HomeMy WebLinkAboutApril 26, 1994OFFICIAL PROCEEDINGS
COLUMBIA HEIGHTS BOARD OF TRUSTEES
VOLUNTEER RELIEF ASSOCIATION
APRIL 26, 1994
o
The Board of Trustees was called to order at 9:55 p.m. by Mayor Sturdevant.
ROLL CALL
Jolly, Nawrocki, Ruettimann, Peterson, Sturdevant- present
APPROVAL OF MINUTES
Motion by Nawrocki, second by Peterson to approve the minutes of the April 1 I, 1994
Board of Trustees Meeting as presented. Roll call: All ayes
RECOMMENDATIONS FOR RELIEF ASSOCIATION MEMBERSHIP
Motion by Peterson, second by Jolly to have the Fire Department Volunteer Relief
Association Board of Trustees take official action to accept Patrick F. Lane and Jason M.
Vant as members of the Association effective May 1, 1994. Roll call: All ayes
JEFFREY C. LUNDGREN TERMINATION
Motion by Nawrocki, second by Jolly to accept the resignation of Jeffrey C. Lundgren,
Voluteer Fire Department, effective April 1, 1994. No Relief Association benefits have
been accrued. Roll call: All ayes
ADJOURNMENT
Motion by Peterson, second by Nawrocki to adjourn the Board of Trustees meeting at
10:01 p.m. Roll call: All ayes
~/~/~ayor JoSeph ~turdevant
nne Student, Council Secretary
OFFICIAL PROCEEDINGS
COLUMBIA HEIGHTS CITY COUNCIL
RECONVENED COUNCIL MEETING
APRIl. 26, 1994
The Reconvened Council Meeting was called to order at 7:30 p.m. by Mayor Sturdevant.
1. ~
Jolly, Nawrocki, Ruettimann, Petersou, Sturdevant - present
ORDINANCES & RESOLUTIONS (cont.)
a. First Reading - Ordinance No. 1286: Amending Pool Hall License Requircmrats
Copies of the revised Ordinance No. 1286 were distributed as drafted by the City
Attorney. Also distributed were copies of Ordinance No. 1287 which is a related
ordinance pertaining to zoning amendments.
It was pointed out that 5.402(8) addresses a conditional use permit and 5.402(7) addresses
distances and patrons.
Councilmember Ruettimann requested a definition of "legal guardian." The City
Attorney noted it is defined in several different ways in State Statute but he would check
this matter. Councilmember Nawrocki suggested it may be defmed in the Liquor
Ordinance. The City Manager advised the definition is not included in the Liquor
Ordinance.
The City Manager reviewed 5.402(9) which states the conditions for revocation or
suspension of the license.
Councilmember Nawrocki again stated his opinion that the present pool hall ordinance
should not be eliminated but a conditional use portion should be added.
Various concerns with the proposed ordinance were addressed which included license
fees, guidelines for conduct on the premises, verifiable complaints, legal guardian, and
referral to Police Department.
The City Attorney read a definition of legal guardian from a law book. Couacilmember
Ruetfimann felt it was still confusing and wants the term "legal guardian" omitted from
the ordinance.
Motion by Peterson, second by Ruettimann to waive the reading of the ordinance there
being ample copies available for the public. Roll call: AH ayes
REGULAR COUNCIL MEETING
APRIL 26, 1994
PAGE 2
ORDrNANCE NO. 1286
BEING AN ORDINANCE AMENDING ORDLNANCE NO. 853, CITY CODE OF
1977, PERTAINING TO POOL HAIJ~ LICENSE REQUIREMENTS
The City of Columbia Heights does ordain:
Chapter 5, Article IV, Section 2 (5.402), of Ordinance No. 853, City Code of 1977,
which currently reads as follows, to wit:
POOL HALLS
SECTION 2
5.402(1) No person shall operate or maintain a pool hall or pool table on any premiss
used for a business or commercial activity without a license issued pursuant to the
provisions of this chapter.
5.402.(2) A license application for operation of pool tables on the same premises as any
other licensed business or proposed commercial activity shall contain a statement
indicating:
(a) the nature of other licensed or proposed business or commercial activity,
(b) the name of the licensee or license applicant for such a business,
(c) whether the licensee or operator of the pool hall or pool tables would have operational
control over both business activities.
