ORDINARY MUNICIPAL COUNCIL MEETING AGENDA 29 OCTOBER 2020
Clyde Street Clydestraat iClyde Knysna Knysna eKnysna 6570 6570 6570
PO Box 21 Posbus 21 Posbus 21 Knysna Knysna Knysna 6570 6570 6570
Tel: +27 44 302 6300 Tel: +27 44 302 6300 Umnxeba: +27 44 302 6300 Fax: +27 44 302 6333 Faks: +27 44 302 6333 Ifeksi: +27 44 302 6333
Notice is hereby given that an ORDINARY MEETING of the MUNICIPAL COUNCIL of Knysna Municipality will be held on Microsoft Teams on THURSDAY, 29 OCTOBER 2020 at 11:00 to consider the business set forth in the attached agenda.
Kennis geskied hiermee dat ‘n GEWONE VERGADERING van die MUNISIPALE RAAD van Knysna Munisipaliteit op Microsoft Teams op DONDERDAG, 29 OKTOBER 2020 om 11:00 gehou sal word ten einde sake soos uiteengesit in die aangehegte agenda te oorweeg.
Isaziso SENTLANGANISO EQHELEKILEYO yeBHUNGA likaMASIPALA waseKnysna eyakubanjelwa ku Microsoft Teams NGOLWESINE, NGOMHLA WE 29 KU EYEDWARHA 2020 ngentsimibi ye 11:00 umba iyakuba lushishino oluchazwekwi agenda.
CLLR T GOMBO DR L SCHEEPERS The Speaker Acting Municipal Manager Die Speaker Waarnemende Munisipale Bestuurder Usomlomo uManejala kaMasipala
Date : 19 October 2020
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ORDINARY MUNICIPAL COUNCIL MEETING AGENDA 29 OCTOBER 2020
TABLE OF CONTENTS
1. OPENING AND WELCOMING 5 2. SILENT PRAYER 5 3. ATTENDANCE (PER ATTENDANCE REGISTER) 5 3.1 COUNCILLORS PRESENT 5 3.2 COUNCILLORS ABSENT WITH LEAVE 5 3.3 COUNCILLORS ABSENT WITHOUT LEAVE 5 3.4 OFFICIALS PRESENT 5 3.5 MEMBERS OF THE AUDIT COMMITTEE PRESENT 5 3.6 MEMBERS OF THE PUBLIC PRESENT 5 NOTING OF THE PROVISIONS OF CODE OF CONDUCT FOR 4. 5 COUNCILLORS 5. DISCLOSURE OF INTEREST 5 6. LONG SERVICES AWARDS 5 7. INTRODUCTION OF NEWLY APPOINTED STAFF 5 8. CONFIRMATION OF MINUTES 8.1 ORDINARY MUNICIPAL COUNCIL MEETING : 1 OCTOBER 2020 6 8.2 SPECIAL MUNICIPAL COUNCIL MEETING : 13 OCTOBER 2020 27 9. EXECUTION LIST 35 10. STATEMENTS AND COMMUNICATIONS OF THE SPEAKER 10.1 REPORT FROM THE SPEAKER 68 STATEMENTS AND COMMUNICATIONS BY THE EXECUTIVE 11. MAYOR 11.1 STATEMENTS OF THE EXECUTIVE MAYOR 69 REPORTS OF THE GARDEN ROUTE DISTRICT MUNICIPALITY 12. REPRESENTATIVES 12.1 No report received at time of compilation of the agenda 73 13. REPORTS OF SALGA REPRESENTATIVES 13.1 No report received at time of compilation of the agenda 74 14. ITEMS FOR CONSIDERATION 14.1 RECOMMENDATIONS FROM THE MAYORAL COMMITTEE FINANCIAL AND CORPORATE SERVICES COMMITTEE MEETING :
13 OCTOBER 2020 REPORT ON THE IMPLEMENTATION OF THE SUPPLY CHAIN MFC04/10/20 MANAGEMENT POLICY FOR THE PERIOD ENDING 30 SEPTEMBER 75 2020 REPORT BACK ON THE APPLICATION TO PURCHASE A PORTION MFC08/10/20 OF PORTION 6 OF THE FARM HOOGEKRAAL NO 182 (A PORTION 75 OF SEAVIEW DRIVE EAST) MFC10/10/20 APPLICATION TO LEASE A PORTION OF ERF 240 KARATARA 76 COMMUNITY SERVICES COMMITTEE MEETING : 14 OCTOBER
2020 MC05/10/20 PROVINCIALISATION OF MUNICIPAL MUSEUMS 76 INFRASTRUCTURE SERVICES COMMITTEE MEETING : 14
OCTOBER 2020
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REPORT ON ILLEGAL AND UNAUTHORISED ELECTRICAL MIS07/10/20 77 CONNECTIONS INTEGRATED HUMAN SETTLEMENTS COMMITEE MEETING : 15
OCTOBER 2020 MIHS02/10/20 SUBMISSION OF THE REVISED BUSINESS PLAN RECEIVED FROM 77 THE WCDOHS MIHS03/10/20 FORMAL SUBMISSION – CONSIDERATION OF THE OVERALL 78 DRAFT I.H.S POLICY (PART 2) MIHS04/10/20 SANRAL AND HDA PROPOSED NEKKIES INTERCHANGE DEVELOPMENT: CONCLUSION OF AN IMPLEMENTATION 79 PROTOCOL (IP) MIHS05/10/20 IMPLEMENTATION SOUTHERN CAPE CORRIDOR DEVELOPMENT (SCCD) CATALYTIC PROJECT BUSSINESS PLAN AND FINANCIAL 79 MODELLING NEW MATTERS SUBMITTED BY THE ACTING MUNICIPAL 15. MANAGER C01/10/2020 REPORT ON AUDIT COMMITTEE MEETING 20 AUGUST 2020 81 QUARTERLY BUDGET STATEMENT – QUARTER 1 ENDING C02/10/2020 99 SEPTEMBER 2020 16. ITEMS FOR NOTING 16.1 RESOLUTIONS FROM THE MAYORAL COMMITTEE FINANCIAL AND CORPORATE SERVICES COMMITTEE MEETING:
13 OCTOBER 2020 MFC01/10/20 INSURANCE REPORT 164 MFC02/10/20 MONTHLY BUDGET STATEMENT – AUGUST 2020 164 MFC03/10/20 CAPITAL BUDGET REPORT - 2020/2021 (AS AT 31 AUGUST 2020) 164 QUARTERLY REPORT ON LEGAL MATTERS: QUARTER 1 OF MFC05/10/20 165 2020/2021 PROPOSED POLICY ON LEGAL REPRESENTATION FOR MFC06/10/20 165 COUNCILLORS AND MUNICIPAL EMPLOYEES MFC07/10/20 IMMOVABLE PROPERTY MANAGEMENT POLICY (REVIEWED) 165 REPORT BACK ON THE APPLICATION FOR A LEASE AGREEMENT MFC09/10/20 166 FOR A PORTION OF ERF 2252, (HORNLEE) KNYSNA MFC11/10/20 APPLICATION TO LEASE A PORTION OF ERF 2058 SEDGEFIELD 166 MFC12/10/20 APPLICATION TO LEASE A PORTION OF ERF 2745 KNYSNA 166 COMMUNITY SERVICES COMMITTEE MEETING : 14 OCTOBER
2020 JULY 2020 REPORT FROM GARDEN ROUTE DISTRICT MC01/10/20 167 MUNICIPALITY MC02/10/20 AUGUST 2020 REPORT FROM GARDEN ROUTE DISTRICT 167 MUNICIPALITY MC03/10/20 SEPTEMBER 2020 REPORT FROM GARDEN ROUTE DISTRICT 167 MUNICIPALITY MC04/10/20 COMMUNITY SERVICES MONTHLY REPORT FOR THE PERIOD 167 AUGUST 2020 INFRASTRUCTURE SERVICES COMMITTEE MEETING : 14
OCTOBER 2020 MIS01/10/20 REPORT ON THE OPERATIONS AND MAINTENANCE TO STORM 168 WATER AND ROADS FOR THE PERIOD AUGUST 2020
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MIS02/10/20 REPORT ON THE OPERATIONS AND MAINTENANCE TO WATER 168 AND SEWER FOR JUNE TO AUGUST 2020 MIS03/10/20 REPORT ON ALL CAPITAL AND MIG PROJECTS – SEPTEMBER 2020 168 MIS04/10/20 REPORT ON THE OPERATIONS AND MAINTENANCE TO WATER 168 AND SEWER FOR JUNE TO AUGUST 2020 MIS05/10/20 ELECTRO-TECHNICAL CAPITAL REPORT SEPTEMBER 2020 168 MIS06/10/20 REPORT ON THE MUNICIPAL FLEET SEPTEMBER 2020 169 INTEGRATED HUMAN SETTLEMENTS COMMITTEE MEETING : 15
OCTOBER 2020 MONTHLY UPDATE : AUGUST 2020: STATUS OF KNYSNA HOUSING MIHS01/10/20 CAPITAL PROJECTS FOR THE PERIOD 2020/21 FINANCIAL YEAR 169 AND A PLAN FOR 2019/20 PLANNING AND DEVELOPMENT COMMITTEE MEETING : 15
OCTOBER 2020 MP&D01/10/20 WESGRO PROGRESS REPORT ON TOURISM FUNCTION DELIVERY 169 WITHIN THE GREATER KNYSNA MUNICIPAL MP&D02/10/20 ENVIRONMENTAL MANAGEMENT DEPARTMENT – MONTHLY 170 REPORT AUGUST 2020 MP&D03/10/20 ECONOMIC DEVELOPMENT DEPARTMENT – AUGUST MONTHLY 170 REPORT MP&D04/10/20 EXPANDED PUBLIC WORKS PROGRAMME (EPWP) REPORT 170 MP&D05/10/20 MONTHLY PERFORMANCE REPORT AUGUST 2020–LAND USE 170 MANAGEMENT DEPARTMENT MP&D06/10/20 BUILDING CONTROL DIVISION REPORT FOR AUGUST 2020/2021 170 MP&D07/10/20 ESTUARY POLLUTION COMMITTEE REPORT AUGUST 2020 171 MP&D08/10/20 CONDITIONS OF APPROVALS FOR THE THESEN ISLAND 171 DEVELOPMENT : PHASE 5A WESTERN CAPE ECONOMIC DEVELOPMENT SERVICES LEVEL MP&D09/10/20 171 AGREEMENT GARDEN ROUTE DEVELOPMENT PARTNERSHIP 17. CONSIDERATION OF MOTIONS 17.1 MOTION 1 : MEETING SCHEDULE 172 17.2 MOTION 2 : DELEGATION REGISTER 175 18. CONSIDERATION OF QUESTIONS No report received at time of compilation of the agenda. 178 19. CONSIDERATION OF MOTIONS OF EXIGENCY 19.1 No report received at time of compilation of the agenda. 178 20. IN COMMITTEE (GREEN PAGES) 178 21. ADJOURNMENT 178
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A G E N D A
1. OPENING AND WELCOMING
2. SILENT PRAYER
3. ATTENDANCE (as per attendance register)
3.1 Councillors Present 3.2 Councillors Absent with Leave 3.3 Councillors Absent without Leave 3.4 Officials Present 3.5 Members of the Audit Committee Present 3.6 Members of the Public Present
4. NOTING THE PROVISIONS OF SCHEDULE 1 (CODE OF CONDUCT FOR COUNCILLORS) OF THE LOCAL GOVERNMENT MUNICIPAL SYSTEMS ACT, 2000
5. DISCLOSURE OF INTERESTS BY COUNCILLORS
6. LONG SERVICE AWARDS
None
7. INTRODUCTION OF NEWLY APPOINTED STAFF
None
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ORDINARY MUNICIPAL COUNCIL MEETING AGENDA 29 OCTOBER 2020
8. CONFIRMATION AND ADOPTION OF MINUTES OF THE MUNICIPAL COUNCIL
8.1 ORDINARY MUNICIPAL COUNCIL MEETING : 1 OCTOBER 2020
RECOMMENDATION
That the minutes of the Ordinary Council meeting held on 1 October 2020, be confirmed.
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ORDINARY MUNICIPAL COUNCIL MEETING AGENDA 29 OCTOBER 2020
KNYSNA LOCAL MUNICIPALITY
M I N U T E S
OF AN ORDINARY MEETING OF THE MUNICIPAL COUNCIL OF KNYSNA MUNICIPALITY WHICH WAS HELD ON Thursday, 1 October 2020 at 09:01 on Microsoft Teams
COUNCILLORS IN ATTENDANCE
Speaker, Cllr Gombo, T M E [ANC] Executive Mayor, Cllr Van Aswegen, E [COPE] Deputy Executive Mayor, Cllr Tsengwa, N [ANC] Cllr Croutz, C [ANC] Cllr Davis, L V [DA] Cllr Kwinana, S I [DA] Cllr Matika, T [ANC] Cllr Matiwane, M G [ANC] Cllr Naki, M N [ANC] (from 11:40) Cllr Ngqezu, S S [ANC] Cllr Opperman, L [DA] Cllr Salaze, M W [KUC] Cllr Skosana, M [ANC] Cllr Stroebel, H [DA] Cllr Tyokolo, L [DA] Cllr Wasserman, M L [DA] Cllr Weideman, A C F [DA] Cllr Wolmarans, G [DA]
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ORDINARY MUNICIPAL COUNCIL MEETING AGENDA 29 OCTOBER 2020
OFFICIALS IN ATTENDANCE
Scheepers, L Acting Municipal Manager Mattheus, C Acting Director : Corporate Services & Manager : Administration Hariparsad, P Director : Infrastructure Services Boyce, M Director : Planning and Development Michaels, M Acting Director : Financial Services Phillips, E Director : Community Services Adonis, D Acting Director : Integrated Human Settlements Mkqungwana, J Housing Practitioner Petuna, L Manager : Integrated Human Settlements Chordnum, C Manager : IDP Meyer, R Manager : Disaster Management Kruger, F Manager : Supply Chain Management Mndebela, N Head : Properties Bezuidenhout, C Manager : Communications & IGR McCartney, W Chief Audit Executive Botha, M Legal Advisor Cornelius, B Co-ordinator : Public Participation Kortje, V Sport Development Officer Pondiyi, N Communications Officer Hofhuis, K Executive Assistant : Office of the Executive Mayor Campher, E Administrator : Knysna Municipal Planning Tribunal Lakay, J Head : Committee and Councillor Support Burger, T Senior Clerk : Committees Wali, T Interpreter
AUDIT COMMITTEE
Mr Ray Barrell Mr Richard Thorpe Mr Johan Roux
MEMBERS OF THE PUBLIC
No members of the public present. The meeting was live-streamed on MS Teams.
1. OPENING AND WELCOMING
The Speaker welcomed Councillors, officials and members of the public to the meeting whereafter a roll call confirmed the attendees as mentioned above.
2. SILENT PRAYER
A prayer was conducted by Cllr L Davis.
A moment of silence was observed for the passing of Bart Ngxolwane (interpreter).
3. ATTENDANCE OF MEMBERS
3.1 Councillors Present
Eighteen (18) Councillors present One (1) Vacancy – Ward 9
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One (1) Vacancy – Ward 10 ACDP - PR Councillor
3.2 Councillors Absent with Leave
None
3.3 Councillors absent without Leave
None
4. NOTING OF THE PROVISIONS OF THE CODE OF CONDUCT FOR COUNCILLORS
The Speaker drew the attention of Councillors to the Schedule 1 of the Local Government : Municipal Systems Act, 2000.
UNANIMOUSLY RESOLVED
That the Code of Conduct for Councillors, be noted.
5. DISCLOSURE OF INTERESTS
That it be noted that no member or other Councillor declared any interest in any matter in the Agenda.
6. LONG SERVICE AWARDS
None
7. INTRODUCTION OF NEWLY APPOINTED STAFF
None
The Acting Municipal Manager, Cllr L Davis, Cllr Skosana, Cllr Croutz and Cllr van Aswegen congratulated the Director : Community Services on his appointment as Municipal Manager at Cape Aghulas.
8. CONFIRMATION AND ADOPTION OF MINUTES OF THE MUNICIPAL COUNCIL
8.1 SPECIAL MUNICIPAL COUNCIL MEETING : 25 AUGUST 2020
UNANIMOUSLY RESOLVED
That the minutes of the Special Municipal Council meeting held on 25 August 2020, be confirmed and adopted as a true reflection of the proceedings.
8.2 ORDINARY MUNICIPAL COUNCIL MEETING : 27 AUGUST 2020
UNANIMOUSLY RESOLVED
That the minutes of the Ordinary Municipal Council meeting held on 27 August 2020, be confirmed and adopted as a true reflection of the proceedings, subject to the following :
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“That the engagement be within the next 21 days”, be added to the resolution.
9. EXECUTION LIST (MATTERS ARISING FROM THE MINUTES)
UNANIMOUSLY RESOLVED
That the matters arising from the minutes of the scheduled meetings held in August 2020, be noted.
