Loading...
HomeMy WebLinkAbout04/16/2012 ( rlt Leading tiie Way Council Meeting Minutes APRIL 16, 2012 Minutes of a regular meeting of Council held on April 16, 2012 at 7:00 p.m., in the Council Chambers. Councillor Neal led the meeting in prayer. ROLL CALL Present Were: Mayor A. Foster Councillor R. Hooper Councillor J. Neal Councillor M. Novak Councillor W. Partner Councillor C. Traill Councillor W. Woo Also Chief Administrative Officer, F. Wu Present: Municipal Solicitor, A. Allison Director of Engineering Services, T. Cannella Director of Community Services, J. Caruana Manager of Municipal Law Enforcement, L. Creamer, attended until 8:27 p.m. Community Services Coordinator, S. Crosby, attended until 8:35 p.m. Director of Planning Services, D. Crome Deputy Treasurer, L. Gordon Director of Corporate Services and Human Resources, M. Marano Recreation Services Manager, S. Meredith Supervisor, Operations Administration, C. Peters Communications Coordinator, J. Vreeker, attended until 7:20 p.m. Director of Emergency Services/Fire Chief, G. Weir Administrative Assistant to the Municipal Clerk, C. Fleming Municipal Clerk, P. Barrie DISCLOSURES OF PECUNIARY INTEREST There were no pecuniary interests stated at this meeting. Council Meeting Minutes - 2 - April 16, 2012 ANNOUNCEMENTS Councillor Partner announced she attended the following events: • the Orono Horticultural Society Luncheon on April 3rd • the Annual Newcastle Easter Bunny Breakfast on April 7th • the Clarington Older Adult Association's Murder Mystery Dinner Theatre at the Orono Town Hall on April 11th • the 23rd Annual Ganaraska Region Conservation Area Fundraising Dinner in support of outdoor education Councillor Partner also announced the following upcoming events: • the 7th Annual Daffodil Luncheon presented by the Newcastle Horticultural Society on April 18th; • the 10th Annual Spaghetti Dinner hosted by the Orono Town Hall Board on April 21St at the Orono Town Hall. There will be a silent auction with proceeds in support of the elevator and lift for the Town Hall Councillor Novak announced that she had attended the following events: • the Durham Farm Connections Open House at the Luther Vipond Arena in Brooklin on April 4th where the Municipality was well represented by Pingles Farm, the Found Farm and the Knox Farm to name a few • the Boots and Hearts VIP Launch Party on April 12th which was a great event • the Rotary Club of Bowmanville's "Black & White" Evening on April 13th • Darlington Community Advisory Committee discussion on emergency planning • The Heydon Kitchen Party where Trish Robb and The Stone Sparrows entertained a packed house Councillor Novak also announced the following: • Covanta Energy, in partnership with the Clarington Board of Trade, is hosting a Job Fair at the Courtice Community Complex on April 17th from 8:00 a.m. to 11:00 a.m. • Big Brothers are holding Volunteer Appreciation Awards on April 18th • Clarington residents helped to reduce Veridian Energy consumption by 10.3% during Earth Hour and realized a 9.6% peak reduction for Hydro One Councillor Hooper announced the following: • he attended the dedication of a room at Branch 178, Royal Canadian Legion in honour of Fred West • he attended the Durham Farm Connections Open House • on Wednesday, April 18th, Canadian Fiddle Champion Scott Woods presents a tribute to fiddle legends at the Garnet B. Rickard Recreation Complex Council Meeting Minutes - 3 - April 16, 2012 • on Thursday, April 19th, the Annual General Meeting and Business Awards for the Clarington Board of Trade will be held at the Beech Centre. The key note speaker is Nick Javor from Tim Hortons • a Bike Fit/Road Safety/CAA Information Session will be held at the Courtice Community Complex on April 20th from 1:00 p.m. to 3:00 p.m. hosted by the Beech Street Spinners in association with the Clarington Older Adult Association • on Saturday, April 21St at 1:00 p.m., Pure Spa and Fitness will celebrate its opening at 1 Division Street • on Sunday, April 16th, he attended the Clarington Hockey League Trophy Day and Wrap-Up at the South Courtice Arena and extended congratulations to the volunteers and staff of the Community Services Department • on May 5th "Maple Festival and All that Jazz" will take place in downtown Bowmanville. Special guests The Stone Sparrows will showcase their brand of music Councillor Woo announced that yesterday he attended the opening of James Kamevaar's exhibit "Moment to