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HomeMy WebLinkAboutMinutes Council 041290CITY COUNCIL ® WORKSHOP MEETING CITY OF PALM BEACH GARDENS APRIL 12, 1990 The Workshop Meeting of the City Council of the City of Palm Beach Gardens, Florida, was called to order by Mayor Martino at 8:00 P.M. in the Assembly Room of the Municipal Complex, 10500 North Military Trail, Palm Beach Gardens, Florida, and opened with the Pledge of Alleigance to the Flag. ROLL CALL The Secretary called the roll, and present were Mayor Martino, Vice Mayor Aldred, Councilwoman Monroe, Councilman Kiselewski and Councilman Russo. ANNOUNCEMENTS The Mayor announced there would be a meeting of the City Council on the Land Development Regulations at 6:00 P.M. on Tuesday, 4/17/90 in the Council Chambers, a meeting on Tuesday; 4/17/90 at 5:30 P.M. at the Central Fire Station of the Policemen's Retirement Trust Fund Board and on ® Wednesday, 4/18/90 at 6:30 P.M. in the Council Chambers, there will be an Art Advisory Committee Meeting. The City's Administrative Offices will be closed Friday, 4/13/90, in observance of Good Friday. ITEMS BY THE CITY MANAGER VIDEO X-TRON The City Manager reported on the neon liohting requested by Video X-Tron on Northlake Boulevard. Video X-Tron wants to frame every window in the store with red neon l,ghting dr.d el'.'ct a sign on the back wail of the store with same neon. After discussion by the City Council, it was the consensus of the Cooncii for Staff to review the problem and give recom- mendations to the Council at their Regular Meeting of 4/19/90. PUBLIC GOLF COURSE The City Manager reported on the update from Public Golf Corporation re: the public golf course. The City Manager felt the City needed to have a team in place to manage the golf course in the event all approvals are CITY COUNCIL WORKSHOP MEETING, 4/12/90 PAGE Two 0 received by July 31st. LEGISLATIVE BULLETIN The City Manager stated he has written a letter to the Governor and the Palm Beach County Legislative Delegation opposing the reduction of the local governments half-cent sales tax and the new proposed ciagarette tax. SCHOOL CROSSING GUARDS The City Manager stated he attended a meeting with other managers to discuss the County's deleting the school crossing guard funding. The City Manager stated the County is moving forward to have the municipali- ties pay for the school crossing guards and the consensus of the admi- nistrative managers is to try to have the municipalities strike a happy medium with the County to split the cost 50/50. The City Manager stated if this is not possible, the only recourse will be to increase taxes or ® �! cut back on the number of school crossing guards. The City Manager stated a proposal will be brought up at the Municipal League Meeting to ask the County to, through the Legislative Delegation, put the responsiblity of school crossing guards with the School Board. REPORTS BY THE MAYOR AND COUNCIL MAYOR MARTINO Mayor Martino stated the report on the Traffic Performance Standards Ordinance he was �:ing to present is rather lengthy and will give that report at the end of the Agenda, if time permitting, and schedule for workshop at the Regular Meeting of 4/19/90. COUNCILMAN RUSSO Councilman Russo stated he was proud of the police department on the great job they did for the Italian Street Festival„ Mayor Martino stated it would be appropriate for the City Council to applaud the improvement and the effort the Italian Committee and the Sons of Italy put forth in CITY COUNCIL WORKSHOP MEETING, 4/19/90 PAGE THREE putting on the event. ITEMS BY THE MAYOR AND COUNCIL MAYOR MARTINO Mayor Martino reported on a letter received this week from the Lester A. Dine Corporation re: reduction of the square footage by approximately 1,500 square feet in the proposed building in the PGA National CoTanerce Park. Rich Walton, Director of Planning and Zoning, stated the reasons for the reduction in the size of the building is because they would have to install sprinklers in the building. They do not want to sprinkler the building because of the equipment and operation. If there was a malfunc- tion with the sprinkler systems, it could destroy the equipment and film. �t The building will be shifted from the south up and will be reducing 3 or 4 parking spaces. Susan Sessa, representing Belini Equities Inc., William Glassgold, Presioent, stated six families are being moved to South Florida and they would like to get the building permit and the building built and settled before School starts. Mayor Martino stated he wanted a consensus from the City Council to ;:ace this item on next week's Agenda. There was a consensus of the City Council to place this item on the