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Donald Wescott Fire Protection District, Oct. 8 – Merger process nears completion; mutual aid agreements terminated

By Natalie Barszcz

At the Donald Wescott Fire Protection District (DWFPD) special meeting on Oct. 8, the board was updated on the merger process with Tri-Lakes Monument Fire Protection District dba Monument Fire District (MFD) and approved three notices to terminate mutual aid, and the transfer of two assignment and assumption agreements for vehicle storage at the former fire station property on Sun Hills Drive to MFD.

The meeting began at 2:38 p.m., when President Charles Fleece joined via Zoom.

District merger update

Attorney Emily Powell of Ireland Stapleton Pryor Pascoe (ISPP) PC law firm, attending via Zoom, said the district hearing on the dissolution of the district had taken place on Sept. 20. The 15-minute hearing was attended by Powell, attorney Dino Ross of ISPP PC law firm, Fire Chief Andy Kovacs, Executive Battalion Chief Micah Coyle, and MFD counsel Maureen Juran. The judge had no questions on the process, pleadings, or transition of the merger, but the bulk of the hearing focused on the dissolution of the district without the judge ordering an additional election.

The three eligible voters, including the two sitting board members and a spouse, had provided affidavits, had previously voted to proceed with the dissolution with the pre-inclusion intergovernmental agreement and the supplemental plan of dissolution. The judge approved the dissolution order that will be held until it is filed with the El Paso County Clerk and Recorder on Dec. 31. Delaying the dissolution order will allow the district to receive any small amount of delayed tax revenue and avoid any complicated accounting for the county Assessor’s Office. Procedural paperwork will continue behind the scenes, and the board member duties had concluded, until the final “special meeting” scheduled for Dec. 5. The meeting is expected to take about 15 minutes to “wrap up” the dissolution process, said Powell.

Termination of mutual aid agreements

Powell requested the board approve three notices of termination of mutual aid agreements between DWFPD and Cimarron Hills, Palmer Lake, and the City of Colorado Springs. The mutual aid agreements are no longer needed because MFD already has the same agreements with the same entities, said Powell.

The board unanimously approved the termination of the three mutual aid agreements.

Vehicle storage agreement re-assignment

Powell requested the board approve the assignment and assumption agreements for two vehicle storage contracts to be transferred to MFD. The agreements allow the American Red Cross and Emergency Incident Support to use the Sun Hills property for vehicle storage.

The board unanimously approved the agreements.

Note: For the chief’s report and updates, see the MFD article on page < 8 > and visit www.monumentfire.org.

The meeting adjourned at 3:03 p.m.

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Meetings are usually held on the fourth Wednesday of the month. The final special meeting is scheduled for Dec. 5 at 2:30 p.m., via Zoom and in person at Station 1, 18650 Highway 105. For Zoom joining instructions, agendas, minutes, and updates, visit www.monumentfire.org or contact Director of Administration Jennifer Martin at 719-484-9011.

Natalie Barszcz can be reached at nataliebarszcz@ocn.me.

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Donald Wescott Fire Protection District, Sept. 25 – Meeting postponed due to board member’s absence

By Natalie Barszcz

At the Donald Wescott Fire Protection District (DWFPD) meeting on Sept. 25, the board was set to approve three notices of termination for mutual aid to partner agencies and approve an assignment and assumption agreement for vehicle storage at the property on Sun Hills Drive (former fire Station 3). But the meeting was postponed until a date in October due to the absence of Director Mike Forsythe. An update was announced on the merger process with Tri-Lakes Monument Fire Protection District dba Monument Fire District (MFD).

District merger update

Attorney Emily Powell of Ireland Stapleton Pryor Pascoe PC law firm, attending via Zoom, said the district court hearing on the dissolution of the DWFPD occurred on Sept. 20, approving the action for Dec, 31, 2024. See wp.ocn.me/v24n8dwfpd/.

