I hereby give notice that an ordinary meeting of the Kaipātiki Local Board will be held on:

 

Date:

Time:

Meeting Room:

Venue:

 

Wednesday, 5 June 2019

9.30am

Kaipātiki Local Board Office
90 Bentley Avenue
Glenfield

 

Kaipātiki Local Board

 

OPEN AGENDA

 

 

 

 

MEMBERSHIP

 

Chairperson

John Gillon

 

Deputy Chairperson

Danielle Grant

 

Members

Paula Gillon

 

 

Ann Hartley, JP

 

 

Kay McIntyre, QSM

 

 

Anne-Elise Smithson

 

 

Adrian Tyler

 

 

Lindsay Waugh

 

 

(Quorum 4 members)

 

 

 

Jacinda  Short

Democracy Advisor - Kaipatiki

 

31 May 2019

 

Contact Telephone: (09) 484 6236

Email: jacinda.short@aucklandcouncil.govt.nz

Website: www.aucklandcouncil.govt.nz

 

 


 

 


Kaipātiki Local Board

05 June 2019

 

 

ITEM   TABLE OF CONTENTS                                                                                        PAGE

1          Welcome                                                                                                                         5

2          Apologies                                                                                                                        5

3          Declaration of Interest                                                                                                   5

4          Confirmation of Minutes                                                                                               5

5          Leave of Absence                                                                                                          5

6          Acknowledgements                                                                                                       5

7          Petitions                                                                                                                          5

8          Deputations                                                                                                                    5

9          Public Forum                                                                                                                  5

10        Extraordinary Business                                                                                                5

11        Adoption of the Kaipātiki Local Board Agreement 2019/2020                                 7

12        Revocation and approval of a new community lease to Glenfield Tennis Club Incorporated at Elliott Reserve, Elliott Avenue, Bayview                                       31

13        Waste Bylaw Statement of Proposal                                                                         51  

14        Consideration of Extraordinary Items 

 

 


1          Welcome

 

 

2          Apologies

 

At the close of the agenda no apologies had been received.

 

3          Declaration of Interest

 

Members are reminded of the need to be vigilant to stand aside from decision making when a conflict arises between their role as a member and any private or other external interest they might have.

 

The Auckland Council Code of Conduct for Elected Members (the Code) requires elected members to fully acquaint themselves with, and strictly adhere to, the provisions of Auckland Council’s Conflicts of Interest Policy.  The policy covers two classes of conflict of interest:

 

i)       A financial conflict of interest, which is one where a decision or act of the local board could reasonably give rise to an expectation of financial gain or loss to an elected member; and

 

ii)      A non-financial conflict of interest, which does not have a direct personal financial component.  It may arise, for example, from a personal relationship, or involvement with a non-profit organisation, or from conduct that indicates prejudice or predetermination.

 

The Office of the Auditor General has produced guidelines to help elected members understand the requirements of the Local Authority (Member’s Interest) Act 1968.  The guidelines discuss both types of conflicts in more detail, and provide elected members with practical examples and advice around when they may (or may not) have a conflict of interest.

 

Copies of both the Auckland Council Code of Conduct for Elected Members and the Office of the Auditor General guidelines are available for inspection by members upon request. 

 

Any questions relating to the Code or the guidelines may be directed to the Relationship Manager in the first instance.

 

4          Confirmation of Minutes

 

That the Kaipātiki Local Board:

a)         confirm the ordinary minutes of its meeting, held on Wednesday, 15 May 2019, including the confidential section, as true and correct.

 

5          Leave of Absence

 

At the close of the agenda no requests for leave of absence had been received.

 

6          Acknowledgements

 

At the close of the agenda no requests for acknowledgements had been received.

 

7          Petitions

 

At the close of the agenda no requests to present petitions had been received.

8          Deputations

 

Standing Order 7.7 provides for deputations. Those applying for deputations are required to give seven working days notice of subject matter and applications are approved by the Chairperson of the Kaipātiki Local Board. This means that details relating to deputations can be included in the published agenda. Total speaking time per deputation is ten minutes or as resolved by the meeting.

 

At the close of the agenda no requests for deputations had been received.

