https://sleepyhollow.localarchives.org/files/original/44733297f1221392e64daeb14714d2d6.pdf 38e894ddbf4b8f4300ad1598734613e2 PDF Text Text 3S3 I Mutates of the Board of Trustees Village of Sleepy Hollow A work session of the Board of Trustees of the Village of Sleepy Hollow was held on Tuesday, November 8th, 2005 at 7:00 P.M. in the boardroom at Village Hall, 28 Beekman Avenue, Sleepy Hollow, New York. Present: Mayor Philip E. Zegarelli Deputy Mayor Mario DiFelice Andy Murray Rich Zieja Tommy Capossela Kay Grala Richard Spota I Trustees Also Present: Dwight H. Douglas, Village Administrator Robert Ponzini, Village Attorney Jimmy Warren, Police Chief Sean McCarthy, Village Architect At 7:50 p.m. the Mayor called the Board into special session. The attached resolutions were acted on as noted therein. At 8:20 p.m. on a motion of Trustee DiFelice, seconded by Trustee Murray the special meeting was adjourned and the Board went into executive session to review current and prospective litigation. Respectfully submitted, Dwight rfrTtouglas, I •-^•s^i-,7-^^'«i;".- i^*Si^i^^si^a^sS^S^^^te^^^i^^SS �•ye* I Meeting Date: Resolution #: 11/08/05 11/179/05 BE IT RESOLVED that the Board of Trustees does hereby designate the following location as a No Parking Zone: The north side of Beekman Avenue from a point 65 feet east of the intersection of Beekman Avenue and Lawrence Avenue to a point 144 feet east of the intersection of Beekman Avenue and Lawrence Avenue. Said parking prohibition shall be in effect at all times. This shall amend Section 57-7 of the Village Code, Parking Prohibited in Designated Locations. As it will appear in the Village Code Book: I VEHICLE AND TRAFFIC §57-7. Park prohibited in designated locations. STREET SIDE SECTION PROHIBITED BEEKMAN AVENUE NORTH From a point 65 feet east of the intersection of Beekman Avenue and Lawrence Avenue to a point 144 feet east of the intersection of Beekman Avenue and Lawrence Avenue. Moved: Trustee Murray Seconded: Trustee Zieja Vote: Unanimous I - i IX\ .r.-^Sl �325 I Meeting Date: Resolution #: 11/08/05 11/180/05 Resolution of the Board of Trustees of the Village of Sleepy Hollow Amending the Sanitation Fee Schedule BE IT RESOLVED that the Sanitation Fee Schedule Is amended as shown on the attached. Moved: Trustee Zleja • By roll call: Seconded: Trustee Grala Yes: Trustees Grala, Murray, Mayor Zegarelll No: Trustees Spota/Capossela&DIFdice Vote: 4-3 �Updated 11/08/05 tillage of &leepp ^ollotn Sanitation jFec gkljebule Jfitftal f^ear 2005-2006 iflinimum Amount of Sftage iflimtnum (©uarterlp &e£ibential ••Senior Citizens (Class 210) & Veterans & Fire Exemptions (Class 210 Only) ••Senior Citizens (Class 220) ••Senior Citizens (Class 230) Up to 4 cans weekly* S20 Up to 5 cans weekly^ Up to 6 cans weekly* $30 $40 1 Family (Class 210) Up to 4 cans weekly* $35 2 Family (Class 220) Up to 5 cans weekly* $45 3 Family (Class 230) Up to 6 cans weekly^ $55 $10 •Additional- Per Can •Dumpster- Commercial Rates itttniimtm Amount of Wiiaqt iWinirmrm (©uarterlp Commercial Apartments (Class 411) j •This rate is based on 4 Family-Each Additional Family Up to 8 cans weekly^ $65 $20 Class: 283,418,422,425,437,438,441,449, 463, 470,472,480,481,482,484,485,534 614,620,630, 652 to 96L Up to 8 cans weekly^ $130 Up to 8 cans weekly* | $250 Up to 8 cans weekly* | $1,250 Up to 8 cans weekly* J2,500 School Districts (Class 612)) Up to 8 cans weekly* | $3,750 Exempt Organizations (All Exempt Classes) | Up to 8 cans weekly* | *Rates as applied to Class) Auto Dealerships & Service Stations (Class 430 to 434) Professional Buildings & Hospitals (Class 465) | Housing Developments (Class 411) | *Additional-Per Dumpster $100 ••Senior Citizen: Defined: Under the Villageof Sleepy HoitowSanrtatkm Fee Schedule, a Senicc Citizen qualifies for the above rate if he or she is 62 years of age or older and me record owner of the subject property. •••For properties coded 620, the religious institution buildings occupied as a single family boose (rectory) would pay single family house rates. �Resolution of the Board of Trustees of the Village of Sleepy Hollow Authorizing Contract with Clarity Testing Services Whereas, pursuant to village policy, alcohol and drug testing services are required for certain classes of employees as more fully detailed in the attached November 1,2005 legal memorandum provided by the village's labor counsel, and Whereas, the village has reviewed a proposal provided by Clarity Testing Services of 33 Main Street, Elmsford, NY 10523 (attached) and found it appropriate for the requirements of the village, Now, Therefore, Be It Resolved that, the Village Board herein authorizes the Mayor to execute the PART I service agreement provided by Clarity Testing Services and to take other such steps as are necessary to effectuate the intent of this