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CORPORATE SERVICES
STANDING COMMITTEE
FINAL MINUTES
7 December 2016
FINAL MINUTES CORPORATE SERVICES STANDING COMMITTEE WEDNESDAY 7 DECEMBER 2016
MIN/07.12.2016 FOLIO 41500
Table of Contents
Folio Date Particulars
41501 07.12.2016 Corporate Services Standing Committee Minutes
41516 30.11.2016 Organisational Services Monthly Review - November 2016
41542 17.11.2016 Minutes - Rates Payment Tribunal Committee Report
41547 17.11.2016 Amended Terms of Reference - Independent Rate Payment
Review Tribunal
Declaration of Potential Conflict of Interest
Nil.
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CORPORATE SERVICES
STANDING COMMITTEE
MINUTES
1. COMMITTEE ATTENDANCE:
Crs R D Walker (Chairperson), M J Bella, K L May, A R Paton and Mayor G R
Williamson were in attendance at the commencement of the meeting.
2. NON-COMMITTEE ATTENDANCE:
Also present were Cr R C Gee, Cr L G Bonaventura, Cr K J Casey, Cr J F Englert, Cr F
A Mann (nee Fordham), Mr C Doyle (Chief Executive Officer), Mr A Knight (Director
Organisational Services) and Mrs M Iliffe (Minute Secretary).
The meeting commenced at 3.00 pm.
3. ABSENT ON COUNCIL BUSINESS:
Nil
4. APOLOGIES:
Nil
5. CONFLICT OF INTEREST:
Nil
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6. CONFIRMATION OF MINUTES:
6.1 CORPORATE SERVICES STANDING COMMITTEE MINUTES -
16 NOVEMBER 2016
THAT the Corporate Services Standing Committee Meeting Minutes
held on 16 November 2016 be adopted.
Moved Cr May Seconded Cr Bella
CARRIED
7. BUSINESS ARISING OUT OF MINUTES OF PREVIOUS MEETING:
Nil
8. CORRESPONDENCE AND OFFICERS’ REPORTS:
8.1 ORGANISATIONAL SERVICES MONTHLY REVIEW -
NOVEMBER 2016
Author Director Organisational Services
Purpose
To keep the Corporate Services Committee updated on Organisational Services
activities.
Background/Discussion
All departments within MRC prepare a monthly review which identifies activities
undertaken and progress made during the specific month.
Consultation and Communication
The report contains input from each and every Program within Organisational Services.
Resource Implications
As required to compile report, which is a routine task for multiple employees.
Risk Management Implications
Nil.
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Conclusion
The Corporate Services Committee is kept informed of activities within Organisational
Services.
Officer's Recommendation
THAT the Corporate Services Standing Committee receives the Organisational
Services Monthly Review for November 2016.
The Director Organisational Services (DOS) spoke to the Report.
Cr Bella queried what the current position was for the Koumala Reserve Sporting
Group lease.
DOS advised he would take this request on notice and come back to Cr Bella.
Cr Bella queried the MECC roof audit which has been completed and if there was
anything of note in the report.
DOS advised the report is currently being reviewed with data being analysed.
The Chief Executive Officer (CEO) advised there have been additional inspections
carried out in the MECC roof and are waiting on the report to understand the full extent
is before a decision is made on the way forward.
Cr Bella queried if there was any mitigation available in preparation for the wet season.
CEO advised some siphnoic drainage repairs have been carried out while Council is
waiting on the report results.
DOS advised the report will inform future asset management plans and strategies of the
MECC and other Council buildings and facilities.
Cr May queried if the figures provided for the Procurement Services Year to Date
(YTD) Amount was the actual YTD amount or the budgeted YTD amount.
DOS advised the figures were the actual YTD amount not the budgeted YTD amount.
The Mayor advised feedback has been received from customers about Council should
be sending its rate notices out electronically. Council does have the ability to do this
and are doing so in some cases, can you provide an update on where Council is at with
the gathering of email addresses and the electronic distribution of rate notices pending
the second (2nd
) round of rates in February 2017.
