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HomeMy WebLinkAbout05/10/1994 Special Council Meeting MinutesPLAC_ E AND DATE: Marana Town Hall, May 10, 1994. !. CALL TO ORDER By Mayor Ora M. Ham, Time: 7:08 P.M. II. PLEDGE_ OF ALLEGIANCE_ Lcd by Mayor Ora M. Ham. II_!. INVOCATIONfMOMENT OF SILENCE Led by Mayor Ora M. Ham. !3~. ROLL CALL CouNcil Ora M. Ham Mayor Sharon Price Vice Mayor Tom Clark Council Member Ed Honea Council Member Betty Horrigan Council Member Herb Kai Council Member Helen Key Council Member STAFF: Hurvie E. Davis Sandra L. Groseclose Gerald M. Flannery Daniel Hochuli Marcia King Town Manager Town Clerk Planning Administrator Town Attomey Volunteer 19 members of the public. Recess. Time: 7:12 P.M. in order to correct a problem with the audio taping system. Back in session. All Council Members present. Time: 7:19 P.M. V. APPROVAL OF AGENDA A motion was made by Sharon Price, seconded by Tom Clark and carried unanimously to approve the agenda. 3(.!. ORDER OF BUSINESS A. State Of Arizona / MTC Community_ Treatment Facility_ Discussion / Action Hurvie Davis gave a summary of the issue, stated that this meeting is a follow-up to last week's special meeting, that there seems to have been a big misunderstanding between the Town of Marana, Management & Training Corporation (MTC) and the Arizona Department of Corrections (DOC) in regards to the naming of the facility and the intended uses for it. Marana agreed to having those convicted of drug abuse and/or driving under the influence (DUI). MTC went through a Significant Land Use Change process and agreed to have only DUI's at the facility. Hurvie Davis and Dan Hochuli have spoken with Samuel Lewis of the DOC and MTC people. Mr. Lewis will speak to the issue. There also was a late-arriving fax from Dan Hochuli. Dan Hochuli stated that he and the Town Manager have spoken with Mr. Lewis, and that he had received the fax from the DOC this day and made modifications to the memo. He stated that the Council can not grant a Significant Land Use Change to MTC nor can the Council grant any relief from the Significant Land Use Change. The Council can, however, decide to continue the building permit or provisionally reinstate the permit, which would mean that MTC would continue building the facility for DUI's as set by MTC's original Significant Land Use Change. MTC can build at their own risk a different facility in anticipation of a new Significant Land Use Change. Samuel Lewis, Director, Arizona Dept. of Corrections: He stated that he has seen Dan Hochuli's fax and pa~icipated in its drafting. Ed Honea wanted Mr. Lewis to make a statement and then review the fax memo. Dan Hochuli stated that the important point of the fax is the section on what type of inmate will be assigned to MTC's facility. The DOC's list of definitions of what a "substance abuser" is encompasses a broad range of offenses and is not what Marana had in mind for the type of offender wanted for the treatment facility. Then the DOC fax stated another definition contrary to the others. Helen Key asked about the definition of a "pure drug offender" and Mr. Lewis answered and began a review of the 16 categories of"substance abuser". Tom Clark asked if MTC would have a say in prisoner assignments to the facility by the DOC. Mr. Lewis answered no. Herb Kal asked about item j in the DOC fax, relating to "kingpin" drug offenders. Mr. Lewis answered, said that convicts under item j, "kingpins" are considered to be too dangerous for the MTC facility. Helen Key asked about the DOC's inmate screening process. Dan Hochuli stated that there should be some way for the Planning Administrator to determine compliance of the MTC facility with all Marana laws. Also, it is not likely that the facility will be used only to relieve overcrowding at other state facilities because there are sufficient quantities of inmates in need of treatment. For inmates convicted as "kingpins", they are by definition dangerous and they are not necessarily drag users. Mr. Lewis said that there will be other facilities that dangerous drug offenders and kingpin drug users can be sent to for treatment. Also, he and the DOC would like guidance from the Council and from MTC on the revised Significant Land Use Change for the facility. Mayor Ham wanted the Memo of Agreement for when the Council is ready to take action so that them would be something in writing. Bernie Diamond, VP of MTC, 4683 Brittany Rd., Ogden, UT, 84403: He stated that MTC is still committed to the project