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HomeMy Public PortalAbout1992_11_17367 0 Z SPECIAL MEETING MINU'I~S OF THE LEESBURG TOWN COUNCIL NOVEMBER 17, 1992 A special meeting of the Leesburg Town Council was held on November 17, 1992, at 5:00 p.m., in the second floor Councilmember's meeting room, 25, West Market Street, Leesburg, Virginia. Notice having been delivered to ali members of the Council prior thereto. The meeting was called to order by Mayor Clem. ROLL CALL Councilmembers present Georgia W. Bange Ronald W. Blake Joseph R. Trocino Kristen C. Umstattd William F. Webb Mayor James E. Clem Councilmembers absent Councilmember George F. Atwell 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 Chairman Stanley Caulkins MOTION Mr. 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 motion was seconded by Mr. Blake. VOTE Aye: Nay: Absent: Councilmembers Bange, Blake, Trocino, Webb and Mayor Clem Councilmember Umstattd Councilmember Atwell MOTION Mr. 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. Trocino. VOTE Nay: Absent: Councilmembers Bange, Blake, Trocino, Umstattd, Webb and Mayor Clem None Councilmember Atwell MOTION On motion of Mr. Webb, seconded by Mr. Blake, the following resolution was proposed and unanimously adopted. 92-228 - RESOLUTION - CERTIFYINO EXECUTIVE SESSION OF NOV]~MBER 17, 1992 WHEREAS, the Town Council of the Town of Leesburg, Virginia, has this day convened in Executive 368 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 Nay: Absent: Councilmembers Bange, Blake, Trocino, Umstattd, Webb and Mayor Clem None Councilmember Atwell MOTION Ms. Umstattd made a motion to limit any payment from airport operations to Janelle Aviation. The motion failed for lack of a second. Ms. Umstattd stated that she could not support continuing the terms of the old agreements unless payments to Janelle were limited. On that basis, she would have to vote against the resolution. MOTION On motion of Mr. Webb, seconded by Ms. Bange, the following resolution was proposed and adopted. 92-229 - RESOLUTION - TERMINATING THE LEASE AGREEMENT AND MANAGEMENT AGREEMENT WITH JANELLE AVIATION, INC. AND ALrI~ORIZING THE TOWN MANAGER TO ENTER INTO A MONTH-TO-MONTH LEASE WITH JANELLE AVIATION, INC. TO PROVIDE ESSENTIAL SERVICES AT THE LEESBURG MUNICIPAL AIRPORT WHEREAS, Town Council has found Janelle Aviation, Inc. in default of its leases and management agreement with the town regarding services at Leesburg Municipal Airport; and WHEREAS, essential services provided by Janelle such as aircraft fueling aircraft towing, unicom services and safety services must be continued at an acceptable level to ensure the economic well-being of the Leesburg Municipal Airport; and WHEREAS, Janelle Aviation, Inc. is currently located at Leesburg Municipal Airport and is willing to perform the necessary services: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The lease and operating agreement by and between the Town of Leesburg and Century Aviation, Inc., dated March 15, 1978, and assigned in 1981 and modified by the airport administration building lease agreement by and between the Town of Leesburg and Janelle Aviation, Inc., and the management agreement, dated April 1, 1988, by and between the Town of Leesburg and Janelle Aviation, Inc. are hereby terminated and the Town Manager is authorized to institute legal actions due to such termination. SECTION II. The Town Manager is authorized under Article XII, Section 1 (d) of the Century Aviation lease, transferred to Janelle Aviation, Inc. in 1981, to enter into a month-to-month lease and management agreement not to exceed ninety (90) days with Janelle Aviation, Inc. upon the same terms as such agreements referenced above with the additional terms that James M. Haynes, Jr. and his agents shall cooperate with the transition of leases and a management agreement with such entity selected by the Town of Leesburg. Janelle Aviation, Inc. shall provide weekly financial statements to the Director of Finance for the Town of Leesburg, and such other terms as deemed appropriate by the Town Manager in a form approved by the Town Attorney to provide essential aircraft and safety services to ensure the economic well-being of Leesburg Municipal Airport. The manager is also directed to begin the process of negotiating for a receiver, or to enter into new contracts for an FBO (Fixed Base Operator) and airport management services, pursuant to such Article XII. VOTE Aye: Nay: Absent: Councilmembers Bange, Blake, Trocino, Webb, Mayor Clem Councilmember Umstattd Councilmember Atwell -2- 369 MOTION On motion of, and duly seconded, the meeting was adjourned. James. E. Clem, Mayor 0,1 0'~ -3-