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                  <text>A regular meeting of the Board of Trustees of the Village of Sleepy Hollow was
held on Tuesday, August 12, 2008, at approximately 7:00 p.m. in Village Hall, 28
Beekman Avenue, Sleepy Hollow, New York.
Present:

Mayor Philip E. ZegarellE
Thomas Capossela
Maria Rose DeMilia-Powers
David Schroedel
Kenneth Wray, Trustees

Absent:

Kay Brown Grala, Trustee
Karin Wompa, Trustee

Also Present: Anthony Giaccio, Village Administrator
Sean McCarthy, Building Inspector
Diane Jacobson, Treasurer
Robert Ponzini, Esq., Village Counsel
Mayor Zegarelli called the meeting to order with a prayer and pledge to the flag.
Mayor Zegarelli called for a moment of silence for local residents who have served
the Village and been active in the community throughout the years; Joe Kisalek,
who served on the board over 30 years ago, Johnny Roy, who is a name in history,
and Marc Edwards, brother of John Edwards. We send our sympathies to the
families and convey our best wishes.
Approval of Minutes - None
Approval of Warrants Trustee Capossela moved, seconded by Trustee Schroedel, to approve Warrant
08AUG05 in the amount of $41,702.81. Carried 5-0.
Trustee Capossela questioned the purchase of clay and soil for Ball Field,
discussion ensued with General Foreman, Richard Gross.
Trustee Schroedel moved, seconded by Trustee DeMilia-Powers to approve
Warrant 08JUL29 in the amount of $6,745.92. Carried 5-0.
Trustee Capossela moved, seconded by Trustee Schroedel to approve Warrant
08AUG12U in the amount of $117,087.46. Carried 5-0.
Trustee Schroedel moved, seconded by Trustee DeMilia-Powers to approve
Warrant 08AUG12 in the amount of $32,424.14. Carried 5-0.
1

�Trustee Capossela questioned the purchase of a gas grill. Discussion ensued with
General Foreman Richard Gross regarding rental of all grills; Mr. Gross advised
that it costs $50 for propane and the Village should charge an additional $50 for
the use of the grill; Trustee Capossela agreed.
Trustee DeMilia-Powers moved, seconded by Trustee Schroedel to approve
Warrant 08AUG12Z in the amount of $30,043.40. Carried 5-0.
Trustee DeMilia-Powers questioned payment to Hudson Micro Imaging relating to
minutes; Trustee Capossela questioned the United Rentals Sewer Jet payment.
Discussion ensued with Mayor, Richard Gross, General Foreman and with Sean
McCarthy, Building Inspector. Carried 5-0.
Mayor's AnnouncementMayor advised of one (1) Con Edison turn-off notices at One Riverside Drive.
Mayor announced letter from teamsters regarding workers' Compensation; Mayor
suggested that Village attorney and Village Administrator review this letter.
Mayor announced letter from Tom Loro, Environmental Facilities Acting
Commissioner for the County, regarding the amount of recycling.
Public Comments Ms. Judith Giordano of 89 New Broadway, Sleepy Hollow, NY, addressed the
Mayor and Board regarding her concerns for Kingsland Point Park upkeeps and
costs to maintain it. Letter from Ms. Giordano is attached. Discussion ensued
with Mayor and Trustees.
Mr. Mario Belanich of North Washington Street, Sleepy Hollow, NY, addressed the
Mayor and Board regarding parking on alternate sides of the street when sweeper
goes through to clean, and questioned why summonses are not being issued. Mr.
Belanich questioned the Mayor and the Board regarding the
dissolution of the Village Court. He suggested a public hearing be scheduled on
this matter. Mr. Belanich also questioned the Board regarding R-8, replacement
position in the Finance Dept. Discussion ensued.
Ms. Gail Alexander of Margotta Court at 126 Valley St., Sleepy Hollow, NY,
addressed the Mayor and Board on behalf of the committee at Margotta Court.
The concerns expressed by Ms. Alexander and the committee were regarding
parking and parking meters on Valley Street. Discussion ensued.
Letters from Ms. Alexander are attached.

