Decision list Oct. 31, 2023

1

Decision list B&W meeting dated Oct. 24, 2023

The decision list of the public college meeting of Oct. 24, 2023, is adopted as presented.

2

College proposal advisory rights, delegation, mandatory participation

The VNG recently published a memorandum with examples of, among other things, advisory rights and mandatory participation. During the discussion of the council proposal right to advice, delegation, compulsory participation in the opinion-forming Committee Space on September 4, the council requested a comparison with this memorandum and a college proposal whether the examples lead to an adjustment of the council proposal. This proposal implements this request through an additional appendix and highlighted addition to the council proposal.

The College decides:
1. To add the annex ' Memo to VNG Memorandum' to the council proposal and to expand the council proposal to that end with a short explanation.
2. To submit the appendices lists designation advisory right, delegation and compulsory participation unchanged to the council.
3. To agree to the request for the agenda for judgement in the Committee on Spatial Planning.

3

Board proposal to appoint members of wealth and heritage committee

In connection with a change in the staffing of the current building and heritage committee, a new appointment decision by the City Council is required. In addition, a correction in the regulations must be made. All this with retroactive effect to January 1, 2013, the date on which the Omgevingsdienst Zuidoost-Brabant came into force.

The College decides to submit the attached council proposal to the City Council for adoption:
1. appointing chairperson and members of the Welfare and Heritage Commission,

2. with a minor correction to the "Rules of Procedure on the Municipal Welfare and Heritage Committee",
3. all with retroactive effect to January 1, 2013.

4

Advisory Note Naturalization Ceremony

A minor naturalization ceremony is a ceremony for people who become Dutch citizens through naturalization or the option procedure. It is the last step before obtaining Dutch nationality. At our municipality, this small ceremony currently takes place at the counter and is handled administratively. We have always designed the national naturalization day (large ceremony on December 15) very festively with a large gathering for all new Dutch citizens. Starting in 2024, we want to expand the small ceremony by organizing a ceremony 8 times a year with the (deputy) mayor present. During this ceremony the declaration of affiliation is made and the royal decree is handed over by the (deputy) mayor. During the ceremony a flower will be presented and coffee/tea with sweets will be available. On December 15 (National Naturalization Day), the last ceremony of that year will then take place. All naturalized people from last year will also receive a card and gift by mail.

The College decides:
1.To extend the small naturalization ceremony starting in December 2023
2. To adjust the celebration of National Naturalization Day on December 15.
3. To agree to the attached council information letter.

5

Advisory note on Regulation on Compensation for Loss.

On January 1, 2024, the regulation on loss compensation from the General Administrative Law Act will enter into force; as will the Omgevingswet. The regulation on loss compensation from the Awb applies to all requests for loss compensation that the municipality receives; not only those from the Omgevingswet. A request for disadvantage compensation may arise if there is damage from lawful government action; for example, when a road is closed, when cables and pipes are moved. And also as a result of loss compensation from spatial decisions, which under the Omgevingswet Act will henceforth no longer be called 'plan damage'. The law gives municipalities the opportunity (it is not an obligation) to make local choices on a few topics related to loss compensation in a Regulation on Loss Compensation. We make use of that opportunity with the attached Regulation, which is entirely based on the Model Regulation of the VNG. For two topics Geldrop-Mierlo already has procedural rules regarding compensation for damages: - Beleidsregels Nadeelcompensatie Kabels en Leidingen Geldrop-Mierlo 2015; (artikelen. 17, 19, 20) - Procedure Regulation tegemoetkoming planschade (2008) which in its entirety is aimed at dealing with requests for plan damage. This will expire miv January 1, 2024 In the past period the requests for planning damage had the largest share of the requests for compensation for loss. The present Regulation has been coordinated with the spatial development cluster, the realization and management team and legal affairs.

The College decides:
1. To agree with the choices to be proposed regarding the Regulation on Compensation for Damage.
2. To agree with the proposal to the council;
3. To forward the Regulation on Compensation for Loss to the Council with the attached council proposal.
4. To repeal Articles 17 through 20 of the Policy Rules on Compensation for Damage Cables and Pipelines Geldrop-Mierlo 2015 as of January 1, 2024.

