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Farm Bureau visits Albany to oppose bill that would increase costs

By Howard B. Owens

Farm Bureau President Dean Norton tells the Watertown Daily Times that a bill that would raise farm worker wages isn't necessary and will do more harm than good, for farmers and workers.

"If passed, this bill would put our industry into a major tailspin and wreck the already struggling upstate and Long Island economy," said Dean Norton, President of New York Farm Bureau and a Batavia dairy farmer.

Mr. Norton spoke at a press conference in Albany on Monday afternoon.

"The tragic irony of the situation is that the sponsors are primarily from New York City or urban areas, and most of them have never been on a farm," Mr. Norton said. "If the bill's sponsors spent some time understanding the issue, talking to farmers and farm workers, they would know that the bill doesn't actually benefit the worker."

The bill is scheduled for an Assembly floor vote this week and could increase farm costs by $200 million per year.

Sen. Catharine M. Young is critical of the legislative leadership for letting the bill get this far, because if it goes to a floor vote, there may be hard-to-resist pressure on many members to support it.

Sen. Catharine M. Young, R-Olean, said, "The only way to stop it is for it never to come to the floor for a vote."

She is the ranking minority member on the Agriculture Committee. She called the Times and criticized Sen. Aubertine for not quashing the bill in committee by talking to Majority Leader Malcolm A. Smith. Mr. Aubertine, however, is not on the committee that will send the bill to the floor.

She said union special interests are driving the bill.

"If it is allowed to come to the floor, people are going to have to be held accountable," she said. "There's a chance it will pass and it will be devastating for the upstate economy."

The Farm Bureau argues that the bill, besides being burdensome, is unnecessary:

Among other provisions, the omnibus bill would also allow farm workers to unionize, mandate one day off per week for farm workers, call on farms to provide unemployment insurance, workers compensation and disability insurance for injuries off the job.

According to the Farm Bureau, farm workers already have stronger protections in the state than under federal law. Medium- and large-sized farms already provide unemployment insurance. All farms follow a state sanitary code for migrant and seasonal housing that is stricter than the federal code.

Farms provide free housing, transportation and utilities for their workers. New York is one of two states with a housing program for farm workers. Farm employees also have work agreements for the type of work, wages, work hours, pay period, benefits and vacation and other arrangements.

Assemblyman Steve Hawley opposes the bill and posted a column alerting the public to the pending legislation last week.

Pictured above are Hawley and members of the Farm Bureau. The picture was submitted this morning by Hawley's office.

UPDATE: Additional coverage from the D&C, which quotes a proponent of the bill:

"We deserve to have a day of rest, to be paid overtime and to join a union if we choose — just like anyone else," farm worker Salvador Solis said in a news release from the Justice for Farmworkers group, which is pushing the bill.

Police Beat: Two arrested at Coldplay concert

By Howard B. Owens

There were two arrests at the Coldplay concert last night at Darien Lake, according to a report released by the Sheriff's Office.

Matthew J. Norstrand, 24, of Le Roy, was arrested for allegedly possessing marijuana and smoking a pipe containing marijuana. Norstrand was ejected from the concert and told not to return. Later, Norstrand was reportedly spotted back inside the concert venue. He was arrested again and charged with trespass.

Daniel Norstrand, 53, of Le Roy, was charged with criminal trespass after allegedly jumping a fence and entering the backstage area.

Also from the Sheriff's Office:

Christopher Stewart, 40, of Avon, is charged with criminal contempt. He allegedly called and spoke with a person he has been ordered not to contact.

Consolidation would save money and not increase taxes, committee reports

By Howard B. Owens

A united Batavia will clearly lead to cost savings now and in the future consultant Charles Zettek, Jr. told a join meeting of the Batavia City Council and Batavia Town Board this evening.

The immediate savings, conservatively speaking is $943,000, with additional annual savings in future years, said Zettek, VP of Government Management Services.

"There will be no negative impact on the property tax burdens (for residents of both the town and the city)," Zettek said.

