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?
7 comments:
some vendors plan on leasing their business assests as(janice Kapnick is doing,with Kapnick farm market inc. thus "giving" transference away
some vendors will sell their businesses and add an additional charge of perhaps $70,000. or more for their stall spaces as a business assest!
Janice Kapnick could be thousands of $$$ richer had she included her stalls as a business asset in her land sale to an LLC. same with Preilapp. He is forgoing thousands of dollars by "giving" his transference away. Sell the stalls as a business asset to the next owner/leasee. how stupid can these people be to just give their seniority away without getting big bucks!
the market manager lied about the michigan department of agriculture licensing of perennial plant growers and dealers. She is NOT acting in a professional manner and should be fired immediately. She is solely responsible for the food products being sold at market. currently she is protecting the baker with the frozen premade crap , perennial plant stock dealers and now perhaps apples from controlled atmospheric rooms.
the state does not have any license in Kapnick name or glie farms. rooms are sealed in November and recorded and licensed. when did Kapnick open their room they rent from Glie farm?(as stated on application) let's see the documentation from dept. of ag Mr. Robertello. have they started anything from scratch?
The market has been having many problems regarding "farmers" with their own "farms" and also "working" for others . the city maintains they can actively participate outside the market on a regular basis but not at the market.. if they have their own business and stalls. The city only maintains that Goetz was on Preilapps application which is not allowed. Of course Goetz should not have received senioity. again I ask did she purchase Prilapp's farm or is it transfered to her and will she be giving up her own farm?
Denise Brock works for Carol Vena. the city states she can't do this at the market but she does it every week. they even share the dame business card..
Tina Koski also does this. she works for delores gracia and has her own farm also.
How many real "FARMERS" do you know that have their own farms and have "time" to work as an employee of another's farm? only here at the ann arbor farmers market the place where the large families have the monopoly.
thanks for you site it has and does enlighten the public to the misuse of market policy and the "know what your getting" articles about our food supply
wall street journal article features ann arbor farmers market baked goods and buying and selling. over at arbor market blog it mentions asparagus and rhubarb showing up at the market. These two crops are not yet in season in MI. here's the link to the article. Kapnick's just keeps getting bad press, now it's national!!
http://online.wsj.com/article/SB10001424052748703404004575198270918567074.html?mod=WSJ_WSJ_US_News_6
interesting..molly stated that goetz was listed on preilapp application since 2003 and goetz worked at the market for preilapp.
that in itself is against the rules. goetz cannot be listed as working "at the market" and have her own stall.. this transference was not legal... shame on molly and the commission.. they did not do their homework.. need to talk to the lawyers about this one.. thanks for posting this
preilapp admits goetz was on his application as working with him at the market.. a no no no no Letters from mary fales and molly herself will show this is not what transference was for especially whn so many others have been there longer and don't have other family members to do this with. shame on the comission and molly for not doing their homework..
The seniority scam at the Ann Arbor Market only lets scofflaws get away with perpetuating their existence at this market. Of course the Preilipp/Goetz transfer was illegal, since Carlene had a stall at the market already, having been given permanent status by a previous market manager - Louise Wireman, and in violation of Market Operating Rules. So, Carlene got to jump ahead of dozens of other vendors, and gains stalls that she didn't have in the first place. That's one reason why the complaint was filed by other vendors in 2005. Note whose signatures are on that complaint, and note especially whose are NOT. The vendors who did not sign the complaint are those who would be adversely affected if a ruling came down against Carlene Goetz. Apparently Carlene knew what she was doing, and since she saw other cheater vendors get away with it, she knew she ccould do so as well. This is why the whole corrupt seniority system should be done away with, and the City should start from scratch.
"The only instance in which a vendor would be prohibited from
actively participating in the businesses of another
vendor is if that vendor is both their immediate family member and
that family member has a different stall of their own at the market."
This statement was provided by attorney Mary Fales in 2000, and again by the current market manager. The application itself prohibits Goetz to be on the 2003 application because she is working for preilapp at the market, not on the farm. The manager and commission did not do their job properly and someone should report this abuse of the system.
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