POENB Minutes
Wednesday, November 5, 2025
The meeting was held at the EN Firehouse from 7:30 pm to 9:15 pm.
The Pledge of Allegiance was recited followed by a roll call of officers.
Officer Roll Call
● Tom Kehoe – President (ARRIVED at 8:15 pm)
● Steve Neuf – Vice President
● Sally Neal – Treasurer and Recording Secretary
● Nancy Regan – Corresponding Secretary
● Paul Dippolito – Assistant Vice President
● Michael Ien Cohen – Assistant Vice President
● Heather Warrington – Assistant Vice President
Attendance
There were 63 members physically in attendance (56 members and seven officers). The spouses and children of several members also came to the meeting.
Paul Dippolito’s motion to accept last month’s minutes as published on the POENB Website and in the Changing Tides (CT) was seconded.
Correspondence – Sally Neal for Nancy Regan
The Board received 18 separate emails since POENB’s meeting on October 7, 2025. This correspondence has been consolidated and organized by topic.
• Watercraft Removal – Three members asked for an exception to POENB’s November 1 watercraft removal deadline. One member asked to keep his dinghy at PB for the month of November so that he could continue to access his moored vessel. Two others stated that they needed more time to find suitable transportation to remove their kayaks. Michael Ien Cohen responded.
• Bevin Seawall – John Ballow alerted POENB that he sent an email to the VOA Clerk and Stakeholders requesting a complete copy of proposed Local Law 2-2025 amending Chapter 104-6 “Notice of Defects” (announced on the VOA website). John wants to review this document in advance of the public hearing. John also wants VOA to clarify any refiling requirements for prior notices, including any references to the undermined road and other seawall issues.
• Security Gate – Several members emailed their support for the security gate at PB. One member sent an email message stating that he would vote “yes” on the Key Issue Vote (“KIV”) but could not attend the November 5 meeting given work travel. Three emails requested additional details on the gate. Sally Neal answered the questions and noted that the FAQs posted on POENB’s website in September provided more information.
• Social Events – Adult Halloween Party – Several emails were received in response to RSVP reminder.
• Key Issue Vote (“KIV”)
Two individuals sent the Board emails one or two days before the KIV (scheduled for Wednesday, November 5). The Board also received two additional emails on Wednesday (the day of the KIV) – one from the same individual who sent a note on Monday/Tuesday and another member. These emails asked the Board to postpone the KIV and/or allow absentee or e-mail voting on the KIV.
While the three members affirmed they were not opposed to the security gate, they believed (in no particular order) that:
- An insufficient amount of information was available about the gate to make an informed “yes/no” decision.
- There was too much information provided about the gate, and they needed additional time to analyze the information.
- The Board and/or membership should finalize open policy issues associated with the gate before the KIV occurs – specifically the access method (clicker vs. phone).
- The wording used to publicize the most recent KIV was not 100% identical to other KIV announcements; the most recent and prior messages differed in the level of detail (i.e., one KIV announcement used high level/generic language to describe the gate while another KIV announcement identified the proposed gate’s make and model). These wording differences impeded the member’s ability to make an informed voting decision.
- In-person voting had limited historical precedence; POENB always/typically allowed e-voting and absentee voting.
- The Board did not follow the KIV process as outlined in the By-laws – which the member stated – required (1) the presence of a quorum, (2) the KIV notice be communicated 10 days in advance of the vote, and (3) that discussion and voting be conducted in accordance with Robert’s Rules of Order.
- The timeframe for action on the gate (“installed by 12.31.25”) was artificial; donors would probably extend their timeline, if asked.
The Board met virtually to discuss and determine whether the KIV should be postponed.
The Board reviewed the By-Laws and affirmed that Section 4 of the By-Laws state that “at any meetings of the association, 15% of voting members shall constitute a quorum.” A KIV would require that 35 members (or 15% x 234) in good standing (dues paid) cast a vote.
Per the By-laws, the Board has discretion as to how the vote will be conducted. Based on a review of votes over the past 4 years, no voting has been conducted via e-voting or absentee voting.
The method selected by the Board for the Gate KIV were “anonymous, paper ballots.” The By-Laws do not reference Robert’s Rules of Order.
The Key Vote was announced on multiple platforms on October 20, more than 10 days in advance of the KIV.
The Board also believed that an abundance of information about the need for and benefit of the security gate at PB had been communicated over a reasonably sufficient, four-month time frame.
Information about the security gate first appeared in the July CT (in both the Correspondence Section and a Separate Section labeled “Security Gate”). Additional information about the gate was included in the August, September and October editions of the CT. In the CT, members were invited to join the Working Group if they wanted to become more involved in the process.
In September, a 40-page FAQ, which addressed specific features of the security gate, its estimated cost and multiple other topics, was published on POENB’s website.
The two September Fund raisers – specifically for the security gate – were publicized via emails and social media – several notices contained a picture of the selected gate. These two events, attended by ~190 individuals (of which ~100 were unique), provided another opportunity for members to engage with the Board about the security gate.
