Decision list June 24, 2024

1

Decision list public college meeting dated June 18, 2024

The decision list of the June 18, 2024 public college meeting is adopted as presented.

2

Adopt GR Cure

On June 10, 2024, the council of the municipality of Geldrop-Mierlo granted the college permission to adopt the amended GR Cure. The councils of the other participating municipalities also granted this permission. As a final step, the colleges of the municipalities participating in the GR take final decisions. Upon unanimous decisions, the GR will be definitively amended and published in the municipal gazette and registered (GR register) in the usual way. The effective date (after publication) is in the regulation itself.

The college decides to adopt the amended GR Cure.

3

Cover page college proposal article 36 questions SAMEN on minimum allowances

On May 24, Pieter van de Vossenberg, on behalf of SAMEN, submitted written questions (article 36) regarding the mini schemes. In the enclosed answer we inform them about this.
In order to respect the prescribed procedure and time schedule for answering council questions, we must provide the Municipal Clerk’s Office Office with a response by June 25 (day of college meeting) or request an extension for this.

The college decides:
1. To agree to answer the questions of Samen on minimum regulations and to forward them to SAMEN through Municipal Clerk’s Office ;
2. To agree to add clarification report Dashboard Minima Geldrop-Mierlo 2023 in the appendix of the answer;
3. To agree to coordinate the college decision taken on the above, on June 25 with official advisor.

4

Advisory note Awarding Contract 2024-03 Aragorn

On May 22, 2024, the tender for specification 2024-03: "Construction Blue Vein Aragorn" took place. The lowest bid sum is higher than the specifications estimate. After considering options, we propose to award the work.

The college decides to award the specifications 2024-03: "Construction Blue Vein Aragorn" to the company Van Gelder from Elburg, for a contract price of €1,986,400, excluding VAT.

5

Cover page college proposal answering Article 36 question on looted Jewish property

In the so-called 'Verkaufsbücher' the objects are listed where there was the looting of Jewish real estate during the Second World War. The municipality of Geldrop-Mierlo is listed with one object in these books. Sometimes municipalities at the time also 'bought' properties themselves that are not recorded in the 'Verkaufsbücher'. It is also known, that all kinds of art objects ended up in foreign hands. Pointer and Follow The Money has been asking our municipality since 2020 whether it has already commissioned independent investigations into such suspicious transactions. Brokers, middlemen, notaries, tax authorities and mortgage banks made a lot of money from such transactions. Jewish owners who survived the war or their heirs sometimes even had to pay back taxes to the municipality. Legal rehabilitation of Jews after World War II fell short. A number of municipalities have already investigated and additionally arranged compensation for victims and/or surviving relatives. To know what the role of the municipality was, an independent investigation is necessary. After all, it cannot be excluded that the municipality itself has been involved in such transactions or has claimed such overdue payments from (heirs of) victims. The NIOD will investigate municipalities that are negligent in this regard. 

'Samen' has now asked questions on this matter ex Article 36 of the "Rules of Procedure for the meetings and other activities of the council of the municipality of Geldrop-Mierlo 2023.

The College decides to answer the questions of "Together" as per the attached draft.

6

Advisory Note Annual Report of Commission on Objections and Complaints 2023

In accordance with the Regulation Objections and Complaints Committee Geldrop-Mierlo 2023, the Objections and Complaints Committee reports annually on its activities in the preceding calendar year.

The College decides:
1. To take note of the 2023 Annual Report of the Objections and Complaints Committee.
2. To adopt the conclusions and recommendations of the Objections and Complaints Committee.
3. To agree to inform the council through the council information letter on the 2023 Annual Report of the Objections and Complaints Committee.

7

Advisory note Agreements parking lot & area development Great Forest

On March 28, 2023, your college approved several agreements to realize parking lot Big Woods. These agreements include the establishment of a management association for the basket parking lot. To establish this management association, directors must be registered, for which the municipality must appoint one director. Because there are three members of the management association, all members must also designate a beneficial owner (UBO). In order to participate in the association, a council resolution is required under Article 160 (2) of the Municipal Law. This must be done before your council can pass a resolution. A draft decision must be sent to the council and it must be given the opportunity to make its wishes and objections known to your college. With this advisory note it is requested to agree to the said council proposal.

