HomeMy WebLinkAbout2021.1019.TCRM.Agenda.Packet
NOTICE OF MEETING
REGULAR MEETING
FOUNTAIN HILLS TOWN COUNCIL
Mayor Ginny Dickey
Vice Mayor Alan Magazine
Councilmember Gerry Friedel
Councilmember Sharron Grzybowski
Councilmember Peggy McMahon
Councilmember Mike Scharnow
Councilmember David Spelich
TIME:5:30 P.M. – REGULAR MEETING
WHEN:TUESDAY, OCTOBER 19, 2021
WHERE:
FOUNTAIN HILLS COUNCIL CHAMBERS
16705 E. AVENUE OF THE FOUNTAINS, FOUNTAIN HILLS, AZ
Councilmembers of the Town of Fountain Hills will attend either in person or by telephone conference call; a quorum of the
Town’s various Commission, Committee or Board members may be in attendance at the Council meeting.
Notice is hereby given that pursuant to A.R.S. §1-602.A.9, subject to certain specified statutory exceptions, parents have a
right to consent before the State or any of its political subdivisions make a video or audio recording of a minor child.
Meetings of the Town Council are audio and/or video recorded and, as a result, proceedings in which children are present
may be subject to such recording. Parents, in order to exercise their rights may either file written consent with the Town
Clerk to such recording, or take personal action to ensure that their child or children are not present when a recording may
be made. If a child is present at the time a recording is made, the Town will assume that the rights afforded parents
pursuant to A.R.S. §1-602.A.9 have been waived.
REQUEST TO COMMENT
The public is welcome to participate in Council meetings.
TO SPEAK TO AN AGENDA ITEM, please complete a Request to Comment card, located in the back of the Council
Chambers, and hand it to the Town Clerk prior to discussion of that item, if possible. Include the agenda item on which
you wish to comment. Speakers will be allowed three contiguous minutes to address the Council. Verbal comments
should be directed through the Presiding Officer and not to individual Councilmembers.
TO COMMENT ON AN AGENDA ITEM IN WRITING ONLY, please complete a Request to Comment card, indicating it is a
written comment, and check the box on whether you are FOR or AGAINST and agenda item, and hand it to the Town
Clerk prior to discussion, if possible.
TO COMMENT IN WRITING ONLINE: Please feel free to provide your comments by visiting
https://www.fh.az.gov/publiccomment and SUBMIT a Public Comment Card by 3:00 PM on the day of the meeting .
These comments will be shared with the Town Council.
NOTICE OF OPTION TO RECESS INTO EXECUTIVE SESSION
Pursuant to A.R.S. §38-431.02, notice is hereby given to the members of the Town Council, and to the general public, that at
this meeting, the Town Council may vote to go into executive session, which will not be open to the public, for legal advice
and discussion with the Town's attorneys for legal advice on any item listed on the following agenda, pursuant to A.R.S.
§38-431.03(A)(3).
1.CALL TO ORDER AND PLEDGE OF ALLEGIANCE – Mayor Dickey
2.MOMENT OF SILENCE
3.ROLL CALL – Mayor Dickey
4.REPORTS BY MAYOR, COUNCILMEMBERS AND TOWN MANAGER
A.PROCLAMATION: Declaring October 17 - 23, 2021, as Arizona Cities & Towns Week.
5.SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS
A.PRESENTATION: Monthly Report by Captain Kratzer of the Maricopa County Sheriff's
Office.
B.PRESENTATION: Town of Fountain Hills New Website Look
C.RECOGNITION: Outgoing Board/Commission Members
6.CALL TO THE PUBLIC
Pursuant to A.R.S. §38-431.01(H), public comment is permitted (not required) on matters NOT listed on the
agenda. Any such comment (i) must be within the jurisdiction of the Council, and (ii) is subject to reasonable
time, place, and manner restrictions. The Council will not discuss or take legal action on matters raised
during Call to the Public unless the matters are properly noticed for discussion and legal action. At the
conclusion of the Call to the Public, individual councilmembers may (i) respond to criticism, (ii) ask staff to
review a matter, or (iii) ask that the matter be placed on a future Council agenda.
7.CONSENT AGENDA ITEMS
All items listed on the Consent Agenda are considered to be routine, noncontroversial matters and will be
enacted by one motion of the Council. All motions and subsequent approvals of consent items will include all
recommended staff stipulations unless otherwise stated. There will be no separate discussion of these items
unless a councilmember or member of the public so requests. If a councilmember or member of the public
wishes to discuss an item on the Consent Agenda, he/she may request so prior to the motion to accept the
Consent Agenda or with notification to the Town Manager or Mayor prior to the date of the meeting for
which the item was scheduled. The items will be removed from the Consent Agenda and considered in its
Town Council Regular Meeting of October 19, 2021 2 of 4
which the item was scheduled. The items will be removed from the Consent Agenda and considered in its
normal sequence on the agenda.
A.CONSIDERATION AND POSSIBLE ACTION: Approval of the minutes of the Regular Meeting
of September 21, 2021, and the Regular Meeting of October 5, 2021.
B.CONSIDERATION AND POSSIBLE ACTION: Approving a Special Event Liquor License
application for the Fountain Hills Community Foundation for a beer and wine garden in
conjunction with the Flutter at the Fountain event held on November 5 and 6, 2021.
C.CONSIDERATION AND POSSIBLE ACTION: Approving a Special Event Liquor License
application for the Fountain Hills Theater, Inc. for alcohol in conjunction with the Fountain
Hills Theater, Inc. for Opening Night on November 5, 2021.
D.CONSIDERATION AND POSSIBLE ACTION: Approving a Special Event Liquor License
application for the Fountain Hills Theater, Inc. for alcohol in conjunction with the Fountain
Hills Theater, Inc. for Opening Night on December 3, 2021.
E.CONSIDERATION AND POSSIBLE ACTION: Approving a Special Event Liquor License
application for the Fountain Hills Theater, Inc for alcohol in conjunction with the Fountain
Hills Theater, Inc., for Opening Night on January 7, 2022.
F.CONSIDERATION AND POSSIBLE ACTION: Approving a Special Event Liquor License
application for the Fountain Hills Theater, Inc. for alcohol in conjunction with the Fountain
Hills Theater, Inc. for Opening Night on January 28, 2022.
G.CONSIDERATION AND POSSIBLE ACTION: Approving a Special Event Liquor License
application for the Fountain Hills Theater, Inc. for alcohol in conjunction with the Fountain
Hills Theater, Inc. for Opening Night on March 18, 2022.
H.CONSIDERATION AND POSSIBLE ACTION: Approving a Special Event Liquor License
application for the Fountain Hills Theater, Inc. for alcohol in conjunction with the Fountain
Hills Theater, Inc. for Opening Night on April 15, 2022.
8.REGULAR AGENDA
A.CONSIDERATION AND POSSIBLE ACTION: Appointments to the Board of Adjustment,
Community Services Advisory Commission, McDowell Mountain Preservation Commission,
Sister Cities Advisory Commission, and the Strategic Planning Advisory Commission.
B.CONSIDERATION AND POSSIBLE ACTION: Acceptance of public art concept for Keystone
Homes - The Havenly Fountain Hills development.
Town Council Regular Meeting of October 19, 2021 3 of 4
C.CONSIDERATION AND POSSIBLE ACTION: Resolution 2021-32 approving Amendment Two
to the Intergovernmental Agreement with Maricopa County relating to the maintenance,
improvement and management of outdoor recreation opportunities in the McDowell
Mountain Preserve and McDowell Regional Park.
D.CONSIDERATION AND DISCUSSION: Options for possible amendment to Section 11-1-7,
Noise, of the Town Code.
E.PUBLIC HEARING, CONSIDERATION AND POSSIBLE ACTION: Ordinance 21-13 amending
Zoning Ordinance Chapter 6, Sign Regulations, Sections 6.02, Definitions, Section 6.07,
General Regulations, and Section 6.08, Sign Requirements and Allowances. (ACTION TO BE
TAKEN TO CONTINUE THE PUBLIC HEARING TO NOVEMBER 2, 2021, REGULAR COUNCIL
MEETING)
F.CONSIDERATION AND POSSIBLE ACTION: Approving One Arizona Distribution of Opioid
Settlement Funds Agreement.
9.COUNCIL DISCUSSION/DIRECTION to the TOWN MANAGER
Item(s) listed below are related only to the propriety of (i) placing such item(s) on a future agenda for action,
or (ii) directing staff to conduct further research and report back to the Council.
10.ADJOURNMENT
CERTIFICATE OF POSTING OF NOTICE
The undersigned hereby certifies that a copy of the foregoing notice was duly posted in accordance with the statement filed
by the Town Council with the Town Clerk.
Dated this ______ day of ____________________, 2021.
_____________________________________________
Elizabeth A. Klein, MMC, Town Clerk
The Town of Fountain Hills endeavors to make all public meetings accessible to persons with disabilities. Please call 480-816-5199 (voice)
or 1-800-367-8939 (TDD) 48 hours prior to the meeting to request a reasonable accommodation to participate in the meeting or to obtain
agenda information in large print format. Supporting documentation and staff reports furnished the Council with this agenda are available
for review in the Clerk's Office.
Town Council Regular Meeting of October 19, 2021 4 of 4
ITEM 4. A.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 10/19/2021 Meeting Type: Town Council Regular Meeting
Agenda Type: Reports Submitting Department: Administration
Prepared by: Angela Padgett-Espiritu, Executive Assistant to Manager, Mayor/Council
Staff Contact Information: Angela Padgett-Espiritu, Executive Assistant to Manager,
Mayor/Council
SPECIAL PUBLIC APPEARANCES/PRESENTATIONS (Agenda Language):
PROCLAMATION: Declaring October 17 - 23, 2021, as Arizona Cities & Towns Week.
Staff Summary (Background)
Mayor Dickey will be proclaiming October 17 - 23, 2021, as Arizona Cities and Towns Week. The Town of
Fountain Hills joins with the League of Arizona Cities and Towns and fellow municipalities across
the State of Arizona ensuring that services provided by cities and towns remain exceptional elements of
the quality of life for the community.
Attachments
Proclamation - Arizona Cities & Towns Week 2021
Form Review
Inbox Reviewed By Date
Finance Director David Pock 10/05/2021 04:40 PM
Town Attorney Aaron D. Arnson 10/05/2021 05:11 PM
Town Manager Grady E. Miller 10/05/2021 05:16 PM
Form Started By: Angela Padgett-Espiritu Started On: 10/05/2021 03:03 PM
Final Approval Date: 10/05/2021
ITEM 7. A.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 10/19/2021 Meeting Type: Town Council Regular Meeting
Agenda Type: Consent Submitting Department: Administration
Prepared by: Elizabeth A. Klein, Town Clerk
Staff Contact Information:
Request to Town Council Regular Meeting (Agenda Language): CONSIDERATION AND
POSSIBLE ACTION: Approval of the minutes of the Regular Meeting of September 21, 2021, and the
Regular Meeting of October 5, 2021.
Staff Summary (Background)
The intent of approving meeting minutes is to ensure an accurate account of the discussion and action
that took place at the meeting for archival purposes. Approved minutes are placed on the Town's
website and maintained as permanent records in compliance with state law.
Related Ordinance, Policy or Guiding Principle
N/A
Risk Analysis
N/A
Recommendation(s) by Board(s) or Commission(s)
N/A
Staff Recommendation(s)
Staff recommends approving the minutes of the Regular Meeting of September 21, 2021, and the
Regular Meeting of October 5, 2021.
SUGGESTED MOTION
MOVE to approve the minutes of the Regular Meeting of September 21, 2021, and the Regular Meeting
of October 5, 2021.
Attachments
2021.0921.TCRM.Minutes
2021.1005.TCRM.Minutes
Form Review
Form Started By: Elizabeth A. Klein Started On: 10/07/2021 03:57 PM
Final Approval Date: 10/07/2021
TOWN OF FOUNTAIN HILLS
MINUTES OF THE SPECIAL MEETING
OF THE FOUNTAIN HILLS TOWN COUNCIL
SEPTEMBER 21, 2021
1.CALL TO ORDER – Mayor Dickey
Mayor Dickey called the Special Meeting of September 21, 2021, to order at 4:32 p.m.
2.ROLL CALL – Mayor Dickey
Present: Mayor Ginny Dickey; Vice Mayor Alan Magazine; Councilmember Mike Scharnow;
Councilmember Gerry Friedel (telephonically); Councilmember Sharron Grzybowski;
Councilmember Peggy McMahon; Councilmember David Spelich (telephonically)
Staff
Present:
Town Manager Grady E. Miller; Town Attorney Aaron D. Arnson (telephonically);
Town Clerk Elizabeth A. Klein
3.RECESS INTO EXECUTIVE SESSION
MOVED BY Councilmember Mike Scharnow, SECONDED BY Councilmember Sharron
Grzybowski to recess into Executive Session.
Vote: 7 - 0 Passed - Unanimously
4.EXECUTIVE SESSION
The Fountain Hills Town Council recessed into Executive Session at 4:32 p.m.
A.Discussion or consultation for legal advice with the attorney or attorneys of the public body,
pursuant to A.R.S. §38-431.03(A)(3).
i.Possible development at Shea Blvd. and Palisades Blvd.
ii.Possible redevelopment of a portion of Four Peaks Plaza.
5.ADJOURNMENT
The Fountain Hills Town Council reconvened into Open Session at 5:06 p.m. at which time the
Special Meeting of September 21, 2021, adjourned.
TOWN OF FOUNTAIN HILLS
____________________________
Ginny Dickey, Mayor
ATTEST AND PREPARED BY:
______________________________
Elizabeth A. Klein, Town Clerk
Town Council Special Meeting of September 21, 2021 2 of 2
TOWN OF FOUNTAIN HILLS
MINUTES OF THE REGULAR MEETING
OF THE FOUNTAIN HILLS TOWN COUNCIL
OCTOBER 5, 2021
1.CALL TO ORDER AND PLEDGE OF ALLEGIANCE – Mayor Dickey
Mayor Dickey called the meeting of October 5, 2021, to order at 5:30 p.m. and led the Town
Council and audience in the Pledge of Allegiance.
2.MOMENT OF SILENCE
A Moment of Silence was held.
3.ROLL CALL – Mayor Dickey
Present: Mayor Ginny Dickey; Vice Mayor Alan Magazine (telephonically); Councilmember
Peggy McMahon; Councilmember Gerry Friedel; Councilmember Mike Scharnow
(telephonically); Councilmember David Spelich (telephonically); Councilmember
Sharron Grzybowski
Staff
Present:
Town Manager Grady E. Miller; Town Attorney Aaron D. Arnson; Town Clerk Elizabeth
A. Klein
4.REPORTS BY MAYOR, COUNCILMEMBERS AND TOWN MANAGER
Mr. Miller said that staff and Mayor Dickey hosted the Know Your Government day for the
Leadership Academy. It was a good overview of the organization and their specific
departments. Councilmember McMahon said that she is in the current Leadership class and it
was really great to learn about what everyone does in detail. She thanked everyone involved.
She also attended the recent MAG meeting that addressed draft steps to be taken for
homelessness. She is also involved in planning the Fountain Hills Cares forum for the end of
October. They are finalizing plans for that to be held in the newly-remodeled Community Center
and they will be hosting interesting speakers on substance abuse, homelessness, etc. Last
week the Town hosted the Ballet Arizona "Ballet Under the Stars" and she appreciated the
opportunity to welcome everyone.
She said that she also attended the Oktoberfest, and attended a MAG meeting today where
they addressed tourism picking up in Arizona, with a presentation from the Indian Chamber of
Commerce.
Councilmember Friedel said that he attended the first part of the Leadership Academy. He
thanked Councilmember Grzybowski for hosting it. He also attended the Community Center
reopening ribbon cutting. He said that the project turned out even better than he expected. He
added that October is Domestic Violence Awareness Month, and he will be attended a meeting
later in the week of the MAG Domestic Violence Council.
Councilmember Grzybowski said that she attended the Leadership Academy in last year's class
which is how she was involved with planning this year's program. She said that she always tells
people that they are never going to have all of the attendees in the same room so it is a great
way to have questions answered. She also attended the Make a Difference Day planning
meeting for the event scheduled for October 23, 2021. She said that those interested could
register online on the Town's website.
She also attended yesterday's grand reopening of the Community Center, and she was so
impressed. It is revitalized, relevant and current, and she was excited to have it available to the
community.
Councilmember Scharnow reported that he also attended Oktoberfest as well as the planning
meeting for the Fountain Hills Cares. There will be more information in the newspaper
tomorrow. He also attended the Community Center ribbon cutting and last week's event put on
by the Friends of the Library, which is funding a study room.
He said that Guardian Training & Consultants had a presentation last week at the Chamber
patio and the Drug Coalition did a presentation on opioid overdose and a Narcan instructional.
He also noted that he serves on the Valley Metro Board and they have job searches going for a
new CEO and new CFO. He said that there will be big shoes to fill, but he is sure the search will
go well.
Mayor Dickey said that she attended the MAG Council Meeting on homelessness, as well as
the Oktoberfest. She thanked Bo Larson for the presentation put together for the Leadership
Academy and she was also present for the reopening of the Community Center. She also went
to the East Valley Partership meeting on economic development and the Governor's Candidate
Forum.
At this time, Mayor Dickey noted that Item 8F, the noise ordinance, was being postponed to
probably the second meeting in November.
A.RECOGNITION : Stellar Students of the Month for September 2021
Mayor Dickey welcomed the students and family members. She then read each of the following
names and asked them to come forward to receive a certificate and have a photograph taken.
Macy Bush McDowell Mountain Elementary School
Ezekiel Coughlin McDowell Mountain Elementary School
Lola Grace Monroe Fountain Hills Middle School
Dylan Tobias Fountain Hills Middle School
Ariana Pensy Fountain Hills High School
Tyler Ludwig Fountain Hills High School
Town Council Regular Meeting of October 5, 2021 2 of 8
B.PROCLAMATION: October as Domestic Violence Awareness Month
Councilmember Friedel read the proclamation noting that every weekend during the
month of October the fountain will be purple to raise awareness on domestic violence, and
also Town Hall will be lit in the evenings with purple light.
Mayor Dickey said that the Town was very luck to have a ver involved Councilmember
and having Councilmember Friedel serve on this committee.
C.PROCLAMATION: October as Fire Prevention Month
Mayor Dickey read the proclamation and presented it to Fire Chief Dave Ott.
5.SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS
None
6.CALL TO THE PUBLIC
Pursuant to A.R.S. §38-431.01(H), public comment is permitted (not required) on matters NOT listed on the
agenda. Any such comment (i) must be within the jurisdiction of the Council, and (ii) is subject to reasonable
time, place, and manner restrictions. The Council will not discuss or take legal action on matters raised during
Call to the Public unless the matters are properly noticed for discussion and legal action. At the conclusion of
the Call to the Public, individual councilmembers may (i) respond to criticism, (ii) ask staff to review a matter, or
(iii) ask that the matter be placed on a future Council agenda.
None
7.CONSENT AGENDA ITEMS
All items listed on the Consent Agenda are considered to be routine, noncontroversial matters and will be
enacted by one motion of the Council. All motions and subsequent approvals of consent items will include all
recommended staff stipulations unless otherwise stated. There will be no separate discussion of these items
unless a councilmember or member of the public so requests. If a councilmember or member of the public
wishes to discuss an item on the Consent Agenda, he/she may request so prior to the motion to accept the
Consent Agenda or with notification to the Town Manager or Mayor prior to the date of the meeting for which
the item was scheduled. The items will be removed from the Consent Agenda and considered in its normal
sequence on the agenda.
MOVED BY Councilmember Sharron Grzybowski, SECONDED BY Councilmember Peggy
McMahon to approve Consent Agenda Items 7-A through 7-D.
Vote: 7 - 0 Passed - Unanimously
Town Council Regular Meeting of October 5, 2021 3 of 8
A.CONSIDERATION AND POSSIBLE ACTION: Approval of the minutes of the Special
Meeting of September 21, 2021.
B.CONSIDERATION AND POSSIBLE ACTION: Approving two Special Event Liquor
License applications for the Fountain Hills VFW Post 7507 for beer gardens in two
separate locations in conjunction with the Fountain Festival of Arts and Crafts on
November 12-14, 2021.
C.CONSIDERATION AND POSSIBLE ACTION: Approving a Special Event Liquor License
application for the Arizona Parks and Recreation Association (APRA) for a beer garden in
conjunction with the APRA Conference social on November 2, 2021.
D.CONSIDERATION AND POSSIBLE ACTION: Adopting Resolution 2021-33 - A resolution
of the Mayor and Town Council of Fountain Hills, Maricopa County, Arizona, approving the
Town of Fountain Hills, Arizona Town Council Rules of Procedure, Amended and Restated
October 5, 2021.
8.REGULAR AGENDA
A.CONSIDERATION and POSSIBLE ACTION: Supporting legislative and congressional
district boundaries with Fort McDowell Yavapai Nation as part of the Arizona Independent
Redistricting Commission's public input process.
Mr. Miller explained that every time there is a decennial census they are required to have
a redistricting independent commission established to redraw boundary lines. Mayor
Dickey was recently approached by Fort McDowell Yavapai Nation to sign a letter stating
that since the Town and Nation share a lot of mutual interest on legislative a policy
matters, they want to ensure that they are in the same legislative boundary as each other.
Mr. Miller said that since the last redistricting there has been very little population change,
but Scottsdale has grown, so the boundaries may look different. They just want to request
that Fountain Hills and Fort McDowell Yavapai Nation are in whatever district is chosen,
together.
MOVED BY Councilmember Peggy McMahon, SECONDED BY Councilmember Sharron
Grzybowski to provide direction and input to the Arizona Independent Redistricting
Commission that Fountain Hills and Fort McDowell Yavapai Nation are included in the
same legislative and congressional districts following its completion of redistricting in
Arizona.
Vote: 7 - 0 Passed - Unanimously
Town Council Regular Meeting of October 5, 2021 4 of 8
B.CONSIDERATION AND POSSIBLE ACTION: Approving Cooperative Purchasing
Agreement 2021-054 with Econolite Control Products, Inc, for Traffic Signal Controllers.
Mr. Weldy said that staff is requesting permission to purchase new controllers for the 13
signalized intersections within the Town of Fountain Hills. He said that they continually to
upgrade the signals, and most of the components are below the threshold of the Town
Manager's approval.
He said that these controllers have been a long time in the planning stages. At this time,
they have an opportunity to procure them through a cooperative. He said that if these
are approved, the new controllers will be shipped and each will receive a new one and
one backup. The current ones are still valuable to other organizations, and will be sold at
public auction.
Councilmember McMahon asked where in the budget these were from. Mr. Weldy said
that the $50,000 shown is for the on-call and call out services. This comes out of the
street fund they have, which includes state shared funding, CIP and general funds.
MOVED BY Councilmember Peggy McMahon, SECONDED BY Councilmember Gerry
Friedel to approve Cooperative Purchasing Agreement 2021-054 with Econolite
Control Products, Inc. in the amount of $52,550.40/
Vote: 7 - 0 Passed - Unanimously
C.CONSIDERATION AND POSSIBLE ACTION: Approving Amendment #1 to Cooperative
Purchasing Agreement 2018-093 with Wood Environment & Infrastructure for storm water
support services.
Mr. Weldy said that this was an amendment to an agreement they have had in place for
several years to help the Town meet regulations for stormwater. He said that the Town
was selected to have the audit of ADEQ. With staff and this consultant it was performed
and there was a minimal amount of corrections necessary. He said that they learned
there are several state and federal mandates and they will need this amendment to
remain compliant and meet those future regulations.
Councilmember Grzybowski if this was the kind of thing that their environmental fund
could be used for, if it was allowed to continue to be collected. Mr. Weldy said that it
was. He said that they currently are using the minimum amount of funding left in the
fund, but they did use that fund for this purpose. Mr. Arnson added that the court
decision has still not been made.
Mr. Miller said that in the past staff had asked for a position of Environmental Planner,
but he has been reluctant to go down that path. It would cost considerably more to do
that and this firm is the expert on ADEQ and federal requirements. For $41,000 they get
a lot, and there is always someone there to back them up. He said that under Arizona
law the manager's feet are held to the fire on submittals. There is a lot of paperwork
involved, and laws are always changing. This is a good investment.
Mayor Dickey noted that she read a report yesterday on ADEQ that they are not good
on keeping up with what they should do.
Town Council Regular Meeting of October 5, 2021 5 of 8
on keeping up with what they should do.
MOVED BY Councilmember Sharron Grzybowski, SECONDED BY Councilmember
Gerry Friedel to approve the First Amendment to Cooperative Purchasing Agreement
2018-093 with Wood Environment & Infrastructure, Inc. in the amount of $41,270.
Vote: 7 - 0 Passed - Unanimously
D.CONSIDERATION AND POSSIBLE ACTION: Approving Amendment No.1 to
Cooperative Purchasing Agreement C2021-052 with Climatec, LLC, for Security Cameras.
Mr. Weldy said that this has been an ongoing project. Through the CIP they have been
able to install cameras, including Town Hall campus buildings, and the park. The next
phase is to upgrade some of the Town Hall complex and additional camera locations at
Golden Eagle to address vandalism. He said that since the Town Council approved this
originally the installation of cameras has aided in the prosecution of the vandalism and is
also a tool for campus staff.
Councilmember Spelich said that when this first came up he suggested to staff that they
look into having MCSO allowing the shift supervisor to be able to look at these on their
phones to see if anything is going on. He asked if these would have the capability of
doing that. Mr. Weldy said that he did not have the expertise to answer that, but he could
research and get an answer back to the question.
Councilmember Spelich said that he was all for these, but if they are going to invest they
should have the ability for MCSO to view them, and keep them on the road doing other
things. If it does not have the ability, they need to look into it.
Mr. Miller said that staff would look into it. Each has a separate IP address, which would
allow IT Administration, or possibly MCSO, to check. He would get back to the Council.
Councilmember Friedel said that they had some issues at Adero Trailhead, and he
asked if that trailhead was on the list for getting cameras. Mr. Weldy replied that it was,
along with Desert Vista Park.
Vice Mayor Magazine said that the presence of cameras might stop certain individuals
from doing things, but for others, he asked what good it was to see them. Ms. Goodwin
said that they were able to reference the recordings and through their resources, identify
the repeat offenders. They talked with their parents and are actively pursuing the
situation. They serve as a deterrent.
Vice Mayor Magazine asked if the cameras were visible. Ms. Goodwin said that they
are; they have high visibility locations and they do not try to conceal them.
MOVED BY Councilmember Gerry Friedel, SECONDED BY Councilmember Sharron
Grzybowski to approve Amendment No. 1 to the Cooperative Purchasing Agreement
2021-052 with Climatec, LLC for Security Cameras in an amount in the amount of
$31,683.39.
Vote: 7 - 0 Passed - Unanimously
Town Council Regular Meeting of October 5, 2021 6 of 8
E.CONSIDERATION AND POSSIBLE ACTION Approving the reauthorization of Capital
Improvement Project F4036 for Fire Alarm Control Panels in the Community Center and
Library/Museum and approving any necessary budget transfers.
Mr. Weldy said that he previously stood in front of the Town Council and guaranteed that
the project would be done by the end of the year. However, he did not ensure that there
were on hand. He said that he was there to ask for reauthorization to purchase the
components necessary. Mr. Miller noted that the money is in the budget.
MOVED BY Councilmember Sharron Grzybowski, SECONDED BY Councilmember
Gerry Friedel to authorize the completion of Capital Improvement Project F4036 Fire
Alarm Control Panels in the Community Center and Library/Museum in the amount
of $101,590 and approving any necessary budget transfers.
Vote: 7 - 0 Passed - Unanimously
F.CONSIDERATION AND DISCUSSION: Options for possible amendment to Section
11-1-7, Noise, of the Town Code.
This item was moved to a meeting in November.
9.COUNCIL DISCUSSION/DIRECTION to the TOWN MANAGER
Item(s) listed below are related only to the propriety of (i) placing such item(s) on a future agenda for action,
or (ii) directing staff to conduct further research and report back to the Council.
None
10.ADJOURNMENT
MOVED BY Councilmember Sharron Grzybowski, SECONDED BY Councilmember
Peggy McMahon to adjourn.
Vote: 7 - 0 Passed - Unanimously
The Regular Meeting of the Fountain Hills Town Council held October 5, 2021,
adjourned at 6:11 p.m.
TOWN OF FOUNTAIN HILLS
____________________________
Ginny Dickey, Mayor
Town Council Regular Meeting of October 5, 2021 7 of 8
ATTEST AND PREPARED BY:
______________________________
Elizabeth A. Klein, Town Clerk
CERTIFICATION
I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the Regular
Meeting held by the Town Council of Fountain Hills in the Town Hall Council Chambers on the 5th day of
October, 2021. I further certify that the meeting was duly called and that a quorum was present.
DATED this 19th day of October, 2021.
_________________________________
Elizabeth A. Klein, Town Clerk
Town Council Regular Meeting of October 5, 2021 8 of 8
ITEM 7. B.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 10/19/2021 Meeting Type: Town Council Regular Meeting
Agenda Type: Consent Submitting Department: Community Services
Prepared by: Linda Ayres, Recreation Manager
Staff Contact Information: Rachael Goodwin, Community Services Director
Request to Town Council Regular Meeting (Agenda Language): CONSIDERATION AND
POSSIBLE ACTION: Approving a Special Event Liquor License application for the Fountain Hills
Community Foundation for a beer and wine garden in conjunction with the Flutter at the Fountain event
held on November 5 and 6, 2021.
Staff Summary (Background)
The purpose of this item is to obtain the Council's approval regarding the Special Event Liquor License
application submitted by Deborah H. Skehen, representing the Fountain Hills Community Foundation for
submission to the Arizona Department of Liquor. The applicant and the Fountain Hills Community
Foundation are keenly aware that the final issuance of a liquor license as well as approval to hold the
Flutter at the Fountain event on November 5 and 6, 2021, is contingent upon the state, county, and local
ordinances and guidelines as it relates to public health and the COVID-19 pandemic. Furthermore, the
applicant and Fountain Hills Community Foundation understand the community Garden may not be able
to serve as the venue and that the Flutter at the Fountain event is subject to cancellation. All special
event liquor license applicants are required to submit an application and pay a $25 fee for processing.
Once the fee is paid and the application is reviewed by Town staff, the application is forwarded to the
Town Council for review and consideration. After the application is approved by Town Council, the
applicant will bring the signed paperwork to the Arizona Department of Liquor, and be issued a physical
license to be displayed for the duration of the event. The special event liquor license application was
reviewed by staff for compliance with Town ordinances and staff unanimously recommends approval of
the application as submitted.
Related Ordinance, Policy or Guiding Principle
A.R.S. §4-203.02; 4-244; 4-261 and R19-1-228, R19-1-235, and R19-1-309
Risk Analysis
N/A
Recommendation(s) by Board(s) or Commission(s)
N/A
Staff Recommendation(s)
Staff recommends approval.
Staff recommends approval.
SUGGESTED MOTION
MOVE to approve the Special Event Liquor License.
Attachments
G:\Special Events\Liquor Apps\2021
Form Review
Inbox Reviewed By Date
Community Services Director Rachael Goodwin 09/27/2021 11:44 AM
Finance Director David Pock 09/27/2021 12:02 PM
Town Attorney Aaron D. Arnson 10/05/2021 11:42 AM
Town Manager Grady E. Miller 10/05/2021 11:55 AM
Form Started By: Linda Ayres Started On: 09/27/2021 11:05 AM
Final Approval Date: 10/05/2021
ITEM 7. C.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 10/19/2021 Meeting Type: Town Council Regular Meeting
Agenda Type: Consent Submitting Department: Community Services
Prepared by: Linda Ayres, Recreation Manager
Staff Contact Information: Rachael Goodwin, Community Services Director
Request to Town Council Regular Meeting (Agenda Language): CONSIDERATION AND
POSSIBLE ACTION: Approving a Special Event Liquor License application for the Fountain Hills Theater,
Inc. for alcohol in conjunction with the Fountain Hills Theater, Inc. for Opening Night on November 5,
2021.
Staff Summary (Background)
The purpose of this item is to obtain the Council's approval regarding the Special Event Liquor License
application submitted by Val Stasik, representing the Fountain Hills Theater, Inc for submission to the
Arizona Department of Liquor. The applicant and Fountain Hills Theater, Inc are keenly aware that the
final issuance of a liquor license as well as approval to hold the Fountain Hills Theater Opening Night on
November 5, 2021, is contingent upon the state, county, and local ordinances and guidelines as it relates
to public health and the COVID-19 pandemic. All special event liquor license applicants are required to
submit an application and pay a $25 fee for processing. Once the fee is paid and the application is
reviewed by Town staff, the application is forwarded to the Town Council for review and consideration.
