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.”

In the eyes of Canton’s town leaders, the status quo in recreation funding just isn’t cutting it.

For years, the town of Canton has had to maintain an aging public pool and has struggled to obtain stadium lighting to allow night games at the International Paper sports complex, which could cost as much as $400,000.

Yet since the start of the recession, the town has received not a penny from the county to support recreation. Residents from all over the county, not just within town limits, use town facilities like the pool in Canton and the recreation center in Waynesville. Yet town taxpayers are left footing much of the bill without county support.

That prompted Canton’s mayor, all four of its aldermen and its town manager to show up to the last Haywood county commissioners meeting, requesting that recreation funding not only be restored, but also that it be doled out fairly.

“We feel like we’re not getting all the funding that we’re possibly entitled to receive,” said Canton Alderman Kenneth Holland.

Until the recession struck, Haywood County annually sent $30,000 Canton’s way for recreation, while sending $70,000 to Waynesville for the same purpose.

But last year the county eliminated recreation contributions for Canton and Waynesville and has revealed no plans for restoring it.

“The needs have been great, but funds have been few,” said Canton Mayor Pat Smathers.

Canton leaders say they feel shortchanged geographically. The resolution that the Canton board formally presented alleged that there were few programs “if any” and no facilities operated by the county recreation department in Canton and the rest of eastern Haywood County.

On the other hand, the county has begun planning a $6.3 million sports complex in Jonathan Creek after already completing the first county-developed park in Allens Creek. Both projects are in western Haywood County.

Canton’s board of aldermen have requested that the county once again allocate funds to individual towns and school recreation programs, rather than to the county recreation department.

“At least on this end of the county, there’s a perception, ‘Hey, what’s the county rec department doing here?’” said Smathers.

But Claire Carleton, county recreation director, denied that there was any favoritism for the western half of Haywood.

“Each entity has got to stand up and prove their needs,” said Carleton. “No matter where they’re coming from, east, west, it doesn’t matter.”

While county commissioners were sympathetic to the Canton board’s request, they stressed that the recession has left their hands tied when it comes to appropriating funding for recreation.

As a Canton resident, Commissioner Skeeter Curtis is well aware of the town’s recreation needs, but he said the county is down to bare bones with the tough economy. Curtis also pointed out that the Town of Canton is “well-represented” on the county recreation board, which has a significant say in which projects the county moves forward with next.

“If there was money, I would stand up for the people of east Haywood,” added Curtis. “But I’m on both sides of the fence now, I can see both sides.”

Meanwhile, Commissioner Kirk Kirkpatrick emphasized that “contrary to popular belief,” no construction work had started on the Jonathan Creek park. Kirkpatrick also pointed out that in the past, the county supplied $321,000 to help construct the sports complex in Canton. Haywood County also transported fill from the Beaverdam Industrial Park to grade the sports complex at the county’s cost.

Commissioner Bill Upton said Canton is actually in the lead when it comes to having a complete sports complex. For now, the Jonathan Creek sports complex exists only on paper.

“If they ever get their lights, they’re way ahead,” said Upton.

Bridging the divide

Canton’s town leaders claim that 65 percent of the people who use the public pool in Canton come from outside town limits. Similarly, the town of Waynesville reports that about 70 percent of people who use its recreation center do not live in town.

Though user fees generate some revenue, town property taxes play a significant role in propping up both the Waynesville recreation center and Canton’s outdoor pool. In essence, town taxpayers are subsidizing those two facilities for the entire county.

The Town of Waynesville reports that it makes $695,000 operating the recreation department, including the recreation center. In contrast, the recreation department faces $2.2 million annually in expenses, from paying off debt on the recreation center to paying regular operating expenses. It’s up to town taxpayers to help make up the difference with $1.1 million of contributions from property taxes in the 2010-2011 town budget.

For now, Waynesville residents pay the same monthly fee as county residents at the recreation center, though town leaders have toyed with the idea of charging higher fees for county residents living outside town limits in the past. The idea has proven to be a logistical challenge.

“That becomes a total nightmare when someone’s coming in to check in,” said Wells Greeley, Waynesville alderman.

