Saturday, 18 May 2024

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An important estate planning consideration that sometimes gets overlooked is the funeral, burial and memorial arrangements. What do you want? Who do you want to be in charge? How will the expenses be paid? Do you wish to have your burial site cared and maintained on a regular basis? Let’s examine your options.


Your funeral, burial and memorial wishes should be memorialized in a written instrument, such as your advance health care directive; but the instrument can also be written in a letter to your executor, or your will.


Your written instructions regarding the disposition of your remains and any funeral goods and services must be faithfully observed; provided that your directions are clear and complete, and that necessary payment arrangements have been made.


Financial arrangements can involve insurance, funds designated for that purpose, or prepayment with a funeral director or cemetery.


Your directions regarding internment should say whether you wish cremation or burial. And, if cremation is involved, where and how your ashes should be spread or interred.


The person whom you want in charge should be named as agent in your advance health care directive. Your health care agent has first priority over anyone else with regard to disposing of your bodily remains.


Otherwise, if there is no health care agent, your next of kin – in order of priority – have the legal authority and responsibility to dispose of your remains. Your next of kin are secondarily responsible to pay for the cost of disposing of your remains in the event that your estate is unable to pay the costs.


Those who wish to preserve their burial gravesite in good order may leave money for its care and maintenance. The arrangement for the care of one’s burial site can occur at the time when the site is purchased by you while alive; or, after your death, as a bequest in your will or trust paid to the cemetery.


If you have or will purchase a gravesite, inquire whether the cemetery maintains an endowment care fund to care and maintain the cemetery and/or specific sites.


Such cemetery endowments may remain in existence for perpetuity so long as the money lasts and the cemetery remains in existence. The money can be used for the improvement, embellishment planting or cultivation of the cemetery generally, or for the care improvement, repair, planting, or cultivation of any part of or plot in the cemetery. Paying the cemetery in advance of your passing is the most common approach.


Alternatively, if relevant, you may make a gift of money to a church, or other qualified charitable beneficiary, for the same purposes.


Lastly, leaving money in a so-called “honorary trust” to be established after you die is the least desirable approach as such honorary trusts are unenforceable and may exist for no more than 21 years.


When no such arrangements are made the results can be detrimental for the surviving loved ones.


Bickering over the details – such as where someone gets buried – and paying the expenses is common and can get very ugly. It is best, therefore, that you shoulder the responsibility of planning for your funeral, burial and memorial and not leave it by default to your grieving surviving family.


Dennis A. Fordham, attorney (LL.M. tax studies), is a State Bar Certified Specialist in Estate Planning, Probate and Trust Law. His office is at 55 First St., Lakeport, California. Dennis can be reached by e-mail at This email address is being protected from spambots. You need JavaScript enabled to view it. or by phone at 707-263-3235.


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LAKE COUNTY, Calif. – The county is looking for a group of dedicated volunteers to help keep local waters safe from invasive species.


The Lake County Water Resources Department and the county's Invasive Species Council are looking for volunteers to monitor Clear Lake’s primary launching ramps in an effort to protect the lake from quagga and zebra mussels.


If you are interested in contributing to the prevention of invasive species and protecting the lake, resource, your services are truly needed.


To obtain further information and apply as a program volunteer monitor, please contact Invasive Species Program Volunteer Coordinator Doug Codling at This email address is being protected from spambots. You need JavaScript enabled to view it., telephone 707-994-3305 or fax 707-994-4130.


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LAKE COUNTY, Calif. – The California Highway Patrol (CHP) knows Californians are preparing to celebrate that sure harbinger of spring – St. Patrick’s Day – and the agency is reminding all revelers to make sure they have a sober designated driver to make their trip home a safe one.


For those drivers who do not heed this advice, the CHP will be out in force looking for and arresting anyone under the influence and behind the wheel.


“We want people to enjoy themselves and have a good time, but safety on the roadways is everyone’s responsibility,” said CHP Lt. Mark Loveless, commander of the CHP Clear Lake Area Office. “If you are going to be drinking, make sure you have a designated driver, who will not be consuming alcohol, to get you home safely.”


