Decision list December 17, 2024

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

1

 

Decision list B&W meeting dated December 10, 2024.

The decision list of the public college meeting of December 10, 2024 is adopted accordingly.

2

 

Advisory note DVO Language and Integration Education Route

For purchasing the Education Route (MBO, HBO and WO) within the framework of integration, 20 municipalities in the Southeast Brabant region are pulling together. A Service Agreement with Eindhoven was concluded for this purpose in 2021. This works satisfactorily. The region municipalities want to continue this cooperation in the years 2025-2029. To this end, a Service Agreement must be signed and mandate and power of attorney granted to the municipality of Eindhoven.

The college decides:
1. To adopt the Service Agreement "Service Agreement Language & Integration" with regard to the regional purchase of the educational routes MBO, HBO and WO for permit holders from January 1, 2025 to December 31, 2029 with simultaneous termination of the Service Agreement Regional Purchase Integration Southeast Brabant (2020-2025).
2. To agree to grant a mandate to the Municipal Executive of the Municipality of Eindhoven, each insofar as it concerns its powers, in accordance with the Mandate Decree DVO Taal en Inburgering Geldrop-Mierlo as referred to in Annex 3, to:
a. decide, on behalf of the Municipality of Geldrop-Mierlo, to enter into or terminate agreements with service providers regarding the Education Route MBO, Education Route HBO and Education Route WO as described in the service agreement referred to in decision point 1;
b. to decide to amend the agreements referred to under a. on the condition that
i. the participating municipalities have been informed in good time and with reasons before those amendments; and
ii. that amendment per agreement has a financial impact of less than 10% of the total contract value per calendar year for all the municipalities participating in the Service Provision Agreement Language & Integration.
3. To request the Mayor to grant power of attorney to the Mayor of the Municipality of Eindhoven, with the right of assumption and substitution, to sign the agreements referred to in decision point 2 and to represent the Municipality of Geldrop-Mierlo therein, in accordance with the Mandaatbesluit DVO Taal en Inburgering Geldrop-Mierlo as referred to in Annex 3.
4. To grant permission to the Municipal Executive of the Municipality of Eindhoven, each insofar as it concerns its powers, to grant submandates to subordinates for the powers referred to in decision points 2 and 3 in accordance with the Mandate Decree DVO Taal en Inburgering Geldrop-Mierlo as referred to in Appendix 3.

3

 

Advisory note RIB Pactum

We want to keep the council informed of the latest developments regarding Pactum.

The College decides to approve sending the attached Council Information Letter to the City Council.

4

 

Advisory note RIB Supervisor 2024

The Regional Supervisor's Plan of Action is sent to the City Council for notification.

The College decides to approve sending the attached Council Information Letter to the City Council.

5

 

Advisory note RIB client participation PlusTeam

This is a council information letter to include responses to the 3 commitments previously made by the Alderman on clinician participation on the PlusTeam.

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

6

 

Implementation and enforcement strategy VTH Geldrop-Mierlo 2025-2028

Licensing, supervision and enforcement (VTH) are essential activities for a municipality in relation to residents and entrepreneurs. These task areas are diverse: from residents who want to change something on the outside of their house to checks on the Alcohol Act at entrepreneurs. In this Implementation and Enforcement Strategy we explain which tasks we as a municipality perform within the VTH task area, what we focus on in the next four years and how we achieve this.

The college decides:
1. To approve the Implementation and Enforcement Strategy VTH Geldrop-Mierlo 2025-2028.
2. To inform the council by means of the attached council information letter.
3. To inform the province of Noord-Brabant about this.

7

 

Advisory note bus lane Mierloseweg

The regional Accessibility Agreement includes the realization of a bus lane on the Mierloseweg (road section Grote Bosweg-Dwarsstraat). The project is also included in the activity plan for the year 2024 with an amount of € 530,000. Co-financing from the Accessibility Agreement is in principle possible, as long as the financial resources from that budget are sufficient. It is therefore important that this project is brought further into the procedure as soon as possible. To this end, we must now initiate the formal public consultation after which the project can be further prepared and implemented. Implementation of the project is scheduled for 2025.

The college decides:
1. To approve the preliminary design for the construction of a bus lane on the Mierloseweg (Grote Bosweg-Dwarsstraat road section).
2. To release the preliminary design for public participation.

8

 

Advisory note Evaluation and continuation of regional disputes committee GM

As of January 1, 2021, the Regional Disputes Committee Brabant-Zuidoost (further: the Committee) was started. About 30 municipalities/communal arrangements are affiliated with this to implement article 11.5 of the Collective Agreement for Municipalities/Coao SGO. It was recently evaluated and is proposed to be extended.

