The Oregon July/August 2024 A publication of the Professional Land Surveyors of Oregon
Editorials From the PLSO Chair, by Scott Freshwaters, PLS, PLSO Chair of the Board 2 From the PLSO Office, by Aimee McAuliffe, PLSO Executive Secretary 4 From the PLSO State Lobbyist, by Darrell W. Fuller, PLSO State Lobbyist 8 Featured Articles John Morton—Surveyor and Activist, by Emily Pierce, PLS, CFedS 11 Clients Behaving Badly, by Renee Clough, PLS, PE, AICP and Dan Nelson, PLS 14 NSPS Spring Meeting Report, by Pat Gaylord, PLS 16 Columns The Lost Surveyor, by Pat Gaylord, PLS 18 Surveyors in the News, by Pat Gaylord, PLS 23 Member Spotlight, by Vanessa Salvia 25 On the Cover Boundary down to Boogie. Retracing a 1980s survey in Cascade Locks. Photo by Erielle Lamb, PLS, CFed. Erielle submitted this photo as part of the PLSO annual conference photo contest. The Oregon Surveyor is a publication of the Professional Land Surveyors of Oregon (PLSO). It is provided as a medium for the expression of individual opinions concerning topics relating to the Land Surveying profession. Address changes & business All notifications for changes of address, membership inquiries, and PLSO business correspondence should be directed to Aimee McAuliffe, PO Box 230548, Tigard, OR 97281; 503-303-1472; [email protected]. Editorial matters & contributions of material The Oregon Surveyor welcomes your articles, comments, and photos for publication. PLSO assumes no responsibility for statements expressed in this publication. Editorial matters should be directed to Vanessa Salvia, [email protected]. Advertising policy Advertising content and materials are subject to approval of the PLSO Board and Big Red M. The publisher reserves the right to reject any advertising that simulates copy; material must be clearly marked as “Advertisement.” For advertising, contact: Ronnie Jacko, [email protected]; 503-445-2234 A publication of the Professional Land Surveyors of Oregon Executive Secretary Aimee McAuliffe PO Box 230548 Tigard, OR 97281 503-303-1472 Toll-free: 844-284-5496 [email protected] www.plso.org Published by Big Red M www.bigredm.com Advertising Ronnie Jacko, [email protected] Design Hope Sudol © 2024 Big Red M Editor Vanessa Salvia Publications Committee Tim Kent, Interim Chair Pat Gaylord Contents Professional Land Surveyors of Oregon Professional Land Surveyors of Oregon @ORLandSurveyors The Oregon Vol. 47, No. 4 July/August 2024
2 The Oregon Surveyor | Vol. 47, No. 4 From the PLSO Chair H ave you ever been asked to volunteer for a coaching position for your children, hold a committee position, or be an officer for a Board of Directors? Have you ever considered volunteering for one of these positions but didn’t think you had the time or energy to do so? I would assume all of us have struggled with this dilemma from time to time and made what we believed was the best decision for ourselves and others. However, if you chose to reject the offer or opportunity to serve, were you satisfied with the results of whoever stepped up and volunteered? We struggle every day to budget our time between work and home and never seem to be satisfied with the results of our decision at the time. You feel guilty that you should have spent more time at work and at the same time you feel guilty that you are neglecting your home life responsibilities. This is an issue we all struggle with. Our parents struggled with that same problem and our children will struggle with it in the future. Our goal is to do the best we can with the time we have and hope that we make the right choices and make the right moves to benefit all concerned. Conversely, ponder what would have happened if you did volunteer for that position and how all affected would have benefitted from your involvement. This is the reason why some of us made the decision to serve. When PLSO first organized, the founding fathers made that decision to serve for the benefit of the land surveying profession. Bettering the surveying profession was their goal, and within that, finding a way for surveyors to have one voice to improve the profession. Today, that is still the goal of PLSO. We are basically in our third generation of surveyors guiding PLSO down that path of bettering how we practice and communicate between ourselves and the public. Each generation of PLSO leaders have made improvements for the profession including practice standards and legislation benefiting land surveyors. We are fortunate to have members who see the vision of our founding fathers and push forward those goals and our goals for the profession. We owe undying thanks to our past leaders that brought us to this place in time. However, this is not the time to rest on our laurels. This is why PLSO truly needs your involvement and leadership. We struggle every day to budget our time between work and home and never seem to be satisfied with the results of our decision at the time. Ponder what would have happened if you did volunteer for that position and how all affected would have benefitted from your involvement. Scott Freshwaters, PLS Chair of the Board WHYWE SERVE
3 Professional Land Surveyors of Oregon | www.plso.org From the PLSO Chair How to Send Us Your Work Please email the editor Vanessa Salvia with submissions: [email protected]. Your submission should be in .doc format. Please send images separately (not embedded in the document) and at the highest file size available (MB size range versus KB size range—larger sizes are encouraged). Please include the author’s name and email address or phone number for contact. We all know that family and work responsibilities require much of our time. Both require and need our time and attention. However, if we assume that someone else will pick up the duties of leadership for PLSO then we will be heading toward trouble. In the article by Bert Mason recalling the inception of PLSO, he wrote, “We intend to support and promote with all our power the aims and activities of the only collective effort in history of Oregon’s surveyors to lift themselves by their own bootstraps—the organization of Professional Land Surveyors of Oregon. If you’re too busy to spend one evening a month in fellowship and self- advancement