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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
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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
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MOTION
On motion of, and duly seconded, the meeting was adjourned.
James. E. Clem, Mayor
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