(d) whether the operation of pool tables would be an incident of said other licensed
business, or would be an independent separate business sharing the same premises.
5.402(3) Applications shall contain a statement of the number of pool tables to be utilized
and whether the tables are coin operated.
5.404(4) Applications shall he referred to the Chief of the Fire Prevention Bureau and
the Building ln~ztor for an inspection of the premises and a report indicating whether
the premises are in compliance with all applicable ordinances and regulations, unless the
same premises have been previously inspected within the same calendar year in
conjunction with the issuance of a license for any other business or commercial activity.
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APRIL 26, 1994
PAGE 3
5.402(5) Applications under this section shall include a statement whether the applicant
has ever been convicted for violation of any law relating to gambling activities. Such a
conviction may be grounds for denial of said license application.
5.402(6) No pool hall licensed under this section shall be located within three hundred
feet (300') of any school building or church.
is herewith amended to read,
5.402(1) No person shall operate or Baaintain a pool hall or pool table on any premises
used for a business or commercial activity unless that person
(a) possesses a license issued pursuant to the provisions of this chapter; and
(b) is at least eighteen years of age at the time of submitting an application for licensure
pursuant to the provisions of this chapter.
5.402(2) For the purpose of this section, the terms "pool hall" and "billiards hall" shall
mean any building, structure or tract of land which has as at least one use or activity
providing of any of the following or any combination of any of the following
amusements:
(a) billiards/pool (not coin opera~)
(b) snooker (not coin operated)
(c) bumper pool (not coin operated)
(d) table tennis (not coin operated)
(e) less than nine (9) arcade games or devices as defined by 5.411(2)(b-e).
5.402(3) A license application for operation of pool tables on the same premises as any
other licen.e~d business or proposed commercial activity shall contain a statement
indicating:
(a) the nature of other licensed or proposed business or commercial activity;
0a) the name and date of birth of the licensee or license applicant for such a business;
(c) whether the licensee or operator of the pool hall or pool tables would have operational
control over both business activities;
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APRIL 26, 1994
PAGE 4
(d) whether the operation of pool tables would be an incident of said other licensed
business, or would be an independent business sharing the ~me premises;
5.402(4) Applications shall contain a statement of the number of gaming tables to be
utilized, and whether the tables are coin operated and if arcade games are to be utilized,
the number of said games.
5.402(5) Applications shall be referred to the Chief of the Fire Prevention Bureau and
the Building Inspector for an inspection of the premises and a report indicating whether
the premises are in compliance with all applicable ordinances and regulations, unless the
same premises have been previously inspected within the same calendar year in
conjunction with the issuance of a license for any other business or commercial activity.
5.402(6) Applications under this section shall include a statement whether the applicant
has ever been convicted for violation of any law relating to gambling activities. Such a
conviction may be grounds for denial of said license application.
5.402(7) No pool hall licensed under this section:
(i) shall be located:
(a) within three hundred (300) feet of any school building or church, or,
Co) if no alcohol is served at the pool hall or billiards hall, within two hundred
(200) feet of any school building or church:
(ii) Any pool hall or billiards hall operating pursuant to 5.402(7)(i)(b) shall prohibit any
person not at least 18 years of age from entering the establishment as a patron unless
accompanied by a parent or legal guardian.
5.402(8) For any person operating a pool hall or billiards hall pursuant to thi~ section
5.402, a conditional use permit shall be required and issued pursuant to and in accordance
with the provisions of Chapter 9.105(5).
5.402(9) The license may be revoked or suspended in accordance with thi~ Chapter
whenever the licensee, its owner, manager, or any .of its employees or agents have
engaged in any of the following conduct:
(a) Fraud, deception or misrepresentation in connection with the securing of a
license;
Co) Conduct inimical to the interests of public health, safety and welfare;
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APRIL 26, 1994
PAGE 5
(c) Conduct involving moral turpitude;
(d) Conviction of an offense involving moral turpitude by any court of competent
jursidiction;
(e) Failure to comply with any of the provisions of this section or engaging in
conduct which would be grounds for denial of an initial application for licensure.
