83°F
weather icon Clear

Judge OKs fuel tankers use

An operator at the Boulder City Municipal Airport can now use his tractor-trailers to dispense fuel, thanks to an order from a District Court judge.

On March 5, Judge Timothy C. Williams granted a motion for 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 District Court. He also described the city’s enforcement of fuel storage methods as “arbitrary and capricious.”

“As an aviator of over 40 years working to build the public’s trust with fuel sales, aircraft pilot/mechanic and all other FBO (fixed base operator) requests, it’s nice to read the judge’s findings under the facts of this case … and (that he) grants BFE’s motion for injunction,” said Robert Fahnestock, owner of BFE LLC.

Fahnestock filed a complaint against the city and the Boulder City Fire Department in November after he was told he could not use the mobile refueling trailers he had purchased to conduct fueling and refueling 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 minute order filed March 5, Williams wrote that the fire code defines tank storage as “the storage of flammable and combustible liquids in portable tanks whose capacity exceeds 660 gallons.”

“Hypothetically, all mobile fuel tenders in use at the Boulder City Airport would violate the IFC (International Fire Code),” he wrote. “Additionally, all vehicles categorized as mobile fuel tenders, whether they have the capacity of 2,500 to 8,500 gallons or more, are used to perform refueling and storage functions.”

“It is always disappointing when a judge, who by his own admission is not familiar with airport operations, fueling or the fire code, assumes the role of the fire marshal in interpreting and enforcing the fire code,” said City Attorney Steve Morris. “Public safety is and always will be the top priority of the city and, for the sake of public safety, the city intends to take procedural steps to overturn the erroneous interpretation of the fire code by Judge Williams.”

At at March 4 hearing regarding Fahnestock’s complaint and request for the injunction, his attorney Cami M. Perkins said Fahnestock could not in good conscience buy and dispense fuel from the city’s “unsafe fuel farm.”

Fahnestock said he had received documents about the city’s fuel farm’s safety inspections and found discrepancies in them. He sent them to an independent party, Aviation Training Academy, to audit the results, which also found discrepancies and safety concerns with the city’s fuel farm, including “failing to comply with various aviation industry standards.”

During the hearing, Morris referred to the unsafe claims as a “red herring.”

“It’s not accurate,” he said. “It’s not true.”

He also said BFE LLC was attempting to circumvent the airport’s rules.

No other hearings are scheduled, but Williams asked Perkins to submit an amended complaint and Morris to submit the city’s response before a final decision is issued.

“BFE is a tenant of the city of Boulder City through a sublease of over $15,000 per month plus another $3,000 in flowage fees and now I have just spent thousands defending my right to compete with a landlord, the city of Boulder City,” Fahnestock said. “The city manager and city attorney, my landlord and his attorney, have no excuse for losing or entering into this litigation and they have no idea how to run an airport. It’s time for the City Council to act.”

BFE LLC has been a fixed base operator at the airport for 13 years and would purchase fuel at the city’s self-service pumps at the airport, which was resold to customers for a profit.

In August 2018, the city restructured the operation and sold fuel directly to aviators.

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.