The ayes are 15; the nays are one. 6/18/09 - STATED - 2ND READING
The ayes are 15; the nays are one. A majority of all members having voted in the affirmative, the bill passes. I apologize. Please, 090097 I will be voting aye. So I will reannounce that the ayes are 16 and the nays are zero on Bill 090097. A majority of all members having voted in the affirmative, the bill passes. Thank you. The Clerk will now read Bill 090074.
An ordinance amending Chapter 9-600 of The Philadelphia Code, entitled "Service and Other Businesses," by adding a new Section 9-614, entitled "Mandatory Use of Recyclable and Compostable Checkout Bags," all under certain terms and conditions.
This bill having been read on two different days, the question now is shall the bill pass finally. 6/18/09 - STATED - 2ND READING The Chief Clerk will call the roll.
Aye -excuse me. No. Can I reverse that vote, please, to no? I'm so used to being cooperative.
No. 6/18/09 - STATED - 2ND READING The ayes are six; the nays are ten. A majority of members voted in the negative, the bill does not pass. The Chief Clerk will please read the title of Resolution No. 090501.
A resolution confirming the appointment of Damone B. Jones as a member of the Board of Ethics, to serve in the term ending November 16, 2012.
The Chair recognizes Councilman Clarke for a motion on the resolution.
Madam Chair, I move for the adoption of the resolution. (Duly seconded.)
It has been moved and properly seconded that the resolution be adopted. All in favor will indicate by saying aye. (Aye.)
The ayes have it and the resolution has been adopted. Are there any speeches on the part of the minority? (No response.)
Are there any speeches on the part of the majority? The Chair recognizes Councilman Kenney.
Madam President, if Councilman DiCicco is going to speak on the same issue I'm going to, I will defer to him as the primary sponsor of the bill that just was defeated, but I would like to be heard after him. If that's -- Councilman DiCicco, what's your -COUNCILMAN DiCICCO: You go ahead.
All right. you, Madam President. It's going to be fun -- first of all, I'd like to say, Madam President, you look wonderful up there and you've done a wonderful job moving us along today in a very efficient matter, and I thank you for your service there today.
You look terrific. I want to say what I have to say in my newly imposed Zen-like calm that I brought upon myself. Councilman DiCicco is the prime sponsor of the bill that was just defeated, and I worked very hard over the past two years to come to a conclusion on this issue, which we believe and other members of Council, obviously not enough, believe that are environmentally sensitive to issues surrounding the condition of the dirt in our streets, the refuse and litter in our trees, the trash and litter in our rivers, and basically with the world who has banned plastic bags and similar items in other parts of the world. As a matter of fact, I believe the UN recently has just asked for a worldwide ban on plastic bags. So we've been trying to both keep our city clean and come forward with the rest of the world when it comes to this type of material. And we've worked and Councilman DiCicco as prime sponsor has worked very hard and moved this bill forward, and we had a lot of give and take in the Council Committee and the Committee members. I thank them all for their efforts. It really was a good process. And today I'm not surprised that the bill lost. I learned that the bill may lose or may go down sometime this morning in caucus. So I've had time to wait for it to be defeated. Many people came before the Council Committee to testify against and for the bill, and some of them I do understand totally. I mean, I understand I understand the people who make the bags. Certainly it's in their best interest or their view of their best interest to have this bill defeated. And we had thought that with the two-year effort to give the retail establishments who complained about the ban some time to deal with recycling and some other progressive measures to mitigate the negative effects that the bags in our communities, we thought that that was sufficient. We also thought that a two-year imposition, two-year waiting period for the imposition of the ban, was also an appropriate and reasonable method. Apparently it wasn't, and we'll continue to move forward to try to make this happen. Many people, as I said, came before the Council to testify against the bill. One of the opponents of the bill apparently was pretty active in the last week. I think it's Mr. Jeff Brown from ShopRite, who did not testify at the hearing. I believe they did send a letter opposing the bill, but did not testify personally against the bill at the hearing, but told Councilman DiCicco recently that he should do what he has to do and he'll do what he has to do to defeat the bill. Apparently he was successful. But I am going to do what I have to do during the course of the summer, and, that is, make sure that every environmentally sensitive citizen of this city and region and everyone who is concerned about the condition of our streets and the conditions of our rivers and the conditions of our trees know that ShopRite, a regional and local retail food establishment, supermarket, doesn't care about those issues. Mr. Brown, for whatever reason, and the ShopRite people would like to see the streets continue to look the way they do. We have given them the with this in a recycling way, and apparently through his lobbying efforts, he was successful. And everyone, again, has their right to vote the way they want to vote, but I think that people in this city and this region who care about the environment, who care about the condition of our environment should not spend their money at ShopRite, should look for someplace else to go that cares about the condition of our town and the condition of our environment and spend your money elsewhere.
