Decision list June 27, 2023

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Present

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

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Decision list public college meeting dated June 20, 2023

The decision list of the June 20, 2023 public college meeting is adopted as presented.

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Annual legal quality assurance report - 2

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 Report on Legal Quality Assurance is an instrument for this. Based on his responsibility, the legal controller writes an Annual Legal Quality Assurance Report every year. This report shows what we have done and what we have achieved (or not achieved). The Annual Report shows success stories and provides information that can be used to continue to improve. It is an appropriate communication tool and it allows us to profile legal quality assurance both internally and externally. The Annual Report covers the most salient topics of the year. Each topic begins with an introduction followed by a description of what we did. The topic concludes with a preview of what we will do in the following year.

The College decides:
1. To take note of the Annual Report on Legal Quality Assurance 2022 and endorse the MT's decisions; 

2. To agree to the Council Information Letter.

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Advisory note on environmental permit Loeswijk 26a

On Nov. 10, 2020, an environmental permit was granted to install a carport and legalize an outbuilding. This permit was objected to. A decision on that objection is made on the basis of this advisory note.

The college decides to adopt the opinion of the Objections Committee by: 

  1. Revoke the permit dated November 10, 2020 with reference 20200542 insofar as it authorized the erection of a carport because the carport is permit-free; 
  2. To leave the permit dated November 10, 2020 with reference 20200542 unchanged insofar as it granted permission to legalize an outbuilding; 

Deny the request for litigation expenses.

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College proposal DD KPI improvement plan information management 2023-2024

Every year, the College reports on archive and information management to the City Council and the Province. One improvement plan for archive and information management has been drawn up for the 3 Dommelvallei municipalities and the Dommelvallei agency. This shows that archive and information management is generally in order.

The College decides:
1. To adopt the archival and information management improvement plan 2023-2024;
2. To agree to inform the City Council of the 2023-2024 improvement plan with the attached RIB;
3. To agree to send the improvement plan for archive and information management 2023-2024 and the overview of archive documents to the Gedeputeerde Staten van Noord-Brabant.

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Advisory note on 2022 public education Platoo financial statements

On April 20, 2022, a request was received from PlatOO to approve the 2022 annual report which includes the 2022 financial statements.

The college decides to approve PlatOO's 2022 annual report and financial statements.

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Decision on objections to felling trees parking lot at Dorpsstraat in Mierlo

In connection with the redevelopment of the former Johannesschool in Mierlo, it was decided in the past to create four additional parking spaces in the public area in the immediate vicinity. It was then decided to realize these parking spaces on the site where four trees were to be cut down in the parking lot on Dorpsstraat. Objections to the cutting permit were filed by local residents. The Objections Committee indicated that the contested decision could not be upheld unless further justification was provided.

The College decides:
1. To declare the objections to the environmental permit, granted for the felling of four sycamore trees in connection with the construction of four parking spaces near Dorpsstraat 134 in Mierlo, admissible and well-founded.
2. Revoke the contested decision and refuse the environmental permit as yet.
3. To indicate that an increase in parking pressure in the future may still lead to the creation of additional parking spaces in the public area.
4. To inform third-party interested parties of this decision as well.

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Advisory note application IMPULS 2023

From January 1, 2021, municipalities, provinces and water boards can make use of the Impulse Scheme for Climate Adaptation. Through this scheme, we can receive a contribution from the State for climate adaptation measures. The amount can be used to speed up the implementation of adaptation measures, to expand already planned spatial measures with adaptation measures or to take on new adaptation measures. The central government requires that the application be signed legally by a director.

The College decides:
1. To take note of the application for the Impulse Scheme;
2. To authorize Alderman H. van de Laar to sign the application for the Impulse Scheme.

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Advisory note Annual Accountability Act 2022.

Under the Childcare Act (Wko), municipalities are responsible for supervising and enforcing the quality of childcare facilities. The municipality accounts for the performance of its duties annually to the city council and the Education Inspectorate.

The college decides to approve the 2022 Child Care Act annual report.

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Advisory note Letter GS regarding Spatial Proposal

The province has been commissioned by the state to come up with the Spatial Proposal and Arrangement this year in which national (spatial) tasks are linked to regional ones. Several building blocks underlie the proposal and arrangement. Some (regional) building blocks have been or will be submitted for decision-making. Several building blocks include Eeneind-West as a XXL logistics business location. Because of the major impact of this development on the livability of our municipality and region, the mandate of the council to prevent the development and because no permits have been granted yet, it is too premature to include this location in the documents. The enclosed letter to the Provincial Executive sends the signal that, as long as there is no irrevocable building permit, we cannot agree to Eeneind-West as an XXL logistics location.

The College decides:
1. To agree to the attached letter to Gedeputeerde Staten van de provincie Noord-Brabant;
2. To send the letter to the City Council and to provide a brief explanation in the next Committee on Space with an announcement.

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Art. 36 questions on land price system

Council Group SAMEN asked Article 36 questions about the land price system. This opinion contains the answers to the questions.

The college decides to agree to answer the article 36 council questions from group SAMEN.

11

Board recommendation on age limit and policy rule for sustainability incentive loan

Your council, when considering the proposal for additional budget for the Sustainability Incentive Loan on May 15, requested that the age limit of 75 years be removed from the regulation. The regulation was amended accordingly and adopted on May 30, 2023. Formally, the college still needs to agree to sign an annex to the participant agreement with SVn in order to implement this. In addition, the still old policy rule linked to the 2016 Regulation needs to be adjusted to the new 2023 Regulation.

The College decides:
1. To agree to sign Annex 4 of the SVn Participant Agreement on the age limit (see Annex 1).
2. To agree to the policy rule Stimuleringslening Duurzaamheid Geldrop-Mierlo 2023 (see Annex 3) while repealing the policy rule Stimuleringslening Duurzaamheid Geldrop-Mierlo 2016 (see Annex 4).

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Overview of representation college as of June 27, 2023

The overview of representation is accepted for consideration.

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Invitations to be discussed in college meeting dated June 27, 2023

The invitations are accepted for consideration.