56 / 2011 MINUTES of an Ordinary Council Meeting held in the Council Chambers, Main Municipal Office Building, Swakopmund on Thursday, 31 May 2011 at 19:00. PRESENT: Councillor R //Hoabes Councillor J Kambueshe Councillor N N Salomon Councillor R N Andreas-Noabes Councillor L M Madi Councillor A N Bessinger Councillor U Kaapehi Councillor P V Steinkopff : : : : : : : : Chairperson of Council Deputy Mayor Chairperson of MC Alternate Chairperson of MC Member of Management Committee Member of Management Committee Member of Council Member of Council OFFICIALS: Mr M N Ipinge Mr H !Naruseb Mr C Lawrence Mr E van Wyk Mr M P C Swarts Mr V S Kaulinge Ms L Mutenda Mr M Cloete Mr M Amedick Ms S Bruwer Ms L Nampala Mr U Tjiurutue Ms A Gebhardt : : : : : : : : : : : : : Acting Chief Executive Officer GM: Finance GM: Health Services GM: Engineering Services GM: Corporate Services & Human Resources Acting GM: Community Development Services Manager: Health Services Manager: Traffic Services Acting Manager: Planning Corporate Officer: Properties Acting Public Relation Officer / PA to the Mayor Corporate Officer: Administration Administration Officer: Administration ALSO PRESENT: One (1) representative each from the Republikein and Algemeine Zeitung. Also in attendance were twenty (20) members of the public and two (2) staff members receiving Long Service Awards. Members of the Karibib Town Council and members of the Swakopmund Sports Club also attended the meeting. 1. OPENING Pastor Petrus Diergaardt opened the meeting with scripture reading and a prayer. 57 / 2011 2. APPLICATIONS FOR LEAVE OF ABSENCE Councillor E //Khoaseb Councillor F Hamukwaya - Approved Approved 3. CONFIRMATION OF MINUTES (C/M 2011/05/31 A 2/3/5) 3.1 MINUTES OF 28 APRIL 2011 AN ORDINARY COUNCIL MEETING HELD ON On proposal of Councillor R N Andreas-Noabes seconded by Councillor L M Madi it was:RESOLVED: That the minutes of the Ordinary Council Meeting held on 28 April 2011, be confirmed as correct. 4. INTERVIEWS WITH DEPUTATIONS OR PERSONS SUMMONED OR REQUESTED TO ATTEND THE MEETING None. 5. OFFICIAL ANNOUNCEMENTS, STATEMENTS AND COMMUNICATIONS 5.1 ANNOUNCEMENTS BY HER WORSHIP CHAIRPERSON OF COUNCIL (C/M 2011/05/31 A 2/3/5) THE MAYOR AND QUOTED COUNCIL ANNOUNCEMENTS FOR MAY 2011 The Honourable Governor of the Mighty Erongo Region, Fellow Councillors, Pastor Petrus Diergaardt, the Acting Chief Executive Officer, General Managers, Managers, Officials, Junior Town Council, Members of the Media, Members of the Community, Ladies and Gentlemen Good evening, Welcome to the Council Meeting of May 2011. This month we celebrated Africa Day, this is the annual commemoration of the 1963 founding of the Organization of African Unity (OAU), presently recognised as the African Union (AU). The African Union, comprised of 53 member states that has brought together the continent of Africa to collectively address the challenges it has faced, such as armed conflict, climate change and poverty. The theme for this year is “Africa and the Diaspora”. Ladies and Gentlemen My office had the following obligations for the month of May and was attended by myself or otherwise assisted by my fellow Councillors:• A delegation from the Nkurenkuru Town Council had a familiarization tour to a couple of Municipalities and we were one of them. The delegation consisted of the Mayor, Chairperson of Management and the Chief Executive Officer. We are happy to see that the young Town Councils are looking up at us, who have been long in the industry. • Today we had a meeting with the Karibib Town Council who also visited us to find out how we do things here and tonight they are here to observe our Council Meeting. • The Namibian Police held their 17th Annual National Sport Championship in our town and I delivered welcoming remarks at the event which was officiated by the Deputy Minister of Safety and Security Honourable Erastus Uutoni. 