Legals August 8, 2019
Notice of Public Hearing Notice is hereby given that the Polson City-County Planning Board will on Tuesday, the 13th day of August, 2019, at 6:00 p.m. in the Polson City Hall, 106 1st Street East, Polson, Montana, hold a public hearing for consideration and recommendation to the Polson City Commission of proposed text amendments to Chapter 6, Article 2 (Zoning Districts) and Chapter 6, Article 6 (Subdivision Regulations) of the Polson Development Code (PDC) which includes zoning and subdivision regulations that will apply to all land within the municipal boundaries of the City of Polson, Montana. One of three such changes are made in accordance with the recent changes in Montana Law enacted by the Montana Legislature 2019. The Polson City-County Planning Board will take public comments on and review the proposed PDC text amendments. This public notice is made pursuant to 76-3-503 MCA. Contact the City of Polson Planner at 106 1st Street East, Polson, Montana 59860; by email at cityplanner@cityofpolson.com; or call 406-883-8213 to obtain further information. Contact the Polson City Clerk at Polson City Hall, 106 1st Street East, Polson, Montana, 59860; by email at cityclerk@cityofpolson.com; or call 406-883-8203 to request an accommodation. Dated at Polson, Montana this 17th day of July, 2019. Cora Pritt Polson City Clerk Polson, MT Published on July 25, 2019, August 1, 2019, and August 8, 2019. MNAXLP
NOTICE OF PUBLIC HEARING City of Ronan Preliminary Budget FY 2019-2020 The preliminary budget for the City of Ronan for the 2019-2020 fiscal year, as prepared, is on file at Ronan City Hall and open to inspection by all taxpayers. A public hearing will be held at Ronan City Hall, August 19, 2019 at 6:00 p.m. Any taxpayer may appear at the hearing and be heard for, or against, any part of the proposed budget. At a later date, the budget for FY 2019-2020 shall be finally approved and adopted by the Council. Kaylene Melton, Clerk/Treasurer Published on August 1, 2019, and August 8, 2019. MNAXLP
NOTICE OF SALE Department of Natural Resources & Conservation Timber Sale The Topwood Timber Sale is located within Sections 22 & 28, T24N-R18Won the State's Swan Unit. Approximately 21,739 tons, consisting of mixed conifer sawlogs, are offered for sale. Sealed bids will be opened at the Department of Natural Resources & Conservation, 2705 Spurgin Road, Missoula, Montana on August 27, 2019 at 2:00 p.m. Bids may be hand delivered or mailed and will be accepted any time prior to the bid opening. DNRC recommends that bidders contact the Trust Land Management Division (406-542-4300) prior to the bid opening to ensure that your bid has been received. Bids must be accompanied by a deposit of $19,402.00, representing 5% of the minimum bid value of the sale in cashier's check, certified check, bank money order or bank draft to be applied to the first sale invoice for the successful bidder. Bid bonds will be accepted and, for the successful bidder, will be closed upon execution of the Timber Sale Contract and Timber Sale Bond. The sale will be awarded to the highest responsible bidder. Award of the timber sale is conditional upon approval of the timber sale by the State Board of Land Commissioners at their August 20, 2019 meeting. If the successful bidder is unable to execute the contract within 30 calendar days from the date the sale is awarded, the bid deposit will be retained by the Department as liquidated damages. The right is reserved to reject any or all bids. Prospective bidders can obtain the sale prospectus, sale contract and bid forms from the Department of Natural Resources & Conservation, Trust Land Management Division, in Missoula (406-542-4300), Northwestern Land Office in Kalispell (406-751-2257) or the Swan Unit Office in Swan Lake, MT (406-754-2301). Visit our website at http://dnrc.mt.gov/divisions/trust/forest-management/timber-sale-information for upcoming sales and bid results. Published on August 1, 2019, August 8, 2019, August 15, 2019, and August 22, 2019. MNAXLP
