Batavia Downs

Batavia Downs opened its 2024 summer/fall meet on Saturday night. The 3-year-old pacing filly division of the New York Sire Stakes was in town, featuring two six-horse fields that vied for $58,100 each.

The first division was won by A Few Choice Words (Courtly Choice-Top Choice Hanover), who made every station a winning one. 

Jim Marohn Jr. put A Few Choice Words on the point off the gate and skated through fractions of :28.2, :57.2 and 1:25.3 before Stepabovetherest (Braxton Boyd) pulled from third and tried to advance. But the closest she would get to the leader would be second, next to the pocket-sitting Leanne’s Choice (Marcus Miller) because A Few Choice Words turned for home and paced with authority to the line where she won in 1:54.

It was the third win in a row and sixth out of the last seven for A Few Choice Words, who is owned by Clancy Farms and trained by Blake Macintosh. 

Then there was an upset in the second division when She’s Epic (American Ideal-Booya Beach) shook loose and flew home late at 15-1.

Camerican (Jim Morrill Jr.) grabbed the lead from Peace Talks (Jim Marohn Jr.) just before the quarter and then tempered the pace to the half in :57.4. Camerican continued her easy lead around the third turn and up the backstretch until She’s Epic (Tyler Buter) pulled from fourth and made her way to second by three-quarters in 1:26.4. She’s Epic pulled alongside Camerican and the pace got decidedly more intense as the fillies matched strides around the final bend and into the stretch. Despite their best efforts, neither girl could get ahead until three pylons from the wire where She’s Epic lived up to her name and rode a :26.4 final panel to a one-half length victory in 1:54.

It was the third win of the year for She’s Epic ($33.40) who is owned by John Cummins and trained by Travis Alexander. 

Buter got the hat trick on Saturday after winning two $20,000 Excelsior legs with Hurricaneaphrodite (1:54, $3.90) for trainer John McDermott and Tempville (1:56.1, $4.90) for trainer George Ducharme. Ducharme also trained the winner of the third Excelsior leg, Villannah (1:55.2, $13.80) driven by Jim Morrill Jr. who also had a hat trick on Saturday night. 

Live racing resumes at Batavia Downs on Tuesday (July 30) at 6 p.m.  

Photos by Nick Serrata.

Press Release:

Batavia Downs Gaming & Hotel has announced that on Friday, December 6, Marsha McWilson will return to Batavia Downs as she performs her yearly Christmas Concert.  

Marsha brings a high energy show that features Christmas Classics and other favorites. She and the other performers have entertained concert goers for many years inside the Park Place Room. Doors are at 6:30 p.m. with music beginning at 7:30 p.m. Tickets are $15 and concert go-ers will receive $10 in Free Play.

Tickets for this event are available at www.BataviaConcerts.com.  The Hotel Deal for this event is live at this time and links can be found on Facebook or  https://www.bataviadownsgaming.com/hotel-deals/.

The Bacon Brothers, touring in support of their fifth studio album, Ballad of the Brothers, stopped at Batavia Downs on Friday night.

Brothers Kevin Bacon, famed actor, and Michael Bacon, an Emmy-winning songwriter, formed their duo 30 years ago.

Their sound is solidly Americana, and their songwriting has earned them a strong fanbase.

Previously: Bacon Brothers celebrate 30 years of music with new album and upcoming tour

Photos by Nick Serrata.

Live harness racing returns to Batavia Downs on Saturday (July 27) as the 2024 summer/fall season gets underway with a full 15-race card that starts at 6 p.m. The season runs through Saturday (Dec. 7) and features a 56-day meet.

The opening night card includes the first visit of the year from the New York Sire Stakes as the 3-year-old pacing fillies will be on hand to compete in two $58,100 divisions. There will also be three Excelsior races going for $20,000 each, bringing the total stake purses available that night to $176,200.

The live schedule changes several times throughout the year. It starts out with a Tuesday, Wednesday, Saturday schedule through August 17. Then it switches to Wednesday, Friday, Saturday through November 23 with the exception of Friday (Sept. 6) which will be dark due to the special Monday (Sept. 2) Labor Day matinee card starting at 1:15 p.m. The final two weeks of the meet cut back to Wednesday, Saturday. Post time for all race days -- with the exception of the Labor Day matinee -- will be at 6 p.m.

