Minutes of the Municipal Council Meeting

Session of October 4, 2019

DOWNLOAD IN PDF FORMAT 

In the year two thousand nineteen, on the FOURTH OF OCTOBER, at nineteen p.m., the Municipal Council, duly convened, met in public session under the chairmanship of Monsieur Claude FERCHAL, Mayor.

 

In attendance were Claude Ferchal, Philippe Lefebvre, Denis Grout, Jean Pierre Boittout, Jean-Pierre Joubert

 Colette Gouyer, Françoise Gambs, Christelle WEBER

 

Absent Mr Richard Dupont (proxy for Mrs Gouyer)

                            Mr David Petiton

                            Mr Ludovic Patin

                            Mr Eric Lincot   

    Mr Vincent Varin

                                                                         

Mrs Christelle Weber was elected secretary of the meeting.

 

Invitation dates September 24, 2019                     Posting date September 26, 2019

 

 

 

Agenda:

 

 

  • Approval of the minutes of the previous meeting
  • Communications from the Mayor
  • Resumption of the procedure for drawing up the Local Urban Development Plan for the Commune of Sainte Marguerite Sur Mer with a view to a new decision
  • SDE76 2020 statutory review
  • Refurbishment work on spur no. 1 and longitudinal beach wall
  • Wind farm project on the territory of the Commune of Ambrumesnil - Opinion of the Municipal Council for the public inquiry
  • Don
  • Accepting a cheque
  • Quote for the supply and installation of a suction pole
  • Implementation of the organization and reduction of working hours (ARTT)
  • Implementation of the solidarity day
  • Implementation of the Time Savings Account (C.E.T.)
  • Implementation of an on-call and standby allowance for technical personnel
  • Christmas Packages 2019
  • Christmas Concert 2019
  • Children's Christmas 2019

 

 

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

 

  • Extension of the Plan Particulier d'Intervention :

 

The Plan Particulier d'Intervention (PPI) is a system established by the French government to protect people, property and the environment, and to deal with the particular risks associated with the existence of an industrial facility. In the event of a nuclear incident with potential off-site consequences, the prefect would take charge of operations, relying on this plan. The coverage of special intervention plans (PPI) around nuclear power plants has been extended from 10 km to 20 km. The commune is part of the PPI. As a preventive measure, local residents will receive a voucher to pick up iodine tablets from a pharmacy. These iodine tablets are intended for use in exceptional circumstances, and should only be taken at the request of the prefect.

 

  • Dates to remember:

 

  • October 26 and 27, 2019 Theater "Le testament du Père LELEU" - Farce paysanne by Roger Martin du Gard - Mailbox distribution
  • December 6, 2019 : next City Council meeting

 

 

  • Wind turbines at sea Dieppe Le Tréport :

 

  • Start of works: Early 2022 for a duration of 22 to 24 months
  • Completion: End of 2023
  • Duration of offshore wind farm: 25 years
  • 62 wind turbines of 210 m
  • Capacity of each wind turbine: 8MW
  • Surface area of tender area: 82.4 Km²
  • Total power: 496MW
  • 850,000 people will be supplied with electricity by the offshore wind farm
  • Distribution of the tax specific to offshore wind farms: To coastal municipalities from which the installations are visible within a limit of 12 nautical miles - First annual instalment paid in the year following that in which the wind farm is commissioned.

 

  • Letter from Abbé Paillette:

 

Monsieur le Maire informs the Municipal Council of a letter from Monsieur l'Abbé Paillette, expressing his thanks for the meetings held in connection with the work on the church, the meals for the elderly, the mayor's wishes and the various exchanges in the service of the population in the respective missions of each.

Abbé Paillette moved into the Yerville presbytery on September 2, ready to continue his mission as priest.

