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Preliminary figures from last month’s activity throughout Western Regional Off-Track Betting Corp. are indicating that the public benefit company will rack up another record year in 2023.

“Our preliminary numbers for December as well as the last quarter of the year were such that it looks like we’ll have achieved record earnings for ’23,” said WROTB Chief Financial Officer Jacquelyne Leach during Thursday’s board of directors meeting at Batavia Downs Gaming. “It’s trending toward $9.3 million to $9.4 million.”

Leach said that earnings in October and November rose to $1,078,193 – up more than $500,000 than the anticipated in the corporation’s operating plan.

In light of that, $44,091 was distributed to WROTB’s 17 member municipalities in surcharge for the month of November.

As reported on Thursday, Dennis Morgan, director representing the City of Rochester, was elected by the board to serve as chair.

The vice chair position will be held by Edward Morgan (Orleans County), who served in the same capacity for many years before the board’s dismantling by New York State last spring.

In other developments, the board approved:

• A contract with former Buffalo Sabre Danny Gare for “goodwill appearances” on behalf of WROTB in 2024. The pact calls for Gare to receive $29,000, with details to be spelled out in the near future.
• A one-year contract with Great Lakes Environmental & Safety Consultants, Inc., for $20,400 for “continual workplace safety compliance assistance.”
• A proposal from L&M Specialty Fabrication of Batavia for $90,853.58 for a complete custom gate with electric and truck modifications for the harness horse track at Batavia Downs.
• A contract with Jim Fink for one year at $1,500 per month to support WROTB’s social media marketing and provide organizational updates to staff.

Timothy Callan, the newest appointee to the Western Regional Off-Track Betting Corp. board, isn’t able to vote yet – he’s waiting for his license from the New York Gaming Commission – but that didn’t prevent him from questioning the other directors and WROTB President/Chief Executive Officer Henry Wojtaszek on several matters Thursday morning.

Callan, the Erie County Deputy County comptroller, is representing Erie County on the board after his appointment by Erie County Executive Mark Poloncarz. Callan’s boss, County Comptroller Kevin Hardwick, has been an outspoken critic of the public benefit company’s policies and practices.

He is replacing Jennifer Hibit, secretary of the Erie County Democratic Committee, who resigned due to a state law prohibiting “party officers” from serving on the WROTB board.

As Dennis Bassett (City of Rochester), who was elected unanimously today as the board chair for the remainder of his four-year term, led the meeting, Callan made his presence known, seeking answers about the corporation’s hiring practices, salary adjustments, branches, lobbying firms and insurance.

HIRING OF ASSISTANT GM FOOD/BEVERAGE
When Personnel Committee Chair Elliott Winter (Niagara County) introduced the establishment of a new position, assistant general manager for Food & Beverage, Callan sought information about WROTB’s hiring practices.

Wojtaszek said the new job is not a union position, adding that employees coming in at “Grade 6 or below are hired by me, after posting and after an interview usually with the department head, and the higher level positions are hired by the board.”

Callan said that the proposition of a new assistant general manager “prompted me to ask these general questions about who hires, interviews, makes decisions on personnel.”

Responding, Wojtaszek said that, in this case, he would be the one doing the hiring.

Callan then asked for a document showing the different positions in the corporation, with Chief Financial Officer Jacquelyne Leach pointing him to the operating plan for 2024. After that, Callan requested a copy of the WROTB organizational chart.

RAISES FOR EXECUTIVE OFFICERS
Next on Winter’s report were monthly salary adjustments for the corporation’s senior management team -- $1,250 for Wojtaszek, $1,041.67 for Leach, $625 each for VP/Administration William White and Chief Operating Officer Scott Kiedrowski and $416.67 for VP/Operations Sean Schiano.

Winter based the raises -- ranging from $15,000 per year for Wojtaszek to $5,000 per year for Schiano -- on “the success of the corporation in 2023.”

Callan asked what the salaries would be after the adjustments, with Wojtaszek answering, “we can get you those numbers.”

The Batavian received those numbers from Leach in an email this afternoon.

The increases, which were approved unanimously by the board, bump the salaries up as follows:

• Wojtaszek, $299,128
• Leach, $244,045
• Kiedrowski, $180,098
• White, $174,898
• Schiano, $142,072.

“These are considerable salary adjustments,” Callan noted. 

Bassett responded, “They really aren’t,” and asked Director Jimmy Wilmot (Monroe County), who has experience in the gaming industry, to “talk big picture” about the competitive environment facing casinos such as Batavia Downs Gaming.

“I won’t get into the weeds about private businesses that I’ve participated in … but this industry in general is very nomadic; to keep people, you have to pay them,” Wilmot said. 

Callan said he understood that, adding that “this is a governmental entity.”

“This is a government entity that is competing in a very competitive commercial environment,” Bassett offered. “And if we're going to -- as we talked in our committee meeting yesterday -- if we're going to keep leading-edge people that manage this business the way we would like them to manage it and lead the way we have led …”

He then cited 2023 statistics that indicate Batavia Downs Gaming increased by 11 percent in net win (the amount in the video lottery terminals after payouts), by 8.4 percent in attendance, by 14 percent in beverage and food sales and by 15 percent in hotel sales and suites.

“And we increased our distribution to municipalities which is key to me and most important to me; that was up over 9 percent,” he added. “This board felt that with those gains – and it doesn’t happen every year – and with the success this leadership had in 2023 … it was important to reward the leadership team.”

Callan then asked if each one of those officers had contracts (they do) and if the contracts provide for adjustments such as these and annual cost-of-living adjustments.

The answer he received was that there are no cost-of-living provisions in the contract and that the officers’ base compensation can be reviewed only by the board of directors.

“When was the last time that these five individuals had compensation adjustments?” Callan asked.

The board authorized contracts for each of these officers in May 2023, just prior to the reorganization of the board by the state government, and each of the five received substantial raises at that time as well.

LOOKING AT THE FUTURE OF OTB BRANCHES
Callan’s next topic was the status of WROTB’s eight branch locations, or what used to be called OTB parlors. 

“It’s my impression or maybe more than an impression that the branch locations don't make a lot of money and, in many cases, are negative in the corporation’s financial statement,” he said. “The cost to operate the branches is more than the revenue coming in from the branches.”

Callan wanted to know if there is a plan in place pertaining to the branches, wondered out loud what happens to employees when branches are closed and asked whether there are plans to close more branches in 2024.

Bassett acknowledged that the branch operation side of the company is under scrutiny.

“We have been looking at the branches, and we have been closing branches that were not profitable,” he said. “And a number of employees in those branches have been retiring. And what I presented to the leadership team yesterday was a strategic plan.”