Loveless added, “Every CHP officer and local law enforcement will be looking for impaired drivers on St. Patrick’s day, and every other day, too. This is about saving lives.”


The CHP also reminds motorists to report suspected drunk drivers by calling 911 so law enforcement can intervene and remove an intoxicated driver from the roadway before they injure or kill someone.


Callers should be prepared to provide dispatchers a description of the vehicle, its location and direction of travel.


The CHP will continue to emphasize DUI enforcement and education efforts, especially around holiday celebration times such as St. Patrick’s Day, Independence Day and Halloween.


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A boat was knocked off its trailer during a collision on Lakeshore Drive in Clearlake, Calif., in Thursday, March 17, 2011. Photo courtesy of the Clearlake Police Department.



CLEARLAKE, Calif. – A two-vehicle collision – one a boat, the other a pickup – closed down a portion of Lakeshore Drive in Clearlake Thursday afternoon.


Clearlake Police officers responded to the collision on Lakeshore Drive at Emory Avenue at 3:20 p.m., according to Sgt. Tim Hobbs.


Hobbs said 43-year-old Ronald Tobey was driving a 2000 GMC Sierra and towing a 2006 Skeeter Bass Boat westbound on Lakeshore Drive, with Consuelo Castro, 31, driving a 2005 Toyota Tundra southbound on Emory Avenue.


Castro failed to stop at the posted stop sign and ran into the side of the boat being towed by Tobey, Hobbs said.


There were not any reported injuries, he added.


The Tundra sustained major damage and the boat and trailer sustained moderate damage, according to Hobbs.


Lakeshore Drive between Emory Avenue and the Corkman's Clipper restaurant was shut down for approximately one hour while the boat and vehicle were being removed from the roadway, Hobbs said.


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A 2005 Toyota Tundra driven by Consuelo Castro was damaged during a collision with a boat on a trailer in Clearlake, Calif., in Thursday, March 17, 2011. Photo courtesy of the Clearlake Police Department.
 

In the wake of last week's devastating 9.0-magnitude earthquake in Japan, California's U.S. senators introduced new legislation on Thursday to help California be better prepared for natural disasters that might hit the state.


U.S. Senators Barbara Boxer and Dianne Feinstein (both D-CA) introduced the National Hazards Risk Reduction Act of 2011, aimed to help improve preparedness for earthquakes and violent windstorms, including supporting research into advance warning systems, improved building codes and other efforts to reduce risks and damage from natural disasters.


“This critical legislation will help safeguard our communities by developing new ways to monitor and prepare for devastating natural disasters, including earthquakes,” said Boxer.


Added Feinstein, “With the tragic earthquake in Japan, we should do everything we can to be better prepared in the case of natural disasters. This bill will better equip states like California to withstand catastrophic natural disasters and implement modern building codes to protect lives and property.”


The legislation reauthorizes the National Earthquake Hazards Reduction Program (NEHRP), which assesses new and existing earthquake hazards, improves building codes and works to decrease the damage of seismic activity by assessing overall vulnerability.


The program was first authorized in 1977 and has led to significant improvements in earthquake research and prediction and infrastructure preparedness. The most recent reauthorization expired in 2009.


California Insurance Commissioner Dave Jones offered his support of the Earthquake Insurance Affordability Act Thursday.


“Recent events have shown how significant the impact of an earthquake can be and how critical it is for people to be ready to confront the challenges that arise from such a disaster. And one of the most important ways people can do this is though earthquake insurance,” Jones said.


He said the bill would enable state-sponsored earthquake programs to lower the cost of earthquake insurance, increase the amount of coverage provided and lower deductibles at little or no cost to the federal government.


“In fact, as more people buy earthquake insurance, the federal government could even see a reduction in the monies it pays out in disaster assistance after an earthquake,” Jones said.