Moment" at the Visual Arts Centre which will be on display until May 13th Councillor Traill announced the following: • the Tyrone Community Hall Board will be hosting a Dutch Dinner on May 10th Tickets are $15 for adults and are available by calling 905-263-4285 • there will also be a Spring Clean-up Event at the Tyrone Community Hall at 1:00 p.m. on April 22nd • DurhamCLEAR will be hosting a "Keep it Clean" Fundraising Dinner on May 26th at the Garnet B. Rickard Recreation Complex. Ticket information is available at www.durhamclear.ca Mayor Foster announced the following: • Clarington was well above the Provincial 2.7% average reduction in energy consumption for Earth Hour on March 31 st • Big Brothers and Big Sisters of Clarington will be hosting a 3-on-3 Road Hockey Tournament on May 12th • regarding the Covanta Job Fair - Any attempt to promote jobs in the Municipality is a welcomed opportunity • on Wednesday, April 18th a Silent Rally to say NO to Hate will be held at the Oshawa City Hall at 7:00 p.m. • ribbon-cutting ceremony for Ideal Diet and Wellness at 110 King Street East will be held on April 19th at 1:00 p.m. • the Boots and Hearts Music Festival to be held at the Canadian Tire Motorsport Park August 10 to 12, 2012, will be a significant event for the community featuring an amazing lineup of country stars Council Meeting Minutes - 4 - April 16, 2012 Resolution #C-122-12 Moved by Councillor Partner, seconded by Councillor Traill THAT the minutes of a regular meeting of Council held March 26, 2012, be amended by correcting Resolution #C-112-12 to indicate that Councillor Partner seconded the motion and that the minutes be approved, as amended. "CARRIED" PRESENTATIONS Mayor Foster and Chief Weir presented Tim and Daniel Sargent with Letters of Commendation and Congratulatory Certificates in recognition of their extraordinary act of selflessness in assisting Taylor Reilly who was involved in a motor vehicle accident and trapped in the vehicle on February 19, 2012. DELEGATIONS Jim Boate, Vice-President and Angie Darlison, Executive Director, Clarington Older Adult Association, addressed Council on behalf of the Board of Directors concerning Item 8 of Report #1 - Clarington Older Adult Association — Parking Concerns / Strategic Plan. Mr. Boate indicated that the Board is not in agreement with the amended motion to Option 1 of Report CSD-006-12, recommended by the General Purpose and Administration Committee on April 2, 2012. He highlighted challenges faced by the Older Adult Centre regarding building capacity, accessibility and expansion issues and urged Council to consider and discuss the issues prior to making a decision. He acknowledged that on-street parking, satellite locations and transportation options will help but will also bring other challenges and issues of functionality. Mr. Boate stated the Board feels that if an Advisory Committee consisting of members of the tennis club, the neighbourhood association, the Municipality and the COAA Board was formed they could work together to resolve present and future issues and build a foundation of trust for one another. COMMUNICATIONS Correspondence Item I - 9 was received as a Hand-out. Resolution #C-123-12 Moved by Councillor Traill, seconded by Councillor Woo THAT the communications to be received for information, including Hand-out Correspondence Item I - 9, be approved, with the exception of Correspondence Item 1 - 3. "CARRIED" Council Meeting Minutes - 5 - April 16, 2012 1 - 1 Minutes of the Clarington Heritage Committee dated March 20, 2012 1 - 2 Minutes of the Newcastle Community Hall Board dated January 17, 2012 1 - 4 Minutes of the Central Lake Ontario Conservation Authority dated March 20, 2012 1 - 5 Allison J. Stuart, Assistant Deputy Minister and Chief, Emergency Management Ontario, Ministry of Community Safety and Correctional Services, congratulating Council and staff on the Municipality's completion of all of the mandatory emergency management activities required under the Emergency Management and Civil Protection Act (EMCPA) for 2011. 