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                  <text>Minutes of the Board of Trustees
Village of Sleepy Hollow
A budget work session of the Board of Trustees of the Village of Sleepy Hollow was held
on Tuesday, March 30,2004 at 6:00 P.M. in the boardroom at Village Hall, 28 Beekman
Avenue, Sleepy Hollow, New York.
Present:

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

Also Present: Dwight H. Douglas, Village Administrator
Abe Zambrano, Treasurer
Joel Sachs, Special Counsel
Chief Warren
Chief Spota
Chief Ojito
Joe DeFeo
Angela Everett
Robin Pell
Sean McCarthy
At 8:05 p.m. the Mayor called the board into special session. A plaque expressing the
board's appreciation was presented to outgoing Trustee Don Stever for his six years of
dedicated service to the village. Following this, the attached resolutions were duly acted
on as noted. Mayor Zegarelli noted that the board had received police disciplinary
charges, and that no discussion had been, or would be held on the matter pending a
formal hearing.

At 8:30 p.m., on a motion of Trustee DiFelice, seconded by Trustee Spota, the Board
went into executive session for the purpose of reviewing certain personnel disciplinary
matters. At 8:45 p.m. on a motion of Trustee DiFelice, seconded by Trustee Zieja and
carried unanimously the board came out of executive session.
At 9:05 p.m. on a motion of Trustee Hart, seconded by Trustee Spota and carried
unanimously, the budget word session meeting of the Board of Trustees was adjourned.

Respectfully submitted,

�750

I
Resolution of the Board of Trustees of the Village of Sleepy Hollow
Authorizing Purchase

Whereas, the Mayor and Board of Trustees are considering the purchase of a
prospective utility boat and have reviewed a survey prepared by Foster
Marine Survey Inc., detailing the condition of a 25 foot Pilothouse Utility
Boat, the "Hudson River Recovery 1" presently owned by Hudson River
Recovery inc. and
Whereas, pursuant to recent inspection by members of the Sleepy Hollow
Volunteer Fire Department has revealed the boat to be in good condition and
suitable for the anticipated Fire Rescue needs of the Village, once the boat is
retrofitted with a suitable pump, and
Whereas, potential grant funds to assist in the purchase of the "Hudson River
Recovery I" have been identified to Assemblyman Richard Brodsky's office,

I

Now, Therefore, Be it resolved, that the Board of Trustees herein authorizes
the Mayor to purchase said boat at a total cost of $22,000 and to take other
steps necessary to effectuate the intent of this resolution.

Moved: Trustee DiFelice, Seconded: Trustee Spota Vote: Unanimous
Date: March 30th, 2004 Resolution # 03-46-04

I

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03-23-2004 14:42

Froa-GAINES GRUNER PONZINI NOVICK LLP

Meeting D a t e :
R e s o l u t i o n #:

9142860850

T-491

P.005/00

03/30/04
03/47/04

RESOLUTION ADJOURNING THE VILLAGE OF SLEEPY HOLLOV/ ANNUAL
MEETING
WHEREAS, pursuant to section 3-302 of the Village Law of the State of New York, an
official year begins on the first Monday of the month following the date of the general
village election, and
WHEREAS, Village elections were conducted in the Village of Sleepy Hollow on March
16,200 4 . end
WHEREAS, the Village of Sleepy Hollow traditionally holds its first organization meeting
on the first Monday of April following such election, and

I

WHEREAS, the first week of April, includes holidays of religious significance such as
Passover and Good Friday which preclude the members of the Board of Trustees from
meeting and conducting the regular business of the Village of Sleepy Hollow,
NOW THEREFORE BE IT RESOLVED, that the organizational meeting of the Village of
Sleepy Hollow is adjourned until Tuesday/April 20, 2004. That pursuant to the Village
Law of the State of New York, all appointive officers, board and commissions whose
terms would expire continue to hold over until such meeting and appointments to those
positions are approved. This adjournment is pursuant to the general powers of the
Board of Trustees to reorganize itself pursuant to Section 4-412 of the Village Law of
the State of New York.

