On September twenty-eighth, at nineteen p.m., in the year two thousand and eighteen, the Municipal Council, duly convened, met in public session under the chairmanship of Monsieur Claude FERCHAL, Mayor.

In attendance were Claude Ferchal, Denis Grout, Jean Pierre Boittout, Jean-Pierre Joubert, Michel Lecat, David Petition, Ludovic Patin, Vincent Varin

Colette Gouyer, Françoise Gamb

Absent Ms Christelle Weber

                            Mr Eric Lincot

                           Mr Richard Dupont (proxy for Mrs Gouyer)

                           Mr Philippe Lefebvre                       

Mr Vincent Varin was elected secretary of the meeting.

Invitation dates September 20, 2018                      Posting date September 20, 2018

Agenda

  • Approval of the minutes of the previous meeting
  • Communications from the Mayor
  • Approval of the Local Urban Planning Project (PLU)
  • Buying a plot of land
  • Creation of a "Chemin des Frênes" flexible tank fire reserve
  • Amendment No. 1 to the "RD 75 - Centre Bourg" safety works contract
  • Recruitment of Contractual Replacement Agent - Adjoint Technique Territorial - Article 3-1 of Law no. 84-53 of January 26, 1984
  • Amendment no. 1: Fixed-term contract: Home Market
  • Creation of a permanent position for a Maintenance Agent - Article 3-3, 4° of Law no. 84-83 of January 26, 1984
  • Fonds de Solidarité Logement contribution
  • Claim for compensation by Mrs MOUQUET Christine
  • Acceptance of contributions - "Plaque Commémorative P. Porteous" Associations
  • Group Statutory Risk Insurance Contract - Subscription - Authorization

Adoption of the minutes of the previous meeting 

The minutes of the previous meeting, sent in advance to each member of the Municipal Council, were adopted unanimously, there being no observations.

Communications from the Mayor

  • Offshore wind farm

Monsieur le Maire informs the Municipal Council that on September 10, 2018, he attended an information meeting on the two public inquiries into the Dieppe - Le Tréport offshore wind farm project. The project, the area of which lies 16 Km off Dieppe and 15 Km off Le Tréport, consists of a measuring mast, 62 wind turbines of 8 MW each, which will be connected by undersea power cables to an offshore transformer station, itself connected to the onshore public electricity grid.

As part of the Dieppe - Le Tréport offshore wind farm project, two public inquiries have been scheduled for the same dates: one concerning the wind farm installation project, conducted by Eoliennes en Mer Dieppe - Le Tréport (EMDT), and the other concerning the wind farm's connection to the electricity grid, conducted by Réseau de Transport d'Electricité (RTE).

The two public inquiries will be conducted simultaneously, from Tuesday, October 16, 2016 at 9 a.m. to Thursday, November 29, 2018 at 5 p.m. The seat of the survey dedicated to the wind farm will be Le Tréport and the seat of the survey dedicated to the connection will be Petit-Caux.

One or more members of the inquiry commission will receive written or oral observations and proposals from the public on the days and at the times indicated in the town halls concerned by the public inquiries. The list of office hours can be consulted on the notice of public inquiries posted in the town hall.

  • Thanks to :

The JUBILEE Association thanks the Town Council for the grant.

Approval of the Local Urban Planning Project (PLU)

Having regard to the French Urban Planning Code, in particular articles L. 153-21 and R. 153-20 et seq,

Having regard to the deliberation of the Municipal Council dated October 14, 2005, prescribing the drafting of the Local Urban Plan (PLU),

Considering the deliberation of the Municipal Council dated November 27, 2015 having prescribed the resumption of the PLU project,

Having regard to the deliberation of the Municipal Council dated October 20, 2017 drawing the conclusions of the consultation process and having approved the PLU development project,

Considering the Mayor's order dated June 22, 2018 submitting the PLU project adopted by the Municipal Council to public inquiry,

Having regard to the report and conclusions of the Commissaire Enquêteur,

Having regard to the opinions of the departments consulted,

Monsieur le Maire outlines the changes made to the draft Local Urban Plan following comments made during the public inquiry, and the opinions of the Associated Public Bodies.

Considering that the PLU project as presented to the Municipal Council is ready for approval in accordance with the aforementioned articles of the Code de l'Urbanisme.

