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04041977110 MINUTES OF THE HARNETT COUNTY BOARD OF COMMISSIONERS MEETING OF APRIL 4, 1977. REGULAR MEETING MORNING PRAYER MINUTES READ CARSON GREGORY The Harnett County Board of Commissioners met on Monday, April 4, 1977. The Chairman, Jesse Alphih, called the meeting to order at 9:00 A.M., with the following commissioners present: Bill Shaw, W. J. Cotton, Jr., M. H. Brock, and Lloyd G. Stewart. The Attorney was present and the Clerk to the Board. Commissioner Bill Shaw led the morning prayer. The minutes from the previous meeting were read and approved. Carsnn Gregory was present to discuss legislative matters. SUBDIVISION ORDINANCE Concerning the Subdivision Ordinance scheduled for action this meeting, Tony Tucker spoke on a few of the changes that were made in the draft, and speaking for the Planning Board, recommended that the Board take decisive action thereon. Action Commissioner Cotton moved that the ordinance be adopted with the amendment to Article #4; page 13, that would change the minimum size of a building lot from 12,000 feet to 10,000 feet, provided that there is public water and sewage utilized. Commissioner Brock seconded the motion. Discussion Vote Don Dupree -DOT SR 1703 & 1725 Mike Donovan, County Surveyor, spoke about weak and vague points, in his estimation. after conferring with the County Attorney, ordinance could be amended as necessary to defect. Billy Wellons spoke. the draft, pointing Chairman Alphin, said that the correct any Those voting for the. ordinance were Commissioners Shaw, Cotton, Brock and Stewart. Those voting against were none. Don Dupree from the Department of Transportation, came before the Board to inform the Commissioners that the Department would assume the maintenance of the road leading into the landfill site, provided the State was allowed to dump without charge, and providiing,that no barricade would be constructed, and provided that a 60 -foot right -of -way was offered. The Chairman, be general consent of the Board, informed Mr. Dupree that the County would continue to maintain the road, because of the need for the barricade to deter dumping along the access road. Concerning SR 1703 and 1725, a petition was given to Mr. Dupree, bearing many signatures indicating concern with the accidents occurring on the railroad crossing on these roads. Mr. Dupree, after passage of a motion made by Comm- issioner Cotton, seconded by Commissioner Stewart, that this petition be sent to the Department of Transportation for investigation, told the Board that he would turn the petition over to the proper department for investigation and a report back to the Board of Commissioners. Commissioner Shaw talked with Mr. Dupree about Ray Road and the chance to have a reduced speed sign installed. BORDERS, INC. CONSTR. Robert Nicholl, Dunn City Manager, spoke to the Board re- garding Bonders, Inc. construction and changes that were necessary. Commissioner Brock moved that the resolution cE September 7, 1976, appropriating $18,000. to Bonders, Inc., be amended to increase the appropriation from $18,000. to $26,900., inasmuch as this money would be repaid to the county upon the completion of the project by FHA grants. Commissioner Stewart seconded the motion and it carried. Resolution -Re: Metro Board Member The following resolution was presented by Attorney Edward McCormick: RESOLUTION WHEREAS, Chapter 162A, Article 4, as amended, provides that the Board of Commissioners shall appoint three board members of aduly created Metropolitan Water District, and, WHEREAS, the Northeast Metropolitan Water District of Har- nett County, NC, was duly created on April 14, 1976, and the Board of Commissioners appointed three members of the Metropolitan Board at that time; and 11� Action RECOMMENDATION FROM PUBLIC HEALTH & SAFETY GHSP VEHCILE WHEREAS, THE term of George T. Fitzpatrick expires on April 14, 1977; (see Minute Book 12, page 585) NOW, THEREFORE, be it resolved by the Board of Commissioners for the County of Harnett that George T. Fitzpatrick is hereby reappointed to the District Board for a term expiring on April 14, 1980. Upon motion of Commissioner W. J. Cotton, Jr., seconded by Commissioner M. H. Brock, the foregoing resolution was adopted by the following vote: Ayes, Commissioners Shaw, Cotton, Brock and Stewart. Noes: none. Tom Lanier presented a report and recommendation from the County Public Health and Safety Committee, for the consideration of the Board. Commissbner Shaw moved that the report and recomm- endations from the Public Health and Safety Committee be acceptec Commissioner Cotton seconded and it carried. Commissioner Cotton moved that the second emergency medical unit to be received from the Governor's Highway Safety Program be committed to the proposed