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                  <text>The Board of Trustees of the Village of Sleepy Hollow held a meeting on Tuesday, May 11,
2010, in Village Hall, 28 Beekman Avenue, Sleepy Hoilow, New York.
Present:

Mayor Kenneth G. Wray
Deputy Mayor Thomas Capossela
David Schroedel
Barbara Carr
Bruce Campbell
Karin Worn pa
Evelyn Stupei, Trustees

Also Present: Anthony P. Giaccio, Village Administrator
Janet Gandolfo, Village Counsel
Richard Gross, Village DPW General Foreman
Sean E. McCarthy, Village Building Inspector
Paula A. McCarthy, Village Clerk
John Kapica, Village Chief of Police
At 7:05 p.m. the Mayor called the meeting to order with a pledge to the flag.
Mayor Wray requested a moment of silence for the passing of long-time Village resident
Joanne Collins as well as for the family of DPW employee, Joel Quiniardos.
Public Hearing for Architectural Review Board The Village Clerk read announcement for the continuation of the public hearing.
The Mayor opened up meeting to the public. He stated that this meeting will be on the
agenda at the next work session and the next Trustees meeting.
David Pysh, of Sleepy Hollow, ARB chairman, read a prepared letter regarding the approvals
and disapprovals over the last 3 years.
Trustee Capossela said the memorandum was very helpful.
Since there were no further public comments, the Mayor adjourned this public hearing.
Approval of Warrants Trustee Schroedel made a motion to approve the warrants as amended. Trustee Capossela
seconded. It was unanimous (5-0).

�Trustee Reports Trustee Schroedei- had nothing to report.
Trustee Carr - stated that the design-bid for the Douglas playground was awarded to Follow
the Child. She stated that there will be 3 meetings with this company regarding the design if
anyone wants to attend. The meetings will be held on May 12 and May 26th at 7pm in Village
Hall and at June 5 th at the park at 10 am.
Trustee Carr - stated that the Environmental Advisory Council (EAC) will be completing its
research on the use of gasoline leaf biowers. A presentation will take place on May 18th.
She also stated that the EAC would like the existing traffic study to be extended to include
the intersection from yesterday's accident scene.
The Mayor said we will request this in the future.
Trustee Campbell - stated that there was a meeting with the Mayor and the Sleepy Hollow
Manor residents. He stated that he wants to try and schedule a work session at the senior
center in June.
Trustee Capossela - stated that on Saturday May 15th at 10am, there will be a Police award
ceremony in Village Hall.
Trustee Capossela stated that there was a water shutdown on May 10th. He also stated that
he met with John Korzelius and Jerry Navin and Charles Depaoio for improvements to the
TNT batting cage. He stated that he met with Robert Moon regarding the Memorial Day
parade.
He also stated that the Fire hydrant flushing will continue this week.
Trustee Capossela stated that the air quality testing in the Village Hal! basement has been
completed and recommendation was made to clean mold. He also stated that he went with
the Mayor to the Sleepy Hollow cemetery last Sunday.
Trustee Wompa stated that the Administration Committee is still reviewing resumes and
interviewing for the Treasurer position.
Chief Kapica stated that this week is a Presidential Proclamation for police officers who have
lost their lives in the line of duty as well as recognizing officers for outstanding service. He
stated that the ceremony will start at 10am and last about one hour.

�Administrator's Report Anthony Giaccio stated that the Division St water and sewer negotiations were settled this
week. He stated that the maintenance request at Kingsland Park was responded to by
Westchester County.
He provided an update on the status of severai Village projects;
Installation of Devries lights is moving forward.
The Rt 9 culvert is now back on track and will take a week to complete.
The Pocantico streetscape project will start within a week.
Mr. Giaccio spoke about the Village's storm water drain maintenance as well as its
procedures and how it is providing information to the public.
Richard Gross, General Foreman, spoke about the Catskiil pump station and a recent problem
with the water supply. He stated that this is the first source of water for the Village and that
the station is monitored 24/7 for water level and water pressure. He stated that when it falls
below a certain level, a computer program calls the water department but during off hours
the Village Police are called. He also stated that DPW employee, John Arena, responded, on
this particular incident around 8:45pm and noticed that there was a dip in the chart but he
made sure that everything was ok. Around 3am, the Police Department received a call that
there was no water in a limited area of the Village. John Arena and Richie Gross responded
immediately and found that the pumps were down and the reservoir levels were very low.
He stated that they got the station up and running on manual mode. When the water
started back it was brown. He stated that they contacted technicians to address and
determine why the 2nd call was not received. He stated that about 35 homes were effect and
were out of water for about an hour,
Richard Gross stated that this tank is monitored 24/7 and with the new tank, this situation
won't happen again.
The Mayor said we need a new water reservoir. We don't have enough water in our reservoir
for a day and it's critical that we get this system upgraded.
Trustee Capossela stated that he met with the DPW technicians today and will have
suggestions by the end of week. He stated that he would like Richard Gross and John Arena
to explain what is recommended.
Richard Gross stated that the technician found one fault and will be developing a cost
Public comments
Triathlon people talked and thanked for a pleasurable event opportunity.
The Mayor said it is a great event and the Village is happy they are back.

