Legals for October, 31 2021
No. 28075 NOTICE OF PUBLIC HEARING The Board of Commissioners of Flathead County, Montana, hereby gives notice, pursuant to Section 76-2-205(1), M.C.A., that it will hold a public hearing to consider a change in the zoning designation in a portion of the Willow Glen Zoning District from R-2 (One Family Limited Residential) to B-2 (general Business). The boundaries of the area proposed to be amended from R-2 (One Family Limited Residential) to B-2 (general Business) are described as: Parcel 1: Tract 1 of Certificate of Survey No. 6655, situated, lying and being in the Northeast Quarter of the Northwest Quarter of Section 9, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. Parcel 2: Parcel A of Certificate of Survey No. 10055, located and being in the Southwest Quarter of Section 4 and in the Northwest Quarter of Section 9, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. The regulations defining the R-2 and B-2 zones are contained in the Flathead County Zoning Regulations on file for public inspection at the Office of the Board of Commissioners, located at 800 South Main, Kalispell, Montana, at the Flathead County Planning and Zoning Office, 40 11th Street West, Kalispell, Montana, and on the Flathead County Planning and Zoning Office's website, at: http:// http://flathead.mt.gov/planning_zoning/zoning.php. Documents related to the proposed zone change are also on for file for public inspection at the Office of the Board of Commissioners and at the Flathead County Planning and Zoning Office. The public hearing will be held on the 16th day of November, 2021, at 10:30 o'clock a.m., in the Commissioner's Chambers, Third Floor, Old Courthouse, Kalispell, Montana. At the public hearing, the Board of Commissioners will give the public an opportunity to be heard regarding the proposed change to the Willow Glen Zoning District. Written comments are encouraged and will be reviewed by the Commissioners prior to the hearing if received by the Flathead County Commissioners' Office at least three business days prior to the hearing. DATED this 21st day of September, 2021. BOARD OF COUNTY COMMISSIONERS Flathead County, Montana By: /s/Pamela J. Holmquist Pamela J. Holmquist, Chairman Pro-Tem October 31, November 7, 2021 MNAXLP __________________________
No. 28076 NOTICE OF PUBLIC HEARING The Board of Commissioners of Flathead County, Montana, hereby gives notice, pursuant to Section 76-2-205(1), M.C.A., that it will hold a public hearing to consider a request to change the zoning designation in a portion of the Blanchard Lake Zoning District from AG-20 to R-2 (One Family Limited Residential) and B-2 (General Business). The boundaries of the areas proposed to be amended from AG-20 (Agricultural) to B-2 (General Business) are described as: That portion of Tract 2 of COS No. 18192 located in a portion of the SE1/4 of the SE1/4 of Section 24, Township 30 North, Range 22 West. Principal Meridian Montana, Flathead County, described as follows Beginning at the Northwest corner of Tract 2 of COS No. 18192; Thence along the North line of said Tract 2 S89º 37' 33"E 421.05 feet; Thence S00º 02 '55"W 672.64 feet; Thence N89º 41'18"W 113.80 feet; Thence S00º 02'55"W 345.93 feet to the Southerly line of said Tract 2; Thence along the southerly and westerly lines of said Tract 2 N89º 41' 18"W 309.49 feet and N00º 10' 29"E 1019.02 feet to the Point of Beginning. Containing 8.97 acres of land as shown hereon, SUBJECT TO AND TOGETHER WITH easements of record. The boundaries of the areas proposed to be amended from AG-20 (Agricultural) to R-2 (One Family Limited Residential) are described as: That potion of Tract 2 of COS No 18192 located in a portion of the SE1/4 of the SE1/4 of Section 24, Township 30 North, Range 22 West, Principal Meridian, Montana, Flathead County, described as follows: Commencing at the Northwest corner of Tract 2 of COS No. 18192; Thence along the North line of said Tract 2 S89º 37' 33"E 421.05 feet to the Point of Beginning; Thence continuing along said North line S89º 37' 33" 496.42 feet to the Northeast Corner of said Tract 2; Thence along the easterly, southerly and westerly lines of said Tract 2 S00º 03' 32"E 1317.98 feet, N89º 41' 39"E 612.69 feet; Thence N00º 02' 55"E 300.00 feet to the corner of said Tract 2; Thence continuing N00º 02' 55"E 345.93 feet; Thence S89º 41' 18"E 113.80feet; Thence N00º 02' 55"E 672.64 feet to the Point of Beginning Containing 16.74 acres of land as shown hereon. SUBJECT TO AND TOGETHER WITH easements of record. AND