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Tompkins Financial Corporation reports third quarter earnings

By Press Release

Press release:

Tompkins Financial Corporation ("Tompkins" or the "Company") reported diluted earnings per share of $1.48 for the third quarter of 2022, up 2.1% from $1.45 per share in the third quarter of 2021.  Net income for the third quarter of 2022 of $21.3 million was essentially unchanged when compared to the third quarter of 2021.   

For the year-to-date period ended September 30, 2022, diluted earnings per share was $4.53, down 4.0% from $4.72 for the same year-to-date period in 2021.  Year-to-date net income was $65.5 million for the period ended September 30, 2022, down $4.3 million, or 6.2%, from the same period in 2021.  The year-to-date net income variance was primarily attributable to the provision for credit losses, which was an expense of $1.4 million in 2022, versus a credit of $6.1 million in 2021, resulting in a pretax variance of $7.5 million. 

Tompkins President and CEO Stephen Romaine commented, "We noted several favorable trends during the third quarter of 2022.  Revenue increased for the second consecutive quarter and grew at an annualized rate of 8.3% over the second quarter of this year. Our total loans grew at an annualized rate of 3.8% during the quarter, although that growth rate is somewhat slower than the 7.8% growth we experienced in the second quarter of this year.  Our team did an excellent job supporting business in our communities with PPP loans and we are pleased that our loans outstanding under that program totaled less than $1 million as of September 30, 2022."  

SELECTED HIGHLIGHTS FOR THE PERIOD: 

  1. Total loans at September 30, 2022 were $5.2 billion, up $45.9 million over the immediate prior quarter, reflecting an annualized increase of 3.6% from June 30, 2022.   
  2. Net interest margin of 3.04% for the quarter ended September 30, 2022 was down as compared to the 3.09% for the quarter ended June 30, 2022, but increased from 2.89% for the same period in 2021. 
  3. Total deposits at September 30, 2022 were $6.9 billion and were up 2.5% compared to the second quarter of 2022, and down 2.2% from the same period of 2021. 

 

NET INTEREST INCOME 
Net interest income was $58.1 million for the third quarter of 2022, which was in line with the most recent prior quarter.  The third quarter of 2022 showed increased interest income in both the loan and security portfolios, but was slightly offset by higher funding cost on both deposits and other borrowings.  Net interest income for the third quarter of 2022 was up $2.0 million, or 3.6% from the same period in 2021. Net interest income for the current quarter included $88,000 of net deferred loan fees associated with PPP loans, down from net deferred loan fees of $873,000 for the quarter ended June 30, 2022, and $3.3 million of net deferred loan fees in the third quarter of 2021. 

For the year-to-date period ended September 30, 2022, net interest income was $173.0 million, up $7.0 million or 4.2% compared to the year-to-date period ended September 30, 2021.  For the year-to-date period in 2022, net deferred loan fees associated with PPP loans were approximately $3.0 million, down from $8.0 million in the same period of 2021.   

Average loans for the quarter ended September 30, 2022 increased $70.0 million or 1.4%, compared to the same period in 2021.  The increase in average loans as compared to the same period prior year was mainly in commercial and residential real estate loans, which were up 7.6%, and 5.9%, respectively.  Commercial and industrial loans were down 21.1%, mainly driven by lower PPP loan balances.  Interest earning asset yields for the quarter ended September 30, 2022 were up 9 basis points from the second quarter of 2022 and up 17 basis points compared to the same period in 2021.   

Average total deposits for the third quarter of 2022 were down $137.4 million, or 2.0% compared to the same period in 2021.  Average noninterest bearing deposits for the quarter ended September 30, 2022 were up $84.7 million or 3.9% compared to the quarter ended September 30, 2021.  For the third quarter of 2022, the average rate paid on interest-bearing deposits of 0.36% was up 18 basis points from the second quarter of 2022, and 14 basis points from the same period in 2021.  The total cost of interest-bearing liabilities of 0.45% for the third quarter of 2022 represented an increase of 23 basis points over the second quarter of 2022, and an increase of 6 basis points versus the same period in 2021.   

 NONINTEREST INCOME 
Noninterest income of $20.7 million for the third quarter of 2022 and $59.6 million for the year-to-date period were both in-line with the same periods in 2021.  For the third quarter of 2022, total service-related fee categories were up $665,000 or 3.5% over the same quarter prior year, mainly driven by growth in  insurance commissions and fees, and service charges on deposit accounts, which were partially offset by lower wealth management fees. The decline in wealth management fees is mainly a result of market conditions. Other income was down from the same quarter last year, mainly due to lower earnings on bank-owned life insurance, which was down $603,000 compared to the same quarter in 2021, as certain separate account policies were unfavorably impacted by decreases in the market value of the underlying assets.  

NONINTEREST EXPENSE 
Noninterest expense was $49.6 million for the third quarter of 2022, down $578,000 or 1.2% from the third quarter of 2021.  For the year-to-date period, noninterest expense of $145.6 million was up $3.4 million or 2.4% from the same period in 2021.  Growth in noninterest expense for the year-to-date period was primarily driven by increases in salary and wage expense and other noninterest expense. Other noninterest expense for the three months ended and year-to-date period ended September 30, 2022, included nonrecurring expenses of $196,000 and $1.2 million, respectively, related to the consolidation and rebranding of the Company's four banking charters.  

INCOME TAX EXPENSE 
The Company's effective tax rate was 24.1% for the third quarter of 2022, compared to 23.7% for the same period in 2021.  The effective tax rate for the nine months ended September 30, 2022 was 23.4%, compared to 22.1% reported for the same period in 2021.   

The increase in the effective tax rate for the three and nine months ended September 30, 2022, over the same periods in 2021, is largely due to the anticipated loss of certain New York State tax benefits.  The Company's banking subsidiary has an investment in a real estate investment trust that provides certain benefits on its New York State tax return for qualifying entities.  A condition to claim the benefit is that the consolidated company has qualified average assets of no more than $8.0 billion for the taxable year.  The Company expects average assets to exceed the $8.0 billion threshold for the 2022 tax year.  As of September 30, 2022, the Company's consolidated average assets were slightly over the $8.0 billion threshold, as defined by New York State law.  The Company will continue to monitor the consolidated average assets during 2022 to determine future eligibility. 