Lillington Area Rescue Squad as soon as it is chartered. Commissioner Stewart seconded the motion and the issue passed unanimously. REPORT -TAX COLLECTOR Earl Jones, Tax Collector reported on the activities of his department. REPORT -TOM ALLEN Tom Allen presented a request for refund of taxes in the amount of $24. to Danny Martin Stephens for error in listing. Commissioner Cotton moved the request be honored upon the re- commendation of the Tax Supervisor, Commissioner Stewart seconded and the issue passed. PENALTY RELEASE REQUESTED A letter was presented by the Tax Supervisor, and from Harold Lassiter requesting relief from late listing penalty. Comm- issioner Cotton moved the request be honored on the recommend- ation of the Tax Supervisor. The Tax Supervisor indicated the merit of the request. Commissioner Stewart seconded and the issue passed. TAX ATTORNEY REPORT The report of the Tax Attorney is as follows: tax suits collected; Name Tyndall, Grace Core Morris, Beatrice G. Eason, James Walter McNeill, Douglas F. tax suits commenced: Kent, Mary Virginia Griffin, Iva Tyndall McMillian, Eugenia,Hrs. Williams, Willa Hodges Johnson, Herbert H. Barney, Catherine Hr. Goodman, Gertrude L. Cameron, Edward Johnson, Colonel A. Gulledge, Robert Adams, Rob ert O'Quinn, William., Jr. Freeman Felton Chance Adams, James Evans, Annie Belt Massey, Rejinner A.Hrs Bethea, Charles Lewis Brewington, Margaret Eason, James Walter COD EMPLOYMENT CONTINUED Suit No. 74CVD1789 74CVD1776 77CVD0151 74CVD1965 77CVD0119 77CVD0118 77CVD0117 77DVD0149 77CVD0153 77CVD0152 77CVD0150 77CVD0154 77CVDO184 77CVD0215 77CVD0214 77CVD0216 77CVD0123 77CVD0222 77CVD0223 77CVD0224 77CVD0221 77CVD0219 77CVD0151 Township Averasboro Averasboro Duke Duke Amt. Collected Atty's Fee $ 434.45 $ 20.00 497.46 30.00 188.25 30.00 116.32 20.00 Averasboro Averasboro Averasboro Averasboro Averasboro Anderson Creek Averasboro Johnsonville Averasboro Anderson Creek Averasboro Upper Little River Averasboro Averasboro Averasboro Lillington Barbecue Averasboro Duke 10.00 10.00 10.00 10.00 10.00 10.00 10.00 10.00 10.00 10.00 10.00 10.00 10.00 10.00 10.00 10.00 10.00 10.00 The Sheriff's Department and Henry D. Hood, requested that Henry D. Hood, III, be allowed to work one year past his 65th birthdate. The pay plan requires that employees retire at age 65, unless the Commissioners will grant extension. Comm- issioner Brock moved that an employment extension be granted to Henry D. Hood III, for a one - year - period of time after his 65th birthdate. Commissioner Cotton seconded the motion and it passed. 112 RESOLUTION RE: WATER PURCHASE CONTRACT The following resolution regarding Water Purchase Contract was presented to the Board for action: RESOLUTION Board Member M. H.Brock moved that the "Water Purchase Contract" with the Northeast Metropolitan Water District of Harnett County, NC. be approved and the Chairman Jesse Alphin be and is hereby authorized to execute said agreement on behalf of the County of Harnett and that it be attested and the seallof the County be affixed thereto by the Clerk to the Board, H. D. Carson, Jr: Board member W. J. Cotton, Jr., seconded the motion. The motion passed upon the following vote by members of the Board: Yeas 5, nays none, absent none. RESOLUTION RE: DURHAM & SOUTHERN RAILWAY COMPANY The following resolution dealing with Durham and Southern Railway Company was presented for action by the Board of Commissioners: Action AGREEMENT IT IS HEREBY ORDERED BY THE Board of County Commissioners of Harnett County, North Carolina, that the form of agreement between the said County and the Durham & Southern Railway Company, dated February 22, 1977, by the provisions of which the said Railway Company grants to the said County an easement or fight of way, within the limits therein set out, for construcing andmaintaining a public road or street crossing (including the usual appurtenances, such as a paved roadway, curbs, gutters, side- walks, shoulders, slopes, fills, cuts and drainage facilities) at grade across the right of way and track or tracks of said Railway Company at or near Erwin, North Carolina; as particularly described in said agree- ment and as more fully shown on the print attached to and made a part of said agreement, be and the same is hereby approved." Further that the Chairman and Clerk of said Board are hereby authorized an directedto execute said agreement in the nave and on behalf of said County." Commissioner M. H. Brock moved that the Chairman and Clerk of the Board are hereby authorized to execute the resolution document, Commissioner Cotton seconded the motion and the issue passed unanimously. THIS EASEMENT AGREEMENT, Made and entered into this 22nd day of February 1977, by and between the DURHAM AND SOUTHERN RAILWAY COMPANY, a North Carolina corporation, hereinafter