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A robbery at the Speedway at Oak and Main in Batavia was reported at about 9:55 p.m., Tuesday.

Det. Eric Hill said Daryl Leach, 37, of State Street, Batavia, has been identified as the suspect and taken into custody.

Leach, who is currently on parole, made off with an undisclosed amount of cash.

The suspect was found at a location on Swamp Road and taken into custody with the assistance of NYS Parole and the Sheriff's Office.

It's believed Leach acted alone.

Nobody was hurt in the robbery.

In October 2003, Leach was sent to prison by a judge in Livingston County on a 12- to 15-year sentence on convictions for grand larceny, 4th, attempted robbery, 1st, attempted assault, 1st, and robbery, 3rd. He was released from prison in July with parole lasting into 2023. He also had an attempted robbery conviction in 1999.

The Elba Lancers lost to Belfast at Mount Morris on Tuesday night in the Class D2 Section V semifinal 44-40.

Also on Tuesday, Alexander lost to Red Jacket 71-58 in the Class C2 Section V semifinal.

There are no boys teams from Genesee County who survived past the semifinal rounds of the sectional playoffs.

Photos by David Zuppelli.

Brynn Walczak scored 19 points over Romulus in the Section V Class D2 semifinal playoff game to lead the Elba Lady Lancers to a 46-30 win.

"Well, it definitely was a slower-paced game with not a lot of shots of taken on both ends," said Coach Tom Redband. "It seemed like one of those games where every possession kind of mattered. It wasn't a real high-flying game. It didn't feel that way and statistics said that as well, too."

Leah Bezon scored 10 points for Elba as did Taylor Augello.

Bezon also had four steals.

The #1 ranked Lancers now advance to a Section V championship game at 6 p.m. at Letchworth against #3 ranked Whitesville.

"It's going to be a tough game," Redband said. "We played them last year and we could see that defensively they're a good team. Their shots weren't falling when they played us last year.

"The score was a little lopsided first in the first quarter and then in the second half, we saw what they are capable of. So hopefully we come out and a few more shots fall and we continue the defensive game plan and put ourselves in a position to win."

Tonight in girls basketball, Pembroke plays Marion at 7:45 at Canandaigua in a Class C2 semifinal, and Oakfield-Alabama plays Keshequa at 6 o'clock at HFL in a Class C3 semifinal.

I'm catching a plane for Miami this morning. I'm attending a conference there related to my involvement with Local Independent Online News publishers.

I'll miss the big windstorm but we have people to help Billie with coverage of that event as well as other coverage while I'm out of town, plus I'll be checking in and doing what I can remotely.

On his own Friday night, Colton Dillon outscored the entire Bradford team in a second-round, Class D1 Section V playoff game in Elba.

Dillon scored 31 points and the Lancers beat Bradford 70-30.

Jon Boyce was the only other Lancer player to notch double digits with 13 points.

Jordan Suteyk scored eight points for Bradford. Steven Spina scored six points.

Next up for #2 ranked Elba (16-6) is #3 ranked Belfast (14-6).

Also in boys basketball yesterday:

• Alexander beat Geneseo 62-55. Alexander (16-5) is ranked #2 in Class C2 and will play #3 ranked Red Jacket (16-5) in the semifinal.
• York beat Pavilion 68-52 to advance to the Class C3 semifinal.
• Oakfield-Alabama lost to Naples 55-42 in a Class C3 quarterfinal. Joey Burdick scored 16 points. Nick Wissinger scored 12.

At 2 p.m. today, #2 ranked Batavia (11-10) plays #2 ranked Newark (16-3) at Newark.

Tonight #2 ranked Le Roy (12-8) plays #7 ranked Mynderse Acadamy at 7 p.m. at Le Roy in a Class B2 quarterfinal.

In girls basketball, Batavia (18-1), ranked #1 in Class B1, beat #8 ranked Livonia 73-48 (game story).