In addition to the grounds for revocation set forth in subsections (a) through (e) above,
it shall be grounds for revocation of the license if the Police Department for the City
receives five or more complaints within one month's time of any of the following
activities occurring within, upon or around the premises operating the licensed pool hall;
fencing of stolen goods, possession and/or distribution of controlled substances, public
intoxication, disorderly conduct or assault.
First reading: April 26, 1994
b. First Reading - Ordinance No. 1287, Pertaining to Zoning Amendments
Motion by Peterson, second by Ruettimann to waive the reading of Ordinance No. 1287
there being ample copies available for the public. Roll call: All ayes
Councilmember Nawrocki referred to the memo received from the City's Police
Department which addressed problems experienced with pool halls in other communities.
lie hoped the provisions of the ordinance will avoid the problems experienced in other
cities. He mentioned to the applicant he is is hopeful she fully understands the chances
she is taking.
ORDINANCE NO. 1287
BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF
1977, PERTAINING TO ZONING AMENDMENTS
The City of Columbia Heights does ordain:
Section 9.112(2) of Ordinance No. 853, City Code of 1977, which currently reads as
follows, to wit:
9.112(2) Conditional Uses
Wi!bin any 'CBD' Business District, no structure or land shall be used for the following
uses except by conditional use permit.
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APRIL 26, 1994
PAGE 6
(a) Accessory structures
Co) Dwelling units provided:
0) The units ao not occupy the first floor.
(ii) That a roof intended for usable space shall be enclosed by a wall or fence not
less than five (5) feet in height.
(c) Open sales lots provided that:
(i) The lot is surfaced and graded according to a plan submitted by the applicant
and approved by the City Engineer.
(ii) The assembly, repair, or manufacture of goods shall not occur within an open
sales lot.
(iii) If the operation of the open sales lot be self-operated or automated in total or
in part, a site plan shall be submitted indicating the location of such devices.
(iv) There is located thereon a building devoted to or used in such sales use which
is at least as large in floor area as such occupation and use.
(d) Off street parking lots subject to Section 9.116(2).
(e) Parking ramps
(0 Public utility structures
(g) Vending machines (coin operated) whether they be for service or product they shall
be permitted inside of a building, when located outside of building they shall be
considered as a building and conform to all applicable regulations. Should the vending
machine be the principal use on the site, off street parking shall be provided at a ratio of
one (1) space for each two vending machines.
(h) Restaurants, cafes, tea rooms, taverns, bars, provided said design is to only serve
customers seated at tables, counter and booths.
(i) Arcades
(j) Tennis, racquetball, handball, table tennis and boxing clubs that provide facilities such
as auditorium or bleacher areas for viewing such that exhibitions arc possible.
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APRIL 26, 1994
PAGE 7
(k) Massage therapist businesses licensed purusuant to j Section 5.612.
(1) Day care centers.
(m) Prepared food delivery establishments.
shall hereafter be amended to read as follows, to wit,
9.112(2) Conditional Uses
Within any 'CBD' Business District, no structure or land shall be used for the following
uses except by conditional use permit.
(a) Accessory structures
(b) Dwelling units provided:
(i) Accessory structures.
(ii) That a roof intended for usable space shall be enclosed by a wall or fence not
less than five (5) feet in height.
(c) Open sales lots provided that:
(i) The lot is surfaced and graded according to a plan submitted by the applicant
and approved by the City Engineer.
(ii) The assembly, repair, or manufacture of goods shall not occur within an open
sales lot.
(iii) If the operation of the open sales lot be self operated or automated in total or
in part, a site plan shall be submitted indicating the location of such devices.
(iv) There is located thereon a building devoted to and used in such sales use
which is at least as large in floor area as such. occupation and use.
(d) Off street parking lots subject to Section 9.116(2).
(e) Parking ramps.
(f) Public utility structures.
REGULAR COUNCIL MEETING
APRIL 26, 1994
PAGE 8
(g) Vending machines (coin operated) whether they be for service or product shall he
permitted inside of a building; when located outside of building they shall be considered
as a building and conform to all applicable regulations. Should the vending machine be
the principal use on the site, off street parking shall be provided at a ratio of one (1)
space for each two vending machines.
