| Chairman McNutt called the meeting to order.
| Don McNutt, Chairman
James Ford, Vice Chairman
| John Albert
|Carol R. Eighmey, Executive Director
Diane Wallace, Executive Assistant
Tim Duggan, Assistant Attorney General
Bob Clarke, Operations Manager, Williams & Company Consulting, Inc
Dan Henry, Claims Coordinator Supervisor, Williams & Company Consulting, Inc
Pat Vuchetich, General Claims Manager, Williams & Company Consulting, Inc
Ken Koon, MDNR, Tanks Section Chief
Norb Plassmeyer, Gallagher Consultants
Approval of Minutes– November 29, 2006 Meeting
Bruce Work moved that the minutes from the November 29, 2006 Board meeting be approved. Tom Kolb seconded. Motion carried.
Claim Appeal - Musselman & Hall, Claim 50575
Tom Kolb moved that the Fund pay an additional $1,500 to settle this appeal. Jim Ford seconded. After discussion, the motion carried.
Approval of FY06 Audit Report
Tom Kolb moved to approve the final FY06 PSTIF Audit Report presented to the Board at its November 29, 2006 meeting. Bruce Work seconded. Motion carried.
Monthly Reports and Decision on Funding New Remedial Claims
Chairman McNutt invited the Trustees to review the monthly reports.
(Richard AuBuchon, newly appointed Trustee representing the Office of Administration, arrived at Board meeting and was introduced.)
Dan Schuette moved that the Board release funding for two new remedial claims. Tom Kolb seconded. Motion carried.
Report - ERP Offers
Pat Vuchetich gave a brief report on the implementation of the Extended Reporting Period option, reviewing the information provided in Trustees' notebooks. Discussion followed; trustees encouraged staff to initiate communications with owners whose five-year Extended Reporting Period is nearing its end, so they understand clearly what that means.
Trustees also expressed concern that a former owner may be held liable by the DNR if a later owner fails to maintain the UST system in compliance with DNR rules, or fails to do a proper tank removal and/or cleanup.
Update on RBCA
Carol Eighmey said none of the special funding authorized by the Board at its previous meeting had been used yet and that PSTIF staff were in dialogue with DNR's Tanks Section about how best to utilize the funds. She promised reports will be provided at future meetings as progress is made.
Update on Implementation of EPAct
Chairman McNutt directed Trustees' attention to the chart in their notebooks that summarizes Missouri's implementation efforts. He noted a recent Internet Seminar had been presented by the PSTIF, DNR, and Department of Agriculture to inform equipment companies about the new FR requirement.
Ken Koon commented that a number of states are still deciding whether to implement the FR option or require new and replaced UST systems to be double-walled; he said since EPA recently issued final guidance on the FR option, he believes some other states will choose that path. Dan Schuette reported that the Department's proposal to enact a “Delivery Prohibition” law in Missouri will be reviewed with interested parties; he noted EPA will likely not withhold funding as long as a state can show they are making progress toward implementing the various provisions of the EPAct. Mr. Koon confirmed that Congress has corrected the inconsistency in federal law so states will be able to use their federal funding on prevention of leaks and other aspects of the EPAct, but this change will not become effective until the FY08 federal grant cycle.
Chairman McNutt asked Ms. Eighmey to explain SB222. She said the bill, filed by Senator Gross, would establish a “trigger” so that in any given fiscal year if general revenues are not up by 2% over the previous year, then half of all transport load fees and participation fees would be deposited by the State Treasurer into Missouri's General Revenue Fund instead of into the PSTIF. She observed that SB222 is very similar to a bill filed last year that never was reported out of committee. Tom Kolb moved that the Board formally oppose SB222. Bruce Work seconded. Motion carried.
National Tanks Conference – March 5-7, 2007 – San Antonio, TX – Tom Kolb moved to approve the Executive Director's attendance at this conference. Jim Ford seconded. Motion carried.
PACE Exposition – February 16-17, 2007 – Overland Park, KS – Chairman McNutt reminded the Trustees of the trade show information provided in their notebooks.
Ethics Commission Reports – Chairman McNutt reminded Trustees that their financial disclosure reports are due May 1.
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. Tom Kolb seconded. Motion carried.