28/01/2016 ordinary council meeting agenda
TRANSCRIPT
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 in the COUNCIL CHAMBER, Clyde Street, Knysna on THURSDAY, 28 JANUARY 2016 at 9:00 to consider the business set forth in the attached agenda.
Kennis geskied hiermee dat „n GEWONE VERGADERING van die MUNISIPALE RAAD van Knysna Munisipaliteit in die RAADSAAL, Clydestraat, Knysna op DONDERDAG, 28 JANUARIE 2016 om 9:00 gehou sal word ten einde sake soos uiteengesit in die aangehegte agenda te oorweeg.
Isaziso SENTLANGANISO EQHELEKILEYO yeBHUNGA likaMASIPALA waseKnysna eyakubanjelwa KWIGUMBI LEKHANSILE kwisitalato iClydee, Knysna lentlanganiso iyakuba NGOLWESINE, NGE 28 JANYUWARI 2016 ngentsimibi ye 9:00 umba iyakuba lushishino oluchazwekwi agenda.
CLLR E R J BOUW-SPIES MR G EASTON
The Speaker Municipal Manager
Die Speaker Munisipale Bestuurder
Usomlomo uManejala KaMasipala
Date: 18 January 2016
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1. OPENING AND WELCOMING 3
2. SILENT PRAYER 3
3. ATTENDANCE OF MEMBERS 3
3.1 COUNCILLORS PRESENT 3
3.2 COUNCILLORS ABSENT WITH LEAVE 3
3.3 COUNCILLORS ABSENT WITHOUT LEAVE 3
4. NOTING OF THE PROVISIOUNS OF CODE OF CONDUCT FOR
COUNCILLORS 4
5. DISCLOSURE OF INTEREST 4
6. INTRODUCTION OF NEWLY APPOINTED STAFF AND LONG SERVICE
AWARDS 4
7. CONFIRMATION AND ADOPTION OF THE MINUTES
7.1 ORDINARY MUNICIPAL COUNCIL MEETING: 10 DECEMBER 2015 4
7.2 IN COMMITTEE MINUTES: 10 DECEMBER 2015 48
7.3 SPECIAL MUNICIPAL COUNCIL MEETING : 12 JANUARY 2016 47
8. STATEMENTS AND COMMUNICATIONS OF THE SPEAKER 53
9. STATEMENTS AND COMMUNICATIONS BY EXECUTIVE MAYOR
9.1 REPORT FROM THE EXECUTIVE MAYOR 54
10. MUNICIPAL PUBLIC ACCOUNTS COMMITTEE
10.1 RESCHEDULING OF MEETINGS 55
11. AUDIT COMMITTEE
11.1 MINUTES OF THE AUDIT COMMITTEE MEETING 6/2015/16: 3 DECEMBER
2016 56
12.
MATTERS SUBMITTED BY THE MUNICIPAL MANAGER
12.1 TABLING OF THE DRAFT ANNUAL REPORT: 2014/2015 FINANCIAL YEAR 63
12.2 REPORT ON THE REVIEW OF THE ROADS AND TRAFFIC BY-LAW 65
12.3 AMENDEMENT OF THE SYSTEM OF DELEGATIONS TO ACCOMMODATE
THE NEW PLANNING SYSTEM UNDER SPLUMA 89
12.4 ISDF COMMUNITY CONSULTATION PROCESS 115
ITEMS FROM THE SPECIAL GOVERNANCE AND ECONOMIC DEVELOPMENT COMMITTEE MEETING: 22 JANUARY 2016
12.5 ADOPTION OF AMENDED DELEGATION REGISTER 159
12.6 ADOPTION OF STANDARD OPERATING PROCEDURE FOR COUNCILLOR CAPACITY BUILDING AND TRAINING
161
13. Consideration of Motions
14. Consideration of Questions
15. Consideration of Motions of Exigency
16. Adjournment
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A G E N D A
1. OPENING AND WELCOMING 2. SILENT PRAYER
3. ATTENDANCE OF MEMBERS
3.1 COUNCILLORS PRESENT
3.2 COUNCILLOR WITH LEAVE
3.3 COUNCILLORS WITHOUT LEAVE
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. INTRODUCTION OF NEWLY APPOINTED STAFF AND LONG SERVICE
AWARDS
December 2015
NAME
JOBDESIGNATION DIRECTORATE
1. Mr KN
Bokoloshe
2. Mr JJ Mngotywa
3. Mr VJ Rani
4. Ms GE Rivers
5. Mr W Oelf
6. Mr AE Harker
7. Mr AE
Small Plant Operator Small Plant Operator Small Plant Operator General Assistant General Worker General Worker General Worker Special Worksman
Community Services Community Services Community Services Community Services Community Services Community Services
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Brinkhuis
8. Mr A Van Vuuren
9. Ms ME Baadjies
General Assistant Community Services Technical Services Community Services
7. CONFIRMATION AND ADOPTION OF MINUTES OF THE MUNICIPAL
COUNCIL
7.1 ORDINARY MUNICIPAL COUNCIL MEETING: 10 DECEMBER 2015
RECOMMENDATION OF THE MUNICIPAL MANAGER
That the minutes of the Ordinary Council meeting held on 10 December 2015, be approved.
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KNYSNA LOCAL MUNICIPALITY
OF AN ORDINARY MEETING
OF THE
MUNICIPAL COUNCIL OF KNYSNA MUNICIPALITY
WHICH WAS HELD ON
Thursday, 10 December 2015
At 09:00
In the Municipal Council Chamber
COUNCILLORS IN ATTENDANCE Speaker, Cllr Bouw-Spies, E R J [DA] Executive Mayor, Cllr Wolmarans, G [DA] Deputy Executive Mayor, Cllr Edge, ED [DA] Cllr Barrell, R [DA] Cllr De Vries, S [ANC] Cllr Dyantyi, M [ANC] Cllr Gombo, M T E [ANC] Cllr Grootboom, IWJ [DA] - MMC Cllr Hart, LM [DA] Cllr Jantjies, N [INDEPENDENT) Cllr Lizwani, M [ANC] Cllr Litoli, W [ANC] Cllr Myers, P [DA] - MMC Cllr Nayler, T [DA] Cllr Nkam, PP [ANC] Cllr Tyokolo, B [DA] Cllr Van Aswegen, EO [COPE] - MMC Cllr Willemse, M [DA] Cllr Witbooi, CK [ANC]
M I N U T E S
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OFFICIALS IN ATTENDANCE Easton, G Municipal Manager Ellman, B Director: Corporate Services Adonis, D Director: Community Services Maughan-Brown, M Director: Planning and Development Rhode, M Director: Technical Services Gobrie, P Director: Financial Services Paulsen, M Manager: Legal Services Tyelela, G Manager: Human Resources Phillips, E Manager: IDP Mattheus, C Manager: Administration Jaftha, J Manager: Community Services Kalani, J Manager: Public Participation Meyer, R Chief Safety and Security Bezuidenhoudt, C Manager: Communications and Customer Relations Ngalo, M Legal Advisor Kalawe, C Communication and Customer Relations Plaatjies, L Acting Manager: IT Williams, B Senior Clerk: Financial Services Davidson, J Accountant: Credit Control Lakay, J Head: Committee and Councillor Support Burger, T Committee Officer AUDIT COMMITTEE Metelerkamp, N Chairperson PUBLIC MEMBERS 29 members of the public were present as per attendance register. 1. OPENING AND WELCOMING
The Speaker welcomed Councillors, officials and members of the public to the meeting.
2. SILENT PRAYER
The Speaker opened the meeting by requesting all to take a minute for personal reflection and silent prayer. The Speaker expressed condolences to Cllr Hart on the passing of her brother-in-law and thanked her for her attendance at the Council meeting.
3. ATTENDANCE OF MEMBERS
3.1 Councillors Present
All Councillors present.
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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.
RESOLVED
That the Code of Conduct for Councillors be noted.
5. DISCLOSURE OF INTERESTS
None 6A. INTRODUCTION OF NEWLY APPOINTED STAFF AND LONG SERVICE
AWARDS
November 2015 Financial Services The Municipal Manager, Mr Easton, introduced the following new appointee in the Financial Services Directorate who were appointed during November 2015 : Ms P Gobrie Director Finance Ms B Williams Senior Clerk: Services Ms N Haai Chief Accountant Corporate Services The Director: Corporate Services, Mr Ellman, introduced the following new appointee in the Corporate Services Directorate who was appointed in November 2015: Mr A Malgas Labour Relations Officer
Technical Services The Director: Technical Services, Mr Rhode, introduced the following new appointee in the Technical Services Directorate who was appointed in November 2015:
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Ms MJ Blaauw Fitter and Turner -
Water Reticulation Section
The Speaker then announced that Mr Anthony Bans has been in an accident, he has broken his leg while on point duty.
The Speaker also mentioned that it was John Jaftha and Mpumi Ngalo‟s last Council meeting as they have resigned.
6. CONFIRMATION AND ADOPTION OF MINUTES OF THE MUNICIPAL
COUNCIL
6.1 Ordinary Municipal Council meeting: 29 October 2015.
RESOLVED That the minutes of the Ordinary Council meeting held on 29 October 2015, be
confirmed and adopted as a true reflection of the proceedings, subject to the
following: [i] F20/09/15 should read: “Local Government: Municipal Finance
Management Act”; [ii] 12.4 [b], remove “Councillor Myers” name where it appears the second
time.
7. STATEMENTS AND COMMUNICATIONS BY THE SPEAKER
7.1 REPORT FROM THE OFFICE OF THE SPEAKER AND OTHER COUNCILLORS
RESOLVED
That the report from the Officer of the Speaker, be noted. File Numbers: 9/1/1/1 Execution: Speaker
8. STATEMENTS AND COMMUNICATIONS BY EXECUTIVE MAYOR
The Executive Mayor gave a speech reflecting on all the events of the year and thanked everyone for being a part of it. (The text of the speech is attached as an Annexure).
8.1 REPORT FROM THE EXECUTIVE MAYOR
RESOLVED
That the contents of the Mayor's report for the period 18 October 2015 - 30 November 2015 be noted.
File Number: 9/1/1/1
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Execution: Executive Mayor
9. CONSIDERATION OF REPORTS
9.1 ITEMS SUBMITTED TO THE SPECIAL GOVERNANCE AND ECONOMIC DEVELOPMENT COMMITTEE: 27 OCTOBER 2015
SG01/10/15 REVIEW OF THE EMPLOYMENT EQUITY AND RECRUITMENT AND
SELECTION POLICIES
Refer to item M03/11/15
File number: 4/1/1/P Execution: Director: Corporate Services
Manager: Human Resources SG02/10/15 REPORT ON THE EMPLOYMENT EQUITY PLAN OF KNYSNA
MUNICIPALITY
Refer to item M04/11/15
File number: 9/1/2/8 Execution: Director: Corporate Services
Manager: Human Resources
G03/10/15 MINUTES OF THE EMPLOYMENT EQUITY MONITORING COMMITTEE
RESOLVED
That the Minutes of the Employment Equity Monitoring Committee, be noted.
File number: 3/3/3/3 Execution: Director: Corporate Services
Manager: Human Resources
9.2. ITEMS SUBMITTED TO THE GOVERNANCE AND ECONOMIC DEVELOPMENT COMMITTEE: 3 NOVEMBER 2015
AG01/11/15 BUSINESS PLAN – KNYSNA TOURISM
RESOLVED
That it be noted that Mr. G Vogt, CEO of Knysna and Partners made a verbal presentation to the Governance and Economic Development Committee.
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BG01/11/15 CONCORDIA MALL DEVELOPMENT
RESOLVED
That it be noted that Mr. J Starkey of Starkey Olivier Architects made a verbal presentation to the Governance and Economic Development Committee.
G01/11/15 CLOSURE OF MUNICIPAL OFFICES: 2015/2016 FESTIVE SEASON
RESOLVED [a] That the Municipal Offices be closed from 12:00 on Thursday, 24
December 2015 to Monday, 4 January 2016 at 07:30, provided that four (4) days leave be taken by the officials concerned;
[b] That notices be published in the local press and posted on all
municipal notice boards informing the public of the closure of the Municipal Offices during the 2015-2016 festive period, as mentioned in [a] above;
[c] That essential services, emergency and stand-by services be
rendered with the necessary staff, during the closure as mentioned in [a] above;
[d] That the Customer Care Centre be open to the public from 08:00 to
12:00 on 28, 29, 30 and 31 December 2015.
File Number: 7/1/1/2/1 Execution: Director: Corporate Services
Manager: Communications
G02/11/15 MONTHLY REPORT: CORPORATE SERVICES [HUMAN RESOURCES]
RESOLVED
[a] That the Monthly Report: Corporate Services [Human Resources], be noted;
[b] That the Human Resources Section, together with the Chairperson, redraft the Human Resources monthly report to address queries from Councillors and that the revised report be submitted to the next Governance and Economic Development Committee meeting in February 2016.
File Number: 9/1/2/8 Execution: Director Corporate Services
Manager: Human Resources
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G03/11/15 APPROVAL OF THE HOUSING ALLOWANCE/SUBSIDY POLICY
RESOLVED
[a] That the Approval of the Housing/Subsidy report, be noted;
[b] That an amended Housing Allowance/Subsidy Policy be submitted to the next Governance and Economic Development Committee in February 2016.
File number: 9/1/2/9 Execution: Director: Corporate Services
Manager: Human Resources
G04/11/15 PUBLIC PARTICIPATION MONTHLY REPORT: SEPTEMBER 2015
RESOLVED
[a] That the monthly report for the Public Participation Unit and CDW's for September 2015, be noted;
[b] That, in future, the report reflect another column, indicating the events that have or have not been approved;
[c] That the “Starting Date” in the monthly report of Public Participation be amended to read “Date of Event”.
