Volume 32 Number 2 Summer 2008 - LSAW · By.Ben.Petersen,.President For” was written with...

EvErgrEEn StatE

Land SurveyorS’ aSSociation of WaShington • Washington State Section of american congreSS on Surveying & mapping

Volume 32 Number 2 Summer 2008

Surveyor

In this issue:Conference RECAP Right of Entry In the Profession

NORTHWEST

SNOHOMISH

SOUTHWEST

LOWER COLUMBIA

NORTHCENTRAL

NORTHEAST

INLAND EMPIRE

NORTH OLYMPIC

SOUTHPUGET

SOUND

NORTHPUGETSOUND

CASCADECOLUMBIA SOUTH

CENTRAL

kukrank_Mar08_wa_ad.ai 138.00 lpi 45.00° 3/25/2008 2:59:02 PMProcess Black

Summer 2008 Evergreen State Surveyor �

President................................................. Ben.PetersenPresident.Elect.......................................Scott.ThomasVice.President.............. Michael.(Mick).Sprouffske,.Jr.

Secretary-Treasurer............................... Bryan.Thorp.Past.President.................................................Jim.MainExecutive.Director................................Anne.Koenen

Cascade Columbia.Richard.L.Wehr.......................................................(509).575-6990Inland Empire.Jon.A.Gordon..........................................................(509).893-2617Lower Columbia.Howard.S.Richardson...........................................(360).695-1385North Central.Shawn.P.Fitzpatrick................................................(509).782-2441Northeast John.M..Shackelford.................................................. 509.925.0941North Olympic.Brad.R.Lymangrover..............................................(360).417-0501

LSAW ChApterS & 2008 preSidentSNorth Puget Sound.Seth.D.O’Hare........................................................(425).483-5355Northwest Adam.J.Nelson.......................................................... 360.671.7387

South Central.Peter.H.Kowatsch..................................................(509).374-4248Snohomish.Phillip.T.Abenroth...................................................(425).869-9448South Puget Sound.Daniel.R.Price.........................................................(253).875-8075Southwest Steven.B.Ivey.............................................................. 360.918.5312

Land Surveyors’ Association of Washington (LSAW)

Address.all.correspondence.for.LSAW.to:.Land Surveyors’ Association of Washington.

424.205th.N.E..•.Sammamish,.WA.98074-6942.Phone:.425/868-0200. Fax:.425/868-1771. e-mail:[email protected].

Homepage:.http://www.lsaw.org

Address.all.material.for.magazine.to:.Editor/Publisher:.Aaron.B..Blaisdell.

Evergreen State Surveyor.PO.Box.110700.•.Tacoma,.WA.98411.

Phone:.253/404-0983. Fax:.253/404-0984.. e-mail:[email protected]

Washington State Section, American Congress on Surveying and Mapping (WSS/ACSM)Chairman:......................................................................Gary.GervelisVice.Chair............................................................................Tim.LeachSecretary:....................................................................... Hugh.Nelson

Treasurer:....................................................................... Julie.MorlandPast.Chair.....................................................................David.George

Address.all.correspondence.for.ASCM.to:WSS/ACSM.

P.O..Box.372.•.Bellevue,.WA.98009-0372.•.www.wss-acsm.org

LSAW AUXILIARYPresident,.Delores.Demeyer..................................... 360-410-1973Vice.President,.Lucille.McGinnis............................... 360-871-3000Secretary,.Donna.Garland.......................................... 253-638-6252

Treasurer,.Maxine.Cray............................................... 360-675-1196Scholarships,.Vicky.Thalacker..................................... 360-378-4578

Opinions.expressed.by.individual.writers.are.not.necessarily.endorsed.by.the.officers.or.board.of.LSAW,.the.officers.or.board.of.WSS/ACSM,.or.the.editor.of.this.publication..Articles.may.be.reprinted.with.due.credit.given.to.the.author.unless.otherwise.indicated.at.the.beginning.of.the.article.

We.request.all.ads.and.material.(graphics,.fonts,.etc.).be.furnished.on.a.CD.or.emailed.in.a..doc,..pdf,..eps.or..tiff.format..We.readily.process.materials.created.in.Adobe.Pagemaker,.Illustrator,.Freehand,.Photoshop,.Microsoft.Publisher,.Microsoft.Word.

Advertising PolicyThe.magazine.is.published.quarterly.by.LSAW.and.accepts.advertising..Ads.should.be.page-ready.copy.for.photo-offset.printing..The.rates.are.as.follows:

Size Yearly Single IssueFull.Page....................... $466.Gray.Scale,.$885.Full.Color. $148.Gray.Scale,.$250.Full.ColorHalf.Page...................... $326.Gray.Scale,.$620.Full.Color. $104.Gray.Scale,.$175.Full.ColorQuarter.Page.............. $163.Gray.Scale,.$310.Full.Color. $52.Gray.Scale,.$88.Full.ColorDeadlines.for.material.and.advertising.are.one.week.after.each.Board.of.Trustees.(BOT).meeting.(see.the.calendar.on.back.cover.for.those.dates)..Running.an.ad.does.not.imply.endorsement.of.the.advertiser.by.LSAW.or.ACSM..The.editor.reserves.the.right.to.not.accept.ads.or.other.material.which.may.be.in.poor.taste.or.conflict.with.the.policies.of.LSAW..Courtesy.copies.are.traded.with.other.state.and.provincial.organizations.

Layout and graphics in this publication are largely from Kellie Ham Type&Graphics, 253-843-9436. Printed by Doyle Printing, 253-531-7087.

Table of Contents

From the President .....................3–4

From the Editor ..................................5

Highlights of the LSAW Board of Trustees Meeting May 8, 2008 ................6–9

Right of Entry ..... 13–16

Not for Gold or Adventure— Only for the Love of Surveying .......................19

Post-Conference Opinion Poll Results .............................20

What Really Happened .....................22

In the Profession ........23

Government News ...................... 26–27

And Much More…

ABOUT THE COVER:Lower Columbia Chapter Associate member John Thompson and his son Trent (upper left) mapping a pond this year and son Alec (bot-tom right) holding the staff in 2007 on “Take your Child to Work Day.”

2 Evergreen State Surveyor Summer 2008


I thought I would share with you some dis-parate, some would say weird, thoughts about our profession:

Thought No. 1: My daughter is headed off to college this fall. She has, perhaps wisely, cho-sen not to follow in my career footsteps. It’s not sexy enough and besides she doesn’t really understand what surveyors do, and doesn’t re-ally care as along as the business of surveying keeps the Bank of Dad well stocked. But life has a way of throwing you curve balls so you never know. But for now, like all teens, she knows everything… except how to make a living. I’m not entirely sure college will solve that.

Her decision brings to mind what I’ve contended for years: We haven’t really done a good job of promoting our profession. We take too much of it for granted, yet very few professions have a more interesting mix of skill sets. They make hit TV shows showing someone probing dead bod-ies for murder clues. Not my idea of a great job. Can’t we top that? Surveyors get to enjoy the out-doors, play with satellites and the latest gee-whiz gadgetry, we get to be detectives and archeolo-gists sifting through hundred-year-old clues, we

get to explore t h e w o r l d and stand on m o u n t a i n tops. Let’s sell that. We need to do a better of promoting the diversity of our pro-fession. We need sexy, or at least excit-ing. And no dead bodies, please.

Thought No. 2: I recently heard Johnny Cash singing “I Walk The L i n e ” a n d w o n d e r e d what other popular songs have “survey” connotations. Certainly U2’s “Still Haven’t Found What I’m Looking

From thE PrESidEntBy.Ben.Petersen,.President

For” was written with surveyors in mind. Woody Guthrie gave us a lesson in property rights with “This Land Is Your Land”, but the Guess Who thought we should all “Share The Land”. Of course when the government exer-cises their right of eminent domain it simply becomes Chuck Mangione’s “Land Of Make Be-lieve”. Credence Clearwater has us “Down On The Corner” and the Beatles have us patching asphalt in “Fixing a Hole”. I’m not sure if Brewer and Shipley’s “One Toke Over The Line” quite applies. Know any other survey songs ?

