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					                                         15 / 2009

                                      MINUTES

of an Ordinary Council Meeting held in the Council Chambers, Main Municipal Office
Building, Swakopmund on Thursday, 26 February 2009 at 19:00


PRESENT:

Councillor GN Shitaleni   :     Chairperson
Councillor PD Rooi
Councillor R //Hoabes
Councillor P Kavita
Councillor T Shikongo
Councillor E //Khoaseb
Councillor S Motinga
Councillor P V Steinkopff
Councillor A //Gaseb

OFFICIALS:

Mr EUW Demasius           :     Chief Executive Officer
Mr MPC Swarts             :     GM: Corporate Services
Ms GHC Traut              :     GM: Finance
Mr MN Ipinge              :     GM: Community Development Services
Mr C Lawrence             :     GM: Health Services
Ms L Mutenda              :     Manager: Health Services
Mr A Plaatjie             :     Manager: Corporate Services
Mr E van Wyk              :     Manager: Planning
Mr V Kaulinge             :     Manager: Community Development Services
Mr H !Naruseb             :     Manager: Finance
Ms A Swart                :     Acting PRO/PA to the Mayor
Mr U Tjiurutue            :     Corporate Officer: Administration


ALSO PRESENT:
One (1) representative for Republikein , Seventeen (17) members of the public, two (2)
staff members receiving long service awards and one (1) staff member receiving a
retirement award.


1.       OPENING

         Pastor Harold Booysen opened the meeting with scripture reading and prayer.
                                               16 / 2009

2.      CONFIRMATION OF MINUTES
        (C/M 2009/02/26  -    A 2/3/5)
2.1     MINUTES OF AN                ORDINARY            COUNCIL       MEETING         HELD          ON
        29 JANUARY 2009
        On   proposal      of    Councillor          T     Shikongo       and      seconded          by
        Councillor P Kavita, it was –
        RESOLVED:
        That the minutes of the Ordinary Council Meeting held on
        29 January 2009, be accepted and approved as correct, subject to the
        following correction:

2.1.1   That point (a) under item 11.1.9 reads as follows:
        (a)    That the Addendum to the Deed of Sale in respect of Erf 4743, as
               table, be approved.

3.       APPLICATIONS FOR LEAVE OF ABSENCE
        (C/M 2009/02/26   -    A 2/3/1/4)
        Councillor J Ngolombe :             Approved

4.      INTERVIEWS WITH DEPUTATIONS OR PERSONS SUMMONED OR
        REQUESTED TO ATTEND THE MEETING
        None

5.      OFFICIAL ANNOUNCEMENTS, STATEMENTS AND COMMUNICATIONS
5.1     ANNOUNCEMENTS BY THE MAYOR AND CHAIRPERSON OF COUNCIL
        (C/M 2009/02/26 -    A 2/3/5)
                                                 QUOTED
                                     COUNCIL ANNOUNCEMENTS
                                       FOR FEBRUARY 2009
         Fellow Councillors, Pastor Harold Booysen, the Chief Executive Officer, General
         Managers, Managers, Officials, Junior Town Council, Members of the Media, Members
         of the Community, Ladies & Gentlemen

         Good evening and welcome to our Council meeting for February 2009.

         Ladies and Gentlemen:

         My office had the following commitments for February and was attended by myself or
         otherwise assisted by my fellow Councillors:-

         { Visit from SCORE Volunteers
         { Meeting with all Swakopmund Primary & Secondary School Principals regarding
           Council’s intended donation.
         { Visit from Mr Z Taalu– Presidents Regional Office.
         { Visit from the National Federation of Disability regarding sensitization of their daily
           challenges.
         { Attending a meeting with the Erongo Development Foundation.
         { Organizers of Miss Swakopmund Pageant.
         { Courtesy Visit from the Ambassador of the Republic of Zimbabwe, H.E. Chipo
           Zindoga
         { Visit from Ms Courtney-Clarke with regard to the Annual Math Signs Fair.
         { Attended the Swakopmund Secondary School’s Annual Prize-giving.
                                       17 / 2009

{ Marion Matheis of Pro-life made a visit regarding pornography display in town.
{ Councillor John Ngolombe attended the wreath laying ceremony at the Memorial for
  the Traditions verband.
{ Charlotte Shigwedha and a delegation visited the office regarding a women summit
  that will be hosted in the Erongo Region later this year.
{ Dr Beatrice Sandelowsky approached our office to assist with the compilation of a
  pamphlet regarding the Memorial Park.
{ A public meeting was held regarding building rubble and dumping in our residential
  areas.
{ The Mayor of Walvis Bay invited me to attend a Public Information Session on baby
  dumping and domestic violence.
{ And various other in-house meetings were attended after hours.

