WROTB

State lawmakers are expected to take a close look at sports betting and the Western Regional Off-Track Betting Corporation wants a piece of the action.

“We want to make sure we’re included in that discussion,” WROTB President and Chief Executive Officer Henry Wojtaszek said at this morning’s monthly board of directors meeting at Batavia Downs Gaming. “I ask all of you (directors) to talk to your legislators in your districts (as) we should be part of that dialogue.”

Wojtaszek said he has drafted a letter that is being circulated to OTB parlors and video lottery terminal sites that makes WROTB’s case for inclusion in sports betting operations, including online and via telephone.

He said that he hopes the state legislature addresses it within four to six weeks.

“We want to be part of this industry,” he said. “We can handle this.”

In other developments from the meeting:

• The board heard a report from Beverly Mazur, branch operations committee chair, revealing that Batavia Bets, the corporation’s interactive online and telephone wagering platform, is achieving record numbers despite the gaming facility being closed and the harness track being dark for two to three months.

Mazur disclosed that revenue from Batavia Bets increased by $860,000 (70 percent) in July – reaching the $2 million mark for the first time – after being up by $715,000 (61 percent) in June.

Through Aug. 24, revenue climbed by $500,000 (45 percent) for the month, and it is anticipated that it will surpass $2 million again. Year-to-date revenue is up by $1.7 million (20 percent).

On the other hand, the harness track handle is down $330,000 as fans have not been allowed during the races.

• Board Chair Richard Bianchi (Monroe County) honored Mazur, the Erie County representative who will be stepping down later this year after serving as a director since 2010.

“When she walked in the building, the rafters in this place shook,” said Bianchi, getting a bit emotional as he said this was his most difficult meeting ever (as he had to bid farewell to Mazur). “She was an integral part of the advances we have made … increased attendance and gaming revenue.”

Mazur said she was honored to serve on the board, enjoying every minute of her 10 years.

“Most importantly, we knew we we’re growing because we we’re making changes,” she said, talking about the major enhancements over the past decade.

• Wojtaszek said he sees “a glimmer of hope” as far as when the casino will be able to reopen.

“I’m thinking that next week we will have some guidelines as to how and when we can reopen,” he said. “I hope to open sometime in September … depending upon the governor’s office and the data (COVID-19 metrics).”

He said maintenance staff has installed plexiglass as required, placed arrows on the floor (for social distancing) and installed new air conditioning unit MERV-13 (minimum efficiency reporting value) filters.

Wojtaszek also said staff will be taking patrons’ temperatures and is prepared to utilize contact tracing technology “once we get the OK and guidelines as to what we have to do officially.”

Photo: Ed Morgan (Orleans County), WROTB board vice chair; Director Beverly Mazur (Erie County); Richard Bianchi (Monroe County), WROTB chair, following today's meeting during which Mazur was honored for a decade of service to the board. Photo by Mike Pettinella.

If the Native American casinos are able to conduct business in New York, then why can’t the privately owned and Regional Off-Track Betting gaming locations do the same?

“That’s certainly the argument that we have been making and, hopefully, we’ll have that answer very soon,” said Henry Wojtaszek, president and chief executive officer of Western Regional OTB, owner of Batavia Downs Gaming and Batavia Downs harness horse racing track.

Speaking by telephone today, Wojtaszek said he is cautiously optimistic that Gov. Andrew Cuomo will be revealing guidelines for the reopening of casinos in the near future.

“I think the news is that we will have guidelines soon, and we’ve done a lot to get our facility ready in anticipation of it. But we don’t have any time frame,” he said. “We’re optimistic -- and we use the word ‘soon’ – that we will be getting some guidelines.”

When it was mentioned that a rally organized by casino employees took place on Thursday in front of the Capitol in Albany, Wojtaszek said WROTB is in full support.

“We’ve been in touch with them but we did not have a representative there,” he said. “We certainly are with them in spirit – our workers are. It was good to see that people made the trip to Albany to let them know how important this is.”

He noted that management has been communicating with the New York State Gaming Commission on a regular basis.

The rally was led by Valerie McIntyre, table games supervisor at del Lago Resort & Casino in Seneca County, and Greg Mallette and Robin Torr, hotel managers at Vernon Downs and Tioga Downs Casino Resort, respectively.

Those casinos are privately owned and, like the OTB regions, are subject to state oversight.

McIntyre, in an excerpt from her speech, said that despite the many unknowns, the 5,200 or so casino employees in New York stand united.

“I ask Governor Cuomo on our behalf to please see us, please hear us,” she said. “We need to work, we need to support our families, we need to begin to live again, we need to cling to whatever bit of normalcy this society has left.”

Contrary to Cuomo’s opinion, McIntyre said casino employees are, indeed, essential.

“Because when our lights begin to go off and the refrigerator is empty – when our cars are parked because we cannot afford gas and when the bills pile up, we – right here – are the essential workers for our homes,” she said. “Governor Cuomo, here’s a message to you from us. Here we stand, here we ask to allow us to reopen.”

Native American-owned casinos, however, such Seneca Niagara Resort & Casino in Niagara Falls, have been open for two months.

“If the sovereign casinos can operate with a little guidance from the state, we – as 'New York Strong' casino employees – can implement and adhere to all CDC (Centers for Disease Control and Prevention) and state regulations,” McIntyre said.

Reportedly, McIntyre and friends have a Facebook group with nearly 900 members and are “circulating” an online petition to reopen the casinos that has more than 2,400 signatures.

Additionally, if the Albany rally doesn’t produce any immediate results, the workers plan to hold rallies at del Lago and other casinos across the state.

Press release:

The 74th season of live harness racing at Batavia Downs kicks off on Wednesday and opening night features some of the best horses on the grounds, including the Open filly and mare pacers and the Open class trotters. Post time for the first race is 5 p.m.

The Downs will conduct a 43-day meet, with racing on Wednesday and Friday this week, before switching to a Wednesday/Saturday schedule for the remainder of the meet that runs through Dec. 12. Post time for Wednesday is 5 p.m. and Saturday is 6 p.m. Post time for Friday (July 31) is 5 p.m.

