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Minutes of the Board of Trustees
Village of Sleepy Hollow
A work session of the Board of Trustees of the Village of Sleepy Hollow was held on
Tuesday, August 12th, 2003 at 6:30 P.M. in the boardroom at Village Hall, 28 Beekman
Avenue, Sleepy Hollow, New York.
Present:

I

Mayor Philip E. Zegarelli
Mario DiFelice
Don Stever
JimHart
Richard Spota
Trustees

Also Present: Dwight K. Douglas, Village Administrator .
Abraham Zambrano, Treasurer
David Smith, Planning Consultant
Joel Sachs, Special Counsel
Robert Ponzini, Village Counsel
At 6:30 p.m. Mayor Zegarelli called the meeting to order and requested that Dave Smith
review two major planning items with the board? the draft scoping outline for the
Lighthouse Landing project and the draft FEIS for the Ichabod's Landing project.
At 7:30 p.m. Mayor Zegarelli called the board into special session in order to act on the
attached resolutions. During this special session, at approximately 8p.m.
Congresswoman Nita Lowey attended the board meeting and made a few remarks
regarding local needs for revenue sharing, support for emergency workers through the
new Homeland Security Department and the need for a Senior Citizen drug benefit. At .
approximately 8:30 p.m. Ms. Lowey left the board meeting, which resumed its special
session

I

The resolutions attached herein were duly acted on as noted. Prior to acting on resolution
#08/147/ 03 at 8:35 p.m. on a motion of Trustee DiFelice, seconded by Trustee Spota
and carried unanimously a brief executive session was held to review personnel matters.
On a motion of Trustee DiFelice, Seconded by Trustee Stevef and carried unanimously,
at 8:57 p.m. the Board of Trustees came out of executive session and acted on resolution
#08/ 147/ 03 as so noted.
At 9:00 p.m. On a motion of Trustee DiFelice, seconded by Trustee Spota, and carried
unanimously, the special meeting of the Board of Trustees was adjourned. The board
then entered into executive session to review personnel matters and active litigation. No
action was taken by the board during this session which concluded at 10:00 p.m.

,e Administrator

�O7 r

Meeting Date:
Resolution #:

08/12/03
08/16.6/03

Resolution of the Board of Trustees of the Village of Sleepy Hollow
Authorizing Discounted Recreation Program Fees "for Village Employees
WHEREAS, the Village Board of the Village of Sleepy Hollow in order to provide a
uniform policy for Village employees to utilize Village sponsored recreation activities for
their children, now
.
THEREFORE, BE IT RESOLVED THAT, the Board of Trustees of the Village of Sleepy
Hollow authorizes the Mayor to offer a fifty percent (50%) discount to the children*of all
Village employees for summer camp registration fees, as determined' by the Board of
Trustees. Any and all special activities program and/or trip fees shall be excluded and
remain the full obligation of the employees and shall be paid in full when due.
Moved:"Trustee PiF.eiice

• Seconded: Trustee Spota

; Vote:

5-0

�Meeting Date: 08/12/03
Resolution #: 08/147/03
Be it resolved that the Board of Trustees does hereby approve the Mayor's
appointment of Eric Cardwell, 12 South Street, Ossining, New York to the position
of Motor Equipment Operator effective August 13,2003 at an annual salary of
$45,019.80 for eighteen months which is 90% of the total salary of $50,022.00.
Said appointment is subject to a probationary period of twelve to fifty-two weeks
and the approval of the Westchester County Department of Human Resources.
Moved: TrustecStever Seconded: Trustee DiFelice

Vote:5r0

�»") f l l~«

I
Meeting Date: 08/12/03
Resolutions: 08/148/03
Be it resolved that the Board of Trustees does hereby approve the Mayor's
appointment of Andre Tukes, 138 Depeyster Street, Sleepy Hollow to the position of
part-time laborer in the Public Works Department at a salary of $12.50 per hour
effective August 13,2003. Said appointment is subject to a probationary period of
twelve to fifty-two weeks and the approval of the Westchester County Department
of Human Resources.
Moved:Trustee Spota Seconded:Trustee Hart

