minimum inputs at the Ann Arbor Public Market, and claim that they are their own production. The 5 vendors who operate off the Gracia greenhouse (Delores Gracia, Tina Koski, T Gracia, Denise Brock and Carol Vena) are able to obtain 16 stall spaces at the market, monopolizing a public space for private benefit. Ann Arborites deserve better.

Fuzzbollah urges You, the consumer, to BOYCOTT CAROL VENA and DENISE BROCK!