batavia

Sources say the legislation necessary to implement a new 40-year sales tax sharing agreement between Genesee County and the City of Batavia has been delivered to the desk of Gov. Andrew Cuomo.

He now has 10 days to sign it or veto it or let the deadline pass (known as a pocket veto).

The bill incrementally shifts sales tax revenue previously shared with towns and villages with that revenue targeted to pay off bonds for a proposed $60 to $65 million jail and for water infrastructure projects.

As The Batavian reported exclusively two days ago, with the bill lingering in Albany, unsigned, the county was in danger of going without a sales tax agreement in 2020 and that County legislators felt it necessary to suspend the planning process for the new jail.

If the bill is signed, there will be a sales tax sharing agreement in 2020 and jail funding can be secured.

The state's Corrections Commission is requiring Genesee County to replace its substandard jail.

Previously: Plans for new $65 million jail put on hold while governor dawdles on sales tax legislation

Submitted photos and press release:

Medal of Honor recipient David G. Bellavia appeared at the NYS Veterans Home on Thursday, Oct. 10, as part of a wish-granting experience created by the local nonprofit, Senior Wishes.

Bellavia, an Army Staff Sergeant and the first living Iraq War Veteran to receive a U.S. Medal of Honor, spoke to residents, staff and guests, including members of the Combat Vets Association.

His speech was followed by a reception organized by Senior Wishes which included refreshments, and the opportunity for guests to meet with Bellavia, who graciously shared his Medal of Honor, posed for pictures and signed copies of his book.   

The event was planned as part of an introduction of Senior Wishes to the Batavia community, as the program has just expanded from Erie and Niagara counties to also serve residents of Genesee, Wyoming and Orleans counties.

Established in 2013 by the United Church Home Society (UCHS), Senior Wishes’ mission is to honor and recognize the lifelong contributions of our oldest citizens by granting meaningful wishes that will enhance seniors’ lives.  

According to Wendy Miller Backman, Senior Wishes executive director, “Senior Wishes was created to recognize that our aging seniors still have things they want to do, places they want to go, or people they want to see. We transform those dreams into a reality.”

The program has granted more than 250 wishes in Erie and Niagara counties, and strives to grant more wishes to seniors by expanding into more counties. 

Wish requests may be big or small. Previous wishes have included air travel to visit long-missed family, cheering on a favorite team in person, and revisiting an abandoned hobby.  

Wish recipients must be 65+ and a resident of Western New York with an annual income under $38,000 for a household of one or under $44,000 for a household of two. Permanent residents of care facilities are exempt from the income qualification. Vacations, medical items, household repairs, bill payments and travel outside of the continental United States are excluded.

To learn how to apply for a wish, visit www.seniorwishes.org or call Wendy at 716-508-2121.

A car vs. motorcycle accident is reported in front of Settler's restaurant at 353 W. Main St. in Batavia. City fire and Mercy medics are responding.

UPDATE 11:55 a.m.: It appears a minivan exiting the Settler's parking lot failed to yield the right of way to an eastbound motorcyclist on Main Street, according to a first responder. The minivan struck the motorcycle and the rider was injured. Medics are treating his injuries roadside for now.

Submitted photo and press release:

Cedar Street Rentals in Batavia has donated two Cub Cadet benches to the Friends of the Batavia Peace Garden.

They are being placed in front of the shed on the west side of the County Building and Grounds Facility, along the path to the Memory Walk for a resting point for walkers who care to take a seat and enjoy.

They are a beautiful addition to the efforts of beautifying Downtown Batavia.

We members would like to take this opportunity to thank our community for all of its support in helping our flags flying and our flowers blooming!

In the photo above: committee members standing along the left bench are Louise Wallace, Berneda Scoins, Carol Grasso, and Donald Wallace; seated are Carolyn Epps with our youngest member Caleb Johnson. Standing in the middle are Ellen Bachorski, owner of Cedar Street Rentals Guy Clark and Barb Toal.

