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Minutes of the Municipal Council Meeting

February 7, 2019

On February 7th, at 19:30, two thousand and nineteen, 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, Richard Dupont

Colette Gouyer, Françoise Gambs

 

Absent Ms Christelle Weber

                            Mr David Petiton

                            Mr Eric Lincot

                            Mr Vincent Varin

                           Mr Ludovic Patin

                           

 

Mr Richard Dupont was elected meeting secretary.

 

 

Invitation dates January 25, 2019                      Posting date January 25, 2019

 

 

 

 

Agenda:

 

 

 

 

 

  • Approval of the minutes of the previous meeting
  • Communications from the Mayor
  • Update on the Local Urban Plan (PLU)
  • Urban Right of Preemption
  • Reimbursement of Mr JOUBERT's expenses
  • Reimbursement of Mr DUPONT's expenses
  • Reimbursement of expenses for the renewal of Mr. Stephan JOUAN's C and EC licenses
  • Garden of Remembrance tariff

 

 

 

 

 

 

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

 

  • Thanks

 

The Mayor informs the members of the Municipal Council of the thanks of :

  • Mrs BOSSE for the Christmas parcel and concert

 

 

  • Update on the Local Urban Plan (PLU) :

 

Monsieur le Maire explains to the Assembly that a letter RAR was received in Mairie from the Sous-Préfecture dated November 16, 2018 concerning the deliberation of September 28 approving the local urban plan. This letter, the various points of which are detailed below, constitutes an ex gratia appeal which suspends the time limit for contentious appeal opened by the provisions of article L 2131-6 of the Code Général des Collectivités Territoriales.

The commune had until January 16, 2019 to acknowledge the letter to Monsieur le Sous-Préfet. The Sous-Préfecture acknowledged receipt on January 7, 2019. We have two months from the date of receipt, i.e. March 7, to withdraw the deliberation and re-deliberate on the modifications to the PLU.

The points to be rectified are summarized below:

  • Sainte Marguerite Plage UC sector:
  • In the presentation report, the classification of this sector as a "hamlet" (page 197) should be clarified and strengthened, as it is inconsistent with the classification of this hamlet as a "village".
  • The Sainte Marguerite Sur Mer site has been classified as a hamlet. As a result, it cannot be extended in accordance with article L121-8 of the French Urban Planning Code.
  • The UB sectors of diffuse hamlets:
  • The Bas de Blancmesnil area has been classified as a UB sector, authorizing new construction and constituting a diffuse urbanization far removed from the village. In this sense, new constructions cannot be authorized, even in densification of existing buildings, in accordance with the coastal law, and this sector must be reintegrated into the NA zone.
  • Le Haut de Blancmesnil: maintain the UB zoning, excluding part of the parcels to the north (383, 384, 385 and 386), which should be returned to the NA zone.
  • Parcel ZA n° 40
  • This 4,200 m² plot of land, on which reserved site no. 3 has been set up, must be removed, as it is totally irregular in terms of the French coastal law.
  • The UC urban classification of parcel ZA no. 40 can be maintained. The written regulations for this zone need to be reworked, authorizing the housing typology with a sub-category of dwellings, but restricting building possibilities (ground surface area limited to 30/40 m², maximum height of 3 m/3.50 m to the eaves) and managing the few existing buildings (measured extension of the order of 10/15 % maximum).

 

Following these requests for modifications, the Mayor was received by the Sub-Prefect on Friday, January 1.er February 2019.

 

 The French government has accepted our proposal to review the constructability of part of plot C240, but will not change the classification of the lower Blancmesnil area as a natural zone.

 

The Mayor received Mr and Mrs BERTRAND and their counsel, Maître Axelle VIANNAY, at the town hall, who are contesting the classification of two plots of land (C436 and C240) as natural zones. Maître VIANNAY's letter justifying this objection has been sent to the Sub-Prefect. The commune is awaiting his reply during week 8.

 

The Municipal Council will be asked to decide on the future of the PLU at a forthcoming meeting to be held on December 1.er March 2019.