Ladies and Gentlemen:

It is a great concern to us and obviously to many parents who reside in Mondesa in
particular, to witness the unbecoming behaviour of some of our teenage children when
socializing at the newly established Mondesa Play Park. Although the intention of
Council to set up such facilities was appreciated, some observations were brought to
our attention:

o   That unfortunately some of our young people do not utilize the facilities for its
    intended purpose, but they have turned it in to a heaven for drug and alcohol
    abusers and many other social evils.

o   Some of our young people gather there with intentions to inflict bodily harm to
    innocent people whom they attack with sharp objects.

The Community is requested to collectively find amicable solutions to our social
challenges and parents have to take responsibility in educating their children regarding
public amenities and to encourage a culture of ownership.

Ladies and Gentlemen:

All residents of Swakopmund have the right to an environment which makes provision
for health, wellbeing and security. I believe that as a Council elected by the residents of
Swakopmund we have a duty to ensure that we maintain the environment in a clean and
tidy condition where our residents can roam freely without the fear of being subdued to
unhealthy conditions and transmissible diseases.


A public meeting was therefore held in the Mahetago Hall where related issues were
addressed and the community was requested to provide solutions to the deteriorating
environmental conditions in our town.

Despite concerted efforts from our Health Services to hand deliver 300 notices to
registered business owners in Mondesa, only two were present. It was however
delightful to have approximately 50 Shebeen owners at the meeting. We applaud them
for their commitment to improve on environmental issues geared to create better living
conditions for themselves and their children.

The residents present expressed their concerns in no uncertain terms which inter alia
included:-

v Expected improvement in the waste containment system referring to especially the
  implementation of the Skip System
v Provision of Improved public toilet facilities in specific areas to cut down on urinating
  in public.
v The control and regulating of shacks and the resulting ill health conditions attached
  to occupation of shacks.
v The control and effective maintenance of sewage lines
v Their willingness to participate in recycling projects to curb the dumping of refuse on
  open spaces.
v Increased law enforcement against illegal dumpers of waste and building rubble
                                       18 / 2009

The public is advised to be vigilant against illegal dumping and to ensure that their
residential areas are safe for their children by forming a partnership with the local
authority to report all activities that may be detrimental to their health and that may
counter Council’s ideals to keep Swakopmund the cleanest town in Namibia.

Ladies and gentlemen

We received an un-confirmed report that a pupil from one our Secondary Schools was
involved in baby dumping, recently!

Teenage and unwanted pregnancies are a common phenomenon these days but most
of them do not end up producing living humans as abortion is normally the solution
resorted to by many of its victims.

I believe that every single life is God given and would like to call on especially our
teenagers and school going children to abstain from sex and concentrate on their school
work so that one day, they can become progressive and constructive members of our
society.

I would also like to encourage the young girls that are confronted with unwanted
pregnancies to consider leaving their babies in the nearest hospitals rather than
dumping it, in so doing the child will be given a chance to live and some Good
Samaritan will take proper care of it.

Ladies and Gentlemen,
It is not my intention to preach this evening, however, this is issue is very close to my
heart and I believe that I am speaking on behalf of many other members of our Society
who share my point of view.

Effects of abortion are negative both in the long and short term and have negative
physical, psychological and spiritual consequences. Feelings of self-condemnation and
low self-esteem always exist in most post- abortion cases.

This will be fatal for any meaningful project that can drive one to committing suicide. Let
us not encourage and tolerate abortion and baby dumping.

Ladies and Gentlemen,

One other social evil that seems to be rearing its ugly head more frequently
in our community is that of domestic violence.

Domestic violence should not happen to anybody. Ever. Period. But it does -
and when it does, there is help. Maybe some of us have lived with abuse,
maybe it happened just once; maybe we work or live next to someone who is
being abused right now but we choose to turn a blind eye, it should be our
responsibility as human beings to care f or our f ellow humans and assist them
should these types of abuses be noted.

If we become aware that someone might be a victim of abuse - a friend,
family member, co-worker, client, patient or parishioner – we should consider
contacting the police and discuss ways to saf ely help them.

Ladies and gentlemen

Swakopmund is a town full of development potential and Council welcomes
development proposals from all parties interested to take our town to a higher level.
Council is in the process of reviewing their modus operandi pertaining to the alienation
of land.

I would also like to reiterate that we exercise an open door policy and we try always to
be transparent and therefore public meetings will be planned and the community will be
called for their input in this regard.

