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A motorcyclist who apparently lost control of his bike on Swamp Road in Byron last Wednesday has died as a result of injuries sustained in the accident.

Thomas Legler, 49, of North Byron Road, Elba, died at Strong Memorial Hospital.

Legler was reportedly wearing a helmet, but it was not a Department of Transportation-approved safety helmet.

Deputies investigating the accident concluded that speed was a factor, but there is no evidence Legler was drinking prior to the accident.

New Today: Clor's Meat Market, 4169 W. Main Street Road, Batavia, NY: Clor's features the finest and freshest selection of meat in town, from strip steaks to a variety of sausages. Clor's also serves launch and dinners from 10 a.m. to 8 p.m. We have $15 gift cards for $7.50.

Kravings, Valu Plaza, W. Main Street, Batavia, NY: Recently opened, it offers soups, salads and sandwiches, fresh and flavorful; Monday through Saturday. We have $10 gift certificates for $5.

Jackson St. Grill, 9 Jackson St., Batavia, NY: If you think a great hamburger is a great treat, then you'll love Jackson St. Grill. We have a $10 gift certificate for $5.

Picasso's Pizza, 419 W. Main St., Batavia, NY: A great variety of pizza, subs and salads -- and try the wings, too. We have three $5 booklets of $1 gift certificates ($15 value) for $7.50. The gift certificates can be used collectively or individually.

Alex's Place, 8322 Park Road, Batavia, NY: People come from all over the region for a fine dining experience at Alex's. It's best known for its ribs, of course, but Alex's seafood is also a favorite of the restaurant's diners. 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.

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

SOLD OUT

Genesee County native Karen Seward, the daughter of Charles and Carol Houseknecht, had an important task pop up this week: Preparing Hudson Valley Community College for a presidential visit.

"The White House was really clear they didn't want us to spend extra resources on the President but to spend those on the students," said Seward (Executive Manager of Physical Plant at HVCC).

But there were some requests like barricades for security, floor plans and additional electrical power. The college is fulfilling these, while also putting its best foot forward.

"I think we're being realistic, don't get me wrong we're really scrubbing and re-painting areas and touching up, but we're not polishing the floors," said Seward.

Seward is a graduate of Oakfield-Alabama High School.

Tom Agosti had quite a Friday.

The Batavia Downs driver was thrown and dragged after the horse he was training broke his bit.

Agosti was taken to Erie County Medical Center for examination.

He returned to the Downs in time for the evening races.

And he he drove home FOUR winners that night.

Agosti suffered some minor scrapes and some back discomfort, but is fine according to Todd Haight, Downs spokesman.

The horse, according to Haight, is fine, too.

Anthony J. Rivera, 25, of 208 Vermont St., #2, Buffalo, and Ilena Carrillo, 27, of the same address, and Damian Rivera-Melendez, 20, of 353 Plymouth Ave., Buffalo, are each charged with a felony count of gang assault in the 2nd degree. The trio allegedly hit a man several times, causing serious injury, following a dispute over cutting in line at Darien Lake Theme Park. The victim was not identified by the Sheriff's Office. The three suspects were jailed on $15,000 bail each.

Janette Sonia Vazquez, 24, of 854 Prospect Ave., Apt. 4, Buffalo is charged with harassment. Vazquez reportedly threatened to stab an employee of Darien Lake Theme Park.

Jody B. Gillet, 48, of 8 Pine Hollow Drive, Batavia, is charged with assault. Gillet allegedly stabbed another person several times. The alleged incident took place at Country Meadows trailer park on Sept. 5. The alleged victim was transported to Strong Memorial Hospital and has since been released. Gillet as jailed on $5,000 bail. The incident was investigated by Deputy Bradley D. Mazur and Investigator Timothy Weis.

Rebecca J. Sando, 44, of 5678 Walkers Corner Road, Elba, is charged with criminal contempt. Sando allegedly approached a woman she was barred from going near.

Sarah J. Emerson, 25, of 15 Ross St., Batavia, is charged with harassment and criminal contempt. Emerson allegedly poured a can of beer on her husband and then allegedly pushed him on his chest and face. Emerson allegedly violated an order of protection. Emerson was jailed on $1,500 bail.

Shandell M. Lissow, 21, of Brookville Road, Alexander, is charged with unauthorized use of a motor vehicle. Lissow allegedly borrowed a car from a friend and then failed to return it as agreed.