Under the proposed legislation, the federal government would guarantee debt issued by a qualified state earthquake insurance program to pay earthquake losses. In order to qualify for the guarantee, the state program would have to demonstrate to the Treasury its ability to pay back any loan that it would seek a guarantee on, Jones office reported.


Currently, only 12 percent of Californians carry earthquake insurance leaving almost nine out of 10 California homeowners and renters exposed to potentially devastating financial loss in the event of an earthquake, according to Jones.


As the recent large earthquakes in Haiti, Chile, New Zealand and now Japan demonstrate, it’s not a question of if there will be an earthquake in California it’s a question of when, Jones reported.


The United States Geological Survey and the California Geological Survey say there is a 99.7 percent chance of a 6.7 magnitude earthquake or larger striking California in the next 30 years.


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LAKE COUNTY, Calif. – A man convicted of killing his wife in 1980 and whose competency at trial is now in question due to a federal court ruling is having his case transferred back to Lake County.


Gerald Stanley, 66, is set to appear at a hearing in Lake County next month to begin the process of a retroactive competency hearing, which a federal judge ruled is necessary due to juror misconduct.


Stanley was sentenced to death in February 1984 for the shooting death of his wife, Cynthia Rogers.


Lake County District Attorney Don Anderson was in Butte County for a Tuesday hearing to discuss the case.


Stanley's trial, which began in January 1983 and stretched over a year, was moved from Lake County to Butte County due to media coverage, according to case documents.


However, Butte County Superior Court Judge Gerald Hermansen has ruled that the case can return to the area of origin, and Stanley has been agreeable to the transfer.


Anderson said Stanley is set to appear at an April 18 hearing for the appointment of a new attorney and setting of further proceedings.


Stanley has asked to have a private attorney represent him or to be able to represent himself, said Anderson.


Once those matters are settled, Anderson said the court can begin the hearings to determine if Stanley was mentally competent at the time of his trial, and therefore eligible for the death penalty.


In August 1980 Stanley shot Rogers with a high-powered hunting rifle while she was at her father's resort in Nice.


The search for Stanley after the shooting would become one of the largest manhunts in the county's history, and was one in which Anderson – then a young sheriff's deputy – took part, Anderson said in a previous interview.


Previous to Rogers' killing, Stanley was convicted of the 1975 murder of his first wife, Kathleen Rhiley, who he killed while she was taking their children to school.


A third wife, Diana Lynn Ramel, went missing on Feb. 14, 1980, in Manton, located in a remote area of Tehama County.


For years Stanley has offered to give the location of Ramel's body to authorities in exchange for an execution date, although attempts to find her body have not been successful.


The case went back to Butte County after federal court Judge Frank C. Damrell ruled in March 2008 that a female juror who had been a domestic violence victim didn't disclose that prior to the jury ruling on Stanley's mental competence in the trial's death penalty phase.


While the competency issue is settled, Stanley's death sentence is on a stay, officials reported.


If the upcoming hearing process finds that he was competent at the time of the trial, the death sentence could be reinstated.


E-mail Elizabeth Larson at This email address is being protected from spambots. You need JavaScript enabled to view it. . Follow Lake County News on Twitter at http://twitter.com/LakeCoNews , on Facebook at http://www.facebook.com/pages/Lake-County-News/143156775604?ref=mf and on YouTube at http://www.youtube.com/user/LakeCoNews .

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Donna Barber and Johnny Lee Mahoney were arrested and booked as the result of an investigation into a series of thefts in southern Lake County, Calif., on Wednesday, March 15, 2011. Lake County Jail photos.






MIDDLETOWN, Calif. – A recent string of thefts from vehicles and homes in Middletown and the Hidden Valley Lake areas has led to the service of a search warrant by the Sheriff’s Major Crimes Unit, resulting in two felony arrests and the recovery of stolen property associated with those burglaries.


For the past two months, sheriff’s deputies and detectives from the Major Crimes Unit have been investigating burglaries of homes and businesses in Middletown and Hidden Valley Lake, according to a report from Capt. James Bauman of the Lake County Sheriff's Office.