2

�Ms. Gwen Carter-Smith, of Margotta Court, 126 Valley St., Sleepy Hollow, NY,
addressed the Mayor and Board regarding the parking situation on Valley Street.
Ms. Carter-Smith requested that meters not be installed and that this Board
respond to this concern and request in writing. Discussion ensued.
Mayor reassured Ms. Carter-Smith that meters will not be installed on Valley St.
until further discussion with the Board.
Mr. Armando "Chick" Gallella of 40 Depeyester Street addressed the board
and thanked everyone for their assistance and direction in the fabrication and
installation of Horan's Landing sign.
Trustee Reports Trustee Schroedel addressed Resolution 8 regarding replacement position in the
Finance Department.
Trustee Capossela read DPW reports dated August 8 th , 2008 shown below:
Gorey Brook Rd. and Highland Lane will be paved.
Storm drain cleaning.
Meter reading completed.
Water shut down on August 13 th , 2008
All loose brush to be tied
Beekman Avenue tree pruning
Washington St. curve replacement
All tree removals must be approved by tree committee
Trustee Capossela read the Recreation report dated August 8 th , 2008 show below:
Lighthouse tours every other Sunday.
Summer camp is completed
River swim scheduled for Sept. 7 th
Ferry-go-Round is scheduled for Sept. 14 th .
Trustee DeMilia-Powers- none.
Trustee Wray - Thanked all Ambulance and Firefighter Volunteers for their
services to the Village. Trustee Wray also announced the arrival of new
ambulance.
Administrator's Report - see attached.
Resolutions - See attached.

�Old Business Trustee Capossela questioned the Bond release from Bruce Lozito, which has been
taken care of per Sean McCarthy. Mayor referred question regarding tax
assessment for Michael Krizman to Bob Balog. He also questioned Diane Jacobson
if the adopted purchase policy is being followed through by departments heads.
Ms. Jacobson explained that Dept. Heads are complying but assistance from the
Finance Department is still needed.
Trustee Capossela also commented that Mr. Hugh Jones is interested in being part
of the planning board. Eagle's Club questioned tree plantings around the
perimeter of parking area. He mentioned letter from Craig Laub regarding tree
committee status. Trustee Capossela suggested getting specific details on the
Wicks law for the purpose of the Senior Center. Discussion ensued with mayor
and other Trustees.
Trustee Schroedel recommended a Code of Ethics Committee change and
modification; Robert Ponzini, Village Attorney, responded and suggested a
meeting about it at the next work session.
Trustee DeMilia-Powers questioned liquor license for "Sol Mar" Restaurant in
Tarrytown. Mayor Responded.
Trustee Wray questioned usage of parking at GM site. Discussion ensued.
Communications - Deputy Clerk advised of letter for permit request from
Martinez, Garcia &amp; Associates, PLLC, for on-premises liquor license renewal at
Rosita's Restaurant at 230 N. Washington St.
New Business - None
Public Comment Mr. Armando "Chick" Gallella questioned salary for the position that is currently
available in the Village for Code Enforcement Officer and expressed concern that
the Village terminated Mr. Morabito's services and that he felt he was an excellent
asset to the Village. Discussion ensued with Mayor, Board and Sean McCarthy.
Mr. Gallella also questioned if there is any liability insurance in place for the
Ecuadorian parade. Mayor responded and discussion ensued.
Mr. Belanich requested that the Ecuadorian parade display the American Flag as
well as their homeland flag. He suggested that trees planted by the Village
should not be under wires. He expressed concern that having the Department
mail boxes in the Board room is not a confidential practice and that the residents
in the Village are concerned about it.
4

�At 9:05 p.m. Trustee DeMilia-Powers moved to adjourn the meeting;
Seconded by Trustee Schroedel. Carried 7-0
Respectfully submitted,

Paula A. McCarthy
Deputy Village Clerk

�ADMINISTRATOR'S REPORT 8/12/08

1) KARL DIBBLE AGREEMENT - I received the necessary certificate of insurance from Karl Dibble to
process top soil on the GM parking l o t i would like to move forward with an agreement with
Mr. Dibble that will allow him to complete his work, with the understanding that all stock piled
material will be completely removed by the end 6f the year.
2)

SAFETY COMMITTEE - i met with our insurance company today and they advised me that it
would be a good idea to set up a meeting with the department heads to discuss ways of
improving safety in the workplace. I wiil be arranging a safety meeting with the department
heads towards the end of September. It is recommended that we have these meetings about
four times a year to keep everyone up to date with our training and procedures.

3)

KINGSLAND POINT PARK - I met with Chief Warren, Rich Gross, Rob Pell and Robin Pell to
discuss ways of improving our policies as they relate to Kingsland Point Park. This is coming off
the heels of the problems that we had a couple of weeks ago. We have some recommendations
for the Board and I will be submitted a memo to the Board to discuss at our next work session.

