Miscellaneous_Notices$Hearings Miscellaneous Notices/Hearings

3/14/12 N.Y. St. Reg. Miscellaneous Notices/Hearings

NEW YORK STATE REGISTER

VOLUME XXXIV, ISSUE 11

March 14, 2012

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.

PUBLIC NOTICE

Education Department

In accordance with the standing of the Board of Regents and the Commissioner of Education as the nationally recognized accrediting agency for purposes of Title IV and other Federal funds for Phillips Beth Israel School of Nursing located in New York City, the State Education Department hereby gives notice that the Board of Regents has taken the following action:

• On January 10, granted institutional accreditation to Phillips Beth Israel School of Nursing for a period of five years, beginning Jan. 10, 2011 and ending Jan. 9, 2017.

PUBLIC NOTICE

Department of Environmental Conservation

Pursuant to subdivision 5 of Section 23-1101 of the Environmental Conservation Law, the New York State Department of Environmental Conservation hereby gives public notice of the following:

Consent to the requested Assignment of NYSDEC Leases / Revenue Contracts R-76665 and R-73715 from Grayhawk Energy, LLC. with offices located at 1315 Old Freeport Road Pittsburgh, Pennsylvania 15238 to Empire Energy E&P, LLC with offices located at 17 Arentzen Blvd., Suite 203, Charieroi, Pennsylvania 15022. Revenue Contract R-76665 was originally leased to Columbia Gas Transmission Corporation on January 17, 1974, consisting of 2,561.00 acres more or less of State owned lands known as Chautauqua County State Reforestation Area #2 and being located in the Towns of North Harmony and Sherman, Chautauqua County, New York. Revenue Contract R-73715 was originally leased to Columbia Gas Transmission Corporation on February 1, 1974, consists of 1,325.00 acres more or less of State owned lands Chautauqua County State Reforestation Area #11 and being located in the Town of North Harmony, Chautauqua County, New York. The Department intends to lease approved portions of such lands to Empire Energy E&P, LLC through the approval of the above referenced assignments for oil and gas well development.

For further information contact: Charles C. Roll, Department of Environmental Conservation, Division of Mineral Resources, 625 Broadway, 3rd Fl., Albany, NY 12233-6500, [phone]

PUBLIC NOTICE

Department of Health

Pursuant to 42 CFR Section 447.205, the Department of Health hereby gives public notice of the following:

The Department of Health proposes to amend the Title XIX (Medicaid) State Plan for long term care services to comply with enacted statutory provisions. The following significant changes are proposed:

Long Term Care Services

Scheduled short term care in nursing facilities is available to individuals who are determined to need nursing facility care but are being cared for by someone in the community and are not in a home and community based services (HCBS) waiver. Short term care admissions are intended to provide temporary relief to the client's caregiver(s). The proposed amendment to the State Plan will enable clients under age eighteen, who are in the Care At Home (CAH) I/II waiver, to access short term care stays in nursing facilities and will allow Medicaid reimbursement for the short term stay on or after the effective date of March 15, 2012.

The additional estimated annual change to gross Medicaid expenditures as a result of the clarifying proposed amendment is minimal and is essentially cost neutral as demonstrated through the waiver.

The public is invited to review and comment on this proposed state plan amendment. Copies of which will be available for public review on the Department's website at http://www.health.ny.gov/regulations/state_plans/status.

Copies of the proposed state plan amendment[s] will be on file in each local (county) social services district and available for public review.

For the New York City district, copies will be available at the following places:

New York County 250 Church Street New York, New York 10018

Queens County, Queens Center 3220 Northern Boulevard Long Island City, New York 11101

Kings County, Fulton Center 114 Willoughby Street Brooklyn, New York 11201

Bronx County, Tremont Center 1916 Monterey Avenue Bronx, New York 10457

Richmond County, Richmond Center 95 Central Avenue, St. George Staten Island, New York 10301

The public is invited to review and comment on this proposed state plan amendment.

