The chairperson of the Batavia Downs Operations Committee this morning urged the Western Regional Off-Track Betting Corp. board of directors and senior management to take a proactive approach toward the placement of an outdoor smoking area at the Park Road establishment.

Edward Morgan (photo at right), who represents Orleans County on the 17-member board, said the powers-that-be at Batavia Downs Gaming “need to move ahead” in case the smoking waiver now in force is terminated.

Currently, Batavia Downs Gaming has an indoor enclosed smoking room only.

“The two-year waiver could be gone any day,” Morgan said at today’s board meeting. “We need to be prepared, even if it’s just a small heated outside area with no machines in it.”

Morgan said he visited the Del Lago Resort & Casino in Waterloo recently to check out its smoking accommodations. He reported that a 50- by 150-foot area, featuring about 150 gaming machines, has been installed outside – “exposed to all the elements."

“From the looks of it, people seem to use it to smoke and then go back inside to play,” he said, adding that he saw about a dozen people in the area during his midweek midday stop.

Morgan pointed to Batavia Downs Gaming surveys that reveal “how important it is to some of our patrons to be able to smoke at a machine.”

Scott Kiedrowski, vice president/operations, said that although a tri-county commission has approved a waiver for another two years, “there’s always a fear that something might change in the health department regulations or state regulations and we could lose our smoking designation.”

“A lot of casinos in the area and throughout New York and other states might have some stringent smoking requirements,” he said. “They have some outdoor areas, called smoke gardens, if you will, that are heated and covered with games outside … to have the ability to have smoking on the property but not inside the building.”

Morgan said it would be prudent for the board and management to start looking at options, including the location of an outdoor smoking area.

“Even if it was outdoors and heated, with no machines,” he reiterated.

If and when iGaming comes to New York State, Western Regional Off-Track Betting Corp. officials say they want a piece of the action.

Speaking about the corporation’s lobbying efforts in Albany, President and Chief Executive Officer Henry Wojtaszek said that he is keeping abreast of a bill that would allow iGaming in New York.

“Six states actually have it already and they’re reporting record levels (of revenue),” he said during this morning’s board of directors meeting at Batavia Downs Gaming on Park Road.

An internet search of iGaming reveals that it’s an increasingly popular form of mobile betting or gambling that includes Casino games, real money slot games, sports betting and horse race betting. Per Transparency Market Research, the iGaming sector is set to generate $100 billion by 2024.

“iGaming is something that’s being proposed by State Senator (Joseph) Abbaddo (Jr.), who’s the chair of the Senate Gaming Committee,” Wojtaszek said. “He’s submitted it as a bill and it allows for mobile or remote gaming on your computer or on your phone.”

Wojtaszek said Batavia Downs Gaming would be asking to be included in this opportunity, along with Finger Lakes and Buffalo Raceway.

“We would be looking to establish an online platform, as well as other casinos across the state, so that we can be competitive within the industry,” he said, noting that WROTB’s Batavia Bets interactive online platform covers harness race betting only.

Currently, the other six states that permit iGaming are New Jersey, West Virginia, Michigan, Delaware, Pennsylvania and Connecticut, he said.

Abbaddo, a Democrat who represents the 15^th District (Queens), recently spoke about the bill, which moved forward into the State Assembly on Feb. 3.

He cited projections that iGaming would surpass mobile sports betting (which already is legal in New York State) and urged his colleagues to pass the bill into law.

“Every year we don’t do iGaming in New York, if you do the math, there’s roughly $4 billion lost – if you think of it that way; revenue lost – and lost to another state and to the illegal market,” he was quoted as saying.

Abbaddo said his goal was to get the bill passed by the end of this year’s legislative session.

In other developments:

• WROTB directors approved the promotion of Danielle Fleming to the Director of Human Resources position, a move up from her current role as payroll supervisor.

“We had three excellent candidates from within who applied and Danielle is the one who has been recommended for hire,” Wojtaszek said, adding that she started in the marketing department before moving to payroll. “She is very smart and very talented and we’re glad to have her here.”

• Batavia Downs harness racing’s handle in January and February 2023 represented a 35 percent increase from the handle at Buffalo Raceway for those two months in 2022. There had been no January-February racing at Batavia Downs previous to this year, when WROTB officials reached an agreement with the Western New York Harness Horsemen’s Association to conduct a slate two or three days a week during those months.

