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HomeMy WebLinkAbout04/19/1994 Regular Council Meeting MinutesPLACE AND DATE: Marana Town Hall, April 19, 1994. i. _CALL TO QRDER By Mayor Ora M. Ham. Time: 7:08 P.M. /_L ?LEDGE OF ALLEGIANCE Led by Mayor Ora M. Ham. I/l. INVOCATION/MOMENT OF SILENCE Invocation by Father Nacho. IV. ROLL CALL Council Ora M. Ham Sharon Price Tom Clark Ed Honea Betty Horrigan Herb Kai Helen Key Mayor Vice Mayor (excused) Council Member (excused) Council Member (excused) Council Member Council Member Council Member ~T_AFF: Hurvie E. Davis Sandra L. Groseclose Bob Kern George Kline Daniel Hochuli Marcia King Randy Ogle 26 members of the public. Town Manager Town Clerk Public Works Superintendent Magistrate Town Attorney Volunteer Building Inspector V_. APPROVAL OF AGENDA A motion was made by Helen Key, seconded by Herb Kai and carried unanimously to approve the agenda. V_!I. A_PI~'ROVAL_ OF MINUTES A. Regular Minutes, March 8, 1994. B. Regular Minutes, March 15, 1994. A motion was made by Betty Horrigan, seconded by Herb Kal and carried unanimously to approve the minutes of March 8, 1994, March l 5, 1994. Helen Key abstained from approving the minutes of March 15, 1994. VI~I. PETITIONS AND COMMENTS None. VII! ANNOUNCEMENTS Hurvie Davis introduced two new employees, Randy Ogle, Building Inspector, with kids Tommy, Erin, Warren and Haley; and Marcia King, Management Assistant, and husband Richard King, IX. STAFF REPORTS A. Engineer's Report, Mick Mathieu. On file. B. Public Works Report, Bob Kern. On file. C. Magistrate's Report, George Kline. On file. D. Building Inspector's Report, Randy Ogle. On file. E. Recreational Site Manager's Report, Pat Soria. On file. F. Financial Report, Roy Cunron. On file. G. Planning Administrator's report, Jerry Flannery. On file. H. Legal Department's Report, Dan Hochuli. On file. 1. CDBG Report, Dan Groseclose. On file. ~X. ORDER OF BUSINESS A. K-Mart Corporation's Request For A Series #9 Liquor License Virginia Kelly, representing K-Mart, 33 N. Stone, Tucson: She stated that the new Super K-Mart wants to sell packaged alcoholic beverages in the san~e way as Price Club which a #9 Liquor License would allow. A motion was made by Herb Kal, seconded by Betty Horrigan and carried unanimously to approve the request for a Series #9 Liquor License for K-Mart Corporation located at 4075 W. Ina Rd. _B. Appointment Process For The Selection Of The Town Magistrate Hurvie Davis gave a summary, said that Town Magistrate George Kline will retire and Russell Dillow was recommended to replace Mr. Kllne until a permanent replacement could be found. Dan Hochuli gave additional information, said that the job announcement should be placed in a legal newspaper, The Writ, and other publications. He supported hiring an interim magistrate. Russell Dillow, attorney, Tucson: He introduced himself, answered questions. A motion was made by Betty Horrigan, seconded by Helen Key and carried unanimously to appoint Judge Russell Dillow as Judge Pro Tern for the Town of Marana. The motion was amended to include the Town Manager will put a temporary salaxy amount until the next Council Meeting. C Management Treatment Facility_ - Signage Information ~ Bill Blissett. Director Mayor Ham played a tape recording of a past 1993 Council Meeting where an Arizona Department of Corrections (DOC) representative, Mr. Moore, stated that the Management & Training Corporation's treatment facility was not intended to be a prison but as a community treatment center. BEGIN TRANSCRIPT: Carl Nink, Assistant Director for Commtmity Corrections, Arizona Dept. of Corrections, 1601 W. Jefferson, Phoenix: He addressed the naming issue and answered questions: My name is Carl Nit~k and I'm the Assistant Director for Community Correction. My address is 160l W. Jefferson and l'm here to address the concerns expressed by Mayor Ham and Mr. Davis the Town Manager over the naming of the facility that is located in your community. I can appreciate your concerns and believe that it is definitely an unfortunate situation that the full name of this facility was not articulated clearly early in previous discussions. It is however a name that is consistent with the mission of the Department of Correctinns specifically to serve and to protect the people of the State. The Director is the responsible authority to properly title institutions. He has consistently referred to them as prisons, to convey their function and to inform the citizens about their operations. To call a prison anything other than a prison is incorrect. Tile purpose ora facility is generally delineated in the name of the facility. Which in this case is the Arizona State Prison Marana, A Community TreaUnent Facility for Substance Abuse. This clearly defines who will reside in the facility and that the focus is treatment. The Department also has a duty to erect signs that inform the public that inmates are residing in the nearby facility so that the public