2010 10 14 WS MinutesMINUTES OF THE REGULAR WORK SESSION OF THE CITY COUNCIL OF
THE CITY OF BAYTOWN
October 14, 2010
The City Council of the City of Baytown, Texas, met in a Regular Work Session on
Thursday, October 14, 2010 at 4:30 P.M. in the Council Chamber of the Baytown City
Hall, 2401 Market Street, Baytown, Texas with the following in attendance:
Brandon Capetillo Council Member
Lynn Caskey Council Member
David McCartney Council Member
Scott Sheley Council Member
Stephen DonCarlos Mayor
Garrison C. Brumback City Manager
Bob Leiper
Deputy City Manager
Kevin Troller
Assistant City Manager
Ignacio Ramirez
City Attorney
Leticia Garza
City Clerk
Keith Dougherty
Sergeant at Arms
Council Members Mercedes Renteria and Terry Sain were absent from the October 14,
2010 City Council Regular Work Session.
Mayor DonCarlos convened the October 14, 2010, City Council Regular Work Session
with a quorum present at 4:30 P.M.
1. DISCUSSION
a. Amendments to Chapter 66 "Offense ", Article III "Controlled Substances"
to Prohibit Certain Smoking Products - Police.
City Manger, Garry Brumback presented the agenda item to discuss an ordinance
amending Chapter 66 "Offenses," Article III "Controlled Substances" of the Code of
Ordinances to establish an offense for the possession, sale or purchase of certain smoking
products which cause effects similar to marijuana or hallucinogens, including those
commonly known as K -2 and Salvia Divinorum.
City Prosecutor, Eric Hudson stated that over the past few months, there has been an
increased awareness of "K2" or "Spice" through media reports, law enforcement and
community service groups. Several states have introduced legislation, which would ban
the possession of K2 and most recently, several municipalities have been studying the
feasibility of establishing city ordinances, which would ban the substances until State
laws can be enacted.
Page 2 of 2 M mutes of the October 14, 2010 Ci ty Council Work Session
The Council discussed the enforcement of said ordinance, (lac banning limitations and
educational component to this ordinance. Mr. Bruillback stated that this ordinance was
, alm
ad of state legislation and while the substance \,,,as banned in Baytown, it is riot Illegal
elsewhere. Chief* DOUgllCI'(Y State(] that it was his helief that the ordinance will not
eliminate the problems, but that it will reduce them exponentially- similar to tile Fire
works ban ordinance, The CoLIFICil agreed that the ordinance had positive merits and
praised the staff for being so Forward thinking as it relates to negative: elements impacting
out conlillunity.
1). Open Container ()i-dinance - Administration.
( I
' "Ity Manger, Garry Brumback presented tile agenda item tO (liSCLISS the advantages 'arid
disadvantages of a proposed open container ordinance prohibiting tile COJISUITIptiOn Of
alcoholic beverages in a public right-of-way, and possible exceptions such as a sidewalk
caf6 or festivals where alcohol consumption is permitted. This, (fiSCLISSiOlI is in an effort to
continue to provide great Public Safety.
Police Chief, Keith Dougherty stated that there were concerns regarding as certain
population of people being intoxicated oil property that they are riot welcomed on. (, I iief
lm OUglICT-ty Stated that there are laws currently in place tor violators who trespass oll
private property and public intoxication. The Council discussed awareness and
educational possibilities to business owners around I)IIIA)ICIII 'areas, in order to help the
police department enforce the ull-rent laws and I-C(ILICC vagrants, crime and urmanted
CICITICIAS in 01,11- COMITILIllity. After all ill CICIA1 (IISCLISSI011, it was agreed that
Member McCartney Nvould distribute a template letter to local business owners that shall
he tiled with the Baytown N, lice Department stating
that they will not allow for
trespassing and the C011SLIIIII)tion ofdrinking of alcoholic beverages on their prellilses.; the
owners will also be intoruried of signage rcquirements to enforce the restrictions. 'rhis
letter will give the police the necessary authority to I-ClIlOVe tIlOSC PCOJIIC fi•0111 the
premises.
2. ADJOURN
Nlayor DonCarlos MIJOUrlIC(I tile October 14, 2010, City Council regular Work Session
at 5:13,1)
I , &P . � erk,
Leti Wj
City of
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