SUBLETTE COUNTY – After several recent meetings, the Sublette County’s 2023 draft planning regulations are back on the table for the county’s Planning & Zoning Commission after the Sublette County commissioners fired its consultant.

March 18

On March 18 at Marbleton Town Hall, the Sublette County Board of Commissioners (BOCC), unhappy with the long-awaited final version of changes provided by Whiskey Rock Consulting, terminated the contract with Jeremy Grimm and moved to pay the balance due.

Commissioners Dave Stephens, Sam White, chair Lynn Bernard, Mack Bradley and Doug Vickrey made the motion after hearing from Sublette County Planner Dennis Fornstrom, who brought up Whiskey Rock’s “red-lined” document and “overall performance.”

They then agreed that the Planning & Zoning Commission would not rely on the Whiskey Rock version but pick up their 2023 drafted regulations. The consultant was hired to clarify and revise parts that were unclear or might have procedural conflicts.

A previous board of commissioners had selected Whiskey Rock Consulting to make sure the 2023 drafted regulations – compiled from many hours of the volunteer board’s meetings, compromises and public inputs.

At times, frustrated P&Z members and the public complained that Grimm apparently worked with Fornstrom and assistant planner Tess Soll but not with either of them.

March 20

P&Z Commission Chair Chris Lacinak opened that meeting with members vice chair Blake Greenhalgh, Ken Marincic, Holly Roberts and Chase Harber – the last two most recently appointed.

(In the meeting’s final 4 minutes, Harber moved to elect a new chair and nominated Roberts. She was elected unanimously and Lacinak remains as a member.)

Before that, though, he reported on the BOCC’s March 18 meeting and termination of the Whiskey Rock contract. “We’ve been given the charge to continue working on regulation revisions.”

“We didn’t know where any of this was going until Tuesday (March 18),” Lacinak said.

He suggested picking up on the October 2023 draft regulations “which had a ton of public input … through multiple boards.”

The P&Z Commission and public had posed many questions about the 2023 draft regulations, and expected the consultant to get back to them with answers. The Whiskey Rock document could still be used “where it makes sense,” Lacinak said.

Challenge

On March 20, Roberts chastised Lacinak for representing himself to BOCC “as the chair of the board.”

“Honestly, I was a bit taken taken aback and I guess I don’t appreciate you going to the commissioners and posing that you represent the board because I liked our interaction with Whiskey Rock. I thought we were on a good path. I completely disagree with everything you took to the commissioners and I don’t appreciate that you posed as the chairman of the board that we all agree with you because I, 100 percent, do not.”

“I am the chair. I did not represent myself as representing the entire board,” Lacinak said. “If I was a member of the board I would have said ‘as a member of the board.’”

Roberts continued: “I feel like you used your weight as chairman to sway the BOCC when I 100 percent don’t agree with you. … Irregardless of what some commissioners thought I did read through all of it thoroughly.”

“I respect that you feel that way,” Lacinak said. “It was not my intention to say I was representing the whole board.”

Roberts, Marincic and Harber said they liked “the product” and wanted to submit the red-lined version to commissioners for approval; if the county commissioners wanted, they could review the entire Whiskey Rock version, make notes and send it back to them.

“If (BOCC) don’t like them, they can put in the work and let the public talk to them,” Harber said.

Lacinak and Greenhalgh favored working with the already-vetted 2023 regulations because members and public had worked closely through them.

“There wasn’t a single commissioner that thought (the Whiskey Rock product) was ready for prime time,” Lacinak said.

‘Issues’

Lacinak said the Whiskey Rock version had “a number of issues” including Grimm’s “extreme unwillingness to engage the Planning & Zoning Commission” and he felt “blocked from engaging. Those things lead me to question the veracity of the final product.”

The contract’s scope “was to clarify what we had done to make sure we complied with the format (and statutes),” he said.

“These were not clarifications. There was a whole new section that wasn’t part of the process. We asked a bunch of questions and put in our comments and in 2023 we were told we would get those answers,” he said.

Roberts acknowledged “a lack of communication” but, she said, Grimm did work directly with Fornstrom and Soll and she liked the “final product.”

Marincic agreed. “I thought it was a great presentation and I appreciate the work that was done.”

Harber said he and Roberts came in a little late in the years-long process. “My major question is what deficiencies are there other than ‘process?’ Are we just upset the contract wasn’t fulfilled the way it was written or was the product deficient in some way?”

Harber said he was not interested in revising regulations to please people with special interests.

Lacinak said the goal is to fulfill Sublette County interests.

“What we submitted to the BOCC in 2023 was very much a work in progress,” he explained. “We thought it would come back to us and we would continue working on it.”

All agreed they needed more BOCC direction and a timeline.

Throughout years of P&Z meetings, a changing board had commented about the lack of feedback and delayed updates. What was anticipated in April 2024 stretched to March 2025, ending with the BOCC’s termination.

P&Z public comment

“I have read through the red-line (document) and I don’t think a lot of concerns over the last four years have been considered,” said Tami Crosson on March 20, especially with agriculture zoning.

Consultant Grimm spoke up via TEAMS, offering “free advice” of two or three public meetings to work through his version several chapters at a time and send him questions. “I would be happy to be a resource.”

John Carter and Dan Bailey said they didn’t feel their extensive comments were considered. Bailey and Lisi Krall encouraged the P&Z Commission to get direction from the BOCC.

Krall worried how the public would be informed and provide input.