Wojtaszek called the limited meet a “great success” and will be exploring continuing it in 2024 depending on the WNYHHA’s position.

• Directors voted to enter into a contract with PPR Energy to provide the infrastructure needed to prepare for the installation of 16 electric vehicle charging stations at Batavia Downs Gaming.

Wojtaszek said the stations would be built in two locations – 12 of them in the general parking lot and four in the valet parking area. Right now, there are two EV charging stations in the valet parking lot.

• WNY Tile and Stone Corp. of North Tonawanda has been hired to install new floor and wall tile on the second floor in the restroom area at Batavia Downs Gaming and the same in the Park Place banquet room and boardroom on the first floor at a total cost of $160,000.

It was reported that the expense would be covered by insurance, stemming from flooding at the facility several months ago.

Additionally, directors approved a $69,900 contract with Painters Plus Home Decorating of North Tonawanda as the lowest bidder to paint the 67 rooms at the Hotel at Batavia Downs.

• Directors voted to purchase a block of eight tickets with parking from Live Nation for the 2023 concert series at Darien Lake at an amount not to exceed $30,000.

“Leadership matters” and that, according to the directors of Western Regional Off-Track Betting Corp., is why Richard Bianchi of Monroe County is continuing on as the public benefit company’s chairman of the board.

“It’s my honor and pleasure to nominate (Bianchi) as chair because leadership matters,” said Director Dennis Bassett, who represents the City of Rochester, as he wholeheartedly endorsed the Monroe County delegate for a 13^th consecutive one-year term. “He has taken us through tough times and through it all, I have learned that leadership matters.”

Bassett, speaking at this morning’s board meeting at the Park Road facility, said that Bianchi has the corporation’s “best interest at heart” while making the tough decisions and presenting a vision that has resulted in the purchase of a hotel, expanded summer concerts and providing exhibit space for public events.

“We’re experiencing our best years in OTB history and it is the direct result of the leadership of our board chair,” Bassett continued. “There has been sniping at the heels of the chair and this organization, but we have persevered.”

Director Richard Ricci (Seneca County) seconded the motion – noting that Bianchi “gives his heart and soul to this place” – before the board voted unanimously in favor of Bianchi.

That vote was followed by a unanimous vote to keep Edward Morgan (Orleans County) as the vice chair, a position the Murray resident has held for four years.

Bianchi thanked the board for its support, praising the directors’ work as well as the job done by WROTB officers, management and rank-and-file employees.

“The current board is more engaged than ever,” he said. “Let’s just keep up the great work.”

WROTB President/CEO Henry Wojtaszek echoed Bassett’s sentiments.

“Under Mr. Bianchi’s leadership, we have really good morale here with the workers, we've resolved a lot of the labor issues … and the business is at an all-time high,” he said. “And I think the outlook for the future is very bright. The physical plant is in great shape and WROTB is in the best shape it has ever been in.”

In other developments from today’s board meeting:

• Directors voted to contract with Mind Squad Consulting LLC of Orchard Park for up to $75,000 for training and professional development for WROTB’s key officers, starting with Wojtaszek and VP/Administration William White.

“Bill and I will enroll initially and then we will see the results of that type of training. If we think it is beneficial, we will continue on and then we’ll send our other two officers (Chief Financial Officer Jacquelyne Leach and VP/Operations Scott Kiedrowski),” Wojtaszek said.

He said the leadership team has done its “due diligence” regarding Mind Squad Consulting, with the goal to “have us operating at the highest efficiencies that we can.” He said the training will consist of in-person and virtual sessions, lasting up to eight months.

• The board authorized the purchase of a suite at Highmark Stadium for Buffalo Bills’ games for the next four seasons in the amounts not to exceed $109,000 for 2023, $113,000 for 2024, $117,000 for 2025 and $117,000 for 2026.

The resolution states that the expenditure is in line with WROTB’s “ongoing patron attraction and retention program … to provide entertainment event tickets for a certain level of our patrons as well as for special promotions.”

In a related move, directors approved spending $51,878 with Mark-It-Smart of Santa Ana, Calif., for Buffalo Bills’ clogs, coaster sets, backpacks and coolers to be used as promotional items.

