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HomeMy WebLinkAbout08/01/1994 Special Council Meeting MinutesMINUTES OF SPECIAL COUNCIL MEETING MARANA TOWN COUNCIL AUGUST 1, 1994 PLACEAN D~: Estes ElementaPJ School, 11279 W. Gder Rd, Multi-Purpose Room, August 1, 1994. _1, CALL TO ORDER By Mayor Ora M, Ham. Time: 7:11 P.M. II. PLEDGE OF ALLEGIANCE Led by Mayor Ora M. Ham. III, INVOCATION/MOMENT OF SILENCE Led by Mayor Ora M. Ham. ~.ROLLCALL COUNCIL Ora M. Ham Mayor Sharon Price V~ce Mayor Tom Clark Council Member, Excused Ed Honea Council Member Betty Hordgan Council Member Herb Kai Council Member Helen Key Council Member STAFF: Hurvie Davis Sandra L Gmseclose Dan Hochuli Gerald Flannery Mick Mathieu Marcia King Town Manager Town Clerk Town Attorney Planning Administrator Town Engineer Volunteer Manager Assistant 50+ members of the Public. V_. QRDER OF BUSINESS A. Executive Session Pursuant To A.R.S. Section 38-43'1.03(A)(4) For Discussion And Consultation With The Town Attorney To Consider Its Position And Instruct Ils Attorney Reaarding Marana's Position With Arizona Department Of Corrections And Management Training Corooration. A motion was made by Ed Honea, seconded by Betty Horrigan and carded unanimously to go into Executive Session Pursuant To A.R.S. Section 38-431.03(A)(4) For Discussion And Consultation With The Town Attorney To Consider Its Position And Instruct Its Attorney Regarding Marana's Position With Arizona Department Of Corrections And Management Training Corporation. Time: 7:15 P.M. Back in session. AII Council Members present except for Tom Clark. Time: 7:31 P.M. _B. Community_ Treatment Facility - Arizona Deoartment Of Corrections I Management And Trainina Corporation - Use And Name Of Facility_: The Marana Town Council ADoroved Resolution 94-16 Which Embodied The Adootion Of An Intergovernmental Agreement Between The Arizona Department Of Corrections And The Town Of Marana. Setting Forth The Town's Position On The Use And Naming Of The Facility. The Deoartment Of Corrections Indicates That An Inte~overnmental Agreement Is Not Aporonriate. Discussion/Direction To Staff. Ed Honea summarized the chronology of the Community Treatment Facility. A tape excerpt was played from the Council meeting of April 6, 1993. Speaking was Bernie Diamond, Senior VP of Management & Training Corporation (MTC) prior to the issuance of the land use change permit. Mr. Diamond stated MINUTES OF SPECIAL COUNCIL MEETING MARANA TOWN COUNCIL AUGUST 1, 1994 the background and history of MTC's involvement in the treatment facility project with the Adzona Department of Corrections. He also stated that the inmates of the facility would be neighbors and local residents of the area staying for six months for treatment of drug or alcohol problems. The facility would not be a prison. A tape excerpt from the April 6, 1993, Council Meeting of Gene Moore, Adzona Department of Corrections (DOC): He stated that it was not the intent of the DOC that the treatment facility be a pdson; it is a community treatment center and the DOC does not have the authority to turn it into one. Ed Honea summed up the two recorded statements, stated that the treatment facility is not a pdson. It was intended by the Adzona State Legislature that the facility be a new concept for a drug and alcohol treatment center. Council Member Honea read a portion of the Management & Training Corporation's General Information Sheet for the proposed treatment facility, page one, paragraph three which stated that only those convicted of ddving under the influence of alcohol or drugs will be sent to the treatment facility. Mr. Honea read a transcript excerpt from the June 1, 1993, Council Meeting where Ron Russell stated that MTC cannot be forced by the State to make the treatment facility other than what was approved by the Town of Marana and MTC does not want the facility to be a prison. Mr. Honea then read a portion of a published letter by MTC which stated that 70% of the treatment facility's population would be DUI offenders. The othem would be others serving the last six months of their sentence. Mr. Honea stated that on June 28, 1993, the land use change for MTC became effective due to a lack of protest by the public and by Town officials to the land use by MTC. On May 3, 1994, the Council revoked the building permit for the treatment facility. Planning Administrator Gerald Flannery explained the reason for the revocation of the building permit on May 4, 1994, stating that MTC was in violation of sections of the Marana Development Code, section 9.02 Compliance with the Code, and section 9.03. Ed Honea continued, played a tape excerpt