The Board believed that members (1) had sufficient time and opportunities (approximately four months – between July 2 to November 4) to ask questions and become actively involved in the process, (2) had been given sufficient information about the gate to make an informed decision, and (3) were given sufficient notice to adjust their schedules to attend the KIV.
Therefore, the Board told the members that the date and method used for the KIV would not change.
At the meeting, Bill Heuer requested that an email from Bethany Pokorny (received on Wednesday, November 5th) be read out loud and entered into the minutes. Sally Neal, on behalf of Nancy Regan, read Bethany’s email. Given CT size/word limits, Bethany’s entire email can be found in the on-line version of November’s Changing Tides.
Social Committee – Heather Warrington
Heather said that since our last meeting, POENB sponsored three social events: (1) a free family movie night (Hocus Pocus 1) on October 18, (2) a free children’s Halloween Parade and fire safety presentation (October 25), and (3) a nominally priced ($10) adult Halloween Party (November 1).
The membership would like to extend a special thanks to Michael Ien Cohen for setting up his movie sound and screening equipment and Heather Warrington for organizing the movie event and dispensing candy and drinks (for a recommended donation).
The adult-only Halloween Party, which was held at the firehouse and sponsored in conjunction with the Eaton’s Harbor Corporation (2-acre zone), had the largest number of attendees of all three events (~120 people). Nearly all attendees opted to wear costumes. A special thanks to Heather Warrington (for providing overall coordination), John Ballow (for decorations), Tom MacKenzie (for music – Let’s do the time warp again), and Shrimpy’s and Mr. Mike (ice cream) (for providing food and drinks for sale).
Beach Committee – Steve Neuf and Michael Ien Cohen
- Benches – Steve Neuf said that the broken grill at PB had been replaced and 3 new benches at VG had been installed.
- Swim Lines – A huge thank you to Dane Nau for single-handedly removing the swim lines from PB and storing them in the shed. Volunteerism makes POENB work – thank you Dane for your community spirit.
- Watercraft – Michael Ien Cohen said that given 2025 is an odd year, stored watercraft must be removed from the racks at the two beaches no later than November 1, 2025. He stated that this request has been communicated multiple times. The craft must be removed so that the racks can be repaired. Simply untying the craft from the racks isn’t an option because leaving untied craft on the beach represents a safety hazard – especially if inclement weather causes the boats to blow across the beach or out into the water.
Sailboats do not have to be moved and can remain at PB all winter long. This is a new pilot policy.
Michael also stated that the Board is very reluctant to sell abandoned watercraft since it represents a lot of work for the volunteers and made another request for members to remove their craft.
Bobby Piscani asked Michael Ien if additional volunteers were needed to repair the racks. Michael said he believed that the three volunteers he has now should be sufficient.
New watercraft storage spots will be assigned in 2026. Members may not be assigned the same spot as they had in 2025. Assignments are made on a first come, first serve basis. No rack spots are free.
Membership – Gene Caputo
Gene said that in 2025, POENB currently has 234 members.
Treasurer’s Report –Sally Neal
The Treasurer’s Report (see page X) includes the Income Statement for the period January 1, 2025 to November 5, 2025 and a partial Balance Sheet as of November 5, 2025. Please note, given space limitations in the Changing Tides, some financial statement line items have been aggregated.
Total Revenue was ~ $82,700. The largest revenue items were:
• Membership Dues ($64K)
• Watercraft Fees ($4.1K)
• Social Income ($7.2K)
• Merchandise Sales ($2.2K)
• Raffle Income ($1.7K)
POENB’s breakeven budget was based on 245 members and a ratio of 45/55 special to standard members. As of November 5, POENB had 234 members (11 under the budgeted amount). Approximately 58% of eligible residents (234/405) have chosen to become POENB members in 2025.
Sally estimates that after accounting for December expenses and year-end transactions, POENB should be able to generate a small profit this year.
To date, POENB has received gate donations of $17,160. In terms of the accounting:
• Cash ($5,250) from individuals is recorded as Capital Improvement Donations on the Balance Sheet (debit cash/credit capital improvement donations)
• Cash from the two fund raisers ($3,370) is recorded as “Endless Summer” Social Income on Income Statement
• Cash from raffles at fund raisers ($1,673) is recorded as Raffle Income on the Income Statement
• General Donations ($1,307) are recorded as donations on the Income Statement
• Pledges of $5,750 do NOT appear on the financial statements because POENB uses the cash basis of accounting. Entries are made when cash is distributed or received.
Bevin Seawall – John Ballow
John said he’s trying to obtain a copy of the engineer’s report, recently commissioned by VOA.
PB Security Gate – Sally Neal
At the start of the security gate discussion, Julie Hendricks-Atkins made a motion to postpone the key issue vote. The motion was seconded by Paul Dippolito.
