Anne Arundel County Councilman Edward Middlebrooks surprised the council Monday by voting to change a proposed stormwater fund from a fee on new development to an all-payer tax.
Middlebrooks, R-District 2, has been the most ardent opponent of the Stormwater Management and Restoration of Tributaries Trust Fund ? not only did he disapprove of the amendment proposed by Councilmen Josh Cohen, Ronald Dillon and Jamie Benoit to impose a fee for current impervious surface (parking lots and rooftops), but also of County Executive John R. Leopold?s original bill that only tacked on a permit fee for adding impervious surface.
“I?ve been against this bill from day one ? but let?s have a good public debate on this issue,” said Middlebrooks during his vote at Monday?s council meeting.
If approved by the council in two weeks, the new fee will charge $30 per residential property, and $30 per 2,500 square feet on commercial properties.
Residents making less than $35,000 and those living within the city limits of Annapolis would be exempt from the fee.
Cohen?s version of the SMART fund would generate $10 million, twice as much as Leopold?s bill. Both versions would use the money for stream restoration and stormwater management projects, which total $1.3 billion.
“Taking baby steps is not making a dent in this problem,” Cohen said.
Cohen was uncertain up to the start of the meeting that he didn?t have the fourth vote.
Councilwoman Cathy Vitale was the most critical of the amendment and pointed out numerous technical mistakes, including the lack of an appeals process and no accurate way to measure impervious surface on a commercial property.
“There is a potential for a significant increase in our workload from both bills on the table,” said Ron Bowen, director of the county?s Public Works Department.
Councilman Ed Reilly, R-District 7, said he supported Leopold?s bill, but not the amendment. Councilman Daryl Jones, D-District 1, voted against the amendment, likely to fulfill campaign promises against such fees.
Support for the amendment does not equate to the bill?s passage, council members said late Monday night. And even if the council finds four votes for the all-payer system, Leopold could veto the bill. It was unclear Monday night what was Leopold?s reaction to the bill.
“There will be significant problems implementing this amendment if adopted,” as it raises a “legal yellow flag,” said Alan Friedman, Leopold?s government affairs director.
