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553 B. Legal 554 555 CHERYL GREENE: There are two items that legal needs to bring to your 556 attention, the first is in regards to the proposed landmarking of the Norfolk Southern 557 railroad bridge. I received a call from Norfolk Southerns' attorney, Randal Noe, during 558 which he expressed a great deal of concern over the railroad giving up any control over 559 this property. I am currently looking into the Interstate Transport Act, which he has cited 560 to see if there is any Federal Pre-Emption that would apply to any actions taken here. 561 That is why I have asked that the Commission table this proposed local landmark until 562 October to allow more time to explore this issue. 563 564 The second item refers to the vacancy of the director's position for the department. As I 565 reported at the last Commission meeting I had received word from the County 566 Commissioners that Mr. Talley had turned in his keys. I received information from Mr. 567 Talley that he would no longer be serving as the director and as I reported last month 568 there was a vacancy of the aforementioned position. That position serves at the Historic 569 Preservation Commissions pleasure and as such it is the Commissions responsibility to 570 hire, fire and accept resignations of that particular position. Irrespective of how the 571 vacancy occurred the vacancy exists and so the Commission will need to either move 572 forward seeking a permanent replacement for that position and/or make a motion 573 accepting the resignation of Mr. Talley. I phrase it as a resignation by Mr. Talley 574 because he has not been serving in that capacity since his last telephone conversation 575 with me. Irrespective of whether he tendered a formal written resignation, by his very 576 vacancy, it is very safe to say to this Commission that Mr. Talley has resigned his 577 position. It is up to the Commission to make an action either formally accepting Mr. 578 Talley's resignation and then make a decision on how the Commission would like to go 579 forward in replacing Mr. Talley. 580 581 JOANN SPORLEDER: Mr. Talley's only resignation was a verbal one to Mrs. 582 Greene? 583 584 CHERYL GREENE: Mr. Talley reported to me by telephone that after his 585 meeting with the County Commissioners he had tendered his keys to the County 586 Commissioners. He had reported to me that he had been asked to resign. The County 587 Commissioners reported to me that Mr. Talley voluntarily resigned. What I am reporting 588 to this Commission is that irrespective of whether this was a termination, it is not a 589 termination in the sense that it is this Commissions responsibility to terminate positions 590 and this Commission has not yet taken an action terminating that position. What I am 591 suggesting to you is that it was a resignation Mr. Talley tendered by simply not showing 592 up any longer. Since this Commission did not formally terminate Mr. Talley it would be 593 my advise to you to act on it as a resignation simply by merit of the fact that he has not 594 been serving in this capacity for nearly five weeks now. 595 596 JOANN SPORLEDER: I find it rather disturbing that some other agency has 597 pressured him to do what he has done. They should have come to the Historic 598 Preservation Commission if there were problems with Mr. Talley. I do not know exactly 13