THIS ARTICLE HAS BEEN CLARIFIED WITH ADDITIONAL INFORMATION ON THE BUDGET AND NEW INFORMATION ABOUT A SAVED POSITION.

CLEARLAKE – A budgeting process that city leaders said has been both difficult and miserable led the Clearlake City Council on Tuesday to vote on a budget document that eliminated several positions and appeared to please no one.

The council voted 3-2, with Council members Roy Simons and Joyce Overton voting no, to accept the budget.

Despite taking two weeks to look at other options, City Administrator Dale Neiman returned to the council with a menu of distasteful options that differed from what he'd previously presented.

“There are no easy decisions this year,” Neiman told the council.

The cuts were necessary in order to avoid a major city deficit, said Neiman. The result is that the three major funds that account for 87 percent of the city's expenses – the general fund, development review fund and Proposition P, for the police department – will start the year with only a deficit of $47,000.

The budget document included taking over animal controls services, and cutting several positions – two code enforcement officers, a building inspector, the police department's executive secretary and a parks maintenance position. It also freezes a dispatcher and a sergeant's position, and modifies the police department's take home car policy. Those and other assorted cuts are meant to save the city $568,180.

However, a last-minute budget errata document submitted by city staff on Thursday suggested that they could save the park maintenance position – which costs the city $41,493 annually – by eliminating another part time position, getting rid of inmate supplies and a planned truck purchase, and not purchasing crack seal materials, for a total savings of $50,346. Overall, even with keeping the parks position, the city would still save $8,853.

One option the city had considered was cutting current salaries a few percentage points to avoid layoffs. However, Neiman said the employee associations were unwilling to take those cuts.

On decisions like cutting the code enforcement officers, Neiman told the council, “You've got to find a cut somewhere.”

He said city staff's goal was to maintain “the same level of effectiveness” with its services.

To do that, code enforcement functions will be shared by police and other city staff. Officers would take photos and other staffers would do the followup. Police officers also will be towing vehicles.

After buying equipment and creating a new animal control position, the city could save roughly $100,000 of the $200,000 it spends annually as part of its city's contract with Lake County Animal Care and Control.

Neiman said the city is anticipating that the state will take $1.2 million in city funds to put its own financial house in order. That includes $169,000 from property tax proceeds, leaving a $200,000 general fund decision; and $237,000 from gas tax revenues, which fund the city's Public Works Department.

Redevelopment also could face having as much as $830,000 taken from its coffers, Neiman said. He suggested the city join other cities in a lawsuit against the state over the funding raid.

Community members who spoke to the council were consistently against seeing code enforcement cut, and saddling an already slim police force with additional duties, or making them “dog catchers.”

Estella Creel criticized Neiman because she believed he hadn't seen the budget crisis coming. He countered that he had, and that's why he had worked to adjust salary and cost of living increase levels with the city's employee union.

Jim Scholz defended Neiman, saying the city had a $1.2 million deficit when Neiman joined the city in January of 2007.

“He knocked out $900,000 of deficit the first year he was here,” said Scholz. “I think the man's done a terrific job.”

Scholz suggested the city needed to take on some debt and keep the code enforcement officers or at least offer them half-time work until the economy improved.

Returning to the microphone, Creel, reminded the council of the case of Dosha, a dog who, several years ago, was shot by a Clearlake Police officer, with her body placed in a freezer. She later was found alive and well. It brought the city considerable notoriety, she pointed out.

“You're not going to see any real savings by turning police officers into dog catchers,” she said. “The city of Lakeport tried it and they failed.”

Rick Mayo said he was concerned about the level of public safety. Citing figures offered by Neiman, Mayo said having one police officer for 950 citizens “doesn't cut it,” and is setting the city up for litigation.

He suggested it will take up to $2 million for the city to set up animal control services.

Jim Honegger said the city needed to lean on the unions for greater concessions in order to save money and avoid layoffs.

During council discussion, Overton said she couldn't figure out how the city's police force will handle its additional obligations under the new budget.

