Rutherford County  
Meeting Minutes - Draft - Outline  
Board of Commissioners  
Monday, August 1, 2022  
6:00 PM  
289 N. Main St. Rutherfordton NC 28139 Commission  
Chambers  
I. Call to Order  
Chairman King called the August 1, 2022 meeting of the Rutherford County Board of  
Commissioners to order.  
5 -  
Present:  
Chairperson Bryan King, Vice Chairperson Alan Toney, Commissioner  
Michael Benfield, Commissioner Greg Lovelace and Commissioner  
David Hunt  
A. Pledge of Allegiance  
Board of Education Member Angel King led in the Pledge of Allegiance.  
B. Agenda Approval  
Commissioner Hunt moved to approve the agenda. Vice Chairman Toney  
seconded the motion. The vote on the motion was:  
5 -  
Aye:  
Commissioner King, Commissioner Toney, Commissioner  
Benfield, Commissioner Lovelace and Commissioner Hunt  
0
Nay:  
II. Public Comments  
III. Consent Agenda  
There were no public comments.  
Commissioner Lovelace moved to approve the Consent Agenda. Commissioner  
Hunt seconded the motion. The vote on the motion was:  
5 -  
Aye:  
Commissioner King, Commissioner Toney, Commissioner Benfield,  
Commissioner Lovelace and Commissioner Hunt  
0
Nay:  
Minutes of July 5, 2022 County Commissioners’ Meeting  
A.  
B.  
Attachments:  
Tax Refunds and Releases July 2022  
Attachments:  
IV. Commissioners/Appointments  
A.  
Appointment of Chairperson of the Rutherford County Tourism  
Development Authority  
Attachments:  
House Bill 414 enacted on June 9, 2011 states that the Rutherford County Board of  
Commissioners shall designate one member of the Rutherford County Tourism  
Development Authority (TDA) to serve as chair of the TDA. The bylaws of the Rutherford  
County Tourism Development Authority contain the same language. The TDA voted to  
recommend that Mr. Dave Long be appointed by the Board of Commissioners as  
Chairperson of the TDA for the upcoming year.  
Commissioner Hunt moved to appoint Mr. Dave Long to serve as Chairperson of  
the Tourism Development Authority. Commissioner Benfield seconded the  
motion. The vote on the motion was:  
5 -  
Aye:  
Commissioner King, Commissioner Toney, Commissioner Benfield,  
Commissioner Lovelace and Commissioner Hunt  
0
Nay:  
Appointment to Workforce Development Board  
B.  
Chamber of Commerce Director Cindy Cobb had indicated her willingness to serve on the  
Workforce Development Board representing Small Business. She would be replacing  
former Chamber of Commerce Director Clark Poole.  
Commissioner Lovelace made a motion to appoint Ms. Cindy Cobb to the  
Workforce Development Board representing Small Business to a term expiring  
June 30, 2024. Commissioner Hunt seconded the motion. The vote on the motion  
was:  
5 -  
Aye:  
Commissioner King, Commissioner Toney, Commissioner Benfield,  
Commissioner Lovelace and Commissioner Hunt  
0
Nay:  
V. New Business  
Budget Amendments - August 2022  
A.  
Attachments:  
County Manager Steve Garrison presented budget amendments for the Board’s  
consideration.  
Commissioner Lovelace moved to approve budget amendments. Commissioner  
Hunt seconded the motion. The vote on the motion was:  
5 -  
Aye:  
Commissioner King, Commissioner Toney, Commissioner Benfield,  
Commissioner Lovelace and Commissioner Hunt  
0
Nay:  
Agreement for Purchase of Real Property Contingent on Due Diligence  
B.  
Manager Garrison presented an Agreement for Purchase and Sale of Real Property  
owned by the Rutherford County Fire/Rescue Association located at 545 Laurel Hill Drive  
in Rutherfordton. The negotiated purchase price would be $47,000 for five (5) acres. He  
explained that the property would be used for the possible relocation of the Animal  
Control Department. An old fire tower on the property would be demolished. A metal  
building which is also on the property is in good condition and could be reused.  