 

  • Acknowledgements :

 

The Mayor wishes to thank :

  • the MARAKANA Association for the payment of the grant and the use of the Meeting Point room
  • the Association Canine Territoriale de la Seine-Maritime for the loan of equipment for the Quiberville dog show

 

 

 

Resumption of the procedure for drawing up the Local Urban Development Plan for the Commune of Sainte Marguerite Sur Mer with a view to a new decision

 

VU :

 

  • Deliberation no. 87/2005 of October 14, 2005 concerning the implementation of a Local Urban Planning project
  • Deliberation no. 052/2006 of June 9, 2006 specifying the commune's objectives and the list of associated public bodies
  • Deliberation no. 52/2009 of October 9, 2009, during which the general orientations of the Sustainable Planning and Development Plan (PADD) were debated.
  • Deliberation no. 2013/032 of July 12 approving the Local Urban Development Plan and drawing up a report on the consultation process
  • Deliberation no. 2015/043 of November 27, 2015 concerning the adoption of the communal project of the adopted Local Urban Plan and to update it with regulatory data and context by EUCLYD EUROTOP.
  • Deliberation no. 2017/038 of August 4, 2018, during which the new general orientations of the Planning and Sustainable Development Project (PADD) were debated.
  • Deliberation no. 201//053 of October 20, 2017, summarizing the results of the consultation process and adopting the Local Urban Development Plan.
  • Opinions issued by associated public bodies:

Ä Favorable opinion of the Seine-Maritime Chamber of Agriculture dated February 6, 2018

Ä No comments from the French Ministry of Ecological and Solidarity Transition

Ä Favourable opinion of the Comité Régional de la Conchyliculture Normandie/Mer du Nord dated November 21, 2017

Ä Favourable opinion from Pays Dieppois Terroir de Caux dated February 21, 2018

Ä Favourable opinion of the Rouen Métropole Chamber of Commerce dated February 9, 2018

Ä Favourable opinion from the Communauté d'Agglomération "Dieppe-Maritime" dated February 20, 2018

Ä MRAe's favorable opinion dated February 15, 2018 recommends that the preparation of the PLU should be an opportunity to take into account the retreat of the coastline, accentuated by the effects of climate change

Ä Favorable opinion with reservations from the Direction Départementale des Territoires et de la Mer dated February 20, 2018.

  • The investigating commissioner's opinion of September 14, 2018
  • Deliberation no. 2018/027 of September 28, 2018 approving the Local Urban Planning project.
  • Deliberation no. 2019/006 of 1er March 2019 relating to the withdrawal of the deliberation approving the Plu project dated 28/09/2018

 

The Mayor informs the Municipal Council:

 

  • in order to complete these modifications, it seems appropriate to resume the preparation procedure with a view to a new approval of the Local Urban Planning Scheme project.
  • That this approach does not make it necessary to define new objectives assigned to this procedure and remain those assigned by the deliberation of August 4, 2017
  • EUCLYD EUROTOP has proposed a quote of €5,250 (excl. VAT) for the reworking of the Local Town Planning Scheme.

 

The Municipal Council, having considered the above, unanimously :

 

  • PRESCRIBES the resumption of the drafting phase of the Local Urban Planning Scheme with a view to a new decision.
  • DITES that the objectives initially defined by the deliberation of August 4, 2017 prescribing the PADD do not need to be redefined but simply adapted
  • ACCEPTS the quotation from EUCLYD EUROTOP for an amount exclusive of tax of €5,250.
  • AUTHORIZES the Mayor to sign all documents required for this study.

 

2020 Statutory Review of SDE 76

 

VU :

 

  • SDE76 deliberation 2019/06/21-04

 

CONSIDERING :

 

  • Monsieur le Maire presents the new statutes of the Syndicat Départemental d'Energie de la Seine-Maritime - SDE76 voted on June 21, 2019, which allow it:
    • Secure current skills,
    • Take on new missions to support the energy transition in its territories,
    • To be able to welcome other communities such as EPCIs.
  • Monsieur le Maire points out that the new bylaws provide for the maintenance of current missions and competencies in electricity, gas, public lighting and electronic telecommunications, as well as the maintenance of the existing mode of governance with, in particular, its 14 Local Energy Commissions (CLÉ) unchanged.
  • The new bylaws provide for optional competencies to enhance the company's historic missions, but also to undertake new actions to meet today's challenges in :
  • The energy transition,
  • The energy equipment of its territory,
  • Participation in Climate Air Energy Plans (PCAET),
  • Energy consulting and energy efficiency work,
  • Renewable energy production,
  • Public heating and cooling networks, wood energy,
  • Low-carbon mobility (hydrogen, CNG, electric),
  • Simple, intelligent energy management: communicating networks, energy storage.
  • The terms and conditions of EPCI membership are also set out.

