08-24-1982 Regular Meeting
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CITY OF CLERMONT
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MINUTES
REGULAR MEETING
August 24, 1982
A Regular Meeting of the City Council of the City of Clermont was held August 24,
1982 in the City Council Chambers. The meeting was called to order at 7:30 p.m.
by Mayor Hoskinson, with the following Councilmen in attendance: Michael Conley,
Hal Turville, Dennis Thomas, and Bob Pool. Other City Officials present were:
City Manager Forbes, Finance Director Saunders, City Attorney Baird, and Deputy
City Clerk Brandt.
The Invocation was offered by Councilman Thomas, followed by repeating the Pledge
of Allegiance by all present.
MINUTES
A motion was made by Councilman Conley, seconded by Councilman Thomas and
unanimously carried that the minutes of the August 10, 1982 Regular Meeting
be approved as presented.
CITY MANAGER'S REPORT
UPPER PALATLAKAHA BASIN COMPREHENSIVE WATER STUDY SECOND ANNUAL REPORT
City Manager Forbes gave copies of the Upper Palatlakaha Basin Water Study
Annual Report to the Council Members and explained that the remaining meet-
ings of this group are crucial because they are preparing a draft of a water
management plan for our area. . He urged the Councilmen and any interested
citizens to attend these meetings. The Upper Palatlakaha Basin supplies the
water to Clermont's chain-of-lakes.
VFW'S REQUEST TO USE BISHOP FIELD
City Manager Forbes stated that he has received a request from the VFW in
Clermont to use Bishop Field on October 31, 1982 for a "Meet the Candidate"
Rally. After a brief discussion, it was the consensus of the Council to
allow the VFW to use Bishop Field on October 31, 1982 for this meeting.
CITY ATTORNEY'S REPORT
HIGHWAY 50 EASEMENTS FOR LANDSPREADING PROJECT
82-124
City Attorney Baird explained that the City is in the process of obtaining
easements for their sewer transmission lines along Highway 50 to the new
landspreading site. ,Mr>Hcirde:r,' has stipulated that he will grant the City
an easement across his property on the south side of Highway 50 if the City
agrees to repave the parking lot in front of his business. Part of the lot
will be excavated for construction of the sewer line. Mr. Baird explained
that this was not an unusual request; and would be cost effective in lieu
of beginning condemnation proceedings to obtain the easement. After some
discussion, A MOTION WAS MADE BY CbUNCILMAN CONLEY, SECONDED BY COUNCILMAN
POOL, AND UNANIMOUSLY CARRIED TO ALLOW CITY ATTORNEY BAIRD TO NEGOTIATE THE
EASEMENT IN ACCORDANCE TO MR, HffiDER I S REQUEST.
NOttHUEN1r,oJ'.JA..L VIOLATIONS OF THE SUNSHINE LAW - STATE ATTORNEY'S LETTER
Mayor Hoskinson stated that he had received a letter from State Attorney
Gordon Oldham of the Fifth Judicial. Circuit of.Florida ~h~ch was sent to
all municipalities within the Circuit. Mayor Hoskinson then read the
letter. The intent and purpose, of 'this letter was to 'remind all people
in public office of the requirements of Chapter 286.11, Florida Statutes
(Government in the Sunshine Law) and that the law will be enforced.
COUNCILMAN POOL'S REPORT
Councilman Pool commented that the Jaycee Beach looks great and thanked
City Manager Forbes and the City crews for the weed removal.
PUBLIC HEARING-FLUORIDATION OF CLERMONT'S WATER SUPPLY
At this time, Mayor Hoskinson called for a Public Hearing on Clermont's
acceptance of a Florida Fluoridation Project Grant from the Department of
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CITY OF CLERMONT
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MINUTES
REGULAR MEETI NG
Augus t 24, 1982
Page -2-
Health and Rehabilitative Services to fluoridate our water supply.