10. STATEMENTS AND COMMUNICATIONS OF THE SPEAKER
10.1 REPORT ON MEETINGS/FUNCTIONS ATTENDED BY THE SPEAKER, CLLR MERTLE GOMBO FOR THE MONTH OF AUGUST 2020
That the report from the Speaker with regard to functions, meetings and workshops attended, for the period of August 2020 to September 2020, be noted.
File Number : 9/1/1/1 Execution : Office of the Speaker
11. STATEMENTS AND COMMUNICATIONS OF THE EXECUTIVE MAYOR
11.1 FUNCTIONS, MEETINGS & WORKSHOPS ATTENDED BY THE EXECUTIVE MAYOR
UNANIMOUSLY RESOLVED
That the report from the Executive Mayor with regard to functions, meetings and workshops attended for the period 17 August 2020 to 18 September 2020, be noted.
File Number : 9/1/1/1 Execution : Office of the Executive Mayor
12. ITEMS FOR CONSIDERATION
12.1 RECOMMENDATIONS FROM THE MAYORAL COMMITTEE
MFC02/09/2020 QUARTERLY BUDGET STATEMENT – QUARTER 4 ENDING JUNE 2020
UNANIMOUSLY RESOLVED
That the quarterly budget statement for Quarter 4 of 2019/2020 ending June 2020 prepared to comply with the legislative requirements of Section 52(d) of the MFMA, be noted.
File Number : 9/1/2/10 Execution : Director : Financial Services
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MP&D11/09/2020 BONGANI CATCHMENT REHABILITATION PLAN
UNANIMOUSLY RESOLVED
[b] That provision be made in the 2021/22 financial year for the required budget to proceed with the rehabilitation programme as per the environmental authorisations.
File Number : 9/1/2/13 Execution : Director : Planning & Development
MIHS02/09/2020 SOCIAL HOUSING PROGRAMME
UNANIMOUSLY RESOLVED
[a] That the launch of the Knysna Municipality’ initial social housing and CRU pilot projects, be approved; [b] That approval be given by Council for the call for formal proposals in terms of the internal SCM guidelines to interested accredited Social Housing institutions to provide proposal on how they will develop the identified Council Milkwood Municipal flats to upgrade and provide additional social housing opportunities;
[c] That further approval be given for the Municipality to formally apply for CRU State Funding consideration for upgrading of Curley Court to enhance its long term management viability and sustainability as a Council rental asset for low income households;
[d] That the proposed criteria mentioned below for such developments be the determinant factor to evaluate the social housing proposals; and
i. Formal accreditation by Social Housing Regulatory Authority (SHRA); ii. Projects to be located in Restructuring Zones as approved by the Municipality and Gazetted by National Department of Human Settlements; iii. Compliance with policy and program instruments as outlined in the Social Housing Act, Housing Act and Code; iv. Income targets for Primary and Secondary Social Housing Beneficiaries as defined by the Social Housing Act, 2009 as amended from time to time; v. Projects to promote Socio-economic integration by virtue of being in well located areas with sufficient facilities and amenities; vi. Project feasibility within State Funding Instruments;
[e] That approval be granted to Knysna Municipality to respond to the invitation by the SHRA to formally apply for its fully funded incubation programme to enhance the six (6) chosen Municipalities’’ internal SH capacity over 3 years.
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M01/09/2020 REPORT ON INTEGRATED SETTLEMENTS : IDENTIFICATION OF INFORMAL AREAS WITHIN GREATER KNYSNA MUNICIPAL AREA AND ELECTRIFICATION
UNANIMOUSLY RESOLVED
[a] That the relevant Transitional Relocation Areas of Qolweni, Oupad, DamseBos, White location, Happy Valley, Ethembeni, Nekkies East, Kalkol, Heidevallei and Rheenendal be re-defined as Informal areas;
[b] That the Infrastructure Services Directorate facilitate the provision of basic services, inclusive of Electricity, in the areas mentioned in [a] above;
[c] That the Infrastructure Services Directorate develop a plan of electrification of the areas mentioned in [a] above for approval of the Municipal Council;
[d] That the Spatial Development Framework be amended to ensure the identification of Land for future Human Settlements developments;
[e] That the Integrated Human Settlements Directorate utilise vote number 9/216-52-839 for the repair of the relevant Bungalows;
[f] That the Infrastructure Services Directorate facillitate the electrification of the relevant Wendy Houses; and
[g] That the Integrated Human Settlements Directorate verify occupants of the Wendy Houses and formulate a database of the same.
File Number : 9/1/2/1 Execution : Director : Infrastructure Services Acting Director : Infrastructure Services
Body break from 11:19 to 11:30
13. NEW MATTERS SUBMITTED BY THE ACTING MUNICIPAL MANAGER
C01/10/2020 AUDIT COMMITTEE EXTENSION OF THE TERMS FOR OFFICE OF MR. MF HENNESSY AND MR. JG ROUX
UNANIMOUSLY RESOLVED
[a] That the terms of office for Mr MF Hennessy and Mr JG Roux be extended to terminate no later than two months after the Auditor General has issued the 2019/2020 Audit Report; and
[b] That the vacancies in the Audit Committee be advertised in order to fill the positions.
File Number : 9/1/2/14 Execution : Acting Municipal Manager Chief Audit Executive
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Cllr Matiwane returned at 11:39 Cllr Skosana returned at 11:39
C02/10/2020 BACKDATE OF SERVICE CHARGES ACCORDING TO SECTION 13 (2) OF THE TARIFF POLICY
UNANIMOUSLY RESOLVED
[a] That the report on the backdating of Service Charges according to Section 13(2) of the approved Tariff Policy, be noted;
[b] That the payment over six (6) months in equal instalments, without interest, of the consumer accounts (properties) not billed for the basic water charges, be approved subject thereto that if an effected consumer do not pay said water charges within the six (6) months granted, interest shall be charged to such account;
[c] That Section 13(2) of the Tariff Policy be amended by adding the following :
“An error or omission in the levying of services tariffs will be corrected and backdated for a period of 6 months”; and
[d] That the administration investigate the reasons for wrong billing of customer accounts and that a comprehensive report be provided.
File Number : 9/1/2/10 Execution : Acting Municipal Manager Director : Financial Services Manager : Income
C03/10/2020 RESIGNATION OF CLLR IAN UYS OF THE ACDP AND APPOINTMENT OF A NEW CHAIRPERSON OF MPAC
Cllr L Tyokolo proposed, seconded by Cllr C Weideman that Cllr M Wasserman be appointed as the Chairperson of the Municipal Public Accounts Committee (MPAC).
RESOLVED BY MAJORITY
[a] That the resignation of Cllr Ian Uys as a proportional representative of the African Christian Democratic Party (ACDP) in the Municipal Council, be noted; and
[b] That Cllr M Wasserman be appointed as the Chairperson of the Municipal Public Accounts Committee (MPAC). File Number : 9/1/1/2 Execution : Acting Municipal Manager Municipal Electoral Officer
The following Councillors requested that their vote against the above resolution be recorded :
Cllr C Croutz
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Cllr T Gombo Cllr T Matika Cllr M Matiwane Cllr M Naki Cllr S Ngqezu Cllr M Skosana Cllr A Tsengwa
C04/10/2020 REPORT TO COUNCIL ON THE DISPOSAL OF ERF 1339, ERF 1316 AND NEW STREET
That the item be withdrawn and be submitted to the Financial and Corporate Services Committee Meeting and that a site visit be arranged prior to the meeting.
C05/10/2020 MUNICIPAL PLANNING TRIBUNAL MEMBER APPOINTMENT
UNANIMOUSLY RESOLVED
That Council approves the appointment of Ms. Melanie Koen as an external member of the Knysna Municipal Planning Tribunal, as contemplated in Section 71(2)(a) of the Knysna Municipality Bylaw on Municipal Land Use Planning (2016) period of 5 years or until Ms. Koen leaves the employ of Department of Agriculture, Forestry and Fisheries.
File Number : 9/1/2/13 Execution : Director : Planning & Development
ANC Caucus from 12:25 until 12:40
Lunch break from 12:40 until 13:15
ANC Caucus from 13:38 until 13:49
Cllr H Stroebel left the meeting with permission from the Speaker
DA Caucus from 14:33 until 14:47
C06/10/2020 DEVELOPMENT OF THE HORNLEE : FLISP, BNG, SERVICED SITES AND TEMPORARY RELOCATION AREA
UNANIMOUSLY RESOLVED
[a] That the contents of the report with regard to the development of the different Hornlee sites for human settlements development purposes be noted;
[b] That Council utilise the backyarder project to resolve the land requirements;
[c] That the Acting Municipal Manager in conjunction with Acting Director Integrated Human settlements facilitates fast tracking of the backyarder project;
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[d] That land for temporary relocation of families living in the backyard be identified so as to ensure containment of the current impasse;
[e] That the Acting Municipal Manager be mandated to proceed with the identification of land as a TRA in order to accommodate backyarders;
[f] That the Acting Director: Integrated Human Settlements to identify land and report to Council at the next Council meeting;
[g] That the administration investigate alternative housing opportunities and typologies on erf 4712 in Hornlee;
[h] That the Acting Municipal Manager be mandated to call for development proposals on erf 3339 Fisherhaven to accommodate first time home owners within the FLISP/Gap housing market; and
[i] That the land audit of the Greater Knysna be submitted to the next Ordinary Council Meeting for consideration.
File Number : 9/1/2/1 Execution : Acting Municipal Manager Acting Director : Integrated Development Planning Manager : IHS
14. ITEMS FOR NOTING
14.1 RESOLUTIONS FROM THE MAYORAL COMMITTEE
MC01/09/20 COMMUNITY SERVICES MONTHLY REPORT FOR THE PERIOD JULY 2020
UNANIMOUSLY RESOLVED
That the consolidated report of Community Services report for the month of June 2020, be noted.
File Number : 9/1/2/5 Execution : Director : Community Services
MC02/09/20 COVID-19 SITUATION REPORT
UNANIMOUSLY RESOLVED
That the report and contents pertaining to the COVID-19 situation report, be noted.
File Number : 9/1/2/5 Execution : Director : Community Services
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MC03/09/20 INFORMATION REPORT ON MUNICIPAL HEALTH AND ENVIRONMENTAL SERVICES FOR JULY 2020
UNANIMOUSLY RESOLVED
That the Information Report on Municipal Health and Environmental Services for July 2020 be deferred to the next Community Services Committee Meeting.
File Number : 9/1/2/5 Execution : Director : Community Services
MC04/09/20 PROGRESS REPORT ON THE ROLL OUT OF WHEELIE BINS WITHIN THE GREATER KNYSNA MUNICIPAL AREAS
UNANIMOUSLY RESOLVED
That the progress report on the roll out of wheelie bins within the Greater Knysna Municipal area, be noted.
File Number : 9/1/2/5 Execution : Director : Community Services
MC05/09/20 PROGRESS REPORT ON VECTOR CONTROL : RODENTS
UNANIMOUSLY RESOLVED
That the Progress report on Vector Control : Rodents, be noted.
File Number : 9/1/2/5 Execution : Director : Community Services
MC06/09/20 EXIT STRATEGY OF HOMELESS SHELTER AT LOERIE PARK
UNANIMOUSLY RESOLVED
That the Report and content pertaining the Exit Strategy for Homeless Shelter at Loerie Park, be noted.
File Number : 9/1/2/5 Execution : Director : Community Services
MC07/09/20 ILLEGAL DUMPING CLEAN-UP CAMPAIGN
UNANIMOUSLY RESOLVED
[a] That the report on Illegal Dumping Clean-Up Campaign, be noted;
[b] That through this report a collective plan be established with all relevant departments and role players;
[c] That co-ordination(s) be implemented to have a greater impact, especially between:
1. Grass Cutting
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2. Storm-water Channel cleaning 3. Solid Waste : Clean-ups and or Collection and removal; and
[d] That a specific person from all relevant departments whose task will be to co-ordinate synchronization from their department, be identified.
File Number : 9/1/2/5 Execution : Director : Community Services
MFC01/09/2020 MONTHLY BUDGET STATEMENT – JULY 2020
UNANIMOUSLY RESOLVED
That the contents of the monthly budget statement for June 2020, prepared in compliance with the legislative requirements stipulated in section 71 of the MFMA, be noted.
File Number : 9/1/2/10 Execution : Director : Financial Services
MFC03/09/2020 INSURANCE PORTFOLIO REPORT – 2020/2021
UNANIMOUSLY RESOLVED
[a] That the contents of the report of the Insurance Portfolio for the 2020/2021 financial year, be noted;
[b] That the Acting Municipal Manager ensure that a proper system be implemented to confirm that all valuable assets of the municipality are insured and that assets that do not have any value, not be insured;
[c] That the Insurance Committee of the municipality be revived and that the Acting Municipal Manager ensure that the Directors appoint officials to serve on the said Committee;
[d] That the Acting Municipal Manager ensure that the Insurance Committee meet on a regular basis; and
[e] That as soon as is possible Key Performance Indicators in relation to the Insurance Portfolio, be added to the scorecards of the Municipal Manager and Directors.
File Number : 9/1/2/10 Execution : Acting Municipal Manager Director : Financial Services
MFC04/09/2020 MONTHLY OVERTIME AND STANDBY REPORT JUNE 2020
UNANIMOUSLY RESOLVED
That the contents of the report for overtime and standby for the month of June 2020, be noted.
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File Number : 9/1/2/10 Execution : Director : Financial Services Manager : Expenditure
MFC05/09/2020 PROGRESS ON REVENUE ENHANCEMENT STRATEGY: FOURTH QUARTERLY REPORT (APRIL - JUNE 2020)
UNANIMOUSLY RESOLVED
[a] That the contents of the fourth quarterly report for 2019/20 financial year, be noted;
[b] That the risk register be implemented as such; and
[c] That the Acting Municipal Manager submit a complete list of all the properties owned by the municipality including their extent, zoning and improvements on the properties and that the report be submitted by January 2021.
File Number : 9/1/2/10 Execution : Acting Municipal Manager Director : Financial Services
MFC06/09/2020 OUTSTANDING DEBT REPORT FOR THE QUARTER ENDED 30 JUNE 2020
UNANIMOUSLY RESOLVED
[a] That the credit control and debt collection statistics for the quarter ended 30 June 2020 be noted; and
[b] That the administration explore alternative innovative measures in communicating with the community in relation to the payment of outstanding debt and application for indigent support.
File Number : 9/1/2/10 Execution : Director : Financial Services
MFC07/09/2020 CAPITAL BUDGET REPORT - 2019/2020 (AS AT 30 JUNE 2020)
UNANIMOUSLY RESOLVED
[a] That the 2019/2020 Year-to-Date Capital Budget Report as at 30 June 2020 be noted; and
[b] That Directorates ensure that capital spend is in accordance with the capex budget forecast.
File Number : 9/2/10 Execution : Director : Financial Services
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MFC08/09/2020 SUMMARY OF INVESTMENTS : QUARTER 4 OF 2020
UNANIMOUSLY RESOLVED
That the Summary of Investments for the quarter ending June 2020 be noted.
File Number : 9/1/2/10 Execution : Director : Financial Services
MFC09/09/2020 SUMMARY OF EXTERNAL LOANS : QUARTER 4 OF 2020
UNANIMOUSLY RESOLVED
That the Summary of External Loans for the quarter ending June 2020 be noted.
File Number : 9/1/2/10 Execution : Director : Financial Services
MFC10/09/2020 QUARTERLY WITHDRAWAL REPORT : QUARTER 4 OF 2020
UNANIMOUSLY RESOLVED
[a] That the Quarterly Withdrawal Report for the quarter ending June 2020 be noted; and
[b] That a copy of this report be submitted to the Western Cape Provincial Treasury and the Auditor-General.
File Number : 9/1/2/10 Execution : Director : Financial Services
MFC11/09/2020 QUARTERLY REPORT ON LEGAL MATTERS : QUARTER 4 OF 2019/2020
RESOLVED
[a] That the Quarterly Report on legal matters for Quarter 4 of 2019/2020, be noted; and
[b] That the report on the Cornutti’s matter be submitted to the next Financial and Corporate Services Committee meeting for consideration.
File Number : 9/1/1/1/2 Execution : Acting Municipal Manager Manager : Legal Services
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ORDINARY MUNICIPAL COUNCIL MEETING AGENDA 29 OCTOBER 2020
MFC12/09/2020 HUMAN RESOURCES QUARTERLY REPORT FOR THE MONTH OF JUNE 2020
RESOLVED
That the Human Resources Quarterly Report for the month of June 2020, be noted.
File Number : 9/1/2/8 Execution : Director : Corporate Services
MFC13/09/2020 HUMAN RESOURCES QUARTERLY REPORT FOR THE MONTH OF JULY TO AUGUST 2020
RESOLVED
That the Human Resources quarterly Report for the month of July to August 2020, be noted.
File Number : 9/1/2/8 Execution : Director : Corporate Services Manager : Human Resources
MIS01/09/2020 REPORT ON THE MUNICIPAL FLEET AUGUST 2020
UNANIMOUSLY RESOLVED
That the contents of the report on the municipal fleet for August 2020, be noted.
