Supervisors pass group home ordinance

By WAYNE QUESENBERRY/Staff

A Juvenile and Adult Facilities Ordinance that has been called “discriminatory,” “reactive,” “unjust” and “illegal” passed Monday by a 5-2 vote of the Wythe County Board of Supervisors. The controversial ordinance went into effect Oct. 30.
The ordinance requires public notice and a public hearing by anyone planning to operate a detention home or a group home in the county that would house anyone placed by the Department of Social Services, juvenile courts or other similar agencies. It does not apply to the towns of Wytheville and Rural Retreat.
According to the ordinance, the person seeking to open such a home must provide a properly designed and approved wastewater disposal system that will not affect public or private water sources. The applicant’s wastewater disposal can’t be within 1,000 feet of any public or private well or be located on such land that could impact the underground water sources.
At Monday evening’s public hearing on the proposed ordinance, County Administrator Cellell Dalton noted a group of residents from the Graham’s Forge community in the eastern end of the county appealed to the Board of Supervisors for help several weeks ago after learning a residential group home for children with emotional problems was planning to locate there. He said the group was concerned about safety and the home’s impact on wells in the area not served by the county’s water and sewer system.
“The county has had a couple of wells contaminated in that area,” Dalton stated.
The ordinance, he noted, was drafted to protect the groundwater and wells across the county.
Monday’s hearing was a continuation of the Board of Supervisors’ meeting last Tuesday, which included an informational session in the area where the group home is proposed. That meeting was attended by some 80 residents of the community and representatives of Camelot of Virginia, managers of the group home.
Camelot of Virginia’s executive director Larry Morrisett told last week’s crowd it was his company’s plan to open a residential group home in the East Lee Highway community. He noted the home would serve eight emotionally troubled boys ranging in ages 12 to 17.
Board Chairman Wythe B. “Bucky” Sharitz told Monday’s audience at the public hearing only comments concerning the proposed ordinance would be heard. Since the ordinance was so closely tied to the group home issue, Sharitz’ remarks proved unnecessary.
A Michael Hall, director of the Wythe County Department of Social Services, told the supervisors he thought the proposed ordinance was “hastily developed” and was “a reaction to a specific issue.” He also accused the board of not showing good leadership with the proposed ordinance.
According to Hall, two-thirds of the children in Wythe County with emotional problems are placed in group homes outside the county. He said a local home would keep them closer to their families.
“We have had no assurance these kids will be from Wythe County,” remarked Supervisor Eddie Hagee.
Supervisor Lisa R. Eaton, who represents the people of the Graham’s Forge area, told Hall his comment about the ordinance being a hasty decision troubled her. She also noted frustration at trying to obtain information about the proposed group home and asked Hall about his prior knowledge of the proposal.
Hall admitted he had been approached by Camelot representatives several months ago about the need for such a group home locally. He also said the group home issue had not been discussed formally with the local social services board.
Supervisor Martha Umberger expressed her concern that the proposed East Lee Highway location was not suitable for the group home because of its size, lack of yard and closeness to a major highway. She asked Hall if he knew where the place was.
“I’ve driven by it,” Hall replied.
Bryan Wyke, pastor of the Draper United Methodist Circuit, also spoke against the proposed ordinance. He said its passage would be an injustice to the children who needed the services of a group home and could violate the Fair Housing Act.
Wyke noted that while he lives at the parsonage in Pulaski County, he pastors Glenwood United Methodist Church in Wythe County.
His wife, the Rev. Laura Wyke, asked the board not to pass the ordinance, too. She is the associate pastor of discipleship and youth at St. Paul United Methodist Church in Wytheville and lives with her husband in the Pulaski County parsonage.
The Rev. Leonard Davis told the board he thought the group home issue had been miscommunicated from the beginning. He pastors Bethel A.M.E. Church in Wytheville and Red Bluff A.M.E. Church on Sheffey School Road.
“These young people need love,” he commented. “They need security. They need a place to stay.”
“I want everybody to know the people of Graham’s Forge are not against children,” commented Doris Gridley, who lives across East Lee Highway from the proposed group home site. “I think safety is a major concern here. We want a safe place for these children.”
Gridley, a retired school teacher with 33 years of experience, told the board, “I have always loved kids. We need to look at the ordinance as a safety feature.”
Curly Amos also commented, “The backbone of this is the almighty dollar. Nobody is against the kids. The problem is the area it’s in.”
Mark Black, an attorney from Roanoke, spoke in favor of the ordinance on behalf of the three families he represents. He called it a protection of the welfare of the citizens.
Black has been retained by Brian Coake, Don Gridley and William Sampson, who live near the proposed site of the group home.
Lisa Moore, executive director of the Mount Rogers Community Mental Health and Mental Retardation Services, addressed the Board of Supervisors about the “high degree of accountability” associated with the group homes. She pointed out the homes are licensed by the Virginia Department of Mental Health, Mental Retardation and Substance Abuse Services which strictly regulates such homes.
Retired mental health services director Robert Dirks of Wytheville informed the supervisors the ordinance was “probably illegal” and should have an opinion from the state attorney general. He pointed out the county has no requirements for being notified of any such group homes but it would be good public relations to do so. 
James Hagerman of Wytheville talked about his experiences as a “child of disability” and the depression that went with it. As a human rights activist, he said, the ordinance is discriminatory.
Following an hour and 17 minutes of public comments, Sharitz closed the hearing. He then asked for comments from board members.
Supervisor Eaton stated she only wants what is best for the children and the residents of her district. She them made the motion to adopt the ordinance with her motion seconded by Supervisor Hagee.
“I agree with Lisa,” Supervisor Umberger said. “The people in county administration tried to find out about this group home. We didn’t know anything about it.”
Supervisor Danny McDaniel noted he did not support the ordinance but did favor a public hearing required for anyone proposing to establish a group home in the county. If the county had been notified by Camelot of Virginia about its plans, he said, it would have been a different situation.
McDaniel and Sharitz voted against the ordinance. Supervisors Umberger, Charles Dix, Easton, Hagee and Sue Crigger cast votes favoring the ordinance.
In an e-mail late Wednesday afternoon, Morrisett stated, “I do not have a comment regarding the impact that the ordinance has on our locating a home in Wythe County as the ordinance doesn’t prevent us from doing so. However, should we decide to locate in another county, the special needs of children and their families in Wythe County will be the ones effected as children will continue to be placed far from home and loved ones.”
Wayne Quesenberry can be reached at 228-6611 or .