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(JM)KD(2009-02-10)(SZ)[#69640v1]2009-02-11
ETHEKWINIMUNICIPALITY
DECISION / ACTION CERTIFICATE
AT THE EXECUTIVE COMMITTEE MEETING HELD ON 2009-02-10 THE FOLLOWING DECISIONS WERE TAKEN AND THE ACTIONING THEREOF AND BY WHOM ARE INDICATED BELOW:-
ITEM/PAGE / DECISIONS / ACTION / FOR
INFORM.
• / APPLICATIONS FOR LEAVE OF ABSENCE (4/2/3)
Noted that Councillor Z R T Gumedehas tendered an apology for not attending the meeting. / N.A.R
R1 / REPORT OF ECONOMIC DEVELOPMENT AND PLANNING COMMITTEE : MEETING HELD 0N 2009-02-05
1. / Notice of Motion: Disregard for Existing By-Laws: Councillor T Stokes : Seconded by Councillor T P Collins (11/10/1):
(Page 22)
RESOLVEDthat the Head : Development Planning , Management and Environment be requested to give a presentation as a matter of urgency to both the Economic Development & Planning and Health, Safety & Social Services Support Committees on the various matters of concern as mentioned in Councillor T Stokes Notice of Motion. / Head : Development Planning, Management and Environment / Veena Naidoo
2. / Report on Containers and Itinerant Policy (3/1/1/2):
(Page 23)
Executive Committee Member Steenhuisen pointed out that the DA opposed the report based on the fact that the existing business
Ownerswere not protected by the Iterant Traders Strategy.
With Executive Committee Members Gaillard and Steenhuisen abstaining, it was
RESOLVED:
- That the proposed Container Traders and Itinerant Traders Strategy be adopted as a management tool to be used by Business Support Unit to regularize and improve the management and enforcement of Container trading and itinerant trading within the eThekwini Municipality.
- Subject to approval of 1. above, the Head: Business Support and Markets Unit be requested to keep the Economic Development & Planning Committee informed of progress with regards to implementation of the above process.
3. / Report on Women Empowerment (3/1/1/2):
(Page 92)
RESOLVED:
- That the Head : Business Support and Markets Unit is authorised to proceed with plans towards the implementation of the Women Empowerment Programme for the eThekwiniMunicipality.
- That subject to .1 above the Head : Business Support and Markets Unit undertakes to keep the Committee informed of progress on the Project.
4. / Report on Transfer of Funds to Trade Point South AfricaDurban (3/1/1/2):
(Page 99)
RESOLVED TO RECOMMEND
1. That the Head : Business Support and Market Unit (BSMU) be authorized to transfer the sum of R1 000 000to Trade Point South Africa Durban in terms of the Memorandum of Agreement dated 2006-06-30 and Section 67 of the Municipal Finance Management Act, Act No. 56 of 2003.
2. That subject to the approval of .1 above, the Head: Business Support and Markets be given authority to monitor the work and report back to the Committee in terms of the Memorandum of Agreement dated 2006-06-30 and Section 67 of Municipal Finance Management Act No. 56 of 2003.
Vote Number 26342.11541 R1 000 000 Provided 2008/2009
FC: 32/03 / Council (NM) / Head: Business Support
R3 / REPORT OF INFRASTRUCTURE COMMITTEE : MEETING HELD ON 2009-02-03
1. / Work In Excess Of R500 000 : Installation of Feeder Cables from Dalton Road Major to KingEdwardHospital and Sydney Road Distribution Substations DLNO. 595445/A0 (11/3/2/1):
(Page 1)
RESOLVED TO RECOMMEND that to incur this expenditure estimated at R 5 419 250 through the normal goods and services procurement process, in order to provide for an improved quality of electrical supplies in the above area, authority be granted to the Head : Electricity to execute the necessary instruction.
(Project Number SD0019 : R5 419 250 provided in 2009/2010 Capital Estimate; FC79/CA940) / Council (NM) / Rosemary Naidoo
2. / Work In Excess Of R500 000 : Medium Voltage New Supply : No 1 Ashgate Road : SouthgateIndustrial Park : Umbongintwini : Drawing No. 661055 (11/3/2/1):
(Page 2)
RESOLVED TO RECOMMEND that to incur this expenditure estimated at R1 849 355 through the normal goods and services procurement process, and in order to supply electricity at industrial development No. 1, Ashgate road, Umbogintwini, authority be granted to the Head : Electricity, to install approximately 1900metres of medium voltage cables and 700 metres of pilot cables and commission a distributor substation.