More recently, multiple thefts from unlocked vehicles and homes have been reported in the community of Hidden Valley Lake, Bauman said.


As a result of investigative leads developed by the Major Crimes Unit, a search warrant was secured for a residence on Mountain Meadow South in Hidden Valley Lake. Bauman said the search warrant was served on the morning of Wednesday, March 15.


Donna Angelina Barber, 32, and 20-year-old Johnny Lee Mahoney were both detained without incident, Bauman said.


Bauman explained that, during a search of the Hidden Valley Lake home, detectives located several items of stolen property from burglaries committed in the Middletown Hidden Valley Lake area.


Barber was arrested for burglary, receiving stolen property and forgery. Mahoney was arrested for receiving stolen property. Bauman said both suspects were booked at the Lake County Hill Road Correctional Facility.


Bail for Barber and Mahoney was set at $10,000 each. Both remained in custody on Thursday night, according to jail records.

 

Detectives investigating the string of Middletown area burglaries and thefts have identified additional suspects and more arrests are anticipated, Bauman said.


Anyone with information that can assist the Sheriff’s Major Crimes Unit with closing these cases is encouraged to call Det. Sgt. John Gregore at 707-262-4200.


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Many people from throughout the community are active supporters of Operation Tango Mike. At left, veteran Harry Graves is a faithful supporter. At right, Von McPherson prepares her husband's care package. Photos by Ginny Craven.




LAKEPORT, Calif. – When something that survives purely out of the goodness of peoples' hearts has lasted eight years, it should be celebrated.


On Thursday, March 17, Operation Tango Mike will commemorate eight years of troop support.


On the third Thursday of every month, volunteers gather at 6 p.m. at Umpqua Bank, 805 11th St. in Lakeport, to prepare care packages for deployed troops.


Items for the care packages and shipping costs are covered through donations and fundraising.


The effort began with a small donation receptacle at a local office in March 2003 and has grown immensely.


Today, 80 to 100 monthly care packages are shipped to troops in Iraq, Afghanistan and on deployed ships.


Military families are supported as well. Many volunteers who support Operation Tango Mike have volunteered their assistance with home repairs, transportation and more.


It is often difficult to maintain a household, hold down a job and raise a family when a loved one is deployed. A helping hand is a small act of kindness with a big impact.


Since there is no base or military installation in our area, folks who wish to support troops and their families gather via Operation Tango Mike.


Families are welcomed and are provided with emotional support, knowing that they and their loved ones are appreciated. Families make great sacrifices when troops deploy, often for a year at a time. Families serve, too.


“Forget politics, support our troops,” is a guideline that has helped ensure that all are welcomed and appreciated at Operation Tango Mike functions. The effort does not involve politics and is solely motivated to support our troops and their families.


Everyone is welcome to attend packing parties. If your schedule does not allow participation, there are still ways to contribute. Correspondence is needed for every care package. All that is needed is a bit of one's time to jot down a greeting or note of support for a soldier far from home.

 

 

 

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Children help at the holiday packing parties, including Allison, right, who decorates her mom's care package at the Christmas packing party. Photos by Ginny Craven.
 

 

 


Drawings and colored pictures from children are also favorites. Often, these letters and pictures are hung in "hooches" (military housing) as reminders that folks at home are thinking of the troops.


The troops receiving care packages are truly grateful. Most say it doesn't really matter to them what they receive. They are simply thankful to receive something from home and their spirits are lifted in knowing they are not forgotten.


Their appreciation is evidenced by the hundreds of thank you messages that have been sent to Operation Tango Mike. Many of the notes are hung on the wall where they can be read at packing parties. Others, such as flags flown in honor of Operation Tango Mike, are proudly displayed on shelves at Umpqua Bank.


A recent message read, “Ginny-Thank you and Operation Tango Mike for supporting F Co 2/135 AVN (DUSTOFF) Medevac serving in Farah Afghanistan for the last year. You and your group's dedication and service to those who serve is a testament to the power of caring by Great American Citizens. We

salute you and your efforts. We will start coming home early next month. Thanks Again, SSG Keith Fricker.”


