Western Regional Off-Track Betting Corp.

For the first time in several months, the Western Regional Off-Track Betting Corp. board of directors had a quorum at today’s meeting at Batavia Downs Gaming and was able to conduct a bit of business.

Initially, the board elected Dennis Bassett (City of Rochester) as the temporary chair to cover just this meeting, but later on (following several minutes of discussion about other matters), decided to keep him in that position through the November planning meeting.

The unattended resolutions have been piling up, with WROTB President Henry Wojtaszek informing the board that up to 70 resolutions will need to be considered before the end of the year.

With that being said, it was incumbent upon the board to have a chair in place, Wojtaszek noted.

A motion was made to elect Bassett as the permanent chair, but that failed to pass due to the board’s weighted voting system. All board members eligible to vote, except Erie County’s Jennifer Hibit, supported Bassett. However, since Erie County’s vote has more strength, based on population, the motion was defeated. City of Buffalo director Crystal Rodriguez-Dabney apparently was not eligible to vote as she is waiting for licensing from the New York State Gaming Commission.

Subsequently, other motions were brought forward to elect Bassett temporarily – first for October and then into November – and they carried unanimously.

The board did pass a pair of resolutions pertaining to sales of former WROTB branches in Phoenix, Oswego County, and West Ridge Road, Monroe County.

WROTB sold the Phoenix parlor for $750,000 to CM Family Trust and the West Ridge Road branch to Michael J. Cerone for $500,000.

Wojtaszek said he, with assistance from attorneys and procurement staff, did their best to maximize the sale prices.

Chief Financial Officer Jacquelyne Leach said the proceeds from the West Ridge Road sale will count toward the public benefit corporation’s bottom line as distributions in a normal sale but would not have an impact on distributions to municipalities for 2023.

She did say that the Phoenix sale has the “potential” to increase funds to the 15 counties and two major cities.

While admitting that mistakes have been made, the City of Rochester representative on the Western Regional Off-Track Betting Corp. bristled when “alleged corruption” was brought up during his talk with the media following today’s directors meeting at Batavia Downs Gaming on Park Road.

City of Rochester representative Dennis Bassett – who was elected as the temporary board chair through November -- took exception to a Buffalo-based reporter’s query about whether the revamped board was intent “on instituting some reforms and cleaning up alleged corruption.”

“Well, we've got not only (new directors) from Erie (County) and (the City of) Buffalo, but we got a new member from Monroe County, which based upon the way the vote goes, that’s pretty good,” Bassett said, referring to the weighted voting system that was put in by New York State mandate last May. “I’d like to say we've got new board members from Erie, from Buffalo, from Monroe County that add new blood.

“And I think corruption is a is a very strong term. I've been on this board, as I said 14 years, and I don't see corruption. We’ve seen some honest procedural mistakes … and we should be held accountable for that. I'd like to say we did everything perfectly, but we haven't. But I think we -- with good intentions – made mistakes.”

Bassett said the board has addressed the problems such as the use of sporting event tickets, the way mileage is reimbursed and health insurance for board members.

“There's been some stubbing of the toes. And yes, I'd like to say we have done … everything right, but we haven’t,” he offered. “We’ve stubbed our toe. But I can also say that in those areas where we’ve had problems, we have corrected them. And that’s the key thing. We’ve listened. We’ve made some very – I would call it -- enthusiastic decisions, whether it be mileage, whether it be our entertainment, whether it be the things that we can control.”

When asked about the former board, which was dominated by Republicans, he said, “Well, you know, to the victor goes the spoils.”

“I'm a Democrat, registered Democrat, and most of the board members during my time were Republicans. And guess what? I never once felt slighted.  I will continue to say on this board, we make business decisions. We owe the municipalities and the two cities to make the best business decisions we can so we can put money in their coffers.

“We don’t stand and say this is a Republican decision or this is a Democrat (decision). Is it a good business decision? And that has been our mantra since I’ve been on the board.”

When he was asked whether spending hundreds of thousands of dollars over the past two years on lawyers and lobbyists was a good business decision, Bassett said the board didn’t have “the skill set” to ascertain the correct answers.

“We've had to hire counsel because of some of the things – whether it be the Nolan lawsuit (a wrongful termination suit by former WROTB executive Michael Nolan) … and the (FBI) investigations, sadly to say we had to do some of those things because we didn’t have the skill set to answer the questions that were proposed. But I think we’ve weathered that storm, and I don’t think we’ve got to continue down that path,” he said.

Bassett said he sees the “new blood” as a positive for the board. Actually, six new directors joined the board after the shakeup that terminated the previous board – Jennifer Hibit (Erie County), Crystal Rodriguez-Dabney (Buffalo), James Wilmot (Monroe County), Terrance Baxter (Cayuga County), Paul Bartow (Schuyler County) and Charles Zambito (Genesee County).