among your colleagues, YOU’RE WORKING TOO HARD!” This statement was mailed out to the PLSO members at the time (1960) and still rings true. PLSO needs your involvement as a leader or member attending the monthly chapter meetings. Without your involvement, your ideas or concerns are not communicated, and nothing can be done about them. It’s easy to complain, we all do it every day, and it’s a bit more difficult to do something about it. However, when you get involved and help resolve the issues people are complaining about, there is satisfaction in the knowledge that at least that problem is resolved. Times have changed since 1960 and the inception of PLSO, and so has the motivation to get involved in PLSO. The past leadership of PLSO made real progress addressing issues that made the profession better and this also improved our services to the public. Presently, PLSO is not getting the participation and involvement that we should have. The organization needs YOUR input and leadership. You have the option of sitting back and reaping the benefits that membership offers with the only skin in the game being the annual dues. Or, you can devote some of your time and talents to improving the profession that has given you so much. Is two or three hours at your chapter meeting, and three to five hours if you choose to become a leader (not including travel) per board meeting for two years too much to ask? I think not! When your chapter is looking for leaders, take a moment to think it over, and consider stepping up. Don’t worry about making mistakes or not being a good leader. We all make mistakes. Making mistakes shows you are attempting to do some good and everyone understands and respects the fact that you tried. Editor's Note: Dick Bryant had a comment related to the article titled “The Riparian Boundary Challenge” by Dr. Richard L. Elgin, PS, PE, published in the May/June 2024 issue of The Oregon Surveyor. “My comments deal with a legal issue back in 1977. It dealt with a lawsuit brought by the Oregon State Land Board against the Corvallis Sand and Gravel Company. The company had been mining rock from an area that had once been the Willamette River bed. The river had changed course in 1909 due to a flood. The state still claimed ownership to the disputed property and the case went to the Supreme Court. The case had some interesting twists. I would urge the readers to study this case as movement of water can, at sometime, be an issue on how they might have to resolve someone’s ownership. It happened to me one time much to my displeasure. To research the gravel case go to: Oregon State Land Board v. Corvallis Sand & Gravel Co.” Riparian Rights Tim’s Retirement Please join us in congratulating Tim Kent, PLS, on his retirement, which was celebrated at Clark College in Vancouver, Washington, on June 11. Tim is retiring from his role as Surveying & Geomatics Program Coordinator at Clark College, his position since 2008. He also worked as assistant professor at Oregon Institute of Technology and for the BLM and the Forest Service for many years. He was named Oregon Surveyor of the Year by the PLSO in 2009. He was also named Washington Surveyor of the Year in 1996 and 1998. Tim is a valued member of the Publications Committee for The Oregon Surveyor. He has been a member of PLSO since January 14, 1976. Congratulations on your retirement, Tim!
4 The Oregon Surveyor | Vol. 47, No. 4 From the PLSO Office Aimee McAuliffe, PLSO Exec. Secretary Summer vacation season is soon upon us. Of course, to the land surveyor, this really means things are going from busy to busier. There’s nothing that smells like new construction activity, public works projects, agricultural planning, intern training, real estate deadlines, and neighbors arguing over new fence lines like the surveyor summer. But at least the weather will get consistently better starting July 5, right? Of course, with the increasing shortage of surveyors leading to an increasingly year-round busy career for many of you, it’s important to remind you to take care of yourself. If you can’t take two weeks off, take a Friday or Monday for a local getaway or staycation to recharge your batteries. If you need tips on planning a successful staycation you could always ask Pat Gaylord—he and his wife Anne seem to have this down to a science to bring you his many “Lost Surveyor” articles. Or, I’ve included some tips below: 1. Plan Ahead: Create a summer bucket list for your summer so you aren’t looking at your family wondering what you should all do to get off the screens. If you want to make a game of it, have everyone write their ideas on scraps of paper and fill a jar up with them, then grab one and head out. Might want to draw an idea out on a Wednesday if they involve planning. 2. Disconnect from Work: Try to be good about informing your colleagues that you are on a break and avoid checking work emails or TAKING TIME TO RECHARGE
5 Professional Land Surveyors of Oregon | www.plso.org From the PLSO Office continues taking work calls. Be sure to set an out-of-office reply for your emails. 3. Maintain a Vacation Mindset: Be present in your experience and treat your staycation like a real vacation. 4. Be a Tourist in Your Own Town: Have you ever noticed that the longer we live somewhere, the less likely we are to visit areas that tourists go? Start by visiting the local museum that you haven’t been to since middle school. Chances are it’s changed a little. Enjoy a meal at a restaurant you’ve never tried before and then go to a separate place for dessert. And don’t forget that it is farmers market season! 5. Indulge in Your Interests: Take an afternoon to just indulge in something that makes you happy. The grass will still be there to cut the next day. Go fishing. Learn to paint. Knit a sweater for your dog. Make model ships in a bottle. Just decompress. 6. Pamper Yourself: Whether you are a man or a woman—it really is okay to take care of yourself. In fact, it’s doing other people a favor. Go get a pedicure for your sore feet. Pay extra for the paraffin wax and say yes to the free glass of wine. Really. It’s okay. 7. Reconnect with Loved Ones: Plan fun activities with your family such as board games, movie nights, or backyard camping. 