I'll be spending my summer motivating and mobilizing all of the environmental groups that I can find to make sure that everyone knows that ShopRite, our local company, was behind or partly behind the defeat of this progressive bill today. Thank you, Madam President.
Thank you. The Chair recognizes Councilman DiCicco. DiCICCO: Thank you, Madam Chair, and thank you, Councilman Kenney, for your remarks. I do appreciate them. I quickly would like to thank those that supported the plastic bag ban today, and while the bill has failed, I am proud of how the supporters of the legislation behaved. I especially want to take this opportunity to thank my colleague, Councilwoman Blondell Reynolds Brown. Without her leadership, her support and her ability to find compromise, we would not have gotten this far. She was steadfast and firm in her commitment. Her ability to stand by her word is an example for all of us. Like any issue we deal with, there are those in favor and those opposed. Throughout this process, the American Chemistry Council has advocated against any legislation restricting the use of plastic bags. Today they won. may have been exercising their rights and I recognize and respect their position, I do have some concerns with how they have behaved throughout this process. In my opinion, I have never dealt with an industry that has been so manipulative. From the unfulfilled promises of two years ago to a recent press release stating that the legislation was dead, they have behaved poorly. Whether we agree on an issue or not, I expect those that I deal with to be honest and forthright. Unfortunately, the Chemical Council showed little integrity throughout, and I am disappointed that we have allowed those tactics to prevail. Also today, City Council passed the Central Delaware River Waterfront Overlay. I want to thank all of you for your support on this legislation and to thank the community groups, the property owners, the Administration and Penn Praxis for their diligence throughout the this process. While some on all sides are already calling for changes, we're proud of the final result. We limit uses, laid a foundation for an active street front, maintained a waterfront setback, embodied public access and created the first car-sharing initiative in the City. Each of those aspects individually is a major accomplishment, but what we accomplished by working together is more. As the Daily News editorialized, this could be a giant leap not only for the Delaware but for the City as a whole. That's because it helps readdress the way the City gets developed. This legislation is an attempt to depoliticize the development process and allow planners the ability and the power to plan effectively. This idea is a significant departure from the status quo and, in my opinion, the most important feature of the bill. uneasy with this change, and I appreciate and respect your willingness to push forward. These types of legislation are exactly what Karen Heller called for in her column earlier this week. These matters are big and have long-term implications for the City. And so is legislation that protects historic interiors, regulates dumpsters, although we're holding the bill for further consideration, prohibits outdated products, allows construction projects to move forward and permits the sidewalk cafe that has divided some communities. Some of these issues are big because they initiate change or alter the City's landscape. Others are big because they're important to our residents' quality of life. Whichever the case, I am proud of my role in this legislative process and understand that sometimes we have to sacrifice perfection for the good. I look forward to working other big issues, like the BRT and property tax reform, continued work on gaming and many other issues that may seem mundane but are actually some of the most important matters to the residents' quality of life in the City of Philadelphia. Thank you, Madam Chair.
Thank you, Councilman. The Chair recognizes Councilman Jones.
Thank you, Madam President. As our session draws to an end, myself and our colleagues recognize that our work has not been drawn to an end, that we will continue to work on public policy issues over the summer. As our eyes move from City Council and turn west to Harrisburg, I would encourage the Philadelphia delegation to continue to promote a favorable budget, to pass a favorable municipality to work. I look to our leadership to guide us on how we can be helpful, we here in Council, to help that come to a successful conclusion. I call upon our Governor to lead us into a fiscal situation that is allowing our municipality to continue the vital services to our community. As we do our summer work, we will continue to support the Mayor and the Administration in their efforts to get a favorable budget passed. As we draw our session to conclusion, we have a lot of work that is left undone, but I am proud, along with my colleagues, as to the work that we did do, and continue to work on public policy issues that are meaningful to the citizens of Philadelphia. We didn't pass a perfect budget, but we passed a budget that allows us to keep the lights on and the doors open and the vital services flowing citizens, who pay our bills and pay our taxes. And for that, I thank my fellow colleagues for their work. Thank you, Madam President.
