Chairman McNutt called the meeting to order. |
|
| Trustees Present: |
Absent: |
Don McNutt, Chairman
Jim Ford, Vice Chairman
John Albert
Rich AuBuchon
Tom Kolb
Ski Mariea
Danny Opie
Dan Schuette
Bruce Work |
Tom Pfeiffer
Melvin Schebaum |
| Staff Present: |
|
Dan Atwill, Atwill & Montgomery, LLC
Bob Clarke, Operations Manager, Williams & Company Consulting, Inc.
Shelley Woods (for 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 Assistantt |
| Others Present: |
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
Mike Martin, Unit Chief, Compliance/Enforcement Section,
Hazardous Waste Program, Department of Natural Resources
David Pate, Midwest Environmental Consultants
Don Willoh, Attorney General’s Office
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Public Comments - Proposed Reduction of Transport Load Fee
Chairman McNutt announced that the Board would open the public meeting to accept comments on the proposed reduction of the fee, if there was anyone present to offer comments. He asked if there was anyone present who wished to speak. No one responded. Ms. Eighmey reported that six written comments were received, all of which supported reducing the fee.
There was discussion about when to vote on the proposal to lower the fee. Several trustees commented they would prefer to wait until Governor Blunt acted on SB907, as the Board would then know whether it would have ten more years over which to collect revenues. Chairman McNutt announced that, after the Governor takes action on the bill, a conference call would be scheduled at the earliest opportunity to take action on the proposed fee reduction date so the Department of Revenue would have adequate time to change its programming and get notices out to fee payers.
Claim Appeal – Former King Superstore#1 - Claim 61947
Chairman McNutt verified that there was no one from King & King Enterprises in attendance to discuss the claim appeal. He noted that the Executive Director recommended payment and invited a motion.
Dan Schuette moved that the Board waive its 180-day deadline and pay an additional $1,580. Ski Mariea seconded. Motion carried.
Review and Approval of Minutes - Open Session Meeting - April 8, 2008
Bruce Work moved that the minutes from the April 8, 2008 Open Session Board meeting be approved. Jim Ford seconded. Motion carried.
Monthly Reports and Decision on Funding New Remedial Claims
Chairman McNutt invited Trustees to review the monthly reports. Dan Schuette moved that the Board release funding for the six new remedial claims. Tom Kolb seconded. Motion carried. Ms. Eighmey informed the Board of a pending sale of approximately 70 Missouri convenience stores to a Canadian company, the first international owner that PSTIF will insure.
Legislative Report
Chairman McNutt commended Ms. Eighmey and Ron Leone on their work to get SB907 through the legislature. Ms. Eighmey reviewed the major provisions of the bill.
Ms. Eighmey then briefly summarized the appropriations bills enacted by the Legislature for FY09 and one provision of SB931 that could affect certain claims.
FR Enforcement - AGO
Chairman McNutt introduced Shelley Woods who was attending in Tim Duggan’s place from the Attorney General’s Office. He then introduced Don Willoh of the Attorney General’s Office. Ms. Eighmey noted Mr. Willoh was the person at the AGO’s office who had been working closely with the DNR and the PSTIF to enforce the State’s requirement that owners and operators of USTs have a “Financial Responsibility” mechanism.
Mr. Willoh informed the Board that the AGO meets with the DNR Hazardous Waste Program’s Compliance/Enforcement Section twice each month to discuss enforcement actions. He observed that a few UST owners/operators let their PSTIF insurance, or other FR mechanism, lapse each month, and asked Trustees what they considered a reasonable amount of time to allow a UST facility to operate without insurance before action was taken to compel compliance or shut the facility down.
The Trustees discussed the question, and the consensus was that 30 to 60 days was an adequate “grace period.” Mr. Willoh thanked the Trustees for their input.
Administrative Issues
Update - Remedial Claims Project –Chairman McNutt asked if there were any questions about this project. There were none.
Advisory Committee Meeting Report – A brief report was provided on decisions made at the recent Committee meeting.
State Fund Administrators Meeting, June 9-11, 2008, Charleston, SC – Tom Kolb moved to approve the Executive Director’s request to attend this meeting. Ski Mariea seconded. Motion carried. Ms. Eighmey reported that Dan Atwill would be giving a presentation at the meeting, and that representatives from Williams & Company would also be in attendance.
EPA All-States Meeting, April 24-25, 2008 – Ms. Eighmey reported on this annual meeting, noting it provides opportunity to discuss tank issues with EPA and colleagues from the other three states in Region 7.
Billings– Chairman McNutt reviewed recent billings.
Tom Kolb 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. Rich AuBuchon seconded. Motion carried.
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