 

He then read out the draft bylaws and internal regulations appended to this resolution, together with the descriptive memorandum.

 

PROPOSAL:

 

Proposed:

 

  • To adopt SDE76's 2020 bylaws and 2020 internal regulations;

 

The Municipal Council, after deliberation, unanimously,

 

  • ADOPTS the attached SDE76 2020 bylaws and 2020 regulations.

 

Repair work on Epi no. 1 and the beach's longitudinal wall

 

Monsieur le Maire informs the members of the Municipal Council that they have to decide on a request from the Département de Seine-Maritime concerning the repair of groin no. 1 and the longitudinal wall of the Sainte Marguerite Sur Mer beach. This repair work will be included in the department's next program of routine repairs to coastal structures. The Département de Seine-Maritime is requesting a financial contribution from the commune, as the work exceeds €15,000 before tax. The commune's contribution rates, based on fiscal potential, are as follows:

 

  • Cost of work under €304,900 excluding VAT ..................................... 15 %
  • Work package between €304,900 and €762,300 before tax.............. 10 %
  • Work in excess of €762,300 before tax................................. 5 %

 

In view of the estimated cost of the project of €18,857.66 exclusive of tax, the municipality's financial contribution will be €2,828.55.

 

The Municipal Council, after deliberation, unanimously :

 

  • DECIDES to issue a favorable opinion on the work to repair groyne no. 1 and the longitudinal wall of Sainte Marguerite Sur Mer beach.
  • ACCEPTS the commune's financial contribution of €2,828.55
  • AUTHORIZES the Mayor to sign the necessary documents

 

Wind farm project on the territory of the Commune of Ambrumesnil - Opinion of the Municipal Council for the public inquiry

 

The Mayor outlines the contents of the letter from the Seine-Maritime Prefecture dated June 17, 2019, and reminds everyone that the complete Pays de Caux wind farm file is available to the Municipal Council.

Lastly, in accordance with article R. 512-20 of the French Environment Code, it specifies that the Municipal Council may make known its opinion on this project, at the latest within fifteen days of the closure of the inquiry register. The Municipal Council was informed of the Pays de Caux wind farm project and the associated public inquiry by means of a note attached to the invitations to the meeting.

 

Having heard the Mayor's presentation, the Municipal Council, after deliberation, by : 8 votes FOR and 1 vote AGAINST

 

  • DECIDES to approve the Pays de Caux wind farm project

 

DON

 

The Mayor informs the members of the Municipal Council of a donation in the form of a cheque from :

  • Kermesse des Clochers de l'Ailly for €500

 

The Municipal Council, after deliberation, unanimously :

 

  • ACCEPTS the donation of €500 from the Kermesse des Clochers de l'Ailly

 

Cheque acceptance

 

The Mayor explains that BRICO DEPOT has reimbursed an overpayment of €215.10. The Council is asked to vote on the acceptance of a cheque.

 

Having heard the Mayor's presentation, the Municipal Council unanimously :

 

  • DECIDES to accept the cheque for 215.10 €.

 

Quotation on the Supply and Installation of a Vacuum Pole

 

Monsieur le Maire informs the members of the Municipal Council that the underground fire tank "Route de Saint Martin" is still not compliant. The Service Départemental d'Incendie et de Secours de la Seine-Maritime has not validated the suction tests, as the height of the fixed suction device is too high. It should be no higher than 80 cm from the ground. As the tank is not sufficiently buried and the suction device is flush with the ground, it is imperative to install a suction post so that the tank can be validated by the SDIS. EUROVIA has provided a quotation for the supply and installation of a suction post at a cost of €1,550.00 excluding VAT.

