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HomeMy WebLinkAboutRES 087 Draft 01 2000-2002 COUNTY OF IIAW~I`I ~?TATE OF IIAWAI`I RESOLUTION NO. `7 A 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 MARIJUANA ERADICATION GRANT. WHEREAS, the United States of America through the U.S. Department of Justice, Drug Enforcement Administration, is desirous of providing funding for expenses incurred to investigate, eradicate and suppress the cultivation and trafficking of controlled substances; and WHEREAS, the Hawaii County Police Department is ready and willing to proceed with its obligations under the Marijuana Eradication Program; and WHEREAS, Hawaii Revised Statutes, Section 46-7, requires that county departments obtain the consent of the council to enter into agreement with the federal or state governments respecting action to be taken pursuant to any of the powers granted by law to furnish, expend and receive any funds or other assistance in connection with projects being or to be undertaken pursuant to those powers. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE. COUNTY OF HAWAII that the Office of the Mayor is authorized to enter into an Agreement with the U.S. Department of Justice, Drug Enforcement Administration. BE IT FURTHER RESOLVED that this authorization is subject to the following conditions: 1. Rappelling shall be at least 500 linear feet from any residence. 2. These funds shall be not 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 regulation 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 Hawai `i is authorized to sign the above- referenced and any related documents on behalf of the Office of the Mayor and the County of Hawai `i 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, the State Department of the Attorney General and the U.S. Department of Justice Drug Enforcement Administration. Dated at Hilo, Hawaii this 20th day of Jtu~e , 2001. INTRODUCED BY: COUNCIL MEMBER, COUN OF HAWAII COUNTY COUNCIL ROLL CALL VOTE County of Hawaii Hilo, Hawaii AYES NOES ABS EX ARAKAKI X I hereby certify that the foregoing RESOLUTION was by the CHUNG X vote indicated to the right hereof adopted by the COUNCIL of ELARIONOFF X the County of Hawaii on June 20, 2001 JACOBSON X ATTEST: LEITHEAD-TODD PISICCHIO X SAFARIK X ~ ~ TYLER X YAGONG X ZC.G 7 2 0 0 f ~ ~ Reference 2 3 3 ~ ~-Y\ C~` TY CLERK CHAIRMAN & PRESIDING OFFICER RESOLUTION NO. ~