Police Chief Allan McClain said he'll bring a proposal to the council at its next meeting that will explain how he'll reorganize his department to deal with the code enforcement and animal control duties. He said officers won't be responsible for animal control.

“None of us want to be in this position,” said Vice Mayor Judy Thein.

With the city out of options, Thein said the budget before her was presenting her with one of the hardest decisions she's made on the council.

She said she's worked with the people slated for layoff. “I have not taken this lightly.”

Councilman Curt Giambruno asked McClain how extensive animal control would be – and whether housing and euthanization would be included. McClain said they would have an agreement with the county, that would max out at $75,000, to house additional animals and do euthanasia.

McClain noted he ran animal control services while sheriff of Kings County. “I don't want it,” he said, noting that he knows the about the associated headaches.

Neiman said when he was city manager of Fortuna they built a shelter facility for $55,000. He added, however, that if the city does take over animal control, “It's not going to be easy,” and he also preferred not to do it.

“This is a very tough decision for me personally to make,” said Giambruno. “The fact is, we have to pass this budget. We can't just let it dangle out there.”

When it came time to move the proposed budget, the council sat silent. Finally, Mayor Chuck Leonard moved the document, with Giambruno giving a reluctant second before the council voting 3-2.

Neiman suggested they continue the budget hearing to the next council meeting, at which time they'll amend and adopt a new fee schedule accounting for animal control fees.

Only three of the positions – the two code enforcement officers and the police secretary – currently are filled. Neiman later told Lake County News that the new animal control position and a vacant office assistant job will be offered first to those employees facing layoff.

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CLEARLAKE – The Clearlake City Council will look at a slate of difficult choices when it sits down to consider its budget on Thursday.

The council will meet at 5:45 p.m. in the council chambers at Clearlake City Hall, 14050 Olympic Drive, for a closed session. The open portion of the meeting will begin at 6 p.m., and will be televised live by TV Channel 8.

The main item on the agenda is the city's 2009-10 budget, which was held over from the last meeting so the council could look at different ways to save money rather than cutting positions.

City Administrator Dale Neiman goes over several scenarios in a report to the council, including a 1-percent decrease in all salaries that would save $32,663 each month.

Councilman Curt Giambruno also made a number of proposals, including reclassifying some positions, but Neiman analyzed them and essentially concluded they would not save the city money.

Neiman is suggesting the city take over animal control services and cease its contract with the county, which currently amounts to $100,720 annually. He said the city may not realize that amount of savings due to the need to purchase equipment, find a facility to house animals and train staff.

In his report, Neiman presents a package of cuts. “Some of the proposals involve difficult decisions on personnel while others involve organizational changes to reduce costs and to become more efficient. In our recommendations below our goal was to have as few impacts on the services the City provides to its residents as possible.”

In addition to taking over animal control, Neiman proposes to eliminate the building inspector II position to save $59,730 and reorganize code enforcement – which would eliminate the two code enforcement officers – at a savings of $128,000. Those code enforcement services then would be taken over by Clearlake Police.

In addition, he proposes the following cuts: eliminating the police department's executive secretary position – $70,500; cutting the parks maintenance position 1 position – $40,000; freeze a dispatch position – $45,910; freeze a vacant sergeant position – $108,270; senior center reorganization – $5,500; and modify the police take home car policy – $48,000. A suggested claim settlement would cost the city $38,500.

Total savings to be realized if the council follows the plan is $568,180.

If the council goes forward with the proposed budget, Neiman said the layoff process would take two to four weeks.

Neiman's report noted that he has not had response from the city's labor unions on whether or not they would be willing to reduce salaries to save positions. “If they decide to reduce their salaries, the layoff process would be suspended and the Budget amended to reflect any agreement,” he noted in his report.

The budget, as it's currently laid out, assumes that the state budget won't financially impact the city. Neiman said when the state does take money from the city or increase its fees, the budget will need to be amended.

