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DRAFT <br />Fellsmere being the proponent of that language, Mr. Nunemaker said they <br />would not be bound to abandon the Agreement; they could opt out of it. He could offer <br />as a substitute to the extent that any proposed Charter offers preemptory language; if the <br />County wants to change its form of government that would be fine, but to the extent of <br />usurping the Home Rule authority, municipalities should have every right to take leave of <br />this Agreement and do what they think is in their best interest. <br />Mayor Dunlop said they could all agree that if the State mandates it, they <br />have no choice. He felt that they would cause Charter to go through if they walk away <br />from this document while a Charter Commission is studying Charter or until it comes up <br />to a vote. <br />Commissioner O'Bryan re-emphasized that just because Charter goes in <br />does not mean this Agreement goes away. He believed the focus should be, if the Charter <br />tries to take away the Agreements in the ISBA, they have the right to walk away; but not <br />because a Charter government is formed. <br />Mayor Dunlop wants to get to the point where it is only if Charter tries to <br />take over the provisions of the ISBA , and Commissioner O'Bryan suggested they write <br />one section reflecting that and do away with the rest. <br />Commissioner Wheeler, looking at subsection 1 (page 14) which reads, <br />"... a resolution by the Board of County Commissioners or following the submission of a <br />petition to the county commission signed by at least fifteen percent (15%) of the <br />qualified electors of the county requiring that a charter commission be established, ...", <br />and again at subsection 3 regarding the Legislature, argued that the Legislature nor 15% <br />of the people in this County are parties to this Agreement, and he did not know how they <br />could bind what they want to do with this Agreement. He also thought the language at <br />17 <br />December 15, 2008 / Joint Workshop <br />ISBA, Sebastian <br />