 

9          Public Forum

 

A period of time (approximately 30 minutes) is set aside for members of the public to address the meeting on matters within its delegated authority. A maximum of 3 minutes per item is allowed, following which there may be questions from members.

 

At the close of the agenda no requests for public forum had been received.

 

10        Extraordinary Business

 

Section 46A(7) of the Local Government Official Information and Meetings Act 1987 (as amended) states:

 

“An item that is not on the agenda for a meeting may be dealt with at that meeting if-

 

(a)        The local authority by resolution so decides; and

 

(b)        The presiding member explains at the meeting, at a time when it is open to the public,-

 

(i)         The reason why the item is not on the agenda; and

 

(ii)        The reason why the discussion of the item cannot be delayed until a subsequent meeting.”

 

Section 46A(7A) of the Local Government Official Information and Meetings Act 1987 (as amended) states:

 

“Where an item is not on the agenda for a meeting,-

 

(a)        That item may be discussed at that meeting if-

 

(i)         That item is a minor matter relating to the general business of the local authority; and

 

(ii)        the presiding member explains at the beginning of the meeting, at a time when it is open to the public, that the item will be discussed at the meeting; but

 

(b)        no resolution, decision or recommendation may be made in respect of that item except to refer that item to a subsequent meeting of the local authority for further discussion.”


Kaipātiki Local Board

05 June 2019

 

 

Adoption of the Kaipātiki Local Board Agreement 2019/2020

File No.: CP2019/08461

 

  

Te take mō te pūrongo

Purpose of the report

1.       To adopt a Local Board Agreement 2019/2020, a message from the chair, local board advocacy, and a local fees and charges schedule for 2019/2020.

Whakarāpopototanga matua

Executive summary

2.       Each financial year, Auckland Council must have a local board agreement between the Governing Body and the local board, for each local board area.

3.       From 17 February to 17 March 2019, council consulted on the Annual Budget 2019/2020. Local boards considered this feedback and then held discussions with the Finance and Performance Committee on 8 May 2019 on regional issues, community feedback and key local board initiatives and advocacy areas.

4.       Local boards are now considering local content for the Annual Budget 2019/2020 which includes a local board agreement, a message from the chair, local board advocacy, and a local fees and charges schedule for 2019/2020.

5.       On 20 June 2019, the Governing Body will meet to adopt Auckland Council’s Annual Budget 2019/2020, including 21 local board agreements.

 

Ngā tūtohunga

Recommendation/s

That the Kaipātiki Local Board:

a)      adopts local content for the Annual Budget 2019/2020 (Attachment A), including:

i)          a Local Board Agreement 2019/2020

ii)         a message from the Chair

iii)         local board advocacy.

b)      adopts local fees and charges schedules for 2019/2020 (Attachment B).

c)      delegates authority to the Chair to make any final minor changes to the local content for the Annual Budget 2019/2020, including the Local Board Agreement 2019/2020.

d)      notes:

i)        that Local Board Agreement 2019/2020 local activity budgets will be updated to reflect final budget decisions made by the Governing Body on 22 May 2019

ii)       that if there are outstanding (not yet agreed) matters in the Local Board Agreement 2019/2020, the local board should include an explanation of these matters in the Chair’s message at the front of the agreement

iii)      that the resolutions of this meeting will be reported back to the Governing Body when it meets to adopt the Annual Budget 2019/2020 on 20 June 2019.

 

 

Horopaki

Context

6.       Local board plans are strategic documents that are developed every three years to set a direction for local boards. Local board plans influence and inform the Annual Budget 2019/2020 (and associated local board agreements) which outlines priorities, budgets and intended levels of service for each financial year. Auckland Council must have a local board agreement between the Governing Body and the local board, for each local board area.

7.       Local board nominees have had the opportunity to attend Finance and Performance Committee workshops on key topics, and provide local board views on the Annual Budget 2019/2020 to the Finance and Performance Committee.

8.       From 17 February to 17 March 2019, Council consulted with the public on the Annual Budget 2019/2020. One locally held events were held in the Kaipātiki Local Board area to engage with the community and seek feedback on both regional and local proposals.  Feedback was received through written, event and social media channels.