Two special Sunday matinee cards are scheduled for Aug. 2 and Aug. 9 when the New York Sire Stakes come to town. Those cards will feature all-stake races that will see the 2- and 3-year old trotting fillies compete on Aug. 2 and the 2- and 3-year-old pacing colts and geldings go to the gate on Aug. 9. Post time for both of these dates is 1:15 p.m.  

The New York Sire Stakes will be the only stake races at the Downs this year as the track's signature race, the $50,000 Robert J. Kane Pace, will not be contested in 2020.

“We look forward to another exciting race meet,” said Henry Wojtaszek, president and chief executive officer of Western Regional Off-Track Betting, the owner of Batavia Downs. "During these difficult times, we’ve made a series of adjustments that we hope will lead to a successful season."

Fans will not be allowed to attend the races at this point due to ongoing concerns and New York State regulations surrounding the coronavirus. However, listed owners of horses in to go will be allowed on the track apron starting opening night as per New York State Gaming Commission regulations.

Listed owners must make a reservation to attend in advance and be put on a list that will allow them to enter. Reservations must be made 24-hours before race time by calling Mary Bucceri at (585) 344-6144 or by e-mailing your request to mbucceri@westernotb.com. Listed owners who register will receive an email confirmation. Security will only let in those who are on the list.

There will be no food or beverage service available, however, owners may bring food, water or soft drinks in until the gaming floor opens. 

Upon arriving at the Downs, a temperature check and health status questionnaire must be completed by each listed owner in the lobby. Once that process is complete, the owner must then proceed through the Park Place Event Center hallway to the apron. No one is allowed to walk through the gaming floor to the apron. Also, only hotel guests will have access to the second floor.

Anyone coming to the track as a visiting owner on the apron or as a trainer, driver or groom in the barn area or paddock must wear a mask at all times and practice social distancing. This will be strictly enforced.

Listed owners only will be allowed in the winner’s circle for pictures if their horse wins while wearing a mask and practicing social distancing.

Also please be aware that any horsemen or owners coming from states that are on the New York State Coronavirus Quarantine List are not allowed to Batavia Downs attend at anytime. 

Wagering will be available at all WROTB branch or EZ Bet locations, WROTB Dial-a-Bet System for account holders and online at bataviabets.com. The Downs signal is also simulcast to a vast number of brick and mortar and ADW betting sites and may also be wagered on through them. Replays of the Downs races can be viewed the following day at bataviadownsgaming.com, where all Downs racing information can also be found.

On the track, all the local horsemen will be back including 2019 driving champion Billy Davis Jr., Jim Morrill Jr., Dave McNeight III, Drew Monti, Shawn McDonough and Ray Fisher Jr. On the training side, last year’s conditioning champ Jim Clouser Jr. brings his stable back along with Maria Rice, Gerry Sarama, Mike Ohol and Ryan Swift.

“This is definitely going to be a different year for us,” said Todd Haight, director/general lmanager of Live Racing at Batavia Downs. “Without fans allowed in the stands, we won’t have any promotions this year like our traditional dollar hot dog and draft days, Family Fun days including the wiener dog races, nightly giveaways and our Labor Day driver’s bike race that goes back to 1978.

"Right now we are happy that the horsemen can continue to work and hope that with constantly improving Covid test numbers in the state, we may welcome back our guests at some point before the meet ends.”

Genesee, Livingston, Orleans and Wyoming counties have lost a combined $220,246 in revenue during the three-and-a-half month period that operations of the Western Regional Off-Track Betting Corporation have been curtailed due to the COVID-19 pandemic.

WROTB Comptroller Jacquelyne Leach provided estimated totals today after she and WROTB President and Chief Executive Office Henry Wojtaszek sat down for an interview with The Batavian.

Broken down by county through June 30:

-- Genesee County has lost $59,090 from operations and $4,013 in surcharges for a total of $63,103;
-- Livingston, $62,643, $5,232, $67,875;
-- Orleans, $42,760, $2,627, $45,387;
-- Wyoming, $40,640, $3,241, $43,881.

Livingston County’s has lost the most, Leach said, due to its larger population base.

Leach said that “bottom line” losses since having to close on March 16 are $2.8 million -- $2.5 in revenue and another $300,000 in surcharges that would have been distributed to the public benefit company’s 15 counties, City of Rochester and City of Buffalo.

She estimated a loss of $24 million in revenue since mid-March, funds that would have been generated from patrons at Batavia Downs Gaming, 19 OTB betting parlors and 30 betting kiosks in restaurants and bars.

Leach: Revenues Were Way Up

“Before this hit us, we were doing great … in fact, we showed a million dollar increase (in revenues) in February of this year compared to February 2019,” Leach said.

The distribution estimates support WROTB’s increased activity when compared to the total amounts given to the four GLOW counties for all of 2019: Genesee County, $83,483; Livingston County, $89,637; Orleans County, $60,923; Wyoming County, $57,612.

While WROTB officials are unable to oversee distribution of funds not received, they have taken steps to compensate their 450 employees, Wojtaszek said.

“We were able to get a $3.152 million loan through the federal Paycheck Protection Program, which covered eight weeks of payroll and related benefits (such as insurance, workers’ compensation and unemployment),” he said.

Wojtaszek indicated that 90 percent of the loan from the Bank of Castile was used for employee wages and benefits – “a much higher percentage than the required 60 percent,” he said – and 10 percent went to cover utilities.

The PPP money was applied from May 10 through July 4, Leach said, and also included a two-week period from April 17 through May 2 when employees were furloughed.

PPP Loan May End Up as a Grant

Both Leach and Wojtaszek said they expect the PPP loan to be completely or near completely “a forgivable loan.”

“With accurate accounting of the loan and how it was used, we think it will be forgivable when audited by the SBA (Small Business Administration) and the bank,” Wojtaszek said. “If not all of it, maybe just 1 percent that would have to be paid back over a two-year period.”

Initially, the SBA did not include legal gaming businesses in the PPP, but on April 24, it issued an Interim Final Rule stating that they would be eligible, stating “a business that is otherwise eligible for a PPP Loan is not rendered ineligible due to its receipt of legal gaming revenues … and believes this approach is more consistent with the policy aim of making PPP loans available to a broad segment of U.S. businesses.”

