Woodland Irise Garden

Re: the Feb 1 message on Winter Boredom. What happened that could ever make a county force someone to dig up their flower garden??????????? I know I'm missing something here.
Marian

In case you don't go there, here is the story.
govt. jackboots
inanda


http://www.modbee.com/local/story/584616.html

Wonder why they didn't go for the special use permit, though? They should have been licensed anyway, doing that much business.

The site with the explanation would not open for me.

This is the item but my computer wouldn't copy the pix.
inanda

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Sunday, February 01, 2009
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Business nipped in bud

Woodland Iris Garden at 5406 Milnes Road Modesto. Pictured some of the bearded irsises in the show garden that displays the 2600 varieties of bearded irises that are sold at the Woodland Iris Garden. The garden is at peak bloom and will be for another 2-3 weeks and is open to the public at this time as long as they are in bloom 10-5pm 7 days a week. Owners are Lorraine and Gordon Nicholson. Modesto Bee/ Debbie Noda
Modesto Bee - Debbie Noda 042301
Flower growers, others say code enforcement demands unreasonable

By Tim Moran
tmoran@modbee.com

last updated: February 01, 2009 04:14:21 AM

Business nipped in bud
19-
The Woodland Iris Gardens on Milnes Road won't be awash in blooming irises this spring.

The business, owned by Gordon and Lorraine Nicholson, ended abruptly in the fall with an abatement order from Stanislaus County code enforcement.

Acting on an anonymous complaint of noise and traffic, code enforcement officers told the Nicholsons that they needed a special use permit to sell flowers at retail from their seven-acre farm east of Modesto.

The Nicholsons say they also were told to take down their small sign in front of their driveway, and to shut down their Web site advertising the iris business.

The abatement order said they were to "discontinue the non-permitted use (the operation of Woodland Iris Gardens)."

Woodland Iris Gardens had operated in the county for 15 years, first on Woodland Avenue, and for the past 10 years on Milnes Road. Most of the business was wholesale. The Nicholsons shipped irises around the country and overseas. About 10 percent to 15 percent of the business was retail, selling to visitors to the farm.

But the September abatement order came at the height of the shipping season, and left the Nicholsons with little time to respond, said Gordon Nicholson. He dumped $100,000 worth of iris plants, his entire stock, rather than risk incurring fines for not complying with the order.

Then came the kicker: Three months later, the Nicholsons received a letter from the county saying that no county code violations were found during the September inspection, and the file would be closed.

Replanting the irises could cost as much as $300,000, Gordon Nicholson said, so they will plant pomegranate trees instead. But the whole affair has left a bad taste in their mouths.

The Nicholsons are not alone among farm businesses that want to operate small retail shops and believe they are being picked on by the county.

Jim Jasper of Stewart & Jasper Orchards in Newman processes almonds and walnuts, and opened a small retail space at the processing site to sell gift baskets.

But a test showed elevated levels of nitrates in his water. The water is used mainly to water lawns and flush toilets, and bottled water is given to employees and visitors, he said.

But the county is requiring him to correct the problem, Jasper said.

"I have a little outlet for products, and now I'm forced to become a water district," he said. "Now I have to hire a water consultant, put up signs that say infants and pregnant women can't drink the water and meet with the environmental people.

"It's little things. Now I'm trying to aerate the septic system, one used very infrequently. It gets used a half-dozen times a day, and it will cost me $15,000 to $20,000. They are not business-friendly."


County: We're just enforcing laws

John Fiscalini has a similar problem with his business, Fiscalini Cheese Co.

"They ask for unreasonable things. We have a small retail (operation), they came out and inspected our refrigerator, and asked if we would let a customer use the bathroom if they asked. I said yes. Then I had to have water quality capable of a small city. I have to sample water four times a year and submit them to the Department of Environmental Resources. We have water bottles. They said we would need a sign on the restroom, 'Not available to the public.' It's ludicrous."

For the Nicholsons to conduct retail iris sales, they would need a special use permit, and the application costs $2,500 with no guarantee of getting the permit, Gordon Nicholson said. The process likely would require costly environmental and traffic studies, he said.

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Comments Add Comment Disclaimer Posted by:
joycfrncs
2009-02-01 16:31:02
Rated: -1 by 1 users.

They are still at it. First, they close all the out door wedding venues down. They will most likely have a code enforcement officer sit in front or their house all of March to watch the ground to make sure that no Irises are growing on the property. Thats what they did to the wedding places. The county paid code enforcement officers to sit in front of all the wedding venues every Saturday. The county has lots of money for stupid things like that. I bet the tip was from Vern.

Posted by:
pappydog
2009-02-01 15:43:01
Rated: 2 by 2 users.