1 - 6 J. R. Powell, Chief Administrative Officer, Central Lake Ontario Conservation Authority (CLOCA), advising that on February 22, 2012, the CLOCA Board of Directors adopted the following resolution pertaining to regulatory flood control facilities: "THAT Staff Report #5019-12 be received for information, and circulated to member municipalities; THAT the Ontario Ministry of Natural Resources be requested to respond to Conservation Ontario's request, and initiate the necessary discussion that will lead to a consistent provincial direction for managing flood risk in association with urban development; THAT CLOCA staff work with municipal partners to develop design standards for stormwater/flood management facilities; THAT in the absence of MNR direction, CLOCA recognize stormwater/flood management facilities as being an effective flood management tool to mitigate the impact of urban development on downstream flood limits; and THAT Staff Report #5019-12 be forwarded to the Premier of Ontario, the Minister of Natural Resources, local MPPs and the Association of Municipalities of Ontario." Council Meeting Minutes - 6 - April 16, 2012 1 - 7 John R. O'Toole, MPP, Durham, writing in response to Council's correspondence of March 6, 2012, to the Honourable Brad Duguid, Minister of Economic Development and Innovation, regarding the inclusion of Durham Region in the boundaries of the new Southwestern Ontario Development Fund; forwarding a copy of his correspondence to Minister Duguid advising that, in his view, Durham Region and its member municipalities should receive the same consideration as municipalities currently eligible to access the fund; and, advising that he will continue to ensure Clarington's and Durham's views are represented in the debate and consultation surrounding Bill 11, Attracting Investment and Creating Jobs Act, 2012. 1 - 8 Melodee Smart, Administrative Assistant, Works Department, Regional Municipality of Durham, forwarding copies of the following documents, in accordance with the Notice of Approval to Proceed with the Undertaking regarding the Amended Environmental Assessment for Durham and York Residual Waste Study, Condition 3 Public Record: • Letter to the Ministry of the Environment dated March 22, 2012, with a copy to the EFWAC, York Regional Clerk and Durham Regional Clerk, regarding Submission of the February 2012 Complaint and Inquiry Log • February 2012 Durham York Energy Centre Call Centre Log • February 2012 Durham York Energy Centre Complaint Protocol Log • February 2012 Durham York Energy Centre Website Traffic Log; and, advising that the documents are also available on the EFW project website at http://www.durhamyorkwaste.ca/project/efw-committee.htm 1 - 9 Pastor Christopher Greaves, St. John's Anglican Church and Fred Spoelstra, Principal, Durham Christian High School, on behalf of Bowmanville Ministerial, inviting Members of Council to join with leaders in the community for the Mayor's and Community Leaders' Prayer Breakfast to be held at Trinity United Church on Thursday, May 24, 2012 from 7:30 a.m. to 9:00 a.m.; indicating that online registration will be activated in the near future; and, thanking Council for their support and encouraging Members of Council to invite local leaders from the business community, political leaders, emergency and health services and educational institutions to attend the event. 1 - 3 Minutes of the Clarington Museums and Archives Board dated January 11, and February 8, 2012 Council Meeting Minutes - 7 - April 16, 2012 Resolution #C-124-12 Moved by Councillor Neal, seconded by Councillor Traill THAT the minutes of the Clarington Museums and Archives Board dated January 11, and February 8, 2012 be received for information. "CARRIED" CORRESPONDENCE FOR DIRECTION Correspondence Item D - 11 was received as a Hand-out. Resolution #C-125-12 Moved by Councillor Woo, seconded by Councillor Traill THAT Correspondence Items D - 1 to D - 10 be approved as per the Agenda. "CARRIED" D - 1 Mike Neumann, P.Eng., Ainley & Associates Limited, advising the Ministry of Transportation (MTO) has retained their services to facilitate the detailed design to rehabilitate the interchange ramps on Highway 401 and Waverley Road, Bennett Road and Highway 35/115; requesting an exemption to Clarington Noise by-law 2007-071 to permit construction during off peak hours (11:00 p.m. to 5:00 a.m.); outlining the purpose of the proposed works; indicating that no detours are anticipated as part of the contract, short duration lane closures will be implemented, culvert replacement will take place during off peak periods and will involve the closing of only one side of the road at a time; and, advising that the project is anticipated to start in July 2012 and conclude in October 2012. (Exemption to the Municipality's Noise By-law for the period July to October 