A jury convicted a 26-year-old Le Roy man Thursday of a Class B felony that could send him to prison for five to 25 years for getting a teen girl drunk and forcing her into sexual relations.

Alexander J. Kessler, of Myrtle Street, was convicted by unanimous verdict of criminal sexual act, 1st, criminal sexual act, 3rd, sexual abuse, 1st, endangering the welfare of a child and unlawful dealing with a child.

The top count carries a mandatory prison sentence of at least five years.

Sentencing is set for March 5.

Kessler was arrested by Le Roy PD in March and accused of supplying alcohol and marijuana to a girl under age 17 and then subjecting her to sexual contact without her consent and while she was unable to consent.

Assistant District Attorney Kevin Finnell, who tried the case, said the jury found the testimony of the victim both compelling and credible, which was key to winning a conviction.

The trial started Monday and the jury reached a verdict following two and a quarter hours of deliberations.

Philip Clarke McMahon, 72, of Creamery Road, Bergen, is charged with disorderly conduct. McMahon was stopped at 7:59 a.m. in the area of 8097 Clinton St. Road, Bergen, for an alleged traffic violation by Deputy Jason Saile. McMahon is accused of using obscene language in a public place.

Brian Feurimond, 21, of Saint Raymond Avenue, Bronx, is charged with trespass. Feurimond was allegedly found on College Village property after previously being banned from the housing complex.

David Lavelle Andrews, 25, Wood Street, Batavia, is charged with trespass. Andrews is accused of being at College Village after previously being banned from the property.

Russell Ray Miles, 44, of West Main Street Road, Batavia, is charged with a violation of probation. Miles was released from jail on an unrelated matter and taken into custody on a warrant out of Town of Le Roy Court for an alleged violation of probation. He was jailed on $1,000 bail.

Lemar Jerimain Leach, 27, of Central Avenue, Batavia, is charged with aggravated unlicensed operation. Leach was wanted on a bench warrant related to the listed charge. Leach was jailed on $200 bail.

One vehicle is on its roof following a two-car accident at Route 63 and Route 20.

A chief on scene reports two people with minor injuries; one southbound lane is blocked.

Pavilion fire and Mercy EMS responding.

UPDATE 8:29 a.m.: One patient being transported to UMMC with minor injuries.

Two former city firefighters and a state employee who entered guilty pleas earlier this week on an illegal gambling charge and agreed to resign their government jobs will still receive partial state pensions when they reach retirement age.

City Manager Jason Molino confirmed today that Brian Bordinaro and Gregory Phillips, who worked for the city 18 and 17 years respectively, are still covered by the New York State Retirement System.

He said that's state law and there's nothing the city can do about it.

"In New York you get credit for time served and they can't take that away from you," Molino said.

According to the state's retirement system site, tier 4 employees who stop working for a state or local entity before reaching the 20th year of service are eligible for 1/60th of their final annual salary for each year he or she worked.

Using the calculations from the site, 43-year-old Bordinaro, based on his 2012 salary of $62,000, if he waited until age 62 to retire, could receive in the neighborhood of $18,000 a year, or $1,500 per month.

The 39-year-old Phillips, with a 2012 salary of $57,000, could receive approximately $16,000 annually or $1,300 per month.

The salary data comes from See Through New York. The state's retirement system uses a specific formula to calculate the final annual salary, and there are other factors that go into the calculation, so readers should use the figures merely as a gauge meant to provide an idea of the retirement eligibility that is possible.

The third man who participated in the gambling activity, Lance Engel, 41, worked for the state as a cook at the veterans home in Batavia. He is also part of the retirement system, and with 17 yeas of service and a 2012 salary of $45,000 could receive approximately $12,000 annually starting at age 62.

A rollover accident has been reported on Judge Road, Alabama.

Unknown injuries at this time.

Alabama fire and Mercy EMS responding along with Oakfield fire.

UPDATE 6:19 p.m.: One victim is out of the vehicle. Extrication was not required.

UPDATE 7 p.m.: One person being transported to UMMC with complaint of head and arm pain.

