By DeeAnna Haney • SMN Intern

Perched atop a Canton nursing home roof, gleaming in the sun is the newest addition to the building, bringing it to the forefront of the green initiative in North Carolina.

Silver Bluff Village held a ribbon-cutting ceremony last week to celebrate the installation of a new solar energy system. It is the first nursing facility in the state to harness the sun for the building’s hot water needs.

Provided by SolTherm, a clean energy services firm based in Asheville, the 32 4-by-10 foot panels will provide up to 50 percent of the facility’s hot water consumption including bathing, cooking and other dietary requirements.

When SolTherm first approached Silver Bluff owners Bob and Lisa Leatherwood about how a solar energy project could benefit the 195-bed nursing home, the couple had already committed to reducing energy usage by replacing their plumbing fixtures, all light bulbs and upgrading their wastewater treatment facility.

The idea of using alternative water heating sources had crossed their minds during this building transformation two years ago, but they were sure the project would be far too expensive.

But SolTherm’s research results on the building quickly changed the couple’s minds. The company found that a solar hot water energy system would reduce the nursing home’s energy costs by 10 percent immediately, saving them an estimated $315,000 over 20 years if they participated in the NoCapEx program. (This number is assuming propane prices continue to increase at six percent each year).

Bob Leatherwood said he first thought it was too good to be true. With NoCapEx, the company promised to front the solar panel equipment and installation with no upfront cost to Silver Bluff. In return, the Leatherwoods were asked to sign a 20-year contract and pay a monthly fee.

After SolTherm’s proposal, Lisa Leatherwood said the decision to install was a “no-brainer.” “All we had to do was provide the building,” she said.

The Heliodyne solar panels capture the sun’s thermal energy by heated fluids in the solar collectors and then send it to heat exchangers. The solar heated water is then stored in a 2,000-gallon tank and can be used throughout the day.

According to SolTherm’s Web site, SolTherm.com, traditional hot water heaters waste as much as 35 percent fossil fuels. The solar panels work to reduce the use of a hot water heater thus saving money and environmental impact.

“This is something we would encourage anybody to look at and we’re very excited and glad to be an example in the community,” Bob Leatherwood said at the ceremony.

Lisa Leatherwood said she is pleased with the results of the solar panels already. The online monitoring system inside the building that tracks the system’s progress reads the facility has saved 225 trees, 221 gallons of gas and 6,746 vehicle miles to date.

“We’re proud to reduce our carbon footprint, create jobs and of course save money,” she said.

Canton will be opening its doors to new business when a long-awaited upgrade to its Champion Drive sewer line is completed next year.

The update, which town officials say has been on the list of top priorities for several years, will cost $1.2 million and should take a little more than a year to complete.

Town Manager Al Matthews said that the current system is already overtaxed, and that’s preventing potential new businesses to set up shop in the corridor that runs from Interstate 40 into downtown Canton along Champion Drive.

“The line is drastically undersized for the new growth and development along Champion Drive,” said Matthews. “It [the upgrade] is a fairly broad-reaching economic development tool as well as meeting those needs that are in existence now.”

According to Matthews, the current line is at such capacity right now that even existing businesses in the area are unable to expand and maintain sewer service.

Once the larger line is in place, however, it will serve the new livestock market and provide capacity for both business expansion and new businesses alike.

The crux of the problem, said Matthews, is an over-extension of the line’s original intent. For example, the portion that serves the multitude of businesses between Sagebrush Steakhouse and Arby’s was only originally intended to serve the steak restaurant. But when Canton saw explosive growth along the road, the sewer capacity didn’t expand along with it.

Now, with the birth of a new urgent care center on the road imminent, appropriate sewage capabilities are urgently needed.

As Matthews said, the concept has been bandied about for some time, with the idea being that larger, big-box stores may look to Canton – almost equidistant between Waynesville and Asheville – as the prime location to draw shoppers from the outskirts of both cities. The industrial park that is also tied onto the line is another prime candidate for expansion and additional business creation.