Commissioner Benfield moved to approve the Agreement for Purchase and Sale  
of Real Property located at 545 Laurel Hill Drive in Rutherfordton. Commissioner  
Hunt seconded the motion. The vote on the motion was:  
5 -  
Aye:  
Commissioner King, Commissioner Toney, Commissioner Benfield,  
Commissioner Lovelace and Commissioner Hunt  
0
Nay:  
Updated Pricing for Tire Recycling  
C.  
Attachments:  
Solid Waste Director told the Board that the new Recycling and Disposal Contract for tire  
recycling includes increased prices from U.S. Tire Recycling. He requested that the  
Solid Waste Department be authorized to adjust pricing to cover this increase.  
Recommended pricing was:  
Current Price  
Lawnmower/golf cart tires  
Proposed Price  
$ .50 each $ 1.00 each  
Car/Motorcycle Tires $ 1.00 $ 3.00  
Truck Tires $ 5.00 $10.00  
Tractor Tires  
Skidder Tires  
$10.00 $20.00  
$30.00 $40.00  
Commissioner Hunt moved to approve the recommended pricing for the  
recycling of used tires at the landfill. Commissioner Benfield seconded the  
motion. The vote on the motion was:  
5 -  
Aye:  
Commissioner King, Commissioner Toney, Commissioner Benfield,  
Commissioner Lovelace and Commissioner Hunt  
0
Nay:  
Scrap Tire Recycling and Disposal Contract  
D.  
Attachments:  
Solid Waste Director James Kilgo presented a renewed contract between Rutherford  
County and U.S. Tire Recycling for the recycling and disposal of tires and other scrap  
rubber. The current contract will expire at the end of September, 2022.  
Commissioner Benfield moved to approve the renewal of the contract with U.S.  
Tire Recycling negotiated by the County Manager and the County Attorney and  
authorize the County Manager, Finance Director, Clerk to the Board and other  
County officials to sign and execute all documents in support of this action.  
Commissioner Lovelace seconded the motion. The vote on the motion was:  
5 -  
Aye:  
Commissioner King, Commissioner Toney, Commissioner Benfield,  
Commissioner Lovelace and Commissioner Hunt  
0
Nay:  
E.  
2023-2024 North Carolina Association of County Commissioners  
Legislative Goals  
Attachments:  
County Manager Garrison said the North Carolina Association of County Commissioners  
(NCACC) solicits goals from each for the 100 counties to give all counties a voice in  
developing the Association’s legislative agenda. Commissioners from all across the state  
review, debate and ultimately approve a goals package. Goals had been solicited from  
community stake holders in Rutherford County. He presented possible goals that could  
be submitted by Rutherford County for the Board’s consideration. The recommendations  
from Rutherford County included eight (8) Public Education goals, eight (8) Tax &  
Finance goals, four (4) Justice & Public Safety goals, four (4) General Government  
goals, five (5) Health & Human Services goals, two (2) Agriculture goals and two (2)  
Environment goals for a total of thirty-three (33) goals. Several of the goals are  
carry-overs from prior NCACC legislative goals that have not been addressed or  
prioritized.  
The goals may be submitted with a letter form the Chairman on behalf of the full Board.  
Commissioner Hunt moved to authorize the Chairman to submit a letter on behalf  
of the Board requesting that Rutherford County’s goals be considered for addition  
to the NCACC’s legislative goals package. Vice Chairman Toney seconded the  
motion. The vote on the motion was:  
5 -  
Aye:  
Commissioner King, Commissioner Toney, Commissioner Benfield,  
Commissioner Lovelace and Commissioner Hunt  
0
Nay:  
2022-2023 NCACC Commissioner Legislative Goals —  
Rutherford County  
Public Education:  
·
PUBLIC EDUCATION – Restore the full funding for school construction needs either  
on an equitable basis and/or with a preference to the most impoverished counties. The  
addition of one of the other proposed funding formulas for school capital, would certainly  
accelerate much needed replacement and renovation of school buildings in our low  
wealth, Tier I county.  
