The Executive Council of the Community of Saint-Martin met in plenary session on Tuesday 29 July 2014 to 15h, under the presidency of Aline Hanson, President of the Territorial Council of Saint-Martin. REPORT OF THE EXECUTIVE COUNCIL OF TUESDAY 29 JULY 2014
The Executive Council of the Community of Saint-Martin met in plenary session on Tuesday 29 July 2014 to 15h, under the presidency of Aline Hanson, President of the Territorial Council of Saint-Martin. The elected representatives of the executive have adopted several deliberations emanating from the Sustainable Development division, Human Development, Legal and Litigation, Taxation and Solidarity and Families.
1) - Examination of applications for land use or occupation
Several applications for land use or land use were analyzed by the Executive Board. Previously studied by the Department of Urban Planning, 31 files received a favorable opinion on 35 requests made to the Department of Urban Planning. These applications were mainly for individual housing permits or for the repair and maintenance of residential dwellings.
2) - Opinion on the draft Decrees on measures for the accessibility of urban facilities and amending the Building and Housing Code
The Executive Council was called upon to give an opinion on several draft Decrees concerning the accessibility to urban facilities and amending the Building and Housing Code. This draft decree (amending Articles R111-19 to R111-19-10 of the Building and Housing Code) provides for the introduction of specific regulations for access to establishments that receive from the public. The Executive Council therefore decided to approve the provisions of the draft decree on the accessibility of establishments open to the public and facilities open to the public and amending the Building and Housing Code. It also decided to approve the provisions of the draft decree defining an accessibility master plan and an agenda subject to the postponement of 2015's applicability and to approve the provisions of the draft decree defining the conditions for determination Stopping points for public transport services to be made accessible to persons with disabilities. The Executive Council finally decided to approve the provisions of the draft Decree on the planned accessibility agenda subject to the postponement of its applicability beyond 2015.
3) - Opinion on the draft ordinance on the accessibility of establishments receiving persons with disabilities from the public, public transport, residential buildings and roads
The Executive Council also gave its opinion on a draft ordinance on the accessibility of establishments receiving public, public transport, residential buildings and roads for persons with disabilities, in which the Organic Law (Cf art 6314-3 I and II) confers full competence on the Collectivity to define their legal regime. It should be noted that, under Article 16 of the draft ordinance, the Communities of St Martin and St Barth are exempted from having to create points of stoppage and accessibility of the rolling stock and to put in place a Accessibility plan containing a programmed agenda, the agenda being a tool for strict planning of actions to be implemented on the territory. This agenda is voluntary, it aims to set up a budget program to amplify after 2015 the movement initiated by the law of 2005. To the extent that the Community has just begun the phases of the inventory of its infrastructures, the Executive Council decided to ask to defer the applicability of a year in order to put in place the appropriate procedures. The Executive Board also approved the general framework of rules laid down in the Ordinance.
4) - Opinion on the draft decree on the Regional Interprofessional Committee on Employment and Training (COPAREF)
COPAREF ensures the deployment of the joint policies defined by the national interprofessional agreements on training and employment, in coordination with the other regional players. It shall draw up regional lists of eligible training in the personal training account after consultation with the regional representatives of the representative professional organizations. The decree determines the number of members, the duration of their mandate and the modalities of operation of COPAREF. In the absence of agreement in 2014, Article I of the decree provides for the composition of the committee. Article II includes overseas adaptation measures for the provisions of COPAREF. It should be noted that, with respect for gender parity, the composition of the committee differs overseas and in the communities of St Martin, St Barthélemy and St Pierre et Miquelon. This is the case for regional representatives of trade unions and employers' organizations representing national and inter-professional employers. The Executive Council has given a favorable opinion to this draft decree.
5) - Draft decree on deconcentrated aid for artists, authors of graphic and plastic works
The aim of this decree is to modernize the system of individual aid to support and develop the creative activity of artists, authors of graphic and plastic works. The decision to grant such aid, taken by the Regional Prefect, shall be the subject of a prior opinion by an advisory committee. Impulsed by the Ministry of Culture and Communication, public policies on aid to artists are then deployed throughout the regional territory by the State and the Communities. These aids are intended to correct the inequalities observed, be they geographical, economic or social, to diversify the public and to encourage the development of the artistic and cultural practices of the greatest number in all cultural fields. These aids can be mobilized by artists and authors in two forms:
-Development aid for the development of an artistic project
-Measures designed to facilitate the living conditions of creators and artists, with an allowance for the installation of a workshop allowing the installation of a work area or the acquisition of material intended for the artistic activity.
Applications for assistance must be made to the Cultural Affairs Department of Guadeloupe. After the advice of the dedicated committees, the final decision rests with the representative of the state in these communities. The Executive Council voted in favor of this draft decree, considering it important to support the vitality and diversity of cultural life in Saint Martin.
6) - Support of the travel expenses of an athlete: Thierry Parotte
The young Thierry Parotte represented our island in Trinidad & Tobago 25 27 April 2014, during a BMX event. Knowing his potential, the Community had chosen to accompany him on this first trip by financing his ticket. On the spot, Thierry Parotte had been noticed by the organizer of BMX events in Canada. The young Saint Martin athlete was invited to perform in the Real City Spin BMX Flatland Competition, which will host the 30 and 31 August 2014. The Executive Council was asked to take charge of its plane ticket to Montreal. In order to continue to support Thierry Parotte, who is very talented in this discipline, the Council has decided to take charge of its air travel to Canada, knowing that the organizers of the event Champion saint-martinois.
