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PAGE A2, KEIZERTIMES, MAY 19, 2017 HOA settles suit for $300K presented by DRIVE A LITTLE – SAVE A BUNCH! 3893 COMMERCIAL ST SE • SALEM MORE INFO AT NORTHERNLIGHTSTHEATREPUB.COM UFC 212 Aldo vs. Holloway Saturday, JUNE 3, at 11:00 am MOVIE: S MURFS : L OST V ILLAGE [ PG ] Sensory Sensitive Show ONLY $4 Special showing for kids and adults with Autism or other sensory sensitivities. LIVE STAND UP COMEDY SATURDAY, JUNE 3 —–———— 21 & OVER —————— Live Fights at 5 pm – Tickets $13 9 fi ghts in all on the HUGE screen! Reserved Seats Available Now Online Lights, Comedy, Laughs! Saturday, June 10 JAMES P. CONNOLLY & JOHN HILDER will perform at 7pm and 9pm. Admission is only $10. Ages 21 & over only. Reserved seating for this show. Purchase tickets at box offi ce or at our website. Today in History One of the fi rst major treaties designed to limit the spread of nuclear weapons goes into effect as the Soviet Union ratifi es an agreement banning nuclear weapons from outer space. The United States, Great Britain, and several dozen other nations had already signed and/or ratifi ed the treaty. — May 19, 1967 Food 4 Thought “Above all, be the heroine of your life, not the victim.” — Nora Ephron author of When Harry Met Sally and Sleepless in Seattle, born May 19, 1941 The Month Ahead Continuing through Sunday, May 21 McMenamins UFO Festival at Hotel Oregon in McMinnville. A wide variety of events and activities surrounding UFOs including lectures, speakers, runs and the UFO Festival Parade at 2 p.m. on Saturday, May 20. ufofest.com. Friday, May 19 – Saturday, May 20 Keizer Community Library Book Sale, 8 a.m. to 5 p.m. Friday, Saturday 9 a.m. to 4 p.m. Keizer Civic Center. Friday, May 19 – Sunday, May 21 Volcano RV Show, Volcanoes Stadium. Free admission. Visit volcanoesrvsummersale.com for details. Friday, May 19 Author Karen Russell to read at Oregon State University at 7:30 p.m. in the Valley Library Rotunda, 201 S.W. Waldo Place. The event is free and open to the public. 541-737- 1658. Southeast Keizer Neighborhood Association meeting, 6:30 p.m. Southeast Keizer Community Center, 1045 Candlewood Drive N.E. Saturday, May 20 The Keizer Stake of the Church of Jesus Christ of Latter Day Saints hosts Family Discovery Day at the Family History Center, 862 45th Ave N.E. in Salem. 8:30 a.m. to noon. Learn how to research vital records and online databases to trace your familial roots. Free. Iris Festival Parade, 10:30 a.m. to 12:30 p.m. Road closures begin at 9 a.m. Lemonade Day in Keizer and Salem. Kids learn about business by operating their own stand. Hundreds of stands throughout Keizer and Salem. Visit Facebook.com/ lemonadedaysalemkeizer. The Great Junk Hunt, in Columbia Hall at Oregon State Fairgrounds and Expo. 9 a.m.-4 p.m. Admission is $5. Sunday, May 21 The Salem Concert Band presents a Pacifi c Premiere at 3 p.m. at the Willamette University in Hudson Hall. $5 student general admission, $15 general admission, and $20 reserved seating. salemconcert-band.org or 503-362-0485. Wednesday, May 24 By ERIC A. HOWALD Of the Keizertimes A family suing the McNary Estates Homeowners Association (HOA) for discrimination against their developmen- tally disabled daughter settled the suit for $300,000 last week. The amount will be paid by the HOA’s insurer. While the settlement did not re- quire an admission of fault or responsibil- ity, the family’s attorney, Dennis Steinman, said making the fi nal amount public was a priority for the family. “What was important to the Kuhns was that everybody should know what is going on with this particular HOA – and HOAs, in general – and the impact having violated the law can have,” Steinman said. The lawsuit stemmed from incidents that occurred in 2015. Gary and Renee Kuhn, along with their daughter Khrizma, purchased a RV to accommodate a host of maladies Khrizma suffers from and that require her to have access to a bathroom even on short trips. The family began parking the RV in their driveway and ran afoul of the HOA’s covenants, conditions and restrictions (CC&R). The family requested waiv- ers given the medical necessity, but they were denied on several occasions. The Kuhns also ran into hostility and passive- aggressive monitoring by their neighbors according to the original complaint. The Kuhns sold their home in the fall of 2015 and fi led suit against the McNary Estates HOA, the Fountains at McNary Pentacle Theatre presents Ken Ludwig’s Leading Ladies, a theatrical comedy set in 1950s Pennsylvania, opening tonight and running through June 17. Visit pentacletheatre. org for tickets and show dates. Monday, May 29 Memorial Day. Government institutions closed. offi ces and fi nancial Monday, June 5 The Historic Grand Theater presents Igor and the Red Elvises in concert, 8 p.m. Tickets are $20 at the door, $17 advanced purchase. enlightenedtheatrics.org. Monday, June 12 Gordon Lightfoot—In Concert: The