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2010-2362010-236 Resolution Introducing Local Law No. —of the Year 2010, Creating Chapter 201 of the Town Code Entitled, "Smoking and Tobacco Use Prohibited" At a regular meeting of the Town Board of the Town of Wappinger, Dutchess County, New York, held at Town Hall, 20 Middlebush Road, Wappingers Falls, New York, on July 12, 2010. The meeting was called to order by Christopher Colsey, Supervisor, and upon roll being called, the following were present: PRESENT: Councilmembers William H. Beale Vincent F. Bettina Ismay Czamiecki Joseph P. Paoloni ABSENT: Supervisor - Christopher J. Colsey The following Resolution was introduced by Councilman Beale and seconded by Councilman Paoloni. WHEREAS, the Town Board finds that smoking tobacco and tobacco use is detrimental to the public health and safety of the residents and youth of the Town of Wappinger; and WHEREAS, the Town Board determines that it is in the public interest to preserve and improve the public health by prohibiting tobacco smoking and tobacco use in Town owned buildings and structures, as well as Town owned parks, playgrounds and recreation areas; and WHEREAS, this is a Type II action pursuant to 6 NYCRR 617.5 (c) (20) and is otherwise exempt from environmental review pursuant to the New York State Environmental Quality Review Act (SEQRA). NOW, THEREFORE, BE IT RESOLVED: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town Board hereby introduces for adoption Local Law No._ of the Year 2010 in the form annexed hereto. 3. The Town Board hereby determines that the enactment of the aforementioned Local Law is a Type II action as defined in 6 NYCRR 617.5 (c) (20) and, accordingly, the Town Board hereby expressly determines that this action is not an action that requires review pursuant to the provisions of New York State Environmental Quality Review Act (SEQRA) or pursuant to Local Law No. 6 of 1992 or pursuant to 6 NYCRR Parts (617). 4. The Town Board hereby schedules a Public Hearing on the proposed adoption of Local Law No._ of the Year 2010, to be held at Town Hall, 20 Middlebush Road, Wappingers Falls, New York, on the 9th day of August 2010, at 7:00 p.m., and the Town Clerk is directed to post the Notice of the Public Hearing in the form annexed hereto and to publish same in the Southern Dutchess News and Poughkeepsie Journal as required by law. The foregoing was put to a vote which resulted as follows: CHRISTOPHER COLSEY, SUPERVISOR Voting: ABSENT WILLIAM H. BEALE, COUNCILMAN Voting: AYE VINCENT F. BETTINA, COUNCILMAN Voting: AYE ISMAY CZARNIECKI, COUNCILWOMAN Voting: AYE JOSEPH P. PAOLONI, COUNCILMAN Voting: AYE Dated: Wappingers Falls, New York 7/12/2010 The Resolution is hereby duly declared adopted. OILZ�- rHN C. MASTERSON, TOWN CLERK