Decision list December 10, 2024

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Present

Mr. J.C.J. van Bree, mayor, Mr. F.J.M.C. Stravers, Alderman, Mr. J.A.T.M. van de Laar, Alderman, Mr. P.J. Looijmans, Alderman, Ms. M.J. Sanders - de Jonge, Alderman, Mr. G.J.A.H. van Gestel, Alderman, Mr. N.J.H. Scheltens, town clerk, Ms. N. van der Werf, note taker

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Decision list B&W meeting dated December 3, 2024.

The decision list of the public college meeting of December 3, 2024 is adopted accordingly.

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Decision on objection regarding permit for roller skate show in sports hall de Weijer

A notice of objection has been filed against the granting of a permit to hold a roller skate show on June 23, 2024 in Sporthal de Weijer in Mierlo because of the parking nuisance that would be created.
The Objections Committee recommended that the objection be declared admissible and that the contested decision be supplemented with a strong and clear justification.

The College decides:
1. to declare the decision admissible;
2. to uphold the decision and supplement it with a supportable and clear justification.

3

 

Advisory note PDO recovery decision

By decision dated July 17, 2023, an order under penalty was imposed for planning violations. During an inspection on April 10, 2024, a violation of this order was found. As a result, a penalty payment was forfeited by operation of law. Because payment of the forfeited penalty was not made, a so-called "recovery order" was issued on July 3, 2024. Such a decision creates the power to enforce payment of the forfeited penalty payment through coercive measures. This recovery order was objected to. On the basis of this advice note, this objection will be decided.

The College decides:
1. To declare the objection admissible and uphold the contested decision without modification.
2. To agree to the attached draft decision on the objection.

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Advisory note annual 2025 Performance Agreements

In the performance agreements, various agreements are made between the municipality of Geldrop-Mierlo, the housing corporations in the municipality and the tenant organizations. In December 2023, the parties involved signed the updated Annual Plan Municipality of Geldrop-Mierlo 2024. In it the parties agreed to enter into discussions with each other in 2024 about current developments and their possible consequences for the mutual agreements. Based on these discussions, the agreements in the Annual Plan 2025 have been updated as agreed.

The College decides:
1. To agree to the 2025 updated annual budget (Annex 1) and proceed to signature in December 2024;
2. To grant Alderman van Gestel power of attorney (Annex 2) to sign the 2025 updated annual budget in December 2024;
3. To agree to the council information letter (Annex 3) and send it after the signature of the updated annual budget.

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Advisory note ROZE foundation and indexation 2024 and 2025

Since 2022 the foundation ROZE (Regionale Opvang Zwerfdieren Eindhoven) takes care of the legal tasks of Geldrop-Mierlo in the field of the reception of stray animals. The past year some start-up problems of the ROZE foundation have emerged. One of these was that the participating municipalities did not formally agree to the indexation to be applied. For the budget of the current year (2024) and the future year (2025) of the ROZE foundation, it is necessary to do so after all. Given various circumstances, this is a fairly substantial rate increase. This creates some financial adjustments in the municipal budget.

The College decides:
1. To agree to the submitted budget with corresponding indexation of 10%. This means that, as of January 1, 2024, the price per inhabitant will increase from € 1.84 to € 2.02. The total contribution after indexation is € 81,690.
2. To agree to increase the rate for 2025 to € 2.16 and to increase the animal welfare budget by € 7,500 in the first Turap 2025.
3. Agree to share the additional deficit of € 19.239,- of the ROZE foundation by means of an internal statement to the ROZE foundation for 50% and to divide the other 50% proportionally among the municipalities (for Geldrop-Mierlo this amounts to a one-time € 665,21).

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Advisory Note Regional Operational Framework Environmental Permitting Supervision & Enforcement 2025-2028

The municipality of Geldrop-Mierlo is the competent authority for the implementation of licensing, supervision and enforcement (VTH) in relation to environmentally harmful activities. To ensure efficiency, expertise and consistency, the implementation of this has been placed with the Omgevingsdienst Zuidoost-Brabant (ODZOB). This allows us to benefit from economies of scale and ensure higher quality and better cooperation in the management of basic and request tasks in the field of the environment.