Once again, there is a hearty slate of New York Sire Stake action. The state-bred series will be in action on Saturday (July 27-$103,000 3-year-old filly pace), Wednesday (July 31-$103,000 3-year-old colt pace), Wednesday (Aug. 7-$93,000 2-year-old colt pace), Wednesday (Aug. 14-$93,000 2-year-old filly pace), Wednesday (Aug. 21-$93,000 2-year-old colt trot), Saturday (Aug. 24$103,000 3-year-old colt trot and $103,000 3-year-old filly trot) and Wednesday (Aug. 28-$93,000 2-year-old filly trot).

Also on that NYSS double-header 3-year-old colt and filly trotting card on Saturday (Aug. 24) will be the Down’s signature event, the Robert J. Kane Memorial Invitational pace that will go for $100,000 this year. Free Kane Pace T-shirts will be given away on that night.

Don Hoover, Director of Live Racing at Batavia Downs, looks to build on the record wagering that the track realized earlier this year.

“I am looking forward to the upcoming meet, anticipating that the momentum from the highly successful winter meet will continue for the remainder of this year. We set several betting records during our early year meet and hopefully we can keep that going during this session,” said Hoover.

Looking to drive that momentum is Tom Agosti, who recently joined the staff at Batavia Downs as the new race secretary. He will be responsible for putting together the competitive fields that will be featured throughout the year.

Agosti has established a new text line to relay vital information regarding draws and racing information for the upcoming meet. Horsemen and women can sign up for this service by texting bataviadowns to 732.363.7700. Subscribing to this service will be advantageous to all when it comes to filling races or having immediate knowledge of any changes in schedule. All are encouraged to do so as soon as possible.

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.

All the top drivers will be back including last year’s top five leaders Jim Morrill Jr., Kevin Cummings, Dave McNeight III, Kyle Cummings and James McNeight Jr.

Leading trainers Sam Smith, Shawn McDonough, Dave Russo, Tammy Cummings, James Rothfuss and Ryan Swift will also be back along with a host of others.

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

Patrons will also have plenty of promotions to look forward to throughout the year.

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.

The Play and Stay promotion will also be held every Wednesday during the meet 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 was previously described.

Also on Wednesday is the Finale Frenzy promotion where you get $25 gaming Free Play when you wager $25 on the last race at Batavia Downs.

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 and online.

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 (bataviadownsgaming.com) under the live racing tab.

Press Release:

Officials from Batavia Downs Gaming and Hotel announced that Saturday, October 26 will be the first Roswell Park Night at the Races in the Historic Batavia Downs Clubhouse.

The event will begin at 5 p.m. with the live racing meet starting at 6pm. A $50 ticket includes a buffet dinner, $25 in Free Play, and a racing program. In addition, there will be a silent auction with donated items, including various prize baskets, tickets to local sporting and music events alongside autographed sports memorabilia. Proceeds from the evening will support cancer research and patient care initiatives at Roswell Park. Tickets can be purchased at www.bataviaconcerts.com.

A full card of harness racing highlights the evening, beginning at 6 p.m.  Race sponsorship opportunities are available and interested parties can contact Barb O’Rourke at 716-998-2179.

“We know how important the work is that Roswell Park does in our community,” said Henry Wojtaszek, President and CEO of Batavia Downs. “We are honored to host this event that will help raise awareness and provide funds for their mission.”

“Roswell Park is thrilled to be the Live Racing Series Sponsor for the 2024-2025 season at Batavia Downs. Batavia Downs, their board and staff have shown a deep level of commitment by organizing and hosting a variety of events throughout the season where a portion of the proceeds support the incredible work we are doing at Roswell Park. We are immensely grateful,” said Jenn Hickok, Roswell Park’s Director of Corporate and Sports Partnerships.

Next year will mark 30 years since Kevin and Michael Bacon first performed as the Bacon Brothers. And as they approach that milestone, with a new album, “Ballad of the Brothers,” having been released and a tour cycle just starting, the brothers admit they never envisioned this musical venture would last three decades or produce as much music as it has.

“For me I don't know, I didn't really have a grand plan in the same way that I did for my acting, you know what I mean?” said Kevin Bacon -- yes, the A-list actor known for roles in such hit movies as “Footloose,” “Mystic River” and “A Few Good Men -- in a late-June phone interview. 