File number: 9/1/2/9 Execution: Director: Corporate Services Manager: Public Participation
G05/11/15 EXPANDED PUBLIC WORKS PROGRAMME (EPWP) POLICY REVISION
RESOLVED
[a] That the Expanded Public Works Programme (EPWP) Policy in relation to Phase III, be noted;
[b] That the revised Expanded Public Works Programme (EPWP) Policy be referred to the Governance and Economic Development Committee Meeting in February 2016;
[c] That a report on the current grant in terms of how funds are spent and how many people are currently employed in the different projects that are currently funded from the grant, be submitted to the Governance and Economic Development Committee Meeting in February 2016;
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[d] That a report on suggestions and proposals in terms of future Expanded Public Works Programme projects be submitted to the Governance and Economic Development Committee meeting in February 2016.
File number: 9/1/2/13 Execution: Director: Planning and Development Manager: Local Economic Development
G06/11/15 REPORT ON THE RENAMING OF STREETS ON THE ISLAND,
SEDGEFIELD
RESOLVED
[a] That the contents of the report with regard to the renaming of streets on The Island, Sedgefield, be noted;
[b] That the proposal for public comment, be advertised;
[c] That the applicant and the public be informed of the process which
will be followed, the estimated costs involved to the Municipality and costs that might arise from the proposed name changes.
File number: 16/3/4 Execution: Director: Technical Services
G07/11/15 THE KNYSNA ICONS AWARDS POLICY
RESOLVED
[a] That the report with regard to the Knysna Icons Awards Policy, be noted;
[b] That the Knysna Icons Awards not be established at this stage.
File Number: 11/3/7 Execution: Municipal Manager Manager: Communications
G08/11/15 MONTHLY REPORT: CORPORATE SERVICES [LEGAL SERVICES]
9 SEPTEMBER 2015 – 21 OCTOBER 2015
RESOLVED
[a] That the monthly report for Legal Services for 9 September 2015 – 21 October 2015 received from the Director: Corporate Services [Legal Services] be noted;
[b] That going forward the report should be presented in a more
informative format.
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File Number: 9/1/2/9 Execution: Director Corporate Services
Manager: Legal Services G09/11/15 MONTHLY REPORTS: INTEGRATED DEVELOPMENT PLAN AND
LOCAL ECONOMIC DEVELOPMENT
RESOLVED
[a] That the monthly report received from the Director : Planning and Development [IDP] for October 2015,be noted;
[b] That the monthly report received from the Director: Planning and
Development [LED] for September 2015, be noted.
File Number: 9/1/2/13 Execution: Director Planning and Development Manager: Local Economic Development
G10/11/15 DETAILED CAPITAL BUDGET REPORT FOR THE 2015/2016
FINANCIAL YEAR AS AT 30 SEPTEMBER 2015 RESOLVED
That the Detailed Capital Budget Report: 2015/2016 as at 30 September 2015, be noted.
File Number: 9/1/2/10 Execution: Acting Director: Financial Services
G11/11/15 REPORT ON THE APPROVAL OF LEAVE FOR SENIOR MANAGERS
(SECTIONS 56 & 57)
RESOLVED
[a] That the report on the Approval of Leave for Senior Managers (Sections 56 and 57), be noted;
[b] That the following documentation be noted:
[i] Government Gazette No. 37245 relating to the Regulations on appointment and conditions of employment of senior managers;
[ii] Municipal Systems Act 32 of 2000, Sections 57 & 60; [iii] Knysna Municipal Register of Delegated powers of Decision
making.
File Number: 9/1/2/9 Execution: Director: Corporate Services
Manager: Human Resources
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G12/11/15 CONSULTATION PROCESS FOR THE INTEGRATED STRATEGIC DEVELOPMENT FRAMEWORK
RESOLVED
[a] That the proposed Consultation Process for the Integrated
Strategic Development Framework, be noted;
[b] That a full report from the Municipal Manager on the Public Participation Process that was followed and will be followed by a new consultant, be submitted to the next Council meeting to be held on 29 January 2016;
11 Councillors (10 DA and 1 Cope) voted for the resolution 7 Councillors (ANC) voted against the resolution Councillor Jantjies (Independent) abstained from voting
File Number: 9/1/2/9 Execution: Director: Planning and Development
G13/11/15 OUTSTANDING ITEMS
RESOLVED That the report on the Outstanding Items, be noted. File number: 9/1/2/9
Execution: Director: Corporate Services
9.3 ITEMS SUBMITTED TO THE FINANCE COMMITTEE: 4 NOVEMBER 2015
F01/11/15 REPAIRS AND MAINTENANCE AS AT 30 SEPTEMBER 2015
RESOLVED
[a] That the report on repairs and maintenance expenditure for September 2015, be noted;
[b] That spending on Repairs and Maintenance be increased with
immediate effect.
File number: 5/3/R Execution: Director: Financial Services
F02/11/15 CREDITOR PAYMENT REPORT – SEPTEMBER 2015
RESOLVED
That the report with regard to the Year to Date Creditor payment as at September 2015, be noted.
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File number: 9/1/2/10 Execution: Director: Financial Services
F03/11/15 DEBTORS AGE ANALYSIS AS AT 30 SEPTEMBER 2015
RESOLVED
[a] That the report with regard to the debtors age analysis for the month of September 2015, be noted;
[b] That strict measures to improve Debt Collection and Income
Management, be enforced.
File number: 9/1/2/10 Execution: Director: Financial Services
F04/11/15 MONTHLY BUDGET STATEMENT FOR AUGUST 2015
RESOLVED That the monthly budget statement for August 2015 received from the Acting Director: Financial Services, be noted
File number: 9/1/2/10 Execution: Director: Financial Services
F05/11/15 DETAILED CAPITAL BUDGET REPORT 2015/2016 AS AT 30 SEPTEMBER 2015
RESOLVED
That the Detailed Capital Budget Report: 2015/2016 as at 30 September 2015, be noted.
File number: 9/1/2/10 Execution: Director: Financial Services
F06/11/15 STANDBY ALLOWANCE REPORT – SEPTEMBER 2015
RESOLVED
[a] That the report with regard to the Year To Date Standby Allowance Expenditure as at September 2015, be noted;
[b] That the Municipal Manager instruct the Human Resource Section
in conjunction with the Legal Services Section to develop a draft Standby Allowance Policy and that it be submitted to the next Finance Committee meeting for consideration in February 2016.
File number: 9/1/2/10 Execution: Municipal Manager
Director: Financial Services
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F07/11/15 TRAVELLING AND SUBSISTENCE REPORT – SEPTEMBER 2015
RESOLVED
That the report with regard to Travelling and Subsistence Expenditure for the month of September 2015, be noted.
File number: 9/1/2/10 Execution: Director: Financial Services
F08/11/15 OVERTIME REPORT - JULY 2015 TO SEPTEMBER 2015
RESOLVED
[a] That the report with regard to Overtime for July to September 2015 received from the Acting Director: Financial Services, be noted;
[b] That the Municipal Manager instructs the Legal Services Section
and Human Resource Section to submit a detailed report to the Finance Committee meeting in February 2016 regarding alignment between the Overtime Policy and relevant labour legislation;
[c] That the Municipal Manager and Directors discuss at a Senior
Management level the operational effects of overtime as per the report and submit their recommendations to the Finance Committee meeting in February 2016;
[d] That until the matter is resolved, overtime as per existing
procedure, be paid. File number: 9/1/2/10 Execution: Municipal Manager
Director: Financial Services
F09/11/15 ACTUAL YEAR TO DATE DEVIATIONS AS AT 30 SEPTEMBER 2015
RESOLVED
[a] That the report on deviations for the period ending 30 September 2015 received from the Acting Director: Financial Services, be noted;
[b] That a more detailed description of reasons for deviations be
provided in future reports.
File number: 9/1/2/10 Execution: Director: Financial Services
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F10/11/15 MONTHLY BUDGET STATEMENT – SEPTEMBER 2015
RESOLVED
[a] That the Monthly Budget Statement for September 2015 received
from the Acting Director: Financial Services, be noted; [b] That the concerns raised by the Executive Mayor in her Mayor‟s
report, be seriously addressed. File number: 9/1/2/10 Execution: Director: Financial Services
F11/11/15 QUARTERLY WITHDRAWAL REPORT FOR THE QUARTER ENDING
30 SEPTEMBER 2015
RESOLVED
That the quarterly withdrawal report for the quarter ending 30 September 2015, received from the Acting Director: Financial Services, be noted. File number: 9/1/2/10 Execution: Director: Financial Services
F12/11/15 INFORMATION COMMUNICATION TECHNOLOGY (ICT) POLICY
RESOLVED
[a] That the report with regard to the Information Communication
Technology (ICT) Policy, be noted; [b] That the proposed amendments on pages 10 and 19 to the ICT
Policy, be approved.
File number: 6/2/1/6 Execution: Director: Financial Services
F13/11/15 MSCOA STEERING COMMITTEE MEETING MINUTES – SEPTEMBER 2015
RESOLVED
That the minutes of the mSCOA Steering Committee Meeting held on 29 September 2015, be noted.
File number: 6/2/1/6 Execution: Director: Financial Services
F14/11/15 SUPPLY CHAIN MANAGEMENT REPORT FOR THE QUARTER ENDED 30 SEPTEMBER 2015
RESOLVED
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[a] That the report on the implementation of the Supply Chain Management Policy for the quarter which ended on 30 September 2015, received from the Acting Director: Financial Services, be noted;
[b] That the Municipal Manager instructs the Director : Financial
Services to ensure that accurate and duly signed documents or minutes of the Bid Evaluation Committee and Bid Adjudications Committee be submitted to the Finance Committee for the new year;
[c] That the Finance Committee wishes to note its concerns on the
minutes of the BEC and BAC provided to the Finance Committee.
File Number: 9/1/2/10 Execution: Municipal Manager
Director: Financial Services Manager: Expenditure (SCM)
F15/11/15 EARLY REPAYMENT: ANNUITY LOANS AND STOCK ISSUES
RESOLVED
[a] That the Early Repayment: Annuity Loans and Stock Issues report,
be noted;
[b] That authorisation be granted to request early settlement costs of annuity loans and stock issues from the various institutions.
File Number: 9/1/2/10 Execution: Director: Financial Services
F16/11/15 SUMMARY OF EXTERNAL LOANS: QUARTER 1 OF 2016
RESOLVED
That the summary of external loans report for quarter 1 of 2016, be noted as amended. File Number: 5/8/2 Execution: Director: Financial Services
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F17/11/15 QUARTERLY REPORT ON THE IMPLEMENTATION OF THE BUDGET AND THE FINANCIAL AFFAIRS OF THE MUNICIPALITY AS AT 30 SEPTEMBER 2015
RESOLVED
That cognisance of the quarterly report on the implementation of the budget and the financial affairs for Knysna Municipality referred to in section 52(d) of the MFMA for the quarter ended 30 September 2015, be noted.
File number: 9/1/2/10 Execution: Director: Financial Services
F18/11/15 DEBTORS AGE ANALYSIS AS AT SEPTEMBER 2015 (AMENDED)
RESOLVED
That the amended debtors age analysis report as at 30 September 2015, be noted. File number: 5/12 Execution: Director: Financial Services
9.4 ITEMS SUBMITTED TO THE COMMUNITY SERVICES COMMITTEE: 10 NOVEMBER 2015
C01/11/15 REPORT ON PLAY PARKS
RESOLVED
[a] That the contents of the report with regard to play parks received from the Director: Community Services, be noted;
[b] That suitable localities for future playgrounds, be approved by the
Director: Community Services; [c] That the requirement of annual funding for replacement and
improved maintenance of play apparatus, be considered in future budgets;
[d] That the Sedgefield play parks be included in future reports of the
Community Services Parks and Recreation Section; [e] That the Director: Community Services send a report to all ward
councillors as to when the play parks in their wards will be attended to and when the work will be completed.
File Number: 6/1/4/5 Execution: Director: Community Services Manager: Parks and Recreation
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C02/11/15 DISASTER MANAGEMENT PLAN
RESOLVED
That the Disaster Management Plan be submitted to the Community Services Committee meeting in February 2016 with the amendments.
File Number: 17/12/1 Execution: Director: Community Services
C03/11/15 PROVINCIAL FINANCE OVERSIGHT COMMITTEE MEETING
RESOLVED
That the draft minutes of the Provincial Finance Oversight Committee Meeting be noted.
File Number: 9/1/2/5 Execution: Director: Community Services
C04/11/15 REPORT ON THE REVIEW OF THE ROADS AND TRAFFIC BY-LAW
RESOLVED
[a] That the report on the review of the Roads and Traffic by-law be noted;
[b] That the Executive Mayor support the publication of the proposed
amendments to the Roads and Traffic by-law for public comment as provided for in Rule 47 of the Knysna Municipality‟s Rules of Order for Internal Arrangements By-law;
[c] That once the period for public comments have elapsed, the Roads
Traffic By-law be submitted to the Ordinary Council Meeting on 29 January 2016, for approval.
File Number: 9/1/2/5 Execution: Director: Community Services Manager: Legal Services
C05/11/15 COMMUNITY SERVICES MONTHLY REPORT: SOCIAL
DEVELOPMENT SECTION: SEPTEMBER 2015
RESOLVED
That the monthly report for Social Development for September 2015 received from the Director Community Services [Social Development] be noted.