“I think it’s good,” Bassett said. “And just the new change we made with having people who are really younger and working, for us to be able to Zoom committee meetings so people can take advantage of getting their ideas (out there) is a big step,”

During this morning’s meeting, the board agreed to give directors the option of attending future committee meetings via Zoom videoconferencing.

It also will be looking into a suggestion from Hibit to livestream the board meetings to, as she said, “make the board more transparent and accessible to the public.”

Bassett emphasized that there will be more transparency going forward and talked about having a strategic plan in place beyond one or two years.

“I've shared with the team that we're on top of the world now,” he said. “We're making good profits. We’re having good numbers. But we need to put together a strategic plan so that we can look out for more than one year, and look at more than several months. How do we look in three and four or five years?

“The world is not going to be the same two and three years from now? So how are we planning? How are we getting ourselves ready for some of the things that may happen that cause us not to be having these record earnings.”

A robust list of building improvements is on the table for Batavia Downs Gaming on Park Road.

Senior managers of Western Regional Off-Track Betting Corp. updated board of directors this morning of their plans to enhance the facility, which already has seen extensive renovations in recent months.

Upgrades include new restrooms, expansion of the salt barn, and painting and other improvements to rooms at The Hotel at Batavia Downs, Chief Operating Officer Scott Kiedrowski said.

“We did complete a set of restroom upstairs … and towards the clubhouse, we have completed the renovation of the ladies room, and we’ll be moving to the men’s room as soon as racing quiets down a little bit in the month of November,” he said.

Kiedrowski said the company’s budget included adding storage space to the salt barn, with the work to be done by Batavia Downs Gaming employees.

Concerning the hotel, he said a “walkthrough” of the 84-room inn was conducted last week.

“The suites get the most use – they’re the most popular rooms we have. We’re going to be putting them out of service next week for painting and upgrades to those because of the high turnover rate,” he said.

He said overall the hotel is in “great shape,” adding that he will be scheduling weekly carpet cleaning in the hallways and a reworking of the laundry process, specifically upgrading the dryer system.

Kiedrowski then turned to the grandstands, an area that he said needs attention.

“(President/CEO) Henry (Wojtaszek) would like to make sure that the flooring (in the grandstands) is all uniform, and the ventilation, ceiling and lighting need to be addressed,” he said. “So, you’ll probably see some changes in the grandstands starting the first quarter of 2024.”

He added that Chief Financial Officer Jacquelyne Leach and her team have been working on the installation of a new Point-Of-Sale system called Agilysys, which will replace the facility’s Micro system.

“The Agilysys system is what most casinos across the country use as well as an inventory system to go along with our new warehouse,” he said.

The unveiling of the harness track’s new pace truck is about a week away, he said, noting that the total cost of the vehicle, including the gate on the back, is around $100,000.

“We’ll have that here for probably everyone to see next month, and I believe Henry is working with the director of sales to have one of our vendors wrap that vehicle, which will hopefully pay for any related costs to that.”

In closing, Kiedrowski urged directors to start thinking about the corporation’s strategic five-year plan as it relates to the physical plant.

Director Dennis Bassett (City of Rochester) asked if Scott could choose a couple of board members and a key staff person to be on a committee to oversee the process.

In other developments, the board:

• Learned that live winter harness racing likely will be returning to Batavia Downs in January and February. Kiedrowski reported that talks with Western New York Harness Horsemen’s Association leaders have been fruitful.

“We’re looking at doing it again, the same routine,” Kiedrowski said, noting that the WNYHHA has agreed to cover all expenses of the 16-date matinee meet, which will run on Mondays and Thursdays starting at 3 p.m. 

He said that the cost to conduct the meet last year, considering clubhouse, labor and equipment expenses, was around $322,000.

• Heard that Wojtaszek will be pushing for legislation at the state level to give WROTB more leverage in placing EZ Bet terminals in Erie County. Currently, Buffalo Raceway in Hamburg has veto power over locating EZ Bets within a 30-mile radius of its track.

“I think we could easily get between five and 15 within the next year if that provision is removed,” he said. “So, we will ask those who are responsible for governing those areas to take a real hard look at removing that provision. And that will be probably one of the top priorities that we have in terms of legislation.”

• Inquired about management’s plan for the two smoking rooms when the current waiver expires in 2025. The board is looking for an alternative in case the waiver isn’t renewed.

Wojtaszek said that if the waiver isn’t extended, customers would have to go outside to smoke and that some type of accommodations would be extended to them.

A longtime director of Western Regional Off-Track Betting Corp. this morning threw his unwavering support behind President/Chief Executive Officer Henry Wojtaszek, stating that the public benefit company has “weathered the storm” to produce record results over the past two years.

“We’re excited about how Henry has kept his eye on the ball,” said Dennis Bassett, the City of Rochester representative since 2009 (photo at right), following the monthly board meeting at WROTB’s Park Place headquarters. “He's been a good leader for Batavia Downs. He's garnered the support of the board, and I think we should continue that support moving forward.”