Moved: T r u s t e e Spota

I

Seconded: T r u s t e e H a r t

Vote: Unanimous

-A

�758

Meeting Date:
Resolution #:

03/30/04
03/48/04

-

RESOLUTION AUTHORIZING LITIGATION
WITH RESPECT TO VILLAGE OF
TARRYTOWN-ASPHALT PLANT AND
MUNICIPAL FACILITY RELOCATION
WHEREAS, the Village of Tarrytown, by its Board of Trustees and Planning Board,
have taken certain actions to authorize and permit the relocation of the existing County Asphalt
Plant, the relocation of the Village of Tanytown Department of Public Works Facility and the
construction of a new Village of Tarrytown Village Hall; and
WHEREAS, these actions have been taken notwithstanding that they are part of an
interrelated mixed use development proposed within the Village of Tarrytown, commonly known
as Ferry Landings; and
WHEREAS, the actions taken by the Village of Tanytown have not been accompanied
or supported by proper environmental review and study and, in fact, have departed from legal
procedures mandated under the New York State Environmental Quality Review Act; and
WHEREAS, the Village of Sleepy Hollow has determined that the actions proposed,
including, most notably, the relocation of the County Asphalt Plant, are of sufficient concern to
the Village and its residents so as to warrant proper environmental review and decision making;
NOW THEREFORE, BE IT RESOLVED, that the Village Board of Trustees hereby
authorizes the commencement of litigation as against the Village of Tarrytown, its Board of
Trustees and Planning Board and die applicant, to contest certain steps taken to date by the
Village of Tarrytown with respect to the relocation of the County Asphalt Plant, relocation of the

2«76/iJ/ZMIIJ vi

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Village of Tarrytown Department of Public Works facility and construction of a new Village of
Tarrytown Village Hall.

Moved: TrusteeStever; Seconded: TrusteeDiFelice; Vote: 4 - 0 - 1
Trustee Hart Abstained

75Q

�760

Meeting Date: March 30, 2004
Resolution Number: 03/ A 9/04
RESOLUTION ADOPTING
LICENSE AGREEMENT BETWEEN ICHABOD'S LANDING LLC
AND THE VILLAGE OF SLEEPY HOLLOW

WHEREAS, on October 28,2003, the Mayor and Board of Trustees of the Village of
Sleepy Hollow (the Village Board) concluded an environmental review with the adoption of an
Environmental Findings Statement (EIS) for the proposed Ichabod's Landing mixed use
riverfront development; and
WHEREAS, Ichabod's Landing, LLC (the Applicant) did modify the proposed plan so
that now consists of 44 townhouses in four buildings, 2,900 square feet of retail, !31 off-street
parking spaces and related accessory uses, approximately 30 percent of the site proposed to be
dedicated to the Village as open space and proposed improvements to the Village's Horan's
Landing Park (the Proposed Action); and
WHEREAS, the Village Board, acting in its capacity as Lead Agency under the State
Environmental Quality Review Act (SEQRA) of the State of New York, did conclude, after
rigorous review and scrutiny, that the Proposed Action did mitigate to the maximum extent
practicable, those identified environmental impacts; and
WHEREAS, during the course of the environmental review the Lead Agency did
examine the potential environmental impacts related to the Proposed Actions, including those
associated with the improvements to Horan's Landing; and
WHEREAS, on December 2, 2003, the Village Board granted a Special Permit and
Conceptual Site Plan Approval for the proposed Action and in the course of the approval process
the Applicant offered to make specific improvements to Horan's Landing as well as additional
connections to existing and future public parkland ; and
WHEREAS, in partial consideration for public improvements the Village has offered to
allow the applicant to use a portion of Horan's Landing as a temporary staging area in connection
with Horan's Landing improvements as well as construction of improvements on the Ichabod's
Landing site and installation of temporary sales trailer and visitor parking, specific details of
which are contained in the attached I icense Agreement; and
WHEREAS, the Village Board has reviewed the proposed License Agreement and
accompanying short environmental assessment form; and
NOW, THEREFORE, BE IT RESOLVED, that after careful consideration of the attached
License Agreement, and in light of the extensive environmental review that preceded, entrance
into a license agreement by and between the Village of Sleepy Hollow and the Applicant

�761

i
constitutes a Type II Action under Section 617.5(c)(7) and 617.59(c)(15) of SEQRA and will not
have a significant effect on the environment; and, be it further
RESOLVED, that this Resolution does hereby authorize the Mayor to enter into a License
Agreement between the Village of Sleepy hollow and the Applicant based on the terms and
conditions as outlined in the attached License Agreement document.