File Number: 9/1/2/5 Execution: Director: Community Services
Manager: Protection Services
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C06/11/15 COMMUNITY SERVICES MONTHLY REPORTS: LIBRARIES AND
HERITAGE: SEPTEMBER 2015
RESOLVED
That the monthly report for Libraries and Heritage for September 2015 received from the Director Community Services [Libraries and Heritage] be noted.
File Number: 9/1/2/5 Execution: Director: Community Services
Manager: Libraries and Heritage
C07/11/15 COMMUNITY SERVICES MONTHLY REPORT: WASTE
MANAGEMENT: AUGUST 2015
RESOLVED
That the monthly report for Waste Management for August 2015 received from the Director Community Services [Waste Management] be noted.
File Number: 9/1/2/5 Execution: Director: Community Services
Manager: Waste Management C08/11/15 COMMUNITY SERVICES MONTHLY REPORT: WASTE
MANAGEMENT: SEPTEMBER 2015
RESOLVED
That the monthly report for Waste Management for September 2015 received from the Director Community Services [Waste Management] be noted.
File Number: 9/1/2/5 Execution: Director: Community Services
Manager: Waste Management
C09/11/15 COMMUNITY SERVICES MONTHLY REPORT: TRAFFIC AND LAW ENFORCEMENT: SEPTEMBER 2015
RESOLVED
That the monthly report for Traffic and Law Enforcement for September 2015 received from the Director Community Services [Traffic and Law Enforcement] be noted.
File Number: 9/1/2/5 Execution: Director: Community Services
Manager: Protection Services
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C10/11/15 EDEN DISTRICT MONTHLY REPORT: ENVIRONMENTAL HEALTH:
SEPTEMBER 2015
RESOLVED
That the monthly report for September 2015 received from the Eden District Municipality [Environmental Health] be noted.
File Number: 9/1/2/5 Execution: Director: Community Services
Manager: Environmental Health C11/11/15 COMMUNITY SERVICES MONTHLY REPORT: PARKS AND
RECREATION: SEPTEMBER 2015
RESOLVED
That the monthly report for Parks and Recreation for September 2015 received from the Director Community Services [Parks and Recreation] be noted.
File Number: 9/1/2/5 Execution: Director: Community Services
Manager: Parks and Recreation
C12/11/15 COMMUNITY SERVICES MONTHLY REPORT: SPORT AND DISASTER: SEPTEMBER 2015
RESOLVED
That the monthly report for Sport and Disaster for September 2015 received from the Director Community Services [Sport and Disaster] be noted.
File Number: 9/1/2/5 Execution: Director: Community Services
Manager: Sport and Disaster C13/11/15 DETAILED CAPITAL BUDGET REPORT: 2015/2016 AS AT 30
SEPTEMBER 2015
RESOLVED
That the Detailed Capital Budget Report: 2015/2016 as at 30 September 2015, be noted.
File number: 5/3/1 Execution: Acting Director: Financial Services
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C14/11/15 FIRE HYDRANTS
RESOLVED That the progress being made during the month of October 2015 where it concerns the testing, maintenance and mapping of fire hydrants in the Knysna Municipal Area, be noted.
File Number: 17/7/R Execution: Director: Community Services
C15/11/15 CCTV POLICY
The item was withdrawn as a new item was submitted on page 1577 of the Agenda.
File Number: 6/1/4/5 Execution: Director: Community Services
C16/11/15 NCOP "REPORT ON TAKING PARLIAMENT TO THE PEOPLE” HELD AT OUDSHOORN, EDEN DISTRICT MUNICIPALITY, WESTERN CAPE PROVINCE 13-17 APRIL 2015"
RESOLVED
[a] That the NCOP "Report on Taking Parliament to the people” held at
Oudtshoorn, Eden District Municipality, Western Cape Province 13-17 April 2015", be noted;
[b] That the issues not applicable to Knysna Municipality be forwarded
to the relevant National or Provincial Departments.
File Number: 9/1/2/5 Execution: Director: Corporate Services
C17/11/15 EDEN DISTRICT MONTHLY REPORT : ENVIRONMENTAL HEALTH:
OCTOBER 2015
RESOLVED
That the monthly report for October 2015 received from the Eden District Municipality [Environmental Health] be noted.
File Number: 9/1/2/5 Execution: Director: Community Services
Manager: Environmental Health
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C18/11/15 SEDGEFIELD WASTE MANAGEMENT LICENCE
RESOLVED
That the report regarding the using of the Waste Management License for the proposed Sedgefield Waste Management Facility be noted.
File Number: 16/5/R Execution: Director: Community Services
C19/11/15 IMPOUNDMENT OF PIGS
RESOLVED
[a] That the report from the Director Community Services with regard
to the impoundment of pigs, be noted;
[b] That a meeting be held with pig and other livestock farmers, ward committees and other stakeholders with regards to the management, impounding and the roaming of pigs and other livestock in all areas within the Greater Knysna and that a report be submitted to the Community Services Committee meeting in February 2016 with regard thereto;
[c] That the Director : Community Services investigate the situation
regarding the disposal of animal carcasses and a solution with regard thereto be proposed to the Community Services Section meeting to be held on 23 February 2016.
File Number: 17/9/3 Execution: Director: Community Services
9.5 ITEMS SUBMITTED TO THE PLANNING DEVELOPMENT AND
INFRASTRUCTURE COMMITTEE : 11 NOVEMBER 2015 P01/11/15 KNYSNA, ERF 7966 & 7977, 1033
RESOLVED
That the report be referred back for a report on the Public Participation Process of this application to the Planning Development and Infrastructure Committee Meeting to be held on 24 February 2016.
File Number: 15/2/5/3 Execution: Director: Planning and Development
Manager: Town Planning and Building Control
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P02/11/15 REPORT ON THE MAINTENANCE OF DISTRICT ROADS WITHIN THE
MUNICIPAL AREA
RESOLVED
[a] That the Municipal Manager be instructed to communicate with the Municipal Manager of Eden District Municipality to prepare a proper Maintenance Plan for the district roads in the Greater Knysna Area;
[b] That the Municipal Manager be instructed to enter into discussions
with the Provincial Roads Department for the transfer of the management of strategic roads from Eden District Municipality to Knysna Municipality.
File Number: 9/1/2/13 Execution: Municipal Manager
Director: Technical Services Body break from 11:00 to 11:15 P03/11/15 REPORT ON THE DAMAGES TO ROADS SUFFERED DURING THE
RECENT HEAVY RAINS
RESOLVED
[a] That the report on the damage to roads suffered during the recent heavy rains, be noted;
[b] That the source of the funding to be used for the repairs, estimated
at R5million of which 20% is for the account of Knysna Municipality, will be identified in the Adjustment Budget process;
[c] That the repair works associated with the damaged roads be
commenced with; [d] That it be noted that the Knysna Municipality did not remove any
vegetation or other materials that may have contributed to the slips on the N2, as has been alleged by some members of the public in the media;
[e] That a report from the Director : Technical Services with regard to
the estimated costs of damages to all infrastructure due to the heavy rains, be submitted to the next Council Meeting to be held on 29 January 2016;
[f] That a full report including the revised figure from Provincial
Government with regard to the damages to the N2, be submitted to a following meeting.
Although the matter was not put to the vote, Cllr de Vries indicated
that all ANC Councillors are against the above resolution.
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File Number: 9/1/2/13 Execution: Director: Technical Services ANC Caucus from 12:15 to 12:45
P04/11/15 ROAD SURFACING: WARD 4
RESOLVED
[a] That the report on the road surfacing in Ward 4, be noted; [b] That the road in Flenters in Ward 4, be paved within the allocated
budget; [c] That the budget allocation (R1,0m) for road surfacing be amended
in the Adjustment Budget to reflect [b] above; [d] That the construction work on the road mentioned in [b] above be
commenced with as soon as possible; [e] That the verbal comments from the Municipal Manager on the
financial implications and the budget, be noted. File Number: 9/1/2/13 Execution: Director: Technical Services
P05/11/15 WATER METER PRESENTATION
RESOLVED
[a] That the presentation made by Excelsior Concepts on Prepaid Water Meters, be noted;
[b] That the Municipal Manager develop Guidelines for the inclusion of
a presentation on an Agenda of the Municipal Council and Committees, for submission to the Governance and Economic Development Committee Meeting in February 2016.
File Number: 9/1/2/13 Execution: Municipal Manager
Director: Corporate Services
P06/11/15 PROPOSED AMENDMENT OF THE TOWN PLANNING TARIFF LIST TO ACCOMMODATE THE NEW PLANNING SYSTEM UNDER SPLUMA
RESOLVED
Item withdrawn, see item SP04/11/15.
File Number: 9/1/2/13 Execution: Director: Planning and Development
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Manager: Planning and Building Control P07/11/15 AMENDMENT OF THE SYSTEM OF DELEGATIONS TO
ACCOMMODATE THE NEW PLANNING SYSTEM UNDER SPLUMA
RESOLVED
Item withdrawn, see item SP03/11/15.
File Number: 9/1/2/13 Execution: Director: Planning and Development
Manager: Planning and Building Control P08/11/15 REPORT ON THE ESTABLISHMENT OF A MUNICIPAL PLANNING
TRIBUNAL
RESOLVED Item withdrawn, see item SP02/11/15.
File Number: 9/1/2/13 Execution: Director: Planning and Development
Manager: Planning and Building P09/11/15 FEEDBACK REPORT: COMPLAINTS RECEIVED RELATING TO
ERVEN 6389, 2252, 6248, 6239: HORNLEE
RESOLVED
[a] That the feedback report on complaints received of illegal building work on Erven 6389, 6248, 6239, 2252, Knysna, be noted;
[b] That the Municipal building (sport ablution facility) in disrepair on
Erf 2252, Knysna be demolished as soon as possible; [c] That a report on appropriate and relevant complaints regarding
buildings not contained in this report be submitted to the next Planning, Development and Infrastructure Committee Meeting in February 2016.
File Number: 9/1/2/13 Execution: Director: Planning and Development
R. Schroeder: Senior Building Inspector
P10/11/15 MONTHLY REPORT FOR SEPTEMBER 2015: TECHNICAL DIRECTORATE
RESOLVED
[a] That the monthly Report for September 2015 received from the
Director: Technical Services, be noted;
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[b] That a report on the procedures on how complaints and/or service
requests received over weekends are dealt with, be submitted to the next Planning, Development and Infrastructure Committee Meeting in February 2016;
[c] That the Service Request Progress Report be converted to analyse
the trends and not only to provide the raw data;
[d] That the request for an additional R2,0m for the repair of potholes, be referred to the Adjustment Budget for consideration.
File Number: 9/1/2/13 Execution: Director: Technical Services Director: Financial Services
P11/11/15 MONTHLY REPORTS: ENVIRONMENTAL MANAGEMENT DEPARTMENT, INTEGRATED HUMAN SETTLEMENTS & TOWN PLANNING & BUILDING CONTROL
RESOLVED
[a] That the monthly reports for September 2015 received from the
Director: Planning and Development [EMD, IHS and Planning and Building Control], be noted;
[b] That a report dealing with the plan of the rehabilitation of the
Sedgefield Dune be submitted to the next Planning, Development and Infrastructure Committee meeting in February 2016;
[c] That the Municipal Manager be instructed to report back at the next
Planning, Development and Infrastructure Committee Meeting in February 2016 on the various challenges raised in the presentation of the Manager: Integrated Human Settlements.
File Number: 9/1/2/13 Execution: Municipal Manager
Director: Planning and Development Manager: EMD Manager: IHS Manager: Planning and Building Control P12/11/15 PORTIONS 7 & 23 OF THE FARM ROODE KRAAL NO. 184,
PROVINCIAL ROAD MR NO. 355 (KM 45.4), BARRINGTON, KNYSNA: APPLICATION FOR TEMPORARY LAND USE DEPARTURE (APPLICATION No. 1022)
RESOLVED
That the matter with regard to the application for temporary land use departure for Portions 7 and 23 of the Farm Roode Kraal No 184, Provincial Road MR No 355 (km 45.5), Barrington, Knysna, be referred to
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the Planning Development and Infrastructure Committee Meeting to be held in February 2016, with all relevant information to be provided.
File Number: 9/1/2/13 Execution: Director: Planning and Development
Manager: Planning and Building Control P13/11/15 DETAILED CAPITAL BUDGET REPORT FOR THE 2015/2016
FINANCIAL YEAR AS AT 30 SEPTEMBER 2015
RESOLVED
That the Detailed Capital Budget Report: 2015/2016 as at 30 September 2015, be noted. File Number: 9/1/2/10 Execution: Director: Financial Services
P14/11/15 QUARTERLY PROGRESS REPORT: WAIVER APPLICATIONS
RECEIVED FOR THE PERIOD JANUARY 2015 TO MARCH 2015
RESOLVED
That the Quarterly Progress Report: Waiver Applications received for the period January 2015 to March 2015, be noted.
File Number: 9/1/2/14 Execution: Municipal Manager Director: Financial Services
P15/11/15 QUARTERLY PROGRESS REPORT: WAIVER APPLICATIONS RECEIVED FOR THE PERIOD APRIL 2015 TO JUNE 2015
RESOLVED
That the Quarterly Progress Report: Waiver Applications received for the period April 2015 to June 2015, be noted. File Number: 9/1/2/14 Execution: Municipal Manager Director: Financial Services ANC Caucus from 12:15 to 12:45
P16/11/15 TEMPORARY RELOCATION OF THE PEOPLE ON THE OLD MAIN
ROAD BESIDE OUPAD, TO HEIDEVALLEI
RESOLVED
[a] That the 40 households in the affected area on the old Main Road beside Oupad be urgently provided with better services to improve their living conditions;
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[b] That a report on the improvements be submitted to the next Planning, Development and Infrastructure Committee Meeting to be held on 24 February 2016.