despite the difficulty with the original Significant Land Use Change and building permit. They are losing money on a daily basis due to the suspension of the building permit. MTC will mapply for a revised Significant Land Use Change and take their chances. Herb Kal was concerned about the level of security and the use of razor wire. Mr. Lewis responded, said that razor wire is an important safety feature and is used at all of his facilities and would like it to be at the MTC facility despite the cost. Tom Clark asked for clarification on whether "no climb" fences mean fences with razor wire. Mr. Lewis stated that "no climb" fences are different from razor wire fences. Ed Honea asked about the name of the facility and the use of signs along the highway wam'mg that them is a prison facility nearby. Mr. Lewis said that it is DOC policy to put up signs and is not state law. For the safety of the public, there should be warning signs. For liability reasons he prefers a name that clearly states the intended use of the MTC facility. Dan Hochuli concurred with Mr. Lewis on the point of the naming the facility and the liabilities of that naming as well as the providing of warning signs. Calling it a Community Treatment Facility makes it sound like it is a hospital. Tom Clark suggested that the warning signs say "D.O.C." instead of"prison". Mr. Lewis said that "D.O.C" could be misleading to some because other jurisdictions use different terms such as "prison". Ed Honea was concemed that the MTC facility could become a real prison at a later date. Mayor Harn clarified that they should decide on reinstating the building permit. A motion was made by Ed Honea, seconded by Betty Horrigan and carried unanimously to direct the Planning Administrator to provisionally reinstate the building permit of MTC for 60 days in order to allow MTC to request a Significant Land Use Change. Applicant will proceed with construction at their own risk, that there is no guarantee that a Significant Land Use Change will be granted. VII. ADJOURNMENT A motion was made by Ed Honea, seconded by Betty Horrigan and carried unanimously to adjourn. Time: 8:45 P.M. AUDIO TAPES OF THE MEETING ARE AVAILABLE AT THE MARANA TOWN HALL CLERK'S OFFICE CERTIFICATI_ON 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 May 10, 1994. 1 further certify that a quorum was present. ERK I~'.~I~TES~COUNCIL\ 1994.MIN~05-10-94.SPE p~par~ by CoFm L Miller, 5/20/94 Meeting length: 1:35 DANIEL J. HOC IULI & ASSOCIATES 3275 W. 1hZ Road, Suite 109 Tmon, AZ 85741- 2152 (602) 623-1461 Fzx: (602) 544.2871 f transmittal to: [ Sandy,,,, Groseclqs~,, company: I Marana Town Clerk fax: {682-2654 from: ] Daniel J. Hochuli date: NOTES: NOTE: THIS TS A CONFTDENTL~L ,~XiD PRMLEGED COMMUNICATION. This transmission is intended only for the use of the individual or entity, to wtfidt it. is addressed, and contains confidential information that is prk41eged os~d exempt from disclosure under applicable law. If the reader of this me~sage is not the intended recipient, you are hereby notified that any dissemination. ,tlstribution or mpying of this communication is strictly prohibited. If you have received this communication on error. please notify, us immediately by telephone and return the original message to us at the above ackiress ,aa the U.S. Postal Semce. .ARIZONA DEPARTMENT OF CORRECTIONS TREATM_ENT FACILITY-MAR.~NA OPERATED BY M_~,NAQEMENT AND T~qlNG CORPORATION WHO I$ MANAGEMENT & TRA1-SqNG CORPOI~.TION (MTC)? A privately owned company with headquarters iv, Ogden, Utah that specializes in managing Job Corps centers, correctional facilities and building complexes. The company employs %=proximately 4,700 people nationwide and had 180 million dollars in sales during 1993. .aDDRESS OF TIlE FACILITY Physical Address 11590 W, Silverbell Rd. Mm, Arizona 85653 Post Office Box 940 Marana, Arizona 85653 Telephone No. 682-2077 Fax No: 682-2660 ~T I$ TI-IF, NATUKE OF THE FACILITy,*. The faeitky is desi_med to house minimum security (Level 2) inmates and will provide substance abuse treatment in preparation for remm to their communities. Minimum security inmates are classified as public risk level 1 and 2. These inmates classified to these public risk levels present a minimal to low level of ~sk to the public commumty should ~ey escape from Department custody. These inmates generally should be confined in an insdmr/on where housing consists of dormitoNes, multi rooms, or individual rooms, ~W_HAT TYPES__O.F_.RESmENTS WILL BE ASSIGS'ED? Pursuant to Arizorm Revised Stature (A.R.S.) 41-1609 (D)(4): only those offender~ who have been committed to ~¢ .