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LAKEPORT – While the Lakeport City Council still appears split on the issue of safe and sane fireworks, a majority of council members voted Tuesday to call an election on an initiative asking city residents if they will allow fireworks to return to the city.

In a June decision, the council voted 3-2 – with Council members Jim Irwin and Suzanne Lyons voting no – to change a city ordinance and prohibit safe and sane, or state-approved, fireworks in Lakeport. At that time, Lakeport was the last area in the county to allow them.

After that decision, local nonprofit groups that sold the fireworks as an annual fundraiser – Clear Lake High School Booster Club, Miss Lake County Scholarship Organization, Terrace School Parent Teacher Organization and the Lake County Channel Cats – along with American Promotional Events and TNT Fireworks, began gathering signatures for a ballot initiative, to give city residents the final say on the issue.

On Tuesday night City Clerk Janel Chapman reported that 693 signatures were collected and 424 met the criteria of being city residents.

She said the council had three options: accept a proposed ordinance the groups had authored that would allow fireworks to continue, with additional time restrictions during the July 4 holiday week and money set aside for public safety; call for an election; or request a study period to work with the groups on a compromise.

If the city requested a consolidated election with the county's general election on Nov. 3, rather than hold a special election in December, it would save Lakeport $10,000, Chapman said.

Several representatives of the nonprofit groups involved in the initiative effort and community members spoke to the council, asking its members to consider working with them to craft a compromise.

All of them pointed to larger issues beyond fireworks – primarily, the need for a fundraising outlet for local groups and schools.

Tom Jordan, president of the Clear Lake High School Boosters Club, said of the three options the one that made the most sense was to form a study group, and sit down and work through the issues. That would save the city the cost of an election.

Dennis Revell of Revell Communications, representing American Promotional Events and TNT Fireworks, told the council that initiative supporters gathered hundreds more signatures than they needed to in order to get on the ballot.

“There were a number of people who chose to register to vote just because of this issue,” he said.

He said Lake County Registrar of Voters Diane Fridley estimated that having the initiative on the Nov. 3 ballot as part of a consolidated election with the county and local school districts would cost approximately $4709.76. However, a standalone election in December would cost an estimated $14,129.29.

He said the options the groups were presenting – the alternative fireworks ordinance or a study group – made sense.

Vicki Hays, a mother of two high schoolers who is the Clear Lake High School Booster Club secretary, said this past July 4 felt sad and unpatriotic without fireworks and the fireworks booths.

“One of the reasons I have stayed in this county is because of the small town feel and that was totally missing this Fourth of July,” Hays said.

Rob Alves, treasurer of the Terrace School Parent Teacher Organization, joked to a stony faced council that, with the state threatening to take billions of dollars from cities and counties, the city itself might have to sell fireworks to make ends meet.

He said the funds his group has raised through fireworks sales have helped the school district,which he said is “going dramatically backwards” when it comes to funding.

Alves said the groups were making a good faith effort to work with the city and introduced “reasonable restrictions” to address officials' concerns about fire danger. He said he hoped they would sympathize.

Jill Ruzicka Leighton, a parent and volunteer with both the booster club and the parent teacher organization, said that the budget cuts coming out of Sacramento “are just killing us.”

“That's when the parents and the community needs to step up to the plate and fill that financial void,” she said.

If the council didn't support fireworks sales, she asked them to think of other options to raise money in order to help create well educated children.

Jennifer Hanson of the Lake County Channel Cats said the group has been working hard to raise funds. They brought in $200 at a recent barbecue, $500 at a wine tasting and will take part in a pancake breakfast event that's planned for Aug. 8.

Fireworks brought thousands of dollars to the groups each year, she said. “The $10,000 that each group is losing, it's real difficult to recoup that,” Hanson said. “We really need these fireworks.”

Bonnie Bonnett said she was involved in fireworks sales for years because of her children's activities. She said she's never seen so many people come together around an event as they did when selling fireworks. Initially, Bonnett said she didn't like fireworks but she came to appreciate them.

