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The Chairman opened the Public Hearing. <br />Craig Fletcher, 2345 Avalon Avenue, Vice Chairman of the PZC, announced <br />that the Chairman of the PZC was unable to attend tonight's Public Hearing, and that he (Mr. <br />Fletcher) was available to respond to any questions. <br />The following individuals presented their arguments and urgent appeals to the <br />Board to approve Version 1, changing mining from administrative permit to special exception <br />use: <br />Mary McGuire -Smith, 6625 West 82"d Avenue <br />Mr. Fred Mensing, 7580 129th Street, Sebastian <br />Jim Schaefer, 6850 69th Street <br />Warren Winchester, 1845 Tarpon Lane <br />Jonathan Ferguson, Esquire, law firm of Ruden McClosky, and representing <br />Wild Turkey Mine, stated that legal distinctions must be made between a conditional use and a <br />special exception use, as the latter might be construed as taking away property rights pursuant to <br />the Bert Harris Act, and adversely impacting property owners and applicants who have pending <br />applications that were affected by the Moratorium. He asked the Board to determine whether the <br />administrative permit process could be adopted to make the Public Hearings part of the <br />conditional use process, and to refrain from making the leap to special exception use. <br />4 <br />December 8, 2008 <br />