Stories from

Gov. Andrew Cuomo's decision to legalize interactive fantasy sports in New York State couldn't have come at a better time for Western Regional Off-Track Corp., which recently signed a four-year deal with FanDuel to offer fantasy sports competition at Batavia Downs Gaming and at some of its OTB branches.

"We are very excited, and since we have a team flying down on Friday to FanDuel headquarters (in New York City) to meet with company officials, the timing of this is very good for Western Regional Off-Track Betting," said Michael P. Nolan, WROTB chief operating officer Wednesday night.

Earlier Wednesday, the governor signed bill S.8153/A.10736 that requires fantasy sports companies to register with, and operate under regulations issued by, the New York State Gaming Commission. It is expected that once fully implemented, the legislation will generate approximately $4 million in revenue to fund state education aid.

Nolan said that he expects WROTB's contract with FanDuel to be approved by the Gaming Commission in time for Batavia Downs Gaming to have its fantasy sports program up and running for the 2016 NFL season.

"Three weeks ago, Nigel Eccles, the co-founder and owner of FanDuel, came to Batavia and we gave him a tour of Batavia Downs and a few of our branches," Nolan said. "With this agreement, Western New Yorkers can expect the FanDuel product to be much more prominent in this area, and we will be bringing more people into Genesee County."

The WROTB-FanDuel partnership is truly that -- "a 100 percent incentive-based partnership," Nolan said.

"We feel that FanDuel is the best fantasy sports provider in the world and that's who we want to be associated with," he added.

Nolan said that he along with WROTB President Henry F. Wojtaszek and a few other members of the project's operations team will be going to New York City on Friday. He noted that while other race tracks and casinos in the state have voiced opposition to legalizing fantasy sports (claiming that it would hurt their businesses), WROTB management sees FanDuel's "synergy" with Batavia Downs Gaming's business model and "agreed that this was the best direction to proceed."

The governor's action ends a battle between New York State and the fantasy sports companies (Draft Kings is the other major player). State Attorney General Eric Schneiderman had unleashed investigations, lawsuits and regulations to shut them down, calling them illegal gambling ventures that raked in around $200 million in entry fees from more than a half-million customers in New York in 2015.

In signing the bill, Gov. Cuomo said in a press release that "daily fantasy sports have proven to be popular in New York, but until now have operated with no supervision and no protections for players. This legislation strikes the right balance that allows this activity to continue with oversight from state regulators, new consumer protections, and more funding for education.”

Interactive (online) fantasy sports are games of skill in which contestants assemble a roster of athletes in a given sport and use the actual performance statistics of those athletes to determine the contest’s winner. Contestants pay fees to enter the contest and, if successful in performing against their opponent, win prizes.

In addition to establishing the means for regulating interactive fantasy sports in New York State, this legislation also takes steps to institute important consumer protections for players for the first time, some of which include offering introductory procedures to new players, identifying highly experienced players, prohibiting the participation of minors and protecting players' funds upon deposit.

Carrie Almond says she is "as stubborn as a Missouri mule" and it is that tenacity that has put "Rosie," the red, white and blue 2015 Thor Palazzo motorcoach, on an ambitious nationwide tour to elect a Republican president by registering GOP-leaning women to vote.

"I came up with the idea and we will keep going until November 7th or until the money runs out," said Almond, president of the National Federation of Republican Women.

She and other members of the NFRW parked the bus at the Old County Courthouse on Monday afternoon in an effort to rally the troops -- women who are leaning toward casting their ballot for Donald Trump.

She was welcomed by Rachael Tabelski, of Batavia, president of the Genesee County Women's Republican Club, and Genesee County Legislator John Deleo, among others.

Almond, an executive vice president of Citizens Bank & Trust, a northern Missouri financial institution, sees 2016 as a "critical election cycle, not only for the nation's highest office but for Republican political leaders down the line. And, during the "Destination: White House" tour that began on Mother's Day and already has hit 24 states, she said she likes what she has been hearing from the public.

"Women that I have heard from believe that this election is bigger than gender," she said. "They are telling me we can't afford a third term of Barack Obama's policies by putting Hillary Clinton in. They are concerned about the Supreme Court, national security, the economy and jobs."