The Municipal Council, after deliberation : FOR: 9

                                                                             ABSTENTION: 2

  • DECIDES to approve the PLU as appended hereto

The present resolution will be posted in the town hall for one month. Notice of this posting will also be published in a newspaper circulating in the département.

The present deliberation will be enforceable as from its reception in the prefecture and the accomplishment of the publicity measures.

Buying a plot of land

The Mayor reminds the members of the Assembly that at the Municipal Council meeting of October 20, 2017, the creation of a fire-fighting reserve on the "Route de Saint Martin" was on the agenda. As the plot of land intended for the reservoir is too small, the Mayor explained the need to acquire land to bury the tank. There is a very suitable plot of land for the cistern, belonging to Mr Jean-Pierre BOUIC and referenced section D n° 227 with a surface area of 2288 m². Mr. Jean-Pierre BOUIC has given his agreement via Maître VANNIER, Notary in Ouville La Rivière, for the sale of this plot of land to the commune. The proposed price is €60,000.

The Municipal Council, having deliberated, unanimously :

  • APPROVES the Mayor's presentation
  • DECIDES to acquire a plot of land cadastralized Section D n° 227 with a surface area of 2,288 m² for the sum of 60,000 euros.
  • AUTHORIZES the Mayor to take all necessary steps to implement this decision.

Creation of a flexible fire tank "Chemin des Frênes

Monsieur le Maire reports on the project for the installation of a flexible cistern "Chemin des Frênes", validated by the Municipal Council on July 20, 2018. Mr. Maire proposes a quotation from EUROVIA including the acquisition of a flexible tank with a capacity of 120 m3 and the landscaping of the site with the installation of a fence and the creation of a parking area.

The Municipal Council, after deliberation : FOR: 10

                                                                              ABSTENTION: 1

  • ACCEPTS installation of a 120 m³ fire-fighting flexible tank
  • ACCEPTS EUROVIA's estimate of €14,666.20 before tax
  • DONATE full powers to the Mayor to sign all related documents.

Amendment No. 1 "Safety improvements to RD 75 - Centre Bourg".

Considering deliberation no. 2017-068 dated December 15, 2017 relating to the award of the contract "Travaux d'aménagement de sécurité du center bourg (RD 75), Réfection de voirie de la Rue aux juifs et de la Résidence Bel Air".

Monsieur le Maire informs the members of the Assembly that the safety project is nearing completion. 

As a result, and concerning the works contract, the Mayor specifies the need to approve amendment no. 1 for the following services:

  • Reprofiling of asphalt roadway at Résidence Bel Air
  • Asphalt access road no. 1916, Route de la Mer
  • Resumption of parking lot access
  • Restoration of Fond des Pâtis access road

This rider takes into account additional services corresponding to roadworks and the marking of a parking lot.

The Mayor presents the features of Amendment No. 1:

 

Company Amount excl. tax Base Rider H.T. New amount excl.
EUROVIA 104 311.26 30 263.20 134 574.46
V.A.T. 20 % 20 862.25 6 052.64 26 914.89
TOTAL INCL. VAT 125 173.51 36 315.84 161 489.35

 

The Mayor therefore proposes that the members of the Municipal Council approve amendment no. 1 to the works contract for safety improvements in the town center (RD 75), road repairs in Rue aux Juifs and Résidence Bel Air, as detailed above.

The Municipal Council, after deliberation : FOR: 10

                                                                                   AGAINST: 1

  • APPROVES amendment no. 1 to the works contract for safety improvements in the town center (RD 75), road repairs in Rue aux juifs and Résidence Bel Air.
  • AUTHORIZES the Mayor to sign all the necessary documents for this project         

Recruitment of Contractual Replacement Agent - Territorial Technical Assistant - Article 3-1 of Law no. 84-53 of January 26, 1984

The Mayor reminds the Municipal Council that the provisions of article 3-1 of Law no. 84-53 of January 26 1984 on statutory provisions relating to the local civil service allow for the recruitment of contractual agents to ensure the temporary replacement of civil servants or contractual agents authorized to carry out their duties or unavailable due to annual leave, sick leave, serious or long-term illness, long-term leave, maternity or adoption leave, parental leave or parental presence leave, family solidarity leave, civil service, participation in operational, civil security or health reserve activities, or any other leave regularly granted in application of the regulations applicable to contractual agents in the local civil service.