For further information and to review and comment, please contact: Department of Health, Bureau of HCRA Operations & Financial Analysis, Corning Tower Bldg., Rm. 984, Empire State Plaza, Albany, NY 12237, [phone], [phone] (FAX), e-mail: [e-mail]

PUBLIC NOTICE

Department of Health

Pursuant to 42 CFR Section 447.205, the Department of Health hereby gives public notice of the following:

The Department of Health proposes to amend the Title XIX (Medicaid) State Plan for non-institutional services to comply with enacted State statute. This notice provides clarification to the Certified Home Health Agency episodic pricing provisions previously noticed on March 30, 2011 and December 28, 2011:

Non-Institutional Services

The following clarifies and expands upon the previously noticed provisions, effective April 1, 2012, related to Medicaid payments for services provided by Certified Home Health Agencies (CHHAs):

- Reimbursement for maternity patients, defined as patients who are currently or were recently pregnant and are receiving treatment as a direct result of such pregnancy, may be made pursuant to this section without the submission of an OASIS form, provided that providers billing for such patients must bill in accordance with such special billing instructions as may be established by the commissioner and such patients shall be grouped in a case mix designation based on the lowest acuity resource group.

Copies of the proposed state plan amendments will be available for public review on the Department's website at: http://www.health.ny.gov/regulations/state_plans/status

In addition, copies will be on file in each local (county) social services district. For the New York City district, copies will be available at the following places:

New York County 250 Church Street New York, New York 10018

Queens County, Queens Center 3220 Northern Boulevard Long Island City, New York 11101

Kings County, Fulton Center 114 Willoughby Street Brooklyn, New York 11201

Bronx County, Tremont Center 1916 Monterey Avenue Bronx, New York 10457

Richmond County, Richmond Center 95 Central Avenue, St. George Staten Island, New York 10301

The public is invited to review and comment on this proposed state plan amendment. For further information or to submit a comment, please contact: Department of Health, Bureau of HCRA Operations & Financial Analysis, Corning Tower Bldg., Rm. 984, Empire State Plaza, Albany, NY 12237, [phone], [phone] (FAX), e-mail: [e-mail]

PUBLIC NOTICE

Monroe County, New York Notice of Final Request for Proposals (RFP)

NOTICE IS HEREBY GIVEN, that sealed proposals are sought and requested by the County of Monroe, New York for the performance of the following contract, according to terms of the final RFP:

PROPOSAL FOR THE OPERATION AND MAINTENANCE OF THE MONROE COUNTY RECYCLING CENTER AND PROGRAM

Monroe County, New York is soliciting proposals for the Operation and Maintenance of the County Recycling Center and Program for a Contract with a minimum term of approximately six (6) years, unless Respondents can justify a longer-term Contract, such as by capital investment, up to a maximum of twenty-five (25) years. These operations include the receiving, processing, marketing and residual disposal associated with residential-generated recyclables collected by private and public haulers. Prospective Respondents must offer a proposal that will meet the scope of services, qualifications and general description of work activities identified in the final Request for Proposals (RFP).

A draft RFP was issued on December 30, 2011 pursuant to the provisions of New York General Municipal Law (NY GML) § 120-w. All comments and questions regarding the draft RFP from prospective Respondents and the public will be incorporated as appropriate into the final RFP, or filed with the final RFP, as set forth in the RFP document.

The final RFP will be released on March 16, 2012 in accordance with the timeline and regulations set forth in New York General Municipal Law (NY GML) § 120-w. The final RFP will be available for download from the Monroe County website, at http://www.monroecounty.gov/bid/rfps. Individuals must register through the Monroe County website to obtain the PDF version of the final RFP. In addition, the final RFP will be on file at the Monroe County Clerk's Office, 39 West Main Street, Room 101, Rochester, NY, 14614, and at the Central Library of Rochester and Monroe County, 115 South Avenue, Rochester, NY, 14604.

Monroe County is soliciting proposals by 3:00 PM EST on April 6, 2012. Any verbal or other communication sent or made to anyone other than to the RFP Coordinator will not be considered and may be cause for rejection of the Respondent's proposal. Respondents' proposals are due to the RFP Coordinator in accordance with the timeline and proposal requirements listed in the final RFP at the Monroe County Division of Purchasing and Central Services, 39 West Main Street, Room 200, Rochester, NY, 14614.

