HomeMy WebLinkAboutCouncil Workshop Minutes 04.15.2025MINUTES
CITY OF LAUREL
CITY COUNCIL WORKSHOP
TUESDAY, APRIL 15, 2025
A Council Workshop was held in Council Chambers and called to order by Mayor Dave Waggoner
at 6:30 p.m. on April 15, 2025.
COUNCIL MEMBERS PRESENT:
_x_ Tom Canape x_ Heidi Sparks
Michelle Mize x Jessica Banks
_x_ Casey Wheeler _x_ Iry Wilke
Richard Klose _x Jodi Mackay
OTHERS PRESENT:
Brittney Harakal, Administrative Assistant
Public Input:
There were none.
General Items
Executive Review
1. Police: Resolution - A Resolution Of The City Council Authorizing The Mayor To
Execute The Agreement Between The City Of Laurel And The Yellowstone Valley
Animal Shelter For The Provision Of Animal Shelter Services.
This resolution is the annual contract between the City and YVAS.
It was questioned if this contract includes chickens or cats. It was clarified that Staff would get
clarification on that before next week's meeting.
It was questioned if the dates are correct in the document. It was clarified that the dates are
correct. A new contract will come before Council for next year.
2. Public Works: Resolution - A Resolution Of The City Council Authorizing The
Execution Of The Legal Services Agreement Related To The AFFF Product Liability
Litigation. (https://www.cl6angroundwater.com/settlement)
See attached handouts.
Council Issues
Other Items
Tom Burrell's funeral will be next Wednesday at 11:00 a.m. at Our Savior's Lutheran.
Attendance at Upcoming Council Meeting
All Council Members in attendance will be at next week's meeting.
Announcements
April is a five -Tuesday month. No Council meeting on April 291n
The next Cemetery Commission meeting is scheduled for April 291n at 5:00 p.m. in Council
Chambers.
The next Public Works Committee meeting is scheduled for Monday at 6:00 p.m. in Council
Chambers.
The council workshop adjourned at 6:41 p.m.
Respectfully s tted,
pv k/
Brittney 444
Administrative Assistant
NOTE: This meeting is open to the public. This meeting is for information and discussion of the Council for
the listed workshop agenda items.
Brittney Harakal
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From:
Civil Attorney
Seat:
Tuesday, April 15, 2025 4:57 PM
To:
City Council
Cc:
Matt Wheeler; Kurt Markegard; Brittney Harakal; Kelly Strecker; City Mayor
Subject:
CC Agenda Item: PFAS Litigation
CC Members:
I will not be present at this evening's CC Meeting, but I wanted to send over information on the PFAS litigation, which is
on your Agenda for Workshop tonight. I have been in communications with the law firm involved with this litigation (as
well as Local Counsel), and I attended a Zoom information session last week where a number of City Attorneys were
present with Legal Counsel to discus the litigation, ask questions, etc.
The PFAS litigation is class action litigation that was filed and settled the past several years. It is related to possible
contamination of public water sources due to PFAS, which is a contaminant that was found in fire retardant utilized by
municipal fire departments. As a City, Laurel is a possible recipient of funds from the settlement. The range could be
large, and it is based upon a number of factors (including size of water consumption, possible PFAS detection in native
water sources, number of municipal users). The law firm that is handling this settlement is very experienced in PFAS
litigation issues, and if retained, they will front all of the costs for the testing needed on our water sources. In addition,
they will work directly with Matt, as our Public Works Director, to obtain the information that they need to submit the
settlement request.
I have confidence that we should join this litigation, as we are likely entitled to what may be a substantial
settlement. There is no "downside" for us in doing so, and there is the potential for monies that we are entitled to as a
City. So, it is my recommendation that we enter into this Legal Services Agreement and work with the law firm involved
to see what settlement funds we may be entitled to.
If you have any questions, after consideration of this issue, please don't hesitate to reach out and let me know. Thanks,
and have a great week!
Best Regards,
UI(it Li L- �^
Michele L: Braukmann
Civil City Attorney
City of Laurel
Cell Phone: 406.671.3963
civilattorney(@laurel.mt.gov
CONFIDENTIALITY NOTICE: This transmission may contain information which is privileged, confidential, and protected by
the attorney -client or attorney work product privileges. If you are not the addressee, or you are not authorized to disclose
the contents herein, please note that any disclosure, copying, distribution, or use of the contents of this message is
prohibited. If you have received this transmission in error, please destroy it and notify me immediately.
