Kentucky Derby at Bartow-Pell Mansion and History Lesson

Leg Maisano & Pelham Mayor Cassidy

Leg Maisano & Assemblywoman Paulin

The people of Pelham have a wonderful tradition of hosting parties to watch the Kentucky Derby. I joined a bunch of my Pelham constituents, including Assemblywoman Amy Paulin and Pelham Mayor Tim Cassidy, to watch this classic American sporting event at the Bartow-Pell Mansion, which is located in the Bronx near the Pelham border. It was a terrific event, although the horse I was rooting for – Verrazano – did not run so well on that muddy track. (Also, I decided on Saturday that I was adding attending the Kentucky Derby to my bucket list).

Here is a link to learn more about the historic Bartow-Pell Mansion:  

http://www.bartowpellmansionmuseum.org/

You should visit this impressive landmark soon.  For your history lesson, the Bartow-Pell website reports that, ”The story of the Bartow-Pell estate begins in 1654 when Thomas Pell, an English doctor from Connecticut, bought the land from the Siwanoy Indians as part of a nearly 9,000-acre tract. The estate was reduced to 220 acres by the end of the Revolutionary War. It was bought in 1836 by Robert Bartow who built the present Grecian style stone mansion with Greek Revival interiors. He moved into the house with his wife and children in 1842. The Bartow-Pell Mansion opened as a museum in 1946.”

You may also recognize the Pell name from a famous Revolutionary War battle – the Battle of Pell’s Point, which actually was fought in modern-day Pelham Bay Park in the Bronx. Wikipedia tell us the following about this battle:

The Battle of Pell’s Point (October 18, 1776), also known as the Battle of Pelham, was a skirmish fought between British and American troops during the New York and New Jersey campaign of the American Revolutionary War. 

On October 12, British forces landed at Throgs Neck in order to execute a flanking maneuver that would trap Gen. George Washington, commander-in-chief of the American revolutionary forces, and the main body of the Continental Army on the island of Manhattan. The landing was thwarted by the Americans, and British commander Gen. Sir William Howe, commander-in-chief of British forces in North America, looked for another location along Long Island Sound to disembark his troops. On October 18, he landed 4,000 men at Pelham, 3 miles (4.8 km) north of Throgs Neck. Inland were 750 men of a brigade under the command of Col. John Glover. Glover positioned his troops behind a series of stone walls, and attacked the British advance units. As the British overran each position, the American troops fell back and reorganized behind the next wall. After several such attacks, the British broke off and the Americans retreated.  The battle delayed British movements long enough for Washington to move the main army to White Plains, avoiding being surrounded on Manhattan. 

At the Kentucky Derby party, I became a member of the Bartow-Pell Conservancy, which operates and supports the mansion. Here is the link if you would like to join as well:

http://www.bartowpellmansionmuseum.org/support/member.php

County Legislator
Jim Maisano
CtyLegJimMaisano@gmail.com
914-636-1621

County Legislator Gelfarb’s Excellent Op-Ed to The Journal News

I want to share the thoughtful and well-written Op-Ed below from my colleague on the Board of Legislators – David Gelfarb.  David represents Rye Brook, Port Chester & Harrison and is a practicing attorney.  I also voted YES to support the lawsuit to oppose HUD’s arbitrary and capricious actions against our county.  I take my oath to protect the people of Westchester County very seriously, and HUD is taking positions at odds with the facts and law when interpreting the settlement agreement and is trying to deny Westchester any degree of fairness and due process.  I support the positions David presents in his Op-Ed.

County Legislator
Jim Maisano
CtyLegJimMaisano@gmail.com
914-636-1621

Dear Editor,

I write with respect to my vote at a special meeting of the County Legislature on Monday, April 23 which authorized the County Attorney to commence a lawsuit against the United States Department of Housing and Urban Development on behalf of the County. The vote was necessary because HUD has threatened that it will revoke $7.4 million in grants and monies for Westchester communities, including in particular Port Chester, as a result of the County’s alleged failure to comply with certain provisions in the 2009 housing settlement between HUD and the County. In brief, HUD has threatened to take away this money on April 25th. I am particularly distressed that HUD is threatening to withhold this money from Port Chester when Port Chester, along with every other municipality in Westchester, is not even a party to the settlement. The bill passed in the Legislature by a vote of 12-4.

