Allegheny County Council Meeting – September 26, 2023

The Allegheny County Council held its regular meeting on September 26, 2023, with 15 members present. The meeting opened with a tribute to labor leader Tom Conway, followed by several proclamations, public testimony on a contentious proposal to use the former Schumann Center for juvenile detention, and a series of unanimous approvals. A major debate centered on a motion to authorize a lawsuit against the county executive and courts over the use of county property for the Schumann Center, which passed after a procedural dispute. The council also heard public comments on veteran housing, benzene monitoring at the Clairton Coke Works, and funding for the Community College of Allegheny County.

Consent Calendar

• Approval of minutes from the July 5, 2023 regular meeting (unanimous).
• Proclamations: Recognizing William T. Hillgrove (50+ years in sports broadcasting), Wilkinsburg Athletic Association youth football and cheerleading (proclaiming September 14, 2023 as Wilkinsburg Athletic Association Day), Dr. Leon Haley (50+ years of service), and Cameron Aziz (Boy Scouts lifesaving award).
• Second‑reading ordinances and resolutions passed unanimously (15‑0):
  • 12791‑23: Amendment to grants and special accounts budget for 2023.
  • 12793‑23: Ratification of year‑end transfers.
  • 12792‑23: Local Economic Revitalization Tax Assistance (LERTA) program for deteriorated areas in Pittsburgh.
  • 12789‑23: Acceptance of donated fire hose from Seville Volunteer Fire Company.
  • 12790‑23: Acceptance of donated fall‑protection harnesses and lanyards from U.S. Steel Corporation.
  • 12784‑23: Condemnation of temporary construction easement for Bailey’s Run Walk Reconstruction Project.
  • 12785‑23: Condemnation of permanent right‑of‑way and temporary easement for Douglas Run Bridge replacement.
• Appointment of Michelle Payanzo to the Board of Property Assessment Appeals and Review (15‑0).
• Motion 12814‑23: Authorization of three‑year contract with Henderson Brothers Inc. for insurance placement (passed 13‑0 with two abstentions).

Public Comments & Testimony

Comments on Agenda Items (Schumann Center)

• President Judge Kim Berkeley Clark (Fifth Judicial District) opposed the motion regarding the Schumann Center, arguing that the county lacks detention beds for youth charged with serious violent or gun offenses, leading to tragic outcomes. She stated that Adelphi (the proposed private provider) operates on a program‑funded basis (payment determined by license capacity, not number of children detained), eliminating financial incentive to detain, and that Allegheny County judges are not corrupt. She cited two incidents: a youth released due to no bed later charged as an adult for a shooting, and a youth who died after removing his electronic monitor.
• Brad Kerensky (private citizen, former chief legal counsel for the county executive) argued that the county charter requires council approval for any use of county property, and that circumventing council sets a bad precedent for future administrations.
• Sam Schmidt implored council to vote against privatization, citing Adelphi’s history of physical and sexual abuse and existing class‑action lawsuits, stating that detention does not reform children.
• Tanisha Long argued that judges are corrupt and the system disproportionately incarcerates Black boys (90–100% in the county jail). She urged council to follow the charter and not sell children to a company with a history of abuse.
• Carl Redwood (Hill District) stated that privatization of the Schumann Center will not make communities safer and that youth are already being held in county jail.

General Public Comments

• Kent Bay (Project Love Coalition) requested support for providing housing to veterans in crisis, and highlighted a fatal incident involving a veteran named William Hardison who was killed during an eviction by multiple law enforcement officers.
• Lisa Graves Marcucci presented monitoring data on benzene emissions from the Clairton Coke Works, noting that U.S. Steel’s fence‑line monitoring over six months showed an average benzene concentration of 33.3 micrograms per cubic meter – ten times the proposed federal action level and California’s long‑term health threshold (3 µg/m³). She stated that 97% of Allegheny County’s benzene emissions come from that facility, and urged support for EPA’s proposed fence‑line monitoring rule.
• Scott Cornish, Sujana Kanjila, and Cheryl Friedman (faculty members of the Community College of Allegheny County) appealed for increased county funding, citing needs for facility upgrades (e.g., ventilation at South Campus, disintegrating studio at North Campus), adequate space for the honors program, and support for the aviation program to address the national pilot shortage.

Discussion Items

• Appointment of Timothy Maury to the Accountability, Conduct and Ethics (ACE) Commission (12756‑23): The Committee on Appointment Review returned the appointment without recommendation. Council debated allegations of a previous conflict of interest in his prior service on the commission. After a roll‑call vote was interrupted by a procedural dispute (Councilman Walton refused to vote without explanation, leading to a brief recess and ruling that he was out of order), the appointment failed 4 ayes, 10 nays, with one member not casting a vote.
• Motion 12813‑23 (Suit against County Executive and Courts): Councilmember Hallam introduced a motion to direct the council solicitor to file a declaratory‑judgment lawsuit over the use of the former Schumann Center site. She argued that the county executive and the courts conspired to supersede council’s charter authority over county property. Councilmember DeMarco questioned whether inter‑governmental uses require council approval, noting that other government entities (e.g., elections office) use county property without council votes. After a motion to end debate passed 9–6, the main motion passed 9 ayes, 4 nays, with two abstentions. Several members expressed concerns about premature action and insufficient due diligence.

Key Outcomes

• Motion to sue (12813‑23) passed (9 ayes, 4 nays, 2 abstentions). Council will seek a declaratory judgment regarding conditional use of county‑owned property at the former Schumann Center.
• Timothy Maury appointment to ACE Commission rejected (4 ayes, 10 nays, 1 not voting).
• All other appointments (Sully, French, Kramer, Douglas, Payanzo) were approved, with Sully passing 12‑3, and French, Kramer, Douglas passing with one dissenting vote each.
• All second‑reading ordinances and resolutions passed unanimously (15‑0).
• Public comments on veteran housing, benzene monitoring, and CCAC funding were heard and noted; no immediate council action was taken.