By Henry A. Stephens
staff writer
November 2, 2005

INDIAN RIVER COUNTY — Fellsmere Mayor John McCants and City Councilman Joel Tyson didn't have to say a word Tuesday, but nevertheless they persuaded the County Commission to reject a proposal that could have led to voters deciding future shifts in the county Urban Service Area.

"We want to annex (county land), and this would take away any ability to rezone it," Tyson said later.

In a 3-2 vote, County Commissioner Gary Wheeler lost a motion for a resolution that would have asked the state Legislature for a special act to give county voters power to approve or reject any movements of the Urban Service Area's boundary line.

The Urban Service Area is the part of the county, mostly east of Interstate 95, within which high-density development is allowed at up to six homes or 10 condominiums per acre. The county provides water and sewer lines, parks and rapid access to police and fire service in that area.

Everything outside the area is restricted to a maximum of one home per five acres and limited to wells, septic tanks and slower emergency response.

Wheeler said he wanted voters, not commissioners, to have the power over the boundary line.

Although current commissioners all campaigned on promises to maintain the urban-rural boundary, Wheeler said, future commissioners might take a more aggressive stand and lead to South Florida-style growth.

"This is extremely important to a vast majority of the people in the county," he said. "I've got to ask myself, 'Who would oppose this?'"

Commissioner Sandra Bowden joined Wheeler's effort, arguing that voters are wise enough to decide the landscape's future.

But Chairman Tom Lowther, Vice Chairman Art Neuberger and Commissioner Wesley Davis dissented in favor of the commission keeping the power.

Neuberger said voters often decide based on emotions and "sound bites" of political advertising.

The Urban Service Area, drawn in 1992, can be changed in two ways, county Community Development Director Bob Keating said. The commission can adopt a change in the Comprehensive Plan, he said. Or the cities of Sebastian or Fellsmere, which border the line, can annex rural land and rezone it to urban densities.

Wheeler's proposal would have let the two cities still annex rural land if their officials wished to, but would have blocked them from rezoning it for urban density without a countywide referendum.

"If I was a member of one of the city councils of these cities that can expand, I wouldn't like this," Neuberger said.

Davis bristled at the idea of letting countywide voters decide the future of land annexed by Fellsmere or Sebastian.

"Some people want this power farther away (from cities)," Davis said, referring to Wheeler. "I want to give this power to people inside the municipalities."

Pelican Island Audubon Society leader Jens Tripson, however, said those cities' annexations shape the same county he lives in and said he should have a vote.

State Rep. Ralph Poppell, R-Vero Beach, said he would sponsor a bill if it was a mandate of the county.

"But to me, that's all five commissioners," he said, adding he didn't see that support.

Vero Beach land-use lawyer Bruce Barkett was one of about six business and development leaders to urge commissioners to reject the resolution. He said commissioners, unlike most residents, have the time and resources to research both sides of an issue.

"It would be disingenuous for me to say you get it right all the time," he said. "But, God help us, you're the best we've got."

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