Moved: T r u s t e e H a r t

Seconded:Trustee S t e v e r

Vote: Unanimous

I

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617.20
Appendix C
State Environmental Quality Review

SHORT ENVIRONMENTAL ASSESSMENT FORM
For UNLISTED ACTIONS Only
Part 1 - PROJECT INFORMATION (To be completed by Applicant or Project sponsor)
1. APPLICANT/SPONSOR: Mayor and Board of Trustees: Village
of Sleepy Hollow

3. PROJECT LOCATION:
Municipality Village of Sleepy Hollow

2. PROJECT NAME: Licence agreement between the Village
of Sleepy Hollow and Ichabod's Landing LLC. regarding
temporary use of Horan's Landing Park for park
improvements and temporary staging.

County: Westchester

4 PRECISE LOCATION: (Street address and road intersections, prominent landmarks, etc., or provide map)
River Street, Village of Sleepy Hollow. New York
5. PROPOSED ACTION IS:
• New
• Expansion

• Modification/alteration

6. DESCRIBE PROJECT BRIEFLY: Licence agreement to allow for Ichabod's Landing LLC to make specific improvements to
Horan's Landing Park and to temporarily use a portion of Horan's Landing during the construction of the proposed Ichabod's
Landing development. The applicant has agreed to make certain improvements to the park that will enhance its function.
7. AMOUNT OF LAND AFFECTEDr.
Initially
±0.2
acres Ultimately

±0.2

acres

8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS?
• Yes

• No

If No, describe briefly

9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT?
• Residential

• Industrial

D Commercial

D Agricultural

• Park/Forest/Open space

D Other

10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING. NOW OR ULTIMATELY FROM ANY OTHER
GOVERNMENTAL
AGENCY (FEDERAL, STATE OR LOCAL)?
• Yes D No If yes, list agency(s) name and permit/approvals Planning Board (site plan and wetlands permit),
11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL?
• Yes D No. Special permit approval, stormwater discharge •
12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION?
D Yes • No
I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE
Applicant/Sponsor name: Village of Sleepy Hollow

Date:

Signature:

If the action is in a Coastal Area, and you are a state agency, complete a
Coastal Assessment Form before proceeding with this assessment

OVER

l

= = = = = =

�763

PART ll-ENVIRONMENTAL ASSESSMENT (To be completed by Agency)
A. DOES ACTION EXCEED ANY TYPE 1 THRESHOLD IN 6 NYCRR. PART 617.4? If yes. coordinate the review process and use
the FULL EAF. DYes
• No
B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617.6? If No.
a negative declaration may be superseded
by another involved agency. O Yes M No
C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be handwritten,
if legible.)
C1. Existing air quality, surface or groundwater quality or quantity, noise levels, existing traffic patterns, solid waste production or
disposal, potential for erosion, drainage or flooding problems? Explain briefly: No
C2. Aesthetic, agricultural, archaeological, historic, or other natural or cultural resources; or community or neighborhood
character? Explain briefly: See attached elevation. No
C3. Vegetation or fauna, fish, shellfish or wildlife species, significant habitats, or threatened or endangered species? Explain
briefly: No
C4. A community's existing plans or goals as officially adopted, or a change in use or intensity of use of land or other natural
resources? Explain briefly:. No
C5. Growth, subsequent development, or related activities likely to be induced by the proposed action? Explain briefly: No
C6. Long term, short term, cumulative, or other effects not identified in C1-C5? Explain briefly: No
C7. Other impacts (including changes in use of either quantity or type of energy)? Explain briefly: No