 

Urban Right of Preemption

 

Having regard to the French Urban Planning Code

 

VU le Code Général des Collectivités Territoriales

 

CONSIDERING that article L211-1 of the Code de l'Urbanisme allows communes with an approved local urban development plan (PLU) to institute an urban right of first refusal (DPU) over all or part of urban zones (Zones U) and future urban development zones (Zones AU), as delimited by this plan,

 

CONSIDERING that this right of pre-emption enables the commune to implement a land policy with a view to carrying out, in the general interest, development actions or operations meeting the objectives defined in article L210-1 of the French Urban Planning Code,

 

The Municipal Council, having deliberated, unanimously :

 

  • DECIDES

 

  1. TO INSTITUTE urban pre-emption rights over all urban zones (Zones U) and future urbanization zones (Zone AU) as shown on the plan appended to the local urban plan approved on September 28, 2018.
  2. TO AUTHORIZE the Mayor to exercise, where necessary, the urban right of pre-emption, in accordance with article L2122-2 of the Code Général des Collectivités Territoriales, and specifies that article L2122-17 will be applicable in this matter.
  3. The urban right of first refusal will come into force on the day the present resolution becomes enforceable, i.e. when it has been posted in the town hall and published in two newspapers distributed in the département.
  4. The scope of application of the urban pre-emption right will be appended to the PLU file, in accordance with article R151-52 7° of the Code de l'Urbanisme.
  5. In accordance with article L213-13 of the Code de l'Urbanisme, a register will be opened at the town hall, in which all acquisitions made by way of pre-emption, as well as the final allocation of these properties, will be recorded and made available to the public.
  6. A copy of this decision will be sent to :
  • to the Prefect
  • to the Sub-Prefect
  • to the Departmental Director of Public Finance
  • to the President of the Conseil Supérieur du Notariat
  • the Departmental Chamber of Notaries

 

Reimbursement of Mr JOUBERT's expenses

 

The Mayor informs the members of the Municipal Council that, during the organization of the 1945 Armistice Centenary exhibition, Mr Jean-Pierre JOUBERT advanced the payment of certain invoices:

  • La Foir'Fouille "various frames" for 97.83 €.
  • Carrefour Market "printer ink" for 60.80 €.

 

For a total amount of 158.63 €.

 

It is therefore appropriate to reimburse Mr Joubert

 

The Municipal Council, having deliberated, unanimously :

 

  • ACCEPTS to reimburse Mr Joubert in the amount of €158.63

 

Reimbursement of Mr DUPONT's expenses

 

The Mayor explains to the members of the Municipal Council that, during the organization of the children's Christmas, Mr Richard DUPONT advanced the payment of certain invoices:

  • Auchan "drinks" for 37.38 €.

 

For a total amount of 37.38 €.

 

It is therefore appropriate to reimburse Mr Dupont

 

The Municipal Council, having deliberated, unanimously :

 

  • ACCEPTS to reimburse Mr Dupont in the amount of €37.38

 

 

Reimbursement of expenses for the renewal of Mr. JOUAN's C and EC licenses

 

The Mayor informs the members of the Municipal Council that Mr Stephan JOUAN has brought forward the payment of certain invoices, a visit to an approved doctor and a urine test in order to renew his C and EC vehicle licence:

  • Docteur Blin in the amount of €36
  • Laboratoire Saint-Pierre for €6.48

 

For a total amount of € 42.48

 

It is therefore appropriate to reimburse Mr Jouan

 

The Municipal Council, having deliberated, unanimously :

 

  • ACCEPTS to reimburse Mr Jouan in the amount of €42.48

 

Garden of Remembrance tariff

 

VU the Code Général des Collectivités Territoriales, in particular articles L.2213-7 et seq. and L.2223-1 et seq;

HAVING REGARD TO the French Civil Code, in particular articles 78 et seq;

HAVING REGARD TO the Penal Code, in particular articles 225-17, 225-+18 and R.610-5;

On the proposal of the Mayor

 

The Municipal Council, having deliberated, unanimously :

 

  • DECIDES to set a fee for the scattering of cremated remains in the Garden of Remembrance, effective 1er march 2019 :

 

  • Scattering of ashes in the Garden of Remembrance: €100

 

The Mayor reminds us that :

 

  • The scattering of the ashes will be recorded in a special register at the town hall.
  • The scattering of ashes is identified by an engraved plaque on the memorial column, supplied and donated by the commune.
  • The Garden of Remembrance is maintained by the municipal services
  • Relatives of the deceased may only lay natural cut flowers. These will be removed periodically by the municipal services.
  • The planting of shrubs, the placing of objects of any kind (artificial flowers, vases, plaques) and any plans to appropriate this space are strictly forbidden. They will be removed without notice.

 

 

 

 

 

There being no further business, the Mayor thanked all those present and adjourned the meeting at 8:40 pm.

 

For certified extract

 

The Mayor,

Claude FERCHAL