MINUTES
Petroleum Storage Tank Insurance Fund
Board of Trustees
Meeting

July 23, 2008

 
 

Vice Chairman Ford called the meeting to order.

 
Trustees Present: Absent:
Jim Ford, Vice Chairman
Rich AuBuchon
Tom Kolb
Ski Mariea

Tom Pfeiffer
Melvin Schebaum
Dan Schuette

Trent Summers
Bruce Work
Don McNutt, Chairman
John Albert
Danny Opie
Staff Present:  

Bob Clarke, Operations Manager, Williams & Company Consulting, Inc.
Tim Duggan, Attorney General’s Office
Carol R. Eighmey, Executive Director
Dan Henry, Williams & Company Consulting, Inc.
Pat Vuchetich, General Claims Manager, Williams & Company Consulting, Inc.
Diane Wallace, Executive Assistant

Others Present:

Heath Clarkston, Gallagher Consultants, LLC
Harry Gallagher, Gallagher Consultants, LLC
Kerry Kaullen, Petroleum Program Administrator,
      Division of Weights and Measures, Department of Agriculture
Ken Koon, Chief, Tanks Section, Hazardous Waste Program,
      Department of Natural Resources
Ron Leone, Executive Director, MPCA

Claim Appeal – Former Bagby Motors, Maryville - Claim 52355
Jim Bagby and Bob Bagby were introduced to present this appeal, as were their consultants, Tom Paul and Melissa Dowling, Apex Envirotech, Inc.  Mr. Jim Bagby gave a brief overview of the appeal and thanked the Board for the opportunity to present it.  Mr. Paul distributed color photographs and provided information on the soil sampling protocol, weather conditions and the size constraints of the site.

Pat Vuchetich then briefly explained Williams & Company’s payment decision, noting that reimbursement had been made based on the laboratory data, consistent with the manner in which other claims involving excavation have been paid.

Trustees asked several questions, after which Vice Chairman Ford stated the Board would discuss the matter and make a decision in closed session.  The Bagbys and their consultants left the meeting.

Review and Approval of Minutes
Dan Schuette made a motion to approve the minutes from the Board meeting held on May 28, 2008.  Ski Mariea seconded.  Motion carried.

Dan Schuette made a motion to approve the minutes from the conference call held on July 14, 2008.  Ski Mariea seconded.  Motion carried.

Monthly Reports and Decision on Funding New Remedial Claims
Vice Chairman Ford invited the Trustees to review the monthly reports.  Dan Schuette suggested that the Board no longer needs to approve funding for new remedial claims, given the small number being filed and the improved financial condition of the trust fund.  Ms. Eighmey concurred, noting the Board had initiated this practice in 2000 or 2001 when the Trust Fund was insolvent.

Dan Schuette moved that the Board release funding for the two new remedial claims.  Tom Kolb seconded.  Motion carried.

Dan Schuette then made a motion to remove the requirement that funding for new remedial claims be approved by the Board at each meeting.  Tom Kolb seconded.  Discussion followed; it was agreed that if the number of new remedial claims being filed increases significantly in the future, or if the Trust Fund’s financial condition deteriorates, the Board could re-establish its practice.  Motion carried.

Goals for FY09
Ms. Eighmey noted that a Trustee had suggested it would be useful to initiate a more formal method of setting annual goals for Fund’s operation.  She said she had discussed this idea with Williams & Company and DNR staff, and had generated a list of goals for FY09, contained in the Trustees’ notebooks.

Tom Pfeiffer moved to approve the goals presented for FY09.  Ski Mariea seconded.  After a brief discussion, Vice Chairman Ford asked if anyone wanted to add anything; nothing was suggested.  Motion carried.

Budget for FY09
Ms. Eighmey reviewed the proposed budget for use on the PSTIF Income Statements for FY09, noting it anticipates a 3% reduction in transport load fees due to reduced fuel consumption, as well as the September 1 rate reduction previously enacted by the Board.  Melvin Schebaum moved to approve the PSTIF budget for use on the FY09 Income Statement.  Trent Summers seconded.  Motion carried.

Vice Chairman Ford announced formation of a committee to help Ms. Eighmey review budget requests for FY10.  Tom Pfeiffer volunteered to chair the committee; Bruce Work and Melvin Schebaum were appointed to serve on the committee.

Administrative Issues
Status Report – Remedial Claims Project – Ms. Eighmey summarized recent activities, noting the project is generating relatively few responses.

Report – State Fund Administrators Meeting, June 9-11, 2008, Charleston, SC – Ms. Eighmey expressed appreciation to Trustees for sending her to these meetings, and informed the Board that beginning in 2009, the National Tanks Conference and the Annual Fund Administrators’ Meeting will be combined into one event.

Advisory Committee Meeting, September 4, 2008 – Vice Chairman Ford reminded those present that the next Advisory Committee Meeting would be on September 4 in Jefferson City.

Billings – Vice Chairman Ford asked if there were any questions about the billings listed in Trustees’ notebooks.  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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