Miscellaneous_Notices$Hearings Miscellaneous Notices/Hearings

6/17/15 N.Y. St. Reg. Miscellaneous Notices/Hearings

NEW YORK STATE REGISTER

VOLUME XXXVII, ISSUE 24

June 17, 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.

PUBLIC NOTICE

Department of Agriculture and Markets

In the Matter of Considering the Continuation of the New York State Onion Research and Development Program, Pursuant to Article 25 of the Agriculture and Markets Law and 1 NYCRR section 203.1

DETERMINATION

PRELIMINARY STATEMENT

Section 203.13 of Title One of the Official Compilation of Codes, Rules and Regulations of the State of New York (“1 NYCRR”), relating to the New York State Onion Research and Development Program (“Program”), provides that at least once during each six-year period the Program is in effect, the Commissioner shall conduct a referendum of eligible New York State onion growers to determine whether they approve the continuation of the Program. Continuation of the Program is subject to the approval of more than 50 percent of such growers voting in the referendum. Upon such approval, a new six-year period begins as of the first of April of the year following the date approval of continuation of the Program is certified.

FINDINGS AND CONCLUSIONS

Pursuant to a Notice of Referendum, dated March 19, 2015, a referendum of eligible New York State onion growers was conducted through May 15, 2015 inclusive, to determine whether such growers approve continuation of the Program. The results of the referendum have been duly recorded and verified as follows:

In favor --	43 (91%)
In opposition --	4 (9%)
Total eligible ballots counted and verified:	47

In addition, one ballot was declared ineligible because it was received after May 15, 2015.

CERTIFICATION

Upon the results of the referendum as set forth above, I hereby certify, pursuant to 1 NYCRR § 203.13 and Agriculture and Markets Law section 294(2), that the percentage of eligible New York State onion growers required to approve the continuation of the Onion Research and Development Program has been met, with 91 percent of such onion growers voting in favor of continuation of the Program.

NOW, THEREFORE, upon the findings and conclusions herein, I determine that the Onion Research and Development Program (1 NYCRR Part 203) should be and hereby is continued pursuant and subject to Article 25 of the Agriculture and Markets Law and 1 NYCRR § 203.13.

	RICHARD A. BALL
	Commissioner of Agriculture and Markets of the State of New York
Dated at the Town of Colonie
(Albany County), New York this
29th day of May, 2015

PUBLIC NOTICE

Division of Criminal Justice Services

Pursuant to Public Officers Law section 104, the Division of Criminal Justice Services gives notice of a meeting of the New York State Commission on Forensic Science to be held on:

Date:	Friday, June 19, 2015
Time:	9:00 AM-1:00 PM
Place:	Empire State Development Corporation (ESDC)
	633 3rd Ave. 37th Floor/Conference Room New York, NY *Identification and sign-in required
Video Conference Site:	Division of Criminal Justice Services Alfred E. Smith Office Building 80 South Swan St. 3rd Floor – Room 348 Albany, NY 12210 *Identification and sign-in required

*Identification and sign-in is required at this location. For further information, or if you need a reasonable accommodation to attend this meeting, contact: Catherine White, Division of Criminal Justice Services, Office of Forensic Services, 80 Swan St., Albany, NY 12210, [phone]

PUBLIC NOTICE

New York City Deferred Compensation Plan

The New York City Deferred Compensation Plan (the “Plan”) is seeking qualified vendors to provide active and/or passive socially responsible investment management services for the Global Socially Responsible Fund (the “GSRF”) investment option of the Plan. The objective of the GSRF is to meet or exceed the Morgan Stanley Capital International World Index. The Plan may construct the Global Socially Responsible Fund investment option using a global equity strategy or from the combination of US and non-US equity strategies. To be considered, vendors must submit their product information to Mercer Investment Consulting. Vendors should input or update their product information, as applicable, on Mercer’s Global Investment Management Database (GIMD). The address for the website is: www.mercergimd.com. Vendors not already registered, please call [phone] for a user I.D. and password to access the database. There is no fee for entering product information on the database. Please complete the submission of product information in the Mercer database no later than 4:30 P.M. Eastern Time on July 1, 2015.

PUBLIC NOTICE

New York City Deferred Compensation Plan

The New York City Deferred Compensation Plan (the “Plan”) is seeking qualified vendors to provide third party foreign exchange services for certain investment options of the Plan. To be considered, qualified vendors must contact Mercer Investment Consulting to obtain and complete a Third Party Foreign Exchange Provider Questionnaire. There is no fee for requesting or completing the Third Party Foreign Exchange Provider Questionnaire. Please complete and submit the Questionnaire to Mercer Investment Consulting no later than 4:30 P.M. Eastern Time on July 1, 2015. The Plan also recommends that vendors interested in this procurement visit the Plan’s website at www.nyc.gov/olr and download and review the applicable documents.

