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June 1, 2009spacer     
Issue #47
Posted June 1, 2009
Founded in 2007 by The Hillsdale Alliance
Also in This Issue
* Will contested successfully
· The Datebook
Hillsdale News Sponsors

Alissa at Korkage

SUMMER SALE,JUNE 7-13

Visit Paloma Clothing site

Salon Dirk logo
SUPPORT FOOD BANK, JUNE 10, 17 & 22
100% PROCEEDS TO OFB. Details at...


Spa Haircolor Salon Dirk site

Legacy sponsorship


Visit Hopewell House Hospice site

Celeste's logo
Visit a unique undertaking of Celeste Lewis Architecture, LLC

Korkage Logo
Visit Korkage Wine Shop


Alissa at Korkage

Visit Dianne Rodway's site


Bonny Crowley

Visit Bonny Crowley's site


Air Hillsdale Logo

WELLNESS WEDNESDAY 6/17!

Visit Food Front site

Jeff Devine, Chiropractic Physician

Om Base Yoga
Commentary:

Our Mutual Benefit

Alissa at Korkage Todd Williamson, co-owner of OmBase Yoga studio, recently e-mailed me to ask whether I would run a notice of a free yoga class he offers. I paused. "Isn't that advertising?" I asked.

"Not really, it's free," he answered.

But isn't it a business promotion?" I countered. . . .

At which point we decided to sit down and talk over tea (for him) and coffee (for me) at Baker & Spice.

What we came up with is a new section of The Hillsdale News titled "Mutual Benefits." Starting in this issue, it comes after the "Date Book" section.

The idea is this: businesses help neighbors, schools, food banks and other worthy causes, and in return they get exposure to potential customers or just reacquaint with old ones.

Publicizing these "mutual benefits" here may encourage other businesses and organizations to partner for the greater good. It seems like a win-win.

Summer schedule

With summer and vacations, I'll be publishing on a summer schedule. Most of the year I try to publish every other week, more or less. The summer may put me on a three- or even four-week schedule, depending on the news and my available time.

By the way, if there are any budding or seasoned volunteer journalists out there, let me know. I'd be happy to put you to work. Contact me at editor@hillsdalenews.org

Reminder: "$3,000 Question" meeting

Just a reminder that the Hillsdale Community Foundation is holding its "$3,000 Question" forum at the Watershed on Tuesday, June 9, 7 p.m. at the Watershed building lounge. The ideas are already rolling in about how the foundation (I'm the acting board chair) should spend the money from this year's used book sale (July 26). Show up at the Watershed (Bertha Court and Capitol Highway) to make your pitch.

Letters welcomed

Occasionally I get a letter sent to me personally with no indication whether it is intended for publication. If you want me to publish your letter, please address it "to the editor" or tell me specifically that it is for publication. By the way, any editor loves letters-any letters, including rip-snorting critical ones. Surveys show that letters are among the best read features of any publication, on-line or off.

Rick Seifert
Editor
Click HERE for past newsletters
Links to Alliance Members

City's new SW walking map

drops old routes


NewMap Trail 7 on Dosch Southwest Portland has a network of trails to help make up for the region's notorious lack of sidewalks.

Now, it seems, the area has "untrails." Those would be trails that exist, in a kind of bureaucratic limbo, and are no longer designated as recognized trails on the City Bureau of Transportation's latest Southwest "Walk/Bike Map."

The latest map revision, published earlier this year, no longer shows two trails. The deletions, or "untrails" if you will, are evidence of simmering trails problems, mostly having to do with liability and privacy. (The portion of the new map to the left no longer shows a trail between Martins Lane and Fairmount.)

One "untrailed" trail on the new map is a short 100-foot-long segment at the end of Seymour Drive that has been the site of a stand-off between adjacent property owners and the SW Trails organization. SW Trails is a committee of Southwest Neighborhoods, Inc. the coalition of SW neighborhoods.

