The Board of Trustees put forward a law that would regulate Fredonia’s vendors, despite widespread criticism and legal questions.

The law would alter part of the code that concerns merchants. Celebrations Fredonia and the Fredonia Ranchers Market are emphatically against it, expressing it will add more charges and administrative problem.

When Trustee David Bird proposed adding exemptions for 501(c)(3) charities and farmers selling Chautauqua County-grown produce, the discussion got under way.

According to Trustee James Lynden, businesses that participate in the Farmers Market but do not conduct business elsewhere should not be subject to an additional fee.

Lynden agreed that Festivals Fredonia ought to be exempt as well, as suggested by Trustee Nicole Siracuse. She said it seemed like 501(c)3s would be excluded — yet not assuming they do food trucks.

“It seems like it very well may be not be as far as possible separation, but rather it seems like we are returning to what we are attempting to take out, which was charging some, not all,” Siracuse said.

Jon Espersen, a trustee, had another concern: The trustees shouldn’t be able to exclude one vendor from the other based on our personal opinion of that vendor, in my opinion. It’s just left up in the air, according to the exemption paragraph… I think that leaves us open to a lawsuit.”

He added that Ranchers Market sellers as of now pay week by week to utilize the market, and furthermore pay charges to Celebrations Fredonia to be at the Homestead Celebration.

Bird seemed to be most concerned about the fact that some food vendors can currently avoid inspection. The absence of inspections was contested by Lynden and Trustee Michelle Twichell.

Officials had legal questions about the proposed changes, so the discussion slowed down until village attorney Melanie Beardsley arrived.

Beardsley guided a chief meeting “since I would rather not need to board talk about lawful choices. … Discrimination does not always imply illegal discrimination. I am pleased to save that and discuss it with the entire board during executive session. I do believe that the board ought to have that discussion and verify that you do not have any legal questions for me.

See Merchants,

Bird contemplated whether that discussion ought to be in open meeting. Beardsley responded, “But if you’re asking me legal questions about whether or not this violates the law, that’s legal advice I’m giving the board, and that would be appropriate for an executive session.” Beardsley suggested that public discussion of proposed revisions be held.

Then, Syracuse suggested putting the law on hold “because we have so many questions and revisions.” Different legal administrators concurred.

Before trustees could vote on the law, a public hearing would be required. Until the issue was put on hold, the board planned to hold the public hearing during the session on Tuesday.

Beardsley agreed with Lynden that a public-accessible version of the law should specifically outline the changes.

Source – observertoday