(h) Restaurants, cafes, tea rooms, taverns, bars, provided said design is to only serve
customers seated at tables, counters or booths.
(i) Arcades.
0) Tennis, racquetball, handball, table tennis and boxing clubs that provide facilities such
as auditoriums or bleacher areas for viewing such that exhibitions are possible.
(k) Massage therapist businesses licensed pursuant to Section 5.612.
(1) Day care centers.
(m) Prepared food delivery establishments.
(n) Pool/billiard halls.
First Reading: April 26, 1994
c. Resolution No. 94-27: Adopting the Permanent Rules of the Wetland
Conservation Act
Motion by Ruettimann, second by Jolly to waive the reading of the resolution there being
ample copies available for the public. Roll call: All ayes
RESOLUTION NO. 94-27
ADOPTION OF THE PERMANENT RULES OF THE WETLAND CONSERVATION
ACT
WHEREAS, the Minnesota Wetland Conservation Act of 1991 (WCA) requires local
government units (LGIJs) implement this law by adopting the rules and regulations
promulgated by the Board of Water and Soil Resources (BWSR) pertaining to wetland
draining and filling; and
WHEREAS, the BWSR is requesting LGUs adopting the permanent rules of the WCA
to notify them of the LGU decision regarding adoption; and
REGULAR COUNCIL MEETING
APRIL 26, 1994
PAGE 9
WHEREAS, the LGU is responsible for making WCA determinations for landowners;
and
WHEREAS, the City of Columbia Heights is a techincal sub-unit of government capable
of making determinations and developing replacement plans.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL for the City of
Columbia Heights, County of Anoka, that it hereby accepts the responsibility as the LGU
for the WCA within the legal boundaries of Columbia Heights as of April 25, 1994,
within the guidelines as set forth by the WCA and rules.
Dated this 26th day of April, 1994
Offered by: Ruettimann
Seconded by: Jolly
Roll call: All ayes
Mayor Joseph Sturdevant
Jo-Anne Student, Council Secretary
ATTEST:
I hereby certify that the foregoing resolution is a true and correct copy of the resolution
presented to and adopted by the City Council of the City of Columbia Heights at a duly
authorized meeting thereof held on the 26th day of April, 1994, as shown by the minutes
of said meeting in my possession.
Jo-Anne Student, Deputy City Clerk
d. Resolution Su_ _m~orting North Metro Ma.vors Association Legislative Initiatives for the
Councilmember Nawrocki recommended that no action be taken on this resolution as
most of the issues included in it have already been addressed by the Legislature.
No Council action was taken on the resolution.
e. Resolution No. 94-29 Being a Resolution Establishing City_ Manager's Wages and
Compensation
REGULAR COUNCIL MEETING
ARIL 26, 1994
PAGE 10
Motion by Ruettimann, second by Peterson to waive the reading of the resolution there
being ample copies available for the public. Roll call: All ayes
RESOLUTION NO. 94-29
RESOLUTION ESTABLISHING CITY MANAGER'S WAGES AND
COMPENSATION
WHEREAS, Patrick Hentges was appointed to position of City Manager pursuant to the
terms and conditions of Resolution 93-11; and
WHEREAS, the performance of the City Manager was evaluated and determined to be
above satisfactory; and
WHEREAS, Resolution No. 93-11 provided, that subject to a satisfactory review, the
City Council may adjust the base salary of the City Manager, plus may grant performance
merit pay.
NOW, THEREFORE, BE IT RESOLVED:
1. That the City Manager shall be compensated at an annual rate of $75,000 retroactive
to January 1, 1994; and the car allowance shall continue at $250 per month.
2. The City Manager shall continue to earn vacation, holidays, sick leave, and deferred
compensation, together with medical insurance payment at the rate for all other non-union
essential and confidential employees.
Offered by: Ruettimann
Seconded by: Peterson
Roll call: AH ayes
Mayor Joseph Sturdevant
Jo-Anne Student, Council Secretary
Councilmember Nawrocki commented on the fact that goals and objectives for the coming
year have not been set up. He felt a prime project to be worked on was the Sheffield
Project. He wants better alternatives prepared by the City Manager for Council
consideration. He also wants more general information on what is happening in the City
on a more timely basis. Another concern of Councilmember Nawrocki was better use of
personnel.