·
PUBLIC EDUCATION - Remove $100M cap from Lottery Proceeds that are allocated  
to school capital. When the Lottery started in 2006, 40% of proceeds were to be  
allocated to the Public School Building Capital Fund. With the cap in place this  
contribution percentage has continued to decrease. With funding ending in 2013 with the  
elimination of corporate income tax allocations, many counties were at a disadvantage as  
those funds were already committed to debt service. Fortunately, there have been some  
new programs such as the Needs-Based Public School Fund grant, but this does not  
help all counties equitably as the funds within the $100M cap would do (allocated based  
upon ADM of LEAs).  
·
PUBLIC EDUCATION – The legislative budget appropriations over the last couple of  
budget cycles have provided some relief to community colleges, but the funding  
continues to be inadequate to address the post-recession capital facility needs of the  
community colleges. With the ConnectNC bonds, over $600 million went to the  
universities, which are in sixteen counties (predominantly urban areas), and $350 million  
went to the 58 community colleges and satellite campuses (predominantly rural areas).  
The glaring difference being that rural counties are carrying the primary financial burden  
and debt service for the significant repair and renovation costs as the community  
colleges age. An infusion of money into rural counties to help with construction and repair  
and renovation of community college buildings would relieve the tax burden on the more  
challenged counties and help to rebuild the economy in those counties. It goes without  
saying that it would also enhance the educational environment of the colleges, which are  
very important to North Carolina and its future. One of our goals should be to seek  
legislation to address statewide community college capital challenges--including but not  
limited to maintenance, renovation, construction and debt--through a dedicated, stable  
funding stream that is consistent from county to county and sufficient to meet the facility  
needs of the community colleges.  
·
PUBLIC EDUCATION – Support legislation to fully fund state-mandated education  
programs from state revenue sources including Exceptional Children’s Services.  
Legislators have been hesitant to make funding formula changes due to discussion  
regarding changes in the method of funding public education in NC. Although full funding  
for all programs is important, the actual decreases in the per pupil funding levels for  
Exceptional Children (EC) is most impactful as the costs and requirements for these  
students continue to increase and flat or decreased funding is not sustainable due to the  
annual Maintenance of Effort (MOE) requirements imposed by the federal government for  
provision of EC services as detailed in their IEP plans. Well over half, 61%, of the  
State’s school districts are subjected to the arbitrary EC funding cap (13%). Legislators  
could help relieve this deficit, simply by increasing the annual per pupil funding amount, if  
they are not yet prepared to lift the cap or make other major formula changes.  
·
PUBLIC EDUCATION – Support legislation providing for funding to help school  
systems implement school security measures via technology and staff resources,  
primarily School Resource Officers (SROs). Current funding for the school systems  
receive to cover a portion of  
the cost of the SROs is not keeping pace with the annual salary and benefit  
adjustments, which  
places additional burden on the County taxpayers to cover these additional expenditures.  
·
PUBLIC EDUCATION — Support full funding for public education as detailed in the  
recent WestEd recommendations to resolve the Leandro court case. Support of the  
Leandro funding is still a valid and important goal and does include a provision for an  
increase in Exceptional Children program funding.  
·
PUBLIC EDUCATION - Increase the recurring student FTE value for community  
colleges to that equivalent to UNC courses that earn the same academic credit for  
students. This increase will bring North Carolina community colleges to the average  
percentage state funding per FTE student of our four surrounding states (Georgia, South  
Carolina, Tennessee, Virginia). Students in NC community colleges are currently funded  
at only 54% of UNC system freshman and sophomore students in comparable classes,  
despite smaller average class sizes and faculty credentials that meet or exceed those in  
the UNC System. An increase in the value of FTE would allow community colleges to  
enhance and expand their programs, delivery systems, and student support systems to  
better address the needs of rural NC. It would also allow community colleges to build  
much needed capacity to grow and adapt, innovating to improve student success and  
completion.  
·
PUBLIC EDUCATION - Encourage lawmakers to build on the 5% employee salary  
increases from the 2021-23 budget. An additional recurring 8%, over the next three years  
brings our faculty salaries to the projected average ($56,693) of the four states  
neighboring North Carolina (Georgia, South Carolina, Tennessee, Virginia). These  
recurring increases would be applied to all employee salaries. Providing the necessary  
education and services requires talent and human capital, which are proving to be the  
scarcest resources for our colleges as well, especially so in the rural colleges. Colleges  
are struggling to attract and retain the talent needed to satisfy this demand from students  
and employers. We are competing for talent against not only other educational entities,  
but also those same businesses we strive to serve. This competition crosses our  
borders, as we are often losing talent to neighboring states.  