58 / 2011 • I delivered welcoming remarks at the official opening of the National Mathematics Congress • The Media Ombudsman, Mr Clement Daniels and the National Director of MISA Namibia Ms Marbeline Mwashekele paid my office a courtesy visit to introduce the Media Ombudsman and to explain his role. There are some pamphlets that you can collect after the meeting so that you are also informed. • The FNB Classic Clashes for schools were held in Swakopmund this year and I was represented by Honourable Rosalia Andreas-Noabes who delivered welcoming remarks at the event. • Woermann & Brock made Swakopmund proud by building an additional classroom to the Hanganeni Primary School where you have some kids attending afternoon classes due to shortage of classrooms. I was represented by Honourable Louise TlhabanelloMadi where she delivered remarks on my behalf and the event was officiated by the Minister of Education Dr Abraham Iyambo who called on the private sector to assist a Namibian Child to get a better education. The following people or institutions visited my office: • Karene Brewis from the Swakopmund Cat Protection Society with some of her members visited my office to enquire about the correct procedures to obtain Status for the Feral Cats of Swakopmund and to discuss costs of the Vermin Control Programme with a view to getting the Municipality involved financially. • Sylvester Gawanab visited my office to introduce his company and ask for some advice. • Seblonica Upora wanted some clarity on her application for a shebeen. • John Kavendjii came to discuss about a proposal for possible projects. • Prinsley Pritzel would like to be working in the field of Occupational Health and Safety with the Municipality. • H Schroeder brought me information regarding the Kavango Brick. • Matthew Tomas came in to discuss the possibility of a Community College. • The DRC Soccer Club also visited my office as they would like to organise some tournaments. • The new Regional Director of Health Mr William Kapenambili and Dr Musasa visited my office to introduce the Regional Director and to discuss about how we can help our town to reduce the infant & maternal death. Ladies and Gentlemen: With the recent rains that fell in our town most of our roads are damaged or simply just unpleasant to drive on. Our vision is “To provide and maintain safe sufficient and affordable services to residents and visitors and to promote future development to the benefit of our community.” And for us to live up to our vision it is with excitement that I have the pleasure to announce the repair, widening and upgrading of Daniel Kamho Avenue. Daniel Kamho Avenue will be widened to four lanes to accommodate the increasing NorthSouth traffic between the town centre and the growing northern suburbs. From tomorrow 01 June 2011, Daniel Kamho Avenue will be closed from the intersection with Rakatoka Street up to the intersection with Nelson Mandela for about 3 months. Once the earthmoving equipment is done with Daniel Kamho road after about two weeks, the next road which will be closed for upgrading will be the Nelson Mandela Road. This road will be upgraded from a gravel salt road to a four lane interlocked road, a process which is expected to take about four months. 59 / 2011 The month of July will see construction work commencing on Dr Schwietering Road where this road will be upgraded from a salt gravel road to a four lane Bitumen road. While Rakatoka Street will be closed for a week during the first week of July for resurfacing. We urge all road users to exercise patience, heed the relevant traffic signs and instructions of flag-men to safeguard their own lives and that of workmen and other road users including cyclists and pedestrians during the construction time. Ladies and Gentlemen: Andrè van Zijl paid our offices a visit. Andrè has been living with HIV for 27 years and now travels around raising funds for AIDS orphans and gives motivational talks about HIV/AIDS. He will be back sometime next year to spread the message at all schools in Namibia. Ladies and Gentlemen: The NALASRA held games on 25-28 May in Windhoek where 28 Municipalities participated. The Swakopmund Municipal Sports Club were crowned the second overall winners and a this juncture I would like to invite the Swakopmund Municipal Sports Club to the front. They brought home 4 Gold Medals, 5 Silver Medals and 5 Bronze Medals. The sport codes that roped in the gold medals are: • Pool Singles • Pool Doubles • 21km Marathon • 5km Fun Walk We commend all the sports women and men that took part, we are really proud of your achievements. Keep up the good and the team spirit. We thank you for flying our flag high. Ladies and Gentlemen: On a sad note it was with a deep sense of sorrow and regret that we have learnt about the tragic death of my counter part at the Regional Office, Mr Vikurupa Kavendjii who died when the car he was traveling in crashed over a breakwater wall at Walvis Bay before plunging into the sea. The late Vikurupa Kavendjii was the