NOVEMBER 20, 2008 NTA – MINUTES OF THE AGENDA MEETING

STATE OF NEVADA

DEPARTMENT OF BUSINESS AND INDUSTRY
NEVADA TRANSPORTATION AUTHORITY

MINUTES OF THE AGENDA MEETING HELD ON NOVEMBER 20, 2008

A duly authorized meeting of the Nevada Transportation Authority was held on Thursday, November 20, 2008 at 10:00 a.m. at the Authority’s Offices located at 2290 S. Jones Blvd., #110, Las Vegas, Nevada, and 1755 E. Plumb Lane, Ste. 216, Reno, Nevada.

Call to Order

Roll Call. Attending in Las Vegas were Chairman Andrew MacKay, Commissioner Michael Kloberdanz, Commissioner Monica Metz, Administrative Attorney Jim Day, Applications Manager Liz Babcock, Financial Analyst Yvonne Shelton, Financial Analyst Lidia Aronova, Chief Inspector Michael Bradford, Senior Deputy Attorney General David Newton, and Deputy Attorney General Christopher Eccles. Attending in Reno was Deputy Commissioner Marilyn Skibinski.

Pledge of Allegiance

**Approval of Agenda. Chairman MacKay asked that Item 10(c), the Application of Regent Holidays, Inc. be trailed to just prior to the Administrative Citations and Impoundments, Item 13(d), since it was anticipated that there would be lengthy discussion. The Authority voted 3-0 to approve the Agenda as amended.

**Approval of the Minutes of the October 16, 2008 Agenda Meeting. The Authority voted 3-0 to approve the October 16, 2008 Agenda Meeting Minutes.

Ground transportation trends and activity. No one present for comment. Commissioner Metz advised that the Las Vegas Convention and Visitors Authority had contacted Mr. Day to let him know they will be at the Authority’s regularly scheduled Agenda meeting and the CES Special Agenda meeting in December.

Briefings from the Commissioners.

Chairman MacKay welcomed Rob Reasoner, NTA’s Investigator, to the staff. The Chairman also reported that he and Commissioner Kloberdanz had recently attended a course on commercial driver’s licensing laws and regulations at the National Judicial College (“NJC”); noting that the course was very informative and worthwhile and that their attendance had been funded 100% by the Federal Motor Carrier Safety Administration. The Chairman additionally thanked Staff for all their hard work and expressed his appreciation.

Commissioner Kloberdanz echoed the Chairman’s comments regarding the NJC course and thanked Commissioner Metz for assuming an additional workload during their absence.

Briefing from the Deputy Commissioner

Deputy Commissioner Skibinski thanked the compliance and enforcement units, who have been shorthanded recently, particularly in light of the recent absence of a member of the Enforcement Staff due to special military leave. She appreciates all of the Staff’s efforts and thanked everyone for pitching in to help each other.

Report of Legal Counsel

Mr. Newton updated the Commissioners on two scheduled hearings pertaining to the NTA. On December 1st, a Motion to Dismiss the Petition for Judicial Review filed by Mr. Belssner will be heard. On December 3rd, the Petition for Judicial Review filed by Esquire Towing will be heard.

**Applications for Fully Regulated Carriers

Docket No. 07-11012 The Application of Earth Limousines, LLC dba Earth Limousines for a Certificate of Public Convenience and Necessity to provide charter limousine service in the State of Nevada. (MBM). Lou Castro and Brian Holthus were present on behalf of the Applicant. Commissioner Metz summarized the Application and recommended its approval. The Authority voted 3-0 to approve the Application.

Docket No. 08-09028 The Petition of Desert Fox Tours, Inc. to change their name to Bobcat Tours, Inc. for services conducted under Certificate of Public Convenience and Necessity (CPCN) 1043, Sub 3. Staff investigation concluded. Ms. Babcock summarized the Application and recommended its approval. The Authority voted 3-0 to approve the Application.

Docket No. 08-10019 In Re: The Application of Regent Holidays, Inc. to expand and modify the charter bus services authority granted under Certificate of Public Convenience and Necessity (CPCN) 2047 by adding airport transfer and special services. Applicant’s Request for interim/temporary approval of their Application due to exigent circumstances. Staff investigation of Request concluded. Trailed to be heard prior to the Administrative Citations and Impoundments.

