Chairman McNutt called the meeting to order. |
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| Trustees Present: |
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Don McNutt, Chairman
Tom Kolb
Ski Mariea
Mark A. Kaiser (for Doug Nelson)
Danny Opie
Dan Schuette
Bruce Work |
Jim Ford, Vice Chairman
John Albert
Tom Pfeiffer
Melvin Schebaum |
| Staff Present: |
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Bob Clarke, Operations Manager, Williams & Company Consulting, Inc.
Tim Duggan, Assistant Attorney General
Carol R. Eighmey, Executive Director
Dan Henry, Williams & Company Consulting, Inc.
Diane James, Executive Assistant
Pat Vuchetich, General Claims Manager, Williams & Company Consulting, Inc. |
| Others Present: |
Dan Atwill, Atwill & Montgomery, LLC
Andrew Bracker, City of Kansas City
Ken Koon, Chief, Tanks Section, Hazardous Waste Program,
Department of Natural Resources
Ron Leone, Executive Director, MPCA
David Pate, Midwest Environmental Consultants
Don Willoh, Attorney General’s Office
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Claim Appeal – City of Kansas City– Claim 40193
Chairman McNutt invited Andrew Bracker, representing the City of Kansas City, to the table to present this claim appeal. Mr. Bracker disclosed that he is a member of the DNR Hazardous Waste Management Commission but stated his participation at the PSTIF Board was as a representative of the City and not a member of that Commission.
Mr. Bracker summarized the project, which involved redevelopment of a multi-block area in downtown Kansas City for the “Sprint Center.” He explained that most of the petroleum-impacted soil was in an area near one of the old USTs, and stressed that the City was only requesting reimbursement of a small portion of its overall redevelopment costs.
Chairman McNutt then asked Pat Vuchetich to explain Williams’ payment decision. Mr. Vuchetich distributed a handout and noted both of the PSTIF-eligible sites were ones where the USTs had previously been removed and a “No Further Action” letter issued. He noted several other tanks were found in the excavation area and that cleanup of petroleum pollution from the operation of those tanks was not a PSTIF-eligible expense. He said Williams had paid for all the petroleum-impacted soil that was hauled offsite, and a reasonable amount for consultant oversight of that cleanup activity, but that the City requested reimbursement for substantial additional consulting time.
There was then considerable discussion, during which the Trustees asked several questions. Mr. Bracker clarified that the entire Sprint redevelopment project was a $270 million project. Mr. Vuchetich clarified that the City had not sent in a cost estimate or requested pre-approval of costs from the PSTIF, but that once Williams was notified that the work was underway, communications between the City and the PSTIF were good. He characterized the appeal as a difference of opinion on whether the PSTIF should pay for “24/7 oversight” by the environmental consultant during the redevelopment.
Chairman McNutt thanked both gentlemen for their presentations and noted the Board would discuss the appeal and make a decision in closed session.
(Danny Opie left the meeting room.)
Approval of Minutes – Open Session Meeting – May 20, 2009
Ski Mariea moved that the minutes from the May 20, 2009 Open Session Meeting be approved. Mark Kaiser seconded. Motion carried.
Monthly Reports
Chairman McNutt invited Trustees to review the monthly reports and asked if there were any questions. There were none.
FY10 Budget for Income Statement
Ms. Eighmey distributed a recommended budget to be used on the Fund’s monthly income statement; copy attached hereto. She recommended adoption of the budget by the Board.
There was discussion on a few of the budgeted items, including transport load fee revenues; costs for legal services; and the Board-approved level of DNR expenditures from the Fund, compared to the FY10 appropriations enacted by the Legislature.
(Danny Opie returned to the meeting room.)
Dan Schuette moved to approve the FY10 Budget for use on the Fund’s monthly income statements. Ski Mariea seconded. Motion carried.
Approve Final Order of Rulemaking - AST Participation Rule
Bruce Work moved to approve publication of the Final Order of Rulemaking. Tom Kolb seconded. Motion carried.
Financial Responsibility Enforcement - AGO Report
Chairman McNutt introduced Don Willoh from the Attorney General’s Office, who reviewed the progress made in enforcement of the FR requirement. He commented that it seems there have been more locations recently where the owner or operator has simply closed the business.
Carol Eighmey added that the efforts by the DNR Tanks Section to contact owners/operators promptly when their PSTIF coverage lapses are getting most of those locations referred back into compliance quickly. She said this is reducing the number of cases that get relayed to the Enforcement Section and ultimately to the AGO. Mr. Willoh concurred and noted the coordinated efforts of all three agencies were having a positive impact on overall compliance.
Update - ARRA LUST Trust Fund Money
Dan Schuette noted that the DNR is continuing to confer with the PSTIF on how and where this money can best be used. He said there are still some unanswered questions on what reports and information EPA will require from States who accept and spend these funds. Ms. Eighmey reported that EPA finally awarded money to Missouri in late June.
RBCA Rules - Update
Ms. Eighmey briefly summarized discussions taking place with DNR and Trent Summers, noting that agreement on all issues was unlikely and that the Hazardous Waste Management Commission will likely have to decide some issues. Dan Schuette agreed and said the discussions had been very frank and open. Ms. Eighmey expressed appreciation to Mr. Schuette for clearing his schedule and participating in the discussions.
Bruce Work asked whether the PSTIF will participate in the public hearing that the Commission will hold on the rules; Ms. Eighmey said she likely will do so, but it will depend on what conclusions Mr. Summers reaches. Mr. Schuette encouraged submission of formal comments, either in writing or at the public hearing, to assure that the PSTIF’s concerns are included in the formal record of comments.
Administrative Issues
Final Report – FY09 Goals – Chairman McNutt asked if there were any questions or comments on what was provided in Trustees’ notebooks; there were none.
20-Year Anniversary Report – Chairman McNutt told Trustees of Ms. Eighmey’s suggestion that a 20-year anniversary report be prepared for the Fund and invited comments from Trustees. Several expressed support; Ms. Eighmey said she would undertake the project.
Billings– Chairman McNutt invited questions from the Trustees on the invoices listed; there were none.
Bruce Work 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.
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