batavia

Photo of business partners Brandon Buckel, left, and Gary VanValkenburg.

Gary VanValkenburg’s family has been in business in Batavia since 1960, during which time they have made numerous changes to adapt to economic conditions and times.

Now, however, VanValkenburg says it’s time to retire.

The business his father started as Central TV in 1960 is now known as Rest & Revive Float Center, which the 70-year-old VanValkenburg runs with a business partner, Brandon Buckel.

Several factors have contributed to VanValkenburg’s decision to put the business up for sale at this time.

'Plans of Retirement on Horizon'

First is the coronavirus pandemic, which forced them to shut down for 85 days, and secondly is the fact VanValkenburg’s wife is seriously ill and he is her primary  caregiver.

“I just can’t do both any more,” he said. “It is with mixed emotions we have decided to put our family property and business on the market, with plans of retirement on the horizon.” 

Back in 1960, Gary’s parents, Russell and Rose VanValkenburg, opened a television sales/service business in the basement of Mancuso Furniture on Main Street in Batavia.

In 1963, they tore down the front porch of their house and built a store in the front to sell televisions and stereos. In the early 1970s, Twin Fair opened up down the road from their house and were selling the same products for the prices VanValkenburgs paid at wholesale.

Once a Haven for Waterbeds

“My parents knew they had to go in a different direction,” Van Valkenburg said. “At that time, they were sleeping on a waterbed and it was their idea to open a waterbed store.”

That resulted in opening The Waterbed Store in 1974 at 596 E. Main St., where they sold all types of waterbeds. 

Gary grew up in his parents business, delivering mattresses with his father from the time he was 10. Gary became a plumber in Batavia, until giving it up to join his parents when they purchased a Waterbed World franchise out of Rochester in 1978, enabling them to sell all types of waterbeds, including name-brand furniture and accessories.

A year later, they opened a second Waterbed World franchise in Summit Park Mall in Niagara Falls. They had 45 complete flotation bedroom suites on display there.

The decision was made in 1986 to terminate the Waterbed World franchise and change the name to Waterbed Professionals.

In 1995 they began offering all types of sleeping surfaces, including name-brand mattresses, memory foam, latex, and adjustable air beds, along with waterbeds.

In 1996 they changed the store name to The Bed Room, as they were offering more than just waterbeds.

“We were the first retail outlet in Genesee County to offer Tempur-Pedic products,” VanValkenburg said.

By 2015, the mattress industry had begun to veer in a different direction, and it wasn’t positive, he said.

Looking for a 'Different Niche'

“We had to look for a new and different niche,” VanValkenburg said. “In 2016 I was having some health issues and my doctor suggested floating. I had no idea what he was talking about. I found a float center in Rochester and made an appointment. After my first floating experience, I felt great. I had no pain and no stress. I came back and told my partner that I think I had found our new niche.”

VanValkenburg and Buckel began to investigate the flotation industry and monitored the progress for a full year. It was on the upswing, as float centers were popping up all over the country and in Europe, VanValkenburg said.

In 2018, they closed The Bed Room and began construction of their new Float Center.

They opened for business in May 2019, and had been in business less than a year when COVID-19 shuttered the enterprise. Business is slowly returning, and they are booked into May, VanValkenburg noted.

“Over the last six decades our family has had the opportunity to meet many wonderful people and make long lasting friendships,” VanValkenburg said. 

His father died 10 years ago and his mother a year ago.

Until a buyer comes along, VanValkenburg said they will be open for business as usual. In spite of the changes made to comply with restrictions caused by the coronavirus pandemic, business is good, he said.

Previously: Video: Ribbon cutting, Rest & Revive Float Center, Batavia, NY

Photo by Howard Owens.

From the City of Batavia Police Department:

Batavia police are looking for assistance identifying a DoorDash delivery driver involved in an accident that occurred on Wednesday, March 17 at about 8:30 p.m. on Norris Avenue in the City of Batavia.

(Norris is east of State Street and runs north and south between Hart Street and Fairmont Avenue.)

The operator was driving a dark-colored, older-model compact truck.

Anyone with information, please email Officer Perkins at:  aperkins@batavianewyork.com, or contact the Batavia Police Department at (585) 345-6444. 

Batavia High School's Production Club presents the musical comedy "Sister Act" this Saturday, April 17, in both a limited in-performance and an on-demand video, which will be available April 24.

