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i l l

A Regular meeting of the Board of Trustees of the Village of
North Tarrytown was held on Tuesday, January 19, 1993 at 8 PM.
Present:

Mayor Frank Rey
Steven Baderian
Morris Alter
Nicholas Cicchetti
Michael Hyland
John T. Hayes, Jr.
Trustees

Also Present:

William T. Regan, Village Administrator
Robert J. Ponzini, Village Attorney

Absent:

Trustee James J. Timmings, III

Mayor Rey called the meeting to order at 7:00 PM.
Trustee Hyland moved to go into executive session for the purpose
of discussing a personnel item, second by Trustee Alter and
carried.
Discussion ensued on disability retirement for Police Officer
Ron Biro. Attached resolution #01-19-93 was unanimously passed.
Pledge
Mayor Rey called the regular session to order with a pledge to
the flag. He asked that everyone remain standing for a moment of
silence for former residents Paul Speiles and Eugene Roy who
passed away recently.
Public Hearing-None
Approval of Minutes
Trustee Hyland moved, second by Trustee Cicchetti to approve the
minutes of January 5, 1993 as written, motion carried
unanimously.
Approval of Warrants
Trustee Hyland moved, second by Trustee Cicchetti to approve the
warrants and authorize the Treasurer to pay the bills, motion
carried unanimously. Total of the General fund is $58,627.14 and
the Water Department fund total is $14,097.49.
Communications, Petitions and Requests
Mayor Rey received a letter from Kathleen Deuel of 51 Devries
Avenue opposing the widening of Route 448 and asked that the
Board try to prevent the destruction of the beautiful trees along
this road.
Mayor Rey was in receipt of a memo from Henry Atterbury,
Superintendent of Recreation thanking Officer Bob Checchi for all
his volunteer efforts and time in helping the Recreation
Department in many different projects.(Letter placed in his file)
1

�I

I

i

I

Mayor Rey read correspondence from J.J. Lynch, Chief of Plant
Security commending Detective Sergeant Manny Caixiero for his
assistance in the arrest of a GM employee on drug possession
charges. (Letter placed in his file)
William Regan was in receipt of correspondence from Rose McManus
of New Broadway regarding the ongoing problem she has had with
her sewer line.
Public Comments-Agenda Items Only
Mario Belanich of N. Washington Street wanted to know who the
Ford Taurus was for and how much it would cost.
The Mayor
commented that it was for the General Foreman and the cost was
$10,300. which is below what was allocated in the budget.
Mr. Belanich wanted to know how many bidders there were for the
towing contract. William Regan stated that there were only two
bids and Alex Towing was the highest.
Sal Donzella of Hudson Terrace asked several questions regarding
the DOT resolutions, such as the location of the pipe and which
sidewalks would be affected. The Administrator stated that the
pipe will be located under County House Road and only the
existing sidewalks will be replaced.
Sean Treacy of 25 Tappan Avenue commented on the DOT resolutions
and the loss of so many trees on Route 448. He felt that the
Board should press the issue as far as replacement of all the
trees and there should be an agreement with the State regarding
the replacement of the sewage line.
The Mayor stated that there is a degree of faith with the State
with confirmation in writing as far as the replacement of the
sewer line.
Mr. Treacy praised the Administrator for his work with the County
on the extension of the Beekman avenue project. He also wanted to
know what the cost would be if the Board signs an agreement with
Frederick P. Clark Associates. William Regan commented that they
are paid on an hourly rate which is the same as it is now.
Sal Donzella suggested that the village look into who is
responsible for repairs if pipes break when the State is
installing the 20" water main; the Village or the State. Mayor
Rey felt that any damage should be covered by the contractor's
liability insurance, but Mr. Donzella commented that insurance
may only pay for damage done in the area they are working.
Mayor's Report
Mayor Rey commented that this Friday he and the Administrator
will meet with the GM Task Force at Marymount for an update on
any progress regarding the closing of General Motors.
The Mayor has contacted Duracell to find out the status of the
clean up on their property and they have told him there is a
small area still to be done which is very minor.
2

