WROTB

Calling it a “success story after success story after success story,” Scott Kiedrowski, vice president of operations for Western Regional Off-Track Betting Corp. this morning informed directors of Batavia Downs Gaming’s recognition as one of four Arc New York 2021 Employer of the Year Award winners.

“We employ and welcome a number of individuals (from Arc of Genesee Orleans) who have job coaches to acclimate themselves to the building,” he said. “The program has really taken off. It gives these folks an opportunity they may not have in other areas to work, and it has been a success story after success story after success story, with all of those we have brought in to work here.”

Kiedrowski (pictured above) accepted the award on behalf of the corporation on July 29 via a statewide Zoom call.

Batavia Downs was the only business in Western New York honored this year for acknowledging the value of employing people with disabilities. Kiedrowski said between five and 10 people representing the Arc of Genesee Orleans work for the company.

“They start with a job coach and before long, they’re on their own, and it’s been working,” he said. “If ever there was an example of how this is supposed to work, it’s working here.”

In a press release previously posted on The Batavian, Arc of Genesee Orleans Director of Development Shelley Falitico says Batavia Downs has been a longtime friend of the agency, hosting Arc Night at the Races and Arc’s annual awards banquet.

Additionally, several employees from Batavia Downs’ Human Resources department took part in an onsite training – The Benefits of Hiring a Person with a Disability -- at the Arc location on Walnut Street.

The plaque reads as follows: "For demonstrating outstanding commitment and support in providing meaningful employment and acceptance of individuals with intellectual and other developmental disabilities in the workplace."

Photo by Mike Pettinella.

Previously: Batavia Downs chosen as one of four statewide recipients of the 2021 Arc Employer of the Year Award

The lawyer representing Michael Nolan, the former chief operating officer at Western Regional Off-Track Betting Corp., is suing for $14.5 million following his client’s termination last December.

The 23-page document filed Aug. 12 in U.S. District Court Western District of New York by attorney Steven M. Cohen of HoganWillig, PLLC, names Richard Bianchi, chairman of the WROTB board of directors, and Henry Wojtaszek, WROTB president and chief executive officer, as defendants.

The suit is asking for Nolan to receive $4.5 million for violating his First Amendment rights, another $4.5 million for breaking the state’s Civil Service Law and an additional $5.5 million for emotional pain and suffering.

Nolan, who lived in Elma at the time of his employment, now resides in West Palm Beach, Fla. The lawsuit is requesting that the matter be settled by a trial by jury.

As reported on The Batavian last December, following Nolan’s firing from a job that paid more than $100,000 per year, Cohen said that his client had been ostracized and shut out of OTB developments since April of 2019 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.

Also, at that time, Daniel Oliverio of Hodgson Russ, the attorney representing WROTB, disputed the allegations, stating that evidence gained through months of examination and interviewing of more than 30 witnesses did not substantiate Nolan’s claims, and that his termination was carefully considered and appropriate as it pertains to job performance.

The Batavian placed calls to both lawyers today seeking comment on the recent filing of the suit, which follows up Cohen’s previous civil action that sought “at least $5 million in damages” for Nolan.

The updated suit 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.

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

Update: July 22, 5 p.m.

Contacted later today, Thomas said he's excited to continue his longstanding relationship with Batavia Downs.

"It's a great organization to work with and I love dealing with the guests who come to the gaming facility and the harness track," he said, adding that he may be in Batavia next week.

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Directors of the Western Regional Off-Track Betting Corp. this morning extended the marketing agreement with former Buffalo Bills running back Thurman Thomas for another 18 months, voting to pay the Pro Football Hall of Famer a stipend of $10,000 per month to promote Batavia Downs Gaming and the harness horse racing track.

The per month cost to WROTB is down from the parties’ previous contract, but the relationship with Thomas – although different in scope – continues to be a strong one, WROTB President/Chief Executive Officer Henry Wojtaszek said.

Thomas has been a key “face” of Batavia Downs Gaming for nearly 10 years, joining forces with the public benefit corporation in November 2011. The contract stipulates that Thomas appears at all of the Buffalo Bills games on behalf of WROTB and at the Park Road facility for events throughout the year.

He also has a social media presence, appears at the Blue Zone at 34 Rush, and allows the corporation to use his likeness to promote the bar, Wojtaszek said.

Although he didn’t disclose the previous contract amount, Wojtaszek said the reason for the decrease is that Batavia Downs personnel “has picked up some of the things that he did for us before, a lot of the advertisements.”

“He still will do some for us, but the things that we’ve asked him to do will have gone down,” Wojtaszek said. “We believe that he’s a very positive, strong presence for us in the community. He’s a well-liked and respected individual and we’re proud to have a relationship with him. It’s just a little bit different.”

When asked if Thomas eventually would be phased out due to increasing in-house promotions, Wojtaszek said that wasn’t going to happen.

“We’ve all grown together. If you look at Batavia Downs back in 2013, and you look at the numbers and the reputation in the community – it’s only grown and he’s a big part of that,” he offered. “We want to continue to have a good, strong relationship with him, but it’s just changed.”

Wojtaszek said Thomas has other business interests in the community, and the pact with Batavia Downs is “an exclusive one relative to the casino industry.”

“We very much value our relationship and the board does as well as it was a unanimous vote to keep him,” he said.

Other resolutions passed at today’s Board of Directors meeting:

• The exclusion of a Paycheck Protection Program loan in the amount of $3,151,700 from the corporation’s 2021 revenue. It was announced that the loan --which was granted to pay various expenses, including payroll as a result of the COVID-19 pandemic -- has been formally forgiven by the federal government.

“That is done that way for accounting purposes,” Wojtaszek said. “It (the loan) was a good thing for the company; it came at a perfect time. We used it for its exact, intended use.

“We saved jobs and we saved the company going forward, and we’re very appreciative of the local bank that we dealt with – The Bank of Castile – and the SBA (Small Business Administration) that worked along with us.”

Wojtaszek credited Comptroller Jacquelyne Leach and her staff for providing the documentation necessary to make sure the loan was forgiven.

“In the end, there was a requirement of using 70 percent for payroll purposes, and I believe that we were in the 90s – 93 percent went for our payroll,” he said.

• Purchase of eight Metrolite kiosks and two Monte Carlo kiosks for $94,256 from the California-based Olea company that more efficiently allows gaming patrons to receive prizes and reprint Players Club cards.

“We have kiosks on the floor currently … they’re very effective but the ones that we have are outdated,” Wojtaszek said. “We could use a few more to help supplement people who need help at the Players Club, and we also have a couple that we never had before (Monte Carlo-type) that will allow people to print their Players Club cards for the first time right from the kiosk.”

• Creation of a Director of Sales position at the Batavia Downs Hotel to sell hotel packages, catering events and sponsorships relating to concerts there. Wojtaszek said the salary will be around $60,000.

The employee will be responsible for facilitating promotional packages for customers that tie in the gaming and harness horse racing operations.

• A contract with Keeler Construction Co., of Albion, for $28,000 for paving work on the east side of the horse barns along Richmond Avenue. Directors commended Live Racing Director Todd Haight for handling negotiations that resulted in a $5,000 decrease from the original estimate.

Directors tabled a resolution that would have permitted the marketing department to enter into a five-year agreement with WNY Arena to purchase tickets to Buffalo Sabres and Buffalo Bandits games and concerts.

The annual cost to WROTB would have started at $170,000 and escalated by $2,000 each year for the duration of the contract. The measure was tabled after Director Ken Lauderdale (Wayne County) proposed a three-year agreement, citing a “dynamic” sports environment where ownership of teams is subject to change.

Although Lauderdale’s amendment died for a lack of a “second,” Board Chair Richard Bianchi (Monroe County) requested tabling the matter and that was approved.

Wojtaszek said ticket arrangements such as this are important to the operation’s customer service strategy, rewarding “customers who are loyal to us and really want to see these games.”

“We streamline the process to make sure it is much more efficient and in line with compliance regulations,” he said, adding that some of the tickets are raffled. (Marketing Director) Ryan (Hasenauer) does a great job in administering the program.”

Batavia Downs Gaming has a similar ticket purchasing agreement with the Buffalo Bills, but that contract is not up at this time, Wojtaszek said.

It was reported that the corporation allocated $68,392 in surcharge revenue to its municipalities for June, and second quarter earnings were $1,051,606. Wagering though Batavia Bets, the online platform, was down by $215,000 in June and is down by $371,000 so far this month.