ASSET QUALITY 
The allowance for credit losses represented 0.86% of total loans and leases at September 30, 2022, up from 0.85% at June 30, 2022 and down from 0.91% at September 30, 2021.  The allowance coverage as a percentage of  nonperforming loans and leases was 128.27% at September 30, 2022, down compared to 147.95% at June 30, 2022 and improved from the 76.15% reported at September 30, 2021. 

The provision for credit losses for the third quarter of 2022 was an expense of $1.1 million, compared to a credit of $1.2 million for the same period in 2021.  Provision for credit losses for the nine months ended September 30, 2022 was an expense of  $1.4 million, compared to a credit of $6.1 million for the same period in 2021.  The increase in provision for credit losses for both the three and nine month periods is mainly driven by current economic forecasts coupled with loan growth. 

Nonperforming assets represented 0.45% as of September 30, 2022, up from 0.40% at December 31, 2021, and down compared to 0.75% at September 30, 2021.  At September 30, 2022, nonperforming loans and leases totaled $34.9 million, compared to $31.2 million at December 31, 2021, and $60.7 million at September 30, 2021.   

Special Mention and Substandard loans and leases totaled $106.7 million at September 30, 2022, reflecting improvement from $137.6 million at December 31, 2021, and $115.0 million at June 30, 2022.  The decrease in Special Mention and Substandard loans, compared to the most recent prior quarter, was mainly due to improved asset quality in the hospitality industry as occupancy rates continue to increase. 

The Company funded a total of 5,140 applications for PPP loans totaling $694.1 million in 2020 and 2021. As of September 30, 2022, there were fourteen outstanding PPP loans totaling approximately $875,000.  Total net deferred fees on the remaining balance of PPP loans amounted to $18,000 at September 30, 2022.

CAPITAL POSITION
Capital ratios at September 30, 2022 remained well above the regulatory minimums for well-capitalized institutions. The ratio of Total Capital to Risk-Weighted Assets was 14.26% at September 30, 2022, compared to 14.23% at December 31, 2021, and 14.21% at September 30, 2021. The ratio of Tier 1 capital to average assets was 9.14% at September 30, 2022, compared to 8.72% at December 31, 2021, and 8.54% at September 30, 2021.  

During the third quarter of 2022, the Company repurchased 18,182 common shares at an aggregate cost of $1.3 million. These shares were purchased under the Company's Stock Repurchase Program announced in the third quarter of 2021. For the nine month period ended September 30, 2022, the Company repurchased 197,979 common shares at an aggregate cost of $15.4 million.   

ABOUT TOMPKINS FINANCIAL CORPORATION
Tompkins Financial Corporation is a banking and financial services company serving the Central, Western, and Hudson Valley regions of New York and the Southeastern region of Pennsylvania.  Headquartered in Ithaca, NY, Tompkins Financial is parent to Tompkins Community Bank and Tompkins Insurance Agencies, Inc., and offers wealth management services through Tompkins Financial Advisors. For more information on Tompkins Financial, visit www.tompkinsfinancial.com

"Safe Harbor" Statement under the Private Securities Litigation Reform Act of 1995: 
This press release contains “forward-looking statements” within the meaning of the Private Securities Litigation Reform Act of 1995. Forward-looking statements are neither historical facts nor assurances of future performance. Forward-looking statements may be identified by use of such words as "may", "will", "estimate", "intend", "continue", "believe", "expect", "plan", or "anticipate", and other similar words. Forward-looking statements are made based on management’s expectations and beliefs concerning future events impacting the Company and are subject to certain uncertainties and factors relating to the Company’s operations and economic environment, all of which are difficult to predict and many of which are beyond the control of the Company, that could cause actual results of the Company to differ materially from those expressed and/or implied by forward-looking statements. The following factors, in addition to those listed as Risk Factors in Item 1A of our Annual Reports on Form 10-K and our Quarterly Reports on Form 10-Q as filed with the Securities and Exchange Commission, are among those that could cause actual results to differ materially from the forward-looking statements; changes in general economic, market and regulatory conditions; estimated GDP growth and inflation trends; the ongoing dynamic nature of the COVID-19 pandemic and its impact; the impact of the interest rate and inflationary environment on the Company's business, financial condition and results of operations; other income or cash flow anticipated from the Company’s operations, investment and/or lending activities; changes in laws and regulations affecting banks, bank holding companies and/or financial holding companies, such as SEC rule making, The Dodd-Frank Act, Basel III, and state and local government mandates; technological developments and changes; the ability to continue to introduce competitive new products and services on a timely, cost-effective basis; governmental and public policy changes, including environmental regulation; reliance on large customers; uncertainties arising from national and global events such as the war in the Ukraine, including the potential impact of widespread protests, civil unrest, and political uncertainty on the economy and the financial services industry; and financial resources in the amounts, at the times and on the terms required to support the Company’s future businesses. The Company does not undertake any obligation to update its forward-looking statements. 

Tompkins Insurance designated a 'Best Practices' agency for fourth consecutive year

By Press Release

Press release:

Tompkins Insurance Agencies has once again been designated a “Best Practices” Agency, recognizing it as part of an elite group of independent insurance agencies across the United States. The Independent Insurance Agents & Brokers of America (IIABA or the Big “I”) has included the Batavia-based agency in its “Best Practices” group for the fourth consecutive year. After a full review of its financial stability and operational excellence, Tompkins Insurance was one of the 282 agencies to qualify, chosen from more than 2,600 independent agencies nationwide.   

The Big “I” and Reagan Consulting of Atlanta, Ga., have collaborated since 1993 to conduct this annual study of industry-leading independent insurance agencies. The study focuses on business practices, including revenue growth and profitability, financial stability, expense management, and sales and operations productivity.  

“To be named a ‘Best Practices’ agency for the fourth year running is an honor we don’t take lightly,” said David S. Boyce, president and CEO of Tompkins Insurance. “It proves, for us, that our mission to offer local, personalized and independent services for clients in communities within Western New York, Central New York and Southeastern Pennsylvania is working. And we aim to continue serving businesses within these communities at a high level for years to come.” 

This recognition comes on the heels of Tompkins Insurance being ranked again this Fall among the Top 100 commercial insurance agencies in the U.S., by both Business Insurance and Insurance Journal

Vivify celebrates one year in business this month

By Howard B. Owens

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Vivify Hydration Lounge & Medispa is celebrating its first year in business this month and besides the balloon display, created by Balloons by Sherri, Vivify is holding an open house on Nov. 17 from 6 to 8 p.m. with raffles, demos, and promotions.

