Casella Waste Systems

Arc GLOW is apparently set to sell its garbage collection and recycling business to Casella Waste Systems.

The Arc board has not yet approved the transaction, and the terms of the sale are not available.

The Batavian made multiple attempts to reach Martin Miskell, the CEO of Arc GLOW, for comment. 

Joseph Fusco, a vice president with Casella, said, "We don't comment on rumors or reports of rumors." 

Casella is a publicly-traded company, and Security and Exchange Commission regulations can prevent people with direct knowledge of acquisitions and mergers from discussing such transactions. There may also be non-disclosure agreements in place.

The Batavian spoke with multiple Arc-connected sources about the sale of the trash business to confirm that a deal is in the works.

According to a source, Arc GLOW listed the business for sale some time ago and fielded multiple offers before settling on Casella.

Arc of Genesee (which merged this year into Arc of Genesee, Livingston, Orleans and Wyoming counties) was the exclusive garbage collection service for the City of Batavia for nearly 30 years until in 2013, when the City Council agreed to allow, or require, city residents to contract individually for waste and recycling collection.

According to sources, Arc has lost money on its trash and recycling business for several years.

Arc provides services, including multiple employment opportunities, for people with disabilities.

One source said Arc employees are worried that Arc clients employed by the trash business will lose their jobs once the transaction is final.

"There are multiple people in the trash/recycling (business) worried about losing their jobs," the source said. "Arc is supposed to be an inclusive employer with the goal of servicing the community."

Fusco was given an opportunity to address that concern during a phone interview and declined.

The source also said employees have other worries:

• Loss of the drive-in recycling service for recycling and redemption; and
• Employees who receive trash and recycling services from Arc will lose their discount.

There's no information available on when the Arc board might be asked to approve the deal or when the sale might be final.

Casella acquired two local trash haulers in 2019, Trash Away and PSI Disposal.

Waste Management is the other trash hauler with a significant presence in Genesee County.

Top photo: File photo of Arc garbage collection from 2013.

Photos by Howard Owens

The Arc Recycling Center, 3785 West Main Street Road, Batavia.

File photo.  Interior of the recycling center.

File photo: Protest at City Hall in 2013 over the proposal to end the trash contract with Genesee Arc.

File photo: A packed City Council chamber for a discussion in 2013 of the Arc contract.

Parking lots, trash collection and rezoning of a small parcel on East Main Street were among the subjects of resolutions passed Monday night by Batavia City Council during its Business Meeting in the City Centre Council Board Room.

Council members voted to use $70,000 from the appropriated parking lot reserve to resurface parking lots on Center Street, Ellicott Street and at Lions Park this summer.

Projected cost per lot is $50,000 for Center Street, $12,500 for Lions Park and $7,200 for the Canale lot, which is west of 240 Ellicott St.

Williams Park is on the city’s paving scheduled for 2022-23.

• The board also formally approved an agreement with Casella Waste Systems of New York, which has offered to empty the trash cans at city parks and downtown at no charge.

The pact, set to run through Nov. 30 with the option to renew for up to two years, stipulates that Casella will empty the park receptacles on a daily basis and downtown containers on a weekly basis in return for painting the receptacles dark blue and placing a sign on them, stating “Serviced by Casella Waste.”

• Council, in order to move the Healthy Living Campus project forward, referred to the City Planning & Development Committee a request from the GLOW YMCA and United Memorial Medical Center to rezone a small parcel at 211½ E. Main St. from P-2 (Planned Development) to C-3 (Commercial) to consolidate all the property into a Commercial zone.

The rezoning referral is on the agenda of tonight’s PDC meeting at the City Centre.

Previously, City Council and the PDC signed off on the rezoning of 211 E. Main St.

Project consultant David Ciurzynski said the UMMC/St. Jerome boiler house sits on 211½ E. Main St., which is north of 211 E. Main St.

“Because our building crosses the north property line of 211 into 211½, we need to have it rezoned as well,” he said. “After everything is rezoned we can start the process of combining the various parcels into one parcel for the project.”

In other action, Council approved:

• The appointment of five residents to the City Audit Advisory Board through the end of the year. They are citizens Nicholas Harris, Marc Staley and Paul Battaglia, and Council members Bialkowski and Jankowski.