resolution. Moved by: Trustee Grala; Resolution #11/181/05 Date: November 8,2005 Seconded by: Trustee Capossela; Vote: Unanimous �33 West Mail Street tf5 BL J D k H E • • ^J M a r c AMkoiz S«He30© ••BlBDnSSUAl (914)761-8378 Elmsford, NY 10523 ^ ^ ^ • S ^ ^ ^ ^ p j ^ ^ ^ M (914) 761-1777 (fax) Performance of Services I DOT Drug and Alcohol Testing Program 1. Random Drag and Alcohol Testing Consortium Clarity will enroll the Village's CDL drivers in a Random Drug and Alcohol Testing Consortium that is fully compliant with 49 CFR Part 40 regulations. All names of testing subjects will be drawn in a scientifically valid random process. These names will be handled in a confidential manner until the time of notification of the Designated Company Contact Person (DCCP). After any type of testing the donor's name is re-entered in the pool for possible subsequent selection. 2. NIDA-5 Chain-of-Custody Urine Drug Screening (SAMHSA-approved lab) Clarity will provide all Drug Testing Services in compliance with DOT regulations as detailed in the Code of Federal Regulations. All six (6) types of tests including: a. Random b. Reasonable Cause c. Post-Accident d. Pre-Employment e. Follow-up f. Return-to-Work will be collected and a SAMHSA-certified lab will be used to analyze the specimens (the lab charge is included in our fee proposal). Results will be given to our Certified Medical Review Officer in an approved confidential manner and any positive results will be verified in an appropriate interview (in person or by phone) with the donor. After verification that no extenuating medical circumstances exist to explain the result, a confidential report will be made to the DCCP verbally, with a certified hard-copy tofollowwithin three (3) business days. The employee will be referred to the DCCP for a discussion of Town Policy and SAP/EAP referral, if applicable. a. Random: Clarity will draw names from the Consortiums's random pool and will then notify the DCCP. These names must remain confidential until the actual time of collection at which time, the chosen employees will be identified and either escorted to the Clarity's Labmobile or directed to a Collection Site. b. Reasonable Cause: These tests will be scheduled on an as-caUed-for basis After a trained supervisor identifies a potentially impaired employee. In most cases these tests will be done at one of our conveniently located affiliated collection sites. Availability of these tests will be on a 24-hour/l day basis with contact to our coordinator by a designated phone and pager system. Clarity Testing Services, he Page 2 of 6 Service Offering �33 West Main Street W g M| Saite300 •HjjXl^SEIU&^BHI (914)761-8378 Einuford, NY 10523 • (914) 761-1777 (fax) • • | 1 • | • | | • • J f i Mare Altaote c. Post-Accident: In most cases these tests will be done in the same manner as Reasonable Cause Testing as to adhere to the two (2) hour time frame mandated by the DOT. Clarity does offer on-site and after hours testing through its ownfleetof Labmobiles or a contracted third party. d. Pre-Employment: Depending on whether these tests will be done with the initial DOT Physical, they can be done with a random group on-site or at a conveniently located affiliated collection site. e. Return-to-Work (if applicable): These tests will be done after a positive result and die initiation of the SAP treatment recommendations. No employee can resume work activities until they are documented "drugfree"with this test, which would usually be done at our offices or at a collection site. f. Follow-Up Tests (if applicable): These will be done randomly over the course of a timeframe determined by the SAP, with afrequencyand number, also to be determined by the SAP, after a treated employee returns to safety-sensitive duties. 3. EBT-Breath Alcohol Testing by Certified Testers (BAT) Clarity will test the appropriate number of randomly selected employees for the current DOTFMCSA criteria (minimum of 10% of total consortium enrollment). All tests will be done by certified Breath Alcohol Technicians (BATS) on a testing device (EBT) approved by DOT and calibrated and maintained to DOT specifications. Initial positive tests will be confirmed with a second test, using DOT guidelines. If the test is confirmed as positive, the DCCP will be notified and the employee will be referred to the SAP for treatment recommendations. 