After the application is approved by Town Council, the applicant will bring the signed paperwork to the
Arizona Department of Liquor, and be issued a physical license to be displayed for the duration of the
event. The special event liquor license application was reviewed by staff for compliance with Town
ordinances and staff unanimously recommends approval of the application as submitted.
Related Ordinance, Policy or Guiding Principle
A.R.S. §4-203.02; 4-244; 4-261 and R19-1-228, R19-1-235, and R19-1-309
Risk Analysis
N/A
Recommendation(s) by Board(s) or Commission(s)
N/A
Staff Recommendation(s)
Staff recommends approval.
SUGGESTED MOTION
MOVE to approve the Special Event Liquor License.
Attachments
G:\Special Events\Liquor Apps\2021
Form Review
Inbox Reviewed By Date
Community Services Director Rachael Goodwin 10/13/2021 10:57 AM
Finance Director David Pock 10/13/2021 11:00 AM
Town Attorney Aaron D. Arnson 10/13/2021 11:03 AM
Town Manager Grady E. Miller 10/13/2021 11:08 AM
Form Started By: Linda Ayres Started On: 10/07/2021 02:17 PM
Final Approval Date: 10/13/2021
ITEM 7. D.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 10/19/2021 Meeting Type: Town Council Regular Meeting
Agenda Type: Consent Submitting Department: Community Services
Prepared by: Linda Ayres, Recreation Manager
Staff Contact Information: Rachael Goodwin, Community Services Director
Request to Town Council Regular Meeting (Agenda Language): CONSIDERATION AND
POSSIBLE ACTION: Approving a Special Event Liquor License application for the Fountain Hills Theater,
Inc. for alcohol in conjunction with the Fountain Hills Theater, Inc. for Opening Night on December 3,
2021.
Staff Summary (Background)
The purpose of this item is to obtain the Council's approval regarding the Special Event Liquor License
application submitted by Val Stasik, representing the Fountain Hills Theater, Inc for submission to the
Arizona Department of Liquor. The applicant and Fountain Hills Theater, Inc are keenly aware that
the final issuance of a liquor license as well as approval to hold the Fountain Hills Theater event on
December 3, 2021, is contingent upon the state, county, and local ordinances and guidelines as it
relates to public health and the COVID-19 pandemic. All special event liquor license applicants are
required to submit an application and pay a $25 fee for processing. Once the fee is paid and the
application is reviewed by Town staff, the application is forwarded to the Town Council for review and
consideration. After the application is approved by Town Council, the applicant will bring the signed
paperwork to the Arizona Department of Liquor, and be issued a physical license to be displayed for
the duration of the event. The special event liquor license application was reviewed by staff for
compliance with Town ordinances and staff unanimously recommends approval of the application as
submitted.
Related Ordinance, Policy or Guiding Principle
A.R.S. §4-203.02; 4-244; 4-261 and R19-1-228, R19-1-235, and R19-1-309
Risk Analysis
N/A
Recommendation(s) by Board(s) or Commission(s)
N/A
Staff Recommendation(s)
Staff recommends approval.
Staff recommends approval.
SUGGESTED MOTION
MOVE to approve the Special Event Liquor License.
Attachments
G:\Special Events\Liquor Apps\2021
Form Review
Inbox Reviewed By Date
Community Services Director Linda Ayres 10/07/2021 02:53 PM
Town Manager Grady E. Miller 10/13/2021 11:24 AM
Form Started By: Linda Ayres Started On: 10/07/2021 02:39 PM
Final Approval Date: 10/13/2021
ITEM 7. E.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 10/19/2021 Meeting Type: Town Council Regular Meeting
Agenda Type: Consent Submitting Department: Community Services
Prepared by: Linda Ayres, Recreation Manager
Staff Contact Information: Rachael Goodwin, Community Services Director
Request to Town Council Regular Meeting (Agenda Language): CONSIDERATION AND
POSSIBLE ACTION: Approving a Special Event Liquor License application for the Fountain Hills Theater,
Inc for alcohol in conjunction with the Fountain Hills Theater, Inc., for Opening Night on January 7, 2022.
Staff Summary (Background)
The purpose of this item is to obtain the Council's approval regarding the Special Event Liquor License
application submitted by Val Stasik, representing the Fountain Hills Theater, Inc for submission to the
Arizona Department of Liquor. The applicant and Fountain Hills Theater, Inc are keenly aware that the
final issuance of a liquor license as well as approval to hold the Fountain Hills Theater Opening Night on
January 7, 2022, is contingent upon the state, county, and local ordinances and guidelines as it relates to
public health and the COVID-19 pandemic. All special event liquor license applicants are required to
submit an application and pay a $25 fee for processing. Once the fee is paid and the application is
reviewed by Town staff, the application is forwarded to the Town Council for review and consideration.
After the application is approved by Town Council, the applicant will bring the signed paperwork to the
Arizona Department of Liquor, and be issued a physical license to be displayed for the duration of the
event. The special event liquor license application was reviewed by staff for compliance with Town
ordinances and staff unanimously recommends approval of the application as submitted.
Related Ordinance, Policy or Guiding Principle
A.R.S. §4-203.02; 4-244; 4-261 and R19-1-228, R19-1-235, and R19-1-309
Risk Analysis
N/A
Recommendation(s) by Board(s) or Commission(s)
N/A
Staff Recommendation(s)
Staff recommends approval.
SUGGESTED MOTION
MOVE to approve the Special Event Liquor License.
Attachments
G:\Special Events\Liquor Apps\2022
Form Review
Inbox Reviewed By Date
Community Services Director Rachael Goodwin 10/13/2021 10:57 AM
Finance Director David Pock 10/13/2021 11:00 AM
Town Attorney Aaron D. Arnson 10/13/2021 11:03 AM
Town Manager Grady E. Miller 10/13/2021 11:11 AM
Form Started By: Linda Ayres Started On: 10/07/2021 02:48 PM
Final Approval Date: 10/13/2021
ITEM 7. F.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 10/19/2021 Meeting Type: Town Council Regular Meeting
Agenda Type: Consent Submitting Department: Community Services
Prepared by: Linda Ayres, Recreation Manager
Staff Contact Information: Rachael Goodwin, Community Services Director
Request to Town Council Regular Meeting (Agenda Language): CONSIDERATION AND
POSSIBLE ACTION: Approving a Special Event Liquor License application for the Fountain Hills Theater,
Inc. for alcohol in conjunction with the Fountain Hills Theater, Inc. for Opening Night on January 28,
2022.
Staff Summary (Background)
The purpose of this item is to obtain the Council's approval regarding the Special Event Liquor License
application submitted by Val Stasik, representing the Fountain Hills Theater, Inc for submission to the
Arizona Department of Liquor. The applicant and Fountain Hills Theater, Inc are keenly aware that the
final issuance of a liquor license as well as approval to hold the Fountain Hills Theater Opening Night on
January 28, 2022, is contingent upon the state, county, and local ordinances and guidelines as it relates
to public health and the COVID-19 pandemic. All special event liquor license applicants are required to
submit an application and pay a $25 fee for processing. Once the fee is paid and the application is
reviewed by Town staff, the application is forwarded to the Town Council for review and consideration.
After the application is approved by Town Council, the applicant will bring the signed paperwork to the
Arizona Department of Liquor, and be issued a physical license to be displayed for the duration of the
event. The special event liquor license application was reviewed by staff for compliance with Town
ordinances and staff unanimously recommends approval of the application as submitted.
Related Ordinance, Policy or Guiding Principle
A.R.S. §4-203.02; 4-244; 4-261 and R19-1-228, R19-1-235, and R19-1-309
Risk Analysis
N/A
Recommendation(s) by Board(s) or Commission(s)
Staff Recommendation(s)
Staff recommends approval.
SUGGESTED MOTION
MOVE to approve the Special Event Liquor License.
Attachments
G:\Special Events\Liquor Apps\2022
Form Review
Inbox Reviewed By Date
Community Services Director Rachael Goodwin 10/13/2021 10:57 AM
Finance Director David Pock 10/13/2021 11:00 AM
Town Attorney Aaron D. Arnson 10/13/2021 11:03 AM
Town Manager Grady E. Miller 10/13/2021 11:12 AM
Form Started By: Linda Ayres Started On: 10/07/2021 02:58 PM
Final Approval Date: 10/13/2021
ITEM 7. G.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 10/19/2021 Meeting Type: Town Council Regular Meeting
Agenda Type: Consent Submitting Department: Community Services
Prepared by: Linda Ayres, Recreation Manager
Staff Contact Information: Rachael Goodwin, Community Services Director
Request to Town Council Regular Meeting (Agenda Language): CONSIDERATION AND
POSSIBLE ACTION: Approving a Special Event Liquor License application for the Fountain Hills Theater,
Inc. for alcohol in conjunction with the Fountain Hills Theater, Inc. for Opening Night on March 18, 2022.
Staff Summary (Background)
The purpose of this item is to obtain the Council's approval regarding the Special Event Liquor License
application submitted by Val Stasik, representing the Fountain Hills Theater, Inc for submission to the
Arizona Department of Liquor. The applicant and Fountain Hills Theater, Inc are keenly aware that the
final issuance of a liquor license as well as approval to hold the Fountain Hills Theater Opening Night on
March 18, 2022, is contingent upon the state, county, and local ordinances and guidelines as it relates to
public health and the COVID-19 pandemic. All special event liquor license applicants are required to
submit an application and pay a $25 fee for processing. Once the fee is paid and the application is
reviewed by Town staff, the application is forwarded to the Town Council for review and consideration.
After the application is approved by Town Council, the applicant will bring the signed paperwork to the
Arizona Department of Liquor, and be issued a physical license to be displayed for the duration of the
event. The special event liquor license application was reviewed by staff for compliance with Town
ordinances and staff unanimously recommends approval of the application as submitted.
Related Ordinance, Policy or Guiding Principle
A.R.S. §4-203.02; 4-244; 4-261 and R19-1-228, R19-1-235, and R19-1-309
Risk Analysis
N/A
Recommendation(s) by Board(s) or Commission(s)
N/A
Staff Recommendation(s)
Staff recommends approval.
SUGGESTED MOTION
MOVE to approve the Special Event Liquor License.
Attachments
G:\Special Events\Liquor Apps\2022
Form Review
Inbox Reviewed By Date
Community Services Director Rachael Goodwin 10/13/2021 10:56 AM
Finance Director David Pock 10/13/2021 11:00 AM
Town Attorney Aaron D. Arnson 10/13/2021 11:03 AM
Town Manager Grady E. Miller 10/13/2021 11:14 AM
Form Started By: Linda Ayres Started On: 10/07/2021 03:09 PM
Final Approval Date: 10/13/2021
ITEM 7. H.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 10/19/2021 Meeting Type: Town Council Regular Meeting
Agenda Type: Consent Submitting Department: Community Services
Prepared by: Linda Ayres, Recreation Manager
Staff Contact Information: Rachael Goodwin, Community Services Director
Request to Town Council Regular Meeting (Agenda Language): CONSIDERATION AND
POSSIBLE ACTION: Approving a Special Event Liquor License application for the Fountain Hills Theater,
Inc. for alcohol in conjunction with the Fountain Hills Theater, Inc. for Opening Night on April 15, 2022.
Staff Summary (Background)
The purpose of this item is to obtain the Council's approval regarding the Special Event Liquor License
application submitted by Val Stasik, representing the Fountain Hills Theater, Inc for submission to the
Arizona Department of Liquor. The applicant and Fountain Hills Theater, Inc are keenly aware that the
final issuance of a liquor license as well as approval to hold the Fountain Hills Theater Opening Night on
April 15, 2022, is contingent upon the state, county, and local ordinances and guidelines as it relates to
public health and the COVID-19 pandemic. All special event liquor license applicants are required to
submit an application and pay a $25 fee for processing. Once the fee is paid and the application is
reviewed by Town staff, the application is forwarded to the Town Council for review and consideration.
After the application is approved by Town Council, the applicant will bring the signed paperwork to the
Arizona Department of Liquor, and be issued a physical license to be displayed for the duration of the
event. The special event liquor license application was reviewed by staff for compliance with Town
ordinances and staff unanimously recommends approval of the application as submitted.
Related Ordinance, Policy or Guiding Principle
A.R.S. §4-203.02; 4-244; 4-261 and R19-1-228, R19-1-235, and R19-1-309
Risk Analysis
N/A
Recommendation(s) by Board(s) or Commission(s)
N/A
Staff Recommendation(s)
Staff recommends approval.
SUGGESTED MOTION
MOVE to approve the Special Event Liquor License.
Attachments
G:\Special Events\Liquor Apps\2022
Form Review
Inbox Reviewed By Date
Community Services Director Rachael Goodwin 10/13/2021 10:56 AM
Finance Director David Pock 10/13/2021 11:00 AM
Town Attorney Aaron D. Arnson 10/13/2021 11:03 AM
Town Manager Grady E. Miller 10/13/2021 11:15 AM
Form Started By: Linda Ayres Started On: 10/07/2021 03:14 PM
Final Approval Date: 10/13/2021
ITEM 8. A.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 10/19/2021 Meeting Type: Town Council Regular Meeting
Agenda Type: Regular Agenda Submitting Department: Administration
Prepared by: Elizabeth A. Klein, Town Clerk
Staff Contact Information:
Request to Town Council Regular Meeting (Agenda Language): CONSIDERATION AND
POSSIBLE ACTION: Appointments to the Board of Adjustment, Community Services Advisory
Commission, McDowell Mountain Preservation Commission, Sister Cities Advisory Commission, and the
Strategic Planning Advisory Commission.
Staff Summary (Background)
With the recent changes to board/commission appointment schedule, it is that time of year (April and
October) for vacancies on boards and commission to be made for those whose terms are expiring this
year. Additionally, a commissioner on the Community Services Advisory Commission and Strategic
Planning Advisory Commission recently resigned due to moving out of town, so replacements for those
commissions were also done at the same time.
Below (under RECOMMENDED MOTION) is a listing of the number of appointments and terms for each
board/commission. Action by the Town Council could be made with one motion or for each
board/commission individually.
Related Ordinance, Policy or Guiding Principle
Chapter 2A of the Town Code
Risk Analysis
N/A
Recommendation(s) by Board(s) or Commission(s)
Recommendations to the Mayor have been made by Council Subcommittees A and B.
Staff Recommendation(s)
Make appointments of citizens to the following boards and commissions as indicated below.
SUGGESTED MOTION
MOVE to appoint to the various Boards and Commissions as follows:
COMMISSION TERM APPOINTMENT
Board of Adjustment 10/31/22 ___________________
Community Services Advisory Commission 04/30/24
___________________
McDowell Mountain Preservation Commission
10/31/24
10/31/24
10/31/24
___________________
___________________
___________________
Sister Cities Advisory Commission
10/31/24
10/31/24
10/31/24
10/31/23
___________________
___________________
___________________
___________________
Strategic Planning Advisory Commission
04/30/22
___________________
Form Review
Inbox Reviewed By Date
Town Clerk (Originator)Elizabeth A. Klein 10/07/2021 10:18 AM
Town Manager Grady E. Miller 10/12/2021 07:58 PM
Form Started By: Elizabeth A. Klein Started On: 10/06/2021 05:37 PM
Final Approval Date: 10/12/2021
ITEM 8. B.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 10/19/2021 Meeting Type: Town Council Regular Meeting
Agenda Type: Regular Agenda Submitting Department: Community Services
Prepared by: Patti Lopuszanski, Executive Assistant
Staff Contact Information: Rachael Goodwin, Community Services Director
Request to Town Council Regular Meeting (Agenda Language): CONSIDERATION AND
POSSIBLE ACTION: Acceptance of public art concept for Keystone Homes - The Havenly Fountain Hills
development.
Staff Summary (Background)
In accordance with the Public Art Policy's requirement for commercial development, Keystone Homes’
The Havenly rental community, located along the Avenue of the Fountains, between Westby Dr. and La
Montana, is subject to the Town of Fountain Hills Public Art requirement. As a result, the developers
have opted to design and install public art to meet this obligation. The art will be located in the publicly
accessible seating area bordering the community, on the corner of La Montana and Avenue of the
Fountains, adjacent to the roundabout traffic circle. The installation of the art is required before a
Certificate of Occupancy can be issued.
The Havenly Fountain Hills is required to either make a financial contribution to the Public Art Program
of 1/2 (one half) percent of the total construction cost, or an art installation of equivalent or greater
value. The construction cost is estimated at $18,922,372 of which $94,612.00 represents the value of
1/2 percent. In lieu of paying the public art fee, the developer has opted to install public art on the
property that adheres to the guidelines of the Public Art policy, including public access and 24-hour
visibility. The proposed art installment is entitled “Invert” and was created by artist Craig Randich and
has an estimated value of $94,612.00, including design and installation.
The proposed art concept has been reviewed and approved by the Public Art Committee. The art is
before the Town Council for conceptual review and approval prior to permitting, inspections, and other
approvals from the Development Services Department.
The proposed design for the shade-producing art piece will serve as both contemporary and functional
art. The sculpture will be constructed of metal that will maintain a natural rusticated finish and will be
approximately 14' tall and 18' wide. Since the sculpture will be located on private property, it will be the
responsibility of the development to maintain the art.
The Public Art Committee unanimously recommended approval of the sculpture. The engineering
drawings will be subject to review by Town staff and approval of the installation will be contingent upon
meeting all structural engineering requirements.
Related Ordinance, Policy or Guiding Principle
Resolution 2003-70 adopting the Town of Fountain Hills Public Art Master Plan for the acquisition of
public art.
Risk Analysis
Conceptual approval and proper inspections forthcoming.
Recommendation(s) by Board(s) or Commission(s)
The Public Art Committee recommended approval of the design concept and to add it to the Town's
public art collection.
Staff Recommendation(s)
Staff recommends approval contingent upon plan review and recommendations.
SUGGESTED MOTION
MOVE to accept the public art application for the sculpture and authorize it to be installed at the
designated location at The Havenly.
Attachments
Havenly Art Location Map
Craig Randich Bio
Landscape Plan
Lande Development Costs
Public Art Valuation
Structural Analysis
Artist's Work Cambria 2019 - 1
Artist's Work Cambria 2019- 2
Artist's Work Cambria 2019 - 3
Artist's Work Cambria 2019- 4
Artist's Work Cambria 2019-5
Form Review
Inbox Reviewed By Date
Community Services Director Rachael Goodwin 10/06/2021 04:35 PM
Finance Director David Pock 10/07/2021 06:39 AM
Town Attorney Aaron D. Arnson 10/07/2021 08:08 AM
Town Manager Grady E. Miller 10/12/2021 08:12 PM
Form Started By: Patti Lopuszanski Started On: 09/29/2021 12:43 PM
Final Approval Date: 10/12/2021
Community SiteArt Plaza/MainEntry PointArt FeatureLocationFOUNTAINPARK
CRAIG RANDICH
PO BOX 21543, PHOENIX, AZ 85036 | 480 231 5209
CRAIGRANDICH@GMAIL.COM
WWW.CRAIGRANDICH.COM
I’m very interested in architecture: finding one element from a building
and repeating it until it tells me, “stop I have had enough”. Essentially, I
strip architecture to its barest structure - to its “skeleton”. My process
initiates by starting with a simple form; and through repetition,
emphasizing the simple beauty of this initial shape. In addition to the
strength, grace, and sense of movement that my artwork exudes; it would
also be enjoyed for the shadow it casts – something that would move,
and interact with the surrounding space as time passes.
Craig Randich
Item
No.
Description of Work Scheduled Value
01 FHDEV.0101 - Access drive install $2,600.00
02 FHDEV.0102 - Access drive maintenance $700.00
03 FHDEV.0103.1 - SWPPP $15,600.00
04 FHDEV.0103.2 - SWPPP Maintenance $7,200.00
05 FHDEV.0105 - Dust Control $3,855.00
06 FHDEV.0131 - Engineering - Add'l WO Test'g $2,000.00
07 FHDEV.0135 - Staking $56,000.00
08 FHDEV.0136 - Staking $3,500.00
09 FHDEV.0140.1 - Earthwork $545,743.22
10 FHDEV.0141 - Earthwork Construction Water $28,000.00
11 FHDEV.0153 - Utility (Adjustments)$22,500.00
12 FHDEV.0160 - Dry Utilities $382,917.42
13 FHDEV.0163 - Electric Onsite $294,430.00
14 FHDEV.0166 - Gas Line Onsite $3,000.00
15 FHDEV.0173 - Sanitary Sewer Offsite $66,974.73
16 FHDEV.0174 - Sanitary Sewer Onsite $403,300.46
17 FHDEV.0175.1 - Storm Water - Offsite $82,817.98
18 FHDEV.0175.2 - Storm Water - Offsite $38,100.00
19 FHDEV.0176.1 - Underground Retention $909,700.00
20 FHDEV.0178 - Water Line Offsite $117,464.96
21 FHDEV.0179.2 - Water Line Onsite $555,419.69
22 FHDEV.0180 - Offsite Concrete $199,001.55
23 FHDEV.0181 - Onsite Concrete $217,047.00
24 FHDEV.0182 - Gates $4,900.00
25 FHDEV.0183 - Guard Rails $23,900.00
L A N D D E V E L O P M E N T C O S T S
Item
No.
Description of Work Scheduled Value
26 FHDEV.0184.1 - Sidewalks $174,500.00
27 FHDEV.0184.2 - Sidewalks $9,600.00
28 FHDEV.0185.1 - Roadway Paving Onsite $271,730.13
29 FHDEV.0186.1 - Roadway Paving Offsite $65,300.00
30 FHDEV.0186.2 - Offsite Paving Tree Removal $1,800.00
31 FHDEV.0187 - Roadway work Onsite $19,100.00
32 FHDEV.0200.1 - Signage (Walking)$25,400.00
33 FHDEV.0200.2 - Signage (Parking #s)$1,600.00
34 FHDEV.0204 - Road Painting and Directional Lines $12,700.00
35 FHDEV.0210 - Landscaping and Irrigation $596,800.00
36 FHDEV.0211 - Landscape Lighting $20,165.00
37 FHDEV.0214 - Pavers $9,300.00
38 FHDEV.0215.1 - Retaining walls $290,346.16
39 FHDEV.0215.2 - Retaining walls $11,512.91
40 FHDEV.0215.3 - Retaining walls $5,153.19
41 FHDEV.0217 - Site Masonry /Iron $262,432.23
42 FHDEV.0238.1 - Vehicular gate (Vehicle Gates)$64,200.00
43 FHDEV.0238.2 - Vehicular gate (Crash Gate)$8,000.00
44 FHDEV.0239 - Site Access Controls $8,000.00
45 FHDEV.0241 - Monument Signage $26,500.00
46 FHDEV.0243 - Parking Canopies $167,400.00
47 FHDEV.0244 - Mailboxes (Boxes)$14,900.00
48 FHDEV.0244 - Mailboxes (Masonry)$6,400.00
49 FHDEV.0246.1 - Trash Enclosures $12,100.00
50 FHDEV.0246.2 - Trash Enclosures $20,400.00
51 FHDEV.0246.3 - Trash Enclosures $9,600.00
52 FHDEV.5101 - Swimming Pool and Spa $148,600.00
Item
No.
Description of Work Scheduled Value
53 FHDEV.5103 - Landscaping and Irrigation $31,800.00
54 FHDEV.5104 - Pool Fence $9,300.00
55 FHDEV.5105 - Pool Area Masonry $22,100.00
56 FHDEV.5106 - Outdoor Kitchen and Grills (Tops)$3,200.00
57 FHDEV.5107 - Outdoor Kitchen and Grills (BBQ's)$4,800.00
58 FHDEV.5108 - Flag Pole and other $7,500.00
59 FHDEV.5109 - Consultant/CM $66,150.00
CONSTRUCTION TOTALS 6,395,061.63
Item
No.
Description of Work Scheduled Value
KFH CLUBHOUSE
54 FHCLUBH.01-740 - Final Clean $3,500.00
55 FHCLUBH.02-200 - Inspections an $1,500.00
56 FHCLUBH.02-210 - Survey $850.00
57 FHCLUBH.02-820 - Soil Treatment $450.00
58 FHCLUBH.03-300 - Concrete $33,400.00
59 FHCLUBH.03-365 - Concrete sealer $350.00
60 FHCLUBH.04-000 - Masonry $27,222.00
61 FHCLUBH.05-000 - Metals $15,945.00
62 FHCLUBH.06-110 - Rough Carpentry $57,862.00
V E R T I C A L C O N S T R U C T I O N C O S T S
Item
No.
Description of Work Scheduled Value
63 FHCLUBH.06-220 - Cabinets $7,050.00
64 FHCLUBH.06-260 - Finish Carpentry $16,223.00
65 FHCLUBH.07-210 - Insulation $3,804.00
66 FHCLUBH.07-570 - Roofing $11,500.00
67 FHCLUBH.08-810 - Glass and Glazing $17,909.00
68 FHCLUBH.09-210 - Drywall $9,809.00
69 FHCLUBH.09-240 - EIFS/Stucco $35,688.00
70 FHCLUBH.09-300 - Flooring (Ceramic)$17,141.00
71 FHCLUBH.09-640 - Wood Flooring $9,670.00
72 FHCLUBH.09-680 - Painting $7,579.00
73 FHCLUBH.09-910 - Toilet Accesso $2,460.00
74 FHCLUBH.10-280 - Appliances $1,620.00
75 FHCLUBH.11-820 - Fireplace and $12,300.00
76 FHCLUBH.12-360 - Countertops $3,600.00
77 FHCLUBH.13-110 - Fire Sprinkler $6,313.00
78 FHCLUBH.21-130 - Plumbing $18,050.00
79 FHCLUBH.23-050 - HVAC $20,600.00
80 FHCLUBH.26-240 - Electrical $18,550.00
81 FHCLUBH.26-250 - Fire Alarm $8,500.00
82 FHCLUBH.26-260 - Low Voltage $6,140.00
KFH CLUBHOUSE - TOTALS $375,585.00
Item
No.
Description of Work Scheduled Value
KFH UNIT VERTICAL CONSTRUCTION
88 FHVC.01-740 - Final Clean $110,055.00
89 FHVC.02-200.1 - Energy Testing $33,075.00
90 FHVC.02-205 - Address Plaques $10,950.00
91 FHVC.02-210 - Survey $18,375.00
92 FHVC.02-215 - Grading $120,550.00
93 FHVC.02-820 - Soil Treatment -$18,562.00
94 FHVC.03-300 - Concrete $1,286,378.00
95 FHVC.04-000 - Masonry/Veneer $164,768.00
96 FHVC.04-100 - Privacy Fence $154,360.00
97 FHVC.05-100 - Units Yard Gates $38,220.00
98 FHVC.06-110 - Rough Carpentry -$2,369,686.00
99 FHVC.06-220 - Cabinets $377,743.00
100 FHVC.06-260 - Finish Carpentry $302,560.00
101 FHVC.06-270 - Stair Railing $6,150.00
102 FHVC.07-210 - Insulation $236,551.00
103 FHVC.07-460 - Siding $51,843.00
104 FHVC.07-570 - Roofing $655,710.00
105 FHVC.08-310 - Architectural Features $15,750.00
106 FHVC.08-810 - Glass and Glazing $335,064.00
107 FHVC.09-210 - Drywall $723,738.00
108 FHVC.09-240 - Stucco $685,384.00
109 FHVC.09-300 - Flooring (Ceramic $399,453.00
Item
No.
Description of Work Scheduled Value
110 FHVC.09-680 - Painting $555,500.00
111 FHVC.09-910 - Toilet Accessories $155,085.00
112 FHVC.10-280 - Appliances $438,000.00
113 FHVC.11-900 - Garage Doors $24,480.00
114 FHVC.12-360 - Countertops $320,877.00
115 FHVC.12-365 - Bathroom surround $114,660.00
116 FHVC.13-110 - Fire Sprinklers $234,679.00
117 FHVC.21-130 - Plumbing $891,885.00
118 FHVC.23-050 - HVAC $634,209.00
119 FHVC.26-240 - Electrical $517,496.00
120 FHVC.26-240.1 - Lighting $89,100.00
121 FHVC.26-260 - Low Voltage $11,760.00
122 FHVC.30-200 - Pavers $33,075.00
123 FHVC.30-300 - Temp Safety Rails $3,500.00
124 FHVC.30-400 - Shading and Bedding $12,495.00
125 CONSTRUCTION TOTALS 12,151,726.00
126
127 LAND DEVELOPMENT COSTS 6,395,061.63
128 CLUBHOUSE COSTS 375,585.00
129 VERTICAL CONSTRUCTION COSTS 12,151,726.00
TOTAL 18,922,372.63
Item
No.
Description of Work Scheduled Value
01 ARTIST AND CONSULTANT DESIGN FEE - LANDSCAPE AND FABRICATION DRAWINGS $10,000.00
02 FABRICATION OF SCULPTURE $61,000.00
03 CONCRETE BASE $9,500.00
04 ELECTRICAL $6,500.00
05 INSTALLATION OF SCULPTURE $8,000.00
06
TOTAL BUDGET/VALUATION 95,000.00
Item
No.
Description of Work Scheduled Value
DEVELOPMENT BUDGET $18,922,372.00
PROEJCT DONATION - PROJECT IS GREATER THAN $10 MIL SO DONATION IS 1/2%$94,611.86
TOTAL DONATION 94,611.86
PUBLIC ART PROJECT
APPLICATION TO ART COMMITTEE 9/13/2021
COUNCIL MEETING 10/19/2021
FABRICATION OCT - NOV
INSTALLATION NOVEMBER
PUBLIC ART BUDGET/VALUATION
SCHEDULE/TIMELINE
DONATION CACULATION
Structural Analysis
CLIENT
KEYSTONE HOMES
Art/Shade Structure
Fountain Hills, Arizona
Registration Expires September 30, 2023
LANDA & ASSOCIATES, INC.
Consulting Structural Engineers
5128 E Thomas Road #100
Phoenix, Arizona 85018 (602) 443-5515 F (602) 443-5533
Project No. LA21-315
(PRELIMINARY)
Expires 9-30-2017Expires 9-30-2018
9-30-21
Structural Analysis
51'-0"5'-3 3/4"
HSS 4x4x3/8
12" Channel
HSS 4x4x10G
Outriggers
14'
12"
Single Bent
HSS 4x4x3/8
12" Channel
12" Channel
(vertical)
Run Channel Web
Thru Flat Channel
1/4" Fillet Weld 18"
Steel Beam
LANDA & ASSOCIATES, INCLic. # : KW-06000183
DESCRIPTION:KeyStone Homes - Art Shade Structure - Outrigger
LANDA & ASSOCIATES, INC.
Consulting Structurall Engineers
5128 E Thomas Road
Phoenix, Arizona 85018
Office 602-443-5515
Software copyright ENERCALC, INC. 1983-2020, Build:12.20.8.17
File: alta chandler_backup_1.ec6
CODE REFERENCES
Calculations per AISC 360-10, IBC 2015, CBC 2016, ASCE 7-10
Load Combination Set : IBC 2012
Material Properties
Analysis Method :
ksi
Bending Axis :Major Axis Bending
Completely Unbraced
Allowable Strength Design Fy : Steel Yield :46.0 ksi
Beam Bracing :E: Modulus :29,000.0
.Service loads entered. Load Factors will be applied for calculations.Applied Loads
Beam self weight calculated and added to loading
Uniform Load : D = 0.010, Lr = 0.0120 ksf, Tributary Width = 4.0 ft, (Roof DL)
.Design OKDESIGN SUMMARY
Maximum Bending Stress Ratio =0.138 : 1
Load Combination +D+Lr
Span # where maximum occurs Span # 1
Location of maximum on span 4.000 ft
0.3778 k
Mn / Omega : Allowable 5.483 k-ft Vn/Omega : Allowable
HSS4x4x1/8Section used for this span
Span # where maximum occurs
Location of maximum on span
Span # 1
Load Combination +D+Lr
14.003 k
Section used for this span HSS4x4x1/8
Ma : Applied
Maximum Shear Stress Ratio =0.027 : 1
4.000 ft
0.756 k-ft Va : Applied
0 <500
2341
Ratio =0 <360
Maximum Deflection
Max Downward Transient Deflection 0.021 in 4,606Ratio =>=500
Max Upward Transient Deflection 0.000 in Ratio =
Max Downward Total Deflection 0.041 in Ratio =>=360
Max Upward Total Deflection 0.000 in
.Maximum Forces & Stresses for Load Combinations
Span #
Summary of Moment ValuesLoad Combination Summary of Shear ValuesMax Stress Ratios
M V Mmax -Mmax +Rm VnxMa Max Mnx/Omega Cb Va MaxMnx Vnx/OmegaSegment Length
D Only
Dsgn. L = 4.00 ft 1 0.068 0.013 -0.37 0.37 9.16 5.48 1.00 1.00 0.19 23.38 14.00
+D+Lr
Dsgn. L = 4.00 ft 1 0.138 0.027 -0.76 0.76 9.16 5.48 1.00 1.00 0.38 23.38 14.00
+D+0.750Lr
Dsgn. L = 4.00 ft 1 0.120 0.024 -0.66 0.66 9.16 5.48 1.00 1.00 0.33 23.38 14.00
+0.60D
Dsgn. L = 4.00 ft 1 0.041 0.008 -0.22 0.22 9.16 5.48 1.00 1.00 0.11 23.38 14.00
.
