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Agenda

OF Special
COUNCIL MEETING

HELD ON

Tuesday 26 June 2018

AT 6.00pm

summons

 

You are advised that a Special Meeting of Council has been called by the Chief Executive Officer on Tuesday, 26 June 2018 in Council Chamber, 25 Ferres Boulevard, South Morang at 6.00pm for the transaction of the following business.

 

S OVERLAND

CHIEF EXECUTIVE OFFICER


Special Council Agenda                                                                       Tuesday 26 June 2018

 

 

 

COUNCILLORS

 

KRIS PAVLIDIS                               MAYOR, SOUTH WEST WARD

LAWRIE COX                                   SOUTH WEST WARD

STEVAN KOZMEVSKI                   SOUTH WEST WARD

CAZ MONTELEONE                       SOUTH WEST WARD

EMILIA LISA STERJOVA               DEPUTY MAYOR, NORTH WARD

TOM JOSEPH                                  NORTH WARD

RICKY KIRKHAM                            NORTH WARD

SAM ALESSI                                    SOUTH EAST WARD

ALAHNA DESIATO                         SOUTH EAST WARD

NORM KELLY                                  SOUTH EAST WARD

MARY LALIOS                                 SOUTH EAST WARD


Special Council Agenda                                                                       Tuesday 26 June 2018

 

 

 

SENIOR OFFICERS

 

 

SIMON OVERLAND                          CHIEF EXECUTIVE OFFICER

RUSSELL HOPKINS                         DIRECTOR COMMUNITY SERVICES

STEVE O’BRIEN                                DIRECTOR PLANNING AND MAJOR PROJECTS

NICK MANN                                       DIRECTOR CITY TRANSPORT & PRESENTATION

HELEN SUI                                        DIRECTOR CORPORATE SERVICES

LIANA THOMPSON                          DIRECTOR PARTNERSHIPS & ENGAGEMENT

MICHAEL TONTA                              MANAGER GOVERNANCE

 


Special Council Agenda                                                                       Tuesday 26 June 2018

 

 

ORDER OF BUSINESS

The Chief Executive Officer submits the following business:

1.            Opening.. 7

1.1         MEETING OPENING AND PRAYER.. 7

1.2         Acknowledgment of Traditional Owners Statement.. 7

1.3         Present.. 7

2.            Apologies.. 7

3.            Declarations of Interest.. 7

4.            Officers' Reports.. 9

4.1         Corporate Services.. 9

4.1.1       Adoption of the Council Plan 2017-21 'Shaping our Future' - Year 2 Action Plan (2018/19) 9

4.1.2       DECLARATION OF RATES AND ADOPTION OF 2018/19 BUDGET. 31

5.            Closure.. 263

 

 

 

Large Attachments:

Where large attachments form part of the Report, due to the size of the attachments – a copy has not been provided in the Agenda document

Copies of these attachments are available for inspection by the public at the following locations:

a)      Council offices at 25 Ferres Boulevard, South Morang; and

b)      Whittlesea City Council’s internet site – www.whittlesea.vic.gov.au

 

 


Special Council Agenda                                                                       Tuesday 26 June 2018

 

1.         Opening

1.1       MEETING OPENING AND PRAYER

1.2       Acknowledgment of Traditional Owners Statement

1.3       Present

2.         Apologies

3.         Declarations of Interest

 


Special Council Agenda                                                                       Tuesday 26 June 2018

 

4.         Officers' Reports

4.1       Corporate Services

4.1.1    Adoption of the Council Plan 2017-21 'Shaping our Future' - Year 2 Action Plan (2018/19)

Attachments:                        1        Draft Council Plan 2017-21 'Shaping our Future' Year 2 Action Plan: 2018/19, as adopted on 24 April 2018

2        Advisory Committee Minutes 7 June 2018   

Responsible Officer:           Director Corporate Services

Author:                                  Manager Corporate Accountability and Performance   

 

RECOMMENDATION SUMMARY

That Council resolve to:

1.   Adopt the Council Action Plan 2018/19 Advisory Committee’s recommendation.

2.   Adopt the Council Plan 2017-2021 ‘Shaping Our Future’ Year 2 Action Plan (2018/19) with one amendment as outlined in the section ‘Amendment to the Plan’.

3.   Submit the adopted Council Plan 2017-2021 ‘Shaping Our Future’ Year 2 Action Plan (2018/19) to the Minister for Local Government by 30 June 2018.

4.   Write to the submitter advising Council’s decision and the reasoning.

KEY FACTS AND / OR ISSUES

·    Internal stakeholders and the community have been consulted in compliance with the Local Government Act 1989 regarding the development of the Plan.