The Mayor explains that the needs of the service may justify the rapid replacement of unavailable civil servants or contractual agents.

The Municipal Council, after deliberation, unanimously,

  • AUTHORIZES the Mayor to recruit contractual agents under the conditions set out in article 3-1 of the aforementioned Law no. 84-83 of January 26, 19894 to replace civil servants or contractual agents temporarily unavailable. He will be responsible for determining the recruitment and remuneration levels of the candidates selected according to the nature of the functions concerned, their professional experience and their profile.
  • The corresponding expenditure will be entered in chapter 012 article 6413 of the 2018 budget. 

Amendment no. 1: Fixed-term contract: Home Market

The Mayor explains to the members of the Municipal Council that :

Having regard to Law no. 84-53 of January 26, 1984 on statutory provisions for the local civil service

Having regard to decree no. 88-145 of February 15, 1988, implementing article 136 of the amended Act of January 26, 1984, concerning statutory provisions for the Territorial Civil Service and relating to contractual agents in the Territorial Civil Service

In view of Decree no. 2015-1912 of December 29, 2015 containing various provisions relating to contractual agents in the Territorial Public Service (JO of December 31, 2015). 

Considering deliberation N° 2018-023 dated June 8, 2018 on the creation of a fixed-term contract,

Considering the contract dated June 25, 2018 of Ms. Louise BELLET

An amendment is required to extend the term of Louise BELLET's contract: 

  •  3 hours on Saturdays up to and including November 24, 2018

The Municipal Council, having deliberated, unanimously :

  • DECIDES to extend Ms Louise BELLET's fixed-term contract by 3 hours on Saturdays up to and including November 24, 2018

Creation of a permanent position for a Maintenance Agent - Article 3-3, 4° of Law no. 84-53 of January 26, 1984

Monsieur le Maire reminds the members of the Municipal Council that, in accordance with Article 3-3, 4° of Law no. 84-53 of January 26, 1984 on the statutory provisions relating to the territorial civil service, a job of maintenance agent may be filled by a contractual agent in communes with fewer than 1,000 inhabitants and in groups of communes whose arithmetical average of the number of inhabitants does not exceed this threshold.

Following the retirement of Mrs Véronique GODALLIER, the Mayor specifies that the needs of the community require the creation of a permanent job for a maintenance agent in hierarchical category C, in the grade of technical assistant, on a non-full-time basis, with a weekly working time of 19/35 hours.ème and it is not possible to fill the position with a permanent or probationary civil servant.

In view of the tasks to be performed, the Mayor is proposing a three-year fixed-term contract, renewable by express agreement. The duration of successive contracts may not exceed a total of six years. At the end of the maximum six-year period, the contract may only be renewed by express decision for an indefinite period, in application of article 3-4 of Law no. 84-53 of January 26, 1984.

The Municipal Council, having heard the Mayor's presentation, after deliberation,            

  • AUTHORIZES the recruitment of a permanent contractual employee in the grade of technical assistant (hierarchical category C) to maintain the cleanliness of administrative, technical, school and multi-purpose premises, carry out the inventory of fixtures before and after rentals of the Point de Rencontre hall, and open the market reception area to the public on Saturday mornings, on a non-full-time basis for 19 hours a week (19/35 hours).ème) for a fixed term of 3 years
  • The corresponding expenditure will be entered in chapter 012 article 6413 of the 2018 primitive budget.

Fonds de Solidarité Logement contribution

The Mayor has received a letter from the Department of Seine-Maritime inviting the commune to sign an agreement for the financing of the housing solidarity fund for 2018. Participation is calculated on the basis of €0.76 per inhabitant, and by signing a new agreement for 2018, this one-year commitment is tacitly renewable twice (2019 and 2020).

The Municipal Council, having deliberated, unanimously :

  • DECIDES to sign the agreement with the Department of Seine-Maritime for the financing of the housing solidarity fund for 2018. The contribution is €378.48 for the commune.
  • LOAD Monsieur le Maire to sign all related documents.