�£fs
The Mayor commented that the Board will vote tonight to approve
the purchase of a vehicle from the State bid for the General
Foreman.
Administrator's Report
William Regan read the Prosecutor's report for December 1992.
The Administrator commented that the Recreation Department will
have ice skating at Barnhart Park Monday through Friday from
3:3 0PM-5:3 0PM and on Saturday from 9:00 AM-5:00 PM depending on
the weather.
William Regan read the agendas for the Zoning Board to be held on
January 20th at 8:00PM, Planning Board on January 21st at 8:00PM
and the Architectural Review Board on January 27th at 8:00 PM.
William Regan commented that a memo has been sent to all
department heads regarding their 1993-94 budget requests.
The Administrator stated that the expenditure report for December
1992 shows our spending is on target.
There were two bids for the towing contract; Alex Towing at
$12,800. and Dun-Rite Towing at $10,100.
William Regan
recommended awarding the bid to the highest bidder, Alex Towing.
The Administrator recommended a resolution be passed to call for
a Special meeting on January 26, 1993 at 7PM to discuss a
personnel matter, (Resolution #01-18-93 is attached.)
Resolutions-Attached
Much discussion ensued on the DOT resolutions.
The Mayor commented that he has been in touch with Rosedale
Nurseries to secure replacement trees for the ones that will be
removed. Sometimes during a landscaping job trees are removed and
Rosedale has agreed to give us some of these trees.
Trustee Hyland
solved and the
the problem of
Pine Street and

commented that the drainage problem has not been
State claims is was not cost effective to solve
the overflow of the stream behind the house on
New Broadway. He will be voting no.

Trustee Baderian commented that he has always disliked the idea
of this project, but that the State will go ahead with or without
our approval; the Village does not have much influence on this
project.
Trustee Alter commented that by not passing these resolutions, we
will be giving the State a message that we are unhappy with their
approach to the project. There is not going to be much change in
the road, only resurfacing, new sidewalks and widening. By
repaving with asphalt instead of concrete, it will be difficult
to put grooves in the road to retard slipping.

3

�Trustee Cicchettti commented that several years ago Rockefeller
asked the State to widen and repair the road along with several
other requests. The CAC objected to the removal of the trees
since the project was to be just a remodeling of the road. He
felt that it would not make any difference whether the Board
voted yes or no on this project.
Trustee Hayes wanted to know what roads we would be responsible
for maintaining. The Administrator commented just the roads that
are in North Tarrytown.
After the discussion,resolutions #11-93-93, #11-94-92- #11-95-92
and #11-97-92 failed because there was no second to Trustee
Cicehetti's motions.
Old Business
Trustee Cicchetti reported that the CAC will have an important
meeting on January 27th at 8:00 PM and invited any trustee who
could attend to come. There will be three representatives from
the State present and they will be going over the final stages of
the draft resolution for the Local Waterfront Revitalization
Project. The responses to the questionnaire have been good.
New Business
Trustee Alter reported that with regard to recreation programs,
there is a change in the day for youth floor hockey to Tuesday
nights from 6:30PM-8:0OPM.
Public Comments
Dr. Richard Sweet of N.Washington Street commented that as a
member of the CAC and the Tree Commission that this proposed
project was brought up several years ago and the State was told
that they needed a permit to cut the trees down. Dr. Sweet
commented that we should do as Mike Temple had suggested; that is
the that the Board write a document telling him what the Village
wants and then the State will decide what they will give us.
Sean Treacy congratulated the Board for standing up to the State.
He suggested that the Board get a few prices on the drainage
study and not just from Frederick Clark Associates. He asked what
the Board's intention was with regard to Rosedale Nurseries. The
Mayor commented Rosedale would donate trees.
Mr. Treacy commented that he has a few hundred bumper stickers
which read "North Tarrytown-Historic Past-Great Future". He will
leave some at Village Hall for anyone who wishes one.
Mr. Treacy announced that there will be a Democratic Primary on
Tuesday, January 26, 1992 from 6 AM-9PM at the Restoration.
Steve Salman, 3 Lakeview Avenue commented that as a member of the
Planning Board he has found Frederick P. Clark Associates to be
an exemplary and forthright group. He congratulated the Public
Works Department for their great work during the water main
breaks. He also commented that in previous years the
infrastructure has suffered and is glad to see that this Board
4

