financial implications - swellenmun.co.za 10... · web viewi concur with the recommendation as...

ORDINARY COUNCIL MEETING MINUTES

MINUTES OF THE ORDINARY COUNCIL MEETING HELD ON FRIDAY, 28 OCTOBER 2016 AT 10:00 IN THE COUNCIL CHAMBERS, RHENIUS STREET, SWELLENDAM

PLEASE RETAIN THIS DOCUMENT FOR RECORD PURPOSES AS IT WILL NOT BE CIRCULATED AGAIN.Yours sincerely

____________________ _________________

BO SONQWENQWE DATE

SPEAKER

1

INDEX

Item Page

1. OPENING AND WELCOMING 4

2. ELECTION OF CHAIRPERSON, IF NECESSARY 4

3. APPLICATION FOR LEAVE OF ABSENCE 4

4. MOTIONS OF JOY AND SORROW 5

5. SPEECHES AND SUBMISSIONS 6

6. STATEMENTS AND COMMUNICATIONS BY THE SPEAKER

6

7. STATEMENTS AND COMMUNICATIONS BY THE EXECUTVIE MAYOR

7

8. DISCLOSURE OF INTERESTS BY COUNCILLORS

7

9. MATTERS FOR CONSIDERATION 7

9.1 Items submitted by officials of council 8

9.1.1 Item A201 Appointment of Municipal Public Accounts Committee (MPAC) members

9

9.1.2 Item A202 Quarterly report with regards to budget (Section 52 report) and Top Level SDBIP for the first quarter of the 2016/2017 financial year

13

9.1.3 Item A203 Proposal for corporate colours for certain municipal buildings

15

9.1.4 Item A204 Renaming of post title: GIS Technician 18

9.1.5 Item A205 Application for land to develop a truck stop on the N2, Swellendam

20

9.1.6 Item A206 New and revised policies 24

9.1.7 Item A207 Closing of municipal offices for December 2016 27

9.1.8 Item A208 Supply Chain Management monthly report – September 2016

29

9.1.9 Item A209 Supply Chain Management – 1st Quarter report 31

9.1.10 Item A210 Report in terms of the SDBIP – Implementation of council resolutions – Municipal Manager

33

9.1.11 Item A211 Internal Audit: Quarterly report of the audit and performance audit committee for the first quarter ended 30 September 2016 and the minutes of the audit and performance audit committee meeting held on 29 August 2016

35

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9.1.12 Item A212 Report on recess of Council for the months of December 2016 and January 2017

37

9.1.13 Item A213 Designation of a temporary Building Control Officer for Swellendam Municipality

39

9.2 Consideration of matters which require non-disclosure

42

9.3 Consideration of urgent matters 42

9.3.1 Item A214 Amendment of Service Level Agreement – Asla Construction Pty Ltd

43

10. MINUTES OF COMMITTEES AND AD HOC COMMITTEES

45

11. CONFIRMATION OF MINUTES 45

12. MATTERS ARISING OUT OF THE MINUTES 46

13. CONSIDERATION OF MATTERS OF EXIGENCY 46

14. CLOSURE 47

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1. OPENING AND WELCOMING

Rules of Order regulating the conduct of Meetings of the Council of the Municipality of Swellendam (Provincial Gazette 6347 dated 3 March 2006)PART 3: MEETINGS4. Commencement of Meeting

The speaker must take the chair precisely at the time for which the meeting is convened and must proceed immediately with the business of the meeting subject to section 14.

14. Quorum(1) A majority of the members constitutes the quorum.(2) If there is no quorum at the time for which the meeting is scheduled, the speaker must take the chair as soon as

a quorum is present.(3) Whenever there is no quorum, the start of the meeting must be delayed for no longer than 30 minutes and if at

the end of the period, there is no quorum, the speaker must adjourn the meeting to another time, date and venue at his or her discretion and record the names of those members present.

(4) Whenever the speaker is not present and there is no quorum, the municipal manager must act in accordance with the procedure prescribed in terms of subsection 14(3).

(5) Whenever during a meeting there is no quorum, the speaker must suspend the proceedings until a quorum is again present or adjourn the meeting if a longer time has passed than the speaker has allowed and there is still no quorum.

(6) Whenever a meeting is adjourned owing to the absence of a quorum, the speaker must convene a meeting within seven (7) days where the rest of the matters on the agenda must be dealt with.

The Speaker welcomes everbody at 10:00 and requests Cllr. A.M. Pokwas to open the meeting with scripture and prayer.

2. ELECTION OF ACTING SPEAKER, IF NECESSARY

Local Government: Municipal Structures Act, 1998 (Act 117 of 1998)41. Acting speakers

If the speaker of a municipal council is absent or not available to perform the functions of speaker, or during a vacancy, the council must elect another councillor to act as speaker.

None

3. APPLICATION FOR LEAVE OF ABSENCE

Rules of Order regulating the conduct of Meetings of the Council of the Municipality of Swellendam (Provincial Gazette 6347 dated 3 March 2006)PART 3: MEETINGS11. Leave of Absence

A member who wishes to absent himself or herself from meetings must act in accordance with the rules relating to the leave of absence from the council as determined by council.

Item A2481: Council meeting of 21 November 2013:PROPOSED AMENDMENTS – ITEM A2446 OF 7 OCTOBER 2013: RULES OF ORDER AND PROCEDURES WITH REGARDS TO ALLEDGED TRANSGRESSION OF THE CODE OF CONDUCT FOR COUNCILLORS1. That the following procedures be reconfirmed by means of which councillors may apply for leave of absence from ’n

council meeting:LEAVE OF ABSENCE1. Application for leave of absence from a meeting of the Council must be addressed to the Speaker of Council in writing

and signed by the member who is applying for such leave.2. The Speaker of Council may only consider applications for leave of absence which are in writing. Applications for

leave of absence which are not in writing may not be considered.3. Notwithstanding Section 2 above, applications for leave of absence from a meeting are deemed to have been granted

if:3.1 the Council or Mayor delegated the relevant member to act elsewhere on behalf of the Council in a matter; or3.2 if the Council requests the member to leave the relevant meeting in circumstances envisaged in Item 3(b) of the

code of conduct of Schedule 1 to the Systems Act, or the member recuses him/herself.

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4. The Speaker may, subject to Sections 2 and 3 above, grant leave of absence to a member for the following reasons:4.1 illness of the member, a medical certificate must be handed to the office of the Speaker in this regard, within 5

working days after the Council meeting, for which leave of absence was applied by the member as proof of illness.

4.2 essential business or personal commitments, or personal circumstances of the member.4.3 When the member is not permitted to attend the meeting due to circumstances envisaged in item 3(b) of the

Code of Conduct for Councillors in Schedule 1 to the Systems Act;4.4 Any other circumstances where the member is prevented from attending the meeting.

2. That the following revised fines are imposed in respect of situations where councilors fails to remain in attendance of council meetings: FINES IN TERMS OF PARAGRAPH 4(2) (b) OF THE CODE OF CONDUCT FOR COUNCILLORSIn the case where the accused councillor was convicted that he or she failed to remain in attendance at a meeting of the Council, the Council may impose the following penalties:

a. 1st transgression, 10 % of the Councillor’s monthly remuneration; b. 2nd transgression, 15 % of the Councillor’s monthly remuneration;c. 3rd transgression, 20 % of the Councillor’s monthly remuneration;d. 4th transgression, 25%of the Councillor’s monthly remuneration; and e. 25% for each subsequent transgression.

