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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.”

Genesee County continues to do a bit better than the rest of the state, and the nation, on employment.

The unemployment rate for the county dropped to 6.9 percent in August, down from 7 percent in July.

New York's jobless rate hit 9 percent, however, the highest level in 26 years.

Sharon M. Burns, 20, 14 Parkwood Road, Hilton, is charged with petit larceny. Burns is accused of shoplifting several items from Target.

A 16-year-old was arrested by State Police at Alexander Middle School, 3314 Buffalo St., Alexander. The youth is from East Bethany. He was arrested Wednesday about 12:30 p.m.  He was issued an appearance ticket. No further details are available.

Kyle Washington, 19, of Lake Road, Pavilion, is charged with assault. He is accused of punching another man in the face Saturday during an argument on Clay Street. The man reportedly suffered a broken jaw. Washington was jailed on $1,500 bail.

Being a police officer is a tough job. You take a lot of crap, put yourself in perilous situations regularly and can put in long hours sometimes.

But it's also an exceptionally rewarding job. You get to do a lot of good for your community and help people lead better, safer, more productive lives.

There will be a civil service exam on Nov. 14 for a position with the Batavia Police Department. Applicants must register by Oct. 14

Starting salary is about $34,000.

For more information, including qualifications, visit the County's Human Resource page for the exam.

A fire early Thursday morning that killed Gary Horner, 58, was the result of careless smoking, fire investigators said this morning.

Horner died of carbon monoxide poisoning, according to Lt. Jay Steinbrenner, of the Batavia Fire Department.

The fire was reported about 3 a.m. Friday at 5 Dellinger Ave. when a passerby heard a smoke detector and smelled smoke.

Horner lived in a second floor apartment. The four occupants of the lower apartment were safely evacuated.

Belladessa's Pizzeria, 9 Jackson St., Batavia, N.Y.: Here's a deal -- half off on a Family Meal Deal from Belladessa's, which is a large 1 topping pizza, 24 wings and 2-liter bottle of soda. It's a $25 value for $12.50.

Settler's Restaurant, 353 W. Main St., Batavia, N.Y.: 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.

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

Alex's Place, 8322 Park Road, Batavia, N.Y.: 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.

Sport of Kings Family Restaurant, 419 W Main St., Batavia, N.Y.: A favorite locally owned family restaurant that is open 24 hours per day, seven days a week. We have a $15 gift card for $7.50.

Main St. Pizza Company, 206 E. Main St., Batavia, N.Y.: Pizza, wings, subs and even hamburgers and hot dogs, Main St. Pizza makes everything deliciously. We have a $15 gift certificate for $7.50.

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

SOLD OUT

An automatic general fire alarm has been tripped at Batavia Middle School, 96 Ross St.

Engine 12 is responding.

UPDATE 7:47 a.m.: There was a problem with a relief valve on a water tank. All clear.

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Byron and Chris Ariyaratnam were all smiles this evening when I stopped by the location of their new business, Great Kutz, in Valu Plaza on West Main Street. Byron was busy training the new staff, who will be ready to start cutting hair in the morning.

Chris and Byron are partners in The Mane Attraction, and Byron is a partner in Mr. Wine and Liquor. They're the kind of local entrepreneurs Batavia needs. And they are proof that there are plenty of business people who believe in Batavia and are willing to invest both their money and their effort in building a sustainable Batavia business community.

A tractor trailer is on its side on Route 20 just west of Route 98 in Alexander.

Deputy on scene says, "If any injury, very minor."

UPDATE: A heavy wrecker has been requested. The trailer reportedly has about 5,000 lbs of cargo.

UPDATE 8:30 p.m.: The trailer is just now upright on the road.

UPDATE: Route 20 reopened about 8:55 p.m.

Lee Petra Sosa, 18, of 8170 Batavia-Stafford Townline Road, Batavia, and a 17-year-old alleged accomplice from Rochester are charged with criminal tampering. Sosa and her associate are accused of entering the Batavia Arrowmart today at 1:32 a.m. and throwing eggs at a store clerk.

Kedrick Ivan Chatman, 18, of 82 Shirley Ave., Buffalo, is charged with petit larceny. Chatman is accused of stealing a magazine from the 48 Deli Express at 8204 Park Road. Chatman was jailed on $300 bail.