The college decides to agree to the council proposal and present it to the council at its meeting on September 16, 2024.

8

Health for Youth Advisory Note

The Verwijsindex Risicojongeren (VIR) is a digital system, which is required by law for municipalities, that brings together risk reports about young people up to 23 years of age. In the Southeast Brabant region, we use the Health for Youth system as an implementation of the VIR. The goal is early detection of risks that threaten a youth's healthy and safe development into adulthood, so that timely appropriate help, Health or adjustment can be given. The State plans to abolish this legal and national instrument as of Jan. 1, 2026. At the annual conference of the VNG, a motion will be submitted by North and Central Limburg to reconsider the abolition of the VIR. The college is asked through this advisory note to decide on the termination of the agreement with Health for Youth.

The college decides to agree to discontinue the agreement with Health for Youth with an end date of December 31, 2024 and to incorporate the positive financial impact into the 2025-2028 multi-year budget.

9

Legal Quality Assurance Annual Report 2023

A legal quality assurance system cannot exist without a periodic review of the municipal organization or parts thereof for legal quality and legal risks. The preparation of an Annual Legal Quality Assurance Report is an instrument for this.

The College decides:
1. To take note of the 2023 Annual Legal Quality Report and endorse the MO's decisions in Chapter 10.
2. To agree to the Council information letter.

10

College proposal RIB Help on Measure Q2

The attached council information letter provides an update on activities and developments around Help to Measure in the second quarter of 2024 (action item Ibabs 6167). Also included is an update on the final energy allowance 2023 and a look ahead to the third quarter.

The college decides to agree to the council information letter Help to Measure Quarter 2 2024, and forward it to the council through the Municipal Clerk’s Office Office.

11

Annual Supervision of Child Care Act

Childcare includes the following facilities: Child Day Care Centers (KDV), Extracurricular Care (BSO), Guest Parenting Agencies (GOB) and Facilities for Guest Parenting (VGO). Under the Childcare Act, municipalities are responsible for supervising and enforcing the quality of childcare facilities. The Board of Mayor and Aldermen accounts for the execution of its tasks annually to both the City Council (the horizontal supervisor) and the Inspectorate of Education (the inter-governmental supervisor). Accountability to the Inspectorate takes place via the attached annual report.

The College decides:
1. To adopt the Annual Accountability for Child Care 2023.
2. To agree to inform the City Council by means of the attached Council Information Letter, including the Child Care Annual Account 2023.

12

Advisory note Draft Noise Action Plan 2024-2029, 4th installment

Pursuant to the European Environmental Noise Directive, our municipality, as part of the Eindhoven agglomeration, must draw up an action plan. The content and details of the Noise Action Plan are therefore laid down in legal regulations. A Noise Action Plan is a mandatory program. The law requires that the draft Noise Action Plan is available for public consultation for a period of 6 weeks, and that the college definitively adopts the action plan after this period. This is the fourth time an action plan has been prepared.

The college decides:
1. To approve the attached draft Noise Action Plan 2024-2029, 4th installment.
2. To submit the draft Noise Action Plan for public consultation for 6 weeks.
3. To adopt the attached Council Information Letter 'Noise Action Plan 2024-2029' and forward it to the City Council.

13

Rail zone adapt rail tunnel - participation design

The municipality was awarded a grant in 2006 for the Spoorzone project from the Single Payment Scheme for Rail Crossings. The Spoorzone project consists of several plan sections, most of which are now complete. The shortening and modification of the station tunnel is one of the components of the sub-plans. In 2016, the station tunnel on the Zesgehuchten side (west side) was shortened. Now that the surrounding work has been completed, the modification of the inside of the station tunnel can be completed. This proposal discusses the process and design variants for this modification.

The college decides:
1. To take note of the process.
2. To agree to the draft variants.
3. To agree to the participation process.

14

college proposal regional project collective funding of Health in education time 4.0

From education, municipalities and youth aid providers in the youth aid regions Samen voor Jeugd and Een 10 voor de Jeugd an explicit desire has been expressed for even better and more efficient cooperation between youth aid and education. Involved municipalities within the youth aid regions and the partnerships for Appropriate Education have expressed the ambition to further elaborate and shape this regionally in the regional project Collective Financing of Health in Education Time (ZiO). This regional project focuses on the schools for special education, special primary education and secondary special education in Southeast Brabant. The joint agreements for this project have been laid down in a cooperation agreement between all parties involved, which is now presented for signature with this advisory memorandum.

