Public decision list April 25, 2023
Present:
Suzanne Otters-Bruijnen, mayor
Jelle de Jong, Alderman
Jan Boersma, Alderman
Steven Grevink, Alderman
Jeroen Wesselink, secretary
1. Internal (not public) decision list and public decision list dated April 18, 2023 - Suzanne Otters
The college adopts the decision lists.
2. New decision on objection following court ruling - Suzanne Otters
In response to a notice of appeal filed on February 16, 2022, a hearing took place on March 24, 2023, at the East Brabant District Court, at which the appeal was considered in substance. At the conclusion of the hearing, the court ruled immediately. The court upheld the appeal and ordered the college to make a new decision on the objection within 6 weeks.
College Decision:
- make a new decision on objection taking into account the ruling of the East Brabant District Court dated March 24, 2023;
- Declare the objection admissible;
- Declare the objection partially well-founded and amend the contested decision with the understanding that enforcement action will be taken against the construction of the four shelters without the required environmental permit;
- Declare the objection otherwise unfounded;
- Grant the request for reimbursement of legal costs, with the understanding that the reimbursement has already been paid with the decision on objection dated January 10, 2022;
- Refer to the opinion of the Objections Committee for further reasons for the decision.
3. Transfer portion of agreement development Hooijdonk - Jelle de Jong
The initiators of the Hooijdonk amendment plan will not buy the parcel. The current owners will complete the procedure (to change the zoning from business to residential), but with that they will also become responsible for the planning damage. In this proposal it is arranged that for the part of the planning damage the original agreement will be dissolved and that the recovery of the planning damage will be placed with the current owners through a new agreement. This will keep the costs financially and legally covered.
The college decides:
- enter into the plan loss recovery agreement;
- Dissolve the antecedent operating agreement for the planning damage component, after the agreement from decision point 1 is signed by both parties.
4. Explanation of views of college on appeals - Jelle de Jong
An appeal against the decision to refuse an environmental permit for the temporary legalization of four erected shelters and the decision to impose an order under penalty was lodged with the District Court of East Brabant in 's-Hertogenbosch. The appeals were heard at a hearing on March 24. The court ordered the college to explain its position on two points.
The college decides to send a written response to the East Brabant District Court and other parties regarding the appeal against the decision to refuse the environmental permit for the temporary legalization of four erected shelters and the appeal against the decision to impose an order under penalty.
5. Measures sewerage 't Harde Ven - Jan Boersma
A cleaning and inspection of the sewers in the 't Harde Ven neighborhood took place in 2021 as scheduled. From the assessment of the inspection, necessary measures to the sewers have emerged. GMB was asked to quote within the framework contract to take the necessary measures.
The college decides to award the contract to GMB to carry out measures on the sewers in 't Harde Ven.
6. New approach to sustainability award 2023 - Steven Grevink
On August 2, 2021, it was decided to modify the approach to the sustainability award. The adjustments proposed then did not lead to more applications. We propose to redesign the sustainability prize so that we can address the issues structurally. In the new approach, the goal of the sustainability prize remains the same: to highlight sustainable initiators in the village. With the new approach, we make the application process accessible and reduce the time and cost investment for the municipality.
College Decision:
- Adopt the new approach for the 2023 Sustainability Award;
- Inform the council via the attached RIB on the new approach to the sustainability award.
7. Power of attorney signing cooperation agreement BEN - Steven Grevink
Eight municipalities in the Netherlands, with support from the Ministry of Health, Welfare and Sport (VWS), are realizing a supra-regional Youth Assistance Network of Expertise (BEN) in their part of the country. These eight expertise networks are designed to help youth and parents facing complex problems and support needs. This is done through the provision of incentive grants, among other things. To apply for and receive the available funds from the BEN, the regional municipalities in the youth aid region of Southeast Brabant must sign a cooperation agreement. This may be done by authorizing one municipality (Eindhoven) to sign on behalf of the entire region.
The college decides to grant power of attorney to Alderman Toub of the municipality of Eindhoven, to sign on behalf of the municipality of Son and Breugel the "Collaboration agreement to develop RET 2023 Bovenregionaal Expertisenetwerk Jeugd Brabant/Zeeland and representatives of municipalities/Regional ExpertTeams 1 January 2023 to 31 December 2023" and the "Collaboration agreement Regional Innovation Budget Bovenregionaal Expertisenetwerk Jeugd Brabant/Zeeland and representatives of municipalities/Regional Expert-Teams 1 January 2023 to 31 December 2024" so that funds from the Bovenregionaal Expertise Netwerk Jeugd Brabant/Zeeland can be applied for.