(Project Number SD00025, R1 849 355 provided in the 2008/2009 Capital Estimates; FC79/CA 442) / Council (NM) / Rosemary Naidoo
3.
3 (Cont.) / Proposed Installation of an Additional Two 30 MVA 132/11kv Transformers and Switchboard Replacement at Umlazi 132/11 kV Substation (11/3/5):
(Page 3)
RESOLVED TO RECOMMEND :
1.That in order to cater for the expanding residential and commercial developments in the greater Umlazi area, authority be granted to the Head : Electricity to proceed with the installation of an additional two 30MVA 132/11kV transformers and associated equipment, the extension of the 11kV switchboard and the extension of the switchroom and substation yard at the Umlazi 132/11kV substation at a total estimated project cost of R 42 730 000.
2.That, subject to the approval of .1 above, the Head : Real Estate be authorized to negotiate for the acquisition, expropriation or lease, if necessary, of the necessary site and/or servitudes.
3.That subject to the adoption of .2 above, and in the event of a property owner being able to satisfy the Head : Real Estate that apportion of the entire property is adversely affected by the acquisition , the Head : Real Estate be authorized to acquire a portion or the entire property if necessary.
4.That subject to the adoption of the above recommendation and in order to meet the expenditure mentioned therein, authority be granted for R 26 384 000 and R16 346 000 to be provided in the 2009/10 and 2010/11 capital estimates, respectively.
(Vote : 80694; Project : TM 0087. R 26 384 000 and R16 346 000 to be provided in the 2009/10 and 2010/11 financial years, respectively; FC 79/CA 921). / Council (NM) / Rosemary Naidoo
4. / Major System Improvements : Proposed New Transformers at Umbongintwini (11/3/5):
(Page 5)
RESOLVED TO RECOMMEND :
1.That the Head : electricity be authorized to proceed with the establishment of four new transformers at Umbogintwini Substation at a total cost of R 58 180 000,. Account Code 80604 of the capital estimates of the Electricity Service.
2.That, subject to the adoption of .1 above, the Head : Real Estate be authorized to acquire any necessary sites and servitudes by negotiation or expropriation, if necessary.
3.That subject to the adoption of .2 above, and in eth event of a property owner being able to satisfy the Head : Real Estate that a portion of the entire property is adversely affected by the acquisition, the Head : Real Estate be authorized to acquire a portion or the entire property if necessary.
(FC 79/CA849 : R3 107 000 be provided in the 2009/2010, R 21 483 000 be provided in the 2010/2011, R4 010 000 be provided in the 2011/2012 and R 29 576 000 be provided in the 2012/2013 financial years respectively). / Council (NM) / Rosemary Naidoo
6. / Acquisition of Sewer and Drain Servitude Over Rem of Portion 211(of 210) Cottonlands No. 1575 (Y1282) : WS2008/050 (9/1/5/1):
(Page 7)
RESOLVED that the Head : Real Estate be authorized to negotiate for the acquisition, by private treaty or expropriation, the sewer servitude required over the Rem of Portion 211 (of 210 Cottonlands No. 1575).
(Vote : 1.70600.11999; R100 000 (Provided in 2008-09) Block Sum FC: 11/CAO-100 000) / Head : Real Estate
7.
7 (Cont.) / Proposed Establishment of the Ridgeside 132/11 kV Substation :Amendment to Council Resolution dated 28/02/2007 (11/3/5):
(Page 8)
RESOLVED TO RECOMMEND :
1.That the Council resolution relating to the Umhlanga Ridgeside Substation dated 2007-02-28 be rescinded.
2.That, subject to the approval of .1 above, and in order to meet the anticipated load required for the residential and commercial developments proposed for the are known as the Umhlanga Triangle, and in order to replace the aged Umhlanga Rocks 33/11kV Substation, the Head : Electricity be authorized to proceed with the establishment of the 4 x 30MVA 132/11kV transformer Ridgeside substation and associated 132 kV supply cables and switching and control equipment, at a revised total estimated project cost of R 74 452 000.
