Books, bike paths and back taxes

By Joy Ufford, jufford@pinedaleroundup.com
Posted 10/24/23

Continuing the conversation from their Oct. 3 meeting, county commissioners approved a maximum expenditure of $9,000 for a new bike path maintenance inventory.

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Books, bike paths and back taxes

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SUBLETTE COUNTY – For the opening of the Sublette County Board of Commissioners’ Oct. 17 meeting at Marbleton Town Hall, chair Sam White quickly made two changes to that day’s agenda.

First came praise for the Big Piney branch of the Sublette County Library for receiving state honors as the “best library” in Wyoming.

Director Michelle Humber, deputy director Judi Boyle, Big Piney manager Tawnya Miller and her staff came to the front and thanked everyone who helped them move thousands of books around Big Piney and Marbleton before remodeling.

White also added a second executive session at the request Sublette County Attorney Clayton Melinkovich, who had scheduled one executive session to discuss litigation. The added executive session followed after the first one, with commissioners returning to conclude and then adjourning into the second. No actions were taken.

Bike paths

Continuing the conversation from their Oct. 3 meeting, county commissioners approved a maximum expenditure of $9,000 for a new bike path maintenance inventory.

Road & Bridge supervisor Billy Pape showed them the county Rec Board’s 2021 master plan that needs to be updated with jurisdictions and completed and pending maintenance.

The 2021 “pathway maintenance database” shows Sublette County has 29.6 total pathway miles with 28.2 miles considered under the county rec board’s maintenance.

At the previous meeting, commissioners asked rec board members and Pape to discuss an updated bike-path inventory of conditions and problems, a priority list and what entity is responsible for maintenance.

The first quarter-mile pathway – “the high school section” in Big Piney from Milleg Lane to Leslie Lane – was built in 2001 and is maintained by Big Piney staff. Pinedale maintains all of the pathways within town limits – and the county might be on the hook to maintain more than it has.

The 2021 spreadsheet noted conditions such as crack depths, worn surface sealing and tree root damage, which commissioners also talked about at their Oct. 3 meeting as a growing problem.

Pape said he spoke with Mike Jackson of Rio Verde Engineering, who gave an estimate of $7,500 to $9,000 to record GPS locations and document conditions preferably by Nov. 30, Pape said.

“To do all of the engineering work and get a plan in front of us,” White asked.

Jackson said he would do an initial assessment, note what repairs are beyond the county’s maintenance abilities, what’s good “and then schedule it from there. Then go forward (and list) what needs to be replaced or repaired and bring that to you.”

“You have verified whose bike paths are whose,” Noble asked. Pape has. Noble said maintenance will bring “challenges.”

Jackson said he will present commissioners “with the most serious based on priorities from (their) perspective.”

“Once bad spots are documented, see how much you want to fix.”

Commissioner Doug Vickrey asked if $9,000 was the estimate’s top level – “Yes.”

White, Vickrey, Noble and commissioners Dave Stephens and Mack Bradley approved the expenditure, added to the county’s contract with Rio Verde.

Justice Center talks

While Pape gave his Road & Bridge report, Stephens asked him about one possible location for a new facility – by the county gravel pit next to Pinedale town shops on South Tyler Avenue.

“What’s your longevity going on there – four, five, 10 years,” Stephens asked. “What are you Thinking?”

That is one possible location Rio Verde mapped out five or six years ago at former Commissioner Joel Bousman’s request, Pape said. “The main pit will last quite awhile but we’ve already mapped out (and cleared) for that building. We probably have 10 years left there.”

The site mapped by Eric Sackett covered 13 acres for parking and expansion, Pape said.

County administrator Jeness Saxton reported that all judges, staff and elected officials attended the justice center committee’s first meeting and decided a separate justice and law enforcement facility was their choice, leaving the historic courthouse for administration offices.

She said Sheriff KC Lehr’s contact consultant could meet with each department to determine square-footage needs for floor plans, conceptually analyze the different sites and project non-construction and construction cost models.

This company’s evaluation if approved could take 2 to 3 months for a fixed $10,000 fee, Saxton said.

White said the county needs an evaluation at some point – “I would like to see what it looks like.” They unanimously voted “aye” to move forward.

The justice center committee was narrowed down to election officials and department heads who would make the move. The next committee meeting is 12 to 1 p.m. on Friday, Oct.27, in the Commissioners Meeting Room. The public is welcome.

