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Benjamin Santiago Jr. is indicted for the crime of first-degree robbery, a Class B violent felony. It is alleged that on June 2 at an upper apartment on Ellicott Street in Batavia that Santiago forcibly stole property from another person, and in the course of the commission of the crime used or threatened the immediate use of a dangerous instrument -- a hammer. In count two, Santiago is accused of forcibly stealing property and in the commission of the crime, causing serious physical injury to a person. It is also a Class B violent felony. In count three the defendant is accused of first-degree assault, another Class B violent felony, for intentionally causing serious physical injury to another person by means of a dangerous instrument -- a hammer. In count four, Santiago is accused of grand larceny in the fourth degree, a Class E felony, for stealing a credit or debit card belonging to another person. In count five, he is accused of petit larceny, a Class A misdemeanor, for stealing U.S. currency from the same victim. In count six, he is accused of petit larceny for stealing a Fuji bicycle from a different victim that day on Bank Street in the city, which is a misdemeanor. In count seven, Santiago is accused of second-degree burglary, a Class C violent felony, for entering a dwelling on Bank Street Road in the Town of Batavia with the intent to commit a crime. In count eight, the defendant is accused of third-degree grand larceny, a Class D felony, for allegedly stealing property with a value of more than $3,000 -- a 2010 Ford F150 Lariat super cab truck -- belonging to a third victim.

Juaquin E. Davis is indicted for the crime of criminal contempt in the first degree, a Class E felony. It is alleged that on Jan. 16 in the City of Batavia that he violated an order of protection by being in the presence of the protected party. In count two his is accused of the same crime on March 18. In count three, Davis is accused of the same crime on March 18 for allegedly grabbing the protected party by the hair and pushing her up against a wall, then shoving her against a window. In Special Information filed by the District Attorney, Davis is accused of having been convicted of second-degree criminal contempt, a Class A misdemeanor, on Oct. 3 in City of Batavia Court. His conviction stems from violating an order of protection and that conviction was within five years of the crimes alleged in the current indictment.

Cody M. Landin is indicted for the crime of aggravated driving while intoxicated, a Class E felony. It is alleged that on March 20 in the Town of Stafford that Landin drove a 2008 Mazda on Route 237 while intoxicated and while a passenger age 15 or under was a passenger. In count two, he is accused DWI, also as a Class E felony, for driving that day while allegedly intoxicated. In count three, Landin is accused of aggravated unlicensed operation of a motor vehicle in the first degree, a Class E felony, for allegedly driving while intoxicated, knowing that his NYS driver's license was suspended or revoked by authorities. In count four, he is accused of aggravated unlicensed operation in the third degree, as a misdemeanor, for driving when his license was suspended by authorities on Nov. 14. In count five, the defendant is accused of refusing to submit to a breath test, a violation of vehicle and traffic law. In Special Information filed by the District Attorney's Office, Landin is accused of having been convicted of driving while ability impaired by alcohol and drugs, as a misdemeanor, on Jan. 14 in Town of Covington Court and that conviction was within 10 years of the crimes alleged in the current indictment. The conviction forms the basis of the driver's license revocation referred to in count three of the current indictment. The DA also accused Landin of failing to pay a fine imposed for a conviction in Town of Le Roy court for an offense committed on May 15, 2018; failure to pay that fine forms the basis for the driver's license suspension on Nov. 14.

Eric C. Cleary is indicted for the crime of driving while intoxicated, as a Class E felony. It is alleged that on March 31 in the Town of Alabama that Cleary drove a 2016 Ford van on Lewiston Road while intoxicated. In count two, he is accused of first-degree aggravated unlicensed operation of a motor vehicle, a Class E felony, for driving that day while intoxicated and while his driver's license was suspended or revoked by authorities. In Special Information filed by the District Attorney, Cleary is accused of having been convicted for DWI, as a felony, on Nov. 23, 2010 in County of Monroe Court and that conviction is within 10 years of the crimes alleged in the current indictment. He is also accused by the DA of having been charged in Brighton Town Court of DWI, per se, on Nov. 18 of last year, and prosecution of that crime forms the suspension referred to in count two of the current indictment. Furthermore, as a result of the Nov. 18 crime, his driver's license was suspended or revoked on Dec. 19 pending the prosecution of it.