3.That subject to the adoption of .2 above, the Head : Real Estate be authorized to negotiate for the grant acquisition or expropriation if necessary of the required site and servitudes and to cancel the existing Umhlanga Rocks Substation Servitude as soon as the Ridgeside Substation becomes fully operational and all existing loads from the Umhlanga Rocks Substation have been transferred to the Ridgeside Substation.
4.That subject to the adoption of .2 and .3 above, and in order to meet the expenditure mentioned therein, authority be granted for R1 131 000; R32 367 000 and R40 954 000 to be provided in the 2008/09, 2009/10 and 2010/11 financial years, respectively.
(Vote : 80621; Project : TM 0023: R1131 000, R32 367 000 and R40 954 000 (to be provided in the 2008/09, 2009/10 and 2010/11 financial years respectively; FC 79/CA 936). / Council (NM) / Rosemary Naidoo
8. / Sanitation Capital Budget 2008/2009 : Wastewater Block Sums Allocation : Proposed Projects : WS2008/081 (6/2/3 (2008/2009)):
(Page 14)
RESOLVED TO RECOMMEND :
1.That, subject to the approval of the necessary adjustment budget, authority be granted for the implementation of the block sum projects as reflected on Appendices 1, 2 and 3, attached to report WS2008/081 of the Head : Water and Sanitation dated 20081125, subject to the obtaining of quotations and tenders where necessary.
2.That subject to the adoption of .1 above, and in order to meet the additional expenditure in the 2008/09 financial year, the Deputy City Manager : Treasury be authorized to include in the Adjustments Budget Report the transfer of R 1 130 000 from the projects Y5751 (R5 000 000) and Y6291 (R2 130 000) to the projects listed in Appendices 1, 2 and 3 of report WS2008/081).
3.That subject to the adoption of .1 and .2 above, the Head : Real Estate be authorized to acquire and y pipeline servitude as well as any other necessary servitudes, wayleaves and encroachments and land by negotiation and/or expropriation as considered necessary.
4.That subject to the adoption of .1, .2 and .3 above, it is noted that these recommendations reflect compliance with all the requirements of Section 19 of the Municipal Finance Management Act as (a) the funds provided will not be committed for any other purposes, (b) there will be future operating and financing costs of approximately R4 050 200 per annum and, (c) there will be no tax and tariff implications other than normal sewer rates.
(Cost Centre : As listed; R7 130 000(To be met by vote transfer in 2008/09 via Adjustments Budget)
R21 800 000 (Funded from Block Sums Y6237, Y6238 and Y6239)
Project No. : As listed; F.C. Number :65/C**) / Council (NM) / Tarryn Bartholomew
1 / CONFIRMATION OF MINUTES: MEETINGS HELD ON 2009-01-20 AND 2009-01-27
RESOLVED that the minutes of the Executive Committee meeting held on 2009-01-20 and 2009-01-27, as circulated and taken as read, be and they are hereby confirmed. / N.A.R
• / MATTERS ARISING
Executive Committee Member Gaillardpointed out that theoutstanding issues were not included on the agenda. The City Manager advised that the outstanding matters schedule in the future will form part of the agenda. NOTED. / Secretariat
22 / RENEWAL OF LEASE AND REVISION OF RENTAL : SPARKS ESTATE MEMORIAL COMMUNITY CENTRE : 48/52 ST THERESA ROAD (9/3/6/1)
RESOLVED TO RECOMMEND:
1.That the lease held by the Sparks Estate Memorial Community Centre in respect of Portion 57 of 810 Brickfield, Registration Division FT in the Durban Entity, Province of Kwazulu Natal, in extent 4305m² as depicted on Diagram SG No. 979/58 be renewed for the period commencing 31 October 2008 and expiring 30 October 2009 at a rental of R308 per month for the first year escalating thereafter by 10% per annum for the ensuing 4 years. The rental and rate of escalation shall be subject to review after each 5 year period.
