Decision list April 12, 2022

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Present

Mr. J.C.J. van Bree, mayor, Mr. G.M.J. Jeucken, deputy mayor, Mr. H. van de Laar, Alderman, Mr. P. Looijmans, Alderman, Mr. R. van Otterdijk, Alderman

Absent

Mr. N.J.H. Scheltens, town clerk

Plv. note taker

Mr. J. Bastiaans, services department manager

1. Decision list public college meeting dated April 5, 2022.

The decision list of the public college meeting of April 5, 2022 is adopted accordingly.

2. Advisory note RIB deployment Kluppluz 2022.

Your college approved the use of Kluppluz on January 25. The proposal promised that another Council information letter would be prepared.

The College decides:
1. to agree with the content of the Council Information Letter Deployment Kluppluz to strengthen the care structure around the young child (0-4 years).
2. to forward it to the council.

3. Signing mandate of director of Dommelvallei Service.

When entering into the Dommelvallei Joint Arrangement, no powers were transferred. It was agreed that powers would be assigned by means of separate mandates. Many powers have already been mandated in this way. These mandates are included in the Dienst Dommelvallei Mandate Register. In practice, the need has arisen to expand the mandate for signing agreements.

The College resolves to invite the Mayor to instruct the Director of the Dommelvallei Service to sign the agreements entered into by him on behalf of the Municipality of Son and Breugel as mentioned in the College's Proxy Decision to the Executive Board of the Dommelvallei Service dated November 20, 2018.

4. Advisory note council proposal Heritage Ordinance Municipality of Geldrop-Mierlo 2023

When the Omgevingswet comes into force, a new Heritage Ordinance should come into force at the same time, with a correct reference to the new law articles of the Omgevingswet.

The College decides:
1. To offer the attached draft council resolution to adopt the 'Heritage Ordinance Municipality of Geldrop-Mierlo 2023' to the city council;
2. To waive a public participation procedure;
3. After adoption, to publish the new Heritage Ordinance so that it will automatically come into force the moment the Omgevingswet comes into force.

5. Advisory note on updating GR Senzer

The Joint Regulation Werkbedrijf Atlant-de Peel (Senzer) entered into force on January 1, 2016. Senzer executes the Participation Act and the Social Employment Act for the seven municipalities of the labor market region of Helmond-de Peel, including the municipality of Geldrop-Mierlo. The Joint Scheme (GR) is being updated, partly as a result of the evaluation of Senzer and amended legislation and regulations. The aim is that the amended GR will enter into force on January 1, 2023. Through the state of affairs memorandum, the colleges and councils of the 7 participating municipalities will be informed about the intended direction and process.

The College decides:
1. To take note of the status of the memorandum updating governance Senzer
2. To inform the council by means of the council information letter and this memorandum.

6. Advisory note Withdrawal decision excluding email and fax Wob request.

On Sept. 16, 2014, both the college and the mayor took the decision to exclude the filing of a request under the Government Information (Public Access) Act via fax or email. The decision was made at a time when the Wob was frequently abused by people seeking financial gain. By excluding Wob requests via e-mail and fax, we wanted to prevent potentially improper requests for information. On May 1, 2022, the Open Government Act (Woo) will come into effect. Article 4.1 Woo explicitly states that a request can be submitted electronically. The administrative body determines the method of electronic submission, such as via a web form or a specific e-mail address. Although the September 16, 2014 decision will lapse by operation of law with the advent of the Woo, it will have to be formally repealed.

The College decides to revoke the September 16, 2014 decision in which both the College and the Mayor made the decision to exclude the submission of a request under the Government Information (Public Access) Act via fax or e-mail.

7. Advisory note on decision on objection - extend period of benefit.

On August 19, 2021, your college decided to extend the period of grace regarding the order under penalty imposed in connection with room-to-room rental at Hulst 149. This decision was objected to. This advisory note seeks a decision on the objection.

