Councilor Lopez vs The Transfer Station

Councilor Diosdado Lopez is a good man who does a good job of representing Ward 2. However, I am pro-business, and pro-jobs. Councilor Lopez has taken a very strong stand against the transfer station, and the story of this conflict is what I am telling here.



Orders filed by Councilor Lopez during the March 4 City Council meeting. All but 29, and 31 are in reference to the proposed transfer station at Berkshire, and Main Streets.


29. LOPEZ -- That at least two 15 minute parking spaces be created in front of the Reliable Computer business from 9am to 5pm (monday thru satuday).

30. LOPEZ -- That no parking at anytime signs be erected on Main and Berkshire and on Berkshire street next to the yard side.

31. LOPEZ -- That the Building Commissioner come to the Public Safety Committee to discuss the corner building on South Bridge and Cabot (Fire happened last year).

32. LOPEZ -- That the attached resolution be adopted by the City
PLUTA Council and forward to Mr. Mark S. Haley DEP, Solid
Waste Section, 436 Dwight Street, Springfield, MA
01103 as soon as the Technical review period will
commence when proof of the completion of the public
notice requirements of 310 CME 16.10(4) has been received
by the City Council.

33. LOPEZ -- That the Ordinance Committee create an Ordinance prohibiting the hauling of trash by railroad carts near the reservoirs. Water Commissioners should be invited and the manager.

34. LOPEZ -- That the Board of Health or Ordinance Committee require any trash haulers to register with the Police Dept. or Board of Health. That an application fee be part of the application annually.

35. LOPEZ -- That the Law Department provides all the legal easements adopted by the City Council at the Sewer plant property (2 Berkshire Street).

36. LOPEZ -- That the Ordinance Committee review the US Supreme decision regarding moratoriums in which US Supreme Court has upheld the use of moratoriums as planning tools, when used along the lines described below, in the case of Tahoe-Sierra Preservation Council, Inc v. Tahoe Regional Planning Agency, 520 U.S. 725,117 S.Ct. 1659 (1997).

37. LOPEZ -- That the City Council start the process of hiring an independent Counsel for City Council business.

38. LOPEZ -- That the Ordinance Committee review and compare the legal definitions of Moratorium and Prohibiting (chapter 40a: section 9).
Here is one from the Black's Law Dictionary, which defines moratorium as "1. An authorized postponement, usually a lengthy one, in the deadline for paying a debt or performing an obligation; 2. The period of this delay; and 3. The suspension of a specific activity." In other words, a moratorium is by definition temporary.

39. LOPEZ -- That the Ordinance Committee review the attached Chapter 40a: section 9. Special permit sited on the Legal opinion from the City Solicitor regarding Moratoriums....the one year Moratorium is not to prohibit any transfer stations "A city or town shall not adopt an ordinance or by-law prohibiting the siting of such a facility or the expansion of an existing facility on any locus zoned for industrial use....." ....The moratorium is to study and propose new regulations for transfer stations in the City. Moreover; the Moratorium is not indefinite...it's for a year time period.


40. LOPEZ -- That the Law Dept. provides all the legal easements or street closing information regarding 2 Berkshire Street (City Property) and if the street (Berkshire was legally discontinued by the City and City Council.

41. LOPEZ -- That the City Council members, Board of Health Commissioners, and the Planning Board get a copy of the attached EPA Manual for transfer stations.

42. LOPEZ -- That the City Council members, Board of Health Commissioners, and the Planning Board get a copy of the attached Newspaper article dated February 11, 1997 regarding Mr. Scott Lemay and his company.

43. LOPEZ -- That the Police Dept. start enforcing the state and EPA laws regarding truck fumes while park near Main and Berkshire and on Berkshire next to the City sewer plant. MGL Chapter 90 16A

44. LOPEZ -- That the Ordinance Committee create an Ordinance regarding Idling in the City.
"On the entire length of Main Street from South Canal to Papineau and including Berkshire Street, trucks or any vehicles idling or found standing for more than five minutes will be subject to the following fines for each violation:
a) 200.00 dollars for first offense
b) 300.00 dollars for second offense
c) 500.00 dollars for third offense

45. LOPEZ -- that the Ordinance Committee review the 2007 EPA report from the City of Holyoke DPW regarding trash generated from Holyoke. (8,275 69 tons a year)





Support for Councilor Lopez seems to be coming from this Holyoke group. click here

Here is United Waste Management's Holyoke web site. click here