4) STREET FAIR - Since Trustee Wompa is not here, I will give a brief report on the upcoming Street
Fair and Ferry-Go-Round. We had a meeting on Friday and have basically finalized all of the
entertainment Both the police and DPW are prepared for the fair and ferry-go-round. We're
focusing our attention now on getting vendors and promoting the event. We currently have
about 40 vendors. Some of the attractions will include the New York Rangers entertainment
mobile which will have a bouncy castle and other activities. The New York Red Bulls soccer team
will do a demonstration, there will be a D.J. all day along with local performers, and at 4:00
there will be a band at JP Doyles. I believe the Yonkers police dog will do a demonstration, and
there will be a dunk tank. Hopefully everyone can come out and attend. The event is on
Sunday, September 14 from 10:00 to 5:00 on Beekman Avenue.

�Meeting Date:
Resolution #:

08/12/08
08/170/08

Resolution of the Board of Trustees of the Village of Sleepy Hollow
Authorizing Immaculate Conception Church Bazaar
BE IT RESOLVED that the Mayor and Village Board herein grant approval to the
Immaculate Conception Church to hold its Fall Festival on the nights of September 11,12,13
and 14, 2008, 6:00 p.m. to on or about 11:00 p.m.; approval to dose Depeyster Street
between North Broadway and North Washington Street during the Bazaar hours; and
approval to place three trailers on the south side of Depeyster Street adjacent to the Church
for the duration of the event; and that the appropriate Village Department Heads are to be
notified of this event

Moved: Trustee DeMiiia-Powers Seconded: Trustee Capossella Vote: 5-0

�Meeting Date: 08/12/08
Resolution^ 08/171/08
Sleepy Hollow Cemetery -Estate of Laurance S. Rockefeller
Rezoning Approval and Negative Declaration
WHEREAS, the Village of Sleepy Hollow Department of Architecture, Land Use Development,
buildings and Building Compliance received a zoning district change application submitted on behalf
of the Sleepy Hollow Cemetery (the Applicant) requesting a change in zoning district designation
from R-l One-Family Residence, to CEM Cemetery Area for a 12.5 acre parcel located on North
Broadway directly north of the existing Sleepy Hollow Cemetery (the Proposed Action); and
WHEREAS, on May 7,2008, the Village's Waterfront Advisory Committee reviewed the proposed
rezoning and found it to be consistent with the goals and policies outlined in the Village's Local
Waterfront Advisory Program; and
WHEREAS, on May 22, 2008, the Village Planning Board reviewed the proposed rezoning as
required by Section 62-53(B) of the Village Code and provided arecommendationin favor of the
proposed rezoning; and
WHEREAS, the Mayor and Board of Trustees (the Village Board) held a properly noticed public
hearing on the Proposed Action on July 29, 2008, at which time those wishing to be heard were
given the opportunity to speak; and
WHEREAS, the Village Board scrutinized and evaluated the information presented in the
Environmental Assessment Form, including the potential alternative development scenario under
the existing zoning (three single-family residences); and
NOW, THEREFORE BE IT RESOLVED, that after reviewing the Proposed Action against the
criteria set forth in Part 617.7(c) of the implementing regulations pertaining to Article 8 of the
Environmental Conservation Law, Criteria for Determining Significance, the Village Board does
hereby determine that the Proposed Action would not cause significant adverse impacts to the
environment and that a Negative Declaration is so recorded for the Proposed Action. Specifically the
Village Board has, on the basis of the entire record before it, determined that:
a. The proposed action will not result in a substantial adverse change in existing air quality,
ground or surface water quality or quantity, or traffic or noise levels, and that the proposed action
will not result in a substantial increase in solid waste production, or in the potential for erosion,
flooding, leeching, or drainage.
b. The proposed action will not substantially interfere with the movement of any resident or
migratory fish or wildlife species, impact a significant habitat area, have an adverse impact on a
threatened or endangered species of animal or plant, or have any other significant adverse impact on
natural resources.

�c. The proposed action will not impair the environmental characteristics of a Critical
Environmental Area.
d. The proposed action is consistent with the Village's current plans and goals as officially
approved or adopted.
e. The proposed action will not impair the character or quality of any important historical or
archaeological resource,
f. The proposed action will not result in a major change in the use of any energy resource.
g. The proposed action will not create a hazard to human health.
h. The proposed action will not create an adverse change in the creation of open space and
recreational resources; and be it further
RESOLVED, that the Village Board concurs with the conclusions of the Waterfront Advisory
Committee and finds that the Proposed Action is consistent with the overall goals and policies of the
Village's LWRP; and be it further
RESOLVED, that the Mayor and Board of Trustees does hereby authorize the rezoning of the subject
property, referred to as Section 11, Block 13,LotGA16, from Residential, R-l to Cemetery, CEM;
and be it further
RESOLVED, that the Village Board does hereby direct the Village Architect to revise the Official
Zoning Map of the Village to reflect this approved change.
Moved by; Trustee DeMilia-Powers Seconded by: Trustee Wray
Vote: 4-0-1Roll Call; Trustee DeMilia-Powers, Schroedel, Wray and Mayor Zegarelli Vote: Yes
Trustee Capossela; Abstained