Location in SpanLoad CombinationMax. "-" Defl Location in SpanLoad Combination Span Max. "+" Defl
Overall Maximum Deflections
+D+Lr 1 0.0410 0.000 0.0000 0.000
.
Load Combination Support 1 Support 2
Vertical Reactions Support notation : Far left is #1 Values in KIPS
Overall MAXimum 0.378
Overall MINimum 0.112
D Only 0.186
+D+Lr 0.378
+D+0.750Lr 0.330
+0.60D 0.112
Lr Only 0.192
Steel Beam
LANDA & ASSOCIATES, INCLic. # : KW-06000183
DESCRIPTION:KeyStone Homes - Art Shade Structure - Outrigger
LANDA & ASSOCIATES, INC.
Consulting Structurall Engineers
5128 E Thomas Road
Phoenix, Arizona 85018
Office 602-443-5515
Software copyright ENERCALC, INC. 1983-2020, Build:12.20.8.17
File: alta chandler_backup_1.ec6
Steel Beam
LANDA & ASSOCIATES, INCLic. # : KW-06000183
DESCRIPTION:KeyStone Homes - Art Shade Structure - Outrigger Support Channel
LANDA & ASSOCIATES, INC.
Consulting Structurall Engineers
5128 E Thomas Road
Phoenix, Arizona 85018
Office 602-443-5515
Software copyright ENERCALC, INC. 1983-2020, Build:12.20.8.17
File: alta chandler_backup_1.ec6
CODE REFERENCES
Calculations per AISC 360-10, IBC 2015, CBC 2016, ASCE 7-10
Load Combination Set : IBC 2012
Material Properties
Analysis Method :
ksi
Bending Axis :Major Axis Bending
Completely Unbraced
Allowable Strength Design Fy : Steel Yield :46.0 ksi
Beam Bracing :E: Modulus :29,000.0
.Service loads entered. Load Factors will be applied for calculations.Applied Loads
Beam self weight calculated and added to loading
Load(s) for Span Number 1
Point Load : D = 0.50, Lr = 0.50 k @ 0.50 ft, (Outrigger)
.Design OKDESIGN SUMMARY
Maximum Bending Stress Ratio =0.122 : 1
Load Combination +D+Lr
Span # where maximum occurs Span # 1
Location of maximum on span 6.000 ft
1.124 k
Mn / Omega : Allowable 48.123 k-ft Vn/Omega : Allowable
C12x20.7Section used for this span
Span # where maximum occurs
Location of maximum on span
Span # 1
Load Combination +D+Lr
55.927 k
Section used for this span C12x20.7
Ma : Applied
Maximum Shear Stress Ratio =0.020 : 1
6.000 ft
5.873 k-ft Va : Applied
0 <500
4687
Ratio =0 <360
Maximum Deflection
Max Downward Transient Deflection 0.015 in 9,873Ratio =>=500
Max Upward Transient Deflection 0.000 in Ratio =
Max Downward Total Deflection 0.031 in Ratio =>=360
Max Upward Total Deflection 0.000 in
.Maximum Forces & Stresses for Load Combinations
Span #
Summary of Moment ValuesLoad Combination Summary of Shear ValuesMax Stress Ratios
M V Mmax -Mmax +Rm VnxMa Max Mnx/Omega Cb Va MaxMnx Vnx/OmegaSegment Length
D Only
Dsgn. L = 6.00 ft 1 0.065 0.011 -3.12 3.12 80.37 48.12 1.00 1.00 0.62 93.40 55.93
+D+Lr
Dsgn. L = 6.00 ft 1 0.122 0.020 -5.87 5.87 80.37 48.12 1.00 1.00 1.12 93.40 55.93
+D+0.750Lr
Dsgn. L = 6.00 ft 1 0.108 0.018 -5.19 5.19 80.37 48.12 1.00 1.00 1.00 93.40 55.93
+0.60D
Dsgn. L = 6.00 ft 1 0.039 0.007 -1.87 1.87 80.37 48.12 1.00 1.00 0.37 93.40 55.93
.
Location in SpanLoad CombinationMax. "-" Defl Location in SpanLoad Combination Span Max. "+" Defl
Overall Maximum Deflections
+D+Lr 1 0.0307 0.000 0.0000 0.000
.
Load Combination Support 1 Support 2
Vertical Reactions Support notation : Far left is #1 Values in KIPS
Overall MAXimum 1.124
Overall MINimum 0.375
D Only 0.624
+D+Lr 1.124
+D+0.750Lr 0.999
+0.60D 0.375
Steel Beam
LANDA & ASSOCIATES, INCLic. # : KW-06000183
DESCRIPTION:KeyStone Homes - Art Shade Structure - Outrigger Support Channel
LANDA & ASSOCIATES, INC.
Consulting Structurall Engineers
5128 E Thomas Road
Phoenix, Arizona 85018
Office 602-443-5515
Software copyright ENERCALC, INC. 1983-2020, Build:12.20.8.17
File: alta chandler_backup_1.ec6
Steel Column
LANDA & ASSOCIATES, INCLic. # : KW-06000183
DESCRIPTION:KeyStone Homes - Art/Shade Structure - Support Columns
LANDA & ASSOCIATES, INC.
Consulting Structurall Engineers
5128 E Thomas Road
Phoenix, Arizona 85018
Office 602-443-5515
Software copyright ENERCALC, INC. 1983-2020, Build:12.20.8.17
File: alta chandler_backup_1.ec6
.Code References
Calculations per AISC 360-10, IBC 2015, CBC 2016, ASCE 7-10
Load Combinations Used : IBC 2012
General Information
Steel Stress Grade
Top & Bottom PinnedAnalysis Method :
10Overall Column Height
ft
Top & Bottom FixityAllowable Strength
Fy : Steel Yield
ksi29,000.0
ksi
Steel Section Name :HSS4x4x3/8
46.0
ft
E : Elastic Bending Modulus
Y-Y (depth) axis :
X-X (width) axis :
Unbraced Length for buckling ABOUT Y-Y Axis = 39 ft, K = 1.0
Unbraced Length for buckling ABOUT X-X Axis = 39 ft, K = 1.0
Brace condition for deflection (buckling) along columns :
.Applied Loads Service loads entered. Load Factors will be applied for calculations.
AXIAL LOADS . . .
Outrigger Support: Axial Load at 10.0 ft, Xecc = 2.0 in, Yecc = 4.0 in, D = 1.0, L = 1.0 k
BENDING LOADS . . .
Lat. Uniform Load creating Mx-x, L = -0.0150 k/ft
.
X-X & Y-Y kl/r > 200
DESIGN SUMMARY
PASS Max. Axial+Bending Stress Ratio =0.3426
Location of max.above base 9.933 ft
2.0 k
7.088 k
-0.6672 k-ft
Load Combination +D+L
Load Combination +D+L
14.668 k-ft
Bending & Shear Check Results
PASS Maximum Shear Stress Ratio =
0.1417 k
0.004159 : 1
Location of max.above base 0.0 ft
At maximum location values are . . .
: 1
At maximum location values are . . .
k
14.668 k-ft
-0.3311 k-ft
Pa : Axial
Pn / Omega : Allowable
Ma-x : Applied
Mn-x / Omega : Allowable
Ma-y : Applied
Mn-y / Omega : Allowable
Va : Applied
Vn / Omega : Allowable
Maximum Load Reactions . .
(see tab for all)
Top along X-X 0.03333 k
Bottom along X-X 0.03333 k
Top along Y-Y 0.04167 k
Bottom along Y-Y 0.1417 k
Maximum Load Deflections . . .
Along Y-Y -0.03616 in at 5.570 ft above base
for load combination :+D+L
Along X-X -0.01248 in at 5.839 ft above base
for load combination :+D+L
34.065
.
Maximum Axial + Bending Stress Ratios Maximum Shear Ratios
Load Combination Stress Ratio Location Stress Ratio Status LocationStatus
Load Combination Results
Cbx Cby KxLx/Rx KyLy/Ry
D Only PASS PASS0.00 0.001 0.00 ftft0.141 1.27 1.66 318.37 318.37
+D+L PASS PASS9.93 0.004 0.00 ftft0.343 1.27 1.66 318.37 318.37
+D+0.750L PASS PASS9.93 0.003 0.00 ftft0.300 1.27 1.66 318.37 318.37
+0.60D PASS PASS0.00 0.001 0.00 ftft0.085 1.27 1.66 318.37 318.37
.
k k-ft
Note: Only non-zero reactions are listed.
Load Combination
X-X Axis Reaction Y-Y Axis ReactionAxial Reaction
@ Base @ Top@ Base @ Base @ Top
Maximum Reactions
@ Base @ Base@ Top @ Top
Mx - End Moments My - End Moments
D Only 0.0331.000 -0.0330.017 0.017
+D+L -0.0082.000 -0.1420.033 0.033
+D+0.750L 0.0021.750 -0.1150.029 0.029
+0.60D 0.0200.600 -0.0200.010 0.010
L Only -0.0421.000 -0.1080.017 0.017
k k-ft
Item
X-X Axis Reaction Y-Y Axis ReactionAxial Reaction
@ Base @ Top@ Base @ Base @ Top
Extreme Reactions
Extreme Value @ Base @ Base@ Top @ Top
Mx - End Moments My - End Moments
MaximumAxial @ Base -0.0082.000 -0.1420.033 0.033
Steel Column
LANDA & ASSOCIATES, INCLic. # : KW-06000183
DESCRIPTION:KeyStone Homes - Art/Shade Structure - Support Columns
LANDA & ASSOCIATES, INC.
Consulting Structurall Engineers
5128 E Thomas Road
Phoenix, Arizona 85018
Office 602-443-5515
Software copyright ENERCALC, INC. 1983-2020, Build:12.20.8.17
File: alta chandler_backup_1.ec6
k k-ft
Item
X-X Axis Reaction Y-Y Axis ReactionAxial Reaction
@ Base @ Top@ Base @ Base @ Top
Extreme Reactions
Extreme Value @ Base @ Base@ Top @ Top
Mx - End Moments My - End Moments
Minimum"0.0200.600 -0.0200.010 0.010
MaximumReaction, X-X Axis Base -0.0082.000 -0.1420.033 0.033
Minimum"0.0200.600 -0.0200.010 0.010
MaximumReaction, Y-Y Axis Base 0.0200.600 -0.0200.010 0.010
Minimum"-0.0082.000 -0.1420.033 0.033
MaximumReaction, X-X Axis Top -0.0082.000 -0.1420.033 0.033
Minimum"0.0200.600 -0.0200.010 0.010
MaximumReaction, Y-Y Axis Top 0.0331.000 -0.0330.017 0.017
Minimum"0.0021.750 -0.1150.029 0.029
MaximumMoment, X-X Axis Base 0.0331.000 -0.0330.017
Minimum"0.0331.000 -0.0330.017
MaximumMoment, Y-Y Axis Base 0.0331.000 -0.0330.017 0.017
Minimum"0.0331.000 -0.0330.017 0.017
MaximumMoment, X-X Axis Top 0.0331.000 -0.0330.017 0.017
Minimum"0.0331.000 -0.0330.017 0.017
MaximumMoment, Y-Y Axis Top 0.0331.000 -0.0330.017 0.017
Minimum"0.0331.000 -0.0330.017 0.017
.Maximum Deflections for Load Combinations
Max. X-X Deflection Max. Y-Y Deflection DistanceLoad Combination Distance
D Only -0.0062 -0.012 5.839 ftftinin5.839
+D+L -0.0125 -0.036 5.570 ftftinin5.839
+D+0.750L -0.0109 -0.030 5.570 ftftinin5.839
+0.60D -0.0037 -0.007 5.839 ftftinin5.839
L Only -0.0062 -0.024 5.436 ftftinin5.839
.Steel Section Properties :HSS4x4x3/8
R xx =
1.470
in
Depth =4.000 in
R yy =
1.470
in
J =17.500 in^4
Width =4.000 in
Wall Thick
=
0.375 in Zx =6.390 in^3
Area
=
4.780 in^2
Weight =17.270 plf
I xx =10.30 in^4
S xx =5.13 in^3Design Thick =0.349 in
I yy =10.300 in^4 C =9.140 in^3
S yy =5.130 in^3
Ycg =0.000 in
Steel Column
LANDA & ASSOCIATES, INCLic. # : KW-06000183
DESCRIPTION:KeyStone Homes - Art/Shade Structure - Support Columns
LANDA & ASSOCIATES, INC.
Consulting Structurall Engineers
5128 E Thomas Road
Phoenix, Arizona 85018
Office 602-443-5515
Software copyright ENERCALC, INC. 1983-2020, Build:12.20.8.17
File: alta chandler_backup_1.ec6
Steel Column
LANDA & ASSOCIATES, INCLic. # : KW-06000183
DESCRIPTION:KeyStone Homes - Art/Shade Structure - Support Columns
LANDA & ASSOCIATES, INC.
Consulting Structurall Engineers
5128 E Thomas Road
Phoenix, Arizona 85018
Office 602-443-5515
Software copyright ENERCALC, INC. 1983-2020, Build:12.20.8.17
File: alta chandler_backup_1.ec6
Sketches
General Footing
LANDA & ASSOCIATES, INCLic. # : KW-06000183
DESCRIPTION:KeyStone Homes - Art/Shade Structure - Footing (Curved)
LANDA & ASSOCIATES, INC.
Consulting Structurall Engineers
5128 E Thomas Road
Phoenix, Arizona 85018
Office 602-443-5515
Software copyright ENERCALC, INC. 1983-2020, Build:12.20.8.17
File: alta chandler_backup_1.ec6
Code References
Calculations per ACI 318-14, IBC 2015, CBC 2016, ASCE 7-10
Load Combinations Used : IBC 2015
General Information
Material Properties Soil Design Values
1.0
Analysis Settings
250.0ksi
Yes
ksfAllowable Soil Bearing =
=
3.0
60.0
3,122.0
145.0 =0.30
Flexure =0.90
Shear =
ValuesM
0.00180
2.0
Soil Passive Resistance (for Sliding)
1.0 =
Increases based on footing plan dimension
Add Pedestal Wt for Soil Pressure No:
Use Pedestal wt for stability, mom & shear No:
Allowable pressure increase per foot of depth
=ksfwhen max. length or width is greater than
=ft
:
=
Add Ftg Wt for Soil Pressure Yes
Yes:Use ftg wt for stability, moments & shears
when footing base is below ft
pcf
Increase Bearing By Footing Weight
=pcf
Min. Overturning Safety Factor
=
: 1
Increases based on footing Depth0.750
=
Soil/Concrete Friction Coeff.
Ec : Concrete Elastic Modulus
=
=Footing base depth below soil surface ft
=Allow press. increase per foot of depth ksf
=
: 11.0Min. Sliding Safety Factor =
=
Concrete Density
=
Min Allow % Temp Reinf.
ksif'c : Concrete 28 day strength
fy : Rebar Yield ksi
Min Steel % Bending Reinf.
#
Dimensions
Width parallel to X-X Axis 3.0 ft
Length parallel to Z-Z Axis
=
14.0 ft
Load location offset from footing center...
ex : Prll to X-X Axis 1 in=
ez : Prll to Z-Z Axis 1 in=
=Pedestal dimensions...
px : parallel to X-X Axis 1.0 in
pz : parallel to Z-Z Axis 1.0 in
Height ==
1.0 in
Footing Thickness
=
12.0 in=
Rebar Centerline to Edge of Concrete...=inat Bottom of footing 3.0
Reinforcing
#
Bars parallel to X-X Axis
Reinforcing Bar Size
=
5
Number of Bars
=
5
Bars parallel to Z-Z Axis
Reinforcing Bar Size =4
Number of Bars =14
Bandwidth Distribution Check (ACI 15.4.4.2)
Direction Requiring Closer Separation
n/a
# Bars required within zone n/a
# Bars required on each side of zone n/a
Applied Loads
5.0 5.0
D Lr
ksf
L S
P : Column Load
OB : Overburden =
k
W E
M-zz
V-x
=
=k
V-z k
M-xx =
10.0 k-ft=10.0
10.0 k-ft10.0
H
=
Approx 4' Wide
x 6' Long (Curved)
16"
General Footing
LANDA & ASSOCIATES, INCLic. # : KW-06000183
DESCRIPTION:KeyStone Homes - Art/Shade Structure - Footing (Curved)
LANDA & ASSOCIATES, INC.
Consulting Structurall Engineers
5128 E Thomas Road
Phoenix, Arizona 85018
Office 602-443-5515
Software copyright ENERCALC, INC. 1983-2020, Build:12.20.8.17
File: alta chandler_backup_1.ec6
PASS n/a Sliding - X-X 0.0 k 0.0 k No Sliding
PASS n/a Sliding - Z-Z 0.0 k 0.0 k No Sliding
DESIGN SUMMARY Design OK
Governing Load CombinationMin. Ratio Item Applied Capacity
PASS 0.3181 Soil Bearing 0.4438 ksf 1.395 ksf +D+Lr
PASS n/a Overturning - X-X 0.0 k-ft 0.0 k-ft No Overturning
PASS n/a Overturning - Z-Z 0.0 k-ft 0.0 k-ft No Overturning
PASS n/a Uplift 0.0 k 0.0 k No Uplift
PASS 0.04868 Z Flexure (+X)0.5104 k-ft/ft 10.486 k-ft/ft +1.20D+1.60Lr
PASS 0.05432 Z Flexure (-X)0.5697 k-ft/ft 10.486 k-ft/ft +1.20D+1.60Lr
PASS 0.04868 X Flexure (+Z)0.5104 k-ft/ft 10.486 k-ft/ft +1.20D+1.60Lr
PASS 0.05432 X Flexure (-Z)0.5697 k-ft/ft 10.486 k-ft/ft +1.20D+1.60Lr
PASS 0.03864 1-way Shear (+X)3.175 psi 82.158 psi +1.20D+1.60Lr
PASS 0.04182 1-way Shear (-X)3.435 psi 82.158 psi +1.20D+1.60Lr
PASS 0.03864 1-way Shear (+Z)3.175 psi 82.158 psi +1.20D+1.60Lr
PASS 0.04182 1-way Shear (-Z)3.435 psi 82.158 psi +1.20D+1.60Lr
PASS 0.07128 2-way Punching 11.713 psi 164.317 psi +1.20D+1.60Lr
Detailed Results
Rotation Axis &ZeccXecc Actual Soil Bearing Stress @ Location Actual / Allow
Soil Bearing
(in)Gross Allowable Bottom Left Top Left Top Right Bottom Right RatioLoad Combination...
, D Only 0.000
, 45.0 deg CCW 1.395 0.26110.2611 0.2409 0.2812 0.2020.23390.2339
, +D+Lr 0.000
, 45.0 deg CCW 1.395 0.38330.3833 0.3228 0.4438 0.3180.47820.4782
, +D+0.750Lr 0.000
, 45.0 deg CCW 1.395 0.35270.3527 0.3023 0.4031 0.2890.43300.4330
, +0.60D 0.000
, 45.0 deg CCW 1.395 0.15660.1566 0.1446 0.1687 0.1210.23390.2339
Rotation Axis &
Overturning Stability
Load Combination...StatusOverturning Moment Resisting Moment Stability Ratio
Footing Has NO Overturning
Force Application Axis
Sliding Stability All units k
Load Combination...StatusSliding Force Resisting Force Stability Ratio
Footing Has NO Sliding
Flexure Axis & Load Combination in^2 in^2 in^2 k-ft
As Req'd
Footing Flexure
Tension
k-ft
Actual As StatusMuSideSurfaceGvrn. As Phi*Mn
X-X, +1.40D 0.3549 +Z Bottom 0.2592 Min Temp %0.2667 10.486 OK
X-X, +1.40D 0.4232 -Z Bottom 0.2592 Min Temp %0.2667 10.486 OK
X-X, +1.20D+0.50Lr 0.3686 +Z Bottom 0.2592 Min Temp %0.2667 10.486 OK
X-X, +1.20D+0.50Lr 0.4274 -Z Bottom 0.2592 Min Temp %0.2667 10.486 OK
X-X, +1.20D 0.3042 +Z Bottom 0.2592 Min Temp %0.2667 10.486 OK
X-X, +1.20D 0.3627 -Z Bottom 0.2592 Min Temp %0.2667 10.486 OK
X-X, +1.20D+1.60Lr 0.5104 +Z Bottom 0.2592 Min Temp %0.2667 10.486 OK
X-X, +1.20D+1.60Lr 0.5697 -Z Bottom 0.2592 Min Temp %0.2667 10.486 OK
X-X, +0.90D 0.2281 +Z Bottom 0.2592 Min Temp %0.2667 10.486 OK
X-X, +0.90D 0.2720 -Z Bottom 0.2592 Min Temp %0.2667 10.486 OK
Z-Z, +1.40D 0.4232 -X Bottom 0.2592 Min Temp %0.2667 10.486 OK
Z-Z, +1.40D 0.3549 +X Bottom 0.2592 Min Temp %0.2667 10.486 OK
Z-Z, +1.20D+0.50Lr 0.4274 -X Bottom 0.2592 Min Temp %0.2667 10.486 OK
Z-Z, +1.20D+0.50Lr 0.3686 +X Bottom 0.2592 Min Temp %0.2667 10.486 OK
Z-Z, +1.20D 0.3627 -X Bottom 0.2592 Min Temp %0.2667 10.486 OK
Z-Z, +1.20D 0.3042 +X Bottom 0.2592 Min Temp %0.2667 10.486 OK
General Footing
LANDA & ASSOCIATES, INCLic. # : KW-06000183
DESCRIPTION:KeyStone Homes - Art/Shade Structure - Footing (Curved)
LANDA & ASSOCIATES, INC.
Consulting Structurall Engineers
5128 E Thomas Road
Phoenix, Arizona 85018
Office 602-443-5515
Software copyright ENERCALC, INC. 1983-2020, Build:12.20.8.17
File: alta chandler_backup_1.ec6
Flexure Axis & Load Combination in^2 in^2 in^2 k-ft
As Req'd
Footing Flexure
Tension
k-ft
Actual As StatusMuSide
Surface
Gvrn. As Phi*Mn
Z-Z, +1.20D+1.60Lr 0.5697 -X Bottom 0.2592 Min Temp %0.2667 10.486 OK
Z-Z, +1.20D+1.60Lr 0.5104 +X Bottom 0.2592 Min Temp %0.2667 10.486 OK
Z-Z, +0.90D 0.2720 -X Bottom 0.2592 Min Temp %0.2667 10.486 OK
Z-Z, +0.90D 0.2281 +X Bottom 0.2592 Min Temp %0.2667 10.486 OKOne Way Shear
Vu @ +XLoad Combination...Vu @ -X Vu @ -Z Vu @ +Z Vu:Max Vu / Phi*VnPhi Vn Status
+1.40D 2.56 2.20 2.56 2.20 2.56 82.16 0.03psipsipsipsipsipsi OK
+1.20D+0.50Lr 2.58 2.29 2.58 2.29 2.58 82.16 0.03psipsipsipsipsipsi OK
+1.20D 2.20 1.88 2.20 1.88 2.20 82.16 0.03psipsipsipsipsipsi OK
+1.20D+1.60Lr 3.44 3.18 3.44 3.18 3.44 82.16 0.04psipsipsipsipsipsi OK
+0.90D 1.65 1.41 1.65 1.41 1.65 82.16 0.02psipsipsipsipsipsi OK
Vu / Phi*Vn
Two-Way "Punching" Shear All units k
StatusVuPhi*VnLoad Combination...
+1.40D 8.42 164.32 0.05123 OKpsipsi
+1.20D+0.50Lr 8.62 164.32 0.05246 OKpsipsi
+1.20D 7.22 164.32 0.04391 OKpsipsi
+1.20D+1.60Lr 11.71 164.32 0.07128 OKpsipsi
+0.90D 5.41 164.32 0.03293 OKpsipsi
ITEM 8. C.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 10/19/2021 Meeting Type: Town Council Regular Meeting
Agenda Type: Regular Agenda Submitting Department: Community Services
Prepared by: Patti Lopuszanski, Executive Assistant
Staff Contact Information: Rachael Goodwin, Community Services Director
Request to Town Council Regular Meeting (Agenda Language): CONSIDERATION AND
POSSIBLE ACTION: Resolution 2021-32 approving Amendment Two to the Intergovernmental
Agreement with Maricopa County relating to the maintenance, improvement and management of
outdoor recreation opportunities in the McDowell Mountain Preserve and McDowell Regional Park.
Staff Summary (Background)
The purpose of this Intergovernmental Agreement with Maricopa County is to support the overall
maintenance, improvement and management of outdoor recreation opportunities in the Town of
Fountain Hills' McDowell Mountain Preserve and the County's McDowell Regional Park. The agreement
ensures joint planning and development of trails mutually beneficial to the County and Town by
providing legal access to trails that connect the County Park and Preserve. There are multiple points of
shared entry including access to the Dixie Mine Trail via Eagles Nest and the Sonoran Trail via Adero
Canyon Trailhead. The IGA allows both entities to work together and share facilities, personnel,
electronic resources, and equipment when appropriate, while providing training, resource management
and cohesive development. This agreement allows for both parties to cooperate in the conservation,
restoration and general management of natural resources within the County Park and the Preserve with
proper land use programs. Joint responsibilities include cooperation in the construction of wildlife
habitat improvements, and education enhancements to include viewing blinds, signage, kiosks and
exhibits.
Neither the County nor Town is required to provide funding, labor or perform maintenance of any
portion of the Sonoran Trail located upon or across the real property of the other party.
On November 17, 2016, the Town Council approved Amendment One of the IGA with the County for an
additional five years taking the agreement through December 15, 2021. A second extension
proposes to extend the agreement an additional five years to 2026.
Related Ordinance, Policy or Guiding Principle
N/A
Risk Analysis
None
Recommendation(s) by Board(s) or Commission(s)
The McDowell Mountain Preserve Commission recommends approval of the second amendment to the
intergovernmental agreement.
Staff Recommendation(s)
Staff recommends the approval of Resolution 2021-32
SUGGESTED MOTION
MOVE to adopt Resolution 2021-32 approving Amendment Two to the Intergovernmental Agreement
with Maricopa County.
Attachments
Resolution 2021-32 Amendment Two IGA between Maricopa County and TOFH
Form Review
Inbox Reviewed By Date
Community Services Director Rachael Goodwin 10/06/2021 04:35 PM
Finance Director David Pock 10/07/2021 06:30 AM
Town Attorney Aaron D. Arnson 10/07/2021 08:07 AM
Town Manager Grady E. Miller 10/12/2021 08:22 PM
Form Started By: Patti Lopuszanski Started On: 09/29/2021 12:28 PM
Final Approval Date: 10/12/2021
ITEM 8. D.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 10/19/2021 Meeting Type: Town Council Regular Meeting
Agenda Type: Regular Agenda Submitting Department: Development Services
Prepared by: John Wesley, Development Services Director
Staff Contact Information: John Wesley, Development Services Director
Request to Town Council Regular Meeting (Agenda Language): CONSIDERATION AND
DISCUSSION: Options for possible amendment to Section 11-1-7, Noise, of the Town Code.
Staff Summary (Background)
Article 11-1 of the Town Code addresses various offenses. Section 11-1-7 covers noise. This section
defines what is unacceptable noise and the procedures to abate violations. This section was last
amended two years ago when the Council added specific decibel limits to the ordinance.
The current ordinance provides two options for determining a violation to the standards. Option one
(Section 11-1-7 D), Per Se Noise Violations, establishes set noise limits in terms of maximum decibels for
daytime and nighttime. As discussed in the previous report (attached) this has been a challenge for the
Sheriff's Office to implement for a number of reasons. The second option (Section 11-1-7 E), Violations
for Unreasonable Noise, makes it "unlawful for any person to make or create unreasonable noise..." This
subjective approach has also been a challenge for the officer's to use.
A proposed amendment presented to the Town Council on August 17 eliminating the Per Se violation
section and added standards to the Unreasonable Noise provisions to make them more useful and
enforceable. In discussing the proposed amendment, the Town Council struggled with eliminating the
objective standard of the use of the decibel meter asked staff to continue to explore options, possibly
including both avenues of enforcement.
Upon further review and discussion by staff, it has been determined that:
There are pros and cons to both approaches that should be further discussed with Council, and
There are challenges to enforcement by including both approaches in one ordinance.
Therefore, staff has determined that it would be best to further discuss both options with the Council
before determining what, if any, modifications should be made to the ordinance. This agenda item will
be for discussion only so staff can receive direction on ordinance modifications which can be brought
back to a future Council meeting.
Related Ordinance, Policy or Guiding Principle
Town Code Section 11-1-7 Noise
Risk Analysis
N/A
Recommendation(s) by Board(s) or Commission(s)
NA
Staff Recommendation(s)
NA
SUGGESTED MOTION
No action will be take on this agenda item.
Attachments
August 17 Council Report
Form Review
Inbox Reviewed By Date
Development Services Director (Originator)John Wesley 09/21/2021 11:59 AM
Form Started By: John Wesley Started On: 09/13/2021 11:44 AM
Final Approval Date: 10/13/2021
ITEM 8. C.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 08/17/2021 Meeting Type: Town Council Regular Meeting
Agenda Type: Regular Agenda Submitting Department: Development Services
Prepared by: John Wesley, Development Services Director
Staff Contact Information: John Wesley, Development Services Director
Request to Town Council Regular Meeting (Agenda Language): CONSIDERATION AND
POSSIBLE ACTION: Ordinance 21-11, amending Section 11-1-7, Noise, of the Town Code.
Staff Summary (Background)
This is a proposed text amendment to the Town Code. Text amendments to the Town Code do not
require the review and recommendation of the Planning and Zoning Commission. Given the subject of
this text amendment, however, staff determined it would be helpful to receive the input and
recommendation of this body before proceeding to the Town Council.
Article 11-1 of the Town Code addresses various offenses. Section 11-1-7 covers noise. This section
defines what is unacceptable noise and the procedures to abate issues. This section was last amended
two years ago when the Council added specific decibel limits to the ordinance.
While there is good reason to use a specific measurement, such as decibels, it has proven to be difficult
to implement over the last two years. For violations to hold up through prosecution, the decibel meter
being used must regularly be calibrated and accurate. Further, the deputies using the meter must be
trained in the use of the meter. Because it has been difficult to do these things, the Sheriff's Office has
not been using this provision in the ordinance when apparent noise violations have occurred.
The main noise complaints received by the Town over the last few years have been associated with
vacation rentals and events that occur at those homes. The current noise ordinance has not been
effective in addressing those issues. In response, the Town agreed to revisit the current noise
ordinance and propose modifications that would facilitate the enforcement of noise violations.
Town staff reviewed ordinances from other cities and towns and worked with the Sheriff's Office, the
Town Prosecutor, and Town Attorney to prepare the revised ordinance. The Prosecutor and Captain
Kratzer both agree the proposed new ordinance should be easier to use and enforce than the existing
ordinance.
The main change to the ordinance is to remove the specific decibel limits and replace them with other
objective criteria that can be used to determine if the noise coming from an activity is "unnecessary,
unusual, or unreasonable noise that is excessive, disruptive, and/or annoying."
Section B of the ordinance provides two new definitions, one for Noise Sensitive Area and one for
Unruly Gathering. The definition for Noise Sensitive Area will help provide protection during the day to
residential neighborhoods and the definition for Unruly Gathering will be helpful with enforcement at
the vacation homes and in other similar situations where large parties occur.
Section C of the ordinance is the portion of the code that eliminates the current use of the decibel
approach and creates the new standards. This section of the ordinance establishes five conditions
which can be considered noise violations if they occur during specific times. These are:
Causing or allowing any noise by using, operating or permitting to be played any electronic music
device, television, amplifier, musical instrument, or instrument, machine or device used for the
production, reproduction or emission of sound.