Joseph M. Erickson, 38, of 612 Robertson Road, Churchville, is charged with public lewdness. Erickson is accused of masturbating in Target.

Jeanna Marie Hattaway, 22, of 113 Jackson St., Batavia, is charged with petit larceny. Hattaway is accused of removing several pairs of earrings from a display in Target and then leaving the store without paying for the items. Another young woman, who is not identified by age or residence, was arrested with Hattaway.

Statements made by a former Le Roy Fire Department chief can be used at his potential trial on nine counts of misappropriating fund from the department.

Stephen C. Smith, who served four years as chief and four as an assistant chief, was in court today for a pretrial hearing on a motion by his attorney, Thomas Burns, to suppress the statements as improperly obtained.

Judge Robert Noonan ruled that Smith did know he was talking with a police detective during his initial questioning and that once he was placed in custody and asked more questions, he had been read his Miranda warnings.

Smith is accused of misusing a department credit card, putting a personal cell phone on the department's mobile phone account and filling his personal vehicle with department gas.

The charges filed against Smith:

• Tampering with public records in the first degree: Smith is accused of altering an invoice for $896.49.
• Tampering with public records in first degree: Smith is accused of creating a false receipt in the amount of $390.
• Defrauding the government: Smith is accused of unlawful use of a government credit card, placing a personal cell phone on the account of the Le Roy Fire District, filing fraudulent records and stealing gasoline.
• Forgery in the second degree: Smith is accused of altering an invoice for $896.49.
• Forgery in the second degree: Smith is accused of creating a false receipt in the amount of $390.
• Falsifying business records in the first degree: Smith is accused of creating a false receipt in the amount of $390 in order to get the fire district to pay for personal purchases.
• Falsifying business records in the first degree: Smith is accused of altering an invoice for $896.49 in order to get the fire district to pay for personal purchases.
• Grand larceny in the fourth degree:  Smith is accused of unlawful use of a government credit card, placing a personal cell phone on the account of the Le Roy Fire District, filing fraudulent records and stealing gasoline.
• Official misconduct: Smith is accused of unlawful use of a government credit card, placing a personal cell phone on the account of the Le Roy Fire District, filing fraudulent records and stealing gasoline.

UPDATE: The victim has been identified by Batavia Police as Gary Horner, 58.

Original post:

Officials are still trying to contact the family of a man killed in a 3 a.m. fire on Dellinger Avenue.

His name has not yet been officially released.

The initial call of the fire came in at 3:08 a.m. when a passerby reported hearing firm alarms and could smell smoke.

Firefighters arrived at 5 Dellinger Ave. at 3:10 a.m.

Firefighters performed an initial search of the second floor apartment and found a male occupant in the bedroom.  He had apparently succumbed to injuries by the time he was found.

Four occupants of the lower apartment were evacuated safely.

WBTA interviewed one of the lower apartment residents, Ella Morrison (MP3).

The building is owned by David Ferry of Buffalo.

The fire caused an estimated $15,000 damage to the building and $5,000 damage to contents.

The cause remains under investigation.

Photo courtesy The Batavian's news partner, WBTA.

Previously:  Man dies in fire on Dellinger Avenue

UPDATE: We are aware that another news organization has reported the name of the victim. It is the policy of The Batavian, as well as our news partner WBTA, not to release the names of victims of fatal fires and accidents until authorities have confirmed that next-of-kin have been notified.

A Batavia teenager who admitted to raping a 15-year-old girl in his home on Feb. 16 is fortunate he can't receive a lengthier prison sentence than he received today, according to District Attorney Lawrence Friedman.

Friedman told Judge Robert Noonan prior to the sentencing of Oliver Thomas, 17, that the DA's office accepted a plea to rape in the third degree only after Thomas' friends lied about the incident and if the case went to trial, the People would have been relying primarily on the testimony of the victim.

After Thomas plead guilty to rape in the third degree, during the Genesee Justice probation investigation, Thomas admitted that he did in fact forcibly rape the girl.

Thomas was originally charged with rape in the first degree.

"He is very fortunate that he saved his admission until after his plea," Friedman said. "We would never have given him the plea and he would be facing a lengthy mandatory determinant sentence."

Judge Noonan agreed that he likely would have given Thomas the maximum sentence for what he described as a "very violent felony" against a "very young victim."