Currently, there are three main issues with the settlement. First, and most important to me, is the actual construction of affordable housing. The County is ahead of schedule on building units. I note that Rye Brook is committed to allowing the construction of affordable housing at 525 Ellendale Avenue and 80 Bowman Avenue. Second is the issue of Source of Income legislation, which has to do with forcing landlords to allow tenants to use Section 8 vouchers and Social Security (and other benefits) to pay rent. That issue continues to bounce back and forth between the executive and legislative branches of County government. Finally, there is the issue of discriminatory zoning. In essence, HUD wants the County to list all of the discriminatory zoning regulations throughout Westchester that are preventing low income and minority persons from moving to those municipalities that are covered by the HUD settlement. Curiously, nobody at HUD has explained which villages have such discriminatory zoning, or what zoning regulations are discriminatory. Rather, the County is simply supposed to state that certain villages and towns have discriminatory zoning, and then, even more incredibly, is supposed to draw up plans to sue these municipalities at taxpayer expense to overturn local zoning. Meanwhile, the federal Monitor has been writing to villages throughout Westchester, requesting information about their zoning codes (in the case of Rye Brook, the information is available on-line) with the clear insinuation, as Newsday recently reported, that the zoning codes are segregationist. The attorney for the Village of Rye Brook recently sent a detailed analysis to the County explaining how the Monitor’s letter to the Village contained “egregious inaccuracies” and “gross misstatements and inaccuracies” and setting forth the Village’s commitment to allowing the building of affordable housing.

Given this complete mess, and the fact that Port Chester has nothing to do with any of it, I have voted to grant the County Attorney the authority to sue HUD to protect the funds that have been appropriated for Port Chester. For example, the Port Chester Housing Authority has been awarded over $290,000 for emergency generators, and the Village has been awarded $260,000 for sidewalk improvements and $150,000 for the elimination of sewer pollution. Open Door Medical Center, which performs valuable services, has been awarded monies for acquisition of medical equipment. The Don Bosco Community Center is scheduled to receive $300,000 for building improvements. These improvements to the Village, which will enhance its infrastructure and the quality of life of its residents, should not be held hostage to an arcane and bitter dispute over whether certain Westchester municipalities have exclusionary zoning. Moreover, we all as taxpayers pay for these grants. The money does not fall out of the sky. If such zoning exists, it can and should be dealt with in a manner that does not harm villages, such as Port Chester, that have nothing to do with this dispute. 

David B. Gelfarb, County Legislator, 6th District

(Port Chester, Harrison, Rye Brook)

 

Leg. Maisano Hitting Events: April 24-26, 2013

Hitting Events: April 24-26, 2013, a set on Flickr.

It was a busy week – here are my photos from some of the events I attended such as New Rochelle Chamber of Commerce Administrative Professionals’ Day, Westchester GOP Chairman’s Dinner, and taping of my cable TV show, the “Good Government Forum.”

County Legislator
Jim Maisano
CtyLegJimMaisano@gmail.com
914-636-1621

County Legislator Jim Maisano Speaks at Rally in Support of Immigration Reform

Leg. Maisano with Immigration Rally Organizer John Santos

By Jim Maisano

During my 16 years as County Legislator, I have concentrated on issues facing the County of Westchester and avoided interjecting myself into issues at the federal level.

However, I was asked to speak at a rally today in White Plains in support of immigration reform and accepted because this important issue cannot be avoided any longer and is a vital concern to the large immigrant population in my district. I just returned from the rally and am proud to have provided bipartisan support in advocating that Congress must pass legislation to create a legal procedure for the 11 million undocumented immigrants living in this country to become American citizens.

I was impressed when President Bush took the lead in supporting national immigration reform about a decade ago, but was disappointed when Congress failed to support him and turned its back on 11 million immigrants waiting for action.

As a Republican elected official, I will continue to speak out for immigration reform and demand that the GOP be a big tent and diverse, and a party that reaches out to every American from every ethnicity. We Republicans like to say we are the “Party of Lincoln,” but we must do a better job of demonstrating this, and an excellent step would be to help the 11 million undocumented immigrants who want to live the American Dream.

I support the bipartisan effort in the U.S. Senate led by New York Sen. Schumer and Florida Sen. Rubio to craft immigration reform that can be supported by both parties and the majority of Americans. Eight Senators have set forth a common sense framework for a bipartisan approach to immigration reform:

• Create a tough but fair path to citizenship for unauthorized immigrants currently living in the United States that is contingent upon securing our borders and tracking whether legal immigrants have left the country when required;

• Reform our legal immigration system to better recognize the importance of characteristics that will help build the American economy and strengthen American families;

• Create an effective employment verification system that will prevent identity theft and end the hiring of future unauthorized workers; and,

• Establish an improved process for admitting future workers to serve our nation’s workforce needs, while simultaneously protecting all workers.

Here is a link to the Bipartisan Framework for Comprehensive Immigration Reform that was released in January 2013: Bipartisan-Framework-For-Immigration-Reform

It is impressive to see this bipartisan group of Senators putting thoughtful governing over partisan stalemate. We all certainly want more compromise in D.C. Let’s all support immigration reform and demand that leaders in both political parties join together to pass a comprehensive law in 2013.

Jim Maisano
County Legislator
(914) 636-1621
CtyLegJimMaisano@gmail.com

Westchester County Planning Board Raises Major Concerns About Echo Bay Development

Echo Bay in New Rochelle

By Jim Maisano

On Tuesday, April 2, 2013, the Westchester County Planning Board unanimously approved its report reviewing the proposed Echo Bay development in New Rochelle (the draft of approved report is below). This matter was referred to the Planning Board pursuant to state and county law and is deemed an advisory opinion, and the report raises serious questions about the development.