Now, said Matthews, the area will once again have the trifecta necessary for new building of any kind – open real estate, water services and sewer capabilities.

Funding will be coming from several different sources, including a $100,000 grant from the Golden Leaf Foundation and a $600,000 grant from the N.C. Rural Center. Matthews said the county has agreed to pay a share of the costs, though to what extent is as yet unclear.

County Commissioner Kevin Ensley expressed support for the project, deeming it beneficial for the whole of the county in terms of economic growth and development.

“When a sewer line goes in, then business will follow,” said Ensley.

Work on the improvements is slated to begin within months, said Matthews, who hopes to have a permit for the construction in hand within 60 days.

Balsam Range will perform a concert with Tony Rice and Bobby Hicks at 7:30 p.m. on Dec. 17 at the Colonial Theater in Canton.

Balsam Range is renowned bluegrass band based in Haywood County whose members include Buddy Melton, Tim Surrett, Marc Pruett, Caleb Smith and Darren Nicholson. Each one has extensive music credentials, and each brings a well-rounded, unique contribution to the fresh sound of this new bluegrass band.

The Canton concert includes nationally known artists Tony Rice and Bobby Hicks for what Balsam Range’s web site is calling a “Christmas party.”

Admission is $15. For tickets and information call 828.235.2760 or visit www.balsamrange.com.

Chances are, the identity of your garbage truck driver doesn’t always cross your mind. You probably give him a friendly smile if you happen to meet over the remnants of last night’s macaroni, but the odds on knowing his life story — or even his name — are pretty slim. He’s the guy who packs off your trash and carts your recycling away. But you may not know that, depending on where you live, he may also be packing heat.

That issue came up recently at a Canton town board meeting, where it came to light that town employees may, in fact, be carrying concealed weapons. Or not. Actually, no one’s quite sure.

“We had a written policy about the use of town vehicles,” said Town Manager Al Matthews. “In that policy, we said no alcohol, no illegal substances and no unlicensed weapons.” But in a routine update of the policy at a town board meeting, someone noticed a loophole. So unlicensed weapons are definitely out; but what about licensed ones?

The answer seemed to be an implicit “yes.” The town never said no, so if any of the 3,000-plus Haywood County residents with a concealed carry permit is in their employ, there’s a chance.

This verdict did not sit well with Alderman Eric Dills.

“If you have a concealed weapon permit, you can carry a concealed weapon with you to work for the town,” he said, voicing his considerable displeasure with the situation. “You can’t go down to Blue Ridge Paper and punch in with a pistol. It’s just a safety issue. It needs to stop. It needs to end.”

Matthews said he doesn’t know how many employees carry concealed weapons on the job, noting sagely that it would be hard to know as they are, in fact, concealed. But, he said, it’s never yet been a problem.

“There have been no issues of people carrying or possessing or any complaints regarding that,” he said.

Matthews and Assistant Town Manager Jason Burrell said that they’re gathering information for the next board meeting, putting out feelers to other towns to see what their policies are.

“We don’t want to be a trailblazer with this,” Matthews said.

They just want to set their rule by the bar others use, protect themselves against tragedy and liability. “It’s a very litigious society,” Matthews said.

If they’re looking for a standard in Western North Carolina, however, they’ll be a long time searching. A Smoky Mountain News check of other local governments found their policies range from long-held prohibitions to non-stances.

Waynesville prohibits it outright. If you’re on any piece of property that is owned, leased or controlled by the town, carrying your firearm – licensed or not – is illegal, regardless of whether you’re an employee.

“It wouldn’t make any difference if they had concealed carry permits or not,” said Waynesville Town Manager Lee Galloway. “It would still be prohibited on property owned, leased or possessed by the town. The two exceptions, he mentions, are law enforcement officers and the houses owned by the town that employees live in as part of their compensation.

Haywood County feels the same. Assistant County Manager Marty Stamey said they’ve long had in their policies prohibitions on packing.

