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HomeMy Public PortalAbout09-20-1999 • PROCEEDINGS OF THE COMMON COUNCIL OF THE CITY OF RICHMOND,INDIANA,MONDAY,SEPTEMBER 20,1999 The Common Council of the City of Richmond, Indiana met in regular session at 7:30 p.m. Monday, September 20, 1999, in the Council Chambers in said City. President Bing Welch presided with the following Councilmembers present: Howard "Jack" Elstro, Etta Lundy, Bob Dickman, Sarah "Sally" Hutton, Geneva"Gene"Allen,Dennis R.Rice Sr.,Bruce Wissel and Larry Parker. The following business was conducted: PLEDGE OF ALLEGIANCE PRAYER BY COUNCILMEMBER LUNDY ROLL CALL Nine present. APPROVAL OF MINUTES Councilmember Hutton moved to approve the minutes of the September 7, 1999 meeting, second by Councilmember Parker and the motion was carried on a unanimous voice vote. PRESENTATION OF REMONSTRANCES, PETITIONS, MEMORIALS, INTRODUCTIONS, MOTIONS AND PUBLIC COMMENTS There were none. COMMUNICATION FROM THE MAYOR There was none. REPORT FROM BOARD OF PUBLIC WORKS AND SAFETY President Welch said the minutes of the meetings of August 19 and August 26, 1999 were included in their packets. REPORTS FROM STANDING COMMITTEES REPORTS FROM SPECIAL COMMITTEES REPORTS FROM ORGANIZATIONS MISCELLANEOUS BUSINESS ORDINANCES ON FIRST READING Councilmember Elstro moved to suspend the rules and read Ordinances No. 82, 83 and 86— 1999 on first reading and read by title only,second by Councilmember Rice and the motion was carried on a unanimous voice vote.President Welch explained that Ordinances 84 and 85 — 1999 are donations and will be read in their entirety. ORDINANCE NO. 82-1999 The Clerk read Ordinance No. 82— 1999—AN APPROPRIATION ORDINANCE AUTHORIZING THE ACCEPTANCE AND APPROPRIATION OF A GRANT FROM THE CORPORATION FOR NATIONAL AND COMMUNITY SERVICE Explaining this was Vickie Jelly, the director of Retired Senior Volunteer Service program, who said they had applied for a grant for$33,623 which is the main operating budget of RSVP.President Welch said this grant and whatever donations are received or special projects keep RSVP operating and pay her salary. Councilmember Hutton said this is the same grant,which is applied for every year. Councilmember Dickman moved to suspend the rules and advance amended Ordinance No. 82— 1999 to second reading and read by title only, second by Councilmember Allen and the motion was carried on a unanimous voice vote. The Clerk read amended Ordinance No. 82— 1999 on second reading. President Welch declared amended Ordinance No. 82— 1999 on public hearing. There being no comments either for or against the ordinance, Councilmember Elstro moved for engrossment, second by Councilmember Hutton and the motion was carried on a unanimous voice vote. Common Council Minutes Cont'd September 20, 1999 Page 2 Councilmember Lundy moved to suspend the rules and advance amended Ordinance No. 82— 1999 to third reading and read by title only, second by Councilmember Elstro and the motion was carried on a unanimous voice vote. The Clerk read amended Ordinance No. 82—1999 on third reading. Amended Ordinance No. 82—1999 was adopted on the following call of the roll. Ayes:Elstro,Lundy,Dickman,Hutton,Allen,Rice,Wissel,Parker and Welch(9) Nays:None ORDINANCE NO. 83—1999 The Clerk read Ordinance No. 83 — 1999 — A SPECIAL ORDINANCE AUTHORIZING THE APPROVAL OF A STTEMENT OF BENEFITS FOR A PROPERTY OWNER APPLYING FOR DEDUCTIONS UNDER I.C. 6-1.11-12.1 Councilmember Allen explained that this ordinance deals with a 10-year-abatement request from Air Products and Chemicals Inc. for $2,400,000 for new equipment, which will be reviewed by the Tax Abatement Committee,and return to Council's next meeting on second reading. President Welch said that he and Councilmember Lundy had attended the groundbreaking ceremony for the Johns Manville addition and modification and the Air Products people were also there. Explaining further, he said, Johns Manville would be changing its entire process by changing to Air Products, which will produce the pure oxygen for use in the new Johns Manville plant. President Welch said Ordinance No. 83—1999 would come back on second reading October 4, 1999. ORDINANCE NO. 84—1999 The Clerk read Ordinance No. 84— 1999—AN APPROPRIATION ORDINANCE AUTHORIZING THE CITY OF RICHMOND TO RECEIVE A DONATION "WHEREAS, the City of Richmond, Indiana, has the option of accepting or rejecting donations for a specific purpose;and "WHEREAS, the acceptance of a donation for a specific purpose constitutes the appropriation of such property for the intended purpose. "NOW, THEREFORE, be it ordained by the Common Council of the City of