Arc GLOW

Press release:

The City of Batavia Summer Recreation Program is well under way and entering the third week of the six-week program. Each year the program sponsors a Community Service Day for all of the children to volunteer and give something back to their community.

This year’s Community Service Project is scheduled for July 23 at all of the parks. There will be a community-wide can/bottle drive to raise money for youth programs at the Genesee ARC.

If you would like to contribute to this worthy cause, please feel free to deliver cans and bottles to any of the parks (Farrall, John Kennedy, Lambert, Williams, Woodward) on or before July 23 between 9 a.m. and 4 p.m., Monday through Friday.

Or you can take cans or bottles to the Batavia Youth Bureau located at 12 MacArthur Drive and program sponsors will make sure the donations are delivered to the parks.

Each park will also visit homes in their park’s neighborhoods on July 23 to solicit cans/bottles for the drive.

If you have any questions or would like to help in any way, please call the Youth Bureau at 345-6420. Thank you for your anticipated assistance and support!

Toni Funke

Program Coordinator

345-6421

Genesee ARC crews were out and about this morning picking up garbage. It's the last day of a 28-year run for ARC as the contracted trash collector for the City of Batavia. From now on, residents are required to arrange for their own garbage collection with a private hauler. ARC is going into competition with five other companies that will provide trash service.

Press release:

Genesee ARC’s Annual Meeting and Awards Ceremony is an opportunity to celebrate and say thank you to those who have made a difference to Genesee ARC over the past year.

In addressing guests at Friday’s event at the Clarion Hotel, Executive Director Donna Saskowski described the last 12 months as challenging.

“We have faced the loss of a major contract (trash and recycling) as well as state budget reductions that may change how we do business in the future,” Saskowski said. "However, through all of that I continue to see a very dedicated group of staff and supportive families working to help guide our way."

Looking to the future, Saskowski said, “We are not going anywhere; we are here for the long haul. I can say this with conviction because our mission is to provide supports and services to individuals with disabilities and their families.”

The 2013 Spirit of ARC Award was presented to the Genesee County Office for the Aging and Director Pamela Whitmore. This award was established eight years ago to recognize an organization, business, family or individual that exemplifies the mission of ARC. Genesee ARC’s relationship with the Office for the Aging began more than three years ago when they reached out to ARC’s vocational department to request assistance in setting up tables for various activities at the Senior Center on Bank Street. This has resulted in part-time employment for three or four people several times per week ever since.

Earlier this year, Genesee ARC’s Culinary Arts Program was awarded the contract to provide meals for Genesee County’s Meals on Wheels program.

“This was the beginning of four new jobs for people we support,” Saskowski said. “Ten months later we are producing more than 100 meals daily and this contract maintains employment for those four people who are also doing something they love.”

Additionally, the Genesee County Office of the Aging provides support to some ARC seniors and assistance with tax preparation each year for many people served by ARC.

Volunteer of the Year honors were presented to Dawn Fisher, a Human Services teacher at Genesee Valley Educational Partnership.

Saskowski said, “Dawn embraces the values of integrity, honesty, and independence and is always looking for integration opportunities for people with disabilities.”

Fisher coordinates many activities involving her human services students and individuals from ARC. The Volunteer of the Year is also active in the Challenger Sports program, is a key volunteer for the Challenger Winter Fun Day and is a longtime member of the Down Syndrome Parent Support Group of Genesee County that has been supportive of Genesee ARC’s mission.

In the youth category, the spotlight was on Ashley McCormack, 12, of Darien as she was presented Youth Spotlight Award. ARC Director of Development Shelley Falitico presented the award and shared that when Ashley has a goal in mind, she does everything she can to accomplish it!

“Last fall Ashley raised $875.00 for Genesee ARC through the Challenger Sports Bowling Party. In 2010, she raised $610,” Falitico said.

Ashley has been involved in Challenger Sports since ARC’s collaboration with the YMCA began seven years ago.

“Whether soccer, dance, bowling or baseball, Ashley always gives 110 percent,” Falitico said.  

Friend of ARC Awards were presented to:

Laverne Bates, for helping develop a golf program for individuals with disabilities served by Genesee ARC and for enlisting the enthusiastic volunteer support of his family;

Ben Bonarigo, in recognition of his longtime support and commitment of Genesee ARC programs and services;

Deirdre Pehrson, a special education teacher at Genesee Valley Educational Partnership for going above and beyond to help her students excel and succeed;

Mosman Paint & Wallpaper for the difference they make in the lives of individuals with disabilities at the Genesee ARC Day Habilitation Center by donating items used for arts and crafts;

Brandon Armstrong, owner of City Styles Barber Shop, was recognized for his welcoming ways with individuals from one of ARC’s residences, who are customers of the shop;

and Cory Weber, a volunteer who has helped out with Special Olympics Track & Field, Softball and Snowshoeing competitions.

The following received Genesee ARC Achievement awards: Tyler Kreutter,
Stacy Gill, Deborah Lehman, Sarah Dieck, Jennifer Pawlak, Betsy Hamilton, Valerie Penepent, Terry Warters and Samuel Russell.

Genesee Staff Shining Star honorees for 2013 are: Vanessa Dempsey, Medicaid Service coordinator; Theresa O’Hearn, Day Habilitation specialist; Catherine Pangrazio, bus aide; Rebecca Podlasek, Culinary Arts specialist and Karen Roesch, residential assistant.