Vivify is located at 413 E Main St, Batavia.  

Call (585) 449-9258 by Nov. 12 to RSVP for the open house.

Previously:

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Turnbull Heating retains same services, staff and philosophy with new ownership

By Joanne Beck

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Jake Koch’s family has been involved in the heating and cooling business for decades.

With experience that dates back to when the cold was literally delivered to homes, Koch feels confident now as the new president and owner of Turnbull Heating and Air Conditioning in Batavia.

“I’ve been in the industry ever since I was a kid. I'm the fifth generation in my family to be involved in the industry. My great-grandfather and great-great-grandfather ran an ice delivery business; they were salesmen. My dad and my uncle ran a refrigeration company and my family has been involved in it for a while,” Koch said during an interview Friday. “So we purchased the company and the building, and the goal is to keep everything the same and grow it.”

Koch, a resident of Hilton, has owned Triton Mechanical in Monroe County with his father Jeff and friend Kevin O’Connell for more than six years. The company originated organically, he said, and the team — which also includes mom Wendy — has worked to make it a successful heating, ventilation and air conditioning operation, he said.

“I wouldn't change a thing. Everybody said that you shouldn't go into business with family or friends. And we we've made it work, and it's fantastic,” he said. “We have great conversations and mom and dad are great. And Kevin is fantastic. Kevin is really, he's a strong leader, and I don't know, it's just perfect.”

He met former Turnbull owner Bill Hayes a couple of years ago, and was introduced to the company at 50 Franklin St., Batavia, more thoroughly after Hayes decided to put it up for sale. One selling point was that Koch wanted to become as fully involved with the community as Hayes has been, the new owner said.

“And when we met Bill, we looked at the company and the team and reputation and just decided (they wanted to purchase it), and he decided also, because he was looking at other folks to buy the company,” Koch said. “And we both agreed that this would be the right move to allow him to stay on and continue the vision of the company.

“We’ve been given a chance to grow a company on a very strong foundation and partner with someone who cares … someone like Bill who cares a lot about the community and family and team the way that we do,” Koch said. “We have similar visions as business owners and similar values as family.”

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With its founding in 1966, Turnbull already has a solid track record, and Koch and his leadership team have no plans to change what’s working. The staff of 31 and current services will remain, and the only shift may be additional growth of the residential and commercial offerings, he said.

Triton will retain its name, but the company has been merged with Turnbull, as evident on the new website. Hayes will remain as project manager/designer and consultant for at least a year, per the contract, he said. 

He can’t help but see how fate played a role in this new professional relationship, as Hayes bought Turnbull Heating from Roy Turnbull after a chance meeting at Grand Cayman Island, and now Koch and his team have purchased it from Hayes. In each scenario, the owner was eyeing retirement with a goal to find the right people to take over.

For Hayes, it was a former employee — Pat Roberts, a student who worked for three summers while attending college — who helped to broker the deal via an introduction of Hayes and Koch.

“I am truly blessed to find these guys and the guy that brought us together,” Hayes said. “This guy was a mentor between two companies; he was watching out for my welfare and for Triton’s welfare.”

What inspired Hayes to seek retirement now? It’s quite simple, he says: seven grandsons, all under the age of 10. While Hayes can remember chats he had with his own grandfather, he wants to be that older and wiser mentor for his two daughters’ children. He also feels that he found the right professional team to take over.

“They come with a strong service background. And the fact that they had the same mission as I do, which is taking care of the customer at all costs. If there's any concerns, they can lean on me, and the customers can still call me,” Hayes said. “The bonus is the fact that they'll listen to what I have to say, because a lot of times, that usually doesn't happen, but we really have come together now. It’s working like a dream.”

The deal was signed June 1, and as for business, it has been “phenomenal,” Hayes said, surpassing anything in his 30 years of owning the company. Ringing phones has meant hiring two additional staff members to answer calls and set up appointments, he said.

He attributes it at least in part to the merger and reputations and territories of each. Turnbull reaches beyond Genesee County, into Orleans and Wyoming, and expanding into Erie and Niagara counties, while Triton is in Ontario, Monroe and Oneida counties.

“You have two powerful service companies come together, and on the other end of two counties … it’s just going to take off,” he said. “I wanted the right person or persons to take over, I wanted the same mindset.”

Koch added that Hayes will remain part of the business “to get us used to running the company.”

“He knows everybody around here in Batavia and Genesee County, he's very well connected, and he's gonna continue selling and designing HVAC systems and business as usual,” Koch said. “I love running the service business. I like helping other people. And I love being involved in the community. We've done that with our company from day one. And we're going to do that with Turnbull.

“Now that that's our company too, we’d like to support the community and give back to small businesses," Koch said. "It's not easy, a lot of folks have helped us along the way. And we want to give that back.”

Top Photo of Jake Koch; Jeff Koch, Bill Hayes, Kevin O'Connell and Jake Koch at the newly merged business site in Batavia. Not pictured is former Turnbull Vice President JoAnn Hayes, who has been "my rock" for husband Bill, he says. Photos courtesy of Jake Koch.

Ascension Outpost now at second location in Batavia

By Joanne Beck

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Kristopher Kelly and staff celebrated the opening of the second Ascension Outpost location this week at 12 Center St., Batavia.

The shop offers several services, including psychic readings, reiki healings, integrated energy therapy, past life readings, Shamanic healings and an emotional code work/subconscious reprogramming through Theta reprogramming.

Kelly is a certified Reiki Master, IET attuned and certified, a ThetaHealing practitioner, a certified reverend and a psychic medium who now owns two metaphysical stores, one each in Batavia and Attica.

He offers readings, healings and classes, with a focus to teach others how to “develop their intuition, heal and connect with the other side.”

Kelly started developing his skills and became Reiki attuned two months after getting clean, he says. He has healed his body from a traumatic accident and overcome mental illness, and it is his mission to make this form of healing available to those in need.

Hours at the Batavia site, located in Glass Roots, are noon to 6 p.m. Thursday through Sunday. He encourages folks to feel free to stop by and chat or ask questions about the services offered.

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Top Photo of  Megan Dysinger, Kristopher Kelly, Sierra Browne and Betsy Marshall celebrating the opening of Ascension Outpost at 12 Center St., Batavia. Photos above are various items available for purchase at the shop, including jewelry and crystals. Photos courtesy of Katy Hobbs.

