2024-1012024-101
Resolution Authorizing Execution Of Dog Control Housing Agreement
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 April 8, 2024.
The meeting was called to order by Joseph D.
Cavaccini, Town Supervisor, and upon roll being called,
the following was recorded:
✓ Vote Record - Resolution RES -2024-101
Yes/Aye No/Nay Abstain Absent
Q Adopted
❑ Adopted as Amended
Joseph D. Cavaccini
Voter Q ❑ ❑ ❑
❑ Defeated
William H. Beale
Voter 2 ❑ ❑ ❑
❑ Tabled
Angela Bettina
Seconder Q ❑ ❑ ❑
❑ Withdrawn
Christopher Phillips
Voter Q ❑ ❑ ❑
Al Casella
Mover Q ❑ ❑ ❑
The following Resolution was introduced by Casella and seconded by Councilwoman Bettina.
WHEREAS, the Town Dog Control Officer is empowered to seize dogs in accordance with the provisions of
Agriculture and Markets Law §118, and
WHEREAS, pursuant to Agriculture and Markets Law §118 (3), dogs seized by the Town Dog Control Officer are
required to be properly sheltered, fed and watered during the redemption period, and
WHEREAS, CARE of DC, Inc. and Mutts Mansion Inc. (hereinafter CARE/Mutts) maintains a kennel for boarding of
dogs and other animals at its office located at 1031 Route 376, Wappingers Falls, New York 12590, and
WHEREAS, in accordance with Agriculture and markets Law § 115(2), the Town Board wishes to contract with
CARE/Mutts to provides hetterfor dogs seized by the Dog Control Officer, and
WHEREAS, the Town Board wishes to enter into a Dog Control Housing Agreement with CARE/Mutts to shelter,
water, feed and provide necessary veterinary services ford ogs and other animals seized by the Town, and
WHEREAS, a Dog Control Housing Agreement has been presented to the Town, a copy of which is annexed hereto,
and
WHEREAS, the Town determines that it is in the best interest of the Town toe nterinto said Dog Control Housing
Agreement as above-described, and
NOW, THEREFORE, BE IT RESOLVED, that the Dog Control Housing Agreement is hereby approved, and the Town
Supervisor is hereby authorized and directed to execute the above-described agreement in the form annexed
hereto with such changes as the Town Supervisor may deem advisable in consultation with the Town Attorney, and
NOW THEREFORE BE IT FURTHER RESOLVED, that the Town Clerk is hereby directed to forward a copy of the
Agreement to CARE/Mutts along with a certified copy of this Resolution.
The foregoing was put to a vote which resulted as follows:
RESULT: ADOPTED [UNANIMOUS]
MOVER: Al Casella, Councilman
SECONDER: Angela Bettina, Councilwoman
AYES: Cavaccini, Beale, Bettina, Phillips, Casella
Dated: Wappingers Falls, New York
4/8/2024
The Resolution is hereby duly declared Adopted.
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THIS AGREEMENT, made this day of 2024, by and
COMPASSIONATE ANIMAL RESCUE EFFORTS OF DUTCHESS COUNTY INC.
A non-profit 501(c)(3), and MUTTS MANSION INC. (THE BOARDING FACILITY)
having an address of 1031 Route 376, Wappinger Falls, NY 12590
Hereinafter referred to as CARE OF DC/MUTTS
and
TOWN OF WAPPINGER
having an address of 20 Middlebush Road, Wappinger, NY 12590
A municipal corporation
Hereinafter referred to as the "TOWN"
WHEREAS, the TOWN OF WAPPINGER Animal Control Officer, hereinafter referred to as
the "ACO"' is empowered to seize dogs pursuant to the provisions of Agriculture and Markets
Law Article 7, Section 117; and
WHEREAS, this Agreement applies only to dog(s) seized by the ACO; and
WHEREAS, pursuant to Agriculture and Markets Law Article 7, Section 117, dogs seized by the
ACO are required to be property fed and provided water during the applicable redemption
period; and
WHEREAS, CARE OF DC/MUTTS maintains a kennel for boarding dogs and other animals at
its rescue located at 1031 Route 376, Wappinger Falls, NY 12590; and
WHEREAS, the TOWN wishes to contract with CARE OF DC/MUTTS to provide shelter for
dogs seized by the ACO upon terms and conditions hereinafter set forth.
NOW, THEREFORE, it is hereby agreed by and between CARE OF DC/MUTTS and the
TO" as follows:
1. RECITATION INCORPORATED:
These recitations above set forth are incorporated in this Agreement as if fully set forth and
recited herein.