8. Take Day Trips: Explore nearby towns or cities you haven’t visited before—be sure to take the scenic route or stop and see that odd attraction you never made time for like the Peterson Rock Garden & Museum in Redmond. 9. Relax and Enjoy: Allow yourself to relax and enjoy the break without feeling guilty. It will give you a second wind for the busy summer season. With all that in mind, if you still can’t shake the feeling that you should be DOING something, may I suggest some ideas, that could maybe, if you squint really hard, be a write off because it’s sort of related to land surveying, but you should probably not take my word on it? I thought you’d never ask. Northwest Willamette Stone State Heritage Site • Location: Portland, near Skyline Boulevard. • Significance: This site marks the initial point of the Willamette Meridian and Baseline, established in 1851, which is crucial for all land surveys in Oregon and Washington. • Features: Interpretive signs explaining the historical and surveying significance. Fort Clatsop • Location: Near Astoria. • Significance: Fort Clatsop was the winter encampment for the Lewis and Clark Expedition from December 1805 to March 1806. • Features: Replica fort, interpretive programs, and visitor center. • Recommended Stop: Get yourself some coffee art and a pastry at Coffee Girl, located along the Columbia River, inside the building housing the West’s oldest cannery, Pier 39 in Astoria. Oregon Historical Society • Location: Portland. • Significance: The museum houses extensive archives and exhibits on the history of surveying in Oregon. • Features: Maps, documents, and artifacts related to the surveying and development of Oregon. The Barlow Trail • Location: To drive the Barlow Road’s path, take Highway 197 south from The Dalles to Tygh Valley. • Significance: Crucial segment of the Oregon Trail, providing a passage for pioneers heading across the Cascade Range to the Willamette Valley. The trail provides an excellent case study for applying GIS and remote sensing to analyze and visualize historic routes, conditions, and changes over time. • Features: Short hikes to pioneer graves, wagon wheel ruts, replica of the old wagon tollgate, and the Laurel Hill Chute. • Recommended stop: Eat at the Barlow Trail Roadhouse,100year-old establishment, known for their breakfast style food and halibut and chips. Southwest Oregon Caves National Monument • Location: Near Cave Junction. • Significance: Offers an opportunity to study the karst topography and the challenges it presents to surveyors. Summer vacation season is soon upon us. Of course, to the land surveyor, this really means things are going from busy to busier.
6 The Oregon Surveyor | Vol. 47, No. 4 From the PLSO Office Maintain a Vacation Mindset: Be present in your experience and treat your staycation like a real vacation.
7 Professional Land Surveyors of Oregon | www.plso.org From the PLSO Office • Features: Guided tours with information on the geology and mapping of the cave system. Cascade-Siskiyou National Monument • Location: 15 miles southeast of Medford. • Significance: Offers diverse ecosystems and geological formations, providing opportunities for surveyors to study landscape changes over time and their implications for land management. • Features: Outdoor activities and interpretive centers. Central Historic Town of Shaniko • Location: In Wasco County, off Highway 97. • Significance: Shaniko is a well- preserved ghost town that offers a glimpse into the history of land development and surveying in the early 20th century. • Features: Historic buildings, walking tours, and information about the town’s establishment and layout. John Day Fossil Beds National Monument • Location: East-central Oregon. • Significance: Known for its fossil records and unique geological formations, it‘s an interesting area for studying historical geology and mapping. • Features: Visitor centers and trails with educational signs about the region’s geological history. Geographic Center of Oregon • Location: 25 miles south of Prineville in Post. • Significance: You can tell people you were in the center of the state. • Features: A post . . . with a sign that says Geographic Center of the State for your picture taking pleasure. • Recommended stop: Order the meatloaf sandwich at the General Store. continued Northeast The Initial Point of the GLO Surveys • Location: Near the confluence of the Snake and Clearwater Rivers, close to Lewiston, Idaho, and the Oregon border. • Significance: This point is significant as the starting point for land surveys in the region, initiated by the General Land Office. • Features: Historical markers and interpretive signs explaining the importance of this survey point in mapping and land division. Hells Canyon National Recreation Area • Location: Along the border with Idaho, near Joseph, Oregon. • Significance: Home to North America‘s deepest river gorge, offering challenging and diverse terrain for surveying. • Features: Scenic viewpoints, hiking trails, and interpretive programs detailing the area‘s geological features and history. Southeast Alvord Desert • Location: Southeast of Steens Mountain. • Significance: A large, dry lakebed offering a flat, open area for studying geodetic surveying and remote sensing techniques. • Features: Expansive views, opportunities for off-road exploration, and a unique landscape for practical surveying exercises. Owyhee Canyonlands • Location: Southeastern Oregon, near the Owyhee River. • Significance: Known for its rugged canyons and remote wilderness, presenting unique challenges and opportunities for land surveyors. • Features: Extensive backcountry areas, hiking trails, and opportunities for wilderness surveying and mapping exercises. Steens Mountain • Location: Near the town of Frenchglen. • Significance: A prominent geological feature in eastern Oregon with dramatic elevation changes, offering a case study in topographic surveying. • Features: Steens Mountain Loop Road, which provides access to high viewpoints and trails, and informational signs about the mountain’s formation and geology. • Recommended Stop: Stargaze while you enjoy the Alvord Hot Springs.
