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Judge: Christian's Wal-Mart supervisor had habit of letting employees eat damaged items

By Howard B. Owens

In a decision that allowed Batavia City Councilwoman Rose Mary Christian to receive unemployment benefits after her termination from Wal-Mart, an administrative law judge in Buffalo found that Christian's supervisor previously let employees eat damaged food items.

Mark Sokolowski said he found the testimony of Christian about the matter more credible than the testimony of the Wal-Mart representative, who is not named in Sokolowski's ruling.

Rose Mary Christian, who is a candidate for District 7 County Legislature, dropped a copy of the ruling off at The Batavian's office this afternoon. Christian's termination from Wal-Mart became a public issue when former Democrat Tim Paine provide an e-mail to local media where Christian admits to fellow council members that Wal-Mart let her go.  Paine is admittedly disgruntled over what he sees as Christian blocking his plan to run for City Council this year.

The ruling states:

"Although the claimant acknowledged that she was aware that she was supposed to scan a damaged item and throw it out, since the claimant's supervisor allowed deli associates to eat damaged food items as samples, I am not persuaded that the claimant was aware that she placed her job in jeopardy when she ate a piece of cake on January 26, 2008," Sokolowski wrote. "It is also significant that the claimant was not the first associate to eat a piece of cake, reinforcing to the claimant that it would be okay to eat the cake. At worst the claimant used poor judgment when she ate a piece of cake on January 26, 2008, however her poor judgment in this instance does not rise to the level of misconduct within the meaning of the Unemployment Insurance Law."

"Accordingly," he adds, "I conclude that he claimant was separated from her employment under non-disqualifying circumstances."

Sokolowski overturned a prior Department of Labor finding that Christian was not qualified for unemployment benefits because of her termination.

County taking down Sour Springs bridge that took snowmobile club 400 hours to build

By Howard B. Owens

The Sno-Packers Snowmobile Club thought they had all the approval they needed to build a recreational bridge over a creek in Alabama.

County officials disagree. County Manager Jay Gsell said this morning the bridge violates state law and the only option for the county is to remove it.

Department of Highway workers are tearing down the bridge today.

The bridge, which club members say took 400 man hours to build and is worth at least $40,000, spans a creek off Sour Springs Road, which is a dirt road off Roberts Road.

The club installed the bridge -- which club members largely pre-built in a garage prior to installation -- about a month ago. It's already been heavily used, according to club secretary Jane Chaddock, by fishermen, birdwatchers and hikers.

"It's nothing but a fiasco for something that was so beautiful and so much work," Chaddock said.

Doug Hagen, Genesee County snowmobile coordinator, said the club felt it had approval for construction of the bridge -- from County Highway Superintendent Tim Hens signing off on plans, to the County Legislature's Public Services Committee saying it should be built, to officials from the Town of Alabama saying they didn't oppose the construction.

Gsell said there was never any official permission given from the county and since the bridge is on the Iroquois National Wildlife Refuge, there needs to be more than tacit approval from the federal government for snowmobilers to ride right through the preserve.

But the main issue from a county perspective, Gsell said, is that any bridge over 5-feet long becomes county responsibility.

The county would be liable for any injuries resulting from use of the bridge should there be a problem.

And although club officials, according to Hagen, believe the bridge exceeds engineering standards for its intended use, Gsell said that's not necessarily true.

"Because the snowmobile club has actually admitted that they're going to use that bridge to put their snowmobiles on to cross that body of water, that bridge must meet state and federal guidelines as far as structural integrity, the distances, the accessibility...and that's not presently the case," Gsell said.

"The highway superintendent then, under state highway law, has to deal with the issue in terms of either removing it, which right now is our only logical option, or at some point involving some major capital project - we're talking about a couple of million dollars of replacing a bridge structure, because anything over 5 feet is the responsibility of county government. But, that doesn't mean we have to take ownership of something that people put there illegally and without anybody's permission."

According to Hagen, Sheriff's deputies are on scene at the bridge tear-down ensuring club members don't get out of hand.

Hagen said all of the material and labor to build the bridge was donated, but if he had to guess at the cost of material and construction, he would put it at $40,000.

