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HomeMy Public PortalAbout1992_11_09339 CZ) SPECIAL MEETING MINUTES OF THE LEESBURG TOWN COUNCIL NOVEMBER 9, 1992 A special meeting of the Leesburg Town Council was held on November 9, 1992, at 7:00 p.m., in the Executive Conference room, 25 West Market Street, Leesburg, Virginia. Notice having been delivered to all members of the Council prior thereto. The meeting was called to order by the Mayor. COUNCILMEMBERS PRESENT George F. Atwell Ronald W. Blake Joseph R. Trocino Kristen C. Umstattd William F. Webb Mayor James E. Clem COUNCILMEMBERS ABSENT Georgia W. Bange STAFF MEMBERS PRESENT Town Manager Steven C. Brown Assistant Town Manager Peter Stephenson Director of Finance Paul E. York Deputy Town Attorney Deborah Welsh AIRPORT COMMISSION MEMBERS PRESENT Chairman Stanley Caulkins Vice-Chairman Dewey Hill Claude Arthur William Haun ECONOMIC DEVELOPMENT ADVISORY COMMISSION MEMBERS PRESENT Chairman Thomas Nails MOTION Councilmember Webb made the following motion Pursuant to Section 2.1-344 of the 1950 Code of Virginia, as amended, I move that the Leesburg Town Council convene in Executive Session. The authority for this Executive Session is found in Section 2.1-344(a), Subsection (7) of the 1950 Code of Virginia, as amended. The purpose for this Executive Session is to discuss probable litigation regarding the Leesburg Municipal Airport management. The Town Manager, Assistant Town Manager, Director of Finance and the Deputy Town Attorney are requested to remain for the meeting. The motion was seconded by Mr. Blake. VOTE Aye: Nay: Absent Counciimembers Atwell, Blake, Trocino, Umstattd, Webb and Mayor Clem None Councilmember Bange MOTION Councilmember Webb made the following motion. I move that the Executive Session be adjourned, that the Leesburg Town Council reconvene its public meeting and that the minutes of the public meeting reflect that no formal action was taken in the Executive Session. The motion was seconded by Mr. Blake. VOTE Aye: Councilmembers Atwell, Blake, Trocino, Umstattd, Webb and Mayor Clem Nay: None Absent Councilmember Bange 340 -2- MOTION On motion of Mr. Webb, seconded by Mr. Trocino, the following resolution was proposed and adopted. 92-213 - RESOLUTION - CERTIFYING EXECUTIVE SESSION OF NOVEMBER 9, 1992 WHEREAS, the Town Council of the Town of Leesburg~ Virginia, has this day convened in Executive Session in accordance with an affirmative recorded vote of the Leesburg Town Council and in accordance with the provisions of the Virginia Freedom of Information Act: NOW, THEREFORE, BE IT RESOLVED that the Leesburg Town Council does hereby certify that to the best of each member's knowledge, 1) only public business matters lawfully exempted from open meeting requirements under the Freedom of Information Act were discussed in the Executive Session to which this certification applies; and 2) only such public business matters as were identified in the Motion by which the said Executive Session was convened were heard, discussed or considered by the Leesburg Town Council. VOTE Aye: Councilmembers Atwell, Blake, Trocino, Umstattd, Webb and Mayor Clem Nay: None Absent Councilmember Bange DISCUSSION Mr. Sal Cangiano asked what happens now? Mayor Clem stated that Janelle must be given time to respond. Mr. Cangiano asked if the lBO would be put out to bid. Mr. Merton Nead stated that there are qualified people. Mr. Raymond Ways expressed concern with safety - full time people are limited. Mr. Jeff Davidson addressed the Council expressing concern. Mr. Cangiano stated that it would behoove the Council to determine why this operation is not successful. MOTION On motion of Mr. Webb, seconded by Ms. Umstattd, the following resolution was proposed and adopted. 92-214 - RESOLUTION - FINDING JANELLE AVIATION IN DEFAULT OF ITS LEASES AND MANAGEMENTAGREEMENTWITH THE TOWN AND AUTHORIZING THE DEPUTY TOWN ATTORNEY TO SERVE APPROPRIATE NOTICE WHEREAS, Janelle Aviation is in arrears in the amount of $16,800 on its rent payments not including unpaid fuel flowage commitments; and WHEREAS, efforts by a committee consisting of Mayor Clem, Councilmember Atwell, Airport Commission Chairman Stanley Caulldns and Town Manager Steven C. Brown has explored many alternatives and has failed to reach any agreement with Janelle to work out a repayment schedule; and WHEREAS, Janelle Aviation has decreased its level of service putting in jeopardy the economic well- being of Leesburg Municipal Airport; and WHEREAS, no corrective action short of declaring Janelle Aviation in default appears workable: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. Janelle Aviation is hereby declared in default of its leases and management agreement with the town. SECTION II. The deputy town attorney is hereby authorized to serve appropriate notice of the default in accordance with the leases and agreements. 341 VOTE Aye: Nay: -3- Councilmembers Atwell, Blake, Trocino, Umstattd, Webb and Mayor Clem None Absent Councilmember Bange MOTION On motion of Mr. Webb, seconded by Mr. Trocino, the meeting was adjourned. James E. Clem, Mayor Clerk of Council