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Board of County Commissioners Meeting Minutes - Final October 4, 2016 <br />Aye: 5 - Chairman Solari, Vice Chairman Flescher, Commissioner Davis, Commissioner <br />O'Bryan, and Commissioner Zorc <br />133 16-829 Right -of -Way Ordinance Amendment <br />Recommended Action: The County Attorney's Office respectfully requests that the County Attorney's <br />Office be directed to draft an ordinance consistent with the attached proposed <br />language and notice a public hearing concerning the proposed ordinance. <br />Attachments: Staff Report <br />Proposed Ordinance Language <br />County Attorney Dylan Reingold provided background on staffs request to review <br />the Indian River County Right -Of -Way Ordinance in light of the United States <br />Supreme Court's decision in Reed vs. Town of Gilbert, concerning the freedom of <br />speech rights under the First Amendment of the Constitution. He stated that the <br />language in the draft ordinance was not focusing on the speech, but the behavior of <br />people standing in the right-of-way to exchange items with occupants of a vehicle, <br />which causes a distraction for drivers. <br />A motion was made by Vice Chairman Flescher, seconded by Commissioner Davis, to <br />approve the County Attorney's recommendation. The motion carried by the following <br />vote: <br />Aye: 5 - Chairman Solari, Vice Chairman Flescher, Commissioner Davis, Commissioner <br />O'Bryan, and Commissioner Zorc <br />14. COMMISSIONERS MATTERS <br />A. Commissioner Bob Solari, Chairman <br />B. Joseph E. Flescher, Vice Chairman <br />C. Commissioner Wesley S. Davis <br />D. Commissioner Peter D. O'Bryan <br />14.D.1.16-799 Fracking <br />Attachments: 14.D.1 Oct 4, 2016 Frackino <br />Commissioner O'Bryan spoke about the failure of the 2016 Legislative session <br />to pass any bills dealing with fracking, which left the issue unregulated. He <br />expressed concern about the Department of Environmental Protection's (DEP) <br />recent increase in the limits of the allowable discharges of toxic chemicals into <br />Florida's water, 42 of which are known carcinogens. He stated that the Board <br />Indian River County Florida Page 15 <br />