"That bridge was built at absolutely no taxpayer expense," Hagen noted, "and now taxpayers are paying for that bridge to be ripped out."

Chaddock fought back tears while we spoke. She said people who have seen the bridge love it.

"People say it's the best bridge they've ever seen," Chaddock said. "People have said  they wanted to get married on that bridge."

UPDATE 11:43 a.m.: The bridge is gone. It was, however, removed in one piece and will be put in storage, Tim Hens said. He just returned to his office from the site, he said.

"Unfortunately, when the club put the bridge in without permission, it kind of forced our hand," Hens said. "I don't think anybody from the county wanted to remove that bridge, but it's what we had to do to protect county taxpayers from liability."

Hens said the county -- which has helped the snowmobile club raise $500,000 in grants from state and federal agencies over the past several years -- was trying to find a way to either get a bridge in place, or allow a bridge to be built, but had not been able to complete that process before the bridge went up.

UPDATE 3:30 p.m. (Billie Owens): The bridge came down easily and quickly this morning, according to the workers who remained at the scene afterward.

"It was a solid, well-built bridge, made of steel and wood," said county employee Aaron Zinkovich.

Another worker added that County Highway Superintendent Hens got verbally thrashed by snowmobile enthusiasts at the scene.

"They beat up on him pretty good - called him every name in the book," he said.

The snowmobilers wasted no time getting lawyered up. They've retained Roland R. Georger, of Damon Morey Attorneys at Law in Clarence, to advise them on the matter.

"I have a lot of investigating to do," Georger said, adding that will include looking at the permitting process.

Agenda minutes of the Byron-based Genesee County Snowmobile Association from Sept. 8 -- under the Old Business section -- reported that the county attorney "has told Co. Highway and Town of Alabama that the county cannot support the bridge concept because of liability. We all need to lobby Hawley and our county legislators for adopting a county law." Hagen attented the meeting along with other snowmobile group representatives.

The Sour Springs Bridge was built in the ensuing weeks.

UPDATE: Photo above by Billie Owens

UPDATE: Picture below submitted anonymously with no comment.  It looks like this would be the old bridge that was destroyed by an alleged drunken driver.


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To make ends meet, county looking at tax increase, hiring freeze

By Howard B. Owens

County Jay Gsell has laid it out there -- in order to meet Genesee County's budgetary needs, residents will need to pay an additional 8 cents per $1,000 of assessed value.

Gsell expects $24.7 million of the county's revenue to come from property tax. That's up 2.7 percent from the previous year.

The 8-cent increase works out to about $7 per year in higher taxes for a home owner with an $80,000 piece of property.

Gsell:

This 2010 recommendation is at best a hedge against continued fiscal pressures delivered at Genesee County’s doorstep with regard to increasing human services clients, criminal justice activity, poor economic indicator performance in the regional and state economies and the current mandated service delivery programs that harken back to the 1970’s origins with the unrealistic New York State spin of hooking county governments into not only delivering and administering what are typically state and federal partnerships in the rest of the U.S., but also having counties directly funding actual benefits – the so called “local shares.” 

There will also be no new county jobs created in county government, Gsell said.

Overall, the county budget is going up .01 percent to $140,666,000.

Gsell is also freezing pay at current levels -- no pay increases -- for top county management staff.

Mandated costs -- Medicaid, Early Intervention/Preschool, Handicapped Children’s, Mental Health LGU, Probation, County Jail and Public Defender/Assigned Counsel -- consume 84 percent of the county's property tax levy.

Byron supervisor announces he won't serve in 2010, even if elected

By Howard B. Owens

If elected, he will not serve.

Byron Town Supervisor Tom Felton announced at a recent Town Board meeting that even though he's a candidate for another two-year term as supervisor, he's decided he's done with town politics.

"Over the last few weeks, there have been a series of events that have discouraged me greatly with this position," Felton said in a statement he wanted read into the record of the meeting minutes.  "In order to combat the negativity of a handful of individuals in the Town, I will need to spend considerably more time defending the half truths and misinformation that this group has the time to spread in the community."

