OHA Board Meeting Minutes – Draft
December 10, 2019
Call to Order
Meeting called to order at 19:00 at Lisa McLaughlin’s home. Full board present.
Attendees
Lisa McLaughlin, Bob Reid, Diane Livoti, Michael Bowen, Alix Quay, Wakean McLean, Sally Weare.
1) Approve Agenda – Agenda approved by unanimous consent.
2) Consent/Standing Items
a) Minutes of last meeting – The board reviewed and approved the November 12, 2019 minutes with a request to post to the website. The board noted that two members (Cheryl and Eddie) requested a formal rule change in order to address the previously announced proposal to terminate prorated reimbursement for departing members. The final minutes will be adjusted accordingly and circulated. This serves as a formal announcement of the proposed rule change, as shown in 5 (b) (ii), below. The deadline for member comment is January 18, 2020 (LM/WM).
b) Pasture rotation schedule/upcoming herd moves
i) Mentors – Mentors to educate new members re: in-hand move process – Current mentors will be directed by board to provide instruction and conduct six-month status reviews with their new members. (Wakean, Doug/Marina, Sarah C).
ii) Fed/Unfed Herd split in January: Optimum numer of horses in Lower Pasture is 15 in order to keep cover on pasture. OHA needs 7-9 volunteer horses for unfed herdlet, select date, coordinate move to Plateau – The board called Erica Braun, discussed the upcoming herd split and set January 5 as the optimum date to move 7-9 horses out of the fed group into the unfed group. Volunteers to join the unfed group are needed. Horses to be moved in two lots of 3-4 horses each. Eddie and Erica directed to conduct poll to solicit participants and determine optimum move date. January 12 may serve as an alternate date, if needed. Look for poll from Erica soon.
c) Review Planning Grid “PG” i) PG -herd worming – announced in Nov. announcements (Cheryl reported all horses wormed) – Board reviewed and approved completion of this task. PG – consult EBMUD re: date for Audubon Christmas Bird Count – Each Christmas, birders are authorized by EBMUD to enter the OHA Pasture and participate in the annual Audubon Christmas Bird Count. Sometimes participants are inexperienced around livestock/gates, and this can lead to horse/birder conflicts. The board will confer with EBMUD and determine if the count will occur this year. If so, members will be advised of the date(s) we can expect to see strangers on the pasture, any special directions or oversight needs.
3) Membership Issues
a) Departures, new prop. Member(s) progress, status of open spaces
Lisa reported out on Sarah C’s update of membership levels. There have been four departures (including Erica and Wakean giving up one of their slots see, below), three new members added in late Oct/November (Welcome Carla, Linnea and Gianni!) and four proprietary members with vacant slots (Erica and Wakean, Harvey, Elise Geske and Sarah Cohen.. Harvey is undecided on status. Elise has sought an extension to March 15, 2020 (when the next dues payment is due) to decide on her membership
Board unanimously approved extension. Sarah Cohen just acquired a new horse (congratulations, Sarah!) to come on to the pasture in Spring 2020.
Departures and notes follow:
Bronwyn Evans – Relinquished proprietary membership 11/19 – Prorated refund issued
Trish Pillsbury – Relinquished proprietary membership 11/19 – Dues unpaid – No refund issued
Wakean MacLean and Erica Braun – Relinquished second horse space – Prorated refund pending
Kim Zvik – THIS SECTION DISCUSSED IN AND REPORTED OUT OF EXECUTIVE SESSION -see Executive Session, below.
The Board noted that there are 29 OHA horses (2 off-pasture – Arthur Stanley and Kajima) three existing vacancies (once Sara Cohen’s new horse arrives) and seven available openings, assuming full capacity of 38 horses, which OHA is not obligated to maintain.
In addition, there are the following updates on Associate Members
Jenny Brunswig – Giving up associate membership
Caitilin Evans – Has applied for Associate Membership
Gary Fitts and Trish Pillsbury – Have requested to shift from proprietary to associate members.
Discussion of multiple membership structure issues followed. The board determined that in light of the fact that the fee structure at OHA has not changed in 20 years, the board will review dues levels, work hour requirements, late fees and deficit work hour fees for both proprietary and associate members. This will be an agenda item for the January board meeting.
REMINDER – DUES PAID LATE CURRENTLY ACCRUE PENALTIES OF $10/MONTH.
i) Establish date(s) for 6-month check-in on new probationary prop. members, dates by which prop members need to fill their empty horse slots
See Attached Table 1
ii) Is a policy/procedure needed to document how a prop member becomes an assoc member?
The board determined that a formal process guiding this transition would be helpful, and directed board members Livoti and MacLean (?) to return with proposed language for review and possible approval.
b) Herd vaccination records
Pending an affirmative update from Sonny on Cisco’s status, all horses received fall vaccinations.
c) Member’s feedback on November membership termination
REPORTED OUT OF EXECUTIVE SESSION – The board contacted all proprietary and associate members to apprise them of the termination and to solicit any feedback or concerns they might have concerning OHA in general, and this event in particular. Member comments were discussed in Executive Session,
4) EBMUD Report (30 mins) (Wakean)
a) Status of 2018-19 Capital Improvement Projects
i) Taj repair/painting — completed
ii) Lower Pasture trough repair – SW reported trough working fine. Doug Ross, contacted by phone, reported he has all parts assembled and painted, and will coordinate with Megan to install.
iii) 2018-19 Work Hours total reported to EBMUD – Work hours have been reported; payment for missed work hours is pending. LM will provide WM with a paper copy of compiled and detailed work hours to provide to Kerry.