“No one can carry a concealed handgun on property owned or operated by the county,” said Stamey.

On the other end of the spectrum, however, Sylva has no mention of weapons in its personnel policy, according to Town Manager Adrienne Isenhower, who said she also isn’t sure about how many of their employees are licensed to carry in the first place. It’s just never come up.

Bryson City Town Manager Larry Callicutt says that city’s position is roughly the same. They’ve got 33 employees, including their five aldermen, and the only restriction they’ve got is a ban on concealed weapons in town buildings. But any of those employees could easily be in town vehicles or on town duty with their concealed firearms. They’ve never been told not to.

Callicut also says he has no idea as to how many of his employees have permits, but his guess is at least a few.

“I’ve got one,” he says, with the caveat that he doesn’t bring it into the building.

According to Jennifer Canada with the North Carolina Attorney General’s office, local governments have long had the right to clamp down on whether their employees can bring weapons to work.

Under North Carolina General Statute 14-409.40, local governments can forbid their employees to carry firearms anywhere on any of their property or whenever they’re on town business. Many cities, towns and counties passed such ordinances soon after the measure was adopted in 1995 to protect their employees and citizens from danger and themselves from litigation, she said.

And, as Canton’s Matthews pointed out, in today’s world, it’s a necessary precaution.

Second Amendment scholar and expert Robert Cottrol, a professor at George Washington University Law School in Washington, D.C., said that even though the town might not be held liable in theory, the issue really hasn’t been tested in the high court.

“I think that’s a difficult question,” said Cottrol. “But if you follow what is the course in other areas — for example, if you are an employee and you’re driving a company vehicle and you get into an accident, obviously the company might be sued.”

Could that line of reasoning also apply to local governments in cases of firearm harm or misuse, even if the person isn’t given the weapon by the government or told they should use it? According to Cottrol, the answer is maybe.  

“The person is not necessarily carrying as part of his particular duties,” said Cottrol. “But nonetheless, the employee was in a particular place with the permission to be armed.”

Even, he notes, if the permission was only by omission – never saying no could imply yes. He also notes, however, that on the other side of that argument is that local government isn’t responsible for its employees actions with their firearms any more than the state can take the blame for what’s done with guns they permit.

“The state has given you a license to carry, but the state assumes no responsibility for your actions if you carry,” said Cottrol. “But the courts haven’t addressed it … at this point, I think these are still very much open questions.”

And that is what aldermen and town officials back in Canton are concerned about, and what other cities and towns may need to address, in case an improbable accident or unthinkable tragedy one day became a reality.

What the law says

NCGS 14-409.40(e) A county or municipality may regulate the transport, carrying, or possession of firearms by employees of the local unit of government in the course of their employment with that local unit of government.

By Kristen Davis • Contributing writer

Triple-threat musician Bryan McDowell was first introduced to bluegrass music as a young child while riding in the car with his parents. His father taught him and his sister, Emma, how to identify the sounds of the different instruments and would quiz them on the new knowledge.

“By the time I was 3 or 4, I could tell anybody what instrument was playing when they took a solo,” said Canton native McDowell, now 19 years old.

By age 5, McDowell liked the sound of the fiddle best, so he and his sister played with their parents at local churches as “The McDowell Family Band.” At age 9, McDowell began taking lessons from Arvil Freeman, the renowned old-time fiddler who is a native of Madison County. After the fiddle, the musically precocious pre-teen took up the mandolin and then the guitar.

Several years later in 2009, McDowell became the first musician in the history of the Walnut Valley Festival in Winfield, Kansas, (known as “Winfield”) to win first place in all three instrument categories — flat-pick guitar, fiddle and mandolin. McDowell’s two band mates and friends, Brandon Davis and Eric Hardin, won second and third place respectively in the flat-pick guitar competition. First known as “4 Fret Knot” then “Second Circle,” the three musicians now perform as the “Winfield Three.”