Regular Meeting Agenda of 4/19/90. COUNCILMAN RUSSO In response to Councilman Russo, the City Manager stated they have received a report from Dr. Nicholas and the City needs to adopt t eir Public Safety Element for the Comprehensive 'and Use Plan. E CITY COUNCIL WORKSHOP MEETING, 4/12/90 0 PAGE FOUR Attorney Brant will put together an enabling ordinance. COUNCILWOMAN MONROE Councilwoman Monroe stated she would like to place a time limit on the council meetings, especially workshops, and also allow reasonable time for the public observations or input. Mayor Martino stated the City Council needs to stop continuous and repetative dialogue on subjects the Planning and 2—ing Department and the Planning and Zoning Commission has already covered, and set policy and approve what is given to the Council. Councilman Russo stated he agrees with Councilwoman Monroe in that the Council needs to look at putting a time limit on the meetings. Per a consensus of the City Council, this item will be scheduled for the Regular Meeting of 4/19190. UNCILMAN SELEWSKI Councilman Kiselewski stated that with the passing of Don Vogel, we are one member short on the advisory committee for the Land Development Regulations, and suggested replacing Mr. Vogel as soon as possible. Rich Walton stated at the next Planning and Zoning Ccmmission meeting he will see if someone will volunteer. Councilman Kiselewski stated he agreed with Vice Mayor Aldred's memo re: Non -Resident. Participation in YAA program. Councilman Kiselewski suggested breaking down the annual amount per user and not per family. Vice Mayor Aldred stated he considered that approach but was unable to do that within the confines of our own statistical information. RESOLUTIONS RESOLUTION 313, 1990 Rich Walton, Director of Planning and Zoning, addressed the City Council re: Resoltuion 33, 1090. Mr. Walton stated Mr. Bentz has brought the ori- CITY COUNCIL WORKSHOP MEETING, 4/12/90 PAGE FIVE ginal approved site plan to show the Council the area in question, and the lots involved. Mr. Walton stated the area in question is the southwest corner of the site, with a canal coming in from the west. Mr. Walton stated, after approval of the construction drawings, it was determined the canal exists on Siena Oaks property, not in the easement. It was determined the west bank line of the easement was 2' outside the back of existing units. At that point, Mr. Lindahl decided he did not have adequate information on surrounding units. Mr. Walton stated Mr. Lindahl is asking for a minimum of 5' setback on Lots 33 - 40 of the Patio Homes, and Lots 239, 240, 257, 258, 259 of the Estate Homes. ® In response to Councilman Kiselewski, the City Manager stated the survey was submitted to the owner of the property, but when he went to do the fill work and the survey for the construction to lay out the lots, found the canal had shifted to the East 3' to 4'. The City Manager stated the reason for the lower elevation, the dropoff of about a 2 to 1 slope, goes down to a maintenance berm which the City put in some years ago to keep the canal maintained. The City Manager stated the City is now trying to keep the cross-section so as to retain the same water retention, and keep the 4' elevation. Mayor Martino asked that in the Resolution, Attorney Brant specifically reference the above mentioned lots. n LA CITY COUNCIL WORKSHOP MEETING, 4/12/90 PAGE SIX Per a consensus of the City Council, Resolution 33, 1990, will be sche- duled for consideration of approval at the Regular Meeting of 4/19/90. The City Council asked that Mr. Bentz of Engle Homes remove the snipe signs from the roadways and landscape around the sign located on the corner of Burns Road and Allamanda Drive. RESOLUTION 51, 1990 Per a consensus of the City Council, Resolution 51, 1990, ratifying and confirming the Development Order, the Planned Unit Development and Halter Development Plan as approved by the Board of County Commissioners of Palm Beach County, Florida, as same pertains to all of the lands encompassing Frenchman's Creek lying south of Donald Ross Road, was scheduled for con- sideration of approval at the Regular Meeting of 4/19/90. SOLUTION 52, 1990 It was the consensus of the City Council, to elevate Joseph Hamzy from alternate to regular member to fill the unexpired term of Donald Vogel and appoint Carl Sabatello as an alternate member to fill the term of Joseph Hamzy. Poth terms of office expire November 16, 1990. Resolution 52, 1990 will be scheduled for :onsideration of approval for the Regular Meeting of 4/19/90. Vice Mayor Aldred suggested the City Council consider making a contribu- tion on behalf of Donald Vogel for his long years of service to the City to the