2. That the disciplinary committee, as established, handles complaints against councilors who are guilty of paragraph 4(2) (b) of the code of conduct Councillors as per schedule 1 of Municipal Systems Act, 2000 (Act 32 of 2000).

3.1 A blank application for leave of absence form is enclosed

Cllr. G. Libazi is on sick leave and the Speaker indicate that he has received her sick certificate.

3.2 The attendance registers will be available at the meeting

Rules of Order regulating the conduct of Meetings of the Council of the Municipality of Swellendam (Provincial Gazette 6347 dated 3 March 2006)PART 3: MEETINGS10. Attendance of meetings

(1) Every member attending a meeting of the council must sign his or her name in the attendance register kept for such purpose.

(2) A member must attend each meeting except when-(a) leave of absence is granted in terms of section 11; or(b) the member is required to withdraw in terms of law.

Present:

Councillors: Cllr. B.O. Sonqwenqwe (Speaker), Cllr. N.G. Myburgh (Executive Mayor), Cllr. A.M. Pokwas (Deputy Executive Mayor), Cllr. E.J. Lamprecht, Cllr. H.F. Du Rand , Alderman M. J. Koch, Cllr. M.T.A. Swart, Cllr. M.G. Du Plessis, Alderman J. C. Nortje, Cllr. J.A. Matthysen.

Officials: C. Africa (Municipal Manager), D. du Plessis (Director: Corporate Services), H. Schlebusch (Director: Financial Services), K. Stuurman (Director: Community Services), F. Erasmus (Director: Infrastructure Services), I. Roos (Manager: Administrative Support Services), C. Gaffley (Administrative Officer: Committees), G. Michaels (Senior Clerk: Committees).

4. MOTIONS OF JOY AND SORROW

4.1 Announcement of Councillors’ birthdays

Cllr. M. J. Koch – 06 November 2016Cllr. M.T.A. Swart – 11 November 2016Cllr. N.G. Myburgh – 14 November 2016

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Cllr. J.C. Nortje – 20 November 2016

The Speaker congratulates everybody with their birthdays.

4.2 Anouncements of deaths by municipal manager

The Municipal Manager inform everybody that Mr Du Plessis also had his birthday on 7 October 2016.

Deaths: September 2016

SWELLENDAM

Lowina Kees SwellendamJan Michaels SwellendamWillem September SwellendamElizabeth Hendricks SwellendamDaniel Benjamin SwellendamJames Benjamin Swellendam

5.

BARRYDALE

Abraham van Rooyen BarrydaleRosy Klaassen Barrydale

The Speaker requests a moment of silence to pay tribute to the people that died.

5. SPEECHES AND SUBMISSIONS

The Speaker gave the opposition party the opportunity to address the council on any matter. Councillor J. Matthysen informed the council that, according to correspondence received from the Provincial Secretary of the ANC, he is the Leader of the Opposition and Councillor M.T.A. Swart is the Chief Whip. Furthermore that Counillor J.C. Nortje is the MPAC Chairperson.

Councillor J. Matthysen expresses the ANC`s disatisfaction with the notice of the council meetings that was not distributed to meet the prescribed minimum requirements for distribution within 7 days prior to the meeting. Councillor J. Matthysen refers to a letter from the ANC delivered to the Speaker to cancel the council meeting.The Speaker informs Councillor Matthysen that he already has responded to their letter in writing.

Councillor J. Matthysen refers to the information that the ANC has requested at the last meeting on, as they call it, the vacation of the Mayoral Committee in Barrydale where they have stayed overnight. He expresses the disatisfaction of the ANC as the Speaker did not ensure that the information be tabled to council.

6. STATEMENTS AND COMMUNICATIONS BY THE SPEAKER

The Speaker informs the council on the following rules to be adhered to:(a) The meeting is to be conducted in terms of the rules of order and no person should

speak, while another is speaking. Disruption will not be tolerated.

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(b) That a maximum of three minutes will be allowed on an item. (c) Only two members of the council per party to debate on an item(d) A maximum of a five minute caucus will be allowed. (e) Councillors should treat each other with respect.

7. STATEMENTS AND COMMUNICATIONS BY THE EXECUTIVE MAYOR

None

8. DISCLOSURE OF INTERESTS BY COUNCILLORS

Local Government: Municipal Structures Act, 1998 (Act 117 of 1998)5. Disclosure of interests

(1) A councillor must-(a) disclose to the municipal council, or to any committee of which that councillor is a member, any direct or

indirect personal or private business interest that that councillor, or any spouse, partner or business associate of that councillor may have in any matter before the council or the committee; and

(b) withdraw from the proceedings of the council or committee when that matter is considered by the council or committee, unless the council or committee decides that the councillor’s direct or indirect interest in the matter is trivial or irrelevant.

(2) A councillor who, or whose spouse, partner, business associate or close family member, acquired or stands to acquire any direct benefit from a contract concluded with the municipality, must disclose full particulars of the benefit of which the councillor is aware at the first meeting of the municipal council at which it is possible for the councillor to make the disclosure.

(3) This section does not apply to an interest or benefit which a councillor, or a spouse, partner, business associate or close family member, has or acquires in common with other residents of the municipality.

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9. MATTERS FOR CONSIDERATION

Rules of Order regulating the conduct of Meetings of the Council of the Municipality of Swellendam (Provincial Gazette 6347 dated 3 March 2006)PART 4: DECISION15. Unopposed Matters

Whenever council is called upon to consider a matttter before it and there is no opposition from any member, a unanimous vote qill be recorded in the minutes.

16. Opposed Matters(1) After attempts to reach consensus on certain matters have failed, the speaker must put the matter under discussion

to the vote. Motions must be moved and seconded by members. Hereafter the speaker must call upon the members to indicate by a show of hands whether they are for such motions or against it, wherupon he or she declare the result of such vote.

(2) Upon the speaker’s declaration of the result of a vote, a member may demand for his or her vote to be recorded against the decision concerned and the municipal manager shall ensure that such vote is recorded in the minutes.

(3) If there is an equality of votes in respect of a matter on which voring takes place, the speaker must exercise his or her casting vote, in addition to his or her deliverative vote, provided that the speaker may not exercise a casting vote in terms of any matter set ou in section 160(2) of the Constitution.

PART 7: RULES OF DEBATE23. Member to address the chair

A member who speaks at a meeting must address the chair and may do so in any one of the three official languages of the Province of the Western Cape.

24. Order or priorityWhen a member wishes to address the council, he or she must first have the permission of the speaker.

25. Precedence of speakerWhenever the speaker addresses the meeting, all members must be silent so that the speaker may be heard without any interruption.

26. Relevance

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(1) A member who speaks must direct his speech strictly to the subject or matter under discussion or to an explanation or to a point of order.

(2) No discussion may be permitted-(a) which will anticipate any matter on the agenda;(b) on any matter in respect of which a decision by a judicial or quasi-judicial body or a commission of enquiry is

pending.27. Right to speak

A member or non-member may speak on any matter before the council as determined by the speaker, provided that speeches of all members and non-members are allocated in a fair manner.