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Meetings are usually held on the fourth Wednesday of the month. A “special meeting” to conduct the business postponed from the September regular meeting be held Tue., Oct. 8, 2:30 pm. See the MFD website for updates. The final regular meeting is scheduled for Tue., Dec. 4 at 4:30 p.m. at Station 1, 18650 Highway 105. For Zoom joining instructions, agendas, minutes, and updates, visit www.monumentfire.org or contact Director of Administration Jennifer Martin at 719-484-9011.

Natalie Barszcz can be reached at nataliebarszcz@ocn.me.

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Donald Wescott Fire Protection District, July 24 – Final merger timeline announced; dissolution plan approved

By Natalie Barszcz

At the Donald Wescott Fire Protection District (DWFPD) meeting on July 24, the board received the final timeline for the completion of the merger process with Tri-Lakes Monument Fire Protection District dba Monument Fire District (MFD), adopted a supplemental plan of dissolution, and approved the dissolution of the district.

Secretary Mike Forsythe attended via Zoom.

District merger dissolution plan

Attorney Emily Powell of Ireland Stapleton Pryor Pascoe PC law firm, attending via Zoom, said the merger process is “moving along as expected.” The board is requested to consider Resolution 24-06, a resolution adopting the supplemental plan of dissolution, and approving the dissolution of the DWFPD, and she said:

  • To dissolve the district, a plan of dissolution must be provided to the court stating, for example, how emergency services will be continued, whether any outstanding debt needs to be handled—those kind of questions as set forth in the statute. See wp.ocn.me/v24n7dwfpd/.
  • Many of the questions are included in the pre-inclusion intergovernmental agreement (IGA) and it will be stated in the pre-inclusion IGA that it constitutes the district’s plan of dissolution. However, some of that information is not appropriate for the pre-inclusion IGA, for example the financial statements would not be attached, so the board is requested to adopt a supplemental plan of dissolution to be combined with the pre-inclusion IGA to constitute a complete packet to be submitted to the court.
  • Then the court will take about two weeks to issue the order. A request for a dissolution hearing can then be filed, which could be any time from today until Aug. 15.
  • The court will consider the petition for dissolution, and the hearing must be scheduled within 50 days. It could take up to 48-49 days or be as few as six days.
  • At the hearing, the court will be asked to order the dissolution without an election. The district only has three eligible electors who have all signed affidavits supporting the dissolution, but if the court disagrees, a small, three-person election will occur on Dec. 3.

The court hearing should take about 10 minutes or less and will require a board member representative. Attorney Dino Ross will handle the courtroom procedures with the judge, and she will attend to handle the paperwork. If an election is ordered by the judge, it will take place on Dec. 3, but it is unlikely with only three voters remaining in DWFPD, said Powell.

President Charles Fleece said he is hoping for the easy path to dissolution with the affidavits.

Powell said a similar hearing in Boulder County involved seven electors approving a dissolution. The court agreed that it would not be a good use of funds to conduct an election. If the judge agrees to order the dissolution without an election, and the order recorded at the end of December, the district will be dissolved, she said.

The two-member board unanimously approved and signed Resolution 2024-06, the legal documentation adopting a supplemental plan of dissolution and approving the dissolution of the district.

Remaining transfers

Powell said the request to exclude the two-board-member residential properties from the district and move them to TMD upon dissolution, was submitted to the court on July 26. A 30-day waiting period had to elapse before filing the exclusion after the board directors had signed the request at its June meeting. The transfer of the two contract agreements with The American Red Cross and Emergency Incident Support for the use of the Sun Hills property will be made to MFD before the end of the year.

Note: For more information, see the MFD article on page < 9 > and visit www.monumentfire.org.

Parting thoughts

Fleece thanked Powell for making the merger process seamless while juggling a million things over the past three years. The merger is wrapping up and approaching the tail end of the long process, and it is exciting to see, said Fleece.

Powell thanked the board for sticking with the long process and said she loves the merger process while having a system to make it happen. The board members and executive staff have been wonderful to work with, and all while they attend to full-time jobs, she said.