**Financial Rates and Tariffs

Docket No. 08-10016 The Application of Omni Limousine Inc. for approval of a tariff rate modification for services conducted under Certificate of Public Convenience and Necessity (CPCN) 1026. Staff investigation concluded. Ms. Shelton summarized the Application and recommended its approval. The Authority voted 3-0 to approve the Application.

Docket No. 08-11005 The Application of Las Vegas Limousines, a Nevada Corporation, for approval of a tariff rate modification for services conducted under Certificate of Public Convenience and Necessity (CPCN) 2258, Sub 4. Staff investigation concluded. Neil Tomlinson, John Hickman, and John Sinagra were present on behalf of the Applicant. Ms. Shelton summarized the Application and recommended its approval. The Authority voted 3-0 to approve the Application.

**Petition for Reconsideration:

Citation 14057 issued to Jigssa Stephanos for violations of NAC 706.354 and NAC 706.194. Respondent’s Petition for Reconsideration of the Authority’s September 25, 2008 Order. (MBM)

Mr. Stephanos stated that he had been charged by the Authority for falsifying a trip sheet. Mr. Stephanos claimed that Lucky Limo shares responsibility for his violation because the company pressures its drivers to solicit passengers and provides falsified trip sheets to the drivers to help drivers avoid citations. Desiree Dante stated on behalf of Lucky Limo that Mr. Stephanos’ allegations were “completely false” and that the company would never jeopardize its reputation by condoning such activity. The company informs drivers of its “zero-tolerance” policy regarding soliciting at McCarran Airport. The company recently fired a dispatcher and several drivers who were utilizing fraudulent trip sheets.

Commissioner Metz summarized the procedural background in the matter, the various notices that had been sent to the Respondent, and the hearing that was conducted in his absence. She asked Mr. Stephanos why he had failed to appear at his hearing. Mr. Stephanos said he was out of town for a family emergency but had no evidence of the trip. Noting that Mr. Day had informed Mr. Stephonos that he would need to bring to the agenda meeting any evidence he might have regarding his failure to appear at hearing, Commissioner Metz indicated that she was not inclined to grant a rehearing on the matter.

The Authority voted 3-0 to deny the Respondent’s Petition for Reconsideration.

**Consent Items:

Applications for Certificates of Public Convenience and Necessity to Provide Tow Car Service

Docket No. 08-07032 The Application of Jose Joaquin Macias dba Around The Clock for a Certificate of Public Convenience and Necessity to provide tow car service by tow car within the State of Nevada. Jose Joaquin Macias was present on behalf of the Applicant. Ms. Babcock summarized the Application and recommended its approval. The Authority voted 3-0 to approve the Application.

Docket No. 08-09021 The Application of North Star Towing, LLC dba North Star Towing for a Certificate of Public Convenience and Necessity to provide tow car service by tow car within the State of Nevada. Clark Whitney and David Christensen were present on behalf of the Applicant. Ms. Babcock summarized the Application and recommended its approval. The Authority voted 3-0 to approve the Application.

Notice Only (No Action Required)

Docket No. 08-10010 The voluntary cancellation by Alfonso Ramirez dba Express Towing of Certificate of Public Convenience and Necessity (CPCN) 7218. Staff investigation concluded. Notice only.

Docket No. 08-10020 The voluntary cancellation by A-American Discount Towing, Inc. of Certificate of Public Convenience and Necessity (CPCN) 7163. Staff investigation concluded. Notice only.

Docket No. 08-11002 The voluntary cancellation by Luis Colondres dba All Town Towing of Certificate of Public Convenience and Necessity (CPCN) 7229. Staff investigation concluded. Notice only.