�Resolutions See attached.
Mayor's Announcements
There was none.
Public Comments Paul Wichmann stated that he did not get reply from building dept regarding a Certificate of
Occupancy for his driveway.
The Mayor asked Mr. McCarthy to respond in writing to Mr. Wichmann.
Mary Elien Joy of Riverside Drive wants to know about the Metro North fence that goes
across the road. She stated that young peopie cross over the fence and it's dangerous.
She stated that the Village needs to look at which barriers are not working. She also stated
that the DPW is not using Kelbourne Ave the right way. She stated that trucks are going the
wrong way. She also stated that several neighbors asked for paving on Riverside Drive
between Monroe and Harwood Avenues,
Richard Gross responded that if DPW drivers violate traffic rules they will be fined.
The Mayor said that in addition to disciplinary actions they will be fined by PD.
At 8:10pm, Trustee Schroedel moved to adjourn the meeting; it was seconded by Trustee
Campbell.
At 8:10pm, Trustee Carr moved, seconded by Trustee Wompa to go into executive session to
discuss a personal matter. At 8:11pm Trustee Schroedel rescinded his motion to adjourn the
meeting, seconded by Trustee Campbell.
At 8:20pm, Trustee Schroedel moved to adjourn the meeting; it was seconded by Trustee
Campbell.
Respectfully submitted,

Village Clerk

�Meeting Date: 5/11/2010
Resolution No.: 5/87/2010

W H E R E A S , the Village of Sleepy Hollow Fire Department purchased a second-hand 1987
Steiger Craft 25 foot Pilothouse Utility Boat in March 2004, The boat, formerly a towing
vessel, was updated and modified to serve as the fire boat for the Village of Sleepy
Hollow; and
W H E R E A S , being 23 years old, the boat requires extensive maintenance each year, some
of which work the fire department volunteers do themselves while other jobs require the
expertise of staff at the marina. The cost of this maintenance is estimated by the fire
department at around $5,000 per year; and
W H E R E A S , the marine unit use the boat to respond to approximately 40 to 50 calls per
year including such incidents as boat fires, watercraft accidents, swimmers in distress,
bridge and land fire support, missing boaters, suicide jumps, and assistance to law
enforcement investigations; and
W H E R E A S , fire department staff have noticed a significant increase over the iast few
years in the number of people attempting suicide jumps from the Tappan Zee bridge, ail
except two of whom were retrieved from the river by Sleepy Hollow and neighboring
marine units; and
W H E R E A S , a grant funding source has been identified to assist the Fire Department
purchase a new fire boat, which requires a 5% Village cash match.
NOW, THEREFORE, BE IT RESOLVED that Kenneth Wray, Mayor of the Village of
Sleepy Hollow, is hereby authorized and directed to file an application for funds from the
Federal Emergency Management Agency in accordance with the provisions of the
Assistance to Firefighters Grant Program, in an amount not to exceed $170,000, and upon
approval of said request to enter into and execute a project agreement with the Federal
government for such financial assistance for purchase of a new fire boat; and
BE IT FURTHER RESOLVED that the Mayor is herein authorized to take any and all such
steps as are necessary to effectuate the intent of this resolution.
Moved: Trustee Schroedel
Absent: Trustee Stupel

Seconded: Trustee Campbell

Vote: 5-0

�PUBLIC HEARING NOTICE
P L E A S E T A K E N O T I C E the Board of Trustees of the Village of Sleepy Hollow will hold
a continuation of the public hearing on Tuesday, May 11, 2010 at 7 p.m. at Village Hall,
28 Beekman Avenue, Sleepy Hollow, New York to hear and consider comments from
members of the public regarding an amendment to the Village Code, eliminating
Chapter 6, entitled Architectural Review Board and amending Chapter 62 to give certain
duties now performed by the Architectural Review Board to the Planning Board. A copy
of the proposed revisions to the Village Code is available at the Village Clerk's office,
Monday-Friday from 8:30 a.m. to 4:30 p.m. Ail interested parties are invited to attend
and be heard at said hearing. Village Hall is accessible to the handicapped.
By Order of the Board of Trustees
Dated: April 27, 2010
Paula A. McCarthy
Village Clerk