memorial fund established in his name. RESOLUTION 53, 1990 Per a consensus of the City Council, Resolution 53, 1990, authorizing the Mayor and City Clerk to execute an Interlocal Agreement between Palm Beach County and the City for the Enhancement and Maintenance of the E911 El CITY COUNCIL WORKSHOP MEETING, 4/12/90 PAGE SEVEN Emergency Telephone Number System for the Fiscal Year 1990/1991, was sche- duled for consideration of approval at the Regular Meeting of 4119/90. ORDINANCES ORDINANCE 4, 1990 Rich Walton, Director of Planning and Zoning, addressed the City Council re. Ordinance 4, 1990, Enviornmentally Sensitive Land Ordinance, and stated the Ordinance has been reviewed by the Planning and Zoning Commission with a unanimous recommendation with concern that the enfor- cement and penalties be upped. Mr. Walton stated he has met with Councilman Kiselewski who had numerous comments, and spoke with Attorney Brant as haw to incorporate them into the Ordinance. Attorney Brant suggested since several were policy issues, they be brought before the City Council. Mr. Walton stated the 6 issues outlined in his memorandum of April 19, 1990 were the items to be discussed. 1. As to the exemption for single family residential lots, Attorney Brant suggested i-corporating Section 5 with Section 6 and the exemption would be "any lot of record as of this point and time is exempt". 2. Mr. Walton stated the issue is if the Council wants Staff to make the determinations subject to the applicant having appeal right to the Council. Mr. Walton stated the way it is now worded staff would decide whether the person meets any of the items for Section 6.01. This relates only to the vesting aspect. The Council asked that staff amend the language to make It clear. Per a consensus of the City Council, 113 years of this date" shall be inserted in the narrative of Section 6.01 before the semi -talon. ® 3. Non -conforming Uses. Mr. Walton stated there is a policy in the CITY COUNCIL WORKSHOP MEETING, 4/12/90 0 PAGE EIGHT Comprehensive Plan that within 1 year the City will come up with a program to either grandfather or eliminate them. Mr. Walton stated it would be hard to accomplish preservation of environmental land without Section 7. In response to Mayor Martina's statement about the annexation of lands and people and not changing their use, Attorney Brant stated the City should declare an internal grandfathering whatever the use was, but that usage cannot be increased or expanded. 4. Open -Space Requirements. Mr. Walton stated the Staff was allowing up to 50% of the required open space to be counted for the preservation area. The City Council had no problems with this Section. 5. Enforcement and penalties. Attorney Brant stated the current code calls for $250 per day and with any continuous violations, the board can fine up to $500 per day. Attorney Brant stated that another approach is 3 for 1, a part of mitigation. Attorney Brant stated another approach is a form of mitigation with a stop work order until mitigation is worked out. Another approach is a criminal provision of 60 days in jail and $500 fine or both. Attorney Brant stated these are the provisions being worked on at this time. Attorney Brant stated he cannot legally support the $5,000 fine. Attorney Brant suggested creating a code enforcement provision. Councilwoman Monroe stated she would like a different version of mitiga- tion, dollars to buy a piece of land which was destroyed that has equal trees, or a small parcel. It could perhaps be monies to go into this account to buy land that will `arever be preserved, as opposed to 3 for 1. CITY COUNCIL WORKSHOP MEETING. 4/12/90 PAGE NINE Mayor Martino stated the Council would like a tougher penalty section aimed at the 3 areas which were discussed and also include in a time frame as to how it would work frcn the time it was cited to the time it got to code enforcement. 6. Mr. Walton stated the basis of the ordinance is only areas that have habitat existing defined to be environmentally sensitive. Mr. Walton stated the City can do a thorough environmental study city-wide to iden- tify where the areas are today or we could wait and require the Developer to pay for the study if we have minimum reason to believe there is an environmental area existing on the site or a portion of the site. Per a consensus of the City Council, having the Developer pay for the ® study if conditions warrant same, was decided to be the best approach. The following are questions raised by Councilwoman Monroe: Section 3 (d): Determined by whom? Mr. Walton stated Staff would make a determination. Mr. Walton stated he does not feel there is land which could fall under this category in