Tonight's meeting was designed to present the consolidation committee's report, titled "A Vision of One Batavia," to elected officials from both agencies.

While the meeting was open to the public, questions and discussion were restricted to elected officials and committee members.

The 15 page report will be released on the Web to the public tomorrow along with all the supporting documents, such as spreadsheets comparing city and town expenses and revenues.

A large portion of the "cost savings" actually comes in the form of additional revenue from the state to reward government agencies consolidating services.

That $790,000 per year is would be a perpetual grant annual grant to the new consolidated government. 

There would be additional savings from efficiencies gained by the consolidation, even though no current jobs would be eliminated.  Work force would be reduced over the first five years of the new government through attrition and retirement.

Insuring there is no negative impact on taxpayers is achieved by creating a three-tiered system of taxes and spending that would prevent the town, for example, from being burdened by city debt or the expense of fully funded police and fire operations.

In the new system, Tier 1 would cover the consolidated region, both city and town. Tier 2 would be the current city and Tier 3 would be the current town.

Tier 1 would pay for and receive services and government agencies that serve both parts of the new jurisdiction equally, such as public works and city/town administration.

Tier 2 would pay for and receive the services currently received by city residents, such as police and fire protection and garbage collection. Tier 2 taxpayers would also shoulder the burden of the city's existing debt until it was paid off.

Tier 3 would continue to receive fire protection from the volunteer fire departments and police protection from the Sheriff's Office.  Taxes would not be increased in Tier 3 to pay for Tier 2 services or debt.

As for whether the new jurisdiction would be a city or a town, that's yet to be decided, but Lynn Freeaman said the committee saw more advantages, both in cost savings and grants from the state, in forming a new city government rather than a town.

Audio:

UPDATE: I forgot to include: There will be two public meetings where residents can weigh in and ask questions. One June 18 and one June 30, both at 7 p.m.  One will be at Town Hall, one at City Hall, though which one on which date has yet to be determined. Also if it looks like turn out will be sufficient, one will be at Batavia High School.  Since there are many details to flesh out, and options to be considered, public input is an important part of the process.

UPDATE: Here's WIVB's coverage:

Pavilion superintendent earning $183K

By Howard B. Owens

WBTA Reports: Pavilion Central School Superintendent Edward Orman earns $183,000 per year.

That makes him the 4th highest paid school administrator in WNY, even though Pavilion, with 900 students, is among the smallest districts in the region.

Pondering life in a united Batavia

By Howard B. Owens

Tonight the City and Town of Batavia Consolidation Committee releases a report to the community summarizing its work so far.

We'll get to find out what the committee thinks of the idea, but given the title, "A Vision for One Batavia," we can deduce the outlook is rosy.

We'll probably be presented with spreadsheets and pie charts and improved work flows that tell us it all makes dollars and sense.  Somehow it's going to save taxpayers money and lead to a more responsive and efficient government.

But when you strip away the columns of numbers and rows categories, I wonder if anybody will have taken the time to ask one basic question: What unintended consequences might we face as a consolidated government?

Bringing the city and town together is a monumental move. It's going to have impacts beyond what any facts and figures can show us. How do we think through how things might change, and are those changes we want? (I'm not, btw, afraid of change nor necessarily consolidation -- just asking the question.)

What are the intangibles that can't be measured and how will they be different?  Will the new government be able to quickly mobilize along the lines of a single vision, and will that vision be good for local business and people who cherish small town values, or will there be an aim to just get bigger?

Which vision of Batavia will be stronger, the one of a locally owned downtown or a chain-driven Veteran's Memorial Drive?

What values do the two governments embody now and how are they different and how are they the same and how will they change?

Will some segments of either the city or town feel like its needs aren't being met?

How will land use change, government services, support of civic life?

There's no doubt that the committee is full of people with the best of intentions, but what about the unintentions? Will these be studied, too?

