2010-1202010-120
Resolution Authorizing Execution of Dog Control Housing Agreement with Dutchess
County SPCA
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,
2010.
The meeting was called to order by Christopher Colsey, Supervisor, and upon roll being
called, the following were present:
PRESENT: Supervisor
Councilmembers
ABSENT:
Christopher J. Colsey
William H. Beale
Vincent F. Bettina (arrived at 7:20 PM)
Ismay Czarniecki
Joseph P. Paoloni (arrived at 7:37 PM)
The following Resolution was introduced by Councilman Bettina and seconded by
Councilman Beale.
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, the Dutchess County Society for the Prevention of Cruelty to Animals
(hereinafter DCSPCA) maintains a kennel for boarding of dogs and other animals at its office
located at 636 Violet Avenue, Hyde Park, New York, 12538; and
WHEREAS, in accordance with Agriculture and Markets Law § 115 (2), the Town Board
wishes to contract with DCSPCA to provide shelter for dogs seized by the Town Dog Control
Officer; and
WHEREAS, the Town Board wishes to enter into a Dog Control Housing Agreement
with DCSPCA to shelter, water, feed and provide necessary veterinary services for dogs and
other animals seized by the Town; and
WHEREAS, DCSPCA has presented to the Town a Dog Control Housing Agreement,
executed by DCSPCA, a copy of which is annexed hereto; and
WHEREAS, the Town determines that it is in the best interest of the Town to enter into
said Dog Control Housing Agreement as above described.
NOW, THEREFORE, BE IT RESOLVED, as follows:
1. The recitations above set forth are incorporated in this Resolution as if fully set
forth and adopted herein.
2. The Town of Wappinger hereby approves the Dog Control Housing Agreement,
in the form annexed hereto, and authorizes and directs the Supervisor to execute
the Agreement by and on behalf of the Town of Wappinger.
The Town Clerk is hereby directed to forward a fully executed copy of the
Agreement to the DCSPCA.
The foregoing was put to a vote which resulted as follows:
CHRISTOPHER COLSEY, SUPERVISOR
Voting:
AYE
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
3/10/2010
The Resolution is hereby duly declared adopted.
J C. MASTERSON, TOWN CLERK
TOWN SUPERVISOR
Christopher J. Colsey
SECRETARY
Inez Maldonado
20 MIDDLEBUSH ROAD
WAPPINGERS FALLS, NY 12590
W W W.TOWNOFWAPPINGER.US
(845) 297-4158 - Main
(845) 297-2744 - Direct
(845) 297-4558 — Fax
March 12, 2010
TOWN OF WAPPINGER
Office of the Town Supervisor
Joyce Garrity, Executive Director
Dutchess County SPCA
636 Violet Avenue
Hyde Park NY 12538
RE: Town of Wappinger Services Contract
Dear Ms. Garrity:
TOWN BOARD
William H. Beale
Vincent Bettina
Ismay Czarniecki
Joseph P. Paoloni
TOWN CLERK
Chris Masterson
HIGHWAY SUPERINTENDENT
Graham Foster
riECEIVEL,
MAR 12 2010
Enclosed find two copies of the contract between your agency and the Town of Wappinger. Each copy
has an original and notarized signature.
Please execute the contract on behalf of the Dutchess County SPCA in the presence of a notary public
and return one original to my attention for filing with the Town Clerk.
Thank you,
Christopher Colsey, Supervisor
Town of Wappinger
Cc: Town of Wappinger Town Clerk
DOG CONTROL HOUSING AGREEMENT
THIS AGREEMENT, made this L? day of Ittart)1 , 2010, by and between
Supervisor off r,
DUTCHESS COUNTY SPCA, MAR 18 2010
a New York Not -For- Profit Corporation Received
having an address of 636 Violet Avenue, Hyde Park, New York 12538
Hereinafter referred to as "DCSPCA"
and
THE TOWN OF WAPPINGER,
a Municipal Corporation with its offices located at
Town Hall, 20 Middlebush Road, �i. 9�O
Wappingers Falls, New York 12590-0324
Hereinafter referred to as the "TOWN"
WHEREAS, the Town of Wappinger Dog Control Officer a powered to seize dogs
pursuant to the provisions of Agriculture and Markets L §
WHEREAS, this Agreement applies only to dog(s) seized by the Town of Wappinger
Dog Control Officer; and
to Agriculture and Markets Law § 118, dogs seized by a Dog
WHEREAS, pursuant
Control Officer are required to be properly fed and watered during the applicable redemption
period; and
WHEREAS, DCSPCA maintains a kennel for book 12538ing gandd other animals at its
office located at 636 Violet Avenue, Hyde Park, New York,
WHEREAS, the TOWN wishes to contract with DCSPCA to provide shelter for dogs
seized by the Town Dog Control Officer upon terms and conditions hereinafter set forth.
