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HomeMy WebLinkAbout11/24/2008 Council Meeting Minutes NOVEMBER 24, 2008 Minutes of a regular meeting of Council held on November 24,2008, at 7:00 p.m., in the Council Chambers. Councillor Woo led the meeting in prayer. ROLL CALL Present Were: Also Present: Mayor J. Abernethy Councillor A. Foster Councillor R. Hooper Councillor M. Novak Councillor G. Robinson Councillor C. Trim Councillor W. Woo Chief Administrative Officer, F. Wu Director of Engineering Services, T. Cannella, attended until 7:30 p.m. Director of Community Services, J. Caruana, attended until 7:30 p.m. Director of Planning Services, D. Crome Solicitor, D. Hefferon Director of Operations, F. Horvath, attended until 7:30 p.m. Director of Corporate Services and Human Resources, M. Marano, attended until 8:35 p.m. Director of FinancelTreasurer, N. Taylor, attended until 7:30 p.m. Director of Emergency Services/Fire Chief, G. Weir, attended until 8:35 p.m. Administrative Assistant to the Municipal Clerk, C. Fleming, attended until 7:30 p.m. Municipal Clerk, P. Barrie DISCLOSURES OF PECUNIARY INTEREST Mayor Abernethy indicated that he would be stating future pecuniary interests with respect to any matters related to the application to amend the Clarington Official Plan submitted by Patricia Stephenson, Robert and Daniele Stephenson and Garthwood Homes Limited which was reviewed at the General Purpose and Administration Committee Meeting of November 17, 2008 (PSD-117 -08) as a member of his family is related to one of the proponents. Council Meeting Minutes - 2 - November 24, 2008 ANNOUNCEMENTS Councillor Woo announced that on Thursday, November 20, 2008, he along with Mayor Abernethy and Councillors Hooper and Novak attended a charity dinner hosted by small businesses at the Port Darlington Marina. The event raised $1,000 in support of Bethesda House. Councillor Woo also announced that Marg Maskell, the woman who initiated the "Support our Troops" banners will be meeting with The Honourable David C. Onley, Lieutenant-Governor of Ontario to present him with a banner. Councillor Hooper announced that the CPR Holiday Train will be making a stop in Bowmanville on December 1,2008 at the CPR tracks at Wellington Street and Scugog Street at 9:00 p.m. Johnny Reid and Tracey Brown, Country Music entertainers will be performing. Donations of non-perishable food items will benefit the Salvation Army, the Clarington East Food Bank and St. Vincent De Paul. Councillor Hooper also announced on December 5,2008, at 7:00 p.m. the Downtown Bowmanville BIA will be hosting the annual tree lighting ceremony featuring "Just for Kids" children's entertainers Rick and Terry. Councillor Foster announced the following: . On November 25, 2008, the Energy-From-Waste Site Liaison Committee will hold its first meeting at 7:00 p.m. at Regional Headquarters in Meeting Room LLC. . On December 2 and 4, 2008, information sessions on the clear bag program will be held at Lydia Trull Elementary School from 6:30 p.m. to 9:30 p.m. . On November 27,2008, a meeting on Zero Waste will be held at Faith United Church from 7:00 p.m. until 9:30 p.m. hosted by Local Citizens for Zero Waste. Councillor Novak announced it was her extreme pleasure to attend the Canadian Citizenship Ceremony held in Durham Region welcoming 41 new citizens to Canada from all parts of the world. She stated she has a copy of the Ceremony Program if anyone is interested in reading it. Mayor Abernethy announced that today he, along with Councillors Foster, Robinson and Trim, attended a Heart and Stroke Foundation presentation on Automatic External Defibrillators at the Newcastle and District Recreation Complex. Mayor Abernethy advised there are seven units installed in municipal facilities and that 90 municipal staff are qualified to operate them. Mayor Abernethy stated he will speak to the Director of Operations regarding funding opportunities for additional defibrillators for the Municipal Administrative Centre and the Library. Council Meeting Minutes - 3 - November 24, 2008 MINUTES Resolution #C-546-08 Moved by Councillor Hooper, seconded by Councillor Foster THAT the minutes of a regular meeting of Council held on November 10, 2008, be approved as amended to replace the word "Newcastle" with the word "Enniskillen" in Councillor Hooper's announcement pertaining to "Christmas in the Village" on Page 2. "CARRIED" PRESENTATIONS There were no Presentations introduced under this section of the Agenda. DELEGATIONS David and Valorie Whitehead addressed Council concerning Correspondence Item D - 7 to request clarification of the zoning of their property. Mr. Whitehead advised that in 2008, they approached the Planning Services Department to request information on where they could construct a shed on their property to raise goats