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City Seeks More Lucrative Contract with Cablevision for Right to Continue Cable

Posted on December 3, 2003 by John Bailey

WPCNR WHITE PLAINS VARIETY By John F. Bailey. December 3, 2003: The Common Council authorized Mayor Joseph Delfino and Corporation Counsel Edward Dunphy to begin the process of negotiations on a new 10-year contract with Cablevision, the city’s local cable access provider.

Mr. Dunphy and Frederick Strauss, Executive Director of White Plains Public Access, said they were planning on negotiating for a substantially higher percentage of revenues from the cable company, Cablevision. Cablevision, according to the White Plains Public Access, currently has 18,000 subscribers in the City of White Plains, a 60% penetration of city households. The current city contract, negotiated in 1995, expires at the end of 2005, and by law the city is authorized to begin negotiations at this time, according to Dunphy.

Determining Our Own Fate.

Dunphy in his remarks to the Counsel said White Plains is one of the leading customers of Cablevision in Westchester County and is seeking to improve its present contract with Cablevision which pays the city $1,000,000 per year for the right to be Franchisee, and $100,000 a year to White Plains Public Access.

Mr. Dunphy advised the council that White Plains is seeking to cut their own terms with Cablevision, rather than be tied to “me-too” standard cable agreements Cablevision offers to other communities in the county without the audience of White Plains.

Quality Counts.

Council member Glen Hockley, as a result of his “Hockley Walkabouts” said he has heard numerous complaints from city residents about the quality and variety of Cablevision service in the city. Mr. Strauss said the city would be bringing up both quality of service, types of service, projected improvements and upgrades in cable technology offered by Cablevision in the future as bargaining chips and issues to be dealt with in the new contract.

Mayor Delfino assured the council that they would have to approve any final negotiated arrangement with Cablevision.

A KOUFAX AND DRYSDALE APPROACH?: Asked by Mr. Hockley, if the city was going to negotiate in consort with other communities, Dunphy, (foreground, with Mayor Delfino standing), said that was a possibility. Dunphy told the council that by cable television law, the city can negotiate a new franchise agreement only with the present franchisee, but in telecommunications law, the city would be able to negotiate with a variety of carriers, and he was looking into possibilities of that. Photo by WPCNR News.

Dunphy said he was seeking more than the million dollar fee presently received by the city, “at least a million-and-half,” but no figure had been settled on as a target.

Married to Cablevision

Robert Greer and Mr. Hockley suggested exploring other franchisees such as Time-Warner, because T-W, for example, had in Mr. Greer’s opinion, better programming.

Mr. Strauss cautioned that the city “is unable to dictate programming offered to the community. We can only inform and communicate to the cable company to get them to be more responsive. We hope to motivate them (Cablevision) in a variety of ways.”

The council authorized the Mayor to begin the negotiation process during the Work Session Tuesday night. Mr. Dunphy reported to the Council that the city is now marshalling resources to explore areas of negotiation, and will be traveling to Washington to seek input from federal cable regulators as to what the city can demand and expect, and is also seeking information from Cablevision.

Dunphy Insights into Intricacies of Negotiation and Departure.

In an interview after the meeting, Mr. Dunphy told WPCNR that the present contract negotiated in 1995 by Rusty Monroe, (during the Sy Schulman administration), called for White Plains to be paid 5% of the Cablevision gross revenues earned from the city. He said that is the agreement that will expire in December 31, 2005.

Asked if the city could not reach an acceptable agreement, what happens? Dunphy said the city could revoke the franchise, which would trigger “a hearing process” in which the city would have to justify why it was seeking to revoke the contract.

WPCNR asked if the city would consider a step-level contract with Cablevision, in which if certain revenue levels were achieved, or certain technological improvements added, the city revenue would be automatically increased, Dunphy said “that’s under advisement,” and ruled nothing out.

Queried as to whether Cablevision payments to the city had to be spent on the Public Access operations, or could be used as the city sees fit, Mr. Dunphy said he would have to check on that.

White Plains Is Cable-Friendly.

