On the 23rd of October I went to a meeting at the Arizona State Board of Technical Registration. During the course of this meeting one of the issues discussed was "street monuments" being reset by non-surveyors. This is a HUGE issue for every surveyor practicing in Arizona. These street monuments are primarily used to control the location of private property.
Therefore it is completely within the perveiw of the Registered Land Surveyor to reset them and file either a monument record or a Record of Survey. However, some feel that this is a function of construction and not surveying. Simply put this stance is wrong. It also came out that there was some question as to wether or not these monuments need a RLS number on them. Well the short answer there is, yes they do.
To my knowledge there is ONLY one government agency within the United States that doesn't need a state issued license to practice surveying (specific to boundary surveying) it is the US Deptpartment of Interior, Brach of Cadastral Survey. Therefore it is safe to assume that unless the BLM is setting street monuments anywhere in Arizona; those monuments need a RLS number on them. The Arizona Revised Statutes and the Arizona Adminstrative Code are very clear on this.
Anyone whom has endeavored to practice in this state has come across controlling monuments that fall in the street. Cities and Counties have been engaged for years in street improvement projects everywhere. Yet few if any, of the various agencies involved in this activity have paid much attention to the issue of destroying survey monumentation and replacing it. Many that have in more recent history are not paying attention to the legal ramifications of "non-restrants" putting these monuments back.
This is one issue that APLS needs to take on. However I don't think our releif is with the BTR. The BTR is not a policing agency for other goverment agencies. They regulate the practice of the professions they encompass. So where does the releif come from? It comes from educating the agencies guilty of the activity. APLS must be in a position to send a letter of concern to every agency that is either destroying the monumentation or replacing it with non-registrants. I beleive that educating these agnecies through their prospective legal councils is the key. The White Mountain Chapter of APLS did this with a Town up here and it worked. I beleive this is the key, not the BTR. So every Chapter of APLS needs to be vigilent for this.
So I propose APLS needs to draft a letter to every jurisdiction we know is in violation; addressed to either the County Attorney or the City Attorney (which ever) and the politicians that govern these agencies; addressing our concerns and attempt to educate. The White Mountain Chapter did it and other chapters can also. The bonus here is that APLS is the fall guy. No particular surveyor is on the hook (except maybe the chapter president or the chairman of the board); so the politics of the situation should not get in the way. However as an organization APLS needs to be proactive and take this on. Before we task the offenders with responsibility we, APLS, need to assume a leadership role in bringing the law and rules forward in an attempt to educate them. If at that point we get ignored; then we take it to the next level and file complaints to the legal authorities governing and overseeing these activities individually. But I would prefer that the attorneys advising these agencies would take our letter(s) to heart and advise those agencies to correct the behavior.
But again let me be clear; I don't think this is the job of the BTR. They police our activities. We need to let the Arizona Revised Statutes do the talking for us; not be a road block. Just a thought.
Dan,
ReplyDeleteThis most certainly is not anything that the board needs, or should deal with “period”.
It should be handled “By Law” and I have been meaning to write the Bill for a long, long time.
My “preliminary” thoughts on the title would be ”EMERGENCY MONUMENTATION AND BOUNDARY PRESERVATION ACT”.
One of the main points of the Bill, Law and/or argument would be for the protection of the public. The nuts and bolts that would be part of this Law (or Act) is that no City or County Inspector, ADOT, Municipality, Utility Company, Road (Street) preservation or improvement crew, etc. EVEN DURING AN EMERGENCY (such as a waterline break, sink hole, etc.) is able to even begin construction, repair, chip seal, etc. until a Registered Professional Land Surveyor or one of his Survey Crew’s is onsite. At a minimum to “tie off” existing monumentation, and to be able to recover additional “missing or buried monuments” whatever this may consist of therefore making the original or current location able to be retraced by whatever methods deemed necessary by said Survey Crew. Project will NOT be Signed Off as complete until ALL monuments have been replaced, etc.
All newly replaced monuments are set to BTR standards and Filing a Corner Record or a Results of Survey are also to BTR standards, and all associated fee’s are paid by the above mentioned municipalities, contractors or Governing Agencies.
During such time, the contractor, etc., who is onsite is to make all equipment and personnel available to the Surveyor in charge of the monument preservation portion of the project prior to the construction of any improvements or repairs. The only exception in my opinion would be a gas line break where public safety is at stake.
Failure to comply with the above, per the Act or Law shall incur a minimum fine of 10,000.00 dollars. These fines would be paid to a pre-determined agency. I love it when I see “on a GLO it could (never does”) cost a whopping 250 bucks.... For a Section or Quarter Section Corner....
“Fellow Surveyors” – 1) This needs to happen in some way, shape or form no matter what. 2) Also it will bring back the lost prestige and of the Land Surveyor - keeping at the front of the argument the protection of the PUBLIC. All costs are paid by the company or municipality involved in any of the above circumstances. Might as well go for “Davis-Bacon wages” too... I’d bet Donut’s to Dollars that 90% of the other onsite crew members are Union...
There could simply be an “on-call” number and someone will respond.
We have all experienced the following, but just today, while Surveying in a subdivision along Broadway Road near Rural. Broadway Road – brand new pavement overlay project recently completed. All the water valves – brought up..., all the sewer manholes – brought up... NOT 1 Survey monument ... this is a simple example...
I have discussed my thoughts with many of my peers and have gotten positive feedback from them.
Thoughts.... ???
Best,
Dane
I agree with you. The way the statutes read now do leave questions. I believe we need to educated the offenders with the existing laws. As we do that formulate a revision to the statutes that incorporates your ideas. APLS needs to form and fund a PAC so we can lobby for these type of changes. We, in my opinion are putting to much faith in the BTR. We need to be prepared to put our money where our mouth is and use the legislature to effect real change. Instead of asking the BTR; we need to be dictating to them. That means getting politically active and lobbying.
ReplyDeleteI agree with you. The way the statutes read now do leave questions. I believe we need to educated the offenders with the existing laws. As we do that formulate a revision to the statutes that incorporates your ideas. APLS needs to form and fund a PAC so we can lobby for these type of changes. We, in my opinion are putting to much faith in the BTR. We need to be prepared to put our money where our mouth is and use the legislature to effect real change. Instead of asking the BTR; we need to be dictating to them. That means getting politically active and lobbying.
ReplyDeleteWe had a company working for ADOT on an ADOT project, replace monuments in the wrong location with GPS using unstamped monuments. These were township corners that dated back to the early 1900's. I worked with the town engineer to have ADOT use one of their consultants to reset all those monuments. The process took an extraordinary amount of time and money to force compliance. Without the help of the town engineer, it would not have happened. I agree with Dan. It is a great place to start. ADOT should be on the top of our list. We should also revisit their antiquated policies concerning monuments and acceptance. Great post, Dan.
ReplyDeleteCheers,
J.O. Teague