3/18/09 N.Y. St. Reg. Miscellaneous Notices/Hearings

NY-ADR

3/18/09 N.Y. St. Reg. Miscellaneous Notices/Hearings
NEW YORK STATE REGISTER
VOLUME XXXI, ISSUE 11
March 18, 2009
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 7:00 a.m. to 5:00 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
Banking Department
New York State's Banking Development District Program
The New York State Banking Department ("NYSBD") is in the process of reviewing its Banking Development District ("BDD") program, which was created by the New York State Legislature in 1999 to encourage the establishment of bank branches in areas with a demonstrated need for banking services. BDD bank branches can help provide the services necessary to stimulate local economies by enhancing access to capital for local businesses, promoting long-term economic development, fostering job creation and promoting community stabilization and revitalization.
The first phase of the assessment included surveying participating banks and the communities they served, and the second phase is a series of four public hearings to provide the NYSBD with additional insight on the effectiveness of the BDD program and to hear ideas on how the program might be improved.
Hearings are scheduled from 1:00 p.m. to 4:00 p.m. on the following days:
• Thursday, April 2, 2009 at the Adam Clayton Powell Building1
• Monday, April 6, 2009 in Syracuse at the Oncenter Complex Center2
• Wednesday, April 8, 2009 in Saratoga at the Saratoga County Arts Council3
• Thursday, April 13, 2009 in Buffalo at the True Bethel Baptist Church4
The NYSBD seeks testimony on questions including, but not limited to:
• Should a newly proposed BDD be allowed to overlap geographically with a currently existing BDD?
• Should a bank purchasing a BDD branch be entitled to assume the BDD program benefits enjoyed by the previous bank owner?
• Should the initial subsidy of two years be extended?
• Should there be a limit on the number of times a BDD branch may seek to renew BDD deposits?
• Should banks already located in a BDD area receive below market rate deposits, and if so, under what circumstances and pursuant to what standards?
• Should there be a financial literacy component required for BDD branches?
• Should the BDD program be extended to credit unions, and if so, pursuant to what standards?
• Are BDDs meeting the financial needs of the underbanked and unbanked residents within the District?
• From the bank and community perspective, what are the benefits of having a BDD in the community?
The NYSBD also seeks suggestions on the following:
• How to improve the BDD program.
• How to expand bank participation in the BDD program.
• Ways to better meet the needs of the unbanked and underbanked.
The NYSBD will receive testimony during the hearing and will issue aggregated findings after all of the hearings have been conducted.
Those interested in testifying at the hearing must submit a request-to-testify form to the NYSBD by mail: 1 State Street, Consumer Services Division, New York, NY 10004-1511; by email: [email protected]; or by fax: (212) 709-3582. This Notice of Hearing and the Request to Testify Form are available on the NYSBD website at www.banking.state.ny.us.
Oral testimony will be limited to eight (8) minutes in duration. Persons testifying must submit an electronic copy of their written testimony to the NYSBD by the following dates:
• New York City hearing by March 25, 2009;
• Syracuse and Saratoga hearings by April 1, 2009, and;
• Buffalo hearing by April 7, 2009.
Persons testifying also must bring five copies of their testimony with them on the day of the hearing.
In order to further publicize this hearing, please inform interested parties and organizations of the NYSBD's interest in hearing testimony from all stakeholders.
Interested parties may direct questions to NYSBD by phone: 212-709-1621, or by email: [email protected].
1 Adam Clayton Powell Building – 163 West 125th Street, New York, NY
2 Oncenter Complex Center – 800 South State Street, Syracuse, NY
3 Saratoga County Arts Council – 320 Broadway, Saratoga Springs, NY
4 True Bethel Baptist Church – Banquet Hall – 907 East Ferry Street, Buffalo, NY
PUBLIC NOTICE
Town of Brookhaven
On January 27, 2009, the Town of Brookhaven awarded a Contract to Covanta Hempstead Company (Covanta Energy), 40 Lane Road, Fairfield, New Jersey 07004, pursuant to § 120-w of the General Municipal Law (GML § 120-w), for the operation of the Town's transfer station and the transportation of solid waste generated in the Town of Brookhaven for disposal. The validity of this Contract or the procedures which led to its award may be hereafter contested only by action, suit or proceeding commenced within sixty (60) days after the date of this notice and only upon the ground or grounds that:
(1) Such award or procedure was not authorized pursuant to that Section; or
(2) Any of the provisions of that Section which should be complied with at the date of this publication have not been substantially complied with; or
(3) A conflict of interest can be shown in the manner in which the contract was awarded; or by action, suit or proceeding commenced on the grounds that such Contract was awarded in violation of the provisions of the Constitution.