McDowell has not slowed down his big “year of firsts” in 2009. This fall, he has won the Galax Fiddlers Convention Guitar Competition, another mandolin championship at Winfield and the Georgia State championships for the flat-pick guitar, fiddle and mandolin.

Right before this year’s Winfield festival in September, McDowell released his first album, “The Contestant,” which is a compilation of his contest tunes and arrangements that he has played over the last two years.

“A lot of people were curious about how I actually sounded in the contest, so I tried to record something that depicted how I sound in the contest,” McDowell said. “It was a success in that it is like a snapshot of my playing at the time.”

To make the recordings sound as much like his live performance as possible, he would listen to the live recording or watch a video of his performance, he added.

While the songs on his “Contestant” album are traditional bluegrass tunes that he has embellished, his next album, which he is currently crafting, will include original material. Compared to the first, this next album will be “different by a long shot” because he has developed a different style, the singer-songwriter said. The album should be released within a year.

“Bryan has got his own style of playing,” said Freeman, who taught fiddle lessons to both McDowell and his sister, Emma. “While teaching him, that’s what I taught him to do — not play exactly like me, but take what I taught him and create his own style.”

McDowell’s approach to the fiddle is more progressive and jazz-like, whereas Freeman’s playing involves more bluegrass, country and “a little swing,” Freeman explained.

McDowell’s style has also been influenced by the bluegrass gospels song he played while performing with his parents and sister in their family band, said Donna McDowell, Bryan McDowell’s mother.  

“We always tried to pick music with a gospel message that would speak to people,” Donna McDowell added. “He still does some gospel, but he does a lot of other things. The biggest thing I see in his playing — I call it finesse. He has this really smooth style that folks enjoy listening to.”

Over the past two years, people all over the country have had the opportunity to hear Bryan McDowell play at shows and competitions — in Maine, New York, Colorado and throughout the southeast.  

When McDowell was a young boy, his family saw famous country-bluegrass singer/songwriter/fiddler Alison Krauss in concert and met her backstage. Krauss told her young fans, “If you play the music you love, you’ll always have an audience.” That truism has stuck with McDowell and his sister, their mother said.

Now, in addition to writing songs for his new album, McDowell is teaching music lessons in Waynesville.

“I want [the music] to be passed on,” McDowell said. “That’s how the music world is. You can’t be learning something and not pass it on to others, otherwise the music dies with you. That’s an idea [Freeman] instilled in me.”

As for his future plans, McDowell said he wants to focus on recording his music and playing shows with Davis and Hardin as “The Winfield Three.” Having won all the major competitions for the instruments he plays, he has his sights set on turning his musical passion into a feasible living. He is considering getting a college education, most likely in business rather than music.

“I was kind of ready to be done with contests,” McDowell added. “There’s a point when it’s kind of hypocritical to say that one musician is better than another one. At competitions, there’s a lot musicians can teach each other on any given day.”

Freeman said he hopes to see his former student pursue studio work rather than playing in a band long-term.

“I would love nothing more than to make a living playing music,” McDowell said. “Even if that wasn’t my main job, I never see myself laying down the instruments. I’d always have to be playing.”

For music clips and booking information, visit his web site: www.bryanmcdowellmusic.com.

In a downtown Canton alleyway, a rusty junction box juts out awkwardly from the sidewalk, long since abandoned to its purpose, while a few yards away broken bricks, orange traffic barrels and twisted lengths of caution tape lay in a heap atop a few pieces of old plywood. On the side of one building, a bright blue tarp hangs crookedly, covering pieces of exposed structure, with bricks on strings dangling precariously from its edges.

But this is not a construction site. This is what town officials call Colonial Alley, and its been sitting like this for a year now.

Greg Petty, owner of The Lunchbox, shares a wall with the alley, and he’s tired of patrons wondering what, exactly, he’s up to under that tarp or suspecting him of being closed. He has been asking the town for months now to deal with the disrepair and clutter in the alley.

“We’ve taken every step in the world to try to get it fixed,” he said, including attending town meetings and making specific requests of aldermen and Mayor Pat Smathers, but apparently to no avail.

