Miscellaneous_Notices$Hearings Miscellaneous Notices/Hearings

5/11/11 N.Y. St. Reg. Miscellaneous Notices/Hearings

NEW YORK STATE REGISTER

VOLUME XXXIII, ISSUE 19

May 11, 2011

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

Town of Amherst Office of Refuse Control DRAFT REQUEST FOR PROPOSALS TO PROVIDE REFUSE COLLECTION AND DISPOSAL AND RECYCLABLE MATERIALS COLLECTION AND PROCESSING AND SEPARATE YARD WASTE COLLECTION

Notice to Proposers

Notice is hereby given that sealed proposals are sought and requested for the Town of Amherst, Garbage and Refuse District #1, 5583 Main Street, Williamsville, NY 14221, herein referred to as the “Town” for Solid Waste Services according to the specifications of a contract for refuse hauling and disposal and recyclables pickup and processing from curbside collection sites within the Town limits. Also, the separate pickup of yard waste between April 1st and November 30th annually. Sealed proposals will be received by the Town Clerk of the Town of Amherst, on August 8, 2011, no later than 2:00 P.M. standard time, at her office in the Municipal Building, 5583 Main Street, Williamsville, New York 14221.

In accordance with New York State General Municipal Law 120-w, it is the intention of the Town to enter into negotiations for an agreement with the contractor(s) whose proposal(s), in the judgment of the Town of Amherst, best serves the Town’s needs, considering net costs, technical feasibility and reliability, resources, financial condition, risk allocation, and experience in similar operations. A five-year service period is being sought, with the potential for extension of the contract(s) for an additional five year period, upon mutual consent. Contractors must identify sufficient equipment and facilities to collect and haul approximately 32,550 tons of solid waste and/or process approximately 8,000 tons of recyclables from approximately 34,227 units. This does not include the Village of Williamsville which has 2,200 residences. The Town reserves the right to reject all proposals.

The Draft Request for Proposals may be obtained at the Town of Amherst Town Clerk’s Office, 5583 Main Street, Williamsville, New York 14221, Monday through Friday between the hours of 8:00 A.M. and 4:30 P.M. from May 11, 2011 to July 11, 2011 and is also available online at the Town of Amherst website http://www.amherst.ny.us.

The Town urges that all likely proposers forward their contact information to the Town, in order to receive updates, addendums, and comment replies regarding this DRFP. The final RFP, to be released 70 days after this advertisement will require a deposit of a certified check, payable to the order of the Town of Amherst, for a sum equal of three hundred thousand dollars ($300,000), or a bond with sufficient sureties in a penal sum equal to three hundred thousand dollars ($300,000), with the condition that if the proposal is accepted, the successful bidder will enter into a contract for the terms of the agreement, and that he/she will execute an agreement with the Town within fifteen (15) days from the date of acceptance of the proposal, as specified in the proposal’s conditions. All deposits, except that of the successful bidder will be returned.

Upon acceptance of this proposal, if the successful proposer fails to enter into a contract pursuant to the requirements of the Town, or fails to give further security prescribed in this notice, within the time limit therein, then the check deposited as aforesaid and the monies standing to the credit of the same, shall be forfeited to the Town of Amherst as liquidated damages or the payment of the bond enforced for the benefit of the Town and the Village of Williamsville.

The proposal shall be made upon the form provided therefore and all blank spaces in the form shall be fully filled. Signatures shall be in longhand and the completed form shall be without interlineation, alteration or erasure.

No oral, telegraphic or telephonic proposals or modifications will be considered.

Should the proposer find discrepancies or omissions from the specifications, documents or drawings, or should he/she be in doubt as to their meaning, he/she should at once notify Robert Anderson, Town of Amherst, Superintendent of Highways, who will send written instructions to all proposers as to the addendum. The Town Board of the Town reserves the right to reject any and all proposers and to advertise anew, or to award a contract for part or portion thereof as in its judgment it shall deem it to be in the best interest of the Town to do so.

The Village of Williamsville may also be seeking a contract for the collection and disposal of solid waste and a recyclables pickup and processing from curbside collection sites within the Village subject to approval of the Village of Williamsville Board.