referred to as Grantor, and HARNETT COUNTY, of the State of North Carolina, hereinafter referred to as Grantee: WITNESSETH, That Grantor, for and in consideration of One Dollar to it in hand paid by Grantee, the receipt whereof is hereby' acknowledged, and of the covenants and agreements to be kept and performed by Grantee as hereinafter expressed, hereby grants to Grantee an easement, or right of way, within the limits hereinafter set out, for constructing and maintaining a highway or street crossing (including the usual appur- tenances such as a paved roadway, curbs, gutters, sidewalk, shoulders, slopes, fills, cuts and drainage facilities) at grade across the right of way and track or tracks of Grantor at or near Erwin, North Carolina, said crossing being 20 feet in width, i.e., 10 feet wide on each side of a line which extends across said right of way in a northeast- southwest direction and intersects the center line of Grantor's main track at a point 1,387 feet northwestwardly measured along said center line from Milepost 53; as shown outlined in red on the print attached hereto and mad= a part hereof; Grantor's right of way being 50 feet wide on each side of said center line. And Grantee hereby covenants and agrees in consideration of said easement: 1. Said crossing shall be constructed and maintained at the cost and ex- pense of Grantee, but in a manner and of materials satisfactory to the Div- ision Engineer-of Grantor, and that all incidental expenses necessarily incurred in connection therewith shall be borne by Grantee; except, how- ever, that Grantor will construct and maintain the portion of said crossin between the rails of said track or tracks and for two feet on the outside of each rail thereof and the cost of that portion of said crossing shall be borne by the parties hereto as currently required by the laws of the State of North Carolina, i.e., 50 percent by the Grantee and 50 percent by the Grantor for construction or improvement, and 100 percent by Grantor for maintenance. 2. Grantor reserves the right, if it so desires, to construct an additiona track or tracks across the land covered by this easement. 3. Grantee, for and in consideration of the privileges and benefits granted by Grantor, and benefits flaying therefrom unto Grantee, agrees 113 11 to save harmless Grantor, its successors and assigns, from any and all claims, including attorneys' fees, arising out of any suit, on account of personal injuries or damage to property of whatsoever nature arising during the construction or reconstruction of said crossing; and Grantee agrees to indemnify and save harmless Grantor, its successors and assigns, from any and all damages, including attorneys' fees, that might occur to Grantor on account of improper dr faulty drainage at said crossing due to the construction or reconstruction thereof. 4. It is expressly understood and agreed that if at any time in the future the Grantee or other Governmental authority should determine that safety requires protection other than that afforded by stop signs, such as flashing light signals and /or gates, or other safety devices, the parties hereto will Dartininata in *Inc m e+ „a F.• - : -w - -- - - - -• ng by e BGI TO SITE bOuM AnY IIPROPOSED RAILROAD CROSSING FOR ACCESS TO THE HARNETT COUNTY SANITARY LANDFILL SITE 4 RESOLUTION HONORING CAMPBELL COLLEGE The following resolution honoring the Campbell College Basket- ball team was presented to the Board: Action WHEREAS, the Campbell College Basketball Team are excellent representatives of the County of Harnett and the State of Nort Carolina, and WHEREAS, this basketball team reached the finals of the Nat- ional Association of Intercollegiate Athletics Basketball Tournament on March 12, 1977, and WHEREAS, this basketball team won the Sportmanship Trophy for their quality competition, and WHEREAS, members of this team, Sam Staggers and Don Whaley, sere placed on the All- Tournament Team and Don Laird received t Hustle Award, and WHEREAS, Coach Danny Roberts has compiled an outstanding record of 184 wins and 76 losses in nine years of coaching and 20 wins and 10 losses for the year 1976 -77: We, the Harnett County Commissioners, Jesse Alphin, M. H. (Jack) Brock, W. J. Cotton, Jr., Bill Shaw, and Lloyd G. Stewart, declare this, the fourth day of April, 1977, as Campbell College Appreciation Day. Commissioner Brock moved that the foregoing resolution be adopted, Commissioner Cotton seconded the motion and the issue parried. The Chairman ordered that the resolution be spread upon the minutes, that each player, coach, manager and the President of the College be presented with an executed copy of the resolution, as well as the news media. CA -SOUTH ERWIN WATER PROJECT A contract between the County of Harnett, Community Develop- ment