Public decision list June 23, 2020

Present:
Hans Gaillard, mayor
John Frenken, Alderman
Jan Boersma, Alderman
Paul van Liempd, Alderman
Jos de Bruin, Alderman
Rien Schalkx, secretary

1. Non-public decision list and public decision list b&w meeting dated June 16, 2020 / Hans Gaillard

The college adopts the decision list and the public decision list according to the drafts.

2. Adopt zoning plan Buitengebied; De Kuilen 5 / John Frenken

The draft zoning plan "Buitengebied; De Kuilen 5" lays down the planning-legal regulations for the remediation of the current business activities and the development of future desired business activities. The draft zoning plan was available for public inspection for six weeks from March 5. Views were received from the Province of North Brabant and Tennet. As a result, the zoning plan has been amended and we ask the council to adopt the zoning plan.

The college decides:

  1. To take note of the "views memo draft Buitengebied zoning plan; De Kuilen 5";
  2. To take note of the draft zoning plan "Buitengebied; De Kuilen 5"; to ask the council's territory committee for advice on the adoption of the
    "views memo draft zoning plan Buitengebied; De Kuilen 5" and the zoning plan "Buitengebied; De Kuilen 5" in accordance with the draft council proposal and draft council decision;
  3. To propose to the council to adopt the "Views memo draft zoning plan Buitengebied; De Kuilen5 "and the zoning plan "Buitengebied; De Kuilen 5".

3. Current flanking policy housing in Son and Breugel / John Frenken

In the meeting of the council committee Grondgebiedzaken dated March 12, 2020, the committee was promised to be informed about the current flanking policy for housing in Son en Breugel.
In the committee proposal the overview 'prevailing flanking policy living' as it currently applies in
Son and Breugel, so that this can be presented to the council committee for information.

The college decides to offer the information document "Vigent flanking policy Housing in Son and Breugel" for information to the council committee on Territory Affairs.

4. Procurement strategy Accountancy services 2021 et seq. / Jan Boersma

A new agreement should be concluded for auditing services for fiscal year 2021 and beyond. At its meeting on June 10, 2020, the Audit Committee adopted the draft procurement strategy for accountancy services 2021 et seq.
The procurement team for the procurement of these services will adopt the final procurement strategy so that the European procurement procedure can start no later than September 1, 2020.

The college notes the procurement strategy accountancy services 2021 et seq.
 

5. Agreement exploitation advertising showcases Ekkersrijt / Jan Boersma

On January 1, 2020, the exclusivity contract with Optisigns B.V. for exploitation of advertising in the public area of Ekkersrijt is terminated by operation of law. Preparations to tender the advertising exploitation through various 'lots' are in full swing. During these preparations it has been concluded that it makes sense to privately tender the 'lot 'Abri's and display cabinets at Ekkersrijt' for a limited duration of 3 years and 3 months to Clear Channel Nederland B.v. For this purpose an agreement has been drawn up.

The college decides to:

  1. To agree to the "Concession Agreement for Abri's and Freestanding Advertising Showcases";
  2. offer the concession agreement to Clear Channel Nederland b.v. for signature and then sign the agreement themselves.

6. Transmission mast Ekkersrijt Shere Masten B.V. / Jan Boersma

The agreement with Shere Masten still runs until October 30, 2020. Shere Masten B.V. has requested new agreements for the transmitter mast that stands on cadastral parcel Son en Breugel section B number 2765.

The college decides to:

  1. formally terminate the current agreement to allow for a new agreement;
  2. To establish a right of superficies with right of use in favor of Shere Masten B.V. on cadastral parcel B 2765.
  3. To agree to the draft agreement for the establishment of a right of superficies with right of use on parcel B 2765 for the purpose of a base station for mobile data and telecommunications with Shere Masten B.V.

7. Process proposal analysis into the use of the shared cab / Paul van Liempd

This is a a process proposal to arrive at an analysis of the use of Collective Demand-Driven Transportation (CVV), the shared cab. This proposal is in response to the college decision on November 26, 2019. Therein it is requested that a plan of action for the analysis of usage be delivered in the second quarter.
The process proposal contains the design of the analysis in which it is examined whether and why the use of the partaxi in the municipality of Son and Breugel is higher than in other (comparable) municipalities.

The college decides to agree to the process proposal for the analysis towards the use of the part cab.

8. Objection to rejection of music education subsidy / Jos de Bruin

The Objections and Appeals Committee declared the objection unfounded as the application was submitted too late. It is recommended that the committee's advice be followed.