Nobody thought about the law of unintended consequences when the north side of Main Street was demolished to make way for a mall that people don't use much.  Let's not just consider consolidation as a matter of pure fiscal responsibility -- because it may turn out to be very responsible -- let's consider, too, its social and civic impacts.

The meeting is tonight at 7 p.m. at Batavia Town Hall, 3833 W. Main Street Road.

The study committee presenting the report: Lynn Freeman, Sally Kuzon, Steven Lockwood, Beverly Mancuso, Jason Molino, Steven Mountain and Jeffrey Scott.

GC fire departments respond to Akron fire that destroys two barns

By Howard B. Owens

Four volunteer fire departments from Genesee County helped battle a blaze that destroyed two barns in Akron yesterday about 2:20 p.m.

Responding where Alabama, East Pembroke, Darien and Corfu.

Both barns were completely destroyed, along with their contents, which included tools, equipment and a Dodge van, according to a Sheriff's Office report.

The fire was discovered by Olivia Swendsen as she was tending her goats. It's believe egg incubator lights ignited the blaze.

It's possible the barns and some of the content was not insured, according to the report.

Police Beat: Darien man accused of sex with teen-age boy

By Howard B. Owens

Elijah, E. Albano, 28, of Darien Center (pictured), is accused of befriending a 15-year-old male, with the relationship turning sexual from October 2008 to May 2009. Albano is also suspected of providing alcohol and cigarettes to the minor. He is charged with a felony criminal sexual act in the third degree and endangering the welfare of a child and unlawfully dealing with a child, both misdemeanors. Albano was arraigned in Clarence and remanded to the Erie County Holding Center on $25,000 bail.

Brandon Rindell, of Corfu, allegedly called his girlfriend on a phone while she was at Daddio's Pub and threatened to go to the bar and stab her.  A short time later, the woman reportedly saw Rindell walking toward the bar and called Corfu Police.  Officer Daniel Zlotek responded and encountered Rindell outside the bar. Zlotek reported that Rindell appeared drunk and he had a knife in his pocket. Rindell is charged with menacing, aggravated harassment and resisting arrest.

Travis Johnson, 22, of Darien, is accused of hosting an under-age drinking party last night. He is charged with unlawfully dealing with a child.

Eric C. Garrett, 29, of Batavia, is charged with criminal contempt and trespass for allegedly entering the porch area of a female acquaintance's residence that he was barred from going near. He is being held on $2,500 bail.

Ranzenhofer hosting town hall meeting on state budget

By Howard B. Owens

It's unclear from the press release what Sen. Mike Ranzenhofer plans to accomplish with his Town Hall Meeting at the Old Court House on Saturday, but he wants to discuss the state budget with any local residents who have something to say or want to learn more.

The starts at noon.

“I voted NO on the State budget earlier this year because it eliminates the STAR rebate check program, increases spending by $12 Billion and imposes $2,400 in new costs for an average middle-class family.  With Western New Yorkers already struggling to cope with the national recession and hardworking families struggling to balance their own household budgets, the out-of-control spending and unnecessary tax and fee increases included in the State Budget could not have come at a worse time,” said Senator Ranzenhofer.

The budget is already passed, but at least Ranzenhofer is making himself easily accessible to voters.

Full press release after the jump:

Senator Michael H. Ranzenhofer has announced a Town Hall Meeting for Saturday, June 6 at Noon at the Genesee County Legislature, 7 Main Street in Batavia.  The Town Hall Meeting will give residents an opportunity to discuss the 2009 State Budget with Senator Ranzenhofer. 

“I voted NO on the State budget earlier this year because it eliminates the STAR rebate check program, increases spending by $12 Billion and imposes $2,400 in new costs for an average middle-class family.  With Western New Yorkers already struggling to cope with the national recession and hardworking families struggling to balance their own household budgets, the out-of-control spending and unnecessary tax and fee increases included in the State Budget could not have come at a worse time,” said Senator Ranzenhofer.

Senator Ranzenhofer expressed his commitment to open, transparent State government.