28. Length of speechesThe speaker determines the length of speeches.

31. Speaker’s ruling on points of order and explanation(1) The ruling of the speaker on a point of order or an explanation shall be final and not open to discussion.(2) The ruling of the speaker on any point of order raqised as to the interpretation of these rules must be entered in the

minutes.

9.1 Items submitted by officals of council

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9.1.1Item number A201.

APPOINTMENT OF MUNICIPAL PUBLIC ACCOUNTS COMMITTEE (MPAC) MEMBERS

Report of the Director: Corporate Services: Mr D du Plessis

Department Corporate Services

Section Committees

Proposed File number 3/3/3/1

PURPOSE OF REPORT

The purpose of the report is to appoint the members of the Municipal Public Accounts Committee (MPAC).

FACTS AND BACKGROUND

The council on 29 September 2016 resolved the following with regard to the appointment of members of the MPAC:

UNANIMOUS RESOLUTION A173/29/09/2016

3. That the establishment of the Municipal Public Accounts Committee (MPAC) be referred back to the next council meeting to gather more information.

DISCUSSION

Department National Treasury issued a Guideline for the establishment of MPAC’s, and paragraph 4.2 states the following:

The MPAC shall comprise of councillors excluding any councillor who is serving as Executive Mayor or Deputy Executive Mayor, Mayor or Deputy Mayor, Speaker, Chief Whip, a member of Mayoral Committee, a member of the Executive Committee. Where the municipality has a sufficient number of councillors, councillors serving on the MPAC should preferably not serve in other Committees of Council to minimize possible conflict of interest.

The actual size of the MPAC will be determined by the number of councillors in the municipality.

• municipalities with less than 15 councillors may nominate up to 5 councillors;• municipalities between 15-30 councillors may nominate up to 9 councillors;• municipalities between 31-60 councillors may nominate up to 11 councillors; and• municipalities with more than 60 councillors may nominate up to 13 councillors.

Documentation in this regard is attached on page 1 to 14 of the Annexures.

The ANC members have provided the following names to serve on the MPAC:

1. Cllr JC Nortje2. Cllr JA Matthysen

LEGAL IMPLICATIONS

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It is emphasized that there are no legal prescriptions for the establishment of municipal public accounts committee. The guidelines attached as annexure refer to sections 52 and 129 (4) of the MFMA. Section 52 deals with the general responsibilities of the Executive Mayor and section 129 with Oversight- and annual reports.

Section 52 stipulates:

52. The mayor of a municipality- (a) must provide general political guidance over the fiscal and financial affairs of the municipality;(b) in providing such general political guidance, may monitor and to the extent provided in this Act.

oversee the exercise of responsibilities assigned in terms of this Act to the accounting officer and the chief financial officer, but may not interfere in the exercise of those responsibilities;

(c) must take all reasonable steps to ensure that the municipality performs its constitutional and statutory functions within the limits of the municipality’s approved budget:

(d) must within 30 days of the end of each quarter submit a report to the council on the implementation of the budget and the financial state of affair\ of the municipality; and

(e) must exercise the other powers and perform the other duties assigned to the mayor in terms of this Act or delegated by the council to the mayor.

Section 129 (4) stipulates:

(4) The National Treasury may issue guidelines on-(a) the manner in which municipal councils should consider annual reports and conduct public hearings; and(b) the functioning and composition of any public accounts or oversight committees established by the council to assist to consider an annual report.

Section 129 (5) stipulates:

(5) No guidelines issued in terms of subsection (4) are binding on a municipal council unless adopted by the council.

FINANCIAL IMPLICATIONS

None

PERSONNEL IMPLICATIONS

None

COMMUNICATION IMPLICATIONS

None

COMMENTS FROM DEPARTEMENTS

Director: Corporate Services

No further comments.

Director: Community Services

None

Director: Financial Services

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None

Director: Infrastructure Services

None

Municipal Manager

None

This item served on the Mayoral Committee Meeting held on 18 October 2016.

RECOMMENDATION

1. That the following councillors be appointed to serve on the Municipal Public Accounts Committee:

Municipal Public Accounts Committee (MPAC) Chairperson: Alderman J.C. Nortje - Secunde: Cllr. J.A. Matthysen Member: Cllr. M.J. Koch Member: Cllr E. J. Lamprecht

PROPOSALS

Councillor J.C. Nortje proposes that Cllr. E.J. Lamprecht cannot serve on the MPAC as she is a full time councillor and that alderman J.C. Nortje and councillor J.A. Matthysen of the ANC and Alderman M.J. Koch of the DA serve on the MPAC.(Proposal 1)

Proposed: Ald. J.C. Nortje Seconded: Cllr. M.T.A. Swart

The Mayor proposes that the recommendation of the Mayoral Committee be accepted. (Proposal 2)

Proposed: Cllr. N.G. Myburgh Seconded: Cllr. H.F. Du Rand

As there are TWO DULY seconded PROPOSALS, the Speaker rules that a vote, by show of hands, is taken on the matter.

Council votes as follows:

Proposal 1: Cllr. J.A. Matthysen; M.T.A. Swart; M.G. du Plessis; Ald. J.C. Nortje (four votes).

Proposal 2: Cllr. B.O. Sonqwenqwe; N. G. Myburgh; A. M. Pokwas; E. J. Lamprecht; H. F. du Rand and Ald. M.J. Koch, (Six votes).

RESOLVED BY MAJORITY VOTE A201/28/10/2016 1. That the following councillors be appointed to serve on the Municipal Public Accounts Committee:

Municipal Public Accounts Committee (MPAC) Chairperson: Alderman J.C. Nortje - Secunde: Cllr. J.A. Matthysen

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Member: Cllr. M.J. Koch Member: Cllr E. J. Lamprecht

The ANC requests that their vote against the resolution be recorded.

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QUARTERLY REPORT WITH REGARDS TO BUDGET (SECTION 52 REPORT) AND TOP LEVEL SDBIP FOR THE FIRST QUARTER OF THE 2016/2017 FINANCIAL YEAR

Report of the Director: Financial Services: Mr H Schlebusch

Department Financial Services

Section Financial Services

Proposed File Number 5/6/1/56

PURPOSE OF REPORT

The purpose of this report, is to inform Council on the implementation of the Budget and the progress of the performance of the Top Level SDBIP for the first quarter of the 2016/2017 financial year.


According to the MFMA Section 52(d) the Mayor of the Municipality must, within 30 days of the end of each quarter, submit a report to council on the implementation of the Budget and the financial state of affairs of the Municipality. The quarterly report for the 1st quarter of the current financial year is distributed as a separate addendum.

The Top Level SDBIP forms part of the Section 52 report and are distributed as a separate addendum.

DISCUSSION

The quarterly report must, within 30 days of each quarter be tabled to Council. The presentation of the quarterly report is a delegation of the Executive Mayor and is the final report for the 2016/2017 financial year.

LEGAL IMPLICATIONS

Section 52 of the MFMA.


None


None


None

COMMENTS FROM DEPARTMENTS


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None


None


None


None

Municipal Manager

None


RECOMMENDATION

1. That Council takes cognisance of the Mayors Section 52 report as well as the Top Level SDBIP for the first quarter of the 2016/2017 financial year.