He said that part of the strategic plan is to “reinvent” the branches “because we do want WROTB out in the community and how we can work with those branches to better have them be a part of the overall look and feel of our organization.”

In previous meetings, Wojtaszek informed the board that management was taking a hard look at the branches, and he reiterated that at Thursday’s meeting.

“The answer is that we will be looking at the branches very shortly -- within the next couple of months,” he said. “We haven't made any decisions. We talked about previously meeting with the branches and the employees ahead of time, and that is what we intend to do before we make any decisions.”

Leach said that seven of the eight branches were not profitable in 2022 but did point out that revenue from branch activity does contribute to the surcharge distributed to the 17 member municipalities.

Further discussion of the branches, initiated by Callan, focused on whether the corporation owned or leased the buildings and how sales of those buildings are recorded.

QUESTIONING ROLES OF WROTB LOBBYISTS
Three resolutions before the board spelled out six-month extensions with three Albany-based lobbying firms – Bolton-St. Johns at $8,500 per month, Upstate Strategic Advisors at $3,500 per month, and Mercury Public Affairs at $8,000 per month.

On this subject, Callan asked whether the corporation was getting its money’s worth and whether there were metrics in place to gauge its effectiveness.

“Generally speaking, what are the lobbyists doing? Are they lobbying state legislators? Are they lobbying the governor’s office? Are they interacting with the Gaming Commission? Are they interacting with local governments?” he said.

“All of the above,” Wojtaszek said.

Continuing, “We discussed some topics and, as you said earlier, are not appropriate to discuss in a public forum. We have certain items that we're going to ask them to look at, and we certainly will share that with you in another setting.”

Bassett said the board desires to put metrics in place to be able to evaluate the success of the lobbyists.

“We want to … have a level of specificity around those individuals that we’re hiring and the results they provide to this board.”

All three resolutions passed without a “no” vote.

SEEKING COMPETITIVE BIDDING FOR INSURANCE
Directors passed a resolution to contract with Travelers Insurance Co. through Dec. 10, 2024, for property insurance for the Hotel at Batavia Downs. The premium is set at $59,261.

With that, Callan asked about the process of contracting with insurance companies.

Wojtaszek said management is reviewing proposals for Batavia Downs Gaming, with the intention of using a competitive bidding process. Garland Insurance of Phoenix, Ariz., has provided insurance for the facility since 2016.

After eight years on dialysis and currently living with a deteriorating transplanted kidney, Batavia resident Jim Urtel Jr. is reaching out to a charitable organization that has taken a page from the “it takes a village” model.

Urtel, 54, a Le Roy High School graduate and longtime trainer/groom of racehorses, needs a second kidney transplant – this time from a live donor.

In an effort to speed up the process, he has connected with Kidneys for Communities, a nonprofit that is dedicated to increasing the pool of living kidney donors in the United States.

“I found out about Kidneys for Communities last June from an old friend, her name was Pam, that I met back in 2020, when I got the first transplant,” Urtel said on Friday. “I just started looking online to see if I could find any help or something. Thankfully, this (organization) helps people like me who need a kidney from a live donor.”

Urtel, encouraged by his parents and by his partner of 30 years, Renee Hozlock, is doing the things he needs to do – exercising regularly (he’s dropped 50 pounds), counting his calories, drinking plenty of bottled water and maintaining a positive attitude – as he waits for a donor.

Prior to 2012, Urtel was busy in the harness horse racing industry, mostly in Pennsylvania. An only child, he came back to Batavia to be there for his mom after his grandmother became ill.

“I was getting ready to work for a guy at the track here in Batavia and I had been a little bit sick for about a week or so. When I laid down at night, I had trouble breathing,” he recalled. “So, I decided to go to the emergency room and get checked out. I thought I had pneumonia or maybe bad bronchitis.”

After testing, he was told that his blood pressure “was through the ceiling,” he said, and that his kidneys had shut down.

“I had untreated sleep apnea and that was raising the blood pressure,” he said.

It was then that he started on dialysis and that lasted for eight years before he received a transplant in 2020 from a deceased donor. As it turned out, there were problems with the transplanted kidney.

“The first year was rough. I had tons of extra fluid. They couldn’t regulate the blood pressure and I gained 50 pounds,” Urtel said. “Little did I know, this kidney was bad, they didn’t tell me that. I think it was a little bit of a little story to keep me going.”

Tested recently, it was determined that his kidney failure risk factor was at a high level, once again making him eligible for a transplant.

“This time, it's going to have to be a live donor because I already did eight years of dialysis and the average lifespan on dialysis is seven,” he said. “That’s why I’m working with Kidneys for Communities. They have pairing programs and other ways to find matches.”

While Renee said she was willing to donate one of her kidneys, she’s not a match.

The chief executive officer for Kidney for Communities said he can relate to Urtel’s plight.

“First of all, I'm a kidney recipient myself,” Atul Agnihotri said by telephone on Friday. “So, I sort of know what Jim's going through and that’s the foundation of how we started this organization. I felt that I got lucky when I received my kidney, and a lot of people in the same journey with me were not as lucky.”

Agnihotri said his organization focuses on sharing patients’ stories in their own communities to maximize their chances of receiving transplants.

“We know that within the community is where the affinity, the relationships and identification is the strongest,” he said. “And members are willing to help other members. A community could be that you are living in a smaller city were people have this binding relationship with each other, or you could be going to the same church.”

Kidneys for Communities does not charge a fee to donors, recipients or transplant centers, Agnihotri said.

“We collect our own funds. All our funders currently are people that are associated with kidney disease, either their themselves as recipients, family members of the recipients or their donors,” he explained.

“If you look at our organization, we have an incredible list of people that are associated with it. A lot of those people are altruistic donors, meaning that they just kind of like walked in and said, whoever needs a kidney, I'm willing to give one.”

And that’s just the type of person that Jim Urtel is hoping to find.

For more about how to help Urtel: https://kidneysforcommunities.org/recipient/jim-urtel/

For more information about Kidneys for Communities, go to www.kidneysforcommunities.org.

“Give it a shot and see if you like it or not.”

With those words, or something to that effect, Scott Woodward accepted his father’s advice and took a shot at qualifying for the U.S. Army Reserve Officer Training Corps program at SUNY Brockport.

“When I went to college, I competed for one of the two-year ROTC scholarships between my sophomore and junior year,” said Woodward, (photo at right), a 1989 graduate of Batavia High School. “I was interested in ROTC, but it was never pushed on me.

“My dad asked me to give it a shot and see if you like it or not. I ended up getting the scholarship and, from there, it just kind of came naturally to me, and I did pretty well at it.”

“Pretty well” is quite the understatement.

