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The U.S. Court of Appeals, Second District, on Monday, overturned a statute of limitations ruling by a lower court and reinstated a lawsuit brought by Michael Nolan, a former Western Regional Off-Track Betting Corp. chief operating officer, against the public benefit company, its former board chair and its current president.

A panel of three judges ruled that Nolan, a longtime WROTB employee until his dismissal in December 2020, filed his Notice of Claim complaint in August 2021, which was within the three-year time period as permitted by law.

The appellate court found that Judge William M. Skretny of the U.S. District Court for the Western District of New York applied the wrong amount of time – a year and 90 days – for Nolan to file.

Yesterday’s action returns the case back to Skretny to consider the other claims made by Nolan, who contends that he was retaliated against by the corporation, former Board Chairman Richard Bianchi and current President/Chief Executive Officer Henry Wojtaszek for sharing information with federal and state authorities as part of an inquiry into practices such as health insurance plans for board members, use of sports tickets and luxury boxes, and awarding of contracts.

An attorney for WROTB today said that he expected Skretny’s decision to be overturned, calling the appellate court’s judgment “just a very technical issue.”

“We had sought to dismiss the complaint on multiple grounds applying to all the claims, but Judge Skretny just focused on one claim in his order. So, his decision in the issue on the appeal was, like, very, very narrow,” said Aaron Saykin of Hodgson Russ LLP of Buffalo. “What happens now is that it’s been remanded back to Judge Skretny to consider, potentially, all of those other grounds that we moved on.”

Saykin said his firm “moved to dismiss every claim, and we had multiple grounds to do it.”

As reported on The Batavian in August 2021, Nolan’s lawsuit calls for $14.5 million in compensatory damages plus Nolan’s reinstatement to his former COO position, reinstatement of full fringe benefits and seniority rights, damages sustained due to the violation including, without limitation, the compensation for lost wages, benefits and other remuneration, and payment of all reasonable costs, disbursements, and attorney's fees.

Steven M. Cohen of Tiveron Law LLC, also of Buffalo, contacted today, said the case “immediately” reverts to Skretny’s courtroom and that “we will see justice done.”

“As the decision indicates, WROTB’s defense acknowledged at the Second Circuit Court of Appeals that they knew the basis for their motion to dismiss was meritless and they were expecting Judge Skretny to be reversed,” Cohen said. “Since they are funded with taxpayer’s money, WROTB has resources to do things like this and wear Michael Nolan down. But we are not going away. We will see justice done.  Henry’s political influence has found a limit. “

Cohen added that Gov. Hochul’s decision to dismiss the entire board of directors (in May) “for ethical violations, speaks volumes.”

Saykin said the statute of limitations issue was a Federal (constitutional) claim, while the other claims are State issues that can be heard in State court.

Going forward, he said his firm has asked the court to submit some supplemental briefings on the other issues.

“The court will decide whether to do that and what the timeline will be,” he said. “But we feel very good about all the other arguments that we've made that are yet to be considered.”

Previously: Lawsuit seeks $14.5 million for former WROTB officer

Previously: WROTB fires chief operating officer who files Notice of Claim seeking $5 million in damages

Lockport resident and Batavia native Paul Bacon continues to make his mark in the Mancuso Real Estate Monday Doubles League at Mancuso Bowling Center.

The 58-year-old right-hander averaged 220 in the league last season and is off to a hot start this season.

Earlier this week, he rolled games of 258, 276 and 264 for a 798 series, bowling with partner Brian Cline, on lanes 3-4.

Bacon spun 10 strikes in each of the first two games and strung the first nine strikes in the third game before leaving two pins on the first ball of the 10th frame. He missed the spare, and finished just two pins shy of his second 800 series. His other 800 -- 824 -- came in December 2004 at Brad Angelo Lanes in Lockport.

"My feet got a little quick in that last frame and I pulled the shot," said Bacon, who is employed as an operator at WestRock packaging facility in North Tonawanda. "Still, I'm pretty happy about that score."

Bacon said he used a 900 Global Eternity en route to his 29-strike effort.

In other action at Mancuso's, Attica's Mark Brown found perfection in the County Line Stone Friday Trios League with a 300 middle game on lanes 21-22. His other games were 200 and 234 for a 754 series.

Brown rolled a 300 in January in the same league.

For a list of high scores around the Genesee Region USBC, click on the Pin Points tab at the top of the home page.

The Batavia Town Planning Board met for 4 ½ minutes on Tuesday night, just enough time to unanimously pass a site plan from Country Line Electrical Distributors, Inc. to construct an accessory building on its East Main Street Road property.

William Massett, business owner, submitted the proposal to build a 12- by 84-foot open air pipe storage building in the Commercial district at 5065 East Main St. Rd. The plan previously was recommended for approval by the Genesee County Planning Board.

Initially, the project calls for the construction of a roof in case of rain to make it easier for loading and unloading, said Jennifer Massett, who was at the meeting. She said that owners eventually will fence it in for safety and security.

That was the only item on the board’s agenda.

Acknowledging that "it took a while" to get there, Bergen resident Jeff Parton nonetheless now can say that he's a member of bowling's 300 club.

The 66-year-old right-hander rolled his first United States Bowling Congress-certified 300 game last week -- capping a 705 series with 12 straight strikes on opening night of the Wednesday Men's Handicap League at Rose Garden Bowl in Bergen.

Competing on lanes 1-2, Parton started with a 180 game, before switching to the MOTIV Venom Shock in game two. That was the right ball change as he proceeded to post 225 and 300. 

His previous high games were 299 and 298.

Parton, a retiree, is a regular member of the Wednesday and Thursday leagues at Rose Garden Bowl.

In other action, Tom Baker of Pavilion is off to a hot start in the Toyota of Batavia 4-Man League at Mancuso Bowling Center, posting 706 and 769 in weeks one and two. 

For a list of high scores from the Genesee Region USBC, click on the Pin Points tab at the top of the home page.

Mancuso Bowling Center has elevated its game with the installation of the Brunswick Sync scoring and management system.

Tuesday Night Coed bowlers were the first league bowlers to experience the state-of-the-art platform last night – a system that features 50-inch, full color upper monitors and interactive, touchscreen lower monitors along with six 55-inch color televisions strategically placed across the 24 lanes.

Two more big screen TVs have been placed behind the service bar and the customer service desk.

“It’s nicely lit and easy to read,” said Rebecca Bates, a league bowler for the past three years. “So, we’ll see if it keeps score good.”

General Manager Mike Sputore reported no scoring problems on opening night of what is an eight-month fall-winter league season.

“Sync is Brunswick’s latest model of automatic scoring, and it controls food and beverage (point of sale ordering) as well as far as restaurant capabilities,” Sputore said. “And there are a bunch of different (bowling) games – not just standard bowling.”

Sputore said the lower monitors are “very user friendly” and the upper monitors are loaded with numerous colorful and high-tech graphics. Casual bowlers can even upload their photo onto the upper monitor when playing a specialty game known as Angry Birds.

Other games (some are 10 frames and some are five frames) include Creature Feature, EZ Bowl, HORSE, Ka Pow!, My Shot, Pin Pals, PinPix, Rival Rumble and 3-6-9 Free Strike. 

“It has so many different features, including the Open Lane app, where bowlers’ scores can be downloaded and then sent to their email,” Sputore noted.

The scoring upgrade replaces the Brunswick Frameworx system that had been in place for the past 25 years or so.

“(Proprietor) Rick (Mancuso) did a good job of research and getting the right stuff that works – and it looks beautiful,” Sputore said. “It’s quite a substantial investment.”