·    The Council Action Plan 2018/19 Advisory Committee recommends not to change the relevant section in the final Plan in response to the one community submission received.

·    The proposed amendment to the Plan seeks to align wording of the Plan with Council’s revised terminology of policies and strategies.

·    A copy of the adopted Plan is due for submission to the Minister for Local Government by 30 June 2018.

 

Report

Background

The Council Plan 2017-21 was endorsed by Council on 30 May 2017. It is the key strategic document providing direction over the Council term and is a requirement under the Local Government Act 1989 (the ‘Act’).

The Council Action Plan is developed annually, aligned with the Council Plan and includes the major initiatives that are to be achieved each year. The major initiatives are reportable to the State Government annually along with the Budget and the Strategic Resource Plan. Please refer to Attachment 1 for the Draft Council Plan 2017-2021 ‘Shaping Our Future’ Year 2 Action Plan (2018/19), as adopted on 24 April 2018 (the ‘Plan’).

Proposal

It is recommended that Council resolve to:-

·    Adopt the Council Action Plan 2018/19 Advisory Committee’s recommendation.

·    Adopt the Council Plan 2017-2021 ‘Shaping Our Future’ Year 2 Action Plan (2018/19) with one amendment as outlined in the section ‘Amendment to the Plan’.

·    Submit the adopted Council Plan 2017-2021 ‘Shaping Our Future’ Year 2 Action Plan (2018/19) to the Minister for Local Government by 30 June 2018.

·    Write to the submitter advising Council’s decision and the reasoning.

Consultation

Councillors and internal stakeholders were consulted in late 2017 and early 2018 to identify proposed priority actions in line with Council’s seven priorities as outlined in the Council Plan 2017-21. Councillors identified and confirmed 46 major initiatives for the Plan, which was adopted for public consultation on 24 April 2018.

Members of the public had the opportunity to make a formal submission regarding the Plan under sections 125 and 223 of the Local Government Act 1989 between 27 April and 25 May 2018. One submission was received with the submitter electing to be heard in support of his submission. (refer Attachment 2). The Council Plan 2018-19 Advisory Committee considered the written and oral submissions at the meeting held on 7 June 2018 and made recommendations to Council as outlined in the attached Minutes (refer Attachment 2).

AMENDMENT TO THE PLAN

Following internal consultation in the context of Council’s policy and strategy framework, it is recommended to amend the Plan as highlighted in red and underlined in this table:

Entry in the Draft council Action plan 2018/19 as adopted on 24 April 2018

entry in the final council action plan 2018/19 as presented to council on 26 June 2018

Location and rationale

Endorse and implement Council’s ‘Biodiversity Action Plan’

Endorse and implement Council’s ‘Biodiversity Strategy & Action Plan’

Page 6 of the Plan, third bullet point under ‘Environmental Sustainability’

To align with Council’s revised definition of ‘Strategy’.

Critical Dates

A copy of the adopted Council Plan 2017-2021 ‘Shaping Our Future’ Year 2 Action Plan (2018/19) needs to be submitted to the Minister for Local Government by 30 June 2018.

Financial Implications

The proposed Plan has been considered in conjunction with planning for the 2018/19 Annual Budget and the 2018-22 Strategic Resource Plan.  The cost for preparing these documents is included as part of Council’s recurrent budget.

Policy strategy and legislation

Section 125, 126 and 223 of the Local Government Act 1989.

Council Plan 2017-21.

Links to the CoUNCIL Plan

Council Priority                    Organisational Sustainability

Future Direction                   Inclusive and engaged community

Theme                                   Community voice

Strategic Objective              Our voice is reflected through inclusive Council decision making processes

Declarations of Conflicts of Interest

Under section 80C of the Local Government Act 1989 officers providing advice to Council must disclose any interests, including the type of interest.

The Responsible Officer reviewing this report, having made enquiries with the relevant members of staff, reports that no disclosable interests have been raised in relation to this report.


 

Conclusion

The Council Plan 2017-2021 ‘Shaping Our Future’ Year 2 Action Plan (2018/19) has been subject to a formal consultation period as required by the Local Government Act 1989.  Following receipt and consideration of community feedback, it is recommended the final Plan be adopted for distribution and implementation.  As specified by the Act, a copy will then be forwarded to the Minister for Local Government.

 

RECOMMENDATION

THAT Council resolve to:

1.       Adopt the Council Action Plan 2018/19 Advisory Committee’s recommendation.

2.       Adopt the Council Plan 2017-2021 ‘Shaping Our Future’ Year 2 Action Plan (2018/19) with one amendment as outlined in the section ‘Amendment to the Plan’.

