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Motion of the Council of Allegheny County directing Council's solicitor to file suit against the Allegheny County Chief Executive and/or the Fifth Judicial District Court of Common Pleas, seeking a declaratory judgment regarding conditional use of County-owned property, specifically the former Shuman Center site.
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WHEREAS, pursuant to Article IV, §2(k) of the Home Rule Charter of Allegheny County, Allegheny County Council is vested with the power and duty to “[b]y ordinance, lease, convey, vacate abandon, or permit the use of County land, buildings, or other real or personal property.”; and
WHEREAS, the language of the Charter does not exempt the Chief Executive, the Courts, or any County row officer or other officer or official from the requirement that transactions of this nature must be authorized by ordinance; and
WHEREAS, from time to time, the Allegheny County Chief Executive has introduced ordinances in accordance with this Charter provision in order to allow the County to execute contracts with business, nonprofit, and governmental entities to have exclusive use of County-owned property in order to undertake their activities; and
WHEREAS, bills of that nature introduced by the current Chief Executive in his last term of office alone include (but are not limited to): 12786-23 (allowing Allegheny County Budo-Kai to lease a fairgrounds building in South Park), 12787-23 (authorizing lease of another South Park fairgrounds building to Mon Valley Express Drum & Bugle Corps), 12788-23 (authorizing the lease of two buildings and an amphitheater in South Park to South Park Theater, Inc.), 12712-23 (authorizing the lease of an exhibit building gin South Park to Jurassic Alcove, Inc.), 12632-23 (authorizing the continued operation of Angora Gardens in White Oak Park by UPMC Western Behavioral Health), 12631-23 (authorizing the lease of property in Deer Lakes Park for farming by Beacom Farms for farming activities), 12630-23 (authorizing the lease of the South Park BMS track to South Park BMX, Inc.), 12167-22 (authorizing operation of the Oliver Miller Homestead in South Park by Oliver Miller Homestead Associates), 12210-22 (authorizing Family House, Inc. to conduct the Family House Polo Match in North Park), 12251-22 (authorizing Playtone & SF Studios to use County property in North Park and elsewhere to film a motion picture), 12398-22 (authorizing continued leasing of a structure in South Park to South Park Boxing, Inc.), 12399-22 (authorizing continued use of a structure in Boyce Park by Western Pennsylvania Police Athletic League), 11694-20 (authorizing continued use of property in Harrison Hills Park as a leaf composting area by Harrison Township), 11834-21 (authorizing the use of County owned land in White Oak Park as an animal rescue and adoption center by White Oak Animal Safe Haven, Inc.), 11894-21 (authorizing the execution of a contract with the Pittsburgh Downtown Partnership to grant exclusive use of the Andy Warhol Bridge for five days for the Picklesburgh festival), 11939-21 (authorizing continued use of property in North Park as a boat rental and outdoor activities business by Venture Outdoors), 11984-21 (authorizing the use of County-owned property for the placement of “healthcare related educational advertisements” by Highmark Health), 11985-21 (authorizing use of County property in North Park and in the County Courthouse for filming a television series by Picrow Streaming, Inc.), 12030-21 (authorizing use of property in North Park by North Hills Eagle Squadron as a remote control model aircraft field), 12031-21 (authorizing use of property in South Park by South Park Radio Kontrol Society as a remote control model aircraft field), 12032-21 (authorizing the use of property in Boyce Park by Gateway Radio Control Society as a radio control model aircraft field), 12088-21 (delegating the ability to issue certain highway occupancy permits, licenses, and rights of entry to the Department of Public Works), 11373-20 (authorizing use of a structure in Boyce Park by Family Links, Inc. to conduct programs for individuals and families in need), 11374-20 (authorizing the operation of Wagman Observatory in Deer Lakes Park by the Amateur Astronomers Association of Pittsburgh), 11375-20 (authorizing the use of property in North Park by North Park Paddle Tennis for operation of a platform tennis organization), 11398-20 (authorizing use of a structure in South Park by Nate’s Reptile Rescue for programs relating to education about and proper care of reptilian pets), 11399-20 (authorizing the joint use of property in Round Hill Park by the County and Allegheny County Parks Foundation for construction of three livestock shelter structures), 11400-20 (authorizing the use of property in North Park by the North Hills Council of Governments as a leaf composting area), 11401-20 (authorizing use of County owned property in Boyce Park and elsewhere by Tristar Productions, Inc. for filming a motion picture), 11453-20 (authorizing the use of County owned real and personal property in the Office of the Medical Examiner and elsewhere by Fidelis Productions LLC for filming a television series), 11466-20 (authorizing the installation of a sanitary sewer line in North Park by the McCandless Township Sanitary Authority), 11603-20 (a previous incarnation of the authorization of the use of property in South Park by Allegheny County Budo Kai), 11604-20 (a previous incarnation of the authorization to use property in South Park by Mon Valley Express Drum & Bugle Corps), 11630-20 (authorizing the use of County owned real and personal property in Hartwood Acres Park by Netflix Productions LLC for filming a television series), and 11631-20 (a previous incarnation of the authorization to use property in South Park by South Park Theater, Inc.); and
