LOOKING GLASS RIVER INTERCOUNTY DRAIN

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1 LOOKING GLASS RIVER INTERCOUNTY DRAIN DRAINAGE BOARD MEETING Friday, March 9, 2018 Clinton County Courthouse St. Johns, Michigan MEMBERS PRESENT: Michael Gregg, Board Chairperson, Michigan Department of Agriculture & Rural Development Phil Hanses, Board Secretary, Clinton County Drain Commissioner Carla Clos, Ingham County Deputy Drain Commissioner Tony Newman, Shiawassee County Drain Commissioner Ken Recker, Livingston County Deputy Drain Commissioner MEMBERS ABSENT: None ALSO PRESENT: Jenna Jullie, Shiawassee County Deputy Drain Commissioner Alan Boyer, LSG Engineers & Surveyors Mike Woodworth, Woodworth & Associates Gina Woodworth, Woodworth & Associates Kay Nickols, Woodhull Township Supervisor Mark Fulks, Perry Township Supervisor Ron Hoeft, LSG Engineers & Surveyors Jon Morrison, Clinton County Deputy Drain Commissioner Chris Tomac, Wombat Services Mike Rife, Conway Township Supervisor Chairman Gregg called the meeting to order at 10:20 a.m. 2. Review and set the agenda Hanses requested to amend the agenda to include an update on the recent flooding. Said item was added to 4a. MOTION by Hanses to approve the agenda as amended. SECOND by Newman. MOTION CARRIED unanimously. 3. Approval of the January 31, 2018 meeting minutes MOTION by Recker to approve the minutes of January 31, 2018 as presented. SECOND by Clos. MOTION CARRIED unanimously. 4a. Receive an inspection report of maintenance work and take action on payment recommendations & update on recent flooding Boyer reported that Wombat Services has continued work on contract 1 and still has about a mile remaining. A pay request has been prepared. Boyer performed a cursory inspection following the rain event in February and presented a slide show. He reported his observations on how the river handled the flooding event. He Page 1 of 3

2 noted that there was certainly flooding downstream where maintenance has not been done, and higher water further upstream, but at some locations water was still within the bank. He also observed that the maintained portions are now moving sediment, some of which is being deposited in the floodplain. Hanses distributed copies of USGS stream gage data and photos of flooding. He has observed that the downstream portion of the river where the USGS stream gage is located (at Tallman Road) responds much differently than it does in the intercounty drain portion of the river. The river peaks rapidly at the stream gage but the upstream area near Chandler Road seems to peak 7-10 days following rain storms. Morrison indicated this same response has been observed many times over the last several years. A brief discussion ensued about possible reasons this response occurs. Hanses did receive a written complaint from Charles Fagen, 5349 Ballantine Road, alleging failures of the Looking Glass River system has caused significant flood damage to his residence. A discussion of the district s PA 222 responsibility ensued. Woodworth opined that Hanses should respond to the PA 222 claim on behalf of the drainage board. MOTION by Clos that Clinton County is requested to send a PA 222 claim form to Mr. Fagan to follow the usual Clinton County process for such claims. SECOND by Hanses. Hanses, Recker, and Clos voted aye, Newman voted no. MOTION CARRIED by at 3 to 1 vote. 4b. Receive a report from LSG regarding negotiations for change orders to current maintenance contracts and take appropriate action LSG has talked with both contractors about the next planned work locations. Contractors were to visit the areas to get a sense of which has the machinery that is most appropriate for each work area. Since that time the water has been up and the visits have not been completed so consequently, the change orders have not been prepared. 4c. Receive a status report from legal counsel regarding the drainage district boundary revisions procedures and day of review logistics Woodworth discussed how broadly the board should notice the district. Section 197 notification provisions require that notifications go only to landowners in the proposed revised district. Woodworth recommended the board should notice only those landowners in the proposed revised district. He also recommended that notices be published in various local newspapers being the Owosso Independent, Clinton County News, Fowlerville News & Views, and City Pulse as the Lansing State Journal does not cover the entire district area. MOTION by Newman to publish the notice in the local newspapers and mail notices only to parcels in the proposed revised district and directing legal counsel and LSG to prepare final list including sufficient boundary to include potential district revisions as the day of review. SECOND by Recker. MOTION CARRIED unanimously. 4d. Treasurer s report The treasurer distributed copies of a draft computation of cost for review. Revisions were discussed to include anticipated expenses. MOTION by Newman to set the total amount of the Computation of Costs at $650,000 to be assessed this year. SECOND by Hanses. MOTION CARRIED unanimously. Board members discussed how long to spread assessment. Sense of the board was that spreading assessment over two years was beneficial. 5. Approval of invoices Page 2 of 3