Today, Woodward is five months away from a 30-year career in the Army and has progressed through the ranks to earn the title as Brig. Gen. Scott C. Woodward – making his parents, Tim and Maria, his family and his hometown proud.

PROMOTED TO BRIGADIER GENERAL ON DEC. 7

Woodward was promoted from colonel to brigadier general by the U.S. Army Chief of Staff on Dec. 7 at a ceremony in McLean, Va. His promotion was delayed for several months due to a confirmation hold by Sen. Tommy Tuberville.

The 52-year-old Batavia native, who now serves as the Deputy Commanding General-Training at the Army’s Combined Arms Center in Fort Leavenworth, Kan., said he sometimes has to pinch himself to make sure it’s not a dream.

“It’s weird,” he said during a phone interview with The Batavian earlier this week. “I had to catch myself because I’m still trying to say ‘Colonel’ sometimes (when talking about himself) because I was a Colonel for seven years.”

For an officer to reach such an elite level, it takes a combination of service and leading others, said Woodward, who was commissioned as a second lieutenant after completing the ROTC program.

FOUR DEPLOYMENTS IN IRAQ

Woodward has all of that, and more, on a resume that includes four deployments in Iraq during Operations Iraqi Freedom and Inherent Resolve, along with deployments in Bosnia-Herzegovina for Operation Joint Forge and Kuwait for Operation Desert Spring.

“It was March 2003, as a captain during OIF, when I was experienced combat,” Woodward said. “I went over there as a troop commander during the ground war – the initial invasion, we went all the way from Kuwait to Baghdad.”

He took on a different role during Inherent Resolve in 2014 after being promoted to lieutenant colonel.

“I was a G3 (operations officer) for the First Infantry Division … right when the whole ISIS thing really kicked off,” he noted.

TAKING ON LEADERSHIP ROLES

Woodward has excelled at various posts in the states, as well, including:

-- The Armor Colonels assignment officer, Senior Leader Development, Office of the Chief of Staff of the Army, Washington DC.

-- Operations Officer, 1st Infantry Division, Fort Riley, Kansas.

-- Office of the Deputy Chief of Staff G3/5/7, HQDA, Washington DC.

-- Executive Officer to the Commanding General of US Army Training and Doctrine Command, Fort Eustis, Va.

He is a graduate of Armor Officer basic course, Aviation Officer advanced course, the Command and General Staff College, and the US Army War College, where he earned a master’s degree in strategic studies from the Army War College.

Woodward said that being a commander is vital to moving up the ladder in the Army, and he was fortunate to be selected to lead men and women every step of the way, as a captain of a tank company and reconnaissance troop in Fort Stewart, Ga., as a lieutenant colonel of a cavalry squadron at Fort Riley, Kan., as a colonel of a cavalry regiment at Fort Irwin, Calif.

'RIGHT PERSON FOR THE JOB'

Last August, Woodward was named the new Combined Arms Center-Training Deputy Commander during a ceremony in Fort Leavenworth.

The previous Commanding General Lt. Gen. Theodore Martin (photo at left) said Woodward was the right person for the job, which oversees around 1,400 enlisted men and women and civilians.

According to an Army public relations’ article, Martin pointed out that he had served with Woodward at the Training and Doctrine Command.

“I’ve seen what this officer can do,” Martin said. “I saw what he did in the Mojave Desert leading the Blackhorse (11th U.S. Cavalry) Regiment and I have nothing but high hopes and great expectations for what you will do for CAC Training.”

Woodward said he calls Kansas home, having met his wife, Judy, there in 2006, and having been stationed there five times. One of his two daughters graduated from the University of Kansas.

Speaking about his new job, he said, “Essentially, I manage the training enterprise for the entire Army; all the training aids, training devices, simulators, simulations, ranges, the constructive simulations that we run for our corps and divisions.”

It’s a high-level management position with a $2.3 billion portfolio every year, he added.

WORKING WITH 'THE BEST' PEOPLE

For someone who thought he would give the Army four years and move on, Woodward said his motivation to serve is as strong as ever.

“I would say that the thing that keeps me in the Army -- the thing that keeps me motivated -- is the people,” he offered. “I’m serving with the best people in the world. And I think the job we do on a daily basis is worth it to me and to the people I serve with and what we do for the American public, I believe in it.

“And that's what keeps me motivated and staying in. I still think I'm making a difference in people's lives. And I still feel like I can contribute.”

Woodward was quick to add that he’s “proud” to be from Western New York and from Batavia.

His Batavia family is well known, with his parents, Tim and Maria (Gilmartin), and brother, T.J., having owned and operated Gilmartin Funeral Home for many years. His sister, Michelle, now resides in Atlanta.

STAYING LOYAL TO THE BUFFALO BILLS

Military service is not foreign to the Woodwards and Gilmartins as Tim served in the New York Army National Guard and his late brother, Mike, was in the Navy. Both grandfathers, the late Earl Woodward and Darwin Gilmartin, served in the Navy during World War II.

Woodward has two grown daughters, Savannah, who lives in Newport News, Va., and Sydney, who resides in Charlottesville, Va.

Although he hasn’t been in Western New York for quite some time, his love for the Buffalo Bills hasn’t waned.

“The Bills played out here a couple weeks ago against the Chiefs and I went to the game with a Bills’ jersey on,” he said excitedly, talking about Buffalo’s thrilling 20-17 victory. “I’m still and always will be a Bills fan.”

Elba defeated host Notre Dame, 49-44, in Genesee Region girls’ basketball action Wednesday night.

Sofia Falleti recorded a double-double for the Irish, scoring 20 points and grabbing 10 rebounds. Nina Bartz added 12 for ND.

ND Coach Vinny Falleti:

“Our team played hard tonight and made runs to come back but couldn’t put together a complete game against a physical Elba team. The game was back and forth with a lot of intensity. We will see each other again late in the season.”

Statistics from Elba have yet to be submitted.

For more high school sports competition from last night, click on the Sports tab at the top of the home page.

Photos by Debra Reilly

The top-ranking official of Western Regional Off-Track Betting Corp. says many factors will be taken into consideration in the coming weeks to determine the future of the public benefit company’s OTB branches.

Meanwhile, the representative of the employees’ union is reiterating her insistence that the workers at those eight locations are included in the process.

With only two of the branches projected to show a profit for 2024, management and the board of directors will be taking a deep dive into that segment of WROTB’s organization soon after the first of the year, President/Chief Executive Officer Henry Wojtaszek said on Friday.

“It’s definitely a concern, and it’s something that the board has asked us to address,” he said. “We will address it with our employees, we will look at it and we will make decisions that are in the best interests of the company as to what the mix might be between branches and EZ Bet locations.”

