WHITE PLAINS CITIZENETREPORTER SETS RECORD VISITS FOR YEAR 7,017,658 VISITS! 2,098,003 VISITORS MADE 6 VISITS A DAY EVERY DAY. 63,330 UNIQUE VISITORS MADE 133,730 VISITS IN DECEMBER. WPCNR AVERAGED 17,284 VISITORS A WEEK, VISITING 31,270 TIMES.

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WPCNR QUILL & SCANNER. By John F. Bailey. April 23, 2009: Johnny Story missed it. NYPIRG missed it. Consumer Advocates missed it. Your mom missed it. But your grandmother would be hopping mad.

And, surprise,  the County Legislature isn’t telling you too much about it. No big press conferences.

On the eve of County Executive Andrew Spano’s “economics-oriented” State of the County speech, Item pricing – a landmark of the consumer protection movement,and money-saving tool,  will be done away with at complying supermarkets  accross the county, perhaps within weeks. Why? Because the supermarkets think it will help them and “help consumers.” The County Executive in his press release of January 29, said, and we quote, “My proposal would continue to protect consumers but at the same time reduce the costs to some businesses.”

The Westchester County Department of Communications disputed the New York Public Interest Research Group  that the county is eliminating item pricing “under the radar,” due to pressure from a supermarket lobbying group.  A spokesperson for the County Department of  Communications said a news release was sent out January 29 on the bill to be voted on Monday which would, if supermarkets passed a scanner inspection with 98% accuracy, allow those stores to eliminate individual item prices in their stores. The legislation has been sailing along from press release to vote (coming Monday) for11 weeks.

The spokesperson, Donna Greene told WPCNR that consumer-available scanners would be available in stores should the law be enacted Monday evening so persons could check individual prices of items, and they would also be able to check scanner price with the shelf prices. The county news release of January 29, 2009, said similar legislation had been enacted in Nassau, Suffolk, Rockland, Erie, Renssalear and St. Lawrence counties.

Asked if consumer scanners would be available in stories at each aisle so consumers could check to see if prices scanned matched the shelf prices or circulars, Ms. Greene said the number of scanners was provided for in the law.

In a copy of the proposed legislation, the following provisions are made for “consumer scanner availability”:

A store under 1,500 square feet – No Consumer Scanner necessary.

Under 3,000 square feet – 1 Consumer Scanner

Between 10,001 and 30,000 square feet – 3  Consumer Scanners

Over 30,001  sq feet –  Minimum of 3 Consumer Scanners and such additional scanners as the (County) Sealer may deem appropriate.

The law also states a shelf price for each stock keeping item should be visible to the consumer directly under the item displayed.

Asked, if once the establishment has passed a 98%scanner accuracy,  how often the county would reinspect to insure the supermarket accuracy standard was still being maintained, Greene said that depended on the Department of Consumer Affairs.

Tracy Shelton, spokesperson for NYPIRG said when NYPIRG testified before the County Board protesting the item pricing law, they called for a mandatory minimum number of reinspections. WPCNR asked Shelton if there was any way a consumer could check to see the price turning up on the scanner and on the shelf were correct, Shelton said the consumer had to rely on shopping circulars or the actual store “Audit List” which supermarket workers use to enter in prices into their scanners.  The law does not appear to require audit lists be conspicuously available in the supermarkets once the law is passed.

Shelton said the minimum number of  Consumer-access scanners required by the law  was “ridiculous,” predicting that in a supermarket, consumers would not bother taking one item across a store to one scanner  and waiting in line to scan it. She also pointed out that without item pricing, it becomes harder to total up the amount of money you were about to spend – if you did not have access to a credit card for overruns. “What are you supposed to do, bring “Post-IT” notes?” she sarcastically suggested.

Shelton said NYPIRG had no information on how the law was affecting consumers in the counties mentioned in the county news release.

Ms. Shelton told WPCNR she was hopeful legislators would table the law so more safeguards and stricter reinspection standards could be built into the law.

Shelton said NYPIRG had only become aware of this law about a month ago, and the county legislators NYPIRG had addressed with their concerns were angry that NYPIRG opposed the law, and reversed their original support of some of NYPIRG’s suggestions.