Longevity awards went to the following individuals: Dan O’Grady, Joe Barone and George Hughes -- 40 years;  Madaline Cleveland, Jeff Glazier, Liana Harding -- 35 years; Julieanne George, Sherry Markle -- 30 years; Judy Chapell, Ben Conwell, Paul Alexander -- 25 years; William, Joseph Mergler, Paul Miller, Alan Nygard, Cheryl Squires, Dolores Wanser, Rebecca Ritz and Marguerite Rodriguez -- 20 years.

Staff longevity award recipients were: Sandy Konfederath -- 20 years; Joseph Hoak, Teresa Hodge, Nicole Mudrzynski and Traci Manes -- 15 years;  Andrea Anderson, Leoti Cudney, Jennifer Elmore, Sandra Moskal, Catherine Schultz and April Zeilman -- 10 years.

The Master of Ceremonies was Assemblyman Steve Hawley. There were more than 325 guests in attendance at the banquet, which also serves as Genesee ARC’s official annual meeting.

Board Officers for the upcoming year are: Candie Pocock, president; Debrah Fischer, vice president; Jane Scott, treasurer and Deborah Riggi, secretary.

Photo from Genesee ARC. Pictured are, Pam Whitmore, representing the Genesee County Office for the Aging -- Spirit of ARC Award; Dawn Fisher -- Volunteer of the Year; Assemblyman Steve Hawley -- Master of Ceremonies; Donna Saskowski -- ARC Executive Director, and (seated), Ashley McCormack -- Youth Spotlight Award.

Tonight Genesee ARC hosted its annual Stardust Ball at the Byron Fire Hall.

Some 65 people, including ARC clients and family members, attended the event.

Couples were encouraged to wear the best gowns or suits and each received a handmade -- by volunteers -- corsage or boutonnière. Attendees could also get a formal portrait taken as a keepsake.

Top photo, Josh Derick (a big fan of The Batavian) and Jennifer Pavlick.

Steven Jenney and Joanne Ladd

Collin Wickings and Nicole Hirtzel

Justin Shaw and Colleen Fisher

There was nearly a full house for Monday night's public hearing on proposed changes to the City of Batavia's garbage collection law.

Most speakers -- and most applauders -- argued for some variation of "keep Genesee ARC" as the city's official garbage collection agency.

A couple of speakers said the city should get out of the garbage business.

There was no vote or comment by the council itself Monday. Council members did what they do at public hearings -- sat and listened.

The council is considering a proposed change to the ordinance that would take the cost of garbage collection off the tax rolls, end a 28-year relationship with Genesee ARC, and leave it up to each individual resident to contract with a garbage collection company of his or her choice.

Even the speakers who favor free choice said they would go with Genesee ARC if the price was competitive.

"If ARC chooses to provide trash service I will go with them," said John Roach, who supports the proposal to get the city out of the trash business. "It's the right thing to do and a good many people feel the same way."

But many supporters, such as Carol Grasso, said the city has pulled a fast one on residents by proposing a single-payer, pay-as-you-throw tote system and then when people protested, just saying, "OK, we'll get out of the trash business."

"Council may have misunderstood what we wanted," Grasso said. "Many of us wanted it to stay the way it was."

Grasso suggested that if the council votes for the new ordinance, come November, local voters may just "throw out the garbage."

Mary Ellen Wilber suggested that supporters of ARC may just seek the 400 signatures necessary for a ballot initiative to overturn any decision that gets the city out of the trash business.

"We need to do something together as a city and work together," Wilbur said. "You guys need to understand it wasn’t really broken. I don’t know what happened that this came to this point, but it has to be equitable for everybody."

Thomas Houseknecht said the proposed change unfairly increases the cost for city residents who can least afford the increase and offered to serve on a committee that would help the city come up with a better plan for garbage collection.

Several people made such an offer, and even supporters of choice, such as Jim Rosenbeck, said the city hasn't collected enough public input, studied the issue thoroughly and given it enough time.

"Trying to make the decision in two months is unfair to people," Rosenbeck said.

While he also offered to serve on a trash committee, Rosenbeck clearly favors getting the city out of the trash business.

"I don't believe the sky will fall if the city gets out of the trash collection business," Rosenbeck said. "It works in the town. It works in other communities. I think if trash piles up on the streets, you folks are charged with making sure that's taken care of, and I trust that you will."

Donna Rae Sutherland said the city getting out of the trash business is "bad governance" because it's the city's responsibility to provide shared services that benefit all residents.

Part of the economic calculation, she said, needs to include the local impact of Genesee ARC on jobs created, taxes paid, money spent locally -- the whole multiplier effect of local employment.

A trash collection committee should be formed, she said, to come up with a plan in conjunction with ARC that will increase recycling and create shared revenue with the city.

A select-your-own system, she said, is just going to lead to problems.

"Absentee landlords and unruly tenants will certainly clash over who pays and who is responsible for trash collection," Sutherland said. "Neighbors with garbage contacts and business owners with Dumpsters will find other people’s trash added to their own. Pocket parks and green spaces and back alleys will become drop garbage zones and our streets will become more congested with trash vendors."

Roach said, free choice works in other communities and there's no reason it can't work in Batavia.

"Former City Council President Charlie Mallow has moved to Webster where they have this free choice system and everybody has a different service provider," Roach said. "According to the former city council president, it is not a major problem, trucks running up and down the streets or anything like that. It’s workable. Glens Falls doesn’t have a problem. Saratoga doesn’t have a problem. The Town of Batavia doesn’t have a problem. Get out of the trash business. I don’t need anybody telling me who I have to hire."

Below is a press release from the parent organization of Genesee ARC about Gov. Andrew Cuomo's proposed cuts to funding for programs that assist people with developmental disabilities.