�has -taken the problem at hand by not transferring money from the
Water Department to the General Fund, but using those funds to
upgrade the pipe lines, etc.
Mr. Salman agreed with Trustee
Baderian that the ten day time period for notice of hearings
should be changed to at least fifteen days.
Jerry Fine, 150 Harwood Avenue commented that since there is only
one main line coming into the Village, the Board should look into
this matter. With regard to Frederick Clark Associates, he felt
that the drainage problem is not their expertise. He also felt
that ten days notice was sufficient as far as the mailing of the
zoning board notices by the applicant. Mr. Fine complimented
Trustee Hyland for his excellent analysis of the drainage
situation. He commented that the bumper stickers Mr. Treacy was
speaking of were the invention of his daughter Allison when she
was a Trustee.
Don Caetano of 27 Lawrence Avenue commented that in some Villages
the building department mails the notices for the applicants. He
commended the water and fire department for the great work that
they did on the water main breaks.
Mario Belanich, North Washington Street, commented that since we
have almost 64% tax-exempt property on the tax rolls, the Village
should put a moratorium on these.
Village Attorney commented that he will look into this suggestion
as soon as he has time to do so.
There being no further comments, Trustee Cicchetti moved to close
the public comment section, second by Trustee Alter and carried.
Executive Session
Trustee Cicchetti moved, second by Trustee Alter to adjourn to
executive session to discuss real estate property.
Discussion ensued on real property acquisition.
There being no further business, Trustee Cicchetti moved, second
by Trustee Hyland to adjourn the meeting; motion carried.
Respectfully submitted,

Angela Everett
Deputy Village Clerk

5

�Meeting Date:
Resolution #s

01-19-93
11-93-92

Resolution of the Board of Trustees of the MUNICIPALITY of
Village of North Tarrytown Agreeing to Maintain, Repair and
Energize a Highway Lighting System on or along State Highway
within the geographical jurisdiction of the MUNICIPALITY, such
highway identified as Route 448 Bedford Road, PIN 8448.00.
County of Westchester.
WHEREAS, the State of New York Department of Transportation
proposes to reconstruct a State Highway identified as Route 448
Bedford Road (SH 9257) PIN 8448.00, County of Westchester
within the geographical jurisdiction of the MUNICIPALITY OF
Village of North Tarrytown, and
WHEREAS, the MUNICIPALITY of Village of North Tarrytown
approves of such project and desires to have a highway lighting
system on such highway within its geographical jurisdiction,
and
WHEREAS, the State of New York has agreed to provide as a part
of the project the following items in connection with a street
lighting system:
1.

Ducts, pull boxes and anchor bolts on structures.

2.

Bracket arms.

3.

Luminaries, wiring switches and ballast and all other
components necessary to complete the lighting system,

provided that the MUNICIPALITY OF Village of North Tarrytown
agrees to maintain, repair and energize such highway lighting
system for a period of 10 years or until such time as the
COMMISSIONER, in his discretion, determines that such lighting
and/or the maintenance of such lighting system is no longer
necessary for such Highway.
NOW, THEREFORE, The Board of Trustees, duly convened, does
hereby RESOLVE, the MUNICIPALITY of Village of North Tarrytown
approves of the above-subject project; and it is hereby further
RESOLVED, that the MUNICIPALITY of Village of North Tarrytown
shall maintain, repair and energize such highway lighting
system, and it is hereby further