C. Mark Hash Hash, O'Brien, Biby & Murray, PLLP Attorneys at Law 136 1st Ave. W., P. O. Box 1178 Kalispell, MT 59903-1178 (406) 755-6919 cmhash@hashlaw.com Attorneys for Personal Representative MONTANA TWENTIETH JUDICIAL DISTRICT COURT, LAKE COUNTY In The Matter of The Estate of Donna D. Wittlake, Deceased Cause No. DP-19-43 NOTICE TO CREDITORS NOTICE IS HEREBY GIVEN that the undersigned has been appointed Personal Representative of the above-named estate. All persons having claims against the said deceased are required to present their claims within four months after the date of the first publication of this notice or said claims will be forever barred. Claims must be either mailed to Sharon M. Wittlake, Personal Representative by certified mail, return receipt requested, c/o Hash, O'Brien, Biby & Murray, PLLP, Attorneys at Law, P.O. Box 1178, Kalispell, Montana 59903-1178, or filed with the Clerk of the above-entitled Court. DATED June 26, 2019. s/ Sharon M. Wittlake Personal Representative Personal Representative's Attorneys: Hash, O'Brien, Biby & Murray, PLLP By s/ C Mark Hash Published on August 1, 2019, August 8, 2019, and August 15, 2019. MNAXLP
Notice to Creditors Probate Cause No. 19-0149-P The Confederated Salish and Kootenai Tribal Court of the Flathead Reservation, Pablo, Montana In Re the Matter of the Estate of: Carole Gilson-Hitchcock Notice is hereby given that the undersigned, Michael Hitchcock, has been appointed Personal Representative of the above- named estate. All persons hav- ing claims against the said De- ceased are required to present their claims within four (4) months after the date of the first publication of this notice or said claims will be forever barred. Claims must either be mailed to Personal Representative, return receipt requested, or to the Clerk of Court of the Confederated Salish and Kootenai Tribal Court, P.O. Box 278, Pablo, Montana, 59855. Dated this 23rd of July, 2019. /s/ Mike Hitchcock Personal Representative Address: Michael Hitchcock 4415 N. Sommer Street Spokane, WA 99216 Published on August 1, 2019, August 8, 2019, and August 15, 2019. MNAXLP
The Board of Lake County Commissioners will hold a public hearing on Thursday August 29, 2019 at 1:30 pm in the Large Conference Room on the 3rd floor of the Lake County Courthouse, 106 4th Avenue East, Polson, MT 59860, for the purpose of taking public comment on the resolution listed below. If you are unable to attend the meeting and would like to submit written comment, feel free to do so by mail to Lake County Commissioners, 106 4th Avenue East, Polson, MT 59860 or by email to lakecommissioners@lakemt.gov Resolution of Intention 19-20 WHEREAS, The board of County Commissioners has jurisdiction and power, under such limitations and restrictions as are prescribed by law, to represent the county and have the care of the county property and the management of the business and concerns of the county in all cases where no other provision is made by law under MCA 7-5-2101, and; WHEREAS, Lake County is subject to the provisions of Public Law 280, which provides that the County is responsible for felonies committed by members of Federally recognized tribes, and; WHEREAS, The County has reached out to the Confederated Salish and Kootenai Tribes to determine if they will exercise their right under MCA 2-1-306 (2) to withdraw from Public Law 280 and have so far received no indication, and; WHEREAS, Lake County is presently suffering from a great expansion of criminal cases, driven primarily by the illegal use of methamphetamine, and; WHEREAS, the County has limited space for incarceration of those who commit crimes in the County, and; WHEREAS, Lake County is under a court order limiting the number of people who can be incarcerated in the Lake County Detention Center, and; WHEREAS, As a result of that limitation, criminals are being released into the community because of a lack of space to detain them, and; WHEREAS, while an overrepresented number of those criminals are tribal members, the County is responsible to provide due process for criminal matters with no compensation from either the Federal Government or from the Tribes, and; WHEREAS, the County is obligated by statute to provide adequate office space, courtroom, and other space for District Court operations per MCA 3-1-125, and; WHEREAS, due to an increase in the number of criminal cases, additional office and courtroom spaces are needed, and; WHEREAS, court operation has changed by incorporating a drug court, and pretrial supervision services and assessment, all of which require additional space for efficient and effective operation, and; WHEREAS, the County Commissioners have attempted