Press release:

Congressman-elect Chris Collins (NY-27) will serve on both the Agriculture and Small Business committees in the 113th Congress beginning in January. Collins was appointed to the posts by House leadership. The committee assignments are a natural fit for both Collins’ background as a small business owner and the incredibly important role agriculture plays in New York’s 27th Congressional District.

“These two committee assignments make perfect sense as I look to bring my real-world experience to Washington and represent the needs and concerns of New York’s 27th Congressional District,” Collins said. “Agriculture plays an extremely critical role in this district in terms of both the economy and the way of life for many families.

"Throughout the campaign, I visited with dozens of crop and dairy farmers who shared with me their daily struggles of trying to run efficient, profitable farms despite the regulations and burdensome bureaucracy coming out of Washington. One of my very top goals as a member of Congress will be to help farmers have a legal and reliable labor force by pushing for much needed improvements to our nation’s guest worker program.”

Collins is also eager to put his business and job creation background to use as a member of the House Small Business committee.

“Being a member of Congress may be new to me, but I’ve spent my entire adult life in the small business world,” Collins said. “After a 35-year career in the private sector, I am all too familiar with the hurdles the federal government places in the way of small business owners. Small business is the backbone of our economy and as this country continues to climb out of the devastating recession, the federal government needs to focus on making it easier for small businesses to grow and thrive, instead of harder.”

“In addition to fighting every day for what is best for the hardworking families of NY-27, I look forward to being an advocate and a voice for small business owners and farmers not only in our own community, but all across this country,” Collins said.

Collins has traveled to Washington since being elected last month to participate in new member orientation and other important forums for incoming members of Congress. Collins will take the official oath of office on Jan. 3.

A housing rehabilitation program for moderate to low income homeowners, funded by a community block grant, has been a big success and the city would like to do it again, according to City Manager Jason Molino.

The original plan was to provide rehab assistance to 15 homes in the city with the $400,000 grant, but 19 houses were repaired, according to a report given to the city council on Monday.

"This is part of a bigger effort," Molino said. "Housing rehabilitation is one part of our approach to neighborhood revitalization. While only 19 properties were improved, that's 19 properties that might not otherwise be improved."

The city received 80 inquiries and reviewed 66 applications.

The rehab projects including roof replacement, porch replacement, plumbing and electrical repair and facade improvements.

Individual grants were limited to $24,500, but some homeowners were able to chip in some of their own money and go a bit beyond what the maximum grant would allow.

Jodie Freese administered the program for the city and put out each job to competitive bid. Of the seven contractors selected for work, six were based in Genesee County.

About 96 percent of the $364,522 spent on rehab stayed in the county.

Other costs associated with the program included $14,800 for a lead-based paint consultant and $25,435 for program delivery and administration. The city contributed $4,757 to help cover the costs.

The grant originates with the federal government but is administered by the state's Office of Community Renewal.

"We're very satisfied with the results," Molino said. "It was a great project and hopefully we can do it again in the future."

Photo: Provided by the city of a residence on Hutchins Street.

Town of Batavia residents may be receiving calls from a private company offering the opportunity to purchase water service line coverage.

The sales pitch from the company may be confusing and Town Clerk Teressa M. Morasco said residents should be aware that the company is in no way affiliated with the Town of Batavia.

Genesee ARC, which has provided trash service to the City of Batavia for nearly 30 years, is facing the possible loss of the contract with a city decision to put the trash collection contract out to bid.

Though Genesee ARC is welcome to be among the bidders, as many as three private firms are expect to place bids.

"I think it comes down to the efficiency and effectiveness of the service being provided to the residents," Molino said on WBTA's Main and Center program this morning. "Our approach moving forward with refuse collection -- and it has been -- is how do we continue to divert refuse tonnage from the refuse stream to the recycling stream, and ultimately lowering costs to the residents."

Genesee ARC employs 30 people, including 20 with developmental disabilities, for trash hauling and recycling pick up. The agency is paid $810,000 a year for the service.

The last contract was signed five years ago.