Fleece said that everyone involved remained professional and helpful throughout, working toward one goal to make the community better and safer for the employees. It has been a privilege and a better blessing to be a part of, he said.

Forsythe thanked everyone and said he is proud to do something good for the community. It was a dream at Wescott to have a merger with Monument and he was glad to have participated, he said. The merger is a dream come true for the firefighters, he said.

The meeting adjourned at 5:03 p.m.

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Meetings are usually held on the fourth Wednesday of the month. The next regular meeting is scheduled for Sept. 25 at 4:30 p.m. at Station 1, 18650 Highway 105. For Zoom joining instructions, agendas, minutes, and updates, visit www.monumentfire.org or contact Director of Administration Jennifer Martin at 719-484-9011.

Natalie Barszcz can be reached at nataliebarszcz@ocn.me.

Other Donald Wescott Fire Protection District (DWFPD) articles

Donald Wescott Fire Protection District, June 26 – Merger process prompts final transfers; 2023 audit unmodified

By Natalie Barszcz

At the Donald Wescott Fire Protection District (DWFPD) meeting on June 26, the board received an update on the merger process with Tri-Lakes Monument Fire Protection District dba Monument Fire District (MFD), held a public hearing, approved an exclusion of real property, and approved the transfer of a fire station, the Volunteer Firefighter Pension Fund (VFPF) plan, and a substantial fund balance to MFD. The board received and approved the presentation of the 2023 audit. The VFPF Board of Trustees held a meeting before the regular meeting.

District merger final transfer actions

Emily Powell of Ireland Stapleton Pryor Pascoe PC law firm, the district’s attorney, said the June and July district meetings are down to the final transfer actions. The following transfers were requested:

  • The VFPF be transferred to MFD for administration effective Aug. 1.
  • A substantial fund balance to MFD.
  • The Sun Hills Station (formerly DWFPD Station 3) serving two nonprofit emergency services and additional storage for MFD.
  • The exclusion of real property belonging to the two remaining board members. See www.ocn.me/v24n5.htm#dwfpd.

Powell recommended Wescott retain a fund balance of $65,000 to cover its attorney fees, and the District Court will act on the requests. The merger process is down to the end, she said.

President Charles Fleece asked if the retained sum would be enough in the event that any damage occurs at the Sun Hills property.

Powell said, after discussing the sum with Fire Chief Andy Kovacs, the anticipated $46,000 was bumped to $65,000 through the end of 2024, and MFD agrees to pay any outstanding bills.

District Administrative Officer Jennifer Martin said MFD pays the utility bills for the Sun Hills property.

Powell said the reason the two properties remain in the district is to allow the remaining board directors to continue dissolving the district. All of the other properties in the Wescott district were transferred in April onto the El Paso County Assessor’s books to be assessed under MFD for fire service and EMS beginning Jan. 1, 2025. The paperwork will be signed to transfer the two remaining properties before the end of 2024, said Powell.

Public hearing and approval

Powell opened a public hearing on the proposed exclusion of real property from the district and said the public hearing had been duly published as required by law. Upon hearing no public comments, the hearing was closed. The board was asked to approve the following:

  • The exclusion of real property, Resolution 24-04 approving the exclusion of the two remaining real properties belonging to the remaining board members. See www.ocn.me/v24n5.htm#dwfpd.
  • The quit claim deed transferring the Sun Hills Fire Station to MFD.
  • Joint assignment of the VFPF plan and joint letter authorizing direction on the plan.
  • A letter authorizing the Firefighters Police Pension Association (FPPA) requesting the transfer of the VFPF plan to MFD as the sponsoring employer.
  • The fund balance transfer to MFD.

The board unanimously approved and signed the resolutions and legal documentation for the requests.