PUBLIC NOTICE

Department of State F-2011-0198 (DA) Date of Issuance - March 14, 2012

The New York State Department of State (DOS) is required by Federal law to provide timely public notice for the activity described below, which is subject to the consistency provisions of the Federal Coastal Zone Management Act of 1972, as amended.

The United States Department of Defense, Army Corps of Engineers - has determined that the proposed activity complies with and will be conducted in a manner consistent to the maximum extent practicable with the approved New York State Coastal Management Program. The consistency determination and accompanying public information and data is available for inspection at the New York State Department of State offices located at One Commerce Plaza, 99 Washington Avenue in Albany, New York.

In F-2011-0198 (DA), The U.S. Army Corps of Engineers (Corps) has submitted a consistency determination for the Final Notice for the reissuance of the Nationwide Permits (NWPs), general conditions, and definitions. The Corps also announced the issuance of two new NWPs, three new general conditions, and three new definitions. These NWPs are issued on a national basis to streamline the authorization of activities that result in minimal individual and cumulative adverse effects on the aquatic environment. More information on the 2012 Nationwide Permits can be found on the U.S. Army Corps of Engineers-Headquarters website at: http://www.usace.army.mil/Missions/CivilWorks/RegulatoryProgramandPermits/NationwidePermits.aspx.

A Division may elect to add regional conditions specific to the needs of a particular region. The New York District Corps is the lead agency for NWP consistency compliance with the New York Coastal Management Program and have provided regional conditions on behalf of the New York and Buffalo Districts.

DOS previously reviewed the draft NWPs in 2011 under the same file number [F-2011-0198 (DA)] and placed conditions upon its concurrence with the consistency determination for the draft permits on April 29, 2011.

Any interested parties and/or agencies desiring to express their views concerning the above proposed activities may do so by filing their comments, in writing, no later than 4:30 p.m., 30 days from the date of publication of this notice, or, April 13, 2012.

Comments should be addressed to the New York State Department of State, Division of Coastal Resources, Attn: Consistency Review Unit, One Commerce Plaza, 99 Washington Avenue, Suite 1010, Albany, New York 12231. Telephone [phone]; Fax [phone]. Comments can also be submitted electronically via e-mail at: [e-mail].

This notice is promulgated in accordance with Title 15, Code of Federal Regulations, Part 930.

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 Steven Rocklin, Codes Division, Department of State, One Commerce Plaza, 99 Washington Ave., Albany, NY 12231, [phone] to make appropriate arrangements.

2012-0061 Matter of New York State Office of Mental Health, 40 Holland Avenue Albany NY 12229 for a variance concerning various building code requirements, including area of refuge requirements.

Involved is a new building, known as Transitional Living, group I1, institutional occupancy classification, located at 1500 Waters Place, Bronx County, State of New York.

2012-0062 Matter of New York State Office of Mental Health, 40 Holland Avenue Albany NY 12229 for a variance concerning various building code requirements, including area of refuge requirements.

Involved is a new building, known as Studio Apartments, group I1, institutional occupancy classification, located at 1500 Waters Place, Bronx County, State of New York.

2012-0063 Matter of New York State Office of Mental Health, 40 Holland Avenue Albany NY 12229 for a variance concerning various building code requirements, including area of refuge requirements.

Involved is a new building, known as Safe Horizon – Haven House, group I1, institutional occupancy classification, located at 1500 Waters Place, Bronx County, State of New York.

2012-0129 Matter of Brocton Central School, 138 West Main Street, Brocton, New York, 14716 for a variance concerning the NYS Building Code 2010 Edition and NYS Building Code 2010 edition. Code Section 3109.7 Swimming Pool Alarm A swimming pool or spa installed, constructed or substantially modified after December 14, 2006, shall be equipped with an approved pool alarm.

Involved is the petitioner request to waive requirement of Section 3109.7 of the required pool alarm and provide acceptable alternatives that would meet the intent of the building code. The subject property consists of a 2 Story Building Occupancy Group E (Educational), Type IIA & IIB Construction, having a cumulative gross floor area of 185,758 square feet. The building is known as Brocton Central School, 138 West Main Street, Brocton, Chautauqua County, State of New York.