&,izona Departrnem of Corremions on convictions of violafi-n8 A.R.$, Section 28-692.01 (driving or in actual or ?hysical control of a motor vgnicle while under the influence of intoxicating liquor or drugs) or A.R.$. Section 28-692.02 (now A.R.S. 28-697; ~-ggravamd driving or actual physical consol while under the influence of intoxicating liquor or drags) or inmates convicted of drug offenses .~ND have b,en determLned by the Deparnnent of Corrections to need substance or alcohol abuse treatment. The Le~slation per-mining the operation of this facility (H.B. 2002) provides ~at it shall be used "to treat male and female inmates who have alcohol or drug problems." These laws pemfi; t.he Depam'nent to house at this facilky those offenders convicted under the DUI statutes and those offenders convicted of drag crimes ~ who have demonstrated to the Depamuent a need for substance abuse treatment. rnmates are assessed by a Departmental Classific~on Officer a~ reception for a substance abuse score based on the information provided in the pre-~en~ence investigative report, other county documents, and an interview with the inmate. This information is disseminated at the initial classification homing, by cross referencing this information with the rahng criteria for Mcohol/drug abuse treatment found in the classffication manual, (See attached AlcohoI/Dmg Abuse Tr~nnem (A/D) Needs Scoring Criteria) The inmates convicted of the following smm~s fall within the defitfitlon of a substance abuser, and the following statutes describe drug ARS 13-.3402 Possession and sale of peyote; classification b. ARS !3-3403 Possession and sale of a vapor-releasing substance commi~ing a toxic substance: ~al ,,.r~,,~,,. exceptions; r. larificafion 2 c. AKS I3-3404 Failure to r~port sale of precursor chemicals d. A~S 13-3404.01 Possession of precursor chcmicaI e. ~ I3-3405 Possession, use, production, sale or ~ansportation of marijuana; classification 13-3406 Possession, use, administration, acquisition: sale, nlanufacture or transportation of prescr/ption-only drags: classLfication ARS 13-3407 acquisiQon, sale, rransportat/on of classification f~Q!TiIlllSIr a~l o rl~ manufacture or dangerom ch-ugs; h. ARS 13-3408 Possession, use, acquisition, sale, transportation of classification administration, manufacture or · dugs; narcotic r ARS 1.3-3409 Using of minors in drug offenses ARS 13-3410' Sentences for serious drug offenses committed as a part of a pattern of offenses or a part of a crimL.-ml ~nterprlse k. ARS 13.3411 Possession, use or sale of marijuana, dangerous chugs or narcotic drugs on school grounds or near schools; violation; classification; definition i. AKS 13-3415 *Not e!igibie for Mm:arm Possession, manufacrare, d:liveu advertisement of drug paraphernalia and 3 ARS Use of a wire communications or ~tectroni¢ communications to facilitate drug related felonies Manufacture or distribution of imitation controlled subsl:ance; ~rohibited ac~s; classification ARS !3-3454 Manufacture or distribution of imitation prescription-only drug; prohibked acts; classitication p. .~dtS t3-3455 Manufacture or distribution of imitation over-the-counter drug; prohibited acts; classification Inmates convicted of dimg offerises will be screened in such a manner .-,hat only "pure" drag offenders are allowed to pamicipa:e. These participants must have a current conviction for a violation of Chapter 34 (Controlled Substances) or Chapter 34.1 (Imitation Substance or Drug Offenses) of the Arizona Revised Statutes, as described above and as may be promul_a-ated by the legislature and signed into law at some time in the future. These ir~aates may have one or more prior convictions for d~ug of~%mes, however, a felony conviction md incarceration (currem or prior) under any otiler chapter of the criminal code will automatically exclude the inmate, as will any documented history of violence. ?r~-sent~nce investigations reports and other court documents will be carefully reviewed, (i.e., plea bargaining) to discern any history, of violent tendencies, including prior convictions with incarceration as wetl as any' history of convictions and incarceration for felonies other than drug offenses, eittl~r in Arizona or elsewhere, will exclude the inmate from being homed at this facility. All inmates will be Level 2 (minimum security,) convicted of alcohol or drug offenses. This ccrrec:ional facilit?.' will be named the "Ai'izona D¢oarrrnem of Corrections, Treatment Facility-Marana." 