Published reports have criticized WROTB for taking the PPP loan, which was tweaked to support both small and large enterprises. In WROTB's case, the loan also covered the stipends provided to members of its board of directors.

“Our employees are more important than any criticism we may have received,” Wojtaszek said. “Plus, we had the legal opinion.”

300 Employees Out on Furlough

Starting on July 10, about 300 of the WROTB workforce went on furlough again. Wojtaszek said employees will be eligible for unemployment insurance and they will continue to receive health insurance coverage. During the July 4th week, compensation was paid out of corporation funds, Leach said.

Leach said it was a matter of taking care of the company’s “most valuable asset.”

“We wanted to take care of our employees during this most stressful time, with their health benefits intact,” she said. “They are our most valuable asset.”

Wojtaszek said the corporation is prepared to extend the furlough (meaning that employees’ jobs are safe) for up to a couple months, but is hoping that Gov. Andrew Cuomo allows the casino to reopen in the near future.

MERV-13 Filters on Order

The OTB parlors have reopened and live harness horse racing at Batavia Downs is scheduled to begin a 43-date schedule on July 25. Including administrative, maintenance, security and custodial employees, about 150 employees are currently on the job.

Both Leach and Wojtaszek said the corporation is being proactive as it prepares to welcome guests back.

“We have ordered advanced (air) filtration systems – the MERV-13 filters that go above and beyond – and expect them to be installed by the end of this week,” Wojtaszek said.

He said that other health-related measures include noninvasive temperature checks, social distancing on the gaming floor, extra cleaning and face coverings for staff and patrons.

“That (a clean facility) has been our mantra from the get-go; we’ve had that going for us for years,” Leach said.

Insurance Premiums at $1 Million

Wojtaszek also reported that the corporation’s annual premium for its complete package of insurances will increase by $270,000 to $1 million for the period of June 1, 2020 through May 31, 2021.

“It’s been a tough year for the insurance industry,” he said. “The biggest factor was that Philadelphia Insurance decided not to insure casinos anymore,” he said, noting that the policy now is with Travelers. “We didn’t have any large claims.”

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Disclosure, July 14, 12:05 p.m. -- The Batavian wishes to clarify that Batavia Downs is a sponsor of the Genesee Region USBC bowling association, of which the reporter, Mike Pettinella, is the association manager. This was brought to our attention by a reader and, while it never entered the reporter's thought process while pursuing this story, we acknowledge that this information should be disclosed.

Longtime Western Regional Off-Track Betting (WROTBC) employee Aaron Galanti was named the new Track Superintendent at Batavia Downs on Thursday after Fran Mruczek announced his retirement on Monday (June 22).

Galanti has worked under Mruczek for a number of years.

Galanti joined WROTBC, the owner of Batavia Downs, in 2008 and has worked with the track crew since 2009.

“I’m extremely excited for the opportunity to become the track super,” Galanti said.

“Equine safety will continue to be our number one priority at Batavia Downs and I look forward to working with all the horsemen and horsewomen in regards to such.”

“We can’t thank Fran enough for his many years of dedicated service to our corporation," said Todd Haight, director/general manager of Live Racing. "It was not unusual to see Fran out on the track at 10 p.m. watering on dark days or here at 3 a.m. plowing snow. The racetrack was certainly his baby.” 

“And we’re all very happy for Aaron; he’s a great guy who has earned this opportunity. He has learned from the best and is ready for his new role; I’m confident he’ll do an outstanding job.”

Live harness racing returns to Batavia Downs on Saturday (July 25) with post time scheduled for 5 p.m.

Photo courtesy of Batavia Downs.

Western Regional Off-Track Betting Corp. directors today voted to grant three easements to the Town of Batavia to support the municipality’s $3 million road project stretching from Lewiston Road (Route 63) to Oak Street (Route 98).

“They are small pieces of the property -- three parcels the Town needs to do the work,” WROTB President Henry Wojtaszek said following the board’s conference call meeting. “This will result in major improvements (along the road).”

The Town is in the process of acquiring easements from three Park Road properties -- Batavia Downs Gaming, Alex’s Place and Benderson Development, owner of the former Kmart – as part of the design phase, said Tom Lichtenthal, the Town’s highway superintendent and assistant engineer.

Lichtenthal said the New York State-funded project has been in the works for 12 years.

“It looks like we finally received the money and it looks like we are going to be able to move forward with the project,” he said.

Lichtenthal said the rehabilitation will include new pavement, curbs and curbing from Lewiston Road to Richmond Avenue with sidewalks on both sides of Park Road.

From Richmond Avenue to Route 98, pavement will be overlaid and sidewalks installed on one side of the road, he said. The sidewalks will be placed on the same side as the Genesee County Sheriff’s Department office until the road bends, and then on the other side from the hotels that stretch to Route 98.

He also said that new water lines will be put in and street lights will be installed on Park Road between Route 63 and Richmond Avenue.

The Town of Town of Batavia is handling the engineering aspects of the project.

Lichtenthal said construction bids will go out this winter, with work scheduled to begin in the spring of 2021.

In other news from the WROTB meeting:

-- Directors reported that the Belmont Stakes generated $345,000 in wagers at OTB branches last Saturday and the total handle for the day was $700,000.

Although both figures represent decreases of more than $210,000 from last year, the handle was deemed as significant in light of the economic situation.

-- Live racing will return to Batavia Downs on July 25 but with only 43 dates instead of the 65 previously announced. Wojtaszek said the plan calls for racing on Tuesdays and Saturdays through mid-December.

-- Batavia Bets, the corporation’s secure online horse wagering platform, took in $863,000 in April and more than $1.1 million in May, Comptroller Jacquelyne Leach reported.

The president and chief executive officer of Western Regional Off-Track Betting Corp. today said he will be exploring all avenues to recoup operating revenue lost due to the COVID-19 pandemic.

“We’re going to take whatever steps we can to make sure the corporation is made whole,” Henry Wojtaszek said today, following a teleconference board meeting at which directors unanimously voted to pay employees of the public benefit company that oversees Batavia Downs Gaming through the pay period ending April 11.

Wojtaszek and Comptroller Jacquelyne Leach reported that WROTB has significant cash reserves to meet the April 11 payroll requirements and said they will be talking to directors regarding compensation beyond that date.