File photo: Thurman Thomas and Connie Penkszyk, of Batavia, at the November 2016 ribbon cutting of the Hotel at Batavia Downs. Photo by Mike Pettinella.

And they’re off!

Well, not quite yet as opening night of harness horse racing at Batavia Downs is a week away, but the thought of having fans back at the Park Road facility is music to the ears of Live Racing Director/General Manager Todd Haight.

“Now that we’re past our COVID issues, I hope, we’re excited to get our fans back,” Haight said today in an interview with The Batavian.

The 59-date schedule at the venerable half-mile oval that opened 81 years ago kicks off on July 21 with a NY Sire Stakes card featuring 2-year-old filly trotters. Post time for the first race is 6 o’clock.

Haight (photo above) said horse racing isn’t the same without the cheers of the crowd as the competitors come down the home stretch.

“Last year, we went the entire season without any racing fans, except some in the clubhouse eating. However, our apron was bare for the whole year and I cannot tell you what a different feeling that it is -- not having fans here,” he offered.

“How quiet this apron was and how quiet the enclosed grandstand was. So, that’s the big thing: We can’t wait to see our fans, especially in July and August when we get tremendous crowds.”

Haight, who has worked at Batavia Downs since 1974 (he said retirement isn’t too far away), said he is excited about several promotions, including videos of live racing on the track’s YouTube channel, as well as a couple of new “jackpot” wagers.

LIVE RACES TO BE SHOWN ON YOUTUBE

“We’re going to show every race live on our Batavia Downs YouTube page. I think people are really going to enjoy that,” he said. “We always get asked how can we watch the races, so now you can come here and watch them or go to an OTB (Off-Track Betting parlor) and watch and also on Batavia Bets (the Downs’ interactive online wagering platform).”

He also revealed that the Downs’ website will feature the daily racing programs for the entire season.

“This is more for the people that aren’t able to come to the track. Those who come to the track are still going to buy a program, and there’s a $5 free play (to the casino) in it, so you spend $2 and you get $5 back.”

Downs’ officials are placing a priority on building their simulcasting network, Haight said, adding that more access to the races through simulcasts at other racetracks, OTB locations and other online wagering platforms is key to reaching his goal of topping last season’s record handle.

“We know that when we’re able to put up a couple of program pages (on the website) when we have a guaranteed pool, we see a bigger handle,” he said. “I think by putting the entire card on every night, we’re going to see a difference in our wagering pools – be it our win pools or trifecta pools.”

GAMING COMMISSION ADDS JACKPOT BETS

Over the winter, the New York State Gaming Commission approved two new wagers -- Jackpot Pick Six and the Jackpot Super High Five.

“These are new to New York and us, although they are not new to other parts of the country,” Haight said. “We’ve seen tremendous pools at tracks – up to $200,000 -- that have been allowed to take these bets.”

He explained how they work:

Jackpot Pick Six – The bettor has to pick the winners of races six through 11, and the bet is only 20 cents.

“To win the jackpot portion you have to have the only ticket. If there’s more than one ticket, the jackpot portion of the pool carries over to the next day. So, as the favorites win over 40 percent of the time at harness tracks, it’s not easy to have the only ticket,” Haight explained.

“If more than one winner, those bettors will win something, but the jackpot segment of the pool carries over. We could see pools here that we’ve never seen since WROTB (Western Regional Off-Track Betting) purchased the track in 1998 and reopened in 2002.”

Jackpot Super High Five – Calling it “the superfecta on steroids,” Haight said the bettor has to pick the first five horses in the last race of the night (which will have nine horses instead of the usual eight).

“Again, that makes it a little bit tougher to win, and the jackpot carries over with this bet as well,” he said.

PROMO TIE-INS WITH THE CASINO

Haight said the track is big on promotional links with Batavia Downs Gaming.

“I don’t see any other tracks doing that,” he said. “We have a match play promotion where if you wager $25 on the horses, you go up to the gaming window and they give you $25 in free play. You have to earn five points to get that offer.”

He also mentioned an early bird daily double where those who wager $10 on the early double receive $10 back in free play. And, again, all of the racing programs come with a $5 free play to the gaming floor, and programs are free on opening night.

“We integrate as much as possible,” he said. “Even in the clubhouse, you purchase an entrée and we give you $10 back in free play.”

The Downs once again plans to operate in conjunction with the Breeders Cup, which is set for 3:15 p.m. on Saturday, Nov. 6.

“The Breeders Cup is in California so it’s a little bit later start for us on the East Coast,” Haight said. “What we do is run two live races here in between each race of the Breeders Cup, which usually are run every 45 minutes. All told, I think there are nine Cup races and there will be about 11 races here.”

HORSE NUMBERS DOWN, PURSES UP

The Western New York Harness Horsemen’s Association, led by Administrative Director Bruce Tubin, continues its longstanding connection to Batavia Downs. WNYHHA drivers and trainers will be wrapping up their season at Buffalo Raceway this Saturday.

“We have a great relationship with the horsemen,” said Haight, noting that purses, race dates and other matters are subject to negotiation with the union.

He said that purses are going up by 10 percent this year to start the season and he anticipates another 10-percent increase in September or October due to record numbers being generated at the casino.

“We’ve had three $20 million weeks in a row. The better the casino does, the better for the horsemen. Creates more purse money,” he said.

With only 153 horses expected to be stabled at the track, Haight said he’s figuring on 10 or 11 races (all are set at a mile) per card – a couple less than what he would like to see.

As far as leading horses and drivers, he said that Black is Back, the No. 1 horse over the past two years, is expected to return. Top drivers include Drew Monti, Dave McKnight III, Ray Fisher and Billy Davis, while successful trainers include Jerry Sarama and Jack Rice.

HAIGHT: TRACK IS IN TIP-TOP SHAPE

The racing director said 1,100 tons of new stone dust has been applied to the track and the turns have been banked again, resulting in excellent conditions this season.

“We also put the passing lane back in this year,” Haight said. “Some people like it and some people hate it. It does change the style of racing a little bit.”

The passing lane is the inside lane of the track, which provides a route to keep horses from getting boxed in as much, he said. “I’ve got mixed feelings on it but the horsemen seem to want it."

Haight said his crew is doing a “great job to get us ready.”

“It’s a total team effort. A lot has to be done to get a track ready to race; we’re painting the tote board, trimming bushes, and have been working on the track and paddock since April.

Batavia Downs is one of seven harness tracks in the state. The others are Buffalo, Tioga, Vernon, Saratoga, Yonkers and Monticello.

SCHEDULE INCLUDES SOME MATINEES

The complete Batavia Downs racing schedule for 2021 is as follows:

Night, 6 p.m. – July 21, 24, 31; Aug. 7, 14, 21, 28.

Twilight, 5 p.m. – July 26, 28; Aug. 4, 11, 18, 25; Sept. 3, 4, 10, 11, 15, 17, 18, 22, 24, 25, 29; Oct. 1, 2, 6, 8, 9, 13, 15, 16, 20, 22, 23, 27, 29, 30; Nov. 3, 5, 10, 12, 13, 17, 20, 24, 27; Dec. 1, 4, 8, 11.

Matinee, 1:15 p.m. – July 25; Aug. 1, 8, 15, 22, 29; Sept. 6 (Labor Day).

Breeders Cup, 3:15 p.m. – Nov. 6.

The Downs will host NY Sire Stakes races on three consecutive Wednesdays – July 21 (2-year-old filly trotters), July 28 (3-year-old colt pacers and 3-year-old colt trotters) and Aug. 4 (2-year-old colt trotters).

After swinging and missing on a pitch to obtain a grant from the New York State Office of Community Renewal for the replacement of 5,300 feet of water main as part of the Park Road Reconstruction Project, the Batavia Town Board is still staying in the batter’s box.

It remains steadfast in its commitment to upgrade the municipality's sanitary sewer pump station at the Valu Plaza on West Main Street.

On Wednesday afternoon, lawmakers scheduled a public hearing on the Community Development Block Grant funding for 7:05 p.m. July 21 (the board’s next meeting) at the Town Hall on West Main Street Road.

“The application is for upgrades and repairs of the sanitary sewer pump station at the West Main Street plaza,” said Town Supervisor Gregory Post, adding that he’s not sure of the cost at this time. “We’re working on that (cost projections) as we speak. It’s a rushed application because we were denied our last application for Park Road and another round of funding is coming out.”