4 HOW M_ANY INMATES WILL BE _ASSIGNED _TO TR'E FACILITY AND VvqqAT IS_THE MAXIMUM LENGTlt OF STAY? 350 males, I00 females. Inmates convicted of DWI offenses may sp~d up to 18 months at the facili~' while inmates con,Acted of drag abuse offenses may spend up to one year at 'dan faciliw. This fa¢ili~ Mil house up to 124 male inmates convicted of DWI offenses and 226 male inmates convicted of drug offenses. The 100 female b, mates will be eom.Dosed of DW-I and convicted drug offenders, WI-IAT lglND O_LI~.. SECLrRITY FEATURES WILL TI-I'E FACILITY HAVE? · A 12 foot, no-climb cMN link fence aromad the perimeter of the faciliV. Video cameras will be installed at strategic locations md staff will be equipped with r~ios ro communicate with a centra~ed control center. · Security employees will receive 6 week of training before emptoymem. Inmates wilt not be released from custody into the community of Marana. They will be ~ransported by a friend/family or by Managemem & Training Corn. oration transport to the nearest bus, train or airport location or in unusual cases, m~y be transported to the town of residence. WH,~T TYPE O.F PROGRAMS WILL BE AVAILABLE FOR THE On-ske work programs will betude a variety of jobs including but not limited to Food Service, Mginr~nance, Recreation and landscaping. Off-site programming, which is yet m be developed, will inciude activities, designed to reduce the cost~ to the taxpayers, such as work for · .he Town on roadways, parks, maintenance mad other selected projec-.s. It may' also include work for other townships md/or state agencies · A varie~ of religious programs 5 · Lkeracy educa6on · GED preparation and test/rig · Employability/Life s~Lls training Substance/alcohol im.~:vention and treatment - The basic treatment modalities utilized will be a combination of psycho educational d/reeled co~¢nitive training, self help, mutual help, and directed group process. This program, by necessitY, will be open entry/open exit. This will permit those with a shorter period of incarceration remaining to be served to complete cer'~u core curriculum components, while offering, for those with longer sentences, additional treatment intervention strain,es. During the Fourr.h National Conference on Drugs_~ and Crime (1994), Sherrie Sand:rs, Db:ector, Florida Department of Corrections, substance abuse program, presented an assessment and tier system approach. The system identified an environment where inmates live and work together while developing their recover)., from substance abuse. The duration of the program was identified to be 9 to 12 months. Further, in a Document produced in cooperation with the Alcohol Drag Abuse and Mental Health Admir~stration, U.S. Departmem of Health and Hula, Services, it is pointed out that the "Research consistently suggests that treatment outcomes improve as the time in tmamaen; increases. ~. to about one year in an into'dye program in severe cases." Finally, "Be~nn/ng treatment a year or so prior to the parole hearing po,mits a direct rramition from the prison tre, a~ent program to a community based program, which is advised." WHEN WILL PERSONS BE ALLOWED TO VISIT THE INMATES? Family members and fi:iends will only be allowed to risk during t2uose times approveci by the State (usually !0 a.m. ;o ~ p.m. on Saturday. Sunday. and Holidays). 6 WlqAT BENEFITS WOULI~4. COMMIJNITY TREATMENT. CENTER_ PROVIDE THE LOCAL CO.,MMirNITY? Approximamly I00 ~ll-time positions (i.e., Adm;nktrators, Insn'uc:ors, Counselors, Residential Moni:ors, Health Services, Food Services, Clerks, etC.). Purchases of supplies to operate the irmrimfion will b: made, whenever possibi¢, from local vendors, Approximately 6 million, dollars in construction revenues. Approxima::ly 6 million dollars annual operations budget. Approximately 2.5 million dollars in local payroll. · Inmates will be available for supervised community b:autification projeclm. · Preference will be given to qualified local residents duiing hiring. · MTC will provide training for local residents hired for ~mployment. · Increase in local tax base. VEI:IICLE TRAFFIC VOL~JME It is estimalmd that th~'e will be less thml 60 vehicles per day coming to the facility. UBC OCCUPAb:CY CLAS$IFICA~I~ON The facili~, is razed I-3. FLi~ARDOUS MATERL&LS PROGRAM The facility will adhere to the Depa~m~ent of Corrections Interrmi Management PoLicies whick is Ln compliance with chapter 9 of the UBC regarding hazardous materials and procedures. 8