According to Gary Stukes of White Plains Public Access, Cablevision has 18,000 subscribers in the city out of 25,000 residences.

The White Plains CitizeNetReporter is one of those subscribers. I pay $41.25 for Family Cable, and $44.95 for their Optimum online package, $4.95 for the iO navigation package, $3.24 for remotes, and $1.95 for the YES network, plus a Franchise Fee of $2.72, a Peg Fee of .46 and a Regulatory Fee of 5 cents. This comes a regular monthly bill of $99.97 last month.

If the city’s 18,000 subscribers had a package that just included the Family package, as I do, they would pay approximately $50 a month generating $900,000 a month, throw in HBO, Cinemax, MSG and other services and the bill goes up perhaps to my level, $100. With just a Family Package that is over $10,800,000 a year. With added premium networks it is more…up to $100 a month, that works out by WPCNR estimate to be $21,800,000.

At the $1 Million a year the city is receiving now, it would appear that “gross revenues” now are running at $21,600,000 as a WPCNR rough estimate according to my own figures above generated a 5% return for the city of $1,080,000 of revenue which approximates the figure Mr. Dunphy quoted last night.

Mr. Stukes of White Plains Public Access said that it is important to note that more than 18,000 subscribers in White Plains might have cable access through satellite dishes which bring them cable, but those dish-equipped viewers do not receive White Plains Public Access, which includes “The Spirit of 76,” Channel 76 (Home of White Plains Week, and your other favorites), Channel 75, The Home of the Common Council and Channel 77, The Home of White Plains Schools and that other “news” station, News12.

Stukes added that White Plains cable penetration through Cablevision is 60%, a penetration level that is recognized as the highest penetration level nationally. He said that New York State leads the nation in penetration, and White Plains is “at the top of the list.”

Consultants Favor Taking Bar Building as Best Fit for Cappelli Bland Hotel

Posted on December 3, 2003 by John Bailey

WPCNR COMMON COUNCIL CHRONICLE-EXAMINER. By John F. Bailey. December 3, 2003: Michael Gerard, the environmental lawyer-consultant for the city on the 221 Main Street Cappelli Enterprises hotel-office proposal, updated the Council Tuesday evening on the process of the draft Final Environmental Impact Statement on the controversial project now in hearings.

PREVIEW OF FEIS: Mr. Gerard reported that Jeannie Baird and Jeffrey Zupan, the independent city planning and transportation consultants retained by the Common Council (at Mr. Cappelli’s expense) to advise the city on the project feasibility and esthetics, respectively have said in their preliminary memorandums that the Cappelli Bland Hotel & Office complex design that is most efficient and esthetic is one that eliminates the Bar Building. Left to right, Glen Hockley, foreground, Tom Roach, Mr. Gerard, Rita Malmud, Bill King. Photo by WPCNR News.

Alternative F as Most Workable Design for Cappelli-Bland Hotel. Approval Timetable Sketchy.

Gerard was pressed for a preview, and according to Mr. Gerard, Baird and Zupan feel that leaving the Bar Building in place reduces the amount of below-ground parking that can be constructed below ground thus requiring more parking built above street level into the hotel complex, resulting in crowding the site. Gerard did not elaborate any further and cautioned the council that they should wait until the Final Environmental Impact Statement is submitted, which he said is expected early next week.

Boykin Does Double Take.

Benjamin Boykin, Council President, expressed visible dismay that Baird and Zupan advocated the razing of the Bar Building, saying “That’s very problematic.”

William King cautioned Boykin and the rest of the council, that he had information that other developers are at this time were considering other “high rise” projects for sites in White Plains, and that a negative position on height taken by the Council on the 221 Main Street project could effect other developers’ willingness to build on other sites obviously in need of improvement.

Mayor Delfino scoffed at this, saying, “That’s an issue that’s been discussed since 1980 when I was on the (Common) Council,” appearing, in an apparent effort to soften King’s caveat that would they decide on 221 Main would effect White Plains appeal to developers.