“This is a competitive bid, no different than any other bid for any other service,” Molino said. “If you can provide that service and you can support it and provide the services we’re requesting, then they can continue to provide it.”

Molino also told WBTA he has received virtually no complaints about the service provided by the ARC.

Donna Saskowski, executive director of the ARC, says the trash contract with the city is vital to the agency.

“Mostly because it goes to our mission of employing people with developmental disabilities here locally in our community and it would mean that 20 individuals with developmental disabilities would be unemployed, as well as the staff – all residents of Genesee County – who would become unemployed," Saskowski said.

Molino expects as many as three private companies will submit bids for the trash contract. Saskowski said the ARC is weighing its options.

Saskowski said that even if ARC no longer provides recycling pick up in the city, ARC will certainly try to keep operating its recycling center on West Main Street Road, Town of Batavia.

"Without the city contract it (recycling) would certainly be a diminishment," Saskowski said. "We are dedicated to recycling and we would certainly look for other opportunities."

'Tis the time of giving and Ken Mistler and his wife Andrea are in the spirit. The Mistlers' recently won $200 for winning the downtown window display contest. The display, located inside the former Carr's building was sponsored by both Next Level Fitness and City Slickers Bar & Grill.

"I want to thank the downtown (improvement) district and all the judges for choosing our window." Ken Mistler said. "We know there are families out there having a hard time and we want to be able to give back to them and give them a little something extra this holiday season."

If you know someone that is deserving please e-mail CitySlickersHolidayContest@gmail.com with the name of the person and a brief description of why you think they are deserving. Also be sure to include your contact info as well as their's. You can't nominate yourself.

All nominations must be submitted by Dec. 20th. Winnings will be donated in the form of a Save-A-Lot gift card.

"I'm going to review the nominations  and will decide on the most deserving family or families." Mistler said. "I may give one gift card for the full amount or I may give a few."

Kathy Willard thought her missing black swans were taken by a fox or a coyote when one turned up missing in October and then another on Thanksgiving. After a recent sighting on the Tonawanda Creek near Oliver' s Candies, Willard and her husband, Mark, decided to make the trip from Alexander to Batavia late yesterday to search the area.

Close to dark they spotted the one that had been missing since Thanksgiving.

In eight minutes Willard had it captured and in her car. 

She says the swan recognized her voice and came across the creek quickly to eat. Willard says they like people and will look to stay with other geese and ducks in ponds and creeks.

They don't do well on land and are not very good at walking. This has her nervous about finding two other swans that are still missing.

With winter approaching, many creeks and ponds will freeze over and the black swans will have nowhere safe to hide from predators.

Willard's husband gave her three black swans as an anniversary gift last November. They were purchased from a man in Oakfield who had been raising them. 

They are native to Australia and feed on grass and greens. She says if you spot one leave it alone and contact her at 585-591-2531. She will come by and capture it.

"They know me, and they know my voice," she says.       

Debra Jean Bastiano, 55, of South Main Street Road, Elba, is charged with DWI, driving with a BAC of .08 or greater, speeding (55 in 40 mph zone) and possession or consumption of alcohol in a motor vehicle. Bastiano was stopped at 9:31 p.m. Wednesday on Route 5, Pembroke, by Deputy Patrick Reeves.

Thomas Riley Munger, 18, of Glidden Circle, of Hamlin, is charged with unlawful possession of marijuana. Munger was arrested following a report to College Village security of individuals smoking marijuana in a vehicle on College Village grounds.

Marijuana, both growing and harvested, was allegedly found in the home of two Corfu men Wednesday after members of the Local Drug Enforcement Task Force executed a search warrant at the residence.

Two men were charged with criminal possession of marijuana, a Class D felony.

Jailed on $10,000 bail was Matthew T. Milleville, 26, of Main Road, Corfu, and bail was set at $2,500 for Andrew J. Marlinski, 26, of Main Road, Corfu.

Both men were also charged with a misdemeanor count of unlawful growing of cannabis and Milleville was charged with criminal possession of a controlled substance, 7th.

Investigators report that they found LSD in the residence.