Press release:

The Batavia Police Department and Genesee County Sheriff’s Office has received an armored rescue vehicle from the U.S. Government’s 1033 program.

The program allows for departments across the nation to receive surplus military vehicles, for free, to use in special operations.

The vehicle received is called an MRAP, which stands for Mine-Resistant Ambush Protected. The vehicle was designed to withstand improvised explosive devices and ambush attacks. Due to its larger size, heavyweight, and big tires, it is also a perfect vehicle to use during flood situations and natural disasters.

The departments will take possession of the vehicle today and will begin retrofitting it with the necessary equipment to include paint, decals, lights/sirens, seating, and communications to make it suitable for law enforcement use.

The departments plan to use the vehicle for a multitude of duties to include, rescue operations during floods or natural disasters and high-risk law enforcement activities such as active threats/warrant executions, throughout the county.

This new addition will allow the departments to provide better protection to citizens in natural disaster situations and also protect officers who are involved in higher-risk law enforcement activities.

The Batavia Police Department and Genesee County Sheriff’s Office are proud to have this vehicle which better prepares the City of Batavia and Genesee County for any threat, both natural and man-made.

Previously:

• Chief says armored military vehicle would improve police rescue capabilities at low cost
• City moving forward, perhaps with county help, on request for MRAP from military

The City of Niagara Falls is honoring David Bellavia at 3 p.m. Saturday with a Key to the City and Bellavia will deliver a talk, "Duty 1st with David Bellavia: Serving Country and Community."

Duty 1st is offering 50 percent off on tickets for this event to readers of The Batavian. Use this link to purchase the discounted tickets.

Press release:

The public is invited to "Duty 1st with David Bellavia: Serving Country and Community," a 3 p.m. talk by the Medal of Honor recipient, who will be honored by the Niagara Falls community with a Key to the City. In addition, there will be a full speaking engagement and meet-and-greet.

Since getting the Medal of Honor, Bellavia has had the honor to talk to audiences from children to World War II veterans all around the Country -- he’s talked about patriotism, and service above self and shared laughs and tears with folks along the way. Now, he will finally get to deliver a talk for his friends and neighbors, hosted by the Rapid Theatre in Niagara Falls -- where half the event will be a sit-down Q&A with the audience.

The Oct. 12 event will also serve as a kick-off for a new nonprofit organization created by Bellavia, called Deuce Deuce Relief Fund Inc., which will benefit soldiers from Bellavia's prior Task Force in Iraq (Task Force 2-2).

General admission tickets are $22 (Deuce-Deuce) at the door – but Batavian readers can get a 50-percent off discount right now by preregistering using promo code Batavian. There are also publicly available deep discounts for military, whether active or VET/retired (75-percent off), and Gold Star families (free) – available at checkout, with no code required.

Tickets are available at DavidBellavia.com or on EventBrite.com – but here’s the custom link with embedded discount code: https://www.eventbrite.com/e/duty-1st-with-david-bellavia-serving-country-and-community-tickets-72099291923?discount=Batavian. If there are any issues, just enter discount code: Batavian.

Staff Sgt. Bellavia also will sign copies of his book "House to House: A Soldier's Memoir," which will be for sale onsite during this event at the Rapids Theatre, 1711 Main St., Niagara Falls.

Prior video coverage of David Bellavia's Medal of Honor:

Nathan Falsone, 35, of East Main Street, Batavia, is charged with criminal mischief and unlawful imprisonment. Falsone was arrested at 4:34 a.m. on Oct. 9 on East Main Street in Batavia following an investigation into a domestic incident. He was arraigned in Batavia City Court and released on his own recognizance. He is due in city court on Oct. 24. The case was handled by Batavia Police Officer Peter Post, assisted by Officer Peter Flanagan.