Fellow board member John Ivison said that he didn't want to speak for Felton -- who was not available for comment this morning -- but among the issues that have come up recently is some people in town are saying there's a move afoot to consolidate with Byron and Elba.

Ivison said two board members from each of the towns have met three times in 2008 to share information about how the towns operate. Topics have included how to deal with snow plows, infrastructure, planning and budgeting.

The meetings, he said, were purely information sharing and not designed to start a discussion about consolidation.

"It's been blown out of proportion by a few people," Ivison said.

The big issue, as Ivison sees it, is that this kind of small-town politics is what keeps talented and capable people from serving on town boards.

Felton, a bank vice president, was picked to fill a vacancy on the town board three years ago. Then, when the Supervisor position became vacant mid-term, he was appointed to that position.

In his statement, Felton said he wasn't an eager candidate for another two-year term from the beginning.

"Earlier this year, I met with the Republican committee and hesitantly agreed to fill another two-year term, if and only if they could not find anyone else qualified for the position," Felton said. "After our meeting, I was endorsed by this group. Since that time another individual has expressed his interest in the position, and as you know, both he and I will be on the ballot in November. "

If Felton wins the race, he said, the board will have to appoint a replacement. He will not serve as supervisor in 2010, he said. Rather than deal with the politics of the position, Felton said he would rather spend more time with his family and on his career.

Full statement after the jump:

I would like to enter these comments for the record.

My priorities are and will remain to be family first, profession second, and community third. Three years ago, I was elected to fill a vacancy on the Town Board, after a year and 9 months I was appointed to fill the vacant position of Town Supervisor. These terms both end 12/31/09. Earlier this year, I met with the Republican committee and hesitantly agreed to fill another two-year term, if and only if they could not find anyone else qualified for the position. After our meeting, I was endorsed by this group. Since that time another individual has expressed his interest in the position, and as you know, both he and I will be on the ballot in November. 

Over the last few weeks, there have been a series of events that have discouraged me greatly with this position, and in order to combat the negativity of a handful of individuals in the Town, I will need to spend considerably more time defending the half truths and misinformation that this group has the time to spread in the community.

In addition to my full-time employment, I have spent 10-20 hours/wk in my capacity as Supervisor (mostly evenings and weekends), and with the assistance of this Board, we were able to make some positive change for the Town. There is a tremendous amount of work that still needs to happen in order to improve this Town. With that said, I wish to inform the public that I will complete my term through 12/31/09 but I will not be your Supervisor in 2010. I plan to spend more time with the two things in my life that bring me great joy and satisfaction — my family and my profession. If the community votes for me, it will be up to the Board to appoint a person to this leadership position, as it is too late to remove my name from the ballot.

I wish you all well and thank you for allowing me to serve you.

Today's Deals: Adam Miller, Present Tense Books, Delavan's and more

By Howard B. Owens

Adam Miller Toy & Bicycles, 8 Center St., Batavia, NY: Feel like a kid in a toy store again, or treat your kids to the greatest toy store they will ever see. We have a $25 gift certificate for $12.50.

Main St. Pizza Company, 206 E. Main St., Batavia, NY: Pizza, wings, subs and even hamburgers and hot dogs, Main St. Pizza makes everything deliciously. We have a $25 gift certificate for $12.50.

Present Tense Books and Gifts, 101 Washington Ave., Batavia, NY: Whether your taste runs to local authors, the finest in fiction or nonfiction or you're looking for a unique and special gift, this charming store in a cozy Victorian house on the edge of downtown is a great place to stop and shop. We have a $25 gift certificate for $12.50.

Settler's Restaurant, 353 W. Main St., Batavia, NY: Settler's has a 25-year history of serving great, affordable breakfasts, lunches and dinners to Batavians. We have a $20 gift certificate for $10.

Matty's Pizzeria, 4152 W. Main St., Batavia, NY: Matty's is another Batavia favorite for pizza and wings. We have a $20 gift certificate for $10.

Delavan's Restaurant and Tavern, 107 Evans St., Batavia, NY: To me, Delavan's is one of those restaurants where you want to eat frequently until you try everything on the menu. We have a $20 gift certificate for $10.