Stephen P. Medwid, 52, of 9364 Alexander Road, Alexander, is charged with DWI, DWI with a BAC of .08, failure to take breath test and failure to yield. Medwid was arrested following at traffic stop Friday at 9:29 p.m.

A driver who reportedly rear-ended another car on Route 19 in Le Roy at 10:14 p.m. on Saturday was cited for DWI.

The driver of the other vehicle was transported to Strong Memorial Hospital with a back injury.

Michael S. Dranichak, 47, of 8692 Lake Road, Le Roy, was stopped in the northbound lane of Route 19, just north of West Bergen Road, when his 1993 Ford SUV was struck from behind by a car reportedly driven by Samual Avila-Rijo, 37, of 830 Affinity Road, Rochester.

Avila-Rijo was reportedly driving a 1998 Kia. He was reportedly uninjured in the accident.

There were no passengers in either vehicle.

Deputy Bradly D. Mazur investigated the accident.

A driver on Bank Street Road in Batavia who tried to avoid striking a cat in the roadway Saturday wound up running into a tree instead.

The driver, Justin T. Barrett, 18, of 6855 Pauline St., Byron, was treated at the scene for a minor shoulder injury.

Barrett was headed northbound on Bank Street Road at 6:10 p.m. when he reportedly swerved to avoid the cat. He said he lost control of his 2004 Ford four-door sedan in the gravel shoulder after his car struck a mailbox at 7834 Bank Street Road. The car continued northbound on the shoulder, turning sideways, until it struck a tree.

There were no passengers in the car.

Deputy Bradley D. Mazur handled the investigation.

Traffic tickets were issued to both drivers involved in a two-car, minor-injury accident on Route 5 in Le Roy on Saturday at 3:16 p.m.

One driver is accused of failing to yield right-of-way while the other driver was cited for not properly restraining his children in child-safety seats.

The children, ages 2 and 5, were uninjured.

The accident blocked Route 5 in both directions for nearly a half-hour.

Timothy J. Beaumont, 44, of 103 W. Main St., Le Roy, reportedly drove his 2008 Toyota pick-up from a driveway onto Route 5 just west of the intersection with East Bethany-Le Roy Road.

Jason D. Burk, 36, of 9 North St., Apt. 1, Le Roy, was driving a 1995 Mitsubishi two-door sedan westbound on Route 5 when the car struck Beaumont's pick-up.

Burk reportedly suffered a minor burn on his elbow and was treated at the scene. Also treated at the scene for a minor burn on her face was Laurie J. Brady, 40.

Beaumont had no passengers.

The accident was investigated by Deputy Bradley D. Mazur.

City Fire has been dispatched to 37 Chase Park for an automatic fire alarm activation.

Alexander continues to impress early in the 2009 football season.  Today, the team pushed its record to 2-1 with a dominating 42-17 when over Oakfield-Alabama.

It didn't take long for Alexander to get on the board today. On the third play of the game, Jay Schafer swept left while the Oakfield defense rushed right, giving Schafer open space all the way to the end zone.

The Hornets never closed the deficit.

On its first series, Oakfield was forced to punt, but it was blocked by Alexander's Troy Shelunt.

A few plays later, Lucas Czechowski scored on a pass and Shelunt crossed the goal line on a two-point conversion.

On the first play from scrimage in the second quarter, Alexander pushed the score to 21-0 with a pass to Stephen George.

During the second quarter, Oakfield got on the board with a field goal.

After the score, Oakfield attempted an on-side kick, but Alexander recovered on its own 40-yard line. Schafer carried it into the end zone on the next play.

When Oakfield got the ball back, Matt Smith fumbled, allowing the Trojans to mount another scoring drive.

On the subsequent kickoff, Oakfield's Matt Smith returned the kick for a TD, making the score 36-10.

On the next series, Oakfield forced Alexander to punt, but Brandon Topocrczky stripped the ball from the Oakfield returner and Alexander recovered the ball.

In the fourth quarter, Oakfield managed another TD on a rush by Matt Osmancickli, putting the score at 36-17.

Oakfield started to move the ball on the next series, but a fumble gave Alexander the ball back on its own 2-yard line. Alexander drove back down the field until Schafer scored again, making the score 42-17.

After the game, Schafer said, "It felt good to win because we haven't beaten them in a long time. We'll be taking it to Holley next week because they run the same type offense."

Oakfield's coach, Brian Palone told his team after the game "Don't get down.  Stay positive. We need to get better - and we will."

Alexander's coach said his team will work on "finishing the game."  He said they played well in the first three quarters.