File Number : 9/1/2/1 Execution : Director : Infrastructure Services
MIS02/09/2020 REPORT ON ALL CAPITAL AND MIG PROJECTS
UNANIMOUSLY RESOLVED
That the contents of the report with regard to Capital and MIG Projects, be noted
File Number : 9/1/2/1 Execution : Director : Infrastructure Services
MIS03/09/2020 REPORT ON WATER LOSSES IN THE GREATER KNYSNA AREA
UNANIMOUSLY RESOLVED
That the contents of the report with regard to water losses in the Greater Knysna Area, be noted.
File Number : 9/1/2/1 Execution : Director : Infrastructure Services
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MIS04/09/2020 ELECTRO-TECHNICAL CAPITAL REPORT SEPTEMBER 2020
UNANIMOUSLY RESOLVED
That the contents of the Electro-Technical Capital Report September 2020, be noted.
File Number : 9/1/2/1 Execution : Director : Infrastructure Services
MIS05/09/2020 REPORT ON THE OPERATIONS AND MAINTENANCE TO STORM WATER AND ROADS FOR THE PERIOD JULY 2020
UNANIMOUSLY RESOLVED
That the contents of the report on the operations and maintenance to storm water and roads for the period July 2020, be noted.
File Number : 9/1/2/1 Execution : Director : Infrastructure Services
MIS06/09/2020 REPORT ON VANDALISM ON WATER AND SEWER INFRASTRUCTURE
UNANIMOUSLY RESOLVED
[a] That the contents of the report on vandalism on water and sewer infrastructure, be noted; and
[b] That a proper risk assessment, with costing, be conducted by a suitable company.
File Number : 9/1/2/1 Execution : Director : Infrastructure Services
MP&D01/09/2020 QUARTER 4 2019/2020 PERFORMANCE REPORT – ECONOMIC DEVELOPMENT DEPARTMENT
UNANIMOUSLY RESOLVED
That the Economic Development Department Departmental Performance Report for Quarter 4 (April, May & June) of 2019/2020 be noted.
File Number : 9/1/2/13 Execution : Director : Planning & Development Manager : Town Planning and Building Control
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MP&D02/09/2020 QUARTER 4 2019/2020 PERFORMANCE REPORT BUILDING CONTROL DEPARTMENT
UNANIMOUSLY RESOLVED
That the Building Control Departmental Performance Report for Quarter 4 (April, May & June) of 2019/2020 be noted.
File Number : 9/1/2/13 Execution : Director : Planning & Development Manager Town Planning and Building Control
MP&D03/09/2020 QUARTER 4 2019/2020 PERFORMANCE REPORT – LAND USE MANAGEMENT DIVISION
UNANIMOUSLY RESOLVED
That the Land Use Management Departmental Performance Report for Quarter 4 (April, May & June) of 2019/2020 be noted.
File Number : 9/1/2/13 Execution : Director : Planning & Development
MP&D04/09/2020 BUILDING CONTROL DEPARTMENT QUARTER 4 OF 2019/2020 – PROGRESS REPORT
UNANIMOUSLY RESOLVED
That the Building Control progress report for Quarter 4 (April and June) of 2019/2020 be noted.
File Number : 9/1/2/13 Execution : Director : Planning & Development Control Office
MP&D05/09/2020 QUARTER 4 2019/2020 PERFORMANCE REPORT ENVIRONMENTAL MANAGEMENT DEPARTMENT
UNANIMOUSLY RESOLVED
That the Environmental Management Departmental Performance Report for Quarter 4 (April, May & June) of 2019/2020 be noted.
File Number : 9/1/2/13 Execution : Director : Planning & Development Environmental Management
MP&D06/09/2020 WESGRO PROGRESS REPORT ON TOURISM FUNCTION DELIVERY WITHIN THE GREATER KNYSNA MUNICIPAL AREA
UNANIMOUSLY RESOLVED
That the WESGRO report for the period May 2020 to July 2020 as required by the Service Level Agreement, be noted.
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File Number : 9/1/2/13 Execution : Director : Planning & Development Manager : Economic Development
MP&D07/09/2020 LAND USE MANAGEMENT DIVISION – JULY REPORT
UNANIMOUSLY RESOLVED
That the Land Use Management Departmental Performance Report for July 2020 be noted.
File Number : 9/1/2/13 Execution : Director : Planning & Development Manager : Economic Development
MP&D08/09/2020 LAND USE MANAGEMENT DIVISION – OVERLAY ZONES PROCESS PLAN
UNANIMOUSLY RESOLVED
That the process plan for the development of the overlay zone for Hornlee, Smutsville and Rheenendal, be noted.
File Number : 9/1/2/13 Execution : Director Planning & Development
MP&D09/09/2020 ECONOMIC DEVELOPMENT DEPARTMENT – JULY REPORT
UNANIMOUSLY RESOLVED
That the Economic Development Department Departmental Performance Report for July 2020 be noted.
File Number : 9/1/2/13 Execution : Director : Planning & Development
MP&D10/09/2020 MONTHLY PERFORMANCE REPORT JULY 2020
UNANIMOUSLY RESOLVED
That the Environmental Management Departmental Performance monthly Report 2020/21 be noted.
File Number : 9/1/2/13 Execution : Director : Planning & Development
MP&D11/09/2020 BONGANI CATCHMENT REHABILITATION PLAN
UNANIMOUSLY RESOLVED
[a] That the report on the rehabilitation of the Bongani catchment be noted;
File Number : 9/1/2/13
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ORDINARY MUNICIPAL COUNCIL MEETING AGENDA 29 OCTOBER 2020
Execution : Director : Planning & Development
MP&D12/09/2020 LARGE MARINE MAMMAL STRANDING PROTOCOL
UNANIMOUSLY RESOLVED
That the Large Marine Animal Stranding protocol, be approved.
File Number : 9/1/2/13 Execution : Director : Planning & Development
MP&D13/09/2020 BUILDING CONTROL DIVISION REPORT FOR JULY 2020/2021
UNANIMOUSLY RESOLVED
That the Building Control Report for July 2020 be noted.
File Number : 9/1/2/13 Execution : Director : Planning & Development
MP&D14/09/2020 WESGRO PROGRESS REPORT ON TOURISM FUNCTION DELIVERY WITHIN THE GREATER KNYSNA MUNICIPAL AREA
UNANIMOUSLY RESOLVED
That the WESGRO report for the period August 2020 as required by the Service Level Agreement, be noted.
File Number : 9/1/2/13 Execution : Director : Planning & Development
MIHS01/09/2020 DRAFT INTEGRATED HUMAN SETTLEMENTS POLICY
UNANIMOUSLY RESOLVED
[a] That the Draft KM IHS Policy framework Part 1 be adopted and approved;
[b] That Part 2 of the Knysna Municipality’ Integrated Human Settlements Policy Framework be submitted to the Integrated Human Settlements Committee for further consideration; and
[c] That the approved Strategic Plan and Policy Framework be workshopped with all staff, other departments, development partners, clients and local community stakeholders to be conducted by the Senior Management of the Integrated Human Settlements Directorate with internal Corporate support from the Public Particiaption and Communications Sections.
File Number : 9/1/2/15 Execution : Acting Director : Integrated Human Settlements
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ORDINARY MUNICIPAL COUNCIL MEETING AGENDA 29 OCTOBER 2020
MIHS03/09/2020 CURRENT STATUS, RISKS AND CHALLENGES – KM HOUSING PROJECTS/PROGRAMME : 2020/21 FY
UNANIMOUSLY RESOLVED
[a] That the proposed interventions to mitigate against the identified risks and challenges, be noted and supported;
[b] That the proposed interventions per project be respectively approved;
[c] That these issues be the subject of a determined Risk Management protocol and processes as outlined and guided by the KM’ internal strategic guidelines; and
[d] That the consideration of the draft IHS Policy and placement process for the Directorate be expedited as it will be pivotal in limiting further consequential risks whilst containing the current risks identified in this report
File Number : 9/1/2/15 Execution : Acting Director : Integrated Human Settlements
MIHS04/09/2020 KNYSNA INTEGRATED HUMAN SETTLEMENTS BUSINESS PLAN
UNANIMOUSLY RESOLVED
That the IHS Business Plan for 2020/21 as approved by the Western Cape Department of Human Settlements, be noted.
File Number : 9/1/2/15 Execution : Acting Director : Integrated Human Settlements
MIHS05/09/2020 HOUSING BUSINESS PLAN COMMENCING 1ST APRIL 2020 AND A PLAN FOR 2020/2021 FINANCIAL YEAR
UNANIMOUSLY RESOLVED
That the report on the performance of the 2019/20 IHS Business Plan, be noted.
File Number : 9/1/2/15 Execution : Acting Director : Integrated Human Settlements
15. CONSIDERATION OF MOTIONS
No report received at time of compilation of the agenda.
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16. Consideration of Questions
16.1 NOTICE OF INTENTION TO INTRODUCE A QUESTION : CLLR M WASSERMAN: TENDER NUMBER T63 OF 2018/19 PROVISION OF SECURITY SERVICES FOR KNYSNA MUNICIPALITY FOR A PERIOD OF THREE (3) YEARS
UNANIMOUSLY RESOLVED
Cllr Wasserman thanked Administration for the answers received.
16.2 NOTICE OF INTENTION TO INTRODUCE A QUESTION: CLLR M WASSERMAN: FISHERHAVEN/HORNLEE GAP HOUSING DEVELOPMENT
UNANIMOUSLY RESOLVED
Cllr Wasserman thanked Administration for the answers received.
17. Consideration of Motions of Exigency
No report received at time of compilation of the agenda.
18. IN COMMITTEE ITEMS (SEE SEPARATE MINUTES)
19. ADJOURNMENT
The Speaker thanked everyone for their contribution and the meeting be concluded at 15:32.
Approved :
Cllr. T M Gombo
……………………….. …………………………. Speaker Date
-oOo-
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ORDINARY MUNICIPAL COUNCIL MEETING AGENDA 29 OCTOBER 2020
8.2 SPECIAL MUNICIPAL COUNCIL MEETING : 13 OCTOBER 2020
RECOMMENDATION
That the minutes of the Special Council meeting held on 13 October 2020, be confirmed.
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ORDINARY MUNICIPAL COUNCIL MEETING AGENDA 29 OCTOBER 2020
KNYSNA LOCAL MUNICIPALITY
M I N U T E S
OF A SPECIAL MEETING OF THE MUNICIPAL COUNCIL OF KNYSNA MUNICIPALITY WHICH WAS HELD ON Tuesday, 13 October 2020 At 12:00 on Microsoft Teams
COUNCILLORS IN ATTENDANCE
Speaker, Cllr Gombo, TME [ANC] Executive Mayor, Cllr Van Aswegen, E [COPE] Deputy Executive Mayor, Cllr Tsengwa, N [ANC] Cllr Croutz, C [ANC] Cllr Davis, L [DA] Cllr Kwinana, S I [DA] Cllr Matika, T C [ANC] Cllr Matiwane, M G [ANC] Cllr Naki, M N [ANC] Cllr Ngqezu, S S [ANC] Cllr Opperman, L V [DA] Cllr Salaze, M [KUC] Cllr Skosana, M D [ANC] Cllr Stroebel, H [DA] Cllr Tyokolo, L [DA] Cllr Wasserman, M [DA] Cllr Weideman, A C F [DA] Cllr Wolmarans, G R [DA]
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ORDINARY MUNICIPAL COUNCIL MEETING AGENDA 29 OCTOBER 2020
OFFICIALS IN ATTENDANCE
Scheepers, L Acting Municipal Manager Memani, M Director : Financial Services Hariparsad, P Director : Technical Services Makoma, P Director : Corporate Services Boyce, M Director : Planning and Development Adonis, D Manager : Parks and Recreation Paulsen, M Manager : Legal Services McCartney, W Chief Audit Executive Mattheus, C Manager : Administration Services Bezuidenhoudt, C Manager : Communications and IGR Makuyekwe, F Acting Manager : LED Chordnum, C Manager : Performance and IDP Plaatjies, L Acting Manager : ICT Nkame, D Communications Officer Campher, E Administrator : KMPT Botha, M Legal Advisor Pondoyi, N Communications Officer Cornelius, B PPU Officer Lakay, J Head : Committee and Councillor Support
AUDIT COMMITTEE
Barrell, R Roux, J
PUBLIC MEMBERS
The meeting was streamed live.
1. OPENING AND WELCOMING
The Speaker welcomed Councillors and officials to the meeting on Microsoft Teams whereafter a roll call confirmed that all Councillors (18), the officials and members of the Audit committee as recorded above, were present.
2. SILENT PRAYER
A moment of silent prayer and reflection was observed.
3. ATTENDANCE OF MEMBERS
3.1 Councillors Present
Eighteen Councillors present.
One (1) Resignation – PR [ACDP] One (1) Vacancy – Ward 9 One (1) Resignation – Ward 10
3.2 Councillors Absent with Leave
None
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3.3 Councillors absent without Leave
None
4. NOTING OF THE PROVISIONS OF THE CODE OF CONDUCT FOR COUNCILLORS
The Speaker drew the attention of Councillors to the Schedule 1 of the Local Government: Municipal Systems Act, 2000.
UNANIMOUSLY RESOLVED
That the Code of Conduct for Councillors, be noted.
5. DISCLOSURE OF INTERESTS BY COUNCILLORS
No Councillor disclosed any interest in any item on the Agenda.
At this point in the meeting it was agreed that items 7.3 and 7.4 of the In Committee Agenda be moved to the Open Session of Council.
The items were forwarded to all Councillors, Officials and made available to the public.
6. NEW MATTERS SUBMITTED BY THE ACTING MUNICIPAL MANAGER
SC01/10/2020 PROVINCIAL EXECUTIVE COMMITTEE AND PROVINCIAL MEMBERS ASSEMBLY OF SALGA : 14-16 OCTOBER 2020
UNANIMOUSLY RESOLVED
That it be noted that the Provincial Executive Committee and Provincial Members Assembly of SALGA Western Cape will be conducted on ZOOM on 14-16 October 2020.
File Number: 9/1/2/9 Execution: Acting Municipal Manager
SC02/10/2020 REPORT ON THE APPOINTMENT OF AN ACTING DIRECTOR: INTEGRATED HUMAN SETTLEMENTS
UNANIMOUSLY RESOLVED
[a] That the report regarding the appointment of an Acting Director Integrated Human Settlements, be noted; and
[b] That Council appoints Mr. Dawid Adonis as Acting Director Integrated Human Settlements, for a period of three months with the proviso that the contract period may be extended for a further period of three months.
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SC03/10/2020 REPORT ON THE RESIGNATION OF THE DIRECTOR : FINANCIAL SERVICES
This item was referred from the In Committee Section to the Open Session of Council.
The Director : Financial Services, Mr M Memani excused himself from the meeting and recorded that he was not aware that the item was submitted for consideration prior it being moved to open session of Council and could not at the commencement of the meeting declare his interests and excuse himself from the meeting prior to the item being discussed.
Cllr L Tyokolo proposed that [f] be deleted and that [g] becomes [f].
Cllr M Wasserman seconded the proposal of Cllr L Tyokolo
Cllr M Salaze supported the recommendation as is.
Cllr C Croutz requested a 10 minute caucus at 13:12, which was granted by the Speaker.
Councilors returned at 13:52, after a request from Cllr Croutz to extend the caucus, which was granted by the Speaker.
The Speaker conducted a roll call where it was confirmed that all Councillors (18) were present.
Cllr C Croutz proposed that :
[a] agreed
[b] That Council release the Director : Financial Services on Friday, 16 October 2020 but that the last day of employment of the Director : Financial Services be 31 October 2020;
[c] That Council appoints Morné Michaels as Acting Director : Financial Services for the period Monday, 19 October 2020 to 31 October 2020 and that the Acting Municipal Manager source an external Acting Director : Financial Services to act as Director : Financial Services from 1 November 2020, for a period not exceeding three months or until such time as the vacancy has been filled, whichever period comes first;
[d] agreed
[e] agreed
[f] agreed
[g] agreed.
Cllr M Wasserman requested a caucus at 14:02, which was granted by the Speaker.
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Councillors returned at 14:15.
Cllr L Tyokolo proposed :
[a] agreed
[b] agreed
[c] suspended for now
[d] agreed
[e] agreed
[f] That the Acting Municipal Manager approaches the Municipal Managers of Bitou/George/Garden Route District/Mosselbay Local Municipality with the view of appointing the CFO of any of these municipalities as a member of the selection panel.
The Speaker called the matter to a vote.
Votes recorded for the proposal of Cllr L Tyokolo - 8 Votes recorded for the proposal of Cllr C Croutz - 10
The proposal of Cllr C Croutz was carried.
RESOLVED BY MAJORITY
[a] That the report regarding the resignation of the Director : Financial Services, Mr Mbulelo Memani, be noted;
[b] That Council agrees that the last day of employment of the Director : Financial Services will be 31 October 2020;
[c] That notwithstanding [b] above, the Director : Financial Services, Mr Mbulelo Memani, be excused from office starting from Monday, 19 October 2020;
[d] That Council appoints Mr Morné Michaels as Acting Director : Financial Services from 19 October 2020 until 31 October 2020;
[e] That the Acting Municipal Manager attempts to procure the services of an external person to act as Director : Financial Services, for a period not exceeding three months or until such time as the vacancy has been filled, which ever period comes first;
[f] That Council approves the filling of the vacancy of Director: Financial Services;
[g] That the Acting Municipal Manager be instructed to advertise the vacancy in accordance with the provisions of the Regulations on the Appointment and Conditions of Employment of Senior Managers; and
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[h] That the Acting Municipal Manager approaches the Municipal Managers of Bitou/George/Garden Route District/Mosselbay Local Municipality with the view of appointing the Director : Financial Services of any of these municipalities as a member of the selection panel and submits a report in this regard to the next Ordinary Municipal Council Meeting scheduled for 29 October 2020.