NOTE: If you've never bought Deal of the Day before, or are otherwise unfamiliar with the rules and process, click here.

SOLD OUT

 

Gerace: Local Republicans not involved in release of Christian e-mail

By Howard B. Owens

Local Republicans want nothing to do with Tim Paine's release of a Rose Mary Christian e-mail in which Christian tells fellow council members about her termination from Wal-Mart 20 months ago.

Joe Gerace, chairman of the City Republicans, called this morning and was adamant that The Batavian publish a statement from him saying that neither City nor County Republicans had anything to do with Paine's decision to release the e-mail.

"It's personal," Gerace said. "This is between Rose Mary and Tim Paine and we have nothing to do with it."

"I don't like her philosophy, but Rose Mary and I are good friends," Gerace said. "Why would I get involved in a thing like this?"

Gerace said he doesn't like mudslinging and doesn't like to see local Republicans involved with such tactics.

"I don't condone dirty politics, dirty tricks," Gerace said.

When contacted this morning, Christian's Republican opponent Bob Radley was unaware yet of the issue. He said he had heard rumors, but it really wasn't something he was interested in pursuing.

"I'm not into talking about people's personal lives," Radley said. "That's not the way I want win an election. I want to win an election on the issues, not based on what my opponent has done."

Former Democrat releases potentially damaging Christian e-mail because 'It's personal'

By Howard B. Owens

Tim Paine, who lost a Ward 4 council race to Bob Bialkowski two years ago, thinks Rose Mary Christian is personally responsible for him not being part of the Democratic slate this year.

He blames Christian for bringing candidate Julie Wallace into the fold and promoting her to other committee members, thereby costing him a chance to win a council seat. He believes he would've gotten more votes than Wallace, and more than the Republican with the fewest votes, too.

"I honestly feel I might have been the top of the ticket," Paine said, "and as hard as I work, I think I could have grabbed that third spot."

So tonight, he made no bones about seeking some payback and released to The Batavian and the Daily News a 20-month-old e-mail written by Christian and sent to her fellow City Council members. The Feb. 16, 2008 missive explained why she was fired from Wal-Mart.

The gist of it is that she and two other workers ate pieces of coffee cake from a damaged box that was going to wind up in the trash.

Christian was accused of violating store policy by opening the coffee cake package for another employee and then eating a small portion of it along with that employee and another worker.

When confronted by a store manager, Christian refused to give up the names of the other employees involved and she was terminated on the spot.

Here's the e-mail Rose Mary sent to all eight of her council colleagues, as well as City Attorney George Van Nest:

I want you to know that I was terminated by Wal-Mart for the following reason. I with two other girls ate a piece of coffee cake that was damaged. I opened the side of it and pulled it out. The girl who also ate some of it told on me. Almost a week later, my boss was told about it. When confronted, I would not tell who the other girls were. I was guilty of eating a piece of it, and was terminated. In case you hear it from someone else, I did it. Ro

(This e-mail was edited for typos only.)

For his part, Paine says flatly, releasing the e-mail "is personal. This is strictly a personal thing."

He takes umbrage with those who might minimize the importance of the issue.

"I can't tell you how much it pisses me off when people say, 'it was just a piece of coffee cake,'" Paine said. "How much will it be next time? Well, it was big enough that Wal-Mart fired her."

Large national retailers routinely terminate employees for even the most petty of infractions. There's no opportunity for appeal and no explanation will suffice. It's simply a zero-tolerance policy.

As the e-mail above indicates, Christian has no problem admitting she broke a rule -- though she says she was unaware of the policy at the time.

She said a girl who worked at the store came in to start her shift and said she was hungry, and Christian told her, "there's a damaged coffee cake over there." The girl started to stick her finger into the package and Christian said, "Don't do it like that. You don't know who's fingers have been in there." Christian then opened the package for her. At that point, they each took a small piece of the coffee cake as did a third employee.

Christian (electronically) scanned the package so the coffee cake would be reported as damaged inventory before it was thrown away.