 

The Municipal Council, having deliberated, unanimously :                                  

 

  • ACCEPTS EUROVIA's quotation for the supply and installation of a suction post at a cost of €1,550 excluding VAT.
  • INSTRUCTS the Mayor to sign all documents relating to this operation

 

Implementation of reduced working hours (ARTT)

 

 

Having regard to the Code Général des Collectivités Territoriales ;

 

VU la loi n° 83-634 du 13 juillet 1983 modifiée portant droits et obligations des fonctionnaires ;

 

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

 

Having regard to Law no. 2001-2 of January 3, 2001 on the reduction of precarious employment and the modernization of recruitment in the local civil service, as well as working hours in the local civil service;

 

In view of decree no. 85-1520 of November 26, 1985 on annual leave for territorial civil servants;

 

Having regard to Decree no. 2001-623 of July 12, 2001, implementing Article 7-1 of Law no. 84-53 of January 26, 1984 and relating to the ARTT for the local civil service

 

Having regard to circular NOR MFPF 120231 C on the implementation of article 15 of French Finance Act no. 2010-1657 of December 29, 2010 for 2011;

 

Having regard to the circular of March 31, 2017 on the application of working time rules in the three civil service sectors;

 

Having regard to the opinion of the Joint Technical Committee dated September 13, 2019

 

Considering that Article 21 of the Law of January 3, 2001 and Decree no. 2001-623 of July 12, 2001 make Decree no. 200-815 of August 25, 2000 on the organization and reduction of working hours in the local civil service applicable to the local civil service;

 

Considering that local authorities and their public establishments must now apply this new system for organizing working hours;

 

The Mayor proposes to the members of the Municipal Council that they institute the organization and reduction of working hours with effect from January 1.er July 2019 as follows:

Ä Beneficiaries will be permanent employees who have been continuously employed by the local authority for at least one year.

Ä The work cycle for the municipal technical services is set at 39 hours with 23 days of ARTT (for a full-time position).

 

Working hours are organized as follows:

 

HOURS at 39 HOURS + 23 DAYS OF ARTT
  SCHEDULES DURATION
MONDAY 8h00 - 12h00 / 13h30 - 17h30 8h00
TUESDAY 8h00 - 12h00 / 13h30 - 17h30 8h00
WEDNESDAY 8h00 - 12h00 / 13h30 - 17h30 8h00
THURSDAY 8h00 - 12h00 / 13h30 - 17h30 8h00
FRIDAY 8h00 - 12h00 / 13h30 - 16h30 7h00
SATURDAY    
    39h00

 

 

The Municipal Council, after deliberation, unanimously :

 

  • DECIDES to set up a reduced working week.
  • ADOPTS the above-mentioned terms and conditions for the organization of working hours, based in particular on the reorganization and reduction of working hours, in compliance with the legal annual working week of 1,607 hours.
  • IT IS RESOLVED that these provisions will apply as from 1 January.er july 2019

 

Implementation of the Day of Solidarity

 

Having regard to the Code Général des Collectivités Territoriales ;

 

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

 

Having regard to Law n°2004-626 of June 30, 2004, amended, relating to solidarity for the autonomy of the elderly and disabled;

 

Considering Law n° 2008-351 of April 16, 2008 relative to the solidarity day;

 

Having regard to the opinion of the Joint Technical Committee dated September 13, 2019

 

 

Monsieur le Maire explains that the legislator has decided to introduce a day of solidarity for the autonomy of elderly and disabled people. The purpose of this day is to contribute to the financing of actions in favor of the autonomy of elderly or disabled people. It is appropriate to introduce this day of solidarity in the following way:

 

♦ Work on a public holiday other than the 1er May ;

♦ Working on a day of reduced working hours as provided for by the rules in force.

Monsieur le Maire specifies that civil servants and non-tenured employees will work an extra day without additional remuneration. It should therefore be noted that the annual working week has been increased from 1,600 h/year to 1,607 h/year, the equivalent of one extra working day.