REGULAR COUNCIL MEETING
APRIL 26, 1994
PAGE 11
Councilmember Ruetfimann requested that agenda items be on a Council Work Session
agenda so they can be discussed before they are put on a Council Meeting agenda.
Councilmember Nawrocki noted that some agenda items flip flop and then are taken off
agendas. He wants background information included with the Wednesday agenda for new
items. He cited one item which was removed from the Friday agenda packet but had been
included in the Wednesday packet. This dealt with a funding request for landfill lobbying
efforts. The City Manager briefly explained what this issue was about and advised he will
gather additional information.
f. Resolution No. 94-28 Regarding House Fil~ 3636 and Need for Retention of Local
Franchise Requirements
Motion by Nawrocki, second by Jolly to waive the reading of the resolution there being
ample copies available for the public. Roll call: AH ayes
RESOLUTION NO. 94-28
RESOLUTION REGARDING HOUSE FILE 3636 AND THE NEED FOR RETENTION
OF LOCAL FRANCHISE REQUIREMENTS
WHEREAS, the City of Columbia Heights, Minnesotas ('City') has reviewed House File
3636 regarding a national communications infrastructure for telecommunications and
competition; and
WHEREAS, the City is concerned that House File 3636 must be carefully evaluated to
ensure the preservation of local jurisdiction over cable television services; and
WHEREAS, the City believes that the public has benefitted significantly and has been
served through local regulation, that local regulation has evolved over a period of time,
after considerable public expense, to ensure that cable television is responsive to local
needs; and
WHEREAS, in Minnesota, a carefully planned and drafted State Cable Act (Minn. Stat.
Chapter 238) has served to guide and promote the development of cable television; and
WHEREAS, Minn. Stat. 238.01, the Declaration of Legislative Findings and Intent,
provides in pertinent part the following provision which we believe to be relevant for
consideration by Congress in enactment of House File 3636:
REGULAR COUNCIL MEETING
APRIL 26, 1994
PAGE 12
the Legislature of the State of Minnesota has determined that while cable
communications serve in part as an extension of interstate broadcasting, that their
operations also involve public right-of-way, municipal franchising, as vital business and
community service, which are of state concern; ... that the municipalities and the state
would benefit from valuable educational and public services through cable
communications systems; that the cable communications industry must provide the
opportunity for minority participation and benefit which its diversity promises; .... that
the cable communications industry is in a period of rapid growth and corporate
consolidation and should proceed in accord with regional and statewidg service objectives;
WHEREAS, the City believes that based on the legislative intent of Minn. Stat. Chapter
238, as well as mandated policies and procedures under Chapter 238, municipalities have
joined with other municipalities throughout Minnesota to create arrangements, on a
negotiated basis with cable operators, to ensure that the legislative intent of Chapter 238
is met; and
WHEREAS, the City desires that the franchising structure that has been devised and
developed over time in the State of Minnesota be retained.
NOW, THEREFORE, in a regular meeting of the City, it was resolved as follows:
1. That the Congressional delegation serving the State of Minnesota must be informed of
the nature and extent of the City's concern that local regulation and oversight of providers
of technology for receiving, amplifying, transmitting, or otherwise distributing video
signals or programming or other new video, date, and interactive services must be
continued.
2. That House File 3636 must include adequate safeguards to ensure that municipal
regulation is retained.
3. That the City will make this resolution available to the Minnesota Congressional
delegation, adjoining communities and other interest grotlps including the League of
Minnesota Cities, the Metropolitan Council, and other applicable Minnesota associations
and organizations.
Passed this 26th day of April, 1994.
Offered by: Nawrocki
Seconded by: Ruettimann
Roll call: All ayes
Mayor Joseph Sturdevant
Jo-Anne Student, Council Secretary
REGULAR COUNCIL MF.F. TING
APRIL 26, 1994
PAGE 13
OLD BUSINESS
a. Rejection of Playground FA~u_ i_oment
Motion by Ruettimann, second by Peterson to reject the current quotations for playground
equipment at Edgemoor, Keyes, and Hilltop Parks and direct staff to obtain quotes for
equipment meeting ADA accessibility requirements.