In Class C2 today, #9 ranked Alexander (7-14) plays #1 ranked Marion (16-4) at 2 p.m. at Marion in a quarterfinal and #10 ranked Byron-Bergen (6-14) plays #2 ranked Red Jacket at 2 p.m. and Red Jacket. And #4 ranked Pembroke (14-7) plays #5 ranked Lyons (14-7) at Pembroke at 2 p.m.

In Class C3 #8 ranked Pavilion (9-12) plays #1 ranked South Seneca (19-1) at South Seneca at 2 p.m. Oakfield-Alabama, ranked #2 (16-4) plays #5 ranked York (11-9) at O-A at 2 p.m.

In Class D1, #1 ranked Elba (18-1) plays #9 ranked Northstar Christian (4-15) at 2 p.m. at Elba.

After 31 years in the fitness business, owning and operating gyms in Staten Island and Batavia, Ken Mistler says it's time for him to retire for that line of work.

He's sold the building that has been home to Next Level Fitness for 10 years at 85 Main St., Batavia, and the gym will close Feb. 27.

Mistler said he's reached an agreement to sell the massive three-story, 20,000-square-foot building (which includes a 6,800-square-foot basement) to a local investor. He can't disclose who the buyer is or what the buyer plans to do with the building but the new owner will not operate a gym at that location.

"I'm not sure what they're going to do," Mistler said. "I'm not sure if they're going to use the whole building for themselves or cut the building, subdivide the building."

Mistler started in the gym business in Staten Island and then opened Powerhouse Gym on East Main Street in 1997. He still owns that building and all the equipment currently at Next Level. He would like to see somebody open a gym using the existing equipment at the Powerhouse location or see another locally owned gym use this as an opportunity to grow.

"I'm trying to encourage a local small gym in the area to go into that facility so," Mister said, "they will have more options. My customers have said they're looking for options. They're coming to me the last couple of days and asking what else can we do? What do we have available? They're looking for smaller facilities because they aren't a fan of the larger places and they want to keep it local."

Mistler said the closure of Next Level isn't the result of a chain competitor opening in town. He could have competed with a chain if he had wished to make the changes necessary but he didn't want to make those changes after 31 years running gyms, and the real estate offer was attractive and worth taking at this time.

Mister, who owns several downtown properties, and is owner and operator of Ken's Charcoal Pits on Main Street and the local movie theater, Batavia Showtime, said he's grateful for the years of community support for his gym businesses.

"The support has been unbelievable," Mistler said. "If I had to do it over again I would. That's how good the community has been to that facility, especially since I started Next Level, but 31 years in the business is enough."

Press release:

Brittany L. Dumsar  age 25, W/F, 5’ 4” 110 lbs.

Brown Hair, Green eyes

LKA Anytrell Drive Webster, NY

Bench warrant for Criminal Trespass 3^rd PL 140.10-1 (Misdemeanor and Trespass PL 140.05 (Violation) Darien Town Court DOW 6/18/18

Tricia E. Delucia age 40, W/F, 4’ 10” 90 lbs.

Brown Hair, Brown eyes

LKA Handy Street Rochester, NY

Bench warrant for Criminal Possession of a Controlled Substance 7^th PL 220.03 (Misdemeanor)  Batavia Town Court DOW 12/20/18

Tatiana C. Lugo age 24, W/F, 5’7” 182 lbs.

Black hair, Brown eyes

LKA Mechanic Street

Byron, NY

Arrest warrant for Harassment 2^nd PL 240.26-1 (Violation) Batavia Town Court DOW 9/19/18

Uriah I. C. Smoke age 34, American Indian, male 5’6” 180 lbs.

Black hair, Brown eyes

LKA Bloomingdale Road Alabama, NY

Bench Warrant for Criminal Mischief 4^th PL 145.00-1 (Misdemeanor) and Reckless Endangerment 2^nd PL 120.20-1 (Misdemeanor) Alabama Town Court  DOW 5/15/12

Nicole R. Elmore age 30, W/F, 5’4” 115 lbs.

