Legal Ads for September 28, 2016

Position opening : Full-time PT Receptionist/billing

Phillips County Hospital which offers a family-oriented, supportive, TEAM-building work environment is accepting applications for a full-time Physical Therapy Receptionist/billing position. Wages – DOE, Benefits – 85% covered cost for health and vision for FTE, accrued PTO/EML + 8 pd holidays, eligible for 401(k) after 1 year of service.

Interested persons can pick up an application from the PCH business office or contact Steph Denham (654-1100) .

Position open until filled.

Phillips County Hospital is an equal opportunity employer. Phillips County Hospital does not discriminate against any person on the grounds of race, color, creed, religion, national origin, sexual orientation, disability, age, marital status or status with regard to public assistance in its programs, services and activities, or in employment.

NOTICE OF PETITION FOR DOUBLE AUTO GATES

At a regular meeting of the Board of County Commissioners, a petition signed by several residents and taxpayers of PHILLIPS COUNTY was presented to the Board and requested that;

EXISTING SINGLE AUTO GATES be REPLACED WITH DOUBLE AUTO GATES and be placed at the following locations:

1). Township 25 North, Range 27

East P.M.M.

Located on the South boundary of

NW 1/4 of NW 1/4 of Section 27

On Ranch Road.

2). Township 25 North Range 28

East P.M.M.

Located at the intersecting section corners of Sections 20, 21, 28, 29.

On Jackson Corner Road.

3). Township 25 North Range 28

East P.M.M.

Located at SE corner of

NE 1/4 of Section 23.

On Midale Cutacross Road.

A by-pass gate must be provided for trailing cattle or moving machinery when necessary. A hearing will be held on said petition on Monday, October 3, 2016 at 2:30 p.m. in the Commissioners’ Room at the Phillips County Courthouse, at which time anyone may appear either for or against the said petition.

Dated this 15th day of September 2016.

BOARD OF COUNTY COMMISSIONERS

Marian S Ereaux, CLERK

(Published by Phillips County News 9/21, 9/28/16)

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NOTICE OF WHITEWATER BOARD MEETING

NOTICE IS HEREBY GIVEN that pursuant to the requirements of Section 2-2-3-2 MCA the Board of Trustees of Whitewater School District 20D intends to take action on the following matter at the Regular Board Meeting to held on

October 11, 2016 at 7:00 p.m. in the Superintendent Office.

The hiring of Tricia LaBrie, daughter of Michael Hammond, Business Manager/Clerk

If you have any questions, comments or objections prior to said Board Meeting, please direct all such inquiries to:

Darin Cummings, Superintendent

Whitewater School District 20D

(Published by Phillips County News 9/21, 9/28/2016)

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NOTICE OF PETITION FOR

AUTO GATE

At a regular meeting of the Board of County Commissioners, a petition signed by several residents and taxpayers of PHILLIPS COUNTY was presented to the Board requesting

A new AUTO GATE will be placed at the following location:

Township 24 North, Range 29

East P.M.M.

Located in center of Section 28

on Midale Road

A by-pass gate must be provided for trailing cattle or moving machinery when necessary.

A hearing will be held on said petition on Monday, October 3, 2016 at 2:30 p.m. in the Commissioners’ Room at the Phillips County Courthouse, at which time anyone may appear either for or against the said petition.

Dated this 15th day of September 2016.

BOARD OF COUNTY COMMISSIONERS

Marian S Ereaux, CLERK

(Published by Phillips County News 9/21, 9/28/16)

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Malta High School will soon destroy special education/speech-language therapy records of former students who have been out of school for at least five years. Former students may contact Sue Gilkerson at 406-654-2002 or their local school district within sixty days of this notice if they wish to review the files or obtain copies of the information contained in them. The information to be destroyed shall not include data collected on a routine basis that is maintained on all school children (such as the student’s name, address, telephone number, grade level completed and year completed.)

The data to be destroyed shall include information collected for identification, location, evaluation, and other items directly related to special education services which the student had received. Parents of students still in school but not in special education for at least five (5) years may also request that their children’s records be destroyed. Parents of these students also have the right to inspect the special education records and obtain copies of the information contained in those records before they are destroyed. Persons having questions about this process or those persons wishing to request that records be destroyed may contact Sue Gilkerson at (406) 654-2002 for assistance

(Published by Phillips County News 9/28, 10/5, 10/12, 10/19/2016)