3 MOTION by Hanses to authorize Chair Gregg to sign Wombat Services payment estimate no. 2 as recommended by LSG. SECOND by Recker. MOTION CARRIED unanimously. Jullie presented the following invoices for board approval: Wombat Services progress payment 2 in the amount of $26, LSG invoice #3138 in the amount of $3, LSG invoice #3175 in the amount of $3, Woodworth & Associates invoices # and #00880 in the amount of $7, Ingham County invoices #3630 & #3631 in the amount of $ (to be an Ingham only expense) MOTION by Hanses to approve payment of the invoices as presented. SECOND by Clos. MOTION CARRIED unanimously. 6. Other Business Recker introduced Mike Rife, Conway Township Supervisor who traveled with him today. 7. Public Comment Tomac commented on modifications he made to and old potato dam in his contract work area. The dam has collected sediment behind it. It would be difficult to remove the dam if that is what the board wished to do. 8. Set the date, time, and location of next meeting MOTION by Clos to set the date & time of the next meeting for Tuesday, April 24, 2018 at 10:30 a.m. at the Clinton County Courthouse. SECOND by Recker. MOTION CARRIED unanimously. 9. Adjourn MOTION by Hanses to adjourn the meeting. SECOND by Newman. MOTION CARRIED unanimously. Chair Gregg declared the meeting adjourned at 11:56 a.m. Respectfully submitted, Phil Hanses, Secretary Note: These minutes are subject to approval at the next scheduled drainage board meeting. Approved by the Drainage Board on. Page 3 of 3

4 PLEASE SIGN IN LOOKING GLASS RIVER INTERCOUNTY DRAIN March 9, 2018 NAME ADDRESS

5 Agenda Looking Glass River lntercounty Drain Drainage Board Clinton, Ingham, Livingston, and Shiawassee Counties 10:00 a.m., Friday, March 9, 2018 Clinton County Court House 100 East State Street St. Johns, Michigan 1. Call to order and roll call Board Members Michael Gregg, Chair, Michigan Dept. of Agriculture & Rural Development Phil Hanses, Clinton County Drain Commissioner Patrick Lindemann, Ingham County Drain Commissioner Brian Jonckheere, Livingston County Drain Commissioner Anthony Newman, Shiawassee County Drain Commissioner Engineer Alan Boyer, P.E., LSG Engineers and Surveyors Legal Counsel Michael Woodworth Esq., Woodworth & Associates 2. Review and set the agenda 3. Approval of the January 31, 2018 meeting minutes 4. Communications and reports of board members, committees, and consultants a. Receive an inspection report of maintenance work and take action on payment recommendations&. """" /..~ "" r~<f'trl flf;)o~ b. Receive a report from LSG regarding negotiations for change orders to current maintenance contracts and take appropriate action c. Receive a status report from legal counsel regarding the drainage district boundary revisions procedures and day of review logistics d. Treasurer's report 5. Approval of invoices 6. Other business 7. Public comment 8. Set the date, time, and location of the next meeting 9. Adjourn

6 1sG Engineers.. & Surveyors STATUS MEMO/REPORT To: From: Date: RE: Looking Glass River Intercounty Drain Drainage Board Mike Gregg, Chair MDARD I-/ a~~ Phil ~. Member Clinton County Drain Commissioner Pat Lindemann, Member Ingham County Drain Commissioner Brian Jonckheere, Member Livingston County Drain Commissioner Tony Newman, Member Shiawassee County Drain Commissioner Alan Boyer March 9, 2018 Looking Glass River Inspection for Flood Wood, Trees and Log Jams - Status The following is a summary and status of the project LSG has amended a maintenance plan based on the discussions with the Drain Offices. A formal maintenance plan document is not yet prepared pending discussion with the Board. LSG has met with each of the contractors (Chattaway and Wombat Services) regarding the draft Maintenance Plan and additional work for this calendar year. Both has agreed they are interested in continuing and are discussing the reaches in which each would propose to work. They have not made a decision yet due to recent high water. Wombat has continued the work under the original contract. There is about 5,000 feet of the work remaining under that contract, between the Bartz property and¼ downstream from M-52. Wombat has pulled off the job due to recent high water. A pay request is included with this report LSG made a cursory inspection as a result of the recent, end of February flooding. The pictures are attached. The pictures show that the maintence work to date has been successful in improving the flow of the river. U 1p, d ate S ummary o fs cope o fw or kl terns. Item Scope Description Started Completed Comment 1 Identify the maintenance reach of X X The entire reach requires some the Looking Glass River IC Drain effort of tree, log jam or flood wood removal. 2 Inventory the maintenance reach X X Cursory inventory is completed. A detailed inventory of the entire 43 miles has not been performed as of the date of this memo. See Table 1 Inspection Locations. 3 Identify the maintenance scope of X X Tree and log jam removal. NO work, such as DREDGING. Likely use of mats in low, organic soil areas where spoil