As she did after a WROTB board meeting in August, Antonella Rotilio, labor relations rep for United Public Service Employees Union Local 1222, contends that no decisions should be made without the input of the branch employees.

"Right now, we're in the dark,” she said, also on Friday. “There have been no conversations about saving the branches. We know that Henry’s goal is to close the branches. All we’re looking for is some transparency and to be part of the conversation before they take action and go to the board to approve what they’ve done.”

Rotilio (photo at left) said she believes that management nor the board respects the union.

“We have employees who have been with the corporation for 30 years and they should not be reading anything in print about possibly losing their jobs. It should be a discussion at the very least with the union,” she said.

When asked about respect for the employees, Wojtaszek replied that he has “great respect for our employees; they do a great job. We've tried to reward them for the great year that they've had (with a 4 ½ percent raise for 2024). We love the way they treat our customers. We love our employees.”

When asked about respect for the union, he said, “We love our employees.”

Over the years, WROTB, headquartered at Batavia Downs Gaming on Park Road, has whittled down the number of branches to the current eight while increasing its EZ Bet location presence to 28. EZ Bets are employee-less sites at existing businesses where customers can wager on horse racing.

Rotilio said the branches employ about 40 people, many who have been on the job for quite some time, in Auburn, Jamestown, Rochester, Monroe County (two), Erie County (two), Niagara County and at Batavia Downs Gaming.

The corporation’s operating plan for next year lists only the Clinton branch in Erie County and the Lyell branch in Rochester as profitable. All told, the projected net loss for the branches is close to $300,000. The total handle for all the branches is projected to exceed $22 million.

Rotilio said the branches provide a vital service to the customers and host communities and believes that more effort should be put into promoting them.

“They (management) don’t come to us and say, ‘Hey, this branch has been underperforming for this amount of time or this many years, we need to work on a plan. It’s just they show up one day and say, ‘We're closing the branch.’ So, it's coming out of nowhere,” she said.

In October, the board voted in favor of the sale of OTB branches in Phoenix, Oswego County, and West Ridge Road, Monroe County.

Branch employees’ lives are in limbo, fearing that their jobs could be terminated at a moment’s notice, Rotilio added.

“I have said to board members that before you vote on a decision based on (financial) numbers that you’re seeing, you need to meet with us, talk to the members (union employees) because it affects the communities as well,” she said. “We hear from the customers, telling us that this has been part of their lives for a long time.”

Wojtaszek said the plan is to communicate with the employees and share their concerns with the board.

“In the end, the board will do what is best for the company,” he said, emphasizing that no one in the corporation has brought up eliminating all of the branches.

He noted that he would like to see legislation at the state level that would allow sports betting to take place at OTB branches.

“We've always talked about that. If sports betting was allowed in these OTB branches, that certainly will make a difference,” he said. “Part of the problem is they made it available so that some of these sports betting companies can take horse bets but not the reverse. FanDuel now has horse race betting on their website, but we can’t offer sports betting.”

A raise for all Western Regional Off-Track Betting Corp. employees, a plan to expand The Hotel at Batavia Downs and an application to add more terminals to the gaming floor.

Those items and the passage of about 65 resolutions that had been in the hopper for up to three months gave WROTB directors plenty of activity at this morning’s board meeting at Batavia Downs Gaming on Park Road.

Directors voted in favor of a resolution granting all employees of the public benefit company a 4 ½ percent raise, effective Jan. 1-Dec. 31, 2024.

“The organization is only as good as the people who support the organization,” said Temporary Chair Dennis Bassett (City of Rochester). “… It a step in the right direction for us as a board.”

The pay increase extends to all employees, union and non-union, including senior management, who were given a three-year contract last spring.

WROTB President/Chief Executive Officer Henry Wojtaszek said the (United Professional & Service Employees) Union signed a contract “that gives those workers the same raise as the entire corporation.”

“In the old days, they had a separate clause in there where they would have a raise depending upon what they negotiated that year,” he said. “But the latest contract that they signed, they get the same as every other employee at WROTB.”

The resolutions stated that Batavia Downs Gaming’s net win (money left in the gaming machines after payouts to customers) rose by $7.2 million from 2022 to 2023 and attendance increased by more than 58,000 during that same period. Additionally, food and beverage, and hotel room sales increased by 14 percent.

Update: Antonella Rotilio, UPSEU labor relations representative, said that the union is "very pleased that the board acknowledges the success of the corporation because of the members and the employees. Those are big steps."

HOTEL FEASIBILITY STUDY APPROVED

The board passed two resolutions pertaining to The Hotel at Batavia Downs – one to extend its contract with Hart Hotel Inc. to manage the 84-room facility for three more years at a cost not to exceed $9,000 per month and the other to authorize spending up to $100,000 for a feasibility study to determine if expansion is warranted.

Wojtaszek said that Dave Hart, owner of Hart Hotel Inc., will “take the lead on looking for an architect to do the drawing and for a company to study how an expansion would affect our business.”

He said the board will not make a decision until the feasibility study is complete and submitted for review. He said adding 40 rooms has been talked about but “nothing is definite at this point.”

MORE GAMES ON THE FLOOR?

Vice President/Operations Sean Schiano has applied to the New York State Gaming Commission for the right to add 18 more Video Lottery Terminals to the gaming floor.

Wojtaszek said the addition of 18 games would max out the floor, increasing the total number to 928.

“After that (approval) we probably will not have much more room to expand on the current floor, so we’d have to take a different approach,” he said. “But those 18 will fit on our current makeup.”

In other action, the board voted to approve the 2024 Operating Plan that was submitted by Chief Financial Officer Jacquelyne Leach and her staff. 

Previously: Member municipality distributions to approach $10 million in 2024: WROTB chief financial officer

The makeup of the Western Regional Off-Track Betting Corp. board of directors is changing once again.

As a result of a New York State law prohibiting political party officials from obtaining a license from the state Gaming Commission to serve on the WROTB board, Jennifer Hibit, who was appointed to represent Erie County in June, has resigned.

Hibit is the secretary of the Erie County Democratic Committee.

WROTB President/Chief Executive Officer Henry Wojtaszek today confirmed that Hibit is no longer on the 17-member board and has been replaced by Deputy County Comptroller Timothy Callan.

Callan was not at this morning’s directors’ meeting at Batavia Downs Gaming because he has yet to receive his license from the Gaming Commission.

Following the meeting, Wojtaszek told The Batavian that the law covers two areas – someone who is a party officer and someone who is a public officer that potentially could have a conflict of interest.