According to Sandy Konfederath, of Genesee ARC, the proposed cuts would "equal $600,000" for the local agency.

The photo is of Deb and Mike Riggi, of Oakfield, and their daughters, Masha and Cassidy, during a meeting Saturday with Sen. Mike Ranzenhofer. Deb Riggi is a Genesee ARC board member. The Riggis and Genesee ARC Executive Director Donna Saskowski met with the Senator to discuss the local impact such funding cuts.

Press release:

NYSARC, Inc., the nation's largest nonprofit agency serving people with developmental disabilities, is urging the Legislature and the Governor to approve a final budget deal restoring $120 million in State funding to programs and services for people with developmental disabilities.

The reduction is a result of a 6 percent across-the-board cut which was contained in the Governor's budget. When federal funds are included, the cut is $240 million.

"These cuts are catastrophic," said NYSARC Executive Director Marc Brandt. "They are in addition to the nearly $350 million in cuts developmental disabilities services have sustained over the past three years."

Agencies throughout New York State care for 126,000 individuals with developmental disabilities. It is the largest system of its kind in the nation.

Brandt said that "We expect that many agencies will sharply curtail service and some may face closure" as they are unable to meet payroll and pay for goods and services.

"Many of these agencies serve vulnerable people, some of whom are medically frail, many of whom require 24-hour care. We don't know what will happen with them. Many, particularly adults, have no families to step in should an agency fail. This is a recipe for disaster for this population."

Furthermore, Brandt added, "the staff that provides hands-on care are already stretched to the breaking point from prior year cuts and a staggering onslaught of regulations."

"Seventy percent of all agency funding goes to pay these individuals. Simple math will force these employees to absorb layoffs, shortened hours, and increased medical costs."

"Now, these cuts will push many of these staff beyond the breaking point. Many of people they care for will find their quality of care eroded and be exposed to far greater health and safety risks."

"The Governor's Justice Center was aimed at enhancing the health and safety of the people we serve. We strongly support the Justice Center. However, we can't help but note that these cuts will undermine the primary aim of the Justice Center -- to safeguard the people we serve."

"When New York State elected to build a large system of community-based care for people with developmental disabilities, it accepted a moral responsibility for decent care. Some argue that a system this large should never have been built. But over decades, New York State built it. That reality won't go away. The State must continue to own up to its clear moral obligation to provide decent care to tens of thousands of people with developmental disabilities and their families. The State must eliminate this cut."

The Batavia City Council meets at city hall tonight at 7 o'clock and top on the agenda are the proposed changes to how garbage and recycling are collected in the city.

The council will be asked to pass several resolutions, which will: alter the city's solid waste code; enter into a bond anticipation note to buy totes; enter into a contract with Allied Waste Services for trash and recycling collection; purchase totes from Cascade Engineering; establish a refuse and recycling fund; and set a refuse and recycling user fee.

All must pass in order for a new system to go into effect.

Supporters of Genesee ARC are expected once again to fill council chambers in hopes of persuading at least five council members to vote against the proposed plan.

If the changes go through, a 28-year relationship between ARC and the city for garbage collection comes to an end.

Following the seven resolution items, the council will be asked to adopt a budget resolution. The budget contains an 16-percent cut in the property tax rate. The reduction hinges on the new trash program. If that vote fails, it's unlikely the council will be able to approve the proposed budget and the city will need to redraft the budget.

There is no agenda item for public comment during the special business meeting.

Following the special business meeting, the council will hold a conference meeting.

On the conference meeting agenda are items to establish an investment policy and the Dwyer Stadium lease for the Batavia Muckdogs.

Also on the agenda is consideration of foreclosed properties.

The city has foreclosed on five properties for delinquent property taxes. City staff is recommending three of the properties go up for public auction and that two of the properites be provided to Habitat for Humanity for restoration.

Recommended for auction are:

• 339-341 Ellicott St., zoned commercial, valued at $60,000 and with $23,061.57 in unpaid property taxes.
• 10 Swan St., zoned commercial (but looks like a residential property), valued at $61,000 and with $18,730.08 in back taxes.
• 61 Oak St., single family, valued at $83,000 and with $24,894.08 in taxes owed.

Recommended for Habitat are 11 Harvester Ave. and 2 McKinley. Both properties were once owned by the Pontillo family. Both properties have been vacant for a considerable amount of time. Habitat, according to the staff report, has reviewed both properties and expressed an interest.

Over the past seven years, Habitat has rehabilitated five single-family homes in the city. The average assessed value has climbed from $49,520 to $68,400.

Even as supporters of Genesee ARC hope to garner enough public support to sway the Batavia City Council away from trashing a 30-year relationship for garbage collection in the city, the agency is looking at its options should it lose the garbage contact.

ARC Executive Director Donna Saskowski said she's formed an internal task force to look at all of the options for the agency.

The core mission of ARC, Saskowski said, is to provide services and employment to people with disabilities. That will not change, regardless of the outcome of the proposed changes to the local solid waste law.

"My job is to take care of the people we serve," Saskowski said. "We're researching as many options as possible."

Julie Pacatte, economic development coordinator for the Batavia Development Corp. (BDC), has also stepped in to help line up resources for placing any agency employees who might otherwise be eligible for unemployment.

Of the 30 people who work in the garbage and recycling collection program, some are more properly classified as clients of ARC, Saskowski explained, and even though they are paid for their work, they are not eligible for unemployment benefits.

Those people, Saskowski said, will continue to be assigned work by ARC one way or the other.

Another group are actually employees of the agency and must work in community-based employment.

If jobs are not found for them, they would be eligible for unemployment benefits.