“The cash reserves enable us to make sure the employees are taken care of and we’re hoping that the stimulus bill – working with the state and federal government – makes what is intended to happen actually happen,” Wojtaszek said.

Leach said that because WROTB has had a “such a strong year thus far, which is due to the work of our employees, we are in position (to pay them) in this time of hardship.”

During the meeting, it was reported that payroll expenses for the April 11 pay period were $512,000.

Batavia Downs has been closed since March 16 due to orders mandated by New York State Gov. Andrew Cuomo.

Wojtaszek said that security, surveillance and maintenance employees continue to work on a rotating basis, and that some staff members are working from home.

“Everyone is on call here,” he stated.

He said that while he is “trying to be as frugal as possible” during the shutdown, he did authorize $1,750 in advertising to promote Batavia Bets, the corporation’s online interactive wagering platform.

The board also voted to allocated $5,000 to sponsor for the second year the “GLOW with Your Hands” career exploration event for Genesee, Livingston, Orleans and Wyoming county students exploring careers in Agriculture, Manufacturing, and Skilled Trades.

Wojtaszek said WROTB has paid about a quarter of the $250,000 contracted with the artists scheduled to perform during the 2020 Summer Concert Series, which is set to begin on June 19.

“The concert series is still a go, subject to the rules set by New York State,” he said, adding that if it were cancelled, WROTB would take legal action, if necessary, to receive reimbursement.

By Tim Bojarski, for Batavia Downs Gaming

Representatives from Western Regional Off-Track Betting (WROTB) reported today (May 6) that a record $2,039,088.30 was wagered on the Kentucky Derby through their outlets including BataviaBets.com, OTB Branches and EZ Bet Locations.

In particular the Empire branch in Rochester, saw significant growth, up 27 percent from the previous year. And wagering was also very strong at Batavia Downs Gaming and Hotel, up 7 percent there.

Batavia Downs hosted three separate parties with a full house of happy, gambling revelers enjoying the Run for the Roses. The Park Place Party served an all-time high 751 dinners; well eclipsing the 605 meals sold last year. Thurman Thomas’ Sports Bar “34 Rush” had their highest single day total for sales.

Down on the gaming floor, $4 million credits were played which was the second highest in their history. The week ending Saturday saw the highest credits played total of all time, with $18.3 million in Credits Played, beating the previous best seven-day period of $17.4 million.

The results of the 145th Kentucky Derby may have been controversial with the subsequent disqualification of Maximum Security, who was first under the wire, but according to Henry Wojtaszek, president and CEO of WROTB, Derby Day 2019 was unbelievable all the way around.

“The wagering, party and gaming numbers are a continuation and reflection of the solid year Batavia Downs has been experiencing,” Wojtaszek said. “We could not have pulled this off if it wasn’t for our dedicated OTB branch and Batavia Downs staff, who worked tirelessly on Derby Day. We appreciate the solid support from our loyal customer base.”

WROTB is already gearing up for the second jewel of thoroughbred racing's Triple Crown to be held on May 18 at Pimlico racetrack.

Among the events scheduled for Preakness is the $15 Trifecta special that will take place in the Park Place Event Center at Batavia Downs from 4 to 7 p.m.

Live harness racing return to Batavia Downs on Wednesday (July 24) for the meet that will run through Saturday (Dec. 14).

Officials at Western Regional OTB released a statement this afternoon flatly denying a report that there is an FBI investigation into "lucrative contracts" for "politically wired" companies.

Buffalo-based Investigative Post reported that the FBI is looking into contracts granted to firms with ties to OTB Chairman Richard Bianchi, a member of the Monroe County Conservative Party’s executive committee, and CEO Henry Wojtaszek, former chairman of the Niagara County Republican Committee.

Reporter Jim Heaney wrote that the story is based on multiple unnamed sources. He wrote that an FBI spokesperson would neither confirm nor deny the existence of an investigation.

Batavia Downs and Western OTB spokesman Ryan Hasenauer released the following statement:

“The FBI has not confirmed that there is an investigation of the Western Regional Off-Track Betting Corporation (WROTB) and WROTB has not received any inquiry from the FBI.

“Any inquiry or investigation would learn that our contracts are reviewed by an independent Board of Directors appointed by the County Legislatures of 15 counties and the Mayors of two cities. These contracts are audited, public documents and available for public inspection. Furthermore, WROTB has procurement policies that are strictly observed.

"We are proud of our record at WROTB, as the only municipally owned and operated gaming facility in New York State. We are not just a strong economic driver for Western New York, but we provide critical funding for community development which creates jobs, protects families and helps to offset tax increases for residents.”

Press release:

Today, leaders from Batavia Downs/Western Regional Off-Track Betting Corporation (WROTB) thanked leaders in Albany for allowing 15 local counties and the cities of Rochester and Buffalo to receive additional revenue to help hold the line on property taxes, fund first responders and public libraries.

Prior to this change in the tax code, Batavia Downs was losing critically needed revenue because we paid the highest tax rate of any Upstate New York gaming facility. With the 2-percent increase approved in the State Budget, localities will see a significant increase effective immediately.

“The passage of this tax fairness legislation is critical for our continued success,” said Henry F. Wojtaszek, president/CEO of Batavia Downs Gaming WROTB.  “We are proud to have a wonderful partnership with Governor Cuomo and our local elected leaders -- especially Assemblywoman Crystal Peoples-Stokes and Senator Tim Kennedy.

"Our representatives in Albany understand the important economic impact Batavia Downs Gaming has in Western New York and we are so thankful to them for their hard work on getting this legislation passed today. Thanks to their efforts, we are looking forward to increasing our financial contributions to our community, which will be seen and felt across Western New York.”

All who spoke at this morning’s groundbreaking ceremony for a $4 million expansion project at Batavia Downs Gaming agreed on one central point: It’s the residents of the municipalities supported by the facility who benefit the most.

“Funds (generated) from gaming go to local communities to keep the tax rate lower,” said state Sen. Michael D. Ranzenhofer (R-Amherst), whose comments were echoed by state Sen. Robert Ortt (R-North Tonawanda), state Assemblyman Stephen Hawley (R-Batavia) and Downs President/CEO Henry F. Wojtaszek.