7 150 Engineers.. & Surveyors banks either do not exist or have subsided. 4 Prepare an estimate based on the X X Annual budget estimate. Detailed maintenance reach and inventory estimate for specific reaches is based on the current project bids. 5 Prepare a detailed plan for the X X Maintenance plan has been maintenance work updated for additional reaches in Clinton and Shiawassee Counties 6 Confirm the existing drain right-of- X X Right-of-ways through Shiawassee way County were obtained for the 1886 work. Other documents (some of which are for work that was not performed) indicate that the extreme width of the work area ranged from 120 to 250 feet. 7 Conduct a pre-application meeting X Not MDEQ pre-application meeting and with MDEQ staff to review the necessary JPA will be necessary if mats are scope of work, environmental necessary in organic soils. concerns and possible permit requirements. 8 If necessary, prepare and submit Not N/A See item 7 above an MDEQJoint Permit Application necessary 9 Prepare a notification list of X X landowners along the maintenance reach 10 If warranted, meet with X On going as landowners and other needed stakeholders regarding the maintenance scope of work 11 Prepare bid documents and bid X X the project. 12 Adjust the annual scope(s) of work X On going Drafted a Maintenance Plan. Have and maintenance reaches based met with contractors to discuss on the bid totals. additional work. 13 If necessary, construction and/or X On going SESC inspections during the course of the maintenance work will be performed by an inspector certified by the MDEQ to perform such inspections. 14 Identification, field verification, X X mapping and recommendation of revised drainage district boundary. 15 Preparation of mailing list, notice X On going and documentation for Sec. 197 DOR 16 Day of Review Scheduled for May 2, 2018 in all four counties.

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12 t\\! Glass RiveWr\fliJ.\J \., ~,~~~80302 At Colb Lake Road brid e lookin

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18 Tuesday Looking west from Ballantine/Chandler Road intersection. Looking Glass River is behind the home. Seven days after Feb rains. Tuesday Looking northwest from Ballantine/Chandler Road intersection. Looking Glass River is behind the home. Seven days after Feb rains. Sunday, Banquet hall at Round Lake. Twelve days after Feb rains. Photo #

19 Tuesday Looking north at Sleight Drain from Ballantine Road. Seven days after Feb rains. Water had risen approximately one foot from previous day. Tuesday Home at 5349 Ballantine Road east of Sleight Drain crossing. Seven days after Feb rains. Water had risen approximately one foot from previous day. Drain office provided sand bags after water reached house. Sunday Looking north at Sleight Drain from Ballantine Road. Twelve days after Feb rains. Water has finally begun to recede in the Looking Glass. Sunday Home at 5349 Ballantine Road east of Sleight Drain crossing. Twelve days after Feb rains. Water has finally begun to recede in the Looking Glass.

20 Monday Home at Chandler Road just south of Looking Glass. Six days after Feb rains. Tuesday Home at Chandler Road just south of Looking Glass. Seven days after Feb rains. Water had risen several inches from previous day. Sunday Home at Chandler Road just south of Looking Glass. Twelve days after Feb rains. Water had dropped about 1 foot since high on Tuesday. Photo #

21 Page I of I ~usgs ~ USGS LOOKING GLASS RIVER NEAR EAGLE, Ml 8.0 ~ a.) a.) (., ~ -fo 6.0.-f a.).c a.) It! c.::i I_T I ~q_j~(( I /1J.J'" I w l TJL I ~ Isl/ 1 M l~-z= I w~ Th I P. Feb Feb Feb Feb Feb Nar Nar Nar Nar Nar Provisional Data Subject to Revision Gage height * Neasured gage height - Operational linit (naminun) - National Meather Service Flood Stage _id=7 l 904&format=img_ default&site _ no=04 l l 4498&set_ arithscale y=on&begin date=20 l 802 l 9&end date= /9/2018