Vote:5-0

I

Resolutions: 08/149/03
Be it resolved that the Board of Trustees does hereby approve the Mayor's
appointment of Yomarys Valencia, PO Box 23, Sleepy Hollow, New York to the
part-time position of Intermediate Clerk in the Village Court effective August 18,
2003 at a salary of S10.00 per hour. Salary to be reviewed in three months. Said
appointment is subject to a probationary period of twelve to fifty-two weeks and the
approval of the Westchester County Department of Human Resources.
Moved: Trustee Hart Seconded:Trustee_Stever Vote:5-0

I
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�Meeting Date: August 12,2003
Resolution #08/t£O/03

j

RESOLUTION REGARDING
ACCEPTING A REVISED SCIOPING OUTLINE
LIGHTHOUSE LANDING AT SLEEPY HOLLOW DEIS
i

t
.

•

,

.

i

WHEREAS, the Mayor and Board of Trustees (the Village Board) for the Village of Sleepy Hollow
has received an application for Riverfront Development Concept Plsn Approval and Special Permit
Application from Roscland/Sleepy Hollow, LLC (the Applicant) wherein the Applicant has proposed
a mixed-use waterfront project consisting of ± 1,562 residential units, 185,000 ± square feet of retail
space, 95,000 square feet of office space, a 150-room inn, a proposed train station and associated
parking, and open space (the Proposed Action) on the $6 ± acre site of the former General Motors
North Tarrytown Automotive Assembly Plant (the site);located entirely within the Village of Sleepy
Hollow, New York; and
.
.

i

.

WHEREAS, on February 11,2003, the Village Board did receive a Riverfront Development Concept
Plan and Special Permit Application (the Application) with Part 1 of the required Environmental
Assessment Form (EAF); and
WHEREAS, due to the comprehensive nature and scale;of the proposed action, the Village Board did
direct the Applicant to prepare drafts of Part 2 of the EAF and where appropriate Part 3; and
WHEREAS, the Village Board, Village staff and Village consultants have reviewed the Application
in detail and have provided the Applicant with their comments; and
WHEREAS, the Applicant has revised the relevant sections of the full EAF form consistent with
comments from the Village Board, Village staff and Village consultants and submitted same to the
Village Board; and
WHEREAS, the Village Board has determined that there is a facially complete application in which
to initiate the State Environmental Quality Review Act (SEQRA) procedures; and
WHEREAS, on February 25,2003, the Village Board 4id declare its intent to be the Lead Agency for
the Proposed Action and did cause io be circulated aNqtice of Intent to Act as Lead Agency (Notice
of Intent) to. a comprehensive list of interested and involved agencies and other members of the
public concerned about this matter; and
WHEREAS, the Village has received a draft scoping document from the Applicant and the Village
has circulated said document without offering any substantive comments and reserved its right to
comment on said document during the scoping comment period; and
WHEREAS, on April 7,2003, the Village Board of thfc Village of Sleepy Hollow did declare itself
to be the Lead Agency as mandated by SEQRA for the coordinated review of the Proposed Action
described herein; and,

1

�o '••• o

Howard Smith, Superimendent
Union Free School District of the
Tanytowns
200 North Broadway
Sleepy Hollow, NY 10591

Marc MOran
NYSDEC, Region 3
NYS Department of
Environmental Conservation
21 South Putt Comers Road
New Paltz, NY 12561-1696

Mr. Ned Sullivan
Scenic Hudson
9 Vassar Street
Poughkeepsie, NY 12601

Mr. Richard Gross
Sleepy Hollow Dept. of Water
Village Hall
28 Beekman Avenue
Sleepy Hollow, NY 10591

Mark Weingarten, Esq.
DelBello Donnellan Tartaglia
Weingarten &amp; Wise
One North Lexington Avenue
White Plains.NY 10601

