Brandon C. Dodd, 22, currently an inmate of Genesee County Jail, was charged with a felony count of first-degree promoting prison contraband Monday, Genesee County sheriff's deputies said. Dodd is accused of possessing a disposable lighter in the jail where is currently incarcerated.

Genesee County Jail, Sheriff Gary Maha explained by e-mail today, is a non-smoking facility. As a result of that, lighters are banned and considered dangerous because of the potential to start a fire.

Kevin Bartz, 32, of Corfu, was charged with two counts of endangering the welfare of a child Monday, sheriff's deputies said. He is accused of pushing an 11-year-old boy on January 31 and kicking a 9-year-old girl on an earlier date.

In the New York Times this morning, we read this of President Obama's appearance last night at a White House news conference:

The news conference was the centerpiece of an intense and highly orchestrated campaign by the administration to wrest control of the stimulus debate from Republicans and reframe it on Mr. Obama’s terms.

Did he succeed? Was it what he needed to do?

Batavia's City Council voted in favor of a measure last night that would use $425,000 to "design work for a half dozen" infrastructure projects, WBTA's Dan Fischer reports. That investment of $425,000 is supposed to yield $4.5 million worth of construction, on projects such as: undersized water mains, waterline break history, inoperable valves, sanitary sewer line conditions and road conditions.

Fischer explains that the $425,000 would be part of the aid received by the city from the Video Lottery Terminal Aid that was received earlier this year.

Councilman Frank Ferrando is quoted in the Daily News this morning as saying: "If we can get $4.5 million to get jobs that we have to do and can get it for an investment of $425,000, I think we have to do it,” he said. “There’s going to be a lot of money out there."

No one, however, explains how any of this would work. In fact, rather than explaining it, the article today in the Daily has only this to say:

It is a gamble. Assistant Manager Sally Kuzon said there’s no guarantee of the city actually getting the money from the state Economic Facility Corp. But spending $425,000 to design those six projects is a move toward it, she said.

It's a gamble!? So the city plans to gamble with gambling money. A little irony, perhaps. Furthermore, where did the state Economic Facility Corp. come from? No one is explaining this to us, folks. All we hear is Frank Ferrando saying: 'Hey, we can turn $425,000 into $4.5 million. Poof! We're rich and we have jobs. How can we not do this?'

What everyone has failed to note is that the hoped-for millions that would magically be available if only the city spent this $425,000 are part of the proposed economic stimulus package that just last night was the subject of a national news conference.

From a letter drafted by Assistant City Manager Sally Kuzon:

I have been monitoring the progress of the President's proposed Economic Stimulus Package over the last several weeks in an attempt to place the city in a competitive position to receive funding for infrastructure improvements.

Kuzon goes on to say that while there has been "tremendous debate" over just what will happen with the stimulus, she believes that "infrastructure improvements nationwide will have a prominent position within this initiative." In other words, the city should get it on it. We should submit "shovel ready projects" to the state's Economic Facility Corp., which will adminster the federal funds allocated to New York.

She continues:

Although there is a certain amount of uncertainty as to whether or not the programs will include loans or grants or whether the program will extend to projects not currently listed on the (Intended Use Plan); it is clear that only shovel ready projects submitted to the EFC will be considered for the current or future funding rounds. Based on this premise, I am recommending several projects for Council to consider submitting tothe EFC for economic stimulus funding.

We mentioned some of those projects above. The $425,000 requested by Kuzon would be used to design the projects and submit the designs to the state so that they would be eligible to receive the funding if and when it became available. However...

It is unknown at this time if the design phase or only construction cost will be eligible for reimbursement. If for some reason the city does not receive economic stimulus funding the projects will be designed and ready for construction as funds or grants become available in the future.

In a letter drafted to the City Council on Kuzon's proposal, City Manager Jason Molino writes: "The crux of this stimulus package is to get people back to work receiving pay checks; with $4,500,000 of infrastructure improvements that goal will be acheived."

Nowhere does anyone explain how these infrastructure improvements will acheive the goal of "getting people back to work." Kuzon never once takes up this issue in her letter, and nothing from Council addresses this either. We only hear people tell us: It will happen.

