Board won't pay legal fees

SEELEY LAKE – The Seeley Lake Sewer District Board discussed a variety of items at their Sept. 16 meeting including paying plaintiff’s legal fees for failed lawsuits against the District, funding for a high school water testing program and dissolving the District.

Board President Tom Morris received a letter from Don Larson asking for “help from the community” to pay legal bills related to a pair of lawsuits Larson filed to fight the proposed community sewer. In the letter, Larson states that he has already paid $84,000 and has been billed for $42,000 more.

Morris recused himself from the Board’s discussion since he was involved in the lawsuits.

Vice President Pat Goodover said that both lawsuits were dismissed and that each side was to pay their own costs. The judge in the first case denied a motion by the District to force Larson to pay for its defense cost of more than $300,000. The District’s cost to defend itself from Larson’s suit was covered by insurance.

Goodover noted that Larson has made this request of the District in the past and that they had denied his request.

Director Cheri Thompson said she didn’t feel that Larson has presented a good argument as to why the District should help. Just because it was a lot of money wasn’t a good reason.

“I have not heard of a losing party coming to the winning party, if you will call it that, and say ‘Can you pay my bill?’” said Goodover.

Goodover, Thompson and Director Jason Gilpin voted to reject Larson’s request.

The Board discussed future funding for the high school’s student water monitoring program on Morrell Creek. The District originally signed an agreement in 2015 with Missoula County Public Schools to fund up to $2,000 a year. The Board extended the agreement perpetually in 2016.

In June of 2021 the Board received invoices from the water testing dating back to 2019 totaling nearly $2,200 for the program. The amount was not accounted for in the budget.

Seeley-Swan High School Science Teacher Gretchen Watkins said there is plenty of interest from the students to continue the testing program.

Joann Wallenburn, who was with Clearwater Resource Council when the high school testing program was set up, explained that the water testing the District has been funding is a part of a larger stream-monitoring project. She said the students also track conductivity, turbidity and flow.

Being that it was not in the budget and the Board plans to discuss amending the budget at the next meeting, the board tabled the decision.

In other business the Board took comment on dissolving the District.

“I think we have a definite need to find a solution to the situation regarding both nitrate and non-nitrate pollution. Dissolving the Board does nothing towards moving forward,” said Goodover.

No motions or other comments were made and the Board moved on with the agenda.

The Board’s next meeting is scheduled for 6 p.m. Thursday, Oct. 21. The agenda and information on how to participate will be posted on the District’s website seeleysewer.org