RESOLVED A202/28/10/2016

1. That Council takes cognisance of the Mayors Section 52 report as well as the Top Level SDBIP for the first quarter of the 2016/2017 financial year.

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PROPOSAL FOR CORPORATE COLOURS FOR CERTAIN MUNICIPAL BUILDINGS

Report by the Manager: Town Planning and Building Control: Mr W Hattingh


Section Town Planning and Building Control


PURPOSE OF REPORT

To submit a proposal to consider the use of a corporate colour scheme for certain municipal buildings.


The Town Planning and Building Control section was asked to investigate the feasibility of having all municipal buildings painted in a similar colour scheme. The purpose would be to enhance the corporate image of the municipality. The Swellendam Aesthetics and Conservation Committee was also consulted in the matter.

DISCUSSION

There is no doubt that the adoption of similar colour scheme for all municipal buildings will enhance the corporate image of the municipality, but special attention needs to be given to older buildings, particularly those with historical value.

The key issue about historical buildings is their authenticity, not their ownership. These older buildings are from different periods, are built in different styles and are of a different context, a different colour scheme is therefore also appropriate. The Aesthetics Committee is of the opinion that it is not a good idea to apply a single colour scheme to all municipal buildings. They are too different from each other, and each deserves a colour scheme appropriate to the building itself, to thereby bring out the best aspects of it.

With regards newer buildings with no historical value, a single, more modern colour scheme can be applied, unless the specific building shares the same site as a historical building, for example; the municipal offices in Suurbraak, which are located in the vicinity of the other historical buildings around the Braak. The same principle may apply to the municipal head office and library in Swellendam, which share the same site as the city hall. Other buildings in this group would be the Oefeninghuis, the Council Chambers, the old tourism office in Barrydale, etc. Consultation with the Aesthetics Committee to decide on the appropriate colour scheme in these cases would be advisable.

Buildings like those in Lind Street (Infrastructure, SCM and Town Planning), all the municipal buildings in Railton, Buffeljags and in Barrydale can be painted in the same colour scheme. The colour scheme that can be considered for these buildings reflects the corporate colours of the municipality, as presented on the municipal logo namely; mustard or similar, deep blue and black. An example of how such a colour scheme would present on a building will be available during the Mayoral Committee meeting.

As the offices of Town Planning and Building Control are in desperate need of repainting, it is recommended that a portion of that building be painted in the proposed corporate colours before a final decision is taken.

LEGAL IMPLICATIONS

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None


No immediate implications. Buildings can be painted in the new colours when they are due for re-painting


None

COMMUNICATIONS IMPLICATIONS

None



Recommendation is supported.


None


None

Director: Infrastructure Service

Recommendation is supported.

Municipal Manager

None


RECOMMENDATION

1. That the following corporate colour scheme be approved in-principle for all municipal buildings:• Walls – white or off white• Roofs – black, dark grey or charcoal• Gutters and down pipes – white• Facias, doors, windows – historical green, heritage green or monument green. 2. That as a trial run, the offices of Town Planning and Building Control be painted in these colours,

where after a final decision can be taken.

UNANIMOUSLY RESOLVED A203/28/10/2016

1. That the following corporate colour scheme be approved in-principle for all municipal buildings:• Walls – white or off white• Roofs – black, dark grey or charcoal• Gutters and down pipes – white• Facias, doors, windows – historical green, heritage green or monument green.

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2. That as a trial run, the offices of Town Planning and Building Control be painted in these colours, where after a final decision can be taken.

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RENAMING OF POST TITLE: GIS TECHNICIAN

Report of the Manager: Town Planning and Building Control: Mr W Hattingh


Section Town Planning & Building Control


PURPOSE OF REPORT

To gain Council’s approval to rename the post title of GIS Technician to GIS Technician/Town Planner and to make provision in the adjustment budget for filling the post.


The post of GIS Technician was created about two years ago but could not yet be filled due to budget constraints. At this stage it is also cheaper for the Municipality to make use of a service provider namely Esri South Africa (who was also responsible for building the current GIS system) to maintain the municipality’s GIS system. In terms of the service level agreement with Esri SA they should also transfer the necessary skills to the Municipality to eventually maintain the GIS system without any assistance from Esri.

DISCUSSION

Although it would be ideal to employ a dedicated GIS technician over the longer term, the current workload and financial circumstances do not justify such an appointment and one should rather look at an option where the GIS tasks can be combined with that of a town planner. This possibility has been discussed with neighbouring municipalities and it was established that Cape Agulhas Municipality indeed has such a combined post that is filled and works apparently quite well.

In order to ensure the sustainability of the Municipal wide GIS function it is necessary that GIS skills should be developed internally and also to make us less dependent on the service provider.

A job description has been developed for this combined post and can be seen on pages 15 to 22 in the annexures. The job description has in the meantime been submitted to the Overberg TASK Job Evaluation Committee to determine the post level and the associated salary scale

LEGAL IMPLICATIONS

None


Financial implications will be determined once feedback is received from the Overberg TASK Job Evaluation Committee where after a proposal will be submitted to make provision on the adjustment budget.


Only the one post under discussion in this item

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The post will be advertised early in the new year when the budget is available.



None


None


None


None

Municipal Manager

The recommendation makes a lot of business sense and is supported.


RECOMMENDATION

1. That the current post title of GIS Technician be renamed to GIS / Town Planning Technician.2. That provision be made in the 2017/2018 budget for filling the post.


1. That the current post title of GIS Technician be renamed to GIS / Town Planning Technician.2. That provision be made in the 2017/2018 budget for filling the post.

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APPLICATION FOR LAND TO DEVELOP A TRUCK STOP ON THE N2, SWELLENDAM

Report of the Manager: Town Planning and Building Control Mr W Hattingh


Section Town Planning and Building Control

Suggested File number 7/2/R

PURPOSE OF REPORT

To submit a proposal for the purchase of municipal land to develop a truck stop in Swellendam


The Town Planning and Building Control section was approached by Mr Jody du Plessis to obtain Erf 6715 (the proposed N2 filling station site) for the purpose of constructing a truck stop. Mr du Plessis was advised that this site is not suitable for a truck stop. This entrance to town is the gateway to the historical centre of Swellendam and a truck stop, which is associated with industrial development will detract from this character. He was advised to rather look at possibilities near the industrial area. Several possibilities were discussed with him of which he decided on the piece of municipal land next to the weigh bridge between the N2 and the railway line. He has therefore, by means of a letter dated 14 September 2016, shown his interest in purchasing the relevant piece of land. The letter and a map indicating the site as “Site A” is shown on pages 23 to 27 in the Annexures.

The proposed facility would according to Mr du Plessis be a “world class” facility and will include parking for 40 -80 interlink trucks, drivers overnight rooms, dispensing of petrol and diesel, truck wash, breakdown assistance, 24 hr security, wellness clinic, recreational areas, restaurant, ablution with showers and a Laundromat.

DISCUSSION

The need for a day and overnight facility to cater for the truck volumes along the N2 highway in Swellendam has already been established and the development of such a facility would benefit the local community as well as the transport industry from a traffic, social and economic perspective.

The proposed site can be seen as abandoned land and of no real value to the municipality. It is however ideally situated for the purpose of a truck stop on the N2 next to the weighbridge and the two facilities will complement each other. It will also blend into the industrial character of the area and will not have a negative impact in general as it would have done at the northern entrance to town.