With that in mind, kindly be informed that our Council meeting for March 2009 will be
scheduled for Tuesday, 31 March 2009 @ 19:00 here in the Council Chambers.
                                             19 / 2009

5.2   LONG SERVICE AWARDS
      (C/M 2009/02/26 -   B 1/8)
      Her Worship, the Mayor, also announced as follows:
                                              QUOTED
      Long Service Awards:

      Ladies and Gentlemen

      We also have Long Service Awards and one retirement, and I would like to call the following
      staff members forward to come and collect their certificates:

      o   Christof Tjaimi                -       20 Years
      o   Matias Amunyela                -       20 Years
      o   Netope Netope                  -       10 Years
      o   Cornelius Isaak                -       10 Years

      And our retirement

      o   A Antsino                      -       31 Years & 8 months

      I wish these gentlemen many more years of good and healthy service to the community of
      Swakopmund. May God bless you richly.

      I thank you.

      Germina Ndapua Shitaleni
      MAYOR


6.    PETITIONS
      None.

7.    MOTIONS OF MEMBERS
      None

8.    ANSWERS TO QUESTIONS FROM MEMBERS OF WHICH NOTICE HAS
      BEEN GIVEN
      None

9.    FEEDBACK REPORT ON THE EXECUTION OF RESOLUTIONS TAKEN
      BY COUNCIL IN JANUARY 2009:
9.1   The feedback on the resolutions taken by Council on 29 January 2009 was
      noted.
                                                 20 / 2009

10.      REPORT TO COUNCIL ON RESOLUTIONS TAKEN BY MANAGEMENT
         COMMITTEE DURING FEBRUARY 2009
10.1     MINUTES OF AN ORDINARY MANAGEMENT COMMITTEE MEETING
         HELD ON 12 FEBRUARY 2009.
         (C/M 2009/02/26  -    A 2/3/5)
         RESOLVED:
         That the resolutions taken at the Ordinary Management Committee
         Meeting held on 12 February 2009 be noted.

11.      RECOMMENDATIONS BY THE MANAGEMENT COMMITTEE

11.1.1   ACQUISITION OF LAND FOR EXPANSION: ROSSMUND GOLF ESTATE –
         VALUATION
         (C/M 2009/02/26   -    N7/3/4/1)
         RESOLVED:
         (a)   That Council approves the alienation of a portion of Swakopmund Town
               and Townlands (±15.59 hectares) adjacent to the Rossmund Golf Course,
               indicated as Portion “A” on the plan (on file) to Rossmund Golf Estate at
               a selling price of N$80.00/m² (155 900m² x N$80.00 = 12 472 000.00) + 15%
               VAT (if applicable) based on the upset price for land sold in Tamariskia at
               N$35/m², in Ocean View at N$63/m² and Kramersdorf at N$100/m²
               excluding bulk services, provided that:
               (i)     That a detailed development plan be provided before any statutory procedures
                       are started with.
               (ii)    That the requirements regarding the alienation of immovable property as
                       prescribed in the Local Authorities Act 23 of 1992, (as amended), and the
                       Townships Ordinance 11 of 1963 respectively, be dealt with successfully.
               (iii)   The applicant to provide all infrastructure which includes an on site sewerage
                       plant for its own account and to the specifications of the Engineering Services
                       Department and Erongo RED.
               (iv)    No development be permitted to commence until the statutory disciplines have
                       been completed.
         (b)   That the following procedures also be applicable:
               (i)     That the applicant be responsible for all statutory disciplines to be completed
                       within 12 months from date of sale;
               (ii)    Completion of internal and external services within 24 months from date of
                       sale;
               (iii)   The whole development project must be completed within 48 months from
                       date of sale and if no development is made in terms of the conditions of the
                       agreement of sale the property shall revert to Council without any
                       compensation to the purchaser;
               (iv)    That the agreement of sale be concluded and signed within 12 months after
                       this resolution is received by the applicant, failing which the resolution will
                       lapse.
               (v)     That in terms of the Property Policy, a deposit of N$100 000.00 be required of
                       the applicant to cover all fees and costs to Council, within 90 days from date
                       of being informed of this Council resolution.
               (vi)    The purchase price to be secured by means of a bank guarantee payable on
                       date of transfer.
               (vii)   Submit total layout plans, indicating the infrastructure, details of the project as
                       well as the service demand for the intended project within 3 months of being
                       notified of the approval of the application.
                                            21 / 2009

         (c)   That the applicant indemnifies Council against any claims resulting from
               blasting.
         (d)   That the action referred to in (a) (iv), only be proceeded with once the
               deposit referred to in (b) (v), has been made.
         (e)   That all costs relating to the transfer of this Erf, (including but not limited
               to transfer duty, conveyancer's costs, compilation of Agreement of Sale,
               as well as any legal or other costs that may arise from this application),
               be for the applicant’s account.
         (f)   That all costs related to this transaction (advertising-, subdivision-,
               rezoning etc.) be borne by the applicant.
         (g)   That the applicant takes note that no rights will accrue to the applicant
               unless all the abovementioned conditions are complied with in full and all
               the relevant authorities have given the necessary permission, if
               applicable.