8 The Oregon Surveyor | Vol. 47, No. 4 From the PLSO State Lobbyist (L to R) Marshall Coba (ACEC), Tonya Finley (ACEC), Cindy Robert (AIA), Darrell Fuller (PLSO) inside the Capitol celebrating the passage of SB1575-A. TThe first half of 2024 has been pretty busy for those of us in the world of policy and politics. First, it is an election year. Have you noticed? It will only get stranger and more acrimonious between now and November. My advice: Find a reason to be pleasant. It is going to be rough no matter the outcome. Culminating nearly four years of negotiating, compromising, cajoling, and political combat, the Oregon Legislature passed Senate Bill 1575-A into law with Governor Kotek’s signature. The bill prohibits “duty to defend” provisions in public contracts. Already a Busy 2024 By Darrell W. Fuller, PLSO State Lobbyist Lead by ACEC’s long-term lobbyist and political strategist Marshall Coba, and ACEC President Tonya Finley (her husband, David, is a PLSO member), and partnering with Cindy Robert representing AIA, along with myself, design professionals went head-to-head with literally dozens of government lobbyists to get SB1575-A over the finish line during the 35-day “short session” of the Oregon Legislature. This was truly David versus Goliath. Mayors, County Commissioners, in-house and contract lobbyists for Tri-Met, Metro, AOC, and many cities and counties did their best to derail our work. But we prevailed on this issue of simple fairness. Hard work brought the League of Oregon Cities (LOC), Trial Lawyers (OTLA), and Associated General Contractors (AGC) to a position of neutrality on the bill. Three legislators played key roles in the passage of SB1575-A. The Chair of the Senate Judiciary Committee, Floyd Prozanski (D- Eugene) has been a key advocate since the issue was first raised in the halls of the Capitol about five years ago. His support never wavered. On the House side, there are two state representatives who
9 Professional Land Surveyors of Oregon | www.plso.org From the PLSO State Lobbyist Engineer and Democratic State Rep. Janelle Bynum Engineer and Republican State Rep. Ed Diehl Senate Judiciary Committee Chair Floyd Prozanski are engineers: Democrat Rep. Janelle Bynum and Republican Rep. Ed Diehl. They were instrumental in helping their colleagues better understand the issue. PLSO sent several Legislative Alerts to PLSO members, asking them to contact legislators with support. I believe the emails really made a difference. Time and time again, legislators talked about all the people contacting them from across the state. They noticed. They read the emails. I really appreciate all the surveyors who followed through. The bill will go into effect on January 1, 2025. It does not change existing contracts. The bill will apply only to contracts entered into or renewed after January 1. PLSO Members Travel to Washington, D.C. In April, a contingent of PLSO members traveled to Washington, D.C., as part of the NSPS Legislative Conference. Look on page 16 in this edition for a report from NSPS Director Pat Gaylord. 2025 PLSO Legislative Committee Activates The PLSO Legislative Committee is meeting to discuss possible legislative efforts for the 2025 Legislative Session. To be successful next year, the work needs to begin in earnest this summer. If you know of an issue of statewide concern, which may need statutory changes to solve, contact PLSO Legislative Chair Ryan Erickson. He can advise you on the process of getting your issues heard by the Legislative Committee. A proposal currently under consideration addresses Partney v. Russell. The concern is there is no mechanism to account for necessary easements during development not associated with a subdivision or partition. To learn more about the issue, and proposed solution, contact your local chapter leadership. It’s An Election Year With the primary election behind us, and November’s general election just around the corner, please remember to contact PLSO’s lobbyist if you have an existing connection or relationship to any candidate and office holder. This is especially important if the candidate or policymaker knows you. These relationships can play an important role in the success of PLSO efforts. Thank you. With the primary election behind us, and November’s general election just around the corner, please remember to contact PLSO’s lobbyist if you have an existing connection or relationship to any candidate and office holder.
10 The Oregon Surveyor | Vol. 47, No. 4 From the PLSO State Lobbyist PLSO Written Testimony on SB 1575-A Professional Land Surveyors Support Senate Bill 1575-A Testimony to the House Committee on Rules / February 29, 2024 By: Darrell W. Fuller / [email protected] / 971-388-1786 Chair Fahey and Members of the Committee: The Professional Land Surveyors of Oregon (PLSO) is a professional association representing the interests of licensed Professional Land Surveyors in Oregon. Surveyors are licensed and regulated by the Oregon State Board of Examiners for Engineering & Land Surveying (OSBEELS). Professional Land Surveyors provide a wide range of services which includes location of property boundaries, land use planning, topographic design surveys, construction layout services and more. PLSO has approximately 600 members across the state, including both public and private sector professional surveyors. PLSO is affiliated with the National Society of Professional Surveyors (NSPS), which represents surveyors nationally. PLSO is a partner in the coalition of design professionals who drafted and support Senate Bill 1575-A. A “duty to defend” provision requires the design professional to defend the government agency or general contractor against all claims … ALL CLAIMS … against the government related to an entire project. While the issues surrounding design and construction liability are complex, I’ve used the following hypothetical to explain concerns about contracts mandating land surveyors and other design professionals to agree to duty to defend provisions in contracts: Imagine you’re selected to provide the land surveying for a new city library. As an emerging small business, you are excited to do this visible and prominent project. It will be the largest contract you’ve earned. You sign the contract provided by the municipality, and it includes a duty to defend clause. You complete your surveying work without incident or error. More than a year later, the painting contractor paints the building green. The city wanted blue. The dispute results in a lawsuit by the painting contractor for lack of payment. At this point, the local government, using the duty to defend provision, will require you -- the land surveyor -- to pay the legal costs associated with the suit brought by the painting contractor, which is completely unrelated to surveying work. Once settled and determined that you had no liability in the dispute between the municipality and the painting subcontractor, you might not even get your “contribution” to the legal defense fund reimbursed. And, if there is anything on which everyone does seem to generally agree, it is that no insurance product currently exists in the marketplace for design professionals which will pay for up front legal defense costs arising solely from a duty to defend obligation, thus forcing design professionals to pay out of pocket whenever a duty to defend provision is enforced. Such a claim could easily put a firm out of business and the potential cash flow liability is so worrisome that many firms simply refuse to bid on public contracts. Land surveyors (and other design professionals) do have professional liability insurance. They will defend themselves against claims of professional liability from start to finish. Senate Bill 1575-A does not absolve design professionals from legal claims of defective work. However, it does protect them from being forced to pay legal bills on claims against others inarguably unrelated to the design professional’s work. In an effort to assuage concerns of other stakeholders, we supported the -1 Amendment in the Senate, which added a ten year sunset clause along with other changes. This bill is the product of more than four years of negotiating and outreach to the impacted parties. Please vote “aye” to send SB1575-A to the House floor with a “do pass” recommendation. Thank you.