Tax & Finance:  
·
TAX & FINANCE — Restore funding to the State Aid to Public Libraries Fund to the  
pre-2011 level of $15.7 million.  
TAX & FINANCE — Expand incentives and funding for local economic development  
projects including Site Development Revolving Assistance fund.  
TAX & FINANCE — Reduce pressure on property taxpayers by expanding  
·
·
locally-controlled options for revenue generation. Property taxes remain the primary  
revenue stream over which local governments exercise control. Local governments have  
limited ability or authority to raise significant revenue in other ways. A lack of diverse,  
local tax options can affect economic growth, as well as cause large swings in revenue  
based on economic changes. Local governments should have more local authority for  
calling for referendums for local options sales taxes, prepared food, and beverage taxes,  
or even real estate transfer tax.  
·
TAX & FINANCE - Increase public safety grant funding and expand allowable uses.  
More effective and equitable policing can be achieved by additional funding for  
community policing programs, as well as putting more dollars toward alternative programs  
that seek to address mental health calls and other issues through non-uniformed  
personnel. The funding could come as public safety without the tag of reducing police  
forces and increasing programs. Funding for communication equipment and staffing is  
not as readily available as it has in prior years.  
·
TAX & FINANCE - Ensure state funding for any new, state-mandated benefits for  
local government employees.  
TAX & FINANCE – Water and sewer system infrastructures across NC are  
aging/antiquated and are becoming increasingly insufficient to handle the growing  
demands placed on these systems, which are locally controlled by local government  
bodies. Provide funding to keep aging water and sewer systems financially solvent today  
and viable for the future. Also, create a permanent and adequate funding stream for local  
infrastructure needs and extend repayment terms of State Revolving Fund Loans to 40  
years, or the life of the asset – as the USDA loan programs often do.  
·
TAX & FINANCE – Provide local governments with the legal tools and funding to  
revitalize vacant and abandoned properties.  
TAX & FINANCE – Municipal governments are not able to keep pace with the  
·
demands placed on them to repair and resurface their secondary streets. Increased  
Powell Bill and other funding sources are needed.  
Justice and Public Safety:  
·
JUSTICE & PUBLIC SAFETY – In 2009 during the second year of the great  
recession, budget writers recommended to the legislature, which they approved, that the  
State shift to the counties the responsibility of covering the cost of housing and providing  
utilities for their State justice employees who are employed to manage and operate State  
Probation & Parole, Juvenile Services and Public Defenders Offices in county  
governments owned or leased spaces. We do not provide housing for other State  
departments/employees assigned to or county (e.g., NCDOT, Highway Patrol, DMV,  
ESC, etc.) and the State previously leased spaces from the County for their employees.  
Counties are currently carrying the burden of housing Probation & Parole, Juvenile  
Services and the Public Defenders Offices, which creates an additional burden when  
providing office space and parking is critical to county operations. Now that the State has  
experienced multiple budget cycles of revenues above projections, it is time to shift this  
burden back to the state and off the backs of the counties.  
·
JUSTICE & PUBLIC SAFETY – Support legislation to categorize public safety  
telecommunicators as First Responders in the protective service occupation under the  
Standard Occupational Classification System instead of in the Administrative Support  
classification. Public safety telecommunicators play a critical role in emergency  
response and the work performed by telecommunicators goes far beyond merely relaying  
information between the public and first responders. Information obtained and actions  
taken by telecommunicators form the foundation of an effective response. As an  
example, when a hostage taker or suicidal person calls 911, the first contact is with the  
telecommunicator whose negotiation skills can prevent the situations from worsening.  
Telecommunicators coach callers through first aid, give advice to prevent further harm,  
and they often communicate with people in great distress, harm, fear, or injury while  
employing their experience and training to recognize a critical piece of information. The  
work of public safety telecommunicators comes with an extreme emotional and physical  
impact that is compounded by long hours and the around-the-clock nature of the job.  