Richmond, Indiana, that a donation of an IBM compatible computer made to Retired Senior Volunteer Program(RSVP) by RSVP of Muncie, Indiana for use in day to day activities shall be accepted and gratefully acknowledged by the citizens of Richmond." Speaking to this,Jelly said she was excited about the donation and added that they are starting a computer lab for the seniors in a room they have set aside for that purpose. Councilmember Dickman moved to suspend the rules and advance Ordinance No. 84 — 1999 to second reading and read by title only, second by Councilmember Hutton and the motion was carried on a unanimous voice vote. The Clerk read Ordinance No. 84— 1999 on second reading. President Welch declared Ordinance No. 84— 1999 on public hearing. There being no comments either for or against the ordinance, Councilmember Elstro moved for engrossment, second by Councilmember Allen and the motion was carried on a unanimous voice vote. Councilmember Rice moved to suspend the rules and advance Ordinance No. 84 — 1999 to third reading and read by title only, second by Councilmember Allen and the motion was carried on a unanimous voice vote. The Clerk read Ordinance No. 84—1999 on third reading. Ordinance No. 84— 1999 was adopted on the following call of the roll. Ayes:Elstro,Lundy,Dickman,Hutton,Allen,Rice,Wissel,Parker and Welch(9) Nays:None Common Council Minutes Cont'd September 20, 1999 Page 3 ORDINANCE NO.85—1999 The Clerk read Ordinance No. 85 — 1999—AN APPROPRIATION ORDINANCE AUTHORIZING THE CITY TO RECEIVE A DONATION "WHEREAS, the City of Richmond, Indiana, has the option of accepting or rejecting donations for a specific purpose;and "WHEREAS, the acceptance of a donation for a specific purpose constitutes the appropriation of such property for the intended purpose. "NOW, THEREFORE, be it ordained by the Common Council of the City of Richmond, Indiana, that a donation of a Princeton Graphic Systems Computer-IBM Compatible made to Widowed Persons Service (WPS) by Reid Social Responsibility Committee for use in day to day activities shall be accepted and gratefully acknowledged by the citizens of Richmond." Carol Miller, director of Widowed Persons Service, expressed her appreciation to Reid Hospital for its donation. Councilmember Dickman moved to suspend the rules and advance Ordinance No. 85 — 1999 to second reading and read by title only, second by Councilmember Elstro and the motion was carried on a unanimous voice vote. The Clerk read Ordinance No. 85—1999 on second reading. President Welch declared Ordinance No. 85— 1999 on public hearing. There being no comments either for or against the ordinance, Councilmember Lundy moved for engrossment,second by Councilmember Elstro and the motion was carried on a unanimous voice vote. Councilmember Wissel moved to suspend the rules and advance Ordinance No. 85— 1999 to third reading and read by title only, second by Councilmember Parker and the motion was carried on a unanimous voice vote. The Clerk read Ordinance No. 85—1999 on third reading. Ordinance No. 85— 1999 was adopted on the following call of the roll. Ayes:Elstro,Lundy,Dickman,Hutton,Allen,Rice,Wissel,Parker and Welch(9) Nays:None ORDINANCE NO.86—1999 The Clerk read Ordinance No. 86— 1999—AN APPROPRIATION ORDINANCE AUTHORIZING THE SUBMITTAL, ACCEPTANCE, AND APPROPRIATION OF A GRANT FROM THE HCR MANOR CARE FOUNDATION Carol Miller explained that this ordinance deals with a grant to fund a program specifically designed for widowed men.She said they had done research to find how men differ in reacting to grief and this grant has been written to receive up to$5,000 to use for start-up expenses of such a program. Councilmember Rice moved to suspend the rules and advance Ordinance No. 86— 1999 to second reading and read by title only, second by Councilmember Allen and the motion was carried on a unanimous voice vote. The Clerk read Ordinance No. 86—1999 on second reading. President Welch declared Ordinance No. 86— 1999 on public hearing. There being no comments either for or against the ordinance,Councilmember Elstro moved for engrossment,second by Councilmember Hutton and the motion was carried on a unanimous voice vote. Councilmember Elstro moved to suspend the rules and advance Ordinance No. 86— 1999 to third reading and read by title only,second by Councilmember Lundy and the motion was carried on a unanimous voice vote. The Clerk read Ordinance No. 86—1999 on third reading. Ordinance No. 86—1999 was adopted on the following call of the roll. Ayes:Elstro,Lundy,Dickman,Hutton,Allen,Rice,Wissel,Parker and Welch(9) Nays:None Common Council Minutes Cont'd September 20, 1999 Page 4 ORDINANCES