Missing out on the Park Road grant is disappointing, he said, but as the project moves forward, the town is looking at a bond resolution to pay for the approximately $900,000 cost of replacing the water main.

“We’re going to bid on Park Road in the next few weeks and we’re bonding that,” he said. “Once we receive the bids, we’ll develop a construction schedule based on that.”

A public hearing on the bond resolution for the Park Road water main and the entire capital improvement project also is scheduled July 21 at 7 p.m.

The resolution calls for the issuance of serial bonds not to exceed $975,190, offset by any federal, state, county and/or local funds received.

The $3 million Park Road rehabilitation will take place from Lewiston Road (Route 63) to Oak Street (Route 98).

Work will include new pavement, curbs and curbing from Lewiston Road to Richmond Avenue with sidewalks on both sides of Park Road, while pavement will be overlaid and sidewalks installed on one side of the road from Richmond Avenue to Route 98. The project also calls for new water lines and street lights on Park Road between Route 63 and Richmond Avenue.

Additional property enhancements of up to $395,000 at Batavia Downs Gaming will be paid for by the Western Regional Off-Track Betting Corp.

Solar Moratorium is Extended

In another development, the town board called another public hearing – this one for 7:10 p.m. July 21 to extend a moratorium on solar energy systems for up to another six months. The current moratorium is set to expire at the end of this month.

“We felt it important that we still had the moratorium in place while we work on getting our new (solar) law enacted,” Post said. “So, we’re setting a public hearing to extend the moratorium until such time that we have the legislative process complete.”

Post said the process of enacting new solar regulations has taken longer than expected “due to the extraordinary depths the (town’s solar) committee is diving into to make sure that this is well researched and well thought out. We want to make it more wholesome for the entire community and not leave anybody out.”

Post mentioned some recent developments in the solar arena that could affect the town’s handling of ground-mounted and, potentially, large-scale solar systems.

“The state’s solar agency (Office of Renewable Energy Siting) is being challenged in the courts, and NYSERDA (New York State Energy Research and Development Authority) was found out to have hired a consulting firm that also has solar and wind energy customers as clients,” he reported. “That could be a conflict of interest – hiring somebody for a million dollars that is working for solar and wind energy companies.”

Furthermore, Post said he saw that Cypress Creek Renewables LLC, which owns the rights to a pair of side-by-side 5- and 4-megawatt solar systems on Ellicott Street Road, was sold to a Stockholm, Sweden-based investment company called EQT earlier this week.

“Solar is a hot topic and we just want to do our job and make sure we do it as well as everything else,” Post said, adding that he hopes to have the town’s new solar law in place by Labor Day.

Nineteen million, seven hundred thousand.

That’s the amount in dollars that was bet at Batavia Downs Gaming during the week of June 13-19, a record for the Park Road entertainment center.

Batavia Downs Gaming Marketing Director Ryan Hasenauer reported that figure to Western Regional Off-Track Betting Corp.’s directors, who gathered this morning for their monthly board meeting.

WROTB President/CEO Henry Wojtaszek, when asked if it was safe to say that the gaming industry has bounced back from the COVID-19 pandemic, simply replied, “Yes. That’s the most money that has been bet on the machines in our history in one week -- $19.7 million.”

Wojtaszek also commented on the Rockin’ The Downs Summer Concert Series, that moves into its third week tomorrow night.

“We’re off to a great start for the Summer Concert Series,” he said. “The first two concerts went well and we’ve sold a lot of tickets for Steve Augeri (formerly of Journey) on Friday night."

In other developments:

• Batavia Bets, WROTB’s interactive online platform, handled almost $2.2 million in May, up more than $1 million (97 percent) from 2020.

Through June 20, handle was $1.2 million – down $79,000 (6 percent) from 2020, but the year-to-date handle of $9 million is up almost $2.9 million (47 percent) from 2020.

Wojtaszek attributes the increase to patrons who turned to horse racing wagering during the pandemic and have found it a favorable pastime.

“It (COVID-19) did cause a lot of people to take a look at horse racing because that really was the only activity available to them at the time,” he said. “But, I think what they’ve seen, they liked because they continue to utilize that service. We have a great rewards rebate program that seems to be working well.”

Additionally, it was reported that $121,737 in surcharge generated in May will be distributed to the corporation's municipalities. 

• Batavia Downs Gaming will be hiring two full-time customer relations managers to “try to take our customer service up a notch,” Wojtaszek said.

“We want to make sure all of the different facets of the operation are coordinated properly and that our customers are looked after, so we’re trying to take it up a notch,” he said, adding that two current employees may be promoted although the positions will go through the Human Relations department.”

• Several resolutions were passed, including three pertaining to legal representation – a $200,000 contract with Harris Beach, $100,000 contract with Hodgson Russ and $5,000 contract with Connors LLP.

Others measures approved were a contract with Canal Concerts Inc., for $3,500 per concert (not to exceed $35,000) to provide setup and oversight services during the 2021 Concert Series, and the purchase of a block of eight tickets with parking in an amount not to exceed $25,200 from Live Nation Marketing Inc., for the 2021 concert series at Darien Lake.

Photo at top: Ryan Hasenauer, Batavia Downs Gaming marketing director, stands next to the Zoom Ball game the facility will be promoting next month. Hasenauer said that during the five Saturdays in July, two customers will be called at random each hour over a four-hour period (7 to 10 p.m.) to play the game. Upon pressing the big red button, the balls -- gold, red, white and blue -- will be blown around and sucked into the "win zone" at the top of the machine. If the player gets all six gold balls in the chute, he or she will win $50,000. Prizes decrease from there -- $10,000 for five, $1,000 for four, $250 and $250 free play for three, $150 and $250 free play for two, $100 and $250 free play for one, and $250 free play even if none of the balls at the top are gold. Ten of the balls in the machine are colored gold. Photo by Mike Pettinella.

In what is being called a "good faith" gesture initiated by Genesee County's representative to the Western Regional Off-Track Betting Corp., the public benefit corporation's board of directors this morning voted to approve host agreements with the Batavia City School District, Genesee County and Town of Batavia to provide payments totaling more than $200,000 over the next four years.

These payments are being made to the taxing jurisdictions in light of Batavia Downs Gaming's recent purchase of the Hotel at Batavia Downs from ADK Hospitality of Buffalo, thus taking the property off of the tax rolls and negating a 10-year payment in lieu of taxes agreement the entities had with the previous hotel owners.

The breakdown of the payments, which add up to $212,508, reveals that the school district will receive $27,000 for 2021, and the school district, county and town will receive a total of $46,377 for 2022 through 2025. Dissecting the latter amount further, the school district will get approximately $27,000, the county approximately $13,000 and the town approximately $7,000.

"Dick Siebert," replied WROTB President/CEO Henry Wojtaszek when asked what prompted the board to propose allocating money to three taxing jurisdictions affected by Batavia Downs Gaming activities. "Mr. Siebert addressed the board and asked them to consider this because he indicated to everybody that we have great relationships with them -- which we do -- and thought it would be a good faith effort to go ahead and do this. It was something that they had counted on because they had a PILOT in place with the former owners of the hotel."

Wojtaszek said the funding covers the amount of the PILOT that would have been in place.

Siebert, a longtime WROTB director and Genesee County election commissioner, said passage of this resolution is "more about the spirit of what we're doing than the actual dollar amount."

"It's not a great deal of money, but it shows than even though we are tax exempt ... it shows our good faith," he said, adding that the county, school district and town have supported the corporation's efforts.

He asked Wojtaszek to formally inform the school superintendent, county manager and town supervisor.

No COVID-19 testing and no masks.

Western New York Off-Track Betting Corp. President Henry Wojtaszek this morning confirmed that, as of now, people heading to Batavia Downs Gaming for its summer concert series performances will not be subject to testing for the coronavirus and will not be required to have face coverings.

“Like many of the other facilities across New York State, it’s not a requirement anymore,” Wojtaszek said following the corporation’s directors meeting at the Park Road facility. “Originally, we were going to have a company in the parking lot test them a few hours prior to the concert series.”

Wojtaszek said that attendees will be required to follow the rules and Centers for Disease Control guidelines that are in place at the time.

“We anticipate those outdoor concerts will not require masks, but certainly we will take other steps to make sure we have a safe, clean, friendly environment for our patrons,” he said.

