The Point of Commencement - When to Ignore it...

Every metes and bounds legal description has either a point of commencement or a point of beginning.  In my little part of the world the point of commencement is usually a section corner, 1/4 corner, sixteenth corner.  I am sure most of readers of this blog have seen them.

Well the other day I was working on survey here in the metro Springerville area and it was a good survey day.  GPS was working fine.  My preliminary research was panning out.  It was a good field day.  Typically I gather field data and process it in CAD.  Then I will run in the legal description based upon the control and start to evaluate the record versus the gathered data.  In so doing I have noticed a curious oddity.

On this particular survey the occupation seem the fit the description really well.  All of the occupation appeared harmonious and my contact with the adjoining land owners did not reveal any concerns.  All was well in the neighborhood.  Plus it looked good on paper also.  So I began to enter the deed based on my observed control; in this case a section corner.  The pedigree on this section goes back to the GLO 1875 survey so there is no doubt as to it's location.  Anyway, the deed commences at the section corner and runs west along the section to a point then north to the POB.  Then it runs around the property with only bearing and distance; no descriptive calls at all.  Then it closes back and the math works.

Then it happens.... As I am looking at the boundary by occupation compared to the deed boundary there is a 27 foot ambiguity in departure.  So first I look for fat-finger busts - nope.  Then transposed deed calls - nope the deeds calls generally work with the adjoining deeds.  So then I grip the deed boundary (in CAD) and slide it to the observed boundary and it fit; except for the call to the section corner.  So rather that stake the deed and create havoc.  I ignored the call to the section corner and followed the rest of the deed.

Moral of the story.... Sometimes it is necessary to ignore parts of the legal description to protect the intent of the deed.  My 2 cents anyway.

And to my compadres in the south VIVA LA SALSA!!!

The Mayor has Left the Building

It is official.  I am now the former Mayor of Springerville Arizona.  24 months in city government and never been elected.....or on a ballot.

Here's what happened.  I had been working working with the town's community development coordinator on several issues.  One day she asks me if I would be willing to fill a vacancy on the planning and zoning commission.  At first I thought; NO.  Then I thought about it and decided that an informed opinion may be what the commission needed.  P&Z was fun.  6 months in, find out that a city council member is resigning so he can run for Mayor.  The current Mayor asks me if I would be willing to fill the vacancy on the city council.  So I go from Commissioner Muth to Councilman Muth.  So after a month the newly elected Mayor asks me if I would be his Vice Mayor.  So I accept.  Then after 3 months the Mayor resigns and ta da; I am the Mayor.

Some Highlights during my political career -
June 2010 - Plane crashes into the High School Killing all on board
June 2011 - The Wallow fire
August 2011 - The flooding caused by the fire.
Personally met with: Govenor Brewer, Senator Kyle, Senator McCain; Representative Flake, Representative Gosar - Because of the fire.

Between town stuff and surveying I am a tired boy......


Be safe this Memorial Day. And to my Compadres in the South - Viva La SALSA....

How Do We......

Here is a fundamental question that I have been going back and forth with in my head.  How do we improve the profession of Surveying without undo regulation?  It has been my observation that most of the surveyors I know are working at a pretty high standard that they have set for themselves.  This self imposed regulation is above the state required minimum; and the public benefits.  Yet there exists amongst us a group of practitioners that exist to get by with the minimum allowable.  We know who they are; we know where they are; we know what they do; we know they get away with it.  How do we fix it? or Do we fix it?

I am an advocate of MANDATORY continuing education.  That is no secret.  I personally believe that education is the key to raising the level of practice.  It isn't about APLS having a monoploy on seminars or the like.  The internet killed that idea.  Education is the key.  I honestly believe that most of the substandard practitioners out there do so because that is how they were trained.  I have seen examples of these ill-trained technicians get licensed and start to educate themselves and turn out to be good surveyors. I believe that once a person learns what they should be doing they quickly adjust what they are doing.  As far as the mandatory part.  Well quite simply some people have to be told they have to before they will.  Anyone that has children or had children knows exactly what I am talking about.

So now we face a question in Arizona...Do we change the minimum standards?  To be honest I am perched firmly on the fence.  On the one hand hand I agree that the current standards need to clarify some grey areas.  On the other hand I don't want the standards to micro-manage my practice.  There needs to be flexibility to make professional judgement.  If we kill professional judgement by over standardizing then we are a trade and not a profession.  I have loosely been apart of reviewing the draft of the new standards and can live with most of what is in there.  However I do not like the fact that the reason this is even coming up is because of people gaming the system.  Then again this isn't about what I like or dislike; it's about improving the profession.  So my internal boxing match shall continue.

