HomeMy WebLinkAbout7/5/1985 (2)Friday, July 5, 1985
The Board of County Commissioners of Indian River County,
Florida, met in Special Session at the County Commission
Chambers, 1840 25th Street, Vero Beach, Florida, on Friday, July
5, 1985 at 7:45 o'clock A.M. Present were Patrick B. Lyons,
Chairman; Don C. Scurlock, Jr., Vice Chairman; Margaret C.
Bowman; and Richard N. Bird. William C. Wodtke, Jr. was out of
state. Also present were Michael J. Wright, County
Administrator; Gary Brandenburg, Attorney to the Board of County
Commissioners; and Barbara Bonnah, Deputy Clerk.
The Chairman called the meeting to order and announced that
it was called to receive the resignation of Gary Brandenburg as
County Attorney.
Attorney Brandenburg said he has enjoyed three and a*half
excellent years here in Indian River County as County Attorney
and has enjoyed working with each of the County Commissioners.
He announced that he has accepted the position of County Attorney
for Palm Beach County, and reluctantly submitted his resignation,
effective July 19, 1985.
Attorney Brandenburg recommended that Vero Beach City
Attorney Charles Vitunac be selected as his replacement and he
felt the County is fortunate to have an individual available with
such good credentials and of such great integrity. He advised
that Mr. Vitunac's experience in local government has been gained
not only through four years with the City of Vero Beach, but also
through six years with Palm Beach County. Attorney Brandenburg
advised that Mr. Vitunac has indicated he would take the job if
he were offered the same type of contract presently held by the
County Attorney with a few modifications:
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1), that he be "bought into" the State Retirement System for a
time equal to the time he has spent with the City; and, 2) that
the salary be the same as that presently paid the County Attorney
with the understanding that at the end of each year Attorney
Vitunac would receive the same percentage increase as that
received by the Board of County Commissioners, and be considered
for a merit increase during the first year period.
Attorney Brandenburg advised that Mr. Vitunac would be able
to come on board for the County on July 22, 1985, but has
requested that he be allowed to take a long -planned vacation
between July 26th and August 5th. During that period, Mr.
Vitunac would miss two Commission meetings, which would be
handled by the two Assistant County Attorneys.
Commissioner Scurlock believed we have been very fortunate
to have Gary Brandenburg and it is always sad and difficult to
lose someone who has been so consistent, but agreed that Charles
Vitunac is an outstanding candidate for this particular position.
MOTION WAS MADE by Commissioner Scurlock, SECONDED
by Commissioner Bowman, that the Board accept with
great regret Gary Brandenburg's resignation as County
Attorney, and select Charles Vitunac for his,
replacement, with the understanding that his
contract will set the existing salary, that the
Board will consider a merit increase, that he will
be "bought into" the State Retirement System for a time
equal to that spent with the City, and that he will be
on vacation during July 26th and August 5th.
Commissioner Scurlock pointed out that several of the
Commissioners have worked with Mr. Vitunac on other boards along
with the South County Fire District, which was administered by
the City of Vero Beach until recently. Mr. Vitunac also serves
on our Code Enforcement Board while Attorney Brandenburg serves
on the City's Code Enforcement Board.
Attorney Brandenburg reported that he had discussed this
matter over the phone with Commissioner Wodtke, who regretted
being out of town at this time, and that he had indicated that he
would like to have an opportunity to talk with Charles Vitunac
and the opportunity of voting for his appointment at a subsequent
meeting.
Commissioner Bird wished Gary the very best in his position
with Palm Beach County. He felt that Gary has been a tremendous
asset to the County, not just as an attorney, but as a great
mind, as he always seemed to come up with the right answer and
has worked out many compromises in some very sticky situations.
He agreed that we are very fortunate to have someone available
who is so capable and experienced. He hoped Mr. Vitunac's
leaving the City would be an amicable situation and would not
jeopardize the best relationship between the City and the County
that we've had in years. Commissioner Bird stated that although
he was in agreement to offer Mr. Vitunac the contract this
morning, he was concerned about Commissioner Wodtke's desire to
talk with Mr. Vitunac before the actual appointment. He
suggested that perhaps the contract could be placed on the agenda
for next Wednesday's meeting.
Chairman Lyons also wished Commissioner Wodtke was here
today, but felt that business must go on as usual and that the
the Board should go ahead and vote because the County is
currently involved in many critical areas and needs the services
of a capable attorney to avoid any delays.
Commissioner Bird did not understand the urgency, and while
he intended to vote for the appointment of Charles Vitunac, he -
preferred to have a full Board present for the vote.
Chairman Lyons noted that it appeared that attendance by a
full Board would be unlikely for the next few meetings due to
summer schedules and he, himself, would be away for a few weeks.
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He explained that today's early hour was necessary because
Commissioner Bowman must attend a meeting down in Stuart at 10:00
this morning and this looked like the only time we could all get
together. He felt we should go ahead and get it over with.
Commissioner Bird felt this puts him in a very uncomfortable
position and asked if Charles Vitunac has indicated to the City
that he might be leaving.
Commissioner Scurlock advised that he had talked to Mayor
Goff who said that he was pleased that Mr. Vitunac had this
opportunity as he realized the County was growing. He also
talked with Councilman Gary Parris.yesterday, who said that
although they regret losing Mr. Vitunac, they do have a qualified
attorney available to them - the Assistant City Attorney, Terry
O'Brien.
Attorney Brandenburg advised that Mr. Vitunac felt that
there would be no problem in his leaving the City.
Chairman Lyons asked Attorney Brandenburg for a continuing
commitment as needed in the next few months on some of the more
complex issues, and Attorney Brandenburg stated that would go
without saying as he would be glad to help out in any way he
could.
Commissioner Bird planned to vote for the Motion because he
did not want his negative vote to be misconstrued to mean that he
opposed the selection of Mr. Vitunac; however, he still preferred
that the appointment be made at next Wednesday's meeting.
Chairman Lyons believed that Gary Brandenburg has served the
County well in establishing a full-fledged County Attorney's
office and, while he had hoped that he would stay one more year,
he understood why he could not turn down the Palm Beach position.
THE CHAIRMAN CALLED FOR THE QUESTION. The Motion
was voted on and carried unanimously.
(CONTRACT WILL BE MADE A PART OF THE RECORD PMEY FULLY F..XFCUTFD
AND RECEIVED)
There being no further business, on Motion duly made,
seconded and carried, the Board adjourned at 8:10 o'clock A.M.
ATTEST:
Clerk
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