Eduardo Santiago is indicted for the crime of aggravated driving while intoxicated, per se, as a Class E felony. It is alleged that on May 19 in the Town of Pembroke that Santiago drove a 2002 Fore Ranger westward on I-90 while having a BAC of .08 percent or more and while a child age 15 or less was a passenger. In count two, he is accused of aggravated DWI, also as a Class E felony, for driving while intoxicated with a passenger age 15 or less. In count three, he is accused of speeding for driving over the maximum speed limit. In count four, he is accused of unlicensed operation of a motor vehicle for driving the Ford Ranger without a driver's license.

Paula A. Cipro is indicted for the crime of criminal possession of stolen property in the fourth degree, a Class E felony. It is alleged that on March 21 that Cipro knowingly possessed stolen property while on Bank Street in the City of Batavia -- a debit card belonging to another person. In count two, she is accused of petit larceny, a Class A misdemeanor, for using the victim's debit card to make purchases at a local deli.

Three people were arrested by the Genesee County Sheriff’s Office during the Beck concert at Darien Lake Performing Arts Center on Tuesday, Aug. 13. They were issued appearance tickets for Aug. 27 in Darien Town Court.

Michael L. Bauer, age 33, of William Street, Cheektowaga, arrested for second-degree harassment and fourth-degree criminal mischief after allegedly punching another patron and breaking their eyeglasses in the parking lot.  

Wendy M. A. Woite, age 20, of Chateau Terrace, Snyder, arrested for false personation after allegedly providing a false driver's license.  

Luke D. Wilson, age 19, of West Miller Street, Newark, arrested for trespass after allegedly climbing on top of a vending building inside the concert venue.

Press release:

United Memorial Medical Center, of Rochester Regional Health, in Batavia announced today that it is a recipient of the Healthgrades 2019 Patient Safety Excellence Award^TM.

This distinction places United Memorial Medical Center among the top 10 percent of all short-term acute care hospitals reporting patient safety data as evaluated by Healthgrades, the leading online resource for information about physicians and hospitals.

“We’re bringing the same level of care you would expect in a big city hospital here to Batavia,” said United Memorial Medical Center President Dan Ireland. “Our patients deserve to have great care close to home.”

During the study period (2015 to 2017), Healthgrades 2019 Patient Safety Excellence Award recipient hospitals demonstrated excellent performance in safety provided for patients in the Medicare population, as measured by objective outcomes (risk-adjusted patient safety indicator rates) for 14 patient safety indicators defined by the Agency for Healthcare Research and Quality (AHRQ).

Healthgrades found that patients treated in hospitals receiving the Patient Safety Excellence Award were, as compared to patients at non-recipients hospitals, on average*:

• 55.9 percent less likely to experience an accidental cut, puncture, perforation or hemorrhage during medical care.
• 50.9 percent less likely to experience a collapsed lung due to a procedure or surgery in or around the chest.
• 64.4 percent less likely to experience pressure sores or bed sores acquired in the hospital.
• 57 percent less likely to experience catheter-related bloodstream infections acquired at the hospital.

In addition, if all hospitals in the country performed at the level of award recipients for each of the 14 Patient Safety Indicators, 127,667 patient safety events could have been avoided.*

“We are proud to recognize the recipients of the 2019 Healthgrades Patient Safety Excellence Award, which shines a spotlight on the hospitals that are preventing the occurrence of serious, potentially avoidable complications, for patients during their hospital stay,” said Brad Bowman, MD, chief medical officer, Healthgrades. “We applaud these hospitals and their commitment to providing the best possible care for every patient.” 

Two UMMC service lines received the Healthgrades five-star rating for 2019.

