Marsh Island Annexation
The Town of Orchid Town Council convened a Special Call Meeting on Monday, April 18, 2001. This meeting was to have been the first hearing on the Ordinance of Annexation of Marsh Island. The meeting began at 9:00 a.m. in the Beach Club Dining Room at 1 Beachside Drive, Orchid, FL. Mayor Dunlop moved to remove item 3B, First Reading of Ordinance 2011-02-Proposal to Annex Marsh Island, from the Agenda. The motion was seconded by Councilmember Webber. Mayor Dunlop cited a letter written by Mr. John Von Hagen, the President of the Marsh Island Homeowners Association as the reason to remove the Agenda item. All Councilmembers agreed. That letter can be read in its entirity by clicking the orchid.
*PLEASE NOTE* AT THE BOTTOM OF THIS DOCUMENT IS THE INFORMATIONAL PACKET MAILED TO EACH PROPERTY OWNER IN THE TOWN OF ORCHID. IF YOU WOULD LIKE TO READ THIS DOCUMENT, PLEASE SCROLL DOWN.
BACKGROUND INFORMATION
The following is an attempt to give some factual background information on Marsh Island and the pursuance of annexation over time.
As of December 1, 2010, as promised by representatives of Marsh Island, 100% turnover has occurred. Also, the dockominiums were approved and the attorneys are putting together the legal documents.
Discussions on the possible annexation of Marsh Island first surfaced in late summer of 2005. The developer at that time, Ira Wolfe, approached the Town to be annexed. The process made it through the Consent Forms, Annexation Study Report, and legal opinion from Town Attorney Garganese. The process went no further as Ira Wolfe withdrew Marsh Island's Request for Annexation on December 29, 2005.
As back up material, the Town provides the Annexation Study Report prepared by then Town Planner Mary Jane Vreeland. To view the report, click on the orchid.
NOTE: This webpage will be updated as information warrants.
In May 2010, Mr. George Allen, the new developer under contract to take over Marsh Island, contacted Mayor Richard Dunlop to once again discuss the possibility of annexation. The Mayor, Mr. Allen, Mr. Bob Lyles, and Mr. John von Hagen met on several occasions, in June and July, to discuss the advantages of annexation. During discussions, there was an offer made by a Marsh Island representative to sell a tract of property to the Town. No contract was written and that offer is NOT being pursued by the Town of Orchid Town Council.
After the meetings between the parties and discussions at July and September Town Council meetings, it was agreed the the Mayor proceed with the representatives of Marsh Island.
The process of annexation is tedious and constrictive as set forth in the Florida Statutes.
Those Statutes are available by clicking the orchid.
The first pre-annexation requirement according to the Florida Statutes is to secure Consent forms from the property seeking to be annexed. Consent forms were sent out by the representatives of Marsh Island to its property owners. Those Consent forms were gathered and then presented to the Town of Orchid Town Council at its September 28, 2010 meeting for consideration of acceptance and determination whether to commence annexation proceedings.
At that same meeting, Council directed Staff to proceed with Kimley-Horn in the pre-annexation requirement of preparation of an Urban Services Report. The signature pages of the consent forms are a part of the Urban Services Report that can be read by clicking the orchid. The next requirement in the pre-annexation process was to file the Urban Services Report with the Indian River County Board of County Commissioners. This requirement had to be filed at least 15 days prior to commencing annexation procedures per § 171.042(2). This requirement was met on October 12, 2010. The letter that accompanied the Report and the Board of Indian River County Commissioners response are below. Click the orchid beneath each to read. Letter from IRCBCC 10.29.10
The next requirement in the pre-annexation process was to mail a written notice to each resident/property owner within the area proposed to be annexed, i.e.: Marsh Island. This requirement had to be accomplished at least ten days prior to the first public hearing per §171.042(3). In accordance with the FS, the notices were mailed on November 5, 2010. The notice can be read by clicking on the orchid. The first public hearing on the Annexation Ordinance, which was scheduled for November 15, 2010, had to be advertised at least seven days prior to the first public hearing per § 171.0413(1). The notice, published in the Vero Beach Press Journal on November 8, 2010 can be viewd by clicking on the orchid. The first step in the Annexation Process was to hold a hearing on the Ordinance. The Town of Orchid Town Council held a public hearing on the matter on November 15, 2010 for the first reading of Ordinance 2010-04. That Ordinance can be read in its entirity by clicking the orchid. At the conclusion of the November 15, 2010 meeting, Council voted to postpone indefinitely the first reading of Ordinance 2010-04, i.e. annexation of Marsh Island.
Letter to IRCBCC 10.12.10
Town Council has prepared an informational packet for the public to review. This packet was mailed to each property owner in the Town of Orchid. If you would like to review the document, please click the orchid.
The Town of Orchid Town Council will convene a Special Call Meeting on Monday, April 18, 2001. This meeting will be the first hearing on the Ordinance of Annexation of Marsh Island. The meeting will begin at 9:00 a.m. in the Beach Club Dining Room at 1 Beachside Drive, Orchid, FL.