11 Councillors (10 DA and 1 Cope) voted for the above resolution; 7 Councillors (ANC) voted against the above resolution; Cllr Jantjies (Independent) abstained from voting. File Number: 17/4/R Execution: Director: Planning and Development
Manager: Integrated Human Settlements P17/11/15 ADVERTISING OF TENDER FOR PLANNING OF HEIDEVALLEI AND
CENTRAL PARK RESOLVED
That the advertisement of the tender for professional services for the planning of Heidevallei and Central Park, within the current budget allocations of the Department of Planning and Development, be supported.
File Number: 8/1/1 Director: Planning and Development
Manager: Town Planning P18/11/15 ADOPTON OF THE DRAFT KNYSNA MUNICIPAL LAND USE
PLANNING BY-LAW
Item withdrawn, see item SP01/11/15.
File Number: 8/1/1 Director: Planning and Development
Manager: Town Planning 9.6 ITEMS SUBMITTED TO THE SPECIAL PLANNING DEVELOPMENT AND
INFRASTRUCTURE COMMITTEE : 20 NOVEMBER 2015 SP01/11/15 ADOPTION OF THE DRAFT KNYSNA MUNICIPAL LAND USE
PLANNING BY-LAW
RESOLVED
[a] That resolution P09/05/15 taken by the Municipal Council on 29 May 2015, be revoked;
[b] That the attached amended Draft Knysna Municipal Land Use
Planning By-law, as amended during the meeting, be approved in terms of Section 12 of the Local Government: Municipal Systems Act (Act No. 32 of 2000);
[c] That the approved Knysna Municipal Land Use Planning By-law be
published in the Provincial Gazette and local press in terms of
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Section 13 of the Local Government: Municipal Systems Act (Act No. 32 of 2000);
[d] That the Municipal Manager inform the Provincial Minister of Local
Government, Environmental Affairs and Development Planning of (b) above in order to determine the date of implementation of the Knysna Municipal Land Use Planning By-law;
[e] That the following individuals who submitted comments be thanked
and informed of [b] and [c] above and that their inputs, where appropriate, were incorporated in the By Law:
(1) Ms S Campbell; (2) Mr Jacques Malan; (3) Ms Lizemarie Botha from VPM; and (4) Marike Vreken Town Planner;
[f] That the amended approved Knysna Municipal Planning Bylaw be
reviewed after one year of implementation. 11 Councillors (10 DA and 1 Cope) voted for the above resolution; 7 Councillors (ANC) voted against the above resolution; Cllr Jantjies (Independent) abstained from voting. File Number: 8/1/1 Execution: Director: Planning and Development
Manager: Town Planning and Building Control Lunch break from 13:25 to 14:00
SP02/11/15 REPORT ON THE ESTABLISHMENT OF A MUNICIPAL PLANNING
TRIBUNAL
RESOLVED
[a] That the report with regard to the establishment of a Municipal Planning Tribunal, be noted;
[b] That the Knysna Municipal Planning Tribunal be established in
terms of Sub-section 70(1)(a) of the Knysna Municipal Land Use Planning By-law;
[c] That the Municipal Manager be authorized to take the necessary
steps to identify internal and external nominations for members of the Municipal Planning Tribunal;
[d] That a report be submitted by the Municipal Manager on the
process of the internal and external nominations to a Special Meeting to be held in February 2016.
11 Councillors (10 DA and 1 Cope) voted for the above resolution; 7 Councillors (ANC) voted against the above resolution; Cllr Jantjies (Independent) abstained from voting.
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File Number: 9/1/2/13 Execution: Director: Planning and Development
Manager: Planning and Building SP03/11/15 AMENDMENT OF THE SYSTEM OF DELEGATIONS TO
ACCOMMODATE THE NEW PLANNING SYSTEM UNDER SPLUMA
RESOLVED
That a draft categorisation of applications in terms of the Knysna Municipal Land Use Planning By law be submitted to the next Planning,
Development and Infrastructure Committee Meeting in February 2016.
File Number: 9/1/2/13 Execution: Director: Planning and Development
Manager: Planning and Building Control SP04/11/15 PROPOSED AMENDMENT OF THE TOWN PLANNING TARIFF LIST TO
ACCOMMODATE THE NEW PLANNING SYSTEM UNDER SPLUMA
RESOLVED
[a] That the Proposed Amendment of the Town Planning Tariff List to accommodate the New Planning System Under SPLUMA, be noted;
[b] That in accordance with the provisions of Section 75(A) of the
Local Government : Municipal Systems Act 2000 (Act 32 of 2000) the following tariffs are imposed for applications in terms of the Knysna Municipal Land Use Planning By-law:
Application
Type
Application
Category
Rebate Category Fee By-Law
Section
Structure Plan,
SDF
Amendment
R 1,500
Chapter II
Rezoning Inside Urban
Edge: Straight
Agriculture,
Residential and
Community uses
R 2,000 Section 15
(2)(a)
Mixed Use,
Business and
Industrial uses
R 2,500 Section 15
(2)(a)
Public Open
Space and Public
Roads
R 0.00 Section 15
(2)(a)
Inside Urban
Edge: Sub
divisional Area
Agriculture,
Residential and
Community uses
R 2,500 Section 15
(2)(a)
Mixed Use,
Business and
R 3,000 Section 15
(2)(a)
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Application
Type
Application
Category
Rebate Category Fee By-Law
Section
Industrial uses
Public Open
Space and Public
Roads
R 0.00 Section 15
(2)(a)
Outside Urban
Edge: All
Agriculture,
Conservation and
Tourism related
uses
R 2,600.00 Section 15
(2)(a)
Township
Establishment
and Other uses
R 3,800.00 Section 15
(2)(a)
Public Open
Space and Public
Roads
R 0.00 Section 15
(2)(a)
Permanent
Departure
Building line
relaxations,
Coverage
Indigent
households and
Subsidy Housing
areas
R 0 Section
15(2)(b)
Other users R 1500 Section
15(2)(b)
Temporary
Departures
House Shops
indigent
households and
subsidy housing
areas up to
20sqm
R 240.00 Section
15(2)(c)
All other users
(including taverns)
R 3200 Section
15(2)(c)
Subdivisions Straight 1-3
portions (not part
of a rezoning to
sub divisional
area application)
Indigent
households and
Subsidy Housing
areas
R 240.00 Section
15(2)(d)
Agriculture,
Residential and
Community uses
R 950.00 Section
15(2)(d)
Mixed Use,
Business and
Industrial uses
R 950.00 Section
15(2)(d)
Per additional
portions
R 210.00 Section
15(2)(d)
As part of a
rezoning to sub
divisional area
application
Indigent
households and
Subsidy Housing
areas
R 120.00 Section
15(2)(d)
Agriculture, R 600.00 Section
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Application
Type
Application
Category
Rebate Category Fee By-Law
Section
Residential and
Community uses
15(2)(d)
Mixed Use,
Business and
Industrial uses
R 900.00 Section
15(2)(d)
Per additional
portions
R 120.00 Section
15(2)(d)
Consolidations All Consolidations R 900 Section
15(2)(e)
Removal of
Title Deed
Restrictions
Straight (not part
of another
application)
Indigent
households and
Subsidy Housing
areas
R 300.00 Section
15(2)(f)
Agriculture,
Residential and
Community uses
R 1,500.00 Section
15(2)(f)
Mixed Use,
Business and
Industrial uses
R 1,900.00 Section
15(2)(f)
As part of another
application
Indigent
households and
Subsidy Housing
areas
R 120.00 Section
15(2)(f)
Agriculture,
Residential and
Community uses
R 600.00 Section
15(2)(f)
Mixed Use,
Business and
Industrial uses
R 900.00 Section
15(2)(f)
Zoning
Scheme
permission
All R 120.00 Section
15(2)(g)
Amendment of
Conditions of
Approval
All Amendment of
conditions
R 1600 Section
15(2)(h)
Extension of
Approval
Period
All All uses 50% of
applicable fee
Section
15(2)(i)
Amendment of
Zoning
Scheme /
substitution
Scheme /
Approval of an
Overlay Zone
Straight (not part
of another
application)
Indigent
households and
Subsidy Housing
areas
R 300.00 Section
15(2)(j)
Agriculture,
Residential and
Community uses
R 1,500.00 Section
15(2)(j)
Mixed Use,
Business and
R 1,900.00 Section
15(2)(j)
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Application
Type
Application
Category
Rebate Category Fee By-Law
Section
Industrial uses
As part of another
application
Indigent
households and
Subsidy Housing
areas
R 120.00 Section
15(2)(j)
Agriculture,
Residential and
Community uses
R 600.00 Section
15(2)(j)
Mixed Use,
Business and
Industrial uses
R 900.00 Section
15(2)(j)
Subdivisions
(Amendment
of subdivision
plan)
Other Amendment of
subdivision plan
R 380.00 Section
15(2)(k)
Amendment of
General Plan
Straight (not part
of another
application)
Indigent
households and
Subsidy Housing
areas
R 300.00 Section
15(2)(k)
Agriculture,
Residential and
Community uses
R 1,500.00 Section
15(2)(k)
Mixed Use,
Business and
Industrial uses
R 1,900.00 Section
15(2)(k)
As part of another
application
Indigent
households and
Subsidy Housing
areas
R 120.00 Section
15(2)(k)
Agriculture,
Residential and
Community uses
R 600.00 Section
15(2)(k)
Mixed Use,
Business and
Industrial uses
R 900.00 Section
15(2)(k)
Site
Development
Plans, HOA
Constitutions,
and other
plans,
certificates
and
documents
required for
All Per application R 350.00 Section
15(2)(l)
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Application
Type
Application
Category
Rebate Category Fee By-Law
Section
the
implementatio
n of an
approval
Zoning
Determination
All All areas R 900.00 Section
15(2)(m)
Closure of
public open
spaces, public
places and
public roads,
All Closure of Public
Open Spaces
R 570.00 Section
15(2)(n)
Consent Use Indigent
households and
Subsidy Housing
areas
R 180.00 Section
15(2)(o)
Other R 2000 Section
15(2)(o)
Occasional
Use of Land
Indigent
households and
Subsidy Housing
areas
R 120.00 Section
15(2)(p)
Agriculture,
Residential and
Community uses
R 600.00 Section
15(2)(p)
Mixed Use,
Business and
Industrial uses
R 900.00 Section
15(2)(p)
Disestablish a
HOA
All All R 350.00 Section
15(2)(q)
Rectification of
a HOA to meet
obligations
All All R 700.00 Section
15(2)(r)
All Indigent
households and
Subsidy Housing
areas
R 120.00 Section
15(2)(s)
Agriculture,
Residential and
Community uses
R 600.00 Section
15(2)(s)
Mixed Use,
Business and
Industrial uses
R 900.00 Section
15(2)(s)
Other Exempted
applications
R 240.00 Section 24(1)
Transfers All 1st Transfer R 120.00 Section 28(2)
Appeals All R 900.00 Section 80(3)
Rectification of All 2x applicable Section 86(4)
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Application
Type
Application
Category
Rebate Category Fee By-Law
Section
a
Contravention
fee
Removal of
Title Deed
Restrictions
Administrators
Consent
All R 120.00 Not
Applicable
Copies of
Town Maps,
Spatial
Planning
documents
and Land Use
Planning laws
and
regulations
PDF Format only
CD Copies
R30.00 Not
applicable
Electronic copies R0.00 Not
Applicable
Zoning
Certificates
All All R 200 Not
applicable
[c] That payment and refunding of town planning application fees
mentioned in [b] above, be implemented in accordance with the following conditions:
(a) All application fees shall be paid by the applicant on the
submission of a land use application; (b) 100% of the application fees shall be refunded if the
application is found not to be required by the municipality; (c) 75% of application fees, except for (v) hereunder, shall be
refunded to the applicant should an application be withdrawn prior to it being advertised. If the application has already been advertised, there will be no refund;
(d) 100% of advertising fees will be refunded if the application is found not to be required by the municipality, should the application be withdrawn by the applicant prior to advertisement and/or if no advertisement is required;
(e) No application fees will be refunded if the applicant fails to provide the standard information required and/or additional fees required to process the application further should such information and/or fees not be received in the timeframe stipulated resulting in the application file being closed.
File Number: 9/1/2/13 Execution: Director: Planning and Development
Manager: Town Planning and Building Control
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9.7 ITEMS SUBMITTED DIRECTLY TO THE MAYORAL COMMITTEE M01/11/15 MUNICIPAL COUNCIL IN RECESS: PERIOD 11 DECEMBER 2015 TO
15 JANUARY 2016
RESOLVED
[a] That the report on the Municipal Council in Recess: Period 11 December 2015 to 15 January 2016, be noted;
[b] That the Municipal Council stands prorogued for the period 11
December 2015 to 15 January 2016;
[c] That the Executive Mayor and the Municipal Manager be delegated and authorised to perform jointly all the official Municipal Council duties, responsibilities and functions during the period 11 December 2015 to 15 January 2016, with the exception of those indicated in Section 160(2) of the Constitution of the Republic of South Africa, 1996, namely:
i. The passing of by-laws;
ii. The approval of budgets;
iii. The imposition of rates and other taxes, levies and duties;
and
iv. The raising of loans; As well as the following, in terms of other legislation:
v. Disposal of council properties;
vi. Approval of Integrated Development Plan;
vii. The appointment of managers directly accountable to the
Municipal Manager; viii. The appointment of the Municipal Manager and acting
Municipal Managers;
ix. All other powers and functions reserved for the Municipal Council not be delegated to the Executive Mayor.