Thank you very much, Councilman Jones. The Chair recognizes Councilwoman Sanchez.
Thank you, Madam Chair. Today I'm compelled to make a public statement to clarify some recent reports. I'm encouraged that my disagreement on what I believe to be a reinterpretation of campaign finance law has generated so much public debate. This Council established the Board of Ethics because it believes, as I do personally, that we need to have an oversight board to prevent and help elected and appointed officials, City employees and Board members, to comply with our ethics law. As everyone knows, I have a of Ethics on some procedural matters that I believe deserve further public discussion. I will soon have my day in court, since I was not afforded one before the Board of Ethics. I hope my final resolution generates as much attention and helps us establish a fairer, more transparent and predictable process for everyone. Thank you, Madam Chair.
Thank you very much. The Chair recognizes Councilwoman Brown.
Yes, Madam President. I would like to go on the record to say that the door remains open on the plastic bag legislation. I have been of the position throughout this process that it is absolutely imperative that we educate and inform and bring those along who haven't embraced why we need to move to a greener, sustainable city. thank Councilman Frank DiCicco for including in his legislation the amendment that would allow all the stakeholders, the retailers, the chemical companies, those who use plastic bags, as well as consumers, an opportunity for us to sit around the table and figure out how we thoughtfully bring others along who don't believe in this, as well as how we thoughtfully roll out a new initiative. So the issue is not dead. It does suggest, as the vote has indicated this morning, that we still have some work to do. As we move to relook at this issue with the sponsor of this bill, my hope and expectation is that those who care enough about it to see that it was not successful today sit down with us to flesh out how we can make a new bill better going forward. And with anything related to sustainability and greening, it's imperative that we educate, educate, inform and enlighten every single step of you, Madam Chair.
Thank you very much, Councilwoman. The Chair recognizes Councilman Clarke.
Thank you, Madam Chair. Madam Chair, I wasn't going to speak on the plastic bag issue, but I feel that I need to. First of all, as a District Councilperson that represents probably the most diverse section in the City, I do care about the conditions of the City in my district and particularly as it relates to the fact that some of these trash bags blow over and create an unseemly condition as it relates to litter. And I do care about the environment, as a Councilperson who has lived across and close to the park for the better part of his life. So I just want to clear that up, that my vote in a negative for this particular bill had nothing to do with my feelings on those particular issues. And I want to say that I commend both sponsors, co-sponsors of the bill, as it related to their willingness to get engaged in a controversial issue and have been working on this for some time. Frankly speaking, I wish they had delayed it a little longer, but I understand the frustrating nature of sometimes trying to move something through City Council. I am prepared as a Councilperson representing the 5th District to continue to engage in this issue, because I do think something should be done as it relates to the conditions in neighborhoods that these bags create, but, frankly speaking, I'm a little concerned that if we have biodegradable bags and if we had paper bags, the same people who throw the existing plastic bags on the street are on the street. So I think there's a broader issue as it relates to the littering in the City of Philadelphia. But if this can contribute to our ability to diminish that, then I'm for it. As it relates to the environment, I'm prepared to get engaged in a meaningful way. One of the things that I needed to feel comfortable -because I do represent a district, as a lot of you all do, that has a lot of stores where a lot of people depend on being able to have carryable bags. I see senior citizens all the time coming from small mom-and-pop stores, who probably don't have the ability to get the type of paper bags or biodegradable bags. And I understand this is a two-year process for full implementation, but I just needed to feel a little more comfortable. So I would have liked to have seen us had the opportunity to address that and at least make myself comfortable personally for my summer. With respect to ShopRite, I want to say that ShopRite, although I don't have Mr. Brown's ShopRite in my district -- we're actually soliciting him to move into the district. I just want to say that ShopRite is a supermarket. Jeff Brown is a person who is willing to go in the neighborhoods where nobody else would even think about going. So I want to say that I support the ShopRite. Whenever I get a chance, I will shop in a ShopRite, particularly if it's owned by Mr. Brown. So the call to possibly boycott -(Applause.)