from the Special Council Meeting of May 5, 1994, where Council Member Tom Clark asked DOC Director Sam Lewis if it is true that the facility will never be changed to be anything other than a minimum security treatment facility for alcohol and drug offenders. Mr. Lewis stated that no changes could be made to the facility without Arizona State Legislature approval. The treatment facility will be owned by MTC and never by the DOC. Mr. Lewis explained what type of drug or alcohol offense qualified for the facility and stated that no one convicted of additional other crimes would be sent to the facility. Mr. Honea explained what was happening in May 1994. The Council in good faith then reissued the building permit and Mr. Lewis would negotiate an agreement with the Town and MTC. Then Mr. Lewis stated that a broader base of inmates was needed. Mr. Honea read an excerpt of a letter from the DOC dated July 20, 1994, conceming the name of the treatment facility. On page two, paragraph two, The DOC stated that it wanted the name to be ~Adzona Department of Corrections Treatment Facility - Marana". There would also be signs on Interstate 10 that wamed that there was a ~prison" in the area. Council Member Helen Key stated that she had approved of the concept of the "community treatment facility" from the very beginning and still thought it is was a good idea. Ed Honea stated that the Mayor had met with Governor Symington and the governor has agreed to assist in the situation. Mayor Harn stated that she thought the Arizona govemment has given an inadequate response to Marana's problem. Ed Honea stated that there are about 1000 DUI inmates in the Arizona DOC system and about 40% (400) are strictly DUI offenders. There would be enough male DUI offenders for the MTC treatment facility. However, there are only about 30 female offenders that quali~ for the facility. Town Attorney Dan Hochuli spoke on the correspondence between the Town of Marana, the DOC, and MTC. He noted that the facility is owned by MTC and not by the DOC, so that the DOC cannot make any promises as to the MINUTES OF SPECIAL COUNCIL MEETING MARANA TOWN COUNCIL AUGUST 1, 1994 land use. Mr. Hochuli commented on the July 29, 1994, letter by MTC which stated that MTC may not be held to the Marana Development Code because the treatment facility would be a state facility and not just a municipal facility. The arguments cited by MTC tend to favor Marana's position. Mr. Hochuli explained that recent court judgments confirmed that municipalities have the power to regulate the zoning of its land over the state govemments. In his opinion, Arizona courts would reject any claim that municipal zoning codes could be ignored by the state or its contractors. Bernie Diamond, Vice President MTC introduced Ron Russell, VP for Corrections and Building Management, Spencer Smith representing MTC, of DiConcini, McDonald, et al., Tucson, and Bill Blissett, Director of the treatment facility. Mr. Diamond gave a brief overview of MTC's involvement with the DOC. He reviewed the MTC letter of July 29, 1994. Spencer Smith, representing MTC, responded to Mr. Hochuli's comments and explained the MTC letter. He stated that the letter was not meant to imply that MTC would not agree to anything. They just want to fulfill their obligations to the DOC. Bernie Diamond continued, stated that mom than 101 members of the facility staff have been hired and some have been trained. Many am Marana-ama residents. He suggested that the matter be resolved; MTC and its employees am ready to get to work. Sam Lewis, Director of Arizona Department of Corrections: he addressed the issue of the Governor's involvement in this matter, stated that he is in contact with the Governor. As to the name, he restated that he believes the name should reflect exactly what the treatment facility is: a place that houses convicted pemons-- a prison. It should be called either a pdson or a correctional facility. (As a matter of public safety, the local citizens must be aware of the nature of the facility and the people within). The word "Corrections" must be included in the name so as not to confuse the facility with others such as a wastewater treatment facility. The 1-10 signs must say "State Prison. Do Not Pick Up Hitchhikers". That is also a matter of public safety. He rebutted the comment that only Marana was dealing with the situation in good faith. He asserted that all sides have dealt with the matter in good faith, but each side has its own views. He and the DOC have certain limits set by the Legislature. There are things the DOC can and cannot do. He cannot commit to a limitation on the kinds of