4. Medical Review Officer (MRO) Services All DOT drug testing done by Clarity is verified by a certified MRO and, only after verification, are results reported to the DCCP. Clarity utilizes only Certified MRO'sforthe verification process. Our Medical Director, Jeffrey Althok, M.D., is both a Board Certified Internist and a Certified MRO. As members of both the American Association of Medical Review Officers and the Drug and Alcohol Testing Industry Association, we are constantly abreast of regulatory, forensic, and legislative changes in the Drug and Alcohol Testing field. Clarity Testing Services, lnc Page3of6 Service Offering �33 West Man Street R s*ite3oo BiraMSin vwrn-M-n Elnsford, NY 10523 ••••••^^^^^^^••^•••l (914) 761-1777 (tax) II L M K I T Y MareAMfcefa Hen B Vaccine Program Clarity will provide appropriately certified healthcare professionals to administer Hep B titers and vaccinations to designated town employees. This service will be provided onshe based on 15 or more participants within a mutually agreeable timeframe. Initial service will include administration of Hep B Titers to determine member immunity status to Hepatitis B. Once individual employee immunity status is established Clarity will administer Hep B vaccinations to non-immune members. Hep B vaccination is a series of 3 injections timed appropriately over a 6-month period. At the conclusion of the series Clarity will repeat the titers on each employee to confirm immunity or repeat the series. Ill Firefighter Phvsicab Clarity will provide appropriately trained and certified healthcare professionals to perform firefighter physicals in compliance with Village protocol and industry standards. In an effort to maximize compliance and minimize workday interruption testing will be performed onsite at client's location (nights and weekends are available) and includes the use of Clarity's Labmobile services. Oiriry Testing Services, Inc 1 ^ 4 of 6 Service Offering �MarcAltlMtz (*14)7«-S378 (914) 7*1-1777 (Ikx) 33 West Maia Street S«ite300 Etasford, NY 10523 Pricing Pricing is guaranteed for one (1) yearfromthe inception of any contract between Clarity and the Village of Sleepy Hollow: I DOT Drug and Alcohol Testing Consortium Pre-employment Drug Test Random Selection Random Drug Testing Split Sample Collection Confirmation of Positive Tests Random Alcohol Tests MRO Services Manuals and Related Forms Complete Record Keeping Summary Reports - Calendar Year All Collection Supplies Unlimited Customer Support S1S9 per Employee (Calendar Year) No Additional Charge No Additional Charge No Additional Charge No Additional Charge No Additional Charge No Additional Charge No Additional Charge No Additional Charge No Additional Charge No Additional Charge No Additional Charge No Additional Charge ****************************** If Necessary, as Required *************************** Split Sample Retest (paid by Employee): $150 Post Accident or Reasonable Cause Testing (Drug and Alcohol): At Our Office/Collection Site On-Site/Afler Hours (no additional test fee) $114 $125 per hour (3hr min.) Return to Duty, or Follow-up Tests (Collection Site) $75 per test D O T Manriaf eH Supervisory Training ( 3 Hr. Session) $750 Per Session Employee Orientation Session (1.5 Hours) $500 Per Session *•••*****•**************************•*****•***•***•**••**•***••*•**•*«••*************•******* Clarity Testing Services, fac Page 5 of 6 Service Offcrag �3°l^ 33 West Main Street Saite300 Elmsford, NY 10523 • S • | | H | M JT MffiQnnS|nH| • • ^ • • • • i MarcAMMz <»14)7«-*378 (9U) 761-1777 (fax) II Hen B Vaccine Program Blood Titers (Onsite) Licensed Healthcare Professional Lab Test and Result $60 ea. Hep B Vaccinations (Onsite) Licensed Healthcare Professionals Vaccine $90 per dose (3 doses per employee) These services are also available at our Medical facility, Westchester Medical Care located at 160 South Central Avenue in Elmsford. Pricing is the same. HI Firefighter Physicals Physicals to be performed onsite at client's preferred time by appropriately credentialed and experienced healthcare professionals. Specific services provided to members will vary by job function. Physical Exam Urinalysis EKG Pulmonary Function Test Blood Draw Only (CBC, Chem. Panel, ChoL) Stress Test (If necessary) $125 $15 $60 $50 $20 TBD These services are also available at our Medical facility, Westchester Medical Care located at 160 South Central Avenue in Elmsford. Pricing is the same. This agreement will automatically reaew annually unless cancelled by cither party in writing 30 (thirty) days prior to the end of the calendar year. Date: Jeffrey Altholz, MD For: Clarity Testing Services, Inc. Clarity Testing Services, lnc By: •_... Date: For: Village ofSleepy Hollow Page 6 of 6 Service Oucrfctt. �3^5 I BOND, SCHOENECK & KING, PLLC ATTORNEYS AT LAW - NEW YORK FLORIDA KANSAS MEMORANDUM PRIVILEGED AND CONFIDENTIAL ATTORNEY-CLIENT COMMUNICATION TO: Dwight Douglas Village Administrator FROM: Craig Olivo John Ho DATE: November 1,2005 RE: United States Department of Transportation Drug and Alcohol Testing I Pursuant to your request, this memorandum outlines the general responsibilities of the Village under the Omnibus Transportation Employee Testing Act of 1991 (the "Act"). The