Mr. Alex Matthiessen
Hudson Riverkeeper
25 Wing and Wing (P.O. Box 130)
Garrison, NY 10524-0)30

Environmental Notice Bulletin
(Notice Only) Room 538
625 Broadway
Albany. NY 12233-1750

Robert Dennison, Regional Director
NYS Department of Transportation
4 Burnett Boulevard
Poughkeepsie, NY 12603

Andrew Tung
Divncy Tung Schwalbe, LLP
One North Broadway
White Plains, NY 10601

Joel Sachs, Esq.
Special Counsel
Keane and Beane, P.C.
One North Broadway
White Plains, NY 10601 .

Jonathan D. Stein
Roseland/Sieepy Hollow, LLC
233 Canoe Brook Road
Short Hills, NJ 07078

Joseph Stout, Commissioner
_
'/
Westchester County Department of
Parks, Recreation and Conservation *
25 Moore Avenue ( P.O. Box 130)
Mt. Kisco, NY 10549

Town of Mi. Pleasant, IDA
David Dempsey, Esq.
1 Town Hall Plaza
Mt. Pleasant, NY 10595

Mark Chertok, Esq.
Sive Paget Riesel, P.C.
460 Park Avenue
New York, NY 10022

Hon. Paul Janos, Mayor
and Village Clerk
Viljage of Tanytown, Village Hall
21 Wildey Street
Tarrytown.NY 10591

Robert Siiloski, Director
Department of Fire &amp; Life Safety
Village Hall
28 Beekman Avenue
Sleepy Hollow, NY 10591

Governor George Paiaki
Executive Chamber
State Capital
Albany, NY 12224

Andrew Spano, County Executive
Westchester County
432 Michaelian Office Building
148 Martine Avenue
White Plains, NY 10601

Mr. Waddell Sullman
Historic Hudson Valley
150 White Plains Road
Tanytown, NY 10591

Brace Lozito
Ginsburg Development, LLC
245 Saw Mill River Road
Hawthorne, NY 10532

Hon. Richard Brodsky
5 West Main Street
Elmsford. NY 10523

Cheryl Hints
General Motors Corporation
Mail Code 482-B38-C96
200 GM Renaissance Center
Detroit, MI 48265

Fred Bland, FAIA
Beyer Blinder Belle
41 East 11* Street
New York, NY 10003

Hon. Lois Bronz
432 Michaelian Office Building
148 Martine Avenue
Whit Plains, NY J 0601

Karl Coplan, Co director
Pace Environmental Litigation
Clinic
78 North Broadway
White Plains, NY 10603

Hon. Nick Spano
1 Executive Blvd.
Yonkers, NY 10701

Hon. Nita Lowey
222 Mamaroneck Avenue, Suite 310
White Plains, NY 10605

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,

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Page 4 of 4

�Meeting Date: August 12, 2003
Resolution 08/K1/03
Resolution Accepting Final Environmental Impact Statement
Ichabod's Landing Riverfront Development

WHEREAS, on April 11, 2003, a preliminary Final Environmental Impact Statement (FEIS) was
submitted to the Mayor and Board of Trustees of the Village of Sleepy Hollow acting as the Lead
Agency under the State Environmental Quality Review Act (SEQRA) by Community Planning and
Development Consultants on behalf of Ginsburg Development LLC (the Applicant) for the
construction of a riverfront development project in the Village's RF-Riverfront Development
District; and

WHEREAS, the Lead Agency commenced a review of the preliminary FEIS for adequacy of
responses to comments raised during the public comment period on the Draft EIS; and

WHEREAS, the Lead Agency during its deliberations on completeness did consider review
memoranda from Saccardi &amp; Schiff, Inc., (05/02/03, 05/19/03) and J. Robert Folchetti and
Associates (05/01/03) and after careful deliberation and review of the FEIS document and with the
advice of its consultants and counsel, declared that the Ichabod's Landing preliminary FEIS did not
adequately respond to the comments raised as prescribed by SEQRA; and

WHEREAS, on August 8,2003, the Applicant submitted a redlined revision of the FEIS document
that contains modifications to the project and adequately responds to the comments; and

WHEREAS, the Lead Agency has reviewed the revised FEIS and discussed their concerns relative
to the information presented therein, at their August 12,2003 work session; and
'.

