http://online.wsj.com/article/SB10001424052748703404004575198270918567074.html?mod=WSJ_WSJ_US_News_6
An article appearing in the April 29, 2010 edition of The Wall Street Journal highlights the fraud occurring at some of the Farmers Markets across the country. The article cites the "No Faked Goods" campaign being waged by former Market Commission Chair Luis Vazquez, and Kapnicks "operator" Scott Robertello's (note he did not say to the WSJ reporter anything about his purported 'ownership' of Kapnick's Orchards) continued flouting of "Producer-only" Market Operating Rules.
Apparently, Market Muckraker Vazquez is not alone in advocating for better policing of "Producer-only" claims. Also apparent is that numerous markets are attempting to "weed out" the "bad apples" - those re-sellers who undercut the REAL farmers.
As Locavore movements sprout up across the US, one can expect that this issue will not die, and maybe, just maybe, Market Manager Mollie Notarianni will get the message that Ann Arborites do not want fraud.
It should be noted that at the Market Commission meeting on April 6th, 2010, Mr Vazquez asked the Market Manager to investigate the sale (re-sale really) of "Proven Winners" plants. There are a few vendors at the market re-selling these items. Vendors must include a Proven Winners tag in their pots as they sell the plants - this according to an agreement which MUST be signed by the vendor. The agreement can be found here: http://www.fourstargh.com/information/documents/Customer-GrowerAgreement2009-2010.pdf
Curiously enough, during the meeting, Market Commissioner Dave Barkman admitted to selling Proven Winners plants at the Ann Arbor Farmers Market, and tried to claim they are "just like any other plants sold there." Great, we have a sitting commissioner, from out-of-town, who knowingly is breaking the Producer-only rules, involved in the rulemaking process.
We begin to see a pattern here: first, Scott Robertello was a Market Commissioner who had a hand in delaying any rules development and construction of additional sheds at the market. He participated on a "Harassment Committee" and tried to get Mr Vazquez removed from the commission, and another organic produce vendor arrested - for very flimsy reasons. Now we have another Market Commissioner - Dave Barkman - who was also a member of the Harassment Committee (boy, did they ever name themselves correctly!), who sells the same Proven Winner plants that one can purchase locally (and presumably for a better price) at Meijers, The Produce Station, Alexander Farm Market, Abbott's Nursery, English Gardens, Home Depot, Fraleigh's Landscape Nursery, Plymouth Nursery, J&T Gracia's (wait - they're another A2 Farmer's Market vendor!) and about 100 other retailers within 25 miles of Ann Arbor (see list in the locator at www.provenwinners.com). Are the Proven Winners products so unique that they should be given premium space (and price) at our market? Undercutting those real farmers who can prove they grow from seed?
All of this must be embarrassing to the Market Commission, and to the Market Manager. They may have to change the name from Farmer's Market to Broker's Market, because of the fraudulent business activities of a few unscrupulous vendors.
Fuzzbollah suggests its long past time to clean up the corruption at this market, and that Dave Barkman resign from his commission post before somebody demands his removal for cause.
Monday, May 3, 2010
Monday, April 5, 2010
Seniority Abuse At The Market
On Tuesday April 6th, 2010, during the Public Market Advisory Commission meeting, a public hearing will be held on an application to transfer seniority rights. However, since the City of Ann Arbor has not placed PMAC meeting minutes for January-March 2010 on the PMAC portion of the City's website (isn't that part of what the $12,000 IT charge to the Market Operating Fund should cover?), the average citizen cannot rely on meeting minutes to know why such a public hearing is being held. The only public reference, other than the notice given in PMAC agendas for March and April 2010, is in an Ann Arbor Chronicle (March 4th)article on the March PMAC meeting. From the article: "The commission discussed a request to transfer market seniority from Ken Preilipp to Karlene Goetz. Preilipp – of HillTop Greenhouse & Farms – is retiring and has applied to transfer his seniority to Goetz, a relative who also sells at the market.
A public hearing on the transfer is set for the commission’s April 6 meeting. This is part of a standard process whenever a transfer is requested, said Molly Notarianni, market manager. The commission will then make a recommendation, which will be sent to the city’s community services administrator for a final decision.
Responding to a question from commissioner Diane Black, Notarianni said there are limited conditions under which seniority can be transferred: When someone dies, retires or the business is purchased.
Peter Pollack told commissioners that they should plan to vote on the transfer at the April 6 meeting."
We at Fuzzbollah think that the commission was not counting on the stinking pile of crap below:
What the complaint, from 2005, indicates is the displeasure of a group of 28 other vendors at the market with any seniority being given to Carleen Goetz, since she was maintaining a stall of her own at the market, along with or alongside Preilipp. The complaint also states that a previous complaint had been filed about Preilipp/Goetz seniority by another vendor - George Merkel - two years prior to this complaint!!
So why didn't the Market Manager(s) at the time - Louise Wireman in 2003, or Jessica Black in 2005 - DO ANYTHING about these seniority complaints??? These complaints were never even brought up before the commission in 2003 through 2007 (Look at the meeting minutes for those years - oh, wait a second, that would require an FOIA). Why do issues at the market drop out of sight and fester for years before action is taken?