File Number : Execution : Acting Municipal Manager Director: Corporate Services
SC04/10/2020 REPORT ON THE RESIGNATION OF THE DIRECTOR: COMMUNITY SERVICES AND APPOINTMENT OF AN ACTING DIRECTOR : COMMUNITY SERVICES
Cllr M Salaze proposed that Mr Xola Frans be appointed to act as Director : Community Services and that the vacancy be filled. He furthermore proposed that the Acting Municipal Manager approaches the Municipal Managers of Bitou/George/Garden Route District/Mosselbay Local Municipality with the view of appointing the Director : Community Services of any of these municipalities as a member of the selection panel.
Cllr A Tsengwa seconded the proposal by Cllr M Salaze.
Cllr M Wasserman proposed that the recommendation as submitted to the Special Council Meeting, be approved. Cllr L Tyokolo seconded the proposal of Cllr M Wasserman.
The Speaker called the matter to a vote.
Votes recorded for the proposal of Cllr M Salaze - 9 Votes recorded for the proposal of Cllr M Wasserman - 8
Cllr E Van Aswegen abstained from voting.
The proposal by Cllr M Salaze was carried.
RESOLVED BY MAJORITY
[a] That the report on the resignation of the Director: Community Services and the appointment of an Acting Director: Community Services, be noted;
[b] That Council appoints Mr Xola Frans as Acting Director Community Services for a period of three months;
[c] That Council approves the filling of the vacancy of Director: Community Services; and
[d] That the Acting Municipal Manager approaches the Municipal Managers of Bitou/George/Garden Route District/Mosselbay Local Municipality with the view of appointing the Director :
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Community Services of any of these municipalities as a member of the selection panel.
File Number : Sp. Phillips, E
Execution : (Acting) Municipal Manager Director: Corporate Services
7. IN COMMITTEE
See separate minutes.
8. ADJOURNMENT
The Chairperson thanked everyone present and the meeting concluded at 16:01.
Approved
……………………….. ………………………………… Cllr T Gombo Speaker Date
-oOo-
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ORDINARY MUNICIPAL COUNCIL MEETING AGENDA 29 OCTOBER 2020
9. EXECUTION LIST
EXECUTION LIST : ORDINARY COUNCIL MEETING : 1 OCTOBER 2020
CMG12/02/2020 REPORT BACK ON THE APPLICATION TO PURCHASE OF ERF 121, KARATARA
RESOLUTIONS TO BE ACTIONED OFFICIAL(S) STATUS OF DUE DATE EXECUTION UNANIMOUSLY RESOLVED Acting Municipal Manager That the report back on the application to purchase Erf 121, Karatara, be noted; Director : Corporate That the four (4) support letters received from the community of Karatara, in support Services of the application of Good News SA, be noted; Manager : Legal Services That it be noted that the two (2) objections received from the Ward Committee members of Karatara were based on the need for housing;
That it be noted that Erf 121, Karatara, is deemed not needed to provide the minimum level of basic Municipal Services in terms of Section 14(2)(a) of the Local Government: Municipal Finance Management Act, 2003,
That the application from Good News SA to purchase Erf 121, Karatara, be approved because of the exceptional benefit to the local community at a market related price;
That the Municipal Manager enters into a sale agreement with Good News SA, on the lapse of the current lease agreement.
That a further report on alienation of properties where the Municipal Council resolutions were not adhered to be submitted.
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ORDINARY MUNICIPAL COUNCIL MEETING AGENDA 29 OCTOBER 2020
CMG13/02/2020 REPORT BACK ON THE APPLICATION TO BUY A PORTION OF ERF 19086, DINANGWE, KNYSNA
RESOLUTIONS TO BE ACTIONED OFFICIAL(S) STATUS OF DUE DATE EXECUTION UNANIMOUSLY RESOLVED Acting Municipal Manager [a] That the report back on the application to purchase a portion of Erf 19086, Knysna, Director : abutting Erven 19087 and 19104, Knysna, be noted; Corporate Services [b] That it be noted that the intended alienation of a portion measuring 96m2 of Erf Manager : Legal 19086, Knysna to the adjacent owners of Erven 19087 & 19104, Knysna was Services advertised and no comments and/or objections were received;
[c] That it be noted that Erf 19086, Knysna is deemed not needed to provide the minimum level of basic Municipal Services in terms of Section 14(2)(a) of the Local Government: Municipal Finance Management Act, 2003;
[d] That the application of Ms Nqentsu to purchase a portion of Erf 19086, Knysna, measuring 96 m2 be approved;
[e] That Erf 19086, Knysna be disposed of in equal portions, between the owners of Erven 19087 & 19104, Knysna;
[f] That the owners of Erven 19087 & 19104, Knysna equally divide the cost as determined by the Municipal Valuer, DDP Valuers;
[g] That the owners of Erven 19087 & 19104, Knysna be responsible for any costs required to give effect to the subdivision of Erf 19086 and subsequent joinder thereof to their existing properties; and
[h] That the Municipal Manager enters into sale agreements with the owners of Erven 19087 & 19104, Knysna for the alienation of Erf 19086, Knysna
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ORDINARY MUNICIPAL COUNCIL MEETING AGENDA 29 OCTOBER 2020
CMG14/02/2020 REPORT BACK ON THE APPLICATION TO PURCHASE ENCROACHED UPON LAND – ERF 17404 AND A PORTION OF ERF 17403 KNYSNA
RESOLUTIONS TO BE ACTIONED OFFICIAL(S) STATUS OF DUE DATE EXECUTION UNANIMOUSLY RESOLVED Acting Municipal 12 September 2019 Manager [a] That the report back on the application received from Mr Mlisana to purchase Erf Manager : 17404 and a portion of Erf 17403, Knysna, abutting Erf 17405, Knysna, be noted; Administration
[b] That it be noted that the intended alienation of Erf 17404 and a portion of Erf 17403, Knysna, abutting Erf 17405, Knysna was advertised in the local newspaper on the 19th October 2019;
[c] That it be noted that a number of 52 residents of Dinangwe responded to the advert and have supported the intended alienation of Erf 17404 and a portion of Erf 17403, Knysna, abutting Erf 17405, Knysna;
[d] That the application to purchase Erven 17403 and 17404 which are encroached on by the owner of Erf 17405 be approved, on the following conditions:
(i) A formal land use approval application and building plan application must be made before the property can be utilised for any purpose; (ii) A Waste Management Plan should be submitted to the Community Services Department; (iii) The applicant be responsible for consolidation and rezoning of the property; (iv) The property should be sold at market related value as determined by the municipal Valuer;
[e] That the Municipal Manager enters into a sale agreement for the alienation of Erf 17404, Knysna, to the abutting owner of Erf 17405, Knysna;
[f] That the owner of Erf 14705, Knysna be responsible for all costs associated with the alienation of Erf 17404, Knysna.
[g] That it be noted that a site visit was conducted to view the properties on Erven 17403 and 17404.
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ORDINARY MUNICIPAL COUNCIL MEETING AGENDA 29 OCTOBER 2020
CMF02/02/2020 QUARTERLY BUDGET STATEMENT AS AT 31 DECEMBER 2019
RESOLUTIONS TO BE ACTIONED OFFICIAL(S) STATUS OF DUE DATE EXECUTION Director : N/A UNANIMOUSLY RESOLVED Financial Services [a] That the Section 52(d) of the Local Government: Municipal Finance Management Act, 2003, report for the quarter ending 31 December 2019, be noted;
[b] That the report mentioned in [a] above be analysed in conjunction with the Financial Recovery Plan; and
[c] That a report regarding the dispute between Knysna Municipality and Garden Route District Municipality (formerly Eden) regarding certain properties, be submitted to the next Ordinary Council Meeting.
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ORDINARY MUNICIPAL COUNCIL MEETING AGENDA 29 OCTOBER 2020
CMF12/02/2020 CLOSE OUT OF THE REVENUE ENHANCEMENT PROJECT
RESOLUTIONS TO BE ACTIONED OFFICIAL(S) STATUS OF DUE DATE EXECUTION UNANIMOUSLY RESOLVED Acting Municipal Manager [a] That the report on the close out of the Revenue Enhancement project, be noted; Director : and Financial Services [b] That no further budgeting provisions for consultant regarding revenue Director : enhancement be made from 1 July 2020 and that this funding, as per financial Corporate implications, be transferred to salaries. Services Manager : Revenue / Income
CMF13/02/2020 REPORT ON THE IMPLEMENTATION OF THE SUPPLY CHAIN MANAGEMENT POLICY FOR THE PERIOD ENDING 31 DECEMBER 2020
RESOLUTIONS TO BE ACTIONED OFFICIAL(S) STATUS OF DUE DATE EXECUTION UNANIMOUSLY RESOLVED Municipal Manager [a] That the report on the implementation of the SCM policy for the second quarter, be Director : noted; Financial Services [b] That the deviations to the value of R 403 165 for the period as indicated in (a) Manager : above, be noted; and Supply Chain Management [c] That the report be made available to the public in terms of section 21A of the Municipal Systems Act, 2000.
CMIHS01/02/2020 REPORT ON THE EXPENDITURE : APPROVED HOUSING BUSINESS PLAN
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RESOLUTIONS TO BE ACTIONED OFFICIAL(S) STATUS OF DUE DATE EXECUTION UNANIMOUSLY RESOLVED Director : Integrated [a] That the report on the performance and capital expenditure to date of 63% of the Human Knysna Municipality 2019/20 Housing Business Plan, be noted; and Settlements
[b] That the report mentioned in [a] above be tabled at the next Ordinary Municipal Council meeting for update purposes.
CMC09/02/2020 REVIEW OF THE ROADS AND TRAFFIC BY-LAW RESOLUTIONS TO BE ACTIONED OFFICIAL(S) STATUS OF DUE DATE EXECUTION UNANIMOUSLY RESOLVED Director : Corporate [a] That the report on the Review of the Roads & Traffic By-law be noted; Services Director : [b] That the Municipal Council approves the Roads & Traffic By-law, as amended, for Community promulgation in the Western Cape Government Gazette; and Services [c] That the Law Enforcement department be mandated to perform the functions of Manager : Legal management and co-ordination of the car guards. Services Manager : Protection Services CM01/02/2020 ROADS AND TRAFFIC BY-LAW
RESOLUTIONS TO BE ACTIONED OFFICIAL(S) STATUS OF DUE DATE EXECUTION Director : UNANIMOUSLY RESOLVED Corporate Services [a] That the report on the Review of the Roads & Traffic By-law be noted; Director : Community [b] That the Municipal Council approves the Roads & Traffic By-law, as amended, for Services promulgation in the Western Cape Government Gazette; and Manager : Legal Services [c] That the Law Enforcement department be mandated to perform the functions of management and co-ordination of the car guards.
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Manager : Protection Services CG08/07/2020 REPORT BACK ON THE APPLICATION FOR THE LEASE OF A PORTION OF ERF 2252, (HORNLEE) KNYSNA RESOLUTIONS TO BE ACTIONED OFFICIAL(S) STATUS OF DUE DATE EXECUTION UNANIMOUSLY RESOLVED Acting Municipal Manager [a] That the report back on the application to lease a portion of Erf 2252, Director (Hornlee) Knysna, be noted; Corporate Services [b] That it be noted that the intended leasing of a portion of Erf 2252, Manager: Legal (Hornlee) Knysna was advertised for public comment/and/or objections; Services
[c] That it be noted no comments/objections was received during the public participation process;
[d] That approval be granted in terms of Section 34(1)(b) of the Asset Transfer Regulations for the right to use, control or manage a portion of Erf 2252, (Hornlee) Knysna for a period of 5 years;
[e] That the applicant be informed that the activities to take place and taking place on a portion of Erf 2252, (Hornlee) Knysna should comply with all land uses for the property in question;
[f] That the applicant be informed that no listed plant species may be propagated on the leased area and that the applicant will be responsible for keeping the area clear of alien invasive plant species;
[g] That the applicant be informed that he will be solely responsible for all costs for the establishing and maintenance of a garden on a portion of Erf 2252, (Hornlee) Knysna;
[h] That the applicant be responsible for all other costs relating to the leasing of a portion of Erf 2252, (Hornlee) Knysna;
[i] That the leased area should only be used for gardening purposes;
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[j] That the Municipal Manager enters into a long term lease agreement with the applicant for a portion of Erf 2252, (Hornlee) Knysna, for a period of 5 years; and
[k] That the lease agreement must be in terms of Section 45 of the Asset Transfer Regulations;
[l] That the monthly rental for a portion of Erf 2252, (Hornlee) Knysna be determined at the next Financial and Corporate Services Committee, after a policy on the beautification of Council land has been drafted and presented to the Committee.
CG10/07/2020 REPORT BACK ON THE APPLICATION TO PURCHASE 8269, KHAYALETHU, KNYSNA, ABUTTING ERF 20283, KNYSNA
RESOLUTIONS TO BE ACTIONED OFFICIAL(S) STATUS OF DUE DATE EXECUTION UNANIMOUSLY RESOLVED Acting Municipal Manager [a] That the report back on the application to purchase Erf 8269, Khayalethu, abutting Director : Erf 20283, Khayalethu, be noted; Corporate Services [b] That it be noted that the property is required for Social Housing purposes; Manager : Legal Services [c] That the application of Dorothy Broster Child and Youth Welfare Centre to purchase a portion of Erf 8269, Khayalethu, abutting Erf 20283, Khayalethu not be approved;
[d] That a report on the use of the cottages be submitted to the Financial and Corporate Services Committee for consideration;
[e] That a report on whether it is viable for a lease to be concluded with Dorothy Broster Child and Youth Welfare Centre for a portion of Erf 8269, until the site is developed, be submitted to a subsequent meeting of the Financial and Corporate Services Committee for further consideration;
[f] That the allegations with regard to the e-mail indicating that the cottages are required for the “provision of housing to deserving beneficiaries” be probed by the Acting Municipal Manager and thereafter a report be submitted to the Committee with regard thereto.
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[g] That the erection of a play park in the vicinity of Erf 8269, be explored.
CG11/07/2020 REPORT BACK ON THE APPLICATION TO PURCHASE A PORTION OF ERF 214, (WHITE LOCATION) KNYSNA
RESOLUTIONS TO BE ACTIONED OFFICIAL(S) STATUS OF DUE DATE EXECUTION UNANIMOUSLY RESOLVED Acting Municipal Manager [a] That the report back on the application to purchase, a portion of Erf 214, (White Director : Location) Knysna, be noted; Corporate Services [b] That it be noted that the intended alienation of a portion of Erf 214, (White Location) Manager: Legal Knysna was advertised for public comment/and/or objections; Services
[c] That it be noted no comments/objections was received during the public participation process;
[d] That it be noted that the fair market value of a portion of Erf 214, (White Location) Knysna as determined by the Municipal Valuer, DDP Valuers, in terms of Section 14(2)(b) of the Local Government: Municipal Finance Management Act, 2003, is R30 000.00;
[e] That the applicant be responsible for all costs relating to the alienation of a portion of Erf 214, (White Location) Knysna;
[f] That the portion in question, not measuring more than 280m2 be sold to Mr. Thami Duna at a value of R30 000.00;
[g] That the Municipal Manager signs a sales agreement with the applicant, Mr. Thami Duna for the alienation of a portion of Erf 214, (White Location) Knysna, at the market value of R30 000.00 and
[h] That the transfer agreement must be in terms of Section 17 of the Asset Transfer Regulations.
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CG12/07/2020 REPORT BACK ON THE APPLICATION TO LEASE A PORTION OF ERF 3281, (HORNLEE) KNYSNA - HORNLEE REPLACEMENT CLINIC RESOLUTIONS TO BE ACTIONED OFFICIAL(S) STATUS OF DUE DATE EXECUTION UNANIMOUSLY RESOLVED Acting Municipal Manager [a] That the report back on the application to lease a portion of Erf 3281, (Hornlee) Director Knysna, be noted; Corporate Services [b] That it be noted that the intended leasing of a portion of Erf 3281, (Hornlee) Knysna Manager: Legal was advertised for public comment/and/or objections; Services
[c] That it be noted that the Garden Route Taxi Association objected against the intended leasing of a portion of Erf 3281 (Hornlee) Knysna to The Western Cape Department of Transport and Public Works to use the unused Hornlee Taxi Rank as a replacement clinic, during the public participation process;
[d] That the proposed lease agreement be approved subject to the Western Cape Department of Transport and Public Works take up the building within the next 6 (six) months;
[e] That the Municipal Manager enters into a lease agreement with the Western Cape Department of Transport and Public Works for a portion of Erf 3281 (Hornlee) Knysna.