&gt;

NOW, THEREFORE, BE IT RESOLVED, that the based on the revisions to the preliminary FEIS
provided, the Lead Agency, at its August 12, 2003 meeting, docs hereby accept the Ichabod's

�I
Landing FEIS and directs the Applicant to circulate said FEIS to all interested and involved agencies
and members of the public requesting same; and, be it further

RESOLVED, that the Lead Agency does hereby schedule a public hearing on the FEIS to be held
on September 16,2003 at 8:00 PM at Village Hall, 28 Beekman Avenue, Sleepy Hollow, New York;
and, be it further

RESOLVED, that the Lead Agency does hereby establish a public comment period extending no less
than 10 days after the close of the public hearing on the FEIS. All comments on the FEIS should
be in writing and directed to Dwight Douglas, Village Administrator, Village Hall, 28 Beekman
Avenue, Sleepy Hollow, New York, 10591.

MOVED: y v - i ^ W sW»MM,

SECONDEpTtvugfrg,

&lt;

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VOTE: $T- 0

F:\M\M-720 Sleepy Hollowtfchabod's Landing\Resolutions\Accepting FEIS- 8-04-03
Atpji5,IO0J

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Meeting Date: 08/1?03
Resolution #: '"68/152/03

Resolution of the Board of Trustees of the Village of Sleepy Hollow
Arbor Day Proclamation
October 15, 2003
WHEREAS, in 1972, J. Sterling Morton proposed to the Nebraska Board of
Agriculture that a special day be set aside for the planting of trees, and
WHEREAS, this holiday, called Arbor Day, was first observed with the planting of
more than a million trees in Nebraska/and
WHEREAS, Arbor Day is now observed throughout the nation and the world, and
WHEREAS, trees can reduce heating and cooling costs, moderate the
temperature, clean the air, produce oxygen and provide habitat for birds and
other wildlife, and
WHEREAS, trees in our village increase property values, enhance the economic
vitality of business areas, and beautify our community, and WHEREAS, the Village of Sleepy Hollow has been recognized as a Tree City USA
by the National Arbor Day Foundation and desires to continue its tree-planting
ways, NOW, THEREFORE, BE IT RESOLVED that the Board of Trustees hereby
designates October 15, 2003 as Arbor Day in the Village of Sleepy Hollow, and
BE IT FURTHER RESOVLED that all citizens are urged to support efforts to care
for our trees and woodlands and to support our Village's community forestry
program.

MOVed: T n i s t p e Spota

Seconded: Trustee Hart

Vote:

5

~°

�OP"

I
Meeting Date: 08/12/03
Resolution^ 08/153/03

Resolution of the Board of Trustees of the Village of Sleepy Hollow
Authorizing Execution of Tree Purchase and Planting
Plantings along Route 9
Whereas, the Mayor and Trustees of the Village of Sleepy Hollow have authorized
solicitation of proposals from qualified landscape companies to purchase and install
London Plane trees along Route 9, and
Whereas monies exist for this purpose in the Shade Tree fund as well as funds posted by
The Kendal Corporation pursuant of the special permit granted, and
Whereas the firm ADM Landscaping Corp. of Kew Gardens has been deemed to be the
low bidder, proposing to provide the planting of 49 IV* - 3 inch caliper London Plane
trees for a total price of 512,985.00,

I

Now, Therefore, Be It Resolved that, the Village Board herein authorizes the execution of
a contract with ADM Landscape Corp. in an amount not to exceed $12,985.00 and to take
other such steps as are necessary to effectuate the intent of this resolution.