11 Professional Land Surveyors of Oregon | www.plso.org Featured Article continues John Morton— Surveyor and Activist By Emily Pierce, PLS, CFedS I’ve really enjoyed digging into our surveying history, especially the incredibly talented and hard-working surveyors that helped found the nation. Today, I’m sharing my research about a surveyor who didn’t have the best start in life. John Morton was born in Pennsylvania in 1725 shortly after the death of his father, one of the first Swedish immigrants who settled on the banks of the Delaware River in Pennsylvania in an area called New Sweden. New Sweden I didn’t know this, but this colony was established by Sweden as part of an effort to colonize the Americas beginning in 1638. In fact, Fort Kristina in Wilmington, Delaware, was the first Swedish settlement and was named after the reigning Swedish monarch, Queen Kristina. At the time, the Realm of Sweden was one of the great powers of Europe, with territory that included parts of Russia, Poland, Germany, and Latvia as well as Finland and Estonia. Ultimately, New Sweden was conquered by the Dutch Republic in 1655 during the Second Northern War and incorporated into its colony of New Netherland. Then New Netherland was conquered by the British and subsequently included in William Penn’s charter for Pennsylvania in 1682. One of the lasting legacies of the Swedish Finnish immigration is the traditional Finnish forest house building technique, which became known as the log cabin. Only a few facts exist about John’s father. First, his son was named after him, and his family was actually of Finnish extraction, having emigrated to Sweden from Finland before coming to the Colonies. After seven years had passed, John’s mother remarried—to an English farmer named John Sketchley. Sketchley took his fatherly duties seriously. He schooled young John in math, reading, surveying and religion. Records show the family was highly involved in church activities. It was fortunate that Sketchley was such John Morton. Photo from public domain.
12 The Oregon Surveyor | Vol. 47, No. 4 Featured Article A photograph of the birthplace of John Morton, signer of the Declaration of Independence, in Essington, Pennsylvania, circa 1919. This photo in the public domain is taken from Old Roads Out of Philadelphia by John Thomson Faris, published by JB Lippincott. a good teacher, because young John only had the opportunity to attend classes in a school for about three months during his childhood. A Lifetime Surveyor Morton’s home schooling and his life experiences were enough to get him into the surveying business, which he practiced on and off throughout his lifetime —while he was farming, becoming a husband and father of nine, working as a lawyer and politician and helping his neighbors out with legal advice and accounting. He was highly respected and known for sound judgment and pleasant temperament. In 1756, Morton was elected to the Pennsylvania Assembly at age 31, a position he held for a decade until he was appointed as the sheriff of Chester County. He was re-elected to that position every year until he again was elected to the Assembly in 1769. While he was doing all of this, he also held the positions of presiding Judge of the Court of General Quarters Session, Common Pleas of the County of Chester, Associate Judge of the Supreme Court of Pennsylvania and Justice of Orphan’s Court. In 1774, he became a delegate to the First Continental Congress, then a year later, elected to the Second Continental Congress. It was during the vote for or against independence, Morton found himself at the center of an epic decision. A Monumental Vote Previously, the states of Delaware and Pennsylvania had voted in opposition to independence. This time, the votes were evenly split, as was Pennsylvania’s delegation. It fell to Morton to cast the deciding vote for the entire Congress. He was keenly aware of the staggering importance of his vote and the possibility of disastrous results. Fortunately, he was a man of firmness and decision and voted in favor of the liberty of his country, a decision that earned him the enmity of those who were opposed to independence, including a number of close friends. If he hadn’t cast that “Aye” vote, it’s unlikely the Declaration of Independence would have been adopted. Like his contemporary, Abraham Clark, Morton faced personal consequences of his support for independence, aside continued www.bigredm.com Advertise to Support Your Association! Contact us today! Ronnie Jacko | 503-445-2234 | [email protected]
By Källa:Nordisk familjebok (1914), band 20, sida 153-154 [1]. In the public domain. 13 Professional Land Surveyors of Oregon | www.plso.org Featured Article Today, we think of the founding of our country as something that was always certain. The contrary is true. It took a small number of brave and principled people that put their own lives (and the lives of their families) on the line for liberty and justice. from the loss of friends. One of his children, his namesake, had become a surgeon and died as a prisoner of war on the British prison ship, the Falmouth. Morton continued his efforts to help create the new country as part of a committee writing the Articles of Confederation. Unfortunately, before these Articles were ratified, he died of tuberculosis at age 51 in 1777—the first of the fifty-six signers to die. Later that year, many of the family’s possessions were destroyed by the British and his wife, Ann, barely escaped with her life. Today, we think