I am not supportive of this latest scaled-down proposal for Echo Bay and cannot possibly imagine how anyone at City Hall could believe that this development could bring any genuine value to the residents of our city. I did meet with city leaders when the original proposal was made by the developer and stated that I would remain open-minded during the review – however – this scaled down version pales in comparison to the original. I will be publishing my own comments soon about this proposal, which is located exclusively within my county legislative district and near my home. This well written county report presents a detailed review of the proposal, and it should be read by every New Rochelle resident prior to our City Council taking further action on the proposed development. This development was dormant for years, but it does appear the city is now fast-tracking its approval before a full review can be conducted by our entire community.

Here is the County Planning Board’s Report:

Referral Review Pursuant to Section 239 L, M and N of the General Municipal Law and Section 277.61 of the County Administrative Code

Robert P. Astorino County Executive

County Planning Board

**DRAFT FOR COUNTY PLANNING BOARD REVIEW AND COMMENT**

Referral File No. NRO 13-003 – Echo Bay Center Redevelopment

Zoning Text Amendment, Urban Renewal Plan Amendment, Special Permit, Site Plan and Subdivision Approvals

Draft Environmental Impact Statement

Date:              April 2, 2013

Contact:         Suzanne Reider, Senior Project Manager

New Rochelle Department of Development City Hall, 515 North Avenue New Rochelle, NY 10801

Materials received:

• Draft environmental impact statement (EIS), pursuant to SEQR, dated accepted January 29, 2013
• Site plan, dated January 29, 2013

Our understanding of the application, based on these materials, is as follows:

PROPOSAL DESCRIPTION

The project site consists of two City-owned tax parcels totaling 9.4 acres, located near the intersection of Main Street and Huguenot street (both one-way roads comprising US Route 1). The larger parcel is 6.5 acres and currently contains the City Yard associated with the Department of Public Works. The smaller parcel is 2.9 acres and contains a vacant armory which was acquired by the City in 1998. Both parcels have frontage along Main Street. The rear of each parcel is the shoreline along Echo Bay. The County-owned New Rochelle Wastewater Treatment Plant (NRWWTP) is located immediately across one of the bay’s inlets from the development site.

The redevelopment of the properties surrounding Echo Bay has been a City initiative since the Main/Echo Urban Renewal Plan was written in 1983. While, at that time, the zoning for this area was industrial, the City reexamined the area in 2002 for residential uses, which culminated in a Feasibility Analysis that concluded that low-rise, high-end residences should be constructed along with niche retail and office space. In 2008, a plan was presented for redevelopment of 26 acres (10 acres of which were in private ownership) including 710 units of housing, 150,000 square feet of retail, 300 hotel rooms, open space and 1,950 parking spaces.

As a result of market conditions, the current proposal is scaled back dramatically. The current project site of 9.4 acres contains only City-owned sites. While the initial proposal included several buildings, the current proposal is for only two buildings. For the City Yard site, a mixed use building is propose

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containing 285 apartments (71 studio, 137 one-bedroom, 77 two-bedroom with 10% affordable) and 25,000 square feet of retail space located along Main Street. Parking for the residential and retail uses would be in a garage built into the slope of the site, screened by the retail and residential amenity space. Above the parking will be an internal courtyard that begins at the first level of residential space. The adjacent Armory site would be developed by a separate organization, with the goal of preserving and repurposing the Armory building. (The armory had been proposed to be demolished under the 2008 plan.) While the draft EIS references a “letter of agreement” between the City and a developer named “Good Profit” to repurpose the building as a farmers market with restaurant space, it is our understanding from recent news articles that this agreement has expired, leaving the exact plans for the Armory uncertain.

Regardless of the exact plans for the Armory, the overall site plan shows open space at the rear of each parcel, providing public open space along Echo Bay. This would feature a public waterfront esplanade along the shore and a small non-motorized boat launch. Parking for this open space would be provided with 45 spaces at grade on the Armory parcel, behind the building. A pedestrian bridge is proposed to connect the esplanade to the NRWWTP parcel, but an exact route for continued pedestrian access is not discussed in the draft EIS.

APPLICATION REVIEW SUMMARY

General comments

• We are concerned about the need for this project. While there are a number of project aspects that we are supportive of, this must be balanced against other factors, to determine if this project is a good investment.
• Given the uncertainty of other development projects in the surrounding area, the timing may not be right to start developing this vision of Echo Bay

Consistency with County Planning Board policies

• While the project appears to be consistent with local planning policies and documents, the fact that zoning amendments are being requested may indicate the size of the project may not be as consistent with the City’s original vision
• While there are aspects of the project that have consistency with Westchester 2025, the location of a residential development adjacent to a vital wastewater treatment plant is not consistent with County policies

Impacts to County facilities and services.