Christian is the Democratic candidate for the District 7 County Legislature seat, running against Republican Bob Radley. She has represented Ward 6 for 18 years, and remains -- by all accounts very popular in her ward. We are told her nickname in that neighborhood is "Mayor of Ward 6."

Political observers we've spoken to suspect that in Ward 6, her unwillingness to "rat out" her co-workers will play well with voters. But in the more conservative Ward 1, the idea that she stole anything whatsoever may be all voters remember at the polls.

Christian said she doesn't want to be seen as a hero for not telling managers the names of the two other employees. She broke policy and was terminated. That's that.

She did say, however, that when Wal-Mart tried to fight her eligibility for unemployment, a judge ruled that she had been unfairly terminated and awarded her unemployment benefits, which she did receive for a time. She plans to make a letter confirming that decision public as soon as she obtains a copy.

Christian was taken aback to learn that Paine had a personal issue with her. She said she had no idea until this came up today that Paine was mad at her. She said although she introduced Wallace to the Democrat Committee, she had nothing to do with Wallace getting the nod over Paine.

"This is a figment of his imagination," Christian said.

She also noted that Paine dropped out of contention on his own, which Paine confirms.

Two weeks ago, Paine re-registered as a Republican.

Christian accused City Council President Charlie Mallow and Paine of conspiring to leak her old e-mail to the media -- even though she admits she had no expectation that it would remain private when she sent it. She said Paine must have gotten the e-mail from Mallow.

It's unclear how Paine obtained the e-mail. He initially said he got it from Mallow, but later denied it and said -- and Mallow concurs -- that the e-mail was shared with all City Democrat Committee members and discussed extensively at the time by the committee.

"We were trying to decide what we should do about it," Mallow said.

He said earlier that he wants nothing to do with the spat between Paine and Christian, calling them both friends.

"It's personal and it's why I don't want to have anything to do with politics," Mallow said. "It's one person against another person and they both happen to be my friends. It's like watching two friends fight in a schoolyard. What are you supposed to do?"

Kids love fire trucks

By Howard B. Owens

Members of the Batavia City Fire Department brought Ladder 15 over to the parking lot of Richmond Library this morning where a group of pre-schoolers were able to meet firemen, get a look at all the truck's equipment  and slide onto the driver's seat.

UPDATE: We've received a couple of e-mails: This event was sponsored by the Genesee Region Insurance Professionals.

Police Beat: Person allegedly barred from College Village found hiding under bed

By Howard B. Owens

Kenardo Roshay Fields, 19, of 7 Watson St., Batavia, is charged with trespass. Fields was reportedly banned from College Village and was found there yesterday at 11:38 p.m. hiding under a bed.

Arnold D. Jock, of Hogansberg, is charged with trespass, obstructing governmental administration, resisting arrest, and disorderly conduct/fighting. Jock was arrested by State Police at the Holiday Inn on Park Road, Town of Batavia, at 6:12 p.m. yesterday. No further details are available.

Joshua L. Baltz, 33, of Batavia, is charged with petit larceny. Baltz was arrested by State Police in the Town of Batavia at 10:33 a.m. on Oct. 15. No further details available.

Jesse P. Boop, 20, of Avon, is charged with unlawful possession of marijuana. Boop was arrested by State Police yesterday at 10:15 a.m. in the Town of Bethany. No further details are available.

Gary J. Dempsey, 42, of Le Roy, is charged with criminal contempt and disorderly conduct. Dempsey was arrested by State Police in Le Roy at 11:11 a.m. yesterday. No further details are available.

Support The Batavian by supporting our sponsors

By Howard B. Owens

The businesses who support The Batavian are local businesses who also support the community in many other ways, from contributions to various community organizations, to owners and managers serving on community boards, to involvement in service clubs. Local businesses are an important part of any community. Please consider eating at a locally owned restaurant or buying from a locally owned retailer first.

Also, we would like to thank the candidates from both parties for county and city offices for putting their faith in The Batavian to help get their message out. Please be sure to vote on Nov. 3.

Here's our sponsors. Please patronize these businesses and let them know you appreciate their support of your favorite local news Web site.