2. That subject to the adoption of 1. above all costs of documenting the renewal of lease be borne by the Lessee. / Council (NM) / Keith Mathias
26 / LANDSDOWN ROAD MEREWENT : HOUSING PROJECT (WARD 67) (13/2/1)
Discussion ensued whereon Councillor Gaillard pointed out that the report that was tabled had conflict in detail when comparing it to the initial report dated 2003-04-29 that was submitted. He further indicated that there were discrepancies in the actual number of flats that were to be built, initially the number was 138 but according to the latest version the number was 128. And that the people were of the view that duplexes were to be built not flats.
Clarity was provided by the Executive Committee Member S N Gumede that the outcome of the social survey that was undertaken indicated that people wanted flats not duplexes.
After a lengthy discussion with the DA abstaining, it was
RESOLVED TO RECOMMEND:
1.That authority be granted to proceed with the construction of 128 flats at Landsdown Road, Merewent, at an estimated cost of R35 million;
2.That subject to the adoption of .1 above and subject to the approval of the MEC Housing in terms of the Housing act 107 of 1997, approval be granted to utilize R14.5 million as a Grant from the Housing Development Fund (HDF) to fund the development;
3.That subject to the adoption of .1 and .2 above, that Council accepts the donation of R15 million from ENGEN free of any encumbrance;
4.That subject to the adoption of .1, 2, and .3 above, an application be submitted to the KZN Department of Housing for Project Linked Subsidies amounting to R5,5 million.
5.That subject to the approval of the MEC Housing, in terms of the Housing act 107 of 1997, authority be granted to dispose of the flats to the tenants of Tara Road at no cost.
(BU H3085; Landsdown Road, Merewent Rental housing Project.
Project Linked Subsidies from DoHR 5,5 million
ENGENR15,0 million
Housing Development Fund (HDF) R14,5 million
R35 million;
F.C. Number : 40/02/09). / Council (NM) / Head : Housing
Rabia Ismail
29 / RATES POLICY 2009/2010 (6/4/P)
Executive Committee Member Steenhuisen, acknowledged the work undertaken by officials and noted that the all the amendments wereincorporated, however he was of the view that the report would be tabled to Party caucuses first before submitting it to thepublic for comments.
The City Manager explained that the Policy would be taken to Party Caucuses during the consultation process; thereafter the report will be submitted to the Executive Committee after the public comments have been filteredthrough including those from Party Caucuses.
RESOLVED that the Rates Policy for 2009/2010, be approved in principle by the Executive Committee in order for the Deputy City Manager : Treasury to submit the policy to the public for comment in terms of Section 4 of the Municipal Property Rates Act (MPRA). / DeputyCity Manager : Treasury / Louis Kruger
48 / REMAINDER OF ERF 1361 RESERVOIR HILLS : 17 HAYDEN ROAD : PROPOSED AMENDMENT TO THE RESERVOIRHILLSTOWN PLANNING SCHEME IN THE COURSE OF PREPARATION : PROPOSED REZONING FROM EDUCATION 1 TO GENERAL RESIDENTIAL 2 (10/7/4)
RESOLVED:
1.That in terms of Section 47 bis A (4) of the town Planning Ordinance, 1949 (Ord No 27 of 1949) (as amended), the amendment to the Reservoir Hills Town Planning Scheme in the course of preparation by rezoning of Remainder of Portion 1361 Reservoir Hills, located at 17 Hayden Road, from Education 1 to General Residential 2, be approved for the following reasons:
▪Planning Need and Desirability for the rezoning of the site has been adequately demonstrated.
▪The current zoning is not considered appropriate.
▪The proposed zone would not have negative impact nor any loss of amenity.
▪The proposal is in line with council’s policy for densification and a suitable mix of residential developments.
2.That in the event that a Retirement Centre is constructed, a Frail Care Facility shall be constructed in the first phase of the construction of the development. / Head : Development Planning, Management & Environment / Veena Naidoo
67 / GRANT FUNDING FOR STORM DAMAGE IN JUNE 2008 AND ATTACKS ON FOREIGN NATIONALS IN MAY/JUNE 2008 (6/7/P)
RESOLVED TO RECOMMEND:
1.That Council should accept the grant funding from the provincial Department of Local Government and Traditional Affairs in respect of;
1.1Rehabilitation processes following the coastal flooding of June 2008, and
1.2The interventions following the attacks on foreign nationals in My-/June 2008.