Another read, “I have a few days left in Iraq, then I'll be heading home! Thank you for everything you guys do. It really helps a lot. When do you guys normally pack boxes? When I'm home on leave next month I wanted to stop by. I'm not sure what my leave days are gonna be yet. Again thanks for

everything! Sgt Prior, Roy USMC.”


The public is invited and encouraged to help celebrate and commemorate eight years' of community effort and troop support.


On March 17, from 4:30 p.m. to 6 p.m., there will be an open house at Umpqua Bank. It will be a great opportunity to pay a visit and learn more about Operation Tango Mike, read letters from troops, see troop photos and get acquainted.


The regular monthly packing party will take place at 6 p.m. As holiday items are always shipped one month in advance to ensure timely delivery, the March care packages will be Easter boxes.


You are invited to bring along any special treats, candies or items you would like to include in care

packages.


For further information or to add your loved one to the care package recipient list, please call 707-349-2838, e-mail This email address is being protected from spambots. You need JavaScript enabled to view it. or write to 5216 Piner Court, Kelseyville, CA 95451.


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From left, Jason Harlan and Donald Beets were arrested along with a 17-year-old juvenile by Lake County Sheriff's deputies on Saturday, March 12, 2011, after they allegedly were shooting firearms on a hill above Nice, Calif., with bullets striking a nearby house. Lake County Jail photos.
 

 



NICE, Calif. – Reports of shooting in the hills above Nice on Saturday evening have led to the arrests of two men and a juvenile.


Arrested were Donald Anthony Beets of Nice and Jason Donavon Harlan of Lucerne, both 18, and a 17-year-old juvenile from Nice whose name was not released because of his minor status.


On Saturday, March 12, at approximately 5 p.m., sheriff’s deputies responded to reports of shots being fired near East Butte Street, according to a report from Capt. James Bauman of the Lake County Sheriff's Office.


Bauman said one of the callers residing on Sherman Street reported their home had been struck by one of the bullets.


When deputies arrived in the area, they were led to a dirt road leading into the hills where an expended shotgun shell had been found, Bauman said. While deputies were investigating, they heard more shots being fired nearby in the hills and began searching the area on foot.


As deputies were hiking towards the area where the shots were heard, they encountered a white Honda occupied by several young adults driving towards them, Bauman said. The occupants were detained and identified as Beets, Harlan and the juvenile.


Bauman said Beets was in possession of several unexpended shotgun rounds.


During the detention, deputies located a 9 millimeter handgun and a sawed off 12 gauge shotgun in the trunk of the car, Bauman said.


As a result of their investigation, Bauman said deputies determined all three suspects had been shooting the guns in dangerous proximity to nearby homes and all three were arrested.


Subsequent to the arrests, deputies contacted the residents of the home on Sherman Street. Bauman said the investigation revealed that one of the bullets fired from the handgun had penetrated the home near a sliding glass door and lodged into the living room. The home was occupied by two people at the time.


Beets and Harlan were booked at the Lake County Hill Road Correctional Facility, with bail for each set at $10,000. Bauman said the juvenile was booked at the Lake County Juvenile Hall.


All three were charged with discharging a firearm in a negligent manner, and Beets was also charged with felony possession of the sawed off shotgun, Bauman said.


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Mark your calendar: On March 19, a full moon of rare size and beauty will rise in the east at sunset.


It's a super “perigee moon” – the biggest in almost 20 years.


“The last full moon so big and close to Earth occurred in March of 1983,” said Geoff Chester of the US Naval Observatory in Washington DC. “I'd say it's worth a look.”


Full moons vary in size because of the oval shape of the moon's orbit. It is an ellipse with one side (perigee) about 50,000 kilometers closer to Earth than the other (apogee): diagram.


Nearby perigee moons are about 14 percent bigger and 30 percent brighter than lesser moons that occur on the apogee side of the moon's orbit.


