The Yellowstone County Board of Commissioners on Tuesday voted to vacate Resolution 25-96 after the Fuego Fire Service Area asked the board to withdraw a proposed change to its fee schedule.

County staff member Steve told the commissioners the fire service area “would like to withdraw that request” after further consideration with the department and local citizens, and asked the board to vacate the public hearing. The board approved a motion to vacate the resolution after a second and voice vote.

The action ended the formal hearing; no fee change was adopted. The request for withdrawal arrived in a letter submitted to the commissioners late last week, Steve said, and staff presented the letter during the public hearing.

Separately during the county-business public comment period, Kevin Nelson of 4235 Bruce Avenue raised concerns about a proposed expansion of a South Billings tax-increment financing (TIF) district and asked how the expansion would affect county taxpayers.

Nelson said the expansion under discussion at a recent South Billings Urban Renewal Association meeting would extend the TIF “all the way up to the refinery” and capture county tax increment that, he said, could be used to build a City of Billings swimming pool at South Park. “Are we going to have a meeting here? Is it going to be publicly noticed? So everyone in the county at least will have the opportunity to come down here and express their concern?” Nelson asked.

Chair (presiding commissioner) replied that the board would refer Nelson’s statutory questions to the county legal counsel, noting the matter concerns the statute that requires affected taxing jurisdictions be given an opportunity to comment. The chair said the board would have counsel (referred to in the meeting as Mr. Williams) review the statutory requirements and provide guidance on the county’s options and on what constitutes the legally required “effect on the county.”

Nelson also told the board the new state law requires that the county be represented on TIF boards and that the law takes effect Oct. 1; he urged the commissioners to prepare nominations to represent the county on three TIF boards (Downtown, East End, and South Billings).

Discussion: Commissioners did not debate or vote on any TIF expansion during the meeting; the board’s formal action at the public hearing was limited to vacating Resolution 25-96 at the request of the Fuego Fire Service Area.

Decision/direction: The board vacated Resolution 25-96. The board directed staff or legal counsel to review the county’s statutory role and notice requirements related to TIF expansions and to advise the commissioners on next steps.

Background: TIF expansions capture incremental tax revenues from affected taxing jurisdictions for redevelopment projects; public commenters and affected taxing jurisdictions often ask for meetings or analyses of fiscal impact when an expansion is proposed. At Tuesday’s meeting, the board did not adopt any new fees for the Fuego Fire Service Area.

Looking ahead: The board’s legal counsel will review the statute and the public-notice requirements, and the commissioners may act later on any recommendations regarding county representation on TIF boards or on formal county responses to a proposed TIF expansion.