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HomeMy WebLinkAboutDECEMBER 10, 2013 SPECIAL EXECUTIVE MEETING DELORIS "BOBBIE" PRINCE, MAYOR E �y . FLOYD T. JOHNSON ROBERT E. WILLIAMSON, MAYOR PRO TEM City of ! - �`ry CITY MANAGER COUNCIL MEMBERS: / 1 ; It SHERRI BELLARD RAYMOND SCOTT, JR. CITY SECRETARY ELIZABETH "LIZ" SEGLER Lj! T t jI it MORRIS ALBRIGHT VAL TIZENO ROBERT TROY _ Texas CITY ATTORNEY WILLIE "BAE" LEWIS, JR DERRICK FREEMAN KERRY "TWIN" THOMAS AG E N DA City Council Special Executive Meeting December 10, 2013 4:0o p.m. In compliance with the Americans With Disabilities Act, the City of Port Arthur will provide for reasonable accommodations for persons attending City Council meetings. To better serve you, requests should be received 24 hours prior to the meeting. Please contact the City Secretary's Office, at (409) 983-8115. P.O. BOX 1089 • PORT ARTHUR, TEXAS 77641 -1089 • 409/983 -8115 • FAX 409/983 -8128 Special Executive City Council Meeting City Hall Council Chamber City Of Port Arthur December 10, 2013 4:00 PM PLEASE TURN OFF OR MUTE ALL CELL PHONES I. INVOCATION, PLEDGE & ROLL CALL Mayor Prince Mayor Pro Tem Williamson Councilmember Scott Councilmember Segler Councilmember Albright Councilmember Troy Councilmember Lewis Councilmember Freeman Councilmember Thomas City Manager Johnson City Secretary Bellard City Attorney Tizeno Sergeant At Arms: Police Chief Blanton Or Designee II. *CLOSED MEETING (EXECUTIVE SESSION) In Order To Comply With The Requirements Of Section 551.101 Of Chapter 551 (Open Meetings Law) Of The Texas Government Code [Formerly Article 6252 -17, Section 2(a)], Prior To Going Into Closed Meeting The Presiding Officer Of The City Should Make The Following Public Announcement: "A Closed Meeting Or Executive Session Will Now Be Held Pursuant To The Following Sections Of Chapter 551 Texas Government Code ": Section 551.071 - Litigation And /Or Legal Advice Section 551.072 - Land Section 551.073 - Negotiated Contracts For Prospective Gifts To The City Section 551.074 - Personnel Section 551.076 - Security Personnel Or Devices Section 551.087 - Deliberations Regarding Economic Development Incentives Special Executive Meeting Agenda December 10, 2013 II. *CLOSED MEETING (EXECUTIVE SESSION) - CONTINUED Closed Meeting: (1) Section 551.072 Government Code - To Discuss The Value Of The Land In The City's Extraterritorial Jurisdiction (ETJ) (2) Section 551.071 Government Code - To Discuss With The City Attorney Potential Litigation As It Pertains To Industrial District Agreements (3) Section 551.087 Government Code - To Discuss Incentives For Commercial, Residential, And /Or Industrial Business Prospects (DonShe Pottery) *The Items In Executive Session May Be Discussed And Acted On In Open Session III. Adjournment ************************************************************* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** NOTE: If Evening Meeting Extends Past 11:59PM, The City Council May Elect To Recess The Meeting And Reconvene At 8:30AM On December 11, 2013. During The Recess, No Action Will Be Taken On Any Item Of Remaining Business And No Executive Sessions Will Be Held To Discuss Any Matters, All In Accordance With The Open Meetings Law ************************************************************* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** 2 RULES OF DECORUM - PERSONS ADDRESSING COUNCIL & AUDIENCE MEMBERS 1. Recognition by Presiding Officer. No person shall address the Council without first being recognized by the Presiding Officer. 2. Speaking Procedure; Limitation on discussion and questioning. Each person addressing the Council shall step up to the microphone provided for the use of the public and give his name and address in an audible tone of voice for the records, state that subject he wishes to discuss, state whom he is representing if he represents an organization or other person, and unless further time is granted by majority vote of the Council, shall limit his remarks to five (5) minutes. All remarks shall be addressed to the Council as a whole and not to any member thereof. No person other than members of the Council and the person having the floor shall be permitted to enter into any discussion, whether directly or through a member of the Council, without the permission of the Presiding Officer. 