“We were told that it would be done and it hasn’t been,” said Petty, who notes that he was told in July that work would begin within weeks.

The trouble began in November 2009 when Petty and Wilbur Davis, owner of the other building adjacent to the alley, noticed leakages on the walls they shared with it. The culprit was an outside wall, erected when a former storefront was leveled to make way for the alley itself. Those outside walls had, over time, begun to crack and separate from the walls of the remaining building, allowing moisture to creep in.

So the city took steps to repair the problem, and began pulling down the outside walls. However, laborers realized halfway in that the problems were deeper and outside their scope of expertise. Instead of being a quick fix, an engineer needed to be summoned, the project bid out and a licensed and experienced contractor would have to take over the job.

And it’s all these extra steps, said Assistant Town Manager Jason Burrell, that have taken much more time than expected.

“This is one of those things that, when you’re a government entity, you have to jump through some hoops,” said Burrell. Where a private citizen or business could see the problem and have it repaired nearly immediately, a government has to take steps to ensure that they’re getting the best deal possible for the taxpayer, he explains.

Burrell said that, after getting a structural engineer’s opinion on what the project actually needed, the town put the project out to bid twice but has had trouble generating interest among contractors who have the right mix of willingness and expertise.

When the town finally received a bid for an acceptable amount from an acceptable contractor, Burrell said that he and Town Manager Al Matthews took it to the aldermen immediately. That bid was approved four weeks ago.

But, said Burrell, when they went to execute the contract and get work going, they again ran into problems.

“We went to do that pretty much the next day, and honestly, we haven’t been able to get up with the contractor,” said Burrell. They called him, sent him a letter, even sent someone to his house, but all to no avail. In essence, that puts the town back at square one.

But to Petty, this doesn’t fly. While he’s concerned with the project’s completion, he said he’s been told several times that a clean-up effort would be taken up immediately. He is still waiting for action.

Matthews agreed that the alley’s appearance was less than ideal.

“It looks bad,” he said. “There’s no doubt it looks like a construction site. But we’re going to get some casual labor, we hope, to pull off the old stucco and start at the top and get the top caps back on, back in place,” which would eliminate the need for the unsightly blue tarp and its fringe of swinging bricks suspended 10 feet off the ground.

Petty said he hopes that’s true, but if no action is taken soon, he intends to climb up himself and at least replace the blue with a clear, more attractive tarp.

“I don’t have a gripe with anyone individually,” Petty said, “but something needs to be done. It needs to be fixed, and I think anyone can see that.”

Canton may be looking toward a new era of revitalization, thanks to a grant from the North Carolina Rural Center. The town was awarded $25,000 earlier this fall for the Step Up Canton program, which will formulate strategies for economic growth and development.

Asheville-based mountain and bluegrass group Sons of Ralph will perform a fundraising concert for the Canton Lions Club from 6 to 9 p.m. on Saturday, Aug. 28, at the historic Colonial Theatre in downtown Canton.

The Sons of Ralph play a wide variety of music, including many original songs. Their unique sound, which has been described as “Americana,” incorporates traditional mountain music, bluegrass, country and Western, folk, and classic rock. As a testament to the band’s popularity, readers of The Mountain Xpress have voted The Sons of Ralph “Best Local Band” for eight of the last 10 years, including 2007 and 2008.

All proceeds from the concert go to the Canton Lions Club, an active service organization dedicated to serving the people and community of Canton. As part of its continuing mission to serve, the Canton Lions Club provides college scholarships for deserving high school students, supports community organizations and donates thousands of dollars to local schools and charities. The club also sponsors Canton’s annual Labor Day rides.

$10. Tickets can be picked up (with cash or check made out to the Canton Lions Club) in Canton at Clay Dangerfield’s State Farm Insurance Office at 80 Crossroad Hill next to Ingles or at American Cleaners at 10 Penland St. in downtown. Advanced tickets can be mailed if ordered before Aug. 21.