• Orthopaedics, for the total hip replacement program
• Gastrointestinal, for treatment of gastrointestinal bleed

“Awards and accolades like these are meaningful because they are a reflection of United Memorial Medical Center’s and Rochester Regional Health’s commitment to constant improvement,” Ireland added.

“Throughout the entire region, our health system has an ongoing commitment to improving quality and safety. We share expertise and best practices with each other so all of our patients can benefit.”

View Healthgrades hospital quality methodologies.

*Statistics are calculated from Healthgrades Patient Safety Ratings and Excellence Award methodology which is based primarily on AHRQ technical specifications (Version 5e and 2018) to MedPAR data for years 2015 through 2017 and represent three-year estimates for Medicare patients only.

Billy Truitt, who cuts a few lawns on the side, said he's been doing it this way for years -- dragging his lawnmower along local streets -- in the case Ellicott Avenue -- going from one lawn-cutting job to another.

From the Alzheimer's Association of WNY:

The Batavia Walk to End Alzheimer’s will take place on Saturday, Sept. 21.

It is part of the global Walk to End Alzheimer’s -- the world’s largest event to raise awareness and funds for Alzheimer’s care, support and research.

On Saturday, Sept. 21, from 9 a.m. to noon, approximately 750 individuals from the greater Genesee County area — family members, caregivers, employers, friends and persons living with dementia — will honor all those impacted by the disease and fight for a world without Alzheimer’s.

Premier Genesee Center for Nursing and Rehabilitation at 278 Bank St. in Batavia is hosting the event, which begins and ends there.

Proceeds from the walk ensure the Alzheimer’s Association Western New York Chapter can continue to provide supportive services and education at no cost, while raising awareness of Alzheimer’s disease and Association services all across the Genesee Valley.

While there is no fee to register or participate, we strongly encourage participants to fundraise to contribute to the cause and the Chapter offers a number of tools and materials to help with fundraising.

The Center’s outdoor park offers space to enjoy snacks and refreshments, visit with local vendors, and buy basket and 50/50 raffle tickets, while the roughly two-mile walk route offers a pleasant stroll through a lovely neighborhood.

Register today at alz.org/Walk and start fundraising to earn terrific incentives, including the 2019 purple Walk T-shirt.

Please call (716) 626-0600 or 800-272-3900 with any questions.

A concrete truck rolled on its side and is in a ditch on the east side of 9015 Alexander Road, Batavia. It is believed that a tire on the truck blew out. The location is between Rose Road and Pike Road.

Town of Batavia Fire Department is responding along with Mercy medics.

UPDATE 2:33 p.m.: The sole occupant, the driver, is up and walking around. The accident is not blocking traffic.

UPDATE 3:12 p.m.: The truck was carrying 55,000 pounds of mixed concrete. After the truck blew a tire and the accident occurred, the mixing barrel holding the concrete became detached from the truck at the back end. This requires the tow service to cut the front housing of the barrel so it can be separated from the truck and the barrel and the truck can be hauled away separately.

UPDATE 4:46 p.m.: Town of Batavia Fire Department is requested back to the accident scene to assist with traffic control to facilitate the tow.

UPDATE 5:04 p.m.: Route 98 (Alexander Road) is shut down between Pike and Rose roads until the damaged cement truck can be hauled away.

Le Roy PD has received two reports today of a "strange acting" raccoon in the Village.

The first incident was on North Street and a resident said the raccoon attacked somebody.

The second incident was on Erie Street and the caller tried to keep an eye on it but it disappeared into the weeds before a patrol arrived.

The police ask if you see the raccoon, keep your distance, call 9-1-1 and then try to keep an eye on it until a patrol arrives.

A motorcycle accident -- no word on injuries -- is reported in the area of 9349 Creek Road, Batavia.

Town of Batavia fire and Mercy EMS dispatched.

UPDATE 9:35 p.m.: Town of Batavia hold equipment in quarters, per a chief on scene.