PRO-FLUORIDE
The first speaker was Mrs. Linda Greis, Project Coordinator for the Florida
Fluoridation Project Grant. She explained the grant stipulations as follows:
1. HRS will pay 100% of the costs of installing the
fluoridation system in each of Clermont's three wells.
2. They will pay all chemical costs for two years, and
3. At the end of the initial two years, the City must
continue to fluoridate the water supply; or return
the fluoridation equipment.
The cost of operating the system after the initial two years will be approx-
imately 20-40~ per person per year.
Mrs. Greis continued by citing several studies which substantiate that
fluoridated water is beneficial to everyone, but in particular young
children who grow up with the fluoridated system. She also read a list of
Florida cities who have taken part in the grant.
Mayor Hoskinson asked Mrs. Greis how much it would cost to place the necessary
equipment in Clermont's three water wells. She said that it would cost between
$30,000 and $40,000 and the grant would pay the total installation costs.
Dr. Atkinson, Director of the Lake County Health Department spoke, giving
statistics collected by her department which compared the teeth of K-4th ,[
grade children in Leesburg and Clermont. Leesburg has fluoridated its
water supply for a number of years. The percent of children with serious
cavities in Clermont was 4.4% as compared to 1.8% and 1.6% in two elementary
schools in Leesburg. Dr. Atkinson also stated that fluoride is beneficial
to the elderly because studies show that it prevents osteoporosis (brittle
bones). A fluoridated water supply offers an inexpensive easily accessable
source of fluoride.
Dr. Eldon Bunn, a pediatric dentist from Leesburg also cited several studies
supporting the addition of fluoride to a water system. and listed numerous
National Professional Organizations which endorse a fluoridated system. He
stated that if a young child grows up with a fluoridated water system, up to
60% of his cavities could be prevented. However, no matter what age you are,
you can derive benefits from fluoridated water.
After an extended question and answer period, Mayor Hoskinson asked for those
people with opposing views to speak.
CON-FLUORIDE
Mr. Richard Harris stated that he was opposed to the City's acceptance of such
a grant. Clermont has always been known for its great water and he felt that
nothing more should be added to our water supply. He questioned the additional
costs after the fi rst two years of operati ng the system; andl noted that the
City's long range plan did not reflect the additional costs.1 Also, he stated
that the addition of fluoride to our water system violates pbrsonal freedom of
choice, and is just another big government handout. To tax others on these grant
programs to give to other cities is not moral. This is the type of problem
President Reagan is trying to stop.
Mr. James Tyre stated that by accepting this grant, Clermont residents would lose
control over their own lives and would be dictated to by the State. He also
stated that even though many professional organizations endorse fluoridated water
systems; they could change their minds at a later date. He stated that he was
not speaking for or against fluoride but was concerned about accepting State money.
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CITY OF CLERMONT
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REGULAR MEETING
August 24, 1982
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PRO-FLUORIDE
Mayor Hoskinson read a letter from the West Orange Farm Workers' Association
endorsing fluoride in our water supply. This would give low income families
the benefit of better dental health through fluoridation.
Mr. Buck Evans presented an historical documentation of the benefits of fluoride
tabulated in areas where fluoride has occurred naturally through four generations.
He stated that the addition of fluoride to our water system would be a low prem-
ium insurance policy for the future.
Mrs. Chester Frederick told how fluoride has benefited her grandchildren.
82-125 After much discussion, A MOTION WAS MADE BY COUNCILMAN TURVILLE, SECONDED BY COUNCIL-
MAN POOL, AND CARRIED BY A VOTE OF 4-1, TO ACCEPT THE DEPARTMENT OF HEALTH AND RE-
HABILITATIVE SERVICES FLORIDA FLUORIDATION GRANT TO INSTALL FLUORIDATION EQUIPMENT IN
CLERMONT'S THREE WATER WELLS AND SUPPLY THE CHEMICALS FOR A PERIOD OF TWO YEARS.
Councilman Thomas opposed acceptance of this grant because he felt it was time to
get out of giveaway programs which are just another example of Big Government.