“It was kind of like, well, let's do this show and then that show turned into another show. Of course, I would love to have success and a hit record and that would be really fun,” he said. “But it's really been more kind of driven by oh, we wrote this song. You want to play it for somebody. Oh yeah, we want go in the studio. We played it for somebody. It feels like it's getting good. Let's go in. Let's record it, you know, and put out the record. Getting something played widely has always been sort of elusive, you know. So it's hard to say is it where I envisioned it because I didn't really have that much of a wider vision for it.”

Kevin Bacon’s answer makes sense considering the idea of being the Bacon Brothers literally did start in the most modest of ways. The brothers had played music together since childhood without ever planning to do music together professionally. That began to change in 1995 when a long-time friend in the brothers’ hometown of Philadelphia who heard Kevin and Michael play offered to book them for a one-off gig at the local venue.

The show went well and word got out about the brothers -- who each had successful careers underway, with Kevin, of course, as an actor, and Michael as a songwriter, solo artist, and Emmy-winning writer of scores for film and other projects. More offers to play shows came in and eventually the bothers decided to continue writing music and performing as the Bacon Brothers.

Their first album, “Forosoco,” arrived in 1997, its title an acronym for the styles of music their songs encompassed -- folk, rock, soul and country. They’ve gone on to release nine more albums since then, while building an audience that now enables them to play large clubs and theaters across America.

Joining his brother for the interview, Michael Bacon said a few factors have helped give the Bacon Brothers the longevity they have enjoyed, including contrasting their genre-evading sound, contrasts in their writing style (he said Kevin Bacon is more groove driven, while he’s melody focused) and a shared focus on writing good songs, as opposed to emphasizing solos or other elements of the music.

“Both of us are always in pursuit of writing a great song,” he said. “We're not in pursuit of shredding (on guitar), you know. or of more octave range or whatever that happens to be…We have different ideas about music, but we both love songs yeah well that's kind of the thing you've always kept at the core.”

Like their previous releases, the new album is plenty diverse. Its range spans stripped-back folk-centric material (“Dreams of the San Joaquin,”), cello-laced pop balladry (“Airport Bar”), a country-flecked examination of aging (“Old Bronco”), a bouncy pop tune (“Put Your Hand Up”), a full-bodied mid-tempo tune that splits the difference between rock and folk (“Losing The Night”) and the bluesy standout (“Live With The Lie”). And that’s not mentioning the album’s boldest song, “Take Off This Tattoo,” which gets some EDM touches via the production from Kevin Bacon’s son Travis, while a stinging violin solo that further energizes the song. Overall “Ballad of the Brothers” isn’t soft, and in fact is a bit more robust than the brothers’ other albums.

With the Bacon Brothers starting to tour in support of their new album, fans will see the brothers front what they feel is a first-rate band with three additional musicians. They plan to include a healthy number of new songs in the show.

“We like to interject new stuff,” Michael Bacon said. “After a while, you play a song for so long it's just sort of, it's rote. Whereas if we throw a new song in, you know, we don't have a ton of time to practice and the guys in our band are just, you can throw something at them at sound check and they'll play it perfectly that night. So that's a big advantage. And it's fun to put new songs in. You don't really understand how to do a song until you play it live. You learn an awful lot from the audience by doing that.”

The Bacon Brothers will be performing at Batavia Downs on Friday, July 26.

By James Fink

Two events helped lay the foundation that led to Anthony Fernandez creating “Peace Frog,” a Doors tribute band.

And, both happened when Fernandez was 11 years old.

First came his viewing of “Apocalypse Now,” the Francis Ford Coppola-directed Vietnam-era movie that used the Doors “The End” in key scenes. The song became a lifelong hook for Fernandez, now 56.

Then he read Danny Sugarman and Jerry Hopkins’ best-selling Jim Morrison biography “No One Here Gets Out Alive’ about the life and times of the Doors’ lead singer.

Taken together, they became a seminal moment for Fernandez.

"It was the first book (‘No One Here Gets Out Alive’) that I read cover-to-cover,” Fernandez said.

Since 1998, Fernandez has led Peace Frog, a Doors tribute band, that will be playing July 19 at Batavia Downs as part of its summer concert series. Fernandez, like Morrison, is the lead singer.

“It is just part of my personal relationship I’ve had with Jim Morrison and the Doors since I was 11,” Fernandez said.