The city is anti small business. The county says they're just enforcing laws, that a load of manure! I would bet if McDonalds or Walmart wanted to build something on that corner the city would kiss their butts to get them to build it. All of a sudden their would not be a noise problem.

Posted by:
mystartpage
2009-02-01 15:24:41
Rated: 0 by 0 users.

THE COMPLAINTS ARE FROM RETAIL STORES! Places like Save Mart are known for this. They get laws passed for this exact reason.

Posted by:
steelers0
2009-02-01 14:49:06
Rated: 2 by 2 users.

This is Supervisor DeMartini's pet project. He has been on a personal crusade to shut down businesses in the rural parts of the county for God knows what reason.

Posted by:
cipher34
2009-02-01 14:48:14
Rated: 2 by 2 users.
Missing Iris

I will certainly miss the spring visit to the Iris Farm. At least I have a memory of the fabulous gems that cover the field. Has the county consider a quarter publication (online/ or mailed) that keeps the SMALL farmer advised of changes or enforcement issues? Perhaps the Nicholson's were unaware of the code violation Opp! the non violation. It would be beneficial to tell ones neighbor that the traffic is bothering them ~ I think that might be a neighborly first action.

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they were licensed. the woman was saying they needed a special permit, of which they did not...

some of us are thinking of sending Woodland some of our own iris, from our gardens, and I think it is awesome idea, a friend came up with it, really kind.
I think until some of the dust settles, we will hold off on sending iris at this time, I want to wait a couple months and then I will call Lorraine and see how they feel, they might be done with the whole iris thing, which would be very sad.
Is everyone ok with this idea, waiting a little????

WHAT A CROCK OF @*$@*
I would be more than happy to send them iris !!!!!!!!!!!!! So count me in!!!!!!!!!!!!

will do, I think it is great how everyone is coming together and wanting to do this for them, I think they would be touched....I will let everyone know, I will post when I talk to Lorraine, I really do want to wait a couple months and see how they feel.

I truly feel sorry for them, but this is an unfortunate lesson to anyone starting a backyard business. Check with you town, county, and state to find out what permits you need. (And licensing). Document everything, so you have it later when this kind of bs occurs.

I found it strange they were a wholesale company and only sold retail to the people who came to the farm, about 10-15% of their business. I thought they sold retail over the internet.

I'm pretty confused about the whole thing.

Basically someone was being evil and probably complained. But obviously they were there first.

I just found out a need to get a merchants license, I did not even know that our town had a city hall, it is actually a town that is 13 miles away from me that handles our town, strange, just another way to pimp money out of you, I guess. Here there would not be any traffic, only on line.

I can't imagine how it must feel, someone telling you that you have to get rid of your irises. I would be sick. What ever happened to this being a free country. My iris are under 2-1/2 feet of snow right now, but I would be willing to donate some when the times comes.

Shadow

The county could say 'don't sell', but I would not think they should be able to tell them to get rid of the plants.

I agree IrisMA

Unless the plants were deseased or had an infestation of a pest of sorts I don't think they have grounds to call for destroying them, only to cease the sale as such. They should still be repaid for their loss which again would fall under the counties insurance. If you have contact with them I would suggest this to them quickly.

Thanks for the update and articles. Somehow I missed that.
I agree with Rebloomnut, you should not have to destroy your "garden" and they should be repaid for their loss.
I also will donate when I split in the summer. I left behind almost 150 when I moved. Oh to have been able to send those!!

I, too, would be happy to send some iris to the Nicholsons. I, too, think they should sue the country to recover the $300,000 they lost plus attorney's fees. The Nicholsons deserve to be reinbursed for their loss.
Neighbors have been known to use zoning rules to get at their neighbors. Where I live I can have chickens as long as the neighbors don't find them a nuisance. I have one neighbor who would definitely complain.

If they were astute enough to get a USDA permit to ship overseas and a state AG permit to
ship interstate, you would think they would have had to know they would need a local zoning
and retail license. Any neighbor in my area can protest home business license applications
if they are to be in an area not zoned for it. Remember the little lemonade girls that got
busted for selling refreshments in their front yards. Those code enforcers need something
to keep them on the political payroll.

Is there going to be some kind of list to be placed on when the time comes to ship them some Iris?? That would be a good idea to make a list of the people who have volunteered and when time comes the list owner can let everyone know its time!!!

If there is a list ... I WANT ON IT!!

I eventually want to start my own biz, but not for years to come ... but this helps me think of double checking everything is viable and legal when starting up!!


I couldnt imagine how they felt and still feel after so long of providing everyone, everywhere beautiful Iris, to have it all taken away in a flash ...... i would be crushed. Total heart break i tell you. Its a wonder why small business' dont make it after 5 yrs anymore.