D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE
ESTABLISHMENT
OF A CRITICAL ENVIRONMENTAL AREA (CEA)?
DYes
• No If Yes. explain briefly:
E. IS THERE, OR IS THERE LIKELY TO BE. CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL
IMPACTS?
D Yes • No If Yes, explain briefly:
Part III - DETERMINATION OF SIGNIFICANCE (To be completed by Agency)
INSTRUCTIONS: For each adverse effect identified above, determine whether it is substantial, large, important or otherwise
significant Each effect should be assessed in connection with its (a) setting (i.e. urban or rural); (b) probability of occurring; ®
duration; (d) irreversibility; (e) geographic scope; and (0 magnitude. If necessary, add attachments or reference supporting
materials. Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have been identified and
adequately addressed, if question D of Part II was checked yes, the determination of significance must evaluate the potential
impact of the proposed action on the environmental characteristics of the CEA.
) Check this box if you have identified one or more potentially large or significant adverse impacts which MAY occur. Then proceed
irectly to the FULL EAF and/or prepare a positive declaration.
• Check this box if you have determined, based on the information and analysis above and any supporting documentation,
that the proposed action WILL NOT result in any significant adverse environmental impacts AND provide on
attachments as necessary, the reasons supporting this determination:
Village of Sleepy Hollow Mayor and Board of Trustees

March 30. 2004

Name of Lead Agency
Philip Zeqarelli
Print or Type Name of Responsible Officer in Lead Agency

Signature of Responsible Officer in Lead Agency

Date

/

J

yTttterfRerflimsibte Officer

Signature of PrepaferTjf different from responsible officer)

�764

COASTAL ASSESSMENT FORM
Instructions (Please print or type all answers)
1.

Applicants, or in the, case of direct actions (village) agencies, shall complete this
CAF for proposed action which is subject to the consistency review law. This
assessment is intended to supplement other information used by a (village) agency in
making a determination of consistency.

2.

Before answering the questions in Section C, the preparer of this form should review
the policies and explanations of policy contained in the Local Waterfront
Revitalization Program (LWRP), a copy of which is on file in the (village) clerk's
office. A proposed action should be evaluated as to its significant beneficial and
adverse effects upon the coastal area.

3.

If any question In Section C on this form is answered "yes", then the proposed action
may affect the achievement of the LWRP policy standards and conditions contained
in the consistency review law. Thus, the action should be analyzed in more detail
and, if necessary, modified prior to making a determination that it is consistent to the
maximum extent practicable with the LWRP policy standards and conditions. If an
action cannot be certified as consistent with the LWRP policy standards and
conditions, it shall not be undertaken.

Description of Site and Proposed Action
1.

Type of (village) agency action (check appropriate response): Village Board
Resolution
a.

Directly undertaken: (e.g., capital construction, planning activity, agency
regulation, land transaction) License Agreement.

b.

Financial

c.

Permit approval, license, certification: License Agreement

d.

Agency undertaking action: Mayor and Board of Trustees

assistance:

(

e.g.,

grant,

loan,

subsidy)

None

2.

Describe nature and extent of action: License Agreement between the Village of
Sleepy Hollow and Ichabod's Landing LLC for4mprovements to Horan's Landing
Park and temporary use related to adjacent site development.

3.

Location

of action: River

Street, Sleepy Hollow, New York,

10591

�4.
5.

Size of site: 1 acre
Present land use: industrial

6.
7.

Present zoning classification:
RF - Riverfront Development District
Describe any unique or unusual land forms on the project site (i.e. bluffs, dunes,
swales, ground depression, other geological formations: None

8.

Percentage of site which contains slopes of 15% or greater.

9.

Streams, lakes, ponds, or wetlands existing within or contiguous to the project area?
a.
b.

10.

Hudson River
Size (in acres) &gt; 100

If an application for the proposed action has been filed with the (city, town, village)
agency, the following information shall be provided:
a.
b.
c.

11.

