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HomeMy WebLinkAboutRES 046 Draft 04 2000-2002 COUNTY OF HAWA~`I, STATE OF HAWAII RESOLUTION NO. 46 O1 Draft 4 RESOLUTION AUTHORIZING THE OFFICE OF THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE UNITED STATES OF AMERICA, PURSUANT TO HRS 46-7, FOR A STATEWIDE MARIJUANA ERADICATION GRANT WHEREAS, the United States of America through the State Department of the Attomey General Cnme Prevention and Justice Assistance Division, is desirous of providing for expenses to conduct missions for the elimination of controlled substances; and WHEREAS, the Hawai`~ County Police Department is ready and vnlltng to proceed with its obligations under the Statewide Marijuana Eradication Grant; and WHEREAS, Hawai`~ Revised Statutes, Section 46-7, requires that county departrnents obtain the consent of the council to enter into agreement with the federal or state govemments respecting acuon to be taken pursuant to any of the powers granted by law to famish, expend and receive any funds or other assistance m connection with protects being or to be undertaken pursuant to those powers. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAI I that the Office of the Mayor is authorized to enter into an Agreement with the State Department of the Attomey General Crime Prevention and Justice Assistance Division BE IT FURTHER RESOLVED that this authonzation is subject to the following conditions 1 Rappelling shall be at least SOO linear feet from any residence 2 These funds shall not be used for any aerial spraying activities. 3. Flights under 1,000 feet over any residential areas shall be restricted unless probable cause exists. 4 A report shall be submitted to the County Council within thirty days from completion of each mission detailing the number of plants eradicated, the area (location) of the mission, the number of complaints received from the public, the type of complaints, and their disposition. 5. The County Police Department shall work with the State Department of Health and the State Department of the Attorney General to develop a plan where a portion of the confiscated marijuana can be set aside for medical marijuana use. 6. The Hawaii County Police Department shall develop written rules and regulations for this program. 7. The Hawaii County Police Department shall also establish written rules and regulations regarding the use and/or possession of marijuana which may be protected by State and/or Federal law and/or the U.S.and State constitutions. BE IT FURTHER RESOLVED that the Mayor of the County of Hawaii is authorized to sign the above-referenced and any related documents on behalf of the Office of the Mayor and the County of Hawaii pursuant to the Hawaii County Charter. BE IT FURTHER RESOLVED that the County Clerk of the County of Hawaii shall transmit copies of this resolution to the Finance Department, Police Department, State Department of Health and the State Department of the Attorney General. Dated at Hilo, Hawaii this 9th day of March , 2001. INTRODUCED BY: COUNCIL M ER, COUNTY OF HAWAII COUNTY COUNCIL ROLL CALL VOTE County of Hawaii AYES NOES ABS EX Hilo, Hawaii ARAKAKI X CHUNG X I hereby certify that the foregoing RESOLUTION was by ELARIONOFF The vote indicated to the right hereof adopted by the COUNCIL of the IACOBSON County of Hawaii on Marrh 9, 2001 X LEITHEAD-TODD PISICCHIO X ATTEST: SAFARIK X TYLER g YAGONG 6 2 1 0 Reference: C-102.7/P-Council COUNTY CLERK CHAIRMAN & PRESIDING OFFICER RESOLUTION NO. 46 OZ (Draft 4)