The land is not used for municipal services except for a natural storm water drainage canal running through the western portion of the property that can easily be protected by means of a servitude if necessary. This natural drainage course has the potential to form an attractive visual feature to the proposed development.

The land is currently zoned “not yet determined” and still forms part of the commonage (Erf 1). It will therefore have to be subdivided and rezoned appropriately before development can take place. A big challenge would be to obtain direct access to the proposed truck stop from the N2 and SANRAL will have to be consulted during the rezoning process. Another possibility is to obtain access to the site from the weighbridge site. This possibility was discussed with the management of the weighbridge who seems to have no problem in this regard. As a matter of fact, they have indicated that they would be in favour of a

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truck stop next to their facility. Truck drivers quite often overnight on their premises and there is no ablution facilities on site to cater for them. There is a possibility that the weighbridge will also need land for future expansion but that need can be addressed on the other (western side) of the weighbridge where the municipality is also the land owner.

LEGAL IMPLICATIONS

The following legal provisions regulate the sale of property:• The provisions of section 14 of the Municipal Finance Management Act, 2003 (Act 56 of 2003)

(MFMA);• The by-law relating to the Management and Administration of Immovable Property in 2005.• The Asset Transfer Regulations 2008.• The Policy on the Management, Administration and Disposal of Immovable Property, 2014.• The provisions of the Land Use Planning By-Law is also applicable to the subdivision of the land.


All cost should be for the buyer, including legal, town planning and to service the site according to municipal standards.


None


The council’s resolution will have to be advertised for public comment before a final decision on the disposal can be taken.



The proposal is supported


None


None


None

Municipal Manager

I support this application wholeheartedly as we currently face a major problem with extra heavy trucks driving through our main road, often making u-turns if they only want access to a shop or ablution facility, alternatively, they park indiscriminately overnight in and around town. Several complaints are being received from local residents about the noise and inconveniences caused by these trucks. Furthermore, such a facility will be beneficial to the town as it will bring revenue into the town and the municipality alike.

21


RECOMMENDATION

1. That the land shown as Site A on page 25 of the annexures, will not be required to render a minimum level of basic services

2. That the council in principle approves the selling of the land marked as Site A on page 25 of the annexures for the purpose of a truck stop at a market related price.

3. That the council resolution be advertised and if no objections are received the Mayoral Committee be mandated to approve an expressions of interest document whereby prospective developers will by means of the prescribed SCM procedures be invited to submit offers for the land and proposals for the development of a truck stop.

4. That the proposed truck stop includes at least the following facilities: Day and overnight parking for at least 40-80 interlink trucks Sufficient drivers’ overnight rooms Dispensing of diesel and petrol (fore court pump bays) Truck wash facilities Truck breakdown facilities 24 hour security with CCTV cameras Wellness facility Recreational room (with television and internet access) and outdoor braai areas Restaurant with convenience shop and ATMs Ablution facilities with showers Laundromat5. That the reserve price for the land be based on a fair market value determined by an independent

appropriately qualified expert.6. That the prospective developer be responsible for all costs, including: rezoning, environmental- and

traffic impact assessments, subdivision, providing of services and transfer/registration.

PROPOSALS

Councillor J.C. Nortje proposes that the recommendation of the Mayoral Committee is in order but that the wording in point three of the recommendation be changed from “Mayoral Committee” to “Council”.(Proposal 1)

Proposed: Ald. J.C. Nortje Seconded: Cllr. J.A. Matthysen

Councillor H.F. Du Rand proposes that the recommendation of the Mayoral Committee be accepted. (Proposal 2)

Proposed: Cllr. H.F. Du RandSeconded: Cllr. N.G. Myburgh





RESOLVED BY MAJORITY VOTE A205/28/10/2016

22

1. That the land shown as Site A on page 25 of the annexures, will not be required to render a minimum level of basic services

2. That the council in principle approves the selling of the land marked as Site A on page 25 of the annexures for the purpose of a truck stop at a market related price.

3. That the council resolution be advertised and if no objections are received the Mayoral Committee be mandated to approve an expressions of interest document whereby prospective developers will by means of the prescribed SCM procedures be invited to submit offers for the land and proposals for the development of a truck stop.

4. That the proposed truck stop includes at least the following facilities: Day and overnight parking for at least 40-80 interlink trucks Sufficient drivers’ overnight rooms Dispensing of diesel and petrol (fore court pump bays) Truck wash facilities Truck breakdown facilities 24 hour security with CCTV cameras Wellness facility Recreational room (with television and internet access) and outdoor braai areas Restaurant with convenience shop and ATMs Ablution facilities with showers Laundromat5. That the reserve price for the land be based on a fair market value determined by an independent

appropriately qualified expert.6. That the prospective developer be responsible for all costs, including: rezoning, environmental- and

traffic impact assessments, subdivision, providing of services and transfer/registration.



23

NEW AND REVISED POLICIES

Report of the Director: Corporate Services: Mr D Du Plessis


Section Human Resources

Proposed File number 1/1

PURPOSE OF REPORT

To present to council the new Travelling Allowance Scheme, which replaces the previous PERK Scheme, for approval and implementation.


The new Travelling Allowance Scheme replaces the previous PERK Scheme.

Several consultations between senior management, the affected employees and the Unions took place since April 2016, not only with regards to this new scheme but also with regards to the Essential Transport Allowance Scheme which was approved by council on 29 September 2016 for retrospective implementation from 1 July 2016.

The Unions already accepted the new scheme and it will be tabled at the next Local Labour Forum (scheduled for 13 October 2016) for condonation.

DISCUSSION

Travelling Allowance Scheme

The purpose of the scheme is to create an alternative framework to accommodate the staff of the Swellendam Municipality who qualifies for a traveling allowance. The previous PERK scheme allowed for various inconsistencies that led to aggrieved employees.

The new Travelling Allowance that will be paid to qualifying employees will be calculated as 30% of his/her monthly basic salary.

The Municipal Manager is the delegated authority to approve participation in the scheme upon receipt of sufficient evidence that an incumbent qualifies in terms of the rules of the scheme as outlined in the Policy.

Documentation in this regard is attached on pages 28 to 32 of the Annexures.

LEGAL IMPLICATIONS

Municipal Systems Act, 2000 (Act 32 of 2000)Basic Conditions of Employment Act, 1997 (Act 75 of 1997)Labour Relations Act, 1995 (Act 66 of 1995)The Constitution, 1996 Main Collective Agreement - SALGBC 2015


Personnel budget.

24


These policies apply to all personnel.


Directors of the Departments must ensure that policies are communicated with all personnel.



None


None


None


None

Municipal Manager

In agreement with recommendation.


RECOMMENDATION

1. That the Travelling Allowance Scheme Policy be approved and be implemented retrospectively from 1 July 2016.

MR. D. DU PLESSIS EXPLAINED THE TRAVELLING ALLOWANCE SCHEME POLICY TO COUNCIL.