“The law defines a party officer as someone with a national, state or county political committee, and that applies to Hibit as well as Crystal Rodriguez-Dabney (City of Buffalo representative),” he said.

Wojtaszek noted that Rodriguez-Dabney, who is the vice chair of the Erie County Democratic Committee, has not indicated whether she will be resigning yet.

Continuing, he said the when looking at the public officer portion of the law, it defines someone that could be ineligible as an elected or appointed official “who has a conflict due to dealing with the pari-mutuel betting process or taxation thereof.”

When exploring that section of the law, there are five current WROTB directors that fall into that category:

-- Terrance Baxter, Moravia (Cayuga County) town supervisor;
-- Edward Morgan, Orleans County legislator;
-- Paul Bartow, Schuyler County planning commission and historical society board member;
-- Michael Horton, Savona (Steuben County) Village Court judge;
-- Susan Way, member of the Wyoming County Board of Supervisors.

Wojtaszek said those five were required to sign a form indicating there was no conflict of interest, action that was confirmed by Morgan during a break in today’s meeting.

“They can stay on the board as long as they certify that there is no conflict and that the prohibition does not apply to them,” Wojtaszek added.

With Hibit not there because of her resignation and Rodriguez-Dabney also absent, the board needed the presence of Monroe County director James A. Wilmot to be in attendance – and he was -- to have a quorum. Erie County has 24 votes and Buffalo has 10 out of the 100 votes in the weighted voting system; Monroe County has 20 votes.

Hibit’s replacement, Callan, works for County Comptroller Kevin Hardwick, who has publicly spoken out against WROTB’s policies and practices.

In a report from a Buffalo-based publication, Hibit said she had disclosed her role with the Democratic Committee when she applied for the position, and a Gaming Commission official stated that it was an oversight until recently.

In a related matter, the board is scheduled to vote on a new permanent chairperson at its January meeting. Dennis Bassett (City of Rochester) has been serving as the temporary chair.

A senior associate with a Rochester-based engineering firm on Tuesday night updated the Batavia Town Planning Board on a proposed solar project on Oak Orchard Road, outlining four changes from the site plan that originally was submitted nearly a year ago.

Marc Kenward of Erdman Anthony LLC, representing New Leaf Energy of Lowell, Mass., said revisions have been made in four areas – type of solar panels, potential glare, the entrance to the array and location of National Grid’s inner-connection service line.

The plan is to place a 5-megawatt solar farm on 20 acres at 7757 Oak Orchard Rd., property owned by Batavia businessman and farmer Tim Call. As initially presented, the solar installation will go on an 85.5-acre parcel just south of Daws Corners on Route 98.

The large tract already contains a 15-acre solar farm, which will share its existing entrance with the New Leaf Energy project, Kenward told the board during the meeting at the Batavia Town Hall of West Main Street Road.

Kenward, working off a large drawing of the area in question, said that “the company that owns the array out back – we’re still waiting on that signed agreement to use this existing entrance, which we were rather forced to do because the DOT (state Department of Transportation) only allows one entrance to a parcel like this.”

Earlier, he informed the board that the New Leaf Energy project is switching from “fixed” solar panels to what he called “trackers” that move “and follow the sun the whole day.” The trackers will be placed in a north-south direction, unlike the fixed panels that were lined up in an east-west direction.

He said a glare study was conducted about three months ago and has been deemed “satisfactory” and that the National Grid inner-connection was moved south by about 80 to 100 fee to become perpendicular with Route 98. A turnaround for National Grid trucks to maneuver also has been added.

Following his 11-minute update, the board unanimously voted to approve the revised site plan. Work on the property is several months away, Kenward noted, added that construction plans need to be drawn up.

Other than three longtime Western New York Off-Track Betting Corp. directors, no members of the company’s board are receiving or will be eligible to receive health insurance benefits going forward.

WROTB President/Chief Executive Officer Henry Wojtaszek, responding to a Freedom of Information Law request from The Batavian today, said that the public benefit company is paying the health insurance premiums for Dennis Bassett (City of Rochester), Thomas Wamp (Livingston County) and Richard Ricci (Seneca County).

The board of directors consists of 17 members, representing 15 counties plus the cities of Rochester and Buffalo.

“These individuals have qualified for a Medicare plan through Western Regional OTB due to their longevity prior to the board being terminated by state mandate,” Wojtaszek said. “No one else on the board has any coverage.”

New York State legislation last May dismantled the previous board and forced the municipalities to either reappoint the director or appoint someone new. Bassett, Wamp and Ricci were reappointed along with seven other rural county directors.

Following Wednesday’s board meeting at Batavia Downs Gaming, Wojtaszek reported that WROTB’s revamped health insurance plan for employees, other than board members, will be unveiled soon.

“We have the members of the (Labor Management Health Fund) coming in to speak with our employees within the next two to three weeks to inform them of the program,” he said. “And we'll see who takes advantage of it.”

Wojtaszek said two programs will be offered, with an eye on providing something affordable for younger workers and their families. He said WROTB is part of a large consortium with other businesses in the area.

WROTB’s program is a self-insured one where the company pays the cost of claims and also a firm to administer the plan.

When pressed about board members’ health insurance – something that has been in the press for several months and labeled as a “gold-plated” plan for directors, Wojtaszek said all of that changed for any board member approved after July 1, 2021.

“Nobody who is a board member currently is involved in our active (LMHF) program. They could be on Medicare because of an old program (referring to Bassett, Wamp and Ricci),” he said.

Directors who had health insurance through WROTB prior to the reorganization this summer are no longer eligible for the corporation’s LMHF plan, he said. The plan is administered by Lawley Insurance.

In related action, the board approved a resolution to renew a contract with Garland Insurance & Financial Services of Phoenix, Ariz., to provide commercial insurance – liability, property and directors & officers – from through May 31, 2024 at a cost of $1,147,215.46.

Wojtaszek said the premium reflects an increase of 8 percent. 

He also mentioned that WROTB has hired a consultant, Alterity Group, to work on a bidding process after the contract expires. WROTB has contracted with Garland since 2015, he said.

Western Regional Off-Track Betting Corp. management is projecting net revenue from its racing and gaming operations to approach $86.4 million in 2024, resulting in nearly $10 million in surcharge and earnings to be distributed to its 17 member municipalities.

At Wednesday’s board of directors meeting at Batavia Downs Gaming on Park Road, WROTB Chief Financial Officer Jacquelyne Leach went over the operating plan – or budget – for next year.

The plan is a comprehensive document detailing income and expense streams for all aspects of the public benefit company, and is based on actual numbers through October of this year and industry trends.

“It’s a work in progress,” Leach said, but acknowledged that it close to being finalized. The final plan will be presented to the board for review at its December meeting. After board approval, it is submitted to the New York State Gaming Commission.