3 D Wine & Liquor
Adam Miller Toy and Bicycle
Affordable Floor Covering
Alex's Place
Amelia's Antiques and Collectibles
Anglican Community Church
Barrett's Batavia Marine and Sporting Supplies
Batavia Cycle Center
Batavia Downs Casino
Blue Pearl Yoga
Bonarigo & McCutcheon
Bontrager's Auction
Carlson's Studio
Castilone Chrysler, Dodge, Jeep
Cedar St. Sales and Rentals
Center of Attention Auto Spa
Center Street Smokehouse
Charles Men's Shop
Classic Home Improvements
Clor's Meat Market
The Color Salon
Crazy Cheap Cars
D&R Depot Restaurant
D'n'R Fireplaces and Stoves
Delavan's Restaurant and Tavern
The Enchanted Florist
Fastec Automotive
Genesee Dental Group
Genesee Feeds
Great Kutz
Herbly Wonderful
Holland Land Office Museum
House of K
The Insurance Center
Jackson St. Grill/Belladessa's
Kravings Kafe
Lamb Family Medicine
Lewis and Lewis
Main St. Pizza Company
The Mane Attraction
The Manor House
Mark Lewis Agency
Matteo & Mullen, CPA
Matty's Pizzeria
Max Pies
Movies in Motion
O'Lacy's Irish Pub
Oliver's Candies
Optique
Pauly's Pizza
Pellegrino Auto Sales
Present Tense Books
Pudgie's Lawn and Garden Center
Reeb Family Moving
Roxy's Music Store
Select Collision
Settler's Family Restaurant
Small World Realty
South Main Country Store
Southside Deli
Suzanne Interiors
T.F. Brown's
Total Image Hair Salon
T-Shirts Etc.
Valle Jewelers
Vintage & Vogue Inspirations

Today's Deals: Delavan's, Great Kutz, Settler's, Herbly Wonderful, and more

By Howard B. Owens

Delavan's Restaurant and Tavern, 107 Evans St., Batavia, NY: To me, Delavan's is one of those restaurants where you want to eat frequently until you try everything on the menu. We have a $20 gift certificate for $10.

Great Kutz, in the Valu Plaza, 4152 W. Main St. Road, Batavia, NY: Men, enjoy a $5 haircut again with this offer exclusive to The Batavian. (gift card can be applied toward other services, but not products).

Settler's Restaurant, 353 W. Main St., Batavia, NY: Settler's has a 25-year history of serving great, affordable breakfasts, lunches and dinners to Batavians. We have a $20 gift certificate for $10.

Matty's Pizzeria, 4152 W. Main St., Batavia, NY: Matty's is another Batavia favorite for pizza and wings. We have a $20 gift certificate for $10.

Herbly Wonderful, 3701 Pearl St., Batavia, NY: Winter teas, spices and fall colors for your home in stunning floral arrangements and seasonal wreaths are now available at Herbly Wonderful. We have a $25 gift certificate for $11.

South Main Country Gifts, 3356 Main St. Road, Batavia, NY: Handcrafted items, gifts with a regional flair, candles, teas and spices -- South Main has a wide selection to please most any interest. We have a $20 gift certificate for $9.

NOTE: If you've never bought Deal of the Day before, or are otherwise unfamiliar with the rules and process, click here.

sold out

 

Third Elba robbery suspect enters guilty plea, faces possible 15 years in prison

By Howard B. Owens

The last suspect captured is the final defendant to plead guilty.

Matthew J. Wells, 24, of Buffalo faces five to 15 years in state prison after admitting this morning to his role in the June 18 stick up of the M&T Bank branch in Elba.

The guilty plea came on a morning when Wells was schedule to appear on a pre-trial hearing to determine if his statement following the robbery could be used against him in a trial.

Attorney Thomas Burns said after the guilty plea that his client took into account the substantial risk of going to trial, in which a conviction could mean 25 years in prison.

District Attorney Lawrence Friedman said the plea bargain accepted by Wells today was made back in June.

Wells didn't give up easily the morning and afternoon of the robbery, either. He led more than 100 law enforcement personnel on a five-hour manhunt through the woods and fields of Batavia and Oakfield before finally surrendering. His co-defendants, Dennis M. Abrams, Jr., 26, and Demone D. Dillon, 25, were captured within an hour of the robbery.

