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HomeMy Public PortalAbout1999_03_01SPECIAL MEETING MINUTES OF THE TOWN COUNCIL MARCH 1, 1999 A special meeting of the Leesburg Town Council was held on Monday, March 1, 1999, at 5:00 p.m., in the First Floor Executive Conference Room of the Municipal Government Center, 25 West Market Street, Leesburg, Virginia. Notice having been delivered to all members of the Leesburg Town Council prior thereto. The purposes of the meeting were to discuss personnel and legal issues. The meeting was called to order by Mayor Clem. COUNCILMEMBERS PRESENT Frank Buttery Leonard McDonald Joseph R. Trocino (absent) Kxisten C. Umstattd B. J. Webb (absent) Bob Zoldos Mayor James E. Clem STAFF MEMBERS PRESENT Town Attorney George M. Martin Deputy Town Attorney Deborah Welsh Director of Finance Paul E. York Also present was Commonwealth Attorney Robert D. Anderson, Assistant Commonwealth Attorneys Owen Basham and Stephanie Troxell, Attorney Peter Burnett, representing Steven C. Brown and Attorney Bill Chapman, representing Joseph R. Trocino. MOTION: On motion of, and duly seconded, the following motion was made: 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), Subsections (1) and (7) respectively, of the 1950 Code of Virginia, as amended. The purposes of this Executive Session are to discuss personnel and legal issues. VOTE: Aye: Councilmembers Buttery, McDonald, Umstattd, Zoldos and Mayor Clem Nay: None Absent: Councilmember Trocino and Vice Mayor Webb. MOTION: On motion of, and duly seconded, the following resolution was proposed and adopted. 99-53 - RESOLUTION: CERTIFYING EXECUTIVE SESSION OF MARCH 1, 1999 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 1T 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 Buttery, McDonald, Umstattd, Zoldos and Mayor Clem Nay: None Absent: Councilmember Trocino and Vice Mayor Webb. Mayor Clem read into the record the following statement/fax from Vice Mayor Webb. TO: Leesburg Town Council FROM: B. J. Webb RE: Commonwealth Attorney (CA) Agreement I enthusiastically endorse the agreement drafted by the Commonwealth. We, as a Council, would be irresponsible if we do not sign it. The whistle blower policy is totally acceptable. If it is not signed and accepted the taxpayers will have thousands of dollars wasted - .- for what? Ego? I hope you sign it and move on with town business. -2- MOTION: On motion of Councilmember Umstattd, and duly seconded, the following resolution was proposed and adopted. 99-54 - RESOLUTION - AGREEING TO AGREEMENTS AND MUTUAL RELEASE AGREEMENTS DATED MARCH 1, 1999 WHEREAS, the Council of the Town of Leesburg in Virginia finds that entering into the Agreements and Mutual Release Agreements, dated March 1, 1999 between the Commonwealth of Virginia, the Leesburg Town Council and Steven C. Brown and Joseph R. Trocino, is in the best interest of the Town of Leesburg. THEREFORE, BE 1T RESOLVED, that the Council of the Town of Leesburg in Virginia hereby agrees to enter into the Agreements and Mutual Release Agreements aforementioned. VOTE: Aye: Councilmembers Buttery, McDonald, Umstattd, Zoldos and Mayor Clem Nay: None Absent: Councilmember Trocino and Vice Mayor Webb. At the request of Councilmember Umstattd, with the agreement of all Councilmembers present, Mayor Clem accepted the resignations of Steven C. Brown and Joseph R. Trocino. MOTION: On motion of, and duly seconded, the following resolution was proposed and adopted. 99-55 - RESOLUTION - APPOINTING PAUL E. YORK ACTING TOWN MANAGER THEREFORE, BE IT RESOLVED, that the Council of the Town of Leesburg in Virginia hereby appoints Director of Finance Paul E. York as Acting Town Manager until such time as the Council of the Town of Leesburg appoints a successor Town Manager or takes other action. VOTE: Aye: Councilmembers Buttery, McDonald, Umstattd, Zoldos and Mayor Clem Nay: None Absent: Councilmember Trocino and Vice Mayor Webb. On motion o~:, and duly seconded, the meeting was adjourned. Clerk of Council JCs E. Clem, Mayor