22 Page 1 of 1 ~ iusgs ~ "'Cl C 0 CJ G) 2000 ~ 1000 L. a:, Q..Ji a:, G) ~ CJ i-1..q ::::, CJ.. a:, ;:),(I L. l'tl.c CJ ~ i-1 Cl USGS LOOKING GLASS RIVER NEAR EAGLE, Ml I I -- ' ;-1-r 1 6- I 6- j 6 6, rj. r. I I I T I T I ' I I.6. I 8 I b I.6. I : 6 I 6_ I M I T, w In I r: I So. 1.- IM I r I w ITII I r: 1 s., Is,. I f1 I T I w I r1, I F I Feb Feb Feb Feb Feb Har Har Har Provisional Data Subject to Revision---- Har ~ Har Hedian daily statistic (68 years) Flou at station affected by ice - Discharge * Heasured discharge default&site _ no=04 I I 4498&begin _ date= &end date= /9/2018

23 Hanses, Phil From: Sent: To: Subject: Thursday, March 08, :02 PM Drain Online Form Submittal: Drain Problems Drain Problems Anonymous complaints will not be investigated. Your Last Name Your First Name Address City State FAGAN CHARLES 5349 BALLENTINE RD BATH Ml Zip Code Day Phone (Including Area Code) Choose Problem(s) If other, please describe. Describe Approximate Address or Cross Street(s) of Problem Please describe your concern. Illicit Discharge, Flooding Field not completed BALLENTINE RD This is to report a significant impact to 5349 Ballentine Victor Township (the "Property") arising from the current and recurring failure(s) of the Looking Glass drain system. Although I understand that the County is already aware of this drain failure, this is to report: (i) the extensive damage to our personal property; (ii) the drain failures negative impact on our quality of life; and, (iii) our overall disappointment in the apparent responsiveness to this known problem. The failure of the drain breached the west edge of the Property causing extensive flooding and resulting damage to the house. Although we made extraordinary efforts to avert the damage caused by the floodinq (i.e. sandbaqs as the water 1

24 encroached), nonetheless, the damage from the drain's failure could not be averted. We are continuing to salvage our personal property damaged or lost to the drain's failure. Although the water has somewhat subsided from flooding the house, it continues to flood the Property. We respectfully request to be personally notified of: (i) plans to mitigate the current flooding; (ii) plans to address to remedy the recurring problem before it happens again. I would welcome the opportunity to discuss how we may support the county in taking corrective measures. Thank you for your consideration and I look forward to the courtesy of a prompt reply. not displaying correctly? View it in your browser. 2

25 COMPUTATION OF COST Looking Glass Joint (#00284 & ) Date 01/31/ /30/ /31/2017 Funds in Loan from Mrs. Lee Interest Interest $400, $ $ Total $400, Date D.O. Expenses 10/06/ Woodworth $ 16, /06/ LSG $ 7, /20/ Streamside $ /18/ Woodworth $ 1, /16/ (dependent Newspaper $ /16/ Ing Co #3095, #3164, & #3141 $ /16/ Woodworth $ 3, /16/ LSG $ 29, /15/ Woodworth #441 $ /15/ Chattaway pmt 1 $ 36, /15/ Dickinson & Wright # $ 4, /15/ Ing Co #3300 & #3254 $ /15/ LSG #2680 $ 12, /04/ Helicopter flyover $ /22/ Ing Co #3325 $ /22/ Woodworth #550 $ /22/ LSG #2789 $ 3, /16/ Ing Co #3439 $ /07/ Woodworth #662, #592, #705, #737 $ 6, /07/ LSG #3026 $ 4, /07/ Ing Co #3226 & #3459 $ /07/ Clinton Co: DR $ /08/ Chattaway pmt 2 $ 43, /08/ Livingston County $ /13/ Helicopter flyover $ /31/ Chattaway Pmt 3 $ 86, /31/ Wombat Pmt 1 $ 50, /31/ Woodworth #758, #820 $ 3, /31/ LSG #3115 $ 5, /31/ Ing Co #3569 $ /30/ LSG # 3138 $ 3, /09/ LSG #3175 $ 3, /09/ Woodworth #00838 & $ 7, /09/ Wombat Pmt 2 $ 26, /09/ Ing Co #3630 & #3631 (i"flrh4fvi only $ e~.,,.~~ $ 59, $260, Balance $ $ 55, $ 28, Total $360, $ 39, $ (15,379.39)

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