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home : latest news : d-h news November 24, 2015

7/30/2014 5:20:00 PM
Dewey-Humboldt Fireworks ordinance awaits definition on 'explosives'

Sue Tone

The Dewey-Humboldt town council discussed an ordinance prohibiting fireworks at its July 15 meeting, but couldn't agree on a section dealing with explosives, and sent the entire document back to the town attorney for revision and explanation.

Council member Jack Hamilton asked whether powder used in bullets would be considered explosive, and would someone need a permit? A town resident questioned whether "explosives" included black powder used in firearms. Without the powder, he said, it wouldn't be considered a firearm. He also asked how much powder constitutes a problem

- 10 pounds? 25 pounds?

Town Manager Yvonne Kimball said she asked the town attorney about the definition of explosives, and was told it was not necessary to have more than what is stated in the ordinance, which reads: "It is unlawful and a public nuisance for any person within the limits of the town to possess, blast or use powder or other explosive without a permit from the town, as reviewed and approved by the fire chief."

Council member Nancy Wright's motion to approve the ordinance dealing with fireworks and have the town attorney come back with the explosives section failed with a 3-3 vote. Council member Sonya Williams-Rowe was absent; members Hamilton, Wright and Vice Mayor Dennis Repan voted for the motion; members Mark McBrady, Arlene Alen and Mayor Terry Nolan voted against.

The fireworks portion prohibits the use of permissible consumer fireworks within town limits except from June 24-July 6 and Dec. 24-Jan.3, unless a federal or state agency implements Stage 1 fire restrictions in any portion of Yavapai County during any of the listed days.

Council voted 5-1 (Hamilton objecting as a "waste of money") to send the entire ordinance back to the town attorney for definition, revision and explanation.

In other business, the council voted unanimously to approve the town's accountability contract with the Dewey-Humboldt Historical Society, having allocated $7,200 ($600 per month reimbursement for rent) to the organization in FY 2014-2015 budget.

The contract with the Historical Society requires the Historical Museum to be open at least six hours per day for at least three days per week, and free admission to D-H residents.

In addition to the D-HHS, the town attorney also developed accountability contracts with the Agua Fria Festival Committee and the Mayer Area Meals on Wheels to allow the council to specify the use of the money budgeted to the groups - $5,000 and $2,500, respectively.

Council questioned whether the $5,000 allocation to the Agua Fria Festival Committee constituted a grant or a town sponsorship. One recent festival drew a profit of $7,500, which the festival committee gave to the town to put toward establishing and maintaining town parks. Hamilton said he thought of it more as a grant.

"If we get anything back, we can do with it what we want, not just put it into parks," he said.

Council discussed adding to the contract the language "any profit is to be split between the town and the Lions Club, with profits to the town spent in any way it wishes."

A motion to consider the $5,000 as a grant for the benefit of the community failed 3-3 with McBrady, Wright and Alen opposing.

Nolen pointed out that there is no guarantee from year to year that the festival will make a profit. The council unanimously approved a second motion to give $5,000 as a one-time grant with no expectations.

Discussion on the Mayer Meals on Wheels touched on having the organization provide proof of the number of meals delivered and asking for addresses of those residents who receive meals to make sure they lived within town boundaries.

Council unanimously approved a motion to supply MAMOW with a town map and ask for quarterly reports.

In other matters, the council also:

• Approved an IGA with the Arizona Department of Fire, Building and Safety Office of Manufactured Housing.

• Placed on the Aug. 5 agenda a discussion with the attorney on the legal aspects of filing ethics violations against council members and mayor during an election season.

• Went into executive session to discuss possible purchase of property for town use.

The next Dewey-Humboldt town council meeting takes place at 6:30 p.m. on Tuesday, Aug. 5, at the Town Hall, 2735 South Highway 69, Humboldt.

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