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r <br />APS 07 1992 <br />BOOK o,� Fr l;E e i�cj <br />Commissioner Scurlock asked the process for amending this <br />ordinance, and Director Keating explained that we would have to <br />modify the LDRs and this would have to be addressed during the next <br />set of revisions. <br />Discussion ensued about getting the word out to those people <br />Who might oppose this to make them aware of the fact that the Board <br />is directing staff to consider a change. <br />Chairman Eggert pointed out that giving this direction to <br />staff doesn't mean that the Board will pass it. <br />Commissioner Scurlock felt that somehow we need to get the <br />word out to the people who are in this industry who may not want <br />satellite facilities so that they know we are considering a change. <br />Director Keating suggested that we hold a workshop on this and <br />notify those particular vendors who have fixed locations right now. <br />Mr. DeBlois advised that Mr. Anthony has been told not to <br />operate his mobile unit until this has been resolved, and Mr. <br />Anthony stated that he was never served with anything, nor had <br />anyone contacted him. Quite frankly, he wasn't real happy with the <br />way it was done. The Code Enforcement people went to Mr. Tominski, <br />who owns the property they were operating from, and told him that <br />if he allowed them back on the property, they would pull his <br />license for a roadside fruit and vegetable stand. <br />Commissioner Scurlock explained that the only authority the <br />County has is contacting the owner of the property, not the person. <br />Attorney Vitunac needed to lay some groundwork in order to <br />draft an ordinance. The Board made a finding that it thinks these <br />roadside operations are unsightly and unsafe, but because of some <br />unusual reason, they would like to permit roadside seafood <br />operations. The reason cannot be that it is local fish versus fish <br />from out of the county. That is not a legal reason. It might be <br />that they are a local merchant with a main facility and the Board <br />wants to allow them to have a satellite facility. But if that is <br />the case, anything that is sold here in a main facility should be <br />allowed to be sold from a truck under the same conditions. <br />Commissioner Bird didn't know how to put it legally, but he <br />believed the difference is that we are trying to provide an <br />additional sales outlet for a product or resource that is generated <br />here in Indian River County that generates jobs for people within <br />the county. That is his philosophy behind supporting it. <br />Attorney Vitunac emphasized that you can see the legal problem <br />here. He wasn't sure we could do an ordinance that we could <br />guarantee will withstand a real challenge, but then again how many <br />fish people with a truck are going to go to the cost of suing the <br />42 <br />