Rep. Sirois' opposition could mean there will be no vote on Merritt Island incorporation

Florida Rep. Tyler Sirois says there is no way he will support making Merritt Island a city ― or even bringing the proposal to a public referendum. And that could mean the recent push by some Merritt Island residents to get the referendum on the ballot in 2024 will fail.

Before any such referendum for incorporation of a new city can get on the ballot, the Florida House and Senate must approve legislation to support having a referendum. And before that can happen, local members of the Brevard County delegation to the Florida Legislature must sponsor such legislation.

With opposition from Sirois ― who lives on Merritt Island and represents that area in the Florida House of Representatives ― getting the measure through the Florida Legislature could be a long shot, because other legislators likely would defer to the legislators who represent the area in question.

"If I were to sponsor this act, I would be breaking a pledge to my constituents to support policies that reduce the scope of government and tax burden on families and small businesses," Sirois wrote in a letter this week to Merritt Island Redevelopment Agency Chairman Marcus Herman, who also heads the Merritt Island Preservation Committee, a political committee which was set up to explore incorporation of most of Merritt Island into a city. "As a consequence of incorporation, the Board of County Commissioners may be forced to increase taxes or, alternatively, reduce services to account for tax revenue diverted from the county to the proposed city of Merritt Island."

Proposal under study: Merritt Island incorporation debate restarts as some consider possibility of new government

Sirois added that Merritt Island residents also potentially could see their taxes increase in the future, depending on policies adopted by the proposed Merritt Island City Council.

Herman said he is disappointed by Sirois' opposition to having a referendum in which Merritt Island voters could decide the issue, contending that "the people of Merritt Island deserve the right to vote" on the proposal.

But Sirois disagrees, saying that the Florida Constitution empowers the Florida Legislature with a role in the creation of municipalities.

"Given my positions on limited government and low taxes, positions upon which my constituents are well-informed, I view deference to a referendum question as essentially passing the buck on a policy decision for which I am willing to accept responsibility," Sirois said. "With high interest rates, inflation and legislative reforms to the homeowner's insurance market still evolving, I cannot in good conscience advance a policy that potentially increases the financial burden on families and small businesses."

Sirois said people who have contacted him to express their views on Merritt Island becoming a city are overwhelming opposed to the idea, fearing increased taxes and creation of another layer of government.

A 53-page Merritt Island incorporation feasibility study prepared by BJM Consulting Inc. of Coral Gables concluded that Brevard County would lose about $8.32 million in property tax revenue in the 2024-25 budget year if Merritt Island became a city. But the study contends that the county would recover the entire amount through revenue from interlocal agreements with the new city for law enforcement and fire protection, as well as for various other services.

Additionally, the county would lose $3.63 million in state shared revenue, plus $4.68 million in communications service tax and franchise fees, according to the study.

Supporters of making Merritt Island a city say it would give residents "home rule" powers to control the future destiny of their community, through their elected City Council, as well as return a greater share of their Brevard County tax dollars to the community.

Andy Barber, a member of both the Merritt Island Preservation Committee and the Merritt Island Redevelopment Agency boards, said the proposal for incorporating Merritt Island would include a "city lite" concept of municipal government. Under that system, there are relatively few city employees, while the city contracts with the county or other entities for most of its government services.

The study listed these as among the municipal employees Merritt Island would have: city manager, assistant city manager/contract specialist, finance director/comptroller, city clerk/treasurer and administrative assistant, plus a mayor and City Council members.

Veterans Center amphitheater funding: Funding in place for Merritt Island amphitheater at Veterans Center complex

Under the proposal, the city could contract out legal services, growth management and professional services functions. The county could be paid to provide road and bridge, library, parks, planning, zoning and building inspection functions.

Herman, who is the owner and chief executive officer of the Triangle Auto vehicle repair and tire business on Merritt Island, said there is a feeling among some residents of Merritt Island that they are "not getting a good return on investment" for the county property taxes they pay.

Herman pointed to a finding in the study that estimated that, if Merritt Island became a city, its revenues in fiscal 2025 could exceed expenses by between $4.33 million and $5.58 million.

The northern boundary of the proposed 16.97-square-mile city of Merritt Island would be Kennedy Space Center and other federal land, while the southern boundary would be State Road 404/Pineda Causeway, in the area between the Indian River and the Banana River. The total taxable value of properties in the area is $4.67 billion.

The city's population would be about 44,500, making it Brevard County's fourth-most-populous city, behind Palm Bay, Melbourne and Titusville.

Barber, a retired homebuilder, said it would be "a tough row to hoe" to get Florida Legislature approval for putting the incorporation proposal on the ballot without having Sirois as the House sponsor of the state legislation, because Barber felt getting Sirois' support would be "a critical piece" of the process.

Barber said "it doesn't feel like it's American" that one legislator potentially could block the referendum from happening.

"It sure is a squirrely way to do things," Barber said.

But Barber added that "I'm going to do some politicking" with other members of the Brevard County delegation to the Florida Legislature to seek their support, as well as reaching out to mayors of Brevard's 16 existing cities and towns.

The Merritt Island Preservation Committee thus far has raised $11,000 toward its effort, with the largest contributor being Barber, who contributed $7,500. He said he has no personal financial interest in making Merritt Island a city, but made the donation to help the committee get started.

Other donors included other Merritt Island Preservation Committee members, their businesses and the North Merritt Island Homeowners Association.

So far, $3,905 has been spent by the committee, mostly for a law firm to write a proposed city charter for Merritt Island.

The committee also has created a website on the incorporation proposal, https://www.merrittislandpreservation.org/.

The committee plans to schedule a series of public meetings for Merritt Island residents to learn more about the incorporation proposal.

Under Florida's Formation of Municipalities Act, a charter for incorporating a municipality must be adopted by a special act of the Florida Legislature. There also must be a subsequent referendum for Merritt Island residents to consider approving forming a city.

Merritt Island residents rejected incorporation in 1988, when 76.86% of voters cast no votes.

The last Brevard community to incorporate was Grant-Valkaria, where, in 2006, 66.03% of voters approved the community becoming a town.

Port St. John also had considered incorporating. Port St. John residents in 2000 approved a referendum to ask the County Commission to fund a feasibility study of incorporation, with 73.33% support for the study. But, in 2002, Port St. John residents voted against incorporation itself, with 73.52% opposition.

There was no vote of Merritt Island residents to have a incorporation feasibility study. County commissioners earlier this year approved contracting for the Merritt Island study ― a study that Commissioner John Tobia agreed to pay for using federal American Rescue Plan Act money designated for his commission district.

Commissioners at their meeting on Tuesday will formally acknowledge receipt of the study, and have the option of discussion it then.

Dave Berman is business editor at FLORIDA TODAY. Contact Berman at dberman@floridatoday.com, on Twitter at @bydaveberman and on Facebook at www.facebook.com/dave.berman.54

This article originally appeared on Florida Today: Sirois' opposition could mean Merritt Island won't vote on becoming city