For this Saturday's live performance, each member of the production is allowed to distribute only two tickets due to COVID-19 restrictions. The performance will be recorded and available for a limited time starting a week from tomorrow.

The stage production is based on the 1992 movie with original music by Tony- and eight-time Oscar winner, Alan Menken. The musical was nominated for five Tony Awards.

To purchase tickets for the recorded performance, click here.

Photos by Howard Owens, except full cast photo at bottom, by Steve Ognibene.

Press release:

For the second year in a row, the Richmond Memorial Library has prepared a budget that will require no increase in the tax levy.

Prior to the 2020-21 fiscal year, tax levy increases had been kept under 2-percent annually (well under the allowable Tax Cap and national rate of inflation) despite 7-percent increases to the minimum wage, fluctuating health insurance costs, and a greater share of New York’s pension liability. 

Because there is no tax levy increase to vote upon, there will be no budget vote – only the Trustee Election for one vacant seat on the Richmond Memorial Library board. The two candidates for this seat are Odilia Coffta and Catrina “Cat” Lasher.

Meet the Candidates!

Odilia Coffta -- I am the data administrator for the New York State Migrant Education Program. As the mother of two young girls, ages 5 and 10 weeks, I often visit the library and take advantage of all the great books, materials, and activities available in the children’s department. I am originally from Guatemala and have a master's in Public Administration from the University of Pittsburgh. I want to join the Board because I believe libraries are a great resource for the community. I love the library and want to serve and support it as best as I can. (submitted bio)

Catrina “Cat” Lasher -- I grew up in Northern California and moved to New York eight years ago. I am a mother to two children ages 7 and 4 who keep me busy with running them to hockey, dance, and piano, in addition to volunteering at their schools. I’m a returning adult student at SUNY Empire College in the Community and Human Services department. I am the Birthday Party & Special Event coordinator at the Batavia YMCA, in addition to other roles I perform there. In the past, I coordinated a Free Forest School chapter in Genesee County and managed Batavia’s Buy Nothing group. Since childhood, libraries have been an important resource for me. These days I use the library to support my reading habit. My children and I ride our bikes to the library on a weekly basis in the summer. I’m very grateful to have such a wonderful place in our community. Some of my favorite things about our library are the craft programs and the Seed Library. I would like to become a library trustee because I believe that libraries support strong communities. As a library trustee, one of my top priorities would be to support access and inclusivity for all community members regardless of race, gender, orientation, age, socioeconomic status, or ability. (submitted bio)

The Trustee Election to fill one vacant seat on the Richmond Memorial Library Board of Trustees will take place on Thursday, May 6 at Richmond Memorial Library from 9 a.m. – 9 p.m. It is located at 19 Ross St. in the City of Batavia.

Applications for absentee ballots are available at Richmond Memorial Library. If the ballot is to be mailed to the voter, the application must be received at the Richmond Memorial Library by 5 o’clock on April 27th. If the ballot is to be delivered personally to the voter, the application may be received up to 5 p.m. on May 3rd.

Residents of Batavia City School District who are citizens of the United States, 18 years or older, and are registered voters may vote on this year’s Trustee Election.

Note: Information excerpted from the Richmond Memorial Library 2021-2022 Budget Newsletter, which can be found in full on the library's website or at the library. 

The library is now open regular hours for limited services, including browsing and checking out materials, limited computer use, photocopying, faxing and placing holds on materials. Please observe all signage and policies when you enter the library! Information about upcoming programs can be found on our website at batavialibrary.org.

Richmond Memorial Library continually provides access to physical and virtual resources and services that meet the educational, informational and recreational needs of its diverse community in a safe and comfortable environment.

Press release:

This year's Earth Day Weekend cleanup project will focus on the new Ellicott Trail and the City of Batavia, Genesee County, and Town of Batavia are looking for volunteers to pitch in. 

Volunteers and municipal staff will join together to collect trash and debris along the Ellicott Trail on Saturday, April 24.

Assemble at 9 a.m. in the parking lot behind the City of Batavia Fire Station on Evans Street (behind 18 Evans St.).

Social distancing and COVID-19 protocols will be followed.

Gloves, trash bags, and a trail assignment will be given out to complete the five miles of Ellicott Trail. The disposal of all trash collected will be handled by City of Batavia Bureau of Maintenance.