NOW, THERFORE, it is hereby agreed by and between DCSPCA and the TOWN as
follows:
1. RECITATION INCORPORATED. The recitations above set forth are incorporated in
this Agreement as if fully set forth and recited herein.
2. TERM OF AGREEMENT. This Agreement sha
ll be n eco e shall coeffective ntinue diaiely
upon signing by the Town Board of the Town of pp g
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December 31, 2010. Either party may terminate this agreement upon 60 days written
notice to the other.
BOARDING AND VETERINARY CARE. DCSPCA hereby agrees to provide
boarding and any veterinary care as required bythe Agriculture
O cult as follows: arkets Law for all
dogs seized by the Town of Wappinger Dog Co
ntrol A. All dogs seized by the Town of Wappinger Dog Control Officer shall be
delivered to the offices of DCSPCA at 636 Violet Avenue, Hyde Park, New
York 12538;
B. Each dog so delivered will be held for a minimum of seven (7) days before
adoption when not identified as per applicable by State Law;
C. Dogs that appropriately identified as outlined by State Law will be held for a
minimum of eleven (11) days;
D. All dogs will be evaluated by DCSPCA staff to determine if a dog's
disposition and temperament will enable it to be adopted;
E. If the dog is determined to be adoptable, it will be placed for adoption by
DCSPCA
F. DCSPCA reserves the right to handle the final disposition
f dogs deemed
unadoptable within the Mission Statement of the DC
4. FEES. The TOWN will pay DCSPCA for each dogs as follows:
A. For dogs not indentified whether or not reclaimed within seven (7) days, a rate
of $25.00 per day, one (1) day minimum, for a maximum of seven (7) days
will be charged; this fee shall include all boarding.
B. For dogs identified whether or not reclaimed withinaone televen minimum and
the fee charge will be a rate of $27.00 per day with Y
with a maximum of eleven (11) days, this fee shall include all boarding.
C. For dogs that have been seized due to a dangerous dog order by a Coo any nurt of
d all
confident jurisdiction there will be fee of $40.00 dis dos tiondition tof the dangerous
daily boarding fees, payable by the TOWN up P
dog action.
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5. RECLAIM/REDEMPTION OF DOGS.
A. DCSPCA will process reclaims/redemption of dogs at its office and at the
following hours:
1. The TOWN will process reclaims/redemptions of dogs during weekdays
from 8:30 AN to 4:00 P.M.
2. Only when Town Hall is not otherwise open for business
TOWN, the DCSPCA of
the dog is not able to reclaim the dog(s) from the
will process reclaim/redemption of dog(s) from 11:30 A.M until 4:00
P.M., seven (7) days a week.
B. The TOWN will process reclaims/redemptions of dogs as follows:
1. Upon payment of the redemption and boarding fees, the TOWN will issue
the pink copy of the Agriculture and MarketsD tha �e TOWN has t form DL- to
the dog owner or designee, which will evidence
received all reclaim/redemption fees;
2. It will be the TOWN'S responsibility to collect boarding fees from the
owner when the TOWN processes reclaims/redemptions.
C. The owner will pay any/all other fees due the DCSPCA as follows:
1. Additional boarding- $27.00 per day if dog not picked up same day as
redemption;
2. Rabies Shots -$25.00;
3. Intact dog surcharge -$10.00 flat fee;
4. All fees due DCSPCA must be paid at time of reclaim/redernption of the
dog and presentation of form DL -18.
D. Any portion of redemption fees due the TOWN and collected by the DCSPCA
will be remitted to the TOWN within three (3) business days of collection.