• The board extended a contract with Kim Crawford to provide consulting services in respect to the surfacing and banking of the harness horse racing track for the 2023 winter meet that is currently taking place.

WROTB will pay Crawford an additional $21,000 to the previously agreed upon contract of $65,000 for 2023.

• Leach reported that $49,780 in surcharge from November activity will be distributed to the corporation’s member municipalities.

Photo: From left, Henry Wojtaszek, Richard Bianchi and Edward Morgan. Photo by Mike Pettinella.

With one month remaining, 2022 is shaping up to be another record year for Batavia Downs Gaming as actual earnings are well ahead of management’s expectations.

Speaking this morning following Western Regional Off-Track Betting Corp.’s board meeting at the Park Road facility, Chief Financial Officer Jacquelyne Leach said the outlook for distributions to the public benefit company’s 17 municipalities is extremely positive.

“Combined earnings and surcharges could very well be anywhere between $8.5 million and $9 million in distributions this year,” Leach said. “It’s a record year.”

That number represents a difference of more than $3 million from what Leach and WROTB officers projected in their 2022 operating plan. She said their conservative “budget” was crafted after taking several factors into consideration.

“Well, we looked at a couple of things,” she said. “On the pari-mutuel (harness horse racing) side was the (potential) impact of sports betting being legalized in New York State. And on the other side, the gaming side, we had the Park Road (Reconstruction) Project, and we didn’t know the effects of the road being torn up.”

Leach also said management wasn’t sure if COVID-19 would rear its ugly head again.

Looking ahead, the 2023 operating plan is calling for $6 million in revenue distribution to the municipalities -- $5,381,976 in operating earnings and $618,734 generated from surcharge.

“For 2023, we have factored in an additional decrease in our pari-mutuel wagering. That's part of it,” she said. “Also, because of the volume of business we're experiencing here at Batavia Downs, we need additional workforce to handle the increased volume.”

She said next year’s plan – which she considers “a fluid and working document” – does not call for any OTB branch closures but, conversely, includes the addition of four E-Z Bet locations.

When it was mentioned that actual figures could exceed projections in 2023 as well, Leach said, “That’s what we're going to try to do.”

Leach reported that $54,370 will be distributed to municipalities, including Genesee County, from October’s activity.

Previously: WROTB preliminary 2023 operating plan shows a 15.9 percent increase in distributions to municipalities

Western Regional Off-Track Betting Corp. management and union employees at the public benefit company’s branch locations have agreed to a pay contract that will give the workers at 3.5 percent raise for 2022.

The agreement was announced this morning at the WROTB board of directors meeting at Batavia Downs Gaming on Park Road.

WROTB President/CEO Henry Wojtaszek said it is a three-year pact extending through 2023. The supervisory and non-supervisory branch employees will get the 3.5 percent retroactively back to the first of the year.

The percentage for 2023 has yet to be determined, he said, but noted that the union employees will receive the same pay increase that the rest of the corporation’s employees receive.

“It has been a few years since they've been negotiating and this contract will take them to the end of next year -- to the end of 2023,” he said. “We're very happy and excited to have it completed. And we look forward to a great working relationship.”

Wojtaszek said changes in the contract focus on some work rules related to branch operations and the amount of employee contribution to the health insurance premium.

Each side has “ironed out some of the contribution limits for health insurance,” he said, adding that the union agreed to paying 5 percent of the cost for health insurance.

WROTB officials have been looking at the health insurance issue in recent months, stemming from a report from the New York State Comptroller’s Office and questions from Western New York lawmakers about the “gold plated” coverage given to the board members.

Wojtaszek said there is a good chance the 5 percent contribution will be put in place for all of the company’s employees.

“We certainly intend to suggest that and make that as a recommendation,” he said. “It’s a reasonable amount to have. Again, I think the best part about it is that we were looking to have everybody in the company (including directors) contribute for their health care.”

He credited VP/Administration William White, Payroll Supervisor Danielle Fleming and consultant Carl Monti for their work in reaching the agreement, which will affect about 60 supervisory and non-supervisory employees.