 

The Municipal Council, after deliberation, unanimously :

 

  • DECIDES that the Solidarity Day will be observed in the local authority as follows:  

♦ Work on a public holiday other than the 1er May ;

♦ Working on a day of reduced working hours as provided for by the rules in force ;

  • DECIDES that the solidarity day will be set in consultation with the employee.
  • DECLARES that the terms and conditions will apply to civil servants, trainees and non-tenured employees.

 

Implementation of the Time Savings Account (C.E.T.)

 

The Mayor reminds the Assembly:

 

In accordance with the provisions of article 7-1 of the French Law of January 26, 1984 and Decree no. 2004-878 of August 26, 2004 as amended, the terms and conditions for implementing the time savings account are set by the decision-making body, after consulting the Technical Committee.

The time savings account is open to permanent and non-permanent staff with one year's service. Trainees and non-tenured employees under private law are not eligible for the C.E.T..

The initiative lies with the agent, who submits his or her request to the territorial authority.

The regulations set out a general framework, but it is up to the deliberative assembly to determine the local conditions of application.

Decree no. 201-531 of May 20, 2010 amended the original decree of August 26, 2004. In particular, it opens up the possibility for employees to take leave earned under the C.E.T. scheme, to claim compensation for it, or to have it taken into account under the R.A.F.P. scheme.

 

Considering the opinion of the Joint Technical Committee dated September 13, 2019

 

The Mayor is asking the deliberative assembly to set the terms and conditions for the application of the time savings account in the community.

 

The Mayor proposes that the Assembly set the following terms and conditions for the local application of the time savings account for the benefit of territorial agents as from 1 January 2010.er july 2019 :

 

  • THE CET FEED:

 

  • In accordance with the provisions of article 3 of the Decree of August 26, 2004, the CET is funded by :
  • Carryover of annual leave, without the number of days of annual leave taken in the year being less than twenty (prorated for part-time and non-full-time employees), as well as fractional days;
  • Carrying forward days of recuperation as RTT (recuperation of working time)

 

  • A maximum of 60 days can be added to the CET.

 

  • C.E.T. OPENING AND FEEDING PROCEDURE:

 

  • The C.E.T. can be opened at any time, at the agent's request.

 

  • The Municipal Council sets the date by which the employee's request for C.E.T. funding must be received:

 

  • This must be received by the C.E.T. management department by December 31 of the current year.
  • This request can only be made once a year. It must indicate the type of leave (annual leave, RTT) and the number of days the employee wishes to credit to his or her account.
  • Each year, the management department will inform the employee of the status of his or her C.E.T. (days saved and days used) within 15 days of the deadline for funding the account, in accordance with the provisions of article 1 of the decree of August 26, 2004.

 

  • THE USE OF C.E.T.:

 

  • Employees may use all or part of their C.E.T. whenever they wish, subject to service requirements.
  • Service requirements may not prevent the use of days saved on permanent cessation of employment, or if leave is requested following maternity, adoption, paternity or family solidarity leave.
  • The C.E.T. can be used for an unlimited period of time.
  • The employee may use all or part of the days saved in the C.E.T.. Whether a permanent or non-permanent employee, he or she may use the days saved in the form of leave, subject to service requirements.
  • More than 20 days saved on the C.E.T. at the end of the calendar year :
    • The employee may use the days in excess of 15 days saved, in particular by combining several options in the proportions he or she wishes from among the following options:
      • Their inclusion in the additional civil service pension scheme only for permanent employees affiliated to the CNRACL.
      • Compensation in accordance with current legislation and regulations
      • Keeping them on the C.E.T.
      • The employee must inform the C.E.T. management department of his or her choice no later than December 31 of the following year.
      • In the absence of a decision, for permanent employees affiliated to the CNRACL, days in excess of 15 days saved are automatically taken into account within the R.A.F.P. scheme. For other employees (non-tenured and tenured employees affiliated to IRCANTEC), they are automatically compensated.