DOS advised Council currently has the ability to do electronic rate notices, and
ratepayers can register for this service. However as it stands now Council does not
control the data as it is managed by the company that produces the notices on behalf of
Council. In terms of our desired future state, one aspect of Council’s ICT Strategy (that
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is under development) is a Customer Portal for Mackay Regional Council. A portal
will enable ratepayers and residents to log in and see their all their various interactions
and transactions with Council (for example rates, dog registration, etc.) in the one
place. Council has recently recruited a Chief Information Officer and the development
and enhancement of the ICT strategy will be one of the first issues addressed.
The Mayor advised he looks forward to the development of the ICT Strategy and
supported the concept of a Customer Portal.
Council Resolution
THAT the Officer's Recommendation be adopted.
Moved Cr Bella Seconded Cr Paton
CARRIED
8.2 RENEWAL OF LEASE TO PUBLIC SAFETY BUSINESS AGENCY -
HABANA RURAL FIRE BRIGADE
File No 732462-008-RP
Author Manager Property Services
Purpose
To approve the renewal of lease between Mackay Regional Council (Council) and The
State of Queensland represented by Public Safety Business Agency (PSBA) for a lease
for an area of approx. 644m2 being part of Lot 8 on RP732462, 978 Yakapari-Habana
Road, Habana.
Background/Discussion
Council is the owner in freehold title of Lot 8 on RP732462 situated at 978 Yakapari-
Habana Road, Habana.
The Habana Rural Fire Brigade in its current location has serviced and supported this
community since 1996, with the existing lease expiring on 30th
November 2016.
According to Section 236(1)(b)(i) of the Local Government Regulation 2012, “a local
government may dispose of a valuable non-current asset other than by tender or auction
if – the disposal is to a government agency.” Such an exemption needs to be approved
by Council by resolution, meaning that it needs to be adopted at an Ordinary meeting of
Council. With such exemption Council is not required to call for tenders before leasing
the property.
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Consultation and Communication
Consultation has occurred with Lease Officer – Property Services, Manager Property
Services and legal representatives – PSBA.
Resource Implications
All costs incurred in respect to the preparation and lodgement of the lease documents to
be borne by the Tenant.
The lease will be a standard community type lease inclusive of peppercorn rental of
$50.00 plus GST per annum and other like conditions.
Risk Management Implications
The Habana Rural Fire Brigade have occupied and maintained the Lease site for many
years, should the lease not be renewed, the community would not be able to benefit
from the opportunities that arise from such a group.
Conclusion
That the renewal of the lease to PSBA represents the most advantageous outcome to
Council and the community through delivery of an essential service to the local
community of Habana and its surrounding areas.
The lease will be signed under delegation once finalised.
Officer's Recommendation
THAT the Committee endorses the below and recommends approval to the
Ordinary Meeting of Council -
A. THAT Council resolves that an exemption applies under Section
236(1)(b)(i) of the Local Government Regulation 2012, “a local
government may dispose of a valuable non-current asset other than by
tender or auction if – the disposal is to a government agency.”
B. FURTHER THAT Council approve a new lease for a term of ten (10)
years to The State of Queensland represented by Public Safety Business
Agency (PSBA) on behalf of the Habana Rural Fire Brigade for an area
of approx. 644m2 within Lot 8 on RP732462 located at 978 Yakapari-
Habana Road, Habana with such lease to commence from date of
signing, and be a standard ‘community’ type lease inclusive of
peppercorn rental of $50.00 plus GST per annum and other like
conditions.
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Council Resolution
THAT the Officer's Recommendation be adopted.
Moved Cr Paton Seconded Cr May
CARRIED
8.3 HOGANS POCKET LANDFILL - LEASE AGREEMENTS
File No SP199178/49 & C124768/68
Author Manager Property Services
Purpose
To recommend and approve the following arrangements being entered into between
Mackay Regional Council (“Council”) and Edward Butterworth (“EB”) as relates to
Hogan’s Pocket Landfill site:-
1. Renewal of Lease from Council to EB for an eight (8) year term plus 2 x 1 year
options for an approximate area of 194.5 hectares being balance of non-required
land from Hogan’s Pocket Landfill Site for grazing purposes.
