SUBJECT
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Request that the Board authorize the filing of a Civil Complaint against 21 Palms Resort on Lake Juliana (“Resort”) and other necessary parties to compel the Resort to remove or modify the pedestrian bridge (“Bridge”) currently impeding boating traffic between Lake Mattie and Lake Juliana (collectively “Lakes”).
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DESCRIPTION
The canal between the Lakes is sovereign water. As such, the canal is set aside for use by all members of the public. The Resort owns the property on both sides of the canal and there is a Bridge, over the canal that connects the two sides of the Resort’s property. The bottom of the Bridge suspended significantly lower than the road and as a result impedes boating travel between the Lakes. Additionally, the supports for the Bridge protrude into the canal, narrowing it and obscuring travel.
The Resort was notified of this issue, by the County on July 13, 2023. On September 8, 2023, staff met with representatives of the Resort about the issue. Since that meeting there has been no subsequent communication from the Resort on the matter. On October 2, 2023, staff sent a follow-up e-mail requesting a status update. No update has been received.
RECOMMENDATION
Authorize the County Attorney’s Office file a Civil Complaint to compel compliance with Polk County’s demand to remove or modify the Bridge in a way that allows free travel between the Lakes. Authorize the County Manager or his designee to represent Polk County at any mediations or court proceedings held in the matter.
FISCAL IMPACT
Funding for the costs of litigating the Civil Complaint will come from the County Attorney’s Fund. The cost of litigation will be included as part of the Summary Judgment against the Defendants.
CONTACT INFORMATION
Randall E. Vogel
Assistant County Attorney
863-534-6477