For more information and to purchase tickets, contact Canton Lions Club President Patrick Willis at 828.279.6195.

Advocates for a cleaner Pigeon River have filed a formal challenge against a state water pollution permit for the Canton paper mill that was renewed this summer. They allege that Evergreen Packaging can well afford to be held to stricter environmental standards.

Though the Environmental Protection Agency took a rare step in demanding stricter standards from the N.C. Division of Water Quality, some say the federal agency did not go far enough.

“We really wish they had pushed the envelope even further,” said Hope Taylor, executive director of Clean Water for North Carolina. “We felt they had strong grounds to be able to do so.”

The advocates’ objections are many, but their two chief complaints are that the permit doesn’t adequately regulate the temperature and the color of the water discharged from the Canton paper mill into the Pigeon River.

The paper mill draws roughly 29 million gallons a day out of the river and uses it in myriad aspects of the paper making process — from cooling coal-fired boilers to flushing chemicals through wood pulp  — before returning it to the river.

“Citizens downstream from the plant are being deprived of high quality recreational experiences as well as a healthy environment to develop their businesses and raise their families,” said Iliff McMahan, Jr., Mayor of Cocke County, Tenn., in a statement.

Mike Cohen, a spokesman for Evergreen, said the company has no public comment about the appeal that was filed.  

Sergei Chernikov, the state environmental engineer who was charged with writing the permit, said he, too, could not comment.

Jamie Kritzer, a spokesman for the N.C. Department of Environment and Natural Resources, confirmed the agency had received the petition last week.

“We haven’t had an opportunity to review the specific comments made in the challenge,” said Kritzer. “Challenges like this are very much a part of the process.”

The mill must renew its water pollution permit every five years. The state imposes tougher limits on the mill every time the permit comes up, and as a result, the Pigeon River has made a dramatic turnaround in water quality.

During the 1990s, the mill embarked on a $300 million environmental overhaul, spurred partly by lawsuits. Fish consumption advisories for every species in the Pigeon have now been lifted due to the major reduction of chemicals. The better water quality gets, the tougher it gets to make additional incremental improvements, however.

As for the next step, a formal hearing akin to a court proceeding will be held by the N.C. Office of Administrative Hearings, likely three to four months from now. In the meantime, all parties will be allowed to file more detailed pre-hearing statements, which will include facts that will be used to determine the case. The current permit will remain in effect unless it is overturned.

Opponents line up

The Southern Environmental Law Center will argue the appeal on behalf of Clean Water Expected for East Tennessee, Clean Water for North Carolina, Cocke County, Tenn.; the Tennessee Chapter of the Sierra Club, Tennessee Conservation Voters, Tennessee Scenic Rivers Association and Western North Carolina Alliance.

The sheer number of groups that have signed on is telling, according to Hartwell Carson, French Broad Riverkeeper for the Western North Carolina Alliance.

“This is a big deal,” said Carson “ You have county government, you have environmental groups, you have rafting folks. It’s a pretty broad spectrum.”

In filing the challenge, the groups cited a 2007 incident in which hot water discharged from the mill killed more than 8,000 fish. That occurrence did not count as a violation of the mill’s permit, which measures compliance based on a monthly average. The spike, while deadly to fish, did not bump the mill to more than the monthly temperature requirements.

For Carson, the new permit still has no safeguards to prevent a similar occurrence in the future.

It allows Evergreen Packaging to raise the water temperature in the river by a monthly average of 8.5 degrees Celsius when comparing the water upstream of the mill to that downstream.

The state’s proposed permit would have allowed the water temperature to be increased by 13 degrees – instead of only 8.5 if the EPA hadn’t intervened. Also, the state’s draft permit didn’t require sampling of fish tissue for dioxins, cancer causing chemicals.

For Carson, having a daily — not monthly — limit for how much the mill’s discharge raises the temperature of the river is the only answer.

Opponents also point out that the temperature gauge is located nearly half a mile downstream from the mill. That gives the discharge a long distance to mix with the cooler water before being monitored, essentially sacrificing the stretch of river in between.