3.       Submit the adopted Council Plan 2017-2021 ‘Shaping Our Future’ Year 2 Action Plan (2018/19) to the Minister for Local Government by 30 June 2018.

4.       Write to the submitter advising Council’s decision and the reasoning.

 


Special Council Agenda                                                                                    Tuesday 26 June 2018

 

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Special Council Agenda                                                                       Tuesday 26 June 2018

 

4.1.2    DECLARATION OF RATES AND ADOPTION OF 2018/19 BUDGET

Attachments:                        1        Council Budget 2018/19 Advisory Committee Minutes

2        2018/19 Annual Budget

3        Strategic Resource Plan 2018-22

4        2018/19 Rating Strategy   

Responsible Officer:           Director Corporate Services

Author:                                  Team Leader Management Accounting   

 

RECOMMENDATION SUMMARY

1.       Accept the recommendations of the Council Budget 2018/19 Advisory Committee (“Committee”) outlined in Attachment 1, having heard and considered public submissions on the proposed 2018/19 Annual Budget, noting that the Committee’s recommendations will add a net cost of $107,227 to the budget.

2.       Adopt the 2018/19 Annual Budget (Attachment 2) and 2018-22 Strategic Resource Plan (Attachment 3), noting that both documents will be updated with the accepted recommendations of the Advisory Committee.

3.       Authorise the Chief Executive Officer to give public notice of this decision to adopt the Budget, in accordance with section 130(2) of the Local Government Act 1989 (“the Act”).

4.       Declare that the general rate be declared in respect of the 2018/19 financial year.

5.       Adopt the 2018/19 Rating Strategy (Attachment 4).

KEY FACTS AND / OR ISSUES

The purpose of this report is to consider the outcomes from the Council Budget Submissions Advisory Committee Meeting held on 7 June 2018 (Attachments 1) and adopt the 2018/19 Annual Budget (Attachment 2).

·    Council approved the 2018/19 Proposed Budget for advertising at the Special Council Meeting held 24 April 2018. 

·    Following the statutory budget submission period (27 April 2018 – 25 May 2018), 22 written submissions were received.

·    The Committee considered all written and oral submissions that were received and has recommended 7 changes to the Draft 2018/19 Budget at a net cost of $107,227.

·    If the Committee’s recommendations are accepted, Council’s budgeted 2018/19 cash surplus will reduce to $544,773

 

Report

Background

Council resolved at its Council Meeting on 24 April 2018, in accordance with Section 129 of the Local Government Act 1989 (‘the Act’), to give public notice of its intention to adopt the 2018/19 Budget and to invite submissions on the proposed Annual Budget from the public.

In accordance with Section 223 of the Act, Council invited written submissions on the Proposed Budget.  A total of 22 submissions were received during the submission period, which closed on 25 May 2018.

Proposal

It is proposed that Council consider the recommendations of the Committee to determine whether or not they should be included in the 2018/19 adopted budget, then following this consideration, adopt the 2018/19 Budget.

Consultation

In accordance with the provisions of the Act, public notice has been given inviting submissions on the 2018/19 Proposed Budget.  A total of 22 submissions were received and considered by the Committee appointed by Council.

Critical Dates

The process adopted by Council was:

Council approved 2018/19 Proposed Budget for public notice

24 April 2018

Council gave public notice

27 April 2018

Period for lodging submissions closed

25 May 2018

Committee met to consider submissions

7 June 2018

Council meeting to adopt 2018/19 Budget

26 June 2018

SUBMISSIONS ADVISORY COMMITTEE RECOMMENDATIONS

The Committee comprising the Mayor, Cr Kris Pavlidis, Cr Sam Alessi and Cr Lawrie Cox were appointed to hear and consider submissions.  The Committee met on 7 June 2018 and gave each submitter requesting to be heard the opportunity to be heard in support of their submission.

After hearing from the submitters, the Committee considered each written and oral submission and made its recommendations, which propose to add a net $107,227 in expenditure to fund the following items/requests:

A full summary of the budget submissions and the recommendations of the Committee are included in Attachment 1.

Financial Implications

The Committee’s recommendations will add a net cost of $107,227.  The cost of these items will be funded from the initial budgeted surplus of $652,000.

Policy strategy and legislation

Council prepares its annual budget under the provisions of the Local Government Act 1989 and the Local Government (Planning and Reporting) Regulations 2014.