Work crews spent most of the day finishing installation of a footbridge, as part of the new Ellicott Trail, scheduled to open this fall, over the Tonawanda Creek at Walnut Street in Batavia.

Road Closure

The Genesee County Highway Department announces that Railroad Avenue between Route 98 and Sandpit Road in Alexander is closed starting today, Aug. 13, through Aug. 27^th. Detour signs will be posted.

The public will be notified when it reopens.

Creek Road Bridge will be reopened on Wednesday, Aug. 14^th to both lanes of traffic.

For the past two weeks, there was a single lane closure on Creek Road at the intersection of Cook Road in Bethany for painting the bridge over the Little Tonawanda Creek.

County Highway Department

From Senator Michael H. Ranzenhofer, 61st Senate District:

A recent report confirmed what far too many Western New York families already know; New York State is one of the most expensive states for childcare in the nation. According to the report, childcare costs the average family in New York State over $14,000 annually for a single child.  

Unfortunately, childcare is only one example of New York’s affordability crisis. In addition to childcare, NY is one of the most expensive states to retire in and has some of the highest property taxes, income tax rates, and energy costs.

Equally troubling is that despite paying tremendous costs, our services and infrastructure regularly scores in the middle or bottom of the pack nationally.

Regrettably, the 2019 legislative session only made matters worse.

New and higher taxes, cuts to cost-saving programs and new mandates that will increase food and energy prices will not help Western New York families. If you own a home, have a child, are retired, use electricity, or eat, it will now be more expensive to live in New York.

Making New York State more affordable is one of my top priorities and now more than ever we need to embrace my Affordability Agenda.

The Affordability Agenda lowers taxes for the middle class, cuts energy taxes, and provides for real mandate and regulatory reforms to ensure that these measures are sustainable.

In addition, I am sponsoring legislation to make child care more affordable (S4458) and to cap property taxes for seniors (S4579). Seniors should not be forced out of the homes they own due to annual property tax increases. It is critical to accomplish this by reforming our government, not simply shifting the tax burden.

I will continue to do all I can to support policies that help hard working Western New Yorkers. We will never reach our full economic potential if we continue to have some of the highest taxes and most burdensome regulations in the nation.

Press release:

The City of Batavia Fire Department will be flushing fire hydrants In the areas south of Main Street and west of Jackson Street on Wednesday and Thursday, Aug. 14 and 15, from approximately 9 a.m. to 3 p.m., and Friday, Aug. 16, from approximately 8 a.m. to 12 p.m.

Homes and businesses nearby will be affected.

This may result in a temporary discoloration of water in that area. As in the past, please do not attempt to wash any clothing if your water appears discolored. If you do experience a discoloration of your water, run cold water for about five minutes or until clear.

The following people were arrested by the Genesee County Sheriff’s Office during the Bryan Adams Concert at Darien Lake Performing Arts Center on Friday:

Julie M. Adam, 48, of Abbott Road, Buffalo, was charged with second-degree harassment and trespass after allegedly punching a Live Nation security guard in the head and then attempting to reenter the concert venue after being ejected and told not to return. 

John L. Adam, 26 of Abbott Road, Buffalo, was charged with second-degree harassment after allegedly grabbing and shoving a Live Nation security guard. 

Joseph F. Adam, 22, of Abbott Road, Buffalo, was charged with second-degree harassment after allegedly striking a Live Nation security guard. 

March 15, 2016.

That was the date when community leaders gathered excitedly at the former Soccio & Della Penna Construction and Santy’s Tire Sales properties at 56-70 Ellicott St. to hear Samuel J. Savarino, CEO of Savarino Cos. of Buffalo, share details of a $20 million development featuring office, retail, residential and entertainment space.

The project has come to be known as Ellicott Station and it is the centerpiece of the City of Batavia’s Downtown Revitalization Initiative effort in its 366-acre Brownfield Opportunity Area.

Fast forward to today and – although much may be going on behind the scenes – nothing has been done at the site. City officials are still waiting for that shovel to be put into the ground.