2. New Lease from EB to Mackay Regional Council for an eight (8) year term plus
2 x 1 year options for an approximate area of 12482m2 within Lot 49 on
SP199178 known as 22494 Peak Downs Highway, Hazledean for access and
construction of a communication tower purposes.
Background/Discussion
Hogan’s Pocket Landfill is Council's primary waste disposal facility. The landfill is an
accelerated, stabilised, engineered landfill that incorporates water management systems,
leachate collection systems, groundwater monitoring wells, fully engineered cells,
buffer zones between the landfill and the surrounding environment and a landfill gas
recovery system. The landfill is designed with a 50 year life expectancy over 11 stages,
known as cells.
The landfill cell footprint, access road, sedimentation ponds leachate collection ponds
and working areas comprise approximately 40 hectares. This has resulted in
approximately 230 hectares of buffer land being available for grazing during the life of
the landfill operation.
The development of additional infrastructure in subsequent years will require
construction materials to be sourced from “borrow pits” located onsite, however this
will have minimal impact on the areas ability to be leased for grazing purposes.
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Additionally despite ongoing investment in 3G technology, communication with this
remote site continues to be poor due to nominal communication capabilities.
Implementation of a communication solution capable of carrying data, voice and video
is critical to the ongoing management strategy for Hogan’s Pocket would result in
reduced risk, management costs and improved performance in the short, medium and
long term.
Due to the location of the facility and limited communication options a viable point to
point communication system would require construction of a communications tower
and point of access from Hogan’s Pocket Landfill site to a leased area of land owned by
EB.
EB, the adjoining property owner to the Hogan’s Pocket Landfill site, has occupied via
lease agreement, the balance of land available for grazing purposes since 1 July 2005,
which was awarded by the tender process. The recent lease expired on 31 January 2016
and has continued on a month to month basis.
In May 2016 negotiations commenced between EB and Council’s Waste Services
Program in respect to:-
1. Renewal of Lease from Council to the EB for a full term of 10 years over a
revised area to take into consideration land completed and new cells as required;
and
2. New Lease from EB to Mackay Regional Council for an eight (8) year term plus
2 x 1 year options for an approximate area of 12482m2 within Lot 49 on
SP199178 known as 22494 Peak Downs Highway, Hazledean, for access and
construction of a communication tower.
The outcome of these negotiations was that both Council and the Lessee agreed that:-
1. Nil lease rental would be payable to Council or EB, this offsetting rental to
each party.
2. The term of the lease agreements would be 10 years, being and initial term of 8
years plus 2 x 1 year options.
An exemption to the tendering of the land under Section 236 (1)(c)(iii) and (iv)of the
Local Government Regulation 2012 being “Subject to subsections (2) to (4), a local
government may dispose of a valuable non-current asset other than by tender or auction
if –”
(iii) “the disposal is for the purpose of renewing the lease of land to the existing tenant
of the land; or
(iv) the land is disposed of to a person who owns adjoining land if –
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(a) the land is not suitable to be offered for disposal by tender or auction for
a particular reason, including, for example, the size of the land or the
existence of particular infrastructure on the land; and
(b) there is not another person who owns other adjoining land who wishes to
acquire the land; and
(c) it is in the public interest to dispose of the land without a tender or
auction; and
(d) the disposal is otherwise in accordance with sound contracting
principles."
The foundation for the exemption is that:-
1. Council are renewing the lease of land to EB, being the previous tenant of the
land; and
2. EB is the sole adjoining freehold property owner; and
3. EB as the sole adjoining property owner is the only party in which Council can
acquire the Lease for the access and communications tower.
Therein it is in the public interest to dispose of the land to EB in accordance with sound
contracting principles.
Such an exemption needs approval by Council resolution, meaning that it needs to be
adopted at the Ordinary meeting of Council. With such an exemption Council is not
required to call tenders before leasing of the Hogan’s Pocket Landfill site property to
EB.
Consultation and Communication
Consultation has occurred between EB, Coordinator Waste Services, Manager Waste
Services, Survey Coordinator – Technical Services, Supervisor Land Operations –
Property Services and solicitors SB Wright & Wright and Condie.
