Charlotte County rescinds two utility agreements after Central States fails to execute documents

Charlotte County commissioners voted unanimously on Feb. 10 to rescind two agreements approved at a December hearing after county attorneys said the documents were never fully executed.

County Attorney Tom David told the board that although the agreements (identified in staff records as Agreement 2025-261 and Agreement 2025-262) had been adopted on Dec. 9, Central States had not executed the required pages and the receiver had not approved the documents. David said he had contacted Central States’ general counsel and received no executed paperwork; he also said Pulte had indicated amendments were needed. “If you do not have fully executed agreements, we do not have a meeting of the minds, and there is no contract,” David said.

Commissioner Constance moved to rescind the approvals “out of an abundance of caution.” Commissioner Truax and others said they prefer a clean record and an opportunity for the public to see any amended agreements if the parties return with a revised package. The motion to rescind passed unanimously.

Staff and attorneys clarified that earlier plans from the applicant showed transmission lines with stub-outs, not completed service lines, and that mandatory hookup rules generally apply to service lines at the time of site-plan approval rather than to transmission stubs. Interim Utilities Director Claire Jelp said developers typically stub transmission mains but do not always construct laterals to each parcel, and that hookup requirements would depend on how utilities are extended and the Central States service plan under Public Service Commission oversight.

The board instructed staff to return any future, fully executed or amended agreements to an agenda for public review rather than permitting administrative finalization off the dais.