8. View draft budget 2024 and draft work program 2023-2024 MRE - Suzanne Otters
On March 14, the MRE Executive Board presented the draft 2024 budget and draft 2023-2024 work program to the college and city council. Based on the joint arrangement, the municipal council is given the opportunity to submit an opinion. The college takes note of both documents and proposes that the City Council submit an opinion.
College Decision:
- take note of:
- the offer letter draft budget 2024 and draft work program 2023-2024 Eindhoven Metropolitan Region;
- The draft 2024 budget for the Eindhoven Metropolitan Region;
- The draft 2023-2024 Metropolitan Region of Eindhoven work program.
- To propose to the City Council to submit a view on draft 2024 MRE budget and draft 2023-2024 work program;
- To agree to Son and Breugel's draft view.
9. Policy rule: Issuing real estate after Didam ruling - Jan Boersma
On November 26, 2021, the Supreme Court issued a ruling in the Didam judgment. This judgment has implications for the relationships between the municipality and market parties when issuing real estate. The ruling states that based on the principle of equality, the municipality must offer equal opportunities to parties when issuing real estate. This means that when selling, for example, a building plot, we as a municipality must offer potential candidates the opportunity to compete for the building plot if several serious candidates can reasonably be expected to purchase it. With the adoption of the policy rule: Issue of real estate after the Didam judgment, it is clear to both the municipality and market parties how the municipality of Son and Breugel wants to deal with the issue of real estate.
The college decides to adopt the policy rule: Issuance of real estate following the Didam ruling.
10. Cable car Limburglaan - Jan Boersma
On the initiative of the Youth City Council, a cable car was installed in the playground on Limburg Avenue in Gentiaan. In 2021, this cable car was closed because of the noise nuisance experienced by nearby residents. On Jan. 31, 2023, the college decided to move the cable car to the playground in 't Zand. After the college decision, the suitability of this type of cableway was re-examined. This showed that this type of cableway is not suitable in a residential area, therefore it is advised to withdraw the previous decision and not to place the cableway in the playground in 't Zand.
The college decides to agree to withdraw the decision on January 31, 2023 and not to place the cable car in the playground in 't Zand.
11. Administrative accountability report ENSIA 2022 WOZ - Jan Boersma
The college decides to approve the 2022 WOZ accountability report.
12. Doorontwikkeling en beschikbaarheidsfinanciering Jeugdbescherming Brabant - Steven Grevink
Jeugdbescherming Brabant (JBB) is the largest certified institution (GI) in the province of North Brabant and thus executes the most youth protection measures. By the end of 2021, JBB has indicated to the five youth aid regions that it needs more financial space to put quality, personnel and organizational matters in order. Based on this, an administrative order was agreed between the five youth aid regions in Brabant and JBB. The first result of JBB's draft budget 2023 shows that a structurally balanced budget cannot be achieved without adjusted funding agreements. By reserving availability funding, JBB will remain available as a basic facility for our youth.
The College:
- Notes the results of JB Bruist and the plan "Further development of JBB 2022-2025";
- Agrees to availability funding for JBB consisting of a reservation of up to €6,923.41 for 2023, and to cover these funds from regular Youth Protection and Youth Rehabilitation resources;
- Agrees to inform the City Council via a council information letter.
13. Annual report 2022 and developments A 10 for Youth - Steven Grevink
A 10 for Youth is the network cooperation focused on all activities around procurement of youth aid. The following municipalities are affiliated in this purchasing cooperation: Helmond, Peel municipalities (Deurne, Someren, Laarbeek, Gemert-Bakel and Asten), Geldrop-Mierlo, Nuenen, Veldhoven, Waalre and Son and Breugel. A 10 for Youth deals with various tasks and developments. The attached council information texts and appendices inform the city council about the 2022 annual report and current developments.
College Decision:
- To include the attached council information text "Annual Report 2022 A 10 for Youth and Transformation Fund Stay" in the next council information letter;
- To include the attached council information text "Development of small-scale residence facilities youth aid ZOB" in the next council information letter.