County Seeks to Eliminate Individual Item Pricing in Supermarkets

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WPCNR QUILL & SCANNER. From New York Public Interest Research Group. April 22, 2009 (EDITED): On the morning of County Executive Andrew Spano’s State of the County Speech this evening, the New York Public Interest Research Group has issued a news release urging Westchester to turn aside the county effort to eliminate individual item pricing in supermarkets and other retailers.


Consumer protection organizations Consumers Union and the New York Public Interest Research Group (NYPIRG) urge Westchester County legislators to reject a proposal to allow the county to waive the requirement that supermarkets and other retailers price each item they sell.  Legislators are considering adopting a waiver system that would allow retailers who show that their cash register scanners are accurate 98% of the time to be relieved of pricing each individual item for the following year.


 


On Monday, April 27, 2009, the Westchester Board of Legislators will vote on a bill that would effectively strip shoppers in Westchester of an important consumer right they have enjoyed for more than 30 years.  Consumers, particularly seniors and low- and moderate-income New Yorkers depend on item pricing laws when they shop.  New Yorkers want to pay the actual price, not play “register roulette” when buying food, clothes, home furnishings other common products.


 


“The proposal that merchants meet scanner accuracy standards is a no brainer—of course retailers should charge customers the right price—that’s a given,” said NYPIRG Consumer Attorney Tracy Shelton.  “And tightening up the requirements for signs and shelf stickers—as the County’s proposal would do—is a great idea.  But these improvements should be done in addition to item pricing, not as a replacement for pricing items individually.”


 


“Consumers are already confronting enough challenges in this tough economy without having to contend with the removal of price labels from individual grocery and retail items,” said Consumers Union Director of Programs Chuck Bell.  “Shoppers want to quickly find out what the prices of individual items are, and track their accuracy at checkout.  We appreciate that Westchester County has experienced significant difficulty achieving full compliance with the current law, but we are not persuaded that the proposed waiver system will advance the interests of consumers in having full and complete price information.”


 


 


 


            The groups pointed out that California regulators recently fined Wal-Mart $1.4 million for repeated cash register scanner errors.  Investigators involved in that case said that consumers were 3 ½ times more likely to be overcharged than undercharged when the price rang up incorrectly.


The groups pointed out the many benefits of item pricing laws, including:


■ Enabling consumers to monitor and verify whether scanners accurately ring up the correct price at the cash register.  Having a price sticker remains the easiest way for a consumer to compare a price at the cash register—without having to memorize the prices of dozens of items (or do percentage calculations on the spot) and recall them at the register.


Allowing consumers to easily tote up the cost of all the items in their shopping cart or basket.  When you’re on a tight budget, this is a great help in shopping. 


Ensuring that consumers, particularly older, infirm or disabled shoppers, do not have to search for a sign or shelf sticker with the price—particularly for items on top or bottom shelves.


Item pricing allows consumers to compare prices on similar products that are located in different parts of the store, for example comparing dry pasta with pasta in the refrigeration case.


The ability to compare the price on newly purchased items to prices on items being replaced at home so consumers can see how much a product has gone up in price, and compare prices between different brands and different retailers. 


 


The groups noted that it is a particularly bad idea to deny consumers valuable shopping information at a time of enormous, widespread financial hardship.  The proposal contains absolutely no guarantee—in fact it’s highly unlikely—that the substantial savings to supermarkets and other retailers will be passed on to consumers in the form of lower prices.  When the cost of oil spiked retail prices immediately jumped, yet retail prices haven’t dropped now that gas is down around $2 a gallon.  Thus the cost savings to retailers from waiving the County’s item pricing law will result in higher profits for retailers, but will not result in lower prices for consumers.


 


The groups urged Westchester residents to contact their County Legislators and the County Executive and tell them to say “no” to the plan for item pricing waivers and “yes” to keeping items on local store shelves individually priced.  The groups urged that any scanner accuracy law only be done as an addition to the item pricing law, not as a waiver substitute. 

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White Plains Office Rentals “Hold Own” Up slightly in 1Q Against County Decline

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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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Council Takes Up Urban Renewal Extension Thursday.