-- that particular market is not something that I'm comfortable with. But this is America and this is the City Council of Philadelphia, so everybody has the right to say what they want to say. But I think that Mr. Brown, particularly given some of the placed his stores in, understands possible concerns that a number of his patrons may have with respect to that. But saying all of that, personally I am prepared to work with both sponsors and come up and craft something that will ultimately get us to a point that we need to get in the City of Philadelphia. So with that, thank you. Thank you, Madam Chair.
Thank you. The Chair recognizes Councilman DiCicco. COUNCILMAN DiCICCO: Thank you, Madam Chair. Not to belabor the point, but just to follow up on some of the comments by my colleague, Councilman Clarke. This isn't about people throwing paper or plastic bags in the street. It goes really beyond that. Plastic bags just never go away. We became, as a society, conditioned to believe that everything that is convenient for us is better somehow. But living in a throw-away society, I always wonder and ask the question, Where is a way? We live on a planet. Whatever we do affects this planet. Plastic bags, plastic bottles and all those convenience things that we've become accustomed to in the last 30, 40, 50 years are things that never go away. They remain there for thousands of years. So it's not just about somebody throwing a plastic bag into the street. It's about the impact on the environment. And there are those on the other side that say there are environmental issues as it relates to cutting down trees to manufacture paper and the weight of paper is greater. Well, we can argue this point forever. There is no perfect solution, but it has been proven. When countries, countries, entire countries, to ban plastic bags, we can't follow in their footsteps is beyond my comprehension. My frustration is not with City Council. My frustration has been with the chemical industry who, two years ago when we began having these hearings, met with me and Councilman Kenney in my office on at least two occasions and promised us, promised us that they were going to implement an educational program, which is important, as Councilwoman Reynolds Brown had talked about. They were going to create more opportunities for people to be able to bring plastic bags back to the retailers for the purpose of recycling. Every single promise that they made two years ago has not been met. Not one. They come in a few weeks ago to testify again and their testimony was literally a carbon copy of the testimony that they gave in this Chambers two years prior. There was no change. Had there movement, some signal that they were moving in that direction to help with recycling and educating people about the environmental problems relating to not recycling, we probably wouldn't ever have called this bill up in the form that it was called up. As for Mr. Brown, I know I hear a lot of great things about him. We finally, after two weeks, had a conversation a couple of days ago, and he said, Look, I think we want to accomplish the same thing. We have a different way of going about it. Maybe if you reduce the fee from 25 cents to a nickel, I would support that. Well, I don't understand that. You're either for it or you're not. But charging a nickel means I guess it's more money for the retailers, and I guess they're entitled to make more money. But he really did not offer me any other solutions, but reduce the price from a quarter to a nickel as opposed to a total So, again, I just want to let everyone know, my frustration is not in this City Council. It is with the chemical industry and their lack of following up on promises they made to us two years ago. Thank you, Madam Chair.
Thank you very much. Are there any more speeches? Would anyone else like to speak?
Just an announcement. For those of us who care about making sure that all of Philadelphia's children are insured, across the hall immediately following City Council will be a briefing by the Children's Health Insurance Program, and all are invited to find out how we can uninsured children. Thank you, Madam Chair.
The Chair thanks the Councilwoman. The Chair recognizes Councilman Clarke for a motion to adjourn.
Thank you, Madam Chair. I move that Council stand adjourned until Thursday, September 17th, 2009, 10:00 a.m. (Duly seconded.)
It has been moved and seconded that Council stand adjourned until Thursday, September 17th, 2009 at 10:00 a.m. All in favor will say aye. (Aye.)
I guess there is none. We're adjourned. (Stated Meeting adjourned at 12:40 p.m.) CERTIFICATE I HEREBY CERTIFY that the proceedings, evidence and objections are contained fully and accurately in the stenographic notes taken by me upon the foregoing matter on June 18, 2009, and that this is a true and correct transcript of same. ______________________________ MICHELE L. MURPHY RPR-Notary Public (The foregoing certification of this transcript does not apply to any reproduction of the same by any means, unless under the direct control and/or supervision of the certifying reporter.)