p

�Meeting Date: 5/11/2010
Resolution No.: 5/88/2010

W H E R E A S , the Village of Sieepy Holiow Fire Department and EMS' communications
system is old and inadequate, with a single antenna site on Tappan Hill School in
Tarrytown, resulting in dead spots in which emergency personnel are unable to receive
messages transmitted by their colleagues. Such dead spots include the lower inner
village, sections.of the Hudson River and highly populated buildings such as Phelps
Hospital, Kendal on Hudson and Sleepy Hollow High School; and
W H E R E A S , Motorola has recommended a communications solution which includes
additional receivers at Sleepy Hollow High Schooi, Kendal and Phelps Hospital, a repeater
at the base station on Tappan Hill Schooi and the inclusion of a battery backup, lightning
and surge protection to insure reliability; and
W H E R E A S , the Fire Departments' Self Contained Breathing Apparatus packs, which have
a recommended life of ten years, are sixteen years old and showing significant wear and
tear, with over half of the Department's equipment repairs budget being spent on repairs
to the SCBA packs each year; and
W H E R E A S , a grant funding source has been identified to assist fund the cost of new Self
Contained Breathing Apparatus and the required communications upgrade. This grant
program requires a 5% Village cash match.
NOW, THEREFORE, BE IT RESOLVED that Kenneth Wray, Mayor of the Village of
Sleepy Hollow, is hereby authorized and directed to file an application for funds from the
Federal Emergency Management Agency in accordance with the provisions of the
Assistance to Firefighters Grant Program, in an amount not to exceed $170,000, and upon
approval of said request to enter into and execute a project agreement with the Federal
government for such financial assistance to purchase new SCBA packs as well as the
components of the recommended communication system upgrade; and
BE IT FURTHER RESOLVED that the Mayor is herein authorized to take any and all such
steps as are necessary to effectuate the intent of this resolution.
Moved: Trustee Campbell
Absent: Trustee Stupel

Seconded: Trustee Capossela Vote: 5-0

�Meeting Date:
Resolution No.:

5/11/2010
5/89/2010

Resolution of the Board of Trustees of the Village of Sleepy Hollow
Accepting Resignation of Lorene Straughen

WHEREAS, Secretary to the Village Administrator by the attached letter dated
May 3 rd , 2010, submitted her resignation from the Village of Sleepy Hollow.
WHEREAS, said resignation must be formaiiy accepted by the Village of Sleepy Hollow Board of
Trustees, and
WHEREAS, the Village, by resolution number 07/138/03 dated July 15, 2003, adopted a policy
for employee termination and rehire, and
NOW, THEREFORE, BE IT RESOLVED, that the Village accepts the resignation of Lorene
Straughen dated May 3, 2010 and effective May 14th, 2010, 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 Lorene Straughen and
a copy be placed in her personnel record with proof of service.
Moved: Trustee Capossela
Absetn: Trustee Stupel

Seconded: Trustee Campbell

Vote: 5-0

�Meeting Date:
Resolution No.:

5/11/2010
5/90/2010

W H E R E A S , Police Sergeant, Paul Hood, by the attached letter dated April 19, 2010
submitted his retirement announcement letter from the Sleepy Hollow Police Department
W H E R E A S , said retirement announcement letter must be formally accepted by the Village of
Sleepy Hollow Board of Trustees, and
W H E R E A S , the Village, by resolution number 07/138/03 dated July 15, 2003, adopted a policy
for employee termination and rehire, and
NOW, THEREFORE, BE IT RESOLVED, that the Village accepts the retirement of Paul Hood
dated April 19, 2010 and effective May 3, 2010 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 Paul Hood and a copy
be placed in his personnel record with proof of service.

Moved: Trustee Carr

Seconded: Trustee Schroedel

p

. Vote:

�Meeting Date:
Resolution #:

05/11/10
05/91/10

Resolution of the Mayor and Board of Trustees of the Village of Sleepy Hollow
Authorizing a Raise for Certain Non-Union Employees
WHEREAS, the following three municipal employees: Sean McCarthy, Richard Gross
and Anthony Giaccio have employment contracts with the Village, and
WHEREAS, Mayor and Board of Trustees have reviewed the performance of said
employees; discussed their respective performances to date, and wish to increase their
salaries.
NOW, THEREFORE, BE IT RESOLVED that a 2% per annum salary increase shall be
granted to the above employees effective from the anniversary date of each contract;
and
BE IT FURTHER RESOLVED, that all terms and conditions of said contract
agreements shall be carried forward in full force and effect for the term of the contract
in calendar year 2010.
Moved: Trustee Schroedel
Absent: Trustee Stupei

