- 1 -Council Decisions - 2015-06-24
KRR(2015-06-24)(SAM)[CHALL-132631]2015-07-02
COUNCIL DECISION CIRCULAR : MEETING HELD ON 2015-06-24
TO ALL DEPUTY CITY MANAGERS AND HEADS:
Attached please find decisions adopted by the Council at its meeting held on 2015-06-24.
Deputy City Managers and Heads are kindly requested to facilitate implementation of the decisions impacting their Clusters and Units within the applicable timeframes.
Kindly note that the word "ADOPTED" marked in bold at the end of the recommendation confirms that the item has been approved by Council and is ready for implementation. Other relevant status will be reflected at the end of the recommendation to indicate the position taken by Council on a particular item.
Should further information be required on any item on the Council agenda, kindly contact
Vishnu Ramsunder on Telephone No.(031) 311-2371 or through email.
1.FIRST REPORT OF THE COUNCIL: MEETING HELD ON WEDNESDAY, 2015-05-27
1.1SEMINAR 3 OF THE DIRECTOR DEVELOPMENT PROGRAMME: GOOD GOVERNANCE FOR SUSTAINABLE SERVICE DELIVERY (2/10/1/1/3 & 14/1/1)
(Page 46)
The City Manager presented a report comprising details of the Seminar to be held as part of continuous professional development in a bid to uphold the principles of good governance and achieve clean administration. He then circulated a page comprising financial details for this Seminar and advised that the Executive Committee was requested to give approval in this regard.
Given the budget allocated for Presenters, the Executive Committee Member Mncwango enquired the exact rate to be paid to them since they had already been confirmed in the programme included in the agenda. In response, it was advised that this was budget provision to cater for any expense that might be incurred fortheSeminar.
Accordingly
COMMITTEE RECOMMENDS:
1.1.1That Council supports the initiative driven by the eThekwini Municipality Audit and Risk Assurance Services (EMARAS) in partnership with the Municipal Institute of Learning (MILE) and the Corporate Human Resources Unit to host Seminar 3 of the Director Development Programme intended at advancing the principles of good governance and achieving clean administration, which Seminar is to be attended by the political and administrative leadership on 10 June 2015 at the Moses Mabhida Stadium under the theme, “deepening understanding and cultivating common ethos in translating good governance for sustainable service delivery whilst leading in a highly regulated environment: challenges and opportunities."
1.1.2That Council approves expenditure in the amount of R207224.00 (Two Hundred and Seven Thousand Two Hundred and Twenty Four Rand Only) to be incurred for the Seminar, as per the details contained in the table below:-
NO. / COST ITEM / ESTIMATED COSTS1. / Venue Hire inclusive with breakfast at Moses Mabhida and Networking Lunch / R127224.00
2. / Travelling costs including accommodation / R15000.00
3. / Token of appreciation / R5000.00
4. / Where necessary presentation fee / R50000.00
5. / Printing fees / R10000.00
Seminars and Training Vote Number: 10471.10382
FC No.: 12/31
Costs to be shared amongst EMARAS, MILE and Corporate Human Resources.
ADOPTED by majority vote
1.2REQUEST FOR THE ACQUISITION OF LAND TO REGULARISE ENCROACHMENT OF THE PORTION OF TONGAAT MARKET (17/2/1//1/2)
(Page 65)
With the City Manager having advised that the privately owned land to be acquired was the only one available for the purposes of a market,
COMMITTEE RECOMMENDS:
1.2.1That, in order to regularise encroachment of the portion of Tongaat Market building over privately-owned Erf 2065 Tongaat, authority be granted for the Head: Real Estate to acquire the portion of the market building, as reflected on the existing PlanSJ 4647/7.
1.2.2That subject to the approval of .1 above, it be noted that the approval of the Bid Adjudication Committee will be sought to deviate from the Supply Chain Management Regulations to negotiate directly with the property owner for the acquisition of the property in question using Section 36 (1)(a)(ii) of the Supply Chain Management Regulations.
1.2.3That in the event of negotiations being unsuccessful the Head: Real Estate be authorized to expropriate the affected property.
1.2.4That in the event of negotiations being successful, the City Manager record reasons for the deviations and report at the next meeting of the Council and include the reasons as a note to the Annual Financial Statements in terms of Section 36(2) of the Municipal Supply Chain Management Regulation.
ADOPTED by majority vote
1.3REPORT OF ECONOMIC DEVELOPMENT AND PLANNING COMMITTEE: MEETING HELD ON 2015-05-07
(Page R1)
1.3.1Request for Authority to Adopt the Durban Climate Change Strategy (32/2/2):
(Page 10 :Economic Development and Planning Committee - Agenda 2015-05-07)
COMMITTEE RECOMMENDS:
1.3.1.1That the Durban Climate Change Strategy attached to the report by the City Manager dated 20141021 be adopted for implementation, which strategy seeks to create an enabling environment for the City to mitigate Climate Change challenges under the following themes: water; sea level rise; biodiversity; food security; health; energy; waste and pollution; transport; economic development; knowledge generation and understanding.