and were informed at that time that their home and most of their acreage was zoned "Environmentally Protected". Mr. Whitehead stated the property had previously been zoned "residential farm" for a number of years and that staff of the Planning Services Department informed them that in 2007 the zoning had been changed and that a notice had been placed in the newspapers to advice of the change. Mr. Whitehead stated he has since been in contact with the Province and has been advised that the property is not zoned core but countryside and therefore, has nothing to do with "environmentally protected" land other than being on the Oak Ridges Moraine. Mr. Whitehead advised his family wants to start a farm to supplement their income. He also stated that the zoning on a neighbouring property is agriculture and that there is an aggregate operation on another nearby property. Valorie Whitehead stated they were appealing to Council to allow them to farm on their property which they had been doing for the last nine years and which was their original intention when they bought the property years ago. In response to questions, Mr. Whitehead advised that they were under the impression that Municipal staff were going to contact them to follow-up and that they now have Affidavits from persons who will attest to the fact that the property was farmed in the past. Council Meeting Minutes - 4 - November 24, 2008 COMMUNICATIONS Resolution #C-547 -08 Moved by Councillor Trim, seconded by Councillor Robinson THAT the communications to be received for information be approved. "CARRIED" I - 1 Minutes of the Tyrone Community Centre Executive Board dated September 17, 2008. I - 2 Minutes of the Clarington Living Green Community Advisory Committee dated June 24 and September 23, 2008. I - 3 Minutes of the Clarington Heritage Committee dated October 21, 2008. I - 4 Minutes of the Clarington Highway 407 Community Advisory Committee dated November 7,2008. I - 5 Minutes of the Clarington Agricultural Advisory Committee dated October 9, 2008. I - 6 Correspondence has been received from the following individuals/groups objecting to the proposed "Energy-From-Waste" facility and urging Council to support more environmentally sustainable and fiscally responsible alternatives: a) Dan and Kim King b) Scott Penfound c) Emilia Miller d) Tom McHaffie I - 7 LAS Local Authority Services Ltd. (LAS) advising that LAS' Municipal Energy Management Benchmarking Project is now underway and LAS is seeking volunteer municipal staff interested in joining an "Advisory Group"; forwarding Terms of Reference for the Municipal Energy Management Benchmarking "Advisory Group"; and, requested interested staff to contact Robert Storey at 416-971-9856, ext. 350 or rstorey@amo.on.ca to become a member. The first meeting will be held on November 25,2008. Council Meeting Minutes - 5 - November 24, 2008 I - 8 The Honourable Dwight Duncan, Minister of Finance and Minister of Revenue, the Honourable Jim Watson, Minister of Municipal Affairs and Housing and the Honourable George Smitherman, Minister of Energy and Infrastructure, Deputy Premier, announcing that the Municipality of Clarington will receive $3,466,299 on November 12, 2008, to spend on capital priorities as a result of the implementation of the Investinq in Ontario Act, 2008; and, attaching details of the 2007 -08 Surplus Allocation Formula and reporting requirements. I - 9 The Honourable Jim Bradley, Minister of Transportation, acknowledging the Municipality's keen interest in the Highway 407 East expansion and proposed interchanges on Highway 401 in light of the plans that Ontario Power Generation has for New Nuclear Build at Darlington Nuclear Generating Station; advising Ministry staff will continue to work closely with Council and municipal staff in coordinating plans for infrastructure in and around Clarington and to prioritize the proposed interchanges on Highway 401; and, indicating that the idea of a partial interchange will be carefully considered. I - 10 Kristin Robinson questioning the logic for Council's defeat of a motion to request an investigation into Regional Council representation. Ms. Robinson believes that Mayor Steve Parish has demonstrated sufficient evidence to support that there may be some inequalities of municipal representation on Regional Council; acknowledging that a review will not necessarily lead to an increase in numbers at the Region; and, thanking local Councillors Foster, Woo and Robinson for trying to investigate the imbalance of representation. I - 11 Kristin Robinson writing to Clarington Council, the City of Pickering Council, Durham Regional Council and Durham Planning Committee, the Provincial Ministry of Infrastructure Renewal and the Ministry of Municipal Affairs and Housing expressing concern with urban sprawl and the future of