Meeting Minutes – May 2015



May 11, 2015

Members Present:

Dick Cleveland

Mike Martinez

John Sheehan

Members Absent:



Sidney Harrington

Ray Sforzo

Matt Mire

Ken Marchetti


John Sheehan called the regular meeting to order at approximately 4:06 p.m. at the Riverview Cemetery Mausoleum, Minturn, CO.


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




Dick motioned to approve the meeting minutes from April 20, 2015 and Mike seconded the motion. All were in favor.


A. Ken Marchetti presented the 2014 DRAFT audit report to the Board and staff. The audit has been conducted by McMahon and Associates and represents a review of the governmental activities and the general fund for the District for the 2014 calendar year. It has been concluded that the financial statements as presented represent the respective financial position of the District in accordance with generally accepted accounting principles. Ken advised that this audit is consistent with past audits and nothing has come up that is derogatory. Dick motioned that the Board of Directors accept the audit as presented at the meeting as the FINAL draft for the 2014 fiscal year. John seconded and all were in favor.

B. Matt Mire led the discussion on insurance coverage for the District. After reviewing with James McGalliard, the District agent, he is advising that the Board move forward with some “gap” coverage for professional liability. There are two policies to choose from varying in coverage and deductible based on sub-limits of $500,000 and $250,000. Dick motioned to

purchase a policy with the lesser sub-limit of $250,000 (Option 1) for the price of $3,911. John seconded the motion and all were in favor.

Matt, along with Board and staff, continued the discussion from the last meeting regarding the sub-contract agreement for Sidney and Ray. Independent work status risks and liability have been addressed. Matt believes that now that insurance is in place, double indemnity is not necessary in the contract language. The provision regarding failure to pay federal taxes, Section 4.1(iii), has been removed. Furthermore, Matt said all parties have appropriate insurance (Ray, Sidney and District are all “additional insureds”) and case law is very clear about contractor immunity. Based on the job descriptions, there is very little risk that the federal government would consider either the Administrator or Property Manager positions as being anything but independent contractor status.

C. Sidney gave an Administrator report:

The District received an official notice regarding the special use permit that has been applied for directly next to and touching District property.

Discussion regarding staff (Administrator & Property Mgr.) compensation ensued and a raise in pay has not been granted for two years to staff. Both Sidney and Ray discussed ongoing duties and position challenges including regular time-commitments and unexpected time-commitments (burials) as it relates to man-power. The Cemetery duties require a team-like effort to cover the services provided by the District 365 days of the year. Board members would like to conduct an executive session on another date to further discuss compensation. A May 18th meeting at 4:00 pm has been scheduled.

Sidney reported that the District received no response from the public notice and display ad for the Board member replacement seat for John. John recommended reaching out to Art Chavez. Sidney will do so.

Sidney also reported that the cemetery plotting and marking system is still in progress and continues to evolve. Physical field data and CIMS database discrepancies continue to be sorted out. Furthermore, the “reserve plot list” has no standing with regards to our bylaws and rules and regulations. The Board would like to send a notice in writing to people on the waiting list to alert them that they have a set amount of time to come in and purchase a plot that has been on the wait-list.

A. Ray gave a Property Manager report:

Ray reported a new location for the shed building on the other side of the existing shed. There is a sliver of Town of Minturn property that would need to be acquired in order to build it. Ray would like to pursue this option after the survey company does its work.

Rocky Mountain Custom Landscaping will be performing regular mowing on Wednesdays and will be bagging grass this year for the same price.

Ray will also get bids to replace the failing stucco wall at the top of the mausoleum building.

In closing, Dick commented that he really values the work that both Ray and Sidney perform here at the cemetery. John and Mike agreed things are being managed well.


The following electronic funds transfers were made:

EFT 5/5/2015 Waste Management 52.50

EFT 5/11/2015 Centruy Link 259.00

The following checks were signed:

5/11/2015 1841 Deck Enterprises, LLC 600.00

5/11/2015 1846 Eager Beaver Tree Service 600.00

5/11/2015 1847 Firstbank 227.73

5/11/2015 1842 Hoffmann, Parker, Wilson & Carberry, P.C. 684.50

5/11/2015 1843 The Home Depot 166.42

5/11/2015 1839 Marchetti & Weaver, LLC 269.94

5/11/2015 1844 McMahan and Associates, LLC 4,500.00

5/11/2015 1848 MW Window Cleaning, Inc. 235.00

5/11/5015 1849 Ray Sforzo 214.79

5/11/2015 1850 Sforzo Enterprises, Inc. 3,447.50

5/11/2015 1851 Sidney Harrington 1,400.00

5/11/2015 1845 Vail Daily 1,520.58

5/11/2015 1840 Meridian Intermountain/Vail Electronics 212.50


Shed building, Ray & Sidney’s subcontracts for the District, John’s replacement – candidate interviews


John motioned to adjourn the regular meeting, Mike seconded and all were in favor at approximately 6:03 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