Peace Frog is considered one of the top Doors’ tribute bands. Like the Doors, the four-piece band includes Fernandez on vocals, Brad Watson on keyboards, Tyler Thigpen on guitar and Adam Thompson on drums.

The band has a deep following, having played in 30 states plus Mexico, Australia, Canada and Greece.

The set list, which varies from show to show, includes hits and well-known songs as well as lesser played Doors’ tunes.

Yes, “Riders on the Storm” and “Light My Fire” will be played but so will others like the “Alabama Song” or “Tell All the People.”

“On stage, I channel what I call the intellectual Jim Morrison, not the destructive one,” Fernandez said. “I’ve done every song by the Doors that’s out there."

As for Fernandez himself, he has played and sung with former Doors members guitarist Robbie Krieger and the late keyboardist Ray Manzarek

Fernandez began his singing career with attending the University of Hawaii, where he started out singing in cover bands. When he returned to Los Angeles - his hometown - in 1996, Fernandez continued singing in local bands before a friend said he sounded like Morrison and maybe he should front a Doors cover band. Thus, Peace Frog was born.

A key moment came with a weekly booking at the Venice (Beach) Bistro that turned into a 12-year gig every Sunday night. Their run began in 1998.

“That’s what really cemented the band,” Fernandez said.

From there, out-of-town and out-of-country bookings followed.

The bookings are sandwiched between Fernandez’ “day job”, serving as  political science and Chicano studies professor at Pierce College in Los Angeles.

“It does keep me busy and current,” Fernandez said.

Tickets are on sale through www.bataviaconcerts.com.

Peace Frog performs Friday, July 19 at Batavia Downs.

Press Release:

Batavia Downs Gaming & Hotel has announced that as part of a Guest Appreciation Celebration, Batavia Downs is now making the Peace Frog – Doors Tribute Concert, taking place this Friday, July 19, a free show.  

Those wishing to attend the concert can pick up their free GA ticket upon arrival at Batavia Downs inside of Park Place on Friday.

For those who already purchased tickets, they can visit the upgrade table located outside of the Park Place room on Friday, July 19 and have their tickets upgraded to the next section closer to the stage.

Canadian rock band April Wine headlined a packed crowd in the Friday night summer concert series at Batavia Downs Casino on Friday evening. 

Members formed the band in 1969, based in Halifax, Nova Scotia. From its inception, the band was led by singer-guitarist-songwriter Myles Goodwyn, who died in 2023. Brian Greenway now fronts the band.

On Record, an album released in 1972, reached the Top 40 in Canada and yielded two hit singles: a cover of Elton John's "Bad Side of the Moon” and a cover of Hot Chocolates' “You Could Have Been a Lady.”

Currently on a US and Canadian tour through the summer, you can find more details on their website www.aprilwine.ca

To view or purchase photos, click here.

All connections of horses pointed towards racing at Batavia Downs this year should note that a new text line has been established to relay vital information regarding draws and racing action for the upcoming meet that will start on Saturday, July 27.

Horsemen and women can sign up for this service by texting bataviadowns to 732-363-7700. Subscribing to this service will be advantageous to all when it comes to filling races or having immediate knowledge of any changes in schedule, so all are encouraged to do so as soon as possible.

There will be no political considerations in the search for new executive leadership of Western Regional Off-Track Betting, said Board Chairman Dennis Bassett on Friday afternoon in an interview with The Batavian.

The Batavian asked about political considerations in searching for a CEO to replace Henry Wojtaszek. We asked if there will be a background check on candidates' voter registration or if candidates would be asked to disclose if they are members of a political party.

"I can say, unequivocally, they will not," Bassett said. We are looking for people who can take Western OTB to the next level. Henry Wojtaszek is on the right side of the aisle, and I'm on the left side of the aisle. I have the utmost respect for Henry Wojtaszek and the way he ran this organization. We're looking for solid business people."

At the June board meeting, the majority of board members backed a resolution to provide severance packages to Wojtaszek, CFO Jackie Leach, and VP of Operations William White. This is essentially a buyout of contracts that will terminate their employment before the previously negotiated employment contracts expire.

Bassett became chairman of the board in October for a four-year term after the state legislature approved a bill terminating the board members at the time and giving greater voting power to the representatives from Monroe, Niagara, and Erie Counties, relegating the rural counties to minority status on the board.

There are 17 municipalities, including Genesee County, that co-own the OTB and receive revenue from the gaming operation's profits. The operation includes harness racing and video lottery terminals at Batavia Downs and remote facilities where race fans can place bets.

