hlsa nl mar-apr 2015circuit court of appeals. the appellate court ruled that the ncbde (an obvious...

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March-April 2015 Volume 28, Issue 2 PRESIDENT’S MESSAGE A few weeks ago, as I was running some errands, I saw a couple of guys surveying. As I passed by I recognized who they were and made a detour around the block to say hello. I remember when they rst started surveying, they did not know much about it, and at the time, I had the opportunity to help train and teach them about land surveying. Now, one of them is licensed and the other is considering the path to licensure. It gave me a sense of satisfaction knowing I had a part in helping them with their careers in surveying. I was denitely not alone in helping to teach them, but did play a role in their success. How many of us have had the good fortune of a mentor who took them under their wing to show us the art and science of surveying? I am fortunate that I have had the opportunity to learn from many “old school” surveyors who took the time to teach and explain the surveying profession to me and I am very grateful to them all. Even after more than 20 years of surveying, I am still learning and helping to provide training to others. As our profession continues to advance in technology, it is up to the experienced surveyors to pass on the “art of land surveying” to our up and coming surveyors. There is so much more to surveying than just collecting and processing data through a computer. I will not go into all the aspects of our profession but I instead wanted you to consider the advantages of having a well trained surveyor in your employment and our profession. Whether helping them by providing the opportunity to learn more about the theory of surveying, allowing them to take on more responsibility to grow professionally, or simply giving them the opportunity to succeed in tasks above their normal duties. We each have the opportunity to affect someone’s future in surveying, let’s make it a positive one! It may be just the experience they are looking for to become the next generation surveyor. Clayton Kaneshiro HLSA President

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Page 1: HLSA NL Mar-Apr 2015Circuit Court of Appeals. The Appellate court ruled that the NCBDE (an obvious parallel to our own BPELS) was indeed illegally restricting free trade. The case

March-April2015

Volume 28, Issue 2

PRESIDENT’S MESSAGE

A few weeks ago, as I was running some errands, I saw a couple of guys surveying. As I passed by I recognized who they were and made a detour around the block to say hello. I remember when they fi rst started surveying, they did not know much about it, and at the time, I had the opportunity to help train and teach them about land surveying.

Now, one of them is licensed and the other is considering the path to licensure. It gave me a sense of satisfaction knowing I had a part in helping them with their careers in surveying. I was defi nitely not alone in helping to teach them, but did play a role in their success.

How many of us have had the good fortune of a mentor who took them under their wing to show us the art and science of surveying? I am fortunate that I have had the opportunity to learn from many “old school” surveyors who took the time to teach and explain the surveying profession to me and I am very grateful to them all. Even after more than 20 years of surveying, I am still learning and helping to provide training to others.

As our profession continues to advance in technology, it is up to the experienced surveyors to pass on the “art of land surveying” to our up and coming surveyors. There is so much more to surveying than just collecting and processing data through a computer. I will not go into all the aspects of our profession but I instead wanted you to consider the advantages of having a well trained surveyor in your employment and our profession. Whether helping them by providing the opportunity to learn more about the theory of surveying, allowing them to take on more responsibility to grow professionally, or simply giving them the opportunity to succeed in tasks above their normal duties.

We each have the opportunity to affect someone’s future in surveying, let’s make it a positive one! It may be just the experience they are looking for to become the next generation surveyor.

Clayton KaneshiroHLSA President

Page 2: HLSA NL Mar-Apr 2015Circuit Court of Appeals. The Appellate court ruled that the NCBDE (an obvious parallel to our own BPELS) was indeed illegally restricting free trade. The case

Page 2

*Legal Alert* US Supreme Court case no. 13-534

The North Carolina Board of Dental Examiners vs the Federal Trade Commission

While this may seem trivial to you the reader, I encourage you to engage your curiosity and read on:

This case is interesting to surveyors on two levels. The fi rst being the origin of the case wherein the NCBDE tried to use its authority to stop non-dentists from offering teeth-whitening services in places like spas and tanning salons. (This has an obvious parallel with non-surveyors using survey equipment to perform what we consider survey services) The board was taken to court for interfering with free trade. The argument was that teeth-whitening is a mature technology that can be safely offered to the public by non-dentists and attempts to restrict this service to dentists are actually efforts to restrict free trade, a violation of anti-trust laws. The board lost the case and that outcome was upheld on appeal by the Fourth Circuit Court of Appeals.

The Appellate court ruled that the NCBDE (an obvious parallel to our own BPELS) was indeed illegally restricting free trade. The case before the Supreme Court is centered on this. Obviously a ruling in favor of the FTC could have drastic consequences for our own board and therefore the regulation of our profession. NCEES (among others) fi led an amicus brief for the petitioner (NCBDE), with Pacifi c Legal Foundation and the Cato Institute (among others) fi ling an amicus brief for the respondent (FTC).

