Western Regional Off-Track Betting Corp. directors passed a pair of resolutions on Thursday advancing their look into a possible expansion of the Hotel at Batavia Downs. WROTB management has been talking about adding more rooms since last March. 

Directors voted to contract with Bammel Architects of Orchard Park to provide conceptual design drawings per a request for proposal, at a cost of $76,000, and with Spectrum Gaming Group of Horsham, Pa., to perform a gaming market analysis, at a cost not to exceed $29,750 plus out of pocket expenses.

All directors, except newly appointed Erie County representative Timothy Callan, voted in favor of the resolutions, which could go a long way in determining

Updated at 11:20 a.m. with union rep comments

In what may prove to be a course reversal, Western Regional Off-Track Betting Corp. directors on Thursday said they are open to allocating more money to promote the branch segment of the public benefit company.

“We want to make an attempt to market it (the off-track betting branches). It seems like all marketing has been geared toward Batavia Downs Gaming,” said Thomas Wamp, board member representing Livingston County, prior to the monthly directors’ meeting at the Park Road gaming establishment.

For quite some time, WROTB management has pointed out that the corporation’s eight branch locations -- save one or two -- have been losing money. As a result, the publicized plan has been to reduce the number of branches, while working to add E-Z Bet sites, which do not have employees.

Wamp (photo at right) said the board is putting that strategy “on hold” 

As lifelong Batavian Richard E. “Dick” Siebert thanked those that have helped turn a once decimated Batavia Downs into what it has become today – a successful gaming and horse racing destination, he turned his attention to Dennis Bassett, the current chair of the Western Regional Off-Track Betting Corp. board of directors.

Speaking this morning at a ceremony at the Park Road facility honoring his 29-plus years as a WROTB director, Siebert turned his head, looking for Bassett in the crowd

A State Supreme Court judge ruled today that a lawsuit can proceed challenging a new weighted voting system for the 15 counties and cities of Rochester and Buffalo that make up Western Regional Off-Track Betting Corp's ownership.

Through the first 50 years of WROTB, each entity had the same vote, or one vote, for each municipality, regardless of the population.

However, the state budget approved about a year ago included legislation that implemented a new weighted voting system. It gives 99 votes total, with more populous municipalities getting more votes. Erie County gets the most with 24 votes, while the four smallest counties, Orleans, Wyoming, Seneca and Schuyler, get one each.

Here is the breakdown of votes per municipality:

• Erie County: 24
• Monroe County: 20
• City of Buffalo: 10
• City of Rochester and Niagara: 8
• Chautauqua: 5
• Oswego: 4
• Steuben, Wayne, Cattaraugus, Cayuga: 3
• Livingston and Genesee: 2
• Wyoming, Orleans, Seneca, Schuyler: 1

Six counties filed lawsuits against Gov. Kathy Hochul, Attorney General Letitia James, the State Senate, and the State Assembly.

The counties in the lawsuit are all Republican-led and include Orleans, Genesee, Niagara, Livingston, Wyoming, and Seneca. Oswego was also added to the lawsuit today.

The lawsuit was filed in September in Orleans County, and a motion to dismiss the case was heard today by Judge Frank Caruso.

Joe Terragnoli, representing the Attorney General’s Office, appeared in court today with Dennis Vacco, representing the seven counties.

Vacco said the case is a very important challenge, showing smaller rural counties standing up to a “power grab” imposed by the state.

“I’m a little emotional about it because I think they receive these types of shenanigans from Albany all the time,” Vacco, a former state attorney general, told the judge in court this afternoon.

The municipalities in WROTB fronted the money to start WROTB in 1973, which has returned about $245 million in profits to the municipalities. Terragnoli said the initial funding to start WROTB has been paid back – many times – to the counties.

“It’s been a very lucrative deal,” he said. “They gave loans, and they were paid in full.”

That contribution never guaranteed an equal vote for perpetuity. The money didn’t purchase voting rights, Terragnoli said.

The state has the right to restructure the board with a weighted vote, he said.

Vacco said the smaller counties never would have put up the money if they had such a small voice at the board table.

He said the change could harm the smaller counties economically, especially if the four members with the most votes – Erie, Monroe, Rochester and Buffalo – get together and make a decision that could hurt the payouts to the other counties. Vacco said the four larger municipalities could go on a hiring spree, approve a capital project the others oppose, or even sell Batavia Downs.

