STATE OF NEVADA
DEPARTMENT OF BUSINESS AND INDUSTRY
NEVADA TRANSPORTATION AUTHORITY
MINUTES OF THE SPECIAL AGENDA MEETING HELD ON DECEMBER 19, 2007
A duly authorized special meeting of the Nevada Transportation Authority was held on Wednesday, December 19, 2007, 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. Chairman Andrew MacKay called the meeting to order at 10:00 a.m.
Roll Call. Attending were Chairman Andrew MacKay, Commissioner Michael Kloberdanz, Commissioner Monica Metz, Deputy Commissioner Marilyn Skibinski, Administrative Attorney Jim Day, Applications Manager Liz Babcock, Supervisory Investigator Jill Dart, Deputy Attorney General Chris Eccles, and Senior Deputy Attorney General David Newton.
Pledge of Allegiance
**Approval of Agenda. The Authority voted 3-0 to approve the Agenda.
**Docket Number 07-11015:2008 CES—The Petitions of fully regulated passenger carriers seeking to deviate from the operating authorities granted under their respective Certificates of Public Convenience and Necessity (CPCN’s) for a specific purpose and for specific periods of time. Petitions are based on an expected increase in demand related to the International Consumer Electronics Show (“CES”) to be held in Las Vegas from January 7, 2008 through January 10, 2008. Staff investigation concluded. Chairman Andrew MacKay stated that this meeting pertained to the upcoming Consumer Electronics Show. The Authority crafted the procedure differently this year. Notice was sent to all charter limousine carriers in the State. The Petition deadline was December 14, 2007. No requests to intervene were filed. Ten petitions to deviate were filed, requesting 191 additional vehicles total.
Alan Waxler Group dba AWG Charter Services – Attorney Michael Feder, John Azzolino, Debi Paige, and Paul Servello were present on behalf of the Applicant. Mr. Azzolino stated that their company had exhausted all remedies with reference to finding additional carriers to assist with the overload. He said they currently had 35 vehicles in their fleet and required 35 more to handle the demand. They reserved the additional vehicles through Enterprise—if the request is approved, they would get them ready for NTA inspection. He is in the process of obtaining additional drivers and gave assurances that the carrier has ample time to get all driver qualification files completed. They would obtain sedans and SUV’s—vehicle types within their existing tariff. The Authority voted 3-0 to approve their Application for temporary authority to operate an additional 35 vehicles from January 5, 2008 through January 11, 2008.
Chairman MacKay reminded the Applicants that he hoped they wouldn’t wait until the last minute to have their vehicles inspected since the number this year far exceeds last year. Ms. Babcock also stated that the fees must be paid in advance of the inspections. Commissioner Kloberdanz asked Ms. Babcock if she would be providing carriers with a checklist of the requirements. She indicated that she would be.
Mr. Newton also wanted to clear up some confusion so that the process would be easier next year. He indicated that several petitions were styled under NAC 706.1305 and others under NRS 706.391. NAC 706.1305 has been cited as the controlling entity, but after researching this, Mr. Newton believes that the petitions would be more properly styled under NRS 706.391, which includes requests for modification of operating authority. He stated that it would not affect today’s proceedings, but wanted to just indicate it so that it would be clear for next year. Chairman MacKay and Commissioner Metz agreed.
Jacob Transportation – James Jimmerson and MK Pervez were present on behalf of the Applicant. Mr. Jimmerson stated that the company is certificated for 92 vehicles. The current fleet is committed during CES for twelve hours per day. He requests an additional 40 vehicles this year. They would be immediately committed to out-of-state customers. He would obtain SUV’s through Enterprise. In response to Ms. Babcock’s inquiry, Mr. Jimmerson stated that the vehicles would be of the type covered by his existing tariff. The carrier is ramping up for additional drivers, the insurance is in place, and the safety of the public is assured. His request that the temporary authority begin on January 3rd was made to allow inspection of the vehicles and to have time to return them at the end of CES. Commissioner Metz requested that the carrier submit a spreadsheet similar to the ones provided by the other Applicants, indicating the basis for each vehicle requested. Mr. Jimmerson stated that he was not aware of the spreadsheet requirement, but would provide it to the Authority by the end of the week. Chairman MacKay stated that he had a concern in approving the vehicles beginning the 3rd since the carrier stated that they do not have a demand for the vehicles until the 5th. Commissioner Metz stated that she would not be comfortable in granting earlier than the 5th, but that did not mean that the carrier could not obtain the vehicles prior to that time to prepare them for use beginning on the 5th. The Authority voted 3-0 to approve their Application for temporary authority to operate an additional 40 vehicles from January 5th through January 13th, 2008, conditioned upon receipt of the completed spreadsheet.