9.       A report analysing the feedback on local board priorities, as well as feedback from those living in the local board area related to the regional issues, was included as an attachment on the 17 April business meeting agenda.

10.     Local boards considered this feedback, and then held discussions with the Finance and Performance Committee on 8 May 2019 on regional issues, community feedback and key local board initiatives and advocacy areas.

Tātaritanga me ngā tohutohu

Analysis and advice

11.     Both staff and the local board have reviewed the feedback received on Annual Budget 2019/2020 and local boards have received a report analysing the feedback. It is now recommended that local boards adopt local content for the Annual Budget 2019/2020 (Attachment A) including the Local Board Agreement 2019/2020, and a local fees and charges schedule for 2019/2020 (Attachment B).

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

12.     Local boards worked with council departments to develop their local board work programmes for 2019/2020 that will be adopted at June business meetings. The local board work programmes help inform the local board agreements.

13.     Local boards are requested to approve any advocacy initiatives for consideration by the Governing Body and inclusion (as an appendix) to the 2019/2020 Local Board Agreement. Local boards may also include advocacy to Council Controlled Organisation (CCOs).

Ngā whakaaweawe ā-rohe me ngā tirohanga a te poari ā-rohe

Local impacts and local board views

14.     This report seeks local board adoption of its content for the Annual Budget 2019/2020 and other associated material, including the Local Board Agreement 2019/2020.

Tauākī whakaaweawe Māori

Māori impact statement

15.     Many local board decisions are of importance to and impact on Māori. Local board agreements and the Annual Budget are important tools that enable and can demonstrate council’s responsiveness to Māori.

16.     Local board plans, which were developed in 2017 through engagement with the community including Māori, form the basis of local priorities. There is a need to continue to build relationships between local boards and iwi, and where relevant the wider Māori community.

17.     Of those who submitted to the Annual Budget 2019/2020 from the Kaipātiki Local Board area, none identified as Māori.

18.     Ongoing conversations will assist local boards and Māori to understand each other’s priorities and issues. This in turn can influence and encourage Māori participation in council’s decision-making processes.

Ngā ritenga ā-pūtea

Financial implications

19.     The local board agreement includes the allocation of locally driven initiatives (LDI) funding and asset based services (ABS) funding to projects and services for the 2019/2020 financial year.

20.     LDI funding is discretionary funding allocated to local boards based on the Local Board Funding Policy that local boards can spend on local priorities that are important to their communities. Local boards can also utilise LDI funding to increase local levels of service if they wish to do so.

21.     Funding for asset based services (ABS) is allocated by the Governing Body to local boards based on current levels of service to run and maintain  local assets and services including parks, pools and recreation facilities, community facilities, and libraries.

22.     Local boards have the decision making and oversight responsibility in respect of local fees and charges within parameters set by the Governing Body. A local fees and charges schedule for Active Recreation, Community Venues for Hire (including Library rooms for hire) for 2019/2020 is adopted alongside the Local Board Agreement. The fees and charges have been formulated based on region-wide baseline service levels and revenue targets. Where fees and charges are amended by local board that results in lower revenue for Council, the shortfall in revenue will need to be made up by either allocating LDI funds or reducing expenditure on other services to balance overall budgets.

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

23.     Decisions on the local content of the Annual Budget 2019/2020 including the Local Board Agreement 2019/2020 and a local fees and charges schedule for 2019/2020, are required by 7 June 2019 to ensure the Governing Body can adopt the Annual Budget 2019/2020 at its 20 June 2019 meeting.

Ngā koringa ā-muri

Next steps

24.     The resolutions of this meeting will be reported to the Governing Body on 20 June 2019 when it meets to adopt the Annual Budget 2019/2020, including 21 local board agreements.

25.     Minor changes may need to be made to the attachments before the Annual Budget 2019/2020 is adopted, such as correction of any errors identified and minor wording changes. Staff therefore recommend that the local board delegates authority to the Chair to make final changes if necessary.

26.     Local board agreements set the priorities and budget envelopes for each financial year. Work programmes then detail the activities that will be delivered within those budget envelopes. Work programmes will be agreed between local boards and operational departments at business meetings in June 2019.