Brown hair, Hazel eyes

LKA Clifford Avenue Rochester, NY

Bench Warrant for Grand Larceny 4^th  PL 155.30-1(Felony) and Conspiracy 6^th  PL 105.00 (Misdemeanor) Batavia Town Court DOW 2/14/19

Matthew P. Snyder age 29, W/M, 5’8” 215 lbs.

Brown hair, Blue eyes

LKA West Avenue

Attica, NY

Arrest Warrant for Aggravated Unlicensed Operation 3^rd VTL 511-1a (Misdemeanor) Byron Town Court DOW 9/8/17

County officials are ready to move ahead with plans for a new Genesee County Jail, which begins with hiring an architectural firm to help plan and design it and hiring a general contractor to oversee its construction. The new jail could be located on land already owned by the county next to County Building #2 on West Main Street Road, Batavia.

The County Legislature is expected to pass two resolutions next week to move the plan forward. One will authorize spending $2.5 million from the county's building and infrastructure fund, and the other will authorize a contract with SMRT Architects and Engineers PC, of Latham.

Approval of the resolutions was recommended this week by both the Public Service Committee on Tuesday (photo above with Asst. County Manager Matt Landers and Sheriff William Sheron seated at the conference table) and the Ways and Means Committee on Wednesday.

Landers told the Ways and Means Committee that the county has yet to establish the actual cost of the new jail. That will be determined by the review and consulting process with SMRT Architects, who will also assist in hiring a construction manager, who will also assist in estimating the cost.

Once a cost is established, the county can seek bond financing, and once the bond is approved, the $2.5 million from the reserve fund will be reimbursed to that fund.

If, after site review, SMRT does find the site next to County Building #2 suitable for a jail, the county's planning costs could be substantially reduced because there will be no need for a site-selection process.

SMRT was one of four finalists firms reviewed by a jail committee comprised of county officials from multiple departments. Two finalists were interviewed and those two were asked to submit final prices, then the committee conducted reference checks.

SMRT was selected by the committee on a 7-3 vote with one abstention, Landers said.

The county is establishing a page on its website that will provide the public with all of the information available on the new jail as the process progresses, Landers said. 

Landers expects more information on costs and a construction timeline to emerge within six months.

Wind gusts up to 75 mph are expected in a storm that will pass through the area Sunday, according to the National Weather Service.

The NWS has issued a high-wind warning for 7 a.m. Sunday though 10 a.m. Monday.

Steady winds of 35 to 45 mph from the west are expected.

Strong wind gusts could bring down trees and power lines and widespread power outages are possible. Power may be out in some areas for several days.

Shallow rooted pine trees may be particularly vulnerable.

Property damage is also possible, especially to roofs and siding.

Travel by high profile vehicles will be very difficult and empty tractor trailers may be in danger of blowing off roadways.

Homehowners should secure loose objects.

At an evidence hearing today in the murder case proceedings against Richard D. Hanes, his defense attorney argued that Judge Charles Zambito should not allow his client's mobile phone and its content to be presented to a jury if the case goes to trial.

Hanes, 36, is accused of beating to death Raymond Morgan on July 24 at 111 Liberty St. Batavia.

According to court testimony today by Det. Thad Mart, Hanes showed up at the Batavia PD headquarters and presented himself to police for questioning without being summoned there. At the time, he wasn't a suspect and police had yet to obtain DNA, fingerprints or palm prints that linked him to the case.

The interview with Hanes was videotaped and that evidence was also submitted to the court today (though not played in court).

Mart said on the stand that Hanes does not confess to the murder during the interview nor did he implicate himself while at the police station.

It was during the interview at Batavia PD that parole officers who supervised Hanes showed up and the officers took his mobile phone, apparently, in connection with an alleged parole violation. The parole officers then turned the phone over to a Batavia PD patrol officer.

Defense attorney Fred Rarick argued that if the phone was linked to an actual parole violation, parole officers would have kept it as evidence in that case and would not have turned it over to a police officer.

Rarick argued that the police didn't have probable cause to seize the phone and that parole taking the phone and giving it to police is an attempt to circumvent the need for a warrant.

"There is no probable cause because we don't know why he was arrested on a parole violation," Rarick said. "If there was something on his phone relative to his parole, they would have retained possession of that phone."