Also on hand for the event were former Buffalo Bills great Thurman Thomas, who serves as an ambassador for Batavia Downs Gaming; directors of Western Regional Off-Track Betting Corp., and Batavia Downs employees.

Ranzenhofer said he remembers 15 to 20 years ago – “what this facility was like then and what it is today is a dream come true."

"We want to make sure that this is viable and exciting for people to visit. (Expansion) plus the simple things like paving the parking lot and adding the hotel, makes it a jewel among other racinos in New York.”

“This is a long time coming,” Wojtaszek said. “We hope to complete it by the end of December.”

Wojtaszek said that the new amenities – a new cigar bar, additions to Fortune's restaurant including a new banquet area and bar, and expanded kitchen space to serve 34 Rush customers – will “increase revenue and more contributions to our communities.”

He added that he looks forward to future expansion and being able to offer sports betting.

Ortt, who noted that he had a poster of the "Thurmanator" as a Buffalo Bills’ fan when he was a youth, said the topic of gaming is a frequent one in Albany.

“We’re always talking about it … ways to make it viable and competitive,” he said. “We can see that OTB is doing the things to make it viable and competitive and to stay ahead of the curve. And the money that goes to the communities directly offsets property tax increases.”

Hawley, who also said he was a “longtime admirer of Thurman Thomas, but was not a kid while he was playing,” spoke of Batavia Downs’ rich history.

“This is the oldest flat track in America, opening in 1940 under the Provenzano family, and it is great to see it is expanding and becoming part of a new century,” he said. “It is a vital part of our economy.”

Thomas didn’t speak during the brief presentation, but said he felt “honored” to have the opportunity to promote the operation.

“I’ve always given back to the community,” he said. “It used to be in Buffalo but now that I’ve been here six or seven years, I feel like I’m part of this community. The fact that tax money goes back to the counties – that’s the most important thing.”

Batavia Downs Gaming and WROTBA is a public benefits corporation owned and operated by 15 WNY counties and the cities of Buffalo and Rochester.

Photos below -- renderings of new entrance, Gatsby bar and cigar bar (lower left). Photos by Mike Pettinella.

Press release:

The New York State Senate passed Senate bill S7397-A, establishing a more equitable tax rate for Batavia Downs Gaming.  Senator Michael Ranzenhofer, the sponsor of the legislation, issued the following statement:

“Today the Senate passed legislation to help level the playing field for Batavia Downs. Lowering the tax rate not only protects the future viability of Batavia Downs but returns more revenue to taxpayers across Western New York. I am hopeful that the Assembly will take action on this important legislation.”

Batavia Downs Gaming, operated by Western Region OTB (WROTB), is a standardbred racetrack and gaming facility. WROTB is a public benefit corporation – owned by 15 Western New York counties, including Cattaraugus, Cayuga, Chautauqua, Erie, Genesee, Livingston, Monroe, Niagara, Orleans, Oswego, Schuyler, Seneca, Steuben, Wayne, and Wyoming, as well as the cities of Rochester and Buffalo.

Since its inception, WROTB has generated hundreds of millions of dollars in operating and surcharge revenues to the residents of those participating municipalities.

Press release:

Today, the United States Supreme Court decided to strike down the Professional and Amateur Sports Protection Act, a 1992 federal law that limited gambling.

This Supreme Court decision paves the way to bring sports betting to New York State and to the customers of Central and Western New York. Western Regional Off-Track Betting and Batavia Downs Gaming are perfectly positioned with existing infrastructure to deliver a sports-betting platform to our customers in our 15 counties including the cities of Buffalo and Rochester.

As the only municipally owned gaming facility in the state, Batavia Downs Gaming is not only a strong economic driver for Central and Western New York, but it provides critical funding for community development which creates jobs, keeps families safe and helps to offset tax increases for residents.

Since its inception, Batavia Downs Gaming has generated more than $226 million to 17 municipalities and bringing sports betting to our locations will significantly increase these important contributions.

 “Legislation to allow sports betting in New York State will help grow jobs in our brick and mortar locations through Western and Central New York, and will increase the significant community development contributions we provide to our municipalities,” said Henry F. Wojtaszek, president/CEO of Batavia Downs Gaming WROTB. “We are looking forward to working with New York State officials to enable legislation that will allow this dynamic opportunity to become a reality.”

“We have been preparing for this sports betting decision and we are confident we can get the product up and running quickly, smoothly and professionally,” said Michael Nolan, chief operation officer of Batavia Downs Gaming WROTB.

Press release:

Yesterday, Sen. John Bonacic (R-Mount Hope), the head of the New York Senate Racing, Gaming and Wagering Committee introduced legislation that would pave the way for sports betting, should the Supreme Court knock down the federal prohibition. 

Western Regional Off Track Betting and Batavia Downs Gaming are perfectly positioned with existing infrastructure to deliver a sports betting platform to our customers in our 15 counties including the cities of Buffalo and Rochester.

As the only municipally owned gaming facility in the state, Batavia Downs Gaming is not only a strong economic driver for Central and Western New York, but it provides critical funding for community development which creates jobs, keeps families safe and helps to offset tax increases for residents.

Since its inception, Batavia Downs Gaming has generated more than $226 million to 17 municipalities and bringing sports betting to our locations will significantly increase these important contributions.

“If we are able to offer sports betting to our customers, we would see more resources flowing directly to our bosses – the millions of New Yorkers who live in the Western Region Off Track Betting counties,” said Henry F. Wojtaszek, president/CEO of Batavia Downs Gaming WROTB. “We’d be able to deliver critical funds to help local law enforcement, first-responders, and help in the fight to keep property tax hikes at bay.

"We want to thank Sen. John Bonacic for his leadership on this important issue. Our delegation in Albany and Governor Cuomo has always stood by our side to get our fair share out of Albany, and we hope it’s no different with sports betting."

Michael Nolan Chief Operating Officer Batavia Downs Gaming/WROTB said: “Operationally with our brick and mortar locations, Batavia Downs Gaming and WROTBC is a natural affiliate to deliver sports wagering to residents of Western and Central New York as we have delivered parimutuel wagering since 1974."