When asked to comment about the legal turmoil that has surrounded WROTB in recent years – pending lawsuits, a critical report from the New York State Comptroller’s Office and a state-mandated reorganization of the board of directors, Bassett said he sees it more as “opportunities” for the corporation.

“Well, I wouldn’t call it turmoil as much as I would call it opportunities for the board,” he responded. “We went through some times where we were questioned about a number of things, and we feel the board has weathered that storm -- we've weathered the storm.

“We have made sure that we made good business decisions with the hotel. We didn't have concerts three or four years ago. We didn't open up the facility to corporate meetings. Now we have close to 100 corporate meetings now. Five years ago, we probably had five or six corporate meetings.”

Bassett said expanding the facility’s use has been the result of “good board input, its business experience and … the help of leadership to make this place a destination.”

He declined to comment on any pending litigation, which includes a whistleblower lawsuit by former Chief Operating Officer Michael Nolan against WROTB, former Board Chair Richard Bianchi and Wojtaszek.

“That is something that I would like to stay away from. I really don't want to comment on those things,” he said.

Bassett defended the previous board’s decision to extend three-year contracts to senior management – an action that took place in May, just prior to state legislation that disbanded that board and put new voting parameters in place (giving more weight to Democrat Party-controlled municipalities, including Rochester).

“I think our decision to do that was very important because it gives us a little stability with our leadership here at Batavia Downs,” he said. “We don’t want good, talented people to be looking elsewhere. So, the contracts showed that with any change in the board and any changes moving forward, we have a solid group of people who can manage the business. And they've been managing it successfully for the last few years. And this year -- and last year – we’ve seen record results.”

VP/Operations Sean Schiano reported at the meeting that the net win for August of $7.1 million puts that month in the top five all-time and that September's net win is expected to surpass the $7 million mark. Net win is the amount money left in the Video Lottery Terminal after paying out customers.

Directors present at today’s meeting were unable to conduct any official business (such as passing any resolutions) because of the lack of a quorum. With directors from Erie County and the City of Buffalo (Jennifer Hibit and Crystal Rodriguez-Dabney, respectively) absent, only 68 percent of the board in terms of voting power was in attendance, Wojtaszek said.

Erie and Monroe, plus Buffalo and Rochester, account for 62 of the 100 votes in the weighted format. Genesee County, the host municipality, has two votes. A group of rural counties is mounting a legal challenge to the state's decision to eliminate the previous board, citing "Home Rule" legislation that has been in place for quite some time.

Wojtaszek said that he expects all of the directors to receive licenses from the State Gaming Commission by the October meeting.

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

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.

By Tim Bojarski for Batavia Downs

For the first time in two decades, Batavia Downs will hold their second opening day card of the year when the Genesee County oval welcomes back the horsemen, horsewomen, their horses and the fans for the 53-day summer/fall meet that starts on Wednesday (July 26) at 6 p.m. and runs through Saturday (Dec. 9). The earlier winter session set several betting records driven by competitive racing and the next 20 weeks promises to produce the same kind of results.

The opening night card Wednesday includes the first visit of the year by the New York Sire Stakes as the 2-year-old trotting colts and geldings will be on hand to compete in one division for a purse of $106,300. There will also be three Excelsior A races that will go for $20,000 each, bringing the total amount of loot up for grabs to $233,300 for that card. 

Henry Wojtaszek, president and CEO of Western Regional Off-Track Betting and Batavia Downs Gaming and Hotel, is excited to welcome racing back to the facility and is appreciative of the many fans that attend the track all season to watch the action in person.

“The excitement of live harness racing begins on Wednesday at the Downs for fans of photo finishes, daily doubles, and exotic wagers and it should  be an electrifying night of fun and entertainment. Our fans will be treated to competitive harness racing and great promotions that tie into our new remodeled Clubhouse, expansive gaming floor and the number one ranked hotel in Batavia. Our staff and those from New York State, will ensure a safe racing meet for drivers and equine athletes and we look forward to everyone joining us for live racing and all the fun that goes with it at the area’s premier entertainment destination,” said Wojtaszek.

The live schedule changes several times throughout the year. Opening week has racing only on Wednesday and Saturday. In August, the action switches to Tuesday, Wednesday and Saturday from August 1 to August 12 and changes to Wednesday, Friday, Saturday from August 16 through October 28. The lone exception is Friday (Sept. 8) which will be dark in lieu of a Labor Day matinee on Monday (Sept. 4). Then in November and December, racing cuts back to two days a week on Wednesday and Saturday through the close of the meet. Post time for all race days is 6 p.m., except the Labor Day matinee that will start at 1:15 p.m.

Once again there is a hearty slate of stake action courtesy of the New York Sire Stakes. The state-bred series will be in action on Wednesday (July 26), Tuesday (Aug. 1), Wednesday (Aug. 2), Tuesday (Aug. 8), Wednesday (Aug. 16), Saturday (Aug. 26) and Friday (Sept. 1).