Tract 2 of Certificate of Survey No. 11144; located in the Southeast Quarter of the Southeast Quarter of Section 24, Township 30 North, Range 22 West, P.M.M., Flathead County, Montana. The regulations defining the AG-20, R-2 and B-2 zones are contained in the Flathead County Zoning Regulations on file for public inspection at the Office of the Board of Commissioners, 800 South Main, Room 302, Kalispell, Montana, at the Flathead County Planning and Zoning Office, 40 11th Street West, Kalispell, Montana, and on the Flathead County Planning and Zoning Office's website at: http://flathead.mt.gov/planning_zoning/downloads.php. Documents related to the proposed zone change are also on for file for public inspection at the Commissioners' Office and at the Flathead County Planning and Zoning Office. The public hearing will be held on the 9TH day of November, 2021 at 9:00 o'clock a.m. in the Commissioners' Chambers, Third Floor, Courthouse, Kalispell, Montana. At the public hearing, the Board of Commissioners will give the public an opportunity to be heard regarding the proposed change to the Blanchard Lake Zoning District. Written comments are encouraged and will be reviewed by the Commissioners if received prior to the hearing. DATED this 21st day of September, 2021. BOARD OF COUNTY COMMISSIONERS Flathead County, Montana By: /s/Pamela J. Holmquist Pamela J. Holmquist, Chairman Pro-Tem October 24, 31, 2021 MNAXLP _________________________
No. 28079 NOTICE OF PUBLIC HEARING The Board of Commissioners of Flathead County, Montana, hereby gives notice, pursuant to Section 76-2-205(1), M.C.A., that it will hold a public hearing to consider a change in the zoning designation in a portion of the Lower Valley Zoning District from AG-80 (Agricultural) to SAG-5 (Suburban Agricultural). The boundaries of the area proposed to be amended from AG-80 (Agricultural) to SAG-5 (Suburban Agricultural) are described as: The East Half of the Northwest Quarter of the Southeast Quarter of Section 35, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. EXCEPTING THEREFROM that portion conveyed to Flathead County by Deed recorded June 20, 1961 in Book 439, Page 997, as Doc. No. 4135, records of Flathead County, Montana. The regulations defining the AG-80 and SAG-5 zones are contained in the Flathead County Zoning Regulations on file for public inspection at the Office of the Board of Commissioners, located at 800 South Main, Kalispell, Montana, at the Flathead County Planning and Zoning Office, 40 11th Street West, Kalispell, Montana, and on the Flathead County Planning and Zoning Office's website, at: http:// http://flathead.mt.gov/planning_zoning/zoning.php. Documents related to the proposed zone change are also on for file for public inspection at the Office of the Board of Commissioners and at the Flathead County Planning and Zoning Office. The public hearing will be held on the 9th day of November, 2021, at 10:30 o'clock a.m., in the Commissioner's Chambers, Third Floor, Old Courthouse, Kalispell, Montana. At the public hearing, the Board of Commissioners will give the public an opportunity to be heard regarding the proposed change to the Lower Valley Zoning District. Written comments are encouraged and will be reviewed by the Commissioners prior to the hearing if received by the Flathead County Commissioners' Office at least three business days prior to the hearing. DATED this 21st day of September, 2021. BOARD OF COUNTY COMMISSIONERS Flathead County, Montana By: /s/Pamela J. Holmquist Pamela J. Holmquist, Chairman Pro-Tem October 24, 31, 2021 MNAXLP ___________________
No. 28151 REQUEST FOR QUALIFICATIONS FLATHEAD COUNTY, MONTANA SEPTAGE TREATMENTAND BIOSOLIDS COMPOSTING FACILITY The Flathead City-County Board of Health (Board) is requesting interested persons/firms to submit their qualifications for providing engineering services for the Flathead County Septage Treatment and Biosolids Composting Facility. Such qualification statements are to be submitted, in writing and electronically to the Flathead County Board of Health at 1035 First Ave. West, Kalispell, Montana, 59901 and must be received no later than 5 P.M. on Nov 24, 2021. Electronic submissions shall be sent to the Health Officer. All responses will be reviewed by the Environmental Health Committee of the Board of Health. PROJECT BACKGROUND: Over the past decade, Flathead County has experienced rapid growth rates and as a result the land that is suitable and available for the disposal of septage has become very limited. The rapid growth in the Flathead Valley has also created a problem related to the disposal of municipal biosolids because of concerns related to the long-term viability of existing disposal methods or locations. The following are challenges that have been identified by the Board that has led to the necessity of this RFQ: 1. Land application of septage disposal is becoming increasingly difficult as agricultural land is developed for residential purposes. 