Saturday, August 29, 2015

October 25, 1973 Missouri State Land Survey Authority Meeting Minutes

STATE LAND SURVEY AUTHORITY
Minutes of Meeting
October 25, 1973

     The meeting of the State Land Survey Authority was called to order at 9:00 a.m., October 25, 1973 by Chairman Daniel Kennedy at the Land Survey Authority Building, Rolla, Missouri. Present besides Chairman Kennedy were James Anderson, Richard Barr, Willard Eckhardt, Larry Fellows and Robert Myers.

     Minutes of the September 27th meeting were reviewed. Paragraph 3, Page 1 was revised to read as follows:  "Mr. Myers called attention to an Executive Order concerning equal employment opportunities that had been received from the Office of the Governor. Dean Eckhardt will send a copy of the University of Missouri's affirmative action plan on equal employment opportunities for SLSA reference in adopting a plan as requested in the Executive Order." The last paragraph, Page 2 was revised to read, "....any request from the Attorney General (or other appropriate State agency), but until that time the SLSA cannot comment or take action." Minutes approved as corrected.

     A draft prepared by Arthur Jacobs entitled, "State Land Survey Authority Code of Fair Practices" was reviewed along with suggested changes drafted by Dean Eckhardt. Several additions and deletions were made. After complete review a motion was made by Mr. Barr, seconded by Mr. Anderson, that the Affirmative Action Plan be approved as revised. Motion carried. Mr. Kennedy and Dr. Fellows, in voting against the motion, expressed the opinion that the plan as presented was too voluminous and was not specific enough on timetable and goals.

     The revised SLSA Rules and Regulations and Personnel Policies and Procedures were reviewed and changes noted. Additional minor changes were suggested and approved. In Chapter 16.060, further inquiry will be made concerning carry over of compensatory time and Chapter 16.060 written in accordance with that finding. The Rules and Regulations and Personnel Policies and Procedures were approved as revised.

     The financial statement for October 1973 was noted. A transfer of "up to $3,000" to Data Processing from Surveying Services was approved.

     Mr. Myers reviewed the proposed Smithville Restoration Project, T. 53 N., R. 32 W., along with additional information received from Mr. Harvey Evans since the September 1973 meeting. Mr. Evans submitted the following cost for the project: Cost of survey, $23,149.72; additional monuments in gravel road, $65 each; additional monuments not in road, $40 each, or approximately $2,085.00. Approximate total cost of project is $25,234.72. Accuracy requirements and details of the project were discussed. Motion made by Mr. Anderson, seconded by Mr. Barr that this project be approved and authority given Mr. Myers to enter into a contract with Harvey Evans to complete the project. Minor modifications in the work detail can be negotiated by Mr. Myers in execution of the contract. Mr. Kennedy voted for the motion with the following stipulation: Mr. Myers will furnish to the SLSA a statement of accuracy required (what can be expected if corners are lost and have to be recovered, and what standard --rural, urban, etc.-- Myers expects to receive). Dr. Fellows and Dean Eckhardt abstained from voting. Motion carried.

     Mr. Myers requested approval of the following equipment purchase:

          Drafting Machine                250.00
          Survey Stands (2)             5,400.00
          Short Range EDM Equipment     6,000.00
          Camera (35 mm.)              11,000.00
          Processor                     4,280.00
          Densitometer & Accessories    1,000.00

Motion made by Mr. Barr that purchase of equipment be approved. Seconded by Dr. Fellows. Motion carried.

     All members reported that they had received a copy of the letter from Mr. Charles Valier acknowledging receipt of the memorandum concerning the Reorganization Bill. No further action will be taken at this time.

     The increased time factor involved in purchase approvals was discussed. An attempt will be made to allow for this time lapse in future purchases in order that the SLSA purchase schedule can be maintained.

     Mr. Myers reported that he and Mr. Jacobs had met with Robert Lee, Ed Hodge, and W. B. Heagler to discuss Capital Improvements. Mr. Myers reported that it appeared that the Capital Improvement contract would not follow the line items as approved in the budget. It was agreed that if the Capital Improvement request was approved by line item, an opinion should be obtained from the Attorney General's office before signing a contract not including all items as approved.