"There are a number of municipalities that need Batavia Downs to be successful," Bassett said. "I mean, their budgets need for us to continue to generate revenues for them so we can help them do things that they would like to do in their own municipalities. They are not interested in us playing politics. They need for us to make good business decisions. As long as I'm the board chair and I will be chair for the next three and a half years, we are going to look at the right business decisions and how we can move this organization forward. And that's not going to be politically motivated."

Bassett has selected the executive search committee, and the members represent a balance between urban and rural municipalities.

The members are Mike Horton, Steuben County; Mark Burr, Cattaraugus County; Ed Morgan, Orleans County; Elliott Winter, Niagara County; and Dennis Bassett, city of Rochester.

The committee will meet soon to establish the qualifications and experience they seek in a new CEO.

"I have been a part of several high-level searches of senior executives in my 51 years in corporate America and on boards outside Western OTB, and I think we are capable of conducting a national search in a very timely and effective manner," Bassett said.

Bassett suggested that politics played a role in buying out Wojtaszek's contract.

Wojtaszek has been singled out by political opponents in Niagara and Erie counties, most notably former State Sen. George Maziarz, who was once passed over for the CEO job. 

Several controversies have surrounded Western OTB in the past few years, including questions about health care insurance for OTB board members, the accounting of VIP tickets for sporting events in Buffalo, and Wojtaszek's use of a take-home vehicle.

The newest controversy involving Wojtaszek is the severance package he, Leach and White received.  An online news source in Buffalo published a one-sided report that apparently wasn't fact-checked, quoting Erie Democrats alleging the severance packages were illegal.

Bassett also addressed these latest allegations in his interview with The Batavian.

Reading from a statement prepared by OTB Attorney Terry Connors, Bassett made three points:

• The allegations were based on a reading of NYS Public Authority Law Section 43-A, which deals with severance packages for at-will employees of public authorities and limits the payout of any severance to three months of salary. The law, he noted, explicitly excludes entities such as Western OTB that were not created under that statute.
• Western OTB is a public benefit corporation organized under the NYS Racing, Pari-Mutuel Wagering and Breeding Law;
• So, the Public Authority Law does not apply to Western OTB and severance payouts.

"The severance pay limits only apply to employees under Chapter 43-a," Bassett said. "The same is true of Henry Wojtaszek. As such, the New York State Severance Pay Limitations Act does not apply to Mr. White Miss Leach, or to Mr. Henry Wojtaszek."

State law and prior case law, notably Civil Service Forum vs. New York City Transit Authority, a 1957 case, gives government entities in the state, such as authorities and public benefit corporations, the ability to operate as any American corporation would, offering competitive benefits, perks, and incentives to employees and board members, and to do "all things necessary or convenient to carry out its purpose." 

The court found that "unlike other agencies performing government functions, (it) is required to run the transit system like a business, in that its facilities must be operated on a self-sustaining basis. Recognized business practices should be permitted."

This is also why the health care benefits once provided to board members were not illegal.

The severance packages to Wojtaszek, Leach, and White:

• Wojtaszek will leave his job on Dec. 31. In exchange for foregoing the remaining time on his contract, he will receive a full year's salary.  He must also agree not to take a job or engage with any other entity in the gaming business through 2026.  
• Leach will leave her position after her sick, vacation, and compensation time, if any, in early spring 2025. She will remain on-premises through Jan. 31, 2025, and will split time between home and office in February. She will be paid half her annual salary for the remaining time on her employment contract.
• White will continue working through April 30.   He will use up any remaining sick leave and vacation time at that time. He will receive half of a full year's salary.

Bassett said these severance packages are right in line with common business practices in corporate America.

"I would say that, in my 51 years of corporate America, this is (in line with standard business practice)," Bassett said. "What a business is trying to do is, we're talking about an individual, these individuals, who were really a part of a very successful business. And right or wrong, we are trying to move the needle forward in a positive manner. And I would be less than honest if I didn't say that, yes, politics gets in the way of that. But we are running this organization. As long as I'm on the board, we will run it as much like a business as we can. I felt, and I convinced the board, that it's important for us if we're going to face the challenges of tomorrow, we need to move forward with new leadership. We and we rewarded, or we didn't reward. Yes, we did (reward). We addressed situations of people who were very successful in helping this organization go to the next level. Over the last two years, we had record earnings."