There are approximately -- the number fluctuates -- 15 such people.

Some of the agency's employees who could be affected by a loss of the contract have no disabilities.

Pacatte is pulling together resources, including the county's Job Development Bureau to help them find work.

There are private employers who have already expressed an interest and both Pacatte and Saskowski hope more come forward.

Nationally, 70 percent of people with disabilities are unemployed.

"We're looking for any company that could use a well-trained, dedicated workforce," Saskowski said. "We work with each individual and try to find the best situation for (him or her)."

Pacatte said there are a few tax-credit programs employers can benefit from if they hire a person with a disability.

Working to help ARC is what the BDC should do, Pacatte said, "with any company that is anticipating any kind of major shift in their workforce."

If the council votes against the proposed ordinance change, Saskowski said she doesn't really know what will happen with garbage collection in Batavia come March 31 when the current contract expires. She referred that question to City Manager Jason Molino.

"I couldn't even address it at this point," Saskowski said.

Late this afternoon, Molino wasn't immediately available for comment.

Along with finding jobs for anyone displaced by a change in garbage collection, ARC is looking for other companies to do contract work for and other entrepreneurial options.

"We're looking at just about anything and everything," Saskowski said.

Information for employers:

• Private Employer Federal Tax Benefits for hiring folks with disabilities
• Private Employer New York State Tax Benefits for hiring people with disabilities

Supporters of Genesee ARC are planning a rally at 6:15 p.m., Monday, outside Batavia City Hall, to voice support of the agency, which may lose its garbage collection contract with the city.

The city council will hold a public hearing at 7 p.m. on proposed changes to local laws governing garbage collection.

The changes are necessary to institute an automated tote collection system.

Genesee ARC, which has collected trash in the city for nearly 30 years, submitted the highest bid for the new contract.

Genesee ARC will be able to claim its recycling center at 3785 W. Main St. Road, Batavia, as a tax-exempt property despite missing an important deadline.

According to the county's Deputy Treasurer Matt Landers the nonprofit organization failed to apply for tax-exempt status on the property by the tax status deadline date.

As a result, three local government agencies included in their budgets anticipated revenue from the 5.3-acre parcel, which has an accessed value of $860,000.

When ARC asked to receive tax-exempt status, Landers said his initial reaction was "no," because of the budget concerns.

Then a staff member found a legal opinion that states that an owner is eligible for reconsideration of tax-exempt status after a missed deadline if the assessor concurs in writing that the property was eligible on the tax status date.

The decision wipes out more than $30,000 of anticipated revenue for local governments.

Batavia City Schools anticipated in its 2012-2013 budget revenue of $21,543.07.

According to Landers, district officials, when faced with the revenue loss, double checked the legal opinion and reached the same conclusion as the county Assessor's Office.

The county was set to receive in 2013 $3,650.37 in Medicaid mandate taxes and another $4,189.84 in county property tax.

The Town of Batavia Fire District will see its revenue for 2013 drop by $2,012.36.

Genesee ARC held its grand opening for its new recycling facility on West Main, formally a location for Duro Shed, in September.

Supporters of Genesee ARC packed city council chambers Monday night and encouraged the council to keep jobs local, support workers with disabilities and consider whether a proposed new garbage collection system would really save residents money.

Of the 16 people who spoke, all but about three of them encouraged the council to stick with ARC for garbage collection, whether under the tote system or not. Of the Genesee ARC supporters, about half of them opposed the totes for one reason or another.

"If a business expressed an interest to locate to this area and create 30 new jobs, most areas would offer some kind of incentive to promote them to come to this area and I would hope you would, too," Dave O'Geen said. "Well, we have the opportunity to keep a business with the 30 jobs that the trash and recycling center currently employs."

O'Geen, like every Genesee ARC supporter, received a big round of applause from most of those in attendance. Those who spoke in favor of going to the new system and awarding the bid to the lowest bidder were met with silence.

"Most people I know don’t care who gets the contract as long as it’s the best contract at the lowest price," John Roach said.

The council set a Feb. 11 date for a public hearing on proposed changes to city ordinances to make the new system possible.

Several speakers appealed to the council not to hire an out-of-state contractor.

"Let’s talk about the $450,000 in lost revenue from the people at ARC who will lose their jobs," Carol Grasso said. "Did you ever stop to think that their money is spent right here in our area? Yup, $450,000, I checked it out, that’s their paychecks. They spend it here in the city. It’s like having free trash pick up as far as I’m concerned.

"Some small cities need to stay small," Grasso added. "Let’s do what’s good for Batavia, not some other state."

Tom Houseknecht, a generous financial supporter of Genesee ARC, questioned the dollar-and-cents value of the proposed change in trash collection.

While Houseknecht, who owns commercial property in the city, welcomes a decrease in property tax, he considers the switch to a fee-based system for trash pick-up a "regressive" tax on the city's less well-to-do residents.

"The minimum size tote that will be issued by the city is currently projected to cost a resident $169," Houseknecht said. "With tax rates decreasing $1.56 per thousand, anyone with an assessed value of less than $108,000 will actually be paying more. ...

"If my conclusion is correct," Houseknecht added, "I would ask council to focus on the greater good for the majority of their constituents and not succumb to the lure of lower tax rates that result when refuse is removed from the operating budget."

Paula Fisher (top inset photo) thinks any decrease in the tax rate will be short-lived.

"The levy for trash pick-up in previous budgets was approximately 20 percent," Fisher said. "Our tax rate is going down 14 percent. This tells me our tax rate is going up six. In five years, our tax rate will be right back up there, ARC will be out of the trash business and the bids for trash collection, since they know we don’t have (a) preferred vendor available, will go up."

