Batavia Downs Gaming

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 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.

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.

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.

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

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'

Two weeks after Gov. Kathy Hochul announced significant changes to the structure of the Western Regional Off-Track Betting Corp. board of directors and to the way voting is conducted by the board, The Batavian sat down with Henry Wojtaszek, WROTB president and chief executive officer, on Tuesday afternoon at his office at Batavia Downs Gaming.

On the evening of May 2, as part of the state budget negotiations, Hochul, Assembly Speaker Carl E. Heastie and Senate Majority Leader Andrea Stewart-Cousins announced approval of a bill calling for the immediate dismantling of the current WROTB board and a move to weighted voting based on population.

It was no longer business as usual for the public benefit corporation as the previous system of one vote for one municipality was struck down. Control of the board now has shifted to the Democrat Party-heavy population centers – Erie and Monroe counties and the cities of Buffalo and Rochester.

WROTB distributes a portion of earnings and surcharges to its 17 member municipalities – 15 counties, including Genesee, and the two major cities. Most of the rural counties lean Republican.

Following is the interview with Wojtaszek, who has been with the corporation for 13 years, the last six as the president/CEO:

Q. With all of the recent changes coming from Albany, what do you see going forward?
A. I would hope that as we see the board members being appointed from the various municipalities that we continue to receive very good board members … and that I would hope that common sense would prevail. The results here have been fantastic – and that’s what ultimately matters relative to a company.

We have excellent workers here who perform at an extremely high level, the guests consistently rate their experience here as excellent; they really enjoy coming here, and they enjoy the experience that they have here. I would hope that the people who have worked here over the last many, many years – those who make up a great team – are allowed to continue to do their jobs and provide that kind of customer service.

I feel pretty confident and everyone's ability here. I have not seen any drop-off in terms of attendance … in the last couple of weeks or months. In fact, it’s only gotten busier. We’re definitely at a higher pace, and we’re going to beat last year’s record pace. It’s going to be $83 million this year (in net win). That’s money that’s split between the local municipalities and the state. We have 370 people with good jobs here, and we return a huge amount of money back to the municipalities.

Q. Do you think the jobs of rank-and-file employees will be affected? Will it come down to that?
A. There’s a union here that provides a measure of protection for a lot of the workers that work here. Again, I think that performance really should matter a lot. And whatever direction this company goes, they're going to reward those people who have performed at a high level here. So, I’m optimistic that we're going to be able to continue to provide that great service and great, great entertainment value with most of the personnel still on site here.

Q. Have you had any contact from Buffalo Senator Tim Kennedy (who sponsored the bill to restructure the board) or his office, from anybody in Erie or Monroe County, Buffalo, or from Albany regarding what the future may hold?
A. Nothing.

Q. So, you have no idea right now who will be coming in as directors? (Note: Longtime Genesee County director Richard Siebert resigned his position upon hearing of these changes, and the local Republican Party is in the process of appointing a replacement).
A. That’s correct.

Q. Do you think that the management team will continue?
A. We’ll know when the board takes their seats, which I expect will happen in June. I think it’d be difficult to have a meeting in May (the board was scheduled to meet on May 24-25), knowing that they have to be appointed and some people have to be licensed.

Q. Many Republican politicians have come out and called the move to change the voting method a “power grab.” Would you agree to their assessment?
A. I do. I think for political purposes, I would term it as a political power grab. I can certainly say that it isn’t due to the performance of the corporation or the corporation performing up to par because it continues to break records in terms of the revenue it’s generating and the amount of distribution monies that it's generating to return to the communities. That's what we are charged to do -- prevent illegal bookmaking, create jobs and to return resources back to the member municipalities, and we've done all three of them at a very high level.

Q. Do you think that the things the New York State Comptroller’s Office brought up – mishandling of sporting event tickets, health insurance for board members, legal issues, etc. – prompted people to believe that more should have been distributed to municipalities?
A. We addressed them four years ago. These issues came up four years ago, and we've obviously put in place better safeguards to make sure that we perform at a high level here. We asked for the help from the Comptroller; we asked for his advice. He gave us advice; we took his advice. It was over four years ago.

