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address the concerns and issues of the residents in immediacy. Attorney Collins would first need <br />to know how the Board wanted him to address those concerns. <br />Planning Director Stan Boling explained the rules of Chapter 934 on mining projects <br />that dealt with road maintenance, as well as, a section of Chapter 952 that dealt with paved road <br />requirements and trip thresholds. Discussion ensued among Board members and staff regarding <br />trip/traffic thresholds, the need for a pending ordinance, and paved road requirements. <br />Chairman Bowden opened the floor to public comments. <br />Ralph Evans, Esquire, 1420 Shorelands Drive West, and representing an Applicant, <br />was bothered that although they were entitled to a quasi-judicial process, their permit application <br />was being discussed in a legislative process. He suggested this matter be heard in a quasi-judicial <br />process, as he favored procedure and following the law. <br />Joseph Paladin, President of Black Swan Consulting, and representing Wild <br />Turkey, argued: (1) that a pending ordinance or moratorium cannot be "project specific" and has <br />to address a general concern; and (2) that trying to do a pending ordinance to be retroactive would <br />be against local, federal and state law. He discussed the permitting versus the moratorium process, <br />and urged the Board to let the moratorium and the permitting process go forward separately. He <br />promised his team would attach the new proposals to their current ones. <br />Attorney Evans explained the problem he was having with this permit application <br />process. He stated, "Everything that we've said that we are willing to do, we are willing to do, but <br />the place for that to be resolved is at P&Z and the quasi-judicial process." He felt the legislative <br />process being used now was wrong, and he did not want to make a deal here. <br />Helen Shafer, 6850 Carsons Trail on 69th Street, Indian River Farms, was confused <br />as to how the permit first got approved. She wanted to know how P&Z defines `mining' versus <br />28 <br />November 20, 2007 <br />