First responders are requesting an immediate response of tow trucks to an accident on Route 5 at East Bethany-Leroy Road in Le Roy.

The cars involved are blocking traffic in both directions.

No serious injuries were reported as a result of the accident.

UPDATE 3:54 p.m.: Route 5 reopened.

We were awoken at approximately 8:25 a.m. by a large boom that rattled our windows. A neighbor heard it, too.

A neighbor called dispatch.

A Batavia Police officer checked out the areas around Maple and Evans, including checking all the transformers in the area.

A few weeks ago, there was a report of a large boom in Attica and it turned out to be an earthquake.  I've checked the USGS site and so far no reports of any seismic activity.

Did you hear or feel anything?

It was a tough night for the Batavia Blue Devils in Victor.

A Victor team that executed well on both sides of the ball held Batavia scoreless through four quarters while running up a 40-0 tally.

Batavia could never really get anything going on offense, while the Victor team (also nicknamed the Blue Devils) were able to both run and catch through most of the night.

Victor also benefited from four turnovers.

Coach Dan Geiger said after the game it was a tough, tough loss for his team, but that they will be ready to get right back to work preparing for the next game. He said as always, Batavia has tough schedule, but that's no excuse. Each game, he said, the Blue Devils are ready to snap on their chin straps and fight to win.

The Victor team (now 3-0) scored on its first possession on a 30-yard pass from Richie Chute to Matt Koval.

On the next position, after an interception, Josh Maves scored on a one-yard run.

Batavia was down 14-0 as the first quarter ended. Victor added 13 more points in the second quarter on a Sean Hackel 3-yard run and on a blocked punt, which Ray Ali recovered in the end zone.

On its first position of the third quarter -- following another Batavia turnover -- Chute hit Connor Kimball on a 38-yard TD strike. Victor's final score came in the fourth quarter when Tommy Wagner punch over a 1-yard TD run.

Batavia drops to 0-3.

(At about 2:30 minutes into the video, Victor is credited with a touchdown. I've watched several times, and I don't see how the RB got within a half yard of the goal line. See what you think.)

This is a good news, bad news sort of thing:  The good news, Wal-Mart won't open in Le Roy until 2012. The bad news is, the mega-conglomerate still plans to open.

WBTA spoke with Le Roy Town Supervisor Tim McCulley, who learned of the delay after a conversation with Wal-Mart.

The store was originally slated to open by this Christmas.

Wal-Mart has otherwise cut back on openings during the economic downturn.

Fighting 29th reproduces this graph from the Center on Budget and Policy Priorities, which shows the 31 percent of the state's budget for 2009 covered by federal stimulus funds.

New York predicted that without changes to its revenue structure or spending programs, available funds in fiscal year 2010 (the 12-month period beginning April 1, 2009) would fall about $17.9 billion or 26 percent short of what was needed to balance the budget. In addition, New York’s FY2009 budget was projected to be short $2.2 billion due to declining revenues and rising costs.

The federal recovery law is providing New York $6.2 billion in federal funding that it is using to help close its budget gap. This includes $5 billion in additional federal Medicaid funding, $876 million in education-related State Fiscal Stabilization Fund money, and $274 million from the “government services” component of the State Fiscal Stabilization Fund.

Dispatcher: "Please respond to (didn't catch street). We have a report of a boxer standing in the middle of the road."

Patrol unit: "A K-9 or like a Muhammad Ali?"

"A K-9."

Relative to our discussions recently about dairy farms is this chart showing the decline in food-dollar share going to farmers since 1950.

As Daily Yonder points out, some of the decline is due to the increase the amount of money people now spend eating out rather than at home. While eating out doesn't mean farmers make less, per se, it does mean the overall amount of dollars spent on food has increased, with a good portion going to the mark-up of restaurants.  (Sadly for social capital, much of the increase has gone to fast-food chains, where people are generally less social than in the corner diner.)

Now, there has been some relief for consumers recently, with grocery prices dropping as much as 25 percent on some items, but that doesn't necessarily spell relief for farmers.

There are numerous problems facing farmers, from the rise of conglomerate buyers (decreased competition) to price discovery structures that may not fit with modern technology and communication.

Still, this chart backs up something Steve Hawley told me two days ago: Farmers he knows are getting the same price for their products that he got when he was a hog- and cash-crop farmer 30 years ago.

Meanwhile, all of the costs associated with running a farm has continued to go up, from labor to fuel and fertilizer and insurance.

Farmers are in a tough spot and now we have China threatening a trade war over chickens and tires.