The volunteer trails group put in steps at the end of the public right-of-way segment and immediately ran into opposition from the property owners concerned about their liability and privacy as well as the steepness and wooden design of the new stairs.
Juniper cut through
The controversy resulted in the city-approved removal of the stairs. And although neighbors have planted small junipers to block access, it's clear that some hikers have tromped around them - stairs or no stairs. (see photo to the right)

The liability issues raised plus new proposed City-imposed permit and notification requirements have stopped SW Trails improvement work in its tracks.

Don Baack, president of SW Trails, has said that "the current brouhaha" makes it unclear if SW Trails needs city permission to do maintenance, and if the organization is exposed to more liability whatever the provision might be.

"In our view, the future of our Urban Trail system is at stake," Baack recently wrote SWNI. He's calling on the City to provide "backstop" liability coverage. Without it, the trails will continue to be in a "no-man's-land status quo," he said.

April Bertelsen, the City's Pedestrian planning coordinator, chaired two tense meetings between all the parties last winter, and hopes to see the liability issue resolved. Under present city regulations, adjacent property owners are liable for injury to hikers on the trails.

Research by the City turned up a state ordinance that shifts liability to the hiker if the trail use is "recreational." But what if use isn't "recreational," asked property owners at the last meeting.

Now Bertelsen says the city hopes to amend a bill in the Legislature so that it would put the liability on to all users regardless of purpose. She declined to speculate on the amendment's chances of approval in the busy session. She noted that the change has no fiscal impact, which could help its chances.

SWNI's board voted to back the amendment at its May 27 meeting.

If the liability issue, building standards, and the privacy issues can be successfully addressed with all stakeholders, Bertelsen hopes future maps will once again show the Seymour segment as an official trail.

Trail 7 signThe other "untrailed" segment on the new map stretches from Martins Lane to Fairmount Boulevard. The trail, which was part of the SW Trails numbered network of trails, isn't a public right-of-way, but a utility access, says Bertelsen. It shouldn't have been put on earlier versions of the map in the first place, she says, as it was never more than a "conceptual route" for hikers.

The trail today shows signs of use. Moreover, a City-installed trail sign (to the left) at the corner of Dosch Road and Martins Lane still points to the lower trailhead (see photo to the left). The "untrail" is signed as part of Trail 7 although the new map (see above), omits the long uphill path and has Trail 7 going up heavily traveled Dosch Road, which has no shoulder or trail for pedestrians.

Which leads to another kind of "untrail."

Bertelsen says that even though the map identifies Dosch as the Trail 7 route, "it doesn't mean that the trail is built." Some other designated routes on the trails map have the same problem.


cummins house

Ownership of Warren Cummins' Hillsdale house was part of his contested will.

Judge: Caregiver manipulated Hillsdale man

to change his will to benefit her


The final will of a 91-year-old Hillsdale man was overturned in Multnomah County Circuit Court in May. The rejected will had left Warren Cummins' estate to an in-home caregiver who had been on the job four month.

In late May after three days of testimony in April and the submission of hundreds of pages in documents, Judge Katherine Tennyson ruled that caregiver Patricia McIntosh had manipulated Cummins into changing his will to make her the sole beneficiary.

The estate, including his house at SW 19th and Boundary, and other assets assigned to McIntosh, is estimated at $1 million.

Cummins, who had lived in Hillsdale 39 years and was preceded in death by his wife, Karen, died last September.

The judge ruled that McIntosh should receive $50,000 as stated in an earlier will, but the the balance of the estate goes to Loaves & Fishes. The agency had provided the Cummins couple "Meals on Wheels" when Mrs. Cummins fell ill. The Multnomah Village-based non-profit had been a major beneficiary in the earlier will.

Attorneys for Loaves & Fishes have agreed to split its share of Cummins estate. Half will go to Cummins' stepson and three adopted children from an earlier marriage.

Tennyson ruled that McIntosh had unduly influenced Cummins and stoked Cummins' anger at his stepson, Fletcher Johnson. McIntosh had fomented and instilled fear in Cummins that Johnson wanted to put the old man in a nursing home, the judge concluded.

