Meeting Minutes – March 2015



March 9, 2015

Members Present:

Dick Cleveland

Mike Martinez

Members Absent:

John Sheehan


Sidney Harrington

Ray Sforzo

Matt Mire


Dick Cleveland called the regular meeting to order at approximately 4:14 p.m. at the Riverview Cemetery Mausoleum, Minturn, CO.


Dick, Mike, Ray, Sidney and Matt were all present. John did not attend.




Mike motioned to approve the meeting minutes from February 9, 2015 and Dick seconded the motion and all were in favor.


A. Sidney gave an Administrator report:

With regards to the First Call of Colorado agreement, a draft was sent out to the Board and Matt for review. Matt made some updates to the contract and it serves as a standard service agreement. A. #2 of the contract was approved for change to include a mutually agreed upon drop date. All were in agreement of the $5.00 per cremains fee for the ossuary. Matt will update the contract and forward to Sidney. Mike made a motion to approve the First Call contract agreement that includes a $5.00 cremains fee. Dick seconded and all were in favor. Dick motioned that Sidney execute the agreement by signing on behalf of the District and Mike seconded. All were in favor.

Administrator and Property Manager subcontracts were discussed. Dick suggested that we go into executive session at the beginning of the next meeting so that John can be included in the discussion along with Matt, because the District requires legal expertise as it relates to District By-Laws.

Discussion ensued with regards to Administrator and Property Manager concerns in the matter of general and professional liability and indemnification. Matt advised that the subcontract form is clearly drafted with the intent to make the positions subcontractors and not employees so that there is no confusion on that subject. This is due to IRS tax liabilities. Ray asked if the District can indemnify the Administrator and Property Manager positions and Matt advised that we should look through past District resolutions to see if there is any resolution that pertains to the subject of indemnification; however, at this time the By-Laws do not support that.

Furthermore, liability and immunity were addressed with regards to the District and contractors. The Administrator and the Property Manager are liable within their scope of work. Ray is more concerned about burials than “slip-n-falls”. Matt reiterated that if something were to go terribly wrong, the District would be sued along with anyone carrying liability insurance. Ray pointed out that as subcontractors of the Cemetery we are asked to carry out District business that is out of our control, i.e. conducting burials in a snowstorm. Board and Staff agreed to continue the discussion at the next meeting in executive session.

Matt was excused from the meeting.

A. Ray gave a Property Manager report:

The heat tape and gutters are installed and working on the public restroom.

The Cemetery rail slider has come back so Ray parked the truck in front of the launch site. Ray is in the process of mitigating this problem by installing tabs on the railings. Dick suggested installing pins on the railings and will look into it for Ray. Mike asked about the frequency and Ray confirmed it is not occurring too often. He thinks the most recent incident happened right after he left at 8pm at night.

Ray recently consulted with Jim McNiell and a survey of the lower shed site has been completed. Preliminary design plans/pricing was reviewed by Board and Staff. A four-sided building with a man-door and translucent roof panels was suggested. Mike inquired about covering all the burial materials and equipment and commented how important that is to protect the life of these items. Dick suggested adding a security system once we make the building improvements.


The following electronic funds transfers were made:

EFT 3/9/2015 Centurylink 260.22

EFT 3/9/2015 Chase Ink 24.40

The following checks were signed:

3/9/2015 1821 Defina Construction, Inc. 500.00

3/9/2015 1828 Eagle Valley Surveying, Inc. 818.00

3/9/2015 1825 F.D. Taylor Electrical Construction Co. 1,825.00

3/9/2015 1820 Hayes, Phillips, Hoffmann & Carberry 555.00

3/9/2015 1823 Home Depot 125.54

3/9/2015 1819 Liberty Mutual Insurance 4,281.00

3/9/2015 1822 Ramaker & Associates 450.00

3/9/2015 1827 Sforzo Enterprises Inc. 2,030.00

3/9/2015 1829 Sidney Harrington 2,308.18


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 5:18 PM.

The next regular board meeting is scheduled for Monday, April 20, 4:00 p.m., at the Minturn Riverview Cemetery Mausoleum, Minturn, CO.

Respectfully Submitted:

Sidney Harrington




Mike Martinez

Minturn Cemetery District