Miscellaneous_Notices$Hearings Miscellaneous Notices/Hearings

2/18/15 N.Y. St. Reg. Miscellaneous Notices/Hearings

NEW YORK STATE REGISTER

VOLUME XXXVII, ISSUE 7

February 18, 2015

MISCELLANEOUS NOTICES/HEARINGS

 

Notice of Abandoned Property Received by the State Comptroller

Pursuant to provisions of the Abandoned Property Law and related laws, the Office of the State Comptroller receives unclaimed monies and other property deemed abandoned. A list of the names and last known addresses of the entitled owners of this abandoned property is maintained by the office in accordance with Section 1401 of the Abandoned Property Law. Interested parties may inquire if they appear on the Abandoned Property Listing by contacting the Office of Unclaimed Funds, Monday through Friday from 8:00 a.m. to 4:30 p.m., at:

1-800-221-9311 or visit our web site at: www.osc.state.ny.us

Claims for abandoned property must be filed with the New York State Comptroller's Office of Unclaimed Funds as provided in Section 1406 of the Abandoned Property Law. For further information contact: Office of the State Comptroller, Office of Unclaimed Funds, 110 State St., Albany, NY 12236.

NOTICE OF PUBLIC HEARING

REVISED Department of Environmental Conservation

Water Quality Standards for Class I and Class SD Waters in New York City and Suffolk County: Amendment of Parts 701 and 703 of Title 6 NYCRR

A Notice of Proposed Rulemaking and Hearing was published in the December 3, 2014 issue of the State Register.

The public hearing for this proposed rulemaking was scheduled to be held on January 27, 2015 in New York City, but the hearing was postponed due to a blizzard warning.

The hearing has been rescheduled for:

Date: March 9, 2015

Time: 12:00 PM

Location: US Environmental Protection Agency, 290 Broadway, Rm. 27A, New York, NY 10007.

The public comment period for this proposed rulemaking has been extended until Monday, March 16, 2015. Comments must be submitted to the Department by 5:00 PM on March 16.

PUBLIC NOTICE

Division of Criminal Justice Services New York State Juvenile Justice Advisory Group

Pursuant to Public Officer Law § 104, the Division of Criminal Justice Services gives notice of a meeting of the New York State Juvenile Justice Advisory Group:

Date:	March 6, 2015
Time:	1:30 p.m. - 3:30 p.m.
Place:	New York State Executive Chamber
	633 Third Ave., 38th Fl.
	New York, NY 10007
Video Conference with:
	Division of Criminal Justice Services
	80 S. Swan St., 1st Fl. Crime Stat Rm.
	Albany, NY 12210

For further information contact: Schellie Tedesco, Office of Juvenile Justice Policy, Division of Criminal Justice Services, 80 S. Swan St., 8th Fl., Albany, NY 12210, [e-mail], [phone], Fax: [phone]

PUBLIC NOTICE

Department of Health

The New York State Department of Health (DOH) is required by the provisions of the federal regulation (CMS-2296-F, CMS-2249-F) implementing changes to Home and Community Based Services Waivers and the delivery of home and community based services more broadly to provide for public review and comment of its proposed Statewide Transition Plan to comply with new HCBS setting requirements established in the regulation. See 42 CFR 441.301(c)(6)(iii). These combined regulations make broad changes to the home and community based services waivers under 1915(c), implement the State Plan Home and Community Based Services Plan (1915(i)) authorized under the Affordable Care Act (PL 111-148, section 2402(b)), and establish the qualities and characteristics of appropriate settings in which participants of Medicaid HCBS under these authorities, including 1915(k), may reside and/or receive services.

CMS officials have indicated that states will have up to five years to fully transition their existing settings. States must develop the plan, publicize it broadly to stakeholders, seek and consider public comment through at least 2 separate methods of notice with 30 days to provide comment and submit a summary of public comments and their dispensation with its transition plan to CMS. New York posted its initial proposed transition plan and revised plan on the Department of Health Medicaid Redesign website and held several informational webinars on the plans in July of 2014 and January of 2015. In addition, New York State’s revised statewide transition plan is excerpted, in part, below. The full plan, along with accompanying tables detailing timetables and deliverables, is available at http://www.health.ny.gov/health_care/medicaid/redesign/home_community_based_settings.htm

Overview

On January 16, 2014, the Center for Medicare and Medicaid Services (CMS) published the final rule related to Home and Community Based Settings (HBCS) for Medicaid-funded long term services and supports provided in residential and non-residential settings under the following authorities of the Social Services Act: 1915(c), 1915(i) and 1915(k). This rule implements a number of changes to home and community based waivers, finalizes regulatory changes to 1915(i) state plan home and community based services and imposes new requirements on what is considered an appropriate home/community based residential setting for all the authorities in its scope. The crux of this final rule is to provide person-centered requirements which identify the strengths, preferences and needs (clinical and support), as well as the desired outcomes, of the individual. The inclusion of defined HCB setting requirements is one part of this strategy.