ON SECOND READING AND ENGROSSMENT ORDINANCE NO.71-1999 The Clerk read Ordinance No. 71 — 1999 —A SPECIAL ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF RICHMOND, INDIANA, AUTHORIZING THE SUBMITTAL OF A PROGRAM INCOME APPLICATION TO THE INDIANA DEPARTMENT OF COMMERCE AND ADRESSING RELATED MATTERS President Welch declared Ordinance No.71 — 1999 on public hearing. There being no comments either for or against the ordinance,Councilmember Elstro moved for engrossment,second by Councilmember Hutton and the motion was carried on a unanimous voice vote. Councilmember Rice moved to suspend the rules and advance Ordinance No. 71 — 1999 to third reading and read by title only, second by Councilmember Allen and the motion was carried on a unanimous voice vote. The Clerk read Ordinance No.71—1999 on third reading. Ordinance No.71—1999 was adopted on the following call of the roll. Ayes:Elstro,Lundy,Dickman,Hutton,Allen,Rice,Wissel,Parker and Welch(9) Nays:None ORDINANCE NO.72—1999 The Clerk read Ordinance No. 72 — 1999 — A SPECIAL ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF RICHMOND, INDIANA, AUTHORIZING THE SUMITTAL OF A PROGRAM INCOME APPLICATION TO THE INDIANA DEPARTMENT OF COMMERCE AND ADDRESSING RELATED MATTERS President Welch declared Ordinance No. 72— 1999 on public hearing. There being no comments either for or against the ordinance, Councilmember Dickman moved for engrossment, second by Councilmember Allen and the motion was carried on a unanimous voice vote. Councilmember Allen moved to suspend the rules and advance Ordinance No. 72— 1999 to third reading and read by title only, second by Councilmember Rice and the motion was carried on a unanimous voice vote. The Clerk read Ordinance No.72—1999 on third reading. Councilmember Parker said he felt it was only fair to explain Ordinances 71 and 72— 1999 to the people in the audience and those viewing the proceedings via WCTV, the public access channel. He said these program applications.are for an aerial fire truck, an update of the playground equipment in Glen Miller Park,an outdoor skate park and infrastructure improvements along North 12th Street. Ordinance No.72— 1999 was adopted on the following call of the roll. Ayes:Elstro,Lundy,Dickman,Hutton,Allen,Rice,Wissel,Parker and Welch(9) Nays:None ORDINANCE NO.75—1999 The Clerk read Ordinance No. 75 — 1999 —AN APPROPRIATION ORDINANCE TO BE KNOWN AS THE 2000 SALARY ORDINANCE President Welch declared Ordinance No. 75— 1999 on public hearing. There being no comments either for or against the ordinance, Councilmember Dickman moved for engrossment, second by Councilmember Rice and the motion was carried on a unanimous voice vote. Councilmember Rice moved to suspend the rules and advance Ordinance No. 75 — 1999 to third reading and read by title only, second by Councilmember Parker and the motion was carried on a unanimous voice vote. The Clerk read Ordinance No.75—1999 on third reading. President Welch explained that this is the ordinance that fixes the salaries for the governmental employees, who are in the City Building, and all the departments attached to the executive department of the City. The basic pay adjustments, he said, are for 2.5 percent although there are some scattered differences, which include merit increases or equalization in some departments. Common Council Minutes Cont'd September 20, 1999 Page 5 Councilmember Rice commented that he would hope that the administration next year would bring the City Controller's salary up with the other department heads. Ordinance No.75— 1999 was adopted on the following call of the roll. Ayes:Elstro,Lundy,Dickman,Hutton,Allen,Rice,Wissel,Parker and Welch(9) Nays:None ORDINANCE NO.76—1999 The Clerk read Ordinance No. 76 — 1999 — AN APPROPRIATION ORDINANCE FIXING THE ANNUAL COMPENSATION OF ALL ELECTED CITY OFFICERS FOR 2000 President Welch said this ordinance would be held on second reading and come back to Council at its October 4, 1999 meeting. ORDINANCE NO.77—1999 The Clerk read Ordinance No. 77 — 1999 — AN APPROPRIATION ORDINANCE AMENDING THE 1999 BUDGET President Welch declared Ordinance No.77—1999 on public hearing. Street Division Manager Bill Smith explained that this ordinance deals with transferring money within the Motor Vehicle Highway Fund to the Capital Equipment Account to be used for the conversion of a truck, using approximately $3,000, and an emergency backup generator, using approximately $8,000. President Welch said the questions at the last meeting revolved around the generator and asked Smith if he could clarify the condition of the generator. Smith explained that actually the generator that the City received