WROTB has pared its branch operations significantly in recent years. Currently, there are nine “brick and mortar” locations, plus Dial-A-Bet and Intertrack Wagering at Batavia Downs.

The Batavian has reached out to Antonella Rotilio, labor relations representative for the Long Island-based United Public Service Employees Union, for comment.

In other developments:

• Wojtaszek mentioned “the great curb appeal for the public” when asked to comment about the completion of the Park Road Reconstruction Project.

“It’s beautiful … It's showing now in our ability to have catering events and other trade shows,” he offered. “The people that are coming in to look at the place are really impressed with the way it looks as you approach the building now.”

He said enhancements paid for by WROTB, such as lighting and trees, have been installed.

“The trees have to grow in and then the grass has to grow a little better, but everything's been seeded and everything has been planted. The light fixtures – the street lights – (are in) and we will add some flags and other measures that will make the approach look even better,” he said. “We will be starting out with American flags for Veterans Day.”

• Batavia Downs Gaming staff will be renovating three bathrooms and installing new carpet tile on the second floor – work necessitated by extensive flooding when a pipe burst in mid-September.

The board approved a contract with Tarkett USA, Inc., for carpet and tile in the amount of #28,857.40, to be installed in the administrative, information technology and finance departments, and an expenditure of up to $130,000 to rebuild the bathrooms to current standards.

• Chief Financial Officer Jacquelyne Leach reported third-quarter earnings of $2,230,525, which will be distributed to member municipalities. Genesee County is set to receive $47,228 of that money, plus another $1,040 in September 2022 surcharge.

The corporation’s total handle for last month was $4.6 million, down about 10 percent from September 2021, while the video gaming “net win” was $6.4 million, up by about 2 percent from the same period last year. All told, operational earnings for September rose by 66 percent to $693,628.

A U.S. District Court judge today dismissed a lawsuit against Western Regional Off-Track Betting Corp. that was filed by Michael Nolan, a former chief operating officer of the public benefit company based in Batavia.

Justice William Skretny, representing the Western District of New York in Buffalo, based his ruling on a statute of limitations issue regarding Nolan’s claim that his First Amendment rights were violated when the corporation’s leadership allegedly retaliated against him for talking to federal agencies about alleged improprieties.

Nolan contended that he was fired from his position in December 2020 after being ostracized since April 2019 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.

WROTB officials retained legal counsel to fight the allegations – eventually filing a Motion to Dismiss -- and the matter has been tied up in court until today’s ruling.

“We are gratified by today’s District Court decision,” WROTB President and Chief Executive Officer Henry Wojtaszek said in a press release. “From the beginning we have stated that these accusations were politically motivated.  We continue to believe that any thorough examination of the facts would show Western OTB acted in an appropriate and professional manner.

“The ruling by Judge Skretny was clearly well researched, well-reasoned, and came to the right conclusion. We will continue to focus on being a model OTB in the state and providing our customers with the best possible experience. Results matter, and the leadership at WROTB has made decisions that have resulted in record revenues being disbursed to our partners in local governments across the area. We look forward to building on that success now that these baseless allegations have been dismissed.” 

In his ruling, Skretny wrote that since Nolan’s claims alleging First Amendment retaliation ran from the first alleged instance of retaliation, “accruing not later than April 30, 2019.” Another complaint dated August 2021 came too late, the judge ruled, citing the statute of limitations at 1 year and 30 days after the first alleged instance.

“Therefore, Plaintiff’s (Nolan’s) First Cause of Action for First Amendment retaliation is dismissed as untimely and Defendants’ (WROTB) Motion to Dismiss … this cause of action is granted.”

Skretny concluded by stating that “absent an original jurisdiction claim, this Court also declines to exercise supplemental jurisdiction over Plaintiff’s remaining state law claims and dismisses them without prejudice. Thus, Defendants’ Motion (id.) to dismiss the Second through and Fifth Causes of Action is granted. Therefore, Defendants’ Motion to Dismiss … is granted and the case is closed.”

In August 2021, attorney Steven M. Cohen of HoganWillig, PLLC, of Buffalo filed a lawsuit on behalf of Nolan against WROTB, Wojtaszek and Richard Bianchi, chairman of the board of directors. The suit asked for Nolan to receive $4.5 million for violating his First Amendment rights (First Cause of Action), plus another $4.5 million for breaking the state’s Civil Service Law (Second Cause of Action) and additional $5.5 million for emotional pain and suffering (Third Cause of Action).