File Number: 3/3/2/1 Execution: Director: Corporate Services
Manager: Administration
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M02/11/15 EXTENSION OF BRENTON BLUE BUTTERFLY RESERVE
RESOLVED
[a] That the report on the extension of the Brenton Blue Butterfly Reserve, be noted;
[b] That it be noted that Cape Nature could not accommodate the
swopping of Municipal land for state – owned properties on which housing can be provided as was envisaged in Resolution [c] of item G28/02/15;
[c] That the expansion of the Brenton Blue Butterfly Reserve to Erf
542, Brenton and Portions of Portion 81 of the farm Uitzicht 216, by means of a stewardship agreement with Cape Nature and the Brenton Blue Trust, be supported in principle;
[d] That the Municipal Manager be requested to finalise the necessary
stewardship agreement as mentioned in [c] above and subject to [e] below; and submit the same to the Municipal Council for final approval;
[e] That the costs of invasive alien clearing and fire management
operations on the municipal properties mentioned in [c] above, henceforth be financed and paid for by the Brenton Blue Trust;
[f] That Council not consider future land matters with other state
institutions unless Council is to be compensated accordingly and that it be mutually beneficial to both parties.
File number: 17/14/R Execution: Municipal Manager
Director: Corporate Services Manager: Legal Services
M03/11/15 REPORT ON THE EMPLOYMENT EQUITY PLAN OF KNYSNA
MUNICIPALITY
Item withdrawn, see item C05/12/15. File number: 9/1/2/8 Execution: Director: Corporate Services
Manager: Human Resources
M04/11/15 APPROVAL OF THE EMPLOYMENT EQUITY AND RECRUITMENT
AND SELECTION POLICIES
Item withdrawn, see item C04/12/15.
File number: 9/1/2/8 Execution: Director: Corporate Services
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Manager: Human Resources M05/11/15 REPORT: PROVINCIAL TREASURY – MAYORAL COMMITTEE OF
FINANCE MEETING HELD ON 12 OCTOBER 2015
RESOLVED
[a] That the letter from the Provincial Minister of Finance, dated 16 November 2015, be noted;
[b] That the Report of the Provincial Mayoral Committee of Finance
meeting held on 12 October 2015 at Goudini Spa, Rawsonville, be noted.
File Number: 9/1/2/10 Execution: Municipal Manager
Chief Financial Officer
M06/11/15 CCTV POLICY
RESOLVED
Item withdrawn, see item C01/12/15. File Number: 6/1/4/5 Execution: Director Community Services
9.8 MUNICIPAL PUBLIC ACCOUNTS COMMITTEE MPAC01/10/15 MINUTES OF THE MUNICIPAL PUBLIC ACCOUNTS
COMMITTEE : 3/2015/16
RESOLVED
That the Minutes of the Municipal Public Accounts Committee meeting 3/2015/16, held on Tuesday, 8 December 2015, be noted.
9.9 AUDIT COMMITTEE
CA 01/10/15 MINUTES OF THE AUDIT COMMITTEE: 4\2015
RESOLVED
That the Minutes of the Audit Committee meeting 4/2015/16, held on Thursday, 22 October 2015, be noted.
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9.10 SPECIAL AUDIT COMMITTEE SA 01/11/15 MINUTES OF THE SPECIAL AUDIT COMMITTEE: 5\2015/16
RESOLVED
That the Minutes of the Special Audit Committee meeting 5/2015/16, held on Friday, 6 November 2015, be noted.
10.1 MATTERS SUBMITTED BY THE MUNICIPAL MANAGER C01/12/15 CCTV POLICY
RESOLVED
[a] That the report on the CCTV Policy, be noted;
[b] That the CCTV Policy, be approved.
File Number: 6/1/4/5 Execution: Director: Community Services DA caucus from 15:10 to 15:35
C02/12/15 EXPIRED SPORTING LEASES
RESOLVED
a] That the report and annexures regarding the expired Sporting leases be noted;
b] That in terms of sub-regulation 34(1)(a) of the Asset Transfer
Regulations, 2008, the Municipal Manager advertise the intension and request proposal to enter into long term lease agreements of 9 years and 11 months for the following properties, which the lease agreements have expired; i] A portion of erf 255 next to Loerie Park for Sea Scout
Headquarters (previous lease agreement with Boy Scouts of South Africa);
ii] A portion of erf 215, Buffalo Bay for parking bays at the Buffalo Bay ski-boat club (previous lease agreement with Buffalo Bay Ski-boat Club);
iii] A portion of farm 215 Walkers Point, Buffalo Bay for a hiking trail (previous lease agreement with Provincial Administration – Western Cape);
iv] Portions of erf 2058, Sedgefield, for Bowling club, Tennis club and the Reg Basson Hall with Kitchen (previous leased to Sedgefield Bowling and Sedgefield Tennis Club respectively)
v] Knysna Lions Club
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c] That in terms of sub-regulation 34(3)(b) of the Asset Transfer Regulations, 2008, the following must be noted; i] The reason for applying for requests for long term leases is
that sport clubs need to recapitalize on any improvements intended and needed to perform their duties to the best of their ability;
ii] The expected benefits to the municipality is that Council‟s assets would be maintained, improved and be made available to members of the public at an affordable price and that sport would be developed in the Knysna Municipal area;
iii] The expected proceeds to be received by the municipality, is the payment of monthly services and rates charges and also the annual rental fees;
iv] There is no expected loss that will be incurred by the municipality arising from the long term leasing of the properties mentioned above.
d] That the standard lease agreement attached as Annexure A be
approved for 9 years and 11 months. e] That the Municipal Manager be hereby authorised to negotiate the
leasing of the Hiking Trail at Buffalo Bay, situated on a portion of the farm Walker Point 215, with the Western Cape Provincial Government;
f] That the Municipal Manager be hereby authorised to inform the
Knysna Lions Club, Knysna Sea Scouts (Boy Scout of South Africa), South African Sea Cadets (Naval Cadet Corp) that no rentals will be levied but said clubs are responsible for all service charges;
g] That the Municipal Manager be authorised to negotiate the leasing
of the Driving Range situated on a Portion of Erf 1390 Knysna with the current lease holders;
h] That the Director Community Services compile a financial feasibility
study plan for the management of Loerie Park to be submitted to the Community Services Section 80 Committee on the 26th of April 2016;
i] That the Municipal Manager be authorised to enter into
negotiations, subject to (j) below, with the following existing tenants:
i] Knysna Golf Club – lease expiring on 1 June 2038, ii] Knysna Bowling Club – lease expiring on 20 June 2026, iii] Leisure Isle Boat Club – lease expiring on 31 January 2042, iv] Leisure Isle Country Club – lease expiring on 31 December
2043, v] Knysna Marathon Club – lease expiring on 30 September
2017,
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vi] Knysna Primary School -Sport fields - lease expiring in 2020,
vii] Sedgefield Lions Club – lease expiring on 30 September 2016,
viii] Cearn Memorial Hall – lease expiring on 31 December 2043 and
ix] Knysna Sport School & Cricket Field – lease expiring on 30 November 2020.
j] That the consultations as in “i]” above include the following;
i] The possible increase of rental fees; ii] Provision to be made to subsidize members who are not
exposed to a specific sport code but are interested in participating in that particular sport code;
iii] Facilities should be open for all members of the public who are interested in practicing sport;
iv] The entities must provide the Council with a transformation and development plan/strategy;
v] The promotion of sport for all people must be prioritized.
k] That a report on the outcome of the consultation process as mentioned in [j] above, be submitted to a following Council Meeting in 2016;
l] That a portion of Erf 1316, Knysna, be leased to the Naval Cadet
Corps, on a month-to-month basis, on condition that all service charges be paid and that no rental be charged.
File Number: 9/1/2/9 Execution: Municipal Manager
Director: Corporate Services Cllr Hart recused herself and left the meeting. C03/12/15 COMMUNITY WORKS PROGRAMME
RESOLVED
[a] That the report on the Community Works Programme, be noted;
[b] That section [b] of the prior resolution taken on 29 October 2015 be
rescinded, namely:
“[b] That Council confirms the 5 geographical areas to be identified as the following:
- Ward 1 : 50 Workers - Ward 2 & 5 : 50 Workers - Ward 3 & 7 : 50 Workers - Ward 4 & 8 : 50 Workers - Ward 6 & 9 : 50 Workers”
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[c] That Council confirms the new allocation to be the following: - Ward 1 : 50 Workers - Ward 2 : 50 Workers - Ward 3 : 55 Workers - Ward 4 : 55 Workers - Ward 5 : 50 Workers - Ward 6 : 65 Workers - Ward 7 : 55 Workers - Ward 8 : 55 Workers - Ward 9 : 65 Workers
File Number: 4/4/3/3 Execution: Municipal Manager
C04/12/15 REVIEW OF THE EMPLOYMENT EQUITY AND RECRUITMENT AND
SELECTION POLICIES
RESOLVED
[a] That Employment Equity and Recruitment and Selection Policies as amended during the meeting, be noted;
[b] That the attached amended Employment Equity and Recruitment
and Selection Policies be approved to provide for the enforcement of compliance with Council‟s Employment Equity Plan.
File Number: 4/2/7 Execution: Director: Corporate Services
C05/12/15 REPORT ON THE EMPLOYMENT EQUITY PLAN OF KNYSNA MUNICIPALITY
RESOLVED
[a] That the report on the Employment Equity Plan of Knysna Municipality, be noted;
[b] That the Employment Equity Plan of Knysna Municipality, be
approved.
File Number: 9/1/2/8 Execution: Municipal Manager
C06/12/15 REPORT ON THE REVIEW OF THE ORGANISATIONAL STRUCTURE
RESOLVED
[a] That the Report on the Review of the Organisational Structure, be noted;
[b] That the draft Report on the Review of the Organisational Structure
as amended during the meeting, be approved for discussion at the Local Labour Forum.
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File Number: 9/1/2/14 Execution: Director: Corporate Services
C07/12/15 ADOPTION OF AMENDED DELEGATION REGISTER
RESOLVED
That the Delegation Register be submitted to a Special Governance and Economic Development Committee Meeting to be held in January 2016 and then to the Ordinary Municipal Council Meeting on 28 January 2016.
File Number: 13/R Execution: Municipal Manager
Director: Corporate Services Manager: Human Resources
C08/12/15 ADOPTION OF STANDARD OPERATING PROCEDURE FOR
COUNCILLOR CAPACITY BUILDING AND TRAINING
RESOLVED That the Standard Operating Procedure for Councillor Capacity Building and Training be approved and adopted.
File Number: 4/4/2/1 Execution: Director: Corporate Services
C09/12/15 COUNCIL EXECUTION AND RESOLUTION LIST
RESOLVED
[a] That the report and its annexure, be noted; [b] That a meeting with Contractors and Consultants regarding the
Hornlee Toilets project be arranged by the Municipal Manager. File Number: 16/3/2/1 Execution: Director: Corporate Services
C10/12/15 REPORT FROM THE DEPUTY MAYOR AND EXECUTIVE COUNCILLORS
RESOLVED
That the Report from the Deputy Mayor and Executive Councillors, be noted. File Number: 9/1/1/1 Execution: Deputy Mayor and Executive Councillors Body break from 17:45 to 17:55
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ANC Caucus from 18:20 to 18:35
C11/12/15 REPORT ON PUBLIC PARTICIPATION PROCESS REGARDING THE DESIGNATED AREAS AND HOURS IN TERMS OF THE PUBLIC AMENITIES BY-LAW
RESOLVED
That no areas and hours be designated to consume alcohol in terms of the Public Amenities By-law. 9 Councillors (DA) voted for the above mentioned resolution; 8 Councillors (7 ANC and 1 Independent) voted against the above resolution; Cllr van Aswegen abstained from voting; Cllr Hart was not present during the voting.
11. CONSIDERATION OF MOTIONS - DEMOLISHING OF SHACKS AT
MASIFUNDE
RESOLVED [a] That a task team be appointed, consisting of:
The Executive Mayor
The Municipal Manager
The Manager: Housing
Cllr van Aswegen
Cllr Jantjies;
[b] That the task team meets urgently with the residents of Concordia to resolve the issue of the demolition of shacks by the SAPS, in terms of the relevant court order.
12. CONSIDERATION OF QUESTIONS None 13. CONSIDERATION OF MOTIONS OF EXIGENCY See In Committee Minutes 14. ADJOURNMENT
The Speaker thanked everyone and the meeting concluded at 20:00.
-oOo-
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7.2 IN COMMITTEE MINUTES: 10 DECEMBER 2015
RECOMMENDATION OF THE MUNICIPAL MANAGER
That the in committee Minutes of the Municipal Council Meeting held on 10 December
2015, be approved.
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7.3 SPECIAL MUNICIPAL COUNCIL MEETING: 12 JANUARY 2016
RECOMMENDATION OF THE MUNICIPAL MANAGER
That the minutes of the Special Council meeting held on 12 January 2016, be approved.