Sputore said that Sync interfaces with league secretarial software and handles a multitude of back office tasks.

The Sync system also reads the down-lane speed of the bowling ball and posts that number on the upper monitor after the bowler’s delivery.

“Yeah, it does the ball detect; average first ball speed,” he said. “It’s very convenient for league and tournament bowlers. Now, if you make a bad shot and you see that you threw it three miles an hour slower than your last one, that’s probably the reason.”

Providing a safe and secure place to live for women battling substance use disorder, including those with children, is yet another vital phase of the mission of Genesee/Orleans Council on Alcoholism and Substance Abuse to offer a wide spectrum of care.

“This project is only one of maybe three similar facilities west of Syracuse,” said GCASA Chief Executive Officer John Bennett, speaking of the agency’s 25-bed women and children’s residence that will be located on Butts Road in Albion. “We will serve Genesee and Orleans counties, primarily, and also the Western and Finger Lakes regions.”

Part of the wooded nine-acre lot just outside of the Albion village limits is being cleared to make way for the construction of the building frame and roof this fall, Bennett said. The home – which will take on a woodsy look of green siding and black window trim -- is expected to open around October of next year.

“Once open, it will include an early childhood learning center, walking paths in the woods, a large playground, a small workout area for residents, an area for arts and crafts, and more,” he offered. “We continue to find ways to break down barriers for individuals to enter and remain in treatment services. We currently offer extra services such as our drop-in daycare, transportation, case management, recovery services, and a 24/7 peer hotline, as well as our core services.”

GCASA has expanded its programs exponentially under Bennett’s guidance, with its workforce tripling in size over the past 15 years. The women’s and children’s residential facility in Albion fills a great need in substance use treatment, he noted.

“Since 2015, we have seen a significant increase in our female (client) population,” Bennett said. “It used to be 75 percent men and 25 percent women. Now, with opioids – pills – becoming more popular among women, the need in the community to serve women has multiplied.

“One of the barriers for women entering a residential program is, ‘Who will care for their children?’ In our program, women will be able to have their children (under school age) with them while in care.”

Bennett said the Albion location will provide services to women 18 and older during their recovery, with five of the 25 units set up to accommodate women with children younger than kindergarten age. Up to two children can live in those units.

GCASA will operate the facility, with staffing at all hours, seven days a week, Bennett said. A grant from the New York State Department of Health has covered $4.6 million of the $5.2-million cost of construction.

“We looked at buying the Cloverhill Adult Home building in the village but it really wasn’t set up appropriately for the project. It would have taken much to convert and to rehab it,” he said. “When we did purchase the property on Butts Road, the Town of Albion was incredibly welcoming. It’s near to the village but provides privacy for the residents.”

Responding to questions from citizens in the area, Bennett said that only a small part of the land is designated as wetlands and that area will be left untouched, and that GCASA will put in plantings along the driveway upon completion to provide privacy for those living along Butts Road.

“GCASA always strives to be a good neighbor,” he said. “All of our buildings are well-kept.”

The agency is working with the firm of Fontanese Folts Aubrecht Ernst Architects, P.C., of Orchard Park, the same company that has contributed design expertise for seven other GCASA projects. Whitney East, Inc., based in Le Roy and Rochester, is the general contractor.

Bennett said that once operational, the women and children’s residence will enable GCASA to make the Atwater Community Residence in Batavia a “male-only” facility.

“When this is done, we’ll have significantly expanded our bed capacity for all -- providing stabilization, rehabilitation and re-entry into the community,” he said.

Disclosure: Mike Pettinella is the publicist for GCASA.

Wings Over Batavia made a triumphant return on a cool and breezy Saturday night as more than a dozen highly skilled aerobatic and military pilots thrilled an estimated crowd of 7,000 at the Genesee County Airport.

Spectators were treated to what air show organizers repeatedly said was “the best of the best” on the air show circuit -- looking up in amazement as the performers maneuvered their planes through a series of rolls, loops, spins, twists and turns.

“This is my first show, and I’m gobsmacked!,” said Nancy Lamb, using a word defined as utterly astonished. “I can’t believe how they can do these things. It’s wild.”

Lamb and her husband, Tom, traveled from their Reading, Pa., home for the air show and also for a family wedding in Oakfield. Both retired, they said they’re having a blast and enjoying their 18-month-old twin grandchildren.

From the traffic control getting to the airport on Saile Drive to the hundreds of friendly volunteers at their posts to the layout of the various viewing areas, the four-hour show went off without a hitch (with just a few sprinkles of rain around the 5 p.m. starting time).

Skydiver Luke Aikins made a grand entrance to kick things off, floating safely to earth, American flag in hand, as the national anthem was sung. And it was Nathan Hammond – the Skywriter – who closed out the event by releasing fireworks from his Super Chipmunk as he buzzed through and around a dazzling show-ending pyrotechnics' display.

“We’re looking forward to the fireworks,” said James Turchiarelli of Depew, who was at the show with his fiancée Alexis Jefferds and 6-year-old Willa. “I haven’t been to one of these shows in years, and it’s pretty great.”

Midway through the show, American pride took center stage as the U.S. Air Force A-10 Thunderbolt II (“Warthog”) piloted by Capt. Lindsay “MAD” Johnson and P-51 Mustang steered by Lee Lauderback linked up for a Heritage tribute with the U.S. Air Force F-22 Raptor that flew into Genesee County airspace.

The powerful sound of the supersonic stealth fighter Raptor and the precise formation of the trio of planes had the audience spellbound.

Wings Over Batavia, the first such event in Genesee County in 25 years, concludes tonight with the show starting at 5 p.m. For more information, go to www.wingsoverbatavia.com.

Some news and notes from the ground:

SHOW HAS SPECIAL MEANING TO COUPLE

Wings Over Batavia has a special place in the lives of Batavian Steve and Mona Doyon. It was 27 years ago when Steve, as a member of the Navy SEAL parachute team, performed at the Genesee County Airport and, later that Saturday evening, met Doyon, his future wife.

“Five of us came up and did a static line jump, and another five did a high altitude jump, freefall jump. After that, we packed up and stayed for the day, and then I met Mona over at The Sheraton, where they had a big gathering,” Steve said during yesterday’s show. “We met at the gathering, stayed in touch and did a long-distance relationship thing for a while. Then, she moved down with me to Virginia Beach, we got married, and she stayed with me through my military career.”

In 2004, Steve left the Navy and took a job with the New York State Police. They moved back to Batavia, Mona’s hometown, and have lived here ever since.

Mona, who works for All Babies Cherished in Batavia, recalled that she was at the show in 1996 with her mother and father and her three small children, watching the Navy SEAL skydivers.

“He (Steve) fell from the sky. God knew what I needed, and he fell from the sky,” she said.

Steve has been with the State Police Special Operations team for the past 16 years and also is a chaplain with the Air National Guard.

AIR SHOW MOM ‘LEARNING EVERY DAY'

Growing up in California, Catherine “Cat” Williams never imagined being part of the air show circuit. But today, she’s relishing her role as “air show mom.”

“This was definitely strange to me, but I am learning every day,” she said, noting that she and her husband, Rob, have helped out at Batavian Pete Zeliff’s WNY Aviation Adventure Camp for children for the past 10 years. “I’m amazed at what these pilots do. They are just phenomenal.”

She and Rob, who is from Rochester and lived in Barre Center for a while, own four vintage airplanes.

“Rob is teaching me how to fly,” she said. “He is so patient in teaching me the importance of how to get the plane down if needed, so we do a lot of touch-and-go."

