Supervisors Approve Helicopter Contracts For Marijuana Eradication Efforts

Jim Finnel

Fallen Cannabis Warrior & Ex News Moderator
LAKEPORT – On Tuesday the Board of Supervisors approved four helicopter contracts Sheriff Rod Mitchell requested for marijuana reconnaissance, but only after a lengthy discussion that touched on the effectiveness of current marijuana eradication efforts and a desire to quantify results.

The proposed contracts are with PJ Helicopters, $700 per hour, not to exceed $30,000; A&P Helicopters, $775 per hour, not to exceed $50,000; Cutting Edge Helicopters, rate of $490 per hour, not to exceed $10,000; and Sierra Air Helicopters Inc., rate of $525 per hour, not to exceed $10,000.

The contracts were the focus of greater concern this year following last summer's discovery that a sheriff's lieutenant was learning to fly a helicopter under the auspices of a federal Drug Enforcement Administration (DEA) grant, as Lake County News has reported.

Then-Lt. Dave Garzoli had negotiated a new operational plan for the DEA grant – which reimburses the county for the helicopter services – in order to get the flight time, which has since become the focus of inquiries by local officials and is now being investigated by the District Attorney's Office.

Supervisor Denise Rushing asked Mitchell if the reimbursement from the DEA is assured. Mitchell said yes, the DEA already had approved the grant funding for the 2010-11 grant year.

“We wouldn't expend any resources without that funding,” said Mitchell.

Rushing wanted to know if there were new oversight provisions in the proposed contracts. County Counsel Anita Grant said the contracts' language includes that “no flight instruction and/or pilot training shall be provided.”

Rushing asked at what point it was appropriate to discuss the county's overall marijuana eradication strategy. “And what happens if we don't sign this today?”

Mitchell responded, “If the board doesn't approve the contracts, we don't fly.”

Board Chair Anthony Farrington suggested the appropriate time to discuss strategy is when the county applies for the DEA grant.

Farrington asked if there were any issues arising from the fact that the county had submitted to DEA an operational plan that allowed for flight training, while the contract provisions with the helicopter companies didn't.

Mitchell said that the flight training being included in the operational plan doesn't mean the county is required to do it, and he suggested he could have that omitted from the DEA operational plan.

“I think that your question is a good one,” Grant said to Farrington. “I doubt in substance there's going to be a problem.”

She said the DEA should be advised that flight training is no longer under consideration and won't be an active part of any plan.

Rushing asked what would happen if the board didn't approve the contracts – would the DEA and the US Forest Service contract with others or would the county have to give back the money?

Mitchell said the county would have to give the money back. “This is marijuana-specific funding that includes the spotting and eradication.”

Rushing asked if the grant covered marijuana spotting and deputy time. Mitchell said it covered both. If the county didn't enter into the contracts, Rushing wanted to know what would happen. Mitchell said the money likely would go to another county.

Rushing then asked if the funds could be used for different things other than helicopters, such as hiring people familiar with the county's back country who could look for marijuana.

“I suppose we could get creative like that but the efficiency is going to be limited,” Mitchell said.

Supervisor Jeff Smith said that the impact of illegal marijuana growing and the use of dangerous chemicals on public lands is having negative effects both on the national forest and the lake. He said to him it wasn't debatable if they continued the eradication efforts, only if they had the money to do so.

Supervisor Rob Brown said he's noticed this year that “significantly more” arrests of people getting ready to plant illicit marijuana have been made around the county.

On Monday night he said the US Forest Service brought in several men to the Lake County Jail. From Monday night to Tuesday morning, six men were booked into the Lake County Jail after being arrested by Forest Service officials, with all of them being booked on immigration-related charges, according to jail records.

Program's effectiveness questioned

Lucerne resident Lenny Matthews questioned the program as a whole, and said she considered the federal eradication program “a bad idea” regardless of her expectation that the state will approve a November ballot to regulate, control and tax marijuana.

Matthews said the sheriff's only legal duty by definition is to run the jail and his moral duty is to protect the county's citizens.

Asserting that violent crime was up 22 percent in the county, Matthews said the department's deputies should be directed to child and elder abuse and domestic violence cases. She then accused Mitchell of misusing the program for flight training, “massive overtime” for deputies who are political favorites, and private joyrides by civilians and children.

Mitchell tried to break in and Farrington asked Grant if the comments were off topic. Grant said the comments were relevant, as Matthews was speaking to the recommendation to approve the contracts.

Continuing on, Matthews said flying helicopters is an “inherently risky business” that exposes the county to liability. Instead, she suggested that, with a one-month harvest window, law enforcement should use checkpoints with narcotic dogs around the clock during harvest time to guard the few exit points out of grow areas.