1.
Causing or allowing any noise in connection with the loading or unloading or operation of any
vehicle.
2.
Using, or allowing use, of landscape maintenance equipment prior to 5:00 am.3.
Using or allowing use of hand or power tools or any other machinery or equipment not otherwise
permitted in the town code.
4.
Participating in or allowing any malicious or willful shouting, yelling, screaming, or any other form
of raucous vocalization by a person or group of people.
5.
During the hours from 10:00 pm to 6:00 am, these conditions can be found to be a violation if they:
Produce any excessive, disruptive, and/or annoying noise, which is clearly audible from a distance
of 200 feet or further from the sound source; and
Are continuous or intermittent for a period of at least fifteen (15) minutes; and
Disturb the peace and quiet of a neighborhood or a reasonable person of ordinary sensibilities.
During the hours from 6:00 am to 10:00 pm these conditions can be found to be a violation in noise
sensitive areas if they meet the criteria above and disturb the peace of a neighborhood or a minimum of
any two or more persons not occupying the same residence or physical location, and are not exempted
in this or any other town code or ordinance.
Section D of the ordinance discusses Prohibited Noise and states: "It is unlawful for any person to make,
allow, enable or create excessive noise, which disturbs the peace or quiet of a neighborhood, family, or
reasonable person of ordinary sensibilities. For purposes of this subsection, the determination of
prohibited noise shall be made based upon the circumstances existing at the time and place of the
violation and the standards established in section 11-1-7(c). For making a determination that noise is
prohibited pursuant to this section, a reasonable person of ordinary sensibilities may include any
Maricopa County Sheriff’s deputy or other town employees designated by the town manager to enforce
this section."
Section E of the ordinance addresses unruly gatherings and states: "A peace officer may abate an unruly
gathering by reasonable means including, but not limited to, citation and/or order dispersal of the
persons attending the gathering."
Sections F - H are unchanged from the current ordinance.
Section I addresses exemptions from the ordinance. One of the exemptions is being modified to
address an issue we have been facing with regard to maintenance of golf courses. The current
ordinance language allows for landscape maintenance to occur during daylight hours. This has
presented two problems. One is understanding when it is "daylight." In the cooler months when the
sun comes up later, there are times when some golf course maintenance crews have gotten started well
before daylight to have the course ready for the first golfers. Establishing a specific time in the
ordinance will help with enforcement of this problem. Based on our review of when the golf course
maintenance crews typically want to start work, setting the specific time of 5:00 am will make the
ordinance easier to enforce.
Related Ordinance, Policy or Guiding Principle
Town Code Section 11-1-7 Noise
Risk Analysis
N/A
Recommendation(s) by Board(s) or Commission(s)
The Planning and Zoning Commission discussed this proposed text amendment at their regular meeting
on July 12, 2021. Because it is not a change to the Zoning Ordinance, they were not required to provide
a recommendation to the Council on the proposed amendment. Based on their discussion, there was
concern with making the proposed change and the Commission did not make a formal
recommendation. The primary concern with the change to the ordinance is elimination of the decibel
measurement; there was concern that the new standards for enforcement are too subjective. The
Commissioners wondered if it would be possible to leave the decibel approach and add the new
standards to give multiple ways to use and enforce the code. They also asked if it would be possible to
increase the fines associated with the violations.
Staff Recommendation(s)
Staff recommends adoption of the ordinance as proposed.
SUGGESTED MOTION
MOVE to adopt Ordinance 21-11.
Attachments
Ordinance 21-11
Form Review
Inbox Reviewed By Date
Development Services Director (Originator)John Wesley 06/21/2021 12:52 PM
Development Services Director (Originator)John Wesley 08/10/2021 01:54 PM
Town Attorney Aaron D. Arnson 08/10/2021 02:15 PM
Town Manager Grady E. Miller 08/10/2021 03:22 PM
Form Started By: John Wesley Started On: 06/09/2021 10:47 AM
Final Approval Date: 08/10/2021
ITEM 8. E.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 10/19/2021 Meeting Type: Town Council Regular Meeting
Agenda Type: Regular Agenda Submitting Department: Development Services
Prepared by: John Wesley, Development Services Director
Staff Contact Information: John Wesley, Development Services Director
Request to Town Council Regular Meeting (Agenda Language): PUBLIC HEARING,
CONSIDERATION AND POSSIBLE ACTION: Ordinance 21-13 amending Zoning Ordinance Chapter 6,
Sign Regulations, Sections 6.02, Definitions, Section 6.07, General Regulations, and Section 6.08, Sign
Requirements and Allowances. (ACTION TO BE TAKEN TO CONTINUE THE PUBLIC HEARING TO
NOVEMBER 2, 2021, REGULAR COUNCIL MEETING)
Staff Summary (Background)
Following several work sessions in early 2021, the Council approved the new Sign Regulations (Chapter
6 of the Zoning Ordinance) on May 18, 2021. During the review by the Council there was significant
discussion regarding allowing temporary signs, specifically A-frame, T-frame, post and board, yard, and
residential directional signs, in the public right-of-way. In the final version of the ordinance, the Council
voted to not allow these types of signs in the right-of-way. In follow-up to that vote, however, the
Council acknowledged this as an issue that should have further review and directed staff to explore
options to address concerns raised by Councilmembers and the pulbic and propose possible
amendments.
To address the situation, staff has:
Explored and listed the actual differences in the previous and new ordinance to see clearly what
has changed.
Further reviewed the commercial and industrial areas in the Town to see where there may be
challenges for businesses to place temporary signage on private property (maps attached)
Met twice with two separate focus groups (one business and one real estate) to seek input
regarding the challenges presented by the new ordinance and discussion regarding possible
amendments.
The action of the Town Council to not allow temporary signs in the right-of-way was an effort to provide
a sign ordinance that is consistent with the Findings and Purpose statements in Section 6.01 of the Sign
Regulations. Several of these statements mention the need to protect the health and safety of the
Town by reducing distractions and obstructions along roadways and avoiding visual clutter while still
providing a means of communication in the Town. In considering possible amendments, staff kept in
mind the intent of the ordinance and the initial decision from the Council to not allow these signs in the
right-of-way, and has sought the minimum modifications that could be considered to address the
concerns expressed while still maintaining the safety and aesthetics of the community.
Following are the possible changes staff has identified to the Sign Regulations in an effort to balance
these competing interests. Included with each section are comments and alternative recommendations
from the Planning and Zoning Commission, if any.
Section 6.02
One of the concerns with regard to the ordinance is for businesses in zero setback situations where the
building is brought to the property line along the street. In those situations, there is nowhere to put a
temporary sign except in the right-of-way. This condition occurs primarily in the Town Center area
where we have the Town Center Commercial District and the Planned Shopping Plaza Overlay District.
This area was designed to be a primarily pedestrian-oriented commercial area. In these types of
locations, communities tend to have more pedestrian activity and vehicle speeds are typically lower.
A-frame and T-frame signage is often considered appropriate and a part of the urban fabric of these
locations.
As shown by the mapping that has been done of the Town, most of the commercial areas throughout
the town have room between any parking lots and buildings and the front property line. This is because
of the setback requirements in the zoning ordinance. While there are some exceptions in the older
parts of town, they are limited.
In order to allow A-frame and T-frame signs in the Town Center area where it is appropriate, while still
limiting the use of the right-of-way in other areas, staff is proposing an amendment to Section 6.02,
Definitions, to define a Town Center Pedestrian Area. The proposed wording for this amendment is:
TOWN CENTER PEDESTRIAN AREA: THE TOWN CENTER PEDESTRIAN AREA IS DESIGNATED AS SHOWN
IN THE FIGURE BELOW.
This defined area will be referenced in a modification to Section 6.08 A. 1. d. to allow A-frame and
T-frame signs in the right-of-way in this area.
The Planning and Zoning Commission recommend approval of this section as presented.
Section 6.07
Through the discussion following Council approval of the new ordinance, it was noted that the total
prohibition on signs in the right-of-way would impact directional signage that has previously been
approved and used in association with large town events.
Section 6.07 of the Sign Regulations addresses a variety of general topics associated with the location
and maintenance of signs. Section 6.07 B. gives general regulations on allowed sign locations and lists
prohibited locations for signs. To address this topic, staff is proposing the following amendment to
Section 6.07 B. 2. Prohibited Locations:
a. Within, on, or projecting over the right-of-way, including within center medians, unless
specifically provided for in this Sign Ordinance, OR AS ALLOWED THROUGH TOWN APPROVAL OF
A SPECIAL EVENT PERMIT.
To avoid confusion whether signs would be allowed in side medians versus center medians, staff is also
recommending the word "center" be removed in this section so it is clear it applies to all medians.
The Planning and Zoning Commission recommend approvla of this section as presented.
Section 6.08 A. 1. d.
Section 6.08 provides all the specific regulations for each sigh type. Subsection A. 1. addresses A-frame
and T-frame signs, and d. provides the specific regulations related to location. The proposed
amendment to this section are as follows:
d. Location. Shall not be used as an off-premiseSITE sign, except when used as a residential
directional sign or as provided below:
i. On property held in common by members of a property owners association OR
ii. OOn property owned by the business owner’s landlord, BUT NOT WITHIN ANY
DESIGNATED PARKING OR LOADING AREA.
ii. AS A RESIDENTIAL DIRECTIONAL SIGN AS PROVIDED IN SECTION 6.08 D.
III. Along a public street subject to:WITHIN THE TOWN CENTER PEDESTRIAN AREA,
MAY BE LOCATED IN THE TOWN RIGHT-OF-WAY ADJACENT TO THE BUSINESS PROVIDED:
1. Shall not be located on the paved portion of any public street or sidewalk, or
in any median ;
2. Shall not be located within a designated parking or loading area;
3. Shall not be located in a manner that poses a traffic vision hazard.; AND,
4. SHALL not BE located within a public right-of-wayAT LEAST THREE (3) FEET
FROM ANY CURB OR EDGE OF PAVEMENT.
This amendment will allow these signs in the right-of-way in the defined Town Center Pedestrian Area
and as allowed in Section 6.08 D. for residential directional. This addresses most of the concerns
expressed in the focus groups.
As part of the discussion of this topic, it has been pointed out that another sign type available is a
Projecting sign, a permanent sign which projects out from and perpendicular to a building face. These
can be more visible to the traveling public when the building is close to the street. The ordinance
currently allows this sign type and requires approval of an encroachment permit should the sign
overhang a public right-of-way. A suggestion was made that the Town process and approve a blanket
encroachment permit for the Town Center Pedestrian Area that would allow an individual
property/business owner to receive approval of such a sign, subject to meeting the code requirements,
without having to individually apply for the encroachment permit.
There was concern expressed in the focus groups regarding not allowing these signs on a public
sidewalk. The Planning and Zoning Commission discussed this topic. They recognized an issue,
particularly along Avenue of the Fountains, where it will often not be possible to use these signs
because the entire area from the building to the curb is a sidewalk. The Commission's vote to
recommend approval of the text changes included an amendment to this section to allow signs on the
sidewalk. This change can be accomplished by modifying the list above to read as follows:
1. Shall not be located on the paved portion of any public street or sidewalk, or in any median ;
2. Shall not be located within a designated parking or loading area;
3. Shall not be located in a manner that poses a traffic vision hazard;
4. SHALL NOT BE LOCATED ON A PUBLIC SIDEWALK UNLESS THERE IS AT LEAST 6’ OF CLEAR
PASSAGE AROUND AT LEAST ONE SIDE AND THE SIGN OWNER PROVIDES THE TOWN AN
INDEMNIFICATION AGREEMENT WITH REGARDS TO THE SIGN; AND,
5. SHALL not BE located within a public right-of-wayAT LEAST THREE (3) FEET FROM ANY
CURB OR EDGE OF PAVEMENT.
Section 6.08 A. 12. d.
This section of the ordinance provides the standards for Post and Board signs. This sign type is allowed
in all zoning districts and, historically, has been used primarily to advertise properties "For Sale" and
"For Lease". The previous ordinance did not allow them in the right-of-way but, due the constraints on
some properties, had historically been allowed. Unlike A-frame signs that are easily moved, they can
become semi-permanent and are not moved on a daily basis. Therefore, if one is improperly located
there is time to work with a property owner to adjust a location. Further, there is some concern with
locating these signs in the right-of-way due to buried utilities.
The proposed modification to the ordinance would continue to require the signs to be place on the
private property, but allows approval of exceptions by the Town Engineer through an encroachment
permit in two situations: in commercial and industrial areas where the building placement does not
allow room for one on-site and in cases where the sign would not be visible from the street due to the
topography. The specific suggested code language is:
d. Location: Shall not be located within the public right-of-way.
I. SHALL NOT BE USED AS AN OFF-SITE SIGN, EXCEPT ON PROPERTY HELD IN
COMMON BY MEMBERS OF A PROPERTY OWNERS ASSOCIATION OR ON PROPERTY
OWNED BY THE BUSINESS OWNER’S LANDLORD, BUT NOT WITHIN ANY DESIGNATED
PARKING OR LOADING AREA.
II. SHALL NOT BE LOCATED WITHIN THE PUBLIC RIGHT-OF-WAY. HOWEVER, IN
COMMERCIAL AND INDUSTRIAL ZONING DISTRICTS WHERE BUILDINGS ARE BUILT TO THE
PROPERTY LINE OR IN ANY ZONING DISTRICT WHERE TOPOGRAPHY LIMITS VISIBILITY
BEHIND THE RIGHT-OF-WAY, AN ENCROACHMENT PERMIT MAY BE REQUESTED TO
ALLOW SIGN PLACEMENT WITHIN THE RIGHT-OF-WAY PROVIDED ALL PORTIONS OF THE
SIGN STRUCTURE AND SIGN FACE ARE AT LEAST THREE (3) FEET FROM THE CURB OR
EDGE OF PAVEMENT AND DO NOT OVERHANG A SIDEWALK.
Note that there is one additional change being provided to this section. Similar to the A-frame signs,
these signs could be placed in locations which are not at the business location, but should not be
considered to be off-site signs. An example would be an office condominium complex that needed to
advertise one of the units be available for sale or lease. The post and board sign would likely not be
placed on the individual unit location but at another location within the condominium where it would be
visible from the street. The ordinance as adopted did not specifically cover this type of placement like it
does for the A-frame signs. The first added section in the revision addresses this issue.
The Planning and Zoning Commission had some discussion regarding this section and questioned why
these types of signs could not be allowed in the right of way. Consideration was given to the fact there
are relative few of these signs, they are usually installed by companies that are from out of town and
will not be familiar with our ordinances or where a property line is, the traditional nature of these types
of signs being placed close the street for visibility, and the hazard that can come from having someone
trying to read such a small sign if placed far from the street. The Commission's vote to recommend
approval of the text changes included an amendment to this section to change the wording in II to allow
signs on the public right of way in all situations. The Commission's recommended language is:
ii. MAY BE LOCATED IN THE PUBLIC RIGHT-OF-WAY PROVIDED ALL PORTIONS OF THE SIGN
STRUCTURE AND SIGN FACE ARE AT LEAST THREE (3) FEET FROM THE CURB OR EDGE OF ANY
STREET OR DRIVEWAY PAVEMENT AND DO NOT OVERHANG A SIDEWALK.
Section 6.08 A. 17. d.
This section of the ordinance provides standards for Yard signs. This sign type is allowed in all zoning
districts and, historically, has been used primarily to advertise open houses and yard sales, but has also
been used as a contractor signs. This sign type has, historically, not been used as much as A-frames for
advertising businesses.
The second portion of this ordinance modification leaves in place the provision these signs are not
permitted in the right-of-way, except when used as a Residential Directional Sign. This then refers to
Section 6.08 D. which provides the standards for this sign type. The specific suggested code language is:
d. Location: Shall not be located within the public right-of-way.
I. ON PROPERTY HELD IN COMMON BY MEMBERS OF A PROPERTY OWNER’S
ASSOCIATION OR ON PROPERTY OWNED BY THE BUSINESS OWNERS LANDLORD, BUT
NOT WITHIN ANY DESIGNATED PARKING OR LOADING AREA.
II. SHALL NOT BE LOCATED WITHIN THE PUBLIC RIGHT-OF-WAY, EXCEPT WHEN USED
AS A RESIDENTIAL DIRECTIONAL SIGN AS PROVIDED IN SECTION 6.08 D.
Note that there is one additional change being provided to this section. Similar to the A-frame signs,
these signs could be placed in locations which are not at the business location, but should not be
considered to be off-site signs. An example would be a dwelling unit in a condominium complex that
needed to advertise one of the units be available for sale or lease. The yard sign used for an open
house would likely not be placed on the individual unit location but at another location within the
condominium where it would be visible from the street or parking area. The ordinance as adopted did
not specifically cover this type of placement like it does for the A-frame signs. The first added section in
the revision addresses this issue.
The Planning and Zoning Commission recommends approval of this modification as presented.
Section 6.08 D.
This section of the ordinance provides standards for Residential Directional signs. This sign type is
allowed in residential zoning districts and along streets leading to the activity advertised on the sign.
Most often these signs are used to advertise open houses and garage sales, but could be used for any
type of activity occurring in a residential neighborhood. Item 1 under this section provides the zoning
districts where the sign type is allowed and Item 2 provides the number (1 on the property and up to 5
providing direction). Item 3 states the signs cannot be placed in the right-of-way.
Council has had a lot of concern about this sign type given the frequent abuse of the regulations in the
past regarding placement and, given the Reed decision, that lack of ability to regulate the message on
signs. Given the typical purpose for which this sign type is used (open house and garage sales) it would
be a challenge to expect individuals to approach homeowners about placing a sign on their property and
a possible annoyance to the homeowners to be regularly approached about having signs on their
property. It is also often a challenge to know where the right-of-way line is on a specific property which
creates a problem for both the person placing a sign and for code enforcement staff.
The proposed amendment seeks to find a compromise position that allows for the placement of this
sign type in the right-of-way to serve their primary intended use while still maintaining some limitation
to meet the purpose of the ordinance. The specific suggested code language is:
3. Shall not be located within the public right-of-way ASSOCIATED WITH SHEA BOULEVARD
AT ANY TIME, BUT MAY BE LOCATED WITHIN THE PUBLIC RIGHT OF WAY OF ANY OTHER STREET
BETWEEN THE HOURS OF OFFICIAL SUNRISE AND OFFICIAL SUNSET ON FRIDAYS, SATURDAYS,
AND SUNDAYS. WHEN LOCATED IN THE RIGHT-OF-WAY, SHALL BE PLACED AT LEAST THREE (3)
FEET FROM THE CURB OR EDGE OF PAVEMENT.
With this language, on Friday, Saturday, and Sunday's Residential Directional signs could be place in the
right-of-way on any street, except Shea Boulevard, between official sunrise and official sunset each day.
Any other day of the week these signs would need to be on private property.
The Planning and Zoning Commission recommends approval of this modification as presented.
The Planning and Zoning Commission recommends approval of this modification as presented.
Related Ordinance, Policy or Guiding Principle
Zoning Ordinance Chapter 6, Sign Regulations
Risk Analysis
N/A
Recommendation(s) by Board(s) or Commission(s)
The Planning and Zoning Commission discussed possible modifications at their regular meeting on
August 9 and then considered the specific options for ordinance amendment at a public hearing held on
September 13. There were no citizens present to speak at the September 13 hearing. Following
discussion of each item, the Commission voted unanimously to recommend approve of the text
amendments with the modifications as outlined above.
A version of the ordinance as recommended by the Planning and Zoning Commission is attached.
Staff Recommendation(s)
Two ordinances are attached for Council consideration. One is the ordinance as recommended by the
Planning and Zoning Commission. The other is the ordinance as it was drafted and presented to the
Planning and Zoning Commission.
Based upon staff understanding of the competing interests involved in this section of the sign
ordinance, the staff ordinance presented to the Planning and Zoning Commission represents changes
that could be made which maintain, to a significant degree, the desires and goals of the Council while
allowing some increased flexibility in the use and location for temporary signage.
Staff can support any or all of the changes contained in either of the attached ordinance.
SUGGESTED MOTION
MOVE TO continue the Public Hearing to the November 2, 2021, Regular Council Meeting.
The Council will need to specify which (P&Z Commission recommendation or staff draft ordinance)
ordinance is being approved.
Attachments
P&Z Recommended Ordinance
Staff Draft Ordinance
Areas for Temp Signs
Map
Form Review
Inbox Reviewed By Date
Development Services Director (Originator)John Wesley 10/05/2021 09:56 AM
Town Attorney Aaron D. Arnson 10/05/2021 11:42 AM
Town Manager Grady E. Miller 10/12/2021 08:25 PM
Development Services Director (Originator)John Wesley 10/13/2021 07:51 AM
Form Started By: John Wesley Started On: 09/16/2021 07:54 AM
Final Approval Date: 10/13/2021
ORDINANCE NO. 21-13
AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, ARIZONA, AMENDING THE TOWN OF FOUNTAIN
HILLS ZONING ORDINANCE, CHAPTER 6, SIGN REGULATIONS,
SECTION 6.02, DEFINITIONS, ADDING A DEFINITION OF TOWN
CENTER PEDESTRIAN AREA, SECTION 6.07 B. 2. a, ADDING AN
EXCEPTION FOR SIGNAGE FOR TOWN APPROVED SPECIAL
EVENTS, AND SECTIONS 6.08 A. 1, 12, 17, AND 6.08 D. 3 AMENDING
REGULATIONS RELATED TO A-FRAME AND T-FRAME, POST AND
BOARD, YARD, AND RESIDENTIAL DIRECTIONAL SIGNS
RECITALS:
WHEREAS, the Mayor and Council of the Town of Fountain Hills (the “Town Council”)
adopted Ordinance No. 93-22 on November 18, 1993, which adopted the Zoning
Ordinance for the Town of Fountain Hills (the “Zoning Ordinance”); and
WHEREAS, the Town Council desires to amend Chapter 6, Sign Regulations, Section
6.02, Definitions, adding a definition of town center pedestrian area, Section 6.07 B. 2.
a., adding an exception for signage for town approved special events, and Sections
6.08 A. 1, 12, 17, and 6.08 D. 3. amending regulations related to a-frame and t-frame,
post and board, yard, and residential directional signs; and
WHEREAS, in accordance with the Zoning Ordinance and pursuant to ARIZ. REV. STAT.
§ 9-462.04, public hearings regarding this ordinance were advertised in the August 25
and September 1, 2021 editions of the Fountain Hills Times; and
WHEREAS, public hearings were held by the Fountain Hills Planning & Zoning
Commission on September 13, 2021, and by the Town Council on October 19, 2021.
ENACTMENTS:
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE
TOWN OF FOUNTAIN HILLS as follows:
SECTION 1. The recitals above are hereby incorporated as if fully set forth
herein.
SECTION 2. The Zoning Ordinance, Chapter 6, Signe Regulations, Section 6.02,
Definitions, is hereby amended to add the following definition:
TOWN CENTER PEDESTRIAN AREA: THE TOWN CENTER PEDESTRIAN AREA IS
DESIGNATED AS SHOWN IN THE FIGURE BELOW.
SECTION 3. The Zoning Ordinance, Chapter 6, Sign Regulations, Section 6.07
B. 2. a. is hereby amended as follows:
a. Within, on, or projecting over the right-of-way, including within center
medians, unless specifically provided for in this Sign Ordinance, OR AS
ALLOWED THROUGH TOWN APPROVAL OF A SPECIAL EVENT
PERMIT.
SECTION 4. The Zoning Ordinance, Chapter 6, Sign Regulations, Section 6.08
A. 1. d. is hereby amended as follows:
d. Location. Shall not be used as an off-premiseSITE sign, except when
used as a residential directional sign or as provided below:
i. On property held in common by members of a property owners
association OR
ii. OOn property owned by the business owner’s landlord, BUT NOT
WITHIN ANY DESIGNATED PARKING OR LOADING AREA.
ii. AS A RESIDENTIAL DIRECTIONAL SIGN AS PROVIDED IN
SECTION 6.08 D.
III. Along a public street subject to:WITHIN THE TOWN CENTER
PEDESTRIAN AREA, MAY BE LOCATED IN THE TOWN RIGHT-
OF-WAY ADJACENT TO THE BUSINESS PROVIDED:
1. Shall not be located on the paved portion of any public street
or sidewalk, or in any median;
2. Shall not be located within a designated parking or loading
area;
3. Shall not be located in a manner that poses a traffic vision
hazard.;
4. SHALL NOT BE LOCATED ON A PUBLIC SIDEWALK
UNLESS THERE IS AT LEAST 6’ OF CLEAR PASSAGE
AROUND AT LEAST ONE SIDE AND THE SIGN OWNER
PROVIDES THE TOWN AN INDEMNIFICATION
AGREEMENT WITH REGARDS TO THE SIGN; AND,
5. SHALL not BE located within a public right-of-wayAT
LEAST THREE (3) FEET FROM ANY CURB OR EDGE OF
PAVEMENT.
SECTION 5. The Zoning Ordinance, Chapter 6, Sign Regulations, Section 6.08
A. 12. d. is hereby amended as follows:
d. Location: Shall not be located within the public right-of-way.
I. SHALL NOT BE USED AS AN OFF-SITE SIGN, EXCEPT ON
PROPERTY HELD IN COMMON BY MEMBERS OF A
PROPERTY OWNERS ASSOCIATION OR ON PROPERTY
OWNED BY THE BUSINESS OWNER’S LANDLORD, BUT NOT
WITHIN ANY DESIGNATED PARKING OR LOADING AREA.
II. MAY BE LOCATED IN THE PUBLIC RIGHT-OF-WAY PROVIDED
ALL PORTIONS OF THE SIGN STRUCTURE AND SIGN FACE
ARE AT LEAST THREE (3) FEET FROM THE CURB OR EDGE
OF ANY STREET OR DRIVEWAY PAVEMENT AND DO NOT
OVERHANG A SIDEWALK.
SECTION 6. The Zoning Ordinance, Chapter 6, Sign Regulations, Section 6.08
A. 17. d. is hereby amended as follows:
d. Location: Shall not be located within the public right-of-way.
I. ON PROPERTY HELD IN COMMON BY MEMBERS OF A
PROPERTY OWNERS ASSOCIATION OR ON PROPERTY
OWNED BY THE BUSINESS OWNER’S LANDLORD, BUT NOT
WITHIN ANY DESIGNATED PARKING OR LOADING AREA.
II. SHALL NOT BE LOCATED WITHIN THE PUBLIC RIGHT-OF-
WAY, EXCEPT WHEN USED AS A RESIDENTIAL
DIRECTIONAL SIGN AS PROVIDED IN SECTION 6.08 D.
SECTION 7. The Zoning Ordinance, Chapter 6, Sign Regulations, Section 6.08
D. 3. is hereby amended as follows:
3. Shall not be located within the public right-of-way ASSOCIATED WITH
SHEA BOULEVARD AT ANY TIME, BUT MAY BE LOCATED WITHIN
THE PUBLIC RIGHT-OF-WAY OF ANY OTHER STREET BETWEEN
THE HOURS OF OFFICIAL SUNRISE AND OFFICIAL SUNSET ON
FRIDAYS, SATURDAYS, AND SUNDAYS. WHEN LOCATED IN THE
RIGHT-OF-WAY, SHALL BE PLACED AT LEAST THREE (3) FEET
FROM THE CURB OR EDGE OF PAVEMENT.
SECTION 8. If any section, subsection, sentence, clause, phrase, or portion of
this Ordinance is for any reason held to be unconstitutional by the decision of any court
of competent jurisdiction, such decision shall not affect the validity of the remaining
portions of this Ordinance.
SECTION 9. In accordance with Article II, Sections 1 and 2, Constitution of
Arizona, and the laws of the State of Arizona, the City/Town Council has considered the
individual property rights and personal liberties of the residents of the City/Town and the
probable impact of the proposed ordinance on the cost to construct housing for sale or
rent before adopting this ordinance
PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills,
Arizona, this 19th day of October, 2021.
FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO:
Ginny Dickey, Mayor Elizabeth A. Klein, Town Clerk
REVIEWED BY: APPROVED AS TO FORM:
Grady E. Miller, Town Manager Aaron D. Arnson, Town Attorney
ORDINANCE NO. 21-13
AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, ARIZONA, AMENDING THE TOWN OF FOUNTAIN
HILLS ZONING ORDINANCE, CHAPTER 6, SIGN REGULATIONS,
SECTION 6.02, DEFINITIONS, ADDING A DEFINITION OF TOWN
CENTER PEDESTRIAN AREA, SECTION 6.07 B. 2. a, ADDING AN
EXCEPTION FOR SIGNAGE FOR TOWN APPROVED SPECIAL
EVENTS, AND SECTIONS 6.08 A. 1, 12, 17, AND 6.0 8 D. 3 AMENDING
REGULATIONS RELATED TO A-FRAME AND T-FRAME, POST AND
BOARD, YARD, AND RESIDENTIAL DIRECTIONAL SIGNS
RECITALS:
WHEREAS, the Mayor and Council of the Town of Fountain Hills (the “Town Council”)
adopted Ordinance No. 93-22 on November 18, 1993, which adopted the Zoning
Ordinance for the Town of Fountain Hills (the “Zoning Ordinance”); and
WHEREAS, the Town Council desires to amend Chapter 6, Sign Regulations, Section
6.02, Definitions, adding a definition of town center pedestrian area, Section 6.07 B. 2. a.,
adding an exception for signage for town approved special events, and Sections 6.08 A.
1, 12, 17, and 6.08 D. 3. amending regulations related to a-frame and t-frame, post and
board, yard, and residential directional signs; and
WHEREAS, in accordance with the Zoning Ordinance and pursuant to ARIZ. REV. STAT. §
9-462.04, public hearings regarding this ordinance were advertised in the August 25 and
September 1, 2021 editions of the Fountain Hills Times; and
WHEREAS, public hearings were held by the Fountain Hills Planning & Zoning
Commission on September 13, 2021, and by the Town Council on October 19, 2021.
ENACTMENTS:
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE
TOWN OF FOUNTAIN HILLS as follows:
SECTION 1. The recitals above are hereby incorporated as if fully set forth herein.
SECTION 2. The Zoning Ordinance, Chapter 6, Signe Regulations, Section 6.02,
Definitions, is hereby amended to add the following definition:
TOWN CENTER PEDESTRIAN AREA: THE TOWN CENTER PEDESTRIAN AREA IS
DESIGNATED AS SHOWN IN THE FIGURE BELOW.
SECTION 3. The Zoning Ordinance, Chapter 6, Sign Regulations, Section 6.07 B.
2. a. is hereby amended as follows:
a. Within, on, or projecting over the right-of-way, including within center
medians, unless specifically provided for in this Sign Ordinance , OR AS
ALLOWED THROUGH TOWN APPROVAL OF A SPECIAL EVENT
PERMIT.
SECTION 4. The Zoning Ordinance, Chapter 6, Sign Regulations, Section 6.08
A. 1. d. is hereby amended as follows:
d. Location. Shall not be used as an off-premiseSITE sign, except when used
as a residential directional sign or as provided below:
i. On property held in common by members of a property owners
association OR
ii. OOn property owned by the business owner’s landlord, BUT NOT
WITHIN ANY DESIGNATED PARKING OR LOADING AREA.
ii. AS A RESIDENTIAL DIRECTIONAL SIGN AS PROVIDED IN
SECTION 6.08 D.
III. Along a public street subject to:WITHIN THE TOWN CENTER
PEDESTRIAN AREA, MAY BE LOCATED IN THE TOWN RIGHT-
OF-WAY ADJACENT TO THE BUSINESS PROVIDED:
1. Shall not be located on the paved portion of any public street
or sidewalk, or in any median;
2. Shall not be located within a designated parking or loading
area;
3. Shall not be located in a manner that poses a traffic vision
hazard.; AND,
4. SHALL not BE located within a public right-of-wayAT LEAST
THREE (3) FEET FROM ANY CURB OR EDGE OF
PAVEMENT.
SECTION 5. The Zoning Ordinance, Chapter 6, Sign Regulations, Section 6.08
A. 12. d. is hereby amended as follows:
d. Location: Shall not be located within the public right-of-way.
I. SHALL NOT BE USED AS AN OFF-SITE SIGN, EXCEPT ON
PROPERTY HELD IN COMMON BY MEMBERS OF A PROPERTY
OWNERS ASSOCIATION OR ON PROPERTY OWNED BY THE
BUSINESS OWNER’S LANDLORD, BUT NOT WITHIN ANY
DESIGNATED PARKING OR LOADING AREA.