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KNYSNA LOCAL MUNICIPALITY
OF A SPECIAL MEETING
OF THE
MUNICIPAL COUNCIL OF KNYSNA MUNICIPALITY
WHICH WAS HELD ON
Tuesday, 12 January 2016
At 09:00
In the Municipal Council Chamber
COUNCILLORS IN ATTENDANCE Speaker, Cllr Bouw-Spies, E R J [DA] Executive Mayor, Cllr Wolmarans, G [DA] Deputy Executive Mayor, Cllr Edge, ED [DA] Cllr Barrell, R [DA] Cllr Dyantyi, M [ANC] [from 09:05] Cllr Gombo, M T E [ANC] Cllr Grootboom, IWJ [DA] Cllr Hart, LM [DA] Cllr Lizwani, M [ANC] Cllr Litoli, W [ANC] Cllr Myers, P [DA] Cllr Nayler, T [DA] Cllr Nkam, PP [ANC] Cllr Tyokolo, B [DA] Cllr Van Aswegen, EO [COPE] Cllr Willemse, M [DA] Cllr Witbooi, CK [ANC] OFFICIALS IN ATTENDANCE
Easton, G Municipal Manager Ellman, B Director: Corporate Services Maughan-Brown, M Director: Planning and Development Gobrie, P Director: Financial Services Langlands, S Acting Director: Community Services Paulsen, M Manager: Legal Services Mattheus, C Manager: Administration Lakay, J Head: Council, Committee & Council Support Fandese, N Committee Officer
M I N U T E S
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Kalawe, C Communications Officer Botha, M Legal Services: Intern AUDIT COMMITTEE As per attendance register. PUBLIC MEMBERS As per attendance register. 1. OPENING AND WELCOMING
The Speaker welcomed Councillors, officials, and other guests to the meeting and wished all a prosperous 2016. .
2. SILENT PRAYER
The Speaker allowed a minute for silent prayer and personal reflection. 3. ATTENDANCE OF MEMBERS COUNCILLOR ABSENT WITH LEAVE
Cllr Jantjies, N [Independent] COUNCILLOR ABSENT WITHOUT LEAVE Cllr De Vries, S [ANC]
4. NOTING OF THE PROVISIONS OF CODE OF CONDUCT FOR COUNCILLORS
The Code of Conduct for Councillors was noted.
5. DISCLOSURE OF INTEREST
None.
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SC01/01/16 AMENDMENT OF THE SECTION 12 NOTICE OF KNYSNA MUNICIPALITY (WC 048) IN TERMS OF THE LOCAL GOVERNMENT: MUNICIPAL STRUCTURES ACT, 1998
RESOLVED
[a] That the report on the Amendment of the Section 12 Notice of Knysna Municipality (WC 048) in terms of the Local Government: Municipal Structures Act, 1998, be noted;
[b] That the letter, with attachments, received from the Minister of Local Government, Environmental Affairs and Developments Planning, Western Cape Government, dated 23 December 2015, regarding the amendments of the Section 12 Notice, be noted;
[c] That the Western Cape Ministry of Local Government, Environmental Affairs and Development Planning be informed that the Knysna Municipal Council support and approve the Knysna Municipality (WC 048) Establishment Sixth Amendment Notice submitted on 23 December 2015.
APPENDIX / ADDENDUM Letter and Notice dated 23 December 2015 File number: 9/1/2/9 Execution: Municipal Manager
Director: Corporate Services Manager: Administration
SC02/01/16 REMUNERATION OF PUBLIC OFFICE BEARERS ACT, 1998: DETERMINATION OF UPPER LIMITS OF SALARIES, ALLOWANCES AND BENEFITS OF DIFFERENT MEMBERS OF MUNICIPAL COUNCILS
RESOLVED
[a] That the Grade of the Knysna Local Municipality be determined, in
terms of the Government Gazette No. 39548 dated 21 December 2015, as follows:
Total Municipal Income R526,665,886 33.33 Points(AFS) Total Population 68 659 16.67 Points (Census 2011) Total Points 50
Thus a Grade 3.
[b] That the remuneration of the members of the Knysna Local
Municipality‟s Municipal Council be determined, in terms of the Government Gazette No. 39548 dated 21 December 2015, at the upper limit of a Grade 3 from 1st of July 2015, subject to below;
Full Time Councillors
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Executive Mayor R758 012 Deputy Executive Mayor R606 410 Speaker R606 410 Other Members of MayCo R568 510
Part Time Councillors
Chairperson of MPAC (section 79) R293 217
Other Part Time Councillors R228 481
[c] That the member of the Executive Council responsible for local
government in the Western Cape Province, Honourable Minister Anton Bredell, be petitioned to seek his concurrence of the determination of the remuneration of members of the Knysna Local Municipality‟s Municipal Council, as mentioned in [b];
[d] That all members of the Municipal Council be paid a cellphone
allowance, from 1 July 2015 of R1739 per month;
[e] That the Municipal Manager makes provision for Capacity Building of Councillors as mentioned in clause 15 of Government Notice No.R.1271 dated 21 December 2015;
[f] That the Municipal Manager be hereby mandated to complete the
required certificates for submission to the MEC. APPENDIX / ADDENDUM Relevant Annexures File number: 3/2/3 Execution: Municipal Manager
Director: Corporate Services
7. CLOSURE The Speaker thanked everyone present at the meeting and the meeting concluded at 09:15.
-oOo-
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8. STATEMENT AND COMMUNITION OF THE SPEAKER:
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9. STATEMENTS AND COMMUNICATIONS BY THE EXECUTIVE MAYOR
REPORT FROM THE OFFICE OF THE EXECUTIVE MAYOR PURPOSE OF THE REPORT FUNCTIONS, MEETINGS & WORKSHOPS ATTENDED BY THE EXECUTIVE MAYOR: 1 December 2015 - 18 January 2016 A full report is available at the Mayor‟s Office on request should you require any additional information. BACKGROUND 01 December 2015 Attended HIV/AIDS Awareness Campaign - Hornlee Play
Park in Calender Street 02 December 2015 Attended the Knysna Municipal Youth Summit held at
Knysna Senior Secondary School Hall Attended the Santa Shoe Box handover together with SAPS at Bitou Round Table creché.
07 December 2015 Opened the Municipal CFO Lekgotla held at Simola Hotel Country Club and Spa
15 December 2015 Hosted the Grant In Aid cheque handover ceremony Hosted the Switching on of the Christmas Lights ceremony held at Woodmill Lane
11 January 2016 Visited schools in the Greater Knysna Area 13 January 2016 Visited Bitou Round Table Creché in Hornlee
Attended the Correctional Service's back to school event at Brackenhill Primary School
18 January 2016 Attended the CX Caring Angel's Feeding day held at Shekinah Strongtower Ministries - Fontein Street Hornlee
FINANCIAL IMPLICATIONS N/A
RECOMMENDATION OF THE EXECUTIVE MAYOR That the Report and Communications by the Executive Mayor, be noted. APPENDIX / ADDENDUM N/A File Number: 9/1/1/1 Execution: Executive Mayor
9.1 REPORT FROM THE EXECUTIVE MAYOR
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10. MUNICIPAL PUBLIC ACCOUNTS COMMITTEE:
REPORT OF THE MUNICIPAL MANAGER The meeting schedule for MPAC has been amended, as follows: Former date New date Thursday, 16 February 2016 at 10:00 Friday, 17 February 2016 at 09:00 Thursday, 3 March 2016 at 10:00 Wednesday, 2 March 2016 at 09:00 Thursday, 17 March 2016 at 10:00 Friday,18 March 2016 at 09:00 The above changes were a result of the fact that the Audit Committee resolved that MPAC meetings should not be on the same date as Audit Committee meetings.
RECOMMENDATION OF THE MUNICIPAL MANAGER
[a] That the report on the rescheduling of MPAC meetings be noted;
[b] That MPAC meetings be rescheduling to:
Friday, 17 January 2016 at 09:00 Wednesday, 2 March 2016 at 09:00 Friday, 18 March 2016 at 09:00 File Number: 3/3/2/3 Execution: Municipal Manager Director: Financial Services Director: Corporate Services
10.1 RESCHEDULING ON MEETINGS
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11. AUDIT COMMITTEE:
REPORT OF THE MUNICIPAL MANAGER Kindly find attached hereto the Minutes of the Audit Committee Meeting 6/2015/16 held on 3 December 2015.
RECOMMENDATION OF THE MUNICIPAL MANAGER
That the minutes of the Audit Committee meeting 6/2015/16, held on 3 December 2016,
be noted.
File Number: 3/3/3/3/6 Execution: Municipal Manager Director: Financial Services Director: Corporate Services
11.1 MINUTES OF AUDIT COMMITTEE MEETING 6/2015/16 : 3 DECEMBER 2015
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Audit Committee Meeting 6/2015/16
Minutes of the Ordinary Meeting of the
Audit Committee
held on
Thursday, 3 December 2015 at 14:00
in the
Council Chamber
1ST Floor Corporate Municipal Building,
Clyde Street, Knysna
IN ATTENDANCE Members Present: Mr. Metelerkamp, N – Chairman Mr Hennessy, M
Mr. Stoffels, J Mr. Roux, J Member absent with leave: None Member absent without leave: Ms Gungubele, V Officials: Mr Easton, G – Municipal Manager
Mr Ellman, B – Director: Corporate Services Ms Gobrie, P – Director: Financial Services Mr McCartney, W – Manager: Performance, Internal Audit and Risk Management Mr Mattheus, C – Manager: Administration Ms Plaatjies, L – Acting Manager: Information
Technology Ms Jacobs, M – Internal Auditor (EY) Ms Grobler, L – Consultant
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1. WELCOME
The Chairperson opened the meeting and welcomed everyone present.
2. ATTENDANCE As per attendance register attached.
3. DECLARATION OF MEMBERS INTEREST
The Audit Committee members declared that they did not have any interest in any matter on the Agenda.
4. MINUTES OF THE PREVIOUS MEETINGS: 22 OCTOBER 2015 AND 6
NOVEMBER 2015
RESOLVED
[a] That the minutes of the Audit Committee meeting held on 22 October 2015 (4/2015/16), be approved subject to the following amendments 2015 and 29 September 2015 be approved with amendments:
(i) Point 5, second paragraph, the word “dated” should read “date”;
(ii) Point 6.2.1, that “was” be inserted between “report” and “received”
Proposer: Member Stoffels Seconder: Member Hennesy
[b] That the minutes of the Audit Committee meeting held on 6 November
2015 (5/2015/16), be approved subject to the following amendments:
(i) Attendance of officials, the surnames “Jaftha” replace “Jarhta” and “Jacobs” replace “Jobas”;
(ii) That “ Ms Grobler, L – Consultant” be added to the attendance section;
(iii) That “Nyaki” be replaced with “Rhode” in resolution [c] of item
SA03/11/15;
(iv) That “12:16” be replaced with “14:00” in point 13, Date of Next meeting.
Proposer: Member Roux Seconder: Member Hennessy
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5. MATTERS ARISING FROM THE MINUTES
5.1 Item SA03/11/15 – Resolution [c]
The Municipal Manager and Internal Auditor, gave a verbal report regarding the matter of Mr Rhode and his involvement in the Supply Chain process.
6. STANDING ITEMS
6.1 FINANCIAL MATTERS
6.1.1 A01/12/15 FINANCIAL REPORT: MONTHLY BUDGET
STATEMENT: SEPTEMBER 2015
RESOLVED
That the Monthly Budget Statement and supporting documentation for September 2015, and other documents handed out for October 2015, be noted.
6.2 AUDIT MATTERS
6.2.1 Internal Audit
6.2.1.1 A02/12/15 – Internal Audit - Status of work and Executive summaries of Internal Audit Reports and deliverables issued as at 23 November 2015
RESOLVED
That the Internal Audit – Status of work and Executive Summaries of Internal Audit Reports and Deliverables report issued by EY, dated 3 December 2015, be noted.
6.2.1.2 A03/12/15 – Knysna Municipality Draft Internal Audit
Plan 2015/16
RESOLVED
That the Draft Internal Audit Plan 2015/16, submitted by EY, be noted.
6.2.1.3 A04/12/15 – Knysna Municipality Internal Audit Quality Assurance and Improvement Program (QAIP) November 2015
RESOLVED
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That the Internal Audit Quality Assurance and Improvement Program (QAIP) dated November 2015, be noted.
6.2.2 External Audit
No report was received. 6.2 PERFOMANCE MATTERS
6.3.1 A05/12/16 OPCAR
RESOLVED
That OPCAR be submitted to the next Audit Committee meeting.
6.4 RISK MANAGEMENT MATTERS 6.4.1 A06/12/15 Risk Committee Minutes
RESOLVED
That the minutes of the Risk Committee be submitted to the next Audit Committee meeting.
6.4.2 A07/12/15 Litigating Report
RESOLVED
That the monthly report for Legal Services for 9 September 2015 – 21 October 2015, received from the Director: Corporate Services (Legal Services), be noted.
6.5 IT MATTERS
6.5.1 A08/12/15 – IT Steering Committee Minutes
RESOLVED
[a] That the IT Steering Committee minutes, held 12 November 2015 submitted at the meeting, be noted;
[b] That the ICT Steering Committee Charter dated 20 October 2015
submitted at the meeting, be noted.
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7. NEW ITEMS
7.1 A09/12/15 MFMA Circular 76 dated 19 October 2015: Municipal Regulations on Financial Misconduct Procedures and Criminal Proceedings
RESOLVED
[a] That the contents of MFMA Circular no 76 regarding the Municipal
Regulations and Financial Misconduct Procedures and Criminal Procedures, dated 19 October 2015, be noted;
[b] That the Municipal Regulations on Misconduct Procedures and
Criminal Proceedings, promulgated in Government Gazette no 37699, per Government notice R430, on 30 May 2014, be noted.
7.2 A10/12/15 Report of the Auditor General
RESOLVED
That the report of the Auditor General on the 2014/15 Annual Financial Statements and their Management letter, be noted.
7.3 A11/12/15 Annual Financial Statements – 30 June 2015
RESOLVED
That the Annual Financial Statements as at 30 June 2105, be noted.
8. GENERAL 8.1 A12/12/15 Councillors in Arrears
RESOLVED
That the verbal report on Councillors in arrears, be noted.
8.2 A13/12/15 Report on progress with compliance to the Municipal
Minimum Competency Regulations
RESOLVED
[a] That the report on the progress with compliance to the Municipal Minimum Competency Regulations, be noted;
[b] That the steps taken by the Municipal Council to ensure
compliance with the Regulations, be noted.
