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1972 04 11) SPECIAL STUDY SESSION REGARDING AMUSEMENT DEVICE ORDINANCE April 11,1972 Council Chambers 7:rjo P.M. All Councilmen were present. —Mayor Skaug opened the study session,and explained this special study session was called to come to a meeting of minds regarding the Amusement Device Ordinance,regarding licensing fees. The crux of the issue is the amount of the license fees to the particular amusement devices. Rav Greenwood.Attorney,representing local tavern operators,stated:- as he reads the ordinance, there is quite a bit more to consider.According to the ordinances proposed to be repealed and all other ordinances,you are getting into a situation where you are doing completely away with pool rooms as such,or apply this same amusement device to them. I think it applies the same. to bowling alleys.As indicated at the last meeting, the proposed annual licensing is-not realistic; but''untilyou determine what business enterprises that you plan to go ahead and impose this on, it Is going to take a great deal more study than gone into so far before you get to the consideration of what a fair fee would be.The very purpose of where it applies is going to have to be worked over. John Calboro,City Attorney,stated =basically we would have to determine what the intent of thefcordinanceis.Frankly,we do have a change from time to time of amusement devices,and enumerating ,every device is going to be difficult.A pool table in a tavern should also be licensed where a fee is £5 charged for playing pool, and we should also consider if we do want to include bowling alleys. |^Certainly in a bowling alley,each alley would be subjectto the license provision.If there is aqqcertaintype or certain place where we want to impose the license,well probably that is a good Hp*subject mattertoo. I think we would consider basically the amount to be charged, and certainly£T Just as well to consider how far we want to go to cover it; to generalize,rather than be specific ongeachtypeofdevice,because ofthe change or popularity in the last few years. Ray Greenwood =But assuming the existing ordinances supposed to be repealed by this,such'your ordinance on pool rooms, I find no ordinance regulating bowling alleys as such. I assume they pay an ordinary business license.Youare going to have to broaden the scope or it will be aimed atfrankly, taverns, whichI don't think is a fair base foran equal tax. If you are going to go ahead andadopt this particular type of ordinance, I thinkyou should impose a tax on everyone using amusementdevices.Also basedonthe schedule offees in King County,etc.,these amounts are considerably higher,also than other cities in the Moses Lake area,such as Ephrata, Othello, Warden. I know-.theyare substantially lower thanwhattheyare here.Also a breakdown of just whatdevice you are talking about, because a 10$operating machineis not going to bringin the money that a 25$machine will.I think also,if you are going to impose a fee like this,that probablya business license ass.uch should be done away with in these particular operations. Also, I cannot see the purposein that it cannot be transferred,If you are going to impose a tax on a place that is authorized to sell liquor,J by the Liqucr Control Board. City Manager Waqgener - I thinkthat requires some clarification.We are thinking on terms of the place in declaring ownership change. Jess Johnson gave the breakdown of the fees charged of the various towns surrounding Moses Lake: Ephrata - There is no master license.$2.50 per amusement game per month. Wenatchee -$100 Operator's License.$10 per year per game; not on pool tables. Ellensburg - $.10 per game per year.- " Qulncy - $ 1.00 per month on music,and noreon pool tables. Warden - $25 per game per year, and $5.00 foradditional; nothing on -.music or pool tables. Othello -No license Rltzville -No license Odessa -No license Mayor Skaug commented -it seems that no pool tables are mentioned whatsoever.If the ordinances were adopted before the popularity of pool tables,is a matter to consider. RayGreenwood =You will need to determine how you are going to apply an amusement device and flat across the board to the same type of amusement,regardless where it is located. |Tess Tohnson -As faras myself,I have been an operator for years,and don't see why we should pay any license fee except a business license like any dher business in town. I don't see whyyou should tax any of us.Other businesses sell more than we do,but they only pay $35 business license.As an,)operator,a license for $35,I can see that, butdon't see why we should paythis monthly. Page -2- Special Study Session (Regarding Amusement Device Ordinance)7:00 P.M.April 11,1972 Mike Meincke,owner of Kelly's = I agree with Jess,but you