Common Complaint: Market denied ‘exclusive’ use of village park | News, Sports, Jobs

Submitted Photos Hot dog vendor Gus Potkovick and the farmer’s market dispute is “a pretty long story.”

Fredonia Farmers Market this month asked village officials to intervene in a longstanding dispute with a hot dog vendor. However, several said “Hold the mustard”, prevent the village government from interfering directly.

Tom DeGolier asked the Village Board of Trustees to pass a resolution granting the market exclusive use of Barker Common while it is established there.

Though DeGolier never directly named him, the move was apparently aimed at seller Gus Potkovick, who has settled near the market for years without getting a permit from him.

DeGolier, introduced by trustee Michelle Twichell, began by noting that in April the trustees passed an order allowing the market to close Church Street and use the east portion of Barker Common.

“We found that this left us open to anyone who can get permission from the village to just settle with us and there’s nothing we can do about it.

Fredonia’s Farmers’ Market is held near Village Hall in summer and early fall.

We only govern for approved vendors in the market… so we require exclusive use of the parts we request,” he said.

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“So you’re saying you have vendors who show up at your farmers’ markets unannounced and without permission from your board? Were you asked to leave?” asked Mayor Douglas Essek. DeGolier replied “Yes indeed” ask about both. Essek then asked for the answers. “We can’t make her walk” said DeGolier. “Because with the permits that the village gives for ‘Joe Schmo, taco truck’ or whatever, they can sell anywhere in the commercial area because we can’t have exclusive use of that space, anyone can come and build in our market if.” they have a permit.”

“And that gig looks like they’re part of the Farmers Market.” said Twichell.

Trustee David Bird wondered: “Is there anything stopping you from asking them to go to the farmer’s market, or don’t they want to go?”

DeGolier replied: “Yes there is. Shall I address that? That’s quite a long story.” He didn’t respond.

Trustee Jon Espersen suggested the market restate its request for space next season, but DeGolier noted there are still a few days left this season.

Twichell then said she wanted to walk with the resolution that East Barker Common would be used exclusively by Farmers Market vendors.

“They can say, ‘We have exclusive use,’ and they say, ‘We’re not going.’ How are you? Call the police?” said Espersen.

“Police are the problem” said Esek. “Are you suing them for trespassing? If you don’t, you don’t. It’s a public park.”

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Twichell said that according to Code Enforcement Officer Charles LaBarbera, “This person has permission to be anywhere in the C-1 business district. So by passing a resolution confirming that the East Barker Common is exclusive on Saturdays in October for the rest of the year, that person could be asked to leave at that point because they are not a Farmers Market vendor. ”

bird said “He already bought that permit, the permit didn’t define that he couldn’t be set up during those specific things. I know Festivals Fredonia has these kinds of problems. I think we need to classify what we can put up in next year’s permit. I think that’s something we need to address in the new permit – nothing we can really enforce or do about now.”

DeGolier said Festivals Fredonia “had the vision” to get a stricter user agreement than he did and complained “We’ve been stalked by this seller for several years … He sells on the other side, we don’t care. As long as it doesn’t look like it’s part of our market and it looks like we can’t even control ourselves.”

“I think this year it would be wise to leave it as it is because I think we’re opening up the village to a lawsuit of some kind of discrimination, I can tell you that right now.” said Esek. “You can make an exclusivity resolution and try to tell that person they can’t be there, it’s going to be an awkward event.”

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The mayor added “I know you’ve got four more out there if everyone could just get along a little bit. Compromise and get along and coexist.”

DeGolier backed out of the solution idea and vowed to get different wording for next year’s permits. “This will protect us.”

He said, “We’re an organization, we’re not just a Filmflam bunch of farmers. We’re an organization and with what’s going on out there, it looks like we’re disorganized.”

“We just want to be careful” said Bird as DeGolier descended from the podium.

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