PUBLIC NOTICE
Town of Brookhaven
On January 27, 2009, the Town of Brookhaven awarded a Contract to Trinity Transportation Corp., pursuant to § 120-w of the General Municipal Law (GML § 120-w), for the operation of the Town's transfer station and the transportation of solid waste generated in the Town of Brookhaven for disposal. The validity of this Contract or the procedures which led to its award may be hereafter contested only by action, suit or proceeding commenced within sixty (60) days after the date of this notice and only upon the ground or grounds that:
(1) Such award or procedure was not authorized pursuant to that Section; or
(2) Any of the provisions of that Section which should be complied with at the date of this publication have not been substantially complied with; or
(3) A conflict of interest can be shown in the manner in which the contract was awarded; or by action, suit or proceeding commenced on the grounds that such Contract was awarded in violation of the provisions of the Constitution.
PUBLIC NOTICE
Department of Health
Pursuant to Section 2807-l(1)(c)(C) of the New York State Public Health Law, the Commissioner of Health has the authority to award emergency assistance/non-competitive grants. The Department of Health hereby gives notice of the following:
Funds will be awarded to the North Country Children's Clinic to support operations in 2008. These funds are intended to assist the clinic with the financial challenges of providing services to the medically underserved in a rural setting.
For further information, contact: Maria DiBari, Grants Clearinghouse, Department of Health, 433 River St., 5th Fl., Troy, NY 12180, (518) 402-1068.
PUBLIC NOTICE
Department of Labor
The New York State Department of Labor hereby gives a public notice pursuant to NY Labor Law § 27-a(8) and 12 NYCRR § 803.10
NEW YORK STATE DEPARTMENT OF LABOR DIVISION OF SAFETY AND HEALTH NOTICE PURSUANT TO NY LABOR LAW § 27-a(8)(c) and 12 NYCRR § 803.10 TO MODIFY PERMANENT VARIANCE P-002-99
CASE NO.: P-002-99
PREMISES: New York State Thruway Authority Canal Corporation, Erie Canal Locks 8 through 15
PLEASE TAKE NOTICE that in reference to Mohawk Lock numbers 8 through 15, the Commissioner of Labor has determined that for the above-referenced variance granted to the New York State Thruway Authority, Canal Corporation, should be modified for the purpose of formulating more distinct and specific terms and conditions that will ensure that the conditions, practices, means, methods, operations or processes used by the Canal Corporation complied with all applicable safety and health standards on the above-referenced locations;
PLEASE TAKE NOTICE that, on the Commissioner of Labor's own motion, the Department will proceed to modify the Permanent Variance P-002-99. Interested persons may submit written data, views or arguments regarding this proceeding for a period of 10 days following publication of this notice. Any submission and request for further information should be made to:
Blaise Thomas, P.E., Associate Safety & Health Engineer, Department of Labor, Division of Safety & Health, Averill E. Harriman State Office Campus, Bldg. No. 12, Rm. 154, Albany, NY 12240, (518) 457-3530.
PLEASE TAKE FURTHER NOTICE that the employer, the employees, and the representative of the employees affected by this variance modification may request a hearing into this matter, by sending a request for such hearing in writing containing the information prescribed in 12 NYCRR § 803.10(a)(2) within 10 days of the publication of this notice. Such notice shall be sent to the individual identified above. The Department will issue a notice of hearing only upon receipt of a hearing request. If no hearing is requested, the Department will proceed to modify the Permanent Variance.
PUBLIC NOTICE
Department of State F-2008-0831 and F-2008-0832 Date of Issuance - March 18, 2009
The New York State Department of State (DOS) is required by Federal regulations to provide timely public notice for the activities described below, which are subject to the consistency provisions of the Federal Coastal Zone Management Act of 1972, as amended.
The applicant has certified that the proposed activity complies with and will be conducted in a manner consistent with the approved New York State Coastal Management Program. The applicant's consistency certification and accompanying public information and data are available for inspection at the New York State Department of State offices located at 41 State Street in Albany, New York.
In F-2008-0831 and F-2008-0832, Harry Heitzenrater and Sam Patel, respectively, are proposing the installation of a total of 315 linear feet of rip-rap along the shoreline of their private properties on Lake Ontario at 3171 and 3177 West Lake Road in the Town of Wilson, Niagara County, New York. The revetment will be constructed at a 1 on 3 slope (1 foot vertical to 3 feet horizontal). The rip rap will be placed over a 1 foot layer of crushed stone and filter fabric, and a 3 foot by 3 foot key trench will be constructed at the base of the graded slope. The slope will be seeded with crown vetch for stabilization. The stated purpose for the proposed activity is to prevent erosion.