Jennifer J. Hogan, 28, of Buell Street, Batavia, is charged with: criminal use of drug paraphernalia in the second degree; criminal possession of a controlled substance in the seventh degree; unlawful possession of marijuana in the second degree; and open container of alcohol in a motor vehicle on a highway. Hogan was arrested at 8:19 p.m. on Oct. 8 on North Spruce Street in Batavia after a traffic stop investigation. She was allegedly found to be in possession of drug paraphernalia, marijuana and an open container of Corona beer. She was jailed in lieu of $10,000 cash bail or $20,000 bond. Hogan was due in Batavia City Court on Oct. 9. The case was handled by Batavia Police Officer Jason Davis, assisted by Officer Peter Post.

David Vega, 54, of Buell Street, Batavia, is charged with: first-degree aggravated unlicensed operator of a motor vehicle -- with more than 10 suspensions on 10 different dates; and having an unsecured front license plate. Vega was stopped at 8:19 on Oct. 8 on North Spruce Street in Batavia for a traffic violation. It was subsequently found that Vega had a suspended and revoked NYS driver's license. Vegas had 33 suspensions and revocations, of which 30 were on 20 separate dates. He was arrested and put in jail in lieu of $10,000 cash bail or $20,000 bond. He was due in Batavia City Court on Oct. 9. The case was handled by Batavia Police Officer Jason Davis, assisted by Officer Peter Post.

Seeing their teenage son graduate from Rush-Henrietta High School in June was exciting enough for Jakob Bathrick’s family, but three months later they had to say goodbye when he enlisted in the Marine Corps. 

Bathrick, 18, is a son of Rory Bathrick, who lives in Batavia, and Jessica Baltz, of Henrietta, formerly of Pavilion. 

“The day he left was my 39^th birthday, and I celebrated by giving my firstborn to the Marine Corps,” Baltz said. “Seeing him off was the most difficult thing I’ve ever had to do. I’ve always been close to my three kids and we always support each other."

Although his mother has cried and cried since he left, she knows this is something he wanted to do.

She said Bathrick made the decision to join the military a year ago, while he was on vacation with his grandparents in Washington, D.C. A recruiter had gotten his name through his high school and kept calling him.

“He initially was going to join the Army, but the Marine recruiter convinced him to join the Marines,” Baltz said. “After all, the Marines are ‘the few and the proud.’ ”

The recruits left Batavia’s recruiting substation and were bused to Niagara Falls, where they spent the night in a hotel, after preliminary briefing and time with their families.

The next day, families began arriving at 9 a.m. at the Air Force Base, and after security clearance, were directed to the building where the ceremonies would take place.

Bathrick’s family who came to see him off included his parents; aunt, Ami Quigley, of Pavilion; siblings Cecelia and Andrew Bathrick; grandparents Tom Bathrick, of Varysburg, and Nancy Baltz, of Pavilion; aunt, Jo Page, of Warsaw; family friend, Andy Caven and his grandparents, Bruce and Brenda Serena, of Akron. Brenda Serena is a retired lieutenant colonel in the Army and was allowed to perform the swearing-in ceremony for her grandson.

“That was pretty cool,” Jakob’s mother said. “Brenda was my mother-in-law and she’s just been Brenda to me. To see all those military saluting her was really impressive.”

The military is very diligent about seeing parents are wellbinformed about what lays in store for the recruit.

For the first several hours in the morning, while the recruits underwent final procedures, their families gathered in the cafeteria, listening to a representative from the American Red Cross and receiving instructions on what to expect during the next weeks of basic training. 

They learned the only way to communicate with their recruit in time of emergency is through the Red Cross. They were also informed about financial assistance available to the military, their families and retired veterans.

Perhaps the hardest thing for families was learning there would be no communication of any kind with the recruit, especially those joining the Marines, until after they were settled in to basic training.

