https://sleepyhollow.localarchives.org/files/original/aae014db09f9c76e79fba19e6919e1bb.pdf 680b1f479b26f6a164f2d8fa25112f6b PDF Text Text Meeting Date: 09/13/2016 Resolution #: 09/123-B/2016 RESOLUTION OF THE VILLAGE OF SLEEPY HOLLOW BOARD OF TRUSTEES OPPOSITION TO PROPOSED RULE 2016-13701 WHEREAS, The Coast Guard is considering establishing new anchorage grounds in the Hudson River from Yonkers, NY, to Kingston, NY; and WHEREAS, the Coast Guard proposed a rule establishing new anchorage grounds in the Hudson River from Yonkers, NY to Kingston, NY; and WHEREAS, the contemplated Yonkers Extension Anchorage Ground would cover 715 acres for up to 16 vessels with a draft of less than 35 feet for long term usage; and WHEREAS, the Yonkers anchorage is the largest of the proposed sites effecting Yonkers, and the Villages of Hastings, Dobbs Ferry and Sleepy Hollow; and WHEREAS, Scenic Hudson, Riverkeeper, the City of Yonkers and many others have voiced their concern and opposition to the establishing new anchorage grounds; and WHEREAS, Village of Sleepy Hollow Local Waterfront Revitalization Program, adopted by the Village of Sleepy Hollow Board of Trustees on November 19,1996, approved by New York Secretary of State on June 5, 1997, and concurred by the US Office of Ocean and Coastal Resource Management on July 14, 1997, includes the Federal Coastal Zone Management Act (CZMA) requirements; and WHEREAS, one of the requirements of the CZMA mandates that each Federal agency activity within or outside the coastal zone that affects any; and or water use or natural resource of the coastal zone shall be carried out in a manner which is consistent, to the maximum extent as practicable, with the enforceable policies of approved LWRP's Procedures for LWRP consistency review and determination of direct actions and permit/license actions of federal agencies are coordinated by the New York Department of State (DOS); and WHEREAS, all documentation from federal agencies regarding consistency determination of a federal action will be received and forwarded by the DOS and the municipality for review and recommendation regardmg consistency will be received and forwarded by the DOS to the local municipality; and WHEREAS, the only notification that has been made by the Coast Guard is through the publication in the Federal Register allowing a 35 day comment period; and WHEREAS, the Village of Sleepy Hollow, DOS and all other municipalities affected from Yonkers to Kingston have not be not been individually notified; and WHEREAS, views of the Hudson will be disturbed for the City of Yonkers, and the Villages of Hastings, Dobbs Ferry and Sleepy Hollow; and �WHEREAS, the proposed anchorage site abuts the main shipping channel of the river, which will increase congestion and may lead to collisions; and WHEREAS, recreational boaters will be required be required to navigate either in the main channel used by large commercial vessels or bypass the anchorage to the west in shallow waters; and WHEREAS, large anchoring equipment used by commercial vessels disturbs bottom sediments and can damage wildlife habitats, including those of endangered species residing in the river; and WHERAS, the value of property in the Village of Sleepy Hollow, as with other river municipalities, relates directly to the views of the Hudson River; and WHEREAS, the Village of Sleepy HoUow in coniunction with the County of Westchester and residents of Sleepy Hollow have rebuilt an underutilized waterfront park to what is now a vibrant active and beautiful location for jazz festivals, July ^ celebrations, picnics and various active and passive recreational activites: and WHEREAS, the anchoring of unmanned, unlit barges potentially carrying large amounts of fuel is a health, safety and welfare concem with the possibilities of spillage, home land security issues and aesthetic concerns; and WHEREAS, the Village of Sleepy Hollow lacks the marine resources to adequately patrol and protect our waterfront from the additional threats to our health, safety and welfare caused by these new anchorage grounds; and WHEREAS, the foregoing impacts of the new anchorage grounds have not been adequately studied; indeed, not all impacts have been identified; now therefor be it RESOLVED that the Board of Trustees of the Village of Sleepy Hollow notes that proposed rule 2016-13701 was not