of the founding of our country as something that was always certain. The contrary is true. It took a small number of brave and principled people that put their own lives (and the lives of their families) on the line for liberty and justice. Emily Pierce is business development manager for Berntsen International, a major manufacturer and supplier of survey markers, survey monuments, utility markers, and related accessories. This article originally appeared on the Berntsen International blog and is reprinted with permission. View the original here: https://www.berntseninternational.com/home/blog-builder/ john-morton-surveyor-and-activist. References • Colonial Hall - Biography of John Morton: www.colonialhall.com/morton/ morton.php • Descendants of the Signers of the Declaration of Independence: www.dsdi1776.com/john-morton • Revolutionary War: www.revolutionary-war.net/john-morton • Wikipedia: US Declaration of Independence; wikipedia.org/wiki/United_States_ Declaration_of_Independence • Wikipedia: New Sweden; wikipedia.org/wiki/New_Sweden
14 The Oregon Surveyor | Vol. 47, No. 4 Featured Article Clients Behaving Badly By Renee Clough, PLS, PE, AICP and Dan Nelson, PLS There’s routine bad client behavior (not paying invoices, showing up late for meetings, pushing for unrealistic deadlines, etc.) and then there’s behavior that shocks you so much that you can’t even squeak out “W.T.F.” Here are our top two from the latter category. The client thought the neighbor might be encroaching. After collecting and analyzing field data, it was determined that the fence did encroach but the shed did not. The client requested a map documenting the encroachment. Since the shed wasn’t encroaching, it was left off the map. The client reviewed the map, said thanks, and went off to use it as a starting point for a conversation with the neighbor. Next thing I knew, a city code enforcement officer called to ask why I had dimensioned the encroaching fence but not the encroaching shed. When the code enforcement officer shared what had been submitted, I learned that not only had the client hand-drafted the shed onto the map, but he also showed it as slightly encroaching. After sharing the actual map with the code enforcement officer, I called the client with a lecture about not altering signed drawings and told him to never call our office again. Dan's Experience
15 Professional Land Surveyors of Oregon | www.plso.org Featured Article *Note how much longer mine is than Dan’s? How is it that he always gets the comparatively simple things?!? Anyway… About a year ago Mr. Zebra (names changed to avoid libel) contacted me for a partition of his uncle’s property so that he and his uncle, Mr. Rabbit, could be neighbors. In searching for existing boundary monuments, there was one, and only one, that Mr. Rabbit made a point of taking the crew to and stating that it was his property corner. The top of the rebar was several inches above ground and punched completely through the cap and pile of rocks supporting the rebar. All suspicious, especially when the distances to monuments on either side were compared and found to be significantly out when all the other found monument pairs were nearly right on. The rebar as found was further into the neighbor’s property than where I calculated it should have been. After talking with Mr. Rabbit (who insisted it had been set that way), the affected neighbor (who didn’t think he’d ever been to that area of the property so had no idea) and the other surveyor (who insisted he wouldn’t have set a monument in that condition and that his records indicated it was in the same place as the record dimensions) I concluded someone had moved the monument and chose to not hold it. The plat I prepared showed the found monument, the monument I had decided to set at the record location, and the 1,024-square-foot area between them as “contested” (see copy of detail sketch included on the plat). The crew set this monument on their first trip to the site, not for any particular reason; it’s just how things shook out. When they came back a few days later they attempted to use the monument as a setup check but couldn’t find it. After several minutes of fruitless searching, they found the rebar with a very beat up cap hiding under a pile of rocks nearby. After a call to our county surveyor for help brainstorming (as an aside, Lane County has an amazing county surveyor, Jay, who I’m so grateful to have as a resource) it was decided to reset the monument as far below grade as possible along with a “deep one” magnet underneath. I also called Mr. Zebra with a lecture about ORS 209.150 (the 1st Commandment . . . Thou shalt not disturb a survey monument). Mr. Zebra insisted that Mr. Rabbit hadn’t done anything except move the lathe indicating the location of the monument. When the crew returned to the site to set the monument again, they found the rebar they set a few days before now awkwardly wedged into a hole that looked just like it would after being enlarged to remove a rebar. That was removed and a fresh monument set. I also called Mr. Zebra with a lecture about ORS 209.150 (the 1th Commandment . . . Thou shalt not disturb a survey monument). Mr. Zebra insisted that Mr. Rabbit hadn’t done anything except move the lathe indicating the location of the monument. Renee's Experience