The College decides:
1. To agree to participate in the project Collective Financing of Health in Education Time and to enter into the cooperation agreement "Collective Financing of Health in Education Time" for this purpose.
2. To request the mayor to grant power of attorney to Ms. Sanders - de Jonge to sign the cooperation agreement "collective financing Health in educational time" between the 21 municipalities and 5 partnerships appropriate education in Southeast Brabant.

15

College Proposal RIB Development Strategy

The Portfolioholder Consultation MRE Ruimte is taking stock of whether the 21 city councils have wishes and objections regarding the 5 development principles from the Ontwikkelstrategie Zuidoost-Brabant (13 July 2023). Our city council has been informed several times about the Development Strategy and related visions, through council information letters, but also through regional sessions. With this council information letter the council is included in what has taken place around the Ontwikkelstrategie Zuidoost-Brabant (in time, but also in content) and with it the conclusion that there are no wishes and objections with regard to the 5 development principles, but that, as long as there is no permit, we continue to agitate against the XXL logistic location north of the core of Geldrop.

The college decides:
1. To approve the council information letter Development Strategy Southeast Brabant.
2. To mandate Alderman Van Gestel to make adjustments to the council information letter as a result of your discussion in the college.

16

Advisory note on grant funding for rail crossings

For the project Spoorzone Geldrop we received the decision for the subsidy of the Regeling eenmalige uitkering Spoorse Doorsnijdeningen in November 2006. After we started implementing the plan in December 2016, we received the indexed subsidy amount of € 3,788,166, - at the beginning of 2017. With the exception of the redevelopment of Station Street 33, all plan sections will be implemented this year and next year. This means that the settlement of the subsidy can be prepared. Since Wooninc. was responsible for a significant portion of the investments, they will ultimately also receive a significant portion of the subsidy. Agreements on this have been made in the antecedent agreement and supplementary agreements. There is still a difference of opinion about the interpretation of some of the agreements, but an advance payment can already be made to Wooninc.

The college decides:
1. To take note of the current grant accounting that can be completed and submitted as part of the 2024 or 2025 financial statements.
2. To take note of the differences of opinion with Wooninc. on the distribution of the subsidy.
3. To agree to send the attached letter to Wooninc. regarding the billing of their subsidy share for Plan Part 1.

17

College proposal RIB Eeneind-West Nuenen

Status of developments Eeneind-West Nuenen.

18

Advisory note Article 36 Stop Positive Youth Policy Experiment

Article 36 questions have been asked from D66 on the college decision to terminate the agreement with Clarijs Consult for the Positive Youth Policy Experiment. Attached is the response to these questions.

The college decides to agree to respond to the Article 36 questions.

19

Article 36. SAMEN questions on appointment of director PlusTeam.

Article 36 questions have been raised from SAMEN on the council information letter regarding the appointment of the permanent director of the PlusTeam. Attached is the response to these questions.

The college decides to agree to respond to the Article 36 questions.

20

Advisory note on sale of land Luchen 3a

To enable housing development on Luchen 3a, land is being sold to various developers. Option agreements were signed with several parties in 2019. Due to objections to the zoning plan, this development has been delayed. The zoning plan is now irrevocable and the land is ready for construction, so progress has been made. The next step, is to formalize the purchase agreements.

The college decides:
1. To approve the sales and purchase agreement for the sale of the land for 7 dwellings to be realized by Cedrus Vastgoed B.V.
2. To agree to the sales and purchase agreement for the sale of the land for 6 homes to be realized by Van Gerven (Bastille B.V.).

21

Invitations to be discussed in college meeting dated June 24, 2024

The invitations are accepted for consideration.

22

Overview of representation college as of June 25, 2024

The overview of representation is accepted for consideration.

23

Advisory note VNG in Brainport region

Brainport Region will host the VNG congress next year. A council information letter has been produced regionally with an explanation and financial implications.

The College decides:
1. To agree to the Council Information Letter
2. To agree to the amount of up to €46,000 and to budget it and to estimate the contingency item by the equal amount.