The racetrack in Batavia has 912 video gaming machines that generate about $7 million in profits each month. WROTB also has nine OTB branches and 24 EZ Bet locations.

Vacco also said the legislation approved in May 2023 specifically targeted WROTB and not the other regional OTBs in the state – Capital OTB, Catskill OTB, Nassau OTB and Suffolk OTB.

Terragnoli acknowledged the legislation, pushed by State Sen. Tim Kennedy of South Buffalo, was partly in response to allegations of mismanagement by WROTB. The organization was faulted in an audit by State Comptroller Tom DiNapoli, who said the organization’s leadership did not properly account for $120,000 worth of sports and event tickets purchased by the company. Kennedy and others have characterized the account error as "corruption." 

WROTB has said there are tighter controls now for how those tickets are distributed.

The state comptroller and attorney general also have questioned WROTB for providing fully paid health insurance coverage to board members. The organization has also ended health benefits for new board appointees.

Terragnoli said the WROTB board didn’t do enough to self-correct, which prompted the legislation with the weighted voting for the board. That legislation also removed all the board members at the time, with the 15 counties and two cities to appoint either the same representatives or new ones. (Orleans County opted to reappoint Ed Morgan to the role. Genesee County's director, Richard Siebert, turned in his resignation over the board restructuring and later was replaced by former Genesee County Court Judge Charles Zambito).

Terragnoli said the counties that have sued the state over the changes with the board at WROTB are now claiming they could be hurt financially.

“Where was the concern when the comptroller’s report came out?” he said in court about the unaccounted tickets and perks intended for Batavia Downs customers.

Vacco also said the legislation championed by Kennedy twice failed to pass the Legislature on its own merits. It only passed when it was included in the state budget vote in an act of “subterfuge.”

The legislation would needed a two-thirds majority vote if it had been a standalone bill, Vacco said. It didn’t get the two-thirds threshold as part of the state budget, which is another reason the weighted-voting change should be negated, he said.

Vacco said the counties will wait for the state to file its response to today’s ruling. An evidentiary hearing could also be one of the next steps in the case.

Tom Rivers is editor of Orleans County Hub

Speaking by telephone this morning, Henry Wojtaszek also said leadership of the public benefit company is making its collective voice heard to loosen the restrictions on placement of EZ Bet locations in Erie County – a topic that was reported by The Batavian last September.

Concerning online wagering, known as iGaming, Wojtaszek said that he and Board Chair

Western Regional Off-Track Betting Corp. officials today said they will be honoring former director Batavian Richard Siebert for his many years of service to Batavia Downs and Batavia Downs Gaming.

WROTB President/Chief Executive Officer Henry Wojtaszek, at today’s board meeting at the Park Road facility, said that Siebert will be recognized at a noon reception on March 28 with a plaque in the newly remodeled Genesee banquet room on the second floor of Batavia Downs Gaming.

Siebert (photo at right) served on the board for 29 years until resigning in early May after it was announced by Gov. Kathy Hochul that the governing body would be dismantled and restructured.

Wojtaszek said that he’s contacted Siebert about the

The chair of Western Regional Off-Track Betting Corp. board of directors this afternoon said it’s likely that an outside law firm will be hired to look into sexual harassment and wage theft allegations by three former Batavia Downs Gaming employees.

“The allegations in the lawsuit made by the OTB employees are certainly concerning to us as a board and warrant an investigation,” Dennis Bassett, (photo at right), who represents the City of Rochester, told The Batavian. “Presently, we are discussing whether we should seek an outside law firm to conduct further investigation to ensure the integrity of their findings.”

Three former employees of Batavia Downs have filed a lawsuit against Western Regional Off-Track Betting Corp. and two supervisors, alleging sexual harassment and wage theft.

The suit was filed in Genesee County on Wednesday. It names as plaintiffs, Tara Sweet of Elba, Corrine Armison of Batavia, and Brooklynn Cline

“Our preliminary numbers for December as well as the last quarter of the year were such that it looks like we’ll have achieved record earnings for ’23,” said WROTB Chief Financial Officer Jacquelyne Leach during Thursday’s board of directors meeting