Thought No. 3: This came to me several years ago: Science Discovers A New Element: A major research institution has announced the discovery of the heaviest element yet known to science - “governmentium.” It has 1 neutron, 12 assistant neutrons, 75 deputy neutrons and 111 assistant deputy neutrons for an atomic mass of 312. These 312 particles are held together by forces called morons that are further sur-rounded by vast quantities of lepton-like sub particles called peons.

Governmentium has no electrons and is there-fore inert. It can be detected, however, since it impedes every reaction it comes into contact with. A tiny amount of governmentium can take a reaction that normally occurs in seconds and slow it to the point where it takes years.

Governmentium has a normal half-life of three years. It doesn’t decay but “re-organizes”, a process where assistant deputy neutrons and deputy neutrons change places. This process actually causes it to grow as in the confusion some morons become neutrons, thereby form-ing isodopes. This phenomenon of “moron promotion” has led to some speculation that gov-ernmentium forms whenever sufficient morons meet in concentration forming critical morass. Researches believe that in Governmentium, the more you re-organize, the morass you cover.

Thought No. 4: Here’s some weasel statements I would love to see. 1.) We pulled this bound-ary solution out of thin air. Several solutions are possible. We picked one. 2.) We did the best we could to show the utilities on this map. But, hey, guess what, we can’t see underground. Only Superman can, and he doesn’t work for us. 3.) The boundary and right-of-way lines you see on this map are a cartoon. If you had paid us to do a real boundary survey your pocket-book would be a lot lighter but you’d be able to rely on them.

(Continued.on.page.4)

“We need to do a better of promoting the diversity of our profession.”

The LSAW Legacy Project -Capturing the History of

Surveying in Washington StateYour LSAW is exploring the publication of a Who’s Who / History of Surveying In Washington State. Active sur-veyors will be provided the opportunity to submit their biographies and photos, and become part of the unique legacy of surveying in the Evergreen State. Most im-portantly however we need to track down biographies, obituaries, photos, documents and other information pertaining to past surveyors. We are just in the “let’s-see-what’s-out-there” stage of the project but if you have any leads on families, widows and friends of past surveyors and survey firms, please let us know.

Did you help survey a Washington landmark ? Or work for some of the great survey firms of the past? Do you have some personal memories or unique survey ex-periences to share? Help us capture history. You don’t need to be Hemingway, just brief bulleted memories will do.

E-mail [email protected] or call (425) 313-9378 or fax to (425) 313-9379 and let us know you have some-thing to share. Be part of history.

� Evergreen State Surveyor Summer 2008

Thought No. 5: Is it just me? I worry when someone sends me a resume and they’ve only worked one or two places in their career. What’s wrong with them? Especially in this business. I think it’s a sign of a weak character.

Thought No. 6: Some things I’ve given up on: 1.) Understanding the TV Guide. 2.) Trying to look hip. 3.) Understanding the words, purpose and appeal of rap.

Thought No. 7: And finally, with my apologies, I present “A Few Good Surveyors” with Jack Nicholson and Tom Cruise.

Surveyor: You want answers? Contractor: I think I’m entitled to them. Surveyor: You want an-swers?! Contractor: I want the truth! Surveyor: You can’t handle the truth!! Son, we live in a world that has some pretty lousy engineering plans. And we have to work with those plans. And those plans have to have survey control and geometry that actually works. Those curbs have to actually fall next to the curb inlets. Who’s gonna stake it? You? You, Mr. Contractor? I have a greater responsibility than you can pos-sibly fathom. You weep about delays and you curse when you call the night before and we can’t get a crew there first thing in the morning. You have that luxury. You have the luxury of not knowing what I know. Those crews have to turn engineering garbage into something

that actually fits and flows. Those 3-foot tall curbs were wrong and we had to change them. While tragic, it probably saved lives. And my existence, while seemingly expensive and un-necessary to you, saves lives…You don’t want the truth. Because deep down, in places you don’t talk about at parties, you want me to point out the mistakes. You need me to make the plans work. We use words like hub and lath, invert, and cut & fill …we use these words as the backbone to a life spent providing grade and alignment for the comfort of the public. You use ‘em as a punch line at a party.

I have neither the time nor the inclination to explain my surveying and staking to a man who rises and sleeps under the blanket of a neatly aligned and vertically correct world that I provide, then questions the manner in which I provide it! I’d rather you just said thank you and went on your way. Otherwise, I suggest you pick up a sledge and some hubs and start pounding. Either way, I don’t give a damn what you think you’re entitled to!

Contractor: Did you stake my curb offsets? I have concrete waiting. Surveyor: (quietly) I did the job you hired me to do. Contractor: Did you stake my curb offsets? Surveyor: You’re damn right I did!! but your backhoe knocked them out.

Yep, kind of ridiculous. Or is it?

President Message (continued)

Custom orders your way … when you need them.

When your name is on it, our name is behind it.

Berntsen delivers.

Your deadlines deadlines

The professional’s choice in survey products • www.berntsen.com • 877.868.9176

areour


From thE EditorBy.Aaron.Blaisdell,.PLS,.Editor

The mentoring program throughout the survey community has taken a new turn in recent years. The individuals coming

up through the ranks are computer savvy and technology minded. After all, how often do you see a teenager without a cell phone in their ear? These individuals are eager to learn the com-mands and menus of our instruments; however, they lack the interest to understand the principles behind surveying. It you don’t believe me, just ask one. I was at a recent high school basketball game and I mentioned to a parent that I was a surveyor. The reaction from a student sitting nearby was a classic one. I spoke of the high-tech gadgets that we use and his eyes got enormous. When I talked about the history and legal issues, his attention went elsewhere. It was amazing to see the transition of his interest level.

This also follows a documentary on “Changes of the Generations” that I watched months ago. For ease of discussion, I’ll call the interviewees Mike and Steve (not their real names). The story was about the work ethic and drive of the newer gener-ation; sometimes referred to as “Generation Next”. These individuals were in their mid-twenties, both had high paying jobs and were still living at home after college (neither wanted to own a home right now because of the notion of being “tied down”). Mike had no savings plan because all of his money was spent on cell phones, computer games and sports cars. When asked about whether or he had health insurance at his workplace; Steve in-dicated that it was offered but he turned it down for the extra monetary compensation. Both stated that their work hours were “varied” based on the amount of work. Steve consistently came to work at 10am and left at 3pm; whereas Mike only came to work Monday through Wednesday. The

remainder of their typical workday was spent working from home. Fur-thermore, neither cared if they got laid off or fired; they would just go down the road and get a new job. The interviewer then asked five CEOs from Fortune 500 companies if they were shocked by the work ethic and ideals of Mike and Steve. Initially, they all were; how-ever, they quickly adapted when they noticed production to be at its lowest.

The companies soon offered “flex time”, man-datory personal time off and fun days. A few companies even developed game rooms within their office space and in doing so, the company’s production sky-rocketed.

During our careers, we often find ourselves in a position to mentor. We need to adapt our men-toring programs to fit the generation and not the other way around. Our future employees do not have the same “drive” or work ethic that we are accustomed to. We need to focus on the needs of the “newer” generation like the companies from the documentary. Granted, most surveying companies are not the size of the Fortune 500 corporations; however, the individuals that we employ are the same.

I welcome you to the 2008 summer issue. When reading the articles and ads, notice how our profession continues to change. Our future em-ployees are not the same as those twenty years ago. Following the “Change or Die!” attitude; we, as surveyors need to change how we mentor or we’ll die!

Enjoy!

LEttErS to thE EditorDear Editor,

In reading this spring’s issue Volume 32, I glanced at the article on page 32 as extracted from the Side Shot newsletter issued by the Professional Land Surveyors of Colorado for computing the sine and cosine of an angle as expressed in radians. There appears to have been a typo in the formulae for each equation as neither equation as written is a function of the angle itself. This in its self is what caught my eye.

The following correction is provided in case someone shook their head at this also or, for some reason wants to program this into one of their routines.

Sine x = x -(x**3)/3! + (x**5)/5! - (x**7)/7! + ……… Cos x = 1 -(x**2)/2! + -(x**4)/4! -(x**6)/6! + ………

The articles point is well taken however, but the math just does not work out.

Thanks, Gerrie DeGross, DeGross Aerial Mapping, Inc.

(Editor’s Note: In processing this article and with other articles involving symbols, the software must change things around. I offer many apologies’ for the confusing article. I’m not sure how it happened, it just did. I guess that I can ask Mr. Gates during our next round of golf.)