Deputy Director of Planning of the Erongo Regional Council. To the family, friends and colleagues I would like to express on behalf of the Swakopmund residents and the entire Municipal Council, our deepest sympathy with the loss of your loved one. It is our Prayer that the God of comfort will heal your pain and restore your joy, it will be the little things you remember, the silent times, the laughter and the fellowship and although it may seem hard right now, it will be the memories of these little things that will help push away the pain and bring the smiles back again. May each new day ease the burden of your sorrow and may you all experience the dawn of a better tomorrow. Ladies and Gentlemen While we are on the dreary topic, we also like to air our voice on the horrific slaying of Lucia Neliwa, who was stabbed with a knife and beaten to death with an iron pipe by her boyfriend here in Swakopmund. This terrible misfortune is a reflection of the sick world that we live in nowadays. The Swakopmund community strongly condemns this kind of barbaric behaviour in Namibia. Our hearts goes out to the family and friends of the deceased. Can I now please ask everybody to stand up for a moment of silence in memory of Lucia Neliwa and all women that are brutally murdered. 60 / 2011 5.2 LONG SERVICE AWARDS (C/M 2011/05/31 B 1/8) Her Worship, the Mayor, also announced as follows: QUOTED Long Service Awards: Tonight we have three Long Service Awards but only two are present for their acknowledgement of service and we also have two retirements. I would therefore like to invite the following staff members to the front to collect their certificates: • • • Hafeni Amupala Monika Witten Frieda Nangolo - 25 Years) 10 Years 10Years And our retirement • • Lukas Mbabi Bethuel Muashekele - 35 Years & 5 months 2 Years & 1 month The employees that received certificates tonight what has made your stay possible is the continued commitment of the employees of this company, who in the execution of their daily tasks, give form and shape to the vision and mission of the Swakopmund Municipal Council. The Swakopmund Municipal Council therefore believes that the recognition of long service is an essential aspect of our company activities. It provides a golden opportunity to publicly say thanks and to acknowledge the work and worth of the individuals who constitute this organisation. To Mr Lukas Hambabi and Mr Bethuel Muashekele who are going on retirement, remember your communities require your experience. Volunteer to assist and promote community development through active participation. The skills you acquired and the experience you gained should stand in good stead as you interact with your community members. Go on and become a beacon of hope to the masses. May God bless you richly I thank you for your kind attention Rosina //Hoabes 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 APRIL 2011 9.1 The feedback on the resolutions taken by Council on 28 April 2011 was noted. 61 / 2011 10. REPORT TO COUNCIL ON RESOLUTIONS TAKEN BY MANAGEMENT COMMITTEE DURING MAY 2011 10.1 MINUTES OF MANAGEMENT COMMITTEE MEETINGS HELD DURING APRIL AND MAY 2011 (C/M 2011/05/31 A 2/3/5) RESOLVED: That the resolutions taken at an Ordinary Management Committee meeting held on 19 May 2011 and Special Management Committee meeting held on 28 April 2011 be noted. 11. RECOMMENDATIONS BY THE MANAGEMENT COMMITTEE 11.1 ORDINARY MANAGEMENT 19 MAY 2011 11.1.1 APPLICATIONS BY PRIVATE DEVELOPERS TO PURCHASE BLOCKS FOR DEVELOPMENT PURPOSES (C/M 2011/05/31 G 3/9, G 4/1/1) COMMITTEE MEETING HELD ON RESOLVED: That this item be referred back for further investigation and be resubmitted to the next Management Committee meeting. 11.1.2 APPLICATION TO PURCHASE ERF 923, SWAKOPMUND FOR ADDITIONAL PARKING PURPOSES (C/M 2011/05/31 E 4750, E 923) RESOLVED: (a) That Erf 923, Swakopmund, (exact size to be determined by the Engineering Services Department) be sold to Messrs Fruit & Veg City Namibia Pty Ltd for purposes of additional parking only. (b) That Erf 923 be subdivided to make provision for the portion of the erf which falls in Mandume Ya Ndemufayo Street. (c) That Messrs Fruit & Veg City Namibia Pty Ltd applies for the rezoning of Erf 923, Swakopmund from “Authority” to “Parking”. (d) That a 5m² sidewalk be provided and maintained by Messrs Fruit & Veg City Namibia Pty Ltd on the street front of Erf 923, Swakopmund. (e) That a servitude be registered in favour of Council by and at the cost of Messrs Fruit & Veg City Namibia Pty as Municipal services cross Erf 923, Swakopmund. (f) That egress and access to the erf be granted on condition that: (i) No heavy vehicle will be allowed to make turning maneuvers in Mandume Ya Ndemufayo Street when offloading. (ii) No permanent structure may be erected on Erf 923, Swakopmund. (iii) Erf 923, Swakopmund may not be consolidated with Erf 4750, Swakopmund. (g) That the sale further be subject to the following conditions: 62 / 2011 1. 