| Chairman McNutt called the meeting to order.
|
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| Trustees Present: |
Absent: |
Don McNutt, Chairman
James Ford, Vice Chairman
John Albert
Henry Herschel
Tom Kolb
Tom Pfeiffer
Melvin Schebaum
Dan Schuette
|
Gary O'Neal
Danny Opie
Bruce Work |
| Staff Present: |
|
Carol R. Eighmey, Executive Director
Diane Wallace, Executive Assistant
Tim Duggan, Assistant Attorney General
Dan Henry, Technical Review Team Leader
Pat Horan, Division Manager
Pat Vuchetich, General Claims Manager
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Approval of Minutes– December 7, 2005 Meeting
Jim Ford moved that the minutes from the December 7, 2005 Board meeting be approved as written. Henry Herschel seconded. Motion carried.
Monthly Reports
and Decision on “Hold Claims”
Chairman McNutt invited the Trustees to review the monthly reports. Ms. Eighmey noted that transport load fee revenue was down in December due to a credit claimed by ConocoPhillips for overpayment of fees several years ago in 2003. Tom Pfeiffer moved that the Board release funding for one new remedial claim. Tom Kolb seconded. Motion carried.
Investment of PSTIF Monies
Chairman McNutt introduced Mark Mathers, Director of Investments, Missouri State Treasurer's Office, who gave an overview of how the State Treasurer manages the Fund's money.
Action on FY07 DNR Work Plan and Budget Request
Chairman McNutt thanked Jim Ford, Tom Pfeiffer, and Tom Kolb for serving as the Budget Subcommittee to review the Department's FY07 budget request. Tom Pfeiffer presented the Committee's recommendation, which is attached hereto, and moved that the Board approve it. Jim Ford seconded the motion.
Discussion followed. Dan Schuette asked for further explanation of the Committee's comments about EER, noting that the Department is already using the cost recovery multiplier when it bills non-PSTIF-insured parties for petroleum incidents; Carol Eighmey noted that other DNR staff have told her the cost recovery multiplier is not being used, and the Budget Subcommittee wants to be sure it is. In regard to the other item, Tom Pfeiffer explained that the Committee wants the Department to change its accounting procedures so that money recovered for petroleum incidents is made available for future petroleum-related incidents. After discussion, Chairman McNutt called for a roll call vote. Voting in favor were: John Albert, Jim Ford, Henry Herschel, Tom Kolb, Don McNutt, Tom Pfeiffer, and Melvin Schebaum. Dan Schuette voted against. Motion carried.
Legislative Report
Chairman McNutt drew Trustees' attention to the legislative report in their notebooks; he reminded Trustees that some of the legislative issues had arisen as a result of Congress' passage of new federal UST legislation. He suggested that the Board postpone action on Items B and C, and asked if Trustees had comments on Item A related to two choices for groundwater protection: either requiring all new underground tanks and piping within 1000 feet of a community water system to be double-walled, or requiring all manufacturers and installers of UST systems to have pollution liability insurance. There was discussion about supporting a bill to enact the latter requirement; it was noted that the federal law requires implementation of one of the two options by February 8, 2007, or the DNR may lose federal funding for its UST program. Dan Schuette said he thought there was a possibility the deadlines in the federal law would be extended. Jim Ford asked if the Missouri Petroleum Marketers and Convenience Store Association needed an indication of support from the PSTIF Board of Trustees in order to lobby for a bill to enact the “financial responsibility for manufacturers and installers” requirement; Ms. Eighmey responded that the Association's Board of Directors would determine what its legislative positions and priorities are. The Trustees decided to take no action on the proposal at the present time.
There was then discussion about SB917, which would sweep all special state funds into general revenue; Ms. Eighmey noted it would obviously have a dramatic impact on the Trust Fund. She noted that similar bills have been filed in previous years, and asked if the Board wished to formally oppose this bill. Tom Kolb moved that the Board oppose SB917. Jim Ford seconded. Motion carried. Ms. Eighmey commented she would present the Board's position at the Committee hearing on the bill.
Dan Schuette asked why the bills related to ethanol mandates would be of interest to the PSTIF. Ms. Eighmey noted that when a tank owner changes products stored in his tanks, there can be issues with his equipment that can affect insurance renewals; she also reported there are some concerns about some of the equipment currently in use not being compatible with ethanol. Tom Kolb mentioned potential concerns about flex connectors. John Albert commented that the use of ethanol initially requires more frequent filter changes, and that without diligent maintenance, there can be an increased risk of leaks inside the dispensers.
Report on UST Releases
Ms. Eighmey briefly summarized this report. She commented that the majority of UST owners/operators in Missouri are doing an outstanding job monitoring their tank systems for leaks and addressing problems as they arise. Melvin Schebaum asked if similar statistics are available for aboveground tanks, (ASTs); Ms. Eighmey said a similar report would be prepared for ASTs for the next Board meeting.
Status Report - FY06 Inspections
Chairman McNutt referred trustees to the report in the notebook and asked Board members if they had any questions regarding the inspections being conducted by Rounds & Associates in FY06.
Administrative Issues
Annual Contract Renewal for Williams & Company Consulting, Inc. – Jim Ford moved that the Board approve renewal of the contract for the period January 1, 2006 through December 31, 2006. Tom Pfeiffer seconded. Motion carried.
Out-of-State Travel for Executive Director – John Albert moved to approve out-of-state travel for the Executive Director to attend the 18th Annual National Tanks Conference in Memphis, Tennessee, from March 19-22, 2006. Dan Schuette seconded. Motion carried.
Next Board Meeting – Chairman McNutt announced that the next Board of Trustees Meeting would be held at the University Club on the University of Missouri-Columbia campus on March 29, 2006.
Billings – Chairman McNutt called the Trustees' attention to the recent bills in their notebooks.
Jim Ford 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. Melvin Schebaum seconded. Motion carried.
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