Press release:

Representatives from Western Regional Off-Track Betting Corporation (WROTB) announced Tuesday that wagering at WROTB locations on Saturday’s Kentucky Derby was its highest total ever at $2,031,741, beating 2014’s record handle.

Handle was up over $200,000 over last year’s handle -- a 12-percent increase. Batavia Downs Gaming also posted a record gaming handle of $3.5 million for the day.

“This was an incredible day of wagering," said WROTB President Henry Wojtaszek. “We at WROTB want to thank our patrons for coming out to our branches, EZ bets, Batavia Downs and for using our online service Batavia Bets.com.

"We appreciate their patience on our busiest day. We could not have pulled this off if it wasn’t for our dedicated OTB branch and Batavia Downs staff, who worked tirelessly on Derby Day. We send congratulations to all our winners including the 34 patrons who hit the Trifecta and to the person who hit the $75,000 Superfecta.”

Derby wagers placed just at Batavia Downs Gaming totaled $91,330, an increase of nearly 58 percent over last year. Wagering using BataviaBets.com, WROTB’s online website, on the Derby was $98,352.50, a record. Batavia Bets.com signed up 720 new accounts on Friday and Saturday, also a new record.  Buffalo ranked #4 in the country in terms of Derby viewership.

“It’s exciting to see that interest in the Kentucky Derby is alive and well in Western New York, “ said Todd Haight, general manager of Racing at Batavia Downs Gaming. “We had a record number of attendees at our onsite party.

"We’ll have another party for the Preakness with live mutuels sellers, food, free play and a complementary Preakness wager like we had for the Derby.”

The Preakness Stakes, the second leg of the Triple Crown, is scheduled for 6:48 p.m. on Saturday, May 20.

About Batavia Downs/WROTB

Owned and operated by 15 Western New York counties and the cities of Rochester and Buffalo, Western Regional Off-Track Betting Corporation is a public benefit corporation with headquarters in Batavia, NY. WROTB owns and operates 19 branches, as well as Batavia Downs Gaming, a standard bred racetrack and gaming facility. Since its inception, Western Regional OTB has generated over $215 million in operating and surcharge revenues to the taxpayers of those participating municipalities.

Richard Siebert, a member of the Western OTB Board of Directors, used yesterday's Ways and Means Committee meeting to brief members of the County Legislature on the relationship of WOTB with George Maziarz and the status of Henry Wojtaszek, the organization's CEO.

Both have been in the news recently in connection with a criminal investigation by Attorney General Eric Schneiderman.

Maziarz is accused of shielding $95,000 in secret campaign payments to a former staff member. Wojtaszek, as part of the same investigation, has pled guilty to a misdemeanor related to paperwork that was filed, or not filed, by the Niagara County GOP Committee, which Wojtaszek once led.

News reports have linked Maziarz to Western OTB, but Siebert told legislators that's not entirely accurate.

The former 20-year veteran of the State Senate was hired as a consultant by a lobbyist that Western OTB uses, Patty Lynch, and Lynch has apparently used Maziarz to work on some Western OTB issues in Albany. 

Maziarz was not directly working for Western OTB, Siebert said.

"We made it very clear at our last board meeting to Patty Lynch that George Maziarz was to no longer to be associated with Western OTB," Siebert said. "We cleared that up. We have no relationship with George Maziarz. Technically, we’ve never paid him, it was just something that Patty Lynch did on her own."

As for Wojtaszek, Siebert said Wojtaszek had resigned as the Niagara County GOP chair in 2009, but somehow he was hung with a 2012 violation related to paperwork that wasn't properly filed.

Siebert, who is also the Republican elections commissioner for the county and chairman of the county GOP, said Schneiderman's office gave Wojtaszek a choice, plead guilty to a misdemeanor and be able to keep his license and his job running Western OTB, or face felony charges that would be tried in Albany, which could have mean legal bills well over $100,000.

At a meeting, the Western OTB board, which includes two Democrats, two Conservatives, and 14 Republicans, agreed unanimously, Siebert said, to support Wojtaszek. The board wants him to stay on as CEO, he said.

"Henry’s done a great job," Siebert said. "Our previous CEO never came out of the office. Henry is out there asking people what they can do better, what we can do better, what management can do better. He’s been a great morale booster. He has great contacts in Albany."

Western Regional Off-Track Betting Corporation directors this morning approved a resolution to contract with Keeler Construction of Albion to renovate the parking lot of Batavia Downs Gaming on Park Road.

"The parking lot is a go," said Michael Nolan, chief operations officer, referring to approval from the New York State Gaming Commission for the $508,128 project, which is set to begin in early May and be completed by the end of that month.

Nolan advised that the reconstruction and repaving of the parking lot, which currently can handle 1,043 vehicles, will be done in three phases -- with Downs' officials taking steps to minimize any inconvenience to their customers.

"When crews are working in one section, and cars have to be parked further away from the building, we will set up a shuttle service," Nolan said. "We will do everything we can to accommodate patrons while the work is being done."

Scott P. Kiedrowski, vice president of operations, said the contract with Keeler calls for "digging out portions of the lot that are the worst, making sure the drainage is functioning properly, putting a layer over the entire lot and restriping."

"We are driven by the fact that it has reached its age; the time is now for major improvement," he added.

Director Edward Morgan (Orleans County), who has extensive experience in road resurfacing, will be acting as a volunteer liaison for WROTB during the project.

In an unrelated matter, the board has addressed a situation surrounding criminal charges against WROTB President Henry Wojtaszek, who, according to published reports, pled guilty to a misdemeanor charge on Wednesday in connection with an ongoing probe into election law violations.

The violation apparently took place in 2012 when Wojtaszek, the former Niagara County GOP chairman, failed to properly file a statement with the NYS Board of Elections.

The investigation has led to indictments against State Senator Rob Ortt and former state senator George Maziarz -- with Ortt's charges involving three counts of offering a false instrument for filing, according to The Buffalo News.

WROTB directors issued a statement supporting Wojtaszek, who was appointed as WROTB president last year. Details of Wojtaszek's plea have yet to be revealed.

The statement reads, in part, that Wojtaszek will pay a fine to receive a "conditional discharge" and that he "fully accepted responsibility" for failing to properly file the document.

"The board supports him, including me, to a man," said Director Richard Siebert (Genesee County). "There is nothing here that will cause him to lose his lawyer's license or his Gaming Commission license."