� Evergreen State Surveyor Summer 2008

highLightS oF thE LSAW BoArd oF truStEES mEEting mAy 8, 2008Respectfully.submitted.by.Anne.Koenen,.Executive.Director—LSAW

Call to Order: At 10:00 a.m. the meeting was called to order by President Ben Petersen.

Roll Call: By call of the roll it was determined a quorum was present. See list at State Head-quarters for names of those present.

Approval of Minutes: By MO-08-09 it as MSP to approve the minutes of the last meeting as distributed.

President’s Report: In packet.

OLD BUSINESS: None.

NEW BUSINESS:

a. Pacific NW Survey Educators Fo-rum w/Nov BOT Meeting: President Petersen is in discussions w/ Martin Paquette of Renton Technical Col-lege. They‘d like to plan a gathering for all the educators in Washington who teach surveying courses so those folks can share information and ideas. LSAW would pay for a room and lunch in conjunction with our November Seminar and BOT meeting. They may also invite the teachers from the high school programs at Bonney Lake and Oak Harbor High Schools. This may become an annual event.

b. Certification wetland biologists. No change since our March meeting, but we are working with AELC determin-ing their position and how that ought to affect our actions. We have been working with the Soil Scientists to

change some of the bill language.

c. SHB 3274 – Penalty for local gov-ernment agencies failure to adhere to Qualifications Based Selection (QBS) process: This bill passed the legislature during the 2008 session and is now law. It imposes personal penalties for individuals in govern-ment agencies that fail to adhere to the QBS process beginning with a minimum $300 fine and including job termination for those found to have deliberately violated this law. [Highlight and right-click link to the law as passed here: http://apps.leg.wa.gov/documents/billdocs/2007-08/Pdf/Bills/House%20Passed%20Legislature/3274-S2.PL.pdf ]

d. Proposed Changes to Regulations 2.206 (Delinquent Members) and 2.207 Reinstatement, and 2.125 Professional Affiliate to approve the regulation chsangrd as written. By MO 08-10 it was MSP to approve the regulation changes as published in the meeting packet.

e. Legacy Project: Ben has begun gath-ering information for the purpose of creating a book to chronicle the history of surveying in Washington similar to sample books from the British Co-lumbia and Alberta societies which he passed around for review. Ben has been in talks with our Historical Sec-



Member Totals by Chapter

LSAW Membership Count April 1, 2008

DATE MONTH PDMEMS PDASSOC PDSTUDENTS LIFE-VESTED LIFE AFFILIATES OTHER Total Paid TOTAL Pd + Unpd

01-Sep-85 SEPT 9 Mo after renewal date 369 217 0 0




01-Apr-90 APR 9 Mo after renewal date 328 203 6 37










01-Apr-00 Apr 9 Mo after renewal date 442 291 14 47 5 812 884

01-Apr-01 APR 9 Mo after renewal date 473 301 20 45 11 863 922

01-Apr-02 APR 9 Mo After renewal date 506 344 15 46 14 935 990

01-Apr-03 APR 9 Mo After renewal date 513 329 10 43 23 931 1009



01-Apr-06 Apr 9 Mo after renewal date 528 344 27 43 42 998 1074

01-Apr-07 Apr 9 Mo after renewal date 613 492 28 41 51 1239 129301-Apr-08 Apr 9 Mo after renewal date 650 583 26 38 58 35 12 1402 1474

Chap Paid Paid + UnpaidCC 37 38IE 102 108LC 144 151NC 56 60NE 22 22NO 41 47NPS 333 357NW 139 142OOS 30 30SC 52 53SNO 131 136SPS 204 215SW 111 115Totals 1402 1474

0

50

100

150

200

250

300

350

400

CC IE LC NC NE NO NPS NW OOS SC SNO SPS SW

Paid

Paid + Unpaid

Members up 37 / 613 = up 11.7% * *despite change of some Members to Prof. Affiliates.Associates up 91 / 492 = up 18.49%

tion, Anne Koenen, and some of our elder statesmen, to find out what they have. He now asks chapters and all LSAW members to contact him with any pertinent information they may have. Once he has gathered all that he will come back to the Board with a proposal to create a book.

f. New Book replacing Report #14 – to be written by J. Broad-us: Report in packet. By MO 08-11 it was MSP to contract with Jerry Broadus to write a book which will re-place Municipal Re-port #14, as agreed upon by both parties for $25,000. LSAW will own the copyright ex-cept that Jerry will have permission to use all materials for articles and classes he gives. Jerry will re-ceive a $10,000 advance payment upon the execution of the contract with the remaining $15,000 to be paid upon the completion of the book and the satis-faction of the ExComm. In addition, Jerry will supply a written procedure explaining how to go about updating the book in the future, as well as a list of items that are contained in the current Municipal Report #14, but are not ad-dressed in his new book so we can add those (as appropriate) to our Reference Manual.

ExComm Actions X2008-02 That LSAW hire an attorney to review some of our Assn policies. (Voted Yes) By MO 08-12 it was MSP to approve the subject ExComm Ac-tion. Exec. Report- Financial Reports / LSAW Count/New Members: - By MO 08-13 it was MSP that LSAW engage Hemisphere Design Com-pany to update our website and to add the capacity to accept secure online charges both for state head-quarters accounts and for the State Conference account using unallo-cated LSAW funds to pay for same. Executive Committee is directed to approve a contract with them when it is ready and agreeable to both.

Board Highlights (continued)

—Since the packet was distributed, four more individuals have joined LSAW. They are Dave Shimamura, NPS Associate; Brett Sivret, NW Associate, Jon Weishaupt and Patrick Gaylord both LC Professional Affiliates.

State Conference Committee Financial Report: Preliminary numbers from the 2008 state conference indicate that LSAW’s total share (45 percent of the net proceeds) will be somewhere near $60,000, half of which will be distributed to the chapters. Thanks to everyone who helped make the conference a success.

Correspondence:

— We received invitations to attend ISPLS; MARLS; BCLS; ALSA Conferences. Jim Main went to the Idaho meeting and Ben attended the others.

—We also received Thank-you notes from TX, MN, MT, BC for hospitality extended to their representatives at our Joint 2008 ACSM/LSAW conference; and from Dick Main, Curt Sumner; Scott Thomas for bereavement flowers sent.

— Ben responded to a Clark County Planning Dept. email regarding Boundary Line Agree-ments and Boundary Line Adjustments. Lower Columbia Chapter is watching further develop-ments on this issue.



Chapter Reports: In packet. LC NPS NW SNO SPS & SW.

Committee Reports: Task Committees: Career Development – NSPS has approached LSAW regarding administering or combining our state program into the national certifica-tion program. The Board agreed to pursue discussions and as part of that to negotiate transfer/grandfathering of those who have pre-viously passed the state career development exams, as well as to pursue BOR recognition of the CST program. Ben will coordinate with Walt Dale, Sean Fitzpatrick and Ron Torrence on this.

ESS—Articles are due to Aaron Blaisdell by May 10th.

GPS: Reports in packets.

Nominations: Contact Jim Main with sugges-tions for next year Exec Committee.

State Meetings: Report in packet. The com-mittee is in very early discussions on hosting a Tri-State or Quatra-State conference in 2011, possibly with WFPS. WFPS gave it a thumbs-up IF it seems economically feasible for them. The committee wants yeas or nays by the end

of this year.

S t u d e n t Outreach:

—Oak Har-bor H.S. pro-gram is up and running. NW Chapter has adopted the school.

—TwiST pro-gram in Ore-gon is up and running. Half the teachers have already registered. We have also decided to send Vic to the TwiST p r o g r a m s o o n e o f o u r m e m -bers knows what’s being taught.

—Vic Banks will send a l is t of the t e a c h e r s ’

contact information to all the chapters. After the TwiST training, each chapter should invite one of the teachers to attend a local meeting to describe the TwiST experience.

—Chapter Presidents will be deemed Chapter Student Outreach Liaison, unless they supply Vic with the name of someone else from their chapter who has been so designated.

—Vic emails monthly updates.

—He is working on getting to Boy Scout Sum-mer Camps.

—Each surveyor is near a Boy Scout troop and could help local kids earn their surveying merit badges.