the city. Section 3 (g): In response to Councilwoman Monroe, Mr. Watton stated he b,lieved that portion of the high school being referenced would have been preserved under this ordinance, or at least 25% of the area. Section 4.02: In response to Councilwoman Monroe, Mr. Walton stated there are 3 endangered, threatened or special concerns, and the list of species is quite lengthy. Mr. Walton stated these lists are modified from timo to time. Councilwoman Monroe stated she felt some requirement should be placed on all native habitat. CITY COUNCIL WORKSHOP MEETING, 4/12/90 0 PAGE TEN Section 8.01, last sentence: How will Staff know if there is environmen- tally significant lands if you don't have an environmental assessment? In response, Mr. Walton stated determination could be made by looking at the aerials and a site visit. Councilman Kiselewski asked if we have the expertise to look at the aerial surveys and say yes or no that there is environmentally sensitive land. Mr. Walton stated he felt they have the staff to make the initial detemination, and that if they feel there is environmentally sensitive land, they will require the environmental assessment. Section 8.02 (g)(h): Do these items fit in this ordinance and what does it have to do with natural resource and environmentally sensitive habi- tats? Mr. Walton stated he does not know of any of these existing, and they are generally found together. Mr. Walton stated they will look at (g) and (h) and come back with a recommendation. Section 8.03: Councilman Kiselewski suggested changing "qualified and" to "verify or". Section 9.01 (c): In response to Councilwoman Monroe, Mr. Walton stated their intention is to reserve not less than 25% of the area which quali- fies for environmentally significant lands. Section 9.02 (b): Councilwoman Monroe suggested, and the Council agreed, to strike "street tree program" in the secund line. Attorney Brant stated in Section 4.01, Mr. Hendrickson is working on defi- nitions. Attorney Brant suggested and the Council agreed, to strike Section 6.03. CITY COUNCIL WORKSHOP MEETING, 4/12/90 MAGE ELEVEN Mr. Walton statad the changes could be done by the next workshop of 4/25/90. It was the consensus of the City Council to advertise second and final reading of Ordinance 4, 1990 for May 3, 1990. ORDINANCE 5, 1990 The City Manager briefly reported on Ordinance 5, 1990, Cable TV Franchise Ordinance. The City Manager stated Ordinance 5, 1990 would bring the City up to date to comply with the State and Federal Regulations and to bring a workable ordinance into the City so that when franchises are granted there will be some regulations. Under this ordinance, there will be no regulations of rates as they are regulated by the Federal Communications Commission. Per a consensus of the City Council, Ordinance 5, 1990 was scheduled for second and final reading and public hearing at the Regular Meeting of 5/3/90. ORDINANCE 9, 1990 Attorney Pant briefly commented on Ordinance 9, 1990, creating and adopting Chapter 37: Elections, which shall be refered to as "The Palm Beach Gardens Elections Code", stating the City does not have a code on the books. Attorney Brant stated the City needs an Election Code, because much of the State Election Code has no application to municipal elections. In response to Councilwoman Monroe, Attorney Brant stated Orainance 9, 1990, is what the City of Palm Beach Gardens has oeen doing according to the Charter requirements. In response to Councilman Kiselewski, Attorney 11 CITY COUNCIL WORKSHOP MEETING, 4/19/90 PAGE TWELVE Brant stated it would take a Charter change to schedule the municipal elections on the same date as the State General Election. Per a consensus of the City Council, Ordinance 9, 1990 was scheduled for first reading at the Regulzr Meeting of 4/19/90. .-EMS FOR DISCUSSION - BALLENISLES GUARDHOUSE Rich Walton, Director of Planning and Zoning, addressed the City Council re: Guardhouse approval at the entrance to BallenIsles off of PGA Boulevard. Mr. Walton stated staff has approval of the Fire Chief, Police Chief, Building Official, verbal approval of Waste Management. The only concern raised was the use of cocoanut palms and fiscus trees as a major entry feature. Donna Cessaro-Penque, Urban Design Studio, addressed the City Council and stated there are 2 inbound lanes and 2 exit lanes, with swing arm gates. The residents will have use of a key -card box. The facility will be manned 24 hours and the guard will allow access for guests, visitors and service people. The gate for guests is located further south to allow adequate turn -around. The exit lane gates are automated. Mrs. Penque stated the same colors and materials will be used as