There are two notable nights of racing this year. The first is Saturday (Aug. 26) when both 3-year-old colt and filly divisions will be on the same card along with the $75,000 Robert J. Kane Memorial Invitational pace, Batavia Down’s signature event. Then on Wednesday (Sept. 13), Batavia Downs was selected to host the NYSS Excelsior finals that will be contested for a total purse of $400,000.

The clubhouse will be open for all race dates and offer a varied menu. Every Saturday will feature a prime rib buffet while the other race nights will be catered by the Center Street Smokehouse. The Railbar will always  be open for live racing.

All the top drivers will be back including Jim Morrill Jr. and Kevin Cummings, who both had the distinction of becoming the first drivers to ever surpass the $1 million mark in earnings in a single meet at Batavia last year. Leading trainers Shawn McDonough, Jennifer Giuliani, Sam Smith, James Clouser Jr. and Dave Russo will also be back along with a host of others.

Don Hoover, Director of Live Racing and Race Secretary at Batavia Downs, is heading into his second year in those positions at the Downs and looks to build upon the successes of last year.

“Overall, I was pleased with the 2022 Summer/Fall live race meet and was pleasantly surprised by the success of the recently concluded January/February winter meet. I look forward to continuing that momentum into the upcoming 2023 Summer/Fall 53-day live race meet, highlighted by the $75,000 Robert J. Kane Memorial Pace and the $400,000 New York Sire Stakes Excelsior Finals,” said Hoover.

Bettors will have plenty of opportunities with a wagering menu that includes three Doubles, 10 Exactas, 10 Trifectas, nine Superfectas, two Pick-3's, two Pick-4's, one Pick-5 and one Jackpot Super High Five available on every 10-race card.

Patrons will also have plenty of promotions to look forward to.

On opening night there will be free programs in the grandstand and the Lotta Cash Giveaway where customers can deposit non-winning tickets wagered on Batavia Downs races for a chance to win two $250 betting vouchers and a Batavia Downs Gaming Play and Stay package that includes one night’s stay at the Batavia Downs Gaming Hotel, $25 in gaming Free Play and a $50 dinner certificate to Fortune’s.

Every Wednesday is the Play and Stay promotion where customers can deposit non-winning tickets wagered on Batavia Downs races for a chance to win a Batavia Downs Gaming Play and Stay package that includes one night’s stay at the Batavia Downs Gaming Hotel, $25 in gaming Free Play and a $50 dinner certificate to Fortune’s.

Then there’s the Wednesday and Saturday Finale promotion where you get $25 gaming Free Play when you wager $25 on the last race at Batavia Downs.

Every live race day offers Match Play Free Play Frenzy where you receive $25 gaming Free Play when you wager $25 at the same time on the same live Batavia Downs race. And there is also the Early Bird Daily Double, where you receive $10 in gaming Free Play when you wager at least $10 at the same time on the Early Daily Double. Plus every live racing program includes a $5 gaming Free Play coupon.

All promotions require participants be Players Club members and gaming Free Play is subject to required base points being earned before redemption. Full rules are available in the program.

You can watch all the live racing action for free on the Batavia Downs YouTube channel and free, full past performance programs for every live race night will be available on the Batavia Downs website under the live racing tab.

Two high-ranking officials of the Erie County Democratic Committee have been appointed to the Western Regional Off-Track Betting Corp. board of directors.

WROTB President/Chief Executive Officer Henry Wojtaszek informed The Batavian today that Jennifer Hibit and Crystal Rodriguez-Dabney, secretary and vice chair of the ECDC, respectively, will be joining the board and are expected to attend its next meeting on July 27 at Batavia Downs Gaming.

Hibit will represent Erie County, replacing Francis Warthling, while Rodriguez-Dabney will represent the City of Buffalo, replacing Michelle Parmer-Garner.

Wojtaszek also said that Terrance Baxter, a Republican and current Town of Moravia supervisor, will represent Cayuga County on the board. Baxter replaces Paul Lattimore.

The board was disbanded in May by New York State Assembly and Senate leaders and Gov. Kathy Hochul in response to a proposal by Democratic State Sen. Tim Kennedy of Buffalo to reconfigure the voting method from one municipality/one vote to a weighted system based on population.

As a result, the majority of the 100 votes are in the hands of directors from Erie and Monroe counties and Buffalo and Rochester.

Monroe and Schuyler counties have yet to announce their appointees to the 17-director board.

Hibit spent 11 years as the Chief of Staff for Erie County Executive Mark Poloncarz before taking a position as the director of Human Resources last year with the Erie County Water Authority. During her time with Poloncarz’ staff, she served as the campaign manager for his election and re-election campaigns. 