Let me go back to professional judgement.  I think professional judgement is, at the end of the day, the final word.  Standards can be written but judgement is the key. Judgement is the why we do what we do.  Standards dictate how.  Standards cannot regulate judgement.  Nor can they fix faulty judgement.  Education is the key to bringing a positive change to faulty judgement.  In my ever so humble opinion.

Where does APLS fit in?  Well friends and neighbors I am here to tell you.  First and foremost; there is no reason that anyone should be excluded from APLS.  If you feel the dues are to high then let's address it.  If the Board of Directors needs fixed; let's address it.  If APLS has problems then the members need to fix it.  If the Board of Directors is made up of representatives from each chapter then there should be no disconnect between the chapters and the Board of Directors.  UNLESS of course directors tell one story at the chapter meeting and then tell a different story at the Board of Directors meeting.  We need a clear and honest picture of who we are; where we are going; and how we are going to get there.

So here is my vision:
1.  Mandatory Continuing Education will/can raise the level of professional judgement through education.
2.  The Minimum Standards do need to be updated at some level.
3.  The requirements for licensure in Arizona are no longer sufficient to define minimum competency.
4.  More interaction with the Board of Technical Registration to address violations and enforcement.

And to my Compadres' in the south.... Viva La SALSA!!!!!!      

At the Conference

Well I did just as I said I would.  I did not camp out in the Boundary portion of the seminars.  I branched out and attended mostly GIS stuff.  I will confess it was eye opening to see what is available.  Jack Avis opened my eyes the most and for that I am thankful.  I remember Jack from the early days of APLS before he went to Texas.  He was the most beneficial.

The Bylaws of APLS have changed and the Board of Directors is now mandated to become smaller.  This in my opinion is a good thing.  I never really understood why we sent 2 people from every chapter to the Director's meeting anyway.  My father was the President APLS when the senatorial system went into effect.  The bylaws also NOW allow electronic meetings.  Now this was forward thinking 10 years ago.  Old dogs die slow.  The rest is pretty much the same.

This next part is targeted specifically at the surveying community in the Metro Phoenix area.  Why is there only one chapter of APLS down there?  Up here it is understandable a few surveyors in a large area means travel to the meetings.  However down there; most of the in-state RLS's reside in the metro area.  So why hasn't the East Valley formed up, West Valley, North Valley or the like.  I would venture to guess that the surveyors in Payson and Globe would rather drive to Mesa than Show Low.

And where are the guys from Yuma?  why do we never see them.  Is it because of California being on the other side of the river?

Finally why is APLS turning people off?  I understand that not everyone will be like minded.  If it is stagnation at the chapter level then we need to get new chapters started that clear the baffles.  APLS should be bringing people in not turning them away.

Also heard rumblings about the licensing fee should be raised.  I agree with this.  What I pay for 3 years in Arizona isn't 1/3 of the annual fee I pay in Texas.  "That which we obtain to cheaply, We esteem to lightly..."  If Arizona BTR does raise the fees then APLS needs to drop theirs.  Just saying...

To the esteemed gentlemen I spent most of my free time cussing and discussing with (and you know who you are) I truly enjoyed the discussions.  I especially like it when the conversations get real.  I had fun and wish I could see you guys more often.  Viva La SALSA..........

Going at it Alone

When my career started as I have stated earlier I was a cheap means of help for my father.  Then I grew to love what I was doing.  After college I had somehow been convinced that the best place for me was a secure work environment that could offer benefits like vacation and sick leave; health insurance; and the like.  I was so convinced that the thought of going home and working with my father was out of the question.

So for about 15 years, I worked in the sweat shop environment of the large Surveying/Engineering company.  I learned the the hard way about office politics.  I suffered greatly for telling the boss the truth instead of what they wanted to hear.  The removal from a project because myself and the earthwork superintendent could not see eye to eye.  But the worst thing of all.  The single worst event that burnt me was when I had attained the position of project manager.  I was on top of the world.  In my early 30's supervising 5 survey crews; I was on top of the world.  Then it happened......

You know that statement we put on our plats that says "this plat and the survey on which it is based was done under my direct supervision........" Well guess what.  I found out that it is IMPOSSIBLE to directly supervise 5 crews every day.  It is also impossible to directly supervise drafting personnel also.  Here is what lead me to believe this..

I had a party chief that resented the hell out me.  He wanted to be the P.M. but had no education and no licensure.  He was a good hand but had serious passive aggressive tendencies.  So I had to watch him like a hawk; and I did.  However that prevented me from giving the other crews the supervision they needed.  Dennis Mouland in a seminar years ago stated that "we all have skeletons in our closet; we just hope they never surface". To make it simple I started to discover that some of the work performed under my "direct"supervision wasn't being performed the way I had directed it; if at all.  Then I began to feel like the world was on top of me.  Mistakes were being made by the crews; I took the responsibility as their supervisor; the upper management needed a whipping boy so there you go.  The management loved the income the crews generated; but hated the costs associated with "fixing" mistakes.  I made them fix the mistakes I found; the boss hated that; but hey, it was my license on the line.