The Fourth Cause of Action sought indemnification and/or reimbursement of Nolan's attorneys’ fees from WROTB for representation for his appearance before the federal Grand Jury, and the Fifth Cause of Action alleged that WROTB violated New York Labor Law by retailing against Nolan.

Wojtaszek, in the press release, said he believes the dismissal once again vindicates the corporation.

“WROTB has won another victory in court against a frivolous attack on our operations. This is our fourth victory this year, against what appears to be a never-ending string of attacks by those with an ax to grind,” he said. “As we stated during our meeting with our 17 member counties last week, we have done much to improve the transparency and accountability of our organization, but many of the charges that were thrown at us were simply unfounded, and that was again underscored today in federal court.

“Lawsuits get dismissed when people miss deadlines. It must not have been a priority for Mr. Nolan or his attorney, which sometimes happens when you start with a baseless claim.”

WROTB was represented by Daniel Oliverio and Aaron Saykin of Hodgson Russ, a Buffalo law firm.

An email was sent to Cohen on Thursday morning, seeking comment on the decision.

Developing an effective promotion and marketing strategy at Batavia Downs Gaming sounds like a challenging assignment. Marketing Director Ryan Hasenauer and his staff, however, have been equal to the task as revenues for the gaming/harness horse racing facility and hotel on Park Road continue to surge.

The Batavian sat down with Hasenauer (photo at top, pointing to "wall of fame" at the Batavia Downs clubhouse) to talk about his team’s efforts to increase the customer base at the entertainment venue operated by Western Regional Off-Track Betting Corp., a public benefit company that distributes a portion of earnings plus surcharge to its 17 member municipalities.

Hasenauer, 41, is a Rochester native who earned his bachelor’s degree in Sports Management and Master of Business Administration from Medaille College (now University) in Buffalo before taking marketing positions with a software company and tanning salon chain.

He joined the marketing department at Batavia Downs in 2007, serving as director of marketing since October 2010. He and his wife, Elise, and their 7-year-old son, Theo, live in Hamburg.

Q. What is the overarching strategy when it comes to promotions? Your board of directors just authorized an expenditure of $600,000 for promotional items for the year – that’s a huge amount of money.

A. You’ve got to spend money to make money – that’s like one of the oldest adages in the book. What we do here at Batavia Downs is we implement two types of strategy – whether it’s horse racing, gaming, for the restaurants, the hotel. All those things basically work together as amenities for each other to basically accomplish two goals. One, attract new people to the facility and two, retain the people that we already have that enjoy coming here. And of course, if you're new, then you become an existing person. So, now I'm working hard to maintain your loyalty.

Q. It seems as though it is a very competitive industry?

A. The gaming landscape in Western New York is quite saturated. You've got one just south of Rochester, you've got one between Rochester and Syracuse, you've got several pinpointed around the Syracuse area and towards Utica, you've got one in Buffalo, we've got one in the Falls, you got one down to Alleghany and even got a few across the way just across the border into Canada now that Canada's opened up again. So, we have to be smart about our strategies because we are one of the smallest gaming facilities in New York State.

Echoing what Henry (Wojtaszek, WROTB president) has said many times, we try to see ourselves as the “Cheers” of casinos – we know your name. You can be a big fish in a small pond here. When you go to some of these other larger facilities, you're just a number to them. To reap some of the things you might want to get from a gaming facility, you have to be a very, very big player in those places to be even considered to get invites for a dinner tickets to a show on site or to a game, like the Buffalo Bills or whatever. Whereas here, we feel like we have a better relationship with our players. We know their names, we know their likes, their dislikes and you can still have access to some of those great things.

Q. What are some of the promotions that Batavia Downs offers?

A. If you're in the email club, for some of the concerts, you got an email for free tickets to our shows outside for our drawings on Wednesday nights. And on Friday nights. And coming in October, it'll be Tuesdays and Thursday nights. You can win tickets, whether you're a great player or not a great player. You can win tickets to see the Buffalo hockey team to see the Buffalo football team or the Rochester hockey team. The other places aren't doing drawings with their tickets; they're holding them back and only giving them to certain people. And while we do honor and give some of our higher-end players tickets, everyone has a chance with these drawings.