PFAS IN
MONTANA
WATER SUPPLIES
How Your Community Can,
Take Action for Help
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HISTORY OF
Invented by 3M in the 1950s, per- and poly-fluoroalkyl substances (PFAS) are
synthetic chemicals used in various products.''
They were a new class of chemicals at the time, and little was understood about their
effect on humans and the environment. While multiple products have contained PFAS in
the past, especially problematic is the Aqueous Firefighting Foam (AFFF), which contains
a high level of PFAS. AFFF was created in 1969 and has been used extensively by military
bases, airports, industrial locations, and firefighters to combat fires.
Over time, this has resulted in massive groundwater contamination of water supplies
which serve local communities.
In 2018, the EPA issued health guidelines stating that up to 70 parts per
trillion of PFAS found in drinking water "did not have adverse health effects."
However, in June 2022, the EPA replaced these guidelines and stated that some negative
health effects might occur with concentrations at "near zero" or undetectable levels.
The EPA is set to release its final regulations for PFAS this year.
In December 2018, the United States Panel on Multidistrict Litigation consolidated all
PFAS claims relating to AFFF contamination in a central Federal Court in South Carolina.
IIu Stag buzza www.cleangrounclwater.com (888) 513-7545
PFAS CAUSE CANCER AND
OTHER HEALTH EFFECTS LIKE:
Kidney Cancer
Thyroid Conditions
0 Liver Cancer
Developmental effects
affecting the ura'uo:n child
Delayed mammary gland development
Reduced response to vaccines
Lower birth
• High Blood Pressure
* Pregnancy Complications
® Decrease in Vaccine Response
Thyroid disease�
Increased cholesterol levels
Breast cancer
Liver damage --pp
Kidney cancer
Obesity ----------------- -
Early puberty onset-
c, Inflammatory bowel disease —
(ulcerative colitis)
Increased miscarriage risk
(i.e. pregnancy loss)
esncu ar cancer
Low sperm count and mobility
Increased time to pregnancy
Pregnancy induced
hypertensiontpre-eclarrrpsia
(increased blood pressure)
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II • Stag Liuzza • www.cleangroundwater.com • (888) 513-7545
In December 2018, a central Federal Court was established to oversee claims against various
responsible chemical companies for PFAS contamination of state water supplies from AFFF.
Since then, numerous local governments have filed suit seeking compensation and
funding to remediate their water supplies from PFAS contamination (please see the
following page for a detailed timeline).
This national suit focuses on PFAS contamination caused by firefighting foam (AFFF),
which was extensively used nationwide. In September 2022, the Judge overseeing the
cases denied the chemical manufacturers' motion to dismiss the claims. They cited Ws
delay in disclosing critical information to the government:
The record before the Court contains material factual disputes concerning
whether 3M's delay for decades in disclosing its internal studies on the
health and environmental effects of PFOS and related compounds retarded
the government's knowledge and understanding of the danger PFOS posed
to human health and the environment and resulted in a significant delay in
the government discontinuance of the use of Ws AFFF.
One month later, in October 2022, the Judge appointed a professional national mediator
to discuss possible claims resolution with the parties.
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, Stag Liuzza www.cleangroundwater.com (888) 513-7545
PFAS NATIONAL
SUIT TIMELINE
1950's
PFAS Chemical
Created by 3M
1969
3M Creates AFFF
using PFAS
2009
EPA Issues a Provisional
Health Advisory for PFAS
2016
EPA Issues Lifetime Health
Advisory of 70 ppt PFAS
2018
PFAS/AFFF Claims Placed
Into Single National Court
September 2022
Judge Overseeing
Consolidated Claims
Rejects Chemical
Defendants' Motion to
Dismiss Claims
June 2023
First Trial Scheduled in
National Suit
June 2022
2016
Military Issues New Standards for
Handling and Disposal of AFFF
EPA Issues an Updated Drinking
Water Health Advisory stating
,some negative health effects
may occur at 'near zero' level
concentrations of PFAS
October 2022
Judge Overseeing
National Claims Assigns
National Mediator
!�E) I 1
9 Stag Liuzza a www.cleangroundwater.com a (888) 513-7545
CURRENT PFAS ISSUES:
MONTANA
In Montana, potential sources of PFAS contamination include industrial facilities, wastewater
treatment plants, and airports. The Department of Environmental Quality (DEQ) conducted
sampling at both high and low -risk sites in cities like Billings, Bozeman, Great Falls, and Helena.