—Jim Main asked Vic to get a syllabus from the Bonney Lake High School program. He’d like to know how they’re using the GPS units we gave them. Vic will follow up.

—Pres. Petersen also asked that Vic again inves-tigate the option of setting up something like the Alberta – science in a crate program…

—Howard Richardson announced that the Van-couver School district is reviewing a new math book which has a section on applied math. That section includes surveying applications.

Trig Star:– Dan Price told us the State test is scheduled for May 10th . He is meeting with Erin Dunbar at the end of this month to learn how to take over chairmanship of the program for the future.

Update Definition Committee: Jim Wengler brought a proposal to the BOT meeting. Before proceeding, the committee needs to determine whether LSAW is willing to exempt Photogram-metric mapping performed by Photogram-metrists certified by the American Society of Photogrammetry and Remote sensing (ASPRS) from the practice of land surveying within LSAW’s proposed updated definition.

This exemption only applies to the topo-graphic mapping portion of the updated definition.

Trustees must vote yea or nay on this item only by June 1, 2008. Email your vote to Anne Koenen [email protected].

If this passes, the committee will invite inter-ested parties to meet to proceed with work to update the definition. If it does not pass, the committee will proceed no further.

Walker Golf: Report in packet.




Ad Hoc Committees: Membership Recruit-ment. Report in packet. Committee is anxious to implement the online/charge membership application option authorized as part of Motion 08-13 above.

By MO 08-14 it was MSP to authorize the Mem-bership Committee to spend $750.00 for develop-ment of a membership recruitment brochure.

Monument Preservation: Committee mem-bers are: Jim Main, Chair; Phil Abenroth; Mick Sprouffske; Peter Brands; Rich Waltrip; and John Thomas. They will begin work next week. President Petersen directed the committee also to collect relevant case studies and perhaps cre-ate a ‘model statement’ agencies could use.

Liaisons

BOR: Report in packet.

DNR: Next meeting is scheduled for May 28th.

Education: Report in packet. The South Puget Sound Community College in Olympia (SPSCC) college president will be choosing one of two qualified teacher applicants very soon. Funding for program equipment has been secured. The BOR will study the program before giving 2-yr credit to graduates. They are moving in that direction but it will take a while.

SPSCC is offering 2 different degrees: one technical degree, and one transfer degree. The Registrar OIT will compare class for class on the transfer degree but is likely to accept all when students transfer to OIT. This program has an online component (14 credit hours.)

Nevada’s college program is hugely online – they have students all across the nation.

Historical Section Report in packet.

IRWA: Rick Dickman has just joined them to be our liaison.

NSPS:

—Bill Glassey’s committee is working on the Railroad abandonment issue. They have a congressman who is ready to add this to a congressional bill.

—Jon Warren exhorted all LSAW trustees to join NSPS. He would be happy to be invited to chapter meetings to explain the advantages of membership.

—Please ask your Congressional Representative to co-sponsor H. Cong. R. 223 which is sponsored by Rep Chris VanHollen (D-MD) and Rep. Char-lie Dent (R-PA) [National Surveyors’ Week]

WCCS:

—January 2008 survey camp was full.

—When LSAW gets language for survey monu-ment preservation WCCS is a good place to send it so the counties have copies.

WFPS: Report in packet.

—Mike also distributed a ‘Replacement Rate’ handout at the meeting.

—Utah has just decided to address the issue of landlocked parcels.

—NCEES is looking at a 4-yr degree requirement in 2015.- ASCE is proposing to take ABET accredi-tation process away from ACSM. If that happened it would be handled entirely by engineers.

—NCEES is considering BS+30 before one could sit for the EIT.

Good of the Order:

—Employers be aware that there are new L & I regulations regarding heat prostration. Bryan Thorp will write an article on this for the next ESS.

—SPS Chapter is hosting the 3rd Annual Old Time Survey Camp July 18th. All are invited. Details: http://www.lsawspsc.org/oldtime-surveycampout.html

—SPS also invites everyone interested to sign up for Tacoma’s Rainier’s night June 6th.http://www.lsawspsc.org/images/baseball.pdf

—NPS invites those interested to join them at a Seattle Mariner’s game August 26th (Twins vs Mariners). 25.00/seat. Contact Bill Glassey for details.

—Ben had LSAW Thank-you cards printed. A side benefit is a cleaned up digital LSAW Logo.

—Howard Richardson recommended George Peters of Chicago Title as a chapter meeting speaker. George wrote Waterfront Titles in the State of Washington. He also does a presenta-tion on condominium law.

—The PPI Fund is a good source to remember for schools that need surveying equipment.

At 2:10 p.m. the meeting was adjourned.


�0 Evergreen State Surveyor Summer 2008

WhAt doES ASP StAnd For??

LASt iSSuE—WhErE And WhEn

Answer: Alderbrook Inn 1966 - The site of the First LSAW Conference

WArd muLLEr, dEc. ��, �� to mAy 22, 2008

Born in Havre, Mt., to Chester R. and Clara (Hansen) Muller. He was raised in Manette.

He graduated from Bremerton High School in 1933. In Feb-ruary 1942, he enlisted in the Army Air Corps to become a pilot. His career ended when a jump from a plane broke his foot and ankle. He was discharged in January 1944.

He married Charlotte “Lynn” Weirich on March 26, 1943.

He owned and operated Ward C. Muller & Assoc., Land Survey-ors, in Port Orchard. The business of 53 years is now owned and operated by his son.

He is survived by his wife of 65 years; one son, Lyle “Reed” Muller and wife, Wanda. Two grandchilden, Tausha Peredo and spouse Anthony and Reed “Shawn” Muller and

wife, Nadine; 6 great-grandchildren, LaTisha, Maguiel, Cameron and Mor-gan Reed Peredo also Deena and Dane Muller; and sister, Corrine Ohrt.

Ward enjoyed photography, square dancing and scouting. He was an Eagle Scout and Scout Master of Troop 505 in Manette. He was a member of American

Congress of Surveying & Mapping. He was preceded in death by 3 brothers, Willard, Ken-neth and Wayne. Brother-in-law, Robert Ohrt; and sister-in-law, Virginia Muller.

Published online by Kitsap Sun - SK Obituaries

Summer 2008 Evergreen State Surveyor ��

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2008 WA June 5/20/08 11:24 AM Page 1

David A. KENNEDY Age 85, passed away May 18, 2008. Born in Minneapolis, MN on June 26, 1922. He served as US Army 1st Lieutenant during World War II. Graduated the University of Washington in 1953 with a degree in economics. He returned to Seattle in 1960 from Las Vegas and worked as a land surveyor and developer, becoming a partner in Livingston, Moore, Wallace and Kennedy in 1968. He loved family, music, boating, the Seahawks, wood working and model trains. He is survived by his spouse of 16 years, Mary Ellen Rolson; sons, John Kennedy of West Burke, VT, & Mike Kennedy of Port Townsend, WA; 3 grandchildren & a great-grandaughter. A memorial service will be held at the Port Townsend Presbyterian Church May 31 at 1:00 p.m. In lieu of flowers, donations can be made in his name to The Northwest School of Wooden Boat Building.

Published in print from 5/25/2008 - 5/26/2008. .

dAvid A. KEnnEdy, JunE 2�, ��22–mAy �8, 2008


right oF Entry?by.Robert.Dean,.PLS

The Land Surveyors Association of Washing-ton is considering legislation to assert “right of entry” onto private property. By asserting a right of entry I mean we would petition the State of Washington Legislature for a previously unrecognized right: the right for surveyors to enter land owned by a third party in order to properly survey a different property. Nothing has been decided; the Board of Trustees will research the idea.

To guide their research, the Board will have to answer four questions: • Can we do that? • Do we want to? • Is it right for Washington?• Are there alternatives?

We would not want to solve a non-existent problem. It would be informative to poll Wash-ington surveyors excluded from property in the course of their work. How did they resolve the boundary uncertainties? What liability ques-tions remained unanswered? Could similar problems arise for other surveyors? The mem-bership might back a proposal if the benefits to us outweigh the risks. That would be half the battle won. The second half, winning over the public, will be more difficult.

Washington Legislature

Article 1 Section 1 of the constitution specifies

the purpose of the Washington State Legislature: to protect individual rights, including private property rights. We should not lose sight of that, neither should they. Sometimes, it seems the legislature is there to dole out privileges to spe-cial interest groups represented by lobbyists.