Rodriguez-Dabney, an attorney, recently accepted the position of Senior Vice President & Chief Diversity Officer with Roswell Park Comprehensive Cancer Center. Before that, she served for 15 months as the First Deputy Mayor and Chief of Staff for the City of Buffalo.

Baxter is a Member at Large on the Cayuga County Soil and Water Conservation District board and is a former Cayuga County legislator.

As previously reported by The Batavian, the other board members are Charles Zambito of Elba (Genesee County), Edward Morgan (Orleans County), Susan May (Wyoming County), Mark Burr (Cattaraugus County), Vincent Horrigan (Chautauqua County), Thomas Wamp (Livingston County), Elliott Winter (Niagara County), Mark Bombardo (Oswego County), Dennis Bassett (Rochester), Richard Ricci (Seneca County), Michael Horton (Steuben County) and Kenneth Lauderdale (Wayne County).

The weighted voting system gives Erie County 24 votes, followed by Monroe County (20), Buffalo (10) and Rochester (eight). Niagara County also has eight votes, while Chautauqua has five; Oswego, four; Steuben, Wayne, Cattaraugus and Cayuga, three each; Livingston and Genesee, two each; Wyoming, Orleans, Seneca and Schuyler, one each. The directors will serve four-year terms.

Press release:

Western Region Off-Track Betting (WROTB) and Batavia Downs President and CEO Henry Wojtaszek announced that the week from Sunday, July 2nd through Saturday, July 8th was record-setting. 

It was the top “net win” week of all time with $1.9 Million and the 3rd best Credits Played week of $24.08 million.  Attendance topped 20,000 people for the week.  Hotel Occupancy for the week was over 89%.

“We are so excited to have reached a new high benchmark for play on our gaming floor,” Wojtaszek said. “A record week on the gaming floor means that local governments will get critical revenue as a result of the great work on the ground by our team.  Also, the state’s education fund will receive over $930,000 from Batavia Downs from this last week’s play.  Our restaurants and hotel were packed throughout the holiday week.”

Revenues from Batavia Downs’ are distributed to their 17 Western New York municipalities: Cattaraugus County, Cayuga County, Chautauqua County, Erie County, Genesee County, Livingston County, Monroe County, Niagara County, Orleans County, Oswego County, Schuyler County, Seneca County, Steuben County, Wayne County, Wyoming County as well as the cities of Rochester and Buffalo.

Batavia Downs Gaming rode the Kentucky Derby and Preakness to a record-setting month of May when it comes to credits played by its patrons and net win, according to the chief financial officer of Western Regional Off-Track Betting Corp.

Jacquelyne Leach, speaking at today’s WROTB board meeting at the Park Road facility, said credits played – the amount of money put into the gaming machines – hit $95,294,821, the most ever during May. Furthermore, the net win – what’s left in the machines after paying out the customers – hit $6,994,850, also a May record.

“From January through May, we’re up $19.1 million or 4.3 percent in credits played from 2022 and up $3.4 million or 11 percent in net win,” Leach reported. “It’s very positive.”

As far as distributions to WROTB’s 17 municipalities, Leach said $1.7 million has been generated during the first two months of the second quarter (April and May).

“We’re waiting on the month of June, which is shaping up to be a very good month, too,” she said. “So, we’ll have distributions over $2 million to our municipalities. That's very healthy. And then year to date, we are over plan by potentially $1.2 million in earnings distributions. Our surcharge distributions, year to date, are $292,000. And that's about 8 percent over plan.”

Leach explained that 49 percent of the net win goes to the New York Gaming Commission for educational purposes and administrative fees. Batavia Downs Gaming keeps 51 percent, and allocates it to the Western New York Harness Horsemen’s Association for purses and the breeders’ fund, to capital projects, debt, marketing, operating expenses and then to municipalities.

Earnings in June are bound to get a boost from the Rockin’ the Downs Summer Concert Series that gets underway Friday night with the Almost Queen tribute band.

The remaining lineup:

June 30 - Get the Led Out (Tribute to Led Zeppelin)

July 7 - Craig Morgan with Drake White

July 14 - Skid Row

July 21 - The Marshall Tucker Band 

July 28 - The Grassroots/ Peter Noone

August 4 - Don Felder (Formerly of The Eagles)

August 11 - Mike Delguidice (Tribute to Billy Joel)

With no one representing the “power block” of Erie and Monroe counties and the City of Buffalo, this morning’s meeting of the Western Regional Off-Track Betting Corp. board of directors was absent of any official business.

Instead, 12 of what in time will be 17 directors received updates on the various WROTB departments and listened on as Henry Wojtaszek, corporation president and chief executive officer, and Dennis Bassett, representing the City of Rochester, discussed the situation surrounding the potential placement of a full casino in the Flower City.

The City of Buffalo, along with the counties of Monroe, Erie, Cayuga and Schuyler, have yet to appoint their board members in light of a New York State-imposed directive to disband the previous board and change the voting parameters from a one-municipality/one-vote format to a weighted system based on population.