Grant and the South Erwin Water Project was presented to the Commissioners for action. This contract deals with the employing of Moore, Gardner & Associates for plans dealing wit facility study for South Erwin for stipulations contained in the_content of the Contract. Commissioner Brock moved that the Camtract be. executed, by, the Chairman of the Board and the Clerk to the-Board,-and that authority be hereby granted there to. Commissioner Stewart seconded and the issue passed unan- imously. contract -S. Erwin ENGINEERING SERVICES CONTRACT COUNTY OF HARNETT NORTH CAROLINA This agreement, made and entered into this the 4th day of April, 1977, be and between Moore, Gardner & Associates, Inc., Consulting Engineers of Asheboro, North Carolina, hereinafter referred to as teh Engineer and the County of Harnett, North Carolina, a body politic duly organized and existing under the laws of State of North Carolina, hereinafter referred to as the Owner. w i t n e s s e t h That whereas, the Owner desires to employ the Engineer to do and perform certain services incident and necessary to providing water service and fire flows to residences of the South Erwin Community, with said water lines to be connected to the existing system of the Town of Erwin, North Carolina; and the Engineer has agreed to accept Ruch employment; the said parties in consideration of the mutual undertakings herein assumed and agreed upon do hereby mutually agree, each with the other as follows: 1. The Engineer will, upon written notification from the Owner, forthwith proceed to prepare preliminary plans and surveys covering the required facilities will be submitted to the governing Board of the Owner for its a approval prior to execution of any detailed plans for construction of the facilities ordered to be planned. For this service, the Owner agrees to pay to the Engineer the lump sum amount of two thousand dollars ($2,000.00). 2. At any time after the date on which such preliminary plans are submitted to the Owner, 115 the Engineer will upon request of the owner, prepare and furnish to the Owner complete plans and specifications for the performance of all work necessary for the provision of the facilities authorized to be planned and will, in addition thereto, secure for the Owner the approval of all governmental agencies having jurisdiction or control over the facilities or anything or matters incident thereto. Upon the obtaining of such approval and the submission to the Owner such plans and specification, together with five (5) complete copies thereof and which plans and specifications shall be in due and proper form to permit the receiving of bids thereon; the Owner shall pay to the Engineer the lump sum amount of Nine thousand ten dollars ($9,010.00). 3. No easements or rights -of -way are anticipated, but should it become necessary to secure these items, at the request of the Owner, the Engineer will perform land and property surveys for the purpose of securing easements, the Engineer shall upon request of the Owner perform all necessary property surveys and prepare written descriptions of required easements in ready form for the Owner and its counsel to prepare legal documents for execution by property owners. For this service, the Owner agrees to pay the Engineer, total salary costs times multiplier of 2.5. 4. In the event the Engineer shall perform the services setout in paragraphs 2, or 2 and 3 above and the Owner shall thereafter desire to advertise for bidders and consider awarding of Contracts for the performance of such work, the Engineer will assist the Owner in the receiving and awarding of a Contract and /or Contracts for the construction of such work; the Engineer will supply all plans and speci- fications required for the use of Contractors expressing an interest in offering a Proposal on construction of such work. The Engineer will, after receipt of bids, tabulate all bids received; study and analyze the results of such bidding and prepare a written discussion of bids, including recommendations to the Owner for actions to be taken for disposition of bids received on construction of such work. Upon receipt of Contract Proposals on such work as is authorized and delivery of the discussion of bids and recommendations of the Engineer to the Owner, the Owner shall pay to the Engin -er, the lump sum amount of One Thousand five hundred dollars ($1,500.00). 5. The Engineer will likewise, at the option of the Owner, provide resident construction observation services of such Project as may relate to materials and work during theperiod of Construction. For this service, the Owner shall pay to the Engineer, the sum of six thousnad eight hundred seventy dollars $$6,870.00), with payments to be made in monthly periodic intervals, based upon construction progress. 