will avoid picking up hitchhikers who might be possibly escaped irnnates. This standard has been in place for many years as a method to protect the public and reduce the State's exposure to liability. While we take every precaution to safeguard the public, we cannot always guarantee the behavior of inmates as we cannot predict the behavior of neighbors. The Town Council approved and cited the facility recognizing the benefits to be derived from the construction and operation of the facility in this community. The private prison industry across the country has proven to be a clean industry providing taxes and increasing revenues as it employs the citizens of the local communities. In spite of the name, the Town will still have the jobs and the operating budget which will contribute enormously to its economic development. The payment of property taxes on this private prison, the income from the facility's business licensees, and the hundred new jobs with the annual payroll estimated to be in excess of two million dollars. Which will add significantly to the future development of this community. Other important economic benefits will include the use of inmate labor in a variety of projects to include road improvements, landscaping projects, for parks and other recreational areas, maintenance and renovation of public buildings amd may mom. Again, this project will provide benefits that do not change with the naming of a facility. I have copied for distribution a letter from the Graham County Manager, Mr. Joe Carter. Fie describes some of the newly, the many benefits from having prisons in a community. He told me just the other day that housing starts are up. Professionals such as doctors, dentists and pharmacists are moving into Safford and property values have not been hurt, contrary to the belief of some. To be specific, in his letter, he writes 'the Graham County areas is home to two state prisons and a federal prison. The Ar/zona State Prison at Ft. Grant has been in existence for many many years and the Arizona State Prison at Safford has existed since the mid 1960's. The prison at Safford is located approximately ten miles east of the County seat near the unincorporated community of Solomon. Initially it was a minimum security facility for approximately 300 inmates. Through promotional efforts by our community leaders and an elected official, a 250-bed medium security facility was completed last year. We hope that in the near future an additional 250-bed unit will be added to the medium security prison. Graham and Greenlee area local governments have participated in the inmate work - release program for over thirty years. On any given day local governments utilize about 150 minimum security inmates as a means to provide a most cost effective public service. Those services include solid waste collection, custodial services, golf course maintenance and the county maintains a 200-acm parks and recreation complex all with inmate labor as the resource. We have also found that the system inmates with a wide array of technical skills ranging from surveyors, electricians, block layers, carpenters, draftsmen and welders. Their talents have been put to use in the construction and renovation of numerous public buildings, playground equipment, baseball diamonds, etc. Most of these projects could not have been accomplished without this labor resource due to our financial limitations. In addition to the above benefits, the prison system has provided employment opportunities for area citizens and generated significant payroll dollars with the ever-increasing trades and sales component of our county-wide economic base. In closing, there have been only a few minor isolated incidents involving inmates and local citizens over the 30-year history with our inmates work release program'. I made some extra copies so that I could share those with you because he also said that he would be glad to meet with you over the phone to tall more in detail about what it is that he sees as a benefit having prisons in his neighborhood. The prison at Marana will contain inmates as do all prisons within Arizona. These inmates, however, will be minimum security inmates, each nearing a release date and each identified as an inmate who could benefit from the trealment program. It should be noted that departtnent officials will be on-site to maintain accountability and oversight. This oversight is built into the corm'act and will afford increased community protection. We want to assure you that over the past years the escapes from secured facilities has constantly diminished as we utilize a classification system which considers an inmate's risk to the public and to the order of the facility. We are tremendously proud of this system as it has proven itself time and time again with regards to the classification of these inmates. It is important to recognize that 20% of the prison population throughout the State is sentenced out of Pima County. Some