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Chairman
Creech called the meeting to order at 10:05 a.m. Trustees present:
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| Trustees
Present: |
Absent: |
William "Bart" Creech III, Chairman
Robert L. Abernathy, Vice Chairman
Judy Baker
James Ford
Neal Gibbons, Sr.
Robert Jackson
Ron Hooker
Don McNutt
Joyce Murphy
Gary O'Neal
Dan Schuette (Designee for Steve Mahfood) |
None |
| Staff
Present: |
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Carol
R. Eighmey, Executive Director
Tim Duggan, Assistant Attorney General
Terry M. Nichols, Administrative Assistant
Pat Vuchetich, General Claims Manager
Mike DePaemelaere, Operations Manager
David Pate, Claims Manager |
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Claim
Appeal - Claim 40195, Former Stuckey's #25
Chairman Creech directed the Trustees' attention to the summary and
background information in their notebooks. It was noted that the consultant
allegedly mailed the appeal in a timely fashion, but it was not received
within the specified timeframe. Mr. Creech noted the consultant is
requesting an additional $1,325 in costs for site characterization.
Approval
of Minutes
Bob Jackson moved that the minutes from the December 4, 2002 meeting
be approved. Ron Hooker seconded the motion, which carried.
Election
of Officers
Don McNutt nominated Bob Abernathy to be elected as chairman of the
Board of Trustees. Gary O'Neal seconded the motion, which was approved
by acclamation.
Neal
Gibbons nominated Judy Baker to serve as vice-chairman of the Board
of Trustees. Ron Hooker seconded the motion, which was approved by
acclamation.
Carol
Eighmey thanked Bart Creech for his service as chairman and complimented
him on his leadership and dedication.
Monthly
Reports
The monthly reports were reviewed.
Decision
on "Hold Claims"
Ms. Eighmey reviewed the history of Board actions to control funding
for remedial claims, noting new remedial claims received since January
2002 had been put on "hold." She reported 49 such claims had been
received during the previous twelve months, substantially fewer than
in previous years, and recommended the Board release funding for these
claims.
There
was discussion about the financial liability associated with these
claims, and about what would happen if the demand for cash exceeds
available funds.
Bart
Creech moved that the Board release funding for the 49 claims received
prior to January 1 which were "on hold," and Neal Gibbons seconded
the motion. Dan Schuette asked if the motion included plans to again
put new remedial claims on hold. After discussion, Messrs. Creech
and Gibbons withdrew their motion.
There
was further discussion about whether the Board should continue to
put new remedial claims on a waiting list, or simply fund them as
they are received. Bart Creech then moved that the Board release funding
for the 49 claims which were currently on hold, that new remedial
claims be placed on hold, and that the Board review the number of
claims on the waiting list and make a decision at each meeting whether
to fund them. Bob Jackson seconded the motion, which carried.
Report
on UMR MTBE Project
Carol Eighmey introduced Dr. Craig Adams from the University of Missouri-Rolla,
who had designed and managed a research project investigating the
effectiveness and costs associated with removing MTBE via various
drinking water treatment methodologies. She reminded the Trustees
that they had contributed funding for this project, along with DNR's
Drinking Water Program.
Dr.
Adams then distributed a report and reviewed the results of the research.
He noted that PSTIF's funding had allowed actual testing of groundwater
from five tank sites in Missouri where PSTIF is paying for cleanup,
and thanked the Board for their support. A copy of his report is on
file at the PSTIF office.
Legislative
Issues
Ms. Eighmey noted the legislature was in session and numerous bills
had been filed. She observed that the state's budget situation is
critical, but she did not have complete information on what appropriations
from PSTIF had been recommended by the Governor.
Dan Schuette
reported the Board's request for additional appropriation authority
to enable employment of a third staff member was included in the Governor's
recommended budget.
The Board
noted changes to the Sunshine Law have again been proposed.
Ms. Eighmey
summarized SB36, which requires a cost benefit study and risk analysis
for any new rules promulgated by DNR, its commissions or the PSTIF
Board of Trustees. She asked the Board for approval to work with Senator
Klindt and others to try and get the PSTIF Board of Trustees deleted
from the bill. Bob Jackson asked about DNR's position on the bill;
Dan Schuette responded that they have concerns about the time and
effort which would be required to conduct this type of analysis for
every proposed regulation. The Board's procedures for promulgation
of regulations was reviewed.
Bob Jackson
moved that the Executive Director be authorized to work with the bill's
sponsor and others to try and get PSTIF removed from the bill. Jim
Ford seconded the motion, which passed with Dan Schuette abstaining.
Administrative
Issues
Statistics from the Department of Agriculture's Division of Weights
and Measures were distributed.
Ms. Eighmey
noted the audit for FY01 and FY02 should have been completed, but
KPMG was late getting it underway.
She also
reported the actuarial study is underway and should be complete by
the next Board meeting.
It was
reported that the six PSTIF claims which are being used as pilot projects
to test the risk-based corrective action process are proceeding well.
There
were no questions about the monthly billings.
Visit
to Third Party Administrator's Office
Due to bad weather conditions and scheduling problems, the visit to
the TPA office was postponed.
Ms. Eighmey
introduced Laura Ortmeyer, OA Division of Purchasing, who will be
assisting the Board as it rebids its TPA services.
Bob Jackson
moved that the Board go into closed session to discuss and vote on
matters related to legal actions, causes of action, litigation and/or
personnel issues pursuant to Section 610.021, RSMo. Jim Ford seconded,
and the motion carried.
If
such action is approved a majority vote of a quorum of the Board,
the Board of Trustees of the Petroleum Storage Tank Insurance Fund
may go into closed session at this meeting to discuss legal, confidential
or privileged matters pursuant to Section 610.021, RSMo.
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