MID FLORIDA TELECASTERS 1~g45' TOWER APPLICATION - ECFRPC REQUEST FOR COMMENTS
It was discussed that the East Central Florida Regional Planning Council had requested
the City's Comments on Mid Florida Telecasters, Inc. application to erect a 1,845'
tower south of Cl ermont for thei r UHF Channe.l 32. Previ ous ly, the City had expressed
opposition to this tower to the Federal Communications Commission. After some dis-
82-126 cussion, A MOTION WAS MADE BY COUNCILMAN THOMAS, SECONDED BY COUNCILMAN CONLEY AND
UNANIMOUSLY CARRIED TO EXPRESS OPPOSITION TO THE ERECTION OF THIS TOWER TO THE EAST
CENTRAL FLORIDA REGIONAL PLANNING COUNCIL FOR THE SAME REASONS AS EXPRESSED TO THE
FEDERAL COMMUNICATIONS COMMISSION; AND THAT A COpy OF RESOLUTION No. 346 BE SENT
WITH THE COMMENTS FORM.
BID AWARD - TRAFFIC SIGN MATERIALS
City Manager Forbes reported that the City Council had authorized the City to par~
ticipate in a warning and regulatory sign grant offered by the State Department of
Veteran and Community Affairs; and the City was awarded a grant for $10,000 to ful-
82-127 fill State Statutes and insure sign uniformity. After some discussion, A MOTION
WAS MADE BY COUNCILMAN THOMAS, SECONDED BY COUNCILMAN CONLEY AND UNANIMOUSLY CARRIED
TO ACCEPT THE LOW BIDS FOR SIGN MATERIALS AS FOLLOWS:
SIGN FACES: JADCO SIGNING INC. $5,625.80
SIGN BLANKS: U.S. STANDARD $1,907.05
SIGN POSTS: U.S. STANDARD $2,358.15
RIVETS: McCAIN SALES 81.48
TOTAL $9,972.48
BID AWARD - REPAIRS, RENOVATION AND PAINTING OF JENKINS AUDITORIUM
It was recommended that the low bidder for the repairs, renovation and painting of
Jenkins Auditorium, Bishop Paint and Decorating with a bid of $3,985 and an hourly
rate of $11 for additional work be accepted. The bidding was as follows:
Bishop Paint and Decorating
$3,985
$5,550
$9,845
$11 hourly rate
$18 hourly rate
$22 hourly rate
Brinkerhoff Sandblasting & Coatings
T.H. Contracting
82-128 After some discussion, A MOTION WAS MADE BY COUNCILMAN POOL, SECONDED BY COUNCILMAN
THOMAS AND UNANIMOUSLY CARRIED TO ACCEPT THE LOW BID FROM BISHOP PAINT AND DECORATING
OF $3,985 AND AN HOURLY RATE OF $11 FOR ADDITIONAL WORK FOR REPAIRS; FOR RENOVATION
AND PAINTING OF JENKINS AUDITORIUM.
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CITY OF CLERMONT
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REGULAR MEETING
August 24, 1982
Page -4-
BID AWARD - REPAIRS AND PAINTING OF JAYCEE BEACH PAVILION
City Manager Forbes explained that the bids for Jaycee Beach Pavilion required
the contractor to sandblast the structure, repair all parts that have deterior-
I
ated and repain~ the pavilion. It was recommended to accept the low bid from
Bishop Paint and Decorating for $2,871 with the cost of replacing purl ins and
headers at $1501per 20' section and a fee of $11 per hour for any additional
work. The bidding was as follows:
COMPANY I BASIC BID
ITEM B
ITEM C
PER HOUR
Bishop Paint &
Decorating - Clermont $2,871 $150 $150 $11
Sunshine Painting
Orlando $5,300 $345 $360 $35
T.H. Contractors
Orlando $5,812 $ 92 $ 92 $22
Ridge Sandblasting
Lake Alfred $6,150 $120 $200 $15
Brinkerhoff Sand-
blasting - Orlando $6,450 $300 $300 $18
Sieg & Ambachtsheer
Deland $9,826 $300 $400 $15
82-129
After some discussion, A MOTION WAS MADE BY COUNCILMAN POOL, SECONDED BY
COUNCILMAN THOMAS AND UNANIMOUSLY CARRIED TO ACCEPT THE LOW BID FROM BISHOP
PAINT AND DECORATING FOR $2,871 WITH THE COST OF REPLACING PURLINS AND HEADERS
AT $150 PER 20' SECTION AND A FEE OF $11 PER HOUR FOR ANY ADDITIONAL WORK.
