[B]URLINGTON — When Planning Commissioner Lee Buffinton recused herself Wednesday from deliberations on a controversial zoning change to accommodate a massive downtown redevelopment, opponents of the project reacted with dismay.
Buffinton was the most vocal critic of the proposed zoning change, raising concerns about whether the project conforms to Burlington’s municipal development plan.
Buffinton resigned the next day, for largely the same reason as her recusal: Her employer, the Champlain Housing Trust, released a statement in favor of the zoning change and the Town Center redevelopment project it would allow.
Part of her employment contract, Buffinton said, is that she can’t publicly take positions in opposition to those of the housing trust. That would make it difficult for her to fulfill her duties on the commission as it continues to consider nonbinding recommendations to the City Council on the zoning change.
But several residents questioned the role of another commission member at Wednesday’s contentious public hearing. They called on Yves Bradley, the chairman, to recuse himself.
One resident cited his work for Ernie Pomerleau, president and CEO of Pomerleau Real Estate, as a conflict of interest. At a recent City Council meeting, Pomerleau gave a full-throated endorsement of the Town Center redevelopment.
If Buffinton’s position with Champlain Housing Trust meant she had to recuse herself, then why not Bradley, the resident asked.
In an interview Friday, Bradley dismissed the calls to recuse himself. He said he is an independent contractor for Pomerleau Real Estate and not bound by any contract to agree with the positions of the company or Pomerleau.
“People ask me, ‘Do you work for Ernie?’ and I answer, ‘No, I work with Ernie,’” Bradley said.
The two frequently have differences of opinion on public issues, and he would have no problem breaking with Pomerleau to exercise his own judgment, Bradley said.
Bradley said that while he too believes the Town Center redevelopment project is a good idea — the current mall is considered to be in desperate need of an overhaul — that doesn’t disqualify him from considering the zoning change that was before the commission.
“Frankly, that was really hard for me the other night,” he said, adding that it irks him that people don’t think he could deliberate and act independently from Pomerleau.
Bradley, who also chaired the board of Burlington College, said he will recuse himself from considering a planned zoning change to accommodate the redevelopment of the former college property on North Avenue.
He said that in the past he has also recused himself when his own clients have had business before the commission, including the YMCA and City Market.
As for Buffinton, she said the Burlington College zoning question was among other issues on the horizon that contributed to her decision to resign. Another is a discussion of possible revisions to Burlington’s inclusionary zoning ordinance.
Those are both issues where the Champlain Housing Trust has public positions, and in the case of the Burlington College redevelopment, the trust is actually a partner in the project.
“So I would need to recuse myself from a lot of these upcoming deliberations, and that’s not fair to the Planning Commission. They need a full commission of seven members to really deliberate fully,” Buffinton said.