Molino justifies this use of these funds in this way:

Utilizing a portion of this years (sic) VLT aid to support the project design costs is both appropriate and realistic considering the City did not budget for this one-time revenue and these costs are one-time capital costs.

Council President Charlie Mallow can be heard in an audio quote on WBTA as saying that Batavia needs to do this. Otherwise, the jobs will go to New York City. He wrote to us in an e-mail this morning:

The action council took last night was about job creation right here in Genesee County, instead of New York City. Regardless of how we feel about the spending on the national level, we owe it to our residents to secure our share of this huge stimulus package. We are all going to pay for it whether we have enough foresight to act or not on a local level.

We're waiting to hear back on how this will create jobs. See below.

Click here to download the letters by Molino and Kuzon, along with descriptions of the infrastructure projects noted in the proposal.

Councilmen Sam Barone and Bob Bialkowski were the only two members of Council who voted against the measure, saying that the state aid could be used instead to reduce the city's deficit or for "future needs."

Updated (8:28 a.m.): Council President Charlie Mallow responded to our question of how this stimulus money would create jobs.

Any aid we receive needs to be spent on projects that are shovel ready and can break ground in 180 days. That means putting people to work this summer. Local construction workers would be the first ones to work or to keep on working. Then there is the trickle down affect with people who work driving trucks, making concrete, selling building supplies, laying pipe, and even restaurants the workers, etc. We as a local government decided to do what we needed to do so that our people would feel the benefits of these make work projects that will be going on around the country. I believe this depression era type projects will boost our economy up and out of the slump we find ourselves in.
 
If fully funded, these projects will rebuild parts of 11 streets in the city this year. These projects are for sewer, water, road surface and sidewalks, and most call for complete reconstruction. This work will be on top of the work being done on Walnut, Oak and the $150,000 of sidewalk repair already budgeted this year. There will be a lot of activity going on this summer to rebuild the city from the ground up.

Update (8:35 a.m.): A very timely headline in the Buffalo News this morning reads: New York loses millions in revised Senate stimulus bill. From the article:

Gone entirely is funding for higher education construction, which, under the House-passed version, could have meant up to $242 million for the University at Buffalo.

Similarly, the Senate eliminated funding for school construction. The House bill would have provided $31.9 million for the district of Rep. Brian Higgins, D-Buffalo.

Senators also halved a $79 billion fiscal stabilization fund for the states. While much of the aid to local school districts remains intact, the cuts included a $25 billion fund aimed at helping governors balance their budgets.

Will we see even more funds cut from the stimulus by the time it is passed?

It was senior night in Batavia, and Marcus Hoy wasn't going to miss it.

The senior point guard was extremely ill with the flu all weekend and was hit-and-miss for Monday night's game against Brighton. But he managed to make it into school and then scored five points while handing out six assists helping the Blue Devils to a 63-49 win over the Barons.

 Hoy did not feel well during the game or after, but helped Batavia play some of its best defense of the season. The Blue Devils held Brighton to just five points in the first quarter and seven in the second.

The game was a blowout very early on as Batavia took an 11-2 advantage after the first six minutes of play. The defense was in the face of every Brighton shooter and the Blue Devils were physical in the paint, despite the small size, in that opening stretch.

Joe Schlossel, Marcus Hoy, Kris Bartz and Dakota Irvin all hit 2-pointers and Andrew Hoy drained a 3-pointer. Josh Budlong had a basket and Irvin added a pair of free throws to cap off the opening period.

Andrew Hoy got hot early in the second period and scored seven of his game-high 16 points in leading the charge to a 28-8 lead. The lead was a whopping 20 points at the break, with Batavia leading 32-12.

Marcus Hoy opened up the second half with a 3-pointer, then played sparingly the rest of the way.

Batavia did let up a bit in the third quarter, just finishing with a 20-18 edge, but the defense was back in the fourth quarter as the Blue Devils held Brighton to nine points.

Andrew Hoy also had seven rebounds, four assists and four steals to go with his 16 points and Schlossel pitched in 11 points and five boards.

Irvin added eight points.

Jawanza Longmire had 11 points for the Barons.