&lt;10 %

Name of Applicant: Ichabod's Landing LLC
Mailing Address: 245 Saw Mill River Road, Hawthorne, New York 10549
Telephone Number. (914)747-3600

Will the action to be directly undertaken, require funding, or approval by a State
of Federal Agency?
Yes Q No •
If yes, which State or Federal Agency?

Coastal Assessment (Check either "Yes" or. "No" for each of the following questions)
Yes
No
1.
Will the proposed action be located in, or contiguous to,
or have any potentially adverse effect upon any of the
resource areas identified on the coastal area map:
a.
b.
c.
d.

Significant fish or wildlife habitats?
Scenic resources of local or statewide significance?
Important agricultural lands?
Natural protective features in an erosion hazard area?

If the answer to any question above is yes, please explain in
section D any measures which will be undertaken to mitigate
any adverse effects.

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�76

Yes

No

Will the proposed action have a significant effect upon:
a.
b.
c.
d.
e.
f.
g.
h.
i.

Commercial or recreational use of fish and wildlife
resources?
Scenic quality of the coastal environment?.
Development of future, or existing water dependent uses?
Operation ofthe State's major ports?
Land or water uses within a small harbor area?
Stability ofthe shoreline?
Surface or ground water quality?
Existing or potential public recreation opportunities?
Structures, sites or districts of historic, archeological or
cultural significance to the (city, town, village), State of
Nation?

S

S
^
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^
S
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Yes

No

Will the proposed action involve or result in any ofthe following?
a.
b.
c.
d.
e.
f.
g.
h.
L

j.
k.
1.

Physical alteration land along the shoreline, land under
water or coastal water?
Physical alteration of two (2) acres or more of land
located elsewhere in the coastal area?
Expansion of existing public services or infrastructure
in undeveloped or low density areas ofthe coastal area?
Energy- facility not subject to Article VII or VIII ofthe
Public Service Law?
Mining, excavation, filling, or dredging in coastal waters?
Reduction ofexiatlng or potential public access to or
along the shore?
Sale or change in use of publicly-owned lands located on
the shoreline or underwater?
Development within a designated flood or erosion hazard
area?
Development on a beach, dune, barrier island or other
natural natural feature that provides protection against
flooding or erosion?
Construction or reconstruction of erosion protective
structures?
Diminished surface or ground water quality?
Removal of ground cover from the site?

y
S
S
S
/
•/
f
/
S

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�767

Yes

No

Projects:
a.

b.

If project is to be located adjacent to shore:
1.
Will water-related recreation be provided?
2.
Will public access to the foreshore be provided?
3.
Does the project require a waterfront site?
4.
Will it supplant a recreational or maritime use?
5.
Do essential public services and facilities presently
exist, at or near the site?
6.
Is it located in a flood prone area?
7.
Is it located in an area of high erosion?

2.
3.
4.

d.
e.
f.
g.

h.
I.
j.

y

/

If the project site is publically owned:
1.

c.

S

Will the project protect, maintain and/or increase
the level and types of public access to waterrelated recreation resources and facilities?
If located in the foreshore, will access to those and
adjacent lands be provided?
Will it involve the siting and construction of major
energy facilities?
Will it involve the discharge of effluents from major
steam electric generating and industrial facilities
Into coastal facilities?

Is the project site presently used by the community
neighborhood as an open space or recreation area?
Does the present site-offer or include scenic views or
vistas known to be important to the community?
Is the project site presently used for commercial fishing
or fish processing?
Will the surface area of any waterways or wetland areas
be increased or decreased by the proposal?
Does any mature forest (over 100 years old) or other
locally important vegetation exist on this site which will
be removed by the project?
Will the project involve any waste discharges into
coastal waters?
Does the project involve any waste discharges into
coastal waters?
Does the project involve shipment or storage of
petroleum products?
4

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�760

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Yes
k.
1.
m.
n.
o.
p.
q.
r.