Sealed proposals must be in the hands of Deborah Bruch Bucki, Town Clerk, Municipal Building, 5583 Main Street, Williamsville, New York 14221, no later than 2:00 P.M. Standard Time on Monday, August 8, 2011. Sealed proposals must be submitted in sealed envelopes. The envelope is to be plainly marked on the outside.

“SEALED PROPOSAL FOR MUNICIPAL SOLID WASTE SERVICES FOR THE TOWN OF AMHERST AND VILLAGE OF WILLIAMSVILLE”

All proposals must be accompanied by descriptive literature covering the requirements set forth in the proposals and made part thereof.

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 New York Career Institute, the State Education Department hereby gives notice that an accreditation review visit was conducted at New York Career Institute. Any person wishing to comment on the review of this institution including their qualifications for accreditation may do so in writing. Comments should be addressed to: Barbara D. Meinert, Coordinator, Office of College and University Evaluation, Education Department, 89 Washington Ave., 5N Mezzanine, Albany, NY 12234, or sent by fax to [phone]. Comments will be accepted through June 1, 2011.

PUBLIC NOTICE

Office of Fire Prevention and Control

Pursuant to Section 176-b of the Town Law, the Office of Fire Prevention and Control hereby gives notice of the following:

Application for Waiver of the Limitation on Non-resident Members of Volunteer Fire Companies

An application for a waiver of the requirements of paragraph a of subdivision 7 of section 176-b of the Town Law, which limits the membership of volunteer fire companies to forty-five per centum of the actual membership of the fire company, has been submitted by the Jamesville Fire District, County of Onondaga.

Pursuant to section 176-b of the Town Law, the non-resident membership limit shall be waived provided that no adjacent fire department objects within sixty days of the publication of this notice.

Objections shall be made in writing, setting forth the reasons such waiver should not be granted, and shall be submitted to: Floyd A. Madison, State Fire Administrator, State of New York, Office of Fire Prevention and Control, 99 Washington Ave., Suite 500, Albany, NY 12210-2833

Objections must be received by the State Fire Administrator within sixty days of the date of publication of this notice.

In cases where an objection is properly filed, the State Fire Administrator shall have the authority to grant a waiver upon consideration of (1) the difficulty of the fire company or district in retaining and recruiting adequate personnel; (2) any alternative means available to the fire company or district to address such difficulties; and (3) the impact of the waiver on adjacent fire departments.

For further information, please contact: Deputy Chief Donald Fischer, State of New York, Office of Fire Prevention and Control, 99 Washington Ave., Suite 500, Albany, NY 12210-2833, [phone], [e-mail]

PUBLIC NOTICE

Office of General Services Cattaraugus Residential Center 575 Railroad Street, Limestone, NY Town of Carrollton, Cattaraugus County Declaration of Abandonment OGS Project No. UPL01141

Pursuant to Article 3, Section 30-a of the Public Lands Law, the Office of General Services hereby gives notice to the following:

The New York State Office of Children and Family Services has declared the above mentioned property to be surplus and no longer useful of necessary to their program needs and has abandoned said property to the Office of General Service as unappropriated State-land.

Said lands are planned to be disposed of by the Office of General Services pursuant to the Public Lands Law.

For further information, contact: Frank Pallante, Esq., Office of General Services Legal Services, 41st Fl., Corning Tower Empire State Plaza, Albany, NY 12242, [phone] phone, [phone] fax

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 prescription drugs dispensed in accordance with State and federal requirements effective May 12, 2011, to comply with recently enacted statutory provisions.

The Commissioner shall have the authority to establish the amount of payments and dispensing fees for prescription drugs. The commissioner shall give notice sixty days in advance of such change to the chairs of the committees on senate finance, assembly ways and means, senate health, and assembly health.

There is no increase or decrease in gross Medicaid expenditures for state fiscal year 2011/12.