2012) approved) Council Meeting Minutes - 8 - April 16, 2012 D - 2 Kevin Martell, Event Coordinator, Big Brothers Big Sisters of Clarington, requesting approval for a partial road closure of Clarington Boulevard north of Stevens Road on May 12, 2012, from 7:00 a.m. until 6:00 p.m. for a road hockey tournament to raise funds for Big Brothers & Sisters of Clarington; advising that access to Clarington Central Secondary School from Clarington Boulevard will be restricted but that the issue has been addressed with the Kawartha Pine Ridge District School Board who have agreed, provided the entrance to the school from Stevens Road remains open; and, indicating that an insurance certificate with the Municipality and the Region listed as additional named insured and liability coverage of $2 million will be provided upon approval of the event. (Approved provided organizers apply for and obtain a road occupancy permit from the Engineering Services Department) D - 3 Gary Cole, District Master and Diane Polley, Secretary, West Durham District L.O.L., requesting permission to hold the annual Loyal Orange Lodge parade in the Town of Newcastle on July 7, 2012, commencing at 1:00 p.m. starting and finishing at the arena; and, indicating that appropriate insurance will be obtained. (Approved provided organizers apply for and obtain a road occupancy permit from the Engineering Services Department) D - 4 Linda Duffie, Chairperson, Lions Club of Bowmanville Duck Derby, requesting permission to hold the 17th Annual Duck Derby on June 23, 2012; indicating that the first duck drop will be at 3:00 p.m. with the second drop at 3:45 p.m. and that they will not require the Clarington front-end loader. This year the Club will not be hosting the whole family day as they are going to be serving a pancake breakfast uptown for the BIA. (Approved provided the organizers apply for and obtain a Road Occupancy Permit from the Engineering Services Department) D - 5 Jade Harper, Executive Director, Victim Services of Durham Region, a non-profit organization established in 1998 to provide immediate on-site service and ongoing support to victims of crime and tragic circumstance requesting that April 22 to 28, 2012, be proclaimed "National Victims of Crime Awareness Week" in recognition of victims of crime and of those who provide assistance to them. (Proclaimed) Council Meeting Minutes - 9 - April 16, 2012 D - 6 Clinton Shane Ekdahl, indicating that honey bees are responsible for approximately 70% of the world's food crop pollination and as such are the very cornerstone to the sustainability of agriculture and the environment; expressing concern that honey bees continue to disappear at unsustainable rates and for unexplained reasons; and, requesting that May 29, 2012, be proclaimed as the third annual "Day of the Honey Bee" to education and inform the public on the plight of the honey bee. (Proclaimed) D - 7 Charles Cattran and Lyle Goodin, Rotary Club of Bowmanville, requesting permission to hold a walk in support of the Rotary Foundation on September 23, 2012; forwarding maps of both the short and long routes which will commence and end at the Beech Centre; advising the walk will start at 10:00 a.m. and will take approximately two hours to complete, and, indicating that 500 participants are expected and 50 to 70 volunteers will assist with the event. The routes will use only the sidewalk/shoulders and cross roads at traffic lights or at street corners. (Approved provided the organizers apply for and obtain a Road Occupancy Permit from the Engineering Services Department) D - 8 David Staples requesting permission to hold the annual parade associated with the Orono Agricultural Society Fair on September 8, 2012 at 10:30 a.m.; forwarding a map of the parade route commencing at from the north end of Mill Street and proceeding to the fairgrounds via Park Street; indicating that approximately 60 floats, bands, vintage autos and tractors will participate; and, advising that proof of appropriate insurance coverage will be provided. (Approved provided the organizers apply for and obtain a Road Occupancy Permit from the Engineering Services Department) D - 9 Angela Cooper Brathwaite, RN, PhD, Registered Nurses' Association of Ontario, requesting that May 7 to 13, 2012, be proclaimed "Nursing Week" to celebrate the unique contributions of both the nursing profession and individual nurses and to recognize the many services provided by dedicated