promulgated in accordance with proper Federal, State and Local regulations and is therefore should be considered null and void; and BE IT FURTHER RESOLVED that the Board of Trustees of the Village of Sleepy Hollow does hereby register its strongest possible opposition to proposed rule USCG 2016-13701 and urge its disapproval; and BE IT FURTHER RESOLVED that the Board of Trustees of the Village of Sleepy Hollow urges residents to voice their concerns on the proposed new anchorage locations identified as USCG-2016-0132 at http://www.regulations.gov. by September 7,2016. BE IT FURTHER RESOLVED that this resolution be distributed to Senator Chuck Schumer, Senator Kristen Gillebrand, Congresswoman Nita Lowey, Congressman Eliot Engel, Governor Cuomo, Secretary of State Rossana Rosado, Senator Andrea Stewart-Cousins, Assemblyman Thomas Abinanti, Senator Murphy. �Motion By: Trustee Leavy Mayor Ken Wray Deputy Mayor Glenn Rosenblum Trustee Sandra Spiro Trustee Rachelle Gebler Trustee Denise Scaglione Trustee John Leavy Trustee Sam Gonzalez Seconded by: Trustee Scaglione Y Y Absent Y Y Y Y I hereby attest that the above Resolution was approved by the Board of Trustees at their September 13,2016 meeting and that I have been authorized to sign this Resolution. Dated: VH , 2016 Villag^dministrator �Hudson River Pilots Association T i ic Hiidsnn River Pilots' Associalion is the g r o u p of scale and federally licensed mariners responsible lor serving the pilotage ncfids of vessels on ihc Hudson River. I'hc rccent issue of the proposed Hudson River anchorages has bcconic quite cojitim-ersial. In reaciinj; through the comnicnis regarding the proposed Hudson River anchorage areas, it is cltar iha( there is a public rnisconcepdot) aljotji the purpose, importance and history of iliesc anchorage areas. 52 September 2016 Find Us On Facebook at Boating On The Hudson �Bfl imincrce on llie Hudson River consists /oth import and export cargocs carriKd by occan-going ships and t\ig &. barge unils. T h i s Torm of transportation, marine transportation, is the mo5l cflicient and environmentally sound method of niowng cargo. T h e vessels vhac transit the Hudson River in the coursc of a year keep countlcss trucks o(F of our roads and countJess ratlcars f r o m passing through tlic Hudson Valley. T h e products e a r n e d by these vessels hcneHt ihc people of the Hudson Valley a n d the enrire northeast region and o u r exports are sliipped around the world. Safely keeping this flow of goods moving through upstate New York is vital to our local a n d national cconomy as shipping is chc lifeblood of our nation. Tlic nature of marine transportation requires vessels lo occasionally anchor for various reasons. D u e to heavy weather, restricted visibility, heavy ice, berth c.ongcsQon, mechanical issues, crew faugue, or tidal constraints vessels need a safe place to await favorable conditions. If. due to weather, there is restricted visibility we do w a u t these vessels transiting the river, jing under our bridges or meeting o t h e r vessels in the narrow channels of (he river. In less than favofable conditions, having a vessel securely anchored in a federally designated anchorage is in everybody's interests, the alternative is to have the vessel adrift which is clearly unacceptable. T h e mariners operating tljcsc vessels arc the first line of environmental defense and are responsible for making decisions that are n t a l in preventing marine incidents that can affect Hudson Valley residents and the environment in a very real way Having safe and ample anchorage arca.s throughout the H u d s o n River allows tJiese mariners to operate in a safe m a n n e r in gixTng t h e m the option lo p u t the vessel to a n c h o r if it is deemed neccssary. T h e r e arc certain stretches of the river diat an: too narrow to allow safe anchoring of commercial vessels. T h e Hudson Highlands and most oi' the river nurlli of Kingston are good examples. There must be anchorage areas available before a vessel commits to transiting these areas in less than favorable conditions. Sotne of the proposed anchoragcs, such ^ m p k i n s Cove, Marlboro, Montrose. .....eton a n d Milton are used in safeliaven type situations where a vessel must unexpectedly stop. Other anchoragcs, such a-s ihose in die vicinity uf Kin^turi, Newbiirgh a n d Yoiikcrs are spread along the