Almond said "Rosie," which is named after Almond's grandmother, has logged 14,000 miles thus far, and will put on at least that many more as a swing to the West Coast is on the itinerary. During a stop in Ohio, Almond said she had the privilege of addressing the National Republican Convention in Cleveland.

"I spoke about the fact that we passed a unity resolution iln March calling for women to get behind our presumptive nominee (Trump) and that we will are traveling by bus to motivate our club members to get the vote out," she said, noting that around 23 million women in the United States are not registered to vote.

Founded in 1938, the NFRW lists a membership of 65,000 women who "do the work," Almond said, tasks such as coordinating voter registration rallies, making phone calls, and working during election days. She said her group has been fundraising continuously in an effort to keep the bus in gear.

"We're dialing for dollars and begging for money every day to keep Rosie on the road," she said. 

For more information about the NFRW or to donate to the cause, go to www.rosie16.com.

Michael D. Kane shares a moment with Pauline Andrews, his executive secretary, following today's Western Regional Off-Track Betting Corp. board meeting at Batavia Downs Gaming. Kane is retiring after five years as the corporation's president and chief executive officer. Photo by Mike Pettinella.

Western Regional Off-Track Betting Corp. directors this morning (Thursday, July 28) said farewell -- sort of -- to President and Chief Executive Officer Michael D. Kane at their monthly meeting at Batavia Downs Gaming.

Kane is retiring after a 17-year affiliation with Batavia Downs, including the last five as the president/CEO. The Dansville native (and former mayor of the Livingston County village) presided over his final meeting today, but will continue on for an indefinite period as advisor to the corporation's new president, Henry F. Wojtaszek, of North Tonwanda, who was promoted to the position after serving as general counsel to the board.

Directors and executive staff members had nothing but great things to say about Kane's work.

"Speaking for the board and our employees, I would like to thank Mike for his leadership and guidance that he has provided to us to take this corporation into the future," said Michael P. Nolan, WROTB chief operating officer. "Furthermore, it is important that we will be able to use his knowlege as he continues on in an advisory capacity."

The board authorized a weekly salary of $1,000 for Kane's services.

Board Chairman Richard Bianchi called Kane a "loyal and dedicated employee," who elevated Batavia Downs to its current level of success and "brought this board together better than I've ever seen it since 2003."

At the close of the meeting, the board celebrated the retirements of Kane and Barbara Hanft, executive assistant to the comptroller, with a birthday cake. Hanft will retire in September after 36 years with the corporation.

In other developments:

-- Nolan reported that the Batavia Downs Gaming Hotel is expected to open by the second week of September, adding that crews will be installing furniture in the rooms starting at the fourth floor and working their way to the first floor. The $7.5 million, 84-room hotel is being built by ADK Hospitality, a group of Buffalo investors.

-- The Downs' valet parking area has been moved from the south side of the facility to the front, and the parking lot will be reconstructed in certain areas in the coming weeks to make it safer for pedestrians entering the Park Road building, Nolan said. He also said a temporary covering over the entrance, which will mimic the completed project, will be in place within the next few months.

Valet Parking Update -- 6:30 p.m.: Downs' officials announced via Facebook that the valet parking will return to the south entrance due to concerns voiced by their patrons.

-- Nolan and five other WROTB representatives will be traveling to New York City to meet with officials of Fan Dual, a fantasy sports contest that will be offered at Batavia Downs. "We are looking to integrate our business relationship (with Fan Dual) in order to be up and running, when and if the governor (Andrew Cuomo) signs the bill."

-- WROTB's second quarter distributions to its Western New York counties totaled $867,364, about 21 percent more than earnings distributions for the same time period last year. In June, the surcharge for distrbution was $122,000 and earnings were $227,000. EZ Bet (wagering through terminals at sports bars) year-to-date handle is up $38,000 from 2015, and Batavia Bets (online wagering) was up 36 percent in June, 10 percent this mornth and 10 percent for the year.

-- The board welcomed a new director -- Elliott Winter, of Niagara County.

The Batavia Town Board on Wednesday night approved payment of additional expenses for work on the Townline Water Project and for engineering services for the Townline and Pratt Road water districts and the West Main Street Road Sewer District.