1.3.1.2That the Executive Committee notes that the costs of implementing the strategy will be determined by various Units responsible for responding to the identified themes as and when implementation occurs.
ADOPTED, with ACDP dissenting
1.4REPORT OF HUMAN SETTLEMENTS AND INFRASTRUCTURE COMMITTEE: SPECIAL MEETING HELD ON 2015-04-22
(Page R2)
1.4.1Work in Excess of R500 000: Electrical Reticulation :Nkwali Phase 1: Drawing Number 2529970 (27/2/R):
(Page 77 : Human Settlements and Infrastructure Committee - Agenda 2015-05-05)
COMMITTEE RECOMMENDS:
That authority be granted for the Head: Electricity to incur expenditure estimated at R2 965 000.00 (Two Million Nine Hundred and Sixty Five Thousand Rand Only) through the normal goods and services procurement processes, in order to provide a supply of electricity to the 132 new customers at the Nkwali rural area, bycommissioning thirteen new pole transformers, upgrading existing and constructing new overhead reticulation.
Project Number EFAFMLOH: Account Code 80035 : R2 965 000.00
Provided in the 2014/2015 Capital Estimates
FC 79/CA1551
ADOPTED.
1.4.2Proposed Acquisition and Registration of a Temporary Right of Way Servitude for Access to 132 kV Hillcrest - Waterfall Towers Located on Halkirk Farm (17/2/1/1/2):
(Page 78 : Human Settlements and Infrastructure Committee - Agenda 2015-05-05)
COMMITTEE RECOMMENDS:
That authority be granted for the Head: Real Estate to negotiate for the acquisition or expropriation, if necessary, of the temporary right of way servitude required for access to 132kV towers situated over portions 485 and 486, both of Erf 337 of Farm Albania No. 957 per SJ Plan 4628/1.
Account Code 80002R231 000.00Provided in 2015/2016
FC No.: 79CA1316
ADOPTED.
1.4.3Establishment of a Revised Restructuring Zone in eThekwini Municipality for Social Housing Projects (21/8/3 & 22/7/1/1/2):
(Page 80 : Human Settlements and Infrastructure Committee - Agenda 2015-05-05)
The Executive Committee noted that during the meeting of the Human Settlements and Infrastructure, 28Councillors present, Councillors (ANC - 17, DA – 07, NFP01, MF - 01 and Independent 01) voted in support of the recommendations and 01 IFP Councillor abstained. The recommendations were, by the majority vote, adopted.
During discussion of the item at the Executive Committee meeting, the Executive Committee Member Nkosi recorded his abstention until he obtains feedback from his party on this matter. The Executive Committee Member De Boer expressed appreciation that there was an undertaking to involve other role players for social housing projects. He was of the view that this would provide for healthy competition and ultimately result in getting good quality product.
COMMITTEE RECOMMENDS:
1.4.3.1That authority be granted to adopt the revised Restructuring Zone for Social Housing projects in eThekwini Municipality as it aligns with the Dense Urban and Suburban Integrated City Development Grant (ICDG) Zones, it being noted that the objective of the ICDG is to support the development of more inclusive, liveable, productive and sustainable urban built environments.
1.4.3.2That subject to the adoption of .1 above, authority be granted for the Head: Human Settlements to enter into any relevant agreements and/or Memorandum of Understanding with the National and/or Provincial Departments of Human Settlements as well as with any other designated role-players as identified in order to effect the above.
Recommendations AMENDED in 1.4.3.2 above by the deletion of the words and designation “for the Head : Human Settlements”and by the substitution therefor of the words and designation “to the City Manager” to read as follows:
“1.4.3.2That subject to the adoption of .1 above, authority be granted to the City Manager to enter into any relevant agreements and/or Memorandum of Understanding with the National and/or Provincial Departments of Human Settlements as well as with any other designated role-players as identified in order to effect the above.”,
and thereafter ADOPTED.
1.4.4Project Authority : Upgrading of TRK 84143- Adams Mission in Ward 96 (25/4/2):
(Page 88 : Human Settlements and Infrastructure Committee - Agenda 2015-05-05)
COMMITTEE RECOMMENDS:
That authority be granted for the Head: Engineering to upgrade Road TRK 84143 in Ward 96 using funds previously allocated in the 2014/15 and 2015/16 financial years to upgrade Shozi Road in Adams Mission since this Road has already been upgraded to an asphalt surface by the Roads and Stormwater Maintenance Department.