District Attorney Lawrenece Friedman said there is no evidence that parole and police communicated about the phone prior to the police obtaining it, that there is no evidence of any agreement for the officers to work togther to obtain the phone.

"It's all very speculative," Friedman said. He added later, "It really doesn't matter why a parole officer took the phone because they were not acting as an agent for the police."

He compared it to a private citizen obtaining the phone, walking out with it and then deciding to hand it over to police.

Outside of court Friedman said he couldn't discuss the significance of the phone to the case.

There is reportedly DNA evidence that links Hanes to the crime scene and investigators have said they believe the murder was premeditated.

Zambito said he will reserve his decision on the admissibility of the phone until a later date. Hanes is scheduled for another court appearance at 2:45 p.m., March 13.

Press release:

The Genesee County Economic Development Center is pleased by the announcement today that Ryan Homes has officially broken ground on its new residential project in Oakwood Hills in Batavia.

Ryan Homes broke ground on the first of 56 new homes which vary in size ranging from 1,483 square feet to 2,190 square feet. Affordably priced and located conveniently to all Genesee County has to offer, these new sites will sell quickly.

The Oakwood Hills project will provide single-tenant living along with homes containing up to five bedrooms, two and a half bathrooms, and a basement. All of the homes are designed with an open floor plan that places an emphasis on allowing natural light to come into the homes. The homes will be affordably priced from the $190's.

“The growth happening within Batavia is undeniable, so it is extremely satisfying for us to be a part of fostering that growth by building more housing options for both residents and newcomers alike,” said Shawn Benzer, Regional Sales and Marketing manager of Ryan Homes.

The Oakwood Hills development is located within a community experiencing significant business activity. Food and beverage manufacturing companies have invested nearly $500 million into the Genesee Valley Agri-Business Park, and the next phases of development at the 1,250-acre WNY STAMP campus and Batavia’s Downtown Revitalization Initiative are catalyzing future growth.

“More people will be moving to Batavia and Genesee County as new opportunities and businesses open up, which means we need more housing options,” said Steve Hyde, president and CEO of the Genesee County Economic Development Center.

“Batavia is filled with so many incredible people and providing both current and future residents with beautiful places to call home is a strong asset in our continued economic growth.”

The new construction by Ryan Homes also supports Genesee County’s Smart Growth development plan and the need identified in county’s 2018 market analysis for new single-family homes. The analysis projects a housing demand for more than 1,100 new single-family homes by 2040 in a mid-range growth scenario for Genesee County.

“As we recently learned from our housing needs assessment, the rise of new businesses and attractions locating in Genesee County over the next 20 years will lead to a rapidly growing demand for new housing options,” said Felipe Oltramari, director of the Genesee County Planning Department.

“Targeted new home construction in Batavia helps meet our housing needs as our county continues to grow, and supports Genesee County’s Smart Growth development plan.”

Ryan Homes encourages interested prospective tenants to join a VIP list at RyanHomes.com to be the first to get information on the community and exclusive access to VIP-only offers like special pricing and incentives for the early birds.

For more information regarding the houses, visit oakwoodhills.co. or click here.

Notre Dame dominated Hammondsport in their first-round Class D1 Section V playoff game at Notre Dame on Wednesday night, winning 85-40.

Gabe Macdonald scored 27 points, Colin McCulley scored 17, and Keith Szczepanski added 14 to pace the Fighting Irish.

Spencer Misit scored eight and Andrew Moore scored six. In all, nine Irish put points on the board.

"I think this was a team effort and I thought everybody contributed," Coach Mike Rapone said. "We played really well on both ends of the floor and rebounded well, passed the ball well. Keith was dominant inside and we got him the ball in areas where he could be effective."

Rapone thinks the road to the Class D1 finals runs through Mount Morris, which is where the Irish, now 12-9 on the season, head to next at 7 p.m., Saturday. Mount Morris is ranked second and is 17-3.