from the military surplus is in good shape. What they are seeking, he said, is a backup generator to that one. He said their long range plans would be to use the generator they have now to supply power to the City Building in the event of an emergency and the backup generator would be there in case that one went down. Otherwise, he said, they would utilize it at the Street Division,keeping that operation going and the trucks running. Councilmember Parker asked if the other generator had ever been plugged in to see if it works here in the City Building and Smith responded that they had not ever been able to completely shut the existing power off and switching it over to the generator supply but that is something they are working on. He said they will try to get an electrical contractor to work with them on it and are going to try to do the same thing with the Street Division building. There being no further comments for and none against the ordinance, Councilmember Elstro moved for engrossment,second by Councilmember Hutton and the motion was carried on a unanimous voice vote. Councilmember Elstro moved to suspend the rules and advance Ordinance No. 77 — 1999 to third reading and read by title only,second by Councilmember Lundy and the motion was carried on a unanimous voice vote. The Clerk read Ordinance No.77—1999 on third reading. Ordinance No.77— 1999 was adopted on the following call of the roll. Ayes:Elstro,Lundy,Dickman,Hutton,Allen,Rice,Wissel,Parker and Welch(9) Nays:None ORDINANCE NO.79-1999 The Clerk read Ordinance No. 79 — 1999 — A SPECIAL ORDINANCE AUTHORIZING THE APPROVAL OF A STATEMENT OF BENEFITS FOR A PROPERTY OWNER APPLYING FOR DEDUCTIONS UNDER I.C. 6-1.1-12.1 Explaining this ordinance was Councilmember Allen who said she visited with Bill Ginter at Cinram Inc., which is requesting a 10-year abatement on new manufacturing equipment with an estimated value of $2,672,000. She said it involves the mastering, packaging, molding expansion, adding that Cinram's CD lines are mostly automated but they still have much manual packaging that some customers demand. She said they are also a large maker of cassettes and the factory runs 24 hours a day, seven days a week to keep up with the demand of their customers. She added that this expansion would enable the company to hire five additional employees to add to their current staff of 522. Common Council Minutes Cont'd September 20, 1999 Page 6 President Welch declared Ordinance No. 79— 1999 on public hearing. There being no comments either for or against the ordinance, Councilmember Dickman moved for engrossment, second by Councilmember Rice and the motion was carried on a unanimous voice vote. Councilmember Dickman moved to suspend the rules and advance Ordinance No. 79 — 1999 to third reading and read by title only, second by Councilmember Elstro and the motion was carried on a unanimous voice vote. The Clerk read Ordinance No.79—1999 on third reading. Ordinance No.79— 1999 was adopted on the following call of the roll. Ayes:Elstro,Lundy,Dickman,Hutton,Allen,Rice,Wissel,Parker and Welch(9) Nays:None ORDINANCE NO.80—1999 The Clerk read Ordinance No. 80 — 1999 — AN APPROPRIATION ORDINANCE TO BE KNOWN AS THE 2000 BUDGET President Welch said this ordinance would be held and come back on second reading at the special meeting September 27, 1999. ORDINANCE NO.81-1999 The Clerk read Ordinance No. 81 — 1999 —AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF RICHMOND, INDIANA, APPROVING OF THE ISSUANCE BY THE CITY OF RICHMOND,INDIANA,BOARD OF PARKS AND RECREATION OF SPECIAL TAXING DISTRICT BONDS OF THE CITY OF RICHMOND,INDIANA,PARK DISTRICT President Welch declared Ordinance No. 81 — 1999 on public hearing and stated that he was aware that there are several people in the audience tonight who want to speak in favor of it. He said Council has discussed the ordinance and most of the Councilmembers are well aware of what this is all about.He asked those who come forward to speak to condense their remarks,speaking only to pertinent facts. Stanton Lambert, superintendent of Parks and Recreation Department, said the ordinance deals with the$2 1/4 million bonding that would be used for six different projects previously approved by the Park Board. He said the improvements are necessary to replace or renovate facilities whose condition has deteriorated due to old age, extensive continual use and/or do not meet current codes including state building codes, Consumer Safety Product Commission guidelines for playground and the Americans with Disabilities Act regulations.He said the projects identified in this plan were prioritized from recommendations