Barracuda, a Heart tribute band, certainly did Rock the Downs on Friday evening with a spot-on recreation of the class rock band's sound.

The band is led by Shareen Ann King, a Rochester native and currently a Nashville resident. She delivers an excellent, Ann Wilson-like vocal.  

Jennifer Janet is on rhythm guitar, and Chris Reynolds plays lead guitar.

Photos by Howard Owens.

The Western Regional OTB Board of Directors passed multiple resolutions at its regular meeting on Thursday.

Highlights:

• Hire Kim Crawford at a cost of $155,661 to maintain the race track in 2024 and 2025, which includes resurfacing, rebanking, and maintaining the track at the highest possible level. The contract runs July 27 through Feb 27 (72 live race dates) and July 26, 2025 through Dec. 6, 2025 (56 live race dates).
• Contract with Quality Inn and Suites, 8250 Park Road, Batavia, to provide four units at the hotel to accommodate up to nine groomers, required under an agreement with the New York Horsemen's Association, at a cost not to exceed $40,000. Quality Inn and Suites was the only hotel in the area that responded to a request for proposal.
• Contract with the Genesee  County Sheriff's Office is to provide law enforcement officers with assistance with security at Batavia Downs from June 1 to May 31, 2025, at a cost of $150,000.
• Contract with Batavia PD to provide law enforcement officers for additional security at the concert venue on concert nights, June 10 through Aug. 31, for a cost of $35,000.
• In order to provide additional parking for customers, contract with DAB LLC to allow parking in the former Kmart parking lot at a cost of $80,000.

CEO Henry Wojtaszek's departure from Western Regional OTB really is a decision rooted in consensus with the Board of Directors, he said on Thursday evening, hours after the board voted 14-1 to buy out his contract

His last official day with the company will be Dec. 31.

"For my part, this is something I've discussed with a few members for a few months," Wojtaszek said.

The Batavian asked if he would further explain his decision and he declined to elaborate.

There have been rumors that he intended to run for elected office in Niagara County.  He said that's not his intention at this time.

"You know, people have asked me about that many times," Wojtaszek said. "I really have no idea at this time what I'm going to be doing. Like I told people today, I plan to practice law. That's what I did before. I came here, and I was general counsel first. So, I plan to do that. Anything other than that, we will deal with it at the time."

Wojtaszek started with the company in 2010 and became CEO in 2016.  His salary is $264,898.

The agreement approved by the board provides Wojtaszek with a full year's salary, to be paid out on Dec. 15. 

In the same motion that signaled the eventual end of Wojtaszek's career with the OTB, the board also approved buyouts for CFO Jackie Leach, and VP of Operations William White.

They will each receive a half-year's salary, paid out on Dec. 15 also, at the end of their employment in 2025.

Previously: OTB board votes to buy out contracts of top three executives

In a regular monthly meeting on Thursday, the board of directors for Western Regional Off-Track Betting voted to buy out the contracts of CEO Henry Wojtaszek, CFO Jackie Leach, and VP of Operations William White.

The board called the buyout a "renegotiation." 

Board President Dennis Bassett issued a press release after the meeting stating, "We have mutually renegotiated these contracts in the best interest of each individual and our corporation."

The statement characterized it as an "amicable separation."

In a statement issued after the meeting,  Wojtaszek said:

I’ve enjoyed my 15 years here at Batavia Downs, and I want to thank the board and all of our 400 employees for their support.  My focus now will be on ensuring a seamless transition to new leadership.

I see a great future for this organization as they build upon many of our accomplishments that have made Batavia Downs a first-class entertainment venue.   

After the meeting, when asked if this change in job status didn't constitute a firing, Basset said, "It's at their request."

He also said there was no political pressure to status change.

"We don't run this organization based on politics," Bassett said. "This is a business. There's no political pressure here to do anything."

Wojtaszek started with the company in 2010 as general counsel and became CEO in 2016.  His salary is $264,898.

Under the terms of the agreement with Wojtaszek, the CEO will leave his job on Dec. 31. In exchange for foregoing the remaining time on his contract, he will receive a full year's salary.  He must also agree not to take a job or engage with any other entity in the gaming business through 2026.  Other benefits due to Wojtaszek will be resolved through negotiations.