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WPCNR COMMON COUNCIL-CHRONICLE EXAMINER. From The City Clerk. April 22,2009: An agenda has been issued for  a Special Meeting of the Common Council Thursday evening, at which extension of cabaret licenses for two pubs, including one roundly criticised for rowdy patrons cluttering a neighbor-business parking lot. The Council will then take up the budgets of the Traffic Department, Recreation and Parks, and the White Plains Public Library (proposed to be cut some $640,000) and the North Street Community request for a special permit to run an assisted living facility out of the former St. Agnes Hospital, capital improvements on the Slater Center, zoning application fees. The agenda, written in the usual criptic, uninformative style City Hall is known for,  also talks about discussing Winbrook Community Houses, with no further explanation. The agenda:


COMMON COUNCIL


REVISED


AGENDA


SPECIAL  MEETING


April 23, 2009


6:00 P.M.


 


 


RESOLUTIONS:


 



1.                  Communication from the City Clerk in relation to a request submitted by La Colmena Restaurant Corp., d/b/a Karamba Cafe, 185 Main Street, requesting a waiver of the thirty (30) day notification requirement set forth in the New York State Alcoholic Beverage Control Law for the renewal of a liquor license.


 


2.                              Resolution of the Common Council of the City of White Plains waiving the thirty (30) day notification requirement set forth in Section 64(2)(a) of the New York Alcoholic Beverage Control Law in regard to an application submitted on behalf of La Colmena Restaurant Corp. d/b/a Karamba Cafe located at 185 Main Street for a renewal of its license to sell alcoholic beverages.


 


 


3.                  Environmental Findings Resolution regarding the proposed extension of the Special Permit for a Cabaret Use at 199 and 201 East Post Road on behalf of Tri-Kelly Inc.


 


4.                              Resolution of the Common Council of the City of White Plains approving the application submitted on behalf of Tri-Kelly, Inc., d/b/a Kelly’s Pub and Grill and the Thirsty Turtle for a three (3) year renewal of a Special Permit to allow the operation of a Cabaret Use at 199-201 East Post Road (Section 125.84, Block 4, Lot 3) subject to certain conditions contained herein.


 


DISCUSSION:


 


5.                  North Street Community, LLC – amendment to the Zoning Ordinance.


6.                  White Plains Housing Authority – Winbrook Community Buildings.


7.                  Capital Project – replace fuel pumps at Public Safety


8.                  Urban Renewal Central Renewal Project Plan – ten year extension.


9.                  Slater Center Rehabilitation – Community Development.


10.              Proposed amendment to the Zoning Ordinance – application fees.


11.              Entertainment of a motion to enter into executive session for the purpose of discussing the employment history of a particular person or persons.


12.              Proposed Tax Budget of the City of White Plains for Fiscal Year 2009 – 2010 – Traffic Department, Recreation and Parks Department and White Plains Public Library.

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LCOR: HERE’S NEW 55 BANK STREET PROJECT. CREDIT STILL FROZEN.582 Units on FISH

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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.


 


 


 



 


Bird’s-eye View of Plan. Bank Street at base of picture.The “Hotel-to-come” would be built on the green portion. The brown rectangles are the footprints of the two 28-story apartments. Units, Mr. Gilpatrick said, would be built smaller especially the 2-bedrooms, making up 582-units of which 117 would be affordable housing.


 


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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Prudential Rand Acquires Wolff Century 21

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WPCNR MAMARONECK AVENUE AMBLER.  April 21, 2009: Prudential Rand, the White Plains realtor, WPCNR has learned,  is acquiring the three remaining offices of Wolff Century 21. According to a source close to the Woff Century 21 operations, Prudential Rand will be taking over the Yonkers office and the Wolff Century21 office at 490 Mamaroneck Avenue will close, with employees moving from there to One North Broadway.

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PSC OKs CON ED HIKE OF14.3%. BILLS GO UP 6.1% With Legisltr Assessment Grab

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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:


 


“Once again the state Public Service Commission has put Con Edison’s interests ahead of those of the electric ratepayers of Westchester and New York City. This latest increase is unwarranted  and particularly in the midst of the current recession is a crushing blow to our residents and businesses already struggling to pay their bills,” County Executive Andrew Spano said.


 


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%


 


The state assessment is a straight cash payment decreed in the new state budget passed the first week of April, as first and exclusively reported, so far by WPCNR.