of yunr neighbors will benefit from the treaanent and hopefully return to this or adjoining communities as better and more productive citizens. You are to be commended to your commim~ent to the public's protection. In closing, I would like to state that the Deparanent of Corrections is very much committed to the success of this project and we will take great care in providing oversight and ensure public protection. We expect that this facility will meet the standards which we have established for department facilities. Lastly, the Department deeply regrets any misunderstandings, however there was never any intention by the Director or any other department official to name this institution anything other than a prison, It was even put forth during legislative testimony that this would be a Level Two prison meaning that it would house minimum custody inmates. I guess 1 would like to try to answer any questions if you have some... Helen Key: Madam Mayor. You said that it is the Director's prerogative to name any facility, lfthis is designated by State law, Arizona Revised Statutes, that he may name the facilities under his direction? Carl Nink: Madam Mayor, Councihnember Key, the Director under the duties and powers has the responsibility and the authority to name institutions, under state law. Helen Key: Did I understand that this was a new type of facility for the State of Arizona? Carl Nink: Madam Mayor, Councilmember Key, yes, it's the first private institution that we have ventured into. Yes. Helen Key: Other than it just being private, is it more dedicated to vocational and rehabilitation thrusts and for more ready for release prisoners, or not? Carl Nink: Madam Mayor, Councilmember Key, this institution has a focus of treatment, the treatment component at this point stands to be a greater emphasis than other facilities-- but it is just an emphasis-- this facility will focus on work as well, we believe that it is important for inmates to have a good work ethic before they go out into society because it is very difficult for inmates who come out of a prison to make it out on the streets so establishing a good work ethic is very important. It's also equally, I would say, as important to have whatever substance problem at least have some education go on with regards to those kinds of matters before they exit so that they don't come rigt~t back in (to the prison system). Helen Key: My other question being, is it possible to provide our Director of Prisons to consider this fact that this is a new, and I think sort ora unique concept that there doesn't seem to be many states who are progressive in that they're beginning to see the need for that kind of a rehabilitation, you know, paxticularly, DUI's and drag users or substance abusers, and I wonder if there's any way to prevail upon him to consider that a different type of name might be producement for the state and it might be a help to the individuals who do graduate, so to speak, when they go to seek a position. Carl Nink: Madam Mayor, Councilmember Key, the name of the facility being a prison is important because that is the way that we have operated for many years, it's important that we have people aware that you have people inside a prison that are offenders, they are not people who are away for a short period of time.., they are inmates, and I think a number of things happen in regards to this unfortunate situation in the naming. 2tie concept of this being a community a'eatment center I think was ill-advised. I don't believe that Mr. Moore had clearly developed an understanding with the Director. I know when I came into this position about three months ago, that was one of the issues that I had to take before the Director to revisit, if you will, because there were some questions about what would be the name of this facility en toto. It was always my understanding, and I was not involved in this project, I saw it from afar as the Assistant Director For Human Resoumes but it was always my understanding that this was a minimum custody prison that was going in Marana after you all agreed to cite the institution, but 1 never undemtood it to be a community treatment center it was only a prison. Helen Key: ~/here was another word in there, it's "correctional" which makes it a part of the correctional system and that was always included in my conception of what we had here. Mayor Harn: What this council looked at was put before us was the request for a sealed proposal put out by the State of Arizona Department of Correction. The proposal was for community correctional treatment facility for the treatment of inmates demonstrating a need for substance or alcohol abuse intervention. When it went before the State Legislature and was given a Senate bill #1104, it was given to the Legislature as citing a private security community correction treatment facility. At no time was it ever brought before this Council as suggested that once this Council made a decision on a