Cornell offers 'Hands-On Feeder' dairy training

By Press Release

Press release:

Cornell Cooperative Extension’s (CCE) Northwest NY Dairy, Livestock and Field Crops Team (NWNY Team) is hosting “Hands-On Feeder School Training” for area dairy producers and employees who feed cows with a total mixed ration. Feed costs, which include the cost to produce home-grown feeds and the cost of purchased feed, are the largest expense on a dairy farm. Carrying out an accurate and consistent mix of feed is critical to achieving high production and healthy cows.  This training will be held from 10:00 a.m. to 3:00 p.m. and will be offered at two different locations. November 10 at Old Acres Farm in Perry, NY and on November 11 at Bonna Terra Farm in West Bloomfield, NY. Register online at: https://nwnyteam.cce.cornell.edu/events.php or call Brandie Waite at 585-343-3040 ext. 138.

The program features experts in the field of dairy nutrition and will include several hands-on learning stations. Topics will include how to conduct a TMR audit, mixer wagon troubleshooting, feeder safety and bunker silo management. The training will be offered in English and Spanish at each site.

Registration is required by November 7, 2022. Cost is $50 per person and includes lunch and all materials. Register at the link above.  Contact Margaret Quaassdorff for more information by email at maq27@cornell.edu or call 585-405-2567.

It takes a community to build a business, Brian Kemp says at 25th Anniversary of T-Shirts Etc.

By Howard B. Owens

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At 10 years old, throwing a baseball against the wall of a brick building, Brian Kemp never imagined he would someday own a 25-year-old business making custom T-shirts and that he would also own that building on Center Street, as well.

It's all very humbling, said Kemp, a Batavia HS graduate who spent much of his youth living in a house on School Street with a backyard that abuts the building that now houses T-Shirts Etc.

"To think like, I'm probably driving the people inside the building crazy," Kemp said during a 25th Anniversary celebration for T-Shirts Etc. on Thursday evening. "I'm not thinking of it as a kid like that but now if somebody started throwing a ball against my wall, I might say, 'Hey, what's going on?' you know. But I would have a little empathy for him because I did it, too."

Kemp and a partner, with the help of his girlfriend at the time, started T-Shirts Etc on the third floor of the Harvester Center three years after Kemp graduated from high school.  Soon they moved into a larger space on the first floor, then to the former WBTA building at Harvester and East Main, then to the former Newberry's building (now Eli Fish) on Main Street, and finally to his current location at 37 Center St.

A lot of people -- a whole community, really -- he said, helped him reach this milestone.  He gave credit to his former partner John, his former girlfriend, Heather, and to his ex-wife, Beth Kemp.

"Beth and I were married for seven or eight years," Kemp said. "We're not married anymore but it was a great time that helped me turn the business into where we are today. We moved the company three times, so she was a very integral part of the business."

Kemp also said he couldn't sustain any success without his employees.

"I have a great crew that has weathered the storm of the last few years," he said. "My current crew consists of my son Parker who runs the print production department, Melissa Flint, who runs the embroidery, shipping, and receiving departments and lastly, Mikah Burdic who is currently working as a production assistant.  I am truly honored to work daily with my crew that puts in the work on a daily basis, producing quality products for our customers.  I come here to the shop, hang out and make stuff, and these people make it enjoyable."

His younger sons, Myloh, 10, and Aslan, are also helping out in the shop these days, he said.

He noted that a lot of his customers were at the celebration.  

"All these relationships with our business are personal and have all impacted on my life," Kemp said. "I've got these great boys and this amazing business that we call home here in Batavia. We got our own little piece of Batavia. It's been fantastic."

Photos by Howard Owens.  Top photo, Kemp, left, with Tom Turnbull, Chamber of Commerce interim president.

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For your convenience, new shop open on West Main Street, Batavia

By Joanne Beck

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Walk inside F&M Convenience and take a 360-degree tour of the multitude of items lining the walls, inside of display cases and on both sides of a freestanding shelving unit.

There are items from A — apple juice — to Z — Zippo lighters. And in between, there are assorted beverages of water, juices, sports and coffee drinks, pop, milk and beer; various foods from chips and snack cakes to cereal and ice cream; sunglasses; sports jerseys and hats; backpacks; gum; cigarettes, grinders, wraps and baggies; and the endurance supplement Kratom. And that’s just to name some of the large inventory of items selected by Manager Ali Mohammed.

“We wanted to have a convenience store here,” he said at the site on the triangular patch of property across from Top’s friendly markets at 4169 West Main St. Road, Batavia.

It’s hard to miss the big grand opening sign draped in front of the building, and Mohammed hopes that customers will visit and check out what’s inside. The store is brightly lit with a backdrop of colorful goods available for purchase. There is also an ATM and lottery tickets available, he said.

He has already had two grand opening barbecues and is planning a third one this weekend. It’s set to begin with grilled sausage and burgers at 3 p.m. Sunday.

The store is open 9 a.m. to 9 p.m. Monday through Saturday and 9 a.m. to 8 p.m. Sunday. Mohammed is looking to hire one more staff member with at least two years of experience and is 21 or older. For more information, call 585-250-4155.

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Lack of kitchen staff forces Sweet Betty's in Le Roy to close

By Howard B. Owens

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Many businesses have found it hard recently to staff their operations, and now one restaurant's inability to find a cook has forced it to close its doors.

Sweet Betty's owner Gabrielle (Gabby) Keister said her restaurant is closing because of kitchen staffing issues.

"We’ve been looking for a cook for over a year, part-time or full-time," Keister said. "We are done trying to beg people to work."

Restaurants across the nation have been struggling with staffing since the shutdown at the start of the pandemic. The National Restaurant Association estimates nearly a million workers have left the industry.

The Department of Labor has not yet released September's unemployment rate, but in August it was 3.0 percent in Genesee County with only 900 people considered unemployed.  

Genesee County's unemployment rate has remained below 4.0 percent since September 2021.

Sweet Betty's opened in 2020 at 15 Main St., Le Roy, during the pandemic.

In a social media post, Keister said, "Who would have thought we’d make it through, and so successfully? It was because of your (customers) continuous patronage that this was possible."

For those who have gift certificates, she said, customers can stop by on Friday from 4 to 6 p.m. with gift cards for a refund or to buy hard ice cream -- 25 flavors to choose from.

