Loading...
1995-02-13_Minutes 85-106 COMMON COUNCIL FEBRUARY 13, 1995 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the thirteenth day of February, AD. 1995, at 7:00 o'clock p.m. present Shirley McAlary, Deputy Mayor Councillors Chase, Coughlan, Gould, Knibb, Rogers, Trites, A Vincent and M. Vincent - and - Messrs. 1. Totten, City Manager; F. Rodgers, City Solicitor; D. Wilson, Commissioner of Finance; C. Robichaud, Commissioner of Municipal Operations; J. C. MacKinnon, Commissioner of Environment and Infrastructure Services; P. Groody, Commissioner of Human Resources; S. Bedford, Commissioner of Development Services; W. Butler, Commissioner of Community Services; D. Logan, Purchasing Agent; W. Edwards, Building Inspector; J. Baird, Manager - Development Division, Planning; G. Tait, Fire Chief; D. Sherwood, Chief of Police; Mrs. M. Munford, Common Clerk; and Ms. C. Joyce, Assistant Common Clerk. 1. MeetinQ Called To Order - OpeninQ Prayer Deputy Mayor McAlary called the meeting to order, and Pastor David Warren of the Foursquare Gospel Church offered the opening prayer. 2. Approval of Minutes On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that minutes of the meeting of Common Council, held on February 6, 1995, be approved. Question being taken, the motion was carried. 3. Municipal Plan Amendment And Re-ZoninQ 293-309 Lancaster Avenue The Common Clerk advised that the necessary advertising was completed with regard to (a) a proposed Municipal Plan amendment to redesignate on Schedule 2-A, the Future Land Use Plan, a parcel of land located at 293-309 Lancaster Avenue (NBGIC Numbers 33399, 36384, 55042279, 55042287 and 32755), from Medium Density Residential to District Centre Commercial classification; and (b) re- zoning the same parcel of land from "B-1" Local Business and "R-1 B" One-Family Residential to "B-2" General Business classification, to recognize the existing use of the property for a funeral home and related facilities and permit the completion of alterations and additions to the buildings, including an extension of the chapel, as requested by Castle Funeral Homes Ltd., and that no written objections were received in this regard. Consideration was given to a report from the Planning Advisory Committee submitting a copy of the Planning Department's report considered at the Committee's February 7 meeting at which the applicant expressed agreement with the recommendation; and recommending that Common Council: (1) redesignate on Schedule 2-A of the Municipal Development Plan, from Medium Density Residential to District Centre Commercial classification, a parcel of land located at 293-309 Lancaster Avenue (NBGIC Numbers 33399, 36384, 55042279, 55042287 and 32755); and (b) re- zone the same parcel of land from "B-1" Local Business and "R-1 B" One-Family Residential to "B-2" General Business classification, subject to a resolution pursuant to Section 39 of the Community Planning Act limiting the use of the property to a funeral home and related facilities, including offices, tea room and florist/gift shop. 85-107 COMMON COUNCIL FEBRUARY 13, 1995 On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that the by-law entitled, "A Law To Amend The Municipal Plan By-Law", by redesignating on Schedule 2-A, the Future Land Use Plan, a parcel of land located at 293-309 Lancaster Avenue (NBGIC Numbers 33399, 36384, 55042279, 55042287 and 32755), from Medium Density Residential to District Centre Commercial classification, be read a first time. Question being taken, the motion was carried. Read a first time the by-law entitled, "A Law To Amend The Municipal Plan By-Law". On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that the by-law entitled, "A Law To Amend The Municipal Plan By-Law", by redesignating on Schedule 2-A, the Future Land Use Plan, a parcel of land located at 293-309 Lancaster Avenue (NBGIC Numbers 33399, 36384, 55042279, 55042287 and 32755), from Medium Density Residential to District Centre Commercial classification, be read a second time. Question being taken, the motion was carried. Read a second time the by-law entitled, "A Law To Amend The Municipal Plan By-Law". On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning a parcel of land located at 293-309 Lancaster Avenue (NBGIC Numbers 33399, 36384, 55042279, 55042287 and 32755), from "B-1" Local Business and "R-1 B" One-Family Residential to "B-2" General Business classification, pursuant to Section 39 of the Community Planning Act as recommended by the Planning Advisory Committee, be read a first time. Question being taken, the motion was carried. Read a first time the by-law to amend the Zoning By-Law of the City