In unanimous votes, the board:

-- Agreed to pay a $47,680 change order submitted by Sergi Construction of East Aurora, which previously had won a bid for a $2.4 million contract for the construction of approximately 107,000 linear feet of 8-inch and 12-inch water main, valves, hydrants and related equipment along various roads in the towns of Batavia, Oakfield, Elba and Stafford.

The added funds were needed to cover the cost of furnishing and installing new 8-inch waterline with two hydrants and service, and the installation of 2-inch PVC at the Genesee County Fire Training Center on State Street Road.

-- Authorized payment of $16,061 to Visone Construction of Depew, which previously was awarded a $3 million contract for the same Townline Water Project. The increase was needed to cover the cost for new connections along Oak Orchard Road to the Village of Elba, and for an emergency water main break in Elba two months ago.

-- Approved payments to Clark Patterson Lee for additional design and construction inspection services for the Townline Water District ($66,900), the Pratt Road Water District ($9,600), and the West Main Street Road Sewer District ($21,000).

The board also OK'd a couple of resolutions in connection with sanitary sewer service with Western Regional Off-Track Betting Corp.

One of them was an amendment to a sewer service agreement that calls for WROTB to pay for construction of an extension of a sanitary sewer service line if requested by the Town, based upon requirements of future need or development; and the other was a resolution granting the Town of Batavia an easement from WROTB to maintain the sanitary sewer located on the east side of Batavia Downs Gaming and any future extension up to the south end of Richmond Avenue.

Three parcels of land situated west and north of the NYS Thruway are keys to the Town of Batavia's future development, Town Planning Board members said Tuesday night as they forwarded a recommendation to the Town Board to place them in the "priority" category of Genesee County's Smart Growth Plan.

Town planners unanimously voted in a favor of a motion by Paul Marchese to move these parcels which had been "reserved for development" -- 500 acres behind the current Town Hall on West Main Street Road, 100 acres near Wal-Mart on Veterans Memorial Drive, and 600 acres owned by Gordon Offhaus west of Route 98 and north of Federal Drive -- to "priority development area" status for Smart Growth.

"These areas meet the comprehensive plan and our outlook on development, and being part of the Smart Growth Plan eliminates obstacles (to potential developers) and streamlines the process," said Town Building Inspector Daniel Lang.

Lang provided details about the three parcels as follows:

-- Called "Townville" by the planning board as they work through their meetings, the parcel behind the Town Hall is earmarked for a "Town Center" -- a mixed-use, high-density development featuring commercial and residential structures, including town houses. Form-based building codes are being used and a design is already in place.

-- The area near Wal-Mart already has generated a "high volume" of interest from commercial developers, and is enhanced by the fact that a portion of that site is part of the Smart Growth Plan.

-- The Offhaus property has been designated as a Planned Business Development (PBD) area reserved for a large-scale project.

In other aciton, planners:

-- Approved a site plan review for a 3,000-square-foot addition to the transfer station operated by the Genesee ARC at 3785 West Main Street Road.

According to Paul Saskowski, ARC director of operations, the facility -- to be called The One-Stop -- will be modified to feature drive-thru service and will offer trash drop-off, recycling and a redemption center, as well as secure shredding. He said the work will be done by D.A. Tufts Construction of Batavia.

-- Set a public hearing for Aug. 16 for a proposed Fairfield Inn on Federal Drive. The public hearing is needed since the developer, Oakfield Hospitality, LLC, is seeking to build the hotel in an industrial park. The final determination will be made by the Town Zoning Board of Appeals.

-- Approved a 42-inch wide by 60-foot long backlit sign for the new hotel at Batavia Downs Gaming. The sign will read "Hotel at Batavia Downs."

The Batavia Planning & Development Committee on Tuesday night approved a slightly modified plan to enclose a 1,700-square-foot patio on the west side of City Slickers Bar & Grill at 59 Main St.

Owner Ken Mistler's request focused on making the patio a bit smaller than what had been previously approved (in July 2014), reducing the size from 99 feet to 64 feet, and adding a small awning over the structure, which will feature six 12-foot, 6-inch retractable overhead doors -- four on the west side and one each on the south and north sides. The patio is located in an area next to M&T Bank.