Act requires alcohol and drug testing of safety-sensitive employees in the aviation, motor carrier, railroad and mass transit industries. Please note that the Act contains detailed procedures governing alcohol and drug testing. This memorandum only summarizes the highlights of the law. In addition, this memorandum addresses the Federal Highway Administration ("FHWA") regulations which cover the motor carrier industry. The FHWA has issued an alcohol and controlled substances rule requiring alcohol and drug testing of drivers who are required to have a commercial driver's license. Pursuant to these rules, an employer must conduct the required I drug and alcohol testing on any employee (or contractor) that operates a commercial motor vehicle in interstate or intrastate commerce that is required to have a CDL. Accordingly, these regulations apply to such Village employees or contractors. 4496.1 im/2005 ! �3^V Although employers are responsible for implementing and conducting testing programs, they may do this using their own employees, third party administrators or service agents, or by joining together in a consortium that provides services to all member employers. As specified by the United States Department of Transportation ("DOT"), an employer is required to test for alcohol and the following five drugs: marijuana; cocaine; opiates; amphetamines; and phencyclidine (PCP). Moreover, the DOT drug and alcohol testing rules require the following tests: preemployment; post accident; random testing; reasonable suspicion; retum-to-duty, and follow-up (if applicable). A brief description of these tests follows. Pre-Emplovment An employer must require a driver applicant it intends to hire or use to be tested for drug use as a pre-qualification condition. The employer may not use the driver until a verified negative drug test result is obtained. In addition, an employer must ensure that no prior employer has records of a violation of the drug use or alcohol misuse rules within the previous 6 months. Pre-employment testing is not required under the regulation if a driver applicant has participated in a drug testing program within the previous 30 days and was either tested for drugs within the past 6 months or participated in a random drug testing program for the previous 12 months. Post Accident DOT rules require that any driver involved in an accident that results in a death or citation for a moving violation must submit to a test for the presence of drugs and alcohol. -2- 4496.111/1/2005 �An accident is defined as an occurrence involving a commercial vehicle operating on a public road which results in a fatality, an injury requiring immediate treatment away from the scene or disabling damage requiring one or more vehicles to be towed. Prior to a driver operating a commercial motor vehicle, an employer must provide the driver with necessary post-accident information, procedures, and instructions on complying with these requirements. A driver subject to post-accident testing must remain readily available for the testing, or the employer may consider that the driver has refused to submit to testing. The DOT rules specifically detail certain actions that must be taken when the required test has not been administered within a reasonable time frame after the accident Random Testing DOT regulations mandate that the employer establish a random drug and alcohol testing program. Random testing must be conducted just before, during, or just after an employee's performance of safety-sensitive duties. Employees are randomly selected for testing (usually from a "pool" or employees subject to testing). The testing dates and times are unannounced and are with unpredictable frequency throughout the year. Selection must be made by a scientifically valid method and testing must be spread reasonably throughout the calendar year. The minimum annual percentage rate for random alcohol testing is currently 10 percent of the number of drivers. For controlled substances, the random testing rate is presently 50 percent. The FHWA can increase or decrease these percentages effective January 1 each year, based on the reported violation rate for the entire industry. Reasonable Suspicion -3- 4496.111/1/2005 �An employerroustrequire that a driver be tested if the employer determines that reasonable suspicion exists that the driver has violated the drug use or alcohol misuse prohibitions contained in the regulations. The determination must be based on specific, contemporaneous, articulable observations concerning the appearance, behavior, speech or body odors of the driver. Observations may include indications of the chronic and withdrawal effects of controlled substances. The employer representative who makes the determination that reasonable suspicion exists must receive at least 60 minutes