nurses and the tremendous contribution they make to the health of residents and the well-being of the community every day. (Proclaimed) Council Meeting Minutes _ 10 - April 16, 2012 D - 10 Brian Goldig, Manager, Physician Advisory Service, The College of Physicians and Surgeons of Ontario, advising of the Council Award, an award honouring outstanding physicians who have demonstrated excellence and come closest to meeting the society's vision of an ideal physician based on eight "physician roles" identified by Educating Future Physicians of Ontario; forwarding a nomination form and eight-point selection criteria; and, indicating the deadline for receipt of nominations is August 17, 2012. (Information posted on the Municipality's Website) D - 11 W.D. Manson, WDM Consultants, responding to correspondence dated March 29, 2012, from Stan Racansky to Mayor Foster and Members of Council regarding Mr. Racansky's well water supply; providing a historical summary of the issue; and, hoping the information will provide clarity to the Racansky well water situation. Resolution #C-126-12 Moved by Councillor Woo, seconded by Councillor Hooper THAT the correspondence from Bill Manson providing a historical summary of the Racansky well water situation be received for information; THAT the delegation of Libby Racansky at the General Purpose and Administration Committee meeting of April 2, 2012 regarding her well water situation be received for information as this is a Regional matter; THAT the Director of Engineering Services be directed to take no further action in this regard; and THAT Bill Manson and Libby Racansky be advised of Council's decision. "CARRIED LATER IN THE MEETING" Councillor Neal rose on a Point of Order questioning whether the motion was out of order as the matter has been referred to staff at the General Purpose and Administration Committee meeting of April 2, 2012. Mayor Foster ruled that the motion is in order as Correspondence Item D — 11 brings the issue forward to Council and it is within Council's purview to change the direction of the General Purpose and Administration Committee. Councillor Neal immediately appealed the ruling of the Chair. The question "will the ruling of the Chair be sustained?" was put to a vote. The ruling of the Chair was sustained. Council Meeting Minutes - 11 - April 16, 2012 Resolution #C-126-12 was then put to a vote and CARRIED. COMMITTEE REPORT(S) Report #1 - General Purpose and Administration Committee Report April 2, 2012. Resolution #C-127-12 Moved by Councillor Novak, seconded by Councillor Neal THAT the General Purpose and Administration Committee Report of April 2, 2012 be approved, with the exception of Items #2, #8, and #11. "CARRIED" Item #2 Resolution #C-128-12 Moved by Councillor Neal, seconded by Councillor Traill THAT Item #2 of Report #1 be referred back to staff to determine if there are any other non-conforming pets in the house and report back to the next General Purpose and Administration Committee meeting for further consideration. "MOTION LOST" Resolution #C-129-12 Moved by Councillor Novak, seconded by Councillor Partner WHEREAS pot bellied pigs are sold and raised as family pets not unlike the common domestic pets such as cats and dogs; WHEREAS pot bellied pigs have been categorized as pigs which are livestock animals; WHEREAS the owners of Toby, the pot bellied pig, have been served with an order to remove their pot bellied pig from their neighbourhood home in a residential subdivision; NOW THEREFORE BE IT RESOLVED THAT Caroline Willoughby, the owner of Toby, the pot bellied pig, be exempted from the requirements of the current exotic pet by-law until the by-law is reviewed by Council. "CARRIED" Council Meeting Minutes - 12 - April 16, 2012 Item #8 Resolution #C-130-12 Moved by Councillor Neal, seconded by Councillor Traill THAT Item #8 of Report #1 be referred back to staff to report back by mid-June on forming a community liaison committee consisting of representatives of the Clarington Older Adult Association, the Bowmanville Tennis Club, the Old Bowmanville Neighbourhood Association, and the Operations and Community Services Departments to work on a parking solution satisfactory to all. "CARRIED AS AMENDED LATER IN THE MEETING" (SEE FOLLOWING AMENDING MOTION) Resolution #C-131-12 Moved by Councillor Novak, seconded by Councillor Hooper THAT the foregoing Resolution #C-130-12 be amended to add: "THAT the Manager of Purchasing be