The Rockin’ The Downs concert series kicks off on June 11 with the Almost Queen tribute band and continues for 11 consecutive Friday nights. Other acts include Vince Neil, Molly Hatcher, Don Felder, Tommy James and the Shondells, The Grass Roots, Queensrÿche, and Spin Doctors.

A special Sunday concert has been added to the lineup. On July 18, the Buffalo Philharmonic Orchestra will perform with Strictly Hip, a Tragically Hip tribute band. The concert starts at 6 p.m.; doors will open at 5 p.m.

Currently, maximum attendance is set at 2,500, but Wojtaszek said he hopes for a “bit of an increase,” possibly to 3,000 per concert.

According to a press release issued today, all pairs of seats at the concerts will be spaced six feet apart in accordance with CDC regulations. 

Furthermore, those who have not been vaccinated, including minors attending the concerts, are encouraged to wear a mask while indoors but can take off their mask once outside.

Those attending the concerts will still be required to enter through metal detectors. Some items including weapons, laser pointers and outside food and beverage are not permitted. For a complete list of banned items please visit: https://www.bataviadownsgaming.com/events/concerts/

If rules or regulations regarding testing or vaccinations within New York State change, then Batavia Downs will adapt to any such modifications.

In other developments:

• Wojtaszek said he is keeping an eye on a request for proposal by the New York State Gaming Commission to vendors in the sports betting industry (such as Draft Kings) in anticipation of offering sports betting at Batavia Downs Gaming.

“Legislation that was passed this year and we expect the RFP to go out sometime in mid-June. It will start to come into focus as to how they’re going to implement the sports betting program in New York,” he said.

He advised that the plan is for various OTBs to work together “to try to see if we can have a role in the sports betting industry.”

• Wojtaszek said he also is “paying attention” to the status of an early retirement law for New York counties outside of New York City, noting that it would affect five to 10 employees of Batavia Downs Gaming.

“They (state lawmakers) passed an early retirement for New York City but they haven’t passed one for the rest of the state yet,” he said. “So, that’s what were following and waiting to see just how they act upon it during the last two weeks of the (legislative) session.”

• The corporation’s marketing department is stepping up efforts to revive business at The Hotel at Batavia Downs, which was significantly hampered by COVID-19, Wojtaszek said.

WROTB purchased the hotel from ADK Hospitality LLC, for $7.5 million and has contracted with Hart Hotels to manage the facility through Dec. 31, 2023 at a monthly fee not to exceed $7,000.

“It’s starting to really pick up and we expect it to get back to pre-pandemic levels by the end of this year, acknowledging more than a 50-percent increase in business,” he said.

• Chief Financial Officer Jacquelyne Leach reported that $84,349 will be distributed to the affiliated municipalities in surcharge revenue for April, with earnings for the month at $270,486.

She called the monetary totals “a good start to the second quarter,” attributing much of it to the start of thoroughbred racing’s Triple Crown.

• Director of Branch Operations Sean Schiano reported that through May 23, EZ Bets handled $3.1 million – up more than $1.7 million from the same point in 2020.

Batavia Bets, the track’s interactive online wagering platform, handled $1.6 million in April, an increase of $807,000 from last year. Through May 23, handle for this month was at $1.775 million – up $981,000, and year to date handle is $7.8 million – up $3.3 million from last year.

• The board approved renewing its insurance contract, primarily through Travelers, for another year – realizing a $35,000 savings. The yearly premium is around $1.1 million.

• The board passed three resolutions – a $27,159 contract with Audio Images Sound & Lighting of Batavia for a stage lighting package for the summer concert series; a $166,040 contract with Mark-It-Smart Inc., for promotional items to be given to patrons, and a one-year $287,793 contract with Roberts Communications Network for simulcast reception services at WROTB’s various locations.

• Directors bid farewell to Ronald Darrow, Oswego County representative, who resigned after serving 11 years on the board.

By Tim Bojarski, for Western OTB/Batavia Downs​:

While it wasn’t quite as big as winning the lottery, there were smiles galore at the Western Regional Off-Track Betting (WROTB) branch locations and Batavia Downs Gaming and Hotel after last Saturday’s (May 1) Run for the Roses.

As has been the case so often since 1974 when the public benefit corporation began accepting Derby wagers, WROTB patrons crushed it at the windows, winning over $1.4 million dollars. Based on total handle from all WROTB simulcast locations including Batavia Bets.com (the corporation’s online wagering platform), that number reflects the amount of money paid out to bettors was 9 percent higher than the national average. 

Three customers ended up being OTB’s biggest winners when they each cashed for $18,912 after all three wagered $48 on a $2 Superfecta box ticket on the winning combination of 7-8-9-14. Two other patrons wagered just one dollar and hit the Superfecta in exact order of 8-7-9-14 and won $9,456. 

WROTB President and CEO Henry Wojtaszek said “It was a thrilling horse race and I’m happy so many of our customers were winners. We thank everyone who bet through a WROTB outlet for their patronage on racing’s biggest day.”

Todd Haight, director/GM of Live Racing at Batavia Downs added “I think we did a good job getting the word out that Medina Spirit was a major player in this year’s race. We also gave several reasons to wager against heavy Derby favorite Essential Quality and it appears several of our customers took that advice.”

It also appeared that those who came to bet in person heeded the advice about masks and social distancing as all locations reported business going off without a hitch. 

“We appreciate everyone following COVID protocols and working with our staff to make the Derby as successful as it was,” Director of WROTB Branch Operations Sean Schiano said. 

Schiano added that preparations are well underway at Western Regional Off-Track Betting for the second jewel of thoroughbred racing’s Triple Crown, the 146th Preakness Stakes, to be run next Saturday (May 15) at historic Pimlico Racecourse in Baltimore, Md.

The lineup for this summer’s Rockin’ the Downs concert series at Batavia Downs Gaming is nearly complete, the facility’s director of marketing reported this morning following the monthly meeting of the Western Regional Off-Track Betting Corp.’s Board of Directors.

Ryan Hasenauer said that 11 of the 12 musical artists have been confirmed and the 12^th, which will perform on June 18, is expected to sign on by May 1.

The Friday night series will commence on June 11 with Almost Queen, a Queen tribute band, and conclude on Aug. 27 with Spin Doctors.

“We’re working on tier ticket pricing as some concerts will be priced higher than others, and tickets will go on sale next Thursday,” Hasenauer said.

Other concert series is follows:

June 11 -- Almost Queen (Queen tribute band);

June 18 -- TBA;

June 25 -- Steve Augeri (formerly of Journey);

July 2 -- Molly Hatchet;

July 9 -- Don Felder (formerly of The Eagles);

July 16 -- Tommy James and the Shondells;

July 23 -- Skid Row;

July 30 -- The Grass Roots;

Aug. 6 -- The Machine (Pink Floyd tribute);

Aug. 13 -- Queensryche;

Aug. 20 -- Puddle of Mudd;

Aug. 27 -- Spin Doctors.

In other developments from today’s meeting:

• Chief Financial Officer Jacquelyne Leach reported that WROTB will distribute $80,241 in surcharge revenues to member municipalities for March and $174,752 in operational earnings to the municipalities for the first quarter of 2021.

• Director of Branch Operations Sean Schiano revealed that Batavia Bets, the corporation’s interactive online betting platform, has bounced back significantly when compared to previous months and years.

Batavia Bets’ handle was $1.5 million in March and is more than $1 million thus far in April – increases of more than 60 percent from the previous year. Year to date, the handle is $5.4 million, up more than $2 million compared to the same time period in 2020.

• Directors formally approved the purchase of The Hotel at Batavia Downs from ADK Hospitality LLC, for $7.5 million as well as a contract with Hart Hotels to manage the facility through Dec. 31, 2023 at a monthly fee not to exceed $7,000.

• Directors voted in favor of a resolution to spend up to $40,000 with Hanson Aggregates for materials needed to resurface the harness horse racing track and re-bank the turns.

Todd Haight, director/general manager of live racing, said approximately 1,500 tons of stone dust and racetrack mix will be spread on the track to alleviate problems caused by weather-induced erosion.

He also said he is in the process of finalizing live racing dates for this year.

• President/CEO Henry Wojtaszek said 10 more machines have been added to the gaming floor, increasing the number of “live” machines to about 500. Batavia Downs Gaming has close to 900 machines but some are not in use due to current COVID-19 restrictions.

