Wednesday June 25th, 2025 12:09AM

Hall Planning Commission’s recommendation overturned by parliamentary procedure

GAINESVILLE – Over 100-people turned out Monday evening at the Hall County Government Center to express their opinions about a proposed truck terminal near Clermont.  Most of them left the building thinking the application had been recommended for approval, but are waking up Tuesday morning to learn that because of a technicality the decision was reversed.

The vote by the Hall County Planning Commission came on the heels of an hour of heated discussion mostly centered on the odor allegedly generated at the Cleveland Highway facility by septic pumping trucks being serviced at the location.

After doubling the number of restrictions originally placed on Hulsey Environmental Services by Planning Department staff, the matter came to a vote.

Chairman Don Smallwood and Commissioner Chris Braswell voted in favor of the applicant; commission member Bo Brooks voted against the measure and Commissioner Frank Sosebee abstained; Commissioner Johnny Varner was absent.

Chairman Smallwood told the audience, “This has passed with a vote of 2-1 with the conditions that was (sic) put on it.”

Smallwood then called for the next agenda item as the majority of the audience filed out of the back of the commission meeting room.  It took several minutes for the noise to quiet down enough for the meeting to resume.

The next item took about 25-minutes to be handled, after which Hall County Planning Director Srikanth Yamala asked Smallwood if he could speak. 

“Mr. Chairman...just a point of clarification,” Yamala began, “back to the application of Hulsey Environmental, the final vote was…two in favor, one opposed and one abstained.  Based on the Code of Ordinances for Hall County, 2-60-04-0, Actions by Planning Commission, Portion B…we had four members as a quorum and the majority action would be three.”

“Because we did not have three in favor,” Yamala continues, “the motion did not pass.”

Smallwood told Yamala to contact the applicant’s attorney, James Walters, and the representative for those in opposition, attorney Wes Robinson, and inform them of the change as soon as possible.

The Planning Commission’s decision to recommend denial of the application now goes to the Hall County Commission on December 13 for a final decision.

 

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Ten area residents spoke in opposition, and many more would have had not Planning Commission Chairman Don Smallwood cut off debate. 

Nerves were becoming frayed as the meeting approached the three-and-a-half hour mark.

Each side presented impassioned arguments; tears were shed as longtime neighbors implored commissioners to help “preserve what little rural character remains in south Hall”; even developer Doug Magnus, who had not planned to speak, shared his fiery thoughts.

“All I’m wanting to do is get something done so we can enhance the community,” Magnus said.  Comments from the audience interrupted Magnus and Chairman Smallwood as he tried to restore order. 

County Marshalls stood and began to move about the room to help create a sense of control, but they would eventually need to address some of those in the audience, warning them to be silent.

The vote was called and it was unanimous, recommending Magnus’s application for approval, but increasing the minimum size of each house in the 279-lot subdivision as a condition. 

This matter also goes before the Hall County Commission on December 13th for its final decision.

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