Greenhalgh asked how citizens could comment as they go through chapters.

“Any way they can,” Lacinak said. “They can show up, write written comments.”

Former P&Z Commissioner Pat Burroughs said, “Apparently if you don’t write a letter or email then it … is just flown out the window. At (the March 4) BOCC meeting, Dennis Fornstrom said multiple times, ‘I have not received any information from anybody.’”

She advised people to submit written P&Z input to the BOCC, the entire P&Z Commission and Fornstrom.

One Whiskey Rock addition was cluster developments on 35 acres, she said.

“It just dropped out of the sky. It was not discussed at P&Z meetings. Dennis and Tess said ‘we like it and it needs to be in there so we’re putting it in there.’ Things that the county planner decided by himself. It should be an elected position – they make too many decisions on their own.”

Grimm suggested, “Instead of starting with the 2023 version – start with the one I sent to you.”

He said he reorganized the 2023 regulations in a way that should show “what changes were made from 2023.”

Direction

“I’m hearing a few things,” Lacinak said. “The board would like more direction from the BOCC.”

The public felt their comments were not heard.

“And a clear plan for the public to participate.”

Greenhalgh said setting a timeline was essential to move forward. A start would be setting the first public meeting. He reassured the public their comments are heard.

“Did everybody get everything they wanted? No. … the 2023 regs were a great compromise on every level.”

“To be honest, I’m at the point where we should just vote on it tonight,” Roberts said. “I like the (Whiskey Rock) product that was presented and I say we just vote on it. … It’s a process that’s been long enough and I don’t think we need to go through it line item by line item.”

Greenhalgh said he understood – “But I would like to spend a little more due diligence and try to cone up with something everyone can work with and we can actually get passed through.”

Harber favored sending the Whiskey Rock version to the BOCC. Marincic said he had listened to and read comments.

“I would like to make a motion we pass on the Whiskey Rock version of the Planning and Zoning regulations to the Board of County Commissioners,” Roberts moved with Harber’s second.

They voted, 3-2, in favor of the Whiskey Rock version but the new focus would depend on BOCC’s direction, they agreed.

As a result, they asked Lacinak to contact County Clerk Carrie Long to be placed on the BOCC’s April 1 agenda.

New chair

“There’s been quite a little bit of angst against the office staff (Fornstrom and Soll) that I’ve heard and I’d like to pass on that I’m very pleased with the staff and what they’ve done,” Marincic said.

Greenhalgh recalled that Fornstrom walked into an empty office after then-planner Bart Myers’ sudden death – “We’ve come a long, long ways.”

“In that same vein,” Harber said, they were now in a better position to vote on a new chair. “Given some of those comments, for the sake of the time of this board I’d like to motion that we make Holly chair.’

The vote was unanimous.

Direction

As the new chair, Roberts called in to the April 1 BOCC meeting. Greenhalgh attended in the audience.

She asked for “a better idea of what you didn’t like” about the Whiskey Rock version.

Commissioner Bradley said he read 92 pages and had issues with RV, feedlot, fences and dark skies and tables he couldn’t read. The red-lined version was very difficult to read although “it has some useful aspects to it.”

Vickrey read about 45 pages and said he heard concerns about short-term rentals and more concise definitions.

“It feels like a big push to get this done quickly,” he said.

He advocated slow controlled growth “so Sublette County is still Sublette County in 25 years.” Major developments miles away from “hubs” should be limited, he said.

Thoughts

Stephens told Roberts he attended the March 20 meeting.
“Sounds like some of the P&Z board is getting tired. You were one – ‘put it in an envelope and mail it to us.’ You made a motion … to wash your hands and and send it to us.”

Roberts said she likes “the product” and was trying to get feedback, not wash her hands of it.

It was true “that part of us wanted to go through it again and part of us wanted to move forward.”

White said Whiskey Rock was supposed to revise the 2023 draft regulations for a final product.

Vickrey commented that only Lacinak questioned Grimm after the Whiskey Rock presentation and he was “chastised for it.”

“I had the uncomfortable feeling the board didn’t go through the Whiskey Rock (report); they didn’t have questions.”

This P&Z Commission is tasked with coming up with a concise, sensible document that will guide Sublette County development for the next 25 or 30 years, Vickrey said.

Chair Bernard asked if the public commented.

Greenhalgh said they had expected more comments “about what they didn’t like” after Grimm’s Whiskey Rock presentation. “That’s the first time we met him.”

Forward

The first P&Z Commission special meeting is set for April 24, and Greenhalgh said the board hoped to work from the Whiskey Rock document unless the BOCC had specific directions. He reminded commissioners the P&Z Commission did not hire the consultant.

“The (BOCC) voted to continue with the 2023 at that time and not use the Whiskey Rock,” Bernard said, adding he assumed there will be public comment. “You could take in two documents, pull from Whiskey Rock and put it in the 2023.”

“Whiskey Rock is a non-topic at this point,” White said. “We will refer to the 2023. You are entitled to take elements (but) the Whiskey Rock draft is no longer valid.”

He asked if Fornstrom and Soll would participate. Melinkovich said they have “special expertise “and could be used as references.

Coming up

The Sublette County Board of Commissioners meets next on Tuesday, April 15.

The P&Z Commission’s next regular meeting is Thursday, April 17, and five or six special meetings to discuss regulations will start on April 24, for the first two chapters of the 2023 regulations. The goal is to be finished by July.

Agendas, minutes and audio recordings are available at www.sublettecountywy.gov.