The lack of progress has prompted City Manager Martin Moore to write a letter of support to the commissioner of the state Division of Housing and Community Renewal and has some City Council members scratching their heads. Their disillusionment was apparent at Monday night’s Council meeting.

“I’m very disappointed in the developer,” Council Member Robert Bialkowski said. “There’s broken glass, windows missing … the property is becoming worse by the day. It’s an eyesore. What kind of landlord is he going to be?”

Council President Eugene Jankowski agreed that he is concerned, saying that “we have given him enough leeway.”

He also noted that there are many components to be considered and thought that one area of red tape involved funds tied up by HCR.

The board voted, 6-2, in favor of Moore sending the letter to Ruthanne Visnauskas, HCR commissioner. Bialkowski and Rose Mary Christian voted no.

Moore’s letter points out that the project “will positively impact the City by providing mixed-income (including affordable) housing, brownfield remediation and reuse of a blighted site, right in the heart of the City.”

It goes on to state that the site “has been directly noted in the (DRI) as a high priority project that should be fully supported” and that it “aligns with the HCR’s mission to build and support affordable housing.”

The letter ended with Moore writing “I hope that you will seriously consider ensuring that this project proceeds with the support of HCR.”

Following the meeting, Christian said that the inactivity has gone on for much too long.

“He’s (Savarino) received millions already – the property is a disaster – and he wants more money,” she said. “Where is the money that he has received? Is there any accountability?”

Grants – acceptance of, consideration of and application for – were the order of the day (actually, night) at Batavia City Council’s joint Conference and Business meeting on Monday at City Hall.

Resolutions pertaining to various grants, including a $750,000 Downtown Revitalization Initiative award to make the Jackson Square entertainment spot more attractive, as well as those dealing with the repair of the Redfield Parkway pillars and the filling of vacancies on the police department kept things moving during the 90-minute session.

Department of Public Works Director Matt Worth reported that the City is required to enter into a detailed contract with the Department of State in order to release the three quarters of a million dollars from the $10 million DRI award bestowed on the City.

Plans call for the funds to be used to “enhance the enjoyment of the area (by) improving the street surface, lighting and other amenities during events,” Worth wrote in his Aug. 3 memo to City Manager Martin Moore.

Worth said the project has a “five-year window” for completion and added that he hoped that the design phase could take place next summer with construction completed sometime in 2021. This will be the first in what should be a long list of DRI projects in the City.

Council voted unanimously to move forward with the Department of State contract.

The board also approved acceptance of a National Grid Urban Center/Commercial District Revitalization Program grant of $165,000 to improve the City Centre Campus.

According to Rachael Tabelski, who is transitioning from economic development director to assistant city manager, the project will consist of a feasibility study, architectural services, roof replacement in separate areas, energy-efficient indoor lighting, painting and other repairs.

The award is a 3:1 matching grant, Tabelski said, that will be matched with committed City money along with funds from New York State Empire State Development Feasibility Grant, ESD DRI City Center Grant and Department of State DRI Grant for Harvester Theater 56.

In other action, Council:

-- Approved Police Chief Shawn Heubusch’s request to add two more officers to the staff, authorizing the recruits’ training ahead of a pair of anticipated retirements in order to shorten the time period between the retirements and their replacements.

Heubusch (in his memo to Moore) proposed hiring two officers this fall and sending them to the police academy next month.

“This way, the officers will be near completion in their field training process during the spring/summer of 2020,” he wrote.

He said currently three recruits are at the police academy and four are in field training, which leaves a shortage on the streets.

Considering the two impending retirements, Moore advised that there would be no additional cost to the city but could result in a savings of up to $13,000.

-- Accepted a $10,500 grant from the NYS Department of Motor Vehicles for police traffic services, specifically to increase seat belt usage; agreed to Heubusch applying for a federal grant supporting an additional detective position for four years to address narcotics issues, and voted in favor of establishing a police K-9 program with support from business and individual donations.