Councilmember Nawrocki wants the new specifications not to require tied bids. He is
concerned that the supplier give equipment that is ADA equipment. He went to all of the
parks and is not convinced that the equipment needs replacing. He also questions the need
to buy interchangeable parts equipment.
Roll call: All ayes
b. S(~l'~lill_~ at Jollak Pl'o_~_
Councilmember Nawrocki inquired about the action of the Planning and Zoning
Commission which did not require screening on the from side of the Jonak property. He
noted it was required on the east and north sides but should really have been required on
the south side as well. This area faces residential property. The City Manager will
research the ability of the City to require this screening and will present a formal
response.
NEW BUSINESS
Insurance Coverage from May 9:1994 to May 9, 1995
The Finance Director advised there is a limited market for writers of insurance for
municipalities. Currently, there are only three companies writing municipal general
liability coverage; League of Minnesota Cities In.surance Trust, St. Paul Companies and
USF & G. He reviewed the coverage of the bids received. A verbal quote was received
from the LMCIT.
Councilmember Nawrocki noted that LMCIT defends claims for violation of the Open
Meeting Law.
Motion by Ruettimann, second by Nawrocki to table this matter until a Special Meeting
of the City Council on May 5, 1994 at 6:00 p.m. in the Council Chamaers. Roll call: All
ayes.
REGULAR COUNCIL MEETING
APRIL 26, 1994
PAGE 14
b. Au~orization tO Purchase Backhoe Attachment for Bobcat
Motion by Peterson, second by Jolly to authorize the purchase of a backhoe attachment
for the Bobcat from Tri-State Bobcat, Inc. of Shakopee, Minnesota, in the amount of
$5,450.00 plus tax, funding to be from 601-49499-5180 and 602-49499-5180 and the
appropriate sales tax funds; and, furthermore, to authorize the Mayor and City Manager
to enter into an agreement for the same.
Councilmember Nawrocki stated his objection to getting only one bid. He was advised
there was a sole supplier. He felt the sole source should have been recognized.
Roll call: All ayes
c. Financing Alternatives for the Proposed Multi-Use Buildine
Councilmembcr Nawrocki inquired if the financing alternatives which were to be
presented to the Council were drafted yet.
The City Manager responded they should be ready by the next day. He wants to discuss
them with the City Council. Councilmember Ruettimann mentioned there were no
commitments by the Park and Recreation Commission.
d. Special Edition of a City_ Newsletter
Councilmember Nawrocki recalled there was to be a special edition of the City newsletter
which would focus on the Sheffield Neighborhood. He wants to see it before it goes to
press.
The City Manager noted the draft copy would be submitted to the City Council.
e. Special Coordinator Position
Councilmember Nawrocki, noting this position will soon become vacant, felt this would
be an opportunity to discuss continuing the direction this position has taken. He
mentioned the local programming costs and that the subscribers pay the franshise fee.
There is a potential to lose the ability to have a franchise fee which pays a portion of the
funding for the position. He noted this position could be viewed as 'empire building."
f. Waste Handling Charges
Councilmember Nawrocki requested information regarding administrative waste handling
charges. The City Manager advised there is a May 2nd workshop on assessments
scheduled. This information will come from this workshop.
REGULAR COUNCIL MEETING
APRIL 26, 1994
PAGE 15
g. Article in Minneapolis Paper
Councilmember Nawrocki referred to a recent article which appeared in the Minneapolis
Star Tribune regarding a project of U S WEST offering multi-media voice opportunities.
This proposal will service about half of Columbia Heights and be available to residents.
a. Report of City_ Manager
The City Manager's report was submitted in written form and the following items were
discussed:
Section 8 Housing Assistance: The City Manager reviewed the status of this matter.
County_ Solid Waste Assessment Fee: Councilmember Nawrocki inquired if this fee will
be applied against tax forfeit property. The City Manager responded he did not believe
it would.
b. Report of City. Attorney
The City Attorney had nothing to report at this time.
ADJOURNMENT
Motion by Peterson, second by Ruettimann to adjourn the meeting at 9:55 p.m. Roll call.'
All ayes
/May°r~oseph Sturdevant
Anne-Student, ~ouncil Secretary