Seconded: Trustee Campbell

Vote: 5-0

�11 May 2010

MAY 11 Z010
BUILDING DEPT.
Dear M a y o r Wray and Trustees of the Village of Sleepy Hollow,

VILLAGE OF SLEEPY HOLLOW

I am writing to respond to the current proposal that the present Village code regarding the
responsibilities of the Architectural Review Board (ARB) be revised substantially. As the chairman of the
ARB for the past several years, I suppose the responsibility is mine to provide the retrospection on our
functioning over the past few years to allow this decision as to whether it is serving the needs of the
community to be adequately informed.
To begin, I am not invested in preserving the ARB in its exact current form necessarily, nor am I invested
in remaining on it or as its chairman. I have been happy to provide my service as the required NYS
registered architect and as a resident w h o very much appreciates the physical characteristics of our
Village. I am prepared to resign this position so that the following views not be seen as biased.
Although, I do personally believe that reform is warranted, it is obviously a question of what specifically
the reform is. The current code is rather precise in its language on the scope of responsibilities and area
of focus for the ARB. M y view is there is no need to start from scratch.
I believe that some consolidation of the approval boards is wise to consider. Perhaps even to the extent
that the Planning Board, Zoning Board of Appeals and the ARB could be brought into one coordinated
operation. Although there is greater time demanded on such a consolidated board the duplicated time
presenting projects to three boards and the inefficiencies of informing all the boards of each others'
issues and judgments would both be eliminated, just as one example, it would take a little more
consideration to do justice to this severe of a change.
I am sorry for not having been able, in these two weeks, to complete as comprehensive of a
retrospective of the ARB as I would personally feel is appropriate in this case. I would have thought the
following to be a reasonable prelude to taking action:
How many applications have been heard?
How many have been approved? How many appearances were there by the applicant?
What was the scope of the proposal? Fence? Sign? Single Family Res.? Commercial Dev.?
Were there amendments made to the proposal by the ARB?
What were the actions of the other boards on the applications?
What was the record of grievances? Were they sensible?
What is the setup for other Hudson River Valley Towns? Tarrytown? Etc.?

This would be important to expose for you, the trustees, and the community just what the ARB has been
doing, so as not to rely on snapshots of the record that on their own can be misleading of the total. I've
seen that people generally think it is useless when they are applying for a permit, but those same people
want something there to restrain possible changes by others that they don't like.

�To start, if the any adjustment has the effect, intended or not, to reduce the community oversight on
Sarge scale development, it will very likely be destructive for the Village. Exercising restraints over
homeowners and small businesses is clearly not where major effects are and also not where the damage
can be done. Those who live and work here in the community are inherently invested in its longer term
desirability. Commercial development cannot credibly argue the same long term concern, and having
control over the natural tendencies of commercial construction and development to serve these long
term aims of the village is in my view a large part of the responsibility of local g o v e r n m e n t It is frankly
quite simple to make changes to the current ARB opperation that meet the concerns of overburdening
our community residents, while maintaining the function of enlisting qualified local residents to consider
and assess the merits of large scale d e v e l o p m e n t
To prioritize a f e w critical points:
The first and most important issue is to address the idea that an ARB is dominantly about imposing
aesthetic opinions. This is a very uninformed view. W h e n an ARB becomes about this, I disagree with it
as well. M y perspective as an Architect is to deal with the quality of the planning and if the appropriate
time and energy was spent by the Applicant/Designers considering the proposed project. Those of us
w h o work in the Architecture/Design field understand how many decisions are needed to adequately
describing a building of even the single family scale, and how common it is for considerations to be
ignored and/or done hastily and with inadequate care. 1 feel that the village should grant itself the
ability to insist that design professionals spend the appropriate time and care thinking about how to
build what will become installed in fabric of the Village for decades. Nearly always, this modest added
effort delivers the most benefit to those whose project it is. Typically, in relation to the hard cost of
construction the soft costs are trivial.
The focus is and should be on the higher quality service from the soft costs, and less on the hard costs;
advocating for upgrades in material quality. This is what the ARB for the past few years has focused on
providing. The most meaningful way to keep the focus on these issues is with the makeup of the boards.
As stated at the public hearing on April 27th, it is arguably less critical to the Village deriving the desired
benefits from an ARB type mechanism, that there are certain boards with different functions, and more
critical that the professional backgrounds and experience of the members of the boards be appropriate
to the task of most fully understanding and advising on the built environment Although there are many
profession that participate in arena of building and construction, and a diversity of these roles are useful
and needed. NYS licensed Architects are the only profession with the authority to certify building
designs for review and approval by NYS. They are also the field that concerns itself with the quality of
the built environment, and are the ones with the most credibility and knowledge of the field to address
claims of hardship by the applicant for being asked to make design alterations, and the ones most
appropriate to the subject of the built quality of the village. Therefore the requirement of one NYS
licensed Architect to be on the ARB needs to be preserved, and I would suggest expanded.
Because the great majority of ARB applications have been for very small scale issues of fences and signs,
and because these represent the greatest ratio of effort on the part of the applicant in relation to the
cost, 1 recommend that the alternative approach of instituting preapproved design options for fences
and signs be considered. This would streamline the process of applicants w h o are satisfied with the
options and still leave it open for those who want to propose something unique to do so. It also has the
desirable effect of incentivizing cohesiveness for small scale built elements.