Carrel LaVern West & Rose Marie West dba Sierra West Limousine Service – Roger Wilson was present on behalf of the Applicant. He is requesting permission to operate 7 vehicles in Clark County, which is outside the carrier’s geographic restriction. His East Coast affiliates have requested vehicles. They stated that they were unable to locate transportation in Clark County. Commissioner Metz asked that the Authority address the issue of using carriers without authority to operate in the area of a special event. Mr. Day noted that statewide notice was provided and the meeting had been published statewide. Mr. Wilson indicated that they had been approved for the same situation last year. Mr. Newton said that the decision to limit it to carriers with authority in the County or statewide was ultimately the discretion of the Commissioners. Chairman MacKay felt that CES had statewide ramifications and provided the entire state with enormous revenues. If there are insufficient vehicles in the County to provide for that demand, he saw no reason to limit it to Clark County providers. He opined that if Carson City had a huge event requiring considerable coverage, it would only be appropriate to allow carriers in Clark County to assist. Both Commissioners Kloberdanz and Metz agreed. Mr. Wilson stated that the vehicles were already in his fleet, the drivers were part of his current staff, and no inspection was necessary. He was asked to provide proof that he had insurance coverage here. The Authority voted 3-0 to approve their Application for temporary authority to operate 7 vehicles in Clark County for the period of January 6th, 2008 through January 11th, 2008.
RB Head dba Head Limo – Ricky B. Head was present on behalf of the Applicant. He stated that he was requesting the use of 2 additional SUV’s, the type of vehicles that are currently in his fleet. The drivers he would use are already on his staff, driver qualification files are up to date, and he has provided a spreadsheet. He has tried to refer this business out with no success. He needs the vehicles to meet demand from the 6th through the 11th. The Authority voted 3-0 to approve their Application for temporary authority to operate 2 additional vehicles from the period of January 6th, 2008 through January 11th, 2008.
Las Vegas Transportation dba Scooter Moves – Law Clerk Jim Erickson and Wil S. Mares were present on behalf of the Applicant. Mr. Mares stated that despite the dates requested in his Application, he only needs additional vehicles from January 6th through January 12th. He had also added time for preparation. His spreadsheet indicates the actual use of the vehicles. His insurance, etc. is up to date. He would obtain 35 vehicles here and another 10 from a California affiliate (Rollz Royce Limo) with drivers. He assured the Authority that he would be directing all drivers. The requested vehicle types fall under his tariff. He is in the process of buying 2 new vehicles and would use them as 2 of the vehicles requested; At the end of the show he will retire 2 of his current vehicles and replace them with the new ones. All vehicles in his fleet of 14 have power chair lifts as required by his certificate. He requests that the additional vehicles not have lifts. Clients requesting those specialized vehicles will use his existing fleet, which he indicated is sufficient. Ms. Babcock voiced her concern that he would be adding 45 vehicles to his current fleet of 14 and may have difficulty in managing the large number of vehicles and drivers. Mr. Mares stated that he has promoted someone to a supervisory position. He would have an additional 3 – 5 management staff and 2 supervisors on staff for CES. He would also be increasing management staff by 3 or 4 more during CES to assist with the larger fleet. He has 45-57 drivers on staff right now with current driver qualification files and would not need to hire new drivers. He would also have driver qualification files for the drivers of the Rollz Royce vehicles. He estimates that for every 10-12 drivers, there would be one supervisor. Based on the carrier’s representations, Ms. Babcock stated that Staff’s concerns had been satisfactorily addressed. The Authority voted 3-0 to approve their Application for temporary authority to operate 45 additional vehicles that will not be equipped with power chair lifts for the period January 6th, 2008, through January 12th, 2008.
Ms. Dart and NTA Investigator Ron White indicated that they are willing to come in on Saturday, January 5 to ensure that all of the additional vehicles are inspected in time to meet the demand. Ms. Dart also indicated that decal fees must be paid at the office and that no fees will be accepted in the field during the inspections.
24/7 Entertainment Limousines – Justin Davis was present on behalf of the Applicant. He stated that they have exhausted all remedies in referring customers to other sources. Their fleet contains only super stretch limos. They would rent 2 SUV’s from Hertz for the period of January 5 through January 13. They have 30 reservations just on the 12th. He would use part-time drivers that he has used in the past or who are currently on staff. Concern was raised regarding whether the additional vehicles would be covered by the carrier’s tariff. Upon review of the tariff, Ms. Babcock indicated the ability to use Excursions, Hummers, and Navigators. Mr. Davis indicated that he would obtain that type of vehicle in order to comply with the tariff. He was asked to provide an updated spreadsheet to reflect additional reservations. The Authority voted 3-0 to approve their Application for temporary authority to operate 2 additional vehicles for the period January 5th, 2008 through January 13th, 2008, conditioned upon receipt of the updated spreadsheet.