single out taverns with a juke box or amusement device. Rudy Hoffman,of Danny's Tavern - I also agree.In this whole area no one is being taxed on pool tables. Roy Indermuhle -3rd Avenue Bowl =In my opinion,if there is a tax put on the bowling alleys, It would hurt the City;it would be a case of closing.up or moving out of the city limits. Jess Tohnson - If this license goes through,it would cost Roy $82.50 a month. After inquiring if anyone else wished to be heard,and there was no response,Mayor Skaug closed the meeting to those attending the session and turned the subject over to the Council members. Councilman Ebbert asked Ray Greenwood = I heard you mention,regardless whether we agree on the amount of the tax,if we tax one,we tax ail.Doesn't it seem we are taking care of everything? Ray Greenwood =In my opinion it is,but it is not their intention it would apply to bowling alleys or to pool rooms as such,and if that is the case you will get streneuous arguements against it. Councilman Hill =I don't tiiink it occurred to me that it included bowling alleys or pool rooms. City Manager Waqqener =It was our intention to pick up and include everything previously incorporated.We did not envision including bowling alleys and don't recommend against,or for it. If the Council wishes to consider a fee,that is their prerogative. Councilman Llndell =Isn't there a decrease in the juke box fee? City Manager Waggener -We decreased the juke box fee as far as the Master License is concerned, but they have slowly crept in without going through the Master License provision.This is the point that really brought this to the City Council;whether the Master License should be required.I think there is some ambiguity in the ordinance.We presented to you an ordinance with the existing fee schedule,but reduced the amount of the Master License and reduced the Owner-Operator license. It is not a new tax to the tavern operators..We have been enforcing the Master License and been, collecting it each year.I think we have not had a procedure that allowed us to know they have been operating without going through a Master License. Motion by Ebbert to table the ordinance for further study.Second by Johnson.Motion carried unanimously. m r--m\ 1711 COUNCIL MEETING - Regular Session April 11,1972 1 Council Chambers 8:00 P.M. MEMBERS PRESENT:Councilman Robt. E.Hill,W. B. Moe, NormanW.Johnson,Gordon M. Ebbert, \>Otto M.Skaug,Ernest V.Lindell and Michael Boyle. Mayor Skaug called the meeting to order.Ted Boyer of the LatterDaySaints Church,gave the invocation. Minutes of the March 28 and 29,1972 meetings were approved as written upon a moUon.by Boyle. Second by Lindell.Motion carried. REGULAR BILLS FUND TOTAL AMOUNT PAID GENERAL $6,813.88 STREET 6,107.31 ^ARTERIAL STREET 2/???•??SO PARKS 1,448.41 fi^LIBRARY l'Af'll^.URBAN ARTERIAL 62.94 S3 WATER/SEWER 2,423.93£$SANITATION fSO.OOf}EQUIPMENT RENTAL 665-.48 Motion by Boyle that the regular bills be paid.Second by Lindell.Motion carried. •.:V Warrant No's.2217 through 2307 in the amount of $22,155.30were approved for payment. CONSIDERATION OF BIDS -LIQUID CHLORINE::/dOG ,A letterwas read from Charles Davenport,Finance Director-City Clerk,stating that bids were opened at 2:00 P.M.on April 5, 1972, for the supplying of liquid chlorine to the City of Moses Lake,and recommended that the bid of Penwalt Corporation,Tacoma,Washington be accepted by the Council as It is $1.02 less than the bid submitted by VanWaters &Rogers,Seattle,Washington,the only other bid received. *—"City Manager Waggenerstated that it was discovered later that the bids were identical; as far as could be determined the calculation of the sales tax on the low bid was in error and both bids should be $161.10. The City is doing business this year with Van Water and still would recommend accepting the Penwalt bid so that we rotate to the other company,since it is common to receive identical bids,'especially in this instance with chlorine.Motion by Hill to accept the bid.of Penwalt Corporation.~Second by Johnson.Motion carried. POLICE OFFICERS -AWARD OF DIPLOMAS Aletter was read from Police Chief,Wm.E.Bjork,stating that certificates are to be awarded to /O/^ Sgt.Myron Palmer, Sgt. John G. Sharp, Sgt. Wayne C. Baker and Sgt. Dale R. Inks for their comple-• tlon of a forty-hour course in First Level Supervision,provided by the Federal Bureau of Investigation, and supervised by the Washington Law Enforcement Officers Training Commission,Washington State Patrol,and the Olympic College.This course emphasized training,leadership,and management con trol,and other problems in supervision.Also a diploma is to be awarded to Patrolman Sarnie H. Lorenz for his completion of 400 hours of Basic Law Enforcement at Olympic College.Officer Lorenz graduated with honors.This