Durham Region with respect to the loss of important farmlands, wetlands, woods, etc., and the lack of consideration of native flora and fauna in the process. Ms. Robinson references Clarington staff Report PSD-115-08 regarding Council's position on "Growing Durham" and requests that all elected officials do their due diligence and protect all municipalities in Durham Region for the future. Council Meeting Minutes - 6 - November 24, 2008 I - 12 R. A. (Bob) Fowler, Secretary, Ontario Property and Environmental Rights Alliance expressing concern with the linking of the interpretation and implementation parameters of the Endanqered Species Act 2007 to the regulatory framework of the Drainaqe Act and of future linkages to other Provincial Statutes which will result in municipal costs and taxes accelerating while mortgage worth and property values decrease. The Alliance states that the questionable origins of the Endanqered Species Act 2007 and current provincial downloading of direct and indirect costs onto local municipal councils is a strong argument for Land Ownership Rights legislation in Ontario. I - 13 James Clancy, National President, National Union of Public and General Employees thanking Council for proclaiming the first annual Community Social Service Workers Appreciation Day on November 6, 2008. I - 14 Jamie Robinson, Director, Strategic Communications, Nuclear Waste Management Organization (NWMO), forwarding an information package on the design process for selecting a site to manage Canada's used nuclear fuel for the long-term; advising the Project Description Communication Backgrounder has been revised to reflect input and comments; and, welcoming feedback on the information to ensure that NWMO addresses the communication needs of local communities. I - 15 Sue Stickley, Senior Communications Officer, Low-Level Radioactive Waste Management Office (AECL), forwarding correspondence from Oscar Acuna, Acting Director, Division for Europe, Department of Technical Cooperation, International Atomic Energy Agency expressing appreciation to the Government of Canada, particularly Atomic Energy of Canada Limited, for hosting the Interregional Training Course on Decision Making and Stakeholder Involvement in Repository Development October 1 to 10, 2008, and to the Nuclear Waste Management Organization (NWMO) and Ontario Power Generation (OPG) for co-hosting the event. The event will help Member States to understand the process for making decisions involving various stakeholders leading to the selection of sites for underground facilities (laboratories and repositories); acknowledging the courses are essential to developing an understanding of the technologies and appropriate social-political conditions for HLW management in IAEA Member states with less well developed concepts; and, advising the willingness to share the broad understanding and knowledge gained by Canada in decision making through stakeholder involvement is highly appreciated. Council Meeting Minutes - 7 - November 24, 2008 I - 16 Bryan Clarke, CRS-S, Chief Administrative Officer, Association of Ontario Road Supervisors (AORS) forwarding their 2009 Training and Professional Development Program booklet advising they have significantly increased the number of seminars and training programs in the Leadership for Public Works Professionals, Equipment Operator Safety, Legislation and Safety and Maintenance and Construction Activities categories; and, suggesting Council encourage employees to apply for Certified Road Supervisor (CRS) accreditation or reclassification and to join their AORS local association as membership increases corporate professionalism, accountability and morale. I - 17 Wendy Bracken forwarding copies of her delegation to the General Purpose and Administration Committee meeting of November 3, 2008, including correspondence she has sent to the Honourable John Gerretson, Minister of the Environment on Zero Waste and to all waste management stakeholders, copies of her October 21st delegation to the Regional Health and Social Services Committee and October 29th delegation to Regional Council concerning the proposed Energy-from-Waste EA and monitoring. The correspondence clarified that where she has referred to a $150 million incinerator it should read a $198 million incinerator as the cost given in the Business Case with Durham's share being approximately $155 million. I - 18 The Honourable Jim Watson, Minister of Municipal Affairs and Housing, forwarding a copy of the "Facing the Future Together" Report of the Provincial Municipal Fiscal and Service Delivery Review, a joint effort of the Province of Ontario, the Association of Municipalities of Ontario and the City of Toronto which has produced a landmark agreement creating a new fiscal framework for the future. Electronic copies of the Report and additional information are available for viewing at www.Ontario.ca/provincialmunicipalreview. 