Can we do that?

Who owns the land? If Washington State owned the third party land, it would have the right to exclude or grant entry to whomever it wished, and we would be right to petition it for a right of entry to land it controlled: that is the essence of ownership. Sir William Blackstone, a father of Western law often cited by U.S. courts,1 defined property ownership as, “that sole and despotic dominion which one man claims and exercises over the external things of the world, in total exclusion of the right of any other individual in the universe.”2

Otherwise, is it unlike asking Farmer Brown for permission to enter Farmer Jones’ land?

A right of entry to property controlled by the State, or the U.S. Government, may well be worth considering. It might be in the public interest to afford surveyors access to railroad rights of way, utility manholes, county road pavements, freeways, ports, dams, and military


�� Evergreen State Surveyor Summer 2008

bases. After all, this is a community, and we are all in it together. However, if what has been passed in other states is an indication, survey-ors want a right to enter private property, free from charges of trespass3.

Private Property

Private property is hallowed ground in our soci-ety. We should be careful how those charged with its protection might regard us when we come before them with our petitions. The Washington State Constitution Article 1 Section 32 mandates, “A frequent recurrence to fundamental prin-ciples is essential...” Before we approach the Washington State Legislature with our proposal, we should take the State’s admonition to heart: we should examine first principles.

• John Locke asserted in his famous Second Treatise on Government (1689), “The great and chief end therefore, of men’s uniting into commonwealths, and putting themselves under government, is the preservation of their property.” 4

• John Adams: “The moment the idea is admitted into society that property is not as sacred as the laws of God, and that there is no force of law and public justice to protect it, anarchy and tyranny commence. Property must be secured or liberty cannot exist.” 5

Land surveyors, of all people, should hold the fundamental principle of private ownership of land in the highest regard, almost as sacred.

Right to Exclude

Scholars describe private property ownership as a bundle of sticks or bundle of rights. The U.S. Supreme Court declared one of those sticks, the right to exclude, “…to be a funda-mental element of the property right.”6 Fur-thermore, in at least three recent cases, the U.S. Supreme Court has ruled that the taker must compensate the property owner if it takes that right to exclude.7 Therefore, if the State grants us a “right of entry” onto private prop-erty, it will have violated the private property owners’ constitutionally protected “right to exclude.” Under the Washington constitution, someone must pay for that taking, in advance, with money.8

Compensation

Laws in other states do not provide for reim-bursing the private property owners for taking their right to exclude. At most, the Oregon statute allows the landowner to charge the surveyor with a minimum fee, of $100.00, as reimbursement for actual damages.9 The citi-zens of Washington may view any meager offer of compensation, such as restoration of losses due to damage, as insulting. It simply skirts

the constitutional issue of taking landowners’ right to exclude.

Nevertheless, we should propose a compensa-tion scheme when we present our bill to the people of this state. Otherwise, a hapless sur-veyor, sued for trespass, will find scant protec-tion in our law if it is later overturned, or even challenged in the suit, as unconstitutional.

Some may dismiss landowners’ objections, or seek to diminish their claims, by pointing out that landowners may benefit from a free sur-vey, paid for by the neighbor.10 However, the Washington constitution precludes deducting the value of any benefit from the amount of due compensation.

Way of Necessity

Surveyors need more than just entry onto the property: we need to be free to move about and conduct our investigations, observations, and measurements. We need a right of “way,” or “wayleave,” or “way in gross.”11 The Wash-ington constitution allows taking “private ways of necessity,” provided, we justly compensate the affected neighbors. A landowner may sue his neighbor to condemn a right of entry, and ingress and egress, under Revised Code of Washington statutes Title 8. We could modify these statutes to add land surveying to the list of covered activities and uses.12

This would yield a costly solution, but be ap-plicable to only the most vital of surveys and difficult of circumstances. Our clients would bear most of the costs, political and monetary, and they would rarely invoke the law. For these reasons, our members may be more likely to support this approach.

Public Use

In Washington, private property cannot be taken at all unless it is for a private way of necessity or a public use. If we fail to convince the legislature that our work qualifies for ap-plication of “way of necessity” statutes, we can still argue for public use.

However, the constitutional provision: wheth-er the use is truly public, is for a court to de-cide each time, regardless of prior legislative declarations means that each surveyor, when sued, will have to defend his “right of entry” anew. Each surveyor will have to employ some clever lawyers to argue public use, to a jury, for when Mom and Pop have to surrender part of their property rights to a private practice land surveyor so he can survey for the development next door at minimal cost and inconvenience to his wealthy client.


Right of Entry? (continued)


Even if we win each lawsuit, we will bear the expense, through legal fees, settlement costs, and elevated insurance premiums, of rais-ing the issue to prominence. Alert insurance companies will adjust our premiums upwards immediately upon passage of any such “right of entry” law in Washington.

Do we want to?

Some may have moral objections. Even if we follow the constitution, show that our taking is for a qualifying or public use, and justly compensate private property owners for their loss of the right to exclude, can we feel good about what we will have done? We remember the political backlash from the Kelo case.13 The U.S. Supreme Court14 ruled that the City of New London, Connecticut had the right, with an adequate, though contrived, excuse for public use, to take property rights from a less powerful private individual and give them to another more powerful private individual. They can do it, if they dare. The City, to this day, has not been able to gather the political will to complete its redevelopment.15

Thomas Jefferson once said, “Nothing is ours, which another may deprive us of.”16 It is a matter of decency and respect. For most of us, our house and land are all we have. Surveyors should honor that.

There are ethical considerations. If surveyors were awarded the right of entry onto private property, could we say, in good conscience, that we deserve it? For every instance I could have used a “right of entry,” I know of several other examples of a surveyor’s (self included) arrogant trespass. Who has not had a call from an irate landowner about painted-up control, ribbon littering the woods, or random traverse stakes on the wrong side of line? What did you tell your crews about climbing over a fence to set a “PROP COR” in someone’s lawn? As uncomfortable as we felt in those situations, the solution is not to give ourselves a spurious right to lawful trespass, the solution is to teach our field crews respect for private property rights of others.

There are questions of pragmatism. Oregon was alert to impose restrictions on surveyors’ activities with their right of entry statute, in to-ken protection of landowners’ rights; and that, over the objections of some surveyors.17 Yet, one wonders if many Oregon surveyors now regret having instituted the law, especially since the Oregon State Board of Examiners for Engineering and Land Surveying is now actively prosecuting an abundance of right of entry cases.18 Who can prevent our crews from inadvertently stepping over a line? If any



�� Evergreen State Surveyor Summer 2008

and every surveyor risks violating a law in her everyday practice, then she also risks a suit by her client for jeopardizing the project. A right of entry statute, itself, may not be onerous, but it may introduce an unwelcome gateway to other litigation targeting our projects.

Is it right for Washington?

Is it right for Washington? It would depend on whether the legislature has the constitutional authority to deny a landowner’s right to sue for trespass. Do we want to? That will be for the membership to decide. It may well decide that any such bill would be too cumbersome and impractical to proceed. If our purpose is to reduce lawsuits, we are unlikely to support a bill that does the opposite.

Our bill should specifically address compensa-tion for taking the right to exclude. The com-pensation offer should be generous enough to induce the landowner to waive his/her right to have a jury decide the amount, and to sign off on public use. A fair suggestion might be an hourly fee, equivalent to the surveyor’s usual crew rate, for the time the surveyor, personnel, materials, or equipment, spends occupying the soil of the third party property. However, we may not deduct any alleged benefit from the compensation package.

What would we call the bill? Not “Right of En-try.” Surely, a wily wordsmith could invent a more appropriate title: one that reflects our purpose to fulfill our mission, showing def-erence to the private property rights of our friends, family, neighbors, and fellow Wash-ington citizens.

Are there alternatives?