Batavia improves to 15-2 and is currently the No. 2 seed in the Class A2 playoffs. The Blue Devils have one more regular season game on Friday and then will be playing in the Monroe County Tournament, then sectionals.

Many of us been have wondering about the fate of the Pontillo's restaurant in Batavia ever since the doors closed in November, followed soon after by the news that the business owes more than $112,000 in back state taxes. Few could argue that they had one of the best lunch buffets around.

Owner Sam Pontillo has been assuring people all along that the restaurant would open up again... soon... even if he had to find some other location in the city to do it. Initially, Sam told the Daily News that the restaurant was closing down for renovations and would re-open in a couple weeks. Of course, that didn't come to pass, and in the latest article in the Daily, he's quoted as saying: "people will be able to get a Pontillo's pizza in Batavia by April 1."

Sam's brother John Pontillo spoke with us by phone this afternoon. John is currently living and working at a country club in Minnesota, where he has been since his unceremonious dismissal from the family business by his two brothers, Sam and Paul, around this time last year.

Most of you will recognize the name John from what you have read in the Daily's coverage. Most recently, for example, Sam spoke of John when he told Joanne Beck that he "had to pay the tab of his brothers' neglect."

"They left an unpaid tab. Once again, I'm footing the bill," he said Thursday.

Those taxes were the responsibility of siblings John and Paul, who ran the Batavia Pontillo's Pizza & Pasta until Sam Pontillo closed it in early November, Sam said. He bought his current Le Roy Pontillo's site in 2007.

In every article in the Daily News, John has been accused by his brother Sam of being responsible for "neglecting" the finances and failing to pay the taxes for the business in Batavia. Sam also told the newspaper that he had no foreknowledge of the unpaid taxes.

That's just not true, John told us today. Sam knew about the tax problems all along, and this wasn't the first time that it happened, he said.

Back in 2006, both restaurants, in LeRoy and Batavia, were cited by the state for owing back taxes in excess of $350,000. At that time, Sam was in charge of all the operations, says John. "He was president of both locations."

Later on in 2006, it was decided that the Batavia and LeRoy locations would be incorporated seperately as Sam's Tomato Pies and LeRoy Dough Boys, respectively. On the articles of incorporation for the LeRoy restaurant, Sam is listed as owner and as president. His brother Paul is listed as secretary. As for the Batavia restaurant, Sam's mother, Elizabeth, is listed as owner, Sam as secretary and Paul as president.

John is nowhere named as an officer of either company. He insists that he was only ever a paid employee like everyone else who worked there. That he was fired so precipitously last February only attests to that.

"They say that it happened on my watch," said John. "I was never an officer of the company. I was just an hourly employee. That's all I ever was."

John could not comment in detail due to the pending litigation between the brothers to determine who will take over the Batavia restaurant. They are also waiting to execute the will of their mother, Elizabeth, which could help decide some of the details of who owns the rights to the name: Pontillo's.

John did say, however, that the brothers need to move fast to come to an agreement, because the mortgage company, which has not been paid since Novemeber, could foreclose on the property by the end of the month.

Friday night's rising air termerature and  warm  winds created a two inch layer of slush on the mantle of ice at Silver Lake in Wyoming County. Considering its early February, the conditions may have played a role in the number of ice-fishermen who turnout Saturday morning. Nonetheless, there were a few hardy individuals refused to be denied a day on the ice.

 Shortly after daybreak Saturday hard-water anglers were set up on the south end of the lake adjacent Macks Bait and Tackle. Maybe a dozen or more ice fishermen – and women – were scattered across the frozen expanse amid pop-up ice huts.   

As we were walking out onto the ice, we met a pair of ice-fishermen who had decided to call it a day. Tony and Tom Loor, of Niagara Falls, have been fishing Silver Lake for decades, both through the ice and in the open-water season. On this day the brothers were rewarded with a catch of 30 panfish, mostly bluegills and sunfish taken on mousie grubs. The Loors also fish the lake in warm weather as well. “We’ll be back in the spring,” said Tom, noting the warming trend. “Come spring we’ll be working this area by boat.” As they do in open water season, the Loors concentrated their ice-fishing along the east shoreline.     