A phone call to Wojtaszek was not returned at the time of this posting.

In other developments:

-- A summer concert series is scheduled for six Saturdays in June featuring nationally known recording artists who will perform on the track's infield. Although not confirmed, possible acts include Lee Greenwood, Lou Gramm, Eddie Money and Lone Star.

-- Nolan reported that the Gaming Commission also approved plans for a new paddock at Batavia Downs. He said once the bid process is completed, he expects construction to start in June or July.

-- Operational earnings of $111,857 in February represent a $98,000 increase from the same time period last year, Comptroller Jacquelyne Leach said. The track's EZ Bets handle was up 12 percent in February (compared to February 2016) and is up 41 percent this month (compared to March 2016).

-- Racing Director Todd Haight reported that live harness racing will begin on July 26 and run through Dec. 16 for a total of 71 dates. Post times will be 5 p.m. on Wednesdays (except for opening day when it will be 6 p.m.), 6 p.m. on Fridays and Saturdays, and 1:15 p.m. on matinees and Sundays.

The track's Family Fun Day, featuring weiner dog races, is set for Sunday, Aug. 27.

-- More than $400,000 in winning or refundable pari-mutuel tickets across the state from 2016 must be cashed by March 31 or that money goes back into NYS coffers, Haight said. About $25,000 of that amount was generated from activity at Batavia Downs or WROTB parlors.

Those holding these tickets can go to a local OTB branch or Batavia Downs to claim their winnings.

Update: 9 a.m. 1/20/17

Assemblyman Stephen Hawley said that Gov. Cuomo has proposed in his budget to provide $2.25 million from existing state gaming aid payments for Madison County in connection with the opening of the Oneida Nation casino in Chittenango, and also that the governor wants to cut VTL funding outside of Yonkers by $698,000 -- decreasing the statewide amount of VLT funding to $28.6 million.

"We must remember that this is merely a budget proposal by the governor, and now the legislature will get to work on it and I will be keeping a close eye on this," Hawley said.

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Western Regional Off-Track Betting Corp. officials are troubled about a bill in New York State’s proposed budget that would redistribute available state aid associated with hosting a gaming facility to a county that hosts a tribal casino, but does not receive a percent of the state share of revenue from that casino.

If passed into law, the measure could decrease the amount of state aid distributions to local municipalities that benefit from gaming activities at Batavia Downs, according to WROTB President Henry Wojtaszek.

“If the bill as written should pass, this would not be good for Genesee County," Wojtaszek said following Thursday’s WROTB Board of Directors meeting.

Wojtaszek said that the bill focuses on the situation in Chittenango in Madison County, home of the Native American-owned Yellow Brick Road Casino. Madison County is the only county that receives no state share of the revenue from the casino located within its borders, he noted.

Proponents of the bill believe its passage would provide an equitable distribution of state gaming aid. It would take effect on April 1 and expire on March 31, 2020 to allow for a re-evaluation of the gaming industry in the state.

A summary of the bill’s four sections is as follows:

-- Section 1 would amend the State Finance Law to reduce funds available for distribution to non-host counties in regions hosting a commercial gaming facility by $1.4 million in fiscal year 2018 and $1.55 million in fiscal years 2019 and 2020.

-- Section 2 would amend the State Finance Law to provide a county that hosts a tribal casino but does not receive a percent of the state share of revenue from that casino with an annual distribution of $2.25 million.

-- Section 3 would amend the State Finance Law to reduce funds available for distribution to non-host counties in regions hosting a tribal casino by $600,000 in fiscal year 2018 and $500,000 in fiscal years 2019 and 2020.

-- Section 4 would amend the State Finance Law to reduce the state aid payment to eligible municipalities hosting a VLT (video lottery terminal) facility by $250,000 in fiscal year 2018 and $200,000 in fiscal years 2019 and 2020.

Provisions of Section 4 could negatively impact Genesee County, the City of Batavia and the Town of Batavia -- municipalities that receive VLT funds from the state due to their roles as casino "hosts."

County Manager Jay Gsell said he believes that the dollar amounts in Section 4 of the bill are "global" figures, meaning that the VLT funds distributed to the 18 "host" municipalities across the state would be reduced proportionately.

When contacted about this proposed bill, State Assemblyman Stephen Hawley said he is in the process of reviewing Gov. Cuomo’s proposed budget, and would call back with comments.

On a related topic, Wojtaszek also said that a bill that would have increased the percentage of net proceeds that Batavia Downs Gaming would be able to keep was vetoed by Gov. Andrew Cuomo on Dec. 31.

“It was vetoed by the governor but we plan to introduce the request to the State Legislature again this year,” he said, noting that the corporation is seeking a jump from 35 percent to 41 percent.

“The primary benefit is that this money would go back to the member communities to help offset taxes and give their residents a reasonable tax rate.”

Wojtaszek said that other gaming facilities have had similar bills passed, and that it is a matter of fairness.

Board Vice-Chairman Thomas Wamp (Livingston County) said the “vendor bill” is crucial to the continued success of Batavia Downs Gaming.

“We’re definitely concerned in light of the new casinos coming, especially del Lago (Resort & Casino in Seneca County), and since Finger Lakes is impacted by this, they will promote more to the west and take some of our customers,” Wamp said.

Wamp and Chairman Richard Bianchi (Monroe County) were unanimously re-elected for another year. They have presided in the top two positions for the past seven years.

In other developments, the board:

-- Reported that $99,187 in surcharges were generated in November for distribution to the municipalities served by the corporation, and that the casino’s EZ-Bet revenue reached the $700,000 mark in December, increasing the total for 2016 to $10 million.

The $10 million mark represents a 12-percent rise from 2015.

-- Announced that a sports autograph show is set for Feb. 18-19. Among the former pro athletes scheduled to attend is Scott Norwood, placekicker during the Buffalo Bills’ Super Bowl era. Also, officials are making plans for two outdoor concerts in June, with Lone Star and Eddie Money as the headliners.

-- Reported that construction of the new paddock will begin in mid-April and, after a break, will continue with an eye toward completion before the 2018 racing season. The project carries a price tag of $1 million.