The college decides:
1. To approve the amended cooperation agreement Regional Disputes Committee Brabant-Zuidoost (article 5).
2. To agree to the amended regulations of the Brabant-Zuidoost Regional Disputes Committee (articles 3.3, 3.9 and 3.10).
3. To agree to amend the requirement for the appointment of a chairman (article 3.3 of the Brabant-South-East Regional Disputes Committee Rules).

9

 

Advisory note on Bibob policy update.

The Public Administration Integrity Assessment Act (Bibob Act) is an administrative law instrument to protect the integrity of municipal government. The use of the instrument contributes to tackling undermining. Within the six municipalities of the Basic Team Dommelstroom there is intensive cooperation to strengthen resilience against undermining crime. This also took place in the (updating of the) present Bibob policy rule. Taskforce-RIEC has supported this process by deploying legal expertise. To resist undermining as much as possible, it is important that the basics are in order. The Brabant standard defensible government also requires that Brabant municipalities ensure up-to-date Bibob policy, which includes all government decisions that fall under the application of the Bibob Act. The Bibob policy in force until now also monitors this, but it is outdated. Legislative amendments have prompted the updating of the Bibob policy.

The College decides:
1. To adopt the Policy Rule on the Bibob Act Municipality of Geldrop-Mierlo 2025 and have it enter into force as of January 1, 2025.
2. To repeal the Policy Rule Act Bibob Municipality Geldrop-Mierlo 2021 and to allow it to lapse simultaneously with the coming into force of Policy Rule Act Bibob Municipality Geldrop-Mierlo 2025.
3. To inform the City Council about the adoption of the Policy Rule Wet Bibob Municipality Geldrop-Mierlo 2025 in accordance with the attached draft council information letter.

10

 

Advisory Note Handbook of Cables and Pipelines 2025.

The Underground Infrastructure Regulation (VOI) contains rules around the process of construction and management of underground infrastructures. These rules are quite abstractly formulated. For daily practice, a set of detailed rules has been further elaborated in a Cables and Pipelines Handbook. The old Handbook dates from 2018 and needs updating.

The college decides to adopt the 2025 Cables and Pipelines Handbook and simultaneously repeal the 2018 Cables and Pipelines Handbook.

11

 

Advisory note PDO Bogardeind 112

Objection to the granting of an environmental permit for the conversion of a café with pool hall to pool center at 112 Bogardeind.

The College decides:
1. To declare the objection admissible.
2. To declare the objection unfounded.
3. Inform the objectors that this decision can be appealed to the court.

12

 

Advisory note on decision on objection Beneden Beekloop

On April 29, 2024, an environmental permit was granted to the municipality for the uprooting of two swamp oaks on a plot at the Beneden Beekloop near house number 65 in Geldrop in connection with old storm damage. A notice of objection has been filed against this. The municipality has had an external advisor conduct a further investigation. This concluded that it is not necessary to fell these trees, but that it would be wise to put one tree back to a height of about 18 meters. This in connection with the risk of branch breakage. The Objections Committee recommends that the contested decision be revoked or that the reasons for the decision be supplemented. The primary decision is insufficiently motivated towards the municipal policy framework (Green Policy Plan and Tree Management Module).

The College decides:
1. To declare the objection admissible.
2. To revoke the contested decision of April 29, 2024.
3. To refuse the requested permit as far as tree 26313 is concerned.
4. Grant the requested permit on reconsideration for tree number 12367, with the understanding that this permit is limited to setting the tree back to a height of approximately 18 feet.
5. In doing so, provide that no replacement planting is required in connection therewith.

13

 

Advisory note on decision on objection to felling permit amber tree Gruttostraat

On July 12, 2024, a permit was granted for the clearing of an amber tree on Gruttostraat. A notice of objection has been filed. The Objections Committee recommends that the decision under appeal be upheld with additional justification. According to the Tree Management Module, a tree can be cut down if its condition is poor. In this case, due to storms in the past, a plaque has broken out. This has damaged the trunk about halfway down. In addition, the tree is an amber tree, which are naturally prone to branch breakage. Cars are parked under the tree. All this together means that the condition of this attention tree should be classified as "poor. This makes its replacement consistent with policy. A replanting obligation has also been imposed.

The College decides:
1. To declare the objection admissible.
2. To uphold the contested decision, the logging permit, with additional justification.