Several members then spoke on behalf of postponement. The arguments to delay were substantially the same as the arguments provided by three members via email (see Correspondence Section).
Rather than wait for four weeks to hold the KIV, Nick Cavuto suggested holding the KIV in two weeks.
Other members stated they assumed that the donors would be willing to delay the vote because they believed that these donors would waive the restrictions they placed on their pledges and cash contributions – specifically that the gate be “implemented” by December 31, 2025.
The Board stated that many members re-arranged their schedules to vote tonight. Sally Neal stated that large dollar donors (who represent ~50% of total donations, who wanted to remain anonymous, told her that they would withdraw their donations/pledges (tonight) if the vote is delayed (and the gate wasn’t implemented by year end.
A show of hands was used to determine whether the KIV should be postponed. The motion failed: 13 members voted to delay, and 50 members voted not to delay.
Prior to conducting the KIV, the Board opened the floor for 20 minutes of public comment. Each member was allowed 3 minutes to speak.
The comments made against installing a security gate were highly similar to those the Board received in emails three days prior to the meeting (see Correspondence Section).
Additional comments included questions about specific gate policy decisions (as outlined in the FAQs) – such as (1) will the gate operate 24/7, (2) which access method will be used, (3) what data will be collected about members via the clicker or phone app, (4) does information collected violate private issues, and (5) has the Board thought about the operational/organizational issues associated with installing the gate.
The Board stated that (1) the policy decisions will be identified and the Board’s recommended answers provided to the membership, (2) except for name and address, no personally identifiable information will be collected by the clicker or phone app, and (3) two members have volunteered to serve as Security Officers, assuming the KIV passes. The volunteers also asked to receive and review the Security Officer job description prior to formally accepting. Sally Neal has drafted job descriptions and will provide those job descriptions to the two volunteers for their review.
Another member (Tom Bishop) stated that he was concerned that members, who live along Birmingham, will use the PB parking lot as an extension of their property and park their or their guest’s vehicles in the lot during the day and overnight. The Board said that the gate should prevent such actions and that the access mechanism would allow a very small number of Board members to see statistics on parking lot usage.
Finally, Bill Heuer asked to revisit Resident Non Member (“RNM”) beach access and usage rights. Bill agreed that (1) POENB, Inc. owns the beaches (has title), (2) the deeds to individual properties in the POENB Area do NOT explicitly include “deeded beach access rights” or deeded beach usage rights” and (3) POENB members have the right to fully use and enjoy all parts and all amenities at both beaches.
However, Bill questioned the legal logic used to conclude that the only way residents of the POENB Area could access and use the beaches was by becoming a member of POENB.
Nancy Regan said that POENB’s governing documents do include a private, expressed, appurtenance, affirmative easement (“the Easement”) that applies to all property owners in the POENB Area.
That means that POENB Area residents who elect NOT to join POENB can access and use the two beaches under certain conditions and restrictions.
However, per NY Real Property Law §345 and different precedents set by case law, Resident Non Members (“RNMs”) are NOT permitted unfettered use of the beach nor do RNMs have the same rights and privileges as members. As the property owner, POENB can place limitations and restrictions on how and where RNMs can access and use the beach properties.
Specifically, RNMs (1) can access the beach through a designated pedestrian entrance only, (2) cannot use any beach amenities/shower such as the watercraft racks, benches, picnic tables, grills, dumpster, garbage can, portable toilets, parking lot, shed or barbecues), and (3) can only use a specific designated part of the beach to enjoy bathing, boating and recreational activities (in compliance with the POENB beach rules).
Sally Neal suggested and Bill Heuer agreed that a more fulsome discussion of the limited access and usage rights provided by an expressed, appurtenance, affirmative easement to RNMs take place at a later date.
Depending on the number of agenda topics and the time needed to discuss them, the Easement could be an agenda item at the December 2025 member meeting.
Also, as soon as possible, a separate document (which is preliminary / a first draft) will be posted on POENB’s website that provides members with additional details on (1) POENB’s property deed, (2) easements, in general and POENB’s specific Easement, and (3) the implications of the Easement for both members and RNMs, including detail on the conditions and restrictions POENB is able to place on RNMs.
This topic is a bit technical and complicated – but will be “worth the read.”
Nancy Regan also suggested updating selected FAQs (#7, #8, #9, and #10) to include the LIMITED beach access and usage rights provided to RNMs via the Easement.
A member made a motion to hold the KIV which was seconded. Members then used their anonymous paper ballots to cast their yes / no vote in person.
The KIV passed by a vote of 50 to 12.
Board Nominations – Ryan Cote
Ryan Cote announced the slate of 2026 Board members. The nominations are identical to the current board members except for Nancy Regan, the Corresponding Secretary. The Corresponding Secretary position is open. Ryan invited members to provide nominees for that role.
Next Meeting
Next month’s meeting is scheduled for Wednesday, December 3, 2025, at 7:30 pm at the EN Firehouse.