BID AWARD - CITY HALL RENOVATIONS
82-130
City Manager Forbes reported that the bids for City Hall Renovations had been
received. The low bidder for the renovations was Blue Diamond Construction
with a total bid of $13,249, however excluding the optional fro~window re-
moval, the total cost of renovations could be reduced to $12,476. After some
discussion, it was decided that the specifications should be rewritten because
many of the contractors had included options that were not in the specifications
and the specifications were too ambiguous in some areas. A MOTION WAS MADE BY
COUNCILMAN CONLEY, SECONDED BY COUNCILMAN THOMAS AND UNANIMOUSLY CARRIED TO RE-
JECT ALL BIDS, HAVE MORE DETAILED SPECIFICATIONS WRITTEN AND HAVE THE PROJECT
REB I D.
PROPERTY PURCHASE FOR LANDSPREADING PROJECT
City Manager Forbes stated that in July of 1980 , the City executed an agree-
ment to purchase tracts 57, 58, 59 and the useable parts of tract 60, and tracts
6, 7, and 8 of Groveland Farms. The original contract expired on February 1,
1981 and was amended to extend the closing date to July 31, 1981; and again in
June of 1981 it was amended, requiring the City to close on tract 60 and purchase
the remainder of the property by December 1, 1982. Since the exectuion of this
agreement, Inland Groves has agreed to sell the City tracts 54 and 55 and has
requested that the City close on one-half of the property Monday, September 13,
1982. In return for closing on one-half of the property in September, the City
will not be required to purchase the remainder of the land until April 4, 1983.
The City has obtained a Conditional Use Permit from the County for this property,
however, final approval from the Department of Environmental Regulation will not
be obtained until they review all plans and specifications. City Manager Forbes
stated that:he and::.the .City Engineer vlould meet.:with" DER" Off'i eta 1 sand try" to
obtain their final approval before the September closing date. He did not recom-
mend purchase of the property without DER approval. This project is being financed
by the Farmers Home Admi ni strati on and the i niti a 1 property purchase wi 11 come
from the City' s Capital Improvement Fund. Councilman Conl ey stated that he wanted
Parcel #1 included in the property purchased on September 13, 1982.
FOIIII 4
MEMORANDUM OF\tOTING CONFLICT
.ATE ON WHICH VOTE OCCURRED:
August 24 , 19~
PART A
Name:
Pool
(LAST)
1464 East Avenue
(STREET)
Robert
(FIRST)
Telephone: 904-394-2528
(AlC) (NUMBER)
Address:
32711
(ZIP CODE)
Lake
(COUNTY)
;'ART B
Agency is a unit of [check one) : ( ) State of Florida; (X) County, City or other Political Subdivision
City of Clermont
Name of Agency:
Position held in Agency:
Councilman
PART C
MEMORANDUM OF CONFLICT OF INTEREST IN A VOTING SITUATION [Required by Florida Statutes ~ 112.3143 (1975)]
If you have voted in your official capacity upon any measure in which you had a personal, private, or professional interest which inures to
your special private gain or the special private gain of any principal by whom you are retained, please disclose the nature of your interest
below.