The final rule took effect March 17, 2014. States are required to submit transition plans to CMS within one year of the effective date indicating how they intend to comply with the new requirements within a reasonable time period. If states amend or renew any waivers or state plan amendments in place prior to the effective date, that action serves as a trigger for the state to submit a transition plan for all its waivers under 1915(c), as well as any state plan amendments under 1915(i) or 1915(k), within 120 days of the initial amendment/renewal submission.

The following is New York State’s Statewide Transition Plan pursuant to this requirement.

Background

New York State operates 12 1915(c) waivers across the four major offices that oversee programs and services to individuals who are aged and/or physically, behaviorally, mentally, developmentally or intellectually disabled. These agencies/offices are the Department of Health (DOH), Office of Mental Health (OMH), Office for People with Developmental Disabilities (OPWDD) and Office of Children and Family Services (OCFS). In addition, the Office for Alcohol and Substance Abuse Services (OASAS) provides services to some individuals in these waivers and participated in the development of the Statewide Transition Plan. We do not currently offer services through our state plan under a 1915(i) or 1915(k) authority, although we have applied to CMS for approval of a 1915(k) Community First Choice Option state plan amendment.

The following 1915(c) waivers are currently operating in New York State, the agency/office in parentheses operates the program under the oversight of the Department of Health, the state’s single Medicaid Agency.

• Long Term Home Health Care Program Waiver (DOH)

• Nursing Home Transition and Diversion Waiver (DOH)

• Traumatic Brain Injury Waiver (DOH)

• Care at Home Waivers (I, II, III, IV, and VI) – (I and II, DOH; III, IV and VI, OPWDD)

• Bridges to Health (B2H) Waivers (B2H Serious Emotional Disturbances, B2H Developmental Disabilities and B2H Medically Fragile) (OCFS)

• Home and Community Based Services (HCBS) Waiver (OPWDD)

• SED (Serious Emotional Disturbances) Children’s Waiver (OMH)

In addition, the above agencies/offices offer significant home and community based LTSS through our Medicaid state plan and DOH provides HCB services under the NY Partnership Plan 1115 Demonstration Waiver. The rule does not apply to state plan services outside of 1915(i) and 1915(k) authorities. However, CMS has indicated that it expects NYS to address the application of the HCB Settings rule to all HCB services provided through its 1115 Demonstration in this Statewide Transition Plan.

Most individuals receiving services through these waivers are living in their own homes or those of family members where they enjoy the qualitative benefits of receiving services in the community as opposed to in an institution. However, there are individuals who live in congregate housing, adult care facilities and supportive housing where their autonomy, independence and community integration may be less apparent, including children and youth where their rights are delegated to their parents or guardians.

New York has affirmed its commitment to serving individuals with disabilities in the least restrictive environment under Governor Andrew Cuomo’s leadership. In 2012, the Governor introduced legislation to establish the Justice Center to ensure protection against abuse and neglect of individuals with special needs. The Justice Center became operational in 2013. Also in 2012, he convened the Olmstead Development and Implementation Cabinet, which met with over 160 stakeholder groups and reviewed over 100 position papers before releasing its report in October 2013. This report lays out recommendations for New York policymakers to continue efforts to ensure that individuals with disabilities are provided the services and supports they need that reflect their choice and support their goals to live an independent and fully integrated life in the community.

Consistent with these efforts, New York State convened an interagency workgroup in 2014 to address how best to comply with the requirements of the new settings rule. The group met regularly to ensure that a cohesive Statewide Transition Plan was developed to address the unique needs of individuals across a wide variety of community-based settings. The interagency workgroup includes representatives from the Executive Chamber, DOH, OMH, OPWDD, OCFS, and OASAS. Five meetings were held between January and December to develop the transition plan that follows. This group will continue to meet to ensure full implementation of the plan and to work with stakeholders to carry out the assessment, remediation and ongoing monitoring activities in the plan.