According to the report, the 17 municipalities, including Genesee County, are expected to receive $606,616 in surcharge distributions and $9,268,586 in earnings distribution for a total of $9,875,202 in the 2024 calendar year. That is up from $9,654,748 to be distributed in 2023.

Surcharge funds are derived from a 5 percent fee collected from patrons on winning wagers at WROTB branches and EZ Bet locations. Leach said the earnings distribution is about 11 percent of the net revenue from operations.

While the 2024 distribution projections reflect the corporation’s record earnings the past two years, Leach said the numbers are more impressive when looking back to 2019, when surcharge and earnings distributions hit the $3.6 million mark, and considering the impact of COVID-19 the following year.

WROTB lost $9.6 million in 2020, Leach reported. Despite that, the corporation has and is projected to distribute $38 million in surcharge and earnings for the six-year period, 2019-2024.

“We ate into our coffers some $9.6 million in 2020. And that, from a financial perspective, is incredible if you think about it. That we will be distributing and anticipate, project, to distribute $38 million,” she said.

WROTB President/Chief Executive Officer Henry Wojtaszek added that profit realized in that year, beside the Payroll Protection Plan money to keep employees on the job, was from the off-track betting internet wagering side.

Batavia Downs Gaming was closed for six months due to the pandemic. It has bounced back strongly, however, with revenues, net win (credits played into the Video Lottery Terminals minus credits won) and distributions increasing each year. Leach is anticipating the net win total to increase to $89 million in 2024.

Leach and Wojtaszek touted the “very good news” when talking about gaming, food and beverage, and The Hotel at Batavia Downs, but painted a different picture when the subject turned to the harness horse racing industry and the financial health of the corporation’s eight brick-and-mortar OTB branches.

Only two of the branches – Lyell Avenue in Rochester and Clinton in Erie County – are expected to be profitable in 2024. Operational losses of the branches are at $418,202 through Oct. 30, 2023, continuing a downward trend.

Leach reported that all of WROTB’s EZ Bet (self-service) locations, however, have increased the company’s bottom line; none are in the red.

“On the OTB pari-mutuel side, they’re competing for the gambling dollar with sports betting, which came into New York State in January 2022,” she said. “Plus, we’re required to make statutory payments to other racing entities in New York State based on antiquated handle numbers from 1993 and 2002 when the handle was much more robust. We’re getting no legislative relief on that end.”

Wojtaszek said a “day of reckoning is coming” for horse racing, again mentioning sports betting and also a doping scandal that has rocked the industry.

“The sport has been damaged. The numbers are down,” he said. “Jackie's just giving the numbers from the last couple of years. If you look at what our handle was relative to OTB, when you go back a decade or two, it was $200 million. That was the handle -- $200 million.”

He said the horse racing industry needs to “police itself” better. He mentioned a recent CBS “60 Minutes” story that focused on a doping (drug) scandal that has resulted in deaths to numerous horses and prompted Congress to create the Horseracing Integrity and Safety Authority to institute uniform rules for the sport across the country.

Wojtaszek said WROTB is working with a consultant to help the corporation going forward “but it’s going to be much more expensive to have our live racing relative to the testing. But it’s something that’s necessary.”

State law mandates that Batavia Downs Gaming must operate a horse track to keep its gaming license.

The corporation has reduced the number of OTB branches (or parlors) over the years and more cutting may be on the way.

Director Vincent Horrigan (Chautauqua County) asked if WROTB will continue “to live with” the branch losses or “do we turn it around?”

“That’s a great question and worth a discussion after the first of the year,” Wojtaszek replied.

Currently, the eight branches – located in Auburn, Jamestown, Erie County (two), Monroe County (three) and Niagara County -- employ 31 people.

Western Regional Off-Track Betting Corp. directors today took on the task of passing a couple dozen resolutions that had been set aside, so to speak, while members of the revamped board obtained their licensing and right to vote from the New York Gaming Commission.

Many of the resolutions dealt with routine contract renewals such as maintenance, promotions and computers, and were passed with little or no discussion.

Such wasn’t the case for Resolution #62-2023, a measure authorizing the public benefit company to spend up to $25,000 through the end of the year for food and beverages at Highmark Stadium for Buffalo Bills’ games and concerts. When that came up, directors were ready with their questions.

The use of sporting event and concert tickets has been a sore subject for WROTB management since a 2021 audit from the state Comptroller’s office that, among other things, pointed out a lack of oversight of perks given to major players at Batavia Downs Gaming.

Erie County Director Jennifer Hibit, who holds the most voting power under the weighted voting system installed last May, asked whether a list of who attended a specific event could be provided to the board.

Marketing Director Ryan Hasenauer said he keeps track of who received the tickets, adding that the tickets could then be given to somebody else.

Hibit said, “I think it would be helpful to see who’s attended.”

“I mean, we know there have been issues with this in the past, and I think it’s important to know who’s attending these events – who the tickets went to,” she said.

WROTB President/Chief Executive Officer Henry Wojtaszek credited Hasenauer for maintaining the ticket list.

“And that’s why we’ve released it to the public and anybody else who has “FOILed” that information,” Wojtaszek said, speaking of the Freedom of Information Law.

Hasenauer then referred to the state Comptroller’s audit.

“Their recommendation was to track the tickets in the way that we are doing – the way we were already doing it – and they wanted to make sure we’re doing that moving forward,” he said. “What we’re doing now is at the recommendation of the state.”

A suggestion then was made to have a “sign-up sheet” at the events, not only for suites at Highmark Stadium but also when tickets are used for events at Blue Cross Arena in Rochester and the KeyBank Center in Buffalo.

Director Edward Morgan (Orleans County) said he didn’t think that was necessary because the board is now keen to the situation and will be monitoring events more closely.

Hasenauer clarified that tickets are awarded in two ways – to high rollers who reach a certain level of activity and as giveaways on “soft nights” such as Tuesdays and Wednesdays to drive traffic to the Park Road facility.

Temporary Chair Dennis Bassett (City of Rochester) said that “in the spirit of transparency, we should know in advance who is going to use the tickets.”

Wojtaszek said that once the ticket is issued, it belongs to the recipient. 

“We can’t stop them from giving it to someone else,” he noted.

Bassett then replied, “My goal is not to stop them, my goal is that when we get questioned, I’d like to be able to articulate that we're using these things in a way we want to use. I'm not I'm not trying to police them …”

Director James Wilmot (Monroe County) said he has attended events hosted by other businesses and never has seen a sign-up sheet.

