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A Canadian restaurant chain is planning to expand into Western New York, and Batavia is part of the firm's plans, according to the Buffalo News.

Mississauga-based Coffee Culture Cafe & Eatery Is beginning its expansion in Buffalo. The article offers no specifics on the company's plans for Batavia, such as location or timing.

Coffee Culture President Peter Karamountzos said his company has been eyeing a U. S. launch for about 18 months and picked New York over Michigan and Illinois for a cross-border expansion.

“We’d like to open 10 to 12 location in and around Buffalo,” Karamountzos said. “We like to be in village settings or downtowns, where there’s strong neighborhood foot traffic. We also like being on corners where we can have a physical presence.”

...

The European-style eateries offer a range of fresh-baked goods, panini sandwiches, breakfast and lunch/dinner crepes and coffees. Coffee Culture eschews drive-up windows in favor of more personal walk-in and sit-down service.

“Our theme is ‘Come for a taste, Stay for a visit,’” Karamountzos said. “We know people are in a hurry, but that doesn’t mean they have to settle for a sterile fast-food experience.”

The state Legislature is consider new regulation that would allow Batavia Downs to expand its hours and increase the types of games it offers.

Currently the Downs is limited to 116 hours per week. Under the proposal, the casino could stay open for 128 hours per week.

Among the new games being considered are electronic roulette and electronic blackjack. Right now, the Downs is limited to slot machines and video poker.

The moves are being eyed as a way to give the state a boost in revenue when it's struggling to close massive budget gaps over the next four years.

"We will consider them all if it will help us raise some revenue," Paterson said in an interview today with Gannett News Service.

Apparently, the legislature cannot expand the race tracks into full-blown casino's without a constitutional amendment.

I'm guessing that's why the facilities don't offer -- and the Legislature is not considering -- poker?

Poker remains popular throughout the U.S. It seems logical that it would be as successful at Batavia Downs as any place else.

Poker is one of the few games that gives the player a chance to consistently win money, since there is no house advantage (the house takes what's called a rake, a small portion of the opening bets) from each pot, and some pots can be won on the pure skill of an individual player (of course, there's luck involved, too).

Whereas slot machines, video poker and similar electronic games have a house advantage built right in. For example, even if a slot machine offers the nearly unheard of, outrageously high pay out of 98 percent, a player cannot beat it in the long run. Eventually, he is going to lose all of his money (it might take millions and millions of pulls, but the odds are against the player).  Of course, short-term variance means most players either lose big or win big on any given day, which is the thrill that hooks in so many problem gamblers.

Blackjack offers a similar house advantage, which can be defeated by a skilled card counter -- but casinos will ban card counters when caught.

So why does the state sanction games that offer the player no real advantage while banning the one wager game that a skilled player can actually beat?

As a libertarian, I have nothing against these facilities offering these games, or the state legalizing them, or people playing them.  People are free to make their own choices in these matters. I just don't get why poker isn't legal.

Do you use Twitter? If so, you can also follow The Batavian on Twitter.

Often you hear people talk about how government should be run like a business, and it is a nice metaphor for reminding people that cost controls are important, and the books should be balanced, but the phrase masks a very important reality: Government is not a business.

In our talks with people around town about our belief in an open, transparent government, we are sometimes confronted with the idea that government should be run like a business.

Specifically, the City of Batavia should have only one spokes person, and that person is City Manager Jason Molino.

When we spoke to the City Council on this subject a couple of weeks ago, that was exactly the argument Councilman Bill Cox used in dismissing our request for more open access to the local government.

Earlier this week, when we did a post on this topic, John Roach left the following comment:

Jason is right not letting city employees speak with you or the other news media. He is dead right on that. There can be only one spokesman for an organization and all public agencies have that policy. In fact, most private companies have the same policy: one spokesman.

Both Philip Anselmo and I responded about how neither of us, in all of our journalistic experience, have ever dealt with a city government that prohibited employees from talking to the media.

It's just not normal.

But here's where the argument that government is like a business really breaks down:

A government can do things a business can't. A government can impose taxes; a government takes those taxes and decides how to spend those dollars in ways that can have profound impacts on citizens' lives; a government employs people who carry guns and can lock up citizens for reasons both great and small; a government can tell you where and how to hang a sign, what color to paint your house, what repairs must be made to your front porch, what new structures you can erect and where you can do it and what materials can be used; a government is responsible for running facilities -- such as parks -- for the public benefit.

In other words, a government has great power over, awesome responsibility for, and substantial accountability to every person within its jurisdiction.

Businesses, on the other hand, rely on competitive advantages and trade secrets to maintain profitability and ensure it can maintain and grow jobs for the people of a community. Without successful businesses, there would be no taxes to collect. That's why the freedom of information laws always enjoin government agencies to protect trade secrets when exposed during the transaction of business between a company and  a government agency. 

Can businesses be abusive? Sure, but there are also laws that regulate businesses (and though often changing or unevenly enforced for good or ill, they do exist), anti-trust laws to prevent any one business from becoming too powerful, and the free market to check and diminish a business's power.

So there really is no comparison between a government's obligation be open and transparent and a private (or even publicly held) company's right to keep some secrets.

In a well run government, free of malfeasance and derelictions, there should be no reason for any muzzles on any staff member, from the janitor on up to every department head.

We've also heard the argument -- "well, if you want to know something, just FOIL it."

FOIL stands for Freedom of Information Law (at the Federal level it's known as the Freedom of Information Act, or FOIA). Go read the opening section of FOIL. It's a beautiful thing. It makes our case for us.

The fact is, if a government agency was operating under the principles of FOIL, living within the spirit of the legislation instead insisting on following the letter of the law, there would never, ever be any reason for a private citizen or media representative to EVER file a formal FOIL request.

A truly open government would just hand over documents with a simple verbal request.

Open governments have nothing to hide and no secrets to keep except those specifically and explicitly enjoined to it by state or federal law.

We shouldn't even need legislation such as FOIL to find out what our government is up to, but the Legislature found it necessary to stop abuses by overzealous government administrators.

But there are three primary problems with FOIL.

• A government agency has five days to respond to a FOIL request, and agencies that wish to delay release of information will take full advantage of this provision;
• FOIL requests must be written in such a way as to be very specific about the records reqeuested -- write the request too broad, and a government agency can use the lack of specificity as an excuse not to include some documents; write it too narrowly and you might miss the most important documents;
• FOIL doesn't cover human intelligence -- not everything you might want to find out about how your government is working is contained within a specific document. Some of it is only contained in the minds of the people who know what is going on. There is simply no substitute for talking with a person and asking questions.

With these liabilities, it is improper for a government agency to hide behind FOIL as a means of controlling the flow of information.

We don't think we're asking for much: We're just asking that the City of Batavia be run in an open, transparent manner so that taxpayers are well served. Until that happens, how can we trust that power isn't being abused and tax dollars are being well spent?

Libertarian blogger/columnist Megan McArdle has deep roots in Western New York.

I love western New York, which may be the most beautiful place on earth.  I love the old cities, the Victorian shells that whisper of much happier days, and the broad, rolling hills, and the broad flat accents of the people who live on them.  I love waterfalls softly falling downtown and the Buffalo City Hall.  I love the place as you can only love somewhere that your family has been living for 200 years.  I would save it if I could.

But I can't save it.  Pouring government money in has been tried . . . and tried, and tried, and tried.  It props up the local construction business, or some company, for a few more years, and then slowly drains away.  Western New York has been the lucky recipient of largesse from a generous federal government, a flush state government, and not a few self-made men with happy memories of a childhood there.  And still, it dies.

Megan's post is arguing against using taxpayer money to stave off the failure of the Big-3 automakers in Detroit.

It's sounds like, though, she is against any number of government programs to help businesses start and grow, and there's a libertarian case to be made that government props get people overly dependant on handouts, killing entrepreneurial spirit

But what I really thought about as I read her piece was how the businesses that once employed so many people in Buffalo, Rochester and Syracuse, as well as Batavia and LeRoy, didn't get their starts because Congress allocated a wad of cash to finance factories and office complexes.

These businesses got up and running because of the energy and vision of entrepreneurs -- often men, and some women, with little means, just an idea and the determination to see it become something worthwhile. They didn't look around Western New York and see obstacles or excuses. They saw opportunity.

WNY is a great place to raise a family and run a business. What's going to save it isn't government programs, but a new generation of entrepreneurs.

Batavia is doubly blessed because it already has a model for building new businesses with a track record of success -- the Harvester Center -- Joe Mancuso's sacred structure of entrepreneurship. To this day, as we reported yesterday, the Mancuso Business Development Group is already leading the way in helping new businesses get started.

I've toured the Harvest Center -- there is plenty of space available for any enterprising individual who wants to start a new business.

Also, Alice Kryzan may have lost the Congressional race, but her push for developing green industries in Western New York shouldn't be forgotten. In fact, we should encourage Alice to carry on with the effort.  She doesn't need to be an elected official to be an effective leader in bringing together business owners and bankers to help create new jobs. In fact, it would probably be preferable to promote the effort without, or very little, government assistance.

When I look at things like the Harvester Center, or parts for wind turbines being hauled down Main Street, or local farmers experimenting with alternative energy sources, or an increase in shipping on the Erie Canal -- when I see and read these things, it gives me hope for the future of Western New York.

There's no reason not to expect WNY's best days are ahead.

Notes: Though I occasionally read Megan's blog, hat tip to Buffalo Pundit for pointing out the post; Also, Megan uses a photo of the Kodak Building from Flickr credited to SailorBill.  Ironically, SailorBill is my boss. The picture at the top of this post is one I took myself two years ago.

Last night, CBS News reported (watch the video above) that contrary to promises from Congress, that $700 billion bailout for the nation's biggest banks, the bailout intended to help banks get toxic loans off their books and to kick-start new borrowing and stimulate the economy -- well, nobody really knows how the banks are using the money.

Congress, in its rush to ram this legislation through, didn't require a stitch of regulatory oversight.  And the banks obstinately told CBS: "We don't have to tell you what we're doing with that money."

Meanwhile, it's been reported elsewhere -- as CBS refers to the reports -- that some of the banks are using taxpayer money to go on buying sprees, acquiring smaller banks and making themselves bigger.

That isn't what Congress promised us would happen with our money.

Meanwhile, one of our own businesses -- Pontillo's Pizzeria -- is clearly having its own financial struggles.  The venerable Main Street eatery is more than $112,000 behind in taxes. The family is involved in a messy lawsuit. It's currently shut down, reportedly for renovations, but the signs are clearly troubling.

We don't see Henry Paulson rushing to Batavia to help out John, Paul and Sam, but his fat-cat buddies on Wall Street are doing just fine.

The situation with Pontillo's is important, and as much as some people might like to see the news of the restaurant's struggles swept under the rug, it isn't going to help Pontillo's or the community to hide from these issues.

What's going on with Pontillo's has a ripple effect throughout Genesee County -- the restaurant employed local people who spent some portion of their revenue locally, and paid rent to local landlords, and the restaurant did business in some degree with local suppliers, and all of those people are affected, too.

Clearly, the situation is heartbreaking for all the people who grew up with Pontillo's, either as former employees or loyal customers.

Some people do what to know what's going on not merely for curiosity's sake, but because they care. This situation effects more than just one family. It effects the entire community.

Which brings us back to the bailout. 

Where is the bailout for Pontillo's?  Congress talked a lot about how what happens on Wall Street effects Main Street. So far, we're not seeing the connection.

Some of these banks that received cash from Congress have branches in Genesee County. Wouldn't it be appropriate for one of those branch managers to step forward and ask the Pontillos how they can help?

We're not holding our breath, but we are wishing the Pontillos well. We do want to see them pull out of this. When Pontillo's reopens, it should be a big community event.

Efforts by the Mancuso Business Development Group to redevelop aging industrial plants and turn them into business centers for new and fledgling firms is featured in a piece in the D&C this morning.

Mancuso projects include the High Falls facility in Rochester, a 475,000-square-foot business center in Lockport, and another large development center in Geneva, as well as the Harvester Center in Batavia.

For the four local business incubators, Mancuso Development acts as the managing agent, collecting rent and paying the bills, and as leasing agent. The firm also oversees building rehabilitation work at the Lockport and Geneva sites, B. Thomas Mancuso said.

The company particularly focuses on landing small-business tenants of fewer than 10 workers, Mancuso said. And even in the current economic contraction going on nationally, he said, there is constantly demand for affordable space for businesses of that size.

Bill Kauffman's latest column for The American Conservative magazine is about the annual reading of John Gardner's works at the Pok-A-Dot, or as he spells it, the Pokadot (The Batavian may need to change its stylebook).

The piece is titled Gardening at Night (registration required for PDF version).

Our literary-culinary venue is the Pokadot, Gardner’s favorite diner, the unselfconsciously funky eatery at the epicenter of the Italian-Polish southside. (Gardner, a Welsh Presbyterian, frequently teased his people for their anti-Italian-Catholic prejudices while sharing them: a neat way to have your tortaand eat it too.)

...

Pokadot readers have included Gardner’s family and friends and people mentioned in his books, but most of us—teachers, a dairy salesman, our independent bookseller, and my wife, daughter, and I—know him only through the stories he wrote and the stories that are told about him still. (My dad, a few years behind him in school, said that Gardner was “weird.”)

A few regulars sit at the counter and sip coffee, bemused by the proceedings —maybe even edified, I like to kid myself.

Darrick Coleman covered this year's reading for The Batavian. His post and video are here.

While on the topic of Bill Kauffman, we recently found a video of a lecture he gave two years ago on Restoring American Regionalism. On the same site is a more recent lecture on Wendell Berry on War and Peace.

The first hint of  trouble came in early May, when The Batavian was but a sprout on the Genesee County media landscape.

After initially welcoming The Batavian enthusiastically, we found out that Batavia City Manager Jason Molino told city employees not to cooperate with The Batavian. We could not even get copies of City Council agendas.

We eventually overcame that specific disability, but we've had an ongoing problem with getting answers from Mr. Molino to basic questions related to city governance, and a general lack of full disclosure form the city and its staff when we've sought it.

Two weeks ago, we took our case to the Batavia City Council. The response was, shall we say, tepid.

And we're disappointed.

Here's our position: The Batavian is a legitimate news organization. We may be web-only; our approach to news may be non-traditional; we may be new to the community, but the First Amendment doesn't address any of those issues. It merely enjoins government agencies to respect press freedom.

To us, that means not merely the right to publish as we see fit, but to have free and unfettered access to the government taxpayers support.

For the past several months, we've found that while the city manager will willingly speak with the Daily News and WBTA, he has completely cut out The Batavian as a channel for information to the citizenry on his positions, policies and actions.

He also maintains an inexplicable and unusually tight reign on the tongues of other city staff members.

At first, we hoped for improvement, but with none forthcoming, we began documenting Mr. Molino's failure to respond to interview requests. We documented 13 such instances, including instances where he would later be quoted in other media on the same topic, as well as an instance where Mr. Molino had the new fire chief cancel a video interview with The Batavian.

We've kept quiet about this issue because we were hoping for a friendly resolution to the disagreement over fair access, but since the council meeting two weeks ago, we've been trying to get a lunch appointment with Mr. Molino (The Batavian will pay:  Larry's Steakhouse, any afternoon on 24 hours notice). Mr. Molino has declined the invitation.

Given his lack of willingness to fairly discuss this issue, we've decided it is time to offer readers of The Batavian full disclosure about what has been going on.

As a matter of fairness to readers of The Batavian, we believe we are obligated to keep them informed on any issue that inhibits us from fully and faithfully gathering and disseminating information of public interest. While we regret withholding information about this lack of access until now, we hope readers will understand we did so only because we were seeking to settle this issue amicably long ago, and have persisted in this effort in good faith.

The readers of The Batavian have the same rights as the subscribers of the Daily News and the listeners of WBTA to have a representative of this news organization call upon city officials, ask questions and get answers.  It's a fundamental right under the U.S. Constitution.

Clearly, not all city officials agree.

When we first launched The Batavian, we were happy to find in Mr. Molino a welcoming attitude to the expansion of Batavia's media choices. Unfortunately, only days later, he clammed up. In fact, he told all city employees not to cooperate with us in any manner, including denying us access to routine government documents, such as City Council agendas.

Upon further investigation, we learned that City Attorney George Van Nest had told city officials that The Batavian was not "official media" therefore not entitled to any communication from the city.

That was a curious statement for an attorney to make, so I called Mr. Van Nest and confirmed that he did indeed make that statement. I reminded him that under the First Amendment, there is no such thing as "official press."  After much discussion, he agreed to allow the city to release routine government documents to us and promised full and fair access.

We have not gotten it.

After our presentation to the Council two weeks ago, only one council member spoke to the topic of our speech.  The lack of interest by the Council may, frankly, have owed to the degree to which we placed the burden for lack of access on Mr. Molino.  We've since heard that some council members objected to that tone of the presentation, even those who had encouraged us to make a public plea for greater access, not just for The Batavian, but all of the local media (Mr. Molino does not allow any city staff to speak to any media).

The lone council member to speak on the topic was Bill Cox. He made the clearly contradicted statement -- he had in front of him contrary evidence at the time -- that The Batavian was receiving the same access as any other media outlet.

Since we've reached what seems to be an insurmountable impasse, we think it's only fair we bring this subject to the attention of our readers.

We're not looking for a fight.  We could, if we wanted, start posting Jason's phone number and e-mail address every time we had a question and ask readers to get the information needed; or, we could openly encourage city employees to give us anonymous tips on city business; or we could file a lawsuit. 

The first two options would only serve to cause further hard feelings, and a lawsuit, costing taxpayers money, would subvert our goal to do what is best for Batavia.

So we are left with but a third option: To just drop the issue.

We're doing quite well without the city manager's cooperation, and we imagine we will continue to do quite well whether Mr. Molino favors us with a word or two from time to time or not.

We're not here to be the "official" news source of Batavia. We're quite happy to let the Daily News carry the mantle of "paper of record."  We just think it would be nice to get questions answered when we are curious about an issue or event. If Mr. Molino is unwilling to do that, we think in the long run he is causing more harm to the city than he is to The Batavian. If we're right about that, our best course may be just to let well enough alone and trust that eventually, Mr. Molino or his successor, probably many years from now, will find it counter productive to give any media the silent treatment.

I've uploaded two related documents to our position -- a PDF of court cases that support our position, and a letter from the New York Newspaper Publishers' Association specifically encouraging the city to cooperate with The Batavian.

Of course, we continue to make improvements to The Batavian.

You may have already noticed the weather on the right side of the page.

We've also striped along the top of the page links to an About page, an Advertising page and now a Help/FAQ page.

If you scroll down the left side of the page you'll see a new menu block called "Featured Topics." This will be kind of a free-form place for us to feature topics that seem to have special interest among The Batavian readers.

As a reminder: Help wanted advertisements and classifieds and homes for sale can be posted to The Batavian for FREE -- just the primary links above for more information.