 

The Municipal Council, after deliberation, unanimously :

 

  • DECIDES to adopt the proposed terms and conditions
  • IT IS RESOLVED that these provisions will apply as from 1 January.er july 2019
  • DECLARES that this resolution supplements the resolution dated October 4, 2019 concerning the implementation of the ARTT in the community, with the C.E.T. now constituting one of the working time organization methods.
  • IT IS FURTHER RESOLVED that it will be the responsibility of the territorial authority to grant individual authorization for the use of leave, in accordance with the constraints linked to the operation of the departments.

 

Implementation of an on-call and on-call duty allowance for technical personnel

 

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

 

Having regard to decree no. 91-875 of September 6, 1991, as amended, for the application of 1er paragraph of article 88 of the modified January 26, 1984 law;

 

Having regard to Decree no. 2001-623 of July 12, 2001, implementing Article 7-1 of Law no. 84-53 of January 26, 1984 and relating to the ARTT for the local civil service

 

In view of Decree no. 2005-542 of May 19, 2005 concerning the terms and conditions of remuneration or compensation for on-call duty and standby duty in the local civil service;

 

In view of Decree no. 2003-363 of April 15, 2003 relating to the on-call allowance granted to certain employees of the Ministry of Public Works, Transport, Housing, Tourism and the Sea,

 

 

In view of Decree no. 2003-545 of June 18, 2003 concerning the duty allowance granted to certain employees of the Ministry of Public Works, Transport, Housing, Tourism and the Sea,

 

Having regard to the opinion of the Joint Technical Committee dated September 13, 2019

 

Following the Mayor's presentation and after discussion, the Municipal Council unanimously :

 

  • DECIDES to institute the system of on-call and standby duty allowances that may be granted when periods of on-call or standby duty, decided by the Territorial Authority, have been performed.
  • DECIDES that permanent technical staff may be required to be on call or on standby.
  • DECIDES that periods of on-call duty will be compensated in accordance with the applicable provisions and rates in force.
  • IT IS RESOLVED that these provisions will apply as from 1 January.er july 2019

 

Christmas Packages 2019

 

Monsieur le Maire informs the Assembly of the Commune's decision to favor the merchants of the weekly Saturday morning market for the composition of the parcels. :

  • For 1 single person: €22.00
  • For a couple: €31.00

 

The number of people aged 70 and over eligible for Christmas parcels this year is 67:

 

  • 22 couples
  • 45 single people

 

The Municipal Council, after deliberation, unanimously :

 

  • DECIDES distribute Christmas parcels to people aged 70 and over, i.e. 67 Christmas parcels
  • FIXES the amount for :

Ä Single person at €22.00 + a bottle of Crémant

Ä A couple at € 31.00 + a bottle of Champagne

 

Christmas Concert 2019

 

The Mayor informs the Assembly that the Cap d'Ailly Association is organizing a Christmas concert to be held on Sunday, December 15, 2019 in the Church of Sainte Marguerite Sur Mer.

 

As usual, people aged 70 and over are invited, and their places are paid for by the Commune.

 

The Municipal Council, having heard the Mayor, unanimously :

 

  • DECIDES to invite people aged 70 and over to the Christmas Concert to be held on Sunday, December 15, 2019 in the Church of Sainte Marguerite Sur Mer.

 

Children's Christmas 2019

 

Monsieur le Maire informs the members of the Municipal Council of the choice of provider for the local children's Christmas. The company is "LES GUIGNOLOS FANTASTIQUES", offering a show suitable for both nursery and primary school children. It's a show that transports you into a world of enchantment, fun and interactivity through its originality, lasting one hour and costing €900. To mark the occasion, the children will receive a gift worth €15. The show will take place on Saturday, December 14, 2019 at 4 pm.

 

The Municipal Council, having heard the Mayor, unanimously :

 

  • APPROVES this choice
  • AUTHORIZES the Mayor to take all necessary steps for this file

 

 

 

 

There being no further business, Mayor Claude FERCHAL thanks all those present and closes the meeting at 8.15pm.

 

 

 

For certified extract

 

The Mayor,

Claude FERCHAL