of Saint John. On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning a parcel of land located at 293-309 Lancaster Avenue (NBGIC Numbers 33399, 36384, 55042279, 55042287 and 32755), from "B-1" Local Business and "R-1 B" One-Family Residential to "B-2" General Business classification, pursuant to Section 39 of the Community Planning Act as recommended by the Planning Advisory Committee, be read a second time. Question being taken, the motion was carried. Read a second time the by-law to amend the Zoning By-Law of the City of Saint John. On motion of Councillor Knibb Seconded by Councillor M. Vincent 85-108 COMMON COUNCIL FEBRUARY 13, 1995 RESOLVED that the above report from the Planning Advisory Committee be received and filed. Question being taken, the motion was carried. 4. Municipal Plan Amendment Municipal Development Plan Update Public presentation was made of a proposed Municipal Plan amendment which would (a) delete the existing Part One - General and (b) adopt a new Part One - General, to update the Municipal Development Plan. (Councillor Trites withdrew from the meeting during the above presentation. ) * Added Item On motion of Councillor Knibb Seconded by Councillor Chase RESOLVED that the matter of the Public Safety Communications Centre staffing and related matters, which was considered in Committee of the Whole earlier this date under item 34, be added to the agenda for consideration at this meeting as item 8A. Question being taken, the motion was carried. (Councillor Trites re-entered the meeting.) *8A. Public Safety Communications Centre StaffinQ And Related Matters On motion of Councillor Knibb Seconded by Councillor Chase RESOLVED that as recommended by the City Manager, Common Council: (1) approve the classification of Public Safety Communications positions as follows:- (a) Public Safety Communications Supervisor - Group 7 (Local 486), and (b) Public Safety Communications Operator - Group 4 (Local 486); (2) ratify the proposed Letter of Agreement (submitted) with the Canadian Union of Public Employees, Saint John City Hall Employees' Local Union No. 486, C.L.C., on the matter of the Public Safety Communications Centre, including the amendment of Schedule "C" to the collective agreement; and (3) authorize the Mayor and Common Clerk to execute the proposed Letter of Agreement on behalf of the City. Mr. Totten advised that the above is the result of negotiations with Local 486 and essentially recommends the addition to the Establishment of a number of positions that will be required by the City as it moves to institute a civilian joint dispatch centre, and also deals with the matter of shifts, pay scale and other items. Mr. Groody, in response to Council queries, commented on the number of employees per shift, the staffing process, training, and the number of persons to be hired who are bilingual in both french and english; confirmed that employees of this particular section would not have the right to go on strike; and, in addressing a concern about twelve-hour shifts, made the observation that Schedule "C" provides for review and adjustment on the matter of work schedules, with a comprehensive review of the schedule to be conducted after 12 months of operation. During discussion, Councillor A. Vincent advised his opposition to a twelve-hour shift. Question being taken, the motion was carried with Councillor A. Vincent voting "nay". 5. Saint John Barbers By-Law Committee - In Opposition To By-Law To Repeal Barber Shop By-Law Consideration was given to a letter from the Saint John Barbers By-Law Committee responding to the proposed amendment to repeal the Barber Shop By-Law 85-109 COMMON COUNCIL FEBRUARY 13, 1995 (which was given first and second readings on January 9 and is on the agenda of this meeting for third reading under item 24), and submitting a list of names of barbers who are in opposition to changing the existing Barber Shop By-Law and wish that it remain as is. Mr. Marc Durelle of Vic's Barber Shop on King Street appeared before Council and, having noted the above letter, advised that the reason for the presentation was to request that the hours of operation remain as they are and the By-Law be kept in place for the reason that, as there is no barbers' association in place, the By-Law regulates the hours that barbers work; and explained that hairdressers, who have an association, have their own hours of work and work more hours than barbers because they work shifts, which barbers do not. Mr. Durelle advised that he, personally, does not take a two- or three-week summer vacation but rather takes Mondays and the odd Saturday morning off because customers of the barber trade prefer to go to their own barber. During discussion Mr. Durelle explained that, while without the Barber Shop By-Law barbers could still close on Mondays, barber shops in malls could open on Mondays because of the lack of a By-Law and would be expected to be open during the mall hours, which would make it hard for the rest of the barber shops; and that, while the 14 barber shops which have been closed on Mondays for the past 28 years could continue by common agreement to remain closed on Monday, all barber shops would have to stay open if one after another of them decided to open on Mondays. 