CC11/07/2020 PROGRESS REPORT ON THE ESTABLISHMENT OF A SHELTER FOR HOMELESS PEOPLE IN GREATER KNYSNA MUNICIPAL AREA
RESOLUTIONS TO BE ACTIONED OFFICIAL(S) STATUS OF DUE DATE EXECUTION UNANIMOUSLY RESOLVED Director : Community [a] That the report on the Establishment of a Shelter for homeless people in the Greater Services Knysna Municipal area, be noted;
[b] That the portion of Erf 1343, Knysna in Church Street on which the dwelling is situated be provisionally earmarked for a homeless shelter; and
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[c] That the intention to utilise this property as mentioned in [b] above, be advertised for public comment.
CF17/07/2020 CAPITAL BUDGET REPORT - 2019/2020 (AS AT 19 JUNE 2020)
RESOLUTIONS TO BE ACTIONED OFFICIAL(S) STATUS OF DUE DATE EXECUTION UNANIMOUSLY RESOLVED Director : Financial [a] That the 2019/2020 Year-to-Date Capital Budget Report as at 19 June 2020, be Services noted; and
[b] That Directorates ensure that capital spend is in accordance with the Capex Budget; and
[c] That an updated report on the Capital Budget for the Year End of 30 June 2020 be submitted to the Ordinary Council meeting scheduled for Thursday, 30 July 2020 for debate and discussion.
CFG01/07/2020 APPLICATION FOR THE LEASING OF A PORTION OF ERF 255, KNYSNA FOR FARMING PURPOSES RESOLUTIONS TO BE ACTIONED OFFICIAL(S) STATUS OF DUE DATE EXECUTION UNANIMOUSLY RESOLVED Director: Corporate [a] That the report on the application received from Ms Mamane, to lease a portion of Services Erf 255, Knysna, not exceeding 3 hectares, be noted; Manager: Legal Services [b] That it be noted that the intended leasing of a portion of Erf 255, Knysna was Head: advertised for public comment/and/or objections and no comments or objections Properties were received;
[c] That the advertising of the intention to lease a portion of Erf 255, Knysna, without a resolution of Council, be ratified;
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[d] That the application to lease a portion to the extent of 3 hectares on Erf 255, Knysna for farming purposes not be approved as the property was identified for housing development, Heide Vallei, project.
CFG05/07/2020 APPLICATION TO PURCHASE SERVITUDE ROAD ALONGSIDE ERF 13066, KNYSNA
RESOLUTIONS TO BE ACTIONED OFFICIAL(S) STATUS OF DUE DATE EXECUTION UNANIMOUSLY RESOLVED Acting Municipal Manager [a] That the report on the application to purchase servitude road alongside Erf 13066, Director : Knysna be noted; Corporate Services [b] That it be noted that the intended alienation of Erf 13066, Knysna was advertised Manager : Legal for public comment and/or objections and none were received; Services
[c] That the advertising of Erf 13066, Knysna, without a Council resolution be ratified;
[d] That it be noted that in terms of Section 14(2)(a) of the Local Government: Municipal Finance Management Act, 2003, and on reasonable grounds, the portion of Erf 13066, Knysna to be alienated, is deemed not needed to provide the minimum level of basic Municipal Services;
[e] That it be noted that the fair market value of the portion of Erf 13066 is R14 000.00 as determined by the municipal valuer, DDP Valuers, in terms of Section 14(2)(b) of the Local Government: Municipal Finance Management Act, 2003, and the economic and community value to be received in exchange for the Property;
[f] That approval be granted for the disposal of the portion of Erf 13066, Knysna in terms of Section 5(b)(ii) of the Local Government: Municipal Finance Management Act (56/2003): Municipal Asset Transfer Regulations; and
[g] That the Municipal Manager signs a sale agreement with the applicant at the offered amount of R270 000.
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CM01/07/2020 REPORT ON THE STAFF HOUSING POLICY RESOLUTIONS TO BE ACTIONED OFFICIAL(S) STATUS OF DUE DATE EXECUTION Also refer to item G14/07/2020. Acting Municipal Manager It was agreed that the item be discussed under reports Director : submitted directly to the Mayoral Committee, in the absence Corporate of submission of a new report. Services Manager : Legal UNANIMOUSLY RESOLVED Services
[a] That the report on the Staff Housing Policy be noted;
[b] That the matter with regard to the Staff Housing Policy be referred to the next Financial and Corporate Services Committee meeting scheduled for 4 August 2020, for a full comprehensive report.
NEW MATTERS SUBMITTED BY THE ACTING MUNICIPAL MANAGER C01/08/2020 ROSTER FOR ACTING MUNICIPAL MANAGER AND ACTING DIRECTORS RESOLUTIONS TO BE ACTIONED OFFICIAL(S) STATUS OF DUE DATE EXECUTION
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UNANIMOUSLY RESOLVED Acting Municipal Manager [a] That Council rescinds their Resolution taken on 29 October 2015, regarding the All Directors Acting Roster for Directors;
[b] That the following Directors has the necessary skill, expertise and qualifications to acts successively as Municipal Manager:
Director Corporate Services
Acting Director: Integrated Human Settlements
[c] That the following Managers act successively in the absence of the various Directors:
(1) Corporate Services Directorate:
Manager: Administration Manager: Legal Services
(2) Planning & Development Directorate:
Manager: Town Planning Manager: Building Control
(3) Financial Services Directorate:
Senior Manager: Budget Office Manager: Expenditure
(4) Community Services Directorate:
Manager Protection Services Manager Libraries Manager Solid Waste Manager: Parks and recreation
(5) Infrastructure Services Directorate:
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Manager: Electro-technical Manager :Water & Sewer Manager :Public Works Manager: Project Management Unit
(6) Integrated Human Settlements
Manager Human Settlements.
C02/08/2020 REPORT ON AUDIT COMMITTEE MEETING 4 MARCH 2020 RESOLUTIONS TO BE ACTIONED OFFICIAL(S) STATUS OF DUE DATE EXECUTION UNANIMOUSLY RESOLVED Acting Municipal Manager [a] That the report on the Audit Committee Meeting held on 4 March 2020, be noted; Chief Audit Executive [b] That the Audit Committee Report on the Audit Committee meeting held on 4 March 2020, be adopted.
C03/08/2020 AUDIT COMMITTEE CHARTER 2020/2021 RESOLUTIONS TO BE ACTIONED OFFICIAL(S) STATUS OF DUE DATE EXECUTION UNANIMOUSLY RESOLVED Acting Municipal Manager That the amended Audit Committee Charter for 2020/2021 be approved. Chief Audit Executive C04/08/2020 INTERNAL AUDIT CHARTER 2020/2021 RESOLUTIONS TO BE ACTIONED OFFICIAL(S) STATUS OF DUE DATE EXECUTION UNANIMOUSLY RESOLVED Acting Municipal Manager That the 2020/2021 Internal Audit Charter be noted. Chief Audit executive
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C05/08/2020 REPORT ON AUDIT COMMITTEE MEETING 19 JUNE 2020 RESOLUTIONS TO BE ACTIONED OFFICIAL(S) STATUS OF DUE DATE EXECUTION UNANIMOUSLY RESOLVED Acting Municipal Manager [a] That the Audit Committee Report be adopted; Chief Audit Executive [b] That Management take steps to ensure that all the requirements of the Municipal Performance Regulations for Municipal Managers and Managers Directly Accountable to Municipal Managers are fully and punctiliously embodied in the Municipality’s policies and practices;
[c] That Management take urgent steps to ensure that the Municipality has the capacity, either in-house or with the assistance of outside service providers, to carry out adequate internal audits in terms of its risk-based internal audit plan;
[d] That the regular OPCAR reports issued by Internal Audit be
(i) used by Management as a management tool to monitor progress being made towards attending to the findings made by the Auditor-General in his annual external audit of the Municipality and (ii) placed on the agenda of the Financial and Corporate Services Committee of Council for oversight purposes; (iii) That the report be submitted to the Municipal Public Accounts Committee, for their information; and
[e] That, in view of the crisis in the Municipality’s financial position, the remuneration of the Audit Committee members for the period 1 July 2020 to 30 June 2021 not be adjusted upwards in line with the consumer price index.
C06/08/2020 DRAFT SECOND (2nd ) GENERATION AIR QUALITY MANAGEMENT PLAN DEVELOPMENT RESOLUTIONS TO BE ACTIONED OFFICIAL(S) STATUS OF DUE DATE EXECUTION UNANIMOUSLY RESOLVED Director Community [a] That no public comments were received on the draft 2nd Generation Air Quality Services Management Plan (AQMP) be noted;
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[b] That the final 2nd Generation Air Quality Management Plan (AQMP) be adopted by Council.
C07/08/2020 AUCTIONED ASSETS – 2019/2020
RESOLUTIONS TO BE ACTIONED OFFICIAL(S) STATUS OF DUE DATE EXECUTION UNANIMOUSLY RESOLVED Director : Financial [a] That the report on the Assets that were auctioned during the 2019/20 financial year, Services be noted;
[b] That the Acting Municipal Manager submit a full report on matters raised, namely :
[i] The selling of properties below the reserve price; [ii] The withdrawal of the property at Milkwood Drive from the auction list; [iii] To whom the properties were sold and if those people have any relationship with the Knysna Municipality.
C08/08/2020 REPORT ON THE IMPLEMENTATION OF THE SUPPLY CHAIN MANAGEMENT POLICY FOR THE PERIOD ENDING 30 JUNE 2020 INLCUDING THE ANNUAL STOCK TAKE REPORT RESOLUTIONS TO BE ACTIONED OFFICIAL(S) STATUS OF DUE DATE EXECUTION UNANIMOUSLY RESOLVED Acting Municipal Manager [a] That the report on the implementation of the SCM policy for the fourth quarter, Director : annual report on the implementation for the 2019/2020 financial year and annual Financial stock report, be noted; Services Manager : SCM [b] That the deviations to the value of R958 794 for the period as indicated in (a) above, be noted;
[c] That the report be made available to the public in terms of section 21A of the Municipal Systems Act, 2000.
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C09/08/2020 REPORT ON DISPUTED PROPERTIES WITH THE GARDEN ROUTE DISTRICT MUNICIPALITY RESOLUTIONS TO BE ACTIONED OFFICIAL(S) STATUS OF DUE DATE EXECUTION UNANIMOUSLY RESOLVED Acting Municipal Manager [a] That the content of the report with regard to the disputed properties with the Garden Chief Financial Route District Municipality, be noted; Officer Director: [b] That the Acting Municipal Manager be instructed to address correspondence to the Corporate Garden Route District Municipality to request the transfer of the following properties Services to the Knysna Municipality: Manager: Legal Services and 1. Portions 2 & 3 of the Farm Walker`s point Properties 2. Erf 2790, Knysna 3. Erf 20,21,22 Belvidere 4. Portion 22 of the farm Westford 5. Portion0,1 and 2 of the farm 185 George;
[c] That should the Garden Route District Municipality fail to respond to the Correspondence and/ exceed to the request referred to in (b) above, within 21 days of receipt thereof, the Acting Municipal Manager be authorized to serve a formal IGR Notice in terms of Section 41 of the Intergovernmental Relations Framework Act 13 of 2005;
[d] That should the IGR Notice in terms of Section 41 of the Intergovernmental Relations Framework Act 13 of 2005 referred to in (c) above, be served on the Garden Route District Municipality, the Acting Municipal Manager disclose the assets in (b), as contingent liabilities in the Annual Financial Statements;
[e] That a progress report on the execution of the resolution in [b] and [c] above, be submitted to the next Ordinary Council meeting.
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C10/08/2020 REPORT ON NERSA APPROVED TARRIFS FOR 2020/21 FINANCIAL YEAR RESOLUTIONS TO BE ACTIONED OFFICIAL(S) STATUS OF DUE DATE EXECUTION UNANIMOUSLY RESOLVED Director : Financial [[a] That Council note the NERSA approval letter attached as Annexure A to the agenda Services of the Ordinary Council Meeting held on 6 August 2020; All Directors
[b] That Council take note of the domestic tariff at 6.34 which was not included in Council’s approved tariffs;
[c] That Council resolved to amend its approved electricity tariffs to be implemented in line with NERSA. C11/08/2020 REPORT TO SEEK COUNCIL RESOLUTION IN SUPPORT AND APPROVAL OF FUNDING APPLICATION FROM DEVELOPMENT BANK OF SOUTHERN AFRICA (DBSA) RESOLUTIONS TO BE ACTIONED OFFICIAL(S) STATUS OF DUE DATE EXECUTION
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UNANIMOUSLY RESOLVED All Directors
[a] That Council resolve to support and approves the Project, accepts the DBSA’s grant funding and revenue enhancement support, and supports the implementation of the project and the terms of the Agreement;
[b] That the Municipal Manager be authorised and mandated to sign the Agreement on behalf of Council, and to sign and/or dispatch all documents and notices to be signed and/or dispatched by it under or in connection with the Agreement;
[c] That the Municipal Manager provide FICA documents on the Municipality, the Accounting Officer, The Mayor, and CFO or any other person authorized to do process claims regarding the grant approved for non-lending support;
[d] That the Municipal Manager provides the DBSA with the Designated and Authorized Signatories, any of whom shall represent the Municipality on the Project Steering Committee for the purposes stated in the Agreement;
[e] That upon receipt of the Grant Agreement, the Accounting Officer present to Council the DBSA offer as well as the Terms and Conditions of the Grant Agreement.
C12/08/2020 PAYMENT OF ANNUAL SALARY INCREASE AND RESCISSION OF EXEMPTION APPLICATION AND COUNCIL RESOLUTION RESOLUTIONS TO BE ACTIONED OFFICIAL(S) STATUS OF DUE DATE EXECUTION UNANIMOUSLY RESOLVED Acting Municipal Manager [a] That Council rescind its resolution dated 14 May 2020 in terms of the Application Director : for Exemption: Salary and Wage Increases for 2020/21 financial year, set out as Financial follows : Services Director: SC13/05/20 NON-IMPLEMENTATION OF COLLECTIVE AGREEMENT Corporate FOR STAFF SALARY INCREASES Services
[a] That it be noted that the three-year Salary and Wage Collective Agreement dated 15 August 2018 determines that all full-time Municipal employees should receive a salary increase of 6,25% which amounts to R 11,4 million
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for the 2020/21 financial year for Knysna Municipality, which Knysna Municipality cannot afford to implement due to its dire financial position;
[b] That should SALGA National resolve to implement the salary increases as mentioned in [a] above, a mandate be provided to SALGA Western Cape to approach the SALGBC on behalf of all Western Cape Municipalities to seek approval not to implement the 6,25% increase to full-time Municipal employees, for the 2020/21 financial year, due to financial reasons; . [c] That the Accounting Officer be authorised to apply for the appropriate exemption from the SALGBC for Knysna Municipality not to implement the 6,25% increase in the 2020/21 financial year on the grounds of unaffordability and cash flow problems; and
[d] That no salary increases be implemented until feedback on the exemption application referred to in [c] above is received.;
[b] That Council rescind the Application for Exemption: Salary and Wage Increases for 2020/21 financial year; and
[c] That Council note the reinstatement of payment of the 6.25% salary and wage increase in terms of the SALGBC Salary and Wage Collective Agreement for the 2020/2021 financial year as from 1 July 2020;
[d] That the Acting Municipal Manager, as soon as is possible, submit a report to Council containing an analysis of all allowances paid to officials of the Knysna Municipality and include a determination whether those allowances are legal or not.
C13/08/2020 SALGA MEMBERSHIP LEVIES RESOLUTIONS TO BE ACTIONED OFFICIAL(S) STATUS OF DUE DATE EXECUTION UNANIMOUSLY RESOLVED Acting Municipal Manager That the engagements that took place between Knysna Municipality and SALGA Chief Financial Provincial on 12 June 2020 and 21 July 2020 regarding the latter’s proposal that the Officer Municipality pay a portion of the Membership levy by end July 2020 and settle the balance over a period in monthly instalments up until March 2021, be noted.
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Director: Corporate Services C14/08/2020 REPORT ON THE WARD DELIMITATION PROCESS
RESOLUTIONS TO BE ACTIONED OFFICIAL(S) STATUS OF DUE DATE EXECUTION RESOLVED BY MAJORITY Acting Municipal Manager [a] That the report on the Knysna Municipal Council Ward Delimitation process by the Director : MDB be noted; Corporate Services [b] That the Knysna Municipal Council submits: Manager : Public Participation Majority view (9 votes)
Form MDB2 to notify the MDB that the municipality and local stakeholders do not agree with some or all the MDB’s draft ward boundaries, and to submit to the MDB alternative proposals on which consensus has been reached with local stakeholders.
Minority view (8 votes)
Form MDB3 to submit to the MDB separate individual proposals on ward boundaries where there is disagreement with the MDB and the municipality’s draft wards.
2 abstentions were recorded.