to balance the needs for adequate protection of the people in Lake County with the fiscal impacts of raising taxes to meet the needs above and; WHEREAS, that having exhausted all other options, the County Commissioner must consider a mil levy to provide for a second courtroom associated space and determine the best way to provide additional detention, correction and compliance facilities through either purchase, remodeling or leasing of additional space to meet the needs of the public safety, and; WHEREAS, interest rates are presently at a low level reducing the costs to the County for the repayment of any mil levy, and; WHEREAS, the Commissioners will consider placing a mil levy request amounting to $15 million dollars to address these needs before the voters of Lake County to seek their approval to address these problems. NOW, THEREFORE BE IT RESOLVED, that the Board of Lake County Commissioners will take public comment on this Resolution of Intention for a period of 45 days to conclude on Thursday, August 29, 2019 with a public meeting at 1:30 pm in the Large Conference Room in the Lake County Courthouse, 106 4th Avenue East, Polson, MT. following the hearing, the Board of Commissioners will either vote to adopt, or abandon the Resolution or extend the public comment period. Comment may be mailed to 106 4th Avenue East, Polson MT 59860 or via email to lakecommissioners@lakemt.gov PASSED AND ADOPTED THIS 15th Day of July 2019. /s/ Gale Decker, Chairman /s/ Dave Stipe, Member Unavailable for signature William D. Barron, Member Attest: /s/ Paula A. Holle, Clerk & Recorder Published on July 18, 2019, July 25, 2019, August 8, 2019, and August 15, 2019. MNAXLP
RESOLUTION OF INTENT NO. 19-21 Resolution of Intent to Change the Name of Pablo West Road to Lytton Road. WHEREAS, County Commissioners have the ability to establish, alter, or abandon a county road under MCA 7-14-2601; and, WHEREAS, the Lake County Commissioners have received a petition signed by more than county 10 freeholders requesting that Pablo West Road be re-named as Lytton Road as required by MCA 7-14-2601 (1); and, WHEREAS, the Lake County Commissioners have determined that the changing the name of Pablo West Road to Lytton Road will not be detrimental to the public welfare; and, WHEREAS, the Lake County Commissioners have scheduled a public hearing in the Commissioners' Chambers in the Lake County Court House on Monday August 12, 2019 at 3:00 pm to hear public comment on the proposed name change; and, WHEREAS, public comment may be submitted to the Board of Lake County Commissioners at 106 4th Avenue East, Polson MT 59860 or by email to lakecommissioners@lakemt.gov; and PASSED and ADOPTED this 29th day of July 2019. BOARD OF LAKE COUNTY COMMISSIONERS /s/ Gale Decker, Chairman /s/ Dave Stipe, Member /s/ William D. Barron, Member Attest: /s/ Paula A. Holle, Clerk & Recorder Published on August 1, 2019, and August 8, 2019. MNAXLP
PUBLIC NOTICE: The Board of County Commissioners Proceedings for Lake County for the period from March 15, 2019 through June 1, 2019 are available for public review in the Courthouse at the Clerk & Recorders Office. Individual Requests for personal copies will be accepted by the Clerk & Recorder at her office in the Lake County Courthouse: Signed this 22nd day of July 2019. Board of Lake County Commissioners /s/ Dave Stipe, Member Published on August 8, 2019. MNAXLP
DATE CORRECTION: The Public Hearing for the Resolution of Intention No. 19-21 will be held on September 2, 2019 at 10:00 am, not August 12, 2019 at 3:00 pm as previously published. We apologize for any confusion. BOARD OF LAKE COUNTY COMMISSIONERS The Board of County Commissioners will hold a public hearing on Monday September 2, 2019 at 10:00 am in the Commissioners Chambers located at 106 4th Avenue East, Polson, MT 59860 for the purpose of taking comment on the Resolution of Intention listed below. If you would like to make public comment, but are unable to attend the hearing, please submit comment to lakecommissioners@lakemt.gov or to Lake County Commissioners at 106 4th Avenue East, Polson, MT 59860. RESOLUTION OF INTENT NO. 19-21 Resolution of Intent to Change the Name of Pablo West Road to Lytton Road. WHEREAS, County Commissioners have the ability to establish, alter, or abandon a county road under MCA 7-14-2601; and, WHEREAS, the Lake County