6. David Cossaboon - Street Vendors Mr. David R. Cossaboon addressed Council and, referring to his previously-submitted letter, advised that it is getting to the point where a person cannot get into the street vending business, or expand a current business, as there are only 15 spots in the City while there is a vending bus and about 20 carts, all of which are not used; expressed concern about an increase in the price of the spots to a minimum bid of $3,000, and suggested that monthly payments should be considered if the price is to be high; and, with regard to a complaint that vendors take business from restaurants, advised that the price of hot dogs from vending carts is actually more expensive than many of the restaurants in the City. Mr. Cossaboon suggested that the area for vending sites should be opened up to include Rockwood Park, St. Martins Corner and Reversing Falls, and that a variety of items could be sold from vending carts. Deputy Mayor McAlary advised that City Planning staff is reviewing the matter of vendors for a report and recommendation to Council at a later time. (Councillor Rogers withdrew from the meeting.) On motion of Councillor M. Vincent Seconded by Councillor Coughlan RESOLVED that the presentation of Mr. David R. Cossaboon regarding street vendors be referred to the City Manager for study and a report, and dialogue with the people involved if additional information is required. Question being taken, the motion was carried. 7. David W. Lyttle -In Support Of Bv-Law To Repeal Barber Shop Bv-Law Mr. David Lyttle, owner/operator of The Barber Shop at 12 Church Avenue West, addressed Council in favour of giving third reading to the proposed amendment to repeal the Barber Shop By-Law so that free enterprise may open barber shops throughout the City; made the observation that the restrictions placed on the hours of operation of barber shops by the current By-Law also restricts barber shops in keeping competitive hours with hairdressing salons in the City which are not restricted in this manner; and commented on the questionnaire forwarded to barber shops throughout the City by the Building Inspector's Office. Mr. Lyttle asked that Council 85-110 COMMON COUNCIL FEBRUARY 13, 1995 repeal the Barber Shop By-Law, which he finds discriminatory in certain ways; and clarified that he is asking for the option to open which in no way is asking Council to legislate the hours of any other barber shop operations. Deputy Mayor McAlary thanked Mr. Lyttle for his presentation and noted that Council will be dealing with this issue later in the meeting. 10. Request Of New Brunswick Senior Citizen's Federation For Assistance Re Conference Consideration was given to a letter from Deputy Mayor McAlary submitting a letter from New Brunswick Senior Citizen's Federation Inc. requesting financial assistance in hosting its 27th Annual Meeting in Saint John on October 14 and 15. Deputy Mayor McAlary noted the presence at the meeting of Mr. Gerry Burke and members of the Saint John Senior Citizens Federation; and asked for Council's approval for Mr. Stephen Boyce, Executive Director of N.B. Senior Citizen's Federation Inc. of Moncton, to address Council. On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that Mr. Stephen Boyce be invited to address Council at this time. Question being taken, the motion was carried. Mr. Boyce, in noting the above request for financial support with regard to the Federation's Annual Meeting to be hosted by the Saint John Loyalist Zone of the Federation on October 14 and 15, advised that, while the Federation has begun a reorganizational process of its own organization and structure and has identified many fund-raising projects which will eventually allow it to become more financially independent, the Federation lacks the start-up capital at this time, which is the reason for the request for support. On motion of Councillor Chase Seconded by Councillor Knibb RESOLVED that the letter from Deputy Mayor McAlary submitting a request from New Brunswick Senior Citizen's Federation Inc. for financial support for its 27th Annual Meeting in Saint John in October -- be referred to the City Manager. Question being taken, the motion was carried. 