11.1.2   APPLICATION TO PURCHASE INDUSTRIAL ERF 3688, (EXTENSION 10),
         SWAKOPMUND
         (C/M 2009/02/26  -    Erf 3688, S)
         RESOLVED:
         That Erf 3688, Swakopmund, measuring 9 011m² be offered for sale to Messrs
         Refuse Solutions at a purchase price of N$1 734 617.50, subject to Council’s
         standard conditions of sale for private transactions.

11.1.3   LEASE OF LAND: PIZZA BOX
         (C/M 2009/02/26     -    N 7/3/1/2)
         RESOLVED:
         (a)   That Mr P Schneider be given the opportunity to lease the Pizza Box on
               Erf 2747, Swakopmund for a period of 9 years and 11 months.
         (b)   That the monthly rental shall be N$6 562.15 + 15% VAT = N$7 546.48 and
               be paid monthly in advance, with a 10% escalation annually as from July
               2009.
         (c)   That Mr P Schneider be responsible for all municipal services.
         (d)   That any extension or renewal of the lease will be entirely at Council’s
               discretion and on such terms as Council may prescribe.
         (e)   That Council reserves the right to cancel the lease if valid objections from
               the public are received.
         (f)   The lease is terminable by either party given or receiving 6 months
               notice.
         (g)   That the applicant shall indemnify Council and keep Council indemnified
               during the full period of this agreement against possible claims, which
               may arise from the use of the leased area.
         (h)   That any of the permanent / fixed structures to be erected (with prior
               approval from Council) at the cost of Mr P Schneider be donated to
               Council, without any compensation to Mr P Schneider, irrespective
               whether the lease is terminated or lapses by effluxion of time.
         (i)   That the Lessee not be allowed to cede or assign this agreement or any
               portion thereof, nor shall he be allowed to sublet in any manner any
               portion of the Property, without the written consent of the Lessor first
               being had and obtained.
                                                22 / 2009


11.1.4   SALE OF LAND: CELTIC FOOTBALL CLUB
         (C/M 2009/02/26  -     I 1/1/4)
         During the discussion on this item Councillor S Motinga wanted to know
         whether input was obtained from the Swakopmund Sports Committee on this
         application; to which Councillor PD Rooi responded in the affirmative.
         RESOLVED:
         That a portion of land, north of the Tamariskia Clinic, measuring
         approximately 19 758m² be offered to Celtic Football Club on the same
         conditions as resolved by Council on 31 January 2008 being:
         (i)     Purchase price: Nominal fee of N$10.00.
         (ii)    Payment: Cash or bank guaranteed cheque on date of sale.
         (iii)   Construction must commence within 12 months and land that is not developed
                 within a period of 4 years from date of sale, shall revert to Council and all monies
                 and or fees paid to Council will be forfeited to Council.
         (iv)    Minimum building value: NONE
         (v)     Property may not be alienated or bonded without Council's prior approval and if
                 approved then Council shall obtain a right of first refusal to repurchase the
                 property at its original purchase price plus 70 % of sworn valuation of any
                 improvements erected thereon.
         (vi)    That whenever a non-profit organisation ceases to exist, Council shall have the
                 right to repurchase the property at its original purchase price plus 70% of sworn
                 valuation of any improvements erected thereon.
         (vii)   Council shall be under no moral or legal obligation to allocate any property for
                 sale to any institution on the basis of any precedent in having previously sold
                 any other property to any other institution. In each case Council shall decide by
                 weighing up factors relevant to the applicant, the number of active members, the
                 date of establishment of the entity, the financial costs of lost opportunity to
                 Council, the number of similar entities having benefited before, and every other
                 factor, which Council may consider relevant to any such enquiry.
         (viii) That a progress report on any development be submitted to Council on a six (6)
                monthly basis.