2023 audit

Mitchell Downs of Erikson Brown and Kloster said the firm is now part of CBIZ. The decision was made by the partners to secure the staff due to a nationwide shortage of accountants. Downs presented the 2023 audit and said the district had five adjustments that occurred due to tweaking financial statements, one was requested by district staff and the other entries related to the VFPF. Most of the disclosures were also related to the VFPF. There was not a lot of activity, but nevertheless everything was focused on and tested. The district 2023 audit received a clean or unmodified opinion and will be electronically uploaded to the state portal. The district budget required significantly less work due to limited activity and cost less than the budgeted $16,000. The audit was completed with cross-referencing the MFD audit and available a month ahead of last year’s audit, said Downs.

The board approved the 2023 audit as presented.

Note: For more information, see the MFD article on page < 14 > and visit www.monumentfire.org.

The regular meeting adjourned at 5:33 p.m.

Volunteer Firefighter Pension Fund Board of Trustees meeting

Volunteer Firefighter Pension Fund Trustee Mike Badger requested the trustee status in regard to voting during meetings.

Powell confirmed the volunteer trustees are voting members of the board, and that in the past there had been a misuse of terms before her time reviewing the minutes. The trustee board members are the five board members and the two volunteers elected from among the membership, and at the next meeting when the VFPF will be managed by the MFD board the trustees will be seven members and the two volunteers elected.

The board approved the November minutes as published, 3-0. Treasurer/Secretary Mike Forsythe joined the meeting after the vote.

Allocation report

Kovacs requested the board review the allocation report and said no action was necessary.

Pension Fund status

Badger said the allocation spreadsheet was developed years ago to track the data from FPPA and the status of the VFPF. At the beginning of 2023, the fund began with $907,397 and ended the year with $914,896, just shy of a $7,500 increase after all payouts and fees were made. The fund always increased until the downturn and at one point the fund was down by about $150,000, but it is making a comeback. At the end of the first quarter of 2024, the fund had $930,000 and realized a gain of $15,134. The second-quarter figures will be made available at the Nov. 13 meeting. Sadly, some volunteer firefighters passed away, but when that happens the fund becomes healthier. The fund is doing well, said Badger.

Fund transfer

Powell said as part of the merger process, one of the final action items is the transfer of the VFPF to MFD as the sponsoring employer. That action will take place at the regular board meeting. The Wescott district will dissolve at the end of the year, but the fund does not go away and will carry on with the same benefits and beneficiaries. Several board actions in connection with the fund will happen at the following regular meetings later in the evening, effectively assigning all of the rights to MFD. MFD will set up a relationship with FPPA, and once approved and signed the documents will be sent to FPPA, and the process will likely be completed in July. The fund will remain wholly intact, with the same pool of volunteers, and kept separate, even though MFD does not have a volunteer firefighter pension plan. The Wescott volunteers will be the only recipients and should not experience any interruption in their benefits. The transfer will be totally transparent to the recipients, said Powell.

Badger thanked Martin for facilitating the dissemination of information and keeping the volunteer trustees informed.

The VFPF Board of Trustees meeting adjourned at 4:22 p.m.

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Meetings are usually held on the fourth Wednesday of the month. The next regular meeting is scheduled for July 24 at 4:30 p.m. at Station 1, 18650 Highway 105. For Zoom joining instructions, agendas, minutes, and updates, visit www.monumentfire.org or contact Director of Administration Jennifer Martin at 719-484-9011.

Natalie Barszcz can be reached at nataliebarszcz@ocn.me.

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Donald Wescott Fire Protection District, April 24 – Merger process nears completion

By Natalie Barszcz

At the Donald Wescott Fire Protection District (DWFPD) meeting on April 24, the board received several updates on the merger process with Tri-Lakes Monument Fire Protection District dba Monument Fire District (MFD), and re-assigned board positions. Mark Gunderman commented on his tenure as board president as he leaves Wescott to take a seat on the MFD Board of Directors.

Treasurer Duane Garrett was excused, and Secretary Charles Fleece and Director Mike Forsythe attended via Zoom.

