November 20 2008 FINAL

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November 20 2008 FINAL Powered By Docstoc
					      JIM GIBBONS                          STATE OF NEVADA                          ANDREW J. MACKAY
          Governor                                                                       Chairman

                                                                                  MICHAEL J. KLOBERDANZ
  DIANNE CORNWALL                                                                       Commissioner
Director, Business and Industry
                                                                                     MONICA B METZ
                                                                                        Commissioner




                                    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.

1. Call to Order

2. 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.

3. Pledge of Allegiance

4. **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.

5. **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.

6. 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.

7. 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.

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

8. 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.

9. 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.

10. **Applications for Fully Regulated Carriers

   a) 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.

   b) 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.

   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.     Trailed to be heard prior to the Administrative Citations and
      Impoundments.

11. **Financial Rates and Tariffs

   a) 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.

   b) 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

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       the Application and recommended its approval. The Authority voted 3-0 to approve the
       Application.

12. **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.

13. **Consent Items:

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

       1) 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.

       2) 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.

   b) Notice Only (No Action Required)

       1) 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.


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           2) 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.

           3) 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


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      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).

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

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

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

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



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

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

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

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

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

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

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

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

13) 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)

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

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

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

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

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

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

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

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

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

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

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

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

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

      27) 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).

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

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

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

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

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

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

      34) Citation 14319 issued to John Ghanim Anoya for a violation of NAC 706.354.

      35) Citation 14401 issued to Mohammed A. Faride for a violation of NAC 706.3751.

14. Public Comment. None

15. Adjournment. 12:05 p.m.




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