A first nation chief, a lawyer, a naturopath, a newspaper reporter, a doctor, scores of homeowners and a packed council chambers turned out Monday evening to oppose an application to put a concrete batch plant in the McLean Lake area.

At a second public hearing in as many months, Territorial Contracting's 10-year battle to move its concrete batch plant from Ear Lake to an area behind the Sleeping Giant Hill in McLean Lake was met with intense opposition for nearly an hour and 40 mintues.

Speaking to members of council, Gillian McKee, Kwanlin Dun First Nation (KDFN) spokeswoman, said she was there to convey to council the words of Chief Mike Smith, who opposes Ron Newsome's plans.

'Since May of 2005, KDFN has expressed our concern to the city about having this concrete batch plant rezoned near two parcels of KDFN settlement land,' Smith said in his letter.

Smith said while the Land Acquisition Review Committee (LARC) may have approved the proposal in principle several years ago, the KDFN was never invited to participate in those discussions.

'KDFN was never involved in the environmental assessment. No one has assessed the cultural implications. No one has assessed the economic impacts in the midst of the natural amenities that make our parcels valuable,' Smith said in his letter to council.

The LARC process has since been replaced by one under the Yukon Environmental and Socio-economic Assessment Act (YESAA).

Smith said he'd like to work government-to-government with council to come up with a different location for Newsome's proposal.

'Our view is this zoning is an expansion of industrial activity into the area,' Smith said in his letter.

Ryan McCallion, who introduced himself as a lawyer in Whitehorse, said he was concerned the city is not following its Officially Community Plan (OCP) in the zoning process as outlined in the Municipal Act.

'I'm a bit concerned the city is not following the OCP,' he said.

Page 72 in the city's 2002 OCP reads: 'Further environmental studies, and management plans shall be conducted, in consultation with the local neighbourhood, prior to any gravel or mineral extraction on or near the Sleeping Giant Hill.'

McCallion said since the city's official plan, which drives policy, calls for consultation, he feels the city is bound to do that.

'I think what the OCP is getting at is the right of the neighourhood to have a say on what goes on in their neighbourhood,' he said.

Section 283.1 and 283.2 of the Yukon Municipal Act states council will not go against the OCP, he said.

Section 283.1 of the Municipal Act reads: 'Council shall not enact any provision or carry out any development contrary to or at variance with an OCP.'

Section 283.2 of the Municipal Act reads: 'No person shall carry out any development that is contrary to or at variance with an OCP.'

'Respectfully, I submit this section requires the council to follow its OCP ...' McCallion said.

Copper Ridge resident Dennis Zimmermann said he is concerned residents with air quality concerns in his area were not consulted on the proposal.

He and his neighbours, he added, have small children and are concerned with the potential impacts of the proposal.

'Many of these families haven't been consulted.'

Whitehorse naturopath Gordon Smith said he shares Zimmermann's air quality concerns and called on council to consider seriously what residents are saying.

'Human and environmental health are vitally interconnected ....

'Our physical environment has become far more dangerous than commonly believed.'

Smith said he believes there is a direct link between the higher incidents of child and adult cancer and higher rates of industrialization in the Western world.

'The precautionary principle is that public and private interests should work together to prevent harm before it occurs.'

Whitehorse physician Dr. Russell Bamford said he too has health concerns. He said he was speaking to council because he's concerned about the air quality in Whitehorse.

He said he's had patients who were displaying symptoms of asthma in the summer, something he called unusual, and believes they were directly related to the industrial activity taking place near the Robert Service Way.

Bamford questioned the logic of permitting an industrial development to operate near a residential area.

'Why would you put a hydrocarbon source upstream from Whitehorse air?'

Whitehorse businesswoman Zola DorÈ said she couldn't understand why Newsome is trying to work against the city's OCP when she herself has changed business plans to fall in line with the city's official plan.

She said she did not appreciate Coun. Dave Stockdale's reference to the OCP as a visioning document which does not have to be followed by council.

Earlier in the public hearing, Stockdale said it's listed in the OCP that it is a guiding document and not set in stone.

'There's a rider in there,' Stockdale said.

Even if council worked to find another location for a concrete batch plant, he added, it would again likely run into opposition.

'Wherever we move it, it will just be the same thing.'

Coun. Doug Graham said he feels misinformation could be in part responsible for some of the opposition council is now hearing about Newsome's plans.

Following her submission to council, Graham questioned Yukon News reporter Genesee Keevil about her views that she made public in an editorial published last Friday.

Graham said he believes things written by Keevil could have been considered misleading.

'Do you still stand by what you wrote?' he asked. Keevil's editorial indicated Newsome's operations would be taking water from an area creek, he added.

Keevil said she stands by her editorial.

The ground water Territorial Contracting is proposing to use, she added, is still part of the water shed and is connected to both the creek and McLean Lake.

'I feel like a lot of councillors are sort of attacking everyone who's here instead of listening,' she said.

Liberal Leader Arthur Mitchell was also present at the public hearing. He said he too feels council has been less than inviting to those expressing their concerns at the public hearing.

'In some cases, councillors appeared to be frustrated that people came to make their submissions. I don't think that's appropriate,' Mitchell said.

He is hearing people coming forward with possible health concerns, he added concerns he believes should be addressed before granting Newsome's zoning approval.

'I have every sympathy for Mr. Newsome; he applied where he could apply,' he said.

Mitchell said the concerns he heard from McLean Lake, downtown, Copper Ridge and Lobird residents should be carefully considered by council.

The McLean Lake location, he added, should not be weighed against other places as to which is better.

'It is not a situation of relativity. Is this or is this not an appropriate place to put this?'

Mitchell said he feels if the health concerns are valid, city council should try to expedite a new application for Newsome at a new location.

Paul Inglis works for Access Consulting and represents Newsome. He said he feels there was a lot of misinformation being put before council that he considers unfortunate.

Inglis said he's often heard concerns over the creation of an asphalt plant, an idea Newsome has never entertained.

'This is not an asphalt plant; it's meant to be a concrete plant.'

Inglis said Newsome is not able to invest in cleaner technology at his current Ear Lake location because he does not have tenure over the land so he cannot guarantee his investment would still be his in the future.

'What he's looking for is long-term tenure.'

He said the new technology being considered by Newsome would mean there would be little if any air pollution coming from the operation and that Territorial Contracting's application to LARC included a water study accepted by the Yukon government.

Newsome told council concerns over air and water quality are not warranted.

He said he's dealt with the facts and is 'disappointed' that many of those opposing his plans are using misinformation.

Mayor Bev Buckway said council will receive a report on the public hearing in early February and is scheduled to make a decision on Newsome's zoning application on Feb. 12.