Legend Lives On, 8 p.m. Tickets range from $49 to $69. elsinoretheatre.org. Saturday, June 17 By ERIC A. HOWALD Of the Keizertimes Presented with the choice of wading deeper into regulat- ing vehicle-for-hire operations or pulling back altogether, the members of the Keizer City Council opted to wash its hands of the issue. The council revisited the city’s ordinance governing vehicle-for-hire companies at a meeting Monday, May 15. The issue was fi rst brought up at a meeting in April when the owner of Willamette Valley Taxi Company requested the city waive its rules requiring drivers to purchase an operators license and pay an annual fee to service Keizer residents. Council members unani- mously opted to repeal the Keizer ordinance, but doing so By HERB SWETT For the Keizertimes School administrators answered Salem-Keizer School District budget committee questions Tuesday, May 9, at the second meeting of the committee. Super intendent Christy Perry said several funds, not just the general fund, pay for career and technical education. Michael Wolfe, chief operating offi cer, noted that the district does not set Public Employees Retirement System rates. He said the administration looks at a fi ve-year average and targets between 50 percent and 75 percent of PERS funds for a reserve. He told the committee the administration has a target of 5 percent to 7 percent for the contingency fund. District policy, he said, requires at least 1 percent. Mark Bateman, a committee member, said the district should fi gure out what it is spending on recruiting teachers. Chris Brantley, a committee member who serves on the School Board, said the district should look at the cost of induction as well as that of recruiting. State sources provide 49 looking back in the KT 5 YEARS AGO McKane announces mayoral bid 3893 COMMERCIAL ST SE THIS WEEK’S MOVIE TIMES Power Rangers (PG-13) Fri 1:55, Sat 3:15, Sun 12:50 Ghost in the Shell (PG-13) Fri 8:25, Sat 8:25, Sun 8:40 The Great Wall (PG-13) Fri 9:15 Hidden Figures (PG) Fri 6:50 The Shack (PG-13) Fri 4:20, 5:50, Sat 12:45, 5:35, Sun 3:15, 8:30 The Case for Christ (PG) Fri 1:45, Sat 3:50, Sun 12:25, 6:15 Get Out (R) Fri 9:00, Sat 6:00, 9:00, Sun 6:40, 8:20 Sunday, June 25 Logan (R) Fri 6:25, Sat 6:25, 8:05, Sun 5:45 Add your event by e-mailing news@keizertimes.com. also paves the way for compa- nies like Uber and Lyft to oper- ate in city limits without incur- ring additional costs. “This would eliminate the problem for Willamette Valley Yellow Cab and, as far as Uber and Lyft, the liability would be on them for their contractors,” said Mayor Cathy Clark. In March, the city sent let- ters to the area’s cab companies requesting compliance with a city ordinance requiring drivers to register and pay a one-time $50 application fee in addition to $35 yearly. Keizer’s policy had been to honor taxi licenses issued in Sa- lem, but Community Develop- ment Director Nate Brown said a single operator who wanted to get his license in Keizer and have Salem honor it. The Keiz- er license is cheaper. It ended up being the only Keizer taxi license issued since the adop- tion of the ordinance covering vehicle-for-hire operators in 1994. At the same time, the Salem City Council was re-examining its ordinances that kept com- panies like transportation net- working companies (TNC) out of the area. The TNC des- ignation was self-selected by companies like Uber and Lyft and allows them to call drivers independent contractors and sidestep vehicle-for-hire laws. Uber plans to begin service in the Salem metro area on June 6. “The Salem Council has be- come a little more friendly and changed regulations to match up with Uber requests,” said Keizer City Attorney Shannon School board talks budget Vans Warped Tour, Cascade Hall, Oregon State Fairgrounds and Expo, 11 a.m.-9:30 p.m. Tickets range from $35 to $50. vanswarpedtour.com. McMinnville Garden Club 17th Annual Garden Tour and Faire. Garden tour from 10 a.m. to 4 p.m. $10 admission. Free garden faire from 9 a.m. to 4 p.m. Tickets available in McMinnville at: Kraemer’s Garden Center, Incahoots, and Great Harvest Bread Company; June 15 and 22 at the Farmer’s Market; and June 25 day of tour at the garden faire, Kraemer’s Garden Center, and fi ve tour gardens. mcminnvillegardenclub.org. fence to prevent an 11-year-old develop- mentally disabled boy from wandering off the property of his mother’s boyfriend. “They didn’t get it,” Steinman said. While some lawsuits against HOAs have resulted in larger settlements regard- ing similar issues, Steinman said the Kuhn settlement was one of the most signifi cant in Oregon, and nationwide, for a single HOA and plaintiff. “This really stands out, and it should send a message to HOAs that when they violate the laws that the penalty is going to be felt,” Steinman said. In addition to the monetary settle- ment, HOA offi cials have to provide the Fair Housing Council of Oregon’s doc- umentation on how