26. Blaine R. Harris - Barber Shop Bv-Law On motion of Councillor Knibb Seconded by Councillor Chase RESOLVED that the letter from Mr. Blaine R. Harris re-iterating his request that the Barber Shop By-Law be repealed -- be received and filed. Question being taken, the motion was carried. (Councillor M. Vincent withdrew from the meeting.) 9. Mavor's Remarks Deputy Mayor McAlary proclaimed February 13 to 18 to be Bowl For Kids Week in the City of Saint John in support of Big Brothers-Big Sisters of Saint John Inc.; 85-111 COMMON COUNCIL FEBRUARY 13, 1995 noted that one year ago on this date Mayor Thomas Higgins was sworn in as Mayor of the City, and wished him the best in his recovery from surgery; and extended an invitation to the February 15 celebration of the 30th Anniversary of the National Flag of Canada. (Councillor Chase withdrew from the meeting.) On motion of Councillor Trites Seconded by Councillor A. Vincent RESOLVED that the Common Council of the City of Saint John extend congratulations to the James Gratton rink for its efforts at the Canadian Junior Men's Curling Championship. (Councillor Chase re-entered the meeting.) Question being taken, the motion was carried. Councillor Coughlan asked the City Manager to look into the cross walk situation on Manawagonish Road adjacent to the St. Rose and Barnhill Schools in view of an elementary school child having recently been struck by a vehicle in that area; and Councillor Knibb commended Mr. Stephen Carson, General Manager of Enterprise Saint John, for his address to the Outlook 1995 Breakfast on February 8 in support of Saint John's economic development, a transcript of which was published in the local newspaper. (Councillor M. Vincent re-entered the meeting.) 8. Saint John District Labour Council I Local 771. I.A.F.F. - Fire Protection Reductions Deputy Mayor McAlary welcomed to the Council Chamber a delegation of Saint John Fire Fighters. Mr. Neil Leard, President of the Saint John District Labour Council, introduced Messrs. C. Hickey, President, and J. McCarthy, Secretary, of Saint John Fire Fighters' Association, Local Union No. 771, I.A.F.F., who, in turn, presented a brief (copies of which were distributed to Council members at this time) on the concerns on reductions in the fire service in the City of Saint John, with the request that Council reconsider the decision to eliminate any apparatus from the Saint John Fire Department. On motion of Councillor M. Vincent Seconded by Councillor Coughlan RESOLVED that the presentation by the Saint John District Labour Council and the Saint John Fire Fighters' Association, Local Union No. 771, I.A.F.F., concerning fire protection reductions, be referred to the City Manager and the Fire Chief for assessment and evaluation. Question being taken, the motion was carried. 11. Request Of Scott Munn For Assistance To Participate In Forum For YounQ Canadians On motion of Councillor Knibb Seconded by Councillor Chase RESOLVED that the letter from Deputy Mayor McAlary submitting a letter from Scott Munn advising that he has been selected as a student from the Saint John area to attend the Forum For Young Canadians on the process of government in Canada; and requesting Council to assist him with his tuition costs in this regard -- be received and filed. 85-112 COMMON COUNCIL FEBRUARY 13, 1995 Question being taken, the motion was carried. 12. ProQress Payment Contract 94-7 On motion of Councillor Chase Seconded by Councillor Trites RESOLVED that as recommended by the City Manager, authority be granted for payment of the following construction progress certificate, namely:- 1. Contract 94-7 Asphaltic Concrete Street ResurfacinQ Classic Construction Ltd. Original estimated value of work Total work done, Estimate Number 7 Retention Payments previously approved Sub-Total G.ST Component Sum recommended for payment, Progress Estimate Number 7, dated February 9, 1995 Partial holdback release. $889,900.00 840,026.07 4,018.00 711,903.96 124,104.11 8,022.85 $124,104.11 Question being taken, the motion was carried. 13. Tender For Work Boots On motion of Councillor Knibb Seconded by Councillor Chase RESOLVED that as recommended by the City Manager, the tender of Green-Lee Shoes be accepted for the supply of safety work boots for a period of one year, at the prices as indicated in the submitted summary of bids. Question being taken, the motion was carried. 