• We do not advocate putting any residential use adjacent to a County wastewater treatment plant
• We are not in favor of any proposed waterfront esplanade around the perimeter of the wastewater treatment plant. A discussion must be undertaken with WCDEF concerning the proposed pedestrian bridge between the development and the plant.
• Because work is shown on County sewer infrastructure within the site, this must be coordinated with WCDEF

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• The draft EIS correctly notes that increased sewage flows from the site into the County sewer system should be offset through inflow and infiltration (I&I) mitigation.
• The applicant must contact the County Department of Public Works and Transportation regarding Bee-Line bus service to the site.
• Sufficient space should be set aside on the site to accommodate the storage of recyclables under the recently expanded County recycling law.

Additional comments

• Because the site is located within a flood zone, there is a major concern that the new development will be impacted by future storms and storm surges.
• The lack of clarity involving soil contaminates on the site raises a concern that the site can successfully be remediated for residential use.
• We commend the applicant for pursuing a LEED Silver certification for this project.

COMMENTS AND RECOMMENDATIONS

1. Project need. The benefits of the proposed redevelopment, as stated in the draft EIS, include:

• Take the critical first step in redevelopment of the Echo Bay area;
• Clean up contaminated land on City’s waterfront;
• Activate a central piece of New Rochelle with open access to the Long Island Sound;
• Restore approximately 10 acres of underutilized waterfront land to a productive and attractive use for long term benefit of City residents;
• Enhance the long-term sustainability of the Bay through stormwater improvements,
• Water-enhanced uses and ecological restoration;
• Open view corridors to the bay from Main Street;
• Make available waterfront land for public use and activity;
• Increase retail activity on East Main Street; and
• Enable options for future use by others of the Armory.

While the above are laudable goals, they should be balanced with potential public costs and area impacts. We note that the Echo Bay redevelopment represents a significant expense to the public. The draft EIS mentions $25 million in City-backed general obligation bonds that will be sold to finance the relocation of the City Yard. The payment of taxes would be replaced with a payment-in-lieu-of-taxes (PILOT) set up by the New Rochelle IDA. Potential impacts are discussed by subject below.

The draft EIS appears to describe the Echo Bay redevelopment as a part of downtown New Rochelle, in terms of project purpose and need. We disagree with this assessment, noted on page III-5: “The Project provides downtown New Rochelle with a ‘toe in the water’ via a mixed-use building and public open space amenities with its front door on Main Street and its backyard in Echo Bay.” However, the site is separated from the downtown core of New Rochelle by several car dealerships, strip fast food restaurants and a windowless mall. It is a lengthy walk across this area to the transit

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center. Given this distance and separation, the Echo Bay project is not a downtown project. In light of this, perhaps the open space goals of the project already exist at the nearby Five Islands Park.

2.     Uncertainty of other developments impacting the proposed plan. It is our longstanding belief that that the most successful developments are the ones that are planned for comprehensively. While the Echo Bay project represents a City-owned site with redevelopment potential, it is not presented within the context of planning for other development projects that are related to Echo Bay. Two uncertainties are at the forefront of this concern:

RELOCATION OF CITY YARD While the draft EIS indentifies a site on Beechwood Avenue where the City Yard would be relocated to, the draft EIS does not specify a timeline for the move, the acreage of the proposed site and a cost. While the draft EIS notes the November 2012 approval for $25 million of City general obligation bonds, as well as a $2.5 million contribution from the applicant, to be applied to a new yard, the full cost is not disclosed and it appears to be uncertain when this could happen.

ARMORY PARCEL Because the draft EIS was unable to articulate an exact proposal for the Armory, the draft EIS contained numerous alternative proposals of how the mixed-use building could relate to the Armory, regardless of what is developed. As a result, the draft EIS ultimately describes the proposed mixed-use building as a stand-alone project. This may not be the best strategy to create a comprehensive vision for Echo Bay, particularly since the draft EIS notes that any Armory proposal could also include the Nelstad and Mancuso parcels, located immediately behind the Armory parcel. The recent withdrawal of the Good Profit plans for the Armory adds more uncertainty to the City’s overall vision for Echo Bay.

3.     Consistency with local plans and zoning. The proposed mixed-use building and associated open space appear to be consistent with planning documents that the City has produced over the years, including the City’s Comprehensive Plan, the Local Waterfront Revitalization Program and the City Harbor Management Plan. In addition the Main/Echo Urban Renewal Plan calls for high-density residential development on the site. According to the draft EIS, the Urban Renewal Plan is the only local document that requires amending to permit the project, since the project calls for mixed use featuring retail; the Urban Renewal Plan does not call for retail and restaurant uses on the site. We support the proposed amendment as we believe the site would benefit from a mix of uses.

We note that the City zoning code does not currently permit the density proposed in the project. The applicant is seeking a number of zoning text amendments to increase the density and size of the proposed building. In particular, the applicant is seeking to increase the maximum allowable building height to 65 feet within 300 feet of Main Street (currently 50). Allowable building height beyond 300 feet of Main Street would be increased to four stories (currently three) with a maximum height of 55 feet (currently 30). Floor-area-ratio (FAR) is proposed to be increased to 1.25 (currently 0.75) and the minimum lot area per dwelling requirement would be deleted. The resulting changes would allow a structure that is taller, more massive and denser than would be permitted in the PWD-5 – Planned Waterfront (5 story) District.