 

 

Ngā tāpirihanga

Attachments

No.

Title

Page

a

5 June 2019 - Kaipātiki Local Board Business Meeting - Draft Kaipātiki Local Board Agreement 2019/2020

11

b

5 June 2019 - Kaipātiki Local Board Business Meeting - Kaipātiki Local Board fees and charges schedules 2019/2020

27

      

Ngā kaihaina

Signatories

Authors

Paul Edwards - Senior Local Board Advisor - Kaipatiki

Authorisers

Eric Perry - Relationship Manager

 


Kaipātiki Local Board

05 June 2019

 

 

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05 June 2019

 

 

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Kaipātiki Local Board

05 June 2019

 

 

Revocation and approval of a new community lease to Glenfield Tennis Club Incorporated at Elliott Reserve, Elliott Avenue, Bayview.

File No.: CP2019/09007

 

  

 

Te take mō te pūrongo

Purpose of the report

1.       To revoke resolution number KT/2019/34 from the 20 March 2019 Kaipātiki Local Board business meeting granting a lease to the Glenfield Tennis Club and to seek a replacement resolution with the correct terms and conditions.

Whakarāpopototanga matua

Executive summary

2.       At its 20 March 2019 business meeting, the Kaipātiki Local Board received a report seeking approval of a new lease to Glenfield Tennis Club Incorporated for part of Elliott Reserve, R34 Elliott Avenue, Bayview. A copy of the 20 March report is included as Attachment A to this agenda report,

3.       The local board resolved the following relating to the new community lease for Glenfield Tennis Club (resolution number KT/2019/34):

That the Kaipātiki Local Board:

a)       grant a new community lease to Glenfield Tennis Club Incorporated at R 34 Elliott Avenue, Bayview, described as Part Lot 1 DP 92391 and Part Lot 38 DP 46696 and shown outlined in red on Attachment A of the agenda report on the following terms and conditions:

i)    term – ten (10) years commencing 1 May 2019, with one right of renewal for ten (10) years with final expiry on 30 April 2029.

ii)   rent - $1.00 plus GST per annum, if demanded.

iii)   the Glenfield Tennis Club Incorporated Community Outcomes Plan (refer Attachment B to the agenda report) be attached to the lease.

b)       approve the community outcomes plan (refer Attachment B of the agenda report) that will become a schedule to the lease.

c)       note that as part of the community outcomes plan, Glenfield Tennis Club Incorporated will fund and provide an online booking system that will provide pay-to-play for casual games, including some free-to-play court time.

d)       approve all other terms and conditions be in accordance with the Auckland Council Community Occupancy Guidelines July 2012.

CARRIED

4.       As staff were progressing with the lease documentation it was identified that there were discrepancies with the approved lease period and the final expiry date. While the lease was granted for a period of ten years with a further right of renewal for ten years, the resolution also stated the final expiry would be 2029 rather than 2039.

5.       The discrepancy in the term means staff are unable to execute the lease. Staff are seeking clarification on the board’s intentions through a corrected resolution. As the local board have approved the minutes of the 20 March 2019 as true and correct (resolution number KT/2019/43), the recommendation is to revoke resolution number KT/2019/34, granting a lease to the Glenfield Tennis Club, and then approve a new resolution with the correct terms and conditions.

6.       Should the local board not approve a new resolution, staff will be unable to execute a new community lease to Glenfield Tennis Club. This will affect the club’s ability to provide new tennis courts and associated services to the local community

7.       There are no updates to the information in the original agenda report by the Community Lease Advisor at the 20 March 2019 business meeting (as provided as Attachment A) and the advice provided remains the same. Staff recommend that a new community lease be granted to the club for a term of 10 years, commencing 1 May 2019 with one right of renewal for a further 10 years, with the expiry date of 2039.