�Meeting Date;
Resolution # :

08/12/08
08/172/08

WHEREAS, the Village participates in a twenty year retirement plan for its police officers in
accordance with section 384-d of the Retirement and Social Security Law; and
WHEREAS, under the Village's collective bargaining agreement with its PBA, all police officers
are eligible for participation in the twenty year plan; and
WHEREAS, the Village has been advised that certain police officers are currently enrolled in
the twenty-five year plan rather than the twenty year plan; and
WHEREAS, the Village wishes to ensure that ali of its police officers are enrolled in the twenty
year plan and has been advised by the Retirement System of the cost of transferring these
officers to the twenty year plan.
NOW, THEREFORE, BE I T RESOLVED, that the Village Administrator and Village Treasurer,
with the assistance of the Village's labor counsel, are authorized to take such steps as are
necessary to enrol! all eligible Village police officers in the twenty year retirement plan.

Moved: Trustee Wray

Seconded: Trustee DeMilia-Powers

Vote: 5-0

�Meeting Date;
Resolution #:

07/08/08
07/173/08

Resolution of the Board of Trustees of the Village of Sleepy Hollow
Approve Cultural Group &amp; Ecuadorian Tradition Senor de Giron, Inc.
BE IT RESOLVED that the Village Board hereby approves the Cultural Group &amp;
Ecuadorian Tradition Sehor de Giron, Inc. religious parade on Clinton Street, Cortland
Street and Beekman Avenue on Sunday, September 7, 2008, beginning at 12:00 noon
and ending at 1:00 p.m., and that the appropriate Village of Sleepy Hollow Departments
be so notified,

Moved: Trustee Capossela

Seconded: Trustee DeMilia-Powers

Vote: 5-0

�Meeting Date:
Resolution #;

08/12/08
08/174/08

RESOLUTION OF THE BOARD OF TRUSTEES OF THE
VILLAGE OF SLEEPY HOLLOW
ADOPTING A LOCAL LAW PROVIDING FOR EXEMPTION FOR COLD WAR
VETERANS AS DEFINED BY REAL PROPERTY TAX LAW SECTION 458-b
WHEREAS, the Village of Sleepy Hollow "Sleepy Hollow") duly noticed and conducted a
public hearing on July 29, 2008 to consider the adoption of a local law providing for
exemption for Cold War veterans as defined by Real Property Tax Law Section 458-b;
and
WHEREAS, the purpose of this local law is to establish a real property tax exemption
for Cold War veterans who served in the United States Armed Forces during the time
period commencing on September 2,1945 and ending on December 26,1991 and to
extend real estate tax exemptions to these peace time service men and women; and
WHEREAS, after due deliberation and upon recommendation of the Village Assessor,
Sleepy Hollow finds that this local law is in the best interests of and serves the general
welfare and safety of all residents of Sleepy Hollow.
NOW, THEREFORE, BE IT RESOLVED that Sleepy Hollow hereby adopts and
approves this local law providing for exemption for Cold War veterans as defined by
Real Property Tax Law Section 458-b; and
BE IT FURTHER RESOLVED that this local law shall take effect upon filing with the
Secretary of State and apply to the tax rolls for the Village year 2009/2010.

Moved: Trustee Schroede;

Seconded: Trustee Wray

Vote:5-0

�Meeting Date:
Resolution #:

08/12/08
08/175/08

RESOLUTION OF THE BOARD OF TRUSTEES OF THE
VILLAGE OF SLEEPY HOLLOW
ADOPTING A LOCAL LAW PROVIDING FOR EXEMPTION FOR MEMBERS OF
VOLUNTEER FIRE DEPARTMENTS AND AMBULANCE COMPANIES
WHEREAS; the Village of Sieepy Hollow ("Sleepy Hollow") duly noticed and conducted
a public hearing on July 29, 2008 to consider the adoption of a local iaw providing for
exemption of members of the volunteer fire departments and ambulance companies
from real property tax in Sleepy Hollow; and
WHEREAS, the purpose of this local law is to permit those eligible members of the
Village volunteer departments and ambulance companies to exempt. 10% of their
Village assessed value from taxation as permitted by Section 606 of the Real Property
Tax Law of the State of New York as amended by the legislature of the State of New
York; and
WHEREAS, after due deliberation and upon recommendation of the Village Assessor,
Sieepy Hoilow finds that this (oca! law is in the best interests of and serves the general
welfare and safety of ail residents of Sleepy Hollow.
NOW, THEREFORE, BE IT RESOLVED that Sleepy Hollow hereby adopts and
approves this local law providing those eligible members of the Village volunteer
departments and ambulance companies an exemption of 10% of their Village assessed
value of property from taxation as permitted by Section 606 of the Real Property Tax
Law of the State of New York as amended by the legislature of the State of New York;
and
BE IT FURTHER RESOLVED that this local law shall take effect upon filing with the
Secretary of State and apply to the tax rolls for the Village year 2009/2010.