2. Land disposal of septage provides very little treatment of a high strength waste. The probability of groundwater and surface water pollution from this source is significant. 3. The availability of municipal sludge disposal and treatment options continue to decrease. The commercial composting facility in Flathead County has limitations with regard to accepting the quantity of municipal sludge generated. 4. An abundant supply of compost is a high-quality soil amendment that may be used throughout Flathead County for residential and agricultural use. It is expected that the septage treatment and composting facility will be co-located. The type of septage treatment is integrally tied to location of the facility. It is anticipated that septage will be received, solid waste will be separated and the septage will be dewatered. It is also anticipated that the biosolid from the dewatering process will be composted and the remaining water (supernatant) treated to an acceptable level to be disposed on-site by either a surface or subsurface application or delivered to a municipal wastewater plant for treatment and final disposal. Proximity to a municipal treatment facility is an important factor in the final disposal of the treated water from this facility. SCOPE OF WORK: The proposed scope of work includes professional services related to the design, bidding, construction administration, and construction observation for a new Flathead County Septage Treatment and Biosolids Composting Facility. It is anticipated that the work will be completed in two phases as follows: Phase 1 (30% Design): The persons/firm selected will provide consultative and engineering services necessary to identify an appropriate site and provide initial design (approximately 30%) for a septage treatment and composting facility to serve Flathead County. This is a collaborative project between Flathead County, the three municipalities (Kalispell, Whitefish, and Columbia Falls), and some or all of the county water and sewer districts. It is anticipated that the Phase 1 services will specifically include the following items: 1. Alternative analysis and selection of the septage treatment and biosolids composting processes. 2. Development of sizing design criteria for all major treatment processes. 3. Identification of potential sites to locate the facility and development of a recommended alternative. 4. Development of a final site plan for the recommended facility. 5. Development of a detailed project cost estimate based on the recommended treatment processes and recommended site. 6. Development of a financial evaluation and business plan based on estimated costs and fees. 7. Assistance with land acquisition. 8. Coordination with Flathead County, the three municipalities, and water and sewer Districts within the County. 9. Development of Preliminary Design Report and 30% set of construction drawings. 10. Funding assistance and grant administration, if needed At the sole discretion of Flathead County, the consultant selected for Phase 1 may be retained to provide professional services for Phase 2, which includes the following scope of work. Phase 2 (Final Design, Bidding, Construction Administration, and Project Closeout): The Phase 2 services include, but may not be limited to, the following major items of work. 1. Preparation of Final Construction Drawings and Specifications 2. Coordination with DEQ 3. Obtaining necessary permits required for construction 4. Project Bidding 5. Construction Administration and Observation 6. field Commissioning, System Startup and Operator Training 7. Project Closeout and As-recorded Drawings 8.Preparation of an Operation and Maintenance Manual 9. Funding assistance and grant administration, if needed CRITERIA OF SELECTION: Selection of a person/firm for the provision of these services will be based upon the following criteria and each must be addressed within the response submitted to be eligible for consideration. Cover Letter (Not to Exceed 1 Page, 0 Points) If desired an introductory letter can be provided and limited to one page. The letter will not