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News

County schools receive federal funding for counseling programs

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Written by: Elizabeth Larson
Published: 30 July 2010
LAKE COUNTY – Lake County schools are receiving funds from a federal program that is meant to help them enhance counseling programs that in recent years have been hit by cuts.


This week Congressman Mike Thompson's office reported that county schools would receive nearly $400,000 from the Elementary and Secondary School Counseling Demonstration Program through the US Department of Education.


The funding will be used to hire school counselors, school social workers and school psychologists to reduce the number of disciplinary referrals, according to Thompson's office.


“As schools all over our district are struggling to maintain staffing for even the most basic services, I’m glad to know that kids in Lake County will have access to quality counseling services,” he said. “Counselors are an important resource for many students who are facing some challenges, and play a crucial role in our schools.”


The grant will be in place for three years, and will be used in elementary and secondary schools, Thompson reported.


“These funds will really make a difference in restoring needed services for our students,” Lake County Superintendent of Schools Dave Geck told Lake County News this week.


He said the Lake County Office of Education is very excited about the grant funds.


“State budget cuts have devastated counseling services to students in our county and these funds are going to go a long way towards replacing the staff and services that were cut,” he said. “Expanded counseling services will improve student’s attendance, academic performance and social skills development. Our students will benefit greatly from the services funded by this grant.”


Kandee Stolesen, administrative assistant with the Lake County Office of Education's human resources department, said the office's Safe Schools and Healthy Students Program lost several employees last summer because of budget constraints.


“We laid off 10 staff at that time, and that was a combination of schools counselors, interns, specialists and one intervention aide,” she said.


The Lake County Office of Education estimated that each of the county's seven school districts have had to reduce their staff by at least one counselor.


Thompson's office reported that a bill that would offer additional funding for teachers recently passed the House of Representatives in supplemental legislation.


The bill, for which Thompson voted, included $10 billion for an Education Jobs Fund to provide additional emergency support to local school districts to prevent impending layoffs.


If passed it's estimated that the Education Jobs Fund will help keep 140,000 school employees on the job next year. Thompson said the funding is fully paid for and will not add to the national debt.


The measure has been referred to the Senate for consideration, according to Thompson's office.


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 and on Facebook at http://www.facebook.com/pages/Lake-County-News/143156775604?ref=mf .

Lake Pillsbury area has another moderate-sized quake Friday

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Written by: Elizabeth Larson
Published: 30 July 2010
LAKE PILLSBURY – A 3.0-magnitude earthquake was reported in the Lake Pillsbury area Friday evening.


The quake, recorded at 6:31 p.m., was centered 10 miles southeast of Lake Pillsbury, 12 miles north northeast of Upper Lake and 13 miles north of Nice, according to the US Geological Survey.


The depth of the quake was six miles, the survey reported.


A 3.4-magnitude earthquake was reported 11 miles northwest of Lake Pillsbury on Tuesday afternoon, as Lake County News has reported.


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 and on Facebook at http://www.facebook.com/pages/Lake-County-News/143156775604?ref=mf .

Mendocino National Forest enters fire restrictions starting Monday

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Written by: Lake County News reports
Published: 30 July 2010
MENDOCINO NATIONAL FOREST – The Mendocino National Forest is entering into fire restrictions beginning Monday, Aug. 2, due to dry conditions and increased risk of wildfires.


The fire restriction will continue through the end of fire season.


Under the restrictions, fires, campfires, charcoal fires or stoves are prohibited on the National Forest unless in the following designated recreation sites:


  • Grindstone Ranger District – Red Bluff Recreation Area and Big Springs Day Use Area; Whitlock, Kingsley Glade, Sugarfoot Glade, Three Prong, Wells Cabin, Sugar Springs, Letts Lake, Mill Valley, Dixie Glade, Plaskett Meadows, Masterson, Little Stony, Grey Pine, Fouts Springs, Davis Flat, South Fork, Cedar Camp, Mill Creek, North Fork and Old Mill Campgrounds.

  • Upper Lake Ranger District – Fuller Grove, Fuller Group Camp, Navy Camp, Pogie Point, Oak Flat, Sunset, Middle Creek, Deer Valley, Bear Creek, Penny Pines and Lower Nye Campgrounds.

  • Covelo Ranger District – Eel River, Little Doe, Howard Lake and Hammerhorn Lake Campgrounds.


California Campfire Permits are not needed in the designated recreation sites listed. In all other areas of the forest, lanterns or portable stoves using gas, jellied petroleum or pressurized liquid fuel with be allowed as long as the person has a current California Campfire Permit with them.