to get a reasonable accommodation as part of their CC&R’s. The rules also had to be posted on the HOA website, sent out to existing home- owners, and will be given to new pur- chasers. The decision also has larger-scale im- plication. Going forward, the decision in the case can be used as precedent for oth- er cases when HOAs and disabled resi- dents’ needs come into confl ict. “The crux of this case is whether the choice of a disabled person about how they want to deal with their disability is greater than the voice of the HOA about how they want their community to be lived in. In the strongest possible terms I’ve seen, this case lays out that CC&Rs don’t trump what the law says,” Steinman said. City will stop licensing taxi drivers Renowned violinist Joshua Bell joins the Salem Symphony at the Historic Elsinore Theatre, 8 p.m. Tickets range from $30 to $70. Also available is the Stradivarius VIP Experience (tickets are $250) which includes an opportunity to meet Joshua Bell. elsinoretheatre.org. Friday, May 26 Estates and the Phase 8 HOA as well as two individuals. The Fountains at McNary and Phase 8 HOA settled with the Kuhns in mediation. All the Fountains and Phase 8 board members were required to attend a fair housing training, review and adopt of reasonable accommodation procedures and pay monetary damages of $25,000. In January, U.S. District Judge Ann Ai- ken issued a summary judgment fi nding that the McNary Estates HOA had dis- criminated against Khrizma in their re- fusal to accommodate the RV. Steinman said the family did all the right things in their attempt to seek a waiver and that resulted in a strong case. “(The Kuhns) brought in experts through the Fair Housing Council of Or- egon to advocate for them and provide signifi cant and detailed support as to why this should have been permitted,” Stein- man said. While that was one reason he decided to take on the case, it was not the only one. “There wasn’t really well-established law regarding the HOAs’ obligations to make reasonable accommodations for someone with disabilities. We wanted to make sure that it was squarely addressed, and we did,” Steinman said. He added that it was not the fi rst time the McNary Estates HOA was found in violation of fair housing standards. In the 2011, the McNary Estates HOA was determined to have violated the Fair Housing Act by not allowing a privacy Smurfs: The Lost Village (PG) Fri 2:05, 4:00, Sat 12:25, 2:00, 4:20, Sun 12:00, 2:40, 3:55 The LEGO Batman Movie (PG) Fri 4:10, Sat 12:00, 2:15, Sun 1:50, 4:30 FOR ALL SHOWTIMES GO TO NORTHERNLIGHTSTHEATREPUB.COM percent of the projected revenues for 2017-18. Local sources, including property taxes, provide 25 percent. Of the remainder, 17 percent comes from federal sources, 7 percent from intermediate sources, and 2 percent from other sources, including the beginning fund balance. The committee will hold hearings May 22 and 23 and, if needed, May 24. Johnson. “You have a dilemma. On one hand, it’s a reduction of regulation. On the other, it’s a service people have been ask- ing for.” Given that eliminating the regulation reduces staff time spent enforcing the matter as well as liability if anything goes wrong, Johnson advocated for the repeal. Before calling for the vote, Clark added that allowing TNCs to operate in Keizer had other benefi ts. “One of the benefi ts is the quick response and the reduc- tion of driving under the infl u- ence. People can order a ride from their phone and they are there before the caller has a chance to rethink their deci- sion and get behind the wheel,” Clark said. KMUZ funder Ken Ludwig’s Leading La- dies will be performed at the Pentacle Theater, 324 52nd Avenue N.W. Proceeds from the perfor- mance on May 31 will benefi t KMUZ, a mid-Willamette Valley radio broadcaster. The performance starts at 7:30 p.m. Tickets are $25 per person. The comedy opens May 26 and runs through June 17. Purchase tickets at pentacle- theatre.org. sudoku Enter digits from 1-9 into the blank spaces. Every row must contain one of each digit. So must every column, as must every 3x3 square. David McKane announced that he’s running for mayor of Keizer. 10 YEARS AGO Fire chief to retire Chief Greg Frank announced he will be retiring after 17 years as chief. He’s been with the department for 26 years. 15 YEARS AGO KEIZERTIMES.COM Web Poll Results Park advocates plead for money The Park Board’s fi rst option is to seek increased funding through the city’s budget process. Putting a charter amendment on the ballot is the board’s second option. Are you in favor of the proposed casino in north Salem? 20 YEARS AGO Accounting’s loss is Keizer’s gain For Detective Jeff Kuhns, it was autopsies over accounting. That choice led him to police work and eventually a post with the Keizer Police Department. The department itself named Kuhns 1996 Offi cer of the Year. 62% – No 38% – Yes Vote in a new poll every Thursday! GO TO KEIZERTIMES.COM