The College decides to declare the objection admissible and unfounded and uphold the contested decision.

8. Advisory note amending environmental permit.

A permit holder, following a notice of objection, requests the amendment of some parts of a granted but not yet irrevocable environmental permit for the construction of a new house. This is in connection with an objection filed against it.

The College decides:
1. Amend the environmental permit in accordance with the request (1771300363).
2. Notify permit holder accordingly, as well as the Objections Committee, court and objector.

9. Advisory note on building agreement and use agreement Mifano and building agreement HUP

The municipality owns sports park De Ark on the Goorsedijk in Mierlo. Tenant and sole user of the sports park is soccer club Mifano. Various structures are present on the grounds. For example, since 2017 there has been a seating stand on the sports park.
The association has also placed eight dug outs and a playground equipment there. On the Arkweg in Mierlo, located on the north side of sports park De Ark, is sports hotel HUP. HUP has erected four metal silhouettes in the municipal green strip next to the Arkweg. For all of the aforementioned structures, by law they have become the property of the municipality. This means that at the moment it is not unequivocally established who is responsible for the management and maintenance of the structures. And in the event of any damage resulting from the use of the buildings, the municipality can be held liable. In the agreements presented for decision, the municipality records the agreements made with Mifano and HUP regarding the responsibility and liability for the buildings.

The College decides:
1. To agree to the establishment of a right of superficies on the grandstand on sports park De Ark in Mierlo for the benefit of soccer club Mifano, all this under the Requirements as mentioned in the draft superficies agreement attached as Annex 1;
2. To agree to the commissioning of playground equipment and eight dug outs on De Ark sports park in Mierlo to soccer club Mifano, all subject to the Requirements as mentioned in the draft user agreement attached as Annex 2; 3. To agree to the establishment of a right of superficies on four silhouettes on the Arkweg in Mierlo for the benefit of HUP B.V., all subject to the Requirements as mentioned in the draft superficies agreement attached as Annex 3.

Article 38 questions were asked by GroenLinks about the desire to close the street Loeswijk in Mierlo.

The College decides:
1. To approve the answer to the article 38 questions of GroenLinks about the desire to close the street Loeswijk in Mierlo;
2. To forward the answers to the questions to the municipal council.

11. Advisory note council proposal view budget 2023 MRE

On July 6, 2022, the General Board of the Eindhoven Metropolitan Region (MRE) will discuss the 2023 budget. The Executive Board of the MRE will now first submit this budget to the councils of the 21 municipalities to give them the opportunity to submit an opinion. An opinion has been prepared to be presented to the council on June 7, 2022.

The college decides to propose to the council to:
* To take note of the program budget 2023 of the Eindhoven Metropolitan Region;
* Agree with the prepared view and send it to the general board of the Eindhoven Metropolitan Region;
* To process the financial consequences in the multi-year budget of the municipality of Geldrop-Mierlo.

12. Advisory note Results, continuation and expansion of program STORM

Depression and suicidality are a common problem among young people. In order to identify and prevent symptoms, the prevention program STORM has been developed in recent years in the Southeast Brabant region in cooperation with municipalities, GGD, education and GGZ. The aforementioned parties have received a report on the results from 2016-2020. The program will be continued and expanded in the coming years.

The College decides:
1. To take note of the final report 2016-2020 STORM Southeast Brabant and the results of the research depression and suicide prevention STORM Southeast Brabant 2021; 2. To agree with the financial application 2022-2025 for the continuation and expansion of program STORM and the future plan STORM.
3. To agree to the attached Council information letter Future STORM.

13. Advisory note Council information letter public launch Regioradar Eindhoven

Requested approval of the council information letter public launch regional radar Eindhoven.

The college decides to agree to the council information letter public launch of region radar Eindhoven.

14. Overview of representation college as of April 12, 2022

The overview of representation is accepted for consideration.

15. Invitations to be discussed in college meeting dated April 12, 2022

The invitations are accepted for consideration.