Home and Community Based Setting Requirements

42 CFR § 441.301(c)(4) and (5) requires that all settings in which individuals receiving Medicaid-funded home and community based services live and/or receive services must have the following characteristics and qualities:

(i) The setting is integrated in and supports full access of individuals receiving Medicaid HCBS to the greater community, including opportunities to seek employment and work in competitive integrated settings, engage in community life, control personal resources, and receive services in the community, to the same degree of access as individuals not receiving Medicaid HCBS.

(ii) The setting is selected by the individual from among setting options, including non-disability specific settings and an option for a private unit in a residential setting. The setting options are identified and documented in the person-centered service plan and are based on the individual's needs, preferences, and, for residential settings, resources available for room and board.

(iii) Ensures an individual's rights of privacy, dignity and respect, and freedom from coercion and restraint.

(iv) Optimizes but does not regiment individual initiative, autonomy, and independence in making life choices, including but not limited to, daily activities, physical environment, and with whom to interact.

(v) Facilitates individual choice regarding services and supports, and who provides them.

The rule imposes further requirements on settings that are provider owned or controlled. The following qualities and/or conditions must be assured in these settings:

(A) The unit or dwelling is a specific physical place that can be owned, rented or occupied under a legally enforceable agreement by the individual receiving services, and the individual has, at a minimum, the same responsibilities and protections from eviction that tenants have under the landlord tenant law of the State, county, city or other designated entity. For settings in which landlord tenant laws do not apply, the State must ensure that a lease, residency agreement or other form of written agreement will be in place for each participant and that the document provides protections that address eviction processes and appeals comparable to those provided under the jurisdiction's landlord tenant law.

(B) Each individual has privacy in their sleeping or living unit:

(1) Units have entrance doors lockable by the individual, with only appropriate staff having keys to doors as needed.

(2) Individuals sharing units have a choice of roommates in that setting.

(3) Individuals have the freedom to furnish and decorate their sleeping or living units within the lease or other agreement.

(C) Individuals have the freedom and support to control their own schedules and activities, and have access to food at any time.

(D) Individuals are able to have visitors of their choosing at any time.

(E) The setting is physically accessible to the individual.

Finally, the rule asserts that hospitals, nursing homes, institutional care facilities (ICF) for the developmentally disabled and institutes for mental disease are not community-based settings. Further, settings on the grounds of public or private institutions and those in close proximity to public institutions are presumed to be institutional rather than community-based. New York State understands that it has the burden of providing evidence to the Secretary of Health and Human Services (HHS) if it believes that such a setting should be considered community-based for the purpose of allowing the provision of Medicaid-funded HCBS LTSS to individuals who reside there.

Summary of Activities to Develop Statewide Transition Plan (STP)

Assessment of State/Systemic Framework and Existing Settings

The NYS DOH, OMH, OPWDD, OCFS and OASAS staff assigned to the interagency workgroup reviewed existing state rules, regulations, provider qualifications, and practices to ensure that there were no systemic barriers to the implementation of the new HCB settings requirements that cannot be addressed through the proposed remediation plan activities. This review found the state framework to be consistent with the federal rule.

Residential Settings

Staff reviewed the residential settings in which recipients of HCB services provided through the 1915(c) and 1115 waivers live and in the majority of cases found that participants live in their own home or family homes, which the state determines to be compliant with the rule. DOH and OMH determined that virtually all of their waiver participants live in fully compliant settings. The exceptions in the DOH TBI waiver are individuals who chose to live in a setting that may be partially compliant from among other options, which the regulation allows. There are no exceptions in the OMH SED waiver, which serves individuals between the ages of 5 and 17, all of whom reside in their family home.

OCFS notes that virtually all of its participants in the Bridges 2 Health Waivers live in family homes, however at any given time a number of participants may live in a congregate care foster home while awaiting placement in a family home. OCFS staff attest that these congregate settings have all the features one would find in a typical private home including kitchens with cooking facilities, community dining areas, living space for leisure time activities and bedrooms. Since the homes are located within the community there is ready access to activities and facilities available to the general population of the locale. The children are able to access and attend school within their communities, and utilize services fairly freely, and have the opportunity to build meaningful relationships with community members and community organizations.