2. TERM OF AGREEMENT:
This Agreement shall become effective on January I It, 2024 and shall continue until December
31, 2024. This agreement may be terminated by either party upon thirty (30) days written notice
to the owner. This agreement may be extended from year to year by agreement of the parties.
3. BOARDING:
CARE OF DC/MUTTS hereby agrees to provide boarding, which includes shelter, food and
water, as required by the Law for the following dogs;
a. -Any and all dogs running at large (unidentified) seized by the ACO as outlined by the
Agriculture and Markets Law Article 7, Section 11 7(l) & (2); and
b. -Any and all dogs who have been seized by a court order pending a "dangerous dog" hearing,
outlined by the Agriculture and Markets Law -Article 7, Section 123(2)
All unidentified dogs seized by the ACO shall be delivered to CARE OF DC/MUTTS at 1031
Route 376, Wappinger Falls, NY 12590. For dogs that can be identified in the field via microchip
or community outreach, CARE OF DC/MUTTS asks that the TOWN ACO make every
reasonable attempt to return the dog to the owner, using guidelines set for Agriculture and
Markets Law, before bringing the dog to CARE OF DC/MUTTS. This request reflects the
national animal shelter policy which strives to keep dogs in their homes.
4. DOGS SEIZED FOR REASONS OTHER THAN Section 117(1) & (2) and Section
123(2):
Any and all dogs seized for reasons other than those listed under Article 7, Section 11 7(l) and
(2) and Section 123(2), which sections were in full force and effect at the time of this agreement,
are not to be boarded and held other than for safekeeping purposes, CARE OF DC/MUTTS must
not refuse to board and hold dogs seized for safekeeping purposes or pursuant to this paragraph.
These include dogs seized for reasons such as owner death, car accident, cruelty, owner arrest,
etc. Said dogs must be released to the Town of Wappinger Animal Control upon his/her request.
Therefore, the Town of Wappinger Animal Control Officer may make corrections or
amendments to an impoundment form if a determination is made that the reasons for dog seizure
are for reasons other than pursuant to Section 117(1) & (2) and Section 123(2). The holding
periods for unidentified and identified dogs pursuant to Section 1] 7(4) & (6) respectively, will
be applicable.
5. HOLDING PERIOD:
In order to provide the owners, a reasonable time period in which to reclaim their seized dog,
CARE OF DC/MUTTS and the TOWN agree to the following:
a. -For dogs running at large (unidentified):
1. Dogs that are not appropriately identified, as outlined by the Agriculture and Markets Law
Article 7, Section 117(4), will be held for five (5) business days from the date they enter the
shelter.
2. Dogs that are appropriately identified, as outlined by the Agriculture and Markets Law Article
7, Section 117(6), will be held for a maximum of nine (9) business days from the date they enter
the shelter. The TO" is responsible for notifying the owner of the seizure, as per the
Agriculture and Markets Law Article 7, Section 117(6).
3. Upon expiration of the above stated holding periods, any and all dogs that have NOT been
redeemed by their owner, will become the property of CARE OF DC/MUTTS, as outlined by the
Agriculture and Markets Law Article 7, Section 1.17(7-a).
b. -For dogs seized under a court order pending a "'dangerous dog hearing", as outlined by
the Agriculture and Markets Law Article 7, Section 123(2), said dogs will be held until final
disposition by the court OR a maximum of fourteen (14) days, whichever cornes first. If the final
hearing has, not been held by the end of the fourteenth day, the TOWN will be responsible for
making alternate arrangements for the housing of such dogs. CARE OF DC/MUTTS may
consider continued housing on a case-by-case basis to be negotiated with the TOWN. If it is
agreed by both parties that the dog shall be euthanized, either pursuant to a Court order or
otherwise, said costs of euthanasia procedure shall be the responsibility of the TOWN.
c.- For dogs that are being held for a 10 -day Rabies observation period:
1. CARE OF DC/MUTTS may take ownership of said dog upon expiration of the 10 -day Rabies
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holding period if there is no owner to reclaim said dog; or
2. If an owner becomes known to CARE OF DC/MUTTS or the TOWN, the owner may reclaim
said dog during the I 0 -day rabies observation holding period if the Dutchess County Department
of Community and Behavioral Health provides written approval of the dog's release to its owner.
