Minutes of February 6, 2025
Meeting of Supervisors
of
The Central Charlotte County Drainage District

A meeting of the Supervisors of the Central Charlotte County Drainage District was held on Thursday, February 6, 2025. The meeting was held at the Charlotte County Public Works Building Conference Room, 7000 Florida Street, Punta Gorda, Florida 33950.

Mr. Vincent Boccio, President of the District, called the meeting to order at 2:00 p.m. All of the Supervisors were present as follows: Vincent Boccio, Carol Nevling (who arrived at approximately 2:15 p.m.) and Ray Whiteman. Also present at the meeting were Judy Uhland, Secretary/Treasurer (via telephone), Edward L. Wotitzky, Esq., attorney for the District, and the following land owners from adjacent property: Bill Faris, David Kalen, Nigel Morris, and Mark Sawaryn.

Due and proper Notice of the Meeting was then established. Attached to these minutes is a copy of the published Notice from the Sun Newspaper confirming Notice of the Meeting was published on January 16 and January 23, 2025.

A consideration of ongoing maintenance projects was then entertained. Ms. Uhland indicated that the contract with Lake Doctors was extended. Mr. Boccio noted the contract was extended for an additional year with no price increase.

Ms. Uhland then briefly reviewed the financial condition of the District. Attached to these minutes is a reconciliation and financial statements of the District for period ending January 31, 2025. Also enclosed or attached is the Bank of America bank statement for January, 2025. Ms. Uhland noted the ending cash balance through the end of January is approximately $40,660.00.

Mr. Boccio then called on the District’s attorney to review matters concerning the extension of the term of the District and the expansion of the District’s boundaries. Mr. Wotitzky reported he had reviewed current provisions of Chapter 298 of the Florida Statutes concerning the extension of the corporate existence of independent drainage districts. He also reviewed historical or archived versions of Chapter 298 because the current version of 298 did not include prior provisions concerning amendment of the charter and extension of the existence of the District. He indicated his concern that the Circuit Court may not have jurisdiction to extend the Order. He did note, however, that pursuant to Section 298.01 of the Florida Statutes Districts created or established prior to July 1, 1980 may continue to operate, and that upon formation of a water control district by special act of the legislature, the Circuit Court of the County where the land of the district is located would have original and exclusive jurisdiction.

Due to the apparent conflicts and uncertainty in the statute, Mr. Wotitzky advised he had reached out to the law firm of Lewis & Longman, which specializes in the representation of Special Districts, including independent districts created pursuant to Chapter 298 of the Florida Statutes. He advised he spoke to attorney Seth Behn who also represents the Joshua Water Control District and the Bermont Drainage District. Mr. Behn advised the attorney that based upon his research and experience the corporate existence and charter of a District may not be extended by the Circuit Court, but must be extended by legislative action.

Mr. Wotitzky advised the Supervisors that Mr. Behn’s firm had currently filed a bill to extend the corporate existence of the Bermont Drainage District. The quoted fee for the Lewis & Longman firm to represent the District was approximately $50,000.00. Mr. Behn also advised the District’s attorney that an expansion of the District boundaries should also take place legislatively. He indicated the representation by his firm could include not only the extension of the term of the District, but also an expansion of the boundaries.

Thereupon, a great deal of discussion ensued concerning the extension of the term of the District and expanding the boundaries. The representatives of the Charlotte Ranchettes property advocating an expansion of the District boundaries made a number of comments concerning the support which the adjacent property owners would give to the District both financially and through like kind exchange work. After further discussion, it was determined that a conference call be scheduled with attorney Seth Behn to review the situation and his firm’s fee structure. The meeting will be attended, if scheduling is acceptable, by Mr. Boccio, as President of the District, Mr. Wotitzky, as the attorney for the District, and possibly Nigel Morris, an engineer who is an owner of land in the Charlotte Ranchettes. Depending upon the results of the conference call, a supplemental meeting of the Supervisors may need to be scheduled for the purpose of proceeding with actions to expand the boundaries of the District and the District’s corporate existence.

There being no further business before the Supervisors, the meeting was, on motion duly made, seconded and unanimously carried, adjourned.

Respectfully Submitted:
Judy Uhland, Secretary
Approved:
Vincent Boccio, President