Malabar Town Council Item 13.e: Stormwater Program Interlocal Agreement Renewal With Brevard County on November 16

The Malabar Town Council will consider a one-year renewal of the town's Stormwater Program Interlocal Agreement with Brevard County on Monday, November 16, 2026, at 6:30 p.m. The item is 13.e, listed under Action Items on the regular meeting agenda. Under the agreement, the county's Natural Resources Management Department runs the town's stormwater program. The staff report lists a base annual fee of $17,500, adjusted each year for inflation. No vote has been taken.

What Item 13.e Asks the Council to Do

Item 13.e is titled "Natural Resources Management Department, Stormwater Program Interlocal Agreement ILA Renewal." Richard Kohler, Town Clerk/Treasurer, prepared the agenda report.

The report lists one action option. It is a motion to approve and authorize Mayor Rivet to execute a one-year renewal of the Stormwater ILA Contract 2023 between the Town of Malabar and the Brevard County Board of County Commissioners for the Stormwater Program.

Background on the County Partnership

The staff report states that the town has a long-standing partnership with Brevard County. It states that the county has administered and managed the town's stormwater program for over a decade. The goal is consistency with the policies, procedures and practices of the county's Natural Resources Management Department Stormwater Program.

In 2023, the Town Council approved the current interlocal agreement. The staff report states that it provided a 3-year contract with up to two one-year renewals.

The report also states that the agreement gives the town resources that are not available within the town's own capacity or expertise. It notes that the town may choose added county services, programs or continuing consultants at an added fee.

Cost to the Town

The staff report gives these figures.

• The annual cost is figured at a base rate of $17,500, adjusted by the Consumer Price Index as described in the agreement.

• In fiscal year 2025/26, Brevard County charged the town $18,758.52 for these services.

• Stormwater fund line item 538.3405 is budgeted at $20,000 for fiscal year 2026/27.

Section 7 of the agreement sets the $17,500 figure as the town's share of the county program's administrative costs for the 2022-23 fiscal year. That share is adjusted each year by the Consumer Price Index for All Urban Consumers, U.S. city average, as reported by the U.S. Bureau of Labor Statistics. The agreement states that the town is billed the adjusted fee each year by October 15.

Section 2 also lists two per parcel charges. The rate paid to the Brevard County Property Appraiser for administrative costs was set at $0.60 per parcel for fiscal year 2022-23, with later rates tied to the county's agreement with the Property Appraiser. Information Technology Department services are charged at $1.00 per parcel.

What the County Handles Under the Agreement

Section 2 of the agreement states that the county will administer and manage the town's stormwater program. The listed tasks include the following.

• Managing the parcel database, with coordination among the County Property Appraiser, Tax Collector and Information Technology offices.

• Running the Credit Policy Program, including inspection and review.

• Drafting the required ordinances, rate resolutions and annual assessment rolls each year.

• Reviewing and adjusting stormwater assessment bills through the Error and Insolvency process, when appropriate.

• Providing information on billing inquiries from citizens.

• Looking into illicit discharges and other environmental or water management concerns.

• Doing yearly compliance inspections of stormwater systems that receive a stormwater credit.

• Preparing the annual report and related work under the town's Phase II MS4 stormwater permit under the NPDES program.

The agreement states that all ordinances, rate resolutions and assessment rolls the county drafts must be reviewed by the Town Manager and approved by the Town Attorney. They must also be adopted by the Town Council, as required by law.

How Stormwater Assessment Money Is Used

Section 3 states that stormwater special assessment revenue collected in the town will be used to administer, plan, build, operate and maintain stormwater systems that benefit the town. The town may use the funds for maintenance or capital improvements of its existing stormwater system. The Town Council may approve other related uses by a simple majority vote.

Section 4 states that the town is the custodian of the funds. Under Section 5, spending these funds requires approval from both the county's Natural Resources Management Department Director and the Town Manager. If the two disagree, the Town Manager's decision prevails.

Assessment Adjustments and Appeals

Section 5 gives the Director, or a designee, authority to adjust or individually calculate an annual stormwater assessment under county policies. Appeals about credits, exemptions or adjustments follow the procedure in Brevard County Code, Chapter 110, Article V, Section 110-373(c). The town must receive notice of any adjustment request or appeal. It has the right, but not the duty, to take part in any hearing.

Section 10 states that the town will defend, at its own cost, claims or suits over the stormwater program within town limits. Under a separate agreement, the county may defend the town against claims about fee adjustments, credits or appeals. Those defense costs would be paid from the town's stormwater assessment.

Term and Termination

Section 21 states that the agreement runs for 3 years after both parties sign it. It may then be extended by both parties in one-year steps for up to 2 more years. The county submits a "Written Notification of Contract Renewal," Exhibit A, to the Town Manager for each extension.

Section 20 allows either the town or the county to end the agreement with at least 120 days' written notice. The town remains responsible for outstanding costs allowed by the agreement.

Florida Law Behind the Agreement

The agreement states that the county and the town each run a stormwater program under Chapters 403 and 197, Florida Statutes. Section 403.0893, Florida Statutes, allows a county or municipality to fund stormwater systems in several ways. One is to create, alone or with other local governments under the Interlocal Cooperation Act, a stormwater management system benefit area. Property owners in that area may be assessed a per acreage fee. The statute allows counties and municipalities to collect these fees with the non-ad valorem method in Chapter 197.

The agreement is made under Section 163.01, Florida Statutes, the Florida Interlocal Cooperation Act of 1969. The statute states that its purpose is to let local governments make the most efficient use of their powers by cooperating with other localities on a basis of mutual advantage. Section 163.01(11) requires an interlocal agreement and later amendments to be filed with the clerk of the circuit court before they take effect.

How to Take Part

The agenda states that comments on agenda items may be made as those items come up. A speaker card is required, with a five-minute limit per speaker. Anyone who needs a special accommodation under the Americans with Disabilities Act should contact the Town's ADA Coordinator at 321-727-7764 at least 48 hours before the meeting.

To comment on Item 13.e, turn in a speaker card at the Malabar Town Council meeting on Monday, November 16, 2026, at 6:30 p.m. at Town Hall, 2725 Malabar Road, Malabar.