has been previously introduced. Mrs. Penque read a letter from their landscape architect in regard to the fiscus and coconut palm trees, stating the fiscus tree selected has been restricted to a cold tolerant variety and the cocoanut palms are cold sensitive, and are showing aggressive rejuventior,. In response to Councilman Kiselewski, Ken Blair, Hansen Properties, stated 11 CITY COUNCIL WORKSHOP MEETING, 4/12/90 PAGE THIRTEEN the gate has a clearance of 141, which is required by the State. The clearance for the residents' lane is 101. Mr. Blair stated once the other guardgates at the entrances are installed, they probably will not be covered. In response to Councilman Kiselewski, the City Manager stated the fire trucks will not be able to enter off of PGA Boulevard because of the overhang. Mrs. Penque was directed to ensure that all. vehicles used by the Fire Department can enter through these gates. Per a consensus of the City Council, Attorney Brant will prepare a resolu- tion for consideration of approval at the Regular Meeting of 4/19/90. STEEPLECHASE SAFE NEIGHBORHOOD DISTRICT Councilman Kiselewski stated he would like to have written approval from the County before the next meeting re: Steeplechase Safe Neighborhood District and Haverhill Road. In response to Councilwoman Monroe, Attorney Mathison stated it would take approximately 4 - 5 months to close Haverhill Road. In response to Councilwoman Monore, Terry Watson of Kimley-Horn, explained the building of the lanes on Military Trail, stating the intersections are large enough now to accept the new construction. Mr. Watson stated there may be some slow downs, but the traffic should continue to move freely. Attorney Brant stated that in addition to approving the development plan and the maintenance of that plan imposed by the City Code, we must address the statute and the statutory requirement before they can implement their plan. The Council must determine that it is not in conflict with the 41 Comprehensive Land Use Plan. Attorney Mathison stated Haverhill CITY COUNCIL WORKSHOP MEETING, 4/19/90 PAGE FOURTEEN Road has been taken off of the Palm Beach County Throughfare Plan, the City has taken it off of the transportation plan, and the Future Traffic Circulation Map. Attorney Brant stated tht, C, r,ty deeded Haverhill Road to the City, fee title, several months ago. Attorney Mathison was directed to clear up the point raised by Councilman Kiselewski re: V. This item has been scheduled for public hearing at the Regular Meeting of 4/19/90. PALM BEACH COUNTY SCHOOL BOARD Rich Walton, Director of Planning and Zoning, addressed the City Council regarding 3 petitions from the School Board, 2 dealing with the new ele- ELEMENTARY SCHOOL mentary school and I dealing with the middle school. Mr. Walton stated the Planning and Zoning Commission, on all 3 peititions, recommended approval with several conditions. The Planning and Zoning Commission recommended 2 conditions, as well as those already approved for the middle school. Mr. Walton stated there was a field inspection to v,S:t two schools in West Palm Beach which were designed similar to what is being proposed. Mr. Walton stated the minutes from the field inspection were included in the package and the Council directed Staff to include those observati ; as conditions for approval. Augustin Hernandez, Palm Beach County School Board, addressed the City Council detailing where the elementary school and the middle school are located. Mr. Hernandez showed the Council a composite drawing of the two schools CITY COUNCIL WORKSHOP MEETING, 4/12/90 0 PAGE FIFTEEN showing the bus loops, parent drop-off, and staff parking for both schools. Mr. Hernandez stated the bus loop has been increased due to the additional of the elementary school. Mr. Hernandez stated there will be a sidewalk at the southeast corner of the site of the middle school, extended from the east property line to the north property line and will run with the roadway continous all the way out to the Central Blvd. sidewalk system. Mr. Hernandez stated the School Board has been working with Palm Beach County Engineering to install a sidewalk from PGA Blvd. along the east side of Shady Lakes Drive, north to the south property line of the school. The target date of the sidewalk installation is concurrent with the opening of the school. The on-site sidewalk will be 8' wide. Am Mr. Hernandez stated he attended a meeting of the Garden Lakes Homeowners IV Association to see if they would consider a gateway through the parking lot on the west side so the children would be able to meet up with the sidewalk. The Council raised questions re: the ditch along Shady Lakes Drive which would prohibit