“The full moon of March 19 occurs less than one hour away from perigee – a near-perfect coincidence that happens only 18 years or so,” added Chester.


Less-perfect perigee moons occur more often. In 2008, for instance, there was a full moon four hours from perigee. Many observers thought that one looked great, so the one-hour perigee moon of 2011 should be a real crowd pleaser.


A perigee full moon brings with it extra-high “perigean tides,” but this is nothing to worry about, according to NOAA.


In most places, lunar gravity at perigee pulls tide waters only a few centimeters (an inch or so) higher than usual.


Local geography can amplify the effect to about 15 centimeters (6 inches) – not exactly a great flood.


Indeed, contrary to some reports circulating the Internet, perigee moons do not trigger natural disasters.


The “super moon” of March 1983, for instance, passed without incident. And an almost-super moon in December 2008 also proved harmless.


OK, the moon is 14 percent bigger than usual, but can you really tell the difference? It's tricky. There are no rulers floating in the sky to measure lunar diameters. Hanging high overhead with no reference points to provide a sense of scale, one full moon can seem much like any other.


The best time to look is when the moon is near the horizon. That is when illusion mixes with reality to produce a truly stunning view.


For reasons not fully understood by astronomers or psychologists, low-hanging moons look unnaturally large when they beam through trees, buildings and other foreground objects.


On March 19, why not let the “moon illusion” amplify a full moon that's extra-big to begin with? The swollen orb rising in the east at sunset may seem so nearby, you can almost reach out and touch it.


Don't bother. Even a super perigee Moon is still 356,577 kilometers away. That is, it turns out, a distance of rare beauty.


Dr. Tony Phillips works for the National Aeronautics and Space Administration.


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LAKE COUNTY, Calif. – State and local health officials are monitoring the situation with Japan's damaged nuclear reactors and said they are not recommending taking health countermeasures at this time.


As a result of the recent nuclear power plant concerns in Japan resulting from last week’s earthquake and tsunami, Lake County Health Services has received numerous calls from the public.


Concerned over the potential for released radiation to cause contamination and exposure remotely, callers have specifically contemplated use of oral potassium iodide for its protective effects from radioactive iodine exposure, the agency reported.


However, health officials currently advise against taking these steps.


The Nuclear Regulatory Commission has stated that, at present, Japan’s nuclear emergency presents no danger to California.


California Department of Public Health’s radiological health branch has radioactivity monitoring systems in place for the air, water and food supply.


State public health officials reported that they are monitoring the situation closely in conjunction with state and federal partners, including the Nuclear Regulatory Commission, U.S. Environmental Protection Agency, the U.S. Department of Energy, FEMA Region IX, and the California Emergency Management Agency.


California has a plan of response for radiological emergencies if one were to arise. Plans include the Nuclear Radiological Emergency Program and the National Response Framework.


Although California does stockpile emergency supplies, including potassium iodide (KI) tablets in regions around nuclear power plants, they are not recommended at this time, according to the office of Dr. Karen Tait, Lake County's health officer.


She said potassium iodide can pose health risks to certain people, such as those with allergies to iodine, shellfish, or who have thyroid problems. Dosages can vary and should be only taken as advised by a medical professional.


California has a plan for response to radiological emergencies called the Nuclear Emergency Response Plan (http://www.cdph.ca.gov/HealthInfo/environhealth/Documents/NERP/NERP.pdf). Tait reported that Lake County Health Services has public health emergency plans that coordinate with California Department of Public Health and include procedures for the distribution of “medical countermeasures” when needed.


Tait said the decision to use medical countermeasures is one that must balance risk and benefit. “As long as we are reassured that there is no danger from the radiation releases in Japan, we could do more harm than good by taking potassium iodide, especially in people who have risks for adverse effects.”


Lake County Health Services and other local agencies continue to monitor the situation and will provide updates as needed.


For more information about radiation emergencies, visit http://emergency.cdc.gov/radiation/?s_cid=ccu031411_004.


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