In the year two thousand and EIGHTEEN, on the twentieth day of JULY, at 2.30 p.m., the Municipal Council, duly convened, met in public session under the chairmanship of Mr Claude FERCHAL, Mayor.

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

 Colette Gouyer, Françoise Gam

Absent Ms Christelle Weber

                            Mr Ludovic Patin

                            Mr Richard Dupont (proxy for Mrs Gouyer)

                            Mr Eric Lincot

                           Mr Michel Lecat (proxy for Mr Ferchal)

                           Mr David Petiton (proxy for Mr Grout)

                          Mr Vincent Varin 

Invitation dates July 16, 2018                                                Posting date July 16, 2018

 

As a quorum was not reached on Friday, July 13, 2018, the Municipal Council was postponed to Friday, July 20, 2018 at 2:30 p.m. at the Town Hall, in accordance with the law Article L. 2121-17 of the Code Général des Collectivités Territoriales.

Agenda:

  • Approval of the minutes of the previous meeting
  • Communications from the Mayor
  • Project management agreement: church works
  • Estimate for the Secretariat Computer Tower
  • 2018 membership: Fondation du Patrimoine
  • Membership 2018: Seine-Maritime Attractivité
  • Orange refund
  • The local authority's membership of the Compulsory Prior Mediation scheme
  • Project management: "Chemin des Frênes" flexible fire tank
  • Approval of the Administrative and Accounting Dissolution of the Syndicat Intercommunal du Collège Jean Cocteau d'Offranville

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

  • Acknowledgements :
  1. Mr. Vincent Léonard, general manager of Pelléas films, thanked the Municipality and the technical services for their welcome and efficiency during the filming of Justine Triet's "La première séance" on Vasterival beach.
  2. Mr Bernard Bazille, Mayor of Saint Aubin Sur Scie, would like to thank the Municipality for the loan of equipment which enabled them to present an exhibition.
  • Theft from the church trunk 

Monsieur le Maire informs the Assembly that a theft was committed in the church of Sainte Marguerite Sur Mer on July 6 or 7, 2018, when the building was open to the public. The door to the trunk was forced open to steal money left by the faithful. A complaint has been lodged with the Offranville Gendarmerie Brigade.

Project management agreement: Church works

The Mayor reminds the Assembly that renovation work on the Church of Sainte Marguerite Sur Mer was carried out between 1963 and 1997 (structural work, roofing, lighting and heating) and between 2016 and 2017 (drainage work on the north aisle). The Mayor is proposing to carry out interior restoration work, and to entrust the project management to Mr. Régis MARTIN, Architecte en Chef des Monuments Historiques. The cost of the contract is €4,693.00 excluding VAT. The details of this project are as follows

  • Mission AVP
  • Mission PRO (Project design and tender documents)
  • Mission ACT - VISA (Assistance with employment contracts - Plan visas)
  • DET Mission (Supervision of the execution of the work: completion of the situations and briefs presented by the companies and issue of the certificates justifying the payment of the installments and the balance of the work.
  • AOR Mission(Assistance with work acceptance operations)

The provisional cost of the work amounts to 38,000 Euros before tax. 

The Mayor points out that the Municipality can receive support from the Seine-Maritime Department, the DRAC and the Fondation du Patrimoine.

Having considered the above, the Municipal Council unanimously :

  • AGREES to sign the project management agreement with Mr Régis MARTIN, Architecte en Chef des Monuments Historiques, for a pre-tax amount of €4,693.00.
  • SOLICITATES the highest possible subsidy from the Seine-Maritime Department and the DRAC (Regional Cultural Affairs Department)
  • AUTHORIZES the Mayor to sign an agreement with the Fondation du Patrimoine
  • GIVES full powers to the Mayor to sign all documents and warrants relating to the operation 

Estimate for secretariat computer tower

The Mayor explains to the Municipal Council that it is necessary to replace the tower of the Town Hall secretariat computer and outlines the quotes received for the same equipment (Tower with 8GB RAM and 1T hard disk):

  • DVM for €1,241.26 excluding VAT, without data transfer
  • ABIS for € 738.00 excluding VAT, including file transfer

The Municipal Council, having heard and deliberated :

  • ACCEPTS the ABIS quote for the supply of a computer tower for a total of €738.00 excluding VAT.
  • AUTHORIZES the Mayor to sign all documents relating to this operation 

2018 membership: Fondation du Patrimoine 

The Mayor explains to the members of the Municipal Council that the Fondation du Patrimoine's mission is to help finance projects to restore built heritage through various forms of sponsorship.