Shelton said the county was kowtowing to the suggestion of a spokesperson for the supermarkets, whose name she could not recall.

NYPIRG in its “Opposition Sheet” writes,”The law would essentially give supermarkets and other retailers the green light to overprice up to 2% of all store items with impunity. This would enshrine in law that it is acceptable and lawful for retailers to overcharge consumers — potentially tens of thousands of consumers on any given item — so long as no more than two per cent of the store’s items are not incorrectly priced.”

Gary Brown, the County Director of Consumer Protection, is quoted in the release as saying, “Our commitment to protecting consumers — and making sure they have full pricing information — remains the same.”

In the county overseeing of gasoline prices, the Department of Consumer Protection monitors gasoline prices  in the county, but does not check to see if changes in the gasoline wholesale price are accurately reflected in the price at the pumps the county inspects.

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WPCNR White Plainsonomics. From Cushman & Wakefield. April 22, 2009:  According to Cushman & Wakelfield, the office rental and leaasing specialists, the White Plains Central Business District Class-A rentals remained the highest in the county, averaging $33.81 per square foot January to March, 09, compared to $33.68 in the 4th quarter of 08. The average office rental is down 23 cents from last year at this time.

In the Non-Central Business District, rents averaged $32.05 per square foot January through March, down 10 cents from last quarter, and up 18 cents from the corresponding quarter last year. Part of the decrease in leasing activity this quarter was the reduced size of the transactions.  Exemplifying this trend was the 7,575-sf lease for Dragados USA, Inc. at 140 Grand Street in White Plains.

The relatively stable White Plains office market statistic was published by Cushman & Wakefield in its first quarter 2009 report for the Westchester County commercial real estate market, showing a significant decline in new office leasing activity for Class-A space in the region.  Leasing activity totaled approximately 88,645 square feet (sf) in the quarter, down from 122,078 sf in the fourth quarter 2008 and from 317,987 sf this time last year, decreases of 27% and 72%, respectively.

Available direct Class-A space in Westchester County has remained fairly steady over the last year, registering 3.5 million square feet (msf) in the first quarter, 3.4 msf available at the end of 2008 and 3.3 msf available this time last year.  A total of 319,933 sf were added to the overall Class-A inventory this quarter; 187,995 sf of which was sublease space.

Overall vacancies continued to increase countywide with the vacancy rate for Class-A space registering at 19.4%; an increase from 18.3% last quarter and 17.6% one year ago.  This was primarily due to a 41% increase in sublease space returned to the market from such tenants as Blue Sky Studios for 58,717 sf and Thomson Reuters for 44,566 sf.

“Although Westchester County’s tenant mix is well balanced and without the significant exposure from the recent economic events, leasing activity slowed significantly as companies reacted to the continued recession,” said Jim Fagan, senior managing director and head of Cushman & Wakefield’s Fairfield and Westchester County region. “Though still quiet compared to previous years, the most active tenants in the market are those looking to lower occupancy costs or those with upcoming lease expirations.”

Overall asking rents for Class-A space countywide at the close of the first quarter averaged $31.64 per square foot (psf) down slightly from the $31.77 psf average at fourth quarter 2008 and the $31.75 psf average at this time last year.  There continues to be a large delta between asking rents and taking rents as concessions, such as free rent and tenant-improvement allowances, continue to increase, as landlords vie for the few tenants in the market for space.  The result for tenants is a substantial decrease in their net effective rents.

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WPCNR DEVELOPER NEWS. By John F. Bailey. April 22,2009: LCOR presented the new design for their now 582-unit rental housing project  (previously it had been 535 units), Tuesday evening at the Planning Board. Peter Gilpatric, the LCOR executive, said  that financing for the project was currently not forthcoming due to frozen credit markets, but the newly designed project was of interest to potential funding sponsors. He advised the Planning Board that Phase One would be built first which would include the southern 28-story building with seven-story parking garage.

New 28 story Buildings on Bank. Parking Facility behind proposed for 55 Bank Street.

