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Board of Trustees Minutes 09 15 2003
A Regular Meeting of the Board of Trustees of the Village of Croton-on-Hudson, NY was held on Wednesday, September 15, 2003 at the Municipal Building, Van Wyck Street, Croton-on-Hudson, NY 10520.

The following officials were present:

        Trustee Grant                   Trustee Schmidt
        Trustee McCarthy                Trustee Wiegman
           Village Attorney Waldman    Treasurer Reardon
        Manager Herbek

        Absent: Mayor Elliott, Treasurer Reardon
        Late: Trustee McCarthy (8:14pm)


Deputy Mayor Grant called the meeting to order at 8:00 PM.  Everyone joined in the Pledge of Allegiance.  
On a motion by Trustee Schmidt, seconded by Trustee Wiegman, the  vouchers were approved unanimously as follows, subject to review by the Audit Committee

        General Fund            $ 47,466.82
        Water Fund                      458.13
        Capital Fund                  17,951.47
        Trust & Agency    127,844.06
        Total                           $193,720.48


Manager Herbek introduced the presentation by reading the letter from the club requesting this appearance.   John Lerner, Vice President of the Club provided a handout for the Trustees and introduced the Club President, Jerry Raddis. Mr. Raddis spoke about the history of the club. The club started flying at Croton Point in the 70’s  in the area of current campground and cabins –  the southern part.  In 1979 they began flying on the main landfill while the County was still utilizing the landfill. This continued up until 1983-84 when the County decided to recap the landfill. The club was relocated by the County to the Railroad 1 Landfill - the smaller landfill with the idea that they would stay there until the main landfill was recapped then would move back to that spot.  At that time the only other airplane club facility in the County was in Somers and the property was sold to IBM.  The County of Westchester Board of Legislators adopted a resolution permitting the club to operate from the smaller landfill.  About that time, Half Moon Bay petitioned the County to do something to mitigate the impacts of the club flying over or near the development.  The club wanted to go back to original space on the main landfill, but the County said no and restricted the hours of operation and imposed reduced noise levels on the planes; they continued at the temporary site.  About 3 years, the recap of the Railroad 1 landfill was planned by the County.  Since the club would have to be moved, the Club asked to go back to their original site.  The County shut them down temporarily for the recapping and said they could go back to that site when the recapping was complete. The Club feels that going back to this site is not in the best interests of the Discovery Cove people, Half Moon Bay, the Village and the Club. There are 150-200 members; restricted to County residents.  The want to be good neighbors; just looking for a solution.  Deputy Mayor Grant asked about their current status with Westchester County.  Mr. Raddis stated the as soon as the ongoing recapping project is finished, the County has the money allocated to put the model airplane club back at the railroad 1 Site.  Trustee Wiegman inquired as to when the County passed the resolution to supply a field for the residents of Westchester; it was 1976. He asked what the allocated money was to be used for; the construction associated with paving runways, etc. are born by the County.  (Trustee McCarthy arrived at this time).  Trustee Wiegman says it appears that the County has committed to providing this field, the question is where. He asked Mr. Raddis to explain the ecology section of the handout provided. Mr. Lerner said that a question had been raised by the Village committees about affects on habitats; the handout provides documentation from many sources, including other clubs that there is no harmful effect.  There were no eagles, herons, and osprey when they started; they are there now.  Trustee Schmidt asked for more explanation of why they wish to go back to original site; they responded that they wanted to avoid bothering residents at Discovery Cove, and there are more boats, more ball field use, etc.  Deputy Mayor Grant asked why the four other airfields closed; commercialization, land sale for development.  There is a Putnam County field in Mahopac.  Deputy Mayor Grant said noise is a concern because there is already a Metro North noise problem. Mr. Raddis stated that the club adopted the sound standard that is now the National code for all model airplanes.  They take decibel tests; each airplane has to be sound tested before it can fly from their airfield.  Also the size of the planes is restricted.  Trustee Schmidt asked about the hours; M and F until 5pm; T/ TH until dusk, weekend daytimes.  Trustee McCarthy asked for the handout to be referred to the CAC. Mr. Raddis stated that the club doesn’t want to go back to the current area and then have problems. Manager Herbek said his conversation with Joe Stout led him to believe that it wasn’t necessarily going to be at either spot. Trustee Wiegman asked how many planes are flying;  only can fly 5 at a time, mostly there are only 4; up to18 might be at the field but only 4-5 flying at a time. Trustee Wiegman asked if the original site accommodate more planes;  No.  Mr. Raddis said the benefits are mainly that there would be no other people there who can get annoyed by the flying.  From a flying point of view, Railroad 1 is a better flying site.  

Darryl Walsh – 713 Half Moon Bay Dr., President of the HMB Home Owners Assoc.  He doesn’t see why Half Moon Bay would oppose the Club moving back to their original site.  

Tara McCann, 1807 HMB Dr (Discovery Cove).  She feels this club is looking out for their (HMB’s) interests by moving it to the previous site at the larger landfill.
Mr. Raddis further commented that at the time of the original move to Railroad 1, they looked for other sites in the County – no others were available; cannot fly facing south so the orientation of the site is a critical factor, need an overfly area, not over cars, etc.  This is why Ward Pound Reservation was not acceptable.  These aircraft fly like true aircraft – just smaller; they are faced with the same considerations as they would be at any airport.  Trustee Wiegman said the plan for the recapped area calls for a growing back; is the county committed to a mowing pattern being established there instead of the current regrowth plan? Mr. Raddis said the club has a paved runway – no stakes, mow around the edges, no other interferences.

Charles Mascerry, owner of HMB and Discovery Cove marina pieces.  He is happy to know there is another place they want to go to. Their noise levels may be low, but it is the frequencies they operate at that offend people.  Sometimes they run out of gas and crash so there are safety issues as well.
Mr. Raddis said they do not run on gas;  run on alcohol and caster oil.  Gas engines not allowed at the club site.  Manager Herbek asked Darryl Walsh to send a letter on behalf of the HMB Home Owners Association.


a. David Goldman, 76 Young Ave. (by email) re: Metro Enviro.  Mr. Goldman states he has read the Mack 2 report and, in his opinion, it vindicates the Village’s action in denying their Special Permit renewal.
b. Mark Mannix, Director, Government and Community Relations, Metro-North Railroad, re: the new South Yard.  Mr. Mannix apprises the Board that the switchover to the use of the new South Yard was scheduled to occur on September 11.  He will arrange a site visit for Board members in the near future.

Discussion:  Trustee Schmidt asked to get a copy from Metro North of the EPA study on their new engines. Manager Herbek thinks he has one and will get it to him.  Deputy Mayor Grant asked that the letter be passed on to Concerned Citizens group that has been addressing the noise issue at Metro North.

c. Kathy Mendez, 17 Terrace Place, re: Block Party.  Ms. Mendez requested permission to hold a block party on October 26th from 1-6.  There was unanimous approval for this.


Richard Pellicci, Radnor Ave., re Metro Enviro.  Is anyone monitoring Metro Enviro now in any capacity?  He saw several trucks lined up waiting to enter. Manager Herbek agreed there are trucks queuing up waiting to get to the scale house.  Trustee McCarthy said we knew that this might happen but Metro Enviro was supposed to take certain actions to control it. Manager Herbek said the Village is monitoring it; they did a monthly inspection just a week ago; either Dan O’Connor or Joe Sperber do this; he goes down occasionally as well.  Trucks queuing up is not a violation of their permit, but if they back up to hold up traffic on Croton Point Ave., then we need to look at it.  Attorney Waldman recalled that the discussion was to the point that the trucks do not spill over onto the public road; he will go back to the permit to review it.  Manager Herbek said the police are also doing random inspections for licensing purposes.  Trustee McCarthy asked if inspection reports are being filled out; Manager Herbek said he thinks so.  Trustee Schmidt said he wants to come up with some ongoing monitoring. Manager Herbek stated there is a NYSDEC monitor who is assigned to this facility.  Trustee McCarthy said she had expressed serious concerns about the manner in which the Village was monitoring Metro Enviro, especially the people who are doing it; wants the Board to reconsider hiring a monitor; history has shown that we are not capable of doing on this an ongoing basis.  Deputy Mayor Grant suggested a work session item on this.  Trustee Schmidt suggested that the DEC monitor be invited to it. Deputy Mayor Grant said we also need to check with our counsel at Arnold and Porter.  Mr.Pellicci asked people to stop throwing eggs at his and Ms. Cudequest’s house. Deputy Mayor Grant asked if he had reported this to the police; he said no.

Maria Cudequest, 84 Grand St.  She reviewed a news article about traffic queuing problems in Mt. Kisco. She is glad village got the deposition documents and placed them in the library.. People should know that FOIL requests themselves are subject to FOIL requests.  All we knew before about Metro Enviro has been confirmed since.  As her group, CCC1, reviews the documents they continue see the magnitude of Village mistakes in the monitoring. Metro Enviro counted on the Village to make mistakes.  Resolutions to hire an outside monitor have been defeated by the same people who voted to approve the permit. Metro Enviro was/is a danger to this Village. Everything that is positive about Croton is put at risk by Metro Enviro’s presence.  She will continue to bring these items to their attention.  Ms. Cudequest stated that  in an unsigned email communication to many residents of the Village,  the people who attend board meetings are characterized as naysayers; the author(s) of this email should identify themselves.   Further on the Metro Enviro review of documents -  Allied purchased only the Metro Enviro business and has a lease agreement with the land owner, Greentree LLC. They have found that in preparing to purchase Metro Enviro, Allied had proposed an aggregate sum of 13 million with a 2.5 million hold back sum if the volumes anticipated did not materialize.  She provided a copy of the documentation to the Board, but will save other pieces of information for the next meeting.  Metro Enviro is still only paying $28,000 in taxes to the Village. Ms. Cudequest asked if our brief is due in court tomorrow. Trustee McCarthy said it will be filed today or tomorrow.  Can it be on the web site. Attorney Waldman doesn’t see an objection but would check with Michael Gerrard, special counsel on this matter. Trustee Schmidt asked Manager Herbek if the Village was checking time stamp sheets. – not just the summary; yes.  Ms. Cudequest suggested making copies of the top sheet and bottom.  She asked about the status of the leaf-bagging machine for Village leaves; Fall is approaching;  has the machine been fixed.  Manager Herbek said it was fixed but the Village will probably discontinue this program and will likely make other arrangements for this year.  He has recommended discontinuing this process until we have a better location for the composting site because there are other things that people want to have happen at Croton Landing and there have been complaints about how it looks.  He stated that the intent of the Village is to create a lawn there for use by soccer and other ball sports; he doesn’t know where the composting could go. Ms. Cudequest said the Village should do everything to ensure that Allied and its related subsidiaries are not the recipients of the any arrangement for the removal of leaves. Trustee Schmidt said people should start composting leaves at home.

Tom Brennan, 121 N. Riverside.  He said thanks to Deputy Mayor Grant for her help in urging the clean up of the concrete pieces at the Skatepark site.  He took the time to go to the library and review some of the Metro Enviro depositions documents; he gets questions all the time from residents about Metro Enviro; feels many people will not go and read he did it.  Mr. Brennan read out loud some excerpts from the depositions from Mr. DelVecchio, the site manager.  These excerpts are Mr. DelVecchio basically telling Mr. Mack that the Village and DEC monitors were not looking very thoroughly at the operation; were only concerned with the totals at the end of the day. He said he will continue to fight for a monitor picked by us and paid by them; don’t let this happen anymore.

Don Daubney, 45 Bungalow Rd.  The Metro Enviro people must have must have been very happy when the Mayor appointed his Citizens Committee.  On the subject of trees in the Village that may need trimming or taking down, he saw a large dead branch on the ground and a large dead tree at a playground he was at. The Village should take it seriously as a child safety issue. He is sure the situation exists in other places.  Manager Herbek said it is being taken seriously and was raised at the morning-after staff meeting when Mr. Daubney last spoke; ge gave a direct order to the Parks. Dept. to evaluate all the trees in the parks.  Mr. Daubney stated he thinks the Village should hire an Arborist to do this evaluation; the Village trees should be surveyed and categorized by a professional arborist.  Will the Parks Dept. look at sites around playgrounds that are not actually on Village property?  Trustee McCarthy thinks he is correct; the Village Board should give direction to the staff on this.  Trustee Schmidt said other municipalities are already doing this – looking at trees that belong to the municipality; need to be proactive about this.  Trustee Wiegman would defer to the Parks. Dept. to look at the most obvious cases; we cannot go on private property; we do not have an endless budget. Trustee McCarthy said this is a health and safety issue.  Deputy Mayor Grant suggested that we think about this issue at the next budget time. Trustee McCarthy said this is what the contingency budget is for.  Department heads should be held accountable for overages in their Departments. Trustee Schmdit stated this needs attention now since some trees have fallen. Mr. Daubney said health and safety must be first importance,  more so than neatening up the compost area near the river.  The composting machine cost $18,000 – the Village is not well served if we abandon it at this time.  Mr. Daubney inquired if there has been an evaluation of how the skatepark is doing revenue wise.  Trustee Schmidt said he asked the Recreation Advisory Committee but they haven’t done it yet.  Trustee McCarthy asked if there was any correlation between the increase in non-resident fees and the decrease in attendance. Mr. Daubney asked if there is any compost available now for residents? Manager Herbek said yes, since last week; he will try to move some of the piles closer to the fence.

a.      Authorizing Village Manager to sign the Service Award Program Establishment Services Agreement with PENFLEX in the amount of $3,500.
        On motion of  TRUSTEE Wiegman,  seconded by  TRUSTEE Schmidt,  the  
following resolution was adopted unanimously by the Board of Trustees of the Village of Croton-on-Hudson, New York:  

WHEREAS, the provisions of Article 11-A of the General Municipal Law authorize municipalities and special districts to establish a service award program for volunteer recruitment and retention; and

WHEREAS, the Croton Volunteer Fire Department notified the Village in December of 2002 that they were actively pursuing the intentions of creating such a service award program for their members; and

WHEREAS, the Croton Volunteer Fire Department has had a number of work sessions with the Board of Trustees since December of 2002; and

WHEREAS, the Croton Volunteer Fire Department is recommending that the Village enter into an agreement with PENFLEX, Inc., to assist the Village in establishing a Service Award Program for the Croton Volunteer Fire Department in accordance with the proposed Service Award Program Establishment Services Agreement; and

WHEREAS, the Board of Trustees is interested in continuing to evaluate the establishment of such a service award program and feels that it will be extremely helpful to engage PENFLEX, Inc., to coordinate and assist the Village in the evaluation of such a program,

NOW THEREFORE BE IT RESOLVED: that the Village Manager is hereby authorized to sign the Service Award Program Establishment Services Agreement for a fee of $3,500.00 in accordance with the provisions of the agreement.

b. Authorizing the Village Manager to award bid to Acocella Contrcting for the  sidewalk improvement program.

On motion of  TRUSTEE_Schmidt,  seconded by  TRUSTEE McCarthy,  the  
following resolution was adopted by the Board of Trustees of the Village of Croton-on-Hudson, New York by a 3-1-0 vote with Deputy Mayor Grant voting no.

WHEREAS, Local Law No. 1 of 2000 established a sidewalk improvement program; and

WHEREAS, the contract with the previous contractor for this project expired in August 2003; and

WHEREAS, this project was bid again and three bid proposals were received; and

WHEREAS, the lowest proposal was from Acocella Contracting, Inc. for $172,625.00; and

WHEREAS, the Village Engineer recommends awarding the contract to Acocella Contracting, Inc,

NOW THEREFORE BE IT RESOLVED: that the Village Manager is hereby authorized to award the contract to Acocella Contracting, Inc., for the amount of $172,625.00

AND BE IT FURTHER RESOLVED: that this amount should be charged to capital account #3-5110-200-0304-0103.

Discussion:  Trustee Schmidt asked if the storage issue been resolved?  Manager Herbek said all the bids require the Village to establish a staging area. Deputy Mayor Grant stated that the stone crusher last week created a large amount of dust; we don’t let Metro Enviro do it, so we shouldn’t do it ourselves. She recommended increasing the amount of the contract to cover what it would take to remove it. Trustee McCarthy suggested it could be handled with a change order; if Acocella comes back with an agreeable price then ok, otherwise it would come back to Board.  Manager Herbek said he is also working on getting rid of the pile of trunks, branches, etc.; there won’t be much left at that site; also the crushed concrete is valuable for use by the Village.  Trustee Schmidt suggested the area near the salt shed area at the train station.

c. Authorizing the Village Manager to award bid to Acocella Contracting for the asphalt concrete in place program.

On motion of  TRUSTEE Schmidt,  seconded by  TRUSTEE Wiegman,  the  
following resolution was adopted unanimously by the Board of Trustees of the Village of Croton-on-Hudson, New York:  

WHEREAS, the Village desires to repave various streets in the Village as well as the train station parking lot, boat launch parking area andn silver late parking area; and

WHEREAS, the Village received 2 proposals for this project; and

WHEREAS, Acocella Contracting submitted the lowest bid at $112,440.00; and

WHEREAS, the Superintendent of Public Works recommends awarding the contract to Acoccella Contracting; and

NOW THEREFORE BE IT RESOLVED: that the Village Manager is hereby authorized to award the contract to Acocella Contracting for the asphalt concrete in place project for their bid price of $112,440.00

AND BE IT FURTHER RESOLVED:  that this amount should be charged to:

Streets                         03-5110-200-0102-58             $57,610
Train Station Parking Lot       01-5650-0400                    $  9,240
Boat Launch Parking Area        01-7140-0414                    $ 27,550
Silver Lake Parking Area        03-7140-200-0304-108    $ 18,040

Discussion: Trustee Schmidt asked  where the plan for the boat launch parking area paving came from.  Manager Herbek said that it was included because the Village has been unable to maintain it with just Item 4.  Trustee Wiegman stated there are large potholes now and it’s a very tough drive; this will make it more permanent and maintainable. Manager Herbek said it will be just a single strip of pavement; also some materials are stored there now but he doesn’t want to start storing trees and limbs there; we need to create a better way to get to the boat launch.  Deputy Mayor Grant if the Silver Lake parking area is being expanded; no.

d. Budget Modification, re: Fly Car Expense.

On motion of TRUSTEE Schmidt, seconded by TRUSTEE McCarthy, the  following resolution was adopted unanimously by the Board of Trustees of the Village of Croton-on-Hudson, New York:

Whereas, the Treasurer of Village of Croton on Hudson wishes to cover unexpected increases in the cost of the Fly Car services that have been provided by the Ossining Volunteer Ambulance Corp. for fiscal 2003-2004; and

Whereas, OVAC requires $60,000 for this year’s service from an appropriation that was budgeted for $35,000; and

Whereas, funds exist in the contingent account ( 1990.400) sufficient to cover this increase

Now Therefore Be It Resolved, that the Village Treasurer amend the 2003-2004 General fund budget to cover said increase from the Contingent account to the Fire department Fly Car appropriation.

1. Increase     001 3410.0402 by        $25,000.00  ( Fly Car Expense )
2. Decrease   001-1990.0400  by $25,000.00  ( Contingent Account )

e. Calling for Public Hearing on October 7, 2003 to consider Local Law Introductory No. 4 of 2003, a local law amending Chapter 122 on Fees.

        On motion of TRUSTEE Wiegman, seconded by  TRUSTEE Schmidt,  the  
following resolution was adopted unanimously the Board of Trustees of the Village of Croton-on-Hudson, New York:  

WHEREAS, the Village Board is considering the adoption of Local Law Introductory No. 4 of 2003, a local law amending the chapter on fees,

NOW THEREFORE BE IT RESOLVED: that the Village Board of Trustees hereby calls for a Public Hearing on October 7, 2003 at 8pm in the Stanley H. Kellerhouse Municipal Building to consider the adoption of Local Law Introductory No. 4 of 2003, a local law amending the chapter on Fees.  

f. Authorizing the Village Manager to sign an agreement with Commercial Instruments & Alarm System for the installation and rental of a fire alarm system in the Municipal Building.

        On motion of  TRUSTEE Wiegman,  seconded by  TRUSTEE Schmidt,  the  
following resolution was adopted by the Board of Trustees of the Village of Croton-on-Hudson, New York on a 3-1-0 vote with Trustee McCarthy voting no.  

WHEREAS, former Fire Inspector Frank Pusatere in October 2002 brought to the Village Manager’s attention the need for an automatic fire/smoke detection system for the Municipal Building; and

WHEREAS, the installation of a fire alarm system for the Municipal Building is considered critical given the age and construction of the building and the vital records that are stored in the Municipal Building ; and

WHEREAS, the staff has been investigating various fire alarm systems over the past six months and has received three proposals for the installation of a fire alarm system which have been evaluated by the Village Engineer, Superintendent of Public Works and former Fire Inspector; and

WHEREAS, these proposals have been discussed with the Village Board and it is the consensus of the staff and the Board to have the installation completed by Commercial Instruments & Alarm System of Poughkeepsie, New York on a rental basis for an installation fee of $12,840.00 and a monthly rental fee with monitoring for $674.00 per month; and

NOW THEREFORE BE IT RESOLVED: that the Village Manager is hereby authorized to enter into an agreement with Commercial Instruments & Alarm System of Poughkeepsie, New York for the installation of a fire alarm system on a rental basis for an installation fee of $12,840.00 and a monthly rental fee with monitoring of $674.00 per month; and

BE IT FURTHER RESOLVED: that the Village Treasurer amend the 2003-2004 General fund budget to cover this installation from the Contingent account to the Buildings account appropriation.

1. Increase     001 1620.0460 by        $17,000.00  ( Buildings & Grounds )
2. Decrease   001-1990.0400  by $17,000.00  ( Contingent Account )

Discussion: Trustee McCarthy finds it interesting that the Board is going into the Contingency fund to pay for this. She is displeased by the manner in which this has been handled by this administration; the Village has not handled it in the best way; not the best deal for the Village.  


On a motion by Trustee  McCarthy, seconded by Trustee Schmidt, the minutes of the Meeting of September 2, 2003 were unanimously approved as amended.


Manager Herbek:  Mr. Herbek commented on Water Foreman Tom Brann’s memo regarding brown water problems in the Harmon area; a good summary of the problem.  He read it aloud and will put it on the website as well.  Deputy Mayor Grant reminded everyone that it is a problem that cannot be corrected overnight, but setting a master plan in place with realistic goals is a good step.  Trustee McCarthy stated that the Village has not moved fast enough given the fact that we have a Water Fund surplus; didn’t handle this well – she apologizes to the Village.  She said the Village needs to get a quote on  chemical coating as well.  Trustee Schmidt said he would like to see Dvirka and Bartilucci move faster on this to get it going; will repaving of streets be done after this work; if Con Ed intends to do anything in these areas, they should do it now.

On parking restrictions at the Van Wyck shopping center, he will be enacting a 2 hour parking restriction at this site (both VW1 and VW2); he will be meeting with Croton Commons management to try to arrange the same thing there; he intends to proceed with this.  The employee numbers at VW1 is 52 and 15 for VW2, but not all there at the same time.  15 spots will be established in the VW1 site for employees. Trustee McCarthy said we need to know the number of employees by blocks of time. Manager Herbek said he can get that information for some businesses but not all.

There is a Work session on Wednesday 9/18 with Tony Conetta of Dvirka and Bartilucci.  Hurricane Isabel – we will be ready if it hits; having a staff meeting tomorrow morning on storm preparations.

High Holy Days at Temple Israel – he has prepared a report on a plan to get residents in and out.

Trustee Wiegman: Hudson River Valley Greenway is having a meeting in White Plains on Trail systems on October 15th.  Manager Herbek said the Village will be attending the meeting. .

Trustee McCarthy:  She asked about the dredging material from the Duck Pond at Croton Landing. Manager Herbek said it is not that good for the field development; not very porous so he is trying to find other places for it and has sold some; the CAC also does not feel it is a good material to use.

She informed the Board that she is selling her house due to the Special Education needs of her son Mark. He is in 2nd grade and is bussed out of district.  It is important for him to make friends and participate in school activities. Being bussed out of district can be a lonely life for a child.  They have found that their needs can be met in another district.  It was a difficult decision to make and she and her husband are sad about this.  She will finish her term as she intends to maintain her residence in Croton until the end of her term.

Trustee Schmidt: The Hudson River Valley Ramble is this weekend, listings in the Half Moon Press.  Here in Croton there will be a walk at the Arboretum on Sunday  – one mile walk at 1 pm.  Also this weekend is the Rotary Auto Show at the train station – a fund-raiser which supports Rotary activities throughout the year.

Deputy Mayor Grant: The Fire Dept annual inspection was yesterday.  They do themselves proud; take a lot of pride in what they do and how they do it.

On a motion by Trustee Schmidt, seconded by Trustee Wiegman, the Board voted unanimously to adjourn.

Respectfully submitted
Ann H. Gallelli, Secretary

Village Clerk