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HomeMy WebLinkAbout05/15/89 Board of Public Works Minutes134 REGULAR MEETING MAY 1511989 The regular meeting of the Board of Public Works was convened at 9:35 a.m. on Monday, May 15, 1989, by Board President John E. Leszczynski, with Mr. Leszczynski, Mrs. Patricia E. DeClercq and Ms. Katherine Humphreys present. Also present was Assistant City Attorney Jenny Pitts-Manier. APPROVE MINUTES OF PREVIOUS MEETING Upon a motion made by Mrs. DeClercq, seconded by Ms. Humphreys and carried, the minutes of the regular meeting of the Board held on May 8, 1989 were approved. OPENING AND AWARD OF BIDS - SALE OF ABANDONED VEHICLES This was the date set for receiving and opening of sealed bids for the sale of approximately fourteen (14) abandoned vehicles which have been stored at Super Auto Salvage Corporation, 3300 South Main Street, South Bend, Indiana. The Clerk tendered proofs of publication of Notice in the South Bend Tribune and the Tri-County News which were found to be sufficient. The following bids were opened and publicly read: AUTO WORLD 2003 McKinley Highway Mishawaka, Indiana VEHICLE NO. TAG NO. AMOUNT BID 1. 10191 $ 32.00 10. 11618 22.00 11. 12077 102.00 MR. GENE HANCZ STEVE & GENE'S AUTO TRUCK SALVAGE 3109 Gertrude P.O. Box 2883 South Bend, Indiana 46680 VEHICLE NO. TAG NO. AMOUNT BID 1. 10191 $ 50.75 2. 10222 50.75 3. 10460 25.75 4. 10589 25.75 5. 11264 45.75 6. 11305 50.75 7. 11334 50.75 8. 11429 150.75 9. 11617 50.75 10. 11618 50.75 11. 12077 50.75 12. 12079 25.75 13. 8727 25.75 14. 8735 25.75 MS. NINA TESKE 54830 Pear Road South Bend, Indiana VEHICLE NO. TAG NO. AMOUNT BID 1. 10191 $ 98.00 2. 10222 63.00 135 REGULAR MEETING MAY 15, 1989 VEHICLE NO. TAG NO. AMOUNT BID 3. 10460 $ 42.00 6. 11305 78.00 9. 11617 71.00 MR. ROGER FISHER 717 South Dundee Street South Bend, Indiana VEHICLE NO. TAG NO. AMOUNT BID 12. 12079 $ 101.00 MR. PAUL E. SCHULTZ SUPER AUTO SALVAGE CORPORATION 3300 South Main Street South Bend, Indiana 46680-2654 VEHICLE NO. TAG NO. AMOUNT BID 1. 10191 $ 62.55 2. 10222 25.79 3. 10460 22.63 4. 10589 22.63 5. 11264 25.79 6. 11305 63.79 7. 11334 25.79 8. 11429 47.63 9. 11617 63.79 10. 11618 52.50 11. 12077 76.89 12. 12079 18.79 13. 8727 18.79 14. 8735 18.79 SOUTH BEND AUTO PARTS 307 West Calvert South Bend, Indiana VEHICLE NO. TAG NO. AMOUNT BID 1. 10191 $ 52.73 2. 10222 38.68 3. 10460 99.10 4. 10589 48.57 5. 11264 46.47 6. 11305 77.63 7. 11334 50.65 9. 11617 127.69 10. 11618 75.46 11. 12077 78.51 12. 12079 27.39 13. 8727 37.70 14. 8735 97.87 MR. PAUL KOWALSKI K AUTO SALVAGE 56670 Sonora Road South Bend, Indiana 136 REGULAR MEETING MAY 15, 1989 VEHICLE NO. TAG NO. AMOUNT BID 1• 10191 $ 51.00 2. 10222 40.00 3. 10460 26.00 4• 10589 21.00 5. 11264 45.00 6. 11305 54.00 7. 11334 45.00 9. 11617 91.00 10. 11618 55.00 11. 12077 30.00 12. 12079 52.00 13. 8727 26.00 14. 8735 22.00 Upon a motion made by Mr. Leszczynski, seconded by Mrs. DeClercq and carried, the above bids were referred to the Department of Code Enforcement for immediate review and recommendation in order that an award could be made prior to adjournment of the meeting. Following that review, upon a motion made by Mrs. DeClercq, seconded by Ms. Humphreys and carried, the following bids were awarded: MR. ROGER FISHER 717 South Dundee Street South Bend, Indiana VEHICLE NO. TAG NO. 12. 12079 TOTAL: SOUTH BEND AUTO PARTS 307 West Calvert South Bend, Indiana VEHICLE NO. TAG NO. AMOUNT BID $ 101.00 $ 101.00 AMOUNT BID 3. 10460 $ 99.10 4. 10589 48.57 5. 11264 46.47 6. 11305 77.63 9. 11617 127.69 10. 11618 75.46 11. 12077 78.51 13. 8727 37.70 14. 8735 97.87 TOTAL: $689.00 MS. NINA TESKE 54830 Pear Road South Bend, Indiana VEHICLE NO. TAG NO. AMOUNT BID 1. 10191 $ 98.00 2. 10222 63.00 TOTAL: $161.00 1 1 1 REGULAR MEETING MAY 15, 1989 :137 0 MR. GENE HANCZ STEVE & GENE'S AUTO TRUCK SALVAGE 3109 Gertrude P.O. Box 2883 South Bend, Indiana 46680 VEHICLE NO. 7. 8. TAG NO 11334 11429 TOTAL: GRAND TOTAL: AMOUNT BID $ 50.75 150.75 $ 201.50 $1,152.50 APPROVE COMMUNITY DEVELOPMENT CONTRACT The following Community Development Contract was presented to the Board for approval: DEPARTMENT OF CODE ENFORCEMENT DEMOLITION AND CLEARANCE ACTIVITY The targeted goal for this activity is to demolish and clear twelve (12) units within the Neighborhood Re- vitalization Area. The total cost of this activity shall not exceed $20,000.00. Upon a motion made by Ms. Humphreys, seconded by Mr. Leszczynski and carried, the above referred to Contract was approved and executed. ADOPT RESOLUTION NO. 17-1989 - DISPOSAL OF OBSOLETE EOUIPMENT (POLICE DEPARTMENT) Mr. Leszczynski advised that Police Chief Ronald G. Marciniak has requested permission to dispose of obsolete and surplus portable radios through a public auction. It was noted that the value of the seventeen (17) radios is in excess of one thousand dollars ($1,000.00) and the Police Department wishes to request a minimum opening bid of three thousand, four hundred dollars ($3,400.00) which is the current estimated value for the total group of radios. The radios will be offered without frequency crystals. It was further noted that the radios are RCA police radios that are no longer in use as the Department has been using a newer type of transciever manufactured by General Electric and the RCA radios do not fit in the charging units that are installed in the fleet of police cars. The seventeen (17) radios and chargers will be offered in one (1) parcel. Therefore, upon a motion made by Mrs. DeClercq, seconded by Ms. Humphreys and carried, the following Resolution No. 17-1989 was adopted: RESOLUTION NO. 17-1989 A RESOLUTION OF THE _SOUTH BEND BOARD OF PUBLIC WORKS ON DISPOSAL OF UNFIT AND/OR OBSOLETE PROPERTY WHEREAS, it has been determined by the Board of Public Works that the following property is unfit for the purpose for which it was intended and is no longer needed by the City of South Bend: SEVENTEEN (17) RCA POLICE RADIOS AND CHARGERS 138 REGULAR MEETING MAY 15, 1989 RCA RADIOS SERIAL # CHARGERS - TAG # INVENTORY # 1780 H01019K 1805 1788 H01027K 1797 1808 H01029K 1795 1826 H02536K 1813 1802 H01026K 1814 1812 H01014K 1775 1790 H01022K 1785 1806 H01010K 1801 1800 H01018K 1777 1778 H01030K 1789 4528 H01011K 1803 1784 H01023K 1787 1827 H01015K 4530 1782 H01013K 1828 1829 H01020K 1783 4529 H01025K 1779 1798 H01024K 1791 WHEREAS, Indiana Code 36-1-11-6(b) permits and establishes procedure for disposal of personal property which is unfit for the purpose for which it was intended and which is no longer needed by the City. NOW, THEREFORE, BE IT RESOLVED, by the Board of Public Works of the City of South Bend that the items listed above are no longer needed by the City; are unfit for the purpose for which they were intended; and have an estimated total value of One Thousand Dollars ($1,000.00) or more. BE IT FURTHER RESOLVED public auction, conducted that said equipment must by an auctioneer licensed be sold at a under Indiana Code 25-6.1, after advertising the property for sale, in accordance with Indiana Code 5-3-1. ADOPTED this 15th day of May, 1989. BOARD OF PUBLIC WORKS s/John E. Leszczynski s/Patricia E. DeClercq s/Katherine Humphreys ATTEST: s/Sandra M. Parmerlee, Clerk RESOLUTION ). 18-1989 - APPROVING AN AGREEMENT REGARDING THE SEWAGE WORKS REVENUE BONDS SECOND SERIES, DATED JULY 1, 1971 Mr. John Leisenring, Chief Deputy Controller, was present and advised that the Resolution submitted to the Board today appoints First Interstate Bank to receive and administer the remaining principal and interest on the 1971 Sewage Works Revenue Bonds. The amount to be deposited is $1,281,283.00 which represents principal and interest due on the 1971 issue. He stated that defeasance of the 1971 bond issue will give the 1989 bonds first lien on the sewage utility. Mr. Leisenring further noted that the original amount of the 1971 bond issue which was required for plant expansion was $3,190,000.00. Ms. Katherine Humphreys, City Controller, advised that when the City sold the 1989 bond issue, the bond holders were second lienholders. 1 139 REGULAR MEETING MAY 15, 1989 Defeasance of the 1971 bond issue made the 1989 bonds more marketable and removes the lien from the 1971 bond holders. This is accomplished by puting the money into an escrow fund from which bond holders will be paid. It was noted that there was no provision in the 1971 bond issue to redeem the bonds early and therefore the alternative is to put the money into the escrow account. Therefore, Mrs. DeClercq made a motion that the Resolution No. 18-1989 as submitted today be adopted. Mr. Leszczynski seconded the motion which carried, and the following Resolution was adopted: RESOLUTION NO. 18-1989 RESOLUTION OF THE CITY OF SOUTH BEND BOARD OF PUBLIC WORKS APPROVING AN ESCROW TRUSTEE AGREEMENT REGARDING THE SEWAGE WORKS REVENUE BONDS SECOND SERIES, DATED JULY 1, 1971 WHEREAS, the City of South Bend Board of Public Works (the "Board of Public Works") operates the South Bend Waste Water Treatment Plant (the "Plant") and the City of South Bend Sewage Works (the "Sewage Works") pursuant to IC 36-9-23; and WHEREAS, pursuant to Ordinance No. 5298, adopted by the Common Council of the City (the "Common Council") on May 25, 1971 (the 111971 Bond Ordinance"), the City has heretofore issued its Sewage Works Revenue Bonds, Second Series, dated July 1, 1971 (the 111971 Bonds") in the amount of Three Million One Hundred Ninety Thousand Dollars ($3,190,000), payable solely from the revenues of the Sewage Works including the Plant, and presently outstanding in the amount of One Million Two Hundred Five Thousand Dollars ($1,205,000), maturing annually over a period ending on October 1, 1990 and bearing interest at the per annum rate of 6.10% with respect to the 1971 Bonds maturing on October 1, 1989 and at 6.25% with respect to the 1971 Bonds maturing on October 1, 1990; and WHEREAS, pursuant to Ordinance No. 7951-88 (the 111989 Bond Ordinance"), adopted by the Common Council on December 12, 1988, the City has heretofore issued its City of South Bend, Indiana Sewage Works Revenue Bonds of 1989 (the "Series 1989 Bonds") dated February 1, 1989 in the amount of Nine Million Five Hundred Thousand Dollars ($9,500,.000.00) for the purpose of providing funds necessary to pay a portion of the costs of acquiring and constructing certain improvements to the Plant, together with expenses incidental thereto; and WHEREAS, the 1989 Bond Ordinance provides that when the 1971 Bonds shall have matured and all principal and interest payments on said 1971 Bonds have been made, or funds in an amount sufficient to pay when due at maturity the principal of all the 1971 Bonds then outstanding, together with the interest thereon to the date of maturity thereof (the "Defeasance Amount") have been deposited with a financial institution appointed by the City as escrow trustee for purposes of holding the Defeasance Amount in trust for the holders of the 1971 Bonds and making, when due, all required principal and interest payments on said 1971 Bonds, the provisions of Section 12 and 13 of the 1989 Bond Ordinance shall no longer be applicable to the Series 1989 Bonds and the provisions of Sections 14 and 15 of the 1989 Bond Ordinance shall be applicable and in full force and effect for the Series 1989 Bonds and any additional bonds issued pursuant to the provisions of the 1989 Bond Ordinance; and 140 REGULAR MEETING MAY 15, 1989 WHEREAS, the City desires to appoint First Interstate Bank of Northern Indiana, N.A., South Bend, Indiana (the "Bank"), to act as escrow trustee and to deposit the Defeasance Amount with the Bank as escrow trustee for the payment of principal and interest on the 1971 Bonds as they come due; and WHEREAS, a proposed Escrow Trustee Agreement has been filed with the Board of Public Works for its approval, a copy of which is attached hereto and marked as Exhibit "A". NOW THEREFORE BE IT RESOLVED, by the Board of Public Works as follows: 1. The Bank is hereby appointed as escrow trustee for the proposed Escrow Trustee Agreement. 2. The proposed Escrow Trustee Agreement attached as Exhibit "A" is hereby approved in the form presented to this meeting, with any changes in such Escrow Trustee Agreement to be approved by the Mayor and Clerk of the City, such approval to be conclusively evidenced by their execution of such Escrow Trustee Agreement. 3. The Clerk of the Board of Public Works is directed to present said Escrow Trustee Agreement to the Mayor and City Clerk for their execution. ADOPTED AND APPROVED at a regular meeting of the South Bend Board of Public Works held on the 15th day of May, 1989 at the Board of Public Works Meeting Room, 1300 County -City Building,. South Bend, Indiana 46601. CITY OF SOUTH BEND BOARD OF PUBLIC WORKS By: s/John E. Leszczynski, President s/Patricia E. DeClercq s/S. Katherine Humphreys ATTEST: s/Sandra M. Parmerlee, Clerk APPROVE PURCHASE AGREEMENT - SALE OF CITY -OWNED PROPERTY AT 1210 MC CARTNEY Mr. Leszczynski advised that in accordance with the bid awarded on April 24, 1989, for the purchase of the City -owned lot at 1210 McCartney in the amount of $410.00 to Mr. David M. Golob, 1222 McCartney, South Bend, Indiana, the Purchase Agreement was being submitted at this time for Board approval. Upon a motion made by Mr. Leszczynski, seconded by Ms. Humphreys and carried, the Purchase Agreement was approved and the matter referred to the City Attorney's office for drafting of the appropriate Quit -Claim Deed. APPROVE EASEMENT AGREEMENT - INDIANA MICHIGAN POWER COMPANY Mr. Michael P. Meeks, Director, Division of Engineering, advised that due to the construction that has been taking place on Miami Road, Indiana and Michigan Power Company has had to move some of its power lines. Indiana and Michigan Power Company has now requested an easement on City property in order that they can relocate their poles. It was noted that by the Distribution Easement submitted to the Board today, the City grants to Indiana Michigan Power Company a 135 foot (east and west) by 67 foot (north and south) easement located within a 4.70 acre+ parcel beginning at a point approximately 380 feet south and 30 feet west of the intersection of Ireland Road and Miami Road. 1 1 1 141 REGULAR MEETING MAY 15, 1989 Therefore, upon a motion made by Mrs. DeClercq, seconded by Ms. Humphreys and carried, the Easement was approved and executed. APPROVE CHANGE ORDER NO. 1 - 27TH STREET LIFT STATION PROJECT Mr. Leszczynski advised that Lawson -Fisher Associates, 525 West Washington, South Bend, Indiana and Kaser-Spraker Construction, Inc., 25487 West State Road 2, P.O. Box 3605, South Bend, Indiana, have submitted Change Order No. 1 indicating an increase of $4,648.00 to the total for the above referred to project. Mr. Leszczynski noted that this increase if for the installation of a controller and an 8-foot diameter station in lieu of the 7-foot station originally specified. Therefore, upon a motion made by Mr. Leszczynski, seconded by Ms. Humphreys and carried, Change Order No. 1 as submitted was approved and executed. AWARD BIDS - CHEMICAL - BUREAU OF WASTEWATER In a letter to the Board, Mr. Karl R. Kopec, Manager of Operations, Bureau of Wastewater, advised that based on the chemical bids that were received on May 1, 1989, it is recommended that the following low bids be awarded and approved: CARDINAL CHEMICAL CORPORATION DIVISION OF ALEXANDER CHEMICAL CORPORATION P.O. Box 248 Lemont, Illinois Item #1 Liquid Chlorine @ $374.00/Ton - No Deposit K.A. STEEL CHEMICALS, INC. Southgate O'Hare Office Plaza Suite 250 4333 Transworld Road Schiller Park, Illinois 60176 Item #2 Ferric Chloride @ $.0862/lb. ALBRIGHT & WILSON AMERICAS P.O. Box 26229 Richmond, Virginia 23260-6229 Item #3 By -Product Phosphoric Acid @ $.0525/lb. Upon a motion made by Mr. Leszczynski, seconded by Ms. Humphreys and carried, the recommendation was accepted and the bids awarded. DENY REQUESTS TO PURCHASE CITY -OWNED PROPERTY: - 208 CHAPIN STREET - 1629 SOUTH WILLIAM Mr. Leszczynski advised that on April 3, 1989, the Board received a request to purchase the City -owned property at 208 Chapin Street. At that time, the request was referred to various City departments and bureaus for review and recommendation. At this time, all recommendations are in and the Department of Economic Development has advised that the above mentioned property is located within the West Washington Development Area. Therefore, they would prefer to have the City retain ownership until plans are better known since the lot is contiguous to other vacant lots and should be reserved for a potential single development. Mrs. DeClercq made a motion that the recommendation be accepted and the request to purchase be denied for the reason indicated by the Department of Economic Development. Ms. Humphreys seconded the motion which carried. 142 REGULAR MEETING MAY 15, 1989 Additionally, various City departments and bureaus have reviewed the request submitted to the Board on March 13, 1989, to purchase the City -owned property at 1629.South William Street and it is being recommended that the City retain this lot at this time. Therefore, upon a motion made by Mrs. DeClercq, seconded by Ms. Humphreys and carried, the request to purchase this property was denied. APPROVE REQUEST OF ROBERT BLUM LODGE NO. 278, INDEPENDENT ORDER OF ODD FELLOWS, FOR POLICE ESCORT- MAY 21, 1989 In a letter to the Board, Mr. Paul Kunz, Past Grand Master Indiana, Robert Blum Lodge No. 278, 56090 Currant Road, Mishawaka, Indiana, advised that on the third Sunday in May the Independent Order of Odd Fellows holds services at the grave of Schuyler Colfax in the South Bend City Cemetery. Lodge members gather at Lodge #278 located at 1625 North Bendix Drive and proceed in a group to the cemetery. Because a large group is anticipated for this year's ceremony, Mr. Kunz requested a police escort to the cemetery. Mr. Leszczynski advised that the Police Department Traffic Division has reviewed this request and recommends approval. Therefore, upon a motion made by Mrs. DeClercq, seconded by Ms. Humphreys and carried, the recommendation was accepted and the request approved. Mr. Leszczynski advised that Ms. Tessa McGann, 401 North Coquillard, South Bend, Indiana, on behalf of the Coquillard Neighbors, requested permission to close the 400 block of North Coquillard Drive, from Madison to Cedar, on Sunday, May 28, 1989 from 4:00 p.m. to 11:00 p.m, for a neighborhood block party. Upon a motion made by Mr. Leszczynski, seconded by Mrs. DeClercq and carried, the request was referred to the appropriate City departments and bureaus for review and recommendation. APPROVE REQUEST OF ST. JOSEPH COUNTY CHAPTER NATIONAL CHILD SAFETY COUNCIL TO CONDUCT INTERSECTIONS SOLICITATIONS - MAY 20 1989 Mr. Leszczynski advised that the appropriate City departments and bureaus have reviewed the above referred to request which was submitted to the Board on May 8, 1989. Mr. Leszczynski stated that based on that review and subsequent recommendations, all solicitations must be restricted to the sidewalk area as no solicitations in the street are allowed. Therefore, Mrs. DeClercq made a motion that the request be approved subject to the stipulation that the solicitations be conducted on the public sidewalk and that the Clerk be instructed to include that information in the confirming letter to the sponsors of this request as well as advising them that this situation will be monitored and the Board will take that information into account in future requests. Ms. Humphreys seconded the motion which carried. APPROVE REQUEST OF PROGRESSIVE MISSIONARY BAPTIST CHURCH TO CONDUCT WALK-A-THON - JUNE 17 1989 Mr. Leszczynski advised that the appropriate City departments and bureaus have reviewed the above referred to request which was submitted to the Board on May 1, 1989 and approval is recommended. Therefore, Mr. Leszczynski made a motion that the recommendation be accepted and the request be approved. Mrs. DeClercq seconded the motion and it carried. u 143 REGULAR MEETING MAY 15, 1989 APPROVE REQUEST OF INDIANA-MICHIGAN VALVES, INC., TO REMOVE PARKING RESTRICTIONS ON KENMORE STREET IN CONJUNCTION WITH GRAND OPENING OPEN HOUSE -.MAY 24, 1989 Mr. Leszczynski advised that the appropriate City departments and bureaus have reviewed the above referred to request which was submitted to the Board on May 8, 1989, and recommend approval. Therefore, upon a motion made by Mrs. DeClercq, seconded by Mr. Leszczynski and carried, the recommendation was accepted and the request approved. APPROVE TRAFFIC CONTROL DEVICE Upon a motion made by Mr. Leszczynski, seconded by Mrs. DeClercq and carried, the following one (1) traffic control device was approved: 1. NEW INSTALLATION: STOP SIGN - 4-WAY STOP LOCATION: Vine and 20th APPROVE CARNIVAL & CIRCUS LICENSE APPLICATION Mr. Leszczynski advised that the following Carnival & Circus license application has been received: APPLICANT: SOUTH BEND SHRINE CLUB, INC. BY: David Laflin, Circus Chairman DATE: June 2-3, 1989 LOCATION: 4-H Fairgrounds It was noted that this license application has been reviewed by the St. Joseph County Health Department, Area Plan Commission, Department of Public Works and the Police Department Traffic Division and has been recommended for approval. It was further noted that on February 23, 1989, the Board of Zoning Appeals approved the use of the 4-H Fairgrounds for the circus. Therefore, upon a motion made by Mrs. DeClercq, seconded by Ms. Humphreys and carried, the license application as submitted was approved. APPROVE LICENSE APPLICATION - SECONDHAND DEALER Mr. Leszczynski advised that the following one (1) secondhand dealers license application has been received: NAME: CLASSIC BOUTIQUE BY: Ethel Anderson ADDRESS: 2518 West Western Avenue FOR THE PURPOSE OF SELLING: Used Furniture Mr. Leszczynski further advised that favorable recommendations have been received from the Bureau of Traffic and Lighting, Department of Code Enforcement, Police Department and Fire Department on the above application. Upon a motion made by Mrs. DeClercq, seconded by Ms. Humphreys and carried, the above license application was approved and referred to the Deputy Controller's office for issuance of license. APPROVE RELEASE OF CONTRACTOR'S BOND Mr. Leszczynski advised that Mr. Michael P. Meeks, Director, Division of Engineering, has recommended that the Contractor's Bond of Alfred C. Shambery be released effective May 9, 1989. Therefore, upon a motion made by Mr. Leszczynski, seconded by Mrs. DeClercq and carried, the recommendation was accepted and the bond released. W REGULAR MEETING MAY 15, 1989 FILING OF ENVIRONMENTAL CLEAN-UP OF LOTS REPORT A report from the Department of Code Enforcement indicating a total of thirty-one (31) properties cleaned from May 1, 1989 to May 5, 1989, was submitted. Upon a motion made by Mrs. DeClercq, seconded by Mr. Leszczynski and carried, the report as submitted was filed. APPROVE CLAIMS Mr. Juan Manigault, Executive Director, St. Joseph County Job Training Program, submitted a list containing ninety-nine (99) claims and recommended approval. Upon a motion made by Mrs. DeClercq, seconded by Mr. Leszczynski and carried, the claims were approved and the report as submitted was filed. ADJOURNMENT There being motion made carried, the no further business to come before the Board, upon a by Mr. Leszczynski, seconded by Mrs. DeClercq and meeting adjourned at 9:55 a.m. n E. Leszcz Patricia E. DeClercq ATTEST: 2 Sandra M. Parmerlee, Clerk 1 1 E