"Mount Morris is a very good team," Rapone said. "They got a few guys who have been starting for three years. This is the year they've been pointing to. They think they got a chance to win it all which they do. So this is a big test for us."

Also on Wednesday night, Batavia beat PalMac 87-41. Coverage is coming.

Tomorrow:

• Elba vs. Bradford, 7 p.m. at Elba
• Alexander vs. Geneseo, 7 p.m., at Alexander

Number 8 seed Pavilion knocked off #9 seed Dundee on Wednesday night at home in a Class 3 Section V playoff game, 36-31, in girls basketball.

For the Golden Gophers, Lindsay Lowe scored nine points, Aprile Beehler and Bri Hirsman each scored eight points, Lauren Kingsley scored seven, and Karlee Zinkievich scored four.

For Dundee, Mckenzie Strait scored 11 points and Megan Sutherland scored 10.

Pavilion is now 10-11 on the season and plays #1 seed South Seneca (18-1) on Saturday at South Seneca at 2 p.m.

In other girls basketball action Wednesday:

• Pembroke 68, Bloomfield 56
• Alexander 72, Rochester Academy 49

Tomorrow's games:

• Batavia vs. Livonia, 7 p.m. at Batavia HS
• Notre Dame vs. PalMac, 7 p.m., at PalMac

Top photo: Karlee Zinkievich.

Photos by Ryan Paddock.

 Lauren Kingsley

Aprile Beehler

Jordan Barrett

A proposal to reduce funding from the state for towns and villages, known as AIM (Aid and Incentives for Municipalities) could wind up as just another cost burden for Genesee County, County Manager Jay Gsell told the Ways and Means Committee at its meeting Wednesday.

If the funding cut goes through, the County could make up the $230,000 in difference for towns and villages from its own revenue.

Gsell said the governor’s office is being somewhat disingenuous about how cuts are being presented to municipalities.

What the state says it will do and what it actually does will be two different things, Gsell suggested.

The governor’s office is proposing a new sales tax on products sold digitally, an e-commerce tax, and that new revenue stream -- the theory goes -- will allow counties to share a portion of sales tax with municipalities.

Genesee County is one of the few counties in the state that currently shares sales tax but the proposal by the governor would mandate an obligation, perhaps above current revenue sharing, and force the rest of the counties to start sharing sales tax.

But there’s no guarantee New York will be successful in instituting an e-commerce tax – something state officials have sought for years, and it would certainly be difficult, Gsell said, to institute before the state’s new fiscal year starts April 1.

That could leave the counties, including Genesee County, with another unfunded mandate.

Under the governor's budget proposal, only municipalities that use a lower percentage of AIM for their annual budget would have funding cut. If that holds, neither the Village of Le Roy nor the City of Batavia, which receives more than $1 million in AIM funding, would have that funding cut.

The Legislature will be asked to vote on a resolution opposing the proposed cut to AIM.

Gov. Andrew Cuomo's Office today announced $23.6 million in funding for 31 airports across the state, including $656,000 for a new aircraft hangar at the Genesee County Airport.

Other airports in the region to receive funding: 

• $559,000 to construct a deicing containment System and emergency equipment at the Penn Yan-Yates County Airport;
• $499,000 to deploy a new start-of-the-art garage parking guidance system at the Greater Rochester International Airport;
• $369,000 to renovate an aircraft hangar at the Dansville Municipal Airport in Livingston County;
• $336,000 for the installation of a new Jet-A fuel tank and associated equipment at the Williamson-Sodus Airport in Wayne County;
• $204,000 to construct an aircraft fuel storage and dispensing system at the Pine Hill Airport in Orleans County;

Press release:

For the remainder of the school year, the Oakfield-Alabama Central School District has reached an agreement with the Sheriff's Office to provide a school resource officer on the district's campuses.

The Public Service Committee recommended Tuesday a budget amendment that would increase the Sheriff's budget by $42,263 to be offset by $41,263 from the school district.

Deputy Howard Wilson is expected to serve as O-A's new SRO.

Wilson's road patrol position will be filled by a new hire.

There are a number of open slots on road patrol currently, Sheriff William Sheron told the committee. 