be scored. Location of the Key Staff Members and Firm (Not to Exceed 1 Page, 0 Points) Location of the firm and key staff assigned to the project. Qualifications of the Professional Personnel who will be Assigned to the Project. (Not to Exceed 5 Pages, 35 Points) Provide an overview of the Consultant team highlighting their experience, qualifications and technical capabilities that are relevant to the project. Briefly describe Consultant's team key personnel's experience, qualification, and role on this project. Resumes for key staff shall be provided in A, but will be scored within this section. Provide an organizational chart of the proposed project team. Indicate the number of other projects that will be managed by the Project Manager and by the lead engineer during the time he or she would be assigned to this project. Resumes will not be included in the page count. Related Experience and References (Not to Exceed 5 Pages, 35 Points) Provide project descriptions with similar scope and magnitude to this project. In addition, provide project descriptions of past work with Kalispell, Whitefish, and Columbia Falls that may impact this proposed project. Present and Projected Workloads/Capability to Meet Time and Budget Requirements (Not to Exceed 1 Page, 10 Points) Provide a discussion regarding the anticipated workload for the key members of the project team during the time frame that this project will occur (January 1, 2022 - June 30, 2022). Provide a brief description of the tools and processes used to manage budget. Recent or current work for Flathead County, Kalispell, Whitefish, and Columbia Falls. (Not to Exceed 1 Page, 20 Points) Provide information regarding past related wastewater experience working with Flathead County, Kalispell, Whitefish and Columbia Falls. GENERAL INFORMATION: The County may select a consultant without an interview. The selected firm will be asked to submit a formal scope of services and fee for the work and to negotiate a contract with the County. If an appropriate agreement cannot be reached with the highest-ranked firm, the second-ranked firm may be invited to submit a proposal and negotiate a contract with the County, and so on. The County reserves the right to reject any or all statements of qualification and re-advertise, to waive any irregularities in the statements of qualification, and to accept the statement of qualification that best benefits the County. Flathead County reserves the right to negotiate an agreement based on fair and reasonable compensation for the scope of work and services proposed as well as the right to reject any and all responses deemed unqualified, unsatisfactory or inappropriate. All proposals become the property of Flathead County. The County is not responsible for any costs associated with preparing qualifications statements in response to this RFQ. Please provide six printed Statements of Qualifications and one electronically in PDF. Questions and electronic submittal may be referred to Joseph W. Russell, Health Officer, Flathead City County Health Department at (406) 751-8155 or jrussell@flathead.mt.gov. Dated this 21st day of October, 2021 Flathead City-County Board of Health By: /s/ Roger A. Noble Roger A. Noble, Chairman ATTEST: Joseph W. Russell /s/ Joseph Russell Health Officer October 24, 31, 2021 MNAXLP __________________________
No. 28126 Peg L. Allison Clerk of District Court Flathead County Justice Center 920 South Main Street Kalispell, MT 59901 (406) 758-5906 IN THE DISTRICT COURT OF THE ELEVENTH JUDICIAL DISTRICT OF THE STATE OF MONTANA, IN AND FOR THE COUNTY OF FLATHEAD IN THE MATTERS OF: R.M.B., G.W.B., B.L.B., YOUTHS IN NEED OF CARE. Cause No. DN-19-074(D) Cause No. DN-19-075(D) Cause No. DN-19-076(D) SUMMONS FOR PUBLICATION To: Terry William Burkett, birth father of the above-named children: YOU ARE HEREBY NOTIFIED that a Petition has been filed in the above-entitled Court by the Montana Department of Public Health and Human Services, Child and Family Services Division, 121 Financial Drive, Suite C, Kalispell, MT 59901, requesting termination of parental rights with permanent legal custody and right to consent to adoption. NOW, THEREFORE, YOU ARE HEREBY DIRECTED to appear on Wednesday, November 24, 2021 at 1:30 PM before the Honorable Dan Wilson, District Judge, Department 4, Flathead County Justice Center, 920 South Main Street, Third Floor, Kalispell, Flathead County, MT, then and there to show cause, if any you may have, why the Petition should not be granted. R.M.B. was born on June 4, 2004 