Notably, the site near Malmstrom Air Force Base in Great Falls exhibited PFAS levels surpassing
184 times the screening limit, while the site in Billings, located near the airport, was almost four
times the threshold, though its exact contamination source still requires further investigation.
Kalispell
Missoula
Havre
Great Falls
®0
MONTANA
Helena
CD
Butte
Billings
Bozeman
Beaverhead-
Deerlodge
National Forest
Map source: Environmental Working Group
Identified contaminated
water system
Identified contaminated
military water system 41
Other known sites j
n
PFAS Have Been Detected Across the State's
Drinking Water Supplies
Aqueous Firefighting Foam (AFFF),-which contains a high level of PFAS, has been used
extensively by military bases, airports, industrial locations, and firefighters to combat fires.
I( Stag Liuzza www.cleangroundwater.com (888) 513-7545
NATIONAL SUIT ADDRESSING PFAS
[,`ZEMEDEATEO
DAAAAC-,',,,.,1ES,.`,, SITS,
ASIDE FUNDS FOR STATE AND
LOCAL GOVERNMENTS
A water system that adequately protects against harmful PFAS costs municipalities at least $5
million. Without signing up for the MDL, your municipality could be putting the bill on your taxpayers.
Stag Liuzza is working with towns and cities across the country to put the cost of a new water
treatment plant on the companies that polluted it. Join us.
By filing a claim in this national wait, a state or local water supplier can seek damages for
remediation of any PFAS contamination in their water supply. Such remediation will be
especially critical if the United States EPA issues a zero -level regulation this year. Such a
regulation would be consistent with the EPA's 2022 statement that adverse health risks can be
experienced at near -zero levels of PFAS.
$12 BILLION IN WATER CONTAMINATION SETTLEMENTS
3M agrees to $10.3 billion settlement, Dupont agrees to $1.19 billion over water
contamination.
The companies will distribute the settlement funds to cities, counties, and other entities
nationwide. These funds are earmarked for testing and remediation efforts to address the
contamination of PFAS in public water systems.
Filing a claim in this nationwide lawsuit allows state or local water suppliers to seek
damages for remediation of PFAS contamination in their water supply. This will be
particularly vital if the U.S. EPA enacts a zero -level regulation this year, aligning with its
2022 declaration that near -zero levels of PFAS can pose adverse health risks.
In this intricate landscape, being proactive and well-informed is the key for municipalities
to safeguard their interests and ensure the well-being of their residents.
�` I I Stag Liuzza ; www.cleangroundwater.com (888) 513-7545
NATIONAL SUIT ADDRESSING PFAS
REMEDIA."FE014
DAMAGES
SETS
ASIDE FUNDS FOR STATE AND
LOCAL GOVERNMENTS
Understanding Phase 1 and Phase 2 Eligibility in the PFAS Settlement
The Court has already identified thousands of water systems nationwide as 'Phase One'
eligible entities. These systems face an imminent deadline to gather essential data, finalize
claim documentation, and officially submit their claim. Phase One claimants could receive
funding as early as July 2024.
On the other hand, 'Phase Two' entities have a later timeline. They are required to perform
tests on their systems and submit their claims by a later, undetermined date. Notably, even
though their submission timeline differs, their compensation will be calculated based on a
formula similar to that of the Phase One entities. This ensures equity in the settlement process
for all affected entities.
(`I
• Stag Liuzza a www.cleangroundwater.com (888) 513-7545
PHASED FILING FOR PFAS
REMEDIATION FUNDING
PHASED FILING FOR MUNICIPALITIES: Navigating the PFAS Settlement
The recent $10.3 billion settlement with 3M over PFAS contamination has introduced a phased
approach for municipalities seeking compensation for remediation efforts. Here's a guide to
understanding and navigating the phases:
The window to file for Phase 1 is rapidly narrowing. Municipalities that miss this initial phase risk
delaying their access to critical PFAS remediation funds by up to 4 years. Beyond financial
implications, this delay could significantly affect the health and well-being of local communities.
To be eligible for Phase 1, municipalities must file by the designated deadline in April.
The opportunity to file within Phase One is running out. Neglecting to act promptly could lead to
a significant setback, potentially deferring your municipality's acquisition of essential PFAS
remediation funds by a staggering 4-5 years.
