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A regular meeting of the Board of Trustees of the Village of Sleepy Hollow as held
on Tuesday, October 12,1999 at 8:00 PM in Village Hall, 28 Beekman Avenue,
Present:

Mayor Philip Zegarelli
James J. Hart
Mario DiFelice
Donald Stever
Robert Higle
Trustees

Also Present:
Absent:

Brian Murphy, Village Attorney
Sanjay Shah, Village Treasurer
Trustee Patricia Rodriguez
Trustee Craig Laub

Mayor Zegarelli called the meeting to order with a prayer and pledge to the flag.
Mayor Zegarelli asked th?t we set aside the regular order of business so we can
present a few Certificates of Appreciation; Trustee DiFelice moved, seconded by
Trustee Higle and carried.
Fire Chief Cellante made presentations to several people who gave their help during
the recent fire at 173 Beekman Avenue in June. Among them were the Tarrytown
and Irvington Ambulance Corp., American French Club and the new restaurant on
the corner of Beekman and Hudson Street
Public Hearing
Mayor Zegarelli read the attached public hearing notice regarding cluster rezoning.
Trustee Stever gave a brief synopsis of the reasons for the proposed rezoning.
There were no comments from the public, therefore Trustee DiFelice moved,
seconded by Trustee Hart to close the hearing, motion carried.
Before moving on, Trustee Stever moved, seconded by Trustee Higle to set aside the
agenda and adopt the local laws pertaining to rezoning, motion carried 5-0.
Trustee Stever moved, seconded by Trustee DiFelice that the Board of Trustees
determines that re-zoning of Section 115.12 lot 35 and Section 115.12 lot 36 from R3 zone to R-l zone is not a matter which may have a significant impact on the
environment of the Village of Sleepy Hollow, motion carried 5-0.
The attached local laws were then adopted.
Approval of Minutes
Trustee Higle moved, seconded by Trustee DiFelice to approve the minutes of
September 28,1999 with minor corrections/additions; motion carried 5-0.

1

�Public Comments
Don Caetano asked if this new development will be paying taxes to the Town of Mt.
Pleasant as well as our village. The Mayor responded yes.
Mayor's Report
Mayor Zegarelli reported that the Mayor's Advisory Board will be meeting on
October 21st at 7:30 PM in Columbia Hose room.
Mayor Zegarelli then appointed Michael Povman, Frank Baitmnn and Jose Chevere
to the Mayor's Advisory Board; Trustee Stever moved, seconded by Trustee Hart to
approve these appointments, motion carried 5-0.
The Mayor commented that there is a vacancy on the Waterfront Advisory Board
due to the resignation of Jose Chevere.
The Mayor commented that a scoping session on the Kendal project was held last
Thursday and ten days is allowed for any written comments.
We received correspondence from Edward Burroughs, Assistant: Commissioner,
Westchester County Department of Planning stating that they are currently
reviewing the proposes Scope.
Trustee Stever commented on the scoping session that took place last week and that
the outline drafted shoulp! be made available to the Planning Consultants.
Mayor Zegarelli commented that we are in dire need of secretariial services for
Planning Board, Zoning Board and all public hearing meetings ithat will be held for
upcoming projects.
The Mayor reported that we have collected data on theflooddamage and a meeting
with FEMA was held today.
Don Caetano asked if labor and equipment used that night is included.
Village Treasurer responded yes and gave a brief explanation of what is covered.
Mayor Zegarelli gave an update on the status of 79 College Avenue. He stated that
approximately $100,000.00 in repairs are needed before we can sell and we are
waiting for a determination from HUD to see if we can sell without doing the
repairs.
The Mayor was in receipt of correspondence from the Town of Mt. Pleasant
informing us that they are willing to deed over a portion of Fremont Pond and
certain paper streets in Philipse Manor.
Mayor Zegarelli attended the dedication of the Rock of Salvation Church last
Sunday. On October 24th at 11:15 AM the Mayor and the Board is invited to sit
down with the congregation, police and fire to discuss pertinent issues.
The Mayor commented that our radio system was knocked out recently when
lightning struck the building and we are awaiting the repairs.