course was provided by the Washington Law Enforcement Officers Training Commission. Mayor Skaug presented the certificates to the respective officers,and stated the City of Moses Lake can be proud of their city Police Force to avail themselves of the school of higher law enforcement;it is truly appreciated. TRI-COUNTY CITIZENS COUNCIL ON ALCOHOLISM Aletterwas read from City Manager Waggener,stating thatthe City Council,on March 28,1972,jl)*? instructed him to review the budget regarding availability of funds for the request of the Tri-County Citizens Council on alcoholism,for a contribution from the City of Moses Lake in the amount of $2500. He stated the 1972 budget has a contingency item of $23,092.84.The contingency is intended to pro vide a cushion in event revenue does not reach the expected level,and to provide for unanticipated items .of expenditure.In 1971, for example,we had a contingency item of $15,029,but were required to transfer and utilize all but $435.74.Because of our functional budgeting system,he stated,transfers will be {necessary throughout the 1972 budget year,and cannot predict accurately the extent of those transfers that may be necessary. He also stated that he discussed this matter with the County Commissioners and with Dale Yenney; Director of the Grant County Mental Health and Mental Retardation Program.The County Commissioners 'IMS Council Minutes:2 April 11,1972 are required to formulate a comprehensive plan to cope with the problem of alcoholism no later than May 15,1972.At this time the Commissioner have not determined their intended course of direction toward contributing to a comprehensive alcoholism program. Excerpts from a bulletin received from the Washington State Association of Counties were also read, .•stating that,"Edward A.Kenealy,superintendent of the Alcoholic Division of the Department of Social and Health Services,is responsible for insuring that all cities and counties are participating in alcholic treatment programs in order to receive liquor profits and taxes.He has established May 15 as his dead line for certifying cities and counties participating in the program which he will in turn certify on to the Liquor Board.Kenealy said he is hopeful that countywide alcoholic treatment programs will be evolved with county government basically responsible for the programs with participation contracts for cities in the county." Councilman Hill stated,in light of what we have learned over the last previous meetings,he would like to correct his motion of March 14th,and made a motion to table any action now to any group until we receive action from the county level,and to delete his entire motion of March 14,1972.Second by Boyle. Ted Roscher,speaking on behalf of the Tri-County Citizens Council on Alcholism,stated that he thought there is a great deal of confusion here and the amount they are asking.They did not close the door on $2500;this is approximately what the Council Alcoholism has spent in the City of Moses Lake in terms of materials and services.Many doors have been or will be closed to us in that Moses Lake is the center in Grant County.If we go to Warden and ask for support,the first thing they will ask us is what has Moses Lake given.He stated that Mr.Yenney is in favor of an alcoholism program and would like some kind of cooperation between the two programs.The money that has been spent has been spent here in Moses Lake,and realize the financial situation in projecting a budget,but respectfully asks that the Council might consider some type of support so they can further their program.This is a stop-gap until June.This money has already been spent. Thequestion was called regarding Councilman Hill's motion.Motion carried unanimously.* Councilman Boyle raised the question in reference to the figure of $2500 -it seemed to him the city would be under no legal obligation to give any amount of money until such time is determined as to which group will be the designated recipient,and/fney did,could not this be contstrued as a gift,arfd could we legally give a gift?These are public funds and wouldn't this open it up for anyone or anybody? City Attorney John Calbom stated,that same question has been in his mind,and his understanding of Senate Bill 298 does require that by May 15th we will be obliged to pay 2%to a designated alcoholism'•' program,and right now,without authority of law,we are not in a position to make a gift unless we are. acting under a law,since all our powers are derived from the State Legislation,and he is not in the position to give a legal opinion now without looking it up. Carolyn Gillen,Secretary at the Referral Center,stated that in checking with other referral centers asked how their money was received,and that cities have supported the referral centers with