The easiest way to receive support from county taxpayers who live outside town limits was to receive direct funding from the county. With the total cut in recreation funding from the Haywood county taxpayers though, towns are now left to their own devices.

“It is a challenge every year to devote the money to our recreation, but it’s a vital part of every municipality in Haywood County,” said Greeley.

Carleton said while recreation is crucial for both the mental and physical health of citizens, most government officials see recreation as a non-essential service. The county recreation department has seen major funding cuts of its own since the recession hit.

“That’s just the way it’s always been, from the national level all the way down to Haywood County,” said Carleton. “It’s a widely known fact, the first thing that’s going to be cut is recreation.”

Carleton would not say what she thought was the best way to divvy up the recreation responsibilities among county and town recreation departments. But she added that the most important points are to not duplicate services and to work together.

Waynesville Mayor Gavin Brown agreed that governments philosophically shouldn’t be competing with each other.

“I hate that east-west argument,” said Brown. “I thought we had got over it ... that kind of diatribe and that kind of mentality gets you nowhere.”

However, Brown said he, too, would like to see recreation funding restored to municipalities. More than that, he would like to see the county work more closely with the towns.

“If the county wants to be in recreation, it should sit down with everyone to decide how we want to spend the citizens’ money,” said Brown. “What we need to do is sit down and discuss things, and that’s not going on now. That is the biggest problem.”

Against all odds, a 250-year-old scarlet oak tree still stands on N.C. 110 south of Canton, despite being struck by lightning, despite neighboring a busy road, despite being forgotten by many for more than three decades.

A Native American council existed near the Osborne Boundary Oak, and Gen. Griffith Rutherford and his men marched by the tree while battling Native Americans nearby. The tree is documented to have served as a line marker in the late 1700s.

It remained in public memory long after.

In 1976, hundreds of local activists rallied to save the oak after the North Carolina Department of Transportation announced it would fell the tree in its quest to widen N.C. 110. Public opposition was so strong that DOT moved the highway to rescue the tree in 1978. It even put up a guardrail to protect the historic oak.

After so much energy was invested into preserving the Osborne Boundary Oak, it now lives unrecognized and undistinguished, trimmed and hacked haphazardly like any other tree by the DOT.

This year, Doris Hammett, one of the original protesters against the DOT in the ‘70s, decided it was time to take up the cause once again.

Hammett’s husband spent his last days near the tree at Silver Bluff Village, an assisted living facility in Canton. She visited him daily and would pass the diseased tree each time she went. Hammett knew she had to take action.

“In the ‘70s, the tree had a full canopy of leaves ... It was a healthy tree,” Hammett said. “When I went back, the tree has rotten limbs, it’s diseased, it’s been hacked.”

Hammett contacted the DOT, the Haywood County manager, a state senator, two historical societies, Haywood Community College’s Forestry Department — everyone she could think of who might help.

The DOT was caught completely off-guard by Hammett’s call. Changing of the guard at the agency meant knowledge of the oak had gradually been lost as officials retired.

Lloyd Anderson of Southern Tree Care, along with Doris, her daughter, DOT representatives, and historical society members, recently visited the oak to see if any hope remained for the badly damaged tree.

After a close inspection, Anderson said the tree had suffered significant root loss due to road construction, been injured by salt flying off the highway in the wintertime, and had survived being struck by lightning in the last five years.

Despite all that, Anderson concluded that with proper care, the tree could be rehabilitated and survive for another 50 years.

“It’s a tough, old tree,” Anderson said. “Everything that’s been done to it, especially after it’s been struck by lightning, it definitely has a vigor and life to it.”

Richard Queen, roadside environmental engineer at the DOT, said since learning of the oak and seeing it face-to-face, he, too, would like to see the tree saved.

Queen said the DOT would take care of the tree and bring it back to life, though the agency’s first concern will always be public safety.

“We always have to consider the liabilities of a limb falling on someone as they drive by,” Queen said.

Hammet is confident the DOT will once again take action to save the tree, but regardless of the help it has pledged, Hammett is not taking any chances on the tree this time around. She hopes to raise awareness of the Osborne Oak and other historic trees in the area to ensure they are remembered and flourish for as long as possible.