In Washington, surveyors are licensed: “…to protect and maintain individual rights.” Be-fore we spend too much money on public relations and lobbyists, perhaps, we should hone our message. Maybe, we should set aside time, in our strategic plan, to contemplate our licensure. Then, while our relationship with private property rights is in the fore, we could take the opportunity to guide our members, and educate the public on the value of our work. To that end, the Board of Trustees could organize workshops, and propose guidelines, to help members deal with difficult situations involving access to monuments. With frequent recurrence to fundamental principles, we will have many opportunities to promote the pro-fession and science of surveying for the benefit of our members and the public.19

References: (Endnotes)

1 William Carey Jones, ed., Blackstone, Sir William, Commentaries on the Laws of England, (Baton Rouge: Claitor’s Publishers, 1976). “Concerning the Com-mentaries,” xxvii. www.blackstoneinstitute.org/sirwilliamblackstone.html

2 Sir William Blackstone, 1765-1769 Commentaries on the Laws of England Book 2 Chapter 1 www.lonang.com/exlibris/blackstone/bla-201.htm

3 “Approximately half the states have laws that permit surveyors in the perfor-mance of surveying services to enter upon lands without permission or legal consequences.” - Knud E. Hermansen, Surveyor’s Right of Entry Laws,

http://www.umaine.edu/set/svt/articles/rightofentry.pdf http://www.nspsmo.org/resources/RIGHT_OF_ENTRY_CMT_REPORT_10_2006.pdf

4 John Locke, Two Treatises Of Government, (1689), Second Treatise, Chapter IX, Sections 123-24. http://www.constitutionalfreedomfoundation.org/Articles/constitutional_primer_7.htm

5 “Discourses on Davila,” in Charles Francis Adams, ed., The Works of John Adams, 10 Vols. Vol. 6, p. 280. http://www.constitutionalfreedomfoundation.org/Articles/constitutional_primer_7.htm

6 “The right to exclude, so universally held to be a fundamental element of the property right, falls within this category of interests that the government cannot take without compensation.” Kaiser Aetna v. United States, 444 U.S. 164, 176 (1979).

7 Kaiser Aetna v. United States, 444 U.S. 164, 176 (1979). Nollan v. California Coastal Com., 483 U.S. 825 (1987) Dolan v. City of Tigard, 512 U.S. 374 (1994)

8 Washington Constitution Article 1 Section 16. http://www1.leg.wa.gov/LawsAndAgency Rules/constitution.htm

9 Oregon Revised Statutes, ORS 672.047 Right of entry by land surveyor; compen-sation for damages caused; notice; removal of survey markers. “…The surveyor shall compensate the landowner for all other actual monetary damages, or $100, whichever is greater.”

www.leg.state.or.us/ors

10 Knud E. Hermansen, Surveyor’s Right of Entry Laws, “…I don’t have any problems personally with the law because 99% of my work is in the forest areas where most land owners are happy to have you tie or locate a corner.”

http://www.umaine.edu/set/svt/articles/rightofentry.pdf http://www.nspsmo.org/resources/RIGHT_OF_ENTRY_CMT_REPORT_10_

2006.

11 Henry Campbell Black, Black’s Law Dictionary, West Publishing Co.

12 RCW 8.24.010 Condemnation authorized – Private way of necessity defined. http://apps.leg.wa.gov/RCW The question of whether land surveying qualifies for ways of necessity

hinges on meanings, in the Constitution Article 1 Section 16, derived from double negatives, commas, and the words “and” and “or.” To simplify the interpretation, and clear the air of bias, try substituting words in the troubling sentence while preserving its structure. For example, in place of:

• “Private property shall not be taken for private use, except for private ways of necessity, and for drains, flumes, or ditches on or across the lands of others for agricultural, domestic, or sanitary purposes.” substitute,

• “You may not borrow the car, except for essential purposes, and for driving to and from school, work, or church functions.”

13 See the October 2006 article by Nicole Stelle Garnett “The Neglected Political Economy of Eminent Domain” in Michigan Law Review Vol. 105:101

http://michiganlawreview.org/archive/105/1/garnett.pdf

14 Kelo v. City of New London 545 U.S. 469 (2005).

15 “The City and NLDC may have won in court, but… they have lost the support of Connecticut citizens.” North Country Gazette, October 21, 2005, City of New London Fires Eminent Domain Corporation.

http://www.northcountrygazette.org/articles/102105EminentDomain.html

16 Thomas Jefferson to Maria Cosway, 1786, The Writings of Thomas Jefferson, Memorial Edition 5:440 (Lipscomb and Bergh, 20 Vols, Washington, D.C., 1853-54). http://etext.lib.virginia.edu/jefferson/quotations.

17 Knud E. Hermansen, Surveyor’s Right of Entry Laws, “…Some surveyors say they don’t like the law because now they have to give notice prior to entry which causes delays in getting the job done. Before the law, they could quietly tie a corner just inside an adjoiner without disturbing anything and then be gone. Now, if they do that and get caught they are subject to disciplinary action by the Board.”

http://www.umaine.edu/set/svt/articles/rightofentry.pdf http://www.nspsmo.org/resources/RIGHT_OF_ENTRY_CMT_REPORT_10_

2006.

18 From July 15, 2005 through September 6, 2007 the Board imposed sanctions in 16 cases involving land surveying, 4 of those cases related to violations of the right of entry statute. One surveyor was fined because his crew set a traverse point out in a clear-cut to side-tie a corner. The Oregon Examiner - Winter 2007. http://www.osbeels.org/

19 See the Land Surveyors’ Association of Washington, Our Mission. http://www.lsaw.org



not For goLd or AdvEnturE – onLy For thE LovE oF SurvEyingAnnouncement.by:.Liz.Hammond.-.McDonald.&.Woodward.Publishing

I am writing to introduce you to a forthcoming book from McDonald and Woodward Publish-ing. “Chaining Oregon: Surveying the Public Lands of the Pacific Northwest 1851-1855” is currently “in press” and will be released in late June.

“Chaining Oregon: Surveying the Public Lands of the Pacific Northwest 1851-1855”

“Chaining Oregon” is the first comprehensive history of the early surveyors of the Pacific Northwest. The work they performed for the US General Land Office between 1851 and 1855 contributed to the westerly movement of American settlement. They imposed order on the land of the western valleys and adjacent mountains in what are now the states of Oregon and Washington.

When Surveyor General John B. Preston and his cadre of engineers, including William Ives, Butler Ives, James Freeman, and George Hyde, arrived in the Oregon Territory in 1851, there was little precedent for the legal systematic de-scription of private landholding. When the last of these surveyors left in 1855, the western in-terior valleys of the territory from Puget Sound to the Oregon-California border lay measured in the precise pattern of townships and sections

that charac-terized the US Rectangular System.

These surveyors were not lured to the Oregon Territory by a longing for gold or for a lust for adventure. They were trained as engineers and scientists and were gifted with an artist’s power of observation. These men were there to do a job. Unfortunately the work and experiences of these hard-working men have re-mained largely out of view until now. With “Chaining Oregon”, Kay Atwood brings the surveyors, their work, and their legacy out of the shadows and into the deserved light of scholarship. Using the surveyors’ personal diaries, letters, and field notes, along with historic maps and photographs, Ms. Atwood is able to weave personal detail into the broader historic context to create a book that is appealing to not only surveyors and historians but to the general public as well.

Regularly priced at $27.95/softcover, publisher McDonald & Woodward is offering “Chaining Oregon: Surveying the Public Lands of the Pacific Northwest 1851-1855” at a special 30% dis-count now through September 30, 2008.

For more information about this book, the author, and the special dis-count, please visit www.mwpubco.com/ChainingOregon.htm

“WE’VE BEEN THERE”

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Contact Hugh Johnston Certified Survey, Mapping and Military Trainer

Training & Offerings for Trimble Product Lines

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Summer 2008 Evergreen State Surveyor 20

2008 LSAW / AcSm conFErEncE - SPoKAnE, WAShington PoSt-conFErEncE oPinion PoLL rESuLtSby.Ben.V..Petersen,.PLS..LSAW.State.Meetings.Chair

Thank you to everyone who took the time to respond to our e-mailed post-conference opinion poll. Your opinion

counts. We asked and found that 61% of the Spokane conference attendees had attended a previous ACSM conference. The most popular reasons for attending the conference were, respectively: 1) To gain general education and knowledge; 2) Meet with vendors; 3) Network, and; 4) Earn continuing education credits. Over 93% of respondents indicated overall satisfaction with the registration process and 70% rated Spokane excellent to good as a con-ference city. The Spokane Convention Center garnered an 83% approval rating. Over 70% of attendees thought the workshop offerings were excellent to good but only 50% gave thumbs up to the technical sessions. The Exhibit Hall got a 67% approval rating although we got quite a few comments that the exhibits should be closer to the workshops. Damned architects! Many exhibit hall visitors noted the absence of some of the large national exhibitors. For the record, due to logistics many of them had

to skip the Spokane conference so they could prep for the Con-Expo which kicked off in Las Vegas with an estimated 150,000 attendees just a few days after our Spokane conference.