Marines are the only branch of the military which does not allow recruits to have their cell phone during basic training, and before the recruits boarded a bus for Buffalo International Airport that morning, they handed their cell phones and any other personal belongings over to their family. 

Another hour or so was spent listening to Army Ret. Col. Nancy E. Bird, of Rochester, a volunteer at the Military Entrance Processing Station who does about 35 presentations a year at the base. She mingled with family and friends and briefed them on what their part should be in the coming months.

One thing she particularly stressed was the importance of writing – every day. She urged families to give the recruit’s address to everyone they know and ask them to write a letter.

Shortly after noon, the recruits were ushered out into the driveway, where their bus awaited. Each recruit received a brown envelope with his final instructions.

Jakob’s family was among those who followed the bus to Buffalo International Airport to wait and see him on the plane. They arrived at the airport around 3 o'clock, but the recruits’ plane wasn’t scheduled to leave until 5:30. However, they soon learned the plane had been delayed almost an hour. They were scheduled to land in Charlotte, N.C., then transfer to another plane for the final leg of the trip to Savannah, Ga., where a bus would take them on the two-hour drive to Parris Island, S.C.

Families had been told after arriving in Parris Island, recruits could make a formatted call of about 10 seconds, to let their parents know they had arrived. There would be no other personal conversation. However, because it was 1:30 or 2 in the morning by the time they arrived, Jakob’s family never got the call.

His mother was frantic and was able to call the Marine recruiter and learn Jakob had arrived safely.

“I am still crying,” Baltz said. “I cry because I’m so proud and I cry because I don’t think I can do this. Jakob has enlisted for eight years.”

During the ninth week of basic training, Jakob will be able to send home information from the battalion commander with information about graduation, which will be in the middle of December.

Part of Col. Bird’s briefing was what to expect for the families who plan to attend graduation. The ceremony is outside, and there is no parking close by, she said. She stressed the importance of proper dress.

At the conclusion of graduation, Marines are free to depart Parris Island and begin 10 days of leave – something Jakob’s family can’t wait for. 

His mother is hopeful because their 10-day leave takes them to Christmas Eve, that the Marines will extend the leave to have Christmas at home. 

Top photo: Jakob Bathrick gets congratulations from his grandmother, Ret. Lt. Col. Brenda Serena, of Akron, formerly of Attica, after she swore him into the Marines during ceremonies at Niagara Falls Air Force Base. 

Below: Jakob Bathrick’s entire family drove to Niagara Falls Air Force Base to see him sworn into the Marines in September. From left are: his grandfathers Tom Bathrick, of Varysburg, and Bruce Serena, of Akron; aunt Ami Quigley, of Pavilion; grandmother Brenda Serena, of Akron, a retired lieutenant colonel who swore Jakob in; Jakob’s siblings, Andrew and Cecelia Bathrick; father Rory Bathrick, of Batavia; Jakob; mother Jessica Baltz, of Henrietta, formerly of Pavilion; Andy Caven, family friend; aunt Jo Page, of Warsaw; and grandmother Nancy Baltz, of Pavilion. Grandfather John Baltz, who owns Baltz Concrete Construction in Pavilion, was unable to make the trip.

Photos by Virginia Kropf.

Many months of effort by Genesee County to replace its aging, legally out-of-compliance jail came to a standstill Wednesday night when the County Legislature, by consent, agreed to hold off on new jail plans until Gov. Andrew Cuomo signs sales tax agreement legislation that is necessary for the county to fund the jail.

The jail could cost as much as $65 million, which is money the county must borrow (through bonds) and the county won't be able to get those bonds without the 40-year sales tax agreement that will generate the revenue to pay back the loans.

The county and the city hammered out the agreement over the course of months of negotiations about how to divide the local portion of sales tax collected in the county and both elected bodies approved the agreement. The necessary legislation then went to the Assembly and Senate and was approved.

The bill now sits on the Senate president's desk awaiting a request by Gov. Cuomo to see it.  