2. 3. 4. IN PRINCIPLE APPROVAL BY COUNCIL (i) That the applicant takes note that no rights will accrue to the him / her unless all the conditions are complied with in full and all the relevant authorities have given the necessary permission, if applicable. (ii) That the probable market valuation assuming the applicable zoning be obtained from Council’s appointed municipal valuer and an additional valuer, for consideration and approval by Council. (iii) That a detailed layout plan be provided before any statutory procedures are started with. STATUTORY PROVISIONS (i) 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. (ii) Should there be objections against the proposed development, the 12 month period within which the transaction must be completed in terms of the Local Authorities Act 23 of 1992, as amended, will commence upon receipt of the Minister’s favourable response. (iii) No development be permitted to commence until the statutory disciplines have been completed. AGREEMENT OF SALE AND TRANSFER (i) That the agreement of sale be concluded and signed within 12 months after the Council resolution approving the allocation is received by the applicant, failing which the resolution will lapse. (ii) That the agreement of sale be signed and returned to the Swakopmund Municipality, by the purchaser / developer within 21 days of being requested to do so. (iii) 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. PAYMENT OF PURCHASE PRICE AND VAT (i) 5. 6. 7. STATUTORY DISCIPLINES (i) That the applicant be responsible for all statutory disciplines (if any) to be completed within 12 months from date of sale. (iii) That all costs related to this transaction (subdivision-, consolidation-, rezoning etc., if any) be borne by the applicant. GENERAL (i) Applicant is not permitted to cede, assign or alienate their right or interest in the property or alienate the property to a 3rd party in any way before all the relevant conditions contained in the agreement of sale are fulfilled. (ii) That the applicant takes note that Council does not reserve land and should the transaction not be concluded within the one year period from closing date for objections / ministerial approval in the case of objections received, the transaction be cancelled without the need for Council to inform the applicant. INDEMNITY (i) 11.1.3 The purchase price and 15% VAT to be secured by means of a bank guarantee payable on date of transfer. That the applicant indemnifies Council against any claims resulting from blasting. RE-APPLICATION TO PURCHASE ERF 613, TAMARISKIA: MR V MASWAHU (C/M 2011/05/31 T 613) 63 / 2011 RESOLVED: (a) (b) 11.1.4 That the request of Mr V Maswahu to purchase Erf 613, Tamariskia by private transaction not be considered and that Mr V Maswahu be informed that Council remains with its decision passed on 29 April 2009 which states the following: (i) That the Engineering Services Department attends to the rezoning of Erf 613, Re, Tamariskia from “Institutional” to “Single Residential”. (ii) That once its confirmed that the erf has been transferred to the Council and rezoned, Erf 613, Re, Tamariskia be offered for sale by way of a closed bid at an upset price to be obtained from the municipal valuer, which includes the costs of rezoning and all outstanding municipal charges and legal fees. (iii) That the applicants who have applied in writing to purchase Erf 613, Re, Tamariskia be informed of the above. That Mr V Maswahu be advised to submit a close bid when the sale is advertised. APPLICATION BY THE MINISTRY OF SAFETY AND SECURITY TO PURCHASE ERF 989, SWAKOPMUND (C/M 2011/05/31 E 989) RESOLVED: (a) That Council’s resolution of 28 January 2010 to sell Erf 989 at an auction be repealed on condition that the Ministry of Safety and Security accepts Council’s offer to sell Erf 989 at a total cost of N$20 100 000.00. (b) That the purchase price be paid within 90 days from 31 May 2011, failing which Council’s resolution of 28 January 2010 will stand. 