 Despite the thawing conditions there was still a thick mantle of ice and everyone seemed to be having a good time. Some were jigging for panfish – bluegills, sunfish and perch. Others were intently watching tip-ups, hoping for northern pike, or maybe a walleye. Some, like Ron Skelly, employed both methods.

 A Perry resident Skelly, kept his children Abigail 10 and Ryan, 8, busy jigging mousies and wax worms while he rigged tip-ups with shiners. Their strategy paid off as evidenced by a bucket of hand-sized bluegills and a few plump sunfish. The shiner-baited tip-ups resulted in pair of decent northern pike, as evidenced by the photo.

When I asked if he had seen anyone take any really big northerns, the elder Skelly replied, “No, but when I took a peek through my Aqua-view I saw a fish under the ice about this big,” he said, stretching out his arms. He said the big pike never eyed his bait, but kept swimming.   

 For updates on ice conditions contact Mack’s Boat Livery at 585-237-5983 or email at fmalone@macksboatlivery.com  

Kenneth Herrmann, along with several of his students from SUNY Brockport, are part of a film on post-war Vietnam that will air at an upcoming festival in Beijing. That film, Going Back, is about "three vets who returned to Vietnam to do humanitarian work," including Herrmann, who is from East Pembroke.

From VietnamNet:

The film includes interviews with Herrmann and in-depth coverage of the Brockport students who are filmed saving the life of a very sick and disabled child, serving lepers at the leper colony in Da Nang Province, assisting the elderly in a nursing home, and engaging 30 disabled kids at a respite programme for Agent Orange disabled children.

The theme, says Herrmann, is one of enhanced Buddhism - making peace with yourself in order to make peace with the war.

"Herrmann's work differs from that of others in that he engages in direct aid," said Steven Emmanuel, the film's producer and a professor of philosophy at Virginia Wesleyan University. "He and his students form a personal connection with the people they serve. We tried to show this in the film."

The schedule for the Genesee Region League/Niagara-Orleans League Showdown has just been announced in a press release from Notre Dame coach and GR chairman Mike Rapone.

This is the first year for the event and it will be played on Friday, Feb. 13 and Saturday, Feb. 14 at Genesee Community College.

 The Genesee Region and the Niagara – Orleans boys basketball leagues are having a pre-sectional showdown matching the 8 teams from the N-O against 8 teams from the GR. The teams were seeded by their league records as of Feb. 4. GR teams not participating are Holley, Notre dame and Wheatland-Chili because the N-O only has 8 league members. The purpose of the event is to provide athletes with the experience of playing an unfamiliar opponent at a neutral site prior to sectionals. For some players, this event will provide an opportunity they may never have because their teams wont make it to sectional semi-finals. 

Matchups for GR vs N-O Showdown:

Fri. Feb. 13  6:30 (#4)  Newfane vs Elba

  8:00( #2)  Medina vs Kendall

Sat Feb. 14   11:00(#8)  Roy-Hart vs Lyndonville

   12:45(#7)  Barker vs Byron-Bergen

     2:30(#6)  CSAT vs Alexander

     4:15(#5)  Albion vs Attica

     6:00(#3)   Wilson vs Pembroke

     7:45(#1)   Akron vs O-A

From the Office of Rep. Chris Lee:

Congressman Chris Lee (NY-26) today appeared at the Rochester Federal Building to announce that he has sent a letter to House Speaker Nancy Pelosi (D-CA) calling for action on bipartisan legislation to stop the automatic pay raise members of Congress are scheduled to receive next year. The lawmaker says foregoing the pay increase would help make Washington more accountable to Western New York taxpayers.

“After a month in Congress, I have seen firsthand the critical need for openness and accountability in Washington,” Congressman Lee said. “During these tough economic times, when workers are foregoing wage increases to keep their jobs, Congress should not grant itself a pay raise. Washington should do more with less, just as Western New Yorkers always have.”
 
