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<br /> Hawaii County Council July 2, 1997 <br /> CHR. ARAKAKI: Okay. Mr. Wurdeman, are you here? <br /> Could we have Mr. Wurdeman? Mr. Wurdeman, could you <br /> please come in for a moment? <br /> (At this time, Corporation Counsel <br /> Richard Wurdeman came forward to <br /> address the members of the Council.) <br /> MR. SANTANGELO: Mr. Wurdeman, I have a proposed <br /> amendment here in front of me and i haven't proposed <br /> it and I'm just asking a couple of questions because <br /> I'm struggling with some new information and I'm <br /> struggling with some of the conversations that I've <br /> had with the law enforcement community. <br /> i have talked to you earlier and the memo would <br /> basically say "no funds shall be used for aerial <br /> herbicidal and chemical spraying of marijuana <br /> plants." The Police have indicated they don't have <br /> any intention of doing this, but by the same token, <br /> there are instances where possibly this would--out of <br /> safety to officers or to the community--they may want <br /> to engage in a limited ezercise. <br /> From your legal viewpoint, what impact do we have and <br /> how appropriate is it for this amendment, if I was to <br /> propose it? <br /> MR. WURDEMAN: Well, I mean, you're free to make any <br /> amendment you want. I don't feel it would be <br /> enforceable because what's before you is the approval <br /> or disapproval of this contract with the Federal <br /> Government and once that contract is entered into, <br /> there would be the contract that would control the way <br /> things are done. <br /> The reason why, in my mind, why that law is there, <br /> 46-7, which is the law that requires this, is because <br /> every time you accept federal money, you accept <br /> federal obligations, and that's what should be <br /> considered. <br /> Now I'm not familiar with the terms of the grant, but <br /> if the grant requires spraying, you would have to <br /> spray. <br /> MR. SANTANGELO: It doesn't require it but it allows <br /> it. So when I had talked to you earlier, you had made <br /> a statement about pretty much just what you just said, <br /> but you made a further statement about maybe really <br /> what we're about here is vote it up or vote it down <br /> but don't dink with it? <br /> 9 <br /> <br />