11.1.5 RÖSSING URANIUM LTD: TRANSACTIONS (C/M 2011/05/31 G 3/9/2, G 3/9/5) RESOLVED: (a) That it be proposed to Messrs Rössing Uranium Ltd that the amount of N$8 183 614.00 be kept by Council from which the following be deducted: (i) Deposits for the following blocks: (ii) Block 5 Block 2 - N$50 000.00 (N$50 000.00 shortfall on the N$100 000.00 deposit) N$50 000.00 The purchase prices for the following be deducted: Office Complex Wellness Centre Block 5 Block 2 Block 20 Block 21 - N$4 500 000.00 (approximately) N$1 184 100.00 N$3 840 714.00 (approximately) N$10.00 N$10.00 N$10.00 (b) That Messrs Rössing Uranium Ltd provides a bank guarantee for the shortfall payable on date of transfer of the last transaction. (c) That a statement reflecting all payments received from Messrs Rössing Uranium Ltd and the allocation of the funds compiled by the General Manager: Finance be forwarded to Messrs Rössing Uranium Ltd for confirmation. 11.1.6 REQUEST BY MINISTRY OF EDUCATION TO EXTEND THE LEASE AGREEMENT AND FOR ADDITIONAL LAND ADJACENT TO THE EXISTING TELEMETRY STATION 64 / 2011 (C/M 2011/05/31 - G 4/1/1 (12)) RESOLVED: 11.1.7 (a) That the lease agreement entered into by and between the Swakopmund Municipality and the Ministry of Works, Transport and Communication be extended for a further period of four (4) years, until 15 October 2015, to coincide with the expiry date of the Main Cooperation Agreement between Namibia and China; or until finalization of the exchange transaction. (b) That the allocation of an additional portion of land (±2.2ha) adjacent to the existing Tracking-, Telemetry & Control Station’s Main Building, immediately to the east, to be leased to the Ministry of Works, Transport and Communication be approved. (c) That Ministerial approval be applied for to extend the existing lease period and for the additional portion of land to be leased in terms of section 30 (1) (t) of the Local Authorities Act, Act 23 of 1992 (as amended), as the portion is undivided Townlands. (d) That once the terms are fixed an additional Addendum be compiled and added to the existing lease agreement. (e) That it be proposed to the Ministry of Works, Transport and Communication to exchange land equal in value for the additional ±2.2ha required by them to the value of N$300 000.00. APPLICATION FOR EXTENSION OF LEASE PERIOD: THE TUG RESTAURANT CC (C/M 2011/05/31 E 913) RESOLVED: (a) That the application of The Tug Restaurant CC to extend the lease agreement for a portion of Erf 2809, Swakopmund measuring ±95m² (combined two areas of ±78m² and ±17m²), being the area the terrace encroaches onto, for a five (5) year period be approved; at a monthly rental amount of N$23.07/m² + 15% VAT and an annual 10% escalation in July. (b) That the lease be advertised in terms of Section 63 (2) of the Local Authorities Act, Act 23 of 1992, (as amended). (c) That Council reserves the right to cancel the lease if valid objections from the public are received. (d) 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. (e) The lease is terminable by either party given or receiving six (6) months notice. 11.1.8 APPROVAL OF LAYOUT PLAN FOR TOWNSHIP ESTABLISHMENT ON PORTION 113, SWAKOPMUND (C/M 2011/05/31 G 3/9/13) RESOLVED: 65 / 2011 (a) That the adjustment to the layout plan of Portion 113 as submitted by Messrs Winplan Planning Consultants for the purpose of Township Establishment be approved as follows: • • • Erven 1 to 22, 24 to 90 and 92 to 120 be “Single Residential” with a density of 1:600m², Erven 23 and 91 be “General Residential 2” with a density of 1:250, Erven 121 to 126 be “Public Open Space”. (b) That Messrs Winplan Planning Consultants be informed to submit the approved layout plans to Townships Board for final approval. 11.1.9 APPROVAL OF MINOR AMENDMENTS TO THE LAYOUT PLAN FOR PORTION 114, SWAKOPMUND, FOR TOWNSHIP ESTABLISHMENT (C/M 2011/05/31 G 3/9/14) RESOLVED: (a) That the amendments to the layout plan of Portion 114 as submitted by Messrs Plan Africa Consulting CC for the purpose of Township Establishment be approved as follows and on condition that they close the corridor between Erven 11-12 and 57-58: • • • • • • Erven 1 to 33 and 38 to 121 as “Single Residential” with a density of 1:600m², Erf 34 as General Business, Erven 35 to 37 as “General Residential 1” with a density of 1:250, Erf 122 as “Institutional”, Erf 123 as “Local Authority” and Erven 124, 106 and 107 as “Public Open Space”. (b) That Messrs Plan Africa Consulting CC be informed to submit the approved layout plan to Townships Board for final approval. 