     Mr. Myers stated that he had talked to Mr. Peter Ruger, Assistant Attorney General, and that Mr. Ruger and the Attorney General plan to go to Nebraska in the near future to work out a settlement of the boundary dispute.

     Mr. Myers reported that a request for Mr. Brown to give a court deposition concerning surveys in Iron County had been received. Mr. Myers requested an opinion from the Authority on the policy the SLSA should adopt with court hearing procedures. Dean Eckhardt stated that procedure would probably vary in accordance with the type of request--whether the SLSA representative was requested to testify as an expert witness or a witness who had done the work. It was agreed that this should be cleared with Loren Wood, Assistant Attorney General.

     Mr. Myers requested approval to send a questionaire to all surveyors to obtain names of surveyors interested in entering into contracts with the SLSA. Request approved.

     The articles presented for review were approved for inclusion in the next issue of Survey Bulletin.

     Motion made by Dean Eckhardt, seconded by Mr. Kennedy that SLSA meetings be held the last Thursday of each month. Motion carried. The date for the next meeting is November 29th.

     Meeting adjourned at 4:45 p.m.


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transcribed by Steven E. Weible

Sunday, August 2, 2015

General Process for the Resolution of Property Boundaries


Preliminary Resolution

- Examine record information and put the pieces together.

- Are the calls in adjoining tract descriptions calling for the same thing?

- Are they calling for something different?

- What will control the boundary location?

- What will the field crew be looking for?

- Are there any red flags or discrepancies in any of the descriptions?

- Calculate search areas based on the reconciled record information.


Search for Evidence

- Find enough evidence to “get on the system” with your search coordinates.

- Based on the reconciled record information, look for called-for corners.

- Half the battle is knowing where to look.

- If you don’t look for it, it is almost certain that you won’t find it.


Evaluate Evidence and Reconcile with Record Information

- Did you find the evidence called for in the record?

- Do the field measurements match the record?

- If not, is there an explanation?

- Was there additional uncalled for evidence that sheds light on the boundary location?

- Can you reconcile the red flags identified in the preliminary resolution.


Revise Search locations and Search for more Evidence

- Revise your preliminary resolution to match the evidence found.

- Identify refined search areas where nothing was found on the first attempt.

- Identify additional areas to search when the search area must be expanded.

- Return to the field and look for more evidence.


Final Conclusion

- Did you find the original called for corners?

- Did you find original uncalled for corners?

- Did you find later uncalled for corners?

- Will you accept or reject what you found?

- For corners not found, which legal principles apply?

- Do you feel confident with your conclusions?

- Does the evidence support your decision?

- If evidence is lacking, is your conclusion reasonable? sensible? equitable?


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from presentation by Steven E. Weible on May 10, 2014

Saturday, August 1, 2015

September 27, 1973 Missouri State Land Survey Authority Meeting Minutes

STATE LAND SURVEY AUTHORITY
Minutes of Meeting
September 27, 1973

     The meeting of the State Land Survey Authority was called to order at 9:15 a.m. by Chairman Daniel Kennedy at the Land Survey Authority Building, Rolla, Missouri. Present besides Mr. Kennedy were James Anderson, Larry Fellows, Willard Eckhardt and Robert Myers. Richard Barr joined the group at 10:00 a.m.

     The minutes of the August 30th Authority meeting were approved as written.

     Mr. Myers called attention to an Executive Order concerning equal employment opportunities that had been received from the Office of the Governor. Dean Eckhardt will send a copy of the University of Missouri's affirmative action plan on equal employment opportunities for SLSA reference in adopting a plan as requested in the Executive Order.

     Mr. Myers stated that letters had been sent to Governor Bond, members of the House Reorganization Committee, and members of the Senate Reorganization Committee following the August 30th Authority meeting. Dean Eckhardt reported that he had talked to Mr. Charles Valier after he received the letter, and that Mr. Valier was more interested in the regulatory powers of the SLSA over other items mentioned in the letter. Mr. Myers stated that he had been contacted by Ms. Ann Tettlebaum for additional information, and copies of the SLSA advisory regulations were sent to Ms. Tettlebaum. Mr. Anderson reported that the Missouri Society of Professional Engineers would support the Authority in the Reorganization Bill.