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8.3 A14/12/15 Newspaper Article on incorrect rates.
RESOLVED
That the verbal report of the Municipal Manager, namely that he contacted the newspaper (Beeld) and indicated that the information published is a misrepresentation, be noted.
8.4 A15/12/15 Audit Committee Champion
RESOLVED
That the Municipal Manager submit a report to the next meeting regarding an Audit Committee Champion
9. DATE OF NEXT MEETING
RESOLVED
That it be noted that the next meeting is scheduled for Tuesday, 21 January 2016 at 14:00.
10. CLOSURE
The meeting terminated at 16:23.
-oOo-
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12. MATTERS SUBMITTED BY THE MUNICIPAL MANAGER 12.1
REPORT FROM THE DIRECTOR CORPORATE SERVICES PURPOSE OF THE REPORT To table the Draft Annual Report for the Financial Year 2014/2015 in terms of Section 127(2) of the Local Government: Municipal Finance Management Act, 2003 (MFMA). BACKGROUND In terms of Section 127(2) of the MFMA, the Executive Mayor of a municipality must, within seven months after the end of a financial year, table in the Municipal Council the Draft Annual Report of the Municipality. Copies of the Draft Annual Report, on compact Disks, have been circulated to Councillors under separate cover. In terms of Section 129(1) of the MFMA, after tabling of the Draft Annual Report the Municipal Council must consider the report and, by no later than 60 days from the tabling of this Draft Report, adopt an Oversight Report. This implies the Oversight Report, compiled by the Oversight Committee, must be tabled by end of March each year and will be done at the Ordinary Municipal Council Meeting, scheduled for Thursday 24 March 2016. DISCUSSION After the tabling of the draft report to the Municipal Council, further processes related to the adoption of the final Annual Report will commence. Section 127(5) of the MFMA stipulates that immediately after the draft report is tabled in terms of subsection (2), the accounting officer of the municipality must – “[a] in accordance with section 21A of the Municipal Systems Act – (i) make public the annual report; and (ii) Invite the local community to submit representations in connection with the annual report; and [b] submit the annual report to the Auditor-General, the relevant provincial treasury and the provincial department responsible for local government in the province.” The Oversight Committee is effectively the Municipal Public Accounts Committee, who will meet on 19 February and 2 March 2016, to draft the Oversight Report. FINANCIAL IMPLICATIONS N/A RELEVANT LEGISLATION N/A
C01/01/16 TABLING OF THE DRAFT ANNUAL REPORT: 2014/2015 FINANCIAL
YEAR
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RECOMMENDATION OF THE MUNICIPAL MANAGER
[a] That the contents of the report regarding the Draft Annual Report for the
2014/2015 financial year be noted; [b] That in terms of Section 127(2) of the Local Government: Municipal Finance
Management Act, 2003, the submission of the Draft Annual Report for the 2014/2015 financial year; be accepted;
[c] That the Draft Annual Report for the 2014/2015 financial year be submitted to the
Municipal Public Accounts Committee for consideration and the preparation of an Oversight Report in terms of Section 129 of the Local Government: Municipal Finance Management Act, 2003, which is to be considered by the Municipal Council on Thursday, 24 March 2016;
[d] That the Municipal Manager be requested to make public the Draft Annual Report
as stipulated in Section 127(5)(2)(a) of the Local Government: Municipal Finance Management Act, 2003;
[e] That the Municipal Manager be requested to submit the Draft Annual Report to the
relevant authorities as stipulated in Section 175(5)(2)(b) of the Local Government: Municipal Finance Management Act, 2003.
File Number: 9/1/2/9 Execution: Director: Corporate Services Manager: Administration APPENDIX / ADDENDUM Circulated separately on a disc
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12.2
REPORT FROM THE DIRECTOR CORPORATE SERVI ES PURPOSE OF THE REPORT To report to Council on the review of the Roads & Traffic By-law, 2015. BACKGROUND It was proposed, taking into consideration the purpose of the by-law, that all references to “public place(s)” in the by-law be removed so as to ensure that the by-law deals with “streets” only. The by-law was open for public inspection until 31 December 2015. The public was given an opportunity to make comments and or representations on the proposed amendments to the by-law. Attached as Annexures “A” –“D” are the comments received on the proposed amendments to the by-law. Annexure “A” is the comments received from Ms. Conyers dated 15 December 2015. The comments consists of an objection against the deletion of “public place” from section 23(k) of the Roads & Traffic by-law. Section 23(k) states that “No person may in a street or public place use intoxicating liquor or drugs” Regarding above, section 6 of the Public Amenities By-law, 2014, makes provision for the prohibition of alcohol on consent thereto or has designated an area where alcohol is permitted. The deletion of “public place” from section 23(k) can therefor go ahead as the matter is dealt with in section 6 of the Public Amenities by-law. With regard to the comments received from Mr Gould in Annexure “B”, it has to be noted that the public has to in terms of Rule 47 of the Rules of Order for Internal Arrangement by-law 2015, comment on the proposed amendments to by-laws. When the Legal Services Department will be reviewing the Public Amenities by-law the concerns raised by Mr Gould and the Leisure Isle Residents Association as contained in Annexures “C” and “D” will be considered. It should be noted that during the review of the by-law, the Legal Services department did a crosscheck and compared the Roads & Traffic by-law to the Public Amenities- and Prevention of Public Nuisances By-laws. The following are provisions in the Road & Traffic by-law, which are not provided for in the Public Amenities- or Prevention of Public Nuisances by-law: 1. Section 3 – No person may construct a verandah, stoep, steps or other projection
or erect a post in a street or public place. 2. Section 5 – No person may deposit or leave any goods or articles in a street or
public place other than for a reasonable period during the course of the loading or off loading or removal thereof.
3. Section 7 – Trees/growth causing interference with overhead wires or which is a source of danger for persons using a street or public place.
4. Section 11 – No person may carry through street or public place animal carcasses subject to certain conditions.
5. Section 12 – No person may bore stones, bricks or mix building materials or place building materials in a street or public place.
C02/01/16 REPORT ON THE REVIEW OF THE ROADS AND TRAFFIC BY-LAW
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6. Section 13 – No person may use a balcony/verandah erected beyond the boundary line of a street or public place for trading or storage of goods.
7. Section 14 – No person may outspan a vehicle drawn by animals in any street or public place, or leave in a street or public place any trailer, caravan or vehicle.
8. Section 15 – No person may drive, push, roll, pull or propel any object, machine or material through a street or public place in such a way that the surface is damaged.
9. Section 18 – No person may undertake any work in a street or public place. 10. Section 21 – No person may skate on roller-skates or a skate-board in a street or
public place. 11. Section 23 – No person may in a street and public place, solicit any person for
prostitution or engage in gambling. 12. Section 26 – No crossing/pathway/bridge may be built in any street or public
place. 13. Section 27 – No person may set up or use in any street or public place, any circus
or device for amusement or recreation. 14. Section 28 – No person may drive more than one animal-drawn vehicle in a street
or public place. 15. Section 31 – No person may close or barricade any street or public place. 16. Section 32 – The municipality may construct, alter, and maintain streets and
public places. 17. Section 35 – The Municipality may permit encroachment in or over any street or
public place. The department is of the view that with regard to provisions such as prostitution, carcasses and building on public open space, the municipality is sufficiently covered by its vested ownership of public space and other applicable legislation, for example, the Health Inspectorate on the conveyance of carcasses, the National Building Regulations and Standards Act in relation to building control and national legislation regarding prostitution.
Accordingly, above-mentioned comments received on the review of the Roads & Traffic by-law does not necessitate further amendments to the by-law. It is therefore recommended that the proposed Roads & Traffic by-law be approved and consequently be promulgated in the Government Gazette. DISCUSSION N/A FINANCIAL IMPLICATIONS Cost of publication RELEVANT LEGISLATION Section 14 of Municipal Systems Act 32 of 2000
RECOMMENDATION OF THE MUNICIPAL MANAGER
[a] That the report on the review of the Roads and Traffic by-law be noted; [b] That the comments attached as annexures “A” - “D” be noted;
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[c] That the Municipal Manager instructs the Legal Services department to consider the comments made and where necessary amend the Public Amenities by-law;
[d] That the proposed Roads & Traffic by-law attached as Annexure “E” be approved
and promulgated in the Government Gazette. APPENDIX / ADDENDUM Annexure “A” - Comment received from Ms. Conyers dated 15 December 2015. Annexure “B” - Comment received from Mr Gould dated 15 December 2015. Annexure “C” – Notice of objection from Mr Gould dated 18 January 2016. Annexure “D” – Notice of objection from Leisure Island Residents Association dated 18 January 2016. Annexure “E” - Amended Roads & Traffic by-law. File Number: 9/1/2/5 Execution: Director: Corporate Services Manager: Legal Services
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12.3
PURPOSE OF REPORT To amend the system of delegations applicable to Town Planning applications in line with the introduction of the new Knysna Municipal Land Use Planning By-law. BACKGROUND Knysna Municipality received Circular: EADP 0011/2015 from the Department of Environmental Affairs and Development Planning (refer to a copy as ANNEXURE “A”) that highlights the following requirements for the implementation of the Land Use Planning Act (LUPA) and the repeal of the Land Use Planning Ordinance (LUPO) within the Knysna Municipal Area: (i) Knysna Municipality has adopted and gazetted its Bylaw on Municipal Land Use
Planning; (ii) Knysna Municipality is at an advanced stage in establishing its Municipal Planning
Tribunal (MPT); (iii) Knysna Municipality has Council approved the appointment of an Authorised
Official(s) and adopted its categorisation of land use management applications; (iv) Knysna Municipality has a Council adopted tariff structure in place for receiving
land use management applications in terms of the new legislation. At a Council meeting held on 29 May 2015 it was resolved in accordance with Resolution P09/05/15 that: “(a) That Council takes note of the anticipated implementation date of SPLUMA, being
1 July 2015; (b) That the establishment of a Joint Municipal Planning Tribunal be supported in
principle; (c) That authority be delegated to the Municipal Manager to negotiate and
conclude on behalf of Council with other participating Local Municipalities an agreement regarding the establishment of the Joint Municipal Tribunal;
(d) That a report be submitted to Council by the Municipal Manager on the
outcome of the negotiations with participating Local Municipalities in establishing a Joint Municipal Planning Tribunal in terms of the Spatial Planning Land Use Management Act (Act No. 16 of 2013);
(e) That authority be delegated to the Municipal Manager to carry out all required
procedures, in conjunction with the Municipal Managers of the other participating municipalities to identify members for appointment to the Joint Municipal tribunal and to agree terms of appointment with them; and that the Municipal Manager be
C03/01/16 AMENDEMENT OF THE SYSTEM OF DELEGATIONS TO
ACCOMMODATE THE NEW PLANNING SYSTEM UNDER SPLUMA
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instructed to bring an item to Council at its meeting in July 2015 for the appointment of the Tribunal members;
(f) That authority is delegated to the Municipal Manager to determine the
categorisation of land development applications, in line with the principles set out in this report;
(g) That authority to delegated to the Municipal Manager to appoint an Authorised
Official or more than one Authorised Official from among the staff currently in the full time employment of the municipality, and to designate full time members of staff of the municipality to carry out any other functions prescribed by the Act or the relevant Regulations;
(h) That the Legal Services section submit a clarification report, on the delegations to
the Executive Mayor regarding the appeals and also on the role of the Section 80 Committee as Advisory Body to the Executive Mayor, to the next Planning, Development and Infrastructure Committee meeting to be held in June 2015.”
DISCUSSION
1. Amendments to the Current System of Delegations The Delegation Register was approved at a Special Council meeting that was held on 22 June 2015. In order to ensure the effective and efficient implementation of the Spatial Planning and Land Use Management Act (SPLUMA), the Western Cape Land Use Planning Act (LUPA) and the new Knysna Municipal Land Use Planning By-law the current system of delegations of Council needs to be amended in order to authorize the following role players to give effect to the new planning system:
The Executive Mayor (Appeals Authority);
The Municipal Manager;
The Director: Planning & Development;
The Director: Technical Services;
The Director: Corporate Services:
The Manager: Legal Services;
The Manager: Town Planning & Building Control (designated official);
The Senior Town Planner (designated official);
The Municipal Planning Tribunal.
The municipality must therefore also review the existing delegations or formulate new delegations to authorise the authorised officials, the Municipal Planning Tribunal, the Appeals Authority and other functionaries to exercise the powers contemplated in SPLUMA and the other planning laws, regulations and by-laws. The proposed amendments to the current System of Delegations to accommodate Town Planning matters in accordance with the legislation under the new planning dispensation are attached as ANNEXURE “B” to this report.
2. Appointment of authorised officials
Notwithstanding the mandatory establishment of a Municipal Planning Tribunal, the municipality may also, in terms of Section 35(2) of SPLUMA, authorise that certain types
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of land use and land development applications be considered and determined by an official in the employ of the municipality. The types of land use and land development applications are determined by the categorisation of applications as will be discussed below. This provision is similar to the current system of delegations where qualified types of applications may be decided on by the Deputy Director Planning. Such delegation ensures that applications of a non-complex nature are decided on without undue time delays. In order to ensure proactive service delivery, the Municipal Manager as per delegated authority has appointed the Manager: Town Planning & Building Control and the Senior Town Planner as designated Authorized Officials which hold the necessary planning qualification and associated registration with the South African Council for Planners (SACPLAN). Kindly note that in terms of Section 66(1) of the Western Cape Land Use Planning Act (Act No. 103 of 2014) required that registered planners conduct assessments of applications.