11.1.10 INTERIM VALUATION COURT 2011 (C/M 2011/05/31 D 22) RESOLVED: That paragraph (b) of Item 11.1.11 of Council resolution of 24 March 2011 be repealed and replaced with the following: (b) 11.1.11 That Council appoints Mr A Schoeman as the Council Representative and Mr F Löhnert as the secundi should the appointed valuer be unavailable to attend the Interim Valuation Court for 2011. KEMPINSKI STRAND HOTEL DEVELOPMENT - REQUEST FOR EXTENSION OF TIME TO COMMENCE WITH CONSTRUCTION (C/M 2011/05/31 E 4743) RESOLVED: That the request by Messrs Broll Namibia for the extension of project implementation timelines not be approved. 11.1.12 ELECTION OF COMMUNITY REPRESENTATIVES TO THE DRC PLANNING COMMITTEE (C/M 2011/05/31 H 5/4) RESOLVED: 66 / 2011 (a) That the election of the following nine (9) community members to the DRC Planning Committee for a period of three (3) years be endorsed: • • • • • • • • • Mr Abraham Johannes Ms Renate Dausas Mr Klaus Kakupa Ms Letitia Martin Mr Johannes Gawab Mr Phillip Shikamba Mr David Maundu Mr Paulus Kahumonise Ms Marcella Marsh (b) That a representative of Messrs Eagle Christian Centre be appointed to serve on the DRC Planning Committee in addition to Officials from Health-, Engineering- and Community Development Services Departments. (c) 11.1.13 That the letter of appointment of members of the DRC Planning Committee clearly state that members will serve on a voluntary basis and no remuneration will be offered to them. LEASE OF PAVEMENT: KUCKI’S PUB (C/M 2011/05/31 N 8/11, E 267) RESOLVED: 11.1.14 (a) That a lease agreement be entered into by and between the Swakopmund Municipality and Mr N Sadlowski t/a Kucki’s Pub, for the lease of a pavement area measuring 18m² adjoining Erf 267 Swakopmund, with commencement date 01 December 2009, irrespective the date of signing of the lease agreement. (b) That the lease be for a period of 5 (five) years at a lease amount of N$21.03/m² per month (+15% VAT); i.e. N$378.54 = N$56.78 (15% VAT) with an annual escalation of 10% starting 1 July 2012. (c) That the lease be subject to the standard conditions and to the following: (i) That the proposed lease must be advertised in terms of the Local Authorities Act, (Act 23 of 1992), as amended, section 63 (2) (b). (ii) That all costs involved will be for the applicant’s account. Should they cease operating they have to reinstate the area to its original layout at their own cost. (iii) That the applicant shall indemnify and keep Council indemnified during the full period of this agreement against possible claims, which may arise from the use of the pavement by the applicant. (iv) That a deposit equal to 2 months lease be paid in advance by the applicant. (v) That a notice of termination period of 3 (three) months for both parties be applicable. APPLICATION FOR A 360 DEGREE RESTAURANT ON THE POINT OF THE MOLE (C/M 2011/05/31 N 7/2/1) RESOLVED: 67 / 2011 That the applicant be informed that in terms of the Master Development Plan, the beach areas must remain accessible to all and that Council will not permit any private development on Municipal land. 11.1.15 APPLICATION TO WAIVE PRE-EMPTIVE RIGHT FOR ERF 2283, MONDESA (C/M 2011/05/31 M 2283) RESOLVED: That Council waives the pre-emptive right on Erf 2283, Mondesa to enable Mr L Erastus to sell his property, Erf 2283, Mondesa, in order to settle the purchase price. 11.1.16 REQUEST FOR COUNCIL’S SUPPORT FOR THE COMMUNITY LAND INFORMATION PROGRAMME (CLIP) PHASE 2 SURVEY IN MONDESA (C/M 2011/05/31 H 5) RESOLVED: 11.1.17 (a) That the survey report from Community Land Information Programme (CLIP) conducted by the Namibia Housing Action Group in the DRC be noted. (b) That permission be granted to the Namibia Housing Action Group to continue with Phase 2 of their Community Land Information Programme and to conduct a survey among backyard shacks residents in Mondesa. APPLICATION FOR THE RELAXATION OF BUILDING HEIGHT (C/M 2011/05/31 E 4689) RESOLVED: (a) That the application received from Messrs KB Designs for the relaxation of height from 8m to 9.58m for the architectural feature of Erf 4689, Swakopmund be approved. (b) That Ms S Skoppelitus be informed of her right to object (in terms of Clause 8 of the Swakopmund Town Planning Scheme) to the Minister, within 28 days of this notice against Council’s decision, provided that written notice of such an appeal shall be given to the Ministry, as well as the Council within the said period. 