THE EXECUTIVE MAYOR REQUESTS A CAUCUS AT 11:33. THE MEETING RESUMED AT 11:40

PROPOSALS

Councillor J.C. Nortje proposes that the recommendation of the Mayoral Committee be accepted.(Proposal 1)

Proposed: Ald. J.C. Nortje Seconded: Cllr. J.A. Matthysen

Councillor N.G. Myburgh proposes that the Travelling Allowance Scheme Policy be approved and be implemented retrospectively from 1 October 2016. (Proposal 2)

Proposed: Cllr. N.G. MyburghSeconded: Cllr. A.M. Pokwas

25





RESOLVED BY MAJORITY VOTE A206/28/10/2016

1. That the Travelling Allowance Scheme Policy be approved and be implemented retrospectively from 1 October 2016.



26

CLOSING OF MUNICIPAL OFFICES FOR DECEMBER 2016

Report by the Director: Corporate Services: Mr D du Plessis


Section Human Resources


PURPOSE OF REPORT

To consider the closing of the municipal offices between Christmas and New Year.


Traditionally the municipal offices close between Christmas and New Year subject to the condition that employees must take leave for this period. Provision is made in the leave regulations for such closure. The closing of the offices does not affect essential and/or standby services.

DISCUSSION

None

LEGAL IMPLICATIONS

None


None


None


The closing of the offices to be widely communicated to the public by means of advertisements in the local newspapers, the website and notices on notice boards along with a list of contact numbers for standby services.



None


None


None

27

Director: Infrastructure Service

None

Municipal Manager

None


RECOMMENDATION

1. That approval be granted for the closing of the municipal offices (excluding pay points / Cashier’s offices) for the period 28-30 December 2016, on condition that all employees who would normally be on duty for the said period take leave for 3 (three) days.

2. That employees who perform essential services continue with their work and that sufficient staff be placed on standby duty for the said period.

3. That all pay points / Cashier’s offices be open for services from 08:00 to 13:00 daily from 28 – 30 December 2016.

4. That all municipal offices, except cashiers, close at 12:00 on Friday, 23 December 2016. 5. That salaries be paid out on Wednesday, 21 December 2016.6. That the closing of the offices be widely communicated to the public by means of advertisements in

the local newspapers and notices on notice boards along with a list of contact numbers for standby services.


1. That approval be granted for the closing of the municipal offices (excluding pay points / Cashier’s offices) for the period 28-30 December 2016, on condition that all employees who would normally be on duty for the said period take leave for 3 (three) days.

2. That employees who perform essential services continue with their work and that sufficient staff be placed on standby duty for the said period.

3. That all pay points / Cashier’s offices be open for services from 08:00 to 13:00 daily from 28 – 30 December 2016.

4. That all municipal offices, except cashiers, close at 12:00 on Friday, 23 December 2016. 5. That salaries be paid out on Monday, 19 December 2016.6. That the closing of the offices be widely communicated to the public by means of advertisements in

the local newspapers and notices on notice boards along with a list of contact numbers for standby services.


28

SUPPLY CHAIN MANAGEMENT MONTHLY REPORT – SEPTEMBER 2016

Report by the Director: Financial Services: Mr H Schlebusch


Section Supply Chain Management


PURPOSE OF REPORT

To report on supply chain management issues and activities in compliance with the Municipal Finance Management Act (MFMA), Supply Chain Management Regulations and the Supply Chain Management Policy of the Council.


In terms of paragraph 6 of the supply chain management policy, Council reserves the right to maintain oversight over the implementation of the supply chain management policy.

For the purpose of such oversight, the Accounting Officer must submit a monthly report to Council on supply chain management issues and activities. Please find attached the said report on page 33 to 66 of the Annexures.

DISCUSSION

None

LEGAL IMPLICATIONS

MFMA and SCM Regulations


None


None


None



None


None


29

None


None

Municipal Manager

None

RECOMMENDATION

1. That council take cognisance of the report.


1. That council take cognisance of the report.

ALDERMAN M.J. KOCH EXCUSED HIMSELF FOR DISCUSSION OF ITEM A209.

30


SUPPLY CHAIN MANAGEMENT – 1st QUARTER REPORT

Report by the Director: Financial Services: Mr H. Schlebusch




PURPOSE OF REPORT

To report on supply chain management issues and activities in compliance with the Municipal Finance Management Act (MFMA), Supply Chain Management Regulations and the Supply Chain Management Policy of the Council.


Paragraph 6(3) of the Supply Chain Management Regulations as well as Council’s Supply Chain Management Policy requires of the Municipal Manager to report quarterly on the implementation of Supply Chain Management. The report is attached on page 67 to 88 of the Annexures.

DISCUSSION

None

LEGAL IMPLICATIONS

MFMA and SCM Regulations


None


None


None



None


None


31

None


None

Municipal Manager

None

RECOMMENDATION

1. That council take cognisance of the report.2. That the report be made public in accordance with section 21A of the Municipal Systems Act.

RESOLVED A209/28/10/2016

1. That council take cognisance of the report.2. That the report be made public in accordance with section 21A of the Municipal Systems Act.

COUNCILLOR J.C. NORTJE REQUESTS THAT THE LEGAL OPINION OF ADVOCATE ZYBRANDS, REGARDING ERF 2425, AS REPORTED ON PAGE 78 OF THE ANNEXURES BE PROVIDED TO HIM, WHEREBY THE SPEAKER SAYS THAT COUNCILLOR J.C. NORTJE CAN VERIFY ANY INFORMATION WITH THE MUNICIPAL MANAGER.

THE ANC INDICATES THAT THEY DO NOT ACCEPT THE REPORT DUE TO A LACK OF INFORMATION.

ALDERMAN M.J KOCH RETURN AT 12:10


32

REPORT IN TERMS OF THE SDBIP – IMPLEMENTATION OF COUNCIL RESOLUTIONS: MUNICIPAL MANAGER



Division Legal Services


PURPOSE OF THE REPORT

In terms of the Service Delivery and Budget Implementation Plan as well as to measure the performance of the Administration with regards to the implementation of Council Resolutions, a quarterly report is submitted. The resolutions are summarized in a schedule with the comments and actions taken.

The schedules for June to September 2016 are attached on pages 89 to 107 of the Annexures.

DISCUSSION

As under purpose of the report.

LEGAL IMPLICATIONS

None


None


None


None



None


None


None


None

33

Municipal Manager

None

RECOMMENDATION

1. That Council takes cognisance of the report.


1. That Council takes cognisance of the report.


34

INTERNAL AUDIT: QUARTERLY REPORT OF THE AUDIT AND PERFORMANCE AUDIT COMMITTEE FOR THE FIRST QUARTER ENDED 30 SEPTEMBER 2016 AND THE MINUTES OF THE AUDIT AND PERFORMANCE AUDIT COMMITTEE MEETING HELD ON 29 AUGUST 2016

Report by the Municipal Manager: Mr C Africa

Department Municipal Manager

Section Internal Auditor


PURPOSE OF REPORT

The purpose of the report is to submit the Quarterly Report of the Audit- and Performance Audit Committee (Committee) and the Minutes of the Committee meeting held on 29 August 2016 to Council for cognizance.


In terms of National Treasury's Circular 65 of 2003, the committee must on a quarterly basis report to the Council on the performance of their functions and duties, as well as the functions of the internal audit department. This circular has been amended in 2012, to adapt to the latest developments and expectations regarding internal audit and risk management.