6

Council proposal Housing ordinance

As of 2016, the municipalities in the SGE have a joint housing ordinance. In 2020, the current housing ordinance entered into force with a term through 2023. In June 2022, consulting firm Companen conducted an evaluation of the current housing ordinance and the urgency process. This study highlighted a number of bottlenecks. Planning wise, it is not possible to include the points still to be worked out and the new legislation in an updated housing ordinance that can still be presented this year for decision-making. Therefore, a joint decision was made to re-adopt the current Housing Ordinance, to discuss the points that still need to be worked out and to wait and see what the new law 'Strengthening the Control of Public Housing' will say. When the update of the housing ordinance is ready, it will be presented to the council for adoption and the Housing Ordinance 2024-2027 can lapse.

The college decides to agree with the council proposal Re-establish housing ordinance municipality of Geldrop-Mierlo and forward it to the council.

7

Renew cooperation agreement National Park Van Gogh i.o. 2024-2028

Geldrop-Mierlo has participated in the Van Gogh National Park since 2019. The current cooperation agreement ends this year. In the new cooperation agreement 2024-2028 the collaboration will be continued. An important aspect is that in mid-2024 a decision is expected from the State as to whether the Van Gogh NP will definitively be awarded the new-style National Park status. This will be followed by a reconsideration moment with all partners involved. This also means that it has been decided to enter into a financial commitment only for 2024.

The College decides:
1. To approve the continuation of participation in the Van Gogh National Park i.o. for the period 2024-2028, taking into account the final granting of National Park status by the state during 2024;
2. To make a financial contribution of €8,572 available for 2024 and to park any further financial commitments until the planned "reconsideration moment in mid-2024;.
3. To sign the cooperation agreement Van Gogh National Park 2024-2028 and mandate Alderman Stravers to do so;
4. To take note of the place of the Van Gogh National Park in the other ongoing area developments in the rural area of our municipality and region.

8

Advisory note Support approach to making VvEs more sustainable

For residents with owner-occupied homes in a building with an Owner's Association (OE), making their homes more sustainable is quite complicated. 

In fact, this is a joint task of the CoE formed by all the owners in the building. Because of this collectivity, increasing sustainability is not only a technical and financial issue, but also a complex social and legal task. Therefore, together with the municipalities of Eindhoven, Best and Veldhoven, we want to offer a support approach for VvEs.

The College decides:
1. To agree to cooperate with the municipalities of Best, Eindhoven and Veldhoven to offer a support approach for VvEs.
2. To agree to the plan of approach for this in the annex.
3. To agree to further explore how we can jointly tender for an implementing party for the approach (courses, information evenings, help desk, scans and support).

9

Board proposal answering art.36 questions DGG - camera surveillance core Geldrop

Article 36 questions have been asked by the DGG about the nuisance caused by mopeds and motorcycles on the Heuvel in Geldrop. Also a position of the college is requested regarding the introduction of camera surveillance. In the attachment you will find the answer.

The College decides:
1. To agree to answer the DGG's Art. 36 questions.
2. To agree to submit the answers to the Municipal Clerk’s Office for transmission to the council.

10

Advisory note council proposal framework vision Geldrop-Mierlo 2044

In 2024 the trajectory for the vision Geldrop-Mierlo 2044 runs. The council will be given the opportunity to set frameworks at the front of that trajectory.

The college decides to deliver the council proposal to the agenda committee.

11

Advisory Note Program Land Policy and Cost Recovery

On September 5, 2023, the college released the Land Policy and Cost Recovery Program for public comment. Discussions with stakeholders resulted in a number of adjustments. Further discussions will take place from Oct. 25 to Oct. 31 to test whether the public participation responses have been properly incorporated. The discussions will probably lead to a number of minor changes.

The College decides:
1. To approve the Land Policy and Cost Recovery Program with attachments with text mandate to the Alderman for final changes.
2. To agree to the council proposal with text mandate to the Alderman for final changes.

12

Board proposal agenda request image-forming session Luchen phase 3B, additional access and sports park Oudven

The council needs to be informed about a number of integral developments and follow-up steps around Luchen phase 3B, its additional access and sports park Oudven. On Tuesday, October 24, it was discussed in your college to do this at the Space Committee in January 2024. This would mean that the zoning plan for the expansion of the sports park (where MTV would possibly go) must go up for review in 2024 under the new Omgevingswet. Because of the risks that the established WVG may lapse in relation to new Omgevingswet , it is still wiser to submit this zoning plan for public inspection as late as 2023. This means that informing the Space Committee still has to take place in November. The presentation for this will follow.