1. Description of the matter upon which you voted in your official capacity:
I abstained from voting on the
City'S purchase of a landspreading site from Inland Groves because I own one share
in this corporation,
"
2. Description of the personal, private, or professional interest you have in the above ~atter which inures to your special privat.e gain or
the special private gain ofany principal by whom you are retained: I Wl.ll not have any pnvate gal.n
from this matter. However, I did not believe I should vote because I do own one share
in the Inland Groves Corporation. I believe that Public Officials must be even above
the perception of a conflict of interest,
3. Person or principal to whom the special gain described above will inure:
a. (X ) Yourself b. ( ) Principal by whom you are retained:
(NAME)
PART D
FILING INSTRUCTIONS
This memorandum must be filed within fifteen (15) days following the meeting during which the voting conflict occurred with the person
responsible for recording the minutes of the meeting, who shall incorporate the memorandum in the meeting minutes. This form need not be
filed merely to indicate the absence of a voting conflict. Florida law permits but does not require you to abstain from voting when a conflict
of interest arises; if you vote, however, the conflict must be disclosed pursuant to the requirements described above.
PART E
~~ER~<
September 7~ 1982
.
DATE SIGNED
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES ~112.317 119751, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES
GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE
OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $5,000.
CE FORM 4- EFF. 1/1/77
FORM 4A, DISC'- OSURE OF BUSINES~""TRANSACTION,
RELATIONSHIP, OR INTEheST
PART A
Name:
Telephone:
(LAST)
(FIRST)
(MIDDLE)
(A:C)
(NUMBER
Address:
(STREET)
ICITYI
(ZIP CODE)
(COUNTY)
PART B
Filing as a:
( ) Public Officer;
) Public Employee;
( ) Advisory Board Member
Agency is a unit of I check one I:
State of Florida;
County, City or other Political Subdivision
Name of Agency:
Position held in agency:
Date on which term of office or employment began:
PART C
DISCLOSURE OF TRANSACTION OR RELATIONSHIP CONCERNING ADVISORY BOARD MEMBER
I Required by 9112.313(12), Florida Statutes (1977) I
WHO MUST COMPLETE THIS PART
Sections 112.313(3) and 112.313(7), Florida Statutes, prohibit certain business relationships on the part of public officers and employees, including persons serving on
advisory boards. See Part III, Chapter 112, Florida Statutes and/or the brochure entitled' A Guide to the Sunshine Amendment and Code of Ethics for Public Officers,
Candidates and Employees" for more details on these prohibitions. However, Section 1t2.313(12). Florida Statutes (1977) permits the appointing official or body to
waive these requirements in a particular instance provided: (a) waiver by the appointing body must be upon a two-thirds affirmative vote of that body: or (b) waiver by
the appointing person may be effected after a public hearing: and (c) in either case the advisory board member must fully disclose the transaction or relationship which
would otherwise be prohibited by Subsections (3) or (7) of Section 112.313, Florida Statutes. This Part of Form 4A has been prescribed by the Commission on Ethics for
such disclosure, if and when applicable to an advisory board member.
Please comrlete the following only if required to do so in light of the above:
1. The partnership, directorship, proprietorship, ownership of a material interest. position of officer, employment, or contractual relationship which would otherwise
violate Subsection (3) or (7) of Section 112313, Florida Statutes is held by: ( ) The reporting person: Pursuant to Section 112.313(3), Florida Statutes:
( ) Spouse of reporting person whose name is or ( ) Child of the reporiing person whose name is
2 The particular transaction for which this waiver is to be granted involves:
a. Supplying the following realty, goods and/or services:
b. The following business entity will supply these commodities:
c. The relationship of the undersigned advisory board member or spouse or child of such advisory board member to the person or bUSiness entily transacting this
business is Icheck applicable spaces/:
( ) Officer: ( ) Partner: ( ) Associate: ( ) Employee: ( ) Sole Proprietor: ( ) Stockholder: ( ) Director: ( ) Owner of in excess of 5% of the assets or
capital stock in such business entity: ( ) Public Officer or employee holding a contractual relationship with such business entity: ( ) Other, please describe:
PART 0
DISCLOSURE OF INTEREST IN SOLE SOURCE OF SUPPLY
IRequired by ~112.313(12)(e). Florida Statutes (1977) I
WHO MUST COMPLETE THIS PART
Sections 112.313(3) and 112.313(7). Florida Statute5 prohibit certain business relationships on the part of public officers and employees. See Part III, Chapter 11.2,
florida Statutes and/or the brochure entitled "A Guide to the Sunshine Amendment and Code of Ethics lor Public Officers, Candidates and Employees" for more details
011 these prohibitions. However, Section 112 .313( 12)(e), Florida Statutes (1977) provides an exemption from the above-mentioned restrictions in the event that the
busllless entity involved IS the only source of supply within the political subdivision of the officer or employee. In such cases the officer's or employee's interest.in the
business entity must be tully disclosed to the governing body of the pOlitical subdivision. This Part of Form 4A has been prescribed by the CommisSion on EthiCS for
sllch disclosure, if and when applicable.