of training on drug use and at least an additional 60 minutes of training on alcohol misuse. The person who determines that reasonable suspicion exists must not conduct an alcohol test Retum-to-Duty An employee found to be in violation of the alcohol and/or controlled substance prohibitions must pass a retum-to-duty test before engaging in a safety-sensitive functions. Follow-Up When a substance abuse professional determines that a driver needs assistance in resolving problems associated with alcohol misuse and/or controlled substance abuse, he/she will be subject to unannounced follow-up testing by the employer. The substance abuse professional specifies the number and type of tests required, with at least six tests being conducted during the first two months the driver returns to duty. The tests can be conducted only when the driver is performing safety-sensitive functions or just before or just after performing safety-sensitive functions. You should know the DOT rules do not require an employer to offer an employee assistance program ("EAP") to an employee that tests positive for drugs or alcohol. In addition, -4- 4496.1 11/1/2D0S �an employer is not required to pay for rehabilitation, pay for treatment, or to reinstate the employee in his/her safety-sensitive position. Indeed, many of these issues must be negotiated with the union, if applicable. Collection/Test Site The employer's program must designate one or more collection sites where drivers may provide a urine specimen for drug testing purposes. Each site must have all necessary personnel, materials, equipment, facilities and supervision to provide for privacy and the collection, security, temporary storage and shipping urine specimens to a certified drug testing laboratory. The location must also be sufficient to prevent unauthorized persons from seeing or hearing test results. If the Village elects to operate its own collection site, we can provide you with specific requirements for collection sites. Alternatively, there are many companies that provide the service of acting as a collection site. The Village must ensure that any collection site utilized complies with DOT requirements. Certified Testing Laboratories The employer may only use laboratories certified by the U.S. Department of Health and Human Services to test urine specimens. The DOT rules have specific requirements that govern testing laboratories. You should ensure that the testing laboratory selected by the Village will comply with the DOT regulations. The Department of Health and Human Services publishes a monthly list of certified laboratories. Medical Review Officer f"MRO") -5- 4496.111/1/2005 �3^ An MRO is a licensed doctor of medicine or osteopathy having expertise in drug abuse disorders. The DOT rules require that the employer designate an appropriate individual to serve as the MRO. The MRO's primary function is to review, interpret and report test results of drivers and driver applicants. Negative test results would be reported to the employer or management official designated to receive those results. In the event of a positive test result, the MRO would contact the driver to determine if a legitimate explanation for the positive test exists. If, in the MRO's judgment, no reasonable explanation exists for a positive test, those results would be passed on to the employer. The DOT rules contain detailed requirements on an MRO's additional obligations. Most companies that provide DOT testing services also provide an MRO. Breath Alcohol Technician ("BAT") A BAT instructs and assists the driver in the breath testing process, operates the evidential breath testing device, and interprets and reports results to the designated employer official. The BAT must be trained to proficiency in accordance with the DOT model course. The DOT rules contained detailed requirements on a BAT's additional obligations. Notification Requirements An employer must tell a driver applicant the results of pre-employment drug test if the applicant requests the results within 60 calendar days of being notified that he/she will not be hired. An employer must notify a driver of random, reasonable suspicion and post accident testing results, and the drug(s) identified if the results are verified positive. -6- 4496.1 11/1/2005 �If an MRO is unable to contact a driver to discuss a positive result, the designated employer official may make a reasonable attempt to notify the driver that he/she should contact the MRO within 24 hours. Once a drier has been notified, the employer must immediately inform the MRO. These are only a few examples of the notification requirements in the DOT rules. Record-Keeping Requirements An employer must keep individual negative test results for a minimum of 12 months. Records related to the collection process and training must