Glen Hockley, mediating Boykin’s obvious displeasure at Gerard’s “sneak preview” of the Baird-Zupan assessment, said “Commenting (on the FEIS) at this time is premature. We’re going through an evolution.”

Gerard echoed the same sentiments, saying that Cappelli Enterprises expected to submit “their first cut” on the Final Environmental Impact Statement early next week, which would contain the Baird-Zupan analyses of all the alternatives as well as the developer’s answers to questions raised in the Draft Environmental Impact Statement.

A Very Busy Social Calendar.

Earlier the Council tried to set a timetable to review the FEIS and act upon the project.

Gerard tried to set December 15 as the date when the Council could review the FEIS with Ms. Baird and Mr. Zupan and himself. Council President Boykin was not available, Mr. Greer had a conflict, and Ms. Malmud and Mr. Hockley, looking at their calendars noted numerous family, religious, and professional conflicts.

The Mayor said Councilpersons who could not be there on December 15 could be briefed on the goings-on, or patched in by speakerphone, as has been done in the past. The Council was having none of that.

Councilman Boykin said, “I have a conflict, we don’t even know if we have a project yet.”

Councilman Hockley raised his eyebrows, and reminded Boykin, “This project is for the most part, acceptable. We just have to move the approval back.”

Vote Pushed for Jan. Feb the Latest.

A concerned Mayor noted that he remembered that the Council had agreed they wished to consider the FEIS in December. If the council did not meet on the FEIS until January, it would push approval until February. George Gretsas noted that much of a delay would jeopardize Mr. Cappelli’s financing. It was suggested by Robert Greer they try and meet during the day. The December 18 Work Session was rejected. A tentative date to review the FEIS was set for Friday, December 19, during the day.

Rita Malmud made it clear she expected to have her copy of the FEIS to review in a leisurely manner at least two days before Friday the 19^th, the Mayor said the council would have the FEIS “next week.”

The Mayor said he wanted to “take final action in January at the earliest.”

Tom Roach mused that “No one seems to want to build as of right anymore. Everyone wants to build a little more, even residents.”

Gerard said that after the Council approved the Final Environmental Impact Statement, there would be a 10-day comment period, upon which they could then take action, which appeared to be possible at the February Common Council meeting, if not before. The Council approved the City Center Project finally in the middle of September, 2001, to cooperate with Mr. Cappelli’s financing closing dates, so it is theoretically possible the Council could approve the project or of course, vote it down in January.

Starbucks at Renaissance Plaza to open December 18.

Posted on December 2, 2003 by John Bailey

WPCNR MAIN STREET BEAT. From Paul Wood, City Hall Press Spokesperson & Economic Development Director. December 2, 2003: Paul Wood of the Mayor’s Office announced last night that Starbucks, “America’s Coffee,” will open their new kiosk (in final two weeks of construction) at the Renaissance Plaza Fountain downtown on Thursday, December 18 at 11:00. The Mayor of White Plains, Joseph Delfino, Mr. Wood said, would be pouring the city’s first official White Plains Starbuck’s Latte, at an opening ceremony that date.

“COFFEE HEAH:” The Starbucks Kiosk at Renaissance Plaza will be serving White Plains beginning December 18. The kiosk is shown under construction prior to the Fountain draining and winterization which took place last week due to icing conditions. Photo by WPCNR News.

I’m Not Selling Says Bar Building Boss; City to Build 2-Deck Pkg @ Mam & Bryant

Posted on December 2, 2003 by John Bailey

WPCNR Common Council Chronicle-Examiner. By John F. Bailey. December 2, 2003, Updated 5 P.M. E.S.T. WITH PIX: The public hearing on the Cappelli Bland Hotel project on Main Street continued featuring the owner of the Bar Building, Anthony Longhitano, appearing before the Common Council. He stated that his building was not for sale and challenged the Council to consider his plan for redevoping the annex of his 199 Main Street building into a mini-retail complex seriously. Longhitano has not presented to the Common Council formally (though drawings of the proposal have appeared in the White Plains Watch). The hearing was continued to the January Common Council meeting. Emphasis of speakers on reasons why the Bar Building should not be condemned ranged from job loss of employees working on the site, to the moral imperative that the city should not take private property to give it to another developer (Mr.Louis Cappelli).