C15/08/2020 QUARTERLY BUDGET STATEMENT – QUARTER 4 ENDING JUNE 2020 RESOLUTIONS TO BE ACTIONED OFFICIAL(S) STATUS OF DUE DATE EXECUTION UNANIMOUSLY RESOLVED Director : Financial That the Section 52 report for the quarter three ending June 2020, be noted. Services
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C16/08/2020 REPORT ON THE DIAGNOSTIC ASSESSMENT REPORT ON THE KNYSNA MUNICIPALITY AND ITS IMPLEMENTATION RESOLUTIONS TO BE ACTIONED OFFICIAL(S) STATUS OF DUE DATE EXECUTION This item was referred from the In Committee Section to the Open agenda. Executive Mayor Acting Municipal UNANIMOUSLY RESOLVED Manager
[a] That the contents of the Diagnostic Assessment Report on the Knysna Municipality and its Implementation, be noted;
[b] That Council resolves to implement the short, medium and long term plans as set out on pages 40,41,42 and 43 of the diagnostic report attached hereto marked “ Annexure A”;
[c] That Council resolves to approach the Western Cape Provincial Government Department of Local Government to assist with either the appointment of a specialist forensic investigator or the funds to appoint such investigator to conduct a full forensic investigation in the various complaints as set out in “Annexure B”.
C17/08/2020 LEASING OF MUNICIPAL PROPERTY TO THE ACTING MUNICIPAL MANAGER
RESOLUTIONS TO BE ACTIONED OFFICIAL(S) STATUS OF DUE DATE EXECUTION This item was referred from the In Committee Section to the Open agenda. Executive Mayor Manager: Legal RESOLVED BY MAJORITY Services Head: Property [a] That the report and annexures regarding the leasing of municipal property to the Management Acting Municipal Manager, be noted;
[b] That the Executive Mayor be authorised to conclude a lease agreement with the Acting Municipal Manager, for the unfurnished flatlet at Senza, for a period not exceeding the duration of his employment and at a market related rental;
[c] That a report on the status of the property at Senza and other unoccupied property of Council, be submitted to a subsequent meeting of Council.
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16.1 NOTICE OF INTENTION TO INTRODUCE A MOTION : NOTICE OF MOTION TO AMEND THE TERMS OF REFERENCE OF THE MUNICIPAL PUBLIC ACCOUNTS COMMITTEE RESOLUTIONS TO BE ACTIONED OFFICIAL(S) STATUS OF DUE DATE EXECUTION RESOLVED BY MAJORITY
That paragraph 3.4 of the Terms of Reference of the Municipal Public Accounts Committee be amended to read as follows :
The appointment of the Chairperson must be in terms of a Municipal Council resolution. The Chairperson may not be a political office bearer / Executive Councillor in the Municipal Council. The chairperson must be an experienced Councillor who has the necessary skills and expertise to preside over this critical Committee. That the Chairperson shall be from the opposition parties represented in Council. If the Chairperson is absent from a meeting, the members present must elect a member from a meeting, the members present must elect a member from the meeting to preside at that particular meeting.
16.2 NOTICE OF INTENTION TO INTRODUCE A MOTION : NOTICE OF MOTION TO REMOVE COUNCILLOR MWASSERMAN AS THE CHAIRPERSON OF MPAC RESOLUTIONS TO BE ACTIONED OFFICIAL(S) STATUS OF DUE DATE EXECUTION RESOLVED BY MAJORITY
That Cllr M Wasserman be removed as the Chairperson of the Municipal Public Accounts Committee and that Cllr I Uys be elected as the Chairperson of the Municipal Public Accounts Committee.
SC01/08/2020 ROLL-OVER ADJUSTMENTS BUDGET FOR THE 2020-2021 MTREF RESOLUTIONS TO BE ACTIONED OFFICIAL(S) STATUS OF DUE DATE EXECUTION [a] That the Roll over Adjustments Budget for the 2020/21 financial year in terms of AMM section 28(2) (e) of the MFMA and section 23 of the Municipal Budget and CFO Reporting Regulations, be approved; M : IDP
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[b] That the Directors put control measures in place to prevent any over-expenditure or under-expenditure on the Operational and the Capital Budget;
[c] That the Directors put control measures in place to prevent any unspent grant at the end of 30 June 2021 and the Municipal Manager to report on such measure in the February 2021 adjustments budget;
[d] That the Service Delivery and Budget Implementation Plan (S.D.B.I.P) be adjusted accordingly;
[e] That any further adjustments made to the 2019/2020 Annual Financial Statements with regards to unspent grants totals, be incorporated in the Schedule B for submission to National and Provincial Treasury.
C01/08/2020 EXTENSION TO TIMELINES FOR SUBMISSION OF ANNUAL FINANCIAL STATEMENTS, ANNUAL REPORTS, AUDITS AND RELATED MATTERS IN TERMS OF THE MFMA
RESOLUTIONS TO BE ACTIONED OFFICIAL(S) STATUS OF DUE DATE EXECUTION UNANIMOUSLY RESOLVED CFO
[a] That the exemption and circular 104 issued by Finance Minister and National Treasury respectively, be noted;
[b] That Knysna Municipality make use of the exemption to submit Annual Financial Statements and Annual report on 31 October 2020 or earlier; and
[c] That the Auditor General, National and Provincial Treasuries and Provincial COGTA be informed of Knysna Municipal Council decision.
RESOLUTIONS TO BE ACTIONED OFFICIAL(S) STATUS OF DUE DATE EXECUTION C02/08/2020 ESTABLISHMENT OF THE MUNICIPAL VALUATION APPEAL BOARD
AMM UNANIMOUSLY RESOLVED CFO M : Revenue
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[a] That content of the report on the recommendations for Chairperson and members of the Knysna Municipal Valuation Appeal Board, be noted;
[b] That the Notice for Application for appointment as member of the Valuation Appeal Board, be re-advertised as per the guidelines of the MEC for Local Government;
[c] That the term of office of members of the current Knysna Municipal Valuation Appeal Board, in terms of Section 60 of the Municipal Property Rates Act, be extended for a further period of 3 (three months); and
[d] That the applicants who have already applied in terms of the Notice for Application for appointment as member of the Valuation Appeal Board, need not reapply once the Notice is re-advertised.
C03/08/2020 REPORT ON CIVIL MATTER : ARBITRATION – BRENTON HAVEN PTY LTD V KNYSNA MUNICIPALITY
RESOLUTIONS TO BE ACTIONED OFFICIAL(S) STATUS OF DUE DATE EXECUTION UNANIMOUSLY RESOLVED AMM D : Corp [a] That a settlement proposal of the applicants in the Brenton Haven be accepted; M : Legal
[b] That a total amount of R941 770.45 be credited to the account of Brenton Haven; and
[c] That Knysna Municipality offers to pay 50% of the legal costs of Brenton Haven on a party and party scale.
C04/08/2020 REPORT ON THE OUTCOME OF THE CRIMINAL INVESTIGATION INTO ALLEGATIONS OF FRAUD AND CORRUPTION AGAINST MS ELEANORE BOUW-SPIES AND MR KAM CHETTY
RESOLUTIONS TO BE ACTIONED OFFICIAL(S) STATUS OF DUE DATE EXECUTION That the report on the outcome of the criminal investigation into allegations of fraud and D : Corp corruption against Ms Eleanore Bouw-Spies and Mr Kam Chetty be noted.
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C05/08/2020 REPORT ON PLACEMENT OF STAFF – PROVISION OF POSITIONS ON THE APPROVED ORGANISATIONAL STRUCTURE
RESOLUTIONS TO BE ACTIONED OFFICIAL(S) STATUS OF DUE DATE EXECUTION UNANIMOUSLY RESOLVED AMM D : Serv [a] That the report on the additional positions to be provided in the approved organizational structure, be noted;
[b] That the addition of the positions with incumbents to the organizational structure, be approved; and
[c] That it be noted that there are no additional financial implications for the inclusion of the positions in [b] above on the organizational structure.
C06/08/2020 MANDATE – CHALLENGES WITH REGARD TO THE PROPOSED WAGE CURVE AND MAIN COLLECTIVE AGREEMENT
RESOLUTIONS TO BE ACTIONED OFFICIAL(S) STATUS OF DUE DATE EXECUTION [a] That the report on the challenges identified with the implementation of the Main D : Corp Collective Agreement and the Wage Curve, be noted;
[b] That the extension of the Main Collective Agreement up to June 2022, be supported; and
[c] That the Wage Curve implementation as it will not be sustainable for the municipality, not be supported.
C07/08/2020 2021 – 2022 IDP REVIEW AND BUDGET TIME SCHEDULE
RESOLUTIONS TO BE ACTIONED OFFICIAL(S) STATUS OF DUE DATE EXECUTION [a] That the contents of the report with regard to the 2021 – 2022 IDP Review and D : Corp Budget Time Schedule, be noted; and M : IDP
[b] That the Time Schedule for the preparation of the IDP review and the 2021/2022 Annual Budget of the Municipality, be approved.
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C08/08/2020 REPORT ON DETERMINATION OF ALERT LEVEL 2 OF LOCKDOWN: DISASTER MANAGEMENT ACT, 57 OF 2002
RESOLUTIONS TO BE ACTIONED OFFICIAL(S) STATUS OF DUE DATE EXECUTION [a] That the report on the determination of Alert Level 2 in terms of the Disaster AMM Management Act, 57 of 2002, be noted; D : Corp
[b] That the implementation of directives issued in terms of Government Notice No, 43620, be approved; and
[c] That all employees be directed to return to work in terms of the conditions set out in Alert Level 2 of the lockdown.
C09/08/2020 LEASE AGREEMENT : SANRAL PROPERTY SEDGEFIELD ERVEN NO. 1174/1173/1172/1171/1169 & 1168
RESOLUTIONS TO BE ACTIONED OFFICIAL(S) STATUS OF DUE DATE EXECUTION [a] That the Acting Municipal Manager be delegated/authorized to enter into a lease D : Comm agreement with SANRAL for Erven 1174/1173/1172/1171/1169 & 1168 for the use of a green waste and builders rubble drop-off facility;
[b] That the period for entering the lease be for 3 (three) years commencing on the signing of the agreement based on Council approval with an option to renew for a further 3 years, subject to budget availability; and
[c] That the rental amount payable will be R6 930.00 (Excl. VAT) per month with an annual escalation of 8%.
C10/08/2020 REPORT ON AMENDMENTS TO TERMS OF REFERENCE FOR MPAC
RESOLUTIONS TO BE ACTIONED OFFICIAL(S) STATUS OF DUE DATE EXECUTION That the report on the amendments to the Terms of Reference of MPAC be noted and D : Corp implemented. M : Admin
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C11/08/2020 REPORT ON THE AUCTIONING OF MUNICIPAL PROPERTIES
RESOLUTIONS TO BE ACTIONED OFFICIAL(S) STATUS OF DUE DATE EXECUTION [a] That the report on the auctioning of municipal properties on 2 October 2019, be AMM noted; and D : Corp M : Legal [b] That the report on the auctioning of municipal properties be referred to the next Council Meeting in order to address the condonation of the selling of the municipal properties below the reserved price.
C12/08/2020 REPORT ON THE REVIEW OF THE REGISTER OF DELEGATED POWERS OF DECISION MAKING
RESOLUTIONS TO BE ACTIONED OFFICIAL(S) STATUS OF DUE DATE EXECUTION [a] That the report on the Review of the System of Delegations be noted; AMM D : Corp [b] That the deletion of “Economic Development” from F.1.1 Financial & Corporate M : Legal Services Section 80 Committee and the inclusion thereof under E.1.1 Planning & Development Section 80 Committee, be approved;
[c] That the amendment of Delegation K.43 which deals with Municipal Properties, be approved; and
[d] That the Delegation Register be amended accordingly.
C13/08/2020 REPORT TO REQUEST THE EXTENSION OF THE APPOINTMENT OF THE ACTING MUNICIPAL MANAGER
RESOLUTIONS TO BE ACTIONED OFFICIAL(S) STATUS OF DUE DATE EXECUTION [a] That the contents of the report to extend the appointment of the Acting Municipal Manager, Dr Louis Scheepers, be noted;
[b] That the Municipal Council notes the contents of Section 54A(2A)(b) of the Local Government : Municipal Systems Act, 2000 which states, regarding the 3 month acting period, that:
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“A municipal council may, in special circumstances and on good cause shown, apply in writing to the MEC for local government to extend the period of appointment contemplated in paragraph (a), for a further period that does not exceed three months.”
[c] That the Municipal Council mandates the Executive Mayor to apply in writing to the MEC for Local Government to extend the period of appointment of Dr Louis Scheepers as the Acting Municipal Manager, for a further period that does not exceed three months or until such time as the disciplinary hearing of Dr Vatala is concluded, which ever period comes first;
[d] That the Municipal Council mandates the Executive Mayor to approach the Dr Louis Scheepers with the view of extending his acting period as Acting Municipal Manager for a further period which does not exceed three months, commencing on the 12th of September 2020 or until such time as the disciplinary hearing of the Municipal Manager Dr Vatala is concluded, which ever period comes first;
[e] That the Executive Mayor be mandated to conclude a contract of employment with Dr Louis Scheepers for such extended period; and
[f] That the above appointment be subject to the written approval of the MEC for Local Government in the Western Cape as per (c) above.
C14/08/2020 REPORT ON IRREGULAR EXPENDITURE AS IDENTIFIED DURING THE AUDIT – REGULATION 32 PIGGY-BACK CONTRACTS
RESOLUTIONS TO BE ACTIONED OFFICIAL(S) STATUS OF DUE DATE EXECUTION [a] That the content of the report on irregular expenditure as identified during the Audit AMM – Regulation 32 piggy-back contracts, be noted; CFO D : Corp [b] That the decision taken on the 28th of May 2020, as set out hereunder, be reviewed M : Legal and rescinded:
C16/05/2020 REPORT ON IRREGULAR EXPENDITURE AS IDENTIFIED DURING THE AUDIT SCMR 32 PIGGY-BACK CONTRACTS
UNANIMOUSLY RESOLVED
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[a] That the report on irregular expenditure as a result of SCMR 32, be noted;
[b] That management never use SCMR 32 again and that tenders/quotations be invited for the procurement of all services and goods within the Municipality;
[c] That the expenditure as mentioned in [a] above be deemed irrecoverable and be written off; and
[d] That National Treasury be approached to condone the current and prior year’s potential irregular expenditure, due to retroactive application of MFMA section 170(2).
Execution: All Directors;
[c] That the matter be referred to the following meeting of the Municipal Public Accounts Committee (MPAC) to consider the recommendations of the Acting Municipal Manager with regards to the findings of AG pertaining to Regulation 32 piggy back contracts;
[d] That the recommendations of the Municipal Public Accounts Committee (MPAC) pertaining to the above be submitted to the first Council Meeting following the MPAC meeting; and
[e] That a Workshop of Councillors be held before the next Municipal Public Accounts Committee meeting and that the Auditor-General and Provincial Treasury officials be invited to the Workshop to express their viewpoint on the Regulation 32 piggy back contracts.
C15/08/2020 REPORT ON POTENTIAL IRREGULAR EXPENDITURE AS A RESULT OF THE FINDINGS OF THE AUDITOR GENERAL AND THE INTERPRETATION OF REGULATION 32 PIGGY-BACK CONTRACTS RESOLUTIONS TO BE ACTIONED OFFICIAL(S) STATUS OF DUE DATE EXECUTION [a] That the content of the report on irregular expenditure as identified during the Audit AMM – Regulation 32 piggy-back contracts, be noted; CFO D : Corp
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[b] That the matter with regard to the irregular expenditure as identified during the Audit M : Legal – Regulation 32 piggy-back contracts be referred to the next meeting of MPAC to consider the recommendations of the Acting Municipal Manager with regards to the findings of the Auditor-General pertaining to Regulation 32 piggy back contracts;
[c] That the recommendations of MPAC pertaining to the above be submitted to the first Council Meeting following the MPAC meeting.
15.1 NOTICE OF INTENTION TO INTRODUCE A MOTION : CLLR L TYOKOLO : STATUS OF LEASING MUNICIPAL PROPERTY TO MUNICIPAL STAFF
RESOLUTIONS TO BE ACTIONED OFFICIAL(S) STATUS OF DUE DATE EXECUTION [a] That the Municipal Public Accounts Committee investigates the extent to which the Policy relating to the Provision of Staff Housing has been properly implemented over the past two years,
[b] That the Municipal Public Accounts Committee report to Council within 60 days on the outcome of its investigation referred to in [a] above; and
[c] That the Acting Municipal Manager investigate the decision by the Municipal Manager, Dr S Vatala, to extend staff leases and give permission to occupiers to remain in staff housing, despite the Council resolution to the contrary, and to report to Council on the appropriate actions to take in respect thereof.
15.2 NOTICE OF INTENTION TO INTRODUCE A MOTION : CLLR M WASSERMAN : LACK OF ACCESS TO BASIC SANITATION IN BRACKEN HILL
RESOLUTIONS TO BE ACTIONED OFFICIAL(S) STATUS OF DUE DATE EXECUTION That Council mandates the Executive Mayor, Portfolio Councillor, Speaker and one Councillor from the Democratic Alliance, to engage with the community of Bracken Hill to enquire, where possible, where the Municipality may assist with basic services. 16.2 NOTICE OF INTENTION TO INTRODUCE A QUESTION : CLLR M WASSERMAN: APPROVAL FOR DESIGNATION OF A SAFE HOUSE
RESOLUTIONS TO BE ACTIONED OFFICIAL(S) STATUS OF DUE DATE EXECUTION
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That written responses to the questions from Cllr M Wasserman with regard to the approval for designation of a safe house and threats of harm to person and property of Councillors, amongst others, be submitted to her.