be kept for at least 2 years. All other records in the employer's possession relating to the administration and results of the drivers drug and alcohol testing program must be maintained for five years. In addition, the employer must maintain, on a calendar year basis, a summary of those records related to the administration and results of the employer drug testing program. Training for Supervisors Each employer shall ensure that all persons designated to supervise drivers receive at least 60 minutes of training on alcohol misuse and receive at least an additional 60 minutes of training on controlled substances use. The training will be used by the supervisors to determine whether reasonable suspicion exists to undergo testing. The training must include the physical, behavioral, speech, and performance indicators of probable alcohol misuse and use of controlled substances. On August 1,2001, the DOT implemented revised rules for drug and alcohol testing applicable to transportation workers in safety-sensitive positions. The DOT revised rules affect DOT-regulated employers, as well as laboratories, collectors, MRO's, and other service agents. -7- 4496.1 11/1/2005 �Y>o Some of the provisions which are particularly significant for DOT-regulated employers are the following: Obtain Drug and Alcohol Testing Records of Previous Employers All DOT-regulated employers must, after obtaining an employee's written consent, request the following information from the employee's previous DOT-regulated employers for the two years prior to the employee's hire or transfer into a safety-sensitive position: (a) Alcohol tests with a result of 0.04 or higher alcohol concentration; (b) Verified positive drug tests; (c) Refusals to be tested (including verified adulterated or substituted drug results); (d) Other violations of DOT drug and alcohol testing regulations; and, (e) With respect to any employee who violated a DOT drug and alcohol regulation, documentation of the employee's successful completion of DOT return-to-duty requirements (including follow-up tests). If the previous employer does not have information about the returnto-duty process, you must seek to obtain this information from the employee. If the employee refuses to provide written consent, the employer must not permit the employee to perform safety-sensitive functions. This requirement applies only to employees seeking to begin performing safety-sensitive duties for the first time (e.g.. new hires, or a transfer into a safety-sensitive position). If the employer obtains information that the employee has violated a DOT drug and alcohol regulation, the employer may not use the employee to perform safety-sensitive functions unless the employer also obtains information that the employee subsequently has complied with the DOT retum-to-duty requirements. These include evaluation by an SAP appropriate referral and treatment, return to duty testing, follow-up testing, and additional treatment, aftercare or support group services. -8- 4496.1 11/1/2905 �In addition, the employer also must ask the employee whether he or she has tested positive, or refused to test, on any pre-employment drug or alcohol test administered by a prospective employer to which the employee applied for, but did not obtain, safety-sensitive transportation work covered by DOT drug and alcohol testing rules during the past two years. If the employee admits that he or she had a positive drug test or refused to test, the employer must not use the employee to perform safety-sensitive functions, until and unless the employee documents successful completion of the return-to-duty process. Split-Specimen Collections. Employers must ensure that all laboratories they use perform split specimen collections of urine, as described above. Designated Employer Representative ("PER"). An employer must have a Designated Employer Representative, who is an employee authorized by the employer to take immediate action(s) to remove employees from safetysensitive duties and to make required decisions in the testing and evaluation processes. The DER also receives test results and other communications for the employer. An employer is prohibited from using a service agent to act as its DER Treatment of Negative Dilute Specimens. If an MRO informs an employer that a negative drug test was dilute, the employer may, but is not required to, direct the employee to provide another specimen immediately. Such recollection must not be made under direct observation, unless there is some other basis justifying the use of direct observation (for example, the original specimen appeared to have been tampered with). Responsibility for Obtaining Information from Service Agents. -9- 4496.1 11/1/2005 �v\0^ I An employer is responsible for obtaining information from its service agents, even