�i?
Because I believe that the ARB requirements are the only ones that insist on notification of the property
owners of proposed construction, I recommend that this function be preserved in whatever alteration is
enacted.'
In order to serve the diversity of neighborhoods correctly and to combat the perception that this is
about one set of residents imposing their wishes on others, I recommend that all the boards made up of
geographically dispersed member.
Typically, an ARB exists in communities with a distinct historical character which is a significant asset to
the location. The ARB is the forum and arbiter attempting to maintain this built character and its value
to the community. In our case it is about preserving quality and maintaining standards, ie. Responding to
property owner proposals, but we will also realize something much more productive by developing an
enlarged vision of what we want to see happen and by putting out incentives to get us there. With a
focus on: creating an even more active pedestrian life along Beakman and Cortland Streets, the key
anchor points along these corridors, especially the terminal points and especially the river ends.
Of course it misses the point to think of a forward vision without looking at the G M site. This subject is
huge and not adequately dealt with as an adjunct to the ARB subject, but as it is looming, and as
someone who was brought into the ARB to contribute to the G M considerations, and be present for
most of the process, I would strongly highlight the following: Much of the ultimate quality is cast in early
choices: in the caliber of the design professionals that are brought into it and in the caliber of the key
ideas used to organize the project. The quality the first greatly impacts the quality of the second. This
cannot be stressed enough. If the initial thoughts are clumsy, the mass of following time is spent trying
to shine up these early failings. Design expertise is relatively inexpensive. The best talent pool in the
county is 22 miles away. Big projects are big carrots that cause people to pursue and compete for them
for no initial cost. This informs the decision makers and expands their view of what is possible.
The visual appeal of our village and its neighborhoods is a community asset that has been contributed to
for decades by hundreds of families. The appeal and desirability of any one property is absolutely not a
function of only that which is within its property lines. I expect that we all admit that its desirability is at
least in part a function of its surroundings. The neighborhoods have intuitionalized patterns grown over
decades, that are their identity, that people use in making their decisions to settle there and have some
right to a continuity of it into the future. The legal facts are that there are controls on property use. The
seemingly more subjective, but real considerations relevant to an ARB are clearly on the continuum of
other property use restrictions.
A reasonable limit to this that grants the property owner their due rights, to satisfy their wishes for
having the home they want, is to put the burden of proof for requiring adjustments on the Board in the
case of the ARB. As the burden would be on the property owner in the case of the ZBA. (there are
instituted zoning restrictions that we have all been living with and that have created the density
character of the village, why should the applicant be exempt from these and be able to deviate from this
character?)
As might be expected, those with the lease political and economic power are likely to be the ones most
hurt by diminishing an ARB type public forum. Those w h o will have to now create their own forum to
respond to physical changes in the community that do not serve them well. As an example that goes to
the record of the ARB; the high rise residences on Valley Street were forced to be 10 feet back from the
sidewalk, like every other building on that street, and are not built at the edge of the sidewalk because
of ARB objection to that proposal even thought there was a Zoning variance granted. This example is

�E

probably the biggest positive affect we have in the past years because it was the biggest construction
project we saw that was completed. Because most of the work is small scale, any positive influence is
small scale, but it adds up.
I sincerely hope this has been some aid in considering what you are going to do with Village code
changes. I expect that there is a lot for you to address in your roles as village trustees, and this is only a
part, but as I think have been made clear these matters of our villages built environment are the most
difficult to change later.
One last thing, if the current ARB considerations are in any way prompted by the complaints of
individual property owners, I think there is a need to make that transparent.

Very Sincerely,

David Pysh
Village of Sleepy Hollow Architectural Review Board Chairman

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