Chairman McNutt called the meeting to order and introduced Jack McManus, Chief Counsel of the Agriculture & Environment Division in the Attorney General’s Office, who briefly explained his background and the responsibilities of his position. Chairman McNutt thanked him for attending the meeting. |
|
| Trustees Present: |
|
Don McNutt, Chairman
John Albert
Tom Kolb
Ski Mariea
Doug Nelson
Danny Opie
Melvin Schebaum
Dan Schuette
Bruce Work |
Jim Ford, Vice Chairman
Tom Pfeiffer
|
| Staff Present: |
|
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 |
| Others Present: |
Ken Koon, Chief, Tanks Section, Hazardous Waste Program,
Department of Natural Resources
Ron Leone, Executive Director, MPCA
Jack McManus, Chief Counsel, Agriculture & Environment Division,
Attorney
General’s Office
|
Claim Appeals
Chairman McNutt noted that both parties who were scheduled to present their claim appeals to the Board had contacted the Executive Director and asked to postpone their appeals to a future meeting.
Chairman McNutt noted it creates extra work for the Trustees when they review materials for a claim appeal prior to a meeting, then the appellant requests postponement. He suggested that, in the future, appellants be notified that if they wish to postpone, they must do so several days before the meeting date. Other trustees agreed; it was decided that appellants who request postponement later than the Friday before the meeting on the following Wednesday should be informed that the Board will proceed with consideration of their appeal as scheduled. Ms. Eighmey agreed to notify future appellants of this.
Approval of Minutes – July 15, 2009 – Open Session Meeting
Ski Mariea moved that the minutes from the July 15, 2009 Board Meeting be approved. John Albert seconded. Motion carried.
Monthly Reports
Chairman McNutt invited questions from the Trustees on the financial statements and other statistics in the monthly reports; there were none.
FY11 Budget Requests
Ms. Eighmey reviewed the process by which other agencies request funding from the PSTIF. Each agency’s request was then considered.
Melvin Schebaum moved to approve the Attorney General’s Office request for ½ FTE, or $25,108 for salary and approximately $11,095 for fringe benefits, plus any COLA added by the Legislature, for an estimated total of $36,203. Dan Schuette seconded. Motion carried.
Dan Schuette moved to approve the Department of Revenue’s request for one FTE, or $27,654 for salary, expense and equipment, plus fringe benefits of approximately $11,722, plus any COLA added by the Legislature, for an estimated total of $39,376. Ski Mariea seconded. Motion carried.
Ms. Eighmey reminded the Trustees that the requested transfer of funds from the PSTIF to the Office of Administration is for costs associated with the State Treasurer’s office, the Governor’s office, the Lieutenant Governor’s office and the General Assembly.
Tom Kolb moved to approve the Office of Administration’s funding request for $125,654 to help pay for “central state services.” Ski Mariea seconded. Discussion ensued. Motion carried.
Chairman McNutt noted that no request for FY11 funding had been received from the Department of Natural Resources.
Ms. Eighmey recommended that the Board submit appropriations requests for FY11 for its own expenditures that are equal to its FY10 appropriations. She noted that FY11 will include the last six months of the current TPA contract with Williams and Company Consulting and the first six months of a new TPA contract, so it is difficult to know what the Board’s costs will be; however, she said she anticipates the Board’s core appropriation should be sufficient to cover the costs of the new contract.
Bruce Work moved to request the same appropriations for FY11 as were enacted for FY10, as follows:
$190,351 for salaries, plus associated fringe benefits, (estimated at $92,510);
$2,101,000 for expense & equipment;
$19,000,000E for claims; and
$10,000E for refunds.
Ski Mariea seconded. Motion carried.
Dan Schuette informed the Trustees that the Department of Natural Resources planned to submit a FY11 budget request to the Trustees within a few days.
Goals for FY10
Ski Mariea moved to approve the PSTIF goals as presented. Bruce Work seconded. Motion carried.
Review and Approval of Revised AST Participation Document
Ms. Eighmey presented the revised Participation Agreement for ASTs, noting the changes made included clarifications, corrections and incorporation of the extended reporting endorsement. She assured the Board that no changes in coverage or procedures had been made, noting the document had never been revised since it was originally drafted in 1998. Dan Schuette moved to approve the revised AST Participation document. Ski Mariea seconded. Motion carried.
Review of FY09 UST Losses
Ms. Eighmey reminded the Trustees that the prior year’s claims are reviewed each year to determine how many insured USTs had identifiable leaks. She noted these are a very small percentage of claims received and credited the owners/operators, DNR, Department of Agriculture and PSTIF staff for this.
Chairman McNutt introduced Bob Clarke, who showed photographs and described the identifiable leaks reported during FY09. The Board asked Mr. Clarke to provide additional information at a future meeting on Claim 62698 regarding the reported problem with a backflow valve.
Updates
RBCA Rules – Chairman McNutt asked if Trustees had any questions about the information provided in their notebooks; there were none.
Remedial Claims Project – Chairman McNutt noted the final report would be provided to Trustees in January 2010.
ARRA – Ken Koon reported the Department has reviewed bids from multiple consulting firms interested in doing this work and said he is waiting for the Office of Administration to notify those firms who met the required qualifications. Dan Schuette mentioned that the funds would begin to be spent once contractors had been selected.
Chairman McNutt noted that both the Audit and Actuarial Study were underway.
Administrative Issues
Meeting of State Fund Administrators – Chairman McNutt noted Missouri would be hosting this meeting in St. Louis.
2010 Board Meeting Dates – None of the Trustees expressed objection to the proposed meeting dates.
Billings– Chairman McNutt invited questions from the Trustees on the invoices listed. There were none.
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. Melvin Schebaum seconded. Motion carried.
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