Both previously pled guilty to charges stemming from the hold up. Abrams, the apparent mastermind of the scheme, was looking at up to 25 years in prison, and Dillon, who apparently served as a somewhat reluctant look out, facing three-and-a-half to 10 years.

Wells was the only one of the three to make any real attempt to challenge the state's case, with his attorney filing motions to suppress his statements and for a change of venue. The latter motion was eventually denied.

The case has left many in the criminal justice community shaking their heads. None of the three suspects had any prior adult criminal record, and only Dillon had a youthful offender conviction. All three had jobs and wives or girlfriends. All three men are fathers.

Abrams reportedly sent a text message to his wife before he was captured that read simply, "I messed up."

Friedman's job, of course, isn't to get wrapped up in sympathy for three men who made a bad decision. He's spoken to the victims.

"I spent hours talking with the victims of this crime," Friedman said. "I feel the impact that it has had on these women. With almost 28 years in this office, I've been surprised by the depth of emotion expressed by these women over what they went through in the bank. It was very traumatic. I had one of these women tell me she thought she was about to die. I have no idea what that must feel like."

As for the defendant's lack of prior criminal history, Friedman said, "that's what the pre-sentencing investigation is about."

"My job is to either secure a conviction or get an appropriate plea," Friedman said. "I  think in this case, I've given the court sufficient latitude in light of these crimes and in light of the defendants."

Couple with holiday displays on Watson Street concerned about thefts

By Howard B. Owens

Six Halloween decorations have been stolen from the yard of Thelma Hall, on Watson Street, and she's disheartened that somebody would take from something she and her husband do for kids' enjoyment.

Hall called us this morning hoping that we would publicize the thefts and the person or persons who took the items would return them, "no questions asked."

The Batavian ran a picture of the Hall's yard on Oct. 1.

Six items, including two headstones, were stolen, Hall said.

"Please return what was taken," Hall said. "We wouldn't want to stop (decorating the yard). It's a lot of fun, but we can't keep doing it if our stuff is going to get stolen."

The Halls moved to Batavia from Indiana five years ago and have had Halloween and Christmas displays each year since.

"There's nothing in this town for the kids to do, that's why we do it," said Hall.

"I'm just heartbroken," Hall added. "We just try to be nice."

She said she and her husband are now afraid to put up their annual Christmas display, fearing more thefts.

Police Beat: Batavia man accused of punching pregnant woman in stomach

By Howard B. Owens

Anthonly J. Spearance, 24, of 107 Washington Ave., Batavia, is charged with disorderly conduct and reckless endangerment. Spearance allegedly punched his pregnant girlfriend in the stomach. He was jailed on $1,500 bail.

James T. Moore, 50, of 115 Summit St., Batavia, and Patricia L. Brinkman, 48, of the same address, are both charged with assault in the third degree. Both were allegedly involved in a physical altercation during a domestic dispute. Both were jailed on $500 bail each.

Christopher C. Say, 18, of 514 E. Main St., Batavia, is charged with menacing. Say allegedly brandished a large knife and threatened another person with it during a fight. He was jailed on $1,000 bail.

Jeremy A. Weatherbee, 40, of 65 Roosevelt Ave., Batavia, is charged with criminal contempt. Weatherbee allegedly sent text messages to a person he was barred by court order from contacting.

Amanda L. Spring, 26, of 34 Walnut St., Batavia, is charged with DWI, driving with a BAC of .08 or greater, refusal to take breath test and unsafe turn without signal. Spring was stopped on Walnut Street at 3:03 a.m. on Sunday.

Kara M. Marquez-Davidson, 24, of Tonawanda, is charged with DWI and driving with a BAC of .08 or greater. Marquez-Davidson was stopped by State Police on Route 77 in Darien at 9:42 p.m. on Friday.

Mark S. Wells, 44, of Oakfield, is charged with DWI and driving with a BAC of .08 or greater. Wells was stopped by State Police on Route 5 in Pembroke at 2 a.m. on Thursday.