Boarding fees owed by the TOWN pursuant to paragraph 4 above and
collected by DCSPCA at time of redemption will behe TOWN toDCSPCA
DCSPCA.
satisfaction of the boarding fees otherwise owed by t
6. KENNEL SPACE. At all times, the DCSPCA will provide kennel space for all dogs
that are seized; the Dog Control Officer (DCO) will have access to DCSPCA kennels for the
delivery of dogs at all times of day.
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7. TRANSPORTATION. In the event a dog requires veterinary care, DCSPCA will
provide and arrange for any necessary care; the TOWN will be charged for the veterinary
fees as incurred by DCSPCA
8. INDEMNIFICATION. The DCSPCA 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,
ad
reasonable
s defend and attorney's
fees arising out of the wrongful actions of the DCSPCA. The
indemnify and hold the DCSPCA, 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 acts or admissions
of the TOWN.
9. APPLICABLE LAW. This Agreement shall be governed by, construed and enforced
in accordance with the laws of New York with regard to conflicts of laws and principles
of
law.
10. WAIVER. No waiver of any breach of any condition of this Agreement shall be
binding unless in writing and signed by the party waiving such breach. No such waiver shall
in any way affect any other term or condition of this Agreement or constitute a cause or
excuse for repetition of such or any other breach unless the waiver shall specifically include
the same.
11. 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.
12. NOTICES. All notices, demands, requests, consents, approvals or other
communications (for the purpose of this paragraph collectively called "Notices") required or
permitted to be given hereunder to any party to this Agreement shall be in writing and shall
be sent overnight delivery service or registered or certified mail, return receipt requested,
postage prepaid, addressed as follows, or to such other address as such party shall have
specified most recently by like Notice,
If to DCSPCA:
Dutchess County SPCA
636 Violet Ave.
Hyde Park, NY 12538
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If to TOWN:
Town Clerk
Town of Wappinger
20 Middlebush Road
Wappinger Falls, NY 12590
and ASSIGNS. This Agreement shall apply to bind the successors and
13. SUCCESSORS
heirs, administrators and executor of the parties hereto.
14. ENTIRE AGREEMENT. This written Agreement, when signed by all parities above
identified, forms the entire Agreement between the parties and replaces and supersedes all
prior Agreements or undertakings between the parties, if any.
15. BINDING EFFECT. This Agreement shall be binding on the heirs, executors,
administrators, successors and assigns of the parties hereto.
16. AUTHORIZATION. This Agreement was authorized R°lution of the Town
d held
Board of thwn of Wappinger, duly adopted at a regular
e jomeeting of the Town Boar
on the /D�da'y of /`Ti��C�� , 2010.
arties have executed this Agreement in two (2) counter
IN WITNESS WHEREOF, the p al .the da and year first above written.
parts, each of which shall constitute an origin Y
DUTCHESS COUNTY SPCA
B'&y:
Joyc Garrity, Executive D ector
TOWN F APPINGER
By:
Christopher J. C y, Supervis r
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STATE OF NEW YORK )
)SS:
COUNTY OF DUTCHESS )
On the 17 day of
2010, before me, the undersigned, personally
appeared JOYCE GARRITY known to me or proved to me on the basis of satisfactory
evidence to be the individual whose name is subscribed to the within instrument and
acknowledged to me that she executed the same in her capacity, and that by her signature
on the instrument, the individual, or the person upon behalf of which the individual acted,
executed the instrument.
STATE OF NEW YORK
)SS:
COUNTY OF DUTCHESS )
CATHERINE D. EDWARDS
ary u c SbW o New York
NOTARY PUBtTQistration No. 01ED6142109
Qualified in Dutchess County
Commission ExpinesMsrch 1 ao�
On the 12'''''' day of HA Kc -H , 2010, before me, the undersigned,
personally appeared CHRISTOPHER J. COLSEY known am is subscribed to the within
e or proved to me on the
basis of satisfactory evidence to be the individual whose n
instrument and acknowledged to me that he executed the same inhis
n behalf capacity,
which the by
his signature on the instrument, the individual, or the person up
individual acted, executed the instrument.
AOT%ARY P-
ALBERT P. ROBERTS
NOTARY pliBLIC, State of New York
Qualified in Dutchess County
Commission Expires Feb. 28, 2Q44-1,