80°F
weather icon Cloudy

City asks judge to reconsider fuel tankers’ use

The city attorney is asking a district court judge to reconsider a motion allowing a Boulder City Municipal Airport operator to use tractor-trailers to dispense fuel.

On March 31, City Attorney Steve Morris filed the motion in Nevada’s Eighth District Court asking Judge Timothy C. Williams to reconsider his approval of a preliminary injunction allowing BFE LLC to dispense fuel from two 10,000-gallon mobile refueling trailers while the company’s complaint against the city is decided.

In his motion, Morris wrote that he was asking Williams to reconsider because “BFE’s unpermitted use of the tanker poses a substantial risk for public safety based on their proximity to public use buildings, multiple fuel and passenger-laden aircraft, and location on terrain which slopes toward those areas.”

He also wrote that Williams’ order “inappropriately overrides the Fire Chief’s authority, judgment and duty to protect the public from such hazards under Nevada law.”

Additionally, Morris wrote that a “significantly greater fire-fighting capacity” is needed to deal with this type of trailer that is used at other airports for larger planes.

“The City simply does not have this capability and must therefore restrict the amount of fuel in approved mobile delivery trucks at the airport,” he wrote.

Robert Fahnestock, owner of BFE, filed a complaint against the city and the Boulder City Fire Department in November after he was told he could not use the mobile trailers he had purchased to conduct fueling activities allowed under his lease.

He was told they violated the 2012 International Fire Code, airport rules and minimum standards, and his lease, which allows only underground fuel storage tanks.

In his March 13 order, Williams wrote that Section 5704.2.3 of the fire code defines tank storage as “the storage of flammable and combustible liquids in portable tanks whose capacity exceeds 660 gallons” and makes “no distinction between a 2,500 gallon and a 8,500 gallon or other mobile fuel tenders.”

“Hypothetically, all mobile tenders in use at the Boulder City Airport would violate the IFC because … they all have a capacity exceeding 660 gallons; and … they all are used to perform both refueling and storage functions,” he wrote.

Additionally, Williams described the city’s enforcement of fuel storage methods as “arbitrary and capricious.”

A hearing for Boulder City’s motion to reconsider is scheduled for 9:30 a.m. today, April 9.

Contact reporter Celia Shortt Goodyear at cgoodyear@bouldercityreview.com or at 702-586-9401. Follow her on Twitter @csgoodyear.

MOST READ
LISTEN TO THE TOP FIVE HERE
THE LATEST
Teamwork stressed for BC’s public schools

When walking into the Boulder City High School cafeteria last Wednesday, it was almost like stepping back in time nearly 100 years.

Lady Eagles have lofty season expectations

Featuring a roster full of key returnees, Boulder City High School girls volleyball is looking to make an extended postseason run this season.

Plenty of questions surround champs

Coming off a state championship, Boulder City High School girls tennis is coming into the season with some question marks.

 
Lake Mead sets a record low. It’s only the beginning

For a few hours on Friday, the reservoir that provides nearly all of Southern Nevada’s drinking water dipped to its lowest level ever since it was filled in the 1930s.

Giving back

Saturday evening, Calvary Chapel Boulder City hosted a back-to-school event at Veterans Memorial Park. There, free school supplies and clothing were given out to families. In addition, toys were raffled off, there were free hamburgers, live music and an appearance by the Boulder City Fire Department. Pastor Jason King said he was very happy with the turnout and wished to thank all of those who donated to the event.

Now, that’s a really good idea !

We generally expect our leaders to be educated, smart, and well-informed. More often than not, we support, elect, and follow those who appear to have an answer for everything. But good leaders don’t know everything. And the very best ones know that they don’t know everything.

Sound decisions keep Boulder City costs down

Boulder City residents occasionally ask how the city is able to have one of the lowest property tax rates in the state, and still provide needed functions such as police, fire, and public parks. In addition to land leases that provide 35% of our general fund budget, we also look at ways to keep costs down. As the city’s Purchasing, Grants and Risk manager for the last eight years, I have seen the city make decisions that keep us lean.

Renovation begins on former Milo’s

For those driving through town, it’s hard to miss work on what will be a new Italian eatery in a very iconic location of Restaurant Row, which was once owned and operated by the late Milo Hurst, who helped revitalize Boulder City’s downtown area.

Boulder Theatre to open its doors to events

Whether as a location for builders of Hoover Dam to escape the heat, a place to see movies with families, friends or a date, or a venue to enjoy ballet performances, the Boulder Theatre has been a favorite local historical landmark for nearly a century.