�/25
Trustee Reports,
Trustee Hart had no report.
Trustee DiFelice read the attached Public Works report ,Police report and Fire
Chiefs monthly report
Trustee DiFelice reported that the bid opening on the windows took place today and
the board will be reviewing them.
Trustee DiFelice commented that there seems to be a problem with the parking in
front of the old Luberger property on Kendall Avenue with regard to the loading
zone. Discussion ensued. Trustee DiFelice moved, seconded by Trustee Hart to call
for a public hearing on October 26,1999 at 8 PM to hear and consider the adoption
of a local law repealing the provisions of Chapter 57-7A(10) of the code of the
Village of Sleepy Hollow, carried 5-0.
Trustee DiFelice commented on the problem with the Chicken Market on Cortlandt
Street.
Mike DeMatteo spoke on behalf of his father who owns the market stating that he
has garbage pick-up three times a week ant' the Health Department inspects his
premises once a month. He gave copies to the Board to this effect (Part of official
minutes.)
Trustee Stever commented that as a follow-up to the scoping session that was held
last week, at the work session a Traffic Consultant experienced in these projects was
retained.
Trustee Stever commented that we need to upgrade our local law regarding the
regulation of the use of sidewalks as cafes.
Trustee Higle had no report.
Robin Pell reported that the Haunted Hayride will take place on Friday, October
22nd and Saturday October 23rd; tickets are $4.00 if bought ahead of time and S8.00
at the door. Line dancing and swing dancing will take place on Wednesdays at 7:30
PM.
Mayor Zegarelli thanked Joe DeFeo and his crew, Robin Pell and Angie Everett and
all those who worked at the Street Festival.
The Mayor thanked John Edwards and all those who helped in organizing the
classical concert that was held at Sleepy Hollow High School on October 9th.
The Mayor gave the third quarter summary report regarding the GM clean-up.
Resolutions- Attached

. .

3

�Old Business
Trustee DiFelice commented on the need for the shooting range improvements and
that the Ladies' Auxiliary room keeps getting flooded.
The Mayor suggested that they moved into the CD room which was just cleaned
out.
The Mayor commented that the Fire Inspector has requested to attend the Fire
Marshall training program; Trustee DiFelice so moved, seconded by Trustee Hart to
approve this request; motion carried 5-0.
New Business
Trustee DiFelice commented that the board and their spouses are invited to a
brunch at Columbia Hose this Sunday at 11AM.
Trustee Stever commented that the PMIA has requested permission to hold a
Halloween parade on October 31st from 3PM-5PM along Riverside Drive. Trustee
Stever moved, seconded by Trustee DiFelice to approve their request, carried 5-0.
A letter was received from the Department of Health that the GM gravity line is on
the Croton Aqueduct system and this system does not meet health standards.
Communications. Petitions &amp; Requests
Village Clerk read letter from owners of 180 Valley Street informing the village of
their intent to obtain a liquor license for their liquor store.
Mayor Zegarelli has been invited to attend the PMIA annual meeting on October
22nd at 7:30 PM.
Approval of Warrants
Trustee DiFelice moved, seconded by Trustee Stever to approve the warrants of
October 12,1999 with certain omissions and authorize the treasurer to pay the bills,
motion carried 5-0. The total of the General fund is $171,205.27, the total of the
Water &amp; Sewer fund is $43,204.70 and the total of the Capital fund is $32,890.72.
Public Comments
Don Caetano commented that the inserts in the new garbage pails are breaking. He
asked if anything can be done about delinquent water bills; the treasurer responded
that they become a lien against the property and go onto the tax roll including
penalties after one year
John Edwards gave a brief update on the upcoming events that the Celebrations
Committee is working on.
There being no further comments, Trustee Higle moved, seconded by Trustee
DiFelice to adjourn the meeting, carried.
Respectfully submitted,
Angela Everett-Village Clerk

�/S7
RESOLUTIONS FOR OCTOBER It. 1999

83.
Be It resolved that the Board of Trustees hereby authorizes the Village
Justice Court to apply to the Statit of New Yorfe Unified Court System for
participation In the Justice Court Assistance Program.
Moved:Trustee Stever

Seconded:Truotn?