in Missoula, Montana. G.W.B. was born on November 30, 2006 in Whitefish, Montana. B.L.B. was born on February 9, 2009 in Whitefish, Montana. The birth mother is Alisa Rae Burkett. You have the right to representation by an attorney in these proceedings. If you are unable to afford an attorney, the Court will appoint an attorney to represent you. Your failure to appear at the hearing constitutes a denial of your interest in the above-named child, which denial may result, without further notice of this proceeding or any subsequent proceedings, in the Court entering judgment by default against you for all relief requested in the Petition. A copy of the Petition is filed with the Clerk of District Court for the Eleventh Judicial District Court in and for Flathead County, 920 South Main, Third Floor, Kalispell, MT, 59901, telephone (406) 758-5870. WITNESS my hand and Seal of this Court this 13th day of October, 2021. PEG L. ALLISON Clerk of District Court By: M BUTTON Deputy Clerk October 17, 24, 31, 2021 MNAXLP __________________________
No. 28127 Peg L. Allison Clerk of District Court Flathead County Justice Center 920 South Main Street Kalispell, MT 59901 (406) 758-5906 IN THE DISTRICT COURT OF THE ELEVENTH JUDICIAL DISTRICT OF THE STATE OF MONTANA, IN AND FOR THE COUNTY OF FLATHEAD IN THE MATTERS OF: R.M.B., G.W.B., B.L.B., YOUTHS IN NEED OF CARE. Cause No. DN-19-074(D) Cause No. DN-19-075(D) Cause No. DN-19-076(D) SUMMONS FOR PUBLICATION To: Alisa Rae Burkett, birth mother of the above-named children: YOU ARE HEREBY NOTIFIED that a Petition has been filed in the above-entitled Court by the Montana Department of Public Health and Human Services, Child and Family Services Division, 121 Financial Drive, Suite C, Kalispell, MT 59901, requesting termination of parental rights with permanent legal custody and right to consent to adoption. NOW, THEREFORE, YOU ARE HEREBY DIRECTED to appear on Wednesday, November 24, 2021 at 1:30 PM before the Honorable Dan Wilson, District Judge, Department 4, Flathead County Justice Center, 920 South Main Street, Third Floor, Kalispell, Flathead County, MT, then and there to show cause, if any you may have, why the Petition should not be granted. R.M.B. was born on June 4, 2004 in Missoula, Montana. G.W.B. was born on November 30, 2006 in Whitefish, Montana. B.L.B. was born on February 9, 2009 in Whitefish, Montana. The birth mother is Alisa Rae Burkett. You have the right to representation by an attorney in these proceedings. If you are unable to afford an attorney, the Court will appoint an attorney to represent you. Your failure to appear at the hearing constitutes a denial of your interest in the above-named child, which denial may result, without further notice of this proceeding or any subsequent proceedings, in the Court entering judgment by default against you for all relief requested in the Petition. A copy of the Petition is filed with the Clerk of District Court for the Eleventh Judicial District Court in and for Flathead County, 920 South Main, Third Floor, Kalispell, Montana, 59901, telephone (406) 758-5870. WITNESS my hand and Seal of this Court this 13th day of October, 2021. PEG L. ALLISON Clerk of District Court By: M BUTTON Deputy Clerk October 17, 24, 31, 2021 MNAXLP __________________________
No. 28121 NOTICE OF BOARD POSITION VACANCIES MAKE A DIFFERENCE IN YOUR COMMUNITY Flathead County is seeking individuals who want to make a difference in their community by filling vacancies on various Boards. Letters of interest are being accepted for a limited number of openings on the following Boards: Flathead County Board of Adjustment, Flathead County Planning Board, Columbia Falls City-County Planning Board and Zoning Commission, Whitefish Planning Board, Ashley Lake Land Use Advisory Committee, Egan Slough Planning and Zoning Commission, Helena Flats Land Use Advisory Committee, LaBrant-Lindsey Land Use Advisory Committee, Little Bitterroot Lake Land Use Advisory Committee, Middle Canyon Land Use Advisory Committee, Riverdale Land Use Advisory Committee, Rogers Lake Land Use Advisory Committee, and the West Valley Land Use Advisory Committee. All positions are appointed by the Board of County Commissioners. TO APPLY FOR ANY OF THESE POSITIONS: Letters of interest (please specify which board/committee you are applying for) including name, physical address, mailing address, daytime phone number and qualifications should be submitted to: Angela Phillips Flathead County Planning & Zoning Office South Campus Building 40 11th Street West, Ste 220 Kalispell, MT 59901 All letters of interest should be received by 5:00 p.m. on November 12, 2021. For additional information and specific qualifications please call 751-8200 or visit our website: flathead.mt.gov/planning_zoning October 17, 20, 24, 27, 31, November 3, 7, 10, 2021 MNAXLP __________________________