II. SHALL NOT BE LOCATED WITHIN THE PUBLIC RIGHT-OF
WAY. HOWEVER, IN COMMERCIAL AND INDUSTRIAL ZONING
DISTRICTS WHERE BUILDINGS ARE BUILT TO THE PROPERTY
LINE OR IN ANY ZONING DISTRICT WHERE TOPOGRAPHY
LIMITS VISIBILITY BEHIND THE RIGHT-OF-WAY, AN
ENCROACHMENT PERMIT MAY BE REQUESTED TO ALLOW
SIGN PLACEMENT WITHIN THE RIGHT-OF-WAY PROVIDED
ALL PORTIONS OF THE SIGN STRUCTURE AND SIGN FACE
ARE AT LEAST THREE (3) FEET FROM THE CURB OR EDGE OF
PAVEMENT AND DO NOT OVERHANG A SIDEWALK.
SECTION 6. The Zoning Ordinance, Chapter 6, Sign Regulations, Section 6.08
A. 17. d. is hereby amended as follows:
d. Location: Shall not be located within the public right-of-way.
I. ON PROPERTY HELD IN COMMON BY MEMBERS OF A
PROPERTY OWNERS ASSOCIATION OR ON PROPERTY
OWNED BY THE BUSINESS OWNER’S LANDLORD, BUT NOT
WITHIN ANY DESIGNATED PARKING OR LOADING AREA.
II. SHALL NOT BE LOCATED WITHIN THE PUBLIC RIGHT-OF-
WAY, EXCEPT WHEN USED AS A RESIDENTIAL DIRECTIONAL
SIGN AS PROVIDED IN SECTION 6.08 D.
SECTION 7. The Zoning Ordinance, Chapter 6, Sign Regulations, Section 6.08
D. 3. is hereby amended as follows:
3. Shall not be located within the public right-of-way ASSOCIATED WITH
SHEA BOULEVARD AT ANY TIME, BUT MAY BE LOCATED WITHIN
THE PUBLIC RIGHT-OF-WAY OF ANY OTHER STREET BETWEEN
THE HOURS OF OFFICIAL SUNRISE AND OFFICIAL SUNSET ON
FRIDAYS, SATURDAYS, AND SUNDAYS. WHEN LOCATED IN THE
RIGHT-OF-WAY, SHALL BE PLACED AT LEAST THREE (3) FEET
FROM THE CURB OR EDGE OF PAVEMENT.
SECTION 8. If any section, subsection, sentence, clause, phrase, or portion of this
Ordinance is for any reason held to be unconstitutional by the decision of any court of
competent jurisdiction, such decision shall not affect the validity of the remaining portions
of this Ordinance.
SECTION 9. In accordance with Article II, Sections 1 and 2, Constitution of
Arizona, and the laws of the State of Arizona, the City/Town Council has considered the
individual property rights and personal liberties of the residents of the City/Town and the
probable impact of the proposed ordinance on the cost to construct housing for sale or
rent before adopting this ordinance
PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills,
Arizona, this 19th day of October, 2021.
FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO:
Ginny Dickey, Mayor Elizabeth A. Klein, Town Clerk
REVIEWED BY: APPROVED AS TO FORM:
Grady E. Miller, Town Manager Aaron D. Arnson, Town Attorney
Southwest corner of Palisades and La Montana
Right of Way line
Area where A-frame, Post and Board,
and Yard signs are permitted
Right of Way Line
Distance between Right of Way
and parking area approximately
4’.Area where A-frame, Post and Board,
and Yard signs are permitted
Right of Way Line
Area where A-frame, Post and Board,
and Yard signs are permitted
Right of Way Line
Very little room for temporary sign.
Could consider permanent projecting sign or
additional wall signage.
Right of Way Line
Very little room for temporary sign.
Could consider permanent projecting sign.
Area where A-frame, Post and Board,
and Yard signs are permitted
Area where A-frame, Post and Board,
and Yard signs are permitted
Area where A-frame, Post and Board,
and Yard signs are permitted
Area where A-frame, Post and Board,
and Yard signs are permitted
Area where A-frame, Post and Board,
and Yard signs are permitted
Southeast corner of Glenbrook and Fountain Hills Blvd
Area where A-frame, Post and
Board, and Yard signs are
permitted
Approximately 4’
Northeast corner of El Pueblo and Fountain Hills Blvd.
Area where A-frame, Post and Board,
and Yard signs are permitted
Saguaro Blvd. from Bond to Rand
Area where Post and Board and Yard
signs are permitted
A-frames only for Residential Directional
Sign
Area where A-frame, Post and Board,
and Yard signs are permitted
Approximately 8’ between
parking and right of way
TOWN CENTER PEDESTRIAN AREA
A
ll that is A r i z o n aFOU N T A IN HI
L
LSTOWN OFINC. 1989VERDE RIVER DRPARKVIEW AVE
LA MONTANA DRSAGUARO BLVDPALISADES BLVD
AVENUE OF THE FOUNTAINS
Pedestrian Area
ITEM 8. F.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 10/19/2021 Meeting Type: Town Council Regular Meeting
Agenda Type: Regular Agenda Submitting Department: Administration
Prepared by: Elizabeth A. Klein, Town Clerk
Staff Contact Information: Aaron D. Arnson, Town Attorney
Request to Town Council Regular Meeting (Agenda Language): CONSIDERATION AND
POSSIBLE ACTION: Approving One Arizona Distribution of Opioid Settlement Funds Agreement.
Staff Summary (Background)
In recent years, the State of Arizona joined with other states in lawsuits against several pharmaceutical
companies for their role in the opioid crisis that has devastated communities and families. In late 2020,
the parties’ attorneys negotiated a Memorandum of Understanding (MOU), under which Arizona
municipalities agreed to the possibility of signing onto a future settlement agreement that would allow
them to receive a share of whatever settlement would eventually be reached. Following advice and
discussion, the Town Council directed the Town Attorney to execute the MOU for the Town, with the
understanding that settlement agreements would be formalized in the future.
Those lawsuits are approaching final resolution. The first is a global settlement with three opioid
distributors – McKesson, AmerisourceBergen, and Cardinal. The second is with manufacturer Johnson &
Johnson. If these settlements are finalized, Arizona will receive up to $549 million from the settlements,
with the monies to be used for opioid treatment, prevention, and education. Because the Town
previously entered into the MOU, the Town is eligible to participate in these settlements.
The next step in this process is for the Council to approve the One Arizona Distribution of Opioid
Settlement Funds Agreement. The terms of the Agreement are substantively similar to the MOU, in that
the Agreement provides for a 44/56 split between the State and Local Governments, respectively. It
updates the previous MOU in several technical respects, as set forth in the summary documents
attached to this staff report. The Town must approve and execute the Agreement no later than
November 10, 2021. Following approval, the Town will execute two final agreements to settle the
lawsuits, which will allow the Town to begin receiving payments from the settlements. Those
settlement agreements must be executed on or before January 2, 2022.
Related Ordinance, Policy or Guiding Principle
N/A
Risk Analysis
Not approving the One Arizona Distribution of Opioid Settlement Funds Agreement will result in the
Town not receiving proceeds from these settlements.
Recommendation(s) by Board(s) or Commission(s)
N/A
Staff Recommendation(s)
Staff recommends approving the One Arizona Distribution of Opioid Settlement Funds Agreement.
SUGGESTED MOTION
MOVE to approve and authorize the Mayor and/or Town Manager to execute the One Arizona
Distribution of Opioid Settlement Funds Agreement, and to take all necessary steps to finalize the opioid
settlements, including but not limited to executing any future settlement or other agreements.
Attachments
FACS
AA - Letter
Agreement
MOU
Form Review
Inbox Reviewed By Date
Finance Director David Pock 10/07/2021 10:12 AM
Town Attorney Aaron D. Arnson 10/07/2021 10:59 AM
Town Manager Grady E. Miller 10/12/2021 07:55 PM
Form Started By: Elizabeth A. Klein Started On: 10/07/2021 09:53 AM
Final Approval Date: 10/12/2021
1. What are you announcing today?
States and subdivisions have reached final agreements with Johnson &
Johnson, a manufacturer of prescription opioids, and the three major
pharmaceutical distributors — Amerisource Bergen, Cardinal Health, and
McKesson. These agreements resolve legal claims against those companies in
return for their payment of $26 billion and commitment to make major
changes in how they do business to improve safety and oversight over the
distribution of prescription opioid. Negotiations with the companies were led
by a bipartisan 14-state executive committee, working closely with leading
national counsel representing subdivisions.
2. Why is this important?
This settlement provides critical resources to help address the opioid crisis
and requires industry changes that will help prevent anything like this from
ever happening again. Since late 2019, the opioid addiction crisis in the US
has resurged with a vengeance. During 2020, 93,000 people in the US died
from opioid overdoses — the most ever, and more people than have ever died
in a single year in the US from either car crashes or gun violence. These
agreements make more than $23.9 billion available to fund efforts to stem
the crisis. They also require major changes to how prescription opioids are
distributed and sold, with far more oversight and accountability throughout
that process, to help control diversion of prescription opioids.
3. What are the highlights of the settlement?
$26 billion in total payments will be available, including more than $23.9
billion for opioid crisis remediation. The funding will be distributed among
states according to an agreed upon formulation by the states that takes into
account the extent of the harm within and the population of the state. The
funding will be distributed within states according to state-local agreements,
or through a default process set forth in the settlement agreements. States
and local governments must use this funding to support a wide variety of
methods to fight the opioid crisis.
States and local subdivisions can secure maximum payments by ensuring
that current and future claims in their state are resolved. Resolution can
occur through voluntary opt-ins, legislation, court rulings, or any combination
of these methods. States that are unable to achieve complete resolution can
still receive most of their maximum payment by meeting certain participation
thresholds.
There will also be court-ordered injunctive relief requiring the three
distributors, with oversight from an independent monitor, to help prevent
deliveries of opioids to pharmacies where diversion and misuse are occurring.
The distributors will be required to establish and fund a centralized,
independent clearinghouse using detailed data analytics to keep close track
of opioid distribution throughout the country. Johnson & Johnson will be
required to stop selling or promoting opioids.
4. How will settlement funds be used, and who decides?
Funds must be used on a wide variety of opioid crisis abatement activities,
examples of which are listed in the agreements. How settlement funds will be
used will be determined in each state by the state and its subdivisions. States
and their subdivisions can enter into an agreement among themselves that
will govern how funds will be distributed within the state, or they can use the
default arrangement that’s spelled out in the master agreements.
5. When will settlement payments begin?
The first payment will be made as the settlement becomes legally effective.
The first payments are expected to be received by participating states and
subdivisions in April 2022.
6. Who are the parties to the settlement?
There are two agreements. One is among the states, political subdivisions,
and the three major pharmaceutical distributors (AmerisourceBergen,
Cardinal Health, and McKesson). The other is among the states, political
subdivisions and Johnson & Johnson.
7. How can advocates, experts, service providers, concerned
individuals, and others influence the way settlement funds are
used?
By engaging with local and state officials to share ideas about the best way
for abatement funds to be used.
8. Who negotiated the settlement?
The states were represented in negotiations by an executive committee of 14
states, working in close coordination and communication with the remaining
states and territories. Subdivisions have been represented primarily by
private lawyers representing subdivisions around the country.
9. How does this settlement relate to the Multi-District Litigation
(MDL) in federal court in Cleveland, Ohio?
These agreements resolve cases by local governments in the MDL against
these four companies.
10. How does this settlement relate to the Purdue Pharma
bankruptcy proceedings?
These agreements do not involve Purdue Pharma. Resolution of the claims
against Purdue and the Sackler family are at issue in the separate, pending
bankruptcy proceedings.
11. How does this settlement relate to the McKinsey settlement
that was announced in February 2021?
State claims against McKinsey are already resolved. These agreements to do
not include McKinsey. McKinsey was the consulting firm that worked with
Purdue, which is currently in bankruptcy.
12. Does this settlement resolve all of the litigation against opioid
makers, opioid distributors, pharmacy chains, and other
defendants?
This settlement resolves litigation against these four companies based on
opioid-related misconduct. It does not release other companies. Investigation
and litigation will continue against other companies.
13. How can I get more information about the settlement?
Please click here to read the 2-page summary of the deal or here for the full
deal.
MARK BRNOVICH
Attorney General
Office of the Attorney General
State of Arizona
CIVIL LITIGATION DIVISION
2005 N Central Ave, Phoenix, Arizona 85004 – Phone 602.542.3725 – Fax 602.542.4377
R
September 20, 2021
A. Arnson - Attorney for Fountain Hills
Town of Fountain Hills
4711 E. Falcon Dr Ste 111
Mesa, AZ 85215
aaron@piercecoleman.com
Via U.S. Mail and Email
Re: National Opioid Settlements
Dear County, City & Town Leaders:
Late last year, I wrote requesting your participation in the One Arizona Opioid Settlement
Memorandum of Understanding (the “One Arizona Plan” or “MOU”), an innovative plan and
national model that created a common-sense structure for distributing opioid settlement funds
fairly and effectively throughout Arizona’s communities. Recognizing the importance of ensuring
that monies from opioids settlements be maximized and distributed expeditiously to ameliorate the
opioid epidemic, every county and 90 of 91 cities and towns signed on to the One Arizona Plan.
After much hard work and years of negotiations, significant opioids actions have reached proposed
final settlements. The first is a global settlement with three opioid distributors—McKesson,
AmerisourceBergen, and Cardinal (“the Distributors Settlement”). The second is with opioid
manufacturer Johnson & Johnson (“the J&J Settlement”). If these settlements are finalized,
Arizona will receive up to $549 million from the settlements, with the monies to be used for opioid
treatment, prevention, and education. Arizona counties, cities and towns can participate in these
settlements, regardless of whether they filed a lawsuit.
I, on behalf of the State, have formally indicated the State’s conditional approval for the proposed
Distributors & J&J Settlements. The next phase for both settlements consists of subdivision sign-
on, which must be concluded before January 2, 2022. You should be receiving notice directly
from the national settlement administrators for both settlements in the near future. The total
amount of money that Arizonans receive is dependent upon the number of local governments
that participate. Accordingly, it is imperative that your political subdivision respond to that
notice and join our efforts. If enough subdivisions participate in Arizona and across the nation
(called “critical mass”), then both settlements will be finalized.
National Opioid Settlements
September 20, 2021
Page 2 of 3
2005 N Central Ave, Phoenix, Arizona 85004 – Phone 602.542.3725 – Fax 602.542.4377
With these proposed settlements pending, it is now time to update and finalize the One Arizona
Plan into a binding distribution agreement. This will ensure Arizona’s ability to participate in the
national settlements and facilitate funding to the State and local governments as quickly as
possible. The enclosed One Arizona Distribution of Opioid Settlement Funds Agreement (“the
One Arizona Opioid Agreement”) accomplishes this goal. All of the material principles of the
MOU remain the same:
A 44/56 split between the State and Local Governments, respectively;
Requirements that (1) the money be used to combat the opioid epidemic, in accord with
the approved purposes in Exhibit A to the One Arizona Opioid Agreement and that (2)
basic reciprocal reports be made;
Allocations developed in the national opioids litigation that are based on data regarding
opioid use disorder rates, opioid deaths and the amount and potency of opioids shipped to
your community, as well as historical spending by each city and town on opioid abatement.
(The allocations made in the One Arizona Plan remain the same in the One Arizona
Distribution Agreement.)
Local governments empowered to use settlement resources for their constituents without
state authorization of local government spending.
Updates to the One Arizona Plan:
Allowing the national settlement administrator for each settlement to send the funds to the
State and subdivisions directly, which would avoid the expense of hiring a separate trustee.
If the federal government claims some of the settlement funds under federal law, the
claimed funds will come from the total settlement funds before any allocation to the State
and the subdivisions.
A parity provision wherein any State uncovered outside counsel fees in the Purdue
bankruptcy matter will be covered from the gross proceeds of any funds flowing to the
state.
Clarifying that any Arizona governmental entity will not receive money from a settlement
unless they sign on to that settlement.
Pursuant to a request from outside counsel for the subdivisions, changes clarifying the
mechanisms for any subdivision outside counsel to receive their fees.
Together, we can maximize critically needed resources to assist Arizonans impacted by the
opioid crisis. That is why, as we have discussed before, 100% participation among counties,
cities and towns is essential. Review the One Arizona Opioid Agreement with your legal counsel,
and execute the Agreement in the space provided.
Once competed, please return your One Arizona Opioid Agreement signature page to my office,
to the attention of SherryAnn.Patrick@azag.gov or mail it to her at the address listed below, by
November 10, 2021. If you have any substantive questions, please contact Section Chief Leslie
Kyman Cooper at Leslie.Cooper@azag.gov, or Unit Chief Matthew du Mée at
Matthew.duMee@azag.gov.
National Opioid Settlements
September 20, 2021
Page 3 of 3
2005 N Central Ave, Phoenix, Arizona 85004 – Phone 602.542.3725 – Fax 602.542.4377
Please note that signing the One Arizona Opioid Agreement does not mean your political
subdivision has signed the two pending settlement agreements with the Distributors and
J&J. You will need to sign both agreements separately as instructed by the notice you will receive
from the national settlement administrator.
The deadline to submit your One Arizona Opioid Agreement signature page to my office is
November 10, 2021. The deadline to submit your signature pages for the Distributors Settlement
and J&J Settlement is January 2, 2022.
Sincerely,
Mark Brnovich
Attorney General
Enclosures:
One Arizona Distribution of Opioid Settlement Funds Agreement
cc: Joseph Sciarrotta, AGO Civil Litigation Division Chief Counsel
Leslie Kyman Cooper, AGO Consumer Protection & Advocacy Section Chief Counsel
Matthew du Mée, AGO Consumer Litigation Unit Chief Counsel
Tom Belshe, Executive Director – League of Arizona Cities and Towns
ONE ARIZONA DISTRIBUTION OF OPIOID SETTLEMENT FUNDS
AGREEMENT
General Principles
The people of the State of Arizona and Arizona communities have been harmed by the
opioid epidemic, which was caused by entities within the Pharmaceutical Supply Chain.
The State of Arizona, ex rel. Mark Brnovich, Attorney General (the “State”), and certain
Participating Local Governments are separately engaged in litigation seeking to hold the
Pharmaceutical Supply Chain Participants accountable for the damage they caused.
The State and the Participating Local Governments share a common desire to abate and
alleviate the impacts of the Pharmaceutical Supply Chain Participants’ misconduct
throughout the State of Arizona.
The State and the Participating Local Governments previously entered into the One
Arizona Opioid Settlement Memorandum of Understanding for the purpose of jointly
approaching Settlement negotiations with the Pharmaceutical Supply Chain Participants.
The State and the Participating Local Governments now enter into this One Arizona
Distribution of Opioid Settlement Funds Agreement (“Agreement”) to establish binding
terms for the distribution and spending of funds from Settlements with the Pharmaceutical
Supply Chain Participants.
A. Definitions
As used in this Agreement:
1. “Approved Purpose(s)” shall mean those uses identified in the agreed Opioid Abatement
Strategies attached as Exhibit A.
2. “Contingency Fee Fund” shall mean a sub fund established in a Settlement for the purpose
of paying contingency fees, such as the Attorney Fee Fund described in Section I.V of the
Settlement with the Settling Distributors and the sub fund of the Attorney Fee Fund
described in Section II.D of the Settlement with J&J.1
3. “J&J” shall mean Johnson & Johnson, Janssen Pharmaceuticals, Inc., OrthoMcNeil-
Janssen Pharmaceuticals, Inc., and Janssen Pharmaceutica, Inc.
4. “Litigation” means existing or potential legal claims against Pharmaceutical Supply Chain
Participants seeking to hold them accountable for the damage caused by their misfeasance,
nonfeasance, and malfeasance relating to the unlawful manufacture, marketing, promotion,
distribution, or dispensing of prescription opioids.
1 Text of both settlements available at https://nationalopioidsettlement.com.
2
5. “Opioid Funds” shall mean monetary amounts obtained through a Settlement as defined in
this Agreement.
6. “Participating Local Government(s)” shall mean all counties, cities, and towns within the
geographic boundaries of the State that have chosen to sign on to this Agreement and each
applicable Settlement. The Participating Local Governments may be referred to separately
in this Agreement as “Participating Counties” and “Participating Cities and Towns” (or
“Participating Cities or Towns,” as appropriate).
7. “Parties” shall mean the State and the Participating Local Governments.
8. “Pharmaceutical Supply Chain” shall mean the process and channels through which licit
opioids are manufactured, marketed, promoted, distributed, or dispensed.
9. “Pharmaceutical Supply Chain Participant” shall mean any entity that engages in or has
engaged in the manufacture, marketing, promotion, distribution, or dispensing of licit
opioids.
10. “Settlement” shall mean the negotiated resolution of legal or equitable claims against a
Pharmaceutical Supply Chain Participant when that resolution has been jointly entered into
by the State and the Participating Local Government and approved as final by a court of
competent jurisdiction.
11. “Settling Distributors” shall mean McKesson Corporation, Cardinal Health, Inc., and
AmerisourceBergen Corporation.
12. “Trustee” shall mean either (1) an independent trustee who shall be responsible for the
ministerial task of releasing the Opioid Funds that are in trust as authorized herein and
accounting for all payments into or out of the trust, or (2) a settlement fund administrator,
in the event that the Settlement includes a fund administrator. In either case, the Trustee
will distribute funds in accordance with this Agreement.
B. Intrastate Regions
1. The State of Arizona will be divided into regions, each of which will be referred to as a
“Region” and will consist of: (1) a single Participating County and all of its Participating
Cities and Towns; or (2) all of the Participating Cities and Towns within a non-
Participating County. If there is only one Participating City or Town within a non-
Participating County, that single Participating City or Town will still constitute a Region.
Two or more Regions may at their discretion form a group (“Multicounty Region”).
Regions that do not choose to form a Multicounty Region will be their own Region.
Participating Cities and Towns within a non-Participating County may not form a Region
with Participating Cities and Towns in another county.
2. The LG Share funds described in Section C(1) will be distributed to each Region according
to the percentages set forth in Exhibit B. The Regional allocation model uses three equally
weighted factors: (1) the amount of opioids shipped to the Region; (2) the number of opioid
deaths that occurred in that Region; and (3) the number of people who suffer opioid use
disorder in that Region. In the event any county does not participate in this Agreement, that
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county’s percentage share shall be reallocated proportionally amongst the Participating
Counties by applying this same methodology to only the Participating Counties.
3. In single-county Regions, that county’s health department will serve as the lead agency
responsible for distributing the LG Share funds. That health department, acting as the lead
agency, shall consult with the cities and towns in the county regarding distribution of the
LG Share funds.
4. For each Multicounty Region, an advisory council shall be formed from the Participating
Local Governments in the Multicounty Region to distribute the collective LG Share funds.
Each advisory council shall include at least three Participating Local Government
representatives, not all of whom may reside in the same county. Each advisory council
shall consult with the Participating Local Governments in the Multicounty Region
regarding distribution of the collective LG Share funds.
5. For each Region consisting of the Participating Cities and Towns within a non-
Participating County, an advisory council shall be formed from the Participating Cities and
Towns in the Region to distribute the LG Share funds. Each advisory council shall include
at least three representatives from the Participating Cities and Towns in the Region, or a
representative from each Participating City and Town if the Region consists of fewer than
three Participating Cities and Towns. In no event may more than one individual represent
the same city or town. To the extent any Participating Cities or Towns in the Region are
not represented on the advisory council, the advisory council shall consult with the non-
represented Participating Cities and Towns regarding distribution of the collective LG
Share funds.
C. Allocation of Settlement Proceeds
1. All Opioid Funds shall be divided with 44% to the State (“State Share”) and 56% to the
Participating Local Governments (“LG Share”).2
2. All Opioid Funds, except those allocated to payment of counsel and litigation expenses as
set forth in Section E, shall be utilized in a manner consistent with the Approved Purposes
definition. Compliance with this requirement shall be verified through reporting, as set out
in Section F.
3. Each LG Share will be distributed to each Region or Multicounty Region as set forth in
Section B(2). Participating Counties and their constituent Participating Cities and Towns
may distribute the funds allocated to the Region or Multicounty Region amongst
themselves in any manner they choose. If a county and its cities and towns cannot agree on
how to allocate the funds, the default allocation in Exhibit C will apply. The default
allocation formula uses historical federal data showing how each county and the cities and
towns within it have made opioids-related expenditures in the past. If a county or any cities
or towns within a Region or Multicounty Region do not sign on to this Agreement and each
2 This Agreement assumes that any opioid settlement for Native American Tribes and Third-Party
Payors, including municipal insurance pools, will be dealt with separately.
4
Settlement, and if the Participating Local Governments in the Region or Multicounty
Region cannot agree on how to allocate the funds from that Settlement amongst
themselves, the funds shall be reallocated proportionally by applying this same
methodology to only the Participating Local Governments in the Region or Multicounty
Region.
4. If the LG Share for a given Participating Local Government is less than $500, then that
amount will instead be distributed to the Region or Multicounty Region in which the
Participating Local Government is located to allow practical application of the abatement
remedy. If the county did not sign on to the Settlement as defined herein, the funds will be
reallocated to the State Share.
5. The State Share shall be paid by check or wire transfer directly to the State through the
Trustee, who shall hold the funds in trust, or as otherwise required by a Settlement for the
benefit of the State, to be timely distributed as set forth in C(1) herein. The LG Share shall
be paid by check or wire transfer directly to the Regions or Multicounty Regions through
the Trustee, who shall hold the funds in trust, or as otherwise required by a Settlement for
the benefit of the Participating Local Governments, to be timely distributed as set forth in
B(2), C(1), C(3), and C(4) herein.
6. The State Share shall be used only for (1) Approved Purposes within the State or (2) grants
to organizations for Approved Purposes within the State.
7. The LG Share shall be used only for (1) Approved Purposes by Participating Local
Governments within a Region or Multicounty Region or (2) grants to organizations for
Approved Purposes within a Region or Multicounty Region.
8. The State will endeavor to prioritize up to 30% of the State Share for opioid education and
advertising related to awareness, addiction, or treatment; Department of Corrections and
related prison and jail opioid uses; and opioid interdiction and abatement on Arizona’s
southern border, including grants to assist with the building, remodeling and/or operation
of centers for treatment, drug testing, medication-assisted treatment services, probation,
job training, and/or counseling services, among other programs.
9. If the federal Center for Medicare and Medicaid Services (“CMS”) disallows any federal
funding for the State’s Medicaid programs pursuant to 42 U.S.C. § 1396b as a consequence
of sums received pursuant to resolution of any Litigation with Pharmaceutical Supply
Chain Participants, or otherwise seeks to recover sums it regards as the federal share of any
Settlement, the amount recovered by CMS shall first be paid from the total amount of
Opioid Funds available to the Parties under that Settlement and the distribution to the State
and Participating Local Governments shall thereafter be made from the remaining funds.
10. The Parties acknowledge and agree that any Settlement may require Participating Local
Governments to release all their claims against the settling Pharmaceutical Supply Chain
Participants to receive Opioid Funds. The Parties further acknowledge and agree based on
the terms of any such national Settlement, a Participating Local Government will not
receive funds through this Agreement until it has complied with all requirements set forth
5
in that national Settlement to release its claims. This Agreement is not a promise by any
Party that any Settlement (including any Settlement resolved through bankruptcy) will be
finalized or executed.
D. Participation of Cities and Towns
1. By signing on to the Agreement and any Settlement, a Participating County will receive
60% of its available LG Share for that Settlement when distribution under that Settlement
occurs. Any such Participating County will receive up to an additional 40% of its available
LG Share for that Settlement by securing the participation of its constituent cities and towns
as signatories to this Agreement and that Settlement when distribution under that
Settlement occurs. The sliding scale attached as Exhibit D will determine the share of funds
available to the Participating County.3
2. If a Participating County does not achieve 100% participation of its cities and towns within
the period of time required in a Settlement document for subdivision participation, the
remaining portions of the LG Share that were otherwise available to the Participating
County will be reallocated to (i) the State Share and (ii) the LG Share for the Participating
Counties which have achieved 100% participation of their cities and towns in accordance
with the percentages described in Sections B(2), C(1), and C(3), and set forth in Exhibits
B and C.
E. Payment of Counsel and Litigation Expenses
1. The Parties anticipate that any Settlement will provide for the payment of all or a portion
of the fees and litigation expenses of certain state and local governments.
2. If the court in In Re: National Prescription Opiate Litigation, MDL No. 2804 (N.D. Ohio)
or if a Settlement establishes a common benefit fund or similar device to compensate
attorneys for services rendered and expenses incurred that have benefited plaintiffs
generally in the litigation (the “Common Benefit Fund”), and requires certain
governmental plaintiffs to pay a share of their recoveries from defendants into the Common
Benefit Fund as a “tax,” then the Participating Local Governments shall first seek to have
the settling defendants pay the “tax.” If the settling defendants do not agree to pay the
“tax,” then the “tax” shall be paid from the LG Share prior to allocation and distribution of
funds to the Participating Local Governments.4
3 Population allocation of cities and towns within counties will be derived from the population
data included in any national Settlement. If such data is not included in the respective national
Settlement, then population allocation will be determined from those cities and towns listed in
Exhibit C. The data in Exhibit C is derived from the U.S. Census Estimate (July 1, 2019).
4 This paragraph shall not apply to the Settlement with the Settling Distributors or the Settlement
with J&J.
6
3. Any governmental entity that seeks attorneys’ fees and expenses from the Litigation shall
seek those fees and expenses first from the national Settlement.5 In addition, the Parties
agree that the Participating Local Governments will create a supplemental attorney’s fees
and costs fund (the “Backstop Fund”).
4. In the event that any Settlement imposes additional limitations or obligations on the
payment of counsel and litigation expenses, those limitations and obligations take
precedence over this Agreement.
5. The Backstop Fund is to be used to compensate counsel for Participating Local
Governments that filed opioid lawsuits by September 1, 2020 (“Litigating Participating
Local Governments”). Payments out of the Backstop Fund shall be determined by a
committee consisting of one representative from each of the Litigating Participating Local
Governments (the “Opioid Fee and Expense Committee”).
6. The amount of the Backstop Fund shall be determined as follows: From any national
Settlement, the funds in the Backstop Fund shall equal 14.25% of the LG Share for that
Settlement. No portion of the State Share shall be used for the Backstop Fund or in any
other way to fund any Participating Local Government’s attorney’s fees and costs. If
required to do so by any Settlement, Participating Local Governments must report to the
national Settlement Fund Administrator regarding contributions to, or payments from, the
Backstop Fund.
7. The maximum percentage of any contingency fee agreement permitted for compensation
shall be 25% of the portion of the LG Share attributable to the Litigating Participating
Local Government that is a party to the contingency fee agreement, plus expenses
attributable to that Litigating Participating Local Government, unless a Settlement or other
court order imposes a lower limitation on contingency fees. Under no circumstances may
counsel collect more for its work on behalf of a Litigating Participating Local Government
than it would under its contingency agreement with that Litigating Participating Local
Government.
8. Payments to counsel for Participating Local Governments shall be made from the Backstop
Fund in the same percentages and over the same period of time as the national Contingency
Fee Fund for each settlement. The Attorneys’ Fees and Costs schedule for the Settling
Distributors is listed in Exhibit R §(II)(S)(1) of the Settlement with the Settling
5 The State retained outside counsel in the Purdue litigation and if it is unable to secure payment
of attorneys’ fees and expenses from the bankruptcy proceedings in an amount sufficient to
compensate outside counsel consistent with the terms of the State’s contract with that outside
counsel, any remaining attorneys’ fees and expenses related to the representation of the State will
first be paid directly from the total amount of Opioid Funds available to the Parties under that
Settlement, up to the agreed amount in the outside counsel contract, and the distribution to the
State and Participating Local Governments shall thereafter be made from the remaining funds.
7
Distributors.6 The Attorneys’ Fees and Costs schedule for J&J is listed in Exhibit R
§(II)(A)(1) of the Settlement with J&J.7 For future Settlements with other defendants in the
Pharmaceutical Supply Chain, any necessary payments to counsel for Participating Local
Governments shall be made from the Backstop Fund in the same percentages and over the
same periods of time as the fee funds for those Settlements, if applicable, subject to the
limitations set forth in this Agreement set form in paragraph E(7) above.
9. Any funds remaining in the Backstop Fund in excess of the amounts needed to cover
private counsel’s representation agreements shall revert to the Participating Local
Governments according to the percentages set forth in Exhibits B and C, to be used for
Approved Purposes as set forth herein and in Exhibit A.