On his first day in office, Congressman Lee became a co-sponsor of H.R. 156, the Stop the Congressional Pay Raise Act, which would block the pay raise Members of Congress are scheduled to automatically receive next year. H.R. 156, which is sponsored by Congressman Harry Mitchell (D-AZ), has gained more than 100 Republican and Democrat co-sponsors, and is endorsed by leading taxpayer and government watchdog groups. The legislation is currently pending in the House Administration and Oversight & Government Reform committees. (Click HERE to read statements from leading taxpayer and government watchdog groups on the Stop the Congressional Pay Raise Act.)

Congressman Lee added, “Before Congress, my experience was solely in the private sector. When tough times came, we fought to save jobs and did not accept pay raises. This is an opportunity for Washington to set a similar example for public officials in every level of government.”

Click here to download the letter Lee sent to House Speaker Pelosi.

Seaman's Hardware is Genesee County's oldest family owned business. I spent some time yesterday just browsing through the store and reliving my past. I remembered the many times I went with my Dad to the local Hardware store when I was little. I’d wander the isles just looking at all the things on the shelves and wondering what I could build with them. My Dad is a pretty handy guy, he did everything at home himself. He built a house, barns and sheds. He did plumbing, electric, roofing and mason work. I learned a lot from him, mainly that I prefer to write a check when my house needs repair. (I never was as good at it as he was).

I spoke with Jim Seaman about the history of the Hardware store. He said he is fourth or fifth generation. The reason for this is he can’t find any receipts from Charles. He has the paper trail for Ezra, Web, Gail and himself. Since he doesn’t have any paper evidence of Charles and the sales from the wagon he considers it a fourth generation business. What an enormous accomplishment to keep a family business a float for 134 years. Surviving the Great Depression and who knows how many recessions. Keeping a business in the family through two World Wars and numerous other ones. Just being able to operate any business in this State is remarkable. To keep one this long and under the same name is astonishing. While I was there customers came in one after the other. After every sale Jim came from behind the counter and asked every one how could he help them. Every person was given the same personal attention and guidance towards what they needed. As I walked around and looked at every shelf I was amazed about the shear variety of items they had. Everything from power tools to P-traps to canning pots to ping-pong balls. With my son being a new Scout I picked him up a compass and a pocket knife (he starts working on his whittling badge this week). Even though the store may not appear very large, they seemed to have anything you would expect at real Hardware store.  Through the years he has changed thigs only when his customers wanted it. After all, you don't mess with something that works. Over the years he has added outdoor equipment and tool rentals, maybe a few other things. But he has always stayed true to the old time true Hardware store. If you need it, he's probably got it.

I asked Jim what his theory on success is, and what has lead his business to such a long history in our County. He said his key has been, find out what customers want and make sure you always have it. He continued, offer them more than just a product at a reasonable price. Make sure you give them service and stand behind it. While I was there a gentleman came in for a special light bulb that he happened to be out of stock on. Instead of saying “I’m out of them” he said “I’ll have one for you tomorrow”. He’s right. That’s the difference between selling to a community and serving one. I encourage everyone to stop in and see Jim the next time you’re on Route 5 in East Pembroke. It’s a great place and the biggest example of why it’s good to shop local. You’ll never get Jim’s kind of service at a box store.  They're located at 2602 Main St in E. Pembroke. Ph# 762-9211.

I received a bunch of e-mails about businesses around the County. I can use a buch more! If you know a business that's been here a long time, let me know and I'll feature them. Send e-mail to:    timpaineforbatavia@yahoo.com  Thanks!

Investigators out of the Rochester division of the FAA will look into the accident at the LeRoy Airport over the weekend, Genesee County sheriff's deputies said. Sixty-one-year-old Peter Bonneau, of Rochester, was landing his single-engine Cessna in LeRoy Friday morning when his plane flipped over the end of the runway.

Bonneau was coming in from the Monroe County Airport on a recreational flight when he attempte to touch down on the runway and wound up sliding off the northern edge and into a snow embankment. From there, the craft continued on in the snow until it slowed and overturned, deputies said. Bonneau was fortunately uninjured.

Batavia's City Council will hold a public hearing tonight at 7 o'clock on the proposed budget for next year. Council has worked the property tax increase down to about 3 1/2 percent according to WBTA's Dan Fischer. Further budget cuts have reduced the increase to 2.17 percent. Water rates are slated for a 4 percent hike. That meeting will be at City Hall.