Thomas received an indeterminate sentence (meaning he can receive credit for good behavior and showing he's been rehabilitated) of one-and-a-third to four years in state prison.

Center Street Smoke House, 20 Center St., Batavia, N.Y.: Ribs, brisket, steak, prime rib -- Center Street is a meat lover's paradise. We have a $25 gift card for $12.50.

The Enchanted Florist, 202 E. Main St., Batavia, N.Y.: Brighten up your home or office with flowers!  We have a $20 gift certificate for $8.50.

Blue Pearl Yoga, 200 E. Main St., Batavia, N.Y.: Exercise your soul as well as your body in a friendly and relaxing atmosphere. We have a gift certificate for a seven-week Pilates session (one class per week), which is a value of $56, for $28.

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

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

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

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

SOLD OUT

One man is dead after a fire and smoke swept through a second-floor apartment bedroom early this morning on Dellinger Avenue.

A passing motorist called 9-1-1 after hearing the smoke detectors at about 3:00 a.m.

The name of the victim has not yet been released.

No other people were in the apartment.

The occupants of the first-floor apartment escaped safely.

The last fatal fire in the City was three years ago yesterday.

Further details coming soon.

There's something out of whack with the market for dairy products -- the price of production continues to go up, while the price dairy farmers get for their milk remains at historic lows, but for the rest of us -- us consumers -- we're paying just as much as ever for milk and cheese.

Somebody's making a lot of money off the hard work of Genesee County's dairies, but it's not the farmers nor their workers.

In fact, some of them are facing the devastating loss of their businesses.

"The price of milk since January has been very low, to the point that we’re going to lose about $300,000," said Le Roy dairy farmer Dale Stein during a dairy rally at his farm called by Assemblyman Steve Hawley. "We anticipated through September that it would be low, but the price has still not come back up in September and now they’re looking at March, so we’re borrowing another large set of money to get through until March. The problem is now, there are many farmers who can’t get any more credit due to the large size of their loss. We’re able to borrow money, but we’re here today because of so many farmers who can’t."

Hawley and Assemblyman Cliff Crouch (R,I-Guilford) are calling on Gov. David Paterson to release more than $150 million in state funds (half this year and half next) to assist the state's family-owned dairy farmers. They're also calling on Washington lawmakers to change the price-setting mechanism and supports for dairy products.

Crouch believes the money should come either from unspent funds from around the state or from federal stimulus money, but state officials are saying the federal government won't allow ARRA money to be used to help dairy farmers.

"I think where there's a will there's a way," Crouch said. "We've seen different incidents where stimulus money has gone out and we've really raised our eyebrows and can't understand why it got spent in that direction. And here's an industry that's here and it's going to be closing down if we don't do something to help it. For every dollar that's spent on a New York dairy farm, between $3 and $7 goes back into the local economy. If that isn't economic stimulus, than I don't know what is."

Recently, ARRA money went to a Catholic charity in Buffalo, and Gov. Paterson also authorized a $200 payment per child for needy families to help with school supplies, using ARRA funds.

Crouch said that it's time for Gov. Paterson to step up and offer assistance to the state's dairy farmers -- even if it's not the $75 million they seek this year, Paterson should at least be in Washington lobbying for his state's dairy farmers.

Photos: Top, Dale Stein speaks during the rally. Bottom, Lori Hawkins, an unemployed milker, showed up at the rally to let it be known she is looking for dairy work.

A man with multiple felony convictions who is accused of breaking into a State Street home and stealing several items while an elderly woman slept, won't get out on bail or bond any time soon.

Judge Robert Noonan denied a defense request to release Reginald M. Wilson, of 283 Seneca Manor Drive, Rochester, on $10,000 bond.

Wilson's sister was apparently ready to post bond, using her house as collateral.

"You're asking me to presume that a defendant facing a life-in-prison sentence because he's a persistent felon would care about his sister's $10,000?" Noonan said.

At which point, Wilson sat up straight in his chair and said, "Yes."

"That's a stretch," Noonan said, and Wilson slumped back in his chair.

Noonan noted that Wilson has 30 prior arrests, 12 convictions and 6 felonies on his record.

Two of his convictions led to state prison time, which means a third such felony conviction -- which Wilson is facing now -- means a life sentence.