December 3, 2014 Meeting Minutes - Missouri Petroleum Storage Tank Insurance Fund
Michael L. ParsonGovernor

December 3, 2014 Meeting Minutes

The University Club
University of Missouri Campus

Start Time:  9:31 a.m.

Chairman McNutt called the meeting to order.

Trustees Present:
Don McNutt, Chairman
Jim Ford, Vice Chairman
John Albert
Tom Kolb
Ski Mariea
Marty Miller
Danny Opie
Tom Pfeiffer
Renee Slusher

Melvin Schebaum

Staff Present:
Tim Duggan, Assistant Attorney General
Carol R. Eighmey, Executive Director
Dan Henry, Williams & Company Consulting, Inc.
Diane James, Executive Assistant
David Walters, Williams & Company Consulting, Inc.

Others Present:
Pam Cafourek, BeeLine Snack Shops
Lynn Graves, Graves and Associates, CPAs
Ken Koon, Tanks Section, Hazardous Waste Program, DNR
Ron Leone, Executive Director, MPCA
Imran Lodhi, Alliance/Lion Petroleum
Jack McManus, Agriculture and Environment Division, AGO
David Pate, Industrial and Petroleum Environmental Services (IPES)
Heather Peters, Compliance/Enforcement Section, Hazardous Waste Program, DNR
Kristin Stokely, Attorney General’s Office
Brian Wacker, Herzog Crebs (representing Alliance Petroleum)


Chairman McNutt introduced Jason Smith from Environmental Works to present this

BeeLine Snack Shop #3 – Claim 63258 – Chairman McNutt invited Pam Cafourek and David Pate to present BeeLine’s appeal.  Ms. Cafourek briefly reviewed the history of the site and the basis for their appeal.

Chairman McNutt confirmed that the Executive Director and Williams & Company both support the request to refund the second deductible.  He thanked Ms. Cafourek and Mr. Pate for their presentation and noted the Board would make a decision later that day in closed session, which would be communicated in writing by the Executive Director in the next few days.

Alliance Petroleum – Policies 8937-02 and 3005646-01 – Chairman McNutt invited Imran Lodhi and Brian Wacker to present their request.  Mr. Wacker noted the situation is not a typical claim appeal, as no petroleum release has been confirmed.  He explained the history of ownership and financing for the site that resulted in Alliance’s current situation.

Trustees asked several question about the control of the property, corporate structure, financing, and whether Alliance planned to continue using the property as a fuel storage facility.  Mr. Lodhi unequivocally stated his intention is to remove the tanks and piping so the property can be used or marketed for a different purpose.

After discussion, Chairman McNutt thanked Messrs. Lodhi and Wacker for their presentation and said the Board would make a decision in closed session after conferring with counsel; he told them the Trustees’ decision will be communicated in writing by the Executive Director soon after the meeting.

Approval of Minutes – September 17, 2014 – Open Session Meeting

Jim Ford moved that the minutes from the September 17, 2014 Board meeting be approved.  Ski Mariea seconded.  Motion carried.

Monthly Reports

Trustees reviewed the October financial statements and noted the unexpectedly low revenues from the transport load fee.  There was a brief discussion about other data available from Department of Revenue regarding fuel use and whether all fuel-related indicators are showing similar trends.  The Board asked Ms. Eighmey to invite Keith Gast and/or other Department of Revenue representatives to their next meeting to discuss this and compare transport load fee revenues with other fuel-related taxes and fees.

Chairman McNutt separately invited questions or comments about the FY14 EPA Fund Soundness Review and activity reports; there were none.

FY14 Audit – Graves and Associates

Chairman McNutt introduced Lynn Graves to present the FY14 financial audit.  Mr. Graves reviewed the various documents that comprise the audit and reported nothing of concern had come to their attention during their review.

Marty Miller asked about the “Management’s Discussion and Analysis,” which the report notes is not included.  Mr. Graves explained this is an optional document that PSTIF would have to prepare and he is required by accounting standards to note no such document exists; he said some companies or organizations use this document to provide supplementary information along with the audit, but many do not and there is no “downside” to it not being done.

Tom Kolb moved to accept the FY14 audit report as presented.  Tom Pfeiffer seconded.  Motion carried.

Approve Final Orders of Rulemaking

UST Operator Training Rule – Chairman McNutt asked Ms. Eighmey to review the rulemaking process and explain her recommendation.  She briefly reminded Trustees that this proposed new rule had been discussed informally with interested persons, including the Advisory Committee, for a couple of years, then had been formally published for public comment in theMissouri Register.  She pointed out the draft Order of Rulemaking, which includes response to the only comment received, in the Trustees’ notebooks.

Jim Ford moved to approve the Final Order of Rulemaking for the new operator training rule, 10 CSR 100-6.010, as presented.  Danny Opie seconded.  Discussion ensued, during which it was agreed to add the following sentence to the Response to Comment #1: “The board anticipates some facility owners will designate the same individual as both their Class A/B and Class C operator.”

Jim Ford and Danny Opie amended their motion to approve the Final Order of Rulemaking with this change.  Motion carried.

PSTIF Claims Rule Amendment – Ms. Eighmey reminded Trustees this involves a change to an existing rule, but noted a similar process of communicating with stakeholders had occurred.  She noted five people had submitted comments, which are summarized in the Draft Order of Rulemaking provided in the Trustees’ notebooks.

Jim Ford moved to approve the Final Order of Rulemaking for the Board’s claims rule, 10 CSR 5.010, as presented.  Ski Mariea seconded.  After a short discussion, motion carried.

AST Releases in FY14

Chairman McNutt invited Trustees to review the list provided in their notebooks, noting since there were only two releases this year and both were overfills during fuel delivery, the customary photographs would not be shown.  There were no questions or comments.

Updates – Cause of Loss Investigations and Diesel Exhaust Fluid

Ms. Eighmey presented photographs and reviewed recent activities involving staff investigations into causes of leaks.  (Her presentation is filed with these minutes.)

Administrative Issues

2015 Meeting Dates and Locations – Chairman McNutt reported he has contacted the Governor’s office about making appointments to fill the Board’s vacancies but has not heard when they plan to do that.  He asked that Trustees be mindful about meeting dates for 2015, noting it’s important for the remaining Trustees to attend.  He asked Trustees to let the PSTIF office know as soon as possible if a conflict arises so meetings can be rescheduled if needed.

Billings – Chairman McNutt asked if there were any questions on the billings included in the meeting materials; there were none.

Chairman McNutt reminded those present that the next Board meeting would be at this same location on January 28, 2015.

He then asked the Trustees to go into closed session to:

  • Approve the minutes from the last closed session;
  • Discuss and decide the two appeals heard today;
  • Discuss matters relating to contracts; and
  • Discuss ongoing and threatened litigation.

Tom Pfeiffer moved that the Board go into closed session to discuss the matters identified by the Chairman, as authorized by Section 610.021, RSMo.  Jim Ford seconded.  A roll call vote was taken; motion carried without dissent.

Chairman McNutt adjourned the open session meeting at 11:25 a.m.

Mobile Navigation