Earth Day Cleanup is a coordinated volunteer event, providing opportunities for individuals and organizations to make positive, tangible impacts on our environment and to keep the Ellicott Trail clean.

“The City of Batavia thanks all those community members who are volunteering to cleanup and keep Ellicott Trail looking good this Earth Day Cleanup Weekend. Your help to keep our City clean and safe is much appreciated,” said Eugene Jankowski Jr., City Council president.

Vice Chairwoman of the Genesee County Legislature and City resident, Marianne Clattenburg, said, “by joining together and assisting in the cleanup effort we can give residents and visitors a better experience on the Ellicott Trail. I am excited to participate and hope community members and service groups will join us.”

“Ellicott Trail was built as a collaborative partnership between the City, Town and County and we will continue to maintain the Trail for public use and enjoyment," said Chad Zambito, Batavia Town Board member. "While this is the inaugural cleanup, there will be many more opportunities to volunteer and keep our collective community beautiful.” 

If you would like to volunteer but cannot attend the Earth Day Cleanup – Ellicott Trail, please sign up through “Friends of Ellicott Trail” with John Roche from Adam Miller Toy and Bicycle at: adammiller2@verizon.net or go to their website.

If you have any questions regarding this event, please contact Lisa Casey, confidential secretary with the City of Batavia (585) 345-6333.

Press release:

The Batavia Police Department is seeking public assistance in locating a missing 14-year-old girl. Elizabeth Jones was last seen on Wednesday, April 14 in Batavia. She may be in the Buffalo or Rochester area and is believed to be with a male.

She was last seen wearing a red and black hooded sweatshirt, sweatpants and carrying a blue and black duffle bag. Elizabeth is approximately 5' 04", 130 lbs., has piercings on both sides of her nose, and has blond hair.

Anyone with information on her whereabouts is asked to call the Batavia Police Department at (585) 345-6350 or the NYS Missing Persons Clearinghouse at 1-800-346-3543.

UPDATE 2:50 p.m.: From BPD -- "Elizabeth Jones has been located and is safe. The Batavia Police Department would like to thank the citizens for all the tips that helped lead to her safe return."

Caleb Richard Swendsen, 26, of Akron Road, Pembroke, is charged with criminal possession of a controlled substance in the seventh degree. Following a domestic incident in the Village of Oakfield at 7:13 p.m. on April 14, Swendsen was arrested and charged with that Class A misdemeanor. Swendsen was taken to Genesee County jail, then released with an appearance ticket to be in Oakfield Village Court on May 24. The case was handled by Genesee County Sheriff's Deputy Kyle Krzemien, assisted by Deputy Jonathan Dimmig.

Terry Nelson Ritchey, 48, of Alexander Road, Batavia, is charged with: driving while ability impaired by alcohol; no tail lamp; and no plate lamp. At 1:33 a.m. on April 15, Ritchey was arrested after a traffic stop on Clinton Street Road in Bergen. It is alleged that Ritchey drove a motor vehicle while impaired by alcohol. The defendant was issued traffic tickets then released. Ritchey is due in Bergen Town Court on June 2. The case was handled by Genesee County Sheriff's Deputy Jacob Gauthier, assisted by Deputy Austin Heberlein.

Press release:

This year has brought many changes to everyone during the coronavirus pandemic. One thing that has changed, is how we can safely raise funds. St. Paul Lutheran School has three upcoming fundraisers to help support our school, located on 31 Washington Ave. in Batavia.

And we are currently taking registrations for the 2021-2022 academic year for preschoolers age 3 and 4 and students through the grade six.

Join Us For These Events

• Sponsored Dinner at Batavia's Original -- Wednesday, April 21, from 4-9 p.m. All dine-in, take-out and delivered orders will benefit the school with a percentage of the sales that will benefit our Tuition Assistance account.
• Hanging Basket Vouchers -- Order a voucher from our school for $22 and then go shop at a Delre's Greenhouse for your selection of color and flower of your choice. Vouchers are good from May 15 through May 28. Proceeds to benefit our school.
• Scrap Metal Drive -- Saturday, May 1, from 8 a.m. to noon at 31 Washington Ave., Batavia. We can accept: kitchen appliances, washing machines, dryers, lawn mowers, wheelbarrows, hot water tanks, bicycles, metal fencing and posts, gas grills, automobile batteries and boat batteries. Proceeds to benefit our school. We CANNOT accept: televisions, microwave ovens, propane tanks, rechargeable batteries, food containers.