While our state board exists to protect the public from us, it also serves to protect the profession to a large degree. Weakening that protection would be bad for all of us.

This article was brought to our attention by Mr. Carl C.deBaca, PLS

Vendor AcknowledgementWe would also like to thank the vendors who came out and contributed to our conference. We truly appreciate all of your support in making our conferences a special event with your booths and demonstrations. Thank you very much to:

• Bentley Systems – Fran Varga & Lisa Whitson• Surveyors Supply Co. - Josh Stephens & David Wilmarth• ESRI – Craig Clouet• Hubs Hawaii – Rodney Chin & Cary Takemoto• Carlson Software – Shave Gardner• GPS Hawaii – Arden Torcuato• Pacifi c GPS - Karyn Nolan & Terry Klock• Spectra Precision Geoinstuments – Joe Binder & Tom Stevens• Traverse PC – Erick Tanikawa & John Balcom

Page 3: HLSA NL Mar-Apr 2015Circuit Court of Appeals. The Appellate court ruled that the NCBDE (an obvious parallel to our own BPELS) was indeed illegally restricting free trade. The case

Page 3

Distinguished Guest Acknowledgement

HLSA would like to express our sincere appreciation and thank you to our distinguished guests who attended our conference and spoke to the members. It was an honor to have them meet and talk to our members who otherwise may not have had the opportunity to listen or gain valuable information from them.

Pat Smith, RPLSMr. Smith is the National Society of Professional Surveyors President 2014/2015Associate Surveying & Mapping LLC (SAM)

Carl C. de Baca, PLSMr. de Baca has been involved in the profession of surveying since 1980 and is licensed in Nevada and California. In 2005, he started his own consulting fi rm, Alidade, Inc. specializing in mining-related surveys. Carl is a member of the National Society of Professional Surveyors and is currently serving his sixth and fi nal year on the Board of Directors representing Area 9 (HI, CA, NV & Guam). He is a member of the California Land Surveyors Association, the Nevada Association of Land Surveyors and the Hawaii Land Surveyors Association. Carl has served CLSA as Liaison to California Board of Professional Engineers and Land Surveyors, CLSA state Treasurer, CLSA state Secretary and NSPS Governor. Carl is currently serving NALS as state Secretary. He has previously presented workshops to HLSA on the topics of the surveyor’s role in machine guidance and cadastral surveys in cow country.

Matt Vernon, PLSMr. Vernon is a California Licensed Land Surveyor with specialized experience in boundary and right-of-way mapping, geodetic control, land descriptions, construction and topographic surveys. Matt has over twenty-fi ve years of increasingly responsible senior management experience in both the public and private sectors. He is a past President of the California Land Surveyors Association (CLSA), and he represents California as Governor to the National Society of Professional Surveyors (NSPS). Matt currently manages the Camarillo Offi ce at RBF Consulting providing business development, project management and supervising multi-discipline civil engineering, planning and land surveying operations.

Pat Smith, RPLS Pat Smith, Carl C.deBaca, Matt Vernon

Page 4: HLSA NL Mar-Apr 2015Circuit Court of Appeals. The Appellate court ruled that the NCBDE (an obvious parallel to our own BPELS) was indeed illegally restricting free trade. The case

Page 4

INPUT AND SUGGESTIONS NEEDED!One of the goals the HLSA board would like to accomplish this year is to provide more workshops on Oahu and the neighbor islands. We would like to propose utilizing modern technology to help provide these opportunities. One of the suggestions discussed at our last board meeting is to provide a workshop via webinar.

We would like to receive any comments on having these workshops offered this way. Do you feel having a workshop through a webinar would be more accessible? Would it be more appealing or less appealing to sign up for? There are a lot of positives to having a webinar, especially logistics and less expenses, but we also understand there are downsides too. Less personal interaction, looking at a monitor instead of learning in a workshop environment, along with other concerns.

With some of these issues in mind, we would like to have some feedback from the members about this idea, and what type of subjects you would like to have workshops on. Please think about it, and let us know your thoughts.

Please submit your suggestions and ideas to:

[email protected] orHawaii Land Surveyors AssociationP.O. Box 2981Honolulu, Hawaii 96802

Mahalo!

CONGRATULATIONS to Lester Poon of ESH on passing the CST Exam Part 1!

Lester took the exam offered during the 2015 Surveyors Conference.