Resource Implications
Previous lease rental income received from EB of $550.00 per annum will be offset
against the new EB lease to Council for the access and communication tower lease.
Therein the rental costs both charged and received by Council will be Nil.
Risk Management Implications
EB, the adjoining property owner to the Hogan’s Pocket Landfill site has occupied and
maintained the Lease site since 2005. Should the lease not be renewed, Council would
be required to maintain the balance of land which contains the Hogan’s Pocket Landfill
Site. This agreement with our immediate neighbour contributes to the ongoing positive
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relationship Council has with the sites most sensitive receptor. Granting of a lease to a
new party as a standalone lease when Council has a very successful long term
established relationship with EB may impede Council’s ability in dealing in the future
with the proposed Leased land.
Despite ongoing investment in 3G technology, communication with this remote site
continues to be poor. Steps to improve the performance of the site are constrained by
poor communication capabilities. Implementation of a small footprint communication
tower solution capable of carrying data, voice and video is critical to the ongoing
management strategy for Hogan’s Pocket and would result in reduced environmental
risks, improved site performance outcomes and anticipated financial efficiencies.
Conclusion
That the granting of a renewed lease to EB, the adjoining land owner, who has shown a
long term commitment to the land is the most advantageous outcome to Council.
That receipt of a new lease from EB for construction of a communication tower and
access to the communication tower from the Hogan’s Pocket Landfill site provides
Council with a significant opportunity to support planned and proposed technology
initiatives and reduce risk, management costs and improve performance outcomes in
the short, medium and long term.
Officer's Recommendation
THAT the Committee endorses the below and recommends approval to the
Ordinary Meeting of Council:-
A. THAT Council approve an exemption under Section 236 (1)(c)(iii) of
the Local Government Regulation 2012 “Subject to subsections (2) to
(4), a local government may dispose of a valuable non-current asset
other than by tender or auction if ”– “the disposal is for the purpose of
renewing the lease of land to the existing tenant of the land;”
B. FURTHER THAT Council approve a renewed lease for an initial term
of eight (8) years with 2 x 1 year options to Edward Butterworth over
parts of Lot 1414 on C124329, Lot 68 on C124768 and Lot 1602 on
C124429 being the Hogan’s Pocket Landfill site for a total
approximate area of 194.5 hectares for grazing purposes.
C. ALSO THAT Council approve a new lease for an initial term of eight
(8) years with 2 x 1 year options from Edward Butterworth to Mackay
Regional Council for part of Lot 49 on SP199178, as shown on
Drawing A3-9116 for an approximate area of 12482m2 being for
access and construction of a communication tower.
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Cr Bonaventura queried if maintenance of Mr Butterworth's parcel of land had been
included in the lease agreement to ensure the noxious weeds are controlled to
appropriate levels.
The Director of Organisational Services (DOS) advised he would take that request on
notice and come back to the Committee.
Council Resolution
THAT the Officer's Recommendation be adopted.
Moved Cr Paton Seconded Cr Bella
CARRIED
8.4 PERMANENT ROAD CLOSURE APPLICATION: BIRKETTS
ROAD, BENHOLME
File No RP735880/2
Author Manager Property Services
Purpose
To approve the Applicant making the following Permanent Road Closure Applications
with the Department of Natural Resources and Mines (“DNRM”);-
Area A. Closure of the approximate area of 36778m2 of Birketts Road for
amalgamation with the adjoining Lot 18 on C124529, which would
include area of Road Licence 5442.
Area B. Closure of the approximate 8947m2 of Birketts Road for amalgamation
with the adjoining Lot 17 on C124511.
Background/Discussion
Mackay Regional Council (‘Council’) received a Permanent Road Closure request from
RPS Australia (RPS) on behalf of the owner (“Applicant”) seeking Council consent to
the permanent road closures of areas A and B as identified on the attached image and
total approximately 45,725m2.
The road closure areas provide legal access to the lots related to this Application and
are owned by the Applicant. Therein permanent road closure of the areas does not
impact any other property.