Cat said she came to New York about seven years ago after her daughter enrolled in the Culinary Institute of America in Hyde Park.

Rob supports the pilots on the ground.

“I’m the ramp rat,” he said. “Whatever needs to be done. Like last night, I was bringing all the heavy planes in. If we need to run and fix the smoke oil, whatever they need.”

BILL FORAKER: JACK OF ALL TRADES

When it comes to cross-training, Bill Foraker of Green Valley, Ariz., is an expert.

“I work air shows around the country. I've worked on air ops and ground ops. I think I've done every job involved in air shows over the years. I used to fly in air shows, I’ve air bossed, I’ve announced, I’ve done all kinds of stuff,” said Foraker, 72, dressed in bright orange with his Air Operations badge.

Foraker’s job for the Batavia show started several weeks ago as he made hotel and rental car arrangements for the performers. His varied duties continued yesterday.

“During the show, I'll be on the radio with the air boss, doing pretty much anything the air boss needs,” he said. “And when the American flag comes down, I'm going to take a group of kids out there that are volunteers, and we’re going to go out and gather up the flag after hits the ground.”

The threat of rain had Foraker monitoring the weather pattern on his phone.

“Right now, I'm watching the weather because we've got rain about 45 minutes west of here headed this way. But it looks like it's coming apart as it hits the ground. But I'm watching that, and I'll keep the air boss and everybody informed if there's any convective activity on rain,” he said.

Foraker said he helps out at five or six shows a year. In two weeks, he’ll be at a show in Sacramento, Calif.

“I'm actually directing ground operations because we have a bunch of static displays --100 airplanes on static for people to walk around and look at. So I get there early. We park all of them and then work with the air boss for the air show. And then after the air show, we get them all out.”

A late surge in volunteer sign-ups has Batavian Pete Zeliff, catalyst of Genesee County’s return to the air show arena after a 25-year hiatus, feeling pretty good just hours before the start of the star-studded Wings Over Batavia event.

“After the last volunteer meeting we had, another 180 people signed up to be volunteers. So, we’re near 400 volunteers right now for this show, which is about right where we wanted to be,” Zeliff said on Friday at the rehearsal for the show that takes place today and Sunday nights at Genesee County Airport on Saile Drive.

Zeliff said he’s projecting attendance of 10,000 to 12,000 per day. The show runs from 5-9 p.m. both days.

“Yesterday, when Nate Hammond went up and did the sky writing, every time he went up and did that, the online ticket sales spiked. So, that was great to see that,” he noted.

The show is being sponsored by more than 30 businesses and individuals from the surrounding area.

“We did okay on sponsors, but I wish we could have done a little better,” he said. “But we’ll get there. It’s our first year.”

Zeliff said he is impressed by the caliber of performers who have flown into Batavia to participate.

“Well, I think a lot of people didn’t realize (the magnitude of the show) or didn’t think that it was really going to happen,” he said. “Now, with everything going on here, people are seeing that this is going to happen.”

When asked how Genesee County was able to attract such top-notch talent, a couple of the performers said it was due to their respect for Pete’s wife, Doreen Hillard-Zeliff.

“Dennis (Dunbar, show chairperson) helps, but Doreen is the reason why everybody’s here. Doreen is it,” said Kevin Coleman of the Red Bull team. 

His partner, Luke Aikins, agreed.

“I think Doreen and Dennis, that combination of those two. At every air show Dennis has ever organized, everything runs smooth. They take care of the performers. And that's what Doreen and Dennis are known for from us. They keep us safe, and they give us great support. And we're happy to be here for them,” he said.

Zeliff had no problem getting on that bandwagon.

“Doreen was the air show mom to all these guys when they were young and getting started,” he said. “You can see that they have a lot of respect for Doreen.

“And it’s amazing to have the lineup that we have. The A-10 sitting out here on the ramp. There hasn’t been – other than helicopters at practice here from the National Guard – a military plane on the ramp in 26 years. Plus, Mike Goulian, Rob Holland, Lee Lauderback. We’ve got the top performers in the industry.”

Photos from Friday's rehearsal flights by Jim Burns.

Kevin Coleman is living the dream.

“I’m 33 years old and I started flying air shows when I was 18. So, I grew up in an air show family and my dad flew air shows. Ever since I was 3 years old, this is all I’ve ever wanted to do,” the Coushatta, La. resident said this afternoon while getting ready for this weekend’s Wings Over Batavia Air Show.

Coleman and skydiver Luke Aikins comprise the Red Bull “Airforce” team that wows audiences all over the world. The event at the Genesee County Airport is their 16^th show this year.

Their airplane is an Extra EA-300, a 1,200-pound, 400-horsepower machine that was built specially for aerobatics, Coleman said.

“Basically, it was built to do all the cool stunts or tricks, whatever you want to call it,” he added. “So, it's not comfortable; it's not a good traveling airplane. It's built for one purpose and that's to fly air shows and do all the cool stunts.”

Sponsored by Red Bull, Coleman said he’s been flying this plane since 2010.

“I own the airplane, while Red Bull is our partner that makes the deal go around,” he said.

Aikins, 49, of Seattle, said he’s been skydiving since 1989, amassing 22,000 dives over that time.

“I’ve done lots of jumping all over the place. I think the thing that is most known about me happened in 2017 when I jumped out of a plane without a parachute and landed in a giant net,” he said. “I did that on live TV and that was from 25,000 feet.”

Coleman quickly responded, “When he says it was a giant net, it was not a giant net. It was a small net.”

Aikens then said it was a 100- by 100-foot net “and I landed in that, without a parachute.”

He won’t be attempting that stunt this weekend, but he said he has something really special in store.

“Here in Batavia, I’m going to jump into a big American flag to start the show and Kevin’s going to circle around me with smoke while the national anthem goes on,” he said. “After that, Kevin’s going to put on an awesome display with the extra flip-and-twist-into-it turns and blow your mind.”

Later at night, Aikins said he’s going to come out wearing a wingsuit with pyrotechnics (sparklers) on his feet.

“I'm going to come out with a wingsuit with a sparklers on my feet and I’m going to jump out from about 7,000 feet and fly my wingsuit at night … and open a parachute and land in that.”

If you’re one of the many Western New York residents who happened to catch the cool messages in the sky on Thursday afternoon, you may be wondering who flying the airplane and just how did he or she perform such tricks.

The pilot of the plane – a 1956 de Havilland Canada DHC-1 Chipmunk – was none other than Nathan K. Hammond, well-known on the air show circuit for his skywriting.

A native of Rhinebeck, a small village in Dutchess County, who now lives in Kentucky, Hammond is part of an all-star cast that will be performing on Saturday and Sunday at the Wings Over Batavia Air Show at the Genesee County Airport.

The Batavian caught up to Hammond and his assistant, Alex Jamieson, another former Rhinebeck resident now living in North Carolina, earlier today prior to the show’s “dress rehearsal” at the Saile Drive facility.

“(Skywriting) is what we do to help the air shows that we’re at,” said Hammond, 42, acknowledging that he created quite a buzz with his antics. “While some people can make their airplane do amazing things, such as Michael Goulian’s airplane here behind me (Goulian pilots an Extra 330SC, arguably the world’s premiere aerobatic competition and air show plane), one of the things I can do with this airplane is to write in the sky.”

Hammond explained that he loads the plane with smoke oil consisting of a lightweight mineral oil with a lot of paraffin in it that, when injected into the exhaust, expands about 800 times its size.

“So, one cubic inch of oil becomes 800 cubic inches of smoke. We flow a whole lot of smoke and a whole lot of oil and are able to fill the sky and be able to draw those messages that you can see when we're two miles up in the sky,” he said. “We did lots of smiley faces, lots of hearts, and we did lots of butterflies over top.”