For more information on any of these events, please call (585) 343-0488. Thank you kindly.

Longtime local attorney Gerald "Jerry" Williams celebrated his 90th birthday today by doing what he has done just about every day for the past 60-plus years -- tending to legal matters at his Downtown Batavia office.

Williams took time out from his duties to pose for a picture with his son, Thomas, who recently became the Genesee County Family Court judge, and daughter, Annie.

He said he was admitted to the bar in 1955, but for the first two years served in the Army.

"I came back in 1957 and commenced practice with Jim Murray, a trial laywer, forming the Murray & Williams law firm," he said. "Jim died in 1994 at the age of 86 and he was here the day before he died."

Williams said he, too, doesn't see retirement in his plans, noting that "I will keep working until I don’t enjoy it anymore."

This prompted Annie to quip, "Lawyers don’t retire anymore, they just lose their appeal."

As far as outside-of-work activities, Williams still plays competitive tennis.

"Now, I can’t wait to get into those 90-and-over tennis tournaments," he said.

Williams has three other children and 11 grandchildren.

Photo by Mike Pettinella.

The adoption of a proposed 2021-2022 school budget for Batavia nearly brought Board of Education President Alice Ann Benedict to tears on Monday night.

She wasn't upset. If anything, she was overjoyed.

The budget doesn't increase the district's tax levy one penny over the 2020-21 budget. With rising property values and commercial properties that were previously covered by tax abatements known as PILOTs* rolling out of those programs, most property owners should see the education portion of their property taxes going down next year.

Superintendent Anibal Soler said a rough guess right now is that a home assessed at $100,000 will pay $64 less in school taxes.

He called that a win for the community and in remarks at the end of the meeting, Benedict agreed and thanked Soler, Business Administrator Scott Rozanski, and the rest of the board of education for their work on the budget.

"I just want to say how pleased I am that we got to zero percent because I think it is quite important for our community," Benedict said before fighting back tears. "This has been a tough year. I just wanted to say I appreciated it."

Rozanski said it was possible to balance the budget because of additional state and federal aid being provided to local school districts.

The tax levy this academic year is $19,493,958 and under the proposed budget will be exactly the same in the coming year.

The total budget will increase from $51,470,726 to $52,096,661, a 1.22-percent increase in spending, which is just below the consumer price index increase of 1.3 percent.

The tax rate based on the proposed levy has not yet been set.

"The tentative PROJECTED tax rate (using the current assessed values) is $20.65," said Rozanski in an email to The Batavian. "This amount WILL change because all the information (assessed values, equalization rates, omitted taxes, and removed exemptions are NOT finalized until the summer. The OFFICIAL tax rate will be calculated in August/September 2021."

There will be a public budget presentation on May 10 and the budget will go before voters on May 18.

*PILOTs -- Payment(s) In Lieu Of Taxes.

Press release:

At 5:11 a.m. today, April 14, the City of Batavia Fire Department was dispatched to a reported fire in an upstairs apartment located at 1 Jerome Place. Units were on scene at 5:12 a.m.

Upon arrival, firefighters found smoke emanating from several windows located on the second floor of the structure. Responding crews made an aggressive interior attack and were able to contain the fire to a single room on the second floor. The situation was called under control by on-scene fire command at 5:27 a.m.

Due to the intensity of the fire, the home received significant smoke damage to the second floor with minimal water damage to the first floor. One animal was rescued by bystanders prior to the fire department's arrival and all occupants were able to self-escape.

At this time, the City of Batavia’s Fire Investigation Team with assistance from the City of Batavia Police Department’s Detective Bureau are investigating the fire to determine the origin and cause.

The American Red Cross is assisting the occupants of the residence with support services.

City fire was assisted at the scene by the City of Batavia Police Department’s Road Patrol and Detective Bureau along with the City of Batavia Bureau of Inspection. Additional assistance was provided by the Genesee County Sheriff’s Department and Emergency Dispatch.

All city fire department units were back in service at 8:19 a.m.

Submitted photos.

Teachers at Batavia High School, looking to pursue relevant topics in fresh ways have proposed three new courses that were approved by the city school's Board of Education on Monday night.