     Mr. Myers brought the Authority up to date on action taken toward eliminating or raising the statutory limit on the State Surveyor's salary. Dr. Howe had talked to Mr. Charles Valier, Office of the Governor, and Mr. Valier had indicated that it was the intent to remove the statutory salary limits of the State Surveyor and State Geologist. Salaries of Department Heads would be set in the Reorganization Bill, and organization head salaries be adjusted accordingly. Therefore no action was taken by Mr. Myers.

     The Budget Request for 1975 was presented for final approval. Minor changes had been made after Mr. Myers' meeting with Mr. Steve Gurwell, budget analyst. It was agreed that a detail sheet on the user fee and budget requests through 1978 be submitted with the 1975 Budget Request. Budget approved for submission.

     The 1975 Capital Improvement budget request was approved.

     Expense summary for the month of September was noted.

     The following action on second quarter budget requests was taken:

     Personal Service request for $32,311.21. Motion made by Dean Eckhardt, seconded by Mr. Barr that request be approved. Motion carried.

     Equipment Purchase & Repair request for $32,282.00. Motion made by Mr. Barr, seconded by Dr. Fellows that request be approved. Motion carried. The following items were approved for immediate purchase:

               4 Microfilm readers
               1 4-Wheel drive vehicle

     Operation request for $55,467.00. Motion made by Mr. Anderson, seconded by Mr. Barr that Operations request be approved. Motion carried.

     Following approval of the quarterly budget requests, and prior to the arrival of Miss Julia Duke, the Missouri-Nebraska boundary dispute was reviewed and SLSA Members brought up to date on recent correspondence and telephone contacts with Miss Duke. Mr. Myers reviewed all previous activity he had encountered concerning the boundary dispute. It was agreed that the position of the SLSA is as follows: The SLSA is ready to cooperate and comply with any request from the Attorney General (or other appropriate State agency), but until that time the SLSA cannot comment or take action.

     Adjourned for lunch.

     At 1:30 p.m., SLSA Members met with Miss Julia Duke. Miss Duke outlined action that had been taken by herself and other parties involved in the Missouri-Nebraska dispute. Mr. Kennedy advised Miss Duke that the SLSA could take no action unless so requested by the Attorney General; also that at the present time the SLSA had no funds available for a project in the area. Upon request by the Attorney General's office, the SLSA would be ready to give technical assistance. Miss Duke indicated she had a better understanding of the SLSA position after meeting with the Authority.

     At 2:30 p.m. the general meeting of the SLSA resumed. Review of revised Rules and Regulations was deferred until the next Authority meeting.

     Mr. Myers reported that after a preliminary survey of contractors available for surveys to be executed for the National Park Service, letters were sent to M. J. Huffman & Associates and S. H. Smith & Co. requesting a design and proposal for the project. Mr. Myers requested approval to enter into two contracts totaling $11,675. Mr. Anderson made a motion that the contracts be approved, seconded by Mr. Barr. Motion carried.

     Mr. Myers reviewed a project including a majority of two townships to be completed by Mr. Harvey Evans under contract with the Corps of Engineers at Smithville, Missouri. Mr. Myers proposed that the SLSA complete either one or both of the townships, depending upon funds available. Mr. Myers requested approval to negotiate with Mr. Evans and return to the Authority for contract approval. Mr. Anderson made a motion that the request be approved. Seconded by Mr. Barr. Motion carried.

     Mr. Myers read a letter received from Mr. Teller, Bureau of Land Management, concerning the recording of BLM surveys. A proposed SLSA news release concerning delay of filing BLM surveys was reviewed. It was agreed that a copy of the news release be forwarded to Mr. Teller, requesting permission to include the release in the next SLSA Bulletin.

     The next meeting of the Authority is tentatively set for October 25th.

     Meeting adjourned at 4:00 p.m.


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transcribed by Steven E. Weible