Commissioner not sorry for Wal-Mart e-mails

Messages urged public opposition to 2nd store

Outgoing Lawrence-Douglas County Planning Commissioner David Burress is not apologizing for organizing opposition to a proposed Wal-Mart store, even though some elected leaders said his actions damaged the Planning Commission’s reputation.

Burress last week sent out an e-mail providing tips and strategy on how neighborhood leaders could lobby city commissioners to oppose plans for a Wal-Mart store at Sixth Street and Wakarusa Drive. The e-mail – which was distributed to the Lawrence Association of Neighborhood’s e-mail list – was sent just before the City Commission’s discussion of Wal-Mart on May 1.

Burress specifically urged people to oppose the project. Mayor Sue Hack said she was disappointed that a planning commissioner would actively organize opposition to a land-use item that ultimately would go before the Planning Commission for a hearing.

“Mr. Burress is entitled to his own opinions and he’s entitled to communicate them with his friends, but to make his opinion known very publicly and then work on organizing opposition, that was just inappropriate,” Hack said.

Douglas County Commissioner Jere McElhaney agreed.

“It does violate some trust that we put in an appointed position,” McElhaney said.

Burress, though, was unapologetic. He said that he felt comfortable sending the e-mail because he knew at the time that he was in the final days of his term as a planning commissioner.

Burress, who has served on the Planning Commission for six years, will leave the commission at the end of May when his second term expires. He said he knew that there would be no Wal-Mart issue before the commission before his departure.

Burress was part of the commission in August when it deadlocked 5-5 on a plan to allow Wal-Mart to build at the corner. Burress responded to concerns that the e-mail was evidence that he did not approach the Wal-Mart issue with an open mind when it was before the Planning Commission.

“The answer is that you try to set aside your political beliefs when you are making the decisions, but that doesn’t mean you don’t have them,” Burress said.

When asked whether he felt he had been successful in setting aside his political beliefs, he said, “I certainly attempted to.”

Hack said city and county commissioners – the two groups who appoint planning commissioners – will have a chance in June to discuss the role of planning commissioners. The two commissions will participate in an orientation/training session for the Planning Commission.

A previous study commissioned by the city recommended that the city and county commissions have a discussion about the role of the Planning Commission. The consulting group, Matrix Consulting, found significant levels of dissatisfaction with how the Planning Commission operated.

Hack said she will want to stress the importance of the Planning Commission’s role, but also remind everyone that it is an advisory board that does not have final decision-making authority.

She also said she hoped that as new planning commissioners come on the commission, that the planning meetings would take on a more civil tone.

“I think our professional planning staff has not been treated well by some members of the Planning Commission,” Hack said. “Really the public hasn’t been treated that well either. I’ve had some people tell me that they will never go back there, and that is just not right.”