No. 28141 PUBLIC NOTICE NO. MT-21-25 October 25, 2021 PURPOSE OF PUBLIC NOTICE The purpose of this notice is to state the Montana Department of Environmental Quality's (DEQ) intention to issue a General Permit as described in this notice and to hold a public hearing on the issuance of this permit. This permit is issued by the Department under the authority of 75-5-402, Montana Code Annotated (MCA); the Administrative Rules of Montana (ARM) 17.30.1301 et seq., Montana Pollutant Discharge Elimination System (MPDES); and Sections 402 and 303 of the Federal Clean Water Act. The Water Protection Bureau has prepared a draft permit for the facility listed below. Copies of the draft permit, fact sheet and draft environmental assessment are available upon request from the Water Protection Bureau or on the Department's website www.deq.mt.gov APPLICANT INFORMATION PERMIT/CATEGORY: General Permit; Storm Water Discharges Associated with Small Municipal Separate Storm Sewer Systems (MS4s) GEOGRAPHIC REGION: Statewide FACILITIES: Owners/Operators of Small MS4s RECEIVING WATERS: State Surface Water PERMIT NUMBER: MTR040000 This fifth generation General Permit covers discharges of storm water from Small MS4s including storm water runoff, snow melt, surface runoff, and/or drainage that transports pollutants to waterways via storm sewer systems. The renewal is for a five-year cycle and will continue to provide protection of state waters by requiring owner/operators to maintain, update, and enforce a Storm Water Management Program. PUBLIC COMMENT Public comments are invited ANYTIME PRIOR TO CLOSE OF BUSINESS NOVEMBER 29, 2021. Comments may be directed to the DEQ Water Protection Bureau, P.O. Box 200901, Helena, MT 59620. All comments received or postmarked PRIOR TO CLOSE OF BUSINESS NOVEMBER 29, 2021, will be considered in the formulation of final determinations to be imposed on the permit. If you wish to comment electronically, you may e-mail DEQ at DEQWPBPublicComments@mt.gov On November 29, 2021, at 10:00 a.m. in DEQ's Lee Metcalf Building Room 111 at 1520 E. Sixth Ave., Helena, MT; DEQ will hold a public hearing on the draft general permit, fact sheet, draft environmental assessment. Contact Haley Sir at Haley.Sir@mt.gov no later than November 22, 2021, for information on how to join the hearing remotely. DEQ will respond to all significant comments and issue a final decision within sixty days of this notice or as soon as possible thereafter. Additional information may be obtained upon request by calling (406) 444-5546 or by writing to the aforementioned address. The complete administrative record, including permit application and other pertinent information, is maintained at the Water Protection Bureau office in Helena and is available for review during business hours. The State of Montana makes reasonable accommodations for any known disability that may interfere with a person's ability to participate in state government. Persons needing an accommodation must notify Haley Sir no later than November 22, 2021, to allow adequate time to make needed arrangements. You can email Haley at Haley.Sir@mt.gov or write to the address noted to make your request known. PUBLIC NOTICE NO. MT-21-25 October 25, 2021 October 31, 2021 MNAXLP _________________________
No. 28148 LEGAL NOTICE Montana Fish, Wildlife and Parks is proposing a plan to improve management of public recreation on its Flathead Lake Island properties, including Bird, Cedar, Douglas, and Goose islands. A copy of the draft environmental assessment is available at the FWP office, 490 N. Meridian Rd., Kalispell; Montana State Library, 1515 E 6th Ave., Helena; FWP State Headquarters, 1420 E 6th Ave., Helena; and the FWP website at https://fwp.mt.gov/public-notices. A public meeting is scheduled for Nov. 3 at 6 pm through Zoom. The meeting information will be posted online at https://fwp.mt.gov/aboutfwp/regions/region1. FWP asks that comments on this draft environmental assessment be submitted to either of the following addresses by 5:00 pm on November 22, 2021: FHL Islands EA, Montana Fish, Wildlife & Parks, 490 N. Meridian Rd, Kalispell MT 59901; or via email (JColtrane@mt.gov). October 31, 2021 MNAXLP __________________________