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Decoin hearing... Sims.>delivers final blow By MIKE JOHNSTON Free Press Staff Word play and the question of what is relyin the publi's in- teet preoccupled lawYers i sumniations wrrapplng ilp the En- viromnental Assess- ment Boardbhearing into the Decom application last Tuesday. The board wiIl now make its recommen- dations to the full En- vlronmental Assess- ment Board which will review theni and make furthr . recommen- dations to the director of approvals i the Mlnlstry of Environ-' ment. The director is expec- ted Wo receive the recommendations in August. He wiIl then make a decision about whether or not to ap- -prove the waste transfer station Decom wants to build on Sunray St. in Witby. Decom' lawyer Tom Lederer began bis second day of sum- mation repeatedly telllng the board tliat the question of need should not weigh heavily i their recom- mendations. Wbtby lawyer David Sums had, early in the hea!rings, won. the right to proceed with the question of need from board. . members Michael Jeffery and Mary Munro. Lederer said the terni ia misleadlng. To make bis poit he produced a copy of the Oxford Pocket Dic- tionary and read the meaning of the word. Accordlng to tbe dic- tionar it means a want, a requirement. or obligation to do something. "This means it must be done, it bas to be done," he said. "The test here sbould not be need. The test here should . be rationale, " said Lederer Who tben produced the dicionary and read tbe meaning of rationale. It is defied as a reason or logical situation. Ne reasoned that the rationale -behind the station could Improve thel]ives of the people of Ontarlo - even if it is not required. Lederer said Decom will not be as dangerous to the citizens of Whitby as other businesses in the area whicb led hlm to his next point - "'What is. the public interest? The few people that camne here and objected Wo it? The people of On- tario? The hospitals? " He said the test of rationale does not go against the public in- terest. He concluded bis submlssion by telling the board tbat "1professional" *advice Whitby council received stated the station was suitable for tbe location and it was not until a public meeting was held and people opposed tbe station, that council cbanged their minds. ."ITbere ls no reason to turn this down, it is al emotional. The board sbould rise above emotion and base it's decision on substantive evidence. The risk is small and the need over balances lt." However, town Iawyer David Sums disagreed witb Lederer and argued that the board sbould examine tbe legisiation and definition of the nature of the waste. He said the nature of the materials Deconi would be handling could resuit ln the tran- smission of com- municable diseases sbould an accident oc- cur. "This communlty and the employees at the SEE PG. 14 Wednesdayjunel11, .1986 44 Pages ww - ... - Hear Ye! Scarborough Town Cryer Frank Knigbt rose to the occasion last week duringthe Town of Whit- by's annual sports recognition night and dld an exceptional job calling out the names of those Whtby bas chosen for recognition this year. See page 17 for pictures andstory. Free Press Staff Photo Decom approved ini secret meeting <Two montbs before the Decom -application was.made public May, 1985, town council ap- proved the application "lin principle" in a closed door session beld prior to a regular meeting of council on the evening of Marcb 25. The only indication of the motion in the town's minutes of tbe Marcb 25 council meeting is a resolution number un- der the beading "Report of a Meeting of Council in Committee of the Whole beld Marcb 25,. 1985" and an acknowledgement that the motion was moved by Tom Edwards, seconded by Gerry Emm and carried. No details of the ap- plication appear in the minutes. Council later sbot down the application at a public meeting June 24 of tbat year as a resuit of tbe public outcry that aroee once the Decom application was made public by the town. Brooklin beauties Judges at this year's Miss Brookjin Spring Fair competition bad a daunting task chosing from the stunming array of beauties entered in the pageant. The pageant kicked off the 75th annual run for the fair Thursday evening. However, when ail was said and done, there was no doubt Ashburn's Beth Jacobson (far right) was a deserving choice for this year's honours. Selected first runner-up in the pageant was Stephamie Nicole (second from Ieft) of Port Perry. The girls are seen here with feilow con- testants Sandra Porko of Rrooklin, Cathy Duff of Whitby, and Tiffany Barton also from Whitby. Not shown in the photo is contestant Susan Lehane of Port Perry. As Miss Brooklin Spring Fair 1986, Beth will ýgo on to compete in the annual beauty pageant at the Canadian. National Exhibition later this summer. For more pictures of this year's fair see pages 12 and 13. Free Press Staff Photo In an interview Tuesday morning, town clerk Don McKay said tbe record of the original motion only becarne public record after it was introduced as evidence in the En- vironreental Assess- ment Board hearing into tbe Decom application wbich concluded last week. "There was no record of the motion at the tinie because it was discussed at a closed meeting,'" said McKay. He added that, although the motion was not one whicb might nornially be considered an in camera matter. "it was council's decision at the time to dJscuss iL in private." According to McKay, tbe town bas no "bard and fast" rule gover- ning wbat may or may not be considered by council behind closed doors but said that "las a general rule" in camera matters relate to: SEE PG. 42 Town pursues delinquent devielopers By MIKE JOHNSTON Free Press Staff The Town of Whitby should immediately draw on a' lIetter of credit to fix up homes built by Grand Oaks Ilomes just south of Woolco on Thickson Rd. S., claims counillor Joe Drumn.-- A letter of credit is required by the town from a developer in the event of a default or bankruptcy. As developmfent proceedaÉ the amount of the credit decreases. In a very intense speech to council on Monday night, coun- cillor Drumm said some - .> SEE PG. Q Vol 16, N.23 ýýR