2025-722025-72
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 March 10, 2025.
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 -2025-72
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
Voter Q ❑ ❑ ❑
❑ Withdrawn
Christopher Phillips
Mover Q ❑ ❑ ❑
Al Casella
Seconder Q ❑ ❑ ❑
The following Resolution was introduced by Councilman Phillips and seconded by Casella.
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: Christopher Phillips, Councilman
SECONDER: Al Casella, Councilman
AYES: Cavaccini, Beale, Bettina, Phillips, Casella
Dated: Wappingers Falls, New York
3/10/2025
The Resolution is hereby duly declared Adopted.
DOG CONTROL HOUSING AGREEMENT
THIS AGREEMENT, made this / day of Al/??�# , 2025, 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 properly fed and provided water during the applicable redemption period; and
VVHEREAS, 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 TOWN 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 1St, 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/MTJTTS 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 11 7(l) & (2) and Section 123(2). The holding periods for unidentified and
identified dogs pursuant to Section 117(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 TOWN 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 117(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 comes 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 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 I0 -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/MTJTTS 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 tiie TOWN. The TOWN 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 TOWN, 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.
S. 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/MUTTS.
9. FEES:
a. -Boarding:
1. The CARE OF DC/MUTTS boarding fee shall be FIFTY DOLLARS ($50.00) 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 12:00pm 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 TOWN for the boarding fee for
the period running from the date of seizure until the expiration of the applicable redemption period-
b.-Rabies
eriod_
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/1VIUTTS_
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. RECLA d/REDEMPTION OF DOGS:
a. -All owners will be informed by the TOWN and CARE OF DCIMUTTS 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 will 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 -18 (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 5pm. 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
I Oam 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 ACO 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 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, Iosses, 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.
17A: U :
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.
By:-'�--
Karen LeCain, Director
Date: 31 �,�-5
TOWN OF WAPPINGER
A
B
J .
Joseph D. Cavaccini, Supervisor, Town of Wappinger
Date:
STATE OF NEW YORK )
) SS:
COUNTY OF J)"63S )
On the if—, day of M06( Wr , 2025, 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.
Lee A. Franc
Notary Public. State of New York
No. OI FR6327313
NOTARY PUBLIC Qualified in Dutchess Cot tt�
Commission Expres 7161 GU�7
STATE OF NEW YORK
) SS:
COUNTY OF DUTCHESS )
On the kday of M ad , 2025, 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
mdividual(s) acted, executed the instrument.
0;
NO ARY PUBLI
9:46 START 9:50 START
Lee A. Freno
N.Otary Public, State of New York
No. 01 FR6327313
Qualified in Dutchess County
Commission Expires 7161