To request Mercer Investment Consulting’s Third Party Foreign Exchange Provider Questionnaire or if you have any questions regarding the Questionnaire, please contact Mercer Investment Consulting. The primary contacts at Mercer Investment Consulting are: Paul G. Sachs [phone] and Greg Cran [phone].

The Third Party Foreign Exchange Provider Questionnaire should be submitted to Mercer via email at [e-mail] and [e-mail].

PUBLIC NOTICE

Department of Health

On July 15, 1997, New York State’s Medicaid demonstration program, The Partnership Plan, was approved by the Federal government under Section 1115 of the Social Security Act. This waiver has been extended and amended to reflect programmatic needs. Under the waiver, the State is required to seek Federal approval of any amendments.

The New York State Department of Health (NYSDOH) is seeking approval from the federal Centers for Medicare & Medicaid Services (CMS) for the following changes:

• to extend the Clinic Uncompensated Care Funding which expired on December 31, 2014. The proposed amendment would extend the federal funding agreement through March 31, 2017.

The Clinic Uncompensated Care program provides funding to qualifying clinic providers including mental health clinics to assist in covering the uncompensated costs of services provided to the uninsured population. In order to receive these funds, each provider must:

• provide a comprehensive range of health care or mental health services;

• have at least five percent of their annual visits providing services to uninsured individuals; and

• have a process in place to collect payments from third party payers.

Additional information concerning the Partnership Plan and any amendment requests can be obtained by writing to:

Department of Health, Office of Health Insurance Programs, Corning Tower (OCP Suite 720), Attention: Waiver Management Unit, Albany, NY 12237 or by e-mail: [e-mail]

Written comments concerning the amendment will be accepted at the above address for a period of thirty (30) days from the date of this notice.

Partnership Plan information is also available to the public on-line at http://www.health.ny.gov/health_care/medicaid/redesign/medicaid_waiver_1115.htm

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 changes are proposed for Medicaid transportation services:

Non-Institutional Services

Effective July 1, 2015, the Commissioner of Health is adding two Long Island New York counties to the management of Medicaid transportation services, to complete the State’s assumption of the Medicaid transportation management in all New York counties. The assumption of Medicaid transportation management in New York is a Medicaid Redesign Team’s quality assurance and cost savings initiative.

The estimated cost of the contract for managing Medicaid transportation in these two counties for the State fiscal year 2015-16 is $2 million.

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 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

For further information and to review and comment, please contact: Department of Health, Bureau of Federal Relations & Provider Assessments, 99 Washington Ave., One Commerce Plaza, Suite 1460, Albany, NY 12210, [e-mail]

PUBLIC NOTICE

Town of Liberty

The Town of Liberty is soliciting proposals from administrative service agencies relating to trust service, and administration and/or funding of a Deferred Compensation Plan for the employees of the Town of Liberty. They must meet the requirements of section 457 of the Internal Revenue Code and Section 5 of the State Finance Law, including all rules and regulations issued pursuant thereto.

A copy of the proposal questionnaire may be obtained from: Town of Liberty Finance Office, Earl Bertsch, Director of Finance, 120 N. Main St., Liberty, NY 12754, [phone]

All proposals must be received in a sealed envelope marked “Deferred Compensation RFP” by the Town of Liberty Clerk’s Office, 120 N. Main St., Liberty, NY 12754 no later than 11:00 A.M. on July 30, 2015.

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.

0A030577 120148355 SAMMIS,VIRGINIA TICONDEROGA NY

0A215632 111306897 CASON,CAROLYN M FLEMING ISLAND FL

0A215632 111306897 HELMLINGER,BELINDA S MIDDLEBURG FL

0A215632 111306897 MATTHEWS,KATHERINE A MIDDLEBURG FL

0A215632 111306897 MATTHEWS,KIRK A PHOENIX AZ

0A215632 111306897 MATTHEWS,PATRICK M OLYMPIA WA

0A314476 134308908 SNYDER,ROBERT J NORTHPORT NY

0A384966 088221553 ANDERSON,DOLORES K ESTATE OF YORKTOWN HGTS NY

00949925 113145286 ZECCA,ROSEMARY M ESTATE OF BINGHAMTON FL

01365196 062186865 KRIEGEL,GERTRUDE V ESTATE OF ATTICA NY

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03433414 122057177 RINALDO,MICHAEL A ESTATE OF DAYTON OH

04051132 088246307 YOUNG,HERBERT A COBLESKILL NY

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05931431 111145680 HELPER,DONALD S ESTATE OF CLEARWATER FL