• The release of $7,136.50 from the K-9 Committed Fund Balance to offset the costs of running the program. City Manager Rachael Tabelski reported that the city received $2,332.47 in donations for the fiscal year ending March 31, 2021, but had $9,468.97 in expenses for the K-9 program during that same period. As of March 31, the K-9 Committed Fund’s balance was at $4,92.02.

The Batavia City Council is leaning toward the “let’s try it and if it doesn’t work out, we’ll end it” approach to an offer by Casella Waste Systems of New York to empty the trash receptacles at city parks and downtown at no charge.

Batavian Jeff Pero, Casella’s Batavia Division general manager, previously had reached out to City Manager Rachael Tabelski with the proposal that allows Casella crews to service the parks on a daily basis and downtown on a weekly basis in return for letting the company paint the receptacles (dark blue) and place a sign on them, stating “Serviced by Casella Waste.”

At tonight’s Conference Meeting at City Hall, the board agreed to move a resolution to enter into a contract with Casella to its June 14 Business Meeting for a formal vote. After a brief discussion on the matter, the consensus was to take the business up on its offer and if things don’t proceed as expected, it would use a clause in the pact to terminate it.

Council Member John Canale said he had three concerns with the plan.

“If we allow them to do this and we enter into this agreement … does that mean we’re not asking the citizens then to carry in and carry out? Does this cancel that out?” he asked.

Tabelski said the "carry in, carry out" policy will apply to use of the pavilions at the parks.

“So, when you use a pavilion on the weekends, we’re not doing rentals and we’re not approving overtime of DPW (Department of Public Works) staff or park staff,” she said. “However, we still have garbage cans in the parks around the playground areas and high use areas – which is what they would service.”

Canale that brought up the fact that Casella wants to label the trash cans with the “Serviced by Casella Waste” sign.

“I don’t have a big problem with that, I just don’t want to set a precedent that where other organizations may want to volunteer their services and put up some type of advertisement in the park as well … I don’t want our parks to become a billboard,” he said.

His final issue was what happens if things don’t go as planned.

“If we enter into this agreement and find out that it’s not what we thought it was, do we have a clause in there that we can cancel that agreement at any time?” he asked.

Tabelski said the contract could be cancelled without cause with a 60-day notice and immediately if either party defaulted in any manner.

Council members Rose Mary Christian and Patti Pacino shared that they have received calls from several residents who are against the idea due to poor service from Pero’s former business, Trash Away.

Council Member Paul Viele informed them that Casella is a separate company and that Pero works for the Rutland, Vt.-based enterprise.

“And I think it’s a great idea that they they’re picking it up for free. Thank you,” he said. “If it doesn’t work out, we’ll figure something out.”

Canale agreed to not judge the new company on the past, stating if a problem does arise, Council will address it.

Christian said that she is a Casella customer and said “they’re very reliable.”

Casella’s offer will mirror what is currently being done by DPW staff at the parks and downtown.

Following the meeting, Council President Eugene Jankowski Jr. said nothing has been finalized at this point.

“The process is still ongoing and there’s still now a two-week period of time for the public to weigh in,” he said. “It appears that the public has weighed in so far – and talking about the former company and the former concerns they had with the former company. This is not the same thing, It’s a different company now.”

He said that the impression he got from Council’s comments is that the new company should be given a chance.

“It’s not the same company that people are upset with. However, there still is time for the public to weigh in and if they have a concern, contact your Council member. We won’t be voting on it officially until next meeting.”

In other action, Council moved two other resolutions to the Business Meeting next month:

• Using $69,700 from the appropriated parking lot reserve fund to pave the Center Street lot ($50,000), Lions Park lot ($12,500) and Canale lot west of 240 Ellicott St. ($7,200).

“For the record, that (the Canale lot) has nothing to do with me. It’s the old Canale’s bar,” Canale said, drawing a laugh.

When asked if COVID-19 relief funds could be used for this project, Tabelski said it likely wouldn’t happen for this one – “We don’t have all the rules and regulations,” she noted – but said the might be able to appropriate some of that money for future paving projects.

Williams Park is on the city’s paving scheduled for 2022-23.