Five recruits begin law enforcement training March 11. They will attend the academy in Niagara County for 22 weeks, followed by 14 weeks of field training.

Another four recruits are expected to begin training in August or September.

In the meantime, Sheron said, the office is understaffed and deputies are working overtime. The overtime expense is offset by the open positions going unpaid.

Legislator Marianne Clattenburg asked if the Sheriff's Office has received reports from other school districts with new SROs this year -- Alexander, Pavilion, and Pembroke -- to substantiate that the program is effective.

"About a month ago, I revisted each school district and the response from superintendents and staff was overwhelmingly positive," Sheron said. "More than just being a deterrence, their are bonds being formed.

"Students are not fearful of the officers and their not afraid to share experiences with officers, sometimes about home life, which isn't always good. All I can say is every response I've gotten has been favorable from each one of the schools."

Colby Tillotson scored 17 points to help lead Pavilion over Keshequa 59-46  in a first-round  Section V playoff game in Pavilion on Tuesday night.

The #6 seed in Class C3, the Golden Gophers have been without Zach Wiedrich, a top scorer on the team, since the 10th game but Tillotson, Ryley Elliott, Cameron Milligan and Luke Milligan have all stepped up to help fill the gap, said Coach Rob Milligan.

Weidrich, a junior, was diagnosed with a heart condition and may not be able to play competitive basketball again.

As an example of Weidrich scoring prowess, Milligan said he got hot one game last season and scored 36 points.

Tuesday, Elliott scored nine points, as did Cody Penders. Nate Swede scored six points. Tillotson hit three three-point shots.

For Keshequa, Cameron Chestnut scored 17 points. He also hit three three-point shots.

Press release:

The Batavia Development Corporation (BDC) Board of Directors reviewed the agency’s 2018 results and set goals for 2019 at their last board meeting.

In 2018 the BDC assisted eight projects that invested $3.5 million and pledged to create 38 new jobs. The JJ Newberry Building, award winner of the Robert Macon Award from the Community Design Center of Rochester, was the signature project opening its doors in February of 2018.

“The BDC is positioned to help small businesses and building owners in the City advance their projects,” said Pier Cipollone, president of the Batavia Development Corporation.

“We are also working to advance the Batavia Brownfield Opportunity Area (BOA) sites including Ellicott Station, Creek Park, City Centre, the Medical Corridor and the Harvester Campus.”

Other planning efforts guiding the BDC’s work include the recently updated Comprehensive Plan and Downtown Revitalization Investment (DRI) Strategy.

“The BOA, Comprehensive Plan and DRI Plan were created through a civic engagement model that allowed input and direction from the community to create a road map for land use and economic development in the City,” said Martin Moore, City of Batavia manager.

“The plans identify some of the most pressing issues in the City including blighted, contaminated and underutilized sites, housing issues and recommendations to reverse these trends.”

With the DRI award of $10 million the BDC plays a critical role in overseeing and advancing DRI projects. Currently the BDC is working with all of the DRI project owners and multiple state agencies to coordinate and assist projects.

The BDC successfully launched the $600,000 Batavia DRI Building Improvement Fund and is in the process of working with applicants before final selections are made.

“The momentum and excitement of the DRI has attracted new businesses and developers across the City,” said Rachael Tabelski, director of Economic Development for the BDC. “We will start to see scaffolding and construction starting in 2019.”

BDC Board approved 2019 goals:

• Secure capital/business commitments of $5 million;
• Secure business pledges to create 25 jobs;
• Secure a micro-enterprise grant/loan program for the City of Batavia to foster new start-up businesses;
• Achieve the BDC’s 2019-2020 budget;
• Successfully administer and implement the Batavia DRI Building Improvement program;
• Encourage, enable and incentivize downtown building owners to add new upper-floor apartments and new residential living in the City of Batavia;
• Participate in the City’s environmental investigation and planning around the BOA Creek Park site;
• Continue to enhance the BDC’s value and build strong relationships with the City of Batavia government, schools, businesses and residents, and other economic development organizations.