The proposed activity would be undertaken in a State designated Coastal Erosion Hazard Area (CEHA), designated in accordance with Article 34 of the State Environmental Conservation Law and its implementing regulations in 6 NYCRR Part 505. Specifically, the beach, bluff, and nearshore area where the activity is proposed are natural protective features, and the area is a designated "Natural Protective Feature Area" and "Structural Hazard Area" delineated on the official New York State Department of Environmental Conservation Coastal Erosion Hazard Area Map Photo Number 186-802-79, sheet 3 of 7.
Any interested parties and/or agencies desiring to express their views concerning any of the above proposed activities may do so by filing their comments, in writing, no later than 4:30 p.m., 15 days from the date of publication of this notice, or, April 17, 2009.
Comments should be addressed to the New York State Department of State, Office of Coastal, Local Government and Community Sustainability, One Commerce Plaza, 99 Washington Avenue, Albany, New York 12231. Telephone (518) 474-6000; Fax (518) 473-2464.
This notice is promulgated in accordance with Title 15, Code of Federal Regulations, Part 930.
PUBLIC NOTICE
Department of State F-2008-0898 Date of Issuance - March 18, 2009
The New York State Department of State (DOS) is required by Federal regulations to provide timely public notice for the activities described below, which are subject to the consistency provisions of the Federal Coastal Zone Management Act of 1972, as amended.
The applicant has certified that the proposed activity complies with and will be conducted in a manner consistent with the approved New York State Coastal Management Program. The applicant's consistency certification and accompanying public information and data are 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-2008-0898, Palms Bay Holdings, LLC has requested authorization from the U.S. Army Corps of Engineers/New York District to construct a 3-foot wide by 20-foot long finger pier and (3) 10-inch diameter piles to create 3 boat slips within Great South Bay adjacent to their property at 932 Bay Walk, within the Village of Ocean Beach in Suffolk County, New York. The stated purpose of the proposed structures is for private boat dockage. The dock would be constructed with the State-designated Great South Bay West Significant Coastal Fish and Wildlife Habitat and a federally delineated Seashore District within Fire Island National Seashore, managed by the National Park Service of the United States Department of the Interior.
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, Friday, April 17, 2009.
Comments should be addressed to the New York State Department of State, Office of Coastal, Local Government and Community Sustainability, One Commerce Plaza, 99 Washington Avenue, Albany, New York 12231. Telephone (518) 474-6000; Fax (518) 473-2464.
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, (518) 474-4073 to make appropriate arrangements.
2009-0084 Matter of Sarah Lawrence College, c/o Larry Hoffman, 1 Mead Way, Bronxville, NY 10708 for a variance concerning fire safety requirements, including fire extinguisher inspections.
Involved are 26 dormitory buildings, located throughout the campus at 1 Mead Way, Bronxville, City of Yonkers, County of Westchester, State of New York.
2009-0085 Matter of United States Golf Association, c/o Eric Lee, USGS Field Office, Bethpage, 99 Quaker Meeting House Road, Farmingdale, NY 11735 for an appeal and or variances concerning fire safety requirements, including the need to have tents and membrane structures located at specified distances from each other.
Involved are shelters which will be temporarily located on the grounds of The Bethpage State Parks, Farmingdale, County of Nassau, State of New York.
SALE OF FOREST PRODUCTS
Chenango Reforestation Area No. 30 Contract No. X007371
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 6,616 tons more or less of red pine, 475 tons more or less of larch, 5 cords more or less of miscellaneous hardwood located on Chenango Reforestation Area No. 30; Stands A-26 and 28, 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, April 2, 2009.
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, (607) 674-4036
SALE OF FOREST PRODUCTS
Steuben Reforestation Area No. 7 Contract No. X007355
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 red oak sawtimber, 124 trees, 19.0 MBF more or less; black oak sawtimber, 77 trees, 8.5 MBF more or less; chestnut oak sawtimber, 58 trees, 7.7 MBF more or less; aspen sawtimber, 45 trees, 7.7 MBF more or less; red maple sawtimber, 48 trees, 5.5 MBF more or less; white oak sawtimber, 38 trees, 4.1 MBF more or less; other sawtimber, 5 trees, .7 MBF more or less; hardwood pulp and scrag logs, 977 trees, 441 tons more or less, located on Steuben Reforestation Area No. 7; Stand B-4 and B-5, 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, April 2, 2009.
For further information, contact: Mark Keister, Senior Forester, Department of Environmental Conservation, Division of Lands and Forests, Region 8, 7291 Coon Rd., Bath, NY 14810-9728, (607) 776-2165
End of Document