The Part 1 test was an open book, 4 hour exam with 200 questions which examinees are required to demonstrate knowledge of basic fi rst aid skills and safety requirements. The individual posseses a basic knowledge of fi eld operations and types of surveys as well as familiarity with fi eld equipment and procedures used in these functions. Additional skills required include computational ability, survey note taking, drafting/CAD and map reading. The goals of the Survey Technician Certifi cation Program are:• Recognize the important contribution that technicians provide to the surveying and mapping profession.• Provide credentials to technicians.• Identify those who have achieved specifi c technical competencies.• Provide a career ladder for technicians.• Provide fi rms who support and utilize certifi ed technicians a way to evaluate applicants and an opportunity to promote

the fact that their technical staff is certifi ed.• Provide additional use as an assessment tool.The CST is offi cial recognition by NSPS that a person has demonstrated that he or she is minimally competent to perform surveying tasks at a specifi ed technical level. Certifi cation also provides employers with a method of determining job assignments and advancement since certifi cation is an indication of one’s ability to perform specifi c job tasks. For more information about the CST go to www.nsps.us.com

Page 5: HLSA NL Mar-Apr 2015Circuit Court of Appeals. The Appellate court ruled that the NCBDE (an obvious parallel to our own BPELS) was indeed illegally restricting free trade. The case

Mr. Stanley Hasegawa

Aloha,

It is with a heavy heart that I must say we have lost a fellow surveyor. Mr. Stanley Hasegawa, a former State Land Surveyor, has passed away. He was one of the “old time” surveyors that I mentioned who was not only my boss at one time, but one of the great mentors I have been privileged to learn under. He and Paul Nuha, another former State Land Surveyor, interviewed me for my fi rst position as an Engineering Aid III with the State Land Survey Division.

Stanley was a man of great integrity who was compassionate and dedicated to both his profession and being a public servant. He always looked out for the protection of interest and safety of the public when it came to state and public lands.

Although Stanley was the head of the State Survey Division, he would go above and beyond what I believe someone in his position would do. On many occasions he would stop what he was doing to assist someone in researching information about a family kuleana or other land related issue(s). He would regularly retrieve maps, grants, certifi cates, fi le folders or other pertinent documentation to help provide a timeline or history of what transpired with the particular parcel of land.

He also had an incredible memory and could recall projects from years past with clarity and detail.

Stanley was always patient and polite and what I consider to be a true professional in the most “down to earth” kind of way. They say, in our line of work, that we must “follow in the footsteps” of the previous surveyor to understand what their intent was. I believe in Stanley’s case, it doesn’t pertain only to retracement or boundary studies, but also embodying his values and character as a professional and genuine person.

On behalf of the Hawaii Land Surveyors Association I would like to extend our sincere condolences to the Hasegawa family. May you fi nd peace and comfort in his loving memory.

Clayton KaneshiroHLSA President

Page 6: HLSA NL Mar-Apr 2015Circuit Court of Appeals. The Appellate court ruled that the NCBDE (an obvious parallel to our own BPELS) was indeed illegally restricting free trade. The case

Page 6

3333 Review Questions For Surveyors

Page 7: HLSA NL Mar-Apr 2015Circuit Court of Appeals. The Appellate court ruled that the NCBDE (an obvious parallel to our own BPELS) was indeed illegally restricting free trade. The case

Page 7

• GNSS (GPS)• Total Stations• GIS• Support• Training• Services

Transforming Surveying Through Technology, Innovation and Integration

Field Sessions Office Software Sessions

GNSS RTK Surveying Advanced Trimble Business Center (TBC)

Optical Surveying Quality Assurance in TBC

Trimble Certified Trainings in Honolulu, June 2015!

For more information and to register, contact (808)538-7477

[email protected]

(808) 538-7477Honolulu, HI

Page 8: HLSA NL Mar-Apr 2015Circuit Court of Appeals. The Appellate court ruled that the NCBDE (an obvious parallel to our own BPELS) was indeed illegally restricting free trade. The case

Sustaining Members:

AECOM

Austin, Tsutsumi & Associates, Inc.

ControlPoint Surveying, Inc.

Engineers Surveyors Hawaii, Inc.

Environmental Systems Research Institute, Inc. (ESRI)

Hawaii Engineering Group

Kamehameha Schools

Kaopuiki Surveying LLC

Pacifi c GPS

ParEn, Inc.

R. M. Towill Corporation

Sam O. Hirota, Inc.

Surveyor’s Supply Co., Inc.

Walter P. Thompson, Inc.

2015 Board of Directors

President: Clayton Kaneshirophone: (808) 591-8116 ext. 217

Vice President: Gavin Hiranophone: (808) 586-0389

Secretary: Christina Villa Setophone: (808) 682-1315

Treasurer: Kenn Nishihira phone: (808) 768-8715

1st Director: Joanne Williamson phone: (808) 543-7881

2nd Director: Alika Garophone: (808) 537-9971

email: [email protected]

NSPS Governor: Arden Torcuatophone: (808) 484-5701

Past President: Gavin Hirano

Editor: Clayton Kaneshiro

Hawaii Land Surveyors AssociationP.O. Box 2981Honolulu, Hawaii 96802