We continue to be the most regulated industry in New York State, besides maybe the nuclear energy industry. And that's okay. We’re good with that. We have to apply to the (NYS) Gaming Commission for most of the programs that we run here, including the ticket program. Every year, we get renewed by them. We have a very good relationship with the Gaming Commission. We abide by their rules, and we follow their recommendations. And we will continue to do that.

We just had an audit done by our outside auditing firm, The Bonadio Group. Everything came back completely in order; there are no irregularities. We feel very good about that. The board has always felt very good about that. We know that there are no issues within the corporation. And we feel very confident that a new board coming on is going to find the same thing. We hope that they take the time to look at what's going on here and not take some of the reports that are out there in the media as gospel, and they take the time to review what's actually going on here before they make any decisions.

Q. What do you think of WNY politicians questioning the cost of WROTB’s purchase of The Hotel at Batavia Downs.
A. Actually, the hotel has been an excellent purchase for us. It’s really worked out well. It has allowed us to become a destination -- to provide a complete experience for people who want to come here and enjoy the gaming floor, enjoy the horse racing, enjoy the concerts, have a great meal, and stay on site. We think we got it for a reasonable price. We think we'll be able to utilize it now as a marketing tool to bring people here.

Q. The board has been considering adding more rooms to the hotel. With these recent changes, is any talk of expansion now on hold?
A. What we’ve done was take a look at expansion to see whether or not it was something that was worthwhile. We never made a decision to expend any money. We were just looking at it to try to get some preliminary numbers.

Q. Didn’t the board vote to fund a feasibility study?
A. The request was (to spend) between $50,000 and $100,000 to do a market study and do a feasibility study, but it wasn’t authorized. I guess the next board would take a look at it.

Q. In light of what has happened and some of these issues, do you have any regrets?
A. I have a lot of fond memories here. We have some great workers here. I love interacting with the public that comes here, and I like to see that they enjoy themselves. Do I wish we would have handled things a little differently? There are a couple of things I wish we'd handled differently. I wish we would have been a little more open as to who utilized the tickets. I think at one point, we refused to turn that over for FOIA (Freedom of Information Act) requests. And I know, looking back, we should have done that a little early. We probably should have revamped our ticket policies a little bit earlier. Again, all those things were done over four years ago.

Q. Have some of your guests approached you and commented to you about the recent developments?
Well, we have a lot of people that are very supportive of us here. A lot of our, our patrons, our guests that come here, are very supportive of our team that we've put together here. So yeah, I've heard a lot of support. We have had letters and a lot of comments and support in the last couple of weeks.

Q. Genesee County now will get two out of a total of 100 votes under the weighted system, while Erie and Monroe counties, Buffalo and Rochester will combine for 62 votes. And they’re predominately Democrat. Your thoughts?
A. I think things will be different. But again, I hope that common sense and good business sense prevail. And they allow the people here to do their jobs and to continue to do them.

Q. Do you think this was done to get you out? Do you feel that you’re in limbo at this point?
A. Like I said, no one has talked to me. We just do our job every day. We continue to increase the revenue here. We continue to provide a great product for those people who are coming here and try to have a great experience and, and then the end of the day, we'll return the monies back to the municipalities like we're tasked with.

Q. Have you thought about what you would do if the new board decided to replace you? I know you’re an attorney. Has the thought about practicing law gone through your mind?
A. We’ll cross that bridge when the time comes. I love this job. I enjoy the people that I work with to a great extent, and I'm very proud of what they've done -- what we've all done here at Batavia Downs to build such a great business.

Q. One last thing. They’ve used the word corruption to describe the actions of the board and management relating to the issues that we’ve talked about. (“This is a big victory for the people of Western New York. We are rooting out corruption, and we are removing a board that demonstrated a blatant disregard for the public good,” Kennedy said.) That’s a very strong word that speaks about people’s character and reputation. How do you react to that?
A. We know that anybody who's been here asking questions or asking for documents, we've provided complete transparency relative to what goes on here, and we will continue to do that. We’re a public benefit corporation. We understand that we do have to provide that kind of information when people are looking for it, and we'll do it. And we will continue to provide an inside look at what goes on here.”