He said he was born and raised in the air show industry, down the Hudson (River) in Rhinebeck.

“I went to college and got a business degree so I could run an airport, and that’s what I do – 9 to 5 at my airport in Kentucky, running a business at the airport that maintains airplanes,” he said. “Then, on Friday, Saturday and Sunday, I get to go out and play.”

Hammond said his career is supported by his wife, Kelley, who coordinates the night show.

“Everybody has seen a skywriting over top during the day. The next step is Saturday and Sunday night when we’re going to load about 200 pounds of 'pyro' – of fireworks – on the wings of this airplane and fly with the fireworks that are coming off the ground and have a pyro-musical like you have never seen,” he said, his voice sparked with enthusiasm.

The Wings Over Batavia show will be Hammond’s ninth of the season – and he still has another eight more after this.

“We used to (fly) just in the summer months, but now our first show starts in January, and our last show is December 4^th,” he said. “We follow about 70 degrees (temperature-wise). We start in Florida, and we end in Florida.”

He called the layout at Genesee County Airport a “perfect venue for an air show,” noting easy access to multiple towns, with Rochester to the east and Buffalo to the west – “with nice roads that lead in and out.”

“It’s a big, giant airport with lots of space so that everybody gets a front-row seat.”

Hammond also raved about the roster of performers for the Batavia show.

“The lineup for this show is nothing but headliners. You don’t see these performers gathered in one place, except maybe in Oshkosh, Wisconsin, which is the second largest air show in the world (and) the largest in the western hemisphere,” he said. “If you miss this show, you have missed out on a monster opportunity to see the best of the best of the best.”

At this year’s Oshkosh show, Hammond earned the Bill Barber Award for Showmanship.

Jamieson, who has been helping Hammond for the past five years, said they connected “over our love for antique airplanes” at the old Rhinebeck Aerodrome.

He said the plane was built as a training aircraft but also has the right stuff for aerobatics.

“This one has a more modern inline-six engine – a Lycoming IO 540, with about 300 to 350 horsepower,” he said. “It’s quite a hoot of an airplane to go up and do aerobatics.”

When you add the fireworks component, the show's bound to be extra special, Hammond said.

"We'll make our appearance during the fireworks, and then we've got a whole bunch more surprises in that time," he said. "So, at night what's neat is ... we bolt about 200 pounds of fireworks on the wing tips of the airplane. So, we'll actually have fireworks coming off of the airplane while there's fireworks coming off of the ground. It is going to be a bright, spectacular event."

Cheryl Netter and Scott Davis are two of the fortunate ones. They are people who have survived the grip of addiction and have emerged on the other side, now devoting their lives to helping others who are struggling with substance use disorder.

So many others didn’t make it. More than 100,000 in the United States over the past year alone – and nearly 80 Genesee and Orleans County residents who died of a drug overdose over the past four years.

Netter (photo at left) and Davis briefly shared their stories of anguish successful recovery on Wednesday afternoon at the annual Overdose Awareness Day at Austin Park.

The event, organized to raise awareness of the dangers of opioids and to remember those who have succumbed to an overdose, was coordinated by the Genesee-Orleans-Wyoming Opioid Task Force, in conjunction with the National Institute of Health’s HEAL (Helping to End Addiction Long-Term) Initiative.

Recognized as a community “hope coach,” Netter said she is “an overdose and suicide attempt survivor.”

“Leading up to my (suicide) attempt, much of my struggle and pain I chose not to allow people to see. I spent my younger years masking my way through life, not recognizing or even acknowledging my inner struggles,” she said. “This led me to dabbling with mental health issues, risky behavior, substance use and trying to (commit) suicide. I stand with you today only by the grace of God, and with many years of recovery and I'm able to tell my story in my own voice.”

She quickly shifted her focus off of herself to speak about those who are no longer with us because of drugs.

“We're here and I want to remember and acknowledge those individuals gathered here today, along with their families and friends. Those who aren’t able to tell their story with their own voice due to …losing the struggle of addiction and to talk about the crisis we’re all facing right now.”

Netter encouraged family members and friends to keep the stories of those departed alive.

“We’re sowing seeds of hope and healing, not only in the hearts and lives of others, but also in our own hearts and our own life,” she said. “Strength and recovery can be found by giving a voice to the stories of those who may otherwise go unseen and unheard.”

Davis (photo at right) has been a certified peer recovery advocate for the Rochester Regional Health system for the past two years – a far cry from where he was for most of his adult life while addicted to heroin and fentanyl.

He shared that when his mother died in 2008, his life spiraled out of control, and the result was incarceration, institutions and near death. Eventually, and with the help of medication for opioid use disorder and support from family and friends, Davis pulled himself up, and continues in his recovery.

Two years ago, his brother died from an overdose, a searing pain that he said he is “working through.”

“Every day, there is something that reminds me of him,” he said. “He’s always there with me.”

Other speakers included John Bennett, chief executive officer at Genesee/Orleans Council on Alcoholism and Substance Abuse; Paul Pettit, public health director for Genesee and Orleans County Health Departments, and Dawn Stone, peer advocate at Spectrum Health in Wyoming County.

John Bennett: We’re Working to Save Lives

“You would think that in the year 2023, with all of the people who have come out publicly – all the movie stars and athletes that have come out and talked about their addiction – that the stigma would reduce? But it hasn’t. It’s still there,” Bennett said. “So, I just want to thank all the people here today who are recovery warriors. It’s the work that you guys do every day. The support agencies like GCASA, to support the people in the community, that really make a big difference.”

He mentioned how the agency has grown in recent years from 65 to almost 200 employees and adding needed services such as housing for various groups, childcare, transportation and The Recovery Station social meeting place on Clinton Street Road.

“We also provide services for the homeless, particularly through a homeless housing grant that we recently got,” he said. “We’re going to be working on coming up with transitional housing crisis beds for these folks, where they will have a place to stay for seven to 15 days. Those are hard to find, but we’re working to make those come true.”

Bennett said recovery workers are making a difference by trying to save lives.

“My heart goes out to all of you who have lost a loved one. I can’t imagine the grief and loss. But know that we’re trying to make a difference behind the scenes to help future loss of life,” he said.

Paul Pettit: An ‘Urgent Public Health Threat’

Pettit said that data shows that the opioid epidemic continues to be a “very urgent public health and public safety threat in our communities.”

“Drug overdose deaths continue to be the number one leading cause of injury mortality in the United States,” he said. “It’s been that way for many years now. And unfortunately, it's probably going to continue to be the number one cause of death. It's more than vehicle accidents and other types of injuries.”

More than 100,000 people died by overdose last year in the U.S., he said, adding that since 2019, there have been 56 overdose deaths in Genesee County and 23 overdose deaths in Orleans County.

“That’s 79 individuals that have lost their lives to overdoses that we could have prevented; that we are working to prevent it. And that's why we're here today -- to bring awareness to that and to honor them,” he said.

Pettit credited the GOW Opioid Task Force, a three-county coalition founded in 2017, and the more recent HEALing Genesee initiative for examples of community human services agencies coming together to fight this epidemic. 

“Three areas that we continue to focus on in the community is opioid overdose prevention and education and naloxone (Narcan) distribution … medication for opioid use disorder and linking individuals to treatment, and safer opioid prescribing and dispensing.

Dawn Stone: ‘It Takes a Community’

Noting that she provides support and encouragement for people from the age of 5 to 90, Stone said “it takes a community” to combat the increasing mental health and substance use epidemic.

