HARFORD COUNTY 102 §. Hickory Avenue, Bel Ai, Maryland 2104 OMmce 10986-7300 wns ora . BLIC SCHOOLS Office of General Counsel Kimberly H. Neal Esquite, General Counsel John E. Burke, Esquie, Staff Attorney Ph, 410-638-4008 + Fox 410-638-4022 Kimberly. Neal@hcps.crg von Burke @heps.cxg April 26, 2022 VIA ELECTRONIC AND FIRST-CLASS MAIL Lois Kissinger Kelly, Chair of Planning Commission Town of Bel Air Departments of Planning and Public Works 705 €. Churchwille Road Bel Air, MD 21014 Re: _ Homestead-Wakefield Elementary School Redevelopment (04P-22-02-SP/LP 900 S. Main Street, 99 Idlewild Street Dear Ms. Kissinger Kelly, write to advise that Dr. Sean W. Bulson, Superintendent of Harford County Public Schools, is in receipt, of your April 8, 2022 letter (“Letter”) conveying the Bel Air Planning Commission's ("Commission") conditional approval of the proposed Site Plan and Landscape Plan submitted by the Harford County Board of Education ("Board") for the replacement of the existing Homestead-Wakefield Elementary School facilities. Throughout the planning review process, the Board’s representatives communicated well with the Commission regarding the intended Plan. The Board's goal was to understand and address any concerns that the Commission might have that could hinder the plan’s approval. As recently as April 7, 2022, Mr. Cornell S. Brown, J., Assistant Superintendent for Operations, believed that the Commission intended to evaluate any concerns raised by the Town of Bel Air by evaluating options in conjunction with the Board, as a community stakeholder and partner, and to mutually solve those concerns before any final decision Needless to say, the Board was surprised to learn the very next day that the Commission issued an “approval” that contained several excessive conditions that must be accepted within 60 days calendar days. Significantly, the Letter requires the Board to dedicate a 50 ft. wide public road right-of-way for a connecting public road across the school site (see no. 1 and no. 5.a.(3) under “Site Plan” and no. 2. under “Landscape Plan’ in the Letter). This condition not only exceeds the Commission's legal authority but also is requires the Board to ignore Maryland law. Maryland courts have treated Boards of Education as state or county agencies, depending on the circumstances. Since the construction of schoo! buildings is closely supervised by state law, the Board is a {eonssie.2(010868.00003))State agency for purposes of the use of Board real property and the application of local land use restrictions. 87 Opinions of the Attorney General 119, 122 (2002). As a State agency, the Board is not subject to local zoning regulations. City of Baltimore v. State, 281 Md. 217, 223-24 (1977). Therefore, the Commission's requirement that the Board dedicate a 50 foot right-of-way on this land for the Town of Bel Air to construct a public road as a condition to issuing a building permit for the construction of the replacement school facilites is beyond the Commission's authority regarding a State agency. To be clear, all property owned by the Board is held in trust for the benefit of the school or the schoo! system. Md. Code Ann., Education §4-114. As such, the Board is not a developer, as the signature line in your Letter would suggest. In fact, the Board has used the property in question for educational purposes as the site of the Homestead-Wakefield Elementary School since 1958. The decision of whether school property is no longer needed for educational purposes is within the sole discretion of the Board and the State Superintendent. In contrast, the Commission's self-proposed public road will not serve an educational purpose. The Letter specifically states that the Town of Bel Air's intention for the road to serve as “a connecting road across the site from MD Route 924 to the western site boundary line in such a place that will allow extension to West MacPhail Road” and will be “offered for dedication to the Town of Bel Air.” By requiring the Board to dedicate a right-of-way for the future construction of this public road as a condition for issuing a building permit for replacement schoo! facilities, the Commission is usurping the Board's authority with regard to property held in trust for educational purposes" The Commission's conditions related to the right-of-way and public road leave the Homestead-Wakefield Elementary School replacement project at a standstill. This delay will not only affect the Homestead- Wakefield Elementary School students, families, and community, but will increase the cost of construction {for the Board and other stakeholders affected by the proposed public road, including Harford County. In conclusion, the Commission’s request for a 50 ft. right-of-way site of the Homestead-Wakefield Elementary School is simply not practicable given the Board’s continued educational use of the site as well as future campus improvements to the Bel Air Middle School. Since the Board cannot agree to provide the requested right-of way for public use, the Board requests that the Commission reissue the Letter with the removal of the conditions related to the right-of-way and public road. Sincerely, ry 07, fnle\ 7k Kimberly H, Neal, General Counsel Harford County Public Schools Ce: Rachel Gauthier, President, Harford County Board of Education Dr. Sean W. Bulson, Superintendent, Harford County Public Schools * Even ifthe Board decided to cease using the site for educational purposes, surplus property must be transferred to the county government for its disposition, not to the Town of Bel Air. Md. Code Ann., Education §4-115(c) While this scenario is not currently applicable, since the Board does intend for the site to be used for the construction of the replacement school facilities, it further illustrates the Commission’s attempt to improperly exert authority over the Board to transfer property in violation of the Education Article. (004551872 (010568.00001))