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JAN 61982 80' 4.$ - PA.c,F- 33 The Chairman called for the question. It was voted on and carried unanimously. ANNEXATION OF THE DUCK POINTE PROPERTY The Board next considered the following memorandum from the County Attorney: TO: Chairman and Members of the DATE: December 29, 1981 FILE: Board of County Commissioners SUBJECT: Report on the annexation of the Duck Pointe Property by the City of Sebastian FROM: Gary M. Brandenburg REFERENCES: County Attorney The City of Sebastian adopted an ordinance on December 21, 1981 annexing the Duck Pointe Property. This writer appeared at the meeting of the City Council and made the following observations or objections: 1. The annexation creates an unincorporated enclave. The Florida Statutes Section 171.044 provides "The land shall not be annexed through voluntary annexation when such annexation results in the creation of enclaves". (the City is relying on a 1980 Attorney General opinion which indicates that the statute only prevents the creation of municipal enclaves) 2. The'property annexed is not contiguous to the municipality within the meaning of Florida Statutes Section 171 et. sea. The Statute requires the land to be contiguous which means having a Substantial part of the Boundary of the annexed area coterminus with the municipality. In this case, of approximately 11,000 feet of boundary only 600 feet of the property is coterminus with the City limits (approximately 5.780). 3. The property annexed is not reasonably compact (see attachments) "Compactness" means concentration of a piece of property in a single area and precludes any action which would create enclaves pockets, or finger areas in serpentine patterns. "_-any annexation proceeding in any County in the State s al_es 1 e igned in such a manner as to ensure that area shall be reasonably compact". The Duck Pointe Property could be considered as constituting a finger which also creates a County pocket or enclave. 4. The municipality does not have any plans or capacity to provide the property with additional municipal services. Law Enforcement patrols now provided by the Sheriff would be replaced by the City Police Department. There is a possibility that the property could be provided with water and sewer by a private developer regardless of annexation. Section 171 Florida Statures provides that "the purposes of this act are ... to set fol7th criteria for determining when annexations ... may take place so as to: (4) Insure that areas are not annexed unless �kmicipal Services can be provided to t rose areas