The college decides to:

  1. Declare the objection unfounded;
  2. uphold the contested decision;
  3. Refer to the opinion of the Objections Committee for the reasons for the decision above.

9. Instruction for the Registrar of the Municipality of Son en Breugel 2020 / Hans Gaillard

As part of the dualization of municipal administration, municipalities have been required to appoint a registrar since March 2003. Pursuant to article 107a of the Municipal Law, the council lays down detailed rules on the clerk's duties and powers in an instruction.
The current instruction dates from 2003 and, in coordination with the Employers' Committee Municipal Clerk’s Office Office, has been critically reviewed and updated where necessary.

The college takes note of the council proposal "Establish instruction for the Registrar of the Municipality of Son and Breugel 2020," including the accompanying draft instruction.

10. Regulation on official assistance and group support / Hans Gaillard

In April 2003, the Official Assistance and Group Support Ordinance 2003 was adopted by the City Council. This was prompted by article 33 of the Municipalities Act, as amended in connection with the dualization of municipal administration. This explicitly states that the council and individual council members are entitled to official assistance and the groups represented on the council are entitled to support. The current Ordinance, in consultation with the Employer's Committee Municipal Clerk’s Office Office,has been critically reviewed and updated where necessary.

The college notes and approves the draft regulation on official assistance and group support, and the accompanying draft council proposal.

11. Inform project plan soil survey IJssellaan / Hans Gaillard

A grenade has been found on the housing site on the IJssellaan, as a result of which construction has currently been halted and follow-up research is taking place on site.

The college decides to take notice of the project plan 'Explosives investigation IJssellaan in Son'.
 

12. Donation drawing drawer cabinet / Hans Gaillard

For the art valuation project of the art collection, all objects are being Map and valued. Due to the renovation of City Hall, the objects are stored in a depot. It is important to store the objects in a safe way to minimize the chance of damage to objects. Resident Kees de Kock, who also volunteers to manage and preserve the art collection, is offering a drawing drawer cabinet to the municipality to safely store drawings and photographs.

  1. The college decision takes notice of the proposed donation.
  2. The mayor decides to accept the donation of the drawing drawer cabinet and reports to the General Affairs Committee.

13. Council meeting dated July 2, 2020 / Hans Gaillard

The college discusses the items scheduled for the 2-7-2020 council meeting.


14. Cadastral division / John Frenken

In order to speed up the delivery of sub-plots to the final buyers of the homes, Heijmans Vastgoed BV has requested that the split sub-plots be assumed in the legal delivery of the land from the municipality to Heijmans Vastgoed BV.
This work will be carried out by Heijmans Vastgoed BV and at its expense. A power of attorney is requested for this purpose.

College Decision:

  1. Grant permission to Heijmans Vastgoed BV to cadastrically split the land for subarea K in Sonniuspark, for which a purchase agreement was signed in December 2019;
  2. To have the Mayor sign a power of attorney for this purpose on the basis of which Heijmans Vastgoed BV can have this division carried out at its own expense.

15. Development sites; status of Planetenlaan - End and Boslaan 63 / John Frenken

With the adoption of the memorandum "Frameworks as Heading", in addition to the housing programming for the development locations included in it, new process agreements were made with the council's Land Use Committee. The details for the development locations Planetenlaan - Eind and Boslaan 63, respectively, have progressed to such an extent that a position on this matter from the Land Use Committee is desired. With this opinion the college will be asked to make further decisions. These decisions will be communicated to the various initiators so that the initiators know where they stand.
 

The college decides to:

  1. To request an opinion from the Land Use Committee regarding the Planets Avenue - End and Forest Avenue 63 development sites and, with the committee's response, to then proceed to decision-making;
  2. To offer the committee proposal for this purpose to the council's Land Use Committee.

16. Adjustment agreements ground lease Eindhovenseweg / Jan Boersma

The municipality grants permission to transfer to a third party the use of the municipal land for which a ground lease and lease agreement has been concluded, on the condition that the agreed Requirements between the municipality and the ground lease holder, remain in force unchanged.

College Decision:

  1. To take note of Schimmel Tank Station's request to be able to transfer the operation of the gas station to a third party;
  2. Authorize the use of the municipal land that has been given to Schimmel Gas Station by long lease or rent to the new operator;
  3. That thereby the agreed arrangements between Schimmel Gas Station and the Municipality remain in full force and effect;
  4. Agree to sign the text proposal.