Allegedly found in the residence were more than 30 growing marijuana plants along with harvested marijuana and marijuana paraphernalia.

Most of you have already seen Billie's post from this morning about my taking some time off today for medical tests.

There was a health concern we thought it best to examine, and it turned out to be nothing.

I did have a minor surgical procedure performed and for that reason I can't leave the house tomorrow (Thursday) and need to take it slow for a few days, but the bottom line is the tests were negative and I'm fine.

I will start working again tomorrow, but for tomorrow, just on news I can cover from home.

I do want to say the staff at UMMC today was outstanding -- friendly, cheerful, caring and, most of all, professional.

Thank you for the notes of support from several readers.

District Attorney Lawrence Friedman just announced that a $50,000 bail bond was posted today with the Genesee County Court on behalf of Jacquetta Simmons.

The 27-year-old Batavia resident was found guilty earlier this year of assaulting 70-year-old Wal Mart employee Grace Suozzi in the store last Christmas Eve.

On Nov. 30, New York Appellate Division Justice Rose Sconiers ordered that Simmons' sentence be stayed pending a hearing on her attorneys' appeal, which argues her sentence of five years in prison is overly harsh considering that Simmons is a first-time offender. This is what made it possible for Simmons' release this afternoon.

Judge Robert C. Noonan signed a release order and she'll be released from custody once it's received by Bedford Hills Correctional Facility where she is incarcerated.

Joshua William Cresswell, 20, of Janes Road, Rochester, was found passed out behind the wheel of his gray sedan around 7:30 this morning with the motor still running. He was in a cornfield, south of Little Falls Road, Pembroke. Cresswell was arrested and will appear in Pembroke Town Court on Jan. 10 on charges of driving while intoxicated and driving with a BAC of .08 or more. (Nothing about his being underage was noted in the report.)

Rozella Ann Smith, 76, of Colonial Boulevard, Batavia, is charged with harassment, 2nd. She was arrested for allegedly striking another person on the wrist and arraigned in Town of Batavia Court. The incident allegedly occurred on Nov. 29 at 10:43 p.m.

Gregory Stephen Hallifax, 46, of Diane Drive, Cheektowaga, is charged with criminal contempt, 2nd, and arraigned in Stafford Town Court. Hallifax was arrested on suspicion of criminal contempt and failure to obey an order of protection on Nov. 29 at 11:32 p.m. at a location on East Main Street Road, Stafford. He was released and will appear in Stafford Town Court next month.

(Note: Temporary difficulties in receiving FAX transmissions delayed the publication of information on Smith and Hallifax.)

An adult male was struck by a tree limb at 6124 Quaker Hill Road in Elba. He is conscious and alert but on the ground. Mercy Medics and Elba Fire responding.

UPDATE 12:45 p.m.: Mercy Flight 6 out of Batavia responding to the scene.

UPDATE 1:08 p.m.: Mercy Flight 6 is off the ground.

Tyler F. Longhini, 21, was arrested by the Le Roy Police Department on Tuesday and charged with multiple felonies in connection with crimes reported on Lake, Bacon and Pleasant streets in the Village of Le Roy.

His arrest was the result of an ongoing investigation that started in mid-July. The crimes he is suspected of committing include: entering unlocked vehicles; damaging the interior of a vehicle; attempted forced entry burglary to a shed; and an actual burglary of a residential apartment while the tenant was sleeping.

The charges are: one count of burglary, 2nd, a Class C felony; one count of attempted burglary, 3rd, a Class E felony; one count of grand larceny, 4th, a Class E felony; and two counts of criminal mischief, 3rd, a Class E felony.

Longhini, who lives at 82 Gilbert St. in Le Roy, was arraigned in the Le Roy Town Court and released under the supervision of Genesee Justice.

CLARIFICATION 4:34 p.m.: Longhini was originally arrested on July 15 after being caught in the act of rifling through vehicles. But he was only charged with misdemeanors at that time, pending continuing investigation of the break-ins and forensic lab results. Then on Tuesday, Le Roy police were able to bring mulitple felony charges against Longhini, according to Det. John Condidorio.