Chairman McNutt called the meeting to order. |
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| Trustees Present: |
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Don McNutt, Chairman
Jim Ford, Vice Chairman
John Albert
Tom Kolb
Ski Mariea
Doug Nelson
Danny Opie
Tom Pfeiffer
Melvin Schebaum
Dan Schuette
Bruce Work |
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| Staff Present: |
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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.
Diane James, Executive Assistant
Pat Vuchetich, General Claims Manager, Williams & Company Consulting, Inc. |
| Others Present: |
Ken Koon, Chief, Tanks Section, Hazardous Waste Program, MDNR
Ron Leone, Executive Director, MPCA
David Pate, Midwest Environmental Consultants
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Claim Appeal – Wallis Companies, Claim 50295
Chairman McNutt noted that the representative from Wallis Companies could not attend the meeting because the meeting date had been changed. Ms. Eighmey briefly explained the appeal.
Approval of Minutes – Open Session Meeting - January 21, 2009
Ski Mariea moved that the minutes from the January 21, 2009 Open Session Meeting be approved. Jim Ford seconded. Motion carried.
Monthly Reports
Chairman McNutt invited Trustees to review the monthly reports. Ms. Eighmey pointed out that fuel usage is decreasing, causing a drop in revenues from the transport load fee.
The Trustees also reviewed a graph showing that 40% of open claim files have been open for 10 years or longer. Ms. Eighmey said the percentage of claims that are “old” is increasing, since fewer new claims are being filed each year. Doug Nelson asked if DNR was looking at using federal Stimulus money to address some of these old cleanups, since many of these old claims probably involved sites that were not insured when the release was discovered. Dan Schuette responded that his staff was working to determine how best to use the Stimulus money.
Cash Flow Projection
Chairman McNutt invited the Trustees to review the cash flow projection, noting that Pat Eriksen had not made the trip to attend the meeting, since there were no changes in the projection from what he had presented last fall. Dan Schuette asked if an analysis could be done to see how actual numbers compared to previous cash flow projections. Ms. Eighmey noted this is normally part of the presentation Mr. Eriksen makes, and said she would ask him to prepare such an analysis for the next Trustees’ meeting.
Legislative Report
Ms. Eighmey reported that the appropriations bills contain the various requests for authority to spend money from the PSTIF, as expected. She then reviewed the federal “Stimulus Bill,” noting it is likely some of the money will be spent at PSTIF-eligible sites. She summarized discussions with DNR about the possibility of submitting a joint application to EPA so the PSTIF could disburse some of these funds. She suggested that sites that are not eligible for PSTIF funds, or where the $10,000 deductible is a hurdle and a combined effort by the DNR and the PSTIF could get a stalled cleanup moving, would be good candidates for this money.
Jim Ford made a motion to authorize the Executive Director to continue discussions with the DNR and the Legislature about the LUST Trust Fund monies in the Federal Stimulus Bill. Ski Mariea seconded. Motion carried.
Tim Duggan briefly discussed HB316, a bill that amends the State’s “Sunshine Law,” and said he would review it further to determine whether it would inhibit or require changes in the Board’s procedures for handling claim appeals.
Proposed Changes to PSTIF Rules
Ms. Eighmey presented a recommendation from the Advisory Committee regarding two amendments to the Board’s rule governing AST Participation; she emphasized the changes would make the procedures for “extended reporting periods” match those used for USTs.
Melvin Schebaum moved to approve publication of the proposed amendments to the AST Rule. Tom Kolb seconded. Motion carried.
RBCA Rules
Jim Ford moved to approve expenditure of up to $25,000 from the Contingency budget to pay for an independent expert to meet with PSTIF and DNR staff to review each agency’s draft rules for risk-based corrective action at tank sites, and to make recommendations to the Hazardous Waste Management Commission regarding what rules to adopt. Tom Kolb seconded. After discussion, the motion carried by a vote of 10 to 1 with Mr. Schuette voting no.
Administrative Issues
Appointment to Advisory Committee – Tom Kolb moved to appoint Ryan Rowden, the new Executive Director of the Missouri Petroleum Council, to the Advisory Committee. 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.
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. Doug Nelson seconded. Motion carried.
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