NOTE: OHA’s performance as EBMUD’s lessee is specifically evaluated by a review of the number and quality of work hours performed, particularly on pasture work hours. Even if you exceed your required work hours, please report them thoroughly, accurately and timely!
b) Proposed AGP – LM is seeking guidance from former board officers on how to assemble a complete AGP for submission to EBMUD.
c) Proposed 2019-20 Capital Improvements – AGP meeting date remains unscheduled. WM will follow up with Kerry on possible date.
i) Storage structures: Forest Meadow and Upper Sullivan
SW visited the Redwood Rangers pasture and facilities to assess their storage structures. OHA has received provisional guidance from EBMUD that non-permanent storage structures may be allowed in the pastures. Based on the overwhelming support of OHA members expressed at the annual meeting, the board approved including a non-permanent storage structure in the proposed AGP. However, several board members expressed concern about our collective ability to mobilize a sufficient workforce to construct storage structures, and that other matters may consume our attention and bandwidth. Members interested in organizing, leading or participating in planning and building non-permanent storage structures are asked to contact the board to convey their level of interest and ability to participate.
ii) boundary fence repair – LM will contact LF to discuss status of boundary fence survey, and report on status. Kerry at EBMUD has generously supplied a roll of wire and offered to lead a fence building and repair clinic in the new year. A boundary fence work party will likely ensue in late winter.
iii) New gate to be located across from Lower Sullivan approximately 50’ south of existing gate along El Toyonal– Again, Kerry at EBMUD has generously agreed to this proposal (including it in the AGP Proposal), and offered to supply angle iron for sides so that OHA can install an improved gate to the Upper Sullivan that bypasses the bog without an overly steep entrance.
iv) Include Pond Barn repairs in Cap Improvements -EBMUD (Kerry) provisionally approved repairs and painting of Pond Barn, as well as a supply of gravel for the flooring. Formal approval from EBMUD awaiting in-person meeting.
5) Treasurer’s Report (15 mins) (Diane) a) From October PG: Propose/Adopt budget for current year (2019-2020) Budget adoption postponed until January meeting. i) Line item for legal expenses – DL reported that OHA has paid $880 to date in legal fees to attorney Charles Drexler to defend OHA against claims brought by recently terminated member Kim Zvik. OHA has opened an insurance claim and supplied the insurer with all requested materials. OHA’s has a $2,500 deductible on insurance claims. The board authorized $2,500 in legal fees in order to cover legal expenses until such time as the deductible limit is reached.
b) Report on year-to-date actual expenses. –
i) Dues Status –Dues fully paid with the exception of one associate member. DL following up with members re: payment for incomplete work hours.
ii) Refunds – See 3(a).
(1) Proposed Rule Change for 30-day review: Members requested to review and comment as desired on proposed rule change prior to January 18 deadline.
A proprietary member who relinquish their membership forfeits the remainder of their most recently paid membership fees. A pro-rated refund will be granted if a horse dies and the owner member decides to leave OHA.
iii) Funding Allocations: The board authorized the following expenditures:
Hay purchase $500 Doug to coordinate
Hay Closet Repair $200 Mig to coordinate
Hay Cart Repair $150 Harvey or other volunteers to coordinate with purchase and installation of new frame and axle.
6) Old Business (All) (10 mins)
a) Nov work party – success! The board conveys our deepest appreciation for the tremendous level of participation, outpouring of community spirit and excellent progress in many overdue areas. Caitilin Evans acknowledged for organizing a highly successful work party and Larry thanked for providing and hauling a massive, debris-filled dumpster.
b) Notifications on Pasture Closures. The board acknowledged that during the red flag warning periods, communication regarding duration of pasture closures ordered by EBMUD could have been better. We are investigating alternative and improved communication techniques.
Minutes Distribution Process: The current Board meeting Minutes distribution process is that minutes are circulated to the board within one week of the meeting, reviewed and corrected by the board within one week of receipt, then returned to the Secretary for circulation to the membership
7) New Business (All) (10 mins)
a) Additional hay order of 20-bales authorized by the board [Item 5 (b) (iii)]
b) Repair of leaky roofs on both Pav hay closets authorized by the board [Item 5 (b) (iii)]. Mig to execute
Next Board meeting date: 1.21.20
8) Executive Session
The board met in Executive Session to discuss the current legal proceedings surrounding the 11.14.19 termination of Kim Zvik. Kim’s membership was terminated 11/14/19 with the direction from the board to remove her horses from the OHA pasture by 12.15.19. A prorated refund will be issued. Kim Zvik through her attorney Victoria Smith sought and was granted by the Contra Costa County Superior Court a temporary restraining order December 10, 2019 enabling her horses to remain at OHA until January 23, 2020, the date of a scheduled hearing. The OHA Board has advised EBMUD of the situation, secured an attorney, opened an insurance claim and is preparing for a hearing scheduled for January 23, 2019. The TRO allows Kim to enter OHA “to feed and care for her horses” during that time. Members are advised by counsel, due to pending litigation, to be extremely cautious in communicating or interacting with Kim.
Board returned from Executive Session. Meeting adjourned at 11:30 PM.