11.1.5   RESPONSES TO OBJECTIONS FOR SALE                               OF     BLOCK       ERVEN:
         EXTENSION 9 SWAKOPMUND
         (C/M 2009/02/26 -    G 3/9)
         RESOLVED:
         (a)     That the objections received against the alienation of blocks of
                 land to private developers be rejected.
         (b)     That in terms of Section 63 of the Local Authorities Act, 1992 (Act
                 23 of 1992) as amended, the objections with Council’s comments
                 be referred to the Ministry of Regional and Local Government,
                 Housing and Rural Development requesting approval of the above
                 transactions.
                                                 23 / 2009

11.1.6   APPLICATION FOR LAND AT KM 3 ALONG THE SWAKOP RIVER TO CREATE A
         BOUTIQUE HOTEL: DESERT BREEZE PROJECT
         (C/M 2009/02/26    -     G 4/1/1)
         RESOLVED:
         (a)   That Council approves the application of Messrs Desert Breeze Project to
               develop an eco friendly village consisting of a boutique hotel, lodge, self
               catering 2-room units and self catering luxury villas, adjacent to the land
               allocated to Santiago Property Developers along the Swakop River.
         (b)   That Council sells a portion of the Swakopmund Townlands, ±30 000m² in
               extent adjacent to the Swakop River (exact area and location to be
               determined by survey), to Messrs Desert Breeze Project at a price to be
               determined, provided that:
               (i)     That a detailed development plan be provided before any statutory procedures
                       are started with.
               (ii)    That the zoning for the proposed site be “business”.
               (iii)   That any required        upgrading     of   Municipal   services    be   for   the
                       applicant’s account.
               (iv)    That the requirements regarding the alienation of immovable property as
                       prescribed in the Local Authorities Act 23 of 1992, (as amended), and the
                       Townships Ordinance 11 of 1963 respectively, be dealt with successfully.
               (v)     The applicant to provide all infrastructure for its own account and to the
                       specifications of the Engineering Services Department and Erongo RED.
               (vi)    No development be permitted to commence until the statutory disciplines have
                       been completed.
         (c)   That the following procedures also be applicable:
               (i)     That the applicant be responsible for all statutory disciplines to be completed
                       within 12 months from date of sale at their own cost;
               (ii)    Completion of internal and external services within 24 months from date of
                       sale;
               (iii)   The whole development project must be completed within 48 months from
                       date of sale and if no development is made in terms of the conditions of the
                       agreement of sale the property shall revert to Council without any
                       compensation to the purchaser;
               (iv)    That the agreement of sale be concluded and signed within 12 months after
                       this resolution is received by the applicant, failing which the resolution will
                       lapse.
               (v)     That in terms of the Property Policy, a deposit of N$100 000.00 be required of
                       the applicant to cover all fees and costs to Council, within 90 days from date
                       of being informed of this Council resolution.
               (vi)    The purchase price to be secured by means of a bank guarantee payable on
                       date of transfer.
               (vii)   Submit total layout plans, indicating the infrastructure, details of the project as
                       well as the service demand for the intended project within 3 months of being
                       notified of the approval of the application.
         (d)   That the applicant indemnifies Council against any claims resulting from
               blasting.
         (e)   That the action referred to in (b) (iv), only be proceeded with once the
               deposit referred to in (c) (v), has been made.
         (f)   That all costs relating to the transfer of this Erf, (including but not limited
               to transfer duty, conveyancer’s costs, compilation of Agreement of Sale,
               as well as any legal or other costs that may arise from this application),
               be for the applicant’s account.
                                          24 / 2009

         (g)   That all costs related to this transaction (advertising-, subdivision-,
               rezoning etc.) be borne by the applicant.
         (h)   That the applicant takes note that no rights will accrue to the applicant
               unless all the abovementioned conditions are complied with in full and all
               the relevant authorities have given the necessary permission, if
               applicable.


11.1.7    EXTENSION OF LEASE AREA – HUSEB BRICK MAKING
         (C/M 2005/09/29   -    H 5)
         During the discussion on this item it was proposed that the resolution (point
         (b) under item 7.8) taken by the Management Committee be amended to read
         as follows:
         (b)   That the General Manager: Finance makes a submission regarding
               the financial assistance for civil services to the erven to be given to
               emerging brick makers.
         RESOLVED:
         (a)   That Mr W Huseb’s application not be supported as the intention
               was to support only small businesses.
         (b)   That should the applicant require more land, he should consider
               purchasing an industrial Erf at the envisaged new industrial area
               when the erven become available.

