EASTERN SHORE NEWS (Virginia)

June 14, 2008

County rejects workers' housing

By Ceri Larson Danes
Staff writer

EASTVILLE -- The Northampton County Board of Supervisors rejected a proposal for a large-scale tomato grower to house families of year round farm workers -- about two dozen people in all -- at the site of the former Candlelight Motel in Birdsnest.

Supervisors unanimously denied the application for a special-use permit by Byrd Foods and Batista and Evelyn Madonia of East Coast Growers and Packers in Plant City, Fla., at a public hearing Tuesday night that was continued from a May hearing.

The Madonia family purchased Byrd Foods in Parksley last year and have continued to expand their presence on the Shore, both in terms of business and personal real-estate investment.

Their family-run business --the Madonias relocated from Pennsylvania to Florida in 1980 -- includes year-round tomato distribution as well as a Florida hotel and popular entertainment venue.

"I find this incredibly troubling," said Supervisor Spencer Murray of the conflict raised by the application.

Murray said he would vote against the permit and listed four concerns, including public safety, a perceived contradiction of migrant housing for year-round residents, the county's ability to enforce voluntary residence restrictions, and public opposition.

State and federal programs address the needs of both migrant and seasonal farm workers. The former move with the demand for farm work while seasonal workers stay in the area.

He also addressed public sentiment. "Public opposition is a time-honored consideration," he said, recognizing critical comments from some residents of nearby neighborhoods.

Supervisor Bill Hughes said he would also vote against the permit, citing safety issues, the highway location and his responsibility to the citizens of the county. "It is almost like a mandate for those who came up and spoke of their concerns," he said. "The plan is wrong."

"What is at issue is this specific site," Supervisor Richard Tankard said. "A special-use permit applies in this case when there is an agricultural use proposed in a residential area."

The close proximity to the highway was also an issue for Tankard, as was the proximity of six to eight farm worker families to neighbors -- "specifically the Claytons."

The Claytons live next door and have been some of the most vocal opponents. Nancy Clayton last month asked supervisors, "Who is going to control the problems of drinking, domestic violence and noise?"

She and her family, friends and neighbors, along with adjacent community residents succeeded in railroading the plan to provide safe, clean, decent housing for fellow residents by raising concerns that other families who live on the Shore year-round and work on farms would hurt nearby property values and create public safety issues.

Tankard also voiced a sentiment prevalent among opponents that the applicant could afford to find another location. "I think it is well within the means of this company," he said.

"My primary concern is the folks who live in the area," said Chairman Jeff Walker.

He said the applicant has spent a lot of money on real estate on the Shore and should put the farm worker housing on some of that land. "These people deserve nothing less."

The location is zoned Rural Village-Commercial and allows for numerous high-traffic uses by right.

Under current zoning the owner could operate any one of a long list of potentially high-traffic businesses without necessarily closing two of three existing entrances to the highway as was planned for the housing.

Some of the uses allowed under the commercial zoning include a bank, automotive service station, antique shop, Laundromat or dry cleaner, restaurant, health club, veterinary clinic, nursing home or many other businesses.

It could also be -- without the need for a permit -- an animal shelter, church, hospital, bus or rail terminal, clinic, library, museum, post office, school, mental residential care facility, among other community service entities.

Gary Stewart of Byrd Foods disputed a statement that a fire last year at the Owl Motel, owned by the Madonias, was caused by farm workers who overloaded the electrical system with kitchen appliances in order to cook in their hotel rooms.

The fire occurred in November, Stewart said, long after migrant workers had left the Shore. There was limited damage, not the 75 percent claimed earlier, and the fire was "caused by a local person who rented the room nightly falling asleep with a cigarette," he said.

Stewart also addressed extensive comments made about crime concerns with a letter from Accomack County Sheriff Larry Giddens.

"Calls for service documentation reveals that the incidence of crime generated by the population in question is less than the general local population and based on the percentage of the farm worker population in comparison to the general local population, the farm workers are more often classified as the victims of crime than offenders," Giddens stated.

Kenneth Annis of Exmore, chairman of the governor's Migrant and Seasonal Farmworkers Board, said there is a need for farm worker housing. "It is vital," he said. The impact on the economy of the Eastern Shore is unbelievable."

Annis quoted a Virginia Tech study that found $460 million more is generated annually by migrant- and seasonal-farm worker dependent crops than the production of grain crops in the state.

The report identified several options to encourage continued such high-value crop production, including "an understanding of the magnitude of the economic contribution of (migrant and seasonal farm workers) to the economy so that a lack of housing permits does not limit the number of workers that can be housed."

"The governor's board on migrant and seasonal farm workers supports housing for seasonal farm workers," he said.

Stewart presented six other letters, including one from the department of health stating Byrd Foods historically has provided safe and healthful migrant housing.

Other letters of support were submitted from Kellam Energy, the owner of adjacent property and Charles E. West Produce Farms.

Soraya Buckner, regional manager for Telemon Corporation --an organization that provides assistance to farm workers -- addressed the board at last month's public hearing in support of the housing and this month submitted a letter.

"There is a lack of housing -- especially for families, and much of the existing housing is in deplorable condition," she stated. "Byrd Foods is to be commended for attempting to provide their employees with safe, sanitary, and adequate housing."

Ruth Brown, who has worked with migrant workers for years as a local rural health services specialist with the Virginia Council of Churches, also submitted a letter of support.

James Albright of the Catholic Diocese of Richmond local migrant ministry also supported the plan.

"Many who opposed the application seemed to use their fear as a justification for their attitudes opposing housing farm workers in the old Candlelight Motel and former transitional shelter," he stated in a letter. "Did these same people feel the same towards the old motel clients or the transitional shelter residents?"

Stewart said he was not allowed to speak at a planning commission meeting when planners reconsidered the application and approved it last week on a 6-3 vote -- it had previously tabled the issue in order to determine a legal definition of "migrant."

Planning Director Sandra Benson told the commission at its June 4 meeting that while the county's zoning ordinance does not include a definition, it does provide that in such cases "words shall be given the generic meaning provided by the current edition of the Webster Collegiate Dictionary," which defines migrant as "one who moves regularly in order to find work esp. in harvesting crops."

Benson said in a telephone interview Wednesday that the original application indicated seasonal workers, but the applicant later changed that to year-round farm worker families (no singles) in order to make it more acceptable to the neighboring community.

In order to meet the health department definition of migrant housing, however, Stewart said Byrd Foods would house one migrant couple on site part of the year to meet those requirements.

Harry Parker of H.W. Drummond said his company delivers oil and provides other services to Madonia properties -- about 5,000 acres in the two counties. "I have seen 80 to 90 percent of their properties...It is just incredible how clean they keep them," he said.

"I think you'll be proud if you allow them to do what they are asking to do," Parker said, adding that it would be good for the tax base. "Somebody's got to dig your potatoes and pick your tomatoes."