"Patrons will be able to access (the patio) from the restaurant and also from the side and front of the patio," Mistler said, noting that the project will cost around $60,000. "(By enclosing it), we hope to utilize it more, especially in inclement weather."

Last week, Mistler's proposal was approved by the Genesee County Planning Board.

The patio will be able to seat 61 people, said Mistler, who added that he hopes to complete the project within the next several weeks.

In other action, the committee:

-- Approved a request by Michael Mammano, sign company agent, to place two lighted signs on the building at 69-71 Main St., which is being transitioned from First Niagara Bank to Key Bank. One sign will measure 2 feet, 8 inches by 17 feet, 10 inches and will go on the north elevation of the building and the other will measure 2 feet by 13 feet, 5 inches and will be placed on the south side of the building.

-- Approved a request by Batavian David Pero to subdivide property on Webster Avenue, the site of his sons' disposal business, Trash Away, LLC.  The larger parcel, consisting of vacant land, will not be used for any commercial venture at this time, Pero said.

-- Recommended that the City Zoning Board of Appeals denial a request by Randy White to create a second driveway -- measuring 16 feet wide by 60 feet long -- on his Lyon Street property. The board was not in favor of the additional overage and the fact that the applicant would be turning a larger portion of his yard into a second driveway.

The Genesee County Economic Development Center's proposal to create access roads to alleviate traffic on Town of Alabama roads in preparation for the arrival of 1366 Technologies was met with approval Thursday night by the Genesee County Planning Board.

County planners, at their monthly meeting at County Building 2, voted in favor of the construction of two access roads on the Western New York Science & Technology Advanced Manufacturing Park in a single recommendation, ruling that the roads -- one running from Route 77 to Crosby Road and the other running from Crosby Road to the 1366 Technologies solar wafer manufacturing facility's property line -- pose no significant countywide or inter-community impact.

The board was concerned, however, about the possibility of traffic having to stop and lining up on Route 77, a major highway that runs to the NYS Thruway interchange in Pembroke.

Mark Masse, GCEDC's senior vice president of operations, said the plan to divert major construction traffic down these access roads, with turning lanes at the main entrance, is subject to approval by the state Department of Transportation. Masse noted that the DOT currently is reviewing a permit application from the GCEDC.

"We are looking to put in the two roads and reinforce and widen a section of Crosby Road," Masse said. "We're also proposing a left-hand turn off of Route 77 onto the STAMP site, but nothing can be done until DOT approves it."

The GCEDC proposal also must go before the Town of Alabama Planning Board.

The Massachusetts-based 1366 Technologies will be the first tenant at STAMP, taking up about 105 of the 1,250 acres available for development.

The county Planning Board welcomed a request from the entire Village of Oakfield to implement comprehensive plan updates, zoning text and map amendments in line with recommendations of the Green Genesee Smart Genesee project, and to write form-based codes for a portion of the village.

The board's approval came with wording that the village's plan represents "a large step forward for land use policy and regulations" and its form-based code governing future development will "respect the traditional character of the downtown and that of the surrounding residences."

County Planning Director Felipe Oltramari went even further, stating that Oakfield's strategy is on the "cutting edge" and he wished that "everybody in Genesee County adopt something like this." He said Oakfield's model is not quite complete as officials "are tweaking it" to meet the village's specific needs.

In other action, the board:

-- Approved, with modifications, a request from Oakfield Hospitality, LLC, (the Patel family from Erie, Pa.) for variances for a freestanding sign area, number of signs and building height for a proposed Fairfield Inn & Suites to be built on Federal Drive in the Gateway I Corporate Park off Route 98 near the Thruway interchange.

The board voted to allow two signs on the four-story, 62-room hotel, not four as requested. After discussion, Sean Hopkins, a Williamsville attorney representing the Patels, revised the request to three signs, but the board opted to allow signs on the east and south sides only.

Planners did not object to a freestanding sign area of 147 square feet, which is more than the 100-square-foot maximum allowed, or to the 51-foot proposed height of the building, which is 11 feet higher than allowed. Since county planners can only recommend, the final decision on the number of signs is in the hands of the Town of Batavia Planning Board and Zoning Board of Appeals.