She also took part in making sure the city was cleaned up after annual July 4 festivities. “We were vigilant, caring citizens for our little community. And that's gone.”

Bonnett said some of those people sitting on the council and in the city administration had been involved in fireworks sales over the years. “Why the change in heart, I don't know,” Bonnett said, noting there have been other drought years.

“I hope we can still work together,” she said.

Karen Wilson, with the Miss Lake County Scholarship Organization, said the money raised by fireworks has helped supply young women with scholarships. For the last two years, Miss Lake County has received a $2,500 scholarship, far better than the $400 the city of Los Angeles gives its pageant winner.

Councilman Roy Parmentier said he had a problem with the group's initiative, because it limited the fireworks sales to the four specific nonprofits that previously had been allowed to sell them.

He said if they wanted it passed, they should open it to all nonprofits, who will be required to place their names in a hat and a drawing will determine who gets to sell that year. Otherwise, said Parmentier, it was giving them a monopoly.

If they change that aspect of the proposed language, Parmentier said he might accept it. “Right now, not a chance.”

Councilman Bob Rumfelt moved to order an election and adopt a resolution seeking a consolidated election with the county in November. Parmentier seconded the motion.

Lyons said this is the second year without safe and sane fireworks, and the first year that anyone has ever shot a bottle rocket into her yard. They then shot a second and a third, she said. The people responsible told her they had purchased the illegal fireworks locally, claiming they thought they were safe and sane.

“If people aren't getting safe and sane fireworks, what are they gonna have?” she asked.

Lyons said she would rather see a fool with safe and sane fireworks than a fool with a bottle rocket, which earned her a round of applause from the audience.

The council voted 3-2 – with Irwin and Lyons again voting no – to call the November election.

“It's going to be up to the public to vote on this,” Mayor Ron Bertsch said at the end of the discussion.

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LAKEPORT – A ballot initiative that would put a vote on allowing safe and sane fireworks in the city before residents is on the Lakeport City Council agenda this Tuesday.

The council will hold a budget workshop with staff beginning at 4 p.m., with the regular council meeting to begin at 6 p.m. at Lakeport City Hall, 225 Park St.

The meeting agenda can be downloaded at www.cityoflakeport.com/departments/docs.aspx?deptID=88&catID=124 .

The fireworks initiative effort began after the council voted 3-2 this spring to ban safe and sane fireworks in the city, as Lake County News has reported.

City Clerk Janel Chapman will present to the council a certificate to initiate petition, which sets forth the numbers of valid signatures gathered by the fireworks initiative's proponents.

Chapman reported that 693 signatures were gathered, and 424 of them were found to be sufficient.

Her report explains that the council has three options. For one, it can accept an ordinance that the initiative's proponents authored, which puts additional restrictions on sales and sets aside a portion of funding for public safety.

Alternately, the council can order the election or request a study period in order to come up with a compromise, according to Chapman.

Chapman notes that time is of the essence if the election is to take place, as the city must submit a request for a consolidated election with the county to the Board of Supervisors in the first week of August. A resolution calling for that election would need to be adopted no later than the Aug. 4 council meeting.

“Given the apparent split in the Council's view of Safe and Sane Fireworks, it makes sense to put the matter to the voters and to do so at the consolidated November election in order to avoid the cost of a special election,” Chapman wrote in her report.

The council also may delay discussing an appeal of the Lakeport Planning Commission's approval of an OmniPoint Communications/T-Mobile use permit for a cell tower at 280 Third St.

A letter to the council from Allen Potter of Eagle Consulting, T-Mobile's agent, said the company is analyzing the possibility of co-locating a cell facility on the top of the Lake County Courthouse on N. Forbes.

Convening jointly as the Lakeport Redevelopment Agency, the council will conduct an annual review of the agency's policy for investing idle funds and adopt a resolution on investing the money.

City Engineer Scott Harter will take to the council contract change order No. 3 for the South Main Street Drainage Project. The change order will reduce the contract amount by $4,665.79.