Hart

Vote: 5-Q

84.
Be It resolved that the Board of Trustees hereby appoints Maria Arcate.
residing at 225 Webber Avenue. Sleepy Hollow. New York 10591 to the position of
part time Intermediate Clerk effective Wednesday. October 13.1999 at a salary
of $ 10.00 per hour.
Moved: Trustee DiFeliceSecondediTrustee Higle

V ote:

85.
Be It resolved that the Board of Trustees hereby appoints Paola Rios.
residing at 5 N. Washington Street. Tarrytown. New Yorfe 10591 to the position of
part time Recreation Assistant effective Wednesday, October 13.1999 at a salary
of $9.50 per hour.
Moved:Trustee Higle

Seconded:^us tee Stever

Vote.

4-0-1

Trustee DiFelice abstained.
86.
Be It resolved that the Board of Trustees hereby appoints Rafael
Bencosme, residing at 46 Beekman Avenue, Sleepy Hollow, New York 10591 to
the position of part time Recreation Assistant effective Wednesday. October 13.
1999 at a salary of $9.00 per hour.
Moved: Trustee Higle

Seconded: T r u s t e e

Hart

Vote: 5-0

�/2?

i
87.
Be It resolved that the Board of Trustees does hereby call for a public
hearing on Tuesday, October 86.1999 at 8 PM or soon thereafter to exempt from
village taxes within the control of the said Board of Trustees to the extent of
fifty per cent (50%) of Its assessed value at a sliding scale starting at an Income
level of $18,500.00 and graduating to $86,899.00, properties owned by one or
more persons sixty-five (65) years of age or over who comply with the provisions
of said Section 467 as to occupancy. Income. length of ownership and otherwise.
Moved:Tmcfpp

fii-P.ver

Seconded: T r u s t e e D i F e l i c e

Vote:

„

T r u s t e e Stever moved t o amend t h i s r e s o l u t i o n t o r e a d
with
the p r o v i s i o n s of the NYS RealProperty Law to s e t whatever g u i d e l i n e ^
of the law.
H
T r u s t e e D i F e l i c e so moved, seconded by T r u s t e e Hart and c a r r i e d 5-0.

�Note: The text of this resolution has been pre-approved by DEC attorneys. Please use
this pre-approved resolution. IF YOU CHANGE THE RESOLUTION, YOU MAY BE
REQUIRED TO PASS A SECOND RESOLUTION WITH THE CORRECT TEXT.

RESOLUTION #88
Resolution Authorizing the Filing of an Application for a State Grant-In-Aid for a Municipal
Waste Reduction and/or Recycling Project and Signing of the associated State Contract,
Under the Appropriate Laws of New York State.
WHEREAS, the State of New York provides financial aid for municipal waste reduction and
municipal recycling project!:; and
WHEREAS

V i l l a g e of S l e e p y Hollow
(Legal Name of Applicant)
herein called the MUNICIPALITY, has examined and duly considered the applicable laws of
the State of New York and the MUNICIPALITY deems it to be in the public interest and
benefit to file an application under these laws; and
WHEREAS, it is necessary that a Contract by and between THE PEOPLE OF THE STATE
OF NEW YORK, herein called the STATE, and the MUNICIPALITY be executed for such
STATE Aid;
NOW, THEREFORE, BE IT RESOLVED BY

the Board of T r u s t e e s

(Governing Body of Applicant)
That the filing of an application in the form required by the State of New York in
conformity with the applicable laws of the State of New York including all
understanding and assurances contained in said application is hereby authorized.
That