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The matter was considered by the Land and Road Use Committee on 10 November
2016 with the following comments being made:-
1. No objections raised by Development Assessment to either permanent or
temporary road closure. All affected lots will continue to have legal and
practical access if closure occurs.
2. The proposed closures are outside Council’s maintained road network and
would have no effect on legal access to the lots so offer no objection to
proposal.
Therein the committee supported the permanent road closure as the areas for closure
contained no identified infrastructure or identified future need.
Consultation and Communication
Consultation with the Land and Road Use Committee occurred on 10 November 2016.
The committee consists of Manager Technical Services, Manager Strategic Planning,
Planning Officer, Central Area Maintenance Coordinator, Manager Planning and
Sustainability, Project Manager Water Infrastructure Delivery, Legal Counsel, Manager
Development Engineering, Manager Parks, Environment & Sustainability and Senior
Planner - RPS Australia.
Resource Implications
Nil. All costs borne by applicants.
Risk Management Implications
Should the areas of road not be permanently closed Council may need to maintain the
section of unformed road and accept all current and future liability associated with such
maintenance.
Conclusion
That the applications for proposed permanent road closure for areas A and B of Birketts
Road, Benhome have no adverse impacts on Council’s current or future road reserve
requirements.
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Officer's Recommendation
THAT the Committee offer no objection to the Applicant making application to
the Department of Natural Resources and Mines for closure of areas A and B as
identified on the attached Birketts Road Closure Image and as detailed below:-
A. Closure of Area A for approximately 36778m2 of Birketts Road for
amalgamation with the adjoining Lot 18 on C124529 which would
include area of Road Licence 5442; and
B. Closure of Area B for approximately 89472m2 of Birketts Road for
amalgamation with the adjoining Lot 17 on C124511.
Council Resolution
THAT the Officer's Recommendation be adopted.
Moved Cr May Seconded Cr Paton
CARRIED
8.5 RATES PAYMENT TRIBUNAL COMMITTEE REPORT
File No Rates Payment Review Tribunal Committee Report
Author Revenue Coordinator
Purpose
The Rates Payment Review Tribunal is an independent advisory committee, delegated
by Council to review applications for rate relief.
The Tribunal is seeking confirmation of Tribunal members and endorsement of Minutes
and associated actions of the meeting held 17 November 2016.
Background/Discussion
The Tribunal met on 17 November 2016 to consider one application (Applicant 14) for
review.
The Tribunal recommended an amount of $752.29, being the amount of costs incurred
on the legal action commenced in January 2015, be credited to the applicant's rate
assessment against current arrears.
The Tribunal also recommended amendments to the Terms of Reference of the
Tribunal to allow telephone attendance at meetings by tribunal members.
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Consultation and Communication
Rate Payment Review Tribunal members.
Resource Implications
A budget of $50,000 per annum has been allocated to fund the recommendations of the
tribunal.
Risk Management Implications
Nil.
Conclusion
Following the fourth meeting of the Tribunal, the endorsement of the minutes of the
meeting needs to be addressed.
Officer's Recommendation
THAT the minutes of the Rates Payment Review Tribunal meeting of 17
November 2016 be received.
AND THAT the Tribunal's recommendation with regards to Applicant 14 be
confirmed.
FURTHER THAT the Committee endorses the amendments to the Terms of
Reference of the Rate Payment Review Tribunal and recommends approval to the
Ordinary Meeting of Council.
Committee Resolution
THAT the Officer's Recommendation be adopted.
Moved Cr Bella Seconded Cr Paton
CARRIED
9. TENDERS:
Nil
10. CONSIDERATION OF NOTIFIED MOTIONS:
Nil
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11. PUBLIC PARTICIPATION:
Nil
12. LATE BUSINESS:
Nil
13. CONFIDENTIAL REPORTS:
Nil
14. MEETING CLOSURE:
The Chairperson thanked the Director Organisational Services and his team for all their
efforts during 2016 and wished them all a Happy Holiday Period and a Merry
Christmas.
The meeting closed at 3.19 pm.
15. FOR INFORMATION ONLY:
Nil
Confirmed on Wednesday 15 February 2017
………………………………………
CHAIRPERSON
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APPENDIX / ATTACHMENTS
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