By Hannah Collins
HANNAH COLLINS | The News
Editor’s note: This article has been edited to clarify that Kevin Russell did not receive a letter, as he was not within the 500ft. His grandmother received a letter, and he has no ties to any property that is within 500ft of 735 Main Street.
Cheryl McCall and Kevin Russell, council members of the City of Chipley, were questioned on their ethical right to vote on a matter at the April 8 meeting.
What started as an application to change zoning at 735 Main Street in Chipley quickly became a polarizing topic between the audience and the council members. Lota Kay Braxton, the individual who is selling the property claims the buyer intends to use the soon to be purchased property for a new business, a medical spa.
Certified notices were sent to 59 property owners within the required 500ft of the property. This includes McCall and the grandmother of council member Russell.
Cindy Burch, of Elite Realty and realtor for this property, spoke on behalf of Braxton. “It aligns well with the neighborhood commercial and zoning.” Cindy provided a map showing that directly south of the street you can see that all the way to Interstate 10 every single parcel with the exception of one is already zoned as neighborhood commercial.
The City Clerk read the ordinance aloud. “The proposed amendment is consistent with the area with no substantial changes to the district.” blank stated “Approval of the small scale amendment would allow the ability to redevelop the property for business use. Which could generate income and jobs which would stimulate the community.” City staff on the planning board recommended approval of the application.
When the motion was made to open the floor for discussion, McCall and Russell rejected the idea of approval citing an earlier incident when they approved a rezoning and the buyer did not build the business they said they were going to build.
“I’m torn between this topic.” stated Russell, also negating the approval. “We don’t have a plan for what we want to see go down town so we just kind of open it up to do whatever you want to.”
Before they voted Burch stepped back up to the podium to make another statement. “Sitting here, I know that your grandmother is across the street [addressing Russell], you have a personal interest in this.” she stated “Cheryl, you have a personal interest in this. You were one of the people in the 500ft. So firstly, I don’t think either one of you should vote, ethically.”
Russell made it clear that he would not vote until they were certain it followed the law to the letter. McCall stated she had no emotional tie to this decision and stated that she is making this decision purely based on the facts of the situation. Both consulted the city attorney, Michell Jordan who made it clear she needed time to research the matter based on the uncommonness.
The City Council ended that meeting with no vote on the matter due to the uncertainty of the answer to the question of ethics. Later a special meeting was held on April 10 where Attorney Jordan confirmed that it would not be remiss if McCall and Russell voted. The City Council approved the zoning application with McCall and Russell voting no.
Staff Report