06024160 077348436 TRIMBLE,BEVERLY D ESTATE OF CANISTEO NY

06060867 084168765 PHIFER,GEORGE C ESTATE OF PLATTSBURGH NY

06111389 120203904 MULHERN,JOHN M ESTATE OF CLAY NY

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06616734 057244517 BRAUN,STURMIUS G ESTATE OF LOUDONVILLE NY

06620454 119266065 GIANIS,ANNETTE ESTATE OF WELLSVILLE NY

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06911820 091241582 SMITH,ROSALIE A ESTATE OF EAST SYRACUSE NY

06966691 054164360 CAHILL,EMMA ESTATE OF DALTON MA

06989081 086306248 HOMMEL,GENE A ESTATE OF CATSKILL NY

07131790 244423072 OLIVER,DAPHNE WHITE PLAINS NY

07135437 149181308 LINARDAKIS,ATHANASIUS ROSENDALE NJ

07247273 112053681 CORDELLO,DOMINIC M ESTATE OF ROCHESTER NY

07296494 177019844 DAVIES,KENNETH J ESTATE OF PENN RUN PA

07372535 098059934 RIZZO,MARTHA ESTATE OF HUNTINGTON STATION NY

07374325 075077719 BLANSFIELD,LENA ESTATE OF PLEASANT GARDEN NC

PUBLIC NOTICE

County of Ontario

The County of Ontario is requesting proposals from qualified administrative services agencies, and/or financial organizations relating to administration, trustee services and/or funding of a deferred compensation plan for employees of The County of Ontario meeting the requirements of Section 457 of the Internal Revenue Code and Section 5 of the State Finance Law and a 401a Savings Match plan, including all rules and regulations issued pursuant thereto.

A copy of the proposal questionnaire may be obtained by emailing [e-mail].

All proposals must be submitted no later than 30 days from the date of publication in the New York State Register, no later than 4:30 p.m.

PUBLIC NOTICE

Town of Queensbury

The Town of Queensbury is soliciting proposals from Administrative Service Agencies, Trustees, and Financial Organizations for services in connection with a Deferred Compensation Plan that will meet the requirements of Section 457 of the Internal Revenue Code and Section 5 of the State Finance Law, including all rules and regulations issued pursuant thereto.

A copy of the proposal questionnaire may be obtained from: Joanne Watkins, Purchasing Agent, Town of Queensbury, 742 Bay Rd., Queensbury, NY 12804, e-mail: [e-mail]

All proposals must be submitted not later than 30 days from the date of publication in the New York State Register.

PUBLIC NOTICE

Department of State Notice of Routine Program Change Town of Penfield Local Waterfront Revitalization Program

PURSUANT to 15 CFR 923.84(b), the New York State Department of State (DOS) has submitted a routine program change to the federal Office of Coastal Management (OCM). The change to the New York State Coastal Management Program (CMP) covered by this request is the incorporation of the amendment to the Town of Penfield Local Waterfront Revitalization Program (LWRP) into the State's CMP.

A major component of the State's CMP is the provision that local governments be allowed to prepare and amend Local Waterfront Revitalization Programs, which further detail and make geographically specific the State's coastal policies. Each LWRP is reviewed for consistency with the State's CMP and approved if it meets the guidelines established in the State CMP and Article 42 of the NYS Executive Law.

The Town of Penfield LWRP Amendment is a long-term management program for the Town’s waterfront resources along Irondequoit Creek and Bay, prepared under the provisions of Article 42 of the Executive Law and its implementing regulations to update the original Penfield LWRP, approved in 1991. The LWRP Amendment revises the inland alignment of the coastal boundary by excluding the primarily built-out residential neighborhoods east of Empire Boulevard and east of Irondequoit Creek, based on the consideration that the potential future development of these areas could be controlled by existing Town legislation or regulations to have a minimal impact on the adjacent environmentally sensitive areas along Irondequoit Creek and Bay. The Penfield LWRP Amendment also includes revised comprehensive text and graphics describing the existing and proposed land uses and controls adopted since 1991, such as the Environmental Protection Overlay Districts, providing additional protections for wetlands, steep slopes, floodplains, watercourses, and woodlands resources, and the LaSalle’s Landing Development District, designed to protect sensitive environmental features and encourage water oriented recreation and other appropriate uses adjacent to parts of Irondequoit Bay. Other regulations reflected in the Penfield LWRP Amendment, adopted since 1991, include: the Construction Stormwater Pollution Prevention and Erosion and Sediment Control Law (Local Law No. 3 - 2007), Design and Management of Post-Construction Stormwater Pollution Prevention Measures Law (Local Law No. 4 - 2007), Stormwater Illicit Discharge Connection Law (Local Law No. 5 – 2007), Town of Penfield Stormwater Management Policy (adopted 1988 and revised 2000), Irondequoit Bay Harbor Management Plan (adopted 2003), Irondequoit Bay Harbor Management Law (adopted 2008), and the Penfield Waterfront Consistency Review Law (adopted 1991 and amended in 2015).

