Times Six…

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By:  Progress for Westhampton Beach

For the sixth consecutive week it is again time for a Monday Night Movie on the Great Lawn.  Sunset is at 8:01 p.m.  The movie will start shortly thereafter.   The Movie is Hairspray, released in 2007.1)for the train gang that commuted with the Mayor into the City for years on the 6:40 train in the “penultimate” car, this is the antepenultimate movie for the summer.Dashing Dan Logo full

Preliminary festivities begin this week at 7:00 p.m. with music provided graciously by East End Entertainment – Thank You Michael Variale, and a dance / costume contest, inspired by the movie, with prizes courtesy of the Chamber of Commerce, Hairspray2007poster

Bring a lawn chair and a friend !

If you are getting the sense that summer is coming to an end, you’re right.  After this Monday, there are only two more Monday Night Movies on the Great Lawn – Maleficent and Guardians of the Galaxy.

ADDENDUM:  Another successful movie night, with rain expected to move in after midnight.

References   [ + ]

1. for the train gang that commuted with the Mayor into the City for years on the 6:40 train in the “penultimate” car, this is the antepenultimate movie for the summer.Dashing Dan Logo full

Bare feet Required…

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By:  Progress for Westhampton Beach

Many will see the front page of the Southampton Press and be captured by the headline “Deadly Day at Beach.”  The story reports the tragic death of Jordan Boris at Rogers Beach.  Also reported on 27east; and here – Serious Business.  Consumers of the news and local gossip should keep in mind that the flow of information is restricted by law and for good reason.

The Health Insurance Portability and Accountability Act of 1996, HIPAA, was enacted by the United States Congress and signed by President Bill Clinton in 1996.  A similar law, County Law § 677, applies to autopsy reports in the State of New York.  These laws prohibit the disclosure of information.

The purpose of the HIPAA law is to help keep private health concerns private.  It is an important public policy that encourages people to be completely honest with their medical providers so they can receive appropriate care and treatment.  A similar privacy policy prevails with respect to autopsies.  The privacy accorded autopsy reports encourages friends and family to be candid about the deceased which allows a Medical Examiner to make a more informed assessment of the cause, mechanism and manner of death.1)Cause, Mechanism, and Manner of Death:  The Cause of Death is the disease or injury responsible for initiating the lethal sequence of events. A competent cause of death is etiologically specific.  The mechanism of death is the altered physiology and biochemistry whereby the cause exerts its lethal effect.  Mechanisms of Death lack etiologic specificity and are unacceptable as substitutes for causes of death. Common mechanisms of death include congestive heart failure, cardiac arrhythmias, asphyxia, sepsis, exsanguination, renal failure, and hepatic failure. The term “cardio-respiratory arrest” is meaningless for purposes of death certification; it is a description of being dead, not a cause of death.  The Manner of Death explains how the cause arose: natural, accident, homicide, or suicide. Natural deaths are defined as those that are caused exclusively by disease; accidental deaths result from an environmental tragedy (e.g. struck by lightning). from Suffolk County Medical Examiner’s webpage  Both laws enhance the flow of information to those people who need it most.

The disclosure restrictions of HIPAA and County Law § 677 are important, but they do result in a limitation of the relevant information that is disclosed to the public.  This occurs when the public’s interest is limited to a generalized curiosity,  and not a matter of direct concern.

These privacy protections may be waived if a person (or the representative of their Estate) brings a law suit, then all the facts are a direct concern to the public, the public hunt for the truth ensues, and the shoes go on.  What’s this about shoes and bare feet?  See No Shoes Today.

It appears that Mr. Boris’ family is confident that Jordan Boris was given every chance to survive,2)this link added to story 8-11-15but sadly he did not:

Jordan Boris
posted on 27east.com

On a related note:

The comments that have been made on 27east about the physical limitations of the Westhampton Ambulance volunteer who responded to the scene were at best rude.  He showed up.  He knew he could make a contribution to our community and he volunteered. And on a beautiful Saturday in August, he put summer leisure and personal comforts aside and he showed up.