3. Improper References, Disorderly Conduct By Person Addressing The Council Any person making, expressly or impliedly, personal, impertinent, slanderous, derogatory, discourteous, snide, or profane remarks or who willfully utters loud, threatening or abusive language, or engages, in any disorderly conduct which would impede, disrupt, or disturb the orderly conduct, the order by the Presiding Officer, and if such conduct continues, may, at the discretion of the Presiding Officer, be ordered barred from further audience before the Council during that Meeting. 4. Addresses After Motion Made or Public Hearing Closed, After a motion has been made or a public hearing has been closed, no member of the public shall address the Council from the audience on the matter under consideration without first securing permission to do so by majority vote of the City Council. 5. Campaign Speeches Prohibited. No persons will be allowed to address the City Council by making campaign speeches for or against any candidate who has announced or does announce his intention to run, or issue already ordered on a ballot for election. 6. Disorderly Conduct No person in the audience shall engage in disorderly conduct such as hand clapping, stamping of feet, whistling, using profane language, yelling, and similar demonstrations, which conduct disturbs the peace and good order of the meeting. 7. Limitations on Use of Supplemental Lighting. Limitations on use of supplemental lighting for television and motion picture cameras to create the least amount of interference with or disturbance of Council proceedings and /or discomfort to the public. 8. Persons Having Complaints, Allegations, or Charges Against Individual City Employees. No person shall make any complaint, specific allegation, or charge against an individual City Employee by name in a public meeting unless he first shows that he has pursued appropriate administrative channels. ENFORCEMENT OF DECORUM Warning. All persons shall at the request of the Presiding Officer, be silent. Removal. If, after receiving a warning from the Presiding Officer, a person persists in disturbing the meeting, such Officer may order him to remove himself from the meeting. If he does not remove himself, the Presiding Officer may order the Sergeant -at -arms to remove him. Resisting Removal. Any person who resists removal by the Sergeant -at -arms shall be charged with violating V.T.C.A, Penal Code 42.05. Motions To Enforce. Any Councilmember may move to require the Presiding Officer to enforce this division, and the affirmative vote of a majority of the Council shall require him to do so. RULES OF PROCEDURE The City Secretary shall make public, in accordance with the Texas Open Meetings Law, an agenda containing all business to be discussed at a meeting of the City Council. Persons Requesting To Be Heard On Agenda Items (1) Residents. Any resident who wishes to address the Council on any matter may do so by notifying the City Secretary in accordance with the Texas Open Meetings Law. (2) Nonresidents. Any nonresident wishing to address the Council shall notify the City Secretary and specify his interest in the matter being considered. The City Secretary shall present such request to the Presiding Officer for approval before placing the name on the Agenda. Specific Agenda Items. After a motion, second and discussion by the City Council on any specific agenda item, and before a vote is taken, the Presiding Officer shall recognize any citizen in the audience wishing to address the council on such item, who shall be permitted to address the Council thereon for a period of three (3) minutes. "Specific Agenda Items" are defined as any item specified on the Notice of Meeting posted for purposes of the Texas Open Meetings Law and which becomes the subject of a motion before the Council. RULES OF DECORUM - COUNCILMEMBERS Councilmembers. While the Council is in session, the members must preserve order and decorum, and a member shall neither, by conversation or otherwise, delay or interrupt the proceedings or the peace of the Council nor disturb any member while speaking or refuse to obey the orders of the Presiding Officer. Members of the Council shall not leave their seats during a meeting without first obtaining the permission of the Presiding Officer. 