inmates if the limits prevent the adequate amount on inmates in the facility. (The facility should be filled to capacity). Helen Key asked for clarification on whether the Legislature mquimd that both male and female inmates be housed at the facility. Mr. Lewis answered yes. Ed Honea stated that the Council had to follow the laws of the Town of Mamna. The Council has no choice in the matter. Mr. Lewis responded that he, too cannot violate the law. He stated that the entrance requirements for the inmates are not the Town of Marana's call. Dan Hochuli noted that Mr. Honea's and Mr. Lewis' statements that they am bound by their laws is the main point. Mr. Lewis was directed by the Legislature to privatize a treatment center. However, MTC got the wrong use for the facility. Mistakes were made. Unless MTC modifies its use or conforms to its permitted use, nothing can be done. Public Comments: 1. Byron Howard, Executive Director of Tucson Economic Prosperity Alliance, 2508 N. Ironwood Dr., Tucson: He noted that the taxpayem' money is used hem for the facility, not Marana's or the DOC's. This matter should be resolved soon. 2. Elizabeth Wood, MTC employee, 1101 W. Roger Rd. #7, Tucson: She noted that them have been several similar pdvatized institutions in Louisiana that have worked. Marana, MTC, and the DOC should compromise and settle the issue. 3. Gary Dayton, 8892 N. Shadow Rock Dr., Tucson: As a parent, the prison/facility is dangerous to children. The Town should be more wary of things that seem too good to be tree. 4. Betty Lyons, 11291 W. Anthony Dr: Against the facility. 5. Klm Blatcher, new MTC employee, 5311 N. Avra Rd. #1: Supports the facility. 6. George Loeffler, MTC employee, PO Box 36922, Tucson: Supports the facility, noted that they are not as dangerous as other speakers have alleged (speakers #3 and #4). A, Paul Samuelson, 12140 W. Barnett Rd., Marana: Against the facility. 8. Sam Villella, 16401 W. Dubois Rd., Marana: Supports the facility. It is good for the community and the economy. 9. Kathleen Horak, 10505 W. Mars Rd.: Against the facility. The people have not had the opportunity to speak on whether to have the facility or not. It should be put to a vote. 10. Kitty Wong, PO Box 463, Marana: Against the facility. 11. Karen Inman, MTC employee, 1200 E. River Rd.: Supports the facility. 12. Sandra Gladden, MTC employee, 12330 N. Anway, Marana: Supports the facility. 13. Gary Duncan, MTC Officer Trainer, PO BOx 91, Deser[ Center, CA 92239: Supports the facility. 14. Mike Matulin, MTC officer 14426 N Warfield, Marana: Supports the facility. 15. Ken Anderson, MTC employee, 9110 VV. Lambert LN: Supports the facility. 16. Joe Reilly, Greater Marana - Avra Valley Chamber of Commerce, 3565 W. Pecos Way: He stated his support for the facility and encouraged all parties to get together and work it out. He submitted a wdtten statement for the record. 17. Don Kilgore, 16680 Elk Trail, Marana: Supports the facility. The place is built; use it. 18. Dick Kelly, 14399 N Wentz Rd., Marana: Against the facility. All the legal trouble costs the Town money. Stop it. 19. Matthew Clark, 16861 W. Elk Trail, Marana: He supports the facility and speaker#16. 20. Wayland Heatley, 13400 W. Barnett Rd., Marana: Against the facility. Prisoners ara dangerous. 21. Phyllis M. Farenga, 11470 W. Tortolita St., Marana: Against the facility. A prison is a pdson. Check to see if a conspiracy or a deception has taken place. Check to see who the landowners ara, the backgrounds of the MTC people, what zoning decisions were made to allow the facility. Allow the people to buy out the facility and retire it. 22. Speaker #15 returned, rebutted the comment that he is just an MTC employee, but rather is a Marana citizen. 23. Bob McCrea, 13950 W. Grier Rd., Marana: Supports the facility. Bernie Diamond suggested that some action be taken; the building is scheduled to open in less than a month. Mayor Ham stated that this is not an action item but rather an information one prior to making a decision. FUTURE AGENDA ITI~MS None. YJ~. ADJOURNMENT A motion was made by Betty Horrigan, seconded by Herb Kal and carried unanimously to adjourn. Time: 9:45 P.M. AUDIO TAPES OF THE MEETING ARE AVAILABLE AT THE MARANA TOWN HALL CLERK'S OFFICE CERTIFICATION I hereby certify that the foregoing minutes are the true and correct minutes of the Special Council Meeting of the Marana Town Council held on August 1, 1994. I further certity that a quorum was present. sAN~R~~ERK ieir~lScation on coh~uter Local Area Network: H:WIINUTES\COUNCIL\1994.MIN\08-01-94.SPE Prepared by Colin L. Miller, 8/14/94 Meeting length: 2.50 hrs. Type is Arial, 9.5 point.