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In accordance with § 75 10 735(4), Montana Code Annotated (MCA), the Montana Department of Environmental Quality (DEQ) hereby gives notice of approval of the Addendum to Voluntary Cleanup Plan (VCP) for the Malta Airport CECRA Facility in Malta, Montana. DEQ solicited public comment on this document for 30 days, August 17, 2016, through September 16, 2016. DEQ received one comment during this time period which supported the Addendum. DEQ has concluded that the Addendum meets the requirements specified in § 75-10-734, MCA, and, if implemented as approved, will attain a degree of cleanup and control of hazardous or deleterious substances that complies with the requirements of § 75-10-721, MCA. DEQ previously approved the City of Malta’s proposal for excavation and off-site disposal of soil within the Facility that exceed site-specific cleanup levels (SSCLs) based on future commercial/industrial use within the area proposed for future commercial/industrial use in the VCP and the City’s proposal for restrictive covenants in these areas to prohibit future residential development. In the area currently used as residential property, the City proposed to clean up to SSCLs protective of residential use with no future property use restrictions. This VCP Addendum evaluated the risk to recreational campers utilizing a portion of the Facility for no more than 100 days per year and revised the previously-approved restrictive covenants to allow camping on the City’s property up to 100 days per year. The VCP and Addendum is available for review at the Phillips County Library in Malta, and the DEQ’s office located at 1225 Cedar Street in Helena. If you have questions, please contact Jessica Smith, DEQ, Remediation Division,

P.O. Box 200901, Helena, MT 59620 0901 or by phone at (406)444-6474.

rem_484436

(Published by Phillips County News 9/28/2016)

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NOTICE OF AVAILABILITY FINDING OF NO SIGNIFICANT IMPACT (FONSI) PROGRAMMATIC ENVIRONMENTAL ASSESSMENT FOR FORT BELKNAP NOXIOUS WEED MANAGEMENT

Fort Belknap Indian Reservation

The U.S. Bureau of Indian Affairs (BIA) has prepared a Programmatic Environmental Assessment (PEA) for the implementation of a noxious weed management program guided by the Fort Belknap Indian Community Noxious Weed Management Strategic Plan 2013-2018 (Strategic Plan) on the Fort Belknap Indian Reservation (FBIR). The FBIR is located in north central Montana within portions of Blaine and Phillips counties. The FBIR is the home of the Assiniboine and Gros Ventre tribes, which function as the Fort Belknap Indian Community.

The Fort Belknap Noxious Weed PEA analyzes the potential environmental effects from the implementation of a noxious weed management program guided by the Strategic Plan to determine whether the proposed project constitutes a major federal action that significantly affects the quality of the human environment, as specified in Section 102 (2) (C) of the National Environmental Policy Act (NEPA). The BIA has determined that approval of the proposed project will not result in significant impacts to the human environment. The FONSI is a finding of environmental effect, not a decision to proceed with an action. As specified in 25 Code of Federal Regulations (CFR) Part 2.7, a 30-day appeal period is required after publication of this Notice of Availability (NOA) before an action may be implemented. Appeals must be sent to the BIA Fort Belknap Agency, 158 Tribal Way, Suite B, Harlem, Montana 59526, with a copy to the BIA Rocky Mountain Region 2021 4th Ave North, Billings, Montana, 59101, by October 9, 2016.

This NOA of the environmental documents prepared for the noxious weed management program is in accordance with the requirements of Section 1503.1 of the Council on Environmental Quality Regulation (40 CFR Parts 1500-1508) and implements the procedural requirements of NEPA and the Department of Interior Manual (516 DM 1-6).

Copies of the PEA and FONSI are available at the Fort Belknap Agency Office at 158 Tribal Way, Suite B, Harlem, Montana 59526. Copies are also available at the BIA Rocky Mountain Region Office, 2021 4th Ave North, Billings, Montana 59101. Information requests regarding the PEA should be addressed to John St. Pierre, Superintendent, Bureau of Indian Affairs, Fort Belknap Agency, 158 Tribal Way, Suite B, Harlem, Montana 59526, Telephone (406)-353-2901.

(Published by Phillips County News 9/14, 9/21, 9/28/2016)

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DAN O’BRIEN,

Cole, Amestoy & O'Brien, PLLP

P.O. Box 1280

113 South 2nd Street West

Malta, Montana 59538

Phone: (406) 654-2541

Attorneys for Personal Representative

MONTANA SEVENTEENTH JUDICIAL DISTRICT COURT, COUNTY OF PHILLIPS

Probate No. DP- 2016-14

IN THE MATTER OF THE ESTATE

OF BOYD EVERETT EBAUGH,

Deceased.

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 mailed, return receipt requested, to: Cheryl J. Spitzer, Personal Representative, c/o Cole, Amestoy & O'Brien, P.O. Box 1280, 113 South 2nd Street West, Malta, Montana 59538, or filed with the Clerk of the above Court.

DATED this 31st day of August, 2016.

/s/ Cheryl J. Spitzer

Cheryl J. Spitzer, Personal Representative

(Published by Phillips County News 9/28, 10/5, 10/12/2016)

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The following is the complete text of an amendment to the Montana Constitution that will be submitted to the voters of the state of Montana at the November 8, 2016 General Election. The text of the amendment below is being published under the authority of Section 13-27-311, Montana Code Annotated. To review the ballot language of the constitutional amendment, please refer to the Voter Information Pamphlet or the Secretary of State Office website at sos.mt.gov/elections.