“The 2009 State Budget was crafted in secret by three New York City legislators with no input from the public or upstate lawmakers.  This past year’s budget process has been the most secretive in New York State’s history. Residents of the 61st Senate District deserve an open discussion with their elected officials regarding these important matters.  By working together, I am confident that we can protect hardworking taxpayers, restore fiscal responsibility to Albany and get our State headed back in the right direction again.  I strongly encourage residents to attend the Town Hall Meeting next Saturday.”

The Town Hall Meeting is free and open to the public.  For more information, please contact Senator Ranzenhofer’s District Office by phone at (716) 631-8695.

Senator Ranzenhofer was elected to the New York State Senate in 2008.  He represents the 61st State Senate District which includes part of the city of Tonawanda, the Towns of Amherst, Clarence, Newstead and Tonawanda in Erie County and all of Genesee County.

Deals of the Day: The Mane Attraction, Herbly Wonderful, Adam Miller and South Main Country Gifts

By Howard B. Owens

This morning: A bonanza of two $25 gift certificates $12.50 each and two $20 gift certificates fro $10 each from local businesses (plus $1 PayPal service fee on each).

Leading off: The Mane Attraction Spa & Salon at 99 E. Main St.  The Mane Attraction is a charming business full of friendly staff ready to provide hair styling, pedicures, manicures and massages. This is a $20 gift certificate for $10 (plus $10 service fee).

Next, the always popular Adam Miller Toy & Bicycles, 8 Center St.  Adam Miller is just fun and well worth a visit any time. This is a $25 gift certificate for $12.50 (plus $1 service fee).

Then, Herbly Wonderful, 3701 Pearl Street Road (Route 33). Herbly Wonderful is as wonderful as the name implies, with a great selection of herbs, teas and other natural wonders. This is a $25 gift certificate for $12.50 (plus $1 service fee).

Finally, for today, South Main Country Gifts, 3356 S. Main Street Road.  South Main is one of the most charming country gift stores you will come across. Located in a quite country setting, the store is open on Saturday's and Sundays and makes for a nice outing for shopping. This is a $20 gift certificate for $10 (plus $1 service fee).

Rules: The gift certificate must be used by within 30 days of purchase. It is not valid with other offers and has no cash value.  People who have won a certificate in the past 30 days are not eligible to win a certificate from the same business as before.  By state law, gift certificates cannot be used for alcohol purchase.

How to Win: Purchase using the PayPal "Buy Now" button below. After the first person to hit the "buy now" button completes the purchase, PayPal will let you know that the item has been sold. Ideally, the winner will arrange to stop by my office on Main Street before 5:00 p.m. (today or tomorrow) to pick up gift certificate. Mail is an option, but it would be better to hand you the gift certificate. 

If you want to be notified via e-mail of future Deals of the Day, sign up for the Deals of the Day e-mail list by clicking here.

Merchants: If you would like your business featured in Deal of the Day, call Howard Owens at 260-6970.

The Mane Attraction

sold

Adam Miller

SOLD

 

Herbly Wonderful

SOLD

South Main

SOLD

The journey is complete: We live in Batavia now

By Howard B. Owens

Here's how I found Batavia:

My first week on the job with my previous employer was September 2006. I was living in a hotel in Fairport. Billie was in Bakersfield getting our household ready for packing and shipping 3,000 miles north east. As a Californian, I grew roses. One of my biggest worries when we decided to move to the Rochester area was whether I could grow roses in a much colder climate.

Somehow, I found out about a master gardener event and plant sale at the Cornell Extension in Batavia. I had no idea, really, how far Batavia was from Fairport, but I thought I would drive out so I could talk with a few gardeners in the region, and maybe find a rosarian or two.

I faithfully followed the GPS-provided route down the Thruway onto Oak Street and left onto Main.