The project will be presented to the Common Council next who would then refer it out to departments, Commissioner of Planning, Susan Habel said.  In the new design, the garage portion of the retail-residential complex will be built to the rear of the two-building complex, which fronts on Bank Street.

The new Buildings approaching from Fisher Avenue.

In commenting on a question about the possibility of a hotel being built, Mr. Gilpatric said he did not know when that would happen and there were no immediate prospects due to the present decline in the hotel industry. He also described the present White Plains rental  housingmarkets as in decline with rents being lowered and incentives being offered by landlords to lure and  keep tenants. He said it was a good time to rent an apartment because the rates are lowering.

The View from Battle Hill of the new complex, looking East.

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WPCNR ALBANY ROUNDS -THE POWER NEWS. By John F. Bailey. APRIL 25, 2009, UPDATED WITH COUNTY EXECUTIVE STATEMENT. April 21, 2009UPDATED 11:40 P.M. E.D.T.: The New York State Public Service Commission approved a 14.3% increase in the Consolidated Edison Delivery Charge portion of consumer electric bills Tuesday in Albany by a 4 to 1 vote.

Friday, Westchester County Executive Andrew Spano reacted to Tuesday’s increase, first reported by WPCNR two weeks ago, with this statement:

The 14.3% increase in Con Ed “infrastructure” charges, when combined with the $198 Million increase in Consolidated Edison assessment decreed by the state legislature to increase revenues in the general fund, will increase the typical Westchester area bill 6.1% according to PSC official testifying today at the approval hearing in Albany. The full increase approved this afternoon is $721.4 Million.

The Public Service Commission Cut Con Edison’s request by $60 Million, requiring them to find an immediate $30 Million in savings to help pay the reduction, and come back for “relief” from Commission if they could not save another $30 Million.

Bob McGee, spokesperson for Con Edision issued this statement to WPCNR late Tuesday evening:

Since most of a customer’s bill is used to pay supply costs and government taxes, it is troubling that the only costs being slashed in today’s PSC decision are the funds used to maintain the system and provide reliable service. 

We will analyze the PSC order when it is issued, but the imposition of further “austerity” in light of the substantial efficiency measures we continue to take strikes us as counter-productive to our efforts to maintain our electric delivery system. 

We are disappointed in the PSC action.  We will continue to seek operational savings wherever it makes sense and to serve our customers.

The effect: For example on April 2, a White Plains electric customer paid $132.67 for 648 kilowatt hours. On May 1, when the new charges will be in effect that bill will rise $9.02 to $140.76, providing Supply Charges stay the same.  On May 2, the rate increase goes into affect. The $9 PSC estimate is line with WPCNR estimates reported two weeks ago.

The 6.1%  overall affect of the decision was said by a PSC analyst, speaking in testimony today in Albany, was the expected affect on the overall customer bill, when the $234 Million Con Edison Assessment charge is added to customers’ bills. The PSC said that 1/3 of half the 2% increase in assessments would be borne by the utility companies and the balance of the increase would be passed along to consumers.

The increased assessment was introduced by Governor David Paterson’s office to create more revenue for the General Fund. The assessment increases Con Ed’s Assessment to $283 Million, up 857% in 2009-10, up from $33 Million this year.  It will raise Westchester and NYC area residents utility bills an as-yet-unspecified amount in a few scant months. The assessment must be paid this year.

Legislature Clandestine Assessment Hike Blindside:857%

PSC Extracts Savings from Con Edision

The PSC decided, from observations of the hearing by WPCNR, to limit the amount of the Delivery Charge rate increase from the $585Million asked for by Consolidated Edison to authorizing only $523.4 Million, requiring that Con Ed execute $60 Million in savings, to make up the difference, rather than by guaranteed the entire rate request. From the hearing observation, it appears Con Edison is required to save $30 Million, and will,if they cannot create $30 more in savings three quarters into the year, have to petition the Commission for “relief,” i.e. an additional surcharge, or rate relief.

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WPCNR WHITE PLAINS VARIETY. From White Plains Public Access Television. April 21, 2009:  Due to system rewiring and design this week, there will be no programming on the public (Verizon 45, Cablevision 76) and government channels (Verizon 47, Cablevision 75) until the evening of Friday, April 23.