The general comments regarding the confer-ence were overwhelmingly positive although there’s always some gripes. We even heard that there were TOO many workshops and how tough it is to sit through 4 hours session. Someone even complained about the weather. Huh? What city were you in? We also heard a lot of requests for more and better break re-freshments and several votes for buffet lunches instead of box lunches. Not a bad idea if you’re in the front of the line but not so great if you’re number 250. And apparently at least one at-tendees’ encounter with an inebriated transient has labeled Spokane the crime capital of the Northwest. Whether you responded in the posi-tive or negative, we appreciate your comments and do take them into consideration do take them into consideration for future conferences. Again thank you for responding.

Congratulations to the 2007 awards recipients: Renton Technical College, Bates Technical College,

Oregon Institute of Technology

Special thanks to the Northern Puget Sound Chapter for their generous gift of $1,500.00.

The PPI Fund is having a logo design contest.

Fax your artistic renderings by June 1st to Paul Rydell at 503-231-4012. If your masterpiece is selected

to be used, you will receive fame, glory and a $500.00 cash prize donated by The PPI Group.

Summer 2008 Evergreen State Surveyor 2�


Having trouble deciphering LSAW Board of Trustee minutes? Here’s the abbre-viated version of the May 3rd, 2008

meeting at the Red Lion Inn in Port Angeles. Items of discussions and decisions included:

LSAW membership is approaching 1,500. We’ll be having a Pacific NW Survey Educators Forum in conjunction with our Nov. Board of Trustees (BOT) meeting in SeaTac. We are working with the soil scientists and wetland biologists to remove surveying references such as wetland “boundaries” and “mapping” from their proposed certification legislation. WA Senate/House Bill 3274, passed in 2008, provides for personal penalties for government employees who violate the State-requirement for a Qualification-Based Selection process when soliciting A/E services. Report any viola-tors. Bylaw Changes -1.) Delinquent members no longer have to pay past dues when rejoining LSAW, just the current dues; 2.) Out-of-State licensees can now join LSAW as a Professional Affiliate. LSAW is exploring the creation of a book on the history of surveying in Washing-ton State. The Legacy Project will be looking for old photos, biographies, family members, obituaries, maps, etc... pertaining to past surveyors. We have retained Jerry Broadus to author an updated WA State Survey Case Law book to replace Municipal Report No. 14. We retained the services of an association attorney to review some of our policies and bylaws. We may have Tri-State or even Quad-State con-ference with WFPS in Spokane in 2011. The proceeds from our successful 2008 conference in Spokane will be distributed shortly. Clark County is wrestling with boundary line agree-

ments vs boundary line adjustments. We’re looking at adopting the NSPS (Natn’l. Society of Prof. Surveyors’) Certified Survey Technician (CST) program to replace our currently dor-mant LSAW Survey Career Development (SCD) program. We hired a new firm to upgrade our web site to take online payments. Our Student Outreach program has now generated 2 high school geomatics programs in Bonney Lake and Oak Harbor High Schools. Thanks to chapter donations we’ll be sending 15 teach-ers to this years TwiST (Teaching with Spatial Technology) program. The State TrigStar test is scheduled for May 10th. Our Membership Committee will be producing a new brochure targeting technical personnel. The Updated Definition (of surveying) Committee can only move forward in the 2009 legislative session if we are willing to exempt certified photogram-metrists. The South Puget Sound Community College 2-year geomatics program is in place. They are interviewing instructors. Our Monu-ment Preservation Committee is looking for monument horror stories. NSPS is pushing ahead with Federal legislation requiring a sur-vey of existing railroad tracks prior to removal when a railroad abandoned. NSPS needs more Congressman to sponsor a National Surveyors’ Week resolution. Call your Congressman. We’re keeping a close eye on WA L&I’s new, proposed heat stress regulations. The South Puget Sound Chapter’s Annual Old-Time Sur-vey Camp will be July 18th and their annual Tacoma Rainiers night is Friday June 6th. The North Puget Sound Chapter’s annual Seattle Mariners outing is Tuesday August 26th. The next Board meeting will be Sat. August 16th, 2008 in Yakima. Everyone is welcome. .

WhAt rEALLy hAPPEnEd?By.Ben.Peterson,.President-LSAW

BLm nEWSBy.Mary.J.M..Hartel,.Chief,.Branch.of.Geographic.Sciences,.Bureau.of.Land.Management.–.Oregon.Office

Washington, Willamette Meridian

T. 32 N., R. 35 E. Dependent Resurvey & Subdivision of Section 14T. 23 N., R. 12 W. Dependent Resurvey & Subdivision of Section 16T. 9 N., R. 16 E. RemonumentationT. 38 N., R. 17 E. Dependent Resurvey of Certain Mineral Claim LinesT. 37 N., R. 17 E. Dependent Resurvey of Mineral Survey No. 1002T. 34 N., R. 2 E. Dependent Resurvey, Subdivision of Section 35 & SurveyT. 21 N., R. 4 W. Dependent Resurvey, Subdivision of Section 15 & SurveyT. 36 N., R. 25 E. Dependent Resurvey & Subdivision of Sections


in thE ProFESSion

Harmsen & Associates Inc is pleased to name Mr. Bill Goodwin, PE, and Mr. Robert Cray, PLS to the Board of

Directors.

Bill Goodwin has been elected to the position of Chairman of the Board and Bob Cray will serve as a Director-At-Large. Doug Slager, PLS, will continue as President and CEO of the firm.

Mr. Goodwin has 33 years of civil engineer-ing experience with private and public clients throughout the greater Puget Sound region. Mr. Cray has 42 years of land surveying experience with private and public clients throughout Island and Snohomish Counties.

On April 21, 2008 Harmsen & Associates, Inc. of Monroe, WA signed an agreement to acquire Meriwether Leachman and Associates (MLA) of Bothell. MLA has been in business since 1964, and is widely considered to be among the premier construction staking survey companies in the Northwest. This proposed acquisition joins two of the top construction

survey companies in the region.

MLA has performed surveying, construction staking and civil engineering services largely in the Central Puget Sound region for the last 44 years. Harmsen & Associates, Inc., established in 1974, acquired Meriwether Leachman to now include surveying and con-struction staking services from the Canadian border, to the South Puget Sound, and from the Olympic peninsula and island counties to Central Washington. Both firms anticipate that this acquisition will result more robust services for both firms’ clients with expanded resources and personnel.

Harmsen and Associates, Inc. also perform(s) civil engineering and landscape architecture throughout Washington and Oregon and land use planning services throughout Washington State. Harmsen & Associates Inc is a 58-per-son, civil engineering, land surveying, land-scape architecture, and land use planning firm with offices in Monroe and Oak Harbor. .

2� Evergreen State Surveyor Summer 2008


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2� Evergreen State Surveyor Summer 2008

FY 2009 Presidential Budget. There were several cuts to federal agency sur-veying and mapping programs in the

recently released FY 09 Presidential budget. The one bright spot was increased funding for USGS surveying and mapping programs. Here are a few of the highlights of the budget. There were cuts to the National Ocean Service of $45 million. Most of the cuts were directly related to surveying and mapping programs; but those programs still saw a significant funding re-quest, as discussed below. There were cuts to the FEMA Floodmap Modernization program as well. The FY 09 budget calls for $150 million for map modernization, a decrease of $50 mil-lion from the 2007 level and $73 million from the 2008 estimate. The Bureau of Land Manage-ment received an increase in its overall fund-ing, but funding for surveying and mapping programs in the BLM remained at the same level as 2007 and 2008. The USGS received an increase in funding as well. The FY 09 budget allocates $76 million for geographic research, investigations and remote sensing. This is $4 million less than the 2007 amount and $1 mil-lion more than the 2008 estimate. Additionally, the FY 09 budget allocates $118 million for the Enterprise Information program. This is an increase of $6 million over the 2007 amount and an increase of $14 million over the 2008 estimate. The National Geospatial Program, which is focused on improving geospatial data access, integration and applications through implementation of the National Map and the National Spatial Data Infrastructure, is part of the Enterprise Information program. Finally, the president once again made no funding request for the NDGPS. Last year, although the President made no request for funding, Congress appropriated $2 million for the pro-gram. ACSM will review the budget thoroughly and work with Congress to increase funding for the surveying and mapping programs in federal agencies.

