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									                                 Agenda Item Summary Sheet
                                                                         Item No: 9
                                                   Meeting Date:    February 1, 2006

Item Title:            Request for Public Hearing - Taxi cab business application from
                       Joshua Whitley for Atlantic Cab

Item Summary:          Attached please find a taxi cab business application (request for
public convenience and necessity) from Joshua Whitley. The necessary fee has been
paid and paperwork has been submitted to the appropriate Town departments for
processing. Request Public Hearing be held at the March 1, 2006 Board meeting to
consider Mr. Whitley's request.

                                                            Number of Attachments: 1
Specific Action Requested:

Request that a Public Hearing be scheduled for the March 2006 Board meeting.

Submitted By:   Administration                             Date:    January 23, 2006
Finance Officer Comment:

No unbudgeted fiscal impact.

Signature: Kim Kenny                                       Date: January 23, 2006
Town Attorney Comment:


Signature:                                                 Date:
Town Manager Comment:

I concur with staff.

Signature: Seth Lawless                                    Date: January 23, 2006

TO:                Mayor and Board of Commissioners

FROM:              Carolyn F. Morris

DATE:              January 23, 2006

RE:                Request for Public Hearing to consider application for Certificate of
                   Public Convenience and Necessity for Atlantic Cab, Joshua Ian Whitley

On December 22, 2005, the attached application for a Certificate of Public Convenience
and Necessity was received in the Town Clerk’s office, the applicable fee was paid, and a
copy forwarded to the Police Division for investigation.

This application is from Atlantic Cab, Joshua Ian Whitley, owner.

The application was verified by the applicant under oath and the applicant has paid the
$50.00 application fee.

Section 46-73 of the Town Code requires the Board of Commissioners, before making
any decision with respect to the issuance of a Certificate, cause to be made a full and
complete investigation of all facts and may, if it desires, subpoena witnesses and utilize
the services of the Public Safety Director, or his designee, or any officer or employee of
the Town.

In determining whether a public convenience and necessity requires the granting of a
certificate, Section 46-74 of the Town Code requires the Board of Commissioners to take
into consideration the following factors:

        1.   Whether or not the public convenience and necessity satisfies the
             requirement for public safety and availability within the town.

        2.   The financial responsibility of the applicant and the likelihood of the
             proposed service being permanent, responsible, and satisfactory.

        3.   The number and conditions of taxicabs to be operated.

        4.   The schedule of the proposed rates and fares to be charged.

        5.   The experience of the applicant in the taxicab business.

        6.   Consideration of GS 160A-304, regulation of taxis.
      7.    Such other relative facts as may be deemed necessary and advisable.

Section 46-76 (a) of the Town Code requires the Board of Commissioners to grant a
certificate when the applicant has established to the Board of Commissioners’ satisfaction
that the public convenience and necessity would be served, that the requirements of this
chapter are complied with, and that the factors considered by the Board, as set out in
Section 46-74 favor the issuance of a certificate. Each certificate may contain such terms
and conditions as the Board of Commissioners may consider desirable to impose for the
public welfare, safety, convenience or necessity.

Section 46-76 (b) of the Town Code requires the Board of Commissioners to deny a
certificate to an applicant who does not establish to the Board's satisfaction that the
issuance of a certificate would serve the public convenience and necessity, or when, in
the considered opinion of the Board, the applicant would not comply with the provisions
of Chapter 46 of the Town Code, or that the requirements in Section 46-74 favor
disapproval of the application.

The application and background information have been forwarded to the Police Division
for processing.

Attachment #1      Application
Attachment #2      Cash receipt for $50.00 application fee
Attachment #3      Vehicle insurance form
Attachment #4      Certification of Taxi Operators form
Attachment #5      Consolidated Fee Schedule page 4
Attachment #6      Town Code Chapter 46 Vehicles for Hire
Attachment #7      General Statute 160A-304 Regulation of taxis

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