Copies of the proposed state plan amendment 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 or to review and comment on this proposed state plan amendment, please contact or write: Patricia A. Keller, RPh., Department of Health, Office of Health Insurance Programs, Division of Policy and Program Guidance, Empire State Plaza, Rm. 720, Corning Tower, Albany, NY 12237, [phone], [phone] (FAX), [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 statutory provisions. The following clarifying changes are proposed:

Non-Institutional Services

The following is a clarification to the March 30, 2011 noticed provision for supplemental payments intended for services provided by physicians, nurse practitioners and physician assistants. All such who are employed by a public benefit corporation or a non-state operated public general hospital operated by a public benefit corporation or those who are providing professional services to patients of such a public benefit corporation are now eligible for the supplemental payments, in addition to the public benefit corporations located in a city of more than one million persons. As previously noticed, these payments will not be available for services provided at facilities participating in the Medicare Teaching Election Amendment.

The estimated annual net aggregate increase in gross Medicaid expenditures attributable to this initiative for state fiscal year 2011/2012 is $20.5 million.

Copies of the proposed state plan amendments 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 and Financial Analysis, Corning Tower Bldg., Rm. 984, Empire State Plaza, Albany, NY 12237, [phone], [phone] (fax), [e-mail]

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.

2011-0115 Matter of Donna M. Romeo, 38 Cottage Lane, North Salem, NY 10560 for an appeal of the Code Enforcement Officers decision concerning the issuance of a building permit for a fence which will restrict access to maintain property in accordance with The Property Maintenance Code of New York.

Involved is the installation of a fence, located at 40 Cottage Lane, Town of North Salem, County of Westchester, State of New York.

2011-0132 Matter of Thomas Nix, 49 German Crossroad, Ithaca, NY 14850 for a variance concerning safety requirements, including required sprinkler systems in a building, located at 545 Thurd Street, City of Ithaca, County of Tompkins, State of New York.

2011-0143 Matter of Hamlin Group, Shawn Hamlin, 163 Homestead Ave., Albany, NY 12203, for a variance concerning safety requirements, including a required sprinkler system in a building, located at 1040 Owego Road, Town of Candor, County of Tioga, State of New York

2011-0144 Matter of Mance Cuplov, 600 Blandina Street, Utica, NY for a variance related to the fire retardant of cellar ceiling and cellar stairway in accordance with the New York State Multiple Residence Law.

Involved is an existing three-story three-family dwelling, located at 600 Blandina Street, City of Utica, County of Oneida, State of New York.

2011-0145 Matter of Redwood Inn and Suites, 6235 State Highway 7, Milford, NY for a variance related to the installation of a sprinkler system in accordance with the Uniform Fire Prevention and Building Code.

Involved is the construction of two additions, located at 6235 State Highway 7, Town of Milford, County of Otsego, State of New York.

SALE OF FOREST PRODUCTS

Chenango Reforestation Area Nos. 5 and 17 Contract No. X008196

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 1,966 tons more or less red pine, 9.7 MBF more or less white ash, 25.1 MBF more or less black cherry, 0.2 MBF more or less white spruce, 4.5 MBF more or less hard maple, 12.5 MBF more or less red maple, 10.9 MBF more or less hemlock, 0.5 MBF more or less yellow birch, 0.1 MBF more or less beech, 123 cords more or less firewood, located on Chenango Reforestation Area No. 5, Stands C-28, 29, D-106, 109, 110, 115, 148, and Chenango Reforestation Area No. 17, Stands A-75 and B-20, will be accepted at the Department of Environmental Conservation, Contract Unit, 625 Broadway, 10th Fl., Albany, NY 12233-5027 until 11:00 a.m. on Thursday, May 19, 2011.

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

Madison Reforestation Area Nos. 1 and 4 Contract No. X008192

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 36.5 MBF more or less hard maple, 38.7 MBF more or less white ash, 33.9 MBF more or less black cherry, 13.7 MBF more or less red maple, 11.7 MBF more or less hemlock, 0.2 MBF more or less yellow birch, 126 cords more or less firewood, located on Madison Reforestation Area No. 1, Stands B-81.10, F-7, 8, 10, 11, 29, and Madison Reforestation Area No. 4, Stand 87.10, will be accepted at the Department of Environmental Conservation, Contract Unit, 625 Broadway, 10th Fl., Albany, NY 12233-5027 until 11:00 a.m., Thursday, May 19, 2011.

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]