MINUTES
Petroleum Storage Tank Insurance Fund
Board of Trustees
Meeting

January 23, 2008

 
 

Chairman McNutt called the meeting to order.

 
Trustees Present: Absent:
Don McNutt, Chairman
John Albert

Tom Kolb
Ski Mariea

Tom Pfeiffer
Melvin Schebaum

Bruce Work
Jim Ford, Vice Chairman
Rich AuBuchon
Danny Opie

Dan Schuette
Staff Present:  
Bob Clarke, Operations Manager, Williams & Company Consulting, Inc
Tim Duggan, Attorney General's Office
Carol R. Eighmey, Executive Director
Pat Vuchetich, General Claims Manager, Williams & Company Consulting, Inc
Diane Wallace, Executive Assistant
Others Present:

Kathy Flippin, MDNR, Hazardous Waste Program, Compliance/Enforcement Section
Ken Koon, MDNR, Hazardous Waste Program, Tanks Section Chief

Approval of Minutes – November 28, 2007 Meeting
Tom Kolb moved that the minutes from the November 28, 2007 Board meeting be approved.  Ski Mariea seconded.  Motion carried.

Monthly Reports and Decision on Funding New Remedial Claims
Chairman McNutt invited Trustees to review the monthly reports.  Tom Pfeiffer moved that the Board release funding for five new remedial claims.  Tom Kolb seconded.  Motion carried.

Mid-Year Report - FR Enforcement
Chairman McNutt directed the Trustees’ attention to the information provided in their notebooks, including a memo from the Attorney General’s Office on the status of enforcement efforts on files referred by DNR.  Bruce Work expressed concern about the increase in the number of operating UST sites that do not have “FR.”  Carol Eighmey indicated she and Dan Schuette were conferring about this and would be meeting with the Attorney General’s Office on the issue.  Mr. Duggan briefly explained the Attorney General’s Office role and legal options, and indicated the attorney handling these cases, Don Willoh, would attend a future Board meeting to meet the Trustees and discuss enforcement efforts.

Legislative Report
Chairman McNutt noted that MPCA is moving forward with SB907 and referenced the summary in the Trustees’ notebooks.  He said that MPCA would like to see the Board support the bill, but since MPCA was still in discussion with DNR on some of the provisions in the bill, and Dan Schuette was not able to attend the Board meeting, he was not asking for any Board action on the bill.  Ms. Eighmey reported that Ron Leone had communicated with her in considerable detail about the bill, and she summarized the major provisions of the bill.  Mr. Albert spoke in favor of requiring regulated AST owners to demonstrate “financial responsibility,” as UST owners/operators have had to do for many years.

Ms. Eighmey then commented briefly on other bills of interest described in the Trustees’ notebooks, including the appropriations bills that authorize spending from the PSTIF.

Record Retention Schedule
Ms. Eighmey explained that the PSTIF, as a state agency, is allowed to store files in the State Archives, which is managed by the Missouri Secretary of State.  In order to do this, however, she said a record retention schedule for the Board’s various types of files must first be submitted to and approved by the State Records Commission.  Ms. Eighmey referenced the draft schedule in the Trustees’ notebooks and asked Trustees for comments on how long the Fund’s underwriting and claims files should be retained.

Some Trustees opined the records should be kept indefinitely.  Others asked whether the records can be scanned and stored digitally.  Ms. Eighmey noted that about ¼ of the documents being received by Williams & Company Consulting for insurance renewals are being submitted in electronic form, and that Williams has recently initiated some scanning and electronic document storage procedures for their claims staff; she noted Williams’ focus is on scanning and storing new documents, and commented that the Board’s 15 years of historical records also are creating a storage challenge.

Trustees suggested Ms. Eighmey undertake some research to determine what would be involved in scanning the PSTIF’s historical records, noting that costs to scan documents would be offset, to some degree, by the savings in storing paper records for many years.  She agreed to have further dialogue with Rich AuBuchon, Ski Mariea, and others to try and evaluate options and bring a recommendation to the Board.

Update - EPAct
Chairman McNutt invited questions on the EPAct update provided in the meeting notebooks.  John Albert noted 71 equipment companies have complied with the Division of Weights and Measures’ new FR requirement.

Administrative Issues
PACE Exposition – February 1-2, 2008 – Overland Park, KS – Chairman McNutt reminded Trustees they are welcome to attend the trade show.

National Tanks Conference – March 17-19, 2008 – Atlanta, GA – Tom Kolb moved to approve the Executive Director’s attendance at this conference.  Tom Pfeiffer seconded.  Motion carried.

Ethics Commission Reports – Chairman McNutt reminded Trustees that their financial disclosure reports are due May 1.

Billings – Chairman McNutt invited questions from the Trustees on the invoices listed; there were none.

Melvin Schebaum 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.  Ski Mariea seconded.  Motion carried.

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