 

Ngā tūtohunga

Recommendation/s

That the Kaipātiki Local Board:

a)      revoke resolution number KT/2019/34 from the 20 March 2019 business meeting granting a new community lease to Glenfield Tennis Club Incorporated for part of Elliott Reserve, R34 Elliott Avenue, Bayview due to discrepancies in the resolution.

b)      grant a new community lease to Glenfield Tennis Club Incorporated at R 34 Elliott Avenue, Bayview, described as Part Lot 1 DP 92391 and Part Lot 38 DP 46696 and shown outlined in red on Attachment B of this agenda report on the following terms and conditions:

i)     term – ten (10) years commencing 1 May 2019, with one right of renewal for ten (10) years with final expiry on 30 April 2039.

ii)     rent - $1.00 plus GST per annum, if demanded.

iii)    the Glenfield Tennis Club Incorporated Community Outcomes Plan (refer Attachment C to this agenda report) be attached to the lease.

c)      approve the community outcomes plan (refer Attachment C of this agenda report) that will become a schedule to the lease.

d)      note that as part of the community outcomes plan, Glenfield Tennis Club Incorporated will fund and provide an online booking system that will provide pay-to-play for casual games, including some free-to-play court time.

e)      approve all other terms and conditions be in accordance with the Auckland Council Community Occupancy Guidelines July 2012.

 

Ngā tāpirihanga

Attachments

No.

Title

Page

a

5 June 2019 - Kaipātiki Local Board Business Meeting - Agenda report of Glenfield Tennis Club lease on 20 March 2019 Kaipātiki Local Board Business Meeting agenda

35

b

5 June 2019 - Kaipātiki Local Board Business Meeting - Glenfield Tennis Club Inc Site Map

45

c

5 June 2019 - Kaipātiki Local Board Business Meeting - Glenfield Tennis Club Incorporated Community Outcomes Plan

47

     

Ngā kaihaina

Signatories

Authors

Paul Edwards - Senior Local Board Advisor - Kaipatiki

Authorisers

Eric Perry - Relationship Manager

 


Kaipātiki Local Board

05 June 2019

 

 

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05 June 2019

 

 

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05 June 2019

 

 

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Kaipātiki Local Board

05 June 2019

 

 

Waste Bylaw Statement of Proposal

File No.: CP2019/08053

 

  

 

Te take mō te pūrongo

Purpose of the report

1.       To receive the report on waste bylaw statement of proposal from the Regulatory Committee meeting on 11 April 2019.

Whakarāpopototanga matua

Executive summary

2.       The waste bylaw statement of proposal aims to manage and minimise waste, protect the public from health and safety risks and nuisance, and to manage the use of council-controlled public places. This includes:

·    requiring people to deposit and dispose of waste appropriately

·    requiring waste collectors and operators of waste management facilities, resource recovery facilities and donation collection bins (exemptions apply) to obtain an approval (a licence) from council.

·    aligning the definition of cleanfill with the Auckland Unitary Plan which may require some previously exempt waste management facilities to obtain an approval (licence).

·    clarifying that a waste management and minimisation plan is required for all trading, event or filming activities in a council-controlled public place.

·    clarifying that a waste management and minimisation plan is required for any existing (exceptions apply) or planned multi-unit development.

·    clarifying the rules to minimise the potential for shopping trolleys and unaddressed mail to become waste. Businesses party to the existing shopping trolley industry accord will remain exempt, subject to the renewal of the accord.

3.       At the 11 April 2019 Regulatory Committee meeting it was resolved to (resolution number: REG/2019/21)

g)   “request through the Chief Executive that the manager responsible for local board services include this report and attachments on the waste bylaw statement of proposal on the agenda of all local boards for their information”.

4.       A copy of the waste bylaw statement of proposal report has been included in Attachment A to this agenda report for the board’s information. 

 

Ngā tūtohunga

Recommendation/s

That the Kaipātiki Local Board:

a)      receive the report on Waste Bylaw Statement of Proposal from the Regulatory Committee meeting on 11 April 2019. 

 

Ngā tāpirihanga

Attachments

No.

Title

Page

a

05 June 2019 - Kaipātiki Local Board Business Meeting - Waste Bylaw Statement of Proposal

53

     

Ngā kaihaina

Signatories

Authors

Jacinda  Short - Democracy Advisor - Kaipatiki

Authorisers

Eric Perry - Relationship Manager

 


Kaipātiki Local Board

05 June 2019

 

 

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