Commissioners have received a petition signed by more than county 10 freeholders requesting that Pablo West Road be re-named as Lytton Road as required by MCA 7-14-2601 (1); and, WHEREAS, the Lake County Commissioners have determined that the changing the name of Pablo West Road to Lytton Road will not be detrimental to the public welfare; and, WHEREAS, the Lake County Commissioners have scheduled a public hearing in the Commissioners' Chambers in the Lake County Court House on Monday September 2, 2019 at 10:00 am to hear public comment on the proposed name change; and, WHEREAS, public comment may be submitted to the Board of Lake County Commissioners at 106 4th Avenue East, Polson MT 59860 or by email to lakecommissioners@lakemt.gov; and PASSED and ADOPTED this 29th day of July 2019. BOARD OF LAKE COUNTY COMMISSIONERS /s/ Gale Decker, Chairman /s/ Dave Stipe, Member /s/ William D. Barron, Member /s/ Paula A. Holle, Clerk & Recorder Published on August 8, 2019, and August 15, 2019. MNAXLP
NOTICE OF PUBLIC HEARING LAKE COUNTY BOARD OF HEALTH The Lake County Board of Health hereby gives notice that Lake County Environmental Health staff will present a proposed standard variance from requirements contained in the Administrative Rules of Montana Sub-Chapter 9, Subdivisions/On-Site Subsurface Wastewater Treatment Systems, which are adopted by reference in the Lake County Wastewater Treatment System Regulations. The Department is requesting a standard variance be approved to allow staff to permit replacement wastewater system components less than the required minimum setback of 50 feet from surface water for a sealed wastewater system component. The Lake County Board of Health will meet and consider this standard variance on Tuesday, August 20, 2019, at 1:30 p.m. in the conference room of the Lake County Public Health Office Building located at 802 Main Street, Polson. All interested persons are invited to attend. Written testimony regarding this matter will be accepted until the time of the hearing. Comments may be mailed to and additional information may be obtained from Lake County Environmental Health, 106 4th Avenue East, Polson, MT 59860, 406-883-7236 Phone, 406-883-7205 FAX, envhealth@lakemt.gov Published on August 8, 2018, and August 15, 2019. MNAXLP
LEGAL NOTICE The Board of Lake County Commissioners will hold a public hearing on Tuesday, September 10th, 2019 at 2:00 pm in the Office of the Lake County Commissioners, Room 211of the Lake County Courthouse on the following item: RESOLUTION TO ADOPT AMENDMENTS TO SWAN SITES ZONING MAP AND REGULATIONS On Wednesday, July 17th, 2019, the Lake County Board of Commissioners passed a resolution of intention to adopt proposed amendments to the Swan Sites Zoning District Map and Regulations. Upon being adopted, the map amendments would include making corrections in Sections 13 and 14 within the zoning map boundaries. Text amendments to the regulations included various updates, clarifications and typographical corrections, as well as correcting the district and sub-district descriptions. Language has been added addressing land outside the district that is added to parcels or lots within the district, accessory dwelling units (ADUs), temporary dwellings, a 50-foot vegetative buffer, stormwater management, additional public health and safety standards, and disturbance of slopes greater than 25% as a conditional use. The text amendments also update the purpose, the mandatory review requirements, the administrative section, the appeal process and enforcement procedures, the definition section, how rentals are addressed by Lake County, how impervious surfaces and maximum average building heights are calculated, and setbacks to waterways. The subject area impacted by the proposed amendments includes all areas within the Swan Sites Zoning District. Information related to the proposed amendments is available at the Office of the County Clerk & Recorder and the Planning Dept., Rm. 315 of the Lake County Courthouse. The Board of Commissioners will receive written and verbal comments up to the date of the scheduled public hearing from persons owning real property within the district whose names appear on the last-completed assessment roll of the county. Comments may be mailed to Lake County Planning Dept, 106 4th Ave E, Polson, MT 59860 or faxed: 406-883-7205 or e-mailed: planning@lakemt.gov Published on August 1, 2019, and August 8, 2019. MNAXLP