John Mortollaro said he doesn't really understand the financial implications.

"I still don’t understand how much we’re going to save and how much it’s going to cost," Mortollaro said. "I think this needs to be brought out and explained to the people so they can understand it better."

Kyle Couchman said he's dealt with the kind of proposed plastic totes before, and they don't hold up to Western New York's harsh winters.

Several speakers said older residents will struggle with the totes, Batavia's homes are really too close together to store the totes in a way that isn't unsightly, and that they will be difficult to put by the curb when snow is heavy.

Roach said he has friends and relatives in the garbage collection business in other cities and such concerns are overblown, he said.

"These totes last forever," Roach said. "As for parking and the driveway situation, it's much worse in Kenmore than in Batavia and they don't really have a problem getting them to the end of the driveway. I don’t have a garage and storing them in my backyard isn’t something I’m looking forward to, but it’s not going to be insurmountable either."

Ed DeJaneiro (top photo) said he likes the totes and thinks the new system will encourage recycling. He would just like to see ARC get the contract.

"ARC has always been there for us," DeJaneiro said. "They will continue to be there. I know it’s more money, as proposed, but we’re not sure how much recycling response we’re going to get."

Bottom inset photo: City Historian Larry Barnes listens to the discussion.

The Batavia City Council will discuss a resolution to award a refuse and recycling collection contract to Allied Waste Services at its Monday meeting. A public hearing date has not yet been announced, but there will be one before a vote on the matter Feb. 25.

City staff is recommending Allied as the lowest responsible bidder for the contract.

Allied's bid for the first five years was $4,341,125.

Genesee ARC, which has provided trash service to city residents for nearly 30 years, submitted the highest bid at $5,073,673.

Cascade Engineering has received staff recommendation as the lowest responsible bidder for a supply of wheeled trash and recycling carts to be delivered to residents.

At the Feb. 25 meeting, the council will also need to vote on a resolution amending the local law to make the new tote-based system possible. This resolution likewise will be the subject of a public hearing with the date to be announced beforehand.

Also on this Monday's agenda:

• Councilwoman Rosemary Christian has asked the council to approve a letter supporting a ban on assault rifles;
• There's a request to discuss sidewalk snow removal under Section 159-8 of the municipal code;
• Prospective owners of the former State Police barracks are asking that the property be rezoned, as it once was, to industrial. A purchase offer for the property is contingent on the zoning change. The property is located at 655 W. Main St.;
• The council will be asked to schedule a public hearing on the proposed city budget.

Open Letter:

There has been much misinformation and confusion regarding Genesee ARC and the city’s Trash and Recycling Request for Bids. I am writing to clarify the process from the ARC perspective. The city administration also has information, a perspective, and opinion on this issue. I am speaking on behalf of Genesee ARC to answer some of the many questions that have been posed to me and on the various sites in social media, The Batavian, and The Daily News.

I’d like to preface this letter with the fact that we are a nonprofit organization and we are mission driven, as we should be. Our decisions in every aspect of the work we do are predicated upon doing what is best for the individuals we serve. We have a highly dedicated staff who understand that this is our purpose: “to support people with disabilities, in partnership with their families and the community.  ... and nurture their social, spiritual, physical and emotional growth.”

Genesee ARC began discussions regarding contract renewal with the city administration last summer. The city administration presented a number of new options that they wanted to transition to, including the cart system. This program was something we were asked not to share and we didn’t share, at their request. We voiced our concerns about this change because it would eliminate a number of jobs for the people we support. If we are not providing jobs for people with disabilities we are not following our mission. We also discussed single-stream recycling which would be difficult for us to implement but felt we would need to do if we were to proceed with the contract. We were asked for much information including the financial reports of the program. We complied with the city administration’s request as they said they were entitled to such as they held the contract.

We also discussed that this contract fell under the NYS Finance Law Article XI, Section 161 & 162 4(b)(i), which governs Preferred Source Vendors and Municipalities in NYS. A municipality must work with a Preferred Source Vendor if there is a vendor who can provide the service or commodity. The vendor must provide the service in the “form, function, and utility" as prescribed by the municipality. This is an important point that plays a significant role in the current discussion.

Genesee ARC did share some of our financial information regarding this service with the city administration so that we could develop a program that would fit the city’s needs and requests. After that submission we did not meet again even though we requested additional meetings with the director of Public Works.

On November 6, 2012, NYSID, the organization that facilitates the Preferred Source contracts and Genesee ARC received a request for bid from the City of Batavia. At that time we had 10 days to respond with a letter of intent as required in Section 162 referenced earlier. NYSID did respond on our behalf as required within the required timeframe. A meeting was requested by Genesee ARC and NYSID with city administration which they accommodated on November 14th at which time the city advised that they considered our letter to be insufficient. Subsequently, a second letter was submitted which clearly stated that we would fulfill the contract following the “form, function, and utility.” The city manager asked at the end of our meeting if we (Genesee ARC) could fulfill the contract in “form, function, and utility” and my final answer was “Yes." Subsequently, the city administration claimed we were non-responsive, in spite of the letter from NYSID and my in-person verbal response to the contrary.

On November 29th we received a response from the city administration that they did not recognize our request as a Preferred Source Vendor and had determined that we would not be able to meet the “form, function, and utility” of the request based on previous conversations with Genesee ARC. On that same day, the Request for Bid was submitted to all public bidders and posted on the city’s Web site. Of course we were eligible to submit a bid as well.