city funds,such as Bellingham,Longview,Yakima and in the coastal area. Councilman Ebbert asked if they had any idea how those contributions were worded,and if it had to be a definite function of the program.We can't 3it here and give away funds to any organization as a gift. That is why I ask how the wording was conducted,as a gift or how the gift was given. Carolyn Gillen -It was given for this year, them. The other centers did not have any problem when I called Ted Roscher -In July there is going to be a new method of distribution of funds. there has been city support. For ongoing programs Motion by Ebbert that we hire or engage the Citizens Council on Alcoholism to perform a pilot program to be conducted by them between now and until the 2%liquor tax profits are available,to the tune of $2500.It will be no gift,we will hire them to run this program for the City of Moses Lake.Second by Johnson. Councilman Hill -If we are going into this all by ourselves,then feel that whatever action we take we should wait until we hear from the County,and as far as the budget,we do not have any money to spend on this program. City Manager Waggener stated that at a meeting yesterday with the County Commissioners and Dale Yenney,one of the comments that Mr.Yenney made is that he felt that statements he has made were - Interpreted to the point of being misquoted,and that he had no particular plansat this time as to how his agency was going to handle this program.The County Commissioners do propose to meet with the the other cities of Grant County to try to get everyone going in the same direction.They hope that no commitments would be made until a definite course of action is developed by all the cities in the County of Grant.The City Manager also stated,that in all fairness,the County may very well in the future u <J 1713 Council.Minutes:3 April 11,1972 as they work up their comprehensive plan,contract with the Tri-County Citizens Council on Alcoholism, but at this time he did not know the referral point of the program. Ted Roscher stated,in light as to what Mr.Waggener has said,Mr.Yenney has called the ReferralCentertoseekanswersforthealcoholicandmadethecommentthathisstaffisnotadequatetohandlethealofiholic,and why he feels-that we have to have a cooperative.These things are significant inthe area of mental and the alcoholic referral center. Councilman Hill stated,he didn't see how we can give tothis group -how about United Givers or Red Cross orothers?They haven't asked,but if we give to this,they will come in the future. Councilman Lindell called for the question.Voting on Councilman Ebbert's motion:In favor =Ebbert and Skaug.Against =Boyle,Lindell,Johnson,Moe and Hill.The motion failed. TESS E.MCDONALD -TAVERN BUILDING Ray Greenwood earlier presented a copy of a petition opposing approval of the tavern.The originalpetitionwassubmittedto the Washington State Liquor Control Board. Aletter was read from the Washington State Liquor Control Board tothe City Manager,stating that pursuanttoWtelephonerequest,they were enclosing a copy ofthe March 14th notification ofthe ClassesBCEFtavernlicenseapplicationregardingJessEarlMcDonald,Jr. at Fourth Avenue and Beech Streets,and that fSher action L the application will be deferred until the official views of the Ci*of MosesLakehavebeenreceived.The license application was also read asking as to approval or disapproval of the applicant,and approval or disapproval of the location. Councilman Boyle stated, theCityCouncil is the legislative body ofthe City of Moses Lake,andregardlessofhowwefeel,thinks some ofthe people are asking the Council to make a moral decision, and the Councilcan onlybase their decision onthe legality ofthe pending application.According toourzoningheis inthe boundaries of zoning,and we have heard nothing against the man personally asfaras his characterand reputation,andonthese facts he would have to make a motion that the CouncilgiveapprovalonthetwoquestionsaskedbytheWashingtonStateLiquorBoard.Second by Lindell. Motion carried.In favor =Boyle,Lindell,Skaug and Hill.Opposed"=Ebbert.Abstaining = Moe and .Johnson;- —_-..