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HomeMy WebLinkAbout10-29-19 Public Comment - T. DePuy (on behalf of K. and L. Marr)-1 - Transitional Housing SUP Tara DePuy, Attorney at Law, PLLC PO Box 222 Livingston, MT 59047 (406) 223-1803 attorney@riverworks.net (406) 222-7865 (fax) 11 � 11 October 29, 2019 By regular mail and e-mail to seslinger@thehrdc.org Shari Eslinger Housing Director, HRDC District IX, Inc. 32 S. Tracy Ave. Bozeman, MT 59715 Re: Westridge Introductory Programming Meeting, Wednesday, October 30th Transitional Housing Special Use Permit Application 19438 Dear Ms. Eslinger: represent Keith and Lisa Marr, adjoining neighbors, to the proposed HRDC transitional shelter at 3025 Westridge, Bozeman, Montana. The Marrs will not be attending the October 30th Westridge Introductory Programming Meeting as the meeting violates the Montana State Constitution's Right of Participation, Section 8, and Right to Know, Section 9, as well as Montana's Public Right to Know and Participate statutes. HRDC has submitted to the City of Bozeman, a public agency, an application for a Special Use Permit for transitional housing at 3025 Westridge and a Public Notice was issued by the City of Bozeman on October 23, 2019 opening a public comment period on the SUP application, including the Management Plan. Once the public comment period was posted, mailed and noticed in the Bozeman Chronicle by the City of Bozeman, the SUP application became a public agency act subject to the Montana State Constitution and Montana statutes. Thus, all future meetings regarding the SUP application and Management Plan must be noticed to the public and the public has the right to attend and make comments. Otherwise, HRDC is thwarting the public's right to know and make meaningful comment on any changes to the Management Plan submitted as part of the SUP application. The October 30, 2019 meeting notice states that HRDC intends to "incorporate neighborhood input into our planning and preparation for the season." The agenda states one of the outcomes will be allowing the invited participants to share concerns and explore solutions as well as express suggested changes to the Management Plan, which could then change the Management Plan already submitted as part of the SUP application and noticed to the public for comment. Page Two October 29, 2019 HRDC, District IX, Inc. Westridge Introductory Programming Meeting, Wednesday, October 30tn Transitional Housing Special Use Permit Application 19438 Without a properly noticed public meeting allowing all of the public to attend and make comment, the public will not know what changes are being made to the Management Plan based on "neighborhood input" and thus the public's right to attend the meeting, participate in the meeting and make meaningful comment will be violated. If the City of Bozeman then acts on the SUP application and a changed Management Plan without the public having the ability to participate and make meaningful comments on any changes to the Management Plan, the City of Bozeman's decision may be challenged and voided. If HRDC feels that it needs further input from neighbors and the public to fine tune its Management Plan for the proposed transitional shelter at 3025 Westridge, the appropriate action for HRDC would be to withdraw its SUP application, solicit the desired input from the neighbors and the public, redraft the Management Plan and submit a new SUP application to the City of Bozeman. Thank you. Sincerely, Tara DePuy c: Clients Heather Grenier, Chief Executive Officer/President HRDC IX, Inc., president(@ thehrdc.org Marty Madsen, Director of Community Development, City of Bozeman, mmadsen(@bozeman.net Sarah Rosenberg, Associate Planner, City of Bozeman, srosenberg[c)bozeman.net Greg Sullivan, Bozeman City Attorney, gsullivan bozeman.net