Moved by: Trustee Stever

Seconded by: Trustee DiFelice

Vote: 5-0

I

�*#64

Resolution of the Board of Trustees
Ratifying Appointment
Acting Building Inspector
Meeting Date: August 12, 2003
Resolution #: 08/153/03

Whereas, the Building Inspector of the Village of Sleepy Hollow, James
Margotta, is presently unable to perform his duties due to illness,
Now, Therefore, Be it Resolved that the Board of Trustees does hereby
ratify the Mayor's appointment of Robert Stiioski, Director of Fire and Life
Safety, as acting Building Inspector effective immediately, said appointment
to continue until such time as Mr. Margotta, at his discretion, is able to
return to work in his regular part time capacity.

Moved by Trustee Spota

, seconded by T r u s t e e

Hart

Vote:

5

"°

�*&gt; ?s r\

/"/ft
Meeting Date: 08/12/03
Resolution #: 08/ /Q3

Resolution of the Board of Trustees of the Village of Sleepy Hollow
Authorizing Creation of Tree Memorial Fund

Whereas, residents of the Village of Sleepy Hollow have expressed interest in
contributing to the maintenance and planting of trees within the Village, and
Whereas, there is a need to cultivate, groom, care for, extend and replace the current
diversity of historic trees both from the existing well being of our community and to
extend same to our future generations, and
Whereas, there exists a heightened interest and desire within the Village to memorialize
and commemorate the lives of Village residents, both living and deceased, as well as the
lives of relatives of Village residents, and the planting of dedicated trees would offer an
important opportunity to accomplish this, and
. Whereas, pursuant to cost analysis for the purchase, installation and establishment of a
limited maintenance fund to meet the intent of this resolution which can be accomplished
with a fee so determined by the Mayor and Board of Trustees,
Now, Therefore, Be It Resolved that, the Village Board herein establishes the Village of
- - Sleepy Hollow Memorial Tree Fund with proceeds going to planting and maintenance of
. .-- . trees for beautification and improvement of quality of life within the Village.

Moved by: Trustee S t e v e r

Seconded by: Trustee H a r t

Vote: 5 _ Q

�I
Meeting Date:
Resolution #.-

08/12/03
08/156/03

Resolution of the Board of Trustees of the Village of Sleepy Hollow
Authorizing Execution of Consultant Contract
Appraisal Services of old Duracell Parcel on Andrews Lane
Whereas, the Mayor and Trustees of the Village of Sleepy Hollow have authorized
solicitation of proposals from qualified appraisal firms to appraise the 1.01 acre former
parking lot parcel previously owner by the Duracell Corporation and planned to be
improved and dedicated as parkland, and

I

Whereas^the New York State Parks Office of Parks, Recreation, and Historic
Preservation's Clean Air and Water Act, of which the Village is a recipient, requires two
(2) bona fide appraisals by qualified appraisal firms, and
Whereasythe firms The Appraisal Services Group, Inc of 20 Woods Bridge Road,
Katonah, NY and Rescom Consultants of 28 Heldstone Drive Suite 13C, Hartsdale, N Y
have been deemed to be both the low bidders, proposing to provide said appraisal
• services for 52,500 per firm, and the best qualified firms to undertake said study,
Now, Therefore, Be It Resolved that, the Village Board herein ratifies the Mayor's
approval letter of contracts with both The Appraisal Services Group and Rescom
Consultants in an amount not to exceed $2,500 per firm and to take other such steps as
are necessary to effectuate the intent of this resolution.

Moved by: Trustee Spota

I

Seconded by: Trustee

Hart

Vote: 5 ~0

�O'-

Meeting Date:
Resolution #:

08/12/03
08/187/03

• .