We considered filing an Article 78 motion to force recognition of our status but determined that it would not likely be of benefit.

At that time we were determined to participate and compete in the bid process to the best of our ability and try to maintain as many jobs for the people we support as possible.

The public should understand that the tote/cart system was a part of the city's request and unless ARC complied with the critical components of the proposal we could not participate at all. The city does have the right to propose such a program, if the residents disagree with this recommendation they should appeal to their council representatives. The bidders all had access to the provisions of the RFB and needed to submit a proposal that met the requirements or be disqualified.

Genesee ARC followed all the requirements. We consulted with regional experts in the field and submitted what we felt was a competitive bid and one that keep a majority of the people who currently work on the contract employed.

The city requested automated and semi-automated service. The purchase of all new equipment was not within our budget. We could however retrofit two of our trucks and retain the recycling pick up. We were able to work with a company from Chili which would be able to fulfill the trash collection and disposal portion of the contract. Again, this helped us retain jobs for most of the people with disabilities, who were employed on this contract.

We went head-to-head in the competitive marketplace as many have felt should have happened for many years, in spite of our Preferred Source Vendor status as written in NYS law. Although I believe we gave it our best effort, we were competing against national companies who bring all of their considerable resources to the table with them. I liken this to a Big Box store competing against a homegrown Mom-and-Pop grocery mart. The financial position of the bigger companies is hard to overcome.

We provided value-added components that we thought were worthy of consideration, as well as the knowledge that dollars spent with ARC are reinvested locally.

The final decision will be up to the council members. We will accept their decision but hope that they review all proposals fully before rendering that final decision.

There have been a number of questions regarding the financial statements and charts that were in the city manager’s presentation of January 14, 2013. I would ask that the charts from pages 7 and 9 be looked at carefully. The presentation indicates that current city costs are approximately $1,016,034. That may be true, but ARC has been paid only $811,000 for the fifth year of the contract, it was lower each of the previous four years. In fact, this final year of the contract is lower than the contract of 2007, which was $870,707. This shows that the payment to Genesee ARC has decreased over the past five years. The difference between what ARC is paid and the annual cost of the contract could be attributed to the rate that the city negotiated with its vendor for disposal. We do not receive any reimbursement for that portion of the contract. As for the five-year prediction, the city manager will need to provide an explanation for such a dramatic increase as over the past five years ARC has only experienced an average increase in revenue of 2 percent.

Also in clarification to concerns about prevailing wages: Genesee ARC has always paid prevailing wages for any municipal, government or any other contract that has required it, including the contract with the City of Batavia. ARC employees also receive a full benefit package to include health insurance if they so choose.

Regarding wages for other people who work within our vocational program, they receive compensation at various levels that fall within our Special Wage Certificate as granted by the Federal Department of Labor. These wages are carefully monitored not only by DOL but also OPWDD (Office of People with Developmental Disabilities) and NYS DOL.

People who experience disabilities have the highest level of unemployment in the U.S. at approximately 14.4 percent based on the U.S. National Bureau of Statistics. That rises to almost 70 percent for someone with a developmental disability. One of our major initiatives is to access employment in the community for the people we support. This is not an easy task. There are several local companies who have been very supportive of these efforts yet we continue to have many people who remained unemployed or underemployed. Our ultimate goal would be to be able to close our work center because the people we support are employed in the community.

We would be happy to work with any company, agency, or local government entity that would be interested in learning more about providing employment opportunities for the people we serve at Genesee ARC.

In closing, this is a very complex topic. The depth of this issue and implications for all parties involved cannot be summarized in a two-minute interview with a news outlet or conveyed in the back-and-forth of an online news site. The financial implications for the city are significant, as are the impacts to the residents of the city. For those who seek more in-depth information regarding the proposals you can ask to see them at city hall. You can also review the new ordinance that will govern this process. Also you should attend every council meeting and utilize the opportunity they provide to you to express your thoughts and opinions.

Genesee ARC will continue to provide services to the people with developmental disabilities in Genesee County. The loss of this contract will have implications for everyone who works on the contract and our community as well. In the end, whatever the outcome, we will continue to provide whatever supports we can to everyone we serve. It is our mission and this drives our actions and our future endeavors.

Respectfully and proudly submitted,

Donna Saskowski
Executive Director
Genesee ARC

Somebody has created a Facebook page called Batavians Want to Keep ARC Trash Collection in an apparent effort to build the necessary political pressure on the Batavia City Council to retain ARC as the company that picks up the city's residential waste.

After nearly 30 years of waste management for the city by ARC, the agency has been required to compete with other companies for the contract, which includes a significant change to how garbage and recycling is handled in Batavia.

The page also contains a link to an online petition for city residents to sign in support of Genesee ARC.

From as many as 10 Genesee ARC employees could lose jobs, including people with disabilities, if the city council awards the bid to another company.

Genesee ARC submitted the highest bid at $4.99 million over five years, compared to the lowest bid, by Arizona-based Allied/Republic at $4.34 million.

The city council will decide which company gets the trash collection contract in February.

Everything you might like to know about the new garbage collection service is contained in documents posted to the city's Web site.

In conjunction with two partners, Genesee ARC submitted a bid to continue providing the City of Batavia garbage and recycling service.

Donna Saskowski, executive director of the ARC, sat through the bid opening at city hall today and characterized her agency's bid as "somewhere in the middle."

But, she said, the city's decision doesn't just come down to price. It's also a matter of being responsive to the bid specifications and she thinks ARC delivers value to the city beyond just price.

"I would hope they could give us a real fair hearing in terms of our value-added items that we will do for the city, keeping people employed here," Saskowski said.

