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DRAFT Commissioner O'Bryan did not have an issue with the one or half mile separation, but had concerns on Section 10(F), because Fellsmere had moved ahead with its Comp Plan amendments applications, and the reasoning was, this is taking a long time and they wanted to move forward. He wanted to see Exhibit `F' revised and kept in the Agreement, and that Fellsmere not proceed with their Comp Plan amendments until this negotiating group has a chance to iron out Exhibit `F' and make it part of the Agreement. Commissioner Flescher, looking at the maps displayed, observed the reduction in proposed areas that were taken off the annexation proposal after two months of discussion, and commended the level of commitment that has brought this about. He referred to a "unanimous decision" requirement in the Agreement and suggested maybe a majority vote could be used instead. He did not think they should rush, but give just time to iron out the issues, because "we are blazing trail and we need to do it right." Commissioner Wheeler disagreed with Commissioner Flescher and felt, after all the work that has been done on this, any change(s) in the future should be by unanimous vote. Attorney Ginsburg, referring to Section 13, "Right of Enforcement", where the first sentence deals with enforcement, and the second sentence is a savings clause, felt the language may be a little too narrow. He urged the group to consider an amendment to the "savings clause". He pointed out that earlier this year the Cities of Sebastian and Fellsmere resolved their litigation through a Stipulated Final Judgment in their lawsuit, and did not think that should be lost in the approval of this document by all the cities, including Fellsmere and Sebastian. He recommended that the last sentence of Section 13 should read: "Nothing herein should be construed as a waiver to any other right granted by law or Court Order." 11 December 15, 2008 / Joint Workshop ISBA, Sebastian