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conflicting ordinances; providing for severability; <br />providing for inclusion in the code of Indian River <br />County; providing for filing with the Department of State; <br />and providing for an effective date. <br />Attorney Fell announced that this, the second Public Hearing, would change the Utilities <br />Rate Resolution. This change would amend the nomenclature from "base facility charge" to <br />"service availability charge", and it would delete the Fire Protection charge. <br />The Chairman opened the Public Hearing. There were no speakers, and the Chairman <br />closed the Public Hearing. <br />ON MOTION by Commissioner Solari, SECONDED by <br />Chairman Davis, the Board unanimously approved <br />Resolution 2009-129, amending the Rate Resolution. <br />The Chairman called a break at 10:21 a.m., and reconvened the meeting at 10:30 a.m., <br />with all members present. <br />10.B. PUBLICDISCUSSIONITEMS <br />1O.B.1. REQUEST TO SPEAK FROMKENNETHB. MCKELLAR REGARDING <br />31ST AVE AT 49TH ST. . fi1 ACRE LAND. GIFFORD. WHICH % IS <br />IMPROVED <br />Samuel Block, Esquire, representing Kenneth McKellar who resides at 125 Ocean Way, <br />recalled an agreement that Mr. McKellar and the County had made regarding the purchase of .61 <br />acre of property north of 49th Street. He explained that Mr. McKellar had sold the County <br />approximately 34 acres in 2005. However, a strip of property about 13 feet wide by 1,000 feet <br />long was inadvertently excluded from the County purchase. Mr. Block said negotiations took <br />place for the parcel in June of 2008, and in March 2009 Mr. McKellar received a purchase <br />25 <br />August 18, 2009 <br />