F. Compliance Reporting and Accountability
1. If the State and Participating Local Governments use a Trustee for purposes of distributing
funds pursuant to any Settlement, the Trustee shall be requested to provide timely an up-
to-date accounting of payments into or out of any trust established to hold such funds and/or
its subaccounts upon written request of the State or a Participating Local Government.
2. The State, Regions, and Participating Local Governments may object to an allocation or
expenditure of Opioid Funds solely on the basis that the allocation or expenditure at issue
(1) is inconsistent with provision C(1) hereof with respect to the amount of the State Share
or LG Share; (2) is inconsistent with an agreed-upon allocation, or the default allocations
in Exhibits B and C, as contemplated by Section C(3); or (3) violates the limitations set
forth in F(3) with respect to compensation of the Trustee. The objector shall have the right
to bring that objection within two years of the date of its discovery to a superior court in
Maricopa County, Arizona.
3. In the event that the State and Participating Local Governments use a Trustee,
compensation for Trustee’s expenses of fund administration may be paid out of the Opioid
Funds for reasonable expenses; provided that, reasonable expenses do not exceed the
administrative expenses allowed under the terms of the relevant Settlement.
4. The Parties shall maintain, for a period of at least five years, records of abatement
expenditures and documents underlying those expenditures, so that it can be verified that
funds are being or have been utilized in a manner consistent with the Approved Purposes
definition. This requirement supersedes any shorter period of time specified in any
applicable document retention or destruction policy.
5. At least annually, by July 31 of each year, each Region or Multicounty Region shall provide
to the State a report detailing for the preceding fiscal year (1) the amount of the LG Share
received by each Participating Local Government within the Region or Multicounty
Region, (2) the allocation of any awards approved (listing the recipient, the amount
awarded, the program to be funded, and disbursement terms), and (3) the amounts
6 Text of settlement available at https://nationalopioidsettlement.com.
7 Text of settlement available at https://nationalopioidsettlement.com.
8
disbursed on approved allocations. In order to facilitate this reporting, each Participating
Local Government within a Region or Multicounty Region shall provide information
necessary to meet these reporting obligations to a delegate(s) selected by the Region or
Multicounty Region to provide its annual report to the State. Any Participating Local
Government shall also comply with any reporting requirements imposed by any
Settlement.
6. No later than September 30 of each year, the State shall publish on its website a report
detailing for the preceding fiscal year (1) the amount of the State Share received, (2) the
allocation of any awards approved (listing the recipient, the amount awarded, the program
to be funded, and disbursement terms), and (3) the amounts disbursed on approved
allocations. In addition, the State shall publish on its website the reports described in F(5)
above. The State shall also comply with any reporting requirements imposed by any
Settlement.
7. If it appears to the State, a Region, or a Multicounty Region that the State or another
Region or Multicounty Region is using or has used Settlement funds for non-Approved
Purposes, the State, Region, or Multicounty Region may on written request seek and
obtain the documentation underlying the report(s) described in F(5) or F(6), as applicable,
including documentation described in F(4). The State, Region, or Multicounty Region
receiving such request shall have 14 days to provide the requested information. The
requesting party and the State, Region, or Multicounty Region receiving such request
may extend the time period for compliance with the request only upon mutual agreement.
8. Following a request made pursuant to F(7) and when it appears that LG Share funds are
being or have been spent on non-Approved Purposes, the State may seek and obtain in an
action in a court of competent jurisdiction in Maricopa County, Arizona an injunction
prohibiting the Region or Multicounty Region from spending LG Share funds on non-
Approved Purposes and requiring the Region or Multicounty Region to return the monies
that it spent on non-Approved Purposes after notice as is required by the rules of civil
procedure. So long as the action is pending, distribution of LG Share funds to the Region
or Multicounty Region temporarily will be suspended. Once the action is resolved, the
suspended payments will resume, less any amounts that were ordered returned but have
not been returned by the time the action is resolved.
9. Following a request made pursuant to F(7) and when it appears to at least eight
Participating Counties that have signed on to this Agreement and a subsequent Settlement
that the State Share funds are being or have been spent on non-Approved Purposes, the
Participating Counties may seek and obtain in an action in a superior court of Maricopa
County, Arizona an injunction prohibiting the State from spending State Share funds on
non-Approved Purposes and requiring the State to return the monies it spent on non-
Approved Purposes after notice as is required by the rules of civil procedure. So long as
the action is pending, distribution of State Share funds to the State temporarily will be
suspended. Once the action is resolved, the suspended payments will resume, less any
monies that were ordered returned but have not been returned by the time the action is
resolved.
9
10. In an action brought pursuant to F(8) or F(9), attorney’s fees and costs shall not be
recoverable.
G. Settlement Negotiations
1. The State and the Participating Local Governments agree to inform each other in advance
of any negotiations relating to an Arizona-only settlement with a Pharmaceutical Supply
Chain Participant that includes both the State and the Participating Local Governments and
shall provide each other the opportunity to participate in all such negotiations.
2. The State and the Participating Local Governments further agree to keep each other
reasonably informed of all other global settlement negotiations with Pharmaceutical
Supply Chain Participants. Neither this provision, nor any other, shall be construed to state
or imply that either the State or the Participating Local Governments (collectively, the
“Arizona Parties”) are unauthorized to engage in settlement negotiations with
Pharmaceutical Supply Chain Participants without prior consent or contemporaneous
participation of the other, or that either party is entitled to participate as an active or direct
participant in settlement negotiations with the other. Rather, while the State’s and the
Participating Local Government’s efforts to achieve worthwhile settlements are to be
collaborative, incremental stages need not be so.
3. The State or any Participating Local Government may withdraw from coordinated
Settlement discussions detailed in this Section upon 10 business days’ written notice to the
other Arizona Parties and counsel for any affected Pharmaceutical Supply Chain
Participant. The withdrawal of any Arizona Party releases the remaining Arizona Parties
from the restrictions and obligations in this Section.
4. The obligations in this Section shall not affect any Party’s right to proceed with trial or,
within 30 days of the date upon which a trial involving that Party’s claims against a specific
Pharmaceutical Supply Chain Participant is scheduled to begin, reach a case-specific
resolution with that particular Pharmaceutical Supply Chain Participant.
H. Amendments
1. The Parties agree to make such amendments as necessary to implement the intent of this
Agreement.
One Arizona Distribution of Opioid Settlement Funds Agreement ACCEPTED by the undersigned
and executed this ______ day of _________________, 2021.
ARIZONA ATTORNEY GENERAL
_______________________________
Mark Brnovich
APACHE COUNTY
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APACHE COUNTY EAGER TOWN
By:
By:
Its:
Its:
SPRINGERVILLE TOWN ST JOHNS CITY
By:
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Its:
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COCHISE COUNTY
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COCHISE COUNTY BENSON CITY
By:
By:
Its:
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BISBEE CITY DOUGLAS CITY
By:
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Its:
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HUACHUCA CITY TOWN SIERRA VISTA CITY
By:
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Its:
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TOMBSTONE CITY WILLCOX CITY
By:
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Its:
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COCONINO COUNTY
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COCONINO COUNTY FLAGSTAFF CITY
By:
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Its:
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FREDONIA TOWN PAGE CITY
By:
By:
Its:
Its:
SEDONA CITY TUSAYAN TOWN
By:
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Its:
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WILLIAMS CITY
By:
Its:
GILA COUNTY
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GILA COUNTY GLOBE CITY
By:
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HAYDEN CITY MIAMI TOWN
By:
By:
Its:
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PAYSON TOWN STAR VALLEY TOWN
By:
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WINKELMAN TOWN
By:
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GRAHAM COUNTY
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GRAHAM COUNTY PIMA TOWN
By:
By:
Its:
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SAFFORD CITY THATCHER TOWN
By:
By:
Its:
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GREENLEE COUNTY
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GREENLEE COUNTY CLIFTON TOWN
By:
By:
Its:
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DUNCAN TOWN
By:
Its:
LA PAZ COUNTY
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LA PAZ COUNTY PARKER TOWN
By:
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Its:
Its:
QUARTZITE TOWN
By:
Its:
MARICOPA COUNTY
17
MARICOPA COUNTY APACHE JUNCTION CITY
By:
By:
Its:
Its:
AVONDALE CITY BUCKEYE TOWN
By:
By:
Its:
Its:
CAREFREE TOWN CAVE CREEK TOWN
By:
By:
Its:
Its:
CHANDLER CITY EL MIRAGE CITY
By:
By:
Its:
Its:
FOUNTAIN HILLS TOWN GILA BEND TOWN
By:
By:
Its:
Its:
MARICOPA COUNTY
18
GILBERT TOWN GLENDALE CITY
By:
By:
Its:
Its:
GOODYEAR CITY GUADALUPE TOWN
By:
By:
Its:
Its:
LITCHFIELD PARK CITY MESA CITY
By:
By:
Its:
Its:
PARADISE VALLEY TOWN PEORIA CITY
By:
By:
Its:
Its:
PHOENIX CITY QUEEN CREEK TOWN
By:
By:
Its:
Its:
MARICOPA COUNTY
19
SCOTTSDALE CITY SURPRISE CITY
By:
By:
Its:
Its:
TEMPE CITY TOLLESON CITY
By:
By:
Its:
Its:
WICKENBURG TOWN YOUNGTOWN TOWN
By:
By:
Its:
Its:
MOHAVE COUNTY
20
MOHAVE COUNTY BULLHEAD CITY
By:
By:
Its:
Its:
COLORADO CITY TOWN KINGMAN CITY
By:
By:
Its:
Its:
LAKE HAVASU CITY
By:
Its:
NAVAJO COUNTY
21
NAVAJO COUNTY HOLBROOK CITY
By:
By:
Its:
Its:
PINETOP-LAKESIDE TOWN SHOW LOW CITY
By:
By:
Its:
Its:
SNOWFLAKE TOWN TAYLOR TOWN
By:
By:
Its:
Its:
WINSLOW CITY
By:
Its:
PIMA COUNTY
22
PIMA COUNTY MARANA TOWN
By:
By:
Its:
Its:
ORO VALLEY TOWN SAHUARITA TOWN
By:
By:
Its:
Its:
SOUTH TUCSON CITY TUCSON CITY
By:
By:
Its:
Its:
PINAL COUNTY
23
PINAL COUNTY CASA GRANDE CITY
By:
By:
Its:
Its:
COOLIDGE CITY ELOY CITY
By:
By:
Its:
Its:
FLORENCE TOWN KEARNY TOWN
By:
By:
Its:
Its:
MAMMOTH TOWN MARICOPA CITY
By:
By:
Its:
Its:
SUPERIOR TOWN
By:
Its:
SANTA CRUZ COUNTY
24
SANTA CRUZ COUNTY NOGALES CITY
By:
By:
Its:
Its:
PATAGONIA TOWN
By:
Its:
YAVAPAI COUNTY
25
YAVAPAI COUNTY CAMP VERDE TOWN
By:
By:
Its:
Its:
CHINO VALLEY TOWN CLARKDALE TOWN
By:
By:
Its:
Its:
COTTONWOOD CITY DEWEY-HUMBOLDT TOWN
By:
By:
Its:
Its:
JEROME TOWN PRESCOTT CITY
By:
By:
Its:
Its:
PRESCOTT VALLEY TOWN
By:
Its:
YUMA COUNTY
26
YUMA COUNTY
SAN LUIS CITY
By:
By:
Its:
Its:
SOMERTON CITY WELLTON TOWN
By:
By:
Its:
Its:
YUMA CITY
By:
Its:
Exhibit A
O P I O I D A B A T E M E N T S T R A T E G I E S
PART ONE: TREATMENT
A. TREAT OPIOID USE DISORDER (OUD)
Support treatment of Opioid Use Disorder (OUD) and any co-occurring Substance Use
Disorder or Mental Health (SUD/MH) conditions, co-usage, and/or co-addiction through
evidence-based, evidence-informed, or promising programs or strategies that may include,
but are not limited to, the following:
1. Expand availability of treatment for OUD and any co-occurring SUD/MH conditions,
co-usage, and/or co-addiction, including all forms of Medication-Assisted Treatment
(MAT) approved by the U.S. Food and Drug Administration.
2. Support and reimburse services that include the full American Society of Addiction
Medicine (ASAM) continuum of care for OUD and any co-occurring SUD/MH
conditions, co-usage, and/or co-addiction, including but not limited to:
a. Medication-Assisted Treatment (MAT);
b. Abstinence-based treatment;
c. Treatment, recovery, or other services provided by states, subdivisions,
community health centers; non-for-profit providers; or for-profit providers;
d. Treatment by providers that focus on OUD treatment as well as treatment by
providers that offer OUD treatment along with treatment for other SUD/MH
conditions, co-usage, and/or co-addiction; or
e. Evidence-informed residential services programs, as noted below.
3. Expand telehealth to increase access to treatment for OUD and any co-occurring
SUD/MH conditions, co-usage, and/or co-addiction, including MAT, as well as
counseling, psychiatric support, and other treatment and recovery support services.
4. Improve oversight of Opioid Treatment Programs (OTPs) to assure evidence-based,
evidence-informed, or promising practices such as adequate methadone dosing.
5. Support mobile intervention, treatment, and recovery services, offered by qualified
professionals and service providers, such as peer recovery coaches, for persons with
OUD and any co-occurring SUD/MH conditions, co-usage, and/or co-addiction and
for persons who have experienced an opioid overdose.
6. Support treatment of mental health trauma resulting from the traumatic experiences of
the opioid user (e.g., violence, sexual assault, human trafficking, or adverse childhood
experiences) and family members (e.g., surviving family members after an overdose
or overdose fatality), and training of health care personnel to identify and address such
trauma.
7. Support detoxification (detox) and withdrawal management services for persons with
OUD and any co-occurring SUD/MH conditions, co-usage, and/or co-addiction,
including medical detox, referral to treatment, or connections to other services or
supports.
8. Support training on MAT for health care providers, students, or other supporting
professionals, such as peer recovery coaches or recovery outreach specialists,
including telementoring to assist community-based providers in rural or underserved
areas.
9. Support workforce development for addiction professionals who work with persons
with OUD and any co-occurring SUD/MH conditions, co-usage, and/or co-addiction.
10. Provide fellowships for addiction medicine specialists for direct patient care,
instructors, and clinical research for treatments.
11. Provide funding and training for clinicians to obtain a waiver under the federal Drug
Addiction Treatment Act of 2000 (DATA 2000) to prescribe MAT for OUD, and
provide technical assistance and professional support to clinicians who have obtained
a DATA 2000 waiver.
12. Support the dissemination of web-based training curricula, such as the American
Academy of Addiction Psychiatry’s Provider Clinical Support Service-Opioids web-
based training curriculum and motivational interviewing.
13. Support the development and dissemination of new curricula, such as the American
Academy of Addiction Psychiatry’s Provider Clinical Support Service for Medication-
Assisted Treatment.
B. SUPPORT PEOPLE IN TREATMENT AND RECOVERY
Support people in treatment for and recovery from OUD and any co-occurring SUD/MH
conditions, co-usage, and/or co-addiction through evidence-based, evidence-informed, or
promising programs or strategies that may include, but are not limited to, the following:
1. Provide the full continuum of care of recovery services for OUD and any co-occurring
SUD/MH conditions, co-usage, and/or co-addiction, including supportive housing,
residential treatment, medical detox services, peer support services and counseling,
community navigators, case management, and connections to community-based
services.
2. Provide counseling, peer-support, recovery case management and residential
treatment with access to medications for those who need it to persons with OUD and
any co-occurring SUD/MH conditions, co-usage, and/or co-addiction.
3. Provide access to housing for people with OUD and any co-occurring SUD/MH
conditions, co-usage, and/or co-addiction, including supportive housing, recovery
housing, housing assistance programs, or training for housing providers.
4. Provide community support services, including social and legal services, to assist in
deinstitutionalizing persons with OUD and any co-occurring SUD/MH conditions, co-
usage, and/or co-addiction.
5. Support or expand peer-recovery centers, which may include support groups, social
events, computer access, or other services for persons with OUD and any co-occurring
SUD/MH conditions, co-usage, and/or co-addiction.
6. Provide employment training or educational services for persons in treatment for or
recovery from OUD and any co-occurring SUD/MH conditions, co-usage, and/or co-
addiction.
7. Identify successful recovery programs such as physician, pilot, and college recovery
programs, and provide support and technical assistance to increase the number and
capacity of high-quality programs to help those in recovery.
8. Engage non-profits, faith-based communities, and community coalitions to support
people in treatment and recovery and to support family members in their efforts to
manage the opioid user in the family.
9. Provide training and development of procedures for government staff to appropriately
interact and provide social and other services to current and recovering opioid users,
including reducing stigma.
10. Support stigma reduction efforts regarding treatment and support for persons with
OUD, including reducing the stigma on effective treatment.
C. CONNECT PEOPLE WHO NEED HELP TO THE HELP THEY NEED
(CONNECTIONS TO CARE)
Provide connections to care for people who have – or are at risk of developing – OUD and
any co-occurring SUD/MH conditions, co-usage, and/or co-addiction through evidence-
based, evidence-informed, or promising programs or strategies that may include, but are not
limited to, the following:
1. Ensure that health care providers are screening for OUD and other risk factors and
know how to appropriately counsel and treat (or refer if necessary) a patient for OUD
treatment.
2. Support Screening, Brief Intervention and Referral to Treatment (SBIRT) programs
to reduce the transition from use to disorders.
3. Provide training and long-term implementation of SBIRT in key systems (health,
schools, colleges, criminal justice, and probation), with a focus on youth and young
adults when transition from misuse to opioid disorder is common.
4. Purchase automated versions of SBIRT and support ongoing costs of the technology.
5. Support training for emergency room personnel treating opioid overdose patients on
post-discharge planning, including community referrals for MAT, recovery case
management or support services.
6. Support hospital programs that transition persons with OUD and any co-occurring
SUD/MH conditions, co-usage, and/or co-addiction, or persons who have experienced
an opioid overdose, into community treatment or recovery services through a bridge
clinic or similar approach.
7. Support crisis stabilization centers that serve as an alternative to hospital emergency
departments for persons with OUD and any co-occurring SUD/MH conditions, co-
usage, and/or co-addiction or persons that have experienced an opioid overdose.
8. Support the work of Emergency Medical Systems, including peer support specialists,
to connect individuals to treatment or other appropriate services following an opioid
overdose or other opioid-related adverse event.
9. Provide funding for peer support specialists or recovery coaches in emergency
departments, detox facilities, recovery centers, recovery housing, or similar settings;
offer services, supports, or connections to care to persons with OUD and any co-
occurring SUD/MH conditions, co-usage, and/or co-addiction or to persons who have
experienced an opioid overdose.
10. Provide funding for peer navigators, recovery coaches, care coordinators, or care
managers that offer assistance to persons with OUD and any co-occurring SUD/MH
conditions, co-usage, and/or co-addiction or to persons who have experienced on
opioid overdose.
11. Create or support school-based contacts that parents can engage with to seek
immediate treatment services for their child; and support prevention, intervention,
treatment, and recovery programs focused on young people.
12. Develop and support best practices on addressing OUD in the workplace.
13. Support assistance programs for health care providers with OUD.
14. Engage non-profits and the faith community as a system to support outreach for
treatment.
15. Support centralized call centers that provide information and connections to
appropriate services and supports for persons with OUD and any co-occurring
SUD/MH conditions, co-usage, and/or co-addiction.
16. Create or support intake and call centers to facilitate education and access to treatment,
prevention, and recovery services for persons with OUD and any co-occurring
SUD/MH conditions, co-usage, and/or co-addiction.
17. Develop or support a National Treatment Availability Clearinghouse – a
multistate/nationally accessible database whereby health care providers can list
locations for currently available in-patient and out-patient OUD treatment services
that are accessible on a real-time basis by persons who seek treatment.
D. ADDRESS THE NEEDS OF CRIMINAL-JUSTICE-INVOLVED PERSONS
Address the needs of persons with OUD and any co-occurring SUD/MH conditions, co-usage,
and/or co-addiction who are involved – or are at risk of becoming involved – in the criminal
justice system through evidence-based, evidence-informed, or promising programs or
strategies that may include, but are not limited to, the following:
1. Support pre-arrest or post-arrest diversion and deflection strategies for persons with
OUD and any co-occurring SUD/MH conditions, co-usage, and/or co-addiction,
including established strategies such as:
a. Self-referral strategies such as the Angel Programs or the Police Assisted
Addiction Recovery Initiative (PAARI);
b. Active outreach strategies such as the Drug Abuse Response Team (DART)
model;
c. “Naloxone Plus” strategies, which work to ensure that individuals who have
received naloxone to reverse the effects of an overdose are then linked to treatment
programs or other appropriate services;
d. Officer prevention strategies, such as the Law Enforcement Assisted Diversion
(LEAD) model;
e. Officer intervention strategies such as the Leon County, Florida Adult Civil
Citation Network or the Chicago Westside Narcotics Diversion to Treatment
Initiative;
f. Co-responder and/or alternative responder models to address OUD-related 911
calls with greater SUD expertise and to reduce perceived barriers associated with
law enforcement 911 responses; or
g. County prosecution diversion programs, including diversion officer salary, only
for counties with a population of 50,000 or less. Any diversion services in matters
involving opioids must include drug testing, monitoring, or treatment.
2. Support pre-trial services that connect individuals with OUD and any co-occurring
SUD/MH conditions, co-usage, and/or co-addiction to evidence-informed treatment,
including MAT, and related services.
3. Support treatment and recovery courts for persons with OUD and any co-occurring
SUD/MH conditions, co-usage, and/or co-addiction, but only if these courts provide
referrals to evidence-informed treatment, including MAT.
4. Provide evidence-informed treatment, including MAT, recovery support, or other
appropriate services to individuals with OUD and any co-occurring SUD/MH
conditions, co-usage, and/or co-addiction who are incarcerated in jail or prison.
5. Provide evidence-informed treatment, including MAT, recovery support, or other
appropriate services to individuals with OUD and any co-occurring SUD/MH
conditions, co-usage, and/or co-addiction who are leaving jail or prison have recently
left jail or prison, are on probation or parole, are under community corrections
supervision, or are in re-entry programs or facilities.
6. Support critical time interventions (CTI), particularly for individuals living with dual-
diagnosis OUD/serious mental illness, and services for individuals who face
immediate risks and service needs and risks upon release from correctional settings.
7. Provide training on best practices for addressing the needs of criminal-justice-
involved persons with OUD and any co-occurring SUD/MH conditions, co-usage,
and/or co-addiction to law enforcement, correctional, or judicial personnel or to
providers of treatment, recovery, case management, or other services offered in
connection with any of the strategies described in this section.
E. ADDRESS THE NEEDS OF PREGNANT OR PARENTING WOMEN AND
THEIR FAMILIES, INCLUDING BABIES WITH NEONATAL ABSTINENCE
SYNDROME
Address the needs of pregnant or parenting women with OUD and any co-occurring SUD/MH
conditions, co-usage, and/or co-addiction, and the needs of their families, including babies
with neonatal abstinence syndrome, through evidence-based, evidence-informed, or
promising programs or strategies that may include, but are not limited to, the following:
1. Support evidence-based, evidence-informed, or promising treatment, including MAT,
recovery services and supports, and prevention services for pregnant women – or
women who could become pregnant – who have OUD and any co-occurring SUD/MH
conditions, co-usage, and/or co-addiction, and other measures to educate and provide
support to families affected by Neonatal Abstinence Syndrome.
2. Provide training for obstetricians or other healthcare personnel that work with
pregnant women and their families regarding treatment of OUD and any co-occurring
SUD/MH conditions, co-usage, and/or co-addiction.
3. Provide training to health care providers who work with pregnant or parenting women
on best practices for compliance with federal requirements that children born with
Neonatal Abstinence Syndrome get referred to appropriate services and receive a plan
of safe care.
4. Provide enhanced support for children and family members suffering trauma as a
result of addiction in the family; and offer trauma-informed behavioral health
treatment for adverse childhood events.
5. Offer enhanced family supports and home-based wrap-around services to persons with
OUD and any co-occurring SUD/MH conditions, co-usage, and/or co-addiction,
including but not limited to parent skills training.
6. Support for Children’s Services – Fund additional positions and services, including
supportive housing and other residential services, relating to children being removed
from the home and/or placed in foster care due to custodial opioid use.
PART TWO: PREVENTION
F. PREVENT OVER-PRESCRIBING AND ENSURE APPROPRIATE
PRESCRIBING AND DISPENSING OF OPIOIDS
Support efforts to prevent over-prescribing and ensure appropriate prescribing and dispensing
of opioids through evidence-based, evidence-informed, or promising programs or strategies
that may include, but are not limited to, the following:
1. Training for health care providers regarding safe and responsible opioid prescribing,
dosing, and tapering patients off opioids.
2. Academic counter-detailing to educate prescribers on appropriate opioid prescribing.
3. Continuing Medical Education (CME) on appropriate prescribing of opioids.
4. Support for non-opioid pain treatment alternatives, including training providers to
offer or refer to multi-modal, evidence-informed treatment of pain.
5. Support enhancements or improvements to Prescription Drug Monitoring Programs
(PDMPs), including but not limited to improvements that:
a. Increase the number of prescribers using PDMPs;
b. Improve point-of-care decision-making by increasing the quantity, quality, or
format of data available to prescribers using PDMPs or by improving the
interface that prescribers use to access PDMP data, or both; or
c. Enable states to use PDMP data in support of surveillance or intervention
strategies, including MAT referrals and follow-up for individuals identified
within PDMP data as likely to experience OUD.
6. Development and implementation of a national PDMP – Fund development of a
multistate/national PDMP that permits information sharing while providing
appropriate safeguards on sharing of private health information, including but not
limited to:
a. Integration of PDMP data with electronic health records, overdose episodes,
and decision support tools for health care providers relating to OUD.
b. Ensuring PDMPs incorporate available overdose/naloxone deployment data,
including the United States Department of Transportation’s Emergency
Medical Technician overdose database.
7. Increase electronic prescribing to prevent diversion or forgery.
8. Educate Dispensers on appropriate opioid dispensing.
G. PREVENT MISUSE OF OPIOIDS
Support efforts to discourage or prevent misuse of opioids through evidence-based, evidence-
informed, or promising programs or strategies that may include, but are not limited to, the
following:
1. Corrective advertising or affirmative public education campaigns based on evidence.
2. Public education relating to drug disposal.
3. Drug take-back disposal or destruction programs.
4. Fund community anti-drug coalitions that engage in drug prevention efforts.
5. Support community coalitions in implementing evidence-informed prevention, such
as reduced social access and physical access, stigma reduction – including staffing,
educational campaigns, support for people in treatment or recovery, or training of
coalitions in evidence-informed implementation, including the Strategic Prevention
Framework developed by the U.S. Substance Abuse and Mental Health Services
Administration (SAMHSA).
6. Engage non-profits and faith-based communities as systems to support prevention.
7. Support evidence-informed school and community education programs and
campaigns for students, families, school employees, school athletic programs, parent-
teacher and student associations, and others.
8. School-based or youth-focused programs or strategies that have demonstrated
effectiveness in preventing drug misuse and seem likely to be effective in preventing
the uptake and use of opioids.
9. Support community-based education or intervention services for families, youth, and
adolescents at risk for OUD and any co-occurring SUD/MH conditions, co-usage,
and/or co-addiction.
10. Support evidence-informed programs or curricula to address mental health needs of
young people who may be at risk of misusing opioids or other drugs, including
emotional modulation and resilience skills.
11. Support greater access to mental health services and supports for young people,
including services and supports provided by school nurses or other school staff, to
address mental health needs in young people that (when not properly addressed)
increase the risk of opioid or other drug misuse.
H. PREVENT OVERDOSE DEATHS AND OTHER HARMS
Support efforts to prevent or reduce overdose deaths or other opioid-related harms through
evidence-based, evidence-informed, or promising programs or strategies that may include,
but are not limited to, the following:
1. Increase availability and distribution of naloxone and other drugs that treat overdoses
for first responders, overdose patients, opioid users, families and friends of opioid
users, schools, community navigators and outreach workers, drug offenders upon
release from jail/prison, or other members of the general public.
2. Provision by public health entities of free naloxone to anyone in the community,
including but not limited to provision of intra-nasal naloxone in settings where other
options are not available or allowed.
3. Training and education regarding naloxone and other drugs that treat overdoses for
first responders, overdose patients, patients taking opioids, families, schools, and other
members of the general public.
4. Enable school nurses and other school staff to respond to opioid overdoses, and
provide them with naloxone, training, and support.
5. Expand, improve, or develop data tracking software and applications for
overdoses/naloxone revivals.
6. Public education relating to emergency responses to overdoses.
7. Public education relating to immunity and Good Samaritan laws.
8. Educate first responders regarding the existence and operation of immunity and Good
Samaritan laws.
9. Expand access to testing and treatment for infectious diseases such as HIV and
Hepatitis C resulting from intravenous opioid use.
10. Support mobile units that offer or provide referrals to treatment, recovery supports,
health care, or other appropriate services to persons that use opioids or persons with
OUD and any co-occurring SUD/MH conditions, co-usage, and/or co-addiction.
11. Provide training in treatment and recovery strategies to health care providers, students,
peer recovery coaches, recovery outreach specialists, or other professionals that
provide care to persons who use opioids or persons with OUD and any co-occurring
SUD/MH conditions, co-usage, and/or co-addiction.
12. Support screening for fentanyl in routine clinical toxicology testing.
PART THREE: OTHER STRATEGIES
I. FIRST RESPONDERS
In addition to items C8, D1 through D7, H1, H3, and H8, support the following:
1. Current and future law enforcement expenditures relating to the opioid epidemic.
2. Educate law enforcement or other first responders regarding appropriate practices and
precautions when dealing with fentanyl or other drugs.
J. LEADERSHIP, PLANNING AND COORDINATION
Support efforts to provide leadership, planning, and coordination to abate the opioid epidemic
through activities, programs, or strategies that may include, but are not limited to, the
following:
1. Community regional planning to identify goals for reducing harms related to the
opioid epidemic, to identify areas and populations with the greatest needs for treatment
intervention services, or to support other strategies to abate the opioid epidemic
described in this opioid abatement strategy list.
2. A government dashboard to track key opioid-related indicators and supports as
identified through collaborative community processes.
3. Invest in infrastructure or staffing at government or not-for-profit agencies to support
collaborative, cross-system coordination with the purpose of preventing
overprescribing, opioid misuse, or opioid overdoses, treating those with OUD and any
co-occurring SUD/MH conditions, co-usage, and/or co-addiction, supporting them in
treatment or recovery, connecting them to care, or implementing other strategies to
abate the opioid epidemic described in this opioid abatement strategy list.
4. Provide resources to staff government oversight and management of opioid abatement
programs.
K. TRAINING
In addition to the training referred to in various items above, support training to abate the
opioid epidemic through activities, programs, or strategies that may include, but are not
limited to, the following:
1. Provide funding for staff training or networking programs and services to improve the
capability of government, community, and not-for-profit entities to abate the opioid
crisis.
2. Invest in infrastructure and staffing for collaborative cross-system coordination to
prevent opioid misuse, prevent overdoses, and treat those with OUD and any co-
occurring SUD/MH conditions, co-usage, and/or co-addiction, or implement other
strategies to abate the opioid epidemic described in this opioid abatement strategy list
(e.g., health care, primary care, pharmacies, PDMPs, etc.).
L. RESEARCH
Support opioid abatement research that may include, but is not limited to, the following:
1. Monitoring, surveillance, and evaluation of programs and strategies described in this
opioid abatement strategy list.
2. Research non-opioid treatment of chronic pain.
3. Research on improved service delivery for modalities such as SBIRT that demonstrate
promising but mixed results in populations vulnerable to opioid use disorders.
4. Research on innovative supply-side enforcement efforts such as improved detection
of mail-based delivery of synthetic opioids.
5. Expanded research on swift/certain/fair models to reduce and deter opioid misuse
within criminal justice populations that build upon promising approaches used to
address other substances (e.g. Hawaii HOPE and Dakota 24/7).
6. Research on expanded modalities such as prescription methadone that can expand
access to MAT.