One of the other great things about doing that is that it drives traffic to the facility. It makes the facility busy because you’re here trying to win tickets to this real big country show that's coming to the facility. You know, when we gave away Garth Brooks tickets, this place was nuts. We gave away two pairs of Garth Brooks tickets on the floor. It was crazy here that night; people were excited to win those tickets. And they went to players that randomly were chosen in the game, which is exciting.

Q. Are you also in charge of lining up events such as dinners, fundraisers or weddings?

A. We have an amazing event staff headed up by Tory (Thompson) and we work together so much it’s like the other side of my brain. And Tory feels the same way about marketing here. People wanting an event here such as a fundraiser or big dinner are going to deal with Tory and she’s going to do right by you.

And we will work with you to help promote your event. I don't know many places that will literally say we will help you promote the event on our Facebook page, with ads in the local media. We take an extra step in making sure that if your event is a public event, we want you to succeed because what do we want? We want people here. It’s only smart for us to that.

Q. What about the concerts in the summer? Who coordinates that?

A. Things like the Vodka (& Gin) Fest, the Polka Fest, the Kentucky Derby party, all the concerts – those are things that the marketing team handles. The concerts are a total team effort, including the officers, where we get together to decide who's coming and what's going to go on, and what dates are they going to select?

That’s another thing that helps not only drive traffic to the facility, but provides entertainment for the people in Batavia and the surrounding areas. I remember, we had Three Dog Night come here and there was probably 6,000 to 7,000 people …singing along to all those old favorites.

Q. You’ve done a lot of renovation to the (racing) clubhouse.  What has been done there and how are you utilizing it?

A. So, the interesting thing about the clubhouse is that this place was built in 1940s; we opened on Sept. 20, 1940.  At that time, the clubhouse was like the crown jewel of this place, and over the years, it was a great place for people to come and watch the races.

There’s no mistake about it that horse racing is not as popular as it once was. We all get that; we understand that. There are not a lot of places across Western New York, first of all, but certainly across the United States that are actively trying to put money into horse racing spaces where people can enjoy watching horse racing. We put in money into that clubhouse. We put the “wall of fame” up there -- our history, from the 1940s all the way through present day and you could walk up and see it anytime you want.

We raised up the bar from the ground floor to beyond that level and made it so was a more welcoming experience for those who have movement disabilities. That was one thing that many people like to mention was that the buffet was on the top and you had to traverse those stairs. Now the buffet’s on the ground level. And if you have mobility issues, you don't have to worry about the stairs anymore. You go right to the buffet and find a seat where there's no going upstairs and you still have a seat on the window. You still have a great seat to see the horse racing.

Q. Judging by recent events in the clubhouse not related to horse racing, that must be a new wrinkle to your marketing strategy?

A. Because that clubhouse is only open, let's say between 50 and 70 days a year for horse racing, what are we going to do the other 300 days plus? While we do comedy shows there, we also utilize that space for nonpublic events. If somebody needs to utilize that space for a meeting, it’s available. We had Chamber (of Commerce) After Dark and the Zonta Club’s basket raffle. So again, utilizing the spaces that we have here to allow people to have meetings. We had a large meeting inside Park Place and events are scheduled throughout the week, not just on weekends.

Q. On the subject of horse racing, how much has that industry declined since its heyday? And how do you accommodate patrons that follow and wager on horse racing? Are they getting the short end of the stick, so to speak?

A. On the first question, I would have to take a look at the numbers to give you an accurate number. I know that during COVID, horse racing was one of the only things going on. We had that kind of artificial spike that happened in 2020 and in parts of 2021 where it was like, “Well, I can't go anywhere, but they're doing virtual horse racing someplace, I can make a wager on Batavia bets and I can do those things.”

I think what we are doing here at Batavia Downs to make sure that the horse players know that they're not forgotten about is making sure that they still have spaces to conduct that type of entertainment. Putting money in the clubhouse, making sure that that the ITW (Intertrack Wagering) is upstairs across the clubhouse on the second floor here at Batavia Downs. That space was put in when the gaming floor went downstairs, That's a very nice place for people to watch. There's nice chairs, there's ample space, there's vending machines nearby or if you want to go eat, you just go down the elevator, and there’s Fortune’s Restaurant.