The council also will adopt a resolution authorizing an application to the Department of Housing and Community Development for HOME funds. Redevelopment Director Richard Knoll's report to the council notes that the city is seeking $800,000 from the program to fund first-time homebuyer and housing rehabilitation programs.

Following the public portion of the meeting, the council will hold a closed session to discuss labor negotiations with the Lakeport Employees Association, an anticipated case of litigation and a pending lawsuit, Lakeport v. Browning.

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LAKEPORT – On Tuesday the Board of Supervisors will consider making a loan to to help improve water supply to the Paradise Valley County Service Area.

The meeting will begin at 9 a.m. in the board chambers at the Lake County Courthouse, 255 N. Forbes St. TV Channel 8 will broadcast the meeting live.

The agenda can be downloaded at www.co.lake.ca.us/Government/Boards/Board_of_Supervisors/BOS_Agendas.htm .

Special Districts Administrator Mark Dellinger will take the loan request to the board at 10:45 a.m.

Dellinger's report notes that County Service Area 16 – Paradise Valley – has been under an urgency ordinance and connection moratorium for several years due to inadequate ground water supply.

The homeowners association invested its own funds to drill at third well, which was completed and tested, but a pipeline to connect the well to the system failed.

Because there are inadequate reserves to finish the project, the $95,000 loan is being requested from the county's general fund. Repayment would take place over five years at an interest rate of 1 percent.

Other items on the agenda include the following.

Timed items:

9:15 a.m.: Public hearing – protest hearings for (a) annual water standby charges and delinquent water fees in County Service Areas Nos. 2, 6, 7, 13, 16, 18, 20, 21 and 22; (b) delinquent water fees in Kelseyville County Waterworks District No. 3; (c) Confirming collection of annual lighting fees in County Service Area No. 1-Clear Lake Keys Lighting; and (d) Delinquent sewer fees in Lake County Sanitation District

9:30 a.m.: Hearing of notice abatement, 10230 Highway 175, Kelseyville, owned by Johnny and Edna Day.

9:45 a.m.: Presentation on electronic benefit transfer (EBT) vendor change and the effect it will have on local merchants and members of the public.

10 a.m.: Public hearing – discussion/consideration of Community Development Block Grant (CDBG) economic development allocation eligible activities and potential projects for the following:

(a) Approving an application for the maximum amount of $70,000, under the Planning and Technical Assistance Grant for: (1) an update of the Lake County Marketing Economic Development Plan; and (2) a Holiday Harbor Market Development Plan; (b) Approving an application for the maximum grant amount of $300,000, under the Economic Development Application for: (1) Micro-enterprise Technical Assistance; (2) Micro-enterprise Facade Improvements; and (3) Business Assistance Loans.

10:15 a.m.: Presentation of proclamation designating the week of July 20 through July 26 as Invasive Weed Awareness Week in Lake County.

10:30 a.m.: Consideration of proposed ordinance amending Article VIII of Chapter 15 of the Lake County Code relating to the consumption of alcoholic beverages (amendment will prohibit the consumption of alcoholic beverages in public recreation areas except as allowed by a facility use permit).

Non-timed items:

– Supervisors’ weekly calendar, travel and reports.

– Update on the emergency action taken on Dec. 9, 2008, regarding the prohibition of fish stocking by the Department of Fish and Game in water bodies of Lake County.

– Discussion/consideration of proposed agreement between the county of Lake and Victor Treatment Centers Inc. for children’s specialty mental health services in the amount of $202 per day (for a maximum amount of $55,000), for fiscal year 2009-10.

– Discussion/consideration of proposed agreement between the county of Lake and San Diego Center for Children for children’s specialty mental health services in the amount of $183 per day (for a maximum amount of $30,000), for Fiscal Year 2009-10.