National Surveyor’s Week Resolution. The National Surveyor’s Week Resolution, H. Con. Res. 223, is moving along through Congress. We currently have 16 co-sponsors of the resolution in the House. We need 50 co-sponsors to bring the resolution to the House floor for a vote. Below, is the list of Representatives who are co-sponsors on the Resolution. Please look the list over and if your Representative is not on the list, ask him or her to co-sponsor H. Con. Res. 223, the National Surveyor’s Week Reso-lution. The contacts are: Ken Cummings from Congressman Chris Van Hollen’s office for the Democrats (202) 225- 5341 and Collin Long

from Congressman Charlie Dent’s office for the Republicans (202) 225-6411. With your help, we can get this resolution to the floor soon! H.CON.RES.223 Title: Honoring professional surveyors and recognizing their contributions to society. Sponsor: Rep Van Hollen, Chris [MD-8] (introduced 10/2/2007) Cosponsors (16) Related Bills: S.CON.RES.57 Latest Major Action: 10/2/2007 Referred to House commit-tee. Status: Referred to the House Committee on Oversight and Government Reform.

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COSPONSORS(16), ALPHABETICAL [followed by Cosponsors withdrawn]: (Sort: by date)

Rep Abercrombie, Neil [HI-1] - 12/11/2007 Rep Akin, W. Todd [MO-2] - 11/7/2007

Rep Berkley, Shelley [NV-1] - 11/6/2007 Rep Blumenauer, Earl [OR-3] - 10/18/2007

Rep Bordallo, Madeleine Z. [GU] - 2/13/2008 Rep Clay, Wm. Lacy [MO-1] - 12/4/2007

Rep Davis, Danny K. [IL-7] - 2/13/2008 Rep Dent, Charles W. [PA-15] - 10/2/2007

Rep Emerson, Jo Ann [MO-8] - 11/7/2007 Rep Kildee, Dale E. [MI-5] - 10/9/2007

Rep LaHood, Ray [IL-18] - 12/6/2007 Rep Miller, Brad [NC-13] - 12/13/2007

Rep Moran, James P. [VA-8] - 10/24/2007 Rep Price, David E. [NC-4] - 1/22/2008

Rep Rogers, Harold [KY-5] - 12/4/2007 Rep Young, Don [AK] - 12/5/2007

Meeting with Jack Dunnigan of National Ocean Service. Laurence Socci recently at-tended a meeting with Jack Dunnigan, Assis-tant Administrator for NOAA’s Ocean Service. The purpose of the meeting was to discuss the President’s FY 09 budget for the National Ocean Service. Among other things, NOS surveys the coastline and seafloor. Mr. Dunnigan told those attending the meeting that there is no slack in the budget this year, which goes not only for the NOS budget but for the entire government-wide budget. He noted that the 2008 Omnibus bill cut NOS funding dramatically and most of the mapping and surveying of coasts programs were cut completely. According to FY 2009 budget documents, however, the President requested almost $95 million for the mapping and charting program in the NOS, which in-cludes funding for the mapping and charting base, electronic navigation charts, shoreline mapping and funding to address the survey


govErnmEnt nEWS


backlog. Additionally, the President requested $2.5 million for the National Height Moderniza-tion program.

NGAC selection. I was informed at the recent Joint Government Affairs Committee meeting in Spokane that Allen Carroll, who was selected to the NGAC is a member of ACSM. However, it was confirmed at the JGAC meeting that no member of NSPS was selected to the NGAC. The Joint Government Affairs Committee asked NSPS to write a letter to the De-partment of Interior voicing our disappointment that nobody from NSPS was selected to the committee.

The list of individuals selected from the private sector is below:

THE NATIONAL GEOSPATIAL ADVISORY COMMITTEE

Members representing Private Sector, Nonprofits, and Academia:

Sean Ahearn, Hunter College, City University of New York;

Allen Carroll, National Geographic Society;

David Cowen, University of South Carolina;

Jack Dangermond, Environmental Systems Research Institute;

Kass Green, The Alta Vista Company;

David Maune, Dewberry;

Anne Hale Mi-glarese, Fugro E a r t h D a t a , Inc.;

Charles Mon-dello, Pictom-etry Interna-tional;

Kim Nelson, Microsoft Cor-poration;

M a t t h e w O ’ C o n n e l l , GeoEye;

John Palati-e l l o ; M a n -agement As-sociation for Private Pho-togrammetric Surveyors;

G. Michael Ritchie, Photo Science;

David Schell, Open Geospatial Consortium; and

Christopher Tucker, IONIC Enterprise.

Fundraiser for Rep. Charlie Dent (R-PA) Lau-rence Socci recently attended a fundraiser for Con-gressman Charlie Dent (R-PA). Congressman Dent is one of the cosponsors of the National Surveyor’s Week Resolution in the House of Representatives. This was a great opportunity to personally thank Congressman Dent for helping us with the resolution and to give him an update on the progress. Also at-tending the fundraiser was Congressman Bill Shuster (R-PA), who also heard about the surveyor’s week resolution and was asked to help us with it.

National Geospatial Advisory Committee –UP-DATE. Last month, I reported that ACSM was shut out of the selection for the National Geospatial Advisory Committee. I was informed at the recent Joint Government Affairs Committee meeting in Spokane that Allen Carroll, who was selected to the NGAC is a member of ACSM. However, it was confirmed at the JGAC meeting that no member of NSPS was selected to the NGAC. The Joint Government Affairs Committee asked NSPS to write a letter to the Department of Interior voicing our disappointment that nobody from NSPS was selected to the commit-tee. State of Delaware Issues Proclamation for National Surveyor’s Week. I recently received a notice from Margaret A. Foreit, Administra-tive Specialist III, Delaware Department of State Division of Professional Regulation that the Governor of Delaware, Ruth Ann Minner issued a proclamation recognizing March 16 through March 22, 2008 as National Surveyor’s Week. We are in the process of posting the proclamation on the ACSM website. Railroad Monumentation Language Approved by ACSM Congress. After much discussion and delib-eration, the NSPS Board of Governors, Board of Directors and ACSM Congress approved language that we will work to insert into fed-eral legislation relating to abandoned railroad monumentation. As you know, this has been a long lasting issue among surveyors; now, with the clear and concise language drafted by the committee tasked with bringing it together, we will finally make some headway toward fixing the problem. Congratulations to Debi Anderson and the rest of her committee on a job well done. New ACSM COFPAES Delegate named. As mentioned in the last Government Affairs Update, ACSM COFPAES Delegate Rick Allen was elected to the position of COFPAES Chairman for 2008. His election brought the need for a new Delegate to COFPAES. Dur-ing the Joint Government Affairs Committee meeting in Spokane, Joe Dolan was nominated and named to be the new ACSM COFPAES Delegate. Congratulations, Joe!

Government News (continued)


Land Surveyors’ Association of Washington424 205th N.E.Sammamish, WA 98074-6942Phone: 425/868-0200

chANge SeRVIce RequeSted

October November24 PLS State Exam25 LSIT Exam

July August4 Fourth of July18–20 SPS “Old Time

Survey Campout

September1 Labor Day20 IE Free Seminar

16 BOT Meeting, Yakima, WA22 LSAW Walker Cup

Golf Tournament

7 State Fall Seminar, SeaTac Holiday Inn, Seattle

8 Board of Trustees Meeting

Happy Holidays!

December

LSAW SchEduLE

PRESORTED STD.US POSTAGE

PAIDDATABAR

2008 The accuracy of the schedule is based on information submitted to the editor and may not reflect the true date. Check with the actual organizer for a more complete schedule.

Volume 32 Number 2 Summer 2008 - LSAW · By.Ben.Petersen,.President For” was written with...

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Transcript of Volume 32 Number 2 Summer 2008 - LSAW · By.Ben.Petersen,.President For” was written with...