The Town of Penfield prepared the LWRP Amendment in partnership with the New York State Department of State, in accordance with the New York State Waterfront Revitalization of Coastal Areas and Inland Waterways Act and the New York State Coastal Management Program. The draft LWRP Amendment was circulated by the Department of State to potentially affected State, federal, and regional agencies during a review period from May 8, 2013 to July 12, 2013. Following this review period, the Department of State coordinated responses to comments received with the Town of Penfield, and revised the draft LWRP where necessary. The Town of Penfield LWRP Amendment was adopted by resolution by the Town of Penfield Town Board on March 4, 2015, and approved by the New York State Secretary of State on May 26, 2015, pursuant to the New York State Waterfront Revitalization of Coastal Areas and Inland Waterways Act (NYS Executive Law, Article 42).

The Town of Penfield Local Waterfront Revitalization Program is available online at http://www.dos.ny.gov/opd/programs/WFRevitalization/LWRP_status.html

Any comments on whether or not the action constitutes a routine program change to the State’s approved Coastal Management Program should be submitted by July 10, 2015 to: Jackie Rolleri, Stewardship Division, Office of Coastal Management, National Oceanic and Atmospheric Administration, 1305 East-West Highway, Silver Spring, MD 20910

Further information on this routine program change may be obtained from: Renee Parsons, Office of Planning and Development, NYS Department of State, 99 Washington Ave., Suite 1010, Albany, NY 12231-0001, [phone]

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.

2015-0192 Matter of Old Path Chapel Perry, c/o Jeff Guenso, 181 South Main Street, Village of Perry, Wyoming County, New York 14630. The petitioner requests a variance concerning the relief from automatic sprinkler system as required by Part 903.2.1.4 of Title 19-Part 1221 of the Building Code.

2015-0209 Matter of Forestville Town Hall Building, 18 Chestnut Street, Village of Forestville, Chautauqua County, New York, 14062. The petitioner requests a variance concerning the relief from additional layer of roofing as required by part 606.2.1 of Title 19-Part 1227 of the Existing Building Code.

2015-0203 Matter of SANTIAGO BURGER, LLC, MICHAEL A BURGER, 1250 PITTSFORD-VICTOR ROAD, BLDG 100, SUITE 190, PITTSFORD, NY 14534, for a an appeal of a Code Officials Decision regarding property maintenance violations at a building, located at 74 Diem Street, City of Rochester, County of Monroe, State of New York.

2015-0212 Matter of Angel Valdez, 1534 Oneida Street, Utica, NY 13501 for a variance related to wood on walls of exit stairway, second means of egress, the fire rating of a cellar ceiling in accordance with the New York State Multiple Residence Law.

Involved is a three story building, located at 1534 Oneida Street, City of Utica, Oneida County, State of New York.

2015-0247 Matter of Patrick J. Currier, R.A., Aubertine & Currier Arch,, 522 Bradley Street, Watertown, NY 13601for a variance concerning fire safety and building code requirements including allowable building area, the use of a two story wood frame barn for assembly occupancy and requirements for a sprinkler system.

Involved is the conversion of a second story of an agricultural building to assembly occupancy, known as Maple Dream Manor, located at 2310 New York State Route 206, Town of Coventry, Chenango County, New York.

2015-0251 Matter of NELSON T BOND, 18703 WORTHINGTON ROAD, HUDSON, FL 34667, for an appeal of a code officials decision regarding a sprinkler system in a building located at 43-57 North Main Street, Village of Brockport, County of Monroe, State of New York.

2015-0252 Matter of NELSON T BOND, 18703 WORTHINGTON ROAD, HUDSON, FL 34667, for a variance concerning safety requirements, including a sprinkler system in a building located at 43-57 North Main Street, Village of Brockport, County of Monroe, State of New York.

2015-0256 Matter of Ralph Cavo, 1540 Miller Street, Utica, NY 13501, for a variance to the fire rating of cellar stairway in accordance with the New York State Multiple Residence Law.

Involved is a two story building, located at 1221 Elm Street, City of Utica, Oneida County, State of New York.

2015-0265 Matter of EYP Architecture & Engineering P.C., NanoFab East, 257 Fuller Road, 1st floor, Albany, NY 12203, for variances concerning building code requirements pertaining to quantity limits for hazardous materials in a fabrication area.

Involved is the construction of an 82,250 square foot, 2 story manufacturing facility located at 50 Collamer Crossings Parkway, East Syracuse, NY, County of Onondaga.