concept that they haven't changed their mind about, I don't think, we see it as a very [end of tape 1, side one] ... going to try to treat their problems keep them six months and see if we can't put them back out on the street and they won't come back and have to be incarcerated again. What we feel badly about in this Town and I think 1 feel I speak for my colleagues and for the Staffin this Town is these elected officials set in this position and because they were told this was a community correctional treatment facility we accepted the concept, we went to our community and told our community that this is a good thing for us. Then, when everything is done, nobody says a word to us until we have a gmundbreaking and half the buildings are up and somebody comes over and puts up a sign that says Arizona State Prison. None of this was discussed with this Town. We never had opportunity to discuss this. You have made the Arizona State Depamnent of Corrections has made this Council look like it's stuck here and pulled a fast one on the community. We don't appreciate it. None at all, sir. I have gone to the Governor of the State, and I can tell you that I will make myself known that we in this Council tried to act in the best benefit of our community and we had no cause to lie to our citizens because you heard for yourself what the tape said. I can show you in evidence what the State Legislature sent to us and what proposal the Arizona Department of Corrections put out to the people of Management and Training Center and I want to say right here and now it was not the people of Management and Training Corporation, I think they were in good faith with us and though the same thing we did. l feel the State blindsided us. The elected officials that sit on this Council have to face their constituents and most of these people who sat here, we have never had a finer Council than what you have sitting here now, 1 can tell you you have not only created mistrust in this community, you're going to have a hard time going to another community and try to sell to some elected officials on this kind of thing. You're Director may have been doing this for 900,000 years and that's half of what's the matter with government, they can't seem to get up out of a rut. Is there any other thing that the Council would like to discuss? Councilwoman Key. Helen Key: I do want to say this. We've, at least 1 when I voted for this, I had been for years hoping the State would be progressive enough to perceive that people who are drank drivers or who took an overdose of chugs or used drugs too often were rehabilitatable and that instead of being a cost to us they should be paying to support their State government. I for one was delighted to see this, and 1 was extremely supportive of it and I'm sure that from what Ora said you'd understand that. We understand all the benefits but more than those benefits was the human benefits to the people who would be treated them and they come out of the Arizona State Prison as opposed to a Marana Community Correctional Treatment Center. It's different, it makes them feel different about themselves. I would like for your d/rector to reconsider. Betty Horrigan: I agree with everything that has been said by Mayor Ham and Councilwoman Key, and I would like to say that you have gotten a really gmat idea it is a really excellent idea for everyone. It's new, it's progressive, so why the old thing. I don't see it. Just put it back the way it was. It's frae. Herb Kai: I would just like to say that it's quite disturbing that this has come about. I think the citizens of Marana and myself were misled to believe that this would not, was supposed to be a community treatment facility and now we get, it's going to be a prison. We have a recording fi'om people from the Deparanant of Corrections have said was a commtmity treatment facility, 1 just think, if you were here testifying and representing it as a prison with dangerous criminals, it definitely wouldn't fly with the Council here. So we hope you will reconsider with the name change. Carl 1Nink: Madam Mayor, members of the Council. I guess I can appreciate how you are feeling right now, but I believe the essence of what Mr. Moore said is still true. This is a Community Treatment Facility for Substance Abuse. It just has the nmne that is consistent with all other names throughout the state and that being a prison. We believe that it's incorrect to call something other than what it is. And for somebody to have escaped who may have some kind ora history that would create some kind ora problem in the community later on and somebody would say that we thought that the people you had in this community treatment center were all people who were not inmates, that didn't have histories of any kind of assaultive histories or any kind of, I mean, the inmates that we're going to have here have substance abuse problems but their instant offense, their crime, could be any one of a number of