Jason Futch
Reporter2@riverbendnews.org
Clyde’s Welding was the subject of discussion–and controversy–as the Hamilton County Board of County Commissioners considered a future land use map during a public hearing on Tuesday, Oct. 21. The board's decision would determine whether Clyde McGhin’s business would be rezoned from residential to light industrial. A parcel he had inherited years ago was zoned residential single-family, and he had continued to use it as an industrial facility.
During the public hearing, the board heard from both McGhin and concerned neighbors about the map, which was approved by the Hamilton County Planning & Zoning Board on Tuesday, Oct. 14. It was also revealed that, following the meeting, a fire broke out in a forested area at Clyde’s Welding, affecting some of the neighbors.
McGhin said he intended to ensure the entire property was zoned correctly. He would also fence the property, keep it clean, and would place privacy strips between the property and the neighbors “to keep everyone happy.”
According to McGhin, he was led to believe the property he inherited was already zoned light industrial, but learned recently it was not when attempting to file the proper permits to build a new shop on the front of the property. “I had all my property appraised, but it didn’t appraise for what I thought it should be,” he said. “And that’s when I found out what the property was zoned.”
Following McGhin’s presentation, Land Use Administrator Matt Morgan requested the assistance of County Attorney Andrew Decker to explain the conditions of the rezoning, to which he said the resolution proposed would need to conform to legal requirements. However, any conditions McGhin wanted to provide for the reassurance of his neighbors would need to be set out in a separate document, known as a covenant running with the land. The covenant agreement would impose restrictions on its use for specific purposes that would be considered adverse by his neighbors.
Decker further explained the primary purpose of the future land use application was, if McGhin has a change in the land use zoning for the property, it would support a higher appraisal. “Appraisals are based on the highest and best use of the property and how you can take that property and utilize it for different purposes that will give you a return on your investment,” Decker said.
Following Decker’s comments, the board opened the floor to public comments related to the hearing. Ed Taylor was the first to come forward, noting he owned property adjacent to Clyde’s Welding. Before he spoke, he provided rebuttal letters from neighbors addressing their concerns. Taylor said if the property were rezoned, there would be a concern regarding their property value. He said, after doing research, property values around the welding shop would go down. He said noise pollution and uncertainties contributed to the decline in values. Taylor also said a neighbor, Charles Cason, had already done an assessment, but did not know the results. Cason was not at the public hearing, but County Clerk Greg Godwin said he would reach out to him.
Barbara Daniels brought up the fire that broke out on the property following the Planning & Zoning Board meeting on Tuesday, Oct. 14. While she was thankful it was contained, she mentioned it could have been worse. She also asked the board who missed the mark regarding the incorrect zoning of McGhin’s property, which had been in business for 40 years. She ended her comments by saying the neighborhood was put in a dangerous position and was concerned about safety. She requested accountability from the county.
James Daniels also came forward to address concerns about the dead end near his home. He said if Clyde’s Welding began storing things there, and if a storm came through, he was concerned possible projectiles could cause damage to the neighborhood. He also said there would be safety issues regarding the property.
McGhin came forward once more to share his vision for the property with the board, saying his goal is to clean it up and make it look better for people coming into Jasper. He said there had never been projectile concerns and was blamed for “taking down [the neighbors] hurricane protection,” claiming all he was doing was “cleaning up the woods.”
Following McGhin’s comments, Board Chairman Richie McCoy asked what the board's pleasure would be, to which District 2 County Commissioner Robby Roberson responded that he did not want to jump into any decision and wanted to make sure everything was done “the right way.”
“I don’t want to jump into something I don’t truly understand…I want to make sure we have our ducks in a row because this is a decision I’m not prepared to make,” Roberson said.
District 4 County Commissioner Travis Erixton followed Roberson’s comments in support of McGhin. “The way I look at it, he was grandfathered in all these years. Mr. McGhin’s created all these jobs for people in this county, and he’s done a lot for this community,” he said. “We just need to move forward. We’re holding the man up. He’s trying to bring jobs to the county.” He also acknowledged some people would not like the way he planned to vote, but said it was his honest observation of the situation.
Roberson said he had no problems with the plans to beautify the area, but said his concern was, if McGhin ever decided to leave the property following rezoning, there could be a problem. “The problem is, I believe, that it lies when Mr. McGhin, later down the road, decides to sell or if his children inherit it.”
“But they have to follow the same rules you're gonna be voting on tonight,” Erixton replied.
James Daniels mentioned from the audience that anything written can always be changed. He then asked Erixton what he meant when it came to jobs. Erixton did not respond.
McCoy then provided Maria Taylor with three minutes to speak. She alleged McGhin did not take responsibility for his employees. She also said half a quarter of her five acres had caught on fire, and she was the one who called 911. Around 9:30 p.m., Taylor alleged she saw people in the woods with knives and rifles. She then asked why she and her neighbors would want Clyde’s Welding in their neighborhood if they wouldn't take responsibility for it. She also said McGhin never came over to check on the neighbors.
McGhin responded by saying winds change directions, and fires sometimes jump. He said he had been notified right away of the fire, and people immediately began working to douse it. His employees had gone to the woods where the blaze occurred, later identified smoldering areas, and allegedly used 300 gallons of water to extinguish the flames. When he spoke about the water, several audience members accused him of making the figure up.
“That is not true,” Taylor said.
McGhin then informed the board that Taylor was hostile towards his employees and first responders, allegedly threatening to harm him. A law enforcement officer asked McGhin whether he wanted to press charges, but McGhin declined. After he spoke, Taylor continued to accuse McGhin of lying and presented a USB drive of body camera footage from the Hamilton County Sheriff’s Office.
Following the conclusion of the public hearing, the commissioners continued their discussion of the zoning issue. It was also revealed that if they did not act on the application that evening, McGhin would have to reapply for the rezoning and start over with the Planning & Zoning Board.
The Board voted 4 to 1 in favor of the rezoning, with Roberson voting against the application due to insufficient information.