Bylaws have business owners boiling mad

He says he doesn’t blame Yarmouth Town council, believing that their hands are tied, however, he’d like to see them trying to get those knots out a whole lot quicker.

Mercier has received his third and final notice of bylaw infractions. They pertain to a sign erected for the farmers market on his property, and being six parking spaces short from the number required by the town (217) for his business, because he has donated that space to the farmers market. “They keep saying they’ve had these bylaws since 1985 but they don’t understand that the business owners are boiling. It’s such a hot topic.”

Mercier doesn’t profit from the market but he does receive some side traffic to his store. There’s no disputing his generosity – he purchased a $10,000 tent for the organization’s use and he supplies tables. Since he arrived in the community nine months ago, his store has donated close to $30,000 to local organizations and events, including the Shark Scramble, a ball tournament and Blooms by the Sea.

Because of the shortage of six parking spaces, Mercier has chosen to remove his garden centre to free up parking space in order for the farmers market to continue on Saturdays. Last year the garden centre operated till the end of October. One full time cashier and two part time university students were laid off because of the closure. “My sales are going to be down from the garden centre. It’s very, very frustrating,” said Mercier.

He’s still selling plants, marked down, in a smaller garden centre area.

He says there has to be a reasonable solution to the problems and that discussion should be taking place. “I employ 70 people in this town; surely someone could have the decency to come and sit down and say how can we work together instead of banging me off a letter telling me I have until Sept. 4, or I’ll receive a fine of $222 for each day the offense occurs beyond the stated deadline,” he said.

Recently, Mercier agreed to allow town equipment to use his parking lot during construction of a Starrs Road sidewalk in order for two-way traffic to continue unimpeded. “If I get complaints from customers or it affects my flow of business that’s when I will call you to find other solutions in putting in the sidewalk. This is an example on how local businesses and the town work together to find reasonable solutions,” he wrote in an email to council.

Council’s response has been to suggest Mercier submit an application to amend the land use by-law…. a three to five month process.

Last summer a big issue was made over Joe Habib’s flashing window signs. The signage bylaw was eventually amended to include these but it was an upsetting experience for the owner of Jake’s Diner. “Our town needs industry,” said Habib at the time.

Curtis Saulnier, owner of Saulnier’s Home Hardware, was cited for a sign welcoming participants to the 2008 Sou’Wester International Bike Rally last summer. He praised town staff and the former council for their efforts to correct the situation, but remained peeved as to the regulations constituting signage.

Mercier has joined the crowd of those who can’t understand why bylaws continue to impede growth. “I come from Saskatchewan. I come all the way down here and want to run my Canadian Tire store and then I get choked to death with these bylaws. What’s going to happen, down the road? If there’s another opportunity, I’m out of this province… all because of Yarmouth’s bylaw people. I just want common sense,” said Mercier, who is also a member of Yarmouth’s Chamber of Commerce.