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| Trustees Present: |
Absent: |
Don McNutt, Chairman
Jim Ford, Vice Chairman
Mark Kaiser
Tom Kolb
Danny Opie
Tom Pfeiffer
Melvin Schebaum
Bruce Work |
John Albert
Ski Mariea
Dan Schuette |
| 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.
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| Others Present: |
| David Pate, Midwest Environmental Consultants |
Approval of Minutes – July 23, 2008
Tom Pfeiffer moved that the minutes from the September 23, 2008 Board meeting be approved. Jim Ford seconded. Motion carried.
Monthly Reports
Chairman McNutt invited questions or comments about the monthly reports. Jim Ford asked if there had been any progress on the PSTIF Record Retention Schedule. Ms. Eighmey responded that the schedule had been finalized and the Secretary of State’s Office had approved transmission of records from the PSTIF for storage.
FY08 - Graves & Associates
Chairman McNutt introduced Lynn Graves to present the FY08 audit report. Mr. Graves summarized the report, noting the ratio of the trust fund’s current assets to current liabilities was 5.8, and that overall claim liability had risen slightly from the year before. He noted there were no areas of concern identified by the audit.
Bruce Work moved to approve the FY08 Audit Report. Tom Pfeiffer seconded. Motion carried.
Update on Cleanups and RBCA
Chairman McNutt invited Ms. Eighmey to review the information provided in the Trustees’ notebooks. She expressed disappointment that more progress had not been made on the claims jointly identified by the DNR and the PSTIF for expedited action, but noted Bob Clarke is continuing to work with Ken Koon on those. Jim Ford expressed concern about consultants who do not take action in a timely manner and suggested the Fund’s claim payments might somehow be tied to timeliness. Ms. Eighmey noted that Williams & Company has attempted to do this in some cases, with mixed results.
There was then discussion about the RBCA rules. DNR’s October 9 “workshop” was briefly summarized. Ms. Eighmey reported that, in response to the Board’s directive, she had engaged Keith Piontek of TRC to prepare draft rules, who participated in most of the “RBCA Stakeholders’ Group meetings” held in 2002-2003, and that Mr. Piontek plans to utilize Michael Barden, who drafted DNR’s proposed RBCA rules for tank sites, as a subcontractor.
Bruce Work noted that DNR’s schedule indicates they plan to present their proposed rules to the Advisory Committee in November and asked whether that had occurred yet. Ms. Eighmey said it had not.
There was then a brief discussion about the DNR’s increased fees for monitoring well installation and abandonment. It was noted the Well Installation Board has authority to set the fees at or under the maximums allowed by their rules, and that the Board has not yet decided what the actual fees will be.
Review of FY08 AST Losses
Chairman McNutt then invited Ms. Eighmey to review AST losses for FY08, which she did, showing photographs from each claim.
Administrative Issues
Report on Soil Vapor Training – Chairman McNutt asked if there were any questions or comments from the Trustees regarding this training. There were none.
Inspections – Chairman McNutt invited questions and comments regarding the information provided. There were none.
Contract Renewal – Third-Party Administrator – Tom Kolb moved to renew Williams & Company Consulting’s contract for calendar year 2009. Jim Ford seconded. Motion carried.
2009 Board Meeting Dates and Locations – Chairman McNutt asked Trustees to mark the Board meeting dates on their calendars for 2009.
Billings – Chairman McNutt asked Trustees if they had any questions or comments on the billing information provided. 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. Tom Kolb seconded. Motion carried.
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