A lot of these problems seem inter-related, from high government spending driving up taxes, to the purpose of anti-trust law being turned from its original intent, which was to ensure small-business competition. The law has morphed into ensuring that consumers get the cheapest price at Wal-Mart, thus fueling the rise of conglomerates and pushing U.S. jobs overseas in search of super-cheap labor.

This isn't a problem the government can necessarily fix for us. Consumers need to be smarter about how they flex their purchasing power, spending more money with locally owned businesses and avoiding big-box conglomerate retailers as much as possible.

Especially, buy locally produced food as much as possible.

New York's apple growers have won approval to provide cleaned, sliced and bagged apples to area schools.

The USDA has eased restrictions on what "processed food" means for the purpose of distributing locally grown agriculture products to local school children.

Sen. Kirsten Gillibrand, in a press release this morning, said she lobbied the USDA for the change.

“We have to let our farmers do what they do best, and that’s deliver fresh fruits and vegetable to local communities,” said Senator Gillibrand.  “New York farmers produce some of the highest quality, fresh produce in the country. The Farm Bill was supposed to make it easier for farmers to sell produce directly to New York schools, and this USDA ruling will finally ensure that our students will have healthy New York produce and our farmers can earn the extra income that comes from providing value-added products such as pre-cut apples. During difficult economic times, we need this new market to create jobs.”

Full press release after the jump:

Washington, DC – After leading the fight on behalf of New York farmers, U.S. Senator Kirsten Gillibrand secured a commitment from the U.S. Department of Agriculture (USDA) that will allow New York farmers to process fresh, locally grown fruits and vegetables for children to snack on in New York schools.  In February, Senator Gillibrand sent a letter to Agriculture Secretary Tom Vilsack requesting that he change an administrative rule barring local farmers from delivering pre-cut and packaged fruit and vegetables to schoolchildren.  This week, on a phone call with the USDA Deputy Secretary Kathleen Merrigan, Senator Gillibrand received a commitment that the USDA will reverse this interpretation and open up the Fresh Fruits and Vegetables Program to allow local farmers to participate.

“We have to let our farmers do what they do best, and that’s deliver fresh fruits and vegetable to local communities,” said Senator Gillibrand.  “New York farmers produce some of the highest quality, fresh produce in the country. The Farm Bill was supposed to make it easier for farmers to sell produce directly to New York schools, and this USDA ruling will finally ensure that our students will have healthy New York produce and our farmers can earn the extra income that comes from providing value-added products such as pre-cut apples. During difficult economic times, we need this new market to create jobs.”

State Senator Darrel J. Aubertine, D-Cape Vincent, chair of the New York State Senate's Agriculture Committee said, “When we make local food available in our schools, our children get the freshest and finest produce available. We asked Secretary Villsack and the USDA to review this because the enforcement of de minimis handling had been contrary to what the bill’s authors and all of us in the farm community were looking for. I’m pleased to see that they are reviewing this and that New York farmers will have the opportunity to provide fresh snacks for our school children.”

“City Harvest is pleased to learn that the USDA is taking another look at the language in the Farm Bill around de minimis processing, so that items like sliced fresh apples from New York State farms can be part of healthy school lunches.  Organizations that care about hunger and nutrition in New York City, and who care about improving school meals, have been asking for this change for some time,” said Jilly Stephens, Executive Director of City Harvest.

The Fresh Fruits and Vegetables Program in the 2008 Farm Bill authorizes schools to buy local produce that has not been processed for students to eat outside of school cafeteria programs. This program operates best when this local produce has been washed, sliced and bagged, since it is eaten outside of the lunchroom. Until now, the USDA interpretation of what it means for local produce to be considered “processed” has prevented local farms from participating.

In the Farm Bill’s Joint Explanatory Statement, the authors of the bill said the term “unprocessed” should not be taken literally, but rather “logically implemented” to allow the preparation necessary to deliver farm products “to a  school food authority in a usable form.”

In February, Senator Gillibrand teamed up with New York State Senator Aubertine, to ask the USDA to “…remain mindful of the vitality and value of New York's farms, the health of our school children, and the positive benefits of promoting local agriculture.”

In their letter, Senator Gillibrand and State Senator Aubertine stated that Farm to Fork programs create wealth and lead to increased employment through agriculture, “creating a ripple effect that strengthens our struggling rural communities. Additionally, locally grown and distributed food is likely to be fresher and more nutritious, a key to fighting childhood public health problems from obesity to diabetes.”