Vote : P9464 – 1.72510.49300R2000000.00(Provided 2014/2015 declared as Savings)
R2351000.00(Provided 2015/2016)
R2000000.00(To be provided 2015/16 via adjustment budget)
FC No.: 49/C072
ADOPTED.
1.5REQUEST FOR AUTHORITY TO ATTEND SOUTHERN AFRICAN EMERGENCY SERVICES INSTITUTE (SAESI) TOURNAMENT: NETBALL, SOCCER AND VOLLEYBALL (13/7)
(Page L3)
The Deputy City Manager: Community & Emergency Services made reference to the approval given for the Fire and Emergency Unit Sports Team to participate in the SAESI Tournament from 15 to 16 May 2015 in Cape Town. He then advised that due to the various codes of sport being played in different areas of Cape Town and taking cognizance of the distance between venues, the Unit was now requesting authority to utilise Council’s mini bus taxis (two quantums and a sprinter), one caddy vehicle and trailer, rather than a Council bus, for the conveyance of Municipal personnel to and from the event. In that regard, he made reference to the Executive Committee minutes dated 2015-04-28, relative to the above matter and requested that recommendation 8.4 which made reference to the use of Council bus should be substituted with the following recommendation, as contained in the report tabled inthis meeting:-
"That authority be granted to use Council vehicles, i.e. three (3) minibus taxis (two quantums and a sprinter), one (1) one caddy vehicle and a trailer, out of Province for the conveyance of Municipal personnel to and from the event."
The Committee supported the amendment, it being noted that there were no changes in financial implications and that the transport to be used would still be sourced from the Municipal fleet.
Accordingly,
COMMITTEE RECOMMENDS:
That, in view of the changes in the nature of transport to be used to transport the Fire & Emergency Unit Sports Team to the Southern African Emergency Services Institute Tournament in Cape Town, recommendation 4.1 contained in the Council minutes dated 2015-04-30 and which makes reference to the use of the Municipal bus, be replaced with the following recommendation: "That authority be granted to use Council vehicles, i.e. three (3) minibus taxis (two quantums and a sprinter), one (1) one caddy vehicle and a trailer, out of Province for the conveyance of Municipal personnel to and from the event."
ADOPTED.
1.6REPORT OF THE GOVERNANCE AND HUMAN RESOURCES COMMITTEE: MEETING HELD ON 2015-05-07
(Page R1)
1.6.1Request by Government Department to Lease Accommodation at Certain SizakalaCentres (17/2/2/5/2):
(Page 71 : Governance and Human Resources Committee - Agenda 2015-05-07)
The Committee expressed the view that all other SizakalaCentres should be afforded a similar opportunity to enter into lease agreements with Government Departments to enhance service delivery.
With the Executive Committee being in concurrence,
COMMITTEE RECOMMENDS:
1.6.1.1That authority be granted for the Head: Real Estate to enter into lease agreements by private treaty with the Departments of Social Welfare; Home Affairs; and South African Social Security Agency (SASSA) for use of premises at SizakalaCentres in Lamontville; Chesterville; and Tongaat, for such periods as may be deemed necessary to enable the aforementioned Departments to facilitate service delivery specified hereunder:-
NAME OF DEPARTMENT / NAME OF SIZAKALA CENTRE / PURPOSE FOR WHICH THE ACCOMMODATION IS REQUIRED FORDepartment of Social Development / Lamontville / To erect a park home to provide social services to the local community.
Chesterville / To erect a park home to provide social services to the local community.
Thongathi (Tongaat) / To provide social services to the local community.
SASSA / Lamontville / To erect a park home for payment of social grants.
Home Affairs / Mpumalanga / To provide all relevant services provided by Home Affairs.
1.6.1.2That, subject to the adoption of .1 above, authority be granted for the Head: Real Estate to sign all documentation on behalf of the Municipality in respect of the lease agreements to be entered into with Government Departments.
With the word “Governance” in the heading having being amended to “Government” the above recommendations were ADOPTED.
1.6.2Durban Communications and Marketing Exchange (12/5/R):
(Page 73 : Governance and Human Resources Committee - Agenda 2015-05-07)
COMMITTEE RECOMMENDS:
1.6.2.1That authority be granted for the Head: Communications to implement the Durban Communications and Marketing Exchange including:-
1.6.2.1.1King Shaka International Airport Branding Project for a partnership with the Airports Company of South Africa which entails installing eThekwini Municipality branding to give the airport a truly Durban feel at no cost.
1.6.2.1.2Quarterly Durban Communications and Marketing Exchange think tank sessions to provide a platform for the Municipality's key Departments in the communication and marketing field; municipal entities together with communications, marketing and corporate social investment professionals; business development and private projects promoters to discuss; strategise; and plan eThekwini's overall communications and marketing efforts especially when it comes to informational and social marketing.