California Campfire Permits may be obtained at any Forest Service, Bureau of Land Management or Cal Fire office in California, as well as most Forest Service field employees. They may also be obtained online at www.fs.fed.us/r5/mendocino/passespermits.


The following activities are also prohibited as part of the fire restrictions:


  • Smoking except within an enclosed vehicle or in the designated recreation sites listed above;

  • Welding or operating an acetylene or other torch with an open flame;

  • Using explosives;

  • Possessing, discharging or using any kind of fireworks.


Forest visitors will be able to continue riding Off-Highway Vehicles (OHVs) on designated roads and trails, provided that the vehicles are equipped with the required spark arresters.


Spark arresters also are required on chainsaws being used for people filling valid personal use wood cutting permits, and may also only be used on designated roads and trails.


“This summer the Mendocino National Forest has been very fortunate when it comes to wildland fire,” said Forest Supervisor Tom Contreras. “We would like Forest visitors to help us continue this by being safe when using fires in designated areas, complying with these fire restrictions and reporting smoke when they see it. By being aware we can all help protect the forest’s resources from human-cased wildfires.”


Temporary fire restrictions are put in place annually to protect natural resources and limit the threat of human-caused wildfires.


Similar restrictions are going into effect on neighboring forests. However, restrictions can vary by forest and visitors should check with the forest they plan on visiting for the latest fire restrictions and conditions.


For the Mendocino National Forest, the fire restrictions are formally referenced through Order Number 08-10-03.


Violation of these fire restrictions is punishable by a fine of no more than $5,000 for an individual, $10,000 for an organization, or up to six months imprisonment or both.


Fire season typically ends in late fall following a series of drenching, measurable rains in the mountains. An announcement will follow when fire restrictions are lifted.


For more information, please contact the Mendocino National Forest at 530-934-3316 or visit www.fs.fed.us/r5/mendocino.


Follow Lake County News on Twitter at http://twitter.com/LakeCoNews and on Facebook at http://www.facebook.com/pages/Lake-County-News/143156775604?ref=mf .

Estate planning: Deterring will and trust disputes

Details
Written by: Dennis Fordham
Published: 30 July 2010
People want the gifts stated in their will or trust respected. Protecting such gifts against future attack entails foreseeing subsequent claims by disappointed parties alleging undue influence, incapacity, mistake or fraud.


Litigation over the validity of such gifts can cause great expense and personal aggravation to the surviving loved ones. Preventative actions should be taken by the testator and his or her attorney prior to the testator’s death, as discussed below.


Undue influence means that the testator did not make the gift out of his or her own free will, but yielded to the undue pressure of another.


To protect against an undue influence claim, the client should always meet individually (alone) with his or her own attorney, outside of the presence of his or her own beneficiary.


The attorney and client should fully discuss the client’s reasons for any disproportionate gifts. The client may write a handwritten letter stating his or her own wishes and any relevant circumstances.


For example, if the client has previously made large gifts to another child during life, then the letter could include that fact.


If prudent or necessary, a second attorney may meet with the client and review the documents in order to issue a certificate of independent review stating that the reviewing attorney has determined that it is not the product of undue influence.


Incapacity means that the testator lacked the legally required attention (presence of mind), understanding (grasp of the issues) and awareness (insight into the choices and their consequences) to execute his or her will or trust at the time of its signing.


To protect against a claim of incapacity, the attorney should preserve written notes during the attorney client meeting that show that the client had mental capacity as illustrated by the client’s thoughtful consideration of all relevant particulars concerning the client’s family, assets and relevant circumstances.


In addition, the attorney may request a physician’s evaluation to hopefully confirm the client’s mental capacity before proceeding further.


Importantly, the witnesses to the signing of the testator’s will should themselves be mentally competent and trustworthy individuals who know the testator personally. At the signing, the testator should affirm any controversial gifts.


Lastly, if necessary, the gifts can be confirmed by a court order, obtained by means of a conservator who files a court petition for “substituted judgment.”


Allegations as to a mistake could entail a claim that a drafting error occurred that went unnoticed and that the testator accordingly did not truly intend to make a particular gift.


To forestall such an attack the testator might sign a document (often prepared by the attorney) that states in layman’s terms the specific gifts to the individual beneficiaries (and alternative beneficiaries).


The client also can share his wishes with his family while he or she is still alive to get everything out in the open. This can be very uncomfortable and may or may not be a recommended course of action.


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.


Follow Lake County News on Twitter at http://twitter.com/LakeCoNews and on Facebook at http://www.facebook.com/pages/Lake-County-News/143156775604?ref=mf.

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