Exhibit B
Exhibit B
Allocation to Arizona Counties/Regions
County/Region Percentage of LG Share
APACHE 0.690%
COCHISE 1.855%
COCONINO 1.688%
GILA 1.142%
GRAHAM 0.719%
GREENLEE 0.090%
LA PAZ 0.301%
MARICOPA 57.930%
MOHAVE 4.898%
NAVAJO 1.535%
PIMA 18.647%
PINAL 3.836%
SANTA CRUZ 0.370%
YAVAPAI 4.291%
YUMA 2.008%
Exhibit C
Exhibit C Government Name County Name State Name Government Type Census ID Intra-county Allocation (%) Based on Past Spending APACHE COUNTY APACHE COUNTY Apache County ARIZONA County 3100100100000 56.63% EAGAR TOWN Apache County ARIZONA City 3200100100000 20.66% SPRINGERVILLE TOWN Apache County ARIZONA City 3200100300000 10.73% ST JOHNS CITY Apache County ARIZONA City 3200100200000 11.98% COCHISE COUNTY COCHISE COUNTY Cochise County ARIZONA County 3100200200000 63.47% BENSON CITY Cochise County ARIZONA City 3200200100000 3.52% BISBEE CITY Cochise County ARIZONA City 3200200200000 3.47% DOUGLAS CITY Cochise County ARIZONA City 3200200300000 8.44% HUACHUCA CITY TOWN Cochise County ARIZONA City 3200250100000 0.91% SIERRA VISTA CITY Cochise County ARIZONA City 3200200400000 16.63% TOMBSTONE CITY Cochise County ARIZONA City 3200200500000 1.16% WILLCOX CITY Cochise County ARIZONA City 3200200600000 2.39% COCONINO COUNTY COCONINO COUNTY Coconino County ARIZONA County 3100300300000 71.16% FLAGSTAFF CITY Coconino County ARIZONA City 3200300100000 18.45% FREDONIA TOWN Coconino County ARIZONA City 3200300300000 0.31% PAGE CITY Coconino County ARIZONA City 3200390100000 3.41% SEDONA CITY Coconino County ARIZONA City 3201340200000 4.09% TUSAYAN TOWN Coconino County ARIZONA City 3200310100000 0.67% WILLIAMS CITY Coconino County ARIZONA City 3200300200000 1.92% GILA COUNTY GILA COUNTY Gila County ARIZONA County 3100400400000 68.13% GLOBE CITY Gila County ARIZONA City 3200400100000 10.23%
HAYDEN TOWN Gila County ARIZONA City 3200450100000 2.31% MIAMI TOWN Gila County ARIZONA City 3200400200000 2.71% PAYSON TOWN Gila County ARIZONA City 3200490100000 16.17% STAR VALLEY TOWN Gila County ARIZONA City 3200410100000 0.35% WINKELMAN TOWN Gila County ARIZONA City 3200400300000 0.10% GRAHAM COUNTY GRAHAM COUNTY Graham County ARIZONA County 3100500500000 62.26% PIMA TOWN Graham County ARIZONA City 3200500100000 2.22% SAFFORD CITY Graham County ARIZONA City 3200500200000 26.83% THATCHER TOWN Graham County ARIZONA City 3200500300000 8.68% GREENLEE COUNTY GREENLEE COUNTY Greenlee County ARIZONA County 3100600600000 88.29% CLIFTON TOWN Greenlee County ARIZONA City 3200600100000 11.43% DUNCAN TOWN Greenlee County ARIZONA City 3200600200000 0.28% LA PAZ COUNTY LA PAZ COUNTY La Paz County ARIZONA County 3101501500000 88.71% PARKER TOWN La Paz County ARIZONA City 3201560100000 5.19% QUARTZSITE TOWN La Paz County ARIZONA City 3201540100000 6.11% MARICOPA COUNTY MARICOPA COUNTY Maricopa County ARIZONA County 3100700700000 51.53% APACHE JUNCTION CITY Maricopa County ARIZONA City 3201160100000 0.38% AVONDALE CITY Maricopa County ARIZONA City 3200700100000 0.98% BUCKEYE TOWN Maricopa County ARIZONA City 3200700200000 0.46% CAREFREE TOWN Maricopa County ARIZONA City 3200740100000 0.04% CAVE CREEK TOWN Maricopa County ARIZONA City 3200740200000 0.06% CHANDLER CITY Maricopa County ARIZONA City 3200700300000 2.86% EL MIRAGE CITY Maricopa County ARIZONA City 3200700400000 0.39% FOUNTAIN HILLS TOWN Maricopa County ARIZONA City 3200740400000 0.17% GILA BEND TOWN Maricopa County ARIZONA City 3200770100000 0.03%
GILBERT TOWN Maricopa County ARIZONA City 3200700500000 1.71% GLENDALE CITY Maricopa County ARIZONA City 3200700600000 2.63% GOODYEAR CITY Maricopa County ARIZONA City 3200700700000 0.76% GUADALUPE TOWN Maricopa County ARIZONA City 3200790100000 0.00% LITCHFIELD PARK CITY Maricopa County ARIZONA City 3200740300000 0.04% MESA CITY Maricopa County ARIZONA City 3200700800000 6.06% PARADISE VALLEY TOWN Maricopa County ARIZONA City 3200750100000 0.34% PEORIA CITY Maricopa County ARIZONA City 3200700900000 1.51% PHOENIX CITY Maricopa County ARIZONA City 3200701000000 21.28% QUEEN CREEK TOWN Maricopa County ARIZONA City 3200740500000 0.11% SCOTTSDALE CITY Maricopa County ARIZONA City 3200701100000 3.99% SURPRISE CITY Maricopa County ARIZONA City 3200750200000 0.98% TEMPE CITY Maricopa County ARIZONA City 3200701200000 3.27% TOLLESON CITY Maricopa County ARIZONA City 3200701300000 0.27% WICKENBURG TOWN Maricopa County ARIZONA City 3200701400000 0.10% YOUNGTOWN TOWN Maricopa County ARIZONA City 3200750300000 0.05% MOHAVE COUNTY MOHAVE COUNTY Mohave County ARIZONA County 3100800800000 62.51% BULLHEAD CITY CITY Mohave County ARIZONA City 3200840100000 13.10% COLORADO CITY TOWN Mohave County ARIZONA City 3200840200000 0.61% KINGMAN CITY Mohave County ARIZONA City 3200800100000 9.91% LAKE HAVASU CITY CITY Mohave County ARIZONA City 3200860100000 13.87% NAVAJO COUNTY NAVAJO COUNTY Navajo County ARIZONA County 3100900900000 70.29% HOLBROOK CITY Navajo County ARIZONA City 3200900100000 3.75% PINETOP-LAKESIDE TOWN Navajo County ARIZONA City 3200940100000 4.75% SHOW LOW CITY Navajo County ARIZONA City 3200900200000 9.39% SNOWFLAKE TOWN Navajo County ARIZONA City 3200900300000 2.94% TAYLOR TOWN Navajo County ARIZONA City 3200980100000 2.68%
WINSLOW CITY Navajo County ARIZONA City 3200900400000 6.19% PIMA COUNTY PIMA COUNTY Pima County ARIZONA County 3101001000000 72.19% MARANA TOWN Pima County ARIZONA City 3201090200000 2.06% ORO VALLEY TOWN Pima County ARIZONA City 3201090100000 1.72% SAHUARITA TOWN Pima County ARIZONA City 3201020100000 0.81% SOUTH TUCSON CITY Pima County ARIZONA City 3201000100000 0.31% TUCSON CITY Pima County ARIZONA City 3201000200000 22.91% PINAL COUNTY PINAL COUNTY Pinal County ARIZONA County 3101101100000 53.01% CASA GRANDE CITY Pinal County ARIZONA City 3201100100000 5.54% COOLIDGE CITY Pinal County ARIZONA City 3201100200000 1.68% ELOY CITY Pinal County ARIZONA City 3201100300000 34.98% FLORENCE TOWN Pinal County ARIZONA City 3201100400000 1.19% KEARNY TOWN Pinal County ARIZONA City 3201150100000 0.28% MAMMOTH TOWN Pinal County ARIZONA City 3201150200000 0.16% MARICOPA CITY Pinal County ARIZONA City 3201110100000 2.73% SUPERIOR TOWN Pinal County ARIZONA City 3201190100000 0.44% SANTA CRUZ COUNTY SANTA CRUZ COUNTY Santa Cruz County ARIZONA County 3101201200000 76.78% NOGALES CITY Santa Cruz County ARIZONA City 3201200100000 22.55% PATAGONIA TOWN Santa Cruz County ARIZONA City 3201200200000 0.67% YAVAPAI COUNTY YAVAPAI COUNTY Yavapai County ARIZONA County 3101301300000 69.31% CAMP VERDE TOWN Yavapai County ARIZONA City 3201340100000 0.97% CHINO VALLEY TOWN Yavapai County ARIZONA City 3201380100000 0.68% CLARKDALE TOWN Yavapai County ARIZONA City 3201350100000 0.72% COTTONWOOD CITY Yavapai County ARIZONA City 3201350200000 4.89%
DEWEY-HUMBOLDT TOWN Yavapai County ARIZONA City 3201310100000 1.54% JEROME TOWN Yavapai County ARIZONA City 3201300100000 0.03% PRESCOTT CITY Yavapai County ARIZONA City 3201300200000 13.79% PRESCOTT VALLEY TOWN Yavapai County ARIZONA City 3201360100000 8.09% YUMA COUNTY YUMA COUNTY Yuma County ARIZONA County 3101401400000 66.03% SAN LUIS CITY Yuma County ARIZONA City 3201460100000 4.80% SOMERTON CITY Yuma County ARIZONA City 3201400200000 2.24% WELLTON TOWN Yuma County ARIZONA City 3201480100000 0.61% YUMA CITY Yuma County ARIZONA City 3201400300000 26.32%
Exhibit D
Exhibit D
Percent
Participation of
Cities
Award
0 0%
5 2%
10 4%
15 6%
20 8%
25 10%
30 12%
35 14%
40 16%
45 18%
50 20%
55 22%
60 24%
65 26%
70 28%
75 30%
80 32%
85 34%
90 36%
95 38%
100 40%
1
ONE ARIZONA OPIOID SETTLEMENT MEMORANDUM OF
UNDERSTANDING
General Principles
The people of the State of Arizona and Arizona communities have been harmed by the
opioid epidemic, which was caused by entities within the Pharmaceutical Supply Chain.
The State of Arizona, ex rel. Mark Brnovich, Attorney General (the “State”), and certain
Participating Local Governments are separately engaged in litigation seeking to hold the
Pharmaceutical Supply Chain Participants accountable for the damage they caused.
The State and the Participating Local Governments share a common desire to abate and
alleviate the impacts of the Pharmaceutical Supply Chain Participants’ misconduct
throughout the State of Arizona.
The State and the Participating Local Governments enter into this One Arizona Opioid
Settlement Memorandum of Understanding (“MOU”) to jointly approach Settlement
negotiations with the Pharmaceutical Supply Chain Participants.
This MOU has been drafted collaboratively to maintain the Parties’ existing or potential
legal claims (to the extent legally cognizable) while allowing the Parties to cooperate in
exploring all possible means of resolution.
Nothing in this MOU binds the Parties to a specific outcome. Any resolution under this
MOU will require a subsequent acceptance by the State and the Participating Local
Governments of a final opioid Settlement plan.
Nothing in this MOU should alter or change the right of the State or any Participating
Local Government to pursue its own claim. The intent of this MOU is to join the Parties
to seek a Settlement or Settlements with one or more Pharmaceutical Supply Chain
Participants.
A. Definitions
As used in this MOU:
1. “Approved Purpose(s)” shall mean those uses identified in the agreed Opioid Abatement
Strategies attached as Exhibit A.
2. “Litigation” means existing or potential legal claims against Pharmaceutical Supply
Chain Participants seeking to hold them accountable for the damage caused by their
misfeasance, nonfeasance, and malfeasance relating to the unlawful manufacture,
marketing, promotion, distribution, or dispensing of prescription opioids.
2
3. “Opioid Funds” shall mean monetary amounts obtained through a Settlement as defined
in this MOU.
4. “Participating Local Government(s)” shall mean all counties, cities, and towns within the
geographic boundaries of the State that have chosen to sign on to this MOU. The
Participating Local Governments may be referred to separately in this MOU as
“Participating Counties” and “Participating Cities and Towns” (or “Participating Cities or
Towns,” as appropriate).
5. “Parties” shall mean the State and the Participating Local Governments.
6. “Pharmaceutical Supply Chain” shall mean the process and channels through which licit
opioids are manufactured, marketed, promoted, distributed, or dispensed.
7. “Pharmaceutical Supply Chain Participant” shall mean any entity that engages in or has
engaged in the manufacture, marketing, promotion, distribution, or dispensing of licit
opioids.
8. “Settlement” shall mean the negotiated resolution of legal or equitable claims against a
Pharmaceutical Supply Chain Participant when that resolution has been jointly entered
into by the State and the Participating Local Governments.
9. “Trustee” shall mean an independent trustee who shall be responsible for the ministerial
task of releasing the Opioid Funds that are in trust as authorized herein and accounting
for all payments into or out of the trust.
B. Intrastate Regions
1. The State of Arizona will be divided into regions, each of which will be referred to as a
“Region” and will consist of: (1)a single Participating County and all of its Participating
Cities and Towns; or (2) all of the Participating Cities and Towns within a non-
Participating County. If there is only one Participating City or Town within a non-
Participating County, that single Participating City or Town will still constitute a Region.
Two or more Regions may at their discretion form a group (“Multicounty Region”).
Regions that do not choose to form a Multicounty Region will be their own Region.
Participating Cities and Towns within a non-Participating County may not form a Region
with Participating Cities and Towns in another county.
2. The LG Share funds described in Section C(1) will be distributed to each Region
according to the percentages set forth in Exhibit B. The Regional allocation model uses
three equally weighted factors: (1) the amount of opioids shipped to the Region; (2) the
number of opioid deaths that occurred in that Region; and (3) the number of people who
suffer opioid use disorder in that Region. In the event any county does not participate in
this MOU, that county’s percentage share shall be reallocated proportionally amongst the
Participating Counties by applying this same methodology to only the Participating
Counties.
3. In single-county Regions, that county’s health department will serve as the lead agency
responsible for distributing the LG Share funds. That health department, acting as the
3
lead agency, shall consult with the cities and towns in the county regarding distribution of
the LG Share funds.
4. For each Multicounty Region, an advisory council shall be formed from the Participating
Local Governments in the Multicounty Region to distribute the collective LG Share
funds. Each advisory council shall include at least three Participating Local Government
representatives, not all of whom may reside in the same county. Each advisory council
shall consult with the Participating Local Governments in the Multicounty Region
regarding distribution of the collective LG Share funds.
5. For each Region consisting of the Participating Cities and Towns within a non-
Participating County, an advisory council shall be formed from the Participating Cities
and Towns in the Region to distribute the LG Share funds. Each advisory council shall
include at least three representatives from the Participating Cities and Towns in the
Region, or a representative from each Participating City and Town if the Region consists
of fewer than three Participating Cities and Towns. In no event may more than one
individual represent the same city or town. To the extent any Participating Cities or
Towns in the Region are not represented on the advisory council, the advisory council
shall consult with the non-represented Participating Cities and Towns regarding
distribution of the collective LG Share funds.
C. Allocation of Settlement Proceeds
1. All Opioid Funds shall be divided with 44% to the State (“State Share”) and 56% to the
Participating Local Governments (“LG Share”).1
2. All Opioid Funds, regardless of allocation, shall be utilized in a manner consistent with
the Approved Purposes definition, as ultimately memorialized in a Settlement that
becomes an order of the court. Compliance with this requirement shall be verified
through reporting, as set out in Section F.
3. The LG Share will be distributed to each Region as set forth in Section B(2).
Participating Counties and their constituent Participating Cities and Towns may distribute
the funds allocated to the Region amongst themselves in any manner they choose. If the
county and its cities and towns cannot agree on how to allocate the funds, Exhibit C
reflects a default allocation that will apply. The default allocation formula uses historical
federal data showing how the specific county and the cities and towns within it have
made opioids-related expenditures in the past. If the county or any cities or towns within
a Region do not sign on to this MOU and subsequent Settlement, and if the Participating
Local Governments in the Region cannot agree on how to allocate the funds amongst
themselves, they shall reallocate the funds proportionally amongst themselves by
applying this same methodology to only the Participating Local Governments in the
Region.
1 This MOU assumes that any opioid settlement for Native American Tribes and Third-Party Payors, including
municipal insurance pools, will be dealt with separately.
4
4. If the LG Share for a given Participating Local Government is less than $500, then that
amount will instead be distributed to the county in which the Participating Local
Government is located to allow practical application of the abatement remedy. If the
county did not sign on to the Settlement as defined herein, the funds will be reallocated to
the State Share.
5. The State Share shall be paid by check or wire transfer directly to the State through the
Trustee, who shall hold the funds in trust in a Qualified Settlement Fund (QSF) for the
benefit of the State to be promptly distributed as set forth in C(1) herein. The LG Share
shall be paid by check or wire transfer directly to the Participating Local Governments
through the Trustee, who shall hold the funds in trust in a QSF for the benefit of the
Participating Local Governments to be promptly distributed as set forth in B(2), C(1),
C(3), and C(4) herein.
6. The State Share shall be used only for (1) Approved Purposes within the State or (2)
grants to organizations for Approved Purposes within the State.
7. The LG Share shall be used only for (1) Approved Purposes by Participating Local
Governments within a Region or Multicounty Region or (2) grants to organizations for
Approved Purposes within a Region or Multicounty Region.
8. The State will endeavor to prioritize up to 30% of the State Share for: opioid education
and advertising related to awareness, addiction, or treatment; Department of Corrections
and related prison and jail opioid uses, and opioid interdiction and abatement on
Arizona’s southern border, including grants to assist with the building, remodeling and/or
operation of centers for treatment, drug testing, medication-assisted treatment services,
probation, job training, and/or counseling services, among other programs.
D. Participation of Cities and Towns
1. By virtue of signing on to the MOU and Settlement, each Participating County will
receive 60% of its available LG Share. The Participating County will receive up to an
additional 40% of its available LG Share by securing the participation of its constituent
cities and towns as signatories to this MOU and the Settlement. The sliding scale attached
as Exhibit D will determine the share of funds available to the Participating County.
2. If a Participating County does not achieve 100% participation of its cities and towns
within the period of time required in a Settlement document for subdivision participation,
the remaining portions of the LG Share that were otherwise available to the Participating
County will be reallocated to (i) the State Share and (ii) the LG Share for the
Participating Counties which have achieved 100% participation of their cities and towns
in accordance with the percentages described in Sections B(2), C(1), and C(3), and set
forth in Exhibits B and C.
E. Payment of Counsel and Litigation Expenses
1. The Parties anticipate that any national Settlement will provide for the payment of all or a
portion of the fees and litigation expenses of certain state and local governments.
5
2. If the court in In Re: National Prescription Opiate Litigation, MDL No. 2804 (N.D.
Ohio) or if a national Settlement establishes a common benefit fund or similar device to
compensate attorneys for services rendered and expenses incurred that have benefited
plaintiffs generally in the litigation (the “Common Benefit Fund”), and requires certain
governmental plaintiffs to pay a share of their recoveries from defendants into the
Common Benefit Fund as a “tax,” then the Participating Local Governments shall first
seek to have the settling defendants pay the “tax.” If the settling defendants do not agree
to pay the “tax,” then the “tax” shall be paid from the LG Share prior to allocation and
distribution of funds to the Participating Local Governments.2
3. Any governmental entity that seeks attorneys’ fees and expenses from the Litigation shall
seek those fees and expenses first from the national Settlement. In addition, the Parties
agree that the Participating Local Governments will create a supplemental attorney’s fees
and costs fund (the “Backstop Fund”).
4. The Backstop Fund is to be used to compensate counsel for Participating Local
Governments that filed opioid lawsuits by September 1, 2020 (“Litigating Participating
Local Governments”). Payments out of the Backstop Fund shall be determined by a
committee consisting of one representative from each of the Litigating Participating
Local Governments (the “Opioid Fee and Expense Committee”).
5. The Backstop Fund shall be funded as follows: From any national Settlement, the funds
to be deposited in the Backstop Fund shall be 14.25% of the LG Share of each payment
(annual or otherwise) to the State of Arizona for that Settlement. No portion of the State
Share shall be used for the Backstop Fund or in any other way to fund any Participating
Local Government’s attorney’s fees and costs.
6. The maximum percentage of any contingency fee agreement permitted for compensation
shall be 25% of the portion of the LG Share attributable to the Litigating Participating
Local Government that is a party to the contingency fee agreement, plus expenses
attributable to that Litigating Participating Local Government. Under no circumstances
may counsel collect more for its work on behalf of a Litigating Participating Local
Government than it would under its contingency agreement with that Litigating
Participating Local Government.
7. Any funds remaining in the Backstop Fund in excess of the amounts needed to cover
private counsels’ representation agreements shall revert to the Participating Local
Governments according to the percentages set forth in Exhibits B and C, to be used for
Approved Purposes as set forth herein and in Exhibit A.
6
F. Compliance Reporting and Accountability
1. The Trustee shall provide an up-to-date accounting of payments into or out of the trust
and/or its subaccounts upon written request of the State or a Participating Local
Government.
2. The State, Regions, and Participating Local Governments may object to an allocation or
expenditure of Opioid Funds solely on the basis that the allocation or expenditure at
issue (1) is inconsistent with provision C(1) hereof with respect to the amount of the
State Share or LG Share; (2) is inconsistent with an agreed-upon allocation, or the
default allocations in Exhibits B and C, as contemplated by Section C(3); or (3) violates
the limitations set forth in F(3) with respect to compensation of the Trustee. The
objector shall have the right to bring that objection within two years of the date of its
discovery to a superior court in Maricopa County, Arizona.
3. Out of the Opioid Funds, reasonable expenses up to 0.005% shall be paid to the Trustee.
4. The Parties shall maintain, for a period of at least five years, records of abatement
expenditures and documents underlying those expenditures, so that it can be verified that
funds are being or have been utilized in a manner consistent with the Approved Purposes
definition.
5. At least annually, each Region or Multicounty Region shall provide to the State a report
detailing for the preceding time period (1) the amount of the LG Share received by each
Participating Local Government within the Region or Multicounty Region, (2) the
allocation of any awards approved (listing the recipient, the amount awarded, the
program to be funded, and disbursement terms), and (3) the amounts disbursed on
approved allocations. In order to facilitate this reporting, each Participating Local
Government within a Region or Multicounty Region shall provide information necessary
to meet these reporting obligations to a delegate(s) selected by the Region or Multicounty
Region to provide its annual report to the State.
6. At least annually, the State shall publish on its website a report detailing for the preceding
time period (1) the amount of the State Share received, (2) the allocation of any awards
approved (listing the recipient, the amount awarded, the program to be funded, and
disbursement terms), and (3) the amounts disbursed on approved allocations. In addition,
the State shall publish on its website the reports described in F(5) above.
7. If it appears to the State, a Region, or a Multicounty Region that the State or another
Region or Multicounty Region is using or has used Settlement funds for non-Approved
Purposes, the State, Region, or Multicounty Region may on written request seek and
obtain the documentation underlying the report(s) described in F(5) or F(6), as
applicable, including documentation described in F(4). The State, Region, or
Multicounty Region receiving such request shall have 14 days to provide the requested
information. The requesting party and the State, Region, or Multicounty Region
receiving such request may extend the time period for compliance with the request only
upon mutual agreement.
7
8. Following a request made pursuant to F(7) and when it appears that LG Share funds are
being or have been spent on non-Approved Purposes, the State may seek and obtain in an
action in a court of competent jurisdiction in Maricopa County, Arizona an injunction
prohibiting the Region or Multicounty Region from spending LG Share funds on non-
Approved Purposes and requiring the Region or Multicounty Region to return the monies
that it spent on non-Approved Purposes after notice as is required by the rules of civil
procedure. So long as the action is pending, distribution of LG Share funds to the Region
or Multicounty Region temporarily will be suspended. Once the action is resolved, the
suspended payments will resume, less any amounts that were ordered returned but have
not been returned by the time the action is resolved.
9. Following a request made pursuant to F(7) and when it appears to at least eight
Participating Counties that have signed on to this MOU and a subsequent Settlement that
the State Share funds are being or have been spent on non-Approved Purposes, the
Participating Counties may seek and obtain in an action in a superior court of Maricopa
County, Arizona an injunction prohibiting the State from spending State Share funds on
non-Approved Purposes and requiring the State to return the monies it spent on non-
Approved Purposes after notice as is required by the rules of civil procedure. So long as
the action is pending, distribution of State Share funds to the State temporarily will be
suspended. Once the action is resolved, the suspended payments will resume, less any
monies that were ordered returned but have not been returned by the time the action is
resolved.
10. In an action brought pursuant to F(8) or F(9), attorney’s fees and costs shall not be
recoverable.
F. Settlement Negotiations
1. The State and the Participating Local Governments agree to inform each other in advance
of any negotiations relating to an Arizona-only settlement with a Pharmaceutical Supply
Chain Participant that includes both the State and the Participating Local Governments
and shall provide each other the opportunity to participate in all such negotiations.
2. The State and the Participating Local Governments further agree to keep each other
reasonably informed of all other global settlement negotiations with Pharmaceutical
Supply Chain Participants. Neither this provision, nor any other, shall be construed to
state or imply that either the State or the Participating Local Governments (collectively,
the “Arizona Parties”) are unauthorized to engage in settlement negotiations with
Pharmaceutical Supply Chain Participants without prior consent or contemporaneous
participation of the other, or that either party is entitled to participate as an active or
direct participant in settlement negotiations with the other. Rather, while the State’s and
the Participating Local Government’s efforts to achieve worthwhile settlements are to be
collaborative, incremental stages need not be so.
3. The State or any Participating Local Government may withdraw from coordinated
Settlement discussions detailed in this Section upon 10 business days’ written notice to
the other Arizona Parties and counsel for any affected Pharmaceutical Supply Chain
APACHE COUNTY CITIES & TOWNS
EAGER TOWN
_______________________________
By: ____________________________
Its: _____________________________
SPRINGERVILLE TOWN
_______________________________
By: ____________________________
Its: _____________________________
ST JOHNS CITY
_______________________________
By: ____________________________
Its: _____________________________
COCHISE COUNTY CITIES & TOWNS
BENSON CITY
_______________________________
By: ____________________________
Its: _____________________________
BISBEE CITY
_______________________________
By: ____________________________
Its: _____________________________
DOUGLAS CITY
_______________________________
By: ____________________________
Its: _____________________________
HUACHUCA CITY TOWN
_______________________________
By: ____________________________
Its: _____________________________
SIERRA VISTA CITY
_______________________________
By: ____________________________
Its: _____________________________
TOMBSTONE CITY
_______________________________
By: ____________________________
Its: _____________________________
WILLCOX CITY
_______________________________
By: ____________________________
Its: ________________________
COCONINO COUNTY CITIES & TOWNS
FLAGSTAFF CITY
_______________________________
By: ____________________________
Its: _____________________________
FREDONIA TOWN
_______________________________
By: ____________________________
Its: _____________________________
PAGE CITY
_______________________________
By: ____________________________
Its: _____________________________
SEDONA CITY
_______________________________
By: ____________________________
Its: _____________________________
TUSAYAN TOWN
_______________________________
By: ____________________________
Its: _____________________________
WILLIAMS CITY
_______________________________
By: ____________________________
Its: _____________________________
GILA COUNTY CITIES & TOWNS
GLOBE CITY
_______________________________
By: ____________________________
Its: _____________________________
HAYDEN TOWN
_______________________________
By: ____________________________
Its: _____________________________
MIAMI TOWN
_______________________________
By: ____________________________
Its: _____________________________
PAYSON TOWN
_______________________________
By: ____________________________
Its: _____________________________
STAR VALLEY TOWN
_______________________________
By: ____________________________
Its: _____________________________
WINKELMAN TOWN
_______________________________
By: ____________________________
Its: _____________________________
GRAHAM COUNTY CITIES & TOWNS
PIMA TOWN
_______________________________
By: ____________________________
Its: _____________________________
SAFFORD CITY
_______________________________
By: ____________________________
Its: _____________________________
THATCHER TOWN
_______________________________
By: ____________________________
Its: _____________________________
GREENLEE COUNTY CITIES & TOWNS
CLIFTON TOWN
_______________________________
By: ____________________________
Its: _____________________________
DUNCAN TOWN
_______________________________
By: ____________________________
Its: _____________________________
LA PAZ COUNTY CITIES & TOWNS
PARKER TOWN
_______________________________
By: ____________________________
Its: _____________________________
QUARTZSITE TOWN
_______________________________
By: ____________________________
Its: _____________________________
MARICOPA COUNTY CITIES & TOWNS
APACHE JUNCTION CITY
_______________________________
By: ____________________________
Its: _____________________________
AVONDALE CITY
_______________________________
By: ____________________________
Its: _____________________________
BUCKEYE TOWN
_______________________________
By: ____________________________
Its: _____________________________
CAREFREE TOWN
_______________________________
By: ____________________________
Its: _____________________________
CAVE CREEK TOWN
_______________________________
By: ____________________________
Its: _____________________________
CHANDLER CITY
_______________________________
By: ____________________________
Its: _____________________________
EL MIRAGE CITY
_______________________________
By: ____________________________
Its: _____________________________
FOUNTAIN HILLS TOWN
_______________________________
By: ____________________________
Its: _____________________________
GILA BEND TOWN
_______________________________
By: ____________________________
Its: _____________________________
GILBERT TOWN
_______________________________
By: ____________________________
Its: _____________________________
GLENDALE CITY
_______________________________
By: ____________________________
Its: _____________________________
GOODYEAR CITY
_______________________________
By: ____________________________
Its: _____________________________
GUADALUPE TOWN
_______________________________
By: ____________________________
Its: _____________________________
LITCHFIELD PARK CITY
_______________________________
By: ____________________________
Its: _____________________________
MARICOPA COUNTY CITIES & TOWNS
MESA CITY
_______________________________
By: ____________________________
Its: _____________________________
PARADISE VALLEY TOWN
_______________________________
By: ____________________________
Its: _____________________________
PEORIA CITY
_______________________________
By: ____________________________
Its: _____________________________
PHOENIX CITY
_______________________________
By: ____________________________
Its: _____________________________
QUEEN CREEK TOWN
_______________________________
By: ____________________________
Its: _____________________________
SCOTTSDALE CITY
_______________________________
By: ____________________________
Its: _____________________________
SURPRISE CITY
_______________________________
By: ____________________________
Its: _____________________________
TEMPE CITY
_______________________________
By: ____________________________
Its: _____________________________
TOLLESON CITY
_______________________________
By: ____________________________
Its: _____________________________
WICKENBURG TOWN
_______________________________
By: ____________________________
Its: _____________________________
YOUNGTOWN TOWN
_______________________________
By: ____________________________
Its: _____________________________
MOHAVE COUNTY CITIES & TOWNS
BULLHEAD CITY
_______________________________
By: ____________________________
Its: _____________________________
COLORADO CITY TOWN
_______________________________
By: ____________________________
Its: _____________________________
KINGMAN CITY
_______________________________
By: ____________________________
Its: _____________________________
LAKE HAVASU CITY
_______________________________
By: ____________________________
Its: _____________________________
NAVAJO COUNTY CITIES & TOWNS
HOLBROOK CITY
_______________________________
By: ____________________________
Its: _____________________________
PINETOP-LAKESIDE TOWN
_______________________________
By: ____________________________
Its: _____________________________
SHOW LOW CITY
_______________________________
By: ____________________________
Its: _____________________________
SNOWFLAKE TOWN
_______________________________
By: ____________________________
Its: _____________________________
TAYLOR TOWN
_______________________________
By: ____________________________
Its: _____________________________
WINSLOW CITY
_______________________________
By: ____________________________
Its: ____________________________
PIMA COUNTY CITIES & TOWNS
MARANA TOWN
_______________________________
By: ____________________________
Its: _____________________________
ORO VALLEY TOWN
_______________________________
By: ____________________________
Its: _____________________________
SAHUARITA TOWN
_______________________________
By: ____________________________
Its: _____________________________
SOUTH TUCSON CITY
_______________________________
By: ____________________________
Its: _____________________________
TUCSON CITY
_______________________________
By: ____________________________
Its: _____________________________
PINAL COUNTY CITIES & TOWNS
CASA GRANDE CITY
_______________________________
By: ____________________________
Its: _____________________________
COOLIDGE CITY
_______________________________
By: ____________________________
Its: _____________________________
ELOY CITY
_______________________________
By: ____________________________
Its: _____________________________
FLORENCE TOWN
_______________________________
By: ____________________________
Its: _____________________________
KEARNY TOWN
_______________________________
By: ____________________________
Its: _____________________________
MAMMOTH TOWN
_______________________________
By: ____________________________
Its: _____________________________
MARICOPA CITY
_______________________________
By: ____________________________
Its: _____________________________
SUPERIOR TOWN
_______________________________
By: ____________________________
Its: ___________________________
SANTA CRUZ COUNTY CITIES & TOWNS
NOGALES CITY
_______________________________
By: ____________________________
Its: _____________________________
PATAGONIA TOWN
_______________________________
By: ____________________________
Its: _____________________________
YAVAPAI COUNTY CITIES & TOWNS
CAMP VERDE TOWN
_______________________________
By: ____________________________
Its: _____________________________
CHINO VALLEY TOWN
_______________________________
By: ____________________________
Its: _____________________________
CLARKDALE TOWN
_______________________________
By: ____________________________
Its: _____________________________
COTTONWOOD CITY
_______________________________
By: ____________________________
Its: _____________________________
DEWEY-HUMBOLDT TOWN
_______________________________
By: ____________________________
Its: _____________________________
JEROME TOWN
_______________________________
By: ____________________________
Its: _____________________________
PRESCOTT CITY
_______________________________
By: ____________________________
Its: _____________________________
PRESCOTT VALLEY TOWN
_______________________________
By: ____________________________
Its: _____________________________
YUMA COUNTY CITIES & TOWNS
SAN LUIS CITY
_______________________________
By: ____________________________
Its: _____________________________
SOMERTON CITY
_______________________________
By: ____________________________
Its: _____________________________
WELLTON TOWN
_______________________________
By: ____________________________
Its: _____________________________
YUMA CITY
_______________________________
By: ____________________________
Its: _____________________________
Exhibit A
1
O P I O I D A B A T E M E N T S T R A T E G I E S
PART ONE: TREATMENT
A. TREAT OPIOID USE DISORDER (OUD)
Support treatment of Opioid Use Disorder (OUD) and any co-occurring Substance Use
Disorder or Mental Health (SUD/MH) conditions, co-usage, and/or co-addiction through
evidence-based, evidence-informed, or promising programs or strategies that may include,
but are not limited to, the following:
1. Expand availability of treatment for OUD and any co-occurring SUD/MH conditions,
co-usage, and/or co-addiction, including all forms of Medication-Assisted Treatment
(MAT) approved by the U.S. Food and Drug Administration.