children from crossing over from Garden Lakes. Mr. Hernandez stated he is not sure if Garden Lakes would go along with the proposal, but if so, the School Board would tike to work with them on this problem. Mr. Hernandez stated he has received verbal confirmation that thL School Board meets the DERM requirement, but has not yet received the permit. Mr. Hernandez stated the architect has put in parking islands every 10 spaces. Mr. Hernandez presented the color board for the front elevation of the middle and elementary schools. Mr. Hernandez stated the CITY COUNCIL WORKSHOP MEETING, 4/12/90 0 11 PAGE SIXTEEN middle school's coior of the brick will be a light beige and the color of the roof will be dark gray with a green fleck in it. The window frames and the facia will be a dark anodoized metal. The stucco is gray and the doors and trim is a dune gray. Mr. Hernandez stated the elementary school will have no stucco because it is mostly brick and the brick will be a light beige and the same color roof tile as in the middle school. Each school would have a separate identity with the different colors. Per a consensus of the City Council, the color schemes for the schools were approved. in response to Councilman Kiselewski, Fir. Hernandez pointed out the loca- tion of the vents for the cafeterias and stated they are situated on the roof away from the public sight. Per a consensus of the City Council, Mr. Hernandez was directed to paint the vents and install the sidewalk. In response to the City Manager, Mr. Hernandez stated construction traffic is using Shady Lakes Drive and they have asked their project manager to issue a notice to his superintendent of the job to inform the men to avoid using Shady Lakes Drive. As to Palm Beach Gardens Community High School, Mr. Hernandez stated the landscaping plan, has been approved by the Board and they are going to move forward within the next 30 days to re- landscape the west side of the CITY COUNCIL WORKSHOP MEETING, 4/12/90 0 PAGE SEVENTEEN retention area, and install the new 4' high, black, vinyl- coated fence. These items will be scheduled for first reading at the Regular Meeting of 5/17/90. Mr. Hernandez stated there will be a curriculum offered at the GGG site, high school, dealing with the environmenal trails, for students to learn about the environment. Mr. Hernandez stated they would like to present a Master Interlocai Agreeme between the School Board and the City that would set the relationship of sharing facilities between H.L. Watkins and Lake Catherine Sports Complex, and as each facility comes in there would be an addendum to the Interiocal the addendum would list the obligations `or zoning, the responsibilities and what they would be willing to share. Mr. Hernandez stated they are going to formalize H.L. Watkins by moving the buses to the south side, and moving the ball fields. Mayor Martino requested Mr. Hernandez and his staff work with the City Attorney. and scheduled the first reading of these ordinances 5/3/90, with second reading and public hearing scheduled for the Regular Meeting of 5/17/90. HEALTH CARP & RETIREMENT CORP. Rich Walton, Director of Planning and Zoning, addressed the City Council re: Health Care & Retirement Corporation, Prosperity Oaks Pud, re: amendment to the roof material specifications requested by the State Department of Rehabilitative Services. Attorney Dennis Koehler, representing HCR Corp., addressed the City Council and presented samples of the roof tile materials in the rust red 0 color approved by the City Council approximately 6 months ago. The CITY COUNCIL WORKSHOP MEETING, 4/12/90 PAGE EIGHTEEN Planning and zol,ing Commission suggested a light pink beige wall with a tile roof. Attorney Koehler stated HRS has a problem with the homosote and the fire retardent plywood because neither of the materials meet the non - combustible standards of the State. Therefore, the alternative is to ask for a different roof material which would be a standing seam metal roof of 24 gauge metal. Attorney Koehler stated the chrome screws will not show. David Seitz, National Manager of Construction of Health Care & Retirement Corporation, addressed the City Council and reiterated Attorney Koehler's statements and stated MRS will not allow any combustible material in the structure of the nursing homes. Per a consensus of the City Council, Attorney Brant will prepare a resolu- tion for consideration of approval at the Regular Meeting of 4119/90. ADJOURNMENT There being no further business to discuss, the meeting was adjourned at 11:50 P.M. APPROVAL MAYOR MARTINO ,_COUNCILWOMAN MONROE VICE MAYOR ALDRED COUNCILMAN KISELEWSKI :LMAN RUSSO ATTEST: /f '_ l / EGA M. RIEF; SECRETARY U