One day sitting at my desk; my phone rings.  It's dad.  He never calls me at work.  He is getting out and want to know if I want the business.  So with Johnny Paycheck ringing in my ears I pack up the family and headed home.

Instantly I am a solo-surveyor.  This is how it was meant to be.  I can testify in court about work I certified because I did it.  I can give clients details about their property because I have been there.  I can stand nose to nose with a dirt contractor because I did the staking.  I can answer the hard questions because I did the research.  I don't know of many other professions that let employees do their work for them.  Can you imagine a Doctor sitting in his office supervising a surgery with a cell phone.  A lawyer supervising his clients trial from his office.  An accountant supervising your tax preparation and business accounting from another city.

In our rush to become recognized as professionals we headed straight for the office.  But this business is a dirty, gritty, hands on, blood, sweat, and tears profession.  How can we exercise professional judgement based on data we are being fed.  Instead of data we have gathered.  I believe that in order to do our jobs correctly we as professionals have to have boots on the ground and eyes in the field.  Of course in my case; my rod man is an RLS and has 45 years of experience.  

   

Continuing Education

As our profession moves forward; it appears that the State of Arizona is embracing the question of Mandatory Continuing Education.  When this question is first asked it brings some pretty fierce opposition from some.  I suppose the idea of making professional development mandatory is not an idea that many are willing to embrace warmly.  However the idea of professional development is nothing new to the practicing surveyor.  For most it is already happening.  So the real question is whether or not it should be MANDATORY.

This is where we as a profession have got to get a grasp on the fact that we do not live in bubble.  We do not live in a shelter of comfort.  Our standard of practice has to evolve to meet the challenges brought on by outside forces.  The principles we use to practice do not change.  But the standard of practice does change and must change with the technology and methodology.  Therefore professional development is a must.  Most of us already do it.  But unfortunately some do not.

Creating a system of measuring professional development is challenge.  Evaluating professional development is also a challenging proposition.  However the BTR is the avenue to address both of these.  The concerns that have been brought to me are:
     1.  How do measure if anything is learned?  Answer:  Over time the level of proficency should increase.
     2.  What course work will be acceptable? Answer:  Any facet of education that promotes educational development that promotes the surveying profession.
     3.  How will the professional development be credited?  Answer:  It is a self reporting system upon renewal of licensure.
     4.  How will the professional development be auditted?  Answer:  Randomly and if a complaint is filed.

This system is the least intrusive and places the most responsibility on the practicing surveyor.  Making this system mandatory validates the efforts of those whom are doing it already.  And brings online those who do not.  As a part of this system a regular review of the standards and statutes will be also mandatory.  The APLS website (http://www.azpls.org/associations/1444/files/continuing%20education%20update%202-2011.pdf).  I encourage everyone to review this proposal to the BTR.

The Professional

I have always looked at other Land Surveyors as colleagues.  The reason for this is I believe that in a utopic world all Land Surveyors should have an open dialog with each other.  If a colleague can complete a project at a fee lower than mine so be it.  To me this is not competition.  Now of course this is based on the assumption that all Land Surveyors are playing by the same rules.  If they are not; then action must be taken.  The minimum standards are the benchmark.  So the standard of practice starts there.

So when it comes to participating in a professional association I have generally experienced a positive membership. As colleagues we should participate in an association as a means of giving information from and getting information to other Land Surveyors.  The association can be a great way to do this.  

The word professional implies that the person who bares this title has; education in a specialized field, standards, and ethics.  I have  met a few people in my travels that were self proclaimed professionals that lacked one, two or all three of these traits.  If we are to proclaim ourselves as professionals then we have got to take responsibility for our actions both in and out of surveying.  If we consider ourselves as professionals then we have the responsibility to be a professional 24-7.  Not just at association meetings.  As professionals we should not be cutting each other off at the knees and trying to put the other RLS out of business.  

When I became a father I figured out early that my children were watching and learning from me even when I wasn't trying to teach them.  They observe my every move and take note how I react in different situations.  I am of the opinion that the general public observes the Land Surveying Profession the same way.  So they observe our antics both good and bad and formulate opinions.  Yet we as a profession have a tendency to go the extra mile showing  the public how good we can be at poaching each other.  

In closing I want to say; we cannot improve, we cannot move forward; we cannot grow without opening the door to the closet that holds the dark secrets we harbor and shed light on them.