1-19 Linda Gasser requesting Mayor Abernethy and Regional Councillors Trim and Novak to provide Clarington residents with an explanation as to the rationale for voting against the motion at the Regional Council meeting of October 29, 2008, to undertake a review of Regional Council composition and forwarding a copy of a November 4,2008, Toronto Star editorial "Rep-by-pop in Durham" concerning the vote. Council Meeting Minutes - 8 - November 24, 2008 I - 20 The Honourable Dwight Duncan, Minister of Finance and the Honourable Jim Watson, Minister of Municipal Affairs and Housing providing information on the impact of the recommendations of the Provincial-Municipal Fiscal and Service Delivery Review (PMFSDR) and confirming that the Combined Benefit Stable Funding Guarantee (CBSFG) will ensure that the municipality's combined benefit of 2009 Ontario Municipal Partnership Fund (OMP) allocation plus the reduced costs from Ontario Drug Benefit and Ontario Disability Support Program uploads will be equal to or greater than the March 2007 OMP. I - 21 John O'Toole, MPP, advising that Premier McGuinty has forwarded Council's resolution regarding exemption from provincial sales tax on goods and services purchased by Ontario police services to the Honourable Dwight Duncan, Minister of Finance. CORRESPONDENCE FOR DIRECTION Resolution #C-548-08 Moved by Councillor Robinson, seconded by Councillor Trim THAT Correspondence Items be approved as per the agenda with the exception of Items D - 6 to D - 9, inclusive. "CARRIED" D - 1 Mayor Pat Fiacco, City of Regina, Dr. Louise Walker, Chair, Canadian Centre for Ethics in Sport (CCES) and Beckie Scott, Olympic Gold Medalist, advising of the release of "What Sport Can Do: The True Sport Report" by True Sport, a national movement for sport and community; inviting Council to take the lead in helping sport live up to its potential as a powerful force for good in the community by declaring the Municipality a True Sport Community and joining over 1,400 other sport communities, organizations, clubs, leagues and teams actively working to ensure that sport is built on the values of excellence, fair play, fun, and inclusion. Further information is available at www.truesport.ca. (Correspondence referred to the Director of Community Services) Council Meeting Minutes - 9 - November 24, 2008 D - 2 Bruce Ellis, expressing concern with the speed of traffic and raising safety concerns with intersections and driveways along the Ganaraska and Newtonville Roads and requesting the posted speed limit in the village of Kendal be reduced to a 60k zone to address public safety concerns. (Correspondence referred to the Regional Municipality of Durham) D - 3 Roger Yates, expressing concern with the narrow width of Mill Street and the lack of a sidewalk or bicycle lane, creating a safety issue for those walking, biking or jogging and the increased danger that will occur over the winter months due to weather conditions. (Correspondence referred to the Director of Engineering Services) D - 4 Confidential Correspondence from Brenda Kelly regarding a Property Matter. (Correspondence to be distributed under separate cover) (Correspondence referred to the Director of Planning Services) D - 5 Nancy Kelman advising of a pilot project in San Francisco where dog excrement is collected and converted into energy by putting it into an anaerobic digester that converts it to methane gas that can be used for heating homes or running gas ovens and producing valuable compost for agriculture. (Correspondence referred to the Region of Durham) D - 6 James Rook, Chair, Clarington Museums and Archives Board, requesting $1,056.45 be allocated from the Clarke Museum Reserve Fund to pay for the installation of the original school bell on top of the schoolhouse at the Clarke Museum. The correspondence indicates that the work was completed in 2006 but invoiced by the Municipality in May 2008. Mr. Rook requests that in future, the municipality issue invoices within the fiscal year that the work is done to help ensure that the museum's financial books are current within the operating year. Council Meeting Minutes - 10- November 24, 2008 Resolution #C-549-08 Moved by Councillor Robinson, seconded by Councillor Hooper THAT the request from the Clarington Museums and Archives Board for allocation of $1 ,056.45 from the Clarke Museum Reserve Fund to pay for the installation of the original school bell on top of the schoolhouse at the Clarke Museum be endorsed. "CARRIED" D - 7 David and Valorie Whitehead expressing concern with the 127.4% increase in their property taxes since 2001, the reclassification of their property from Agricultural/Residential Farm to Environmentally Protected without personal