-- Approved an update to the Town of Bethany's comprehensive plan, which also is deemed to be "in harmony" with the County Smart Growth Plan and Agricultural and Farmland Protection Plan. The board wrote that Bethany's plan addresses timely issues, including renewable energy.

-- Approved exterior changes, specifically a patio, at City Slickers Bar & Grill at 59 Main St., Batavia; two wall signs at Restore, 230 Ellicott St., and a 3,000-square-foot additon to the Genesee ARC recycling center at 3785 W. Main Street Road, Batavia.

-- Approved, with modifications, a sign permit fot a 126-square-foot window sign requested by Victor Marchese, owner of Main Street Pizza, 206 E. Main St., Batavia, stating that the window size is significantly more than the City's 25-percent maximum standard, which, in this case, would be 31.5 square feet.

Batavia City Council took less than 30 minutes Monday night to decide to pursue a state Community Development Block Grant for $50,000 -- and commit another $50,000 in matching city funds -- for a Citywide Stormwater Capital Improvement Plan study, and to approve 10-year cable television franchise agreements with Community Cable Corp. and Empire Video Services Corp., and appoint numerous city residents to a trio of committees.

City Manager Jason Molino said his proposal to Council regarding the CDBG deals with a project that "best aligns" with the city's strategic plan, and follows up on the city's commitment to investiing in its infrastructure, which has resulted in a state-recognized water and sewer capital plan.

"The grant will help us to study the flood plain, which has about 1,400 properties, in an effort to prevent future flooding, and it also will take into account the 'Big Ditch' -- the massive stormwater culvert that runs from Walden Estates on Bank Street to Ken Barrett's (auto dealership, and out to the Tonawanda Creek)," Molino said. "The mapping of it and determining the status of it will be incorporated into part (of the study)."

Molino said the city has previously capitalized on CDBG money in the form of housing rehabilitation, microenterprise (small business) grants and infrastructure funding. He said planning -- in this case, preliminary engineering reports -- is a fourth component of the program administered by the NYS Office of Community Renewal.

He estimated the entire stormwater study would cost about $100,000, which is why he urged Council to include a $50,000 match -- an amount well above the required 5 percent local match. Molino said he believes the increased city contribution would enhance Batavia's chances of getting the grant.

Council voted unanimously to schedule a public hearing for July 20, as required by law, and also to submit an application for the grant by the July 29 deadline. In order for the city to be eligible to apply for the grant, it has to show that at least 51 percent of the persons who would benefit from implemention of the plan are low- to moderate-income persons.

"Because this is a citywide project that impacts all residents, we would be able to use all the census tracts (thus meeting the criteria)," Molino noted.

He said notification of the grant would come around December.

In other action, Council:

-- Approved cable television franchise contracts with North Penn Video and Empire Video Services of Prattsburg, which in reality is one company with two DBAs (Doing Business As). The resolution stated that the city believes the company has the "financial, legal and technical ability to provide these services" and "can reasonably meet the future cable-related community needs and interests."

As a result of this action, Empire Video Services now will be competing with Time Warner Cable, another city franchisee, for residents' cable TV business.

-- Appointed the following to city committees/boards -- Youth Board, Page Wasilewski, Councilperson Brooks Hawley; Audit Advisory Board: Marc Staley, Nicholas Harris, David Leone and Councilpersons Adam Tabelski and Paul Viele; Deer Management Committee: Kenneth Alfes, Gus Galliford, Mike Freeman, Dann Neale, Joe Rowbottom, Al Hemer, Ryan Whitcombe and Councilperson Paul Viele.

-- Moved to the Aug. 8 Business meeting a proposal to accept a supplemental agreement, called Marchiselli funding, that would reimburse the city for the cost of the design aspects of the Summit Street Reconstruction Project.

This is a program that offers a 15 percent funding grant to the project through New York State, in addition to the 80 percent funding already approved through the Federal Highway program, Molino said. Public Works Director Matthew Worth said he expects "double digit" numbers of supplemental agreements as the project progresses.

-- Moved to the Aug. 8 Business meeting a request by the city firefighters' union to open a one-year window for entrance into a more lucrative state retirement benefit plan. Molino said the one-time past service cost will be $27,441 and the estimated annual cost for this fiscal year will be $5,485.