She said Sweet Betty's will participate in the Winterfest on Dec. 3.

"We will have Santa and Mrs. Claus and the second annual “Maddie Master’s Pay it Forward” one-mile walk, as well as luminaries and a walk to the tree-lighting.

"Thank you for making the past two years a lot of fun," she told customers. "We will always remember all who supported us during our venture!"

Previously: From burgers to cheesecake, new Le Roy restaurant is a sweet addition

Photo: File photo by Howard Owens of Gabby Keister, her husband Scott Keister, and their son Scott (on left).

Oxbo to offer tours Friday in Byron

By Press Release

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Press Release

Oxbo is celebrating MFG Day! As a global manufacturer of specialty harvesting and controlled application equipment, Oxbo has three manufacturing facilities in the United States: Byron, NY; Clear Lake, WI; and Lynden, WA. Oxbo also manufactures equipment Roosendaal, Netherlands, Fakenham, United Kingdom and Bournezeau, France. Oxbo products are used in more than 40 countries globally.

Oxbo provides diverse manufacturing career opportunities and employs welders, fabricators, machinists, material handlers, and assemblers. Oxbo provides on-the-job training and the unique opportunity to serve several essential agricultural businesses.

“We are proud to manufacture agricultural equipment in our US factories and to provide career opportunities in our local communities,” said Joe Perzia, Oxbo’s Chief Operating Officer. “We support the goals of MFG Day and are excited to showcase what modern manufacturing looks like at our facilities.”

As part of MFG Day, Oxbo is hosting facility tours in Byron, New York and Lynden, Washington on October 7, 2022, between 9am and noon. Students, career applicants, and community members are invited to see the full process in two of Oxbo’s US factories to better understand the role manufacturing plays in agriculture and the local community. Schedule a tour by visiting the MFG Day website or get a feel for Oxbo’s business by watching our segment on the show "Manufacturing Marvels."

GCEDC board to consider assistance for $12 million renovation of former hotel and indoor water park

By Press Release

Press release:

The Genesee County Economic Development Center (GCEDC) board will consider an initial resolution for a proposed $12 million investment by 8250 Park Road, LLC for extensive renovations to the former Quality Inn & Suites and Palm Island Indoor Water Park in the town of Batavia at its board meeting on Thursday, October 6, 2022.

8250 Park Road, LLC would renovate the four-season tourism and hospitality facility’s water park, hotel rooms, lobby, event spaces, water park, and restaurant.  The re-development proposes to create 38 new full-time jobs. The project is estimated to generate $32 of economic activity for every $1 of local public benefits.

8250 Park Road, LLC is requesting sales tax exemptions estimated at $458,400, a property tax abatement of approximately $659,521, and a mortgage tax exemption estimated at $80,000.

If accepted, a public hearing for the initial application would be scheduled in the town of Batavia.

The Oct. 6 GCEDC Board meeting will be held at 4 p.m. at the MedTech Center’s Innovation Zone, 99 MedTech Drive across the street from Genesee Community College.  On-demand recording of the meeting also will be available at www.gcedc.com.

Labor commissioner supports reducing overtime threshold for farm workers

By Press Release

Press release:

New York State Department of Labor (NYSDOL) Commissioner Roberta Reardon today issued an order accepting the recommendation of the Farm Laborers Wage Board to lower the current 60-hour threshold for overtime pay to 40 hours per week by January 1, 2032, allowing 10 years to phase in the new threshold. The Board included its recommendation in a report that the Board voted to advance to the Commissioner during its final meeting on September 6, 2022, following a two-year process and 14 public meetings and hearings. Following a rulemaking process to enact the Commissioner's Order, farm work in excess of 40 hours per week would be required to be compensated at overtime rates, as it is in other occupations.

“I thank the Farm Laborers Wage Board and all New Yorkers who provided insight and input during this inclusive process,” said New York State Department of Labor Commissioner Roberta Reardon. “I come from a farm community myself, so I know how important the agricultural sector is to the New York State economy. Based on the findings, I feel the Farm Laborers Wage Board’s recommendations are the best path forward to ensure equity for farm workers and success for agricultural businesses.”

Beginning in 2020, the Board held public hearings to gather testimony from farm owners, workers, advocacy groups, and academic researchers. Recordings of these hearings and additional materials are available on the NYSDOL’s Farm Laborers Wage Board webpage. The report released on September 6 documents and summarizes the Board’s process and its findings. The Board was convened pursuant to the Farm Laborers Fair Labor Practices Act passed by the New York State Legislature and signed by the Governor in 2019.

The Board’s report recommended that the reduction in overtime hours take place by reducing the overtime work limit by 4 hours every other year beginning in 2024 until reaching 40 hours in 2032, giving agriculture businesses proper time to adjust.

During the course of the Board's deliberations in 2022, the Governor and Legislature enacted three new tax credits to assist farm employers in transitioning to a lower overtime standard.  

  • The Investment Tax Credit was increased from 4 percent to 20 percent for farm businesses, providing an encouragement for potential automation of farm production.
  • The Farm Workforce Retention Tax Credit was increased to $1,200 per employee to provide near-term relief to farmers.
  • Most importantly, a new refundable overtime tax credit was established for overtime hours paid by farm employers at the level established by the Board and confirmed by the Commissioner up to 60 hours.

The Board noted that these actions by the Governor and Legislature were supportive of food production and provided a means for farms to transition to a lower overtime standard.

NYSDOL will now be undergoing a rule-making process which will include a 60-day public comment period.  Further details about the rulemaking process will be posted on the NYSDOL’s Farm Laborers Wage Board webpage.

More information on the Farm Laborers Wage Board process and next steps can be found on NYSDOL’s Farm Laborers Wage Board webpage.

Video: Business Spotlight: Game of Throws

By Howard B. Owens
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About a year and a half ago, Game of Throws opened in the Harvester Center on Harvester Avenue, Batavia, and to celebrate, owners Eric and Sarah Jones hosted the Chamber of Commerce for a Business After Hours.

The event was more than a month ago and The Batavian was there to make a video, but there were technical difficulties with the interview.  Then it took some weeks to arrange schedules to reshoot the interview.  Finally, here's the video.

For more information about Game of Throws, click HERE.