In recovery for 19 years, she said that 21 people have died due to an overdose in Wyoming County in recent years, with 41 being the average age of those individuals.

“It’s not just young people,” she said. “Substance use affects all ages. We need to ask our elders, ‘Are you OK?’ and offer them the help they need.”

To conclude the program, Brandi Smith of Batavia, who has been in recovery from heroin, fentanyl and cocaine for six years, read a poem, No Hero in Heroin, in memory of her brother, Jason, who died of an overdose.

In part, the poem states, “So alone, so filled with fear, but I kept on swimming, well, drowning in tears; I never gave up, finally said my goodbyes, found beauty in life, without you by my side; You’re part of my past now, no longer a friend, despite you name, there’s no HERO in heroin.”

Disclosure: Mike Pettinella is the publicist for GCASA.

Photos by Steven Ognibene.

Mike Sputore fell in love with the game of baseball when he was a young boy growing up on the southside of Batavia.

He excelled at the sport, starting as a member of the Ramblers, who were coached by his father, Paul, in the Batavia Minor League on the diamond at the corner of State and Denio Streets and continuing through two seasons as a pitcher and third baseman for the Genesee Community College Cougars.

Sputore’s baseball career didn’t end then, however. In a sense, it was just beginning. For the past 20 years, he has been a coach at various levels – including the past two years as the varsity head coach at Pembroke Central School.

This summer, when he heard that James Patric was stepping away from the job after two years at the helm, Sputore submitted his resume to Mike Bromley, director of Health, Physical Education and Athletics for the Batavia City School District.

“In 2022, James had reached out to me about coaching the jayvee team at Batavia, but I was committed to Pembroke at that time,” said Sputore during an interview with The Batavian on Monday at Mancuso Bowling Center, where he is employed as the general manager. “When the position did come available, I applied and was interviewed by Mike and (physical education staff members) Brennan Briggs and Nick Burk.”

Apparently, Sputore, a 1999 BHS graduate, aced the interview and was offered the job.

“We had several applicants and Mike came through as the leading candidate,” Bromley said. “He had some great experiences as a coach at Notre Dame and the last couple years at Pembroke as the varsity coach. We know that he has a love for Batavia baseball, with his family deeply involved in baseball here for a long time.

“We think that he has some of the attributes that it would take to be the next varsity coach here in Batavia – a good work ethic, great with kids and loves baseball. Just a good fit.”

Sputore credits his dad, who was president of Batavia Minor League for many years, for introducing him to the sport.

“He was a big influence when I was young and now, I’m enjoying it more and more the older I get,” Sputore said. “It’s very satisfying to help others in reaching their goals.”

After progressing through the summer youth baseball programs in the city – Minor, Little and Junior-Senior leagues, Sputore was a three-year starter at Batavia High under coaches Pep Johnson and Rick Saunders – claiming a Section 5 title in 1998 and earning Monroe County Honorable Mention status as a pitcher and third baseman.

Interestingly, Sputore’s brother, Chris, also won a Section 5 championship as a Blue Devil in 1994.

Mike Sputore played American Legion ball, before enrolling at GCC. It was there that he started his coaching career, serving as an assistant in 2003.

From there, he joined the Notre Dame High baseball program, recruited by varsity coach Rick Mancuso to run the jayvee program. In 2006, he became the varsity assistant coach under Mike Rapone and stayed in that capacity for 11 more years.

From 2018 until last season, Sputore coached at Pembroke – helping to build its program while coaching at the modified and varsity levels.

“We were very young (at Pembroke), but we made progress,” Sputore said, noting that the team won five games over the past two seasons after not winning any the previous couple years. “Going to Batavia, I feel the program has been set up for success, thanks to James, and we hope to continue the tradition built by Pep and Rick.”

Sputore said his expectations for his players start with two words – hustle and effort.

“It takes zero talent to hustle and give your best effort at all times,” he said. “We’re looking for kids to be coachable and to be motivated to succeed.”

He said he hopes to get his players on the field for some practice in October and is planning some “winter workouts” with the drop-down batting cage at the high school’s auxiliary gym. He also is excited about the “Meet the Coach Night” on Sept. 12 at the high school for all of the program’s players and parents.

Ryan Mansell, a five-year ballplayer at Brockport State, has accepted a health teacher position at BCSD and has been hired as the baseball program assistant. Other coaches are Derrick Busch (junior varsity), Greg Mruczek (modified A) and Rich Wagner (modified B).

Sputore has a son, Benjamin, a senior at BHS, and a daughter, Brooklyn, an eighth grader at Oakfield-Alabama Central School. His wife, Jillion, is a teacher at John Kennedy Intermediate School.

Lawmakers in six of the 15 counties that benefit from revenues generated by Western Regional Off-Track Betting Corp. have passed resolutions to participate in a pending lawsuit to overturn changes to the structure and voting format of the public benefit company’s board of directors.

Legislative bodies in Niagara, Orleans, Wyoming, Livingston and Seneca counties have joined Genesee County in an effort to nullify bills passed by New York State -- during budget negotiations in May – that eliminated the board at that time and shifted voting to a weighted system.

Albany’s action transferred the voting power from the rural (predominately Republican counties to the urban (predominately Democratic municipalities of Erie and Monroe counties and the cities of Buffalo and Rochester.

Genesee County Attorney James Wujcik today said that he has been talking to lawyers representing the rural counties, confirming that six have signed on thus far. Others rural counties that may opt in are Cattaraugus, Cayuga, Chautauqua, Oswego, Wayne and Steuben. The status of Schuyler County is unknown at this point.

“So far, six counties have passed resolutions authorizing their county attorneys to enjoin litigation,” said Wujcik, who added that a draft of the lawsuit is forthcoming.

He also confirmed a report in the Niagara Gazette that Genesee, Niagara and Orleans counties have committed $5,000 each to retain the Lippes Mathias law firm of Buffalo. According to a story on Aug. 1, the newspaper reported that the firm’s lead attorney, Dennis Vacco, will be paid $400 per hour as the “coordinating attorney of all activities” while three others will be paid $375, $350 and $280 per hour.

Should 12 counties sign on to the lawsuit, each would be expected to pay the same amount in attorneys’ and related fees.

Genesee County Legislature Chair Rochelle Stein said that premise of the litigation is “to protect the counties’ Home Rule rights” – the one-county, one-vote format -- that have been in place since WROTB’s creation 50 years ago.

“Genesee County’s position is that we must protect our citizens who, by a referendum, voted to join Western Regional,” Stein said. “People trying to change the result of an election is an overreach, and we can’t let that occur in New York State.”

A portion of the resolution passed by the Genesee County Legislature in June refers to the Home Rule provision, noting that:

WHEREAS, the New York State Court of Appeals recognized in Matter of Moran v. La Guardia, 270 N.Y. 450, 452 that “To repeal or modify a statute requires a legislative act of equal dignity and import.” Nothing less than a Home Rule Message from a majority of the founding counties will suffice, i.e. “the doctrine of Legislative Equivalency”. The doctrine of legislative equivalency has uniformly been applied with respect to the modification and or amendment of prior legislation, and,

WHEREAS, none of the founding counties, especially Genesee County, the home County of WROTB, enacted Home Rule Messages requesting that N.Y. Rac. Pari-Mut. Wag. & Breeding Law § 502, be modified and/or amended, and never authorized a relinquishment of control of WROTB to Erie County, Monroe County, City of Buffalo, and City of Rochester, and WHEREAS, Batavia Downs is located in the Town and City of Batavia in a residential area and this is an important quality of life issue for the host County of Genesee to not be negatively impacted by any change to the Board of Directors make up.