-. Mc'COSH PARK -LAKEFRONT DEVELOPMENT VOLUNTEER PROTECT Kelly Kallloinen,President ofthe Young-Adult Correlation Council ofthe Church of Jesus Christ ofLatter-day-Saints,Student Association,stated that the Association represented the Grand Coulee Regional(College age)organization ofthe church,which consists of Wenatchee,Ellensburg,Yakima,Pasco, WallaWalla and Moses Lake areas.At this time they officially present the request to perform a serviceprojectinandfortheCityofMosesLakeonSaturdayMay13,1972.This event would be held in con-jiinctlon with a Regional Spring Outing,themed "Together We Serve",which will take place in Moses Lake May 12-14,1972. *The project itself would consistof building a rock wall or "waterbreak"at the lakefront.It is understoodthe City would take careofthe needed machinery andthe student association of approximately200students,would provide tie necessary manpower for the job.Their purposeis to be of service to the City. Mayor Skaug stated, theiroffer is indeed commendable,and on behalf ofthe Council and City ofMosesLake,he heartily endorses the project.To make it doubly official,Councilman Johnson made a motionto grant the request.Second by Ebbert. Motion carried unanimously. MOSES LAKE COMMUNITY DAY - TUNE 6,1972 Aletter was read from Nancy Wolf,suggesting that the City of Moses Lake declare a day for Community /<£<23Recreationfor the people and the surrounding area which would consist of organized games,swimming,dancing,community handicraft market,and refreshments,and proposed thatthis event be held June 6, 1972, the last day of school., and that the site be McCosh Park. The letter further stated that Big Bend Community College will support this event in terms of providingpersonneltrained in the area of Recreation:Recreation students will organize and supervise games,swimming races,storytelling, etc.The Community Handicraft Market will,consist of the sale byindivid uals (no clubs,nor persons with commercial licenses)offering for sale any handcrafted items such as candles,quilts,jewelry, paintings, etc. Afee of $1.50 foreach person selling would.be charged, andproceedsto be turned overto the Park Department.Softdrinkconcessions would be operatedsolely by the Manta Rays and the Baseball Leauge. This CommunityDay would begin at Noonwith swimming events held throughout the afternoon,followed bya dance on the tennis court in the evening. Publicityfor this event would be handled by the Park Department.Mayor Skaug stated, as Mayor of Moses Lake,hedoes hereby declareJune 6,.1972 as Community Day, and the press should make of note of it and publish it In the newspaper. /0O7 1714 \9D ,^o \0 Council Minutes:4 April 11,1972 !•*•; ORDINANCE -ZONE CHANGE R-2 to R-3 (1st reading) A letter was read from City Manager Waggener,stating the Moses Lake Planning Commission on their regular meeting of March 30,1972,conducted a public hearing on a request for a zone change from R-2 to R-3 Zone,for property described as:The properties facing Sixth Avenue from the Northwest side and Division Street on the Northeast side and the Pelican Horn of Moses Lake on the South. The Planning Commission approved the request and recommend the accompanying ordinance to the City Council for their consideration.The 2one change classification also requires a public hearing by the City Council.The City Manager suggested,that if the Council adopted the first reading of the ordinance, a public hearing be set for April 25,1972 to coincide with the date for consideration of the second reading. Motion by Skaug to adopt the first reading of the ordinance and set April 25,1972 as the date for a public hearing.Second by Lindell.Motion carried unanimously. RESOLUTION Nu'S.557, 558,559.560. 561,562,563;564 &565 -ACCEPTING DEEDS FOR RIGHT OF WAY ALONG EAST BROADWAY.,t Resolution No.557 -Accepting deed from Milwaukee Land Company. Resolution No.558 -Accepting deed from Tri-State Stores for portion of Govmt.Lt.1 &7,Sec.22,' T19N,R28,EWM. Resolution No.559 -Accepting deed from United Concrete Pipe - a portion of Tax #1972. Resolution No.560 -Accepting deed from Lad Irrigation -portion of Tax #3470. Resolution No.561 -Accepting deed from Lad Irrigation -portion of Tax #4168.. Resolution No.562 -Accepting deed from Small Bus.Admin.-portion of Tax #5073.* Resolution No.563 -Accepting deed from Small Bus.Admin.-portion of Tax #5074. Resolution No.564 -Accepting deed from Richard D.&Mary Lou Penhallurick -portion of Tax #5401.- Resolution No.565 -Accepting deed from Spokane Concrete Products -portion of Tax #6246.•i Motion by Johnson to adopt the resolutions.Second by Hill.Motion carried. T.O.P.I.C.S.STUDY -REDFORD ENGINEERS A letter was read from Richard L.Weaver,Public Works Director,stating that the firm of Redford Engineers has completed final revision of the City of Moses Lake TOPICS study incorporating the Origin and Destination survey taken by the Engineering Division. Don Monroe,of Redford Engineers,was present,and presented each Councilman with a copy of the study made,by them.He explained TOPICS stands for Traffic Operation Program to Increase Capacity and Safety. The Study is a requisite to be eligible for federal funding,which consists of two-thirds federal money and one-third local money.Topics provides for signals,,widening of streets;it does not emphasize major construction or reconstruction,but is intended to maximize the efficiency of existing street systems where the capacity and safety of the streets can be