The wall of the board room at Batavia Downs Gaming includes two reproductions of programs from days gone by. This one depicts the official program from Nov. 16, 1957. Photo by Mike Pettinella.

Directors of the Western Regional Off-Track Betting Corp. this morning voted in favor of paying the Town of Batavia up to $395,000 for property enhancements as part of the Park Road Reconstruction Project that is scheduled to commence construction this fall.

Following the approval at the board’s monthly meeting at Batavia Downs Gaming, WROTB President/CEO Henry Wojtaszek said he was impressed with Town officials’ diligence in making the $3 million street reconstruction a reality and is eager to see the finished product.

“This will be a beautiful entry to our facility,” Wojtaszek said. “We’re talking about sidewalks, a promenade, tree-lined area, street and parking lot lighting, landscaping, road work, valet improvements for hotel purposes and some infrastructure work.

“We had a great meeting with them (town officials). They were very well prepared and they had excellent documents.”

Wojtaszek said that “every bit of the project is very well thought out,” noting that work will be done on one side of the street at a time to keep traffic moving – although at a slower pace. “The town is going to improve the speed bumps that we have, and that will help, also.”

Last June, WROTB granted the town three easements – small parcels to help facilitate drainage, utilities and sidewalk installation.

The major rehabilitation of the road will take place from Lewiston Road (Route 63) to Oak Street (Route 98).

Work will include new pavement, curbs and curbing from Lewiston Road to Richmond Avenue with sidewalks on both sides of Park Road, while pavement will be overlaid and sidewalks installed on one side of the road from Richmond Avenue to Route 98. The project also calls for new water lines and street lights on Park Road between Route 63 and Richmond Avenue.

Town Engineer Steve Mountain said WROTB’s request for “betterments” is typical of road projects in urban areas.

“If somebody wants additional streetscape and improvements to enhance the functionality of their facility – such as Batavia Downs – than oftentimes betterment improvements are performed,” Mountain said. “Things like additional lighting, surface treatments, walkways, landscaping and trees. They’re kind of above and beyond what we would normally do.”

Mountain said that the state-funded project is in its design phase and that the town is hoping to solicit bids in August.

“We’re waiting on our grant application for the water main,” he said. “Depending upon the results of that, replacement of the water main is out ahead of the road project.”

Last month, the Batavia Town Board approved a resolution to apply for a state Community Development Block Grant for around $900,000 to replace a 5,300-foot stretch of water main on Park Road.

Mountain said the plan is to remove the 50-year-old asbestos water main under the roadway that serves Batavia Downs Gaming and other commercial enterprises. The pipe runs along the length of Park Road from Route 63 to the gas station on Park Road, not far from Route 98.

In other developments:

• Chief Financial Officer Jacquelyne Leach reported that the corporation will distribute $66,500 in surcharge to member municipalities for February, despite an operating loss of about $115,000 for the month.

Branch operations declined by about $73,000 in February. As of March 16, however, revenue was up by more than $900,000 compared to that time in 2020, which happened to be the first week of the COVID-19 shutdown.

Batavia Bets, the corporation’s interactive online platform, had a handle of $1.4 million in February, up $354,000, and through March 21, revenue is up by $383,000. Year to date, Batavia Bets’ proceeds are $4 million, a 50 percent increase.

• Directors approved four other spending measures:

$400,000 to Bally’s Casino Marketplace for the installation of a video lottery gaming player tracker and update of related hardware and software;

$55,000 to Kim Crawford for consulting services in respect to the resurfacing and maintenance of the harness horse racing track;

$16,500 to the William Ryan Group, Inc., for an application (app) that will alert gaming personnel when a machine or patron needs assistance;

$21,350 to United Tote Company for a horse racing ticket cashing kiosk.

• Marketing Director Ryan Hasenauer announced that Batavia Downs Gaming is attempting to bring in two more concerts outside of the nine-concert Rockin’ the Downs series. Hasenauer said a first-rate tribute band is likely to perform on May 22, followed by a nationally-known artist sometime in July.

Directors of the Western Regional Off-Track Betting Corp. this morning authorized the purchase of the Hotel at Batavia Downs from ADK Hospitality LLC for $8 million.

The action, which was approved by a 13-1 margin with one abstention, provides WROTB with the opportunity to "expand our customer service to our patrons and to our guests who come here," said WROTB President/CEO Henry Wojtaszek following the public benefit company's board meeting.

"We had an opportunity to strike an agreement with the current owners and we believe that the price is appropriate and we believe it will help enhance what we have to offer to our guests."

Wojtaszek said WROTB has submitted a financing plan that he feels is "appropriate and reasonable, so now we're going to go ahead and try to complete the deal."

He said he anticipates a closing date sometime in April and is looking forward to be able the market the hotel more extensively.

"We will have a renewed focus on marketing," he said, noting the many tie-ins to the casino such as weddings, trade shows, movie nights and dinner/overnight packages. "Being able to be marketed by us will be a big advantage."

Wojtaszek said the plan is to continue contracting with Hart Hotels to manage the hotel on Park Road.

Chief Financial Officer Jacquelyne Leach reported that WROTB will be able to capitalize on historically low interest rates, utilizing 20-year tax exempt bonds to project a savings of $600,000 as it bundles the refinancing of a balloon payment due in October 2023 with the hotel purchase expenditure.

"Being a public benefit corporation, we have to publicly advertise this," she said, adding that she currently is negotiating with Key Bank and Tompkins Bank of Castile.

In November 2016, Batavia Downs Gaming and members of the hotel ownership team cut the ribbon on the 84-room, luxury hotel.

ADK Hospitality LLC is a Buffalo-based development team that purchased land from WROTB in March 2015 and invested $7.5 million to build the facility.

Director Paul Lattimore Jr. (Cayuga County) cast the "no" vote. An email to Lattimore, who joined the meeting via Zoom, has yet be be returned.

Stage Purchase May Lead to More Concerts

WROTB directors also approved a resolution, by a 14-1 vote (with Lattimore voting against it), to purchase the stage and roof truss, along with crowd control barricades and two storage containers from Audio Images Sound & Lighting, a Batavia firm, for use at the corporation's Summer Concert Series at a cost of $129,460.

"This is certainly a good economic move for Batavia Downs. We believe that purchasing this equipment ... will pay for itself within the first two to three years of the purchase. We intend to have concerts for a long time," Wojtaszek said.

"The equipment that we are purchasing is in very good shape and we have a capable maintenance staff here on site that will be able to keep that in good shape for years to come. And we're looking to have more concerts than the six to eight that we've had."

The 2021 concert series has yet to be finalized but two performers have been announced -- Steve Augeri, formerly of Journey, on June 25, and Don Felder, formerly of The Eagles, on July 9.

Other concerts and their tentative dates are Skid Row, June 25; The Machine (Pink Floyd Tribute), Aug. 7.

Wojtaszek said his leadership team is trying to set up more concerts, possibly starting in May. If necessary, they would take place in a "pod" setting, he said, with about 1,500 in attendance instead of 5,000.

Directors approved a related resolution to spend up to $274,000 to pay the Summer Concert Series musical acts.

In other developments, directors:

• Approved the sale of the McKinley OTB branch in Buffalo to Alaskan Properties I LLC for $900,000.

Wojtaszek said the buyers are a retail business and hopes to close the transaction during the summer.

Leach reported that proceeds will go toward paying down two loans, a letter of credit pertaining to workers' compensation self-insurance and to the capital acquisition fund.

• Approved an agreement with Cumulus Broadcasting (97 Rock FM) to become the title sponsor the the 97 Rock Tour Bus for April 2021 throught March 2023 at an annual cost of $20,000. 

Benefits to the corporation include hundreds of on-air promotional mentions, the sponsor log and link on the 97 Rock website, ability to distribute promotional coupons, a vinyl wrap of the logo on the tour bus, three "remote location" broadcasts, and four tickets to a suite at a Buffalo Bills game.

• Received financial reports as follows:

-- WROTB distributed $55,455 in surcharge to the member municipalities for December and will distribute $69,342 for January. The corporation also generated operational earnings of $81,691 in January.

-- Batavia Bets, the company's interactive online wagering platform, saw a 67-percent increase in January, bringing in $581,000, and is up 43 percent in February at $317,000.

Previously: Hotel ribbon cutting officially marks 'transformation' at Batavia Downs Gaming

Press release:

At Western Regional Off Track Betting Corp.'s January Board of Director's meeting, Richard Bianchi was unanimously reelected as chairman for 2021.

