Commissioners Discuss Future of Inter-Local Agreement

MISSOULA - With the recent election of three new directors to the Seeley Lake Sewer District Board, Missoula County’s Chief Public Works Officer Greg Robertson suggested the county commissioners consider terminating the inter-local agreement between the county and the district at a county administrative public meeting May 10.

The inter-local agreement has been in place for about seven years and provides county resources to the sewer district. Through the agreement, Robertson has been the contracted District Manager. He worked to secure funding and meet startup conditions of the funding for constructing a wastewater treatment plant and Phase 1 of the sewer’s collection system.

The election pitted three challengers against three incumbents. The three challengers easily won the election. With a five-member board the three new directors can constitute a quorum and could pull the plug on the sewer project.

“Based on years of rhetoric that I’ve heard from at least two of the three if not the third, this project is not going to move forward,” said Robertson. “It’s probably time to shut all engines down. One of the things that I have to do in that is our inter-local requires 30 days advance notice of terminate and I’d like the authority to go ahead and at least provide that notice.”

As District Manager, Robertson would also need to inform all the funding agencies so they can make the funding available to other projects. Rural Development (RD), the primary funder, already wants a status of the project after the election.

“I wonder though, is it premature [to terminate the inter-local] without the new board having taken any official actions?” questioned Commissioner Dave Strohmaier.

Commissioner Jean Curtiss questioned if the board hasn’t already commited to going down this road.

Robertson said he has had several of the current board members reach out to him and ask about what options they have to ensure the project continue. The three newly elected directors can simply undo anything the current board can do at this point.

Strohmaier reiterated that he felt it was premature to take a position on the inter-local being that the new directors have not even been seated yet.

“I have not seen anything in any of the rhetoric that I have heard that would be even encouraging to proceeding forward,” said Robertson.

Neither the commissioners nor Robertson have reached out to any of the newly elected sewer district directors since the election but Robertson was quick to point out that the new directors haven’t reached out to him either.

“I think if we were to preemptively take steps to nullify the inter-local agreement, that would put us in the position of looking as if we are controlling the destiny of the project which I think all along we have not wanted to,” said Strohmaier.

Commissioner Cola Rowley pointed out that this was just a discussion item. If they wanted to take action it would need to be put on a future agenda as an action item.

Robertson agreed with Rowley and said his intention was just to bring the discussion to the commissioners to inform them of what might be coming. He said he needed to have an exit strategy for anyone that might ask including the board members whether the board decides to terminate next week or in a month.

Strohmaier said that it is not unprecedented for candidates to campaign one way and then end up voting a different way. Rowley agreed, adding that when people get into office they realize what is actually happening.

Robertson said that the new directors won’t be seated until the district’s June meeting and that the current sewer board has been already discussing taking action to terminate the agreement at the district’s May 17 meeting.

The Pathfinder questioned how long the new board could continue with the current proposed project before crossing the line of being committed. Rowley added the question of how much money the district could spend and if the money would have to be paid back.

Robertson said that the funding from RD was set up to require all other funds be spent first. The loan from RD would be spent next and then the grants from RD. All the other funds were grants and those funding agencies would not require to be repaid. Robertson said he thought the district would be into the loan portion of RD’s funding before the project even gets to the bid process. The project is currently scheduled to be able to accept bids in October or November of this year.

The commissioners took no action. Any future action the commissioners may consider would appear on their agenda as an “action item.”