While the majority of participants in all waivers live in fully compliant settings, the largest number of individuals in partially compliant settings are participants in the 1915(c) HCBS Waiver operated by the OPWDD. OPWDD has developed a specific HCBS settings transition plan to submit with its HCBS Waiver renewal anticipated to be resubmitted to CMS in 2015. Its components that are aligned with the statewide efforts are reflected in the Statewide Transition Plan. OPWDD’s Transition Plan has further detail on planned activities unique to its system.

Non-residential settings

New York State’s waiver participants receive HCB services both in their own homes and in the community. Some settings in which services are provided may not be fully compliant with the new federal rule. As part of the Statewide Transition Plan, New York’s agencies and offices operating 1915(c) and/or 1115 waivers will assess non-residential settings through provider and participant surveys, validating self-assessment with statistically significant site visits by state or local staff, plan staff or other entities (i.e. contractors, consumer advocacy organizations).

Remedial Strategies

While the vast majority of waiver participants reside in compliant settings, the interagency workgroup recommended that remedial strategies include (1) ensuring that providers and participants are aware of the requirements and (2) that monitoring procedures and practices ensure that they are fully implemented in residential and non-residential settings in which recipients of HCB services funded by Medicaid live and/or receive services. In addition, the state has a significant role to play in assuring that the intent of the rule is carried out consistently across the state by the myriad of providers, local agencies, managed care and managed long term care plans and other entities providing services to HCB service recipients.

Toward that end, the interagency workgroup will continue to meet and will work with stakeholders to develop guidance documents and other means to assure full compliance and a smooth implementation process.

This will also be the venue for the development of survey and evaluation tools to assess the appropriateness of non-residential settings and initial and ongoing compliance with the federal rule. Stakeholders will be involved in this process, as well, to assure that developed tools allow providers to effectively self-assess their settings to assure the presence of the qualities and characteristics of allowable HCB Settings.

The state will validate provider self-assessments using developed evaluation tools by deploying state or local staff, managed care organizations, long term care ombudsmen, contractors, HCB service recipients and/or consumer advocacy organizations to a statistically significant number of sites for compliance reviews.

Monitoring for Ongoing Compliance

New York State currently employs a variety of quality assurance and monitoring practices to meet the terms and conditions of its current 1915(c) and 1115 waivers. The state assures that these practices will be amended to include ensuring that the settings where recipients of HCB services and supports live and/or receive services comply with the requirements of the federal rule. This will be accomplished through guidance developed by the interagency workgroup with stakeholder input and implemented both through site visits and the person-centered service planning process. The Assessment of Residential Settings Chart includes the timing of planned site visits and the Statewide Transition Plan Timeline includes timeframes for the development of additional monitoring activities for both residential and non-residential settings.

Public Input

Initial Plan

The State developed its initial draft Statewide Transition Plan between March and June of 2014. This plan was published on a page devoted to the Home and Community Based Services Settings Rule on the State website on June 26, 2014 at http://www.health.ny.gov/health_care/medicaid/redesign/home_community_based_settings.htm.

Subsequently, two Webinars were held in July to inform interested parties across the state of the requirements of the federal rule and the State’s efforts to develop a transition plan. The identical presentations and a recorded version of the first session were posted and remain available on the website. This page also allows stakeholders and the general public electronic access to the final rule published in the Federal Register on January 16, 2014.

In addition, the State published a notice about the draft Statewide Transition Plan in the August 27, 2014 State Register at http://docs.dos.ny.gov/info/register/2014/august27/pdf/misc.pdf.

Finally, staff at each of the agencies/offices operating waivers under 1915(c) and 1115 of the Social Security Act included information about the federal rule, its impact and the state’s proposed transition plan in numerous presentations to stakeholder groups, including recipients of HCB services and supports and their representatives, across the state.

Summary and Disposition of Public Comments

Five organizations submitted written comments to the State regarding the initial Statewide Transition Plan.

The comments specific to the draft statewide transition plan are summarized here. Generally, organizations felt that:

• the proposed transition plan is too vague,

• it lacks stakeholder involvement in its development and implementation, and

• it pushes compliance too far into the future.

The State agrees that the initial plan did not include the specific assessment, remediation and monitoring milestones, timeframes and deliverables that CMS guidance released in late Spring noted was expected to be included in plans submitted for approval. Accordingly, the revised Statewide Transition Plan includes these components.

To address concerns about the lack of stakeholder involvement in the initial plan, the revised plan calls for a significant role for stakeholders in developing survey and evaluation tools and participating in the implementation of the specified activities to achieve full compliance in all settings across the state.