As soon as I hit downtown, I was charmed by the city. It would be hard to explain why.  I'd lived most of my life in metropolitian areas, but was always most attracted to their smaller communities.  I once published a weekly newspaper in San Diego's Ocean Beach, and loved the small town vibe of those few dozen city blocks.  I like towns with a sense of place

To me, Batavia seemed like a town with a real community behind it. Batavia wasn't overrun by chains (I didn't make it out to the Veteran's Memorial Drive that day). There were plenty of small businesses downtown and the old buildings, especially the churches and Masonic Temple, told me there was some history to Batavia.

Of course, I didn't know all about the Mall (to the degree I noticed it, I remember thinking, 'that's unfortunate'), I hadn't read Bill Kauffman's Dispatches from the Muckdog Gazette, I didn't know about the Holland Land Office, or John Gardner, or the Muckdogs or Mancuso's business incubator. I just liked the town.

I headed back to Fairport after my visit at the extension -- where I learned it would be a bit more work to grow roses in WNY, though not impossible -- but I didn't forget Batavia.

On the long drive back, I thought, too bad it's so far from our office. I would like to live there.

When we started discussions at my company about 18 months later about incubating an online-only community news site, the first place that came to mind was Batavia.  It was about the right size of town, had a strong local business base and was close enough that I could be directly involved in the Web site.

So, I put the plan together and got approval to launch The Batavian.

The more time I spent here, the more I learned about the community, the more I got to know people, the more I wanted to live here.

I kept trying to think through scenarios where my job could evolve into something that would allow me to live in Batavia and run The Batavian full time, but none of the options seemed particularly realistic.

Then, one day, in late February, quite unexpectedly, it all fell in my lap.  The Batavian was mine, if I wanted it. Billie and I talked it over, and we decided to take the leap.

So, here we are. We have our furniture and our clothes as well as our dog and three cats in a small townhouse on Maple Street.

It's a quite morning. We can hear the birds and quiet ruffle of the wind through the trees. And Billie and I are both struck by what we can't hear: the persistent hum of freeway traffic. It's been at least 20 years since either of us lived out of ear shot of a major highway.

We think we will like it here.

Christian welcomes Radley to the 7th District legislative race

By Howard B. Owens

Press Release from Rosemary Christian, who is running for the County Legislature in the 7th District:

I welcome Bob Radley to the race and look forward to the challenge.  I publicly declared my candidacy  back in April because I believe that its long  past time to bring more balance to the county legislature and because I can  be a force for greater oversight and increased transparency.  I've already  been fund raising and getting out to listen to the voters and have been in  full campaign mode for awhile, so its good to finally know who my challenger  is.  The voters in the 7th District can expect a vigorous race and I look  forward to seeing many of you as I walk through the district in the coming  months.

I believe that its time to elect a legislator who's first concern is to  serve the interests of the District voters.  And I believe that all the  voters know I'm someone who's always ready to speak up for them and stand by  them.

Rosemary Christian

Former Oakfield-Alabama band director charged with sexual abuse

By Howard B. Owens

Kerry Hoffman, age 27, of Bergen, the former band director of Oakfield-Alabama High School has been arrested and charged with sexual abuse in the third degree.

Hoffman is accused of abusing a female student.

Besides the five misdemeanor counts of sexual abuse, Hoffman is charged with one count of endangering the welfare of a child and one count of official misconduct.

WBTA's Dan Fischer spoke with Oakfield-Alabama Superintendent Christopher Todd, who said Hoffman voluntarily resigned when the allegations surfaced in March. Todd said parents in the district were immediately notified of the allegations.  School officials became involved when information came forward that raised concerns about Hoffman's conduct with the student.

Juvenile Officer J.K. Dehm of the Sheriff's Office said in a release, "During a period from February 2009 to March 2009 Kerry Hoffman acted in a manner likely to be harmful to a child less than seventeen years old."

Hoffman was arraigned in the Town of Oakfield by Justice Graham and released under supervision.

Former school board member Radley gets GOP nod for District 7

By Howard B. Owens

Robert Radley, an engineer who previously served on the Batavia School Board, will be the GOP candidate for District 6 7 of the County Legislature, according to WBTA.