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We encourage the City to consider the scale of proposed zoning changes in the context of surrounding development and potential future development. As now presented, the large and tall Echo Bay building will be developed in relative isolation, since none of the other surrounding parcels appear to have viable projects at this time.

4.   Consistency with County Planning Board policies. The draft EIS correctly points out that the proposed development is consistent with a number of the policies of Westchester 2025, particularly with respect to providing affordable housing and increasing access to open space. The proposed building design, which will contribute to the pedestrian streetscape on Main Street, with parking screened from view inside the building, is also consistent with Westchester 2025.

The policies of Westchester 2025 also call for the support of vital facilities. In this case, the County owned New Rochelle Wastewater Treatment Plan (NRWWTP) is immediately adjacent to the project site and is undergoing a capital improvement to expand the facility. While the draft EIS states that “the project would not be incompatible with the facility,” we caution that residential uses may not be a complimentary use to the plant.

5.   Bridge to wastewater treatment plant. The draft EIS describes a proposed pedestrian bridge, across one of the bay’s inlets, to connect the waterfront esplanade on the project site to the NRWWTP. Such a connection would facilitate a stated goal for the project of providing “a physical connection of the project site with Five Islands Park through the WWTP parcel.”

The County Department of Environmental Facilities has stated that a waterfront esplanade around the water-side perimeter of the plant, as had been shown in the prior 2008 plan, is not feasible based on plant operations. Locating a pathway parallel to the north boundary of the plant parcel so as to connect the bridge and Le Fevres Lane is theoretically possible, however a discussion must be undertaken with DEF concerning such a connection.

6.   Proposed work on County sewer infrastructure. The draft EIS notes that the site contains easements accommodating both City and County sanitary sewer infrastructure. In particular, the draft EIS notes that the applicant is proposing the reconstruction of a County concrete interception chamber as a part of the construction. DEF must be contacted regarding this proposed work.

7.   County sewer impacts. The draft EIS notes that sewer demands created by the new development are between 45,000 and 50,000 gallons per day. This increase will add to the volume of sewage flow requiring treatment at the NRWWTP. As a matter of County Department of Environmental Facilities’ policy, the applicant must provide reductions in inflow/infiltration (I&I) at a ratio of three for one. The draft EIS correctly notes this policy.

8.   Bee-line bus service. Bee-Line bus stop #2387 is located along the site’s frontage with Main Street, at the intersection with Stephenson Boulevard. This bus stop, which is currently a basic stop with only a bus stop sign, provides access to Bee-Line Route 60. The plans should be revised to show the

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location of this stop. We recommend that the applicant contact the County Department of Public Works and Transportation (WCDPW&T) regarding Bee-Line bus service to the site. Given that the proposed use of the site is changing from a City Yard to a mixed-use development, changes to the bus stop may be warranted or desired. In addition, changes in traffic management, though the addition of proposed traffic signals on Main Street should be brought to the attention of WCDPW&T as it could impact bus operations in the immediate area.

9.           Location within flood zone. The draft EIS notes that a substantial portion of the development site is located within a flood zone. This has been confirmed again by the recently released FEMA flood advisory maps. This is a major concern with the proposed development given the storm surge that occurred in some parts of our region as part of superstorm Sandy. The architectural drawings do not show the proposed building to be raised above grade. It would appear that a storm surge could severely damage units located in “panhandle” of the development that extends towards the water’s edge. The final EIS should address this issue and identify the precautions the applicant intends to take to reduce flood risk. We note the draft EIS describes shoreline stabilization along with plantings as the only measure currently proposed. We do not believe this to be enough to prevent storm surge events, particularly given the Stephenson Brook outfall, which is also adjacent to the site.

10.        Site remediation. The draft EIS notes that there are several known contaminants on both the Armory and City Yard sites. The City Yard site, in particular, given that it has operated as a public works facility for almost 100 years, has many known and potential contaminants. The draft EIS states that the full level of contamination is not yet known and that a Phase II environmental site assessment investigation will occur between the draft and final EIS stage of the SEQR review. This level of uncertainty raises a concern that the site may be found to be difficult to remediate for residential purposes. The draft EIS does not identify a cost or a funding source for this work (beyond likely participation in the NYSDEC brownfield cleanup program). The feasibility and expense of the cleanup should be addressed in greater detail in the final EIS.

11.        Provisions for recycling. As more detailed plans are developed, the City should request the applicant to verify that sufficient storage measures are provided to accommodate the expanded County recycling program that includes plastics with numbers 1 through 7. New County regulations for plastic recycling may be found athttp://environment.westchestergov.com

12.        Green building technology. We commend the application for proposing green building technology as part of the proposed building. The draft EIS indicates that LEED Silver certification will be sought. We support this effort.