6. In order to comply with the requirements of approving governmental agencies, it is specifically understood by the Engineer that the following actions will be part of the services to be rendered to the Owner by reason of this Contract Agreement in accordance with such services as authorized: (1) To provide plans, specifications, contract documents and other data required for the Project. (2) Attend bid openings and prepare and submit tabulation of bids. 116 (3) Submit a construction progress report once each month to the Owner, with a copy to any governmental agency having supervision over the Project, covering the general progress of the job and describing any problems or factors contributing to delay. (4) Provide adequate on -site construction services for the Project. (5) Collect and submit copies of weekly payrolls for all Contractors and Sub- contractors for compliance with the labor standards provision of the construction contract. A copy of each payroll will be furnished to any approving governmental agency requiring copies. (6) Prepare and submit proposed Contract Change Orders. (7) Prepare a construction schedule and expedite Contractor maintenance of said schedules. (8) Review and approve each Contractor's schedule of amounts for contract payment. (9) Certify partial payments to Contractors. (10) "Record drawings" will be prepared and furnished to the Owner and involved government agencies. 7. It is furhher agreed and understood that the total professional fee to be paid the Engineer by the Owner for all services, excepting surveying services as set out under Article 3, rendered pursuant to this agreement shall not exceed the total sum of nineteen thousand three hundred eighty dollars ($19,380.00) for the following described project scope: (a) New 16 -inch diameter water main along 15th Street between "B" Street and NC Highway No. 82 and along NC Highway No. 217 to the west 2,000 feet, and along NC Highway No. 82 from NC Highway No. 217 to apoint approximately 1,000 feet east of NC Sr. No. 1775. (b) New 8 -inch diameter water main from Erwin's south corporate limits along NC Highway No. 82 to NC Highway No. 217. (c) Approximately 2,700 LF of 6" mains, 3,350 LF of 2" mains in area streets to serve area residences of South Erwin. (d) New fire hydrants, including 6 -inch gate valves, along new 16, 8 and 6 -inch water mains. (e) Provide service lines and meters to all residences along the routes of the water mains to 5.' of structure where eligible. Eligibility determinations are the responsi- bility of the owner. 8. Work performed on this Contract shall be in accordance with rules and regulations of Town of Erwin and plans and specifications developed to meet Town of Erwin's standard, as evidenced by approval signature of Town of Erwin Superintendent of Public Works on final plans and specifications developed for the project. 9. Termination of Contract. Should there be cause of substantial failure to perform in accordance with the terms hereof by either party, this Agreement may be terminated by either party upon receipt of fifteen )15) days written notice by the party to be terminated. If this Agreement is so terminated, the Engineer shall be paid for services performed and reimbursable expenses incurred prior to receipt of written notice of termination, said payments based upon total personnel salary costs incurred multiplied by the factor of 2.5 plus direct expenses chargeable to the applicable projects underway at the time of termination. 10. Contract Alterations. There are no understandings or agreements verbal or otherwise beyond the articles of agreement contained herein, unless attached hereto as properly executed contract amendments. 11. Access to Work. Where applicable, representatives of federal and state governments will have access to the work whenever it is in preparation or progress. Any authorized representative of the state or federal governments or the Owner shall have access to any books, documents, papers and records which are pertinent to the project for the purpose of making audit, examination, excerpts, and transcriptions thereof. D -Town of Coats Wastewater ONTRACT A contract between Harnett County Community Development Grant and Town of Coats Wastewater Collection System, re: engineering services was presented for consideration of the Board. Commissioner Brock moved that the Chairman and the Clerk to the Board be and they are hereby authorized to execute the agreement and Contract on behalf of the County. Commissioner Stewart seconded and the motion passed unanimously. ontract ENGINEERING SERVICES CONTRACT LILLINGTON, NORTH CAROLINA COUNTY OF HARNETT THIS AGREEMENT, made and entered into this the 4th day of April, 1977, be and between Moore, Gardner & Associates, Inc., Consulting Engineers of Asheboro, North