if it uses a consortium or third-party administrator to transmit information to it. If, for example, there is a delay in obtaining the results of an applicant's drug test, the employer must not assume that "no news is good news" and permit the applicant to perform safety-sensitive functions before receiving the result. It must affirmatively inquire as to the results. Ensuring That Service Agents Used by the Employer Are Not Subject to a PIE. Employers must ensure that any service agents they engaged (e.g., laboratories, collectors, MRO's, SAP's, third-party administrators) are not subject to a public interest exclusion ("PIE"). DOT will issue PIEs to service agents who do not comply with DOT's drug and alcohol testing rule. A PIE directs DOT-regulated employers not to use the service agent for I a period of time ranging from one to five years. Employers are deemed to have notice that a service agent is subject to a PIE when the DOT places the service agent on its "List of Excluded Drug and Alcohol Service Agents," found on DOT's website (http://www.dot.gov/ost/clapc). Once the employer has notice that a service agent is subject to a PIE, the employer has 90 days within which to stop using the services of that service agent If an employer continues to use the services of that service agent beyond the 90-day notice period, the employer will be in violation of DOT's regulations and may be subject to applicable DOT sanctions (such as civil penalties and withholding of Federal financial assistance). The summary outlined above mentions only some of the more significant provisions of the new drug and alcohol testing rule for DOT-regulated employers. (The rule in its entirety is available on the DOT website, http://dms.dotgov,docket OST-99-6578, or on the Federal Register's website, http://www/access.gpo.gov/su docs/aces/aces 140-htmT). -10- 4496.1 1VW2005 I �Vo3 I At your request, we have attached a draft DOT Drug and Alcohol testing policy for your review. Please do not hesitate to call us with any questions. I I -11- . > : " l ' ! i i * > . | i * i:fSfei..S ^ U M , ; » J ^ i f c . ^ W - M S . ; f c . : i a : t a * i * - i H ^ ^ 4496.1 1in/2D05 �Meeting Date: 11/08/05 Resolution #: 11/182/05 Be it Resolved that the Board of Trustees does hereby confirm the Mayor's appointment of Sean McCarthy, 16 Maple Street, Sleepy Hollow, New York to the position of Building Inspector from eligible list #68-614 at an annual salary of $115,000. effective November 1,2005. Said appointment is subject to a probationary period of twelve tofifty-twoweeks and the approval of the Westchester County Department of Human Resources. Moved: Trustee Capossela Seconded:Trustee Suota Vote:Unanimous �Meeting Date: 11/08/05 Resolution #:ll/183/05 Be it resolved that a legal notice be prepared by Village Counsel for publication soliciting Bid Proposals to purchase a new fire truck for Rescue Hose Company. Said bid proposals to be received no later than 10 a.m. on Wednesday, January 4, 2006 in Village Hall. MovedrTrustee Spota SecondedtTrnstee DiFelice Vote:Unanimous �I Resolution of the Board of Trustees of the Village of Sleepy Hollow Authorizing Contract Extension with Munis Whereas, certain technical services arerequiredin the finance department to support the village's payroll processing function using the MUNIS software system, Now, Therefore, Be It Resolved that, the Village Board herein authorizes the Mayor to execute an extension agreement with Munis for the provision of technical support to the Village's payroll function in an amount not to exceed $6,016. Moved by: Trustee DiFelice; Resolution #11/184/05 Date: November 8,2005 Seconded by: Trustee Murray Vote: Unanimous �^o r\ October 28,2005 MUNIS RELICENSING AND SUPPORT CATEGORY B SUPPORT PERIOD: 05/29/05-05/28/06 SLEEPY HOLLOW #1277 Item Code SUPPORT-fcVOFF-WK) FM-SUP-BC _;•.... % Cat i, 11,025.00 B $ . • , _,t - . $ $ 11,025.00 7350.00 MUNIS 0«ce Tyler Fonts Processing $ I W H illwJ#WWeP I M H H H H I $ 2,625.00 -,...- ,g.WSOO B m SUPPORT-B-PR-6-00 SUPPORT-B-PER-640 ranancat/Applications General Ledger (nduries) Accouning Reporang Budget Reporting Accounts Payable Payrol Personnel UPPORT-B-Gl-6-00 Market Value Description Annual Ucfcllaint Support ...