Finally, the State has amended the state plan to better define the actions we will take to achieve compliance while providing ample time for providers to implement necessary changes.

The final rule, slides and recording of an informational Webinar held on January 22, 2015 and New York’s initial and revised Statewide Transition Plans in their entirety, including charts referenced above, are available at: http://www.health.ny.gov/health_care/medicaid/redesign/home_community_based_settings.htm

Any interested parties and/or agencies desiring to review and/or comment on New York’s proposed Statewide Transition Plan on appropriate settings for recipients of home and community based services funded by Medicaid may do so by writing before March 11, 2015 to: Mark Kissinger, Director, Division of Long Term Care, Department of Health, Office of Health Insurance Programs, One Commerce Plaza, Rm. 1624, Albany, NY 12210, e-mail: [e-mail] or [e-mail] with “HCBS Settings Comment” in the subject field

PUBLIC NOTICE

New York State and Local Retirement Systems Unclaimed Amounts Payable to Beneficiaries

Pursuant to the Retirement and Social Security Law, the New York State and Local Retirement Systems hereby gives public notice of the amounts payable to beneficiaries.

The State Comptroller, pursuant to Sections 109(a) and 409(a) of the Retirement and Social Security Law has received, from the New York State and Local Retirement Systems, a listing of beneficiaries or estates having unclaimed amounts in the Retirement System. A list of the names contained in this notice is on file and open to public inspection at the office of the New York State and Local Retirement Systems located at 110 State St., in the City of Albany, New York.

Set forth below are the names and addresses (last known) of beneficiaries and estates appearing from the records of the New York State and Local Retirement Systems, entitled to the unclaimed benefits.

At the expiration of six months from the date of publication of this list of beneficiaries and estates, unless previously paid to the claimant, the amounts shall be deemed abandoned and placed in the pension accumulation fund to be used for the purpose of said fund.

Any amounts so deemed abandoned and transferred to the pension accumulation fund, may be claimed by the executor or administrator of the estates or beneficiaries so designated to receive such amounts, by filing a claim with the State Comptroller. In the event such claim is properly made, the State Comptroller shall pay over to the estates or to the person or persons making such claim, the amount without interest.