“Whether I bring a spouse, friend, colleague, I'm not one of those people to get suspicious with sign-up sheets, but I know a lot of people that would,” he said. “And based on my previous experience with gamblers, who own various properties, they have no interest in listing who's with them. And there's some privacy stuff with that too.”

Hibit said she understood that once the ticket was issued, WROTB had no right to it. She did, however, ask if the board could see a report of the event “to see if there’s an issue that we could address it moving forward.”

Bassett said he appreciated the dialogue over this matter, acknowledging that the board “might be a little sensitive because we’ve been scrutinized with regard to these tickets.”

“We don’t want to over-scrutinize ourselves and cause problems with the people that we want to entertain ... so, I’m not in favor of a sign-in.”

Hasenauer advised that the resolution, as well as similar measures at Blue Cross Arena ($30,000 for food and beverages) and KeyBank Center ($75,000 for food and beverages), will run through the 2023 season and into the spring of 2024. All three resolutions passed unanimously.

In other action, the board:

-- Approved spending $275,000 with Tops Friendly Markets for $20 gift cards used to promote the Hotel at Batavia Downs. Hasenauer said the Sunday through Thursday promotion, which started in June 2022, has been a tremendous success. “We’re booking over 700 rooms a month with this package,” he said, adding that most customers use the cards for gas or groceries at the nearby Tops Market.

-- Approved a resolution to conduct winter racing in January and February 2024 on Monday and Thursday afternoons. The Western New York Harness Horsemen’s Association has agreed to reimburse WROTB for any and all costs associated with conducting the additional 16 meets.

-- Voted to keep Bassett in the interim chair post through next month’s meeting. The board is expected to decide on a permanent chairperson in January.

-- Held a moment of silence in memory of Kenneth Lauderdale Jr., longtime director from Wayne County, who passed away on Oct. 25.

In Trisha Allen’s eyes, the need to help men and women returning to the community after being incarcerated far outweighs her job title at UConnectCare’s Reentry Program.

The Lyndonville resident recently was promoted by the agency, formerly Genesee/Orleans Council on Alcoholism and Substance Abuse, for her efforts over the past 2 ½ years to develop and solidify the program that provides case management and peer recovery services to those who have been in jail or prison.

A five-year employee at UConnectCare, Allen (photo at right) has moved up from coordinator to project director -- with expanded duties that include overseeing seven full- and part-time employees and communicating directly with the officer of the Offender Reentry Program grant from Substance Abuse and Mental Health Services Administration that funds the local initiative.

Allen said the Reentry Program has helped numerous men and women get their lives back on track.

She said the men and women who utilized the services that are offered and “did the work” are the ones that have made a successful transition from incarceration.

“In the end, it’s a matter of ‘what you put into the program is what you get out of it,’” she said.

Chester Shivers, a key member of the UConnectCare Reentry Program team since 2020, said he can relate to what people are going through as he advanced through a reentry program at another location.

“It has helped me to learn patience and to make healthy decisions,” he said. “I take one day at a time and wish to share the same hope that was given to me to others.”

Currently, the program is serving more than 90 participants in the Genesee and Orleans counties, with some of those people living in transitional housing provided by UConnectCare.

The Reentry Program helps connect participants with the following services: substance use disorder treatment, mental health treatment, housing, food, clothing, employment and/or job training, childcare, transportation and medical care. Direct case management and housing services are not billed through insurance, enabling participants to avoid those expenses.

Initially, individuals with a history of substance use who were sentenced to jail for a minimum of three months were eligible to qualify for the program. Today, eligibility is not as restrictive.

“We’re now able to serve people that were sentenced to a minimum of 30 days and have served that sentence,” Allen said. “Government is noticing … especially with changes in bail laws that people are not incarcerated as much and for shorter durations.”

Allen said she would like to see the program expanded to include those who haven’t been formally sentenced but served some time through pre-trial release or have had their case diverted through Genesee Justice or Drug Court. She said she also is an advocate for Medication Assisted Treatment for those in recovery.

Since May of this year, Allen has served as the jail counselor in both counties. She said that role ties in nicely with her job with the Reentry Program.

“We’ve been able to get nine or 10 new clients from the counseling sessions,” she said, adding that she visits the Genesee County Jail on Tuesdays and Thursdays and the Orleans County Jail on Wednesdays and Fridays.

A graduate of Genesee Community College, where she received an associate degree in Human Services, Allen also has certification as a peer advocate and is working toward become a Credentialed Alcoholism and Substance Abuse Counselor.

For more information about the Reentry Program, send an email to reentry@uconnectcare.org or call 585-813-6570.

Disclosure: Mike Pettinella is the publicist for UConnectCare.

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

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

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

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

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

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

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

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

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

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

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

City police and firefighters responded to a two-car accident around 7:15 p.m. Thursday at the intersection of North Street and Vine Street. Police reported that a dark blue Chevrolet sedan was heading east on North Street and was almost through the intersection when it collided with a light blue Bronco SUV, which had been traveling north on Vine Street. The driver of the Bronco reportedly suffered a minor arm injury and was transported from the scene by ambulance. Photo by Mike Pettinella.

UConnectCare (formerly Genesee/Orleans Council on Alcoholism and Substance Abuse) has promoted Christen Foley to the position of project director of the Western New York Prevention Resource Center.

The Batavia resident will oversee the implementation of training programs and technical assistance to community drug and alcohol prevention coalitions in the eight-county region. Foley, (photo at right), with the support of two community development specialists, is responsible for collaborating with the prevention providers, coalitions and community groups that make up the WNYPRC.

One of six prevention resource centers in New York State, the WNYPRC is based at UConnectCare’s offices on Clinton Street Road in Batavia and is an initiative of the state Office of Addiction Services and Supports.

Its focus is on engaging community stakeholders in the development of new coalitions and supporting established community coalitions as they work to reduce the use of alcohol, tobacco, and other drugs. Additionally, the center provides technical assistance, training and support to communities and coalition partners.

“The WNYPRC encourages the use of the Strategic Prevention Framework, which is a public health, outcome-based prevention approach,” Foley said. “This seven-phase approach helps coalitions assess the community’s needs and address them accordingly. The key is to respond appropriately by utilizing the data that reveals each community’s specific needs.”

Foley was hired by UConnectCare in 2019 to lead the Genesee-Orleans-Wyoming Opioid Task Force. Her efforts helped expand the task force to various segments of the community and resulted in it receiving the 2020 Community Star from the National Organization of State Offices of Rural Health. The award is given annual to only one rural entity in New York State.

Shannon Ford, services director of Communications and Development and director of Prevention at UConnectCare, said Foley is “a natural fit” for the project director role.