�zrr

RESOLVED, that the Board of Trustees of the MUNICIPALITY hereby
authorizes the Mayor of the MUNICIPALITY of the Village of
North Tarrytown to enter into and execute an Agreement with the
State of New York and through the Commissioner of
Transportation to commit the MUNICIPALITY of Village of North
Tarrytown to maintain, at its own expense, the lighting system
of the above-identified project, such agreement to provide that
the emanations shall include the repair and replacement of
equipment and the furnishing of electric current for the
lighting system, and it is hereby further
BE IT FURTHER RESOLVEDs that the Clerk of this Board is hereby
directed to transmit five (5) certified copies of the foregoing
resolution to the State Department of Transportation.
MOVED; T r u s t e e Cicchetti

SECONDED*

THERE WAS NO SECOND. MOTION FAILED.

VOTE J

�I

Meeting Date:
Resolution #:

i

01-19-93
11-94-92

WHEREAS, the New York State Department of Transportation
proposes the reconstruction of Route 448, Bedford Road (S.H.
9257) in the Village of North Tarrytown and
WHEREAS, pursuant to Section 46 of the Highway Law the State
will provide for the relocation and replacement of existing
water mains with a new 20" ductile iron water main as shown on
the contract plans relating to the project and
WHEREAS, the existing water main is owned and maintained by the
Village of North Tarrytown and
NOW, Therefore,
BE XT RESOLVED: That the Village of North Tarrytown approves
the relocation and replacement of the 20" ductile iron pipe
and i t i s further resolved that the Village of North Tarrytown
will maintain these water main replacements.
BE IT FURTHER RESOLVED: That the Clerk of the Board i s hereby
directed to transmit five (5) certified copies of the foregoing
resolution to the State Department of Transportation.

MOVED:

Trustee Cicchetti

BEC0KPED.

THERE WAS NO SECOND.

MOTION FAILED.

_V0TE8

�I

Meeting Date:
Resolution #:

I

01-19-93
11-95-92

WHEREAS, the New York State Department of Transportation
proposes the reconstruction of the Route 448 - Bedford Road
(S.H. 9257) in the Village of North Tarrytown and
WHEREAS, the State will include as part of the reconstruction
of the above mentioned project the construction of sidewalks,
pursuant to Section 46, of the Highway Law, as shown on the
contract plans relating to the project and
WHEREAS, the State will provide for the reconstruction of the
above mentioned work, as shown on the contract plans relating
to the project.
NOW THEREFORE,
BE XT RESOLVED: That the Village of North Tarrytown approve
the replacement and/or reconstruction of such sidewalks, as
shown on the contract plans relating to the project and that
the Village of North Tarrytown will maintain or cause to be
maintained the sidewalk as above stated and as shown on the
contract plans, including the control of snow and ice.
BE IT FURTHER RESOLVED: that the clerk of this Board is hereby
directed to transmit five (5) certified copies of the foregoing
resolution to the State Department of Transportation.
MOVED:Trustee Cicchetti
THERE

SECONDED:

WAS NO SECOND. MOTION FAILED.

VOTE:

�Meeting Date: 01-19-93
Resolution #: 11-97-92
WHEREAS, The New York State Department of Transportation
proposes to reconstruct Route 448 - Bedford Road (SH 9257 &amp;
9249) - from Route 9 to Lake Road.
WHEREAS, in conformance with Section 42 of the New York State
Highway Law. the New York State Department ot Transportation
proposes to utilize the following roads as detours during the
period of construction. Route 448 (Bedford Road), Village of
North Tarrytown and Town of Mount Pleasant; Neperan Road,
Village of Tarrytown and Lake Road, Town of Mount Pleasant.
WHEREAS, said detour will close County House Road (also known
as Tower Hill Road) from Route 448 (Bedford Road) to Neperan
Road, to all but local traffic, for a period of 21 consecutive
days to complete construction on County House Road as part of
the reconstruction of Route 448 (Bedford Road) . Said closure
will not be permitted until the public schools have closed for
the summer.
NOW THEREFORE BE XT RESOLVED: that the Village Board of the
Village of North Tarrytown does hereby authorize the New York
State Department of Transportation to utilize the above
mentioned roads and streets as detours during the period of
construction.
BE XT FURTHER RESOLVED: that the Village of North Tarrytown
will continue to provide routine maintenance on the above
mentioned roads and streets, including snow and ice control.
BE XT FURTHER RESOLVED: that the clerk of this Board is hereby
directed to transmit five (5) certified copies of this
resolution to the State Department of Transportation.
MOVED;Trustee Cicchetti
SECONDED2_
THERE WAS NO SECOND. MOTION FAILED.

VOTE:

�Meeting Dates
Resolution #:

01-19-93
01-10-93

Be It Resolved the Board of Trustees authorizes the Village
Administrator to purchase via New York State bid a Ford Taurus
passenger vehicle. Said purchase to be financed through the
1992-1993 capital budget, not to exceed $11,000.
MOVED: T r u s t e e

Alter

SECONDED: Trustee

On roll call vote:
Trustee Alter- YES
Trustee Baderian-YES
Trustee Hayes YES
Trustee Hyland was not in favor of
should stick with GM cars.
Meeting Date: 01-19-93
Resolution #: 01-11-93

Have8

VOTE!

5 1

"

H
Trustee Cicchetti- YES
Mayor Rey
YES
Trustee Hyland
NO
purchasing a Ford} he commented we

Be It Resolved the Board of Trustees authorizes the Village
Administrator to submit an application to the County of
Westchester for funding from the Community Development Block
Grant (CDBG) in the amount of $114,116. to extend the
improvements on Beekman Avenue from Teresa Street to Kendall
Avenue.
MOVED: Trustee Alter

SECONDED:Trustee Hayes

VOTE:

5

"°

Discussion ensued. Trustee Cicchetti wanted to know if the figure
falls under $114,000. does the Village pay anything. William Regan
commented that the County pays for the construction and the Village
is responsible for engineering and architect's fees.
I
Meeting Date:
Resolution #:

01-19-93
01-12-93

Be it Resolved the Board of Trustees schedules a public hearing
for February 2, 1993 to discuss and consider adopting a Local
Law to add a new Article IV to Chapter 37 of the Code of the
Village of North Tarrytown to prohibit the installation and
maintenance of pay telephones on the exterior of buildings in a
C-l and c-2 zoning district.
MOVED: Trustee Hyland

SECONDED: Trustee Hayes

VOTE: 5 "°

�Jlf
Meeting Date:
Resolution #:

01-19-93
01-13-93

Be It Resolved the Board of Trustees schedules a public hearing
for February 2, 1993 to discuss and consider adopting a Local
Law to amend Section 4-10 of the Code of the Village of North
Tarrytown to prohibit commercial use of amusement devices
except in taverns.
MOVED 8 Trustee Hyland

Meeting Date:
Resolution #:

SECONDED ^Trustee CicchettfrOTB: 5-0

01-19-93
01-14-92

Be It Resolved the Board of Trustees authorizes the Village
Administrator to sign an agreement with Frederick P. Clark
Associates, Inc. for Planning and Zoning Advisory Services for
1993.
MOVED3 Trustee Hayes

SECONDEDgTrustee CicchettJyOTB.