1. Presiding Officer may debate and vote. The Mayor or the Mayor Pro Tem, or such other member of the Council who is serving as Presiding Officer may move, second and debate from the chair, subject only to such limitations of debate as are imposed on all members by this division, and shall not be deprived of any of the rights and privileges of a Councilmember by reason of his acting as the Presiding Officer. If the Presiding Officer is engaged in debate, at the instance of any three members he must relinquish the chair in accordance with provisions of Robert's Rules of Order, Newly Revised. 2. Getting the floor; improper references to be avoided. Every member desiring to speak shall address the chair and, upon recognition by the Presiding Officer, shall confine himself to the question under debate, avoiding all personalities and indecorous language. 3. Interruptions. A member, once recognized, shall not be interrupted when speaking unless it be to call him to order, or as otherwise provided in this section. If a member, while speaking, is called to order, he shall cease speaking until the question of order is determined. If in order, he shall be permitted to proceed. 4. Privilege of dosing debate. The Councilmember moving the adoption of an ordinance or resolution shall have the privilege of closing the debate. 5. Motion to reconsider. A motion to reconsider any action taken by the Council may be made only on the day such action was taken. It may be made either immediately during the same session or at a recessed or adjourned session. Such motion must be made by one of the prevailing side, but may be seconded by any member, and may be made at any time and have precedence over all other motions; it shall be debatable. Nothing in this section shall be construed to prevent any member of the Council from making or remaking the same or any other motion at a subsequent meeting of the Council. 6. Remarks of Councilmember, when entered in minutes, A Councilmember has the privilege of having an abstract of his statement on any subject pertaining to city business and affairs entered in the minutes. 7. Synopsis of debate, when entered in minutes. The City Secretary may be directed by the Presiding Officer, with consent of the Council, to enter in the minutes a synopsis of the discussion on any question coming regularly before the Council. 8. Robert's Rules of Order, Newly Revised. Robert's Rules of Order, Newly Revised, shall prevail except where otherwise provided. 9. Opportunity to speak. No vote shall be taken on a motion and second calling for the previous question until each Councilmember wishing to speak on the question under debate has been granted at least one opportunity to speak on the question. This subsection shall not interfere with the Council's right to consider and vote on a motion and second to limit the length of debate by each Councilmember. RULES OF DECORUM - CITY STAFF AND EMPLOYEES City Staff and employees. Members of the city staff and employees shall observe the same rules of order and decorum as are applicable to the City Council, with the exception that members of the city staff may leave their seats during a meeting without first obtaining the permission of the Presiding Officer. ENFORCEMENT OF DECORUM Warning. All persons shall, at the request of the Presiding Officer, be silent. Removal, If, after receiving a warning from the Presiding Officer, a person persists in disturbing the meeting, such officer may order him to remove himself from the meeting. If he does not remove himself, the Presiding Officer may order the Sergeant -At -Arms to remove him. Resisting Removal. Any person who resists removal by the Sergeant -At -Arms shall be charged with violating V.T.C.A., Penal Code 42.05. Motions to enforce. Any Councilmember may move to require the Presiding Officer to enforce this division, and the affirmative vote of a majority of the Council shall require him to do so. DISRUPTIONS RENDERING MEETING UNFEASIBLE Adjournment until next regular meeting. If any meeting is willfully disturbed by a group of persons so as to render the orderly conduct of such meeting unfeasible and when order cannot be restored by the removal of individuals who are creating the disturbance, the meeting may be adjourned and the remaining business considered at the next regular meeting. Calling special meeting; assessing costs to disrupting parties. If the matter being addressed prior to adjournment is of such a nature as to demand immediate attention, the Presiding Officer may call a special meeting and assess the cost of that meeting to the disrupting parties if those parties are identifiable.