Mayor
(TITLE of Applicant's designated Authorized Representative)
is directed and authorized as the official representative of the MUNICIPALITY to act
in connection with the application and to provide such additional information as may be
required and to sign the resulting contract if said application is approved by the
STATE;

That the MUNICIPALITY agrees that it will fund its portion of the cost of said
Municipal Waste Reduction and/or Recycling Project.
That the MUNICIPALITY or MUNICIPALITIES set forth their respective
responsibilities by attached joint resolution relative to a joint Municipal Waste
Reduction and/or Recycling Project.
That this resolution shall take effect immediately.
Moved:

Trustee Higle

Seconded:

Trustee Stever

Vote:

5-0

�J?o

I
CERTIFICATE OF RECORDING OFFICER

That the attached Resolution is a true and correct copy of the Resolution, authorizing
the signing of an application for State Aid, authorizing the signing of a State Contract, and
assuring funding of the municipal portion of the cost of the project as regularly adopted at a
legally convened meeting of the
Board o f T r u s t e e s
(Name of Governing Body of the Applicant)
duly held on the

12th

day of

October

I

, 19jjj(

and further that such Resolution has been fully recorded in the
Minute Book
(Title of Record Book)

in my office.

In witness whereof, I have hereunto set my hand this 1 3 t h
of O c t o b e r

f

1999

If the Applicant has an Official Seal,
Impress here.

day

csjJL*.

S^JL^CJ^-

Signature of Recording Officer
Village Clerk

Title of Recording Officer

i

�/?/
RESOLUTION # 89

A LOCAL LAW to change the
zoning district designation in
the Bedford Road/County House
Road area of the Village of
Sleepy Hollow, consistent with
recommendations of the Village
of Sleepy Hollow Planning
Board.
BE IT ENACTED by the Village Board of the Village of
Sleepy Hollow as follows:
Section 1.

The; Code of the Village of Sleepy Hollow is hereby

amended by changing the zoning district classification of all nonpublic properties £?ituated east of the old Croton Aqueduct and
south of Bedford

and County House Roads and composed

of

the

following tax lots, from R-3 One Family Residence/Moderate Density
co R-l One Family Residence/Open Development.
Section 115.12, Block 2, Lot 35
Section 115.12, Block 2, Lot 36
Section 2.

Severability.

The invalidity of any word, section, clause, paragraph, sentence,
part or provision of this local law shall not affect the validity
of any other part of this local law which can be given effect
without such invalid part or parts.
Section 3.

Effective Date.

This local law shall take effect immediately upon its adoption and
filing with the Office of the Secretary of State.

F:\WP\SLEEPY\BEDFORD.LL

�/?&lt;Z
RESOLUTION # 9 0

A LOCAL LAW, to authorize a cluster
development on tax lots consisting of
Section 115.12, block 2, lots 35 and 36 in
the Village of Sleepy Hollow,

Be it enacted by the Board of Trustees of the Village of Sleepy Hollow as follows:

Section 1.
The Village Board hereby authorizes the Planning Board, to approve a cluster
development simultaneously with the approval of a plat or plats pursuant to the
provisions of Article 7 cf the Village Law with respect to the property described in
Section 2 of this Local Law, subject to the provisions of Village Law Section 7-738 and
this Local Law and in accordance with section 7-738 of the Village Law, to modify the
appropriate provisions related to the layout configuration and design of lots, roads, utility
lines and other infrastructure, parks and landscaping. These modifications are subject to
any guidelines or limitations specified by the Village Board. This procedure shall not be
used to modify the requirements of building height, floor area ratio or gross development
coverage, or to permit a building lot having a gross area of less than thirty-thousand
(30,000) square feet.
Section 2.
The property to which this Local Law applies is on the site identified as Section
115.12, Block 2, lots 35 and 36, lying in the R-l residence district of the village.

Section 3,
The maximum number of dwelling units authorized by this Local Law shall in no
case exceed the number which could be permitted, in the Planning Board's judgment, if
the land were subdivided into lots conforming to the minimum lot size and density
requirements of the Zoning Ordinance applicable to the district in which such land is
situated.