She added that the agency's partners on the project, Boon and Son and Cascade Recovery, also add value to the package; Cascade, in particular, which can sell recyclables anywhere in the world.

"They want a share of that revenue and the city can get more than they ask for if they work with us," Saskowski said.

In the public meeting to open the bids, Director of Public Works Sally Kuzon read each bid for garbage collection and the purchase of totes (two separate bids). A city staff member recorded the bids. When asked for a copy of the record of bids, Kuzon declined to provide a copy to the media.

Saskowski shared ARC's bid, which for refuse collection is $102.97 per parcel per year and $60.13 for recycling. Refuse disposal is $42.50 per ton.

In response to a FOIL request for the rest of the bids, City Clerk Heider Parker said, "This information will be available within 20 business days but I will notify you if it is available sooner."

Deciding to proceed with a bid was a big decision for Genesee ARC, which has provided the city with garbage collection services for 30 years. City officials are seeking to create a new program that is more automated and encourages recycling. ARC is partnering with Boon to provide the trucks necessary for tote pick-ups and with Cascade to help market recyclable material.

"We decided to go ahead because we still have people with disabilities and people in Genesee County who still need jobs here," Saskowski said. "That was my major motivation."

Sean Mason, an environmental sales specialist representing one of the tote manufacturers bidding on the job, Rehrig Pacific, said his company is motivated to help communities improve what they send into the waste stream. Rehrig Pacific has been making totes for 13 years and been in the plastics business for 100 years.

"We're always looking to increase our footprint and to help communities increase their recycling rate and increase the participation per household," Mason said (pictured below with coworker Jason Gimlin).

High school students from throughout Genesee County were at the Genesee ARC building on Woodrow Road, Batavia, this evening learning about being volunteers for the upcoming Challenge Soccer season.

The Challenger program gives youngsters with developmental disabilities an opportunity to participate in sporting events.

Organizer Shelley Falitico explained the history of the program, what volunteers do and taught the students a little bit about what it's like to deal with a disability.

As a demonstration, she placed a student in a wheelchair and told him he could use only one arm. She then required a normally talkative student to wear a mask and told him he couldn't talk and had several students wear eye covers so they couldn't see. The student in the wheelchair then had to try to distribute a brochure about Genesee ARC.

Falitico pointed out all the ways in which the students' natural reactions to having their abilities limited in this manner is much like what it is for some of the youngsters they will deal with as part of Challenger.

The students participating include a group from the Pembroke soccer team, who were there to "pay it forward."

Two seasons ago, the team was reinstated, but players were required to raise their own funds to pay for their participation. As players and parents were working on fundraising, two Pembroke borthers, Howard and Michael Oriole, came forward and for the 2011 and 2012 seasons paid all of the team's costs.

"We obviously felt blessed and honored," said one of the mothers of the players, Lynette McGiveron. "We didn't know what to say."

Since the brothers both have disabilities, reaching out to Genesee ARC for a volunteer opportunity seemed like an appropriate way for the soccer players to give back to the community.

"We were obviously very grateful and we just felt the need to pay it forward," McGiveron said.

The city has ambitious plans to transform waste collection in Batavia into a service that bills all property owners, encourages recycling and reduces costs through automation.

The details of the city's goals are part of two requests for proposals (RFPs) posted earlier this week on the city's Web site. One RFP covers a supply of wheeled recycling and refuse totes (or carts) and the other seeks a contractor to provide refuse and recycling pick up.

The new program would move the city away from the current use of garbage bags, cans and small blue recycling buckets.

And if Genesee ARC doesn't win the contract -- or fails to bid on it -- it could mean the end of a 30-year relationship with the agency that serves the local developmentally disabled community.

Under terms of the RFPs, the city would purchase the totes and handle all billing, accounting and fee collections.

Property owners would pay the fees and be responsible for determining which size refuse and recycling carts they would use (outside of just accepting the default options).

The fee paid by each property owner would be based on the size of the refuse cart. A 95-gallon tote would cost more than a 65-gallon tote.

The actual amount of the fee will be determined based on the cost of the contracts awarded.

The variable fee program will end the practice of charging for waste collection through property taxes. City Manager Jason Molino said this should lead to a reduction in property taxes for city residents.

Customers would receive free recycling totes, regardless of number or size.

The default options for a single family home is a 95-gallon refuse container and a 65-gallon recycling tote.

Molino said the city hopes residents will put the emphasis on recycling, not waste disposal.

"The city wants you to request 95-gallon recycling tote and a 65-gallon refuse tote because it’s cheaper and you generate less refuse tonnage and you divert more to the recycling stream," Molino said.

Multiple dwelling units, up to four families, would each get a 95-gallon refuse cart per family and one 65-gallon recycling cart per property.

The property owner could request a different configuration, and requesting bigger recycling containers and smaller refuse containers would save the property owner money.

The wheeled totes would come in 35, 65 and 95 gallon sizes and meet certain specified quality standards. according to the RFP. They would be covered by a 10-year warranty.

The waste collection company would be expected to deploy two trucks each weekday (except specified holidays).

According to the RFPs, the city generates 4,487 tons of refuse annually, and though statistics have not been kept on recycling collection, the city estimates local residents and businesses generate 800 to 900 tons of recycling material annually.

As part of the waste program, large items left curbside for pick up will require a city-purchased sticker -- at $5 per sticker. Since 2008, an average of 3,070 bulk waste stickers sold annually.

The city anticipates a need for 5,300 garbage totes and 5,000 for recycling.

Refuse would be picked up every week and the recycling bin for each customer would be picked up every other week.

