Meeting Minutes – April 2015



April 20, 2015

Members Present:

Dick Cleveland

Mike Martinez

John Sheehan

Members Absent:



Sidney Harrington

Ray Sforzo

Matt Mire

Jim McNiel


John Sheehan called the regular meeting to order at approximately 4:02 p.m. at the Riverview Cemetery Mausoleum, Minturn, CO.


Dick, Mike, John, Ray and Sidney were all present.




Dick motioned to approve the meeting minutes from March 9, 2015 and Mike seconded the motion.


Dick Cleveland motioned that the Board of Directors go into executive session pursuant to Colorado Statute 24-7-402(4)(b) to discuss specific legal issues with legal counsel, Matt Mire. John seconded and all were in favor.

Upon returning from executive session, Dick announced that nothing was discussed in executive session other than legal issues. As a result of the executive session the Board of Directors would like Matt to review and revise/remove the verbiage in the subcontracts that require Ray and Sidney to indemnify the district for fault/damages. Furthermore language referring to reciprocal general liability indemnity shall be added. Bylaws shall also be revised to reflect contractual changes and indemnity clarification as well as naming both Ray and Sidney as additional insureds on the District general liability policy. The Board of Directors would also like to move forward with securing an Errors & Omissions insurance policy for the District. Dick motioned to put the preceding items into action, Mike seconded and all were in favor.

A. Jim McNeil addressed the shed building project:

Jim and Ray have been collaborating on the details of the shed building. A 40 ft. x 60 ft. building is being considered. Jim says a retaining wall is required in order to accommodate the building size and building drainage concerns. Jim believes the expense of this wall will be significant and has called some contractors for pricing.

Another issue that is concerning is the well that is located in the building area. It is required by law that the well has to stick up one foot above ground. If we build the shed around this area and something were to happen to the well pump, we could have some challenges in mitigating a problem. An option for protecting the well would be building a cover around it. Dick suggested a smaller building to accommodate the well. Is there another location for the shed building? John is opposed to covering the well with concrete. Mike pointed out that a “shorter” building could also eliminate wall expense.

Board and staff toured the potential shed building site to brainstorm ideas with Jim McNeil. Ideas were discussed and plans will be revisited.

B. Sidney gave an Administrator report:

With regards to the First Call of Colorado agreement, paperwork has not been signed and no agreement is currently in place.

Sidney reported, for the Board’s information, that the Minturn Cemetery District has no conventional bidding process monetary limitation for District spending. The District falls under Article 32 for special districts and we are not required by law to put anything out in an RFP (request for proposal) process. The Board and Staff agreed that we should have a limitation amount in place within the District bylaws.

Sidney placed a public notice and a display ad in the Vail Daily for John’s replacement and received no response. Sidney asked for the Board to please refer names for recruiting for this vacancy as we are in need of finding someone interested in serving. The Eagle BOCC has, in the past, considered tax revenue by location as it relates to representation when approving appointments for this District. Interviews will be scheduled for the June meeting.

A. Ray gave a Property Manager report:

Shed building was discussed previously in the meeting.

Ray got a solid bid for asphalt paving directly in front of the cemetery entry gates (apron paving). A-Peak Asphalt pricing is coming in at approximately $12,200. Dick motioned to approve the bid for apron paving and John seconded. All were in favor.

Ray said the weekly grass mowing bids this year will include grass catching. Grass spray stains the headstones and requires cleaning. He is waiting for bids to come in.


The following electronic funds transfers were made:

EFT 3/25/2015 Xcel Energy 386.73

EFT 4/10/2015 Centruy Link 259.34

The following checks were signed:

4/20/2015 1831 A4S Construction 1,950.00

4/20/2015 1830 Fitz Landscaping 8,809.23

4/20/2015 1832 Hayes, Phillips, Hoffmann & Carberry 1165..49

4/20/2015 1833 The Home Depot 157.88

4/20/2015 1834 Marchetti & Weaver, LLC 459.45

4/20/2015 1836 Orkin 500.00

4/20/2015 1835 Sforzo Enterprises Inc. 5,722.50

4/20/2015 1837 Sidney Harrington 2,065.00

4/20/2015 1838 Xcel Energy 303.19


Shed building, Ray & Sidney’s subcontracts for the District, John’s replacement, review applications and set up candidate interviews


Dick motioned to adjourn the regular meeting, Mike seconded and all were in favor at approximately 5:10 PM.

The next regular board meeting is scheduled for Monday, May 11, 4:00 p.m., at the Minturn Riverview Cemetery Mausoleum, Minturn, CO.

Respectfully Submitted:

Sidney Harrington




Mike Martinez

Minturn Cemetery District