Since most of the voting power is in the hands of Buffalo and the two large counties west and east of Genesee, the board today did not have a quorum to conduct any business.

The 12 directors in attendance are holdovers from the previous board, except for Genesee County’s representative, former County Court Judge Charles Zambito. The Genesee County Legislature, in May, appointed Zambito to replace longtime board member Richard Siebert, who resigned after learning of the structural changes.

Speaking to The Batavian after the public portion of the meeting at Batavia Downs Gaming, Zambito said he’s had his eye upon joining the board for quite a while.

“It goes back to maybe part of my background (as) my family has been involved with the horses (harness racing) for years. And I spent time as a kid here -- sitting in the kiddie stands,” Zambito, 71, said. “I think it’s an important asset that we have, not just in Genesee County, but the whole area.

“It’s always been in the back of my mind to serve on the board. When Dick Siebert decided to leave, I’d be interested in doing it.”

When it was mentioned that he was coming in at a crossroads, so to speak, Zambito said, “Yeah, it’s going to be interesting.”

“Well, I’m a little concerned about the changes that were made, I mean. Obviously, it doesn't help Genesee County in the sense of the voting power or lack of power that we have. But you know, it could work. We'll see how it goes,” he said, adding that he found it strange that nobody was there representing all of the municipalities. “It’s not a good situation if you can’t operate as a board.”

Zambito briefly commented on the prospects of legal action by the rural counties which had their voting strength diminished. County Legislature Chair Rochelle Stein has said that Zambito’s legal experience was a factor in his selection.

“I've heard that there that there may be (litigation), but as of now, I'm not part of it,” he said. “So, I don’t know exactly what’s going on. But I think that was from our legislature’s point of view. We’ll see how it goes.”

An Elba native and resident, Zambito was the county attorney for 10 years prior to becoming a judge. He also served on the Genesee County Legislature, was an assistant district attorney and has been a lawyer since 1977.

CEO PROVIDES SENECA NATION UPDATE

Wojtaszek said the state Assembly finished its business for the year on Wednesday night, and lawmakers returned home without considering a bill to extend the gaming compact with the Seneca Nation, which would have included the placement of a casino in Rochester. He bemoaned the fact that negotiations took place by the governor, Senate speaker and Assembly leader without the input of local and regional stakeholders.

“That bill was passed by the Senate, but nobody really knows what’s in it other than some tidbits, such as the Senecas would pay 9.75 (percent in taxes) the first year, and contrast that with what we pay, 49 percent (to the New York Gaming Commission),” Wojtaszek said. “And even over the next 19 years, that would be 19 percent, and contrast that with our 49 percent.”

He said that Batavia Downs joined forces with union employees from Finger Lakes and Del Lago to protest the proposal during a rally in Rochester.

“It would clearly affect our businesses; certainly, reduce the employees that we have here … and, if you think about it, would probably mean the end of Batavia Downs,” he added. “If you lose 50 percent of your jobs, we do have fixed costs here. We put together a really nice package in terms of doing the construction of a hotel. You can't really keep up with that if you're going to lose half of your staff and can't that handle the people that are coming in here.”

Wojtaszek said if and when this issue resurfaces, he hopes that for more transparency in the process – calling for public hearings and an economic analysis, among other things. The current compact with Seneca Nation expires at the end of this year.

He also found it “incredible” that the state Senate voted overwhelmingly in favor of the bill (59-4) without knowing all of the details.

“Now, the City of Rochester and the County of Monroe have weighed in – and maybe there are some places in the county – and it certainly seems as though the city is not interested in having it sited … They didn’t see the benefit from it,” he said.

Bassett emphasized the importance of supplying Monroe County and Rochester leaders with accurate data to take the emotional angle out of the picture.

“We have to be really prepared to provide the data,” he said. “I know that Rochester is pushing back because of all the … the elevated amount of crime in Rochester. The last thing we need is a gathering place such as this (but) I’ve got to believe this is years off, it is going to happen at all.

“But I think the leadership in Monroe County and Rochester is more irritated because you're going to do something in my backyard, and you don't tell me that you're coming. That is really the rub. At least, show me the courtesy to say he would like to do this in your home. And what do you think about it? What do your people think about it?

“And having not done that, that brings an emotional issue to it. And I think it's important for us to follow that emotional rub with what the true downside is from a data perspective.”

Along those lines, Wojtaszek said a consulting firm concluded that gaming in upstate New York is “clearly at the point of either saturation or oversaturation.”

A casino in Rochester would have to generate $800 million in “net win” to provide the same amount of money given to the state by Batavia Downs, Del Lago and Finger Lakes, he said.

“We combined for about $350 million to $400 million in net win, and we pay the state about $150 million. In order for them to pay $150 million, they gotta generate $750 to $800 million in net win. Think about that, because they’re only paying 20 percent; we’re paying 49. It's a staggering amount of money. Where are they going to get that from when they're already oversaturated?”