– Discussion/consideration of request for waiver of the competitive bidding process based on a determination that the competitive bidding process would produce no economic benefit to the

county for the purchase of Caterpillar 973 loader and authorize the issuance of a purchase order to Peterson Tractor in the amount of $457,021.87 (price includes $28,200 an extended five-year or 7,500-hour power train warranty).

– Consideration of proposed resolution to establish Acorn Street, Clearlake Oaks, as a one-way street (from its intersection with Foothill Boulevard, to its intersection with State Route 20).

– Discussion/consideration of request to authorize Social Services Director Carol Huchingson to sign letter of intent to withdraw from the North Center Counties Consortium Joint Powers Agreement, effective at the end of Fiscal Year 2009-10.

Consent agenda:

– Approve minutes of the Board of Supervisors meetings held on June 23 and July 7, 2009.

– Adopt proclamation designating the week of July 20 through July 26 as Invasive Weed Awareness Week in Lake County.

– Approve letters of support of Senate Bill 357 to Assemblyman Chesbro and Sen. Wiggins, which extends the sunset date from January 1, 2010, to January 1, 2021, for the Indian Gaming Special Distribution Fund (SDF) local mitigation grant program and authorize the chair to sign.

– Approve letter of support of project by PNC Inc. to expand and improve broadband options in Lake County and authorize the chair to sign.

– Approve grant deed and direct clerk to certify for recordation (a portion of APN 024-143-05 - Costa Tannous - Trustee and Julia Tannous - Trustee), and approve purchase agreement between the county of Lake and Costa Tannous and Julia Tannous for State Street Sidewalk Project located in Kelseyville,

and authorize the Chair to sign.

– Approve grant deed and direct clerk to certify for recordation (a portion of APN 024-071-44 - Alfonso P. Fernandez), and approve purchase agreement between the county of Lake and Alfonso P. Fernandez for State Street Sidewalk Project located in Kelseyville, and authorize the chair to sign.

– Adopt Resolution No. _____ authorizing the Director of Public Works to execute a right of way application as part of the Big Valley Rancheria/Soda Bay Road Improvement Project, Federal

Project No. J-51-507-165, 502 (457) 2 and 3.

– Approve plans and specifications for Butts Canyon Road PM 8.84 to 8.97, for storm damage repair and authorize Public Works director/assistant purchasing agent to advertise for bids.

– Approve contract between the county of Lake and Fisher Wireless for maintenance of dispatch equipment in the amount of $14,400, for Fiscal Year 2008-09, and authorize the chair to sign.

– Approve advanced step hiring of extra-help Social Worker Tessa Walker due to her experience and extraordinary qualifications (fourth step salary range).

– Approve software license and support agreement between the county of Lake and McWilliams Mailliard Technology Group Inc. for the Aging and Adult Client Tracking System (AACTS) and authorize the chair to sign.

– Approve sewer mainline extension agreement between the Lake County Sanitation District and Robert Gardner for properties located at 5740, 5760 and 5770 Roland Drive, Lucerne, and

authorize the chair to sign and direct clerk to certify for recordation.

– Accept dedication and conveyance of mainline sewer extension for purpose of providing sewer service to properties located at 4436, 4456 and 4466 Cedar Avenue, Clearlake, owned by Richard Margulis, and authorize the chair to sign and direct clerk to certify for recordation.

– Accept dedication and conveyance of mainline sewer extension for purpose of providing sewer service to properties located at 15785, 15795, 15815 and 15825 23rd Avenue, Clearlake, owned by Clement Carinalli), and authorize the chair to sign and direct clerk to certify for recordation.

The board also will hold a closed session to discuss labor negotiations.

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LAKEPORT – The Board of Supervisors on Tuesday made clear that they didn't want any county employees – including sheriff's deputies – flying aircraft on county time due to liability concerns, a discussion that arose in the wake of the recent forced land of a rented helicopter.

The board also wants to explore seeking reimbursement from sheriff's Lt. Dave Garzoli, who was receiving pilot training while taking part in marijuana overflight operations.