notification of the change, the lack of an explanation from municipal staff as to the reclassification; and, requesting the Municipality to reverse the decision of environmental protection and to re-designate the land to farm status so they may have the freedom to live on their land as they had planned to do. Resolution #C-550-08 Moved by Councillor Robinson, seconded by Councillor Novak THAT Correspondence Item D - 7 from David and Valorie Whitehead with respect to zoning of property be referred to the Director of Planning Services. "CARRIED" D - 8 Mike Milinkovich, Mayor, Township of Black River-Matheson, expressing concern with the increase in the number of Heads of Council being personally attacked and publicly humiliated by Members of Councils or Senior staff; advising when acting together, Councillors and municipal staff receive legal protection through municipal insurance policies but have no such protection when they are individual targets of these attacks and must hire their own legal Counsel to protect their good names and reputations; and, suggesting that the Heads of Councils in Ontario create an organization to lobby on their behalf and to offer the legal protection that has become essential. Council Meeting Minutes - 11 - November 24, 2008 Resolution #C-551-08 Moved by Councillor Foster, seconded by Councillor Trim THAT Correspondence Item D - 8 from Mike Milinkovich, Mayor, Township of Black River-Matheson with respect to a Heads of Council Organization be received for information. "CARRIED" D - 9 Tom Barrie, Chair, Agricultural Advisory Committee of Clarington advising Council that on November 13, 2008, the Agricultural Advisory Committee of Clarington adopted the following resolution pertaining to the ban on pesticides for cosmetic use: "WHEREAS the Provincial government is committed to protecting families by introducing a new toxics reduction strategy to reduce pollution and protect Ontarians from toxic chemicals; and WHEREAS the first step towards implementing this strategy is the legislation for the elimination of pesticides for cosmetic purposes which passed on June 18,2008; and WHEREAS the Province's own literature does not clearly articulate that under Regulation 914 there are exceptions to the ban including agriculture, forestry, golf courses and promotion of public health and safety; further the Province's communications indicate that the government has "listened to medical experts -like the Canadian Cancer Society - who has made a convincing case for reducing our exposure to pesticides"; and WHEREAS the Canadian Cancer Society's November 2008 Conference is centered on the use of agricultural pesticides on food to the point that it would appear that they would like to ban pesticide use for food production; and WHEREAS each different pesticide is licensed by the federal body, the Pesticide Management Review Agency (PMRA) who establishes the rules that the applicator must use when applying the pesticide; and WHEREAS the Province's Right to Farm Legislation protecting farming activities does not protect farmers from inquiries by adjacent residents; particularly when urban residences are in close proximity to rural areas such as the edge of urban settlement areas in the greenbelt and whitebelt; and Council Meeting Minutes - 12 - November 24, 2008 WHEREAS the Ministry of Environment often take a more stringent stance when enforcing than the guidelines recommended by PMRA; and WHEREAS the Province's communications and public education regarding pesticides has to be framed in such a manner as to not cause consumers to become paranoid about the positive uses of pesticides in the production of food, the control of harmful and noxious pests and for health and safety as set out in Ontario Regulation 914; now THEREFORE BE IT RESOLVED THAT the Municipality of Clarington request the Province have the Ministry of the Environment work with the Ministry of Agriculture, Food and Rural Affairs to ensure that their communications and educational materials regarding the ban on pesticides for cosmetic use clearly articulate the provinces support for the appropriate use of pesticides by farmers including those that farm near urban areas; and further that the province ensure that the Ministry of the Environment provide public information material along with their cosmetic pesticide communication material that addresses the licensing process for farmers in Ontario who apply pesticides; and further that the Province ensure that the Ministry of Environment enforcement officers work in concert with PMRA and that when considering amendments to the Planning Act a Minimum Distance Separation be established for urban and sub-urban residences from farmland; and that this resolution be circulated to all members of the Association of Municipalities of Ontario." Resolution #C-552-08 Moved by Councillor Robinson, seconded by Councillor Trim THAT the resolution from the Clarington Agricultural Advisory Committee with respect to a ban on pesticides for cosmetic use be endorsed. "CARRIED" Council Meeting Minutes - 13 - November 24, 2008 COMMITTEE REPORT(S} Report #1 - General Purpose and Administration Committee Report November 17, 2008 Resolution #C-553-08 Moved by Councillor Novak, seconded by Councillor Hooper THAT the General Purpose and Administration Committee Report of November 17, 2008 be approved. "CARRIED" STAFF REPORT(S} 1. Confidential Verbal Report of the Chief Administrative Officer - Local 3139 Clarington Firefighters' Association Negotiations 2. Confidential Report from the Solicitor - Potential Litigation Affecting the Municipality Resolution #C-554-08 Moved by Councillor Novak, seconded by Councillor Hooper THAT Staff Report #1 - Confidential Verbal Report of the Chief Administrative Officer - Local 3139 Clarington Firefighters' Association Negotiations and Staff Report #2 - Confidential Report from Solicitor - Potential Litigation Affecting the Municipality be referred to a closed session of Council for consideration following the Notice of Motion Section. "CARRIED" BUSINESS ARISING FROM NOTICE OF MOTION There were no Notices of Motion introduced under this section of the Agenda. UNFINISHED BUSINESS There was no Unfinished Business introduced under this section of the Agenda. Council Meeting Minutes - 14 - November 24, 2008 BY-LAWS Resolution #C-555-08 Moved by Councillor Foster, seconded by Councillor Hooper THAT leave be granted to introduce By-laws 2008-202 and 2008-203 inclusive; 2008-202 Being a by-law to amend By-law 86-112, a by-law to establish a Street Name Map and Street Name Inventory in the Municipality of Clarington 2008-203 Being a by-law to exempt certain portions of Registered Plan 40M-2094 from Part Lot Control; and THAT the said by-laws be now read a first, second and third time and finally approved. "CARRIED" NOTICE OF MOTION There were no Notices of Motion introduced under this section of the Agenda. Resolution #C-556-08 Moved by Councillor Woo, seconded by Councillor Foster THAT, in accordance with Section 239 of the Municipal Act, 2001, as amended, the meeting be closed for the purpose of receiving reports with respect to personnel matters and potential litigation affecting the Municipality. "CARRIED" The meeting resumed in open session at 9:10 p.m. The Mayor advised that a closed meeting of Council was held in accordance with Section 239 of the Municipal Act. Two matters were considered; one personnel issue and one legal issue. During the closed session, the Chief Administrative Officer provided a verbal report with respect to the personnel matter regarding the Firefighter Association Negotiations. Council Meeting Minutes - 15 - November 24, 2008 Resolution #C-557 -08 Moved by Councillor Foster, seconded by Councillor Hooper THAT the confidential verbal report of the Chief Administrative Officer regarding the Local 3139 Clarington Firefighters' Association Negotiations be received for information. "CARRIED" During the closed session, the Solicitor provided an explanation of his confidential memorandum regarding possible litigation affecting the municipality. Resolution #C-558-08 Moved by Councillor Novak, seconded by Councillor Hooper THAT the Ministry of Environment be informed that, with regard to the Application as amended by St. Marys Cement for an Alternative Fuel Demonstration Project at the Bowmanville Plant, MOE Reference Number 0349-7K2LHZ, the comments of the Director of Planning Services as set out in his letter of November 3, 2008 to Mr. Martin Vroegh with regard to compliance with the Municipality's Zoning By-law and applicable provisions of the Planning Act have not been addressed to the satisfaction of the Municipality at this time. "CARRIED" OTHER INFORMATION Councillor Robinson raised concern that Clarington is being overlooked in the Durham Regional Police Services Budget in that there are no officers slated for the Municipality. Mayor Abernethy advised that he would invite Inspector Green to a future meeting to provide an update on police activities within Clarington. CONFIRMING BY-LAW Resolution #C-559-08 Moved by Councillor Foster, seconded by Councillor Hooper THAT leave be granted to introduce By-law 2008-204, being a by-law to confirm the proceedings of the Council of the Municipality of Clarington at a regular meeting held on the 24th day of November, 2008; and THAT the said by-law be now read a first, second and third time and finally approved. "CARRIED" Council Meeting Minutes - 16- November 24, 2008 ADJOURNMENT Resolution #C-560-08 'I I Moved by Councillor Robinson, seconded by Councillor Hooper THAT the meeting adjourn at 9:23 p.m. ., I, il \1 "'1 "CARRIED" \ ;1 l~ft 1'1