3. Categorisation of land use and land development applications
For the purpose of appointing authorised officials the types of development applications should be categorized in terms of Section 35(3) of SPLUMA to determine which types of applications will be considered by the Authorised Official and the Municipal Planning Tribunal (MPT) respectively. This categorisation of land use and land development applications is not to be confused with the “delegation” of functions. The categorisation only serves a framework of land use and land development applications and does not include the detailed administrative actions associated with delegations. The categorisation of applications is a prerogative of the Council and once decided upon can always be amended with a Council decision if circumstances change or if is found that amendments to the categorisation will result in improved service delivery. Such decision to amend the categories may affect the MPT and its instructions and terms of reference as well – so any decision on amendment of previously approved categorisation will have to take the MPT into account as well. The principles proposed for the categorisation model makes provision that the Authorised Official will only decide on the category of applications which are within the scope of existing approved by-laws, policies and plans, and where there are no valid objections. Such categorisation will ensure objectivity and credibility. A schedule with such categorisation principles and proposed categorisation of applications is attached as ANNEXURE “C”. Determination of the appeal authority in terms of Section 51 of SPLUMA In terms of Section 51(2) of SPLUMA the Executive Authority of a municipality, i.e. the Executive Mayor in the case of Knysna Municipality, is the Appeal Authority for decisions taken by the MPT or Authorised Official.
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In terms of Section 56 (SPLUMA) and Section 20(d) (SPLUMA Regulations) such power to decide on Appeals may be delegated to another political office holder, an external body (including a body as part of a joint MPT agreement) or an official (or body of officials) in the employ of the municipality. It should be noted that an opinion is held by the Western Cape Government that an independent body or institution outside of a municipal context as an appeal authority is regarded as unconstitutional. In terms of Section 39 of SPLUMA the Appeal Authority may co-opt, appoint or employ the services of technical or other advisors to assist with the performance of its duties. The 2015 SPLUMA Regulations (Section 11(2)) determines that such technical and other advisors must be a person with knowledge and experience specific to land development and land use applications and who is registered with such relevant professional body or voluntary association. The Town Planning Department will also assist the Appeal Authority with a technical evaluation and corresponding recommendation on the Appeal lodged. Relevant Legislation
Spatial Planning and Land Use Management Act, 2013 (Act 16 of 2013) and Regulations of 2015;
Western Cape Land Use Planning Act (Act No 3 of 2014) and Regulations of 2015;
Draft Knysna Municipality By-Law on Municipal Land Use Planning.
RECOMMENDATION OF THE MUNICIPAL MANAGER
[a] That the System of Delegations as approved on 22 June 2012 be amended in accordance with the schedule attached as Annexure “A” to this report;
[b] That the appointment of the Manager: Town Planning & Building Control
and Senior Town Planner as Authorised Officials by the Municipal Manager in terms of Section 35(2) of the Spatial Planning and Land Use Management Act, 2013 (Act 16 of 2013) be noted;
[c] That the categorization of applications by the Municipal Manager in terms
of Section 35(3) of the Spatial Planning and Land Use Management Act, 2013 (Act 16 of 2013) be noted;
[d] That it be noted that the System of Delegations will come into operation
once the Western Cape Land Use Planning Act (Act No 3 of 2014) is implemented within the Knysna Municipal Area.
ANNEXURE “A”: Circular: EADP 0011/2015 from the Department of Environmental Affairs and Development Planning ANNEXURE “B”: System of Delegations to accommodate Town Planning matters in terms of the Knysna Municipal Land Use Planning By-law under SPLUMA
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ANNEXURE “C”: Schedule with such categorisation principles and proposed categorisation of applications File Number: 2/3/2 Execution: Director: Planning and Development
Manager: Planning and Building
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12.4
REPORT FROM THE DIRECTOR PLANNING AND DEVELOPMENT
PURPOSE OF THE REPORT
To report to Council on the Community Consultation process for the Integrated Strategic Development Framework. BACKGROUND
At its meeting in December Council instructed that a full report on the consultation process already undertaken and still to be undertaken was to be presented to Council. DISCUSSION
The report on the Consultation Process already undertaken is attached as Annexure A. There are two elements of the future consultation that is required. Firstly there is a statutory consultation process that is required in respect of the Spatial Development Framework in particular, but also of the Integrated Human Settlement Strategy, and the Economic Development Strategy. This process requires that the draft documents be advertised for public comment, that public comments be received in writing and that a report on public comments and recommended responses to them be put before Council. Secondly, there is a process required to ensure that all residents of the municipal area buy into the whole process and feel that their inputs have been taken seriously and are, to the extend practical, reflected in the strategy. Strictly speaking the appointed consultants are responsible, in terms of the original appointment, for the statutory process. The second process, which has more to do with achieving buy-in to the plan is a public relations exercise that is not part of the consultants' appointment. However, for the two processes both to work effectively they need to be combined into a coordinated exercise so that the public relations process ensures that relevant comments are received from the widest range of stakeholders to ensure that the final documents are responsive, thereby ensuring the best possible plan and the greatest level of buy-in. In view of the fact that the project has been extended by as much as two years as the result of delays, some of which were not within the control of the consultants, and of the fact that the scope of the work has expanded in order to ensure a sufficient level of consideration of infrastructural issues, the consultants have requested an extension of their contract within the permitted financial framework.
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There is budget available for this purpose in view of the fact that the Department of Human Settlements has agreed to fully fund the Hornlee Densification Pilot Project. Consequently the proposed way forward is as follows:
1) The full suite of ISDF Reports will be presented to the next round of Section 80 Committees with the intention that Council should adopt the report for formal public participation.
2) Once Council has adopted the reports the reports will be advertised and the
Communications Department, making use of the consultants appointed under their budget will facilitate a broader set of public participation interactions, in consultation with Knysna Creative Heads, in order to encourage effective responses.
3) Knysna Creative Heads will amend the reports as necessary and produce a
"Comments and Responses Document" that will be submitted to Council, documenting any proposed changes to the reports and providing a response to all comments.
4) If Council is satisfied with the Comments and Responses report it will approve the documents as amended.
FINANCIAL IMPLICATIONS R250 000 to be made available from Planning and Development Project Budget for contract extension RELEVANT LEGISLATION Municipal Systems Act Promotion of Administrative Justice Act Spatial Planning and Land Use Management Act Land Use Planning Act National Environmental Management Act Housing Act
RECOMMENDATION OF THE MUNICIPAL MANAGER
[a] That Council notes the draft ISDF Community Interaction Report; [b] That Council notes the proposed way forward. APPENDIX / ADDENDUM
Annexure A: Draft ISDF Community Interaction report File Number: 15/2/6/1/7 Execution: Planning and Development
Manager: Planning and Building
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ORDINARY COUNCIL MEETING AGENDA
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12.5
REPORT FROM THE DIRECTOR : CORPORATE SERVICES[LEGAL SERVICES]
PURPOSE OF THE REPORT To recommend to Council an amendment to Council`s delegation register. BACKGROUND At an Ordinary Council meeting held on the 22nd of June 2012, Council adopted the current system of delegations. Section 59(1) of the Municipal Systems Act provides as follows: A municipal council must develop a system of delegation that will maximize administrative and operational efficiency and provide for adequate checks and balances, and, in accordance with that system may-
a) Delegate appropriate powers, excluding a power mentioned in Section 160(2) of the Constitution and the power to set tariffs, to decide to enter into a service delivery agreement in terms of Section 76(b) and to approve or amend the municipality`s IDP, to any of the municipality`s other political structures, political office bearers, councillors or staff members.
b) Instruct any such political structure, political office bearer, councillor or staff member to perform any of the municipality`s duties; and
c) Withdraw any delegation or instruction. The current system of delegation only sees delegation of Council powers to the administration and the majority of both administrative and operational matter still need to be referred to Council for a decision. This current practice is not conducive to an organization that is both efficient and economic when it comes to the administration and operations. At present neither the Mayoral committee nor the Section 80 Committees have any decision making power and merely refer matters to Council, which are very often referred back to the Section 80 Committee for further debate and discussion without the matter being resolved. For a matter to be resolved and the administration ultimately being able to implement same takes a minimum of two months in some instances it can take up to four months for a matter to be resolved. It is evident that the current system of delegations do not maximize administrative and operational efficiency. During the Council meeting held on the 10th of December 2015, Council resolved to refer the matter for debate to a Special Governance meeting in January 2016. At that meeting Cllr Ray Barrell indicated that he had a few proposed amendments and it was agreed that he would submit same to the Manager: Legal Services. We have received the comments from Cllr Barrel and incorporated same into the document attached hereto. Further amendment to the by-law will be required on adoption of the categorization and delegations, insofar as it relates to land use planning matters.
C05/01/16 ADOPTION OF AMENDED DELEGATIONS REGISTER
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FINANCIAL IMPLICATIONS N/A RELEVANT LEGISLATION
Municipal Systems Act (32 of 2000)
RECOMMENDATION FROM THE MUNICIPAL MANAGER [a] That the Delegation Register attached as annexure A as amended be submitted
to the Council meeting to be held on the 28 January 2016; [b] That the delegation register be further amended to incorporate the approved and
adopted categorization and delegation of powers relating to land use planning matters.
[c] That the delegation register be further amended to incorporate the approved and
adopted categorization and delegation of powers relating to Municipal Public Accounts Committee.
APPENDIX / ADDENDUM Delegation Register will be circulated separately. File Number : 13/R Execution : Director : Corporate Services Manager : Legal Services
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12.6
REPORT FROM THE DIRECTOR: CORPORATE SERVICES PURPOSE OF THE REPORT To request Council to approve the Standard Operating Procedure for Councillor Capacity Building and Training. BACKGROUND During a workshop for Councillors held on the 20th of October 2015, it was resolved that a Standard Operating procedure be developed by the administration to give effect to the provision made in the Upper Limits for salaries of Councillors, insofar as it relates to Councillor Capacity Building and Training. Clause 16 of the Upper Limit Notice provides for Councillor Capacity Building initiatives directed at Councillors. The Standard Operating Procedure sets out the procedures to be undertaken in order to identify Councillor capacity and training needs and suitable capacity building and training courses to address those needs. FINANCIAL IMPLICATIONS N/A RELEVANT LEGISLATION Government Notice no: R234 – Upper limits of salaries and benefits for members of a Municipal Council.
RECOMMENDATION OF THE MUNICIPAL MANAGER That the Standard Operating Procedure for Councillor Capacity Building and Training be approved and adopted. APPENDIX / ADDENDUM Standard Operating Procedure for Councillor Capacity Building and Training
File Number: 4/4/2/1 Execution: Director: Corporate Services
C06/01/16 ADOPTION OF STANDARD OPERATING PROCEDURE FOR
COUNCILLOR CAPACITY BUILDING AND TRAINING
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KNYSNA MUNICIPALITY COUNCILLOR CAPACITY BUILDING AND TRAINING
1. Purpose The purpose of this policy is to outline the processes associated with the capacity building,training and development of all councillors of Knysna Municipality. 2. Intent of policy The intent of this policy is:
2.1. To promote skills development as a strategic output to ensure that councillors are professional, productive and competent in the execution of their tasks;
2.2. To ensure that councillor skills development ultimately provides effective, efficient and cost effective service delivery;
2.3. To ensure that councillor competencies are continuously improved.
3. Policy objectives The objectives of this policy are to ensure that:
3.1. the capacity of councillors to render and drive the rendering of service delivery is promoted;
3.2. an integrated strategic approach is adopted in addressing the capacity building, training and development needs of councillors;
3.3. areas of skills shortages amongst councillors is addressed, to promote good governance;
4. Capacity Building, Training and Development (CTD) principles The speaker of the council will promote the following principles in order to achieve the objectives of this policy:
4.1. the attainment of stakeholder support for the objectives referred to in paragraph 3;
4.2. the alignment of CTD interventions to the strategic objectives of the municipality;
4.3. the alignment of the council's CTD with the applicable legislative framework;
4.4. the need for an integrated CTD process;
4.5. improved performance and service delivery.
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5. Processes The following processes relative to the satisfaction of the capacity building, training and development needs of councillors in terms of this policy should be followed by the speaker:
5.1. the speaker must undertake an assessment of the competencies of councillors by means of a potential evaluation, actual work performance and training needs analysis;
5.2. the speaker should conduct a skills audit annually to inform, amongst others, the CTD budget of the municipality;
5.3. the speaker must submit an annual report to the council on identified skills
development areas of councillors;
5.4. the speaker must promote specific development interventions, including but not limited to:
the attendance by councillors of goal-orientated training courses;
the participation of councillors in learnerships, mentorships and career counselling sessions specifically aimed at local government;
5.5. the speaker must submit for council approval, a strategic plan relating to
councillors‟ development in order to enable councillors to adequately and efficiently perform their assigned duties and promote service delivery;
5.6. the strategic plan referred to in paragraph 5,5 shall also deal with the role of the councillor in ensuring adequate public participation as required by chapter 4 of the Municipal Systems Act No. 32 of 2000.
5.7. Internal Training Courses Subject to budgetary provision, the speaker will provide or make arrangements for the provision of in-house training courses and/or develop and or purchase new training courses, subject to the following principles:
councillors should have ongoing and equitable access to training in order to equip them with the necessary and relevant skills and knowledge;
training should support/enhance work performance;
training should be needs driven.
5.8. External Training Courses External courses include congresses, symposia, seminars, conferences, workshops, lectures and may be approved subject to budgetary provisions.
6. Effective date of the standard operating procedure This SOP shall take effect on the date of approval thereof by resolution of the council.
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11. Consideration of Motions
12. Consideration of Questions
13. Consideration of Motions of Exigency
14. Adjournment
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