Previously: Assembly puts plan to build casino in Rochester on hold

A proposal to place a Seneca Nation-owned full casino in the City of Rochester reportedly is on hold.

On Friday, New York Assembly leaders – following a protest in Rochester by unionized gaming workers -- announced that the chamber will not vote on a new 20-year compact between the state and the Seneca Nation despite the Senate’s robust approval of it.

“I believe the Seneca Nation deserves a fair deal. However, the sentiment of the Assembly’s Monroe County delegation, coupled with the potential loss of union jobs, is concerning, and we cannot move forward with a vote on the compact at this time,” said Assembly Speaker Carl Heastie on Twitter.

News of a potential deal to build a casino in Rochester came to light earlier this week, prompting immediate and strong opposition from local government officials, politicians and representatives of Batavia Downs, Hamburg and Finger Lakes gaming facilities.

"The state needs to make sure that they get local input, to make sure they have an economic analysis done relative to siting such a casino in Rochester, period, and we want to make sure we safeguard the jobs that we have at Batavia Downs as well as the money we return to our communities," said Henry Wojtaszek, president and chief executive officer of Western Regional Off-Track Betting Corp., when contacted this morning.

Assemblyman Steven Hawley made his feelings known on Thursday, stating that the construction of a new casino in the area “would be damaging to the local economy and would jeopardize the more than 400 jobs at Batavia Downs.”

“Local officials and New York lawmakers were also not included in any discussions between the governor and the Seneca Nation,” Hawley added.

In a statement released to the press, Seneca Nation President Rickey Armstrong Sr. blamed the governor’s office for failing to keep local leaders informed throughout the negotiations.

Calling the Assembly’s decision “despicable,” Armstrong said the Seneca Nation did not impose a non-disclosure agreement despite what Gov. Kathy Hochul’s administration had claimed.

A portion of Armstrong’s statement is as follows:

“The blame for keeping Rochester officials out of the loop lays directly at the feet of the Executive. The Executive and the Nation agreed not to negotiate through the press or in public, but contrary to media coverage, the parties never entered into a Non-Disclosure Agreement.

“The Nation regularly consulted our own legislative branch and expected that the Executive was doing the same. The Executive's claim that it was legally barred from communicating with other State officials is simply inaccurate. The Executive was free to communicate with local officials throughout the process on what it was negotiating for and what it agreed to.

“The failure of the Executive to communicate with its own government speaks to the utter disregard the Governor had for this process.”

The state’s gaming compact with the Seneca Nation expires on Dec. 21, leaving the door open for the Senate and Assembly to vote on a revised agreement.

Twelve of the 17 people who will represent their counties or cities on the reconfigured Western Regional Off-Track Betting Corp.’s board of directors have been appointed with a little more than a week to go before their next scheduled meeting.

WROTB President/Chief Executive Officer Henry Wojtaszek provided the names of the newly appointed directors to The Batavian this morning, noting that the Democratic-leaning municipalities of Erie and Monroe counties and the City of Buffalo have yet to announce their selections.

As previously reported first on The Batavian, Charles Zambito of Elba, former Genesee County Court judge, has been appointed to represent the host county in matters concerning Batavia Downs Gaming, Harness Track, The Hotel at Batavia Downs and the public benefit company’s Off-Track Betting locations.

Zambito was appointed by the Genesee County Legislature on May 24 to replace longtime director Richard Siebert, who stepped down after learning of the significant changes made by the powers-that-be in Albany to the board’s structure and voting format.

Legislation passed by state lawmakers dismantled the board – forcing county governments and executives to appoint new (or reappoint current) directors – and changed the voting procedure from one municipality/one vote to a weighted system based on population.

The change puts the majority of the “power” in the hands of directors from Erie and Monroe counties and Buffalo and Rochester.

Erie County will have 24 votes, followed by Monroe County (20), Buffalo (10) and Rochester (eight). Niagara County also has eight votes, while Chautauqua has five; Oswego, four; Steuben, Wayne, Cattaraugus and Cayuga, three each; Livingston and Genesee, two each; Wyoming, Orleans, Seneca and Schuyler, one each. The directors will serve four-year terms.

Richard Bianchi (Monroe County), who served as board chair for 13 years, was not reappointed to the board. Others not reappointed are Francis Warthling (Erie County), Paul Lattimore (Cayuga County), Philip Barnes (Schuyler County) and Michelle Parmer-Garner (Buffalo).

Lattimore and Barnes had not attended any meetings over the past four years while Parmer-Garner missed the last 18 meetings and many prior to that.

Directors reappointed to the board are Edward Morgan (Orleans County), Susan May (Wyoming County), Mark Burr (Cattaraugus County), Vincent Horrigan (Chautauqua County), Thomas Wamp (Livingston County), Elliott Winter (Niagara County), Mark Bombardo (Oswego County), Dennis Bassett (Rochester), Richard Ricci (Seneca County), Michael Horton (Steuben County) and Kenneth Lauderdale (Wayne County).