Thank you for the opportunity to comment on this matter.

Respectfully,

WESTCHESTER COUNTY PLANNING BOARD

Jim Maisano
County Legislator
(914) 636-1621
CtyLegJimMaisano@gmail.com

Gadsden Flag History Lesson

Since the Mayor of New Rochelle called the Gadsden Flag a “Tea Party flag” – it’s clear he needs a history lesson.  I found the following at: www.gadsden.info - 

THE ORIGINS OF THE GADSDEN FLAG, U.S. NAVY & U.S. MARINE CORPS

By 1775, the snake symbol wasn’t just being printed in newspapers. It was appearing all over the colonies: on uniform buttons, on paper money, and of course, on banners and flags.

The snake symbol morphed quite a bit during its rapid, widespread adoption. It wasn’t cut up into pieces anymore. And it was usually shown as an American timber rattlesnake, not a generic serpent.

We don’t know for certain where, when, or by whom the familiar coiled rattlesnake was first used with the warning “Don’t Tread on Me.”

We do know when it first entered the history books.

In the fall of 1775, the British were occupying Boston and the young Continental Army was holed up in Cambridge, woefully short on arms and ammunition. At the Battle of Bunker Hill, Washington’s troops had been so low on gunpowder that they were ordered “not to fire until you see the whites of their eyes.”

In October, a merchant ship called The Black Prince returned to Philadelphia from a voyage to England. On board were private letters to the Second Continental Congress that informed them that the British government was sending two ships to America loaded with arms and gunpowder for the British troops.

Congress decided that General Washington needed those arms more than the British. A plan was hatched to capture the cargo ships. They authorized the creation of a Continental Navy, starting with four ships. The frigate that carried the information from England, the Black Prince, was one of the four. It was purchased, converted to a man-of-war, and renamed the Alfred.

To accompany the Navy on their first mission, Congress also authorized the mustering of five companies of Marines. The Alfred and its sailors and marines went on to achieve some of the most notable victories of the American Revolution. But that’s not the story we’re interested in here.

What’s particularly interesting for us is that some of the Marines that enlisted that month in Philadelphia were carrying drums painted yellow, emblazoned with a fierce rattlesnake, coiled and ready to strike, with thirteen rattles, and sporting the motto “Don’t Tread on Me.”

More about Gadsden Flag at these links:

• http://www.foundingfathers.info/stories/gadsden.html
• http://en.wikipedia.org/wiki/Gadsden_flag
• http://www.usflag.org/history/gadsden.html

Jim Maisano
County Legislator
(914) 636-1621
CtyLegJimMaisano@gmail.com

Ray Rice Day in New Rochelle

Ray Rice Day, a set on Flickr.

New Rochelle celebrated the Super Bowl victory of our hometown star Ray Rice on 3/2/13 at City Hall. In his speech, Ray Rice was so down-to earth, humble and genuine, and every person in New Rochelle is so proud of him. He truly deserves all his success. Ray made clear to all the kids in the crowd that they should aim for success in sports, academics and everything else in their lives. Ray stressed that he tributes his success to great role models, coaches, family and friends in New Rochelle, and most importantly, his terrific mom, who was constantly smiling throughout the event. We all hope for even more success for Ray Rice in the future – a fantastic kid from New Rochelle!

Jim Maisano
County Legislator
914-636-1621
CtyLegJimMaisano@gmail.com

Thoughts About Mayor Ed Koch

RIP Ed Koch — He became mayor when I was in high school, and I followed his career closely and read his books. I liked him a lot. I liked his independence, frankness, in your face aggressiveness and spirit. I liked that he took on the left wing of his own party that was ruining NYC – he called himself “a liberal with sanity.” Koch did not want to hear that criminals were victims of society. Finally, there was a NYC Mayor that stood up for the police on the front lines of crime-fighting every day. He took on public union irresponsibility and tried to be fiscally responsible after NYC almost went bankrupt. I loved Koch’s friendship with Cardinal O’Connor – it was great to see leaders of these two great NYC faiths working together. There were negatives too, crime stayed bad and his administration had way too much corruption. But Ed Koch made NYC a better, more fun and interesting place, and he will certainly be missed.

I remember Mayor Koch and the Billie Boggs issue. In 1987, Koch announced a new program for removing mentally disturbed homeless people from the streets. Boggs was mentally ill and lived on hot air vent grate near 2nd Avenue/65th Street for a year and displayed troubling behavior. Koch wanted to help her and others who were mentally impaired by getting them off the streets and on medication, and the New York Civil Liberties Union (NYCLU) sued to keep her homeless on the street. Here, Koch was right – the liberal with sanity – and NYCLU was “wacko” as Koch would say! To me, it was immoral to keep that poor woman on the streets without help.