 

Links to the CoUNCIL Plan

Council Priority                    Organisational Sustainability

Future Direction                   Good governance

Theme                                   Resource management

Strategic Objective              Our Council strives to achieve long term financial sustainability

Declarations of Conflicts of Interest

Under section 80C of the Local Government Act 1989 officers providing advice to Council must disclose any interests, including the type of interest.

The Responsible Officer reviewing this report, having made enquiries with the relevant members of staff, reports that no disclosable interests have been raised in relation to this report.

Conclusion

It is recommended that Council amend the advertised 2018/19 Proposed Annual Budget and 2018-22 Proposed Strategic Resource Plan noting the changes recommended by the Committee and notify each submitter of Council’s decision

 

RECOMMENDATION

THAT Council resolve to:

1.       Accept the recommendations of the Council Budget 2018/19 Advisory Committee (“Committee”) outlined in Attachment 1, having heard and considered public submissions on the proposed 2018/19 Annual Budget, noting that the Committee’s recommendations will add a net cost of $107,227 to the budget.

2.       Notify submitters of Council’s decision and the reasons for the decision.

3.       Adopt the 2018/19 Annual Budget (Attachment 2) and 2018-22 Strategic Resource Plan (Attachment 3), noting that both documents will be updated with the accepted recommendations of the Committee.

4.       Authorise the Chief Executive Officer to give public notice of this decision to adopt the Budget, in accordance with section 130(2) of the Local Government Act 1989 (“the Act”).

5.       Adopt the 2018/19 Rating Strategy (Attachment 4).

6.       Declare that the amount which Council intends to raise by general rates is $142,039,463 and such further amount as lawfully levied as a consequence of this resolution.

7.       Declare that the general rate be declared in respect of the 2018/19 financial year.

8.       Declare that the general rate be raised by the application of differential rates.

9.       Declare that a differential rate be set for rateable land having the respective characteristics specified below, which characteristics will form the criteria for each differential rate so declared:

Farm Land

Any land which is “farm land” within the meaning of section 2(1) of the Valuation of Land Act 1960.

Other Land

Any land which is not farm land, including land which is used or adapted to be used primarily for:

a)      residential;  or

b)      commercial purposes.

10.     Determine each differential rate by multiplying the Net Annual Value of each rateable land (categorised by the characteristics described in paragraph 8 of this Resolution) by the relevant percentages indicated in the following table:


Category

Percentage

Other Land (including Residential and Commercial Land)

0.04930848

Farm Land

0.02958509

11.     Record that it considers that each differential rate will contribute to the equitable and efficient carrying out of Council functions and that:

a)      The respective objectives of each differential rate be those specified in the Schedule to this Resolution.

b)      The respective types or classes of land which are subject to each differential rate be those defined in the Schedule to this Resolution.

c)      The respective uses and levels of each differential rate in relation to those respective types or classes of land be those described in the Schedule to this Resolution.

d)      The relevant -

i)       uses;

ii)      geographical locations;

iii)     planning scheme zonings of; 

iv)     types of buildings on; and

v)      the respective types or classes of land be those identified in the Schedule to this Resolution.

12.     Confirm that no amount is fixed as the minimum amount payable by way of general rate in respect of each rateable land within the municipal district.

 

13.     Declare that no incentives be given by Council for the payment of general rates before the dates fixed or specified for their payment under section 167 of the Act.

14.     Record that:

a)      Council grants to each owner of rateable land which -

i)       is located within or part within a Green Wedge, Green Wedge A or Rural Conservation Zone within the meaning of the Whittlesea Planning Scheme;  and

ii)      is not less than 8 hectares in area or which, when combined with adjacent land in the same ownership, is continuous and not less than 8 hectares in area;  

a rebate (the Sustainable Land Management Rebate).

b)      The Sustainable Land Management Rebate be an amount equal to -

i)       30% of the general rates which would otherwise be payable in respect of rateable land which is 50 hectares or more in area; and

ii)      20% of the general rates which would otherwise be payable in respect of rateable land which is not less than 8 hectares and not equal to or more than 50 hectares in area or which, when combined with adjacent land in the same ownership, is continuous and not less than 8 hectares and not equal to or more than 50 hectares in area.

c)      The Sustainable Land Management Rebate be conditional upon -

i)       the owner of the rateable land (or his or her agent) bi-annually making application for the Sustainable Land Management Rebate to be granted;

ii)      the ability of the owner of the rateable land (or his or her agent) to demonstrate a commitment to maintaining and improving the quality of their land, consistent with the assessment criteria stated in the Sustainable Land Management Rebate Scheme Application Guidelines;

iii)     the owner of the rateable land (or his or her agent) establishing to the satisfaction of Council such plans for land management works, and the carrying out of such land management works over a specified time, as are consistent with the Sustainable Land Management Rebate Scheme Application Guidelines; and

iv)     the application of, and compliance with, the Sustainable Land Management Rebate Scheme Application Guidelines.

d)      The Sustainable Land Management Rebate be granted to -

i)       assist in the proper and sustainable development of the municipal district;

 

ii)      support and encourage the application of sustainable land management practices;

iii)     preserve places within the municipal district which are of environmental interest;

iv)     preserve, restore and maintain places of environmental importance and value within the municipal district;

v)      improve the productive capacity of rural land;  and

vi)     promote the objectives described in the Sustainable Land Management Rebate Scheme Application Guidelines.