Taxes

Melinkovich led a discussion with county treasurer Emily Paravicini, on “how to move forward” with as-yet unpaid ad valorem taxes from oil and gas operators. Ad valorem taxes are based on a percentage of producer’s sales and eight producers are on the county’s exemption payment program, he said.

Paravicini explained that due to a 2021 change in state law, producers had to change to monthly payments unless a county approved an exemption. Those who changed to monthly, the state said, still owe Sublette County for past unpaid ad valorem taxes for second half of 2021 and 2022 and agreed to repay at a rate of 8 percent a year every November for 13 years.

She said ad valorem taxes are based on previous production but weren’t paid back to the county for another year and a half, when adjustments would then be made previously to refund to producers some of the overpaid biannual payments. Those who underpaid, based on the prior year’s sales, would be billed to make up the difference.

However, in the process of changing how ad valorem taxes are collected, the state told all counties to defer half of 2021 and 2022 payments.

Sublette County’s monthly exemption contracts request 36 payments in three years and new ones require a bond, she said. “Some want to renegotiate the repayment process.”

That was why Jonah Energy’s Paul Ulrich appeared before commissioners – to ask for a 10-year repayment time frame for the second half of 2023 and all of 2024 taxes. Ulrich said Jonah’s back payments would be “roughly $9.5 to $10 million every year for the next 10 years.”

White responded with the possibility of a 5-year timeline; Ulrich said he would talk to his colleagues.

“We never felt that switching to monthly would work the way we wanted, Ulrich said. But he also questioned the $800,000-plus annual surety bond “in perpetuity to ensure we pay our taxes on time. It’s too much. It comes directly out of our pocket.”

He told commissioners they have flexibility to modify the contract. “The big issue for us is that surety bond. … A surety bond of $800,000 a year is not in our best interest.”

Melinkovich said changing Jonah’s terms could set a precedent that others might want extended.

Stephens pointed out another county’s losses when a producer with outstanding 2020-2021 taxes “literally walked away and left the 8-percent repayment out on a limb.”

Ulrich said Jonah was willing to move to monthly ad valorem payments to the Department of Revenue “to give you the assurance you have wanted, the state has wanted for some time.”

Paravicini said both Sublette County school districts that receive the mil “were made whole even though we’re doing deferments.”

The officials and Ulrich also reached an agreement on a past Jonah overpayment.

Hospital board

Tonia Hoffman, chair of the Sublette County Hospital District Board (SCHD), introduced Lindsey Bond from Star Valley, named interim administrator until a new CEO is hired.

At the commissioners’ previous meeting, Hoffman told them the hospital district was going in a different “leadership” direction and that longtime administrator Dave Doorn would be replaced.

Hoffman said she talked with USDA’s agent Lorraine Werner, who “asked for clarifications regarding our changes in leadership. … She wanted reassurances we had a changing-leadership plan in place.”

Hoffman said, “(Doorn) is willing to be a consultant for us; he’ll remain a committed partner.”

Later Hoffman confirmed to the Pinedale Roundup that Dr. Stephen Buck Wallace “is no longer with” the hospital district. “Because of the confidential nature of personnel issues, that is all the information I can share. We do wish him the best.”

Vickrey asked about nationwide health-care vacancies and how Sublette County’s critical access hospital under construction will draw enough staff.

“We have been very very fortunate,” Hoffman said. “COVID changed the landscape. People are wanting out of cities. … We feel we’re really strong in that area.”

SCHD is hosting career classes to build interest in certified nursing assistants (CNAs) and nurses, she said.

Bond added that the strategy is to find local citizens and students who are willing to train for these new careers. – and would already have homes and apartments.

Vickrey asked what the SCHD could offer as affordable housing. Hoffman said she and member Dave Bell are looking at ways to ensure local housing but “there is no clear silver bullet.”

This was also the first time the commissioners were presented with hospital construction vouchers.

BLM RMP

In old business, they discussed past meetings about the BLM’s Rock Springs draft environmental impact statement (EIS) and that Sublette County was not consulted as a “cooperating agency.”

Bradley said of the draft EIS and grazing policy of BLM’s preferred Alternative B: “If they don’t get what they want through a resource management plan, they will get it through policy changes.”

Vickrey said, “As far as the BLM is concerned, they have absolutely no intention of cooperating,” he said, adding this is a “pilot test – this whole part of the West is going to come under attack if we don’t stand up. … It’s important as individuals we make our point loud and clear.”