The courses, two in Social Studies and one in English will only go forward if students show sufficient interest in taking the elective classes.

The courses are:

• Sports and Race Relations through Digital Media, which will explore pivotal moments in American History in an effort to understand how they contribute to modern laws, policies, systems and culture. 
• Law and Justice in America I and II will provide students an overview of the various areas of Civil and Criminal Law in our American legal system, along with time to discuss contemporary issues pertaining to justice in America. 
• 1960s Literature, Lyrics and Culture will examine influences between our current times and the '60s. 

Superintendent Anibal Soler told the board it's important to recognize that these are teacher-driven initiatives and Molly Corey, director of curriculum and instruction, said, "Teachers are passionate because they were eager to see some changes in the courses they teach."

She added, "What we’re looking to do is provide more choice and some relative and timely topics.”

Existing teachers will lead the classes. There is no need to hire additional staff. They don't replace core classes.

Trustee Shawna Murphy, herself a teacher at Genesee Community College, said, "That’s what teachers are constantly doing, coming up with new ways at teaching concepts and making it relevant and easier to understand and, you know, ‘why does this matter to you as a student.’ I think that’s the fun part of being a teacher."

A Rochester man is facing three felonies after three people were arrested following a traffic stop in Bergen April 11.

A gray Chevrolet Malibu was pulled over by Genesee County Sheriff's deputies on Route 33 at 12:38 a.m.

The operator, Paula G. Pierce, 29, of State Street, Batavia, was allegedly driving with a suspended NYS driver's license. There were two other occupants, Michael R. Whitman, 48, of Federal Street in Perry, and 29-year-old Justin P. Porter, of Bennington Drive, Rochester (inset photo, right).

Deputy Nicholas Chamoun conducted an investigation, aided by Deputy David Moore, and K9 Deputy Andrew Mullen, who deployed K9 Frankie to check the exterior of the vehicle. According to the Sheriff's Office report, Frankie indicated a positive response for the presence of narcotic drugs.

Deputies conducted a vehicle search and allegedly found drugs and the three occupants were arrested. Assisting at the scene were Deputy Austin Heberlein, Deputy Ryan Young and Deputy Jacob Gauthier.

Porter is accused of providing deputies with a fake name and refusing to disclose his true identity. It is also alleged that while in custody at the Sheriff's Office, he attempted to conceal drugs by hiding them in an interview room.

Porter was arraigned virtually in Town of Bergen Court and charged with: criminal possession of a controlled substance in the third degree -- with intent to sell, a Class B felony; tampering with physical evidence, a Class E felony; fourth-degree conspiracy, also a Class E felony; criminal possession of a controlled substance in the seventh degree, a Class A misdemeanor; obstruction of governmental administration, another Class A misdemeanor; and false personation, a Class B misdemeanor.

Due to bail reform, Porter was released on his own recognizance.

Pierce and Whitman were issued appearance tickets on charges of fourth-degree conspiracy and criminal possession of a controlled substance in the seventh degree.

Pierce is also charged with aggravated unlicensed operation in the third degree, an unclassified misdemeanor; and she was issued a traffic ticket for insufficient turn signal, a violation.

Members of the Genesee County Drug Task Force also assisted in this case.

Michael Tomaszewski, the former local funeral home owner accused of misusing his client's deposit money and improperly disposing of human remains, entered a guilty plea this afternoon to felony charges that could send him to prison for up to seven years.

The plea offer included no promise of a sentence of lesser than the statutory time in prison of two and a third to seven years for his guilty plea to grand larceny, scheme to defraud, offering a false instrument for filing, and untimely burial.

The sentences for each count will run concurrently under the terms of the plea.  

Prior to Tomaszewki's last court appearance, he disclosed, through his attorney Thomas Burns, to the Sheriff's Office that the remains of another body could be found in his former funeral home. A human body was recovered.

As a result of that investigation, he is expected to be charged with another misdemeanor charge of untimely burial. Under terms of the plea deal, he is expected to plead guilty to that charge and any sentence on that charge would run concurrently to the charges disposed of in today's hearing.

Sentencing for the 40-year-old Batavia resident is scheduled for July 13 at 1:30 p.m.

Tomaszewski was arrested last summer and accused of taking money from clients who had made prearrangement deposits. He misappropriated as much as $15,000 from some clients.

