Letters to the Editor

Raise the age
Editor: I smoked up until 1982. Having been off of the cigarettes for over 25 years, I thought I was safe. Not so. In 2007 it caught up with me. I’m okay now, but it was touch and go for a while. Controversy notwithstanding, I’d like to urge the Healdsburg City Council to take a stand and support Dr. Anderson’s proposal to raise the age for buying cigarettes. And I’d hope that it would include all other forms of tobacco as well.
Al Loebel
Healdsburg
I was wrong
Editor: I was wrong.
Ray Holley is right.
In my pique regarding the proposal for a five-story Marriott Kessler Hotel downtown, I had the idea that we should push all hotels far away from the plaza.  As he correctly pointed out, who’d want to stay there?  After all, I, myself would want to step out of my hotel and be right in the thick of this charming place — forget about a shuttle.
My beef is with an over-large building crowding the block. The low hibernal sun creates long persistent shadows, and a tall building would darken Center Street. In the interest of architectural good manners, I think we should encourage a height limit.
Barbara Medaille
Healdsburg
More on “open ridge”
Editor:  My wife and I wanted to add a few thoughts to “Open Ridge (Healdsburg Tribune, 12/12/13) from Kevin West.
Probably dozens if not hundreds of people have hiked and walked the trails for many years at the Healdsburg Ridge including the trail beginning off the park at Parkland Farms starting at the end of Saddle Draw and the other trail leading to the water tower  from the Parkland Farms homes which are now declared off limits with signs declaring no trespassing and possible prosecution.
It may surprise the owner to learn that the public may very well have a legal right by way of prescriptive easement to walk and hike those trails which meander through the owner’s property. Just go to the Internet and read up on Prescriptive Easements. One such site provides in part:
The Requirements to Establish a Prescriptive Easement
• Actual and open: There must be actual use and either the use must be open so to constitute notice to the owner (a reasonable owner should notice such use) or the owner should have actual notice and knowledge; There must be a definite line of travel; Use by the owner (and./or others) will not prevent creation of a prescriptive easement.
• Adverse: The use must be against the interests of the owner. Use is adverse if it would give rise to a cause of action for trespass or some other wrong; The use must be without the permission of the owner, Ineffective protest (such as a no trespass sign or a stern letter ) may backfire by establishing that the use is without the permission of the owner.
• 5 years of continuous use: Constant use is not necessary. Use that is seasonal or periodic may qualify; Use by user’s predecessors can be included (referred to as “tacking”). Interruption by owner prevents prescription (“assertion of domain by owner”); Interruption by third parties or by nature may not be sufficient. Filing of a lawsuit by the owner is sufficient (if successful, the date of interruption is the filing date).
• Cannot exclude owner: An “exclusive prescriptive easement” would be tantamount to adverse possession, which is allowed in California only if the property taxes are paid.
These disputes often end up in court with lots of hikers and walkers testifying that they have used these trails for over five years openly, adversely, etc. and the Owner trying to rebut such testimony. Let’s hope we can find a more efficient solution. As Mr. West suggested, let’s hear from the owner who should address the letters being sent to the Tribune.
In passing, a note about the earlier article appearing in the Tribune (“Ridge Trail Maps to Inform…” 12/5/13). I believe the author misses the point when suggesting the issuance of maps to the public identifying public vs. private property. Rather, the public is simply walking and hiking on these trails that have been used by the public for years (five years is the legal requirement) and the discussion therefore needs to focus on the requirements of prescriptive easements under California law.
Ron and Sally Grassi
Healdsburg
Update from the Legion
Editor: The Sotoyome American Legion Family would like to thank those citizens who wrote and called the Healdsburg City Hall and members of the City Council about the Veterans Day program in the Plaza this year. The city did not deny our application.  We accepted an invitation to do the ceremony on the Town Green in Windsor this year and did not apply for a permit for use of the Plaza this year.
On November 13th, I appeared before the Parks and Recreation Commission and asked them to consider wavering the use fee.  The issue is not the cost. We feel that the 50 young men listed on the beautiful memorial have paid the fee with their blood and with the tears of their families. I learned that there is has been an ad hoc committee looking at the fee structure.  
This and several other topics were discussed when members of our executive board met with City Manager Marjie Pettus and members of her staff on Tuesday, December 3rd.   
Please note that we were in the Plaza at 10 a.m. on Veterans Day. In 1935, the Post was all veterans of WWI. The post established a new program for their son’s, the Son’s of The American Legion Squadron 111. We have found records for a couple of years. When WWII two started many of these young men were called to serve and the Squadron disbanded.  
At least three charter members of the squadron are listed on the Memorial. We have identified Frank Meisner, Robert Harris, and Larry Phillips. I had the honor of introducing them to those present.  
Frank Meisner, Robert Harris and Henry Valluntini Jr. are still classified as Missing in Action. They will be honored at each Post meeting in the future.
We look forward to future Veterans Day programs in the Plaza and on the Town Green in Windsor. We will alternate the starting times.
Thank you for your support of The American Legion.
Tom Grimes
Commander, Sotoyome Post 111, The American Legion
New theater group
Editor: The recent reorganization at the Raven Theater in Healdsburg left members of its resident theater group, The Raven Players, without the ability to produce and perform plays and musicals. Empowered by a track record of eight highly successful seasons and a deep understanding of local theater and it’s unique challenges, we began some re-organizing of our own.  We have formed a new theater group called the North Bay Stage Company and have proudly accepted the offer to become a new resident theater company at Wells Fargo Center for the Arts.
We would like to wholeheartedly thank the people of Healdsburg for their loyal and steadfast support over the years.  Amazing productions such as “Chicago,” “Cats,” “Miss Saigon,” “Evita,” “The Pirates of Penzance,” “One Flew Over the Cuckoo’s Nest,” “To Kill A Mockingbird,” “Our Town” and over 40 other unforgettable shows helped us to become a major entity in the local theater community.  We could not have made this journey without you.
We welcome and look forward to your continued support as we take the spirit of Healdsburg to the regional level at Wells Fargo Center for the Arts.
For inquiries or information please contact us at in**@no*************.org.
Dick Bertapelle, John DeGaetano, Jeanne FitzGerald, Audie Foote, Sherry Garner, Pamela Skidmore,
Kathy Taylor
Healdsburg