Town Seeks County Aid “on the cheap” for Local Inspectors!

(Editor’s Note: See “Town: It’s Not Our Fault!” for background.)

From: “Stephen P. Archuleta” <stephen.archuleta@taoscounty.org>

Great article and thanks for your kind words on behalf of Taos County.

I do want to clear up a few issues that were brought up in the article. First of all I have never been opposed in helping the town with their planning and building inspections. I have just simply asked the town to relieve the county of all liability by previous inspectors who have worked for the Town.

The Town of Taos has over 100 permits open for over a period of 16 months and the previous inspector sometimes did his job and sometimes did not do his job. I cannot take on the responsibility and liability of what the previous inspector did or did not do. I asked the town to put it in writing and Mr. Floyd Lopez refused to put it in writing and stated that if we took on the inspections we take on the liability. This was definitely a sticking point for me and the commission.

The second issue that is at hand, is that the Town of Taos wants us to take on the inspections and the liability but is not willing to give us the budget to get it done. The Town Council and the Manager want us to do it for the building fees collected that is minimal when considering the training, health insurance and budget needed to employ these individuals. I have asked the town several times to put up the money to get this done, money that they already have in the budget, but they refuse to do.

So no this is not a pissing match between me and Rick. If the county is going to do the Job that the town is supposed to do, then the town should put up the funds to do the job, and second of all the county is not willing to take on any past liability that the town inspector failed to do or not do.

Please call me if you have any questions. I will forward you the latest MOU sent over by Mr. Bellis yesterday, and you will see that they still just want us to do it for the permit fees and they are not willing to provide budget.

Respectfully,

Stephen P. Archuleta
Taos County Manager

“There are people who make things happen, people who watch things happen and people who wonder what just happened”

Be a person who make things happen!

From: Richard Bellis <RBellis@taosgov.com>
Date: September 3, 2015 at 2:03:18 PM MDT
To: Floyd Lopez <FLopez@taosgov.com>

Subject: Proposed changes to MOU

Please review the proposed changes to the Town/County MOU for building permit services.

I believe that this addresses the indemnification concern, as the Town assumes all legal liability for any permit, inspection, approval, etc. or the consequence of any such action or approval for any work it did prior to the agreement and the County can nullify any open permit by requiring that they resubmit everything to the County for a new start over or directing them to CID, at their discretion. This leaves CID as the default process if the County chooses, at their discretion, not to do anything with the application, which is the process currently in place, as directed by CID.

I also added that the County can charge the County fee schedule, which was a concern that Jessica expressed, as their schedule is higher.

Please let me know ASAP if this works as I would like to get it to the County for their consideration at their next meeting.

Rick

MOU

AMENDMENT 1

TO MEMORANDUM OF UNDERSTANDING DATED JUNE 14, 2013
BETWEEN TAOS COUNTY AND THE TOWN OF TAOS
FOR BUILDING INSPECTION SERVICES

For and in consideration of the mutual promises and agreements contained herein, Taos County (the County) and the Town of Taos (the Town) hereby agree to amend the above referenced Memorandum of Understanding (MOU) as follows.

This amendment shall be effective for a period of 90 days twelve (12) months beginning when signed by both parties and approved in writing by the New Mexico Construction Industries Division (CID). It shall be the responsibility of the Town to obtain CID approval.

This amendment shall automatically terminate at the end of the term unless approved for a longer term by the governing bodies of both parties and in writing by the New Mexico Construction Industries Division (CID).

This amendment may be terminated by either party upon delivery of written notice to the County Manager or Town Manager with an effective date of termination not less than 30 days prior to the receipt of such notice by the respective manager.

This amendment shall apply only to processing applications for building permits which includes building plan review, the issuance of building permits, building construction inspections and the issuance of certificates of occupancy.

In connection with the performance of such services by the County within the Town limits, Exhibit A to the MOU shall be suspended for the term of this amendment and the County shall be permitted to charge the County fee schedule for such services and to retain such fees. The Town shall not owe the County any additional consideration for performing such services.

In connection with the services set out in Paragraph 4 above, in addition to the terms of the MOU, the paragraphs that follow herein shall govern the obligations of the parties. To the extent that the terms of the MOU and the paragraphs that follow herein are inconsistent, the paragraphs herein shall prevail.

The County shall not be responsible for taking any enforcement actions in connection with building code violations within the Town. The County shall not be responsible for investigating or inspecting alleged building code violations within the Town except in connection with inspections it performs in connection with building permits that it has issued pursuant to this amendment.

The County shall not be responsible for performing any zoning review or inspections or otherwise applying or enforcing Town zoning or other Town land use regulations either in connection with building permit applications or otherwise.

All applicants for building permits shall first have the proposed construction reviewed by the Town Planning Department for compliance with Town zoning and other land use regulations. Applicants shall obtain a written zoning clearance from the Town and present such zoning clearance to the County before the County shall be required to process a building permit application for construction within the Town.

The Town shall defend, indemnify and hold the County harmless from any claim or cause of action alleged against the County arising in any way from the subject matter of the MOU or this amendment.

The Town of Taos shall assume all responsibility for and any action occurring from any permits, inspections, approvals or denials issued by the Town or Town staff prior to the date the County begins to issue permits and conduct inspections under this agreement.

In the case of any permits issued by the Town that remain open at the initiation of this MOU, the County may, at its sole discretion, require resubmission by the permit holder to the County for a new permit and the collection of the associated County permit fee(s) for the permit and permitting process, or may direct that the permit holder seek completion of the process exclusively through NM CID, as is currently the process the Town is following as directed by NM CID.

The County will use the County approved Building Permit Fee schedule for building permits covered by this agreement.

By mutual consent the parties to this MOU may amend the terms of this agreement should they deem so as necessary to better effectuate the process described therein.

AGREED:

______________________________ _______________________________
Stephen P. Archuleta Date
Taos County Manager

_______________________________ _______________________________
Richard P. Bellis Date
Town of Taos Manager

APPROVED AS TO FORM:

_______________________________ _______________________________
Robert J. Malone, County Attorney Date

_______________________________ _______________________________
Floyd W. Lopez, Town Attorney Date