HomeMy WebLinkAbout05/05/1994 Special Council Meeting Minutesiiiiiiiiiiiii!ii?iI MINU FES O1~ SPECIAL COUNCIk MEETING
~ii:ili!i!iii!!!~ii~!~ MARANA TOWN COUNCIL
!iiiiiiii!iiiiiiiiili!ii? MAYS. 1994
MARANA
Marana Town Hall, May 5, 1994.
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By Mayor Ora M. Ham. Time: 7:14 P.M.
Hedge of Allegiance and Invocation led by Mayor Ham.
II. 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. Grosecluse
Gerald M. Flannery
Daniel Hochuil
members of the public.
Town Manager
Town Clerk
Planning AdminisWator
Town Attorney
III. ROFB
A. State of Arizona / MTC Community_ Treatment Facility_ Discussion / Action
Hurvie Davis gave a summary of the Item. Stated he would like this issue resolved.
At the Mayor's request, Dan Hochuli explained the legal issues and history of the MTC facility.
Ed Honea suggested that Mr. Hochuli explain Significant Land Use Change documents. Mr. Hoehuli did so.
Samuel Lewis, Director, Arizona Department of Corrections (DOC): Stated his apologies to the Town for the misunderstanding.
Said he would like to work out an agreement. He stated the reasons for his past actions and explained the classification system
used to select inmates for the facility, He proposed a name alternative: "Arizona Department of Corrections - A Corrections
Treatment Facility for Substance Abuse Offenders Operated by MTC". Highway warning signs would remain the same. He
stated his offer of 100 beds for female offenders for drag and alcohol abuse and 100 beds for male DWI offenders only, and 250
beds for male drag offenders. Length of stay would be about one year or more instead of just 6 months.
Dan Hochuli stated a legal problem that the Town has, said that just because the State Legislature authorized the DOC to put a
facility in Marana, Marana is not obligated to accept the facility. Marana could be liable for the facility if it is not what was
expected and something happens to cause a lawsuit. Currently, the Significant Land Use Change is for DUI offenders.
Mr. Lewis commented on the interpretation of the Senate bill 1104 section 2 that stated the bill was approved by the Council.
He wanted to clarify just what the Council can approve: does the bill have precedence or the Council over the bill's language.
He stated that he cannot act at this time on the two present choices: 1) Run the facility as it is: a DWI treatment facility (it
violates State statute); or 2) do a Significant Land Use Change.
Mayor Harn stated that the legal difficulties should be resolved.
Helen Key asked whether the DOC seeks a new Significant Land Use Change, could the DOC reallv make a change for the
facility. Mr. Lewis responded, said that there are official restrictions as to what DOC facilities can do. He has already got a
mandate and a budget so he cannot make changes.
Tom Clark stated that a Significant Land Use Change is most likely and asked about Mr. Lewis' assistant directors and their
capabilities to act for Mr. Lewis. Mr. Lewis stated that he did not know that Mr. Moore had previously said at the April 6,
1993, Council meeting that the MTC facility would not be a prison. That was incorrect. He had sent Carl Nink to correct Mr.
Moore's statements.
Tom Clark suggested that the entire process be started over from the very beginning to make sure everything is done right to
everyone's satisfaction. Or at least get the DOC's intentions and promises in writ'rog. Mr. Lewis responded, stated the DOC can
never become the owner of the facility; MTC already owns it. Because the cost to the DOC for treating inmates is dependent
upon how many are at the facility, Mr. Lewis stated that he is motivated to provide as many treatable inmates as possible. In
order to do that, certain criteria must be set for selecting treatable inmates from the greater inmate population of Arizona. Those
inmates that were convicted of drug, alcohol, or DUI offenses would be possible candidates.
Ed Honea questioned the highway warning signage. Calling the MTC facility a prison has a negative connotation. Mr. Lewis
restated his position that the warning signs are the same throughout the state. Despite the connotations, the warning signs are
necessary for public safety.
Helen Key asked about the type of offenses that the Significant Land Use Change allows for the inmates at the MTC facility.
Dan Hochuli explained that the offenses are DUI: Driving Under the Influence (of alcohol or prescription or illegal drugs).
Mayor Harn asked whether Mr. Lewis' proposal is covered under the current Significant Land Use Change. Dan Hochuli
answered no. Also, the Council cannot vote any change m the Significant Land Use Change. The Council can direct Staff to
discuss the two proposals with Mr. Lewis and return to the Council the agreement on facility use and sign wording and
placement (although the Council cannot vote on it).
Tom Clark asked if the Council could rescind the current Significant Land Use Change permit for MTC. Dan Hochuli
answered no. IfMTC is now complying with the permit, then the stop work order must be rescinded.
Recess. 8:45 P.M.
Back in session. All Council Members present. 9:09 P.M.
A motion was made by Ed Honea, seconded by Sharon Price and carried 6-1 with Tom Clark voting no, to direct Staff to meet
with the Arizona Department of Corrections and MTC to work out a compromise on Tuesday, May 10, 1994, at 7:00 P.M. Tom
Clark objected to the use of the word "compromise". Ed Honea suggested amending the motion with the word "agreement".
IV. ADJOURNMENT
A motion was made by Ed Honea, seconded by Sharon Price and carried unanimously to adjourn. Time: 9:12 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 tree and correct minutes of the Special Council Meeting of the Marana Town
Council held on May 5, 1994. 1 further certify that a quorum was present.
TOWN CLERK
SLG:clm
H:WiIN UTES\COUNC1L\1994.IVlIN\05-17-94.MIN
Meeting Lengfl~: 7:14 P,M. - 9:12 P.M. (2 hours)
Minutes prepared by Colin L. Miller~ 5/20/94