authorized to negotiate a new five (5) year lease, with an option to renew, with the Bowmanville Tennis Club, for the lease of tennis courts located at the Clarington Older Adults Centre, 26 Beech Avenue, Bowmanville." "CARRIED ON THE FOLLOWING RECORDED VOTE:" Council Member Yes No Declaration of Absent Pecuniary Interest Councillor Woo ✓ Councillor Hooper ✓ Councillor Neal ✓ Councillor Novak ✓ Councillor Partner ✓ Councillor Traill ✓ Mayor Foster ✓ Council Meeting Minutes - 13 - April 16, 2012 Resolution #C-130-12 was then put to a vote and CARRIED AS AMENDED ON THE FOLLOWING RECORDED VOTE: Council Member Yes No Declaration of Absent Pecuniary Interest Councillor Traill ✓ Councillor Woo ✓ Councillor Hooper ✓ Councillor Neal ✓ Councillor Novak ✓ Councillor Partner ✓ Mayor Foster ✓ Item #11 Resolution #C-132-12 Moved by Councillor Neal, seconded by Councillor Novak THAT the Bowmanville Tennis Club and the Clarington Older Adult Association Board of Directors be advised of actions taken with respect to Report COD-036-11 - Bowmanville Tennis Club - Court Lease. (Resolution #C-130-12, as amended) "CARRIED" Resolution #C-133-12 Moved by Councillor Novak, seconded by Councillor Woo THAT Council recess for five minutes. ,,CARRIED" The meeting reconvened at 8:31 p.m. UNFINISHED BUSINESS 2012 Senior of the Year Award Resolution #C-134-12 Moved by Councillor Woo, seconded by Councillor Hooper THAT Pat Best be nominated as the Municipality of Clarington's 2012 Senior of the Year. "CARRIED" Council Meeting Minutes - 14 - April 16, 2012 BY-LAWS By-law 2012-030 was subsequently withdrawn from the Agenda due to Item #8 of Report #1 being referred back to staff. Resolution #C-135-12 Moved by Councillor Hooper, seconded by Councillor Neal THAT leave be granted to introduce By-laws 2012-027, 2012-028, 2012-029 and 2012-031. 2012-027 Being a By-law to adopt the estimates of all sums required during the year and to strike the rates of taxation for Municipal purposes for the year 2012 2012-028 Being a by-law to exempt a certain portion of Registered Plan 40M-2462 from Part Lot Control 2012-029 Being a by-law to exempt a certain portion of Registered Plan 40M-2066 from Part Lot Control 2012-031 Being a by-law to amend By-law 2008-039, being a By-law to establish a Municipal Service Board to operate a Community Hall in Tyrone; and THAT the said by-laws be approved. "CARRIED" PROCEDURAL NOTICE(S) OF MOTION Resolution #C-136-12 Moved by Councillor Neal, seconded by Councillor Traill THAT Resolution GPA-117-11, Item 13, as approved by Council Resolution #C-119-11 on March 7, 2011 and which reads as follows: Council Meeting Minutes - 15 - April 16, 2012 "THAT the Staffing Plan (Schedule "G" to Report FND-003-11) be approved as revised by Recommendation 2.2(d) above, and subject to the budgetary allocation for new staffing in any given year not to exceed the value of assessment growth for that year." be reconsidered. "MOTION LOST ON THE FOLLOWING RECORDED VOTE:" Council Member Yes No Declaration of Absent Pecuniary Interest Councillor Traill ✓ Councillor Woo ✓ Councillor Hooper ✓ Councillor Neal ✓ Councillor Novak ✓ Councillor Partner ✓ Mayor Foster ✓ Resolution #C-137-12 Moved by Councillor Neal, seconded by Councillor Traill THAT Council Resolution #C-073-11, the second paragraph, approved on January 31, 2011 and which reads as follows: "THAT the 65th percentile for market comparable compensation be established with monitoring and adjustment at least every two years; applicable cost to be included in the appropriate annual budget." be reconsidered. "MOTION LOST ON THE FOLLOWING RECORDED VOTE:" Council Member Yes No Declaration of Absent Pecuniary Interest Councillor Traill ✓ Councillor Woo ✓ Councillor Hooper ✓ Councillor Neal ✓ Councillor Novak ✓ Councillor Partner ✓ Mayor Foster ✓ Council Meeting Minutes ' _ 16 - April 16, 2012 OTHER BUSINESS There was no Other Business introduced under this Section of the Agenda. CONFIRMING BY-LAW Resolution #C-138-12 Moved by Councillor Hooper, seconded by Councillor Neal THAT leave be granted to introduce By-law 2012-032, being a by-law to confirm the proceedings of the Council of the Municipality of Clarington at a regular meeting held on the 16t" day of April, 2012; and THAT the said by-law be approved. "CARRIED" ADJOURNMENT Resolution #C-139-12 Moved by Councillor Partner, seconded by Councillor Novak THAT the meeting adjourn at 8:55 p.m. "CARRIED" r P ✓ /Az lf,' MAlO�- DEPUTY CLERK"'