•.:- SJ $ $ 1.9*4,50 1,323.00 * $ $ 47250 1,500.00 5,280.00 $ $ $ 360.00 376.00 6,016.00 - fCSVWNW • BmmlQ GUI INF GUI Ucense ($300) and Support ($60] Inform* SE License ($313) and Suppc>rt($63) Total 1 B B �HC$; Meeting Date: 11/8/05 Resolution #: 11/185/05 Resolution of the Board of Trustees of the Village of Sleepy Hollow Authorizing Purchase of Pitney Bowes Electronic Folder NOW, THEREFORE, BE IT RESOLVED that the Village Administrator is herein authorized to purchase a DF400 Pitney Bowes EJectroriic Folder as per attached price quotation, funds to be taken from the Water Fund account Moved: Trustee Zieja Seconded: Trustee Grala Vote: Unanimous �>VA glllfe I U-9£-£ Pitney Bowes CUSTOMER PROPOSAL For: VILLAGE OF SLEEPYHOLLOW 28BEEKMANAVE SLEEPYHOLLOW, NY 10591-2602 November 4,2005 ( ) PURCHASE QUOTATION HEM FEOGKAMML RENTAL AMOUNT*" DESCRIPTION HNTTfRlCE MiilCrtatiM-1 1 DF40 STANDARD DISCOUNT/ TRAPEtN ALLOWANCE $0.00 DF400 Electronic Folder TOTALS [ JW17 S»M $25.00 NET I EMAfiMA TOTAL ANNUAL* RAJJ= $0.00 $0.00 $2,292.00 $243.10 SU91M $20,11 | I Billed quarterly for ratted items. Applicable taxes will be added. �Resolution of the Board of Trustees of the Village of Sleepy Hollow Authorizing Equipment Lease Agreement Ricoh Digital Imaging System Whereas, the Village of Sleepy Hollow has negotiated favorable terms with Ricoh Digital Imaging System to replace existing copiers and fax machines under expiring lease agreements with upgraded equipment, and Whereas, the monthly carrying charge for the current outmoded copiers and fax equipment is $1643.39 and the monthly cost for replacing said equipment with upgraded models is $1566.12, thus providing a modest $72.27 savings per month; Now, Therefore, Be It Resolved, that the Village Board herein authorizes the Mayor to execute a lease agreement with Ricoh for said equipment and to take other such steps as are necessary to effectuate the intent of this resolution. Moved by: Trustee Grala Resolution #11/186/05 Date: November 8,2005 Seconded by: Trustee Caposseia; Vote: Unanimous �Meeting Date: 11/8/05 Resolution #: 11/187/05 Resolution of the Board of Trustees of the Village of Sleepy Hollow Authorizing Execution of an Inter-Municipal Agreement Legacy Funding for Barnhart Park WHEREAS, the Mayor and Board of Trustees have negotiated an agreement with the County of Westchester for the provision of grant funds to assist in the expansion and renovation of Barnhart Park, and WHEREAS, pursuant to said agreement, the Village of Sieepy Hollow will take over ownership and maintenance responsibility for the County-owned Webber Avenue right of way; and WHEREAS, the expansion and renovation of Barnhart Park is a major Village initiative intended to strengthen, beautify and stimulate the revitalization of the surrounding neighborhood. NOW, THEREFORE, BE IT RESOLVED that the Mayor is authorized, subject to his final review and input from Village Counsel, to execute the attached Inter-Municipal Agreement and to take any and all steps necessary to effectuate the intent of this resolution. Moved: Trustee Capossela Seconded: Trustee Spota Vote: Unanimous �HI"*-/ I Meeting Date: 11/8/05 Resolution # : 11/188/05 Resolution of the Board of Trustees of the Village of Sleepy Hollow Regarding Appointment of Christina Clarke to Board of Trustees of Warner Library WHEREAS, Jennifer Mites has resigned her position as a member of the Board of Trustees of the Warner Library; and I WHEREAS, the Mayor has received a letter, dated September 16,2005 from Carin Rubenstein recommending the appointment of Christina Clarke of 78 Pocantico Street, to replace Jennifer Miles on the Board of Trustees of the Warner Library. NOW, THEREFORE, BE IT RESOLVED, that Christina Clark of 78 Pocantico Street is appointed to the Board of Trustees of the Warner Library to fill the term of Ms. Mites, effective immediately. Moved: Trustee Spota Seconded: Trustee DiFelice Vote: Unanimous I -«,-**>#• - i v f e U i t . 1«*aB»i-.«*4t*rtw-^-a»tfc»--i"JutAJ^» fci«^u4Ji<i*fejesRl&«Siaatas*l£!kSfcSs^ai �I Meeting Date: 11/8/05 Resolution #: 11/189/05 Resolution of the Board of Trustees of the Village of Sleepy Hollow WHEREAS, the Board of Trustees must designate by resolution and publish the offices which are to be filled in such election and the terms thereof. NOW, THEREFORE, BE IT RESOLVED Section 1: That the Board of Trustees designates the following offices as vacant at the end of - the current official year, to be filled at the Village Election to be held on Tuesday, March 21, 2006, for the following terms: Three (3) Trustees - Two (2) year term each Section 2: The Village Cleric is hereby directed to publish the resolution in full in the Journal News: a newspaper of general circulation within the Village of Sleepy Hollow. Section 3: This resolution shall take effect immediately. Moved: Trustee DiFelice Seconded: Trustee Murray Vote: Unanimous I � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Board of Trustees Meeting Minutes & Resolutions-2005 Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource MINS_TRUST_2005-11-08 Subject The topic of the resource Board of Trustees Minutes-2005 Date A point or period of time associated with an event in the lifecycle of the resource 2005 Rights Information about rights held in and over the resource Village of Sleepy Hollow All Rights Reserved. Type The nature or genre of the resource Text