Please complete the following only if required to do so in light of the above:
1. The goods or services being supplied by a business entity with which the undersigned public officer or employee or spouse or child of such officer or employee is
involved include(s)
2 The business entity which is the only source of supply of the above goods or services within the political subdivision is:
(NAMf or EN lilY) IAOORESSJ
3. 1 he interest of the undersigned publiC officer or employee or spouse or child of such officer or employee in the business entity named in Item 2 above is I check
applicable spaces I:
( ) OHicer: ( ) Partner; ( ) Associate: ( ) Employee: ( ) Sole Proprietor: ( ) Stockholder: ( ) Director: ( ) Owner of in excess of 5% of the assets or
capital stock in such business entity: ( ) Public Officer or Employee holding a contractual relationship with such business entity: ( ) Other, please describe: -
PART E
SIGNATURE
SIGNATURE OF PUBLIC OFFICER OR EMPLOYEE
DATE SIGNED
Q
PART F
FILING INSTRUCTIONS
Part C of this Form must be filed, if applicable, with the appointing body or person waiving the restrictions of Section 112.313(3) or (7), Florida Statutes prior to such
waiver. Part D must be filed, if applicable, with (he governing body of the political subdivision in which the reporting person is serving. It is suggested that this
disdosure be made prior to the subject transaction.
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES ~112.317(1977), A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY
BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE DR EMPLOYMENT, DEMOTION, REDUCTION IN
SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $5,000.
Cf fORM 4A - EFF 2125/79
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CITY OF CLERMONT
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MINUTES
REGULAR MEETING
August 24, 1982
Page -5-
82- 131
After some discussion, A MOTION WAS MADE BY COUNCILMAN CONLEY, SECONDED
BY COUNCILMAN THOMAS, AND CARRIED UNANIMOUSLY, WITH COUNCILMAN POOL AB-
STAINING, THAT THE CITY CLOSE SEPTEMBER 13, 1982 ON ONE-HALF OF THE PROP~.
ERTY WHICH WILL INCLUDE PARC~L #1, AND CLOSE ON THE REMAINING LAND FOR
THE LANDSPREADING PROJECT BY APRIL 4, 1983; ALL CONTINGENT UPON PRIOR DER
APPROVAL.
HOMER TORRENCE REQUEST TO RENT INNER TUBES AT JAYCEE BEACH
82- 132
Homer Torrence appeared before the Council requesting permission to obtain
a license and rent inner tubes at Jaycee Beach. City Attorney Baird stated
that this type of request had been denied in the past because of the liability
involved in licensing someone to sell from City property. Councilman Conley
also stated that all similar type requests had been denied in the past. After
much discussion, A MOTION WAS MADE BY COUNCILMAN CONLEY, SECONDED BY COUNCIL-
MAN TURVILLE AND UNANIMOUSLY CARRIED TO DENY MR. TORRENCE'S REQUEST TO RENT
INNER TUBES AT JAYCEE BEACH.
The Meeting adjourned at 9:25.
,
~%~
~M. Hoskinson, Mayor
-~
Attest:
n. ~Q/nd-l
Deputy City Clerk