VOLUME II COUNCIL OF THE CITY OF PHILADELPHIA PUBLIC MEETING of the COMMITTEE ON FINANCE - - - Thursday, June 1998 9 - - - 10 Public Meeting conducted by the Committee 11 on Finance, held in Room 400, City Hall, Philadelphia, Pennsylvania, on the above date, to consider action on the following: BILLS 980328, 980329, 980383 - - - PRESENT: COUNCILWOMAN ANNA CIBOTTI VERNA, Chair COUNCILWOMAN JANNIE BLACKWELL COUNCILWOMAN HAPPY FERNANDEZ COUNCILMAN JAMES F. KENNEY COUNCILMAN W. THACHER LONGSTRETH COUNCILMAN MICHAEL A. NUTTER COUNCILMAN DAVID COHEN COUNCILMAN FRANK RIZZO 2 PUBLIC MEETING
Thank you. This is a continued Public Meeting of the Finance Committee from Tuesday, June 9, regarding Bills No.980328, 980329, and 980383. The Chair recognizes Councilman Nutter.
Thank you, Madam Chair. Madam Chair, since Tuesday's hearing, and the issue that was raised regarding the contract between the city and BFI, and the trash going to Chester, a letter has been received. I would like to read this letter into the record. This is a letter from the Department of Streets, Larry M. Moy, Commissioner, to Mr. William Wolfram, Market Development Manager, BFI Waste Systems of North America, 1000 Adams Avenue, Suite 100, Trooper, PA 19403, regarding Solid Waste Disposal Agreement by and between the City of Philadelphia and BFI Waste Systems of North America. "Dear Mr. Wolfram: As you are aware, the reference agreement by and between the City of Philadelphia and BFI Waste Systems of North 3 PUBLIC MEETING America, (BFI), is currently before the Finance Committee of the Council of the City of Philadelphia. "Members of the Council have raised concerns regarding BFI's disposal of 100,000 tons of municipal solid waste from the City of Philadelphia at BFI's Waste Resource Recovery Facility in Chester, Pennsylvania. "It is my understanding that the Chester Residents Concerned For Quality Living, (The Residents), have filed a lawsuit against the Pennsylvania Department of Environmental Protection over the state's placing of waste treatment facilities in Chester, and that the U.S. Supreme Court has agreed to decide whether the residents may pursue an 'Environmental Racism Lawsuit" against the state. "This letter is to confirm that should the Supreme Court decide that the residents have standing to pursue such a lawsuit against the state, and if the residents are subsequently successful in this lawsuit, the city and BFI agree to negotiate in good faith to determine alternative methods for disposing of the 100,000 tons of 4 PUBLIC MEETING municipal solid waste. "Sincerely," and signed by Lawrence M. Moy. Accepted and agreed on behalf of BFI Waste Systems of North America by Mr. William Wolfram.
May I ask the City Solicitor and the Streets Commissioner to please approach the Chair.
Good morning, Madam Chair, members of the Finance Committee. For the record, my name is Stephanie Franklin-Suber. I am the City Solicitor for the City of Philadelphia.
Madam Solicitor, could you briefly explain the meaning and legal implications of this letter.
Councilman Nutter, the Law Department has reviewed the letter. We have reviewed the ordinance, the terms and conditions of the contract, as well as the Request For Proposals under which the contract was awarded. The letter is a contractual obligation between the city and BFI. The contract permits the city to add sites. 5 PUBLIC MEETING We believe that the terms and conditions of this letter are consistent with the terms and conditions of the contract. In short, we believe it is legal.
Are there any other questions or comments from members of the committee? The Chair recognizes Councilman Cohen.
Does the letter say anything differently than if the Supreme Court rules that the Chester residents are right, and that it is illegal to send this trash to Chester, then the city will comply?
The letter simply states that if the residents are successful in the lawsuit, the city and BFI will agree to negotiate in good faith to determine alternative methods for disposing the waste.
If the United States Supreme Court rules that it is environmental racism to send the trash to Chester, the city won't 6 PUBLIC MEETING have any alternative. So this letter does absolutely nothing. You have no choice, except to follow what the U.S. Supreme Court says.