Mission Valley Aquatics Recreation District Notice of Budget Meeting THE BOARD OF THE MISSION VALLEY AQUATIC RECREATION DISTRICT HAS COMPLETED ITS PRELIMINARY BUDGET FOR THE FISCAL YEAR 2019-2020. Any taxpayer or resident of the Rec District may appear and be heard for or against any part of the proposed budget. The Recreation District Board will meet at the Mission Valley Aquatic Center (309 Ridgewater Drive) on Thursday, the 22nd day of August, 2019 at 2:00 p.m. to approve the final budget. Mark Johnston Mission Valley Aquatic Recreation District (406) 298-3569 Published on August 8, 2019, and August 15, 2019. MNAXLP
The Board of Trustees of the North Lake County Public Library District will conduct a Preliminary FY2020 Budget Hearing on August 22, 2019 at 5:00 pm in the Library Meeting Room. Immediately following at the regular business meeting, the Trustees will take action for the purpose of adopting the final budget of the North Lake County Public Library District for fiscal year 2019-2020. This meeting of the trustees may be continued from day to day until final adoption of the district's 2019-2020 budget. The preliminary budget is on file and is open to inspection in the office of the Library Director at #2 1st Avenue East, Polson, Montana. Please contact Abbi Dooley, Director at 883-8225 for additional information. Any taxpayer or resident may appear at the hearing and be heard for or against any part of the proposed budget. Published on August 8, 2019, and August 15, 2019. MNAXLP
The North Lake County Public Library District will conduct a public hearing on August 22, 2019 at 5:00 pm in the Library Meeting Room for the purpose of amending the FY 2018-2019 budget pursuant to Montana law at MCA 7-6-4021. Any taxpayer or resident may appear at the meeting and be heard for or against any part of the proposed budget amendments. The Library Board of Trustees will take action immediately following the public hearing to approve the resolution to amend the fiscal year 2018-2019 budget. The proposed budget amendments are on file and open to inspection in the office of the Library Director at #2 1st Avenue East, Polson, Montana. Please contact Abbi Dooley, Director at 883-8225 for additional information. Published on August 8, 2019, and August 15, 2019. MNAXLP
RESOLUTION TO DISPOSE OF SURPLUS PROPERTY As provided in 20-6-604, MCA, the Trustees of Arlee Joint School District #8 hereby resolve to sell excess property, namely District supplies, equipment, etc. that are no longer utilized by the District. The Trustees of Arlee Joint School District #8 further resolve that notices of this resolution shall be published in the local papers, The CharKoosta, The Lake County Leader and the Missoulian the weeks of August 5, 2019 and August 12, 2019. This resolution shall become effective 14 days after publication of the second notice identified in the above paragraph, unless appealed to the district court by a taxpayer in compliance with and provided in 20-6-604, MCA. Adopted by the Board of Trustees of Arlee Joint School District #8, this 29th day of July, 2019. Kris Gardner Chairman of the Board Lonnie Morin Attesting Clerk Published on August 8, 2019, and August 15, 2019. MNAXLP
St. Ignatius Rural Fire District Notice of Budget Meeting The St. Ignatius Rural Fire District will conduct a public final budget meeting, Wednesday, August 14, 2019 at 6:00 p.m. in the Fire Hall meeting room. For further information you may contact Chairman, Tim Callahan at 745-4112. For written comments send to St. Ignatius Rural Fire District, P.O. Box 485 St. Ignatius,, MT, 59865. Published on August 8, 2019. MNAXLP
School District No. 35 Notice of Final Budget Hearing Trustees in Valley View School District 35 will be meeting on Tuesday August 13, 2019 @ 5:30 p.m. at the Valley View School (located at 42448 Valley View Rd, Polson , MT 59860) to consider and adopt the final budget for the district for the 2019-2020 school year. The meeting of Trustees may be continued from day to day until the final adoption of the district's budget. District taxpayers may attend and be heard for or against any part of the school budget. For further information, please contact the Lake County Superintendent Carolyn Hall and/or attend the meeting. Published on August 8, 2019. MNAXLP