1.6.2.1.3Durban Joint Marketing Forum which is the initiative of the eThekwini Municipality; TongaatHulett Development; and Trade and Investment KwaZulu-Natal aimed at coherent communication and marketing efforts.
1.6.2.1.4Clean and Maintain My City Programme which is an integrated Municipal programme aimed at tackling challenges such as litter; illegal dumping; by-law infringements; homelessness; loitering; illegal occupation of open spaces; inner city decay; illegal business operations in the CBD and residential areas; derelict; and illegally-occupied building.
1.6.2.1.5Durban Dialogue - Let's Talk Durban which is an online/offline communication initiative of the Municipality to drive the economic and social development agenda so that the eThekwini residents are aware and involved on issues which affect them.
1.6.2.2That authority be granted for the Head: Communications to incur expenditure in the amount of R170000.00 (One Hundred and Seventy Thousand Rand Only) to undertake the project referred to in .1 to .5 above.
Cost Estimates:-
Budget Item / CostVenue hire for 100 people (Including refreshments) / R120000.00
Multimedia Presentation / R50000.00
Total Cost / R170000.00
Vote No.: 10386.04484
ADOPTED by majority vote
1.6.3Report for Authority: the Adoption and Approval of the Durban Climate Change Strategy (32/2/2):
(Page 158 : Governance and Human Resources Committee - Agenda 2015-05-07)
The Governance and Human Resources Committee considered the above mentioned report of the City Manager dated 2014-10-21, the purpose of which was to initiate the process of implementing the responses outlined in the abovementioned strategy.
COMMITTEE RECOMMENDS:
1.6.3.1That the Durban Climate Change Strategy attached to the report by the City Manager dated 20141021, be adopted for implementation, which strategy seeks to create an enabling environment for the City to mitigate Climate Change challenges under the following themes: water; sea level rise; biodiversity; food security; health; energy; waste and pollution; transport; economic development; knowledge generation;
and understanding.
1.6.3.2That the Executive Committee notes that the costs of implementing the strategy will be determined by various Units responsible for responding to the identified themes as and when implementation occurs.
ADOPTED.
1.6.4EThekwini Municipal Ward Committee Skills Programme Close-Out Report (3/6/1):
(Page 424 : Governance and Human Resources Committee - Agenda 2015-05-07)
COMMITTEE RECOMMENDS:
1.6.4.1That the Graduation Ceremony of 630 competent Ward Committees members who have completed the Ward Committee Skills Programme, be approved.
1.6.4.2That the Recognition of Prior Learning (RPL) assessment be performed for new intake so as to save money on certain modules.
1.6.4.3That the training of outstanding Ward Committee Members, be considered.
1.6.4.4That strict non-attendance sanctions be established to curb wasteful expenditure due to poor attendance.
1.6.4.5That authority be granted for the Head: Skills Development to consider a centralised coordination and accountability.
ADOPTED.
1.6.5Turnaround Strategy for the Filling of funded Vacant Posts (2014/2015) (11/1/2):
(Page 428 : Governance and Human Resources Committee - Agenda 2015-05-07)
COMMITTEE RECOMMENDS:
That Council notes the initiative by the Deputy City Manager: Corporate & Human Resources as per the action plan contained in her report dated 2015-04-07, which basically detailed the recruitment drive, to address delays in filling vacant funded posts to eliminate high vacancy rate within the eThekwini Municipality.
ADOPTED.
1.6.6Distribution of eZasegagasini Metro (12/3/1/3):
(Page 446 : Governance and Human Resources Committee - Agenda 2015-05-07)
COMMITTEE RECOMMENDS:
1.6.6.1That the report by the Head: Communications dated 2015-03-17 relative to the new distribution of eZasegagasini Metro Newspaper to the community using Cooperatives, be approved.
1.6.6.2That the Head: Communications be granted authority to incur a total cost of R4.8Million per annum to cover cost for Co-operatives, Small and Medium Enterprises at an amount of R3.8 Million and newspaper collection, delivery and monitoring facilitator at an amount of R1 Million.
Vote No.: 10377.06550FC No.: 10
ADOPTED by majority vote
1.6.7Purchase of Additional Radio Programme Slots (12/2):
(Page 450 : Governance and Human Resources Committee - Agenda 2015-05-07)
At the Executive Committee level, the attention of the Committee was drawn to the fact that the rates for slots were informed by the extent of coverage of the radio station. Notwithstanding the rates, emphasis was put on the importance of keeping the local communities abreast of the developments within the City, in particular, as they pertain to service delivery. Confirmation was given that the budget for Ukhozi FM represented a series of 5 minutes slots.
COMMITTEE RECOMMENDS:
That authority be granted for the Head: Communications to incur expenditure in the amount of R2 055 000.00 (Two Million and Fifty Five Thousand Rand Only) to purchase new additional Radio Programme Slots in the mainstream media to publicize the Municipality's service delivery achievements and projects.