7) - Implementation of the fee for the occupancy of school premises
In conformity with the education code (Art L212-15), the Collective as part of its educational policy has enabled associations to make free use of school premises during the long and short holidays within the framework of Recreation centers with or without accommodation, or even in kermesses.
While it is clear that the use of the premises is subject to regulation, the fact remains that the Community is competent to define the financial conditions for the occupation of its property and to update the rental value annually. Thus, tariffs applicable to all associations, physical or moral personalities, wishing to use the school premises, were set up as follows for the school year 2014 / 2015:
For the holidays of All Saints: 200 euros (with accomodation 300 euros)
For Christmas holidays: 250 euros (with accommodation 350 euros)
For the holidays of Carnival: 200 euros (with accommodation 300 euros)
For the Easter holidays: 250 euros (with accommodation 350 euros)
For the holidays of mid-May: 100 euros (with accommodation 200 euros)
For the big holidays July and August: 500 euros (with accommodation 600 euros)
The Executive Board voted in favor of the introduction of these tariffs. A deliberation voted unanimously by the Councilors.
8) - Participation of the Community of Saint-Martin in the CUCS projects - 2e ventilation - 2014 program
The Executive Board was called upon to express its opinion on the payment of subsidies to associations working in the field of social cohesion. Thus, ACED, which implements activities in neighborhoods to care for young people and who work in social mediation, received assistance from the community. This grant will be coupled with a state grant.
The Executive Board voted in favor of this deliberation.
9) - Exceptional support for the winners of the 2014 Entrance Contest to the Institute of Nursing Education (IFSI)
The Community of Saint Martin wished to renew the training preparing for the diploma of nurse on its territory at the 2014 school year. However, the provisional budget presented by the IFSI of Pointe-à-Pitre Abymes, which provides these training programs locally, far exceeds the Community's budget estimates. As a result, the Collectivité had no choice but to cancel the training session (1ère année) for September in Saint-Martin. However, the IFSI of Pointe-à-Pitre has accepted to receive in training in Guadeloupe the six candidates of the main list of admission to the competition 2014. The Collective deemed it necessary to accompany these six winners by providing them with an exceptional amount of 5000 euros per training year for a three-year period. An agreement defining the modalities for the payment of this exceptional aid will be signed between the Collective and each beneficiary.
10) - Opinion on the draft law on the law of foreigners in France
The bill on the law of foreigners in France, which is submitted to the opinion of the Community of St Martin, reforms and improves the existing provisions on reception and support of foreigners towards integration. Secondly, it simplifies and improves the positive law on the issuance of residence permits, the measures to be taken to make the remoteness of the territory effective, and organizes the bringing together of these new provisions with the regimes specific to the territories of another country, Overseas territories with special status.
Following an interministerial inspection mission commissioned by the government after May 2012, an individualized course taking into account the specific profiles of the migrants will be implemented instead of the hosting and integration contract set up in 2002.
Two new residence cards will be created: the multi-year card of a maximum duration of 4 years may be issued after obtaining a first card of one year, subject to fulfilling the conditions. A second multi-year card, the "Passport Talent" card will improve the attractiveness of French territory for all foreigners with a skill to make or an economic project to develop. The bill also aims to simplify the classification of categories of foreigners according to their country of origin and their situation.
It is interesting to note that in this bill, deportation to the border, which is sometimes duplicated with the Obligation to Leave the French Territory, will be abolished. The draft also contains an article aimed at bringing the new provisions into line with the legal regimes of the overseas territories.
After deliberation, the Executive Council decided to give an unfavorable opinion on this bill, considering that it would prove inoperative on the territory of the Collectivité, since it was not adapted to the reality of the territory.
11) - Opinion on the draft decree on the declaratory obligations and on the call for competition between tax relief intermediaries Overseas
Several forms of tax exemption are foreseen at the national level in favor of investments made in Saint-Martin (Girardin law). Dedicated structures (of the SNC type for example) can benefit from a significant tax advantage due to certain investments leased for a period at least equal to 5 years to operators established in Saint-Martin. In the framework of these "leasing schemes" operated by tax exemption intermediaries, the State may still contribute to the financing of certain productive investments operated in Saint-Martin (rental of vehicles, pleasure craft, construction equipment, equipment transport). The Parliament wished to regulate the profession of fitter or intermediary in tax exemption overseas, and among the new obligations, the companies concerned must be entered in a register kept by the representative of the State in the Community where these companies have their registered office . Transactions must be reported annually to the tax authorities regardless of the amount of the investment, and an ethics charter must be signed. On the basis of a certain threshold (50% of the capital above which the intermediaries must compete, the law obliges the intermediaries to compete for tax exemption). Article 242 septies of the General Code of National Taxes lays down the rules and obligations in this matter.
The purpose of the draft decree is to clarify the terms of the annual reporting obligation and to define the new procedure for calling for competition. These measures lead to greater transparency and better control of tax assistance schemes, except that the special situation of Saint-Martin is not mentioned and that no precision is given on the threshold for competitive tendering In the case of St Martin ??
The Executive Council therefore decided to give a favorable opinion to this draft decree, provided that details were given on these two points of shadow concerning Saint-Martin.
12) - Granting of grants to associations working in the field of seniors and disability
The Executive Council decided to grant a grant to the association Tournesol, which works with children with disabilities, to the association Forever Young, which organizes recreational activities for the elderly isolated and the aging disabled , And the newly created SXM Autism Association, which helps children with autism and educates the general public about the disease. Finally, the association "Network of Surgery and Healing (RC2) for the treatment of chronic wounds and the training of caregivers, will also receive a grant aimed in particular to help finance a telemedicine platform.