11.1.8   NEW PROPOSED LAY-OUT ERF 138, R, MONDESA
         (C/M 2009/02/26 -    Erf 138, M)
         RESOLVED:
         That Council’s resolution 11.1.25 of 28 February 2007 be repealed and
         replaced with the following:
         (a)   That the new lay-out (Annexure “B”) on file, as submitted by Urban
               Dynamics Africa (Pty) Ltd for the subdivision of Erf 138, Mondesa
               into 17 portions and Remainder be approved.
         (b)   That the newly created Portion K be zoned “institutional”.
                                                 25 / 2009

11.1.9    INTERIM VALUATION COURT 2009
          (C/M 2009/02/26   -   D 22)
          During the discussion on this item Councillor PD Rooi seconded by Councillor
          R //Hoabes nominated Mr C van Wyk as Council’s representative at the
          Interim Valuation Court for 2009.
          RESOLVED:
          (a)   That Mr C van Wyk represents Council for the Interim Valuation
                Court for 2009 at
                (i)     N$100.00 per sitting per day if less than one hour is utilised; and
                (ii)    an additional N$50.00 for every hour more than one hour.

          (b)   That the cost be defrayed from Vote 1010 102 159 00 (Assessment
                Rates: Valuation Court).
          (c)   That requirements regarding the interim valuation as prescribed in
                the Local Authorities Act 23 of 1992, (as amended) be dealt with
                successfully.

11.1.10   ASSISTANCE: SWAKOPMUND CRIME STOPPERS
          (C/M 2009/02/26  -   A 1/3/20)
          RESOLVED:
          That this item be referred back for resubmission to the next Management
          Committee meeting.

11.1.11   APPLICATION TO PURCHASE DEVELOPED / UNDEVELOPED LAND IN
          SWAKOPMUND      MUNICIPAL     AREA      ATLANTIC SEABOARD
          INVESTMENTS PTY (LTD) – VALUATION
          (C/M 2009/02/26     -        N 7/3/4/1)
          RESOLVED:
          (a)   That Council alienates a portion of Swakopmund Town and
                Townlands (±11.2 hectares) adjacent to the Rossmund Golf Course,
                indicated as a Portion of Portion “B” on the plan (on file) to Atlantic
                Seaboard Investments Pty (Ltd) at a selling price of N$80.00/m² (112
                000m² x N$80.00 = N$8 960 000.00) + 15% VAT (if applicable) based
                on the upset price for land sold in Tamariskia at N$35/m², in Ocean
                View at N$63/m² and Kramersdorf at N$100/m² excluding bulk
                services, provided that:
                (i)     That a detailed development plan be provided before any statutory procedures
                        are started with.
                (ii)    That the requirements regarding the alienation of immovable property as
                        prescribed in the Local Authorities Act 23 of 1992, (as amended), and the
                        Townships Ordinance 11 of 1963 respectively, be dealt with successfully.
                (iii)   The applicant to provide all infrastructure which includes an on site sewerage
                        plant for its own account and to the specifications of the Engineering Services
                        Department and Erongo RED.
                (iv)    No development be permitted to commence until the statutory disciplines have
                        been completed.

          (b)   That the following procedures also be applicable:
                                                  26 / 2009

                (i)     That the applicant be responsible for all statutory disciplines to be completed
                        within 12 months from date of sale;
                (ii)    Completion of internal and external services within 24 months from date of
                        sale;
                (iii)   The whole development project must be completed within 48 months from
                        date of sale and if no development is made in terms of the conditions of the
                        agreement of sale the property shall revert to Council without any
                        compensation to the purchaser;
                (iv)    That the agreement of sale be concluded and signed within 12 months after
                        this resolution is received by the applicant, failing which the resolution will
                        lapse.
                (v)     That in terms of the Property Policy, a deposit of N$100 000.00 be required of
                        the applicant to cover all fees and costs to Council, within 90 days from date
                        of being informed of this Council resolution.
                (vi)    The purchase price to be secured by means of a bank guarantee payable on
                        date of transfer.
                (vii)   Submit total layout plans, indicating the infrastructure, details of the project as
                        well as the service demand for the intended project within 3 months of being
                        notified of the approval of the application.

          (c)   That the applicant indemnifies Council against any claims resulting
                from blasting.
          (d)   That the action referred to in (a) (iv), only be proceeded with once
                the deposit referred to in (b) (v), has been made.
          (e)   That all costs relating to the transfer of this Erf, (including but not
                limited to transfer duty, conveyancer's costs, compilation of
                Agreement of Sale, as well as any legal or other costs that may
                arise from this application), be for the applicant’s account.
          (f)   That all costs related to this transaction (advertising-, subdivision-,
                rezoning etc.) be borne by the applicant.
          (g)   That the applicant takes note that no rights will accrue to the
                applicant unless all the abovementioned conditions are complied
                with in full and all the relevant authorities have given the necessary
                permission, if applicable.