The Regional Operational Framework Environmental Licensing, Supervision and Enforcement (ROK VTH) 2025-2028 forms the concrete basis for the joint implementation of these environmental tasks.

The college decides to adopt the Regional Operational Framework for Environmental Licensing, Supervision and Enforcement (ROK VTH) 2025-2028.

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College proposal Management letter 2024

The auditor issued the management letter following the interim audit in recent weeks. The auditor's opinions in that management letter are accompanied by management commentary. The auditor's opinion on budget regularity affects the October 29, 2024 college decision on the council's 2024 audit proposal.

The college decides:
1. To revoke the college decision dated October 29, 2024 on the council decision on audit 2024 for the 2024 budget legitimacy process section;
2. To accept the 2024 management letter for notification;
3. To adopt the management comments in the 20024 management letter;
4. To accept the council proposal on audit 2024 for notification.

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Advisory note process description Parcel Splitting

With this process description, we aim to have a consideration framework for the lot split requests we receive.
The framework promotes uniformity in consideration both substantively and procedurally.

The college decides;
1. To approve the process description of lot splitting and associated consideration framework;
2. To agree to the council information letter attached.

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Advisory Note College Policy Development Privacy Organization and Audio and Imagery

B&W adopted the Privacy Policy Update March 12, 2024. This referenced two additional policy updates that more specifically address the Privacy Organization, and Audio and Imagery. These 2 policy updates are now before us. At the September 16, 2024 council meeting, an amendment was introduced and adopted that directs the college to update the Privacy Policy Update. This update will come in Q2 2025.

Together, these three policy updates provide direction as to how B&W, as responsible for the protection of all municipal processing of personal data, complies with the General Data Protection Regulation (AVG) and the Police Data Act (hereafter Wpg).

College Decision:

  1. To adopt the Privacy Organization policy development; to adopt the Audio and Imagery policy development.

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College proposal Explore options for two additional outdoor sports facilities

In the council meeting of November 9, 2023, the CDA submitted an amendment requesting the college to conduct a study by the end of 2024 on adding two additional cross-district outdoor sports facilities in the municipality of Geldrop-Mierlo. Preferably one in Geldrop and one in Mierlo. The college has complied and offers in the appendix of this council information letter the conducted research including recommendations.

The College decides to agree with the content of the council information letter and offer it to the City Council.

11

 

Annotation Environment Day Dec. 11, 2024

On December 11, 2024 Environment Day will take place in Heeze. It was agreed to provide one annotation to the college for discussion. This will give the college members going to the Environment Day a complete picture and ensure that the input to the college is aligned. The annotation includes input from various subject officials involved. If desirable and possible, prior to the Environment Day, coordination can take place between the relevant portfolio holder and the staff involved.

The college decides to take note of the annotation prepared and, where necessary, to discuss points among themselves in the college.

12

 

Council information letter consequences VNG resolution Integral Care Agreement (IZA)

On November 29, 2024, the General Assembly (ALV) of the Association of Netherlands Municipalities (VNG) took place. During this ALV, the resolution 'Stop talks follow-up IZA until set Requirementsare met' was put to a vote. This resolution links participation in the Integral Care Agreement (IZA) to both equality in the national IZA cooperation and the financial feasibility of the IZA by the municipality(s). In addition, the resolution indicates that without these preconditions, there are far-reaching risks and consequences for the feasibility of the IZA. The resolution therefore calls for no further participation in the IZA until both preconditions are met. At the ALV, the resolution was adopted by a large majority. This council information letter informs the city council about the consequences as well as the future perspective. It has been prepared in coordination with the 20 other municipalities in Southeast Brabant.

The College decides to agree to forward the attached council information letter to the City Council.

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Invitations, to be discussed at B&W meeting December 10, 2024

The invitations are accepted for consideration.

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Overview of representation as of Dec. 10, 2024

The overview of representation is accepted for consideration.