14. Saint John Salvage Corps And Fire Police - Issuance Of Warrant On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that as recommended by the City Manager, a warrant be issued for Mr. Brian Christopher Ewart for membership in the Saint John Salvage Corps and Fire Police. Question being taken, the motion was carried. 15. Saint John Salvage Corps And Fire Police - Cancellation Of Warrant On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that as recommended by the City Manager, the warrant for Mr. Ernest Best, for membership in the Saint John Salvage Corps and Fire Police, be cancelled and Mr. Best be thanked for his service to the City. Question being taken, the motion was carried. 85-113 COMMON COUNCIL FEBRUARY 13, 1995 16. Saint John Salvage Corps And Fire Police - Election Of Officers On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that as recommended by the City Manager, Common Council approve the appointment of the following officers of the Saint John Salvage Corps and Fire Police for the year 1995:- Captain - Brian Cornish; First Lieutenant - Joseph Savoy; Second Lieutenant - Harold Mayes; Secretary - Harold Peddle; and Treasurer - Robert Pade. Question being taken, the motion was carried. 17. Equipment Rentals On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that the report from the City Manager submitting information on equipment rented by the City of Saint John, as requested at a recent Council meeting, which indicates that $276,000 was spent on renting equipment by Municipal Operations between December 1993 and November 20, 1994, and shows a breakdown of the major expenditures by department -- be received and filed. (Councillor Trites withdrew from the meeting.) Question being taken, the motion was carried. 18. Surplus Transport Canada Land - PartridQe Island Consideration was given to a report from the City Manager advising that Transport Canada has declared surplus its land holdings on Partridge Island, with the exception of that as listed herein, and that, as Partridge Island has historical significance in the development of Saint John, staff believes that ownership of the surplus holdings should be transferred to Parks Canada and held for future development; and submitting a recommendation in this regard. On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that as recommended by the City Manager, the Mayor and Common Council correspond with Public Works Canada and Parks Canada in an attempt to have the surplus lands on Partridge Island transferred to Parks Canada in order that, when feasible, the Island may be developed in a manner appropriate to its historical significance. (Councillor Trites re-entered the meeting.) Question being taken, the motion was carried. 19. Upper Floors Grant 110-112 Water Street On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that as recommended by the City Manager, Common Council approve the application of ADI Limited for funding under the Upper Floors Grant Program, not to exceed $4,600, for the property located 85-114 COMMON COUNCIL FEBRUARY 13, 1995 at 110-112 Water Street. Question being taken, the motion was carried. 20. Clean Air StrateQV On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that the report from the City Manager advising that, further to the report to Council on March 14, 1994 concerning the Province's Clean Air Strategy for New Brunswick which identified the Saint John - Fundy area as one of the five Air Resource Management Areas (ARMAs), the Minister of the Environment on February 8 announced the formation of the first ARMA Committee; and listing the names of the members on this Committee which will have its first meeting on February 22 to develop a plan of action and a schedule to meet with the stakeholders -- be received and filed. Question being taken, the motion was carried. 21. Contract With Animal Rescue LeaQue Read a report from the City Manager submitting, further to the January 16 Committee of the Whole meeting, a proposed contract with the Animal Rescue League for dog control service to the City of Saint John. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that as recommended by the City Manager, Common Council approve and authorize the Mayor and Common Clerk to execute the submitted contract with the Animal Rescue League for dog control service to the City of Saint John. Question being taken, the motion was carried. 22. Canada Post/Canada Customs Cutbacks Consideration was given to a report from the City Manager referring to Common Council resolution of January 16 dealing with a letter from 1.G. Phillips (Canada Customs) on Canada Post's proposal to cut Federal public service jobs in Saint John; and submitting a recommendation for a course of action that differs slightly from that proposed by Mr. Phillips. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that as recommended by the City Manager, Common Council forward a letter to George Clermont, President and CEO of the Canada Post Corporation, and The Honourable David Dingwall, Federal Minister of Public Works and Government Services, urging that Canada Post reconsider its proposed action based on the following very valid business reasons:- (1) that commercial and business transactions will be delayed in the Maritime Provinces as a result of the added transshipment time for and from Montreal; and (2) this erosion of customer service will reduce the competitive position of Maritime companies; and further that The Honourable David Anderson, Minister of National Revenue, be urged to retain the Saint John Customs screening centre; and that copies of all related correspondence be forwarded to the Prime Minister. Councillor M. Vincent served notice of his intent, at the next Council meeting, to ask Deputy Mayor McAlary and Council to hold a public forum meeting bringing in Enterprise Saint John, the Board of Trade, perhaps members of the previously-identified unity committee, and business leaders to have some discussion, yet not interfere with the guidelines and parameters given Enterprise Saint John, for the assembling of a team based on the principle adopted by Council that business people should deal with businesses and elected officials should deal with politicians; and 85-115 COMMON COUNCIL FEBRUARY 13, 1995 suggested that items 22 and 18 on this Council agenda might very well be topics for such a group or delegation to pursue with the other levels of government. Question being taken, the motion was carried. 23. Legal Session Resolution Former Nurses Residence Read a letter from the Common Clerk submitting a resolution adopted in Legal Session of Council on February 6. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that Mr. William Edwards, Building Inspector, is hereby authorized to apply on behalf of The City of Saint John to the Court of Queen's Bench of New Brunswick for an Order authorizing The City of Saint John to demolish the former General Hospital Nurses Residence building and remove all of the debris from the land on which the building is located, at the expense of Geneva Roth Holdings I Ltd. Question being taken, the motion was carried. 24. Barber Shop Bv-Law Amendment On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that the by-law entitled, "A By-Law To Repeal A By-Law Respecting The Early Closing Of Barber Shops", be read a third time and enacted and the Corporate Common Seal be affixed thereto. The by-law entitled, "A By-Law To Repeal A By-Law Respecting The Early Closing Of Barber Shops", was read in its entirety. Councillor Gould made the observation that the lack of enforcement of the Barber Shop By-Law is not the fault of the barbers; and expressed the opinion that, while the current By-Law might have some defects such as a pre-eight o'clock morning opening being a violation, it serves a useful purpose. Question being taken, the motion was carried with Councillors Gould and A. Vincent voting "nay". 25. Subdivision 343 Dwver Road On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that as recommended by the Planning Advisory Committee, Common Council (1) assent to the submitted photo- reduced subdivision plan of Lot 94-1 and to a 9.14-metre (30-foot) wide municipal services easement with regard to 343 Dwyer Road; and (2) authorize the preparation and execution of a City/Developer subdivision agreement to ensure provision of the required work, including ditching within the proposed easement to ensure proper drainage. Question being taken, the motion was carried. 27. Duck Cove Recreation And Heritage Association Inc. - Water, Sewerage, Storm Water Services. Traffic SiQns On motion of Councillor Knibb Seconded by Councillor Chase 85-116 COMMON COUNCIL FEBRUARY 13, 1995 RESOLVED that the letter from the President of Duck Cove Recreation and Heritage Association Inc. advising that the fact that its community will not receive proper water, sewerage and storm water services again this year is totally unacceptable, and also that, with regard to a letter presented to Council on the Association's behalf requesting the replacement of two traffic signs, these signs are not installed to date -- be referred to the City Manager for an appropriate response. Question being taken, the motion was carried. Adjournment On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that this meeting be adjourned and that Council meet in Committee of the Whole. Question being taken, the motion was carried with Councillor A. Vincent voting "nay". Common Clerk