ABRAMSON,MARK L ESTATE OF PORTLAND ME

BISSELL,SALLY HEUVELTON NY

BRADLEY,ALAN R MARCY NY

BRADLEY,CURTIS N CANTON NC

BRADLEY,ROGER S FORESTPORT NY

BUCKLEY,MILDRED ESTATE OF ALBANY NY

BUSH,ISABELLE LOWVILLE NY

CALDWELL,RALPHINE ESTATE OF NYACK NY

CODMAN,III JOHN OSSINING NY

COFFEY,MARGARET ESTATE OF EATON GA

CONKLIN,DAVID ANTHONY LAKE PEEKSKILL NY

COPELAND,ROBERT C KERHONKSON NY

COUTANT,ANN F ESTATE OF CRAGSMOOR NY

CUTCHIN,PAYTON WEST HEMPSTEAD NY

DAY,ISABEL ESTATE OF ROCHESTER NY

DINEEN,BONNIE LITTLE VALLEY NY

DINEEN,KATHY LITTLE VALLEY NY

DINEEN,SHARON LITTLE VALLEY NY

DINEEN,SUZANNE LITTLE VALLEY NY

DINEEN,TIMOTHY LITTLE VALLEY NY

DUNKEL,ROSLYN ESTATE OF NORTH MASSAPEQUA NY

FINNEGAN,PATRICIA MIDDLETOWN CT

FITZGERALD,THOMAS J ESTATE OF ISLIP TERRACE NY

FRIEDMAN,ANNETTE ESTATE OF SOUTHAMPTON NY

GOLDIE,PENNI ELMIRA HEIGHTS NY

GOREY,KATHRYN OSSINING NY

GOREY,KEVIN M,JR OSSINING NY

GOREY,KYLE OSSINING NY

GRYBER,ZACHARY TABERG NY

GUENTHER,MILDRED WEST SENECA NY

HAAK,MORGAN ALBION NY

HANLEY,HUGH V ESTATE OF OAK HILL VA

HANSEN,BRENT SCHENECTADY NY

HARTE,CAROL A HOWARD BEACH NY

HIRTREITER,BETTY JEAN EST OF TONAWANDA NY

HOPPER,SAMUEL J PORT SAINT LUCIE FL

HYLTON,TAHNIYA BRONX NY

JACKSON,CHRISTOPHER B BROOKLYN IN

JOHNSON,CHRISTINE G ELLENVILLE NY

JONES,JOANNE R UTICA NY

JOSEPH MIERZWA,ESTATE OF FLUSHING NY

JOSHUA,ALVIN A ESTATE OF PROVIDENCE RI

KERR,HARRIET A. ESTATE OF COLUMBUS OH

KIRMSS,ELIZABETH A ESTATE OF COEYMANS HOLLOW NY

LAMME,SUSAN E PENFIELD NY

LEFFENANT,LAVELL HUNTINGTON STATION NY

LOWERY,BRITTANEE D HYDE PARK NY

LYNCH,CLARICE P ESTATE OF COLLEGE PARK VA

MARCINELLI,SANTINA BUFFALO NY

MAROTTA,ZAFFA A WHITESBORO NY

MC FADYEN,LAUREN CORTLANDT MANOR NY

MC FADYEN,MICHAEL CORTLANDT MANOR NH

MC GIVERN,MARTHA ESTATE OF CONGERS NY

MCCORMICK,MICHAEL J ESTATE OF ROCHESTER NY

MESARIS,RAYMOND J ESTATE OF PORT CHARLOTTE FL

MIMS,LYTHEL I UTICA NY

MOERSCHELL,GERARD C MILTON NY

MONETTE,WILLIAM BUFFALO NY

MORSE,JEAN ESTATE OF CAPE VINCENT NY

MULLEN,MARIE K ESTATE OF MASSAPEQUA NY

MULLER,JUNE ESTATE OF ROME NY

PALERMO,CHRISTOPHER RONKONKOMA NY

PARSON,BRETT NEW HYDE PARK NY

PARSON,DERRICK,JR NEW HYDE PARK NY

PARSON,DERRICK,SR NEW HYDE PARK NY

PARSON,ROSHEAN NEW HYDE PARK NY

PECYLAK,HELEN ESTATE OF HASTINGS NY

PFENNINGER,SARAH E TONAWANDA NY

POLLOCK,MARGARET M AKRON OH

PRINCE,BETTY ELIZABETH EST OF ROCHESTER NY

RAMOS,BRIAN MAHOPAC NY

RAMOS,JENNIFER MAHOPAC NY

RAMOS,ROBERT L MAHOPAC NY

RICHARDSON,DE SEAN BROOKLYN NY

ROESCH,ROBERTA DE BLASIO OCEAN BEACH NY

SCHOMBERT,HAROLD P ESTATE OF WHITE PLAINS NJ

SHERLOCK,JAMIE CLAY NY

SHERLOCK,KARI HOMER NY

SOSNOWSKI,ANNE ESTATE OF ST CHARLES MO

SOY,SARAH W ORANGE NJ

SPIES,EDWARD MILLIS MA

TORRES,ANTHONY J ALBANY NY

TORRES,CHARLES F BUFFALO NY

TORRES,SELENA M ALBANY NY

TWITCHELL,MARY L MT UPTON NY

WALLER,CYNTHIA ESTATE OF MIRAMAR CA

WATSON,GERARD NORTHPORT NY

WEDDLE,JAMES MONTGOMERY NY

WOOD,DERECK W SARANAC NY

WOOD,KAYLYN M SARANAC NY

WOOD,KEAGAN M SARANAC NY

PUBLIC NOTICE

Office of Parks, Recreation and Historic Preservation

Pursuant to section 14.07 of the Parks, Recreation and Historic Preservation Law, the Office of Parks, Recreation and Historic Preservation hereby gives notice of the following:

In accordance with subdivision (c) of section 427.4 of title 9 NYCRR notice is hereby given that the New York State Board for Historic Preservation will be considering nomination proposals for listing of properties in the State and National Register of Historic Places at a meeting to be held on Wednesday, March 25, 2015 at 10:30 AM, at Peebles Island State Park, 1 Delaware Avenue, Cohoes, NY 12188.