BLS Limousines – Joe McDonald, Michael Okon, and Eric Okon were present on behalf of the Applicant. Michael Okon indicated that all remedies had been exhausted. He stated that they are a national service with a location in Las Vegas and a huge customer base. Reservations are being requested from their operations in Los Angeles, San Francisco, Boston, etc. His fleet is booked with those reservations and the casinos have additional needs. He had requested 15 vehicles last year and it would be impossible to meet all demands with that many vehicles this year. He would rent the 35 requested vehicles from Budget – 20 standard SUV’s and 15 sedans. He would bring in 30 drivers from LA. Their driver qualification files will be current. The Authority voted 3-0 to approve their Application for temporary authority to operate 35 additional vehicles for the period January 6th, 2008 through January 11th, 2008.
Attorney Jeanne Winkler, who represents Las Vegas Transportation, dba Scooter Moves, asked that her client’s spreadsheet be redacted from their Application for confidentiality reasons. Commissioner Metz indicated that confidentiality of the carrier’s client names and contact information had been considered and requested that the Authority address the issue. The Authority voted that in accordance with NAC 706, all backup materials provided by all Applicants in this matter containing client information would be maintained as confidential.
Chairman MacKay indicated that representatives for the remaining Applicants, Las Vegas VIP Limousine, RET Services and Omni Limousine were not present. Commissioner Metz suggested possible confusion over the time of the meeting as a regularly scheduled agenda meeting was set for 1:30 and requested they recess and allow the remaining carriers the opportunity to appear in the afternoon. Recess until 1:30.
Las Vegas VIP Limousine – John Sinagra, Kelly Dunn and George Busegeano were present on behalf of the Applicant. Mr. Sinagra indicated that he had exhausted all remedies and provided a spreadsheet showing his attempts. He requested that the information provided on his clients remain confidential. He would obtain the 5 additional vehicles from Hertz. He would need to use them from the 5th through the 10th. The drivers have already been hired and qualification files completed. They would obtain Escalades, which fall within their tariff. The Authority voted 3-0 to approve their Application for temporary authority to operate 5 additional vehicles for the period of January 5th, 2008 through January 11, 2008.
RET Services – Anthony Tetreault was present on behalf of the Applicant. He is requesting 10 vehicles – 6 sedans, 3 SUV’s, and 1 van. He would lease them from their LA operations. He is getting the drivers, insurance, etc. in place. Vehicles would be insured under the Nevada RET office. He has called numerous other carriers and nothing is available. Ms. Babcock voiced concern that RET had only received their certificate on September 28th. She stated that they are new in the industry, just bought their fleet up to 5 vehicles, and their request would result in a fleet 3 times the size of their normal operation. Mr. Tetreault said that he has been in the industry since 1988 and is RET’s operations manager in Las Vegas. He believes that he is capable of meeting the challenge and is also bringing in two experienced members of management staff from LA to assist. The LA managers would be in addition to their two Las Vegas managers. He has worked CES before and knows what to expect. The LA staff and the LA drivers have also done this show before. Based on the carrier’s representations, Ms. Babcock stated that Staff’s concerns had been satisfactorily addressed. The Authority voted 3-0 to approve their Application for temporary authority to operate 10 additional vehicles for the period January 5th, 2008 through January 10th, 2008.
Omni Limousine – Ms. Babcock indicated that she had spoken with them and they had indicated that no one would be able to be present due to an emergency. They are requesting 10 sedans/SUV’s—vehicle types that are covered by their tariff. They called many other carriers to try to farm out business and received many calls themselves from other carriers trying to do the same. They would obtain the vehicles from Enterprise. They would use their existing 28 drivers, whose qualification files are current. They anticipate no management issues and assured that they would not be kellying, but only using the vehicles for reservations. Their cars would not be out on all shifts, only when they are chartered. They may need 3-4 more drivers, but don’t believe they will. Their spreadsheet reflects existing clients. They would pick up the vehicles on the 4th and need to operate them from the 5th through the 12th. The Authority voted 3-0 to approve their Application for temporary authority to operate 10 additional vehicles for the period of January 5th, 2008 through January 12th, 2008.
Chairman MacKay thanked Ms. Babcock and Ms. Dart for the volume of work that they had done to prepare for this meeting.
Public Comment. None
Adjournment. 1:55 p.m.