Tompkins recognized as one of largest insurance brokers in nation

By Press Release

Press release:

Solidifying its position as an industry leader, and for the 9th consecutive year, industry publication Business Insurance has named Tompkins Insurance Agencies one of the Top 100 largest insurance brokers in the United States. The July 2022 issue of the magazine ranks Tompkins at 79th largest in the country, signaling yet another banner year among the largest insurance brokers nationwide. The firm’s parent company, Tompkins Financial Corporation, was further recognized by Business Insurance as one of the Top 20 bank-held insurance brokerages by fee income, coming in at number 16 in the prestigious ranking. 

“We are thrilled to be recognized yet again as one of the largest insurance brokers in the U.S.,” said David S. Boyce, president and CEO of Tompkins Insurance. “However, it’s not just about numbers, but about relationships. For nearly 150 years, we’ve just as proudly offered local and personalized service to clients in our own backyards in Western New York, Central New York and Southeastern Pennsylvania. We look forward to continuing to serve businesses in our communities for years to come.” 

Business Insurance breaks down brokers by size in revenue, based on the 2021 calendar year. The ranking allows clients to evaluate their broker partners, enables individual brokers to benchmark themselves against their peers and market leaders, and helps to form trends for customers’ risk management and employee benefits challenges and service needs. 

In addition to providing commercial insurance programs for businesses throughout New York and Pennsylvania, the agency also serves more than 36,000 personal insurance and employee benefits clients. Tompkins Insurance Agencies operates 16 offices in Western New York, six offices in Central New York and six offices in Southeast Pennsylvania. It is an independent insurance agency offering personal and business insurance and employee benefits services through more than 50 different companies. A part of Tompkins Financial Corporation, (trading as TMP on the NYSE - MKT), the agency is affiliated with Tompkins Community Bank and Tompkins Financial Advisors, both operating in Western New York, Central New York, Southeast Pennsylvania and New York’s Hudson Valley.  

Future convenience store planned for Town of Batavia

By Joanne Beck

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If you have driven past the former Clor’s building on West Main Street Road and thought you saw a sign that later disappeared, you’re not seeing things.

A sign for F&M Convenience store was briefly put on the front of 4169 West Main Street Rd. in the town of Batavia. The site, which sits on a triangular piece of property between Top’s Friendly Markets and Valu Plaza, has been leased, Town Building Inspector Daniel Lang said.

Unfortunately, Ali Musa, the renter, has not taken his business through the proper channels of the town planning board yet, Lang said. His business is set to go before the Town Planning Board next week. Meanwhile, the process has been explained to the new occupant at least a few times, Lang said, yet Musa put the sign up, then took it down as directed, followed by putting up blue and white lights around the front windows. Those have also been taken down.

Property owner Benderson Development is leasing the 1,737-square-foot building to Musa after an 18-month gap in occupants. Musa has also been stocking the future store, although some of his products may not pass town code, Lang said.

Cannabis sales are legal in the city, but not in the town, which vetoed an option for cannabis dispensaries. Apparently, Musa intends to sell related products at the convenience store.

A representative of Benderson Development was unable to provide any details about the renter's plans.

The site was built in 2004 and has served to house several various operations, most notably Clor’s Meat Market, which moved there in 2009. Longtime owner Chuck Gugel sold the business to Kathleen (Kate) Gonzalez in 2013, who closed it by the end of that year.

Other former occupants have been Pizza Joe’s and Georgie Porgies.

Photo: After an 18-month vacancy, the building at 4169 Main Street Rd., Batavia, has been leased for use as a convenience store, but has not been through the Town Planning Board process yet. Photo by Howard Owens.

At 90, Oliver's Candies remains a 'sweet business' that continues to expand

By Howard B. Owens

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Joe Oliver in 1939

If not for the Great Depression, Joseph Boyd Oliver may never have left his home in Pennsylvania for Rochester, and then wander into Batavia looking for work and finding instead an opportunity in the small town. 

The opportunity: Turn a family tradition of making blanched peanuts into a business.

To blanch a peanut, you start with raw peanuts -- which Oliver obtained in Buffalo -- boil them in water for three minutes, then dip them in cold water before removing the red skin.  It's time-consuming, tedious work.

Batavians really went for the stark white peanuts, and Joseph and Edna Oliver found that they had started a real business with growth potential. So they looked for other ways to please the locals' unabated craving for snacks, adding peanut clusters to their repertoire and making their concoctions in their Montclair Avenue home.

"No, I had never made any candy before," Oliver said in a 1939 interview. "I learned it all the hard way. There were so many headaches with it, I couldn't begin to tell you what they were.  We just kept going, trying until we got what we wanted."

Blanched peanuts and peanut clusters were the beginning of Oliver's Candies, now in its 90th year. Oliver's will be having a birthday celebration Saturday at the store at 211 West Main St., Batavia.

Joe and Edna moved their business to that location in 1937, renting a house from Sheriff Forest Brown. They sold candy in the parlor and lived upstairs. Eventually, they bought the house and expanded the business until it took over the entire residence.

By the 1950s, Oliver's was selling candy in all 48 states.

Harold Oskamp acquired the business in 1960.  In 1977, he sold it to Dick Call, Bob Call, and Alvin Scroger, then owners of Genesee Farms. 

That ownership group sold Oliver's in 1998 to John Quincey, father of Jeremy Liles, the current owner.

When his parents asked Liles, whose background was in digital publishing, to get involved in the business, how could he say no? Of course, he couldn't.

"I mean, it's candy, it's retail, it's sweet business, really, you have no better words to pick there," Liles said.

Oliver's still makes candy the way Joe Oliver insisted it be made, Liles said -- real ingredients, the original recipes, no cutting corners, and as a result, the business has continued to grow.

Online ordering has given Oliver's a global reach. Liles has been able to expand the wholesale business since opening a plant in Elba, and that northern location also gives Oliver's a second storefront in the county.

It's no wonder that a business born in the Depression has weathered all kinds of economic storms, a world war, and even a pandemic.

"We're doing just fine. It's not like you don't have the generic brands of candy out there, Walmart, Tops, whatever. People's tastes have honed down. People want specialty coffees. They want specialty desserts. People are going to different places looking for these things," Liles said. "I think that's what's helping us tremendously because we are a specialty. We provide unique flavors. We make it fresh. It's made with butter and cream. We're not adding preservatives. It's not being shipped off to some warehouse and then sitting on a shelf forever. It comes from Elba, our factory six minutes up the road, and it's on our shelf ready for the customer."