On the Capitol Hill steps for the April 23, 2024, NSPS meeting. 16 The Oregon Surveyor | Vol. 47, No. 4 Featured Article On Tuesday, April 23, a contingent of Oregon surveyors converged on the halls of Congress to lobby on your behalf. Unfortunately, Congress was in recess, but the staff in each of the congressional offices hosted us and we had some great meetings. One thing you quickly learn in Washington, D.C. is that the staff run the place and the members vote. There are some incredibly bright young people in these offices who are very well versed in policy issues and ask some great questions. In total, approximately 60 NSPS members from 37 states participated in the 2024 NSPS Day on the Hill. Approximately 140 congressional meetings took place to present three issues affecting surveyors around the country. Your representatives from Oregon were Ben Stacy, Matt Banton, PLSO Lobbyist Darrell Fuller, and myself. The issues presented to our representatives included: • A request for a “Sense of the Congress” resolution on the importance of preventing deregulation of the professional licensure. This resolution would allow states to point to the importance placed on professional licensure by congress when defending against local deregulation legislation. The recent example of this in Oregon was the fight last year regarding Water Rights Examiner Certificates. • A request for a Survey Monument Preservation provision to be included in upcoming disaster relief legislation. Recent examples of why this legislation is important can be drawn from the 2020 Oregon Wildfires and the 2023 Lahaina, Hawaii fire. • A request for a “TAP” Pilot program to be funded within the upcoming National Defense Authorization Act. TAP stands for the Transitional Assistance Program which helps military service members transition to civilian life and careers. The proposed pilot program would aim to connect military members with relevant surveying and mapping skills they learned in the military with the civilian jobs in the surveying profession. Overall, the Day on the Hill was a very successful day and although we were not able to get commitments to sponsor our legislation, we made great connections with staff and were able to educate them about surveying and the issues we face. If you would like to know more about the experience please reach out to Ben Stacy and Matt Banton for feedback and to plan your future participation in this event. This was Ben’s second year attending and Matt’s first. Thank you to both of them for representing PLSO and NSPS in Washington, D.C.! In addition to the lobbying efforts on Tuesday, 24 teams which included high school and college students from around the country participated in the NSPS student competition on the capitol mall and NSPS Spring Meeting Report By Pat Gaylord, PLS
The Oregon Delegation with Senator Ron Wyden, center. 17 Professional Land Surveyors of Oregon | www.plso.org Featured Article around the D.C. metro area. Unfortunately, the northwest was not represented in this competition, but I can assure you a great time was had by all. The remainder of the week was taken up with committee meetings and the spring business meeting. A brief sample of some of these meetings is below. I encourage you to visit the NSPS website and review the state reports, committee reports and meeting minutes to learn more. • Scouts Committee—updated Surveying Merit badge requirements have been accepted by the National Scout Office and are now in place and available on the scouting website. The 2026 National Scout Jamboree will be held at the Summit Bechtel Reserve in West Virginia. If you have interest in participating in the event with NSPS, contact David Collier, NSPS Director for New Hampshire. • NSPS Government Affairs Update for April 2024 has been released and was reviewed in the Government Affairs Committee. The report is 13 pages long and is available on the NSPS website. To learn more about the political issues and policies affecting the surveying profession please check it out. https://cdn. ymaws.com/nsps.us.com/resource/ resmgr/2024_spring/nsps_government_ affairs_upda.pdf. • The NSPS PAC has created additional Jefferson Club annual contribution levels which now include Benjamin Banneker ($1,000), Andrew Ellicott ($500), and Jeremiah Dixon ($250). Donations can be made by credit card on a monthly basis or as a lump sum donation annually. The Ellicott level equates to only $41.66 per month! Supporting the PAC supports the legislative efforts of NSPS. In past years, the PAC supported our Overall, the Day on the Hill was a very successful day and although we were not able to get commitments to sponsor our legislation, we made great connections with staff and were able to educate them about surveying and the issues we face. efforts in Oregon to connect with and present to Representative Schrader which ultimately led to passage of the 3DEP legislation. More members are needed and it would be great to see more representation from Oregon. https://nsps. us.com/page/JeffersonClub. • The Workforce Development committee is very active and working to expand their connections to other industries and expand their support of surveyors promoting the profession. Current efforts include coordination with NCEES, development of speaker kits for K–12 school visits, and speaking engagements, military recruiting, and more. • The Western States Directors Council meeting was well attended and there was good discussion regarding issues facing the various states. Deregulation proposals and legislative efforts is a prominent issue that several of the states have dealt with recently. The fall NSPS meeting is October 21–23 in Albuquerque, New Mexico.