“Christen was able to refine her community engagement skills with the GOW Opioid Task Force and will now be able to help community coalitions across the region,” Ford said. “Most people don’t understand the science behind substance use disorder prevention and coalition activities. Christen and her team will help community coalitions effectively reduce underage substance use using evidence based approaches.”

Foley has been attending trainings and workshops since her appointment to the new position in June, including the Foundation in Prevention Ethics Training and the CADCA Mid-Year Training Institute, the latter a four-day conference in Dallas.

“As a result, I will now be certified to host and facilitate the six-hour, in-person Foundations in Prevention Ethics course for our prevention providers, coalitions and community partners,” she said, adding that she also is working towards becoming a certified Substance Abuse Prevention Skill Training Trainer.

She said she plans to host an ethics training next year and will be working on establishing coalitions in Genesee and Orleans counties.\

Disclosure: Mike Pettinella is the publicist for UConnectCare.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

The U.S. Court of Appeals, Second District, on Monday, overturned a statute of limitations ruling by a lower court and reinstated a lawsuit brought by Michael Nolan, a former Western Regional Off-Track Betting Corp. chief operating officer, against the public benefit company, its former board chair and its current president.

A panel of three judges ruled that Nolan, a longtime WROTB employee until his dismissal in December 2020, filed his Notice of Claim complaint in August 2021, which was within the three-year time period as permitted by law.

The appellate court found that Judge William M. Skretny of the U.S. District Court for the Western District of New York applied the wrong amount of time – a year and 90 days – for Nolan to file.

Yesterday’s action returns the case back to Skretny to consider the other claims made by Nolan, who contends that he was retaliated against by the corporation, former Board Chairman Richard Bianchi and current President/Chief Executive Officer Henry Wojtaszek for sharing information with federal and state authorities as part of an inquiry into practices such as health insurance plans for board members, use of sports tickets and luxury boxes, and awarding of contracts.

An attorney for WROTB today said that he expected Skretny’s decision to be overturned, calling the appellate court’s judgment “just a very technical issue.”

“We had sought to dismiss the complaint on multiple grounds applying to all the claims, but Judge Skretny just focused on one claim in his order. So, his decision in the issue on the appeal was, like, very, very narrow,” said Aaron Saykin of Hodgson Russ LLP of Buffalo. “What happens now is that it’s been remanded back to Judge Skretny to consider, potentially, all of those other grounds that we moved on.”

Saykin said his firm “moved to dismiss every claim, and we had multiple grounds to do it.”

As reported on The Batavian in August 2021, Nolan’s lawsuit calls for $14.5 million in compensatory damages plus Nolan’s reinstatement to his former COO position, reinstatement of full fringe benefits and seniority rights, damages sustained due to the violation including, without limitation, the compensation for lost wages, benefits and other remuneration, and payment of all reasonable costs, disbursements, and attorney's fees.

Steven M. Cohen of Tiveron Law LLC, also of Buffalo, contacted today, said the case “immediately” reverts to Skretny’s courtroom and that “we will see justice done.”

“As the decision indicates, WROTB’s defense acknowledged at the Second Circuit Court of Appeals that they knew the basis for their motion to dismiss was meritless and they were expecting Judge Skretny to be reversed,” Cohen said. “Since they are funded with taxpayer’s money, WROTB has resources to do things like this and wear Michael Nolan down. But we are not going away. We will see justice done.  Henry’s political influence has found a limit. “

Cohen added that Gov. Hochul’s decision to dismiss the entire board of directors (in May) “for ethical violations, speaks volumes.”

Saykin said the statute of limitations issue was a Federal (constitutional) claim, while the other claims are State issues that can be heard in State court.

Going forward, he said his firm has asked the court to submit some supplemental briefings on the other issues.

“The court will decide whether to do that and what the timeline will be,” he said. “But we feel very good about all the other arguments that we've made that are yet to be considered.”

Previously: Lawsuit seeks $14.5 million for former WROTB officer

Previously: WROTB fires chief operating officer who files Notice of Claim seeking $5 million in damages

The Batavia Town Planning Board met for 4 ½ minutes on Tuesday night, just enough time to unanimously pass a site plan from Country Line Electrical Distributors, Inc. to construct an accessory building on its East Main Street Road property.

William Massett, business owner, submitted the proposal to build a 12- by 84-foot open air pipe storage building in the Commercial district at 5065 East Main St. Rd. The plan previously was recommended for approval by the Genesee County Planning Board.

Initially, the project calls for the construction of a roof in case of rain to make it easier for loading and unloading, said Jennifer Massett, who was at the meeting. She said that owners eventually will fence it in for safety and security.

That was the only item on the board’s agenda.

Mancuso Bowling Center has elevated its game with the installation of the Brunswick Sync scoring and management system.

Tuesday Night Coed bowlers were the first league bowlers to experience the state-of-the-art platform last night – a system that features 50-inch, full color upper monitors and interactive, touchscreen lower monitors along with six 55-inch color televisions strategically placed across the 24 lanes.

Two more big screen TVs have been placed behind the service bar and the customer service desk.

“It’s nicely lit and easy to read,” said Rebecca Bates, a league bowler for the past three years. “So, we’ll see if it keeps score good.”

General Manager Mike Sputore reported no scoring problems on opening night of what is an eight-month fall-winter league season.

“Sync is Brunswick’s latest model of automatic scoring, and it controls food and beverage (point of sale ordering) as well as far as restaurant capabilities,” Sputore said. “And there are a bunch of different (bowling) games – not just standard bowling.”

Sputore said the lower monitors are “very user friendly” and the upper monitors are loaded with numerous colorful and high-tech graphics. Casual bowlers can even upload their photo onto the upper monitor when playing a specialty game known as Angry Birds.

Other games (some are 10 frames and some are five frames) include Creature Feature, EZ Bowl, HORSE, Ka Pow!, My Shot, Pin Pals, PinPix, Rival Rumble and 3-6-9 Free Strike. 

“It has so many different features, including the Open Lane app, where bowlers’ scores can be downloaded and then sent to their email,” Sputore noted.

The scoring upgrade replaces the Brunswick Frameworx system that had been in place for the past 25 years or so.

“(Proprietor) Rick (Mancuso) did a good job of research and getting the right stuff that works – and it looks beautiful,” Sputore said. “It’s quite a substantial investment.”

Sputore said that Sync interfaces with league secretarial software and handles a multitude of back office tasks.

The Sync system also reads the down-lane speed of the bowling ball and posts that number on the upper monitor after the bowler’s delivery.

“Yeah, it does the ball detect; average first ball speed,” he said. “It’s very convenient for league and tournament bowlers. Now, if you make a bad shot and you see that you threw it three miles an hour slower than your last one, that’s probably the reason.”