With the issue of seniority and transfer of seniority rights at the market (Ann Arbor being probably the only Farmers Market in the whole US that has such a convoluted set of seniority and transfer rules), one gets the sense that seniority is "important". This next bit comes from another paragraph out of the Chronicle's article: "After the meeting, Notarianni clarified why the status of a vendor’s seniority is valued. There is a seniority list that records how long each vendor has been selling at the market – some vendors go back several decades, she said. At 6 a.m. every Saturday, the market manager gathers with the vendors to assign stalls for the day. A vendor’s seniority determines the order in which those stall assignments are made – the most senior vendor gets first pick, and so on." What Mollie won't acknowledge is that the City of Ann Arbor does not have COMPLETE records to indicate true seniority. In fact, in the past, seniority was determined by date of first APPLICATION to sell at the market, and was only recently changed to date of being issued a permanent stall.
Furthermore, just 3 years ago, Community Services Administrator Jayne Miller allowed Scott Robertello, who claims he owns Kapnick Orchards - which he most certainly DOES NOT - to transfer seniority rights from Kapnick Orchards to Kapnick Farm Market (or Kapnick LLC, or R&S Farms - or all 3 business entities - the City's Legal Department isn't clear about this) all WITHOUT ANY PUBLIC HEARING!! Such selective enforcement of rules is blatantly unfair.
All one has to do is ask Ann Arbor attorneys Kevin McDonald, Abigail Elias, and Mary Fales of the City's Legal Department the following: At what meeting of the Market Commission was a transfer of seniority recommended for approval for Scott Robertello to change from Kapnick's Orchards to Kapnick Farm Market (or any other business entity)? How was this transfer officially documented?
So, I can just picture everybody lawyering up depending on the outcome of this April 6th hearing for Preilipp and Goetz. If the PMAC recommends an OK for the seniority transfer, then at least one of the group of 28 that signed the complaint may bring suit against the City. But if the transfer is denied, then Preilipp and Goetz may sue the City for giving a pass to Robertello - and to Wasem's (when old lady Wasem died in 2007, a transfer of seniority would have been a mere formality, but then, per the rules, Bruce Upston would only be able to transfer seniority to 3 stalls - not the 4 they currently sell from). At the very least, you will see a whole bunch of angry vendors.
Better yet, why not just scrap the corrupted seniority system, start fresh and unbiased, and go to an annual lottery system?
A public hearing on the transfer is set for the commission’s April 6 meeting. This is part of a standard process whenever a transfer is requested, said Molly Notarianni, market manager. The commission will then make a recommendation, which will be sent to the city’s community services administrator for a final decision.
Responding to a question from commissioner Diane Black, Notarianni said there are limited conditions under which seniority can be transferred: When someone dies, retires or the business is purchased.
Peter Pollack told commissioners that they should plan to vote on the transfer at the April 6 meeting."
We at Fuzzbollah think that the commission was not counting on the stinking pile of crap below:
What the complaint, from 2005, indicates is the displeasure of a group of 28 other vendors at the market with any seniority being given to Carleen Goetz, since she was maintaining a stall of her own at the market, along with or alongside Preilipp. The complaint also states that a previous complaint had been filed about Preilipp/Goetz seniority by another vendor - George Merkel - two years prior to this complaint!!
So why didn't the Market Manager(s) at the time - Louise Wireman in 2003, or Jessica Black in 2005 - DO ANYTHING about these seniority complaints??? These complaints were never even brought up before the commission in 2003 through 2007 (Look at the meeting minutes for those years - oh, wait a second, that would require an FOIA). Why do issues at the market drop out of sight and fester for years before action is taken?
With the issue of seniority and transfer of seniority rights at the market (Ann Arbor being probably the only Farmers Market in the whole US that has such a convoluted set of seniority and transfer rules), one gets the sense that seniority is "important". This next bit comes from another paragraph out of the Chronicle's article: "After the meeting, Notarianni clarified why the status of a vendor’s seniority is valued. There is a seniority list that records how long each vendor has been selling at the market – some vendors go back several decades, she said. At 6 a.m. every Saturday, the market manager gathers with the vendors to assign stalls for the day. A vendor’s seniority determines the order in which those stall assignments are made – the most senior vendor gets first pick, and so on." What Mollie won't acknowledge is that the City of Ann Arbor does not have COMPLETE records to indicate true seniority. In fact, in the past, seniority was determined by date of first APPLICATION to sell at the market, and was only recently changed to date of being issued a permanent stall.
Furthermore, just 3 years ago, Community Services Administrator Jayne Miller allowed Scott Robertello, who claims he owns Kapnick Orchards - which he most certainly DOES NOT - to transfer seniority rights from Kapnick Orchards to Kapnick Farm Market (or Kapnick LLC, or R&S Farms - or all 3 business entities - the City's Legal Department isn't clear about this) all WITHOUT ANY PUBLIC HEARING!! Such selective enforcement of rules is blatantly unfair.
All one has to do is ask Ann Arbor attorneys Kevin McDonald, Abigail Elias, and Mary Fales of the City's Legal Department the following: At what meeting of the Market Commission was a transfer of seniority recommended for approval for Scott Robertello to change from Kapnick's Orchards to Kapnick Farm Market (or any other business entity)? How was this transfer officially documented?
So, I can just picture everybody lawyering up depending on the outcome of this April 6th hearing for Preilipp and Goetz. If the PMAC recommends an OK for the seniority transfer, then at least one of the group of 28 that signed the complaint may bring suit against the City. But if the transfer is denied, then Preilipp and Goetz may sue the City for giving a pass to Robertello - and to Wasem's (when old lady Wasem died in 2007, a transfer of seniority would have been a mere formality, but then, per the rules, Bruce Upston would only be able to transfer seniority to 3 stalls - not the 4 they currently sell from). At the very least, you will see a whole bunch of angry vendors.
Better yet, why not just scrap the corrupted seniority system, start fresh and unbiased, and go to an annual lottery system?
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