2. Support and reimburse services that include the full American Society of Addiction
Medicine (ASAM) continuum of care for OUD and any co-occurring SUD/MH
conditions, co-usage, and/or co-addiction, including but not limited to:
a. Medication-Assisted Treatment (MAT);
b. Abstinence-based treatment;
c. Treatment, recovery, or other services provided by states, subdivisions,
community health centers; non-for-profit providers; or for-profit providers;
d. Treatment by providers that focus on OUD treatment as well as treatment by
providers that offer OUD treatment along with treatment for other SUD/MH
conditions, co-usage, and/or co-addiction; or
e. Evidence-informed residential services programs, as noted below.
3. Expand telehealth to increase access to treatment for OUD and any co-occurring
SUD/MH conditions, co-usage, and/or co-addiction, including MAT, as well as
counseling, psychiatric support, and other treatment and recovery support services.
4. Improve oversight of Opioid Treatment Programs (OTPs) to assure evidence-based,
evidence-informed, or promising practices such as adequate methadone dosing.
5. Support mobile intervention, treatment, and recovery services, offered by qualified
professionals and service providers, such as peer recovery coaches, for persons with
OUD and any co-occurring SUD/MH conditions, co-usage, and/or co-addiction and
for persons who have experienced an opioid overdose.
6. Support treatment of mental health trauma resulting from the traumatic experiences of
the opioid user (e.g., violence, sexual assault, human trafficking, or adverse childhood
experiences) and family members (e.g., surviving family members after an overdose
2
or overdose fatality), and training of health care personnel to identify and address such
trauma.
7. Support detoxification (detox) and withdrawal management services for persons with
OUD and any co-occurring SUD/MH conditions, co-usage, and/or co-addiction,
including medical detox, referral to treatment, or connections to other services or
supports.
8. Support training on MAT for health care providers, students, or other supporting
professionals, such as peer recovery coaches or recovery outreach specialists,
including telementoring to assist community-based providers in rural or underserved
areas.
9. Support workforce development for addiction professionals who work with persons
with OUD and any co-occurring SUD/MH conditions, co-usage, and/or co-addiction.
10. Provide fellowships for addiction medicine specialists for direct patient care,
instructors, and clinical research for treatments.
11. Provide funding and training for clinicians to obtain a waiver under the federal Drug
Addiction Treatment Act of 2000 (DATA 2000) to prescribe MAT for OUD, and
provide technical assistance and professional support to clinicians who have obtained
a DATA 2000 waiver.
12. Support the dissemination of web-based training curricula, such as the American
Academy of Addiction Psychiatry’s Provider Clinical Support Service-Opioids web-
based training curriculum and motivational interviewing.
13. Support the development and dissemination of new curricula, such as the American
Academy of Addiction Psychiatry’s Provider Clinical Support Service for
Medication-Assisted Treatment.
B. SUPPORT PEOPLE IN TREATMENT AND RECOVERY
Support people in treatment for and recovery from OUD and any co-occurring SUD/MH
conditions, co-usage, and/or co-addiction through evidence-based, evidence-informed, or
promising programs or strategies that may include, but are not limited to, the following:
1. Provide the full continuum of care of recovery services for OUD and any co-occurring
SUD/MH conditions, co-usage, and/or co-addiction, including supportive housing,
residential treatment, medical detox services, peer support services and counseling,
community navigators, case management, and connections to community-based
services.
2. Provide counseling, peer-support, recovery case management and residential
treatment with access to medications for those who need it to persons with OUD and
any co-occurring SUD/MH conditions, co-usage, and/or co-addiction.
3
3. Provide access to housing for people with OUD and any co-occurring SUD/MH
conditions, co-usage, and/or co-addiction, including supportive housing, recovery
housing, housing assistance programs, or training for housing providers.
4. Provide community support services, including social and legal services, to assist in
deinstitutionalizing persons with OUD and any co-occurring SUD/MH conditions, co-
usage, and/or co-addiction.
5. Support or expand peer-recovery centers, which may include support groups, social
events, computer access, or other services for persons with OUD and any co-occurring
SUD/MH conditions, co-usage, and/or co-addiction.
6. Provide employment training or educational services for persons in treatment for or
recovery from OUD and any co-occurring SUD/MH conditions, co-usage, and/or co-
addiction.
7. Identify successful recovery programs such as physician, pilot, and college recovery
programs, and provide support and technical assistance to increase the number and
capacity of high-quality programs to help those in recovery.
8. Engage non-profits, faith-based communities, and community coalitions to support
people in treatment and recovery and to support family members in their efforts to
manage the opioid user in the family.
9. Provide training and development of procedures for government staff to appropriately
interact and provide social and other services to current and recovering opioid users,
including reducing stigma.
10. Support stigma reduction efforts regarding treatment and support for persons with
OUD, including reducing the stigma on effective treatment.
C. CONNECT PEOPLE WHO NEED HELP TO THE HELP THEY NEED
(CONNECTIONS TO CARE)
Provide connections to care for people who have – or are at risk of developing – OUD and
any co-occurring SUD/MH conditions, co-usage, and/or co-addiction through evidence-
based, evidence-informed, or promising programs or strategies that may include, but are not
limited to, the following:
1. Ensure that health care providers are screening for OUD and other risk factors and
know how to appropriately counsel and treat (or refer if necessary) a patient for OUD
treatment.
2. Support Screening, Brief Intervention and Referral to Treatment (SBIRT) programs to
reduce the transition from use to disorders.
3. Provide training and long-term implementation of SBIRT in key systems (health,
schools, colleges, criminal justice, and probation), with a focus on youth and young
adults when transition from misuse to opioid disorder is common.
4
4. Purchase automated versions of SBIRT and support ongoing costs of the technology.
5. Support training for emergency room personnel treating opioid overdose patients on
post-discharge planning, including community referrals for MAT, recovery case
management or support services.
6. Support hospital programs that transition persons with OUD and any co-occurring
SUD/MH conditions, co-usage, and/or co-addiction, or persons who have experienced
an opioid overdose, into community treatment or recovery services through a bridge
clinic or similar approach.
7. Support crisis stabilization centers that serve as an alternative to hospital emergency
departments for persons with OUD and any co-occurring SUD/MH conditions, co-
usage, and/or co-addiction or persons that have experienced an opioid overdose.
8. Support the work of Emergency Medical Systems, including peer support specialists,
to connect individuals to treatment or other appropriate services following an opioid
overdose or other opioid-related adverse event.
9. Provide funding for peer support specialists or recovery coaches in emergency
departments, detox facilities, recovery centers, recovery housing, or similar settings;
offer services, supports, or connections to care to persons with OUD and any co-
occurring SUD/MH conditions, co-usage, and/or co-addiction or to persons who have
experienced an opioid overdose.
10. Provide funding for peer navigators, recovery coaches, care coordinators, or care
managers that offer assistance to persons with OUD and any co-occurring SUD/MH
conditions, co-usage, and/or co-addiction or to persons who have experienced on
opioid overdose.
11. Create or support school-based contacts that parents can engage with to seek
immediate treatment services for their child; and support prevention, intervention,
treatment, and recovery programs focused on young people.
12. Develop and support best practices on addressing OUD in the workplace.
13. Support assistance programs for health care providers with OUD.
14. Engage non-profits and the faith community as a system to support outreach for
treatment.
15. Support centralized call centers that provide information and connections to
appropriate services and supports for persons with OUD and any co-occurring
SUD/MH conditions, co-usage, and/or co-addiction.
16. Create or support intake and call centers to facilitate education and access to
treatment, prevention, and recovery services for persons with OUD and any co-
occurring SUD/MH conditions, co-usage, and/or co-addiction.
5
17. Develop or support a National Treatment Availability Clearinghouse – a
multistate/nationally accessible database whereby health care providers can list
locations for currently available in-patient and out-patient OUD treatment services
that are accessible on a real-time basis by persons who seek treatment.
D. ADDRESS THE NEEDS OF CRIMINAL-JUSTICE-INVOLVED PERSONS
Address the needs of persons with OUD and any co-occurring SUD/MH conditions, co-
usage, and/or co-addiction who are involved – or are at risk of becoming involved – in the
criminal justice system through evidence-based, evidence-informed, or promising programs
or strategies that may include, but are not limited to, the following:
1. Support pre-arrest or post-arrest diversion and deflection strategies for persons with
OUD and any co-occurring SUD/MH conditions, co-usage, and/or co-addiction,
including established strategies such as:
a. Self-referral strategies such as the Angel Programs or the Police Assisted
Addiction Recovery Initiative (PAARI);
b. Active outreach strategies such as the Drug Abuse Response Team (DART)
model;
c. “Naloxone Plus” strategies, which work to ensure that individuals who have
received naloxone to reverse the effects of an overdose are then linked to
treatment programs or other appropriate services;
d. Officer prevention strategies, such as the Law Enforcement Assisted Diversion
(LEAD) model;
e. Officer intervention strategies such as the Leon County, Florida Adult Civil
Citation Network or the Chicago Westside Narcotics Diversion to Treatment
Initiative;
f. Co-responder and/or alternative responder models to address OUD-related 911
calls with greater SUD expertise and to reduce perceived barriers associated with
law enforcement 911 responses; or
g. County prosecution diversion programs, including diversion officer salary, only
for counties with a population of 50,000 or less. Any diversion services in matters
involving opioids must include drug testing, monitoring, or treatment.
2. Support pre-trial services that connect individuals with OUD and any co-occurring
SUD/MH conditions, co-usage, and/or co-addiction to evidence-informed treatment,
including MAT, and related services.
3. Support treatment and recovery courts for persons with OUD and any co-occurring
SUD/MH conditions, co-usage, and/or co-addiction, but only if these courts provide
referrals to evidence-informed treatment, including MAT.
6
4. Provide evidence-informed treatment, including MAT, recovery support, or other
appropriate services to individuals with OUD and any co-occurring SUD/MH
conditions, co-usage, and/or co-addiction who are incarcerated in jail or prison.
5. Provide evidence-informed treatment, including MAT, recovery support, or other
appropriate services to individuals with OUD and any co-occurring SUD/MH
conditions, co-usage, and/or co-addiction who are leaving jail or prison have recently
left jail or prison, are on probation or parole, are under community corrections
supervision, or are in re-entry programs or facilities.
6. Support critical time interventions (CTI), particularly for individuals living with dual-
diagnosis OUD/serious mental illness, and services for individuals who face
immediate risks and service needs and risks upon release from correctional settings.
7. Provide training on best practices for addressing the needs of criminal-justice-
involved persons with OUD and any co-occurring SUD/MH conditions, co-usage,
and/or co-addiction to law enforcement, correctional, or judicial personnel or to
providers of treatment, recovery, case management, or other services offered in
connection with any of the strategies described in this section.
E. ADDRESS THE NEEDS OF PREGNANT OR PARENTING WOMEN AND
THEIR FAMILIES, INCLUDING BABIES WITH NEONATAL ABSTINENCE
SYNDROME
Address the needs of pregnant or parenting women with OUD and any co-occurring
SUD/MH conditions, co-usage, and/or co-addiction, and the needs of their families, including
babies with neonatal abstinence syndrome, through evidence-based, evidence-informed, or
promising programs or strategies that may include, but are not limited to, the following:
1. Support evidence-based, evidence-informed, or promising treatment, including MAT,
recovery services and supports, and prevention services for pregnant women – or
women who could become pregnant – who have OUD and any co-occurring SUD/MH
conditions, co-usage, and/or co-addiction, and other measures to educate and provide
support to families affected by Neonatal Abstinence Syndrome.
2. Provide training for obstetricians or other healthcare personnel that work with
pregnant women and their families regarding treatment of OUD and any co-occurring
SUD/MH conditions, co-usage, and/or co-addiction.
3. Provide training to health care providers who work with pregnant or parenting women
on best practices for compliance with federal requirements that children born with
Neonatal Abstinence Syndrome get referred to appropriate services and receive a plan
of safe care.
4. Provide enhanced support for children and family members suffering trauma as a
result of addiction in the family; and offer trauma-informed behavioral health
treatment for adverse childhood events.
7
5. Offer enhanced family supports and home-based wrap-around services to persons with
OUD and any co-occurring SUD/MH conditions, co-usage, and/or co-addiction,
including but not limited to parent skills training.
6. Support for Children’s Services – Fund additional positions and services, including
supportive housing and other residential services, relating to children being removed
from the home and/or placed in foster care due to custodial opioid use.
PART TWO: PREVENTION
F. PREVENT OVER-PRESCRIBING AND ENSURE APPROPRIATE
PRESCRIBING AND DISPENSING OF OPIOIDS
Support efforts to prevent over-prescribing and ensure appropriate prescribing and dispensing
of opioids through evidence-based, evidence-informed, or promising programs or strategies
that may include, but are not limited to, the following:
1. Training for health care providers regarding safe and responsible opioid prescribing,
dosing, and tapering patients off opioids.
2. Academic counter-detailing to educate prescribers on appropriate opioid prescribing.
3. Continuing Medical Education (CME) on appropriate prescribing of opioids.
4. Support for non-opioid pain treatment alternatives, including training providers to
offer or refer to multi-modal, evidence-informed treatment of pain.
5. Support enhancements or improvements to Prescription Drug Monitoring Programs
(PDMPs), including but not limited to improvements that:
a. Increase the number of prescribers using PDMPs;
b. Improve point-of-care decision-making by increasing the quantity, quality, or
format of data available to prescribers using PDMPs or by improving the
interface that prescribers use to access PDMP data, or both; or
c. Enable states to use PDMP data in support of surveillance or intervention
strategies, including MAT referrals and follow-up for individuals identified
within PDMP data as likely to experience OUD.
6. Development and implementation of a national PDMP – Fund development of a
multistate/national PDMP that permits information sharing while providing
appropriate safeguards on sharing of private health information, including but not
limited to:
a. Integration of PDMP data with electronic health records, overdose episodes,
and decision support tools for health care providers relating to OUD.
8
b. Ensuring PDMPs incorporate available overdose/naloxone deployment data,
including the United States Department of Transportation’s Emergency
Medical Technician overdose database.
7. Increase electronic prescribing to prevent diversion or forgery.
8. Educate Dispensers on appropriate opioid dispensing.
G. PREVENT MISUSE OF OPIOIDS
Support efforts to discourage or prevent misuse of opioids through evidence-based, evidence-
informed, or promising programs or strategies that may include, but are not limited to, the
following:
1. Corrective advertising or affirmative public education campaigns based on evidence.
2. Public education relating to drug disposal.
3. Drug take-back disposal or destruction programs.
4. Fund community anti-drug coalitions that engage in drug prevention efforts.
5. Support community coalitions in implementing evidence-informed prevention, such
as reduced social access and physical access, stigma reduction – including staffing,
educational campaigns, support for people in treatment or recovery, or training of
coalitions in evidence-informed implementation, including the Strategic Prevention
Framework developed by the U.S. Substance Abuse and Mental Health Services
Administration (SAMHSA).
6. Engage non-profits and faith-based communities as systems to support prevention.
7. Support evidence-informed school and community education programs and
campaigns for students, families, school employees, school athletic programs, parent-
teacher and student associations, and others.
8. School-based or youth-focused programs or strategies that have demonstrated
effectiveness in preventing drug misuse and seem likely to be effective in preventing
the uptake and use of opioids.
9. Support community-based education or intervention services for families, youth, and
adolescents at risk for OUD and any co-occurring SUD/MH conditions, co-usage,
and/or co-addiction.
10. Support evidence-informed programs or curricula to address mental health needs of
young people who may be at risk of misusing opioids or other drugs, including
emotional modulation and resilience skills.
11. Support greater access to mental health services and supports for young people,
including services and supports provided by school nurses or other school staff, to
9
address mental health needs in young people that (when not properly addressed)
increase the risk of opioid or other drug misuse.
H. PREVENT OVERDOSE DEATHS AND OTHER HARMS
Support efforts to prevent or reduce overdose deaths or other opioid-related harms through
evidence-based, evidence-informed, or promising programs or strategies that may include,
but are not limited to, the following:
1. Increase availability and distribution of naloxone and other drugs that treat overdoses
for first responders, overdose patients, opioid users, families and friends of opioid
users, schools, community navigators and outreach workers, drug offenders upon
release from jail/prison, or other members of the general public.
2. Provision by public health entities of free naloxone to anyone in the community,
including but not limited to provision of intra-nasal naloxone in settings where other
options are not available or allowed.
3. Training and education regarding naloxone and other drugs that treat overdoses for
first responders, overdose patients, patients taking opioids, families, schools, and
other members of the general public.
4. Enable school nurses and other school staff to respond to opioid overdoses, and
provide them with naloxone, training, and support.
5. Expand, improve, or develop data tracking software and applications for
overdoses/naloxone revivals.
6. Public education relating to emergency responses to overdoses.
7. Public education relating to immunity and Good Samaritan laws.
8. Educate first responders regarding the existence and operation of immunity and Good
Samaritan laws.
9. Expand access to testing and treatment for infectious diseases such as HIV and
Hepatitis C resulting from intravenous opioid use.
10. Support mobile units that offer or provide referrals to treatment, recovery supports,
health care, or other appropriate services to persons that use opioids or persons with
OUD and any co-occurring SUD/MH conditions, co-usage, and/or co-addiction.
11. Provide training in treatment and recovery strategies to health care providers,
students, peer recovery coaches, recovery outreach specialists, or other professionals
that provide care to persons who use opioids or persons with OUD and any co-
occurring SUD/MH conditions, co-usage, and/or co-addiction.
12. Support screening for fentanyl in routine clinical toxicology testing.
10
PART THREE: OTHER STRATEGIES
I. FIRST RESPONDERS
In addition to items C8, D1 through D7, H1, H3, and H8, support the following:
1. Current and future law enforcement expenditures relating to the opioid epidemic.
2. Educate law enforcement or other first responders regarding appropriate practices and
precautions when dealing with fentanyl or other drugs.
J. LEADERSHIP, PLANNING AND COORDINATION
Support efforts to provide leadership, planning, and coordination to abate the opioid epidemic
through activities, programs, or strategies that may include, but are not limited to, the
following:
1. Community regional planning to identify goals for reducing harms related to the
opioid epidemic, to identify areas and populations with the greatest needs for
treatment intervention services, or to support other strategies to abate the opioid
epidemic described in this opioid abatement strategy list.
2. A government dashboard to track key opioid-related indicators and supports as
identified through collaborative community processes.
3. Invest in infrastructure or staffing at government or not-for-profit agencies to support
collaborative, cross-system coordination with the purpose of preventing
overprescribing, opioid misuse, or opioid overdoses, treating those with OUD and any
co-occurring SUD/MH conditions, co-usage, and/or co-addiction, supporting them in
treatment or recovery, connecting them to care, or implementing other strategies to
abate the opioid epidemic described in this opioid abatement strategy list.
4. Provide resources to staff government oversight and management of opioid abatement
programs.
K. TRAINING
In addition to the training referred to in various items above, support training to abate the
opioid epidemic through activities, programs, or strategies that may include, but are not
limited to, the following:
1. Provide funding for staff training or networking programs and services to improve the
capability of government, community, and not-for-profit entities to abate the opioid
crisis.
2. Invest in infrastructure and staffing for collaborative cross-system coordination to
prevent opioid misuse, prevent overdoses, and treat those with OUD and any co-
occurring SUD/MH conditions, co-usage, and/or co-addiction, or implement other
11
strategies to abate the opioid epidemic described in this opioid abatement strategy list
(e.g., health care, primary care, pharmacies, PDMPs, etc.).
L. RESEARCH
Support opioid abatement research that may include, but is not limited to, the following:
1. Monitoring, surveillance, and evaluation of programs and strategies described in this
opioid abatement strategy list.
2. Research non-opioid treatment of chronic pain.
3. Research on improved service delivery for modalities such as SBIRT that demonstrate
promising but mixed results in populations vulnerable to opioid use disorders.
4. Research on innovative supply-side enforcement efforts such as improved detection of
mail-based delivery of synthetic opioids.
5. Expanded research on swift/certain/fair models to reduce and deter opioid misuse
within criminal justice populations that build upon promising approaches used to
address other substances (e.g. Hawaii HOPE and Dakota 24/7).
6. Research on expanded modalities such as prescription methadone that can expand
access to MAT.
Exhibit B
County/Region Percentage of LG Share
APACHE 0.690%
COCHISE 1.855%
COCONINO 1.688%
GILA 1.142%
GRAHAM 0.719%
GREENLEE 0.090%
LA PAZ 0.301%
MARICOPA 57.930%
MOHAVE 4.898%
NAVAJO 1.535%
PIMA 18.647%
PINAL 3.836%
SANTA CRUZ 0.370%
YAVAPAI 4.291%
YUMA 2.008%
Allocation to Arizona Counties/Regions
Exhibit B
Exhibit C
Government Name County Name State Name Government Type Census ID Intra-county Allocation (%) Based on
Past Spending
APACHE COUNTY
APACHE COUNTY Apache County ARIZONA County 3100100100000 56.63%
EAGAR TOWN Apache County ARIZONA City 3200100100000 20.66%
SPRINGERVILLE TOWN Apache County ARIZONA City 3200100300000 10.73%
ST JOHNS CITY Apache County ARIZONA City 3200100200000 11.98%
COCHISE COUNTY
COCHISE COUNTY Cochise County ARIZONA County 3100200200000 63.47%
BENSON CITY Cochise County ARIZONA City 3200200100000 3.52%
BISBEE CITY Cochise County ARIZONA City 3200200200000 3.47%
DOUGLAS CITY Cochise County ARIZONA City 3200200300000 8.44%
HUACHUCA CITY TOWN Cochise County ARIZONA City 3200250100000 0.91%
SIERRA VISTA CITY Cochise County ARIZONA City 3200200400000 16.63%
TOMBSTONE CITY Cochise County ARIZONA City 3200200500000 1.16%
WILLCOX CITY Cochise County ARIZONA City 3200200600000 2.39%
COCONINO COUNTY
COCONINO COUNTY Coconino County ARIZONA County 3100300300000 71.16%
FLAGSTAFF CITY Coconino County ARIZONA City 3200300100000 18.45%
FREDONIA TOWN Coconino County ARIZONA City 3200300300000 0.31%
PAGE CITY Coconino County ARIZONA City 3200390100000 3.41%
SEDONA CITY Coconino County ARIZONA City 3201340200000 4.09%
TUSAYAN TOWN Coconino County ARIZONA City 3200310100000 0.67%
WILLIAMS CITY Coconino County ARIZONA City 3200300200000 1.92%
GILA COUNTY
GILA COUNTY Gila County ARIZONA County 3100400400000 68.13%
GLOBE CITY Gila County ARIZONA City 3200400100000 10.23%
HAYDEN TOWN Gila County ARIZONA City 3200450100000 2.31%
MIAMI TOWN Gila County ARIZONA City 3200400200000 2.71%
PAYSON TOWN Gila County ARIZONA City 3200490100000 16.17%
STAR VALLEY TOWN Gila County ARIZONA City 3200410100000 0.35%
WINKELMAN TOWN Gila County ARIZONA City 3200400300000 0.10%
GRAHAM COUNTY
GRAHAM COUNTY Graham County ARIZONA County 3100500500000 62.26%
PIMA TOWN Graham County ARIZONA City 3200500100000 2.22%
Exhibit C
SAFFORD CITY Graham County ARIZONA City 3200500200000 26.83%
THATCHER TOWN Graham County ARIZONA City 3200500300000 8.68%
GREENLEE COUNTY
GREENLEE COUNTY Greenlee County ARIZONA County 3100600600000 88.29%
CLIFTON TOWN Greenlee County ARIZONA City 3200600100000 11.43%
DUNCAN TOWN Greenlee County ARIZONA City 3200600200000 0.28%
LA PAZ COUNTY
LA PAZ COUNTY La Paz County ARIZONA County 3101501500000 88.71%
PARKER TOWN La Paz County ARIZONA City 3201560100000 5.19%
QUARTZSITE TOWN La Paz County ARIZONA City 3201540100000 6.11%
MARICOPA COUNTY
MARICOPA COUNTY Maricopa County ARIZONA County 3100700700000 51.53%
APACHE JUNCTION CITY Maricopa County ARIZONA City 3201160100000 0.38%
AVONDALE CITY Maricopa County ARIZONA City 3200700100000 0.98%
BUCKEYE TOWN Maricopa County ARIZONA City 3200700200000 0.46%
CAREFREE TOWN Maricopa County ARIZONA City 3200740100000 0.04%
CAVE CREEK TOWN Maricopa County ARIZONA City 3200740200000 0.06%
CHANDLER CITY Maricopa County ARIZONA City 3200700300000 2.86%
EL MIRAGE CITY Maricopa County ARIZONA City 3200700400000 0.39%
FOUNTAIN HILLS TOWN Maricopa County ARIZONA City 3200740400000 0.17%
GILA BEND TOWN Maricopa County ARIZONA City 3200770100000 0.03%
GILBERT TOWN Maricopa County ARIZONA City 3200700500000 1.71%
GLENDALE CITY Maricopa County ARIZONA City 3200700600000 2.63%
GOODYEAR CITY Maricopa County ARIZONA City 3200700700000 0.76%
GUADALUPE TOWN Maricopa County ARIZONA City 3200790100000 0.00%
LITCHFIELD PARK CITY Maricopa County ARIZONA City 3200740300000 0.04%
MESA CITY Maricopa County ARIZONA City 3200700800000 6.06%
PARADISE VALLEY TOWN Maricopa County ARIZONA City 3200750100000 0.34%
PEORIA CITY Maricopa County ARIZONA City 3200700900000 1.51%
PHOENIX CITY Maricopa County ARIZONA City 3200701000000 21.28%
QUEEN CREEK TOWN Maricopa County ARIZONA City 3200740500000 0.11%
SCOTTSDALE CITY Maricopa County ARIZONA City 3200701100000 3.99%
SURPRISE CITY Maricopa County ARIZONA City 3200750200000 0.98%
TEMPE CITY Maricopa County ARIZONA City 3200701200000 3.27%
TOLLESON CITY Maricopa County ARIZONA City 3200701300000 0.27%
WICKENBURG TOWN Maricopa County ARIZONA City 3200701400000 0.10%
YOUNGTOWN TOWN Maricopa County ARIZONA City 3200750300000 0.05%
MOHAVE COUNTY
MOHAVE COUNTY Mohave County ARIZONA County 3100800800000 62.51%
BULLHEAD CITY CITY Mohave County ARIZONA City 3200840100000 13.10%
COLORADO CITY TOWN Mohave County ARIZONA City 3200840200000 0.61%
KINGMAN CITY Mohave County ARIZONA City 3200800100000 9.91%
LAKE HAVASU CITY CITY Mohave County ARIZONA City 3200860100000 13.87%
NAVAJO COUNTY
NAVAJO COUNTY Navajo County ARIZONA County 3100900900000 70.29%
HOLBROOK CITY Navajo County ARIZONA City 3200900100000 3.75%
PINETOP-LAKESIDE TOWN Navajo County ARIZONA City 3200940100000 4.75%
SHOW LOW CITY Navajo County ARIZONA City 3200900200000 9.39%
SNOWFLAKE TOWN Navajo County ARIZONA City 3200900300000 2.94%
TAYLOR TOWN Navajo County ARIZONA City 3200980100000 2.68%
WINSLOW CITY Navajo County ARIZONA City 3200900400000 6.19%
PIMA COUNTY
PIMA COUNTY Pima County ARIZONA County 3101001000000 72.19%
MARANA TOWN Pima County ARIZONA City 3201090200000 2.06%
ORO VALLEY TOWN Pima County ARIZONA City 3201090100000 1.72%
SAHUARITA TOWN Pima County ARIZONA City 3201020100000 0.81%
SOUTH TUCSON CITY Pima County ARIZONA City 3201000100000 0.31%
TUCSON CITY Pima County ARIZONA City 3201000200000 22.91%
PINAL COUNTY
PINAL COUNTY Pinal County ARIZONA County 3101101100000 53.01%
CASA GRANDE CITY Pinal County ARIZONA City 3201100100000 5.54%
COOLIDGE CITY Pinal County ARIZONA City 3201100200000 1.68%
ELOY CITY Pinal County ARIZONA City 3201100300000 34.98%
FLORENCE TOWN Pinal County ARIZONA City 3201100400000 1.19%
KEARNY TOWN Pinal County ARIZONA City 3201150100000 0.28%
MAMMOTH TOWN Pinal County ARIZONA City 3201150200000 0.16%
MARICOPA CITY Pinal County ARIZONA City 3201110100000 2.73%
SUPERIOR TOWN Pinal County ARIZONA City 3201190100000 0.44%
SANTA CRUZ COUNTY
SANTA CRUZ COUNTY Santa Cruz County ARIZONA County 3101201200000 76.78%
NOGALES CITY Santa Cruz County ARIZONA City 3201200100000 22.55%
PATAGONIA TOWN Santa Cruz County ARIZONA City 3201200200000 0.67%
YAVAPAI COUNTY
YAVAPAI COUNTY Yavapai County ARIZONA County 3101301300000 69.31%
CAMP VERDE TOWN Yavapai County ARIZONA City 3201340100000 0.97%
CHINO VALLEY TOWN Yavapai County ARIZONA City 3201380100000 0.68%
CLARKDALE TOWN Yavapai County ARIZONA City 3201350100000 0.72%
COTTONWOOD CITY Yavapai County ARIZONA City 3201350200000 4.89%
DEWEY-HUMBOLDT TOWN Yavapai County ARIZONA City 3201310100000 1.54%
JEROME TOWN Yavapai County ARIZONA City 3201300100000 0.03%
PRESCOTT CITY Yavapai County ARIZONA City 3201300200000 13.79%
PRESCOTT VALLEY TOWN Yavapai County ARIZONA City 3201360100000 8.09%
YUMA COUNTY
YUMA COUNTY Yuma County ARIZONA County 3101401400000 66.03%
SAN LUIS CITY Yuma County ARIZONA City 3201460100000 4.80%
SOMERTON CITY Yuma County ARIZONA City 3201400200000 2.24%
WELLTON TOWN Yuma County ARIZONA City 3201480100000 0.61%
YUMA CITY Yuma County ARIZONA City 3201400300000 26.32%
Exhibit D
Percent
Participation of
Cities
Award
0 0%
5 2%
10 4%
15 6%
20 8%
25 10%
30 12%
35 14%
40 16%
45 18%
50 20%
55 22%
60 24%
65 26%
70 28%
75 30%
80 32%
85 34%
90 36%
95 38%
100 40%
Exhibit D