MAPPING OUT PHASE 1 SUBMISSION
For municipalities aiming to be recognized within Phase 1, action by this forthcoming April is
non-negotiable. The path to filing, though layered, stands as a bulwark to secure your
community's health and future. Here's a distilled guide to your next steps:
At the heart of the PFAS settlement is the need for proactive, informed decision -making. The
path ahead is complex, but with the right guidance, your municipality can navigate this
journey effectively, ensuring a safer, �, Palthier future for its residents. r
THE POWER OF FILING NOW
By actively participating in this nationwide lawsuit, state or local water providers stand to seek
redress for any PFAS-related impurities afflicting their water sources. Taking such a step
becomes even more pivotal as whispers grow louder about the U.S. EPA potentially introducing
a stringent, zero -tolerance PFAS regulation this year. Such a directive would align seamlessly
with the EPA's 2022 proclamation acknowledging the health hazards even at near -zero PFAS
concentrations.
1!�3 I I • Stag Liuzza • www.cleangroundwater.com • (888) 513-7545
CRITERIA FOR PHASE 1 ELIGIBILITY
IN THE
PFAS
1fAVffi:F`ER
PIEZ101t,"I
DER
SETTLEMENT.,0
Establishing eligibility for this phase is crucial, as it sets the pace for subsequent steps in the
legal redress process. If you're a municipality or water system aiming to secure essential
funding for PFAS remediation, understanding the eligibility criteria for Phase One is the first
step. Here's what you need to qualify:
01. ACTIVE PUBLIC WATER SYSTEM STATUS:
The entity must be an operational Public Water System within the United States.
02. PRESENCE OF IMPACTED WATER SYSTEM:
The entity should have one or more Impacted Water Systems as of the designated
settlement date.
03. MANDATORY PFAS TESTING:
The water provider must conduct PFAS testing on all of its water sources.
04. SUBMISSION OF DETAILED TEST RESULTS:
The water system is required to procure all analytical results from the testing laboratory,
including the precise numeric values. These detailed. PFAS test results must be preser}
to the Claims Administrator either by the water provider or the testing laboratory.
05. TIMELY SUBMISSION:
The test results and other required documentation must be submitted by the dates
specified by the settlement. Timeliness is crucial for Phase 1 eligibility, with an estimated
filing of April 2024.
II ® Stag Liuzza 9 www.cleangroundwater.com 9 (888) 513-7545
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KEY STEPS TO FILE FOR P1,4ASE
NOWM
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01. Identify Qualified Counsel to Retain
02. Pass Resolution to Retain Counsel
03. Obtain Flow Rate Data, Testing Data and
Other Documents Necessary for Claim in
Settlement
L
04. Review and Complete Detailed Claim Forms
with Counsel and Counsel's Experts to
Determine Claim Value
05. Consider if 'Opt Out' is the Best Course of Action
for Municipality/City
DECEMBER 14, 2023 FOR
DUPONT AND FEBRUARY 2, h
Fairness Hearing in Federal Court to
2024 FOR 3M
Approve Settlement
60 DAYS AFTER JUDGE
APPROVES SETTLEMENT
(ESTIMATED APRIL 2024) Deadline to File Claim for Settlement
W
Initial Funding into Settlement Fund
for Phase One Payments
• Stag Liuzza • www.cleangroundwater.com • (888) 513-7545
DETECTING PFAS IN YOUR WATER
SOURCE t°
Accurate determination of the presence of PFAS in public drinking water supplies can only be
done using accepted industry standard methods of testing.
Liquid Chromatography with tandem mass spectrometry (LC-MS/MS) is the accepted industry
standard method for detecting PFAS in a water supply, as established by the EPA .
Failing to use industry standard testing methods makes it impossible to produce reliable
results upon which to make important decisions about the safety of your town's drinking water
supply or potential remediation measures.
It's imperative to create a dialogue with the testing facility and understand the testing protocol
and the equipment used.
UNDERSTANDING TEST RESULTS,
Not all tests are created equal, and many municipalities who have tested for PFAS are unaware
of the testing method used.
Moreover, municipal decision -makers may be intimated by the potential cost of finding PFAS in
their water public water systems.
1. https://www.epa.gov/water-research/pfas-analytical-methods-development-and-sampling-research, 2023
Stag Liuzza www.cleangroundwater.com (888) 513-7545
ABOUT THE PUBLIC WATER SYSTEMS AFFF/
PFAS SETTLEMENT
Michael Stag has been appointed to leadership for the AFFF litigation. Stag Liuzza is currently
representing thousands of clients in the litigation and is helping municipalities file the
necessary claims to receive compensation to remediate water systems.
WHAT ARE PFAS AND WHY IS THERE A PROPOSED
NATIONAL SETTLEMENT?