16.3 NOTICE OF INTENTION TO INTRODUCE A QUESTION : CLLR M WASSERMAN: MUNICIPAL PROPERTY RATES ACT
RESOLUTIONS TO BE ACTIONED OFFICIAL(S) STATUS OF DUE DATE EXECUTION That the verbal response from the Acting Municipal Manager with regard to the questions on the Property Rates from Cllr M Wasserman, be noted and that written responses with regard to the legal matters pertaining to the Municipal Property Rates Act, be submitted to Cllr M Wasserman on a date to be discussed by the Acting Municipal Manager and Cllr M Wasserman.
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10. STATEMENTS AND COMMUNICATIONS OF THE SPEAKER
10.1 REPORT ON MEETINGS/FUNCTIONS ATTENDED BY THE SPEAKER, CLLR MERTLE GOMBO
REPORT FROM THE OFFICE OF THE SPEAKER
PURPOSE OF THE REPORT
To inform the Municipal Council of Functions, Meetings and Workshops attended by the Speaker for the period of September 2020 to October 2020.
DATE EVENT 01/10/2020 Ordinary Council meeting 13/10/2020 Special Council meeting 13/10/2020 IDP Consultation meeting: Ward 11 14/10/2020 Section 80 Committee meeting: Community Services 15/10/2020 SALGA Provincial Members Assembly 16/10/2020 SALGA Provincial Members Assembly 20/10/2020 Ward 2 IDP consultation meeting 21/10/2020 Employment Equity Meeting 22/10/2020 SALGA Speaker’s Forum meeting
RECOMMENDATION FROM THE SPEAKER
That the report from the Speaker with regard to functions, meetings and workshops attended, for the period of September 2020 to October 2020, be noted.
File Number : 9/1/1/1 Execution : Office of the Speaker
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11. STATEMENTS AND COMMUNICATIONS OF THE EXECUTIVE MAYOR
11.1 REPORT ON MEETINGS/FUNCTIONS ATTENDED BY THE EXECUTIVE MAYOR
REPORT FROM THE EXECUTIVE MAYOR 21 SEPTEMBER 2020 TO 16 OCTOBER 2020
TOPIC SUMMARY 21 September 2020 Sedgefield Community I was invited to do the welcoming of the Imbizo (Human Sedgefield Community Imbizo. Settlement Department ) 29 September 2020 Memorial Service of Bart It was truly a blessing to be a part of this Ngxolwana memorial service, Pastor Bart was truly a very honourable man. He will never be forgotten 29 September 2020 Pledge Square Walk I was invited on a walk about with the Pledge Square Committee. 6 October 2020 Military Veterans Meeting The Military Veterans of Sedgefield invited Councillor Davis and myself to a meeting addressing issues from Housing, Job Creation, Office space and assistance with Transport as well as Safety aspects. 6 October 2020 Land Invasions Meeting I called a Teams meeting to ascertain via Teams Land Invasions with in all wards of Greater Knysna. 8 October 2020 Grey Street Inspection Accompanied by the Director of Infrastructure, I visited Grey Street to assess the progress of the project, including contributing challenges to consider how the municipality can best deal with the challenges identified. 8 October 2020 Special MinMay Please see Resolutions attached. 9 October 2020 Fleet Inspection I conducted a fleet inspection of our vehicles accompanied by the Mayoral Chairperson and Director Infrastructure 9 October 2020 Launch of Pink Friday For the month of October we have launched Pink Friday, we encourage employees to wear Pink on Fridays, in honour of Cancer Month. Please check the Knysna Municipality Facebook page every Friday. 15 October 2020 Provincial Members Various topics were discussed. I have Assembly via Zoom attached the Presentation outline for your perusal.
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RECOMMENDATION FROM THE EXECUTIVE MAYOR
That the report from the Executive Mayor with regard to functions, meetings and workshops attended for the period 21 September 2020 to 16 October 2020 be noted. File Number : 9/1/1/1 Execution : Office of the Executive Mayor
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12. REPORT OF THE GARDEN ROUTE DISTRICT MUNICIPALITY REPRESENTATIVES
12.1 REPORT ON MEETINGS/FUNCTIONS ATTENDED BY THE GARDEN ROUTE DISTRICT MUNICIPALITY REPRESENTATIVES
REPORT FROM THE GARDEN ROUTE DISTRICT MUNICIPALITY REPRESENTATIVES
No report received at time of compilation of the agenda.
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13. REPORT OF SALGA REPRESENTATIVES
13.1 REPORT ON MEETINGS/FUNCTIONS ATTENDED BY SALGA REPRESENTATIVES
REPORT FROM SALGA REPRESENTATIVES
No report received at time of compilation of the agenda.
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14. ITEMS FOR CONSIDERATION
14.1 RECOMMENDATIONS FROM THE MAYORAL COMMITTEE
ITEMS SUBMITTED TO THE FINANCIAL AND CORPORATE SERVICES COMMITTEE MEETING 13 OCTOBER 2020
MFC04/10/20 REPORT ON THE IMPLEMENTATION OF THE SUPPLY CHAIN MANAGEMENT POLICY FOR THE PERIOD ENDING 30 SEPTEMBER 2020
UNANIMOUSLY RECOMMENDED TO COUNCIL
[a] That the report on the implementation of the SCM policy for the period ending 30 September 2020, be noted;
[b] That the deviations to the value of R 3 128 356 for the period as indicated in (a) above, be noted;
[c] That the report be made available to the public in terms of section 21A of the Municipal Systems Act, 2000.
File Number : 8/1 Execution : Acting Municipal Manager Director : Financial Services
MFC08/10/20 REPORT BACK ON THE APPLICATION TO PURCHASE A PORTION OF PORTION 6 OF THE FARM HOOGEKRAAL NO 182 (A PORTION OF SEAVIEW DRIVE EAST)
UNANIMOUSLY RECOMMENDED TO COUNCIL
[a] That the report and annexures regarding the application to purchase a portion of Portion 6 of the Farm Hoogekraal No. 182, abutting Portion 19 of the Farm Hoogekraal No 182, be noted;
[b] That the advertising of the intended alienation of a portion of Portion 6 of the Farm Hoogekraal No. 182, abutting Portion 19 of the Farm Hoogekraal No 182 for public comment/and/or objections, be noted;
[c] That it be noted no comments/objections was received during the public participation process;
[d] That in terms of Section 12(2)(a) of the Local Government: Municipal Finance Management Act,2003 and on reasonable grounds, the portion of Portion 6 of the Farm Hoogekraal No. 182, abutting Portion 19 of the Farm Hoogekraal No 182 to be alienated is deemed not needed to provide the minimum level of basic Municipal Services;
[e] That in terms of Section 14(2)(b) of the Local Government: Municipal Finance Management Act, 2003, the Municipal Valuer, DDP Valuers determined the fair market value of a portion of Portion 6 of the Farm Hoogekraal No. 182, abutting Portion 19 of the Farm Hoogekraal No 182 to be R 75 000.00;
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[f] That approval be granted for the disposal of a portion of Portion 6 of the Farm Hoogekraal No. 182, abutting Portion 19 of the Farm Hoogekraal No 182 in terms of Section 5(b)(ii) of the Local Government: Municipal Finance Management Act, (56/2003): Municipal Asset Transfer Regulations; and
[g] That the Municipal Manager signs a sale agreement with the applicant and that the applicant be responsible with all the costs related to this alienation.
File Number : 7/2/1/2 Execution : Acting Municipal Manager Manager : Legal Services
MFC10/10/20 APPLICATION TO LEASE A PORTION OF ERF 240 KARATARA
UNANIMOUSLY RECOMMENDED TO COUNCIL
[a] That the report and annexure’s regarding the leasing of a portion of Erf 240 Karatara be noted;
[b] That in terms of Section 14(2)(b) of the Local Government: Municipal Finance Management Act, 2003, the Acting Municipal Manager appoint a Registered Professional Valuer to determine the fair market value of the portion of Erf 240 Karatara measuring 64m² at the applicant’s cost;
[c] That the Acting Municipal Manager advertise the intended leasing of a portion of Erf 240 Karatara;
[d] That the lease be for a fixed period of 9 years and 11 months;
[e] That in terms of Section 14(2)(a) of the Local Government: Municipal Finance Management Act, 2003, and on reasonable grounds, the Municipal Council confirms the portion of Erf 240 Karatara to be leased measuring 64m², is deemed not needed to provide the minimum level of basic Municipal Services; and
[f] That the applicant be responsible for all other costs relating to the leasing of a portion of Erf 240 Karatara.
File Number : 7/2/1/2 Execution : Acting Municipal Manager Manager : Legal Services
ITEMS SUBMITTED TO THE COMMUNITY SERVICES COMMITTEE MEETING HELD ON 14 OCTOBER 2020
MC05/10/20 PROVINCIALISATION OF MUNICIPAL MUSEUMS
UNANIMOUSLY RECOMMENDED TO COUNCIL
[a] That the report regarding Provincialisation of Municipal Museums, be noted; and
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[b] That the Acting Municipal Manager be given permission to present a proposal to the Department of Cultural Affairs and Sport for the affiliation of the Municipal Museums to the Department.
File Number : 9/1/2/5 Execution : Director : Community Services
ITEMS SUBMITTED TO THE INFRASTRUCTURE SERVICES COMMITTEE MEETING HELD ON 14 OCTOBER 2020
MIS07/10/20 REPORT ON ILLEGAL AND UNAUTHORISED ELECTRICAL CONNECTIONS
UNANIMOUSLY RECOMMENDED TO COUNCIL
[a] That the contents of the report on illegal and unauthorised electrical connections be noted;
[b] That the removal and disconnection of unauthorized illegal connection in terms of Council’s approved Electricity Supply By-law, by the administration, be hereby authorised;
[c] That the Administration be mandated to utilise an external service provider to remove all unauthorized connections and to apply the penalties as per Council’s approved Electricity Supply By-law where applicable;
[d] That an advertisement be placed in the local media on the dangers of illegal- and unauthorized electrical connections and the municipality’s intention to remove same as per its statutory and legal obligations; and
[e] That Ward councillors assist the Administration to convey the dangers of illegal- and unauthorized electrical connections in the Greater Knysna Municipal area through public participation processes;
[f] That the administration submit a report to Council that deals with the request of community members who wish to connect electricity legally but where tariffs are unaffordable.
File Number : 9/1/2/1 Execution : Director : Infrastructure Services
ITEMS SUBMITTED TO THE INTEGRATED HUMAN SETTLEMENTS COMMITTEE MEETING HELD ON 15 OCTOBER 2020
MIHS02/10/20 SUBMISSION OF THE REVISED BUSINESS PLAN RECEIVED FROM THE WCDOHS
UNANIMOUSLY RECOMMENDED TO COUNCIL
[a] That the revised 2020/21 Housing Business Plan as approved by the Western Cape Department of Human Settlement (WC DoHS), be noted;
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[b] That the report on the expenditure performance relative to the Business Plan for 2020/21 FY, be noted; and
[c] That the administration facilitate a meeting with the Department of Human Settlements to discuss the revised business plan in relation to the budget allocation for the 2020/21 financial year.
File Number : 9/1/2/15 Execution : Acting Director : Integrated Human Settlements
MIHS03/10/20 FORMAL SUBMISSION – CONSIDERATION OF THE OVERALL DRAFT I.H.S POLICY (PART 2)
UNANIMOUSLY RECOMMENDED TO COUNCIL
[a] That the report on the Formal Submission - Consideration of the overall Draft I.H.S. Policy (Part 2), be noted;
[b] That the Draft KM IHS Policy framework Volume 2 be adopted and approved as part of the overall Policy;
[c] That the approved Strategic Plan and Policy Framework be workshopped with all staff, other departments, development partners, clients and local community stakeholders to be conducted by the Senior Management of the Integrated Human Settlements Directorate with internal Corporate support from the Public Particiaption and Communications Sections;
[d] That it be noted that the partnership arrangements with SHRA accredited Social Housing Institutions using the previous approved Municipal rental facilities in Milkwood and Curlew Court will commence upon final approval of the overall Knysna Municipality Integrated Human Settlements Policy;
[e] That it further be approved that identified buildings and properties, including and not confined only to Milkwood and Curlew Court Flats, will be subjected to a long term lease arrangement between the Municipality and succesful SHI(s) as part of an internal equity by the Municipality;
[f] That the Knysna Municipality will consider and approve Institutional Subsidies and Restructuring Grant applications by the successful SHI partner(s) for such planned developments to be sourced from WC DoHS and the SHRA as is the norm and standard for primary funding requirements of such developments; and
[g] That a contractual agreement will be formally concluded beween the Municipality and succesful SHI(s) upon being vetted primarily through the internal Municipal legal process.
File Number : 9/1/2/15 Execution : Acting Director: Integrated Human Settlements
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MIHS04/10/20 SANRAL AND HDA PROPOSED NEKKIES INTERCHANGE DEVELOPMENT: CONCLUSION OF AN IMPLEMENTATION PROTOCOL (IP)
UNANIMOUSLY RECOMMENDED TO COUNCIL
[a] That the Report on SANRAL and HDA Proposed Nekkies Interchange Development : Conclusion of an Implementation Protocol (IP), be noted;
[b] That the Knysna Municipality is requested to approve an Implemation Protocal for the exercise towards the HDA, to facilitate its involvement in the Nekkies Interchange initiative; and
[c] That the Council facilitate the identification of an alternative site for the relocation and TRA facility; and
[d] That further formal approaches be made to the WC DoHS for necessary funding and project support.
File Number : 9/1/2/15 Execution : Acting Director : Integrated Human Settlements
MIHS05/10/20 IMPLEMENTATION SOUTHERN CAPE CORRIDOR DEVELOPMENT (SCCD) CATALYTIC PROJECT BUSSINESS PLAN AND FINANCIAL MODELLING
UNANIMOUSLY RECOMMENDED TO COUNCIL
That the signing of an MOU between Knysna Municipality, Western Cape Department of Human Settlements and HDA, be approved, subject to the following:
1. Implementation of the Knysna approved and pipeline projects in terms of the current approved Provincial Business Plan and time lines to be implemented; 2. Knysna budget to be exempted from any adverse transactions related to its program in respect of this project; 3. Current Municipal program be implemented by Knysna municipality being funded by WCDoHS; 4. The following projects which are currently being implemented by Knysna (Ethembeni, Endlovini, Heidevallei, Rheenendal, Karatara, Soutrivier, Edameni, Katanga, 7de Laan and Sedgefield infill continue to be implemented by Knysna Municipality assisted by WCDoHS; 5. HDA ensures acquisition of land from SANRAL for the implementation of Ethembeni, Endlovini and Soutrivier by Knysna Municipality; 6. WCDoHS and NDoHS commits to funding requirements in lieu of the acquisition of the newly acquired land for the implementation of SCCD program; 7. Heidevallei be implemented by Knysna Municipality as per the current agreement with WCDoHS;
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8. HDA source its own funding for the implementation of defined project to ensure that Knysna Municipality continue to implements its program; 9. HDA source funding for the augmentation of the bulk services to the amount of almost R500 million in line with the financial model as amended from time to time subject to prior commitments for such acquisition from WCDoHS; 10. HDA proceed with the purchase of Identified sites 1-7 to the value of over R164,435,111 Million as identified as part of the program and present its progress to the Municipality from time to time; 11. HDA in consultation with National Department of Human Settlements source funding for the acquisition, planning and execution on Identified sites 1-7 on mutually agreed terms with Knysna Municipality and WCDoHS; 12. That the identified sites 1-7 be included in the Knysna Spatial Development Framework as Future Residential Expansion areas; 13. Detailed Bulk Services studies be carried out in Consultation with Knysna Infrastructure Services at the expense of HDA to ensure concurrence with the Municipal Sector Plans; and 14. HDA to ensure that Municipal MIG prioritization is not affected in any way in the augmentation of Bulk services estimated to cost almost R500 Million.
File Number : 9/1/215 Execution : Acting Director : Integrated Human Settlements
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15. NEW MATTERS SUBMITTED BY THE ACTING MUNICIPAL MANAGER
15.1
C01/10/2020 REPORT ON AUDIT COMM ITTEE MEETING 20 AUGUST 2020
REPORT FROM THE ACTING MUNICIPAL MANAGER
PURPOSE OF THE REPORT
To inform the Municipal Council of the Audit Committee’s report on the Audit Committee meeting held on 20 August 2020.
BACKGROUND
At its meeting on 20 August 2020 the Knysna Municipality Audit Committee (the Committee) considered the matters of note listed below (the items referenced below are references to the relevant items contained in the agenda for the meeting). This is our Report to Council on the Committee’s concerns, views and recommendations arising out of the discussions at the meeting. A draft of this Report was drawn up, after the meeting, by the Chairperson of the Committee and then circulated to the other members of the Committee for amendments, further inputs and approval.
