RESOLUTION SETTING DATE OF PUBLIC HEARING ON LOCAL LAW INTRO.
NO. 2-2018 ENTITLED “A LOCAL LAW
TO RAISE THE LEGAL AGE FOR PURCHASE OF TOBACCO PRODUCTS IN ALLEGANY COUNTY TO
21”
Offered by:Human Services Committee
WHEREAS, on this 26th day of
March, 2018, a Local Law (Intro. No. 2-2018, Print No. 1) was introduced in
relation to raising the legal age to purchase tobacco products in Allegany
County to 21, and
WHEREAS, it will be necessary to set a
date for public hearing on said proposed Local Law, now, therefore, be it
RESOLVED:
1.That a public hearing shall be held on
April 9, 2018, at 2:00 p.m. in the County Legislative Chambers, Room 221,
County Office Building, Belmont, New York, before the Allegany County Board of
Legislators, in relation to proposed Local Law Intro. No.
2-2018, Print No. 1.
2. That the Clerk of the Board of
Legislators is directed to prepare, with the assistance of the County Attorney,
a notice of said public hearing, to cause the publication of a copy of said
notice in each of the two newspapers which have been officially designated by
this Board to publish "notices," and to affix a copy of said notice
on the County bulletin board in the County Courthouse at Belmont, New York;
both publication and posting to be made at least five days before the public
hearing.
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APPROVAL
TO JOIN THE INTER-MUNICIPAL “RAISE THE
AGE” COMPLIANCE COALITION AND AUTHORIZING THE CHAIRMAN OF
THE BOARD TO SIGN THE MEMORANDUM OF UNDERSTANDING AGREEMENT
Offered by: Ways & Means Committee
WHEREAS, on
April 10, 2017, Governor Cuomo signed into law “Raise the Age” legislation that
was included as part of the State Budget, and
WHEREAS, the
vast majority of cases of 16 and 17-year-olds charged with criminal offenses
will ultimately be heard in the Family Court, either originating there or being
transferred there from a new Youth Part of the adult criminal court/superior
court, and
WHEREAS,
under “Raise the Age,” no 16 or 17-year-old will be sentenced to or detained in
a facility with adults; youth whose cases are heard in Family Court will be
detained or placed in New York State Office of Children and Family Services
(OCFS), OCFS-operated, OCFS-licensed, or New York City Administration for
Children Services (ACS) facilities (including Close to Home), as Juvenile
Delinquents currently are; while Adolescent Offenders who are detained
pre-trial will be held in a specialized secure juvenile detention center for
older youth, which will be certified and regulated by OCFS in conjunction with
the state commission of correction, and
WHEREAS,
these “Raise the Age” detention provisions will create challenges for the
counties of New York State, in attempting to comply with the edicts of same,
and
WHEREAS, the
Municipalities share a common interest in developing “Raise the Age” compliance
resources, procedures and protocols, and
WHEREAS, the
Municipalities are acting in accordance with Section § 119-o of the New York
State General Municipal Law, to cooperatively create a “Raise the Age”
Compliance Coalition for the purpose of fulfilling their respective public
purposes, needs, objectives and programs, now, therefore, be it
RESOLVED:
1. That Allegany County shall join the Inter-Municipal “Raise
the Age” Compliance Coalition and enter into a Memorandum of Understanding
Agreement.
2. That the Chairman of this Board is
authorized to execute the Memorandum of Understanding upon the review and approval
of such agreement by the County Attorney.