improved,in order to be eligible for the program and justifi cation of those improvements.After the study has been made,funds can be applied for from the federal government,and hopefully received. He stated the final report is presented to the City Council for their approval and to embark on the program for submitting application for projects mentioned in it.He cited Chapter 4,Projects 1 through 6,which included signals on 4th and 5th and Division Streets;Third Avenue improvement which involves installa tion of new signal heads;connector street from Division Street to Alder Street;improvements for signaliza- tion at Grape Drive and Valley Road;improvement for installation of traffic signals at Valley Road and Stratford Road;Broadway Avenue in conjunction with the State Highway Department to provide a two-way, left turn between Dogwood and Marina Drive,and between Third Avenue and Western Avenue. The cost of the total project is estimated at $469,600.This does not mean these should all be implement ed at one time.They are to justify what improvements are necessary.The justification for the project is there.Council action should be taken at the time application is submitted for federal funding. Upon inquiry by Councilman Ebbert,Mr.Monroe explained,the projects listed are not in priority sequence.Priority of which should be done first is really a decision of the Council,after the State and Federal Highway Department approves the Study.We only suggested what should be done first,and-we suggested the signals on Division Street.There is no time limit involved;they can be taken individually and apply for money for each one,or a total option,or apply for one,two or three projects. City Manager Waggener commented,that we anticipated in our 1972 budget for signal lights on Division Street on two-thirds/one-third project money. Don Monroe stated they estimated $54,000 for the Division Street signals,and one-third of that would be the city's share;about $15,000 or $16,000. Councilman Boyle commented that perhaps the Council would like a few weeks to look over the Study before presenting it to the State.He made a motion tothat effect,- .-and come back to this at the next Council meeting.Motion carried. o Council Minutes:5 April 11,1972 A-J CITY HALL REMODELING Aletter was read from City Manager Waggener,stating that following the discussion at the last JO/<j City Council meeting,he met with Bob Goytowski of Haley's Inc.,regarding possible division of the proposed purchase of furniture,and requested authorization to purchase the broadside files and chairs from Haley's Inc.,and to purchase desks from Bank &Office Interiors of Seattle on the State contract.Division of the purchases would be as follows:Haley's Inc.: Broadside files $2,633.40 Chairs 1,385.40 ^These itemswill cost $407.86 (10.2%)plus tax more than the cost of purchasing through ~P Bank &Office Interiors on the State contract.Haley's will, however,accept our used furniture on sT"trade and will also assemble all new furniture,including the desks which are proposed to be furnished ^by Bank &Office Interiors. *£*Bank &Office Interiors:-Desks =$1,906.66.This represents a saving of $522.34 (27.5%) by £-3 virtue of purchasing through the State contract. Also proposes to delay purchase of partitions until final costs for draperies,carpeting and desk for the Cpmmunity Development Director can be determined. The City Manager also stated,what with tentative costs of draperies and carpeting coming in,it may be necessary to retain a small amount of our present furniture. Motion by Johnson to accept the bid quotations from these respective firms.Second by Ebbert. Motion carried. i ^MOSES LAKE CHAMBER OF COMMERCE - SPRING CARNIVAL - APRIL18 -MAY 2,1972 City Manager Waggener stated this itemwas a verbal request today by Pat Banks,member of the y^P^A Retail Trades Division of the Chamber. Dick Robinson,Manager of the Chamber,was present and stated that Meeker Bros,of Tacoma has a stop-over gap now in Yakima and asked the Chamber to sponser a two-week engagement to set up approximately 8 rides,no games will be included,and requested to be located in the McCosh Park parking area.Some discount tickets will be given out to merchants.Ralph.Meeker will also pay all necessary fees and furnish insurance and bonding.There will be some monies going to the Chamber in sponsoring this carnival. The City Manager stated that they also indicated,that in parking carnival facilities,it would not be necessary to punch holes in the paving. Motion by Johnson to grant the request with the restriction the cut-off time should be 10:00 P.M. and not to commence prior to 1:00 P.M.on Sundays.Second by Ebbert.Motion carried unanimously. Meeting adjourned at 9:45 P.M. MAYOR,Otto MQ Skaug ATTES' Clerk/CharLra Davenport I7i$