Questions can be emailed to [email protected], or you may contact us by phone at the toll free number 1-888-884-8683 (VOTE).

THE COMPLETE TEXT OF CONSTITUTIONAL INITIATIVE NO. 116 (CI-116)

WHEREAS, the People of the State of Montana find that a crime victim in Montana is entitled to enhanced, specific, and meaningful rights to participate in criminal and youth court proceedings and enact the following new section of Article II of The Constitution of the State of Montana. The section is named for a noted victim of crime, Marsy, in whose name many states have enacted comparable reforms.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF MONTANA:

NEW SECTION. Section 1. Article II of The Constitution of the State of Montana is amended by adding a new section 36 that reads:

Section 36. Rights of crime victims. (1) To preserve and protect a crime victim's right to justice, to ensure a crime victim has a meaningful role in criminal and juvenile justice systems, and to ensure that a crime victim’s rights and interests are respected and protected by law in a manner no less vigorous than the protections afforded to a criminal defendant and a delinquent youth, a crime victim has the following rights, beginning at the time of victimization:

(a) to due process and to be treated with fairness and respect for the victim's dignity;

(b) to be free from intimidation, harassment, and abuse;

(c) to be reasonably protected from the accused and any person acting on the accused's behalf;

(d) to have the victim's safety and welfare considered when setting bail and making release decisions;

(e) to prevent the disclosure of information that could be used to locate or harass the victim or that contains confidential or privileged information about the victim;

(f) to privacy, including the right to refuse an interview, deposition, or other discovery request and to set reasonable conditions on the conduct of any interaction to which the victim consents;

(g) to receive reasonable, accurate, and timely notice of and to be present at all proceedings involving the criminal conduct, plea, sentencing, adjudication, disposition, release, or escape of the defendant or youth accused of delinquency and any proceeding implicating the rights of the victim;

(h) to be promptly notified of any release or escape of the accused;

(i) to be heard in any proceeding involving the release, plea, sentencing, disposition, adjudication, or parole of the defendant or youth accused of delinquency and any proceeding implicating the rights of the victim;

(j) to confer with the prosecuting attorney;

(k) to provide information regarding the impact the offender's conduct had on the victim for inclusion in the presentence or predisposition investigation report and to have the information considered in any sentencing or disposition recommendations submitted to the court;

(l) to receive a copy of any presentence report and any other report or record relevant to the exercise of a right of the victim, except for those portions made confidential by law;

(m) to the prompt return of the victim's property when no longer needed as evidence in the case;

(n) to full and timely restitution. All money and property collected from a person who has been ordered to make restitution must be applied first to the restitution owed to the victim before paying any amounts owed to the government.

(o) to proceedings free from unreasonable delay and to a prompt and final conclusion of the case and any related postjudgment proceedings;

(p) to be informed of the conviction, sentence, adjudication, place and time of incarceration, or other disposition of the offender, including any scheduled release date,

actual release date, or escape;

(q) to be informed of clemency and expungement procedures; to provide information to the Governor, the court, any clemency board, or any other authority and to have that information considered before a decision is made; and to be notified of any decision before the release of the offender; and

(r) to be informed of the above rights and to be informed that the victim may seek the advice and assistance of an attorney with respect to the above rights. This information must be made available to the general public and provided to all crime victims on what is referred to as a Marsy's card.

(2) A victim, the victim's attorney, the victim's legal representative, or the prosecuting attorney at the request of the victim may assert and seek enforcement of the rights enumerated in this section and any other right afforded to the victim by law in any trial or appellate court or any other authority with jurisdiction over the case as a matter of right. The court or other authority shall act promptly on the request, affording a remedy by due course of law for the violation of any right. The reasons for any decision regarding disposition of a victim's right must be clearly stated on the record.

(3) This section may not be construed to deny or disparage other rights possessed by victims. This section applies to criminal and youth court proceedings, is self-executing, and requires no further action by the Legislature.

(4) As used in this section, the following definitions apply:

(a) "Crime" means an act defined as a felony, misdemeanor, or delinquency under state law.

(b) "Victim" means a person who suffers direct or threatened physical, psychological, or financial harm as a result of the commission or attempted commission of a crime.

(i) The term includes:

(A) a spouse, parent, grandparent, child, sibling, grandchild, or guardian of the victim;

(B) a person with a relationship to the victim that is substantially similar to a relationship described in subsection (4)(b)(i)(A); and

(C) a representative of a victim who is a minor or who is deceased, incompetent or incapacitated.

(ii) The term does not include the accused or a person who the court believes would not act in the best interests of a minor or of a victim who is deceased, incompetent or incapacitated.

(Published by Phillips County News 9/28/2016)

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