Icngtii of the river for vessels lo await tide or for berth availability: Addiiionaily, these anchorages fill the role of safehaven ty]3e of anchorage. T h e ICingston area anchoragcs are the northernmost anchoragcs. T h e s e anchorages allow vessels 10 await berth availability in Albany and await daylight in certain oases, In periods of heav^' ice, die Kingston anchorages serve as staging areas for norihhouiid vessels awaiting for the Coast Guard icebreaker lo begin opeiations from the Rhincclifftown dock or the Kingston Point 011 dock. T h e anchorage at Newburgh is near the oil terminals. Vessels will sometimes anchor in this area awaiting an open berth at one of the Newburgh oil dock.":. T h e areas proposed as designated anchoi-agc areas were identified by experienced mariners and have been in continuous use for generations but were never officially designated as fedeial anchorages. Although it should have been doi\c years ago, it is only reccjidy that it has bccomc necessary to codily " iliese areas as dciignated anchoi-ages. In late 2015, in response to, shoreside complaints about anchored barges, the Coasr G u a r d issued a Marine Safety Information Bulletin reminding mariners that according to the Code of Federal Regulations, vessels are not to anchor outside of designated anchorage areas in the Hudson River except in cases of great emergency. T h e problem is that in the 109 nautical miles from Yonkers to Albany there is only one designated anchorage area, H y d r Park. T h i s anchorage, limited in sire, is commonly used by ocean going ships awaiting a berth, daylight a n d / o r favorable tide. In order to accommodate the volume of tug & b a r g e traffic on the Hudson River and lo provide the coverage needed for safe-haven type anchorages along tlie length of the river, more designated anchoragcs are required. Having the areas that have been customarily used as anchor ages by commcrcial vessels for decades officially designated as federal andiorages and identified as such on the nautical chart is long overdue. c o m m e n t s is that each of thf;st: anchoragcs is going lo be cojitinuously occupied by barges. Most of these anchorages are very rarely used. T h o s e anchoragcs that are more commonly used, such ais those near Kingston arc used by vessels enroute to a berth a n d are only anchored lemporarily. These vessels exist in order to move rargo, not to rf^main in place. Another Loncern Is that these anchorages will attract more vessels to the Hudson River in order to use the anchoragcs. /\gain, these anchoragcs have been in use fnr decades in order to c n h a n c c (he safety of (he navigation on tlie Hudson River, they are not new. Many of (he contnients suggest that these anchorages will somehow contribute to pollution in the Hudson River. T h e opposite is true, die puipose of anchorages has always been for navigational safely and to give mariners llie option of slopping if nccessary Other c o m m e n t c r s arc conccrncd diat vessels a n c h o r r d on the river will detract from their view uf the Hudson River. Tliose living along the river tnust coexist with the users of the river, whether pleasure craft or commercial vessels. The continued use these Hudson River anchorages contributes to the overall health and safety of the fragile Hudson River ecosystem. The promotion of safe c o m m e r c e ami safe waterways benefits all of us. The H u d s o n River POots'Association strongly recommends that these anchorages b e designated as federal anchorages as a matter of navigational and environmental safety. Sincerely. Captain Ian Corcoran President, H u d s o n River Pilots Association Goloihe USCG cmmti pa^tocomcnt (latronuallj on ihipKfiiued aiuhora^cs: wwwiegulah'ons.gov/(iocuinent!0=USCG-2016-0132-0(ll]t or scan ikisyour smart phone: O n e consistent concern in the public September 2016 53 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Board of Trustees Meeting Minutes & Resolutions-2016 Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource MINS_TRUST_2016-09-13_RES-123B Subject The topic of the resource Board of Trustees Minutes-2016 Date A point or period of time associated with an event in the lifecycle of the resource 2016 Rights Information about rights held in and over the resource Village of Sleepy Hollow All Rights Reserved. Type The nature or genre of the resource Text