I was so proud of Ed Koch when he endorsed Al D’Amato for senate re-election in 1992. Sen. Al was the #1 supporter of Israel in senate and was terrific at delivering federal aid to NY and Koch recognized this. His opponent Robert Abrams (who was a good AG) called Al D’Amato a fascist in campaign (twice), which was utterly disgraceful. Italian-Americans were embarrassed about the fascist Mussolini and saw some bigotry in Abrams’ statement. And there was Ed Koch standing with an Italian Rep over a Jewish Dem, and ripped Abrams for his vile name calling. That my friends truly demonstrates the greatness of Koch, who more than anyone put what was right over party loyalty. All modern day politicians can learn much from Ed Koch.

My favorite Ed Koch quote: ”If you agree with me on 9 out of 12 issues, vote for me. If you agree with me on 12 out of 12 issues, see a psychiatrist.” I feel the same!

Here is an Ed Koch story from my family — the first year I could vote was 1981 and I voted the Republican line. I came from a very Republican family. However, my family was all ready to cross party lines and vote for Koch for governor in 1982, which was a big thing in my house, but he lost in the primary to Mario Cuomo. In the general election, we strongly supported Lou Lehrman over Cuomo, who was too liberal for us. However, I was really looking forward to making Ed Koch the first Democrat candidate I ever voted for. Of course, I have voted for other Democrats since, but not telling you who…LOL!

Jim Maisano
County Legislator
(914) 636-1621
CtyLegJimMaisano@gmail.com

Jefferson’s Famous 1801 Inaugural Address – “We are all Republicans, we are all Federalists” – Still True Today!

By Jim Maisano

President Thomas Jefferson

Wednesday, March 4, 1801

Friends and Fellow-Citizens:

CALLED upon to undertake the duties of the first executive office of our country, I avail myself of the presence of that portion of my fellow-citizens which is here assembled to express my grateful thanks for the favor with which they have been pleased to look toward me, to declare a sincere consciousness that the task is above my talents, and that I approach it with those anxious and awful presentiments which the greatness of the charge and the weakness of my powers so justly inspire. A rising nation, spread over a wide and fruitful land, traversing all the seas with the rich productions of their industry, engaged in commerce with nations who feel power and forget right, advancing rapidly to destinies beyond the reach of mortal eye—when I contemplate these transcendent objects, and see the honor, the happiness, and the hopes of this beloved country committed to the issue, and the auspices of this day, I shrink from the contemplation, and humble myself before the magnitude of the undertaking. Utterly, indeed, should I despair did not the presence of many whom I here see remind me that in the other high authorities provided by our Constitution I shall find resources of wisdom, of virtue, and of zeal on which to rely under all difficulties. To you, then, gentlemen, who are charged with the sovereign functions of legislation, and to those associated with you, I look with encouragement for that guidance and support which may enable us to steer with safety the vessel in which we are all embarked amidst the conflicting elements of a troubled world.

During the contest of opinion through which we have passed the animation of discussions and of exertions has sometimes worn an aspect which might impose on strangers unused to think freely and to speak and to write what they think; but this being now decided by the voice of the nation, announced according to the rules of the Constitution, all will, of course, arrange themselves under the will of the law, and unite in common efforts for the common good. All, too, will bear in mind this sacred principle, that though the will of the majority is in all cases to prevail, that will to be rightful must be reasonable; that the minority possess their equal rights, which equal law must protect, and to violate would be oppression. Let us, then, fellow-citizens, unite with one heart and one mind. Let us restore to social intercourse that harmony and affection without which liberty and even life itself are but dreary things. And let us reflect that, having banished from our land that religious intolerance under which mankind so long bled and suffered, we have yet gained little if we countenance a political intolerance as despotic, as wicked, and capable of as bitter and bloody persecutions. During the throes and convulsions of the ancient world, during the agonizing spasms of infuriated man, seeking through blood and slaughter his long-lost liberty, it was not wonderful that the agitation of the billows should reach even this distant and peaceful shore; that this should be more felt and feared by some and less by others, and should divide opinions as to measures of safety. But every difference of opinion is not a difference of principle. We have called by different names brethren of the same principle. We are all Republicans, we are all Federalists. If there be any among us who would wish to dissolve this Union or to change its republican form, let them stand undisturbed as monuments of the safety with which error of opinion may be tolerated where reason is left free to combat it. I know, indeed, that some honest men fear that a republican government can not be strong, that this Government is not strong enough; but would the honest patriot, in the full tide of successful experiment, abandon a government which has so far kept us free and firm on the theoretic and visionary fear that this Government, the world’s best hope, may by possibility want energy to preserve itself? I trust not. I believe this, on the contrary, the strongest Government on earth. I believe it the only one where every man, at the call of the law, would fly to the standard of the law, and would meet invasions of the public order as his own personal concern. Sometimes it is said that man can not be trusted with the government of himself. Can he, then, be trusted with the government of others? Or have we found angels in the forms of kings to govern him? Let history answer this question.