The county Republicans have yet to select a candidate for District 7, Radley will be a candidate for the seat now held by John Hodgins, who is retiring at the end of his current term.

Also getting GOP backing are incumbents Don Read for County Clerk and Lawrence Friedman for District Attorney.

Of 105 Genesee County GOP committee members, 78 attended the endorsement meeting last night.
 

Deals of the Day: Fine Dining Friday - Alex's and Larry's

By Howard B. Owens

Always popular, always good: Alex's Place and Larry's Steakhouse.

We have one gift certificate for each fine restaurant worth $50 each, on sale for HALF OFF -- that's $25 each. (plus a $1 PayPal service fee)

Alex's Place, of course, is a legendary restaurant in these parts. It's on Park Road, just down the street from Batavia Downs. The ribs are famous and of course Alex's always gets high marks for its seafood.

Larry's is on Main Street, right downtown, and with the patio now open, you can relax with a beer or cocktail in the sunshine before enjoying one of the best steaks around.

Rules: The gift certificate must be used by within 30 days of purchase. It is not valid with other offers and has no cash value.  People who have won a certificate in the past 30 days are not eligible to win a certificate from the same business as before.  By state law, gift certificates cannot be used for alcohol purchase.

How to Win: Purchase using the PayPal "Buy Now" button below. After the first person to hit the "buy now" button completes the purchase, PayPal will let you know that the item has been sold. Ideally, the winner will arrange to stop by my office on Main Street before 5:00 p.m. (today or tomorrow) to pick up gift certificate. Mail is an option, but it would be better to hand you the gift certificate. 

If you want to be notified via e-mail of future Deals of the Day, sign up for the Deals of the Day e-mail list by clicking here.

Merchants: If you would like your business featured in Deal of the Day, call Howard Owens at 260-6970.

Larry's Steakhouse

SOLD

Alex's Place

SOLD

Police Beat: Driver accused of resisting arrest after refusing breath test

By Howard B. Owens

Paul G. Grazioplene, 43, of Batavia, faces charges of a felony DWI, resisting arrest and leaving the scene of a property damage accident following an alleged incident on Cedar Street about 9:25 last night. Grazioplene allegedly stuck a vehicle on Cedar and then drove off. A resident followed his car and notified police. Grazioplene was apparently still in his vehicle parked outside of his home when he was found by police. Grazioplene allegedly refused to take a breath test. He reportedly has a prior DWI arrest within the past 10 years. He was jailed without bail.

Jill L. Briska, 20, of Batavia faces a DWI charge following a minor traffic accident this morning about 1 at 100 W. Main St. Briska was issued an appearance ticket and released.

State recertifies 40 Genesee County companies for Empire Zone tax breaks

By Howard B. Owens

Some 40 companies in Genesee County that receive Empire Zone tax breaks seem to be doing what the program intends -- create jobs -- according to a press release from Empire State Development.

But many others across New York are not, so today authorities notified about 1,600 companies that they are likely to be decertified.

No Genesee County companies made the "bad" list. Three companies are apparently being asked to supply more information.

For more on the new site law and the letters, check this Democrat and Chronicle story.

Here's the list of Genesee County companies who were notified they will retain certification:

Paramount Computing Associates, LLC
Altamar New York, Inc.
Tompkins Trust Company
Precon Thermoforming, LLC
PCore Electric Company, Inc.
Pioneer Credit Recovery, Inc.
Delagrange Properties
Vantage Equipment, LLC
Lapp Insulators, LLC
LeRoy Plastics, Inc.
Fontrick Door, Inc.
K2 Plastics, Inc.
C.H. Wright Distributing Corp.
Wright Associates, L.P.
Summit Lubricants, Inc.
Liberty Pumps, Inc.
Icon Design, LLC
Automotive Corp, Inc.
Prime Materials Corp.
Regency Hospitality, Inc.
Chapin International, Inc.
Oxford Hospitality, LLC
ProTech Automation, LLC
United Parcel Service
Tompkins Insurance Agencies, Inc.
Duro-Shed, Inc.
Oxbo International Corp.
Yancey's Fancy, Inc.
Provitello, LLC
Paul Marshall Produce, Inc.
Ad Tech-Graph, Inc.
K-2 Industries, Inc. d/b/a Pavilion Gift Co.
O-AT-KA Milk Products Cooperative, Inc.
Wellsville Carpet Town, Inc.
Brothers International Food Corp.
Allied Building Solutions, LLC
Traco Manufacturing, Inc.
Highway Safety Devices International Corp.
Graham Corp.
Pyramid Prosthetics, Inc.