'

Resolution of the Board of Trustees of the Village of Sleepy Hollow to Contract
The Leahy Company Inc. to Perform a Worker's Compensation Insurance
Premium Audit
Whereas, as part of the ongoing cost savings efforts and in an attempt to improve,
and modify the Village's Worker's Compensation Insurance Premiums and possible
excess premium recovery, die Treasurer's office has received a proposal from The Leahy
Company, Inc. of 53 South Moger Avenue, Mount Kisco, New York 10549 to perform an
audit of the Village's Worker's Compensation premiums and experience fating'-/"""--" ' '
modifications for'the policy years ended July 1, 2000 through and including policy year
ended July 1,2003, and
- Whereas, The Leahy Company' fees will be 50% of the actual refunded premiums
or credits that are received by the Village as a result of the audit. If there is no recovery,
there is no fee. Now,
Therefore, be it resolved that, the Board of Trustees of the Village of Sleepy
Hollow.authorizes the Mayor to execute the letter of agreement with The Leahy
Company, Inc. to audit the Village's Worker's Compensation Insurance Policy for the
years ended July 1,2000 through July 1, 2003.

Moved by: Trustee Hart

Seconded b y : T r u s t e e

Stev

ery0te:

.5-0

�r

&lt;-oo

I
Meeting Date: 08/12/03
Resolution #: 08/15a/03

'

Resolution of the Board of Trustees of the Village of Sleepy Hollow authorizing a
telephone and utility audit
x Whereas, as the Treasurer's office has received proposals from three companies
to perform" an audit of Village's utility and telephone bills in order to identify over
billings in connection with the Village's telephone, electric and gas bills, and -"

I

Whereas, American Telephone &amp; Utility Consultants of 250 west 57^ Street, New
York, NY 10107 will perform such audit on a contingency basis for 50% of the actual' .
refunded and received by the Village as a result of the audit. If there is no recovery,
there is no fee. Now,
'
Therefore, be it resolved that, the Board of Trustees of the Village of Sleepy Hollow'authorizes the Mayor to execute a letter of agreement with American Telephone
&amp; Utility Consultants, Inc. to audit the Village's utility bills.
Trustee
. Moved by: Stefrer-

Trustee
Seconded by: DiFeiirp

Vote:

5

~°

I
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Meeting Date: 08/12/03
Resolution #: 08/159/03
Resolution Declaring an Emergency on Route 9
Road Subsidence at Intersection with Route 448
Whereas/ the Route 9 road repair as conducted by the New York State Department of
Transportation was inspected by Hahn Engineering, a professional engineer retained by the
Village of Sleepy Hollow; and
Whereas, Hahn Engineering has determined that the patch of pavement placed by NYSDOT
does not appear to address the wider reaching aspect of settlement that is dearly visible;
and
Whereas, Hahn Engineering believes immediate further investigation is required bo insure
that portions of Broadway are stable and not subject to collapse or any unsafe condition;
and

I

Whereas, the Village of Sleepy Hollow is concerned for the safety and welfare of its
residents and those who utilize that roadway; and
Whereas, Village of Sleepy Hollow reasonably believes that this condition represents an
immediate and serious public safety hazard warranting the use of its emergency powers.
Now therefore be it resolved that the Village of Sleepy Hollow declares that an emergency
condition does exist at this location and does further authorize the use of all measures
reasonably required to abate this hazard consistent with its emergency powers, including
but not limited to the completion of all repairs, waiving, rf necessary, any mandated
competitive bidding requirements.
Moved: Trustee DiFelice

Seconded: Trustee Soota

Vote: Unanimous

I

4feJ^l^J??~&amp;~e£*~&amp;L&amp;'&amp;&amp;f-Ci2£,-4* T*:^.5&amp;^iV-^-£yfe^"s#lrfS»i^ - r f - ^ - , ' . - . - - * i - » 4 - . --ifci

�Meeting Date: August 12,2003
Resolution #: 08/160/03
Be it Resolved that the Board of Trustees, pursuant to the employment terms as detailed
in the letter of November 15,2002 appointing Abraham Zambrano as Treasurer and
Deputy Administrator, does hereby approve the following salary adjustment effective
July 1,2003:
Village Treasurer: from $88,000

to: $91,500

All other terms of employment as detailed in the November 15th, 2002 letter to remain in
force and effect.
Moved by: Trustee Hart, seconded by: Trustee Spota, Vote: Unanimous

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