The Baltimore County Council on Monday unanimously passed a bill that rezones a property owned by Catonsville developer Stephen Whalen to allow for the temporary storage of construction equipment there.

The measure, introduced by Councilman Pat Young, raised concerns among residents of Kenwood Gardens, a condominium complex across the street from the property, and from Paul Dongarra, a Catonsville activist running for the County Council next year.

“This bill benefits only Mr. Whelan and exposes a climate of pay-to-play politics in Baltimore County,” condo resident Noreen Startt told the council. “Residents have not been allowed to sit at the table regarding this matter.”

Whalen denied any behind-the-scenes dealing.

He explained that he has leased the site, located off a northbound access ramp of the Baltimore Beltway’s inner loop in Catonsville, for $2,200 a month to Stella May Contracting — a subcontractor working for Baltimore Gas and Electric Company on a State Highway Administration project.

“The benefit is for a public service project,” Whalen said.

Young introduced Bill 67-25, which allows for storage in properties zoned Office Building Residential (OR-1), if that storage is related to a highway construction project through November 2027, when the project is expected to be completed.

Whalen said the $79,000 rental agreement with Stella May lasts until then, but added that he neither approached nor lobbied Young to write the measure.

The longtime developer and his son’s company have contributed more than $23,000 to Young, according to state campaign finance records, although the councilman said he had returned half of those donations.

“Young only called me to verify the details,” Whalen said. “It’s important to note the storage is limited to state highway work. You can’t park there if you’re building a McDonald’s.”

Code violations, past mistakes

The site off Frederick Road across from Kenwood Gardens has always been a source of ire, Startt said.

Years ago, she said, Whalen was constructing a multistory medical office building on the property — a controversial project that faced blowback from the condo board association.

Startt recently complained that construction vehicles, piercing back-up alarms and increased traffic have been disrupting the community for the past year.

The property was cited for a code violation earlier this year, and the county issued an order for Stella May and Whalen to move the equipment in May. Whalen asked for an extension and the county scheduled a code violation enforcement hearing for September, but postponed it after Young introduced his bill.

Before Young was elected, Whalen contributed to Catonsville’s previous councilman, Tom Quirk, who helped the developer secure approval for a planned unit development so that he could build a medical complex on the same property that now houses the construction equipment.

A state prosecutor charged Whalen with five counts of violating campaign finance laws stemming from $7,500 of those contributions to Quirk. Whalen pleaded guilty in January 2013 and was fined $58,000, which he paid that day. He received probation before judgement.

Quirk was not charged and cooperated with the investigation.

Whalen vehemently denied that his past mistakes had any bearing on Bill 67-25.

“I screwed up back in 2011 and I regretted it ever since,” he said after Monday’s council meeting. “You don’t judge an individual on the worst thing they ever did.”

Dongarra previously told The Banner that even the perception of misconduct is troubling.

“This is a bill for one person, for one purpose, and it’s wrong,” he said.

Passes without issue

Despite Startt’s testimony, Whalen’s history and Dongarra’s complaints, all seven councilmen voted to pass the bill without discussion.

Members typically practice councilmanic courtesy and do not interfere with local issues in their colleagues’ districts.

The developer sat inside the council chambers on Monday armed with a manila folder full of talking points, but decided not to testify on behalf of the legislation, he said.

“You gotta have a thick skin in this business, but it’s frustrating,” Whalen said.

Startt was equally frustrated.

“It seems like it’s kind of special treatment for special people,” she said.