This assistance takes the form of membership of the Fondation du Patrimoine for an annual fee of €55:

The Municipal Council, having deliberated, unanimously :

  • AGREES to join the Fondation du Patrimoine for an annual fee of €55.
  • INSTRUCTS the Mayor to sign all related documents

Membership 2018: Seine-Maritime Attractivité

In line with the new legislative framework resulting from the NOTRe law, the Seine-Maritime département intends to develop a proactive policy to support local development and tourism activities. The department has decided to create "Seine-Maritime Attractivité", the result of the merger of its three departmental agencies (Seine-Maritime Expansion, Comité Départemental du Tourisme and Agence Technique Départementale 76). As a former member of ATD76, the département has invited us to join Seine-Maritime Attractivité.

Monsieur le Maire explains that Seine-Maritime Attractivité's articles of association stipulate that EPCI membership of the association implies individual membership of the communes, which for the Commune de Sainte Marguerite Sur Mer means free membership for the Communauté d'Agglomération de la Région Dieppoise.

The Municipal Council, after deliberation, unanimously :

  • DECIDES join Seine-Maritime Attractivité

Orange refund

Monsieur Le Maire informs the Assembly that following the change of telephone operator. Orange has reimbursed the Commune de Sainte Marguerite Sur Mer the sum of 29.14 € and 8.86 € by cheque.

The Municipal Council, having deliberated, unanimously :

  • ACCEPTS the reimbursement of the amounts of 14 € and 8.86 € following the cancellation of internet subscriptions 

Collectivité's adhesion to the Médiation Préalable Obligatoire (M.P.O.)

The Mayor explains to the members of the Municipal Council that Article 5 of Law no. 2016-1547 of November 18, 2016 has provided, on an experimental basis and for a maximum of four years from the date of its promulgation, that contentious appeals lodged by agents against acts relating to their personal situation may be subject to compulsory prior mediation.

Decree no. 2018-101 of February 16, 2018 defines the categories of decisions that may be subject to mandatory prior mediation and sets out the rules for organizing this mandatory prior mediation.

Litigation appeals lodged by civil servants against the following administrative decisions are thus preceded by compulsory prior mediation:

  1. Unfavorable individual administrative decisions relating to one of the elements of remuneration mentioned in the first paragraph of article 20 of Law no. 83-634 of July 13, 1983 (salary, residence allowance, family salary supplement and premiums and allowances established by law or regulation),
  2. Refusal of secondment, placement on non-active status or unpaid leave provided for by articles 15 (unpaid leave to raise a child under the age of 8, to care for a dependent child, spouse, PACS partner, ascendant following an accident or serious illness or suffering from a disability requiring the presence of a third party, to follow one's spouse or PACS partner), 17 (unpaid leave on personal grounds), 18 (unpaid leave for business creation) and 35-2 (congé de mobilité) of decree no. 88-145 of February 15, 1988,
  3. Unfavorable individual administrative decisions concerning reinstatement after secondment, placement on leave of absence or parental leave, or concerning the re-employment of a contract employee after a period of leave mentioned in 2°,
  4. Individual unfavorable administrative decisions concerning the classification of an employee following promotion to a higher grade or a change of job category obtained through internal promotion,
  5. Unfavorable individual administrative decisions relating to lifelong vocational training,
  6. Individual unfavorable administrative decisions concerning appropriate measures taken by public employers with regard to disabled workers in application of article 6 of Law no. 83-634 of July 13, 1983,
  7. Individual unfavorable administrative decisions concerning the adjustment of working conditions for civil servants who are no longer able to perform their duties under the conditions laid down in article 1.er Decree no. 85-1054 of September 30, 1985.