made by the Community Review Process in 1998 and although this plan does not address all facility and infrastructure issues in the parks system it does address the highest priority items and project components. He said Project 1 is to construct a new restroom facility located closer to the high use areas in Glen Miller Park and removal of the existing restroom building. Project 2, he said, is the replacement of the existing playground in Glen Miller Park with funding to be projected from the Revolving Loan Fund passed earlier tonight. He said it also includes the replacement of the existing tennis courts at their existing location and adding additional office space to the existing administration building at Glen Miller Park. Lambert said a partial listing of improvements being planned in progress or recently completed include the replacement of two of the park's nine bridges or culverts,paving of park roads, adding a skate park facility and addressing the erosion issues throughout the park especially along the creek and around the lake. In Clear Creek Park, he said, the renovation of Cordell Municipal Pool is planned, stating that the facility remains popular and is heavily used with more than 24,000 visitors to the pool this summer. However, he said,the pool house is in poor condition and is not up to code to serve the community. He added that deck drainage and lighting also do not meet code. Speaking to the funding of this project, Lambert said an important goal of the administration is to reduce or, at minimum,not to raise taxes. He said bonding for this project is set not to raise taxes but to retain the same level currently in place from the previous bond issue. Additionally, he said, the administration has developed a strategy to lessen the need to rely on bonding in the future through setting aside funding each year in the department's operating budget that can be accumulated to address facility and infrastructure issues as the need arises. He said, however, this project cannot be put off until this strategy is functioning but this would give the community another option for funding in the future. Common Council Minutes Cont'd September 20, 1999 Page 7 Lambert said the schematic phase of the design process for this project has been completed and a copy of the report detailing the work done to date has been given to Councilmembers.Those in the audience tonight to answer questions include himself,Erick Rantz who is representing the design firm of Quandt Inc.; Nick Serrani, Vice President of the Park Board; City Controller Shelley Miller; City Attorney Bob Bever; Colleen Irwin-Naught, representing the bond financial advisors H.J. Umbaugh & Associates; and David Arrison, representing bond counsel Baker & Daniels. He said the design board would be located in the hallway tonight for further review and would be displayed on the second floor of the City Building for review by the public throughout the next two weeks. Lambert said the project and the bond planning has gone through a lengthy public process including three Park Board resolutions being passed with no public dissent. He added that he would recommend the ordinance be passed to enable the community to continue to enjoy the excellent parks system now and in the future. In answer to a question by Councilmember Elstro about the Skate Park, Lambert said it would have three different areas which include one for beginners,intermediates and experienced as well as a street skate area resembling an open area that kids currently use on the street with railings, stairs and curbing. He said it would also include some bowls and ramps, adding that most of it would be designed at the low grade level so there would be no huge structure standing above ground level at Glen Miller Park. He said the location of the Skate Park, which would be open to skate boards and in line skating would be at the corner of North D and 22nd Streets where the old ball field used to be. Councilmember Hutton asked what kind of extra liability insurance would be required for the Skate Park. Lambert answered that when checking with the City's risk management insurance company they stated that at this time there would be no additional liability insurance. He said the reason for that is that skating has been put onto the high risk list of recreational activities which means that users who are participating in that sport are deemed to understand, acknowledge and accept that there is a risk in participating in that type of sport. Speaking to the questions raised by Councilmember Parker was Collette Irwin-Naught who said that because of this being a relatively short bond