things that the circumstances of those crimes could have been pled to burglary and when they went into a house and physically assaulted somebody trying to get things to support their drag habit and the plea bargain that took place with regards to that could bargain that down to a burglary they may be here on a burglary by the cimumstances of that offense may be assaultive in nature. And you're going to have people with assaultive histories, you're going to have people with assaultive histories, you're going to have people who have property crimes, crimes against people and to call it a community treatment center would give the population some kind of message that's incorrect to tell them that you have a prison is a correct message. Mayor Ham: And why would that appear on the proposals and on the legislation, that was before the Legislature? Carl Nink: Madam Mayor, the only information, as l said 1 was not involved in the early stages of this, but the testimony during the legislative season was such, I've been informed, was such that it was a Level Two prison that we're creating. I understand what Mr. Moore said and like I say, we apologize for any misunderstandings but the Director was very clear with me when 1 talked to him about this that it has consistently been his position that this is the Arizona State Prison. Mayor Ham: It was strangely silent until altar this was approved and half-built... Carl Nink: Well, I don't know, Madam Mayor, that Director Lewis has ever been silent on things, he may not have been asked the questions, Ijust don't know, like I said, I was not a party to what went on prior to the Council meeting. Helen Key: l just have something else to state, During all the presentations made to us by Management Corporation and the State Correctional individual, it was stated to us that the inmates at this facility would be highly screened before they would ever roach this facility, that they did not come from a history such as you have been describing. That these would be very very minimally required, whatever you want to describe it. At any rate, all the people who talked with this Council describe the people who would be at this facility more as being ill than being criminals from substance abuse of one kind or another that they would screen and screen and screen to get down to that type of person at this facility, ls it not possible to start a new file in the State, does it have to be Arizona Prison dash dash Marana, or could it be Correctional Treatment Facility dash dash Marana? Carl Nink: Madam Mayor, Councilmember Key, the Director has made his decision with regards to the naming of the facility and that's the name that the facility will have as long as the State contracts with it or in the event that the Director changes the Mayor Ham: I don't know if Mr. Blissett would like to come forward and speak to this issue. Thank you Mr. Nink for coming down. I think the one thing I'd like to say that kind of follows what Councilwoman Key said is that it was our understanding that these people would be screened and the people that would be coming here would be people who they felt could be rehabilitated in six months with six months treatment and returned back to society and in that case would maybe keep people from coming back into the correctional institutions. Carl Nink: Madam Mayor, the numbers that l've looked at in terms of population, there should be approximately four to five thousand inmates in the correctional system that we will screen for placement, so what we're looking for is those individuals that represent the need for treatment and who are minimum custody that meets several other criteria that we've established that would fall in line with other minimum custody facilities and specifically the Director has excluded anybody that might have a murder or any kind of sex offense or any kind of kidnapping would be excluded from the facility. There are murderers and sex offenders and kidnappers in other minimum custody facilities on their way out of the prison system, so it's different from other minimum custody facilities in that exclusion, but just to clarify that point for you, we are going to screen people so that we pick out the kinds of people we can feel will benefit from the treatment programs that we offer here, we don't want to waste taxpayer dollars on somebody that can't benefit from this so we're going to look for those people and we're also going to look for people who we feel would be appropriate to work in the community the classification system that we've set in place that's in use throughout the Department and will be in use here will also help us screen people for correct placement. Mayor Harn: Thank you. Mr. Blissett, if you'll give your name and... Bill Blissett: I'm Bill Blissett, Project Director of MTC for the facility. Most folks here know me a few in the audience may not I've been on board with this project for three months starting this project down here. From