Shawn R. Goburn, 26, of Williamson, was charged with felony driving while intoxicated Sunday, Genesee County sheriff's deputies said. Goburn was stopped on Route 33 in the town of Bergen for an alleged traffic violating. He was also ticketed with speeding. The charge was a felony because of a prior DWI conviction in 2006.

Amy W. Peters, 36, of Pembroke, was charged with driving while intoxicated Friday, Genesee County sheriff's deputies said. Peters was stopped on Pratt Road in Pembroke for an alleged traffic violation. She was also ticketed with changing lanes unsafely.

The Genesee County Sheriff's office received a phone call at 11:23 this morning from the Le Roy Airport.

A plane slid off the end of the runway and flipped over, according to dispatcher Steve Robinson.

There was one person inside the plane and no injuries were reported. Deputies are still on the scene investigating.

In an article by Tom Rivers on legislators calling for caps on spending, we find this interesting passage about Assemblyman Steve Hawley's musing on secession:

Hawley last month sent a letter to seven universities in the state, asking them to consider the potential political and financial pitfalls of separating upstate from New York City, and creating two different states. The divergent interests of rural upstate and the city of 8 million people makes it difficult to govern the state, and create laws and regulations that work for both regions, Hawley said.

He isn’t necessarily pushing for an upstate-New York City separation, he just wants some facts on the long-simmering issue. He knows many upstaters would like to divorce NYC.

“Can there be a new New York and a New York? I don’t know,” Hawley said. “But it would be foolish to introduce some legislation without knowing the impact.”

He sent letters to universities across the state, from the University at Buffalo to Columbia University in New York City, seeking their help with the study.

Now, secession in New York is an old idea, but that doesn't mean it's a bad idea.  If Hawley's requests for information and studies are answered, the information would certainly be useful. It could be the nail that closes the coffin on talk of breaking apart the state or it could nail a revolutionary manifesto to the door of every town hall in Upstate and Western New York.

Bill Kauffman is expected to have a book out in the spring on secessionist movements in the United States.  Here's an article along those lines from a few months back. Kauffman writes:

Some of the contemporary secessionists are puckish and playful; others are dead serious. Some seek to separate from the main body of a state and add a fifty-first star to the American flag while others wish to leave the United States altogether. Some proposals are so sensible (the division of California into two or three states) that in a just world they would be inevitable; others are so radical (the independent republic of Vermont) as to seem risibly implausible—until you meet the activists and theoreticians preparing these new declarations of independence.

My sense is, that while many in the state outside of The City, are dissatisfied with the direction of government and have a long list of complaints -- from unequal services to high taxes to overregulation -- there's no sense that splitting the state will mend any of the people's grievances.   On the other hand, it contradicts the flow of history to assume that today's boundaries and political alignments will remain indefinitely as insoluble marks on maps .  Somehow, someway, things will change someday.  The question is, will we be  masters of our destiny or victims of historical fate?

The longer we wait to repair the mounting problems confronting New York, the less control we will have over the final outcome.

There are annual reports of sharks attacking surfers, divers and, as of late, the lethal attack of a triathlete-in- training. The following account took place 50 years ago in Southern California waters and helped launch today’s intensive research and in-depth studies in shark behavior. I first read of the attack back in the early-seventies, possibly in “Blue Meridian” or “Blue Water, White Death.” The details in that first account were much the same as in the documented report available today. The major difference being the book claimed the surviving diver was beneath the surface when the Great White first appeared.

In June of 1959, Robert Pamperin and Gerald Lehrer took their girlfriends to the beach at La Jolla Cove, California. The women stayed on the beach while their boyfriends went into the sea in search of abalone, an edible mollusk found in the Pacific. Pamperin, age 33, and Lehrer, age 30 were free diving – using only masks, fins and snorkels. They were without wet suits. The water was estimated between 30 – 40 feet deep. The depth indicates the men were exceptional skin-divers.    

In their quest for abalone the pair slowly drifted apart by 15 meters or more.