DISCUSSION
After the other introductory items, relating to apologies, declarations of interest and minutes had been attended to, the following matters of note were dealt with :
A. Item 8.1 Verbal report from The Director: Infrastructure Services: Latest status of work on the sewer main pump station: B. Item 6.1.1: Quarterly Budget Statement – Quarter 4 ending June 2020 C. Item 6.1.2: Monthly Budget Statement – June 2020 D. Item 6.2.1: Internal Audit status of work as at 8 August 2020 (See attached Internal Audit Report: Division of Revenue Act (DoRA) FY19/20) E. Item 6.3.1: Audit Action Plan, Operation Clean Audit Report (OPCAR) as at 3 August 2020: F. Item 6.4.1: Progress Report on Risk Management Status Report as at June 2020: G. Item 6.5: IT Matters H. Item 7.1: Draft Annual Financial Statements (AFS): I. Item 8: General:
FINANCIAL IMPLICATIONS
Not applicable.
RELEVANT LEGISLATION
LOCAL GOVERNMENT: MUNICIPAL FINANCE MANAGEMENT ACT, NO. 56 OF 2003; King III and King IV; and National treasury’s circular 65 (internal audit and audit committee)
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RECOMMENDATION OF THE ACTING MUNICIPAL MANAGER
That the Report on the Audit Committee Meeting 20 August 2020, be adopted.
APPENDIX / ADDENDUM
Annexure A : Internal Audit Report: Division of Revenue Act (DoRA) 19/20
File Number : 9/1/2/14 Execution : Acting Municipal Manager Chief Audit Executive
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15.2
C02/10/2020 QUARTERLY BUDGET STATEMENT – QUARTER 1 ENDING SEPTEMBER 2020
REPORT FROM THE EXECUTIVE MAYOR
PURPOSE OF THE REPORT
To present to the Municipal Council the section 52(d) report for Quarter One ending September 2020.
BACKGROUND
Section 52(d) of the Municipal Finance Management Act states that the mayor of a municipality “must, within 30 days of the end of each quarter, submit a report to the council on the implementation of the budget and the financial state of affairs of the municipality”.
DISCUSSION
The quarterly budget statement for Quarter 1 of 2020/2021 has been prepared to comply with the legislative requirements of section 52(d) of the MFMA.
FINANCIAL IMPLICATIONS
Refer to the attachment.
RELEVANT LEGISLATION
Section 52(d) of the MFMA (No. 56 of 2003) Section 31 of the MBRR (Government Gazette 32141, dated 17 April 2019)
RECOMMENDATION OF THE EXECUTIVE MAYOR
That the Section 52 (d), of the Local Government : Municipal Finance Management Act, 2000, report for the Quarter One ending September 2020, be noted.
APPENDIX / ADDENDUM
Annexure 1 – MBRR_S52_September 2020
File Number : 9/1/2/10 Execution : Acting Director : Financial Services
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COMMENTS FROM THE MUNICIPAL MANAGER Report is noted
COMMENTS FROM CORPORATE SERVICES Report is noted
COMMENTS FROM FINANCIAL SERVICES Recommended
COMMENTS FROM TECHNICAL SERVICES Noted
COMMENTS FROM COMMUNITY SERVICES Noted. No further comments
COMMENTS FROM PLANNING AND DEVELOPMENT Noted
COMMENTS FROM LEGAL SERVICES recommendations are approved
COMMENTS FROM IHS
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16. ITEMS FOR NOTING
16.1 RESOLUTIONS FROM THE MAYORAL COMMITTEE
MEMBERS ARE REMINDED THAT THE RELEVANT AGENDAS OF THE PORTFOLIO COMMITTEES CONTAINED THE REPORTS AND SHOULD THUS BE USED AS THE SOURCE DOCUMENTATION WHEN NOTING THE RESOLUTIONS BELOW.
ITEMS SUBMITTED TO THE FINANCIAL AND CORPORATE SERVICES COMMITTEE MEETING 13 OCTOBER 2020
MFC01/10/20 INSURANCE REPORT
UNANIMOUSLY RESOLVED (By the Financial and Corporate Services Committee on 13 October 2020)
That the statistical report on all outstanding Insurance claims, for the period from 1 July 2019 up to and including 30 September 2020, be noted.
File Number : 9/1/2/10 Execution : Director : Financial Services
MFC02/10/20 MONTHLY BUDGET STATEMENT – AUGUST 2020
UNANIMOUSLY RESOLVED
That the Section 71 Monthly Budget Report for the month ending August 2020, be noted.
File Number : 9/1/2/10 Execution : Director : Financial Services
MFC03/10/20 CAPITAL BUDGET REPORT - 2020/2021 (AS AT 31 AUGUST 2020)
UNANIMOUSLY RESOLVED
[a] That the 2020/2021 Year-to-Date Capital Budget Report as at 31 August 2020, be noted;
[b] That Directorates to ensure that capital spend is in accordance with the approved capex budget.
File Number : 9/1/2/10 Execution : Director: Financial Services
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MFC05/10/20 QUARTERLY REPORT ON LEGAL MATTERS: QUARTER 1 OF 2020/2021
UNANIMOUSLY RESOLVED (By the Financial and Corporate Services Committee on 13 October 2020)
That the Quarterly Report on Legal Matters for Quarter 1 of 2020/2021, be noted.
File Number : 9/1/2/9 Execution : Acting Municipal Manager Director : Corporate Services
MFC06/10/20 PROPOSED POLICY ON LEGAL REPRESENTATION FOR COUNCILLORS AND MUNICIPAL EMPLOYEES
UNANIMOUSLY RESOLVED
[a] That the report on the adoption of a Policy on Legal Representation for Councillors and Municipal Staff, be noted;
[b] That the Policy on Legal Representation for Councillors and Municipal Staff be referred to a Workshop for Councillors and thereafter be referred to the Mayoral Committee for consideration.
File Number : 9/1/2/9 Execution : Acting Municipal Manager Director : Corporate Services Manager : Legal Services
MFC07/10/20 IMMOVABLE PROPERTY MANAGEMENT POLICY (REVIEWED)
UNANIMOUSLY RESOLVED
[a] That the attached reviewed Immovable Property Management Policy, be noted;
[b] That the Immovable Property Management Policy (Reviewed) be referred to the Municipal Council for approval; and
[c] That the amendments to the Immovable Property Management Policy, be workshopped prior to the Council meeting mentioned in [b] above.
File Number : 7/2/1/P Execution : Acting Municipal Manager Manager : Legal Services
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MFC09/10/20 REPORT BACK ON THE APPLICATION FOR A LEASE AGREEMENT FOR A PORTION OF ERF 2252, (HORNLEE) KNYSNA
UNANIMOUSLY RESOLVED (By the Financial and Corporate Services Committee on 13 October 2020)
[a] That the report back and annexure regarding the request for a lease agreement on a portion of Erf 2252, (Hornlee) Knysna, be noted;
[b] That the matter with regard to the application for a lease agreement for a portion of Erf 2252, (Hornlee) Knysna, be referred to the next Financial and Corporate Services Committee Meeting for further consideration.
File Number : 7/2/2/1 Execution : Acting Municipal Manager Manager : Legal Services
MFC11/10/20 APPLICATION TO LEASE A PORTION OF ERF 2058 SEDGEFIELD
UNANIMOUSLY RESOLVED (By the Financial and Corporate Services Committee on 13 October 2020)
[a] That the report and annexures regarding the leasing of a portion of Erf 2058 Sedgefield be noted; and
[b] That the application to lease a portion of Erf 2058 Sedgefield be referred for a public participation process and that a report in this regard be submitted to the next Financial and Corporate Services Committee Meeting;
File Number: 7/2/1/2 Execution: Acting Municipal Manager Manager: Legal Services
MFC12/10/20 APPLICATION TO LEASE A PORTION OF ERF 2745 KNYSNA
UNANIMOUSLY RESOLVED
[a] That the Application Leasing a Portion of Erf 2745 Knysna, be noted;
[b] That the application to lease a portion of Erf 2745 Knysna be referred to the next Financial and Corporate Services Committee Meeting scheduled for November 2020; and
[c] That a site visit be arranged to visit the portion of Erf 2745 Knysna, prior to the next Finance and Corporate Services Committee Meeting scheduled for November 2020.
File Number : 7/2/1/2 Execution : Acting Municipal Manager Manager : Legal Services
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ITEMS SUBMITTED TO THE COMMUNITY SERVICES COMMITTEE MEETING HELD ON 14 OCTOBER 2020
MC01/10/20 JULY 2020 REPORT FROM GARDEN ROUTE DISTRICT MUNICIPALITY
UNANIMOUSLY RESOLVED (By the Community Services Committee on 14 October 2020)
That the July 2020 Report from Garden Route District Municipality, be noted.
File Number: 9/1/2/5 Execution: Director: Community Services Manager: Solid Waste Management
MC02/10/20 AUGUST 2020 REPORT FROM GARDEN ROUTE DISTRICT MUNICIPALITY
UNANIMOUSLY RESOLVED (By the Community Services Committee on 14 October 2020)
That the August 2020 Report from Garden Route District Municipality, be noted.
File Number : 9/1/2/5 Execution : Director : Community Services
MC03/10/20 SEPTEMBER 2020 REPORT FROM GARDEN ROUTE DISTRICT MUNICIPALITY
UNANIMOUSLY RESOLVED (By the Community Services Committee on 14 October 2020)
That the September 2020 Report from Garden Route District Municipality, be noted.
File Number : 9/1/2/5 Execution : Director : Community Services
MC04/10/20 COMMUNITY SERVICES MONTHLY REPORT FOR THE PERIOD AUGUST 2020 UNANIMOUSLY RESOLVED (By the Community Services Committee on 14 October 2020)
That the consolidated report of Community Services for the month of August 2020, be noted.
File Number: 9/1/2/5 Execution: Director: Community Services
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ITEMS SUBMITTED TO THE INFRASTRUCTURE SERVICES COMMITTEE MEETING HELD ON 14 OCTOBER 2020
MIS01/10/20 REPORT ON THE OPERATIONS AND MAINTENANCE TO STORM WATER AND ROADS FOR THE PERIOD AUGUST 2020
UNANIMOUSLY RESOLVED (By the Infrastructure Services Committee on 14 October 2020)
That the contents of the report on the operations and maintenance to storm water and roads for the July and August 2020, be noted.
File Number : 9/1/2/1 Execution : Director : Infrastructure Services
MIS02/10/20 REPORT ON THE OPERATIONS AND MAINTENANCE TO WATER AND SEWER FOR JUNE TO AUGUST 2020
UNANIMOUSLY RESOLVED (By the Infrastructure Services Committee on 14 October 2020)
That the contents of the report on the operations and maintenance to water and sewer infrastructure for July and August 2020, be noted.
File Number : 9/1/2/1 Execution : Director : Infrastructure Services
MIS03/10/20 REPORT ON ALL CAPITAL AND MIG PROJECTS – SEPTEMBER 2020
UNANIMOUSLY RESOLVED (By the Infrastructure Services Committee on 14 October 2020)
That the contents of the report on all Capital and MIG Projects- September 2020, be noted.
File Number : 9/1/2/1 Execution : Director : Infrastructure Services
MIS04/10/20 REPORT ON THE OPERATIONS AND MAINTENANCE TO WATER AND SEWER FOR JUNE TO AUGUST 2020
Duplicate of MIS02/10/20.
MIS05/10/20 ELECTRO-TECHNICAL CAPITAL REPORT SEPTEMBER 2020
UNANIMOUSLY RESOLVED (By the Infrastructure Services Committee on 14 October 2020)
That the contents of the Electro – Technical Capital Report for September 2020, be noted.
File Number : 9/1/2/1 Execution : Director: Infrastructure Services
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MIS06/10/20 REPORT ON THE MUNICIPAL FLEET SEPTEMBER 2020
UNANIMOUSLY RESOLVED (By the Infrastructure Services Committee on 14 October 2020)
That the contents of the report on the Municipal Fleet – September 2020, be noted.
File Number: 9/1/2/1 Execution: Director: Infrastructure Services
ITEMS SUBMITTED TO THE INTEGRATED HUMAN SETTLEMENTS COMMITTEE MEETING HELD ON 15 OCTOBER 2020
MIHS01/10/20 MONTHLY UPDATE: AUGUST 2020: STATUS OF KNYSNA HOUSING CAPITAL PROJECTS FOR THE PERIOD 2020/21 FINANCIAL YEAR AND A PLAN FOR 2019/20
UNANIMOUSLY RESOLVED (By the Integrated Human Settlements Committee on 15 October 2020)
That the report in respect of related project implementation for the period ending August 2020 relative to the approved WC DoHS Business Plan 2020/21 FY, be noted.
File Number : 9/1/2/15 Execution : Acting Director : Integrated Human Settlements
ITEMS SUBMITTED TO THE PLANNING AND DEVELOPMENT COMMITEE MEETING HELD ON 15 OCTOBER 2020
MP&D01/10/20WESGRO PROGRESS REPORT ON TOURISM FUNCTION DELIVERY WITHIN THE GREATER KNYSNA MUNICIPAL
UNANIMOUSLY RESOLVED
[a] That the WESGRO report on Tourism Function Delivery within the Greater Knysna Municipal, be noted.
[b] That a report on the investigation in terms of Section 78 of the Local Government : Municipal Systems Act, 2000 relating to the local tourism function be submitted to the next Planning and Development Committee meeting in November 2020.
File Number : 9/1/2/13 Execution : Director : Planning & Development
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MP&D02/10/20 ENVIRONMENTAL MANAGEMENT DEPARTMENT – MONTHLY REPORT AUGUST 2020
UNANIMOUSLY RESOLVED (By the Planning and Development Committee on 15 October 2020)
That the Environmental Management Departmental Monthly Report for August 2020/2, be noted.
File Number : 9/1/2/13 Execution : Director: Planning & Development
MP&D03/10/20 ECONOMIC DEVELOPMENT DEPARTMENT – AUGUST MONTHLY REPORT
UNANIMOUSLY RESOLVED (By the Planning and Development Committee on 15 October 2020)
That the Economic Development Department Departmental Performance Report for August 2020, be noted.
File Number : 9/1/2/13 Execution : Director: Planning & Development
MP&D04/10/20 EXPANDED PUBLIC WORKS PROGRAMME (EPWP) REPORT
UNANIMOUSLY RESOLVED (By the Planning and Development Committee on 15 October 2020)
That the Expanded Public Works Programme Report for July and August 2020, be noted.
File Number : 9/1/2/13 Execution : Director: Planning & Development
MP&D05/10/20 MONTHLY PERFORMANCE REPORT AUGUST 2020–LAND USE MANAGEMENT DEPARTMENT
UNANIMOUSLY RESOLVED (By the Planning and Development Committee on 15 October 2020)
That the Land Use Management departmental Performance monthly report for August 2020, be noted.
File Number : 9/1/2/13 Execution : Director: Planning & Development
MP&D06/10/20 BUILDING CONTROL DIVISION REPORT FOR AUGUST 2020/2021
UNANIMOUSLY RESOLVED (By the Planning and Development Committee on 15 October 2020)
That the Building Control progress report for August of 2020, be noted.
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File Number : 9/1/2/13 Execution : Director : Planning & Economic Development
MP&D07/10/20 ESTUARY POLLUTION COMMITTEE REPORT AUGUST 2020
UNANIMOUSLY RESOLVED (By the Planning and Development Committee on 15 October 2020)
That the report on the departmental actions emanating from the Knysna Estuary authorities pollution meetings convened by South African National Parks, be noted.
File Number : 9/1/2/13 Execution : Director: Planning and Development
MP&D08/10/20 CONDITIONS OF APPROVALS FOR THE THESEN ISLAND DEVELOPMENT : PHASE 5A
UNANIMOUSLY RESOLVED
That the Conditions of Approvals for the Thesen Island Development, Phase 5A, be noted.
File Number : 9/1/2/13 Execution : Director : Planning & Development
MP&D09/10/20 WESTERN CAPE ECONOMIC DEVELOPMENT SERVICES LEVEL AGREEMENT GARDEN ROUTE DEVELOPMENT PARTNERSHIP
UNANIMOUSLY RESOLVED
[a] That the report on the Western Cape Economic Development Partnership Service Level Agreement for the Garden Route Development Partnership, be noted.
[b] That the change of name from South Cape Economic Partnership to Garden Route Development Partnership be noted.
[c] That the Acting Municipal Manager be authorised to conclude a new three year Service Level Agreement with the Western Cape Economic Development Partnership to run until 31 July 2023.
[d] That all the Annexures with regard the WCEDSLA GRDP be submitted to the Mayoral Committee meeting to be held on the 21 October 2020, for information.
File Number : 9/1/2/3 Execution : Director Planning & Development Manager : Economic Development
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17. Consideration of Motions
17.1 MOTION 1 : MEETING SCHEDULE
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17.2 MOTION 2 : DELEGATION REGISTER
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18. Consideration of Questions
No report received at time of compilation of the agenda.
19. Consideration of Motions of Exigency
No report received at time of compilation of the agenda.
20. In Committee Items (See Separate Agenda)
21. Adjournment
-oOo-
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