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-,,Hardball Cafe goes ahead, with its challenge of bylaw The Canadian Champion, Friday, November 1, 2002-5 By RICHARD VIVIAN The Champion After a conuroversial 5-4 town council vote Monday to leave the smoking bylaw as is, a local bar owner plans to move forward with efforts to overthrow the bylaw. "0f course we're gomng 10 (move forward with a court challenge). Now that we know where we stand, we're going to get the motion to set aside the bylaw," sad Carlo Giangrande, owner of The Hardball Cafe. -We were just holding off because of this meeting. Otherwise, we would have been there (court) last week." The Hardball was scheduled to appear in Milton court (provincial division) October 21 for the tirat hearing of the bylaw challenge. That hearmng was delayed after del- egations were seheduled to appear before counicil Monday to seek a review of the bylaw. The review was denied afser a 5- 4 vote in opposition was read into the record by Mayor Gord Krantz. According 10 a Statement of Claim filed in June, The Hardball "0f course we're golng to (nuove forward with a court challenge). Now that we know where we stand, we're going to get thue moion to set aside the bylaw"9 contends the bylaw goes beyond the authority of municipalities and treats establishments unevenly. Because the Province hasn't signed an equivalency agreement with the federal govemmuent, the issue of public smoking is regulat- ed by the Tobacco Adt of 1997, the dlaim argues. An equivalency agreement between the provincial and federal govemments is needed 10 provide lthe Province jurisdiction t0 allow municipalities 10 set thetr own reg- ulations, continues the dlaim. No agreements exist at this time. The bylaw is further flawed in that it doesn't treat ail liquor licenced establishments equally, The Hardball dlaims. Under the bylaw, Mohawk Racetrack and Bingo Country were granted exemptions 10 the smoking ban. Mohawk is permitted t0 allowing smoking in half of the siots gamning area and bleachers, while Bingo Country has until ianuary 2004 10 construct a desig- nated smoking room. The Town's Statement of Defence rebuts The Hardball's clains, stating il has the authority t0 create different classes for smok- ing in public places. The Town fur- ther argues that the existence (or not) of an equivalency agreement is irrelevant and through the Constitution Adt the Province did- n't go beyond its authority. Neither arguments made in a Statement of Claimn and Statement of Defence have been proven in court. That hearing will now be re- scheduled. said Mr. Giangrande. No dates have been set at this ime. Spitted, South African large Ashlock 4.39kgTompson 28k 99 129 Prune** lb Raisins J. lb original, bbq, cheese orsaa ranch IP R R gular 3.29 kg 6.59 kg ýu 1 kgBits& Fruit Mix là b, Bites M*lb P Premium Quality and Freshness Guaranteed M* fflm â lt on M\hoiMmiid l f uoteri o iS àmquusUosNo ddas*lM-e Milton Malil 55 Ontario St. S. (905> 693-9207 ~~by feature from the Tro... connection to what is happening and what is being planned in your communiry. 1 would welcome any comments regarding this new Town communication. Feel free to cal or send e-mail to gord.krantz@town.milton.on.ca. NEW SKA[-E PARK TO OPEN IN 2003 The Communiry Services Department is starring detailed design for a permanent concrere Skate Park. Youth in Milton cao look l'ard ro it opening in 2003. The facility will be built wihnthe expanded Lions Sport Park located off of Thompson Road, south of Memorial Arena. Milton youth were invited to a public information session & workshop and asked to appoint a few representatives to be part of a design advisory team. This team is working with Town staff and irs architectural firm to develop a cutting-edge concept for the new park. The Town is now working with representatives from the local BMX community ro develop an action plan to create a separate facility for BMX users. W~hv not build cane faility for alfW Combining the needs of all three user groups was the original intent. Through discussion ar the first information work.shop though, ir became evident that the s'arious groups (skareboarders, mImfe skaters and BMXers) favoured different surfaces to ride on. Safety of aIl park users was aiso an important consideration and the input of the design consultant and staff research of other municipalities in Ontario found no examples of unfenced and unstaffed facilities designed for safe use by Al three user groups. For more information about this project contact Jef Fraser at 905-878- 7252 ext. 2169 or send e-mail to: jcff.fraser@town.nilton.oa.ca How can youth have a voice in Milton? Youth in Milton can share their ideas for development initiatives for out community through the Milton Mayors Youth Advisory Council (MMYAC). Tbis Advisory Council is made up of Milton youth, ages 13- 24 who wish to help turn tise suggested ideas from youth, such as the Skate Park, into realities. L.ast year, this group conducted a survey of Milton youth and presented to Milton Council a comprebensive summary of needs they've identified that would help to make Milton a better community for youth today, and in the future. They identified a number of priorities and are now working on severai new youtb initiatives. To find out more about MMYAC, and how to become involved or t0 share your ideas, contact Janet Davidson at 905-878-7252 ext. 2188 or send e-mail to: janer.davidson@town.ilton.on.ca. The next MMYAC meeting takes place at the Town Hall, 43 Brown Street, on Tuesday, November 12 starting at 6:30 p.m. "Hip to be Me" Check out this new program for youth in grades 5-8, focusing on interactive and fun activiries aimed at developing positive self-esteemn. To register or to find out more, contact Tammty Corless at 905-875-1681 ext. 227 or send e-mail to: tammy.corless@tow.nilton.on.ca NEED INFORNION ABOUT OT(ER TOWN SERViCES? Cali 905-878-7252 or TTY 905-878-1657 Viait our Web site at www.town.milton.ofl.ca iTmIl MILTON =www.btuj lkbom-ce imr aé