(Hasenauer said Homestretch Grill, a smaller sandwich/pizza shop on the first floor is being remodeled and not open yet).

Q. So do you have any specials for the horse players because they're maybe not spending a lot of money on the gaming floor?

A. We’ve come to an agreement with the horsemen’s association to add 15 racing dates in January and February of next year, with racing on Wednesdays and Saturdays and some select Fridays thrown in there as well. We’re going to work to make sure the Homestretch Grill is open to satisfy those patrons and making sure they’re in a clean, comfortable environment.

Promotions include our magnet schedules, T-shirt toss after each race where the winning driver throws T-shirts onto the track apron for those in attendance. Free parking and admission, blanket giveaways. And we’re working with Don (Hoover, director of live racing) on things to make sure that people understand we’re not forgetting about horse racing. A lot of other casinos with racetracks have forgotten about horse racing.

You come here and buy a program, and if you go and earn a point on the gaming floor, we'll give you $5 on the gaming floor. And the program costs two bucks. So, if you're going to gamble anyway on the gaming floor, come and buy a program, earn your point, and then you've got a little bit of money for the gaming floor, too. We're doing things that are tying our racing and our gaming together. That's not something you're seeing at a lot of other places.

The renovated bar at the Batavia Downs Gaming clubhouse. Photos by Mike Pettinella.

The Park Road Reconstruction Project has entered the homestretch and Batavia Downs Gaming officials couldn’t be more pleased.

That’s the word from Henry Wojtaszek, president and chief executive officer of Western Regional Off-Track Betting Corp., and the public benefit company’s board at their meeting this morning.

“It's probably 80 percent complete,” Wojtaszek said. “We expect substantial completion by October 17^th and hopefully we will have two-way traffic on the street (again) in just two to three weeks.”

Edward Morgan, chair of the Batavia Downs Operations Committee, reported that Nov. 30 is the “targeted” completion date.

He said that trees purchased by WROTB are scheduled to be delivered tomorrow – and will take a week to install – and light poles (also purchased by WROTB) will be delivered next week and installed during the week of Oct. 3.

Morgan also said that the facility will feature two valet parking sites – the current one at the south end and a new one at the main entrance “to accommodate those (customers) staying at the Hotel (at Batavia Downs).

Wojtaszek said installation of the trees and streetlights will be handled by CATCO, the project’s primary contractor, and subcontractors.

“We're excited about the possibility of the completion by the second week in October and we look forward to a completed, beautiful project,” he said.

When asked by The Batavian about parking at the lot of the former Kmart building across the street, he said WROTB’s lease with Benderson Development, owner of the property, has expired and that anyone parking there is doing so “at their own risk.”

However, he did say that there is adequate parking for the events at Batavia Downs, and that he could foresee another lease agreement with Benderson should the need arise for concerts next summer.

On another front, the board extended its suite license with Pegula Sports & Entertainment for the 2022-23 Buffalo Bills football season at Highmark Stadium in Orchard Park, and a similar agreement with Rochester Arena LLC for the 2022-23 and 2023-24 Rochester Americans hockey seasons at the Blue Cross Arena.

Both contracts were paused in 2020-21 due to the COVID-19 pandemic, prompting the passage of a pair of resolutions to extend them. The cost with Pegula Sports is $103,200 and the cost with Rochester Arena is $37,150 for this season and $38,250 for 2023-24.

Wojtaszek said ticket distribution for the suites are handled through the WROTB marketing department “in a very professional, promotional way.”

“It'll be a combination of tickets being given away in a drawing on the (gaming) floor, which improves the attendance on our floor and improves foot traffic throughout the building, and then through the host department,” he said. “They’ll find good players and make sure that they offer them to come in and enjoy the experience at a Bills’ game (or Amerks’ game).”

In a related move, the board approved an annual expenditure of up to $610,000 for various promotional items from Mark-It-Smart, Inc., based in Santa Ana, Calif. Items are purchased on a per-event basis as part of a “continuity program,” Wojtaszek said, and include luggage, cookware, purses, barbecue items, camping equipment, glassware and small appliances.