Claim for compensation by Mrs MOUQUET Christine

Monsieur Le Maire informs the Assembly that the Mairie has received a letter from Madame Christine Mouquet, residing at 48, Chemin de Nolant. Madame Mouquet explains that during heavy rains on November 27, 2017, the Route de la Ferme turned into a stream and much of the water flowed into Madame Mouquet's home. The house was not flooded because Madame Mouquet and her husband were present that day. They managed to divert the water to the meadow part of their property. Madame Mouquet has consulted her insurance company's legal department, and the responsibility for the damage lies with the Mairie, as Rue de la Ferme is a communal road. They have undertaken to raise an abutment to prevent water from flowing into their home and taking the bend in the road. Madame Mouquet is requesting compensation for the value of all or half of the invoice, which amounts to €679.99. In view of the past experience mentioned in Mrs Mouquet's letter, and the fact that he is fully aware of runoff phenomena, the Mayor proposes compensation of half the invoice, i.e. €340.

The Municipal Council, after deliberation : FOR: 9

                                                                             AGAINST: 2

  • DECIDES to pay compensation of 340 €.

Acceptance of contributions from the "P. Portéous Commemorative Plaque" Associations

At the 75ème anniversary of August 19, 1942, which took place on August 20, 2017, a plaque was unveiled by his daughter, Charmian, on the former town hall in tribute to Captain Patrick Porteous. Captain Porteous was awarded the Victoria Cross, the highest military distinction of the British Empire. Two associations, the Commando Veterans Association Towards and the Royal Artilly Charitab, wanted to contribute to the purchase of the plaque.    

The Municipal Council, having deliberated, unanimously :

  • DECIDES to accept the participation of the two associations:
    • "Royal Artilly Charitab" via the Association des Anciens Combattants for 222.26 €.
    • "Commando Veterans Association Towards" in the amount of $130  

Group contract for statutory risk insurance - Subscription - Authorization 

Having regard to Law no. 84-53 of January 26, 1984, as amended, concerning statutory provisions relating to the Territorial Civil Service, in particular article 26;

VU le Décret n° 86-552 du 14 mars 1986 modifié pris pour l'application de l'article 26 (alinéa 2) de la Loi n° 84-53 du 26 janvier 1984 modifiée et relatif aux contrats d'assurances souscrits par les centers de gestion pour le compte des collectivités locales et les établissements territoriaux ;

The Mayor reminds us:

  • That the Commune of Sainte Marguerite Sur Mer has, by deliberation n° 2017-050 dated September 29, 2017, requested the Centre de Gestion de la Fonction Publique de Seine-Maritime to subscribe on its behalf a statutory insurance contract guaranteeing the expenses left at its charge, by virtue of the application of the texts governing the status of its agents, in application of article 26 of Law n° 84-53 of January 26, 1984 modified bearing statutory provisions relating to the Territorial Public Service and of decree n° 86-552 of March 14, 1986 modified;

The Mayor explains:

  • That the Centre de gestion has communicated to the Commune of Sainte Marguerite Sur Mer the results concerning it

In view of the above, the Municipal Council, after deliberation, unanimously :

  • DECIDES the following proposal  

Insurer : CNP ASSURANCES / SOFAXIS

Contract duration 4 years from 1 Januaryer january 2019

Contract system capitalization

Advance notice Membership can be terminated each year, subject to 6 months' notice.

Agents affiliated to the CNRACL :

All risks with a deductible of 10 days per sick leave for ordinary illness: 5.80 %

Permanent or probationary employees not affiliated to the CNRACL and non-permanent public-sector employees :

All risks with a 10-day deductible for ordinary illness: 0.98 %

As the Centre de Gestion manages the entire insurance contract on behalf of the insurer, a management fee will be payable to the Centre de Gestion by each insured local authority. These fees amount to 0.20 % of the local authority's payroll.

  • AUTHORIZED Monsieur le Maire to subscribe to the group contract proposed by the Centre de Gestion de la Fonction Publique Territoriale de la Seine-Maritime, with effect from 1 January 2010.er january 2019
  • AUTHORIZED Monsieur le Maire to sign the resulting agreements and any related documents

There being no further business, the Mayor thanked all those present and adjourned the meeting at 10pm.