 


 Con Ed  is faced with an increase of 857% up from $33 Million the state charged Con Edison this year.The assessment increase affects all utilities’ intra (within) state revenues across the state and pours billions into the state General Fund for unspecified use “related to energy.”


 


One PSC Commissioner expressed bewilderment as to why the increased assessment was going to the general fund, but received no explanation from the PSC Administrative Law Judges who made the recommendations accepted today.


 


Con Ed’s Property Taxes Up 23%


 


In the course of testimony, it was reported that Con Edison pays $1 Billion in property taxes, and experienced a 23% increase in its property taxes this year from various communities and cities this year. The state assessment is separate from that amount.


 


The reasons for the Delivery Charge increase, separate from the $198 Million Assessment addition to the bill were Con Edison’s increases in pensions, were Con Edison’s cumulative property tax increases, rate relief, revenue return (10%), rate of depreciation of equipment, and the18A Assessment increase, in addition.



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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Ridgeway Country Club Seeks to Sell Its 120 Acres in Heart of WP

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WPCNR SOUTH END TIMES. Special to WPCNR. UPDATED APRIL 22, 2009, 3:50 P.M. : WPCNR has learned that the management of the private Ridgeway Country Club has sent out materials to local real estate brokerages in order to pick a company to market the sprawling 18-hole golf course facility in the heart of White Plains choice residential area.


Andrew Phillips, contacted at Grubb & Ellis New York City at the company’s Avenue of the Americas office told WPCNR, “I am not authorized to discuss anything about the deal. However, you may contact the club directly.”


Today, White Plains Commissioner of Planning, Susan Habel, issued a statement to WPCNR on the White Plains zoning in effect on the 120 acre site:


“The Zoning Ordinance permits residential development at 30,000 sf per lot in this district, however a subdivision would need to be done and this site has been determined previously by the Common Council to be an environmentally sensitive site. Any application would be subject to a full environmental review under SEQRA.”


Previously,  the City of White Plains had given up “right of first refusal” to the property as an assessment  certiorari settlement.


The property zoned residential is a developer’s dream, consisting of120 acres according to the City of White Plains Assessor’s Office. Sources with knowledge of the White Plains zoning, said the site is environmentally sensitive with ponds and wetlands,and is is zoned R-12.5, meaning about one home could be placed on a acre, allowing for possible development of  100 homes.


 

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CableTelevision Programming Suspended Until Friday for Upgrades.

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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. 

 

The community billboards will be running but without the pacifying light classical music.

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Bradley for Mayor; Buchwald, Roach, Smayda Nominated for Council

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WPCNR BACK ROOM BULLETIN. By John F. Bailey. April 21, 2009: The White Plains Democratic City Committee, as has been reported previously by WPCNR, nominated New York State Assemblyman Adam Bradley to run for Mayor of White Plains in the fall, and agreed with the Party Nominating Committee choices of  David Buchwald, a tax attorney, Beth Smayda, a financial marketing executive and analyst for MBIA, the insurance company, and Tom Roach, local lawyer and incumbent councilperson to run for a third four-year term.


Bradley as yet has no opposition for Mayor, and neither do the three candidates nominated for Common Council. To date no Republican standard-bearer has stepped forward saying “I’m running for Mayor,” or for Council.


Don Hughes said he was going to floor-challenge for a council slot at the Democrat City Committee Convention last night, but his candidacy was rejected.

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DOLLY HOOKED. WPPAC CITES FINANCES. TIMES TOLD FIRST. SCHEDULES $$-Raiser

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WPCNR STAGE DOOR. By John F. Bailey April 20, 2009 UPDATED 3:45 P.M. E.D.T:  Four days  after announcing  Hello, Dolly would be postponed exclusively to The New York Times, the news appearing in Saturday’s Times Westchester Section,  and in the paper’s  website, after telling WPCNR nothing had changed with the show or the theatre to WPCNR Friday afternoon, the White Plains Performing Arts Center issued a news release Monday announcing all performances of Hello, Dolly (April 29 to May 17)are cancelled due to financial reasons, without explaining what those financial reasons are, and announced a gala fundraiser for the theatre to be held June 1.