On June 25, a helicopter the county rents from Cutting Edge Helicopters as part of its illicit marijuana eradication program had a forced landing on Cow Mountain due to engine failure, as Lake County News has reported.

Garzoli was at the controls, accompanied by a certified flight instructor from Cutting Edge, according to the preliminary report completed by the National Transportation Safety Board.

They were doing a 180-degree autorotation with a power recovery. The procedure generally is an emergency descending maneuver done in the case of an engine failure. A search of YouTube for “180-degree autorotation” brings up numerous video examples of the maneuver.

As the helicopter Garzoli was piloting went into a glide the instructor noticed the oil and auxiliary fuel pump lights were on, the NTSB report noted. The instructor attempted to increase the throttle but had to take a hard landing, damaging the helicopter.

Sheriff's officials have reported that Garzoli, who has been with the agency about 20 years, has a private pilot license and is seeking a commercial license.

Members of the Board of Supervisors said they became aware of the incident after reading about it in the local media.

Board Chair Denise Rushing on Tuesday cited the July 1 Lake County News story on the landing, and then pointed to a paragraph in a Monday Lake County News story that quoted the sheriff's operational plan under the Drug Enforcement Administration (DEA) agreement that funds the helicopter.

That plan noted that the sheriff's office, in an effort to reduce costs and increase flight time, intends “to begin operating a leased/rented aircraft in-house.”

That's a document that board members said they have never seen, and which Mitchell said, historically, hasn't been something he's submitted to the board.

Mitchell, who presented to the board an extensive packet of information on Tuesday to address their questions and concerns, said his office has contacted 24 other agencies and found that only about a third of them submit their operational plans to their boards of supervisors.

Supervisor Rob Brown pointed out that the board doesn't get operational plans on a lot of things.

He said they should all be grateful no one was hurt or killed in the June 25 incident.

“I was personally surprised that we had the program in place at all,” he said.

He also was concerned that a county employee, Garzoli, was taking flying lessons.

Brown pointed to a Feb. 13, 1996, vote by the board against having a helicopter program. Mitchell clarified that the vote was to turn down buying three military surplus aircraft.

“For me the bottom line question is, there's an individual that's getting some flight training,” Rushing said. She asked if that was happening on county time and at county expense.

Mitchell said it was on county time, but the costs are covered by the DEA grant. In a 5-0 vote the board approved an agreement with the DEA for $275,000 to cover costs of eradicating illegal marijuana on April 14.

For Rushing, another issue that arose was the fact that “the individual benefiting from the flight training was the negotiator,” referring to Garzoli, who worked with the DEA on the contract.

“In my mind it makes it difficult to say that that's a pure process,” she said.

County Administrative Officer Kelly Cox emphasized the liability issue for the county that results from having a county employee flying an aircraft.

“The board needs to make it clear that it's not to happen any more,” he said, urging supervisors to pass a motion saying that a county employee shouldn't be piloting an aircraft on work time. “It's not covered in our insurance.”

County Counsel Anita Grant said she spoke with the county's insurance carrier, who informed her that if the county leases an aircraft for more than 30 days, the insurance treats that aircraft as belonging to the county. As a result, the county's use of a helicopter on a long-term lease isn't covered by the liability program, necessitating a separate policy.

She said the insurance carrier is telling the county “the risk exposure is huge and the cost would be commensurate.”

Questions arose about whether or not Garzoli was on or off duty at the time.

While Garzoli had told the sheriff he changed his status to off duty in order to take responsibility, Mitchell said, “You can't separate the fact that he was on duty at the time that he turned over controls to the pilot.”

He added, “The incident, from my perspective, was an on-duty incident.”

Supervisor Anthony Farrington said this was a situation in which the board has jurisdiction regarding oversight of public safety. He asked Mitchell if he was aware of everything that had taken place regarding the incident. “I was not,” Mitchell replied.

County worried about liability, reimbursement

The sheriff told the board he recognized its authority to put limitations on job duties, and that it has the right to give direction against employees flying, a directive that he would follow.