Based on this Circular, the committee drafted its quarterly report for the period ended 30 September 2016 and which is now being submitted to the Council for discussion and consideration.

Annexures are attached on page 108 to 114.

1. Quarterly Report of the Audit- and Performance Audit Committee for the first quarter ended 30 September 2016; and

2. Minutes of the Audit- and Performance Audit Committee Meeting held on 29 August 2016

DISCUSSION

None

LEGAL IMPLICATIONS

Section 166 of the Municipal Finance Management Act No. 56 of 2003, requires every Municipality to establish and maintain an Audit Committee, as an independent appraisal function.

In terms of National Treasury's Circular 65 of 2003, the committee must on a quarterly basis report to the Council on the performance of their functions and duties and the functions of the internal audit department.


None

35


None


None



None


None


None


None

Municipal Manager

None

RECOMMENDATION

1. That cognizance be taken of the Quarterly Report of the Audit- and Performance Audit Committee for the first quarter ended 30 September 2016; and

2. That cognizance be taken of the Minutes of the Audit- and Performance Audit Committee Meeting held on 29 August 2016.


1. That cognizance be taken of the Quarterly Report of the Audit- and Performance Audit Committee for the first quarter ended 30 September 2016; and

2. That cognizance be taken of the Minutes of the Audit- and Performance Audit Committee Meeting held on 29 August 2016.


REPORT ON RECESS OF COUNCIL FOR THE MONTHS OF DECEMBER 2016 AND JANUARY 2017

36



Section Office of the Speaker

Proposed file number 3/3/2/1


To recommend to council a recess period for the months of December 2016 and January 2017.


Council resolved per item A2374 dated 5 June 2013:1. That during periods of recess the Executive Mayor be delegated to exercise any power of

the Council and/or its political structures, as well as designated powers, in consultation with the Municipal Manager or if the Municipal Manager is not available, the Acting Municipal Manager, Provided that:(b) the failure to exercise such power as a matter of urgency would have a substantial

detrimental impact on the municipality and/or its services; and/or its people;(c) the delegation excludes the exercise of all powers reserved for Council in terms of

Section 160 of the Constitution: Passing of By-Laws, Approval of Budget, Imposition of rates and taxes, Levies and Duties, raising of loans

(d) where the public interest so demands, this power be exercised after consultation with as many members of the Mayoral Committee as reasonably possible.

2. “Recess” means the period determined by Council resolution when all councillors shall be on official leave and such period shall commence at 17h00 and shall terminate at 08h00 on the dates determined.

3. All resolutions taken by the EM during recess must be tabled at the next meeting of the Council for ratification.

The Annexures are attached on page 115 and 116.

RECESS PERIOD

The suggested recess period is 7 December 2016 to 9 January 2017.

LEGAL IMPLICATIONS

The delegations as per resolution A2374 dated 5 June 2013.


None


None


None


37


None


None


None


None

Municipal Manager

None

RECOMMENDATION

1. That the Council is going into recess from 7 December 2016 at 17:00 until 9 January 2017 at 08:00.


1. That the Council is going into recess from 7 December 2016 at 17:00 until 9 January 2017 at 08:00.


38

DESIGNATION OF A TEMPORARY BUILDING CONTROL OFFICER FOR SWELLENDAM MUNICIPALITY



Section Town Planning & Building Control

Proposed file number 4/3/1


To obtain authorisation for the designation of a suitable and qualified person as temporary Building Control Officer until the position has been permanently filled.


In terms of section 5 of the National Building Regulations and Building Standards Act, 1977 (an extract of which is on pages 115 to 116 of the Annexures):

“a local authority shall appoint a person as building control officer in order to exercise and perform the powers, duties or activities granted or assigned to a building control officer by or under this Act.”

Further, section 3(b) states that:

“3) Subsection (1) shall also be construed so as to enable –(a) …(b) a local authority from time to time to appoint a person temporarily as building

control officer;”

Then also section 7(1) provides that:

“if a local authority, having considered a recommendation referred to in section 6(1)(a)…is satisfied that the application in question complies with the requirements of this Act and any other applicable law, it shall grant its approval in respect thereof…is not so satisfied…such local authority shall refuse to grant its approval in respect thereof and give written reasons for such refusal…”

Section 28(4) of said act also prescribes that:

“any local authority may in writing delegate any power conferred upon it by or under this Act, other than a power referred to in section 5, but the delegation of any such power shall not prevent the exercise thereof by such local authority itself.”

DISCUSSION

It is clear from the body of the report that it is a legal imperative that Council needs to have a Building Control Officer at all times to dispose of his/her responsibilities in terms of section 6 of the Act. The Building Control Officer (Mr Willem Lemmer) appointed for Swellendam Municipality in terms of section 5 retired on 30 September 2016. The process of recruitment takes time and there are various policies and requirements that have to be met in order to finalise the appointment of a person as the Building Control Officer. It is therefore necessary to designate a person as a temporary Building Control Officer for purposes of the Act, which will allow the recruitment process to be followed.

39

Item A16 of the Regulations under the National Building Regulations and Building Standard Act, provides that the minimum qualification of any building control officer appointed in terms of section 5 of the Act shall be of a standard equivalent to a senior certificate plus three years tertiary education, as evaluated by the Human Sciences Research Council, in one of the following building disciplines:

Civil Engineering Structural Engineering Architecture Building Management Building Science Building Surveying; or Quantity Surveying.

Mr Wilfred Titus, currently employed as the Senior Manager Engineering Services at Swellendam Municipality, possesses the necessary qualifications and has been designated for this purpose in the past. He indicated that he is willing to make himself available for the temporary designation as Building Control Officer until the position if permanently filled.

LEGAL IMPLICATIONS

National Building Regulations and Building Standard Act, 1977 (Act 103 of 1977)Regulations under the National Building Regulations and Building Standard Act


None


There are no direct Human Resource implications other than the recruitment process that shall be dealt with in terms of the prevailing policies of Council.


This is an internal report, and at this stage has no additional external communication requirements.



None


None


None


None

Municipal Manager

40

I concur with the recommendation as the position is a legal requirement in terms of the NBR.

RECOMMENDATION

1. That Mr Wilfred Titus be designated in terms of section 5 of the National Building Regulations and Standards Act, 1977 as the temporary Building Control Officer until such time as the position of Building Control Officer has been filled.


1. That Mr Wilfred Titus be designated in terms of section 5 of the National Building Regulations and Standards Act, 1977 as the temporary Building Control Officer until such time as the position of Building Control Officer has been filled.

9.2 Consideration of matters which require non-disclosure

Rules of Order regulating the conduct of Meetings of the Council of the Municipality of Swellendam (Provincial Gazette 6347 dated 3 March 2006)

41

PART 3: MEETINGS6. Non-disclosure of Matters

(1) Matters which require non-disclosure, must be marked as such in the agenda.(2) When such matters are to be considered, the speaker must direct that all members of the public leave the

venue of the meeting.(3) Any member can prior to the commencement of th emeetings, request the speaker to deal with a certain

matter as a non-disclosed matter.

None

9.3 Consideration of urgent matters

Rules of Order regulating the conduct of Meetings of the Council of the Municipality of Swellendam (Provincial Gazette 6347 dated 3 March 2006)PART 3: MEETINGS7. Speaker may introduce urgent matters

The speaker may at any time and without notice make any statement or introduce urgent matters.


