Long awaited public comment period begins on state mental health facility near Laurel

A public hearing and public comment period is set for the community to weigh in on the Laurel forensic mental health facility.

But it may have little impact. As a state, Montana can obtain governmental exemption from city or county zoning requirements, and therefore doesn't need approval.

The public hearing was announced Tuesday, however no vote is set to come before Laurel City Council regarding the development.

The public has 30 days to comment on the zoning of the facility starting March 25. A public hearing is set for Wednesday, April 22, at 10 a.m. with representatives from the Montana Board of Investments and the Department of Public Health and Human Services in attendance.

“While legal interpretations on the necessity of this listening session differ, the state has elected to provide the forum so community members can share their views directly and on the record,” Board of Investments Director Dan Villa told council members and the public virtually Tuesday night, according to a provided written statement.

Anger and resentment against the project have built, with town residents and council members feeling like they haven’t had a chance to express their opinion or engage with the state.

In his relatively brief speech during public comment, Villa told council members that Laurel remains the preferred location after architectural and environmental assessments have been done on the 114-acre subdivision west of the town.

On behalf of DPHHS, Villa invited the council president and vice president to visit mental health facilities in Galen and Helena to show “council leadership how it (DPHHS) operates its facilities.”

“Thank you for your time and your community’s continued engagement as we enter a new phase of this necessary project’s development,” Villa concluded.

This is the state's third engagement with Laurel City Council since the announcement that Laurel was selected for the facility.

The site selection and the city's reaction have created a unique legal situation for the groups involved. Laurel council and Yellowstone County commissioners can make a recommendation on certain zoning, but the state still holds the power on zoning, according to a local real estate attorney. Zoning can shape how a property is developed and for what uses it is meant for.

Prior to this, although there's been mounting community resistance, the state has shown no signs of backing down. During the most recent public presentation in the Children, Families, Health and Human Services Committee, the state agencies leading the effort spoke before a panel of legislators trying to address perceived misinformation “swirling throughout the state and in the Laurel community,” said Department of Public Health and Human Services Director Charlie Brereton on March 9.

Later, individuals in the community responded. The state’s depiction of the misinformation circulating in Laurel was itself false, Community Advocates for Responsible Economic Development said.

The group requested in a mass email last Thursday a formal investigation into the actions around the state by local legislators, the Yellowstone County Attorney, state officials, the American Civil Liberties Union, and the United States Department of Justice.

As of Tuesday morning, the group has received no response from anyone included on the email besides members of the press, according to Elizabeth Glig, the sender of the email.

Several details appeared inaccurate in that email. Among allegations that state officials had made misleading and false testimony, the email claimed that the press and public were denied access to the buy-sell agreement that the state Board of Investments was party to.

The Billings Gazette obtained the document on the same day a reporter asked about it. The document outlined that the state is planning to purchase the property for $4.25 million.

The agreement’s announcement set off grassroots opposition in the community, with the school board quickly announcing its objection. The Board of Investments can pull out for any reason until July 1. Still, it doesn’t seem like the state has any intention to, publicly or privately.

“It’s Laurel or nowhere,” said an individual involved with the development of the mental health facility.