The Town of Marlinton joined the number of communities that have gone smoke-free with the passage, on second reading, of the Clean Indoor Air Ordinance at the regular meeting of the town Council at its meeting on Wednesday of last week.

The ordinance states that the town finds ﾓuncontroverted medical evidenceﾔ that secondhand tobacco smoke is a serious health hazard and that the town has a duty to protect those within its limits from known hazards and to provide environments free of tobacco smoke.

The ordinance states that ﾓall offices, public rooms, businesses, public areas within buildings and all public rest rooms shall henceforth be free of any and all forms of tobacco smoke and smoking of tobacco within those public areas is strictly prohibited.ﾔ

Smoking areas are to be at least 15 feet away from entrances to buildings and ventilation equipment ducts, according to the new law.

Under the ordinance, anyone who either smokes in the prohibited areas or allows smoking in areas subject to their control is in violation and subject to a fine of $25 for each offense.

There were no comments fromﾠ members of the public attending the meeting.ﾠ Council member David Zorn asked if smoking is prohibited in police vehicles by the ordinance.ﾠ Other council members noted that the ordinance makes no mention of vehicles, so the answer to this question was ﾓno.ﾔ

The ordinance was approved with only one ﾓnoﾔ vote, cast by Councilman Joe Smith.
Mayor Dottie Kellison began her report with the announcement that the project to extend the townﾒs sewer to Campbelltown and Edray has been completed, with 93 customers.ﾠ All tap fees have been paid and several of the new users have already made their connection to the new sewer line.ﾠ The new customers will begin paying with the next billing cycle, Ms. Kellison said.

She told the Council that most comments from the public have been good on the sewer extension and what problems that have come up have been resolved.

Dennis Driscoll, town Building Inspector, reported that he and Stanley McNeill, the Clerk-of-the-Works for the project, had done a final inspection of the project.

Approval was given for the final payment on the sewer project, in the amount of $168,509.

Ms. Kellison had a positive report on the chances of the town receiving a $675,000 clean water fund loan from the state Infrastructure Council to upgrade the sewer plant.ﾠ She also reported that a sidewalk improvement project meets the guidelines to receive funds from the Transportation Enhancement Program.

The Mayor also reported on an upcoming meeting at Stonewall Jackson State Park to discuss the West Virginia Urban Renewal Evacuation Plan.ﾠ This planﾠ concerns an influx of people into this part of West Virginia should there be a terrorist incident in the Washington, D. C., area.ﾠ She said that Police Chief Lee Tinney has indicated he will go to the meeting.

Ms. Kellison reported that a large water leak, up to 30,000 gallons a day, had been located at the intersection of Ninth Street and Ninth Avenue and repaired. She also said that only one bid had been received for heating oil, from Pocahontas Fuel.ﾠ It was rack price plus $0.12 per gallon.

The mayor and Mr. Driscoll reported on a project to replace several diseased trees around town, in cooperation with the W. Va. Division of Forestry and the power company.ﾠ Included will be free training for town employee on tree trimming.

There was no one from the Corps of Engineers at the meeting to report on the levee project and several people at the meeting expressed their unhappiness with the lack of a report.

Councilman Brian Treadway said people are asking questions and believe nothing is getting done.ﾠ He said Karen Hughes, the COE representative, should come to council meetings and give an update.

Mr. Driscoll noted that he is in contact with the Corps two or three times a week.ﾠ

Reid Mitchell noted that construction on the flood control project was supposed to have begun in the spring of 2003.ﾠ He said it is time to call the COE to task.

Recorder Robin Mutscheller noted that pressure needs to be put on the state and federal politicians that have to provide the money for project.ﾠ At the federal level, the Water Resources Development Act needs to gotten out of conference committee and passed, she said.

The funds are necessary before the COE can say when work will begin, she said.

Councilman Chuck Workman suggested a public meeting with Ms. Hughes and Sen. Walt Helmick and this idea was supported by others.ﾠ Mr. Treadway said we need to let the town know that the council is doing all that it can to get the levee project constructed.

A lease/purchase agreement with the Reckart Equipment Company in the amount of $55,800 for the purchase of a new backhoe was approved.

Ms. Kellison reported that residents of lower Second Avenue have expressed concern about speeding along their street and requested additional stop signs.ﾠ Mr. Smith noted that several years ago stops signs were installed, but did not solve the problem and were removed.ﾠ He also pointed out that speeding is also a problem on other streets in town. Chief Tinney agreed that the signs might not totally solve the situation but will help.ﾠ A motion to install the additional stop signs on Second Avenue was approved.

Discussion was held on paving the loop road at Mountain View Cemetery.ﾠ The town has received a gift of $10,000 for this purpose.ﾠ Ms. Kellison reported that a request to the County Commission for money to help with the project was denied.ﾠ Mr. Smith suggested that paving the road up to the mausoleum be included in the project.

Due to upcoming winter weather, its was voted to table action on the paving project until spring.
Approval was given to close the town office on November 24 and give town employees the day off.

The meeting agenda included the hearing of a complaint against a public official and a motion was made to go into executive session on this matter. However, a question was raised if the section of state code being used to allow the executive session applies to this situation.ﾠ The code gives permission for an executive session ﾓFor the purpose of conducting a public hearing on a complaint, . . .ﾔ

After some discussion, the motion for the executive session died for a lack of any votes for or against.

Approval was given for an increase on the amount of insurance on the water plant.