• Appointing five people to the City Audit Advisory Board through the end of the year. They are citizens Nicholas Harris, Marc Staley and Paul Battaglia, and Council members Bialkowski and Jankowski.

CALLING ALL PARADE PARTICIPANTS

Bialkowski issued a call for veterans groups and others to participate in next Monday’s Memorial Day Parade, which will start at 9:45 a.m. at the Eastown Plaza.

“We’ve sent out a lot of invitations but the RSVPs are very poor so far this year,” he said. “I’ve only got about a dozen back so far.”

He added that the Batavia High School band will be in the parade, with marchers including law enforcement and fire personnel. He said he believes there will be some pipers and is hoping for Mighty St. Joe’s Drum & Bugle Corps to take part as well.

“We have vehicles lined up for veterans who want to ride,” he said.

Bialkowski can be reached at (585) 409-3624 or at bbwski@yahoo.com.

Previously: City Council to consider Casella Waste System's offer to pick up trash from parks, downtown business district

Batavia native Jeff Pero, in his position as general manager of Casella Waste Systems of New York’s Batavia Division, said he counts it a privilege to be able to support his community by offering free trash pickup at city parks and downtown.

“Being part of this community for 37 years, I’ve been given a lot and met a lot of great people, and I saw this as an opportunity for myself and Casella to give back in a small way,” said Pero, about the Rutland, Vt.-based company’s proposal to empty the trash at the city’s nine parks on a daily basis and throughout the downtown business district once a week.

Pero said he read that Batavia was going to a “take in, take out” policy and contacted City Manager Rachael Tabelski to extend Casella’s services at no charge.

“In my opinion, it takes time for the community to understand that new policy, so that’s kind of why I reached out to Rachael and the city,” he said. “Also, Casella is all about community involvement … and felt that this would be a nice gesture, and it’s a chance to let residents know that we are there for them.”

According to a memo dated May 17 from Acting Public Works Director Ray Tourt to Tabelski, in exchange for Casella servicing the parks on a daily basis and downtown on a weekly basis, the city would provide trash bags for the parks and allow Casella to repaint the trash cans in the parks and place a sign on the receptacles, stating “Serviced by Casella Waste.”

Tabelski, in turn, drafted a resolution that is on Monday night’s City Council Conference Meeting agenda that would forge a partnership between the city and Casella through Nov. 30, with the potential for two one-year renewal periods after that date.

Should City Council agree with the plan, the resolution would be forwarded to its next Business Meeting in June.

Pero sold his Trash Away business (that he owned with his brother) to Casella in September 2019, and in the process, accepted the general manager position for Casella’s Batavia Division. He said that seven trucks, operating out of an office on Apollo Drive, handle refuse collection in the division’s two counties – Genesee and Livingston.

Also, on Monday’s agenda:

• A draft resolution that would authorize using $70,000 from the appropriated parking lot reserve fund to pave the parking lots on Center Street, Lions Park (off Wallace Street) and Canale (west of 240 Ellicott St.).

The respective costs are $50,000, $12,500 and $7,200 for a total of $69,700.

In a memo to City Council dated May 15, Tabelski indicated that resurfacing of these lots is part of a strategic plan to maintain parking lot and sports surfaces. Paving of the Williams Park lot is scheduled for fiscal year 2022-23.

• Several event requests for this spring and summer, including:

-- Just Kings BBQ (May 29 at Williams Park);

-- Blue Pearl Yoga in the Park (June 1-Sept. 30 at Centennial Park);

-- GLOW OUT 5K run (June 10 at Centennial Park) and parade (June 12 at Batavia City Centre parking lot);

-- Home to Home Concert (July 3 at Jackson Square);

-- Genesee Symphony Orchestra 75th anniversary kickoff (July 17 at Austin Park).

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On another City of Batavia matter, the Planning & Development Committee this week recommended changing the zoning of a parcel at 211 E. Main St. from P-2 (Planned Development) to C-3 (Commercial) to accommodate the demolition and subsequent construction of the GLOW YMCA/United Memorial Medical Center’s Healthy Living Campus.

PDC Chair Duane Preston said a letter was sent to City Council, which will vote on the zoning change at a future Business Meeting.

Council had referred the matter to the PDC for its opinion after receiving a request from the project manager to change the zoning so that it falls in line with the two other affected properties.