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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 Fracking <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 />