MTC's perspective, I think I would say simply that regardless of what the name is now or what is will be resolved to be anytime in the future, we're going to operate a frrst-class, highly professionalized correctional facility. Regardless of the name, I would pledge to you that we will maintain strong positive relationships with the community we are using the term, the name Arizona State Prison Marana right now because that was the decision of the Director of the State Department of Corrections. The Department of Correctinns is our customer if you will, so I guess in a nutshell, right now we're kind ofmainta'ming a position of neutrality if you will on the name issue itsel£ Let that be an issue of the community and the Department of Corrections will sort out. But regardless of that, we're going to continue progressing with the construction of the facility and putting together a professional staffto run it. It will be run securely and it will be run with a strong treatment focus and 1 intend to make it the best facility possible in the state. And that's about what I'd say right now. Mayor Harm 1 think that one of the questions I've heard on the street is that they can come to us and say this is a correctional treatment facility and then when we come back and get it half-build come in and put in the name Arizona State Prison, then what happens when they want to change it from a minimum security facility to a maximum security facility, do they then just come in and put up a sign and say we now have changed the mission of this institution? Bill Blissett: That's an issue that's probably more easily controlled and resolved than this nan~e issue because fa'st of ail the facility itself is designed to be a minimum security facility regardless of what name is applied to it. Structure wise, it can accommodate minimum security inmates at most. It simply doesn't have the security measures, the security physical features, nor the staffing to go to any higher level of security. Second of all, I would think that the use permit or whatever document is in effect that the Town said here's what we agreed to that is what will drive the level of inmates here. The contract between the Department of Corrections and MTC calls for a minimum security inmate, nothing higher. And I would think that if anybody was going to want to put a higher level inmate in the facility that the approval of that would have to come from the Town of Marann. MTC certainly can't change it, we can't agree to accept a higher level inmate. And I think that's something that the Town of Marana would be totally in control over. Hurvie Davis: Madam Mayor, members of the Council, I feel that I have misled the Council. As all of you know, I've been involved with this process since Day One. We worked extensively with the Department of Corrections staff and officials, we've worked with a number of prospective bidders on the project coming into Marana looking for a location looking for a building initially, an existing building which we could not fred one, they went to other communities, they got turned down in other communities, and they came back to us. We've worked very cooperatively in a public-private partnership, state government, local government, private sector to really advance an excellent concept in the State of Arizona and doing it with the private sector which I think can do it better. In order to put this facility in the ground, we were dealing with a private company, they were the ones that made the application for the facility, they submitted an application for the Significant Land Use Change on 25 acres of land located within the Town of Marana on July 6, 1993, 1 sent a letter to MTC which reads as follows: "This letter will confirm that the process for completing a Significant Land Use Change application for your proposed community treatment facility in the Town of Marana, Arizona, has been completed without objection by any interested party and became effective on June 28, 1993. The next step in the process is to submit development plans for the project to the town Building Inspector and the Town Engineer for plan approval and review by the Planning Commission and the Town Council. If you have any questions, feel free to give me a call." With that process, really got up running and so forth. That was a lot of concern expressed initially about this facility coming into Town. I was under the understanding by the verbal communication by ttte written communication this was a community treatment facility and what we approved. We are a fast-growth community right now. There are a lot of developers that came to me and said they were concerned about this facility impacting the growth of this community and their projects. Much as which was experienced in the El Mirage ~ Sun City area. 1 assured them that this was a minimum security facility, not a prison, and it would not have that connotation. Mr. Nink has enumerated the many benefits from this facility. And