Moved: Trustee DeMilia-Powers

Seconded: Trustee Wray

Vote: 5-0

�Meeting Date:
Resolution #:

08/12/08
08/176/08

BE IT RESOLVED that the Mayor and Board of Trustees do hereby approve the Police
Committees' recommendation to appoint Robert H. Nixon of 86 Wildey Street, Tarrytown, New
York as a Sleepy Hollow Police Auxiliary Enforcement Officer effective August 12th, 2008.

Moved: Trustee Capossela

Seconded: Trustee DeMilia-Powers

Vote: 5-0

�Meeting Date:
Resolution No.:

08/12/08
08/177/08

Resolution of the Board of Trustees of the Village of Sleepy Hollow
Accepting Resignation of Ricky Cabrera
WHEREAS, Ricky Cabrera ("Cabrera") was employed as a part time laborer in the Village of
Sleepy Hollow Department of Public Works("Sleepy Hollow"), and
WHEREAS, Cabrera, by letter dated July 21, submitted his resignation from the Sleepy Hollow
Department of Public Works to General Foreman Richard Gross ("Gross") effective August 1,
2008, and
WHEREAS, such resignation must be formally accepted by the Village of Sleepy Hollow Board
of Trustees ("Village"), and
WHEREAS, the Village, by resolution number 07/138/03 dated July 15, 2003, adopted a policy
for employee termination and rehire ("Policy"), and
WHEREAS, this policy was effective and applies to Cabrera and is a term and condition of his
resignation.
NOW, THEREFORE, BE IT RESOLVED, that the Village accepts the resignation of Cabrera,
dated July 21, 2008 and effective August 1, 2008, and finds that the termination/rehire policy of
July 15, 2003 applies, and
BE IT FURTHER RESOLVED, that a copy of the policy be forwarded to Cabrera and a copy be
placed in his personnel record with proof of service and that we wish him well in his new
endeavors.

Moved: Trustee Capossela

Seconded: Trustee DeMila-Powers

Vote: 5-0

�Meeting Date:
Resolution #:

08/12/08
08/178/08

Resolution of the Board of Trustees of the Village of Sleepy Hollow
Appointing Senior Bookkeeper
BE IT RESOLVED that the Board of Trustees, on recommendation of the Finance Committee
and Village Treasurer, do hereby confirm the Mayor's appointment of Amalia Macedo of 160
Oscawana Lake Road, Putnam Valley, New York to the position of Senior Bookkeeper in the
Finance Department at an annual salary of $58,000 to begin on September 8, 2008.
BE IT FURTHER RESOLVED that said appointment is subject to a probationary period of
twelve to fifty-two weeks and subject to the approval of Westchester County Civil Service.

Moved: Trustee Schroedel

Seconded: Trustee Wray

Vote: 5-0

�Meeting Date:
Resolution #:

08/12/08
08/179/08

BE IT RESOLVED that the Board of Trustees does hereby confirm the Mayor's
appointment of Charles DePaolo to Motor Equipment Operator in the Public Works
Department effective August 13, 2008 at an annual salary of $58,167.96, said salary to
be paid at 85% at an annua! amount of $49,442,77 until December 20, 2008.
Said appointments are subject to the approval of Westchester County Department of
Human Resources and a probationary period of twelve to fifty-two weeks.

Moved: Trustee Wray

Meeting Date:
Resolution #:

Seconded: Trustee Capossela

Vote: 5-0

08/12/08
08/180/08

BE IT RESOLVED that the Board of Trustees does hereby confirm the Mayor's
appointment of Eduardo Roncancio to Skilled Laborer in the Public Works Department
effective August 13, 2008 at an annual salary of $59,519.66 said salary to be paid at
85% at an annua! amount of $50,591.71 until December 20, 2008.
Said appointments are subject to the approval of Westchester County Department of
Human Resources and a probationary period of twelve to fifty-two weeks.

Moved: Trustee Wray

Seconded: Trustee DeMilia-Powers

Vote: 5-0

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