Christine Grimard
Northern News Services
Published Friday, September 21, 2007

YELLOWKNIFE - The contractor installing the portables at St. Joseph school is being taken to court by the city of Yellowknife for starting construction too early.

The city alleges the company contracted to install the portables at St. Joseph school didn't wait the mandatory two-week appeal period before starting construction. - Christine Grimard/NNSL photo

Clark Builders has been charged with a summary conviction offence, punishable with a fine of up to $1,900. Manager Dave Brothers will appear before court Sept. 25.

Clark Builders is accused of blasting and preparing for the portables before a two-week appeal period had end, according to Jeffrey Humble, director of Planning and Lands for the city.

City zoning bylaws require that a notice be posted at the site, giving two weeks for residents to appeal before construction begins.

The development permit for the portables was approved Aug. 13. The city received no appeals against the project.

Humble said the size of fine will depend on what is said in court.

"We're required by bylaw to follow the timeline," said Humble. He said Brothers needs to go to court because development officers cannot issue tickets directly because they are not bylaw officers.

Mike Huvenaars, assistant superintendent of Yellowknife Catholic Schools, said the school board has not been charged in this case. However, they are standing behind Brothers.

"We are assisting him with his defense," said Huvenaars, who wouldn't comment on the specifics of the case prior to the court appearance. Brothers also did not want to comment on the case pending the summary conviction.

Bill Fandrick, buildings inspection manager for the city, said that being tough on appeal periods is a recent development in policy.

"This construction season we've been treating everyone the same," said Fandrick. "It's always been in the bylaw, this way we treat everyone fairly."

The portables were ordered at the end of last year to provide extra classrooms at St. Joseph school. After a fire last summer destroyed part of the school, many students had to be displaced to William McDonald and NJ Macpherson.

The school is undergoing renovations, and the portables were a last minute decision to keep the students under the same roof.

Huvenaars expects the students to be fully moved into the modular classroom units by Sept. 24.