Merger process update

The district’s attorney, Emily Powell of Ireland Stapleton Pryor Pascoe PC law firm, attending via Zoom, gave an update on the merger process and said the following:

  • The April 30 deadline to move the district properties onto the El Paso County Assessor’s tax rolls had been met.
  • The District Court issued the court order for the exclusion process first in order to hold the process for 30 days to ensure there were no objections to the exclusion of properties.
  • The final documents were walked down by MFD counsel Maureen Juran to the El Paso County Clerk and Recorders Office on April 22.
  • The district’s properties will be assessed on the MFD tax records for the 2025 tax year.
  • All that remains is to dissolve the Wescott district and move the final two properties that are owned by Directors Fleece and Forsythe into the MFD boundaries.
  • A special meeting of the MFD board will be held on May 8 to begin the process for the exclusion of the two properties to be included into MFD upon dissolution of the district.
  • The four electors will be the two directors and their spouses, and the process will be fast, but the court order must be made before July.
  • The Sun Hills Fire Station transfer to MFD will be assisted by a property attorney.
  • The Fire and Police Pension Association (FPPA) and Colorado Firefighters Heart (CFH) Trust will be transferred to MFD, the new sponsor. The pension plan affiliation agreement will state MFD agrees to work with the FPPA and the CFH Trust.

Powell commended both boards and the staff and said it had been such a pleasure working with Fire Chief Andy Kovacs, and his professionalism and grit is truly admirable, said Powell.

Board positions re-assigned

Powell said that in accordance with the Special District Act, every board must elect a president and a treasurer.

Forsythe nominated Fleece as board president, and Forsythe by default assumed the treasurer/secretary position.

Powell made a motion to accept the nominations, and board unanimously approved the positions.

Note: Gunderman and Garrett will be sworn in as MFD board directors at the May 22 meeting.

Outgoing president remarks

Gunderman said he became a Wescott board director in May 2018, and it had been an honor to serve on the board for the past six years. He fell into the role of board president in January 2020, but it was a team effort, and he thanked former Secretary Larry Schwarz who left the district at the end of 2023, and incumbent directors Garrett, Fleece and Forsythe for their support and directorship. He also thanked Kovacs and the executive staff for making the journey as easy as possible, noting change often brings anxiety. Transitioning the firefighters over to MFD at the beginning of the merger process ensured the firefighters felt a part of the process from day one.

The MFD board directors were open to suggestion and made the process collaborative. He initially thought the road would be bumpy and thanked Powell for helping both districts navigate through the nuanced process. It was fortunate that both districts had the right firefighters and board directors at the right time, and he looks forward to serving on the Monument board. He thanked Fleece and Forsythe for remaining behind to assist Powell in the final months of the merger process.

Fleece said it had been a privilege to work with Gunderman, holding down the fort, and with Powell and Kovacs, everything is always lined up, simply a good team seeing the community grow in the right direction.

Chief’s report

Kovacs said the following:

  • Engine 502 and brush truck 542 assisted Fort Carson with a wildfire in March.
  • The combined district staff completed 783 training hours.
  • The new wildland Type 3 engine will go into service in the next two weeks after crews have received driver and apparatus orientation.
  • The engine will be in service locally and be available for wildland deployments.
  • The remodel design for Station 2 (Rollercoaster Road) is underway.
  • The Station 4 (Gleneagle Drive) remodel was delayed a week due to permitting issues, but the project is back on track for completion this fall.
  • Nine firefighter recruits are expected to graduate on May 3.

Forsythe said the addition of nine firefighters was good news.

For more information, see the MFD article on page 15, or visit www.monumentfire.org to read the entire chief’s report.

The meeting adjourned at 5:03 p.m.

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Meetings are typically held on the fourth Wednesday at Station 1, 18650 Highway 105. A short special meeting will be held on June 12 at 4:30 p.m., and the regular meeting will be held on June 26 at 4:30 p.m., preceded by a Volunteer Pension Board of Trustees meeting at 4 p.m. There are no May meetings. For Zoom meeting instructions, agendas, minutes, and updates, visit www.monumentfire.org or contact Director of Administration Jennifer Martin at 719-484-9011.

Natalie Barszcz can be reached at nataliebarszcz@ocn.me.

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