Clients may have suffered a cumulative loss of more than $525,000. 

At his sentencing on July 13, Tomaszewski, under terms of the deal, must agree to make restitution in the amount specified by the prosecution.  

Assistant District Attorney Kaitlynn Schmit told Judge Charles Zambito today that she couldn't provide the exact amount of restitution because Tomaszewski has already paid some people back and there needs to be further research into exactly how much he owes his victims.

Burns said he and Schmit had reached an agreement to delay sentencing by four weeks over the standard time between a plea and sentencing to allow more time to arrive at the final restitution figure.

In a bankruptcy filing last year, which is still pending, Tomaszewski listed $1,094,346 in assets against $3,242,390 in liabilities. 

UPDATE 5:05 p.m.: The Sheriff's Office has released the arrest report on the additional charge against Tomaszewski, duty to bury. According to the Sheriff's Office, after being notified by Burns of the body, a body of a deceased person who had died Sept. 10, 2019, was recovered at the former funeral home. The body was removed and buried. Tomaszewski was issued an appearance ticket on the charge.

Batavia native Deanna Spiotta moved to Nashville, Tenn., in 2013 to try and make it as a recording artist but found, she said, that she was unprepared for the music business and felt alone in trying to navigate it.

But that experience didn't diminish her drive nor dampen the dream of making music her career.

She returned to Western New York in 2015 and started renewing and building connections locally and as a result, this week released her first EP, "The In Between," a collection of six songs she wrote and arranged.

It was produced by Dave Drago in Macedon. Spiotta sings and plays guitar and piano on the tracks. She is joined by Drago on bass, electric guitar, and backing vocals, Alex Northup on keyboards, and Javi Torres on drums.

"It is my hope to share this music with our community and that it will resonate with people and help them feel through difficult emotions," Spiotta said.

This is Spiotta's debut release. She said it was tough making connections in Nashville without any professional recordings under her belt. She hopes the EP is a step toward realizing her dream of writing and performing music for a living.

Her influences include, she said, The Beatles, Shawn Colvin, Miranda Lambert, and Leslie Odom Jr.

She provided a Spotify link to music that inspired and influenced her.

"I'm also inspired by Motown, which makes sense as The Beatles and Shawn Colvin were heavily influenced by Motown artists and Black artists who founded rock 'n' roll and country music," she said.

"Miranda Lambert was very influential to me at the beginning of my career about 10 years ago, and now I find myself growing from her style to create my own. Leslie Odom Jr.'s album, Mr, serves as a big inspiration to me.

"Our sounds don't sound anything alike, but I love that he fuses many different styles, genres and sounds to make something unique. I find it fascinating to fuse all of the musical experiences in my life into my own unique sound."

Her EP is available on Apple Music, Spotify, and her own website, DeannaSpiotta.com.

Photos by Taylor Rambo Photography. All rights reserved. Used with permission of Deanna Spiotta.

Press release:

The Genesee County Health Department is seeking information about the location of a dog and its owner following a dog bite incident on Thursday, April 8, around 3:20 p.m. The person was walking on the sidewalk near Batavia Gardens Apartments on East Main Street, heading west toward Jerome Place in Batavia. 

The dog is described as a tan Chihuahua. The dog was accompanied by a 16- to 18-year-old male who was described as tall and thin with brown/dark/dirty blonde, semi long shaggy hair. He was wearing a black hoodie, pants and glasses. He had headphones on and was paying attention to his phone at the time of the incident. 

It is important to locate the dog to determine whether or not it is current on its rabies shot. If the health status is not identified, post exposure rabies shots will be offered to the victim.  

If you have information about the location of the dog and its owner, please contact the Genesee County Health Department at (585) 344-2580, ext. 5555. 

Spring is here and animals are out more, so "love your own…leave the rest alone." All wild and unknown animals (even dogs and cats) should be avoided whenever possible since the possibility of exposures to rabies can occur anywhere and anytime.

An officer is dispatched to meet up with a complainant at Centennial Park in the city who wants to report a road rage incident.

The complainant said it started at the Country Max on Veterans Memorial Drive. An operator of a black BMW is accused "driving past at a high rate of speed and giving the caller the bird," says the dispatcher.

The caller was, of course, referencing the crude hand gesture that is indicative of moderate to extreme contempt.