January 28, 2015 Meeting Minutes - Missouri Petroleum Storage Tank Insurance Fund
Michael L. ParsonGovernor

January 28, 2015 Meeting Minutes

The University Club
University of Missouri Campus

Start Time:  10:03 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
Melvin Schebaum
Renee Slusher

Tom Pfeiffer

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

Others Present:
Ken Koon, Tanks Section, Hazardous Waste Program, DNR
Jack McManus, Agriculture and Environment Division, AGO
Heather Peters, Compliance/Enforcement Section, Hazardous Waste Program, DNR
Aaron Schmidt, Division of Environmental Quality, DNR
Kristin Stokely, Attorney General’s Office

Approval of Minutes – December 3, 2014 – Open Session Meeting

Ski Mariea moved to approve the minutes from the December 3, 2014 Board meeting.  Renee Slusher seconded.  Motion carried.

Monthly Reports

Chairman McNutt reminded Trustees of their conversation at the previous meeting about why transport load fee revenues were lagging; he said the Department of Revenue had been invited to this meeting but couldn’t attend and plans to come to the Trustees’ March meeting.  It was noted December transport load fee revenues were up.

There were no other questions or comments about the monthly reports.

Approve FY16 Expenditure for Central State Services

Tom Kolb moved to approve expenditure of $87,887 for central state services in FY16.  John Albert seconded.  Motion carried.

Legislative Report

Chairman McNutt invited Ms. Eighmey to review the legislative summary provided in Trustees’ notebooks; she mentioned the General Assembly intends to enact budget bills earlier than usual this year and she will be following all appropriations from the PSTIF.  Besides the budget bills, Ms. Eighmey briefly discussed other bills of interest.  There was a brief discussion about the bills limiting how long appointed members of boards and commissions can serve after their terms expire, a bill that would prohibit enforcement of federal regulations by state agencies without approval of the General Assembly, and the bills requiring labeling of dispensers for ethanol-blended fuel.

In addition, there was a brief discussion about the bill requiring OA to post all state agencies’ contracts with attorneys on a website; Ms. Eighmey said she had alerted the sponsor to the difficulty of reporting “the amount of the contract” when the agreement contains an hourly rate for services, as is the case when the Board engages counsel to defend insureds against third-party claims.


New UST Rules – Chairman McNutt asked Ms. Eighmey if there was any additional news about EPA’s UST rules.  Ms. Eighmey noted there was no new news and asked Ms. Peters if she had any new information; she did not and indicated EPA continues to say “any day now.”

Backlog Plan – Chairman McNutt noted a report will be provided for the next meeting and said he is looking forward to receiving it and hopes the report will include plans for continuing to improve and expedite the cleanup process.

Claim Appeals – Chairman McNutt directed Trustees’ attention to the year-end tallies of claim appeals and noted David Walters’ efforts to improve communications with owners and consultants; he observed it’s not easy to maintain control over costs while being flexible and commended Williams & Company on the drop in the number of appeals.

Administrative Issues

PACE Expo 2015 – February 27-28, 2015 – Kansas City – Trustees were invited to attend the Expo; Chairman McNutt encouraged them to contact Diane James for assistance with registration and reservations.  It was noted Williams & Company pays for a booth and has personnel there for the entire show; Ms. Eighmey will also attend.

Trustee Appointments – Chairman McNutt noted that all Trustees except Ms. Slusher, Mr. Albert, and Mr. Miller are serving well beyond the end of their normal terms.  He said Mr. Leone, Mr. Ford, and he all have reached out to the Governor’s staff and asked them to fill the PSTIF Board vacancy, replace Mr. Pfeiffer, who has wanted to retire from the Board for several years, and reappoint the other Trustees or appoint new persons to those positions.

Ms. Eighmey thanked all Trustees for their reliable attendance and participation, commenting how much she appreciates the time they give.  Chairman McNutt asked if any Trustee hears anything about being reappointed or replaced to let Ms. Eighmey know.  Mr. Miller and Ms. Slusher both reported they have inquired about the lack of action on PSTIF appointments and found it not exclusive to this Board.

Aging USTs Workgroup – Ms. Eighmey’s participation on this workgroup was noted; she said the workgroup is having good dialogue on factors that affect the risk of leaks and said the workgroup’s report should be available in the fall of 2015.

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 March 18, 2015.

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

  • Approve the minutes from the December 3 and December 29 closed session meetings;
  • Discuss ongoing and threatened litigation; and
  • Discuss matters relating to contracts.

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

Chairman McNutt adjourned the meeting at 10:40 a.m.

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