One of the secrets of the success of Oliver's is employee loyalty.  From the time of Joe and Edna, employees have tended to stay with the company not just for years, but for decades. 

Bill Betteridge started with the business in its early days and made candy for 52 years. Ronald Drock, one of the former master candy makers, worked for Oliver's from the 1950s into the 1990s. The current master candy maker, Doug Pastecki, has been with Oliver's for 26 years.

In the top photo are long-time employees:

  • Diana Cutitta (started 1983) - store associate/cashier
  • Doug Pastecki (started 1995) - master candymaker
  • Anna Liles (started 1999) - giftware associate
  • Jeremy Liles (started 2001) - owner
  • Julie Heale (started 2002) - packing line worker
  • Mary Graham (started 2004) - enrober line worker
  • Megan Palone (started 2006) - general manager
  • Alec Frick (started 2014) - assistant candymaker

Not pictured is Beth Diegelman, hand dipper/decorator who started in1980).

"I guess, for the most part, my family, the families before us, we try to take care of the people who work for us. We're all a family. We try to treat everybody as a family. We're not a big corporate-backed store. We're just a locally owned business and, like anybody else, trying to survive each day," Liles said. "We had some great years of growth and we tried to take care of our employees during those times, and in turn, our employees take care of the business during tougher times, so it really becomes a complete family. Obviously, I couldn't do any of this without them. They are the backbone of this business."

Liles said he's proud to be at the helm of Oliver's as it marks 90 years in business, both for the stability such longevity represents, and the strength of the company to adapt to changing times.

"I love doing this," Liles said. "It's exciting. It doesn't get boring. That's the cool part about it. There are always changes and obviously, in the environment around us, there are changes. Social media, for example, has really been a change. You have gotta be so careful with it. It can help you or it can tear you apart. But that's where, if we keep striving for customer service, then the reviews online will stay five stars, and that's the way we want it to be. I mean, it's all about quality products and quality service. That's why I don't want to outgrow our britches, per se. We need to keep it real."

Eli Fish makes room for a little soul

By Joanne Beck

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Myrin and Dannielle Lumpkin are excited, to say the least.

The Batavia couple is in progress for an October ribbon-cutting of Mama Dee’z Kitchen in its new location at Eli Fish Brewing Company.

“It’s happening,” Dannielle said. “October 1st.”

In August, the Lumpkins shared with The Batavian at the Italian Fest that their hopes were on the possibility of moving into the downtown restaurant and brewery. 

At a more recent event, they informally disclosed that it’s coming true, and Eli Fish co-owner Matt Gray confirmed the news this week. Papers have been signed, he said.

The former catering company will now be serving dine-in meals and takeouts, plus be available through Grub Hub, Dannielle said.

She has also posted the news online: “what a blessing,” she said.

The Eli Fish site at 109 Main St., Batavia, has housed prior catering and restaurant set-ups as an incubator style: starting small and learning the ropes before expanding into bigger solo establishments.

Eden Cafe & Bakeshop was the last occupant at Eli, and it moved over to Ellicott Street a few months ago as a successful vegan eatery.

Mama Dee’z specializes in homemade sauces and features soul food and Caribbean flavors, barbecues, chicken wings and a slew of spicy jerk and saucy glazed meats and fish.

For more information about Mama Dee'z, click HERE.

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Top File Photo: Dannielle Lumpkin serves up some rasta pasta during this year's Italian Festival downtown. Photo by Joanne Beck. Above, she stands in front of her new work space at Eli Fish on Main Street, Batavia. Photo from the Mama Dee'z online site.

Hunt Real Estate opens new Downtown office with ribbon-cutting and mixer

By Howard B. Owens

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Genesee County is growing and Peter F. Hunt, CEO of Hunt Real Estate, wants his company to capitalize on that growth.

"We began some investigation in the marketplace and realized that it's a good place to be," Hunt told The Batavian following a ribbon cutting for his firm's new office at Main and Jackson in the heart of Batavia. "I was quite impressed with the local chamber, the industrial development agency, people who really have a great interest in seeing this become a better, a much better town."

Hunt purchased the former Genesee Bank Building (in recent years it has been a financial firm's office and a couple of different locally owned retail stores) and invested in a complete remodel of the interior to make it suitable for Hunt agents to have office space and meeting rooms.

"We were lucky that it was available," Hunt said. "When we found out it was available, it was, unfortunately, a long series of negotiations. We could have made it faster but we had too many people involved. Finally, when I just said, what's going on? And they said, Well, we're kind of stalled. I called Michelle (Schlossel) and I said, 'let's close it today.' I hadn't been inside and when I got inside, I realized we were going to do a lot of work in this place. But I think we made the right investment. I think it's a great location. It's a beautiful building. Great bones. And we want to make it really something special."

Previously: Real estate company to move into historic downtown Batavia property

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Ag community calls on Hochul to reject wage board's recommendation to reduce overtime threshold

By Press Release

Press release:

After today’s release of the Farm Laborers Wage Board report, members of the Grow NY Farms Coalition called on Governor Hochul and Department of Labor Commissioner Roberta Reardon to reject the report and maintain the current overtime threshold at 60 hours per week. 

Members of the Grow NY Farms Coalition stated that the report is the product of a flawed process. They explained how the report downplays important testimony and data from farm workers, farmers, and researchers from Cornell University, and it omits reference of important workforce training and workplace protections already in place – many of which are nation-leading and even stronger than what’s provided in other industries.

Statement from the Grow NY Farms Coalition:

“New Yorkers depend on the viability of local family farms. Yet, recommendations put forth by the Department of Labor in the Farm Laborers Wage Board report will put the future of farming in New York at risk. In fact, this report and its recommendations are not reflective of the significant data and research conducted by academics and industry experts, or the majority of public testimony provided throughout the public hearing process.  We urge Governor Hochul to direct Commissioner Reardon and the Department of Labor to dismiss this report and pause any decisions relating to overtime until the USDA Census of Agriculture is released in 2024, which will help inform potential changes to our state’s volatile, fragile, and necessary agriculture industry.”

New York Farm Bureau President David Fisher said, “I believe the report which was written by the Department of Labor does not reflect the data, research and scope of the full testimony that was provided. It gave added weight to the opinions of those in favor of a lower threshold and discounted the majority of the in-person and written testimony of farmers, farmworkers and agricultural experts. The facts cannot be ignored, even if the report does not give them their due consideration.”