17. Final Design :'Village House' and appropriations for further implementation and realization / Jan Boersma

With the realization of the 'Dorpshuis' we take the step by which we preserve the former church while creating a new, adapted and modern 'Dorpshuis' for our residents and associations. The former church will be transformed into a 'Village House of and for the inhabitants of Son en Breugel.

College Decision:

1. take note of the final design;

2. submit the attached council proposal to the council and ask it to:

  1. Agree to the final design (DO);
  2. To agree to a preparatory credit for the stripping and asbestos remediation of the former church building at € 416,850.00 excl. VAT and to cover these costs from the land exploitation center Son to be determined;
  3. to agree to a credit for the realization of the 'Dorpshuis' in accordance with the final design at € 4,326,600.00 excl. VAT and to cover the capital costs of this credit for an amount of € 1,722,954.34 excl. VAT from the reserve 'center development Son en Breugel' and to cover the remainder, € 2,603,645.66 excl.
    to be covered from the reserve 'growth path center development';
  4. to agree to a credit for the fixed interior as well as the other costs at € 922,775.00 excl. VAT and to cover the capital costs of this from the "growth path center development" contingency;
  5. To agree to a credit for the loose interior at € 748,125.00 excl. VAT and to cover the capital costs thereof from the 'center development Son and Breugel' reserve;
  6. To agree to a preparation credit for the public area and additional costs of € 481,500.00 excl. VAT and to cover these costs from the land exploitation center Son to be determined;
  7. To choose and agree with option 6A 'Stand' and to cover the capital costs of the credit of € 142,500.00 excl. VAT from the reserve 'center development Son en Breugel';
  8. To choose and agree with option 6B 'Realization 2nd floor' and to cover the capital costs of the credit à € 222,219.40 excl. VAT from the contingency item 'growth path center development';
  9. To choose and agree to option 6C 'Roof and solar panels' and to cover the capital costs of the credit of € 363,316.20 excl. VAT from the contingency item 'growth path center development';
  10. To agree to a credit of € 280,000.00 excl. VAT for the purchase of the land from the land exploitation center Son to be determined and to cover the capital costs thereof from the general service;
  11. cover the cost-increasing VAT of € 1,411,748.23 from the "center development Son and Breugel" reserve and the "center development growth path," respectively;
  12. To decide to deviate for the depreciation period for realization and set it at 40 years.

3. To grant text mandate to Alderman Jan Boersma.

18. Joint response to the draft RES / Paul van Liempd

On May 27, 2020, the draft RES MRE was released to the City Council. An official draft response was prepared to which council groups could respond. Based on the responses, the college adopted the joint draft response.

College Decision:

  1. To note the group(s) response(s) to the draft RES response; 
  2. to adopt the draft response as a draft joint response and submit it to the Land Use Committee on July 6, without a substantive response from the college

19. Credit allocation renovation The Farm / Jos de Bruin

For the renovation of De Boerderij we ask the city council for credit. The renovation is necessary to bring the community building up to date for 25 years so that Breugel will again have a multifunctional accommodation that meets current standards. The issues that will be addressed can be divided into 5 categories: fire safety, improvement regarding the usability of the building, sustainability, general accessibility and other.
The appropriated reserve for the center of Breugel is available to cover the credit. Also a number of items will be carried out which are included in the Multi-Year Maintenance Plan (MJOP). For these matters, coverage will be sought in the provision for building maintenance. Finally, Stichting De Boerderij will also make a (limited) financial contribution to this renovation.Due to the tendering procedure, the amounts will not be mentioned.

College Decision:

1. agree to the decision points listed in the council proposal to:

  1. Agree to the renovation of The Farm;
  2. To make available a credit of € (amount mentioned in the confidential annex) and to charge the capital costs thereof through a covering reserve to the appropriated reserve for the center of Breugel;
  3. Make available a credit of € (amount mentioned in the confidential annex) for the costs arising from the Multi-Year Maintenance Plan and charge these costs to the provision for building maintenance;
  4. incorporate the financial implications of the above into the 2020 9th Budget Amendment

2. forward the council proposal to the City Council with a request that it be placed on the agenda for the next committee and council meeting.

20. Draft defense on appeal of failure to decide in time / Hans Gaillard

The college agrees with the defense submission to the court for hearing regarding non-decision on plan damage request Brouwerskampweg unnumbered.