The following three companies have been asked for more information:

Millwork Solutions, Inc.
Genesee Gateway Development, LLC
Pembroke Park Development, LLC

Here are the three lists for the whole state in PDF format:

Already in jail, alleged drug dealer gets new charges

By Howard B. Owens

Already in jail on unspecified chargers, Christopher J. Wiegman, 20, of Bergen, was arrested today for allegedly dealing drugs.

Wiegman reportedly sold crack cocaine and prescription pills to under cover agents of the Local Drug Task force in late 2008.

The alleged sale came while agents were investigating the sale of crack cocaine and pills in both the City of Batavia and Bergen.

Wiegman was charged with two felony counts of possession of a controlled substance. He is being held without bail.

Medina pastor who helped stop runaway tractor on Main Street tells his story

By Howard B. Owens

Pastor Rod Klinzing of Medina doesn't want anybody making a big deal over his heroics Tuesday when his efforts may have helped saved the lives of two people trapped inside of a car being pushed sideways by a tractor down Main Street.

He's slightly embarrassed that his wife Janice contacted The Batavian Wednesday afternoon, saying, "I am  so terribly proud of my husband who did what seemed right.  And it was right.."  (Because of my travels, I had no time to interview Rod until this evening).

Klinzing was the first to jump on the tractor and try smashing his way through the window.

"We heard a terrible noise with car horns going off and we had no idea what was going on until the tractor drove right in front of us pushing the car along and we could see inside two people still in the car and they were just panic stricken and absolutely helpless," Klinzing said.

(LISTEN: Full audio interview)

The pastor said he then ran up to the to get the attention of the driver, Neil Phelps, saying, "I thought perhaps he just didn't know."

"I came to realize he wasn't responding," Klinzing said. "He wasn't responding to me and he wasn't responding to anybody else who was yelling and screaming."

When he realized that eventually the trapped car would either be turned over or pushed into a stopped car ahead, Klinzing said he had to act. The tractor wasn't moving that fast, so he decided he could jump aboard.

"Pounding on the window didn't seem to do anything," Klinzing said. "The door was secured from the inside and I couldn't open it, and I just tried to get his attention. He looked at me in kind of a very dazed state. No emotion whatsoever and just kept on driving."

That went on for what seemed like a while, Klinzing said, so he decided to try and make eye contact to get the driver's attention.

"He did and that's when I made a motion pointing at the key, 'turn it off, turn it off,'" Klinzing said. "I was pleased that he actually responded to that. My pounding on the window, he didn't respond to at all.  I made that motion. He turned it off. He sat back, and that was basically the end of the story"

Klingzing said another man did jump on the tractor and start pounding on the window, probably Jerry Newell, but Klinzing said he told the man the pounding was ineffective.

"He probably has a pretty sore hand at this point because he smacked it pretty hard," Klinzing said.

Klinzing said at the end two police officers did jump on the vehicle and managed to gain entry from the other side of the tractor cab.

While people worked to extract Gene Laney and his passenger from the car stuck in front of the tractor, Klinzing said he said next to the cab and made sure the driver didn't turn the tractor back on, and then he left the scene.

Batavia Police Chief Randy Baker told WBTA yesterday that the two officers who assisted at the scene were Chris Camp and Matthew Baldwin.

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