Democratic State Sen. Tim Kennedy of Buffalo initiated action to dismantle the WROTB board and change the voting structure in light of a state Comptroller’s audit that found fault with the corporation’s use of tickets to sporting events (notably, Buffalo Bills and Buffalo Sabres) and concerts; “gold-plated” health insurance for directors, and for President/CEO Henry Wojtaszek’s use of a company vehicle.

Wojtaszek has said that the corporation has taken corrective measures since then, recently stating that management is working on new health insurance options for employees, but not board members.

The labor relations agent for the employees union at Western Regional Off-Track Betting Corp. is calling for an “open and honest" conversation with management and the board of directors concerning the future of the public benefit company's brick-and-mortar OTB branches.

Antonella Rotilio. (photo at right), who attended Thursday’s board meeting at the Park Road facility but was not on the agenda to speak, said recent closings of OTB parlors have occurred without proper communication with the union, and a published report of more closings have branch employees worried that they will be losing their jobs.

“My number one concern is obviously for my members (employees). They had read a few weeks ago in article printed by The Batavian in which (WROTB President/Chief Executive Office) Henry (Wojtaszek) had stated that they were possibly going to be closing more branches. I believe it was five,” Rotilio said by telephone this morning.

“These employees are reading these articles. And they have to go to work. They have to work those jobs, and they just saw that another branch closed (the Phoenix branch in Oswego County was closed at the end of July). And all of them are afraid. This isn't a corporation where they come in and they're there a year and then leave. Some of our members -- a lot of our members of the branches -- have been there 30 years. So, this is a big thing. They've spent their entire adulthood in those branches. It's more than a job; it's their life.”

Rotilio represents workers through the United Professional & Service Employees Union Local 1222 at Batavia Downs Gaming and at eight OTB parlors throughout the corporation’s 15 counties and cities of Buffalo and Rochester.

She was referring to a story in The Batavian following the July board meeting, at which Wojtaszek said management’s plan is to reduce the number of OTB branches from the current eight to five by 2025. He said more emphasis is being placed on EZ Bet, which are self-betting terminals in existing bars and restaurants. WROTB has 27 EZ Bet locations across Western New York.

“When they read an article like that and see what’s happening, they’re nervous,” she added. “So, they thought is, why can't we have a conversation with the board and management because we work at the branches, and we handle the customers. I think a conversation that's open and honest and maybe gives options -- maybe listens to what the members have to say and the ideas that they have to maybe cut costs and keep the operation going – would make them feel like they had a little control over their future. To not know if tomorrow they're going to come into your shop and they say, ‘We're closing,’ is an awful feeling.”

They eight OTB branches are located in Williamsville, Cheektowaga, Auburn, Jamestown, Gates, Penfield, Tonawanda and Rochester. Twenty years or so ago, there were more than 30 branches scattered throughout WROTB’s 15 counties and cities of Buffalo and Rochester.

Rotilio said management and the board owes it to their employees to include them when considering short- and long-term plans for these locations. Instead, she contends, branch workers are hearing from customers about rumors of branch closings.

“Customers will come in and they're telling employees what they're hearing because there's some kind of attachment to either the corporation or someone who works at the corporation,” she said.  “It’s like months before an action is taken and the customer knows, while they employees are thinking, ‘Is this true?’ And the union is not told at all in advance what they’re going to do.”

She said employees at the Military Road branch in Niagara Falls were given 10 days’ notice.

“We were very upset about that, and we reached out to the corporation. And when Phoenix closed, they notified us after the fact,” she said. “That’s why I think meeting with us -- meeting with the members and having an honest conversation and looking at the numbers together – would have a positive impact because everybody is worried about their job.”

Rotilio acknowledged that the handles (revenues) vary at the different branches and said she realizes that the financials dictate company policy.

WROTB officials on Thursday reported that the branches, grouped in with intertrack wagering, Dial-A-Bet, EZ bet, online Batavia Bets and live racing, incurred year-to-date losses of about $600,000. That includes a book loss posted on the sale of the Military Road OTB branch in Niagara Falls.

Contacted this morning, Wojtaszek said that finances “are a big part” of the equation, but said the corporation needs to consider the employees as well.

“Our obligation is to make revenue and turn it over to the member communities,” he said. “To maximize revenue; to make sure that we do work with our employees. As I have said many times, we have the best employees in Western New York, we believe that.

“What will happen in the next few months is that we will discuss the branches and the situation with the various counties that currently have branches in them and find out what their intentions are. We will, obviously, we will include the workers, the employees within that discussion. We will let them know what’s going on. So, that’s certainly the plan.”

Wojtaszek said the COVID-19 pandemic “forced us to take a hard look at where we were going for the future and that’s when we put together the plan that we discussed a few months ago (to close three more branches by 2025).”

“But, certainly we should be discussing with the members of the board where those locations for the branches are and then we should be discussing with those employees, how it affects them. That is the plan.”

When asked if management knew which branches were earmarked for closing, Wojtaszek said the proposal wasn’t etched in stone, but is something that “we are continuously looking at.”

“It’s something that changes over a period of time, depending on the circumstances. If one of these branches are doing better, financially, it might not need to close, or if other circumstances change. But, at the time, it was based upon geography, where EZ Bets were relocated, and in the end, it's always going to be how are they doing financially?”

He said the corporation is not looking to totally eliminate the branches but has indicated that an emphasis is being placed on EZ Bet locations, which are housed in established businesses such as restaurants and/or bars.

Wojtaszek defended WROTB’s decision to close branches in recent months, noting that the corporation sustained losses for a long period of time.

“I think the moves that we have made over the last couple of years were warranted,” he said. “We don't want anybody to lose their jobs or employment. But we'll do what's necessary to make sure that the corporation remains strong. But again, we'll do that with the advice and input from the various board members and also we will speak with our employees as we make any moves going forward.”

He said there will, in fact, be the “open and honest” conversation that Rotilio is advocating.

Batavia Downs Gaming is looking to add an “historical horse racing” component to its gaming options.

“It’s our No. 2 (priority) behind getting involved in I-Gaming,” said Henry Wojtaszek, president and chief executive officer of Western Regional Off-Track Betting Corp. at the public benefit company’s board of directors meeting this morning.

Historical horse racing, or HHR, has been around for several years and, in most instances, refers to gaming that permits players to wager on replays of past horse races – while placing their bets on slot-like historical racing terminals, or HRTs.

Wojtaszek said HHR has been “put in place to help Off-Track Betting locations,” and statistics show that it has become a multi-billion industry in itself.

According to the Betting USA website, six states – Kansas, Kentucky, Louisiana, New Hampshire, Virginia and Wyoming – offer historical horse racing wagering as of January 2023.

“We’re making a push to pass legislation (to allow HHR in New York State) in 2024,” Wojtaszek said.

HHR machines come in a wide variety of styles, but all are based on the results of randomized past races. 

Also, from the Betting USA website:

“… each round of play begins with the machine selecting one race at random from a database of up to a hundred thousand past races. The terminal obscures names and dates but provides a handicapping form so players can select three horses, just as they would at a live race.

However, many terminals offer a way for players to automate the selection process, so they end up with a machine that looks and feels just like a slot. Only the last few seconds of the race are displayed on a small part of the screen. The rest of the monitor displays reels and symbols to show the player what, if anything, they won off the slot pull.

The Batavian previously has reported about WROTB’s desire to get in on the iGaming craze, which covers any kind of online betting that wagers on the outcome of a game or event. Sports betting, poker, eSports and online casinos are under the iGaming umbrella.