In other action, the board approved the following resolutions:

• Contracts with three Batavia-based companies for a telescopic boom lift, marketing mailers and electrical parts and supplies.

Directors authorized payment of $147,000 to Skyworks, the lowest bidder, for a telescopic boom lift, ending the recent practice of leasing the equipment.

“Now’s the time to take that extra step and purchase it and make it cost-effective for the company,” Wojtaszek said. “It's a safety issue. We have a lot of decent sized projects here, including window washing and construction. It was put into the capital plan, and it was in the budget for this year. The board thought it was prudent to go ahead and purchase it, and I agree.”

The board accepted a bid of $115,000 from Applied Business Systems to send out marketing mailers to patrons and potential patrons over the next year, with an option for WROTB to extend the pact for an additional year.

An agreement to spend up to $25,000 with Falcone Electric for electrical parts and supplies was approved through the end of the year.

• A five-year extension of a contract with IK Systems, Inc., of Victor, at a cost not to exceed $68,444 to provide maintenance and testing services for the facility’s surveillance system.

Wojtaszek said he has been “impressed” with IK’s performance.

“I actually supervise the surveillance department here on site and I interact with them (IK Systems) very often. They are very timely and they're very efficient, So, that’s a five-year contract, sort of at a reduced price because we did it for an extended period of time.”

• Electric and natural gas contracts with Marathon Power LLC and NOCO Gas & Electric, respectively, through Oct. 31, 2024. Both companies submitted low bids, with Marathon agreeing to supply electric at .0645 per kilowatt hour and NOCO agreeing to supply natural gas at 0.675 per centum cubic feet.

Former State Sen. George Maziarz has ended his lawsuit against the Western Regional Off-Track Betting Corp.

On Monday of this week, a “Notice of CPLR 3217 Voluntary Discontinuance” was filed in the Erie County Supreme Court, with pertinent wording as follows:

Please take notice that the Complaint in this case is voluntarily dismissed pursuant to CPLR 3217, without prejudice.

According to New York State Law, CPLR 3217 (a) CPLR 3217 (a) allows a brief window for a plaintiff to withdraw, or voluntarily discontinue, an action, without requiring either a stipulation of any appearing parties or leave of court. Plaintiff needs to serve a notice of discontinuance on all parties before a responsive pleading is served or within twenty days of the service of the complaint.

Contacted by email today through a representative of his, Maziarz replied, “My lawsuit against Western Regional Off-Track Betting has been voluntarily withdrawn at the request of a law enforcement agency.” He had no further comment.

In May, Maziarz, who represented Niagara County in the State Senate from 1995-2014, took legal action against WROTB and its leadership, following up on a state Comptroller’s Office report that officials of the public benefit company misused tickets to sporting events and concerts and provided gold-plated health insurance policies to appointed board members.

Maziarz was suing to have funds returned to WROTB’s 17 member municipalities, including Genesee County.

Attorneys for WROTB proceeded to file a motion to dismiss prior to a ruling. Earlier this month, the state Supreme Court Appellate Division, Fourth Judicial Department, upheld a March 25, 2021 decision by (then) Genesee County Supreme Court Justice Charles N. Zambito that Maziarz was not entitled to attorney’s fees and litigation costs incurred during a Freedom of Information Law proceeding to gain records from WROTB.

The Batavian reached out this afternoon to WROTB President/CEO Henry Wojtaszek for his reaction to the lawsuit’s dismissal.

“As we said when it was filed, this was a frivolous lawsuit and a publicity stunt. We were very confident that it would be dismissed, and it has been,” he said. “We are very happy that Batavia Downs continues to generate increased revenues and that we are able with to return that money to our member municipalities at a record level.”

Wojtaszek added that he and the WROTB board view the dismissal “as an attempt (by Maziarz) to limit his embarrassment in regard to the frivolous lawsuit.”

Maziarz was represented by Advocates for Justice, New York City, while WROTB was represented by Hodgson Russ LLP of Buffalo.

File photo of George Maziarz taken by Howard Owens.

Previously: WROTB hires Buffalo law firm to oppose suit filed by Maziarz; Park Road traffic patterns set to change

Previously: Former state senator with his own corruption history files lawsuit against Batavia Downs alleging corruption