Farrington said they had to address any perceptions about misuse of public monies.

Brown said they need more detail on how long it's been going on, which means they need flight logs, which will help determine if some of the lesson time is reimbursable. Mitchell said he hasn't yet received those documents from the company.

Liability to the county is clear, said Brown. It's one thing to train someone to land a helicopter in an emergency, quite another to do “dangerous” maneuvers. “I question you're actually looking for marijuana” at such times, he said.

“We need to determine what's right and what's wrong,” Brown said.

Supervisor Jeff Smith said he wanted a copy of Garzoli's flight book, and Rushing said she wanted to see his payroll time sheets.

“It sounds to me at this point that he was all on duty for every hour,” said Smith, which Mitchell confirmed was correct.

Grant said it's likely there has been some insurance coverage up until now, bu there won't be on a long-term lease.

She also noted during the meeting that the agreement with Cutting Edge Helicopters doesn't provide for flight instruction.

Farrington wanted to know if they can take action to seek reimbursement from Garzoli, who he noted has already offered to pay for the flight time out of pocket.

Grant said adding that to a motion would be premature because county staff hasn't concluded that anything inappropriate has occurred. They still need more information to make that determination.

Mitchell said there are a variety of issues that will need to be vetted, including the fact that some of the work done while Garzoli was flying led to arrests on Monday.

Brown said they need to find out how long the lessons have been taking place, and they also need to examine the practice of allowing others to ride in the helicopter while lessons are being given. He said he knows it's taking place because people have said they were in the helicopter with Garzoli.

Cox recommended that the board pass a prohibition against anyone not part of the marijuana program riding in the helicopter, noting that they didn't lease the helicopters to give rides.

Brown said he and Rushing have ridden in the helicopter when Garzoli wasn't piloting.

Mitchell said district attorney investigator Von Morshed has ridden in the helicopter and used the time to photograph three homicide scenes.

Brown said using the helicopter for homicide investigations is completely separate from marijuana, and a student pilot shouldn't be at the controls during those flights. He said he knows others – such as Community Development Director Rick Coel, who had just come into the chambers for another agenda item – also had been offered a ride in the helicopter.

Smith said under the county's contracts it has a right to the flight instructor's books, but he wasn't sure the county has a right to Garzoli's.

“I will make a determination whether or not it will be compelled,” said Mitchell, adding that he believed Garzoli would turn over to him those records.

“He'll give it to me and we will do a thorough review” and make sure it's an appropriate use of staff time, said Mitchell, adding that the duties need to be specific to marijuana eradication.

Rushing said she wanted to know how much county time was spent. Whether or not it's reimbursable is a future determination.

She reiterated her concern about the helicopter contracts themselves – which also were approved in April – and Garzoli's part in negotiating them. “I don't know that I could have voted for the contracts knowing what I know now.”

Cox said they need to look at the contracts. “There's no ifs, ands or buts what the board's direction has been” about aircraft, said Cox.

He said he can't find any instance in which his office ever was made aware that a county employee was piloting the helicopters. “It came as a complete surprise to us,” said Cox. “We do think there is an incredible liability exposure to the county.”

Cox added, “Every asset the county has was at stake,” and it would have been a disaster had an accident occurred. The board needs to make it clear from now on that county employees will not be allowed to pilot aircraft.

Cox said he pulled invoices for the helicopter services, and found one that charges for helicopter time and no pilot. “So I presume that means we must have been piloting it ourselves,” he said.

Supervisor Jim Comstock moved that there would be no county employees flying aircraft or taking flying lessons “in any way, shape or form.” He added that no unauthorized individuals should be riding in helicopters as part of the program. The board approved that motion 5-0, and

Comstock also moved to request the flight logs. Farrington asked that they add language that specifies they'll examine the logs for need for restitution. The board also approved that unanimously.

Mitchell, who noted he was “in 100 percent agreement with the board direction,” said he hopes to have all of the information within a few weeks so he can bring it to the board by next month.

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