The college resolves to approve the attached agenda request and memo and forward to the Municipal Clerk’s Office Office.

13

Advisory note on unsolicited opinions Wmo Advisory Council

During the past period, the Wmo Advisory Council has sent three unsolicited opinions to the college. This advice proposes a response to these unsolicited advices. The advices concern: the indefinite indication, the feedback of the kitchen table conversation to residents and the PGB policy. In accordance with the agreements with the Wmo-Adviesraad, a copy of the response letter from the college also goes to the city council. A council information letter has been prepared for this purpose.

The college decides to approve:
1. The response to the unsolicited opinions of the WMO Advisory Council, showing that the College: 

• creates the possibility of issuing Help-to-Measure Wmo indications indefinitely.
• will inform all residents who report or apply to the CMD about the free availability of Inwonersondersteuning Geldrop-Mierlo.
• will also include in rejection decisions an interview transcript of the kitchen table conversation. 

2. The council information letter informing the City Council of the response to the unsolicited opinions.

14

Questions DGG on Progress of reception of unaccompanied minors location Akert 2023.36.040

DGG asked questions about the status of the Akert temporary amv reception site.
Attached are the answers to the questions raised.

The college decides to approve the answers to DGG's questions about the Akert temporary shelter.

15

Advisory note zoning plan Great Forest

The location on the Grote Bos in Geldrop was home to the Strabrecht College. The former school buildings have been demolished and a new school building has been realized on the corner of the Grote Bos and Dwarsstraat. The municipality of Geldrop-Mierlo intends to use the vacant location as a residential area where the houses will be realized in the form of an apartment complex. Because the realization of this apartment complex was not directly possible within the current zoning plan, a new zoning plan was drawn up for this location. The draft zoning plan 'Grote Bos, Geldrop' was available for inspection from June 9, 2023. During this period five views were submitted. As a result of these views, it is requested that the zoning plan be amended in a number of respects. 

Note: Due to additional parking research (which could not take place earlier due to the summer vacation) it was not possible to bring a proposal to the college earlier. Also, the memo is still being checked by our in-house lawyer due to the possibility of appeal.

The College decides:
1. To agree to the zoning plan, the attached council proposal and the vision note
2. To send the attached council proposal and agenda request to the council.

16

Answering article 36 questions regarding parcel and residential split policy

In the article 36 questions, Groenlinks states that a policy on the division of lots and homes could make a substantial contribution to the housing issue. The group is concerned about the absence of the policy as well as about matters that may be delayed as a result.

The college decides to agree with the response.

17

College proposal Fee Ordinance 2024 including fee table and ROEB list

Annually, by December 31, the ordinances and rates for municipal taxes for the following year must be adopted and published. In the attached draft council proposal, we submit to you the adjustments to the 2024 dues ordinance with rate table. Also, the ROEB list needs to be adopted by the college. There will be a presentation today by Involon due to the major changes in the fee table associated with the introduction of the new omgevingswet.

The College decides:
1. To approve the attached council proposal to adopt the 2024 dues ordinance including fee table ;

18

Council proposal Future Weeffactory 2024

In November 2021, your council approved a proposal called "Project Future Hofdael "1, in which we will work towards a vibrant and financially healthy cultural center for the municipality of Geldrop-Mierlo.

The College decides:
1. To decouple the Weeffabriek, the Weaving Museum, De Wiele from each other;
2. To agree to the newly formulated assignment to Weeffabriek (clear organizational structure);
3. To agree to associated financial flows for the Weeffabriek from 2024;
4. To agree to the proposed 2022 financial completion of €265,901.
5. To agree to charge the costs of €265,901 to the general reserve;
6. To agree to mandate the College to finalize the financial completion 2023 in June 2024 with a maximum of € 350,000;
7. To charge this amount to the general reserve;
8. To agree to the 11th budget allocation 2023.

19

Invitations, to be discussed at B&W meeting Oct. 31, 2023

The invitations are accepted for consideration.

20

Schedule of representation as of Oct. 31, 2023

The overview of representation is accepted for consideration.