·
JUSTICE & PUBLIC SAFETY – Amend legislation to permit border counties to enter  
into mutual aid agreements with border counties in other states. NCGS 160A-288 is the  
current legislation regarding this topic.  
·
JUSTICE & PUBLIC SAFETY – Support legislation that provides Counties with  
greater flexibility in our use of 911 funds and protects our current funding streams.  
General Government:  
·
GENERAL GOVERNMENT – Allow Counties the discretion to create public-private  
partnerships to manage TDA functions. This would afford counties the opportunity to  
encourage public-private partnerships when in the best interest of the citizens.  
·
GENERAL GOVERNMENT – Advocate to the legislators to change the current State  
Transportation Improvement Program NCDOT SPOT 4.0 scoring methodology that we  
feel currently excludes rural communities (RPOs) from competing for state funding for our  
local interstate, highway and secondary road projects to ensure our economic prosperity.  
Based on the current scoring methodology, rural communities will NEVER have the  
population base, excessive congestion or traffic counts to compete with the MPOs. A  
continuation of this scoring methodology will negatively and exponentially impact our  
ability to create some level of our own economic sustainability, which will increase  
outward migration of our population to the larger, better served urban centers. NCACC’s  
advocacy for Legislative consideration is requested to stave off this widening urban vs.  
rural gap.  
·
GENERAL GOVERNMENT – Advocate for legislation to reinstate funding levels for  
electronics, tires and white goods recycling, which current legislation requires counties to  
separate these items and make available for recycling purposes. This is especially  
critical as the recycling market as severely eroded in NC and counties are especially hit  
with this financial burden.  
·
GENERAL GOVERNMENT – Allow local governments greater flexibility for publishing  
Public Notices including delinquent taxes via electronic formats (e.g., website, social  
media platforms, etc.). Printed news mediums continue to see huge declines in their  
subscriptions and are attempting to make up for lost revenue by charging local  
governments outrageous fees for publishing required public notices.  
Health & Human Services:  
·
HEALTH & HUMAN SERVICES – Revisit advocating for the reintroduction of  
legislation regarding adequately funding Public Health services.  
HEALTH & HUMAN SERVICES – Advocate for legislation for Medicaid  
·
reimbursement to EMS for mental health and substance abuse transport to crisis  
centers. This would assist county efforts to lower the number of patients at the ER and  
help open the door to allow us to be reimbursed for transports to other places than just  
hospitals.  
·
HEALTH & HUMAN SERVICES – Revisit 2017-2018 Legislative Goal HHS-3 and  
expand this to include Guardianship. The APS and Guardianship funds that we receive  
from the state are used very quickly and then we have to revert to county funds. During  
FY2017-2018, Rutherford County DSS expended approximately $70,000 in county funds.  
For APS statewide, funding was 3% state, 79% county and 18% federal.  
·
HEALTH & HUMAN SERVICES – Support legislation that will increase the recurring  
state funding for Home and Community Care Block Grant (HCCBG) programming.  
HCCBG funds non-Medicaid funded services like In-Home Aide, Meals on Wheels, Adult  
Daycare, etc. These are services that help maintain adults in their own homes, which is  
much less expensive than placement in a facility.  
·
HEALTH & HUMAN SERVICES – Support a revision to the provision in G.S. 108A-  
74 requiring counties to enter in annual written agreements for all social services program  
other than medical assistance and further support that this legislation be retracted.  
County DSS agencies exist as an arm/extension of the State government and are  
mandated to provide DSS services. Requiring counties to sign a written agreement for  
services we are mandated to provide is unreasonable.  
Agriculture Goals:  
·
AGRICULTURE — Support state funding and staffing for equine-agricultural  
research, NC State Extension Services and other equine-agriculture related efforts to  
support one of the potentially largest agriculture based economic drivers impacting  
counties within a 75-mile radius of the Tryon International Equestrian Center located in  
Polk County.  
·
AGRICULTURE — Support legislation allowing counties to partner with neighboring  
counties to establish multijurisdictional regional Agricultural Business Districts that allow  
for favorable taxation and incentives to attract agricultural businesses to the region.  
Environment Goals:  
·
ENVIRONMENT – Support state funding to research and combat invasive plant  
species that are  
overrunning many counties such as kudzu, ground ivy, Japanese Wisteria, Princess  
Tree, etc.  