He hasn't requested it and nobody knows why. It might be that there are 500 other bills on the Senate president's desk awaiting Cuomo's request, but nobody is sure if that's really the issue. Attempts by local officials to get an answer from any source, including the governor's office, have gone unanswered.

Meanwhile, the city and county don't have a sales tax agreement in place for 2020 and if they're going to have an agreement, absent the governor signing the 40-year-agreement bill, they must act fast.

The two municipalities could agree to extend the current agreement by a year or even extend it for 10 years. Either option could be approved on the State Comptroller's signature, without new legislation, but either option would also delay building a new jail by either length of time.

Once the governor requests the bill, he has 10 days to sign it or veto it, or he could do nothing, which is called a pocket veto. He could also let it sit on the Senate president's desk until Dec. 31, which is also a pocket veto.

If the bill isn't approved before Dec. 31, the whole process of approving a sales tax agreement would need to start from the beginning next year.

Neither the county, of course, nor the city, can wait until Dec. 31 to see if the governor will sign the bill. They need to approve a new sales tax agreement, if this one isn't approved, within weeks so there is time to get it approved by the comptroller's office and have it in place for 2020.

If there's no sales tax agreement, the county and city will not be able to fund normal government operations typically covered by sales tax revenue.

Chairman Robert Bausch is drafting a letter to the corrections commissioners informing them of the bind the county is in and asking if they can intervene with the governor's office.

County Manager Jay Gsell said the commission has been patient with the county over its current substandard jail on the premise that the county has been working toward building a new facility. 

Sheriff William Sheron said that a letter from the county might help extend that patience and at least put the commissioners on notice of the issue the county is facing.

Wednesday's meeting was initially called for the entire legislature to discuss jail plans and decide what would be included in the jail -- such as how many beds and pods construction contractors would be asked to bid on.

Some of that discussion took place, with an apparent agreement being reached on a four-pod jail with 184 beds. That would give jail staff the most flexibility in maintaining order and keeping different types of jail inmates, based on mental health issues and other factors, in appropriate housing.

After that discussion, Bausch brought up the sales tax issue and said he didn't see how the county could authorize the architect to start designing the facility because once the design is done, without a sales tax agreement, the county wouldn't be able to put the project out to bid because it couldn't get the project bonded.

"That would be pretty embarrassing for the county," he said.

A policy proposal submitted by Michael Bromley, Batavia City Schools athletic director, received some push back from Board of Education President Patrick Burk at Tuesday's school board meeting after Bromley said community organizations would be able to use the new Van Detta Stadium for free.

It's not that Burk opposes free use of school facilities, he said, but he claimed that to allow free use of Van Detta while groups must pay a fee at certain times to use other school facilities isn't fair.

Burk noted that the school district changed its policy some time ago based on state education law to charge a fee for use of facilities at times when school custodians are not on the premises.

Custodians are at school facilities from 7 a.m. to 11 p.m. Monday through Friday during the school year and until 3 p.m. on weekdays during the summer and on holiday breaks.

"People may think I don't want community groups using Van Detta Stadium but that's not the case," Burk said. "I think there is a double standard if they're allowed to use it for free if others are being charged a fee."

Burk runs a nonprofit dance studio that uses school facilities and must pay a fee. He said the Genesee Symphony Orchester and the Rotary Club, among others, were "forced out" of the school district buildings when the district started charging fees.

Roxanne Choate, chairwoman of the GSO board, confirmed in an email today that the GSO stopped using the high school auditorium because the fee for its use was $500 per concert. The rural districts, in contrast, she said, charge $150. The orchestra does not pay for use of the bandroom for rehearsals since those take place on weeknights during the school year.

Burk reiterated this morning that he isn't seeking a way for the district to collect fees for use of Van Detta. He would rather see no fees charged to any community organization based in Batavia that would like to use school facilities during non-school hours.

"To me, it's a matter of removing the stadium usage fees, then the building usage should fee should also be removed," Burk said.

The Batavian has sought clarity on any such state law from the State Department of Education and has not yet received a response.

The plan presented by Bromley, which was based on conversations with Chris Dailey when he was superintendent and Interim Superintendent Scott Bischoping contemplates three tiers of usage for the stadium.

Local groups, such as the Batavia Bulldawgs, could use it for free -- as they have been so far this year. Section V and the state athletic association would pay a fee sufficient to cover all staff costs for regional and statewide championships and other events. High schools from outside the county would also be able to request use of the facility for special events.

If community groups wanted to use the concession stand and benefit financially from concession sales, they would have to provide the staff and their own food and drink, in their own ice chests, for sale. For regional and state events, the school district would run the concessions with the proceeds going to school fundraisers.

The proposal is pending while district officials research what they can legally do regarding outside use of school facilities.

There should not be any effect, while the decision is pending, on planned events, including an anticipate Section V playoff game for Notre Dame on Oct. 26, nor a state championship tournament for eight-man football.

Press release:

The Genesee County Office for the Aging will, once again, be holding Medicare open enrollment vendor fairs for members of the community.

These vendor fairs will have representation from local Medicare Advantage insurance companies, AARP Supplemental, and EPIC where you can ask questions and change your plan, should you decide to do so.

HIICAP counselors from the Office for the Aging, who specialize in Medicare, will also be available to give you an unbiased look at your options before you speak to a sales agent.

Volunteers will also be available assisting those wishing to sign up for a MyMedicare.gov account.

All vendor fairs run from 10 a.m. until 4 p.m. For questions call (585) 343-1611.

Thursday, Oct. 17th 

• Alabama Fire Hall, 2230 Judge Road, Alabama 

Tuesday, Nov. 5th 

• Our Lady of Mercy Gym, 44 Lake St., Le Roy

Wednesday, Nov. 20th 

• Darien Center Fire Hall, 10537 Alleghany Road, Darien Center

Tuesday, Dec. 3rd 

• First United Methodist Church of Batavia, 8221 Lewiston Road, Batavia

A State Street resident is being charged with burglary and robbery following a reported strong-armed theft of $344.50 from the Days Inn in Batavia.

The robbery occurred at 11:30 p.m., Sunday. A man entered the business, went into an area designated for employees only, confronted an employee, demanded money, and then fought with the employee before fleeing.

The employee was not hurt in the incident.

Through an investigation, police identified a possible suspect but initial attempts to locate him were not successful.

On Monday, the suspect, Thomas P. Moynihan, 44, was spotted near Batavia High School. The schools on State Street were placed on "lockout." That means students remain inside and entry into the building is extremely limited and only permitted through a security checkpoint.

He is charged with burglary, 3rd, robbery, 3rd, petit larceny, and harassment, 2nd.

He was arraigned in Batavia City Court on Tuesday morning. His bail status was not released.

Occasionally, a Batavia High School student completes their graduation requirements out of cycle with the rest of their class and receives their diploma at a Board of Education meeting. That was the case Tuesday night for Hezekia N. Burch.

From the Historic Batavia Cemetery Association:

The Historic Batavia Cemetery Candlelight Ghostwalk on Oct. 26th is a sellout. People may still call 943-5662 and leave their name and phone number if they wish to be placed on a cancellation list.

County health officials are still waiting on details from the federal government on a $1.3 million grant awarded to Genesee County and Orleans County for lead-hazard abatement and reduction in older homes.

At a meeting of the Human Services Committee last week, Paul Pettit, director of the health departments in both counties, said the first he learned that the counties had received the grant was by reading about it in The Batavian.

Since then, he's received a phone call confirming the grant but formal guidelines have not yet been delivered to his office.

"This is a significant amount of funding to come into Genesee County and to Orleans County and it would really help us to help those who don't have the means and the funds potentially to fix the problem," Pettit said in an interview last week.

