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OCN > 2408 > Donald Wescott Fire Protection District, July 24 – Final merger timeline announced; dissolution plan approved

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.

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