SALE OF FOREST PRODUCTS

Chenango Reforestation Area No. 2 Contract No. X008570

Pursuant to Section 9-0505 of the Environmental Conservation Law, the Department of Environmental Conservation hereby gives Public Notice for the following:

Sealed bids for 1,035 tons +/- red pine, 1.0 MBF +/- white ash, 0.7 MBF +/- red maple, 0.3 MBF +/- black cherry, 0.1 MBF +/- hard maple, 32 cords +/- hardwood firewood, located on Chenango Reforestation Area No. 2, Stands E-3.1 and E-3.2, will be accepted at the Department of Environmental Conservation, Contract Unit, 625 Broadway, 10th Fl., Albany, NY 12233-5023 until 11:00 a.m. on Thursday, March 22, 2012.

For further information, contact: Robert Slavicek, Supervising Forester, Department of Environmental Conservation, Division of Lands and Forests, Region 7, 2715 State Hwy. 80, Sherburne, NY 13460-4507, [phone]

SALE OF FOREST PRODUCTS

Chenango-Madison Reforestation Area Nos. 1 and 2 Contract No. X008583

Pursuant to Section 9-0505 of the Environmental Conservation Law, the Department of Environmental Conservation hereby gives Public Notice of the following:

Sealed bids for 29.8 MBF+/- black cherry, 21.5 MBF+/- white ash, 20.8 MBF+/- hard maple, 6.6 MBF+/- red maple, 0.1 MBF+/- basswood, 0.4 MBF hemlock, 133 cords +/- hardwood firewood, located on Chenango-Madison Reforestation Area Nos. 1 and 2, Stands (#1) C-20 & 22, and (#2) Stands B-5 & 19, will be accepted at the Department of Environmental Conservation, Contract Unit, 625 Broadway, 10th Fl., Albany, NY, 12233-5023 until 11:00 a.m., Thursday, March 22, 2012.

For further information contact: Robert Slavicek, Supervising Forester, Department of Environmental Conservation, Division of Lands and Forests, Region 7, 2715 State Hwy. 80, Sherburne, NY 13460-4507, [phone]

SALE OF FOREST PRODUCTS

Oswego Reforestation Area No. 1 Contract No. X008574

Pursuant to Section 9-0505 of the Environmental Conservation Law, the Department of Environmental Conservation hereby gives Public Notice of the following:

Sealed bids for 221.0 MBF more or less of softwood sawtimber and 189.0 tons more or less of softwood pulpwood, located on Oswego Reforestation Area No. 1, Kasoag State Forest, Stands A-27, 28, and 30, will be accepted at the Department of Environmental Conservation, Contract Unit, 625 Broadway, 10th Fl., Albany, NY 12233-5023 until 11:00 a.m., Thursday, March 22, 2012.

For further information, contact: Daniel Sawchuck, Forester 1, Department of Environmental Conservation, Division Lands and Forests, Region 7, 1285 Fisher Ave., Cortland, NY 13045-1090, [phone]

SALE OF FOREST PRODUCTS

Otsego Reforestation Area No. 7 Contract No. X008584

Pursuant to Section 9-0505 of the Environmental Conservation Law, the Department of Environmental Conservation hereby gives Public Notice for the following:

Sealed bids for 476.1 MBF, more or less, of misc. hardwood and softwood sawtimber; 119 cords, more or less, of spruce and pine pulpwood; 6 cords, more or less of misc. hardwood firewood, located on Otsego Reforestation Area No. 7, Arnold Lake State Forest, Stand A-18, will be accepted at the Department of Environmental Conservation, Bureau of Procurement & Expenditure Services, 625 Broadway, 10th Fl., Albany, NY 12233-5023 until 11:00 a.m., Thursday, March 22, 2012.

For further information, contact: Paul Wenner, Senior Forester, Department of Environmental Conservation, Division of Lands and Forests, Region 4, 65561 State Hwy. 10, Suite 1, Stamford, NY 12167-9503, [phone]