Many of us are well past our prime.  Still, each of us has something we can do regardless of our personal limitations.  If you feel you can make a contribution to our community consider volunteering. 

There was a lot of good work done at our beach on Saturday, August 1st.  Our village employees and our volunteers at the Westhampton Ambulance deserve thanks.

By:  Progress for Westhampton Beach

References   [ + ]

1. Cause, Mechanism, and Manner of Death:  The Cause of Death is the disease or injury responsible for initiating the lethal sequence of events. A competent cause of death is etiologically specific.  The mechanism of death is the altered physiology and biochemistry whereby the cause exerts its lethal effect.  Mechanisms of Death lack etiologic specificity and are unacceptable as substitutes for causes of death. Common mechanisms of death include congestive heart failure, cardiac arrhythmias, asphyxia, sepsis, exsanguination, renal failure, and hepatic failure. The term “cardio-respiratory arrest” is meaningless for purposes of death certification; it is a description of being dead, not a cause of death.  The Manner of Death explains how the cause arose: natural, accident, homicide, or suicide. Natural deaths are defined as those that are caused exclusively by disease; accidental deaths result from an environmental tragedy (e.g. struck by lightning). from Suffolk County Medical Examiner’s webpage
2. this link added to story 8-11-15

August 6, 2015

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By:  Progress for Westhampton Beach

At the August meeting for the Board of Trustees there were mostly routine matters on the agenda.  Two matters of significance were addressed.

Master Plan

The update of the master plan is now under way.  This has been in the works for months and at times was stalled.  Now, there will be a review of the master plan by a committee of village residents with services provided by Nelson, Pope and Vorhiss, LLC.  Such periodic reviews are essential to ensure that the best laid plans made years ago for our village remain appropriate, and that implementation of that plan has the best chance for success.  In conjunction with this review a Business District Task Force was created; the Mayor appointed and the Board confirmed: Joe Musnicki, Susan Rosenberg, David Fox, Jackie Bennett, Robert Busking, Paul Montagna, Dee Perfido, Jim Badzik and Jean Marie Braat to serve. The Board left open the possibility for other interested individuals to be appointed as well.

The second matter of particular interest was a public hearing on a change in the village code.

The Change in the Village Code

Many in the Village of Westhampton Beach, as in other communities, are concerned that local businesses that are part of village’s unique appeal are in constant competition with the cookie cutter chain stores that enjoy economic advantages of scale.

There is no legal way to prohibit a business based upon it  being part of a national chain.  Still, many communities try.  Local government is permitted to use laws to protect the health, safety, and welfare of its residents and many municipalities turn to zoning laws to attempt to indirectly regulate national chain stores.

It appears that in 1993 our village may have attempted to address the challenge from national chain stores through its definition of Fast Food Restaurants which are prohibited in the village.  The village code defines any restaurant having more than one cash register as a prohibited Fast Food Restaurant, the 1 register law.

It does not take an undercover investigation to see that there are several local restaurants in the village that use more than one register.  The 1 register law must be enforced uniformly without discrimination.1)this should not be understood as a criticism of code enforcement, it was acting reasonably, as does highway patrol that does not ticket people on the expressway at speeds under 70 mph when the limit is 55 mph.  The 1 register law that was not working as well as originally intended has been adjusted with important recommendations from the Building Department.  Our choice was to keep the  1 register law  and enforce it against all restaurants, OR change this code provision. If we kept this code provision the law of unintended consequences would kick in… Continue reading August 6, 2015

References   [ + ]

1. this should not be understood as a criticism of code enforcement, it was acting reasonably, as does highway patrol that does not ticket people on the expressway at speeds under 70 mph when the limit is 55 mph.  The 1 register law that was not working as well as originally intended has been adjusted with important recommendations from the Building Department.