“It’s far too weak to protect the fisheries in this area,” said Taylor.

Another issue is the amount of color allowed by the latest permit. Color is measured in pounds of discharge per year. The new state permit allows Evergreen Packaging to dump 38,020 pounds per day. Four years from now, Evergreen will be required to reduce that figure to reach between 32,000 and 36,000 pounds of color per day. While it is less that what was allowed under the old permit, the mill had already reduced color to those levels.

“This is right around what they have been discharging anyway,” D.J. Gerken, senior attorney with the Southern Environmental Law Center. “It’s not tightening down at all.”

Threat to jobs?

Many in Haywood County have stood up for the mill, arguing that stricter environmental regulations might put the paper mill out of business and deal a massive blow to its workers along with the local economy.

Haywood County commissioners approved a resolution in support of the mill and against the EPA’s objections in March. The resolution first cited that the mill currently employs more than 1,000 area residents.

Commissioners said they supported the state in saying that the color standard is purely “an aesthetics concern and not based on scientific evidence.” They pointed out that 22 other states have similar effluent color standards as North Carolina.

“The [EPA’s] proposed color limit requirements appear to single out Evergreen Packaging without the benefit of support from scientific data,” the resolution said.

Disagreeing with the economic argument, however, Taylor alleges that the Canton paper mill even has a chance of saving money by using more efficient methods that also decrease pollution.

“The mill has available affordable technology that are no threat to the mill or jobs,” said Taylor.

Taylor said she was confident that the current permit requires “significantly less” than what is reasonable and best available technology would require, which is precisely what the Clean Water Act calls for.

“The permit limit is so weak,” said Taylor. “It doesn’t require significant progress at all.”

N.C. senators voted 47-1 to ban the video gambling machines that have evolved to circumvent a statewide ban. Court battles waged by the gaming industry had previously stalled new legislation to outlaw video sweepstakes.

The ban proposed in the House would go into effect Dec. 1. Towns like Maggie Valley, Franklin, Canton and Hendersonville would no longer be able to charge the $2,500 or more annual licensing fees on the newly illegal businesses.

Rapp, D-Mars Hill — who has been a major opponent of video gambling all along — looks forward to finally voting against sweepstakes in the House.

“It’s spreading like a contagion, and it’s got to be stopped,” said Rapp. “This puts an exclamation point on the fact that it’s an illegal activity.”

Sen. Joe Sam Queen, D-Waynesville, wholeheartedly supported a total ban on sweepstakes machines when it came to a vote in the Senate.

“These parlors are nothing more than unregulated casinos operating outside the law,” said Queen. “I listened to all sides, but stand firmly with the sheriffs and police chiefs across the state who asked us to tighten the law because of the increase in crime and high social costs that come with these illicit operations.”

Rapp cited a desperate woman in Marshall who robbed a Wachovia Bank after running up debt at two video sweepstakes places.

Rapp also pointed out that the machines are predominantly found in poor neighborhoods. According to a survey conducted in Florida, the majority of people who play earn less than $30,000 a year or are retirees.

But the gaming industry — which previously denied that internet sweepstakes were at all related to video gambling — argues now that regulation is the key. It would protect customers and create accountability for businesses.

“[Taxation] would provide more than $500 million a year in revenue according to recent figures released by the N.C. Lottery,” said William Thevaos, president of the Entertainment Group of North Carolina. “Lawmakers know there’s a pot of money there if they would just regulate it and tax it.”

Rapp has hardly been won over by the argument.

“If an activity’s wrong, you don’t do it,” said Rapp, adding that most people would not advocate making other illegal activities permissible simply to generate revenue.

Rapp said out of frustration, he has sometimes considered resorting to what his attorneys term the “nuclear option” — banning sweepstakes of all kinds.

“Every time we try to do this surgically, and sit there with our lawyers, it’s a challenge,” said Rapp. “[But] cooler heads prevailed.”