Northeast Dairy Producers Association Vice Chair Keith Kimball said, “The entire Farm Laborer Wage Board process has lacked transparency and integrity from the start, and the final report is no exception. The Wage Board report fails to represent the outpouring of testimony from New York’s agriculture industry, which resulted in over 70% of testimony asking to keep overtime at 60 hours. There’s also no mention of the hundreds of letters or other written and video testimony provided by farmworkers. And, it discredits the economics of family farms and the unique challenges no other industries are faced with. This has not been a fair process. As a farmer who testified himself and whose workers also testified, it is extremely disheartening to feel like those impacted by this decision were never heard and are in fact being ignored.”

New York State Vegetable Growers Association President Brian Reeves said, “I’m disheartened and disappointed that the voices of farmworkers, farmers, and researchers who spoke in support of the current overtime threshold have essentially been ignored. This report shows that the majority of the Wage Board never truly considered all of the information and insights offered to them during this process. I strongly encourage Governor Hochul and Commissioner Reardon to reject this flawed report and maintain the current overtime threshold.”

New York State Horticulture Society and the New York State Berry Growers Association Executive Director Jim Bittner said, “As a farmer and agriculture advocate, I’m extremely concerned about the future of farming in New York if this report is accepted by Commissioner Reardon. The report completely fails to take into account the massive cost increases – especially for fuel and fertilizer – that farmers have faced during the pandemic. There’s also no mention of the fact that New York has lost almost 5,000 farms over the last 20 years, and we’re expecting a new USDA Census report in 2024 which should inform decisions moving forward. We need Governor Hochul and Commissioner Reardon to support our farms and stay at 60.”

Cornell Research ReportClick here to watch a video presentation by Cornell University E. V. Baker Professor of Agricultural Economics Chris Wolf.

Cornell TestimonyClick here to watch a video presentation by Cornell Agricultural Workforce Development Director Dr. Richard Stup.

Farm Credit East ReportClick here to watch a video presentation by Farm Credit East.

Once the board delivers its report, Department of Labor Commissioner Reardon will have 45 days to review and announce her decision. Within five days of receipt, DOL will publish notice in at least 10 newspapers of general circulation in the state. Any objections to the report and recommendations can be sent to the Commissioner within 15 days after such publication.

State Senator Ed Rath:

“I am extremely discouraged by the Farm Laborers Wage Board’s decision to lower the overtime threshold from 60 to 40 hours. I have spoken with numerous farmers and farm workers.  Both have made it abundantly clear that this will be extremely detrimental to our family farms and farm workers. This is another example of Albany failing to do its due diligence by listening to critical stakeholders.” 

New restaurant in Oakfield brings the flavors of Louisiana to Genesee County

By Howard B. Owens

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When Corey Brown and Dean Brewer started working together in the kitchen at Sport of Kings they immediately struck up a friendship.

They both liked to cook and had aspirations to stretch their culinary skills.

Brown was born in New Orleans, where he came up through the ranks of some top Bourbon Street-area restaurants and Brewer started 25 years ago as a dishwasher at Sportos and kept looking for ways to learn new things and improve his skills.

Brown moved to Genesee County after meeting a girl from the area who convinced him there was a need for real Cajun dishes in Upstate New York.

Recently, they took over management of a restaurant located in Oakfield -- the former Oak Grill and Cafe -- running it for Kim Turner, Brewer's sister, who leased the location with the specific intention of letting Brown and Brewer put their culinary skills to work.

"Before we started, I had to do a lot of cooking in my house so she can taste it and she can say, 'Okay, I'm not gonna put my money behind it," Brown said.

Much of the menu of the old Oak Grill remains in place while Brown and Brewer introduce Cajun specialties, but some of the items diners might experience at the new Straight Out The Boot include jambalaya, crawfish etouffee, boudin balls, dirty rice, fried chicken, blackened catfish topped with crab meat,  and trinity and crawfish.

"Like I say, what we got now, a majority of the stuff still will be on there," Brown said. "But a couple of the things we'll be taking off and we'll be doing more Louisiana-style cooking."

Staying are hamburgers, which Brown said Brewer can grill better than anybody else he knows.  

"Dean does his burgers like, man, he makes some mean burger," Brown said. "I don't know. I'll put a burger on the grill they may not come out as juicy and tender as the way he does it."

Cooking came naturally to Brewer, he said.  It was the way he was raised.

"I'm a hillbilly from New York," Brewer said. "I was raised on the Southern Tier and the entire family can cook. They just can. I was always in the kitchen. It was just a natural thing. My grandfather told me once, 'The key is to be in the kitchen because that's where the coffee is and where the women usually work.'" 

Brown didn't set out to become a cook but once he started working in restaurants and seeing how the people who made the food got the praise for making customers happy, that appealed to him.

His biggest information came from a chef named Greg Craig.

"What he was doing was making big portions like he was a production cook," Brown said. "He did 50 gallons of gumbo, 50 gallons of crawfish one burst. I hear people talk about how good it is, even the workers, the other chefs, the owners, and I'm like, you know, I like that, you know, I like to hear the compliments. So I went over to him one day, I'm like, 'Man, I want to help out, you know, I want to cook  like you.' He said he needed an extra chef. 'I need the help.'"

Brown went on to work at Arnauds, off of Bourbon Street, and another restaurant on Bourbon Street and other restaurants, picking up tricks of the trade all along the way, including learning to cook Italian, and learning Greek cuisine when he moved to Batavia.

The name of the restaurant -- Straight Out the Boot -- is a play on the way Louisiana looks on a map.  The state is shaped like a boot, and Brown and Brewer want the restaurant to become known for providing really good Louisiana-style meals.

"Straight up, the boot is slang for everything we cooking," Brown said.

So far, Brown said, the Louisiana fare is going over well with diners.

"We've been getting a lot of good feedback off the jambalaya," Brown said. "We get a lot of feedback off the crawfish etouffee. Dean came out with a spicy chicken sandwich with the boom sauce, which is chicken topped with his creative barbecue spices, barbecue sauce. We've been getting good feedback from people."

Straight Out The Boot is located at 7062 Lewiston Road, Oakfield. Hours: 8 a.m. to 8 p.m. Monday through Saturday; and 8 a.m. to 3 p.m. Sunday. This weekend during Labor Daze, the restaurant is featuring fried chicken.

Photo by Howard Owens. Corey Brown, left, and Dean Brewer

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