Lehrer was near the sea floor when a very large shadow passed at extremely close range, blocking out a good deal of the sunlight filtering down. Looking up, Lehrer saw a huge fish with a white underside. Its large tail sweeping from side to side, the fish kept going, disappearing into a dense stand of kelp. A bit unnerved, Lehrer was making up his mind whether to continue searching for abalone or alert his buddy and head for ashore. Before doing either, he needed air.

After Lehrer shot to the surface, he heard Pamperin shout for help. Thinking his friend might be having a leg cramp he turned in the direction of the shout and saw his companion with his head up and unusually high above the surface, minus his mask. In the next instant, he saw his friend disappear beneath the surface. Lehrer swam quickly toward where he last saw his companion, took a breath and dove. Twisting and turning in a sandy pocket on the bottom, was a large shark, estimated to be 7 meters (approx. 23 ft.) in length.   Pamperin was in the shark’s mouth, his legs not visible, and being violently shaken from side to side. The predator’s large, triangular teeth – firmly clamped around Pamerpin’s torso, told Lehrer the shark was a Great White.   

After surfacing for air, Lehrer reportedly dove again, approached the shark and began waving his arms in a desperate and futile attempt to frighten it off.

Realizing there was nothing he could do, Lehrer swam toward shore. About fifteen yards from the beach he was met by an onlooker who had come to help. William Abitz had been standing on an elevated rocky point overlooking the attack sight. “He (Pamperin) was thrashing his arms and looked to be running from something. Then he went under,” said Abitz.

Within the hour a scuba diver dispatched from nearby Scripp’s Institute of Oceanography combed the sea floor and found no trace of the victim.

Further investigation revealed three events may have aroused the Great White.

Prior to Lehrer’s and Pamperin’s arrival at the cove, several fish had been taken by spearfishermen. Distress signals given off by speared fish may have been an attractant. Secondly, not far from La Jolla Cove was a harbor seal rookery, known prey of Great Whites. Lastly, and perhaps most significant, the previous evening a dead whale had washed up on the beach at La Jolla Shores, about a half-mile away. Currents and winds likely created a natural chum slick or “odor corridor” attracting the shark.        

Is the shark’s notoriety warranted? Do they swim about, endlessly looking to devour anything in their path?  

I’ve seen recent footage where a team of divers – one by one - exited a shark cage and swam among multiple Great Whites. The sharks, ranging in size from fourteen to sixteen feet, made what appeared to be curious, non-aggressive passes. Two of the divers actually placed their hands against the shark’s flanks as the big fish swam past.

Like any wild creature, sharks are unpredictable. And we play the percentages whenever we enter their realm.

Most viewed posts for January:

• City Council officially gets out of the ambulance business, by Philip Anselmo

• Big changes could be coming in NYSPHSAA, by Brian Hillabush

• City poised to scrap county-wide ambulance service, by Philip Anselmo

• Now is the Time to Renew, by Patrick Burk

• Rural Democrats respond to Chris Lee's first week in office, by Philip Anselmo

• Caroline Kennedy reportedly withdrawing from Senate consideration, by Howard Owens

• Inauguration party Tuesday at TF Brown's sponsored by The Batavian, by Howard Owens

• Batavia wrestling coach chimes in on economic changes, by Brian Hillabush

• Consolidation: Five questions... Charlie Mallow, by Philip Anselmo

• Poll: Looking for a good cup of joe..., by Philip Anselmo

If you have a "favorite" post that maybe wasn't one of our most viewed for January, please add it in the comments section. This is a great way for folks to go back and check out what they may have missed.

A third restaurant in 30 days has closed its doors in downtown Batavia. Grugnale's Italian Deli on Jackson Street is shuttered today. A sign on the door states that the deli has closed temporarily while the owners seek out a new location, WBTA's Dan Fischer reports. "The owners there have said they hope to re-open the business," says Fischer.

South Beach on Main Street and Sallome's Deli on Oak Street have also recently closed their doors.

My husband and I are house hunting, and recently we found a house we fell in love with except, it is part of a homeowners association. Now we have been asking friends and family what they know about homeowners associations. Today I heard about this story and am giving second thoughts to being involved in an association.

