Temporary business upsets market owner

Paul Forte doesn’t mind ‘honest competition? in the local marketplace, but when officials allow out-of-town businesses to set up shop on a temporary basis, he gets upset.
‘I just think it’s wrong,? said the owner of Harvest Time Farm Market (1125 S. Lapeer Rd.) in Oxford Township. ‘There’s very little benefit to the community and all it does is hurt the existing businesses.?
Forte was none too pleased with the township planning commission’s March 12 decision to grant Bordine Nursery a seasonal sales permit to sell locally grown plants and other gardening materials right across the street from him in the parking lot of what used to be Carla’s Fresh Fruit Market at 1200 S. Lapeer Rd.
Dubbed ‘Bordine Xpress,? the temporary outdoor sales location would operate from approximately April 24 until July 3 with hours of 9 a.m. to 7 p.m. Monday through Saturday and 9 a.m. to 6 p.m. on Sunday.
‘It’s about bringing Michigan-grown plants closer to our customers,? said Cathy Briton, who handles new business development for the nursery. ‘We have a huge customer base coming from this (Oxford/Orion) area. Our customers are asking for us to come closer to them.?
Established in 1939, Bordine Nursery has permanent locations in Rochester Hills, Clarkston, Grand Blanc and Brighton.
Briton told the planning commission the Bordine Xpress will bring new customers to the area who may in turn shop and eat at local businesses.
‘Customers that would normally go straight to the Clarkston or Rochester store would be coming this way instead,? she said.
Forte failed to see that as a positive.
‘All it does is drive a stake through my business,? he said. ‘I depend on this, my outdoor sales, and to me, it’s just a big slap in the face.?
Thirty-six residents agreed and signed a petition opposing Bordine’s temporary presence in Oxford. The document was submitted to planning commissioners.
Forte likened what Bordine is doing to him ‘getting a truck load of furniture, sitting across the street from a furniture store and selling stuff with no overhead.?
‘You work for 26 years, you establish the business, you have your loyal clientele. It’s pretty easy to park in the same vicinity, tap right into that and do it just during the best part of the season?
‘It doesn’t seem like it’s an honest, fair way to do business,? Forte explained. ‘None of us (local) business people have that luxury to step in and step out, just take the good stuff.?
During the planning commission meeting,

Chairman Todd Bell, who voted against issuing the seasonal sales permit, indicated the board cannot base its decision on issues related to competition.
The board’s only job is to determine whether or not the business fits within the township ordinance.
‘We have to use the ordinance as our guideline to make determinations,? Bell said. ‘When something comes to us that fits within those guidelines, but the community doesn’t necessarily want it, I’m not sure how we can go against it.?
‘I know it doesn’t seem fair and it doesn’t seem right, but there’s nothing we can do,? he explained. ‘I talked to several people that knew this was coming up, several community members that were very upset. I expressed my concern and said I wish there was something I could do for you, but our hands are absolutely tied. This meets all the qualifications of the ordinance.?
Bell noted he voted against it because he wanted more information about the sales area’s location on the property.
‘I wanted to see a drawing on that,? he said. ‘I don’t like approving something without having a drawing.?
Forte made it clear he’s not at all opposed to competition. He’s faced a lot of it and survived during his nearly three decades operating a small business.
In fact, he said when his customers complained about the township allowing Carla’s to open across from his market last year, he defended the local government because that was something beyond its control, plus the owners of Carla’s were taking a risk and investing in the community.
‘I’d be happy to butt heads with anybody and do the best I can under those circumstances,? Forte said.
But giving a business like Bordine a temporary sales permit is an entirely different matter.
‘There’s not a commitment to the community,? Forte said. ‘I do believe that whatever monies are made at Bordine’s (Oxford site) are going to be taken right back to Rochester. They’re not going to invest the money in Oxford.?
Forte said he and other local business owners pay property taxes, employ people year-round and contribute to charities, churches, schools and other groups that benefit the community.
‘Bordine is not going to be there in January, February, March and April, when there is no business, paying taxes and hiring people,? he noted.
However, according to Briton, Oxford could be a potential site for another permanent Bordine Nursery at some point in the future.
‘We’re looking to expand. Nothing definite, especially in these economic times, but this (temporary sales site) will give us a good idea (of the local market),? she said. ‘We’re looking at several areas and this is one of them.?
Although Briton told planning commissioners Bordine intends to hire eight to 10 local employees, Forte pointed out that’s only for about two months.
He, on the other hand, employs about 20 people year-round and about 22-25 during his peak season.
Calling the planning commission’s decision ‘very shortsighted,? Forte said he feels betrayed by the local officials who are supposed to represent him and other existing businesses.
‘I feel the planning commission and the elected officials are supposed to look out for the people that are here,? he said. ‘I think there has to be some protection afforded to the businesses that are in the community, that are paying, that are established and doing business day in and day out.?
‘The way I see it, affording a temporary permit is a discretionary decision on their part. I cannot understand, if they gave it any deep thought, why they would do something like this. I really can’t.?
Forte believes the planning commission’s decision is setting a bad precedent. ‘There’s so many vacant buildings around here now. What is this going to lead to?
He noted there are many other communities that don’t allow temporary sales because they don’t wish to ‘undercut? existing businesses.
‘I think this is just wrong on every single level,? Forte said. ‘I think it’s wrong for me. It’s wrong for Jacobsen’s. It’s wrong for Meijer. It’s wrong for Home Depot. It’s wrong for everybody.?
Bell said Oxford allows seasonal sales permits because ‘we have a lot of people that sell different things? like hay, straw, garden vegetables and Christmas trees.
‘Basically, I think the intent of the ordinance was (to allow) the true temporary sales, not so much how this one came to be,? he said. ‘I think that’s where the difficulty lies.?
The existing ordinance doesn’t define or distinguish between small, local ventures and larger, commercial enterprises.
‘It doesn’t make any difference,? Bell said. ‘It just defines it as temporary sales.?
As a result of this situation, Bell believes the planning commission needs to reexamine the ordinance language governing temporary sales and possibly amend it.
‘I think this is something that the planning commission has to look at,? he said. ‘Maybe we separate the farmer from corporate or large commercial guys. I don’t know. That sounds discriminatory to me. You’ve got to be careful of crossing that line, too.
‘But somehow we need to look at something, especially in these economic times, to help promote Oxford businesses. I think that’s what we should be first and foremost about.?
Bell said the whole situation was ‘very unfortunate.?
‘The Fortes have been good community members,? he said. ‘Certainly, we want to do everything we can to help bring new business in and support local businesses.?