Molino said the city will also try to encourage composting by residents of organic matter to help reduce the amount of garbage going into the refuse stream.

"That’s more of an education effort," Molino said.

Bids will be opened in a public meeting at 1 p.m., Jan. 9.

The contract award will be based on meeting RFP specifications and costs.

Molino and a committee will review the bids, reject any that don't meet specifications and then recommend a bid winner to the city council.

The city council would have to approve the contracts -- at a Jan. 28 meeting -- and could potentially reject any recommended bid.

If a bid is accepted, the contractor would be expected to finish delivery of totes to customers by the end of May and the new collection service would start in June.

The request for bids comes near the end of a five-year contract between the city and Genesee ARC. 

Genesee ARC has provided the city's garbage service for nearly 30 years and at an annual cost, recently, of $810,000 a year. The agency, based in Batavia, employs 30 people in the service, including 20 with developmental disabilities.

In order to compete for the bid, ARC would likely need to consider buying at least two new garbage trucks, and possibly a third just to handle recycling, in order to meet the specifications of the new proposed contract.

Each truck costs a minimum of $100,000, with prices ranging up to $200,000 each.

Donna Saskowski, executive director of the ARC, said the agency continues to evaluate its options and hasn't made a decision about how it's going to proceed.

Currently, ARC employs two people per garbage truck and three people per truck for recycling pick up.

The automated trucks designed to pick up totes only need one employee per truck.

The potential impact on the agency's employment per truck isn't necessarily the agency's primary concern, Saskowski said.

"We’re tring to be as businesslike and as professional as we can and address the needs of citizen of Batavia," Saskowski said. "That really is our goal."

Genesee ARC, which has provided trash service to the City of Batavia for nearly 30 years, is facing the possible loss of the contract with a city decision to put the trash collection contract out to bid.

Though Genesee ARC is welcome to be among the bidders, as many as three private firms are expect to place bids.

"I think it comes down to the efficiency and effectiveness of the service being provided to the residents," Molino said on WBTA's Main and Center program this morning. "Our approach moving forward with refuse collection -- and it has been -- is how do we continue to divert refuse tonnage from the refuse stream to the recycling stream, and ultimately lowering costs to the residents."

Genesee ARC employs 30 people, including 20 with developmental disabilities, for trash hauling and recycling pick up. The agency is paid $810,000 a year for the service.

The last contract was signed five years ago.

“This is a competitive bid, no different than any other bid for any other service,” Molino said. “If you can provide that service and you can support it and provide the services we’re requesting, then they can continue to provide it.”

Molino also told WBTA he has received virtually no complaints about the service provided by the ARC.

Donna Saskowski, executive director of the ARC, says the trash contract with the city is vital to the agency.

“Mostly because it goes to our mission of employing people with developmental disabilities here locally in our community and it would mean that 20 individuals with developmental disabilities would be unemployed, as well as the staff – all residents of Genesee County – who would become unemployed," Saskowski said.

Molino expects as many as three private companies will submit bids for the trash contract. Saskowski said the ARC is weighing its options.

Saskowski said that even if ARC no longer provides recycling pick up in the city, ARC will certainly try to keep operating its recycling center on West Main Street Road, Town of Batavia.

"Without the city contract it (recycling) would certainly be a diminishment," Saskowski said. "We are dedicated to recycling and we would certainly look for other opportunities."

Press release:

Genesee ARC saluted local business partners during a luncheon Thursday, celebrating National Disability Employment Awareness Month. The event is an opportunity to thank local businesses for believing in the abilities of the ARC workforce, both in the community and through Work Center subcontracts.

The theme of this year’s NDEAM awareness campaign is "Building an Inclusive Workforce" and focuses on recruiting, hiring and retaining employees with disabilities. Scott Jones, Genesee ARC director of Vocational Services, thanked business partners and asked them to share their ARC experience with colleagues in the business community.

“We can help place, train and work alongside an individual to help them succeed at a job placement,” Jones said. “Our success rate is phenomenal and we have a team of enthusiastic workers, with a variety of skills."

One individual on the ARC workforce was singled out for recognition at the luncheon. Roxy Kio of Batavia is one of 59 Joslin Outstanding Performers recognized through NYSID’s annual people-centered awards program.

NYSID (New York State Industries for the Disabled) is a not-for-profit business which administers Preferred Source contracts for goods and services in support of state and local government procurement budgets, to achieve its mission of “Turning business opportunities into JOBS for New Yorkers with disabilities.”

Roxy joined the Genesee ARC workforce in February 2011. She learned about different types of contract work jobs and was initially trained on piecework tasks. She quickly mastered her new work skills and was open-minded to learning more about training and new assignments.

In March of last year, she began working with the janitorial crew and due to her thoroughness and attention to detail, she worked at 100-percent productivity rate. Over the summer, Roxy joined the Culinary Arts team at the Genesee ARC Community Center and has been assisting daily with the Meals on Wheels contract.

As a ‘Joslin Outstanding Performer’ Roxy received a certificate of achievement and cash award in a presentation by Assemblyman Steve Hawley. She will also be featured in NYSID’s annual yearbook.

Genesee ARC works with about 60 local business partners through individual employee placements, the trash & recycling center, work center and community contracts.

Businesses who want to learn about the benefits of building an inclusive workforce may contact Scott Jones at 343-1123 or scjones@rochester.rr.com.

Submitted photo: Scott Jones, ARC, Roxy Kio, award recipient, Margie Werder, NYSID, Donna Saskowski, ARC executive director, and Assemblyman Steve Hawley.