Previously: State budget provision drastically changes structure, voting format of WROTB board of directors

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

Just a few months removed from what Western Regional Off-Track Betting Corp. officials reported as a record year for revenue, signs are pointing toward even greater earnings for Batavia Downs Gaming in 2023.

“We experienced a record 2022 and now the first quarter of 2023 is up 16 percent in what we distribute (to member municipalities),” WROTB President Henry Wojtaszek said following this morning’s board of directors meeting at the Park Road facility. “It’s the highest net win by more than a half a million for the corporation, so it’s really been a blockbuster first three months of the year for us.”

Jacquelyne Leach, the corporation’s chief financial officer, provided a report to The Batavian that shows that distribution of surcharge and earnings to the 17 participating municipalities for the first quarter of 2023 compared to the same time period in 2022.

The numbers indicate that $2,269,956 in surcharge and earnings was generated this year compared to $1,956,149 in the first quarter of last year.

Genesee County’s share increased by 18 percent – from $42,002 to $49,664.

Leach also pointed out that the "net win" for March was the corporation's highest ever, $7.7 million. "Net win" is defined as credits played in the machines less credits won, she said.

Wojtaszek said Batavia Downs Gaming is bucking the trend in the gaming industry, citing information shared at a recent conference in Atlantic City.

“We heard that while the industry is doing pretty well as a whole, the indication is that the brick-and-mortar part of the casino (business) isn’t necessarily up, depending where you are, geographically,” he said. “But we’re clearly a brick-and-mortar operation and we’re clearly having a banner year. Our numbers are definitely up.”

He said he is optimistic that 2023 will exceed last year’s figures.

“(The first quarter) is usually the slow season. We’ve experienced no slowdown and now we’re coming into the busy part – with the Triple Crown, the concerts and many other events that we have here. So, we’re looking forward to a great 2023.”

On another front, Wojtaszek said a committee looking into the possibility of expanding The Hotel at Batavia Downs met on Wednesday and is leaning toward recommending the expenditure of up to $100,000 for a feasibility study and architect’s rendering.

“We’re going to be careful in our analysis of it and spending any money, but in order to figure out whether or not the expansion of the hotel is warranted, we’re most likely going to have an architect give us some drawings and have a market study done as to the return on the investment … if we do expand,” he said.

Following last month’s meeting, Wojtaszek mentioned the possibility of adding 42 rooms to the 84-room facility, but today he backtracked a bit.

“We discussed it yesterday and decided not to sit on a number at this point,” he said.

He pointed out that the hotel has been very busy and sold out on many nights, but wasn’t sure if “we’ve hit that tipping point to necessitate additional rooms.”

Wojtaszek also noted that an expansion would enhance the ease of guests’ entrance into the hotel.

“We want to make sure we have a safe drop-off area and convenient drop-off area for people,” he said. “Now, it’s a difficult situation relative to the drop-off and entrance to the hotel. We’ve acknowledged that and we’re trying to give a better experience to the guests arriving at the hotel.”

He did say that Downs’ officials will address the drop-off situation regardless of the decision on expansion.

Press release:

The Genesee Region USBC Association Banquet is scheduled for Saturday, May 20 at Batavia Downs Gaming on Park Road in Batavia.

The event will get underway with a brief memorial service at 6 p.m.

Tournament champions and league leaders will be honored and association officials will provide a report on the 2022-23 season.

The cost of the dinner is $30, with the following exceptions:

NO CHARGE – GRUSBC directors, Adult Tournament Champions (limit one tournament only), Youth Tournament Champions and one guest (limit one tournament only), guest speaker and one guest.

HALF PRICE – Past GRUSBC Hall of Famers, league secretary or representative (limit one per league).

The reservation deadline for the banquet is May 12. No reservations will be taken after that date and no one will be allowed to “walk in” on May 20.

The banquet is open to all GRUSBC members and to the public.

An election of officers and directors whose terms are up will take place as well. Two director positions are vacant.

For reservations or for information about serving on the board of directors, send an email to Association Manager Mike Pettinella at mikep@bowlgr.com or call 585-343-3736.

The GRUSBC includes bowling centers in Genesee, Livingston, Orleans and Wyoming counties.