A 15-year-old from Oakfield has been arrested by State Police and charged with sexual abuse of a person under 14 and endangering the welfare of a child. The alleged incident was reported Oct. 10. The teen was taken into custody at 6:04 p.m. Friday. No further details were released.

Batavia-based Chapin Industries celebrates 125 years as family-owned business

By Howard B. Owens

More than 400 people showed up for a party on Saturday evening at 700 Ellicott St., world headquarters of Chapin International, a growing Batavia-based manufacturer that employs 175 people and has been run by the same family since its founding in Oakfield 125 years ago.

Now that's something to celebrate.

Chapin International is a rarity in the business world. It's been family owned through four generations (and heading toward a sixth), which puts it among 2 percent of all U.S.-based businesses. Plus, it's been located in Western New York 1884, which puts it among an elite 1 percent of businesses statewide.

"I’m sure that my father, grandfather and great-grandfather would be amazed at what we have here today,"  Chairwoman of the Board Andris Chapin told the crowd to open the party.

"They would be amazed that there would be a tent and music and beverages and ice sculptures and just all of the wonderful things that have been put together for us today to help us celebrate."

The party featured dignitaries such as Congressman Chris Lee, Assemblyman Steve Hawley and State Senator Mike Ranzenhofer, but more emphasis was put on the importance of Chapin employees. Lee and Hawley both noted that the company's survival is a testament to how well its employees are treated.

Hawley told a story of how he first met Andris's father, Ralph Chapin, who befriended him as a college student. Hawley described him as an intelligent, kind, caring man, and that's why so many people have stuck with the company for so long. Chapin has third-generation employees, and people who have worked for the company for 30, 35 and even 45 years.

"It’s impossible to thank the thousands of people that have gone through our doors as employees, to thank them enough, but all I can say is I speak with such joy and sincere gratitude to all those people that have worked for us over the years," Andris said during a short interview. "Thank you. Thank you. Thank you."

In 1884, Ralph E. Chapin and his brother-in-law, Frank Harris, were selling kerosene at their hardware store in Oakfield, when Chapin noticed that the containers his customers used were not well made. They leaked. So Ralph started making his own cans in the back of the store and selling them to his customers. Soon, the cans were so popular, that Chapin sold the hardware store and opened up a factory in Batavia.

By the turn of the century, Chapin Industries was manufacturing air and hand sprayers for spraying a variety of liquids, from pesticides to cleaning solutions.

Chapin is still known best for its cans and sprayers, but CEO Jim Campell said in recent years the company has been growing by acquiring other firms, such as a company that makes bird feeders and bird-feeding supplies. That company, Campbell said, has doubled in size since Chapin bought it.

"It’s a great honor to be the person who is tending the business at this point, at 125 years," Campbell said. "I intend to leave it in better shape than when I got here."

He seems to have Chapin heading in a positive direction. Campbell, who became CEO in 2004, said the company has grown at a record pace each of the past five years.

And in an interview, when asked about what makes Batavia a good place for Chapin, he again talked about Chapin's workforce.

"Batavia is a great place to be," Campbell said. "Genesee County is still agriculturally based, and when you get people from agriculturally based communities, they come in with a really great work ethic. I’ve run businesses in very large cities and have actually been involved in manufacturing in China and Germany and the work force in Batavia is really second to none. People are extremely diligent. They show up for work, which is a big thing that you sometimes find is a problem, and they are very conscientious."

Andris Chapin said she's well aware of the pressure companies face when they stay in Western New York, but she said Chapin is committed to Batavia.

"My father and my aunts were all born here, in Batavia, and we have supported this community by providing employment for all this time and I just feel strongly that as long as it’s truly feasible we need to continue to support Batavia, Genesee County," Chapin said. "It works two ways. We have third-generation employees in the company. If we don’t take care of them, they can’t take care of us. We’re helping each other. Part of the viability of the company is just to hunker down, yes, and believe in Batavia, believe in Genesee County, believe in Western New York. If everybody went away, there would be nothing. So, so far we can do it, and that’s part of our resilience. But, yeah, it’s hard. New York State, Western New York, it’s tough."

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