Since 2019, a nationwide lawsuit has been ongoing in South Carolina Federal Court concerning
PFAS water contamination. PFAS are known as 'forever chemicals' because they resist
degradation in the natural environment. One of several defendants agreed to a settlement
fund of at least $10.5 billion to pay public water systems (PWS) who qualify.
WHO IS PAYING THE SETTLEMENT?
Currently, 3M has agreed to contribute at least $10.5 billion and up to $12.5 billion to the
settlement fund to be made available to 'eligible' PWS. The Dupont -related companies agreed
to contribute an additional $1.185 billion to fund a water district settlement fund. It is possible
more than 20 other companies could add additional amounts into the fund at later dates as the
case is continuing against these chemical manufacturers and distributors. The proposed
settlement will now be submitted to the court for approval, with payments starting as early as
2024. After the Court approves the settlement, there is a 60-day deadline to submit claims.
11
Stag Liuzza www.cleangroundwater.com (888) 513-7545
CAN OUR WATER SYSTEM QUALIFY FOR A SETTLEMENT
PAYMENT?
Public Water Systems servicing at least 3,300 people may qualify. If your system has any
detectable level of several PFAS chemicals in it, your system should qualify for a payment.
SHOULD WE REALLY TEST FOR THIS CHL°IMCA11
Yes. The EPA has proposed an MCL of 4 parts per trillion (ppt) for PFAS in its current PFAS
regulation. If this regulation is enforced as anticipated starting in 2024, your PWS will be legally
required to test and show less than 4 ppt in your system. Testing ahead of any such regulation
makes sense so you can obtain compensation in the settlement to remediate the system if
necessary.
HOW MUCH MAY WE RECEIVE IN SETTLEMENT:
A Court Appointed Settlement Administrator will consider many factors to allocate funds,
including:
4 Concentration of PFAS
Adjusted flow rates with averaging for three highest rates in a 10-year period
The goal is to calculate a 'Capital Costs Component' and an 'Operations and Maintenance Costs
Component' for each settlement award. From there, your award may also qualify for
a 4x multiplier if your PFAS test result reaches a certain level. Individual awards could be
substantial, totaling millions of dollars for highly contaminated water systems.
• Stag Liuzza o www.cleangroundwater.com 0 (888) 513-75.45
Ma�
EXECUTIVE COMMITTEE FOR NATIONAL PFAS L I T I G A T I O N
MEET EXECUTIVE
MEMBER, MIKE STA..,
Among a select group, Mike Stag is one of the attorneys in this nationwide case chosen by
Judge Gergel for the Executive Committee overseeing the National PFAS litigation.
Mike and his firm, Stag Liuzza, have fiercely advocated for cities and municipalities, notably in
the recent national opioid cases. Currently, he's championing the cause for numerous cities
and municipalities from multiple states in the PFAS national settlement.
Stag Liuzza is deeply rooted in plaintiff -focused environmental and complex litigation. Beyond
environmental pursuits, Stag Liuzza has expanded its expertise to maritime law, personal
injury, toxic torts, mineral royalties, and litigation surrounding defective pharmaceuticals and
medical devices.
With over 30 years in environmental law, the firm has
consistently advocated for cities and municipalities.
0
II Stag Liuzza t, www.cleangroundwater.com (888) 513-7545
WHY STAG LIUZ7A?
Stag Liuzza is a top national environmental law firm with decades of experience protecting the
rights of communities against harmful toxins.
01. A LEADERSHIP ROLE IN THE PFAS NATIONAL CLAIMS.
Stag Liuzza has been appointed to the leadership committee for the national suit
governing PFAS from AFFF.
02. EXPERTISE AND EXPERIENCE
Stag Liuzza has personally handled numerous water contamination cases and specializes
in this niche area of law
03. MULTIPLE CLAIMANTS/MULTI-DISTRICT LITIGATION
EXPERIENCE
Stag Liuzza has handled cases on behalf of large communities and governmental bodies.
They understand what it means to represent large significant parties in national suits.
04. EXPERIENCE REPRESENTING GOVERNMENTAL ENTITIES
Representing a state or local entity differs from representing individuals and corporate
clients. Stag Liuzza has represented governmental entities for years and understands the
unique concerns and requirements of doing so.
-s�
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BIG CHEM
TAKES US SERIOUSLY
Stag Muzza is working with towns and cities across the country to put the cost of a new water
treatment plan on the companies that polluted it.
JOIN US (888) 513-7545
....
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