Does the project involve shipment or storage of
petroleum products?
Does the project Involve discharge or toxins, hazardous
substances or other pollutants into coastal waters?
Does, the project involve or change existing ice
management practices?
Will the project affect any area designated as a tidal or
freshwater wetland?
Will the project after drainage flow, patterns or surface
water runoff on or from the site?
Will best management practices be utilized to control
storm water runoff into coastal waters?
Will the project utilize or affect the quality or quantity of
sole source or surface water supplies?
Will the project cause emissions which exceed federal or
state air quality standards or generate significant
amounts of nitrates or sulfates?

No

S
S
V ^

REMARKS OR ADDITIONAL INFORMATION: (Add any additional sheet necessary to complete
this form.)

If assistance or further information is needed to complete this form, please contact the village clerk
at:
Village of Sleepy Hollow, 28 Beekman Avenue. Sleepy Hollow, NY 10591
Preparer's Name: David B. Smith
Agency: Saccardi &amp; Schiff, Village Planning Consultant
Date: March 30,2004

I

�769

i

14-12-7 (2/87}-9c

SEQR
617.21

Appendix F
State Environmental Quality Review

NEGATIVE DECLARATION

Project Number

Date

March 30. 2004

This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8
(State Environmental Quality Review Act) of the Environmental Conservation Law.

The Mayor and Board of Trustees of the Village of Sleepy Hollow, as lead agency, has determined
that the proposed action described below will not have a significant effect on the environment and a Draft
Environmental Impact Statement will not be prepared.

I

Name of Action: License Agreement between the Village of Sleepy Hollow and Ichabod's Landing LLC
(Applicant).

SEQR Status:

Type 1
Unlisted
Type II

•
•
•

Conditioned Negative Declaration:

D Yes

• No
Description of Action:
License agreement between the Village of Sleepy Hollow and Ichabod's Landing LLC to allow for
improvements to Horan's Landing Park by the Applicant and temporary use of the park during construction.

I

Location: (Include street address and the name of the municipality/county)
River Street, Sleepy Hollow, New York 10591

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�770

SEQR Negative Declaration

Page 2

i

Reasons Supporting This Determination:
Proposed action is classified as Type II under Sections 617.5(c)(7) and (15) under SEQRA. Erosion control
and Best Management Practices to be used to mitigate any temporary impact resulting from site disturbance.

If Conditioned Negative Declaration, provide on attachment the specific mitigation measures imposed.

I

For Further Information:
Contact Person: Dwight Douglas, Village Administrator .
Address: Village Hall, 28 Beekman Avenue, Sleepy Hollow, New York, 10591

Telephone Number: (914) 366-5100

For Type I Actions and Conditioned Negative Declarations, a Copy of this Notice Sent to:
Commissioner, Department of Environmental Conservation, 50 Wolf Road, Albany, New York 12233-0001.
Appropriate Regional Office of the Department of Environmental Conservation.
Office of the Chief Executive Officer of the political subdivision in which the action will be principally located.
Applicant (if any).
Other involved agencies (if any).

F:\M\M-720 Sleepy HoIiowUchabocfs Landing\Srte Plan\Neg Dec license agree.frm

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          <elementTextContainer>
            <elementText elementTextId="6096">
              <text>Board of Trustees Minutes-2004</text>
            </elementText>
          </elementTextContainer>
        </element>
        <element elementId="40">
          <name>Date</name>
          <description>A point or period of time associated with an event in the lifecycle of the resource</description>
          <elementTextContainer>
            <elementText elementTextId="6097">
              <text>2004</text>
            </elementText>
          </elementTextContainer>
        </element>
        <element elementId="47">
          <name>Rights</name>
          <description>Information about rights held in and over the resource</description>
          <elementTextContainer>
            <elementText elementTextId="6098">
              <text>Village of Sleepy Hollow All Rights Reserved.</text>
            </elementText>
          </elementTextContainer>
        </element>
        <element elementId="51">
          <name>Type</name>
          <description>The nature or genre of the resource</description>
          <elementTextContainer>
            <elementText elementTextId="6099">
              <text>Text</text>
            </elementText>
          </elementTextContainer>
        </element>
      </elementContainer>
    </elementSet>
  </elementSetContainer>
</item>
