CITY OF WEST WENDOVER P.O. Box 2825 1111 N. Gene L. Jones Way West Wendover, NV 89883 Office (775) 664-3081 Fax (775) 664-3720 WEST WENDOVER CITY COUNCIL MINUTES OF THE REGULAR MEETING OF NOVEMBER 20, 2012 The West Wendover City Council met for a regular meeting on November 20, 2012. The meeting was held at the West Wendover City Hall, Council Chambers #137. Mayor Andersen presided until the swearing in of newly elected officials then Mayor Carter presided. Council Members Present: Saul Andrade, Roy Briggs, Emily Carter, Johnny Gorum, Izzy Gutierrez and Gerardo Rodriguez Others Present: Dixie Melville, Mike Crawford, Bonnie Gorton, Lettie Isaacs, Nancy Green, Brian Boatman, Jason Abrams, Fred White, Mayra Andrade, Kris Andersen, Lee Dean, Oralia Rodriguez, Jared Carter, John Spillman, Casey Snyder, Sandy Kelsey, Kelly Kelsey, Jeanette Connant, Ruben Velasquez, Anna Correa, Angelica Correa, Sonny Longson, Sandi Gunter, Chris Buxton, Jeff Knudtson, Michelle Giovo and Chris Melville The following proceedings were had. 1. CALL TO ORDER AND ROLL CALL Mayor Andersen called the meeting to order at 7:00 p.m. All those present and excused are noted above. 2. PLEDGE OF ALLEGIANCE Mayor Andersen led those present in the Pledge of Allegiance. 3. COMMENTS FROM THE GENERAL PUBLIC: Mike Crawford, Mayor of Wendover Utah, wanted to thank everyone for their help with the Thanksgiving dinner for the senior citizens. Casey Snyder stated that since he came in third at the election he would like to be considered for the vacant Council seat. Council Member Gutierrez asked Mr. Snyder if he realized he would still need to submit a letter for the appointment of the vacant Council seat. Casey stated that he would be submitting a letter. Council Member Gutierrez stated that he does support Mr. Snyder for the vacant Council seat. 4. *APPROVAL OF THE MINUTES: Council Member Briggs made the motion to approve the minutes of the regular meeting of November 6, 2012. The motion was seconded by Council Member Carter and passed unanimously. 5. SWEARING IN Newly Elected Officials Judge Reese Melville first swore in Emily Carter as Mayor and then swore in Saul Andrade and Gerardo Rodriguez as Council Members. 6. PRESENTATION Mayor Carter presented Council Member Gorum with a plaque for his years of service on the Council. Council Member Gutierrez presented Mayor Andersen with a plaque for his years of service as Mayor. 7. NEW BUSINESS The City of West Wendover is an equal opportunity provider.
*a. Discussion Regarding Letter from Nevada Public Utilities Commission Dated November 2, 2012 Concerning Emergency Fuel Supply for Wendover Gas Company and Other Matters Appropriately Related Thereto Chris Melville explained that the letter received from the Nevada Public Utilities Commission had to do with the emergency fuel supply and was not an action item just open for discussion. Chris stated that the letter could be discussed further with the next agenda item. 8. OLD BUSINESS *a. Discussion and Possible Decision to Provide Appropriate Authorization and Conditions for the City of West Wendover to Exercise Its Police Powers for the Health, Safety and Welfare of Its Citizens in the Event of a Crisis/Emergency Shortfall in the Delivery of Propane Gas Between October 16, 2012 and April 2, 2013 to the Citizens of West Wendover as it Relates to the Operating Limitations of Wendover Gas Company, and Other Matters Appropriately Related Thereto Chris Melville went through his memo, which explained the difference between Propane of Wendover and Wendover Gas Company, the Nevada Public Utilities Commission letter and the reason for the emergency protocols (see attached). General discussion was had regarding the emergency fuel protocols, how a lien would be handled, and how the purchase of emergency fuel is not the first step in purchasing the companies. Council Member Gutierrez asked if this agenda item would be setting a precedent for other companies. Chris explained that this would not be setting a precedent due to Wendover Propane being a public utility; and falling under the Public Utility Commission and the franchise agreement with the City. I, Roy Briggs move to provide appropriate authorization and the related terms and conditions for the City of West Wendover to exercise its Police Powers for the health, safety and welfare of its citizens in the event of a crises/emergency shortfall in the delivery of propane gas as further provided in the written motion and conditions document prepared by the City s Legal Counsel, which I will request now be read into the record by the City Manager, which will include the date of April 1, 2013. The motion was seconded by Council Member Andrade. Chris Melville read the motion into the record as follows: The City Council approves the purchase of an amount of propane product, at its own discretion, from a source of its own choosing, for the purpose of addressing a crisis/emergency shortfall in the delivery of propane to the citizens of West Wendover as follows: 1. Wendover Gas Co., the current gas company franchisee in the City, either through the Receiver or directly, must contact the staff of the Nevada Public Utilities Commission (NPUC) and advise the proper authorities of the facts and circumstances which prevents Wendover Gas Co. from meeting its obligations to supply propane to its West Wendover customers; 2. In the event staff of the NPUC concurs that the situation warrants a request of the City to exercise its powers to address the matter under its police powers for the health, safety and welfare of its citizens, the staff of NPUC shall advise the City of its assessment and the fact that a request has been made by Wendover Gas Co. (It is understood that the staff does not speak for the Commission); 3. Subject to the following, the Mayor is authorized, on a one