McIntosh repeatedly denied that she had influenced the redrafting of the will, but Tennyson rejected her claims.

Instead, Tennyson said testimony showed that it was only after McIntosh moved into the home in late May 2008 that Cummins demonstrated a desire to change his will.

The timing of repeated changes in the will was strong evidence of the caregiver's divisive influence, the judge concluded.

On the stand, McIntosh testified that she implored Cummins not to leave her money.

But Tennyson in her ruling said the most damning testimony was McIntosh's. It came when McIntosh's own attorney, James Cartwright, asked the caregiver: "Why didn't you just say 'no'?" to what McIntosh said was Cummins' insistence that she take the money.

McIntosh answered: "How do you just say 'no'?"

In explaining the decision to set aside the will, Tennyson gave McIntosh a short lecture on when and how to say "no" to something that is wrong.

The Date Book

Wednesday, June 3, 7 p.m. - Hillsdale Neighborhood Association

June's meeting, at St. Barnabas Episcopal Church, 2201 SW Vermont St, will focus on using state "mitigation" money to improve trails near the I-5 Iowa structure, which will be replaced starting next year. The association will also hear about efforts to form a "Common Good" bank and about plans for the old Estby gas station site.

Saturday, June 6, 9 a.m. - One hour for a cleaner Hillsdale

Meet at Food Front for one-hour's work cleaning up litter in Hillsdale and making new friends. Coffee and cookies afterwards.

Thursday, June 4, 3 p.m. to 7 p.m. - Multnomah Farmers' Market

The market opens for its second season. Located next to the Multnomah Arts Center basketball court. Open on Thursdays through September.

Saturday, June 6, Morning - Rieke gardening

Rieke Elementary School parents are looking for volunteers to join them in light weeding and plant mulching at the school's entry. Bring gloves, water, and any garden tools. Contact Carla Asplund at cartroy@mac.com.

Tuesday, June 9, 7 p.m. -
'$3,000 Question' Hillsdale forum

The non-profit Hillsdale Community Foundation wants to know how you would spend $3,000 to help improve Hillsdale.

To find out, the foundation's board is holding "$3,000 question" brainstorming forum on Tuesday, June 9, 7 p.m., at the Watershed building (Capitol Highway and Bertha Court)

The board expects its annual Hillsdale Used Book Sale on Sunday, July 26, will raise the $3,000.

Sundays, June 21 and 28, 10 a.m. to 2 p.m. - Used books collected for sale

Drop off used book donations begins at the Hillsdale Farmers Market. The books will be sold at the July 26 Hillsdale Used Book Sale during the annual Pancake Breakfast. Proceeds will go to the Hillsdale Community Foundation. See above "$3,000 Question" listing.
Mutual Benefit


Short notices of business benefits for the community are listed here. The businesses themselves benefit from their deserved good will. Hence the "mutual benefit."

McMenamins John Barleycorn is holding a benefit for Hillsdale-based Community Partners for Affordable Housing (CPAH), Tuesday, June 16, from 5 p.m. to 1 a.m. (closing). The address is 14610 SW Sequoia Parkway, Tigard. 50 percent of the evening's proceeds go to CPAH.

Haircolor Salon Dirk, 1517 SW Sunset, will give 100 percent of one day's new business proceeds to the Oregon Food Bank. The proceeds will come from new customers seeking hair cutting and coloring services, skin care services, and waxing services on June 10, June 17, and June 22. Clients name their price for services. On the other two days, a portion donated will be 50 percent and 25 percent. Call (503) 244-4242 for an appointment to participate.The salon will also collect non-perishable food items and cash donations between June 10 and June 22.

Om Base is offering free classes to interested students on Sunday, June 28. 2 p.m.-3:30 p.m.
Rick Seifert
Editor, Hillsdale News
(503) 245-7821
editor@hillsdalenews.org

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