After a brief discussion on whether the Board should seek quotes
from other firms, Trustee Hyland moved to table this resolution
until the next meeting, second by Trustee Alter and motion carried

Meeting Dates
Resolution #:

01-19-93
01-15-93

Be It Resolved, that Inspectors of Election for the Village of
North Tarrytown be appointed to serve on Registration Day,
Saturday, March 6, 1993 in the Municipal Building, 28 Beekman
Avenue, North Tarrytown, NY for the purpose of making a
registry of all such persons as shall be entitled to vote at
the Annual Village Election and that Inspectors of Election be
appointed to serve on Election Day, Tuesday, March 16, 1993 in
accordance with Section 15-116 (1) of the Election Law.
MOVEDiTrustee Hyland

SECONDEDs Trustee Alter

VOTEr5ri0

�Meeting Date:
Resolution #:

01-19-93
01-16-93

Be It Resolved the Board of Trustees adopts the attached Local
Law amending Section 62-44 of the Code of the Village of North
Tarrytown in regard to the giving of notice for hearings before
the Zoning Board of Appeals.
MOVED;Trustee Hvland

SECONDED;Trustee Cicchetti

VOTEsjL^fi

Trustee Baderian suggested that this local law should be amended
further by extending the time for notice to be given from ten
days to fifteen or twenty days. Brief discussion ensued.
Village Attorney commented that another public hearing would need
to be held for that.
Trustee Baderian moved, second by Trustee Alter to call for a
public hearing on February 16, 1993 at 8:00 PM for the purpose of
amending Section 62-44 of the Code of the Village of North
Tarrytown to change the length of time for an applicant to give
notice from ten days prior to hearing to fifteen days. Motion
carried.

Meeting Date:
Resolution #:

01-19-93
01-17-93

Be it Resolved the Board of Trustees awards the contract for
towing services for the period January 25, 1993 through January
24, 1994 to Alex's Towing, Inc., 16 Clinton Street, North
Tarrytown, New York for the sum of $12,800.
MOVED:Trustee Hvland SECONDED: Trustee C i c c h e t t i V O T E : _ _ _
Trustee Hyland commented that since we had a problem with Alex
Towing a few years ago on the parking of their trucks on the
street, he suggested that the Board speak to him personally.
After a brief discussion, Trustee Hyland moved to table this
resolution so that they can discuss the problem with Alex at the
work session, motion seconded by Trustee Alter and carried 5-0.
More discussion ensued.
Village Attorney commented that the
Board has thirty days to withdraw this bid if they feel the
bidder is not complying and suggested that the Board award the
bid tonight and then discuss the problems with the towing
company. Trustee Hyland moved to take the motion off the table,
second by Trustee Alter and carried 5-0.
Trustee Hayes moved to approve Resolution #01-17-93, second by
Trustee Alter and motion carried 5-0.
Meeting Date: 01-19-93
Resolution #: 01-18-93
Be it Resolved that Board of Trustees calls a Special meeting on
January 26, 1993 at 7:00 PM for the purpose of discussing a
personnel item.
MOVED:Trustee Hylanfl SECONDED s Trustee CicchettiVOTE8
5-0

�Meeting Dates
Resolution #:

01-19-93
01-19-93

Be It Resolved, that the Village Board of the Village of North
Tarrytown shall make an application on behalf of Police Officer
Ronald Biro for an accidental disability retirement pension to
the New York State and Local Police and Fire Retirement System
pursuant -to the provisions of Retirement and Social Security
Law Sections 363 and 363-a, as extended by Section 480 of said
law, and pursuant to the provisions of General Municipal Law
Section 207-c, and it is further
Resolved, that the Village Board of Village of North Tarrytown
shall make an application on behalf of Police Officer Ronald
Biro for a performance of duty disability retirement pension to
the New York State and Local Police and Fire Retirement System
pursuant to the provisions of Retirements and Social Security
Law Section 3 63-c and pursuant to the provisions of General
Municipal Law Section 207-c.
So Resolved by a vote of the Board of Trustees of five in favor
and zero opposed in an executive session of the Board of
Trustees of the Village of North Tarrytown duly conducted on
January 19, 1993.
MOVED; Trustee Cicchetti

SECONDED; Trustee Haves

VOTE:_5z&amp;

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