St. Maarten Private Eye

You really don't know much about what foundations do and which foundations do what. The EW Park foundation expressed interest in accepting the house in a letter dated November 19th. 2007. This is not only a SXM PRIDE issue but encompassing many foundations, some of which we do not hear much about, such as the Monument foundation. I am not on the board of the Monument foundation so I cannot tell you which houses they have on the protected list and which ones not. I do know that the Heritage foundation started many years ago to inventorize all old sxm style houses and they continue to do so.
It appears that the Park foundation did not have money to move the old house from over the bank to the Park, however it also appears that there might have been some poor communication between seller and buyer.
I am sorry for you that you have a problem with how some of these foundations operate, the majority of the volunteers who take their time, their money to help this island and will continue to help this island doing whatever it takes, will over ride the people that sit back and complain and make negative comments not knowing details. And by the way, we don't wait for a picture in the paper, we are the ones taking the pictures or persons send us the pictures.
The picture on this website was sent to sxm pride by one of the residents, I am sure this is the first time you have seen this photo yourself.

From SMN News

EROP Amendment Not Legal ---- No Fines Can be Collected---Pride says Government Committing Fraud

Ginger Bread House and Trees that were bulldozed last week

Philipsburg: --- Reliable information reaching SMN News stated that the amendment made to EROP (Eilandsverordening ruimtelijke ontwikkelingsplanning St .Maarten EROP, 1993) is not legal and no fines can be charged to those persons who may chop down a tree or trees.The source said that proper procedures were not followed by legal affairs when the law was drafted.

According to the source this ordinance when done properly according to the laws of the Netherlands Antilles must be ratified by the island council after which it has to be published in the government gazette prior to its implantation.

The source said that the policy which Jay Havieser spoke of on March 22nd 2008 celebrating the first National tree day on St. Maarten and the first in the Netherlands Antilles has to be scrapped and legal affairs now have to draft a brand new policy which must be amended by the Island Council prior to its implementation. Any foundation or person who tries to implement the policy by collecting fines will be doing so illegally.

According to the recently amended legislation trees with a stem of 70 cm to 100cm in diameter are classified as historically and ecologically “significant trees” and are protected pending ROB- VROM evaluation for exceptions. The penalty for unauthorized removal is NAF 3000,-. Trees with a diameter of over 100cm are classified as Historical Patrimony Trees and are protected without the possibility for exception. The penalty for removal is NAF 5000, - and/or potential prosecution for monument object damage with a detention period of no more than two months.

Last week residents of Over the Bank called in the St. Maarten Pride Foundation when a developer demolished a ginger bread house as well as two large trees. Public Works immediately issued a work stoppage until further notice. In an invited comment Jadira Veen said during NATURE WATCH broadcast, an environmental radio program that she host on 98.1fm Pearl Radio, she and her guests learned from a call in listener that the amendment to the EROP regarding the amendment for historical patrimony trees was not yet passed as a law.
As the radio program was about the recent chopping of trees that took place at "over the bank" and the demolition of a old St. Maarten style house, it was with great disappointment when they heard that the tree policy was not yet amended to the EROP as they were told or made to believe via the media and comments made by Dr. Jay Haviser.

St Maarten PRIDE Foundation made several enquiries and was told that indeed the amendment was not made as yet, so fines cannot be collected until the amendment is made and the updated EROP is ratified by the Island Council. She said her research showed when the law is published in the gazette and recognized as a law, and only then it’s legal for fines to be collected.
“St Maarten PRIDE foundation cannot comprehend how the amendment to the EROP could have been sold to the people and the environmental groups as a law- and only after we find out that the tree policy was not amended in the EROP, was never ratified by the Island Council and furthermore we are hearing today that it appears that the entire dossier will have to go back to Government's legal affairs as there are some areas that need to be reworked.” Veen said.
PRIDE foundation considers this a serious case of fraud from Government's side as a notice with Government's signature seal was placed in the local newspaper sometime last week advising the public that this law is now in effect with fines for any entity or person that will chop a Historical Patrimony tree in three categories and that fines of about fls.5000 is in effect if anyone chops down these type of trees.
Furthermore, Dr. Jay Haviser made statements to this effect when he told the Daily Herald newspaper that he would be recommending or suggesting fls.7000- to the developers that chopped down the trees at the over the bank location.
The Daily Herald newspaper also carried a story in the Saturdays edition of the WEEKENDER headlined NOTICE TO PUBLIC: TREE REGULATIONS IN EFFECT!
Veen said these statements and headlines only create the false impression that there is a tree regulation and that culprits will be fined, this is totally not true as there is not yet a law so no fines can be collected until the law is amended, ratified and published as a law.
St. Maarten PRIDE Foundation is very disappointed in the manner in which this issue was handled and hoped that due diligence notice will be given to the public as many members of the public regard PRIDE Foundation as one of the environmental foundations that they can call and ask advice regarding old and large trees.

It was not the first I've seen the house or even been on its tiny porch. Don't be so sure of yourself and place everyone in the same category of ignorance. I could point to the house close to the Maccow's family land in Dutch Quarter, or the one close to old man (forgot his name) place in Middle Region....did you know about these? Don't shut yourself off from the fact that you can receive an education everyday, from anyone, even in your specific line of work. At the end of my post I said if something had already been done, my comments could be ignored, i left that room knowing that I could be wrong. You and the rest should guard against assuming that everyone is aware of your initiatives. It might help to remind or re-cap just for the sake of us non tree-hugger types. Toughen up on the thin skin Jadira, you do good work, but I will question when I want or have to.

Juliana Jno Baptste

I have no problems with people asking questions, it is the tone you set.
I am not an elected official so there is no need for me to answer the people, I do it as I believe in transparency. I also believe that because of the tone of your questions, other foundations clamp up and nothing of their work comes out to the media and the people. I also have many questions regarding where we stand with the Monument list, which houses, buildings are on the Monument list, When will the Monument list be approved by Government, Why is it taking so long to approve and make headway? I do ask everyone now and then the proper people in these foundations what the progress is, and I do not ask in a negative tone.
I can only do my part from SXM PRIDE, as I depend on the other foundations AND GOVERNMENT to do their part as well. You are the one in your post grouping all foundations as the SXMPRIDES of the island, so if anyone is grouping everyone in the same category of ignorance, it is you.
People have to realize that the majority of environmental and heritage foundations work with people that volunteer their time, their energy and many times these volunteers also donate their own money. We have come very far from the time when there were no activist groups, and the few that started like Elsje Bosch and Francois van de Hoeve along with Dwight Barran were chastised as non patriots, freaks, crazy people. Someone told me the other day that the word "environment" only started being mentioned in the Island Council in recent years, before that it was unknown or maybe unpopular to mention.
You ask if I or the other foundations know of these houses you mention in your post, meaning you know of others that we might not know of. If you are really serious with your questions, then please visit the Museum on Frontstreet and ask Elsje to view her picture book with the inventory she has made. Maybe it is best to also take pictures and then go and see if she has to the same houses already documented.
Foundations depend on people just like you to do your part too.

Jadira Veen

Baptiste,

2 questions come to mind.

What suggestions do you have for the foundations to satisfy you? I mean how do they do it right in your view?

Is there something you have done in this field that all of us can learn from?

Thank you.