Leach started working at Batavia Downs in 1989 as a staff accountant and earns $221,582 as the chief financial officer. She will leave her position after her sick, vacation, and compensation time, if any, in early spring 2025. She will remain on-premises through Jan. 31, 2025, and will split time between home and office in February. For the remaining time on her employment contract, she will be paid half her annual salary.

White was named VP of administration in 2012. His salary is $155,168.

He will continue working through April 30.   At that time, he will use up any remaining sick leave and vacation time. He will receive half of a full year's salary.

The resolution authorizing the "negotiations" authorizes Bassett to form a search committee for new executives.

The resolution passed 14-1, with Tim Callan, representing Erie County, casting the lone no vote. The seats for Seneca and Wayne counties are currently vacant. Genesee County's representative, Charles Zambito, voted yes.

After the vote, Board Member Vincent W. Horrigan, of Chautauqua County, said, "This cooperation, in my short time here, has achieved incredible results and performance for the counties for the state. That doesn't just happen. It's an incredible leadership team that made that happen. And I would just like to acknowledge the leadership team. They have done absolutely incredible work. Intentions are important, but results are to be congratulated."

Immediately after the meeting, Zambito declined a comment request.

While OTB's revenue and payments to the shareholder municipalities have grown significantly over the past decade, Batavia Downs has been the target of complaints about some of its business practices in recent years.

In November 2023, Western OTB protected $86.4 million in net revenue from racing and gaming operations for the year.  The 17 municipalities that own businesses were set to receive more than $10 million in distributions.

A decade and a half ago, the NYS Comptroller's Office issued a report that expressed concern that OTBs in the state, including Western OTB, were on the brink of failure. Since then, Batavia Downs has expanded gaming, added a concert series, remodeled its event space, started hosting more events, built a hotel, added two new bars, and remodeled its restaurant, with most of that business expansion coming in the past eight years.

The board came under fire for health insurance coverage members received based on a 2008 NYS Comptroller's report that seemingly contradicted previous comptroller's reports.  The report, which is no longer online, reportedly said Western Regional OTB wasn't permitted to provide free health care coverage to board members, even though two prior audits, state law, and case law supported the ability of government agencies that operated as businesses, such at Western Regional OTB, could in engage in standard business practices.

It's common in corporate America to provide health care, along with other compensation, to board members.

Attorneys for Western OTB said providing health insurance was legal, but an outside council hired to review the issue recommended that the board rescind the health insurance perk, which it did in 2021.

In another Comptroller's Audit, the agency found that OTB engaged in poor record keeping for how perks, such as tickets to Bills and Sabres games, along with other events, were distributed to Batavia Downs customers, implying that some tickets went to board members and family members. Contrary to some reporting on the report, there were no allegations of graft or illegal activity related to the perks.  The main issue was that Batavia Downs couldn't account for all of the tickets that were distributed.  At least nine percent of the tickets distributed by Batavia Downs went to non-players.  The facility has since improved its record keeping and tightened the rules around board members distributing and acting as hosts for gamers using the tickets.

The Comptroller also found that Wojtaszek did not properly record his use of a company-provided take-home vehicle.  Wojtaszek admitted that he did not file the proper paperwork and reimbursed OTB OTB $3,000 to resolve the issue.  At the time, the company was in the process of eliminating take-come vehicles and instead providing a vehicle allowance, which is now standard business practice in the United States.

Politicians and some reporters used the audits to misrepresent the issues raised as signs of "corruption." In May 2023, a Buffalo Democrat, Sen. Tim Kennedy, pushed through legislation to restructure the Western OTB board, establishing wasted votes based on county and city population, ending the equal distribution of board member votes among the counties and transferring control of the board to Buffalo and Rochester and Erie and Monroe counties.

The rural counties are suing the State of New York over the changes in voting structure.

"I can only say that I echo what Mr. Harrigan said," Bassett said after the meeting. "They have done a tremendous job. And they deserve, really, the time that they are going to move on and move forward with other endeavors. It's been a pleasure to work with all three of them."

Smash Mouth brought more than a decade's worth of hits and some poppin' new tunes to Batavia Downs on Friday night.

The set ranged from monster hits like Walking on the Sun, I'm a Believer, and All Star to their latest single, Ride On, which kept the crowd dancing and smiling throughout the performance.

Previously: Smash Mouth rides the next wave of 'Classic Rock' into Batavia Downs on June 21