·
ENVIRONMENT – Support legislation to increase funding for the Clean Water  
Management Trust Fund for water and sewer infrastructure projects.  
Request for Additional School Resource Officers (SRO)  
F.  
Attachments:  
Sheriff Chris Francis and Rutherford County Board of Education Chairman Phillip Morrow  
presented a request to add seven (7) new SROs to the County’s total Full Time  
Employees. Funds to cover the employees and to purchase additional vehicles and  
officer equipment will come from Rutherford County School’s local appropriation budgeted  
in FY 2022-2023, possibly from State SRO Funds, and from the Sheriff’s Department’s  
drug seizure and/or other Sheriff’s Department eligible and uncommitted revenue lines.  
County Manager Steve Garrison said the unknowns at the moment are what will be the  
ongoing/recurring expenses going forward (e.g., fuel, equipment replacement, future  
vehicle replacement, impact to risk management/liability policy, etc.). The number of  
new SROs could increase to eight (8) as Thomas Jefferson Classical Academy may  
request an additional officer.  
Chairman Morrow said Board of Education members were interested in putting fulltime  
SROs in each school after a recent tragedy at a school in Texas. Presently there are  
four (4) SROs for the ten (10) elementary schools. There are grants available that will  
pay for a portion of the salaries of each officer; however, there is no timeline on how long  
the grants will continue though it is anticipated that the grant program will continue next  
year.  
Chairman King advised that although the Board of Education will fund salaries for the  
additional SROs, the County must approve the number of officers for the Sheriff’s  
Department.  
A motion was made by Commissioner Lovelace and seconded by Commissioner  
Benfield to approve increasing up to eight (8) fulltime employees in the Sheriff’s  
Department as long as the parameters for the funding continue as explained by  
the Sheriff and Chairman Morrow. The vote on the motion was:  
5 -  
Aye:  
Commissioner King, Commissioner Toney, Commissioner Benfield,  
Commissioner Lovelace and Commissioner Hunt  
0
Nay:  
Stating the constraints of the budget, Commissioner Hunt asked that the eighth position  
not be added if it is determined that it is not needed. The Sheriff advised that he will not  
be utilizing the position unless it is funded by the local school system.  
Point of Order  
County Attorney Richard Williams called for a Point of Order explaining that there is a  
second reason for which a Closed Session is needed which is land acquisition under  
NCGS 143-318.11(a)(5).  
Commissioner Lovelace moved to add discussion regarding land acquisition  
under NCGS 143-318.11(a)(5) to the Closed Session agenda. Commissioner  
Benfield seconded the motion. The vote on the motion was:  
5 -  
Aye:  
Commissioner King, Commissioner Toney, Commissioner Benfield,  
Commissioner Lovelace and Commissioner Hunt  
0
Nay:  
VI. Closed Session  
A.  
ID 22-3224  
Closed Session - ATTORNEY CLIENT NCGS 143-318.11(a)(3) LAND  
ACQUISITION NCGS 143.318.11(a)(5)  
Vice Chairman Toney moved to go into Closed Session for discussion with the  
County Attorney (NCGS 143.318.11(a)(3)) and to discuss land acquisition (NCGS  
143.318.11(a)(5)). The County Manager and the Clerk to the Board would be  
included in the session. Project Manager Aubrey Clay would also be included in  
a portion of the discussion. Commissioner Lovelace seconded the motion. The  
vote on the motion was:  
5 -  
Aye:  
Commissioner King, Commissioner Toney, Commissioner Benfield,  
Commissioner Lovelace and Commissioner Hunt  
0
Nay:  
6:41 P.M.  
7:05 P.M.  
-
-
The Board went into Closed Session.  
The Board returned to Regular Session.  
VII. Information  
Tax Collector’s Report  
A.  
Attachments:  
VIII. Adjournment  
At 7:06 P.M. Commissioner Lovelace made a motion to adjourn. Commissioner  
Hunt seconded the motion. The vote on the motion was:  
5 -  
Aye:  
Commissioner King, Commissioner Toney, Commissioner Benfield,  
Commissioner Lovelace and Commissioner Hunt  
0
Nay: