MINUTES OF REGULAR MEETING OF the BOARD OF COUNTY COMMISSIONERS
TUESDAY – march 21, 1972
A regular meeting of the Board of County Commissioners of Lake County, Florida was held Tuesday, March 21, 1972, in the Commissioners’ Room in the Courthouse, Tavares, Florida, at 9:00 a.m. with the following members present: Thomas J. Windram, Chairman; James R. Carson, Jr.; C. A. Deems; J. M. Hoskinson; and Kenneth VanAuken. Others present were: Frank E. Owens, Clerk of Circuit Court; and Norma H. Coven, Deputy Clerk.
The meeting was called to order by the Chairman and the invocation was given by Mr. VanAuken, and the Pledge of Allegiance to the Flag was recited.
public health
Commr. VanAuken informed the Board the new dujp-all has been installed at Paisley and some of the residents are using it and some are not. Have informed the Engineer and he will post signs instructing the public to use the vessel.
water pollution
Commr. Hoskinson discussed the Oklawaha River Basin Improvement study which is spearheaded by Congressmen Lou Frey and Bill Chappell. He explained there will be four counties involved, plus eight cities, four state agencies, and two private organizations. The assessment will be based on the number of miles lying within the Basin, and consequently Lake County will be paying more than the other counties. The cities in the County will also be paying more than the others and feel Lake County should have more voice than one vote. Chairman Windram said the cities have little information on this and feel we should get their opinions and thoughts before serious consideration is given the study, and he volunteered to contact the cities and to advise Congressman Frey of this.
During this discussion Christopher C. Ford, Attorney, and Fred M. Harpster, Engineer, joined the meeting.
county property
Fred Stover, Mayor of the City of Tavares, appeared and requested a long term lease with the County for the purpose of establishing a police pistol range on county property near the Ag Center. If the request is granted, an easement will be necessary from the county road to the range. Commr. Carson said because of the residents in the area, feel further consideration is needed. The Board members concurring, the Chairman instructed the Engineer to go over the County land inventory in an attempt to find a better location for the range.
funds – transfer
On request of Sheriff McCall and on motion of Commr. Carson, seconded by Commr. VanAuken and carried, the following transfers were approved:
From Acct. #94196 Sheriff’s Contingency $4,000.00
From Acct. #90196 Fine & Forfeiture Fund $20,000.00 to Expenses Other than Salaries; said transfers being necessary due to increased expenses to operate his department.
juvenile
Chairman Windram submitted a report of inspection of the Juvenile Shelter by the State Division of Youth Services and said he will ask the Board of Visitors to make recommendations concerning the items that do not meet the State’s standards.
licenses and permits
Mr. J. Patrick Michaels representing TM Communications appeared with reference to an extension of license agreement for furnishing cable television in South Lake County. On recommendation of the Attorney and on motion of Commr. Deems, seconded by Commr. Carson and carried, the Board agreed to an extension of 12 months and to accept the sum of $1,000.00 for this privilege, and the company will furnish Lake County certificates of insurance in the amount of not less than $1,000,000 for liability coverage.
resolutions not classified elsewhere
Mr. Charles Roe representing the Lake County Conservation Council was present and submitted for the Board’s approval a resolution encouraging the gifts of wetlands to Lake County which are vital to the ecology and assuring the donors that the lands will be held in perpetuity. This was referred to the County Attorney and the Pollution Control Officer for recommendations.
roads – state and county
Chairman Windram presented notices from the DOT that bids will be received in Tallahassee on SR 25 from Colfax St. in Leesburg to Sunshine Ave.; and on intersection improvement at SR 500 and SR 25; and on Monte Vista Canal Bridge (Bronson Road).
road materials
The Chairman informed the Board he has been informed that Harcore, Inc. of Findley, Ohio, is utilizing their plastic pipe products in all counties in the State except Lake and Alachua because of objections from the local health departments. Commr. Deems recommended that the State Health Department be contacted regarding this.
recess and reassembly
The meeting recessed for lunch at 11:50 a.m. and reconvened at 1:30 p.m. to take up the remaining items of business.
roads – county
Robert Cyrus, Attorney, appeared and presented a Petition for Rescission of Resolution adopted by the Board on April 20, 1970, establishing by prescription a certain public road. Mr. Cyrus said the request is made because the description of the road in the resolution is incorrect, the need for the road is within days of disappearing and the road has been closed for some time. Mr. Cyrus further explained that the persons signing the affidavits were personally served by the Sheriff of the intent to apply to the Board to rescind the resolution, and they have not come forward to object.
On recommendation of the County Attorney that the new owner file an affidavit stating there is no public need for the road as he is the sole owner of the property located on both sides of the described centerline. On motion of Commr. Deems, seconded by Commr. Carson and carried, a resolution was adopted rescinding a resolution adopted on April 20, 1970, appearing in County Commissioners’ Minute Book 22, Page 75, and Official Record Book 403, Pages 712 and 713, Public Records of Lake County, said resolution established by prescription a public road with the following described center line:
Commence at the Northeast corner of Section 20 and Township 19 S, Range 24 East (said point being the West of County maintained Road #1-4905) thence run West 1320 ft., more or less, to the NE corner of the Northwest ¼ of the Northeast ¼ or said Section 20, Township 19 South, Range 24 East and end of this centerline.
tax assessments
Chairman Windram said he was contacted by the son of residents of Mount Dora that his parents are in a nursing home and he has moved into the home and been denied homestead exemption by the Assessor, and he asked the County Attorney to advise him what recourse he has to oppose the denial.
county property
The Attorney was instructed to determine if the County has over dug a clay pit located behind the Leesburg MVI station onto property belonging to Bronson, Gibson, and Marshall.
road & bridge department
The Engineer was instructed to replace road signs for the Town of Montverde and the Town will reset the signs in cement.
planning and zoning
Mr. Watkins advised the attorneys for Aldersgate Foundation, Inc. have executed Conditional Use Permit 314-2 and deleted the paragraph pertaining to the performance bond. The Clerk was instructed to notify the Attorney the Conditional Use Permit cannot be made a matter of record and in full force and effect until such time as all requirements of the Conditional Use Permit are met.
It now being the time advertised to consider applications for changes to zoning classifications, and on recommendation of the Planning and Zoning Commission and on motion of Commr. Carson, seconded by Commr. Hoskinson and carried, a resolution was adopted altering and amending the zoning rules and regulations as they pertain to the following described tracts of land to the classifications designated after each description:
Public Hearing 15-72-3
Legal Description:
Sec. 5, Twp. 21S, Rge. 26E. Government Lot 3 E. of SR 561, Government Lot 2 W. of RR.
Change in Zoning Classification: The Zoning Classification was A (Agriculture) and is hereby changed to M-1 (Heavy Industrial District).
Public Hearing 16-72-5
Legal Description:
Sec. 24, Twp. 18S, Rge. 26E. Umatilla Turpentine Company Subdivision as recorded in Plat Book 10, Pg. 62, Public Records of Lake County, Florida.
Change in Zoning Classification: The Zoning Classification was C-1 (Rural or Tourist Commercial District) and R-1-7 (Urban Residential District) and is hereby changed to R-1-5 (Mobile or Mixed Residential District).
Public Hearing 21-72-5
Legal Description:
Sec. 35, Twp. 18S, Rge. 26E. NW ¼ of the NE ¼.
Change in Zoning Classification: The Zoning Classification was R-1-7 (Urban Residential District) and is hereby changed to R-1-5 (Mobile or Mixed Residential District).
Public Hearing 23-72-5
Legal Description:
Sec. 32, Twp. 18S, Rge. 26E. Beg. at NE corner of Sec. run S. 436 ft. for POB, W. 800 ft., N. 436 ft., W. 58 ft., S. 660 ft., W. 132 ft., S. 310 ft., W. 330 ft., S. to point 100 ft., N. of RR, E. 150 ft., S. to RR, NE’ly along RR to point S. of POB, N. to POB.
Change in Zoning Classification: The Zoning Classification was A (Agriculture District) and is hereby changed to RR (Rural Residential District).
Public Hearing 18-72-5
Legal Description:
Sec. 14, Twp. 18S, Rge. 26E. W. 545 ft., of E. 900 ft., of N. 197.9 ft., of NE ¼ of NW ¼.
Sec. 11, Twp. 18S, Rge. 26E. S. 135 ft., of W. 400 ft., of E. 900 ft., of SE ¼ of SW ¼.
Change in Zoning Classification: The Zoning Classification was RR (Rural Residential District) and is hereby changed to A (Agriculture District).
Public Hearing 17-72-3
Legal Description:
Sec. 2, Twp. 22S, Rge. 26E. From a point 20 ft. W. of the NE corner of NW ¼ of NE ¼ run S. 720 ft., thence W. 305 ft., thence N. 87°18’ W. 97ft. to the POB thence continue N. 87°18’ W. 44.5 ft., N. 74°06’ W. 38.3 ft., N. 51°04’30” W. 180.5 ft., N. 27°50’30” W. 87.2 ft., N. 88°25’ W. 41.3 ft., N 56°43’30” W. 182.9 ft., N. 76°07’30” W. 287.6 ft., N. 88°13’ W. 180.7 ft., to W. line of NE ¼, said Sec. 2 thence N. to the NW corner of said NE ¼, thence E. along the N. line of said NE ¼ a distance of 921.5 ft., thence S. 0°09’30” W. 694 ft., more or less to POB. Together with an easement of 20 ft. for road right-of-way across the entire Southerlyn boundary of land described in Official Record Book 391, Page 275.
Change in Zoning Classification: The Zoning Classification was R-1-7 (Urban Residential) and is hereby changed to RA (Ranchette District).
Public Hearing 19-72-3
Legal Description:
Sec. 33, Twp. 22S, Rge. 26E. E ½ of TRACT 33 Postal Colony Company, as recorded in Plat Book 9, Page 65, Public Records of Lake County, Florida.
Sec. 33, Twp. 22S, Rge. 26 E. TRACT 48 Postal Colony Company, as recorded in Plat Book 9, Pg. 65, Public Records of Lake County, Florida.
Change in Zoning Classification: The Zoning Classification was R-1-7 (Urban Residential District) and A (Agriculture District) and is hereby changed to RR (Rural Residential District).
Public Hearing 22-72-5
Legal Description:
Sec. 17, Twp. 17S, Rge. 29E. Lot 10, Blk A, Forest Hill Subdivision as recorded in Plat Book 15, Pg. 5, Public Records of Lake County, Florida.
Change in Zoning Classification: The Zoning Classification was A (Agriculture District) and is hereby changed to C-1 (Rural or Tourist Commercial District).
Public Hearing 24-72-1
Legal Description:
Sec. 12, Twp. 19S, Rge. 25E. Beg. 945 ft., S. and 635 ft., E. of NW corner of Sec, Run E. 135 ft. to Canal. Beg. again at POB, run N. 100 ft., E. 150 ft. to Canal, S. along Canal. Intersect first line.
Change in Zoning Classification: The Zoning Classification was R-1-7 (Urban Residential District) and is hereby changed to R-1-5 (Mobile or Mixed Residential District).
Public Hearing 26-72-3
Legal Description:
Sec. 25, Twp. 21S, Rge. 25E. That portion of the SW ¼ of the SE ¼ lying W. of the ROW of U.S. Highway 27.
Sec. 36, Twp. 21S, Rge. 25E. The N. 300 ft. of the NE ¼ lying W. of the ROW of U.S. Highway 27.
Change in Zoning Classification: The Zoning Classification was RR (Rural Residential District) and is hereby changed to A (Agriculture District).
Public Hearing 28-72-5
Legal Description:
Sec. 14 and 15, Twp. 17S, Rge. 28E. Forestview Subdivision as recorded in Plat Bk. 12, Pg. 32, Public Records of Lake County, Florida. Glenns Addition to Lake Kathryn Heights, Plat Bk. 12, Pg. 4. Replat of Lake Kathryn Heights, Plat Bk. 11, Pg. 98. Lakeview Park, Plat Bk. 5, Pg. 63, Lakeview Park S., Plat Bk. 12, Pg. 18, as recorded in Public Records of Lake County, Florida.
Change in Zoning Classification: The Zoning Classification was A (Agriculture District) and is hereby changed to R-1-5 (Mobile or Mixed Residential District).
Public Hearing 20-72-4
Legal Description:
Sec. 31, Twp. 18S, Rge. 28E. S ½ of the SW ¼.
Sec. 6, Twp. 19S, Rge. 28E. The N. 495 ft. of the N ½ of the NW ¼.
Change in Zoning Classification: The Zoning Classification was A (Agriculture District) and is hereby changed to RA (Ranchette District).
Also included in the above motion was denial of Zoning Case No. 25-72-1, and approval of Conditional Use Permit 358-4 and Conditional Use Permit 359-4.
On recommendation of the Planning and Zoning Commission and on motion of Commr. Deems, seconded by Commr. Carson and carried, Conditional Use Permit 360-3 was postponed until 2:00 p.m. on April 18, 1972; and approved the recommendation to place private club under Section 67.150 of the R-P District (Multiple-Family Residential-Professional) under Conditional Use Permit.
Zoning Case No. 15-72-3 was called for hearing and the Chairman called for interested persons to be heard.
The following persons appeared in opposition to the rezoning:
H. E. Schultz
Mr. Mueller
On motion of Commr. Carson, seconded by Commr. Deems, the Board approved the rezoning from Agriculture to Heavy Industrial District. Motion carried.
Zoning Case No. 27-72-1 was called for hearing and on motion of Commr. Carson, seconded by Commr. Deems and carried, this case was tabled for 90 days and the Planning and Zoning Department was instructed to make a study of the area abutting SR 500 (US 441) from Dead River West to the Leesburg City Limits, ½ mile on each side of the highway, and make recommendations of a plan to zone the area to the best possible use.
Conditional Use Permit 361-3 was called for hearing and no one appeared to object to the permit, a motion was made by Commr. Deems, seconded by Commr. Hoskinson and carried, to approve the permit for a recreational travel trailer park and campground with commercial facilities.
Pursuant to Notices of Violation, the following violations of Ordinance 70-1 and Ordinance 71-6 were heard:
ZV-72-10 – G. L. McComb was present and on motion of Commr. VanAuken, seconded by Commr. Hoskinson and carried, he was declared to be in violation of the ordinances and given 30 days to comply.
ZV-72-12 – Edwin Merritt and Rite W. Hill. On motion of Commr. Deems, seconded by Commr. VanAuken and carried, declared to be in violation of the ordinance and given 30 days to comply.
ZV-72-13 – Harold Holzgrebe. On motion of Commr. Deems, seconded by Commr. Hoskinson and carried, declared to be in violation of the ordinances and given 30 days to comply.
ZV-72-14 – Autrey Ponds was present and on motion of Commr. Deems, seconded by Commr. VanAuken and carried, he was declared to be in violation of the ordinances and given 30 days to comply.
ZV-72-45 – Wendell H. Mohr appeared and on motion of Commr. Hoskinson, seconded by Commr. VanAuken and carried, action was withheld for 60 days pending rezoning application and immediate approval by the Lake County Health Dept.
ZV-71-16 – Noel E. Griffin, Jr. and James N. Bateman – Bateman was present and submitted Building Permit issued 1/7/72. On recommendation of the Chairman and on motion of Commr. Hoskinson, seconded by Commr. VanAuken and carried, this case was postponed until April 18, 1972.
ZV-71-176 – Kenneth E. Oberstadt. On motion of Commr. Carson, seconded by Commr. Hoskinson and carried, declared in violation of the ordinances and directed the Sheriff to serve violation notice on the offender immediately.
ZV-72-11 – Wilbur V. Chancy was present and on motion of Commr. VanAuken, seconded by Commr. Carson and carried, declared in violation of the ordinances and allowed 60 days to remove the trailer.
ZV-72-17 – Carey Nettles. On motion of Commr. VanAuken, seconded by Commr. Carson and carried, declared to be in violation of the ordinances and allowed 30 days to comply.
ZV-71-101 – James B. Lee and Mark Lee. On motion of Commr. VanAuken, seconded by Commr. Deems and carried, declared to be in violation of the ordinances and allowed 30 days to comply.
ZV-71-124 MQ – Orville Shock. Mrs. Shock was present and no action was taken by the Board.
ZV-71-125 – Frontis W. Sherrill, Jr. Declared in violation of the ordinances and given 30 days to comply on motion of Commr. Carson, seconded by Commr. Deems and carried.
ZV-72-9 – Tyler Crusades, Inc. Declared in violation of the ordinances on motion of Commr. Carson, seconded by Commr. Deems and carried.
ZV-72-15 – Mrs. Rebecca Russ. Attorney Gordon Savage, Jr. appeared representing the alleged violator and requested time for the preparation of plans to upgrade the mobile home park. On motion of Commr. Deems, seconded by Commr. VanAuken and carried, she was declared to be in violation of the ordinances and was given the necessary time to comply by cooperating closely with the Planning Department and removal of the junk items immediately.
Mr. Robert Tuller appeared and complained of Fulton Groves on West SR 500 operating as a Travel Trailer Park under a Conditional Use Permit. Mr. Tuller also asked the status of Chancer Case 17,033 if H. L. Pringle is not in violation of a court order in over digging a sand mine operation off SR 500.
Attorney Ford said the court did not tell him directly not to mine the lots but that he was to comply with the zoning regulations. Mr. Ford said he does not feel Mr. Pringle is in violation of the court order but that he is in violation of the zoning regulations and an injunction could be taken out against him.
On recommendation of the Attorney, the Engineer was instructed to survey the sand mining operation in order to cite Mr. Pringle for a violation, if one does exist.
Mr. Watkins was instructed to check the Fulton Groves operations to determine if the owner is in violation of the conditional use permit by renting boats and motors from his private dock.
hospitals
The action of the Chairman and Clerk in approving applications to the W. T. Edwards Tuberculosis Hospital for the following was approved on motion of Commr. Hoskinson, seconded by Commr. VanAuken and carried:
James Richard McCauley
James Allen
inventory
Notice from the Game and Fresh Water Fish Commission that the 100 seine haul program to remove rough fish from Lake County lakes is completed and the 1965 GMC dump truck, Property #2503, has been returned to the County; and requesting that the fish conveyor, Property #5143, be sold to the Operator. On recommendation of the Attorney and on motion of Commr. VanAuken, seconded by Commr. Carson and carried, the fish conveyor was declared surplus equipment and the sale of same approved to the Game and Fresh Water Fish Commission at the depreciated price of $500.00.
Request from the Assistant Mosquito Control Director to dispose of junk equipment was referred to the County Engineer.
ordinances
The Clerk presented letters from the Cities of Clermont, Eustis, Mount Dora and Umatilla concerning unattended self-service gasoline stations.
bonds – misc.
Bond for carrying firearms for Arnold P. Frady was approved on motion of Commr. Carson, seconded by Commr. VanAuken and carried.
Contractors’ bonds for Certificates of Competency were approved on motion of Commr. Hoskinson, seconded by Commr. Deems and carried for the following:
# 317 – H. E. Beals (Masonry)
409 – Roy A. Crawford d/b/a C & C Contractors (Roofing & Carpentry)
795 – James E. Fowler (Specialty)
796 – W. T. Taylor d/b/a Taylor Commercial Refrig. & Elec. Co., Inc.
797 – Edward B. Plotner d/b/a Plotner’s Alum. Construction
798 – Raymond Langston, Jr. (General)
799 – Robert L. Corron (Specialty)
800 – James J. Ussery (Carpentry)
801 – James L. Stinson (Electrical)
licenses & permits
Use Permit filed by the Engineer to M.A.A., Inc. for the construction and maintenance of sewerline and waterline under Eudora Road in Mount Dora was approved on motion of Commr. Carson, seconded by Commr. Deems and carried.
elections – special
Certificates and minutes of the Canvassing Board were filed.
bids
Chairman Windram reported the Attorney for Eustis Dodge, Inc. contacted him about the bids on the two dump trucks and the basic result is that the manager failed to order the trucks, but he will order them and deliver them at the bid price in approximately 45 to 60 days. On motion of Commr. Deems, seconded by Commr. Carson and carried, the Attorney was instructed to notify their Attorney the trucks will be accepted and the Board will expect delivery within the specified time.
On recommendation of Commr. Deems, the Board authorized bids on heavy duty dragline for the Landfill operation subject to approval of the specifications by the State Board of Health.
road & bridge department
On motion of Commr. VanAuken, seconded by Commr. Deems and carried, the Board declined an offer from Mr. Strawn, DeLand, to sell clay to the County at a cost of 40 cents per cubic yard.
roads – state
After considering the road requests submitted by the various municipalities within the County, the Board approved a resolution to the DOT for the construction of primary roads in Lake County in the priority in which they appear to the extent that primary funds are available for said purposes:
RESOLUTION
LAKE COUNTY PRIMARY ROAD REQUESTS – 1972-73
BE IT RESOLVED by the Board of County Commissioners of Lake County, Florida, that the Department of Transportation of the State of Florida, consider for construction of primary roads in Lake County in conjunction with adjoining counties, the proposed projects hereafter set forth in the priority in which they appear to the extent that primary funds are available for said purposes:
1. SR 50 – Four-lane from the Orange County Line to the Sumter County Line in the following stages:
a. From SR 33 and 50 in Mascotte to the intersection of SR 33 and SR 50 in Groveland.
b. From SR 33 in Groveland to SR 561 in Clermont.
c. From SR 561 to SR 25 in Clermont.
d. From SR 25 in Clermont East to the Orange County Line.
e. From SR 33 in Mascotte West to the Sumter County Line.
2. SR 19-A - Four-lane from SR 500-A at the Golden Triangle Shopping Center in Mount Dora, Westerly and Northerly to SR 500 at the Eustis Interchange.
3. SR 500-A - Resurface only from West City Limits of Mount Dora through the City of Tavares to SR 500 in Tavares, providing left turn storage lanes at St. Clair Abrams (SR 453) and Sinclair Avenue.
4. SR 46 – Widen to two-lane and resurface from SR 500 in Mount Dora East to the Seminole County Line (Right of way four-lane).
5. SR 33 – Widen to 24 feet and resurface from SR 50 in Groveland South to SR 561.
6. SR 33 – Resurface from intersection of SR 50 to the Polk County Line.
7. SR 500 and 25 – Construct a vehicle crossover at Grizzard Avenue in Fruitland Park, and correct drainage at the foot of Myrtle Street.
8. SR 19 – Designate as U.S. 23 commencing at the Southern extremity of U.S. 23 in Jacksonville and continuing South of U.S. 17 to its intersection with SR 19 Northwest of Palatka and following SR 19 South to its intersection with SR 561, South of Tavares, and continuing South on SR 561 to its intersection with SR 33, and thence South to the intersection with Interstate 4, South of Polk City.
9. SR 44 – Four-lane from the Sumter County Line East to SR S-468.
10. SR 42 – Widen and resurface from SR 19 in Altoona to SR 44, and realign curves to conform to primary standards.
11. SR 19 – Resurface from SR 50 in Groveland to Howey in the Hills continuing Northeasterly to Tavares.
12. SR 561 – Preliminary engineering to widen and realign through the City of Clermont.
13. SR 561 – Preliminary engineering to widen and realign from SR 19 to SR 25.
Also, a resolution was approved to the Department of Transportation relative to the expenditure of the County’s pro-rata share of Secondary Road Funds.
complaints
Letter from A. E. Michener requesting that obstruction be removed from St. Andrews Blvd. in Mount Plymouth was read and filed.
Letter from Robert L. Johnson complaining of building restrictions in Lake Harris Shores was referred to the Planning Department.
railroads
Attorney Ford advised he has a reply from the SCL Railroad Company concerning the abandoned right of way, advising there must be a specific public purpose for donating the right of way. Commr. Deems and Carson were recommended to meet with the Attorney and railroad representative regarding this.
suits affecting county
Attorney Ford reported the Yeager property is cleaned up and the Chapman trial is over.
accounts allowed
On motion of Commr. Deems, seconded by Commr. Hoskinson and carried, travel was approved for John W. Boyd to attend meeting of Detention Home Superintendents in Tallahassee, March 22.
On motion of Commr. Deems, seconded by Commr. Hoskinson and carried, payroll for Clerks and Inspectors serving at the polling places on March 14, 1972 was approved in the sum of $5,897.29.
Travel was approved for J. C. Watkins and C. C. Ford to go to Tallahassee regarding the Federal Wage & Hour Law concerning Emergency Employment Act employees, on motion of Commr. Deems, seconded by Commr. VanAuken and carried.
Request from the Pollution Control Board to purchase storage cabinets from Curtin Scientific Co. in the amount of $244.00 was approved on motion of Commr. Carson, seconded by Commr. Deems and carried.
Commrs. Hoskinson and Deems were authorized to investigate and purchase carpet for the new Finance Department on the first floor of the Courthouse.
There being no further business to bring before the Board, the meeting was adjourned at 6:35 p.m.
_________________________________
chairman
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Clerk