Persons who hold tickets to Hello, Dolly may receive full refund of their tickets or put their purchase of tickets as credit to the fall season, according to the news release,  which the former Executive Producer, apparently without a contract will be putting together. No resigning of Jack W. Batman, the Executive Producer has been announced. The release does not explain how a refund may be obtained.


Calling the theater at 914-328-1600 and pressing Extension10, gets you the general manager of the Theater, Kathy Davison, who is heard in a taped message, telling  the caller that “all ticketholders”  will be receiving a letter “perhaps as soon as today (Monday) explaining the reasons for the postponement, where the White Plains Performing Arts Center goes from here,  and what to do with your Hello, Dolly tickets. ” You are not told on the tape what to do with them.


Calling the box office, the caller receives a message making no reference to the Dolly situation.


WPCNR had learned through sources over a month ago that the show had been cancelled (musicians who had been released from the show), yet the White Plains Performing Arts Center Foundation would not confirm the show was in trouble and was supposedly still going on as of last Friday. Ticketholders were not notified, so imagine their surprise reading about the postponement in The Times Westchester Section Saturday.


 


 


 


The Chairman of the White Plains Performing Arts Center Foundation which still has four years to run on a contract to run the theatre with the City of White Plains, had not responded to WPCNR e-mail requests Saturday morning as to whether Jack Batman, the theatre’s Executive Producer through March 31 when his contract expired, was still being paid or acting pro buono by the foundation.  His status continues unclear.


The Foundation also did not respond to WPCNR’s questions asked Saturday, and repeated today, whether Mr. Batman and Mr. Ioris, the Foundation chair were seeking to purchase the theatre from the city; whether, as Louis Cappelli spokesperson Geoffrey Thompson told WPCNR, Mr. Cappelli, the theatre’s number one financial “angel,” has informed the Foundation he will not support the theatre if the city withdrew its support; or whether Mr.Cappelli was seeking to purchase the theatre back from the city.  


The city  is currently attempting to close a reported  $12.4 Million budget gap, and sale of the theatre would certain close some of that gap, observers on Cablevision and Verizon’s White Plains Week, the city news roundup show have noted.


In the news release issued today, Jack W.  Batman, apparently is still running things from a production standpoint in some capacity, saying he would announce a fall season in late May or June and sell subscriptions then.


According to the news release, and WPCNR quotes:


In making the announcement, Mr. Batman said, “With the economy faltering and in my effort to be fiscally prudent, it is necessary to step back and re-evaluate our plans so that we may continue to produce the high-quality shows that our audiences have told me they want. We’ve built a lot of momentum over the last two seasons – a very short time by anyone’s reasoning. In order to keep on an upward course, while all around us the ground is shaking, we think it best to re-schedule our production of Hello, Dolly!  I don’t want to cut corners and give our audiences a production that is less than it deserves to be or what they’ve come to expect. New playing dates for Hello, Dolly! will be announced at a later time.”            


The not-for-profit White Plains Performing Arts Center will announce its 2009-2010 season in late May, or early June. Subscriptions go on sale at that time.


Refunds Offered — Plea to Apply to New Season


 “Hello, Dolly! ticket holders will receive full value and may request a refund or apply the unused amount to a new or renewal subscription,” said Mr. Batman, “but it will certainly help our cash flow more if ticket holders apply the amount owed them to a subscription for the new season of Broadway Classics, which we intend to make more affordable than ever as part of our own economic stimulus package.”


      Mr. Batman continued, “Over the past two seasons the White Plains Performing Arts Center has enjoyed extraordinary critical acclaim and audience support, with subscriptions growing with every show and our seven major musical productions on budget and selling well.  But the wobbly economy has recently stepped into a leading role here and we find that our contributed income is not where it should be. As I tell our audiences before nearly every performance, ticket sales only cover 30-35% of our annual operating expenses. Every other dollar needs to be contributed.


 To help us over this little bump in the road, we will be hosting a fundraising event, One Enchanted Evening, on Monday, June 1, 2009 as a benefit for the theatre. Part of the evening’s activities, which also features cocktails, dinner and a silent auction, will be an entertainment featuring some of the stars of the musicals that we’ve produced over the last two years, plus other celebrity appearances. Benefit tickets are on sale now at the box office.”


           


 


 


 

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