In the local civil service, compulsory prior mediation has been entrusted to a number of voluntary local civil service management centers.

The Ministerial Order of March 2, 2018 selected the candidacy of the Centre de Gestion de la Fonction Publique Territoriale de Seine-Maritime (CDG76).

As this is an experimental scheme, local authorities and public bodies wishing to benefit from it must deliberate before January 1.er September 2018 to join this mandatory prior mediation. 

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

  • DECIDES to join the mandatory prior mediation scheme
  • AUTHORIZES the Mayor to sign the agreement and take all necessary decisions for its implementation.

Project management: "Chemin des Frênes" flexible fire tank

Monsieur le Maire explains to the Municipal Council the commune's objective of improving fire risk coverage in non-covered areas. Three building zones - Résidence Bel Air, the end of Route de Saint Martin and Chemin des Frênes - are not covered by this system. The municipality plans to create two underground cisterns "Résidence Bel Air and Route de Saint Martin" and an unburied flexible cistern, all of which will be fenced off. V3D CONCEPT is proposing an estimate of €1,800 (excl. VAT) for the installation of an unburied flexible fire tank on the Chemin des Frênes.

The Municipal Council, after deliberation, unanimously :

  • ACCEPTS the Mayor's proposal
  • ACCEPTS the quotation from V3D CONCEPT for an amount of €1,800 (excl. VAT)
  • INSTRUCTS the Mayor to sign all documents relating to this operation.

Approval of the Administrative and Accounting Dissolution of the Syndicat Intercommunal du Collège Jean Cocteau d'Offranville

Monsieur le Maire informs the Municipal Council that the departmental scheme for intercommunal cooperation, launched in October 2015, provides for the disappearance of intercommunal unions. These are therefore destined to be dissolved.

He reminds us that the Syndicat Intercommunal du collège Jean Cocteau, whose creation was authorized by prefectoral decree on December 19, 1969, comprises 13 communes, including Sainte Marguerite Sur Mer.

Monsieur le Maire explains that the Collège Jean Cocteau syndicate committee voted on April 13, 2018 in favor of the administrative and accounting dissolution of the said syndicate on a date to be no later than December 31, 2018.

The Mayor informs the Municipal Council that the decision to dissolve the syndicate is only the first step towards its effective disappearance.

At this stage, each of the syndicate's member communes must unanimously agree on the terms of its liquidation.

He reads out the terms and conditions of the dissolution, retained by the syndical committee at its meeting on April 13, 2018 by deliberation no. 05.

He informed the Municipal Council that in the absence of unanimous agreement, a liquidator would have to be appointed to carry out these operations.

VU le Code Général des Collectivités Territoriales,

VU l'arrêté préfectoral du 19 décembre 1969 portant création du syndicat Intercommunal du Collège jean Cocteau,

VU l'arrêté préfectoral du 16 décembre 2016, mettre fin à l'exercice des compétences du syndicat avec date d'effet au 31 juillet 2017, le syndicat conservant sa personnalité morale pour les seuls besoins de sa dissolution.

CONSIDERING that each member commune of the syndicate must deliberate in order to decide on the syndicate's liquidation procedures and approve the syndicate's deliberation dated April 13, 2018 relating thereto,

CONSIDERING the presentation of the terms and conditions for the distribution of the syndicate's assets and liabilities,

In the absence of unanimous agreement by the syndicate's member communes on the terms of dissolution, the dissolution procedure provides for the appointment of a liquidator,

The Municipal Council, after deliberation, unanimously :

  • NOTES and ACCEPTS the conditions for winding up the syndicate as presented in the attached information document,
  • AUTHORIZES the Mayor to sign all documents required for the execution of this resolution.

There being no further business, the Mayor thanked all those present and adjourned the meeting at 4:00 pm.