AMENDMENT OF SERVICE LEVEL AGREEMENT – ASLA CONSTRUCTION (PTY) LTD

42

Report of the Director: Financial Services: Mr H Schlebusch



Proposed File number 17/4/1

PURPOSE OF REPORT

To inform Council in terms of proposed amendments of the existing service level agreement between Swellendam Municipality and Asla Construction (Pty) Ltd.


Asla Construction (Pty) Ltd was appointed by Swellendam Municipality in terms of regulation 32 of the municipal supply chain management regulations, 2005 for the development and implementation of low cost housing projects within the municipal area of jurisdiction.

In terms of Swellendam’s development program for low cost housing, it has been determined that the upgrading and or construction of certain electrical services are required to ensure the sustainable delivery of services to low cost housing developments.

DISCUSSION

The reason for the amendment is to mandate the Implementation Agent, Asla Contruction (Pty) Ltd to execute the upgrading and or construction of electrification in the Swellendam Municipal area as part of the housing projects in terms of the design, construction and installation of the project scope as identified by Swellendam Municipality.

The electrical department of Swellendam Municipality do not have the capacity to design and construct the electrification projects of housing. If it is not part of ASLA it will be a seperate tender process which could delay the provision of housing for the Swellendam community.

LEGAL IMPLICATIONS

In terms of section 116(3) of the Municipal Finance Management Act the following needs to be followed when amending a contract which was procured through a supply chain management policy:

A contract or agreement procured through the supply chain management policy of the municipality or municipal entity may be amended by the parties, but only after—(a) the reasons for the proposed amendment have been tabled in the council of the municipality or, in the

case of a municipal entity, in the council of its parent municipality; and(b) the local community—

(i) has been given reasonable notice of the intention to amend the contract or agreement; and(ii) has been invited to submit representations to the municipality or municipal entity.

43

Notices about the proposed amendments was placed in the Langeberg Bulletin and Zuid Courant on Friday, 7 October 2016. At the closing date and time on 14 October 2016 at 12:00 no objections were received. However, one late complaint per email was received from Mr. Marthinus Pieterse as follows:

“Hiermee beswaar, gepaard met voorlegging tov die voorneme van die Munisipaliteit om die diensvlakooreenkoms met Asla Constructions (Pty) Ltd uit te brei. Die publiek kan nie beswaar maak teen n ooreenkoms waarvan die inhoud nie aan hul bekend is nie. Ons sal graag wil verneem watter inpak dit op die plaaslike ekonomie gaan inhou. Ons is van voorneme dat hierdie tipe diensvlakooreenkomste die trippel uitdaging van armoede, ongelykheid en werkloosheid moet inag neem. Ons stel voor dat kwessie breedvoerig deur die Raad gedebateer word.

Groete

Marthinus Pieterse Box 71110 Disa Street Swellendam 6740 “

However, it must be emphasized that the above complaint is not valid due to the late submission thereof and also that the content of it is meaningless.


From annual Department of Energy Allocations for electrification and counter funding may be applicable


None


None



None


None


None


44

None

Municipal Manager

None

RECOMMENDATION

1. That Council take cognisance of the late objection of Mr. Pieterse.2. That Council take cognisance of the amendment of the service level agreement between

Swellendam Municipality and Asla Construction (Pty) Ltd.

RESOLVED A214/28/10/2016

1. That Council take cognisance of the late objection of Mr. Pieterse.2. That Council take cognisance of the amendment of the service level agreement between

Swellendam Municipality and Asla Construction (Pty) Ltd.

10 MINUTES OF COMMITTEES AND AD HOC COMMITTEES

That cognisance be taken of the following minutes:

10.1 Minutes of the Mayoral Committee Meeting held on 22 June 2016.

11 CONFIRMATION OF MINUTES

Rules of Order regulating the conduct of Meetings of the Council of the Municipality of Swellendam (Provincial Gazette 6347 dated 3 March 2006)PART 3: MEETINGS13. Minutes

(1) The municipal manager must compile the minutes of the proceedings of meetings in printed form.(2) The minutes of a meeting must be confirmed by the council at the next meeting and signed by the speaker.(3) The minutes shall be taken as read, for the purpose of confirmation, if a copy thereof was sent to each member

within a reasonable period before the next meeting.

The following minutes are distributed as a separate document for confirmation:

11.1 Minutes of a Ordinary Council Meeting held on 29 September 2016.

RECOMMENDATION

1. As the minutes of the abovementioned meeting were sent to each councillor within a reasonable time prior to the meeting, the minutes of the abovementioned minutes be taken as read and confirmed.

Proposed by Cllr. N.G. MyburghSeconded by Clr. A.M. Pokwas

RESOLVED

45

1. That the minutes of the Council meeting as held on 29 September 2016, which was circulated prior to the meeting, be taken as read and confirmed:

12 MATTERS ARISING OUT OF THE MINUTES

THE MAYOR LEAVES THE MEETING AT 12:20 WITH PERMISSION OF THE SPEAKER.

Rules of Order regulating the conduct of Meetings of the Council of the Municipality of Swellendam (Provincial Gazette 6347 dated 3 March 2006)PART 3: MEETINGS13(4). The speaker shall declare that the minutes is open for discussion as soon as the mintues is confirmed.

Minutes of the Council meeting held on 29 September 2016.

12.1 Matters arising out of the minutes: Item A175: Appointment of representatives on Salga – Western Cape:

That the following members of the ANC be appointed to serve on the SALGA Working Groups and be added as point two to the Council resolution Item A175: Resolved: (a) Econonomic Development , Planning Working Group: Cllr. G. Libazi(b) Municipal Finance and Admin Working Group: Cllr. J. C. Nortje(c) Community Development Working Group: Cllr. M.T.A. Swart(d) Municipal Infrastructure and Services Working Group: Cllr. J.C. Nortje(e) Human Resource Development Working Group: Cllr. M.G. du Plessis(f) Governance, Intergovernmental Relations and international Relations Working Group:

Cllr. J.A. Matthysen

12.2 Matters arising out of the minutes: Item A184: Resubmission: Barrydale Hospice: Application to purchase the Old Age cottages and part of the property in Barrydale

(a) That cognisance be taken of the comments of the Director Corporate Servcies that the advertisement will was placed in todays paper and that further details will be reported to Council in January 2017.

(b) That the application of Mrs Potgieter has been renewed fro two years.

13 CONSIDERATION OF MATTERS OF EXIGENCY

Rules of Order regulating the conduct of Meetings of the Council of the Municipality of Swellendam (Provincial Gazette 6347 dated 3 March 2006)PART 7: RULES OF DEBATE29. Matters of exigency

(1) A member can prior to the commencement of a meeting direct the attention of the speaker to any matter which does not appear on the agenda and of which no previous notice has been given, for consideration during the meeting.

(2) The speaker must use his own discreetion to decide if the matter must be considered or not during the meeting in terms of subsection (3).

(3) Urgent matters must be of such a nature that it will receive the approval of the council or that it will not elicit any discussion or only serve as information to members.

None

14 CLOSURE

46

Meeting adjourns at 12:25.

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financial implications - swellenmun.co.za 10... · web viewi concur with the recommendation as...

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