The following properties will be considered:

1. Union and State Streets Historic District, Olean, Cattaraugus County

2. First Unitarian Church, Buffalo, Erie County

3. Stevens-Sommerfeldt House, Clarendon, Orleans County

4. Manhattan Beach Synagogue, Kings County

5. Williamsbridge Oval Park and Recreation Center, Bronx County

6. West Side Unitarian Church, New York County

7. Helen Hill Historic District, Saranac Lake, Essex and Franklin counties

8. Alligerville Historic District, Rochester, Ulster County

9. Charles H. Coons Farm, Germantown, Columbia County

10. Christian Hess House & Shoemaker’s Shop, Schoharie, Schoharie County

11. Canajoharie Historic District, Canajoharie, Montgomery County

12. Waccabuc Historic District, Lewisboro, Westchester County

13. William Barkin House, Long Beach, Nassau County

14. Skinny House, Mamaroneck, Westchester County

15. Murphy Grist Mill, Beekman, Dutchess County

16. Brigadier General David McCarty Stone Cottage, Coeymans, Albany County

17. Former Reformed Protestant Church of Coeymans Parsonage, Coeymans, Albany County

18. First Congregational Church of Walton, Walton, Delaware County

19. Clinton-Columbia Historic District, Elmira, Chemung County

20. Arvine Heights Historic District, Rochester, Monroe County

21. Inglewood-Thurston Historic District, Rochester, Monroe County

22. Liverpool Cemetery, Liverpool, Onondaga County

23. Conkling-Boardman-Eldridge House, Rensselaerville, Albany County

To be considered by the board, comments may be submitted to Ruth L. Pierpont, Deputy Commissioner for Historic Preservation, Division for Historic Preservation, Peebles Island, P.O. Box 189, Waterford, New York 12188-0189, no later than Tuesday, March 24 or may be submitted in person at the meeting by contacting Ruth L. Pierpont at the same address no later than March 24.

For further information, contact: Ruth L. Pierpont, Deputy Commissioner for Historic Preservation, Peebles Island, P.O. Box 189, Waterford, NY 12188-0189, [phone]

PUBLIC NOTICE

Office for People with Developmental Disabilities (OPWDD) Home and Community Based Services (HCBS) Settings Transition Plan

Pursuant to 42 CFR 441.301(c)(6)(iii), OPWDD hereby gives notice in order to obtain public comments on OPWDD’s revised HCBS Settings Transition Plan. The revised HCBS Settings Transition Plan includes updated information on non-residential settings based on guidance issued by the Centers for Medicare and Medicaid Services (CMS) in December 2014.

OPWDD’s initial HCBS Settings Transition Plan was formally made available for public comment from May 2, 2014 through June 3, 2014. Information on the initial Transition Plan and public comments as well as OPWDD’s HCBS settings actions and activities can be found on OPWDD’s website using the following link: http://www.opwdd.ny.gov/opwdd_services_supports/HCBS/home

A summary of the initial public comments received and OPWDD’s response is incorporated into the revised OPWDD HCBS Settings Transition Plan.

The full text of OPWDD’s revised Transition Plan is available on OPWDD’s website at: http://www.opwdd.ny.gov/opwdd_services_supports/HCBS/announcement-for-public-content

Public input is requested in writing no later than March 18, 2015 to the following email and/or mailing address:

[e-mail] (specify HCBS Settings Transition Plan comments in subject line)

Or

OPWDD

44 Holland Avenue, 4th Floor

Albany, New York 12229

Attention: DQI HCBS Settings

OPWDD will also accommodate input through private or group telephone contact no later than March 18, 2015. Contact Alicia Matuliewicz, OPWDD Division of Quality Improvement, at [phone] to make arrangements to provide verbal comments.

In addition, OPWDD will be hosting a public webinar to review the revisions to the HCBS Settings Transition Plan and to accept public comments during the following dates and times:

Webinar Session 1:	Monday February 23, 2015	3:00 PM to 4:30 PM
To register go to https://meetny.webex.com/meetny/onstage/
Webinar Session 2:	Tuesday February 24, 2015	5:00 PM to 6:30 PM
To register go to https://meetny.webex.com/meetny/onstage/

To join the audio conference only, please call one of the following numbers:

Local: 1-518-549-0500

Toll Free: 1-844-633-8697

Alternate Toll Free - (For callers not able to call the 844 Toll Free Number): 1-866-776-3553

Information regarding New York State’s Statewide HCBS Settings Transition Plan can be accessed on the Department of Health’s website using the following link: https://www.health.ny.gov/health_care/medicaid/redesign/home_community_based_settings.htm

PUBLIC NOTICE

Susquehanna River Basin Commission

Commission Meeting

SUMMARY: The Susquehanna River Basin Commission will hold its regular business meeting on March 5, 2015, in Hershey, Pennsylvania. Details concerning the matters to be addressed at the business meeting are contained in the Supplementary Information section of this notice.

