Public decision list July 6, 2021
Present:
Hans Gaillard, Mayor
John Frenken, Alderman
Jan Boersma, Alderman
Paul van Liempd, Alderman
Jos de Bruin, Alderman
Harry Meeuwsen, Secretary
1. List of non-public and public decisions dated June 29, 2021 / Hans Gaillard
The college adopts the decision lists.
2. Request for enforcement (construction) works De Kuilen unnumbered / Hans Gaillard
The council received a request for enforcement with regard to a number of structures and other matters on the plot of land known as De Kuilen, unnumbered. It is recommended that the request be declared partially inadmissible, and then partially rejected and partially granted.
College Decision:
- Declare one applicant for enforcement inadmissible, but declare the other applicant admissible;
- The request to grant enforcement insofar as it relates to the fencing and the shelters;
- Reject the request for enforcement insofar as it relates to the other aspects raised;
- To agree with the decision.
3. Request for enforcement of storage of materials at De Kuilen / Hans Gaillard
The council has received a request for enforcement regarding storage on a plot of land on De Kuilen. The request will not be considered because the applicant is not an interested party.
The College of Mayor and Aldermen decides:
- Do not process the request;
- Send a letter to the applicant.
4. KPI report Information and archive management 2021 / Hans Gaillard
Every year, the municipal executive reports on archive and information management to the municipal council and the province. A single KPI report on archive and information management for 2021 has been drawn up for the three Dommel Valley municipalities and the Dommel Valley Service. This report shows that archive and information management is generally in order.
The municipal executive decides:
- To adopt the KPI report on archive and information management 2021;
- To adopt the council information letter and send it to the municipal council;
- Inform the province about the KPI report on archive and information management 2021.
5. Decision on objection to rejection of request for enforcement / Hans Gaillard
On January 13, 2021 (sent on January 21, 2021), the council decides to reject the request for enforcement in connection with construction work. On March 4, 2021, the council receives an objection from the objector against the above decision. The objections committee recommends reconsidering the contested decision.
College Decision:
- Declare the objection unfounded;
- uphold the contested decision, on the understanding that the basis for legalization is amended;
- Reject the request for reimbursement of legal costs;
- Refer to the opinion of the Objections Committee for the reasons for the decision.
6. Decision on objection to location of parking lot, lamppost, and drain covers/ John Frenken
On April 24, 2021, the council receives an objection from the objector against the location of a parking space, lamppost, and drain covers. The objections committee recommends that the objection be declared inadmissible.
College Decision:
- Declare the objection inadmissible;
- Refer to the opinion of the Objections Committee for the reasons for the decision.
7. Decision on objection to environmental permit for construction / John Frenken
On December 23, 2020, the council decides to grant an environmental permit for the construction of a dormer window on an outbuilding. On February 1, 2021, the council receives an objection from the objector against the above decision. The appeals committee recommended that the contested decision be reconsidered and that the possibility of deviating from the plan rules be examined. In response to this recommendation, the municipal executive investigated the options.
College Decision:
- Declare the objection well-founded;
- to amend the contested decision, on the understanding that an environmental permit will be granted for deviating from the zoning plans 'Son Centrum' and 'Bebouwde kommen; herziening 2017' (Built-up areas; 2017 revision) from the zoning 'Residential' for the gutter and building height of outbuildings;
- Reject the request for reimbursement of legal costs;
- Refer to the opinion of the Objections Committee for the reasons for the decision.
8. Kanaaldijk Noord / Jan Boersma bike path
Residents of the apartment complexes located next to Kanaaldijk-Noord have requested a traffic measure. This request is based on the fact that the bike path is used by dirt bikes and quads, which cross from the bike path onto the unpaved sand path. This is a dog walking area and a walking area for local residents, which can lead to dangerous situations. In addition, they report experiencing noise pollution.
College Decision:
- To create a bicycle lock at the transition between the paved and unpaved bicycle path along Kanaaldijk-Noord;
- Place posts between the already installed concrete blocks;
- Monitor for six months whether this causes the nuisance to shift to Kanaaldijk-Zuid.
9. Decision on objection to environmental permit for tree felling / Jan Boersma
On December 21, 2020, the council decides to grant an environmental permit for the felling of trees in connection with the redevelopment of the ditch (watercourse) in the Gentiaan neighborhood. On May 3, 2021, the council receives an objection from the objector against the above decision. The appeals committee recommended that the objection be declared inadmissible.
College Decision:
- Declare the objection inadmissible;
- Refer to the opinion of the Objections Committee for the reasons for the decision.
10. Decision on objection to environmental permit for tree felling / Jan Boersma
On February 16, 2021, the council decides to grant an environmental permit for the felling of two Scots pines. On March 8, 2021, the council receives an objection from the objector against the above decision. The objections committee recommends that the objection be declared unfounded and that the contested decision be upheld.
College Decision:
- Declare the objection unfounded;
- uphold the contested decision;
- Refer to the opinion of the Objections Committee for the reasons for the decision.
11. Decision on damages Primary School De Ruimte PlatOO / Jos de Bruin
On March 20, 2019, the PlatOO school board submitted an urgent request for funding for educational accommodation facilities due to serious leaks in the roof of De Ruimte primary school, totaling more than €40,000. PlatOO attempted to recover the repair costs for this (construction) defect from various parties, but this was unsuccessful due to the contractor's bankruptcy. PlatOO then submitted an application to the municipality. The council decided to settle the claim for damages submitted by the PlatOO school board in relation to the construction defect at De Ruimte primary school and set the municipality's contribution at €20,000. The municipality rejects any form of liability, but is awarding the amount as a gesture of goodwill.
- The council approves the decision to award €20,000 in damages to the PlatOO school board in relation to the construction defect at De Ruimte Primary School.
- The council agrees to include this in the first BERAP.
12. Agenda for the council meeting on July 7, 2021 / Hans Gaillard
The council discusses the items on the agenda for the council meeting of July 7, 2021.
13. Compensation scheme for target group transport extension / Paul van Liempd
At the national level, agreements were made last year regarding financial compensation for contracted providers of target group transport. This was done in order to maintain target group transport during the coronavirus crisis. The national agreements on compensation ran until July 1, 2020. After that, the municipality itself decided to extend the scheme until September 1, 2020. However, even after that date, target group transport was still unable to resume fully. The compensation scheme will therefore be extended again.
The College:
- extends the term of the compensation scheme for student transportation retroactively to June 7, 2021;
- extends the term of the compensation scheme for contracted Wmo transport retroactively to June 14, 2021.
14. Sustainability Implementation Agenda / Paul van Liempd
With the Sustainability Implementation Agenda, the council provides insight into the activities it will organize in the field of sustainability until 2022. It indicates what activities everyone in the municipality can expect. What the municipality is doing to achieve the sustainability goals that have been set, how we are working together, and what activities we are organizing together with the community.
The college decides to:
- To approve the Sustainability Implementation Agenda 2021 to 2022
- The Implementation Agenda to be submitted to the municipal council for approval.