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