-- Received an update from Worth on the rehabilitation of the pillars on the south end of Redfield Parkway. The City’s budget includes $70,000 out of the facilties reserve to repair the structures.

Wroth said bids went out on Aug. 1 and will be opened on Aug. 27. He expects Council to act on the matter at its Sept. 9 Business meeting, and said construction could start either this fall or next spring.

At least one Council member said she may vote against it.

“If it’s over $70,000, I’ll disapprove of it,” Rose Mary Christian said. “I disapproved of it from the beginning because it is taxpayer money.”

-- Moved to the next business meeting a pair of $20,000 grant requests from the City’s Revolving Loan Fund by Guy Clark, owner of Cedar Street Sales & Rentals, and by Stephen Valle and Carrie and John Lawrence, owners of a hair salon/apartment building at 242 Ellicott St. (at the corner of Liberty Street).

Clark is expanding with a building across the street from his existing business and the grant money would be used to add “an attractive and functional front porch façade to this new building,” Tabelski said.

She reported that Clark has received tax incentives ($37,000) from the Genesee County Economic Development Center, including Payment in Lieu of Taxes (PILOT), which will result in Clark paying $28,000 into the Batavia Pathway to Prosperity (BP2) fund over the next 10 years and another $28,000 to the three taxing jurisdictions (City of Batavia, Batavia City School District and Genesee County).

Tabelski said the project will retain 10 employees and add one or two employees while generating an estimated $16,000 in additional sales tax revenue.

The Valle/Lawrence projects centers on renovation of the 3,400-square-foot building, with the City grant earmarked for completion of the entire façade and renovation of one of the two upstairs apartments.

Previously, the trio received $22,050, about a third of the project cost, in grant funds from the Batavia DRI-Building Improvement Fund.

Tabelski noted that the property is in the flood plain, where it is “difficult to reinvest” and the project “encourages downtown living.”

While Council members Kathleen Briggs and Paul Viele stated their support for this plan, Christian disagreed.

“There are a couple apartments in that building … why can’t they take care of their own?” she asked. “We have to take care of our houses.”

Tabelski responded that the City is advancing its homeowner assistance program and that about 70 residents have expressed interest in it, to which Christian nodded affirmatively.

Photo at top -- Police Chief Shawn Heubusch congratulates Joshua Girvin after the recruit's swearing in at Monday night's City Council meeting. Girvin, an Albion resident, starts the second phase of the police academy today and is expected to join the police force in a few months. Photo by Mike Pettinella.

A one-vehicle rollover accident is reported in the Village of Oakfield at 95 N. Main St.

Oakfield Fire Department and Mercy medics are responding.

A first responder reports the car is on its roof, on fire. Minor injuries. The road will be shut down.

The location is between Cary Avenue and Bennett Avenue.

UPDATE 5:29 a.m.: The fire has been extinguished with a fire extinguisher. All occupants are out.

UPDATE 5:41 a.m.: Apparently two vehicles are involved since a dispatcher said "Ron and Newt's (towing) will be in route for both."

Photos by Alex Feig/WBTA.

Sam managed to get his doggie door unlocked and then wandered off.

At about 4:15 p.m., Saturday, a man was seen trying to get him from the side of the road near a neighbor's house, according to a witness who contacted Debbie Douglas, and so that couple stopped to help him. The man said he was going to check with the farm down the road to see if the dog belonged there and if not, he would take the dog to the shelter.  

Debbie has contacted the animal shelters in Genesee and Wyoming counties and Sam is at neither shelter.

The man who picked up Sam is described as older, with a thin build, gray hair, tattoos on both arms and driving a red Chrysler Pacifica. The witnesses are almost certain that he has a gray beard also. 

"We just really want to find him," Debbie said. "We appreciate that someone cared enough to pick him up and is taking care of him."

If you can assist in getting Sam home, call Debbie Douglas at (585) 356-0820 or Tom Douglas at (585) 356-0824. I am attaching photos.

UPDATE 10:18 p.m.: Sam is home safe. A couple from Medina had him and returned him.