WHEREAS, in the current Chief Executive’s last term alone, at least 30% of the ordinances passed by Council were authorizations for private, nonprofit, or governmental entities to conduct their own business activities on County-owned property pursuant to leases, contracts, or other forms of contractual agreements; and
WHEREAS, on Friday, September 15, 2023, the County issued a press release announcing that “[t]he Fifth Judicial District of Pennsylvania today announced that it has contracted with Adelphoi to offer detention services in Allegheny County,” and continues on to note that “Adelphoi is currently the only provider of detention services for Allegheny County that guarantees the availability of detention beds. Once renovations of the former Shuman Detention Center building, which is owned by the county, are complete, Adelphoi will initially serve 12 youth with plans to offer programming to additional youth in the future.
Adelphoi will begin offering detention services at the initial temporary site once renovation of a residential pod is complete. Construction bids for the site were posted on August 7 with a mandatory pre-bid conference and site visitation held on August 15. Bids were due on September 6. Companies could bid on the entire project, or any of three construction areas - general, plumbing, and electrical. The county is currently going through its final review process and expects to award those bids in the near future.” (emphasis added); and
WHEREAS, the same press release also notes that “[t]The County Manager anticipates that a letter to proceed will be issued by September 27, 2023 with construction meetings beginning in early October. Renovations will occur inside and outside of the building. The approximately $4.7 million renovations are to be complete by December 31, 2023. Contractors are being offered financial incentives to complete the work earlier.
As work is completed on the first temporary pod, continual planning design and eventual construction of the full detention portion of the facility will be ongoing. The completed facility is anticipated to have 60 beds.”; and
WHEREAS, the same press release states that Adelphoi was selected as an “agency that provides all levels of trauma-informed and evidence-based serves for delinquent and dependent children,” and is “the only provider of detention services for Allegheny County that guarantees the availability of detention beds.”; and
WHEREAS, it is the judgment of Council that the plain language of this press release indicates that (1) the Courts and administration agree that the former Shuman Center site is County-owned property, (2) Adelphoi is a private entity engaged in the business of providing detention services to children throughout Pennsylvania, (3) Adelphoi will have exclusive use of the former Shuman Center site in which to operate its business activities and those activities will constitute the fundamental functions of the County’s juvenile detention center, (4) Adelphoi will be the sole entity providing a range of detention services to the County for children housed at the Center, and (5) Adelphoi will initially begin providing detention services to up to 12 individuals when the first residential pod is renovated, with such services anticipated to reach as many as 60 individuals when renovations are completed, and no other providers are contemplated for the detention center’s core functions; and
WHEREAS, in the judgment of Council, granting Adelphoi this level of exclusive use and control over a County-owned facility constitutes a “use of County land, buildings or other real or personal property” within the meaning of Article IV, §2(k) of the Charter, and therefore requires authorization by ordinance in order to be valid; and
WHEREAS, also in the judgment of Council, the contract with Adelphoi as described is far more analogous to the exclusive use of park property or the Warhol Bridge by private business entities, the Parks Foundation, or the McCandless Township Sanitary Authority than it is to contracting with an entity such as a food supplier for limited services at a County-operated facility like the Allegheny County Jail; and
WHEREAS, in the judgment of Council, it is profoundly disturbing that the current administration would selectively disregard the clear language of Article IV, §2(k) in a fashion that subjects the use of County-owned property as model airplane fields and for the Picklesburgh festival to significantly more public notice, review, and discussion than has been provided for a fundamental decision regarding housing adjudicated children in this instance;
NOW THEREFORE, IT IS MOVED, that the solicitor for Allegheny County Council is hereby authorized and directed to pursue a declaratory judgment regarding the applicability of Article IV, §2(k) to the contract for use of Shuman Center by Adelphoi.