�Section 4.
This authorization is subject to the conditions and provisions of Village Law §7738 and to the following additional conditions established by the Board of Trustees:
(A) In the event that the application of this procedure results in a plat showing
lands available for park, recreation, open space or other municipal purposes,
then the Planning Board, as condition offinalplat approval may establish
such conditions as to ownership, use and maintenance of such lands as it
deems necessary to assure the preservation of such lands for their intended
purposes. All such conditions shall be approved by the Village Board prior to
final plat approval by the Planning Board.

(B) Open space land created as the result of the application of this provision to a
subdivision plat, and which is not required or permitted to be accepted for
dedication by the Village of Sleepy Hollow, shall be in a form of common
ownership, which form and content shall be subject to the approval of the
Village Board and which shall meet at least one (1) of the following
conditions:

1. That each owner or owners of every subdivision lot shall be an owner
in common with the other owners of the subdivision of the land
intended to be held as open space.
2. That each subdivided lot shall carry with it a covenant underwriting its
proportionate share of the payment of taxes on the open space land,
which covenant shall bind the owner thereof and every successive
owner thereof.
3. A homeowners' or cooperative association or corporation may be
formed to hold ownership of the open space, provided that each and
every subdivided lot owner shall remain liable for the taxes, operation
and maintenance of the open space land.
4. That such other mechanism or form, as shall be approved by the
Village Board, shall be established which shall satisfy the
requirements of the payment of taxes and the operation and
maintenance of the property so created.

This Local Law shall take effect immediately upon filing in the office of the New
York State Secretary of State

�VILLAGE OF SLEEFY HOLLOW
NOTICE OF PUBLIC HEARING
PLEASE TAKE NOTICE, that a Public Hearing will be held by the Board of Trustees
of the Village of Sleepy Hollow on October 12,1999 at 8:00 p.m. at the Municipal
Building, 28 Beekman Avenue, Sleepy Hollow, New York, regarding the adoption of a
Local Law of the Village of Sleepy Hollow for the year 1999 which would authorize a
Cluster development, simultaneously with the approval of a plat or plats pursuant to the
provisions of Article 7 of the Village law, subject to the provisions of Village Law
section 7-738 and said proposed local law.
The property to which tlus local law will apply consist of all non-public properties
situated east of the Old Croton Aqueduct and south of Bedford and County House roads
and composed of the following tax lots:
Section 115.12, block 2, Lot 35
Section 115.12, block 2, Lot 36
By order of the Board of Trustees of the Village of Sleepy Hollow dated September 28,
1999.

VILLAGE OF SLEEPY HOLLOW
VILLAGE CLERK

�/?5"

I
Public Works Report
October 12,1999
Paving of Howard Street from Pocantico Street to Washington Street by the bank
was delayed last week due to problems at the County Asphalt plant It is scheduled
for paving this Thursday, October 14th and paving of the small section of Gory
Brook Road by Ridge Street will take place on Friday, October 15th.
That completes paving for this year.
The replacement of the sidewalk in front of village hall was completed last Friday.
The 50/50 sidewalk replacement program will resume next week.
Tree work is ongoing.

�Memo

I

To:
From:
Date:
Subject:

Police Committee
Chief Warren
11 OCT 99
Chicken Market

On Sept 24, 1999 I made an inspection of the Chicken Market, Owned and Operated by Mr.
DeMattio, at 154 Cortlandt St., Sleepy Hollow, NY

I had a brief discussion with Mr. DeMattio and he informed me of the following
1.

Refusefromthe facility is collected 3 times per week by a private carting, A-l Compaction,
325 Yonkers Ave, Yonkers, NY 10701, 423-2092 firm (Monday, Wednesday, and Friday,
the store is closed on Sunday and Tuesday)

I

2.

Saturdays garbage is kept inside, a granulated deodorant is utilized to control the odor.

3.