-- Authorized a one-year contract with Park Strategies LLC of New York City, a lobbying firm founded by former U.S. Senator Alphonse M. D’Amato at a cost of $5,000 per month.

-- Reported that 38 more games are being added to the casino floor, upping the total to 835.

Henry Wojtaszek, president of Western Regional Off-Track Betting Corp., is hoping for a Christmas present in the form of the governor's signature on a bill that would "level the playing field" when it comes to the amount of revenue that Batavia Downs Gaming would be able to retain.

Currently, Batavia Downs Gaming gets to keep 35 percent of the net proceeds. If the bill -- which has passed through both houses of the State Legislature -- is signed into law by Gov. Andrew Cuomo, that figure would rise to 41 percent. A 6-percent increase translates to roughly $3 million in additional earnings.

"We're at a disadvantage now," Wojtaszek said following Thursday morning's board of directors meeting. "Other casinos in WNY -- Buffalo Raceway, Finger Lakes and the Senecas -- are at 41 percent, and more in some cases."

Wojtaszek said it's a matter of "being fair and competitive, and enabling us to retain and create jobs."

"The passage of this bill would definitely level the playing field," he said.

He said the bill is on the governor's desk.

In consideration of the ever-increasing competition, WROTB officials are anticipating operational earnings of $2,628,000 for 2017 -- down from the $3.3 million that was projected for 2016. The 2017 figure is based on a net revenue projection of $3,817,000 minus a $1,189,000 surcharge paid to municipalities.

"The corporation feels the opening of del Lago (in Seneca County) on February 1st will have some impact; of course, there will be a honeymoon period," said Comptroller Jacquelyne Leach. "But our advertising and marketing department is stepping up efforts to offset this."

Leach said her net revenue projection of $3.8 million is based on overall revenues of $76.3 million minus payments to all state entities and operational expenses totaling $72.5 million.

In another development, WROTB directors extended farewell wishes to Fred Hamilton, of Batavia, who is retiring on Dec. 31 after nearly 11 years as the corporation's food services director.

"When we hired Fred, immediately the quality, service and product went skyward," said Michael Kane, former WROTB president and current consultant to the board. "He treats every customer like it's his brother. We'll all miss you. You've done a wonderful job for this corporation."

Hamilton said he is "going to miss a lot of people" and thanked all the "great people" who work at Batavia Downs, but said that "the timing is right" for retirement. He has been in the food service business for nearly 50 years.

Photo -- Fred Hamilton, center, is congratulated by Henry Wojtaszek and Jacquelyne Leach at today's WROTB board meeting. Hamilton, the Downs' food services director, is retiring at the end of the year. Photo by Mike Pettinella.

The new, privately owned Hotel at Batavia Downs has "reinvented" the destination landscape in Batavia and Genesee County, the leader of the 84-room, luxury facility's investment group said at a ribbon-cutting ceremony and reception on Wednesday night at Batavia Downs Gaming on Park Road -- and there could be more to come in the near future.

"This is a proud day for Batavia and Western New York. With this hotel, we have reinvented the hotel industry in Batavia," said Anthony Baynes, managing partner for ADK Hospitality, a Buffalo-based development team that purchased land from Western Regional Off-Track Betting Corp. in March 2015 and spent $7.5 million to build what it hopes becomes the county's first AAA four-diamond hotel. 

Baynes went on to thank Michael Kane, former WROTB president and CEO, for his efforts in forging what he called a "unique partnership" between private investors and a public corporation, and Hart Hotels, a highly respected firm that has been hired to manage the hotel.

Buffalo TV personality Laurie Lisowski Frey, WROTB President Henry Wojtaszek, Congressman Chris Collins and Dr. Laszlo Mechtler also spoke briefly to the estimated 400 people at the event before the investors cut the ribbon officially opening the hotel, which was nearly sold out for the evening.

"This is an extremely exciting time for our company, and for our region," Wojtaszek said. "This collaboration takes our organization to a new level and certainly strengthens our brand."

Collins said he was glad to say this was a "bipartisan" gathering.

"We have both Republicans and Democrats here, but when it comes to supporting worthwhile ventures (we're in agreement)," he said. "These entrepreneurs are risking their own capital ... and it's great to see the entrepreneurial spirit serving Genesee County and Batavia.

Rick Likus, hotel general manager, while leading tours for the invited guests, said the Hotel at Batavia Downs is "truly a destination that nobody else in this market can offer."

He said there are 40 rooms with double queen beds and 40 with king beds, as well as four two-room suites on the fourth floor that face the harness horse-racing track. He said extra "perks" for guests include specially made goose down pillows and mattresses, refrigerators and coffeemakers, Belgian chocolates and an early evening "turn-down service" where the rooms are spruced up by housekeeping staff.

Kane, who is acting as advisor to the WROTB board and management, said the hotel became "a priority" after the gaming facility completed its capital project downstairs. He said he is confident the hotel will succeed, thanks in part to the professionalism of Hart Hotels.

"Hart is the single-most capable organization in my opinion," he said. "They manage a five-star hotel in Watkins Glen (actually three four-diamond properties in Watkins Glen, 1000 Islands and Portland, Maine). The hotel here is very well appointed, and one more piece that will drive revenue to our municipalities."

Kane provided some insight into the Downs' future plans, stating that as more property becomes available, a banquet hall big enough to accommodate a couple thousand people could be added.

"That would be beneficial," he said. "In a constantly changing industry, you need to stay ahead (of the curve)."

IT'S OFFICIAL: ADK Hospitality investment partners and Congressman Chris Collins, right, surround Henry Wojtaszek, president of Western Regional Off-Track Betting Corp., during a ribbon-cutting ceremony Wednesday night to mark the opening of the upscale Hotel at Batavia Downs. From left are Jim Basil, John Basil, Anthony Baynes, Wojtaszek, Kent Frey, Dr. Laszlo Mechtler, David McNamara and Collins. 

Other photos -- Congressman Chris Collins, with WROTB executives Scott Kiedrowski​, Michael Nolan and Jacquelyne Leach in background; Thurman Thomas (former Buffalo Bills running back and Batavia Downs spokeman) speaking to Bills fan Jon Detwiler and Nolan, and posing with Connie Penkszyk of Batavia. Photos by Mike Pettinella.