Pettit's office applied for the grant over the summer.

The grant will enable the health departments to identify housing stock with potential lead hazards and make available grant money to the property owners to remediate the hazard.

"This funding is very important because what it does is, it allows, number one, a potential partnership with the homeowners or rental landlords to be able to fix a problem before a child gets poisoned and have funding available to remediate those homes prior to the poisoning occurring," Pettit said. "So when you look at it from a primary prevention standpoint, that's what we want to do. We want to try to prevent a child from getting poisoned in the first place."

The grants will be available to both homeowners and landlords of residences built prior to 1978 in three of the four census tracks in the City of Batavia and one census track in Albion.

Until the guidelines are in place, Pettit said it's not possible to provide details on how properties will be identified, inspected and what the criteria will be for providing assistance to property owners.

"We're gonna have to stand this program up fairly quickly when we get the formal announcement of the funding," Pettit said.

Health department staff has recently been through training for lead risk-assessment certification, Pettit told the Human Services Committee.

He also told the committee there is legislation pending in Albany that would require landlords with housing built prior to 1978 to receive annual lead-safe certification for their units, unless they made the property lead free, which would mean doing likes like removing trim, replacing windows, installing siding on the outside of the building.

"We do not want to see any child poisoned from lead exposure," Pettit said. "It can lead to developmental delays and other health impacts that could affect them over their entire lives. It's very important to identify and find these hazards early and then protect the children so they're not getting lead poisoning."

Press release:

The City of Batavia Water Deptartment is on location of a water main break at the Intersection of Ellicott Street and Clifton Avenue.

Clifton Avenue will be closed to through traffic. Water may be interrupted on Clifton Avenue, and James, William and Ellicott streets between Otis Street and Clifton Avenue, and Harvester Avenue from Ellicott Place to Ellicott Street.

Please do not attempt to do laundry as water may be discolored due to work being done.

The Blue Devils soccer team has historically faired poorly on artificial turf but Monday, they got a chance to start a new tradition -- one that is now necessary -- by winning their first home game in the new Van Detta Stadium.

Batavia beat Dansville 3-2 behind three goals by Garrick Havens. Two were on penalty kicks and the third was assisted by Andres Mateos.

Batavia took 16 shots on net and Dansville, 14.

Unique to the current roster are three pairs of brothers, all starters.

Watch the video to find out more and click this link to subscribe to our YouTube channel.

I spotted this caterpillar inching over the asphalt of our driveway so I grabbed my macro lens to try and make a picture of him (or her).

Lauren Yvette Smith, 20, of Strauss Road, Lockport, is charged with second-degree assault. At 6 p.m. on Oct. 6, Smith was arrested after an investigation of an assault complaint at Darien Lake Performing Arts Center during the Meek Mill and Future concert. She allegedly punched a female victim in the face and broke her jaw. Smith was arraigned in Darien Town Court then released on her own recognizance. She is due back in Darien Town Court on Oct. 17. The case was handled by Genesee County Sheriff's Deputy Erik Andre, assisted by Deputy Chamoun Nicholas.

Zachary V.D. Seeley, 22, of Lyman Road, Bergen, is charged with: Aggravated criminal contempt; aggravated family offense; and endangering the welfare of a child. On Oct. 6 at 9:24 p.m., following an investigation, Seeley was arrested. He allegedly violated a stay away order of protection and has previously been convicted of first-degree criminal contempt. During the incident at a motel on West Main Street Road in Batavia, Seeley allegedly threw a 16 oz. Dr. Pepper soda pop bottle at a child. Seeley was apprehended at a separate location and arraigned in Town of Batavia Court. He was put in jail on $5,000 cash bail or bond. He is due in Town of Batavia Court on Oct. 21. The case was handled by Genesee County Sheriff's Deputy Nicholas Chamoun, assisted by Deputy Erik Andre.