10(c)   Docket No. 08-10019 In Re: The Application of Regent Holidays, Inc. to expand and modify the charter bus services authority granted under Certificate of Public Convenience and Necessity (CPCN) 2047 by adding airport transfer and special services. Applicant’s Request for interim/temporary approval of their Application due to exigent circumstances. Staff investigation of Request concluded. Jason Chen, owner, and Debra Poulter, Project/Marketing Manager, appeared on behalf of the Applicant. Pablo Encinias appeared on behalf of the Applicant as a consultant. Testifying in favor of the Petition were William Kohbarger, Pahrump Town Manager; Don Rust, Pahrump Town Board Member; and Debra Dauenhauer, Executive Director, Southern Nevada Transit Coalition. There were also 17 citizens of Pahrump present at the meeting in support of the proposed transportation service. The Applicant and its witnesses provided the following testimony and evidence in support of the Petition:
·   A transportation needs assessment conducted in 2005 indicated the need for commuter-based transportation serving Pahrump. In recent years there has been sustained and significant population growth in and around Pahrump.
·   There is a large senior population in Pahrump requiring regular and affordable transportation to and from Las Vegas for purposes of visiting family members, accessing McCarran International Airport, shopping, and visiting hospitals, doctors and other healthcare providers.
·   Currently the Pahrump ambulance service is frequently utilized to transport Pahrump residents to and from Las Vegas for routine doctor and outpatient hospital visits. The approval of the Petition would assure that ambulance service is consistently available for emergency transport.
·   Many Pahrump residents lack reliable transportation.
·   The route between Las Vegas and Pahrump—particularly Blue Diamond Road—is very congested and presents challenging driving conditions. The approval of the Petition would help to alleviate traffic congestion while providing a safe transportation option.
·   No affordable public transportation or round trip airport transport service is currently available between Pahrump, Nevada and Las Vegas, Nevada.
·   The passenger response to the commuter service between Pahrump, Nevada and Las Vegas, Nevada, which operated for one week in June of 2007, was overwhelming.
·   The need for a safe and affordable transportation option between Pahrump and Las Vegas has been unmet for several years.

Authority Staff had no objections to the Applicant’s Petition. Staff, by and through Applications Manager Liz Babcock, testified that Regent Holidays, Inc. is an established charter bus operator in good standing with the NTA, having obtained their Certificate of Public Convenience and Necessity in the year 2000. Ms. Babcock also indicated that Staff had verified the corporate entity filings and completed a cursory review of the Applicant’s June 30, 2008 financial statement submitted with the initial application. The unverified financial data on the Applicant’s balance sheet reflected a 5.7:1 current ratio and 44% equity. NTA Compliance Audit Staff performed an operational inspection on the charter bus operations of the Applicant on November 6, 2008, including a review of maintenance records and driver qualification files, and found the files to be in compliance with all applicable statutes and regulations. The Applicant proposes to use a total of 3 vehicles under the temporary authority.

Staff requested that if the Authority granted interim/temporary authority, the maximum number of vehicles in the carrier’s fleet used to provide special service and airport transfer service under the interim/temporary grant of authority be restricted to three (3). Staff stated that a 180-day grant of interim/temporary authority would allow ample time for the parties to finalize the application and for the Applicant to meet the compliance items necessary for the issuance of authority in the ordinary course.

There were no members of the public who opposed or objected to the Applicant’s Petition.

James Allen Day, NTA Administrative Attorney, provided a brief history of four prior instances in which the Authority had granted interim/temporary authority.

The Authority in a vote of 2-1, found that exigent circumstances exist with regard to an immediate need for special service and airport transfer service to operate between the unincorporated Township of Pahrump, Nevada to Las Vegas, Nevada and that granting the Petition would promote safe, adequate, economical and efficient service in motor transportation and was in the public interest.

Commissioner Monica B Metz agreed that there exists a need for safe and affordable transportation between Pahrump and Las Vegas, noting her experiences as a former Pahrump resident for approximately one year. However, based upon the longstanding nature of that need and the Authority’s prior interpretation and application of the term “exigent,” she could not conclude that exigent circumstances were present in the instant matter and therefore voted to deny the Petition.

12(c) Administrative Citations and Impoundments. Chairman MacKay explained that items 12(d)(1) through 12(d)(35) are administrative citation and impound matters in which either Staff has submitted a Settlement Agreement for approval or a hearing officer presided over the hearing with respect to the alleged violation(s), made findings, and provided recommendations with respect to appropriate fines and/or other remedies. The Authority voted 3-0 for approval of agenda items 12(d)(1) through 12(d)(35).