Brown asked if the money can be used elsewhere. Mitchell said the domestic cannabis eradication program funds are meant for eradication only. Brown followed by asking how many plants were eradicated with the funding last year. Mitchell said about half a million, with numerous arrests.

“Personally I would see that as successful,” said Brown.

Farrington said there has been disagreement on the board over the years about the program, and that he has his own concerns about the failure of the war on drugs. At the same time, he raised the issue of the trickle down effect of illegal grows and the impacts on Clear Lake from chemicals. He said the funds for the program can't be used for other issues like domestic and child abuse prevention.

“Are we increasing the county's liability dramatically by participating in this?” Rushing asked.

Grant said the contracts' language has county employees only as passengers, severely limiting liability. When pilot training was taking place “there was a dramatic and uninsured rise in liability,” Grant added.

Rushing said she was concerned about the damage to public lands and suggested the county needed to look more strategically at the problem, that there was a bigger picture beyond the helicopter contracts.

She said she was close to not wanting to support the contracts, but didn't want to abandon the forest to “thugs” either. “This is a tough one.”

Farrington suggested that it's hard to quantify the effectiveness of the program. He added that they're looking at less than $1 per plant for eradication, but Rushing replied that the number of plants eradicated is the wrong measure.

Rushing said she wanted a cost analysis of the best ways to fight the problem, along with an overall strategy of how to get this activity to cease on public lands. She said she had the impression that illegal grows on public lands had escalated dramatically since law enforcement started busting people who were growing in the open.

As long as there is a market for the drug, Farrington suggested it will be hard to control. The November ballot measure may address it. “Maybe the benefit-cost analysis doesn't pencil out,” he added.

Brown said arrests have been made on private property in Kelseyville recently in connection to such grows.

“This is a philosophical argument that will go on forever,” and until it's legalized the county has to do its part, Brown said.

Brown said it's a priority to him to keep the drug out of the hands of children, adding that the county is within two hours of “armies of drug members” who want to come here and produce illicit drugs.

He alleged that, because it's an election year, it's not politically correct to pursue crime. Referring to Matthews' comments about an increase in crime, Brown said there has been a 20-percent increase in arrests, which isn't the same thing.

It can be made into a political argument or a practical approach can be taken, Brown suggested. Despite an employee's error in judgment – a reference to Garzoli, who wasn't directly named – he said he'll continue to support the program.

He added that his concern “is making sure the public is protected, not some candidate's position is espoused,” which appeared to be a reference to sheriff's candidate Francisco Rivero, who has pointed to the statistic of increased violent crime.

Comstock said helicopters can discover things that “boots on the ground” can't, and that by not going forward with the contracts it would be an advertisement to “nefarious characters” that it was open season for growing in Lake County.

Mitchell said there is a longstanding and proven connection between marijuana profits and *************** production. He said his department has received an additional state grant this year to deal with ***************.

Rushing brought up creating a “least cost analysis” for eradication. Mitchell replied by saying that the most efficient way to identify the gardens is by helicopter.

Not only are illicit growers polluting public and private lands, “Some of them are killing each other,” he said.

In Mitchell's opinion, the proper thing to do – despite the November marijuana ballot measure – is to move forward with the marijuana reconnaissance.

He told the board he would send a copy of a modified operations plan to the DEA and the board, and see if his department can renegotiate some of the contract amounts for the helicopter usage.

In the meantime, Comstock moved all four contracts, which the board unanimously approved.

Mitchell told Lake County News later on Tuesday that his department has been awarded two grants for marijuana reconnaissance and eradication that will be taken to the Board of Supervisors for approval within the next week or two.

Specifically, the DEA is giving the sheriff's office $250,000, with another $40,000 coming from the US Forest Service.

“Both are marijuana specific grants,” he said. “DEA can be spent anywhere in the county, but USFS is for the national forest lands only.”

For his part, Rivero told Lake County News Tuesday that he opposes the use of the grants and that, if elected, he'll turn them down and not pursue the reconnaissance program, saying there are more important uses for deputies' time.

The other challenger in this year's sheriff's race, Jack Baxter, said he would definitely accept the grants and continue the reconnaissance program if elected sheriff.

“You're looking at organized crime,” he said of the illicit marijuana growing that the grants target.

While Baxter said he would want to look more closely at the program and the contracts, “On the surface it looks like a good program to me.”


NewsHawk: User: 420 MAGAZINE
Source: lakeconews.com
Author: Elizabeth Larson
Copyright: 2010 Lake County News
Contact: Lake County News | California - Contact
Website: Lake County News | California - Supervisors approve helicopter contracts for sheriff's marijuana eradication efforts

• Thanks to MedicalNeed for submitting this article
 
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