issue as far as the number of years of repayment, they would anticipate that the bonds would sell at about 4 3/4 to 5 percent. She said the bond issue that was retired was at about 8 percent. Councilmember Parker then commented that this would be the exact amount of money but at a lower rate,therefore a lower tax rate.Irwin-Naught said the bond issue is designed so it would have approximately a 9-cent tax rate and in the past 10 years the debt service rate for the previous bond issue actually began at about 12 cents. President Welch said when the Skate Park is built, there will be sidewalk added along the east edge of North 22nd Street running north from East Main Street to the Skate Park.Lambert added that the Skate Park would be funded through the Revolving Loan Fund as opposed to the bonding issue.He said they are doing the design planning for the playground area through the bond issue but it will all be constructed through the funding from the Revolving Loan Fund. Councilmember Dickman suggested that warning signs be posted that read "Skate At Your Own Risk," so at least it would be posted. Lambert said they had been informed of that and added that those who are interested in seeing what kind of Skate Park they have in mind, Middletown, Ohio just put one in that opened up in June. Serrani stated that a lot of work had been done in this area and the Park Board looks for all these improvements to put them in compliance so they will be ready for the next century.He said he feels that if they wait any longer they are going to be behind the eight ball. He added that the Park Board is very pleased with all the improvements and enthused about them. Councilmember Rice said he feels it is about time to do something about the playground equipment because he has had his grandson out there several times and noticed some areas where kids could fall through. President Welch said everything that is on the playground now will be eliminated and the area will be enlarged. He said the topography will change and all the equipment placed there will be up to date and in line with the current code.He said there would be some things there that have never been there before. Arrison,representing the bond counsel, said he and another representative of the firm have attended all the meetings of the Park Board and there has been no opposition to this project. He said it sounds like it is a project whose time has come and added that the bonds are of the district and are issued in the name of the City but the City itself is not liable. He said they are looking at a sale date of about November 23 if they can get the State Tax Board to move promptly with the approval of the bond issue and the closing would be early in December.He added that they certainly would like to get this completed before the end of the year if possible. Common Council Minutes Cont'd September 20, 1999 Page 8 Lundy asked about the volleyball courts in Clear Creek Park and Lambert answered that as part of this project here or as part of the 2000 budget they have put in the 260 budget at Middlefork Reservoir to construct a second sand volleyball court at the Reservoir which would allow them to move their leagues out there.He said currently the leagues have to play on Sunday nights and it is inside the pool area that creates some user group conflicts if one group rents the pool and the leagues are down in the sand volleyball area. He said by moving them to the reservoir it would put it into a public area that the community would be able to use easier and more freely. She also asked about Springwood Lake and Lambert said those courts are hard courts and they are in the process of trying to get the paving done this year,but certainly next year. There being no further comments for and none against the ordinance, Councilmember Hutton moved for engrossment,second by Councilmember Elstro and the motion was carried on a unanimous voice vote. Councilmember Hutton moved to suspend the rules and advance Ordinance No. 81 — 1999 to third reading and read by title only, second by Councilmember Lundy and the motion was carried on a unanimous voice vote. The Clerk read Ordinance No. 81—1999 on third reading. Ordinance No. 81— 1999 was adopted on the following call of the roll. Ayes:Elstro,Lundy,Dickman,Hutton,Allen,Rice,Wissel,Parker and Welch(9) Nays:None ORDINANCES ON THIRD READING There were none. UNFINISHED BUSINESS Councilmembers joined in wishing fellow Councilmember Rice happy birthday. CALL FOR ADJOURNMENT There being no further business,on a motion duly made,seconded and passed,the meeting was adjourned. Bing Welch,President ATTEST: Norma Schroeder,Clerk