Citation 13800 issued to Jerry Oliver Keys for a violation of NAC 706.3753. (AJM)

Citation 14321 issued to Pedro J. Suriel/Las Vegas International Tours for a violation of NRS 706.386. (AJM)

Citation 14403 issued to Ronald Harry Webber for violations of NRS 706.386 and NRS 706.758. (AJM)

Citation 14507 issued to Mahmudul Amin for violations of NAC 706.3747 and NAC 706.3754. (AJM)

Citation 14512 issued to Thomas Parneter for violations of NAC 706.3747 and NAC 706.3754.2. (AJM)

Impound 1105 The impoundment pursuant to NRS 706.756 of a vehicle registered to U-Haul of Arizona. (AJM)

Citation 13948 issued to Robert Istvan Somogyi for a violation of NRS 706.386. (MJK)

Citation 14303 issued to Crosscreek Enterprises dba Valley Wide Towing for a violation of NAC 706.206. (MJK)

Citations 14306 and 14307 issued to Westley Paul Mandel for violations of NAC 706.329, NAC 706.194, and NAC 706.354. (MJK)

Citation 14308 issued to Mammoth Transportation, LLC dba Mammoth Limousine for a violation of NAC 706.355. (MJK)

Impound 1236 The impoundment pursuant to NRS 706.476 of a vehicle registered to Peter Lester Christoff/Las Vegas International Tours. (MJK)

Impound 1237 The impoundment pursuant to NRS 706.476 of a vehicle registered to La Fuente, Inc. (MJK)

Impound 1225 and Citation 14323 The impoundment pursuant to NRS 706.476 of a vehicle registered to and Citation Number 14323issued to Byron V. Ochoa for violations of NRS 706.386 and NRS 706.758. (MJK)

Citation 13915 issued to Sahad Ahmad Vine for a violation of NAC 706.354. (MBM)

Citation 14065 issued to Shawn M. Sheehan for violations of NAC 706.361 and NAC 706.247/49 CFR 391.41. (MBM)

Citation 14068 issued to Richard E. Navarro for a violation of NAC 706.354. (MBM)

Citation 14069 issued to Noureddine Benchegra for violations of NAC 706.354 and NAC 706.247/49 CFR 391.41. (MBM)

Citation 14088 issued to Ryan Whyte Maloney for violations of NRS 706.386 and NRS 706.758. (MBM)

Citation 14090 issued to Thomas Walter Sytko for violations of NRS 706.386 and NRS 706.758. (MBM)

Citation 14301 issued to Howard Hinklebein for violations of NAC 706.329 and NAC 706.194. (MBM)

Citation 14302 issued to 24/7 Entertainment LLC for a violation of NAC 706.355. (MBM)

Citation 14312 issued to Lonnie Crosby for a violation of NAC 706.354. (MBM)

Citation 14313 issued to Charles Alem Hill for violations of NAC 706.354 and NAC 706.329. (MBM)

Citation 14315 issued to Paul John Madafferi for violations of NAC 706.228 and NAC 706.247/49 CFR391.41. (MBM)

Citation 14316 issued to Obry Jiji for a violation of NAC 706.329. (MBM)

Citation 13629 issued to Rustin Jose Morales for a violation of NAC 706 (LCB File No. R124-07).

Citation 14058 issued to Las Vegas VIP Limousines, LLC for violations of NAC 706.311 (107 Counts) and NAC 706.247/49 CFR 395.1(e) (88 Counts).

Citation 14067 issued to C and J Development Enterprises dba Custom Towing for violations of NAC 706.4477 (2 Counts).

Citation 14304 issued to Paul Leslie Lawrence for a violation of NAC 706.329.

Citation 14305 issued to Luxury Vegas Transportation, Inc. dba Luxury Vegas Transportation for a violation of NAC 706.355.

Citation 14310 issued to Yaregal Getachew for violations of NAC 706.329 and NAC 706.354.

Citation 14311 issued to Luxury Vegas Transportation, Inc. dba Luxury Vegas Transportation for a violation of NAC 706.355.

Citation 14317 issued to Charles George Dispenziere for a violation of NAC 706.354.

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