“Data shows that brick-and-mortar (facilities) are not hurt by (iGaming). So, we’re in the mix,” said Wojtaszek, pointing to a possible rollout in 2025.

He did acknowledge that Batavia Downs Gaming likely won't be authorized to offer sports betting, which has grown exponentially via apps such as DraftKings, FanDuel, BetMGM and Caesars.

Wojtaszek said those four sportsbooks hold about 90 percent of the market share, and “we’ll probably see a shrinkage” in the number of other sportsbooks as time goes on.

In other developments:

-- Chief Financial Officer Jacquelyne Leach reported that Batavia Downs Gaming set another record in July, amassing $7.8 million in net win – the highest figure in corporation history. Net win is the amount of money left in the Video Lottery Terminal machines after paying out the customers.

Credits played for the month fell just short of $100 million, an increase of $6.9 million compared to July 22 and $13.5 million compared to July 21.

On the pari-mutuel (horse racing) side, the handle was $4.7 million in July, down 7 percent from last July but up 5 percent from the corporation’s operating plan.

The July surcharge to be returned to the 17 municipalities came in at $56,675, and operational earnings of $1.04 million for July have Leach predicting that third-quarter earnings distributions to municipalities will come in at around $2 million.

-- Marketing Director Ryan Hasenauer reported that the public is invited to see and take a photo with a Clydesdale from 2-4 p.m. this Saturday during Robert J. Kane Memorial Invitational Pace weekend at Batavia Downs.

The heavy draft-horse breed – that averages 68 to 72 inches tall, 2,000 pounds in weight and was made famous by the Budweiser brewing company – will be stationed in the winner’s circle of the racetrack.

The Kane Memorial will feature a full field of eight horses that have excelled this year on the harness horse racing circuit.

Racing secretary Don Hoover said that the wagering handle, when considering simulcasting and on-site betting thus far, for 23 race days, is averaging $243,237 – up 77 percent over the average handle in 2022. The live handle (patrons at Batavia Downs) is down about 9 percent from last year, however.

-- Paul Bartow of Watkins Glen has joined the board of directors, representing Schuyler County. His appointment by his county’s legislature completes the 17-member board roster.

Bartow is vice president of the Schuyler County Cooperative Extension and a member of the county planning commission and historical society boards.

At the conclusion of this morning’s Western Regional Off-Track Betting Corp. board meeting that featured glowing reports – financial and otherwise -- from management, Director Vincent Horrigan of Chautauqua County commended the staff for a job well done during a tough stretch.

“With all the turbulence in Albany, the results speak for themselves,” said Horrigan, a “holdover” from the previous board that was terminated in early May through legislation approved by Gov. Kathy Hochul and leaders in the state Assembly and Senate. “I wish to congratulate the incredible team, from the lowest worker to Henry and the rest of the management team.”

Horrigan is one of 11 directors who were reappointed by their governing bodies to four-year terms as stipulated by the new guidelines.

New members of the board, all of whom were in attendance today, are Charles Zambito (Genesee County), Crystal Rodriguez-Dabney (City of Buffalo), Terrance Baxter (Cayuga County), James A. Wilmot (Monroe County) and Jennifer Hibit (Erie County). 

Wilmot, the newest director, is in charge of casino development for the Wilmorite Management Group in Rochester.

Schuyler County officials have yet to announce their representative to the 17-member board.

While each municipality that benefits from WROTB proceeds (operational earnings and surcharge) has one director, the May legislation instituted a weighted voting system, eliminating the one-director, one-vote format that had been in force.

As a result, the majority of the voting power rests with Democratic Party-led counties of Erie and Monroe and the cities of Buffalo and Rochester. The remainder of the municipalities are Republican-leaning, and some of those are joining together in litigation challenging the recent changes, citing Home Rule entitlement.

Today’s meeting was the second straight conference that was informational only since four of the new directors have yet to be licensed by the New York Gaming Commission. WROTB President/Chief Executive Officer Henry Wojtaszek said he expects that to happen soon, likely in time for committee meetings and the full board meeting on Aug. 23-24.

Chief Financial Officer Jacquelyne Leach had the floor for most of the 90-minute session, providing monetary figures that shine a favorable light on the Batavia Downs Gaming operation.

Calling it “a very strong month,” Leach said the “net win” for June of $7.06 million is the highest ever for June – beating the corporation’s projected amount by 8 percent. Net win is what is left in the Video Lottery Terminal machines after paying out the customers.

She reported that credits played in June were $97 million – up $9.3 million from June 2022 – and attendance for the month hit the 80,000 mark – up 12,000 from June 2022.

Year-to-date earnings are at $4.6 million, she said, which represents a $1.5 million increase from the same period last year.

Earnings and surcharge (5 percent) go back to the member municipalities. Genesee County has received $106,544 in earnings and surcharge thus far in 2023, including $4,484 in the month of June.

Leach attributed food and beverage sales, special events, the Batavia Downs Concert Series and the success of the Hotel at Batavia Downs as contributing factors to the uptick in activity. She said the hotel has generated $262,000 in profit so far in 2023.

“The hotel (which was purchased by WROTB in April 2021) has proven to be such a great addition to the corporation – a tremendous benefit,” she said.

Looking ahead, Leach said that July “is shaping up to be another record month for the Batavia Downs Gaming side of the business.”

In other developments:

-- Wojtaszek said management’s plan is to reduce the number of Off-Track Betting branches from the current eight to five by 2025. He said more emphasis is being placed on EZ Bet, which are self-betting terminals in existing bars and restaurants. WROTB has 27 EZ Bet locations across Western New York.

-- Director of Live Racing Don Hoover reported that Wednesday’s opening night of harness racing generated a handle of $242,306, which puts it in the top 10 of all handles since WROTB purchased the track 20 years ago. The 53-date season concludes on Dec. 9 but Hoover is in discussions with the Western New York Harness Horsemen’s Association to schedule racing dates next January and February.

-- VP/Administration William White advised that Batavia Downs Gaming’s pay scale for security guards is lagging behind the area’s average and is looking at forging an agreement with the employee union to increase the pay as soon as possible. White said that the company is having trouble recruiting and retaining security personnel. 

The former Genesee County director on the Western Regional Off-Track Betting Corp. board today explained the reasoning behind the approval of multi-year contract extensions to 18 high-ranking employees just days before Gov. Kathy Hochul and the leaders of the state Senate and Assembly dismantled the board.

Contacted by phone this morning, Richard Siebert, who served on the board for 29 years, said that on April 27, during an executive session at Batavia Downs Gaming, neither he nor any of his colleagues were aware of what was going to happen in Albany.

Less than a week later, it was announced that all the directors were being fired and that the board’s voting system was being changed from one-county, one-vote to a weighted format based on population.

“At that point, no one seemed to be able to tell us what was in the legislation that was going to be passed when Hochul passed her budget,” said Siebert, who actually resigned his position when he found out about the changes. “We didn’t know what was in there – and I actually found out (through the media) that I was being removed as a director.”

When asked about the two- and three-year contracts, Siebert admitted that this “was different” from what was done in the past.

“We had consultants that told us that it was in the best interest of our board to have three-year contracts – with a lot of other stipulations like they couldn’t leave and compete against us with another vendor, whatever,” he said.

Siebert also said the board was worried about the status of President/Chief Executive Officer Henry Wojtaszek’s job.

“I think we were all concerned about the stuff we kept hearing about the fact that they were gunning for Henry, who we felt was doing a great job, as well as the other officers. So, it was a good way to be more efficient by having the contracts and, in my own mind, it was a way for us to protect people from being removed for political purposes,” he said.

