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We're testing an other poll provider.  Here's today's poll:

We're experimenting with poll software, and we have a timely poll:

I thought it was kind of odd that since creating the "Housing" section on the web site, no listings had been posted yet, but I just figured I needed to get out and talk to some real estate agents.

A little while ago while I stopped into a local real estate office and the agents there were very happy to see me -- they had been having trouble getting their listings published.

It turns out, there was a misconfiguration I couldn't see with my superuser login.  It's fixed now.

So for any agents or landlords who have tried to post listings in the past, please try again. Click here to add a listing.

WBKW broadcast a follow up report last night about a bloody t-shirt found in a Batavia church dumpster last March.

Det. Sgt. Patrick Corona of the Batavia Police department said a DNA test of the blood revealed the victim was male, and because of the style of the shirt they believe the owner was either a teen-ager or a young man.

He believes the male could now be dead or a victim of a serious assault. Police have not found a connection to any assaults or missing people in the area. They also found no connection with the state's DNA bank. But he says the National Center For Missing And Exploited Children will conduct further DNA tests to create a better profile of the potential victim.

The police are asking anybody with information about this situation are encouraged to call Batavia Police at (585) 345-6444 or confidential tips can be left at (585) 345-6370. The police can also be contacted confidential via this web form.

The web site Missing Kids has more information.

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.