Wish I'd been a fly on the wall just before the beginning of the Historic Preservation Commission meeting today. The commissioners were huddled at the front of the city council chambers for 10-15 minutes, during which time the attorney from the City Attorney's office joined them. Almost looked like a "meeting", but the meeting had not yet been called to order.
When the meeting did start, it quickly moved to the Grace Hall issue. Quite a number of Woodstock residents were gathered for the announced Public Hearing, so no one commented during the Public Comment portion of the meeting, because any comments on an agenda item are to be held for the comment period for that item.
The Petitioner for the Landmark status of Grace Hall is Caryl Lemanski. The Objector is Woodstock Christian Life Services, which is the owner of Grace Hall and which is represented by attorney Mark Gummerson.
Commission Chairman Tim Art attempted to explain how the public hearing would be conducted. He had some difficulty in gathering the right words and spoke them hesitantly and unsurely.
When he was about ready to open the Public Hearing on the Grace Hall property, attorney Gummerson asked to address the Commission before the Public Hearing was opened, and he was allowed to do so.
Gummerson stated that the owner of the property objected to the request for Landmark status and would fight it. To make a long story short, he waved Constitutional Law flags in front of the faces of the Commissioners; the clear inference was that, if the Commission proceeded, they could expect to get sued on Constitutional grounds.
He said firmly and forcefully that the Commisssion was (only) authorized by City ordinance, but his position was supported by State and Federal laws. Sort of, if they dared to go forward, look out!
Gummerson claimed he hadn't had time to prepare to cross-examine anyone who testified before the Commission. I was going to laugh out loud. The day that Mark Gummerson is not ready to cross-examine someone hasn't yet arrived. He could wake up from a sound sleep and be ready for cross-examination. He is a first-class attorney, with the skill, knowledge and experience to tear anyone to shreds on a moment's notice. In court, of course.
I have said for the 12 years I've lived in Woodstock, "If you ever need a killer-shark attorney, get Mark Gummerson (if you can afford him)."
Gummerson stood at the podium after making his forceful statements, almost daring the Commission not to agree with him. The Chairman never thanked him for his comments or directed him to take his seat. It was almost like Gummerson took over the meeting.
And it worked.
Commissioner Merida Woods spoke directly to Gummerson and stated a position against his. Commissioner Stebbins concurred with Merida. I could not believe that the Commissioners did not understand or challenge his gambit. And then vote down or pass on his Motion.
When I attempted to speak to the issue of delaying the public hearing, the Chairman would not recognize me, because I was not the Petitioner.
Gummerson served his clients well, which is exactly what a good attorney should do. The Commission agreed to postpone the public hearing for a month.
When the City first received Gummerson's objection to the Petition, it should have lined up the "heaviest", most-experienced attorney from the City Attorney's office. The City Manager should have seen that the Historic Preservation Commission would have strong legal representation. Gummerson basically provided the legal advice for the Commission and the Commission, not knowing whether it was the the right advice for them, accepted it.
The fly in the ointment? The City Council's Agenda for tomorrow night includes the Special Use Permit that Woodstock Christian Life Services wants.
My guess is that the City Council will wither under Mark Gummerson's attack tomorrow night and approve the Special Use Permit, including the demolition of Grace Hall.
And a month from now, when the public hearing is held? Woodstock Christian Life Services and Mark Gummerson won't even bother to show up.
© 2008 GUS PHILPOTT
No comments:
Post a Comment