6. UNCLAIMED DOG DISPOSITION:
Unclaimed dogs will be evaluated by CARE OF DC/MUTTS to determine if a dog's disposition
and temperament will enable it to be adopted. If the dog is determined to be adoptable, it will be
placed for adoption by CARE OF DC/MUTTS. If the dog is determined to not be adoptable,
CARE OF DC/MUTTS will determine the best option for the dog. If it is determined that the dog
shall be euthanized, either pursuant to a Court order or otherwise, said costs of euthanasia
procedure shall NOT be the responsibility of the TOWN. The TO" shall not be liable for
determinations made by CARE OF DC/MUTTS pursuant to this paragraph.
7. VACCINATIONS:
As outlined by the Agriculture and Markets Law Article 7, Section 109(1)(a), for all dogs that
are to be redeemed, the owner must provide proof of Town license, including proof of Rabies
vaccination. As such, CARE OF DC/MUTTS Will not release any dog to its owner without proof
of the current Town license and the Rabies vaccination. In the event that the dog is not up to date
on its Rabies vaccine and/or the owner is unable to provide proof of such vaccine to the TO",
then CARE OF DC/MUTTS will administer a Rabies vaccine to the dog prior to redemption and
will charge the owner for the cost of this service.
As a requirement for dog(s) to be boarded at CARE OF DC/MUTTS, the dog(s) will receive the
following three (3) vaccines upon their arrival. There will be no exceptions to this vaccination
rule, unless an immediate record of the dog being up to date on all vaccines is provided.
1. Rabies Vaccination- Fifteen Dollars ($15.00)
2. Distemper Vaccination- Twenty -Five Dollars ($25.00)
3. Bordetella Vaccination- Thirty Dollars ($30.00)
The owner will be charged for the three (3) vaccines. If there is no owner or said dog is not
redeemed by the owner, said vaccine costs shall be borne by CARE OF DC/MUTTS.
8. EMERGENCY VETERINARY CARE:
In the event that an impounded dog is determined, by the best judgement of the CARE OF
DC/MUTTS medical staff, to need emergency veterinary care, CARE OF DC/MUTTS will
arrange medical care for the dog. All expenses related to such care will be the responsibility of
the owner. If there is no owner or said dog is not redeemed by the owner, the TOWN will be
responsible for medical expenses up to $500. Above and beyond the $500 that the TOWN must
reimburse CARE OF DC/MUTTS the remaining said medical costs shall be borne by CARE OF
DC/MUT'TS.
9. FEES:
a. -Boarding:
1. The CARE OF DC/MUTTS boarding fee shall be THIRTY DOLLARS ($30.00) per day. The
first day is charged upon admission to the shelter and each subsequent day is calculated upon the
dog being on the CARE OF DC/MUTTS property at 12:OOpm each day.
2. For dogs who are reclaimed by their owner, the owner will be required to pay the boarding fee
directly to CARE OF DC/MUTTS. If the owner is unable to pay the boarding fee, CARE OF
DC/MUTTS will determine whether or not to release the dog on a case-by-case basis.
3. For dogs not redeemed by the owner, CARE OF DC/MUTTS will invoice the TO" for the
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boarding fee for the period running from the date of seizure until the expiration of the applicable
redemption period.
b. -Rabies Vaccination:
1. The fee for the Rabies vaccination shall be FIFTEEN ($15.00) DOLLARS,
2. For dogs that are reclaimed by their owner, the owner shall be required to pay the vaccine fee
directly to CARE OF DC/MUTTS.
3. For dogs that are not redeemed by the owner, the TOWN will not be billed for the Rabies
vaccine.
c. -Veterinary Care:
1. For services provided by the CARE OF DC/MUTTS medical team, the CARE OF
DC/MUTTS usual and customary fees will be applied.
2. For care that requires services from a community-based veterinarian, the actual fee from the
veterinarian will be applied.
3. For dogs that are reclaimed by their owner, the owner will be required to pay the medical care
fees to CARE OF DC/MUTTS.
4. For dogs that are not redeemed by the owner, the TOWN will NOT be responsible for any
CARE OF DC/MUTTS administered medical care fees incurred during the redemption holding
period. (Note: In the case of Emergency Veterinary Care, the TOWN will be responsible for
medical expenses up to $500 if there is no owner or said dog is not redeemed by the owner.)