Carolina, hereinafter referred to as the Engineer and the County of Harnett, North Carolina, a body politic duly organized and existing under the laws of State of North Carolina, hereinafter referred to as the County. W I T N E S S E T H That whereas, the County desires to employ the Engineer to do and perform certain services incident and necessary to protiding an initial wastewater collection system for the Town of Coats, under the Community Development Program for Harnett County, with said wastewater collection lines to be designed to integrate with the system recommended by the 201 facilities plan for the area; and the Engineer has agreed to accept such employment; the said parties in consideration of the mutual undertakings herein assumed and agreed upon do hereby mutually agree, each with the other as follows: 1. The Engineer will, upon written notification from the County, forthwith proceed to make required surveys, studies, and pre,iminary plans to meet the requirements of the Town of Coats to service the need as may be out- lined, in the written notification, in a manner to comply with the regulations of any State or Federal Agency having jurisdiction over the work ordered to be performed and to meet the standards of modern engineering practices. Preliminary plans, surveys and reports covering the required facilities will be submitted to the governing Boards of the County and Town of Coats for their approval prior to final printing of twenty -five (25) copies for distribution by the County. For this service, the County agrees to pay to the Engineer the lump sum of seven thousand dollars ($7,000.00). Schedule of payment shall be as follows: $1050.per month as the work progresses ($6,300 max); and final payment of 10% ($700) upon acceptance of the final report. 2. Termination of Contract. Should there be cause of 118 substantial failure to perform in accordance with the terms hereof by either party, this Sagreement may be terminated by either party upon receipt of fifteen (15) days written notice by the party to be terminated. If this Agreement is so termianted, tie Engineer shall be paid for services performed and reimbursable expenses incurred prior to receipt of written notice of termination, said payments based upon total personnel salary costs incurred multi- plied by the factor of 2.5, plus direct expenses ch- argeable to the applicable projects underway at the time of termination. 3. Contract Alterations. There are no understandings or agreements verbal or otherwise beyond=:the articles of agreement contained herein, unless attached hereto as properly executed contract amendments. 4. Access to Work. Where applicable, representatives of federal and state governments will have access to the work whenever it is in preparation or progress. Any authorized representative of the state or federal governments or the County shall have access to any books, documents, papers and records which are pertinent to the project for the purpose of making audit, examination, excerpts and transcrip- tions thereof. APPOINTMENTS TO AGING PLANNING COMMITTEE Commissioner Stewart moved that the following appointments be made to the Aging Planning Committee, as suggested by May Marshbanks, Coordinator: Lincoln Blanding, Bernice'Ballance, Rachel Bailey and Mary Copling. Commissioner Cotton seconded and the issue passed. PROCLAMATION The following proclamation was officially adopted by the Board by a motion made by Commissioner Brock, a second by Commissioner Cotton and a unanimous vote: Whereas, the effective and efficient delivery of services by many agencies and institutions in the county is dependent upon volunteer aid; and Whereas, many citizens of all ages in the County are giving their time, talents,and end gy to accomplish these ends; and Whereas, all citizens of the County are deeply appreciative of the services these volunteers provide; Therefore, as an expression of their appreciation, the Har- nett County Board of Commissioners hereby proclaims the week of April 24 through May 1st to HARNETT COUNTY VOLUNTEER RECOGNITION WEEK and commends this observance to the county's citizens. MANAGER REPORTS The County Manager reported to the Board of the progress of the landfill sites and other pertinent matters. ANTI RECESSION FUNDS APPROPRIATED CONSTRUCTION PROJECT Commissioner Brock moved that anti - recession funds in the amount of $33,525. held now in the General Fund be appropriated to the landfill budget. Commissioner Cotton seconded and the issue passed unanimously. Commissioner Shaw and Brock reported that the proposed cons- truction to the Sheriff's building is not a feasible plan and that their recommendation is that this project be dropped. ADJOURNMENT Commissioner Cotton moved for adjournment; the time was 11:45 A.M. f,�. etary i Abreme.gli e hairman Cler