14

 

Advisory note on sale of strip of land adjacent to Spaarpot 116

As part of the business operations of the recycling company located at 116 Spaarpot, the owner asked about the possibility of purchasing a strip of land adjacent to his business.

The college decides to approve:
1. The sale of a strip of land cadastral known municipality Geldrop section H number 501 partly totaling approximately 277 m2 for the purchase price of €195, - per m2 k.k.
2. The contents of the sales agreement.

15

 

Cover page college proposal Status of development of auction site

The attached RIB explains the status of the development at the Veilingterrein in Mierlo. This in response to a commitment by the college to inform the council about this.

The College decides to approve the attached council information letter and forward it to the Council.

16

 

Advisory note street name change The Achterom

The college has previously decided that the parking lot behind Korte Kerkstraat can be designated for parking regulation. To implement this decision and clearly communicate it to citizens and visitors, it is necessary to assign an official street name to the parking lot.

The college decides to approve the street name "The Backstreet".

17

 

Advisory note Guidance on Visual Quality Plans

Several image quality plans have been presented to the council in recent years. This often raised the question of when and why image quality plans should be applied. At the council meeting of March 25, 2024, Alderman Van Gestel made a commitment to provide clarity regarding image quality plans. On Oct. 4, an update was given to the council that a guideline was being worked on and would be completed by the end of this year. The guideline is now ready. With the attached council information letter and guideline we want to inform the council and offer a clear framework for the usefulness and necessity of image quality plans.

The College decides:
1. To approve the Guideline for Visual Quality Plans.
2. To agree to the council information letter attached.

18

 

Cover sheet college proposal image-forming session parking lot De Meent

On April 22, the council decided that parking lot De Meent will be used as a location to create more parking spaces. In the image-forming session during the Space Committee on February 3, we would like to explain the results of the research into the possibilities using a presentation. This presentation has already been discussed with your college on December 10.

The college decides:
1. To agree to the attached memo.
2. To forward the attached memo with agenda request to the Space Committee.

19

 

Advisory Note From Empel

An objection was filed against the renewal of a permit to place 5 units/containers on Columbus Street for the purpose of renovation work on homes in the Coevering neighborhood from May 28, 2024 to December 31, 2024. The objector had previously experienced nuisance from the containers, construction traffic and noise.

The College decides:
1. To rescind the contested decision and issue a revised decision granting relief for the permitted two-week period.
2. Not to choose to consider the request for waiver as an ever-repeating request and to grant a waiver for a period of two weeks each time until the end of the period.

20

 

Invitations, to be discussed at B&W meeting December 17, 2024

The invitations are accepted for consideration.

21

 

Overview of representation as of Dec. 17, 2024

The overview of representation is accepted for consideration.

22

 

Advisory note Addendum and cooperation agreement Youth Care Plus 2025

The 5 youth aid regions in East Brabant (Central Brabant, Northeast Brabant and Brabant Zuidoost) and North and Central Limburg together form the Southeast Netherlands country district. The Southeast Netherlands region jointly purchases JeugdzorgPlus. The current agreement runs from 2021 to December 31, 2024. For 2025 a one-year extension has been verbally agreed with the providers. Entering into this extension has been laid out in an Addendum and an extension of the cooperation covenant for contract management and is now up for decision.

The college decides:
1. to agree with the extension of the agreement JeugdzorgPlus landsdeel Zuidoost Nederland for one year.
2. To agree to the attached addenda JeugdzorgPlus landdeel Zuidoost 2025 with the providers Pactum (location Zetten and Deurne) and Via Jeugd.
a. Via Jeugd: to agree with the mix rate per twenty-four hour period of € 796,70 and the availability of 25 places for the southeastern part of the country.
b. Pactum Deurne: to agree with the mix rate per twenty-four hour period of € 879,22 and the availability of 30 places for the southeastern part of the country.
c. Pactum Zetten: to agree to the 24-hour mixed rate of €901.97 and the availability of 26 places for the Southeastern region.
d. To agree to the cancellation of the regulation on exceptional costs.
e. To agree to adjust the conditional authorization rate to the 2025 price level.
f. To agree to the inclusion of an option in the Addendum that Via Jeugd may move a maximum of two groups of six youth in 2025, after consultation and with the prior consent of the Southeastern region.
3. To agree to a one-year extension of the cooperation covenant contract management JeugdzorgPlus landsdeel Zuidoost 2021-2024.
4. To make an additional structural contribution of € 218,000 available and to charge this to the budget balance.
5. To include the additional structural contribution of €218,000 in the first interim report 2025.