11.1.18 APPLICATION FOR PERMISSION TO OPERATE OCCUPATION (PSYCHOLOGY PRACTICE) (C/M 2011/05/31 E 1668) RESOLVED: A RESIDENT 68 / 2011 (a) That the following application for the permission to operate a Psychology Practice be approved: • Erf 1668, Kramersdorf (148 Anton Lubowski Street) - Dr H C Strauss t/a Messrs PsyMed (Notice No. 5/2011-04-01) (b) That they register with the Health Services Department and the standard Health Regulations will apply. (c) That the consent use be subject to the following: • • • 11.1.19 That Council reserves the right, to cancel a consent use should there be valid complaints. That they must operate within the Town Planning Scheme regulations. That the consent is not transferable. APPLICATION FOR PERMISSION OCCUPATION (PIZZA TAKE AWAY) (C/M 2011/05/31 M 979) TO OPERATE A RESIDENT RESOLVED: (a) That the following application for the permission to operate a Pizza Take Away be approved: • Erf 979, Mondesa (Mandume Ya Ndemufayo Street) - Mr N Philander t/a Messrs Nicks Place (Notice No. 5/2011-04-01) (b) That they register with the Health Services Department and the standard Health Regulations will apply. (c) That the consent use be subject to the following: • • • 11.1.20 That Council reserves the right, to cancel a consent use should there be valid complaints. That they must operate within the Town Planning Scheme regulations. That the consent is not transferable. APPLICATION FOR PERMISSION TO OPERATE OCCUPATION (BEAUTY SALON) (C/M 2011/05/31 E 3781) A RESIDENT RESOLVED: (a) That the following application for permission to operate a Beauty Salon be approved: • t/a (b) That they register with the Health Services Department and the standard Health Regulations will apply. (c) That the consent use be subject to the following: • • • 11.1.21 Erf 3781, Swakopmund (Nathaniel Maxuilili Street) Unit 24 - Ms M Levy Messrs Pamper Yourself (Notice No. 5/2011-04-01) That Council reserves the right, to cancel a consent use should there be valid complaints. That they must operate within the Town Planning Scheme regulations. The approval is subject to adherence of the rules and regulations as set out by the Body Corporate. APPLICATION FOR PERMISSION TO OPERATE RESIDENT OCCUPATIONS (ADMINISTRATIVE OFFICES) (C/M 2011/05/31 T 1024, E 1986, M 2541, E 4446, E 2266) RESOLVED: 69 / 2011 (a) That the following applications for permission to operate different Administrative Offices be approved: • Erf 1024, Tamariskia - Mr A & E Ilonga t/a Messrs AEI Building Construction cc (Administrative Office - Building, manufacturing of bricks and all related trading activities) (Notice No. 5/2011-04-01) • Erf 1986, Swakopmund (7 Hajo Bauer Street) - Mr C Macmillan (Administrative Office - Computer Consultant) (Notice No. 5/2011-04-01) • Erf 2541, Mondesa - Mr F Amupadhi & V Toolu t/a Messrs A and T Construction and Mining Company CC (Administrative Office Construction and Mining) (Notice No. 5/2011-04-01) • Erf 4446, Swakopmund (11 Columbine Street) - Ms A Knoetze t/a Messrs Kai-Koro Reservations (Administrative Office - Reservations) (Notice No. 5/2011-04-01) • Erf 2266, Swakopmund (15 Heliodoor Street) - Mr W Louw t/a Messrs Property Finder cc (Administrative Office - Estate Agent) (Notice No. 133/2010-11-19) (b) That they register with the Health Services Department and the standard Health Regulations will apply. (c) That the consent use be subject to the following: • • • 11.1.22 That Council reserves the right, to cancel a consent use should there be valid complaints. That they must operate within the Town Planning Scheme Regulations. That the consent is not transferable. REQUEST FOR GUESTHOUSE (C/M 2011/05/31 PERMISSION - TO OPERATE A RESIDENTIAL T 338) RESOLVED: That the application of Messrs Nuyoms Guest House to operate a Residential Guesthouse on Erf 338, 53 Franziska van Neel Street, Tamariskia (Notice No. 5/2011-04-01) be approved subject to the following: • • • • • • • 11.1.23 That final approval only be granted once permission from the Namibian Tourism Board has been received. That they register with the Health Services Department. That the applicant adheres to Council’s Accommodation Establishment Policy at all times. That Council reserves the right, to cancel a consent use should there be valid objections. That they provide a minimum of 2 plus 1.5 parking bays per Room. That the consent is not transferable. That they must operate within the Town Planning Scheme Regulations. REZONING OF ERF 678, SWAKOPMUND, FROM “LOCAL AUTHORITY” TO “GENERAL BUSINESS” WITH A BULK OF 2.0 (C/M 2011/05/31 E 678) RESOLVED: 70 / 2011 (a) That the rezoning of Erf 678 Swakopmund from “Local Authority” to “General Business” with a bulk of 2.0 be approved. (b) That the approved rezoning be included in the next Amendment Scheme for final approval by the Ministry of Regional and Local Government, Housing and Rural Development. 