The Bethel Rural Organization is working to get the Osborne Boundary Oak on the America’s Historic Tree Register, while Hammett has convinced Haywood Community College to have its students study the tree each year to observe its growth.

With Arbor Day coming up April 30, Hammett and her daughter, Karen, hope the community will not only plant new trees but also recognize the special trees we already have.

“We have very little of the old growth forest left,” said Karen Hammett. “Old remaining giants show us what the forest was originally like before settlers came here.”

Recognized ‘Tree Cities’ in WNC

Waynesville, Sylva, Asheville and Brevard were recognized by the nonprofit Arbor Day Foundation as a Tree City USA community for their commitment to urban forestry.

Waynesville was one of only 20 towns in the state to also receive a Tree City USA Growth Award for demonstrating progress in its community forestry program recycling. The prestigious Growth Award honors environmental improvement and higher levels of tree care in Tree City USA communities.

Tree City USA communities must have a tree board or department, a tree care ordinance, a comprehensive community forestry program, and an Arbor Day observance and proclamation.

More information about Tree City USA can be found at www.arborday.org/TreeCityUSA.

Not every tree planting is beneficial

Planting a tree this Arbor Day, April 30? Waynesville town horticulturist Jonathan Yates hopes it’ll be the “right tree for the right place.”

Yates bemoans that many trees in town are mutilated each year to keep from touching utility lines overhead. He would rather see the trees cut down and have shorter trees planted, which would save homeowners from investing money in yearly maintenance, Yates said.

Waynesville has a list of trees that are appropriate for each neighborhood. Contact Yates at 828.456.3507 for more information.

A trail alongside the Pigeon River may materialize between Canton and Clyde, but recreation will not be its primary purpose.

The goal is to create a buffer zone clear of any development 100 feet from the riverbank as a safeguard in the event of future floods. The buffer strip could additionally be used as a walking trail or biking trail beside the river.

“It’s much more than a recreational use — it’s mitigating a flood hazard,” said Canton Town Manager Al Matthews.

Haywood County, along with the towns of Canton and Clyde, undertook the project shortly after massive flooding on the Pigeon left a devastating wake in 2004.

All three worked together to lock down $1 million from the state Clean Water Management Trust Fund. Though that is far less than the $10 million they originally applied for, the trio still has a chance of receiving additional funding from Clean Water.

Most of the work on the trail now involves acquiring conservation easements for nearly 100 properties in the flood plain next to the river, a process that could take years.

Property owners will be reimbursed for participating with a share of the $1 million that’s been set aside.

Though the program would be mutually beneficial to both landowners and the river, it will be strictly voluntary, according to Tony Sexton, project specialist for Haywood County.

For those who participate, farming alongside the Pigeon could continue, though building new structures would be forbidden.

For now, Sexton is not positive a full-fledged greenway will be achievable. He anticipates a checkerboard effect of conservation easements along the river.

“It’s unusual to get three or four property owners in a row that ever agree on anything,” said Sexton. “The odds of having a continuous swath of property owners is fairly remote.”

Asheville-based Martin-McGill Associates is coordinating the project and will be responsible for acquiring properties or negotiating conservation easements with property owners.

While everyone hopes that the 2004 disaster won’t repeat itself, a buffer would be helpful in case another major flood strikes, said Ellen McKinnon, grant administrator with Martin-McGill.

“This is a proactive thing to do before the next flood,” said Sexton.

McKinnon has begun talking to property owners about the easements, but still spends most of her time with paperwork at this stage.

Sexton agreed that securing the $1 million grant has been a drawn-out process.

“There’s lots of hoops to be jumped through and committees that only meet once every three months,” said Sexton.

Nevertheless, enthusiasm for the project hasn’t faded over the years.

“What we’re trying to do is make the Pigeon River as healthy as possible, so that it can handle the influx of water,” said McKinnon. “These buffers are incredibly helpful to keep the banks stable and keep that sedimentation out of the water.”

“We are excited,” said Joy Garland, town administrator for Clyde. “It’s a great opportunity for the towns, as well as the county.”