11.1.12   OBJECTIONS TO THE ALIENATION OF LAND                                TO     DUNES      ESTATE
          DEVELOPMENT (PTY) LTD IN KRAMERSDORF AREA
          (C/M 2009/02/26    -      G 3/9/15)
          RESOLVED:
          (a)   That the objections against the sale of land to Messrs Dunes Estate
                Development be rejected.
          (b)   That Messrs Dunes Estate Development (Pty) Ltd be informed that
                Council appreciates their written comments and is of the opinion that
                they constitute sufficient grounds for the objections to be rejected and
                that a meeting will accordingly not be required.
          (c)   That the purchase price for the portion of land be N$100/m² as calculated
                by The Trust & Estate Co (Pty) Ltd.
          (d)   That in terms of Section 63 of the Local Authorities Act, 1992 (Act 23 of
                1992) as amended, the objections with Council’s comments be referred to
                the Ministry of Regional and Local Government, Housing and Rural
                Development requesting approval of the above transactions.
                                                27 / 2009

11.1.13   APPLICATION TO LEASE A PORTION OF LAND IN THE DRC
          (C/M 2009/02/26   -    H 5/4)
          RESOLVED:
          (a)   That Council leases a portion of townlands situated in the DRC
                opposite Swakopmund Street to Messrs DRC Development
                Foundation for a period of 5 years, in lieu of the area allocated to
                them as per Council resolution of 31 July 2008.
          (b)   That the portion of land leased to Messrs DRC Development
                Foundation be equal in size (5943m²) to Portion A as per layout
                plan (on file).
          (c)   That the land shall be used for the purposes as approved by
                Council on 31 July 2008.
          (d)   That a nominal rental fee in the amount of N$10.00 per annum shall
                be payable by Messrs DRC Development Foundation.

11.1.14   APPLICATION TO PURCHASE INSTITUTIONAL LAND FOR THE
          EXTENSION OF A SCHOOL: PRIVATE SCHOOL SWAKOPMUND
          (C/M 2009/02/26      -     Erf 4650, S)
           RESOLVED:
           (a) That Erf 4650, (Extension 9), Swakopmund be offered for sale to the
               Private School Swakopmund for purposes of extending their
               educational facilities, subject to Council’s standard conditions of
               sale.
           (b) That the purchase price is:
                (i)    N$88.13/m² being the cost of installation of services for Extension 9,
                       escalating annually with 5% as from 2005:
                       2005   =      N$ 88.13
                       2006   =      N$ 92.53
                       2007   =      N$ 97.15
                       2008   =      N$102.00
                       2009   =      N$107.10

                       i.e. N$107.10/m² x 6 293m² = N$673 980.30 + 15% VAT (if any).

           (c) That the Private School Swakopmund takes note that no rights will
               accrue to them unless the following conditions are complied with
               in full:
                (i)    That a conveyancer’s certificate be provided, indicating that:
                       Ÿ   The Institution is properly constituted, i.e. duly certified copy of the
                           current Constitution in English;
                       Ÿ   The Constitution clearly indicates the assignees who are empowered
                           to sign the documentation on the institution’s behalf; and
                       Ÿ   The name or entity in which ownership of the property shall vested in
                           an acceptable form for the Deeds Registry purposes.
                (ii)   That the requirements regarding the alienation of immovable property as
                       prescribed in the Local Authorities Act, Act 23 of 1992, (as amended), and
                       the Townships Ordinance 11 of 1963 respectively, be dealt with
                       successfully.
                                              28 / 2009

              (iii)   The deed of sale shall be drafted and signed by all parties within 12 months
                      from date of the relevant Council resolution.
              (iv)    Method of Payment: Cash/bank guarantee for the full purchase price on
                      date of signing the Deed of Sale.
              (v)     Land, which is not developed within a period of 4 years from date of sale,
                      shall revert to Council and all monies and or fees paid to Council will be
                      forfeited to Council.
              (vi)    Minimum building value: At least 4 x municipal valuation or the average
                      value of the main buildings in the immediate surrounding area.
              (vii)   Property may not be alienated or bonded without Council's prior approval
                      and if approved then Council shall obtain a right of first refusal to
                      repurchase the property at its original purchase price plus 70% of sworn
                      valuation of any improvements erected thereon.
              (viii) Submit total layout plans, indicating the infrastructure, details of the
                     project as well as the service demand for the intended project within 3
                     months of being notified of the approval of the application.
              (ix)    All costs with regard to the transaction to be for the account of the
                      applicant.
              (x)     That the developments must comply with the provisions of the Town
                      Planning Scheme.