Bianchi represents Monroe County on the Board of Directors.

Ed Morgan, the Orleans County representative on the board, was also reelected as vice chairman for 2021.

“Richard and I came in together 18 years ago, “said Tom Wamp, Livingston County’s director on the WROTB Board. “We didn’t always agree, but when we did not, he would ask me to sit down and we would work it out.  It’s great to see how far this facility has come under his leadership.”

President and CEO from Batavia Downs Gaming Henry Wojtaszek was happy to see Bianchi’s reelection.

“We’ve had tremendous growth over the past few years, prior the pandemic," Wojtaszek said. "Richard put his trust in the officers and staff and he has provided great guidance as we continue to grow.”

Richard Siebert, Genesee County’s director on the Board, nominated Ed Morgan for vice chairman.

“Ed’s knowledge has been instrumental in helping out at Batavia Downs," Siebert said. “He has always made himself available to the staff.”

Bianchi was pleased to see Morgan nominated.

“Ed has been an asset to this corporation for many years and we’ve worked well together during that time," Bianchi said.

The term for the chairman and vice chairman positions expires in January 2022.

Four and a half years after a reorganization at the top of the Western Regional Off-Track Betting Corporation – action that advanced the careers of Michael Nolan of Elma and Henry Wojtaszek of North Tonawanda – things have turned ugly for the public benefit company that operates Batavia Downs Gaming, Batavia Downs harness racetrack and OTB parlors across 15 counties plus the cities of Rochester and Buffalo.

As reported by the Buffalo-based Investigative Post earlier this week, Nolan, WROTB’s chief operating officer until his dismissal last Friday, has enlisted the services of Steven Cohen of the HoganWillig law firm with the intent to file a civil lawsuit for at least $5 million in damages.

Nolan, in a Notice of Claim submitted on his behalf in September, alleges that he has been the target of a “deliberate, relentless and malicious campaign of harassment and hostility” by his superiors, President/Chief Executive Officer Wojtaszek and Board Chairman Richard Bianchi.

Both Cohen (this morning) and Daniel Oliverio of Hodgson Russ, the attorney representing WROTB (on Tuesday), spoke to The Batavian about the situation.

“Michael Nolan promoted transparency and believes in the organization, and his superiors wanted him to sweep things under the rug, which he refused to do,” Cohen said. “And now he’s being punished for it.”

Cohen said that Nolan has been ostracized and shut out of OTB developments since April of 2019 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.

“After speaking with other members of the board, the federal and state authorities were referred to Michael for specific answers to specific questions. Michael gave honest answers, and Michael’s superiors have maintained a policy of obfuscation and opacity, and are punishing Michael for being honest with the authorities,” Cohen added.

Oliverio said evidence gained through months of examination and interviewing of more than 30 witnesses does not substantiate Nolan’s claims, and that his termination was carefully considered and appropriate as it pertains to job performance.

“We are so sick of Steve Cohen and Mr. Nolan offering up absolutely false, unsupportable allegations about OTB and its officers and directors, none of which have been supported by any witnesses whatsoever,” Oliverio said. “We have done a thorough investigation over months – interviewed witnesses that Mr. Nolan told us to talk to and nobody supports his stories.”

Oliverio said that he has tried to sit down with Nolan to “find out what is on his mind, but his story shifts like grains of sand in the wind.”

Cohen: Problems Needed to be Addressed

Cohen said that Nolan “wanted to make OTB all that it could” by trying to rectify some problems, “but the greed of his superiors prevented him from doing so.”

“They didn’t want to put an end to board members receiving a lifetime health insurance (plan) that was valued at approximately $33,000 per year per board member,” he said, offering that opinions of the state attorney general and comptroller indicate that board members’ compensation should be limited to $4,000 per year.

Cohen said Nolan wanted to end that policy and his action caused Wojtaszek and Bianchi to retaliate against him. He also said Nolan shined a light on the improper use of luxury boxes and tickets to Sabres and Bills games and the “improper use of the VLT fund, or purse fund.”

“That purse fund is only supposed to be used to remunerate racehorse owners, but instead it was used as a general revenue source by OTB and Michael tried to put a stop to that,” he said.

Cohen said OTB officials have tried to stop the civil suit from being filed.

“They have invoked sections of the law, and they’re trying to delay us from filing this lawsuit,” he said.

Oliverio: Motivation is in Question

Oliverio said Nolan is not a whistleblower and is out to “impugn the integrity of the OTB board, Wojtaszek and others who operate the business from day to day.”

“He will tell you that the FBI called him as they were hearing some things that were going on at OTB that they wanted to look into. Now, Mr. Nolan’s a whistleblower,” he said. “Mr. Nolan has admitted to our investigators there’s nothing there regarding any of the allegations that have been made – regarding tickets and contracts, what have you.”

Oliverio said he can’t wrap his head around Nolan’s motivation.

“We don’t know if this is some type of political attempt to undermine the leadership of OTB; we can’t quite figure it out. But we don’t do press conferences like Mr. Cohen and Mr. Nolan. We do courtrooms, evidence, witnesses under oath and facts. If he’s going to make allegations, let’s prove them in a courtroom,” he said.

He said it could be “an attempted coup” by Nolan to replace Wojtaszek as president.

“Really, we have no idea. But, I’ll tell you what, we have spent a lot of money investigating these allegations and all these allegations about workplace harassment, and we can’t come up with one fact,” he said.

Health Insurance Ruling to Come

Oliverio acknowledged that directors receive a quality health insurance plan.

“They’ve never hid that, but it’s up to the comptroller of the State of New York to decide whether it’s appropriate or not and the comptroller is looking at it,” he said. “The comptroller has been asked to render an opinion and if the comptroller says you shouldn’t get it, then they’ll just discontinue it. If the comptroller says it is fine, then it is fine.”

Regarding tickets and corporate suites at sporting events, Oliverio said it is a nonissue.

“What a laugh. Nolan admits himself in an interview with our investigator, which was witnessed by two other people, there are no problems with the tickets. The tickets were used properly,” he said.

Oliverio pointed out that Nolan thought some contracts should have been put out to bid, but agreed that no laws were broken by not bidding them.

“His (Nolan) objections, as far as we can see, were with policies and process – not with any violations of the law. But there have been no allegations of violations of the law,” he said. “Certainly, Mr. Nolan has no right to offer that up because he’s not a federal prosecutor or state prosecutor, and we have not been told by any state or federal prosecutor or law enforcement officer that we violated any law whatsoever regarding tickets, contracts, promotions, anything else.”

The attorney said the matter is “frustrating” for WROTB and its board.

“That’s why we can’t wait to get into court,” he offered. “We hope that it will all come out why Mr. Nolan, if he continues his lawsuit, … was dismissed from OTB. We will do that in a courtroom, under oath, and not in a press conference. We look forward to it and we look forward to clearing some people’s reputations and names.”

Cohen Calls it ‘Pure Vindictiveness’

Cohen said Nolan found out that he was fired when he reported to work last Friday.

“When he went to show up for work, he was told he had been previously terminated,” he said. “Also, on Dec. 3 when his daughter broke her arm, that is when he learned that they had simply stopped his health insurance without prior notice. And that is pure vindictiveness – pure spitefulness – and that’s quintessential Wojtaszek and Bianchi.”

Cohen said the timing of Nolan’s termination speaks volumes.

“Had Michael’s termination not occurred over a year after he shared with his superiors that, at the request of other members of the board, he honestly answered questions of the FBI, U.S. Attorney and various New York State agencies, one might be inclined to entertain the possibility that Michael’s termination was performance based,” he said.

“But for over a year, after eight years of sterling performance evaluations, Michael was stripped of his duties as FOIL (Freedom of Information Law) officer and other key roles; he was ostracized by the president and chairman, and isolated and not permitted access to the data he needed to do his job.”

Oliverio disputes the contention that Nolan was wrongfully terminated.

“He was constructively discharged from OTB, and he makes a host of allegations about that, again, none of which we can find to be true by any witness or by any facts,” he said.

Nolan was set to receive a salary of $119,704 in 2021. In 2016, as the corporation’s executive vice president and chief operating officer, his annual pay was $102,096.

Batavia Downs Gaming is gearing up for the resumption of its summer concert series and will have a brand-new stage for the performers to belt out their tunes.