When asked if a chair and vice chair would be elected at the next board meeting on June 22, Wojtaszek said it depends upon if there is a quorum (which, again, is subjected to weighted voting). Morgan was the vice chair of the previous board.

Previously: County legislature chair on WROTB changes: 'Completely unfair, totally unnecessary'

A potential deal between the state and the Seneca Nation to place a full casino in the City of Rochester would devastate the operation of Batavia Downs Gaming and two other established gaming facilities in Western New York.

That’s the stated view of Henry Wojtaszek, chief executive officer and president of Western Regional Off-Track Betting Corp., the public benefit company that operates Batavia Downs Gaming.

“The latest scheme by the Senecas and some New York State government officials to place a stealth casino in the Rochester area should be a non-starter for residents, community leaders and elected officials," Wojtaszek said in a statement issued this afternoon.

“Many of the more than 400 jobs here at Batavia Downs would be in jeopardy if a Rochester area casino opened, and the millions of dollars in revenue we send to 15 counties and the cities of Buffalo and Rochester would be drastically cut. There are already 10 gaming facilities less than 100 miles in any direction from Rochester; that’s the definition of saturation.”

According to published reports, the new 20-year agreement forged by the New York State Senate and Gov. Kathy Hochul with the Senecas apparently includes a casino in Rochester. Over the weekend, the Senate voted 62-1 to ratify the pact; the Assembly has yet to vote on it.

In his statement, Wojtaszek indicated that the three Video Lottery Terminal facilities of Batavia Downs, Finger Lakes Gaming and Hamburg Gaming paid $140 million in combined taxes to the state last year (and) “that is more than the Senecas did.”

“What is the point of putting yet another facility in the region? No major decision like this should ever be made without robust public input and a comprehensive economic impact analysis.  When you see this type of secret top-down governing from our elected officials, it is fair to question their motives and who they are really serving.

“We’ve seen this tried before, and the ending should be the same as the previous two failed attempts to open a casino in the Rochester area.”

Genesee County Legislature Chair Rochelle Stein, contacted by The Batavian tonight, was quick to point out that any casino within 30 miles or so away “would really be a big blow (to Batavia Downs).”

“What’s really unfortunate here is that there are no details,” she said. “The last thing I read was there was a conceptual agreement, but nobody had been able to see what the concept was.”

When it was mentioned that recent changes to the structure of the WROTB board of directors also came with no advance notice to municipal leaders, Stein added that “it seems like we’re in a vacuum constantly – by our one-party rule in Albany and it’s not working well for Genesee County.”

Stein said she and county officials are “frustrated” by the lack of information coming out of Albany and the lack of input by local governments.

“Not to have a plan that is laid out so that we all can participate in … because we’re in, I understand that we’re in that Seneca compact area,” she said. “This new plan, if it’s known to be that it will be in Rochester, will not benefit the public as Batavia Downs does.”

She also noted that rural counties are exploring litigation to stop the changes made by Albany to switch from a one-county/city, one-vote format to a weighted voting format for the WROTB board, effectively transferring power to the Democratic-leaning Erie and Monroe Counties and cities of Rochester and Buffalo.

She did not comment when asked about a conflict of interest situation involving Rochester and Monroe County representatives to the WROTB board (if and when a casino was placed in Rochester), preferring to wait until she learned more about the Seneca compact.

Democrat Jeremy Cooney (the City of Rochester, the Town of Brighton, and the western suburbs of Monroe County) was the lone senator to vote against the measure.

“I have concerns with the announced deal between New York State and the Seneca Nation,” Cooney said in a news release and reported by The Rochester Business Journal. “As a state senator, I did not feel comfortable voting in favor of legislation that removes state lawmakers from their oversight responsibilities and limits input from the public.”

Genesee County Legislature approved the appointment of Charles Zambito as Board of Director for Western Regional Off-Track Betting Corporation Wednesday to fill the vacancy left by Richard Siebert, whose last day was May 2 of this year.

Siebert’s time on the board was a seamless 28-plus year that began on Oct. 3, 1994. Background of his leaving, along with the expected approval of Zambito, was reported first on The Batavian May 22.

The Genesee County Republican Committee recommended Zambito for consideration to fill the vacancy and serve his initial four-year term. 

The Legislature agreed, and appointed the former county judge, of 50 South Main St., Elba, to serve his initial four-year term effective May 24, 2023, through May 23, 2027. He will serve on the Board of Directors of the Western Regional Off-Track Betting Corporation representing the County of Genesee and provided further "that this action shall expire and be deemed repealed four years after such effective date," according to the resolution.

After the county Legislature meeting, the group went into executive session with Zambito and the county attorney for reasons of “pending litigation,” County Manager Matt Landers said. He referred further questions to county Attorney James Wujcik.