From the Morning Show with Mike and Juliet:

When their son was deployed to Iraq in October, Terry and Sue Lewton installed a flagpole outside their Loveland, Colo. home to fly the American flag 24 hours a day until his return. Sgt. Jason Lewton is still stationed in Iraq, but his parents’ homeowners association asked them to remove the 20-foot flagpole to maintain “the high standards of the community.” Sue Lewton refuses to remove the flag until her son comes home. The flagpole is not taller than the Lewtons’ home, the flag is kept in respectable condition, and they received no objections when they asked their immediate neighbors before installing the flagpole.

From Genesee Community College:

Helen Keller once said: "Character cannot be developed in ease and quiet. Only through experience of trial and suffering can the soul be strengthened, ambition inspired, and success achieved."

Moses Nhial, a refugee from Sudan and a full-time student at Genesee Community College, has experienced trials and suffering that most Americans can hardly imagine much less endure. Through it all, Moses has overcome adversity to become an ambitious young man, flourishing in an environment very unlike what he experienced growing up.

Genesee Community College is honored to announce Moses Nhial will take the Oath of Allegiance to become a United States citizen on February 12, 2009 in Rochester at the Federal Building. A College Citizenship celebration is planned for February 19 at 1:00 - 2:00 p.m. at the Batavia Campus in the Library Media Room. After much preparation for the Naturalization examination and a childhood replete of hardships, this occasion marks a pinnacle in this young man's life.

Born in 1987 in Sudan, Moses' childhood was filled with attacks on his village and constant fleeing to new refugee camps and other countries to avoid violence and brutality. As a youth, he took refuge in Ethiopia and Kenya with help from the United Nations. While in Ethiopia, he not only encountered the outbreak of another civil war, but his mother, the only family member with him at that time, died of an illness. Moses then relocated to northern Kenya and remained there until 2001, when he came to the United States.

Moses first applied to a refugee program in 1999 and through much diligence he was moved to the U.S. with help from Catholic Charities. He settled into Rochester with a foster family through the Catholic Family Center. He attended Thomas Jefferson High, where he flourished as a remarkable student. During his junior year at Thomas Jefferson, he was voted vice president of the student government and the following year he was voted president. Moses graduated high school in 2007 and started Genesee Community College in 2008.

Moses is now 21 and is no longer with the regional foster program. He lives in College Village, Genesee's campus housing facility, but he frequently visits his foster family for holidays and special events. He is studying General Studies with his favorite subject being History. He plans to one day work in International Relations. He has a work study position in the Library at Genesee and is enjoying his studies and time in College.

"I think my favorite part about Genesee Community College is that all the teachers and staff are really nice," Moses said.

Nina Warren, Director of Library Services at Genesee, first came to know Moses when he applied for a work study position. She and the library staff had learned some things about his life from his resume and through conversations during his first weeks of work. During the last week of October, he requested working Friday instead of his usual Thursday shift because he was scheduled to take the Naturalization tests to become a U.S. citizen.

"We not only willingly agreed, but we were awed by this young man's quiet progression in his life and his immense integrity," Ms. Warren said.

After he took the test and passed, the library staff talked at greater length and learned about Moses' challenging past and inspiring life story. There was also a new collective awareness about the long process required to become a U.S. citizen, and everyone waited with great anticipation for the official letter to arrive with news of Moses' final step-his Oath of Allegiance in downtown Rochester.

"We are all very excited and honored to have Moses working here in the library during this very significant event in his life," Ms. Warren said. "Everyone enjoys working with him because he's smart, calm, polite and enthusiastic about doing a wide range of tasks and projects for the library. His great smile is a perfect match for his patience that serves him well on either busy or slow days, or when assigned tasks by one or even five staff members."

Moses has adjusted to an American way of life and has taken the opportunity to share his life's tragic past with others. In November, he spoke at St. John Fisher College as part of a viewing and discussion for the documentary film, "The Lost Boys of Sudan."

A Citizenship Celebration is planned for February 19 at 1:00 p.m. in the Library Media Room at the Batavia campus. A pre-celebration Media Hour is scheduled from 12:00-1:00 p.m. for reporters or photographers interested in meeting and interviewing Moses. For further information, please contact Nina Warren at 585-343-005 x6256 or at ntwarren@genesee.edu.