15.     Record also that:

a)      Council grants a rebate to each owner (or, where applicable, occupier) of land comprising any part of the Melbourne Wholesale Markets (“the Markets”);

b)      the rebate became operative upon the commencement of trading at the Markets (September 2015), and is an amount equal to the rates which would otherwise have been payable in respect of the land (2018/19 budget: $804,882); and

c)      the rebate be granted to assist the proper development of the municipal district.

16.     Require that the general rates must be paid -

a)      By lump sum payment, made on or before 15 February 2019; or

b)      By four instalments made on or before the following dates:

i)       Instalment 1:         30 September 2018

ii)      Instalment 2:         30 November 2018

iii)     Instalment 3:         28 February 2019

iv)     Instalment 4:         31 May 2019

17.     Confirm that it will, subject to sections 171 and 172 of the Act, require a person to pay interest on any general rates which -

a)      that person is liable to pay;  and

b)      have not been paid by the date specified for payment.

18.     Authorise Council’s Team Leader Revenue Services to levy and recover the general rates in accordance with the Act.


SCHEDULE

Farm Land Objective

To encourage the use (and continued use) of land for agricultural purposes, and ensure that such rateable land makes an equitable financial contribution to the cost of carrying out the functions of Council.  These include the:

1.   implementation of good governance and sound financial stewardship;

2.   construction, renewal, upgrade, expansion and maintenance of infrastructure assets;

3.   development and provision of health, environmental, conservation, leisure, recreation, youth and family and community services;

4.   provision of strategic and, economic management, town planning and general support services; and

5.   promotion of cultural, heritage and tourism aspects of Council’s municipal district.

Types and Classes

Any rateable land which is ‘farm land’ within the meaning of section 2(1) of the Valuation of Land Act 1960.

Use and Level of Differential Rate

This particular differential rate will be used to support farming by providing a discount for Farm Rate properties.

The level of the differential rate is the level which Council considers is necessary to achieve the objectives specified above.

Geographic Location

Wherever located within the municipal district.

Use of Land

Any use permitted under the relevant Planning Scheme.

Planning Scheme Zoning

The zoning applicable to each rateable land within this category, as determined by consulting maps referred to in the relevant Planning Scheme.

Types of Buildings

All buildings which are now constructed on the land or which are constructed prior to the expiry of the 2018/19 Financial Year.

 


Other Land (Including Residential And Commercial Land) Objective

To ensure that such rateable land makes an equitable financial contribution to the cost of carrying out the functions of Council, having regard to the relative benefits derived from the cost of carrying out of such functions.  These functions include the:

1.   implementation of good governance and sound financial stewardship;

2.   construction, renewal, upgrade, expansion and maintenance of infrastructure assets;

3.   development and provision of health, environmental, conservation, leisure, recreation, youth and family and community services;

4.   provision of strategic and, economic management, town planning and general support services; and

5.   promotion of cultural, heritage and tourism aspects of Council’s municipal district.

Types and Classes

Any rateable land which is not Farm Land.

Use and Level of Differential Rate

This particular rate will be used as the default rate that is applicable to the majority of the properties within this municipal district.

The level of the differential rate is the level which Council considers is necessary to achieve the objectives specified above.

Geographic Location

Wherever located within the municipal district.

Use of Land

Any use permitted under the relevant Planning Scheme.

Planning Scheme Zoning

The zoning applicable to each rateable land within this category, as determined by consulting maps referred to in the relevant Planning Scheme.

Types of Buildings

1.       All buildings which are now constructed on the land or which are constructed prior to the expiry of the 2018/19 Financial Year.

 


Special Council Agenda                                                                                    Tuesday 26 June 2018

 

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Special Council Agenda                                                                                                           Tuesday 26 June 2018

 

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Special Council Agenda                                                                                    Tuesday 26 June 2018

 

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Special Council Agenda                                                                                    Tuesday 26 June 2018

 

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Special Council Agenda                                                                       Tuesday 26 June 2018

 

5.         Closure