11.1.24 TENDER T12/2011: SUPPLY, DELIVERY AND INSTALLATION OF COMPUTER HARDWARE (C/M 2011/05/31 D 12/1) RESOLVED: That an amount of N$154 196.49 transferred from Council’s Surplus Funds to the Replacement of IT Hardware Vote 202531607400 for the upgrading of computer hardware be condoned. 11.1.25 COMPILATION OF AN AESTHETICS COMMITTEE GUIDELINES FOR AESTHETICAL APPROVALS (C/M 2011/05/31 J 8) AND THE RESOLVED: (a) That the Guidelines (on file) for the Aesthetical Recommendations to Council be approved and implemented accordingly. (b) That according to the Guidelines the choice of members of the Aesthetics Committee be determined by Council and that the Committee consist of the following members: Two registered local architects A registered urban planner if available Two community representatives A Town Councillor and the Chief Executive Officer Ms K Miller Mr E Roxin Mr A van der Westhuizen Mr R Pohl Mr R Groenewald Councillor A Bessinger Councillor P V Steinkopff (Secundi) Chief Executive Officer (c) That the public members of the Aesthetics Committee be appointed bi-annually by Council in order to ensure that a rotation of membership takes place. (d) That the Office of the Chief Executive Officer provides secretarial support to the Aesthetics Committee. (e) That the Namibian Council of Architects be informed accordingly to inform their members of the latest amendments and requirements with regard to aesthetics in Swakopmund. 11.1.26 NEW TENDER AUTHORITIES (C/M 2011/05/31 RESOLVED: BOARD - REGULATIONS D 16/2, A 2/2/9/1) APPLICABLE TO LOCAL 71 / 2011 (a) That the new Local Tender Board Regulations 74 of 2011 which rescinded the 2001 Local Tender Board Regulations and which came into effect as from 15 April 2011, be noted and implemented. (b) That it be noted that the Local Tender Board will have to approve the allocation of tenders authorised by the Efficiency Committee established under regulation 11 (1) acting on behalf of a Local Tender Board to consider and accept or reject any quotation or tender or application for prequalification, exceeding N$10 000.00 as the case may be, submitted in respect of the procurement of goods and services and not exceeding the value of N$500 000.00 in the case of a Municipal Council of a Municipality referred to as Part I Municipality in terms of the Act. (c) That the working procedure be the same for the Local Tender Board as well as for the Efficiency Committee of the Local Tender Board. (d) That in terms of the Tender Board Regulations, Regulation 2, the following public members be appointed to serve on the Local Tender Board for a period of three years, which may be extended for a further period of two years and on expiry of the period, the member may be reappointed: (i) (ii) (e) That the following staff members be appointed to serve on the Local Tender Board: (i) (ii) (iii) (iv) (v) (f) Mr Sakaria Amoomo, Secundi: Didrich Tsudisa !Gonteb, Ms M Menjono: Member of the Public, Secundi:Mr S T Kathindi, The Chief Executive Officer, who is the Chairperson General Manager : Engineering Services (Vice-Chairperson) Secundi: Manager : Planning & Design General Manager : Health Services Secundi: Manager : Health Services General Manager : Finance Secundi: Manager : Finance General Manager : Community Development Services Secundi: Manager : Community Development Services That it be noted that the established Efficiency Committee of the Local Tender Board consist of: (i) The Chairperson of the Local Tender Board (ii) General Manager : Finance Secundi: Manager : Finance (iii) Representative of the respective department dealing with the tender or quotation. (g) That the fee for the member of the public to attend Local Tender Board meetings be: (i) (ii) N$200.00 per sitting per day if less than one hour; and An additional N$100.00 per hour if more than one hour is needed. The meeting adjourned at 20H00 Minutes confirmed on: 30 June 2011. Councillor R //Hoabes CHAIRPERSON AG/- M N IPINGE ACTING CHIEF EXECUTIVE OFFICER