as l've stated, and will state again, I think it is an excellent concept, 1 think that the facility is an asset to the community, but by giving it the name of a prison there are many dis-benefits associated with it in my opinion, and 1 think Mr. Wheeler Abbett who is Chairman of the Planning and Zoning Commission can probably also speak to that issue. But there is a negative associated with a prison. You make no distinction between a prison in Marana and a prison in Florence. With thousands of people daily traveling down the Interstate and they'll probably see signs or they'll use Sanders Road, they see signs that say Arizona State Prison Marana, perception is the big problem even if they never go back to the facility, they don't know how it operates, they know it's a prison. Prisons have been around since 16th Century, or something hasn't really changed much. I think it's time government came of age I commend the Legislature and the Department of Correctiuns on this process and on this facility on the whole concept. But simply sticking with the name prison doesn't do anything, in my opinion, for the facility nor the community. I feel that I have misled you and feel 1 have been misled. And the things that I have heard today this evening, and all, had I heard those san~e issues back some time ago, 1 can assure you my recommendation would not have been in the positive and I think Mr. Hochuli the Town Attorney has some things he would like to present to the Council as well. Dan Hochuli: Madam Mayor, members of the Council, if I could as Mr. Nink to come up again to the microphnne, l had a question that may clarify this issue a great deal. Mr. Nink, I think that maybe there's something you can tell us that will clarify it and will make this thing a whole lot easier for everyone involved. Mr. Davis just said public perception is the key. And I think that's the same thing you were saying. You don't want the public to be misled, is that correct? Carl Nink: That is correct. Dan Hochuli: Alright. 1 think the issue is that if we put up a sign that says it's a correctional treatment facility, then the public is not properly noticed that what it is is a prison, right? Carl Nink: Yes, in essence, yes. Dan Hochuli: What do you mean, "in essence"? Carl Nink: The prison system has facilities throughout the state, this is another facility that is going to house inmates. To call it anything other than a prison is incorrect and would be misleading to members of the public who may be traveling down the roads or, it needs to be called a prison. Dan Hoehuli: You are here tonight in your official capacity as Assistant Director of Community Corrections for the Arizona Department of Correctinns is that correct? Carl Nink: Yes. Dan Hoehnli: Do you have the authority to speak on behalf of the Arizona Department of Correctinns tonight? Carl Nink: I have that authority granted to me by the D/rector. It does not include changing the name tonight. That is not a negotiable item. Dan Hochuli: The Director knows that you're here tonight. Carl Nink: Yes, sir. Dan Hochuli: And the Director knows everything you've said tonight? Carl blink: He does not know everything that l've said tonight, but he has made it clear to me that he wants this called as it is, he is the one who named the prison and that's his responsibility and authority. Dan Hoehuli: Thank you. Madam Mayor, we do have a problem, as Mr. Nink, he did clear it up, I think the issue's been cleared up completely, frankly, as Mr. Nink said, if the public is told this is a treatment facility, the public is not properly informed. And he also told us he had the authority to be here tonight and he speaks on behalf of the Arizona Department of Corrections. In my absence over the past four days I had my staffdo some research and they did a great deal of research and found a quite a number of things, and one of the things they found was a whole slew of Arizona case law that indicating that for a significant land use change, the public needs to be properly notified of the use. Mr. Nink was good enough to tell us tonight that by calling it a community treatment facility, the public would not be properly notified, therefore under the significant land use change, we don't have a land use for this. So, 1 will discuss it with the Planning and Zoning Director, he's not here this evening, but we will set up a meeting later this week and figure out what applications will have to be filed, we'll have to go, I'm not sure how much a delay they're opening, I'm hopeful it won't delay it too much, we'll have to, we have to publish notice to all the residents and go through the Planning Commission and all those things, but on the completion of that, if it's properly accepted by the Planning Commission and the Council the significant land use change to the prison can be granted and they'll be able to open the facility. Thaxd~ you. Carl Nink: Madam Mayor, lfI can, having the name the Arizona State Prison - Marana - A Community Treatment Facility for Substance Abuse I believe is within the land use permit. It clearly identifies it as a community treatment facility and for substance abuse, so the, I believe that, that clarifies the issue as regards to land use and I don't believe it deviates from that purpose that was originally set up and the benefits that can be derived from having the institation in the community. Mayor Harn: Well, 1 think that's a decision our attorney will make in our people will make in this community best as your Director has made his decision. So we will let you know how it ends. If there's no further questions, we will go on to Item X- D... we will take a five minute recess. END OF TRANSCRIPT. Recess. Time: 8:07 P.M. Back in session. Council Members present: Mayor Ham, Herb Kai, Helen Key, Betty Horrigan. Time: 8:40 P.M. Joan Berryman, Greater Marana Avra Valley Chamber of Commerce: She spoke on public inquiries to the Chamber concerning the MTC facility and the public's perceptions of Marana with the facility being a "prison". Wheeler Abbett, Chairman, Marana Planning and Zoning Commission, 7505 W. Mountain Sky Dr., Marana: He stated that the naming of the facility as a prison was never discussed. ~D. Approval Of Preliminary Plat Map For Parcel #3 - Continental Ranch. 120 Lots. P&Z File #94-2302 Hurvie Davis stated that the plat is recommended for approval, however final plat approval is contingent upon adequate sewer capacity. A motion was made by Helen Key, seconded by Betty Horrigan and carded unanimously to approve the Preliminary Plat Map For Parcel #3 - Continental Ranch, 120 Lots, P&Z File #94-2302 as stipulated by the Planning Commission. E__. _Approvol Of Preliminary Plat Map For Parcel #4 - Continental Ranch. 145 Lots. P&Z File #94-2303 Hurvie Davis stated that the plat is recommended for approval, however fmal plat approval is contingent upon adequate sewer capacity and that Kearny St. and Kearney Dr. be continuous. John Wood, WLB Group, representing Richmond American Homes, 4444 E. Broadway, Tucson: he addressed the conditions of approval. Wheeler Abbett, Chairman, Mamna Planning and Zoning Commission, 7505 W. Mountain Sky Dr., Marana: He addressed Mr. Wood's statements. Mick Mathieu suggested that there be more time to review the proposed changes. A motion was made by Helen Key, seconded by Herb Kal to approve the Preliminary Plat Map For Parcel #4 - Continental Ranch, 145 Lots, P&Z File//94-2303 as stipulated by the Planning Corrmfission. Motion withdrawn. _F. ,AI)proval Of Preliminary_ Plat Map For Parcel #9 Continental Ranch - 237 Lots. P&Z File #94-2304 Hurvie Davis stated that the plat is recommended for approval, however final plat approval is contingent upon adequate sewer capacity. A motion was made by Herb Kal, seconded by Betty Horrigan and carried unanimously to approve the Preliminary Plat Map For Parcel #9 - Continental Ranch, 237 Lots, P&Z File #94-2304 as stipulated by the Planning Commission. G_. Request By the Save The Mac Committee To Have The Town Sien Off On The Title To A Diamond Rio Truck That Was Donated To Their Committee Several Years Ago. Mayor Ham gave a summary. Sandra Groseclose provided additional information, Betty Horrigan also spoke, Dan Hochali addressed the legal concerns, recommended further study of the issue. __H. Di$~:u~sion Of Joint Council / Planning And Zoning Commission Retreat - Wheeler Abbett Wheeler Abbett, Chairman, Marana Planning and Zoning Commission, 7505 W. Mountain Sky Dr., Marana: He stated that Marana is rapidly moving toward the status of City. The Council and the Commission should get together. Mayor Ham suggested that Hurvie Davis and Mr. Abbett work on setting a date, I. Discussion Of Town Roadway Improvement Pro_leer Mayor Harn stated that this issue should be postponed. ~. FY 94-95 Budget - Request For The Delayed Schedule For Final Adoption Hurvie Davis gave a summary, recommended that the Council approve the budget. A motion was made by Herb Kai, seconded by Helen Key and carried unanimously to adopt thc FY 94-95 budget to occur on or before August 2, 1994. K- Ron Caviglia - Council Authorization For Final Payment. Subiect To 30-Day Judgment Period. Hurvie Davis gave a summary, recommended that Mr. Caviglia be paid in full. A motion was made by Helen Key, seconded by Herb Kal and carried unanimously to pay Rnn Caviglia in full $17,000 for services rendered in the Ina-Thomydale annexation. ~. Financial Allowances For Mayor And Council. Postponed to a future Agenda. l~!. Mayor's Report. Written report. ~N. Town Manager's Report. Hurvie Davis spoke on water issues. X_I. F_UTUR_E AG_ENDA ITEMS None. XII. ADJOURNMENT A motion was made by Betty Horrigan, seconded by Helen Key and carried unanimously to adjourn. Time: 9:55 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 tbe Regular Council Meeting of the Marana Town Council held on April 19, 1994. I further certify that a quorum was present. OUNCIL\1994.MIN~04-19-94.MiN