11.1.15   REQUEST BY SPECIAL OLYMPICS NAMIBIA TO USE MONDESA
          SPORTFIELD
          (C/M 2009/02/26    -   H 5/2)
          During the discussion on this item Councillor S Motinga requested that in
          future input obtained from the Swakopmund Sports Committee be included in
          the submission. Councillor A //Gaseb indicated that it is important to keep
          the Swakopmund Sports Committee up to date on all sports related
          developments. Both requests were noted.
          RESOLVED:
          (a) That permission be granted to Messrs Special Olympics Namibia to
              utilize the Mondesa Sportfield free of charge every Thursday from
              15:30 to 16:30 as from January 2009 - June 2009.
          (b) That all expenses of N$8 616.00 be defrayed from the Mayoral
              Development Fund Vote 960120408709 where the amount of
              N$37 594.00 is available.

11.1.16   NOMINATION TO HERITAGE COUNCIL
          (C/M 2009/02/26 -    J 8)
          RESOLVED:
          That Councillor J Ngolombe be nominated to serve as a member of the
          National Heritage Council.
                                             29 / 2009

11.1.17   WRITING OFF: REDUNDANT EQUIPMENT / FURNITURE – FINANCE
          DEPARTMENT
          (C/M 2009/02/26 -   L 2)
           RESOLVED:
           (a) That the following redundant equipment at the Finance Department
               be written off and be sold at the next public auction:
                  Item Description                       Quantity
                  Sagem fax machine                          1
                  Office chair                               1
                  Calculator                                 1
                  Sivocco heater                             1

           (b) That the Chairperson of the Management Committee, Chief
               Executive Officer and General Manager: Finance determines the
               upset price for the above items.

11.1.18   WRITING OFF : OLD AND REDUNDANT EQUIPMENT – COMMUNITY
          DEVELOPMENT SERVICES
          (C/M 2009/02/26  -   L 2)

          RESOLVED:
          (a)   That the following items at the Community Development Services
                Department be written off and be sold at the next public auction:
                No.                     DESRIPTION                  QUANTITY
                 1    Geyser                                            1
                 2    Drums full of scrap                               2
                 3    Pelmets                                          12
                 4    Bed shelves                                       8
                 5    Key box                                           1
                 6    Steel gates                                       3
                 7    Bundle of wood                                    1
                 8    Box bed lamp                                      1
                 9    Doors                                             5
                10    Bundle of steel                                   1
                11    Sink top                                          3
                12    Lux bed                                           2
                13    Washing machine                                   1
                14    Bundles of broomsticks                           10
                15    Fridges                                          10
                16    Mini ovens                                       10
                17    Camping chairs                                   68
                18    Beds                                              3
                19    Office chairs                                     5
                20    Washing trolley                                   1
                21    Sleeper couches                                  18
                22    Loose plank                                       1
                23    Broken chair                                      1
                24    Off cuts of roof sheet                            1
                25    Brooms                                           35
                26    Outside mats                                      8
                27    Single bed duvet covers - pink                  353
                28    Single bed duvet covers - floral                 20
                29    Double bed duvet covers                           5
                30    Flat bed sheets                                 138
                31    Fitted bed sheets - P                           302
                32    Fitted bed sheets - B                             7
                                              30 / 2009

                 33     Pillow slips - pink                          389
                 34     Pillow slips - Blue                           21
                 35     Pillow slips - Floral                          7
                 36     Blankets                                       2
                 37     Duvets                                         7
                 38     Pillows                                       40
                 39     Curtains                                      43
                 40     Chair covers                                   3
                 41     Table cloths                                   3
                 42     Overlays and small cloths                      5
                 43     Mats                                           8

          (b)   That the Chairperson of the Management Committee, Chief
                Executive Officer and the General Manager: Community
                Development Services determines the upset prices for the above
                items.

11.1.19   POLICY ON DISCRIMINATION AND FREEDOM FROM HARASSMENT
          (C/M 2005/09/29   -    B 1/8)
          RESOLVED:
          That Council approves the policy (on file) on Discrimination and
          Freedom from Harassment.


The meeting adjourned at 19h51.


Minutes confirmed on:




Councillor GN Shitaleni                             EUW Demasius
CHAIRPERSON                                         CHIEF EXECUTIVE OFFICER

UT/-

				
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