LEADING OFF FOR THE BAR BUILDING: Anthony Longhitano, Bar Building owner, called for the Cappelli and Bar Building projects to coexist and develop in a new configuration in order that Cappelli’s hotel-office complex and the Bar project could exist adjacent to one another. Photo by WPCNR News.

In other action, the Council approved construction of a $6.8 Million parking deck beginning on Shapham Place and behind the Mamaroneck Avenue & Bryant retail strip beginning at Dunkin Donuts and ending at Rader’s stationary store, by votes of 6-1 on the three ordinances, with Councilman William King opposed all three times. The bond ordinance will be passed at a future date perhaps today when the Common Council meets for a work session. Construction is supposed to begin shortly and take twelve months to complete, according to Department of Public Works Commissioner, Joseph Nicoletti. The $6.8 Million in bonds would be paid off out of city Parking Authority revenues over 20 years, according to Albert Moronie, Director of the Parking Authority.

OVERRUN, WEEDED, LITERED LAND behind the Post Office on Mamaroneck Avenue & Bryant: Nicoletti said the building of parking at street level behind the Mamaroneck Avenue post office as part of the project, would enable execution of plans that exist for connecting the presently overgrown portion of the New York Westchester & Boston railroad track bed (that lies underneath Bryant Avenue– the bridge overpass shown here), to the Greenway which currently stops at Gedney Way. Nicoletti deferred to Department of Recreation & Parks Commissioner, Arne Abramowitz as to when those plans would be executed. Photo by WPCNR News.

DUNKIN DONUTS PARKING WILL BE EXTENDED, DOUBLE-DECKED: Moronie sited a laundry list of advantages to building the sprawling two level (including groundlevel parking behind the retail complex), parking structure. He said its 486 parking space capacity, including the Shapham Place lot that presently exists, would provide permitted parking for 203 people currently on the Parking Authority Waiting List for permits to park in the Shapham Place, Bryant Avenue area. Photo by WPCNR News.

He said it would meet the need for 43 persons who are employed during the day and need parking, and would eliminate the need for the onstreet parking on the East Side of Mamaroneck Avenue, that Nicoletti said later was a hazard to pedestrians crossing over to the retail-post office side.

Moronie said it would save money, getting the Parking Authority out of the lot leasing business which they currently lose money on. The Parking Authority currently uses to take care of residents overnight in the area who have to move their cars by 8 A.M. each morning. He said it would free up the Mamaroneck Avenue School Shapham lot for evening activity parking (currently taken up by resident parking after 6 P.M.).

The explanation given for the increase in cost from the original $2.5 Million deck proposal in 1999, was that the new deck (extending from flush to the Shapham Place lot to Bryant Avenue level) was bigger, as well as the creation of a lower street level parking area, which raised the price from $2.5 Million to $6.8 Million. Moronie said the cost per space was $15,500 as opposed to the former price of $19,000 per space for the original Shapham Place deck job for the 130 new space project envisioned in 1999.

Moronie noted the cost of the project would be paid off in twenty years, incurring a $148,000 loss the first year.

In other action, the Council raised the maximum real estate exemption for veterans to state-authorized levels of $27,000 for veterans and $90,000 for disabled veterans, and the partial exemption for persons of limited income over age 65. The council approved a Par 3 Hole on the Ridgeway Country Club and extended the cabaret permit for Dooley Mac’s pub.

The Mayor in closing, invited all citizens to his New Year’s Eve Ball Dropping ceremony taking place New Years Eve between 9 PM and Midnight with Mamaroneck Avenue being closed this year between Main Street and Martine Avenue that evening. He wished all a happy holiday season emphasing that “we are all working to become one city.”

KING IS PLAQUED: Mayor Joseph Delfino presented Councilman William King with a plaque recognizing his four years’ of service on the Common Council at his last public council meeting last night. The Mayor praised Mr. King for his service and contributions to the city and his iconoclastic stance. Photo by WPCNR News.