DATE: March 5, 2015, at 9:00 a.m.

ADDRESS: Hershey Lodge, 325 University Drive, Hershey, Pa. 17033.

FURTHER INFORMATION CONTACT: Jason E. Oyler, Regulatory Counsel, telephone: [phone], ext. 1312; fax: [phone].

SUPPLEMENTARY INFORMATION: The business meeting will include actions or presentations on the following items: (1) informational presentation of interest to the Lower Susquehanna Subbasin area; (2) revision of FY-2016 budget; (3) ratification/approval of contracts/grants; (4) resolution to encourage the use of dry cooling technology for power generation and other facilities for the conservation of the waters of the Susquehanna River Basin; (5) notice for Four Seasons Golf Course project sponsor to appear and show cause before the Commission; (6) regulatory compliance matter for Cabot Oil & Gas Corporation; and (7) Regulatory Program projects.

Projects listed for Commission action are those that were the subject of a public hearing conducted by the Commission on January 29, 2015, and identified in the notice for such hearing, which was published in 80 FR 98, January 2, 2015.

Opportunity to Appear and Comment:

Interested parties are invited to attend the business meeting and encouraged to review the Commission’s Public Meeting Rules of Conduct, which are posted on the Commission’s website, www.srbc.net. As identified in the public hearing notices referenced above, written comments on the Regulatory Program projects that were the subject of a public hearing, and are listed for action at the business meeting, are subject to a comment deadline of February 9, 2015. Written comments pertaining to any other matters listed for action at the business meeting may be mailed to the Susquehanna River Basin Commission, 4423 North Front Street, Harrisburg, Pennsylvania 17110-1788, or submitted electronically through http://www.srbc.net/pubinfo/publicparticipation.htm. Any such comments mailed or electronically submitted must be received by the Commission on or before February 27, 2015, to be considered.

AUTHORITY: Pub. L. 91-575, 84 Stat. 1509 et seq., 18 CFR Parts 806, 807, and 808.

Dated: January 30, 2015.

Stephanie L. Richardson

Secretary to the Commission.

PUBLIC NOTICE

Uniform Code Regional Boards of Review

Pursuant to 19 NYCRR 1205, the petitions below have been received by the Department of State for action by the Uniform Code Regional Boards of Review. Unless otherwise indicated, they involve requests for relief from provisions of the New York State Uniform Fire Prevention and Building Code. Persons wishing to review any petitions, provide comments, or receive actual notices of any subsequent proceeding may contact Brian Tollsen, Building Standards And Codes, Department of State, One Commerce Plaza, 99 Washington Ave., Albany, NY 12231, [phone] to make appropriate arrangements.

2015-0015 Matter of Gary D. Garwig, Stantec Consulting Services, Inc., 61 Commercial St., Suite 100, Rochester, NY 14614 for a variance concerning public safety issues in a bus loop drop off area of a large office complex that has some parking associated with the loop.

Involved is the proposed rehabilitation of a designated bus loop serving the office complex. This rehabilitation work is proposed to include the installation of an asphalt parking surface. The building code requires that parking surfaces shall consist of noncombustible and nonabsorbent materials. The building contains a mixed occupancy B/ S-2 (Business/Low Hazard Storage) occupancy, is four stories in height of Type IB (fire resistive) construction, having a floor area of 2,880,000 square feet. The building containing the bus loop is commonly known as the Empire State Plaza, located in the downtown area of the City of Albany, Albany County, New York.

2014-0044, Dryden Baptist Church, c/o Ronald Miller, 138 Virgil Road, Dryden, NY 13053 for a variance related to an addition to a religious center at 138 Virgil Road, Town of Dryden, and Tompkins County, in accordance with the New York State Uniform Fire Prevention and Building Code.

Involved is the request of a variance for a required sprinkler system. The subject building is located at 138 Virgil Road, Town of Dryden, and Tompkins County, State of New York.

2015-0046 Matter of ANNE HERSH ARCHITECT, ANNE HERSH, 2 W. MARKET STREET, SUITE 205, CORNING, NY 14830, for a variance concerning safety requirements, including a required sprinkler system in a building, located at 15512 West Lake Road, Town of Putleney, County of Steuben, State of New York.