2. That in future the City Manager be authorized to sign the grant funding agreements, it being recorded that the quarterly report on all signed agreements be submitted to the Executive Committee for information. / Council (NM) / City Manager
Carron Dove
89 / REVIEW OF TARIFFS : CITY HALL HIRE 2009/2010 (6/5/2/1)
RESOLVED TO RECOMMEND:
1.That the Council of the eThekwini Municipality resolves in terms of Section 75A of the Local Government Municipal Systems Act of 2000 (Act 32 of 2000) that with effect from 2009-07-01 the tariffs set our in Annexure “A” of the report by the Head : City Hall Administration and Secretariat dated 2009-01-15 will be levied in respect of the hire of City Hall.
2.That subject to the adoption of .1, above, the City Manager be directed to comply with the provisions of Section 75A (3) and (4) of the said Act. / Council (NM) / Manager : City Hall Support
96 / INCREASE IN TARIFF FOR REVENUE CLEARANCE CERTIFICATE FEE (6/5/2/2)
A concern was raised in that there should be a quality control management in place to ensure that complaints from the public are being minimized and dealt with accordingly, in that regard it was proposed that such incidents should be channeled to the City Manager and Deputy City Manager: Treasury.
RESOLVED TO RECOMMEND:
1.That the Council of the eThekwini Municipality resolves in terms of section 75A of the Local Government Municipal Act of 2000 (Act 32 of 2000) that with effect from 2009-07-01 the tariffs, set out in Annexure “A” attached to the undated report of the Deputy City Manager : Treasury, will be levied.
2.That subject to the adoption of .1 above, the City Manager be directed to comply with the provisions of section 75A(3) and (4) of the said Act. / Council (NM) / DCM : Treasury
98
98 (Cont.) / AUTHORITY TO CONSTRUCT WATER PROJECTS WS2008/079 (6/3/7)
RESOLVED TO RECOMMEND:
1.That, subject to the invitation of tenders or quotations where necessary, authority be granted to proceed with the projects listed in the Head : Water and Sanitation Service Report No. WS2008/079 dated 2009-01-27.
2.That subject to the adoption of .1 above and in order to meet the excess expenditure on Rezoning, authority be granted to the Head : Treasury Expenditure to include in his Adjustment Budget Report the transfer of R646 000 from Private Developments block sum to Rezoning block sum in the 2008/09 financial year.
3.That, subject to the adoption .1 and .2 above, the Head : Treasury Expenditure be authorised to include in his Adjustment Budget Report the transfer of funds from the Capital Block Sum Projects to individual projects as reflected in the Report No. WS2008/079 dated 2009-01-27.
4.That, subject to the adoption .1, .2 and .3 above, the Head : Real Estate be authorised to negotiate for the acquisition of, or to expropriate if necessary, the servitudes and/or land required for construction of the water infrastructure for the projects in question.
Rezoning Projects - Various / R646 000 / To be met by Vote Transfer 2008/09 (Project No. X4220)
Private Development Projects - Various / R284 000 / To be met by Vote Transfer 2008/09 (Project No X4213)
Relays & Extension Projects – Various / R4 936 000 / To be met by Vote Transfer 2008/09 (Project No X4217)
Pumps / R200 000 / To be met by Vote Transfer 2008/09 (Project No X4216)
Pump Station Upgrades / R320 000 / To be met by Vote Transfer 2008/09 (Project No X4215)
Labour Based Construction – Housing Projects - Various / R7 908 000 / To be met by Vote Transfer 2008/09 (Project No X4257)
Unicity Water Dispensers Installation Projects – Various / R104 000 / To be met by Vote Transfer 2008/09 (Project No X4247)
Cost Centres : 29100 and 29200
Project Nos : Various; F.C. No. : 64/C23. / Council (NM) / Tarryn Bartholomew
RAISED VERBALLY
PROPOSAL TO CONVENE EXECUTIVE COMMITTEE MEETINGS ON A FORTNIGHTLY BASIS (4/3/1/1)
(Raised verbally)
With the upcoming national and provincial elections getting close and parties gearing up on their campaigns, it was suggested that the meetings of the Executive Committee be held on a fortnightly basis instead of weekly to give members time with their parties of participate in the election campaigns.