10. RECLAIM/REDEMPTION OF DOGS:
a. -All owners will be informed by the TOWN and CARE OF DC/MUTTS, of the necessary
documentation and redemption, license and/or other fees to be paid in order to reclaim their dog
as well as the process to accomplish this task. The TOWN shall provide such information to the
owner as part of its notice given pursuant to Paragraph 5 (a)(ii) of the agreement. CARE OF
DC/MUTTS will also make every effort to contact the owner if they can be identified.
b. -Upon payment of all Town fees, the TOWN wi I I issue a license tag and certificate for said
dog, and a receipt of payment. The owner will be instructed to present this documentation to
CARE OF DC/MUTTS in order to reclaim their dog. CARE OF DC/MUTTS will release the dog
after proper documentation has been presented and the owner of the dog has signed the dog's
Agriculture and Markets Department Form DL -I8 (or a comparable form), The owner will also
be required to pay CARE OF DC/MUTTS directly for the boarding fee and vaccination fees at
the time of reclaiming the dog.
1. CARE OF DC/MUTTS shall be available to process reclaims of dogs Monday -Friday, 9am to
Spm. Reclaims will not be processed on federally observed holidays or in cases of inclement
weather that results in CARE OF DC/MUTTS closing early. CARE OF DC/MUTTS will also be
available on weekend days from the hours of 10am to 2pm to process reclaims of dogs.
11, KENNEL SPACE:
At all times, CARE OF DC/MUTTS will provide kennel space for all dogs that are seized; the
ACC► will have 24-hour access to CARE OF DC/MUTTS kennels for the delivery of dogs. The
ACO will also be given the cell phone contact information of the owner of CARE OF
DC/MUTTS for after-hours contact and/or emergencies. The ACO will be required to complete
the CARE OF DC/MUTTS paperwork, attached to the kennel, and ensure the dog has food,
water and bedding in its kennel.
12. INDEMNIFICATION:
CARE OF DC/MUTTS shall defend, indemnify, and hold the TOWN, its officials, officers, and
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employees harmless from and against all actions, proceedings, claims, damages, liabilities,
losses, and expenses including, without limitation, reasonable attorney's fees arising out of the
wrongful actions or omissions of CARE OF DC/MUTTS. The TOWN shall defend, indemnify,
and hold CARE OF DC/MUTTS, its officials, officers, and employees harmless from and against
all actions, proceedings, claims, damages, liabilities, losses, and expenses including, without
limitation, reasonable attorney's fees arising out of the wrongful action or omissions of the
TOWN.
13. APPLICABLE LAW:
This Agreement shall be governed by, construed, and conformed in accordance with the laws of
New York State with regard to conflicts of law and principles of laws.
14. WAIVER:
No waiver of any breach or any condition of this Agreement shall be binding unless in writing
and signed by both parties. No such waiver shall in any way affect any other term or condition of
this Agreement or constitute a cause for reception of such or any other breach unless the waiver
shall specifically include the same.
15. MODIFICATION:
This Agreement constitutes the complete understanding of the parties. No modification of any
provisions thereof shall be valid unless in writing and signed by both parties.
16. NOTICES:
All notices, demands, requests, consents, approvals, or other communications required or
permitted to be given hereunder to any party to this Agreement shall be in writing and shall be
registered or certified mail with return service requested, and/or email.
17. ENTIRE AGREEMENT:
This written Agreement, when signed by both parties forms the entire Agreement between the
parties and replaces and supersedes all prior Agreements or undertakings between the parties, if
any.
18. PAYMENT:
All bills properly submitted to the TOWN in accordance with this Agreement will be paid within
sixty (60) days.
IN WITNESS WHEREOF, the parties have executed this Agreement in two (2) counterparts,
each of which shall constitute an original, the day and year first above written.
COMPASSIONATE ANIMAL RESCUE EFFORTS OF DUTCHESS COUNTY INC.
B—
Karen LeCain, Director
Date: 03/26/2024
TOWN OF WAPPINGER
Joseph D. Cavaccini, Supervisor, Town of Wappinger
Date:
STATE OF NEW YORK )
SS:
COUNTY 0�
On the day of , 2024, before me, the undersigned,
personally appeared Karen LeClain personally known to me or proved to me on the basis
of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the
within instrument and acknowledged to me that he/she/they executed the same in
his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the
individual(s), or the person upon behalf of which the individual(s) acted, executed the
instrument.
OTARY PUBLIC
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STATE OF NEW YORK )
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COUNTY OF DUTCHESS )
On the day of , 2024, before me, the undersigned, personally
appeared Joseph D. Cavaccini personally known to me or proved to me on the basis of satisfactory
evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by
his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the
individual(s) acted, executed the instrument.
NOTARY PUBLIC
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