Directors of Western Regional Off-Track Betting Corporation today supported an expenditure of about $110,000 to purchase the stage from Audio Images Sound & Lighting, a local company located at 2 Treadeasy Drive, Batavia.

“This is a quality stage -- and the price is outstanding,” said Henry Wojtaszek, WROTB president and chief executive officer. “We have been paying $120,000 a year to rent a stage and now we can buy one for less than that and it will last easily for five years.”

Wojtaszek said WROTB will continue a separate contract for operation of the lights and soundboard on concert dates.

As far as the 2021 lineup, he reported that seven of the eight concerts are confirmed. Currently, only July 30 is open. The other dates are June 25, July 2, July 9, July 16, July 23, Aug. 6 and Aug. 13.

Acts scheduled to visit Batavia Downs Gaming this summer include Don Felder, formerly of The Eagles; Molly Hatchet, and Steve Augeri, former lead singer of Journey.

In other developments:

• Chief Financial Officer Jacquelyne Leach said that November was a “break-even month,” putting a further damper on the year that saw proceeds up by $1 million through February compared to the same time frame in 2019 before COVID-19 reared its ugly head.

“As a result, there will be no earnings distribution for 2020, but the surcharge, which goes to the municipalities (supported by WROTB) is $725,000,” she said, adding that the $64,000 in surcharge generated in November will be distributed in a couple weeks.

Leach reported that the $3.1 million Payroll Protection Program loan received by Batavia Downs Gaming for COVID-19 pandemic relief is expected to be “fully forgiven” per program guidelines.

She also provided projections for the 2021 operating plan with expected distributions on an annualized basis totaling $1.4 million in earnings and $812,705 in surcharges.

• The board approved the corporations’ vehicle use policy, and was informed by Wojtaszek that plans call for downsizing the fleet, which is at about 40 vehicles currently.

He said WROTB could save money by reducing the number of cars and trucks, and giving a stipend instead to those who currently are using company vehicles extensively. Less than 10 people have use of company cars on an everyday basis, he noted.

• Salaries for WROTB officers approved for 2021 are as follows: Wojtaszek, president/CEO/general counsel, $191,846; Leach, $144,746; Scott Kiedrowski, VP/Operations, $107,420; William White, VP/Administration, $107,399; Michael Nolan, COO, $119,704.

Directors of Western Regional Off Track Betting Corporation today passed a resolution authorizing the hiring of the law firm of Harris Beach to help explore the possibility of purchasing the Hotel at Batavia Downs, located next to Batavia Downs Gaming on Park Road.

“We’d like to explore purchasing the hotel,” said WROTB President Henry Wojtaszek, “and that’s why we’ve retained an attorney. We have been in discussions to purchase the hotel but nothing has come of it.”

The resolution reads that the corporation “wishes to engage Harris Beach to continue to provide legal services to Western in the additional amount of $50,000” in an effort “to negotiate an agreement regarding the purchase of a hotel, as well as the terms of bond refinancing …”

The 84-room luxury hotel is owned by ADK Hospitality, a Buffalo-based development team that purchased land from WROTB in March 2015 and spent $7.5 million to build it.

ADK Hospitality partners, along with WROTB officials and state and local dignitaries, presided over a ribbon-cutting ceremony and reception in November 2016.

Currently, the facility is managed by Hart Hotels, which is based in Buffalo.

Wojtaszek said he advised directors that there is nothing to act upon at this time but felt it was prudent to inquire about it and keep their options open.

In other developments, the board voted:

• To close an OTB branch on French Road in Depew as of Nov. 30 and terminate the existing lease;

• To allocate up to $45,000 for the purchase of complementary rooms at the Hotel at Batavia Downs for the remainder of this year and up to $50,000 for the same for 2021;

• To contract with Upstate Strategic Advisors LLC, of Buffalo, for six months, effective Jan. 1, at a rate of $3,500 per month for consulting services designed to help the corporation increase its revenue and improve its marketing strategies;

• To extend an agreement with Mercury Public Affairs LLC, of New York City, for another six months, effective Jan. 1, at a rate of $8,000 per month for lobbying activities with various government entities;

• To contract with Cummins-Allison Corporation for a money counting machine maintenance and service agreement through Sept. 30 at an amount not to exceed $29,768;

• To enter into a five-year contract with Equitable Advisors of Rochester for the company’s deferred compensation plan, a vehicle for employees to invest their pretax earnings.

More than $90,000 in surcharges generated through September gaming activities of the Western Regional Off-Track Betting Corporation will be distributed to the public benefit company’s 15 counties plus the cities of Rochester and Buffalo.

WROTB Chief Financial Officer Jacquelyne Leach today reported that $92,162 in surcharges for last month, topping the $91,604 achieved in August.

“The latest figure is up over $18,000 from September of 2019, which shows how well the pari-mutuel horse racing wagering is doing,” she said, following the monthly board of directors’ meeting at Batavia Downs Gaming on Park Road.

Leach said that there will be no third-quarter earnings’ distribution as Batavia Downs Gaming was shut down in July and August, but did report operational earnings of $189,000 for September.

Batavia Bets is Up Considerably

On the OTB side, Sean Schiano, director of branch operations, said that Batavia Bets continues to thrive with wagering handle increases of 95 percent and 110 percent in September and October, respectively.

With help from the Kentucky Derby, betting via the interactive online and telephone wagering platform was up $912,000 in September and, with help from the Preakness Stakes, wagering this month is up $612,000 through Sunday.

Schiano said Batavia Bets is up $2.9 million – 29 percent – this year as compared to the same time period in 2019.

Directors passed about a dozen resolutions this morning, including advertising buys for direct mail services through Applied Business Systems, licensing rights to show select Ultimate Fighting Championship wrestling and boxing, production costs for television and radio commercials, print ads in the Genesee Valley Penny Saver and digital media marketing on Facebook and Instagram.

Marketing Director Touts 'Pop-Up Shop'

Marketing Director Ryan Hasenauer said Batavia Downs Gaming has televised UFC fights at its 34 Rush sports bar for the past two or three years, but indicated that if 34 Rush doesn’t open (due to the COVID-19 restrictions), they corporation won’t purchase the licensing rights.

Hasenauer said promotions at Batavia Downs Gaming are limited due to state mandates as attendance is capped at 50 per room and live performances are not allowed inside a casino.

“So, we can’t have incidental music, we can’t have a comedian, a psychic or anything where someone is performing,” he said. “But what we can do is we can host vendor shows – we have the vendor show out on the track – and we’re going to be doing something called the 'Pop-Up Shop', where we allow one vendor to be in the Park Place room downstairs and sell whatever they’re selling.”

He said "Pop-Up Shop" vendors will have exclusive rights in that area for a period of time.

“It’s a nice way for businesses in the community to take advantage of our power, our ability to draw people to the facility,” he said, adding that local vendors already are calling to reserve dates, which will be promoted on Facebook.

Other resolutions passed pertained to custodial supplies, track resurfacing costs, diesel fuel and gasoline, dumpster service and building repair items through various vendors.

The board also extended a contract with New Wave Energy Corp. of Buffalo for electric and natural gas for two more years, and announced it had a buyer for the corporation’s former OTB location in Hornell.

GoFundMe for Farewell Family at $28,000

On another front, WROTB President Henry Wojtaszek expressed the corporation’s sympathy for the family of employee Jeff Farewell, supervisor of environmental services, on the death of his daughter, Cheyenne, 20, who was shot and killed on Saturday at a Halloween party in Lockport.

“Obviously the family is devastated and we’re devastated for them. She is a beautiful, young girl, a soccer player and a cheerleader,” he said.

He mentioned that Batavia Downs has set up a GoFundMe page for Cheyenne, who was a student at Brockport State College. The fund has raised more than $28,000 for the family, exceeding its goal of $20,000.

“Jeff is a great employee and I really want to extend thanks to all the employees who have stepped up to help Jeff and his family, and we will continue to do so for the next couple months,” he said.

Despite attendance limits at Batavia Downs Gaming and fewer dates on the horse racing schedule, wagering through services provided by the Western Regional Off-Track Betting Corporation is way up.

And officials of the public benefit company say they are amazed.

“In gaming, we’re at 25-percent occupancy rate (due to COVID-19 restrictions imposed by New York State) and we’re achieving 90 percent of last year’s numbers,” Chief Financial Officer Jacquelyne Leach said following this morning’s WROTB board of directors meeting at the Park Road facility. “This is much better than expected.”