Madam Solicitor, the matter of the lawsuit, my understanding is, does not involve in any way, shape, or form the BFI company. They are not, again my understanding is, that they are not a party to the lawsuit, and the lawsuit was not filed against them or about their facility; is that correct?
And, therefore, whatever the Supreme Court decides in the particular case, there is no direct or indirect impact on BFI in that matter, anyway; is that correct?
Are there any other questions or comments from members of the committee? 7 PUBLIC MEETING Hearing none, we will now consider the bills. The Chair recognizes Councilman Nutter regarding Bill No. 980328.
Madam Chair, I move that Bill No. 980328 be reported out of this committee with a favorable recommendation, and a further recommendation that the Rules of Council be suspended so as to permit first reading at our next session of Council. (Duly seconded.)
Properly moved and seconded that Bill No. 980328 be reported out of committee with a favorable recommendation, also a recommendation that the Rules of Council be suspended so as to permit first reading at our next session of Council. All in favor will signify by say aye. Those opposed? The ayes have it. The motion is carried. The Chair recognizes Councilman Kenney regarding Bill No. 980329. 8 PUBLIC MEETING
I move that Bill 3 No. 980329 be reported out of this committee favorably, and a request made for Rules suspension to allow for first reading at our next session of Council. (Duly seconded.)
Properly moved and seconded that Bill No. 980329 be reported out of committee with a favorable recommendation, also a recommendation that the Rules of Council be suspended so as to permit first reading at our next session of Council. All in favor will signify by saying aye. Those opposed? The ayes have it. The motion is carried. The Chair recognizes Councilwoman Fernandez regarding Bill No. 980383.
Madam Chair, I move that Bill No. 980383 be reported out of committee with a favorable recommendation, and that there is a request for a suspension of the Rules to permit first reading at our meeting today. 9 PUBLIC MEETING (Duly seconded.)
Properly moved and seconded that Bill No. 980383 be reported out of committee with a favorable recommendation, also a recommendation that the Rules of Council be suspended so as to permit first reading at our next session of Council. All in favor will signify by saying aye. Those opposed? The ayes have it. The motion is carried. This concludes the Public Meeting of the Finance Committee. Thank you all very much. (Short recess.)
The Finance Committee has readjourned to clarify an amendment that was introduced on June the 9th regarding Bill 20 No. 980328. With our eagerness to push forward on these, I thought that we had approved the amendments, but I am told that we did not. Therefore, at this time I would ask Council member Nutter to make the necessary approval 10 PUBLIC MEETING of the amendments.
Thank you, Madam Chair. On Tuesday, it was read into the record the one provision regarding hauling from the Northwest Transfer Station, that the city forces will continue to provide the hauling. Because at the hearing on Tuesday no 10 action was taken, we want to make sure that that amendment is made and that the bill is subsequently reported out as amended. I would move that the amendment put forward on Tuesday's hearing be approved. (Duly seconded.)
Properly moved and seconded that the amendment submitted on June 9 stand approved. All in favor will signify by saying aye. The motion is so carried. I would certainly go ahead with the other request.
Madam Chair, I move that Bill No. 980328, as amended, with all 11 PUBLIC MEETING amendments, be reported out of committee with a favorable recommendation, and a further recommendation that the Rules of Council be suspended so as to permit first reading at our next session. (Duly seconded.)
Properly moved and seconded that Bill No. 980328 be reported out of committee with a favorable recommendation, as amended, as amended, and that the Rules of Council be suspended so as to permit first reading at our next session of Council. All in favor will signify by saying aye. Are there any nays? The ayes have it. The motion is carried. Again, this concludes the Public Meeting of the Finance Committee. Thank you for calling that to our attention. (Public Meeting adjourned at 9:45 a.m.) - - - 12 C E R T I F I C A T I O N I HEREBY CERTIFY that the foregoing proceedings of the Council of the City of Philadelphia of Thursday, June 11, 1998, were reported fully and accurately by me, and that this is a correct transcript of same. RE: COUNCIL COMMITTEE ON FINANCE _____________________________________ DEBRA A. WHITEHEAD, RPR