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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: JL 5 1985 eooK _I JUL 5 1985 BOOK 61 PACE 409 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. 3 JUL .5 1985 BOOK PAGE 410 � J JUL 5 1985 BOOK CA FAC 41.1 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 JUL 5 1985 Boa 61 FnE X12