“Now, if there was something in the employee’s merit that would warrant them being removed from their contract, so be it. But we felt it was in the best interest of our board to be more responsible with contracts and also to make sure people who are doing a great job had the opportunity to continue without political interference.”

Wojtaszek confirmed that the board was advised by attorney John Owens, who was recently hired as the board’s associate general counsel, to enter into the contract extensions. Also contacted this morning, Wojtaszek said he didn’t want to speak publicly about the contracts because they are personnel matters but did offer to provide the information to The Batavian.

“I’d be happy to send you these contracts,” he said. “There’s no secret about it.”

Actually, the specifics of the contracts were acquired by the Niagara Gazette through the state’s Freedom of Information Law earlier this month, and the newspaper did make those salaries public.

As expected, Wojtaszek tops the list at $272,000, which is about $7,000 more than what the board had approved for his 2023 salary. The other members of the leadership team are Chief Financial Officer Jacquelyne Leach ($222,000), Chief Operating Officer Scott Kiedrowski ($165,168), VP/Administration William White ($160,000) and VP/Operations Sean Schiano ($131,000).

All of their contracts now run through December 2026, and they are still eligible for annual raises, Wojtaszek said.

Employees granted two-year contract extensions are as follows:

Ryan Hasenauer, director of marketing, $108,638; Cindy DeCarlo, controller/Batavia Downs operations, $104,187; Steven Haigh, internal auditor, $101,129; Thomas P. Balk, director of building and grounds, $100,900; Jeffery Magee, IT director, $99,008.

Jake Rak, controller, OTB operations, $89,918; Andrew Fedele, director of surveillance/video gaming operations, $83,574; Daniel Wood, director of security, $83,137; Danielle Fleming, director of human resources, $80,017.

Dona Beane, director of food and beverages, $78,249; Dina Pane, general manager/OTB operations, $76,585; Barbara O'Rourke, sales manager, $75,358; Megan Glor, director of purchasing/real estate, $74,089.

The former board’s unanimous vote is being criticized by local politicians, with the Niagara Gazette reporting that Erie County Comptroller Kevin Hardwick called the salaries “obscene” and state Assemblywoman Monica Wallace, D-Lancaster, terming the timing of the action as “highly suspect. Both are calling upon the new WROTB board to take a closer look at the contracts and the approval process.

Wojtaszek said the salaries are proper in light of industry standards.

“What I would say is that if you look at the industry – the numbers within the industry – it’s clearly an appropriate amount based on the gaming industry. I think it’s (the criticism) is very politically motivated,” he said.  “And when you look at the performance of the corporation, things are going extremely well here. And we're going to try to make sure that continues. We have great personnel, and we are delivering the customer service that’s necessary to bring people back.”

Calling it “a significant overreach of our Home Rule,” Genesee County Legislator Chair Rochelle Stein said the legislature is fully invested in legal action to overturn a decision by New York State lawmakers to restructure the Western Regional Off-Track Betting Corp. board of directors.

“In our minds, this is a significant overreach of our Home Rule, and we counties must protect our constitutional rights in New York State,” she said today. “We cannot allow for that to be overwritten by an action of the government.”

Stein confirmed that Dennis Vacco, former state attorney general and federal prosecutor, has been hired by Genesee County and other Republican-leaning counties in Western New York that benefit from WROTB, which is based in Batavia.

“This is definitely a joint effort,” she said, adding that the cost of litigation will be shared by the counties involved.

The Batavian reached out this morning to County Attorney James Wujcik and to Vacco’s office in an effort to determine which counties are participating in the lawsuit and to find out more details about the cost-sharing agreement.

In late June, the Genesee County Legislature passed a resolution supporting legal action and the desire to participate with other rural counties.

All 17 director positions, except Schuyler County, have been reappointed since action by Gov. Hochul and other lawmakers in Albany to dismantle the WROTB board.

The latest to join is James A. Wilmot, who will represent Monroe County. The board is scheduled to meet at 10 a.m. Thursday at Batavia Downs Gaming on Park Road.

Please read: After 68 years we are winding down. Our hours will be by appointment only. Please call (585) 343-4131 and leave a message. A big “thank you” from the Barrett family for your patronage. Remember to vote and carry on the good fight.

With that handwritten message on a large piece of orange paper taped to the front door, Mike Barrett, owner of Batavia Marine & Sporting Supply, let the world know that he’s ready to begin a new phase of a retail sales career that began more than a half-century ago.

“It’s been good while it lasted, but you have to leave your heart and soul here,” said Barrett, 71, in a sit-down interview with The Batavian on Monday afternoon at his store at 413 West Main St. “I’ve been blessed with a mother (the late Mary) and wife (Donna) who have been very understanding over all these years.”

Founded by brothers Dave (Mike’s father) and Charlie in 1955, Batavia Marine was well-known as a hunting and fishing store that eventually ventured into sales of outboard motors, snowblowers, snowmobiles and camping equipment. One of Batavia's longest-running businesses, it also featured a huge selection of trapping supplies.

Mike Barrett went to work on a part-time basis while attending high school at Notre Dame before taking a full-time position in 1972. While he manned the store, his brother, Paul, focused on outboards.

“Actually, my grandparents at one time owned all of the land from here right over to Sport of Kings,” said Barrett, who recently returned from a trip to the Adirondacks with his wife, a longtime employee of the Genesee County District Attorney’s office who now works part-time at the Department of Motor Vehicles and County Clerk’s offices. “My dad also owned another Batavia business, Colt Clamp, which was started in the late 1800s.”

Barrett, who is recovering from a mini-stroke earlier this month, said, “The arrow has been pointing at retirement.”

“My health is not the best. I guess that pounding the floor for 50-plus years got to me,” he said. “Besides that, hunting and fishing have declined. It’s difficult to get stuff. It seems like everything is geared toward the mass merchandisers now.”

Although he has decided to accommodate customers strictly by appointment, Barrett said he’s not moving away from Batavia, and he’s not selling the building.

“I’m not going anywhere,” he said. “There really is no definitive timetable (on liquidating the inventory).”

Barrett estimates that he has sold around 24,000 guns (rifles, pistols, shotguns, etc.) but admitted that sales have declined significantly in recent years.

“The kids don’t hunt and fish anymore, and the new gun laws have people scared to bring their guns out of the house,” he offered. “They’ve passed some stupid restrictions that really didn’t stop any crime.”

Batavia City Council member Rick Richmond, who worked at Batavia Marine for three years, including during COVID, said Barrett has served the city, county and region with the utmost integrity.

“Mike is one of the most honest people I’ve ever worked for,” he said. “I want to put this into perspective. I remember one time that he placed a fishing order. When the hooks came in – they come in a box of 12 – I recall him getting on the phone and calling up the distributor and saying, “Hey, I got my hooks. But one of the boxes had 13 hooks. Please send me the bill.

“He wanted a bill for a package of hooks that would sell for a dollar, sixty-nine!”

For his part, Barrett said he is fortunate to have married the former Donna Stearns, who grew up in Stafford, in 1986.

“She didn’t know what she was getting involved with,” he said with a chuckle.

Barrett said his “bucket list” doesn’t include any cruises or flights to Europe, just a couple of items – visiting a close friend in the Southern Tier and his sister, Emily, in New Jersey. His other sister, Liz, lives in Rochester.

Looking ahead, he said that “Hopefully, the Good Lord will let me live out a long retirement.”

“Most of all, I want to thank all the customers, especially the regulars (who made Batavia Marine & Sporting Supply a daily destination). I’m going to really miss them.”