The USA desires more small business owners to provide more income for the US but when it comes down to it the small counties and municipalities fight you tooth and nail on every lil thing just to get going and stay going. Yet another example of one hand not knowing what the other hand is up to!!

this is why we should be supported, we spend money in other countries that shouldn't have the business, we need to support OUR country, and the gov. can't figure this out, they keep smashing the little guys, us, and gee why is California and other states in such trouble...

remember these folks have had this garden for 15 yrs, they had the lic, they pay taxes, the whole deal......this county woman said they needed a permit,,,, that they did not need, her mistake, well duh.... now what, they dumped plants because they were going to be fined if they did not prove they were not selling.....little too late, Gordon did not want to have to pay fines, well who would, so better to get rid of the plants, again gee I was wrong from the dumb county woman, well now what, can't get them back....they are trying to seek re-coop, but as we know, how do you re-place thousands of plants that on has collected over years, never mind hybridized, and then there is the money.......
well, I just feel bad overall, as they have always treated me well and this is criminal.
I will call Lorraine sometime down the road and see how they feel. I am truly touched at how everyone has come together and wanted to help....way to go everyone, if more people were like this, maybe we wouldn't be in the state of financial crap we are in across the US....

Count me in on donations of rhizomes also.

Dennis

I will see what I have this summer for use. TBs only?

I know they had a lot of historics, also dwarfs, I think if we all chip in, does not have to be a lot per person, it will add up....

I cant imagine putting a price tag on all their labor, time and advancements. I know i would ask for compensation but where in the world would you even start. They were in the business for 15 yrs. They had cultivars that they have made and historic cultivars that cant be found. That woman who started this BS should be held accountable to every aspect of their loss. I hope she gets everything that is owed to her and tons more.

I hope her name never gets revealed, i think all of DG would tell her a ting or two ... could you imagine that ....lol would be great though!

Anyone know who it was .... lmao

makj: are you going to start a list? Maybe make a new thread just for the members who wish to volunteer whatever they can when the time comes!!

I found a website that use to be theirs .... anyway it has a list of all the iris you could purchase:

http://home.pacbell.net/iris4u/indexa.html

That way we can see what they had and will be missing dearly!

good ideas, I will start a thread and anyone who wants to follow it and add who wants to help out can certainly put their names in....You are right there are somethings that you can $$$but certainly they have lost iris that will either be hard to find or never find.....

They certainly should never have had to destroy the plants.

I still don't understand their business, makj. Please explain it. They were wholesale, but that website looks retail. They said they were only selling retail at the fields? Where was their wholesale website? I don't get their whole business. I'm wondering if they didn't understand the ins and outs of a wholesale and a retail business. Do they have ratings in Garden Watchdog as a retail business? For a local retail only? I'm just wondering if they were confused about what they needed to run the business, it sounds it to me.

It's more likely that the reporter got that part of the story wrong.

They were definitely in the retail business, perhaps wholesale as well, but I know people who bought from them retail.

they had been running their business for 15 years, so I think they know what was what, they had all the papers etc...
the county lady said they needed another permit, of which they did not, in the meantime if I understood Lorraine correctly, the county threatened them with fines if they did not get rid of a certain amount of plants, again not 100% on that, but the fines would have been steep, and remember as far as they knew this lady "knew what she was talking about" at that time, now after a fews months they get a letter saying the lady is wrong.... if any one has dealt with the county in their area, you know they can be some real pieces of work.....instead of helping and getting things done right , they tend to make things more difficult......

I think the whole deal with that woman is disgusting. Anti-business, Anti-American. She should be fired and the County Sued. No if's ands or But's. They have taken away a livelyhood by their error and that is inexcusable. I think they need to get hard linr and get those people out of there before they ruin another persons life. I just started most of my Iris in the last cple years and don't have a lot but am willing to send some cash as they will ned help that way too.

Deleted as it may be a moot point anyway, due to what AMoran has said.

This message was edited Feb 4, 2009 10:48 AM

Any updates to this story? The last information was becoming a bit convoluted. My new copy
of HIPS ROOTS has Woodland Iris Gardens listed as a commercial source for historic irises
which would imply they were a retail business as of Feb 2008 but the website mentioned
redirects to a nonexistent website.

they are not selling iris at this time, Lorraine is trying to contact AIS etc... to let them know, they are not selling iris, that may change down the road, but right now no.

What a terribly sad story...I hope they change their minds...I would be more than happy to donate too!!! :)

This is very sad news. I've bought from the Nicholsons the past few years and had planned to continue to buy from them each year. I certainly hope that they decide to go again with irises.