Let us, then, with courage and confidence pursue our own Federal and Republican principles, our attachment to union and representative government. Kindly separated by nature and a wide ocean from the exterminating havoc of one quarter of the globe; too high-minded to endure the degradations of the others; possessing a chosen country, with room enough for our descendants to the thousandth and thousandth generation; entertaining a due sense of our equal right to the use of our own faculties, to the acquisitions of our own industry, to honor and confidence from our fellow-citizens, resulting not from birth, but from our actions and their sense of them; enlightened by a benign religion, professed, indeed, and practiced in various forms, yet all of them inculcating honesty, truth, temperance, gratitude, and the love of man; acknowledging and adoring an overruling Providence, which by all its dispensations proves that it delights in the happiness of man here and his greater happiness hereafter—with all these blessings, what more is necessary to make us a happy and a prosperous people? Still one thing more, fellow-citizens—a wise and frugal Government, which shall restrain men from injuring one another, shall leave them otherwise free to regulate their own pursuits of industry and improvement, and shall not take from the mouth of labor the bread it has earned. This is the sum of good government, and this is necessary to close the circle of our felicities.

About to enter, fellow-citizens, on the exercise of duties which comprehend everything dear and valuable to you, it is proper you should understand what I deem the essential principles of our Government, and consequently those which ought to shape its Administration. I will compress them within the narrowest compass they will bear, stating the general principle, but not all its limitations. Equal and exact justice to all men, of whatever state or persuasion, religious or political; peace, commerce, and honest friendship with all nations, entangling alliances with none; the support of the State governments in all their rights, as the most competent administrations for our domestic concerns and the surest bulwarks against antirepublican tendencies; the preservation of the General Government in its whole constitutional vigor, as the sheet anchor of our peace at home and safety abroad; a jealous care of the right of election by the people—a mild and safe corrective of abuses which are lopped by the sword of revolution where peaceable remedies are unprovided; absolute acquiescence in the decisions of the majority, the vital principle of republics, from which is no appeal but to force, the vital principle and immediate parent of despotism; a well disciplined militia, our best reliance in peace and for the first moments of war, till regulars may relieve them; the supremacy of the civil over the military authority; economy in the public expense, that labor may be lightly burthened; the honest payment of our debts and sacred preservation of the public faith; encouragement of agriculture, and of commerce as its handmaid; the diffusion of information and arraignment of all abuses at the bar of the public reason; freedom of religion; freedom of the press, and freedom of person under the protection of the habeas corpus, and trial by juries impartially selected. These principles form the bright constellation which has gone before us and guided our steps through an age of revolution and reformation. The wisdom of our sages and blood of our heroes have been devoted to their attainment. They should be the creed of our political faith, the text of civic instruction, the touchstone by which to try the services of those we trust; and should we wander from them in moments of error or of alarm, let us hasten to retrace our steps and to regain the road which alone leads to peace, liberty, and safety.

I repair, then, fellow-citizens, to the post you have assigned me. With experience enough in subordinate offices to have seen the difficulties of this the greatest of all, I have learnt to expect that it will rarely fall to the lot of imperfect man to retire from this station with the reputation and the favor which bring him into it. Without pretensions to that high confidence you reposed in our first and greatest revolutionary character, whose preeminent services had entitled him to the first place in his country’s love and destined for him the fairest page in the volume of faithful history, I ask so much confidence only as may give firmness and effect to the legal administration of your affairs. I shall often go wrong through defect of judgment. When right, I shall often be thought wrong by those whose positions will not command a view of the whole ground. I ask your indulgence for my own errors, which will never be intentional, and your support against the errors of others, who may condemn what they would not if seen in all its parts. The approbation implied by your suffrage is a great consolation to me for the past, and my future solicitude will be to retain the good opinion of those who have bestowed it in advance, to conciliate that of others by doing them all the good in my power, and to be instrumental to the happiness and freedom of all.

Relying, then, on the patronage of your good will, I advance with obedience to the work, ready to retire from it whenever you become sensible how much better choice it is in your power to make. And may that Infinite Power which rules the destinies of the universe lead our councils to what is best, and give them a favorable issue for your peace and prosperity.

Jim Maisano

County Legislator

914-636-1621

CtyLegJimMaisano@gmail.com

STATEMENT FROM REPUBLICAN COUNTY LEGISLATORS ON PASSING OF FORMER COUNTY EXECUTIVE O’ROURKE

“On behalf of the Republican County Legislators, it is with great sadness that we acknowledge the passing of former County Executive Andrew O’Rourke. As County Executive, Chairman of the Board of Legislators, Yonkers City Councilman and New York Supreme Court Justice, Andy O’Rourke always served the people of Westchester County with visionary leadership, dedication and compassion. His actions and commitment to this county were directly responsible for dramatic improvements to the Westchester County government. A true gentleman, Andy O’Rourke was always charming, witty and gracious to everyone he encountered and one of the greatest public speakers that Westchester has ever seen. The residents of Westchester County owe a debt of gratitude to Mr. O’Rourke and his legacy will be that he truly made Westchester a better place for all its residents.”

Jim Maisano

Minority Leader

914-636-1621

CtyLegJimMaisano@gmail.com