Leach reported a “net win” of $2.2 million since the gaming site reopened on Sept. 9.

“Forty-nine percent of that goes to the state and the rest stays here,” she said, also reporting that the Downs distributed $91,604 in surcharges to municipalities for the month of August.

Wagering has hit remarkable levels at the Batavia Downs harness track and at the corporation’s Off-Track Betting branches as well.

Todd Haight, director/general manager of live racing, said that after 19 of the 42 racing dates, the handle is up more than 57 percent from last year.

“The betting is just off the charts this year; I really never saw this coming,” he said. “Despite having 11 less race cards, the OTBs, which include Batavia Bets, are up over $6,300 in handle, which is amazing.”

Haight said the corporation’s other simulcast sites -- excluding OTBs and EZ-Bets (terminals placed at bars and restaurants) and online betting -- is up 36 percent and total betting, despite a lack of spectators, is up 18 percent.

He said that on Kentucky Derby day, the handle was the second-largest ever at the Downs since OTB purchased the track in 1998.

“It was a pleasant surprise, for sure, but we want to get our spectators back and fill that clubhouse to 100-percent capacity,” he said. “But for now, we’re really excited about the season.”

Sean Schiano, director of branch operations, reported that the Kentucky Derby handle through Batavia Bets, the corporation’s interactive online and telephone wagering platform, was up $53,000 from last year, and that the August handle of $2.2 million was up $755,000 or 53 percent.

Through Sept. 20, Batavia Bets has handled almost $1.4 million, up $757,000 or 119 percent from last year, and year-to-date, the service’s wagering is up almost $2.8 million or 29 percent, Schiano said.

“That’s pretty amazing considering that we were closed for almost two months,” he said. “There were no tracks running anywhere, and when tracks finally starting running, it just picked up. With the closing of the casinos, people have money.”

Schiano said the numbers make him think of how things were several decades ago.

“If horse racing was the only game in town like it was 40 years ago when OTBs were thriving, people will go and bet the horses,” he said. “I wish it would last; I’d love it if the gaming facility and the horse racing was great, but right now, people have the money and they want to bet.”

He mentioned the Kentucky Derby success and predicted similar big numbers for the Preakness on Oct. 3 and the Breeders Cup in November.

“Everyone wants to get through this pandemic, but they still love to bet horses. Sadly, NYS needs to help us out a bit with all the regulations in place really hurt us. But, it’s very nice to see the handle go up,” he said.

In other developments, the board:

• Voted to raise health insurance co-pays for all employees from $15 to $25 and employees’ contribution to their plan to 5 percent. WROTB CEO Henry Wojtaszek said the co-pay change will enable the corporation to get better rates on their plans.
• Established a new position on the gaming floor – cage operations supervisor.
• Approved a contract extension with Upstate Strategic Advisors LLC of Buffalo, a lobbying firm, through Dec. 31, at a rate of $3,500 per month.
• Authorized a five-year contract with the Bonadio Group, a certified public accounting business based in Buffalo, for professional outside auditing services.
• Approved closing the Newark OTB parlor at the end of October due to low betting handle numbers.

Press release:

Officials at Batavia Downs today announced that in preparation for the Kentucky Derby running this weekend, they have implemented several safety procedures in order to keep those wishing to make a wager safe.

All Western OTB Branches will open at 10:30 a.m. on Friday for advance wagering which will help guest avoid the crowds. All branches will open at 10:30 a.m. Saturday. All branches will have enter and exit only signs to help direct traffic.

As in year’s past, there will be extra staff on site to help give out free programs, answer any questions and help control the flow of traffic to help maintain safe social distancing. Face coverings are required to be worn inside all branches.

Due to COVID-19, there will not be any prize drawings at the branches this year and the Batavia Downs Simulcast Center will be closed. The gaming floor also remains closed at this time.

Wagers can also be placed on BataviaBets.com from a phone, tablet or computer. Customers can also wager over the telephone by calling the Dial-A-Bet service at 1-800-724-4000.

“The Triple Crown may be out of order this year, but we look forward to welcoming Derby bettors to our branches and EZ bets,” said Todd Haight, general manager of Live Racing at Batavia Downs. “If people are still hesitant to venture out, our Batavia Bets platform is a nice easy way to make a wager from the comfort and safety of your own home.”

About Batavia Downs/WROTB

Owned and operated by 15 Western New York counties and the cities of Rochester and Buffalo, Western Region Off-Track Betting Corporation is a public benefit corporation with headquarters in Batavia, NY. WROTB owns and operates 17 branches, as well as Batavia Downs Gaming, a standard bred racetrack and gaming facility. Since its inception, Western Region OTB has generated over $220 million in operating and surcharge revenues to the taxpayers of those participating municipalities.

Editor's Note: The Kentucky Derby is the longest running sporting event in the United States, dating back to 1875. The 146th "Run for the Roses" can be seen Saturday on NBCSN (NBC's Sports Network) with live coverage from 2:30 to 7:30 p.m. Post time for what's touted as "the most exciting 2 minutes in sports" is 6:50 p.m.

The chairman of the board of the Western Regional Off-Track Betting Corporation on Thursday addressed allegations of misconduct against President/Chief Executive Officer Henry Wojtaszek, stating that directors couldn’t be happier with the North Tonawanda resident’s job performance.

“Henry has been exonerated on all fronts,” said Richard Bianchi prior to the public benefit company’s monthly board meeting at Batavia Downs Gaming. “He has done an outstanding job. Before the COVID hit, we had record revenues and record attendance.”

Wojtaszek (in photo), a former Niagara County Republican chairman and an attorney, has been on the receiving end of assertions of wrongdoing from former State Sen. George D. Maziarz (Niagara County) related to his WROTB position and past employment.

Directors looked into Maziarz claims, hiring noted Buffalo attorney Terry Connors to investigate accusations into wrongful spending and misuse of Buffalo Bills and Sabres tickets, a company car and cell phone.

While not disclosing details of Connors’ 380-page report, Bianchi said it is a dead issue.

“The car and the phone are gone,” he said, adding that Wojtaszek has “brought Batavia Downs Gaming to great places” since taking over for Michael Kane, who retired in 2016.

The board has increased Wojtaszek’s pay by about 50 percent since he became president/chief executive officer, approving a salary of $191,938 in December.

Prior to that, Wojtaszek served as WROTB’s general counsel for six years and formerly was a partner at the law firm of Harris Beach and city attorney for North Tonawanda from 1998-2004.

At Maziarz’s urging, in April of last year, the FBI reportedly investigated claims of improper spending, but no criminal charges were filed.

Wojtaszek said he and his wife, Niagara County District Attorney Caroline Wojtaszek, have been victims of a smear campaign by Maziarz, who reportedly spent $20,000 on campaign mailers earlier this year in an unsuccessful attempt to discredit Caroline Wojtaszek during her primary run for Niagara County Court Judge.

Henry Wojtaszek said that Maziarz lashed out after being indicted in 2017 on five felony counts connected to Republican campaigns in Niagara County. Before a trial took place, Maziarz was offered a plea deal – a misdemeanor for a single campaign violation – which he accepted and paid a $1,000 fine.

Last year, Maziarz also claimed that Henry Wojtaszek engaged in a bid-rigging scheme to help Four Points Communications win a Niagara County grant-writing contract in 2012. Wojtaszek later worked for Four Points, earning about $50,000 in fees for work related to grants.

According to a July 21 story published in The Niagara Reporter:

Maziarz claimed that “Wojtaszek improperly pressured county officials in 2014 to deliver the grant writing contract to Four Points.” His accusation, however, reportedly was dismissed by a special prosecutor called in to conduct an extensive investigation.

It also was reported that special prosecutor Monroe County DA Sandra Doorley “found no basis for prosecuting Wojtaszek over claims brought by Maziarz.”

“Doorley was appointed special prosecutor by Justice Paula L. Feroleto, administrative judge of the Eighth Judicial District of State Supreme Court, because Wojtaszek’s wife is the Niagara County district attorney and could not investigate a case involving her husband," according to the published report.

When asked on Thursday about all of this controversy, Henry Wojtaszek told The Batavian it is all because of an “unhinged, vengeful and disgraced politician (Maziarz) with an ax to grind.”

He also said he appreciates the board “taking the time to do an exhaustive investigation at Batavia Downs” and he and his officers are looking forward “to continuing to do the job on behalf of the corporation and the municipalities it serves.”