The New York State Department of Agriculture inspects his facility twice a month.

4.

The U.S. Department of Agriculture inspects the facility twice a years and the facility must
be closed on day per year for an overall decontamination and comprehensive cleaning .

5.

This appears to be a personal dispute between the business owner and the neighbor. Which
stemsfromthe neighbor's vehicle being damaged while it was parked, with permission from
Mr.DeMattio, in the rear of chicken market.

6.

The Health Department would have to be alerted and take the appropriate action, if any be
deemed necessary.

�/?7

I
Memo
To:
From:
Date:
Subject:

Police Committee
Chief Warren
11 OCT 99
DARE

Please, be advised that the DARE Program in the 5* Grade [Washington Irving], 3 rd Grade W.F.

i

Morse and 1* Grade [John Paulding] are continuing. This is the 9* year that the DARE Program will
be taught in the school district. Between the Sleepy Hollow and Tarrytown Police Departments there
are seven (7) DARE instructors, four (4) Sleepy Hollow Police Officers and three (3) in the
Tarrytown Police Officers.

Dare will be taught at Washington Irving on Thursdays mornings, the exact dates have been set and
the final scheduling adjustment will be completed by the end of the October. The dates have not yet
been set for W.F. Morse (3 classes) or John Paulding (1 class).

i

�Memo

i

To:
From:
Date:
Subject:

Police Committee
Chief Warren
11 OCT 99
Parking meters

The Deputy Mayor and I visited the White Plains Parking Authority, located at 7-11 Broadway,
White Plains, NY and spoke with the Deputy Director, John Larsen, on Friday, 01 OCT 99.
We discussed the desire of the parking authority to upgrade the existing meters, and inquired
about the types of meters and facilities the White Plains Parking Authority

I

1.

Centraliized issuance of prepaid parking CASH KEY

2.

Multiplie space parldng meters
a.
Indoor v. Outdoor usage
Ratio
of meters to spaces
b.
Maintenance
c.
Posting of adequate signs
d.
Audit reports
e.
Collection
systems
f.
Proper sizing
g
Re-calibration
h.
Battery life
i.
Enforcement
J.

3.

Cost
a.
b.
c.

4.

Meter head
Meter housing
Ability to upgrade

Several1 Trade Associations
The Parking Professional
a.
National Parking Association
b.
International Parking Institute
c.

A great deal of information to digest in one sitting, but we have a place to begin.

�/?9

I
Memo
To:
From:
Date:
Subject:

Police Committee
Chief Warren
04 OCT 99
Valley St, Barber Shop

A new barber shop is opening on Valley St., (formerly the site of Stiloski's Liquor Store and a
Plumbing Supply Warehouse.) The Building Inspector has been on site and inspected the premise,
I have been on site and have communicated the public safety concerns, that may arise based on
the proposed usage which includes three (3) barber stations, three (3) video amusement games
and one (1) coin operated pool table.

•

The proprietor of the establishment has or will be applying for the necessary permits.
The Village Code Chapter 4, §4-2 A License Required; Application; number of devices restricted
and §4-6 Minors, addresses most of the concerns that would arise out of this proposed usage.
However, the village code does not permit video amusement devices in any premises other than a
bar or tavern. Considering the Village's long term goals, it may want to revisit this local law, with
the proper safeguards and limitation.
The owner of the establishment will be approaching the board on this matter. I am certain that
other establishments throughout the village other than the bars and taverns would like to comment
as well.

i

�c^OC?

Public Works Report
October 12,1999

I

Paving of Howard Street from Pocantico Street to Washington Street by the bank
was delayed last week due to problems at the County Asphalt plant. It is scheduled
for paving this Thursday, October 14th and paving of the small section of Gory
Brook Road by Ridge Street will take place on Friday, October 15 th .
That completes paving for this year.
The replacement of the sidewalk in front of village hall was completed last Friday.
The 50/50 sidewalk replacement program will resume next week.
Tree work is ongoing.

i

i

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