time basis which may only occur at a point in time between the months of November 2012 to April 2013, to have the City procure propane in a sum not to exceed $1.87/gal for purchasing up to one full load to be delivered to Wendover Gas Co., for the use of customers residing in West Wendover, which are part of the utility governed by the City of West Wendover Franchise Ordinance, which sum shall be paid back to the City by Wendover Gas Co. as promptly as practical but no later than April 1, 2013 and shall be an immediately acknowledged debt to the City to be treated as follows, unless sooner paid in full: a. Prior to having such authorization, Wendover Gas Co. must enter a written agreement with the City consistent with all of the matters contained herein; b. In the event the City is no longer continuing negotiations to purchase Wendover Gas Co., the parties stipulate that the City may record a lien upon any assets of Propane of Wendover or Wendover Gas Co. for the sum paid by the City, which sum shall bear West Wendover City Council Minutes of the Regular Meeting November 20, 2012 Page 2 of 4
interest at the rate of 6% per annum until paid in full. Subject to approval required, if any, by the NPUC under NRS 704.329, the lien may be foreclosed as provided for in cases of mechanic s liens in NRS Chapter 108, except that any time limitations for filing of the Complaint for Foreclosure shall be waived; c. In the event the City is continuing negotiations to purchase Wendover Gas Co., the City may claim as an offset to the purchase price in the event of a completed sale a sum equal to the amount paid by the City together with interest at the rate of 6% per annum. If during the negotiations at any time the City Manager deems it prudent, the City may record a lien as described in condition b above to protect itself; d. The proper Court in Elko County, Nevada shall have sole jurisdiction and venue over any disputes or claims arising out of or related to this agreement; e. The Mayor must determine, based upon the representations by Wendover Gas Co. and the staff of the NPUC, that an exercise of police powers due to an emergency is warranted. The City Council defines an emergency in this regard to be a pressing necessity concerning the public health, safety and/or welfare out of the ordinary state of things which can only be remedied by the use of unusual expedient measures; f. Any other provisions required by the City Attorney s office to protect the City s interests; and, g. Either party may apply to the Court to make this agreement, or any portion thereof, an order of the Court in the present case, In The Matter of Wendover Gas Co. Case No. CV- C-08-849 Dept. No. 1 or any subsequently filed case or action arising out of or related to this agreement. 4. Wendover Gas Co. must seek further approval of an additional emergency protocol from the City Council if it experiences or anticipates more than one emergency during the time period authorized for the use of the protocol found herein. 5. Notwithstanding any provisions hereof to the contrary, this protocol or any subsequent agreement based thereon is subject to any applicable laws and regulations of the NPUC. This motion is contained in a writing previously prepared and if passed this document should be attached and/or incorporated into the minutes of this meeting. Council Member Gutierrez asked why provision 3c, which dealt with the negotiations to purchase Wendover Gas Company, was in the agreement if this was about purchasing emergency fuel. Chris explained that because the feasibility study had been ongoing and would begin again that there needed to be a provision in the agreement that dealt with how a lien would be handled if the event of a purchase. The motion was made by Council Member Briggs, seconded by Council Member Andrade and passed unanimously. 9. COMMUNICATIONS Chris Melville stated that the annual Christmas program at the City Hall would be November 30, 2012 starting at 5:30 p.m. Council Member Gutierrez thanked Ron Supp for his service to the community. Council Member Gutierrez stated that he just approved the emergency purchase of propane not the property or company. Council Member Briggs welcomed the new Council Members and Mayor; he looks forward to working with them. Council Member Briggs thanked Johnny Gorum for his years of dedicated service to the community. West Wendover City Council Minutes of the Regular Meeting November 20, 2012 Page 3 of 4
Council Member Rodriguez thanked everyone for having confidence in him and hopes to represent everyone. Council Member Andrade thanked everyone for voting for him and if they have any issues or concerns to come and talk to him. Mayor Carter wanted to thank Mayor Crawford for the senior citizen Thanksgiving dinner held earlier in the day. Mayor Carter thanked everyone for their support during the election. 10. *APPROVAL OF THE CLAIMS: Council Member Briggs made the motion to approve the claims for November 20, 2012 and October hand checks. The motion was seconded by Council Member Gutierrez and passed unanimously. 11. COMMENTS FROM THE GENERAL PUBLIC: Lettie Isaacs stated that she was here to show here support for Casey Snyder and felt he should be appointed to the vacant Council seat. Council Member Gutierrez and Council Member Rodriguez also feel that Casey Snyder should be appointed to the vacant Council seat. 12. *NEXT MEETING DATE AND ADJOURNMENT The next meeting date is a regular meeting on December 4, 2012 at 7:00 p.m. at the West Wendover City Hall, Council Chambers #137. Council Member Briggs made the motion to adjourn at 7:54 p.m. The motion was seconded by Council Member Gutierrez and passed unanimously. ATTEST: Anna E. Bartlome City Clerk/Records Officer West Wendover City Council Minutes of the Regular Meeting November 20, 2012 Page 4 of 4