By Pat Gaylord, PLS Lost The surveyor
Empire State Building. Looking north towards Central Park from the 102nd floor. Chrysler Building is in northeasterly direction at approximately 2 o’clock. Looking south towards the new World Trade Center building with Statue of Liberty and Ellis Island in the right background. 19 continues My wife and I first visited New York City in 2021 as Covid was starting to subside and we wanted to go somewhere. At that time, we visited the Statue of Liberty and several other famous landmarks, but of course you can’t get them all in one short trip. We recently ventured back to continue our exploring, which, like many other surveyor’s vacations, uncovered several bits of our profession’s history. We toured the city for several days and took in a Yankees game as well. NGS data sheets reveal our vacation culminated with standing inside one of the world’s tallest and most famous triangulation stations. Answer What national landmark is also a famous triangulation station? Question Professional Land Surveyors of Oregon | www.plso.org The Lost Surveyor
Ellis Island. 20 continued Our 2021 visit to Lady Liberty was, unknowingly, my first venture inside a famous triangulation station. Of course, just like Mount Rushmore, the unsuspecting public has no idea they are there to visit a surveying icon. Foolishly, they assume she’s simply a beacon of freedom! In addition to a traditional mark on the southerly side of the island, the bottom of Lady Liberty‘s torch was established and first observed as a triangulation station (PID# KV4410) in 1887 and remains in good condition today. This trip included a visit to the Ellis Island Museum, where we learned that if it weren’t for a surveyor’s promotion, the Carolinas might not exist as we know them. Ellis Island is truly a surveying mecca in New York. It‘s home to three triangulation station features (PID #KV4300, KV4307, AND KV4310) as well as a standard disc at the water’s edge. In addition to the surveying marks on the island we found the museum to be a fascinating history of immigration in the U.S. The “Journeys: The Peopling of America 1550–1890” exhibit on the ground floor included highlighting a 1709 account by John Lawson and his travels through the Carolinas. His upbeat description strove to encourage settlement of the area by Europeans. John Lawson’s book promoted the beauty of the Carolinas and he founded two settlements in North Carolina: Bath and New Bern. After his initial exploration of the area, which covered almost 600 miles, he settled near the Pamlico River and began earning a living as a private land surveyor. By 1705 he had ascended to the position of Deputy Surveyor for the Lords Proprietor of Carolina. By the time of publication in 1709, he held the position of Surveyor General of North Carolina. The local inhabitants did not find his writings nearly as compelling as the Europeans who welcomed his book with rave reviews. The Tuscarora people captured him in 1711, and tortured and killed him. Lawson’s death led to the Tuscarora War and ultimately the defeat of the native people in 1715. Our New York adventure ended with a visit to the Empire State Building, another surveying icon with a fascinating history and once the claim of the tallest triangulation station in the world! Maybe it was the tallest building in the world, but we’ll stick with the surveying focus of this article. The history of this station and the construction of the building is amazing and honestly, in my humble opinion, shows how far we have slipped in our abilities to get things done in a timely manner. In 1929, the Chrysler Building (PID# KU3994), the first tallest triangulation station in the world, claimed the title of world’s tallest building. Plans for construction of the Empire State Building were announced August 29, 1929, and only 200 days later construction began. The framing of the 100-story building took a mere 23 weeks and the finish workers behind them completed the rest in about eight months. One year and 45 days (410 days total) after construction began, the building opened and the newest tallest triangulation station in the world was opened for business. In today’s world it takes more than 410 days just to get the permits! Although very little surveying information is available on the internet, on our way to the observation platform elevators we encountered a small exhibit about surveyors in the construction of the building. Levels around the room show The Oregon Surveyor | Vol. 47, No. 4 The Lost Surveyor
Foreground: survey marker with sign reading, “This marker used to position the surveyor’s levels for the construction of the building. The Empire State Building rose upward 102 stories from the excavation pit.” Background: replica levels for visitors to view short videos of 1920’s New York City. John Lawson book cover replica at Ellis Island. Interpretive sign reads, “Travel narratives of the early 18th Century often romanticized the ‘new world.’ In his 1709 account of travels in the Carolinas, English explorer and surveyor John Lawson wrote an upbeat description of a bountiful, beautiful land and its peaceful inhabitants to encourage other Europeans to settle the colony.” Surveying scenes viewed through levels in Exhibit 2. Note the survey crew of women, which would have been very unusual in the 1920s, with what appears to be a transit viewing the leveling or stadia rod in the next video. 21 continues Professional Land Surveyors of Oregon | www.plso.org The Lost Surveyor
Statue of Liberty. Plaque on the 86th floor of the Empire State Building describing the triangulation station. continued 22 short videos of 1920s scenes prior to construction, which include two surveying scenes. A stone marker supposedly used by surveyors to position their levels is featured prominently in the room. Arriving at the 86th floor, a prominent plaque in the southwest corner of the observation deck identifies the first triangulation station (PID #KU3600). Although I did not notice the disc and reference marks described in the NGS data sheet, I assume they still exist. Moving up to the 102nd floor, with glass from floor to ceiling, an amazing view of the city greets you as you step out of the elevator. A compass rose on the ceiling provides orientation with wayfinding marks around it to important landmarks. The center of this observation level places you at the center of the triangulation station directly under the radio tower (PID #KU3602). The Chrysler Building is prominently in view a short distance to the northeast and the marks at Statue of Liberty and Ellis Island are visible in the distance. Just like “Three Surveyors and another guy,” New York offers us four triangulation stations and a big park! References • Ellis Island museum information • Wikipedia: John Lawson (explorer); https://en.wikipedia.org/wiki/John_Lawson_(explorer • NGS data sheets for Statue of Liberty, Ellis Island, Chrysler Building, and Empire State Building • Britannica: Empire State Building | Height, Construction, History, & Facts; https://www.britannica. com/topic/Empire-State-Building • Civil Engineering portal: Empire State Building; https://www.engineeringcivil.com/empire-state-building.html • Empire State Building Fact Sheet 4 9 14: https:// www.esbnyc.com/sites/default/files/esb_fact_ sheet_4_9_14_4.pdf The Oregon Surveyor | Vol. 47, No. 4 The Lost Surveyor
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